King would Land and that he had a Troop which consisted of such Soldiers then these Arms being found in that manner I must leave to your Consideration whether it is not a Proof for what purpose he did provide them and to what Use he intended to put them especially since he gives you no Account what Use or Occasion he had for them He says indeed he found them in the house two years ago how probable that is you may consider Then there is another thing his going into Leicestershire with Scudamore and his meeting there with Yarborough and other People in that private and hasty manner He went out on the Thursday and come home again upon Monday Night and then he meets with Sweet and tells him that all was well and the West was as well inclined to the King's Interest as the North What King must he mean he had no Commission from King William to go into Leicestershire to discourse with People to see how they stood affected to his Interest Sweet comes and tells you that when Sir William Parkyns spoke of the King he understood he meant King James I must leave it to your Consideration how you will interpret these Words It is true Gentlemen it is not fit there should be any strain'd or forc'd Construction put upon a Man's Words or Actions when he 's Tryed for his Life You ought to have a full and a satisfactory Evidence to convince you that he is Guilty before you pronounce him so but however you are to consider the Nature of things and the Circumstances that attend them If you can suppose that he went into Leicestershire to King William's Friends and that he was of Opinion the West was as well Affected to King William as the North then you make a different Construction from Sweet who tells you that always when he spake of the King he understood it of King James and at Christmas when he spoke of the King 's Landing it must be meant King James for King William was here before and he pretends not he had any Authority to Raise a Troop for King William So that Gentlemen I must leave it to you upon the whole matter if you are satisfied that Sir William Parkyns is Guilty of the Matters of which he stands Charged you will find him Guilty you have heard the Evidence and will consider of it if upon the whole you are not satisfied that he is Guilty of the Matters Charged in this Indictment then you are to acquit him Then an Officer being Sworn to keep the Jury according to the Custom they withdrew to consider of their Verdict and in less then half an Hour returned again into Court Cl. of Arr. Gentlemen of the Jury Answer to your Names William Northey Mr. Northey Here c. and so of the rest Cl. of Arr. Are you all agreed on your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkyns hold up thy Hand which he did Look upon the Prisoner how say ye is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty my Lord. Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the High-Treason committed or at any time since Foreman None to our Knowledge Jaylor Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court hath Recorded it You say Sir William Parkins is Guilty of the High Treason whereof he stands Indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High Treason Committed or at any time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service While the Jury was withdrawn to consider of the Verdict Sir John Friend was brought from Newate to the Bar in order to his being called to Judgment and after the Verdict he Addrest himself to the Court thus Friend My Lord I humbly beseech your Lordship to give leave to Read this Paper To which the Court gave no Answer Frind My Lord will your Lordship give me leave to Read it L. C. J. H. Ay if you will Reads Friend My Lord I humbly move in Arrest of Judgment that I am not Convicted of Treason by Two Witnesses as I ought to have been within the Stat. of 25 Ed. 3. for Mr. Porter swears that I with others in May or June last sent to the French King to Invade England he is the only Witness to that matter Mr. Blaire swears that I shewed him a Commission in Surry-street about 2 Years since Sign'd by King James and Countersign'd Melfort to be a Colonel of Horse and that I gave him some Moneys for the Cherishing of the Men. My Lord here is no Levying of War Sworn by Mr. Blair and Conspiring to Levy War not being Treason I am Convicted by one Witness and therefore I pray Councel may be Assigned me to plead this matter L. C. J. H. Sir John Friend that which you move now is not in Arrest of Judgment it is matter that does arise upon the Evidence and what you now say Arraigns the Verdict and the Proceedings upon your Tryal There were Two Witnesses against you that it is plain You were not Indicted for Levying of War but for Compassing and Imagining the Death of the King and we told you the design of the Invasion and Conspiring to Depose the present King and Restore the late King was an Overtact of that High Treason The Commission was not so much stood upon but the Advanceing Moneys upon this Account to Blaire your Lieutenant Colonel to give to the Men that was a plain Overt Act and so there were certainly Two Witnesses against you Friend My Lord I hope I can clear my self I thank God I am as Innocent as the Child un-born of the Assassination of the King I would not have the People think that I am such a Man L. C. J. H. But you remember it was sworn you knew of it and we have told you that the design of Restoring the late King by Force and Deposing the King are Overt Acts of imagining his Death if such an Intention be proved as it was in your Case and the Jury have found it so Friend My Lord I humbly beseech you because I do not understand matter of Law and am advised to move this in Arrest of Judgment I desire my Councel may be heard to it L. C. J. H. We cannot hear Councel but upon a matter that arises upon the Record it self that is the Indictment We cannot enter into any Examination of this matter that you now speak off you had a long Tryal Yesterday Friend My Lord I am sorry to give your Lordship any occasion of trouble but I humbly beseech you if it may be that I may be heard by my Councel for the satisfaction of the World pray my
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
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
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
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
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
Rokeby You might have his word and not delivered by his own mouth there are other ways to convey a mans word besides speaking Parkins But then we don't call it his word that 's hearsay Mr. J. Rokeby If a man write his Note that he will do such a thing we may very well say we have his word for it L. C. J. H. It is not impossible but that you might speak with him Parkyns It is impossible I should speak from hence to France L. C. J. H. You might have been over with him I believe a great many others have and it 's proved Mr. Charnock went over Mr. J. Rokeby If any man should have said at the latter end of the last month I believe that there was an Assassination intended against the King because I have his word for it meerly from reading his Speech to the Parliament wherein he affirms that he had several proofs of it that had been a proper expression tho he did not hear the King speak it Parkins Yes if he had the Speech to produce Mr. J Rokeby Then if it come by Letter or Message or by Common fame he might send you word by a particular Messenger Parkyns Yes if there was any such authority as that it were true But he has manifestly contradicted himself and Captain Porter swears for his own life and I must leave it to you whether they are to be believed Mr. J. Rokeby Captain Porter's testimony has been sufficiently confirmed by the acknowledgement of dying Persons L. C. J. H. Well have you any more to say Sir Wm. Parkins Parkins No my Lord I submit it to your Lordships direction L. C. J. H. Then what say you to it Mr. Att. or Mr. Sollicitor Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Council for the King in this matter and it is my turn to summ up the Evidence against the Prisoner at the Bar. He stands Indicted for compassing the Death of the King for designing to depose the King for promoting a foreign Invasion for intending an Insurrection here at home and for aiding and abetting the Kings Enemies and for doing what he could to procure the subjection of his own Country to Foreigners and Strangers Gentlemen some of these Crimes run into one another designing the Death of the King by Assassination and designing to depose the King amount to one and the same thing with Compassing and Imagining the Death of the King My Lords the Judges have given you their opinion in that point of Law and I think it is agreeable to all the resolutions that have been since the making of the Statute of 25 of Ed. 3d. I think that it has been explained so in the time of Richard the Second but this I am sure of that it was so resolved in the time of Harry the Fourth when there was a design to set up Richard the Second again and it was adjudged to be High Treason in Compassing and Imagining the Death of the King For deposing the King is destroying him in his politick Capacity as much as Assassination and Murdering of him is destroying him in his natural Capacity and the Conspirators in such Cases know what the great end is they aim at to subvert the Government as it is established by Law whereby every man enjoys his own property and the freedom of his person and those that will be quiet may have their liberty and property preserved intire to them but some people are so very impatient of submitting to the Law that they cannot be content to be in servitude themselves but they must needs do all they can to bring it upon their fellow Subjects And it were very well if that those who are in love with slavery would but go to some other places where they may have enough of it and not bring it upon those who are so little desirous of such a thing as we are and I hope shall always be Gentlemen to prove Sir Wm. Parkins guilty of this Treason whereof he stands indicted we have produced several Witnesses and first there is Mr. Porter and he tells you Sir Wm. Parkins told him he had seen a Commission from King James written with his own hand for making War against the person of King William Parkins Sir I beg your pardon for intetrupting you but there was not one word of that said here is Mr. Porter pray ask him if ever I saw a Commission from King James L. C. J. H. Porter did say so if I remember any thing Porter said you told him you had read the Commission and it was written with his own hand Parkins All that I heard of it was that when I was desired to make one in the Assassination I refused it because I said I was busy about the matter of my Regiment Mr. Att. Gen. Pray call Porter again Capt. Porter came in Mr. Soll. Gen. Pray Captain Porter will you give the Court and the Jury an account what you heard Sir Wm. Parkins say about the Commission that came from King James Cap. Porter I askt Mr. Charnock why I might not see the Commission and he told me he had never seen it himself but Sir Wm. Parkins had I did ask Sir Wm. Parkins whether he had seen it and he told me he did see it and read it and it was to raise War against the Person of the Prince of Orange Mr. Att. Gen. Whose hand was in it did he say Capt. Porter It was all written with King James's own hand Parkins This was my mistake I thought he had said I told him I had a Commission for a Regiment Mr. Mountague Did he give any reason why it was written with King James's own hand Cap. Porter We used to say amongst our selves it was because he would not trust any of his Ministers with it Mr. Soll. Gen. I would not do Sir Wm. Parkins any wrong but only summ up what is material in the Evidence given against him I remember very well Mr. Porter said Mr. Charnock told him Sir Wm. Parkins had seen the Commission but I would not offer that as Evidence against the Prisoner what another told him but he says besides that Sir Wm. Parkins told him himself that he had seen it and that it was written with King James's own hand He says that they had several Meetings together Sir William Parkyns and a great many others and he names the places the Naggs Head in Covent Garden the Sun Tavern in the Strand and the Globe Tavern in Hatton Garden he tells you particularly that it was agreed that King who was executed and Knightly and himself should go and view a place that should be proper for the Assassination and to give a Report to the Prisoner and the rest of the Conspirators what they thought the most proper place and that accordingly they did view the place and came home at night and met the Company whereof Sir Wm. Parkyns was one and they