said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Sovereign Lord the King that now is in the War aforesaid and to stir up and procure those Enemies the more readily and boldly this Kingdom of England to Invade the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir William Parkyns aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform and the Invasion aforesaid to render and make the more easy you the said Sir William Parkyns afterwards to wit the 10th day of February in the year abovsaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County Falsly Maliciously Advisedly Secretly Traiterously and with Force and Arms with the aforesaid Robert Chernock and very many other false Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree him our said Sovereign Lord the King that now is by lying in wait and deceit to Assassinate Kiill and Murder and that execrable abominable and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same day and year there Traiterously you did Treat Propose and Consult with those Traytors of the Ways Methods and Means and the Time and Place where when which way and how our said Sovereign Lord the King so by lying in wait the sooner might be Killed and Slain and did Consent Agree and Assent with the same Traytors that Forty Horsemen or thereabouts of those Traytors and others by them and you the said Sir William Parkyns to be Hired Procured and Paid with Guns Carbines and Pistols with Gun-Powder and Leaden-Bullets Charged and with Swords Rapiers and other Weapons Armed should lie in wait and be in Ambush our said Lord the King in his Coach being when he should go abroad to Attack and that a certain and competent number of those Men so Armed should set upon the Guards of our said Lord the King then and there attending him and being with him and should Over-power and Fight with them whilst others of the same Men so Armed him our said Lord the King should Kill Slay and Murder and that you the said Sir William Parkyns then and there did take upon you to provide Five Horses for those Men which should so kill and murder our said Sovereign Lord the King And also that you the said Sir William Parkyns your Treasons and all your Trayterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the Day and Year last abovesaid at the Parish aforesaid in the County aforesaid Divers Horses and very many Arms Guns Carbines Rapiers and Swords and other Weapons Ammunition and Warlike Things and Military Instruments falsly maliciously secretly and Trayterously did obtain buy gather and procure and to be bought obtained gathered and procured did cause and in your Custody had and detained with that Intention them in and about the detestable abominable and execrable Assassination Kiliing and Murder of our said Lord the King and the Invasion aforesaid as aforesaid to use employ and bestow and also your Treasons and all your Traiterous Intentions Purposes and Contrivances aforesaid to execute perpetrate fulfil and fully bring to effect you the said Sir William Parkyns afterwards to wit the day and year last abovesaid at the Parish aforesaid in the County aforesaid Falsly Malitiously Advisedly Secretly and Traiterously divers Soldiers and Men Armed and ready to be Armed after the said detestable abominable and execrable Assassination Killing and Murder of our said Sovereign Lord the King so as aforesaid should be done perpetrated and committed to Rise and Muster and War and Rebellion within this Kingdom of England to make and wage and with the Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to Invade this Kingdom of England at and upon their Invasion and Entrance into this same Kingdom then expected to be shortly made themselves together with you the said William Parkyns to Join and Unite and into Troops and Legions to form you did Levy List and Retain and did procure to be Levied Listed and Retained and those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and afterwards in Readiness you had Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Grown and Dignity As also against the Form of the Statute in this Case made and provided How say'st thou Sir William Parkyns Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Parkyns Not Guilty Cl. of Arr. Culpritt How wilt thou be Tryed Parkyns By God and my Country Cl. of Arr. God send thee good Deliverance Parkyns My Lord If your Lordship pleases to favour me with a Word or two L. C. Just Holt. Aye What say you Sir Parkyns My Lord I have been kept in hard Prison ever since I was Committed no Body has been suffer'd to come to me till Fryday last then my Counsel came to me and being charg'd with many Facts as I see in this Indictment it will be necessary to have divers Witnesses to clear my self of these Particulars they are dispers'd up and down and I have had no time to look after them and therefore I beg your Lordship to put off my Tryal till another Day L. C. J. Holt. When had you first notice of your Tryal Parkyns The first Notice of my Tryal was on Wednesday last in the Afternoon L. C. J. Holt. That is a sufficient time of Notice sure you might have provided your Witnesses and prepar'd for it by this Time Parkyns But my Lord being kept so close Prisoner I had no Opportunity for it for it was not possible for me to get any Body to come to me till Friday Noon not so much as my Counsel and then there was but Two Days Saturday and Monday for Sunday is no Day for any Business and it is impossible for me to be ready in the Manner that I ought to be It is a perfect Distress and Hardship upon me to be put so soon upon my Tryal without my Witnesses and what should enable me to make my Defence therefore I humbly intreat your Lordship to put it off till another Day L. C. J. Holt. What Witness do you want Sir William Parkyns I have divers Witnesses my Lord that can give an Account where I was from Time to Time but they are many of them out of Town and I have sent about every way but cannot get them together in so short a Time L. C. J. Holt. When had he Notice of his Tryal Mr. Baker On Wednesday I told him that he must expect to be try'd this Day and withal that if
less he came back again and brought an account of his Message to those Gentlemen that sent him This was in May or June last and so the further prosecution of the Design ceast at that time But Gentlemen the last Winter it was revived again and attempted and carried on very near to the obtaining a fatal Success And you will hear that the Prisoner at the Bar Sir William Parkyns has had too great a hand and been a very great Instrument in both the Parts of this wicked Conspiracy and Treason not only in the Invasion which he with others sent the Messenger over to pocure but also in the other part the blackest part even the Assassination of the King's Person About January last Sir George Barclay a Lieutenant of the Guards to King James in France was sent over into England to ingage Persons to joyn in the Conspiracy and Assassination and for his Assistance there were sent over with him and before and after him some 20 Troopers of the late Kings that were his Guards in France And Sir George Barclay to incourage the Persons that were to joyn and whom he had brought over with him pretended an Authority to justifie it that is a Commission from the late King James and he Communicates this Design to Mr. Chernock Mr. Porter and several others and amongst the rest to the Prisoner at the Bar Sir William Parkyns having a great Confidence in him and did acquaint him he had such a Commission and he shewed it him and that Commission was to levy War against the King's Person which they took to be a sufficient Authority for them to Assassinate the King's Person Gentlemen in order to the accomplishing this horrid Conspiracy there were several Meetings and Consultations had at which the Prisoner at the Bar was present and very active Sometimes they met at Capt. Porter's Lodgings at another time at the Naggs-head in Covent-Garden at another time at the Sun in the Strand and another time at the Globe in Hatton-Garden in order to accomplish this Design And at these Meetings you will hear they did propose several ways and methods for the execution of it and several Persons particularly one of them that have suffered the Punishment of the Law for this were appointed to go and view the Ground where the King's Person might most conveniently be assaulted Mr. King that was Executed for it was one Capt. Porter was another and one Knightly was the third and these did go to see the Ground And the day before they went there was a Meeting at which was present the Prisoner at the Bar and others wherein 't was concluded upon that they should go and they went accordingly to see the most convenient place for it They went to Brentford and afterwards to the other side of the Water to Richmond and survey'd all the Ground and the Place they pitch'd upon as the most proper for their purpose was when his Majesty should Return from Hunting to do it in the Lane betwixt Brentford and Turnham-Green And accordingly when they return'd in the Evening they came by appointment to the place where the rest of the Accomplices were to meet at the Nagg's-head Tavern in St. James's and gave an account of ther Proceedings and at that Meeting likewise was Sir William Parkyns the Prisoner at the Bar Mr. Chernock and several others and upon the Report of Capt. Porter and Mr. King's Expedition they did Resolve the thing should be done in that place and that it should be done in this manner Sir George Barclay with about 8 or 10 in his Party who were to be chosen out of all the other Parties were to assault the King's Coach and endeavour to kill the King and all the rest that were in the Coach with him whilst the others in two Parties were to attack the Guards the number in all was to be about 40. This was fully agreed upon And Gentlemen the first time that they Resolved to put this Traiterous Design in Execution was the Fifteenth of February which was a Saturday the usual day that the King was wont to go a Hunting in but it hapned by great Providence that the King did not go abroad that day They had contrived further to make the thing sure that there should be two Persons whom they called orderly Men who should be placed at Kensington to give Notice when the King went abroad and Chambers was one and Durance that was a Fleming was another and Durance was likewise imployed to view the Inns about Turnham-Green and Brentford for the lodging of their Men who were to be placed two or three in an Inn that they might not be observed Gentlemen the first Day appointed for the accomplishing this Design which was the 15th of February being over and they disappointed yet they did afterwards resolve to go on and execute it And the next Saturday which was the 22th of February was pitched upon for the time of Execution and accordingly on Friday the 21th of February the day before there was a Meeting at the Nag's-head in Covent Garden and there was present Sir George Barclay Capt. Porter and several others and amongst the rest the Prisoner at the Bar was there they had at first some Discourse among them that they were in doubt because of the first Disappointment whether there had not been some Discovery but that Doubt was soon over for it was said it could not be so for then they should not have been there together That seemed probable and the Disappointment was imputed to some Accident and that gave them new Assurance to go on and they were resolved to do it in the same manner as they had formerly resolved on the next Day which was Saturday Gentlemen at that Meeting Mr. Porter acquainted them that he had the Misfortune to have some of his Horses fallen sick or lame and he acquainted the Prisoner with it and Sir William Parkyns was careful to supply him with other Horses and told him he could get a Note from one Lewis who I think is Major of the Horse to my Lord Feversham to get three Horses and accordingly he did send a Note for three Horses to Mr. Lewis Upon the 22th of February in the Morning which was the time for the Execution of this bloody Conspiracy they had met together and resolved to go on with it and put it in Execution and they had Notice from Chambers that the King did go a Hunting that Day and there was great Joy among them all thinking themselves sure and so they ordered all things to be got ready But afterwards about One a Clock there came other News that the King did not go abroad but the Guards were all come back in great haste their Horses being all of a Foam and the King's Coaches were sent back to the Mews then they began to be in a great Consternation and they thought the thing had taken Air and was discovered This Gentlemen is a short Account
and he would not go out of Town in the Morning but he would go in the Afternoon and it will appear that he did not go out of Town that Day nor the next Day nor till Monday and then the Design had miscarried by the King 's not going abroad a Saturday and the Horses were carried back and when he went out of Town upon Monday one Holmes went along with him and he went with him to his house in Hartfordshire and there he staid until Fryday after which was the Day before the next time that was appointed for the Execution of the Assassination And upon the Fryday they came up again and then there were more Horses 4 or 5 that were brought up that Day and all of them with Pistolls and Jack Bootes and other Furniture and Accoutriments for Troopers and these came to the George Inn where Sir Wil. Parkins gave his man Eubank perticuler Orders to be very early the next Morning at Kensington that was the 22d and he was to go as he told him to one Brown that he said was Concern'd in the Kings Kitchin and Liv'd 2 Doors off the Gate that turns up to the Kings house and he was to tell him he was Sir W. Parkins's servant but that he came from a man that Lodg'd at a Confectioners house over against Grays Inn in which place by the Description of the person you will find Sir Geo. Barclay lodged The man went accordingly at 8 a Clock in the Morning to Kensington and inquir'd out this Brown and met with him and told him he was Sir W. Parkins's servant but came from the Gentleman that Lodg'd at the Confectioners in Holbourn Brown said he had nothing to say to him but bid him give him his Almanack and he writ in it that he wou'd be in Town in 2 hours himself and wait upon him And bid him carry that to the man that lodg'd at the Confectioners and this Brown by the Circumstances of the whole must probably be one of the Orderly men who lodg'd at Kensington to give notice when the King and the Gurds went out Sir Wil. Parkins's servant came back to the Confectioners house and there he met with a man that went by the name of Rogers he 'll tell you he was a Scotch man for he spoke broad Scotch and he 'll give you a particular Description of the man by which I believe it will appear that it was Sir Geo. Barclay Sir Wil. Parkins's servant after he had Deliver'd his Messuage to this Rogers came back to his Master and told him he had done his Errand according as he was order'd and Sir Wil. Parkins ask't him what Rogers said and he told him that he bid him tell his Master if he wou'd come to him he wou'd be ready at home for him This was upon Saturday Morning the 22d of February About 11 a Clock that day Sir Wil. Parkins and this Lewis that we spoke of before came to the George Inn and there Sir Wil. Parkins ask't his servant whether he had receiv'd any more then 2 Sadles for there were 2 Sadles sent in thither according to an order that hath been given to furnish two other Horses that stood their at the George Inn and which Sir W. Parkings told his Groom belonged to two Friends of his and bid him besure to take care of them and to see them well fed and order'd 2 Sadles to be bought for them Lewis said he did think they had more then two but you will see by the Evidence that this same Lewis had provided 30 Sadles for Sir Wi. Parkins but there seem'd to be a Controversy between them and that time how many had really been sent in and Lewis affirm'd there was 24 but Sir W. Perkins said I have had but 22 of the 30 yet for I have but 2 brought in here and I had 20 before This you will hear fully prov'd and I think it is Impossible for any body to believe but that all this preparation of Sadles Pistols Boots and other things must Convince any body of the Prisoners being so far Ingaged in this Design that he can never Answer it without giving you a very good Account what this preparation was for Gentlemen a great part of this will be prov'd to you by one that Acted in it as a servant to Sir W. Parkins that is as to the comming up of the Horses Jack Bootes Pistols and other Arms at that time and that when on the last Saturday it was Disappointed all the Horses not only those Sir W. Parkins brought but the other two went away in a great Hurry and Confusion and nothing was ever heard of them more and that will be prov'd by the Servants in the very Inn. Gentlemen I have now open'd to you the nature and state of the Evidence we will call our Witnesses and make it out very undeniably and Substantially and therefore I will not give you any further trouble Mr. Sol. Gen. Call Mr. Porter who was Sworn Mr. Porter pray will you give the Court and the Jury an Account of the meeting at the Kings Head in Leaden hall street and who was there and what Resolutions and Agrements they came to Capt. Porter About the latter end of May last or the begining of June there were two meetings had the one was at the Kings Head in Leaden hall street the other was at Mr. Mountjoyes near Sir John Fenwicks At the First meeting there was my Lord of Aylesbury my Lord Montgomery Sir J. Friend Sir W. Parkins the prisoner at the Barr Sir J. Fenwick Capt. Chernock Mr. Cook and my self Mr. Goodman came in after Dinner and there we Consulted which was the best way for King James's coming in and we all Resolv'd to send a Messenger to him to to Invite him over and to desire him to Interpose with the French King for the Getting 10000 men to come over with him 8000 Foot 1000 Horse and 1000 Dragoons It was then Consider'd who shou'd be sent and all the Company agreed Mr. Chernock was the properest person Says Mr. Chernock if you send me pray tell me what Errant I shall go upon We did likewise then agree that he should assure the King if He would come over at such a time we would meet Him with a body of 2000 Horse Mr. Att. Gen. Did Chernock undertake to go upon that Message Cap. P. Yes he Did and to propose this matter to Him that He might propose it to the French King for the getting of the men Mr. Sol. Gen. Before you go away I Desire to ask of you one thing Did Sir Wil. Parkins the Prisoner at the Bar agree to the Message Capt. P. Yes he Did. Mr. Sol. Gen. Had you any other meeting about this business and when was it and who was there Capt. P. My Lord Capt. Chernock said at first he would not go of a foolish Message and thereupon we all agreed to be at the head of 2000 men to meet
into Leicestershire and was to meet several Gentlemen in Leicestershire and he did go and after he came back again he said he had met his Friends and all was well and that the West was as much inclin'd to King James's Interest as the North and that a Lords Brother was concern'd Mr. Att. Gen. What other discourse had you about this matter Sweet Nothing else as to particulars that I can remember Mr. Att. Gen. What Orders had you to come up to Town in February and when and from whom Sweet Sir Will. Parkyns sent for me and he sent me a Letter about the 11th of February that I should come to him the next day and I did come the next day Mr. Att. Gen. Whether did you come Where did you find him Sweet At his Lodgings in Norfolk-street at the House where Mr. Charnock lodg'd and after I had spoken with Sir William Parkyns about the Letter which he had sent me to come up he told me that the Business that he had design'd for me he did not think fit I should do because of my Family Mr. Att. Gen. Pray what directions had you from him what you were to do when you came into the Countrey Sweet When I went into the Country he order'd me to go to his House and send up three of the strongest Horses Mr. Att. Gen. When was this do you say Sweet It was in February Mr. Att. Gen. What time in February Sweet The Eleventh or Twelfth which was Wednesday and at my going away he told me if I had not a Letter from him the Friday following I should come to Town again I did come to Town again and then he ask'd me if I had made Provision for my Family I told him no then he ask'd me why I came up to Town he told me I might go into the Country again on the morrow morning L. C. J. Holt. What did he tell you Sweet He said I might go back again into the Country I came upon the Saturday morning to him Mr. Att. Gen. Pray what day was that Saturday Sweet I believe it was the 13th or 14th of February Mr. Att. Gen. You say Wednesday was the 12th Sweet Yes I believe Wednesday was the 12th and I came to Town the Friday after that 12th that was the 14th and on the Saturday I went home again Mr. Att. Gen. You say you came to him on the Saturday morning what pass'd betwen you then Sweet I went the next morning to Sir Will. Parkyns's Lodgings but he was gone out and had left word that I must come again about Eleven of the Clock I did go about that time and he was not come in and there I met one Mr. Chambers and one Mr. Lee whom I had seen there the Night before Mr. Att. Gen. And what Discourse had you then with them Sweet We had little Discourse for I had only seen them the Night before but I think Chambers told me he had been at Kensington and I desired to know what News there and he told me William kept as close as a Fox and he shew'd me his Wounds and he said those Wounds wanted Revenge Mr. Att. Gen. Where did he say he receiv'd those Wounds Sweet At the Boyne Mr. Soll. Gen. Pray Mr. Sweet did he tell you for what use his Troop was Sweet He did not tell me positively but I understood it to be to joyn King James when he landed Mr. Soll. Gen. Pray Sir where did you dine that Saturday Sweet With Sir Will. Parkyns and Mr. Charnock and Chambers and one or two more that I did not know Mr. Att. Gen. Will you ask him any Questions Sir William Parkyns Did I tell you Mr. Sweet that I had a Troop of Horse Sweet I will tell you your own words and no other you said Your own Troop was compos'd of old Soldiers L. C. J. Holt. Pray let me ask you one Question How many Horses were you to bid the Man to bring up to Town Sweet Three My Lord. Mr. Att. Gen. And were they not his strongest Horses Sweet Yes My Lord they were Mr. Att. Gen. Did he say any thing to you about Voluntiers Sweet Yes he said there were some Gentlemen that were Captains and old Officers that would be Voluntiers under him Parkyns Pray Sir where were these words spoken Sweet Either in your own House or in the Garden I can't tell directly which but some where about your House it was Parkyns Where is that House Sweet In Hertfordshire Parkyns Then I am in your Lordships Judgment whether words spoken in Hertfordshire can be an Evidence of a Treason acted here in Middlesex L. C. J. Holt. Sir Will. Parkyns if there be a Design to kill the King and there are several Overt-Acts to prove that Design and one is in one County and another is in another County the Party may be indicted in either of the Counties and Evidence may be given of both those Overt-Acts tho in several Counties It is true you being indicted in Middlesex makes it necessary that some Evidence should be given of some things done in Middlesex as there is as your meeting at Mr. Mountjoyes and at the Nags Head in Covent-Garden and the Sun in the Strand where were several Consults which are Overt-Acts of the same Treason and if Treason be â—â—mmitted in several Counties the Party may be indicted in any one and the Evidence may be givâ—â—â—f Facts done in all Parkyns Then Mr. Sweet you do not say that I had raised a Troop o◠〈◊〉 raise a Troop Sweet I told you your own words that your Troop was made u◠〈◊〉 Soldiers L. C. J. Holt. But yet I must tell you further Sir Will. Parkyns if I remember right there is Evidence given of a Discourse you had in Norfolk-street where you lodg'd and that is in Middlesex Parkyns My Lord I did not observe that he said any thing of me about Norfolk-street Mr. Att. Gen. Yes this is what he says You told him you had thought of a Business for him but you would not engage him in it because of his Family Parkyns Pray Mr. Sweet Did I tell you any thing what you were to do Sweet No Sir you did not Parkyns I hope the Jury will take notice of that I did not tell him any thing that he was to do L. C. J. Holt. Well that was no great matter VVill you ask him any more Questions Sir Parkyns No My Lord. Mr. Soll. Gen. Then our next VVitness is James Eubank Who was Sworn Mr. Att. Gen. Do you know Sir Will. Parkyns Eubank Yes he is my Master Mr. Att. Gen. VVhat Servant were you to him Eubank I was Groom to him Mr. Att. Gen. How long have you been his Groom Eubank Not a Twelve-month yet Mr. Att. Gen. Pray first give an account what Journey you took with him Eubank I went into Leicestershire with him Mr. Att. Gen. Pray tell us what you know of that matter Eubank Yes my Lord. VVe went from our
own House to Stony-Stratford and there we lay all night Mr. Att. Gen. VVhat time was this Eub. I cannot tell the day of the Month it was in January Mr. Att. Gen. VVhat day of the VVeek was it Eubank It was on a Thursday Mr. Att. Gen. And where did you go from Stony-Stratford Eubank VVe came the next day to Leicester Mr. Att. Gen. VVho went with him Eubank One Capt. Scudamore Mr. Att. Gen. How long did you tarry at Leicester Eubank VVhen we came the next day to Leicester we staid there till Sunday morning Mr. Att. Gen. VVhat Company came to your Master when he was at Leicester Eubank Sir I am Stranger I know none of them I was never there before Mr. Att. Gen. Can you remember whether there was one Yarborough there Eubank There was one that said his Name was Yarborough Mr. Att. Gen. VVhence did he come Eubank He said he came out of Yorkshire Mr. Att Gen. VVho came with him Eubank There was a Gentleman in black Cloaths that said he was a Minister Mr. Att. Gen. Did you observe any others that came thither to your Master Eubank It was Market-day and I had my Horses to look after there were a great many People went up and down Stairs but whether they went to him or no I can't tell Mr. Att. Gen. VVhen did you come back again Eubank VVe staid there till Sunday morning and then we came away Mr. Att. Gen. To what place did you go that night Eubank To a Town call'd Brickhill and the night following we came home Mr. Att. Gen. VVho came back with him Eubank None but Capt. Scudamore who went with him Mr. Att. Gen. VVhether did you go the next day Eubank We came to Bushy about 8 a clock a Monday night Mr. Att. Gen. Well after this did you bring up any Horses to the George-Inn to your Master and when Eubank Yes three Horses Mr. Att. Gen. Ay when Eubank I cannot tell the day Mr. Att. Gen. What day of the Week was it Eubank Upon a Friday Mr. Att. Gen. What Month was it in Eubank Indeed I can't say that Mr. Att. Gen. Do you remember Valentine's day Eubank Yes it was upon that day Mr. Att. Gen. That is the 14th of February a remarkable day and was then of a Friday the day before the Assassination was to have been executed Whither did you bring them Eubank To the George-Inn Mr. Att. Gen. How were they furnish'd were there Pistols upon them Eubank No the Pistols were in Town and the Horses were sent after my Master Mr. Att. Gen. Where were the Pistols left Eubank Indeed I dont know Mr. Att. Gen. Pray when you came to Town did you go to your Master and acquaint him with it Eubank Yes Sir I did Mr. Att. Gen. Pray what did he then say to you Eubank He said he thought he should go home that Night Mr. Att. Gen. Did he change his mind Eubank Yes for he did not go till Monday Mr. Att. Gen. Did he tell you he should go a Saturday Eubank Yes he said he thought he should Mr. Att. Gen. Did you come to him to know his mind and what did he say Eubank He said in the morning he would go in the afternoon but he did not Mr. Att. Gen. Afterwards when did he go Eubank Upon Monday Mr. Att Gen. Who went with him that Monday Eubank One Holmes a fat thick man Mr. Att. Gen. Well pray when did you come to Town again Eubank Upon the Friday following Mr. Att. Gen. How many Horses did you bring up then Eubank On the Friday following we brought up four my Master himself came up with them Mr. Att. Gen. Who came with him Eubank Mr. Holmes and I and another Srvant Mr. Att. Gen. How were the Horses furnished Eubank Every Horse had Pistols Mr. Att. Gen. What did you bring besides were there any Boots Eubank None but what we rid in Mr. Att. Gen. Where did you leave those Horses Eubank At the George-Inn in Holborn Mr. Att. Gen. What directions did your Master give you that night for going the next morning upon an Errand and whither Eubank I had no message from him but there was a Note that I was to carry to Kensington to one Browne and I was ordered to go to the Gentleman that lives within a door or two next the going into the King's Gate I forget his name but this man where Brown lodged belonged to the Court some Officer in the Kitchin to the King either a Confectioner or Cook or some thing and this man lay there Mr. Att. Gen. What was your message to him Eubank I was to tell him that I came to speak with one Brown and that I came from a Gentleman that lay at the Confectioner's in Holborn over against Grays-Inn I know the Gentleman by Face again if I see him Mr. Att. Gen. Well what did he say to you Eubank He bid me set up my Horse at the Red-Lion and he would come to me presently and so he did Says he I have no business that I need to send but I 'll write in your Almanack and you may carry it back and shew it him that I will come to Town betwixt nine and ten a clock I did go back and tell that Gentleman at the Confectioner's Mr. Att. Gen. What kind of Gentleman was it Eubank A Lusty man with a great Nose and a black VVigg he speaks broad Scotch and he was a swarthy coloured man and he had a wide Mouth Mr. Att. Gen. VVhat age was he of Eubank A middle aged man Mr. Att Gen. Pray what did he say to you Eubank He ask'd me if I had seen the Gentleman I told him yes He ask'd me what the Gentleman returned for answer I told him he had writ in my Almanack which I had shewn him that he would be in Town between nine and ten a clock He as'd me then where I was going I said to my Master Says he tell your Master that I will be in my Chamber ready for him Mr. Att. Gen. Did you go to your Master and tell him so Eubank Yes I did Mr. At. Gen. And what did he say to you Eubank He said he designed to go home in the Afternoon and therefore bid me go to the Inn and make ready the Horses and know what was to pay for them and he would come by and by thither Mr. Att. Gen. Did he afterwards come to the Inn Eubank Yes Sir about three or four a clock in the Afternoon Mr. Att. Gen. Pray who came with Sir William Parkyns Eubank One Lewis Mr. Att. Gen. Do you know him Eubank I have seen him before with my Master Mr. Att. Gen. VVhat is he Eubank They say he is my Lord Feversham's Gentleman Mr. Att. Gen. VVhat did he say to you about any Saddles Eubank They ask'd me what Saddles and how many had been sent there and I said but two Mr. Att. Gen. VVhat said Mr. Lewis Eubank Mr. Lewis said there
for the satisfaction of all others that hear this Tryal My Lord Sir William Parkyns has truly divided his Indictment into two Parts the one that accuses him of being concerned in the Assassination and the other that accuses him of being concerned in Inviting the French into the Kingdom and Ingaging to meet them with an armed Force My Lord As to the first part I must do Sir William Parkyns that Right that there is but one positive Evidence as to the Assassination but that Evidence tells ye he agreed to it at several Meetings nay that he was one who said it was necessary to be done in order to the other Design he was Ingaged in the facilitating the Landing of the French and King James his Descent and Restauration There is I say indeed but one Witness of that Matter but the Evidence of that one Witness is confirmed by many concurring Circumstances by his sending for Horses to Town the Day before the first Saturday when this Exercrable Treason was to have been Executed by sending them out of Town again that Day upon the Disappointment by sending for them again the Friday before the second Saturday that the King was to have been Assassinated by his having more Horses than were usual with him that Day by his taking care then of three Horses that were none of his own and one of them brought very suspiciously from Somerset-House and that all these eight Horses should be immediately hurried and carried away upon the Disappointment the second Saturday and nothing ever heard of them afterwards I say one of them was brought very suspiciously for my Lord you observe it came from Somerset-House and sent by Lewis according to the Prisoner's Promise to Captain Porter which Lewis it is apparent by all the Witnesses of this Matter was privy to this Design My Lord There is another Circumstance besides this which I think has not been observed and that is his sending for Sweet up to Town before the second time that the King was to have been Assassinated he came up indeed before both the times The first time he was told by the Prisoner he had once designed to have used him in a Business but upon second Thoughts he had Compassion for his Family And when he came the second time he was first ask'd what Condition he had left his Family in whether he had provided them Money He said No and thereupon new as Chid And the Prisoner said he might then as well have staid at home All these Circumstances besides the one positive Evidence savour strongly of his having a great Hand in the Design of Assassinating the King But then my Lord As to the other Part his Inviting the French and preparing to meet them that is possitively proved by two Witnesses Captain Porter tells you That the Prisoner was at the two Meetings in Leaden-hall-street and St. James's street where it was expresly resolved by all that were present and the Prisoner among the rest to send Chernock over to invite the French to invade this Kingdom and to promise to meet King James at his Landing with Two Thousand Horse He Swears That Sir William Parkyns did particularly agree to what was so Resolved upon at both the Consults And Sweet tells you that he had prepared for the same Design for that Sir William Parkyns told him the King would Land he had his Word for it and he himself had a Troop of Old Soldiers My Troop does consist he spoke it in the present Tense for it being a Doubt Sir William Parkyns did himself that Right as to examine the Witness again and he repeated it as his Words My Troop consists of Old Soldiers or is composed of Old Soldiers And he was to have several Volunteers that had been Officers My Lord These Two positive Witnesses are Evidence that goes to the same Species of Treason nay to the same Design the raising a Rebellion and the Deposing the King which is Killing him in his politick Capacity I say these Two go home to the same Design And my Lord This Evidence upon this branch of the Indictment is corroborated too by very strong Circumstances There is a Journey to Leicester which Sweet speaks of that Sir William Parkyns told him he would undertake This Journey it is proved by his Servant that he did undertake that he met there with several Persons and came back and made his Report to Sweet of the Success of his Journey and how well Disposed the King's Friends were by which Name he always meant King James for when he spoke of our present King he called him the Little Gentleman or sometimes King William and sometimes as the Witness at last said positively the Prince of Orange But when he spoke of the King without any thing else he always meant King James and besides he spoke of a King that was beyond Sea at Christmas last which could not be King William who was then and had been in England so long before My Lord the Prisoner in his Defence says That this Servant of his that went with him into Leicestershire had been formerly Chernock's Servant and was sent by Chernock with the Message to Kensington and not by him Yet I must observe that the Evidence swore positively he was sent by Sir William Parkyns his Master and brought the Note in the Almanack back to the Person to whom he was directed to carry it who lodged at the Confectioners House and when he had so done that the Person that Lodged at the Confectioners did not remit him to Chernock but to his Master Sir William Parkyns with a Message that he would be at Home and stay there ready whenever he should have occasion for him and this was upon the very Saturday the King was to have been Assassinated My Lord Sir William Parkyns has complained that if he could have had his Evidence here he could have proved the Arms had been two years in his House and that he found them there when he came thither first If we should admit that Matter we might Confess and avoid it for it is apparent that these Arms were on this Occasion put up in a suspicious manner in Boxes and sent to Haywood's who is a Suspicious Person by reason of his Relation to Chernock upon whose Letter and Recommendation they were received and concealed till the Plot was disappointed and then they were carried away from that place and buried in Sir William Parkyns's own Garden This was just after the breaking out of the Plot and they were buried for the better securing them as choice Goods And whereas the Prisoner says they were old and rusty when he found them it now appears they were clean and new-furbish'd Arms and the Hilts were off the Swords and pack'd together My Lord he has Recourse to another Argument in the last Place the most moving I must confess of all and that is the Argument of Pity He has spoke of his Education in the Profession of
fixt for the Execution of this Design Capt. P. There was Saturday the 15th and Saturday the 22d because Saturday was the Day the King us'd to go a Hunting and Shooting Mr. Att. Gen. Were there any men at Kensington to give you notice when the King went abroad Capt. P. There were two men that had a Lodging at Kensington the one was one Chambers who belong'd to Capt. Chernock and the other was a Fleming one Durance who came over with Sir George Barclay and he went every Day and thrust himself among the Guards to bring Intelligence Mr. Sol. Gen. What was the reason the Design was not executed Capt. P. The first Day Durance brought notice in the Morning that the Guards were gone abroad and afterwards there came notice that the King would not go abroad that Day for which reason we Adjourn'd it to the next Saturday Mr. Att. Gen. What was the Method you was to take in the Execution Capt. P. The method agreed upon was this there was one Rookwood that came from France upon this Expedition he was to Command one party and Capt. Chernock and my self were to Command another Party to attack the Guards and Sir George Barclay was to have 4 men out of each party to attack the Coack while we Attack'd the Guards Mr. Att. Gen. Well you say the First Day you was Disappointed by the Kings not going when was the next meeting Capt P. The next meeting was upon Fryday the day before the 22d I was sick all the Week and I do not know whether I lay a Bed all the Week or no but upon Fryday they met and it was at the Sun Tavern in the Strand There was none but Sir G. Barclay Capt. Chernock Sir W. Parkyns and my self Mr. Att. Gen. What Discourse was there then Capt. P. Sir G. Barclay came in and said he was afraid the thing was Discover'd I told him I fancyed not for if it had we should not have been in that house at that time Then says he let us go on and try another day Sir W. Parkyns was ask'd if his Horses were come to Town he said they were come to Town that Night Said I I have had a misfortune with my Horses two of them are fallen Lame and and won't be fit for service Says he if I had known that I could have brought more Horses out of the Country But says he I will send to Mr. Lewis who was Gentleman of the Horse to my Lord Feversham and I believe he can help us to more Horses he will be with me to Morrow morning and I le get a Note from him for two more In the Morning I sent to him and he sent me a Note for two Horses to mount my men and he sent me word Mr Lewis could help me to 2 or 3 others that they were all 3 Sadled and one was Accoutred with Holsters and Pistolls but the other 2 had only Sadles I did not see Sir W. Parkyns on Saturday the 22d but I met some of my friends who were to go along with me upon this Enterprise and we had first notice that the Guards were gone abroad and that the King would go at which all were very glad But when we had notice that the King did not go we were afraid the thing was Discover'd and I went out of Town and I did not see any of them afterwards till they were taken M. Att. Gen. Pray Capt. Porter have you ever heard any thing from Sir W. Parkyns of his having a Commission from King James Capt. P. I had heard Capt. Chernock ask Sir W. Parkyns why he did not go along with us in this Expedition he said he did not go because he could not go Mr. Att. Gen. Was he not to be one of the Number that was to Act in the Assassination Capt. P. No he said he had other Business to do he had a Regiment to look after L. C. J. H. How many Horses had you from Lewis Capt. P. I had never a one only Sir W. Parkyns sent me word if I wanted I might have 3 for I had told him I would not send for them till I heard whither the King went abroad and then I had notice that the King did not go Mr. Att. Gen. Had you a Note for them Capt. P. Not for those 3 Horses but Cranburn said he had a Note for 2 Horses Parkyns Did he say he had a Note from me Capt. P. No I don't say so Sir W. Cranburn told me he had a Note whither to go for them L. C. J. H. Will you ask him any Questions Sir William Parkyns No my Lord. Juryman My Lord I desire he may be ask't whither at any of those meetings there was any Discourse of the Assassination before Sir W. Parkyns L. C. J. H. What say you to that Capt. Porter Capt. P. Yes he was at all the meetings and Consultations Juryman Pray my Lord I desire to know whither Sir W. Parkyns Discoursed of it himself and what he did say about it Capt. P. I cannot say exactly what he did say in particular only he agreed to it and was to furnish 5 Horses for it and said it was necessary to be done for it wou'd bring the King in more easily Tho he could not Personally ingage in it himself because he had other business he was to look after his Regiment Mr. Sol. Gen. If Sir W. Parkyns will ask Capt. Porter no Questions we will go on to our next Witness which is one Abraham Sweet whom Mr. Attorney mentioned He was brought in and Sworn Mr. Sol. Gen. Mr. Sweet Will you give the Court and Jury an Account what Sir Wil. Parkyns said to you about King James's Landing Mr. Att. Gen. Pray will you give an Account what Discourse you had with Sir W. Parkyns the Prisoner at the Bar about King James's Returning and Landing with French Forces Sweet Sir W. Parkyns did tell me that he did expect King James's Landing and he said his own Troop was Composed of Old Soldiers M. At. Gen. How long have you known Sir W. Parkyns Sweet This 3 Years Mr. Att. Gen. Pray tell the time when this Discourse was about what time was it Sweet This was since Christmas about Christmas last Mr. Att. Gen. Where was it that you had this Discourse Sweet It was about his own House L. C. J. Holt. What Discourse Sweet We were talking about King Jame's coming L. C. J. Holt. Who told you that King James was coming Sweet Sir William Parkyns Mr. Att. Gen. What did he say Sweet He said he had bought a great many Saddles Thirty Saddles and that his own Troop was composed of all old Soldiers Mr. Att. Gen. Did he tell you of any assurance that he had of King James's landing Sweet Yes he said he had the Kings Word for it Mr. Att. Gen. Was there any discourse between you about any Journey that Sir William was to take Sweet Yes he did tell me he was to go
gave an account how the place was viewed and which was thought most proper and then all the Company agreed to it He says indeed that Sir Wm. Parkyns was not one that was to execute it in his own person but one Scudamore was to be the man imployed by him and he did say it was a thing that was very necessary to be done and would facilitate the Introduction of King James and the bringing him back again And there is likewise this concurring Evidence of Mr. Porters wiâ—â—hat I shall observe by and by that Sir William Parkyns was to procure five Hoâ—â—â—hree whereof he was to mount himself and two he was to send Captain Porter to mount and if there were further occasion he could procure more from Mr. Lewis Gent. of the Horse to my Lord Feversham and accordingly we have produced to you 2 Witnesses Freeman and Turton the one a Tapster the other an Hostler that lived at the George Inn in Holbourn who give you an account that upon Friday before the first day that was designed for the Assassination there did come 3 Horses to Town for Sir Wm. Parkins but it being put off upon the disappointment they were sent out of Town again Upon the Friday afterwards the day before the discovery then there were 4 Horses brought to Town and a 5th was borrowed of Mr. Lewis which was a Roan Gelding Parkyns Pray Sir will you please to observe what sort of Horses they were and particularly the heighth of them that it may be known how fit they were for this business Mr. Soll. Gen. I will do you no wrong Sir William if I can help it The Jury have heard the Evidence and by and by they will hear my Lords Directions but they do say there were 4 brought to Town and a fifth was sent a Roan Gelding first the Witness said the Horse came from Mountague House but then presently he recollected himself and acknowledged the mistake and afterwards said it was from Somerset House So there were the 5 Horses 3 whereof Sir William Parkyns was to mount and 2 Captain Porter as he himself says and these Facts I instance in as making a concurring Evidence and very near to two Witnesses to prove this part of the Conspiracy Then Gentlemen Captain Porter goes further and says that he had heard but Sir William Parkyns did not tell him so himself that Sir William Parkyns had a Commission to raise a Regiment of Horse and was preparing so to do against the time of the Invasion to joyn with the Forces that were to come from abroad To confirm which we have called Mr. Sweet to give you an account that he had been acquainted with Sir Wm. Parkyns for 3 years and that he had often talkt with him about the King that is his present Majesty whom he called the Prince of Orange and the little Gentleman and about King James whom he used to call always the King and he said the King was to land very speedily and that he had a Troop which consisted of old Soldiers and that there were several Volunteers that were Officers he said he was to take a Journey into Leicestershire and accordingly he went and when he returned back again he said the West and the North were very well inclined to the King's Interest or to that purpose And to strengthen his Evidence we prove that he did go accordingly into Leicestershire and we prove it by his Servant that went with him where he met with several persons particularly one Yarborough and a Parson what they did transact the Servant cannot prove but he is a concurring Witness to prove that he went into Leicestershire and we have all the reason in the world to believe that he went on that Errand that he spoke of before that is to meet the Kings Friends as he called King James And then there is a further concurring Evidence of his having a Regiment or a Troop it is not material whether it be one or the other and that is the matter of the Arms 4 dozen of Swords 32 Carbines 35 Cases of Pistols that were hid in the Garden of his House and these Arms we have traced further he sent them from his House to Haywoods House there he thought they would not lye safe and therefore Sir William Parkyns sends for them privately they were to come away at night and be brought back to his House and they were accordingly brought back in the night to his House and there they were buried and the same person saw them taken up afterwards which brought them to Sir William Parkyns House and proves they were the same Boxes that were buried and which upon opening proved to be these Arms that were first sent to Haywoods and afterwards brought back to his own House So that this Gentlemen is a concurring Evidence both to what Sweet says and to what Porter says and those are the two Witnesses to this part of the Treason that there was a provision of Arms and Men for this purpose which he said he had a Commission for Now Gentlemen against all this he makes but a very small Objection As to the matter of the two VVitnesses to every Overt Act that has been over-ruled by the Court and as to the Arms he says he found them at his House when he first came to it and then they were old rusty Arms but of this he gives you no manner of Evidence But if they were there when he came to the House How came he at this time of Day to hide them and secret them Why might they not be as publick now as they were before he came which he has had time enough to prepare to prove since the finding of them And he does not give you so much as any colourable Reason why he so secreted them And therefore it is a most just and violent Suspicion that they were for the purposes that the Witnesses have given you an account of and you have reason to believe they were provided for to arm that Number of Men which he was to raise to assist the French when they came to land here So that if you believe what the Witnesses have Sworn you cannot say but that he is Guilty of the Treason charged upon him and we doubt not you 'll find him so Mr. Cooper May it please your Lordship and you Gentlemen of the Jury I am of the same side of Counsel for the King Sir William Parkyns has given us a good Caution which I shall take care to observe and that is not to strain either Fact or Law to his prejudice But my Lord When such a Matter as this a Crime of this nature is so far proved against the Prisoner at the Bar that no body can in his private Judgment reasonably acquit him then I think it a good piece of Service to the Publick to make the Matter so plain that it may be put beyond all manner of Doubt both for the ease of the Jurors and
thereabouts Sir William Parkyns was to furnish five Horses whereof three of them were to be mounted by Men of his own providing the other two were to be mounted by Men of Captain Porter's providing Mr. Porter Mr. Chernock and one Rookwood were to be principally ingaged in Attacking the Guards The number of Men agreed upon for the whole were about forty or few more and Sir George Barckley was to have a Party out of them all of about eight and as those others went to fall upon and Charge the Guards Sir George Barckley with his Party of Men was to Attack the King in his Coach and by shooting into the Coach to kill the King and all that were with him The Time agreed upon for putting this design in Execution was on Saturday the 15th of February That day it was expected the King wou'd go a Hunting And Two Men were planted at Kensington to give notice when the King went and upon such notice these Men were to March out in small Parties and to Lodge in the Inns and Publick Houses about Brentford and Turnham Green upon notice of the King 's Return from the other side of the Water and Sir George Barclay was to be in readiness to set upon the Coach in the Lane and the other Party to Attack the Guards But this Horrid Design was very happily Discovered which prevented the King's going abroad on that day and though they were disappointed for that Time yet the Design was not at an end But their Resolutions continue to make the like Attempt when they could have an other opportunity And for that purpose there was another Meeting as Captain Porter tells you upon the Friday following at the Sun Tavern in the Strand at which Sir William Parkyns Sir George Barclay Rookwood and Chernock and Captain Porter were present and they did agree to Attack the King and the Guards the next day in the same place and manner that they had formerly agreed upon But by good Providence the King had notice of it so that he did forbear to go abroad that day whereby these Conspirators were totally disappointed of their Barbarous and Villanous Design which they had resolved upon and had made such Preparations to compass It is true Captain Porter does tell you Sir William Parkyns was not to be one that should be actually present at the Assassination but he was to furnish Five Horses Three of them to be mounted by Men of his own providing and Two by Men that Captain Porter was to provide And you are told positively that Captain Porter at this last Meeting did complain that Two of his Horses were fallen Lame and acquainted Sir William Parkyns with it and he promised to help him to Two more by the means of one Lewis that was Gentleman of the Horse to my Lord Feversham Then you are told that Sir William Parkyns sent to Sweet to come to Town the 11th of February and Sweet comes to Town accordingly on Wednesday the 12th of February and then he had discourse with Sir William Parkyns at his Lodgings where Sir William told him that because of his Family he would not imploy him in the business he intended for him and therefore bid him go home again and with all directed him to return to Town the Fryday following and order his Groom to bring his Horses to Town he mentioned Three Horses which should be the strongest he had the Groom brought up the Three Horses and Sweet came to Town with him and staid till Saturday Sir William Parkyns said he thought to go out of Town in the Afternoon but did not but stay'd till Monday when he went out of Town But upon the Friday following the Horses of Sir William Parkyns were brought to Town again which now were Four and were set up at the George Inn in Holborn and it appears that Mr. Lewis furnished one Horse for there were Five Horses there upon the Account of Sir William Parkyns of which a Roan Horse was one which came from Somerset-House This is proved by the Hostler and that Lewis himself came in on Saturday in the Afternoon to inquire for Sir William Parkyns but he was gone and the Horses were taken away and he once came with Sir William Parkyns to the Inn. These are Circumstances that do Concur with and Confirm Captain Porter's Evidence concerning the providing Horses for this Design Then there is another Particular of Captain Porter's Evidence concerning the Commission from King James which is remarkable It was told you that he askt Chernock whether he had seen the Commission he said no but Sir William Parkyns had and Sir William Parkyns was askt by Porter as they were sitting by the fire-side whether he had seen the Commission and Sir William Parkyns answered that he had seen it and had read it and it was written with King James's own hand and that the Substance of it was to make War upon the Person of the Present King who was called in the Commission as you may suppose the Prince of Orange So that Gentlemen as to the discovery of the Assassinating the King and of this Commission which was understood by them to be for that purpose This is the Summ and Substance of Porter's Evidence so attended with and confirmed by these Circumstances as you have heard Besides the other Witness Sweet who was a great Acquaintance of Sir William Parkyns tells you That about Christmas last he was informed by Sir William Parkyns That the King would land which he understood to be meant of King James He ask'd Sir William Parkyns how he knew it and he said He had his Word for it and that his Troop consisted of Old Soldiers and he had Thirty Saddles and besides there would be some Volunteers which were Old Officers Then he said He was to go into Leicestershire and he did go with one Scudamore and this was in January about the latter end as I remember They lay that Night at Stony-Stratford and the next Night at Leicester and Scudamore went with him and afterwards one Yarborough and a Parson came to him out of Yorkshire And when he came back he said He found all there to be very well and the West was as well inclined to the King's Interest as the North and a Lord's Brother was concerned Then in the next place you are told That at Michaelmas last Mr. Chernock did write a Letter to one Haywood who had married his Sister and lived near Sir William Parkyns in Warwickshire to desire him to receive some Goods into his House that were to come from Sir William Parkyns's and lay them up very carefullâ—â— for they were choice Goods which Sir William durst not leave in his own House because he had left it And accordingly there were these Boxes and Chests sent to Haywood's and received by him into his House where they continued till the latter end of February Haywood about this time when the Design of the Assassination was on foot