A COMPLETE COLLECTION OF STATE TRIALS, &c. &c. 384. The Trial of Sir JOHN FREIND,* knt. at the Old-Bailey, for High Treason 8 WILLIAM III. a. D. 1696. Monday, March 23, 1696. AT the Sessions-House in the Old-Bailey, this day, came on the trial of sir John Freind, knight, for high-treason, 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. Clerk of Arraignments. Cryer, make proelamation. Cryer. Oyez, oyez, oyez, 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 gaol-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. Ch. of Ar. 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 o'clock the lord chief justice Holt, the lord chief justice Treby, Mr. justice Nevill, and Mr. justice Rokeby, came into the ourt; and there being a great confluence of the nobility and gentry there present, the 'See Holt, 681. East's Pleas of the Crown, chap. 2, sect. 9. 17. See, also, in this Collection, some important Observations on this Case in Lord Erskine's Speech on the Trial of Thomas Hardy, A. D. 1794. And a Note to the Case of Don Pantaleon Sa, vol. 5, p. 466. VOL. XIII, 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. J. (Sir John Holt.) Is he your witness, sir John? Freind. Yes, my lord, William Courtney is his name. L. C. J. 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. J. Look you, 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. this morning, and you should have had a warL. C. J. You might have sent last night, or rant for the writ. Freind. I assure your lordship, I did not know so much. L. C. J. Well, send your agent, or your solicitor, 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. J. Let your solicitor 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, 8 WILLIAM III. 3] 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. you to L. C. J. It will be got ready presently; I believe he will be here time enough for 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 great injury to my trial. L. C. J. 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 Ar. Sir John Freind, hold up thy band. [Which he did.] Trial of Sir John Freina, and the first day of July, in the Seventh year of the reign of our said sovereign lord the king that now is, and divers other days and times, as well before as after, at London, in the parish of St. Peter Cornbill, in the ward of Lime street, falsely, maliciously, devilishly, and traitorously, did compass, imagine, contrive, purpose, intend our said sovereign lord the king that now is, then your supreme, true, natural, rightful, and lawful sovereign lord, of and from the regal state, title, honour, power, crown, command, and government of this kingdom of England to depose, cast down, and utterly to deprive; and our said sovereign lord the king to death and final destruction to put and bring; and the aforesaid Lewis the French king, by his armies, soldiers, legions, and subjects, this kingdom of England to invade, fight with, overcome, and subdue, to move, incite, procure, and help, and a miserable slaughter among the faithful subjects of him our said sovereigu lord the king, throughout his whole kingdom of England, to make and cause; and that you the said sir John Freind to the aforesaid enemies of our said lord the king that now is, then and there during the war aforesaid, traitorously were adhering and assistYou stand indicted in London by the name ing: and the same your most impious, wicked of sir John Freind, late of London, knt. for that, and devilish treasons, and traitorous compasswhereas there had been for a long time, and ings, intentions, and purposes aforesaid to fulfil, yet is, an open, and notoriously public, and perfect, and bring to effect; and in prosecution, most sharp and cruel war by land, and by sea, performance, and execution of that traitorous had, carried on, and prosecuted by Lewis the adhesion, you the said sir John Freind, as such a false traitor, during the war aforesaid, to wit, French king, against the most serene, most ilthe same first day of July, in the year abovelustrious, and most excellent prince, our sovereign lord William the Third, by the grace of said, at London aforesaid, in the parish and God, of England, Scotland, France, and Ireland | ward aforesaid, and divers other days and times, as well before as after, there and elsewhere in king, defender of the faith, &c. All which time London aforesaid, falsely, maliciously, advisedthe said Lewis the French king, and his subjects were, and yet are enemies of our said lord ly, secretly, and traitorously, and with force You and arms, &c. with one Robert Charnock (late the king that now is, and his subjects. of high treason, in contriving and conspiring the said sir John Freind, a subject of our said Sovereign lord the king that now is, of this the death of our said sovereign lord the king kingdom of England, well knowing the pre- that now is, duly convicted and attainted), and mises, not having the fear of God in your with divers other false traitors to the jurors un heart, nor weighing the duty of your allegi-known, did meet, propose, treat, consult, con ance, but being moved and seduced by the instigation of the devil, as a false traitor against the said most serene, most clement, and most excellent prince, our said sovereign lord William the Third, now king of England, &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 kingdom of England, into intolerable and most miserable slavery to the aforesaid French king to subdue and bring; sent, and agree to procure from the aforesai senger from you the said sir John Freind, and the same other traitors unknown, unto and into the kingdom of France, in parts beyond the seas, unto James the second, late king of England, to propose to him, and desire of him to obtain of the aforesaid French king the soldiers and armed men aforesaid, for the invasion aforesaid to be made; and intelligence and notice of such their traitorous intentions, and adbesions, and all the premises unto the said late king James the second, and the said otherênemies and their adherents, to give and exhibit, and them to inform of other particular things and circumstances thereunto relating; as also intelligence from them of the said intended invasion, and other things and circumstances concerning the premises to receive, and the same to you the said sir John Freind, and the said other traitors in this kingdom of England, to signify, report and declare, in assistance, animation, and aid of the said enemies of our said lord the king that now is, in the war aforesaid, and to incite and procure those enemies the more readily and boldly to invade this kingdom of England; and the treasons and traitorons contrivances, compassings, imaginations, and purposes of you the said sir John Freind aforesaid, to perfect and fulfil; and all the premises the sooner to execute, manage and perform, you the said sir John Freind, during the war aforesaid, so as aforesaid continued, to wit, the same first day of July, in the abovesaid seventh year of the reign of our said lord the king that now is, at London aforesaid, in the parish and ward aforesaid, falsely and traitorously did procure and obtain to yourself, and did receive and accept of a certain commission or writing purporting itself to be a commission under and from the aforesaid James the second, late king of England, to constitute you, the said sir John Freind, to be a colonel of horse in the army by you and the other false traitors against our said lord the king that now is, within this kingdom of England to be levied and formed; and in pursuance of the said pretended commission by you the said sir John Freind so obtained and accepted of, and your treasons and all your traitorous intentions aforesaid the sooner to execute, perform, fulfil, and perfect, you the said sir John Freind after wards, to wit, the same first day of July, in the seventh year abovesaid, at London aforesaid, in the parish and ward aforesaid, falsely, maliciously, advisedly, secretly, and traitorously, divers soldiers, and armed men, and ready to be armed, with force and arms, &c. to raise, and list, and war and rebellion against our said lord the king, within this kingdom of England to make and wage; and to and with the said enemies of our said lord the king, foreigners and strangers, subjects and soldiers of the sail Lewis the French king, being about to invade this kingdom of England, at and upon their invasion and entry into this same kingdom, then shortly expected to be made, themselves together with you the said sir John Freind to join and unite, and in troops and legions to form, did raise, list, and retain, and did procure to be raised, listed, and retained; and divers sums of money, in and about the raising, listing, and retaining of the aforesaid soldiers, and men armed, and ready to be armed upon the account aforesaid, upon the aforesaid first day of July, in the seventh year abovesaid, at London aforesaid, in the parish and ward aforesaid, falsly, maliciously, and traitorously, did give and pay, and cause to be paid; and those soldiers and men, for the treasons, intentions, and purposes aforesaid, then and there, and long after you had in readiness. As also the same first day of July, in the seventh year abovesaid, at London aforesaid, in the parish and ward aforesaid, divers horses, and very many arms, guns, carbines, pistols, swords, and other weapons, ammunition, and warlike things, and military instruments, falsely, maliciously, secretly, and traitorously you did obtain, buy, gather and procure, and cause to be bought, gathered, obtained and procured, and in your custody had and detained, to that intent to use the same in the said invasion, war and rebellion, against our said sovereign lord the king that now is, him our said lord the king of and from the regal state, crown and command of this kingdom of England to depose, cast down and deprive, and him to kill and murder, and all the treasons, intentions, contrivances and purposes of you the said sir John Freind, as aforesaid, to fulfil, perfect, and fully to bring to effect; against the duty of your allegiance, and against the peace of our said sovereign lord the king that now is, his crown and dignity; as also against the form of the statute in this case made and provided. What sayest thou, sir John Freind, art thou guilty of this high treason whereof thou standest indicted, or not guilty? Freind. Not guilty, my lord. Cl. of Arr. Culprit, how wilt thou be tried? Freind. By God and my country. Cl. of Arr. God send thee a good deliver lordship, and all the court, that I am not a lawyer; but I hope, as you are of counsel for the king as judges of law, so you will be of counsel for me; for I am not a lawyer, and cannot know whether any matter that arises be law or no; and therefore I humbly beseech your lordship to be so just and kind, as to tell me whether it be law or not law, and I submit myself to your lordship's direction. L. C. J. Sir John Freind, we are bound to tell you when any thing of that nature appears before us, and to let you have all the benefit of the law that possibly you can have; for we are obliged to be indifferent between the king and you. Freind. My lord, I don't question it. I desire also I may have pen, ink, and paper. L. C. J. Yes, yes, by all means. [And he had them.] Cl. of Arr. Crier, make proclamation. Crier. Oyez: You good men of the city of London, summoned to appear here this day, to try between our sovereign lord the king and the prisoner that is at the bar, who have been called, and made default, answer to your names, and save your issues. [Then the Defaulters were called over.] Cl. of Ar. You the prisoner at the bar, these men that you shall hear called, and personally appear, are to pass between our sovereign lord the king and you, upon trial of your life and death; if therefore you will challenge them, or any of them, your time is to speak unto them as they come to the book to be sworn, before they be sworn. and truly try, and true deliverance make be- Freind. I accept of him for a juryman, I have nothing to object against him. (He was sworn.) Cl. of Ar. Francis Byer. Freind. Pray let me see him (He was shewn to him). I do except against him, I challenge him. Cl. of Ar. Benjamin Dry. Freind. I accept him, I have nothing to say against him, I would have him to be a jury man. Demew. My lord, I am not a freeholder. L. C. J. Sir John, do you challenge him peremptorily, or do you challenge him for cause? Freind. My lord, I do not challenge him at all, I accept of him. Att. Gen. (Sir Thomas Trevor.) If he have no freehold, we that are for the king will except against him, for I would not have any body that is not a freeholder serve upon the jury. Crier. Call Thomas Clark. Freind. Pray, Sir, how many may I chal-I lenge? L. C. J. Look you, Sir John, you may challenge, that is, except against 35, without shewing any cause: if you don't like them to be of the jury, you may refuse them; and as many others as you have cause to except against. Freind. My lord, I humbly beseech you, that because perhaps I may mistake in numbering, that I may have timely notice before the 35 be excepted against, or else it may occasion me a great deal of prejudice. L. C. J. Sir, the clerk shall take care of that, he shall inform you how many you challenge, and you shall receive no prejudice of that kind, or by any slip in point of form. Cl. of Ar. Cryer, call Thomas Clark. (Who appeared.) Freind. Pray, Sir, must I not see the gentleman? L. C. J. Yes, yes, by all means. (He was shewn to him.) Freind. You may swear Mr. Clark; I do not except against him. I desire but honest gentlemen, and I shall come off, I warrant you: I am as innocent as the child unborn. L. C. J. Swear Mr. Clark. Cl. of Ar. Hold him the book; (which was done) look upon the prisoner: You shall well Cl. of Ar. Henry Hunter. Freind. Pray, my lord, is this gentlernan that was called before laid aside? He is not one that I challenge. L. C. J. No, no, he is challenged by the king's counsel, as no freeholder. Freind. Then he is only set aside, I suppose; speak it for this reason, I would not be mistaken in my number. L. C. J. Care shall be taken of all that; he is not to be reckoned as one that you challenged, he is challenged for want of freehold by the king's counsel. Cl. of Ar. What say you to Mr. Hunter? Freind. I accept of Mr. Hunter, let him be swore. (Which was done.) Cl. of Ar. John Cox. Cor. My lord, I have no freehold in London, Cl. of Ar. You challenge him, Sir, do you? Freind. I accept of him. (He was sworn.) Freind. I except against him, for I have him not in my pannel. L. C. J. How comes that? Freind. I can't tell, my lord; I have been kept alone while Saturday last, only that wor Cl. of Ar. Samuel Jackson. Freind. I accept of him. (He was sworn.) Cl. of Ar. George Child. Freind. I accept of him. (He was sworn.) Freind. I accept of him. (He was sworn.) Cl. of Ar. He is in the original pannel. Sheriff Buckingham. My lord, here is the Original Pannel, and here's his name here; and there is not a person in this pannel, but what was originally put in, except it be about five or six at the end, and this is none of them. Freind. I challenge him. Cl. of Ar. Thomas Hollis. (He did not appear.) L. C. J. Pray, Sir John, who had you that copy from? Who gave it you? Freind. Mr. Solicitor. Mr. Trotman. My lord, he had none from me, I am sure: I received the pannel from the sheriff, but nobody, from sir John, was ever with me for a copy. Freind. My lord, my solicitor brought it to me on Saturday night. L. C. J. Who is your solicitor that gave you that copy? Freind. His name is Mr. Burleigh, my lord. L. C. J. Where is he? Let's see this Mr. Burleigh. Freind. My lord, he is gone to the Crownoffice, it seems, for the Habeas Corpus. Just. Rokeby. It is your own solicitor that has put the abuse on you, if it be so. Cl. of Ar. Thomas Hollis. (He did not appear.) L. C. J. Pray, sir John Freind, how many bave you in all? Freind. In number, my lord? Would you have me tell you how many I have in number? L. C. J. Aye, in number in your copy of the pannel. Sheriff Buckingham. In the pannel there are above fourscore. Freind. I have seventy-one, my lord. [Then Thomas Hollis appeared ] Cl. of Ar. Do you challenge him, Sir? Sh. Buckingham. Pray let the Secondary produce his pannel that he had from my brother and me, and I am sure the court will find they were all named in that pannel. Mr. Trotman. My lord, I have the pannel, but they never came to me for a copy, as I expected: I had got one ready; it sir John Freind, or any person for him, had sent to me, they might have had it. Sh. Buckingham. And these people that are not in sir John Freind's pannel, are none of the half-dozen that were added, when we came to the knowledge of them that they were freeholders. L C. J. When were they added, Sir? Sh. Buck. They were added on Friday in the afternoon, and it seems he never came for the pannel to the proper officer; and those that he objects against were not added, but are in the original pannel. L. C. J. Truly, I cannot see any body is to blame in this matter but your own solicitor. Mr. Trotman. My lord, I assure you I had made a copy, and wondered I did not hear of them: I do not know where he got this copy. L. C. J. Treby. In truth, if you would not send to the proper officer for a copy, when you might have had it, you must be content with what you have; for nobody is bound to give you a copy, unless you ask for it. L. C. J. Well, what say you to Thomas Hollis ? Freind. I challenge him, my lord, for he is not in my pannel. Cl. of Ar. John Sherbrook. Freind. I accept of him. (He was sworn.) Freind. He is not in my pannel, upon my word, my lord. L. C. J. I cannot help it, he is in the sheriff's pannel that is returned here. Freind. I challenge him. Gardner. My lord, I am no freeholder in the city. Just. Rokeby. Mr. Gardner, have you not lately conveyed away your freehold ? Gardner. No, indeed, my lord, I never had any. Cl. of Ar. William Prince. Freind. I accept of him. (He was sworn.) Morewood. My name is Joseph. |