There were preparations two years ago it appears for the Destruction of the King and Kingdom how ever the Men that were accused of it had the luck to escape and be acquitted Parkyns My Lord I hope I shall not be interpreted out of my life I desire the Statute may be read Mr. J. Rokeby What Statute do you mean Parkyns The 25 of Edw. 3. and the new Statute too let them both be read to the Jury that they may consider of it The Statute of the 25th of Edw. 3. was read Parkyns There is nothing of 2 Witnesses there L. C. J. Holt. No but there is another Satute of the 5th Edw. 6. Cap. 11. that may be more for your advantage will you have that read Parkins Yes if you please I know there is another Statute that does direct it and I expected to have found it in this Statute Cl. of Arr. This is an Act made in the 5th and 6th years of King Edw. 6th The Statute was read to these words Unless without Trial he shall confess the same Parkyns There 's enough L C. J. Holt. You have heard the Statute read would you infer any thing from it Parkyns I infer that there ought to be two Witnesses and here is but one L. C. J. Holt. There are two Witnesses Parkyns Not direct to the same thing L. C. J. Holt. I shall leave it to the Jury whether this Evidence does not prove an Overt-Act to demonstrate a Design against the King if the Design be to depose him and that 's manifested by two Overt-Acts and undoubtedly that is Treason within the Statute of 25. of Edw. 3. Park That I agree but yet there must be two Witnesses of it L. C. J. Holt. Suppose dethroning the King be the main design that strikes at his Life and you resolve it shall be done one way or other One way by Assassination the other by Insurrection or by Invasion and joyning with a Foreign Army Park My Lord I conceive there ought to be two Witnesses for each L. C. J. Holt. No no for that very last Act that is to take effect in a few days declares it is sufficient if there be one to one Overt Act and another to another but still it must be of the same head or species of Treason and deposing the King and assassinating of him and preparing to raise an Army against him or to excite an Invasion are but one sort of Treason Park It may be so if they were Overt Acts of one sort of Treason but rising in Arms and Assassination are as different things as can be in the world and therefore there ought to be two Witnesses to each of them Mr. J. Rookby That which I delivered as my opinion was that one Witness proving one Overt Act and another Witness proving another Overt Act of the same sort of Treason are two good Witnesses according as the Law requires And I am the more fully confirmed in it by the Clause that is in this new Act of Parliament made for Tryals in Cases of Treason that a man shall not be convicted of Treason but by and upon the Oaths and Testimony of two lawful Witnesses either both of them to the same Overt Act or one of them to one and the other of them to another Overt Act of the same Treason Parkyns Of the same Treason aye Mr. J. Rookby And here it is the imagining the Death of the King that is the Treason Parkyns Then you may say every thing else is so but if you please to let the whole Statute be read L. C. J. Holt. You shall have it read if you will but this is all that is in it concerning this matter Now a design to depose the King which manifested by some Overt Act is an Overt Act to prove the design of the Death of the King Parkyns Then it must be manifest and not by Interpretation and all these things are by Interpretation except it be what Porter swears L. C. J. Holt. If by Overt Act it be proved that you designed his Deposition that is an Overt Act to prove your design of his Death Parkyns They are very different things Death and Depositions We have seen a King deposed and yet he is alive L. C. J. Treby I am sure we have seen a King agreed to be assassinated and yet God be thanked he is alive still L. C. J. Holt. It is not the succeeding in the Design but the Design it self that is the Treason God forbid that it should have Success to make it Treason L. C. J. Treby But whenever people will agree together to bring in Foreign Forces or to prepare Men and Arms against the King that is in Possession this is reckoned an Overt Act of a Design against his Life and has always been reckoned so by my Lord Chief Justice Hales my Lord Chief Justice Coke and by all those Men that have been reputed the most tender in Cases of this nature For any Act that expresses an intent of dethroning the King by means of an Invasion by a Foreign Force and an Insurrection against the King is a proper proof of a Design of his Destruction and if not then agreeing to shoot him is not an Overt Act. Men may say also but there need be actual Shooting to make out the Overt Act in that case Parkyns If your Lordship pleases to have the Act read I shall submit to your Lordships Judgment L. C. J. Holt. Let it be read Parkyns If you please to read the Act the Preamble of it Cl. of Arr. This is an Act made in the 7th Year of our Soveraign Lord the King Is that the Act It is an Act for Regulating of Tryals in Cases of Treason and misprision of Treason Is that the Act Parkyns Yes yes The Act was Read Mr. J. Rokeby I believe if you look into the great Case in Parliament the Case of my Lord Stafford you 'll find it was declared for Law that one Witness to one Overt Act and another Witness to another Overt Act of the same Treason they were two Witnesses within the Law and this was a solemn resolution in Parliament in the House of Lords Parkins I believe it has been done but here is a beneficial Law made which if my Tryal had been put off a few days I should have had the benefit of L. C. J. H. It would have been the same thing as to this matter for this Act declares the very same thing as to the two Witnesses Parkins And then my Lord I could have had Witnesses to have taken off a great part of this Evidence and the Law comes to take effect within one day and it turns here upon this matter of Sweet who is not a good Evidence for it is manifest he has contradicted himself and it is manifest he has sworn what cannot be true L. C. J. H. Wherein Parkins That I should say the King would Land here for I had his word for it Mr. J.
he would name me any Counsel that he would have come to him he should have an Order next Morning for them L. C. J. Holt. You were told it seems on Wednesday that you might have what Counsel you would Mr. Baker And he had an Order upon Thursday Morning for his Counsel Parkyns I could not have it without Application to the Court at White Hall and could have no body come to me till Thursday and it was Fryday before I could get my Counsel to me L. C. J. Holt. You might have sent for your Witnesses on Thursday and imploy'd some body about that Matter then Parkyns The Solicitor that I employ'd was imployed otherways and I could not employ any body else L. C. J. Holt. Yes you might have employed any other about that Business Parkyns I had no body to send I was kept close and no body permitted to come to me L. C. J. Holt. Your Solicitor you desir'd had Leave to come to you Mr. Baker You know that those you sent for you had an Order for Parkyns I cou'd not get him till Thursday to me I had no Messengers to send till then Mr. Baker I gave the Keeper Direction to let him have Persons come to him to send on any Errand L. C. J. Holt. The Keeper had Orders it seems to let any Messenger come to you and he would have help'd you to some body to send of this Errand to be sure Keeper I always did it as soon as I know they have Notice of their Tryal Parkyns But the Keeper is not always in the Way and besides when I had Notice given me of my Tryal it was Execution Day and he was not at home that Day L. C. J. Holt. He names no Witnesses only he says he has divers Witnesses neither is there any Oath made of any Witnesses Pray how long is it since you were Committed Parkyns I was Committed this Day Fortnight L. C. J. Holt. Your Commitment charg'd you with High Treason and therefore you knew what you stood accus'd of were you not committed for High Treason Parkyns Yes my Lord I believe I was Mr. Sol. Gen. My Lord he had a very fair Time to prepare for his Defence for he saw his Name in the Proclamation a good while before he was taken and there it is declar'd what he stands charg'd with L. C. J. Holt. You might have had a Copy of your Commitment you had a Right to have it and thereby you might have seen what you were accused of Keeper We never do deny it if it be demanded L. C. J. Holt. You cannot deny it you know what Penalty you are under if you do Parkyns No body was permitted to come to me L. C. J. Holt. You might have ask'd for a Copy or any body else for you had Notice of your Tryal so long ago as Wednesday last Mr. Baker I gave him Notice of his Tryal on Wednesday and then told him he must prepare for it against this Day he said he would endeavour to Petition for a longer Time I told him it would be in Vain for he must prepare for his Tryal to Day and could have no longer Time L. C. J. Holt. Sir William truly we do not see any Reason to put off the Tryal upon these Suggestions Parkyns My Lord it is very hard then I humbly beg I may have the Favour that I may have Counsel allow'd me I have no skill in Indictments L. C. J. Holt. We cannont allow Counsel Parkyns My Lord if I have no Counsel I do not understand these Matters nor what Advantage may be Proper for me to take in these Cases L. J. Holt. You are not ignorant Sir William that Counsel has been always refused when desired in such Cases Parkyns My Lord there is a new Act of Parliament that is lately made which allows Counsel L. C. J. Holt. But that does not commence yet Sir William Parkyns My Lord it wants but one Day L. C. J. Holt. That is as much as if it were a much longer time for we are to proceed according to what the Law is and not what it will be Parkyns But it is declarative of the Common Law because it says it was always just and reasonable L. C. J. Holt. We cannot alter the Law till Law-makers do it Parkyns Will your Lordship be pleased to let it be read L. C. J. Holt. Aye if you have a Mind to it it shall be read Parkyns Yes if your Lordship pleases L. C. J. Holt. Read it Cl. of Ar. Reads An Act for Regulating of Tryals in Cases of Treason and Misprision of Treason All the first Paragraph of the New Act was read L. C. J. Holt. Look ye Sir William Parkyns this Law has not taken any Effect as yet but the Law stands as it did before the making of this Act. Parkyns But My Lord the Law says it's just and reasonable that it should be so L. C. J. Holt. We go according to the Law as we find it is Parkyns And My Lord what is just and reasonable to Morrow sure is just and reasonable to Day and your Lordship may indulge me in this Case especially when you see how streight Notice I have had and what a little time has been allowed me that I am not able to make my defence L C. J Holt. We cannot make a Law we must go according to the Law that must be our Rule and Direction Parkyns Yes my Lord but what is just and reasonable sure is Law the Law is grounded upon Reason L. C. J. Holt. The Parliament has thought fit to make such a Law which is to commence from the 25th of this Month It is not a Law till the time comes that the Parliament hath appointed for its being a Law Parkyns But my Lord if my Notice had been a convenient Notice I had been within the time limited by the Act of Parliament and no one can want the Advantage of that Act from henceforward nor suffer for such want but my self which is a particular Hardship upon me L. C. J. Holt. We cannot alter the Law we are bound by our Oaths to proceed according to the Law as it is at present Parkyns Pray my Lord let the Tryal be put off till another Day then L. C. J. Holt. You shew no reason for it you name no Witnesses that you want nor have we any Oath as we ought to have in such a Case Parkyns I will do both if your Lordship will oblige me to it L. C. J. Holt. There ought to be an Oath certainly but we think you have had fair and convenient Notice For you have had as much Notice as Sir John Friend had who was tryed Yesterday Parkyns As I am informed he was charged with single Facts about the Town but I am charged with many particular Things more than he was L. C. J. Holt. The Act of Parliament says nothing of Notice of Tryal that still continues as it was before and you have
guilty upon slight Grounds and Imaginations of which little or nothing can be made L. C. J. Holt. No question of it it will please the King and every body else that you should be found Innocent Parkyns .. Then I hope my Lord you will not strain the Law to take away my Life according to the Rule That it is better five guilty Men should escape than one innocent Man suffer For the Blood of a Man may lie upon every body if it be causelesly shed and it is very severe to strain the Law to take away any Man's Life L. C. J. Holt. Look ye Sir William Parkyns I must tell you You may be under a very great mistake you may think it necessary to have two Witnesses to every Overt Act but that is not so for if there be one Witness to one Overt Act and another Witness to another Overt Act of the same Species of Treason that is all that the Law requires Parkyns Here are two Species of Treason Leying War is one Specie and Assassination is another L. C. J. Holt. Your Design was Originally the Restoring of King James and in order to that the Dethroning of King William Parkyns That appears but by one Witness which is not according to Law which requires two L. C. J. Holt. One way of effecting your Design was by Assassination the other by Invasion or by Force Parkyns Still my Lord here is the same Witness and that is but one L. C. J. Holt. Yes there are two Parkyns None but Capt. Porter L. C. J. Holt. What not as to the Restoring of King James which tends to the Dethroning King William Parkyns In what Particulars my Lord L. C. J. Holt. Your providing Arms and going to Leicester-shire and sending Charnock on that Errand into France As to the Assassination indeed there is but one positive Witness besides other Circumstances which have their weight but as to the other you said the King would come Parkyns It was my Opinion that 's all L. C. J. Holt. But you said you had his word for it Parkyns Does not that Answer it self my Lord is it possible it should be true that I who was in England should have the word of one that is at such a distance beyond Sea L. C. J. Holt. And then your buying of Saddles for what purpose were they Parkyns My Lord does he say it was in order to it I am sure he does not and I hope I shall not be presum'd out of my Life L. C. J. Holt. When you talkt of the King 's Landing and said you had his word for it you likewise said your Troop was made up of old Soldiers besides Voluntiers that had been Officers Parkyns Still there is nothing done he does not say there was one Man raised L. C. J. Holt. And your going into Leicestershire upon such an Errand as you told him you went upon Parkyns Well my Lord I must leave it to your Lordship I hope you will consider well of it L. C. J. Holt. We must do that which is right between the King and his Subjects Parkyns And I hope my Lord the Conversion of Subjects is more acceptable than the Destruction of them and the Governement is more concern'd to save the Innocent than to stretch the Law to punish Guilty L. C. J. Holt. It will be more acceptable and indeed the King and Kingdom are very much concerned in this matter and at this time Sir William and the Government ought to take care to preserve it self Have you any more to say Sir if you have pray speak it Parkyns I have no more I submit it to your Lordship I think there is but one Witness and all the other is but Conjecture and Nonsence and one Witness is not sufficient by the Law of England for by the Statute there must be two L. C. J. Holt. I have told you my Opinon Parkyns Besides your Lordship has knowm me this many Years and you know that my Education was not to War and Fighting but the Gown and your Lordship knows how peaceably I have lived L. C. J. Holt. I have known you heretofore Sir William while you kept your Profession and your Gown Parkyns And now in my old Age my Lord I am grown Lame and lost the use of my Hands with the Gout and scarce able almost to go on my Feet Therefore it cannot in reason be thought probable that I should engage in such a business as this and therefore I hope you will interpret all things in a milder Sence in favour of Life rather than for the destruction of it and the ruine of a Man's Fortune and Family L. C. J. Holt. I tell you You have had my Opinion cocerning the number of Witnesses I suppose my Lord and Borther will declare theirs L. C. J. Treby My Lord Chief Justice it seems does please to have us deliver our Opinions I think we ought to be very tender in a Case of Blood I think the life of Sir William Parkyns is at stake and we ought to be carefull that he have no wrong done him but I think in the Cases of Treason especially of this nature the life of the King and the lives of all the innocent People of the Kingdom are also at stake and we must be indifferent in this case and by the Grace of God we will be so The Question that Sir W. Parkyns proposes is Whether there are two Witnesses upon this Evidence to this matter of which he is indicted which is the Compassing and Imagining the King's Death One Witness at least does positively prove that you Sir William Parkyns did agree to the Design of assassinating the King's person and promise to provide and contribute Horses and Arms to that purpose Now suppose this is proved but by one Witness and the Evidence had gone no further then your Objection would have had a very good ground that this could not be a legal Proof of Treason but I must tell you that this Treason of Compassing and Imagining the King's Death may be made evident by other Overt-Acts besides that of Assassination To conspire with a foreign Prince to invade the Realm to provide Arms to joyn with Invaders and to make an Insurrection against the King these are Overt-Acts of Imagining the King's Death For it cannot be supposed but that he that would have an Invasion and an Insurrection against the King's Person does intend the Destruction of the King he that would take away all his Defence which he might have by the Assistance of his Subjects and leave him exposed to his mortal Enemies cannot but be presumed to design the King's Ruin and Murder Therefore Sir William such things being in their Nature a Compassing and Imagining the King's Death your providing Arms and a Troop are Evidences and Overt-Acts of this Treason and so will your going up and down and meeting People in order to rise if that were your business in Leicestershire c. as it seems
Rokeby You might have his word and not delivered by his own mouth there are other ways to convey a mans word besides speaking Parkins But then we don't call it his word that 's hearsay Mr. J. Rokeby If a man write his Note that he will do such a thing we may very well say we have his word for it L. C. J. H. It is not impossible but that you might speak with him Parkyns It is impossible I should speak from hence to France L. C. J. H. You might have been over with him I believe a great many others have and it 's proved Mr. Charnock went over Mr. J. Rokeby If any man should have said at the latter end of the last month I believe that there was an Assassination intended against the King because I have his word for it meerly from reading his Speech to the Parliament wherein he affirms that he had several proofs of it that had been a proper expression tho he did not hear the King speak it Parkins Yes if he had the Speech to produce Mr. J Rokeby Then if it come by Letter or Message or by Common fame he might send you word by a particular Messenger Parkyns Yes if there was any such authority as that it were true But he has manifestly contradicted himself and Captain Porter swears for his own life and I must leave it to you whether they are to be believed Mr. J. Rokeby Captain Porter's testimony has been sufficiently confirmed by the acknowledgement of dying Persons L. C. J. H. Well have you any more to say Sir Wm. Parkins Parkins No my Lord I submit it to your Lordships direction L. C. J. H. Then what say you to it Mr. Att. or Mr. Sollicitor Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Council for the King in this matter and it is my turn to summ up the Evidence against the Prisoner at the Bar. He stands Indicted for compassing the Death of the King for designing to depose the King for promoting a foreign Invasion for intending an Insurrection here at home and for aiding and abetting the Kings Enemies and for doing what he could to procure the subjection of his own Country to Foreigners and Strangers Gentlemen some of these Crimes run into one another designing the Death of the King by Assassination and designing to depose the King amount to one and the same thing with Compassing and Imagining the Death of the King My Lords the Judges have given you their opinion in that point of Law and I think it is agreeable to all the resolutions that have been since the making of the Statute of 25 of Ed. 3d. I think that it has been explained so in the time of Richard the Second but this I am sure of that it was so resolved in the time of Harry the Fourth when there was a design to set up Richard the Second again and it was adjudged to be High Treason in Compassing and Imagining the Death of the King For deposing the King is destroying him in his politick Capacity as much as Assassination and Murdering of him is destroying him in his natural Capacity and the Conspirators in such Cases know what the great end is they aim at to subvert the Government as it is established by Law whereby every man enjoys his own property and the freedom of his person and those that will be quiet may have their liberty and property preserved intire to them but some people are so very impatient of submitting to the Law that they cannot be content to be in servitude themselves but they must needs do all they can to bring it upon their fellow Subjects And it were very well if that those who are in love with slavery would but go to some other places where they may have enough of it and not bring it upon those who are so little desirous of such a thing as we are and I hope shall always be Gentlemen to prove Sir Wm. Parkins guilty of this Treason whereof he stands indicted we have produced several Witnesses and first there is Mr. Porter and he tells you Sir Wm. Parkins told him he had seen a Commission from King James written with his own hand for making War against the person of King William Parkins Sir I beg your pardon for intetrupting you but there was not one word of that said here is Mr. Porter pray ask him if ever I saw a Commission from King James L. C. J. H. Porter did say so if I remember any thing Porter said you told him you had read the Commission and it was written with his own hand Parkins All that I heard of it was that when I was desired to make one in the Assassination I refused it because I said I was busy about the matter of my Regiment Mr. Att. Gen. Pray call Porter again Capt. Porter came in Mr. Soll. Gen. Pray Captain Porter will you give the Court and the Jury an account what you heard Sir Wm. Parkins say about the Commission that came from King James Cap. Porter I askt Mr. Charnock why I might not see the Commission and he told me he had never seen it himself but Sir Wm. Parkins had I did ask Sir Wm. Parkins whether he had seen it and he told me he did see it and read it and it was to raise War against the Person of the Prince of Orange Mr. Att. Gen. Whose hand was in it did he say Capt. Porter It was all written with King James's own hand Parkins This was my mistake I thought he had said I told him I had a Commission for a Regiment Mr. Mountague Did he give any reason why it was written with King James's own hand Cap. Porter We used to say amongst our selves it was because he would not trust any of his Ministers with it Mr. Soll. Gen. I would not do Sir Wm. Parkins any wrong but only summ up what is material in the Evidence given against him I remember very well Mr. Porter said Mr. Charnock told him Sir Wm. Parkins had seen the Commission but I would not offer that as Evidence against the Prisoner what another told him but he says besides that Sir Wm. Parkins told him himself that he had seen it and that it was written with King James's own hand He says that they had several Meetings together Sir William Parkyns and a great many others and he names the places the Naggs Head in Covent Garden the Sun Tavern in the Strand and the Globe Tavern in Hatton Garden he tells you particularly that it was agreed that King who was executed and Knightly and himself should go and view a place that should be proper for the Assassination and to give a Report to the Prisoner and the rest of the Conspirators what they thought the most proper place and that accordingly they did view the place and came home at night and met the Company whereof Sir Wm. Parkyns was one and they
met with Sir William Parkyns in Town and ask'd him how he would dispose of those Goods Thereupon Sir William Parkyns sent his Servant into the Country and notice was given on Ash-Wednesday the Wednesday after the first Proclamation that issued upon the Discovery of this Conspiracy that these Goods should be removed And a Man in the Evening went to Haywood's House with a Cart and Horses and removed these Chests they were Three in number and those being opened there were Eight lesser ones taken out and carried away about Nine or Ten a Clock at Night to Sir William Parkyn's House in Warwickshire where they were buried in the Garden and afterward were dug up which was at the Searching Sir William's House upon the Breaking-out of the Plot and when they were open'd it did appear what sort of Goods they were They were Arms a considerable Quantity of them Four Dozen of Swords without Hilts Twenty five Pair of Pistols and a great number of Carbines Thirty two as I remember and a parcel of Hilts pack'd up in a Box by themselves This Gentlemen is sworn to you by the Persons that were present at the digging them up and opening the Boxes Then Gentlemen you are told That though Sir William Parkyns pretends they were Arms that he found in the House when he came thither yet they were not old rusty Arms as he pretends but they were very bright and fit for Use and Service There is one Circumstance more that seems to affect Sir William Parkyns about the Business of the Assassination and that is proved by Eubank Sir William's own Servant There was a Note sent upon Saturday the 22d of February in the Morning to one Brown at Kensington by Sir William Parkyns's Man and this Brown writ in the Servant's Almanack that he would be in Town himself in a little time and bid him carry it to a Man that lodged at a Confectioners over-against Grey's Inn Gate in Holbourn Sir William Parkyn's Man accordingly goes to this Confectioners and speaks with the Person there that he was directed to go to and he says he was a Scotch Man and talk'd broad like a Scotch Man and he bid him go and tell his Master That he 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 William Parkyns Now we 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 Man 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 Chernock 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 wou'd Land and he had a Troop and had bought Saddles and what is said concerning his going into Leicestershire and his 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 tho' 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 Statute of 25 Edw. the Third as being 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 doe prove Sir William Parkyns to be concerned in that Design which shall be Considered further of by and by But in the next place suppose that the Meetings at the Kings-head in Leaden-Hall Street 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 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 Christmass last of the late King 's Landing of his Saddles and of his Troops consisting of Old Soldiers and Volunteers that were Old Officers But says Sir William 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 should he 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 Landing and his Troop consisting of such Men plainly shews what those Arms were for For Gentlemen Mens Discourses and their Words explain their Actions and an indifferent Action may be explained by Words It is lawful for a Man to buy a Pistol but if it can be plainly proved from his words or his speeches that he designed the use of it against the Person or Life of the King that will be an Overt Act. Now when Sir William Parkyns said The late
King would Land 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 no 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 come 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 into 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 strain'd or forc'd Construction put upon a Man's Words or Actions when he 's Tryed for his Life You ought to have a full and a 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 he understood it of King James and at Christmas when he spoke of the King 's Landing 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 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 the Custom they withdrew to consider of their Verdict and in less then half an Hour returned again into Court Cl. of Arr. Gentlemen of the Jury Answer to your Names William Northey Mr. Northey Here c. and so of the rest Cl. of Arr. Are you all agreed on your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkyns 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 hath Recorded it You say Sir William Parkins 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 time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service While the Jury was withdrawn to consider of the Verdict Sir John Friend was brought from Newate to the Bar in order to his being called to Judgment and after the Verdict he Addrest himself to the Court thus Friend My Lord I humbly beseech your Lordship to give leave to Read this Paper To which the Court gave no Answer Frind My Lord will your Lordship give me leave to Read it L. C. J. H. Ay if you will Reads Friend 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 Stat. of 25 Ed. 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. Blaire swears that I shewed him a Commission in Surry-street about 2 Years since Sign'd by King James and Countersign'd Melfort to be a Colonel of Horse and that I gave him some Moneys 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 Councel may be Assigned me to plead this matter L. C. J. H. Sir John Friend 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 Tryal There were Two Witnesses against you that it is plain You were not Indicted for Levying of 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 Overtact of that High Treason The Commission was not so much stood upon but the Advanceing Moneys upon this Account to Blaire your Lieutenant Colonel to give to the Men that was a plain Overt Act and so there were certainly Two Witnesses against you Friend My Lord I hope I can clear my self I thank God I am as Innocent as the Child un-born of the Assassination of the King I would not have the People think that I am such a Man L. C. J. H. 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 Friend 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 Councel may be heard to it L. C. J. H. We cannot hear Councel but upon a matter that arises upon the Record it self that is the Indictment We cannot enter into any Examination of this matter that you now speak off you had a long Tryal Yesterday Friend My Lord I am sorry to give your Lordship any occasion of trouble but I humbly beseech you if it may be that I may be heard by my Councel for the satisfaction of the World pray my
Lord hear what they can say L. C. J. H. They cannot say any thing no Councel in the World that understand themselves can Argue any thing against what has been so often Settled and always Practised Friend My Lord if it be to be granted I beseech your Lordship to grant it L. C. J. H. It cannot be granted besides the matter you now move upon is improper it was all considered upon your Tryal 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 consider'd at your Tryal 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. H. 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. H. 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 Friend 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 Then the Court was Adjourned until 5 a Clock in the Afternoon and about 6 the Justices returned and the Court was Resumed Cl. of Arr. Set Sir John Friend to the Bar which was done Sir John Friend hold up thy Hand which he did Thou standest Convicted of High Treason for Trayterously Compassing and Imagining the Death of our Sovereign Lord King William the Third What canst thou say for thy self why the Court should not give the Judgment according to the Law Then being made to Kneel he afterwards stood up Friend I have said already what I have to say in Arrest of Judgment Mr. Com. Serj. Sir you have heard the Judgment of the Court as to what you have said if you have nothing else to offer the Court must proceed to Judgment Cl. of Arr. for Mid. Sir William Perkins hold up thy Hand 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 thy self 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 Arr. 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 Serjeant sitting with the rest of the Court upon the Bench Pronounced the Sentence Mr. Com. Ser. You the Prisoners at the Bar Sir John Friend and Sir William Parkyns you have been Indicted for High Treason in Compassing the Death and Destruction of the King For your Tryal you have put your selves 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 and it is Justly and Reasonably so For Robbery and Murder are Injuries to private Persons but Compassing the Death of the King is Compassing the Destruction of the Father of your Countrey and letting in Rapine Death and Desolation upon Thousands of People And even this the Hainousest 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 and Conspire and Consult and Debate the Destruction of a Prince no Man yet ever had the Confidence 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 your selves and cannot but Pity you for the great burden of Guilt that you have laid your seves under I only say this to offer it to your serious Consideration in the few Moments you have to prepare for another World and another Judgment All that remains 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 Hang'd up by the Neck and Cut down Alive your Bodies shall be Ript 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 carryed back to Newgate A true Copy of the Papers delivered by Sir John Freind and Sir William Parkyns to the Sheriffs of London and Middlesex at TYBURN the place of Execution April 3. 1696. Sir JOHN FREIND's Paper KNowing that I must immediately give Account to God of all my Actions and that I ought to be especially careful of what I say in these Last Hours I 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 to require a firm Duty and Allegiance to our Sovereign and that as no Foreign so neither any Domestick 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 my self of the Assassination which was not the thing alledg'd against me however it was mentioned through what means I know not As
him they were gone but the Groom had acquainted me and given me an account that he would be there again on Sunday or Monday On Sunday in the Afternoon about five or six Mr. Lewis came to enquire if Sir W. Parkyns Horses were come to Town I told him no and so he came again upon Monday morning betwixt eight and nine of the Clock and asked me if I heard nothing of his coming to Town I told him no I did not hear of his coming again Mr. Att. Gen. The Horses that came up on Friday night how were they accoutred Turton Two or three of them had Holsters I cannot say but for Pistols they had four or five Case Mr. Att. Gen. Had they no Carbines Turton No but only Horse-Pistols Mr. Att. Gen. Did you not observe any other Arms or other Furniture Turton I did see a pair or two of Jack-Boots that they Rid in but I did not see any more Mr. Att. Gen. Were there any that were wrapt up in a Horse-Cloth Turton No I did not see any they were not brought into the House Mr. Cooper Do you know what time the Horses were Sadled that Day Turton No I did not Parkyns You observ'd and said there were two or three Cases of Pistols did not I always Ride with Pistols Turton Yes you seldom came without two or three pair when you came with Servants Parkyns And as to the Jack-Boots you said we Rid in them Turton I suppose so Parkyns We alighted at Mr. John's House and so our Boots were sent thither and these were small Horses all of them pray will you tell the Court what siz'd Horses they were was there ever a great Horse among them Turton Never a one I believe that exceeded above Fourteen Hands and a half some under Fourteen Mr. Sol. Gen. Did you see the Roan Gelding what size was that Turton A small Padd that might be about Thirteen and a half Mr. Att. Gen. Did you ever see him come with so many Horses before Turton I have seen more at the Sword and Buckler when I lived there and he used to Inn there Mr. Att. Gen. How many have you seen at the Sword and Buckler Turton I have seen four or five at a time but this is many years ago Seven or Eight years ago when he used to keep his Coach and Four Horses and come up with several Saddle Horses with him Mr. Att. Gen. How long have you lived at the Georgs Inn Turton About Two years Mr. Att. Gen. Did you observe any other Horses that stood there Turton There were two that were pretty sizeable Horses larger than any of Sir William's own Mr. Att. Gen. Whose were they Turton I cannot tell Mr. Att. Gen. Did any Body own them Turton I don't know who owned them there was one that paid for their Meat and took them away Mr. Att. Gen. Who is that Turton Truly Sir I cannot tell I do not know who he was I never saw him in my Life Mr. Sol. Gen. Has Sir William Parkyns any more Questions to ask him Parkyns No Sir Mr. Att. Gen. Then my Lord we shall call no more Witnesses unless he gives further occasion we leave it here till we hear what he says to it L. Ch. Just. Holt Sir William Parkyns Mr. Attorney General and the King's Counsel have done now is your time to make your Defence Parkyns My Lord I relie upon your Lordship for my Defence For I am ignorant of these proceedings I relie wholly upon your Lordship to give a true account of them to the Jury I hope your Lordship is so Just that you will Repeat the Evidence to the Jury as it is and no otherwise But I do not observe that as to the Assassination there is more than one Witness and that is Captain Porter there is not a tittle more and as to that I suppose your Lordship will declare to the Jury that I was not concerned in it and Captain Porter declares I was to have no hand in it onely I was to furnish Five Horses and accidentally I was at some Meetings but he does not declare that I was to do any thing in particular L. Ch. Just Holt Yes yes you agreed upon the Debates to the several Resolutions of Assassinating the King and said that it was necessary and fit to take him off Parkyns Still that is but one Witness I deny it utterly and the Law says positively there shall be two Witnesses L. Ch. Just Holt Not to every Overt-Act there is no Law says so Parkyns As to the Assassination there is but one no other but he and so as to the Regiment he did not say that I was to raise a Regiment but that he was told by a Gentleman that I had been desired to be in the matter but I would not because I had engaged in another business about a Regiment but this was all but hear say L. Ch. Just Holt Yes he said you own'd you had a Regiment Besides it is said you own'd you had your Saddles and your Troop consisted of Old Soldiers Parkyns No Captain Porter never said so Mr. Att. Gen. That was Sweet L. Ch. Just Holt You told Porter you had a Regiment to look after Parkyns Captain Porter is here I desire he wou'd explain himself L. Ch. Just Holt Yes and you told Sweet that your Troop consisted of Old Soldiers and that you had bought Thirty Saddles Parkyns My Troop aye but still there was nothing of a Regiment nor did they say I had raised a Regiment or a Troop or was to raise a Regiment Sweet You told me your Troop consisted of Old Soldiers I did not say that you said you had raised or wou'd raise but it did consist of Old Soldiers L. Ch. Just. Holt He says that which makes it plain that you were to have a Troop or had a Troop consisting of Old Soldiers besides Voluntiers that had been Officers and that you had bought a great many Saddles Thirty Saddles and you were to go into Leicester-Shire and accordingly you did go and upon your return you did give an account that all was well and the West was as well inclined to King James's Interest as the North. Parkyns That I went into Leicester-Shire and met several Gentlemen and that they were all well inclined I hope that is no Evidence of Treason against me Every body ought to be well inclined L. Ch. Just Holt Aye But they were all well disposed or inclined to King James's Interest Parkyns He did not say so if your Lordship pleases to call him again L. Ch. Just. Holt Call him again Sweet was set up again Mr. Soll. Gen. What did Sir William Parkyns tell you of his Journey into Leicester-Shire Sweet He said that he had been there and had met his Friends and all was well L. Ch. Just Holt What did he say Did he Name King James Sweet He did not Name King James to me at that time L. Ch. Just. Holt What was the Discourse
gave an account how the place was viewed and which was thought most proper and then all the Company agreed to it He says indeed that Sir Wm. Parkyns was not one that was to execute it in his own person but one Scudamore was to be the man imployed by him and he did say it was a thing that was very necessary to be done and would facilitate the Introduction of King James and the bringing him back again And there is likewise this concurring Evidence of Mr. Porters wiâ—â—hat I shall observe by and by that Sir William Parkyns was to procure five Hoâ—â—â—hree whereof he was to mount himself and two he was to send Captain Porter to mount and if there were further occasion he could procure more from Mr. Lewis Gent. of the Horse to my Lord Feversham and accordingly we have produced to you 2 Witnesses Freeman and Turton the one a Tapster the other an Hostler that lived at the George Inn in Holbourn who give you an account that upon Friday before the first day that was designed for the Assassination there did come 3 Horses to Town for Sir Wm. Parkins but it being put off upon the disappointment they were sent out of Town again Upon the Friday afterwards the day before the discovery then there were 4 Horses brought to Town and a 5th was borrowed of Mr. Lewis which was a Roan Gelding Parkyns Pray Sir will you please to observe what sort of Horses they were and particularly the heighth of them that it may be known how fit they were for this business Mr. Soll. Gen. I will do you no wrong Sir William if I can help it The Jury have heard the Evidence and by and by they will hear my Lords Directions but they do say there were 4 brought to Town and a fifth was sent a Roan Gelding first the Witness said the Horse came from Mountague House but then presently he recollected himself and acknowledged the mistake and afterwards said it was from Somerset House So there were the 5 Horses 3 whereof Sir William Parkyns was to mount and 2 Captain Porter as he himself says and these Facts I instance in as making a concurring Evidence and very near to two Witnesses to prove this part of the Conspiracy Then Gentlemen Captain Porter goes further and says that he had heard but Sir William Parkyns did not tell him so himself that Sir William Parkyns had a Commission to raise a Regiment of Horse and was preparing so to do against the time of the Invasion to joyn with the Forces that were to come from abroad To confirm which we have called Mr. Sweet to give you an account that he had been acquainted with Sir Wm. Parkyns for 3 years and that he had often talkt with him about the King that is his present Majesty whom he called the Prince of Orange and the little Gentleman and about King James whom he used to call always the King and he said the King was to land very speedily and that he had a Troop which consisted of old Soldiers and that there were several Volunteers that were Officers he said he was to take a Journey into Leicestershire and accordingly he went and when he returned back again he said the West and the North were very well inclined to the King's Interest or to that purpose And to strengthen his Evidence we prove that he did go accordingly into Leicestershire and we prove it by his Servant that went with him where he met with several persons particularly one Yarborough and a Parson what they did transact the Servant cannot prove but he is a concurring Witness to prove that he went into Leicestershire and we have all the reason in the world to believe that he went on that Errand that he spoke of before that is to meet the Kings Friends as he called King James And then there is a further concurring Evidence of his having a Regiment or a Troop it is not material whether it be one or the other and that is the matter of the Arms 4 dozen of Swords 32 Carbines 35 Cases of Pistols that were hid in the Garden of his House and these Arms we have traced further he sent them from his House to Haywoods House there he thought they would not lye safe and therefore Sir William Parkyns sends for them privately they were to come away at night and be brought back to his House and they were accordingly brought back in the night to his House and there they were buried and the same person saw them taken up afterwards which brought them to Sir William Parkyns House and proves they were the same Boxes that were buried and which upon opening proved to be these Arms that were first sent to Haywoods and afterwards brought back to his own House So that this Gentlemen is a concurring Evidence both to what Sweet says and to what Porter says and those are the two Witnesses to this part of the Treason that there was a provision of Arms and Men for this purpose which he said he had a Commission for Now Gentlemen against all this he makes but a very small Objection As to the matter of the two VVitnesses to every Overt Act that has been over-ruled by the Court and as to the Arms he says he found them at his House when he first came to it and then they were old rusty Arms but of this he gives you no manner of Evidence But if they were there when he came to the House How came he at this time of Day to hide them and secret them Why might they not be as publick now as they were before he came which he has had time enough to prepare to prove since the finding of them And he does not give you so much as any colourable Reason why he so secreted them And therefore it is a most just and violent Suspicion that they were for the purposes that the Witnesses have given you an account of and you have reason to believe they were provided for to arm that Number of Men which he was to raise to assist the French when they came to land here So that if you believe what the Witnesses have Sworn you cannot say but that he is Guilty of the Treason charged upon him and we doubt not you 'll find him so Mr. Cooper May it please your Lordship and you Gentlemen of the Jury I am of the same side of Counsel for the King Sir William Parkyns has given us a good Caution which I shall take care to observe and that is not to strain either Fact or Law to his prejudice But my Lord When such a Matter as this a Crime of this nature is so far proved against the Prisoner at the Bar that no body can in his private Judgment reasonably acquit him then I think it a good piece of Service to the Publick to make the Matter so plain that it may be put beyond all manner of Doubt both for the ease of the Jurors and
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 my self 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 Dye Though I have a perfect Charity for People of all Professions and do heartily wish well and would endeavour so to do to all my Fellow-Subjects of what Persuasions soever And indeed I have met with a great deal of Uprightness 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 Evidence being advised so to do for my better Security upon the Foundation of a Statute-Law Having own'd my self a Member of the Church of England I must take this opportunity and I do it for God's Glory to apply my self 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 much neglected as I own to my great Sorrow Let no Excuse no Dangers prevent or hinder you in these most necessary and serious Matters and be I beseech you very careful and circumspect 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 encrease upon me And I do now lay down my Life with all Chearfulness 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 Thee 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 Misled 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 Patience under all their Afflictions and a happy Deliverance out of them Forgive all mine Enemies Pardon my former Neglect and Remissness in Religious Worship and Holy Duties and all the Sins I have been Guilty of to this very Moment Consider my 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 PARKYNSs Paper IT hath not been my custom 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 my self oblig'd to mention it was sworn against me by Mr. Porter That I had own'd 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 particularly levelled against the Person of the Prince of Orange I neither saw nor heard of any such It 's true I was privy to the Design upon the Prince but was not to act in it and am fully satisfied that very few or none knew of it but those who undertook to do it I freely acknowledge and think it for my Honour to say That I was entirely in the Interest of the King being always firmly persuaded of the Justice of his Cause and lookt upon it as my Duty both as a Subject and an Englishman to assist him in the Recovery of his Throne which I believed him to be deprived of contrary to all Right and Justice taking the Laws and Constitution of my Countrey for my Guide As for my Religion I dye in the Communion of the Church of England in which I was Educated And as I freely forgive all the World so whoever I may any ways have injured I heartily ask them Pardon Apr. 3. 1696. William Parkyns And on Friday the Third of April the said Sir William Parkins and Sir John Friend were Executed at Tyburn according to the Sentence FINIS The Tryals of Charnock King and Keys and of Sir John Friend for High Treason are Published by the Order of the Lord Chief Justice Holt and Printed for Samuel Heyrick at Grays-Inn-Gate in Holbourn and Isaac Cleave at the Star next to Serjeants-Inn in Chancery-Lane