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
Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at London in the Parish of St. Peter Cornhill in the Ward of Limestreet falsely maliciously devilishly and traiterously did compass imagine contrive purpose and intend our said Sovereign the Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and our said Sovereign Lord the King to Death and final Destruction to put and bring and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Overcome and Subdue to move incite procure and help and a miserable slaughter among the Faithful Subjects of him our said Sovereign Lord the King throughout this whole Kingdom of England to make and cause and that you the said Sir John Friend to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and assisting and the same your most impious wicked and devilish Treasons and traiterous compassings intentions and purposes aforesaid to fulfill perfect and bring to effect and in prosecution performance and execution of that traiterous adhesion you the said Sir John Freind as such a false Traytor during the War aforesaid to wit the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other days and times as well before as after there and elsewhere in London aforesaid falsly maliciously advisedly secretly and traiterously and with Force and Arms c. with one Robert Charnock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Sovereign Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entry into this Kingdom of England to join and unite Rebellion and War against him our said Lord the King within this Kingdom of England to make levy and wage him our said Lord the King so as aforesaid to Depose and him to Kill and Murder and moreover with the said false Traytors the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir John Friend and the same other Traytors unknown unto and into the Kingdom of France in parts beyond the Seas unto James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises unto the said late King James the Second and the said other Enemies and their Adherents to give and exhibit and them to inform of other particular things and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and the same to you the said Sir John Freind and the said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Lord the King that now is in the War aforesaid and to incite and procure those Enemies the more readily and boldly to Invade this Kingdom of England and the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir John Freind aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform you the said Sir John Freind during the War aforesaid so as aforesaid continued to wit the same first day of July in the abovesaid Seventh Year of the Reign of our said Lord the King that now is at London aforesaid in the Parish and Ward aforesaid falsly and traiterously did procure and obtain to your self and did receive and accept of a certain Commission or Writing purporting it self to be a Commission under and from the aforesaid James the Second late King of England to constitute you the said Sir John Freind to be a Collonel of Horse in the Army by you and the other false Traytors against our said Lord the King that now is within this Kingdom of England to be levied and formed and in pursuance of the said pretended Commission by you the said Sir John Freind so obtained and accepted of and your Treasons and all your Traiterous Intentions aforesaid the sooner to execute perform fulfil and perfect You the said Sir John Freind afterwards to wit the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously Advisedly Secretly and Traiterously Divers Soldiers and Armed Men and ready to be Armed with Force and Arms c. To Raise and List and War and Rebellion against our said Lord the King within this Kingdom of England to make and wage And to and with the said Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to invade this Kingdom of England at and upon their Invasion and Entry into this same Kingdom then shortly expected to be made Themselves together with You the said Sir John Freind to join and unite and in Troops and Legions to form did Raise List and Retain and did procure to be Raised Listed and Retained And divers Sums of Money in and about the Raising Listing and Retaining of the aforesaid Soldiers and Men Armed and ready to be Armed upon the Account aforesaid upon the aforesaid First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously and Traiterously Did give and pay and cause to be paid And those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and long after you had in readiness As also the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward
aforesaid Divers Horses and very many Arms Guns Carbines Pistols Swords and other Weapons Ammunition and Warlike Things and Military Instruments Falsly Maliciously Secretly and Traiterously You did Obtain Buy Gather and Procure and cause to be Bought Gathered Obtained and Procured and in Your Custody had and detained to that Intent to use the same in the said Invasion War and Rebellion against our said Sovereign Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Command of this Kingdom of England to Depose Cast Down and Deprive and Him to Kill and Murder and all the Treasons Intentions Contrivances and Purposes of You the said Sir John Freind as aforesaid to fulfil perfect and fully to bring to Effect Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity As also against the Form of the Statute in this Case made and provided What say'st thou Sir John Freind Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Freind Not Guilty my Lord. Cl. of Arr. Culpritt How wilt thou be Tryed Freind By God and my Country Cl. of Arr. God send thee good Deliverance Freind I don't know any thing of it I am as Innocent as the Child unborn The Warrant for the Habeas Corpus was Signed by the Lord Chief-Justice Holt and delivered to the Prisoner who sent it away to the Crown-Office by his Sollicitor to get the Writ sealed Freind My Lord I have something to move if your Lordship please to hear me and the rest of my Lords the Judges That if any matter of Law do arise upon my Trial I may be heard by my Councel that you may not destroy me without Law L. C. Just Holt. Look you Sir John Freind if any matter of Law do arise at your Trial and you will tell us what that matter of Law is and the Court see that it is a matter of Doubt we can and ought and no Question shall assign you Councel but that is time enough when such matter does arise Freind My Lord It is well known to your Lordship and all the Court that I am not a Lawyer but I hope as you are of Councel for the King as Judges of Law so you will be of Councel for me for I am not a Lawyer and cannot know whether any matter that arises be Law or no and therefore I humbly beseech your Lordship to be so just and kind as to tell me whether it be Law or not Law and I submit my self to your Lordship's direction L. C. Just Holt. Sir John Freind We are bound to tell you when any thing of that Nature appears before us and to let you have all the benefit of the Law that possibly you can have for we are obliged to be indifferent between the King and you Freind My Lord I don't question it I desire also I may have Pen Ink and Paper L. C. Just Holt. Yes yes by all means And he had them Cl. of Arr. Cryer Make Proclamation 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 at the Bar who have been called and made Default answer to your Names and save your Issues Then the Defaulters were call'd over Cl. of Arr. You the Prisoner at the Bar these Men that you shall hear call'd and personally appear are to pass between our Sovereign Lord the King and you upon Trial of your Life and Death If therefore you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn before they be sworn Cryer Call Thomas Clerk Freind Pray Sir How many may I challenge L. C. Just Holt. Look you Sir John you may challenge that is except against 35 without shewing any Cause If you don 't like them to be of the Jury you may refuse them and as many others as you have Cause to except against Freind My Lord I humbly beseech you that because perhaps I may mistake in numbring that I may have timely Notice before the 35 be excepted against or else it may occasion me a great deal of prejudice L. C. Just Holt. Sir The Clerk shall take care of that he shall inform you how Many you Challenge and you shall receive no prejudice of that kind or by any slip in point of Form Cl. of Ar. Cryer call Thomas Clark who appeared Fr. Pray Sir must not I see the Gentleman L. C. J. H. Yes yes by all means he was shewn to him Fr. You may Swear Mr. Clark I do not except against him I desire but Honest Gentlemen and I shall come off I warrant you I am as Innocent as the Child unborn L. C. J. H. Swear Mr. Clark Cl. of Ar. Hold him the Book which was done look upon the Prisoner you shall well and truly Try and true deliverance make between our Soveraign Lord the King and Prisoner at the Barr whom you shall have in Charge according to your Evidence So help you God Cl. of Ar. Nathan Green Fr. I except against him Cl. of Ar. Thomas Emms. Fr. I accept him for a Juryman I have nothing to object against him he was Sworn Cl. of Ar. Francis Byer Fr. Pray let me see him he was shewn to him I do except against him I Challenge him Cl. of Ar. Benjamin Dry. Fr. I except against him Cl. of Ar. James Demew Fr. I accept him I have nothing to say against him I would have him to be a Juryman Mr Demew My Lord I am not a Freeholder L. C. J. H. Sir John Do you Challenge him peremptorily or do you Challenge him for Cause Fr. My Lord I don't Challenge him at all I accept of him Mr. At. Gen. If he have no Freehold we that are for the King will except against him for I would not have any body that is a Freeholder serve upon the Jury Cl. of Ar. Henry Hunter Fr. Pray my Lord is this Gentleman that was called before laid aside He is not one that Challenge L. C. J. H. No no he is Challenged by the Kings Council as no Freeholder Fr. Then he is only set aside I suppose I speak it for this Reason I would not be mistaken in my number L. C. J. H. Care shall be taken of all that he is not to reckoned as one that you Challenged he is Challenged for want of Freehold by the King's Council Cl. of Ar. What say you to Mr. Hunter Fr. I accept of Mr Hunter let him be Swore which was done Cl. of Ar. John Cox Mr. Cox My Lord I have no Freehold in London Mr. At. Gen. Then let him be set aside Cl. of Ar. George Bodington Fr. I except against him Cl. of Ar. John Hedges Fr. I except against him Cl. of Ar. You Challenge him Sir do you Fr. Yes
Charge is to enquire Whether he be Guilty of the High-Treason whereof he stands Indicted or Not Guilty if you find him Guilty you are to enquire 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 enquire if he fled for it if you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is brought against Sir John Friend the Prisoner at the Bar for associating with and aiding the King's Enemies with a Design to procure an Invasion from France and to raise a Rebellion within this Kingdom and this was to Depose the King and Restore the late King James and in order to the effecting these his wicked purposes the Indictment sets forth That the first of July last he did Meet and Consult and agree with one Mr. Charnock a Gentleman since Tryed Convicted and Attained of High Treason how they should procure an Army from France to come and Invade this Kingdom and should Raise a sufficient number of Men to Facilitate the Landing of the French and the Indictment particularly charges the Prisoner at the Bar with sending Mr. Charnock into France to the late King James to acquaint him with the Design and to Desire him to procure a great number of Forces from the French King to come here and Land within this Kingdom And the Indictment does likewise charge him with procuring and Receiving a Commission from the late King James to Constitute him the Prisoner at the Bar a Collonel of Horse and likewise with laying out and expending and paying several Sums of Money in Listing and Keeping Soldiers and Men in pay under him which was to be in his Regiment and with laying out several Sums of Mony in buying Arms and Horses for this Invasion and Rebellion that was thus Designed to be made and Raised within this Kingdom To this Gentlemen he has Pleaded not Guilty we shall call our Witnesses and prove the Fact and we do not doubt but you will find him so Friend Prove this if you can it cannot be Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at Bar Sir John Friend stands Indicted of High Treason in Compassing and Imagining the Death of the King and likewise in Adhereing to the King's Enemies Gentlemen the Overt Acts laid in the Indictment to prove this Treason are these That the Prisoner at the Bar did accept a Commission from the late King James to Raise a Regiment of Horse in this Kingdom in order to joyn with the French when they Invaded it and there were several Meetings and Consultations between him and several others whom you will hear named by the Witnesses upon which it was Resolved to send a Messenger one Charnock into France to desire the late King James to prevail with the French K. to get a number of Men in all 10000. with an Assurance that they would Assist him with a number of Horse when he came and in pursuance of this Design the Prisoner at the Bar did raise Men and pay some Summs of Money for their subsistence and Listed and had them in Readiness and provided Horses and Arms. These are the Overt-Acts laid in the Indictment the Evidence that will be produc'd to you to prove this Treason and these Overt Acts will be in this Manner Gentlemen you will see by the Evidence that there has 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 armed Force here to subdue this Kingdom The Prisoner at the Bar Sir John Friend I think about Two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse There were several other Commissions sent likewise but one was sent to the Prisoner which he accepted of and in pursuance of it he appointed several Officers and Listed several Men for that Purpose and expended several Summs of Money for the raising and subsisting of them Gentlemen you will hear that his Lieutenant-Colonel was to be one Blaire and his Major was to be one Slater and this Slater's Father was a Clergy-Man and he undertook to bring in a Troop of Clergy-Men that had refused to take the Oaths One of his Captains was one Evans one Richardson was another and there were several other Officers whom you will hear named by the Witnesses that were appointed and ingag'd to make up the Regiment Gentlemen you will hear farther by the Witnesses that about May or June last they having rais'd a considerable Number of Men there were several Meetings had between the Prisoner at the Bar and several other Persons in order to send some Person over to get Forces from France to Invade this Kingdom The first Meeting that you will hear of was at the Old King's Head-Tavern in Leaden-Hall-Street and there were present the Prisoner at the Bar my Lord of Aylesbury my Lord Montgomery Sir John Fenwick Sir William Parkins Mr. Charnock who was lately Condemned and Executed for the Design of Murdering the King Mr. Porter and one Cook At that Meeting you will hear what their Debates were and what their Resolutions after several Debates who they should send they resolv'd to send Mr. Charnock to go into France to desire the late King James to get 10000 Men of the French Troops to land upon our Coasts about 8000 Foot and the rest Horse and Dragoones And they did Impower him in their Names to assure the late King James that they would when ever he Landed with his French Troops be ready to assist him with near Two Thousand Horse among them Upon this Gentlemen Mr. Charnock undertook to go upon this Message But about a Week after they met again for he was unwilling to go upon such an Errand without having a full Resolution and Assurance from these Gentlemen that were thus Engag'd that he might satisfie the late King what they would certainly do So they met again about a Week after and that was at a Tavern in St. Jame's Street near Sir John Fenwick's Lodgings one Mrs. Montjoyes there was the Prisoner at the Bar my Lord of Alesbury and most of the same Company that were at the Meeting before And Mr. Charnock desired to know if they did agree to what had been Propos'd and Resolv'd on before for he was unwilling and did not care to go without a full Assurance of the performance They did all agree and desir'd that he would go with all Speed and that he should assure King James they would be ready to meet him if they had Notice
Prison Captain Blair has upon his Oath declared that he did not go so far as to say he did any thing against his Conscience but only Courtney bid him take care what he swore and prest him no further He pretends he came casually into Blair's Chamber but it is plain he intruded into his Room for it is sworn by the Jaylor and Blair himself that he had given directions none should come into his Room but his Wife so that does not discountenance the evidence of Blair at all and if you do believe what our Witnesses have said Captain Porter and Captain Blair then Sir John Friend is guilty of all the Crimes that are charged upon him in this Indictment and I hope you 'll be so just to your Prince to your Country and to your Selves as to find him guilty accordingly Mr. Cowper If your Lordship pleases to spare me a word on the same side My Lord I do not trouble your Lordship out of an apprehension that there is any thing necessary to be said to the Court in this matter or for the satisfaction of the Jury but if possible that we might convince the Prisoner at the Bar that he has had no hard measure in this prosecution meeted to him but that he is proved guilty of the Crime of which he stands accused and that really there is no weight at all in the defence which he has made The first part of it goes to discredit one of our Evidences Captain Blair from some discourse that he would object to have pass'd between him and the person here produced in the Prison of the Gate-house And the first part of that discourse was upon Blair's first coming into the Prison and as to that time the objection amounts to no more than this that Captain Blair would not confess when he was pump'd by a fellow Prisoner that he was engaged in so horrid a design what weight there is in such an objection truly I cannot see but will leave it to any mans judgment to consider That a man when he is freshly taken upon such an occasion does not immediately confess his guilt to every body that meets him nay to persons that would not have lik'd him for making such a confession but perhaps would have destroyed him in Prison for so doing The other discourse was upon Friday the next day I think before Captain Blair went to Hick s-hall to his examination and then he intrudes himself into Blair's Chamber when he lay very ill upon the Bed and accosts him with a cup of Brandy in his hand and with good advice at the same time that he should take great care in what he should say at Hick's-hall and the like and then Captain Blair it seems did express some reluctancy in the thing he was going about as if it were against his mind and inclination If that were true tho Captain Blair denys it positively upon his Oath yet it was no more than I am willing to observe for the Prisoner Captain Blair did express here when he first came into Court and it is no more than what is natural since the Prisoner had been his friend and intimate and he was going to Depose that against him which was likely to prove fatal to him My Lord as to another part of his Defence it consists chiefly in this the Evidence brought to prove that the Kings Witnesses are reputed Roman Catholicks and that the Prisoner is a reputed Protestant of the Church of England If that be true too all that can be rationally and fairly collected from thence is this that they the Witnesses I mean when they engaged in such a black and execrable design might be very good Papists but I am sure it will be agreed that the Prisoner in so doing was a very bad Protestant My Lord he objects to their Evidence this likewise that if they be Papists they may be absolved by the Pope or their Priests tho they should swear falsely Possibly that may be so for ought I know I confess I am not very well acquainted with the principles of that Religion but this I dare say that every one who has heard what has been sworn by them will think it so great a disservice to the Popish Cause and Interest that it will be one of the last things their Priests will ever absolve them of My Lord there 's another matter the Prisoner has thought fit to insist upon he has brought two or three Clergy-men to Depose that whenever he discoursed with them it seems at all times he was talking about being in a Plot and very readily told his resolution not to be in any It seems it still swom uppermost his professions were made very causelessly for they all say nothing introduc'd 'em but of his own meer motion he was always declaring he was not then in a Plot nor ever would be I have heard that one way weak Men and Children often discover their knowledge of a secret intrusted to them is by a repeated and unnecessary declaring that they know nothing of the matter My Lord in the next place for his defence he just offered a point of Law but the Court so well satisfied him in that that I think he waved it He alleged that a bare Conspiracy to levy War is not Treason and the Court did him right in declaring as God forbid but they should that it is not Treason but I desire the Gentlemen of the Jury would consider that the Prisoner at the Bar is not accused barely of a Conspiracy to levy War but you are told to what end that war was to be levied to joyn the late King upon his descent into this Kingdom with a French power in order to drive his Majesty out of the Kingdom and depose him from the Crown which is a killing him in the eye of the Law and that is High Treason by whatever means they intended to effect it whether by War or a Stab or any other manner it is indifferent In the next place my Lord I would take notice of another part of this defence which had been better let alone wherein he admits that he was present at the 2 meetings he is accused to have been at by Porter but he only differs in one point that there was nothing talk'd then but general and indifferent discourse The Witnesses have sworn what the discourse was and you will weigh the one against the other his affirmation of a thing unlikely in defence of himself and what is deposed upon Oath by the Kings Witnesses to the contrary My Lord there is one thing more I would take notice of and that is the Evidence of Bertram which we do not produce as a direct Evidence against the Prisoner at the Bar but as a confirmation of what was sworn by Blair And it does shew that the matter sworn by Blair was not of late devised out of malice or otherwise to destroy the Prisoner for that Blair acquainted Bertram with and
discoursed him about the principal matters of fact that are now sworn at least 2 years ago and besides his Evidence and the Evidence of Blair concur in this particular that he was to be Lieutenant in Blair's Troop My Lord such a concurrence of Evidence and other Circumstances in this matter greatly increase the weight of the proof against the Prisoner especially when there is nothing material alledged by him in his defence and therefore I shall trouble your Lordship no further L. C. J. Holt. Look ye Gentlemen of the Jury Sir John Friend the Prisoner at the Bar is Indicted for High Treason The Treason that is mentioned in the Indictment is Conspiring Compassing and Imagining the Death and Destruction of the King To prove the Conspiracy and design of the Kings death there are two principal Overt Acts that are mainly insisted upon The one is the consulting and agreeing with diverse others to send Mr. Charnock into France to King James to desire him to perswade the French King to send over forces here to assist them who were to furnish other forces for the raising of a War within this Kingdom in order to Depose the King and accordingly Mr. Charnock was sent upon that design The other Overt Act is the Prisoners having a Commission from the late King and preparing and directing men to be levied and to be ready to be in a Regiment of which Sir John Friend was by that Commission to be Collonel and this was also to assist in the Restitution of King James and in order thereunto in the Deposing and expulsion of King William These Gentlemen I tell you are the two Overt Acts that are principally insisted upon and to prove Sir John Friend Guilty of these there are two Witnesses that have been produced the one is Captain Porter who speaks to the first the other is Captain Blair who speaks to the second Captain Porter tells you that the latter end of May or the beginning of June last that he and Sir John Friend and others that he mentioned were at the Kings-head Tavern in Leadenhall-street and there they entered into a discourse about the Returning of the late K. James and they did consider among themselves which was the most effectual way and what were the most probable means to have him Restored and thereupon it was agreed among them that they would send a Messenger into France to him to desire him that he would sollicit the French King to furnish him with 10000 men to be sent into England 8000 Foot 1000 Horse and 1000 Dragoons and they did agree that when these forces were sent consisting of this number of men then they would be ready to meet and joyn them with 2000 Horse every one of them was to furnish his quota to which Sir John Friend did expressly agree The Messenger that they agreed to send was with them in company and heard the Consult which was Mr. Charnock who was lately Tryed and since Executed This being at that time determined Mr. Charnock intended to go upon the execution of that design and made ready for his Journey but before he went he had a desire to meet with the company again and have a further discourse upon this matter to see whether they did persevere in the resolution they had so taken There was another meeting about a week or a fortnight after which was at Mr. Montjoy s a Tavern in St. James's-street where met Sir John Friend Captain Porter and divers others of the Company that were before at the Kings Head And there they entered into a debate of the matter again the question there was whether Mr. Charnock should be sent into France as it was formerly agreed and there it was again determined he should go to which he agreed and Captain Porter says that he did go about 2 or 3 days after Mr. Porter tells you further that about the time that Mr. Charnock came back Mr. Porter was in Prison and he did not see him upon his first return but afterwards he met and spoke with him and askt him what was the effect of his Negotiation and Mr. Charnock told him that he had done as he was directed that he had been with King James and he had spoke to the French King but the answer returned was this that the French King had occasion for his Forces that year to be otherwise imployed and therefore he could not furnish such a number of men that year and Mr. Porter askt him whether he had been with the rest of the Gentlemen and acquainted them therewith and he said he had This is the substance of Mr. Porter's Evidence whereby you may perceive what the meetings were for what resolutions were there taken and what was the issue and effect of them The next Witness is Captain Blair and his Evidence goes to the other part that is to Sir John Friend s having a Commission from the late King James and engaging him and others to be in his Regiment whereof Sir John was to be Collonel and the providing of Officers And for that the Evidence stands thus Captain Blair tell ye that about two or three years ago he was with Sir John Friend at his Lodgings in Surrey-street and there he did produce a Commission that he had from King James to be Collonel of a Regiment of Horse he was to raise it himself and was to appoint and provide what Officers he thougt fit He says he read the Commission and it was signed at the top James Rex and countersigned at the bottom Melfort this he is positive in and further that Sir John Friend did promise that he should be Lieutenant Collonel of this Regiment and also desired that Captain Blair wou'd get as many men as he could and that there were other Officers that were appointed in that Regiment and particularly one Fisher was brought to Sir John Friend by Captain Blair to be his first Captain and one Collonel Slater who was much in favour with Sir John Friend was to have been another Lieutenant Collonel for said Sir John Friend I have a mind to him to be my Lieutenant Collonel and tho you are so too yet it is no matter if we have two in this Regiment at which Captain Blair took very great offence and exprest as much to Sir John Friend whereupon Sir John Friend told him it should not be so but said he would make another Provision for Mr. Slater that he should be a Captain of an Independant Troop that shall be composed of Non-swearing Parsons and that shall satisfy him And Sir John Freind did intrust Capt. Blair with the providing of Men and managing of them And Capt. Blair tells you he was at a great deal of charge and laid out diverse Summs to caress them and keep them together and wanting Money to proceed in that Affair he came to Sir J. Freind and made great Complaints that he wanted Money to carry on the Design by obliging the Men to keep