I do appoint Samuel Heyrick and Isaac Cleve to Print the Trial of Sir John Friend, Kt. and that no other Person presume to Print the same. Mar. 24. 1695/ 6. J. Holt. THE ARRAIGNMENT, TRIAL, 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 Trial. LONDON, Printed for Samuel Heyrick, at Grays-Inn-Gate in Holborn; and Isaac Cleve, at Sergeants 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 FRIEND, 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. Crier, 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 Nevil, 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 Friend. Hold up thy Hand. Friend. 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? Friend. Yes, my Lord, William Courtney is his name. L. C. Just. Holt. Sir John, why did not you send, and desire this before? Friend. 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 Friend, 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. Friend. 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. Friend. I assure your Lordship, I did not know so much. L. C. Just. Holt. Well, Send your Agent, or your Solicitor, and you shall have a Warrant for the Writ. Friend. I beseech your Lordship, that he may be sent for, and that the messenger may make haste. L. C. Just. Holt. Let your Solicitor come to my Clerk, and he shall have it. Friend. 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 Gatehouse else can't bring him. Friend. 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. Friend. But, my Lord, suppose he should not be here: It would be a great hindrance to me, and a greater injury in my Trial. 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 Friend, hold up thy hand, (which he did). You stand Indicted in London by the name of Sir John Friend, late of London, Kt. for that, whereas there had been for a long time, and yet is, an open, and notoriously public, 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, etc. 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 Friend, 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 Traitor against the said most Serene, most Clement, and most Excellent Prince, our said Sovereign Lord William the Third, now King of England, etc. 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 aught 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 Altar, and his Faithful Subjects, and the Freemen of this Kingdom of England, into intolerable, and most miserable Slavery, to the aforesaid French King, to Subdue, and bring, the first day of July, in the Seventh year of the Reign of our said Sovereign Lord the King that now is; and divers other days and times, as well before as after, at London, in the Parish of St. Peter Cornhill, in the Ward of Limestreet, falsely, maliciously, devilishly, and traitorously, did compass, imagine, contrive, purpose, and intent, our said Sovereign, the Lord the King that now is, than 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, Traitorously were adhering and assisting; and the same your most impious, wicked and devilish Treasons, and traitorous compassings, intentions, and purposes aforesaid, to fulfil, perfect, and bring to effect; and in prosecution, performance, and execution of that traitorous adhesion, you the said Sir John Friend, as such a false Traitor, 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, falsely, maliciously, advisedly, secretly, and traitorously, and with Force and Arms, etc. 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 Traitors, 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 form, 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 Traitors, the same first day of July, in the year abovesaid, at London aforesaid, in the Parish and Ward aforesaid, Traitorously 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 Traitors 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 Traitorous 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 Friend, and the said other Traitors 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 Traitorous Contrivances, Compassing, Imaginations, and Purposes of you the said Sir John Friend aforesaid, to perfect and fulfil, and all the Premises the sooner to execute, manage and perform, you the said Sir John Friend, 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, falsely and traitorously did procure and obtain to yourself, and did receive and accept of a certain Commission or Writing, purporting itself to be a Commission, under and from the aforesaid James the Second, late King of England, to constitute you the said Sir John Friend to be a Colonel of Horse in the Army by you and the other false Traitors against our said Lord the King that now is, within this Kingdom of England to be levied and form; and in pursuance of the said pretended Commission by you the said Sir John Friend so obtained and accepted of, and your Treasons and all your Traitorous Intentions aforesaid, the sooner to execute, perform, fulfil, and perfect, You the said Sir John Friend afterwards, (to wit) the same First Day of July, in the Seventh Year abovesaid, at London aforesaid, in the Parish and Ward aforesaid, Falsely, Maliciously, Advisedly, Secretly, and Traitorously, Divers Soldiers, and Armed Men, and ready to be Armed, with Force and Arms, etc. 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 Friend 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, Falsely, Maliciously, and Traitorously, 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, Falsely, Maliciously, Secretly, and Traitorously 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 Friend, 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 sayest thou, Sir John Friend, Art thou Guilty of this High-Treason whereof thou standest Indicted, or Not Guilty? Friend. Not Guilty, my Lord. Cl. of Arr. Culpritt. How wilt thou be Tried? Friend. By God and my Country. Cl. of Arr. God send thee good Deliverance. Friend. 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 Solicitor, to get the Writ sealed. Friend. 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 Council, that you may not destroy me without Law. L. C. Just. Holt. Look you Sir John Friend, 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 aught, and no Question shall assign you Council; but that is time enough when such matter does arise. Friend. 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 Council for the King as Judges of Law, so you will be of Council 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 myself to your Lordship's direction. L. C. Just. Holt. Sir John Friend, 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. Friend. 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 called over. Cl. of Arr. You the Prisoner at the Bar, these Men that you shall hear called, 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. Friend. Pray, Sir, How many may I challenge? L. C. Just. Holt. Look you, Sir John, you may challenge, that is, except against 35, without showing any Cause: If you done't like them to be of the Jury, you may refuse them; and as many others, as you have Cause to except against. Friend. My Lord, I humbly beseech you, that because perhaps I may mistake in numbering, 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 shown 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 Sovereign Lord the King, and Prisoner at the Bar, 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 shown 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 King's 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 Panel. 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 Trial 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 Wolf. Fr. Sir, I do assure you I have him not in my Panel, 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 Panel upon my word. Cl. of Ar. He is in the Original Panel. Mr. Sheriff Buckingham. My Lord, here is the Original Panel, and here's his name here; and there is not a person in this Panel, 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 Solicitor. Mr. Trotman. My Lord, he had none from me I am sure: I received the Panel from the Sheriff, but no body, from Sir John, was ever with me for a Copy. Fr. My Lord, my Solicitor brought it to me on Saturday night. L. C. J. H. Who is your Solicitor 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 Solicitor 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. Ay, in number, in your Copy of the Panel. Mr. Sh. Buckingham. In the Panel 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 Panel that he had from my Brother and me, and I am assured the Court will find they were all named in that Panel. Mr. Trotman. My Lord, I have the Panel, 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 Panel, are none of the half dozen that were added when we came to the knowledge 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 Panel to the proper Officer, and those that he objects against were not added, but are in the Original Panel. L. C. J. H. Truly, I can't see any body is to blame in this matter but your own Solicitor. 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 Panel. Cl. of Ar. John Sherbrook. Fr. I accept of him, (he was Sworn.) Cl. of Ar. James Blackwell. Fr. He is not in my Panel upon my word, my Lord. L. C. J. H. I can't help it, he is in the Sheriff's Panel 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 Panel. 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, etc. (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 Sergeant, 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 Jurymen of London, that have been called, and have appeared, and are not sworn may departed 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 Trial hath put himself upon God, and the Country, which Country you are; your Charge is to inquire, Whether he be 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 if he fled for it; if you find that 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 did fly for it, you are to say so, and no more, and hear your Evidence. Mr. Montague. 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 Tried, 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 Colonel 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 Money 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 Adhering 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 join 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 Sums of Money for their subsistence, and Listed, and had them in Readiness; and provided Horses and Arms. These are the Overtacts laid in the Indictment; the Evidence that will be produced 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 Sums 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 Clergyman, and he undertook to bring in a Troop of Clergymen 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 engaged to make up the Regiment. Gentlemen, you will hear farther by the Witnesses, that about May, or June last, they having raised 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 resolved 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 Empower 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 Engaged, that he might satisfy 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 Proposed and Resolved on before; for he was unwilling, and did not care to go without a full Assurance of the performance. They did all agree, and desired 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 where he would land. Pray, Gentlemen, observe the Time when these Meetings were. It was in May, or June last, soon after the King was gone to Flanders; and they thought this a fit Opportunity, when the King's Forces were drawn out of England into Flanders, for carrying on the Campaign, than was the proper Time, according as they discoursed the Matter, the People being, as they said, generally Dissatisfied, and but few Forces in England to oppose them. Mr. Charnock accordingly went over into France, and about a Month after returned again, and acquainted them that he had told King James their Resolution, and how they would assist him, and what they desired of him, and, in short, had delivered his Message: but that King James told him, He thanked them very much for their Kindness, and Readiness to assist him; but at that Time the French King could not spare any Forces, nor could it be all that Summer, and so there was nothing to be done; and thereupon it rested till the last Winter. Then, gentlemans, you will hear that the last Winter the Design was renewed again, about January last: For Sir George Barclay came over from the late King, being a Lieutenant of his Guards there, and then they entered into a Conspiracy to assassinate the King; and that was to be done first, to facilitate the Invasion, which was to follow immediately upon the Execution of the Assassination: For they thought they could have no Assurance of Success in their Invasion, as long as the King lived; and I hope every one will take notice, how precious that Life is to us, when it is so apparent to all the World, that our Enemies cannot hope for any Success to their Erterprises and Designs to destroy us, but by taking that Life away. Gentlemen, this very Conspiracy you will hear the Prisoner at the Bar was acquainted with, and privy to, even this Assassination; tho' indeed you will hear he did not much approve of it, because he thought it would be a Disservice to the late King's Affairs; but he was at several Meetings with Mr. Porter, and Mr. Charnock, and Sir William Parkins, and several others that were Conspirators in that Design, and was acquainted with it, as you will hear by the Evidence. Gentlemen, you will hear further, that about January last, the Invasion being intended to be quickly made, the Prisoner at the Bar, Sir John Friend, had frequent Meetings with Blaire, that was his Lieutenant-Colonel, and other Officers, to consider and prepare how to be in a Readiness. About that time the Prisoner at the Bar, Captain Blaire, and one Captain Ridley, met at a Place in Exchange-Ally, and there they discoursed among one another; and there Ridley said there was a considerable Roman-Catholick that was sent to King James, and he would bring the last Orders; and Sir John Friend said he knew of it very well, it was so, and he hoped he should have them brought very quickly. At another time, the Prisoner at the Bar, and Blaire his Lieutenant-Colonel, met at Jonathan's Coffeehouse, and the Prisoner took him up in his Coach, and carried him along with him, and there they had a great Discourse of the Affairs of the Regiment. The Prisoner at the Bar, Sir John Friend, told Blaire they must be very good Husbands of their Money: For if the Invasion should miscarry, he should not have Money enough to carry on his Trade, but he would take Care about some Officers that had not Money to mount themselves; but a great many were to prepare for themselves at their own Charges, and for those that were to be under them. They had likewise then some Discourse about the Thoulon Fleet coming about, and that he thought it not adviseable to stir till the Thoulon Fleet came round. He said he would not put a Foot in the Stirrup till that were done; and that he would keep out of the Way and lie private till all was in a Readiness, and advised Captain Blair to do so too. Gentlemen, you will find it further proved, that about May last, the Prisoner at the Bar paid 20 l. to this Captain Blaire, who had laid out Moneys in the Affairs of the Regiment, and this was to reimburse him what he had so laid out; and it was in this manner. You have all heard, I suppose, of one Colonel Parker, who being taken upon his coming over from France, was a Prisoner in the Tower, but made his Escape from thence, to which Escape the Prisoner at the Bar was privy. This Escape cost 300 l. as you will hear, and the Prisoner laid down 100 l. of it. But this was to be repaid him again: but how was it? there was one Johnson a Priest, a Conspirator likewise in this Design of Assassinating the King, and he undertook and promised, that the late King should pay this 100 l. And accordingly one Piggott went over into France, and had this 100 l. paid him by King James, to repay it to Sir John Friend: But he thought fit to keep the Money, and Sir John Friend could not get it of him, and he durst not ask it, because he knew the Consideration was not fit to be made public. But he told Captain Blair I cannot pay you this Money out of my own Pocket; but Piggott ought to pay me, who has received this Money of mine. If you will prevail with Johnson, who got this Money from the late King to be paid to Piggott, to persuade Piggott to pay 20 l. I will allow it in part of the Money he is to pay me, and you shall have it. Captain Blair did prevail with Johnson to persuade Piggott to pay this 20 l. and Captain Blair did receive it, and Sir John Friend did agree to allow it to Piggott out of the 100 l. due to him. Gentlemen, at another time, about Christmas last, there was another 20 l. paid by Sir John Friend's Order and Direction, by Piggott to Blair upon the same Account, by the Mediation of Johnson the Priest; and this was paid and allowed as being laid out in the Affairs of the Regiment before, he being entrusted as Lieutenant-Colonel, to look after the Regiment. Gentlemen, I have now opened the Substance of the Evidence; the particulars you will hear from the Witnesses themselves. If I have opened it amiss, you will take care, when the Witnesses are produced, to observe what they say, who will tell you what really was done, and will rectify any Mistake of mine: For I would have no such Mistake do the Prisoner at the Bar any Prejudice. Mr. Solicitor General. Gentlemen, Mr. Attorney has opened the Nature and Course of out Evidence so fully, that I shall make no Repetition of any of the particulars; but call our Witnesses and prove it in Order as it has been opened. And first, we call Captain George Porter (who came in.) Friend. My Lord, before Mr. Porter is sworn, I desire to know whether he is a Roman Catholic, or a Protestant? L. C. J. Holt. Why do you desire that? Is not a Roman Catholic a Witness? Though he be a Roman Catholic, that's no Objection to his being a Witness. Friend. My Lord, I desire to ask him the Question, Whether he be a Roman Catholic 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 would not trouble the Court if I could 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 itself; 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 answered you. Friend. Mr. Porter, You are a Gentleman, and I desire you will answer, Whether you be a Roman Catholic 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 Catholic, 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 asked. Friend. Pray, my Lord, let him answer the Question, it will be of great use to me in my Trial; 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 Catholic, 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 asked. 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 answered. 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 charged 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 could not be proved 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. Friend. I hope, Gentlemen of the Jury, you'll consider this. Mr. Sol. Gen. Mr. Porter, do you know Sir John Friend, 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 passed 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 Leadenhallstreet, 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 Friend, Sir William Parkins, Sir John Fenwick, Mr. Cook, Capt. Chernock, and myself; 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 would 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 would 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 Colonel 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 myself were there, but the Prisoner at the Bar I am sure was there. Mr. Sol. Gen. Pray, Capt. Porter, will you remember and recollect yourself, 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 Friend, Sir William Parkins, Sir John Fenwick, Captain Chernock, Mr. Cook, and myself: 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 withal, that he had been with Sir John Friend, 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 Friend 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, myself, 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. Montague. Pray, Capt. Porter, what was that Meeting for? Capt. Porter. They had several Whisper among themselves, but what they discoursed of I cannot tell. Mr. Montague. 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 Friend 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 Friend 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 Leadenhallstreet, 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 Friend ask him any Questions? Friend. 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. Friend. 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 thanked 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 Friend? 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 Friend. 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 showed it you? Capt. Blair. He showed 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 Friend. 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' 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 myself. 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 myself, 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. Montague. 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 Friend. Mr. Attorn. Gen. Pray did you lay out any Moneys for Sir John Friend? or did he ever pay you any Money afterwards? Capt. Blair. Yes, I have had several small Sums of Money from Sir John Friend? 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 Friend. Mr. Attorn. Gen. Pray, Sir, how do you know that Sir John Friend ordered him to pay it you? Capt. Blair. Because it was the Money that Piggott had received to repay Sir John Friend, 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 Friend 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 Friend. Mr. Sol. Gen. Pray, Sir, did Sir John Friend 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 Friend at Jonathan's Coffeehouse. 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 Twelvemonth? Capt. Blair. Yes, I believe it might be thereabouts. Friend. 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 satisfied with that, he said he should Command a Troop of Nonswearing 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 Independent Troop. Mr. Att. Gen. I think you say that he and you met at Jonathan's Coffee-house. Capt. B. Yes, we did so. Mr. Att. Gen. Pray what Discourse had you there? Capt. B. I called him aside, and desired to speak to him; and it was when Mr. Fisher told me of this Plot, and desired me to speak to him, a little before this horrible Conspiracy broke out. And I told him what I heard from Fisher, and from Harrison the Priest about it; and he told me that he had heard of it, and he was afraid it would ruin King James, and his Affairs. Mr. Att. Gen. What was it that you told him you had heard? Capt. B. This last horrid thing, the Conspiracy against the King's Life. Mr. Cooper. Was it before it broke out that he told you he knew of it? Capt. B. Yes, It was shortly before it broke out. Mr. Att. Gen. Pray did you meet with him again, and did he carry you in his Coach at any time? Capt. B. Yes, he did, Sir. Mr. Att. Gen. What Discourse had you then, when you was with him in the Coach? Capt. B. He took me in his Coach to St. Martin's Legrand, and, says he, I will do nothing till the Thoulon Fleet meet with the Breast Fleet; at that time perhaps we shall be all taken up; but, says he, you may sculk about the Town better than I can; and therefore I'll keep myself private; and we must be as good Husbands of our Money as we can; for Money will be very scarce. What do you think you shall need, says he? Truly, Sir, says I, I can't tell; that must be according as I am mounted. For I found I had a few Indigent Officers at that time. Mr. Att. Gen. Pray what were you to do? Capt. B. We were to sculk up and down; and when he asked me what Money I should need, I told him I could not tell; for there were several Indigent Officers, most of which begged at that time; and here is a Letter that I had from Sir John Friend, to confirm my receiving Money from him. Mr. Att. Gen. Is that Sir John Friend's own hand? Capt. B. Yes, Sir, it is. Mr. Att Gen. Then put it in, give it hither. (It was delivered in to the Attorney-General.) Mr. Sol. Gen. Pray what have you heard Sir John Friend say of Sir John Fenwick's being concerned in this matter? Capt. B. I heard him say, that he believed, that he should command the Party that he was engaged in, and that Sir John Fenwick had Four Troops of Horse, that lay near Reading to be employed. Mr. Sol. Gen. For what purpose. Capt. B. To be in readiness upon the Descent. Sir John Friend. Gentlemen of the Jury, I can't hear a word, I hope you hear. Mr. Att. Gen. Pray Sir look upon that Letter; you say you had that Letter from Sir John Friend, pray who is that H that is mentioned in it? Capt. B. It means Harrison, alias Johnson the Priest. Mr. Att. Gen. Pray, what was that Letter written for? Capt. B. It was about the last 20 l. that I was to receive from Piggot. Mr. Att. Gen. Is that Sir John Friend's hand? Capt. B. Yes, I think so Mr. Att. Gen. Have you seen Sir John Friend write? Capt. B. Yes, I have seen him write, and I think it is the same hand. Mr. Att. Gen. Then we desire it may be read. Then a Juryman desired, he might be asked whether he did see Sir John Friend write that Letter. L. C. J. Holt. What say you, did you see him write that Letter? Capt. B. No, my Lord; it came to my Lodging. Mr. Att. Gen. Did ever he own to you he had writ you such a Letter? Capt. B. Yes, he did? Mr. Att. Gen. Pray let it be read; read it all, for it is but short. Cl. of Arr. (Reads) For Capt. Blaire, These. Tuesday Morning. SIR, YOU may much wonder you have not received an Answer of Yours before now. I have been afflicted with the Gout in my hand and foot that I have not been able to put Pen to Paper; (I thank God) I am somewhat better, and do hope to be in London a Thursday next, about the hour of Twelve, at Jonathan's Coffee-house, if the Wether do not prevent me; if it do, I shall not come before Monday following: I do desire you for to meet me about that hour, for it's not convenient for to write a Note to Mr. H. for some Reasons I shall give you, when I see you. I wish you good Health. I am, Sir, Your Affectionate Friend, and Servant, John. Friend. Juryman. Pray, Sir, what Date is it of? Cl. of Arr. It has no Date, but Tuesday Morning. Mr. Att. Gen. Did Sir John Friend meet you on the Thursday, according to this Letter? Juryman. My Lord, I desire he may be asked, How this Letter came to him, whether by the Penny-post, or how? Capt. B. I don't know, I believe it was by a Porter: It came first to me when I was in Bed, and my Wife brought it up to me. Mr. Att. Gen. Pray, Sir, answer my Question. Did Sir John Friend afterwards meet you at Jonathan's Coffeehouse, according to this Letter? Capt. B. Yes, Sir, he did. Mr. Att. Gen. And did you there speak about the Business that's contained in that Letter? Capt. B. Yes, Sir, and accordingly I had the Order. Mr. Att. Gen. What Order? Capt. B. An Order for the 20 l. Mr. Soll. Gen. Capt. Blaire, Do you remember that you dined with Sir John Friend, near the Exchange, in January last? Capt. B. Yes, I think, I did, Sir. Mr. Soll. Gen. What Discourse was there between you then? Who was with you besides you Two? Capt. B. I must refer that to my Paper. Mr. Sol. Gen. Well then, What Discourse was between you and Sir John Friend there? Capt. B. It is down in my Paper. Mr. Soll. Gen. Do you know one Captain Ridley? Capt. B. Yes, Sir. Mr. Soll. Gen. Was he at any time present, when you, and the Prisoner at the Bar were together. Sir John Friend. My Lord, I cannot hear a Word he says. L. C. J. Holt. Here is a great Noise indeed, and he it seems is not well and speaks but low; pray order Silence in the Court. (Which was done by Proclamation.) L. C. J. Holt. Look ye, Sir John Friend, he speaks of a Letter that you sent to him, that bears date some Tuesday Morning, that you would be in Town, and meet him at Jonathan's Coffeehouse upon Thursday following, at Twelve a Clock; and that Letter was read, and he says he met you accordingly, and there was Orders taken for the Payment of the last 20 l. This is that he says, Did you hear it? Sir John Friend. No, my Lord, I did not. L. C. J. Holt. That is what he said. Then go on: You say he met you at Jonathan's Coffeehouse according to that Letter. Capt. B. Yes, my Lord. L. C. J. Holt. What was done there when you met? Capt. B. Nothing but the Order. L. C. J. Holt. Who did he give the Order to? Capt. B. He gave the Order to Harrison. L. C. J. Holt. 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 Deal 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 passed 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 Catholic, 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 do 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 Join, 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 Majesty's Command, Melford; and a little Seal upon the Margin. Sir John Friend. This is the hardest thing in the World upon a Man, here you have charged me with Money to Subsist and Encourage 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 yourself 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 begged 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 Catholic 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 ask, so you must hear him. Capt. B. I brought Capt. Fisher to you, and accordingly we Dined at Capt. Simons', and there was Capt. Ridley, Mr. Richardson, and Mr. Fisher and you talked together, and you listened 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, do. 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 dashed 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 Mother's Name, that he should 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 Coal 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 than 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 shown you that Letter to King James? Capt. B. He showed 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 show 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 showed 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 showed 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 affairs 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, writ the Letter. L. C. J. Holt. No, no; but that he showed it him himself. Friend. When was that Letter writ that I showed 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 says you showed 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 showed 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 showed 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 yourself. Friend. I declare in the presence of God I never writ any such Letter. Mr. Att. Gen. I suppose you'll disprove him by and by. Friend. I can have no Witnesses to this matter. Mr. Att. Gen. And you can't expect your own Denial should go for proof. If you will ask him no more Questions, let him go down, and ease himself. Friend. He must not be asked whether he is a Papist, but I hope you'll take notice, Countrymen, that these Witnesses are Papists, and they think they merit Heaven by swearing against Protestants, whom they call Heretics. L. C. J. H. Indeed, Sir John, I Don't hear you: pray speak so loud that the Court may hear what you say. Friend. I will, my Lord; I say he is a Roman Catholic, and I have Witnesses to swear he is so, and Desire I may prove that he is a Roman Catholic, 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 King's Council 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 lie posted about the Town, and Capt. Blair was to be the Lieutenant-Colionel to the Regiment, and I was to be Lieutenant. 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 Lieutenant, 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 Obliged 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 Engaged, 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 King's Council have done, and now you may speak, and say what you have a mind to say in your own Defence. Mr. J. rock. 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 coming 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. Truly 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 Traitor 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 Heresy; 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 advice was given me by my Lawyer, I am no Lawyer myself, 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 Gatehouse, and your Lordship was pleased to say you would have patience till he came. L. C. J. Holt. Yes, yes, we will stay a while. Friend. I pray my Lord do, for it will be very material for me. L. C. J. Treby. Have you any thing to fill up the time with in the mean time. Then William Courtney Appeared. L. C. J. Holt. Is your Solicitor 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 would 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 Gatehouse 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 Catholic? Courtney. I do not know his Religion indeed. Friend. But don't you know him to be a Roman Catholic? 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 Catholic? 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. pain 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 Catholic. 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 Catholic. 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, than 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 Gatehouse, 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 received a Commission for a Regiment, in which he was to be Lieutenant Colonel, and said a great deal about that Regiment, how he had received 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 asked 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 surprise 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 clapped 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 asked me if I had got the News, I told him yes, he asked what was the import of it, I told him they said that he was making a great Discovery, and particularly against Sir John Friend. L. Ch. Just. Holt, Well, and who were there then? Courtney, This Ensign that is now a Prisoner in the Gatehouse, who I suppose can say the same thing. Mr. Att. Gen. Pray my Lord, let Mr. Blair be called while he is here, and let him know what this Witness says, that the Court and Jury may know what he has to say to it. L. Ch. Just. Holt, Yes, pray let Mr. Blair be brought in again, (which was done.) L. Ch. Just. Treby, Now let Mr. Courtney repeat what he said now before about Captain Blair's Declarations to him. Courtney, My Lord, I tell your Lordship, there was one Tooley a Prisoner in the Gatehouse; when he heard the Flying-Post cried, bought it, or it was ordered to be bought, and it being brought into my Chamber, I desired him to read it, and I was walking about the Room; in the mean time Captain Blair came in, and asked if we had got the News; we said yes; and he asked what News there was in it? I replied, it is said that you are making a great Discovery, that you were to be Lieutenant Colonel to Sir John Friend, and had received a great deal of Subsistence Money for the Regiment; says he, They may put what they will in their News, but I know of no Regiment, nor any Subsistence, nor of any Commission. The Man that read the Book, will say the same that I do. Mr. Att. Gen. When was this? Courtney, This was one Day when the Flying Post came out, the last Saturday but one I think. L. Ch. Just. Holt, But you talked of something he should say to you of going against his Conscience? Courtney, That was upon Friday Night last, I came to see Captain Blair, and his Wife was with him, and Captain Blair was very ill, and clapping his Hands, and groaning, and moving himself, and in a very miserable Condition, truly I thought he was giving up the Ghost. I asked him upon what account he was so sad, and told him I thought he had got some great Cold; he told me no. Well said I, Captain Blair, I understand you are going to morrow to Hick's-Hall, and I pray God direct you. (Says he) several times, I pray God direct us all; Life is sweet. Oh! says his Wife, Dear Sir, he would never do it, but to save his Life, but it goes against his Conscience: So said I to him, you have had the Character of an honest Gentleman; I hope you will show yourself such, and I pray God direct you: I wish no Man's Blood may lie at your Door. Says he! I am an unfortunate Man, that is the thing that troubles me, or something to that purpose; which showed all the Remorse of Conscience which could be in the World. I spoke of this innocently among the Prisoners, and it seems, it was Communicated to Sir John Friend, and so I am brought here to testify it. Mr. Att. Gen. Pray what say you to this Captain Blair? you hear what he says, do you give an account what you know of it. L. Ch. Just. Holt, You hear what discourse he says he had with you, what say you to it? Cap. Blair, My Lord, this Gentleman crowded himself in upon me, my Wife was with me, and he told me he had a Cup of Brandy, which would be good for me if I had a Cold. God knows my Heart, I desired no Company might come to me. Says he, Captain Blair, I have heard you have been an honest Gentleman all along and you are going to Hicks's-Hall to morrow, and a great deal of such Discourse as that, and I pray God Almighty Direct you; That's all that I know passed. I was very ill, very sick, as I am far from being well now; but as for any thing of Remorse of Conscience, as I hope for Mercy and Salvation, I never expressed any such thing to him. L. Ch. Just. Holt, Did your Wife say, that you were troubled, that you were going to do that which went against Conscience, and you would not do it but to save your Life? Cap. Blair, No, I am sure she did not. L. Ch. Just. Holt, Did that Gentleman thrust himself into your Company, or did you desire him for to come to you? Cap. Blair, No, he thrust himself into the Room. Courtney, The sink was hard by, and I heard Captain Blair groan, and so I went in to see him; every Body had access to him. Cap. Blair, Pray where is the Keeper? Keeper, Here, I am, Sir. Cap. Blair. Did not I beg of you for God's sake, that no one should come to me but my Wife? Mr. Att. Gen. If the Keeper of the Gatehouse be there pray Swear him. The Keeper of the Gatehouse was Sworn. Mr. Sol. Gen. What do you say as to Captain Blair's desiring that no Body should come to him, but his Wife? Keeper, No body was to come to him unless they forced themselves upon him. Mr. Sol. Gen. Do you know of that Man's coming to him? Keeper, No, Sir, I know nothing of it. Cap. Blair, I always desired to have the Door locked with the Key on the inside, that no Body might come to me but whom I had a mind to. Keeper, He did so, because he was Ill, and no Body did come to him that I know of. Cap. Blair, My Wife being with me, came to me to the Bed side, while this Man was with me, and I was lying upon my Back; and said she for Christ Jesus' sake, Dear Blair, do not speak any thing. L. Ch. Just. Holt, When was this? Cap. Blair, When this Gentleman was with me, she desired me not to say any thing before him, because says she I do not know but he may be a Trepan. Courtney, Upon the Word of an honest Man, and my Reputation is as dear to me as yours is to you, she said nothing of that. She told me you were going to do that which was against your Conscience, and you would not do it but to save your Life. Mr. Att. Gen. Pray, what is this Man Committed for, you Keeper? Keeper, He is Committed for Suspicion of Treason? Courtney, I have been taken up five times upon Suspicion, and this last time I was Committed to the Gatehouse. Mr. Att. Gen. Where do you live, Sir? Courtney, In Old Southampton-Buildings. Mr. Att. Gen. How long have you lived there? Courtney, I have Lodged there about Four years and an half, there are several persons can come and give a Testimony of me. Mr. Sol. Gen. How come you, Sir, to be brought as a Witness here? Courtney, I was surprised at it: for my part what I did was by way of Pity seeing him in such a Condition; I Pitied your Soul, because you and your Wife both showed so much trouble and remorse of Conscience: as for Sir John Friend, I never saw him till to Day in all my life, that I know of. Mr. Att. Gen. What Countryman are you, Sir? Courtney, I am 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 through my Room: but if you please to send for Mr. Tooley, and Captain Courtney they will say and Swear that these things passed 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 talked 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 myself among any such people as they were, when they asked 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 Catholics, 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 looked 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 taxed, and I will pay it. Friend. My Lord, I desire Capt. Kaines may be called. Who appeared. 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 Catholics; and I desire you to speak as to myself, 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 concerned together in the Train'dbands 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 declared, as to Capt. Porter and Capt. Blair, that they are Catholics. 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 called. Who appeared. 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 Catholic, and what you know of me. Carpenter. I have been at Epsom several Summers, and usually am there in Summertime, and he was so reputed there: But as to Sir John Friend, I have known him above these Twenty years; I keep a Brewhouse, as he does, and we have been concerned 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 looked 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 called. Who appeared. 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 Catholic or a Protestant. Hawkins. I have known Sir John Friend these Twenty odd years, and have had Deal 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 believed 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 lived 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 called. 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 looked 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 Employ 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 though 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 though you could not Comply with the present Government; yet you would never concern yourself 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, though 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 Schoolmaster it seems, how happened 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 loath to trouble you. M. Just. Rookeby. No, it will not be reckoned 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 show 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 myself in every respect all along. Willis. My Lord, I have always taken it for granted, that those that come to Church are Protestant's: 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. Montague. 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 asked the Question before they were sworn. I Know not whether it be Convenient for me to move it now. L. C. J. Holt. Ay, ay, it is very Convenient now, now is the proper time. Friend. Before ever they were sworn I would have asked them the Question, whether they were Papists or not, but it was not allowed, it was overruled. 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 Heretic; 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 Villainies, 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 tendered 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 would 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 tendering 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 tendered 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 tendered 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, etc. (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 Catholic 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 Catholics, 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 would 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 falsely? 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 happened 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 inquire 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 Trial. 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 Shewer, 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 Shewer, 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 positive 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 Philip's to have an Order to go about to 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 Messenger's 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 Trial came on to put it off. Mr. J. Rokeby. But, my Lord put a question to you before, can you show 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 Catholics or no. Mr. J. Rokeby. Nor have your Witnesses proved that they are Roman Catholics, 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, Trial, 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 overrun both us and it: And if his Majesty, with the hazard of his Life, and at a great Expense, 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'er 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 ventured 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 prisoner 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 Fight 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 prisoner at the Bar is not Guilty of what he is Accused of, and what you have heard the Witness give Evidence of, than nothing of this does relate to him: But if what has been given in Evidence against him is true, than the prisoner 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 Countries: 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 Encourage 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', and there, he says, there were almost all the Persons that were in Leaden-Hall-street; and at that meeting the Question being asked, 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, showed him a Commission that he had received from the late King James, to raise a Regiment of Horse, of which he was to be Colonel; that this was signed James Rex at the top, and Countersigned by my Lord Melford, 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 Colonel, 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 Colonel 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 Colonels, 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 Nonswearing 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, gentlemans, that he did receive from Sir John Friend several sums 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. German. 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 applies 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, gentlemans, 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 expressed 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 shown him this Letter, and this was at that Piggot's Mother's 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 shows 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, gentlemans, 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 joined the Breast 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 Catholics; 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 Catholics were not good Witnesses. A Roman Catholic may be an honest man, notwithstanding his Religion: but, I think, that every body knows that men who have been ill in other things, though Roman Catholics, may as to those particular things be good Witnesses. Nay, not long ago, but on Wednesday last we produced some Witnesses, who were Roman Catholics, and yet allowed for good Evidence, though engaged in that Horrid Conspiracy against the life of the King; and if any thing would have taken off their Evidence, certainly the Gild of such a Crime would do it, more than the pretence of any particular persuasion 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 though Roman Catholics 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 engage in such a business as this, that were of any Religion but the Roman Catholic; and therefore he applied himself to these persons, as most likely to embark with him on such a bottom. Gentlemen, as to what Courtney, that was brought from the Gatehouse says, about his discourse with Captain Blair in the Prison; Captain Blair has upon his Oath declared, that he did not go so far as to say, he did any thing against his Conscience, but only Courtney bid him take care what he swore, and pressed him no further. He pretends he came casually into Blair's Chamber, but it is plain he intruded into his Room; for it is sworn by the Jailor, and Blair himself, that he had given directions none should come into his Room but his Wife, so that does not discountenance the evidence of Blair at all, and if you do believe what our Witnesses have said, Captain Porter and Captain Blair, than Sir John Friend is guilty of all the Crimes that are charged upon him in this Indictment, and I hope you'll be so just to your Prince, to your Country, and to yourselves, as to find him guilty accordingly. Mr. Cowper. If your Lordship pleases to spare me a word on the same side. My Lord, I do not trouble your Lordship out of an apprehension that there is any thing necessary to be said to the Court in this matter, or for the satisfaction of the Jury, but, if possible, that we might convince the Prisoner at the Bar, that he has had no hard measure in this prosecution meeted to him, but that he is proved guilty of the Crime of which he stands accused, and that really there is no weight at all, in the defence which he has made. The first part of it goes to discredit one of our Evidences, Captain Blair, from some discourse that he would object to have passed between him and the person here produced, in the Prison of the Gatehouse. And the first part of that discourse was, upon Blair's first coming into the Prison: and as to that time, the objection amounts to no more than this; that Captain Blair would not confess, when he was pumped by a fellow Prisoner, that he was engaged in so horrid a design; what weight there is in such an objection, truly I cannot see, but will leave it to any man's judgement to consider, That a man when he is freshly taken upon such an occasion, does not immediately confess his guilt to every body that meets him, nay to persons that would not have liked him, for making such a confession, but perhaps would have destroyed him in Prison for so doing. The other discourse was upon Friday, the next day, I think, before Captain Blair went to Hick shall to his examination; and then he intrudes himself into Blair's Chamber, when he lay very ill upon the Bed, and accosts him with a cup of Brandy in his hand, and with good advice at the same time, that he should take great care in what he should say at Hick's-hall, and the like: and then Captain Blair it seems, did express some reluctancy in the thing he was going about, as if it were against his mind and inclination. If that were true, (though Captain Blair denys it positively upon his Oath) yet it was no more than I am willing to observe for the Prisoner, Captain Blair did express here, when he first came into Court; and it is no more than what is natural, since the Prisoner had been his friend and intimate, and he was going to Depose that against him, which was likely to prove fatal to him. My Lord, as to another part of his Defence, it consists chief in this; the Evidence brought to prove, that the King's Witnesses are reputed Roman Catholics, and that the Prisoner is a reputed Protestant of the Church of England. If that be true too, all that can be rationally and fairly collected from thence is this, that they (the Witnesses I mean) when they engaged in such a black and execrable design might be very good Papists; but I am sure it will be agreed, that the Prisoner in so doing was a very bad Protestant. My Lord, he objects to their Evidence this likewise, that if they be Papists they may be absolved by the Pope, or their Priests, though they should swear falsely. Possibly that may be so, for aught I know; I confess I am not very well acquainted with the principles of that Religion: but this I dare say, that every one who has heard what has been sworn by them, will think it so great a disservice to the Popish Cause and Interest, that it will be one of the last things their Priests will ever absolve them of. My Lord, there's another matter the Prisoner has thought fit to insist upon: he has brought two or three Clergymen to Depose, that whenever he discoursed with them (it seems at all times) he was talking about being in a Plot, and very readily told his resolution not to be in any. It seems it still swom uppermost; his professions were made very causelessly; for they all say nothing introduced 'em: but of his own mere motion he was always declaring he was not then in a Plot, nor ever would be. I have heard, that one way, weak Men and Children often discover their knowledge of a secret entrusted to them, is, by a repeated and unnecessary declaring, that they know nothing of the matter. My Lord, in the next place for his defence, he just offered a point of Law; but the Court so well satisfied him in that, that I think he waved it. He alleged that a bare Conspiracy to levy War is not Treason, and the Court did him right in declaring (as God forbidden but they should) that it is not Treason: but I desire the Gentlemen of the Jury would consider, that the Prisoner at the Bar is not accused barely of a Conspiracy to levy War, but you are told to what end that war was to be levied, to join the late King upon his descent into this Kingdom with a French power, in order to drive his Majesty out of the Kingdom, and depose him from the Crown; which is a killing him in the eye of the Law: and that is High Treason by whatever means they intended to effect it; whether by War or a Stab, or any other manner, it is indifferent. In the next place, my Lord, I would take notice of another part of this defence, which had been better let alone, wherein he admits that he was present at the 2 meetings he is accused to have been at by Porter; but he only differs in one point, that there was nothing talked then but general and indifferent discourse. The Witnesses have sworn what the discourse was, and you will weigh the one against the other; his affirmation of a thing unlikely in defence of himself, and what is deposed upon Oath by the King's Witnesses to the contrary. My Lord, there is one thing more I would take notice of, and that is the Evidence of Bertram, which we do not produce as a direct Evidence against the Prisoner at the Bar, but as a confirmation of what was sworn by Blair. And it does show that the matter, sworn by Blair, was not of late devised out of malice, or otherwise, to destroy the Prisoner; for that Blair acquainted Bertram with, and discoursed him about the principal matters of fact, that are now sworn at least 2 years ago; and besides his Evidence and the Evidence of Blair concur in this particular, that he was to be Lieutenant in Blair's Troop. My Lord, such a concurrence of Evidence and other Circumstances in this matter, greatly increase the weight of the proof against the Prisoner, especially when there is nothing material alleged by him in his defence, and therefore I shall trouble your Lordship no further. L. C. J. Holt. Look ye Gentlemen of the Jury, Sir John Friend, the Prisoner at the Bar, is Indicted for High Treason. The Treason that is mentioned in the Indictment is, Conspiring, Compassing, and Imagining the Death and Destruction of the King. To prove the Conspiracy and design of the King's death, there are two principal Overt Acts that are mainly insisted upon. The one is the consulting and agreeing with divers others to send Mr. Charnock into France, to King James, to desire him to persuade the French King to send over forces here to assist them; who were to furnish other forces for the raising of a War within this Kingdom, in order to Depose the King; and accordingly Mr. Charnock was sent upon that design. The other Overt Act is the Prisoners having a Commission from the late King, and preparing and directing men to be levied, and to be ready to be in a Regiment, of which Sir John Friend was by that Commission to be Colonel, and this was also to assist in the Restitution of King James, and in order thereunto in the Deposing and expulsion of King William. These, gentlemans, I tell you are the two Overt Acts that are principally insisted upon; and to prove Sir John Friend Guilty of these there are two Witnesses that have been produced, the one is Captain Porter, who speaks to the first, the other is Captain Blair, who speaks to the second. Captain Porter tells you, that the latter end of May, or the beginning of June last, that he and Sir John Friend, and others that he mentioned, were at the Kings-head Tavern in Leadenhallstreet, and there they entered into a discourse about the Returning of the late K. James; and they did consider among themselves which was the most effectual way, and what were the most probable means to have him Restored: and thereupon it was agreed among them, that they would send a Messenger into France to him, to desire him that he would solicit the French King to furnish him with 10000 men, to be sent into England, 8000 Foot, 1000 Horse, and 1000 Dragoons; and they did agree, that when these forces, were sent, consisting of this number of men, than they would be ready to meet and join them with 2000 Horse, every one of them was to furnish his quota; to which Sir John Friend did expressly agree. The Messenger that they agreed to send was with them in company, and heard the Consult, which was Mr. Charnock, who was lately Tried and since Executed. This being at that time determined, Mr. Charnock intended to go upon the execution of that design, and made ready for his Journey: but before he went, he had a desire to meet with the company again, and have a further discourse upon this matter, to see whether they did persevere in the resolution they had so taken. There was another meeting about a week or a fortnight after, which was at Mr. Montjoy s, a Tavern in St. James's-street, where met Sir John Friend, Captain Porter, and divers others of the Company that were before at the Kings Head. And there they entered into a debate of the matter again; the question there was whether Mr. Charnock should be sent into France, as it was formerly agreed, and there it was again determined he should go, to which he agreed, and Captain Porter says that he did go about 2 or 3 days after. Mr. Porter tells you further, that about the time that Mr. Charnock came back, Mr. Porter was in Prison, and he did not see him upon his first return, but afterwards he met and spoke with him, and asked him what was the effect of his Negotiation, and Mr. Charnock told him, that he had done as he was directed; that he had been with King James, and he had spoke to the French King, but the answer returned was this, that the French King had occasion for his Forces that year to be otherwise employed, and therefore he could not furnish such a number of men that year; and Mr. Porter asked him whether he had been with the rest of the Gentlemen and acquainted them therewith, and he said he had. This is the substance of Mr. Porter's Evidence; whereby you may perceive what the meetings were for, what resolutions were there taken, and what was the issue and effect of them. The next Witness is Captain Blair, and his Evidence goes to the other part, that is, to Sir John Friend s having a Commission from the late King James, and engaging him and others to be in his Regiment, whereof Sir John was to be Colonel, and the providing of Officers. And for that the Evidence stands thus. Captain Blair tell ye, that about two or three years ago, he was with Sir John Friend at his Lodgings in Surrey-street, and there he did produce a Commission that he had from King James to be Colonel of a Regiment of Horse; he was to raise it himself, and was to appoint, and provide what Officers he thought fit. He says he read the Commission and it was signed at the top James Rex, and countersigned at the bottom Melfort; this he is positive in, and further, that Sir John Friend did promise that he should be Lieutenant Colonel of this Regiment, and also desired that Captain Blair would get as many men as he could, and that there were other Officers that were appointed in that Regiment, and particularly one Fisher was brought to Sir John Friend by Captain Blair, to be his first Captain, and one Colonel Slater who was much in favour with Sir John Friend, was to have been another Lieutenant Colonel; for said Sir John Friend, I have a mind to him to be my Lieutenant Colonel, and though you are so too yet it is no matter, if we have two in this Regiment, at which Captain Blair took very great offence, and expressed as much to Sir John Friend, whereupon Sir John Friend told him, it should not be so, but said he would make another Provision for Mr. Slater; that he should be a Captain of an Independent Troop, that shall be composed of Nonswearing Parsons, and that shall satisfy him. And Sir John Friend did intrust Capt. Blair with the providing of Men and managing of them. And Capt. Blair tells you, he was at a great deal of charge, and laid out divers Sums to caress them, and keep them together, and wanting Money to proceed in that Affair, he came to Sir J. Friend, and made great Complaints, that he wanted Money to carry on the Design, by obliging the Men to keep together, and herefore pressed to Sir John Friend to furnish him with some Money; says Sir John, there is 100 l. due to me, because I laid down 100 l. to further the Escape of Coll. Parker, and Piggot has received it, and had Directions to pay it me, but I cannot yet get it. You shall have 20 l. out of that 100 l. if you can get it. Well, but how is that 20 l. to be had? It seems there was one Harrison or Johnson a Priest, who had some Interest in this Piggot, and he was to help him to it; and thereupon the 20 l. was actually paid the latter end of June or the beginning of July last. This 20 l. he swears he did receive upon that account, by the Direction of Sir John Friend, to be so employed as you have been told. Then Captain Blair had occasion for more Money, which was sometime after Michaelmas last, which was to be employed as the former was: and he was very importunate to obtain it of Sir John Friend; at length he did obtain it, as he tells you, and the manner how. He produces a Letter under Sir John Freind's own hand, which seems to be an Answer to a Letter that Capt. Blair had sent to him before, he thinks it to be his own hand, for he is acquainted with his hand-writing. But that is not all to prove it his hand, for the Contents of the Letter are remarkable which are about the Payment of Money to Blair; the Letter bears date of a Tuesday Morning, and is directed to Capt. Blair, and a Porter brought it, as he thinks, to his House; and thereby it was appointed they should meet on Thursday next at Jonathan's Coffeehouse about the hour of Twelve; and accordingly Capt. Blair came to Jonathan's Coffeehouse, where he accordingly met with Sir John Friend, and there was Harrison the Priest and Piggot, and there he does receive a Sum of Money upon the same Account: so that now the proof of this Letter does not depend barely upon the knowledge of the hand, but the Contents of it, and the subsequent meeting at the time and place mentioned in the Letter is a great Evidence that it was Sir John Freind's hand-writing, and more Money is proved to be actually paid in the presence of Sir John Friend, which is the most material part of the Evidence. And you are told further, that that as Sir John Friend and Capt. Blair were going together in a Coach from Jonathan's Coffeehouse to St. martin's le Grand, there was a Discourse between them; and Sir John Friend said, for his part he would not stir till such time as the Toulon Fleet was come about, and joined with the Breast Fleet. That he did think he was in danger of being apprehended when it come about, and therefore Capt. Blair was to sculk till then, as he himself told him he would do, but yet he should get what Men he could. And this is a great Argument of his being concerned in the intended Invasion, and that his making Preparation for his Regiment, had relation to the French Invasion, which was expected. It seems two years ago, there being a great Intimacy between Blair and Sir John Friend, as appears by all the Evidence, Blair was acquainted with this Design. For you are told of the Letter that was writ by him to King James, which he showed to Capt. Blair, and it was concerning his Regiment; he says, that Sir John Friend owned he writ that Letter himself, that Blair did read the Letter, and finding it so well penned, he said, that he thought Ferguson had a hand in it, at which Sir John Friend was angry; but Blair says, the Letter was concerning the Regiment of which Sir John Friend was Coll. Then Gentlemen, you have Bertram called to prove, that Blair did tell him, that he was to be his Lieutenant Coll. which was long before there was any Thoughts of any Discovery of this intended Invasion, and before the Discovery of the Plot of Assassination, which Sir John Friend did own he had some knowledged of, but he disliked it, and said it would ruin King James' Affairs. So that Gentlemen, I think this is the Sum and Substance of the Evidence that has given upon this Occasion against Sir John Friend, to induce you to believe him been to be guilty of this Crime with which he now stands charged. But now you are to consider what Sir John Friend says on behalf of himself. In the first place, he makes an Objection against the Credit of all these Witnesses, that they are not to be believed, because, says he, they are known or reputed to be Roman Catholics and Papists, and their Consciences, and their Oaths are large, especially when thereby they think they can do an Injury to any Protestant; and therefore they are not to be allowed as Witnesses, at least their Credit is not sufficient to induce a Jury to believe them. At first indeed he urged there was a Statute and a Law that did disable them from being Witnesses; but I must tell you there is no such Statute, nor indeed is their being Papists any Diminution at all to the Credit of their Testimony; for Papists are legal Witnesses, and tho' there are severe Laws to punish them for their Nonconformity to the Church of England, and for other their Popish Practices; yet I know of no Law that renders them infamous, or incapable of being Witnesses. For you are to consider, Papists are Christians, and swear by the same Evangelists that Protestants do; and as for that supposition, that they look upon Protestants as Heretics, and can have a Dispensation for any Oaths that they take against them; you are to consider, as it has been very well observed by the King's Council, that they are never like to obtain any Dispensation or Pardon, if they should forswear themselves to defeat the Designs of the Popish Party; and therefore it is a very Inconsiderable Objection, and in this case hath no weight. But then he does insist upon it, that Capt. Blair is not to be believed, and there are two Objections he makes against him. First, That he did deny that he knew any thing of the Plot. For Blair being upon this occasion brought Prisoner to the Gatehouse, and afterwards upon a Discourse of some News in the Flying Post, wherein it was mentioned, that Capt. Blair had confessed all, and made a full Discovery, that thereupon he should say, He was innocent of the Plot, and knew nothing of it. You Gentlemen are to consider the Weight of this Objection. First, Suppose he had said so, it might be, he was not willing (as he was not obliged) to own it, and would not confess it at that time, and to these Persons. It was not his Interest and Prudence to be too open; and therefore it does not follow, that because a Man would not trust others with his Confession, but denied his knowledge of a Plot when there was no occasion for him to own it, that now he swears it positively, therefore he should swear falsely. But secondly, Capt. Blair who was called for the Vindication of himself, and his Testimony has upon his Oath declared to you, that he did not say he knew not any thing of the Plot, but did deny any Concern in, or Knowledge of the Assassination. Now this business, for which Sir John Friend is tried, is not for being a Party in the designed Assassination, but of a Design with force to Depose the King, and restore King James. Then as to the other matter that was upon Friday Night last; Courtney the Witness says, That he came to Capt. Blair's Chamber, and took notice of his being to be a Witness at Hick's Hall the next day, and said I pray God direct you; and he says his Wife, then present, said it was against his Conscience, and he seemed to be in very great trouble about it, and owned as much. But 〈◊〉 Capt. Blair himself, being examined upon his Oath, does deny positively that either he or she said any such thing as that it was against his Conscience: he says, that Courtney got in to him on purpose to surprise him, and he was ware of it, and his Design being to keep himself free from all Company, he gave directions to the Keeper (as the Keeper himself swears) to let no body come to him but his Wife; and Mr. Courtney intruded himself upon him. Besides, Gentlemen, you are to consider the Probability of that which Mr. Courtney saith: when a man is to be a Witness the next day upon Bill of Indictment before a Grand Jury, that he should be so indiscreet, as to tell any Body he was going to swear against his Conscience, is strange and very unaccountable. You are therefore to consider of this whole Matter, what Evidence Capt. Blair has given, and the Import of it, and the Weight and Credibility of that Evidence which is given against him. Then Sir John Friend insists upon another Matter; says he, I am a Protestant, and it is not likely, that I that am a Protestant should conspire with Papists against Protestants; and for that he has called eight Witnesses, who tell you they have known him, some twenty Years, some more, others ten, and that they have frequently conversed with him, and never knew that he was ever Popishly affected, and they have been frequently in his Company since the Revolution, and they never knew that at any time he reflected upon the Government; nay, I think one said, that once he did reprove a Man for talking undecently of the Government; that he used constantly to go to Church 4 or 5 Years ago (tho' there is no account of that since.) And particularly there is one Mr. Lufton that was his Chaplain, and he tells you he was in his House; and there he read the Common-Prayer in the Family since the Revolution, and prayed for the King and the late Queen, and Sir John Friend was often present at the Prayers; and particularly when he prayed for the present King, and the late Queen; but he says he himself has been gone thence Five years, and has been little Conversant with him since. There is another Witness tells you, he has been in Sir John Freind's Company divers times, whom he believes to be a Protestant of the Church of England, and hath had Discourse concerning the present Government; and that Sir John Friend said, that tho' he could not take the Oaths, and thereby Conform to the Government, yet he was resolved to live quietly under it; and would not engage in any manner of Plot; for he that catched him in the Corn, should put him in the Pound. This is the Sum and Substance of the Evidence on both sides; and you, gentlemans, are to consider the Weight of this part of his Defence too; whether it be a sufficient Answer to the Evidence given against him, and has Weight enough to out-ballance what the Witnesses for the King have Sworn? For altho' he was a Protestant, yet it is plain he had no great Liking to the Government; and therefore would not take the Oaths; and tho' he was present at the Common-Prayer; when the King and Queen were prayed for, yet whether he joined in those Prayers, is very uncertain. There are a great many, who are not very well affected to the Present Government, that come to Church, and are present at the Public Prayers; but it may be a very great Doubt whether they join in their Prayers for the Present Government or no; his Conscience, that scruples the taking the Oaths, might scruple that too. But whether Sir John Freind's being a Protestant, and his Declaring he would never be in a Plot, be a sufficient Proof; that therefore he never was in one; and that his former Discourse of that kind should Discredit these Witnesses, that have Sworn he has been so much concerned in a Plot, you are to consider; and comparing the Weight, and Nature of the Evidence on the one side, and the other, it must be left to your Determination. Then there is another thing that he did insist upon, and that is matter of Law. The Statute of the 25ᵒ Ed. 3. was read, which is the great Statute about Treasons; and that does contain divers Species of Treason, and Declares what shall be Treason. One Treason is the Compassing, and Imagining the Death of the King; another is the Levying of War: Now, says he, here is no War actually Levied; and a bare Conspiracy or Design to Levy War, does not come within this Law against Treason. Now for that, I must tell you, if there be only a Conspiracy to Levy War, it is not Treason. But if the Design and Conspiracy be either to Kill the King, or to Depose him, or Imprison, or put any Force or Restraint upon him, and the Way and Method of effecting of these, is by Levying a War, there the Consultation, and the Conspiracy to Levy a War for that purpose, is High-Treason, tho' no War be Levied for such Consultation and Conspiracy, is an Overt-Act, proving the Compassing the Death of the King, which is the first Treason, mentioned in the Statute of the 25th of Ed. 3d. For the Words of that Statute are; That if any Man shall Compass, or Imagine the Death of the King. Now because a Man Designs the Death, Deposition, or Destruction of the King, and to that Design, Agrees and Consults to Levy War; that this should not be High-Treason, if a War be not actually Levied, is very strange Doctrine, and the Contrary has always been held to be Law. There may a War be Levied without any Design upon the King's Person, or Endangering of it; which if actually Levied, is High-Treason; but a bare Designing to Levy War, without more, will not be Treason. As for Example; * Rising with Force, to pull down all Enclosures, to expel Strangers, to pull down Bawdy-Houses, is Levying of War, and Treason; but a bare Purposing and Designing to raise such a Force for such a Purpose, is not Treason. If persons do Assemble themselves, and Act with Force in opposition to some Law which they think inconvenient, and hope thereby to get it repealed, this is Levying a War and Treason, tho' Purposing and Designing it is not so; so when they endeavour in great Numbers with Force to make some Reformation of their own heads, without pursuing the Methods of the Law, that is a Levying of War, and Treason, but the Purposing and Designing it is not so. But if there be, as I told you, a Purpose and Design to Destroy the King, and to Depose him from his Throne, or to Restrain him, or have any Power over him, which is proposed or designed to be effected by War that is to be Levied, such a Conspiracy and Consultation to Levy War for the bringing this to pass, is an Overt-Act of High-Treason. So that, gentlemans, as to that Objection, that he makes in Point of Law, it is of no force, if there be Evidence sufficient to convince you, that he did Conspire to Levy War for such an end. Gentlemen, the Evidence you have heard what it is, you may consider the Weight of it, and the Circumstances that do attend it; and likewise the Answers that have been given by the Prisoner to Invalidate that Evidence, and to prove the Improbability of what they have testified against him. You have heard, I say, the Evidence on the one side, and the other; If you are not satisfied that what the Witnesses have Sworn is true, that Sir John Friend did Engage in such a Design for such a purpose, than you are to acquit him; but on the other side, if you believe that Sir John Friend is Guilty of what the Witnesses have Deposed against him, than you are to find him Guilty. Juryman. My Lord, we desire we may have that Letter with us that was produced here. L. C. J. Holt. No, no, you cannot have it by Law. Juryman. May it not be left with the Foreman, my Lord? L. C. J. Holt. No, but you may look upon it in Court before you go away if you will. Then the Letter was handed to the Jury, and one of them handed it to the Prisoner. L. C. J. Holt. Why do you do so? you should not give the Prisoner the Letter. Juryman. It was done to see whether it was his hand: and we desire, if there be any body here that knows his hand-writing, or that saw him write it, may be produced. L. C. J. Why? Did not he own the Letter to the Witness afterwards? It was Sworn to you he did; and that he met according to the Appointment in the Letter, and that Money was paid. Then the Jury withdrew to Consider of their Verdict, and an Officer was Sworn to keep them, according to Law, till agreed; and about a quarter of an Hour afterwards they Returned into Court, and the Prisoner was brought to the Bar. Cl. of Arr. Gentlemen, Answer to your Names, Thomas Clark— Mr. Clark. Here. (And so did all the rest of the Twelve.) Cl. of Arr. Gentlemen, are you agreed of your Verdict? Jury. Yes. Cl. of Arr. Who shall say for you? Jury. Our Foreman. Cl. of Arr. Sir John Friend, hold up thy Hand, (which he did) Look upon the Prisoner; How say ye, is he Guilty of the High-Treason whereof he stands Indicted, or Not Guilty? Foreman. Guilty, my Lord. Cl. of Arr. What Goods or Chattels, Lands or Tenements, had he at the time of the High-Treason committed, or at any time since? Foreman. None to our Knowledge. Jailor. Look to him, he is found Guilty of High-Treason. Cl. of Arr. Then harken to your Verdict as the Court has Recorded it. You say that Sir John Friend is Guilty of the High-Treason whereof he stands Indicted, but that he had no Goods, nor Chattels, Lands, nor Tenements, at the time of the High-Treason committed, or at any time since, to your Knowledge. L. C. J. Holt. Discharge the Jury. Cl. of Arr. Gentlemen, the Court Discharges you, and thanks you for your Service. L. C. J. Then we had best to Adjourn the Court till to Morrow Morning. Cl. of Arr. Cryer, make Proclamation. Cryer. O Yes, O yes, O yes: All manner of persons, that have any thing more to do, at this General Sessions of the Peace, Sessions of Oyer and Terminer, holden for the City of London; and Goaldelivery of Newgate, holden for the City of London, and County of Middlesex, may departed hence for this time, and give their Attendanc here again, to morrow Morning at Seven of the Clock, and God save the King. Then the Prisoner was Carried back to Newgate, and was brought the next Day to the Bar to offer what he had to say for Stay of Judgement; and afterwards Received Sentence of Death, as a Traitor, together with Sir William Perkyns, who was that day Tried, Convicted, and Condemned, and whose Trial will be Published with all possible speed. FINIS.