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B17220 The arraignment, tryal, and condemnation of Sir John Friend, knight for high treason in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His Sacred Majesty King William, and restoring the late king : at the sessions-house in the Old-Bayly, on Monday March 23, 1695/6 ... Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1695 (1695) Wing A3759; ESTC R18506 64,554 47

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Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at London in the Parish of St. Peter Cornhill in the Ward of Limestreet falsely maliciously devilishly and traiterously did compass imagine contrive purpose and intend our said Sovereign the Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and our said Sovereign Lord the King to Death and final Destruction to put and bring and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Overcome and Subdue to move incite procure and help and a miserable slaughter among the Faithful Subjects of him our said Sovereign Lord the King throughout this whole Kingdom of England to make and cause and that you the said Sir John Friend to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and assisting and the same your most impious wicked and devilish Treasons and traiterous compassings intentions and purposes aforesaid to fulfill perfect and bring to effect and in prosecution performance and execution of that traiterous adhesion you the said Sir John Freind as such a false Traytor during the War aforesaid to wit the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other days and times as well before as after there and elsewhere in London aforesaid falsly maliciously advisedly secretly and traiterously and with Force and Arms c. with one Robert Charnock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Sovereign Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entry into this Kingdom of England to join and unite Rebellion and War against him our said Lord the King within this Kingdom of England to make levy and wage him our said Lord the King so as aforesaid to Depose and him to Kill and Murder and moreover with the said false Traytors the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir John Friend and the same other Traytors unknown unto and into the Kingdom of France in parts beyond the Seas unto James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises unto the said late King James the Second and the said other Enemies and their Adherents to give and exhibit and them to inform of other particular things and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and the same to you the said Sir John Freind and the said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Lord the King that now is in the War aforesaid and to incite and procure those Enemies the more readily and boldly to Invade this Kingdom of England and the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir John Freind aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform you the said Sir John Freind during the War aforesaid so as aforesaid continued to wit the same first day of July in the abovesaid Seventh Year of the Reign of our said Lord the King that now is at London aforesaid in the Parish and Ward aforesaid falsly and traiterously did procure and obtain to your self and did receive and accept of a certain Commission or Writing purporting it self to be a Commission under and from the aforesaid James the Second late King of England to constitute you the said Sir John Freind to be a Collonel of Horse in the Army by you and the other false Traytors against our said Lord the King that now is within this Kingdom of England to be levied and formed and in pursuance of the said pretended Commission by you the said Sir John Freind so obtained and accepted of and your Treasons and all your Traiterous Intentions aforesaid the sooner to execute perform fulfil and perfect You the said Sir John Freind afterwards to wit the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously Advisedly Secretly and Traiterously Divers Soldiers and Armed Men and ready to be Armed with Force and Arms c. To Raise and List and War and Rebellion against our said Lord the King within this Kingdom of England to make and wage And to and with the said Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to invade this Kingdom of England at and upon their Invasion and Entry into this same Kingdom then shortly expected to be made Themselves together with You the said Sir John Freind to join and unite and in Troops and Legions to form did Raise List and Retain and did procure to be Raised Listed and Retained And divers Sums of Money in and about the Raising Listing and Retaining of the aforesaid Soldiers and Men Armed and ready to be Armed upon the Account aforesaid upon the aforesaid First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously and Traiterously Did give and pay and cause to be paid And those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and long after you had in readiness As also the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward
discoursed him about the principal matters of fact that are now sworn at least 2 years ago and besides his Evidence and the Evidence of Blair concur in this particular that he was to be Lieutenant in Blair's Troop My Lord such a concurrence of Evidence and other Circumstances in this matter greatly increase the weight of the proof against the Prisoner especially when there is nothing material alledged by him in his defence and therefore I shall trouble your Lordship no further L. C. J. Holt. Look ye Gentlemen of the Jury Sir John Friend the Prisoner at the Bar is Indicted for High Treason The Treason that is mentioned in the Indictment is Conspiring Compassing and Imagining the Death and Destruction of the King To prove the Conspiracy and design of the Kings death there are two principal Overt Acts that are mainly insisted upon The one is the consulting and agreeing with diverse others to send Mr. Charnock into France to King James to desire him to perswade the French King to send over forces here to assist them who were to furnish other forces for the raising of a War within this Kingdom in order to Depose the King and accordingly Mr. Charnock was sent upon that design The other Overt Act is the Prisoners having a Commission from the late King and preparing and directing men to be levied and to be ready to be in a Regiment of which Sir John Friend was by that Commission to be Collonel and this was also to assist in the Restitution of King James and in order thereunto in the Deposing and expulsion of King William These Gentlemen I tell you are the two Overt Acts that are principally insisted upon and to prove Sir John Friend Guilty of these there are two Witnesses that have been produced the one is Captain Porter who speaks to the first the other is Captain Blair who speaks to the second Captain Porter tells you that the latter end of May or the beginning of June last that he and Sir John Friend and others that he mentioned were at the Kings-head Tavern in Leadenhall-street and there they entered into a discourse about the Returning of the late K. James and they did consider among themselves which was the most effectual way and what were the most probable means to have him Restored and thereupon it was agreed among them that they would send a Messenger into France to him to desire him that he would sollicit the French King to furnish him with 10000 men to be sent into England 8000 Foot 1000 Horse and 1000 Dragoons and they did agree that when these forces were sent consisting of this number of men then they would be ready to meet and joyn them with 2000 Horse every one of them was to furnish his quota to which Sir John Friend did expressly agree The Messenger that they agreed to send was with them in company and heard the Consult which was Mr. Charnock who was lately Tryed and since Executed This being at that time determined Mr. Charnock intended to go upon the execution of that design and made ready for his Journey but before he went he had a desire to meet with the company again and have a further discourse upon this matter to see whether they did persevere in the resolution they had so taken There was another meeting about a week or a fortnight after which was at Mr. Montjoy s a Tavern in St. James's-street where met Sir John Friend Captain Porter and divers others of the Company that were before at the Kings Head And there they entered into a debate of the matter again the question there was whether Mr. Charnock should be sent into France as it was formerly agreed and there it was again determined he should go to which he agreed and Captain Porter says that he did go about 2 or 3 days after Mr. Porter tells you further that about the time that Mr. Charnock came back Mr. Porter was in Prison and he did not see him upon his first return but afterwards he met and spoke with him and askt him what was the effect of his Negotiation and Mr. Charnock told him that he had done as he was directed that he had been with King James and he had spoke to the French King but the answer returned was this that the French King had occasion for his Forces that year to be otherwise imployed and therefore he could not furnish such a number of men that year and Mr. Porter askt him whether he had been with the rest of the Gentlemen and acquainted them therewith and he said he had This is the substance of Mr. Porter's Evidence whereby you may perceive what the meetings were for what resolutions were there taken and what was the issue and effect of them The next Witness is Captain Blair and his Evidence goes to the other part that is to Sir John Friend s having a Commission from the late King James and engaging him and others to be in his Regiment whereof Sir John was to be Collonel and the providing of Officers And for that the Evidence stands thus Captain Blair tell ye that about two or three years ago he was with Sir John Friend at his Lodgings in Surrey-street and there he did produce a Commission that he had from King James to be Collonel of a Regiment of Horse he was to raise it himself and was to appoint and provide what Officers he thougt fit He says he read the Commission and it was signed at the top James Rex and countersigned at the bottom Melfort this he is positive in and further that Sir John Friend did promise that he should be Lieutenant Collonel of this Regiment and also desired that Captain Blair wou'd get as many men as he could and that there were other Officers that were appointed in that Regiment and particularly one Fisher was brought to Sir John Friend by Captain Blair to be his first Captain and one Collonel Slater who was much in favour with Sir John Friend was to have been another Lieutenant Collonel for said Sir John Friend I have a mind to him to be my Lieutenant Collonel and tho you are so too yet it is no matter if we have two in this Regiment at which Captain Blair took very great offence and exprest as much to Sir John Friend whereupon Sir John Friend told him it should not be so but said he would make another Provision for Mr. Slater that he should be a Captain of an Independant Troop that shall be composed of Non-swearing Parsons and that shall satisfy him And Sir John Freind did intrust Capt. Blair with the providing of Men and managing of them And Capt. Blair tells you he was at a great deal of charge and laid out diverse Summs to caress them and keep them together and wanting Money to proceed in that Affair he came to Sir J. Freind and made great Complaints that he wanted Money to carry on the Design by obliging the Men to keep
aforesaid Divers Horses and very many Arms Guns Carbines Pistols Swords and other Weapons Ammunition and Warlike Things and Military Instruments Falsly Maliciously Secretly and Traiterously You did Obtain Buy Gather and Procure and cause to be Bought Gathered Obtained and Procured and in Your Custody had and detained to that Intent to use the same in the said Invasion War and Rebellion against our said Sovereign Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Command of this Kingdom of England to Depose Cast Down and Deprive and Him to Kill and Murder and all the Treasons Intentions Contrivances and Purposes of You the said Sir John Freind as aforesaid to fulfil perfect and fully to bring to Effect Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity As also against the Form of the Statute in this Case made and provided What say'st thou Sir John Freind Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Freind Not Guilty my Lord. Cl. of Arr. Culpritt How wilt thou be Tryed Freind By God and my Country Cl. of Arr. God send thee good Deliverance Freind I don't know any thing of it I am as Innocent as the Child unborn The Warrant for the Habeas Corpus was Signed by the Lord Chief-Justice Holt and delivered to the Prisoner who sent it away to the Crown-Office by his Sollicitor to get the Writ sealed Freind My Lord I have something to move if your Lordship please to hear me and the rest of my Lords the Judges That if any matter of Law do arise upon my Trial I may be heard by my Councel that you may not destroy me without Law L. C. Just Holt. Look you Sir John Freind if any matter of Law do arise at your Trial and you will tell us what that matter of Law is and the Court see that it is a matter of Doubt we can and ought and no Question shall assign you Councel but that is time enough when such matter does arise Freind My Lord It is well known to your Lordship and all the Court that I am not a Lawyer but I hope as you are of Councel for the King as Judges of Law so you will be of Councel for me for I am not a Lawyer and cannot know whether any matter that arises be Law or no and therefore I humbly beseech your Lordship to be so just and kind as to tell me whether it be Law or not Law and I submit my self to your Lordship's direction L. C. Just Holt. Sir John Freind We are bound to tell you when any thing of that Nature appears before us and to let you have all the benefit of the Law that possibly you can have for we are obliged to be indifferent between the King and you Freind My Lord I don't question it I desire also I may have Pen Ink and Paper L. C. Just Holt. Yes yes by all means And he had them Cl. of Arr. Cryer Make Proclamation Cryer Oyez You good Men of the City of London summoned to appear here this Day to Try between our Sovereign Lord the King and the Prisoner that is at the Bar who have been called and made Default answer to your Names and save your Issues Then the Defaulters were call'd over Cl. of Arr. You the Prisoner at the Bar these Men that you shall hear call'd and personally appear are to pass between our Sovereign Lord the King and you upon Trial of your Life and Death If therefore you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn before they be sworn Cryer Call Thomas Clerk Freind Pray Sir How many may I challenge L. C. Just Holt. Look you Sir John you may challenge that is except against 35 without shewing any Cause If you don 't like them to be of the Jury you may refuse them and as many others as you have Cause to except against Freind My Lord I humbly beseech you that because perhaps I may mistake in numbring that I may have timely Notice before the 35 be excepted against or else it may occasion me a great deal of prejudice L. C. Just Holt. Sir The Clerk shall take care of that he shall inform you how Many you Challenge and you shall receive no prejudice of that kind or by any slip in point of Form Cl. of Ar. Cryer call Thomas Clark who appeared Fr. Pray Sir must not I see the Gentleman L. C. J. H. Yes yes by all means he was shewn to him Fr. You may Swear Mr. Clark I do not except against him I desire but Honest Gentlemen and I shall come off I warrant you I am as Innocent as the Child unborn L. C. J. H. Swear Mr. Clark Cl. of Ar. Hold him the Book which was done look upon the Prisoner you shall well and truly Try and true deliverance make between our Soveraign Lord the King and Prisoner at the Barr whom you shall have in Charge according to your Evidence So help you God Cl. of Ar. Nathan Green Fr. I except against him Cl. of Ar. Thomas Emms. Fr. I accept him for a Juryman I have nothing to object against him he was Sworn Cl. of Ar. Francis Byer Fr. Pray let me see him he was shewn to him I do except against him I Challenge him Cl. of Ar. Benjamin Dry. Fr. I except against him Cl. of Ar. James Demew Fr. I accept him I have nothing to say against him I would have him to be a Juryman Mr Demew My Lord I am not a Freeholder L. C. J. H. Sir John Do you Challenge him peremptorily or do you Challenge him for Cause Fr. My Lord I don't Challenge him at all I accept of him Mr. At. Gen. If he have no Freehold we that are for the King will except against him for I would not have any body that is a Freeholder serve upon the Jury Cl. of Ar. Henry Hunter Fr. Pray my Lord is this Gentleman that was called before laid aside He is not one that Challenge L. C. J. H. No no he is Challenged by the Kings Council as no Freeholder Fr. Then he is only set aside I suppose I speak it for this Reason I would not be mistaken in my number L. C. J. H. Care shall be taken of all that he is not to reckoned as one that you Challenged he is Challenged for want of Freehold by the King's Council Cl. of Ar. What say you to Mr. Hunter Fr. I accept of Mr Hunter let him be Swore which was done Cl. of Ar. John Cox Mr. Cox My Lord I have no Freehold in London Mr. At. Gen. Then let him be set aside Cl. of Ar. George Bodington Fr. I except against him Cl. of Ar. John Hedges Fr. I except against him Cl. of Ar. You Challenge him Sir do you Fr. Yes