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.
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
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
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
was with him and he was clasping his Hands Groaning and Mourning in a miserable condition and I thought giving up the Ghost He was in so miserable a condition because the Prison was very cold and no Air. I asked if he would drink a Glass of Brandy He told me no. I understand said I that you are going to Morrow to Hicks's Hall to Witness against Sir John Friend O says he Pray God direct us all Life is Sweet Says his Wife he would never do it but to save his Life he goes against his Conscience and so said he Said I you have the Character of an honest Gentleman ever since I knew you have a care you do not wrong your Conscience O says he that is the only thing the only thing or to that purpose and shew'd all the Remorse in the World I speak this Innocently and with a great deal of Pity This hath been communicated to one and another and so I am sent for Mr. Att. Gen. Do you hear what he says Mr. Blair Mr. Soll. Gen. You have heard what he says L. C. J. H. What do you say You have heard what Mr. Courtney says on Friday Night last in relation to your going to Hicks's Hall the next day Mr. Blair This Gentleman crouded himself upon me he had a Cup of Brandy in his Hand God knows I desir'd no Company My Lord. Says he Captain Blair I have heard you have been a very honest Gentleman all along and hear you are going to Hicks's Hall to Morrow pray God Almighty direct you and that is all I have to say to you I was very Sick but for any thing of Remorse of Conscience as I hope for Salvation I never exprest it to him nor any body else L. C. J. H. Did your Wife say you went against your Conscience Mr. Blair No. Mr. Att. Gen. Did that Gentleman thrust himself into your Company or did you desire him to come in Mr. Blair No he thrust himself upon me Mr. Courtney There was a Sink and the Door half open I heard him Moan and Lament Mr. Blair Keeper said I now I beg of you that no body might come to me but my Wife Mr. Att. Gen. Swear the Keeper which was done Did Blair desire any body should come in but his Wife Keeper No body but his Wife unless they Thrust themselves upon him Mr. Att. Gen. Do you know of his coming to him Keeper No. Mr. Blair I always desired the Maid to lock the Door on the inside that no body might come in but my Wife and my Wife told me the other Day lying on my Bed Do not speak for Christ Jesus sake for they come to Trapan you My Wife came in when this Gentleman came to me for Christ Jesus sake dear Blair said she do not speak one word for you do not know but it may be a Trapan Mr. Courtney If I may have leave to say it on the word of an Honest Man she said no such thing But your Wife told me you went against your Conscience Mr. Att. Gen. What was you taken up for Mr. Courtney I was five times taken up and at last Committed for Words Mr. Att. Gen. Where do you live Mr. Courtney In Southampton Buildings Mr. Blair I never heard or thought of any such thing as this Mr. Courtney Truly Blair I speak in compassion to you pitying your Soul Mr. Att. Gen. What Country Man is Blair Mr. Courtney An Irish man born Mr. Att. Gen. Have you any Estate in England How came you to go to Blair Mr. Courtney I have known him a long time I have been several times with him at the Coffee-House I cant say I am intimately acquainted with him he was never my Bottle Friend Mr. Att. Gen. How came you to go to him for he never ordered any body but his Wife to come to him Mr. Courtney They may say what they please he could never go to the necessary House but through my Chamber Mr. Att. Gen. You say nothing to the purpose Mr. Courtney This of Boles reading the News and his saying he knew nothing of the Plot was Boxed about and so I am sent for As for coming to his Chamber I think it no ill thing to visit a man when Sick L. C. J. H. Blair Did you say you never knew any thing of a Plot Mr. Blair Yes I told him I knew nothing of an Assassination or Invasion by way of Discourse But I was not to express my self among such People as they were to give any hints to such as they were Women and others of things I had given an Account of to the King and Council L. C. J. H. Have you any more Witnesses Sir J. Friend I have I desire Mr. King may be called L. C. J. H. What Questions do you ask him For what must he be called Sir J. Friend I desire to know of him whether Mr. Porter is a Papist L. C. J. H. What say you Mr. King Mr. King I am of Opinion that Mr. Porter is a Papist and was always taken for a Papist and never for a Protestant L. C. J. H. And Sir J. Friend What do you take him for Mr. King I take him for a Papist and no Protestant nor ever was Sir J. Friend Did you ever hear me use any Reflections against the Government Mr. King When any Reflecting words were started in Discourse he desired them to forbear and said he I dont like any such words I have been acquainted with him these 20 Years he Married a Relation of my Wives Husband Sir J. Friend You mean her former Husband Mr. King Her former Husband Thomas Cole L. C. J. H. Have you any more to say Mr. King I have heard him say if he had not taken the Oaths to King James which were binding upon his Conscience he would as freely take the Oaths to the present Government as any Man in England But said he I will live peaceably under the Government tho because I dont take the Oaths I am double Taxed Sir J. Friend I desire Captain Cane may be called Mr. Cane I would know whether Captain Porter or Blair be Roman Catholicks or if you know what I am Mr. Cane They were so reported to be at Epsom and I have been acquainted with Sir J. Friend several Years We have been concerned together in the Traind-bands in the Tower Hamlets and have been in Company with him several times and I never heard him give any Reflecting Language against the present Government in my Life and when any Reflecting Language hath been against the Government he would say forbear talking Sir J. Friend I cant well hear him L. C. J. H. He says he takes Porter to be a Papist he was so reputed at Epsom and says he has known you a great while and never heard you Reflect against the present Government since the King came in Sir J. Friend Pray my Lord ask him whether he Beleives me to be a Protestant Mr. Cane I
procured for them and by that Reason a great deal of Time was lost Then I went to Sir John Friend again last Wednesday not hearing of him and I asked him Why he had not named his Counsel He told me Counsellor Northy would not come till he had spoken with Sir Bartholomew Shower The next Day came Burleigh to me and brought me the Name of the Person he would have I immediately procured an Order and went away with it I take it to be Mr. Welding and he desired that Burleigh and Underhall might come to him he had an Order the same Minute he spoke for it L. C. J. H. When was it Mr. Baker On Thursday Where is Burleigh Sir J. Friend I desired they would put into it Lieutennant Colonel Tatton and Cash but they put in neither of these Men but took up my Kinsmam Cash and put him into a Messengers Hand L. C. J. H. Sir John Friend If you had any Witness and had not been as fully prepared for your Defence as you could be you should have moved for your Tryal to have been put off till another Day But now I say Have you any reason to offer that these Witnesses have any Malice against you Sir J. Friend My Lord I am no Lawyer I have not the Liberty of Counsel and it is a hard thing for a Man to suffer at this rate for these are things out of my reach I am disappointed in every thing L. C. J. H. Have you any more to say Sir J. Friend No my Lord I have no more to say Then Mr. Sollicitor General spoke to the Court and the Jury to the Effect following I am of Counsel in this Cause for the King against the Prisoner at the Bar and it is my turn to Sum up the Evidence The Prisoner cant say but he hath had a very fair Tryal and has no Reason to complain for all the rest of it shall be alike He and you may very well remember that Persons of the same Quality in former times have not had that fair Dealing and though all things are very well now yet Time was when it was not so When Innocency was not a Safety for a Man when not his Life much less his Laws and Liberties were secure to him Time was when the Protestant Religion and the Church of England of which the Prisoner at the Bar Sir John Friend says he is and boasts himself to be and with very good Reason the best Time was I say When that Religion was in Danger and when that Popery for which he reflects on the Witnesses now was like to Over-run us And had not his Majesty with the Hazard of his Life and great Expence Rescued us no body doubts but that all in a very few Years would have been made good upon us now And it is a very melancholy Thing to consider That there should be a sort of People among us now so in love with Popery and Slavery as to have a Mind to bring it about again And it is a very ungrateful Thing that when his Majesty with danger of his Life then and several times since hath endeavoured to defend us there should be a Party of Men among us who should endeavour to invade his Country and fall on his Subjects in his Absence in order to Subvert his Government I will not accuse particularly the Prisoner at the Bar to have had a Hand in the Assassination But very plain it is he knew of it This among others is a very ungrateful thing when another Person is engaged for my Defence I should contrive and design against his Life and be for invading of him If the Prisoner at the Bar be not Guilty of what he hath been accused nothing of this relates to him But if what hath been given in Evidence be true of the Prisoner at the Bar he is one of those Persons that hath done all that he can to subvert the Government and to effect the Invasion of the Country The First Evidence given in against him was by Mr. Porter and he gives in Evidence that at the King's Head in Leaden-hall-street there was a meeting of several Persons among which the Prisoner at the Bar was one and that in order to consider of the best means for the bringing back of the late K. James They concluded at last the best means would be to send some body over to France to Invite K. James hither and to intreat him to prevail with the French King to send over with him 1000 Horse a â—000 Dragoons and 8000 Foot and that he should make what hast he could to Land with them here and to Incourage so to do they promised their Assistance and that they did not doubt to meet him with 2000 Horse The person pitched on for this Errand was one Charnock lately executed for High Treason But upon this proposition Charnock was very diffident whether this was the effect of a sober consideration or not and therefore would not undertake it till he had satisfaction that they still continued of the same mind And therefore another Meeting was proposed and agreed upon of the same persons and that was to be at Mrs. Montjoy's Tavern There they all met again and the Question being put Whether they were of the same Opinion or not they did declare themselves all to be of the same Opinion that Mr. Charnock should go to France on the Message agreed on at the Kings Head and make as sudden a Return back as he could to give them an Answer Captain Porter tells you that Charnock brought word that the French King could not then spare them that Force that they desired Hereupon it was put off and their design was deferred till last Winter and then it was likely to take place very lately The next is Cap. Blair and he tells you 2 years ago Sr. John Friend shewed him a Commission that he had received from the late K. James to raise a Regiment of Horse of which he himself was to be Colonel He tells you it was Signed by K. James at the top and Countersigned by Melford at the bottom and that he had a great many consultations with him and considerations about raising this Regiment and that he was to be Lieutenant Colonel and was to provide as many Officers as he could and that he did provide several Officers particularly Captain Fisher Captain Vernatti one Cole one Bertram and he was to be a Lieutenant in one of the Troops A great deal of the Evidence he gives against Sr. John Friend was out of his Own mouth and that is as strong an Evidence certainly as can be given He doth for that purpose tell you that One Evans was to be one of the Captains of his Troop that Colonel Sclater a man grown somewhat in Favour with Sr. John Friend Rival'd this Blair that Sr. John Friend told him he would have Two Lieutenant Colonels and this person should be one and that he took very Ill
and did Resent it to Sr. John Friend and therefore he told him he would make him a Captain of a Troop of Horse that should consist of Non-swearing Parsons He tells you likewise there were listed several Men but the particular Persons he could not remember But they were in the Papers he had given in to the Council Sir John Friend told him Mr. Richardson was to be another of his Captains of Horse and one Mr. Cole another Captain and to bring in several Men. He tells you he receiv'd from Sir John Friend some Summs of Money and that Sir John Friend having laid down 100 l. about the Escape of Parker out of the Tower for which was laid down 300 l. Sir John Friend was to be reimburs'd this 100 l. from St. Germans and that one Mr. Piggott had reâ—eiv'd it for Sir John Friend but refus'd to pay it to him and that Sir John Friend was contented he should have 20 l. out of that 100 l. provided he could get it of Mr. Piggott But Capt. Blair not having so much Interest himself as to get the Money of Mr. Piggott applies himself to one Mr. Harrison alias Johnson by which means he got that 20 l. He tells you afterward he was pressing on Sir John Friend to have another 20 l. Sir John was contented he should have it if he could get it of Mr. Piggott Capt. Blair produceth a Letter that Sir John Friend writ to him and excuseth himself That Mr. Blair had not heard from him but that he would meet him at such a time at such a Coffee-House in the Letter the Business of their Meeting was not express'd That he met accordingly and there was Mr. Harrison and Mr. Piggott and 5 l. of the Second 20 l. was paid this Second 20 l. was paid on Account of Charges Mr. Blair had been at in Drinking with the Listed Men to incourage them There was another Letter that Sir John said he writ to King James he shewed him this Letter at Mr. Piggott's Mother's House He told Sir John it was so very well Penn'd he suspected it was not Sir John Friend's Penning but Mr. Ferguson's He tells you That thereupon Sir John was very angry that he suspected him not to have penn'd that Letter This shew'd the Intelligence and that this Letter was upon the Inviting King James He tells you likewise That Sir John Fenwick told him that he had Four Troops ready for that Service and tells you also he was to be one to serve in this Regiment under Sir John Friend That Mr. Ferguson was to bring in a considerable Number of Men to him and all this was to be put in Practice when the Thoulon Fleet came about to join the Brest Fleet And likewise when he was with him in his Coach he said they must act very warily and be good Husbands and that it had cost him so much Money that if the Fleet did not come quickly he should want Money to carry on his Trade These are positive Witnesses against Sir John Friend as of his own Knowledge and most of it from his own Mouth Sir John Friend he tells you was a good Protestant and the two Witnesses Roman Catholicks but this is no Objection against their Evidence It was never known before but that a Roman Catholick may be a very honest Man and a good Witness though Sir John knows very well that they are not very good otherwise yet they may be allowed to be good Witnesses For those that were Witnesses against them that lately died were ingaged in the same Design with them which was to Assassinate the King and certainly if any thing could have taken off their Evidence it should have been that But that was so far from making them no Witnesses that it strengthned their Evidence For though a Roman Catholick may be a very honest Man otherwise it is more likely for him to ingage in such a Design than any other Man and Sir John Friend might not find enough of other Religions than that of the Roman Catholick for that Design and so it is plain he ingaged with those who were most likely to ingage in such a Design As to what Mr. Courtney tells you of Capt. Blair's Discourse with him in Prison he tells you that Discourse did not go so far as he pretends but Mr. Courtney grafts upon it Capt. Blair tells you he intruded into his Room when he had given Order That no one but his Wife should be permitted to come in You have heard the Evidence against the Prisoner and if you believe what our Witnesses have said Capt. Porter and Capt. Blair then certainly Sir John Friend is Guilty of all the Crimes charged in the Indictment And I hope you will be so Just to your Prince to your Country and to your Friends as to find him Guilty accordingly Mr. Cooper one of the King's Council spoke to the Court and the Jury to this Effect My Lord and you Gentlemen of the Jury I do not think there is any thing necessary to be said to the Court and I think hardly to the Jury But if possibly we may to convince the Prisoner at the Bar that he has not nor shall have any hard Measure but that he is Guilty of the Crimes whereof he stands accused in the Indictment And to shew you that there is no Weight in his Defence the First Part of his Defence is from some Discourse he would object against Capt. Blair in the Prison of the Gate-House One Part of that Discourse is upon his first coming into the Prison and then his Objection amounts to only this That Capt. Blair when pumpt by some of the Prisoners would not confess to them that he was ingaged in that horrid Design But how empty that Objection is I would leave to them who would judge whether a Man newly taken into Prison and in Company with Persons who would not have liked him nay may be have destroyed him in Prison for that very Confession of his were likely to own it Another Discourse was on Friday last the Day before he was to go to Hick's Hall and then this Person intruded himself into his Chamber when he had ordered that no Body should be permitted to be let in and he comes with a Cup of Brandy in his Hand and good Advice That he should have a Care what he did and then he said Capt. Blair did express some Reluctancy about the thing he was going upon the next Day If that were true but he denies it when going to depose a Truth against an old Friend and Companion it was no more than what he did when he first came into Court when he was going to depose a Truth That he told Sir John he was very loath to depose that against him which he was forced now to do Another Part of his Evidence is That he brings Witnesses to Prove the Evidence against him was by Roman Catholicks and he a very good Protestant of the
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