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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
friend_n	army_n	king_n	prince_n	764	5	5.4125	4	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

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

will be very material for me L. C. J. Treby Have you any thing to fill up the time with in the mean time Then William Courtney Appeared L. C. J. Holt. Is your Sollicitor Returned with this Habeas Corpus Friend I believe he is in or about the Court but I cannot get him to me the Crowd is so great After much ado Courtney came in L. C. J. Holt. Is this the Witness you wou'd have Friend Yes my Lord it is L. C. J. Holt. Then what do you say to him Friend My Lord must I ask him the Questions L. C. J. Holt. Yes you must propose your Questions to the Court and they will ask them of the Witnesses If this be the Person you speak of you had best examine him Friend Mr. Courtney I desire you would speak what you know of Capt. Blair Courtney Gentlemen I have been a Prisoner in the Gate-house about a Month and while I was there Capt. Blair at the same time came in as a Prisoner as mentioned in the Proclamation being my old Acquaintance I was in Bed being in upon some other accounts and when they told me Capt. Blair was brought in I desired him to come into my Chamber I told him I was sorry to see him there I told him I hoped he was none of those concerned in this Plot he said he was in the Proclamation but that he was Innocent and knew nothing of the Plot nor of the Assassination nor any thing like it there was several other persons in that place at the same time and he said he was as Innocent as the Child unborn Friend Did he mention any thing of me then Courtney At that time he said nothing of you Friend Pray Sir do you believe he is a Roman Catholick Courtney I do not know his Religion indeed Friend But don't you know him to be a Roman Catholick Courtney He bore the Character of one but I never saw him at any Church Mr. J. Rokeby Pray Sir how long have you known Capt. Blair Courtney By sight I have known him 6 or 7 Years Mr. J. Rokeby Pray upon what account did you call him Captain Courtney It was a common Name among all the Company he was called so L. Ch. Just Holt What all the time that you knew him Courtney Yes all the time that I knew him I knew no other Name that he had Friend But did not you hear that he was reputed to be a Roman Catholick Courtney Yes I have heard that Character of him among those that I have known but I have very little knowledge of his Religion L. Ch. Just. Holt Is this what you can say Courtney There are several others that were witnesses of this as well as I I never saw you Sir John Friend before in my Life to my knowledge nor ever spoke to you Friend Sir a Note was sent to me that you could do me some Service and that was the reason I sent for you I desire Mr. Carpenter Mr. King and Mr. Payne may be called L. Ch. Just Holt Have you done with this Man then Friend Do you know Captain Porter Sir Courtney Yes I do Sir Friend Sir do you know him to be a Roman Catholick Courtney Sir I have heard that he has such a Character L. Ch. Just Holt What Character has he Courtney That he is a Roman Catholick L. Ch. Just Holt That 's only by hear-say Friend My Lord I have done with this Man L. Ch. Just Holt If you have done with him then the Keeper may carry him back again Courtney Sir I have something else to say Friend My Lord he says he has something else to say L. Ch. Just Holt Then set him up again which was done Well Sir what is it you have more to say Courtney Two or three days after that time there was a Prisoner then in the Gate-house who was an Ensign in the Army was reading the Flying-Post in my Chamber and in that Flying-Post there was News that Captain Blair was making a great Discovery and that he had accused Sir John Friend for having receiv'd a Commission for a Regiment in which he was to be Lieutenant Colonel and said a great deal about that Regiment how he had receiv'd Subsistence Money for them from Sir John Friend A little after Capt. Blair came into the Room and asked me if I had got the News I told him yes and Captain Blair then askt what was the import of it I told him it was there that he was making a great Discovery and particularly that he was to be Lieutenant Colonel to Sir John Friend and had received Subsistence Money from Sir John Friend for the Men of the Regiment Captain Blair answered That they might put what they would in the News but he knew nothing of it nor did not receive any Money and this was a great surprize upon me and upon those others that heard him when we were told he was to be the main Evidence against Sir John Friend Friend Well Sir do you know any thing else Courtney Captain Blair was bemoaning himself afterwards that he went against his Conscience in this thing and his Wife told me that he was very much concerned because he was going to do this against his Conscience and she was sure it would break his Heart Friend Do you know any thing more Courtney And he told me in his Chamber upon Friday Night last about Nine a Clock I came to see him he lay upon his Bed very ill and his Wife was with him I asked him how he did and he clapt his Hands and said he was very ill Pray said I what ails you Sure you have gotten some very great Cold. Oh! no says he Life is sweet I don't know what it is I ail but were it not for Life I should never do what I do L. Ch. Just Holt Did he tell you he went against his Conscience Courtney His Wife and he spoke at first that he went against his Conscience and he believed his Conscience was in a miserable State and this I spoke innocently among some of the Prisoners and I did not know that it was taken notice of but it seems some Body has acquainted Sir John Friend and so I am brought here I know nothing of being a Witness I assure you Mr. J. Rokeby Pray who were present when this Discourse was between you and Blair you say there were two other Persons present when this Discourse was between you and Captain Blair and his Wife who were those two Persons Courtney What Discourse do you speak of my Lord L. Ch. Just. Holt You said there were two Persons in your Chamber Courtney Does your Lordship mean at the reading of the Flying-Post L. Ch. Just Holt Yes Courtney My Lord this Gentleman that I was speaking off was lying down upon the Bed and Captain Blair came into my Room just after the News was read and askt me if I had got the News I told him yes he askt what

Prison Captain Blair has upon his Oath declared that he did not go so far as to say he did any thing against his Conscience but only Courtney bid him take care what he swore and prest him no further He pretends he came casually into Blair's Chamber but it is plain he intruded into his Room for it is sworn by the Jaylor and Blair himself that he had given directions none should come into his Room but his Wife so that does not discountenance the evidence of Blair at all and if you do believe what our Witnesses have said Captain Porter and Captain Blair then Sir John Friend is guilty of all the Crimes that are charged upon him in this Indictment and I hope you 'll be so just to your Prince to your Country and to your Selves as to find him guilty accordingly Mr. Cowper If your Lordship pleases to spare me a word on the same side My Lord I do not trouble your Lordship out of an apprehension that there is any thing necessary to be said to the Court in this matter or for the satisfaction of the Jury but if possible that we might convince the Prisoner at the Bar that he has had no hard measure in this prosecution meeted to him but that he is proved guilty of the Crime of which he stands accused and that really there is no weight at all in the defence which he has made The first part of it goes to discredit one of our Evidences Captain Blair from some discourse that he would object to have pass'd between him and the person here produced in the Prison of the Gate-house And the first part of that discourse was upon Blair's first coming into the Prison and as to that time the objection amounts to no more than this that Captain Blair would not confess when he was pump'd by a fellow Prisoner that he was engaged in so horrid a design what weight there is in such an objection truly I cannot see but will leave it to any mans judgment to consider That a man when he is freshly taken upon such an occasion does not immediately confess his guilt to every body that meets him nay to persons that would not have lik'd him for making such a confession but perhaps would have destroyed him in Prison for so doing The other discourse was upon Friday the next day I think before Captain Blair went to Hick s-hall to his examination and then he intrudes himself into Blair's Chamber when he lay very ill upon the Bed and accosts him with a cup of Brandy in his hand and with good advice at the same time that he should take great care in what he should say at Hick's-hall and the like and then Captain Blair it seems did express some reluctancy in the thing he was going about as if it were against his mind and inclination If that were true tho Captain Blair denys it positively upon his Oath yet it was no more than I am willing to observe for the Prisoner Captain Blair did express here when he first came into Court and it is no more than what is natural since the Prisoner had been his friend and intimate and he was going to Depose that against him which was likely to prove fatal to him My Lord as to another part of his Defence it consists chiefly in this the Evidence brought to prove that the Kings Witnesses are reputed Roman Catholicks and that the Prisoner is a reputed Protestant of the Church of England If that be true too all that can be rationally and fairly collected from thence is this that they the Witnesses I mean when they engaged in such a black and execrable design might be very good Papists but I am sure it will be agreed that the Prisoner in so doing was a very bad Protestant My Lord he objects to their Evidence this likewise that if they be Papists they may be absolved by the Pope or their Priests tho they should swear falsely Possibly that may be so for ought I know I confess I am not very well acquainted with the principles of that Religion but this I dare say that every one who has heard what has been sworn by them will think it so great a disservice to the Popish Cause and Interest that it will be one of the last things their Priests will ever absolve them of My Lord there 's another matter the Prisoner has thought fit to insist upon he has brought two or three Clergy-men to Depose that whenever he discoursed with them it seems at all times he was talking about being in a Plot and very readily told his resolution not to be in any It seems it still swom uppermost his professions were made very causelessly for they all say nothing introduc'd 'em but of his own meer motion he was always declaring he was not then in a Plot nor ever would be I have heard that one way weak Men and Children often discover their knowledge of a secret intrusted to them is by a repeated and unnecessary declaring that they know nothing of the matter My Lord in the next place for his defence he just offered a point of Law but the Court so well satisfied him in that that I think he waved it He alleged that a bare Conspiracy to levy War is not Treason and the Court did him right in declaring as God forbid but they should that it is not Treason but I desire the Gentlemen of the Jury would consider that the Prisoner at the Bar is not accused barely of a Conspiracy to levy War but you are told to what end that war was to be levied to joyn the late King upon his descent into this Kingdom with a French power in order to drive his Majesty out of the Kingdom and depose him from the Crown which is a killing him in the eye of the Law and that is High Treason by whatever means they intended to effect it whether by War or a Stab or any other manner it is indifferent In the next place my Lord I would take notice of another part of this defence which had been better let alone wherein he admits that he was present at the 2 meetings he is accused to have been at by Porter but he only differs in one point that there was nothing talk'd then but general and indifferent discourse The Witnesses have sworn what the discourse was and you will weigh the one against the other his affirmation of a thing unlikely in defence of himself and what is deposed upon Oath by the Kings Witnesses to the contrary My Lord there is one thing more I would take notice of and that is the Evidence of Bertram which we do not produce as a direct Evidence against the Prisoner at the Bar but as a confirmation of what was sworn by Blair And it does shew that the matter sworn by Blair was not of late devised out of malice or otherwise to destroy the Prisoner for that Blair acquainted Bertram with and

every body and I cannot call to mind when I did see him last at Church L. C. J. H. Has he been there within this year or two Willis He has been gone from Hackney a year and above Mr. Mountague Pray can you say you have seen him at Church within these four years Willis Truly I cannot call to mind whether I have or no. Friend I desire Mr. Hemings may be called I could call a great many more but they are much to the same effect as these are L. C. J. H. Call whom you will Sir John if you think fit to call them we will hear them Friend Being they are not here I will not trouble you further It is all to the same purpose L. C. J. H. Well take your own course if you 'll call them the Court will be sure to hear them Friend But my Lord here is one thing that I must desire your Lordship's direction in If these Gentlemen my Lord Capt. Porter and Capt. Blair who are the two Witnesses and none but those two against me if they are Papists they are not good Witnesses against a Protestant to prove him a Traitor within the Stature of the 25th of Edward the Third For that Statute says He that is indicted must be proveably attainted which cannot be by the Evidence of Papists and those that refuse to take the Oaths of Obedience which are required to be taken And therefore I humbly beseech you that you will please to tender them the Oaths for there is a Statute in the 3d. Jac. I. Cap. 4. which appoints the tendering of the Oaths to them L. C. J. Holt. That is not our Business at this time Friend Then I must beg your Pardon that they are not substantial Witnesses for this is the Law as I am informed I humbly submit it to your Lordship whether this be not the Law I only speak it to know whether it be Convenient for me to rehearse it I ask'd the Question before they were sworn I Know not whether it be Convenient for me to move it now L. C. J. Holt. Aye aye it is very Convenient now now is the proper time Friend Before ever they were sworn I would have ask'd them the Question whether they were Papists or not but it was not allowed it was over-ruled Now my Lord there is such a Statute and I humbly beseech you to tender them the Oaths and that would be a demonstration that they were Papists and then they could be no good Witnesses L. C. J. Holt. You say well if we could find such a Statute that no Papist should be a Witness but there is no such Friend My Lord I beg your pardon and I hope you will not take it amiss I offer what I am advised to offer L. C. J. Holt. No no by no means there will be nothing taken amiss Friend For the Statute of the 25th of Edward III. and that of the 30th of King Charles II. and that of the 3d. of King James I. Cap. 4th here it is plainly demonstrable that Papists are not to be believed against any Protestant who is with them esteemed a Damnable Heretick and then they believe the Pope and their Priests can absolve them from all Oaths and they are declared to be given to Evasions and Equivocations and mental Reservations and can have Dispensations for all their Villanies and therefore they are not to be Credited their Evidence is of no value unless they will in this manner upon their Oaths renounce these Principles therefore I humby beg they may have the Oaths tendred them L. C. J. Holt. That is not our Business now Friend And my Lord your Lordship was pleased to promise me that if any Matter of Law did arise my Counsel should be heard L. C. J. Holt. First let us know whether there be any such Law as this you mention or to any such purpose Friend My Lord I desire my Counsel may come in and speak to it For my Life is in danger and so is every honest Gentleman's Life every day I am as clear as the Child unborn I have no Witnesses to prove any thing and therefore I desire my Counsel may be heard L. C. J. Holt. If the Court did think there were any Colour in this Objection that you make we would let you have Counsel we would do it nay we are desirous to do it if we could Friend What my Lord L. C. J. Holt. To allow you Counsel if there were any Colour in the Objection in relation to Papists not being Witnesses I would be glad to see the Counsel that would own this Objection but indeed I see no Colour in it the Statute shall be produced that you quote and then we shall see whether there be any thing like it in that Statute Pray will you read those Words that you say are in the Statute to that purpose Friend I am not so expert to know the Words before or after and therefore I think it is requisite I should have Counsel L. C. J. Holt. It is supposed you have had Council and I suppose your Counsel that have advised you to make this Objection have instructed you whereabouts in the Statute it is Friend My Lord I desire my Council may be called in and heard to it L. C. J. Holt. I tell you that by Law we cannot hear Counsel to any such Matter that has no colour of Objection in Law in it tho' for my part I wish we could because I would fain hear what any Counsel can say to make out such an Objection that Papists are not good Witnesses Friend My Lord I wish you would hear my Counsel to it L. C. J. Holt. Look ye Sir John Friend you have desired that this Statute may be turned to and you desire to have them read and they shall be all read from the beginning to the end Friend I desire the Statutes of the 25th of Edw. 3. the 3d of K. James the 1st Cap. 4. and the 30th of K. Charles the Second may be read L. C. J. Holt. What Chapter is that of the 30th of King Car. the 2d Friend Really it is not put down in my Paper L. C. J. Holt. Then look out the Chapter while he is reading the other Look ye Gentlemen of the Jury Sir John Friend does desire the Statute of the 25th of Edw. 3. may be read which is the Statute about Treasons and the Statute upon which he is Indicted and it shall be read therefore pray hearken to it Reads it Cl. of Ar. This is made in the 25th year of King Edw. the 3d. A Declaration which Offences shall be judged Treason Item Whereas divers Opinions have been before this time in what Case Treasons shall be laid and what not Friend My Lord I beg the favour I may speak one word before it go on to be read J. C. J. Holt. Yes with all my heart Friend I speak it my Lord because it will be to the very thing now in

question I am advised that Consultation to Levy War is no Treason without Rebellion and Insurrection and inviting Men to come from beyond Sea is no Treason unless a Foreign Prince be Invited to come with his own Subjects for English Scotch and Irish are not Enemies but Rebbels and to be dealt with otherwise therefore I leave it to your Lordships for I am no Lawyer only I am advised to insist upon these things Then the Statute of the 25th of Edw. 3. about Treasons was read throughout only about the middle the Prisoner made some interruption Friend I believe this Statute is not the Statute I go upon that which I mainly insist upon is the Statute of the third of King James the First Cap. 4. Mr. J. Rokeby This is the same Statute you are Indicted upon the great Statute for Treasons and as to your Objection you last mentioned what is Treason and what is not he is not yet come to that part Friend Well then let him go on with it It was read to the end L. C. J. Holt. Now it has been read is this the Statute you wou'd have Friend There must needs be a mistake as to the Chapter it is set down the 25th of Edw. the Third but there is no Chapter L. C. J. Holt. Yes this must be the Statute it relates to Treasons and it has those words in it that what you read out of your Papers relate to Well that we may go on in order of time what Statute of King James is it that you mention Friend It is the 3d of King James 1. Cap. 4. it is upon account of tendring the Oaths appointed to be taken by that Statute and reading out of a Paper to tell the Court that they ought to have the Oaths tendred them L. C. J. Holt. That is the business of another time read the Statute Cl. of Ar. An Act for the Discovering and Repressing of Popish Recusants what part is it Friend Truly my Lord I can't tell L. C. J. Holt. It is a long Statute but if he 'll have it read it must be read all Friend My Lord I would not give the Court any trouble but it is about having the Oaths tendred to them Cl. of Ar. I believe this is the Paragraph and for the better trial how his Majesty's Subjects stand affected in point of their Loyalty and due Obedience c. A great part of the Statute was read relating to that Matter L. C. J. Holt. What else would you have read Sir John Friend Friend I only gather from thence that no Roman Catholick is capable of Swearing against a Protestant because the Pope and the Priests can absolve them from their Oaths L. C. J. Holt. Well what have you more to say Friend My Lord I only speak this as to Roman Catholicks they do not regard an Oath against a Protestant because they have their Priests that can absolve them and therefore how such a Man's Oath can weigh any thing I cannot apprehend therefore if I have omitted any thing I hope your Lordship will supply it as you are my Council for you are a Council for me as well as the King L. C. J. Holt. Yes yes I wou'd help you in any thing I could Friend My Lord I thank you I desire you to help me for I am as innocent as the Child unborn whatsoever these Men have Sworn these are hard things that are laid upon a Gentleman and no Man is safe at this rate they being Sworn by two Papists who will Swear any thing against Protestants L. C. J. Holt. Look ye Sir John Friend have you any Witnesses to produce that these two Men have any displeasure or malice against you that they should accuse you falsly Friend My Lord I am sorry I have not my Witnesses I have been so kept up that I had not time for People to come to me I had not my Council come to me before Saturday L. C. J. Holt. How hapened that Friend My Lord there was a mistake in that I think it was Friday either Friday or Saturday I had them not 'till Friday in the Afternoon I was kept so close that none were permitted to come at me On Thursday I had an Order but there was a mistake in the Order and I desired to get another Order but I could not get any body to get another Order for me to have my Friends to go and enquire into things or else I should have found out enough Witnesses Mr. Attor Gen I am sure he had an Order for Council at the same time that notice was given him of his Tryal L. C. J. Holt When was that Mr. Attor Gen. On Tuesday my Lord. L. C. J. Holt. What say you to it Mr. Baker Mr. Baker My Lord I did attend Sir John Friend on Tuesday last to give him notice of his Trial as this day and I at the same time told him if he would name his Council to me I would procure an Order for them to come to him The next Morning he was pleased to name to me Sir Bartholow Shower I took the liberty to tell him that he being so concerned at the House of Lords and at the Committees about Parliamentary business some other Persons that had named him of their Council notwithstanding Orders were procured for him to go to them as their Council yet by that means they were disappointed of him and great delay was given to the Prisoners and therefore I desired him to consider of it and to send to Sir Bartholomew Shower and any other Council that he had a mind to and know their pleasures whether they would attend him and if he would send me word I would procure an Order for them But not hearing from him I went on Wednesday to him again and he said he had sent to Mr. Northy but he would not come to him 'till he had spoke with Sir Bartholomew Shower but he would send me word that Night yet he did not But the next day came Mr. Burleigh to me to the Duke of Shrewsbury's Office and brought me the Names of the Persons that he would have assigned him of Council and immediately I procured an Order for it and away he went with it This was upon the Thursday Mr. Welden and Mr. Cresset or one of them was named in the Order I am not possitive which and Mr. Vnderhill and Mr. Burleigh were to be admitted to him Mr. Burleigh had the Order if he did not carry it to him I can't help that L. C. J. Holt. When was that Order for the Council Mr. Barker It was upon Thursday my Lord. Friend My Lord may I speak L. C. J. Holt. Yes yes what you will Friend My Lord the Reason why I had not my Witnesses was this There was a Gentleman one Colonel Cash Lieutenant to my Lord Lucas he undertook to go and put in his Name and three more one John Neale and one Philips to have an Order to go about to