Mr. Sh. Buckingham I do know you and would have you be fair in your Practice Mr. Baker The Enquiry is made because a false Copy is put upon him you might have had a true Copy if you had applied your self right Burleigh I sent to Mr. Farringdon for it L. C. Just Holt. The Sheriff delivered it the Secondary who is the proper Officer Mr. J. Rokeby Sir John Friend said he had it from him yesterday Burleigh But he had one before how he came by it I can't tell nor whence those came that were brought to me Mr. J. Rokeby If you will not take care to go to the right place it is no body's fault but your own if you suffer by it Burleigh I was with my Lady and delivered a Petition for this Trunk L. C. Just Holt. But it seems it was under the Conuzance of the Secretary and direction was given to go thither some care or other must be taken in it and shall but go on now to Arraign the Prisoner Cl. of Arr. Hold up thy hand which he did Thou standest Indicted in Middlesex by the name of Sir William Parkyns late of the Parish of St. Paul Covent Garden in the County of Middlesex Kt. for that whereas an open and notoriously publick and most sharp and cruel War for a long time hath been and yet is by Sea and by Land had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir William Parkyns a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and true and due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should bear and of right ought to bear withdrawing and utterly to extinguish intending and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under him our said Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter as also the same our Sovereign Lord the King to Death and final Destruction to put and bring and his Faithful Subjects and the Freemen of this Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid falsly maliciously devilishly and traiterously did compass imagine contrive purpose design and intend our said Sovereign Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and the same our Sovereign Lord the King to Kill Slay and Murther and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to move stir up procure and aid and a miserable slaughter among the Faithful Subjects of our said Lord the King throughout all this whole Kingdom of England to make and cause and that you the said Sir William Parkyns to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and aiding and the same most abominable wicked and devilish Treasons and traiterous compassings contrivances intentions and purposes of yours aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of the traiterous adhesion aforesaid you the said Sir William Parkyns as such a false Traytor during the War aforesaid to wit the same first day of June in the year abovesaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County falsly maliciously advisedly secretly and traiterously and with Force and Arms with one Robert Chernock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Sovereign Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entrance into this Kingdom of England to join and unite Rebellion and War against him our said Sovereign Lord the King within this Kingdom of England to make levy and wage and the same our Sovereign Lord the King so as aforesaid to Depose and him to Kill and Murder And further with the said false Traytors the same first day of July in the year abovesaid at the Parish aforesaid in the County aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir William Parkyns and the same other Traytors unknown as far as and into the Kingdom of France in parts beyond the Seas to James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises to the said late King James and the said other Enemies and their Adherents to give and exhibit and them to inform of other things particulars and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and them to you the said Sir William Parkyns and the
said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Sovereign Lord the King that now is in the War aforesaid and to stir up and procure those Enemies the more readily and boldly this Kingdom of England to Invade the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir William Parkyns aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform and the Invasion aforesaid to render and make the more easy you the said Sir William Parkyns afterwards to wit the 10th day of February in the year abovsaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County Falsly Maliciously Advisedly Secretly Traiterously and with Force and Arms with the aforesaid Robert Chernock and very many other false Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree him our said Sovereign Lord the King that now is by lying in wait and deceit to Assassinate Kiill and Murder and that execrable abominable and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same day and year there Traiterously you did Treat Propose and Consult with those Traytors of the Ways Methods and Means and the Time and Place where when which way and how our said Sovereign Lord the King so by lying in wait the sooner might be Killed and Slain and did Consent Agree and Assent with the same Traytors that Forty Horsemen or thereabouts of those Traytors and others by them and you the said Sir William Parkyns to be Hired Procured and Paid with Guns Carbines and Pistols with Gun-Powder and Leaden-Bullets Charged and with Swords Rapiers and other Weapons Armed should lie in wait and be in Ambush our said Lord the King in his Coach being when he should go abroad to Attack and that a certain and competent number of those Men so Armed should set upon the Guards of our said Lord the King then and there attending him and being with him and should Over-power and Fight with them whilst others of the same Men so Armed him our said Lord the King should Kill Slay and Murder and that you the said Sir William Parkyns then and there did take upon you to provide Five Horses for those Men which should so kill and murder our said Sovereign Lord the King And also that you the said Sir William Parkyns your Treasons and all your Trayterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the Day and Year last abovesaid at the Parish aforesaid in the County aforesaid Divers Horses and very many Arms Guns Carbines Rapiers and Swords and other Weapons Ammunition and Warlike Things and Military Instruments falsly maliciously secretly and Trayterously did obtain buy gather and procure and to be bought obtained gathered and procured did cause and in your Custody had and detained with that Intention them in and about the detestable abominable and execrable Assassination Kiliing and Murder of our said Lord the King and the Invasion aforesaid as aforesaid to use employ and bestow and also your Treasons and all your Traiterous Intentions Purposes and Contrivances aforesaid to execute perpetrate fulfil and fully bring to effect you the said Sir William Parkyns afterwards to wit the day and year last abovesaid at the Parish aforesaid in the County aforesaid Falsly Malitiously Advisedly Secretly and Traiterously divers Soldiers and Men Armed and ready to be Armed after the said detestable abominable and execrable Assassination Killing and Murder of our said Sovereign Lord the King so as aforesaid should be done perpetrated and committed to Rise and Muster and War and Rebellion within this Kingdom of England to make and wage and with the Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to Invade this Kingdom of England at and upon their Invasion and Entrance into this same Kingdom then expected to be shortly made themselves together with you the said William Parkyns to Join and Unite and into Troops and Legions to form you did Levy List and Retain and did procure to be Levied Listed and Retained and those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and afterwards in Readiness you had Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Grown and Dignity As also against the Form of the Statute in this Case made and provided How say'st thou Sir William Parkyns Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Parkyns Not Guilty Cl. of Arr. Culpritt How wilt thou be Tryed Parkyns By God and my Country Cl. of Arr. God send thee good Deliverance Parkyns My Lord If your Lordship pleases to favour me with a Word or two L. C. Just Holt. Aye What say you Sir Parkyns My Lord I have been kept in hard Prison ever since I was Committed no Body has been suffer'd to come to me till Fryday last then my Counsel came to me and being charg'd with many Facts as I see in this Indictment it will be necessary to have divers Witnesses to clear my self of these Particulars they are dispers'd up and down and I have had no time to look after them and therefore I beg your Lordship to put off my Tryal till another Day L. C. J. Holt. When had you first notice of your Tryal Parkyns The first Notice of my Tryal was on Wednesday last in the Afternoon L. C. J. Holt. That is a sufficient time of Notice sure you might have provided your Witnesses and prepar'd for it by this Time Parkyns But my Lord being kept so close Prisoner I had no Opportunity for it for it was not possible for me to get any Body to come to me till Friday Noon not so much as my Counsel and then there was but Two Days Saturday and Monday for Sunday is no Day for any Business and it is impossible for me to be ready in the Manner that I ought to be It is a perfect Distress and Hardship upon me to be put so soon upon my Tryal without my Witnesses and what should enable me to make my Defence therefore I humbly intreat your Lordship to put it off till another Day L. C. J. Holt. What Witness do you want Sir William Parkyns I have divers Witnesses my Lord that can give an Account where I was from Time to Time but they are many of them out of Town and I have sent about every way but cannot get them together in so short a Time L. C. J. Holt. When had he Notice of his Tryal Mr. Baker On Wednesday I told him that he must expect to be try'd this Day and withal that if
guilty upon slight Grounds and Imaginations of which little or nothing can be made L. C. J. Holt. No question of it it will please the King and every body else that you should be found Innocent Parkyns .. Then I hope my Lord you will not strain the Law to take away my Life according to the Rule That it is better five guilty Men should escape than one innocent Man suffer For the Blood of a Man may lie upon every body if it be causelesly shed and it is very severe to strain the Law to take away any Man's Life L. C. J. Holt. Look ye Sir William Parkyns I must tell you You may be under a very great mistake you may think it necessary to have two Witnesses to every Overt Act but that is not so for if there be one Witness to one Overt Act and another Witness to another Overt Act of the same Species of Treason that is all that the Law requires Parkyns Here are two Species of Treason Leying War is one Specie and Assassination is another L. C. J. Holt. Your Design was Originally the Restoring of King James and in order to that the Dethroning of King William Parkyns That appears but by one Witness which is not according to Law which requires two L. C. J. Holt. One way of effecting your Design was by Assassination the other by Invasion or by Force Parkyns Still my Lord here is the same Witness and that is but one L. C. J. Holt. Yes there are two Parkyns None but Capt. Porter L. C. J. Holt. What not as to the Restoring of King James which tends to the Dethroning King William Parkyns In what Particulars my Lord L. C. J. Holt. Your providing Arms and going to Leicester-shire and sending Charnock on that Errand into France As to the Assassination indeed there is but one positive Witness besides other Circumstances which have their weight but as to the other you said the King would come Parkyns It was my Opinion that 's all L. C. J. Holt. But you said you had his word for it Parkyns Does not that Answer it self my Lord is it possible it should be true that I who was in England should have the word of one that is at such a distance beyond Sea L. C. J. Holt. And then your buying of Saddles for what purpose were they Parkyns My Lord does he say it was in order to it I am sure he does not and I hope I shall not be presum'd out of my Life L. C. J. Holt. When you talkt of the King 's Landing and said you had his word for it you likewise said your Troop was made up of old Soldiers besides Voluntiers that had been Officers Parkyns Still there is nothing done he does not say there was one Man raised L. C. J. Holt. And your going into Leicestershire upon such an Errand as you told him you went upon Parkyns Well my Lord I must leave it to your Lordship I hope you will consider well of it L. C. J. Holt. We must do that which is right between the King and his Subjects Parkyns And I hope my Lord the Conversion of Subjects is more acceptable than the Destruction of them and the Governement is more concern'd to save the Innocent than to stretch the Law to punish Guilty L. C. J. Holt. It will be more acceptable and indeed the King and Kingdom are very much concerned in this matter and at this time Sir William and the Government ought to take care to preserve it self Have you any more to say Sir if you have pray speak it Parkyns I have no more I submit it to your Lordship I think there is but one Witness and all the other is but Conjecture and Nonsence and one Witness is not sufficient by the Law of England for by the Statute there must be two L. C. J. Holt. I have told you my Opinon Parkyns Besides your Lordship has knowm me this many Years and you know that my Education was not to War and Fighting but the Gown and your Lordship knows how peaceably I have lived L. C. J. Holt. I have known you heretofore Sir William while you kept your Profession and your Gown Parkyns And now in my old Age my Lord I am grown Lame and lost the use of my Hands with the Gout and scarce able almost to go on my Feet Therefore it cannot in reason be thought probable that I should engage in such a business as this and therefore I hope you will interpret all things in a milder Sence in favour of Life rather than for the destruction of it and the ruine of a Man's Fortune and Family L. C. J. Holt. I tell you You have had my Opinion cocerning the number of Witnesses I suppose my Lord and Borther will declare theirs L. C. J. Treby My Lord Chief Justice it seems does please to have us deliver our Opinions I think we ought to be very tender in a Case of Blood I think the life of Sir William Parkyns is at stake and we ought to be carefull that he have no wrong done him but I think in the Cases of Treason especially of this nature the life of the King and the lives of all the innocent People of the Kingdom are also at stake and we must be indifferent in this case and by the Grace of God we will be so The Question that Sir W. Parkyns proposes is Whether there are two Witnesses upon this Evidence to this matter of which he is indicted which is the Compassing and Imagining the King's Death One Witness at least does positively prove that you Sir William Parkyns did agree to the Design of assassinating the King's person and promise to provide and contribute Horses and Arms to that purpose Now suppose this is proved but by one Witness and the Evidence had gone no further then your Objection would have had a very good ground that this could not be a legal Proof of Treason but I must tell you that this Treason of Compassing and Imagining the King's Death may be made evident by other Overt-Acts besides that of Assassination To conspire with a foreign Prince to invade the Realm to provide Arms to joyn with Invaders and to make an Insurrection against the King these are Overt-Acts of Imagining the King's Death For it cannot be supposed but that he that would have an Invasion and an Insurrection against the King's Person does intend the Destruction of the King he that would take away all his Defence which he might have by the Assistance of his Subjects and leave him exposed to his mortal Enemies cannot but be presumed to design the King's Ruin and Murder Therefore Sir William such things being in their Nature a Compassing and Imagining the King's Death your providing Arms and a Troop are Evidences and Overt-Acts of this Treason and so will your going up and down and meeting People in order to rise if that were your business in Leicestershire c. as it seems
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
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
There were preparations two years ago it appears for the Destruction of the King and Kingdom how ever the Men that were accused of it had the luck to escape and be acquitted Parkyns My Lord I hope I shall not be interpreted out of my life I desire the Statute may be read Mr. J. Rokeby What Statute do you mean Parkyns The 25 of Edw. 3. and the new Statute too let them both be read to the Jury that they may consider of it The Statute of the 25th of Edw. 3. was read Parkyns There is nothing of 2 Witnesses there L. C. J. Holt. No but there is another Satute of the 5th Edw. 6. Cap. 11. that may be more for your advantage will you have that read Parkins Yes if you please I know there is another Statute that does direct it and I expected to have found it in this Statute Cl. of Arr. This is an Act made in the 5th and 6th years of King Edw. 6th The Statute was read to these words Unless without Trial he shall confess the same Parkyns There 's enough L C. J. Holt. You have heard the Statute read would you infer any thing from it Parkyns I infer that there ought to be two Witnesses and here is but one L. C. J. Holt. There are two Witnesses Parkyns Not direct to the same thing L. C. J. Holt. I shall leave it to the Jury whether this Evidence does not prove an Overt-Act to demonstrate a Design against the King if the Design be to depose him and that 's manifested by two Overt-Acts and undoubtedly that is Treason within the Statute of 25. of Edw. 3. Park That I agree but yet there must be two Witnesses of it L. C. J. Holt. Suppose dethroning the King be the main design that strikes at his Life and you resolve it shall be done one way or other One way by Assassination the other by Insurrection or by Invasion and joyning with a Foreign Army Park My Lord I conceive there ought to be two Witnesses for each L. C. J. Holt. No no for that very last Act that is to take effect in a few days declares it is sufficient if there be one to one Overt Act and another to another but still it must be of the same head or species of Treason and deposing the King and assassinating of him and preparing to raise an Army against him or to excite an Invasion are but one sort of Treason Park It may be so if they were Overt Acts of one sort of Treason but rising in Arms and Assassination are as different things as can be in the world and therefore there ought to be two Witnesses to each of them Mr. J. Rookby That which I delivered as my opinion was that one Witness proving one Overt Act and another Witness proving another Overt Act of the same sort of Treason are two good Witnesses according as the Law requires And I am the more fully confirmed in it by the Clause that is in this new Act of Parliament made for Tryals in Cases of Treason that a man shall not be convicted of Treason but by and upon the Oaths and Testimony of two lawful Witnesses either both of them to the same Overt Act or one of them to one and the other of them to another Overt Act of the same Treason Parkyns Of the same Treason aye Mr. J. Rookby And here it is the imagining the Death of the King that is the Treason Parkyns Then you may say every thing else is so but if you please to let the whole Statute be read L. C. J. Holt. You shall have it read if you will but this is all that is in it concerning this matter Now a design to depose the King which manifested by some Overt Act is an Overt Act to prove the design of the Death of the King Parkyns Then it must be manifest and not by Interpretation and all these things are by Interpretation except it be what Porter swears L. C. J. Holt. If by Overt Act it be proved that you designed his Deposition that is an Overt Act to prove your design of his Death Parkyns They are very different things Death and Depositions We have seen a King deposed and yet he is alive L. C. J. Treby I am sure we have seen a King agreed to be assassinated and yet God be thanked he is alive still L. C. J. Holt. It is not the succeeding in the Design but the Design it self that is the Treason God forbid that it should have Success to make it Treason L. C. J. Treby But whenever people will agree together to bring in Foreign Forces or to prepare Men and Arms against the King that is in Possession this is reckoned an Overt Act of a Design against his Life and has always been reckoned so by my Lord Chief Justice Hales my Lord Chief Justice Coke and by all those Men that have been reputed the most tender in Cases of this nature For any Act that expresses an intent of dethroning the King by means of an Invasion by a Foreign Force and an Insurrection against the King is a proper proof of a Design of his Destruction and if not then agreeing to shoot him is not an Overt Act. Men may say also but there need be actual Shooting to make out the Overt Act in that case Parkyns If your Lordship pleases to have the Act read I shall submit to your Lordships Judgment L. C. J. Holt. Let it be read Parkyns If you please to read the Act the Preamble of it Cl. of Arr. This is an Act made in the 7th Year of our Soveraign Lord the King Is that the Act It is an Act for Regulating of Tryals in Cases of Treason and misprision of Treason Is that the Act Parkyns Yes yes The Act was Read Mr. J. Rokeby I believe if you look into the great Case in Parliament the Case of my Lord Stafford you 'll find it was declared for Law that one Witness to one Overt Act and another Witness to another Overt Act of the same Treason they were two Witnesses within the Law and this was a solemn resolution in Parliament in the House of Lords Parkins I believe it has been done but here is a beneficial Law made which if my Tryal had been put off a few days I should have had the benefit of L. C. J. H. It would have been the same thing as to this matter for this Act declares the very same thing as to the two Witnesses Parkins And then my Lord I could have had Witnesses to have taken off a great part of this Evidence and the Law comes to take effect within one day and it turns here upon this matter of Sweet who is not a good Evidence for it is manifest he has contradicted himself and it is manifest he has sworn what cannot be true L. C. J. H. Wherein Parkins That I should say the King would Land here for I had his word for it Mr. J.
the Gown of his Infirmities his Age and his Family Arguments of Pity I am very unfit to give an Answer to and should be very unwilling to extinguish any Motions of it but this I must observe even by way of Answer to that Argument That the Time was when he should have pittied himself and not engaged in such an Abominable and Merciless a Design That he should have had Pity upon his Countrey which he Plotted to bring under the greatest Confusion and Desolation That he should have had Pity upon the best of Kings and the best of Men but then there was no Pity when they thought they had laid their Designs so that they had him in their Power but they resolved Barbarously to murder him and persisted in the Resolution of Assassinating him after they were once Disappointed That it seems did not discourage them but they undertook it a Second Time and it does not appear that they ever had any Remorse at last for it but the Plot broke out and so their whole Design was frustrated My Lord This is the Sum I think of his Defence I have as well as I was able given an Answer to the Objections made to it and I must now leave it with you Gentlemen of the Jury And though these Considerations that I have mentioned may not quite remove all Compassion yet they may serve to confirm you in a Resolution of doing the King and Kingdom and your Selves Justice and that is all we ask of you L. C. J. H. Gentlemen of the Jury Sir William Parkyns is Indicted of High Treason for Designing Imagining and Compassing the Death of the present King There have been several Witnesses produced that have given Evidence upon this Indictment The first of them is Mr. Porten who has been a Witness heretofore against several upon the like Occasion and he gives you this Account That about 〈…〉 of May o◠the beginning of June last there was a meeting of diver Persons at the 〈…〉 ngs-Head Tavern in Leaden-Hall-street in the City where they dined together and there was Sir William Parkyns Captain Porter himself Sir John Fenwick Sir John Friend and divers others that he has mentioned to you At that meeting they did consult together which way the late King James might be Restored and it was thought very necessary that there should be a French Force sent over hither to join with others for his Restoration And they did among themselves agree and determine what number of Forces might be convenient for that Purpose they did propose Ten Thousand Eight Thousand Foot One Thousand Horse and One Thousand Dragoons And that a Message should be sent over to King James to perswade him to sollicit the French King to furnish him with such a Number of Men to be sent over into England Mr. Chernock that was then in the Company and was the Person agreed upon among them to be the Messenger to be sent upon this Errand which Imployment he did undertake upon their Promise that they would raise among themselves Two Thousand Horse for to meet the late King at his Landing This being at that time determined and Mr. Chernock having accepted this Imployment he did make preparation to go upon this Errand In some time after a Week or a Fortnight or thereabouts there was another Meeting at which were several of the same Persons that were present at the former and among them Sir William Parkyns was one And this Meeting was at one Mrs. Mountjoy's that keeps a Tavern in St. James's street where they did discourse of what they had formerly agreed upon and did again consider whether they should proceed to send Mr. Chernock with that Message to which they all agreed that Mr. Chernock should go and he accordingly went and Captain Porter met him about five or six Weeks after the Meeting at Mrs. Mountjoy's and Chernock told him he had been in France and that since his return he had been with the several persons who had sent him and had acquainted them with the Answer of King James which was that at that Juncture of time the French King had such occasion for his Forces that he could not then spare them or furnish him with so many to come over here This is the first matter that Porter gives you an account of But then Captain Porter tells you further how the Design of Assassinating the King was set on foot about the latter end of January or the beginning of February last About which time Sir George Barckley was sent over with a Commission from the late King James which seems to have given great incouragement to that Party of Men for Sir George Barckley Captain Porter and Sir William Parkyns with divers others had several Meetings at the Globe Tavern in Hutton Garden the Nags Head Tavern in Covent Garden the Sun Tavern in the Strand and other places And at these Meetings they entred into Consideration what was the best way to Restore the late King James to the Throne and it was agreed among them King William which they resolved to undertake and at these Debates and Resolutions Sir William Parkyns the Prisoner at the Bar was present Captain Porter being askt whether Sir William Parkyns at these Consults did consent to the King's Murder he said they did all agree to the Assassination of the King and Sir William Parkyns said he thought it was very necessary to be done to facilitate the Restoration of the late King Gentlemen This Design of the Assassinating the King being thus Resolved upon the next thing Considered among them was how it might be effected there were several ways proposed one was by an Ambuscade for the King having a House in the Country by Richmond His Majesty used to go once a Week a Hunting thereabout and to return at night and therefore an Ambuscade on that side of the Water near the House was proposed then another Proposal was made to fall upon the Guards on this side the Water and at the same time that the King's Coach was to be set upon And these two places being proposed there was some difference of Opinion among them whereupon it was agreed that some Persons should be sent to view the Ground on both sides the Water which Persons were Captain Porter King that was Executed and one Knightley and so some days before the 15th of February they did go on both sides the Water and viewed the Ground and returned in the Evening to the Nags Head Tavern according to agreement where were met together Sir George Barckley Mr. Chernock and the Prisoner at the Bar Sir William Parkyns And there they made their Report done of their view of the Ground and upon which both the Proposals were Debated and at last they did all agree that the Attack should be made upon the King on this side of the Water in a Lane that was between Brentford and Turnham Green and the Attack upon the Guards was likewise to be made