Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at London in the Parish of St. Peter Cornhill in the Ward of Limestreet falsely maliciously devilishly and traiterously did compass imagine contrive purpose and intend our said Sovereign the Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and our said Sovereign Lord the King to Death and final Destruction to put and bring and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Overcome and Subdue to move incite procure and help and a miserable slaughter among the Faithful Subjects of him our said Sovereign Lord the King throughout this whole Kingdom of England to make and cause and that you the said Sir John Friend to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and assisting and the same your most impious wicked and devilish Treasons and traiterous compassings intentions and purposes aforesaid to fulfill perfect and bring to effect and in prosecution performance and execution of that traiterous adhesion you the said Sir John Freind as such a false Traytor during the War aforesaid to wit the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid and divers other days and times as well before as after there and elsewhere in London aforesaid falsly maliciously advisedly secretly and traiterously and with Force and Arms c. with one Robert Charnock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Sovereign Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entry into this Kingdom of England to join and unite Rebellion and War against him our said Lord the King within this Kingdom of England to make levy and wage him our said Lord the King so as aforesaid to Depose and him to Kill and Murder and moreover with the said false Traytors the same first day of July in the year abovesaid at London aforesaid in the Parish and Ward aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir John Friend and the same other Traytors unknown unto and into the Kingdom of France in parts beyond the Seas unto James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises unto the said late King James the Second and the said other Enemies and their Adherents to give and exhibit and them to inform of other particular things and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and the same to you the said Sir John Freind and the said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Lord the King that now is in the War aforesaid and to incite and procure those Enemies the more readily and boldly to Invade this Kingdom of England and the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir John Freind aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform you the said Sir John Freind during the War aforesaid so as aforesaid continued to wit the same first day of July in the abovesaid Seventh Year of the Reign of our said Lord the King that now is at London aforesaid in the Parish and Ward aforesaid falsly and traiterously did procure and obtain to your self and did receive and accept of a certain Commission or Writing purporting it self to be a Commission under and from the aforesaid James the Second late King of England to constitute you the said Sir John Freind to be a Collonel of Horse in the Army by you and the other false Traytors against our said Lord the King that now is within this Kingdom of England to be levied and formed and in pursuance of the said pretended Commission by you the said Sir John Freind so obtained and accepted of and your Treasons and all your Traiterous Intentions aforesaid the sooner to execute perform fulfil and perfect You the said Sir John Freind afterwards to wit the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously Advisedly Secretly and Traiterously Divers Soldiers and Armed Men and ready to be Armed with Force and Arms c. To Raise and List and War and Rebellion against our said Lord the King within this Kingdom of England to make and wage And to and with the said Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to invade this Kingdom of England at and upon their Invasion and Entry into this same Kingdom then shortly expected to be made Themselves together with You the said Sir John Freind to join and unite and in Troops and Legions to form did Raise List and Retain and did procure to be Raised Listed and Retained And divers Sums of Money in and about the Raising Listing and Retaining of the aforesaid Soldiers and Men Armed and ready to be Armed upon the Account aforesaid upon the aforesaid First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward aforesaid Falsly Maliciously and Traiterously Did give and pay and cause to be paid And those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and long after you had in readiness As also the same First Day of July in the Seventh Year abovesaid at London aforesaid in the Parish and Ward
aforesaid Divers Horses and very many Arms Guns Carbines Pistols Swords and other Weapons Ammunition and Warlike Things and Military Instruments Falsly Maliciously Secretly and Traiterously You did Obtain Buy Gather and Procure and cause to be Bought Gathered Obtained and Procured and in Your Custody had and detained to that Intent to use the same in the said Invasion War and Rebellion against our said Sovereign Lord the King that now is Him our said Lord the King of and from the Regal State Crown and Command of this Kingdom of England to Depose Cast Down and Deprive and Him to Kill and Murder and all the Treasons Intentions Contrivances and Purposes of You the said Sir John Freind as aforesaid to fulfil perfect and fully to bring to Effect Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity As also against the Form of the Statute in this Case made and provided What say'st thou Sir John Freind Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Freind Not Guilty my Lord. Cl. of Arr. Culpritt How wilt thou be Tryed Freind By God and my Country Cl. of Arr. God send thee good Deliverance Freind I don't know any thing of it I am as Innocent as the Child unborn The Warrant for the Habeas Corpus was Signed by the Lord Chief-Justice Holt and delivered to the Prisoner who sent it away to the Crown-Office by his Sollicitor to get the Writ sealed Freind My Lord I have something to move if your Lordship please to hear me and the rest of my Lords the Judges That if any matter of Law do arise upon my Trial I may be heard by my Councel that you may not destroy me without Law L. C. Just Holt. Look you Sir John Freind if any matter of Law do arise at your Trial and you will tell us what that matter of Law is and the Court see that it is a matter of Doubt we can and ought and no Question shall assign you Councel but that is time enough when such matter does arise Freind My Lord It is well known to your Lordship and all the Court that I am not a Lawyer but I hope as you are of Councel for the King as Judges of Law so you will be of Councel for me for I am not a Lawyer and cannot know whether any matter that arises be Law or no and therefore I humbly beseech your Lordship to be so just and kind as to tell me whether it be Law or not Law and I submit my self to your Lordship's direction L. C. Just Holt. Sir John Freind We are bound to tell you when any thing of that Nature appears before us and to let you have all the benefit of the Law that possibly you can have for we are obliged to be indifferent between the King and you Freind My Lord I don't question it I desire also I may have Pen Ink and Paper L. C. Just Holt. Yes yes by all means And he had them Cl. of Arr. Cryer Make Proclamation Cryer Oyez You good Men of the City of London summoned to appear here this Day to Try between our Sovereign Lord the King and the Prisoner that is at the Bar who have been called and made Default answer to your Names and save your Issues Then the Defaulters were call'd over Cl. of Arr. You the Prisoner at the Bar these Men that you shall hear call'd and personally appear are to pass between our Sovereign Lord the King and you upon Trial of your Life and Death If therefore you will challenge them or any of them your time is to speak unto them as they come to the Book to be sworn before they be sworn Cryer Call Thomas Clerk Freind Pray Sir How many may I challenge L. C. Just Holt. Look you Sir John you may challenge that is except against 35 without shewing any Cause If you don 't like them to be of the Jury you may refuse them and as many others as you have Cause to except against Freind My Lord I humbly beseech you that because perhaps I may mistake in numbring that I may have timely Notice before the 35 be excepted against or else it may occasion me a great deal of prejudice L. C. Just Holt. Sir The Clerk shall take care of that he shall inform you how Many you Challenge and you shall receive no prejudice of that kind or by any slip in point of Form Cl. of Ar. Cryer call Thomas Clark who appeared Fr. Pray Sir must not I see the Gentleman L. C. J. H. Yes yes by all means he was shewn to him Fr. You may Swear Mr. Clark I do not except against him I desire but Honest Gentlemen and I shall come off I warrant you I am as Innocent as the Child unborn L. C. J. H. Swear Mr. Clark Cl. of Ar. Hold him the Book which was done look upon the Prisoner you shall well and truly Try and true deliverance make between our Soveraign Lord the King and Prisoner at the Barr whom you shall have in Charge according to your Evidence So help you God Cl. of Ar. Nathan Green Fr. I except against him Cl. of Ar. Thomas Emms. Fr. I accept him for a Juryman I have nothing to object against him he was Sworn Cl. of Ar. Francis Byer Fr. Pray let me see him he was shewn to him I do except against him I Challenge him Cl. of Ar. Benjamin Dry. Fr. I except against him Cl. of Ar. James Demew Fr. I accept him I have nothing to say against him I would have him to be a Juryman Mr Demew My Lord I am not a Freeholder L. C. J. H. Sir John Do you Challenge him peremptorily or do you Challenge him for Cause Fr. My Lord I don't Challenge him at all I accept of him Mr. At. Gen. If he have no Freehold we that are for the King will except against him for I would not have any body that is a Freeholder serve upon the Jury Cl. of Ar. Henry Hunter Fr. Pray my Lord is this Gentleman that was called before laid aside He is not one that Challenge L. C. J. H. No no he is Challenged by the Kings Council as no Freeholder Fr. Then he is only set aside I suppose I speak it for this Reason I would not be mistaken in my number L. C. J. H. Care shall be taken of all that he is not to reckoned as one that you Challenged he is Challenged for want of Freehold by the King's Council Cl. of Ar. What say you to Mr. Hunter Fr. I accept of Mr Hunter let him be Swore which was done Cl. of Ar. John Cox Mr. Cox My Lord I have no Freehold in London Mr. At. Gen. Then let him be set aside Cl. of Ar. George Bodington Fr. I except against him Cl. of Ar. John Hedges Fr. I except against him Cl. of Ar. You Challenge him Sir do you Fr. Yes
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
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
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
Why was Harrison there Capt. B. Yes he came there before I came away L. C. J. Holt. But you say he gave the Order to Harrison Capt. B. Yes my Lord. L. C. J. Holt. What was the Order for Capt. B. It was to pay me that Money L. C. J. Holt. What Money was that Capt. B. It was the last 20 l. Mr. Att. Gen. Was the 20 l. paid you afterwards Capt. B. Yes Sir Mr. Att. Gen. Who paid it Capt. B. Mr. Piggot he paid me the last 5 l. of it before Sir John Friend's Face L. C. J. Holt. Was this the first 20 l. or the last do you say Capt. B. It was the last L. C. J. Holt. What was this Money paid for Capt. B. I believe it was to support me to go about the Business of the Regiment L. C. J. Holt. You believe that 's not enough But are you sure it was so Capt. B. Yes I am sure it was for that L. C. J. Holt. Had you ever demanded Money of him before Capt. B. Yes I had L. C. J. Holt. For what was that Money that you demanded Capt. B. It was to drink with the Men that were brought in to cherish and keep them together L. C. J. Holt. To what purpose were those Men kept together Capt. B. They were for his Regiment Mr. Soll. Gen. Pray had Sir John Friend any occasion to pay you any Money upon any other Account Capt. B. No Sir not out of that 100 l. Mr. Cooper You do not understand the Question Had you any Dealings with Sir John Friend but about this Matter concerning the Regiment Capt. B. No never in all my Life Mr. Att. Gen. Well Sir do you remember your Meeting with Sir John Friend when one Ridley was there Capt. B. Yes it was at the Chop-House Mr. Att. Gen. Give an Account what past there Capt. B. Mr. Ridley said A Gentleman was lately gone over to France about Ten Days before and Mr. Ridley said he was a very sensible Gentleman a Roman Catholick an ancient Man about Threescore Years of Age what he was I can't tell He said he believed he should bring the last Orders Mr. Att. Gen. What did Sir John Friend say Capt. B. Sir John Friend said He knew of it but he named no more Mr. Soll. Gen. What was the Effect of those Orders as you understood Capt. B. I cannot tell that Sir indeed Mr. Soll. Gen. Did you know Mr. Chernock Capt. B. Yes Sir I did Mr. Sol. Gen. What do you know of his going to France Capt. B. I met him upon the Exchange the last Summer and I told him I expected not to have seen him here at that time I thought he had been abroad he told me he was come from France but who sent him I cannot tell I doe not know upon my life Mr. Sol. Gen. Pray what has Sir John Friend said to you about Ferguson whether was not he to have been an Officer in his Regiment Capt. B. No But Sir John Friend said he would Joyn and Mr. Ferguson himself has told me so Mr. Att. Gen. When did he tell you so Capt. B. A good while ago Mr. Att. Gen. How long ago Capt. B. Two Year ago and above Mr. Sol. Gen. Did Sir John Friend tell you any thing about Ferguson that he would bring in any Men Capt. B. Yes he said he would bring in a great many Mr. Att. Gen. Will the Prisoner ask him any Questions L. C. J. Holt. Sir John Friend will you ask this Witness any Questions Sir John Friend Yes my Lord I shall by and by if they have done with him L. C. J. Holt. Yes they have done with him Then he paused and perused his Papers Sir John Friend First as to the Commission you charge me with that I should receive a Commission from King James I desire to know whether it was signed or sealed and what Date it was Capt. B. I cannot tell the Date indeed Sir John for I never thought to come in here upon such an Account as this But I think it was in Paper signed above James Rex and below By his Majesties Command Melford and a little Seal upon the Margent Sir John Friend This is the hardest thing in the World upon a Man here you have charged me with Money to Subsist and Incourage Soldiers Capt. B. Yes Sir Sir John Friend I would only say this you were Recommended to me for a very Honest Man and you have come to me several times and told me Sir My necessities are very great I am ready to Starve I have a great Charge for God's sake will you be pleased to bestow something upon me to relieve my Necessities It 's true I have given you Money several times but I never gave it for any other use but Charity God knows my heart I desire you to consider with your self and Answer it There is a God above where you must give an Account as well as I and I hope you will consider of it Pray declare the truth Whether you have not writ those lines to me several times that you were ready to Starve and beg'd of me to relieve your Necessities Capt. B. I have so Sir I acknowledge it Sir John Friend Pray take me right and was not that Money I gave You only upon pure Charity Capt. B. Yes you did give me Charity but I had expended so much Money in your Business that reduced me to that God knows my heart I have laid out many a Pound upon this Affair Sir John Friend It is the hardest thing in the World this is a Roman Catholick too Capt. B. I am sure it cost me many a Pound more than ever I had of you Sir John Friend You say you Listed a great many Men who were the Men What are their Names what were they For Capt. B. I have given a List in of them to the Council Sir John Friend Who are they for God knows I know nothing of them L. C. J. Holt. If you have a List there let it be produced Capt. B. I gave it in to the Council and Sir John I brought in several Officers to you Mr. Att. Gen. Remember and name as many as you can Capt. B. I have named the Officers already Mr. Att. Gen. Name them again Capt. B. Did not I bring Capt. Fisher to you and did not you promise to make him your Eldest Captain Sir John Friend No you never did L. C. J. H. These are Questions of your own asking so you must hear him Capt. B. I brought Capt. Fisher to you and accordingly we Dined at Capt. Simons's and there was Capt. Ridley Mr. Richardson and Mr. Fisher and you talk'd together and you listned to him and in my own hearing you promised he should be eldest Captain upon Condition that he would bring in a Troop and this is true so help me God Friend Pray where are your Men and what are your Men that you Listed Capt. B. I never spoke of Listing
I only spoke of Encouraging Friend Did not you say you had Listed a great many Men for to be of my Regiment Capt. B. No Sir I did not Mr. Att. Gen. I think you do mistake Sir John he did not say List Capt. B. I had Money from you upon the account of Encouraging and Treating and Drinking with a great many of the Men And you said it was impossible to keep them together but that I must have Money to Treat them and Drink with them but you desired me to be as good a Husband as I could Friend I never said so these are very hard things upon me Capt. B. Did not I bring Capt. Cole and Capt. Neale to you and his Brother-in-Law Mr. Robinson and Mr. Gellibrand and did not we Dine together Friend I know nothing of all this I declare to you L C. J. H. If you will ask him any more Questions doe Capt. B. I brought those three Gentlemen and we Dined together L. C. J. H. Where did you Dine then Capt. B. At Hackney when Sir John lived there at his own House Friend When was it Capt. B. It is above a year ago Pray Sir John don't think to dash me out of Countenance tho' I am very ill I speak nothing but the truth and therefore I will not be dasht out of Countenance You know what I say to be true you then drank a Glass of Wine to Capt. Cole And did not you promise him because he was one of your Mothers Name that he shou'd have a Place in the Excise next one of the Commissioners Says I Sir John what will you give me O says he you shall have the Regiment Man This was before Robinson his Mother-in-Law and Mr. Gellibrand L. J. C. H. Who was to have the Place in the Excise Capt. B. Captain Cole Friend I know not a word of all this Mr. J. Rokeby Capt. Blair be not dashed but speak the truth and you need fear nothing Capt. B. This I say was before Mr. Robinson and Mr. Gellibrand Friend I don't know Gellibrand nor none of them L. J. C. H Was that Cole to be any thing in the Regiment Capt. B. Yes he was to have been a Captain and to bring in a Troop Mr. Att. Gen. Sir John will you ask him any more Questions Friend No I must depend upon the Jury for I cannot remember half what he has said Mr. Sol. Gen. Do you remember any Discourse between you and him about some brisk Men that were to follow him L. C. J. H. But before you ask him Mr. Solicitor we must know whether he will ask him any more Questions for he is now his Witness Do you ask him any more Questions Sir John Friend I can ask about no more then what I hear L. C. J. H. But ask him what you will Friend My Lord I have not heard half of what he has said I hope the Jury will take care in it L. C. J. H. Some part of it was twice repeated to you Friend As to that my Lord I would ask him a Question or two Was that my Letter Capt. B. Yes it was Friend Did you see me write it Capt. B. No it came to my hands by a Porter as I believe when I was in Bed my Wife brought it up to me Friend What was that Letter for Capt. B. In order to pay the last 20 l. and I did see a Return of a Letter that you Writ to King James Mr. Att. Gen. Who shewed you that Letter to King James Capt. B. He shew'd it me himself L. C. J. Holt. How long ago is that Capt. B. A Year and a half ago as near as I can Remember L. C. J. Holt. Did he say any thing of an Answer he had to it Capt. B. Yes but I cannot Remember what it was Directly Juryman He was pleased to say he saw a Letter from King James L. C. J. Holt. No No Sir it was a Letter to King James Juryman My Lord I desire he may be asked if he knows the Contents of that Letter L. C. J. Holt. Did you see him write the Letter or did he shew you the Letter he had Writ Capt. B. I did not see him write the Letter I see his hand to the Letter and he shew'd me the Letter that he said he had written to King James and there is this particular passage to Confirm it it was at Mr. Piggotts Mothers house I dined with him there that Day and when he shew'd me the Letter I told him I was so well pleased with the Penning it that I belived Mr. Ferguson had a hand in it and he was very angry that I should think he was not able to write and did not write the Letter himself Juryman My Lord since it seems he perused the Letter I desire he may be asked whether he can Remember the Contents of that Letter or any of it Capt. B. Really my Lord I cannot tell that particularly but I am apt to think it was about the business of the King and about the Regiment L. C. J. Holt. Can you tell truly any the Contents of it Capt. B. That it was about the affaires of the Regiment I am positive Mr. Cowper My Lord before he goes away that the Jury may not go away with a mistake I desire it may be Observed he does not say he saw Sir John Friend write the Letter L. C. J. Holt. No no but that he shew'd it him himself Friend When was that Letter writ that I shew'd to you Capt. B. It was about a Year and a half ago Friend I declare in the presence of God I never writ one Jurym. He sayes you shew'd him the Letter therefore it is very fit we should see it L. C. J. Holt. Nay Sir you must not talk to the Prisoner if you have any Questions to ask you must propose them to the Court. Friend I declare in the presence of God I never writ any such Letter as this that he now charges me with Capt. B. And I declare in the presence of God you shew'd me such a Letter Friend Yes you may but I am a Protestant you are a Papist you may do any thing Mr. Att. Gen. You may ask any Questions of him Sir John but you must not rail at the Witness Friend But when you charge me with the Writing of a Letter to King James I ought to speak to it It seems I am not to ask whether he is a Papist Mr. Att. Gen. He says you shew'd him a Letter that you said you had Written to King James which he Read and liked the Penning of it so well that he thought Ferguson had a hand in it at which you were offended that he should think you could not write such a Letter your self Friend I declare in the presence of God I never writ any such Letter Mr. Att. Gen. I suppose you 'l disprove him by and by Friend I can have no Witnesses to this matter Mr. Att. Gen.
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
look after my Witnesses but they did not put in any one of these Names but they took up and secured my Kinsman Cash and put him into the Messengers hands and would not suffer me to have any of his assistance therefore I saw what a design there was upon me Mr. Attorn Gen. As for Mr. Cash there was very good Reason for it he was secured for suspicion of Treason L. C. J. Holt If you had wanted any Witnesses and had not been so fully prepared as you expected to be you should have moved before the Tryal came on to put it off Mr. J. Rokeby But my Lord put a question to you before can you shew any Reason why these Persons should have any Malice against you Friend My Lord I was not so much a Lawyer as to know these things but it 's a hard thing that a Man that 's Innocent must suffer at this rate I have been dissappointed in every thing for these Gentlemen have not been permitted to Answer whether they are Roman Catholicks or no. Mr. J. Rokeby Nor have your Witnesses proved that they are Roman Catholicks but only that they are reputed so L. C. J. Holt. Well I can't tell what avail that would have been off if they had been proved so Have you any more to say Sir John Friend Friend No my Lord I leave it to God and you and the Jury to Consider of it Mr. Sol. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the King against Sir John Friend the Prisonner at the Bar and it comes to my turn to sum up the Evidence that has been given Sir John Friend the Prisonner at the Bar cannot but own that he hath hitherto had a very fair Tryal and he shall have no reason to Complain that I do him any Injury in my part I am sure both he and you and all of us very well remember when Persons of as good Quality as he is or better had not the same Usage or Liberty of Defence in such Cases as this Gentleman has had And tho' all things are very well now yet the time was within all our Memories when Innocency was no safety for a Man's Life much less for his Liberty and when those two are taken away and are Invaded Property signifies nothing The time was when the Protestant Religion and the Church of England of which the Prisonner boasts himself to be and for a very good Reason because it is the best of Religions I say the time was when that was in danger and when Popery for which he now reflects upon the Witness was like to have over-run both us and it And if his Majesty with the hazard of his Life and at a great Expence had not rescued us there is no body doubts but that all that we feared at that time would have been made good upon us e're now And it is a Melancholy thing to Consider that there should be a sort of People amongst us so in Love with what we then Dreaded as to be continually endeavouring to bring it about again And it is an Ungrateful thing when his Majesty ventur'd his Life then and has done it several times since to defend us and does all that he can to keep our Enemies at a distance there should be a Party of Men that do what they can to Invade their Country to Destroy his Majesty's Subjects and to fall upon him himself when he is present amongst us I will not accuse the Prisonner at the Bar particularly tho' it is plain he knew of it Friend Know of it I declare before God and the World I know nothing of it Mr. Soll. Gen. This if it were amongst Equals were certainly a most ungrateful thing when another Person is Fighting in my Defence that I should design against his Life or when he does what he can to protect my Estate I should be Invading and Spoiling his Gentlemen if the Prisonner at the Bar is not Guilty of what he is Accused of and what you have heard the Witness give Evidence of then nothing of this does relate to him But if what has been given in Evidence against him is true then the Prisonner at the Bar is one of those Persons that has done all he can to make this Country which has been the place of Retreat for all Protestants to fly to from Persecution in their own Countreys I say to make it as Unsafe for them as that from which they came Gentlemen The Evidence against him is first Mr. Porter and he gives it in Evidence that at at the Old King's Head in Leaden-Hall-street there was a Meeting of the Prisonre and Porter and several others in order to Consider the best means how to bring back the late King James and they concluded at last that the best means would be to send some body into France to advise the late King James to borrow of the French King 10000 Men 1000 Horse 1000 Dragoons and 8000 Foot and that he should make what speed he could to land with them here and to Incourage and invite him to do so they promised him their assistance and they did not doubt but to be ready to meet him with 2000 Horse at his Landing Gentlemen The Person that was pitched upon to go upon this Errand was Mr. Chernock a Person lately Executed for the Treasons of which he was attainted Mr. Chernock was Diffident whither this were the effect of sober Consideration and therefore would not undertake to carry this Message 'till there had been another Meeting of the same Persons to see whether they continued in the same Mind Another Meeting accordingly was appointed and agreed upon and that was at Mrs. Mountjoy's Tavern at St. James's and there he says there were almost all the Persons that were in Leaden-Hall-street and at that meeting the Question being askt whether they were of the same Opinion that Mr. Chernock should go to France to the late King upon that Message that I told you of before they did all agree to abide by the old Resolution that he should go and make as speedy a return as he could and bring back the late King's Answer Captain Porter tells you that Mr. Chernock did go to France and comes and brings word back that the French King could not at that time spare that Force that was then Desired and so it was delayed at that time because the French King was not at leisure then to Employ his men in this service but it was likely to have taken place but very lately if the Providence of God had not prevented it Gentlemen our next Witness is Captain Blair and he tells you that about 2 Years ago Sir John Friend the Prisonner at the Bar show'd him a Commission that he had received from the late King James to raise a Regiment of Horse of which he was to be Collonel that this was signed James Rex at the top and Countersigned by my Lord Melford
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
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
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
every body and I cannot call to mind when I did see him last at Church L. C. J. H. Has he been there within this year or two Willis He has been gone from Hackney a year and above Mr. Mountague Pray can you say you have seen him at Church within these four years Willis Truly I cannot call to mind whether I have or no. Friend I desire Mr. Hemings may be called I could call a great many more but they are much to the same effect as these are L. C. J. H. Call whom you will Sir John if you think fit to call them we will hear them Friend Being they are not here I will not trouble you further It is all to the same purpose L. C. J. H. Well take your own course if you 'll call them the Court will be sure to hear them Friend But my Lord here is one thing that I must desire your Lordship's direction in If these Gentlemen my Lord Capt. Porter and Capt. Blair who are the two Witnesses and none but those two against me if they are Papists they are not good Witnesses against a Protestant to prove him a Traitor within the Stature of the 25th of Edward the Third For that Statute says He that is indicted must be proveably attainted which cannot be by the Evidence of Papists and those that refuse to take the Oaths of Obedience which are required to be taken And therefore I humbly beseech you that you will please to tender them the Oaths for there is a Statute in the 3d. Jac. I. Cap. 4. which appoints the tendering of the Oaths to them L. C. J. Holt. That is not our Business at this time Friend Then I must beg your Pardon that they are not substantial Witnesses for this is the Law as I am informed I humbly submit it to your Lordship whether this be not the Law I only speak it to know whether it be Convenient for me to rehearse it I ask'd the Question before they were sworn I Know not whether it be Convenient for me to move it now L. C. J. Holt. Aye aye it is very Convenient now now is the proper time Friend Before ever they were sworn I would have ask'd them the Question whether they were Papists or not but it was not allowed it was over-ruled Now my Lord there is such a Statute and I humbly beseech you to tender them the Oaths and that would be a demonstration that they were Papists and then they could be no good Witnesses L. C. J. Holt. You say well if we could find such a Statute that no Papist should be a Witness but there is no such Friend My Lord I beg your pardon and I hope you will not take it amiss I offer what I am advised to offer L. C. J. Holt. No no by no means there will be nothing taken amiss Friend For the Statute of the 25th of Edward III. and that of the 30th of King Charles II. and that of the 3d. of King James I. Cap. 4th here it is plainly demonstrable that Papists are not to be believed against any Protestant who is with them esteemed a Damnable Heretick and then they believe the Pope and their Priests can absolve them from all Oaths and they are declared to be given to Evasions and Equivocations and mental Reservations and can have Dispensations for all their Villanies and therefore they are not to be Credited their Evidence is of no value unless they will in this manner upon their Oaths renounce these Principles therefore I humby beg they may have the Oaths tendred them L. C. J. Holt. That is not our Business now Friend And my Lord your Lordship was pleased to promise me that if any Matter of Law did arise my Counsel should be heard L. C. J. Holt. First let us know whether there be any such Law as this you mention or to any such purpose Friend My Lord I desire my Counsel may come in and speak to it For my Life is in danger and so is every honest Gentleman's Life every day I am as clear as the Child unborn I have no Witnesses to prove any thing and therefore I desire my Counsel may be heard L. C. J. Holt. If the Court did think there were any Colour in this Objection that you make we would let you have Counsel we would do it nay we are desirous to do it if we could Friend What my Lord L. C. J. Holt. To allow you Counsel if there were any Colour in the Objection in relation to Papists not being Witnesses I would be glad to see the Counsel that would own this Objection but indeed I see no Colour in it the Statute shall be produced that you quote and then we shall see whether there be any thing like it in that Statute Pray will you read those Words that you say are in the Statute to that purpose Friend I am not so expert to know the Words before or after and therefore I think it is requisite I should have Counsel L. C. J. Holt. It is supposed you have had Council and I suppose your Counsel that have advised you to make this Objection have instructed you whereabouts in the Statute it is Friend My Lord I desire my Council may be called in and heard to it L. C. J. Holt. I tell you that by Law we cannot hear Counsel to any such Matter that has no colour of Objection in Law in it tho' for my part I wish we could because I would fain hear what any Counsel can say to make out such an Objection that Papists are not good Witnesses Friend My Lord I wish you would hear my Counsel to it L. C. J. Holt. Look ye Sir John Friend you have desired that this Statute may be turned to and you desire to have them read and they shall be all read from the beginning to the end Friend I desire the Statutes of the 25th of Edw. 3. the 3d of K. James the 1st Cap. 4. and the 30th of K. Charles the Second may be read L. C. J. Holt. What Chapter is that of the 30th of King Car. the 2d Friend Really it is not put down in my Paper L. C. J. Holt. Then look out the Chapter while he is reading the other Look ye Gentlemen of the Jury Sir John Friend does desire the Statute of the 25th of Edw. 3. may be read which is the Statute about Treasons and the Statute upon which he is Indicted and it shall be read therefore pray hearken to it Reads it Cl. of Ar. This is made in the 25th year of King Edw. the 3d. A Declaration which Offences shall be judged Treason Item Whereas divers Opinions have been before this time in what Case Treasons shall be laid and what not Friend My Lord I beg the favour I may speak one word before it go on to be read J. C. J. Holt. Yes with all my heart Friend I speak it my Lord because it will be to the very thing now in
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
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
and it was in Paper And that there was a great many Consultations between Sir John Friend himself and others about the raising of this Regiment and providing Officers for it He tells you he was to have been Lieutenant Collonel and was to procure as many Officers and Troopers as he could and he tells you he did procure several Officers and he names them one Fisher was to be Eldest Captain one Vernate and one Hall and one Bertram and that Bertram was to be Lieutenant to Blair in his own Troop Gentlemen A great deal of the Evidence which Captain Blair has given is indeed out of Sir John Friend's own Mouth and that is as strong an Evidence as possibly can be given and he does for that purpose tell ye that he said one Evans was to be a Captain of Horse and one Collonel Slater was grown so much in Sir John Friends Favour that he Rivalled Captain Blair in the Opinion of Sir John Friend and Sir John Friend for that Reason would have two Lieutenant Collonels whereof Slater was to he one Captain Blair says he took that amiss that any one besides himself should be in that Post and Resented it to Sir John Friend and therefore Sir John Friend found out another Office for Slater and that was to be a Captain of a Troop of Horse that should consist of Non-swearing Parsons and which were to be an Independent Troop Gentlemen He tells you that he did List several Men but the particular persons tho' he has Named the Officers he did not so distinctly remember but they are in the Paper that he delivered to the Council which he has not about him He tells you that Sir John Friend told him that one Richardson was another Captain of Horse and the like of one Mr. Cole that he was to be a Captain likewise He also acquainted you Gentlemen that he did receive from Sir John Friend several summs of Money and he acquaints you in particular with the manner how he says that Sir John Friend had expended 100 l. towards the 300 l. that was paid for the escape of Coll. Parker out of the Tower and that Sir John Friend was to be reimbursed by Moneys that were to be transmitted from King James at St. Germaine He tells you that Piggot had received the Money but did not deal with Sir John Friend so fairly as to pay it to him but when Captain Blair was pressing on Sir John Friend for some Money Sir John Friend was contented that he should have 20 l. provided he got it from Piggot out of this 100 l. Captain Blair had not interest enough it seems to get it himself from Piggot but he applys himself to one Harrison or Johnson for it seems he goes by both those names a Priest who had an interest in Piggot by by which means he got 20 l. of Piggot and this he says was in June or July last Then Gentlemen he tells you afterwards he was pressing upon Sir John Friend to have another 20 l. and Sir John Friend was contented he should have it provided he had it from Piggot and he produces ye a Letter that was from that very person the Prisoner at the Bar which is to that purpose excusing himself that Captain Blair had not heard from him but that he would meet him at such a time and at such a Coffee-house The matter indeed is not directly exprest in words but at the time and place the Prisoner did meet Blair and there was Harrison and this Piggot and there 5 l. of the last 20 l. was paid him and the other 15 l. was paid him afterwards and he swears these two twenty pounds were paid to him by Sir John Friend upon account of the charge that Blair had been at in drinking with and treating those men who were to be engaged with Sir John Friend in his Regiment Gentlemen he tells you likewise that Sir John Friend told him he had written a Letter to King James and he shewed him this Letter and this was at that Piggot's Mothers house and when Blair read it he tells you he thought it was so well penned that he did apprehend Ferguson must have a hand in it and that it was none of Sir John Friend's own and that upon this Sir John Friend was angry that he should suspect that Sir John was not the writer of this Letter all this shews an Intelligence with King James and makes out all the rest of the intended Invasion by King James and a French force here Captain Blair likewise tells you Gentlemen that Sir John Fenwick had 4 Troops of Horse as Sir John Friend told him by way of encouragement which were all ready for the service and that Ferguson undertook to bring a number of men and was to be one himself in that party and all this was to be put in practice when the Thoulon Fleet came about and joyn'd the Brest Fleet. And lastly he tells you when he went in the Coach with Sir John Friend Sir John told him they must act very warily and be very good husbands for in truth it had cost him so much that if the Fleet did not come soon or the design should miscarry he should want Money to carry on his Trade All this positive Evidence is of the Witnesses own knowledge from the Prisoners own mouth Against this Evidence Gentlemen he takes exception that the 2 Witnesses are Roman Catholicks but this is no exception to their Evidence at all for it was never yet allowed or indeed objected that I know of before that Roman Catholicks were not good Witnesses A Roman Catholick may be an honest man notwithstanding his Religion but I think that every body knows that men who have been ill in other things tho Roman Catholicks may as to those particular things be good Witnesses Nay not long ago but on Wednesday last we produced some Witnesses who were Roman Catholicks and yet allowed for good Evidence tho ingaged in that Horrid Conspiracy against the life of the King and if any thing would have taken off their Evidence certainly the Guilt of such a Crime would do it more than the pretence of any particular perswasion of Religion Nay I must crave leave to say farther that this argument is so far from making him no Witness that it makes it the more likely he does speak the truth and therefore is a good Witness For tho Roman Catholicks may be honest men yet they are more likely to engage in such a Design than any other men And I think I may very safely add Sir John Friend would not have found so many that he could ingage in such a business as this that were of any Religion but the Roman Catholick and therefore he applied himself to these persons as most likely to imbark with him on such a bottom Gentlemen as to what Courtney that was brought from the Gate-house says about his discourse with Captain Blair in the