John Child William Walker John Sherbrooke William Prince Joseph Moorewood Then the Usual Proclamation for Information was made and those who were Summon'd to be of the Jury and not Sworn were Discharged Cl. of the Cr. Sir John Friend Hold up thy Hand You Gentlemen that are Sworn Look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir John Friend Knt. as in the Indictment mutatis mutandis and against the Statute in that Case Made and Provided Upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal hath put himself upon God and his Countrey which Countrey you are Your Charge is to Inquire Whether he is Guilty of the High Treason whereof he stands Indicted or Not Guilty If you find him Guilty You are to Inquire what Goods and Chattels Lands and Tenements he had at the Time of the High Treason Committed or at any Time since If you find him Not Guilty you are to Inquire Whether he fled for it If you find he fled for it you are to Inquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he fled for it you are to say so and no more and hear your Evidence Mr. Mountague King's Counsel May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason brought against the Prisoner at the Bar Sir John Friend for associating himself with and aiding of the King's Enemies for procuring an Invasion from France in order to depose his Majesty King William and in order to effect these his wicked and traiterous Purposes the Indictment sets forth that the Prisoner at the Bar Sir John Friend upon the first of July last did meet and agree with my Lord Ailesbury my Lord Montgomery Mr. Chernock Sir William Parkins Sir John Fenwick and Coke and there they did agree among themselves how they should procure an Army from France to come and invade this Kingdom and that they would raise a considerable Number of Men to facilitate the Landing of the French Forces The Indictment charges the Prisoner in particular with agreeing to send Mr. Chernock as a Messenger to the late King James to inform him of this their Design and also for the obtaining and procuring a Commission from the late King James to constitute him a Colonel of Horse for the raising of a Regiment to procure the said Forces It doth charge him likewise with laying out and expending several Sums in listing and keeping several Men in a Readiness to be Souldiers in his Regiment and for buying several Arms and Horses to be made use of in this intended Rebellion The Prisoner to this hath pleaded not Guilty We will produce our Witnesses and we doubt not you will see Cause to find him Guilty Silence being proclaimed the King's Attorney General open'd the Indictment thus Mr. Attorney General Sir Tho. Trevor My Lord and you Gentlemen of the Jury the Prisoner at the Bar Sir John Friend Knight stands Indicted of High Treason for Compassing and Imagining the Death and Destruction of the King and likewise for adhering to the King's Enemies Gentlemen the Overt-Acts laid in this Indictment for the proving the Treason are That the Prisoner did accept of a Commission from the late King James for raising a Regiment of Horse in this Kingdom in order to join with the French Forces when they should invade it and that there were several Meetings and Consultations between him and several other Persons in which it was resolved to send a Messenger viz. Mr. Chernock into France to desire of the late King James that he would prevail with the French King to send a Number of Men from France to come over and to invade this Kingdom and to assure him that he with others would be assisting upon the said Invasion with a good Number of Men and Horses when they came and that he did accordingly raise Men and provide several Arms that he listed the Men and had them in Readiness to join with the French Forces when the Invasion should be These are the Overt Acts laid in the Indictment the Evidence to be produced to prove the Treason and Overt-Acts will be in this manner Gentlemen you will see by the Evidence that there hath been a Design and Conspiracy on foot for several Years to Assassinate the King's Person and to have an Invasion from France at that time by an Armed Force here to subdue this Kingdom The Prisoner at the Bar about two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse which he accepted of there were several other Commissions likewise sent to the Prisoner and he did in pursuance thereof appoint his several Officers and listed several Men for that purpose and expended several Sums of Money for the retaining of them That his Lieut. Colonel was to be one Brice Blair and for his Major one Sclater this Sclater it seems his Father had been a Clergy-man and he did engage to bring in Men into his Troop that were Clergy-men who refused to take the Oaths one of his Captains was to be one Everard another was to be one Richardson with several other Officers which he had engaged in the Design with which he had appointed to make up his Regiment Gentlemen you will hear further by the Witnesses that about May or June last they having raised a considerable Number of Men that were ready here there were several Meetings that were had between the Prisoner at the Bar and several other Persons in order to send one over in order to procure Force from France to invade this Kingdom The first Meeting you will hear of was at the Old King's Head Tavern in Leadenhall-street there were present the Prisoner at the Bar my Lord Ailesbury my Lord Montgomery _____ Pelling Sir John Fenwick Charnock who was lately executed Porter and one Cook at that Meeting You shall hear what the Debates were and what was the Resolution and that was to send over Charnock several Debates there were among them who to send at last it was resolved to send over Charnock to France to propose to the late King James their Design and to desire of him to prevail with the French King to furnish and send 8000 Foot 1000 Horse and 1000 Dragoons and impowered him to assure the late King James that whensoever he should land with those Forces they would be ready to join him and assist him with near 2000 Horse among them they undertook to do so much accordingly this Charnock did undertake to go upon this Message About a Week after they were to meet again for Charnock was unwilling to go on such an Errand without having an Assurance from them that they still continued in their Resolution taken up for acquainting King James what they would do and about a Week after they met at Mrs. Montjoy's a Tavern where were
always took him for a Protestant Sir J. Friend I desire Mr. Carpenter may be called Officer Call Carpenter Sir J. Friend I desire to know whether or no Mr. Porter be a Roman Catholick and Mr. Blair Mr. Carpenter I have been at Epsom several times and it hath been so reported there But for Sir J. Friend I have known him several Years I keep a Brew-house as he does and I have known him a great while and have had Occasion to be in his Company and to see him on the account of Partners coming in to Trade together and I never knew any thing of him but that he was a quiet and peaceable Man that did frequent the Church I know no otherwise Sir J. Friend Will you please that the Statute Book may be sent for L. C. J. H. Yes it shall Have you any more Witnesses Sir J. Friend Yes a great many more Witnesses L. C. J. H. Then call whom you will Sir J. Friend I desire Mr. Hawkins may be called my Lord I desire he may give an account what I am whether I am a Roman Catholick or a Protestant Mr. Hawkins I have known Sir J. Friend these 20 Years and have had to do with him a great while before the present Government and since and have heard him speak no Reproachful Language slightingly or reflectingly against the Government As to his Religion I did always believe him to be a Protestant of the Church of England and always went to Church L. C. J. H. What since the Revolution Mr. Hawkins I believe he has L. C. J. H. Have you known him go to Church Mr. Hawkins I have been out of Town and have not seen him so frequently as I use to do Sir J. Friend I desire Major Mold may be called for L. C. J. H. If you have done with him Maj. Mold My Lord I have known Sir J. Friend many Years 20 Years I have always lookt on him to be a sincere strict Protestant I have been in his Company several times since the Revolution and never heard him talk disrespectfully of the present Government and have been in his Company several times Sir J. Friend I desire Dr. Hollingworth may be called He did not appear Sir J. Friend I desire Mr. Lupton may be called Mr. Lupton I desire you to give an account of me Mr. Lupton I have known Sir J. Friend about ten Years he was pleased to Imploy me as a Chaplain in his House a very considerable time before and after the Revolution We always used Prayers in the Family and prayed for the present King and the late Queen Mary at which Sir J. Friend was many times present Mr. Att. Gen. How long was it since Mr. Lupton About four or five Years as I remember When Sir John's Family was lessened he was pleased to say my Family is now lessened and I am going into the Country and shall have no occasion for you at present but if ever I make use of a Chaplain again I will desire you to come to me again L. C. J. H. How long is it since you left him Mr. Lupton About five Year and as to his being a Papist I have often had discourse with Sir John about it and he was pleased to speak of it with Detestation of their Principles and that he did abhor them Sir J. Friend Have you heard me speak any thing of an Invasion how I would venture my Life in such a Cause Mr. Sheriff Speak out that the Court may hear you Mr. Lupton I have heard him often say That tho' he could not comply with the present Government he would live peaceably under it and that he would never be in a Plot and I never found any thing by him but that he was a very worthy honest Gentleman Sir J. Friend Pray let Mr. Hodely be called up Sir pray tell the Court and the Jury what you know concerning me and my Life and Conversation Mr. Hodely I believe my Lord Sir John Friend is a very settled Protestant of the Church of England I have frequently discoursed with him upon it I have a couple of Children that are his Nephews on whose Account I am forced several times to wait upon him and trouble him He hath often said he would never be in a Plot and which makes me the better remember it his Words were If you catch me in the Corn put me in the Pound Sir John Friend did frequently express himself with a great deal of Detestation against King-killing or Assassinating a Crowned Head Mr. Attor Gen. Pray Mr. Hodely what were the occasions of such Discourses between Sir John Friend and you concerning the Government and with reference to any Plot against it Mr. Hodely Indeed I can't tell upon what occasion such Discourses there will be on some occasions I don't remember any occasion of it L. C. J. H. How long ago was this Mr. Hodely I believe Five or Six times within these Two Years L. C. J. H. Had you the same Discourse Mr. Hodely I can't tell as to the same Discourse but these were his Words He would be in no Plot. L. C. J. H. Have you any thing more Sir John Sir J. Friend I cou'd bring a great many more L. C. J. H. Call whom you will Sir J. Friend I would not give you the trouble L. C. J. H. Call who you will Sir J. Friend Then call Mr. Willis and Mr. Hemins I hope your Lordship does not forget what I proposed about the Statutes being brought L. C. J. H. No we don't forget it Sir J. Friend I desire Mr. Willis you will give an Account to his Lordship what you think of my being a Protestant and how I have behaved my self in every Respect Mr. Willis I have always taken for granted That all who come to Church are Protestants and I did always take Sir John Friend to be a Protestant The Acquaintance I have had with him was since I lived in the Parish of Hackney and have had some Conversation with him sometimes and friendly Visits but I don't remember any Discourse at any time relating to the Government either one way or other I confess I was never very often with him but his Discourse was obliging and prudent always when I was there L. C. J. H. When did you see him at Church Mr. Willis I can't call to mind justly when it was he may be at Church sometimes and I not see him for our Seats are very distant and the Pillars between that we can't see one another L. C. J. H. Have you seen him there within a Year or two Mr. Willis He hath been above a Year from Hackney Mr. Montague Can you say you have seen him there this Four Years Mr. Willis I can't say what I don't know I can't call to mind I wou'd not say any thing I don't know tho' I am not upon my Oath Sir J. Friend I desire Mr. Hemins may be called I cou'd call a great many but all to the
he had no Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your Knowledge and so you say all Omnes Yes Then the Court Adjourned till Seven a Clock the next Morning the 24 th Instant The next Day at Seven a Clock the Court being met a Messenger came from Sir John Friend to the Court desiring that he might be heard a Word or two in Arrest of Judgment Cl. Cr. Set Sir John Friend to the Bar. Silence Sir J. Friend I beseech your Lordship that you will give me Leave to move in Arrest of Judgment because I am not Convicted of Treason Mr. Porter says That I with others sent in May last to King James to obtain Men from the French King And Mr. Blair says that I had a Commission from King James to be a Colonel of Horse but this is no Levying of War and therefore I am Convicted but by one Witness L. C. J. H. Sir John you were not Indicted for Levying War but for Compassing the Death of the King And as for your Commission to raise Men you gave Money to Blair your Lieutenant-Colonel to give to the Men that were to be of your Regiment Sir J. Friend I thank God I am as innocent as a Child unborn of Assassinating the King L. C. J. H. The Overt-Acts for dethroning the King are Overt-Acts for Compassing and Imagining his Death Sir J. Friend I desire your Lordship to hear my Counsel L. C. J. H. We can't enter into Examination of that Matter now You had Yesterday a long Trial. Sir J. Friend I desire I may have Counsel for the satisfaction of the World L. C. J. H. No Counsel that understand what a Counsel should do can say any thing for you in this Case Tho' it be no Treason barely to conspire to Levy War yet it is Treason to conspire to levy War to dethrone the King Sir J. Friend I desire that I may have the Liberty of Friends to come to me to take care of my Soul that little time that I have to live L. C. J. H. Yes by all means Then the Court proceeded to the Trial of Sir William Perkins And after the Jury had brought in their Verdict against him they adjourned till Five-a-Clock that Evening About Six of the Clock the Lord Mayor Mr. Common Serjeant and a sufficient Number of the Justices returned into Court and Proclamation being made for Attendance the Prisoner was brought to the Bar. Cl. Cr. Sir John Friend Hold up thy Hand Thou standest convicted of High Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to the Law Sir J. Friend I have said all already Cl. Cr. All manner of Persons are commanded to keep silence while Judgment is giving upon pain of Imprisonment Note The Sentence was pronounced against Sir William Parkins at the same time Mr. Common Serj. You the Prisoners at the Bar Sir John Friend and Sir William Parkins have been indicted for High Treason in conspiring the Death of the King for Trial thereof you have put your selves on your Country which Country have found you guilty The Crimes you are convicted of are the greatest a Man can commit Murder and Robbery are Injuries but to private Persons but to contrive the Destruction of the King is letting in Ruin upon Thousands of People For Robbery and Murder there may be something pleaded for Justification as for private Revenge c. But to set conspire and debate the Destruction of a Prince the best of Men the Father of his Country no Man had ever any Colour of Excuse for that I would not add to your Unhappiness I am sorry for the severe Judgment that you have brought upon your selves All that remains for me to do is to pronounce on you the Sentence And the Court doth award THat You and each of You be carried to the Place from whence you came and from thence be drawn on a Hurdle to the Place of Execution and be there severally Hanged but cut down while you are alive that your Privy Members be cut off that your Bowels be taken out and burnt before your Faces that your Heads be sever'd from your Bodies and your Bodies be divided into four Quarters and your Quarters to be at the King's Dispose And the Lord have Mercy on your Souls Then the Court Adjourned to the 22 d. Day of April FINIS
said First of July in the Year aforesaid at London in the Parish and Ward aforesaid Traiterously did Consult Consent and Agree to send the said Robert Charnock as a Messenger from him the said John Friend and the said other Traytors to the Jurors unknown to and into the Kingdom of France in Parts beyond the Seas to James the Second late King of England to Propose to him and Desire him to obtain of the said French King the Souldiers and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such their Traiterous Intentions and Adhesion and all other the Premisses and to inform them of all other particular Matters and Circumstances referring thereunto And also to receive Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses and to signifie report and declare the same to the said John Friend and the said other Traytors in this Kingdom of England for their Assistance Incouragement and Aid of the said Enemies of our said Sovereign Lord the King in the War aforesaid And to stir up and procure those Enemies the more readily and boldly to Invade this Kingdom of England the said Treasons and Traiterous Intentions Imaginations and Purposes of the said John Friend to perfect and bring to pass And the more easily to execute carry on and perform all the Premisses he the said John Friend during the War aforesaid so as aforesaid continued to wit on the First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly and Traiterously did procure and obtain and received and had a Commission or Writing purporting a Commission under and from the said James the Second late King of England to Constitute him the said John Friend to be a Colonel of Horse in the Army to be levyed and formed within this Kingdom of England by him and other false Traytors against our said Sovereign Lord the King And in Prosecution of the said Pretended Commission by him the said John Friend so obtained and accepted and the said Treasons and all the Traiterous Intentions aforesaid the sooner to be executed performed and fulfilled he the said John Friend afterwards to wit the said First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly Maliciously Advisedly Privately and Traiterously divers Soldiers and Men Armed and ready to be Armed with Force and Arms to Rise and Fight and War and Rebellion against our said Sovereign Lord the King within this Kingdom of England to make and carry on and to and with the said Enemies of our said Sovereign Lord the King Foreigners and Strangers Subjects and Souldiers of the said Lewis the French King Invading this Kingdom of England to and upon their Invasion and Entry into this Kingdom of England then shortly to be expected and together with him the said John Friend to be joyned and united and in Troops and Companies to be formed did Levy List and Retain and caused to be Levyed Listed and Retained and divers sums of Money in and about the Levying Listing and Retaining the said Soldiers and Men Armed and ready to be Armed for the Purposes aforesaid on the said First of July in the Seventh Year aforesaid at London aforesaid Falsly Maliciously and Traiterously did give and pay and cause to be paid and those Soldiers and Men the Traiterous Intentions and Purposes aforesaid â—hen and long after had in readiness And also on the said First of July in the Year aforesaid at London aforesaid divers Horses and very many Arms Blunderbusses Muskets Pistols Swords and Rapiers and other Warlike things and Instruments Falsly Maliciously Secretly and Traiterously he did buy gather together and procure and caused to be bought gathered together obtained and procured and in his Custody had and retained with Intentions to use the same in the â—aid Invasion War and Rebellion against our said Soveraign Lord the King to depose throw down and deprive our said Sovereign Lord the King of and from his Kingly State Crown and Throne of this Kingdom of England and Him to Kill and Murder And all the other Traiterous Intentions and Purposes of him the said Sir John Friend to fulfil perfect and fully to bring to effect against the Duty of his Allegiance against the Peace c. And against the form of the Statute 〈◊〉 such case made and provided c. How say you Sir John Friend Art thou Guilty of the High Treason whereof thou standâ— Indicted or not Guilty Sir J. Friend Not Guilty Cl. of the Cr. How wilt Thou be Try'd Sir J. Friend By God and the Countrey Cl. of the Cr. God send you a good Deliverance Sir J. Friend Amen I do not question it Then the Clerk of the Crown began to call over the Jury Sir J. Friend My Lord I have some thing to move if Your Lordship please My Lord If any matter of Law doth arise I humbly move that I may be heard by Counsel that I may not be destroyed without Law L. C. J. H. If any matter of Law doth arise on the Tryal and you tell us what that Matter of Law is if the Court sees it a Matter of doubt the Court can assign you Counsel Sir J. Friend My Lord I am no Lawyer I hope as Your Lordship is of Counsel for the King so you will please to be so for me for I am no Lawyer and know not whether it be matter of Law or not so I beseech Your Lordship to tell me if it be Law or not Law L. C. J. H. We are bound to tell you so and to be Indifferent between the King and the Prisoner and to let you have all the Benefit of the Law possible and will do so Sir J. Friend I do not Question it my Lord. Cl. of the Cr. Cryer Make Proclamation Cryer Oyes Oyes Oyes You Jury-Men c. Cl. of the Cr. Sir John Friend Hold up thy hand You the Prisoner at the Bar Those Men that you shall hear called and personally appear are to pass between Our Sovereign Lord the King and you upon Tryal of your Life and Death If therefore you will Challenge them or either of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn Sir J. Friend My Lord How many may I Challenge L. C. J. H. You may Challenge that is Except against Thirty Five without shewing any Cause If you have good Cause against any more you may refuse them Sir J. Friend It may be my Lord I may mistake I desire of your Lordship that I may have timely notice of the Five and Thirty L. C. J. H. You shall know it Then the Jury were Sworn whose Names were as followeth Thomas Clerke Thomas Emms. Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long.