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england_n	kingdom_n	say_a	sovereign_a	3,668	5	10.3040	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63153	The tryal and condemnation of Sir William Parkyns, kt., for the horrid and execrable conspiracy to assassinate His sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason, at the sessions-house in the Old-Baily, March 24, 1695/6 : together with a true copy of the papers delivered to the sheriffs of London and Middlesex, by Sir J. Freind [sic] and Sir W. Parkins, at the place of execution.	Parkyns, William, Sir, 1649?-1696, defendant.; Friend, John, Sir, d. 1696.; England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex).	1696 (1696)	Wing T2153; ESTC R17270	58,904	40

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 Rec●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 F●●ty Ounces of Plate We had it from Mr. Secretary Trumbals Office we did not seize it but fo●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 necessar● support while in Prison let the Plate be sold for his support while he is in Prison Care shall be ●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 afo●esaid viz. upon the First day of July in the Year aforesaid and at other Dayes and Tim●s as well before as afterward in Covent-Garden and elsewhere in the County of Middlesex ●id Falsly Maliciously c. and with Force and Arms with one Robert Charnock lately Convi●ted of Treason and with divers other false Traytors to the Jurors aforesaid unknown did M●et Propose Consult and Agree to Procure from the said Lewis the French King Forces ●ubjects and Souldiers great numbers c. this Kingdom of England to Invade and to Levy ●rocure and Prepare great Armies and Armed Men against our said Sovereign Lord the King ●● be raised and formed and with the Enemies aforesaid to and upon such Invasion and Ingress● into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of England to

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

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

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