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land_n	full_a	king_n	time_n	1,316	5	3.4846	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B17220	The arraignment, tryal, and condemnation of Sir John Friend, knight for high treason in endeavouring to procure forces from France to invade this kingdom, and conspiring to levy war in this realm for assisting and abetting the said invasion, in order to the deposing of His Sacred Majesty King William, and restoring the late king : at the sessions-house in the Old-Bayly, on Monday March 23, 1695/6 ...	Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1695 (1695)	Wing A3759; ESTC R18506	64,554	47

Charge is to enquire Whether he be Guilty of the High-Treason whereof he stands Indicted or Not Guilty if you find him Guilty you are to enquire what Goods and Chattels Lands and Tenements he had at the time of the High-Treason Committed or at any time since if you find him Not Guilty you are to enquire if he fled for it if you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty if you find him not Guilty nor that he did fly for it you are to say so and no more and hear your Evidence Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This is an Indictment of High-Treason that is brought against Sir John Friend the Prisoner at the Bar for associating with and aiding the King's Enemies with a Design to procure an Invasion from France and to raise a Rebellion within this Kingdom and this was to Depose the King and Restore the late King James and in order to the effecting these his wicked purposes the Indictment sets forth That the first of July last he did Meet and Consult and agree with one Mr. Charnock a Gentleman since Tryed Convicted and Attained of High Treason how they should procure an Army from France to come and Invade this Kingdom and should Raise a sufficient number of Men to Facilitate the Landing of the French and the Indictment particularly charges the Prisoner at the Bar with sending Mr. Charnock into France to the late King James to acquaint him with the Design and to Desire him to procure a great number of Forces from the French King to come here and Land within this Kingdom And the Indictment does likewise charge him with procuring and Receiving a Commission from the late King James to Constitute him the Prisoner at the Bar a Collonel of Horse and likewise with laying out and expending and paying several Sums of Money in Listing and Keeping Soldiers and Men in pay under him which was to be in his Regiment and with laying out several Sums of Mony in buying Arms and Horses for this Invasion and Rebellion that was thus Designed to be made and Raised within this Kingdom To this Gentlemen he has Pleaded not Guilty we shall call our Witnesses and prove the Fact and we do not doubt but you will find him so Friend Prove this if you can it cannot be Mr. At. Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at Bar Sir John Friend stands Indicted of High Treason in Compassing and Imagining the Death of the King and likewise in Adhereing to the King's Enemies Gentlemen the Overt Acts laid in the Indictment to prove this Treason are these That the Prisoner at the Bar did accept a Commission from the late King James to Raise a Regiment of Horse in this Kingdom in order to joyn with the French when they Invaded it and there were several Meetings and Consultations between him and several others whom you will hear named by the Witnesses upon which it was Resolved to send a Messenger one Charnock into France to desire the late King James to prevail with the French K. to get a number of Men in all 10000. with an Assurance that they would Assist him with a number of Horse when he came and in pursuance of this Design the Prisoner at the Bar did raise Men and pay some Summs of Money for their subsistence and Listed and had them in Readiness and provided Horses and Arms. These are the Overt-Acts laid in the Indictment the Evidence that will be produc'd to you to prove this Treason and these Overt Acts will be in this Manner Gentlemen you will see by the Evidence that there has been a Design and Conspiracy on Foot for several Years to Assassinate the King's Person and to have an Invasion from France at that Time by armed Force here to subdue this Kingdom The Prisoner at the Bar Sir John Friend I think about Two Years ago had a Commission sent him from the late King James to raise a Regiment of Horse There were several other Commissions sent likewise but one was sent to the Prisoner which he accepted of and in pursuance of it he appointed several Officers and Listed several Men for that Purpose and expended several Summs of Money for the raising and subsisting of them Gentlemen you will hear that his Lieutenant-Colonel was to be one Blaire and his Major was to be one Slater and this Slater's Father was a Clergy-Man and he undertook to bring in a Troop of Clergy-Men that had refused to take the Oaths One of his Captains was one Evans one Richardson was another and there were several other Officers whom you will hear named by the Witnesses that were appointed and ingag'd to make up the Regiment Gentlemen you will hear farther by the Witnesses that about May or June last they having rais'd a considerable Number of Men there were several Meetings had between the Prisoner at the Bar and several other Persons in order to send some Person over to get Forces from France to Invade this Kingdom The first Meeting that you will hear of was at the Old King's Head-Tavern in Leaden-Hall-Street and there were present the Prisoner at the Bar my Lord of Aylesbury my Lord Montgomery Sir John Fenwick Sir William Parkins Mr. Charnock who was lately Condemned and Executed for the Design of Murdering the King Mr. Porter and one Cook At that Meeting you will hear what their Debates were and what their Resolutions after several Debates who they should send they resolv'd to send Mr. Charnock to go into France to desire the late King James to get 10000 Men of the French Troops to land upon our Coasts about 8000 Foot and the rest Horse and Dragoones And they did Impower him in their Names to assure the late King James that they would when ever he Landed with his French Troops be ready to assist him with near Two Thousand Horse among them Upon this Gentlemen Mr. Charnock undertook to go upon this Message But about a Week after they met again for he was unwilling to go upon such an Errand without having a full Resolution and Assurance from these Gentlemen that were thus Engag'd that he might satisfie the late King what they would certainly do So they met again about a Week after and that was at a Tavern in St. Jame's Street near Sir John Fenwick's Lodgings one Mrs. Montjoyes there was the Prisoner at the Bar my Lord of Alesbury and most of the same Company that were at the Meeting before And Mr. Charnock desired to know if they did agree to what had been Propos'd and Resolv'd on before for he was unwilling and did not care to go without a full Assurance of the performance They did all agree and desir'd that he would go with all Speed and that he should assure King James they would be ready to meet him if they had Notice

I do appoint Samuel Heyrick and Isaac Cleve to Print the Tryal of Sir John Friend Kt. and that no other Person presume to Print the same Mar. 24. 1695 6. J. Holt. THE ARRAIGNMENT TRYAL AND CONDEMNATION OF Sir JOHN FRIEND Knight FOR High Treason In Endeavouring to procure FORCES from France to Invade this Kingdom and Conspiring to Levy WAR in this Realm for Assisting and Abetting the said Invasion in order to the Deposing of His Sacred Majesty King William and restoring the late King At the Sessions-house in the Old-Bayly on Monday March 23. 1695 6. And Perused by the Lord Chief Justice Holt and the King's Council who were present at the Tryal LONDON Printed for Samuel Heyrick at Grays-Inn-Gate in Holborn and Isaac Cleve at Serjeants Inn-Gate in Chancery-Lane 1696. Die Lunae Vicesimo tertio Martis 1695. Anno Regni Regis Gulielmi Tertii Octavo At the Sessions-House in the Old-Baily this Day came on the Trial of Sir JOHN FREIND Knight for High-Treason in Compassing and Imagining the Death and Destruction of His present Majesty King William upon an Indictment found by the Grand-Jury for the City of London upon the Sessions of Oyer and Terminer and Gaol-Delivery of Newgate on Saturday the 21st Instant Cl. of Arr. CRyer make Proclamation Cryer Oyez thrice All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex Adjourned over to this day Draw near and give your attendance for now they will proceed to the Pleas of the Crown for the said City and County and God save King William Cl. of Arr. Make proclamation again Cryer Oyez You good men of the City of London summoned to appear here this day to try between our Sovereign Lord the King and the Prisoner that is to be at the Bar answer to your names as you shall be called every man at the first Call upon pain and peril that will fall thereon Then the Petty Jury were all called over and the Appearances of those that answered to the Call were recorded About Ten a Clock the Lord Chief Justice Holt the Lord Chief Justice Treby Mr. Justice Nevill and Mr. Justice Rokeby came into the Court and there being a great confluence of the Nobility and Gentry there present the Prisoner was ordered to be brought to the Bar which was done accordingly Cl of Arr. Sir John Freind Hold up thy Hand Freind My Lord I humbly move that I may have one William Courtney who is to be a principal Witness for me at my Trial and is now a Prisoner in the Gatehouse sent for L. C. Just Holt. Is he your Witness Sir John Freind Yes my Lord William Courtney is his name L. C. Just Holt. Sir John why did not you send and desire this before Freind My Lord I did not hear of him while last night and I humbly beseech your Lordship that you will please to let him be sent for The Judges consulted among themselves L. C. Just Holt. Look ye Sir John Freind I 'll tell you If you 'll appoint your Agent to come hither you shall have an Habeas Corpus ad testificandum But indeed you might have sent this morning and then the Writ might have been got ready Freind My Lord I did not know so much for it was last night before I understood that he was to be a Witness L. C. Just Holt. You might have sent last night or this morning and you should have had a Warrant for the Writ Freind I assure your Lordship I did not know so much L. C. Just Holt. Well Send your Agent or your Sollicitor and you shall have a Warrant for the Writ Freind I beseech your Lordship that he may be sent for and that the messenger may make haste L. C. Just Holt. Let your Sollicitor come to my Clerk and he shall have it Freind My Lord if you please to give a Rule of Court for it I suppose it may be done presently L. C. Just Holt. No no Sir John it must be by Writ the Keeper of the Gate-house else can't bring him Freind My Lord that will be a long time before it can be done I desire nothing but that I may have him here to give his Evidence for me L. C. Just Holt. It will be got ready presently I believe he will be here time enough for you to make use of his Testimony Freind But my Lord suppose he should not be here It would be a great hindrance to me and a greater injury in my Tryal L. C. Just Holt. No no Sir John you need not fear any thing of that nature we are not in such haste we will not spur you on But the Warrant shall be made and do you make what haste you can to get the Writ and your Witness brought The Lord Chief Justice gave order to Mr. Mason his Clerk to prepare a Warrant for an Habeas Corpus directed for the Keeper of the Gatehouse to bring William Courtney immediately hither to give evidence Cl. of Arr. Sir John Freind hold up thy hand which he did You stand Indicted in London by the name of Sir John Freind late of London Kt. for that whereas there had been for a long time and yet is an open and notoriously publick and most sharp and cruel War by Land and by Sea had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. All which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir John Freind a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and the true and due Obedience Fidelity and Allegiance which every Subject of our said Sovereign Lord the King that now is towards him our said Sovereign Lord the King should and of right ought to bear withdrawing and intending utterly to extinguish and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under our said Sovereign Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter and his Faithful Subjects and the Freemen of this

where he would land Pray Gentlemen observe the Time when these Meetings were It was in May or June last soon after the King was gone to Flanders and they thought this a fit Opportunity when the King's Forces were drawn out of England into Flanders for carrying on the Campaign then was the proper Time according as they discours'd the Matter the People being as they said generally Dissatisfied and but few Forces in England to oppose them Mr. Charnock accordingly went over into France and about a Month after return'd again and acquainted them that he had told King James their Resolution and how they would assist him and what they desir'd of him and in short had deliver'd his Message but that King James told him He thank'd them very much for their Kindness and Readiness to assist him but at that Time the French King could not spare any Forces nor could it be all that Summer and so there was nothing to be done and thereupon it rested till the last Winter Then Gentlemen you will hear that the last Winter the Design was renewed again about January last For Sir George Barclay came over from the late King being a Lieutenant of his Guards there and then they entered into a Conspiracy to assassinate the King and that was to be done first to facilitate the Invasion which was to follow immediately upon the Execution of the Assassination For they thought they cou'd have no Assurance of Success in their Invasion as long as the King lived and I hope every one will take notice how precious that Life is to us when it is so apparent to all the World that our Enemies cannot hope for any Success to their Enterprizes and Designs to destroy us but by taking that Life away Gentlemen this very Conspiracy you will hear the Prisoner at the Bar was acquainted with and privy to even this Assassination tho' indeed you will hear he did not much approve of it because he thought it wou'd be a Disservice to the late King's Affairs but he was at several Meetings with Mr. Porter and Mr. Charnock and Sir William Parkins and several others that were Conspirators in that Design and was acquainted with it as you will hear by the Evidence Gentlemen you will hear further that about January last the Invasion being intended to be quickly made the Prisoner at the Bar Sir John Friend had frequent Meetings with Blaire that was his Lieutenant-Colonel and other Officers to consider and prepare how to be in a Readiness About that time the Prisoner at the Bar Captain Blaire and one Captain Ridley met at a Place in Exchange-Ally and there they discoursed among one another and there Ridley said there was a considerable Roman-Catholick that was sent to King James and he wou'd bring the last Orders and Sir John Friend said he knew of it very well it was so and he hoped he shou'd have them brought very quickly At another time the Prisoner at the Bar and Blaire his Lieutenant-Colonel met at Jonathan's Coffee-House and the Prisoner took him up in his Coach and carried him along with him and there they had a great Discourse of the Affairs of the Regiment The Prisoner at the Bar Sir John Friend told Blaire they must be very good Husbands of their Money For if the Invasion shou'd miscarry he shou'd not have Money enough to carry on his Trade but he wou'd take Care about some Officers that had not Money to mount themselves but a great many were to prepare for themselves at their own Charges and for those that were to be under them They had likewise then some Discourse about the Thoulon Fleet coming about and that he thought it not adviseable to stir till the Thoulon Fleet came round He said he wou'd not put a Foot in the Styrrop till that were done and that he wou'd keep out of the Way and lie private till all was in a Readiness and advised Captain Blair to do so too Gentlemen you will find it further proved that about May last the Prisoner at the Bar paid 20 l. to this Captain Blaire who had laid out Moneys in the Affairs of the Regiment and this was to reimburse him what he had so laid out and it was in this manner You have all heard I suppose of one Colonel Parker who being taken upon his coming over from France was a Prisoner in the Tower but made his Escape from thence to which Escape the Prisoner at the Bar was privy This Escape cost 300 l. as you will hear and the Prisoner laid down 100 l. of it But this was to be repay'd him again but how was it there was one Johnson a Priest a Conspirator likewise in this Design of Assassinating the King and he undertook and promised that the late King should pay this 100 l. And accordingly one Piggott went over into France and had this 100 l. paid him by King James to repay it to Sir John Friend But he thought fit to keep the Money and Sir John Friend cou'd not get it of him and he durst not ask it because he knew the Consideration was not fit to be made publick But he told Captain Blair I cannot pay you this Money out of my own Pocket but Piggott ought to pay me who has received this Money of mine If you will prevail with Johnson who got this Money from the late King to be paid to Piggott to persuade Piggott to pay 20 l. I will allow it in part of the Money he is to pay me and you shall have it Captain Blair did prevail with Johnson to persuade Piggott to pay this 20 l. and Captain Blair did receive it and Sir John Friend did agree to allow it to Piggott out of the 100 l. due to him Gentlemen at another time about Christmass last there was another 20 l. paid by Sir John Friend's Order and Direction by Piggott to Blair upon the same Account by the Mediation of Johnson the Priest and this was paid and allow'd as being laid out in the Affairs of the Regiment before he being intrusted as Lieutenant-Colonel to look after the Regiment Gentlemen I have now opened the Substance of the Evidence the particulars you will hear from the Witnesses themselves If I have opened it amiss you will take care when the Witnesses are produced to observe what they say who will tell you what really was done and will rectifie any Mistake of mine For I wou'd have no such Mistake do the Prisoner at the Bar any Prejudice Mr. Solicitor General Gentlemen Mr. Attorney has open'd the Nature and Course of out Evidence so fully that I shall make no Repetition of any of the particulars but call our Witnesses and prove it in Order as it has been opened And first we call Captain George Porter who came in Friend My Lord before Mr. Porter is sworn I desire to know whether he is a Roman Catholick or a Protestant L. C. J. Holt. Why do you desire that Is

If persons do Assemble themselves and Act with Force in opposition to some Law which they think inconvenient and hope thereby to get it repealed this is Levying a War and Treason tho' Purposing and Designing it is not so so when they endeavour in great Numbers with Force to make some Reformation of their own heads without pursuing the Methods of the Law that is a Levying of War and Treason but the Purposing and Designing it is not so But if there be as I told you a Purpose and Design to Destroy the King and to Depose him from his Throne or to Restrain him or have any Power over him which is proposed or designed to be effected by War that is to be Levied such a Conspiracy and Consultation to Levy War for the bringing this to pass is an Overt-Act of High-Treason So that Gentlemen as to that Objection that he makes in Point of Law it is of no force if there be Evidence sufficient to convince you that he did Conspire to Levy War for such an end Gentlemen the Evidence you have heard what it is you may consider the Weight of it and the Circumstances that do attend it and likewise the Answers that have been given by the Prisoner to Invalidate that Evidence and to prove the Improbability of what they have testified against him You have heard I say the Evidence on the one side and the other If you are not satisfied that what the Witnesses have Sworn is true that Sir John Freind did Ingage in such a Design for such a purpose then you are to acquit him but on the other side if you believe that Sir John Freind is Guilty of what the Witnesses have Deposed against him then you are to find him Guilty Juryman My Lord we desire we may have that Letter with us that was produced here L. C. J. Holt. No no you cannot have it by Law Juryman May it not be left with the Foreman my Lord L. C. J. Holt. No but you may look upon it in Court before you go away if you will Then the Letter was handed to the Jury and one of them handed it to the Prisoner L. C. J. Holt. Why do you do so you should not give the Prisoner the Letter Juryman It was done to see whether it was his hand and we desire if there be any body here that knows his hand-writing or that saw him write it may be produced L. C. J. Why Did not he own the Letter to the Witness afterwards It was Sworn to you he did and that he met according to the Appointment in the Letter and that Money was paid Then the Jury withdrew to Consider of their Verdict and an Officer was Sworn to keep them according to Law till agreed and about a quarter of an Hour afterwards they Returned into Court and the Prisoner was brought to the Bar. Cl. of Arr. Gentlemen Answer to your Names Thomas Clark Mr. Clark Here. And so did all the rest of the Twelve Cl. of Arr. Gentlemen are you agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir John Freind hold up thy Hand which he did Look upon the Prisoner How say ye is he Guilty of the High-Treason whereof he stands Indicted or Not Guilty Foreman Guilty my Lord. Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the High-Treason committed or at any time since Foreman None to our Knowledge Jaylor Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court has Recorded it You say that Sir John Freind is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods nor Chattels Lands nor Tenements at the time of the High-Treason committed or at any time since to your Knowledge L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service L. C. J. Then we had best to Adjourn the Court till to Morrow Morning Cl. of Arr. Cryer make Proclamation Cryer O Yes O yes O yes All manner of persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-Delivery of Newgate holden for the City of London and County of Middlesex may depart hence for this time and give their Attendanc here again to morrow Morning at Seven of the Clock and God save the King Then the Prisoner was Carried back to Newgate and was brought the next Day to the Bar to offer what he had to say for Stay of Judgment and afterwards Received Sentence of Death as a Traytor together with Sir William Perkyns who was that day Tryed Convicted and Condemned and whose Tryal will be Published with all possible speed FINIS