five Horses went out of Town in the Afternonn and he gave an account to his Servant that he intended to be in Town again about Sunday or Monday following Mr. Att. Gen. When came Mr. Lewis Turtle I do not know him by that Name but when I served the Earl of Oxford I knew him to be the same the Gentleman of Horse to the Lord Feversham Mr. Att. Gen. What time did he come Turtle He was there upon Saturday in the Yard but Sir William Parkins did not see him there L. C. J. Holt. You are askt when did Lewis come Turtle He was in our Yard the first time I saw him asking for Sir William Parkins if he were there Mr. Att. Gen. What time Turtle About Three in the Afternoon Mr. Att. Gen. Did you not see him before Turtle I saw him about an Hour before Sir William's Horses went away and I told him that when they returned again they were to go out of Town and designed to be in Town again on Sunday or Monday And on Sunday about three a Clock Mr. Lewis came to enquire if Sir William's Horses were come to Town I told him No. Again on Monday about Nine he came to the Tap-house and askt if I heard any thing of their coming I answered No. Mr. Att. Gen. How were they accoutred when they came to Town on Friday Turtle To the best of my knowledge two or three had Holsters and four or five Cases of Pistols Mr. Att. Gen. Did you observe any other Furniture Turtle I saw a pair or two of Jack-boots they rode in them the Groom rode in them Mr. Att. Gen. Did you see any more wrapt up Turtle No I did not Mr. Cooper Do you know what time the Horses were Saddled that day the Saturday that they went away Sir W. Parkins Let me ask you a Question or two You say you observed there were three or four Cases of Pistols Did you not observe that I always used to ride with Pistols Turtle Yes Sir I know very well you did Sir W. Parkins And for those Boots were there any more than two pair Turtle I saw but two pair Sir W. Parkins Was there not a Gentleman that came to Town with me We alighted at Mr. Homes's House and sent the Boots thither they were the Boots we rode in Turtle I know you use to ride with three or four Cases of Pistols Sir W. Parkins And were not those small Horses What sized Horses were they Not one of them above fourteen Hands and a half some under fourteen they were Horses I used to ride upon Mr. Soll. Gen. Did you ever see Sir William come with so many before Turtle There used to be some at the Sword and Buckler Mr. Att. Gen. How many there Turtle Four or five at a time He has come with five or six at a time when he used to come with a Coach and four Horses Mr. Att. Gen. How long since Turtle Seven or eight Years ago Mr. Att. Gen. How long have you lived at the George Inn Turtle I have lived there about three Years Mr. Att. Gen. Did you observe any other Horses come in there Turtle There were two or three Horses that were pretty sizable Mr. Att. Gen. Whose were they Did any body own them Turtle Yes there was a Man that seemed to own them that paid for their Meat Mr. Att. Gen. Did you know who that was Turtle Truly I did not know him I never saw him in my life before Mr. Soll. Gen. Sir William have you any Questions to ask him L. C. H. Holt. Sir William Parkins the Attourney and King's Witnesses have done now is your time to make your Defence Sir W. Parkins I rely upon your Lordship I am ignorant I know not how to defend my self Your integrity is such that I depend upon your Lordship to Sum up the Evidence to the Jury As to the Assassination there is but one Witness and that is Captain Porter and he declares I had no hand in it but only to furnish four or five Horses but not any thing that I did L. C. J. Holt. Yes yes You agreed to that Resolution in several Debates that it was necessary to take off the King Sir W. Parkins I deny it But there is but one Witness against me and the Law says there shall be two as to one Overt-Act and as to the Assssination there is only Captain Porter and no other L. C. J. Holt. Well well that is true Sir W. Parkins As to the Regiment Captain Porter does not say I was to raise a Regiment but that he was told by a Gentleman that I was desired to be in this matter but I could not for I had other business to do L. C. J. Holt. Yes yes he said you had a Commission and had bought 30 Saddles and had a Troop Sir W. Parkins Who said that my Lord Mr. Att. Gen. Mr. Porter said you told him you had a Commission to raise a Regiment and you told Sweet your Troop did consist of old Soldiers and several Voluntiers besides Sir W. Parkins Still nothing of a Regiment I did not tell him I had raised a Troop or was to raise a Regiment but that I told him my Troop would consist ay would consistdf L. C. J. No that you had bought 30 Saddles and that your Troop did consist of old Soldiers and that you did go into Leicestershire and told him how disposed in Leicestershire they were to your design and that the West stood as well affected as the North. Sir W. Parkins That I went into Leicestershire and met several Gentlemen I hope this is no Evidence of Treason He says I said they were well disposed he did not say well disposed to King James Pray my Lord call him again L. C. J. Holt. Let Mr. Sweet be called Mr. Soll. Gen. Mr. Sweet What did Sir William Parkins tell you of Leicestershire Mr. Sweet He said he had been there and met his Friends and all was well L. C. J. Holt. Did he name King James Mr. Sweet No not King James at that time Mr. Soll. Gen. What was the discourse Mr. Sweet He named not King James but only mentioned the King's interest L. C. J. Holt. What did you understand by that Mr. Sweet I understood him always King James He said the West was as well inclined to the King's Interest as the North. Mr. Att. Gen. What did he tell you he was to go about Mr. Sweet He said he was to meet some Friends in the North and that some came as far to meet him as he went to meet them Mr. Att. Gen. At the time he said he was to go to Leicestershire to meet his Friends was it at that time he had discourse with you about King James Landing Mr. Sweet No Sir Mr. Att. Gen. When Captain Scudmore was with him had you discourse with him before Mr. Sweet No Sir I never saw Captain Scudmore before in my life Mr. Att. Gen. But when your
I Do Appoint Brabazon Aylmer to Print and Publish the Tryal of Sir William Parkyns and that no other Person do Print the same HOUBLON Mayor THE TRYAL AND CONDEMNATION OF Sir William Parkyns Kt. FOR THE Horrid and Execrable Conspiracy To ASSASSINATE His Sacred Majesty King WILLIAM In Order to a French Invasion of this Kingdom Who upon full Evidence was found Guilty of HIGH-TREASON AT THE Sessions-house in the Old-Baily March 24. 1695 6. Together with a True Copy of the Papers delivered to the Sheriffs of London and Middlesex by Sir J. Freind and Sir W. Parkins at the Place of Execution LONDON Printed for Brabazon Aylmer at the Three Pigeons over against the Royal Exchange in Cornhil MDCXCVI THE TRYAL OF Sir William Parkins K nt On Tuesday the 24th of March 1695 6 AT THE Sessions-House in the Old-Bayly London The COURT according to their Adjournment the preceeding day met and proceeded to the Tryal of Sir William Parkins in this manner Clerk of the Crown SET Sir William Parkins to the Bar. Sir W. Parkins My Lord If Your Lordship please My Wife came to see me in Prison and sent a Trunk with some Linnen and other Things necessary for my use And the Sheriffs of London finding them have seized and detain them And I desire Your Lordship would please to Order them back again The Trunk has in it many necessaries and all things have been torn from me And I beg the favour of Your Lordship to Order it to be delivered back to me Mr. Sheriff My Lord If Your Lordship please We were sent for to Mr. Secretary Trumbal's office and there was a Trunk opened with Plate and Houshold Linnen And Mr. Secretary was pleased to deliver the said Trunk into our hands and to take my Brothers Hand in a Recâ—ipt for it We found it in the Secretaries Office and had a Warrant to bring it down L. Ch. J. Holt. I believe your Trunk was seized in order to search for Treasonable Papers Sir W. Parkins Yes My Lord I believe it was I hope it shall be delivered back again L. Ch. J. H. What was in it Mr. Sheriff There was Diaper Linnen and some other things and about an Hundred and Fâ—â—ty Ounces of Plate We had it from Mr. Secretary Trumbals Office we did not seize it but foâ—nd it in his Office and brought it down L. C. J. Holt. He must have it again he ought to have wherewithal to subsist and for his necessarâ— support while in Prison let the Plate be sold for his support while he is in Prison Care shall be â—aken of it Sir William Sir William Parkins My Lord I have nothing to subsist on unless I can make something of what is there My Wife lacks necessaries and I have Four Children and we have nothing to subsist on L. C. J. Holt. Had you sent and complained of this before care should have been taken about it Sir W. Parkins My Lord I was told there was a Petition to Your Lordship and they talkt of an Order from the Council but when I came to inquire there was no Order of Council only to search and examine it L. C. J. Holt. I heard nothing of it Let the Money be advanced care shall be taken of it Sir W. Parkins I thank your Lordship Cl. of the Cr. Sir William Parkins Hold up thy Hand which he did Thou standest Indicted c. The Substance of the INDICTMENT London ss THE Jurors c. Present That whereas an Open Notorious Publick and Cruel War for a great Time hath been and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King against the most Serene Illustrious and Excellent Prince our Lord WILLIAM the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lew is the French King and his Subjects were and yet are Enemies of our said Sovereign Lord the King and His Subjects One Sir William Parkins late of the County of Middlesex a Subject of this Kingdom of England well knowing the Premisses the Fear of God in his Heart not having nor weighing the Duty of his Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene and Excellent Prince WILLIAM the Third now King of England c. his Supream True Natural and Vndoubted Lord the Cordial Love and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear and of right ought to bear withdrawing and intending to extinguish and minding and with all his strongth designing and endeavouring the Government of this Kingdom of England under Him of Right Duly and Happily Established altogether to Subvert Change and Alter and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall in an intolerable and miserable Servitude to the French King on the First of July in the Seventh Year of the Reign of our said Sovereign Lord the King and divers other Dayes and Times as well before as afterwards in Covent-Garden and elsewhere in the County of Middlesex Falsly Maliciously Devilishly and Traiterously did Compass Imagine Contrive and Intend our said Sovereign Lord the King that now is then his Supream True Natural and Lawful Lord of and from His Regal State Title Honour Power Crown Imperial and Government of this Kingdom of England to Depose and altogether Deprive and Him to Kill and Murder and to move excite and procure and Aid the said Lewis the French King and his Army this Kingdom to Invade c. and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King And that he the said William Parkins to the said Enemies of our said Sovereign Lord the King then and there was Adhering and Assisting And the same most Wicked and Devilish Treasons c. to fulfil c. and in prosecution c. of that Traiterous Adhesion he the said William Parkins as such a false Traitor during the War afoâ—esaid viz. upon the First day of July in the Year aforesaid and at other Dayes and Timâ—s as well before as afterward in Covent-Garden and elsewhere in the County of Middlesex â—id Falsly Maliciously c. and with Force and Arms with one Robert Charnock lately Conviâ—ted of Treason and with divers other false Traytors to the Jurors aforesaid unknown did Mâ—et Propose Consult and Agree to Procure from the said Lewis the French King Forces â—ubjects and Souldiers great numbers c. this Kingdom of England to Invade and to Levy â—rocure and Prepare great Armies and Armed Men against our said Sovereign Lord the King â—â— be raised and formed and with the Enemies aforesaid to and upon such Invasion and Ingressâ— into this Kingdom of England to joyn and unite Rebellion and War against our said Sovereign Lord the King within this Kingdom of
England to make levy and wage our said Sovereign Lord the King to depose c. And further with the said false Traytors on the First day of July in the Year aforesaid in Covent-Garden aforesaid Traiterously did Consult Consent and â—gree to send the said Robert Charnock as a Messenger from him the said Sir William Parkins and the said other Traytors to the Jurors unknown to and into the Kingdom of France c. to the late King James to Propose Ask and Obtain from the said Lewis the French King the Forces and Armed Men aforesaid for the Invasion aforesaid to be made and to give and deliver to the said King James and other the said Enemies and their Adherents Intelligence and Notice of such Traiterous Intentions and Adhesion and all other particular Matters c. relating thereunto And also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premisses to receive c. And in order to the better Assistance c. of the said Enemies of our said Sovereign Lord King WILLIAM in the War aforesaid And to excite and procure the said Enemies of our said Sovereign Lord the King the more readily and boldly to Invade this Kingdom of England and the said Treasons c. of him the said Sir William Parkins to perfect and bring to pass c. he the said Sir William Parkins during the War aforesaid did viz. on the 10th day of February with the said Robert Charnock and others meet consult c. our said Sovereign Lord King WILLIAM by lying in wait to Assassinate Kill and Murder and this execrable Assassination the easier to fulfil and bring to pass did prepare and consult with other false Traytors of the wayes means and methods and of the time and place when and where and in what manner viz. by lying in wait they might more easily kill and slay our said Sovereign Lord the King and did Consent and Agree with the said false Traytors that Forty Men and Horses part of the Traytors aforesaid some of them by the said Sir William Parkins to be procured with Musquets Carbines and Pistols charged with Gunpowder and loaden with Bullets and with Swords and other Arms to lye in Wait and Ambush against our said Sovereign Lord the King in His Coach being when He should go abroad a Hunting to set upon and Murder while others so Armed the Guards attending upon Him should Kill and Murder And that he did take upon him to provide Five Horses for those Men who should Kill and Murder our said Sovereign Lord the King And also that he the said Sir William Parkins the said Treason and Trayterous Conspiracies to execute c. afterward to wit the Day and Year last abovesaid divers Arms Musquets Carbines Swords and other Arms c. Falsly Maliciously Secretly and Trayterously did obtain and buy collect and procure and cause to be obtained c. and in his Custody had and kept with Intention the same in and about the Detestable Horrid and Execrable Assassination Killing and Murdering of our said Sovereign Lord the King and in the said Invasion to employ And also the said Trayterous Imaginations the better to bring to pass he the said Sir William Parkins in the Parish aforesaid divers Souldiers and Armed Men and Men ready to be Armed when the said Assassination should be did levy enroll and retain and cause to be levyed enrolled and retained And those said Souldiers and Armed Men thus Levyed Enrolled and Retained the Treasons aforesaid to bring to pass then and there ordered to be in a readiness to be used and imployed c. against the Duty of his Allegiance and against the Peace of our said Sovereign Lord the King that now is His Crown and Dignity as also against the Form of the Statute in that Case Made and Provided Cl. of Cr. How say'st thou Sir William Parkins Art thou guilty of this High Treason whereof thou standest Indicted or not guilty Sir W. Parkins Not guilty Cl. of Cr. Culprit How wilt thou be Tryed Sir W. Parkins By God and my Countrey Cl. of the Cr. God send thee a good Deliverance Sir W. Parkins I beg your Lordships favour for a word or two My Lord I have been kept in hard Prison I was Committed and no Body was permitted to come to me till Friday last And being here Charged with divers Facts it was necessary for me to have divers Witnesses and they are disperst And therefore I beg of Your Lordship that my Tryal may be put off that I may get my Witnesses together L. C. J. Holt. When had you notice of your Tryal Sir W. Parkins On Wednesday last in the Afternoon I had notice and not before then But being kept so close Prisoner I had not the opportunity of any Council till Friday at Noon and then it being but two days and I in distress and hardship it was impossible for me to get my Witnesses together L. C. J. Holt. What Witnesses do you want Sir W. Parkins I have divers Witnesses to prove where I was from time to time when these things were done that are charged upon me but they are out of Town and I cannot get them together in so short a time L. C. J. Holt. When had he Notice Mr. Baker He had Notice on Wednesday last in the Afternoon Mr. Sollicitor Gen. Mr. Baker How was it that he had not Counsel sooner Mr. Baker I told him last Wednesday that I would procure an Order for Counsel and he should have it the next Morning and Mr. Burley came to me the next Morning and had the Order L. C. J. Holt. You were told on Wednesday you might have what Counsel you would and you had an Order on Thursday Sir W. Parkins My Lord I could not have any without application to the Court at White-Hall and no Body came to me and it was Friday before any Body came to me L. C. J. Holt. You had your Sollicitor you might have imployed some Body and have sent for your Witnesses you might have told your Sollicitor and he would have come to me Sir W. Parkins I could not get him till Thursday and I had no Body to send L. C. J. Holt If you had spoke to the Keeper he would have sent Sir W. Parkins I did it as soon as I could The Keeper was not always in the way It was Execution day and he was not at home that day L. C. J. Holt. You say you have divers Witnesses but name none How long is it since you were Committed Sir W. Parkins This Day Fortnight I was Committed A Fortnight ago My Lord. L. C. J. H. And the Commitment charges you with High Treason Were you not committed for High Treason Sir W. Parkins I never saw the Commitment Mr. Sollicitor Gen. My Lord he had fair time for he saw his Name in the Proclamation long before he was committed He might have prepared from that time L. C. J. H.
The Keeper dare not keep a Copy of the Commitment from you you might have had a Copy of it Sir W. Parkins No body was permitted to come to me if I had had it but the very Goaler Mr. Baker I gave Sir William notice of his Tryal and he said The Time was short and he would Petition for longer time I told him it was appointed for that time and that I did believe he would not have longer Time given him L. C. J. H. We do not see any Reason to put off the Tryal upon these Suggestions Sir W. Parkins My Lord it is very hard I humbly beg the Favour that I may have Counsel allowed me I have no skill in Indictments I have no understanding in these matters I beg your Lordship to assign me Counsel L. C. J. H. You are not ignorant that Counsel has always been refused when desired in these cases Sir W. Parkins Here is a new Act of Parliament lately made L. C. J. H. That Act does not yet commence Sir W. Parkins It wants but one day L. C. J. H. It is not in our Power to take notice of it sooner We cannot make it commence a day before the time Sir W. Parkins Will your Lordship please that it may be read L. C. J. H. You shall have it read if you will Sir W. Parkins If your Lordship please Then the Act was read accordingly L. C. J. H. Sir William This Law has no effect as yet but the Law stands as it did before the making of that Act. Sir W. Parkins It is reasonable that I should have Counsel L. C. J. H. But Sir William we must go according to Law Sir W. Parkins My Lord the Law is grounded upon Reason and I have had such short notice that I could not have time to prepare to make my Defence I hope that which will be Reasonable to morrow is so to day And no doubt your Lordship may Order it especially when your Lordship sees how straight it is upon me that I cannot make my Defence L. C. J. H. We cannot go against Law We cannot make a Law but must go according to it Sir W. Parkins But it is just and reasonable the Act savs L. C. J. Holt. The Parliament have thought fit to make such a Law to commence the 25th of this Month and it is not Law till the Parliament have appointed it to be Law and we cannot make it commence before Sir W. Parkins If I had had convenient Notice I had been within the Compass of that Act and there is no other Man can want the Benefit of that Act but my self L. C. J. Holt. We cannot alter the Law but are bound by our Oaths to proceed according to the Law that is in being at present Sir W. Parkins Pray my Lord may not the Trial be put off for some little time I am utterly unprovided for making my Defence L. C. J. Holt. You do not name any Witnesses that you want nor the time you can have them in Sir W. Parkins I will name both if you please my Lord. Mr. Att. Gen. You have had as much Notice as any have had L. C. J. Holt. You have had as much Notice as Sir John Friend had yesterday Mr. Att. Gen. And as much as is necessary even after the Act of Parliament takes effect Sir W. Parkins Sir J. Friend was charged with single Facts about the time and I am charged with many things much more particular than he was Mr. Sol. Gen. My Lord this Act does not meddle with Notice of Trial but it continues the same as it was before L. C. J. Holt. No nothing at all Sir W. Parkins My Lord I hope you will be my Counsel L. C. J. Holt. So we will and do you all the Right we can Then the Petty Jury impannelled for his Trial was called and the Prisoner was informed by the Court that he might challenge 35 without Cause shewn and as many as he would assigning a good Cause Accordingly the Prisoner amongst others challenged two assigning as a Cause that they were the King's Servants But he was told by the Court that that was no Cause of Challenge but the King's Counsel did not insist on that if there were enough besides And this was said that it might not go for a Precedent that this is a sufficient Reason for a Challenge The Twelve that were sworn were William Northee Tho. Edlin Edward Gold Robert Sanderson Daniel Thomas Ralph Marsh Henry Whitchcott Joseph Whiston Robert Bampton Tho. Ems of Stanhopp Tho. Sutton Nicholas Rufford After which Proclamation for Information was made in usual manner Cl. of the Cr. Sir W. Parkins Hold up thy Hand which he did You Gentlemen of the Jury look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Sir William Parkins c. for that he as a false Traitor c. where the Indictment was again read Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty Your Charge is to enquire whether he be Guilty of the High Treason whereof he stands indicted or not Guilty If you find him Guilty then you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since If you find him not Guilty you are to enquire whether he fled for it If you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it say so and no more Now hear your Evidence Sir W. Parkins My Lord. L. C. J. Holt. What say you Sir William Sir W. Parkins You were pleased to say that you would be my Counsel If your Lordship sees any Fault in my Indictment that may be any Advantage to me I desire your Lordship to inform me L. C. J. Holt I have read it and I observe none Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This Indictment does contain as heavy an Accusation as ever was brought against any one For it charges the Prisoner not only with the traiterous Design of subverting the Government and of killing the King but also it charges the Prisoner with designing an Invasion upon these Kingdoms and an Assassination of the King's Person The Indictment sets forth that the Prisoner did meet with Mr. Charnock and other false Traitors and there it was agreed how to procure some French Forces to land here in England and also to raise a Rebellion against his Majesty within this Kingdom Mr. Charnock was sent as a Messenger from the Prisoner and the rest over to the late King James to acquaint him with this bloody Design and to desire him to procure and borrow of the French King as many Forces as he could spare to make this Descent upon these Kingdoms and to facilitate his Descent they promised to get as many
together as they could to meet him upon his Landing And it was agreed that forty Men should be provided of which the Prisoner was one to lie in wait and set upon the King in his Return from Hunting and to Assassinate him Some were to fall upon the Guards while others murdered the King in his Coach The Indictment further charges the Prisoner with providing several Horses and Arms and that he did provide five Horses for them that were to commit the Assassination And the Indictment also does charge the Prisoner with getting together several Arms. To this Indictment the Prisoner has pleaded not Guilty If you do not believe him Guilty of what the Indictment charges him with God forbid but he should be acquitted But if you believe him Guilty the Nation does expect you should do Justice to the King and Kingdom Mr. Att. Gen. My Lord and you Gentlemen of the Jury the Prisoner Sir William Parkins stands indicted of High Treason for compassing and endeavouring the Death of the King and adhering to his Majesty's Enemies The Overt-acts laid in the Indictment to prove this Treason are these That the Prisoner together with several others had several Meetings and Consultations wherein it was agreed to send a Messenger over to invite the French King to invade this Kingdom and to depose the King and subject this Kingdom to the Tyranny of a French Power And further that he entred into a Conspiracy with several Persons to murder his Majesty These are the Overt-acts to prove this Treason against the Prisoner The Evidence to prove this will be in this manner It will appear that the Prisoner had a Commission from the late K. James to raise a Regiment of Horse in England and that in May last the Prisoner had a Meeting with several others at the Old King's-head in Leadenhall-street where there were present the Lord Ailesbury the Lord Montgomery Sir John Friend Sir John Fenwick Sir William Parkyns Mr. Charnock Capt. Porter Mr. Cook and Mr. Goodman came in after Dinner At that Meeting it was consulted among them how they should bring back the late King James and depose his present Majesty King William And in order to that did resolve to send a Messenger Mr. Charnock one of them to the late King James to desire him that he would obtain from the French King about ten thousand Men to invade this Kingdom eight thousand Foot a thousand Horse and a thousand Dragoons And to incourage the late King James to do this they did assure him by their Messenger they would meet him with two thousand Horse upon his Landing They all agreed they would do this and Mr. Charnock did agree to go upon this Errand About a Week after Mr. Charnock not being willing to go without good Assurance from them that sent him did desire there might be another Meeting And accordingly there was another Meeting of the same Persons of which the Prisoner was one and that was at Mrs. Mountjoy's a Tavern in James-street And at that Meeting they did all agree as formerly to continue the Resolution they had taken to send Mr. Charnock over to the late King James to assure him of their Assistance if he would give them notice when and where he would land And they did take notice that that was a very proper time for such an Invasion to be attempted for the King was then gone into Flanders and most of the Forces were drawn thither and the People very much dissatisfied and therefore it would be very easy to accomplish such a Design at that time And they did therefore desire Mr. Charnock to go upon that Errand and to desire that the late King James would be speedy in his Coming After a few days Mr. Charnock did go to France and delivered his Message to the late King James who took it very kindly but said the French King could not spare so many Forces at that time And he came over again and brought that Message to those Gentlemen that sent him This was in May or June last and so the Conspiracy ceased at that time But you will hear last Winter it was revived again and was attempted and carried on very near to a fatal Success You will hear Gentlemen that the Prisoner at the Bar has had as great a hand as any in this barbarous Conspiracy and Treason not only in the Invasion that he and the rest sent the Messenger over to procure but in the blackest part the Assassination of the King About January last Sir G. Berclay Lieutenant of the Guards to the late King James in France was sent over into England to excite Persons to go on in the assassinating of the King and for his Assistance there were sent over before and after him about twenty Troopers of the late King James's Guards in France and Sir G. Berclay to incourage Persons to ingage in this horrid Conspiracy brought over with him a pretended Authority from the late King James to justify them and that was a Commission from the late King James He communicates this Design of his to Mr. Charnock Capt. Porter and others and amongst the rest to the Prisoner at the Bar having a great Confidence in him He did acquaint him he had such a Commission and shewed it him and that the Commission was to levy War against the King's Person which they took as a sufficient Authority to attack his Person In order to the accomplishing this horrid Conspiracy several Meetings there were at which the Prisoner was present and very active sometimes at Capt. Porter's Lodgings at other times at the Nag's-head in Covent-Garden and the Sun-Tavern in the Strand You will hear that at these Meetings they did propose several Ways and Methods to accomplish this Conspiracy and several Persons some of which have suffered the just Punishment of the Law were appointed to go and view the Ground where most conveniently the King's Person might be assaulted King that has been executed for it and Capt. Porter and one Knightly went to view the Ground to see the most convenient Place And the Day before they went there was a Meeting at which was present the Prisoner and several others where it was resolved upon that they should go and view the Ground and Capt. Porter Mr. Knightly and Mr. King accordingly went to see the most convenient Place After that at Brentford they went over to Richmond where his Majesty used to go a hunting to divert himself At last they pitch'd upon a Place a Lane between Brentford and Turnham-green and they thought that a convenient Place for doing this barbarous thing And when they had viewed the Ground they were to come back in the Evening to the Nag's-head-Tavern where the rest were to meet to give them an Account of their Proceedings Accordingly in the Evening they came back and at the said Place were the Prisoner Sir G. Berclay Mr. Charnock and others and there they had an Account of the thing and they
I was to tell him I came from a Gentleman that lay at the Confectioners in Holbourn I knew the Gentleman's Face Mr. Att. Gen. What did he say to you Mr. Ewbank He bid me set up my Horse at the Red Lion and he would come to me presently so I called for a Tankard of Ale and when he came I have says he no Buisness to send but he writ in my Almanack I will come to Town at 9 or 10 a Clock Mr. Att. Gen. Did you go back to him Mr. Ewbank Yes I did and told him what Brown had set down in my Almanack Mr. Att. Gen. What Man was that what sized Man what manner of Man Mr. Ewbank A lusty man a great Nose wide Mouth swarthy Coloured Mr. Att. Gen. What Age Mr. Ewbank A middle aged Man Mr. Att. Gen. What did he say to you Mr. Ewbank He asked me if I had been at Kensington I said yes and that Mr Brown had writ in my Almanack he would be in Town at Nine or Ten a Clock He askt me whether I was going I said to my Master and he bid me tell my Master he would be at his Chamber at Nine or Ten a Clock Mr. Att. Gen. What said your Master to you Mr. Ewbank He bid me get the Horses ready for he would go home about two or three a Clock in the Afternoon Mr. Att. Gen. What time came your Master to the Inn Mr. Ewbank About 12 or 1 a Clock Mr. Att. Gen. Who came with him Mr. Ewbank One Lewis Mr. Att. Gen. Did you know him What is he Mr. Ewbank I had seen him before Mr. Att Gen. What did he say he was Mr. Ewbank My Lord Feversham's Gentleman of his Horse Mr. Att. Gen. What Discourse was there at the same time What did your Master say about Saddles Mr. Ewbank He asked what Saddles were brought I told him two and said they were the Gentlemans I left with him Mr. Att. Gen. What did Mr. Lewis say then Mr. Ewbank He said there was some mistake then for he said he thought there were more Mr. Att. Gen. How many were there in all did he say Mr. Ewbank Four and Twenty Mr. Att. Gen. Did Mr. Lewis or Sir William Parkins say four and Twenty Mr. Ewbank Sir William Parkins did not say how many there were of them but Mr. Lewis said there were four and Twenty to the best of my knowledge L. C. J. Holt. Where were those Saddles Mr. Ewbank I do not know my Lord I saw them not Mr. Att. Gen. What were the two Saddles for Mr. Ewbank For two Horses Sir Mr. Att. Gen. Who delivered them to you Mr. Ewbank Sir William Parkins Mr. Att. Gen. Where did they stand Mr. Ewbank At the Gorge Inn they were two Gentlemens Saddles Mr. Att. Gen. For what Horses were they Mr. Ewbank For Horses that were not my Masters Mr. Att. Gen. Did he speak any thing to you of the Horses Mr. Ewbank He bid me see the Hostler give them some Corn. Mr. Att. Gen. Were they your Masters Horses Mr. Ewbank Not that I know of Mr. Att. Gen. Did your Master give you those two Saddles Mr. Ewbank There were those two Saddles I might take them up my Master bid me see the Hostler give the two Horses their Corn. Mr. Att. Gen. Were they not your Masters Horses Mr. Ewbank Not that I know of Mr. Att. Gen. When did you go out of Town with those Horses Mr. Ewbank About Four a Clock in the Afternoon Mr. Att. Gen. After this when did you hear from your Master next Mr. Ewbank On Monday after I had a Letter from him Mr. Att. Gen. What was that Letter for Mr. Ewbank To go into Warwickshire to one Evans his Servant Mr. Att. Gen. Did he tell you what it was for Mr. Ewbank I did not read it it was sealed Mr. Att. Gen. Did you carry that Letter Mr. Eubank Yes I did Mr. Att. Gen. When Mr. Eubank I came to him on Tuesday about Four a Clock Mr. Att. Gen. What did Evans and you do after that Letter was deliver'd Mr. Ewbank Evans went and fetched some Boxes from one Mr. Heywoods two Miles off Mr. Att. Gen. Did you go with Evans to fetch those Boxes Mr. Ewbank No Sir Mr. Att. Gen. Who bid you go with him Mr. Ewbank Why there was a Man drove the Team he was a Stranger Mr. Att. Gen. Was you there when they brought these Goods back Mr. Ewbank Yes I was Mr. Att. Gen. What did they do with them Mr. Eubank They buried them in the Garden Mr. Att. Gen. In the Boxes Mr. Ewbank Yes Sir Mr. Att. Gen. How many Boxes were there Mr. Ewbank I think five or six I did not know what was in them Mr. Att. Gen. Did you help to bury them Mr. Ewbank No I did not help to bury them but my Brother Evans told us they were choice Goods I did not know what L. C. J. Holt. What time of the Day or Night were the Boxes fetched by Evans from Mr. Heywoods Mr. Ewbank They went away about four in the Afternoon Mr. Att. Gen. How far is Mr. Heywood's House from Sir William Parkins House in Warwickshire Mr. Ewbank About four miles Mr. Att. Gen. What time did they return Mr. Ewbank About 10 or 11 a Clock at Night Mr. Att. Gen. Did they Bury them then Mr. Ewbank Yes I did see them buried Mr. Att. Gen. Why did they bury them Mr. Ewbank Because they said they were choice Goods Jury Man My Lord I understand he said he saw them buried Sir William Parkins Did you see them buried Mr. Ewbank I saw some Earth put upon them but they put more the next Morning Mr. Att. Gen. I will only ask you one Question That Person at the Confectioners had he a lame Arm or no Mr. Ewbank I did not perceive it Mr. Attor Gen. Sir will you ask him any more Questions Sir W. Parkins He says Mr. Homes went out of Town with me you would insinuate as if it were Major Homes in the Proclamation who was it Was it not Mr. Homes in Holborn was he not all last Summer at my House Mr. Ewbank Yes Sir he was Mr. Att. Gen. You do very well to explain it Have you any more questions to ask him Sir W. Parkins No Sir Mr. Baker Call Hipwell He appears and is sworn Mr. Att. Gen. Is your Name Hipwell Hipwell Yes Sir Mr. Att. Gen. Where do you live Hipwell In Warwickshire Mr. Att. Gen. Who do you live with Hipwell Of my self Sir Mr. Att. Gen. Is your Name Hipwell Hipwell Yes Sir Mr. Att. Gen. Do you know any thing of any Goods carried from Mr. Heywood's House to Sir Will. Parkins Give an account of what you know of that matter Hipwell I came from Lichfield Fair from my House to my Master on Wednesday Mr. Att. Gen. You said you had no Master Is he your Master Hipwell He is my Master when he pleases Mr. Att. Gen. Hipwell pray give an account
first discourse was with him about King James his Landing what did he say Mr. Sweet Sir William Parkins told me now he did believe he would Land for he had his own Word for it Mr. Att. Gen. What did he say of any Preparation that he had made Mr. Sweet The Preparation was his own Troop L. C. J. Holt. Did he tell you he had a Troop or that he was to have one Mr. Sweet I speak his own Words which were My Troop consists of all old Soldiers Mr. Att. Gen. And what did he speak of Voluntiers Mr. Sweet He said he had some Gentlemen that would follow him as Voluntiers and would go with him Mr. Mountague When you had discourse of the present King what Name did he give him Mr. Sweet He called him the Prince of Orange Sir W. Parkins Consider that did you ever hear me call this King Prince of Orange since he was King Mr. Sweet I do not know I am not positive in that Mr. How long have you been acquainted with Sir William Parkins Mr. Sweet Three years Mr. Soll. Gen. Have you ever heard him call this King Prince of Orange Mr. Att. Gen. What did he use to call him You had frequent discourse with him about the present Government Mr. Sweet He would call him King William and the little Gentleman Mr. Att. Gen. What did he call him else Mr. Sweet King William the little Gentleman our Governour Sir W. Parkins When did you hear me call him the little Gentleman Pray consider of it I am sure I always called him King William but never the Prince of Orange nor the little Gentleman I am sure I never used such an expression L. C. J. Holt. Recollect your self speak the truth and no more did you ever hear him call him little Gentleman or Prince of Orange Mr. Sweet I am studying the time I am sure I have heard him call him Prince of Orange and King William too but when he spoke of the King I understood him to mean King James L. C. J. Holt. Sir William when you came from Leicestershire you talked with him of the King's Friends and how well disposed they were for the King's Interest and he understood it of King James and you said the West was as well disposed as the North. Were you to go to Leicestershire to see whether the People were well disposed to King William Sir W. Parkins No My Lord nor King James neither L. C. J. Holt. Why did you concern your self with the King's Friends in the West and in the North Mr. Soll. Gen. When was it that Sir William spoke to you of the King 's Landing Mr. Sweet About Christmas Sir W. Parkins Did I tell you positively that he was to land Mr. Att. Gen. You said you had his word for it Sir W. Parkins That cannot be it carries no Probability with it It were strange if I should have it from the King 's own Mouth when I never was out of England indeed if I had been out of England it had been something Mr. Cooper He did not say from the King 's own Mouth but you had the King's word for it L. C. J. Holt. Sir W. Parkins Why did you send your Man to Kensington to speak with one Brown and what was that Person that lodged at the Confectioners in Holbourn over against Grays Inn Sir W. Parkins I know neither Brown nor the other but I lent my Man at the Request of Mr. Charnock who lodged at the same House with me he desired me to lend him my Man to go on an Errand for him and I lent him my Man that was formerly his Servant and he knew the Man I knew neither of them nor their business nor whether there were any or no. He imployed him about what I know not nor their Business L. C. J. Holt. Have you any more to say Sir W. Parkins I think my Lord there is but one positive Evidence as to any Overt-Act L. C. J. Holt. What do you think of the Design to bring in King James to assist him with Horses and providing Horses and Arms Sir W. Parkins There is no positive proof of that of Arms. L. C. J. Holt. Yes of Arms about Michaelmas last there were Arms sent to your House which you sent to Mr. Charnock's Brother-in-Law These Arms lay there till Ashwednesday at Night and then were fetcht away by Night and removed and buried at your House and taken up again and an account has been given what Arms they were there were four dozen of Swords there were Hilts to them and 25 Cases of Pistols and several Carbines Sir W. Parkins My Lord it does not appear that they were bought nor for what intent they were bought L. C. J. Holt. But then he tells you your going to Leicestershire was understood to be for King James and settling his Interest there which by and by I must leave to the consideration of the Jury that is an Overt-Act and when you came back you gave an account how they were disposed in the West as well as in the North. Sir W. Parkins But is this an Overt-Act of Treason to tell how People stand affected L. C. J. Holt. But your going with that Design Sir W. Parkins He does not prove that Design I went to see my Friends L. C. J. Holt. Mr. Sweet did not he tell you he was to go into Leicestershire Mr. Sweet Yes to meet some of the King's Friends L. C. J. Holt. Did he tell you who Mr. Sweet Yes my Lord that there was a Lord's Brother and when he came back he told me all was well and that the West was as well inclined as the North. L. C. J. Holt. To what Mr. Sweet To the King's Interest L. C. J. Holt. Did he speak of a Lord's Brother what did he say of a Lord's Brother Mr. Sweet There were several Persons concerned and among them a Lord's Brother Juryman I desire your Lordship to ask him for we took it so before in the course of the Evidence when he discoursed of the King 's landing we took it of the late King James L. C. J. Holt. Did he ever mention King James Did he name King James or King William Mr. Sweet He never used to say King James but I took him to mean King James he called him the King Mr. Att. Gen. Who could land but King James Mr. Soll. Gen. About what time was that Discourse Mr. Sweet About Christmas Sir W. Parkins If I did say the King is to land I hope this discourse cannot be interpreted Treason but words He says I said I had it from the King 's own Mouth which is impossible but if I had said I had it from the King 's own Mouth and did tell him so it is no Overt-Act it cannot be interpreted Treason And then for the other I am charged with being in a consultation for sending over Mr. Charnock there is but one Witness there is only Mr. Porter for that and that
vengeance to him And therefore this being in its nature Treason the providing Arms and going up and down to raise Men to make insurrection is so Sir Will. Parkins That is not said my Lord This is not said That I met with any with an intent to raise Men no by no Evidence It is said I went to meet with some Friends Pray my Lord go not beyond what the Evidence is L. Ch. Just Treby Your Words I think I did take and I will do you no wrong You said you went into Leicester-Shire and that it was to meet your Friends He says the King's Friends By Friends it is plain King James his Friends and not King William's As you spake of the King 's Landing and that at Christmas last when every body knows King William was here and had been so for sometime Sir Will. Parkins That of Landing was at Christmas the Journey was long after L. Ch. Just Treby The coupling I make is that at Christmas you used the Word King and he says you meant K. James now the question is if you meant by the Word King the same in January as in December And you said further that you found the West as well inclined to the King as the North and that a Lord's Brother was concerned in it If by King were meant King William how impertinent were this Discourse To say that the West was as well inclined to King William as the North and that a Lord's Brother was concerned in what in being true to King William What a strange kind of discoursing is this I was willing to hear you explain this as well as you can But here is this of providing of Arms proved by Four or Five Witnesses and secreting of them in this manner And you have no Witnesses to prove that you provided these for the use of the Government It is not lawful to provide Arms as you did And to provide Arms for a whole Troop and secret them in this manner is the gleatest Evidence to me that there was no other use of them Whether you had provided for a whole Troop or no I may not be skillful enough to know that But it is plain to me an Insurrection was intended If you had found them in your House in Warwick-Shire you ought to have discovered them and have used them for the Government and that when you had a Commission and not before Then he says you had a Troop Sir Will. Parkins He only tells you my Troop would be composed L. Ch. Just. Treby Does he not say you had a Troop that consisted of Old Soldiers Sir Will. Parkins It is to be not it was L. Ch. Just. Holt. Did he say it did consist or would consist Mr. Sweet He said his Troop was composed of all Old Soldiers Sir Will. Parkyns Does it appear Here is but one Man Does this Troop consist of Men in the Air Are none of these Men known Suppose I should tell him a brag a Lye shall I lose my Life for talking of a Troop in Nubibus Mr. Att. Gen. Though we have not found your Men we have found your Arms. Your going into Leicester-Shire and bringing that word back that is a Fact Sir Will. Parkyns Where was it and when were they bought and made ready It does not appear and I do affirm and can prove to your Lordship if you give me but one days time that they were at my House in Warwick-Shire when I first came there Two years ago or I will be Crucified if it be not proved to your satisfaction that they were at my House in Warwick-Shire long before any thing of this discourse was had or thought on J. Rookby If your Lordship desire my Opinion I suppose it is to the matter of Law propounded by Sir William Parkins He says there ought to be Two Witnesses to the same Overt-Act I take the Law to be this that there need not be Two Witnesses to the same Overt-Act But if there be One Witness to one Overt-Act and another to another Overt-Act of the same species of Treason this is Two Witnesses in Law Now it seems to be one species of Treason for it is a compassing and designing the Death of the King several ways one by Assassinating his Person the other by bringing in Foreign Forces and preparing Arms to meet that force here Now here are many Witnesses to prove Arms prepared and found and some were present when the Boxes were opened and proved that these Arms were directed by you the Prisoner to be sent to Heywood's House It is true Mr. Charnock writ the Letter but it was by Sir William's directions and Sir William Parkin's Servants fetcht them away from this place this is as plain as any thing in the World And this I take to be another Overt-Act and proved by several Witnesses touching the same Treason the compassing and imagining the Death of the King Sir William Parkins tells you of being Educated to the Gown I do not know what occasion a Gown-Man should have for so many Arms. Sir Will. Parkyns If you please to let me send for some Witnesses I will prove that were there Two years ago J. Rookby There was a design Two years ago and a design to destroy the King Sir Will. Parkins I desire the Statute of Treason of 25 Edw. 3. may be Read and the New one L. Ch. Just Holt. Let it be read It was read accordingly L. Ch. Just. Holt. There is another Statute of 5 Edw. 6. more for your purpose Sir Will. Parkins My Lord I expected to have found it in this Then the other Statute was Read L. Ch. Just Holt. Sir William you have heard the Statute Read do you infer any thing from it Sir Will. Parkyns It requires Two Witnesses and there are not Two Witnesses L. Ch. Just. Holt. That I must leave to the Jury whether the Witnesses do not prove an Overt-Act to demonstrate a design you had to depose the King For if so be here be a design to despose the King from his Throne and that be manifest by any Overt-Act that is High-Treason by this very Act. Sir Will. Parkyns That I agree to but there must be two Witnesses to it L. Ch. Just Holt. Nay suppose the design be to dethrone the King one way or another one way by an Assassination the other way by joyning in an Insurrection or Invasion there must be a Witness to each Overt-act Sir Will. Parkyns There must be two Witnesses to each Overt-act L. Ch. Just Holt. To each No for the new Act which commences to Morrow declares it to be sufficient to have one Witness to one Overt-act and another to another Overt-act Sir Will. Parkyns But it must be one Species of Treason J. Rookby That that I deliver'd my opinion in was that one Witness to one Overt Act and another to another Overt Act. of the same Species of Treason is good now and I am fully confirmed by this Act of Parliament which
commences in a day or two Let the Act be read L. Ch. Just Holt. A design to depose the King which is manifest by some Overt Act that is an Overt Act to prove the design of deposing the King for he that designs to depose him from his Kingly State and Dignity if that design be manifest that is an Overt Act for designing his Death Sir Will. Parkyns But it must be manifested it must not be by interpretation L. Ch. Just Holt. If that be proved if the next Overt Act be proved that you design the Kings deposition then it is apparent you design his Death Sir Will. Parkyns But they are different things L. Ch. Just Treby Sir Will. Parkyns we have seen a King deposed and yet alive it is very true and yet not the Success that always does it But whenever Persons agree together to bring in Foreign Forces and prepare Arms to meet them and make Insurrection against the King in possession this is reckoned an Overt Act by my Lord Chief Justice Hales and my Lord Cook and yet those Men are reckoned to be the most tender Men in these Cases And the reason is very plain Sir Will. Parkyns If your Lordship please let that be read L. Ch. Just Treby For any Act that has a natural tendency to the destruction of the King that is the expression of an internal thought of compassing and imagining his Death Providing of Arms and making an Insurrection against the King is an Overt Act and an agreeing to shoot him is an Overt Act. Sir Will. Parkyns I desire it may be read and I am satisfyed The new Act was then read J. Rookby I believe in a great Cause in Parliament my L. Stafford's Case it was declared for Law that one Witness to one Overt Act and another to another was declared sufficient in Law Sir Will. Parkyns I believe it has been done But yet if your Lordship please here is a beneficial Law which if your Lordship had pleased to put off my Tryal another day I might have had the benefit of J. Rookby It would have been the same thing as to an Overt Act for this is only indicative of the same Law in several particulars Sir Will. Parkyns No my Lord but I could have had Witnesses to have taken them off but here it turns upon the matter of Sweet and it is manifest he has spoken what cannot be true viz. that I had the Kings word for it J. Rookby If a Man write a Note to you that he will do a thing that might be said to be his word though by a Letter Sir Will. Parkyns If I had it from his own Mouth not else L. Ch. Just Holt. It is not impossible but you might speak with him Sir Will. Parkyns No It is impossible for can I speak from hence to France Mr. Charnock went over but I never went over J. Rookby If any man should have said the latter end of the last Month I believe there is an Assassination intended against K. William meerly because he had his Word for it we might say we had the King's Word for it that is a proper expression if it come by Letter or publick Fame L. Ch. Just Holt. He might send you word so by a Message Sir Will. Parkyns He manifestly contradicts himself backward and forward in his Evidence Captain Porter swears for to save his own Life and the other contradicts himself J. Rookby Captain Porter's Testimony has been sufficiently confirmed by the acknowledgment of dying Persons L. Ch. Just Holt. Sir William have you any more to say Sir Will. Parkyns No my Lord. Then the King 's Learned Counsel summ'd up the Evidence to this Effect Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel for the King in this matter and it is my turn to sum up the Evidence that has been given against the Prisoner at the Barr. He stands indicted for compassing and imagining the death of the King for designing to depose the King and by an Insurrection incouraging and abetting the King's Enemies and doing what he could to procure an Invasion upon his own Countrey Some of these Crimes run into one another designing the death of the King the Assassinating and deposing of the King amount to the very same thing it is compassing and imagining the death of the King My Lords the Judges have given you their Opinion in that point of Law and it is I think agreeable to all the resolutions since the making of that Statute I think this Statute made in the 25 Edw. 3. was explained in the time of his Successor Rich. 2d but I am sure in the time of Henry 4th when it was designed to set up Richard it was adjudged High-Treason for compassing and designing the death of the King For deposing of him was destroying him in his politick Capacity and Assassinating of him was to destroy him in his natural Capacity The design was to overthrow the present Government establish'd by Law whereby every Man injoys his own Property every Man injoys his own Freedom and those that will be quiet may have their own Liberty as well as at any time they ever had it But some People are very impatient they are not contented to have servitude themselves but would bring it upon their Fellow Subjects And it would not be very ill if those that be in love with it would go where they may fill their Bellies with it in another place where they may have it and not bring it upon those that would be very impatient under it as we all are and I hope shall always be To prove the Invasion we have Captain Porter and he tells you he had seen a Commission from the Late K. James all written with his own hand Sir Will. Parkyns I beg your pardon he does not say such a word I beg my Lord the Witnesses may be called L. Ch. Just Holt. If I remember right Mr. Porter said you had read the Commission and it was writ with K. James's own hand and he said it was because he could not trust his Ministers Sir Will. Parkyns No my Lord he said not so but all I said was that Scudmore was to take one Mr. Soll. Gen. Pray Mr. Porter give my Lord and the Jury an account what Sir Will. Parkyns told you Capt. Porter I askt Capt. Charnock if I might not see the Commission he told me he never saw it himself but that Sir William Parkyns had and that it was written with K. James's own Hand He said Sir Will. Parkyns said it was to raise War against the King's Person Mr. Soll. Gen. By whose Hand was it writ Capt. Porter With the King 's own Hand Mr. Soll. Gen. Did he give you any reason why it was written with his own Hand Capt. Porter Because he would not trust his Ministers Mr. Soll. Gen. I would not do Sir William wrong in any respect I well rember Mr. Charnock
told him he had seen it but I would not offer that as an Evidence against the Prisoner But Captain Porter says Sir William Parkyns said he had seen it and said it was written with King James's own Hand And Mr. Porter says they had meetings at several places and he names you the places where the Nags 's Head Tavern the Sun Tavern in the Strand the Globe Tavern in Hatton-Garden and particularly that it was agreed that Mr. King that was executed and Mr. Knightly and himself should go and view a place that was most proper for the Assassination and they were to come and give an account what place they thought most proper And that accordingly they did go to view a place and came home at Night and met at the Sun Tavern in the Strand and Sir William Parkyns was there and there they gave an account what place they had viewed that was proper and all agreed to it He says indeed that Sir William Parkyns was not to execute this design in Person but one Scudmore was to be a Man to be employed And Sir William Parkyns did say it was very necessary to be done for that it would facilitate the introduction of K. James There is likewise concurring Evidence with Captain Porter he says that Sir William Parkyns was to procure five Horses three for himself to mount Men upon two to lend Mr. Porter to mount Men upon and if there were further occasion for Horses he could procure them from one Mr. Lewis Gentleman to the Lord Feversham Accordingly we have produced you three Witnesses Freeman Tartle c. and they give you an account that upon Friday the day before the fixt day designed for the Assassination there did come three Horses to Town from Sir Will. Parkyns but the business being put off upon a disappointment they were sent out of Town again to return the Friday afterwards the day before the Discovery Then four Horses were brought to Town and a fifth Horse was borrowed of this Lewis a Roan Gelding Sir Will. Parkyns Pray Sir observe what sort of Horses they were what heighth Mr. Soll. Gen. They were about fourteen hands high Sir William so four were brought to Town and the fifth was brought from Somerset-House so that there were the five Horses Captain Porter speaks of three whereof were to be mounted by Sir William Parkyn's own Men the other two were to be lent to Captain Porter to mount his Men. And this is concurring Witness to Captain Porter's Evidence and it is very near two Witnesses to prove this Species of Treason And then Captain Porter goes further and he proves that Sir William told him that he had a Commission to raise a Regiment of Horse and that he was providing so to do Then we call Mr. Sweet and he gives you an account that he had been acquainted with Sir William Parkins for three Years past and that talking with him about the King his present Majesty and sometimes about K. James he says the King was to Land very speedily and that he had a Troop consisting of old Soldiers and several Voluntiers to follow him He said he was to take a Journey into Leicester-shire and accordingly he went And when he return'd he told him he found the West as well inclined as the North. And this is all the Evidence we produce from Mr. Sweet Then to prove he did go into Leicester-shire we produce his Servants that he did go accordingly and met with several Persons What was done there they cannot prove but they corroborate Mr. Sweet's Testimony that he did go and we have all the reason to believe he went upon that design that Mr. Sweet said he did Then as a further concurring Evidence that he was to raise a Regiment or a Troop whether a Troop or Regiment is not material here is the matter of his Arms. There were four Dozen of Swords found in his House thirty two Carbines and five and twenty Cases of Pistols these were hid in his Garden We have trac'd these Arms and find they were sent from his House to Mr. Heywood's But there he thought they did not lye very safe therefore Sir William Parkins sent for them very privately and they were brought back to his House and there they were buried The same Person says he saw them taken up afterwards so that they were one and the same Arms that he sent away and that were afterwards buried in his House So that this is a concurring Evidence with what Mr. Sweet says and with what Captain Porter says And these are three Witnesses to that Treason he had a Commission to prosecute Now against all this he makes but very small Objection For the matter of two Witnesses he has been over-ruled by the Court. For the Arms he says they were in his House and he found them there when he came there first But of this he has no manner of Evidence But if they had been there when he came how came he at this time to secret them Why might they not have been as publick now as before He might have kept them and given some Reason why he did so But when he gives no manner of Reason why he secreted them he gives you a just Suspicion that they were for that end for which the Witnesses say they were designed that is to Arm that number of Men he was to raise that were to be ready to assist King James when he came to Land here So that if you believe what the Witnesses have sworn I think with Submission you cannot but find him guilty of the Crimes for which he stands Indicted Mr. Cooper My Lord Sir William Parkins has given us a good Caution which I shall take care to observe that is not to strain either Fact or Law to his Prejudice But my Lord when a Crime of this nature is so far proved against the Prisoner as no Man can acquit him in his Judgment then I think it is good Service to the Publick to make it so plain as to be out of doubt to the Juries Conscience and Satisfaction of all that think themselves concern'd in this Crime and that it is worth their while to hear this Tryal My Lord Sir William Parkins his Indictment is divided into Two Parts one that accuses him for Assassination The other to invite the French into this Kingdom and to meet them with an Armed Force For the first part I must do him that right there is but one positive Evidence for his being concern'd in the Assassination But that Evidence says he agreed to it in several Meetings and in one that he said it was necessary in order to the other Design he was ingaged in and that it would facilitate the Descent of the late King James into this Kingdom But that one Evidence is confirmed by several concurring Circumstances By his sending for his Horses to Town the day before the first Saturday that the King was to be Assassinated By his sending
them out of Town upon that Disappointment and sending for them again before the second Saturday when the King was to be Assassinated By his having more Horses than usual and taking care of three Horses that were none of his own brought by a Person unknown And all these Eight Horses carried away that Saturday upon the Disappointment by the King 's not going as they hoped he would a Hunting And my Lord I must observe to you that upon the Message that was sent by Sir William Parkins one of those Horses was brought from Somerset-House and brought by Mr. Lewis who it is apparent was privy to this Design Besides this there is another Circumstance in the Evidence that has not been observed And that was the sending for Mr. Sweet up to Town before the second time that the King was to be Assassinated The first time he came up he was asked in what Condition he had left his Family how they were provided for And he said he had left them without Mony Sir William Parkins then chid him and said he might as well have staid at home And said he had once a Design to have used him in a Matter he had for him to do in Town but he had Compassion on his Family and therefore would not make use of him All these favour of that Design which Captain Porter positively accuses him for But as to the other part of the Indictment which is his Design to meet the French with an Armed Power that is sworn to by two Witnesses Captain Porter tells you he was at the two Consults where that was resolved upon the Old King's head Tavern in Leaden-Hall-street and at Mrs. Mountjoy's in James-street They all agreed to meet the late King with 2000 Horse when he was to Land with a Foreign Power and Sir William Parkins was with them And Mr. Sweet tells you Sir William acquainted him with the Design and said he had a Troop of old Soldiers My Troop in the Present Tense he spoke it He did himself that right to examine into that matter And the Evidence repeated it My Troop consists of all Old Soldiers and he was to have several Gentlemen Voluntiers that were to join him As to the Joining with the French the Raising of Rebellion in England and Deposing the King which is Killing him in his Politick Capacity two Witnesses go home to that And the Evidence as to that is corroborated by several strong Circumstances The Journey that Sir William Parkins said he would undertake into Leicester shire he did go He comes back in February and makes report to Mr. Sweet of the Success of that Journey That the King's Friends by which terms he meant the late King James's Friends were well affected That the King would Land That when he spoke of King William as sometimes he did he called him the Little Gentleman sometimes King William sometimes the Prince of Orange But whenever he spoke of the King by way of Execellency he always meant King James And when he spoke of the King 's Landing it could not be meant of King VVilliam as every body knows The Prisoner has said in his defence that the Man that was sent to Kensington was formerly Mr. Charnock's Servant and that Mr. Charnock desired him to let him go on a Message for him But yet my Lord I must observe that the Evidence swears positively that he was sent by Sir VVilliam Parkins and brought back the Message in his Almanack to the Person that lodged at the Confectioners to whom Sir VVilliam Parkins had directed him to resort to that Person that lodged at the Confectioners over against Grays-Inn Gate who did not remit him to Mr. Charnock but to Sir VVilliam Parkins to tell him that he would be at home till Sir VVilliam Parkins should be ready for him My Lord Sir VVilliam Parkins has complain'd that if he could have had time to get his Evidence he could have proved that these Arms had been at his House two Years and that he sound them at his House But if Sir VVilliam Parkins could prove that he had these Arms in his House two years and that he found them at his house we would confess and avoid it They were recommended by a Letter from Mr. Charnock a very suspicious Person in this matter to be disposed of and they were hid and lay conceal'd at Mr. Heywood's House till this design was disappointed and then carried to Sir VVilliam Parkins's House and were buried in his own Garden for the better securing of them And this on the breaking out of the Plot. Sir VVilliam says they were Rusty But now it appears they were clean and the Hilts off packt up together and all fit for use My Lord in the last place he has recourse to Arguments of Pity which is the most moving of all He has told us of his Age and Family and Education I am very unfit to answer such Arguments and unwilling to extinguish Pity But this we must answer That he did not Pity himself at that time when he might have done it And he should have had Pity upon his Country upon the Best of Kings and Men when they thought they had him in their Power But then they had no Pity on him for it is plain they persisted in their Resolution after one Disappointment they proceeded to a second and so their Design was frustrated My Lord This is the Sum of the Evidence and of his Defence as well as I could recollect it And though these Considerations may not quite extinguish your Pity yet we hope it will incline you to do the King and Kingdom Justice And this is all we shall ask of you Then the Lord Chief Justice Holt directed the Jury to this Effect L. C. Just Holt. Gentlemen of the Jury Sir VVilliam Parkins the Prisoner at the Bar is as you have heard Indicted for High-Treason that is for Compassing Imagining and Designing the Death of the present King There have been several Witnesses produced to make this evident upon his Indictment The first of them is Mr. Porter that has been a Witness heretofore against several upon the like Occasion And he gives you this Account That about the latter end of May or beginning of June last there was a Meeting of divers Persons at the Old Kings head Tavern in Leaden-Hall street in this City where they Dined together There was Sir VVilliam Parkins himself Sir John Femwick and divers others that he has mentioned to you At that Meeting they did Consult together which way the late K. James might be restor'd and it was thought very necessary that there should be a French Force sent over to act here in his behalf towards his Restoration And they did among themselves agree and determin what number might be convenient and did propose 10000 Men and that a Messenger should be sent over to K. James to endeavour to prevail with the French King to furnish him with such a number of
Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court has recorded it You say that Sir William Parkins is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods nor Chattels Lands nor Tenements at the time of the High-Treason committed or at any time since that you know of L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen The Court discharges you and thanks you for your Service L. C. J. Holt. Then we had best Adjourn the Court till five in the Evening Cl. of Arr. Cryer Make Proclamation Sir William Parkins My Lord if you please I desire I may have the liberty of Friends and Relations and a Minister to come to me and that they may be in private with me L. C. J. Holt. You shall have an Order of Court for the same Cryer Oyes Oyes Oyes 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 may depart from hence for this time and give their Attendance here again at five in the Evening and so God save the KING About Six of the Clock the Lord Mayor Mr. Common Serjant and several Justices of the City of London returned into Court and Proclamation being made for attendance the Prisoner was brought to the Bar. Cl. of Cr. Sir William Parkins Hold up thy Hand Thou standest Convicted of High-Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to Law Sir William Parkins I have nothing more to say Cl. of Cr. All manner of Persons are commanded to keep Silence while Judgment is giving upon pain of Imprisonment Then Sentence was Pronounced againct Sir John Friend and Sir William Parkins together Mr. Com. Serj. You the Prisoners at the Bar Sir John Friend and Sir William Parkins have been Indicted for High-treason in conspiring the Death of the King for Tryal thereof you have put your selves upon your Countrey which Countrey have found you Guilty The Crimes you are Convicted of are the greatest a Man can commit Murder and Robbery are Injuries but to private Persons But to contrive the Destruction of the King is letting in Ruin upon Thousands of People For Robbery and Murder there may be something pleaded for Justification as for private Revenge c. But to Set Conspire and Debate the Destruction of a Prince the best of Men the Father of his Countrey no Man ever had any colour of Excuse for that I would not add to your Unhappiness I am sorry for the severe Judgment that you have brought upon your selves All that remains for me to do is to Pronounce on you the Sentence And the Court doth award THat You and each of You be carried to the Place from whence you came and from thence be drawn on a Hardle to the Place of Execution and be there severally Hanged but cut down while you are alive that your Privy Members be cut off that your Bowels be taken out and burnt before your Faces that your Heads be sever'd from your Bodies and your Bodies be divided into four Quarters and your Quarters to be at the King's Disposal And the Lord have Mercy on your Souls Then the Court Adjourned to the 22d day of April FINIS A True Copy of the Papers delivered by Sir John Freind and Sir William Parkins to the Sheriffs of London and Middlesex at Tyburn the Place of Execution April the Third 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 do 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 mention'd 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 Lovalty 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 owned 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 increase 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 Hainous 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 PARKINS's 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 obliged 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 perswaded of the Justice of his Cause and looked upon it as my Duty both as a Subject and an English-man 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 Constitutions of my Country 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 William Parkins