Covent-Garden in the County of Middlesex Knight that whereas prout in the Indictment mutatis mutandis and against the Form of the Statute in this Case made and provided Upon this Indictment he hath been Arraign'd and thereunto hath Pleaded not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to inquire whether he be Guilty of the High-Treason whereof he stands Indicted or not guilty if you find that he is Guilty you are to inquire what Goods and Chattels Lands and Tenements he had at the Time of the High-Treason committed or at any time since If you find him not Guilty ye are to inquire whether he fled for it if you find that he fled for it you are to inquire of his Goods and Chattels as if you had found him Guilty if you find him not Guilty nor that he did flye for it you are to say so and no more and hear your Evidence Mr. Montague May it please your Lordship and you Gentlemen of the Jury Parkyns My Lord your Lordship was pleas'd to say you would be my Counsel I am Ignorant in Matters of Indictments I beg if there be any Fault in it you will let me know it L. C. J. Holt. Truly I have observ'd no Fault in it I do not know of any Mr. Montague Gentlemen this Indictment does contain as heavy an Accusation as can be laid upon any Man for it not only charges the Prisoner with a Traiterous design of subverting the Government and raising War and Rebellion within the Kingdom which was to be done by adhering to the King's Enemies and promoting a Forreign Invasion but likewise with a Conspiracy against the Life of the King which was to have been taken away by a bloody Assassination Gentlemen the Indictment sets forth That Sir Will. Parkyns the Prisoner at the Bar did meet several times with Chernock and other false Traytors and there it was consulted and agreed how they should procure French Forces to Land within this Kingdom and then they were to raise Rebellion among his Majesty's Subjects to joyn with the Invadors Mr. Chernock was sent from the Prisoner at the Bar and the rest as a Messenger into France unto the late King James to acquaint him with this Bloody Design and to desire him to borrow of the French King as many Troops as he could spare to make a Descent upon this Kingdom and they at the same time were to facilitate the Descent by getting as many Men as they could to make the Assassination and the number of Forty was pitched upon who were to be provided for that purpose of which the Prisoner at the Bar was to find Five who were to lye in wait with the rest and set upon the King as he came along in his Coach upon his Return from Hunting Some were to assault and attack the Guards while others were barbarously to Assassinate and Murder the King in his Coach and particularly it Charges the Prisoner with undertaking to procure and provide Five Horses and Arms that were to be Imployed in this Bloody Assassination and also with gathering together great Quantities of Arms and Ammunition that were to be used in the Insurrection To this Indictment the Prisoner has pleaded Not Guilty if he be not Guilty God forbid he should be Convicted but if he be Guilty and we prove the Fact the Nation expects that you will do Justice to the King and Kingdom and find him so Mr. Attorn Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar Sir William Parkyns stands Indicted of High Treason for Compassing the Death of his Majesty and adhering to his Majesty's Enemies and the Overt Acts laid in the Indictment to prove this Treason are That he with others had several Meetings and Consultations about this Design and sent a Messenger over to France to the late King James to procure French Forces to Invade the Kingdom to Depose the King and subject the Kingdom to a French Power And likewise that he did enter into a Conspiracy with several Persons for the Assassination of his Majesty's Royal Person These are the Overt Acts mentioned in the Indictment to prove this Charge of Treason against the Prisoner Gentlemen the Evidence to prove these Overt Acts and which we shall produce will be in this manner It will appear that the Prisoner at the Bar Sir William Parkyns has formerly had a Commission from King James to raise a Regiment of Horse and about May last he with several others had a Meeting at the Old King's-head in Leadenhall-street where were present my Lord of Aylesbury my Lord Montgomery Sir William Parkyns Sir John Freind Sir John Fenwick Mr. Chernock Mr. Porter and one Mr. Cook and Goodman came in to them after Dinner And at that Meeting it was Consulted and Conserted among them how they should bring back the late King James and Depose his present Majesty and in order to that they did Resolve to send Mr. Chernock as a Messenger to the late King James to desire him to obtain from the French King 10000 Men to Invade this Kingdom 8000 Foot 1000 Horse and 1000 Dragoons and to Incourage the late King to this they did assure him by the same Messenger that they would meet him with 2000 Horse upon his Landing and they did all undertake and agree that they would do it and Mr. Chernock undertook to go of this Message Gentlemen about a Week after this Meeting Mr. Chernock not being willing to go upon this Errand without a good Assurance that they intended to perform what they had Resolved upon they therefore had another Meeting of most of the same Persons that were at the former and particularly the Prisoner at the Bar was one and that was at Mrs. Mountjoyes a Tavern in St. James's-street And at that Meeting they did all agree as formerly and continued in their former Resolution to send Mr. Chernock to assure the late King that they would meet him according as they had promised if he would give them notice where he was to Land and he should not fail of their Assistance And at these Meetings they did take notice that then was the most proper time for such an Invasion for the King was gone to Flanders most of the Forces were drawn thither and the People were dissatisfied and so it would be the fittest opportunity to accomplish their Design and they desired Mr. Chernock to make haste to carry this Message and to Intreat King James that he would be speedy and expeditious in his coming that they might not loose this season Gentlemen after these Meetings Mr. Chernock did within a few days go over into France and did deliver his Message to the late King James who took it very kindly but said that the French King could not spare so many Forces that year having other work to Imploy them about upon which within a Months time or
no Overt-Act Parkyns There is no positive proof of any Troop or any Arms. L. Ch. Just. Holt It is proved there were Arms sent by you at Michaelmas last to Mr. Haywoods Chernock's Brother-in-Law and these lay there till Ashwednesday last after your Name was in the Proclamation and then they were removed in the Night and buryed at your House and were taken up there and here is an Account given what Arms they were Four dozen of Swords Twenty five pair of Pistols Thirty two Carabines Parkyns First it does not appear when these Arms were bought nor for what intent they were brought from Haywoods L. Ch. Just. Holt But what use had you a private Man for so many Arms and then your going into Leicester-shire to meet some Gentlemen and your giving an account how they stood affected to the King's Interest whether that be understood for the Interest of King James I must leave to the Jury since you give us no account that you were imployed by King William Parkyns My Lord I went upon my private Occasions and then talk'd of News as other people do L. Ch. Just. Holt But when you returned back again you declared all was well and gave an account how persons were dispos'd in the West and North. Parkyns Is there any persons named or particulars Can it be an overt-Overt-Act of Treason for me to discover my acquaintance L. Ch. Just. Holt But your going with that design to engage in an interest against the King and for the late King Parkyns He does not say discovered my design I went to meet with some Friends of my own L. Ch. Just Holt Did not he tell you he was to go into Leicester-Shire Sweet Yes he did so L. Ch. Just Holt Did he tell you to what purpose Sweet He said he was to go to meet some of the King's Friends Parkyns Did I tell you who Sweet No. L. Ch. Just Holt But there was a Lord's Brother what did he tell you of that Sweet He said all things were well and the West was as well inclined as the North. L. Ch. Just Holt To what Sweet To the King's Interest L. Ch. Just Treby You spoke of a Lord's Brother that was concerned Sweet He said several Persons of Quality in the West were concerned and a Lord's Brother was among them Juryman My Lord I desire he may be ask'd when he said the King would Land what King he meant whether he named the Late King or King James L. Ch. Just. Holt Well Answer that when he Discoursed to you of the King 's Landing did he Name the Late King James or did he say the Late King James Juryman Was he mentioned in the Discourse Sweet He never used to mention King James to me but only the King which I understood always of King James Mr. Att. Gen. Pray what time was it that he spoke of the King 's Landing Sweet It was about Christmas Mr. Att. Gen. Therefore no other King could be meant but King James for there was no other King to Land at that time and he said he had the King's word for it I suppose he can't pretend he had King William's word for it Parkyns I hope to talk of the King 's Landing is no Treason it is but words if I tell an idle Story of what I think may come to pass shall that be reckoned Treason Then for him to say I had it from the King 's own Mouth it is impossible to be true and it an Overt Act being only Words and cannot be reputed Treason And then as to the other two Parts of the Charge the Consultations which my Lord of Ailsbury and those other Persons there is but one Witness no body but Porter neither is there any more but he for the Assassination his Evidence is but a single proof and there ought to be two positive Witnesses by the Law to each Overt Act. L. C. J. Holt. No there ought to be two Witnesses to each Species of Treason that 's all Parkyns There ought to be two Witnesses to both these parts of the Treason L. C. J. Holt. I must tell you Sir Willian Parkyns If any person does Design and Contrive that the Realm should be Invaded or the King Deposed and another set upon the Throne that Conspiring to Invade the Realm or Depose the King are Overt Acts of High Treason within the Statute of 25. Ed. 3. and the same Species of Treason as designing to Assassinate him is It is Compassing Designing Imagining his Death and Destruction Now the Question is Whether there is not another Witness besides Capt. Porter to prove another Over Act of this Design Parkyns I don't find there is for all the rest is only Discourse L. C. J. Holt. Yes for what do you think providing Arms for that purpose is only Discourse Parkyns The Witnesses don't say for what purpose the Arms were bought L. C. J. Holt. Nor do you tell us of any other purpose Parkyns My Lord it does not appear when they were bought L. C. J. Holt. Ay but what occasion had you for such a quantity of Arms Parkyns My Lord I did not buy them after all I found them if I had had liberty to have sent down for Witnesses I could have proved that these Arms were in Boxes all Rusty in my House when I first came to it L. C. J. Bolt Ay but why were they buried just at the time when the Plot was broke out and the whole Design discovered Parkyns I can't tell my Lord how to help it if they will make an ill Interpretation L. C. J. Holt. What Interpretation would you have us make Parkyns My Lord It is very easie to imagine People don't care to be found with Arms at such a time but however the having of Arms is no Treason They are as much a Commodity as any thing else Mr. Att. Gen. And then the Horses coming to Town just at such a time and the Saddles Parkyns I have not bought a Horse this two Years and I travelled in no other manner than I used to do So the Groom tells ye I used to come to Town with three or four Horses always I never kept less than six or seven Horses this twenty Years sometimes a great many more and they were little Horses Padds no way fit for the Service they are presumed to be for L. C. J. Holt. Have you any thing more to say Sir Parkyns I hope my Lord as to the Assassination I am clear Perhaps the World may imagine I have had some Inclinations to King James's Service and perhaps they may not think amiss but I never did any thing nor had an opportunity to do L. C. J. Holt. God be thanked you had no opportunity Parkyns And I hope my Life shall not be taken away without proof I hope it will be rather thought that every one should be taken to be Innocent and it should better please the King that I should be acquitted than to let me be found
by the Evidence it was Parkyns But that is not said my Lord I humbly beg your pardon for interrupting you it is not said That I met them to rise by no Evidence whatsoever and therefore pray my Lord do not inforce it beyond what the Evidence has proved he said I went to meet my Friends was there any thing said it was in order to a Rising L. C. J. Treby I think you mistake your own words as you spoke them to be Witness if I did take them as I think I did right for they were several times repeated I will do you no wrong Sir William I assure you You went into Leicestershire and you say It was to meet your Friends the Witness says It was to meet the King's Friends by the King it is very plain you meant not King William but King James for you spoke before of the King 's Landing which was at Christmas last when every body knows King William was in Fngland These coupled together Parkyns I beg your Pardon my Lord those two things are not both to be joyned together the discourse of the King 's landing was at Christmas as he says the other thing my Journey into Leicestershire was a Month afterwards and therefore they cannot be coupled together L. C. J. Treby The coupling of them that I meant was only to shew who was understood to be spoken of by you when you named the King so the Qucstion is Whether you did not mean the same person in January that you meant in December by the word King especially since as a Discovery you had made you said further that the West was as well inclined to the King's Interest as the North and a Lord's Brother was concerned in it If by the King you had meant King William how impertinent and insensible had been all this Discourse that the West was as well inclined as the North and that a Lord's Brother was concerned in it concerned in what In being inclined to King William to what purpose could that be said Parkyns It may as well be interpreted that way as the other L. C. J. Treby I must leave that to the Jury And I confess if there were not somewhat more in the case you might the better argue upon this as to the Interpretation But laying aside the consideration of your riding into Leicestershire c. here is this providing of Arms proved by 4 or 5 Witnesses and the serving of them in that manner and there is no account given by you that they were provided for the service of the Government or that you were imployed so to do Certainly it is not lawfull to provide Arms especially for a whole Troop as for ought I perceive here was tho' indeed I am not skilfull enough in those businesses to know how many make up a Troop but it 's plain here was an Insurrection intended when the Invasion was made and that is an Evidence that these Arms were to be imployed upon that account for no other use was to be made of them nor is pretended If you had found those Arms in your House as you say it had been your Duty to have delivered them up or disposed of them to the Use and Service of the Government which service too could only be when you had a Commission from the Government and not of your own head And then besides all this you acknowledg'd that you had a Troop of old Soliders Parkyns It is but slidingly that for he only tells you that a Troop would be composed of old Soldiers L. C. J. Treby How can that be when he says he repeats your own words My Troop consists of old Soldiers can any body say that his Troop consists of old Soldiers without having a Troop Parkyns Pray Mr. Sweet speak my life is at stake did I say to you it did consist or it was to consist recollect your self and consider well before you speak L. C. J. Holt. What was it that he did say it did consist or it would consist Sweet He said his Troop was composed all of old Soldiers Parkyns But does it appear by any Evidence that I had a Troop if I had who were they none of these Men do appear Does this Troop consist of Men in the Air that I should list Men that are all in Nubibus and not one of them to be known Suppose I should tell him a Lie or make some Brags is this Treason here is no person proved to be listed or named L. C. J. Holt. But Arms were found in your house for a Troop Parkyns But where they were bought and when they were bought and made ready it does not appear and I affirm to your Lordship if you would give me but one Days time I would prove that they were at my House at Warwickshire when I first came down thither which is too years ago And I 'll fully make it out to your Satisfaction or I 'll be crucified or any thing in the World I can prove it by a great many Witnesses by my Friends and all the Servants that belonged to me they were there long before this Discourse was had or thought off Mr. Justice Rokeby If your Lordship expects that I should deliver my opinion I am ready to do it As to this matter of Law that Sir William Parkyns has proposed he says There are not two Witnesses to the same Over-Act and therefore no Evidence of Treason truly I take it and always did that the Law is there need not be two Witnesses to the same overt-Overt-Act but if there be two Witnesses one whereof speaks to one overt-Overt-Act and another to another overt-Overt-Act of the same Species of Treason these are two Witnesses within the Law Now I think there are two Overt-Acts in the Indictment of this Treason The Treason is compassing the Death of the King the Overt-Acts are first the particular Design of the Assassination upon his person and the other is the bringing in of a foreign Force and preparing Horses and Arms to meet that foreign Force here all this to the same Intent and Purpose the compassing and imagining the King's Death Now besides that of the Assassination there are a great many Witnesses that prove there were Arms prepared for there are found a great Quantity when they open'd the Boxes which Boxes it is plain he himself sent down to Haywood's House For tho' Charnock writ a Letter yet it was by his Direction as he own'd to Haywood when he was here in Town And then his Servant fetch'd them away from this place and this I take to be another Overt-Act and proved by several Witnesses Sir William Parkyns speaks of his being a Gown-man but I do not know what a Gown-man has to do with such a quantity of Arms. Parkyns If you will give me leave to send for some People I will demonstrate it to you as clear as the Sun that they were in the House two years ago when I came first thither Mr. Justice Rokeby
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-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.
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
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
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
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-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