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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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Parkins came in and told us the thing was discovered I said I cannot fancy it could be discovered for we could not have been there if it had been known and thereupon we resolved to go on with it again And I asked Sir W. Parkins if his Horses were in Town and he said they were to come that night Said I my Horses are one sick and another lame Said Sir W. Parkins if I had known that I could have brought more Horses out of the Country but just now I have sent to Mr. Lewis Master of the Horse to the Lord Feversham I believe he will help me to more Horses And I sent a note to Sir W. Parkins for two Horses to mount my men upon and he sent me two Horses and told me Mr. Lewis would help me to two or three more all three lusty Horses one was accoutred with Pistols and the other had only Saddles Mr. Attorn Gen. Did you see Sir W. Parkins Capt. Porter I did not see him the 22d Some of us did meet at the Blue Posts at Spring-Garden and having notice that the thing was discovered I went out of Town Mr. Attorn Gen. Have you ever heard that Sir W. Parkins had a Commission from the late King James Capt. Porter I heard Mr. Charnock ask him one Night why Scudmore and the rest would not go Said he they do not go because I do not go and I have other business to do I have a Regiment to look after Mr. Attorn Gen. Then the Prisonner was to be one of the number to Assassinate the King Capt. Porter Not in Person for he said he had other business to look after L. C. J. Holt. Mr. Porter how many Horses had you from Mr. Lewis Capt. Porter I had none but only Sir W. Parkins sent me word if I wanted any I might have three for I told him I would have none till I heard the King went L. C. J. Holt. Had you a Note for the three Horses Sir W. Parkins Not from me Capt. Porter Mr. Cranborn told me he had a Note I do not say I had a Note Mr. Att. Gen. Sir William will you ask the Witness any Questions Jury-man We are desirous to know whether at any of the Meetings the Discourse was to Assassinate the King Capt. Porter At all the Meetings L. C. J. Holt. Did Sir W. Parkins discourse of the Assassination himself What did he say when such Discourses were had Capt. Porter I cannot say particularly what he said But he agreed to it and said it was very necessary to be done in order to the bringing in the late King the more easily but he had other business to do and could not be there himself Mr. Attorn Gen. Will you ask him any Questions Mr. Baker Captain Porter stand down Then Adrian Sweet was sworn Mr. Sol. Mr. Sweet will you give the Court and Jury an account what Sir W. Parkins said to you about the late King James's landing Mr. Attorn Gen. What you know of the Prisoner relating to that and what Discourse you had about the late King James's landing Mr. Sweet He told me he did expect the late King James's landing this Summer and Sir W. Parkins did say his own Troop was composed of old Soldiers Mr. Attorn Gen. Let me ask you a little How long have you known Sir W. Parkins Mr. Sweet About three years Mr. Attorn Gen. What time was this Discourse Mr. Sweet About Christmas last Mr. Attorn Gen. Where was it Mr. Sweet At his own House Mr. Attorn Gen. What was it he said to you about this matter Mr. Sweet We were talking of the late King James's coming L. C. J. Holt. What did he say Mr. Sweet He said he had bought 30 Saddles and that his own Troop was composed of all old Soldiers Mr. Attorn Gen. But did he tell you of any Assurance he had of King James's landing Mr. Sweet Yes he said he had the King's word for it Mr. Attorn Gen. Was there any Discourse of his going into Leicestershire Mr. Sweet Yes he told me he was going into Leicestershire to meet some Friends and he did go for afterwards he told me he had met them and that all was well and that the West was as well inclined to K. James's Interest as the North and that a Lord's Brother was concerned Mr. Attorn Gen. What other Discourse had you about this matter Mr. Sweet Nothing more as to particulars Mr. Attorn Gen. What Orders had you to come up to Town why do not you tell it Mr. Sweet I will as soon as I can Sir W. Parkins sent me a Letter about the 11th of February that I should come to him the next day and I came the next day to Sir William into Norfolk-street Mr. Attorn Gen. Where was it Mr. Sweet At Mrs. Knoxes where Mr. Charnock lodged He told me the business he had designed for me he did not think fit I should do because of my Family Mr. Attorn Gen. What directions had you from him when you went into the Country Mr. Sweet He gave me orders to go to his Lady with Directions to send up three of his strongest Horses Mr. Attorn Gen. When was this Mr. Sweet In February about the 11th or 12th day And at my going away Sir W. Parkins told me if I had not a Letter from him the Friday following I should come to Town again and he askt me if I had made provision for my Family I told him I had not Thereupon he was angry and said I might go into the Country again then Mr. Attorn Gen. When was this Mr. Sweet Friday night or Saturday morning Mr. Attorn Gen. What day of the Month Mr. Sweet The 13th or 14th L. C. J. Holt. You say you came Wednesday the 11th Wednesday was the 12th Mr. Sweet I came on Friday night on Saturday morning I went home again Mr. Attorn Gen. But on Saturday morning who did you speak with Did you speak with Sir W. Parkins Mr. Sweet He left order I should come again at Eleven a Clock There I met one Chambers whom I saw the night before and one Lee. Mr. Attorn Gen. You saw them the night before Mr. Sweet Yes I saw them Mr. Attorn Gen. What discourse had you with them Mr. Sweet None but in the Morning Mr. Attorn Gen. What Discourse had you in the Morning Mr. Sweet Mr. Chambers told me he had been at Kensington and saw Sir William and shewed me his Wounds and said those Wounds were sore and called for Revenge Mr. Attor Gen. Where did he tell you he was wounded Mr. Sweet At the Boyn Mr. Soll. Gen. You say Sir William Parkins told you his Troop consisted of all Old Souldiers did he tell you what use his Troop was for Mr. Sweet I understood for what use he did not tell me Mr. Cooper Where did you Dine that Day Mr. Sweet I Dined with Sir William Parkins Mr. Charnock Mr. Chambers and one or two more that I did not know
Mr. Attor Gen. Sir William will you ask him any Questions Sir W. Parkins Did I tell you Mr. Sweet I had a Troop of Horse Mr. Sweet I will name your own words and no other you said your own Troop was composed of Old Souldiers L. C. J. Holt. How many Horses Mr. Sweet I do not hear L. C. J. Holt. How many Horses was you to bid his Man to bring to Town Mr. Sweet Three L. C. J. Holt. Was it three of his strongest Horses Mr. Sweet Yes my Lord three of his strongest Horses Mr. Attor Gen. Did he say any thing of Volunteers to joyn with him Mr. Sweet Yes he did say he knew some Old Officers who would be Volunteers and would go with him Sir Wil. Parkins Where were these words spoken Mr. Sweet In your Garden Sir Wil. Parkins In what County Mr. Sweet In Hartfordshire Sir Wil. Parkins Then my Lord I desire your Judgment whether words spoken in Hartfordshire will affect me here L. C. J. Holt. If there be a Design against the King and there be several Overt Acts some of them committed in one County and others in another the Party may be Indicted in either of the Counties and then the Overt-Act done in one County may be given in Evidence in the other And in this Case it is requisite there should be some Evidence of an Overt-Act in Middlesex as there is of several Meetings at several Taverns in Hatton-Garden at the Globe the Sun-Tavern and the Naggs-Head Now these Consults are Overt-Acts but still of the same Treason and if a Treason be committed in several Counties the Prisoner may be Indicted in any one of these Counties Sir W. Parkins Mr. Sweet you did not say that I told you I had raised a Troop or would raise a Troop L. C. J. Holt. But he does tell you farther he was with you and had Discourse with you in Norfolk-Street where you were in Company with Mr. Charnock and others Sir Wil. Parkins I do not observe that Mr. Sweet said any thing of me in NorfolkStreet Mr. Attor Gen. You told him that you had some particular business for him but that you would have pity upon his Family Mr. Attor Gen. Sir William will you ask him any more questions Sir Wil. Parkins No Sir Mr. Attor Gen. Call Ewbank He appeared and was Sworn Mr. Attor Gen. Do you know Sir William Parkins Mr. Ewbank I was his Servant a Groom to him Mr. Attor Gen. For how long Mr. Ewbank Not a Twelvemonth Mr. Attorn Gen. Give an account what Journey you took with Sir William Parkyns about Christmas last Mr. Ewbank In January last I went with him into Leicester Shire We went from his own House at Stony-Stratford and lay there all Night Mr. Attor Gen. What time was this Mr. Ewbank I do not know what time exactly Mr. Attor Gen. What Day of the Week Mr. Ewbank On Thursday Mr. Attor Gen. Whither did you go from Stony-Stratford Mr. Ewbank The next Night we went to Leicester Mr. Attor Gen. And what Gentlemen went with him Mr. Ewbank One Captain Scudmore Mr. Attor Gen. You went the next day to Leicester how long did you stay Mr. Ewbank 'Till Sunday Morning Mr. Attor Gen. What Company did you observe came to him Mr. Ewbank I knew none of them I was never there before there was one Yarbury his Man said Mr. Attor Gen. Whence came he Mr. Ewbank Out of Yorkshire Mr. Attor Gen. Was there another Mr. Ewbank There was one in black Cloaths they said he was a Minister Mr. Attor Gen. Did you see any other Mr. Ewbank I was much about my Horses I knew no body there Mr. Attor Gen. But did you see any body come Mr. Ewbank It was Market day and several came up and down Stairs whether they went to my Master or no I cannot tell Mr. Attor Gen. Whither did you come when you came back from Leicester-shire Mr. Ewbank To a Town called Susa Mr. Attor Gen. When came you back to Bushy Mr. Ewbank The Night following Mr. Attor Gen. Who came with you Mr. Ewbank Captain Scudmore Mr. Attor Gen. What time did you come back Mr. Ewbank About Eight a Clock on Monday Night Mr. Attor Gen. After this when did you bring up Horses to the George Inn for your Master and how many Mr. Ewbank Three Horses Mr. Attor Gen. What time was the first Mr. Ewbank Sometime after that I do not know exactly Mr. Attor Gen. What day of the Week Mr. Ewbank Upon Friday Mr. Attor Gen. What Month was it in Mr. Ewbank I do not remember Mr. Attor Gen. Was it Valentine's day Mr. Ewbank Yes my Lord. Mr. Attor Gen. Where did you bring them Mr. Ewbank To the George-Inn Mr. Attor Gen. Where Mr. Ewbank In Holbourn Mr. Attor Gen. Were there any Pistols Mr. Ewbank No they were left in Town Mr. Attor Gen. Where were they left Mr. Ewbank I do not know Mr. Attor Gen. When you came to Town with those three Horses did you go to your Master presently and acquaint him with it Mr. Ewbank Yes I did L. C. J. Holt. What said he Mr. Ewbank He said he thought he should go home that Night Mr. Attor Gen. Did he go home or did he change his mind Mr. Ewbank We did not go 'till Monday Mr. Attor Gen. Did he say he should go on Saturday Mr. Ewbank He then said he would go home that Night Mr. Attor Gen. When did he go Mr. Ewbank On Monday Mr. Attor Gen. Who went with him Mr. Ewbank Major Homes a fat thick Man Mr. Attor Gen. He went home with him on Monday did he Mr. Ewbank Yes Sir Mr. Attor Gen. When did he come to Town again Mr. Ewbank On Friday Morning Mr. Attor Gen. How many Horses did you bring up then Mr. Ewbank Four Horses Mr. Att. Gen. Who came with him then Mr. Ewbank Major Homes and I and another Servant Mr. A 〈…〉 How were those Horses furnished 〈◊〉 〈◊〉 With Pistols every Horse had Pistols Mr. Att. Gen. How were they furnished besides Mr. Ewbank Nothing besides Mr. Att. Gen. Did you bring any Boots Mr. Ewbank None Mr. Att. Gen. Where did you leave those Horses on Friday Night Mr. Ewbank At the George Inn. Mr. Att. Gen. What Directions had you from your Master that Night to go any where the next Morning Mr. Ewbank One came to me and said I must go to Kensington to one Brown Mr. Att. Gen. Tell whom you were to go to Mr. Ewbank To one Brown Mr. Att. Gen. What did he tell you that Brown was Mr. Ewbank He ordered me to go to such a place L. C. J. Holt. What place Mr. Ewbank To a House within a Door or two of the Gate that goes to the King's House to one Brown Mr. Att. Gen. Did he say he belonged to the King's Kitchin Mr. Ewbank The Man lay there and the Man where he lodged belonged to the King's Kitchin Mr. Att. Gen. What was your Message Mr. Ewbank It was that
Men to be sent over into England Mr. Charnock that was then in the Company was agreed upon among them to be the Messenger to go over to King James He accepted of it on their Promise that they would raise among themselves 2000 Horse to meet King James at such time as he should Land This being at that time determined and Mr. Charnock having accepted of the Employment by what I perceive the Messenger did make a preparation to go forward A few days after this about a Week or thereabouts there was another Meeting at which most of the same Persons were that were present at the former and among them Sir William Parkins was one And this was at one Mrs. Mountjoy's House that keeps a Tavern in St. James's Street● There they did discourse of what they had formerly agreed upon and did consider whether or no they should proceed in that Design that was before resolv'd upon in the former Meeting And they did all of them agree to persevere in the same Design and did determin that Mr. Charnock should go over with that Message Accordingly Mr. Charnock did go for Mr. Porter met him afterwards about five or six Weeks after and Mr. Charnock told him he had been there and that he had been with those several Gentlemen that were at those Meetings and had acquainted them with the success of his Errand which was that King James did tell him That at that juncture of time the French King had such occasion for his Forces that he could not that Year furnish him with them So that is one thing proved by Mr. Porter against Sir William Parkins in which Mr. Porter is very peremptory and positive But then Mr. Porter tells you further That there was a design of Assassination set on foot and that Sir George Berclay was engaged in it who about the latter end of January last or the beginning of February was sent over hither with a Commission from the Late King James Sir George Barclay and Sir William Parkins Captain Porter and divers others had several Meetings in several Places at the Globe Tavern in Holbourn the Nag's Head the Sun Tavern in the Strand and other Places And at these Meetings it was taken into consideration which was the best and most effectual way to bring about their Design to restore King James And it was agreed among them all That the best course that could be taken was to kill King William And at all these Consults at which these Resolutions were taken Sir William Parkins vvas present And when Mr. Porter was asked whether Sir William Parkins did consent to that Resolution he says he said he thought it very convenient This is Sworn by Mr. Porter This design of the Assassination being so resolved upon the next thing was how it might be effected And there were several ways that were proposed One way was to Assassinate him on the other side of the Water the King going frequently once a Week a Hunting when he had a mind to Divert himself using to come back in the Evening Then it was proposed to do it by falling upon the Guards on this side of the Water The place not being agreed on where it should be done they did send it seems three Persons to view the Ground there was Mr. Porter Mr. King and one Knightly So some days before the 15th of February these Persons viewed the Ground and having viewed the Ground they returned in the Evening to a Tavern where these Persons met together Mr. Charnock Sir George Berclay Sir William Parkins and they made their Report upon the view of the Ground And upon that Report those Persons made it was then agreed That the Attempt should be made on this side of the Water that is in a Lane that the King was to come through a Lane between Turnham Green and Brentford And when the Attack was to be made thereabouts Sir William Parkins was to furnish five Horses whereof three were to be mounted by Men of his own providing the other two by Men of Mr. Porter's providing It was Mr. Porter Mr. Charnock and one Rookwood that were to be principally engaged and the number of Men were to be about Forty or somewhat more And Sir George Berclay with his Party were to Attack the King in his Coach while Rookwood and the other Party fell upon the Guards Well the time agreed upon at first was Saturday the 15th of February that day it was expected the King would go out a Hunting and there were two Men Planted at Kensington and they were to give notice when the King went and those Persons were to go and lye in small Parties thereabouts and when notice was given that he was out they were to make the Attack But it seems this Design was disappointed by the King 's not going abroad that day so they lost their end at that time But it seems notwithstanding this the Design was not at an end they were not so discouraged at this disappointment but they did agree to make another Attempt And there was another Meeting that Captain Porter tells you of And that was on Friday following the 21st of February at the Sun Tavern in the Strand if I mistake not And at that Meeting was Sir William Parkins Sir George Berclay and Rookwood And they did agree to do the Business the next day in the same manner and method they formerly had agreed to Sir William Parkins was not to be one himself tho he was to provide others You are told further that Captain Porter having the misfortune to have two of his Horses fall Lame he acquainted Sir William Parkins with it and Sir William Parkins promised to help him to two more and Mr. Lewis was to furnish them You are told further that before this Sir William Parkins sent to Mr. Sweet to come to Town he sent to him about the 11th of February Mr. Sweet comes to Town about the 12th of February there he had Discourse with him and tells him he had some Work for him and ask'd him how he had left his Family whether he had settled his Family No says Sweet Then says Sir William Parkins you are not fit for that Employment that I intended for you you may go out of Town again Then he comes the Friday following then his Groom was to bring some Horses to Town and he does bring four to Town Then Mr. Sweet came to Town and on Saturday Sir William Parkins says that he would go out of Town that Afternoon but he stayed till Monday and then he went out of Town Friday following the Horses came to Town again and were set up at the George Inn. The next day was to be the Assassination Mr. Lewis was to furnish Mr. Porter with two Horses five Horses were to be furnish'd upon Sir William Parkins's account and five Horses Sir William Parkins had there at that time This is proved to you by the Hostler Then Mr. Lewis himself comes on Saturday
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.
told him he had seen it but I would not offer that as an Evidence against the Prisoner But Captain Porter says Sir William Parkyns said he had seen it and said it was written with King James's own Hand And Mr. Porter says they had meetings at several places and he names you the places where the Nags 's Head Tavern the Sun Tavern in the Strand the Globe Tavern in Hatton-Garden and particularly that it was agreed that Mr. King that was executed and Mr. Knightly and himself should go and view a place that was most proper for the Assassination and they were to come and give an account what place they thought most proper And that accordingly they did go to view a place and came home at Night and met at the Sun Tavern in the Strand and Sir William Parkyns was there and there they gave an account what place they had viewed that was proper and all agreed to it He says indeed that Sir William Parkyns was not to execute this design in Person but one Scudmore was to be a Man to be employed And Sir William Parkyns did say it was very necessary to be done for that it would facilitate the introduction of K. James There is likewise concurring Evidence with Captain Porter he says that Sir William Parkyns was to procure five Horses three for himself to mount Men upon two to lend Mr. Porter to mount Men upon and if there were further occasion for Horses he could procure them from one Mr. Lewis Gentleman to the Lord Feversham Accordingly we have produced you three Witnesses Freeman Tartle c. and they give you an account that upon Friday the day before the fixt day designed for the Assassination there did come three Horses to Town from Sir Will. Parkyns but the business being put off upon a disappointment they were sent out of Town again to return the Friday afterwards the day before the Discovery Then four Horses were brought to Town and a fifth Horse was borrowed of this Lewis a Roan Gelding Sir Will. Parkyns Pray Sir observe what sort of Horses they were what heighth Mr. Soll. Gen. They were about fourteen hands high Sir William so four were brought to Town and the fifth was brought from Somerset-House so that there were the five Horses Captain Porter speaks of three whereof were to be mounted by Sir William Parkyn's own Men the other two were to be lent to Captain Porter to mount his Men. And this is concurring Witness to Captain Porter's Evidence and it is very near two Witnesses to prove this Species of Treason And then Captain Porter goes further and he proves that Sir William told him that he had a Commission to raise a Regiment of Horse and that he was providing so to do Then we call Mr. Sweet and he gives you an account that he had been acquainted with Sir William Parkins for three Years past and that talking with him about the King his present Majesty and sometimes about K. James he says the King was to Land very speedily and that he had a Troop consisting of old Soldiers and several Voluntiers to follow him He said he was to take a Journey into Leicester-shire and accordingly he went And when he return'd he told him he found the West as well inclined as the North. And this is all the Evidence we produce from Mr. Sweet Then to prove he did go into Leicester-shire we produce his Servants that he did go accordingly and met with several Persons What was done there they cannot prove but they corroborate Mr. Sweet's Testimony that he did go and we have all the reason to believe he went upon that design that Mr. Sweet said he did Then as a further concurring Evidence that he was to raise a Regiment or a Troop whether a Troop or Regiment is not material here is the matter of his Arms. There were four Dozen of Swords found in his House thirty two Carbines and five and twenty Cases of Pistols these were hid in his Garden We have trac'd these Arms and find they were sent from his House to Mr. Heywood's But there he thought they did not lye very safe therefore Sir William Parkins sent for them very privately and they were brought back to his House and there they were buried The same Person says he saw them taken up afterwards so that they were one and the same Arms that he sent away and that were afterwards buried in his House So that this is a concurring Evidence with what Mr. Sweet says and with what Captain Porter says And these are three Witnesses to that Treason he had a Commission to prosecute Now against all this he makes but very small Objection For the matter of two Witnesses he has been over-ruled by the Court. For the Arms he says they were in his House and he found them there when he came there first But of this he has no manner of Evidence But if they had been there when he came how came he at this time to secret them Why might they not have been as publick now as before He might have kept them and given some Reason why he did so But when he gives no manner of Reason why he secreted them he gives you a just Suspicion that they were for that end for which the Witnesses say they were designed that is to Arm that number of Men he was to raise that were to be ready to assist King James when he came to Land here So that if you believe what the Witnesses have sworn I think with Submission you cannot but find him guilty of the Crimes for which he stands Indicted Mr. Cooper My Lord Sir William Parkins has given us a good Caution which I shall take care to observe that is not to strain either Fact or Law to his Prejudice But my Lord when a Crime of this nature is so far proved against the Prisoner as no Man can acquit him in his Judgment then I think it is good Service to the Publick to make it so plain as to be out of doubt to the Juries Conscience and Satisfaction of all that think themselves concern'd in this Crime and that it is worth their while to hear this Tryal My Lord Sir William Parkins his Indictment is divided into Two Parts one that accuses him for Assassination The other to invite the French into this Kingdom and to meet them with an Armed Force For the first part I must do him that right there is but one positive Evidence for his being concern'd in the Assassination But that Evidence says he agreed to it in several Meetings and in one that he said it was necessary in order to the other Design he was ingaged in and that it would facilitate the Descent of the late King James into this Kingdom But that one Evidence is confirmed by several concurring Circumstances By his sending for his Horses to Town the day before the first Saturday that the King was to be Assassinated By his sending