Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	lewis_n	3,557	5	11.1220	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

I do appoint Samuel Heyrick and Isaac Cleve to Print the Tryal of Sir John Friend Kt. and that no other Person presume to Print the same Mar. 24. 1695 6. J. Holt. 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. And Perused by the Lord Chief Justice Holt and the King's Council who were present at the Tryal LONDON Printed for Samuel Heyrick at Grays-Inn-Gate in Holborn and Isaac Cleve at Serjeants Inn-Gate in Chancery-Lane 1696. Die Lunae Vicesimo tertio Martis 1695. Anno Regni Regis Gulielmi Tertii Octavo At the Sessions-House in the Old-Baily this Day came on the Trial of Sir JOHN FREIND Knight for High-Treason in Compassing and Imagining the Death and Destruction of His present Majesty King William upon an Indictment found by the Grand-Jury for the City of London upon the Sessions of Oyer and Terminer and Gaol-Delivery of Newgate on Saturday the 21st Instant Cl. of Arr. CRyer make Proclamation Cryer Oyez thrice All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex Adjourned over to this day Draw near and give your attendance for now they will proceed to the Pleas of the Crown for the said City and County and God save King William Cl. of Arr. Make proclamation again 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 to be at the Bar answer to your names as you shall be called every man at the first Call upon pain and peril that will fall thereon Then the Petty Jury were all called over and the Appearances of those that answered to the Call were recorded About Ten a Clock the Lord Chief Justice Holt the Lord Chief Justice Treby Mr. Justice Nevill and Mr. Justice Rokeby came into the Court and there being a great confluence of the Nobility and Gentry there present the Prisoner was ordered to be brought to the Bar which was done accordingly Cl of Arr. Sir John Freind Hold up thy Hand Freind My Lord I humbly move that I may have one William Courtney who is to be a principal Witness for me at my Trial and is now a Prisoner in the Gatehouse sent for L. C. Just Holt. Is he your Witness Sir John Freind Yes my Lord William Courtney is his name L. C. Just Holt. Sir John why did not you send and desire this before Freind My Lord I did not hear of him while last night and I humbly beseech your Lordship that you will please to let him be sent for The Judges consulted among themselves L. C. Just Holt. Look ye Sir John Freind I 'll tell you If you 'll appoint your Agent to come hither you shall have an Habeas Corpus ad testificandum But indeed you might have sent this morning and then the Writ might have been got ready Freind My Lord I did not know so much for it was last night before I understood that he was to be a Witness L. C. Just Holt. You might have sent last night or this morning and you should have had a Warrant for the Writ Freind I assure your Lordship I did not know so much L. C. Just Holt. Well Send your Agent or your Sollicitor and you shall have a Warrant for the Writ Freind I beseech your Lordship that he may be sent for and that the messenger may make haste L. C. Just Holt. Let your Sollicitor come to my Clerk and he shall have it Freind My Lord if you please to give a Rule of Court for it I suppose it may be done presently L. C. Just Holt. No no Sir John it must be by Writ the Keeper of the Gate-house else can't bring him Freind My Lord that will be a long time before it can be done I desire nothing but that I may have him here to give his Evidence for me L. C. Just Holt. It will be got ready presently I believe he will be here time enough for you to make use of his Testimony Freind But my Lord suppose he should not be here It would be a great hindrance to me and a greater injury in my Tryal L. C. Just Holt. No no Sir John you need not fear any thing of that nature we are not in such haste we will not spur you on But the Warrant shall be made and do you make what haste you can to get the Writ and your Witness brought The Lord Chief Justice gave order to Mr. Mason his Clerk to prepare a Warrant for an Habeas Corpus directed for the Keeper of the Gatehouse to bring William Courtney immediately hither to give evidence Cl. of Arr. Sir John Freind hold up thy hand which he did You stand Indicted in London by the name of Sir John Freind late of London Kt. for that whereas there had been for a long time and yet is an open and notoriously publick and most sharp and cruel War by Land and by Sea had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. All which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir John Freind a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and the true and due Obedience Fidelity and Allegiance which every Subject of our said Sovereign Lord the King that now is towards him our said Sovereign Lord the King should and of right ought to bear withdrawing and intending utterly to extinguish and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under our said Sovereign Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter and his Faithful Subjects and the Freemen of this

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

swears it positively therefore he should swear falsly But secondly Capt. Blair who was called for the Vindication of himself and his Testimony has upon his Oath declared to you that he did not say he knew not any thing of the Plot but did deny any Concern in or Knowledge of the Assassination Now this business for which Sir John Freind is tried is not for being a Party in the design'd Assassination but of a Design with force to Depose the King and restore King James Then as to the other matter that was upon Friday Night last Courtney the Witness says That he came to Capt. Blair's Chamber and took notice of his being to be a Witness at Hick's Hall the next day and said I pray God direct you and he says his Wife then present said it was against his Conscience and he seem'd to be in very great trouble about it and owned as much But 〈◊〉 Capt. Blair himself being examined upon his Oath does deny positively that either he or she said any such thing as that it was against his Conscience he says that Courtney got in to him on purpose to surprize him and he was aware of it and his Design being to keep himself free from all Company he gave directions to the Keeper as the Keeper himself swears to let no body come to him but his Wife and Mr. Courtney intruded himself upon him Besides Gentlemen you are to consider the Probability of that which Mr. Courtney saith when a man is to be a Witness the next day upon Bill of Indictment before a Grand Jury that he should be so indiscreet as to tell any Body he was going to swear against his Conscience is strange and very unaccountable You are therefore to consider of this whole Matter what Evidence Capt. Blair has given and the Import of it and the Weight and Credibility of that Evidence which is given against him Then Sir John Freind insists upon another Matter says he I am a Protestant and it is not likely that I that am a Protestant should conspire with Papists against Protestants and for that he has called eight Witnesses who tell you they have known him some twenty Years some more others ten and that they have frequently converst with him and never knew that he was ever Popishly affected and they have been frequently in his Company since the Revolution and they never knew that at any time he reflected upon the Government nay I think one said that once he did reprove a Man for talking undecently of the Government that he used constantly to go to Church 4 or 5 Years ago tho' there is no account of that since And particularly there is one Mr. Lufton that was his Chaplain and he tells you he was in his House and there he read the Common-Prayer in the Family since the Revolution and pray'd for the King and the late Queen and Sir John Freind was often present at the Prayers and particularly when he prayed for the present King and the late Queen but he says he himself has been gone thence Five years and has been little Conversant with him since There is another Witness tells you he has been in Sir John Freind 's Company divers times whom he believes to be a Protestant of the Church of England and hath had Discourse concerning the present Government and that Sir John Freind said that tho' he could not take the Oaths and thereby Conform to the Government yet he was resolved to live quietly under it and would not ingage in any manner of Plot for he that catch'd him in the Corn should put him in the Pound This is the Summ and Substance of the Evidence on both sides and you Gentlemen are to consider the Weight of this part of his Defence too whether it be a sufficient Answer to the Evidence given against him and has Weight enough to out-ballance what the Witnesses for the King have Sworn For altho' he was a Protestant yet it is plain he had no great Liking to the Government and therefore would not take the Oaths and tho' he was present at the Common-Prayer when the King and Queen were prayed for yet whether he joyned in those Prayers is very uncertain There are a great many who are not very well affected to the Present Government that come to Church and are present at the Publick Prayers but it may be a very great Doubt whether they joyn in their Prayers for the Present Government or no his Conscience that scruples the taking the Oaths might scruple that too But whether Sir John Freind 's being a Protestant and his Declaring he would never be in a Plot be a sufficient Proof that therefore he never was in one and that his former Discourse of that kind should Discredit these Witnesses that have Sworn he has been so much concerned in a Plot you are to consider and comparing the Weight and Nature of the Evidence on the one side and the other it must be left to your Determination Then there is another thing that he did insist upon and that is matter of Law The Statute of the 25º Ed. 3. was read which is the great Statute about Treasons and that does contain divers Species of Treason and Declares what shall be Treason One Treason is the Compassing and Imagining the Death of the King another is the Levying of War Now says he here is no War actually Levied and a bare Conspiracy or Design to Levy War does not come within this Law against Treason Now for that I must tell you if there be onely a Conspiracy to Levy War it is not Treason But if the Design and Conspiracy be either to Kill the King or to Depose him or Imprison or put any Force or Restraint upon him and the Way and Method of effecting of these is by Levying a War there the Consultation and the Conspiracy to Levy a War for that purpose is High-Treason tho' no War be Levied for such Consultation and Conspiracy is an Overt-Act proving the Compassing the Death of the King which is the first Treason mentioned in the Statute of the 25th of Ed. 3d. For the Words of that Statute are That if any Man shall Compass or Imagine the Death of the King Now because a Man Designs the Death Deposition or Destruction of the King and to that Design Agrees and Consults to Levy War that this should not be High-Treason if a War be not actually Levied is very strange Doctrine and the Contrary has always been held to be Law There may a War be Levied without any Design upon the King's Person or Endangering of it which if actually Levied is High-Treason but a bare Designing to Levy War without more will not be Treason As for Example * Rising with Force to pull down all Inclosures to expell Strangers to pull down Bawdy-Houses is Levying of War and Treason but a bare Purposing and Designing to raise such a Force for such a Purpose is not Treason

much as any Man as much as another I always believ'd him to be a Protestant of the Church of England as good as any Man alive he always went to Chureh L. C. J. Holt. What since the Revolution Hawkins I have not been so conversant with him since that because I went out of Town and liv'd out of Town but I believe there are those at Hackney that can give an account of that matter Friend I desire Major Mould may be call'd L. C. J. Holt. Then I suppose you have done with Mr. Hawkins Friend Yes And then Major Mould stood up L. C. J. Holt. Well what say you Sir Mould My Lord I have known Sir John Friend many years above these Twenty years and I always look'd upon him as a sincere and strict Protestant and I have often been in his company since the Revolution and I never heard him speak diminishingly of the Government I believe him to be as good a Protestant as any in England L. C. J. H. How As any in England That 's a great Character Friend Then I desire Dr. Hollingsworth may be called but he did not appear Friend Then my Lord I desire Mr. Lufton may be called L. C. J. H. There is Mr. Lufton what would you have with him Friend I desire he will give an account what he knows of me what Religion am of Lufton My Lord as to Sir John Friend I have known him this ten years he was pleased to Imploy me as a Chaplain in his House a considerable time both before and after the Revolution and after the Revolution we always used the Prayers according to the Church of England and we did always Pray for the present King and the late Queen Mary at which Sir John was many times present Mr. Att. Gen. How long is it since you left him Lufton About four or five years as I remember Then Sir John's Family lessened he was pleased to say to me Mr. Lufton I am going to Tunbridg and my Family lessens this is about five or six years ago and I shall have no occasion for you at present but if ever I make use of a Chaplain again I will make use of you this he was pleased to say L. C. J. H. How long is it do you say that you have left him Lufton About five years and as to any Objection of his being a Papist I have often discoursed with Sir John Friend about the Popish Religion and he has often spoken with Detestation of the Principles of the Papists Friend What have you heard me speak of the French and about any thing of an Invasion how I would venture my life for the Protestant Religion or any thing of that Lufton I have often heard you say as to the present Government that tho you could not Comply with it yet you would live peaceably under it When we have been talking of these things you said you never would be in a Plot and tho you could not Comply with the present Government yet you would never concern your self in any Design against it For my part my Lord I know nothing by him but that he is an Honest and a Worthy Gentleman tho he be so unfortunate to be under this Accusation Friend I desire Mr. Hoateley may be called who appeared L. C. J. H. Well what say you Sir Friend Pray Mr. Hoateley will you give an account to the Court what you know of my being a Protestant and of my Life and Conversation Hoateley I believe Sir John Friend is a very settled Protestant of the Church of England and I have reason to believe so because I have frequently discoursed with him because I have had a Couple of Children that were his Nephews upon whose account I have been forced several times to wait upon him and he has often said he never would be in any Plot and his words that he used to me were really very Remarkable Catch me in the Corn and put me in the Pound L. C. J. H. What were his words Sir Hoateley He used to say he would never be in any Plot for says he Catch me in the Corn and put me in the Pound and I have heard him express himself with a great deal of Detestation of King-Killing and those Principles of the Papists the Assassinating of any Crowned Head Mr. Att. Gen. Pray Sir How came you to discourse with Sir John Friend about King-Killing and Plots You are a School-Master it seems how hapned this sort of discourse between you Hoateley There will be discourses about these things sometimes Mr. Att. Gen. But pray how was the discourse Introduced What was the occasion of the discourse Sure there was some occasion extraordinary for him so to express himself to you Hoately I cannot remember the particular occasion but such discourse there was Mr. Att. Gen. Pray how long ago is this time that this discourse was Hoately I believe it was five or six times within these two years Mr. Att. Gen. What have you had the same discourse five or six times one after another Hoately I cannot say that but those used to be his words Mr. Att. Gen. What in common discourse Hoately He said he would never be in any Plot. Friend My Lord I can bring a great many more Witnesses of this kind and I believe I could have a thousand to prove me a Protestant L. C. J. H. Call whom you will Sir John we will hear them Friend My Lord I am very loth to trouble you M. Just Rookeby No it will not be reckon'd any trouble we will hear all your Evidence Friend There is one Mr. Willis and one Mr. Hemings but I desire it may not be forgotten as to the Acts of Parliament for they are very material for me as I shall shew by and by Mr. Willis appeared L. C. J. H Well what say you to this Gentleman Friend Mr. Willis I desire you 'd give an account to their Lordships what you think of me as to my being a Protestant and how I have behaved my self in every respect all along Willis My Lord I have always taken it for granted that those that come to Church are Protestants and I did always take Sir John Friend to be a Protestant The acquaintance that I had with him was since he lived in the Parish of Hackney and we have had some converse together and there have past friendly Visits between us and I do not remember any discourse while I was there that tended to the Government one way or another I was never very often with him but his discourse was always very obliging discreet and prudent whenever I was there L C. J. H. Pray Sir when did you see him at Church Willis Truly my Lord I cannot call to mind when it was L. C. J. H. Cannot you name any time Willis He may be at Church sometimes and I not see him our Seats are at a distance from one another and there are Pillars between that one can't see