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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

England to make levy and wage our said Sovereign Lord the King to depose c. And further with the said false Traytors on the First day of July in the Year aforesaid in Covent-Garden aforesaid Traiterously did Consult Consent and ●gree to send the said Robert Charnock as a Messenger from him the said Sir William Parkins and the said other Traytors to the Jurors unknown to and into the Kingdom of France c. to the late King James to Propose Ask and Obtain from the said Lewis the French King the Forces and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such Traiterous Intentions and Adhesion and all other particular Matters c. relating thereunto And also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses to receive c. And in order to the better Assistance c. of the said Enemies of our said Sovereign Lord King WILLIAM in the War aforesaid And to excite and procure the said Enemies of our said Sovereign Lord the King the more readily and boldly to Invade this Kingdom of England and the said Treasons c. of him the said Sir William Parkins to perfect and bring to pass c. he the said Sir William Parkins during the War aforesaid did viz. on the 10th day of February with the said Robert Charnock and others meet consult c. our said Sovereign Lord King WILLIAM by lying in wait to Assassinate Kill and Murder and this execrable Assassination the easier to fulfil and bring to pass did prepare and consult with other false Traytors of the wayes means and methods and of the time and place when and where and in what manner viz. by lying in wait they might more easily kill and slay our said Sovereign Lord the King and did Consent and Agree with the said false Traytors that Forty Men and Horses part of the Traytors aforesaid some of them by the said Sir William Parkins to be procured with Musquets Carbines and Pistols charged with Gunpowder and loaden with Bullets and with Swords and other Arms to lye in Wait and Ambush against our said Sovereign Lord the King in His Coach being when He should go abroad a Hunting to set upon and Murder while others so Armed the Guards attending upon Him should Kill and Murder And that he did take upon him to provide Five Horses for those Men who should Kill and Murder our said Sovereign Lord the King And also that he the said Sir William Parkins the said Treason and Trayterous Conspiracies to execute c. afterward to wit the Day and Year last abovesaid divers Arms Musquets Carbines Swords and other Arms c. Falsly Maliciously Secretly and Trayterously did obtain and buy collect and procure and cause to be obtained c. and in his Custody had and kept with Intention the same in and about the Detestable Horrid and Execrable Assassination Killing and Murdering of our said Sovereign Lord the King and in the said Invasion to employ And also the said Trayterous Imaginations the better to bring to pass he the said Sir William Parkins in the Parish aforesaid divers Souldiers and Armed Men and Men ready to be Armed when the said Assassination should be did levy enroll and retain and cause to be levyed enrolled and retained And those said Souldiers and Armed Men thus Levyed Enrolled and Retained the Treasons aforesaid to bring to pass then and there ordered to be in a readiness to be used and imployed c. against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity as also against the Form of the Statute in that Case Made and Provided Cl. of Cr. How say'st thou Sir William Parkins Art thou guilty of this High Treason whereof thou standest Indicted or not guilty Sir W. Parkins Not guilty Cl. of Cr. Culprit How wilt thou be Tryed Sir W. Parkins By God and my Countrey Cl. of the Cr. God send thee a good Deliverance Sir W. Parkins I beg your Lordships favour for a word or two My Lord I have been kept in hard Prison I was Committed and no Body was permitted to come to me till Friday last And being here Charged with divers Facts it was necessary for me to have divers Witnesses and they are disperst And therefore I beg of Your Lordship that my Tryal may be put off that I may get my Witnesses together L. C. J. Holt. When had you notice of your Tryal Sir W. Parkins On Wednesday last in the Afternoon I had notice and not before then But being kept so close Prisoner I had not the opportunity of any Council till Friday at Noon and then it being but two days and I in distress and hardship it was impossible for me to get my Witnesses together L. C. J. Holt. What Witnesses do you want Sir W. Parkins I have divers Witnesses to prove where I was from time to time when these things were done that are charged upon me but they are out of Town and I cannot get them together in so short a time L. C. J. Holt. When had he Notice Mr. Baker He had Notice on Wednesday last in the Afternoon Mr. Sollicitor Gen. Mr. Baker How was it that he had not Counsel sooner Mr. Baker I told him last Wednesday that I would procure an Order for Counsel and he should have it the next Morning and Mr. Burley came to me the next Morning and had the Order L. C. J. Holt. You were told on Wednesday you might have what Counsel you would and you had an Order on Thursday Sir W. Parkins My Lord I could not have any without application to the Court at White-Hall and no Body came to me and it was Friday before any Body came to me L. C. J. Holt. You had your Sollicitor you might have imployed some Body and have sent for your Witnesses you might have told your Sollicitor and he would have come to me Sir W. Parkins I could not get him till Thursday and I had no Body to send L. C. J. Holt If you had spoke to the Keeper he would have sent Sir W. Parkins I did it as soon as I could The Keeper was not always in the way It was Execution day and he was not at home that day L. C. J. Holt. You say you have divers Witnesses but name none How long is it since you were Committed Sir W. Parkins This Day Fortnight I was Committed A Fortnight ago My Lord. L. C. J. H. And the Commitment charges you with High Treason Were you not committed for High Treason Sir W. Parkins I never saw the Commitment Mr. Sollicitor Gen. My Lord he had fair time for he saw his Name in the Proclamation long before he was committed He might have prepared from that time L. C. J. H.

The Keeper dare not keep a Copy of the Commitment from you you might have had a Copy of it Sir W. Parkins No body was permitted to come to me if I had had it but the very Goaler Mr. Baker I gave Sir William notice of his Tryal and he said The Time was short and he would Petition for longer time I told him it was appointed for that time and that I did believe he would not have longer Time given him L. C. J. H. We do not see any Reason to put off the Tryal upon these Suggestions Sir W. Parkins My Lord it is very hard I humbly beg the Favour that I may have Counsel allowed me I have no skill in Indictments I have no understanding in these matters I beg your Lordship to assign me Counsel L. C. J. H. You are not ignorant that Counsel has always been refused when desired in these cases Sir W. Parkins Here is a new Act of Parliament lately made L. C. J. H. That Act does not yet commence Sir W. Parkins It wants but one day L. C. J. H. It is not in our Power to take notice of it sooner We cannot make it commence a day before the time Sir W. Parkins Will your Lordship please that it may be read L. C. J. H. You shall have it read if you will Sir W. Parkins If your Lordship please Then the Act was read accordingly L. C. J. H. Sir William This Law has no effect as yet but the Law stands as it did before the making of that Act. Sir W. Parkins It is reasonable that I should have Counsel L. C. J. H. But Sir William we must go according to Law Sir W. Parkins My Lord the Law is grounded upon Reason and I have had such short notice that I could not have time to prepare to make my Defence I hope that which will be Reasonable to morrow is so to day And no doubt your Lordship may Order it especially when your Lordship sees how straight it is upon me that I cannot make my Defence L. C. J. H. We cannot go against Law We cannot make a Law but must go according to it Sir W. Parkins But it is just and reasonable the Act savs L. C. J. Holt. The Parliament have thought fit to make such a Law to commence the 25th of this Month and it is not Law till the Parliament have appointed it to be Law and we cannot make it commence before Sir W. Parkins If I had had convenient Notice I had been within the Compass of that Act and there is no other Man can want the Benefit of that Act but my self L. C. J. Holt. We cannot alter the Law but are bound by our Oaths to proceed according to the Law that is in being at present Sir W. Parkins Pray my Lord may not the Trial be put off for some little time I am utterly unprovided for making my Defence L. C. J. Holt. You do not name any Witnesses that you want nor the time you can have them in Sir W. Parkins I will name both if you please my Lord. Mr. Att. Gen. You have had as much Notice as any have had L. C. J. Holt. You have had as much Notice as Sir John Friend had yesterday Mr. Att. Gen. And as much as is necessary even after the Act of Parliament takes effect Sir W. Parkins Sir J. Friend was charged with single Facts about the time and I am charged with many things much more particular than he was Mr. Sol. Gen. My Lord this Act does not meddle with Notice of Trial but it continues the same as it was before L. C. J. Holt. No nothing at all Sir W. Parkins My Lord I hope you will be my Counsel L. C. J. Holt. So we will and do you all the Right we can Then the Petty Jury impannelled for his Trial was called and the Prisoner was informed by the Court that he might challenge 35 without Cause shewn and as many as he would assigning a good Cause Accordingly the Prisoner amongst others challenged two assigning as a Cause that they were the King's Servants But he was told by the Court that that was no Cause of Challenge but the King's Counsel did not insist on that if there were enough besides And this was said that it might not go for a Precedent that this is a sufficient Reason for a Challenge The Twelve that were sworn were William Northee Tho. Edlin Edward Gold Robert Sanderson Daniel Thomas Ralph Marsh Henry Whitchcott Joseph Whiston Robert Bampton Tho. Ems of Stanhopp Tho. Sutton Nicholas Rufford After which Proclamation for Information was made in usual manner Cl. of the Cr. Sir W. Parkins Hold up thy Hand which he did You Gentlemen of the Jury look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Sir William Parkins c. for that he as a false Traitor c. where the Indictment was again read Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty Your Charge is to enquire whether he be Guilty of the High Treason whereof he stands indicted or not Guilty If you find him Guilty then you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since If you find him not Guilty you are to enquire whether he fled for it If you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it say so and no more Now hear your Evidence Sir W. Parkins My Lord. L. C. J. Holt. What say you Sir William Sir W. Parkins You were pleased to say that you would be my Counsel If your Lordship sees any Fault in my Indictment that may be any Advantage to me I desire your Lordship to inform me L. C. J. Holt I have read it and I observe none Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This Indictment does contain as heavy an Accusation as ever was brought against any one For it charges the Prisoner not only with the traiterous Design of subverting the Government and of killing the King but also it charges the Prisoner with designing an Invasion upon these Kingdoms and an Assassination of the King's Person The Indictment sets forth that the Prisoner did meet with Mr. Charnock and other false Traitors and there it was agreed how to procure some French Forces to land here in England and also to raise a Rebellion against his Majesty within this Kingdom Mr. Charnock was sent as a Messenger from the Prisoner and the rest over to the late King James to acquaint him with this bloody Design and to desire him to procure and borrow of the French King as many Forces as he could spare to make this Descent upon these Kingdoms and to facilitate his Descent they promised to get as many

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

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 increase 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 Hainous 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 PARKINS's 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 obliged 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 perswaded of the Justice of his Cause and looked upon it as my Duty both as a Subject and an English-man 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 Constitutions of my Country 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 William Parkins