The curate of Hackney, who officiated as chaplain in the prisoner's house, declared upon oath, that after the revolution he used to pray for king William, and that he had often heard sir John Friend say that though he could not comply with the present government, he would live peaceably under it, and never engage in any conspiracy.

Mr.Hoadley, father of the present bishop of Winchester, added, that the prisoner was a good protestant, and frequently expressed his detestation of king-killing principles.
Friend himself owned he had been with some of the conspirators at a meeting in Leadenhall-street, but heard nothing of raising men, or any design against the government.

He likewise affirmed that a consultation to levy war was not treason; and that his being at a treasonable consult could amount to no more than a misprison of treason.

Lord chief justice Holt declared, that although a bare conspiracy, or design to levy war, was not treason within the statute of Edward III., yet if the design or conspiracy be to kill, or depose, or imprison the king, by the means of levying war, then the consultation and conspiracy to levy war becomes high treason though no war be actually levied.

The same inference might have been drawn against the authors and instruments of the revolution.
The judge's explanation influenced the jury, who, after some deliberation, found the prisoner guilty.