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
Gen. What Commission was it Sir Capt. Blair It was a Commission from King James to Sir John Freind Mr. Attorn Gen. Where did you see it Sir Capt. Blair I saw it in his Lodgings at the Strand when he lived near the Strand in Surrey-street Mr. Attorn Gen. Who shew'd it you Capt. Blair He shew'd it me himself Mr. Attorn Gen. What was it for Capt. Blair It was for raising a Regiment of Horse Mr. Attorn Gen. When was it that you did see it how long ago was it Capt. Blair It is well near two years ago or thereabouts as I remember Mr. Attorn Gen. Who was to have been Colonel of that Regiment Capt. Blair He was nominated to be Colonel of it himself in the Commission L. C. J. Holt. Who was the Commission directed to Capt. Blair It was directed to him to Sir John Freind L. C. J. Holt. Well and what was done upon it who were to be the Officers Capt. Blair He promised me to be his Lieutenant Colonel and I had the same from Mr. Harrison and there were several Letters that I saw that came from my Lord Melford and Secretary Caroll who were with King James Mr. Attorn Gen. What other Officers were there appointed Capt. Blair There was one Richardson was to be one of his Captains and there was one Mr. Fisher was to be another and one Hall another Fisher was to be his eldest Captain and one Capt. Evans was to be his Captain Lieutenant and one Capt. Vernatti was to be another Mr. Attorn Gen. Do you remember who was to be his Major Capt. Blair No Sir I think I cannot be positive as to that I spoke to Capt. Barnesley that had been a Lieutenant in King James's Service to be a Lieutenant and sometimes he accepted and sometimes he refused it Mr. Attorn Gen. Pray What did you do as Lieutenant Colonel upon this matter Capt. Blair I endeavoured all I could to get Officers for them and to raise Troops I endeavoured to get what men I could my self Mr. Sol. Gen. Pray what did you do what Officers did you procure for him Capt. Blair I told you Vernatti and Fisher and one Mr. Hall that lives at Deal Mr. Att. Gen. What Troopers did you get under you Did you engage any to serve under you Capt. Blair What I my self Sir Do you mean Mr. Attorn Gen. Yes I do Capt. Blair Yes Sir I did Mr. Att. Gen. Can you name any of them Capt. Blair Yes if I make use of my Paper Mr. Sol. Gen. You may make use of your Paper to refresh your memory Capt. Blair There is a Paper of Names that I gave in before the Council L. C. J. Holt. Mr. Baker have you his Paper there let him see it to refresh his memory Mr. Baker I have none of the Papers my Lord they are all sent before the Council Mr. Attorn Gen. Pray Sir can you tell who was to have been your Lieutenant in your Troop Capt. Blair One Mr. Bertram Mr. Mountague You say Sir you were constituted Lieutenant Colonel pray who constituted you and made you so Capt. Blair I had only a promise of it from Sir John Freind Mr. Attorn Gen. Pray did you lay out any Moneys for Sir John Freind or did he ever pay you any Money afterwards Capt. Blair Yes I have had several small Sums of Money from Sir John Freind Mr. Attorn Gen. Pray what was it for Capt. Blair It was to Drink with the men that belonged to the Regiment and Encourage them Mr. Attorn Gen. Pray did Mr. Piggott pay you any Sums of Money and by whose order Capt. Blair Yes he paid me first 20 l. and afterwards he paid me another 20 l. Mr. Attorn Gen. By whose Order was that Sir Capt. Blair It was by the Order of Sir John Freind Mr. Attorn Gen. Pray Sir how do you know that Sir John Freind ordered him to pay it you Capt. Blair Because it was the Money that Piggott had received to repay Sir John Freind what he had advanced for the furthering of Parker's Escape out of the Tower Mr. Attorn Gen. How do you know that he advanced any Money for procuring Parker's Escape Capt. Blair He told me so himself Mr. Attorn Gen. How much did Sir John Freind say he had advanced for that purpose Capt. Blair He told me 100 l. Mr. Attorn Gen. How did he tell you he was to be paid it again Capt. Blair He told me that King James ordered the payment of it at France when Piggott went over which was immediately afterwards and I had of that first 20 l. and afterwards 20 l. by the order of Sir John Freind Mr. Sol. Gen. Pray Sir did Sir John Freind tell you what Piggott had received in France Capt. Blair Yes he said Piggott had received 100 l. in France and he did not pay it him but if I could get 20 l. of him he would allow it Mr. Attorn Gen. Pray about what time was it that the first 20 l. was received Capt. Blair I have set it down in my Paper there it is Mr. Attorn Gen. But can't you tell about what time it was Capt. Blair It was about last May or June the first 20 l. was paid Mr. Attorn Gen. When was the last 20 l. paid Capt. Blair It was after I was sick about Michaelmas Mr. Cowper Pray Sir who was by when the last 20 l. was paid Capt. Blair Mr. Piggott paid me the last 5 l. of it for I received it at several Payments from Mr. Piggott but the last 5 l. was before Sir John Freind at Jonathan's Coffee-House Mr. Sol. Gen. Pray do you know any thing of Sir John Freind 's receiving any Letter from King James Capt. Blair Yes he told me he had a Letter from King James Mr. Sol. Gen. How long ago was that Capt. Blair Truly I can't tell Mr. Sol. Gen. I don't ask you the precise Day but was it within a Twelve-month Capt. Blair Yes I believe it might be thereabouts Freind My Lord I desire he may speak out for I don't hear half he says L. C. J. Holt. Repeat it to him again Capt. Blair Sir you told me you had received a Letter from King James Sir John Friend My Lord I shall answer to this all afterwards Mr. Sol. Gen. Pray had you at any time any Discourse with Sir John Friend about one Slater Capt. Blair Yes I had Mr. Sol. Gen. Pray tell what that was Capt. B. He told me he was to bring him in several Officers and that he had intended to make two Lieutenant-Colonels whereof Captain Slater was to be one but when he saw I was not satisfy'd with that he said he should Command a Troop of Non-swearing Parsons and they should be an Independent Troop Mr. Sol. Gen. You say that Slater was to Command that Troop Capt. B. Yes and it was to be an Independant Troop Mr. Att. Gen. I think you say that he and you met at Jonathan's Coffee-house Capt. B. Yes
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
And you can't expect your own Denyal should go for proof If you will ask him no more Questions let him go down and ease himself Friend He must not be askt whether he is a Papist but I hope you 'l take notice Countrymen that these Witnesses are Papists and they think they merit Heaven by swearing against Protestants whom they call Hereticks L. C. J. H. Indeed Sir John I Don't hear you pray speak so loud that the Court may hear what you say Frind I will my Lord I say he is a Roman Catholick and I have Witnesses to swear he is so and Desire I may prove that he is a Roman Catholick and therefore he is not to be heard against a Protestant Mr. Att. Gen. Then the next Witness we call is Mr. Bertram who was sworn Friend But I have not done with Mr. Porter L. C. J. H. Well you shall have him by and by let the Kings Councel go on in their Method Mr. Att. Gen. Pray Mr. Bertram do you know Capt. Blair that was here just now Bertram Yes Mr. Att. Gen. How long have you Known him Bertram About Eight or Nine Years Mr. Att. Gen. What discourse have you had with him about any Regiment that was to be raised for the late King James Bertram Capt. Blair had told me for two Years last past that Sir John Friend was to have a Regiment of Horse that were to be raised and lye posted about the Town and Capt. Blair was to be the Lieutenant-Colionel to the Regiment and I was to be Leiutenant to Captain Blair in his Troop Mr. Att. Gen. My Lord we only call him to Confirm what Captain Blair has said that he was to be his Leiutenant and that this was talked of two Years before Did he tell you Sir John Friend was to have a Regiment of Horse Bertram Yes Sir and he Oblidged me to bring in as many Men and Horses as I could into this Regiment and he told me Captain Fisher Captain Vernatti and Captan Cole were to be Captains in the Regiment L. C. J. H. And what were you to be Bertram A Lieutenant L. C. J. H. To whom Bertram To Captain Blair he has told me so several times and talked to me about the affairs of the Regiment a great Deal that I cannot now Remember relating to that purpose L. C. J. H. This is no Evidence against Sir John Friend he is only called to Confirm the testimony of Captain Blair that Blair spoke of it long before he gave his Evidence and so it is not a new thing now Invented by him Mr. Sol. Gen. Sir John Friend did ask what Men he had Ingaged and among others he named this Mr. Bertram to be his own Lieutenant and he now tells you Blair promised him so to be two Years ago and then told him Sir John Friend was to have a Regiment Friend Do you know me Sir Bertram No Sir I never was in your Company in my Life I only tell you what I have heard from Captain Blair I do not Know that ever I saw your face L. C. J. H. His Evidence Sir John Friend hurts you not as to any particular thing that he Knows against you he is only brought to Confirm what Captain Blair said that he was to be his Lieutenant in his Troop M. Att. Gen. Then my Lord we leave it here L. C. J. H. Look ye Sir John Friend the Kings Councel have done and now you may speak and say what you have a mind to say in your own Defence Mr. J. Rok And call what Witnesses you have a mind to call Friend My Lord In the first place I desire to Know whether Mr. Courtney is come L. C. J. H. Your Solicitor can best tell that Friend I perceive he is not come L. C J. H. Well go on I suppose he will not be long before he comes we will stay for him Friend My Lord I must wait for my Witness But in the mean time as to Mr. Porter's Evidence I own I was at the meeting at the King's Head in Leaden Hall Street I declare I was at that place and there were some Gentlemen there but how many or whom I cannot say but I Declare there was not one word spoken there of any raising of men nor any thing of that nature that he speaks of but only we were Drinking a Glass of Wine and eating a Dish of meat together and Sir John Fenwick at that time comming in said to us I Desire you to come to our end of the Town and take a Dish of meat with us And there was nothing spoke of any thing relating to the Government Gentlemen these are Papists and I am a Protestant they Don't care what they say for they think they merit Heaven by Destroying Protestants and they are not to be believed and that is the reason that I was not to ask them the Question for by Law they are not Witnesses and for that I appeal to your Lordship L. C. J. H. Why are they not Witnesses Fri. Nay I appeal to your Lordship L. C. J. H. Truely I think they are Witnesses I know nothing to the Contrary Fri. My Lord Papists are not good Witnesses against Protestants for this reason ha t I shall tell you I am advised my Lord that a Papist is not a good Witness to prove a Protestant a Traytor within the Stat. of 25. of Ed. 3. L. C J. H. Who says so Friend My Lord I Desire to know whether there is such a Statute L. C. J. H. Yes no Doubt of it there is such a Statute as that of the 25. Ed. 3. about Treasons Friend Pray my Lord does not that make it so L. C. J. H. No indeed I know no such thing Mr. Sol. Gen. That cannot be my Lord that any such thing should be for all were Papists then there was no such thing as a Protestant in the time of Ed. 3. Friend My Lord there is the Statute of the third of James the first Cap. 4th and other Statutes made in the time of King Charles the second particularly in the 30th Year of his Reign Cap. 2d Whereby it is plain they are not to be believed against Protestants because they believe them Guilty of Damnable Heresie and by those Statutes they are reputed Infamous L. C. J. Where is your Statute Friend My Lord I have no Statute-Book I desire it may be Inquired into this advise was given me by my Lawyer I am no Lawyer my self there is the Statute of 3. James the first Cap. 4. and the next is 30. Car. 2. Cap. 2. L. C. J. Holt. Well the Statute-Book shall be looked into Friend My Lord the person is not come who is to give Evidence against Capt. Blair the principal Witness he is a Prisoner at the Gate-house and your Lordship was pleased to say you would have patience till he came L. C. J. Holt. Yes yes we will stay a while Friend I pray my Lord do for it
will be very material for me L. C. J. Treby Have you any thing to fill up the time with in the mean time Then William Courtney Appeared L. C. J. Holt. Is your Sollicitor Returned with this Habeas Corpus Friend I believe he is in or about the Court but I cannot get him to me the Crowd is so great After much ado Courtney came in L. C. J. Holt. Is this the Witness you wou'd have Friend Yes my Lord it is L. C. J. Holt. Then what do you say to him Friend My Lord must I ask him the Questions L. C. J. Holt. Yes you must propose your Questions to the Court and they will ask them of the Witnesses If this be the Person you speak of you had best examine him Friend Mr. Courtney I desire you would speak what you know of Capt. Blair Courtney Gentlemen I have been a Prisoner in the Gate-house about a Month and while I was there Capt. Blair at the same time came in as a Prisoner as mentioned in the Proclamation being my old Acquaintance I was in Bed being in upon some other accounts and when they told me Capt. Blair was brought in I desired him to come into my Chamber I told him I was sorry to see him there I told him I hoped he was none of those concerned in this Plot he said he was in the Proclamation but that he was Innocent and knew nothing of the Plot nor of the Assassination nor any thing like it there was several other persons in that place at the same time and he said he was as Innocent as the Child unborn Friend Did he mention any thing of me then Courtney At that time he said nothing of you Friend Pray Sir do you believe he is a Roman Catholick Courtney I do not know his Religion indeed Friend But don't you know him to be a Roman Catholick Courtney He bore the Character of one but I never saw him at any Church Mr. J. Rokeby Pray Sir how long have you known Capt. Blair Courtney By sight I have known him 6 or 7 Years Mr. J. Rokeby Pray upon what account did you call him Captain Courtney It was a common Name among all the Company he was called so L. Ch. Just Holt What all the time that you knew him Courtney Yes all the time that I knew him I knew no other Name that he had Friend But did not you hear that he was reputed to be a Roman Catholick Courtney Yes I have heard that Character of him among those that I have known but I have very little knowledge of his Religion L. Ch. Just. Holt Is this what you can say Courtney There are several others that were witnesses of this as well as I I never saw you Sir John Friend before in my Life to my knowledge nor ever spoke to you Friend Sir a Note was sent to me that you could do me some Service and that was the reason I sent for you I desire Mr. Carpenter Mr. King and Mr. Payne may be called L. Ch. Just Holt Have you done with this Man then Friend Do you know Captain Porter Sir Courtney Yes I do Sir Friend Sir do you know him to be a Roman Catholick Courtney Sir I have heard that he has such a Character L. Ch. Just Holt What Character has he Courtney That he is a Roman Catholick L. Ch. Just Holt That 's only by hear-say Friend My Lord I have done with this Man L. Ch. Just Holt If you have done with him then the Keeper may carry him back again Courtney Sir I have something else to say Friend My Lord he says he has something else to say L. Ch. Just Holt Then set him up again which was done Well Sir what is it you have more to say Courtney Two or three days after that time there was a Prisoner then in the Gate-house who was an Ensign in the Army was reading the Flying-Post in my Chamber and in that Flying-Post there was News that Captain Blair was making a great Discovery and that he had accused Sir John Friend for having receiv'd a Commission for a Regiment in which he was to be Lieutenant Colonel and said a great deal about that Regiment how he had receiv'd Subsistence Money for them from Sir John Friend A little after Capt. Blair came into the Room and asked me if I had got the News I told him yes and Captain Blair then askt what was the import of it I told him it was there that he was making a great Discovery and particularly that he was to be Lieutenant Colonel to Sir John Friend and had received Subsistence Money from Sir John Friend for the Men of the Regiment Captain Blair answered That they might put what they would in the News but he knew nothing of it nor did not receive any Money and this was a great surprize upon me and upon those others that heard him when we were told he was to be the main Evidence against Sir John Friend Friend Well Sir do you know any thing else Courtney Captain Blair was bemoaning himself afterwards that he went against his Conscience in this thing and his Wife told me that he was very much concerned because he was going to do this against his Conscience and she was sure it would break his Heart Friend Do you know any thing more Courtney And he told me in his Chamber upon Friday Night last about Nine a Clock I came to see him he lay upon his Bed very ill and his Wife was with him I asked him how he did and he clapt his Hands and said he was very ill Pray said I what ails you Sure you have gotten some very great Cold. Oh! no says he Life is sweet I don't know what it is I ail but were it not for Life I should never do what I do L. Ch. Just Holt Did he tell you he went against his Conscience Courtney His Wife and he spoke at first that he went against his Conscience and he believed his Conscience was in a miserable State and this I spoke innocently among some of the Prisoners and I did not know that it was taken notice of but it seems some Body has acquainted Sir John Friend and so I am brought here I know nothing of being a Witness I assure you Mr. J. Rokeby Pray who were present when this Discourse was between you and Blair you say there were two other Persons present when this Discourse was between you and Captain Blair and his Wife who were those two Persons Courtney What Discourse do you speak of my Lord L. Ch. Just. Holt You said there were two Persons in your Chamber Courtney Does your Lordship mean at the reading of the Flying-Post L. Ch. Just Holt Yes Courtney My Lord this Gentleman that I was speaking off was lying down upon the Bed and Captain Blair came into my Room just after the News was read and askt me if I had got the News I told him yes he askt what
an Irish man born Mr. Att. Gen. Have you any Estate in Ireland Courtney No Sir I have not Mr. Sol. Gen. Pray how came you to go to Mr. Blair Courtney I have known him a long time I have been often in his Company at the Coffee-house I cannot say I am intimately acquainted with Captain Blair but only as I have seen him in the Coffee-house a great many times Mr. Sol. Gen. But I ask you how you came to go to him because it seems he desired no body should come to him but his Wife Courtney He may say what he pleases for he lay first in one Room and then in an other and he could never go to the Necessary House but he must go thorough my Room but if you please to send for Mr. Tooley and Captain Courtney they will say and Swear that these things past in their presence or to the same purpose Except what past between him and me in his own Chamber Ensign Tooley did read the paper of the Flying-Post and as for what he said of his knowing nothing of the Plot it was talkt of up and down in the Prison and so it came to me and I Invited him into my Chamber as my old acquaintance though I was not very familiar with him and as he declared he knew nothing of the matter L. Ch. Just Holt You hear what he says Captain Blair did you tell him you knew nothing of the Plot. Cap. Blair Yes I believe I might at first as we were talking when I first came in and I told him the Truth For I was innocent as to the Assassination for indeed I was so And as to the Invasion there was only some general Discourse and I was not willing to explain my self among any such people as they were when they askt me any Questions about it I had to do with the King and Council L. Ch. Just Holt Sir John Friend have you any more witnesses to examine Friend Yes my Lord I desire Mr. King may be called Which was done and he appeared L. Ch. Just Holt There he is Sir what would you ask him Friend I desire to know of him whether he does not know Captain Blair and Captain Porter to be Roman Catholicks and whether he does not know me to be a Protestant King I am of Opinion Mr. Porter is a Papist he was always taken to be so at Epsom where I used to go and where he used to go and he was never lookt upon as a Protestant L. Ch. Just Holt And what do you take Sir John Friend to be King I take Sir John Friend to be a Protestant so he is and so he ever was Friend But when you have been in my Company and they have been speaking of the Government what have I said and done King When ever they started any reflecting words upon the Government he was used to say forbear I do not admit of any such Discourse Mr. Att. Gen. How long have you known him King He has been my acquaintance this Fifteen Years and married a Relation of my Wives Husbands At which there was very great laughing King I mean her former Husband L. Ch. Just. Holt He has reconciled the matter very well for this point for he tells you he meant her first Husband Friend Ay my Lord no doubt of it he will recover it it was her former Husband Mr. King don't you mean it was her former Husband King Yes Sir I have told you it was so her former Husband's Name was Thomas Case L. Ch. Just Holt Mr. Tanner you are to look upon two Statutes the one is 3 Jac. 1. cap. 4. and the 30 Car. 2. cap. 2. King My Lord I have heard him say if I had not taken the Oaths to K. James which Oaths are binding to my Conscience I could as freely take the Oaths to the present Government as any Man in England but I will live peaceably and quietly under the Government but because I do not take the Oaths I am double tax'd and I will pay it Friend My Lord I desire Capt. Kaines may be call'd Who appear'd L. C. J. Holt. What do you ask him Sir Friend Capt. Kaines I desire to know of you whether Mr. Porter and Mr. Blair are Roman Catholicks and I desire you to speak as to my self what I am Kaines They are so reputed to be at Epsom it was always so reported there and I have been acquainted with Sir John Friend several years being concern'd together in the Train'd-Bands of the Tower-Hamletts and I have been in his company several times since the King came in and never heard him give any reflecting Language against the Government in my Life L. C. J. Holt. Have you done with him Sir Friend My Lord I did not hear him but I suppose he has declar'd as to Capt. Porter and Capt. Blair that they are Catholicks L. C. J. Holt. He says Porter and Blair are reputed Papists and he has known you a long time and been concerned with you in the Trained-Bands and never heard you reflect upon the Government since the King came in Friend My Lord I desire to know whether he believes me to be a Protestant Kaines I did always take Sir John Friend to be a Protestant Friend Then next I desire Mr. Carpenter may be call'd Who appear'd L. C. J. Holt. What do you ask him Sir Friend I desire Mr. Carpenter that you will acquaint the Court whether you know Capt. Porter to be a Roman Catholick and what you know of me Carpenter I have been at Epsom several Summers and usually am there in Summer-time and he was so reputed there But as to Sir John Friend I have known him above these Twenty years I keep a Brew-House as he does and we have been concern'd together and have had several occasions upon the account of Trade to meet him upon particulars of Appraisement when any Partners came in and I never knew him but very orderly and civil I never heard him reflect any thing upon the Government but was always peaceable and quiet he was always look'd upon as a Protestant and went to Church That 's all that I can say Friend My Lord as to the Statute-Book will your Lordship please that the Statute-Book be sent for L. C. J. Holt. Yes yes We do not forget it Have you any more Witnesses Call all your Witnesses and we will consider of that afterwards Friend I desire Mr. Hawkins may be call'd Who appear'd L. C. J. Holt. What say you to this Gentleman Friend I desire you Mr. Hawkins to give an account what I am whether you know me to be a Roman Catholick or a Protestant Hawkins I have known Sir John Friend these Twenty odd years and have had Dealings with him many times before the change of Government and since and I never heard him reflect upon the Government nor never heard him to speak slightly of it And as to his being of the Protestant Religion I do know as
much as any Man as much as another I always believ'd him to be a Protestant of the Church of England as good as any Man alive he always went to Chureh L. C. J. Holt. What since the Revolution Hawkins I have not been so conversant with him since that because I went out of Town and liv'd out of Town but I believe there are those at Hackney that can give an account of that matter Friend I desire Major Mould may be call'd L. C. J. Holt. Then I suppose you have done with Mr. Hawkins Friend Yes And then Major Mould stood up L. C. J. Holt. Well what say you Sir Mould My Lord I have known Sir John Friend many years above these Twenty years and I always look'd upon him as a sincere and strict Protestant and I have often been in his company since the Revolution and I never heard him speak diminishingly of the Government I believe him to be as good a Protestant as any in England L. C. J. H. How As any in England That 's a great Character Friend Then I desire Dr. Hollingsworth may be called but he did not appear Friend Then my Lord I desire Mr. Lufton may be called L. C. J. H. There is Mr. Lufton what would you have with him Friend I desire he will give an account what he knows of me what Religion am of Lufton My Lord as to Sir John Friend I have known him this ten years he was pleased to Imploy me as a Chaplain in his House a considerable time both before and after the Revolution and after the Revolution we always used the Prayers according to the Church of England and we did always Pray for the present King and the late Queen Mary at which Sir John was many times present Mr. Att. Gen. How long is it since you left him Lufton About four or five years as I remember Then Sir John's Family lessened he was pleased to say to me Mr. Lufton I am going to Tunbridg and my Family lessens this is about five or six years ago and I shall have no occasion for you at present but if ever I make use of a Chaplain again I will make use of you this he was pleased to say L. C. J. H. How long is it do you say that you have left him Lufton About five years and as to any Objection of his being a Papist I have often discoursed with Sir John Friend about the Popish Religion and he has often spoken with Detestation of the Principles of the Papists Friend What have you heard me speak of the French and about any thing of an Invasion how I would venture my life for the Protestant Religion or any thing of that Lufton I have often heard you say as to the present Government that tho you could not Comply with it yet you would live peaceably under it When we have been talking of these things you said you never would be in a Plot and tho you could not Comply with the present Government yet you would never concern your self in any Design against it For my part my Lord I know nothing by him but that he is an Honest and a Worthy Gentleman tho he be so unfortunate to be under this Accusation Friend I desire Mr. Hoateley may be called who appeared L. C. J. H. Well what say you Sir Friend Pray Mr. Hoateley will you give an account to the Court what you know of my being a Protestant and of my Life and Conversation Hoateley I believe Sir John Friend is a very settled Protestant of the Church of England and I have reason to believe so because I have frequently discoursed with him because I have had a Couple of Children that were his Nephews upon whose account I have been forced several times to wait upon him and he has often said he never would be in any Plot and his words that he used to me were really very Remarkable Catch me in the Corn and put me in the Pound L. C. J. H. What were his words Sir Hoateley He used to say he would never be in any Plot for says he Catch me in the Corn and put me in the Pound and I have heard him express himself with a great deal of Detestation of King-Killing and those Principles of the Papists the Assassinating of any Crowned Head Mr. Att. Gen. Pray Sir How came you to discourse with Sir John Friend about King-Killing and Plots You are a School-Master it seems how hapned this sort of discourse between you Hoateley There will be discourses about these things sometimes Mr. Att. Gen. But pray how was the discourse Introduced What was the occasion of the discourse Sure there was some occasion extraordinary for him so to express himself to you Hoately I cannot remember the particular occasion but such discourse there was Mr. Att. Gen. Pray how long ago is this time that this discourse was Hoately I believe it was five or six times within these two years Mr. Att. Gen. What have you had the same discourse five or six times one after another Hoately I cannot say that but those used to be his words Mr. Att. Gen. What in common discourse Hoately He said he would never be in any Plot. Friend My Lord I can bring a great many more Witnesses of this kind and I believe I could have a thousand to prove me a Protestant L. C. J. H. Call whom you will Sir John we will hear them Friend My Lord I am very loth to trouble you M. Just Rookeby No it will not be reckon'd any trouble we will hear all your Evidence Friend There is one Mr. Willis and one Mr. Hemings but I desire it may not be forgotten as to the Acts of Parliament for they are very material for me as I shall shew by and by Mr. Willis appeared L. C. J. H Well what say you to this Gentleman Friend Mr. Willis I desire you 'd give an account to their Lordships what you think of me as to my being a Protestant and how I have behaved my self in every respect all along Willis My Lord I have always taken it for granted that those that come to Church are Protestants and I did always take Sir John Friend to be a Protestant The acquaintance that I had with him was since he lived in the Parish of Hackney and we have had some converse together and there have past friendly Visits between us and I do not remember any discourse while I was there that tended to the Government one way or another I was never very often with him but his discourse was always very obliging discreet and prudent whenever I was there L C. J. H. Pray Sir when did you see him at Church Willis Truly my Lord I cannot call to mind when it was L. C. J. H. Cannot you name any time Willis He may be at Church sometimes and I not see him our Seats are at a distance from one another and there are Pillars between that one can't see
question I am advised that Consultation to Levy War is no Treason without Rebellion and Insurrection and inviting Men to come from beyond Sea is no Treason unless a Foreign Prince be Invited to come with his own Subjects for English Scotch and Irish are not Enemies but Rebbels and to be dealt with otherwise therefore I leave it to your Lordships for I am no Lawyer only I am advised to insist upon these things Then the Statute of the 25th of Edw. 3. about Treasons was read throughout only about the middle the Prisoner made some interruption Friend I believe this Statute is not the Statute I go upon that which I mainly insist upon is the Statute of the third of King James the First Cap. 4. Mr. J. Rokeby This is the same Statute you are Indicted upon the great Statute for Treasons and as to your Objection you last mentioned what is Treason and what is not he is not yet come to that part Friend Well then let him go on with it It was read to the end L. C. J. Holt. Now it has been read is this the Statute you wou'd have Friend There must needs be a mistake as to the Chapter it is set down the 25th of Edw. the Third but there is no Chapter L. C. J. Holt. Yes this must be the Statute it relates to Treasons and it has those words in it that what you read out of your Papers relate to Well that we may go on in order of time what Statute of King James is it that you mention Friend It is the 3d of King James 1. Cap. 4. it is upon account of tendring the Oaths appointed to be taken by that Statute and reading out of a Paper to tell the Court that they ought to have the Oaths tendred them L. C. J. Holt. That is the business of another time read the Statute Cl. of Ar. An Act for the Discovering and Repressing of Popish Recusants what part is it Friend Truly my Lord I can't tell L. C. J. Holt. It is a long Statute but if he 'll have it read it must be read all Friend My Lord I would not give the Court any trouble but it is about having the Oaths tendred to them Cl. of Ar. I believe this is the Paragraph and for the better trial how his Majesty's Subjects stand affected in point of their Loyalty and due Obedience c. A great part of the Statute was read relating to that Matter L. C. J. Holt. What else would you have read Sir John Friend Friend I only gather from thence that no Roman Catholick is capable of Swearing against a Protestant because the Pope and the Priests can absolve them from their Oaths L. C. J. Holt. Well what have you more to say Friend My Lord I only speak this as to Roman Catholicks they do not regard an Oath against a Protestant because they have their Priests that can absolve them and therefore how such a Man's Oath can weigh any thing I cannot apprehend therefore if I have omitted any thing I hope your Lordship will supply it as you are my Council for you are a Council for me as well as the King L. C. J. Holt. Yes yes I wou'd help you in any thing I could Friend My Lord I thank you I desire you to help me for I am as innocent as the Child unborn whatsoever these Men have Sworn these are hard things that are laid upon a Gentleman and no Man is safe at this rate they being Sworn by two Papists who will Swear any thing against Protestants L. C. J. Holt. Look ye Sir John Friend have you any Witnesses to produce that these two Men have any displeasure or malice against you that they should accuse you falsly Friend My Lord I am sorry I have not my Witnesses I have been so kept up that I had not time for People to come to me I had not my Council come to me before Saturday L. C. J. Holt. How hapened that Friend My Lord there was a mistake in that I think it was Friday either Friday or Saturday I had them not 'till Friday in the Afternoon I was kept so close that none were permitted to come at me On Thursday I had an Order but there was a mistake in the Order and I desired to get another Order but I could not get any body to get another Order for me to have my Friends to go and enquire into things or else I should have found out enough Witnesses Mr. Attor Gen I am sure he had an Order for Council at the same time that notice was given him of his Tryal L. C. J. Holt When was that Mr. Attor Gen. On Tuesday my Lord. L. C. J. Holt. What say you to it Mr. Baker Mr. Baker My Lord I did attend Sir John Friend on Tuesday last to give him notice of his Trial as this day and I at the same time told him if he would name his Council to me I would procure an Order for them to come to him The next Morning he was pleased to name to me Sir Bartholow Shower I took the liberty to tell him that he being so concerned at the House of Lords and at the Committees about Parliamentary business some other Persons that had named him of their Council notwithstanding Orders were procured for him to go to them as their Council yet by that means they were disappointed of him and great delay was given to the Prisoners and therefore I desired him to consider of it and to send to Sir Bartholomew Shower and any other Council that he had a mind to and know their pleasures whether they would attend him and if he would send me word I would procure an Order for them But not hearing from him I went on Wednesday to him again and he said he had sent to Mr. Northy but he would not come to him 'till he had spoke with Sir Bartholomew Shower but he would send me word that Night yet he did not But the next day came Mr. Burleigh to me to the Duke of Shrewsbury's Office and brought me the Names of the Persons that he would have assigned him of Council and immediately I procured an Order for it and away he went with it This was upon the Thursday Mr. Welden and Mr. Cresset or one of them was named in the Order I am not possitive which and Mr. Vnderhill and Mr. Burleigh were to be admitted to him Mr. Burleigh had the Order if he did not carry it to him I can't help that L. C. J. Holt. When was that Order for the Council Mr. Barker It was upon Thursday my Lord. Friend My Lord may I speak L. C. J. Holt. Yes yes what you will Friend My Lord the Reason why I had not my Witnesses was this There was a Gentleman one Colonel Cash Lieutenant to my Lord Lucas he undertook to go and put in his Name and three more one John Neale and one Philips to have an Order to go about to
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
If persons do Assemble themselves and Act with Force in opposition to some Law which they think inconvenient and hope thereby to get it repealed this is Levying a War and Treason tho' Purposing and Designing it is not so so when they endeavour in great Numbers with Force to make some Reformation of their own heads without pursuing the Methods of the Law that is a Levying of War and Treason but the Purposing and Designing it is not so But if there be as I told you a Purpose and Design to Destroy the King and to Depose him from his Throne or to Restrain him or have any Power over him which is proposed or designed to be effected by War that is to be Levied such a Conspiracy and Consultation to Levy War for the bringing this to pass is an Overt-Act of High-Treason So that Gentlemen as to that Objection that he makes in Point of Law it is of no force if there be Evidence sufficient to convince you that he did Conspire to Levy War for such an end Gentlemen the Evidence you have heard what it is you may consider the Weight of it and the Circumstances that do attend it and likewise the Answers that have been given by the Prisoner to Invalidate that Evidence and to prove the Improbability of what they have testified against him You have heard I say the Evidence on the one side and the other If you are not satisfied that what the Witnesses have Sworn is true that Sir John Freind did Ingage in such a Design for such a purpose then you are to acquit him but on the other side if you believe that Sir John Freind is Guilty of what the Witnesses have Deposed against him then you are to find him Guilty Juryman My Lord we desire we may have that Letter with us that was produced here L. C. J. Holt. No no you cannot have it by Law Juryman May it not be left with the Foreman my Lord L. C. J. Holt. No but you may look upon it in Court before you go away if you will Then the Letter was handed to the Jury and one of them handed it to the Prisoner L. C. J. Holt. Why do you do so you should not give the Prisoner the Letter Juryman It was done to see whether it was his hand and we desire if there be any body here that knows his hand-writing or that saw him write it may be produced L. C. J. Why Did not he own the Letter to the Witness afterwards It was Sworn to you he did and that he met according to the Appointment in the Letter and that Money was paid Then the Jury withdrew to Consider of their Verdict and an Officer was Sworn to keep them according to Law till agreed and about a quarter of an Hour afterwards they Returned into Court and the Prisoner was brought to the Bar. Cl. of Arr. Gentlemen Answer to your Names Thomas Clark Mr. Clark Here. And so did all the rest of the Twelve Cl. of Arr. Gentlemen are you agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir John Freind hold up thy Hand which he did Look upon the Prisoner How say ye is he Guilty of the High-Treason whereof he stands Indicted or Not Guilty Foreman Guilty my Lord. Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the High-Treason committed or at any time since Foreman None to our Knowledge Jaylor Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court has Recorded it You say that Sir John Freind is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods nor Chattels Lands nor Tenements at the time of the High-Treason committed or at any time since to your Knowledge L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service L. C. J. Then we had best to Adjourn the Court till to Morrow Morning Cl. of Arr. Cryer make Proclamation Cryer O Yes O yes O yes 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 may depart hence for this time and give their Attendanc here again to morrow Morning at Seven of the Clock and God save the King Then the Prisoner was Carried back to Newgate and was brought the next Day to the Bar to offer what he had to say for Stay of Judgment and afterwards Received Sentence of Death as a Traytor together with Sir William Perkyns who was that day Tryed Convicted and Condemned and whose Tryal will be Published with all possible speed FINIS