THE TRYAL AND CONDEMNATION OF Sir Iohn Friend Knight FOR Conspiring to Raise REBELLION IN THESE KINGDOMS In Order to A French Invasion Who upon full Evidence was found Guilty of HIGH-TREASON AT THE Sessions-House in the Old Bayly March 23 th 1695 6. LONDON Printed for Brabazon Aylmer at the Three Pigeons over against the Royal Exchange in Cornhil MDCXCVI THE TRYAL OF Sir John Friend K nt On Monday the 23 th of March 1695 6 At the Sessions-House in the Old Bayly Proclamation for Silence and Attendance upon the Sessions being made as usual The Court proceeded to call the Jury Impannell'd and to the Tryal of the Prisoner Clerk of the Crown SET Sir John Friend to the Bar. Sir John Friend Hold up your hand Sir J. Friend My Lord Mr. William Courtney is my Principal Witness and is now in the Gate-House and I humbly move Your Lordship he may be sent for L. C. J. H. Is he your Witness What is his Christian Name Why did you not desire this before Sir J. Friend My Lord I did not hear of him till last Night and I humbly beseech Your Lordship that You would be pleas'd to let him be sent for L. C. J. H. I will tell you what you shall have If you will appoint your Agent to come he shall have an Habeas Corpus ad testificandum and he shall be sent for You might have sent to Me this Morning and he might have been sent for Sir J. Friend I did not know it till last Night L. C. J. H. You shall have a Habeas Corpus ad testificandum make what hast you can you shall have a Habeas Corpus Sir J. Friend My Lord be pleased to give a Rule of Court L. C. J. H. That can't be it must be a Habeas Corpus ad testificandum Sir J. Friend It will be a long time before he can come and I desire nothing but L. C. J. H. It shall be ready presently Sir J. Friend If it may be It will be a great Prejudice to me if he be not here L. C. J. H. I believe it will be time enough Sir J. Friend Supposing it should not be it will be a great prejudice to me L. C. J. H. We are not in such haste we don't spur you on Sir J. Friend I beg Your Lordships Pardon I am not L. C. J. H. Officer Make a Writ of Habeas Corpus ad testificandum What is his Name James Courtney Sir J. Friend William Courtney L. C. J. H. Give him his Christian Name Sir J. Friend William Courtney My Lord. L. C. J. H. Let him go with it to the Crown-Office immediately and bring the Writ Sealed and I will Sign it Cl. of the Cr. Sir John Friend Hold up thy Hand You stand Indicted by the Name of Sir John Friend Knight The INDICTMENT London ss THE Jurors c. Present That whereas an Open Notorious Publick and Cruel War for a great Time hath been and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King against the most Serene Illustrious and Excellent Prince our Lord WILLIAM the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Sovereign Lord the King and His Subjects One John Friend late of London Knight a Subject of this Kingdom of England well knowing the Premisses not having the Fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene and Excellent Prince WILLIAM the Third now King of England c. his Supream True Natural and Vndoubted Lord the Cordial Love and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear and of right ought to bear withdrawing and intending to extinguish and minding and with all his strength designing and endeavouring the Government of this Kingdom of England under Him of Right Duely and Happily Established altogether to Subvert Change and Alter and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall in an intolerable and miserable Servitude to the French King on the First of July in the Seventh Year of the Reign of our said Sovereign Lord the King and divers other Dayes and Times as well before as afterwards at London in the Parish of St. Peters Cornhill c. Falsly Maliciously Devilishly and Traiterously did Compass Imagine Contrive and Intend our said Sovereign Lord the King that now is then his Supream True Natural and Lawful Lord of and from His Kingly State Title Honour Power Crown Imperial and Government of this Kingdom of England to Depose and altogether Deprive and our said Lord the King to death and final destruction to bring and to move stir up procure and Aid the said Lewis the French King by Armies Souldiers and his Subjects to invade fight with overcome and subdue this Kingdom of England and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King throughout His whole Kingdom And he the said John Friend to the said Enemies of our said Sovereign Lord the King then and there during the War aforesaid was Traiterously Adhering and Aiding And to the same most Wicked and Devilish Treasons and Traiterous Compassings Intentions and Purposes aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of that Traiterous Adhesion he the said John Friend as such a false Traitor during the War aforesaid to wit on the said First day of July in the Year aforesaid at London in the Parish and Ward aforesaid and divers other Dayes and Times as well before as afterwards there and elsewhere in London aforesaid Falsly Maliciously Advisedly and Traiterously and with Force and Arms with one Robert Charnock lately Convicted and Attainted of High Treason in Contriving and Conspiring the Death of our said Sovereign Lord the King and with divers other false Traytors to the Jurors aforesaid unknown did Meet Propose Consult Consent and Agree to Procure from the said Lewis the French King of his Subjects Forces and Souldiers then and yet Enemies of our said Sovereign Lord the King great numbers of Souldiers and Armed Men to Invade this Kingdom of England and to Levy Procure and Prepare great Numbers of Armed Men and Troops and Companies against our said Sovereign Lord the King to be raised and formed and with those Enemies to and upon such Invasion and Ingress into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of England to make levy and carry on to depose our said Sovereign Lord the King and Him to Kill and Murder And further with those said false Traytors on the
John Child William Walker John Sherbrooke William Prince Joseph Moorewood Then the Usual Proclamation for Information was made and those who were Summon'd to be of the Jury and not Sworn were Discharged Cl. of the Cr. Sir John Friend Hold up thy Hand You Gentlemen that are Sworn Look upon the Prisoner and hearken to his Cause He stands Indicted by the Name of Sir John Friend Knt. as in the Indictment mutatis mutandis and against the Statute in that Case Made and Provided Upon this Indictment he hath been Arraigned and thereunto Pleaded Not Guilty and for his Tryal hath put himself upon God and his Countrey which Countrey you are Your Charge is to Inquire Whether he is Guilty of the High Treason whereof he stands Indicted or Not Guilty If you find him Guilty You are to Inquire 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 Inquire Whether he fled for it If you find he fled for it you are to Inquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he fled for it you are to say so and no more and hear your Evidence Mr. Mountague King's Counsel May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High Treason brought against the Prisoner at the Bar Sir John Friend for associating himself with and aiding of the King's Enemies for procuring an Invasion from France in order to depose his Majesty King William and in order to effect these his wicked and traiterous Purposes the Indictment sets forth that the Prisoner at the Bar Sir John Friend upon the first of July last did meet and agree with my Lord Ailesbury my Lord Montgomery Mr. Chernock Sir William Parkins Sir John Fenwick and Coke and there they did agree among themselves how they should procure an Army from France to come and invade this Kingdom and that they would raise a considerable Number of Men to facilitate the Landing of the French Forces The Indictment charges the Prisoner in particular with agreeing to send Mr. Chernock as a Messenger to the late King James to inform him of this their Design and also for the obtaining and procuring a Commission from the late King James to constitute him a Colonel of Horse for the raising of a Regiment to procure the said Forces It doth charge him likewise with laying out and expending several Sums in listing and keeping several Men in a Readiness to be Souldiers in his Regiment and for buying several Arms and Horses to be made use of in this intended Rebellion The Prisoner to this hath pleaded not Guilty We will produce our Witnesses and we doubt not you will see Cause to find him Guilty Silence being proclaimed the King's Attorney General open'd the Indictment thus Mr. Attorney General Sir Tho. Trevor My Lord and you Gentlemen of the Jury the Prisoner at the Bar Sir John Friend Knight stands Indicted of High Treason for Compassing and Imagining the Death and Destruction of the King and likewise for adhering to the King's Enemies Gentlemen the Overt-Acts laid in this Indictment for the proving the Treason are That the Prisoner did accept of a Commission from the late King James for raising a Regiment of Horse in this Kingdom in order to join with the French Forces when they should invade it and that there were several Meetings and Consultations between him and several other Persons in which it was resolved to send a Messenger viz. Mr. Chernock into France to desire of the late King James that he would prevail with the French King to send a Number of Men from France to come over and to invade this Kingdom and to assure him that he with others would be assisting upon the said Invasion with a good Number of Men and Horses when they came and that he did accordingly raise Men and provide several Arms that he listed the Men and had them in Readiness to join with the French Forces when the Invasion should be These are the Overt Acts laid in the Indictment the Evidence to be produced to prove the Treason and Overt-Acts will be in this manner Gentlemen you will see by the Evidence that there hath 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 an Armed Force here to subdue this Kingdom The Prisoner at the Bar about two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse which he accepted of there were several other Commissions likewise sent to the Prisoner and he did in pursuance thereof appoint his several Officers and listed several Men for that purpose and expended several Sums of Money for the retaining of them That his Lieut. Colonel was to be one Brice Blair and for his Major one Sclater this Sclater it seems his Father had been a Clergy-man and he did engage to bring in Men into his Troop that were Clergy-men who refused to take the Oaths one of his Captains was to be one Everard another was to be one Richardson with several other Officers which he had engaged in the Design with which he had appointed to make up his Regiment Gentlemen you will hear further by the Witnesses that about May or June last they having raised a considerable Number of Men that were ready here there were several Meetings that were had between the Prisoner at the Bar and several other Persons in order to send one over in order to procure Force from France to invade this Kingdom The first Meeting you will hear of was at the Old King's Head Tavern in Leadenhall-street there were present the Prisoner at the Bar my Lord Ailesbury my Lord Montgomery _____ Pelling Sir John Fenwick Charnock who was lately executed Porter and one Cook at that Meeting You shall hear what the Debates were and what was the Resolution and that was to send over Charnock several Debates there were among them who to send at last it was resolved to send over Charnock to France to propose to the late King James their Design and to desire of him to prevail with the French King to furnish and send 8000 Foot 1000 Horse and 1000 Dragoons and impowered him to assure the late King James that whensoever he should land with those Forces they would be ready to join him and assist him with near 2000 Horse among them they undertook to do so much accordingly this Charnock did undertake to go upon this Message About a Week after they were to meet again for Charnock was unwilling to go on such an Errand without having an Assurance from them that they still continued in their Resolution taken up for acquainting King James what they would do and about a Week after they met at Mrs. Montjoy's a Tavern where were
not a proper Question Sir J. Friend Pray my Lord I beg your Lordship I beg that Favour Mr. Sol. Gen. The Answer to that Question is to accuse himself L. C. J. H. The Question is whether it be your Right or no to know that Sir J. Friend I desire to know that for I would not do any thing that might offend the Court in the least L. C. J. H. The Question is improper in it self and an improper time to move it Sir J. Friend I beseech your Lordship L. C. J. H. The Question I say is improper in it self and an improper time to move it I can't see you have a Right to ask it If Capt. Porter will answer it it must be voluntary Sir J. Friend As you are a Gentleman I desire to know Mr. Porter whether you are a Roman Catholick Mr. Porter I am not bound to accuse my self I am a Witness L. C. J. H. I told you the Question was improper you shall have Right done you But if he be a Roman Catholick he is a good Witness his Religion and being a Roman Catholick may subject him to several Penalties and make him liable to be prosecuted by several Acts of Parliament and no Man is to answer any Question that may indanger him coming under the Penalty of any Law or to accuse himself Sir J. Friend I do with Submission desire it it is no great Matter for him to say whether he be a Papist or a Protestant L. C. J. H. If so you need not ask it Sir J. Friend My Lord I beg your Lordship I beg it L. C. J. H. You have my Opinion and I think the Question is not to be answered L. C. J. Treby It is his Lordship's Pleasure that I do deliver my Opinion and it is that no Man is bound to answer a Question that tends to subject him to the Penalty of any Law If you ask him whether he be a Deer-stealer or a Vagabond or guilty of Petit-larcenary the Law will not force a Man to discover it against himself Now for the purpose whether he be a Popish Recusant if he were not trained up in that Religion it is to ask him to accuse himself of as great a Crime as you stand charged for But if it were only that he were a Roman Catholick there are very great Penalties and Forfeitures that he is liable to in his Estate and perhaps without his Confession can't otherwise be proved against him We must keep the Law even and steady between the Prisoner and the Witness By the Law he is not bound to discover Mr. Justice Nevill I am of Opinion his Confession that he is a Roman Catholick doth subject him to a Penalty and unless he doth voluntarily answer of himself he is not bound to make Answer and accuse himself Mr. Justice Rokesby I am of Opinion it is not a Question that can of Right be imposed upon him as necessary to be answered he may if he will answer it but he is under no Obligation for his Confession doth subject him to Crimes for which he may be prosecuted Cl. Cr. Swear Mr. Porter Mr. Sol. Gen. Mr. Porter do you know Sir John Friend Mr. Porter Yes Sir Mr. Sol. Gen. Do you give an Account to the Court what you know of him about the Invasion Mr. Porter About the latter end of May last or the beginning of June we had two Meetings one at the Old King's head in Leadenhall-street and one at Mrs. Montjoys there were present at it my Lord Ailesbury my Lord Montgomery Sir John Friend Sir William Parkins Mr. Chernock Sir John Fenwick my self and one Cook I don't know his Christian Name After Dinner Mr. Goodman came in At both these Meetings it was consulted and agreed to send Mr. Chernock over to France to invite the late King James to come over to England and to prevail with the French King to furnish him with 10000 Men viz. 8000 Foot 1000 Horse and 1000 Dragoons Mr. Chernock made this Reply I don't care to go on a foolish Message and therefore let me know what you promise to do Whereupon all of them did promise that every one would endeavour to come in to assist at the Invasion with a Body of 2000 Horse where-ever he would appoint That Meeting was upon a Monday We had two Meetings Mr. Sol. Gen. You say there were two Meetings pray how long afterwards was it before you had the second Meeting What was the second Meeting to confirm the first Mr. Porter Chernock did tell me he was to go in 2 or 3 Days after the second Meeting Mr. Sol. Gen. What was the Occasion of the second Meeting Mr. Porter Chernock did desire that we might meet that he might see if we were all agreed in our Resolution Mr. Sol. Gen. What do you know of a Commission for Sir John Friend to raise a Regiment of Horse Mr. Porter I know nothing of it but as I did hear from Peoples Talk I did hear him say he would be as ready as any Man when the time came but I did hear from Mr. Chernock and Sir William Parkins that he had a Commission Mr. Sol. Gen. But was the Prisoner at the Bar present at the second Meeting Mr. Porter He was at the second Meeting L. C. J. H. But what were their Names those who were present at the second Meeting Mr. Porter Mr. Porter I was at the second Meeting the Prisoner at the Bar was there I can't tell whether Montgomery or Goodman were there but the Prisoner at the Bar was there at both Meetings L. C. J. H. Pray remember and recollect your self Who was there at the first Meeting Mr. Porter Would you have me name them my Lord There was my Lord Aylsbury and my Lord Montgomery Sir John Friend Sir William Perkins Sir John Fenwick Mr. Charnock Mr. Cook and my self we Dined there and after Dinner Goodman came in Mr. Sol. Gen. Mr. Porter When saw you Charnock afterward Mr. Porter I never saw him 'till three or four Days after I was taken about the Riot and he told me he had been in France and that he had spoken with the Late King James who told him that the French King could not spare so many Men that year And that he had been with my Lord Aylsbury my Lord Montgomery Sir John Friend c. with that Message from the Late King so he told me Mr. Sol. Gen. Pray give an account what Meetings Sir John Friend hath been at last Winter Mr. Porter At the Nagg's-Head-Tavern in James's Street I was another time with Sir George Berclay and Sir John Friend I can't tell what Discourse they had for they whispered together there were no publick Discourses that I heard There were Sir George Berclay Sir William Perkins my self Mr. Ferguson and one Homes at the Naggs-Head in James's Street Mr. Attor Gen. Was there any body else there Mr. Porter Mr. Charnock came in after Dinner and one Harrison Mr. Attor Gen. What
H. Do you hear me Are all Papists not good VVitnesses to prove a Man a Traytor by 25 Edw. 3. Who says so Sir J. Friend I appeal to the 25th of Edw. 3. L. C. J. H. It can't be Sir J. Friend Is there not such a Statute L. C. J. H. There is no such thing Sir J. Friend Read the 30th of King James I. Chap. 4.30 Car. II. and other Statutes Papists or reputed Papists are not to be believed against Protestants who are by them believed to be damnable Hereticks L. C. J. H. There is no such thing Where is your Statute Sir J. Friend My Lord the first Witness that I sent for from the Gatehouse is not yet come if your Lordship will please to stay Pray Sir it is very Material L. C. J. H. Will you call any Witnesses in the mean time or any thing else Then Mr. Courtney was brought into the Court by the Keeper of the Gate-house L. C. J. H. Call William Courtney Is this the Witness you would have Sir John Friend Sir J. Friend My Lord may I ask one Question L. C. J. H. Yes ask what Questions you will Sir J. Friend Mr. Courtney I desire you to speak what you know of Captain Blair Mr. Courtney I do know this Gentleman I have been a Prisoner in the Gate-house above a Month Captain Blair at the same time came in there or a Man mention'd in the Proclamation and knowing I was an old Acquaintance of his came to me and when I was told Captain Blair was come to see me I desir'd him to come down to me and when I saw him I told him I hoped he was not in the Proclamation He told me he was but that he was innocent and knew nothing of the Plot nor Privy to any thing like it And several others in the Place can say that Captain Blair said he knew nothing of a Plot but that he was as innocent as a Child Unborn Sir J. Friend What did he say of me Mr. Courtney I know now nothing of that Sir J. Friend Do you know any thing of his being a Roman Catholick Mr. Courtney I know nothing of that Sir John he bore the Character of one I never saw him at Church Mr. Just Rokeby How long have you known Captain Blair Mr. Courtney I have known him these six or seven Years Mr. Just Rokeby How know you him to be a Captain Mr. Courtney I know nothing of that He was call'd by the name of Captain Blair all the time I knew him I know no other Sir J. Friend Did you not hear he was a Roman Catholick Mr. Courtney I heard that Character of him I never saw him at any Church there are several Witnesses of this Sir John as well as I. Sir J. Friend Sir you are a Stranger to me but a Note was sent to me to desire that his Lordship would please to send for you for that you might do me some Service Call Mr. Carpenter Do you know any thing of Mr. Blair Mr. Carpenter Mr. Carpenter No Sir I don't know him Sir J. Friend Do you know him to be a Roman Catholick Mr. Carpenter I have heard of him to have such a Character I know nothing of his Religion only as I have heard some say L. C. J. H. Mr. Courtney go to the Keeper let him carry you back to the Gate-house As Courtney was going out he whisper'd to one and said he could say something else Then the Person that heard him say so told Sir John Friend that Mr. Courtney had something more to say in his behalf Sir J. Friend My Lord Mr. Courtney says he has something else to say L. C. J. H. I pray let him speak Sir J. Friend Let that Gentleman come up Mr. King he hath something else to say Mr. Courtney Two or three days after that time a Gentleman and an Ensign in the Army Mr. Boley were reading the Flying Post in Prison and in that Flying Post it was said that Captain Blair was making a Discovery that he was Lieutenant Col. to Sir John Friend and that he received a great deal of Subsistence Mony In the mean time Blair came in and said What have you got the News Yes said I the Report is That you have made a Discovery of a Conspiracy against the King Blair answer'd They might put what they pleased into the News Paper but that he knew nothing of Sir John Friend and he had received none of the Mony This was a Surprize upon me when he spake for he was bemoaning his Conscience and his Wife told me he was very much concerned that he should go against his Conscience and said she was sure it would break her Heart L. C. J. H. Did he tell you so Mr. Courtney He told me so on Friday Night as he was lying on his Back very ill I ask'd him how he did He clasp'd his Hands and told me very Ill very Ill. What said I have you got a Cold O! No said he Life is Sweet and if it were not for Life I should not do what I do L. C. J. H. Did he tell you he went against his Conscience Mr. Courtney His Wife and he both told me so I knew nothing of my being Summoned here to day Mr. Just Rokeby Who were the Persons that were present You say there were two Persons present with you and you heard his Wife say so L. C. J. H. You say two Persons were by when you and he and his Wife were reading the Flying Post Mr. Courtney I was walking up and down the Room and Blair came in and ask'd what was the News Said I the News says you make a great Discovery against Sir John Friend and that you have received a great deal of his Regiments Subsistence Mony but he said he knew nothing of it L. C. J. H. Who were there Mr. Courtney The Ensign now a Prisoner who I suppose can â—ay the same Mr. Just Rokeby Let Blair be brought in Mr. Sheriff Make way for the Witness that he may come in and not be crowded to Death stand down Mr. Courtney Mr. Att. Gen. My Lord let Mr. Courtney repeat before Mr. Blair what he said of him Mr. Courtney I told my Lord that in my Chamber one Ensign Bole a Prisoner in the Gatehouse hearing the Flying Post cry'd about ordered it to be brought in to him in the mean time Blare came in I asked him if he had got the News He asked me what News I said there is in the News-paper that you are making a Discovery and that you were to be Lieutenant to Sir John Friend You replied they may put what they please into the Flying Post but said you I know nothing of the Matter L. C. J. H. How long ago was this Mr. Courtney This was when the News-paper came out on Friday last L. C. J. H. But did he talk of going against his Conscience Mr. Courtney On Friday Night I came to see Blair and his Wife
he had no Goods or Chattels Lands or Tenements at the time of the High Treason committed or at any time since to your Knowledge and so you say all Omnes Yes Then the Court Adjourned till Seven a Clock the next Morning the 24 th Instant The next Day at Seven a Clock the Court being met a Messenger came from Sir John Friend to the Court desiring that he might be heard a Word or two in Arrest of Judgment Cl. Cr. Set Sir John Friend to the Bar. Silence Sir J. Friend I beseech your Lordship that you will give me Leave to move in Arrest of Judgment because I am not Convicted of Treason Mr. Porter says That I with others sent in May last to King James to obtain Men from the French King And Mr. Blair says that I had a Commission from King James to be a Colonel of Horse but this is no Levying of War and therefore I am Convicted but by one Witness L. C. J. H. Sir John you were not Indicted for Levying War but for Compassing the Death of the King And as for your Commission to raise Men you gave Money to Blair your Lieutenant-Colonel to give to the Men that were to be of your Regiment Sir J. Friend I thank God I am as innocent as a Child unborn of Assassinating the King L. C. J. H. The Overt-Acts for dethroning the King are Overt-Acts for Compassing and Imagining his Death Sir J. Friend I desire your Lordship to hear my Counsel L. C. J. H. We can't enter into Examination of that Matter now You had Yesterday a long Trial. Sir J. Friend I desire I may have Counsel for the satisfaction of the World L. C. J. H. No Counsel that understand what a Counsel should do can say any thing for you in this Case Tho' it be no Treason barely to conspire to Levy War yet it is Treason to conspire to levy War to dethrone the King Sir J. Friend I desire that I may have the Liberty of Friends to come to me to take care of my Soul that little time that I have to live L. C. J. H. Yes by all means Then the Court proceeded to the Trial of Sir William Perkins And after the Jury had brought in their Verdict against him they adjourned till Five-a-Clock that Evening About Six of the Clock the Lord Mayor Mr. Common Serjeant and a sufficient Number of the Justices returned into Court and Proclamation being made for Attendance the Prisoner was brought to the Bar. Cl. Cr. Sir John Friend Hold up thy Hand Thou standest convicted of High Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to the Law Sir J. Friend I have said all already Cl. Cr. All manner of Persons are commanded to keep silence while Judgment is giving upon pain of Imprisonment Note The Sentence was pronounced against Sir William Parkins at the same time Mr. Common Serj. You the Prisoners at the Bar Sir John Friend and Sir William Parkins have been indicted for High Treason in conspiring the Death of the King for Trial thereof you have put your selves on your Country which Country have found you guilty The Crimes you are convicted of are the greatest a Man can commit Murder and Robbery are Injuries but to private Persons but to contrive the Destruction of the King is letting in Ruin upon Thousands of People For Robbery and Murder there may be something pleaded for Justification as for private Revenge c. But to set conspire and debate the Destruction of a Prince the best of Men the Father of his Country no Man had ever any Colour of Excuse for that I would not add to your Unhappiness I am sorry for the severe Judgment that you have brought upon your selves All that remains for me to do is to pronounce on you the Sentence And the Court doth award THat You and each of You be carried to the Place from whence you came and from thence be drawn on a Hurdle to the Place of Execution and be there severally Hanged but cut down while you are alive that your Privy Members be cut off that your Bowels be taken out and burnt before your Faces that your Heads be sever'd from your Bodies and your Bodies be divided into four Quarters and your Quarters to be at the King's Dispose And the Lord have Mercy on your Souls Then the Court Adjourned to the 22 d. Day of April FINIS
said First of July in the Year aforesaid at London in the Parish and Ward aforesaid Traiterously did Consult Consent and Agree to send the said Robert Charnock as a Messenger from him the said John Friend and the said other Traytors to the Jurors unknown to and into the Kingdom of France in Parts beyond the Seas to James the Second late King of England to Propose to him and Desire him to obtain of the said French King the Souldiers and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such their Traiterous Intentions and Adhesion and all other the Premisses and to inform them of all other particular Matters and Circumstances referring thereunto And also to receive Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses and to signifie report and declare the same to the said John Friend and the said other Traytors in this Kingdom of England for their Assistance Incouragement and Aid of the said Enemies of our said Sovereign Lord the King in the War aforesaid And to stir up and procure those Enemies the more readily and boldly to Invade this Kingdom of England the said Treasons and Traiterous Intentions Imaginations and Purposes of the said John Friend to perfect and bring to pass And the more easily to execute carry on and perform all the Premisses he the said John Friend during the War aforesaid so as aforesaid continued to wit on the First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly and Traiterously did procure and obtain and received and had a Commission or Writing purporting a Commission under and from the said James the Second late King of England to Constitute him the said John Friend to be a Colonel of Horse in the Army to be levyed and formed within this Kingdom of England by him and other false Traytors against our said Sovereign Lord the King And in Prosecution of the said Pretended Commission by him the said John Friend so obtained and accepted and the said Treasons and all the Traiterous Intentions aforesaid the sooner to be executed performed and fulfilled he the said John Friend afterwards to wit the said First of July in the Seventh Year aforesaid at London in the Parish and Ward aforesaid Falsly Maliciously Advisedly Privately and Traiterously divers Soldiers and Men Armed and ready to be Armed with Force and Arms to Rise and Fight and War and Rebellion against our said Sovereign Lord the King within this Kingdom of England to make and carry on and to and with the said Enemies of our said Sovereign Lord the King Foreigners and Strangers Subjects and Souldiers of the said Lewis the French King Invading this Kingdom of England to and upon their Invasion and Entry into this Kingdom of England then shortly to be expected and together with him the said John Friend to be joyned and united and in Troops and Companies to be formed did Levy List and Retain and caused to be Levyed Listed and Retained and divers sums of Money in and about the Levying Listing and Retaining the said Soldiers and Men Armed and ready to be Armed for the Purposes aforesaid on the said First of July in the Seventh Year aforesaid at London aforesaid Falsly Maliciously and Traiterously did give and pay and cause to be paid and those Soldiers and Men the Traiterous Intentions and Purposes aforesaid â—hen and long after had in readiness And also on the said First of July in the Year aforesaid at London aforesaid divers Horses and very many Arms Blunderbusses Muskets Pistols Swords and Rapiers and other Warlike things and Instruments Falsly Maliciously Secretly and Traiterously he did buy gather together and procure and caused to be bought gathered together obtained and procured and in his Custody had and retained with Intentions to use the same in the â—aid Invasion War and Rebellion against our said Soveraign Lord the King to depose throw down and deprive our said Sovereign Lord the King of and from his Kingly State Crown and Throne of this Kingdom of England and Him to Kill and Murder And all the other Traiterous Intentions and Purposes of him the said Sir John Friend to fulfil perfect and fully to bring to effect against the Duty of his Allegiance against the Peace c. And against the form of the Statute 〈◊〉 such case made and provided c. How say you Sir John Friend Art thou Guilty of the High Treason whereof thou standâ— Indicted or not Guilty Sir J. Friend Not Guilty Cl. of the Cr. How wilt Thou be Try'd Sir J. Friend By God and the Countrey Cl. of the Cr. God send you a good Deliverance Sir J. Friend Amen I do not question it Then the Clerk of the Crown began to call over the Jury Sir J. Friend My Lord I have some thing to move if Your Lordship please My Lord If any matter of Law doth arise I humbly move that I may be heard by Counsel that I may not be destroyed without Law L. C. J. H. If any matter of Law doth arise on the Tryal and you tell us what that Matter of Law is if the Court sees it a Matter of doubt the Court can assign you Counsel Sir J. Friend My Lord I am no Lawyer I hope as Your Lordship is of Counsel for the King so you will please to be so for me for I am no Lawyer and know not whether it be matter of Law or not so I beseech Your Lordship to tell me if it be Law or not Law L. C. J. H. We are bound to tell you so and to be Indifferent between the King and the Prisoner and to let you have all the Benefit of the Law possible and will do so Sir J. Friend I do not Question it my Lord. Cl. of the Cr. Cryer Make Proclamation Cryer Oyes Oyes Oyes You Jury-Men c. Cl. of the Cr. Sir John Friend Hold up thy hand You the Prisoner at the Bar Those Men that you shall hear called and personally appear are to pass between Our Sovereign Lord the King and you upon Tryal of your Life and Death If therefore you will Challenge them or either of them your time is to challenge them as they come to the Book to be Sworn and before they be Sworn Sir J. Friend My Lord How many may I Challenge L. C. J. H. You may Challenge that is Except against Thirty Five without shewing any Cause If you have good Cause against any more you may refuse them Sir J. Friend It may be my Lord I may mistake I desire of your Lordship that I may have timely notice of the Five and Thirty L. C. J. H. You shall know it Then the Jury were Sworn whose Names were as followeth Thomas Clerke Thomas Emms. Henry Hunter Thomas Poole Peter Parker Samuel Jackson Nathaniel Long.
is he Mr. Porter He is reputed a Roman Priest Mr. Attor Gen. What was that Meeting for Mr. Porter I don't know what that Meeting was for Mr. Attor Gen. What did you Discourse of Mr. Porter There were several Whisperings in the Room but I know not what they were about One time Sir George Berclay told me that some People not so violent wrote over to King James to stop this Business then you will have no Letters to Night said Sir John Friend If any thing be hid from me behind the Curtain I am not fairly dealt withall and I will proceed no further L. C. J. H. Mr. Porter I will ask you this Question Did all that were present at the first Meeting at the King 's Head in Leaden-Hall-Street agree to send Charnock to the Late King James into France at the second Meeting Mr. Porter Yes my Lord all of us did at the second Meeting We desired Mr. Charnock to assure for us to the Late King James that we would all meet him at his Landing at the head of 2000 Horse L. C. J. H. Did Sir John Friend agree to it Mr. Porter Yes my Lord positively at the second Meeting at James's street L. C. J. H. What was said there Mr. Porter My Lord we did all agree that Captain Charnock should go over with that Message we agreed on at the first Meeting and he was to go over in two or three days Sir J. Friend I would ask him if he hath done and hath no more to say Mr. Porter I have no more to say Mr. Attor Gen. Now call Blair L. C. J. H. What Answer did Charnock bring back Mr. Porter He told me the French King could not spare so many Men that year Mr. Attor Gen. Swear Blair Do you know the Prisoner at the Bar Mr. Blair I am sorry to come on this account Sir John with all my heart Mr. Attor Gen. Give an account Mr. Blair of what you know of Sir John Friend's Commission to raise Forces and what was done upon the whole matter turn your face that way and the Jury will hear you the better Mr. Blair All is true what I writ in my Papers Mr. Soll. Gen. All is true you must tell now what you know Mr. Blair I saw the Commission and I read it L. C. J. H. What Commission was it Mr. Blair It was a Commission from King James to Sir John Friend Mr. Attor Gen. Pray did you see it Mr. Blair I saw it at his Lodging in the Strand Mr. Attor Gen. Whose Lodgings Mr. Blair At his Lodgings in the Strand in Surry-Street Mr. Attor Gen. Who shew'd you the Commission Mr. Blair He shewed it me himself Mr. Attor Gen. What was it for Mr. Blair For Raising a Regiment of Horse for the King's Service Mr. Attor Gen. How long ago Mr. Blair It is very near a year ago or there abouts Mr. Attor Gen. Who was to be Colonel of the Regiment Mr. Blair He was nominated Colonel himself L. C. J. H. Who was the Commission to Mr. Blair To Sir John Friend Mr. Attor Gen. Pray give account what was done upon it and what Officers he did appoint Mr. Blair He promised to make me Lieutenant Colonel Mr. Attor Gen. What other Officers Mr. Blair Sir John told me one Richardson was to be one of his Captains and I brought one Fisher to him and he was to be one of his Eldest Captains Mr. Attor Gen. Who else was the other Officer can you remember Mr. Blair One Captain Evans told me he was to be Captain Lieutenant and one Vernatti was to be a Captain Mr. Attor Gen. Do you remember who was to be his Major Mr. Blair I think he was not positive himself who should be his Major but afterwards I spoke with Captain Barnesley who had been a Lieutenant in King James's Service a Lieutenant of Horse sometimes he accepted of it and sometimes he refused it Mr. Attor Gen. What did you do as Lieutenant Colonel Mr. Blair I endeavoured all I could to get Officers for him who would bring in Troopers Mr. Attor Gen. You must speak out Mr. Blair I endeavour it I am so ill I cannot I endeavoured all I could to get Officers for him that could raise Troopers and I endeavoured to get what Men I could get my self Mr. Attor Gen. And what did you get what Officers did you procure for him Mr. Blair I have told you Mr. Attor Gen. One Vernatti Fisher and one Mr. Hall a Merchant at Deal Mr. Blair All is down in my Papers Mr. Attor Gen. Pray Sir what Troopers did you engage any Persons to be Troopers Mr. Blair I my self Sir yes Sir Mr. Attor Gen. Can you name any of them Mr. Blair Yes in my Papers Mr. Attor Gen. If you have any Papers about you you may use them to refresh your Memory Mr. Blair I have none but all is down in my Papers that I Signed before the Council Bertram was to be my Lieutenant Mr. Montague You say you were constituted a Lieutenant Colonel who made you so Mr. Blair I had only the Promise of Sir John Friend Mr. Attor Gen. But did you lay out any mony or did Sir John Friend pay you any mony for this Service Pray give an account of it Mr. Blair Yes I had several small Sums of mony of him Mr. Attor Gen. What was it for Mr. Blair It was to encourage and drink with the Men to encourage them Mr. Attor Gen. But did Piggot pay you any Mony and by whose Order Mr. Blair Yes Sir Mr. Attor Gen. Pray give an account of that Mr. Blair He paid me first twenty Pound and then twenty Pound more Mr. Attor Gen. By whose Order Mr. Blair By Sir John Friend's Order Mr. Attor Gen. How do you know Sir John Friend ordered him to pay you Mr. Blair Because it was on account of Mony he had once parted with to facilitate Parker's Escape out of the Tower Mr. Attor Gen. How do you know Sir John Friend advanced any Mony toward that Escape Mr. Blair He told me so himself Mr. Attor Gen. How much Mr. Blair A Hundred Pound Mr. Attor Gen. What did he say of that 100 Pound how he was to be paid it again Mr. Blair He told me King James had ordered the payment of it in France at St. Germains when Piggot went over and that I think he went over immediately afterward that he did receive it and when he came over he refused to pay it him and so he never had it but only that 40 Pound as I can learn Mr. Attor Gen. How much Mr. Blair That 20. and 20 Pound more Mr. Attor Gen. Did Sir John Friend tell you so Mr. Blair Yes that he had received 100 Pound but he would not pay it him but if I could get so much Mony of him he would allow it me out of that hundred Pound Mr. Attor Gen. When was the first 20 Pound paid about what time Mr. Blair I set it
down in my Papers Mr. Attor Gen. Can't you tell what time it was last Summer or Winter Mr. Blair It was about the last of May or June Mr. Soll. Gen. That was the first 20 Pound when was the last 20 Pound paid Mr. Blair The last 20 Pound was paid when I was Sick after Michaelmas Mr. Attor Gen. Who was by when the last 20 Pound was paid Mr. Blair Mr. Piggot paid me five Pounds I had it at several Payments at Jonathan's Coffee-House five Pounds of it the last of the twenty Pound the other at two or three Payments besides Mr. Attor Gen. Do you know any thing of Sir John Friend's receiving a Letter from the Late King James Mr. Blair Yes he told me he had Mr. Attor Gen. When was it Mr. Blair Truly Sir I can't tell you that Mr. Attor Gen. Was it within twelve Months past Mr. Blair Yes I believe it was Sir J. Friend I can't hear half what he says Mr. Blair Sir John You told me you receiv'd a Letter from the Late K. James Sir J. Friend My Lord I can't hear what he says Mr. Attor Gen. Had you at any time any Discourse with Sir John Friend about Colonel Sclater Mr. Blair Yes he told me Sclater was to bring in ten Horses and that he designed to make him Lieutenant Colonel He said he would have two Lieutenant Colonels in his Regiment and when I was not satisfied with that Sir John Friend told me that he should be Captain of a Troop of Non-swearing Parsons for he believed he should have a Troop of them and they should be Independent L. C. J. H. Who was to Command that Troop Mr. Blair Colonel Sclater was to Command that Troop Mr. Sol. Gen. You say Sclater was to Command a Troop of Non-swearing Parsons You say Sir J. Friend and you met at Jonathan's Coffee-House Mr. Blair Yes Sir several times I met him there Mr. Sol. Gen. What Discourse had you there Mr. Blair I called him aside to speak to him and it was when Mr. Fisher was there L. C. J. H. Turn your Face that way Mr. Blair I called him out and desired to speak with him a little before the Horrid Conspiracy broke out and told him what I heard from Fisher about the Discovery and Harrison the Priest and he told me they had heard of it and were afraid it would ruine King James in his Affairs Mr. Attor Gen. What was that Conspiracy Mr. Blair This last Horrid Assassination Mr. Attor Gen. Was it the Conspiracy against the King's Life and seizing the King Was it before it broke out that he told you so Mr. Blair Yes Sir before it broke out and very shortly before it broke out Mr. Attor Gen. You say you met Sir John Friend and he took you into his Coach Mr. Blair Yes he took me in his Coach to St. Martins le Grand and said He would do nothing till the Thoulon Fleet met the Brest Fleet and by that time says he we shall be all taken up and you may skulk about the Town better than I You must be a very good Husband of your Money for Money will be very scarce What do you think will mount you said he I can't tell said I that is according as I am mounted I will mount said he but few indigent Officers That was the most material that past at that time Mr. Attor Gen. What was you to do when you were to skulk about Mr. Blair There is the Letter from Sir John Friend for the last 20 Pound Mr. Attor Gen. Is that his own Hand Mr. Blair I think so Mr. Attor Gen. What have you heard Sir Joh. Friend speak about Sir Joh. Fenwick Mr. Blair I have heard him say He believed he should command the Regiment he was engaged in and that Sir John Fenwick had Four Troops of Horse in a readiness Mr. Attor Gen. For what purpose were these Four Troops to be in a readiness Mr. Blair For the Descent Mr. Attor Gen. Is that Sir John Friend's Hand Mr. Blair I suppose so Sir Mr. Attor Gen. Have you seen him write Mr. Blair Yes Sir I think it is a little like it Jury-man Ask him if he saw him write the Letter L. C. J. H. Did you see him write it Mr. Blair No. L. C. J. H. He doth not say so Mr. Attor Gen. Did he ever afterward tell you that he had writ such a Letter Mr. Blair Yes Sir L. C. J. H. Read the Letter Then the Letter was read which was to this purpose Mr. Blair Tuesday Morning Sir You may much wonder you have not received an Answer of yours before I have been afflicted with the Gout in my Hands and Feet that I have not been able to put Pen to Paper I thank God I am now something better I hope to be in London on Thursday next about Twelve at Jonathan's Coffee-House if the Weather don't prevent me if not I shall not come till Monday morning I desire you to meet me at that Hour for it is not convenient to write a Jot more for some Reason I can give you I am your affectionate Friend John Friend Mr. Attor Gen. Did Sir John meet you at that time Mr. Blair Yes Sir Mr. Attor Gen. How did that Letter come to your Hand Mr. Blair I believe there came one with it when I was a-bed to the Door of my Lodgings my Wife brought it up to me and I do not know of any other way Mr. Attor Gen. Did Sir John Friend afterward meet with you at Jonathan's Coffee-House Mr. Blair He did not speak a Word of the Business Mr. Attor Gen. But did he meet with you Mr. Blair Yes Sir and accordingly I had the Order for 20 Pound Mr. Attorn Gen. Do you remember you Dined with Sir John Friend near the Exchange in January last Mr. Blair Yes I think I did Mr. Attor Gen. Pray what Discourse pass'd between you and him then Who were then at Dinner besides Sir John Friend and you Mr. Blair That I must refer to my Papers Mr. Att. Gen. If you can remember what discourse past between Sir John Friend and you Mr. Blair It is down in my Papers I am sure it is Mr. Att. Gen. Do you know Capt. Ridley Was he with you any time when the Prisoner was there L. C. J. H. Silence in the Court It is a strange thing Pray Gentlemen keep silence Sir J. Friend I can't hear one word L. C. J. H. He speaks of a Letter that you sent to him that bears Date on some Tuesday that you would be in Town and meet him some Thursday following at Twelve a Clock Did you hear that And he me met you accordingly and there was order taken for the last 20 l. that was paid him Did you hear that Sir J. Friend No my Lord. L. C. J. H. Go on You say you met at the Coffee-House What was done between you and him Mr. Blair Nothing but the Order L. C. J. H.
Who did he give the Order to Mr. Att. Gen. VVas Harrison there then Mr. Blair Yes He came before I came away L. C. J. H. And did Sir John Friend give you the Order Mr. Blair Yes Mr. Att. Gen. VVhat was the Order Mr. Blair To pay that Money Mr. Att. Gen. How much was the Money Mr. Blair Twenty Pounds Mr. Att. Gen. And was it paid afterward Mr. Blair Yes Sir all paid Mr. Att. Gen. VVho paid it Mr. Blair Mr. Piggott came in afterward and paid me 5 l. before Sir John L. C. J. H. VVas this the first 20 l. or the last Mr. Blair No the last L. C. J. H. VVhat was this Money paid to you for Mr. Blair I believe to support Men to go on about the Business L. C. J. H. You believe so Mr Blair Yes I am sure it was so L. C. J. H. Did you ever demand any Money before Mr. Blair Yes my Lord. L. C. J. H. For what Mr. Blair I demanded it for Drink for the Men I was to bring in to cherish them and keep them together Mr. Just Rokeby To what purpose was you to drink with them and cherish them bring them into the Regiment Mr. Soll. Gen. Had Sir John Friend any occasion to pay you any Money upon any other account but that 100 l. Mr. Blair Not that I know of Mr. Soll. Gen. You don't understand the Question Had you any other dealing with Sir John Friend but concerning the Regiment upon the account of which Sir John owed you any Money Mr. Blair No never in my life Mr. Att. Gen. Do you remember any Meeting between Sir John and you when Capt. Ridley was present Mr. Blair Yes I remember it was at a Chopp-House Mr. Att. Gen. VVhat Discourse had you then Mr. Blair He said Mr. Att. Gen. VVho said Mr. Blair Ridley That there was a Gentleman lately gon over to France about ten days before and that he was a very sensible Man and a Roman Catholick about sixty Years old what he was I can't tell naming no Man Mr. Att. Gen. VVhat did he go for Mr. Blair He said he believed he went to receive the last Orders Mr. Att. Gen. VVhat did Sir John Friend say on that Mr. Blair Sir John Friend said he knew not and said no more Mr. Att. Gen. VVhat were the Effects of that Order Mr. Blair The Lord knows I know not Mr. Att. Gen. Did you know Mr. Charnock Mr. Blair Yes I knew him and met him accidentally last Summer and did not think to see him so soon he told me he was come from France but who sent him I don't know upon my Life Mr. Att. Gen. Pray have you heard what Sir John Friend said of Mr. Ferguson was he to be an Officer Mr. Blair I don't know that Sir John Friend told me he would Joyn him Mr. Att. Gen. Did Sir John Friend tell you so Mr. Blair Yes Sir Mr. Att. Gen. VVhen did Sir John Friend tell you so Mr. Blair A good while ago two Years ago and above Sir as near as I can remember Mr. Att. Gen. Did Sir John Friend tell you of Ferguson's bringing in any Men Mr. Blair Yes Sir he said he would bring in a great many L. C. J. H. Sir John Friend will you ask this Witness any Questions Sir J. Friend If they have done with him L. C. J. H. The King's Councel have done with him Sir J. Friend My Lord as to a Commission Doth he charge me with a Commission from K. James Mr. Blair Yes Sir Sir J. Friend I desire to know if it were Signed or Sealed or what Date it was whether 2 or 3 Years or 5 Years or when it was Mr. Blair I can't tell indeed Sir John Sir J. Friend But what Date was this Commission Mr. Blair I can't tell but it was in Paper Signed above James Rex and below by his Majesties Command Melford and there was a little Seal on the Margin Sir J. Friend It is the hardest thing in the World you have charged me with You were recommended to me for a very honest Gentleman you have often writ to me Sir my necessities are very great You have sent to me several times Sir it is a very dead time I am ready to Starve for the Lord's sake let me have a little Mony I never gave him any but for Charity God knows my Heart I desire to know if you have not done this Pray Sir answer me to that There is a God you must give an account to as well as I Answer me if you have not writ these Lines to me Mr. Blair I have done this Sir John Sir J. Friend and whether the Mony I gave you was not on meer Charity Mr. Blair Ay Sir But I had expended so much Mony on your Business that it had reduced me to that Condition God knows it cost me many a Pound to do your Business more than I had of you Sir J. Friend You were pleased to say you Listed a great many Persons for me VVho were they and what were their Names Mr. Blair I gave a List into the Council Sir J. Friend I know nothing of that Mr. Blair I brought several Officers to you Sir I told him I brought in several Officers to him and made him acquainted with them Mr. Att. Gen. Tell him as many as you can name Mr. Blair I have named the Officers already Mr. Att. Gen. Name them again Recollect your Memory Mr. Blair Did not I bring Capt. Fisher to you with a promise that he should be Eldest Captain Sir J. Friend No Sir You never brought Fisher to me Mr. Att. Gen. These are Questions of your asking which he Answers Mr. Blair I brought Fisher to you and accordingly you dined at Capt. Symonds and there was Capt. Ridley Richardson and Fisher and in my own hearing you Listed Fisher and promised him he should be your eldest Captain on condition he would bring in a Troop This is true and Fisher promised accordingly Sir J. Friend VVho were the Men you Listed Mr. Blair I never spake of Listing only of Encouraging Sir J. Friend Did not you speak of Listing a great many Men Mr. Blair No only of Encouraging I did not speak of Lifting I hope my Lord. Mr. Att. Gen. Tell him what you did say Mr. Blair I said I had Mony from you for Incouraging those that were Listed and you told me it was impossible to do it but we must have Mony now and then and we must be good Husbands you told me Sir John Did not I bring you Mr. Cole that Lives at Deal Did not his Brother-in-law Mr. Robinson and Mr. Gillibrand Dine there Did not we Dine with you Sir J. Friend I know nothing of that I do declare Mr. Blair My Lord I brought these 3 Gentlemen to him and we Dined together Jury-Man Where did you Dine Mr. Blair We Dined at Hackney when Sir John Friend Lived at Hackney at his own House Sir J. Friend When was
it Mr. Blair Above a Year ago or thereabouts as near as I can remember And do you not remember Sir John if you do not dash me out of Countenance I endeavour to speak nothing but Truth So help me God we were merry over a Glass of Wine Cole was your Mothers name and did not you promise him to make him next Man after the Commissioners in the Excise And said I Sir John what will you give me O says he you are to have the Regiment And this was before Mr. Cole and Mr. Robinson his Brother-in-law and Mr. Gillibrand now at Deal L. C. J. H. Was Cole to be any thing in the Regiment Mr. Blair He was to be a Captain my Lord and to bring in a Troop I am sick and weak my Lord and cannot speak out Mr. Att. Gen. Will you ask him any more Questions Sir J. Friend My Lord I do not remember half Mr. Att. Gen. Do you remember any Discourse Nay do not speak to the Jury Sir J. Friend I must depend upon the Jury I have not heard half what he says I hope the Jury have taken care of it L. C. J. H. It hath been repeated what you complained of but will you ask him about the Letter Sir J. Friend Was it my Letter Mr. Blair Yes Sir J. Friend How came it to your hand Mr. Blair By a Porter I think my Wife brought it to me Sir J. Friend What was it for Mr. Blair In order to pay the last twenty Pounds and now I am sure it was it comes into my mind Sir J. Friend You say you saw me write a Letter to King James L. C. J. H. Who shewed you that Letter You say he wrote to King James Who shewed it you Mr. Blair He shewed it me himself L. C. J. H. When was it Mr. Blair About a Year ago Mr. Att. Gen. And did he say he had an Answer to it Jury-Man You said you saw him write a Letter Mr. Blair No I say I saw a Letter L. C. J. H. What would you have him asked What Questions you would have him asked propose to the Court. Did you see him write that Letter Mr. Blair No he shewed me a Letter he said he wrote to King James And I remember a passage to confirm it at Pigott's Mothers House I Dined with him and some others that day and I told him I was so well pleased with the Penning of it that I told him I believed Ferguson had a Hand in it at which he was very angry and hath not been my Friend ever since L. C. J. H. Can you remember any of the Contents of the Letter Mr. Blair Really My Lord I am very apt to fail of that but it was about Business of the King and about his Regiment and that affair I am positive of if I were now to Die Mr. Att. Gen. I would not have the Jury go away with a mistake the Jury-Man said he saw him write a Letter Mr. Blair No no. Jury That was the occasion of asking the Question When was that Letter Sir J. Friend When was that Letter writ Mr. Blair About a Year and half ago Sir J. Friend I declare in the Presence of God I never wrote one Mr. Att. Gen. Do not mistake Sir John he said you shewed him a Letter that you said you wrote Mr. Blair I declare in the Presence of God I saw that Letter Sir J. Friend Do not do any thing unseemly But when a Person charges me with writting a Letter L. C. J. H. He said you shewed him a Letter that you said you had writ to King James and that it was so well writ that he believed Ferguson had a Hand in it and he thought you took offence at it Sir J. Friend In the Presence of God my Lord I did not I have no Witness Mr. Att. Gen. Have you any other Questions to ask him Sir J. Friend No. Mr. Common Serj. Let him sit down and not go out of the Court. Sir John Friend speaks to the Jury Mr. Sheriff Speak to the Court. L. C. J. H. You speak so low that the Court cannot hear you speak so as the Court may hear you Sir J. Friend I shall my Lord He is a Roman Catholick and I hope to have a Witness that he is so Will that be heard Mr. Att. Gen. Pray Sir stay till we have done with our Evidence Bertram Call Mr. Bertram give him his Oath Do you know Mr. Blair Mr. Bertram Yes Sir Mr. Att. Gen. How long have you known him Mr. Bertram This 8 or 9 Years Mr. Att. Gen. What Discourse have you had with him about any Regiment Mr. Bertram Capt. Blair hath told me for these two Years almost last past that Sir John Friend was to have a Regiment of Horse raised about Town and that he was to be Lieut. Colonel and that I was to be Lieutenant under Capt. Blair in the Regiment and he Obliged me to bring in as many Men and Horses as I could into this Regiment And he told me one Capt. Fisher and one Vernatty and one Cole were to be Captains in this Regiment L. C. J. H. VVhat were you to be Mr. Bertram A Lieutenant Sir L. C. J. H. To whom Mr. Bertram To Capt. Blair And Capt. Blair told me several times that he had Letters from beyond Sea relating to that purpose L. C. J. H. This is no Evidence against Sir John Friend but he is called to confirm the Evidence of Mr. Blair But Mr. Blair spoke of him before he gave his Evidence Mr. Att. Gen. Sir John Friend asked what Men Mr. Blair had engaged Now we produce Mr. Bertram to declare what Men he had engaged L. C. J H. His Evidence hurts you not but only affirms what Mr. Blair had said The Kings Councel have now done Sir John Friend you may call what VVitnesses you have a mind to call Sir J. Friend May I speak my Lord L. C. J. H. Yes you may Sir J. Friend My Lord In the first place I wait for one of my VVitnesses Mr. Porter says That I was at a Meeting at the Kings-head in Leaden-hall-street but how many were there I can't tell but there was not one word spoke of any thing of that Nature but we were drinking a Glass of VVine and Sir John Fenwick at that time came in Says he Come I will desire you to go to our end of the Town and take a Dish of Meat with us and I went up thither and there was not a word spoken Gentlemen I am a Protestant and they are Papists and care not what they say They think they merit Heaven by destroying Protestants by what they say and they are not to be believed that is the reason I put that Question and they are not VVitnesses to be allowed and for that I appeal to your Lordship they think they merit Heaven by destroying Protestants My Lord They are not good VVitnesses against Protestants by 25 Edw. 3. L. C. J.
same effect L. C. J. H. Whom you think fit call whom you will Sir J. Friend But one thing I desire before If these two Gentlemen Blair and Porter and none but these two if they are Papists they are not good Witnesses against a Protestant to prove him a Traytor by 25 Edw. 3. For that Statute says He that is Indicted must be proved Attainted which can't be by the Evidence of Papists and that because they do refuse to take the Oaths of Allegiance required to be taken And therefore I humbly beseech your Lordship that you will be pleased to tender them the Oaths for there is a Statute 3 Jac. 1. c. 4. I desire they may be tendred their Oaths L. C. J. H. That is not the present Business at this time We must go on with the present Business Sir J. Friend They are not substantial Witnesses for this is the Law as I am informed I only speak as I did at first before ever they were sworn I desired to know when 't was convenient for me to insist upon this before ever they were sworn I asked whether they were Papists that they would not tell me that was not allowed of it was over-ruled by the Court But there is such a Statute and my Witnesses have said that they are Papists there lies a great deal upon it my Lord and I humbly beseech your Lordship I hope you will not take it amiss that I do insist upon it L. C. J. H. No by no means I will take nothing amiss Sir J. Friend 25 Edw. 3. 30 Car. 2. 3 Jac. 1. c. 4. I desire may be read for there it is That if any Roman Catholick swear against any Protestant who are by them accounted Hereticks they are not to be believed for the Priest can absolve them from all Oaths And they use Equivocations and mental Reservations and may have a Dispensation for such Forswearing and afterward for all Villanies and therefore they are not to be credited and their Evidence is really none till they shall renounce those Matters and Principles Therefore I humbly beseech your Lordship that these Statutes may be read L. C. J. H. Read the Statute 3 Jac. 1. c. 4. Sir J. Friend My Lord your Lordship was pleased to promise me That if any thing should arise that was Matter of Law my Counsel should be heard pray let me know if there be any Matter of Law in it and if there be I humbly beg my Counsel may be heard L. C. J. H. Let us know first if there be matter of Law Sir J. Friend My Lord my Life is in danger I am as clear as a Child unborn L. C. J. H. If the Court did think there was any Colour in this Objection you make we would let you have Counsel nay we would do it now if we could do it by Law Sir J. Friend How do you say may it please your Lordship L. C. J. H. If there were any Colour in what you say in Relation to a Papist being no Evidence we would hear your Counsel I would be glad to hear that Counsel that would own your Objection the Statute shall be produced and we shall see if there be any such thing or any thing like it Sir J. Friend I don't understand the Law my Lord not I. I would be glad to hear Counsel for my own satisfaction L. C. J. H. Look you Sir John Friend you shall have what is fit to be done You desire to have the Statute read and it shall be all read Sir J. Friend My Lord I desire that 25 Edw. 3. and 30 Car. 2. may be read L. C. J. H. What Chapter Sir J. Friend I have it down here L. C. J. H. Then read the 25th of Edw. 3. Gentlemen of the Jury Sir John Friend desires the 25th of Edw. 3. the Statute on which he is indicted may be read Sir J. Friend My Lord I beseech you that I may speak one Word before you go on to read this Statute My Lord I am advised by Counsel a Consultation to levy War is no Treason without Rebellion Insurrection and Invasion and inviting Men over is no Treason unless a Foreign Prince be invited to come with his own Subjects I am no Lawyer I leave that to your Lordship likewise Clerk reads the Statute Sir J. Friend I don't think that is the Statute L. C. J. Holt. Yes that is the Statute you mention Sir J. Friend I do not know whether that be the Chapter I have not the Chapter L. C. J. Holt. Read the Statute of 3 Jac. 1. c. 4. Sir J. Friend There may be a Mistake in the Chapter I have not the Chapter L. C. J. H. This is the Statute relating to High Treason and has in it those very Words that are in your Paper which you have read to the Court. Sir J. Friend Read the 3d. of K. James 1. c. 4. which relates to the tendring the Oaths to the Papists the Oaths appointed to be taken by the Statute they ought to have the Oaths tendred to them L. C. J. H. That is another time Sir J. Friend Pray my Lord Cl. of the Cr. O here it is Sir J. Friend No Roman Catholick is capable of having an Oath administred to him to be a Witness L. C. J. H. Read it out Sir J. Friend I only speak of Roman Catholicks I am told that Roman Catholicks regard not any Oath because they have Priests that can absolve them and therefore I only speak this because I know not how their Oath can sway with any one Therefore your Lordship being my Counsel I would desire my Lord that if there be any thing that I have omitted that you would please to help me Your Lordship was pleased to say You were my Counsel and that you would assist me for I am as Innocent as the Child unborn however these Men have sworn against me This is a hard thing and to lay this upon a Gentleman and that by these two Papists 't is a very hard thing L. C. J. H. Have you any Witness to prove that these Men have no Reason to charge you thus Have they any Displeasure or Malice against you Sir J. Friend My Lord I have been so kept up I have not had time for any body to come to me I had no Counsel till Saturday Mr. Baker That is a Mistake Sir J. Friend I had it not till Friday in the Afternoon I have been kept so close that I had no body to come to me Indeed I had an Order but there was a Mistake in that Order so that no Friend could come to me that I might inquire into Things Mr. Soll. Gen. You had Notice of your Tryal on Tuesday last Mr. Baker I did attend Sir John Friend and gave him notice of his Tryal on Tuesday last and desired to know if he would name his Counsel and he was pleased to Name Mr. Northy and Sir Bartholomew Showers who did refuse to come after Orders were