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B17222 The arraignment, tryal, and condemnation of Sir William Parkins Knt. for the most horrid and barbarous conspiracy to assassinate His Most Sacred Majesty King William, and for raising of forces in order to a rebellion, and encouraging a French invasion into this kingdom: who was found guilty of high-treason, March 24 1695/6 at the Sessions-House in the Old-Baily: together with a true copy of the papers delivered by Sir William Parkins, and Sir John Friend to he sheriffs of London and Middlesex, at the time of their execution. Parkyns, William, Sir, 1649?-1696.; Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1696 (1696) Wing A3760; ESTC R11595 77,090 51

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Mr. Sh. Buckingham I do know you and would have you be fair in your Practice Mr. Baker The Enquiry is made because a false Copy is put upon him you might have had a true Copy if you had applied your self right Burleigh I sent to Mr. Farringdon for it L. C. Just Holt. The Sheriff delivered it the Secondary who is the proper Officer Mr. J. Rokeby Sir John Friend said he had it from him yesterday Burleigh But he had one before how he came by it I can't tell nor whence those came that were brought to me Mr. J. Rokeby If you will not take care to go to the right place it is no body's fault but your own if you suffer by it Burleigh I was with my Lady and delivered a Petition for this Trunk L. C. Just Holt. But it seems it was under the Conuzance of the Secretary and direction was given to go thither some care or other must be taken in it and shall but go on now to Arraign the Prisoner Cl. of Arr. Hold up thy hand which he did Thou standest Indicted in Middlesex by the name of Sir William Parkyns late of the Parish of St. Paul Covent Garden in the County of Middlesex Kt. for that whereas an open and notoriously publick and most sharp and cruel War for a long time hath been and yet is by Sea and by Land had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir William Parkyns a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and true and due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should bear and of right ought to bear withdrawing and utterly to extinguish intending and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under him our said Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter as also the same our Sovereign Lord the King to Death and final Destruction to put and bring and his Faithful Subjects and the Freemen of this Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid falsly maliciously devilishly and traiterously did compass imagine contrive purpose design and intend our said Sovereign Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and the same our Sovereign Lord the King to Kill Slay and Murther and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to move stir up procure and aid and a miserable slaughter among the Faithful Subjects of our said Lord the King throughout all this whole Kingdom of England to make and cause and that you the said Sir William Parkyns to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and aiding and the same most abominable wicked and devilish Treasons and traiterous compassings contrivances intentions and purposes of yours aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of the traiterous adhesion aforesaid you the said Sir William Parkyns as such a false Traytor during the War aforesaid to wit the same first day of June in the year abovesaid 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 and traiterously and with Force and Arms with one Robert Chernock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Sovereign Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entrance into this Kingdom of England to join and unite Rebellion and War against him our said Sovereign Lord the King within this Kingdom of England to make levy and wage and the same our Sovereign Lord the King so as aforesaid to Depose and him to Kill and Murder And further with the said false Traytors the same first day of July in the year abovesaid at the Parish aforesaid in the County aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir William Parkyns and the same other Traytors unknown as far as and into the Kingdom of France in parts beyond the Seas to James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises to the said late King James and the said other Enemies and their Adherents to give and exhibit and them to inform of other things particulars and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and them to you the said Sir William Parkyns and the
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
about that they were all well inclined to Sweet He always named it the King's Interest and did not name King James but I understood it and always took it to be King James he meant Mr. Mountaigne What did he say of the North and West Sweet He said that the West was as well inclined to the King's Interest as the North. Mr. Att. Gen. What did he say before he went Sweet He told me he was to go into Leicester-Shire to meet some of the King's Friends Parkyns Pray Recollect your self and consider what you say Sweet He said some Gentlemen Rid as far to meet him as he did to meet them Mr. Att. Gen. Was that the time he talk'd about the Troop Sweet No that was before this time I cannot remember the particular time it was at his own House and Captain Sindamore was with him Mr. Att. Gen. When was the Discourse about King James's Landing Sweet He told me that he believed now that King James wou'd Land he said he had his own Word for it it was about Christmas Mr. Att. Gen. What did he say about preparation for it Sweet He said his own Troop was to consist of Old Soldiers L. Ch. Just Holt Did he tell you he had a Troop Sweet I speak his own Words he said my Troop consists of all Old Soldiers L. Ch. Just Holt Was it consists or will consist though I think there may be no great matter of difference in this case Parkyns Yes my Lord but there is a great deal sure for will consists shews nothing yet done and all is but Words L. Ch. Just Holt Sweet Answer to Sir William Parkyns's Question Sweet I tell your Lordship I repeat his own Words my Troop consists or is composed of all Old Soldiers Mr. Cowper What did he say of Voluntiers Sweet He said there were some Gentlemen that would go along with him as Voluntiers that had been Old Officers Mr. Cowper Pray let me ask another Question when he Discoursed of the present King by what Name did he use to speak of him Sweet He called him by the Name of the Prince of Orange Parkyns Pray recollect your self Mr. Sweet and think of what you say since he was declared King did I ever call him Prince of Orange I am upon my Life and pray speak nothing but the truth L. Ch. Just Holt Consider and answer the question what did he use to call him Sweet Truly my Lord I am not positive as to that I understood it so I never knew that he allowed him to be King of England Parkyns Did you ever hear me call him Prince of Orange since he was King L. Ch. Just Holt Look ye Sir how long have you been acquainted with him Sweet About Three years my Lord. L. Ch. Just Holt Well that is long since his Majesty was declared King have you ever heard Sir William Parkyns call this King Prince of Orange Sweet I am not positive in that but I understood he did not allow him to be King Mr. Sol. Gen. You frequently discoursed with him about the Government it seems pray what did he use to call him Sweet I have heard him call him King William and the little Gentleman Parkyns When ever did you hear me call him the little Gentleman Mr. Sweet pray when you are upon your Oath consider well and recollect your Self and don't answer rashly and suddenly but think of what you say I always express'd my self when I had occasion to speak of him and called him King William as other people use to do I never used the words little Gentleman nor Prince of Orange neither L. Ch. Just Holt Did you ever hear him call him otherwise than King William He paused a while L. Ch. Just Holt Pray speak the truth and no more Sweet I have heard him call him Prince of Orange L. Ch. Just Holt But you have heard him call him King William too Mr. Sweet Yes Mr. Cowper But pray when he spoke of the King what King did you understand by it Sweet I used to understand King James Parkyns What is that to me what he understood L. Ch. Just Holt But I would observe to you one thing when you came from Leicester-shire you talk'd how well disposed they were to the King's Interest he says he understood that King to be King James and you said the West was as well disposed as the North pray now were you imployed by King William to see how the Gentlemen stood affected to him Parkyns No nor by King James neither L. Ch. Just. Holt Why then should you concern your self for the King's Friends in the West and the North Parkyns I never was in the West in my Life and therefore I can't tell why I should tell him any thing about the West Mr. Att. Gen. Pray Sir when was it that Sir William Parkyns spoke about the King's Landing Sweet It was about Christmas he said he believed he would Land Parkyns Did I tell you positively it would be so then Mr. Att. Gen. He tells you he said you did believe it for you had it from his own Mouth Parkyns That shews it is not probable I should tell him so that I should have it from his own Mouth carries such an improbability with it that the Evidence is Felo de se it destroys it self Mr. Sol. Gen. He does not say you had it from his own Mouth but that you had his word for it and this being about Christmas long after our King was return'd it could mean no other King but King James L. Ch. Just Holt Look you Sir William Parkyns there is another thing I would observe why did you send your Man to Kensington to one Brown who is that Brown and what was the Man that lodged at the Confectioners in Holbourn Parkyns I cannot tell who it was I know neither Brown nor the other Man but I sent my Man at the request of Mr. Charnock who lodged in the same House with me he desired he might go upon an Errand for him to Kensington and I directed him to go upon such an Errand for he was formerly Mr. Charnock's Servant and I desired him to go of the Errand if he requested it Who these Men were I know not neither of them nor any of their Business L. Ch. Just. Holt But he was bid by the Man that lodged at the Confectioners to tell his Master that he would stay within for him Parkyns That might be Mr. Charnock for he was his Servant once L. Ch. Just. Holt But he says he carry'd the Message to you and you receiv'd it Well have you any more to say Parkyns My Lord I think there is but one positive Evidence of any one Overt-Act L. Ch. Just. Holt Yes what do you think of the design of bringing in King James and consulting about it and assisting in the Invasion and preparing a Troop and providing Arms and Horses are not these Overt-Acts Do you think your having a Troop of old Soldiers is
the Gown of his Infirmities his Age and his Family Arguments of Pity I am very unfit to give an Answer to and should be very unwilling to extinguish any Motions of it but this I must observe even by way of Answer to that Argument That the Time was when he should have pittied himself and not engaged in such an Abominable and Merciless a Design That he should have had Pity upon his Countrey which he Plotted to bring under the greatest Confusion and Desolation That he should have had Pity upon the best of Kings and the best of Men but then there was no Pity when they thought they had laid their Designs so that they had him in their Power but they resolved Barbarously to murder him and persisted in the Resolution of Assassinating him after they were once Disappointed That it seems did not discourage them but they undertook it a Second Time and it does not appear that they ever had any Remorse at last for it but the Plot broke out and so their whole Design was frustrated My Lord This is the Sum I think of his Defence I have as well as I was able given an Answer to the Objections made to it and I must now leave it with you Gentlemen of the Jury And though these Considerations that I have mentioned may not quite remove all Compassion yet they may serve to confirm you in a Resolution of doing the King and Kingdom and your Selves Justice and that is all we ask of you L. C. J. H. Gentlemen of the Jury Sir William Parkyns is Indicted of High Treason for Designing Imagining and Compassing the Death of the present King There have been several Witnesses produced that have given Evidence upon this Indictment The first of them is Mr. Porten who has been a Witness heretofore against several upon the like Occasion and he gives you this Account That about 〈…〉 of May o● the beginning of June last there was a meeting of diver Persons at the 〈…〉 ngs-Head Tavern in Leaden-Hall-street in the City where they dined together and there was Sir William Parkyns Captain Porter himself Sir John Fenwick Sir John Friend and divers others that he has mentioned to you At that meeting they did consult together which way the late King James might be Restored and it was thought very necessary that there should be a French Force sent over hither to join with others for his Restoration And they did among themselves agree and determine what number of Forces might be convenient for that Purpose they did propose Ten Thousand Eight Thousand Foot One Thousand Horse and One Thousand Dragoons And that a Message should be sent over to King James to perswade him to sollicit the French King to furnish him with such a Number of Men to be sent over into England Mr. Chernock that was then in the Company and was the Person agreed upon among them to be the Messenger to be sent upon this Errand which Imployment he did undertake upon their Promise that they would raise among themselves Two Thousand Horse for to meet the late King at his Landing This being at that time determined and Mr. Chernock having accepted this Imployment he did make preparation to go upon this Errand In some time after a Week or a Fortnight or thereabouts there was another Meeting at which were several of the same Persons that were present at the former and among them Sir William Parkyns was one And this Meeting was at one Mrs. Mountjoy's that keeps a Tavern in St. James's street where they did discourse of what they had formerly agreed upon and did again consider whether they should proceed to send Mr. Chernock with that Message to which they all agreed that Mr. Chernock should go and he accordingly went and Captain Porter met him about five or six Weeks after the Meeting at Mrs. Mountjoy's and Chernock told him he had been in France and that since his return he had been with the several persons who had sent him and had acquainted them with the Answer of King James which was that at that Juncture of time the French King had such occasion for his Forces that he could not then spare them or furnish him with so many to come over here This is the first matter that Porter gives you an account of But then Captain Porter tells you further how the Design of Assassinating the King was set on foot about the latter end of January or the beginning of February last About which time Sir George Barckley was sent over with a Commission from the late King James which seems to have given great incouragement to that Party of Men for Sir George Barckley Captain Porter and Sir William Parkyns with divers others had several Meetings at the Globe Tavern in Hutton Garden the Nags Head Tavern in Covent Garden the Sun Tavern in the Strand and other places And at these Meetings they entred into Consideration what was the best way to Restore the late King James to the Throne and it was agreed among them King William which they resolved to undertake and at these Debates and Resolutions Sir William Parkyns the Prisoner at the Bar was present Captain Porter being askt whether Sir William Parkyns at these Consults did consent to the King's Murder he said they did all agree to the Assassination of the King and Sir William Parkyns said he thought it was very necessary to be done to facilitate the Restoration of the late King Gentlemen This Design of the Assassinating the King being thus Resolved upon the next thing Considered among them was how it might be effected there were several ways proposed one was by an Ambuscade for the King having a House in the Country by Richmond His Majesty used to go once a Week a Hunting thereabout and to return at night and therefore an Ambuscade on that side of the Water near the House was proposed then another Proposal was made to fall upon the Guards on this side the Water and at the same time that the King's Coach was to be set upon And these two places being proposed there was some difference of Opinion among them whereupon it was agreed that some Persons should be sent to view the Ground on both sides the Water which Persons were Captain Porter King that was Executed and one Knightley and so some days before the 15th of February they did go on both sides the Water and viewed the Ground and returned in the Evening to the Nags Head Tavern according to agreement where were met together Sir George Barckley Mr. Chernock and the Prisoner at the Bar Sir William Parkyns And there they made their Report done of their view of the Ground and upon which both the Proposals were Debated and at last they did all agree that the Attack should be made upon the King on this side of the Water in a Lane that was between Brentford and Turnham Green and the Attack upon the Guards was likewise to be made
King would Land and that he had a Troop which consisted of such Soldiers then these Arms being found in that manner I must leave to your Consideration whether it is not a Proof for what purpose he did provide them and to what Use he intended to put them especially since he gives you no Account what Use or Occasion he had for them He says indeed he found them in the house two years ago how probable that is you may consider Then there is another thing his going into Leicestershire with Scudamore and his meeting there with Yarborough and other People in that private and hasty manner He went out on the Thursday and come home again upon Monday Night and then he meets with Sweet and tells him that all was well and the West was as well inclined to the King's Interest as the North What King must he mean he had no Commission from King William to go into Leicestershire to discourse with People to see how they stood affected to his Interest Sweet comes and tells you that when Sir William Parkyns spoke of the King he understood he meant King James I must leave it to your Consideration how you will interpret these Words It is true Gentlemen it is not fit there should be any strain'd or forc'd Construction put upon a Man's Words or Actions when he 's Tryed for his Life You ought to have a full and a satisfactory Evidence to convince you that he is Guilty before you pronounce him so but however you are to consider the Nature of things and the Circumstances that attend them If you can suppose that he went into Leicestershire to King William's Friends and that he was of Opinion the West was as well Affected to King William as the North then you make a different Construction from Sweet who tells you that always when he spake of the King he understood it of King James and at Christmas when he spoke of the King 's Landing it must be meant King James for King William was here before and he pretends not he had any Authority to Raise a Troop for King William So that Gentlemen I must leave it to you upon the whole matter if you are satisfied that Sir William Parkyns is Guilty of the Matters of which he stands Charged you will find him Guilty you have heard the Evidence and will consider of it if upon the whole you are not satisfied that he is Guilty of the Matters Charged in this Indictment then you are to acquit him Then an Officer being Sworn to keep the Jury according to the Custom they withdrew to consider of their Verdict and in less then half an Hour returned again into Court Cl. of Arr. Gentlemen of the Jury Answer to your Names William Northey Mr. Northey Here c. and so of the rest Cl. of Arr. Are you all agreed on your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkyns hold up thy Hand which he did Look upon the Prisoner how say ye is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty my Lord. Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the High-Treason committed or at any time since Foreman None to our Knowledge Jaylor Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court hath Recorded it You say Sir William Parkins is Guilty of the High Treason whereof he stands Indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High Treason Committed or at any time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service While the Jury was withdrawn to consider of the Verdict Sir John Friend was brought from Newate to the Bar in order to his being called to Judgment and after the Verdict he Addrest himself to the Court thus Friend My Lord I humbly beseech your Lordship to give leave to Read this Paper To which the Court gave no Answer Frind My Lord will your Lordship give me leave to Read it L. C. J. H. Ay if you will Reads Friend My Lord I humbly move in Arrest of Judgment that I am not Convicted of Treason by Two Witnesses as I ought to have been within the Stat. of 25 Ed. 3. for Mr. Porter swears that I with others in May or June last sent to the French King to Invade England he is the only Witness to that matter Mr. Blaire swears that I shewed him a Commission in Surry-street about 2 Years since Sign'd by King James and Countersign'd Melfort to be a Colonel of Horse and that I gave him some Moneys for the Cherishing of the Men. My Lord here is no Levying of War Sworn by Mr. Blair and Conspiring to Levy War not being Treason I am Convicted by one Witness and therefore I pray Councel may be Assigned me to plead this matter L. C. J. H. Sir John Friend that which you move now is not in Arrest of Judgment it is matter that does arise upon the Evidence and what you now say Arraigns the Verdict and the Proceedings upon your Tryal There were Two Witnesses against you that it is plain You were not Indicted for Levying of War but for Compassing and Imagining the Death of the King and we told you the design of the Invasion and Conspiring to Depose the present King and Restore the late King was an Overtact of that High Treason The Commission was not so much stood upon but the Advanceing Moneys upon this Account to Blaire your Lieutenant Colonel to give to the Men that was a plain Overt Act and so there were certainly Two Witnesses against you Friend My Lord I hope I can clear my self I thank God I am as Innocent as the Child un-born of the Assassination of the King I would not have the People think that I am such a Man L. C. J. H. But you remember it was sworn you knew of it and we have told you that the design of Restoring the late King by Force and Deposing the King are Overt Acts of imagining his Death if such an Intention be proved as it was in your Case and the Jury have found it so Friend My Lord I humbly beseech you because I do not understand matter of Law and am advised to move this in Arrest of Judgment I desire my Councel may be heard to it L. C. J. H. We cannot hear Councel but upon a matter that arises upon the Record it self that is the Indictment We cannot enter into any Examination of this matter that you now speak off you had a long Tryal Yesterday Friend My Lord I am sorry to give your Lordship any occasion of trouble but I humbly beseech you if it may be that I may be heard by my Councel for the satisfaction of the World pray my