I Do Appoint Brabazon Aylmer to Print and Publish the Tryal of Sir William Parkyns and that no other Person do Print the same HOUBLON Mayor THE TRYAL AND CONDEMNATION OF Sir William Parkyns Kt. FOR THE Horrid and Execrable Conspiracy To ASSASSINATE His Sacred Majesty King WILLIAM In Order to a French Invasion of this Kingdom Who upon full Evidence was found Guilty of HIGH-TREASON AT THE Sessions-house in the Old-Baily March 24. 1695 6. Together with a True Copy of the Papers delivered to the Sheriffs of London and Middlesex by Sir J. Freind and Sir W. Parkins at the Place of Execution LONDON Printed for Brabazon Aylmer at the Three Pigeons over against the Royal Exchange in Cornhil MDCXCVI THE TRYAL OF Sir William Parkins K nt On Tuesday the 24th of March 1695 6 AT THE Sessions-House in the Old-Bayly London The COURT according to their Adjournment the preceeding day met and proceeded to the Tryal of Sir William Parkins in this manner Clerk of the Crown SET Sir William Parkins to the Bar. Sir W. Parkins My Lord If Your Lordship please My Wife came to see me in Prison and sent a Trunk with some Linnen and other Things necessary for my use And the Sheriffs of London finding them have seized and detain them And I desire Your Lordship would please to Order them back again The Trunk has in it many necessaries and all things have been torn from me And I beg the favour of Your Lordship to Order it to be delivered back to me Mr. Sheriff My Lord If Your Lordship please We were sent for to Mr. Secretary Trumbal's office and there was a Trunk opened with Plate and Houshold Linnen And Mr. Secretary was pleased to deliver the said Trunk into our hands and to take my Brothers Hand in a Recâ—ipt for it We found it in the Secretaries Office and had a Warrant to bring it down L. Ch. J. Holt. I believe your Trunk was seized in order to search for Treasonable Papers Sir W. Parkins Yes My Lord I believe it was I hope it shall be delivered back again L. Ch. J. H. What was in it Mr. Sheriff There was Diaper Linnen and some other things and about an Hundred and Fâ—â—ty Ounces of Plate We had it from Mr. Secretary Trumbals Office we did not seize it but foâ—nd it in his Office and brought it down L. C. J. Holt. He must have it again he ought to have wherewithal to subsist and for his necessarâ— support while in Prison let the Plate be sold for his support while he is in Prison Care shall be â—aken of it Sir William Sir William Parkins My Lord I have nothing to subsist on unless I can make something of what is there My Wife lacks necessaries and I have Four Children and we have nothing to subsist on L. C. J. Holt. Had you sent and complained of this before care should have been taken about it Sir W. Parkins My Lord I was told there was a Petition to Your Lordship and they talkt of an Order from the Council but when I came to inquire there was no Order of Council only to search and examine it L. C. J. Holt. I heard nothing of it Let the Money be advanced care shall be taken of it Sir W. Parkins I thank your Lordship Cl. of the Cr. Sir William Parkins Hold up thy Hand which he did Thou standest Indicted c. The Substance of the INDICTMENT London ss THE Jurors c. Present That whereas an Open Notorious Publick and Cruel War for a great Time hath been and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King against the most Serene Illustrious and Excellent Prince our 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 Lew is the French King and his Subjects were and yet are Enemies of our said Sovereign Lord the King and His Subjects One Sir William Parkins late of the County of Middlesex a Subject of this Kingdom of England well knowing the Premisses the Fear of God in his Heart not having nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene and Excellent Prince WILLIAM the Third now King of England c. his Supream True Natural and Vndoubted Lord the Cordial Love and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear and of right ought to bear withdrawing and intending to extinguish and minding and with all his strongth designing and endeavouring the Government of this Kingdom of England under Him of Right Duly and Happily Established altogether to Subvert Change and Alter and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall in an intolerable and miserable Servitude to the French King on the First of July in the Seventh Year of the Reign of our said Sovereign Lord the King and divers other Dayes and Times as well before as afterwards in Covent-Garden and elsewhere in the County of Middlesex Falsly Maliciously Devilishly and Traiterously did Compass Imagine Contrive and Intend our said Sovereign Lord the King that now is then his Supream True Natural and Lawful Lord of and from His Regal State Title Honour Power Crown Imperial and Government of this Kingdom of England to Depose and altogether Deprive and Him to Kill and Murder and to move excite and procure and Aid the said Lewis the French King and his Army this Kingdom to Invade c. and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King And that he the said William Parkins to the said Enemies of our said Sovereign Lord the King then and there was Adhering and Assisting And the same most Wicked and Devilish Treasons c. to fulfil c. and in prosecution c. of that Traiterous Adhesion he the said William Parkins as such a false Traitor during the War afoâ—esaid viz. upon the First day of July in the Year aforesaid and at other Dayes and Timâ—s as well before as afterward in Covent-Garden and elsewhere in the County of Middlesex â—id Falsly Maliciously c. and with Force and Arms with one Robert Charnock lately Conviâ—ted of Treason and with divers other false Traytors to the Jurors aforesaid unknown did Mâ—et Propose Consult and Agree to Procure from the said Lewis the French King Forces â—ubjects and Souldiers great numbers c. this Kingdom of England to Invade and to Levy â—rocure and Prepare great Armies and Armed Men against our said Sovereign Lord the King â—â— be raised and formed and with the Enemies aforesaid to and upon such Invasion and Ingressâ— into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of
is but one Evidence and there ought to be two Witnesses but here is but one L. C. J. Holt. There are two as to that Particular But I must tell you Sir William Parkins if any Person does design and contrive that the Realm be invaded the King deposed and another set upon the Throne that is Treason and the same Species of Treason within the 25th of Edw. 3. as that of imagining compassing and designing his Death and Destruction is Now the question is Whether there be another Witness to prove Overt-Acts of this design Sir W. Parkins I do not conceive there is the rest is but of words L. C. J. Holt. That you bought Arms. Sir W. Parkins But that does not appear nor wherefore they were bought L. C. J. Holt. What occasion had you for such a quantity of Arms Sir W. Parkins After all I did not buy those Arms and I could prove to your Lordship if I had time that those Arms were in Boxes and all rusty when I came first to my house in Warwickshire L. C. J. Holt. But why were they bury'd in your Garden they were at Mr. Heywood's house before and removed by your direction and then carry'd to your own House and bury'd in the Garden just when the Plot broke out Sir W. Parkins My Lord It is easily imagined that no body at such a time would care to have it known that he had Arms tho' never so innocent found upon him at that time Mr. Soll. Gen. But you had Horses and Holsters and Furniture for Horses Sir W. Parkins I used to come with three or four Horses according as I had Friends or Servants with me and I never used to keep less than seven or eight Horses this twenty Years and sometimes more and they were little Horses and no way fit for that service that is pretended L. C. J. Holt. Have you any thing more to say Sir William Sir W. Parkins I hope as to the Assassination I am clear Perhaps the World may think I have had an Inclination to King James and perhaps they may not think amiss in it but I never had any opportunity of doing any thing nor never did any thing for him And I hope by Interpretations my Life shall not be taken away and I cannot believe it will please the King that I be found guilty upon slight Grounds L. C. J. Holt. No question it will better please the King and every body else rather that you be found innocent than guilty if you be not guilty Sir W. Parkins Therefore I hope you will not find me guilty upon Inferences according to that old saying Better five guilty Men escape than one innocent Man suffer L. C. J. Holt. You are under a mistake in thinking it necessary to have two Witnesses to one Overt-Act for if one Witness be to one and another to another of the same Species of Treason it is all the Law requires Sir W. Parkins But this is not the same Species of Treason Levying War is one thing and Assassinating is another L. C. J. Holt. But your design originally was restoring King James and deposing King William Sir W. Parkins That appears but by one Witness L. C. J. Holt. One way by Assassination the other by Invasion Sir W. Parkins Still it is but one Witness my Lord. L. C. J. Holt. One Witness it is two Witnesses for the design of the Invasion and restoring of King James Sir Will. Parkins Two Witnesses To what particular my Lord I beg your Lordship but one besides Circumstances L. Ch. Just Holt. You said the King would come Sir Will. Parkins So my Opinion was L. Ch. Just Holt. No not your Opinion you said you had his Word for it Sir Will. Parkins Was it possible for that to be true Which way should I have his Word when I was not out of England L. Ch. Just Holt. But you had Horses and Arms and a Troop and you bought Saddles you had Thirty Saddles in order to furnish a Troop Sir Will. Parkins Does any Body swear it was in order to that L. Ch. Just Holt. When you talkt of the King 's Landing and that you had his Word for it at the same time you had Thirty Saddles and you said your Troop did consist of old Soldiers Sir Will. Parkyns It wou'd be but it was not done I hope your Lordship will consider that The preservation of Subjects I hope will be more acceptable than the destruction of them L. Ch. Just Holt. We will do the King right and you too The King and Kingdom is very nearly concerned at this time Sir William have you any more to say Sir Will. Parkyns I think there is but one Witness and all the rest is nothing but Words and one Witness is not sufficient by the Law of England This is all I have to say L. Ch. Just Holt. I have told you my Opinion Sir Will. Parkyns My Lord your Lordship has known me many years my way was not for fighting but the Gown I was always a peaceable Man all my time and very unlike this all my time And now in my Old Age that I am troubled with the Gout and have lost the use of my Right Hand it is very unlikely that I should do such a thing as this Therefore I hope you will interpret all in a milder Sense and that you will be favourable to me and not inrerpret any thing to my destruction And so I humbly submit L. Ch. Just Treby Sir William my Lord Chief Justice desires to have our Opinion We ought to be tender in case of Blood your Life is at stake and we ought to be very careful concerning it But in matters of Treason the Life of the King and of all the People are likewise at stake We must be indifferent in this case and by the Grace of God I will be so The Question you propose is Whether there be Two Witnesses in this Case for the matter you are Indicted for The matter is compassing and imagining the King's Death There is one Witness that does positively prove that you did agree to that design of Assassinating the King's Person and that you did promise provide and Contribute to furnish Horses and Men for that Action This is proved but by One Witness it is true and if it went no further you Objection would have good ground there would be a defect of another Witness But this compassing the King's Death may be made more evident by other Overt-Acts besides that of Assassinating The Conspiring with a Foreign Prince to invade this Kingdom and providing Arms are Overt-Acts to compass the King's Death for it cannot be supposed but that he that would have an Insurrection and Invasion here against the Person of the King did intend the destruction of the King He that would take away his defence and leave him to his mortal Enemies he can have no design that the King should survive and call him to an account and render
England to make levy and wage our said Sovereign Lord the King to depose c. And further with the said false Traytors on the First day of July in the Year aforesaid in Covent-Garden aforesaid Traiterously did Consult Consent and â—gree to send the said Robert Charnock as a Messenger from him the said Sir William Parkins and the said other Traytors to the Jurors unknown to and into the Kingdom of France c. to the late King James to Propose Ask and Obtain from the said Lewis the French King the Forces and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such Traiterous Intentions and Adhesion and all other particular Matters c. relating thereunto And also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses to receive c. And in order to the better Assistance c. of the said Enemies of our said Sovereign Lord King WILLIAM in the War aforesaid And to excite and procure the said Enemies of our said Sovereign Lord the King the more readily and boldly to Invade this Kingdom of England and the said Treasons c. of him the said Sir William Parkins to perfect and bring to pass c. he the said Sir William Parkins during the War aforesaid did viz. on the 10th day of February with the said Robert Charnock and others meet consult c. our said Sovereign Lord King WILLIAM by lying in wait to Assassinate Kill and Murder and this execrable Assassination the easier to fulfil and bring to pass did prepare and consult with other false Traytors of the wayes means and methods and of the time and place when and where and in what manner viz. by lying in wait they might more easily kill and slay our said Sovereign Lord the King and did Consent and Agree with the said false Traytors that Forty Men and Horses part of the Traytors aforesaid some of them by the said Sir William Parkins to be procured with Musquets Carbines and Pistols charged with Gunpowder and loaden with Bullets and with Swords and other Arms to lye in Wait and Ambush against our said Sovereign Lord the King in His Coach being when He should go abroad a Hunting to set upon and Murder while others so Armed the Guards attending upon Him should Kill and Murder And that he did take upon him to provide Five Horses for those Men who should Kill and Murder our said Sovereign Lord the King And also that he the said Sir William Parkins the said Treason and Trayterous Conspiracies to execute c. afterward to wit the Day and Year last abovesaid divers Arms Musquets Carbines Swords and other Arms c. Falsly Maliciously Secretly and Trayterously did obtain and buy collect and procure and cause to be obtained c. and in his Custody had and kept with Intention the same in and about the Detestable Horrid and Execrable Assassination Killing and Murdering of our said Sovereign Lord the King and in the said Invasion to employ And also the said Trayterous Imaginations the better to bring to pass he the said Sir William Parkins in the Parish aforesaid divers Souldiers and Armed Men and Men ready to be Armed when the said Assassination should be did levy enroll and retain and cause to be levyed enrolled and retained And those said Souldiers and Armed Men thus Levyed Enrolled and Retained the Treasons aforesaid to bring to pass then and there ordered to be in a readiness to be used and imployed c. against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity as also against the Form of the Statute in that Case Made and Provided Cl. of Cr. How say'st thou Sir William Parkins Art thou guilty of this High Treason whereof thou standest Indicted or not guilty Sir W. Parkins Not guilty Cl. of Cr. Culprit How wilt thou be Tryed Sir W. Parkins By God and my Countrey Cl. of the Cr. God send thee a good Deliverance Sir W. Parkins I beg your Lordships favour for a word or two My Lord I have been kept in hard Prison I was Committed and no Body was permitted to come to me till Friday last And being here Charged with divers Facts it was necessary for me to have divers Witnesses and they are disperst And therefore I beg of Your Lordship that my Tryal may be put off that I may get my Witnesses together L. C. J. Holt. When had you notice of your Tryal Sir W. Parkins On Wednesday last in the Afternoon I had notice and not before then But being kept so close Prisoner I had not the opportunity of any Council till Friday at Noon and then it being but two days and I in distress and hardship it was impossible for me to get my Witnesses together L. C. J. Holt. What Witnesses do you want Sir W. Parkins I have divers Witnesses to prove where I was from time to time when these things were done that are charged upon me but they are out of Town and I cannot get them together in so short a time L. C. J. Holt. When had he Notice Mr. Baker He had Notice on Wednesday last in the Afternoon Mr. Sollicitor Gen. Mr. Baker How was it that he had not Counsel sooner Mr. Baker I told him last Wednesday that I would procure an Order for Counsel and he should have it the next Morning and Mr. Burley came to me the next Morning and had the Order L. C. J. Holt. You were told on Wednesday you might have what Counsel you would and you had an Order on Thursday Sir W. Parkins My Lord I could not have any without application to the Court at White-Hall and no Body came to me and it was Friday before any Body came to me L. C. J. Holt. You had your Sollicitor you might have imployed some Body and have sent for your Witnesses you might have told your Sollicitor and he would have come to me Sir W. Parkins I could not get him till Thursday and I had no Body to send L. C. J. Holt If you had spoke to the Keeper he would have sent Sir W. Parkins I did it as soon as I could The Keeper was not always in the way It was Execution day and he was not at home that day L. C. J. Holt. You say you have divers Witnesses but name none How long is it since you were Committed Sir W. Parkins This Day Fortnight I was Committed A Fortnight ago My Lord. L. C. J. H. And the Commitment charges you with High Treason Were you not committed for High Treason Sir W. Parkins I never saw the Commitment Mr. Sollicitor Gen. My Lord he had fair time for he saw his Name in the Proclamation long before he was committed He might have prepared from that time L. C. J. H.
The Keeper dare not keep a Copy of the Commitment from you you might have had a Copy of it Sir W. Parkins No body was permitted to come to me if I had had it but the very Goaler Mr. Baker I gave Sir William notice of his Tryal and he said The Time was short and he would Petition for longer time I told him it was appointed for that time and that I did believe he would not have longer Time given him L. C. J. H. We do not see any Reason to put off the Tryal upon these Suggestions Sir W. Parkins My Lord it is very hard I humbly beg the Favour that I may have Counsel allowed me I have no skill in Indictments I have no understanding in these matters I beg your Lordship to assign me Counsel L. C. J. H. You are not ignorant that Counsel has always been refused when desired in these cases Sir W. Parkins Here is a new Act of Parliament lately made L. C. J. H. That Act does not yet commence Sir W. Parkins It wants but one day L. C. J. H. It is not in our Power to take notice of it sooner We cannot make it commence a day before the time Sir W. Parkins Will your Lordship please that it may be read L. C. J. H. You shall have it read if you will Sir W. Parkins If your Lordship please Then the Act was read accordingly L. C. J. H. Sir William This Law has no effect as yet but the Law stands as it did before the making of that Act. Sir W. Parkins It is reasonable that I should have Counsel L. C. J. H. But Sir William we must go according to Law Sir W. Parkins My Lord the Law is grounded upon Reason and I have had such short notice that I could not have time to prepare to make my Defence I hope that which will be Reasonable to morrow is so to day And no doubt your Lordship may Order it especially when your Lordship sees how straight it is upon me that I cannot make my Defence L. C. J. H. We cannot go against Law We cannot make a Law but must go according to it Sir W. Parkins But it is just and reasonable the Act savs L. C. J. Holt. The Parliament have thought fit to make such a Law to commence the 25th of this Month and it is not Law till the Parliament have appointed it to be Law and we cannot make it commence before Sir W. Parkins If I had had convenient Notice I had been within the Compass of that Act and there is no other Man can want the Benefit of that Act but my self L. C. J. Holt. We cannot alter the Law but are bound by our Oaths to proceed according to the Law that is in being at present Sir W. Parkins Pray my Lord may not the Trial be put off for some little time I am utterly unprovided for making my Defence L. C. J. Holt. You do not name any Witnesses that you want nor the time you can have them in Sir W. Parkins I will name both if you please my Lord. Mr. Att. Gen. You have had as much Notice as any have had L. C. J. Holt. You have had as much Notice as Sir John Friend had yesterday Mr. Att. Gen. And as much as is necessary even after the Act of Parliament takes effect Sir W. Parkins Sir J. Friend was charged with single Facts about the time and I am charged with many things much more particular than he was Mr. Sol. Gen. My Lord this Act does not meddle with Notice of Trial but it continues the same as it was before L. C. J. Holt. No nothing at all Sir W. Parkins My Lord I hope you will be my Counsel L. C. J. Holt. So we will and do you all the Right we can Then the Petty Jury impannelled for his Trial was called and the Prisoner was informed by the Court that he might challenge 35 without Cause shewn and as many as he would assigning a good Cause Accordingly the Prisoner amongst others challenged two assigning as a Cause that they were the King's Servants But he was told by the Court that that was no Cause of Challenge but the King's Counsel did not insist on that if there were enough besides And this was said that it might not go for a Precedent that this is a sufficient Reason for a Challenge The Twelve that were sworn were William Northee Tho. Edlin Edward Gold Robert Sanderson Daniel Thomas Ralph Marsh Henry Whitchcott Joseph Whiston Robert Bampton Tho. Ems of Stanhopp Tho. Sutton Nicholas Rufford After which Proclamation for Information was made in usual manner Cl. of the Cr. Sir W. Parkins Hold up thy Hand which he did You Gentlemen of the Jury look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Sir William Parkins c. for that he as a false Traitor c. where the Indictment was again read Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty Your Charge is to enquire whether he be Guilty of the High Treason whereof he stands indicted or not Guilty If you find him Guilty then you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since If you find him not Guilty you are to enquire whether he fled for it If you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it say so and no more Now hear your Evidence Sir W. Parkins My Lord. L. C. J. Holt. What say you Sir William Sir W. Parkins You were pleased to say that you would be my Counsel If your Lordship sees any Fault in my Indictment that may be any Advantage to me I desire your Lordship to inform me L. C. J. Holt I have read it and I observe none Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This Indictment does contain as heavy an Accusation as ever was brought against any one For it charges the Prisoner not only with the traiterous Design of subverting the Government and of killing the King but also it charges the Prisoner with designing an Invasion upon these Kingdoms and an Assassination of the King's Person The Indictment sets forth that the Prisoner did meet with Mr. Charnock and other false Traitors and there it was agreed how to procure some French Forces to land here in England and also to raise a Rebellion against his Majesty within this Kingdom Mr. Charnock was sent as a Messenger from the Prisoner and the rest over to the late King James to acquaint him with this bloody Design and to desire him to procure and borrow of the French King as many Forces as he could spare to make this Descent upon these Kingdoms and to facilitate his Descent they promised to get as many
together as they could to meet him upon his Landing And it was agreed that forty Men should be provided of which the Prisoner was one to lie in wait and set upon the King in his Return from Hunting and to Assassinate him Some were to fall upon the Guards while others murdered the King in his Coach The Indictment further charges the Prisoner with providing several Horses and Arms and that he did provide five Horses for them that were to commit the Assassination And the Indictment also does charge the Prisoner with getting together several Arms. To this Indictment the Prisoner has pleaded not Guilty If you do not believe him Guilty of what the Indictment charges him with God forbid but he should be acquitted But if you believe him Guilty the Nation does expect you should do Justice to the King and Kingdom Mr. Att. Gen. My Lord and you Gentlemen of the Jury the Prisoner Sir William Parkins stands indicted of High Treason for compassing and endeavouring the Death of the King and adhering to his Majesty's Enemies The Overt-acts laid in the Indictment to prove this Treason are these That the Prisoner together with several others had several Meetings and Consultations wherein it was agreed to send a Messenger over to invite the French King to invade this Kingdom and to depose the King and subject this Kingdom to the Tyranny of a French Power And further that he entred into a Conspiracy with several Persons to murder his Majesty These are the Overt-acts to prove this Treason against the Prisoner The Evidence to prove this will be in this manner It will appear that the Prisoner had a Commission from the late K. James to raise a Regiment of Horse in England and that in May last the Prisoner had a Meeting with several others at the Old King's-head in Leadenhall-street where there were present the Lord Ailesbury the Lord Montgomery Sir John Friend Sir John Fenwick Sir William Parkyns Mr. Charnock Capt. Porter Mr. Cook and Mr. Goodman came in after Dinner At that Meeting it was consulted among them how they should bring back the late King James and depose his present Majesty King William And in order to that did resolve to send a Messenger Mr. Charnock one of them to the late King James to desire him that he would obtain from the French King about ten thousand Men to invade this Kingdom eight thousand Foot a thousand Horse and a thousand Dragoons And to incourage the late King James to do this they did assure him by their Messenger they would meet him with two thousand Horse upon his Landing They all agreed they would do this and Mr. Charnock did agree to go upon this Errand About a Week after Mr. Charnock not being willing to go without good Assurance from them that sent him did desire there might be another Meeting And accordingly there was another Meeting of the same Persons of which the Prisoner was one and that was at Mrs. Mountjoy's a Tavern in James-street And at that Meeting they did all agree as formerly to continue the Resolution they had taken to send Mr. Charnock over to the late King James to assure him of their Assistance if he would give them notice when and where he would land And they did take notice that that was a very proper time for such an Invasion to be attempted for the King was then gone into Flanders and most of the Forces were drawn thither and the People very much dissatisfied and therefore it would be very easy to accomplish such a Design at that time And they did therefore desire Mr. Charnock to go upon that Errand and to desire that the late King James would be speedy in his Coming After a few days Mr. Charnock did go to France and delivered his Message to the late King James who took it very kindly but said the French King could not spare so many Forces at that time And he came over again and brought that Message to those Gentlemen that sent him This was in May or June last and so the Conspiracy ceased at that time But you will hear last Winter it was revived again and was attempted and carried on very near to a fatal Success You will hear Gentlemen that the Prisoner at the Bar has had as great a hand as any in this barbarous Conspiracy and Treason not only in the Invasion that he and the rest sent the Messenger over to procure but in the blackest part the Assassination of the King About January last Sir G. Berclay Lieutenant of the Guards to the late King James in France was sent over into England to excite Persons to go on in the assassinating of the King and for his Assistance there were sent over before and after him about twenty Troopers of the late King James's Guards in France and Sir G. Berclay to incourage Persons to ingage in this horrid Conspiracy brought over with him a pretended Authority from the late King James to justify them and that was a Commission from the late King James He communicates this Design of his to Mr. Charnock Capt. Porter and others and amongst the rest to the Prisoner at the Bar having a great Confidence in him He did acquaint him he had such a Commission and shewed it him and that the Commission was to levy War against the King's Person which they took as a sufficient Authority to attack his Person In order to the accomplishing this horrid Conspiracy several Meetings there were at which the Prisoner was present and very active sometimes at Capt. Porter's Lodgings at other times at the Nag's-head in Covent-Garden and the Sun-Tavern in the Strand You will hear that at these Meetings they did propose several Ways and Methods to accomplish this Conspiracy and several Persons some of which have suffered the just Punishment of the Law were appointed to go and view the Ground where most conveniently the King's Person might be assaulted King that has been executed for it and Capt. Porter and one Knightly went to view the Ground to see the most convenient Place And the Day before they went there was a Meeting at which was present the Prisoner and several others where it was resolved upon that they should go and view the Ground and Capt. Porter Mr. Knightly and Mr. King accordingly went to see the most convenient Place After that at Brentford they went over to Richmond where his Majesty used to go a hunting to divert himself At last they pitch'd upon a Place a Lane between Brentford and Turnham-green and they thought that a convenient Place for doing this barbarous thing And when they had viewed the Ground they were to come back in the Evening to the Nag's-head-Tavern where the rest were to meet to give them an Account of their Proceedings Accordingly in the Evening they came back and at the said Place were the Prisoner Sir G. Berclay Mr. Charnock and others and there they had an Account of the thing and they
first discourse was with him about King James his Landing what did he say Mr. Sweet Sir William Parkins told me now he did believe he would Land for he had his own Word for it Mr. Att. Gen. What did he say of any Preparation that he had made Mr. Sweet The Preparation was his own Troop L. C. J. Holt. Did he tell you he had a Troop or that he was to have one Mr. Sweet I speak his own Words which were My Troop consists of all old Soldiers Mr. Att. Gen. And what did he speak of Voluntiers Mr. Sweet He said he had some Gentlemen that would follow him as Voluntiers and would go with him Mr. Mountague When you had discourse of the present King what Name did he give him Mr. Sweet He called him the Prince of Orange Sir W. Parkins Consider that did you ever hear me call this King Prince of Orange since he was King Mr. Sweet I do not know I am not positive in that Mr. How long have you been acquainted with Sir William Parkins Mr. Sweet Three years Mr. Soll. Gen. Have you ever heard him call this King Prince of Orange Mr. Att. Gen. What did he use to call him You had frequent discourse with him about the present Government Mr. Sweet He would call him King William and the little Gentleman Mr. Att. Gen. What did he call him else Mr. Sweet King William the little Gentleman our Governour Sir W. Parkins When did you hear me call him the little Gentleman Pray consider of it I am sure I always called him King William but never the Prince of Orange nor the little Gentleman I am sure I never used such an expression L. C. J. Holt. Recollect your self speak the truth and no more did you ever hear him call him little Gentleman or Prince of Orange Mr. Sweet I am studying the time I am sure I have heard him call him Prince of Orange and King William too but when he spoke of the King I understood him to mean King James L. C. J. Holt. Sir William when you came from Leicestershire you talked with him of the King's Friends and how well disposed they were for the King's Interest and he understood it of King James and you said the West was as well disposed as the North. Were you to go to Leicestershire to see whether the People were well disposed to King William Sir W. Parkins No My Lord nor King James neither L. C. J. Holt. Why did you concern your self with the King's Friends in the West and in the North Mr. Soll. Gen. When was it that Sir William spoke to you of the King 's Landing Mr. Sweet About Christmas Sir W. Parkins Did I tell you positively that he was to land Mr. Att. Gen. You said you had his word for it Sir W. Parkins That cannot be it carries no Probability with it It were strange if I should have it from the King 's own Mouth when I never was out of England indeed if I had been out of England it had been something Mr. Cooper He did not say from the King 's own Mouth but you had the King's word for it L. C. J. Holt. Sir W. Parkins Why did you send your Man to Kensington to speak with one Brown and what was that Person that lodged at the Confectioners in Holbourn over against Grays Inn Sir W. Parkins I know neither Brown nor the other but I lent my Man at the Request of Mr. Charnock who lodged at the same House with me he desired me to lend him my Man to go on an Errand for him and I lent him my Man that was formerly his Servant and he knew the Man I knew neither of them nor their business nor whether there were any or no. He imployed him about what I know not nor their Business L. C. J. Holt. Have you any more to say Sir W. Parkins I think my Lord there is but one positive Evidence as to any Overt-Act L. C. J. Holt. What do you think of the Design to bring in King James to assist him with Horses and providing Horses and Arms Sir W. Parkins There is no positive proof of that of Arms. L. C. J. Holt. Yes of Arms about Michaelmas last there were Arms sent to your House which you sent to Mr. Charnock's Brother-in-Law These Arms lay there till Ashwednesday at Night and then were fetcht away by Night and removed and buried at your House and taken up again and an account has been given what Arms they were there were four dozen of Swords there were Hilts to them and 25 Cases of Pistols and several Carbines Sir W. Parkins My Lord it does not appear that they were bought nor for what intent they were bought L. C. J. Holt. But then he tells you your going to Leicestershire was understood to be for King James and settling his Interest there which by and by I must leave to the consideration of the Jury that is an Overt-Act and when you came back you gave an account how they were disposed in the West as well as in the North. Sir W. Parkins But is this an Overt-Act of Treason to tell how People stand affected L. C. J. Holt. But your going with that Design Sir W. Parkins He does not prove that Design I went to see my Friends L. C. J. Holt. Mr. Sweet did not he tell you he was to go into Leicestershire Mr. Sweet Yes to meet some of the King's Friends L. C. J. Holt. Did he tell you who Mr. Sweet Yes my Lord that there was a Lord's Brother and when he came back he told me all was well and that the West was as well inclined as the North. L. C. J. Holt. To what Mr. Sweet To the King's Interest L. C. J. Holt. Did he speak of a Lord's Brother what did he say of a Lord's Brother Mr. Sweet There were several Persons concerned and among them a Lord's Brother Juryman I desire your Lordship to ask him for we took it so before in the course of the Evidence when he discoursed of the King 's landing we took it of the late King James L. C. J. Holt. Did he ever mention King James Did he name King James or King William Mr. Sweet He never used to say King James but I took him to mean King James he called him the King Mr. Att. Gen. Who could land but King James Mr. Soll. Gen. About what time was that Discourse Mr. Sweet About Christmas Sir W. Parkins If I did say the King is to land I hope this discourse cannot be interpreted Treason but words He says I said I had it from the King 's own Mouth which is impossible but if I had said I had it from the King 's own Mouth and did tell him so it is no Overt-Act it cannot be interpreted Treason And then for the other I am charged with being in a consultation for sending over Mr. Charnock there is but one Witness there is only Mr. Porter for that and that
this King and set up the late King upon the Throne that had been High-treason within the Statute of Edw. 3d. that were an Overt-act to prove a Design for the Deposing of King William So that if the Assassination were out of the Case there had been a full Proof if Mr. Sweet does prove any such matter which by and by is to be considered But then supposing the meeting at the Kings-Head and at Mrs. Mountjoys had been omitted then the Case had been no more than this than a design to Depose the King that is an Overt-act of a design to Depose the King never that I know contradicted But then there is several ways thought of First the Design was by Arms without any relation to killing the King but only by Arms. Then they come to think further and to consider that the late King James cannot be Restored unless King William be Killed and then they determine upon That Now the design of Restoring the late King by Arms is one Overt-act And the design of Assassinating the King is another Overt-act So although the Law does require there should be two Witnesses to the same sort of Treason yet the Law does not require two Witnesses to every Overt-act For if one Witness prove one Overt-act and another Witness prove another Overt-act there is two VVitnesses within the meaning of the Statute And that has been always practical and never denied that I know of Besides as my Brother mentioned before the New Act of Parliament that has not yet taken Effect says that there shall be one Witness to one Overt-act and another to another of the same Species of Treason Now it doth appear that these are Overt-acts of the same Species of Treason But then Sir William Parkins does object that Mr. Sweet and the other Witnesses besides Capt. Porter do not prove any Overt-act against him at all Now then you are to consider the force of Mr. Sweet's Evidence and I will open to you first the Discourse at Christmas about the late King James's Landing He told him he had his word for it and that his Troop consisted of such a Number and his providing of Arms. He says these are only Words Now then consider also whether these words are not Overt-acts That Sir William Parkins had Arms beyond what he as a Private Man had occasion to use that is most plain he does not give any account about it He says he wants Witnesses and that he had not time to provide Witnesses he does not give any account to what purpose he should have them or what he was to do with them Being a private Man certainly he had not occasion for these Arms. Then the removing these Arms to Mr. Heywood's House and then afterwards carrying them away in the Night to his own House and burying them a little after the Plot was discovered then what kind of Arms these were If providing of Arms were an Overt-act having of Arms was certainly an Overt-act And then Gentlemen he had a Troop his Troop consisted of old Soldiers and he had Arms. Now Mens Discourses and Words must explain their Actions An indifferent Action may be explained by words it is Lawful for a Man to Buy a Horse and Pistols but if he tell any one he will buy a Pistol and with that immediately go and Murther the King If he tell you he will buy a Horse and go with it and lie in wait for the King and kill the King There his own words are an Explication what he bought his Horse and Pistol for Now when he says the late King is to Land and Arms are found upon him I must leave it to your Consideration to what purpose he would use his Arms seeing he gave no account what they were for But he tells you he found them at his House in Warwickshire two Years ago But to have such a quantity of Arms was no way suitable to the Circumstances he was in Then another thing was his going into Leicestershire with Capt. Scudmore there meets him one Mr. Yarbury And he comes back on Thursday and home to Bushy on Monday Night and tells Mr. Sweet he found the Gentlemen of that Country were very well affected to the King as well affected in the West as they were in the North. What King must he mean He had no Commission from King William he does not pretend to it to go into Leicestershire to know the Minds and Affections of Men there he had no Authority from King William to go upon such a design And then speaking that the King would Land whether he means King James or no I must leave it to your Consideration It is very true it is not fit that there should be any strained or forced Construction made when a Man is upon a Trial for his Life that is out of question you ought to have very satisfactory Evidence to convince you that a Prisoner is guilty of what he is charged with But however you are to consider not only the things but the Circumstances that do attend those things and the Circumstances Men are under when they do or act any thing whatsoever For to pretend in this case that Sir William Parkins went to know the Affections of the People in Licestershire to King William and that he meant those in the West were as well affected to him as those in the North cannot be imagined And Mr. Sweet tells you that always when he did speak of the Kings Landing he understood him to mean the Late King James And indeed that must be meant For King William was in England and Landed before and it does not appear that Sir William Parkins had any design to engage himself in King William's Service So that I must upon the whole matter leave it to your own consideration If you are satisfied that Sir William Parkins is guilty of this Matter wherewith he is charged then you are to find him Guilty You have heard the Evidence and you are to consider of it If you are not satisfied in the matter for which he stands charged in the Indictment then you are to acquit him Then the Jury withdrew to consider of their Verdict and an Officer was Sworn to keep them according to Law till agreed and about a quarter of an Hour afterwards they returned into Court and the Prisoner was brought to the Barr. Clerk of Arr. Gentlemen Answer to your Names William Northey Mr. Northey Here and so of the rest Cl. of Arr. Gentlemen Are you agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkins 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 that we know of Goaler
them out of Town upon that Disappointment and sending for them again before the second Saturday when the King was to be Assassinated By his having more Horses than usual and taking care of three Horses that were none of his own brought by a Person unknown And all these Eight Horses carried away that Saturday upon the Disappointment by the King 's not going as they hoped he would a Hunting And my Lord I must observe to you that upon the Message that was sent by Sir William Parkins one of those Horses was brought from Somerset-House and brought by Mr. Lewis who it is apparent was privy to this Design Besides this there is another Circumstance in the Evidence that has not been observed And that was the sending for Mr. Sweet up to Town before the second time that the King was to be Assassinated The first time he came up he was asked in what Condition he had left his Family how they were provided for And he said he had left them without Mony Sir William Parkins then chid him and said he might as well have staid at home And said he had once a Design to have used him in a Matter he had for him to do in Town but he had Compassion on his Family and therefore would not make use of him All these favour of that Design which Captain Porter positively accuses him for But as to the other part of the Indictment which is his Design to meet the French with an Armed Power that is sworn to by two Witnesses Captain Porter tells you he was at the two Consults where that was resolved upon the Old King's head Tavern in Leaden-Hall-street and at Mrs. Mountjoy's in James-street They all agreed to meet the late King with 2000 Horse when he was to Land with a Foreign Power and Sir William Parkins was with them And Mr. Sweet tells you Sir William acquainted him with the Design and said he had a Troop of old Soldiers My Troop in the Present Tense he spoke it He did himself that right to examine into that matter And the Evidence repeated it My Troop consists of all Old Soldiers and he was to have several Gentlemen Voluntiers that were to join him As to the Joining with the French the Raising of Rebellion in England and Deposing the King which is Killing him in his Politick Capacity two Witnesses go home to that And the Evidence as to that is corroborated by several strong Circumstances The Journey that Sir William Parkins said he would undertake into Leicester shire he did go He comes back in February and makes report to Mr. Sweet of the Success of that Journey That the King's Friends by which terms he meant the late King James's Friends were well affected That the King would Land That when he spoke of King William as sometimes he did he called him the Little Gentleman sometimes King William sometimes the Prince of Orange But whenever he spoke of the King by way of Execellency he always meant King James And when he spoke of the King 's Landing it could not be meant of King VVilliam as every body knows The Prisoner has said in his defence that the Man that was sent to Kensington was formerly Mr. Charnock's Servant and that Mr. Charnock desired him to let him go on a Message for him But yet my Lord I must observe that the Evidence swears positively that he was sent by Sir VVilliam Parkins and brought back the Message in his Almanack to the Person that lodged at the Confectioners to whom Sir VVilliam Parkins had directed him to resort to that Person that lodged at the Confectioners over against Grays-Inn Gate who did not remit him to Mr. Charnock but to Sir VVilliam Parkins to tell him that he would be at home till Sir VVilliam Parkins should be ready for him My Lord Sir VVilliam Parkins has complain'd that if he could have had time to get his Evidence he could have proved that these Arms had been at his House two Years and that he sound them at his House But if Sir VVilliam Parkins could prove that he had these Arms in his House two years and that he found them at his house we would confess and avoid it They were recommended by a Letter from Mr. Charnock a very suspicious Person in this matter to be disposed of and they were hid and lay conceal'd at Mr. Heywood's House till this design was disappointed and then carried to Sir VVilliam Parkins's House and were buried in his own Garden for the better securing of them And this on the breaking out of the Plot. Sir VVilliam says they were Rusty But now it appears they were clean and the Hilts off packt up together and all fit for use My Lord in the last place he has recourse to Arguments of Pity which is the most moving of all He has told us of his Age and Family and Education I am very unfit to answer such Arguments and unwilling to extinguish Pity But this we must answer That he did not Pity himself at that time when he might have done it And he should have had Pity upon his Country upon the Best of Kings and Men when they thought they had him in their Power But then they had no Pity on him for it is plain they persisted in their Resolution after one Disappointment they proceeded to a second and so their Design was frustrated My Lord This is the Sum of the Evidence and of his Defence as well as I could recollect it And though these Considerations may not quite extinguish your Pity yet we hope it will incline you to do the King and Kingdom Justice And this is all we shall ask of you Then the Lord Chief Justice Holt directed the Jury to this Effect L. C. Just Holt. Gentlemen of the Jury Sir VVilliam Parkins the Prisoner at the Bar is as you have heard Indicted for High-Treason that is for Compassing Imagining and Designing the Death of the present King There have been several Witnesses produced to make this evident upon his Indictment The first of them is Mr. Porter that has been a Witness heretofore against several upon the like Occasion And he gives you this Account That about the latter end of May or beginning of June last there was a Meeting of divers Persons at the Old Kings head Tavern in Leaden-Hall street in this City where they Dined together There was Sir VVilliam Parkins himself Sir John Femwick and divers others that he has mentioned to you At that Meeting they did Consult together which way the late K. James might be restor'd and it was thought very necessary that there should be a French Force sent over to act here in his behalf towards his Restoration And they did among themselves agree and determin what number might be convenient and did propose 10000 Men and that a Messenger should be sent over to K. James to endeavour to prevail with the French King to furnish him with such a number of
Men to be sent over into England Mr. Charnock that was then in the Company was agreed upon among them to be the Messenger to go over to King James He accepted of it on their Promise that they would raise among themselves 2000 Horse to meet King James at such time as he should Land This being at that time determined and Mr. Charnock having accepted of the Employment by what I perceive the Messenger did make a preparation to go forward A few days after this about a Week or thereabouts there was another Meeting at which most of the same Persons were that were present at the former and among them Sir William Parkins was one And this was at one Mrs. Mountjoy's House that keeps a Tavern in St. James's Streetâ— There they did discourse of what they had formerly agreed upon and did consider whether or no they should proceed in that Design that was before resolv'd upon in the former Meeting And they did all of them agree to persevere in the same Design and did determin that Mr. Charnock should go over with that Message Accordingly Mr. Charnock did go for Mr. Porter met him afterwards about five or six Weeks after and Mr. Charnock told him he had been there and that he had been with those several Gentlemen that were at those Meetings and had acquainted them with the success of his Errand which was that King James did tell him That at that juncture of time the French King had such occasion for his Forces that he could not that Year furnish him with them So that is one thing proved by Mr. Porter against Sir William Parkins in which Mr. Porter is very peremptory and positive But then Mr. Porter tells you further That there was a design of Assassination set on foot and that Sir George Berclay was engaged in it who about the latter end of January last or the beginning of February was sent over hither with a Commission from the Late King James Sir George Barclay and Sir William Parkins Captain Porter and divers others had several Meetings in several Places at the Globe Tavern in Holbourn the Nag's Head the Sun Tavern in the Strand and other Places And at these Meetings it was taken into consideration which was the best and most effectual way to bring about their Design to restore King James And it was agreed among them all That the best course that could be taken was to kill King William And at all these Consults at which these Resolutions were taken Sir William Parkins vvas present And when Mr. Porter was asked whether Sir William Parkins did consent to that Resolution he says he said he thought it very convenient This is Sworn by Mr. Porter This design of the Assassination being so resolved upon the next thing was how it might be effected And there were several ways that were proposed One way was to Assassinate him on the other side of the Water the King going frequently once a Week a Hunting when he had a mind to Divert himself using to come back in the Evening Then it was proposed to do it by falling upon the Guards on this side of the Water The place not being agreed on where it should be done they did send it seems three Persons to view the Ground there was Mr. Porter Mr. King and one Knightly So some days before the 15th of February these Persons viewed the Ground and having viewed the Ground they returned in the Evening to a Tavern where these Persons met together Mr. Charnock Sir George Berclay Sir William Parkins and they made their Report upon the view of the Ground And upon that Report those Persons made it was then agreed That the Attempt should be made on this side of the Water that is in a Lane that the King was to come through a Lane between Turnham Green and Brentford And when the Attack was to be made thereabouts Sir William Parkins was to furnish five Horses whereof three were to be mounted by Men of his own providing the other two by Men of Mr. Porter's providing It was Mr. Porter Mr. Charnock and one Rookwood that were to be principally engaged and the number of Men were to be about Forty or somewhat more And Sir George Berclay with his Party were to Attack the King in his Coach while Rookwood and the other Party fell upon the Guards Well the time agreed upon at first was Saturday the 15th of February that day it was expected the King would go out a Hunting and there were two Men Planted at Kensington and they were to give notice when the King went and those Persons were to go and lye in small Parties thereabouts and when notice was given that he was out they were to make the Attack But it seems this Design was disappointed by the King 's not going abroad that day so they lost their end at that time But it seems notwithstanding this the Design was not at an end they were not so discouraged at this disappointment but they did agree to make another Attempt And there was another Meeting that Captain Porter tells you of And that was on Friday following the 21st of February at the Sun Tavern in the Strand if I mistake not And at that Meeting was Sir William Parkins Sir George Berclay and Rookwood And they did agree to do the Business the next day in the same manner and method they formerly had agreed to Sir William Parkins was not to be one himself tho he was to provide others You are told further that Captain Porter having the misfortune to have two of his Horses fall Lame he acquainted Sir William Parkins with it and Sir William Parkins promised to help him to two more and Mr. Lewis was to furnish them You are told further that before this Sir William Parkins sent to Mr. Sweet to come to Town he sent to him about the 11th of February Mr. Sweet comes to Town about the 12th of February there he had Discourse with him and tells him he had some Work for him and ask'd him how he had left his Family whether he had settled his Family No says Sweet Then says Sir William Parkins you are not fit for that Employment that I intended for you you may go out of Town again Then he comes the Friday following then his Groom was to bring some Horses to Town and he does bring four to Town Then Mr. Sweet came to Town and on Saturday Sir William Parkins says that he would go out of Town that Afternoon but he stayed till Monday and then he went out of Town Friday following the Horses came to Town again and were set up at the George Inn. The next day was to be the Assassination Mr. Lewis was to furnish Mr. Porter with two Horses five Horses were to be furnish'd upon Sir William Parkins's account and five Horses Sir William Parkins had there at that time This is proved to you by the Hostler Then Mr. Lewis himself comes on Saturday