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.
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
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
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
swears it positively that is no Argument For now Blair is called to confront him he tells you he did not say he knew nothing of a Plot but denied being privy to or being concerned in the Business of the Assassination so that he did not deny wholly to be in the Plot but in the Assassination Then for the other Matter On Friday Night last it seems this Courtney coming to Blair's Chamber where Blair was he takes notice to him of his Discovery says he you are to be a Witness to morrow against Sir John Friend at Hicks's Hall I pray God direct you He says Blair seemed to be much troubled that he took notice it was against his Conscience and that he and his Wife said it was against his Conscience Blair denies that positively and says he believed he came in to catch him He farther tells you that his Design was to keep himself free from all Company and that he gave Order that none but his Wife might come to him that this his coming in surprized him that this Man rushed in upon him without his Consent that he did never say it was against his Conscience Besides that you must consider the Nature of the thing that when a Man is to come the next Day to give an Evidence to the Grand Jury it is not to be thought he should be so unwise a Man as to tell another it was to swear against his Conscience Therefore Gentlemen you are to consider the Evidence that Blair hath given and the Validity of it Then Sir John Friend doth insist upon another Matter Says he I am a Protestant Is it likely that I that am a Protestant should Conspire Confederate and Encourage such an Invasion against the King and Kingdom And to prove that he is a Protestant he hath called two or three Witnesses that have known him some twenty Years others many years that have frequently been in his Company and that tell you they did never know any time when he reflected against the Government Nay I think one of them says he was in his Company when he did reprove such Reflections And then one that was his Chaplain in his House is called and he tells you that he read the Common-Prayers in his House since the Revolution that Sir John Friend was present while they prayed for the Present King and the Late Queen Mary and that he says he has been gone from him about five Years and hath had very little Converse with him since Another says he hath been in his Company divers times and had several Discourses with him and that he should say that tho he could not conform to take the Oaths to the Present Government yet he would live peaceably and quietly under it and that one Expression he had was this If they catch me in the Corn let them put me in the Pound This is the Sum and Substance of his Defence you are to consider the Weight of that and whether it is sufficient to ballance the Evidence that hath been given for the King against the Prisoner It is plain tho he was a Protestant he was no good Friend to the Government nor could not take the Oaths to it I have known a great many Men that go to Church and are present at the Prayers but whether they joyn with them or no I know not But now you are to consider whether or no Sir John Friend being a Protestant he would not be in a Plot because he said so is such an Argument as shall be sufficient to make you disbelieve the Credit of this Evidence Another thing he insists on is a Matter of Law In the Statute of 25 Edw. 3. which hath been read and doth contain several Species of Treason giving an Account what shall be Treason One is Compassing and Imagining the Death and Destruction of the King the other is the Levying of War Now says he there was no War actually Levied To this Objection I must tell you If there be only a War to be Levied a Conspiracy to Levy War barely in it self is not Treason But if the Design and the Conspiracy be either to Kill the King or Depose the King and the Way and Method proposed to effect it is to Levy War the Consulting thereof to Levy a War is Treason and a Treason which is mentioned in 25 Edw. 3. for the Words of the Statute are If any Person shall Conspire Imagine or Compass the Destruction or Death of the King such Conspiracy or Imagination is Treason if made out by any Overt-Act Now because a Man designs to do it by the means of a War Agreeing and Consulting to Levy a War in order to that Design is High Treason There is a Levying of War without Treason not aiming at the Death of the King for if a Number of Men appear in a Warlike manner and this is not against the Person of the King nor with a Design of his Death and Destruction but for a general Reformation of the State and to have better Laws and to prevent those Abuses that they are offended at this War now to be Levied not being to Compass or Design the Death of the King this is not High Treason But if the Purpose and Design be to Depose or Destroy the King and this to be by the means of a War this is High Treason and it is an Overt-Act So that that Objection he makes in point of Law is nothing in this Case You have heard the Evidence what it is and you are to consider the weight of it and the Circumstances with which it is attended to prove the Credibility and the Probability on one side and the other And if you do not believe that Sir John Friend was so concerned as you have heard the Witness Depose then you are to Acquit Sir John Friend But on the other side If you do believe the Evidence against Sir John Friend you are to find him Guilty by what the Evidence hath sworn against him Jury-man We desire to have the Letter with us L. C. J. H. You may look on it here Then an Officer was sworn to keep the Jury safe and they withdrew to consider of their Verdict After a very short time the Jury returned and the Clerk of the Crown spake to them thus Cl. of the Crown Gentlemen answer to your Names Thomas Clerk Mr. Clerk Here. And so of the rest Cl. Cr. Gentlemen Are you All agreed in your Verdict Omnes Yes Cl. Cr. Who shall say for you Omnes The Foreman Cl. Cr. Sir John Friend Hold up thy Hand You of the Jury look upon the Prisoner How say you Is he Guilty of the High Treason whereof he stands Indicted or not Guilty Foreman Guilty Cl. Cr. What Goods and Chattels Lands or Tenements c. Foreman None to our Knowledge Cl. Cr. Hearken to your Verdict as the Court hath recorded it You say that Sir John Friend is Guilty of the High Treason whereof he stands Indicted and that
the Prisoner at the Bar with those of the same Company as before and Mr. Charnock did desire to know of them whether they did still agree to what had been proposed and resolved on before that so he might not go on this Errand without very good Assurance that they did all agree to assure the late King James that they would assist him upon his Landing if they had but notice of his Landing when and where he would land and withal they desired that he would make haste And observe Gentlemen the time of this Meeting was May or June last as soon as the King was gone to Flanders and they thought this a very fit Opportunity when the King was gone and the Forces drawn out of England to Flanders and very few Forces in England and therefore a very proper Reason for the Invasion to be made Mr. Charnock went over accordingly to France and about a Month after returned again and told them that he had acquainted the late King James with the Resolution that had been taken here and that the late King James told him that he thanked them for their Readiness to assist him but that at that time the French King could not spare any Men so that at that time their Design could not be accomplished therefore it was respited till last Winter and last Winter you will hear their Design was renew'd again and about January last Sir George Berclay came over from France with several Troopers pretending to be discharg'd and they entred into a Conspiracy to Assassinate the King and to prepare for an Invasion that was to be done first to facilitate the Invasion which was immediately to follow upon it and they thought they should not have a good Assurance of Success so long as the King lived and I hope every Body will take notice how precious that Life is to be accounted of by us when the Success of their Conspiracy depended upon the taking that Life away Gentlemen you will hear this Design of Assassinating the King the Prisoner at the Bar was acquainted with but did not approve of it for he thought it would be a Disservice to the late King James's Affairs but he was at the Meeting with those Conspirators Charnock and Berclay and others and got acquainted with it as you will hear You will hear further that about January last when the Invasion was intended to be made the Prisoner had frequent Meetings with this Blair his Lieut. Colonel and other his Officers to consider how to prepare and be in a Readiness at that time Blair and the Prisoner and Captain Richardson met at a Place in Exchange-Alley and there were Discourses among them and Blair said there was a very considerable Roman Catholick sent over to the late King James and he would bring the last Orders from him and Sir John Friend said he knew very well of it that it was so that he should have these Orders quickly At another time this Blair and the Prisoner Sir John Friend met at Jonathan's Coffee-house and from thence he took him in his Coach along with him and there they had great Consultations about the Affairs of his Regiment and the Prisoner told him that they must be good Husbands of their Money for if this Invasion should miscarry he should not have Money enough to carry on his Trade That he would take care to mount many Officers that could do it themselves but many of them could not do it at their own Charge and those who could not do it he would take care to do it for them They had then a Discourse of the Thoulon-Fleet coming about and that it was thought proper not to stir nor make any Appearance till the Thoulon-Fleet came about And the Prisoner said he would not put his Foot into the Stirrup till then but would keep it private lest they should be seized and that he would skulk about till every thing was in a Readiness and advised Blair to do so too And you will hear it further proved That about May last the Prisoner did pay 20 l. to this Blair to reimburse him what Money he had laid out on the Affairs of his Regiment and it was in this manner They had all heard that Parker was in the Tower for High Treason and that he had made his Escape to which the Prisoner at the Bar was privy and that it had cost 300 l. and that the Prisoner had laid down an hundred Pounds of it but this was paid in order to be paid him again and was assured by one Johnson a Priest that he would see him paid and accordingly one Piggott went over to France and that Piggott had the 100 l. paid him again by the late King James to repay Sir John Friend but when he came back Piggott thought fit to keep it and Sir John Friend durst not ask him for it because of the Advantage the other might take upon him so did not dare insist upon it But when Blair press'd him for Money that he had laid out upon the Regiment he told him that this Piggott had received an hundred Pounds which he had laid down upon the account of Parker and that he ought to pay it him but had refused so to do and therefore says he if you will prevail with this Johnson the Priest who was obliged to see me paid to get this 100 Pound paid me accordingly you shall have 20 of the 100 Pound and thereupon Blair did prevail with Johnson to assist in the getting this 100 Pound from Piggott and then the 20 Pound was paid to Blair by Piggott at the Desire of Sir John Friend and upon the Solicitation of Johnson These Sums you will find were paid by Sir John Friend to Capt. Blair who was his Lieut. Colonel and to whom he intrusted the Management of the Regiment in great measure Gentlemen I have opened to you the Substance of the Evidence against the Prisoner and I hope you will take care to observe from the Evidence to rectify any Mistake of mine Mr. Solicitor General Mr. Attorney hath opened all this Matter very fully to you and we will call our Witnesses to prove the Matter in the manner that hath been opened Call Mr. Porter Sir J. Friend My Lord before Capt. Porter is sworn I desire to know whether he be a Roman Catholick or a Protestant L. C. J. H. Why do you desire to know that Sir J. Friend I beg your Lordship's Pardon I desire to know whether he be a Roman Catholick or a Protestant L. C. J. H. If he be a Roman Catholick it is no Objection against his Evidence Is not a Roman Catholick a good Evidence Sir J. Friend I desire to know whether he be a Roman Catholick or no A Man ought to know Pray my Lord L. C. J. H. Will you ask him whether he be a Christian Sir J. Friend I desire to know whether he be a Roman Catholick or a Protestant L. C. J. H. It is
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
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
same effect L. C. J. H. Whom you think fit call whom you will Sir J. Friend But one thing I desire before If these two Gentlemen Blair and Porter and none but these two if they are Papists they are not good Witnesses against a Protestant to prove him a Traytor by 25 Edw. 3. For that Statute says He that is Indicted must be proved Attainted which can't be by the Evidence of Papists and that because they do refuse to take the Oaths of Allegiance required to be taken And therefore I humbly beseech your Lordship that you will be pleased to tender them the Oaths for there is a Statute 3 Jac. 1. c. 4. I desire they may be tendred their Oaths L. C. J. H. That is not the present Business at this time We must go on with the present Business Sir J. Friend They are not substantial Witnesses for this is the Law as I am informed I only speak as I did at first before ever they were sworn I desired to know when 't was convenient for me to insist upon this before ever they were sworn I asked whether they were Papists that they would not tell me that was not allowed of it was over-ruled by the Court But there is such a Statute and my Witnesses have said that they are Papists there lies a great deal upon it my Lord and I humbly beseech your Lordship I hope you will not take it amiss that I do insist upon it L. C. J. H. No by no means I will take nothing amiss Sir J. Friend 25 Edw. 3. 30 Car. 2. 3 Jac. 1. c. 4. I desire may be read for there it is That if any Roman Catholick swear against any Protestant who are by them accounted Hereticks they are not to be believed for the Priest can absolve them from all Oaths And they use Equivocations and mental Reservations and may have a Dispensation for such Forswearing and afterward for all Villanies and therefore they are not to be credited and their Evidence is really none till they shall renounce those Matters and Principles Therefore I humbly beseech your Lordship that these Statutes may be read L. C. J. H. Read the Statute 3 Jac. 1. c. 4. Sir J. Friend My Lord your Lordship was pleased to promise me That if any thing should arise that was Matter of Law my Counsel should be heard pray let me know if there be any Matter of Law in it and if there be I humbly beg my Counsel may be heard L. C. J. H. Let us know first if there be matter of Law Sir J. Friend My Lord my Life is in danger I am as clear as a Child unborn L. C. J. H. If the Court did think there was any Colour in this Objection you make we would let you have Counsel nay we would do it now if we could do it by Law Sir J. Friend How do you say may it please your Lordship L. C. J. H. If there were any Colour in what you say in Relation to a Papist being no Evidence we would hear your Counsel I would be glad to hear that Counsel that would own your Objection the Statute shall be produced and we shall see if there be any such thing or any thing like it Sir J. Friend I don't understand the Law my Lord not I. I would be glad to hear Counsel for my own satisfaction L. C. J. H. Look you Sir John Friend you shall have what is fit to be done You desire to have the Statute read and it shall be all read Sir J. Friend My Lord I desire that 25 Edw. 3. and 30 Car. 2. may be read L. C. J. H. What Chapter Sir J. Friend I have it down here L. C. J. H. Then read the 25th of Edw. 3. Gentlemen of the Jury Sir John Friend desires the 25th of Edw. 3. the Statute on which he is indicted may be read Sir J. Friend My Lord I beseech you that I may speak one Word before you go on to read this Statute My Lord I am advised by Counsel a Consultation to levy War is no Treason without Rebellion Insurrection and Invasion and inviting Men over is no Treason unless a Foreign Prince be invited to come with his own Subjects I am no Lawyer I leave that to your Lordship likewise Clerk reads the Statute Sir J. Friend I don't think that is the Statute L. C. J. Holt. Yes that is the Statute you mention Sir J. Friend I do not know whether that be the Chapter I have not the Chapter L. C. J. Holt. Read the Statute of 3 Jac. 1. c. 4. Sir J. Friend There may be a Mistake in the Chapter I have not the Chapter L. C. J. H. This is the Statute relating to High Treason and has in it those very Words that are in your Paper which you have read to the Court. Sir J. Friend Read the 3d. of K. James 1. c. 4. which relates to the tendring the Oaths to the Papists the Oaths appointed to be taken by the Statute they ought to have the Oaths tendred to them L. C. J. H. That is another time Sir J. Friend Pray my Lord Cl. of the Cr. O here it is Sir J. Friend No Roman Catholick is capable of having an Oath administred to him to be a Witness L. C. J. H. Read it out Sir J. Friend I only speak of Roman Catholicks I am told that Roman Catholicks regard not any Oath because they have Priests that can absolve them and therefore I only speak this because I know not how their Oath can sway with any one Therefore your Lordship being my Counsel I would desire my Lord that if there be any thing that I have omitted that you would please to help me Your Lordship was pleased to say You were my Counsel and that you would assist me for I am as Innocent as the Child unborn however these Men have sworn against me This is a hard thing and to lay this upon a Gentleman and that by these two Papists 't is a very hard thing L. C. J. H. Have you any Witness to prove that these Men have no Reason to charge you thus Have they any Displeasure or Malice against you Sir J. Friend My Lord I have been so kept up I have not had time for any body to come to me I had no Counsel till Saturday Mr. Baker That is a Mistake Sir J. Friend I had it not till Friday in the Afternoon I have been kept so close that I had no body to come to me Indeed I had an Order but there was a Mistake in that Order so that no Friend could come to me that I might inquire into Things Mr. Soll. Gen. You had Notice of your Tryal on Tuesday last Mr. Baker I did attend Sir John Friend and gave him notice of his Tryal on Tuesday last and desired to know if he would name his Counsel and he was pleased to Name Mr. Northy and Sir Bartholomew Showers who did refuse to come after Orders were
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
that he was to raise He was to raise them himself and to appoint what Officers he thought fit That he Read the Commission and it was Signed at the top James Rex and Counter-signed Melford Sir John Friend promised Capt. Blair he should be Lieutenant Colonel of that Regiment and told him That he should get as many Men as he could That Mr. Vernatti was to be one of his Captains That Captain Blair brought Mr. Fisher to Sir John Friend to be his First Captain And that there was one Mr. Sclater a Man in Favour with Sir John Friend and he was to be another Lieutenant Colonel as he told Capt. Blair saying It is no matter if I have two Lieutenant-Colonels in my Regiment At which Capt. Blair took great Offence and did express as much to Sir John Friend Thereupon Sir John Friend told him it should not be I will said Sir John make another Provision for him he shall be a Captain of a Troop of Non-Swearing Parsons and that should satisfie him Besides this in order to raising of Men no Men were Levied and for Ingaging Men to contract to come in and be of his Regiment He tells you there was Expended a great deal of Money to Caress them and keep them together and to carry on this Design Whereupon Capt. Blair came to Sir John and made Complaint that he wanted Money to carry on the Design Upon this Sir John Friend tells him There is 100 l. due to me which I ought to have upon this account viz. because I laid down 100 l. in order to the facilitating the Escape of Col. Parker out of the Tower and there is one Mr. Piggott had Directions to Pay me that 100 l. but I can't get it of him You shall have 20 l. of that 100 l. But how is this to be had Why there is one Mr. Harrison alias Johnson hath an Interest in this Mr. Piggott to whom he made his Application and thereupon 20 l. was Paid him about the latter end of June or the beginning of July last After this Capt. Blair said he had Occasion for some more Money some time after about Michaelmas and he was very Importunate with Sir John to obtain it from him I will give you the manner how It was out of the same Summ that he had the other 20 l. He writes to Sir John Friend a Letter and Sir John returns this Answer and that by a Letter under Sir John's own Hand and he knew it to be his own Hand In the Contents of the Letter are that which is remarkable the Letter bears Date some Tuesday Morning directed to Capt. Blair the Letter was delivered at his own House and this was to meet him on Thursday next at Jonathan's Coffee-House at the Hour of Twelve Accordingly Capt. Blair comes to Jonathan's Coffee-House where he doth meet Sir John and Mr. Harrison was there and there he does receive some Money So that now this Letter doth not depend for its Proof barely upon his Hand but upon the Contents and the subsequent Action thereupon and this is a great Evidence because the Letter directs him to meet at Jonathan's Coffee-House and Sir John Friend does meet with Capt. Blair at that Place and Time and that there was a Discourse of the Design of the French Invasion He farther tells you there was a Discourse between him and Capt. Blair How that Sir John did not at all scruple his being concerned but did according to the Tenour of the Discourse past tell him That he would not stir till such time as the Thoulon Fleet was come about thinking that if he did there would be danger of his being Apprehended And therefore that he would sculk about and bid Capt. Blair should do the same a very great Argument that he continued still of the same Mind for this Discourse related still to the former Business viz. That he was to raise a Regiment of Horse in order to the Restauration of King James and it also hath Relation to the French Invasion which was expected on the same Account for about Two Years There was a great Intimacy between this Capt. Blair and Sir John Friend and a great Trust Sir John reposed in him And you are told of a Letter to King James Sir John tells him That he wrote that Letter himself Capt. Blair says he read that Letter and that it was so well penn'd he believed Mr. Ferguson did pen it Upon which Sir John was angry Then you have Gentlemen Mr. Bertram called to be a Witness to prove That Capt. Blair told him he was to be Lieutenant-Colonel and that before the Discovery of this Plot and the Assassination That Sir John did intimate something of his Knowledge of it That he heard of such a thing but did dislike it for he thought it would be the Ruine of King James's Business So that this Gentlemen is the Summ and Substance of the Evidence against the Prisoner But now you are to consider what Sir John can say on Behalf of himself First He makes an Objection against the Credit of the Witnesses That they are not to be believed upon this Account because they are known to be Roman Catholicks Their Consciences indeed as to Oaths are somewhat large especially when they swear against Protestants And therefore says he they are not to be allowed against Protestants as Witnesses at least their Credit is not sufficient to induce a Jury to believe them At First he alledgeth That there is a Statute that disables them from being Witnesses There is no such thing nor is that at all a Diminution of the Credit of their Testimony For I must tell you they are Legal Witnesses Though there are several Laws to punish them as Roman Catholicks yet no Law that renders them Infamous or Incredible Witnesses that I know of for you must know Gentlemen that Papists are Christians and they do swear by the same Evangelists as we do And for that Objection That they look upon us as Hereticks and may be absolved for swearing falsly It hath been well observed by the King's Council they would never obtain any Dispensation whatsoever when by their Swearing they do a Papist Mischief so they are good Witnesses as to their Credit and Competency But then he insists upon it that Blair is not to be look'd upon as a Witness and he tells you why First That he had denied he knew any thing of the Plot The Occasion of that was this when he was in the Gate-house there was News in the Flying Post or Post Boy where it was alledged that Blair had confessed all and that thereupon Blair did say he was innocent You are to consider the Weight of that Objection Suppose he had said so at that Juncture and did own that he knew nothing at that time by a Man's disowning of a thing because he would not confess or trust those Men with his Confession that therefore he is not to be believed when he comes and
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