THE TRYAL AND CONDEMNATION OF Sir Iohn Friend Knight FOR Conspiring to Raise REBELLION IN THESE KINGDOMS In Order to A French Invasion Who upon full Evidence was found Guilty of HIGH-TREASON AT THE Sessions-House in the Old Bayly March 23 th 1695 6. LONDON Printed for Brabazon Aylmer at the Three Pigeons over against the Royal Exchange in Cornhil MDCXCVI THE TRYAL OF Sir John Friend K nt On Monday the 23 th of March 1695 6 At the Sessions-House in the Old Bayly Proclamation for Silence and Attendance upon the Sessions being made as usual The Court proceeded to call the Jury Impannell'd and to the Tryal of the Prisoner Clerk of the Crown SET Sir John Friend to the Bar. Sir John Friend Hold up your hand Sir J. Friend My Lord Mr. William Courtney is my Principal Witness and is now in the Gate-House and I humbly move Your Lordship he may be sent for L. C. J. H. Is he your Witness What is his Christian Name Why did you not desire this before Sir J. Friend My Lord I did not hear of him till last Night and I humbly beseech Your Lordship that You would be pleas'd to let him be sent for L. C. J. H. I will tell you what you shall have If you will appoint your Agent to come he shall have an Habeas Corpus ad testificandum and he shall be sent for You might have sent to Me this Morning and he might have been sent for Sir J. Friend I did not know it till last Night L. C. J. H. You shall have a Habeas Corpus ad testificandum make what hast you can you shall have a Habeas Corpus Sir J. Friend My Lord be pleased to give a Rule of Court L. C. J. H. That can't be it must be a Habeas Corpus ad testificandum Sir J. Friend It will be a long time before he can come and I desire nothing but L. C. J. H. It shall be ready presently Sir J. Friend If it may be It will be a great Prejudice to me if he be not here L. C. J. H. I believe it will be time enough Sir J. Friend Supposing it should not be it will be a great prejudice to me L. C. J. H. We are not in such haste we don't spur you on Sir J. Friend I beg Your Lordships Pardon I am not L. C. J. H. Officer Make a Writ of Habeas Corpus ad testificandum What is his Name James Courtney Sir J. Friend William Courtney L. C. J. H. Give him his Christian Name Sir J. Friend William Courtney My Lord. L. C. J. H. Let him go with it to the Crown-Office immediately and bring the Writ Sealed and I will Sign it Cl. of the Cr. Sir John Friend Hold up thy Hand You stand Indicted by the Name of Sir John Friend Knight The INDICTMENT London ss THE Jurors c. Present That whereas an Open Notorious Publick and Cruel War for a great Time hath been and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King against the most Serene Illustrious and Excellent Prince our Lord WILLIAM the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Sovereign Lord the King and His Subjects One John Friend late of London Knight a Subject of this Kingdom of England well knowing the Premisses not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene and Excellent Prince WILLIAM the Third now King of England c. his Supream True Natural and Vndoubted Lord the Cordial Love and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear and of right ought to bear withdrawing and intending to extinguish and minding and with all his strength designing and endeavouring the Government of this Kingdom of England under Him of Right Duely and Happily Established altogether to Subvert Change and Alter and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall in an intolerable and miserable Servitude to the French King on the First of July in the Seventh Year of the Reign of our said Sovereign Lord the King and divers other Dayes and Times as well before as afterwards at London in the Parish of St. Peters Cornhill c. Falsly Maliciously Devilishly and Traiterously did Compass Imagine Contrive and Intend our said Sovereign Lord the King that now is then his Supream True Natural and Lawful Lord of and from His Kingly State Title Honour Power Crown Imperial and Government of this Kingdom of England to Depose and altogether Deprive and our said Lord the King to death and final destruction to bring and to move stir up procure and Aid the said Lewis the French King by Armies Souldiers and his Subjects to invade fight with overcome and subdue this Kingdom of England and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King throughout His whole Kingdom And he the said John Friend to the said Enemies of our said Sovereign Lord the King then and there during the War aforesaid was Traiterously Adhering and Aiding And to the same most Wicked and Devilish Treasons and Traiterous Compassings Intentions and Purposes aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of that Traiterous Adhesion he the said John Friend as such a false Traitor during the War aforesaid to wit on the said First day of July in the Year aforesaid at London in the Parish and Ward aforesaid and divers other Dayes and Times as well before as afterwards there and elsewhere in London aforesaid Falsly Maliciously Advisedly and Traiterously and with Force and Arms with one Robert Charnock lately Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Sovereign Lord the King and with divers other false Traytors to the Jurors aforesaid unknown did Meet Propose Consult Consent and Agree to Procure from the said Lewis the French King of his Subjects Forces and Souldiers then and yet Enemies of our said Sovereign Lord the King great numbers of Souldiers and Armed Men to Invade this Kingdom of England and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Companies against our said Sovereign Lord the King to be raised and formed and with those Enemies to and upon such Invasion and Ingress into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of England to make levy and carry on to depose our said Sovereign Lord the King and Him to Kill and Murder And further with those said false Traytors on the
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.
not a proper Question Sir J. Friend Pray my Lord I beg your Lordship I beg that Favour Mr. Sol. Gen. The Answer to that Question is to accuse himself L. C. J. H. The Question is whether it be your Right or no to know that Sir J. Friend I desire to know that for I would not do any thing that might offend the Court in the least L. C. J. H. The Question is improper in it self and an improper time to move it Sir J. Friend I beseech your Lordship L. C. J. H. The Question I say is improper in it self and an improper time to move it I can't see you have a Right to ask it If Capt. Porter will answer it it must be voluntary Sir J. Friend As you are a Gentleman I desire to know Mr. Porter whether you are a Roman Catholick Mr. Porter I am not bound to accuse my self I am a Witness L. C. J. H. I told you the Question was improper you shall have Right done you But if he be a Roman Catholick he is a good Witness his Religion and being a Roman Catholick may subject him to several Penalties and make him liable to be prosecuted by several Acts of Parliament and no Man is to answer any Question that may indanger him coming under the Penalty of any Law or to accuse himself Sir J. Friend I do with Submission desire it it is no great Matter for him to say whether he be a Papist or a Protestant L. C. J. H. If so you need not ask it Sir J. Friend My Lord I beg your Lordship I beg it L. C. J. H. You have my Opinion and I think the Question is not to be answered L. C. J. Treby It is his Lordship's Pleasure that I do deliver my Opinion and it is that no Man is bound to answer a Question that tends to subject him to the Penalty of any Law If you ask him whether he be a Deer-stealer or a Vagabond or guilty of Petit-larcenary the Law will not force a Man to discover it against himself Now for the purpose whether he be a Popish Recusant if he were not trained up in that Religion it is to ask him to accuse himself of as great a Crime as you stand charged for But if it were only that he were a Roman Catholick there are very great Penalties and Forfeitures that he is liable to in his Estate and perhaps without his Confession can't otherwise be proved against him We must keep the Law even and steady between the Prisoner and the Witness By the Law he is not bound to discover Mr. Justice Nevill I am of Opinion his Confession that he is a Roman Catholick doth subject him to a Penalty and unless he doth voluntarily answer of himself he is not bound to make Answer and accuse himself Mr. Justice Rokesby I am of Opinion it is not a Question that can of Right be imposed upon him as necessary to be answered he may if he will answer it but he is under no Obligation for his Confession doth subject him to Crimes for which he may be prosecuted Cl. Cr. Swear Mr. Porter Mr. Sol. Gen. Mr. Porter do you know Sir John Friend Mr. Porter Yes Sir Mr. Sol. Gen. Do you give an Account to the Court what you know of him about the Invasion Mr. Porter About the latter end of May last or the beginning of June we had two Meetings one at the Old King's head in Leadenhall-street and one at Mrs. Montjoys there were present at it my Lord Ailesbury my Lord Montgomery Sir John Friend Sir William Parkins Mr. Chernock Sir John Fenwick my self and one Cook I don't know his Christian Name After Dinner Mr. Goodman came in At both these Meetings it was consulted and agreed to send Mr. Chernock over to France to invite the late King James to come over to England and to prevail with the French King to furnish him with 10000 Men viz. 8000 Foot 1000 Horse and 1000 Dragoons Mr. Chernock made this Reply I don't care to go on a foolish Message and therefore let me know what you promise to do Whereupon all of them did promise that every one would endeavour to come in to assist at the Invasion with a Body of 2000 Horse where-ever he would appoint That Meeting was upon a Monday We had two Meetings Mr. Sol. Gen. You say there were two Meetings pray how long afterwards was it before you had the second Meeting What was the second Meeting to confirm the first Mr. Porter Chernock did tell me he was to go in 2 or 3 Days after the second Meeting Mr. Sol. Gen. What was the Occasion of the second Meeting Mr. Porter Chernock did desire that we might meet that he might see if we were all agreed in our Resolution Mr. Sol. Gen. What do you know of a Commission for Sir John Friend to raise a Regiment of Horse Mr. Porter I know nothing of it but as I did hear from Peoples Talk I did hear him say he would be as ready as any Man when the time came but I did hear from Mr. Chernock and Sir William Parkins that he had a Commission Mr. Sol. Gen. But was the Prisoner at the Bar present at the second Meeting Mr. Porter He was at the second Meeting L. C. J. H. But what were their Names those who were present at the second Meeting Mr. Porter Mr. Porter I was at the second Meeting the Prisoner at the Bar was there I can't tell whether Montgomery or Goodman were there but the Prisoner at the Bar was there at both Meetings L. C. J. H. Pray remember and recollect your self Who was there at the first Meeting Mr. Porter Would you have me name them my Lord There was my Lord Aylsbury and my Lord Montgomery Sir John Friend Sir William Perkins Sir John Fenwick Mr. Charnock Mr. Cook and my self we Dined there and after Dinner Goodman came in Mr. Sol. Gen. Mr. Porter When saw you Charnock afterward Mr. Porter I never saw him 'till three or four Days after I was taken about the Riot and he told me he had been in France and that he had spoken with the Late King James who told him that the French King could not spare so many Men that year And that he had been with my Lord Aylsbury my Lord Montgomery Sir John Friend c. with that Message from the Late King so he told me Mr. Sol. Gen. Pray give an account what Meetings Sir John Friend hath been at last Winter Mr. Porter At the Nagg's-Head-Tavern in James's Street I was another time with Sir George Berclay and Sir John Friend I can't tell what Discourse they had for they whispered together there were no publick Discourses that I heard There were Sir George Berclay Sir William Perkins my self Mr. Ferguson and one Homes at the Naggs-Head in James's Street Mr. Attor Gen. Was there any body else there Mr. Porter Mr. Charnock came in after Dinner and one Harrison Mr. Attor Gen. What
Church of England If that be true all that can be gather'd from it is That a Papist engaging in so black a Design may be a very good Papist but I am sure you will all agree with me that he was a very bad Protestant But whether or no Papists may be Absolved by their Priests their false Swearing I can't tell that for I am not acquainted with their Religion it may be they may but I am sure the disservice they have done to the Popish Cause after they had Served it so long will be one of the last things they will ever Absolve them of Another thing he insists on is this He hath brought two or three Clergymen to Evidence for him that he was very cautious in talking Reflectingly against the Government and that he was not nor could not be in any Plot and 't is to be observed that at all times that That swims uppermost and is most frequent in all Discourses that a Man is most engaged in They say nothing introduced those Discourses but that at all times he frankly declared he was not in any Plot nor would not be one way or other as the way that Weak Men and Children discover their being ingaged in a thing is by their constantly discoursing upon it and declaring that they would not be concerned in it Another Particular he hath just offer'd at is a Point of Law but that dropped and he waved it He would have had it That no Roman Catholick could be allowed as an Evidence against a Protestant What weight there is in that Gentlemen I doubt not but the Court hath given you good Satisfaction in I would do the Prisoner right But I would have you consider That the Prisoner hath not only been Charged with a bare Conspiracy but that he was Ingaged in consulting an Invasion in order to drive out His present Majesty and Depose him from the Crown which is High-Treason by our Law which way soever it be done whether by a Stab or Shot or Levying War In the last place I would take Account of the Consultations held wherein he admits he was present at the two Meetings where both say he was present he only differs in one Point from the Witnesses He says Nothing was talked of at these Meetings but general and indifferent things but the Witnesses have Sworn what the Discourse was There is one thing more that is Mr. Bertram's Evidence not that we produce it against the Prisoner but to support what was Sworn by Capt. Blair And this is in order to satisfie the Court That there is nothing said against the Prisoner neither Maliciously nor out of any Envy for Capt. Blair did acquaint Mr. Bertram with the thing at least Two Years ago and confirmed it with this Circumstance That he was to be Capt. Blair's Lieutenant and Capt. Blair Swears the same thing There is Concurrence of Evidence against the Prisoner and great Levity in his Defence Therefore we leave it with you Then my Lord Chief Justice Holt Summed up the Evidence to the Effect following Gentlemen of the Jury Sir John Friend the Prisoner at the Bar is Accused for High-Treason and the Treason that is mentioned in the Indictment is Conspiring Compassing and Imagining the Death of the King To Prove this Conspiring and Compassing the King's Death there are two particular Overt-Acts mainly insisted upon The One The Agreeing to send Mr. Charnock into France to King James to perswade the French King to send over Forces to Assist them who were to furnish other Forces to raise War within this Kingdom in order to Depose the King The other Overt-Act Is having a Commission for Procuring and Levying Men to be ready in order to Join with the French upon their Invasion and this for the Restitution of King James and total Extirpation of King William These two as I told you are the two Overt-Acts that are mainly insisted upon and to Prove him Guilty of these there are two Witnesses One is Capt. Porter who spoke to the First The other is Capt. Blair who spoke to the Second Capt. Porter tells you about the latter end of May or beginning of June last he and Sir John Friend and others he mentioned were at the Kings-Head Tavern in Leaden-hall-Street and there they entred into Discourse about the Return of King James and did consider among themselves which was the most Effectual way and means to have him Restored Thereupon it was Agreed among them to send a Messenger to France to King James to desire him to sollicit the French King to furnish him with 10000 Men to be sent into England 8000 Foot 1000 Horse and 1000 Dragoons And that they did agree when these Forces were sent over that they would be ready to meet and Join them with 2000 Horse The Messenger they Agreed to send was with them at that very time and that was Mr. Charnock lately Tried and Executed This being determined Charnock makes ready to go on this Expedition but before he went it seems he had a desire to meet with the Company again for a further Discourse of this Matter and see whether or no they did Persevere in the Resolution they formerly took Thereupon there was another Meeting about a Week or Fourteen Days after I can't tell which and that was at Mrs. Montjoy's and there were Sir John Friend and Captain Porter and others of the same Company that were before at the King's-Head and there they entred into the Debate of this Matter the Question was Whether or no Charnock should be sent into France as was formerly determined and then it was determined that he should go and it seems Capt. Porter said he went in two or three Days afterward And Capt. Porter tells you further that Three Weeks or Five Weeks sometime afterward Mr. Charnock comes back and Capt. Porter was taken up upon the Riot and did not see him upon his first Return but afterwards he met with him and spoke to him and asked him What he had done and what were the Effects of his Negotiation He told him he had done as he was directed That he had been with King James and that King James had spoken to the French King but the Answer return'd was this That the French King for that Year had Occasion for his Forces to be otherwise employed and could not spare them that Year Capt. Porter ask'd him Whether he had been with the rest He told him he had acquainted them with the same thing The next Evidence is Capt. Blair to the other part of the Indictment which is for Raising of Men not Levying of them he having a Commission from King James for Ingaging of Men to be of his Regiment of which he was to be Colonel himself and to provide Officers Capt. Blair tells you Two or Three Years ago he was with Sir John Friend and Sir John did produce a Commission that he had from King James to be a Colonel of a Regiment of Horse