yes I do Cl. of Ar. John James Fr. I Challenge him Cl. of Ar. Thomas Poole Fr. I accept of him he was Sworn Cl. of Ar. Peter Parker Fr. I accept of him he was Sworn Cl. of Ar. George Grove Fr. I except against him for I have him not in my Pannel L. C. J. H. How comes that Fr. I can't tell my Lord I have been kept alone while Saturday last only that worthy Gentleman bowing to Mr. Baker the Prosecutor for the King was with me to give me notice of my Tryal before Cl. of Ar. Nathaniel Wyersdale Fr. I Challenge him Cl. of Ar. Samuel Blewitt Fr. I Challenge him Cl. of Ar. James Bodington Fr. I Challenge him Cl. of Ar. John Woolfe Fr. Sir I do assure you I have him not in my Pannel upon my word I Challenge him Cl. of Ar. Samuel Jackson Fr. I accept of him he was Sworn Cl. of Ar. Nathaniel Long. Fr. I accept of him He was Sworn Cl. of Ar. Richard Chiswell Fr. I Challenge him Cl. of Ar. George Child Fr. I accept of him he was Sworn Cl. of Ar. William Walker Fr. I accept of him he was Sworn Cl. of Ar. John Wells Fr. I Challenge him Cl. of Ar. John Hibbert Fr. I Challenge him Cl. of Ar. John Pettit Fr. I Challenge him Cl. of Ar. James Robinson Fr. Sir he is not in my Pannel upon my word Cl. of Ar. He is in the Original Pannel Mr. Sheriff Buckingham My Lord here is the Original Pannel and here 's his name here and there is not a person in this Pannel but what was Originally put in except it be about five or six at the end and this is none of them Fr. I Challenge him Cl. of Ar. Thomas Hollis he did not appear L. C. J. H. Pray Sir John who had you that Copy from Who gave it you Fr. My Sollicitor Mr. Trotman My Lord he had none from me I am sure I received the Pannel from the Sheriff but no body from Sir John was ever with me for a Copy Fr. My Lord my Sollicitor brought it to me on Saturday night L. C. J. H. Who is your Sollicitor that gave you that Copy Fr. His name is Mr. Burleigh my Lord. L. C. J. H. Where is he Let 's see this Mr. Burleigh Fr. My Lord he is gone to the Crown Office it seems for the Habeas Corpus M. J. Rokeby It is your own Sollicitor that has put the abuse upon you if it be so Cl. of Ar. Thomas Hollis he did not appear L. C. J. H. Pray Sir John Friend how many have you in all Fr. In number my Lord would you have me tell you how many I have in number L. C. J. H. Aye in number in your Copy of the Pannel Mr. Sh. Buckingham In the Pannel there are above Fourscore Fr. I have seventy one my Lord. Then Thomas Hollis appeared Cl. of Ar. Do you Challenge him Sir Mr. Sh. Buckingham Pray let the Secondary produce his Pannel that he had from my Brother and me and I am assured the Court will find they were all named in that Pannel Mr. Trotman My Lord I have the Pannel but they never came to me for a Copy as I expected I had got one ready if Sir John Friend or any Person for him had sent to me they might have had it Mr. Sh. Buckingham And these People that are not in Sir John Friends Pannel are none of the half dozen that were added when we came to the knowledg of them that they were Freeholders L. C. J. H. When were they added Sir Mr. Sh. Buckingham They were added on Friday in the Afternoon and it seems he never came for the Pannel to the proper Officer and those that he objects against were not added but are in the Original Pannel L. C. J. H. Truly I can't see any body is to blame in this matter but your own Sollicitor Mr. Trotman My Lord I assure you I had made a Copy and I wondered I did not hear of them I do not know where he got this Copy L. C. J. Treby In truth if you will not send to the proper Officer for a Copy when you might have had it you must be content with what you have for no body is bound to give you a Copy unless you ask for it L. C. J. H. Well what say you to Thomas Hollis Fr. I Challenge him my Lord for he is not in my Pannel Cl. of Ar. John Sherbrook Fr. I accept of him he was Sworn Cl. of Ar. James Blackwell Fr. He is not in my Pannel upon my word my Lord. L. C. J. H. I can't help it he is in the Sheriffs Pannel that is returned here Fr. I Challenge him Cl. of Ar. Thomas Gardner Fr. I accept of him Mr. Gardner My Lord I am no Freeholder in the City Mr. Justice Rokeby Mr. Gardner have you not lately conveyed away your Freehold Mr. Gardner No indeed my Lord I never had any Cl. of Ar. William Prince Fr. I accept of him He was Sworn Cl. of Ar. John Simons Fr. I challenge him Cl. of Ar. Robert White Fr. I Challenge him Cl. of Ar. Joseph Morewood Fr. I accept him his Name is John I suppose for so it is in my Pannel Cl of Ar. No it is Joseph Mr. Morewood My Name is Joseph Fr. Well Sir I accept of you I don't question but you are an Honest Man He was Sworn Cl. of Ar. Cryer Countez Thomas Clark Cryer One c. So of the rest to the Last Cl. of Ar. Joseph Morewood Cryer Twelve good Men and true stand together and hear your Evidence The Names of the Jury were these Jur. Thomas Clark Thomas Emms Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long George Child William Walker John Sherbrook William Prince and Joseph Morewood Cl. of Ar. Cryer make Proclamation Cryer O Yes If any one can inform my Lords the King's Justices the King's Serjeant the King's Attorney General or this Inquest now to be taken of the High-Treason whereof the Prisoner at the Bar stands Indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance And all others that are bound by Recognizance to give evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance and all Jury-men of London that have been called and have appeared and are not sworn may depart the Court. Cl. of Ar. Sir John Friend Hold up thy Hand which he did You that are Sworn Look upon the Prisoner and hearken to his Charge He stands Indicted by the Name of Sir John Friend late of London Knight prout in the Indictment mutatis mutandis And against the Form of the Statute in that case made and provided Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty and for his Tryal hath put himself upon God and the Countrey which Countrey you are your
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
aforesaid Divers Horses and very many Arms Guns Carbines Pistols Swords and other Weapons Ammunition and Warlike Things and Military Instruments Falsly Maliciously Secretly and Traiterously You did Obtain Buy Gather and Procure and cause to be Bought Gathered Obtained and Procured and in Your Custody had and detained to that Intent to use the same in the said Invasion War and Rebellion against our said Sovereign Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Command of this Kingdom of England to Depose Cast Down and Deprive and Him to Kill and Murder and all the Treasons Intentions Contrivances and Purposes of You the said Sir John Freind as aforesaid to fulfil perfect and fully to bring to Effect Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity As also against the Form of the Statute in this Case made and provided What say'st thou Sir John Freind Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Freind Not Guilty my Lord. Cl. of Arr. Culpritt How wilt thou be Tryed Freind By God and my Country Cl. of Arr. God send thee good Deliverance Freind I don't know any thing of it I am as Innocent as the Child unborn The Warrant for the Habeas Corpus was Signed by the Lord Chief-Justice Holt and delivered to the Prisoner who sent it away to the Crown-Office by his Sollicitor to get the Writ sealed Freind My Lord I have something to move if your Lordship please to hear me and the rest of my Lords the Judges That if any matter of Law do arise upon my Trial I may be heard by my Councel that you may not destroy me without Law L. C. Just Holt. Look you Sir John Freind if any matter of Law do arise at your Trial and you will tell us what that matter of Law is and the Court see that it is a matter of Doubt we can and ought and no Question shall assign you Councel but that is time enough when such matter does arise Freind My Lord It is well known to your Lordship and all the Court that I am not a Lawyer but I hope as you are of Councel for the King as Judges of Law so you will be of Councel for me for I am not a Lawyer and cannot know whether any matter that arises be Law or no and therefore I humbly beseech your Lordship to be so just and kind as to tell me whether it be Law or not Law and I submit my self to your Lordship's direction L. C. Just Holt. Sir John Freind We are bound to tell you when any thing of that Nature appears before us and to let you have all the benefit of the Law that possibly you can have for we are obliged to be indifferent between the King and you Freind My Lord I don't question it I desire also I may have Pen Ink and Paper L. C. Just Holt. Yes yes by all means And he had them Cl. of Arr. Cryer Make Proclamation Cryer Oyez You good Men of the City of London summoned to appear here this Day to Try between our Sovereign Lord the King and the Prisoner that is at the Bar who have been called and made Default answer to your Names and save your Issues Then the Defaulters were call'd over Cl. of Arr. You the Prisoner at the Bar these Men that you shall hear call'd and personally appear are to pass between our Sovereign Lord the King and you upon Trial of your Life and Death If therefore you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn before they be sworn Cryer Call Thomas Clerk Freind Pray Sir How many may I challenge L. C. Just Holt. Look you Sir John you may challenge that is except against 35 without shewing any Cause If you don 't like them to be of the Jury you may refuse them and as many others as you have Cause to except against Freind My Lord I humbly beseech you that because perhaps I may mistake in numbring that I may have timely Notice before the 35 be excepted against or else it may occasion me a great deal of prejudice L. C. Just Holt. Sir The Clerk shall take care of that he shall inform you how Many you Challenge and you shall receive no prejudice of that kind or by any slip in point of Form Cl. of Ar. Cryer call Thomas Clark who appeared Fr. Pray Sir must not I see the Gentleman L. C. J. H. Yes yes by all means he was shewn to him Fr. You may Swear Mr. Clark I do not except against him I desire but Honest Gentlemen and I shall come off I warrant you I am as Innocent as the Child unborn L. C. J. H. Swear Mr. Clark Cl. of Ar. Hold him the Book which was done look upon the Prisoner you shall well and truly Try and true deliverance make between our Soveraign Lord the King and Prisoner at the Barr whom you shall have in Charge according to your Evidence So help you God Cl. of Ar. Nathan Green Fr. I except against him Cl. of Ar. Thomas Emms. Fr. I accept him for a Juryman I have nothing to object against him he was Sworn Cl. of Ar. Francis Byer Fr. Pray let me see him he was shewn to him I do except against him I Challenge him Cl. of Ar. Benjamin Dry. Fr. I except against him Cl. of Ar. James Demew Fr. I accept him I have nothing to say against him I would have him to be a Juryman Mr Demew My Lord I am not a Freeholder L. C. J. H. Sir John Do you Challenge him peremptorily or do you Challenge him for Cause Fr. My Lord I don't Challenge him at all I accept of him Mr. At. Gen. If he have no Freehold we that are for the King will except against him for I would not have any body that is a Freeholder serve upon the Jury Cl. of Ar. Henry Hunter Fr. Pray my Lord is this Gentleman that was called before laid aside He is not one that Challenge L. C. J. H. No no he is Challenged by the Kings Council as no Freeholder Fr. Then he is only set aside I suppose I speak it for this Reason I would not be mistaken in my number L. C. J. H. Care shall be taken of all that he is not to reckoned as one that you Challenged he is Challenged for want of Freehold by the King's Council Cl. of Ar. What say you to Mr. Hunter Fr. I accept of Mr Hunter let him be Swore which was done Cl. of Ar. John Cox Mr. Cox My Lord I have no Freehold in London Mr. At. Gen. Then let him be set aside Cl. of Ar. George Bodington Fr. I except against him Cl. of Ar. John Hedges Fr. I except against him Cl. of Ar. You Challenge him Sir do you Fr. Yes
Charge is to enquire Whether he be Guilty of the High-Treason whereof he stands Indicted or Not Guilty if you find him Guilty you are to enquire what Goods and Chattels Lands and Tenements he had at the time of the High-Treason Committed or at any time since if you find him Not Guilty you are to enquire if he fled for it if you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is brought against Sir John Friend the Prisoner at the Bar for associating with and aiding the King's Enemies with a Design to procure an Invasion from France and to raise a Rebellion within this Kingdom and this was to Depose the King and Restore the late King James and in order to the effecting these his wicked purposes the Indictment sets forth That the first of July last he did Meet and Consult and agree with one Mr. Charnock a Gentleman since Tryed Convicted and Attained of High Treason how they should procure an Army from France to come and Invade this Kingdom and should Raise a sufficient number of Men to Facilitate the Landing of the French and the Indictment particularly charges the Prisoner at the Bar with sending Mr. Charnock into France to the late King James to acquaint him with the Design and to Desire him to procure a great number of Forces from the French King to come here and Land within this Kingdom And the Indictment does likewise charge him with procuring and Receiving a Commission from the late King James to Constitute him the Prisoner at the Bar a Collonel of Horse and likewise with laying out and expending and paying several Sums of Money in Listing and Keeping Soldiers and Men in pay under him which was to be in his Regiment and with laying out several Sums of Mony in buying Arms and Horses for this Invasion and Rebellion that was thus Designed to be made and Raised within this Kingdom To this Gentlemen he has Pleaded not Guilty we shall call our Witnesses and prove the Fact and we do not doubt but you will find him so Friend Prove this if you can it cannot be Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at Bar Sir John Friend stands Indicted of High Treason in Compassing and Imagining the Death of the King and likewise in Adhereing to the King's Enemies Gentlemen the Overt Acts laid in the Indictment to prove this Treason are these That the Prisoner at the Bar did accept a Commission from the late King James to Raise a Regiment of Horse in this Kingdom in order to joyn with the French when they Invaded it and there were several Meetings and Consultations between him and several others whom you will hear named by the Witnesses upon which it was Resolved to send a Messenger one Charnock into France to desire the late King James to prevail with the French K. to get a number of Men in all 10000. with an Assurance that they would Assist him with a number of Horse when he came and in pursuance of this Design the Prisoner at the Bar did raise Men and pay some Summs of Money for their subsistence and Listed and had them in Readiness and provided Horses and Arms. These are the Overt-Acts laid in the Indictment the Evidence that will be produc'd to you to prove this Treason and these Overt Acts will be in this Manner Gentlemen you will see by the Evidence that there has been a Design and Conspiracy on Foot for several Years to Assassinate the King's Person and to have an Invasion from France at that Time by armed Force here to subdue this Kingdom The Prisoner at the Bar Sir John Friend I think about Two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse There were several other Commissions sent likewise but one was sent to the Prisoner which he accepted of and in pursuance of it he appointed several Officers and Listed several Men for that Purpose and expended several Summs of Money for the raising and subsisting of them Gentlemen you will hear that his Lieutenant-Colonel was to be one Blaire and his Major was to be one Slater and this Slater's Father was a Clergy-Man and he undertook to bring in a Troop of Clergy-Men that had refused to take the Oaths One of his Captains was one Evans one Richardson was another and there were several other Officers whom you will hear named by the Witnesses that were appointed and ingag'd to make up the Regiment Gentlemen you will hear farther by the Witnesses that about May or June last they having rais'd a considerable Number of Men there were several Meetings had between the Prisoner at the Bar and several other Persons in order to send some Person over to get Forces from France to Invade this Kingdom The first Meeting that you will hear of was at the Old King's Head-Tavern in Leaden-Hall-Street and there were present the Prisoner at the Bar my Lord of Aylesbury my Lord Montgomery Sir John Fenwick Sir William Parkins Mr. Charnock who was lately Condemned and Executed for the Design of Murdering the King Mr. Porter and one Cook At that Meeting you will hear what their Debates were and what their Resolutions after several Debates who they should send they resolv'd to send Mr. Charnock to go into France to desire the late King James to get 10000 Men of the French Troops to land upon our Coasts about 8000 Foot and the rest Horse and Dragoones And they did Impower him in their Names to assure the late King James that they would when ever he Landed with his French Troops be ready to assist him with near Two Thousand Horse among them Upon this Gentlemen Mr. Charnock undertook to go upon this Message But about a Week after they met again for he was unwilling to go upon such an Errand without having a full Resolution and Assurance from these Gentlemen that were thus Engag'd that he might satisfie the late King what they would certainly do So they met again about a Week after and that was at a Tavern in St. Jame's Street near Sir John Fenwick's Lodgings one Mrs. Montjoyes there was the Prisoner at the Bar my Lord of Alesbury and most of the same Company that were at the Meeting before And Mr. Charnock desired to know if they did agree to what had been Propos'd and Resolv'd on before for he was unwilling and did not care to go without a full Assurance of the performance They did all agree and desir'd that he would go with all Speed and that he should assure King James they would be ready to meet him if they had Notice
not a Roman Catholick a Witness Though he be a Roman Catholick that 's no Objection to his being a Witness Friend My Lord I desire to ask him the Question Whether he be a Roman Catholick or no L C. J. Holt. Sir John Friend it is not a proper Question Friend My Lord a Man ought to know what Profession they are of that are Witnesses against him for his Life L. C. J. Holt. Will you ask him whether he be a Christian or no Friend My Lord I desire to know whether he be a Papist or a Protestant Mr. Attorney General If Mr. Porter be willing to tell you he may but it is not a proper Question L. C. J. Holt. Especially before he is sworn he is not entitled to ask any Questions whatsoever till he be sworn Friend My Lord I beseech you let me have the Question answered Mr. Solicitor General Sure you don't consider that the Answer to that Question is to accuse himself you don't consider the Consequences of it Friend Pray my Lord let me have my Right L. C. J. Holt. The Question is Whether it is your Right or no. Friend My Lord I wou'd not trouble the Court if I cou'd help it but my Life and All is at Stake and I must make the best Defence I can L. C. J. Holt. Indeed your Question is improper in it self but if he have a Mind to tell you and answer voluntarily he may Friend I humbly beg of your Lordship that he may answer the Question L. C. J. Holt. I cannot see you have a Right to have this Question answer'd you Friend Mr. Porter You are a Gentleman and I desire you will answer Whether you be a Roman Catholick or not Mr. Solicitor General Before he does answer I desire he may be acquainted with the Danger He was born a Protestant no doubt and then turning Roman Catholick he subjects himself to a very severe Penalty L. C. J. Holt. Sir John Friend I told you your Question was not proper to be ask'd Friend Pray my Lord let him answer the Question it will be of great use to me in my Tryal pray let me have my right L. C. J. Holt. You shall have all the Right done you that can be but in the first place if a Man be a Roman Catholick notwithstanding his Religion he is a good Witness And besides that it may be his answering the Question may subject him to several Penalties at least he is liable to Prosecution upon several Acts of Parliament that are very penal and therefore it is by no means to be ask'd Friend My Lord I pray only that he may answer the Question L. C. J. Holt. No Man is bound to answer any Question that tends to make him accuse himself or subject him to any Penalties Friend My Lord I do with submission desire it and it is no great matter for him to say whether he be Papist or Protestant L. C. J. Holt. If it be no great Matter then why do you insist upon it But perhaps it may be a great Matter in the Consequence of it to him a Man therefore is not obliged to answer any such Questions Friend I beseech your Lordship let him answer the Question L. C. J. Holt. You have my Opinion If you will you shall have the Opinions of the rest of the Judges my Opinion is that the Question ought not to be answer'd L. C. J. Treby Since your Lordship's Pleasure is that we should deliver our Opinions upon this Point I must declare I am of the same Opinion that no Man is bound to answer any Questions that will subject him to a Penalty or to Infamy If you should ask him whether he were a Deer-Stealer or whether he were a Vagabond or any other thing that will subject him to Punishment either by Statute or by Common-Law as whether he be guilty of a Petty-Larcenary or the like the Law does not oblige him to answer any such Questions Friend Well I hope the Jury will consider it that he will not answer the Question and therefore they are to take it for granted that he is so L. C. J. Treby And now to this present Purpose to ask a Man whether he be a Popish Recusant is to subject him to Danger for when you ask him that Question if he were not bred up in that Religion then for him to own himself of that Religion now is to own as great a Crime as that you are charg'd with If it were not so but he was always bred in that Religion yet there are very great Penalties that he is subject to as the Confiscation of two third parts of his Estate and several other things that he may be liable to if he should disclose that upon his Answer to the Question which without this Discovery cou'd not be prov'd perhaps We must keep the Law steady and even between the Prisoner and the Witness Mr. Justice Nevil I am of the same Opinion it does subject him to a Penalty and unless he will voluntarily answer it of himself I think it cannot be demanded of him for he may subject himself to a Prosecution by it Mr. J. Rokeby I think it is not a Question that can of right be imposed upon him he may answer it if he will but he is under no Obligation to answer it because it may tend to accuse himself of a Crime for which he may be prosecuted and likewise will subject him to other Penalties which the Law cannot compel him to subject himself to Then Captain Porter was sworn Freind I hope Gentlemen of the Jury you 'l consider this Mr. Sol. Gen. Mr. Porter do you know Sir John Freind the Prisoner at the Bar Capt. Porter Yes Sir Mr. Sol. Gen. Pray then will you give my Lords and the Jury an Account what Meetings you have had with him where those Meetings were and when and what past between you about inviting the French over hither or for a Rising here Capt. Porter My Lord about the latter end of May last or the beginning of June we had two Meetings one was at the King's-Head in Leadenhall-street the other at Mrs. Mountjoy's in St. James's-street At the first Meeting there were present my Lord of Aylesbury my Lord Montgomery Sir John Freind Sir William Parkins Sir John Fenwick Mr. Cook Capt. Chernock and my self after Dinner Mr. Goodman came in Now at both those Meetings it was consulted of and agreed to send Capt. Chernock into France to King James to desire him to borrow of the French King 10000 Men to come over hither 8000 Foot 1000 Horse and 1000 Dragoons Captain Chernock said He did not care to go upon a foolish Message and therefore desired to know what they wou'd have him to acquaint King James with and assure him of They all agreed to meet the King whenever they had Notice of his Landing with a Body of 2000 Horse of which every one in particular was to bring their Quota wherever
he wou'd appoint Mr. Attorn Gen. When was the second Meeting Capt. Porter That was at Mrs. Mountjoy's Mr. Attorn Gen. But I ask you when it was how long after the first Capt. Porter I believe it was about a Fortnight after or so Mr. Attorn Gen. What was that Meeting for Capt. Porter The second Meeting was to confirm the first Capt. Chernock informed me that he was to go within Three or Four Days and therefore desired to have a Meeting before he went Mr. Attorn Gen. What Discourse was there at that second Meeting what Occasion was there for it Capt. Porter Capt. Chernock desired the Meeting once more before he went to see whether we all kept our Resolution Mr. Sol. Gen. Pray what do you know of Sir John Freind 's agreeing to raise a Regiment of Horse Capt. Porter I know nothing of that matter but what I have heard several People talk but I have heard him say he would be as ready as any Man whenever the King came And I have heard from Captain Chernock and from Sir William Parkins that he had a Commission to be a Collonel of Horse Mr. Attorn Gen. Pray Sir upon that second Meeting who were present Capt. Porter I told you Sir the Prisoner at the Bar was present at both Meetings Mr. Sol. Gen. Who else were there Capt. Porter My Lord of Aylesbury Sir William Parkins Capt. Chernock and I cannot tell whether my Lord Montgomery and Mr. Goodman were there Mr. Cook and my self were there but the Prisoner at the Bar I am sure was there Mr. Sol. Gen. Pray Capt. Porter will you remember and recollect your self who were at the first Meeting Capt. Porter I have named them already Sir Mr. Sol. Gen. Name them again then Capt. Porter My Lord of Aylesbury my Lord Montgomery Sir John Freind Sir William Parkins Sir John Fenwick Captain Chernock Mr. Cook and my self we dined there and after Dinner Mr. Goodman came in Mr. Attorn Gen. Pray Sir when did you see Mr. Chernock after this and what Discourse had you with him about his Journey and the Success of it Capt. Porter I never saw him till three or four Days after our Riot Business in Drury-Lane upon the Account of which I had been a Prisoner in Newgate Mr. Attorn Gen. Well and what did he say to you Capt. Porter He told me that he had been in France but that King James told him the French King could not spare so many Men that Year and withall that he had been with Sir John Freind and the several other Persons with Messages from the King but I do not know whether he had been there or no only as he told me that he had been and brought that Answer Mr. Attorn Gen. Pray now tell us what other Meetings you have had about this Matter this Winter Capt. Porter I was once with Sir George Barclay and Sir John Freind at the Nag's Head in St. James's-street I cannot tell what Discourse they had they whispered among themselves Mr. Attorn Gen. Who else was there Capt. Porter There was Sir George Barklay Sir William Parkins my self Mr. Ferguson and one Humes L. C. J. Holt. Where was that do you say Capt. Porter At the Nag's Head in St. James's-street Mr. Attorn Gen. Was there any body else there that you can remember Capt. Porter Captain Chernock came in after Dinner but I cannot say he dined there Mr. Attorn Gen. And who else do you remember Capt. Porter There came in one Harrison after Dinner he is a reputed Romish Priest and goes by the Name of Johnson Mr. Mountague Pray Capt. Porter what was that Meeting for Capt. Porter They had several Whisperings among themselves but what they discoursed of I cannot tell Mr. Mountague Pray did Sir John Friend say any thing that you heard at that Meeting Capt. Porter Sir George Barclay did say That some People that were not so violent had written over into France to stop this business upon which said I I hope you will have no Letter to night Upon which Sir John Freind said is there any thing that is hid behind the Curtain If there be I am not fairly dealt withal I will proceed no further Mr. Attorn Gen. If Sir John Freind has a mind to ask him any Questions he may L. C. J. Holt. Pray Captain Porter let me ask you this Question Did all that were present at the first Meeting at the King's Head in Leadenhall-street agree to send Mr. Chernock into France to the late King Capt. Porter Yes my Lord. L. C. J. Holt. All of them Capt. Porter Yes we desired Captain Chernock to answer to the King for us that we would meet him at the Head of 2000 Horse L. C. J. Holt. Did Sir John Friend agree to it Capt. Porter Yes I do positively affirm he did L. C. J. Holt. Then at the second Meeting which you say was at Mrs. Mountjoys what was said then Capt. Porter We did agree all that Captain Chernock should go on with the Message that was resolved upon at the first Meeting and we would go on with the Business and he said he would go away in two or three Days Mr. Attorn Gen. Will Sir John Freind ask him any Questions Freind I will only ask him if they have done whether he has any thing more to to say Capt. Porter No Sir L. C. J. Holt. The King's Council have done with him Freind Then my Lord I will hear all they can say and when I have heard the whole Evidence I shall know how to answer to it L. C. J. Holt. Before you go Captain Porter I would ask you what Answer Mr. Chernock brought back from France Capt. Porter I say I did not meet with Capt. Chernock till after I was out of Newgate for the Riot business and then he told me he had been there and he had acquainted the several Gentlemen with the Messages he had brought from King James who thank't them for their kindness but the French King could not spare so many men that year Mr. Sol. Gen. Then the next that we call is Brice Blair who was sworn Pray Sir do you know the Prisoner at the Bar Sir John Freind Capt. Blair Yes my Lord and I am very sorry to come on such an account as I do now against him I am sorry for it with all my heart Mr. Attorn Gen. Well Sir pray will you give an account what you know of Sir John Freind 's having a Commission from the late King to be a Colonel of Horse and when it was and how pray tell my Lord and the Jury the whole Matter Capt. Blair All that I can say to this business is written in my Paper and I refer to my Paper Mr. Attorn Gen. You must not refer to your Paper Sir you must tell all what you know L. C. J. Holt. He may look upon any Paper to refresh his memory Capt. Blair I did see the Commission Sir and I read it Mr. Attorn
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