The tryal and condemnation of Sir John Friend, Knight for conspiring to raise rebellion in these kingdoms : in order to a French invasion : who upon full evidence was found guilty of high-treason at the sessions-house in the Old Bayly, March 23th, 1695/6. Friend, John, Sir, d. 1696. 1696 Approx. 166 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A63152 Wing T2152 ESTC R37160 16263081 ocm 16263081 105154 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63152) Transcribed from: (Early English Books Online ; image set 105154) Images scanned from microfilm: (Early English books, 1641-1700 ; 1602:7) The tryal and condemnation of Sir John Friend, Knight for conspiring to raise rebellion in these kingdoms : in order to a French invasion : who upon full evidence was found guilty of high-treason at the sessions-house in the Old Bayly, March 23th, 1695/6. Friend, John, Sir, d. 1696. [2], 35 [i.e. 31] p. Printed for Brabazon Aylmer ..., London : M DC XCVI [1696] Contains numerous errors in pagination. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Friend, John, -- Sir, d. 1696. William -- III, -- King of England, 1650-1702 -- Assassination attempt, 1696. Parkyns, William, -- Sir, 1649?-1696. Trials (Treason) -- England. 2006-01 TCP Assigned for keying and markup 2006-03 SPi Global Keyed and coded from ProQuest page images 2006-04 Judith Siefring Sampled and proofread 2006-04 Judith Siefring Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE TRYAL AND CONDEMNATION OF Sir Iohn Friend , Knight . FOR Conspiring to Raise REBELLION IN THESE KINGDOMS , In Order to A French Invasion : Who upon full Evidence was found Guilty of HIGH-TREASON , AT THE Sessions-House in the Old Bayly , March 23 th 1695 / 6. LONDON , Printed for Brabazon Aylmer , at the Three Pigeons over against the Royal Exchange in Cornhil , MDCXCVI . THE TRYAL OF Sir John Friend , K nt . On Monday the 23 th . of March , 1695 / 6 , At the Sessions-House in the Old Bayly . Proclamation for Silence , and Attendance upon the Sessions being made , as usual , The Court proceeded to call the Jury Impannell'd , and to the Tryal of the Prisoner . Clerk of the Crown . SET Sir John Friend to the Bar. Sir John Friend , Hold up your hand . Sir. J. Friend , My Lord , Mr. William Courtney is my Principal Witness , and is now in the Gate-House , and I humbly move Your Lordship he may be sent for . L. C. J. H. Is he your Witness ? What is his Christian Name ? Why did you not desire this before ? Sir J. Friend , My Lord , I did not hear of him till last Night , and I humbly beseech Your Lordship , that You would be pleas'd to let him be sent for . L. C. J. H. I will tell you what you shall have ; If you will appoint your Agent to come , he shall have an Habeas Corpus ad testificandum , and he shall be sent for . You might have sent to Me this Morning , and he might have been sent for . Sir J. Friend , I did not know it till last Night . L. C. J. H. You shall have a Habeas Corpus ad testificandum ; make what hast you can , you shall have a Habeas Corpus . Sir J. Friend , My Lord , be pleased to give a Rule of Court. L. C. J. H. That can't be , it must be a Habeas Corpus ad testificandum . Sir J. Friend , It will be a long time before he can come , and I desire nothing but — L. C. J. H. It shall be ready presently . Sir J. Friend , If it may be — It will be a great Prejudice to me if he be not here . L. C. J. H. I believe it will be time enough . Sir J. Friend , Supposing it should not be , it will be a great prejudice to me . L. C. J. H. We are not in such haste , we don't spur you on . Sir J. Friend , I beg Your Lordships Pardon , I am not — L. C. J. H. Officer , Make a Writ of Habeas Corpus ad testificandum . What is his Name , James Courtney ? Sir J. Friend , William Courtney . L. C. J. H. Give him his Christian Name . Sir J. Friend , William Courtney , My Lord. L. C. J. H. Let him go with it to the Crown-Office immediately , and bring the Writ Sealed , and I will Sign it . Cl. of the Cr. Sir John Friend , Hold up thy Hand , You stand Indicted by the Name of Sir John Friend , Knight . The INDICTMENT . London , ss . THE Jurors , &c. Present . That whereas an Open , Notorious , Publick and Cruel War for a great Time hath been , and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King , against the most Serene , Illustrious and Excellent Prince , our Lord , WILLIAM the Third , by the Grace of God of England , Scotland , France and Ireland , King , Defender of the Faith , &c. During all which time the said Lewis the French King , and his Subjects , were , and yet are Enemies of our said Sovereign Lord the King , and His Subjects , One John Friend , late of London , Knight , a Subject of this Kingdom of England , well knowing the Premisses , not having the Fear of God in his Heart , nor weighing the Duty of his Allegiance . but moved and seduced by the Instigation of the Devil , as a false Traytor against the said most Serene and Excellent Prince , WILLIAM the Third now King of England , &c. his Supream , True , Natural and Vndoubted Lord , the Cordial Love , and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear , and of right ought to bear , withdrawing and intending to extinguish , and minding , and with all his strength designing and endeavouring the Government of this Kingdom of England , under Him of Right Duely and Happily Established , altogether to Subvert , Change and Alter , and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall , in an intolerable and miserable Servitude to the French King , on the First of July , in the Seventh Year of the Reign of our said Sovereign Lord the King , and divers other Dayes and Times , as well before as afterwards , at London , in the Parish of St. Peters Cornhill , &c. Falsly , Maliciously , Devilishly and Traiterously , did Compass , Imagine , Contrive and Intend , our said Sovereign Lord the King that now is , then his Supream , True , Natural and Lawful Lord , of and from His Kingly State , Title , Honour , Power , Crown Imperial and Government of this Kingdom of England , to Depose and altogether Deprive ; and our said Lord the King , to death and final destruction to bring , and to move , stir up , procure and Aid the said Lewis the French King by Armies , Souldiers , and his Subjects , to invade , fight with , overcome and subdue this Kingdom of England , and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King , throughout His whole Kingdom : And he the said John Friend , to the said Enemies of our said Sovereign Lord the King , then and there , during the War aforesaid , was Traiterously Adhering and Aiding ; And to the same most Wicked and Devilish Treasons , and Traiterous Compassings , Intentions and Purposes aforesaid , to fulfil , perfect and bring to effect , and in prosecution , performance and execution of that Traiterous Adhesion , he the said John Friend , as such a false Traitor during the War aforesaid , to wit , on the said First day of July in the Year aforesaid , at London , in the Parish and Ward aforesaid , and divers other Dayes and Times , as well before as afterwards , there and elsewhere in London aforesaid , Falsly , Maliciously , Advisedly and Traiterously , and with Force and Arms with one Robert Charnock , lately Convicted and Attainted of High Treason , in Contriving and Conspiring the Death of our said Sovereign Lord the King , and with divers other false Traytors , to the Jurors aforesaid unknown , did Meet , Propose , Consult , Consent and Agree , to Procure from the said Lewis the French King , of his Subjects , Forces and Souldiers , then and yet Enemies of our said Sovereign Lord the King , great numbers of Souldiers and Armed Men to Invade this Kingdom of England ; and to Levy , Procure and Prepare great Numbers of Armed Men , and Troops , and Companies , against our said Sovereign Lord the King , to be raised and formed ; and with those Enemies , to and upon such Invasion and Ingress into this Kingdom of England , to joyn and unite Rebellion and War against our said Sovereign Lord the King , within this Kingdom of England , to make , levy , and carry on , to depose our said Sovereign Lord the King , and Him to Kill and Murder : And further , with those said false Traytors , on the said First of July in the Year aforesaid , at London , in the Parish and Ward aforesaid , Traiterously did Consult , Consent and Agree , to send the said Robert Charnock , as a Messenger from him the said John Friend , and the said other Traytors , to the Jurors unknown , to and into the Kingdom of France , in Parts beyond the Seas , to James the Second , late King of England , to Propose to him , and Desire him to obtain of the said French King the Souldiers and Armed Men aforesaid , for the Invasion aforesaid to be made , and to give and deliver to the said King James , and other the said Enemies and their Adherents , Intelligence and Notice of such their Traiterous Intentions and Adhesion , and all other the Premisses ; and to inform them of all other particular Matters and Circumstances referring thereunto : And also to receive Intelligence from them of the said intended Invasion , and other things and circumstances concerning the Premisses ; and to signifie , report and declare the same to the said John Friend , and the said other Traytors in this Kingdom of England , for their Assistance , Incouragement and Aid of the said Enemies of our said Sovereign Lord the King , in the War aforesaid : And to stir up and procure those Enemies the more readily and boldly to Invade this Kingdom of England , the said Treasons and Traiterous Intentions , Imaginations and Purposes of the said John Friend to perfect and bring to pass : And the more easily to execute , carry on and perform all the Premisses , he the said John Friend , during the War aforesaid , so as aforesaid , continued , to wit on the First of July , in the Seventh Year aforesaid , at London , in the Parish and Ward aforesaid , Falsly and Traiterously did procure and obtain , and received and had a Commission or Writing , purporting a Commission under and from the said James the Second , late King of England , to Constitute him the said John Friend to be a Colonel of Horse , in the Army to be levyed and formed within this Kingdom of England , by him and other false Traytors against our said Sovereign Lord the King. And in Prosecution of the said Pretended Commission , by him the said John Friend so obtained and accepted , and the said Treasons , and all the Traiterous Intentions aforesaid , the sooner to be executed , performed and fulfilled , he the said John Friend afterwards , to wit , the said First of July , in the Seventh Year aforesaid , at London , in the Parish and Ward aforesaid , Falsly , Maliciously , Advisedly , Privately and Traiterously , divers Soldiers and Men Armed , and ready to be Armed , with Force and Arms to Rise and Fight ; and War and Rebellion against our said Sovereign Lord the King within this Kingdom of England , to make and carry on ; and to and with the said Enemies of our said Sovereign Lord the King , Foreigners and Strangers , Subjects and Souldiers of the said Lewis the French King , Invading this Kingdom of England , to and upon their Invasion and Entry into this Kingdom of England , then shortly to be expected , and together with him the said John Friend to be joyned and united ; and in Troops and Companies to be formed , did Levy , List and Retain , and caused to be Levyed , Listed and Retained , and divers sums of Money in and about the Levying , Listing and Retaining the said Soldiers , and Men Armed and ready to be Armed for the Purposes aforesaid , on the said First of July , in the Seventh Year aforesaid , at London aforesaid , Falsly , Maliciously and Traiterously , did give and pay , and cause to be paid ; and those Soldiers and Men , the Traiterous Intentions and Purposes aforesaid , ●hen and long after had in readiness . And also on the said First of July , in the Year aforesaid , at London aforesaid , divers Horses , and very many Arms , Blunderbusses , Muskets , Pistols , Swords and Rapiers , and other Warlike things and Instruments , Falsly , Maliciously , Secretly and Traiterously , he did buy , gather together , and procure , and caused to be bought , gathered together , obtained and procured , and in his Custody had and retained , with Intentions to use the same in the ●aid Invasion , War and Rebellion against our said Soveraign Lord the King , to depose , throw down , and deprive our said Sovereign Lord the King , of and from his Kingly State , Crown and Throne of this Kingdom of England , and Him to Kill and Murder : And all the other Traiterous Intentions and Purposes of him the said Sir John Friend to fulfil , perfect and fully to bring to effect against the Duty of his Allegiance , against the Peace , &c. And against the form of the Statute 〈◊〉 such case made and provided , &c. How say you Sir John Friend , Art thou Guilty of the High Treason whereof thou stand● Indicted or not Guilty ? Sir J. Friend , Not Guilty . Cl. of the Cr. How wilt Thou be Try'd ? Sir J. Friend , By God and the Countrey . Cl. of the Cr. God send you a good Deliverance . Sir J. Friend , Amen , I do not question it . Then the Clerk of the Crown began to call over the Jury . Sir J. Friend , My Lord , I have some thing to move , if Your Lordship please : My Lord , If any matter of Law doth arise , I humbly move that I may be heard by Counsel , that I may not be destroyed without Law. L. C. J. H. If any matter of Law doth arise on the Tryal , and you tell us what that Matter of Law is , if the Court sees it a Matter of doubt , the Court can assign you Counsel . Sir J. Friend , My Lord , I am no Lawyer ; I hope as Your Lordship is of Counsel for the King , so you will please to be so for me , for I am no Lawyer , and know not whether it be matter of Law or not ; so I beseech Your Lordship to tell me if it be Law or not Law. L. C. J. H. We are bound to tell you so , and to be Indifferent between the King and the Prisoner , and to let you have all the Benefit of the Law possible , and will do so . Sir J. Friend , I do not Question it , my Lord. Cl. of the Cr. Cryer , Make Proclamation . Cryer , Oyes , Oyes , Oyes , You Jury-Men , &c. Cl. of the Cr. Sir John Friend , Hold up thy hand ; You the Prisoner at the Bar , Those Men that you shall hear called and personally appear are to pass between Our Sovereign Lord the King , and you , upon Tryal of your Life and Death ; If therefore you will Challenge them , or either of them , your time is to challenge them as they come to the Book to be Sworn , and before they be Sworn . Sir J. Friend , My Lord , How many may I Challenge ? L. C. J. H. You may Challenge , that is , Except against Thirty Five , without shewing any Cause ; If you have good Cause against any more , you may refuse them . Sir J. Friend , It may be , my Lord , I may mistake , I desire of your Lordship that I may have timely notice of the Five and Thirty . L. C. J. H. You shall know it . Then the Jury were Sworn , whose Names were as followeth , Thomas Clerke . Thomas Emms. Henry Hunter . Thomas Poole . Peter Parker . Samuel Jackson . Nathaniel Long. John Child . William Walker . John Sherbrooke . William Prince . Joseph Moorewood . Then the Usual Proclamation for Information was made , and those who were Summon'd to be of the Jury , and not Sworn , were Discharged . Cl. of the Cr. Sir John Friend , Hold up thy Hand ; You Gentlemen that are Sworn , Look upon the Prisoner , and hearken to his Cause : He stands Indicted by the Name of Sir John Friend , Knt. as in the Indictment ( mutatis mutandis ) and against the Statute in that Case Made and Provided . Upon this Indictment he hath been Arraigned , and thereunto Pleaded Not Guilty ; and for his Tryal hath put himself upon God and his Countrey ; which Countrey you are : Your Charge is to Inquire , Whether he is Guilty of the High Treason whereof he stands Indicted , or , Not Guilty . If you find him Guilty , You are to Inquire what Goods and Chattels , Lands , and Tenements he had at the Time of the High Treason Committed , or at any Time since . If you find him Not Guilty , you are to Inquire , Whether he fled for it ; If you find he fled for it , you are to Inquire of his Goods and Chattels , as if you had found him Guilty : If you find him not Guilty , nor that he fled for it , you are to say so , and no more , and hear your Evidence . Mr. Mountague , King's Counsel . May it please your Lordship , and you Gentlemen of the Jury ; This is an Indictment of High Treason brought against the Prisoner at the Bar , Sir John Friend , for associating himself with , and aiding of the King's Enemies , for procuring an Invasion from France , in order to depose his Majesty King William : and in order to effect these his wicked and traiterous Purposes , the Indictment sets forth , that the Prisoner at the Bar , Sir John Friend , upon the first of July last did meet and agree with my Lord Ailesbury , my Lord Montgomery , Mr. Chernock , Sir William Parkins , Sir John Fenwick , and Coke ; and there they did agree among themselves how they should procure an Army from France to come and invade this Kingdom ; and that they would raise a considerable Number of Men to facilitate the Landing of the French Forces . The Indictment charges the Prisoner in particular with agreeing to send Mr. Chernock as a Messenger to the late King James , to inform him of this their Design , and also for the obtaining and procuring a Commission from the late King James , to constitute him a Colonel of Horse for the raising of a Regiment , to procure the said Forces . It doth charge him likewise with laying out and expending several Sums , in listing and keeping several Men in a Readiness to be Souldiers in his Regiment , and for buying several Arms and Horses to be made use of in this intended Rebellion . The Prisoner to this hath pleaded not Guilty . We will produce our Witnesses , and we doubt not you will see Cause to find him Guilty . Silence being proclaimed , the King's Attorney General open'd the Indictment thus . Mr. Attorney General , Sir Tho. Trevor . My Lord , and you Gentlemen of the Jury , the Prisoner at the Bar , Sir John Friend Knight , stands Indicted of High Treason , for Compassing and Imagining the Death and Destruction of the King , and likewise for adhering to the King's Enemies . Gentlemen , the Overt-Acts laid in this Indictment for the proving the Treason , are , That the Prisoner did accept of a Commission from the late King James for raising a Regiment of Horse in this Kingdom , in order to join with the French Forces when they should invade it ; and that there were several Meetings and Consultations between him and several other Persons , in which it was resolved to send a Messenger , ( viz. ) Mr. Chernock , into France , to desire of the late King James that he would prevail with the French King to send a Number of Men from France to come over and to invade this Kingdom ; and to assure him that he with others would be assisting upon the said Invasion , with a good Number of Men and Horses , when they came ; and that he did accordingly raise Men , and provide several Arms ; that he listed the Men , and had them in Readiness , to join with the French Forces when the Invasion should be . These are the Overt Acts laid in the Indictment ; the Evidence to be produced to prove the Treason and Overt-Acts , will be in this manner . Gentlemen , you will see by the Evidence that there hath been a Design and Conspiracy on foot for several Years to Assassinate the King's Person , and to have an Invasion from France at that time by an Armed Force here to subdue this Kingdom . The Prisoner at the Bar about two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse , which he accepted of : there were several other Commissions likewise sent to the Prisoner , and he did in pursuance thereof appoint his several Officers , and listed several Men for that purpose , and expended several Sums of Money for the retaining of them . That his Lieut. Colonel was to be one Brice Blair , and for his Major one Sclater : this Sclater , it seems , his Father had been a Clergy-man , and he did engage to bring in Men into his Troop that were Clergy-men , who refused to take the Oaths ; one of his Captains was to be one Everard , another was to be one Richardson , with several other Officers which he had engaged in the Design , with which he had appointed to make up his Regiment . Gentlemen , you will hear further by the Witnesses that about May or June last , they having raised a considerable Number of Men that were ready here , there were several Meetings that were had between the Prisoner at the Bar , and several other Persons , in order to send one over , in order to procure Force from France to invade this Kingdom . The first Meeting you will hear of , was at the Old King's Head Tavern in Leadenhall-street ; there were present the Prisoner at the Bar , my Lord Ailesbury , my Lord Montgomery , _____ Pelling , Sir John Fenwick , Charnock , ( who was lately executed ) Porter , and one Cook , at that Meeting . You shall hear what the Debates were , and what was the Resolution , and that was to send over Charnock : several Debates there were among them who to send ; at last it was resolved to send over Charnock to France to propose to the late King James their Design , and to desire of him to prevail with the French King to furnish and send 8000 Foot , 1000 Horse , and 1000 Dragoons ; and impowered him to assure the late King James , that whensoever he should land with those Forces , they would be ready to join him , and assist him with near 2000 Horse ; among them they undertook to do so much : accordingly this Charnock did undertake to go upon this Message : About a Week after they were to meet again , for Charnock was unwilling to go on such an Errand , without having an Assurance from them that they still continued in their Resolution taken up , for acquainting King James what they would do ; and about a Week after they met at Mrs. Montjoy's a Tavern , where were the Prisoner at the Bar , with those of the same Company as before ; and Mr. Charnock did desire to know of them whether they did still agree to what had been proposed and resolved on before , that so he might not go on this Errand , without very good Assurance that they did all agree to assure the late King James that they would assist him upon his Landing ▪ if they had but notice of his Landing , when and where he would land ; and withal , they desired that he would make haste . And observe , Gentlemen , the time of this Meeting was May or June last , as soon as the King was gone to Flanders ; and they thought this a very fit Opportunity when the King was gone , and the Forces drawn out of England to Flanders , and very few Forces in England , and therefore a very proper Reason for the Invasion to be made . Mr. Charnock went over accordingly to France , and about a Month after returned again , and told them that he had acquainted the late King James with the Resolution that had been taken here , and that the late King James told him that he thanked them for their Readiness to assist him ; but that at that time the French King could not spare any Men , so that at that time their Design could not be accomplished ; therefore it was respited till last Winter , and last Winter you will hear their Design was renew'd again ; and about January last , Sir George Berclay came over from France with several Troopers , pretending to be discharg'd ; and they entred into a Conspiracy to Assassinate the King , and to prepare for an Invasion ; that was to be done first , to facilitate the Invasion , which was immediately to follow upon it ; and they thought they should not have a good Assurance of Success so long as the King lived : and I hope every Body will take notice how precious that Life is to be accounted of by us when the Success of their Conspiracy depended upon the taking that Life away . Gentlemen , you will hear this Design of Assassinating the King , the Prisoner at the Bar was acquainted with , but did not approve of it , for he thought it would be a Disservice to the late King James's Affairs ; but he was at the Meeting with those Conspirators , Charnock and Berclay , and others , and got acquainted with it , as you will hear . You will hear further , that about January last , when the Invasion was intended to be made , the Prisoner had frequent Meetings with this Blair his Lieut. Colonel , and other his Officers , to consider how to prepare and be in a Readiness ; at that time Blair , and the Prisoner , and Captain Richardson met at a Place in Exchange-Alley , and there were Discourses among them ; and Blair said there was a very considerable Roman Catholick sent over to the late King James , and he would bring the last Orders from him ; and Sir John Friend said , he knew very well of it that it was so , that he should have these Orders quickly . At another time this Blair and the Prisoner Sir John Friend , met at Jonathan's Coffee-house , and from thence he took him in his Coach along with him , and there they had great Consultations about the Affairs of his Regiment : and the Prisoner told him , that they must be good Husbands of their Money , for if this Invasion should miscarry , he should not have Money enough to carry on his Trade : That he would take care to mount many Officers that could do it themselves , but many of them could not do it at their own Charge ; and those who could not do it , he would take care to do it for them . They had then a Discourse of the Thoulon-Fleet coming about , and that it was thought proper not to stir nor make any Appearance till the Thoulon-Fleet came about : And the Prisoner said , he would not put his Foot into the Stirrup till then , but would keep it private , lest they should be seized ; and that he would skulk about till every thing was in a Readiness , and advised Blair to do so too . And you will hear it further proved , That about May last the Prisoner did pay 20 l. to this Blair , to reimburse him what Money he had laid out on the Affairs of his Regiment ; and it was in this manner , They had all heard that Parker was in the Tower for High Treason , and that he had made his Escape , to which the Prisoner at the Bar was privy , and that it had cost 300 l. and that the Prisoner had laid down an hundred Pounds of it ; but this was paid in order to be paid him again , and was assured by one Johnson a Priest , that he would see him paid , and accordingly one Piggott went over to France , and that Piggott had the 100 l. paid him again by the late King James , to repay Sir John Friend ; but when he came back , Piggott thought fit to keep it , and Sir John Friend durst not ask him for it , because of the Advantage the other might take upon him , so did not dare insist upon it . But when Blair press'd him for Money that he had laid out upon the Regiment , he told him that this Piggott had received an hundred Pounds , which he had laid down upon the account of Parker , and that he ought to pay it him , but had refused so to do ; and therefore , says he , if you will prevail with this Johnson the Priest , who was obliged to see me paid , to get this 100 Pound paid me accordingly ; you shall have 20 of the 100 Pound : and thereupon Blair did prevail with Johnson to assist in the getting this 100 Pound from Piggott , and then the 20 Pound was paid to Blair by Piggott , at the Desire of Sir John Friend , and upon the Solicitation of Johnson . These Sums you will find were paid by Sir John Friend to Capt. Blair , who was his Lieut. Colonel , and to whom he intrusted the Management of the Regiment in great measure . Gentlemen , I have opened to you the Substance of the Evidence against the Prisoner , and I hope you will take care to observe from the Evidence to rectify any Mistake of mine . Mr. Solicitor General . Mr. Attorney hath opened all this Matter very fully to you , and we will call our Witnesses to prove the Matter in the manner that hath been opened . Call Mr. Porter . Sir J. Friend . My Lord , before Capt. Porter is sworn , I desire to know whether he be a Roman Catholick or a Protestant . L. C. J. H. Why do you desire to know that ? Sir J. Friend . I beg your Lordship's Pardon , I desire to know whether he be a Roman Catholick or a Protestant . L. C. J. H. If he be a Roman Catholick , it is no Objection against his Evidence : Is not a Roman Catholick a good Evidence ? Sir J. Friend . I desire to know whether he be a Roman Catholick or no ? A Man ought to know . Pray my Lord — . L. C. J. H. Will you ask him , whether he be a Christian ? Sir J. Friend . I desire to know whether he be a Roman Catholick or a Protestant ? L. C. J. H. It is not a proper Question . Sir J. Friend . Pray my Lord , I beg your Lordship , I beg that Favour . Mr. Sol. Gen. The Answer to that Question is to accuse himself . L. C. J. H. The Question is , whether it be your Right or no to know that ? Sir J. Friend . I desire to know that , for I would not do any thing that might offend the Court in the least . L. C. J. H. The Question is improper in it self , and an improper time to move it . Sir J. Friend . I beseech your Lordship — . L. C. J. H. The Question ( I say ) is improper in it self , and an improper time to move it , I can't see you have a Right to ask it : If Capt. Porter will answer it , it must be voluntary . Sir J. Friend . As you are a Gentleman , I desire to know , Mr. Porter , whether you are a Roman Catholick . Mr. Porter . I am not bound to accuse my self , I am a Witness . L. C. J. H. I told you the Question was improper ; you shall have Right done you : But if he be a Roman Catholick , he is a good Witness ; his Religion and being a Roman Catholick may subject him to several Penalties , and make him liable to be prosecuted by several Acts of Parliament ; and no Man is to answer any Question that may indanger him coming under the Penalty of any Law , or to accuse himself . Sir J. Friend . I do with Submission desire it , it is no great Matter for him to say whether he be a Papist or a Protestant . L. C. J. H. If so , you need not ask it . Sir J. Friend . My Lord , I beg your Lordship , I beg it . L. C. J. H. You have my Opinion , and I think the Question is not to be answered . L. C. J. Treby . It is his Lordship's Pleasure that I do deliver my Opinion ; and it is , that no Man is bound to answer a Question that tends to subject him to the Penalty of any Law. If you ask him whether he be a Deer-stealer , or a Vagabond , or guilty of Petit-larcenary , the Law will not force a Man to discover it against himself . Now for the purpose , whether he be a Popish Recusant , if he were not trained up in that Religion , it is to ask him to accuse himself of as great a Crime as you stand charged for : But if it were only that he were a Roman Catholick , there are very great Penalties and Forfeitures that he is liable to in his Estate , and perhaps without his Confession can't otherwise be proved against him . We must keep the Law even and steady between the Prisoner and the Witness . By the Law he is not bound to discover . Mr. Justice Nevill . I am of Opinion , his Confession that he is a Roman Catholick doth subject him to a Penalty ; and unless he doth voluntarily answer of himself , he is not bound to make Answer and accuse himself . Mr. Justice Rokesby . I am of Opinion , it is not a Question that can , of Right , be imposed upon him as necessary to be answered : he may if he will answer it , but he is under no Obligation , for his Confession doth subject him to Crimes for which he may be prosecuted . Cl. Cr. Swear Mr. Porter . Mr. Sol. Gen. Mr. Porter , do you know Sir John Friend ? Mr. Porter . Yes , Sir. Mr. Sol. Gen. Do you give an Account to the Court what you know of him about the Invasion . Mr. Porter . About the latter end of May last , or the beginning of June , we had two Meetings , one at the Old King's head in Leadenhall-street , and one at Mrs. Montjoys : there were present at it my Lord Ailesbury , my Lord Montgomery , Sir John Friend , Sir William Parkins , Mr. Chernock , Sir John Fenwick , my self , and one Cook , I don't know his Christian Name : After Dinner Mr. Goodman came in . At both these Meetings it was consulted and agreed , to send Mr. Chernock over to France , to invite the late King James to come over to England , and to prevail with the French King to furnish him with 10000 Men , viz. 8000 Foot , 1000 Horse , and 1000 Dragoons . Mr. Chernock made this Reply , I don't care to go on a foolish Message , and therefore let me know what you promise to do . Whereupon all of them did promise , that every one would endeavour to come in to assist at the Invasion with a Body of 2000 Horse , where-ever he would appoint . That Meeting was upon a Monday . — We had two Meetings . Mr. Sol. Gen. You say there were two Meetings , pray how long afterwards was it before you had the second Meeting ? What , was the second Meeting to confirm the first ? Mr. Porter . Chernock did tell me , he was to go in 2 or 3 Days after the second Meeting . Mr. Sol. Gen. What was the Occasion of the second Meeting . Mr. Porter . Chernock did desire that we might meet , that he might see if we were all agreed in our Resolution . Mr. Sol. Gen. What do you know of a Commission for Sir John Friend to raise a Regiment of Horse ? Mr. Porter . I know nothing of it , but as I did hear from Peoples Talk : I did hear him say , he would be as ready as any Man , when the time came ; but I did hear from Mr. Chernock , and Sir William Parkins , that he had a Commission . Mr. Sol. Gen. But was the Prisoner at the Bar present at the second Meeting ? Mr. Porter . He was at the second Meeting . L. C. J. H. But what were their Names ? those who were present at the second Meeting , Mr. Porter . Mr. Porter . I was at the second Meeting , the Prisoner at the Bar was there ; I can't tell whether Montgomery or Goodman were there , but the Prisoner at the Bar was there at both Meetings . L. C. J. H. Pray remember and recollect your self : Who was there at the first Meeting ? Mr. Porter . Would you have me name them , my Lord ? — There was my Lord Aylsbury , and my Lord Montgomery , Sir John Friend , Sir William Perkins , Sir John Fenwick , Mr. Charnock , Mr. Cook , and my self : we Dined there , and after Dinner Goodman came in . Mr. Sol. Gen. Mr. Porter , When saw you Charnock afterward ? Mr. Porter . I never saw him 'till three or four Days after I was taken about the Riot , and he told me he had been in France , and that he had spoken with the Late King James ; who told him that the French King could not spare so many Men that year . And that he had been with my Lord Aylsbury , my Lord Montgomery , Sir John Friend , &c. with that Message from the Late King ; so he told me . Mr. Sol. Gen. Pray give an account what Meetings Sir John Friend hath been at last Winter ? Mr. Porter . At the Nagg's-Head-Tavern in James's - Street . I was another time with Sir George Berclay , and Sir John Friend ; I can't tell what Discourse they had , for they whispered together ; there were no publick Discourses that I heard . There were Sir George Berclay , Sir William Perkins , my self , Mr. Ferguson , and one Homes , at the Naggs-Head in James's - Street . Mr. Attor . Gen. Was there any body else there ? Mr. Porter . Mr. Charnock came in after Dinner , and one Harrison . Mr. Attor . Gen. What is he ? Mr. Porter . He is reputed a Roman Priest . Mr. Attor . Gen. What was that Meeting for ? Mr. Porter . I don't know what that Meeting was for . Mr. Attor . Gen. What did you Discourse of ? Mr. Porter . There were several Whisperings in the Room , but I know not what they were about . One time Sir George Berclay told me , that some People , not so violent , wrote over to King James to stop this Business ; then you will have no Letters to Night , said Sir John Friend . If any thing be hid from me behind the Curtain , I am not fairly dealt withall , and I will proceed no further . L. C. J. H. Mr. Porter , I will ask you this Question ; Did all that were present at the first Meeting at the King 's - Head in Leaden-Hall-Street , agree to send Charnock to the Late King James into France at the second Meeting ? Mr. Porter . Yes , my Lord , all of us did at the second Meeting . We desired Mr. Charnock to assure for us to the Late King James , that we would all meet him at his Landing , at the head of 2000 Horse . L. C. J. H. Did Sir John Friend agree to it ? Mr. Porter . Yes , my Lord , positively at the second Meeting at James's - street . L. C. J. H. What was said there ? Mr. Porter . My Lord , we did all agree that Captain Charnock should go over with that Message we agreed on at the first Meeting ; and he was to go over in two or three days . Sir J. Friend . I would ask him if he hath done , and hath no more to say ? Mr. Porter . I have no more to say . Mr. Attor . Gen. Now call Blair . L. C. J. H. What Answer did Charnock bring back ? Mr. Porter . He told me the French King could not spare so many Men that year . Mr. Attor . Gen. Swear Blair . Do you know the Prisoner at the Bar ? Mr. Blair . I am sorry to come on this account , Sir John , with all my heart . Mr. Attor . Gen. Give an account Mr. Blair of what you know of Sir John Friend's Commission to raise Forces , and what was done upon the whole matter ; turn your face that way , and the Jury will hear you the better . Mr. Blair . All is true what I writ in my Papers . Mr. Soll. Gen. All is true ! you must tell now what you know . Mr. Blair . I saw the Commission , and I read it . L. C. J. H. What Commission was it ? Mr. Blair . It was a Commission from King James , to Sir John Friend . Mr. Attor . Gen. Pray did you see it ? Mr. Blair . I saw it at his Lodging in the Strand . Mr. Attor . Gen. Whose Lodgings ? Mr. Blair . At his Lodgings in the Strand , in Surry-Street . Mr. Attor . Gen. Who shew'd you the Commission ? Mr. Blair . He shewed it me himself . Mr. Attor . Gen. What was it for ? Mr. Blair . For Raising a Regiment of Horse for the King's Service . Mr. Attor . Gen. How long ago ? Mr. Blair . It is very near a year ago , or there abouts . Mr. Attor . Gen. Who was to be Colonel of the Regiment ? Mr. Blair . He was nominated Colonel himself . L. C. J. H. Who was the Commission to ? Mr. Blair . To Sir John Friend . Mr. Attor . Gen. Pray give account what was done upon it , and what Officers he did appoint ? Mr. Blair . He promised to make me Lieutenant Colonel . Mr. Attor . Gen. What other Officers ? Mr. Blair . Sir John told me one Richardson was to be one of his Captains , and I brought one Fisher to him , and he was to be one of his Eldest Captains . Mr. Attor . Gen. Who else was the other Officer , can you remember ? Mr. Blair . One Captain Evans told me he was to be Captain Lieutenant , and one Vernatti was to be a Captain . Mr. Attor . Gen. Do you remember who was to be his Major ? Mr. Blair . I think he was not positive himself who should be his Major ; but afterwards I spoke with Captain Barnesley , who had been a Lieutenant in King James's Service , a Lieutenant of Horse ; sometimes he accepted of it , and sometimes he refused it . Mr. Attor . Gen. What did you do as Lieutenant Colonel ? Mr. Blair . I endeavoured all I could to get Officers for him , who would bring in Troopers . Mr. Attor . Gen. You must speak out . Mr. Blair . I endeavour it , I am so ill I cannot ; I endeavoured all I could to get Officers for him that could raise Troopers , and I endeavoured to get what Men I could get my self . Mr. Attor . Gen. And what did you get , what Officers did you procure for him ? Mr. Blair . I have told you . Mr. Attor . Gen. One Vernatti , Fisher , and one Mr. Hall a Merchant at Deal . Mr. Blair . All is down in my Papers . Mr. Attor . Gen. Pray Sir , what Troopers ? did you engage any Persons to be Troopers ? Mr. Blair . I my self ? Sir , yes , Sir. Mr. Attor . Gen. Can you name any of them ? Mr. Blair . Yes , in my Papers . Mr. Attor . Gen. If you have any Papers about you , you may use them to refresh your Memory . Mr. Blair . I have none , but all is down in my Papers that I Signed before the Council . Bertram was to be my Lieutenant . Mr. Montague . You say you were constituted a Lieutenant Colonel ; who made you so ? Mr. Blair . I had only the Promise of Sir John Friend . Mr. Attor . Gen. But did you lay out any mony ? or did Sir John Friend pay you any mony for this Service ? Pray give an account of it . Mr. Blair . Yes , I had several small Sums of mony of him . Mr. Attor . Gen. What was it for ? Mr. Blair . It was to encourage , and drink with the Men to encourage them . Mr. Attor . Gen. But did Piggot pay you any Mony , and by whose Order ? Mr. Blair . Yes , Sir. Mr. Attor . Gen. Pray give an account of that . Mr. Blair . He paid me first twenty Pound , and then twenty Pound more . Mr. Attor . Gen. By whose Order ? Mr. Blair . By Sir John Friend's Order . Mr. Attor . Gen. How do you know Sir John Friend ordered him to pay you ? Mr. Blair . Because it was on account of Mony he had once parted with to facilitate Parker's Escape out of the Tower. Mr. Attor . Gen. How do you know Sir John Friend advanced any Mony toward that Escape ? Mr. Blair . He told me so himself . Mr. Attor . Gen. How much ? Mr. Blair . A Hundred Pound . Mr. Attor . Gen. What did he say of that 100 Pound , how he was to be paid it again ? Mr. Blair . He told me King James had ordered the payment of it in France , at St. Germains , when Piggot went over , and that I think he went over immediately afterward , that he did receive it , and when he came over , he refused to pay it him , and so he never had it , but only that 40 Pound as I can learn. Mr. Attor . Gen. How much ? Mr. Blair . That 20. and 20 Pound more . Mr. Attor . Gen. Did Sir John Friend tell you so ? Mr. Blair . Yes , that he had received 100 Pound , but he would not pay it him ; but if I could get so much Mony of him , he would allow it me out of that hundred Pound . Mr. Attor . Gen. When was the first 20 Pound paid , about what time ? Mr. Blair . I set it down in my Papers . Mr. Attor . Gen. Can't you tell what time it was , last Summer , or Winter ? Mr. Blair . It was about the last of May , or June . Mr. Soll. Gen. That was the first 20 Pound , when was the last 20 Pound paid ? Mr. Blair . The last 20 Pound was paid when I was Sick , after Michaelmas . Mr. Attor . Gen. Who was by when the last 20 Pound was paid ? Mr. Blair . Mr. Piggot paid me five Pounds : I had it at several Payments , at Jonathan's Coffee-House ; five Pounds of it the last of the twenty Pound , the other at two or three Payments besides . Mr. Attor . Gen. Do you know any thing of Sir John Friend's receiving a Letter from the Late King James ? Mr. Blair . Yes , he told me he had . Mr. Attor . Gen. When was it ? Mr. Blair . Truly Sir I can't tell you that . Mr. Attor . Gen. Was it within twelve Months past ? Mr. Blair . Yes , I believe it was . Sir J. Friend . I can't hear half what he says . Mr. Blair . Sir John , You told me you receiv'd a Letter from the Late K. James . Sir J. Friend . My Lord , I can't hear what he says . Mr. Attor . Gen. Had you at any time any Discourse with Sir John Friend about Colonel Sclater ? Mr. Blair . Yes , he told me Sclater was to bring in ten Horses , and that he designed to make him Lieutenant Colonel . He said he would have two Lieutenant Colonels in his Regiment ; and when I was not satisfied with that , Sir John Friend told me that he should be Captain of a Troop of Non-swearing Parsons , for he believed he should have a Troop of them , and they should be Independent . L. C. J. H. Who was to Command that Troop ? Mr. Blair . Colonel Sclater was to Command that Troop . Mr. Sol. Gen. You say Sclater was to Command a Troop of Non-swearing Parsons . You say Sir J. Friend and you met at Jonathan's Coffee-House . Mr. Blair . Yes , Sir , several times I met him there . Mr. Sol. Gen. What Discourse had you there ? Mr. Blair . I called him aside to speak to him , and it was when Mr. Fisher was there . L. C. J. H. Turn your Face that way . Mr. Blair . I called him out and desired to speak with him , a little before the Horrid Conspiracy broke out , and told him what I heard from Fisher about the Discovery ; and Harrison the Priest and he told me they had heard of it , and were afraid it would ruine King James in his Affairs . Mr. Attor . Gen. What was that Conspiracy ? Mr. Blair . This last Horrid Assassination . Mr. Attor . Gen. Was it the Conspiracy against the King's Life , and seizing the King ? Was it before it broke out that he told you so ? Mr. Blair . Yes , Sir , before it broke out ; and very shortly before it broke out . Mr. Attor . Gen. You say you met Sir John Friend , and he took you into his Coach ? Mr. Blair . Yes , he took me in his Coach to St. Martins le Grand , and said , He would do nothing till the Thoulon Fleet met the Brest Fleet ; and by that time , says he , we shall be all taken up , and you may skulk about the Town better than I : You must be a very good Husband of your Money , for Money will be very scarce : What do you think will mount you , said he ? I can't tell , said I ; that is according as I am mounted . I will mount , said he , but few indigent Officers . That was the most material that past at that time . Mr. Attor . Gen. What was you to do when you were to skulk about ? Mr. Blair . There is the Letter from Sir John Friend for the last 20 Pound . Mr. Attor . Gen. Is that his own Hand ? Mr. Blair . I think so . Mr. Attor . Gen. What have you heard Sir Joh. Friend speak about Sir Joh. Fenwick ? Mr. Blair . I have heard him say , He believed he should command the Regiment he was engaged in , and that Sir John Fenwick had Four Troops of Horse in a readiness . Mr. Attor . Gen. For what purpose were these Four Troops to be in a readiness ? Mr. Blair . For the Descent . Mr. Attor . Gen. Is that Sir John Friend's Hand ? Mr. Blair . I suppose so , Sir. Mr. Attor . Gen. Have you seen him write ? Mr. Blair . Yes , Sir , I think it is a little like it . Jury-man . Ask him , if he saw him write the Letter . L. C. J. H. Did you see him write it ? Mr. Blair . No. L. C. J. H. He doth not say so . Mr. Attor . Gen. Did he ever afterward tell you that he had writ such a Letter ? Mr. Blair . Yes , Sir. L. C. J. H. Read the Letter . Then the Letter was read , which was to this purpose : Mr. Blair , Tuesday Morning . Sir , You may much wonder you have not received an Answer of yours before : I have been afflicted with the Gout in my Hands and Feet , that I have not been able to put Pen to Paper . I thank God I am now something better . I hope to be in London on Thursday next about Twelve at Jonathan's Coffee-House , if the Weather don't prevent me ; if not , I shall not come till Monday morning . I desire you to meet me at that Hour ; for it is not convenient to write a Jot more , for some Reason I can give you . I am your affectionate Friend , John Friend . Mr. Attor . Gen. Did Sir John meet you at that time ? Mr. Blair . Yes , Sir. Mr. Attor . Gen. How did that Letter come to your Hand ? Mr. Blair . I believe there came one with it when I was a-bed to the Door of my Lodgings ; my Wife brought it up to me ; and I do not know of any other way . Mr. Attor . Gen. Did Sir John Friend afterward meet with you at Jonathan's Coffee-House ? Mr. Blair . He did not speak a Word of the Business . Mr. Attor . Gen. But did he meet with you ? Mr. Blair . Yes , Sir ; and accordingly I had the Order for 20 Pound . Mr. Attorn . Gen. Do you remember you Dined with Sir John Friend near the Exchange in January last ? Mr. Blair . Yes , I think I did . Mr. Attor . Gen. Pray what Discourse pass'd between you and him then ? Who were then at Dinner besides Sir John Friend and you ? Mr. Blair . That I must refer to my Papers . Mr. Att. Gen. If you can remember what discourse past between Sir John Friend and you . Mr. Blair . It is down in my Papers ; I am sure it is . Mr. Att. Gen. Do you know Capt. Ridley ? Was he with you any time when the Prisoner was there ? L. C. J. H. Silence in the Court : It is a strange thing . Pray Gentlemen keep silence . Sir J. Friend . I can't hear one word . L. C. J. H. He speaks of a Letter that you sent to him , that bears Date on some Tuesday , that you would be in Town , and meet him some Thursday following at Twelve a Clock : Did you hear that ? And he me met you accordingly , and there was order taken for the last 20 l. that was paid him : Did you hear that ? Sir J. Friend . No , my Lord. L. C. J. H. Go on ; You say you met at the Coffee-House : What was done between you and him ? Mr. Blair . Nothing but the Order . L. C. J. H. Who did he give the Order to ? Mr. Att. Gen. VVas Harrison there then ? Mr. Blair . Yes , He came before I came away . L. C. J. H. And did Sir John Friend give you the Order ? Mr. Blair . Yes . Mr. Att. Gen. VVhat was the Order ? Mr. Blair . To pay that Money . Mr. Att. Gen. How much was the Money ? Mr. Blair . Twenty Pounds . Mr. Att. Gen. And was it paid afterward ? Mr. Blair . Yes Sir , all paid . Mr. Att. Gen. VVho paid it ? Mr. Blair . Mr. Piggott came in afterward , and paid me 5 l. before Sir John. L. C. J. H. VVas this the first 20 l. or the last ? Mr. Blair . No , the last . L. C. J. H. VVhat was this Money paid to you for ? Mr. Blair . I believe to support Men to go on about the Business . L. C. J. H. You believe so ? Mr : Blair . Yes , I am sure it was so . L. C. J. H. Did you ever demand any Money before ? Mr. Blair . Yes , my Lord. L. C. J. H. For what ? Mr. Blair . I demanded it for Drink for the Men I was to bring in , to cherish them , and keep them together . Mr. Just . Rokeby . To what purpose was you to drink with them , and cherish them ? bring them into the Regiment ? Mr. Soll. Gen. Had Sir John Friend any occasion to pay you any Money upon any other account , but that 100 l. ? Mr. Blair . Not that I know of . Mr. Soll. Gen. You don't understand the Question . Had you any other dealing with Sir John Friend but concerning the Regiment , upon the account of which Sir John owed you any Money ? Mr. Blair . No , never in my life . Mr. Att. Gen. Do you remember any Meeting between Sir John and you , when Capt. Ridley was present ? Mr. Blair . Yes , I remember it was at a Chopp-House . Mr. Att. Gen. VVhat Discourse had you then ? Mr. Blair . He said — Mr. Att. Gen. VVho said ? Mr. Blair . Ridley , That there was a Gentleman lately gon over to France about ten days before , and that he was a very sensible Man , and a Roman Catholick , about sixty Years old ; what he was I can't tell , naming no Man. Mr. Att. Gen. VVhat did he go for ? Mr. Blair . He said he believed he went to receive the last Orders . Mr. Att. Gen. VVhat did Sir John Friend say on that ? Mr. Blair . Sir John Friend said he knew not , and said no more . Mr. Att. Gen. VVhat were the Effects of that Order ? Mr. Blair . The Lord knows , I know not . Mr. Att. Gen. Did you know Mr. Charnock ? Mr. Blair . Yes , I knew him , and met him accidentally last Summer , and did not think to see him so soon ; he told me he was come from France ; but who sent him , I don't know upon my Life . Mr. Att. Gen. Pray have you heard what Sir John Friend said of Mr. Ferguson ; was he to be an Officer ? Mr. Blair . I don't know that . Sir John Friend told me he would Joyn him . Mr. Att. Gen. Did Sir John Friend tell you so ? Mr. Blair . Yes Sir. Mr. Att. Gen. VVhen did Sir John Friend tell you so ? Mr. Blair . A good while ago , two Years ago and above Sir , as near as I can remember . Mr. Att. Gen. Did Sir John Friend tell you of Ferguson's bringing in any Men ? Mr. Blair . Yes Sir , he said he would bring in a great many . L. C. J. H. Sir John Friend , will you ask this Witness any Questions ? Sir J. Friend . If they have done with him . L. C. J. H. The King's Councel have done with him . Sir J. Friend . My Lord , as to a Commission , Doth he charge me with a Commission from K. James ? Mr. Blair . Yes , Sir. Sir J. Friend . I desire to know if it were Signed or Sealed , or what Date it was , whether 2 or 3 Years , or 5 Years , or when it was ? Mr. Blair . I can't tell indeed Sir John. Sir J. Friend . But what Date was this Commission ? Mr. Blair . I can't tell , but it was in Paper , Signed above , James Rex ; and below , by his Majesties Command , Melford ; and there was a little Seal on the Margin . Sir J. Friend . It is the hardest thing in the World , you have charged me with : You were recommended to me for a very honest Gentleman ; you have often writ to me , Sir , my necessities are very great : You have sent to me several times , Sir it is a very dead time , I am ready to Starve , for the Lord's sake let me have a little Mony : I never gave him any but for Charity , God knows my Heart . I desire to know if you have not done this ? Pray Sir answer me to that : There is a God you must give an account to as well as I ; Answer me if you have not writ these Lines to me ? Mr. Blair . I have done this , Sir John. Sir J. Friend . — and whether the Mony I gave you , was not on meer Charity ? Mr. Blair . Ay Sir , But I had expended so much Mony on your Business , that it had reduced me to that Condition . God knows it cost me many a Pound to do your Business , more than I had of you . Sir J. Friend . You were pleased to say , you Listed a great many Persons for me : VVho were they , and what were their Names ? Mr. Blair . I gave a List into the Council . Sir J. Friend . I know nothing of that . Mr. Blair . I brought several Officers to you Sir. I told him I brought in several Officers to him , and made him acquainted with them . Mr. Att. Gen. Tell him as many as you can name . Mr. Blair . I have named the Officers already . Mr. Att. Gen. Name them again , Recollect your Memory . Mr. Blair . Did not I bring Capt. Fisher to you , with a promise that he should be Eldest Captain ? Sir J. Friend . No Sir , You never brought Fisher to me . Mr. Att. Gen. These are Questions of your asking , which he Answers . Mr. Blair . I brought Fisher to you , and accordingly you dined at Capt. Symonds , and there was Capt. Ridley , Richardson , and Fisher , and in my own hearing you Listed Fisher , and promised him he should be your eldest Captain , on condition he would bring in a Troop . This is true ; and Fisher promised accordingly . Sir J. Friend . VVho were the Men you Listed ? Mr. Blair . I never spake of Listing , only of Encouraging . Sir J. Friend . Did not you speak of Listing a great many Men ? Mr. Blair . No , only of Encouraging ; I did not speak of Lifting , I hope my Lord. Mr. Att. Gen. Tell him what you did say . Mr. Blair . I said , I had Mony from you for Incouraging those that were Listed ; and you told me it was impossible to do it but we must have Mony now and then , and we must be good Husbands , you told me , Sir John. Did not I bring you Mr. Cole that Lives at Deal ? Did not his Brother-in-law Mr. Robinson and Mr. Gillibrand Dine there ? Did not we Dine with you ? Sir J. Friend . I know nothing of that , I do declare . Mr. Blair . My Lord , I brought these 3 Gentlemen to him , and we Dined together . Jury-Man Where did you Dine ? Mr. Blair . We Dined at Hackney , when Sir John Friend Lived at Hackney at his own House . Sir J. Friend . When was it ? Mr. Blair . Above a Year ago or thereabouts , as near as I can remember . And do you not remember Sir John ( if you do not dash me out of Countenance ; I endeavour to speak nothing but Truth , So help me God ) we were merry over a Glass of Wine ? Cole was your Mothers name ; and did not you promise him to make him next Man after the Commissioners in the Excise ? And said I , Sir John what will you give me ? O , says he , you are to have the Regiment . And this was before Mr. Cole and Mr. Robinson his Brother-in-law , and Mr. Gillibrand now at Deal . L. C. J. H. Was Cole to be any thing in the Regiment ? Mr. Blair . He was to be a Captain my Lord , and to bring in a Troop . I am sick and weak my Lord , and cannot speak out . Mr. Att. Gen. Will you ask him any more Questions ? Sir J. Friend . My Lord I do not remember half . Mr. Att. Gen. Do you remember any Discourse , — Nay do not speak to the Jury . Sir J. Friend . I must depend upon the Jury , I have not heard half what he says , I hope the Jury have taken care of it . L. C. J. H. It hath been repeated what you complained of ; but will you ask him about the Letter ? Sir J. Friend . Was it my Letter ? Mr. Blair . Yes . Sir J. Friend . How came it to your hand ? Mr. Blair . By a Porter , I think my Wife brought it to me . Sir J. Friend . What was it for ? Mr. Blair . In order to pay the last twenty Pounds ; and now I am sure it was , it comes into my mind . Sir J. Friend . You say you saw me write a Letter to King James . L. C. J. H. Who shewed you that Letter ? You say he wrote to King James , Who shewed it you ? Mr. Blair . He shewed it me himself . L. C. J. H. When was it ? Mr. Blair . About a Year ago . Mr. Att. Gen. And did he say he had an Answer to it ? Jury-Man . You said you saw him write a Letter . Mr. Blair . No , I say I saw a Letter . L. C. J. H. What would you have him asked ? What Questions you would have him asked propose to the Court. Did you see him write that Letter ? Mr. Blair . No , he shewed me a Letter , he said he wrote to King James : And I remember a passage to confirm it , at Pigott's Mothers House ; I Dined with him and some others that day , and I told him I was so well pleased with the Penning of it that I told him I believed Ferguson had a Hand in it ; at which he was very angry , and hath not been my Friend ever since . L. C. J. H. Can you remember any of the Contents of the Letter ? Mr. Blair . Really , My Lord , I am very apt to fail of that ; but it was about Business of the King and about his Regiment , and that affair I am positive of , if I were now to Die. Mr. Att. Gen. I would not have the Jury go away with a mistake , the Jury-Man said he saw him write a Letter . Mr. Blair . No , no. Jury . That was the occasion of asking the Question : When was that Letter ? Sir J. Friend . When was that Letter writ ? Mr. Blair . About a Year and half ago . Sir J. Friend . I declare in the Presence of God , I never wrote one . Mr. Att. Gen. Do not mistake , Sir John ; he said you shewed him a Letter that you said you wrote . Mr. Blair . I declare in the Presence of God , I saw that Letter . Sir J. Friend . Do not do any thing unseemly , — But when a Person charges me with writting a Letter — L. C. J. H. He said you shewed him a Letter that you said you had writ to King James , and that it was so well writ that he believed Ferguson had a Hand in it , and he thought you took offence at it . Sir J. Friend . In the Presence of God , my Lord , I did not . I have no Witness . Mr. Att. Gen. Have you any other Questions to ask him ? Sir J. Friend . No. Mr. Common Serj. Let him sit down , and not go out of the Court. Sir John Friend speaks to the Jury . Mr. Sheriff . Speak to the Court. L. C. J. H. You speak so low that the Court cannot hear you , speak so as the Court may hear you . Sir J. Friend . I shall , my Lord : He is a Roman Catholick , and I hope to have a Witness that he is so ; Will that be heard ? Mr. Att. Gen. Pray Sir stay till we have done with our Evidence . Bertram : Call Mr. Bertram , give him his Oath . Do you know Mr. Blair ? Mr. Bertram . Yes Sir. Mr. Att. Gen. How long have you known him ? Mr. Bertram . This 8 or 9 Years . Mr. Att. Gen. What Discourse have you had with him about any Regiment ? Mr. Bertram . Capt. Blair hath told me for these two Years almost last past , that Sir John Friend was to have a Regiment of Horse raised about Town , and that he was to be Lieut. Colonel , and that I was to be Lieutenant under Capt. Blair in the Regiment ; and he Obliged me to bring in as many Men and Horses as I could into this Regiment : And he told me one Capt. Fisher , and one Vernatty , and one Cole were to be Captains in this Regiment . L. C. J. H. VVhat were you to be ? Mr. Bertram . A Lieutenant , Sir. L. C. J. H. To whom ? Mr. Bertram . To Capt. Blair : And Capt. Blair told me several times , that he had Letters from beyond Sea relating to that purpose . L. C. J. H. This is no Evidence against Sir John Friend ; but he is called to confirm the Evidence of Mr. Blair . But Mr. Blair spoke of him before he gave his Evidence . Mr. Att. Gen. Sir John Friend asked what Men Mr. Blair had engaged : Now we produce Mr. Bertram , to declare what Men he had engaged . L. C. J H. His Evidence hurts you not , but only affirms what Mr. Blair had said . The Kings Councel have now done Sir John Friend , you may call what VVitnesses you have a mind to call . Sir J. Friend . May I speak my Lord ? L. C. J. H. Yes , you may . Sir J. Friend . My Lord , In the first place I wait for one of my VVitnesses . Mr. Porter says , That I was at a Meeting at the Kings-head in Leaden-hall-street , but how many were there I can't tell ; but there was not one word spoke of any thing of that Nature ; but we were drinking a Glass of VVine , and Sir John Fenwick at that time came in . Says he , Come I will desire you to go to our end of the Town , and take a Dish of Meat with us ; and I went up thither , and there was not a word spoken . Gentlemen , I am a Protestant , and they are Papists , and care not what they say : They think they merit Heaven by destroying Protestants by what they say , and they are not to be believed , that is the reason I put that Question ; and they are not VVitnesses to be allowed , and for that I appeal to your Lordship ; they think they merit Heaven by destroying Protestants . My Lord , They are not good VVitnesses against Protestants , by 25 Edw. 3. L. C. J. H. Do you hear me ? Are all Papists not good VVitnesses to prove a Man a Traytor by 25 Edw. 3. Who says so ? Sir J. Friend . I appeal to the 25th of Edw. 3. L. C. J. H. It can't be . Sir J. Friend . Is there not such a Statute ? L. C. J. H. There is no such thing . Sir J. Friend . Read the 30th of King James I. Chap. 4.30 . Car. II. and other Statutes . Papists , or reputed Papists , are not to be believed against Protestants , who are by them believed to be damnable Hereticks . L. C. J. H. There is no such thing ; Where is your Statute ? Sir J. Friend . My Lord , the first Witness that I sent for from the Gatehouse is not yet come ; if your Lordship will please to stay : Pray Sir , it is very Material . L. C. J. H. Will you call any Witnesses in the mean time , or any thing else ? Then Mr. Courtney was brought into the Court by the Keeper of the Gate-house . L. C. J. H. Call William Courtney . Is this the Witness you would have , Sir John Friend ? Sir J. Friend . My Lord , may I ask one Question ? L. C. J. H. Yes , ask what Questions you will. Sir J. Friend . Mr. Courtney , I desire you to speak what you know of Captain Blair . Mr. Courtney . I do know this Gentleman : I have been a Prisoner in the Gate-house above a Month ; Captain Blair at the same time came in there , or a Man mention'd in the Proclamation , and knowing I was an old Acquaintance of his , came to me , and when I was told Captain Blair was come to see me , I desir'd him to come down to me ; and when I saw him , I told him , I hoped he was not in the Proclamation . He told me he was , but that he was innocent , and knew nothing of the Plot , nor Privy to any thing like it : And several others in the Place can say , that Captain Blair said he knew nothing of a Plot , but that he was as innocent as a Child Unborn . Sir J. Friend . What did he say of me ? Mr. Courtney . I know now nothing of that . Sir J. Friend . Do you know any thing of his being a Roman Catholick ? Mr. Courtney . I know nothing of that , Sir John ; he bore the Character of one . I never saw him at Church . Mr. Just . Rokeby . How long have you known Captain Blair ? Mr. Courtney . I have known him these six or seven Years , Mr. Just . Rokeby . How know you him to be a Captain ? Mr. Courtney . I know nothing of that ; He was call'd by the name of Captain Blair , all the time I knew him ; I know no other . Sir J. Friend . Did you not hear he was a Roman Catholick ? Mr. Courtney . I heard that Character of him ; I never saw him at any Church ; there are several Witnesses of this , Sir John , as well as I. Sir J. Friend . Sir , you are a Stranger to me ; but a Note was sent to me to desire that his Lordship would please to send for you , for that you might do me some Service . — Call Mr. Carpenter . Do you know any thing of Mr. Blair . Mr. Carpenter ? Mr. Carpenter . No , Sir , I don't know him . Sir J. Friend . Do you know him to be a Roman Catholick ? Mr. Carpenter . I have heard of him to have such a Character . I know nothing of his Religion , only as I have heard some say . L. C. J. H. Mr. Courtney , go to the Keeper , let him carry you back to the Gate-house . As Courtney was going out , he whisper'd to one , and said he could say something else . Then the Person that heard him say so , told Sir John Friend , that Mr. Courtney had something more to say in his behalf . Sir J. Friend . My Lord , Mr. Courtney says he has something else to say . L. C. J. H. I pray let him speak . Sir J. Friend . Let that Gentleman come up , Mr. King , he hath something else to say . Mr. Courtney . Two or three days after that time , a Gentleman and an Ensign in the Army , Mr. Boley , were reading the Flying Post in Prison ; and in that Flying Post it was said , that Captain Blair was making a Discovery that he was Lieutenant Col. to Sir John Friend ; and that he received a great deal of Subsistence Mony : In the mean time , Blair came in , and said , What , have you got the News ? Yes , said I , the Report is , That you have made a Discovery of a Conspiracy against the King. Blair answer'd , They might put what they pleased into the News Paper ; but that he knew nothing of Sir John Friend , and he had received none of the Mony. This was a Surprize upon me when he spake , for he was bemoaning his Conscience ; and his Wife told me , he was very much concerned that he should go against his Conscience , and said , she was sure it would break her Heart . L. C. J. H. Did he tell you so ? Mr. Courtney . He told me so on Friday Night ; as he was lying on his Back very ill , I ask'd him how he did ? He clasp'd his Hands , and told me , very Ill , very Ill. What , said I , have you got a Cold ? O! No , said he , Life is Sweet ; and if it were not for Life , I should not do what I do . L. C. J. H. Did he tell you he went against his Conscience ? Mr. Courtney His Wife and he both told me so . — I knew nothing of my being Summoned here to day , Mr. Just . Rokeby . Who were the Persons that were present ? You say there were two Persons present with you , and you heard his Wife say so . L. C. J. H. You say two Persons were by , when you and he and his Wife , were reading the Flying Post . Mr. Courtney . I was walking up and down the Room , and Blair came in , and ask'd what was the News ? Said I , the News says , you make a great Discovery against Sir John Friend , and that you have received a great deal of his Regiments Subsistence Mony ; but he said , he knew nothing of it . L. C. J. H. Who were there ? Mr. Courtney . The Ensign , now a Prisoner , who I suppose can ●ay the same . Mr. Just Rokeby . Let Blair be brought in . Mr. Sheriff . Make way for the Witness , that he may come in , and not be crowded to Death ; stand down Mr. Courtney . Mr. Att. Gen. My Lord , let Mr. Courtney repeat before Mr. Blair what he said of him . Mr. Courtney . I told my Lord , that in my Chamber one Ensign Bole , a Prisoner in the Gatehouse , hearing the Flying Post cry'd about , ordered it to be brought in to him ; in the mean time Blare came in . I asked him if he had got the News ? He asked me what News ? I said , there is in the News-paper , that you are making a Discovery ; and that you were to be Lieutenant to Sir John Friend . You replied , they may put what they please into the Flying Post , but said you , I know nothing of the Matter . L. C. J. H. How long ago was this ? Mr. Courtney . This was when the News-paper came out on Friday last . L. C. J. H. But did he talk of going against his Conscience ? Mr. Courtney . On Friday Night I came to see Blair , and his Wife was with him ; and he was clasping his Hands , Groaning and Mourning in a miserable condition , and I thought giving up the Ghost : He was in so miserable a condition , because the Prison was very cold and no Air. I asked if he would drink a Glass of Brandy . He told me no. I understand , said I , that you are going to Morrow to Hicks's Hall to Witness against Sir John Friend : O , says he , Pray God direct us all ; Life is Sweet . Says his Wife , he would never do it but to save his Life ; he goes against his Conscience , and so said he . Said I , you have the Character of an honest Gentleman , ever since I knew you ; have a care you do not wrong your Conscience . O , says he , that is the only thing , the only thing , or to that purpose , and shew'd all the Remorse in the World. I speak this Innocently , and with a great deal of Pity . This hath been communicated to one and another , and so I am sent for . Mr. Att. Gen. Do you hear what he says , Mr. Blair ? Mr. Soll. Gen. You have heard what he says . L. C. J. H. What do you say ? You have heard what Mr. Courtney says on Friday Night last , in relation to your going to Hicks's Hall the next day . Mr. Blair . This Gentleman crouded himself upon me ; he had a Cup of Brandy in his Hand : God knows I desir'd no Company , My Lord. Says he , Captain Blair , I have heard you have been a very honest Gentleman all along , and hear you are going to Hicks's Hall to Morrow , pray God Almighty direct you , and that is all I have to say to you . I was very Sick , but for any thing of Remorse of Conscience , as I hope for Salvation , I never exprest it to him , nor any body else . L. C. J. H. Did your Wife say you went against your Conscience ? Mr. Blair . No. Mr. Att. Gen. Did that Gentleman thrust himself into your Company , or did you desire him to come in ? Mr. Blair . No , he thrust himself upon me . Mr. Courtney . There was a Sink , and the Door half open . I heard him Moan and Lament . — Mr. Blair . Keeper said I , now I beg of you , that no body might come to me but my Wife Mr. Att. Gen. Swear the Keeper . which was done Did Blair desire any body should come in but his Wife ? Keeper . No body but his Wife , unless they Thrust themselves upon him . Mr. Att. Gen. Do you know of his coming to him ? Keeper . No. Mr. Blair . I always desired the Maid to lock the Door on the inside , that no body might come in but my Wife ; and my Wife told me the other Day lying on my Bed , Do not speak , for Christ Jesus sake , for they come to Trapan you ; My Wife came in when this Gentleman came to me ; for Christ Jesus sake , dear Blair said she , do not speak one word , for you do not know but it may be a Trapan . Mr. Courtney . If I may have leave to say it , on the word of an Honest Man she said no such thing . But your Wife told me you went against your Conscience . Mr. Att. Gen. What was you taken up for ? Mr. Courtney . I was five times taken up , and at last Committed for Words . Mr. Att. Gen. Where do you live ? Mr. Courtney . In Southampton Buildings . Mr. Blair . I never heard or thought of any such thing as this . Mr. Courtney . Truly Blair , I speak in compassion to you , pitying your Soul. Mr. Att. Gen. What Country Man is Blair ? Mr. Courtney . An Irish man born . Mr. Att. Gen. Have you any Estate in England ? How came you to go to Blair ? Mr. Courtney . I have known him a long time ; I have been several times with him at the Coffee-House : I cant say I am intimately acquainted with him ; he was never my Bottle Friend . Mr. Att. Gen. How came you to go to him ? for he never ordered any body but his Wife to come to him . Mr. Courtney . They may say what they please , he could never go to the necessary House , but through my Chamber . Mr. Att. Gen. You say nothing to the purpose . Mr. Courtney . This of Boles reading the News , and his saying he knew nothing of the Plot , was Boxed about , and so I am sent for — As for coming to his Chamber , I think it no ill thing to visit a man when Sick. L. C. J. H. Blair , Did you say you never knew any thing of a Plot ? Mr. Blair . Yes , I told him I knew nothing of an Assassination or Invasion , by way of Discourse . But I was not to express my self among such People as they were , to give any hints to such as they were , Women and others , of things I had given an Account of to the King and Council . L. C. J. H. Have you any more Witnesses ? Sir. J. Friend . I have ; I desire Mr. King may be called ? L. C. J. H. What Questions do you ask him ? For what must he be called ? Sir. J. Friend . I desire to know of him whether Mr. Porter is a Papist . L. C. J. H. What say you Mr. King ? Mr. King. I am of Opinion that Mr. Porter is a Papist , and was always taken for a Papist , and never for a Protestant . L. C. J. H. And Sir J. Friend , What do you take him for ? Mr. King. I take him for a Papist , and no Protestant , nor ever was . Sir J. Friend . Did you ever hear me use any Reflections against the Government ? Mr. King. When any Reflecting words were started in Discourse , he desired them to forbear , and , said he , I dont like any such words , I have been acquainted with him these 20 Years , he Married a Relation of my Wives Husband . Sir J. Friend . You mean her former Husband . Mr. King. Her former Husband , Thomas Cole . L. C. J. H. Have you any more to say ? Mr. King. I have heard him say , if he had not taken the Oaths to King James , which were binding upon his Conscience , he would as freely take the Oaths to the present Government as any Man in England . But said he , I will live peaceably under the Government , tho because I dont take the Oaths I am double Taxed . Sir J. Friend . I desire Captain Cane may be called , Mr. Cane , I would know whether Captain Porter or Blair be Roman Catholicks , or if you know what I am . Mr. Cane . They were so reported to be at Epsom ; and I have been acquainted with Sir J. Friend several Years : We have been concerned together in the Traind-bands , in the Tower Hamlets , and have been in Company with him several times , and I never heard him give any Reflecting Language against the present Government in my Life ; and when any Reflecting Language hath been against the Government , he would say forbear talking . Sir J. Friend . I cant well hear him . L. C. J. H. He says he takes Porter to be a Papist , he was so reputed at Epsom , and says he has known you a great while , and never heard you Reflect against the present Government since the King came in . Sir J. Friend . Pray my Lord , ask him whether he Beleives me to be a Protestant ? Mr. Cane . I always took him for a Protestant . Sir J. Friend . I desire Mr. Carpenter may be called . Officer . Call Carpenter . Sir J. Friend . I desire to know whether or no Mr. Porter be a Roman Catholick , and Mr. Blair ? Mr. Carpenter . I have been at Epsom several times , and it hath been so reported there : But for Sir J. Friend , I have known him several Years . I keep a Brew-house as he does , and I have known him a great while , and have had Occasion to be in his Company , and to see him on the account of Partners , coming in to Trade together , and I never knew any thing of him but that he was a quiet and peaceable Man , that did frequent the Church , I know no otherwise . Sir. J. Friend . Will you please that the Statute Book may be sent for ? L. C. J. H. Yes , it shall . Have you any more Witnesses ? Sir J. Friend . Yes , a great many more Witnesses . L. C. J. H. Then call whom you will. Sir J. Friend . I desire Mr. Hawkins may be called , my Lord ; I desire he may give an account what I am , whether I am a Roman Catholick or a Protestant . Mr. Hawkins . I have known Sir J. Friend these 20 Years , and have had to do with him a great while before the present Government , and since ; and have heard him speak no Reproachful Language , slightingly or reflectingly against the Government . As to his Religion I did always believe him to be a Protestant of the Church of England , and always went to Church . L. C. J. H. What , since the Revolution ? Mr. Hawkins . I believe he has . L. C. J. H. Have you known him go to Church ? Mr. Hawkins . I have been out of Town , and have not seen him so frequently as I use to do . Sir. J. Friend . I desire Major Mold may be called for . L. C. J. H. If you have done with him . Maj. Mold . My Lord , I have known Sir J. Friend many Years , 20 Years : I have always lookt on him to be a sincere strict Protestant : I have been in his Company several times since the Revolution , and never heard him talk disrespectfully of the present Government , and have been in his Company several times . Sir J. Friend . I desire Dr. Hollingworth may be called . He did not appear Sir. J. Friend . I desire Mr. Lupton may be called . Mr. Lupton I desire you to give an account of me . Mr. Lupton . I have known Sir J. Friend about ten Years ; he was pleased to Imploy me as a Chaplain in his House , a very considerable time before , and after the Revolution : We always used Prayers in the Family , and prayed for the present King and the late Queen Mary , at which Sir J. Friend was many times present . Mr. Att. Gen. How long was it since ? Mr. Lupton . About four or five Years , as I remember . When Sir John's Family was lessened , he was pleased to say , my Family is now lessened , and I am going into the Country , and shall have no occasion for you at present , but if ever I make use of a Chaplain again , I will desire you to come to me again . L. C. J. H. How long is it since you left him ? Mr. Lupton . About five Year : and as to his being a Papist I have often had discourse with Sir John about it , and he was pleased to speak of it with Detestation of their Principles , and that he did abhor them . Sir J. Friend . Have you heard me speak any thing of an Invasion , how I would venture my Life in such a Cause ? Mr. Sheriff . Speak out that the Court may hear you . Mr. Lupton . I have heard him often say , That tho' he could not comply with the present Government , he would live peaceably under it , and that he would never be in a Plot ; and I never found any thing by him , but that he was a very worthy honest Gentleman . Sir J. Friend . Pray let Mr. Hodely be called up . Sir , pray tell the Court , and the Jury , what you know concerning me , and my Life and Conversation . Mr. Hodely . I believe , my Lord , Sir John Friend is a very settled Protestant of the Church of England I have frequently discoursed with him upon it : I have a couple of Children that are his Nephews , on whose Account I am forced several times to wait upon him , and trouble him . He hath often said he would never be in a Plot ; and which makes me the better remember it , his Words were , If you catch me in the Corn , put me in the Pound . Sir John Friend did frequently express himself with a great deal of Detestation against King-killing , or Assassinating a Crowned Head. Mr. Attor . Gen. Pray , Mr. Hodely , what were the occasions of such Discourses between Sir John Friend and you , concerning the Government , and with reference to any Plot against it ? Mr. Hodely . Indeed I can't tell upon what occasion ; such Discourses there will be on some occasions : I don't remember any occasion of it . L. C. J. H. How long ago was this ? Mr. Hodely . I believe Five or Six times within these Two Years . L. C. J. H. Had you the same Discourse ? Mr. Hodely . I can't tell as to the same Discourse ; but these were his Words , He would be in no Plot. L. C. J. H. Have you any thing more , Sir John ? Sir J. Friend . I cou'd bring a great many more . L. C. J. H. Call whom you will. Sir J. Friend . I would not give you the trouble . L. C. J. H. Call who you will. Sir J. Friend . Then call Mr. Willis , and Mr. Hemins : I hope your Lordship does not forget what I proposed about the Statutes being brought . L. C. J. H. No , we don't forget it . Sir J. Friend . I desire , Mr. Willis , you will give an Account to his Lordship , what you think of my being a Protestant ; and how I have behaved my self in every Respect . Mr. Willis . I have always taken for granted , That all who come to Church are Protestants ; and I did always take Sir John Friend to be a Protestant : The Acquaintance I have had with him was since I lived in the Parish of Hackney , and have had some Conversation with him sometimes , and friendly Visits ; but I don't remember any Discourse , at any time , relating to the Government , either one way or other . I confess I was never very often with him , but his Discourse was obliging and prudent always when I was there . L. C. J. H. When did you see him at Church ? Mr. Willis . I can't call to mind justly when it was ; he may be at Church sometimes , and I not see him ; for our Seats are very distant , and the Pillars between , that we can't see one another . L. C. J. H. Have you seen him there within a Year or two ? Mr. Willis . He hath been above a Year from Hackney . Mr. Montague . Can you say you have seen him there this Four Years ? Mr. Willis . I can't say what I don't know ; I can't call to mind : I wou'd not say any thing I don't know , tho' I am not upon my Oath . Sir J. Friend . I desire Mr. Hemins may be called : I cou'd call a great many , but all to the same effect . L. C. J. H. Whom you think fit ; call whom you will. Sir J. Friend . But one thing I desire before — — If these two Gentlemen , Blair and Porter , and none but these two ; if they are Papists , they are not good Witnesses against a Protestant , to prove him a Traytor , by 25 Edw. 3. For that Statute says , He that is Indicted must be proved Attainted , which can't be by the Evidence of Papists ; and that because they do refuse to take the Oaths of Allegiance required to be taken : And therefore I humbly beseech your Lordship that you will be pleased to tender them the Oaths ; for there is a Statute , 3 Jac. 1. c. 4. I desire they may be tendred their Oaths . L. C. J. H. That is not the present Business at this time . We must go on with the present Business . Sir J. Friend . They are not substantial Witnesses ; for this is the Law , as I am informed . I only speak as I did at first , before ever they were sworn : I desired to know when 't was convenient for me to insist upon this , before ever they were sworn . I asked whether they were Papists ; that they would not tell me , that was not allowed of ; it was over-ruled by the Court. But there is such a Statute , and my Witnesses have said that they are Papists ; there lies a great deal upon it , my Lord ; and I humbly beseech your Lordship , I hope you will not take it amiss that I do insist upon it . L. C. J. H. No , by no means , I will take nothing amiss . Sir J. Friend . 25 Edw. 3. 30 Car. 2. 3 Jac. 1. c. 4. I desire may be read ; for there it is , That if any Roman Catholick swear against any Protestant , who are by them accounted Hereticks , they are not to be believed ; for the Priest can absolve them from all Oaths : And they use Equivocations , and mental Reservations , and may have a Dispensation for such Forswearing , and afterward for all Villanies ; and therefore they are not to be credited , and their Evidence is really none , till they shall renounce those Matters and Principles . Therefore I humbly beseech your Lordship that these Statutes may be read . L. C. J. H. Read the Statute , 3 Jac. 1. c. 4. Sir J. Friend . My Lord , your Lordship was pleased to promise me , That if any thing should arise that was Matter of Law , my Counsel should be heard ; pray let me know if there be any Matter of Law in it ; and if there be , I humbly beg my Counsel may be heard . L. C. J. H. Let us know first if there be matter of Law. Sir J. Friend . My Lord , my Life is in danger , I am as clear as a Child unborn . L. C. J. H. If the Court did think there was any Colour in this Objection you make , we would let you have Counsel ; nay we would do it now , if we could do it by Law. Sir J. Friend . How do you say , may it please your Lordship ? L. C. J. H. If there were any Colour in what you say , in Relation to a Papist being no Evidence , we would hear your Counsel . I would be glad to hear that Counsel that would own your Objection ; the Statute shall be produced , and we shall see if there be any such thing , or any thing like it . Sir J. Friend . I don't understand the Law , my Lord , not I. I would be glad to hear Counsel , for my own satisfaction . L. C. J. H. Look you , Sir John Friend , you shall have what is fit to be done . You desire to have the Statute read , and it shall be all read . Sir J. Friend . My Lord , I desire that 25 Edw. 3. and 30 Car. 2. may be read . L. C. J. H. What Chapter ? Sir J. Friend . I have it down here . L. C. J. H. Then read the 25th . of Edw. 3. Gentlemen of the Jury , Sir John Friend desires the 25th . of Edw. 3. the Statute on which he is indicted , may be read . Sir J. Friend . My Lord , I beseech you that I may speak one Word before you go on to read this Statute . My Lord , I am advised by Counsel , a Consultation to levy War is no Treason , without Rebellion , Insurrection , and Invasion ; and inviting Men over is no Treason , unless a Foreign Prince be invited to come with his own Subjects . I am no Lawyer ; I leave that to your Lordship likewise . Clerk reads the Statute . Sir J. Friend . I don't think that is the Statute . L. C. J. Holt. Yes , that is the Statute you mention . Sir J. Friend . I do not know whether that be the Chapter ; I have not the Chapter . L. C. J. Holt. Read the Statute of 3 Jac. 1. c. 4. Sir J. Friend . There may be a Mistake in the Chapter ; I have not the Chapter . L. C. J. H. This is the Statute relating to High Treason , and has in it those very Words that are in your Paper which you have read to the Court. Sir J. Friend . Read the 3d. of K. James 1. c. 4. which relates to the tendring the Oaths to the Papists ; the Oaths appointed to be taken by the Statute ; they ought to have the Oaths tendred to them . L. C. J. H. That is another time . Sir J. Friend . Pray , my Lord — — Cl. of the Cr. O here it is . Sir J. Friend . No Roman Catholick is capable of having an Oath administred to him to be a Witness . L. C. J. H. Read it out . Sir J. Friend . I only speak of Roman Catholicks : I am told that Roman Catholicks regard not any Oath , because they have Priests that can absolve them ; and therefore I only speak this , because I know not how their Oath can sway with any one . Therefore your Lordship being my Counsel , I would desire , my Lord , that if there be any thing that I have omitted , that you would please to help me . Your Lordship was pleased to say , You were my Counsel , and that you would assist me , ( for I am as Innocent as the Child unborn ) however these Men have sworn against me : This is a hard thing , and to lay this upon a Gentleman , and that by these two Papists , 't is a very hard thing . L. C. J. H. Have you any Witness to prove that these Men have no Reason to charge you thus ? Have they any Displeasure or Malice against you ? Sir J. Friend . My Lord , I have been so kept up , I have not had time for any body to come to me . I had no Counsel till Saturday . Mr. Baker . That is a Mistake . Sir J. Friend . I had it not till Friday in the Afternoon . I have been kept so close , that I had no body to come to me . Indeed I had an Order , but there was a Mistake in that Order , so that no Friend could come to me , that I might inquire into Things . Mr. Soll. Gen. You had Notice of your Tryal , on Tuesday last . Mr. Baker . I did attend Sir John Friend , and gave him notice of his Tryal on Tuesday last , and desired to know if he would name his Counsel ; and he was pleased to Name Mr. Northy , and Sir Bartholomew Showers ; who did refuse to come after Orders were procured for them , and by that Reason , a great deal of Time was lost : Then I went to Sir John Friend again last Wednesday , not hearing of him , and I asked him , Why he had not named his Counsel ? He told me , Counsellor Northy would not come till he had spoken with Sir Bartholomew Shower . The next Day came Burleigh to me , and brought me the Name of the Person he would have . I immediately procured an Order , and went away with it ; I take it to be Mr. Welding , and he desired that Burleigh , and Underhall might come to him ; he had an Order the same Minute he spoke for it . L. C. J. H. When was it ? Mr. Baker . On Thursday . Where is Burleigh ? Sir J. Friend . I desired they would put into it , Lieutennant Colonel Tatton and Cash ; but they put in neither of these Men ; but took up my Kinsmam Cash , and put him into a Messengers Hand . L. C. J. H. Sir John Friend , If you had any Witness , and had not been as fully prepared for your Defence as you could be , you should have moved for your Tryal to have been put off till another Day . But now I say , Have you any reason to offer that these Witnesses have any Malice against you ? Sir J. Friend . My Lord , I am no Lawyer , I have not the Liberty of Counsel ; and it is a hard thing for a Man to suffer at this rate ; for these are things out of my reach , I am disappointed in every thing . L. C. J. H. Have you any more to say ? Sir J. Friend . No , my Lord , I have no more to say . Then Mr. Sollicitor General spoke to the Court and the Jury , to the Effect following : I am of Counsel in this Cause for the King , against the Prisoner at the Bar ; and it is my turn to Sum up the Evidence . The Prisoner cant say but he hath had a very fair Tryal , and has no Reason to complain , for all the rest of it shall be alike . He and you may very well remember , that Persons of the same Quality in former times , have not had that fair Dealing ; and though all things are very well now , yet Time was when it was not so : When Innocency was not a Safety for a Man ; when not his Life , much less his Laws and Liberties were secure to him : Time was , when the Protestant Religion , and the Church of England ( of which the Prisoner at the Bar , Sir John Friend , says , he is and boasts himself to be , and with very good Reason the best ) Time was , I say , When that Religion was in Danger , and when that Popery ( for which he reflects on the Witnesses now ) was like to Over-run us . And had not his Majesty , with the Hazard of his Life , and great Expence Rescued us , no body doubts , but that all in a very few Years , would have been made good upon us now . And it is a very melancholy Thing to consider , That there should be a sort of People among us now , so in love with Popery and Slavery , as to have a Mind to bring it about again : And it is a very ungrateful Thing , that when his Majesty with danger of his Life then , and several times since , hath endeavoured to defend us , there should be a Party of Men among us , who should endeavour to invade his Country , and fall on his Subjects in his Absence , in order to Subvert his Government . I will not accuse particularly the Prisoner at the Bar , to have had a Hand in the Assassination : But very plain it is he knew of it . This , among others , is a very ungrateful thing ; when another Person is engaged for my Defence , I should contrive and design against his Life , and be for invading of him . If the Prisoner at the Bar be not Guilty of what he hath been accused , nothing of this relates to him : But if what hath been given in Evidence , be true of the Prisoner at the Bar , he is one of those Persons that hath done all that he can to subvert the Government and to effect the Invasion of the Country . The First Evidence given in against him was by Mr. Porter ; and he gives in Evidence that at the King's Head in Leaden-hall-street , there was a meeting of several Persons , among which the Prisoner at the Bar was one , and that , in order to consider of the best means for the bringing back of the late K. James . They concluded at last the best means would be to send some body over to France to Invite K. James hither , and to intreat him to prevail with the French King to send over with him 1000 Horse , a ●000 Dragoons , and 8000 Foot , and that he should make what hast he could to Land with them here ; and to Incourage so to do , they promised their Assistance , and that they did not doubt to meet him with 2000 Horse . The person pitched on for this Errand , was one Charnock , lately executed for High Treason . But upon this proposition Charnock was very diffident , whether this was the effect of a sober consideration or not , and therefore would not undertake it till he had satisfaction that they still continued of the same mind : And therefore another Meeting was proposed and agreed upon of the same persons , and that was to be at Mrs. Montjoy's Tavern : There they all met again , and the Question being put , Whether they were of the same Opinion or not ; they did declare themselves all to be of the same Opinion , that Mr. Charnock should go to France on the Message agreed on at the Kings Head , and make as sudden a Return back as he could to give them an Answer . Captain Porter tells you , that Charnock brought word that the French King could not then spare them that Force that they desired . Hereupon it was put off , and their design was deferred till last Winter , and then it was likely to take place very lately . The next is Cap. Blair , and he tells you 2 years ago Sr. John Friend shewed him a Commission that he had received from the late K. James to raise a Regiment of Horse , of which he himself was to be Colonel . He tells you , it was Signed by K. James at the top , and Countersigned by Melford at the bottom ; and that he had a great many consultations with him , and considerations about raising this Regiment ; and that he was to be Lieutenant Colonel , and was to provide as many Officers as he could , and that he did provide several Officers , particularly Captain Fisher , Captain Vernatti , one Cole , one Bertram ; and he was to be a Lieutenant in one of the Troops . A great deal of the Evidence he gives against Sr. John Friend was out of his Own mouth , and that is as strong an Evidence certainly as can be given . He doth for that purpose tell you that One Evans was to be one of the Captains of his Troop ; that Colonel Sclater a man grown somewhat in Favour with Sr. John Friend Rival'd this Blair , that Sr. John Friend told him he would have Two Lieutenant Colonels , and this person should be one , and that he took very Ill , and did Resent it to Sr. John Friend , and therefore he told him he would make him a Captain of a Troop of Horse that should consist of Non-swearing Parsons . He tells you likewise there were listed several Men ; but the particular Persons he could not remember : But they were in the Papers he had given in to the Council . Sir John Friend told him Mr. Richardson was to be another of his Captains of Horse , and one Mr. Cole , another Captain ; and to bring in several Men. He tells you he receiv'd from Sir John Friend some Summs of Money , and that Sir John Friend having laid down 100 l. about the Escape of Parker out of the Tower ( for which was laid down 300 l. ) Sir John Friend was to be reimburs'd this 100 l. from St. Germans ; and that one Mr. Piggott had re●eiv'd it for Sir John Friend , but refus'd to pay it to him ; and that Sir John Friend was contented he should have 20 l. out of that 100 l. provided he could get it of Mr. Piggott : But Capt. Blair not having so much Interest himself as to get the Money of Mr. Piggott , applies himself to one Mr. Harrison , alias Johnson , by which means he got that 20 l. He tells you afterward , he was pressing on Sir John Friend to have another 20 l. Sir John was contented he should have it , if he could get it of Mr. Piggott . Capt. Blair produceth a Letter that Sir John Friend writ to him , and excuseth himself , That Mr. Blair had not heard from him , but that he would meet him at such a time at such a Coffee-House ; in the Letter the Business of their Meeting was not express'd : That he met accordingly , and there was Mr. Harrison and Mr. Piggott , and 5 l. of the Second 20 l. was paid ; this Second 20 l. was paid on Account of Charges Mr. Blair had been at , in Drinking with the Listed Men to incourage them . There was another Letter that Sir John said he writ to King James ; he shewed him this Letter at Mr. Piggott's Mother's House . He told Sir John it was so very well Penn'd , he suspected it was not Sir John Friend's Penning , but Mr. Ferguson's : He tells you , That thereupon Sir John was very angry , that he suspected him not to have penn'd that Letter . This shew'd the Intelligence ; and that this Letter was upon the Inviting King James . He tells you likewise , That Sir John Fenwick told him that he had Four Troops ready for that Service ; and tells you also , he was to be one to serve in this Regiment under Sir John Friend : That Mr. Ferguson was to bring in a considerable Number of Men to him ; and all this was to be put in Practice when the Thoulon Fleet came about to join the Brest Fleet : And likewise , when he was with him in his Coach , he said they must act very warily , and be good Husbands ; and that it had cost him so much Money , that if the Fleet did not come quickly , he should want Money to carry on his Trade . These are positive Witnesses against Sir John Friend , as of his own Knowledge , and most of it from his own Mouth . Sir John Friend , he tells you , was a good Protestant , and the two Witnesses Roman Catholicks ; but this is no Objection against their Evidence . It was never known before , but that a Roman Catholick may be a very honest Man , and a good Witness ; though Sir John knows very well , that they are not very good otherwise ; yet they may be allowed to be good Witnesses : For those that were Witnesses against them that lately died , were ingaged in the same Design with them , which was to Assassinate the King ; and certainly , if any thing could have taken off their Evidence , it should have been that : But that was so far from making them no Witnesses , that it strengthned their Evidence . For though a Roman Catholick may be a very honest Man otherwise , it is more likely for him to ingage in such a Design than any other Man ; and Sir John Friend might not find enough of other Religions , than that of the Roman Catholick , for that Design ; and so it is plain he ingaged with those who were most likely to ingage in such a Design . As to what Mr. Courtney tells you of Capt. Blair's Discourse with him in Prison , he tells you that Discourse did not go so far as he pretends ; but Mr. Courtney grafts upon it . Capt. Blair tells you he intruded into his Room , when he had given Order , That no one but his Wife should be permitted to come in . You have heard the Evidence against the Prisoner , and if you believe what our Witnesses have said , Capt. Porter and Capt. Blair , then certainly Sir John Friend is Guilty of all the Crimes charged in the Indictment : And I hope you will be so Just to your Prince , to your Country , and to your Friends , as to find him Guilty accordingly . Mr. Cooper , one of the King's Council , spoke to the Court and the Jury to this Effect . My Lord , and you Gentlemen of the Jury , I do not think there is any thing necessary to be said to the Court ; and I think , hardly to the Jury : But ( if possibly we may ) to convince the Prisoner at the Bar , that he has not , nor shall have , any hard Measure ; but that he is Guilty of the Crimes whereof he stands accused in the Indictment : And to shew you that there is no Weight in his Defence , the First Part of his Defence is from some Discourse he would object against Capt. Blair , in the Prison of the Gate-House . One Part of that Discourse is upon his first coming into the Prison , and then his Objection amounts to only this ; That Capt. Blair , when pumpt by some of the Prisoners , would not confess to them that he was ingaged in that horrid Design : But how empty that Objection is , I would leave to them who would judge whether a Man ( newly taken into Prison , and in Company with Persons who would not have liked him , nay , may be , have destroyed him in Prison for that very Confession of his ) were likely to own it . Another Discourse was on Friday last , the Day before he was to go to Hick's - Hall , and then this Person intruded himself into his Chamber , when he had ordered that no Body should be permitted to be let in ; and he comes with a Cup of Brandy in his Hand , and good Advice , That he should have a Care what he did ; and then he said Capt. Blair did express some Reluctancy about the thing he was going upon , the next Day : If that were true ( but he denies it ) when going to depose a Truth against an old Friend and Companion , it was no more than what he did when he first came into Court , when he was going to depose a Truth , That he told Sir John he was very loath to depose that against him , which he was forced now to do . Another Part of his Evidence is , That he brings Witnesses to Prove the Evidence against him was by Roman Catholicks , and he a very good Protestant of the Church of England : If that be true , all that can be gather'd from it is , That a Papist engaging in so black a Design , may be a very good Papist ; but I am sure you will all agree with me , that he was a very bad Protestant . But whether or no Papists may be Absolved by their Priests their false Swearing , I can't tell that , for I am not acquainted with their Religion ; it may be they may ; but I am sure , the disservice they have done to the Popish Cause , after they had Served it so long , will be one of the last things they will ever Absolve them of . Another thing he insists on is this : He hath brought two or three Clergymen to Evidence for him that he was very cautious in talking Reflectingly against the Government , and that he was not , nor could not be in any Plot ; and 't is to be observed , that at all times , that That swims uppermost , and is most frequent in all Discourses , that a Man is most engaged in : They say nothing introduced those Discourses , but that at all times he frankly declared he was not in any Plot , nor would not be one way or other ; as the way that Weak Men and Children discover their being ingaged in a thing , is by their constantly discoursing upon it , and declaring that they would not be concerned in it . Another Particular he hath just offer'd at , is a Point of Law ; but that dropped , and he waved it : He would have had it , That no Roman Catholick could be allowed as an Evidence against a Protestant . What weight there is in that , Gentlemen , I doubt not but the Court hath given you good Satisfaction in . I would do the Prisoner right ; But I would have you consider , That the Prisoner hath not only been Charged with a bare Conspiracy ; but that he was Ingaged in consulting an Invasion , in order to drive out His present Majesty , and Depose him from the Crown , which is High-Treason by our Law , which way soever it be done ; whether by a Stab , or Shot , or Levying War. In the last place , I would take Account of the Consultations held , wherein he admits he was present at the two Meetings , where both say he was present ; he only differs in one Point from the Witnesses : He says , Nothing was talked of at these Meetings , but general and indifferent things ; but the Witnesses have Sworn what the Discourse was . There is one thing more , that is , Mr. Bertram's Evidence ; not that we produce it against the Prisoner , but to support what was Sworn by Capt. Blair . And this is in order to satisfie the Court , That there is nothing said against the Prisoner , neither Maliciously nor out of any Envy ; for Capt. Blair did acquaint Mr. Bertram with the thing at least Two Years ago , and confirmed it with this Circumstance , That he was to be Capt. Blair's Lieutenant , and Capt. Blair Swears the same thing . There is Concurrence of Evidence against the Prisoner , and great Levity in his Defence : Therefore we leave it with you . Then my Lord Chief Justice Holt Summed up the Evidence , to the Effect following . Gentlemen of the Jury , Sir John Friend , the Prisoner at the Bar , is Accused for High-Treason ; and the Treason that is mentioned in the Indictment , is , Conspiring , Compassing , and Imagining the Death of the King. To Prove this Conspiring and Compassing the King's Death , there are two particular Overt-Acts mainly insisted upon ; The One , The Agreeing to send Mr. Charnock into France to King James , to perswade the French King to send over Forces to Assist them , who were to furnish other Forces to raise War within this Kingdom , in order to Depose the King. The other Overt-Act , Is having a Commission for Procuring and Levying Men , to be ready , in order to Join with the French upon their Invasion , and this for the Restitution of King James , and total Extirpation of King William . These two , as I told you , are the two Overt-Acts that are mainly insisted upon ; and to Prove him Guilty of these , there are two Witnesses ; One is Capt. Porter , who spoke to the First ; The other is Capt. Blair , who spoke to the Second . Capt. Porter tells you , about the latter end of May , or beginning of June last , he and Sir John Friend , and others he mentioned , were at the Kings-Head Tavern in Leaden-hall-Street , and there they entred into Discourse about the Return of King James , and did consider among themselves which was the most Effectual way and means to have him Restored : Thereupon , it was Agreed among them , to send a Messenger to France to King James , to desire him to sollicit the French King to furnish him with 10000 Men to be sent into England , 8000 Foot , 1000 Horse , and 1000 Dragoons : And that they did agree when these Forces were sent over , that they would be ready to meet and Join them with 2000 Horse . The Messenger they Agreed to send , was with them at that very time , and that was Mr. Charnock , lately Tried and Executed . This being determined , Charnock makes ready to go on this Expedition ; but before he went , it seems , he had a desire to meet with the Company again , for a further Discourse of this Matter , and see whether or no they did Persevere in the Resolution they formerly took . Thereupon there was another Meeting about a Week or Fourteen Days after , I can't tell which , and that was at Mrs. Montjoy's , and there were Sir John Friend , and Captain Porter , and others , of the same Company that were before at the King's-Head , and there they entred into the Debate of this Matter ; the Question was , Whether or no Charnock should be sent into France , as was formerly determined ; and then it was determined that he should go ; and it seems , Capt. Porter said he went in two or three Days afterward . And Capt. Porter tells you further , that Three Weeks or Five Weeks ( sometime afterward ) Mr. Charnock comes back , and Capt. Porter was taken up upon the Riot , and did not see him upon his first Return , but afterwards he met with him and spoke to him , and asked him , What he had done , and what were the Effects of his Negotiation ? He told him , he had done as he was directed ; That he had been with King James , and that King James had spoken to the French King ; but the Answer return'd was this , That the French King for that Year had Occasion for his Forces to be otherwise employed , and could not spare them that Year . Capt. Porter ask'd him , Whether he had been with the rest ? He told him , he had acquainted them with the same thing . The next Evidence is Capt. Blair , to the other part of the Indictment , which is for Raising of Men ( not Levying of them ) he having a Commission from King James , for Ingaging of Men to be of his Regiment , of which he was to be Colonel himself , and to provide Officers . Capt. Blair tells you , Two or Three Years ago he was with Sir John Friend , and Sir John did produce a Commission that he had from King James , to be a Colonel of a Regiment of Horse that he was to raise . He was to raise them himself , and to appoint what Officers he thought fit : That he Read the Commission , and it was Signed at the top James Rex , and Counter-signed Melford . Sir John Friend promised Capt. Blair , he should be Lieutenant Colonel of that Regiment ; and told him , That he should get as many Men as he could ; That Mr. Vernatti was to be one of his Captains ; That Captain Blair brought Mr. Fisher to Sir John Friend , to be his First Captain : And that there was one Mr. Sclater , a Man in Favour with Sir John Friend , and he was to be another Lieutenant Colonel , as he told Capt. Blair , saying , It is no matter if I have two Lieutenant-Colonels in my Regiment : At which , Capt. Blair took great Offence , and did express as much to Sir John Friend . Thereupon , Sir John Friend told him it should not be . I will , said Sir John , make another Provision for him ; he shall be a Captain of a Troop of Non-Swearing Parsons , and that should satisfie him . Besides this , in order to raising of Men ( no Men were Levied ) and for Ingaging Men to contract to come in , and be of his Regiment , He tells you there was Expended a great deal of Money to Caress them , and keep them together , and to carry on this Design . Whereupon Capt. Blair came to Sir John , and made Complaint that he wanted Money to carry on the Design . Upon this , Sir John Friend tells him , There is 100 l. due to me , which I ought to have upon this account , viz. because I laid down 100 l. in order to the facilitating the Escape of Col. Parker out of the Tower , and there is one Mr. Piggott had Directions to Pay me that 100 l. but I can't get it of him ; You shall have 20 l. of that 100 l. But how is this to be had ? Why , there is one Mr. Harrison alias Johnson hath an Interest in this Mr. Piggott , to whom he made his Application , and thereupon 20 l. was Paid him about the latter end of June , or the beginning of July last . After this , Capt. Blair said , he had Occasion for some more Money some time after , about Michaelmas , and he was very Importunate with Sir John to obtain it from him : I will give you the manner how . It was out of the same Summ that he had the other 20 l. He writes to Sir John Friend a Letter , and Sir John returns this Answer , and that by a Letter under Sir John's own Hand , and he knew it to be his own Hand : In the Contents of the Letter are that which is remarkable ; the Letter bears Date some Tuesday Morning , directed to Capt. Blair ; the Letter was delivered at his own House , and this was to meet him on Thursday next , at Jonathan's Coffee-House at the Hour of Twelve . Accordingly Capt. Blair comes to Jonathan's Coffee-House , where he doth meet Sir John , and Mr. Harrison was there , and there he does receive some Money : So that now this Letter doth not depend for its Proof , barely upon his Hand , but upon the Contents , and the subsequent Action thereupon ; and this is a great Evidence , because the Letter directs him to meet at Jonathan's Coffee-House , and Sir John Friend does meet with Capt. Blair at that Place and Time ; and that there was a Discourse of the Design of the French Invasion . He farther tells you , there was a Discourse between him and Capt. Blair , How that Sir John did not at all scruple his being concerned , but did according to the Tenour of the Discourse past , tell him , That he would not stir till such time as the Thoulon Fleet was come about ; thinking that if he did , there would be danger of his being Apprehended : And therefore that he would sculk about , and bid Capt. Blair should do the same ; a very great Argument that he continued still of the same Mind ; for this Discourse related still to the former Business , viz. That he was to raise a Regiment of Horse , in order to the Restauration of King James ; and it also , hath Relation to the French Invasion , which was expected on the same Account for about Two Years . There was a great Intimacy between this Capt. Blair and Sir John Friend , and a great Trust Sir John reposed in him . And you are told of a Letter to King James : Sir John tells him , That he wrote that Letter himself . Capt. Blair says he read that Letter ; and that it was so well penn'd , he believed Mr. Ferguson did pen it : Upon which , Sir John was angry . Then you have , Gentlemen , Mr. Bertram called to be a Witness , to prove , That Capt. Blair told him he was to be Lieutenant-Colonel ; and that before the Discovery of this Plot , and the Assassination , That Sir John did intimate something of his Knowledge of it , That he heard of such a thing , but did dislike it ; for he thought it would be the Ruine of King James's Business . So that this , Gentlemen , is the Summ and Substance of the Evidence against the Prisoner : But now you are to consider what Sir John can say on Behalf of himself . First , He makes an Objection against the Credit of the Witnesses ; That they are not to be believed upon this Account , because they are known to be Roman Catholicks . Their Consciences indeed , as to Oaths , are somewhat large , especially when they swear against Protestants : And therefore , says he , they are not to be allowed against Protestants as Witnesses ; at least , their Credit is not sufficient to induce a Jury to believe them . At First he alledgeth , That there is a Statute that disables them from being Witnesses . There is no such thing , nor is that at all a Diminution of the Credit of their Testimony : For , I must tell you , they are Legal Witnesses : Though there are several Laws to punish them as Roman Catholicks ; yet no Law that renders them Infamous , or Incredible Witnesses , that I know of ; for you must know , Gentlemen , that Papists are Christians , and they do swear by the same Evangelists , as we do . And for that Objection , That they look upon us as Hereticks , and may be absolved for swearing falsly : It hath been well observed by the King's Council , they would never obtain any Dispensation whatsoever , when by their Swearing , they do a Papist Mischief , so they are good Witnesses as to their Credit and Competency . But then he insists upon it , that Blair is not to be look'd upon as a Witness ; and he tells you why , First , That he had denied he knew any thing of the Plot : The Occasion of that was this ; when he was in the Gate-house , there was News in the Flying Post or Post Boy , where it was alledged that Blair had confessed all ; and that thereupon Blair did say he was innocent . You are to consider the Weight of that Objection : Suppose he had said so at that Juncture , and did own that he knew nothing at that time ; by a Man's disowning of a thing , because he would not confess , or trust those Men with his Confession , that therefore he is not to be believed when he comes and swears it positively , that is no Argument . For now Blair is called to confront him , he tells you he did not say he knew nothing of a Plot , but denied being privy to , or being concerned in the Business of the Assassination , so that he did not deny wholly to be in the Plot , but in the Assassination . Then for the other Matter : On Friday Night last it seems this Courtney coming to Blair's Chamber , where Blair was , he takes notice to him of his Discovery ; says he , you are to be a Witness to morrow against Sir John Friend at Hicks's Hall , I pray God direct you . He says , Blair seemed to be much troubled , that he took notice it was against his Conscience ; and that he and his Wife said it was against his Conscience . Blair denies that positively , and says he believed he came in to catch him . He farther tells you , that his Design was to keep himself free from all Company ; and that he gave Order that none but his Wife might come to him ; that this his coming in surprized him ; that this Man rushed in upon him without his Consent ; that he did never say it was against his Conscience . Besides that , you must consider the Nature of the thing , that when a Man is to come the next Day to give an Evidence to the Grand Jury , it is not to be thought he should be so unwise a Man as to tell another , it was to swear against his Conscience . Therefore Gentlemen you are to consider the Evidence that Blair hath given , and the Validity of it . Then Sir John Friend doth insist upon another Matter . Says he , I am a Protestant : Is it likely that I that am a Protestant should Conspire , Confederate , and Encourage such an Invasion against the King and Kingdom ? And to prove that he is a Protestant , he hath called two or three Witnesses that have known him some twenty Years , others many years ; that have frequently been in his Company , and that tell you they did never know any time when he reflected against the Government : Nay , I think one of them says , he was in his Company when he did reprove such Reflections . And then one that was his Chaplain in his House is called , and he tells you that he read the Common-Prayers in his House since the Revolution ; that Sir John Friend was present while they prayed for the Present King and the Late Queen Mary , and that he says he has been gone from him about five Years , and hath had very little Converse with him since . Another says , he hath been in his Company divers times , and had several Discourses with him , and that he should say , that tho he could not conform to take the Oaths to the Present Government , yet he would live peaceably and quietly under it ; and that one Expression he had was this , If they catch me in the Corn , let them put me in the Pound . This is the Sum and Substance of his Defence ; you are to consider the Weight of that , and whether it is sufficient to ballance the Evidence that hath been given for the King against the Prisoner . It is plain , tho he was a Protestant , he was no good Friend to the Government , nor could not take the Oaths to it . I have known a great many Men that go to Church , and are present at the Prayers , but whether they joyn with them or no , I know not . But now you are to consider whether or no Sir John Friend being a Protestant , he would not be in a Plot because he said so , is such an Argument as shall be sufficient to make you disbelieve the Credit of this Evidence . Another thing he insists on is a Matter of Law. In the Statute of 25 Edw. 3. which hath been read , and doth contain several Species of Treason , giving an Account what shall be Treason ; One is , Compassing and Imagining the Death and Destruction of the King ; the other is , the Levying of War. Now , says he , there was no War actually Levied . To this Objection I must tell you , If there be only a War to be Levied , a Conspiracy to Levy War barely in it self is not Treason : But if the Design and the Conspiracy be either to Kill the King , or Depose the King , and the Way and Method proposed to effect it is to Levy War , the Consulting thereof to Levy a War is Treason , and a Treason which is mentioned in 25 Edw. 3. for the Words of the Statute are , If any Person shall Conspire , Imagine , or Compass the Destruction or Death of the King , such Conspiracy or Imagination is Treason , if made out by any Overt-Act . Now because a Man designs to do it by the means of a War , Agreeing and Consulting to Levy a War in order to that Design , is High Treason . There is a Levying of War without Treason , not aiming at the Death of the King ; for if a Number of Men appear in a Warlike manner , and this is not against the Person of the King , nor with a Design of his Death and Destruction , but for a general Reformation of the State , and to have better Laws , and to prevent those Abuses that they are offended at , this War now to be Levied not being to Compass or Design the Death of the King , this is not High Treason . But if the Purpose and Design be to Depose , or Destroy the King , and this to be by the means of a War , this is High Treason ; and it is an Overt-Act : So that , that Objection he makes in point of Law , is nothing in this Case . You have heard the Evidence , what it is , and you are to consider the weight of it , and the Circumstances with which it is attended , to prove the Credibility and the Probability on one side and the other : And if you do not believe that Sir John Friend was so concerned as you have heard the Witness Depose , then you are to Acquit Sir John Friend . But on the other side , If you do believe the Evidence against Sir John Friend , you are to find him Guilty by what the Evidence hath sworn against him . Jury-man . We desire to have the Letter with us . L. C. J. H. You may look on it here . Then an Officer was sworn to keep the Jury safe ; and they withdrew to consider of their Verdict . After a very short time the Jury returned , and the Clerk of the Crown spake to them thus . Cl. of the Crown , Gentlemen , answer to your Names . Thomas Clerk. Mr. Clerk. Here. And so of the rest . Cl. Cr. Gentlemen , Are you All agreed in your Verdict ? Omnes . Yes . Cl. Cr. Who shall say for you ? Omnes . The Foreman . Cl. Cr. Sir John Friend , Hold up thy Hand . You of the Jury , look upon the Prisoner ; How say you ? Is he Guilty of the High Treason whereof he stands Indicted , or not Guilty ? Foreman . Guilty . Cl. Cr. What Goods and Chattels , Lands or Tenements , &c. Foreman . None , to our Knowledge . Cl. Cr. Hearken to your Verdict as the Court hath recorded it . You say that Sir John Friend is Guilty of the High Treason whereof he stands Indicted , and that he had no Goods or Chattels , Lands or Tenements at the time of the High Treason committed , or at any time since , to your Knowledge ; and so you say all ? Omnes . Yes . Then the Court Adjourned till Seven a Clock the next Morning , the 24 th . Instant . The next Day , at Seven a Clock , the Court being met , a Messenger came from Sir John Friend to the Court , desiring that he might be heard a Word or two in Arrest of Judgment . Cl. Cr. Set Sir John Friend to the Bar. Silence . Sir J. Friend . I beseech your Lordship , that you will give me Leave to move in Arrest of Judgment , because I am not Convicted of Treason . Mr. Porter says , That I , with others , sent in May last to King James , to obtain Men from the French King : And Mr. Blair says , that I had a Commission from King James to be a Colonel of Horse ; but this is no Levying of War , and therefore I am Convicted but by one Witness . L. C. J. H. Sir John you were not Indicted for Levying War , but for Compassing the Death of the King : And as for your Commission to raise Men , you gave Money to Blair your Lieutenant-Colonel to give to the Men that were to be of your Regiment . Sir J. Friend . I thank God I am as innocent as a Child unborn of Assassinating the King. L. C. J. H. The Overt-Acts for dethroning the King are Overt-Acts for Compassing and Imagining his Death . Sir J. Friend . I desire your Lordship to hear my Counsel . L. C. J. H. We can't enter into Examination of that Matter now . You had Yesterday a long Trial. Sir J. Friend . I desire I may have Counsel for the satisfaction of the World. L. C. J. H. No Counsel , that understand what a Counsel should do , can say any thing for you in this Case : Tho' it be no Treason barely to conspire to Levy War , yet it is Treason to conspire to levy War to dethrone the King. Sir J. Friend . I desire that I may have the Liberty of Friends to come to me to take care of my Soul that little time that I have to live . L. C. J. H. Yes , by all means . Then the Court proceeded to the Trial of Sir William Perkins : And after the Jury had brought in their Verdict against him , they adjourned till Five-a-Clock that Evening . About Six of the Clock the Lord Mayor , Mr. Common Serjeant , and a sufficient Number of the Justices , returned into Court , and Proclamation being made for Attendance , the Prisoner was brought to the Bar. Cl. Cr. Sir John Friend , Hold up thy Hand . Thou standest convicted of High Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to the Law ? Sir J. Friend . I have said all already . Cl. Cr. All manner of Persons are commanded to keep silence while Judgment is giving , upon pain of Imprisonment . Note , The Sentence was pronounced against Sir William Parkins at the same time . Mr. Common Serj. You the Prisoners at the Bar , Sir John Friend and Sir William Parkins , have been indicted for High Treason in conspiring the Death of the King ; for Trial thereof you have put your selves on your Country ; which Country have found you guilty . The Crimes you are convicted of , are the greatest a Man can commit . Murder and Robbery are Injuries but to private Persons ; but to contrive the Destruction of the King , is letting in Ruin upon Thousands of People . For Robbery and Murder there may be something pleaded for Justification , as for private Revenge , &c. But to set , conspire , and debate the Destruction of a Prince , the best of Men , the Father of his Country , no Man had ever any Colour of Excuse for that . I would not add to your Unhappiness ; I am sorry for the severe Judgment that you have brought upon your selves . All that remains for me to do , is , to pronounce on you the Sentence . And the Court doth award , THat You , and each of You , be carried to the Place from whence you came , and from thence be drawn on a Hurdle to the Place of Execution , and be there severally Hanged , but cut down while you are alive ; that your Privy Members be cut off ; that your Bowels be taken out , and burnt before your Faces ; that your Heads be sever'd from your Bodies , and your Bodies be divided into four Quarters , and your Quarters to be at the King's Dispose : And the Lord have Mercy on your Souls . Then the Court Adjourned to the 22 d. Day of April . FINIS .