would stay within for him till he came : and he did accordingly.

Gentlemen, This is the sum and substance of the evidence that is given against sir Wm. Parkyns. Now you are to consider what sir William says for himself: he does admit, and agree, That what Porter says is very positive and full; but that is but the evidence of one witness; for, says he, by the law no person ought to be convicted of high-treason upon the testimony of one witness. As to the matter of law he is in the right: no mau ought to be convicted of treason upon the testimony of a single witness. Now, first suppose the design to assassinate the king had not been proved; consider then whether there be not two witnesses besides. Porter proves, that Charnock was sent into France, by sir William Parkyns, and others, upon that errand; to which, if you add the testimony of Sweet, that swears, that sir William Parkyns told him the king would come, and he had a troop, and had bought saddles; and what is said concerning his going into Leicestershire, and bis having a quantity of arms: if all which be understood in pursuance of the design against his present majesty, then there are at least two witnesses of several overt acts of the same treason.

For, gentlemen, I must tell you, though there had been no evidence of a design to assassinate the king, but the design and purpose had been to depose him, and set the late king upon the throne, or join with a force to invade the realm, that is high-treason within the sta tute of 25 Edw. 3, as being a designing the death and destruction of the king. There hath been a full proof by two witnesses, if what Sweet, and the other witnesses besides Porter say, to prove sir William Parkyns to be concerned in that design, which shall be considered further of by and bye.

But in the next place, suppose that the meetings at the King's-Head in Leadenhallstreet, and at Mountjoy's, had not been proved; but the design to assassinate the king is proved by one witness, and the providing men and arms to fight against him is proved by one other witness; this is a proof of the same treason: for though the overt acts be several, yet they both tend to the same end, the destruction of the king, though in a different manner; and though the law requires two witnesses to the same sort of treason, yet it does not require two witnesses to any one overt act. For if one witness prove one overt act at one time, and another witness prove another overt act at another time, these are two witnesses within the meaning of the law; and so it has been always practised, and never denied to be law that I

know of.

Besides, it is observable upon this point, which my brother has mentioned, that this new act of parliament, which does not yet take effect, provides, that there shall be either two witnesses to one overt act, or one witness to one, and another to another of the same species of treason; and you have had the opinion of

all of us now that are here, that these are overt acts of one and the same species of treason.

But then sir William Parkyns objects, That Sweet does not prove any overt act. Now for that, you are to consider the force of Sweet's evidence, who tells you the discourse of sir William Parkyns, about Christmas last, of the king's coming, of his saddles, and of his troop consisting of old soldiers, and volunteers that were old officers. But says sir Wm. Parkyns, this is only words, and words are not treason. But then consider, that they are words that relate to acts and things. You hear he had a great quantity of arms, beyond what he, as a private man, could have occasion for, or would use. He does not give you any account what he was to do with those arms, or to what purpose he should keep them, nor why he caused them to be removed in the night, after they had lain privately in Haywood's house, and caused them to be carried back to his own house, and buried them in the ground, and at such a time when there was a plot, and after the plot was discovered, and a proclamation out for his own apprehension.

Sir William Parkyns's discourse with Sweet, of king James's coming, and his troop con sisting of such men, plainly shews what those arms were for. For, gentlemen, men's dis courses and their words explain their actions; and an indifferent action in itself may be so explained by words, that it will be unlawful It is lawful for a man to buy a pistol; but if it can be plainly proved from his words or his speeches, that the design of buying it was to use it against the person or life of the king, that will be an overt act. Now, when sir Wm. Parkyns said, The late king would come, and that he had a troop which consisted of such soldiers; then these arms being found in that manner, I must leave to your consideration whether it is not a proof, for what purpose he did provide them, and to what use he intended to put them; especially since he gives you ne account, what use or occasion he had for them. He says, indeed, he found them in the house two years ago; how probable that is, you may consider.

Then there is another thing, his going into Leicestershire with Scudamore, and his meeting there with Yarborough and other people in that private and hasty manner. He went out on the Thursday, and came home again upon Monday night; and then he meets with Sweet, and tells him that all was well; and the West was as well inclined to the king's interest as the North. What king must he mean? He had no commission from king William to go inte Leicestershire to discourse with people, to see how they stood affected to his interest. Sweet comes and tells you, that when sir William Parkyns spoke of the king, he understood he meant king James. I must leave it to your consideration, how you will interpret these words.

It is true, gentlemen, it is not fit there should be any strained or forced construction put upon

a man's words or actions, when he is tried for his life. You ought to have a full and satisfactory evidence to convince you, that he is guilty, before you pronounce him so; but, however, you are to consider the nature of things, and the circumstances that attend them. If you can suppose that he went into Leicestershire to king William's friends, and that he was of opinion, the West was as well affected to king William as the North; then you make a different construction from Sweet, who tells you, that always when he spake of the king, be understood it of king James; and at Christmas, when he spoke of the king's coming, it must be meant king James; for king William was here before, and he pretends not he had any authority to raise a troop for king William. So that, gentlemen, I must leave it to you upon the whole matter; if you are satisfied, that sir William Parkyns is guilty of the matters of which he stands charged, you will find him guilty; you have heard the evidence, and will consider of it; and if, upon the whole, you are not satisfied that he is guilty of the matters charged in this indictment, then you are to acquit him.

Then an officer being sworn to keep the Jury according to custom, they withdrew to consider of their verdict, and in less than half an hour returned into court.

Cl. of Ar. Gentlemen of the Jury, answer to
William Northey-

your names.

Mr. Northey. Here. (And so of the rest.) Cl. of Ar. Gentlemen, are you all agreed on your verdict?-Jury. Yes.

Cl. of Ar. Who shall say for you?
Jury. Our foreman.

(To which the Court gave no answer.) Freind. My lord, will your lordship give me leave to read it?

L. C. J. Ay, if you will.

Freind. (Reads.) My lord, I humbly move in arrest of judgment, that I am not convicted of treason by two witnesses, as I ought to have been within the statute of the 25th of Edw. 3: for Mr. Porter swears, That I, with others, in May or June last, sent to the French king to invade England; he is the only witness to that matter. Mr. Blair swears, That I shewed him a commission in Surrey-street, about two years since, signed by king James, and countersigned Melford, to be a colonel of horse, and that I gave him some monies for the cherishing of the men. My lord, here is no levying of war sworn by Mr. Blair; and conspiring to levy war not being treason, I am convicted by one witness, and therefore I pray counsel may be assigned me, to plead this matter.

L. C. J. Sir John Freind, that which you move now is not in arrest of judgment; it is matter that does arise upon the evidence, and what you now say, arraigns the verdict, and the proceedings upon your trial. There were two witnesses against you, that is plain. You were not indicted for levying war, but for compassing and imagining the death of the king; and we told you the design of the invasion, and conspiring to depose the present king, and restore the late king, was an overt act of that high treason. The commission was not so much stood upon, but the advancing monies upon this account, to Blair your lieutenant colonel, to give to the men, that was a plain overt act, and so there were certainly two witnesses against you.

Cl. of Ar. What goods or chattels, lands or tenements, bad he at the time of the hightreason committed, or at any time since?

Foreman. None to our knowledge. L. C. J. Jailor, look to him, he is found guilty of high treason.

Cl. of Ar. Then hearken to your verdict as the court has recorded it. You say that sir William Parkyns is guilty of the high-treason whereof he stands indicted, but that he had no goods or chattels, lands or tenements, at the time of the high-treason committed, or at any fime since, to your knowledge, and so you say all?-Jury. Yes.

Cl. of Ar. Gentlemen, the court discharges you, and thanks you for your service.

While the Jury was withdrawn to consider of the verdict, sir John Freind was brought from Newgate to the bar, in order to his being called to Judgment, and after the verdict, he

addressed himself to the court thus:

Freind. My lord, I humbly beseech your lordship to give me leave to read this Paper.

man.

L. C. J. But you remember, it was sworn you knew of it, and we have told you, that the design of restoring the late king by force, and deposing the king, are overt acts of imagining his death, if such an intention be proved, as it was in your case, and the jury have found it so.

Freind. My lord, I humbly beseech you, because I do not understand matter of law, and am advised to move this in arrest of judgment; I desire my counsel may be heard to it.

L. C. J. We cannot hear counsel, but upon a matter that arises upon the record itself, that is, the indictment. We cannot enter into any examination of this matter that you now speak of, you bad a long trial yesterday.

Freind. My lord, I am sorry to give your lordship any occasion of trouble; but I humheard by my counsel, for the satisfaction of bly beseech you, if it may be, that I may be the world; pray, my lord, hear what they can

say.

L. C. J. They cannot say any thing; no counsel in the world that understand them.

selves, can argue any thing against what has been so often settled and always practised. Freind. My lord, if it be to be granted, I beseech your lordship to grant it.

L. C. J. It cannot be granted; besides, the matter you now move upon is improper; it was all considered upon your trial. It was told you, we did all agree, that a conspiracy to levy war to depose the king is treason, or to invade the realm is treason. All this was considered at your trial, and that is now over.

Parkyns. My lord, if your lordship pleases, I desire I may have the liberty of some friends

and relations, and a minister to come to me. L. C. J. Yes, yes, by all means. Parkyns. If your lordship pleases, that they may come and be private with me, and pray let me have a rule of court for it, otherwise I shall not have any benefit of it.

L. C. J. Yes, yes, it is very fit you should have it; there shall be an order of court for it: see that the keeper take care it be done with safety.

Freind. My lord, I desire the same liberty of a minister, and my relations and friends to come to me; that for what time I have to live, I may make the best use I can of it for my soul, which I hope God will enable me to do. The Court was adjourned until five o'clock on the afternoon, and about six the justices returned, and the court was resumed.

Ct. of Ar. Set sir John Freind to the bar (which was done.) Sir John Freind, hold up thy haud, (which he did.) Thou standest con victed of high-treason, for traitorously compassing and imagining the death of our sovereign lord king William the 3rd.

What canst thou say for thyself, why the court should not give thee judgment according to the law? Then being made to kneel, he afterwards stood up.

Freind. I have said already, what I have to say in arrest of judgment.

Com. Serj. Sir, you have heard the judg ment of the court, as to what you have said; if you have nothing else to offer, the court must proceed to judgment.

Cl. of Ar. for Middlesex. Sir William Parkyns, hold up thy band, (which he did). Thou standest convicted of high-treason in compassing and imagining the death of the king, and adhering to the king's enemies. What canst thou say for thyself, why the court should not give thee judgment to die, according to the

law?

He was made to kneel, and rise up again. Parkyns. I have nothing more to offer. Cl. of Ar. Then, cryer, make proclamation. Cryer. O yes; all manner of persons are commanded to keep silence, while judgment is in giving, upon pain of imprisonment.

Which Proclamation was made on both sides the court; and then Mr. Common Ser

jeant sitting with the rest of the court upon the bench, pronounced the sentence.

solation upon

Com. Serj. You the prisoners at the bar, sir John Freind and sir William Parkyns, you have been indicted for high-treason, in compassing the death and destruction of the king: for your trial, you have put yourselves upon the country, which country has found you guilty. The offence is the greatest in the judgment of the law that a man can commit; For roband it is justly and reasonably so. bery and murder are injuries to private persons, but compassing the death of the king, is com passing the destruction of the father of your country, and letting in rapine, death, and dethousands of people. And even this, the heinousest of offences, is capable of aggravation; for there have been always excuses, and sometimes justifications for rebellion: and as to murder and private revenge, there may be somewhat said in mitigation from the violence of men's passions. But to sit, struction of a prince; no man yet ever had the and conspire, and consult, and debate the deconfidence to make an excuse for it. I would not add to your affliction; I am sensible of the severe judgment that is to follow, and which you have brought upon yourselves, and cannot but pity you for the great burden of guilt that you have laid yourselves under. I only say this to offer it to your serious consideration, in the world, and another judgment. All that remains few moments you have to prepare for another for me, is to pronounce the judgment of the law in these cases, and the court does award it.

That you, and each of you, go back to the place from whence you came, and from thence be drawn on a hurdle to the place of execution, where you shall be severally hanged up by the neck, and cut down alive; your bodies shall be ripped open, your privy-members cut off, your bowels taken out and burnt before your faces; your heads shall be severed from your bodies, your bodies respectively to be divided into four quarters, and your heads and quarters are to be at the disposal of the king: and the Lord have mercy upon your souls.' Then the prisoners were carried back to Newgate.

On Friday, April 3, 1696, sir John Freind and sir William Parkyns were drawn on sledges from Newgate to Tyburn, where they delivered the following Papers to the Sheriffs:

SIR JOHN FREIND'S PAPER.

Knowing that I must immediately give an account to God of all my actions, and that I ought to be specially careful of what I say in these last hours, 1 do solemnly profess, that what I here deliver is from my very soul, with all the heartiness and sincerity of a dying Christian.

The cause I am brought hither to suffer for,

I do firmly believe to be the cause of God and true religion, and, to the best and utmost of my knowledge and information, agreeable to the laws of the land, which I have evermore heard do require a firm duty and allegiance to our sovereign; and that as no foreign, so nei ther any domestic power can alienate our allegiance. For it is altogether new and unintelligible to me, that the king's subjects can depose and dethrone him on any account, or constitute any that have not an immediate right in his place. We ought, I think, not to do this; and surely, when it is done, to assist him in the recovery of his right, is justifiable, and our duty. And however things may seem at present, I do believe, I am sure I heartily pray, that he shall be one day restored to his rightful throne and dominions.

As for any sudden descent of his majesty upon these his dominions, in order to the recovery of them, I declare I had no certain knowledge of it; nor can I tell what grounds there was to believe it, so little reason had I to be in a present preparation for it. I suppose it is not expected I should here endeavour to clear myself of the Assassination, which was not the thing alleged against me; however, it was mentioned, through what means I know not. As it was insinuated to my disadvantage, I forgive such as were therein instrumental; and I do also, from the very bottom of my soul, freely forgive, and beg of God to do so too, such as were any ways accessary towards the taking away my life, which I really look upon to be their misfortune more than mine.

I profess myself, and I thank God I am so, a member of the Church of England, though, God knows, a most unworthy and unprofitable part of it; of that church which suffers so much at present for a strict adherence to loyalty, the laws and Christian principles; for this I suffer, and for this I die.

Though I have a perfect charity for people of all professions, and do heartily wish well, and would endeavour to do so to all my fellowsubjects, of what persuasion soever. And indeed I have met with a great deal of uprightBess and sincerity among some people of very different opinions in religious matters.

And I hope and desire it may not be taken as an uncharitable censure, or undue reflection, that I objected to the legality of popish evi dence, being advised so to do for my better security, upon the foundation of a statute-law.

Having owned myself a member of the Church of England, I must take this opportunity, and I do it for God's glory, to apply myself to you that are royalists of that church, and of the same faith and principles with my self: and I beg of you, for God's sake, and the love of your souls, to be very constant and serious in all religious offices, and holy duties, of divine worship and service, which I have too mach neglected, as I own to my great sorrow: let no excuse, no dangers, prevent or hinder you in the most necessary and serious matters; and be, I beseech you, very careful and cir

cumspect in all your actions, behaviour, and conversation, as I earnestly exhorted all that came to me.

I have, I thank God, a great deal of satisfaction in my present sufferings, and have found it so ever since I have been under them: And blessed be God it doth continually increase upon me. And I do now lay down my life with all cheerfulness and resignation, in sure and certain hope of a resurrection to eternal life, through our Lord Jesus Christ, through whose merits alone I hope for the pardon of my sins, and the salvation of my soul.

And so, O Lord! into thy hands I commend my spirit; for thou hast redeemed me, O Lord! thou God of truth!

And I do heartily and humbly beseech the Almighty God, and my most gracious Father, to forgive and bless this sinful nation; deliver it from the guilt of rebellion, blood, and perjury, that is now on all sides more than ever, and from all those other heinous sins which cry aloud. Preserve and bless this Church. Comfort our distressed king; restore him to his right, and his mis-led subjects to their allegiance: bless also his royal consort, our gracious queen Mary; his royal highness the prince of Wales, that he may grow in stature, and in favour with God and man; support and strengthen all those that suffer in any kind for a good cause; give them patienee under all their afflictions, and a happy deliverance out of them. Forgive all nine enemies.

Pardon my former neglect and remissness in religious worship, and holy duties, and all the sins I have been gailty of to this very moment. Consider any contrition, accept my tears; and now thou art pleased to take me hence, take me into thy favour, and grant that my soul may be without spot presented unto thee, through the merits of thy most dearly beloved Son, Jesus Christ our Lord. Amen. JOHN FREIND.

SIR WILLIAM PARKYNS'S Paper.

It hath not been my custora to use many words, and I shall not be long upon this occasion, having business of much greater consequence to employ my thoughts upon. I thank God I am now in a full disposition to charity, and therefore shall make no complaints, either of the hardships of my trial, or any other rigours put upon me. However, one circumstance I think myself obliged to mention, It was sworn against me by Mr. Porter, that I had owned to him that I had seen and read a commission from the king to levy war upon the person of the prince of Orange. Now, I must declare, that the tenour of the king's commission, which I saw, was general, and directed to all his loving subjects, to raise and levy war against the prince of Orange, and his adherents; and to seize all forts, castles, &c. which, I suppose, may be a customary form of giving authority to make war; but I must confess I am not much acquainted with matters of that nature: but as for any commission par