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
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
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