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A63153 The tryal and condemnation of Sir William Parkyns, kt., for the horrid and execrable conspiracy to assassinate His sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason, at the sessions-house in the Old-Baily, March 24, 1695/6 : together with a true copy of the papers delivered to the sheriffs of London and Middlesex, by Sir J. Freind [sic] and Sir W. Parkins, at the place of execution. Parkyns, William, Sir, 1649?-1696, defendant.; Friend, John, Sir, d. 1696.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). 1696 (1696) Wing T2153; ESTC R17270 58,904 40

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commences in a day or two Let the Act be read L. Ch. Just Holt. A design to depose the King which is manifest by some Overt Act that is an Overt Act to prove the design of deposing the King for he that designs to depose him from his Kingly State and Dignity if that design be manifest that is an Overt Act for designing his Death Sir Will. Parkyns But it must be manifested it must not be by interpretation L. Ch. Just Holt. If that be proved if the next Overt Act be proved that you design the Kings deposition then it is apparent you design his Death Sir Will. Parkyns But they are different things L. Ch. Just Treby Sir Will. Parkyns we have seen a King deposed and yet alive it is very true and yet not the Success that always does it But whenever Persons agree together to bring in Foreign Forces and prepare Arms to meet them and make Insurrection against the King in possession this is reckoned an Overt Act by my Lord Chief Justice Hales and my Lord Cook and yet those Men are reckoned to be the most tender Men in these Cases And the reason is very plain Sir Will. Parkyns If your Lordship please let that be read L. Ch. Just Treby For any Act that has a natural tendency to the destruction of the King that is the expression of an internal thought of compassing and imagining his Death Providing of Arms and making an Insurrection against the King is an Overt Act and an agreeing to shoot him is an Overt Act. Sir Will. Parkyns I desire it may be read and I am satisfyed The new Act was then read J. Rookby I believe in a great Cause in Parliament my L. Stafford's Case it was declared for Law that one Witness to one Overt Act and another to another was declared sufficient in Law Sir Will. Parkyns I believe it has been done But yet if your Lordship please here is a beneficial Law which if your Lordship had pleased to put off my Tryal another day I might have had the benefit of J. Rookby It would have been the same thing as to an Overt Act for this is only indicative of the same Law in several particulars Sir Will. Parkyns No my Lord but I could have had Witnesses to have taken them off but here it turns upon the matter of Sweet and it is manifest he has spoken what cannot be true viz. that I had the Kings word for it J. Rookby If a Man write a Note to you that he will do a thing that might be said to be his word though by a Letter Sir Will. Parkyns If I had it from his own Mouth not else L. Ch. Just Holt. It is not impossible but you might speak with him Sir Will. Parkyns No It is impossible for can I speak from hence to France Mr. Charnock went over but I never went over J. Rookby If any man should have said the latter end of the last Month I believe there is an Assassination intended against K. William meerly because he had his Word for it we might say we had the King's Word for it that is a proper expression if it come by Letter or publick Fame L. Ch. Just Holt. He might send you word so by a Message Sir Will. Parkyns He manifestly contradicts himself backward and forward in his Evidence Captain Porter swears for to save his own Life and the other contradicts himself J. Rookby Captain Porter's Testimony has been sufficiently confirmed by the acknowledgment of dying Persons L. Ch. Just Holt. Sir William have you any more to say Sir Will. Parkyns No my Lord. Then the King 's Learned Counsel summ'd up the Evidence to this Effect Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel for the King in this matter and it is my turn to sum up the Evidence that has been given against the Prisoner at the Barr. He stands indicted for compassing and imagining the death of the King for designing to depose the King and by an Insurrection incouraging and abetting the King's Enemies and doing what he could to procure an Invasion upon his own Countrey Some of these Crimes run into one another designing the death of the King the Assassinating and deposing of the King amount to the very same thing it is compassing and imagining the death of the King My Lords the Judges have given you their Opinion in that point of Law and it is I think agreeable to all the resolutions since the making of that Statute I think this Statute made in the 25 Edw. 3. was explained in the time of his Successor Rich. 2d but I am sure in the time of Henry 4th when it was designed to set up Richard it was adjudged High-Treason for compassing and designing the death of the King For deposing of him was destroying him in his politick Capacity and Assassinating of him was to destroy him in his natural Capacity The design was to overthrow the present Government establish'd by Law whereby every Man injoys his own Property every Man injoys his own Freedom and those that will be quiet may have their own Liberty as well as at any time they ever had it But some People are very impatient they are not contented to have servitude themselves but would bring it upon their Fellow Subjects And it would not be very ill if those that be in love with it would go where they may fill their Bellies with it in another place where they may have it and not bring it upon those that would be very impatient under it as we all are and I hope shall always be To prove the Invasion we have Captain Porter and he tells you he had seen a Commission from the Late K. James all written with his own hand Sir Will. Parkyns I beg your pardon he does not say such a word I beg my Lord the Witnesses may be called L. Ch. Just Holt. If I remember right Mr. Porter said you had read the Commission and it was writ with K. James's own hand and he said it was because he could not trust his Ministers Sir Will. Parkyns No my Lord he said not so but all I said was that Scudmore was to take one Mr. Soll. Gen. Pray Mr. Porter give my Lord and the Jury an account what Sir Will. Parkyns told you Capt. Porter I askt Capt. Charnock if I might not see the Commission he told me he never saw it himself but that Sir William Parkyns had and that it was written with K. James's own Hand He said Sir Will. Parkyns said it was to raise War against the King's Person Mr. Soll. Gen. By whose Hand was it writ Capt. Porter With the King 's own Hand Mr. Soll. Gen. Did he give you any reason why it was written with his own Hand Capt. Porter Because he would not trust his Ministers Mr. Soll. Gen. I would not do Sir William wrong in any respect I well rember Mr. Charnock