April the 10th 1696. I Do Appoint Samuel Heyrick and Isaac Cleve to Print the Tryal of Sir William Parkins Knight and Order that no other Person presume to Print the same I. Holt. The Arraignment TRYAL AND CONDEMNATION OF Sir William Parkins K nt 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 the Sheriffs of London and Middlesex at the time of their Execution LONDON Printed for Samuel Heyrick at Grays-Inn Gate in Holbourn and Isaac Cleve at Serjeants-Inn Gate in Chancery-Lane 1696. Die Martis Vicesimo quarto Martij Anno Dom. 1695. Anno Regni Regis Willielmi Tertij Septimo This Day the Trial of Sir William Parkyns came on at the Sessions-House in the Old-Baily for High-Treason in Conspiring the Death of the King and Promoting a French Invasion for the Restoring the late King James Cl. of Arr. CRyer make Proclamation Cryer Oyez Oyez Oyez All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex and were Adjourned over to this day Draw near and give your attendance for now they will proceed to the Pleas of the Crown for the same City and County and God save the King Cl. of Arr. Middlesex Cryer Make proclamation Cryer Oyez You good men of the County of Middlesex summoned to appear here this day to try between our Sovereign Lord the King and the Prisoner that shall be at the Bar answer to your names as you shall be called every man at the first Call upon pain and peril shall fall thereupon Then the Jury that were Returned in the Pannel were all called over and the Appearances of those who answered to the Call were recorded About Ten of the Clock the Judges to wit the Lord Chief Justice Holt the Lord Chief Justice Treby and Mr. Justice Rokeby came into the Court. Cl of Arr. Set Sir William Parkyns to the Bar which was done Sir William Parkyns Hold up thy Hand Parkyns My Lord if you please I humbly beg the favour of one word before I am Arraigned My Wife coming to see me in my Distress sent up a Trunk of Linnen for our use and the Sheriffs of London have seized it and do detain it It has Linnen in it and all her necessary things and all things have been torn from me since I was Apprehended but what is there I have nothing to subsist upon but what is there for no Money can I get from any body no body will pay us a farthing Mr. Sh. Buckingham My Lord We were sent for to Mr. Secretary Trumball's Office and when we came there there was a Trunk that had been seized as belonging to Sir William Parkyns and when we came thither it was opened and there was in it some Houshold Linnen and some Plate and Mr. Secretary Trumball was pleased after having searched the Trunk to Seal it up and Deliver it to my Brother and me to be kept and this is all we know of it L. C. J. Holt. Where was this Trunk Seized Mr. Sh. Buckingham We found it in the Secretaries Office and it was Delivered to us there and we gave a Receipt for it to bring it down again when called for we did not Seize it L. C. J. Holt Look ye see Sir William Parkyns your Trunk was Seized I suppose in order to search for Papers Parkyns Yes I believe it was but I hope it shall be Delivered back now they have found nothing in it and I have nothing else to subsist upon but what is there L. C. J. Holt. Is there any Plate there What is there in the Trunk Mr. Sh. Buckingham There is some Diaper and Damask Linnen a Carpet and some pieces of Plate two or three hundred Ounces of Plate for ought I know We had it from the Secretaries Office we did not seize it Then the Judges consulted among themselves L. C. J. Holt. He ought to have his Plate to sell to support him that he may have Bread Parkyns Will Your Lordship please to direct the Sheriff to deliver it back L. C. J. Holt. Well some care or other shall be taken in it Parkyns My Lord I have nothing to subsist upon unless I can make something of what is there I have a Wife and four Children and nothing to subsist upon L. C. Just Holt. Let your Wife make application for it at the Secretary's it cannot now be done here Why did you not make complaint of it before If you had care had been taken in it Parkyns I was told there was a Petition for my Lord I was a close Prisoner and they told me there was a Petition but my Wife never mentioned any thing of it to me while afterwards and they talk'd of an Order of Council that they had for the Sheriff's seizing it but when I came to inquire into it there was no Order about it but only to search and examine it L. C. Just Holt. Well some order shall be taken about it Mr. Sh. Buckingham My Lord we have given a Receipt to the Secretary for it L. C. Just Holt. But he must have wherewithal to subsist and buy him Bread while he is in Prison Mr. Sh. Buckingham My Lord I see Mr. Burleigh there who was Sir John Friend's Sollicitor I would humbly move your Lordship that it may be enquired into how he came by the Pannel of the Jury Yesterday for it seems to reflect upon us as if we had given the Prisoner a wrong Pannel Mr. J. Rokeby No I think there can be no Reflection upon you but I think it would be very proper to have the matter examined L. C. Just Holt. Aye let Burleigh come in Which he did Pray how came you by that Pannel which you gave to Sir John Friend Burleigh My Lord I had Three several Copies sent me by Sir John Freind 's Friends to the Horn Tavern about three or four a clock and I delivered one of them to Sir John Freind but he had one before I delivered mine L. C. Just Holt. Who sent them to you or brought them to you Burleigh I had them brought to me by a Porter Mr. Baker You know you might have had it from the proper Officer for asking Burleigh I had them brought me from Sir John Friend's Friends L. C. J. Holt. Can you tell who had it from the Sheriff Burleigh My Lord I know not I had Three Copies sent me in a quarter of an hours time whence they came I know not the Sheriff knows me and every body else
and he would not go out of Town in the Morning but he would go in the Afternoon and it will appear that he did not go out of Town that Day nor the next Day nor till Monday and then the Design had miscarried by the King 's not going abroad a Saturday and the Horses were carried back and when he went out of Town upon Monday one Holmes went along with him and he went with him to his house in Hartfordshire and there he staid until Fryday after which was the Day before the next time that was appointed for the Execution of the Assassination And upon the Fryday they came up again and then there were more Horses 4 or 5 that were brought up that Day and all of them with Pistolls and Jack Bootes and other Furniture and Accoutriments for Troopers and these came to the George Inn where Sir Wil. Parkins gave his man Eubank perticuler Orders to be very early the next Morning at Kensington that was the 22d and he was to go as he told him to one Brown that he said was Concern'd in the Kings Kitchin and Liv'd 2 Doors off the Gate that turns up to the Kings house and he was to tell him he was Sir W. Parkins's servant but that he came from a man that Lodg'd at a Confectioners house over against Grays Inn in which place by the Description of the person you will find Sir Geo. Barclay lodged The man went accordingly at 8 a Clock in the Morning to Kensington and inquir'd out this Brown and met with him and told him he was Sir W. Parkins's servant but came from the Gentleman that Lodg'd at the Confectioners in Holbourn Brown said he had nothing to say to him but bid him give him his Almanack and he writ in it that he wou'd be in Town in 2 hours himself and wait upon him And bid him carry that to the man that lodg'd at the Confectioners and this Brown by the Circumstances of the whole must probably be one of the Orderly men who lodg'd at Kensington to give notice when the King and the Gurds went out Sir Wil. Parkins's servant came back to the Confectioners house and there he met with a man that went by the name of Rogers he 'll tell you he was a Scotch man for he spoke broad Scotch and he 'll give you a particular Description of the man by which I believe it will appear that it was Sir Geo. Barclay Sir Wil. Parkins's servant after he had Deliver'd his Messuage to this Rogers came back to his Master and told him he had done his Errand according as he was order'd and Sir Wil. Parkins ask't him what Rogers said and he told him that he bid him tell his Master if he wou'd come to him he wou'd be ready at home for him This was upon Saturday Morning the 22d of February About 11 a Clock that day Sir Wil. Parkins and this Lewis that we spoke of before came to the George Inn and there Sir Wil. Parkins ask't his servant whether he had receiv'd any more then 2 Sadles for there were 2 Sadles sent in thither according to an order that hath been given to furnish two other Horses that stood their at the George Inn and which Sir W. Parkings told his Groom belonged to two Friends of his and bid him besure to take care of them and to see them well fed and order'd 2 Sadles to be bought for them Lewis said he did think they had more then two but you will see by the Evidence that this same Lewis had provided 30 Sadles for Sir Wi. Parkins but there seem'd to be a Controversy between them and that time how many had really been sent in and Lewis affirm'd there was 24 but Sir W. Perkins said I have had but 22 of the 30 yet for I have but 2 brought in here and I had 20 before This you will hear fully prov'd and I think it is Impossible for any body to believe but that all this preparation of Sadles Pistols Boots and other things must Convince any body of the Prisoners being so far Ingaged in this Design that he can never Answer it without giving you a very good Account what this preparation was for Gentlemen a great part of this will be prov'd to you by one that Acted in it as a servant to Sir W. Parkins that is as to the comming up of the Horses Jack Bootes Pistols and other Arms at that time and that when on the last Saturday it was Disappointed all the Horses not only those Sir W. Parkins brought but the other two went away in a great Hurry and Confusion and nothing was ever heard of them more and that will be prov'd by the Servants in the very Inn. Gentlemen I have now open'd to you the nature and state of the Evidence we will call our Witnesses and make it out very undeniably and Substantially and therefore I will not give you any further trouble Mr. Sol. Gen. Call Mr. Porter who was Sworn Mr. Porter pray will you give the Court and the Jury an Account of the meeting at the Kings Head in Leaden hall street and who was there and what Resolutions and Agrements they came to Capt. Porter About the latter end of May last or the begining of June there were two meetings had the one was at the Kings Head in Leaden hall street the other was at Mr. Mountjoyes near Sir John Fenwicks At the First meeting there was my Lord of Aylesbury my Lord Montgomery Sir J. Friend Sir W. Parkins the prisoner at the Barr Sir J. Fenwick Capt. Chernock Mr. Cook and my self Mr. Goodman came in after Dinner and there we Consulted which was the best way for King James's coming in and we all Resolv'd to send a Messenger to him to to Invite him over and to desire him to Interpose with the French King for the Getting 10000 men to come over with him 8000 Foot 1000 Horse and 1000 Dragoons It was then Consider'd who shou'd be sent and all the Company agreed Mr. Chernock was the properest person Says Mr. Chernock if you send me pray tell me what Errant I shall go upon We did likewise then agree that he should assure the King if He would come over at such a time we would meet Him with a body of 2000 Horse Mr. Att. Gen. Did Chernock undertake to go upon that Message Cap. P. Yes he Did and to propose this matter to Him that He might propose it to the French King for the getting of the men Mr. Sol. Gen. Before you go away I Desire to ask of you one thing Did Sir Wil. Parkins the Prisoner at the Bar agree to the Message Capt. P. Yes he Did. Mr. Sol. Gen. Had you any other meeting about this business and when was it and who was there Capt. P. My Lord Capt. Chernock said at first he would not go of a foolish Message and thereupon we all agreed to be at the head of 2000 men to meet
Lord hear what they can say L. C. J. H. They cannot say any thing no Councel in the World that understand themselves can Argue any thing against what has been so often Settled and always Practised Friend My Lord if it be to be granted I beseech your Lordship to grant it L. C. J. H. It cannot be granted besides the matter you now move upon is improper it was all considered upon your Tryal It was told you we did all agree that a Conspiracy to Levy War to Depose the King is Treason or to Invade the Realm is Treason All this was consider'd at your Tryal and that is now over Parkyns My Lord if your Lordship pleases I desire I may have the Liberty of some Friends and Relations and a Minister to come to me L. C. J. H. Yes yes by all means Parkyns If your Lordship pleases that they may come and be private with me and pray let me have a Rule of Court for it otherwise I shall not have any benefit of it L. C. J. H. Yes yes it is very fit you should have it there shall be an Order of Court for it see that the Keeper take care it be done with safety Friend My Lord I desire the same Liberty of a Minister and my Relations and Friends to come to me that for what time I have to Live I may make the best use I can of it for my Soul which I hope God will enable me to do Then the Court was Adjourned until 5 a Clock in the Afternoon and about 6 the Justices returned and the Court was Resumed Cl. of Arr. Set Sir John Friend to the Bar which was done Sir John Friend hold up thy Hand which he did Thou standest Convicted of High Treason for Trayterously Compassing and Imagining the Death of our Sovereign Lord King William the Third What canst thou say for thy self why the Court should not give the Judgment according to the Law Then being made to Kneel he afterwards stood up Friend I have said already what I have to say in Arrest of Judgment Mr. Com. Serj. Sir you have heard the Judgment of the Court as to what you have said if you have nothing else to offer the Court must proceed to Judgment Cl. of Arr. for Mid. Sir William Perkins hold up thy Hand which he did Thou standest Convicted of High Treason in Compassing and Imagining the Death of the King and Adhering to the King's Enemies What canst thou say for thy self why the Court should not give thee Judgment to die according to the Law He was made to Kneel and rise up again Parkyns I have nothing more to offer Cl. of Arr. Then Cryer make Proclamation Cryer O yes all manner of Persons are Commanded to keep Silence while Judgment is in giving upon pain of Imprisonment Which Proclamation was made on both sides the Court and then Mr. Common Serjeant sitting with the rest of the Court upon the Bench Pronounced the Sentence Mr. Com. Ser. You the Prisoners at the Bar Sir John Friend and Sir William Parkyns you have been Indicted for High Treason in Compassing the Death and Destruction of the King For your Tryal you have put your selves upon the Country which Country has found you Guilty The Offence is the greatest in the Judgment of the Law that a Man can commit and it is Justly and Reasonably so For Robbery and Murder are Injuries to private Persons but Compassing the Death of the King is Compassing the Destruction of the Father of your Countrey and letting in Rapine Death and Desolation upon Thousands of People And even this the Hainousest of Offences is capable of Aggravation for there have been always Excuses and sometimes Justifications for Rebellion and as to Murder and private Revenge there may be somewhat said in Mitigation from the Violence of Men's Passions But to Sit and Conspire and Consult and Debate the Destruction of a Prince no Man yet ever had the Confidence to make an Excuse for it I would not add to your Affliction I am sensible of the severe Judgment that is to follow and which you have brought upon your selves and cannot but Pity you for the great burden of Guilt that you have laid your seves under I only say this to offer it to your serious Consideration in the few Moments you have to prepare for another World and another Judgment All that remains for me is to Pronounce the Judgment of the Law in these Cases and the Court does Award it That you and each of you go back to the place from whence you came and from thence be drawn on a Hurdle to the place of Execution where you shall be severally Hang'd up by the Neck and Cut down Alive your Bodies shall be Ript open your Privy Members Cut off your Bowels taken out and burnt before your Faces your Heads shall be Severed from your Bodies your Bodies respectively to be Divided into Four Quarters and your Heads and Quarters are to be at the Disposal of the King and the Lord have Mercy upon your Souls Then the Prisoners were carryed back to Newgate A true Copy of the Papers delivered by Sir John Freind and Sir William Parkyns to the Sheriffs of London and Middlesex at TYBURN the place of Execution April 3. 1696. Sir JOHN FREIND's Paper KNowing that I must immediately give Account to God of all my Actions and that I ought to be especially careful of what I say in these Last Hours I do solemnly profess That what I here deliver is from my very Soul with all the Heartiness and Sincerity of a dying Christian The Cause I am brought hither to suffer for I do firmly believe to be the Cause of God and True Religion and to the best and utmost of my Knowledge and Information agreeable to the Laws of the Land which I have evermore heard to require a firm Duty and Allegiance to our Sovereign and that as no Foreign so neither any Domestick Power can alienate our Allegiance For it is altogether new and unintelligible to me That the King's Subjects can depose and dethrone him on any account or constitute any that have not an immediate Right in his place We ought I think not to do this and surely when it is done to assist him in the Recovery of his Right is justifiable and our Duty And however things may seem at present I do believe I am sure I heartily pray That he shall be one day Restored to his Rightful Throne and Dominions As for any sudden Descent of His Majesty upon these His Dominions in order to the Recovery of them I declare I had no certain Knowledge of it nor can I tell what grounds there was to believe it so little Reason had I to be in a present Preparation for it I suppose it is not expected I should here endeavour to clear my self of the Assassination which was not the thing alledg'd against me however it was mentioned through what means I know not As
it was insinuated to my Disadvantage I forgive such as were therein instrumental And I do also from the very bottom of my Soul freely forgive and beg of God to do so too such as were any ways accessary towards the taking away my Life which I really look upon to be their Misfortune more than mine I profess my self and I thank God I am so a Member of the Church of England though God knows a most unworthy and unprofitable part of it of that Church which suffers so much at present for a strict Adherence to Loyalty the Laws and Christian Principles For this I Suffer and for this I Dye Though I have a perfect Charity for People of all Professions and do heartily wish well and would endeavour so to do to all my Fellow-Subjects of what Persuasions soever And indeed I have met with a great deal of Uprightness and Sincerity among some People of very different Opinions in Religious Matters And I hope and desire it may not be taken as an uncharitable Censure or undue Reflection that I objected to the Legality of Popish Evidence being advised so to do for my better Security upon the Foundation of a Statute-Law Having own'd my self a Member of the Church of England I must take this opportunity and I do it for God's Glory to apply my self to you that are Royalists of that Church and of the same Faith and Principles with my self And I beg of you for God's sake and the love of your Souls to be very constant and serious in all Religious Offices and holy Duties of Divine Worship and Service which I have too much neglected as I own to my great Sorrow Let no Excuse no Dangers prevent or hinder you in these most necessary and serious Matters and be I beseech you very careful and circumspect in all your Actions Behaviour and Conversation as I earnestly exhorted all that came to me I have I thank God a great deal of Satisfaction in my present Sufferings and have found it so ever since I have been under them And blessed be God it doth continually encrease upon me And I do now lay down my Life with all Chearfulness and Resignation in sure and certain Hope of a Resurrection to Eternal Life through our Lord Jesus Christ through whose Merits alone I hope for the Pardon of my Sins and the Salvation of my Soul And so O Lord into thy Hands I commend my Spirit for thou hast redeemed me O Lord thou God of Truth And I do heartily and humbly beseech Thee Almighty God and my most Gracious Father to forgive and bless this Sinful Nation deliver it from the Guilt of Rebellion Blood and Perjury that is now on all sides more than ever and from all those other heinous Sins which cry aloud Preserve and bless this Church Comfort our distressed King Restore him to his Right and his Misled Subjects to their Allegiance Bless also his Royal Consort our Gracious Queen Mary his Royal Highness the Prince of Wales that he may grow in Stature and in Favour with God and Man Support and strengthen all those that suffer in any kind for a good Cause Give them Patience under all their Afflictions and a happy Deliverance out of them Forgive all mine Enemies Pardon my former Neglect and Remissness in Religious Worship and Holy Duties and all the Sins I have been Guilty of to this very Moment Consider my Contrition Accept my Tears and now Thou art pleased to take me hence take me into thy Favour and Grant that my Soul may be without Spot presented unto Thee through the Merits of thy most dearly beloved Son Jesus Christ our Lord. Amen John Freind Sir WILLIAM PARKYNSs Paper IT hath not been my custom to use many Words and I shall not be long upon this Occasion having Business of much greater Consequence to employ my Thoughts upon I thank God I am now in a full Disposition to Charity and therefore shall make no Complaints either of the Hardships of my Trial or any other Rigours put upon me However one Circumstance I think my self oblig'd to mention it was sworn against me by Mr. Porter That I had own'd to him that I had Seen and Read a Commission from the King to Levy War upon the Person of the Prince of Orange Now I must declare That the Tenour of the King's Commission which I saw was general and directed to all His Loving Subjects to Raise and Levy War against the Prince of Orange and his Adherents and to Seize all Forts Castles c. Which I suppose may be a customary Form of giving Authority to make War but I must confess I am not much acquainted with Matters of that Nature But as for any Commission particularly levelled against the Person of the Prince of Orange I neither saw nor heard of any such It 's true I was privy to the Design upon the Prince but was not to act in it and am fully satisfied that very few or none knew of it but those who undertook to do it I freely acknowledge and think it for my Honour to say That I was entirely in the Interest of the King being always firmly persuaded of the Justice of his Cause and lookt upon it as my Duty both as a Subject and an Englishman to assist him in the Recovery of his Throne which I believed him to be deprived of contrary to all Right and Justice taking the Laws and Constitution of my Countrey for my Guide As for my Religion I dye in the Communion of the Church of England in which I was Educated And as I freely forgive all the World so whoever I may any ways have injured I heartily ask them Pardon Apr. 3. 1696. William Parkyns And on Friday the Third of April the said Sir William Parkins and Sir John Friend were Executed at Tyburn according to the Sentence FINIS The Tryals of Charnock King and Keys and of Sir John Friend for High Treason are Published by the Order of the Lord Chief Justice Holt and Printed for Samuel Heyrick at Grays-Inn-Gate in Holbourn and Isaac Cleave at the Star next to Serjeants-Inn in Chancery-Lane
Covent-Garden in the County of Middlesex Knight that whereas prout in the Indictment mutatis mutandis and against the Form of the Statute in this Case made and provided Upon this Indictment he hath been Arraign'd and thereunto hath Pleaded not Guilty and for his Tryal hath put himself upon God and his Country which Country you are your Charge is to inquire whether he be Guilty of the High-Treason whereof he stands Indicted or not guilty if you find that he is Guilty you are to inquire what Goods and Chattels Lands and Tenements he had at the Time of the High-Treason committed or at any time since If you find him not Guilty ye are to inquire whether he fled for it if you find that he fled for it you are to inquire of his Goods and Chattels as if you had found him Guilty if you find him not Guilty nor that he did flye for it you are to say so and no more and hear your Evidence Mr. Montague May it please your Lordship and you Gentlemen of the Jury Parkyns My Lord your Lordship was pleas'd to say you would be my Counsel I am Ignorant in Matters of Indictments I beg if there be any Fault in it you will let me know it L. C. J. Holt. Truly I have observ'd no Fault in it I do not know of any Mr. Montague Gentlemen this Indictment does contain as heavy an Accusation as can be laid upon any Man for it not only charges the Prisoner with a Traiterous design of subverting the Government and raising War and Rebellion within the Kingdom which was to be done by adhering to the King's Enemies and promoting a Forreign Invasion but likewise with a Conspiracy against the Life of the King which was to have been taken away by a bloody Assassination Gentlemen the Indictment sets forth That Sir Will. Parkyns the Prisoner at the Bar did meet several times with Chernock and other false Traytors and there it was consulted and agreed how they should procure French Forces to Land within this Kingdom and then they were to raise Rebellion among his Majesty's Subjects to joyn with the Invadors Mr. Chernock was sent from the Prisoner at the Bar and the rest as a Messenger into France unto the late King James to acquaint him with this Bloody Design and to desire him to borrow of the French King as many Troops as he could spare to make a Descent upon this Kingdom and they at the same time were to facilitate the Descent by getting as many Men as they could to make the Assassination and the number of Forty was pitched upon who were to be provided for that purpose of which the Prisoner at the Bar was to find Five who were to lye in wait with the rest and set upon the King as he came along in his Coach upon his Return from Hunting Some were to assault and attack the Guards while others were barbarously to Assassinate and Murder the King in his Coach and particularly it Charges the Prisoner with undertaking to procure and provide Five Horses and Arms that were to be Imployed in this Bloody Assassination and also with gathering together great Quantities of Arms and Ammunition that were to be used in the Insurrection To this Indictment the Prisoner has pleaded Not Guilty if he be not Guilty God forbid he should be Convicted but if he be Guilty and we prove the Fact the Nation expects that you will do Justice to the King and Kingdom and find him so Mr. Attorn Gen. May it please your Lordship and you Gentlemen of the Jury the Prisoner at the Bar Sir William Parkyns stands Indicted of High Treason for Compassing the Death of his Majesty and adhering to his Majesty's Enemies and the Overt Acts laid in the Indictment to prove this Treason are That he with others had several Meetings and Consultations about this Design and sent a Messenger over to France to the late King James to procure French Forces to Invade the Kingdom to Depose the King and subject the Kingdom to a French Power And likewise that he did enter into a Conspiracy with several Persons for the Assassination of his Majesty's Royal Person These are the Overt Acts mentioned in the Indictment to prove this Charge of Treason against the Prisoner Gentlemen the Evidence to prove these Overt Acts and which we shall produce will be in this manner It will appear that the Prisoner at the Bar Sir William Parkyns has formerly had a Commission from King James to raise a Regiment of Horse and about May last he with several others had a Meeting at the Old King's-head in Leadenhall-street where were present my Lord of Aylesbury my Lord Montgomery Sir William Parkyns Sir John Freind Sir John Fenwick Mr. Chernock Mr. Porter and one Mr. Cook and Goodman came in to them after Dinner And at that Meeting it was Consulted and Conserted among them how they should bring back the late King James and Depose his present Majesty and in order to that they did Resolve to send Mr. Chernock as a Messenger to the late King James to desire him to obtain from the French King 10000 Men to Invade this Kingdom 8000 Foot 1000 Horse and 1000 Dragoons and to Incourage the late King to this they did assure him by the same Messenger that they would meet him with 2000 Horse upon his Landing and they did all undertake and agree that they would do it and Mr. Chernock undertook to go of this Message Gentlemen about a Week after this Meeting Mr. Chernock not being willing to go upon this Errand without a good Assurance that they intended to perform what they had Resolved upon they therefore had another Meeting of most of the same Persons that were at the former and particularly the Prisoner at the Bar was one and that was at Mrs. Mountjoyes a Tavern in St. James's-street And at that Meeting they did all agree as formerly and continued in their former Resolution to send Mr. Chernock to assure the late King that they would meet him according as they had promised if he would give them notice where he was to Land and he should not fail of their Assistance And at these Meetings they did take notice that then was the most proper time for such an Invasion for the King was gone to Flanders most of the Forces were drawn thither and the People were dissatisfied and so it would be the fittest opportunity to accomplish their Design and they desired Mr. Chernock to make haste to carry this Message and to Intreat King James that he would be speedy and expeditious in his coming that they might not loose this season Gentlemen after these Meetings Mr. Chernock did within a few days go over into France and did deliver his Message to the late King James who took it very kindly but said that the French King could not spare so many Forces that year having other work to Imploy them about upon which within a Months time or
must be a mistake because my Master said he had but 22 for he reckon'd he had more there should be 24 in all Mr. Att. Gen. Did he say so or Sir William Perkins Eubank It was Mr. Lewis that said there were 24 to the best of my remembrance Mr. Att. Gen. VVhere were they sent Eubank Indeed I know not I never saw any of them but those two Mr. Att. Gen. VVho delivered those two to you Eubank My Master Sir William Parkyns Mr. Att. Gen. VVho were those Saddles for Eubank They were for two Gentlemens Horses that were there Mr. Att. Gen. VVhose Horses were they Eubank They were not my Master's but they stood at that place Mr. Att. Gen. Did your Master ever speak to you about them to look after them Eubank He said if at any time I was there I should see that the Ostler gave them their Corn. Mr. Att. Gen. VVere they your Master's Horses or not Eubank Not that I know of Mr. Att. Gen. VVhat time did you go out of Town Eubank I went out of Town with them about four a clock in the Afternoon Mr. Att. Gen. VVhen did you hear from your Master after that Eubank Upon Monday I had a Letter from him Mr. Att. Gen. VVhat was that Letter for Eubank It was to go to my Master's House in Warwickshire to one Richard Evans that was his servant to whom he sent a Letter Mr. Att. Gen. VVhat were the Contents of that Letter Eubank I did not see what they were it was sealed Mr. Att. Gen. Did you carry that Letter to Evans Eubank Yes I did Mr. Att. Gen. VVhat time did you come thither Eubank I came there a Tuesday at 4 a clock Mr. Att. Gen. VVhat did Evans and you do after you had read the Letter Eubank VVe went to fetch some Boxes that my Master had ordered Evans to fetch home It was about two Miles or more from home at a Tradesmans Mr. Att. Gen. VVhat was his Name was it Haywood Eubank Yes I think it was something like that Name Mr. Att. Gen. Did you go with Evans to fetch the Boxes from thence Eubank They had a man that drove the Team to fetch them Mr. Att. Gen. VVere they carried in a Team then Eubank Yes they were Mr. Att. Gen VVere you there when the Goods were brought back Eubank Yes I was at my Master's house Mr. Att. Gen. VVhat did they do with them Eubank They buried them in the Garden Sir Mr. Att. Gen. VVhat in the Boxes Eubank Yes Sir Mr. Att. Gen How many Boxes was there Eubank Five or six I think I know not what was in them Mr. Att. Gen. You help'd to bury them did you not Eubank No but I was there I saw them buried Mr. Att. Gen. Did Evans tell you what they were Eubank Evans told me they were choice Goods Mr. Att Gen. Evans told you so did he Eubank Yes L. C. J. H. VVhat time of the day or night were they fetch'd home Eubank They went away about 4 a clock in the Afternoon L. C. J. H. How far is it from Sir William Parkyns's house to Haywoods Eubank I think about 3 or 4 miles I cant tell how far exactly L. C. J. H. VVhat time did they return Eubank About 10 or 11 a clock at night Juryman My Lord I understand he says they buried them immediately was he there and did he help to bury them Eubank No I did not help to bury them but I saw Earth put upon them Mr. Att. Gen. Pray Eubank let me ask you one Question the Person that lay at the Confectioner's did you observe whether he had a lame Arm or no Eubank No I did not take notice of any such thing Mr. Sol. Gen. Will Sir William Parkyns ask him any Questions L. C. J. Holt. What say you Sir William Will you ask him any Questions Parkins You say one Holmes went out of Town with me pray give an account what Holmes that is Eubank It is Fat Mr. Holmes if it please your Honour he lives at the Golden Key in Holbourn Parkyns My Lord I observe this to distinguish it that it was not as Mr. Attorney open'd it Major Holmes that is in the Proclamation it was one that us'd to be at my House frequently he was at my House all the Summer Mr. Att. Gen. Well you did well to ask him that Question to explain it L. C. J. Holt. Will you ask him any more Questions Park No my Lord. Mr. Sol. Gen. Then our next Witness is one Thomas Hipwell Who was sworn Mr. Att. Gen. Where do you live Hipwell At _____ in Warwickshire Mr. Att. Gen. With whom do you live Hipw I live of my self Sir Mr. Att. Gen. Do you know of any Goods that were carry'd from Mr. Heywood's House to Sir William Parkyns's House Hipwell I came from Litchfield Fair upon Ash-Wednesday where I had been to carry Goods for my Master Mr. Att. Gen. Did not you say you lived of your self I ask'd you before who you lived with Who is your Master Hipwell Mr. Heywood Mr. Att. Gen. You said before you had no Master Hipwell That is when he pleases to imploy me I work for him Mr. Att. Gen. Pray tell what you carry'd from Haywood's House and who came for them Hipwell There were to the best of my remembrance either seven or eight Boxes Mr. Att. Gen. Who came for them Hipwell There was one of Sir William Parkyns men one Richard Evans that was his Servant and one Wetstone that was Tenant to Sir William Mr. Att. Gen. Well how did they come and what did they do Hipwell They brought a Waggon and two Mares Mr. Att. Gen. About what time was it Hipwell It was about Nine or Ten a Clock at Night when they went away Mr. Att. Gen. What Orders had you from your Master Hipwell It was near upon seven a Clock when the Waggon came and my Master wish'd me to go to borrow a Mare of _____ at _____ I did so and I brought the Mare I had borrowed with me home Mr. Att. Gen. What was that Mare borrowed for Hipw I know not Mr. Att. Gen. What use was she put to afterwards What did you see more Hipwell Why before the Team came about a quarter of an hour before to fetch these Goods my Master told me that Sir William Parkyns's men were to come to fetch some Bedding and other Goods what they were he knew not and he order'd me when they knock'd at the Gate to let them in and I did so Mr. Att. Gen. Well Friend did they carry away any Goods and what were they Hipwell They were in Boxes at first in three Boxes and then Sir William Parkyns's Servant did knock off the outside Lining which was a Deal Board and he drew the Nails and took out of two Boxes three Boxes apiece and two out of another to the best of my remembrance I think there were eight but I am not sure whether there were seven or eight Mr.
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
by the Evidence it was Parkyns But that is not said my Lord I humbly beg your pardon for interrupting you it is not said That I met them to rise by no Evidence whatsoever and therefore pray my Lord do not inforce it beyond what the Evidence has proved he said I went to meet my Friends was there any thing said it was in order to a Rising L. C. J. Treby I think you mistake your own words as you spoke them to be Witness if I did take them as I think I did right for they were several times repeated I will do you no wrong Sir William I assure you You went into Leicestershire and you say It was to meet your Friends the Witness says It was to meet the King's Friends by the King it is very plain you meant not King William but King James for you spoke before of the King 's Landing which was at Christmas last when every body knows King William was in Fngland These coupled together Parkyns I beg your Pardon my Lord those two things are not both to be joyned together the discourse of the King 's landing was at Christmas as he says the other thing my Journey into Leicestershire was a Month afterwards and therefore they cannot be coupled together L. C. J. Treby The coupling of them that I meant was only to shew who was understood to be spoken of by you when you named the King so the Qucstion is Whether you did not mean the same person in January that you meant in December by the word King especially since as a Discovery you had made you said further that the West was as well inclined to the King's Interest as the North and a Lord's Brother was concerned in it If by the King you had meant King William how impertinent and insensible had been all this Discourse that the West was as well inclined as the North and that a Lord's Brother was concerned in it concerned in what In being inclined to King William to what purpose could that be said Parkyns It may as well be interpreted that way as the other L. C. J. Treby I must leave that to the Jury And I confess if there were not somewhat more in the case you might the better argue upon this as to the Interpretation But laying aside the consideration of your riding into Leicestershire c. here is this providing of Arms proved by 4 or 5 Witnesses and the serving of them in that manner and there is no account given by you that they were provided for the service of the Government or that you were imployed so to do Certainly it is not lawfull to provide Arms especially for a whole Troop as for ought I perceive here was tho' indeed I am not skilfull enough in those businesses to know how many make up a Troop but it 's plain here was an Insurrection intended when the Invasion was made and that is an Evidence that these Arms were to be imployed upon that account for no other use was to be made of them nor is pretended If you had found those Arms in your House as you say it had been your Duty to have delivered them up or disposed of them to the Use and Service of the Government which service too could only be when you had a Commission from the Government and not of your own head And then besides all this you acknowledg'd that you had a Troop of old Soliders Parkyns It is but slidingly that for he only tells you that a Troop would be composed of old Soldiers L. C. J. Treby How can that be when he says he repeats your own words My Troop consists of old Soldiers can any body say that his Troop consists of old Soldiers without having a Troop Parkyns Pray Mr. Sweet speak my life is at stake did I say to you it did consist or it was to consist recollect your self and consider well before you speak L. C. J. Holt. What was it that he did say it did consist or it would consist Sweet He said his Troop was composed all of old Soldiers Parkyns But does it appear by any Evidence that I had a Troop if I had who were they none of these Men do appear Does this Troop consist of Men in the Air that I should list Men that are all in Nubibus and not one of them to be known Suppose I should tell him a Lie or make some Brags is this Treason here is no person proved to be listed or named L. C. J. Holt. But Arms were found in your house for a Troop Parkyns But where they were bought and when they were bought and made ready it does not appear and I affirm to your Lordship if you would give me but one Days time I would prove that they were at my House at Warwickshire when I first came down thither which is too years ago And I 'll fully make it out to your Satisfaction or I 'll be crucified or any thing in the World I can prove it by a great many Witnesses by my Friends and all the Servants that belonged to me they were there long before this Discourse was had or thought off Mr. Justice Rokeby If your Lordship expects that I should deliver my opinion I am ready to do it As to this matter of Law that Sir William Parkyns has proposed he says There are not two Witnesses to the same Over-Act and therefore no Evidence of Treason truly I take it and always did that the Law is there need not be two Witnesses to the same Overt-Act but if there be two Witnesses one whereof speaks to one Overt-Act and another to another Overt-Act of the same Species of Treason these are two Witnesses within the Law Now I think there are two Overt-Acts in the Indictment of this Treason The Treason is compassing the Death of the King the Overt-Acts are first the particular Design of the Assassination upon his person and the other is the bringing in of a foreign Force and preparing Horses and Arms to meet that foreign Force here all this to the same Intent and Purpose the compassing and imagining the King's Death Now besides that of the Assassination there are a great many Witnesses that prove there were Arms prepared for there are found a great Quantity when they open'd the Boxes which Boxes it is plain he himself sent down to Haywood's House For tho' Charnock writ a Letter yet it was by his Direction as he own'd to Haywood when he was here in Town And then his Servant fetch'd them away from this place and this I take to be another Overt-Act and proved by several Witnesses Sir William Parkyns speaks of his being a Gown-man but I do not know what a Gown-man has to do with such a quantity of Arms. Parkyns If you will give me leave to send for some People I will demonstrate it to you as clear as the Sun that they were in the House two years ago when I came first thither Mr. Justice Rokeby