how such a man's oath can weigh any thing, I cannot apprehend; therefore if I have omitted any thing, I hope your lordship will supply it, as you are my counsel; for you are a counsel for me, as well as the king.

L. C. J. Yes, yes, I would help you in any thing I could.

Freind. My lord, I thank you; I desire you to help me, for I am as innocent as the child unborn, whatsoever these men have sworn: These are hard things that are laid upon a gentleman, and no man is safe at this rate, they being sworn by two Papists, who will swear any thing against Protestants.

L. C. J. Look ye, sir John Friend, have you any witnesses to produce, that these two men have any displeasure or malice against you, that they should accuse you falsely?

Freind. My lord, I am sorry I have not my witnesses; I have been so kept up, that I had not time for people to come to me; I had not my counsel to come to me before Saturday.

Shrewsbury's office, and brought me the names of the persons that he would have assigned him of counsel, and immediately I procured an order for it, and away he went with it. This was upon the Thursday; Mr. Welden, and Mr. Cresset, or one of them, were named in the order, I am not positive which, and Mr. Underhill, and Mr. Burleigh were to be admitted to him. Mr. Burleigh had the order; if he did not carry it to him, I cannot help that.

L. C. J. When was that order for the counsel?

Mr. Baker. It was upon Thursday, my lord.
Freind. My lord, may I speak?
L. C. J. Yes, yes, what you will.

Freind. My lord, the reason why I had not my witnesses was this: there was a gentleman, one colonel Cash, lieutenant to my lord Lucas, he undertook to go, and put in his name, and three more, oue John Neale, and one Phillips to have an order to go about to look after my witnesses; but they did not put in any one of their names, but they took up and secured my kinsman Cash, and put him into the messenger's hands, and would not suffer me to have any of his assistance; therefore I saw what a design there was upon me.

L. C. J. How happened that?. Freind. My lord, there was a mistake in that, I think it was Friday, either Friday or Saturday: I had them not till Friday in the afternoon I was kept so close that none were permitted to come at me: on Thursday I had an order, but there was a mistake in the order, and I desired to get another order, but I could not get any body to get another order for me, to L. C. J. If you had wanted any witnesses, bave my friends to go and enquire into things, and had not been so fully prepared as you exor else I should have found out enough of wit-pected to be, you should have moved before the trial came on to put it off.

nesses.

Att. Gen. I am sure he had an order for counsel, at the same time that notice was given him of his trial.

Att. Gen. As for Mr. Cash, there was very good reason for it, he was secured for suspi cion of treason.

Just. Rokeby. But my lord put a question to you before, can you shew any reason why these persons should have any malice against you?

Rokeby. Nor have your witnesses proved that they are Roman Catholics, but only that they are reputed so.

L. C. J. Well, I cannot tell what avail that would have been of, if they had been proved so. Have you any more to say, sir John Freind?

Freind. No, my lord, I leave it to God, and you, and the jury to consider of it.

L. C. J. When was that? Att. Gen. On Tuesday, my lord. Freind. My lord, I was not so much a law. L. C. J. What say you to it, Mr. Baker? yer as to know these things; but it is a hard Mr. Baker. My lord, I did attend sir John thing, that a man that's innocent must suffer at Freind on Tuesday last, to give him notice of this rate: I have been disappointed in every his trial as this day; and I at the same time thing, for these gentlemen have not been per told him if he would name bis counsel to me, Imitted to answer, whether they are Roman Ca would procure an order for them to come to tholics or no. him. The next morning he was pleased to name to me sir Bartholomew Shower; I took the liberty to tell him, that he being so concerned at the House of Lords, and at the committee about parliamentary business, some other persons that had named him of their counsel, notwithstanding orders were procured for him to go to them as their counsel, yet by that means they were disappointed of him, and great delay was given to the prisoners; and therefore I desired him to consider of it, and to send to sir Bartholomew Shower, and any other counsel that he had a mind to, and know their pleasures, whether they would attend him; and if he would send me word, I would procure an order for him. But not hearing from him, I went on Wednesday to him again, and he said he sent to Mr. Northey, but he would not come to him till he had spoke with sir Bartholomew Shower, but he would send me word that night, yet he did not. But the next day came Mr. Burleigh to me to the duke of

fair

Sol. Gen. May it please your lordships, and you gentlemen of the jury, I am of counsel in this case for the king, against sir John Freind, the prisoner at the bar; and it comes to my turn to sum up the evidence that has been given. Sir John Freind, the prisoner at the bar, cannot but own, that he hath hitherto had a very trial, and he shall have no reason to complain, that I do him any injury in my part. Í am sure both he, and you, and all of us, very well remember, when persons of as good qua lity as he is, or better, had not the same usage or liberty of defence, in such cases, as this gentleman has had: and though all things are

49]

for High Treason.

very well now, yet the time was, within all our memories, when innocency was no safety for a man's life, much less for his liberty; and when those two are taken away, and are invaded, property signifies nothing. The time was. when the Protestant religion, and the church of England, of which the prisoner boasts himself to be, (and for a very good reason, because it is the best of religions,) I say, the time was, when that was in danger; and when Popery (for which he now reflects upon the witnesses) was like to have over-run both us and it; and if his majesty, with the hazard of his life, and at a great expence, had not rescued us, there is nobody doubts, but that all that we feared at that time, would have been made good upon us ere now. And it is a melancholy thing to consider, that there should be a sort of people amongst us, so in love with what we then dreaded, as to be continually endeavouring to bring it about again. And it is an ungrateful thing, when his majesty ventured his life then and has done it several times since to defend us, and does all that he can to keep our enemies at a distance, there should be a party of men, that do what they can to invade their country, to destroy his majesty's subjects, and to fall upon himself, when he is present I will not accuse the prisoner at amongst us. the bar particularly, though it is plain he knew of it.

Freind. Know of it? I declare before God, and the world, I know nothing of it.

Sol. Gen. This, if it were among equals were certainly a most ungrateful thing, when another person is fighting in my defence, that or when he I should design against his life; does what he can to protect my estate, I should be invading and spoiling his.

Gentlemen, if the prisoner at the bar is not guilty of what he is accused of, and what you have heard the witness give evidence of, then nothing of this doth relate to him: but if what has been given in evidence against him is true, then the prisoner at the bar is one of those persons, that has done all he can to make this country, which has been the place of retreat for all Protestants to fly to, from persecution in their own countries; I say to make it as unsafe for them, as that from which they came. Gentlemen, The evidence against him is, first, Mr. Porter, and he gives it in evidence, that at the Old King's Head in Leadenhallstreet, there was a meeting of the prisoner, and Porter and several others, in order to consider the best means, how to bring back the late king James; and they concluded at last, that the best means would be to send somebody into France, to advise the late king James to borrow of the French king/10,000 men, 1,000 horse, 1.000 dragoons, and 8,000 foot, and that he should make what speed he could to land with them here; and to encourage and invite him to do so, they promised him their assistance, and they did not doubt but to be ready to meet hiu with 2,000 horse at his landing.

Gentlemen, the person that was pitched upon
VOL. XIII.

to go upon this errand, was Mr. Charnoek, a
person lately executed for the treasons of which
he was attainted. Mr. Charnock was diffident
whether this was the effect of sober considera-
tion, and therefore would not undertake to
carry this message until there had been ano-
ther meeting of the same persons; to see
whether they continued in the same mind.
Another meeting accordingly was appointed,
and agreed upon, and that was at Mrs. Mount.
joy's tavern at St. James's, and there, he says,
there were almost all the persons that were in
Leadenhall-street, and at that meeting the
question being asked, whether they were of the
same opinion, that Mr. Charnock should
that
go to France to the late king upon
; that
message, that I told you of before? they did
all agree to abide by the old resolution
he should go, and make as speedy a return as
he could, and bring back the late king's answer.

Captain Porter tells you, that Mr. Charnock
did go to France, and comes and brings word
back, that the French king could not at that
time spare that force that was then desired;
and so it was delayed at that time, because the
French king was not at leisure then to employ
his men in this service; but it was likely to
have taken place, but very lately, if the provi-
dence of God had not prevented it.

Gentlemen, our next witness is Captain
Blair, and he tells you, That about two years
ago, sir John Freind, the prisoner at the bar,
shewed him a commission that he had received
from the late king James, to raise a regiment
of horse, of which he was to be colonel; that
this was signed James Rex at the top, and
countersigned by my lord Melford, and it was
in paper. And that there were a great many
consultations between sir John Freind, himself,
and others, about the raising of this regiment,
and providing officers for it. He tells you he
was to have been lieutenant colonel, and was
to procure as many officers and troopers as he
could; and he tells you, he did procure several
officers; and be names them; one Fisher was
to be eldest captain, one Vernatti, and one Hall,
and one Bertham, and that Bertham was to be
lieutenant to Blair in his own troop.

Gentlemen, a great deal of the evidence
which captain Blair has given, is indeed out of
sir John Freind's own mouth, and that is as
strong an evidence as possibly can be given;
tell that he
you,
and he does for that purpose
said one Evans was to be a captain of horse,
and one colonel Slater was grown so much in
sir John Freind's favour, that he rivalled cap-
tain Blair, in the opinion of sir John Freind;
and sir John Freind for that reason would have
two lieutenant colonels, whereof Slater was to
be one.

Captain Blair says, he took that
amiss, that any one besides himself should be
in that post, and resented it to sir John Freind;
and therefore sir John Freind found out ano.
ther office for Slater; and that was to be a
captain of a troop of horse, that should consist
of non-swearing parsons, and which were to
be an independent troop.
E

that sir John Fenwick had four troops of horse, as sir John Freind told him, by way of encouragement, which were all ready for the service; and that Ferguson undertook to bring a number of men, and was to be one himself in that party; and all this was to be put in practice when the Toulon fleet came about, and joined the Brest fleet. And lastly he tells you, when he went in the coach with sir John Freind,

and be very good husbands, for in truth it had cost him so much, that if the fleet did not come soon, or the design should miscarry, he should want money to carry on his trade. All this positive evidence is of the witness's own know. ledge from the prisoner's own mouth.

Gentlemen, He tells you that he did list several men, but the particular persons, though he has named the officers, he did not so distinctly remember, but they are in the paper that he delivered to the council, which he has not about bim: He tells you, that sir John Freind told him, that one Richardson was another captain of horse, and the like of one Mr. Cole, that he was to be a captain likewise. He also acquainted you, gentlemen, that hesir John told him they must act very warily, did receive from sir John Freind several sums of money, and he acquaints you in particular with the manner how; he says that sir John Freind had expended 100l. towards the 3007. that was paid for the escape of colonel Parker out of the Tower; and that sir John Freind was to be reimbursed by monies that were to be transmitted from king James at St. Germains. He tells you that Piggott had received the money, but did not deal with sir John Freind so fairly as to pay it to him; but when captain Blair was pressing on sir John Freind for some money, sir John Freind was contented that he should have 207. provided he got it from Piggott out of this 100l. Captain Blair had not interest enough it seems to get it himself from Piggott, but he applies himself to one Harrison or Johnson, (for it seems he goes by both those names) a priest, who had an interest in Piggott, by which means he got 201. of Piggott, and this he says was in June or July last.

Then, Gentlemen, he tells you afterwards, he was pressing upon sir John Freind to have another 20l. and sir John Freind was contented he should have it, provided he had it from Piggott, and he produces ye a letter that was from that very person, the prisoner at the bar, which is to that purpose; excusing himself that captain Blair had not heard from him, but that he would meet him at such a time, and at such a coffee-house. The matter indeed is not directly expressed in words, but at the time and place the prisoner did meet Blair, and there was Harrison and this Piggott, and there 51. of the last 201. was paid him; and the other 157. was paid him afterwards; and he swears these two twenty pounds were paid to him by sir John Freind, upon account of the charge that Blair had been at in drinking with, and treating those men who were to be engaged with sir John Freind in his regiment.

Gentlemen, he tells you likewise, that sir John Freind told him he had written a letter to king James, and he shewed him this letter, and this was at that Piggott's mother's house; and when Blair read it, he tells you he thought it was so well penned, that he did apprehend Ferguson must have a hand in it, and that it was none of sir John Freind's own; and that upon this sir John Freind was angry, that he should suspect that sir John was not the writer of this letter; all this shews an intelligence with king James, and makes out all the rest of the intended invasion by king James, and a French force here.

Captain Blair likewise tells you, gentlemen,

Against this evidence, gentlemen, he takes exception: that the two witnesses are Roman Catholics; but this is no exception to their evidence at all; for it was never yet allowed, or indeed objected, that I know of, before, that Roman Catholics were not good witnesses. A Roman Catholic may be an honest man, notwithstanding his religion: But, I think, that every body knows that men who have been ill in other things, though Roman Catholics, may, as to those particular things, be good witnesses. Nay, not long ago, but on Wednesday last we produced some witnesses, who were Roman Catholics, and yet allowed for good evidence, though engaged in that horrid conspiracy against the life of the king; and if any thing would have taken off their evidence, certainly the guilt of such a crime would do it, more than the pretence of any particular persuasion of religion. Nay, I must crave leave to say farther, that this argument is so far from inaking him no witness, that it makes it the more likely he does speak the truth, and therefore is a good witness. For though Roman Catholics may be honest men, yet they are more likely to engage in such a design than any other men. And I think I may very safely add, sir John Freind would not have found so many that he could engage in such a business as this, that were of any religion but the Roman Catholic, and therefore he applied himself to these persons, as most likely to imbark with him on such a bottom.

Gentlemen, as to what Courtney, that was brought from the Gate-house, says about his discourse with captain Blair in the prison; captain Blair has upon his oath declared, that he did not go so far as to say, he did any thing against his conscience, but only Courtney bid him take care what he swore, and pressed him no farther. He pretends he came casually into Blair's chamber, but it is plain he intruded into his room; for it is sworn by the jailor, and Blair himself, that he had given directions none should come into his room but his wife, so that does not discountenance the evidence of Blair at all; and if you do believe what our witnesses have said, captain Porter and captain Blair, then sir John Freind is guilty of all the crimes that are charged upon him in this indictment, and I hope you will be so just to

your prince, to your country, and to your-likewise, that, if they be papists, they may be selves, as to find him guilty accordingly. absolved by the pope, or their priests, though Mr. Cowper. If your lordship pleases, spare they should swear falsely. Possibly that may me a word on the same side. My lord, I do be so, for aught I know; I confess, I am not not trouble your lordship out of an apprehen- very well acquainted with the principles of sion that there is any thing necessary to be that religion: but this I dare say, that every said to the court in this matter, or for the sa- one, who has heard what has been sworn by tisfaction of the jury, but, if possible, that we them, will think it so great a disservice to the might convince the prisoner at the bar, that he popish cause and interest, that it will be one has had no hard measure, in this prosecution, of the last things their priests will ever abmeted to him, but that he is proved guilty of solve them of. the crime of which he stands accused, and that really there is no weight at all in the defence which he has made.

The first part of it goes to discredit one of our evidences, captain Blair, from some discourse that he would object to have passed between him and the person here produced, in the prison of the Gate-house. And the first part of that discourse was, upon Blair's first coming into the prison; and as to that time, the objection amounts to no more than this; that captain Blair would not confess, when he was pumped by a fellow-prisoner, that he was engaged in so horrid a design. What weight there is in such an objection, truly I cannot see, but will leave it to any man's judgment to consider, that a man, when he is freshly taken up on such an occasion, does not immediately confess his guilt to every body that meets him, nay, to persons that would not have liked him for making such a confession, but perhaps would have destroyed him in prison for so doing.

My lord, there is another matter the prisoner has thought fit to insist upon; he has brought two or three clergymen to depose, that whenever he discoursed with them (it seems at all times) he was talking about being in a plot, and very readily told his resolution not to be in any. It seems it still swam uppermost; his professions were made very causelessly for they all say nothing introduced them; but of his own mere motion he was always declaring he was not then in a plot, nor ever would be. I have heard, that one way, weak men and children often discover their knowledge of a secret intrusted to them, is, by a repeated and unnecessary declaring, that they know nothing of the matter.

:

My lord, in the next place for his defence, he just offered a point of law; but the court so well satisfied him in that, that I think he waved it. He alledged, that a bare conspiracy to levy war is not treason; and the court did him right in declaring (as God forbid but they should) that it is not treason: but I desire the The other discourse was upon Friday, the gentlemen of the jury would consider that the next day, I think, before captain Blair went to prisoner at the bar is not accused barely of a Hicks's-hall, to his examination; and then he conspiracy to levy war, but you are told to intrudes himself into Blair's chamber, when what end that war was to be levied, to join the he lay very ill upon the bed, accosts him with late king upon his descent into this kingdom a cup of brandy in his hand, and with good ad- with a French power, in order to drive his vice at the same time, that he should take majesty out of the kingdom, and to depose great care in what he should say at Hicks's-him from the crown; which is a killing him hall, and the like: and then captain Blair, it seems, did express some reluctancy in the thing he was going about, as if it were against his mind and inclination. If that were true, (though captain Blair denies it positively upon his oath) yet it was no more than, I am willing to observe for the prisoner, captain Blair did express here, when he first came into conrt; and it is no more than what is natural, since the prisoner had been his friend and intimate, and he was going to depose that against him, which was likely to prove fatal to him.

My lord, as to another part of his defence, it consists chiefly in this: the evidence brought to prove, that the king's witnesses are reputed Roman Catholics, and that the prisoner is a reputed Protestant of the church of England. If that be true too, all that can be rationally and fairly collected from thence is this, that they (the witnesses I mean) when they engaged in such a black and execrable design, might be very good Papists; but I am sure it will be agreed, that the prisoner in so doing was a very bad Protestant.

My lord, he objects to their evidence this

in the eye of the law: and that is high-treason, by whatever meaus they intended to effect it; whether by war, or a stab, or any other manner, it is indifferent.

In the next place, my lord, I would not take notice of another part of his defence, which had been better let alone, wherein he admits that he was present at the two meetings he is accused to have been at by Porter; but he only differs in one point, that there was nothing talked then but general and indifferent discourse. The witnesses have sworn what the discourse was, and you will weigh the one against the other; his affirmation of a thing unlikely in defence of himself, and what is deposed upon oath by the king's witnesses to the contrary.

My lord, there is one thing more I would take notice of, and that is the evidence of Mr. Bertham, which we do not produce as a direct evidence against the prisoner at the bar, but as a confirmation of what was sworn by Blair. And it does shew that the matter sworn by Blair, was not of late devised out of malice, or otherwise, to destroy the prisoner;