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.
John Child William Walker John Sherbrooke William Prince Joseph Moorewood Then the Usual Proclamation for Information was made and those who were Summon'd to be of the Jury and not Sworn were Discharged Cl. of the Cr. Sir John Friend Hold up thy Hand You Gentlemen that are Sworn Look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir John Friend Knt. as in the Indictment mutatis mutandis and against the Statute in that Case Made and Provided Upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal hath put himself upon God and his Countrey which Countrey you are Your Charge is to Inquire Whether he is Guilty of the High Treason whereof he stands Indicted or Not Guilty If you find him Guilty You are to Inquire what Goods and Chattels Lands and Tenements he had at the Time of the High Treason Committed or at any Time since If you find him Not Guilty you are to Inquire Whether he fled for it If you find he fled for it you are to Inquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he fled for it you are to say so and no more and hear your Evidence Mr. Mountague King's Counsel May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason brought against the Prisoner at the Bar Sir John Friend for associating himself with and aiding of the King's Enemies for procuring an Invasion from France in order to depose his Majesty King William and in order to effect these his wicked and traiterous Purposes the Indictment sets forth that the Prisoner at the Bar Sir John Friend upon the first of July last did meet and agree with my Lord Ailesbury my Lord Montgomery Mr. Chernock Sir William Parkins Sir John Fenwick and Coke and there they did agree among themselves how they should procure an Army from France to come and invade this Kingdom and that they would raise a considerable Number of Men to facilitate the Landing of the French Forces The Indictment charges the Prisoner in particular with agreeing to send Mr. Chernock as a Messenger to the late King James to inform him of this their Design and also for the obtaining and procuring a Commission from the late King James to constitute him a Colonel of Horse for the raising of a Regiment to procure the said Forces It doth charge him likewise with laying out and expending several Sums in listing and keeping several Men in a Readiness to be Souldiers in his Regiment and for buying several Arms and Horses to be made use of in this intended Rebellion The Prisoner to this hath pleaded not Guilty We will produce our Witnesses and we doubt not you will see Cause to find him Guilty Silence being proclaimed the King's Attorney General open'd the Indictment thus Mr. Attorney General Sir Tho. Trevor My Lord and you Gentlemen of the Jury the Prisoner at the Bar Sir John Friend Knight stands Indicted of High Treason for Compassing and Imagining the Death and Destruction of the King and likewise for adhering to the King's Enemies Gentlemen the Overt-Acts laid in this Indictment for the proving the Treason are That the Prisoner did accept of a Commission from the late King James for raising a Regiment of Horse in this Kingdom in order to join with the French Forces when they should invade it and that there were several Meetings and Consultations between him and several other Persons in which it was resolved to send a Messenger viz. Mr. Chernock into France to desire of the late King James that he would prevail with the French King to send a Number of Men from France to come over and to invade this Kingdom and to assure him that he with others would be assisting upon the said Invasion with a good Number of Men and Horses when they came and that he did accordingly raise Men and provide several Arms that he listed the Men and had them in Readiness to join with the French Forces when the Invasion should be These are the Overt Acts laid in the Indictment the Evidence to be produced to prove the Treason and Overt-Acts will be in this manner Gentlemen you will see by the Evidence that there hath been a Design and Conspiracy on foot for several Years to Assassinate the King's Person and to have an Invasion from France at that time by an Armed Force here to subdue this Kingdom The Prisoner at the Bar about two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse which he accepted of there were several other Commissions likewise sent to the Prisoner and he did in pursuance thereof appoint his several Officers and listed several Men for that purpose and expended several Sums of Money for the retaining of them That his Lieut. Colonel was to be one Brice Blair and for his Major one Sclater this Sclater it seems his Father had been a Clergy-man and he did engage to bring in Men into his Troop that were Clergy-men who refused to take the Oaths one of his Captains was to be one Everard another was to be one Richardson with several other Officers which he had engaged in the Design with which he had appointed to make up his Regiment Gentlemen you will hear further by the Witnesses that about May or June last they having raised a considerable Number of Men that were ready here there were several Meetings that were had between the Prisoner at the Bar and several other Persons in order to send one over in order to procure Force from France to invade this Kingdom The first Meeting you will hear of was at the Old King's Head Tavern in Leadenhall-street there were present the Prisoner at the Bar my Lord Ailesbury my Lord Montgomery _____ Pelling Sir John Fenwick Charnock who was lately executed Porter and one Cook at that Meeting You shall hear what the Debates were and what was the Resolution and that was to send over Charnock several Debates there were among them who to send at last it was resolved to send over Charnock to France to propose to the late King James their Design and to desire of him to prevail with the French King to furnish and send 8000 Foot 1000 Horse and 1000 Dragoons and impowered him to assure the late King James that whensoever he should land with those Forces they would be ready to join him and assist him with near 2000 Horse among them they undertook to do so much accordingly this Charnock did undertake to go upon this Message About a Week after they were to meet again for Charnock was unwilling to go on such an Errand without having an Assurance from them that they still continued in their Resolution taken up for acquainting King James what they would do and about a Week after they met at Mrs. Montjoy's a Tavern where were
Church of England If that be true all that can be gather'd from it is That a Papist engaging in so black a Design may be a very good Papist but I am sure you will all agree with me that he was a very bad Protestant But whether or no Papists may be Absolved by their Priests their false Swearing I can't tell that for I am not acquainted with their Religion it may be they may but I am sure the disservice they have done to the Popish Cause after they had Served it so long will be one of the last things they will ever Absolve them of Another thing he insists on is this He hath brought two or three Clergymen to Evidence for him that he was very cautious in talking Reflectingly against the Government and that he was not nor could not be in any Plot and 't is to be observed that at all times that That swims uppermost and is most frequent in all Discourses that a Man is most engaged in They say nothing introduced those Discourses but that at all times he frankly declared he was not in any Plot nor would not be one way or other as the way that Weak Men and Children discover their being ingaged in a thing is by their constantly discoursing upon it and declaring that they would not be concerned in it Another Particular he hath just offer'd at is a Point of Law but that dropped and he waved it He would have had it That no Roman Catholick could be allowed as an Evidence against a Protestant What weight there is in that Gentlemen I doubt not but the Court hath given you good Satisfaction in I would do the Prisoner right But I would have you consider That the Prisoner hath not only been Charged with a bare Conspiracy but that he was Ingaged in consulting an Invasion in order to drive out His present Majesty and Depose him from the Crown which is High-Treason by our Law which way soever it be done whether by a Stab or Shot or Levying War In the last place I would take Account of the Consultations held wherein he admits he was present at the two Meetings where both say he was present he only differs in one Point from the Witnesses He says Nothing was talked of at these Meetings but general and indifferent things but the Witnesses have Sworn what the Discourse was There is one thing more that is Mr. Bertram's Evidence not that we produce it against the Prisoner but to support what was Sworn by Capt. Blair And this is in order to satisfie the Court That there is nothing said against the Prisoner neither Maliciously nor out of any Envy for Capt. Blair did acquaint Mr. Bertram with the thing at least Two Years ago and confirmed it with this Circumstance That he was to be Capt. Blair's Lieutenant and Capt. Blair Swears the same thing There is Concurrence of Evidence against the Prisoner and great Levity in his Defence Therefore we leave it with you Then my Lord Chief Justice Holt Summed up the Evidence to the Effect following Gentlemen of the Jury Sir John Friend the Prisoner at the Bar is Accused for High-Treason and the Treason that is mentioned in the Indictment is Conspiring Compassing and Imagining the Death of the King To Prove this Conspiring and Compassing the King's Death there are two particular Overt-Acts mainly insisted upon The One The Agreeing to send Mr. Charnock into France to King James to perswade the French King to send over Forces to Assist them who were to furnish other Forces to raise War within this Kingdom in order to Depose the King The other Overt-Act Is having a Commission for Procuring and Levying Men to be ready in order to Join with the French upon their Invasion and this for the Restitution of King James and total Extirpation of King William These two as I told you are the two Overt-Acts that are mainly insisted upon and to Prove him Guilty of these there are two Witnesses One is Capt. Porter who spoke to the First The other is Capt. Blair who spoke to the Second Capt. Porter tells you about the latter end of May or beginning of June last he and Sir John Friend and others he mentioned were at the Kings-Head Tavern in Leaden-hall-Street and there they entred into Discourse about the Return of King James and did consider among themselves which was the most Effectual way and means to have him Restored Thereupon it was Agreed among them to send a Messenger to France to King James to desire him to sollicit the French King to furnish him with 10000 Men to be sent into England 8000 Foot 1000 Horse and 1000 Dragoons And that they did agree when these Forces were sent over that they would be ready to meet and Join them with 2000 Horse The Messenger they Agreed to send was with them at that very time and that was Mr. Charnock lately Tried and Executed This being determined Charnock makes ready to go on this Expedition but before he went it seems he had a desire to meet with the Company again for a further Discourse of this Matter and see whether or no they did Persevere in the Resolution they formerly took Thereupon there was another Meeting about a Week or Fourteen Days after I can't tell which and that was at Mrs. Montjoy's and there were Sir John Friend and Captain Porter and others of the same Company that were before at the King's-Head and there they entred into the Debate of this Matter the Question was Whether or no Charnock should be sent into France as was formerly determined and then it was determined that he should go and it seems Capt. Porter said he went in two or three Days afterward And Capt. Porter tells you further that Three Weeks or Five Weeks sometime afterward Mr. Charnock comes back and Capt. Porter was taken up upon the Riot and did not see him upon his first Return but afterwards he met with him and spoke to him and asked him What he had done and what were the Effects of his Negotiation He told him he had done as he was directed That he had been with King James and that King James had spoken to the French King but the Answer return'd was this That the French King for that Year had Occasion for his Forces to be otherwise employed and could not spare them that Year Capt. Porter ask'd him Whether he had been with the rest He told him he had acquainted them with the same thing The next Evidence is Capt. Blair to the other part of the Indictment which is for Raising of Men not Levying of them he having a Commission from King James for Ingaging of Men to be of his Regiment of which he was to be Colonel himself and to provide Officers Capt. Blair tells you Two or Three Years ago he was with Sir John Friend and Sir John did produce a Commission that he had from King James to be a Colonel of a Regiment of Horse
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