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B17220 The arraignment, tryal, and condemnation of Sir John Friend, knight for high treason in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His Sacred Majesty King William, and restoring the late king : at the sessions-house in the Old-Bayly, on Monday March 23, 1695/6 ... Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1695 (1695) Wing A3759; ESTC R18506 64,554 47

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I do appoint Samuel Heyrick and Isaac Cleve to Print the Tryal of Sir John Friend Kt. and that no other Person presume to Print the same Mar. 24. 1695 6. J. Holt. THE ARRAIGNMENT TRYAL AND CONDEMNATION OF Sir JOHN FRIEND Knight FOR High Treason In Endeavouring to procure FORCES from France to Invade this Kingdom and Conspiring to Levy WAR in this Realm for Assisting and Abetting the said Invasion in order to the Deposing of His Sacred Majesty King William and restoring the late King At the Sessions-house in the Old-Bayly on Monday March 23. 1695 6. And Perused by the Lord Chief Justice Holt and the King's Council who were present at the Tryal LONDON Printed for Samuel Heyrick at Grays-Inn-Gate in Holborn and Isaac Cleve at Serjeants Inn-Gate in Chancery-Lane 1696. Die Lunae Vicesimo tertio Martis 1695. Anno Regni Regis Gulielmi Tertii Octavo At the Sessions-House in the Old-Baily this Day came on the Trial of Sir JOHN FREIND Knight for High-Treason in Compassing and Imagining the Death and Destruction of His present Majesty King William upon an Indictment found by the Grand-Jury for the City of London upon the Sessions of Oyer and Terminer and Gaol-Delivery of Newgate on Saturday the 21st Instant Cl. of Arr. CRyer make Proclamation Cryer Oyez thrice All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex Adjourned over to this day Draw near and give your attendance for now they will proceed to the Pleas of the Crown for the said City and County and God save King William Cl. of Arr. Make proclamation again Cryer Oyez You good men of the City of London summoned to appear here this day to try between our Sovereign Lord the King and the Prisoner that is to be at the Bar answer to your names as you shall be called every man at the first Call upon pain and peril that will fall thereon Then the Petty Jury were all called over and the Appearances of those that answered to the Call were recorded About Ten a Clock the Lord Chief Justice Holt the Lord Chief Justice Treby Mr. Justice Nevill and Mr. Justice Rokeby came into the Court and there being a great confluence of the Nobility and Gentry there present the Prisoner was ordered to be brought to the Bar which was done accordingly Cl of Arr. Sir John Freind Hold up thy Hand Freind My Lord I humbly move that I may have one William Courtney who is to be a principal Witness for me at my Trial and is now a Prisoner in the Gatehouse sent for L. C. Just Holt. Is he your Witness Sir John Freind Yes my Lord William Courtney is his name L. C. Just Holt. Sir John why did not you send and desire this before Freind My Lord I did not hear of him while last night and I humbly beseech your Lordship that you will please to let him be sent for The Judges consulted among themselves L. C. Just Holt. Look ye Sir John Freind I 'll tell you If you 'll appoint your Agent to come hither you shall have an Habeas Corpus ad testificandum But indeed you might have sent this morning and then the Writ might have been got ready Freind My Lord I did not know so much for it was last night before I understood that he was to be a Witness L. C. Just Holt. You might have sent last night or this morning and you should have had a Warrant for the Writ Freind I assure your Lordship I did not know so much L. C. Just Holt. Well Send your Agent or your Sollicitor and you shall have a Warrant for the Writ Freind I beseech your Lordship that he may be sent for and that the messenger may make haste L. C. Just Holt. Let your Sollicitor come to my Clerk and he shall have it Freind My Lord if you please to give a Rule of Court for it I suppose it may be done presently L. C. Just Holt. No no Sir John it must be by Writ the Keeper of the Gate-house else can't bring him Freind My Lord that will be a long time before it can be done I desire nothing but that I may have him here to give his Evidence for me L. C. Just Holt. It will be got ready presently I believe he will be here time enough for you to make use of his Testimony Freind But my Lord suppose he should not be here It would be a great hindrance to me and a greater injury in my Tryal L. C. Just Holt. No no Sir John you need not fear any thing of that nature we are not in such haste we will not spur you on But the Warrant shall be made and do you make what haste you can to get the Writ and your Witness brought The Lord Chief Justice gave order to Mr. Mason his Clerk to prepare a Warrant for an Habeas Corpus directed for the Keeper of the Gatehouse to bring William Courtney immediately hither to give evidence Cl. of Arr. Sir John Freind hold up thy hand which he did You stand Indicted in London by the name of Sir John Freind late of London Kt. for that whereas there had been for a long time and yet is an open and notoriously publick and most sharp and cruel War by Land and by Sea had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. All which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir John Freind a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and the true and due Obedience Fidelity and Allegiance which every Subject of our said Sovereign Lord the King that now is towards him our said Sovereign Lord the King should and of right ought to bear withdrawing and intending utterly to extinguish and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under our said Sovereign Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter and his Faithful Subjects and the Freemen of this
yes I do Cl. of Ar. John James Fr. I Challenge him Cl. of Ar. Thomas Poole Fr. I accept of him he was Sworn Cl. of Ar. Peter Parker Fr. I accept of him he was Sworn Cl. of Ar. George Grove Fr. I except against him for I have him not in my Pannel L. C. J. H. How comes that Fr. I can't tell my Lord I have been kept alone while Saturday last only that worthy Gentleman bowing to Mr. Baker the Prosecutor for the King was with me to give me notice of my Tryal before Cl. of Ar. Nathaniel Wyersdale Fr. I Challenge him Cl. of Ar. Samuel Blewitt Fr. I Challenge him Cl. of Ar. James Bodington Fr. I Challenge him Cl. of Ar. John Woolfe Fr. Sir I do assure you I have him not in my Pannel upon my word I Challenge him Cl. of Ar. Samuel Jackson Fr. I accept of him he was Sworn Cl. of Ar. Nathaniel Long. Fr. I accept of him He was Sworn Cl. of Ar. Richard Chiswell Fr. I Challenge him Cl. of Ar. George Child Fr. I accept of him he was Sworn Cl. of Ar. William Walker Fr. I accept of him he was Sworn Cl. of Ar. John Wells Fr. I Challenge him Cl. of Ar. John Hibbert Fr. I Challenge him Cl. of Ar. John Pettit Fr. I Challenge him Cl. of Ar. James Robinson Fr. Sir he is not in my Pannel upon my word Cl. of Ar. He is in the Original Pannel Mr. Sheriff Buckingham My Lord here is the Original Pannel and here 's his name here and there is not a person in this Pannel but what was Originally put in except it be about five or six at the end and this is none of them Fr. I Challenge him Cl. of Ar. Thomas Hollis he did not appear L. C. J. H. Pray Sir John who had you that Copy from Who gave it you Fr. My Sollicitor Mr. Trotman My Lord he had none from me I am sure I received the Pannel from the Sheriff but no body from Sir John was ever with me for a Copy Fr. My Lord my Sollicitor brought it to me on Saturday night L. C. J. H. Who is your Sollicitor that gave you that Copy Fr. His name is Mr. Burleigh my Lord. L. C. J. H. Where is he Let 's see this Mr. Burleigh Fr. My Lord he is gone to the Crown Office it seems for the Habeas Corpus M. J. Rokeby It is your own Sollicitor that has put the abuse upon you if it be so Cl. of Ar. Thomas Hollis he did not appear L. C. J. H. Pray Sir John Friend how many have you in all Fr. In number my Lord would you have me tell you how many I have in number L. C. J. H. Aye in number in your Copy of the Pannel Mr. Sh. Buckingham In the Pannel there are above Fourscore Fr. I have seventy one my Lord. Then Thomas Hollis appeared Cl. of Ar. Do you Challenge him Sir Mr. Sh. Buckingham Pray let the Secondary produce his Pannel that he had from my Brother and me and I am assured the Court will find they were all named in that Pannel Mr. Trotman My Lord I have the Pannel but they never came to me for a Copy as I expected I had got one ready if Sir John Friend or any Person for him had sent to me they might have had it Mr. Sh. Buckingham And these People that are not in Sir John Friends Pannel are none of the half dozen that were added when we came to the knowledg of them that they were Freeholders L. C. J. H. When were they added Sir Mr. Sh. Buckingham They were added on Friday in the Afternoon and it seems he never came for the Pannel to the proper Officer and those that he objects against were not added but are in the Original Pannel L. C. J. H. Truly I can't see any body is to blame in this matter but your own Sollicitor Mr. Trotman My Lord I assure you I had made a Copy and I wondered I did not hear of them I do not know where he got this Copy L. C. J. Treby In truth if you will not send to the proper Officer for a Copy when you might have had it you must be content with what you have for no body is bound to give you a Copy unless you ask for it L. C. J. H. Well what say you to Thomas Hollis Fr. I Challenge him my Lord for he is not in my Pannel Cl. of Ar. John Sherbrook Fr. I accept of him he was Sworn Cl. of Ar. James Blackwell Fr. He is not in my Pannel upon my word my Lord. L. C. J. H. I can't help it he is in the Sheriffs Pannel that is returned here Fr. I Challenge him Cl. of Ar. Thomas Gardner Fr. I accept of him Mr. Gardner My Lord I am no Freeholder in the City Mr. Justice Rokeby Mr. Gardner have you not lately conveyed away your Freehold Mr. Gardner No indeed my Lord I never had any Cl. of Ar. William Prince Fr. I accept of him He was Sworn Cl. of Ar. John Simons Fr. I challenge him Cl. of Ar. Robert White Fr. I Challenge him Cl. of Ar. Joseph Morewood Fr. I accept him his Name is John I suppose for so it is in my Pannel Cl of Ar. No it is Joseph Mr. Morewood My Name is Joseph Fr. Well Sir I accept of you I don't question but you are an Honest Man He was Sworn Cl. of Ar. Cryer Countez Thomas Clark Cryer One c. So of the rest to the Last Cl. of Ar. Joseph Morewood Cryer Twelve good Men and true stand together and hear your Evidence The Names of the Jury were these Jur. Thomas Clark Thomas Emms Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long George Child William Walker John Sherbrook William Prince and Joseph Morewood Cl. of Ar. Cryer make Proclamation Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant the King's Attorney General or this Inquest now to be taken of the High-Treason whereof the Prisoner at the Bar stands Indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all others that are bound by Recognizance to give evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance and all Jury-men of London that have been called and have appeared and are not sworn may depart the Court. Cl. of Ar. Sir John Friend Hold up thy Hand which he did You that are Sworn Look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of Sir John Friend late of London Knight prout in the Indictment mutatis mutandis And against the Form of the Statute in that case made and provided Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are your