THE TRYAL AND CONDEMNATION OF Sir Iohn Friend Knight FOR Conspiring to Raise REBELLION IN THESE KINGDOMS In Order to A French Invasion Who upon full Evidence was found Guilty of HIGH-TREASON AT THE Sessions-House in the Old Bayly March 23 th 1695 6. LONDON Printed for Brabazon Aylmer at the Three Pigeons over against the Royal Exchange in Cornhil MDCXCVI THE TRYAL OF Sir John Friend K nt On Monday the 23 th of March 1695 6 At the Sessions-House in the Old Bayly Proclamation for Silence and Attendance upon the Sessions being made as usual The Court proceeded to call the Jury Impannell'd and to the Tryal of the Prisoner Clerk of the Crown SET Sir John Friend to the Bar. Sir John Friend Hold up your hand Sir J. Friend My Lord Mr. William Courtney is my Principal Witness and is now in the Gate-House and I humbly move Your Lordship he may be sent for L. C. J. H. Is he your Witness What is his Christian Name Why did you not desire this before Sir J. Friend My Lord I did not hear of him till last Night and I humbly beseech Your Lordship that You would be pleas'd to let him be sent for L. C. J. H. I will tell you what you shall have If you will appoint your Agent to come he shall have an Habeas Corpus ad testificandum and he shall be sent for You might have sent to Me this Morning and he might have been sent for Sir J. Friend I did not know it till last Night L. C. J. H. You shall have a Habeas Corpus ad testificandum make what hast you can you shall have a Habeas Corpus Sir J. Friend My Lord be pleased to give a Rule of Court L. C. J. H. That can't be it must be a Habeas Corpus ad testificandum Sir J. Friend It will be a long time before he can come and I desire nothing but L. C. J. H. It shall be ready presently Sir J. Friend If it may be It will be a great Prejudice to me if he be not here L. C. J. H. I believe it will be time enough Sir J. Friend Supposing it should not be it will be a great prejudice to me L. C. J. H. We are not in such haste we don't spur you on Sir J. Friend I beg Your Lordships Pardon I am not L. C. J. H. Officer Make a Writ of Habeas Corpus ad testificandum What is his Name James Courtney Sir J. Friend William Courtney L. C. J. H. Give him his Christian Name Sir J. Friend William Courtney My Lord. L. C. J. H. Let him go with it to the Crown-Office immediately and bring the Writ Sealed and I will Sign it Cl. of the Cr. Sir John Friend Hold up thy Hand You stand Indicted by the Name of Sir John Friend Knight The INDICTMENT London ss THE Jurors c. Present That whereas an Open Notorious Publick and Cruel War for a great Time hath been and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King against the most Serene Illustrious and Excellent Prince our Lord WILLIAM the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Sovereign Lord the King and His Subjects One John Friend late of London Knight a Subject of this Kingdom of England well knowing the Premisses not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene and Excellent Prince WILLIAM the Third now King of England c. his Supream True Natural and Vndoubted Lord the Cordial Love and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear and of right ought to bear withdrawing and intending to extinguish and minding and with all his strength designing and endeavouring the Government of this Kingdom of England under Him of Right Duely and Happily Established altogether to Subvert Change and Alter and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall in an intolerable and miserable Servitude to the French King on the First of July in the Seventh Year of the Reign of our said Sovereign Lord the King and divers other Dayes and Times as well before as afterwards at London in the Parish of St. Peters Cornhill c. Falsly Maliciously Devilishly and Traiterously did Compass Imagine Contrive and Intend our said Sovereign Lord the King that now is then his Supream True Natural and Lawful Lord of and from His Kingly State Title Honour Power Crown Imperial and Government of this Kingdom of England to Depose and altogether Deprive and our said Lord the King to death and final destruction to bring and to move stir up procure and Aid the said Lewis the French King by Armies Souldiers and his Subjects to invade fight with overcome and subdue this Kingdom of England and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King throughout His whole Kingdom And he the said John Friend to the said Enemies of our said Sovereign Lord the King then and there during the War aforesaid was Traiterously Adhering and Aiding And to the same most Wicked and Devilish Treasons and Traiterous Compassings Intentions and Purposes aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of that Traiterous Adhesion he the said John Friend as such a false Traitor during the War aforesaid to wit on the said First day of July in the Year aforesaid at London in the Parish and Ward aforesaid and divers other Dayes and Times as well before as afterwards there and elsewhere in London aforesaid Falsly Maliciously Advisedly and Traiterously and with Force and Arms with one Robert Charnock lately Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Sovereign Lord the King and with divers other false Traytors to the Jurors aforesaid unknown did Meet Propose Consult Consent and Agree to Procure from the said Lewis the French King of his Subjects Forces and Souldiers then and yet Enemies of our said Sovereign Lord the King great numbers of Souldiers and Armed Men to Invade this Kingdom of England and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Companies against our said Sovereign Lord the King to be raised and formed and with those Enemies to and upon such Invasion and Ingress into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of England to make levy and carry on to depose our said Sovereign Lord the King and Him to Kill and Murder And further with those said false Traytors on the
said First of July in the Year aforesaid at London in the Parish and Ward aforesaid Traiterously did Consult Consent and Agree to send the said Robert Charnock as a Messenger from him the said John Friend and the said other Traytors to the Jurors unknown to and into the Kingdom of France in Parts beyond the Seas to James the Second late King of England to Propose to him and Desire him to obtain of the said French King the Souldiers and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such their Traiterous Intentions and Adhesion and all other the Premisses and to inform them of all other particular Matters and Circumstances referring thereunto And also to receive Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses and to signifie report and declare the same to the said John Friend and the said other Traytors in this Kingdom of England for their Assistance Incouragement and Aid of the said Enemies of our said Sovereign Lord the King in the War aforesaid And to stir up and procure those Enemies the more readily and boldly to Invade this Kingdom of England the said Treasons and Traiterous Intentions Imaginations and Purposes of the said John Friend to perfect and bring to pass And the more easily to execute carry on and perform all the Premisses he the said John Friend during the War aforesaid so as aforesaid continued to wit on the First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly and Traiterously did procure and obtain and received and had a Commission or Writing purporting a Commission under and from the said James the Second late King of England to Constitute him the said John Friend to be a Colonel of Horse in the Army to be levyed and formed within this Kingdom of England by him and other false Traytors against our said Sovereign Lord the King And in Prosecution of the said Pretended Commission by him the said John Friend so obtained and accepted and the said Treasons and all the Traiterous Intentions aforesaid the sooner to be executed performed and fulfilled he the said John Friend afterwards to wit the said First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly Maliciously Advisedly Privately and Traiterously divers Soldiers and Men Armed and ready to be Armed with Force and Arms to Rise and Fight and War and Rebellion against our said Sovereign Lord the King within this Kingdom of England to make and carry on and to and with the said Enemies of our said Sovereign Lord the King Foreigners and Strangers Subjects and Souldiers of the said Lewis the French King Invading this Kingdom of England to and upon their Invasion and Entry into this Kingdom of England then shortly to be expected and together with him the said John Friend to be joyned and united and in Troops and Companies to be formed did Levy List and Retain and caused to be Levyed Listed and Retained and divers sums of Money in and about the Levying Listing and Retaining the said Soldiers and Men Armed and ready to be Armed for the Purposes aforesaid on the said First of July in the Seventh Year aforesaid at London aforesaid Falsly Maliciously and Traiterously did give and pay and cause to be paid and those Soldiers and Men the Traiterous Intentions and Purposes aforesaid â—hen and long after had in readiness And also on the said First of July in the Year aforesaid at London aforesaid divers Horses and very many Arms Blunderbusses Muskets Pistols Swords and Rapiers and other Warlike things and Instruments Falsly Maliciously Secretly and Traiterously he did buy gather together and procure and caused to be bought gathered together obtained and procured and in his Custody had and retained with Intentions to use the same in the â—aid Invasion War and Rebellion against our said Soveraign Lord the King to depose throw down and deprive our said Sovereign Lord the King of and from his Kingly State Crown and Throne of this Kingdom of England and Him to Kill and Murder And all the other Traiterous Intentions and Purposes of him the said Sir John Friend to fulfil perfect and fully to bring to effect against the Duty of his Allegiance against the Peace c. And against the form of the Statute 〈◊〉 such case made and provided c. How say you Sir John Friend Art thou Guilty of the High Treason whereof thou standâ— Indicted or not Guilty Sir J. Friend Not Guilty Cl. of the Cr. How wilt Thou be Try'd Sir J. Friend By God and the Countrey Cl. of the Cr. God send you a good Deliverance Sir J. Friend Amen I do not question it Then the Clerk of the Crown began to call over the Jury Sir J. Friend My Lord I have some thing to move if Your Lordship please My Lord If any matter of Law doth arise I humbly move that I may be heard by Counsel that I may not be destroyed without Law L. C. J. H. If any matter of Law doth arise on the Tryal and you tell us what that Matter of Law is if the Court sees it a Matter of doubt the Court can assign you Counsel Sir J. Friend My Lord I am no Lawyer I hope as Your Lordship is of Counsel for the King so you will please to be so for me for I am no Lawyer and know not whether it be matter of Law or not so I beseech Your Lordship to tell me if it be Law or not Law L. C. J. H. We are bound to tell you so and to be Indifferent between the King and the Prisoner and to let you have all the Benefit of the Law possible and will do so Sir J. Friend I do not Question it my Lord. Cl. of the Cr. Cryer Make Proclamation Cryer Oyes Oyes Oyes You Jury-Men c. Cl. of the Cr. Sir John Friend Hold up thy hand You the Prisoner at the Bar Those Men that you shall hear called and personally appear are to pass between Our Sovereign Lord the King and you upon Tryal of your Life and Death If therefore you will Challenge them or either of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn Sir J. Friend My Lord How many may I Challenge L. C. J. H. You may Challenge that is Except against Thirty Five without shewing any Cause If you have good Cause against any more you may refuse them Sir J. Friend It may be my Lord I may mistake I desire of your Lordship that I may have timely notice of the Five and Thirty L. C. J. H. You shall know it Then the Jury were Sworn whose Names were as followeth Thomas Clerke Thomas Emms. Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long.
not a proper Question Sir J. Friend Pray my Lord I beg your Lordship I beg that Favour Mr. Sol. Gen. The Answer to that Question is to accuse himself L. C. J. H. The Question is whether it be your Right or no to know that Sir J. Friend I desire to know that for I would not do any thing that might offend the Court in the least L. C. J. H. The Question is improper in it self and an improper time to move it Sir J. Friend I beseech your Lordship L. C. J. H. The Question I say is improper in it self and an improper time to move it I can't see you have a Right to ask it If Capt. Porter will answer it it must be voluntary Sir J. Friend As you are a Gentleman I desire to know Mr. Porter whether you are a Roman Catholick Mr. Porter I am not bound to accuse my self I am a Witness L. C. J. H. I told you the Question was improper you shall have Right done you But if he be a Roman Catholick he is a good Witness his Religion and being a Roman Catholick may subject him to several Penalties and make him liable to be prosecuted by several Acts of Parliament and no Man is to answer any Question that may indanger him coming under the Penalty of any Law or to accuse himself Sir J. Friend I do with Submission desire it it is no great Matter for him to say whether he be a Papist or a Protestant L. C. J. H. If so you need not ask it Sir J. Friend My Lord I beg your Lordship I beg it L. C. J. H. You have my Opinion and I think the Question is not to be answered L. C. J. Treby It is his Lordship's Pleasure that I do deliver my Opinion and it is that no Man is bound to answer a Question that tends to subject him to the Penalty of any Law If you ask him whether he be a Deer-stealer or a Vagabond or guilty of Petit-larcenary the Law will not force a Man to discover it against himself Now for the purpose whether he be a Popish Recusant if he were not trained up in that Religion it is to ask him to accuse himself of as great a Crime as you stand charged for But if it were only that he were a Roman Catholick there are very great Penalties and Forfeitures that he is liable to in his Estate and perhaps without his Confession can't otherwise be proved against him We must keep the Law even and steady between the Prisoner and the Witness By the Law he is not bound to discover Mr. Justice Nevill I am of Opinion his Confession that he is a Roman Catholick doth subject him to a Penalty and unless he doth voluntarily answer of himself he is not bound to make Answer and accuse himself Mr. Justice Rokesby I am of Opinion it is not a Question that can of Right be imposed upon him as necessary to be answered he may if he will answer it but he is under no Obligation for his Confession doth subject him to Crimes for which he may be prosecuted Cl. Cr. Swear Mr. Porter Mr. Sol. Gen. Mr. Porter do you know Sir John Friend Mr. Porter Yes Sir Mr. Sol. Gen. Do you give an Account to the Court what you know of him about the Invasion Mr. Porter About the latter end of May last or the beginning of June we had two Meetings one at the Old King's head in Leadenhall-street and one at Mrs. Montjoys there were present at it my Lord Ailesbury my Lord Montgomery Sir John Friend Sir William Parkins Mr. Chernock Sir John Fenwick my self and one Cook I don't know his Christian Name After Dinner Mr. Goodman came in At both these Meetings it was consulted and agreed to send Mr. Chernock over to France to invite the late King James to come over to England and to prevail with the French King to furnish him with 10000 Men viz. 8000 Foot 1000 Horse and 1000 Dragoons Mr. Chernock made this Reply I don't care to go on a foolish Message and therefore let me know what you promise to do Whereupon all of them did promise that every one would endeavour to come in to assist at the Invasion with a Body of 2000 Horse where-ever he would appoint That Meeting was upon a Monday We had two Meetings Mr. Sol. Gen. You say there were two Meetings pray how long afterwards was it before you had the second Meeting What was the second Meeting to confirm the first Mr. Porter Chernock did tell me he was to go in 2 or 3 Days after the second Meeting Mr. Sol. Gen. What was the Occasion of the second Meeting Mr. Porter Chernock did desire that we might meet that he might see if we were all agreed in our Resolution Mr. Sol. Gen. What do you know of a Commission for Sir John Friend to raise a Regiment of Horse Mr. Porter I know nothing of it but as I did hear from Peoples Talk I did hear him say he would be as ready as any Man when the time came but I did hear from Mr. Chernock and Sir William Parkins that he had a Commission Mr. Sol. Gen. But was the Prisoner at the Bar present at the second Meeting Mr. Porter He was at the second Meeting L. C. J. H. But what were their Names those who were present at the second Meeting Mr. Porter Mr. Porter I was at the second Meeting the Prisoner at the Bar was there I can't tell whether Montgomery or Goodman were there but the Prisoner at the Bar was there at both Meetings L. C. J. H. Pray remember and recollect your self Who was there at the first Meeting Mr. Porter Would you have me name them my Lord There was my Lord Aylsbury and my Lord Montgomery Sir John Friend Sir William Perkins Sir John Fenwick Mr. Charnock Mr. Cook and my self we Dined there and after Dinner Goodman came in Mr. Sol. Gen. Mr. Porter When saw you Charnock afterward Mr. Porter I never saw him 'till three or four Days after I was taken about the Riot and he told me he had been in France and that he had spoken with the Late King James who told him that the French King could not spare so many Men that year And that he had been with my Lord Aylsbury my Lord Montgomery Sir John Friend c. with that Message from the Late King so he told me Mr. Sol. Gen. Pray give an account what Meetings Sir John Friend hath been at last Winter Mr. Porter At the Nagg's-Head-Tavern in James's Street I was another time with Sir George Berclay and Sir John Friend I can't tell what Discourse they had for they whispered together there were no publick Discourses that I heard There were Sir George Berclay Sir William Perkins my self Mr. Ferguson and one Homes at the Naggs-Head in James's Street Mr. Attor Gen. Was there any body else there Mr. Porter Mr. Charnock came in after Dinner and one Harrison Mr. Attor Gen. What
H. Do you hear me Are all Papists not good VVitnesses to prove a Man a Traytor by 25 Edw. 3. Who says so Sir J. Friend I appeal to the 25th of Edw. 3. L. C. J. H. It can't be Sir J. Friend Is there not such a Statute L. C. J. H. There is no such thing Sir J. Friend Read the 30th of King James I. Chap. 4.30 Car. II. and other Statutes Papists or reputed Papists are not to be believed against Protestants who are by them believed to be damnable Hereticks L. C. J. H. There is no such thing Where is your Statute Sir J. Friend My Lord the first Witness that I sent for from the Gatehouse is not yet come if your Lordship will please to stay Pray Sir it is very Material L. C. J. H. Will you call any Witnesses in the mean time or any thing else Then Mr. Courtney was brought into the Court by the Keeper of the Gate-house L. C. J. H. Call William Courtney Is this the Witness you would have Sir John Friend Sir J. Friend My Lord may I ask one Question L. C. J. H. Yes ask what Questions you will Sir J. Friend Mr. Courtney I desire you to speak what you know of Captain Blair Mr. Courtney I do know this Gentleman I have been a Prisoner in the Gate-house above a Month Captain Blair at the same time came in there or a Man mention'd in the Proclamation and knowing I was an old Acquaintance of his came to me and when I was told Captain Blair was come to see me I desir'd him to come down to me and when I saw him I told him I hoped he was not in the Proclamation He told me he was but that he was innocent and knew nothing of the Plot nor Privy to any thing like it And several others in the Place can say that Captain Blair said he knew nothing of a Plot but that he was as innocent as a Child Unborn Sir J. Friend What did he say of me Mr. Courtney I know now nothing of that Sir J. Friend Do you know any thing of his being a Roman Catholick Mr. Courtney I know nothing of that Sir John he bore the Character of one I never saw him at Church Mr. Just Rokeby How long have you known Captain Blair Mr. Courtney I have known him these six or seven Years Mr. Just Rokeby How know you him to be a Captain Mr. Courtney I know nothing of that He was call'd by the name of Captain Blair all the time I knew him I know no other Sir J. Friend Did you not hear he was a Roman Catholick Mr. Courtney I heard that Character of him I never saw him at any Church there are several Witnesses of this Sir John as well as I. Sir J. Friend Sir you are a Stranger to me but a Note was sent to me to desire that his Lordship would please to send for you for that you might do me some Service Call Mr. Carpenter Do you know any thing of Mr. Blair Mr. Carpenter Mr. Carpenter No Sir I don't know him Sir J. Friend Do you know him to be a Roman Catholick Mr. Carpenter I have heard of him to have such a Character I know nothing of his Religion only as I have heard some say L. C. J. H. Mr. Courtney go to the Keeper let him carry you back to the Gate-house As Courtney was going out he whisper'd to one and said he could say something else Then the Person that heard him say so told Sir John Friend that Mr. Courtney had something more to say in his behalf Sir J. Friend My Lord Mr. Courtney says he has something else to say L. C. J. H. I pray let him speak Sir J. Friend Let that Gentleman come up Mr. King he hath something else to say Mr. Courtney Two or three days after that time a Gentleman and an Ensign in the Army Mr. Boley were reading the Flying Post in Prison and in that Flying Post it was said that Captain Blair was making a Discovery that he was Lieutenant Col. to Sir John Friend and that he received a great deal of Subsistence Mony In the mean time Blair came in and said What have you got the News Yes said I the Report is That you have made a Discovery of a Conspiracy against the King Blair answer'd They might put what they pleased into the News Paper but that he knew nothing of Sir John Friend and he had received none of the Mony This was a Surprize upon me when he spake for he was bemoaning his Conscience and his Wife told me he was very much concerned that he should go against his Conscience and said she was sure it would break her Heart L. C. J. H. Did he tell you so Mr. Courtney He told me so on Friday Night as he was lying on his Back very ill I ask'd him how he did He clasp'd his Hands and told me very Ill very Ill. What said I have you got a Cold O! No said he Life is Sweet and if it were not for Life I should not do what I do L. C. J. H. Did he tell you he went against his Conscience Mr. Courtney His Wife and he both told me so I knew nothing of my being Summoned here to day Mr. Just Rokeby Who were the Persons that were present You say there were two Persons present with you and you heard his Wife say so L. C. J. H. You say two Persons were by when you and he and his Wife were reading the Flying Post Mr. Courtney I was walking up and down the Room and Blair came in and ask'd what was the News Said I the News says you make a great Discovery against Sir John Friend and that you have received a great deal of his Regiments Subsistence Mony but he said he knew nothing of it L. C. J. H. Who were there Mr. Courtney The Ensign now a Prisoner who I suppose can â—ay the same Mr. Just Rokeby Let Blair be brought in Mr. Sheriff Make way for the Witness that he may come in and not be crowded to Death stand down Mr. Courtney Mr. Att. Gen. My Lord let Mr. Courtney repeat before Mr. Blair what he said of him Mr. Courtney I told my Lord that in my Chamber one Ensign Bole a Prisoner in the Gatehouse hearing the Flying Post cry'd about ordered it to be brought in to him in the mean time Blare came in I asked him if he had got the News He asked me what News I said there is in the News-paper that you are making a Discovery and that you were to be Lieutenant to Sir John Friend You replied they may put what they please into the Flying Post but said you I know nothing of the Matter L. C. J. H. How long ago was this Mr. Courtney This was when the News-paper came out on Friday last L. C. J. H. But did he talk of going against his Conscience Mr. Courtney On Friday Night I came to see Blair and his Wife
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
he had no Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your Knowledge and so you say all Omnes Yes Then the Court Adjourned till Seven a Clock the next Morning the 24 th Instant The next Day at Seven a Clock the Court being met a Messenger came from Sir John Friend to the Court desiring that he might be heard a Word or two in Arrest of Judgment Cl. Cr. Set Sir John Friend to the Bar. Silence Sir J. Friend I beseech your Lordship that you will give me Leave to move in Arrest of Judgment because I am not Convicted of Treason Mr. Porter says That I with others sent in May last to King James to obtain Men from the French King And Mr. Blair says that I had a Commission from King James to be a Colonel of Horse but this is no Levying of War and therefore I am Convicted but by one Witness L. C. J. H. Sir John you were not Indicted for Levying War but for Compassing the Death of the King And as for your Commission to raise Men you gave Money to Blair your Lieutenant-Colonel to give to the Men that were to be of your Regiment Sir J. Friend I thank God I am as innocent as a Child unborn of Assassinating the King L. C. J. H. The Overt-Acts for dethroning the King are Overt-Acts for Compassing and Imagining his Death Sir J. Friend I desire your Lordship to hear my Counsel L. C. J. H. We can't enter into Examination of that Matter now You had Yesterday a long Trial. Sir J. Friend I desire I may have Counsel for the satisfaction of the World L. C. J. H. No Counsel that understand what a Counsel should do can say any thing for you in this Case Tho' it be no Treason barely to conspire to Levy War yet it is Treason to conspire to levy War to dethrone the King Sir J. Friend I desire that I may have the Liberty of Friends to come to me to take care of my Soul that little time that I have to live L. C. J. H. Yes by all means Then the Court proceeded to the Trial of Sir William Perkins And after the Jury had brought in their Verdict against him they adjourned till Five-a-Clock that Evening About Six of the Clock the Lord Mayor Mr. Common Serjeant and a sufficient Number of the Justices returned into Court and Proclamation being made for Attendance the Prisoner was brought to the Bar. Cl. Cr. Sir John Friend Hold up thy Hand Thou standest convicted of High Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to the Law Sir J. Friend I have said all already Cl. Cr. All manner of Persons are commanded to keep silence while Judgment is giving upon pain of Imprisonment Note The Sentence was pronounced against Sir William Parkins at the same time Mr. Common Serj. You the Prisoners at the Bar Sir John Friend and Sir William Parkins have been indicted for High Treason in conspiring the Death of the King for Trial thereof you have put your selves on your Country which Country have found you guilty The Crimes you are convicted of are the greatest a Man can commit Murder and Robbery are Injuries but to private Persons but to contrive the Destruction of the King is letting in Ruin upon Thousands of People For Robbery and Murder there may be something pleaded for Justification as for private Revenge c. But to set conspire and debate the Destruction of a Prince the best of Men the Father of his Country no Man had ever any Colour of Excuse for that I would not add to your Unhappiness I am sorry for the severe Judgment that you have brought upon your selves All that remains for me to do is to pronounce on you the Sentence And the Court doth award THat You and each of You be carried to the Place from whence you came and from thence be drawn on a Hurdle to the Place of Execution and be there severally Hanged but cut down while you are alive that your Privy Members be cut off that your Bowels be taken out and burnt before your Faces that your Heads be sever'd from your Bodies and your Bodies be divided into four Quarters and your Quarters to be at the King's Dispose And the Lord have Mercy on your Souls Then the Court Adjourned to the 22 d. Day of April FINIS
down in my Papers Mr. Attor Gen. Can't you tell what time it was last Summer or Winter Mr. Blair It was about the last of May or June Mr. Soll. Gen. That was the first 20 Pound when was the last 20 Pound paid Mr. Blair The last 20 Pound was paid when I was Sick after Michaelmas Mr. Attor Gen. Who was by when the last 20 Pound was paid Mr. Blair Mr. Piggot paid me five Pounds I had it at several Payments at Jonathan's Coffee-House five Pounds of it the last of the twenty Pound the other at two or three Payments besides Mr. Attor Gen. Do you know any thing of Sir John Friend's receiving a Letter from the Late King James Mr. Blair Yes he told me he had Mr. Attor Gen. When was it Mr. Blair Truly Sir I can't tell you that Mr. Attor Gen. Was it within twelve Months past Mr. Blair Yes I believe it was Sir J. Friend I can't hear half what he says Mr. Blair Sir John You told me you receiv'd a Letter from the Late K. James Sir J. Friend My Lord I can't hear what he says Mr. Attor Gen. Had you at any time any Discourse with Sir John Friend about Colonel Sclater Mr. Blair Yes he told me Sclater was to bring in ten Horses and that he designed to make him Lieutenant Colonel He said he would have two Lieutenant Colonels in his Regiment and when I was not satisfied with that Sir John Friend told me that he should be Captain of a Troop of Non-swearing Parsons for he believed he should have a Troop of them and they should be Independent L. C. J. H. Who was to Command that Troop Mr. Blair Colonel Sclater was to Command that Troop Mr. Sol. Gen. You say Sclater was to Command a Troop of Non-swearing Parsons You say Sir J. Friend and you met at Jonathan's Coffee-House Mr. Blair Yes Sir several times I met him there Mr. Sol. Gen. What Discourse had you there Mr. Blair I called him aside to speak to him and it was when Mr. Fisher was there L. C. J. H. Turn your Face that way Mr. Blair I called him out and desired to speak with him a little before the Horrid Conspiracy broke out and told him what I heard from Fisher about the Discovery and Harrison the Priest and he told me they had heard of it and were afraid it would ruine King James in his Affairs Mr. Attor Gen. What was that Conspiracy Mr. Blair This last Horrid Assassination Mr. Attor Gen. Was it the Conspiracy against the King's Life and seizing the King Was it before it broke out that he told you so Mr. Blair Yes Sir before it broke out and very shortly before it broke out Mr. Attor Gen. You say you met Sir John Friend and he took you into his Coach Mr. Blair Yes he took me in his Coach to St. Martins le Grand and said He would do nothing till the Thoulon Fleet met the Brest Fleet and by that time says he we shall be all taken up and you may skulk about the Town better than I You must be a very good Husband of your Money for Money will be very scarce What do you think will mount you said he I can't tell said I that is according as I am mounted I will mount said he but few indigent Officers That was the most material that past at that time Mr. Attor Gen. What was you to do when you were to skulk about Mr. Blair There is the Letter from Sir John Friend for the last 20 Pound Mr. Attor Gen. Is that his own Hand Mr. Blair I think so Mr. Attor Gen. What have you heard Sir Joh. Friend speak about Sir Joh. Fenwick Mr. Blair I have heard him say He believed he should command the Regiment he was engaged in and that Sir John Fenwick had Four Troops of Horse in a readiness Mr. Attor Gen. For what purpose were these Four Troops to be in a readiness Mr. Blair For the Descent Mr. Attor Gen. Is that Sir John Friend's Hand Mr. Blair I suppose so Sir Mr. Attor Gen. Have you seen him write Mr. Blair Yes Sir I think it is a little like it Jury-man Ask him if he saw him write the Letter L. C. J. H. Did you see him write it Mr. Blair No. L. C. J. H. He doth not say so Mr. Attor Gen. Did he ever afterward tell you that he had writ such a Letter Mr. Blair Yes Sir L. C. J. H. Read the Letter Then the Letter was read which was to this purpose Mr. Blair Tuesday Morning Sir You may much wonder you have not received an Answer of yours before I have been afflicted with the Gout in my Hands and Feet that I have not been able to put Pen to Paper I thank God I am now something better I hope to be in London on Thursday next about Twelve at Jonathan's Coffee-House if the Weather don't prevent me if not I shall not come till Monday morning I desire you to meet me at that Hour for it is not convenient to write a Jot more for some Reason I can give you I am your affectionate Friend John Friend Mr. Attor Gen. Did Sir John meet you at that time Mr. Blair Yes Sir Mr. Attor Gen. How did that Letter come to your Hand Mr. Blair I believe there came one with it when I was a-bed to the Door of my Lodgings my Wife brought it up to me and I do not know of any other way Mr. Attor Gen. Did Sir John Friend afterward meet with you at Jonathan's Coffee-House Mr. Blair He did not speak a Word of the Business Mr. Attor Gen. But did he meet with you Mr. Blair Yes Sir and accordingly I had the Order for 20 Pound Mr. Attorn Gen. Do you remember you Dined with Sir John Friend near the Exchange in January last Mr. Blair Yes I think I did Mr. Attor Gen. Pray what Discourse pass'd between you and him then Who were then at Dinner besides Sir John Friend and you Mr. Blair That I must refer to my Papers Mr. Att. Gen. If you can remember what discourse past between Sir John Friend and you Mr. Blair It is down in my Papers I am sure it is Mr. Att. Gen. Do you know Capt. Ridley Was he with you any time when the Prisoner was there L. C. J. H. Silence in the Court It is a strange thing Pray Gentlemen keep silence Sir J. Friend I can't hear one word L. C. J. H. He speaks of a Letter that you sent to him that bears Date on some Tuesday that you would be in Town and meet him some Thursday following at Twelve a Clock Did you hear that And he me met you accordingly and there was order taken for the last 20 l. that was paid him Did you hear that Sir J. Friend No my Lord. L. C. J. H. Go on You say you met at the Coffee-House What was done between you and him Mr. Blair Nothing but the Order L. C. J. H.
Who did he give the Order to Mr. Att. Gen. VVas Harrison there then Mr. Blair Yes He came before I came away L. C. J. H. And did Sir John Friend give you the Order Mr. Blair Yes Mr. Att. Gen. VVhat was the Order Mr. Blair To pay that Money Mr. Att. Gen. How much was the Money Mr. Blair Twenty Pounds Mr. Att. Gen. And was it paid afterward Mr. Blair Yes Sir all paid Mr. Att. Gen. VVho paid it Mr. Blair Mr. Piggott came in afterward and paid me 5 l. before Sir John L. C. J. H. VVas this the first 20 l. or the last Mr. Blair No the last L. C. J. H. VVhat was this Money paid to you for Mr. Blair I believe to support Men to go on about the Business L. C. J. H. You believe so Mr Blair Yes I am sure it was so L. C. J. H. Did you ever demand any Money before Mr. Blair Yes my Lord. L. C. J. H. For what Mr. Blair I demanded it for Drink for the Men I was to bring in to cherish them and keep them together Mr. Just Rokeby To what purpose was you to drink with them and cherish them bring them into the Regiment Mr. Soll. Gen. Had Sir John Friend any occasion to pay you any Money upon any other account but that 100 l. Mr. Blair Not that I know of Mr. Soll. Gen. You don't understand the Question Had you any other dealing with Sir John Friend but concerning the Regiment upon the account of which Sir John owed you any Money Mr. Blair No never in my life Mr. Att. Gen. Do you remember any Meeting between Sir John and you when Capt. Ridley was present Mr. Blair Yes I remember it was at a Chopp-House Mr. Att. Gen. VVhat Discourse had you then Mr. Blair He said Mr. Att. Gen. VVho said Mr. Blair Ridley That there was a Gentleman lately gon over to France about ten days before and that he was a very sensible Man and a Roman Catholick about sixty Years old what he was I can't tell naming no Man Mr. Att. Gen. VVhat did he go for Mr. Blair He said he believed he went to receive the last Orders Mr. Att. Gen. VVhat did Sir John Friend say on that Mr. Blair Sir John Friend said he knew not and said no more Mr. Att. Gen. VVhat were the Effects of that Order Mr. Blair The Lord knows I know not Mr. Att. Gen. Did you know Mr. Charnock Mr. Blair Yes I knew him and met him accidentally last Summer and did not think to see him so soon he told me he was come from France but who sent him I don't know upon my Life Mr. Att. Gen. Pray have you heard what Sir John Friend said of Mr. Ferguson was he to be an Officer Mr. Blair I don't know that Sir John Friend told me he would Joyn him Mr. Att. Gen. Did Sir John Friend tell you so Mr. Blair Yes Sir Mr. Att. Gen. VVhen did Sir John Friend tell you so Mr. Blair A good while ago two Years ago and above Sir as near as I can remember Mr. Att. Gen. Did Sir John Friend tell you of Ferguson's bringing in any Men Mr. Blair Yes Sir he said he would bring in a great many L. C. J. H. Sir John Friend will you ask this Witness any Questions Sir J. Friend If they have done with him L. C. J. H. The King's Councel have done with him Sir J. Friend My Lord as to a Commission Doth he charge me with a Commission from K. James Mr. Blair Yes Sir Sir J. Friend I desire to know if it were Signed or Sealed or what Date it was whether 2 or 3 Years or 5 Years or when it was Mr. Blair I can't tell indeed Sir John Sir J. Friend But what Date was this Commission Mr. Blair I can't tell but it was in Paper Signed above James Rex and below by his Majesties Command Melford and there was a little Seal on the Margin Sir J. Friend It is the hardest thing in the World you have charged me with You were recommended to me for a very honest Gentleman you have often writ to me Sir my necessities are very great You have sent to me several times Sir it is a very dead time I am ready to Starve for the Lord's sake let me have a little Mony I never gave him any but for Charity God knows my Heart I desire to know if you have not done this Pray Sir answer me to that There is a God you must give an account to as well as I Answer me if you have not writ these Lines to me Mr. Blair I have done this Sir John Sir J. Friend and whether the Mony I gave you was not on meer Charity Mr. Blair Ay Sir But I had expended so much Mony on your Business that it had reduced me to that Condition God knows it cost me many a Pound to do your Business more than I had of you Sir J. Friend You were pleased to say you Listed a great many Persons for me VVho were they and what were their Names Mr. Blair I gave a List into the Council Sir J. Friend I know nothing of that Mr. Blair I brought several Officers to you Sir I told him I brought in several Officers to him and made him acquainted with them Mr. Att. Gen. Tell him as many as you can name Mr. Blair I have named the Officers already Mr. Att. Gen. Name them again Recollect your Memory Mr. Blair Did not I bring Capt. Fisher to you with a promise that he should be Eldest Captain Sir J. Friend No Sir You never brought Fisher to me Mr. Att. Gen. These are Questions of your asking which he Answers Mr. Blair I brought Fisher to you and accordingly you dined at Capt. Symonds and there was Capt. Ridley Richardson and Fisher and in my own hearing you Listed Fisher and promised him he should be your eldest Captain on condition he would bring in a Troop This is true and Fisher promised accordingly Sir J. Friend VVho were the Men you Listed Mr. Blair I never spake of Listing only of Encouraging Sir J. Friend Did not you speak of Listing a great many Men Mr. Blair No only of Encouraging I did not speak of Lifting I hope my Lord. Mr. Att. Gen. Tell him what you did say Mr. Blair I said I had Mony from you for Incouraging those that were Listed and you told me it was impossible to do it but we must have Mony now and then and we must be good Husbands you told me Sir John Did not I bring you Mr. Cole that Lives at Deal Did not his Brother-in-law Mr. Robinson and Mr. Gillibrand Dine there Did not we Dine with you Sir J. Friend I know nothing of that I do declare Mr. Blair My Lord I brought these 3 Gentlemen to him and we Dined together Jury-Man Where did you Dine Mr. Blair We Dined at Hackney when Sir John Friend Lived at Hackney at his own House Sir J. Friend When was
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