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A63152 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 (1696) Wing T2152; ESTC R37160 46,805 33

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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.
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.
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
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