had very convenient Notice Go on Mr. Hardesty to swear the Jury Cl. of Ar. Sir William Parkyns you the Prisoner at the Bar Those Men that you shall hear called and personally appear are to pass between our Sovereign Lord the King and you upon Tryal of your Life and Death if therefore you will challenge them or any of them you are to speak unto them as they come to the Book to be sworn and before they be sworn Parkyns I hope your Lordship will be of Counsel for me then L. C. J. Holt. So we will we will do you all the Right we can Look ye you know you may challenge 35 without Cause and as many as you will with Cause but no more than 35 without Cause Cl. of Ar. Sir Goddard Nelthrop Parkyns I accept against him Cl. of Ar. Leonard Hancock Esq Parkyns I except against him he is the King's Servant Cl. of Ar. William Withers Esq Parkyns I challenge him Cl. of Ar. Samuel Powel Esq Parkyns I challenge him Cl. of Ar. William Northey Esq Parkyns Well I don't except against him Cl. of Ar. Hold Mr. Northey a Book which was done Look upon the Prisoner You shall well and truly try and true Deliverance make between our Sovereign Lord the King and the Prisoner at the Bar whom you shall have in Charge according to your Evidence so help you God Cl. of Ar. Thomas Trench Parkyns I challenge him Cl. of Ar. John Wolfe Parkyns I challenge him Cl. of Ar. James Boddington Parkyns I challenge him Cl. of Ar. John Smith Parkyns I challenge him Cl. of Ar. Edward Gould Parkyns I have no Exception against him he was sworn Cl. of Ar. John Raymond Parkyns I challenge him Cl. of Ar. Daniel Thomas Parkyns I have no Exception against him he was Sworn Cl. of Ar. Isaac Hâ—neywood Parkyns I challenge him Cl. of Ar. William Underwood Parkyns I challenge him Cl. of Ar. Arthur Bayley Parkyns I challenge him Cl. of Ar. Nehemiah Erming Parkyns I challenge him Cl. of Ar. John Webber Parkyns I challenge him Cl. of Ar. John Cane Parkyns I have no Exception to him Mr. At. Gen. We challenge him for the King Cl. of Ar. Thomas Glover Parkyns I challenge him Cl. of Ar. Henry Witchcott Parkyns I have no Objection against him he was Sworn Cl. of Ar. Timothy Thornbury Parkyns I challenge him Cl. of Ar. Dormer Shepprad Parkyns I challenge him Cl. of Ar. John Temple Parkyns I challenge him Cl. of Ar. Nathaniel Gold Parkyns I have no Exception against him Mr. Gold My Lord I am no Freeholder in this County Mr. Baker Nor have you no Copyhold Sir Mr. Gold Yes Sir I have Mr. At. Gen. However let him be set by Cl. of Ar. Robert Breedon Parkyns I challenge him Cl. of Ar. Thomas Taylor Parkyns I challenge him he is the King's Servant Cl. of Ar. Joseph Blissett Parkyns I challenge him Cl. of Ar. John Billier Parkyns I challenge him Cl. of Ar. Francis Chapman Parkyns I challenge him Cl. of Ar. John Cleeve Parkyns I challenge him Cl. of Ar. Robert Bamptom Parkyns I have no exception to him He was Sworn Cl. of Ar. William Atlee Parkyns I challenge him Cl. of Ar. Thomas Sutton Parkyns I have no Exception to him he was Sworn Cl. of Ar. Thomas Edlin Parkyns I have no Exception against him he was Sworn Cl. of Ar. Robert Sanderson Parkyns I have no Exception against him he was Sworn Cl. of Ar. Ralph Marsh Parkyns I have no Exception against him he was Sworn Cl. of Ar. Richard Bealing Parkyns Pray Mr. Hardistey how many have I Challeng'd Mr. Hardistey I will tell you presently Sir You have Challeng'd 25. Parkyns But there are two that I gave reason for Do you put them in among them that is Mr. Hancock and Mr. Taylor as the King's Servants Cl. of Ar. You may speak to my Lord about it but if that be allow'd then there are but twenty three Parkyns Well Sir Go on then Cl. of Ar. Richard Bealeing Parkyns I challenge him Cl. of Ar. William Partridge Parkyns I challenge him Cl. of Ar. Nicholas Roberts Parkyns I challenge him Cl. of Ar. Peter Lavigne Parkyns I challenge him Cl. of Ar. Joseph Whiston Parkyns I have no Exception to him he was Sworn Cl. of Ar. Andrew Cook Parkyns I challenge him Cl. of Ar. Samuel Hooper Parkyns I challenge him Cl. of Ar. Thomas Heames Parkyns I have no Exception to him he was Sworn L. C. J. Holt. Sir William Parkyns you have Challenged two and have assign'd the Cause of your Challenge that is Hancock and another and the reason of your Challenge is because they are the King's Servants I am to acquaint you that is no cause of Challenge but however the King's Counsel do not intend to insist upon it if there are enough besides They are willing to go on with the Pannel and I speak this because I would not have it go for a President nor have it understood that the Cause you assign is a good Cause but however they will not stand with you if there be enough to serve Parkyns My Lord I submit to it the Jury is full I think Cl. of Ar. No there are but Eleven sworn yet Parkyns But how far have I gone in my Challenges Cl. of Ar. There are four which you may Challenge more Parkyns There are two allow'd me tho' it be not a Precedent Are there four still Cl. of Ar. Yes you may Challenge four more and no more Edward Townsend Parkyns I challenge him Cl. of Ar. Nicholas Rufford Parkyns I have no Exception against him he was Sworn Cl. of Ar. Cryes Countez William Northey Cryer One c. and so the rest till the Twelfth Cl. of Ar. Nicholas Rufford Cryer Twelve good Men and true stand together and hear your Evidence Cl. of Ar. Cryer make Proclamation Cryer Oyez If any one can inform my Lords the King's Justices the King's Serjeant the King's Attorney General of this Inquest now to be taken of the High-Treason whereof the Prisoner at the Bar stands indicted let them come forth and they shall be heard for now the Prisoner stands at the Bar upon his Deliverance and all others that are bound by Recognizance to give Evidence against the Prisoner at the Bar let them come forth and give their Evidence or else they forfeit their Recognizance And all Jurymen of Middlesex that have appeared and are not Sworn may depart the Court. The Names of the Twelve Sworn were these Jur. William Northey Esq Edward Gold Esq Daniel Thomas Esq Henry Whitchot Esq Robert Bampton Gent. Thomas Sutton Gent. Thomas Edling Gent. Robert Sanderson Gent. Ralph Marsh Gent. John Whiston Gent. Thomas Heams Gent. and Nicholas Rufford Gent. C. L. of Ar. Sir William Parkyns hold up thy Hand which he did You that are sworn look upon the Prisoner and hearken to his Cause he stands Indicted by the Name of Sir William Parkyns late of the Parish of St. Paul
April the 10th 1696. I Do Appoint Samuel Heyrick and Isaac Cleve to Print the Tryal of Sir William Parkins Knight and Order that no other Person presume to Print the same I. Holt. The Arraignment TRYAL AND CONDEMNATION OF Sir William Parkins K nt For the Most Horrid and Barbarous CONSPIRACY To Assassinate His Most Sacred MAJESTY KING WILLIAM And for Raising of Forces in order to a REBELLION And Encouraging a French INVASION Into this KINGDOM Who was found Guilty of HIGH-TREASON March 24. 1695 6. At the Sessions-House in the Old-Baily TOGETHER With a true Copy of the PAPERS delivered by Sir William Parkins and Sir John Friend to the Sheriffs of London and Middlesex at the time of their Execution LONDON Printed for Samuel Heyrick at Grays-Inn Gate in Holbourn and Isaac Cleve at Serjeants-Inn Gate in Chancery-Lane 1696. Die Martis Vicesimo quarto Martij Anno Dom. 1695. Anno Regni Regis Willielmi Tertij Septimo This Day the Trial of Sir William Parkyns came on at the Sessions-House in the Old-Baily for High-Treason in Conspiring the Death of the King and Promoting a French Invasion for the Restoring the late King James Cl. of Arr. CRyer make Proclamation Cryer Oyez Oyez Oyez All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex and were Adjourned over to this day Draw near and give your attendance for now they will proceed to the Pleas of the Crown for the same City and County and God save the King Cl. of Arr. Middlesex Cryer Make proclamation Cryer Oyez You good men of the County of Middlesex summoned to appear here this day to try between our Sovereign Lord the King and the Prisoner that shall be at the Bar answer to your names as you shall be called every man at the first Call upon pain and peril shall fall thereupon Then the Jury that were Returned in the Pannel were all called over and the Appearances of those who answered to the Call were recorded About Ten of the Clock the Judges to wit the Lord Chief Justice Holt the Lord Chief Justice Treby and Mr. Justice Rokeby came into the Court. Cl of Arr. Set Sir William Parkyns to the Bar which was done Sir William Parkyns Hold up thy Hand Parkyns My Lord if you please I humbly beg the favour of one word before I am Arraigned My Wife coming to see me in my Distress sent up a Trunk of Linnen for our use and the Sheriffs of London have seized it and do detain it It has Linnen in it and all her necessary things and all things have been torn from me since I was Apprehended but what is there I have nothing to subsist upon but what is there for no Money can I get from any body no body will pay us a farthing Mr. Sh. Buckingham My Lord We were sent for to Mr. Secretary Trumball's Office and when we came there there was a Trunk that had been seized as belonging to Sir William Parkyns and when we came thither it was opened and there was in it some Houshold Linnen and some Plate and Mr. Secretary Trumball was pleased after having searched the Trunk to Seal it up and Deliver it to my Brother and me to be kept and this is all we know of it L. C. J. Holt. Where was this Trunk Seized Mr. Sh. Buckingham We found it in the Secretaries Office and it was Delivered to us there and we gave a Receipt for it to bring it down again when called for we did not Seize it L. C. J. Holt Look ye see Sir William Parkyns your Trunk was Seized I suppose in order to search for Papers Parkyns Yes I believe it was but I hope it shall be Delivered back now they have found nothing in it and I have nothing else to subsist upon but what is there L. C. J. Holt. Is there any Plate there What is there in the Trunk Mr. Sh. Buckingham There is some Diaper and Damask Linnen a Carpet and some pieces of Plate two or three hundred Ounces of Plate for ought I know We had it from the Secretaries Office we did not seize it Then the Judges consulted among themselves L. C. J. Holt. He ought to have his Plate to sell to support him that he may have Bread Parkyns Will Your Lordship please to direct the Sheriff to deliver it back L. C. J. Holt. Well some care or other shall be taken in it Parkyns My Lord I have nothing to subsist upon unless I can make something of what is there I have a Wife and four Children and nothing to subsist upon L. C. Just Holt. Let your Wife make application for it at the Secretary's it cannot now be done here Why did you not make complaint of it before If you had care had been taken in it Parkyns I was told there was a Petition for my Lord I was a close Prisoner and they told me there was a Petition but my Wife never mentioned any thing of it to me while afterwards and they talk'd of an Order of Council that they had for the Sheriff's seizing it but when I came to inquire into it there was no Order about it but only to search and examine it L. C. Just Holt. Well some order shall be taken about it Mr. Sh. Buckingham My Lord we have given a Receipt to the Secretary for it L. C. Just Holt. But he must have wherewithal to subsist and buy him Bread while he is in Prison Mr. Sh. Buckingham My Lord I see Mr. Burleigh there who was Sir John Friend's Sollicitor I would humbly move your Lordship that it may be enquired into how he came by the Pannel of the Jury Yesterday for it seems to reflect upon us as if we had given the Prisoner a wrong Pannel Mr. J. Rokeby No I think there can be no Reflection upon you but I think it would be very proper to have the matter examined L. C. Just Holt. Aye let Burleigh come in Which he did Pray how came you by that Pannel which you gave to Sir John Friend Burleigh My Lord I had Three several Copies sent me by Sir John Freind 's Friends to the Horn Tavern about three or four a clock and I delivered one of them to Sir John Freind but he had one before I delivered mine L. C. Just Holt. Who sent them to you or brought them to you Burleigh I had them brought to me by a Porter Mr. Baker You know you might have had it from the proper Officer for asking Burleigh I had them brought me from Sir John Friend's Friends L. C. J. Holt. Can you tell who had it from the Sheriff Burleigh My Lord I know not I had Three Copies sent me in a quarter of an hours time whence they came I know not the Sheriff knows me and every body else
and he would not go out of Town in the Morning but he would go in the Afternoon and it will appear that he did not go out of Town that Day nor the next Day nor till Monday and then the Design had miscarried by the King 's not going abroad a Saturday and the Horses were carried back and when he went out of Town upon Monday one Holmes went along with him and he went with him to his house in Hartfordshire and there he staid until Fryday after which was the Day before the next time that was appointed for the Execution of the Assassination And upon the Fryday they came up again and then there were more Horses 4 or 5 that were brought up that Day and all of them with Pistolls and Jack Bootes and other Furniture and Accoutriments for Troopers and these came to the George Inn where Sir Wil. Parkins gave his man Eubank perticuler Orders to be very early the next Morning at Kensington that was the 22d and he was to go as he told him to one Brown that he said was Concern'd in the Kings Kitchin and Liv'd 2 Doors off the Gate that turns up to the Kings house and he was to tell him he was Sir W. Parkins's servant but that he came from a man that Lodg'd at a Confectioners house over against Grays Inn in which place by the Description of the person you will find Sir Geo. Barclay lodged The man went accordingly at 8 a Clock in the Morning to Kensington and inquir'd out this Brown and met with him and told him he was Sir W. Parkins's servant but came from the Gentleman that Lodg'd at the Confectioners in Holbourn Brown said he had nothing to say to him but bid him give him his Almanack and he writ in it that he wou'd be in Town in 2 hours himself and wait upon him And bid him carry that to the man that lodg'd at the Confectioners and this Brown by the Circumstances of the whole must probably be one of the Orderly men who lodg'd at Kensington to give notice when the King and the Gurds went out Sir Wil. Parkins's servant came back to the Confectioners house and there he met with a man that went by the name of Rogers he 'll tell you he was a Scotch man for he spoke broad Scotch and he 'll give you a particular Description of the man by which I believe it will appear that it was Sir Geo. Barclay Sir Wil. Parkins's servant after he had Deliver'd his Messuage to this Rogers came back to his Master and told him he had done his Errand according as he was order'd and Sir Wil. Parkins ask't him what Rogers said and he told him that he bid him tell his Master if he wou'd come to him he wou'd be ready at home for him This was upon Saturday Morning the 22d of February About 11 a Clock that day Sir Wil. Parkins and this Lewis that we spoke of before came to the George Inn and there Sir Wil. Parkins ask't his servant whether he had receiv'd any more then 2 Sadles for there were 2 Sadles sent in thither according to an order that hath been given to furnish two other Horses that stood their at the George Inn and which Sir W. Parkings told his Groom belonged to two Friends of his and bid him besure to take care of them and to see them well fed and order'd 2 Sadles to be bought for them Lewis said he did think they had more then two but you will see by the Evidence that this same Lewis had provided 30 Sadles for Sir Wi. Parkins but there seem'd to be a Controversy between them and that time how many had really been sent in and Lewis affirm'd there was 24 but Sir W. Perkins said I have had but 22 of the 30 yet for I have but 2 brought in here and I had 20 before This you will hear fully prov'd and I think it is Impossible for any body to believe but that all this preparation of Sadles Pistols Boots and other things must Convince any body of the Prisoners being so far Ingaged in this Design that he can never Answer it without giving you a very good Account what this preparation was for Gentlemen a great part of this will be prov'd to you by one that Acted in it as a servant to Sir W. Parkins that is as to the comming up of the Horses Jack Bootes Pistols and other Arms at that time and that when on the last Saturday it was Disappointed all the Horses not only those Sir W. Parkins brought but the other two went away in a great Hurry and Confusion and nothing was ever heard of them more and that will be prov'd by the Servants in the very Inn. Gentlemen I have now open'd to you the nature and state of the Evidence we will call our Witnesses and make it out very undeniably and Substantially and therefore I will not give you any further trouble Mr. Sol. Gen. Call Mr. Porter who was Sworn Mr. Porter pray will you give the Court and the Jury an Account of the meeting at the Kings Head in Leaden hall street and who was there and what Resolutions and Agrements they came to Capt. Porter About the latter end of May last or the begining of June there were two meetings had the one was at the Kings Head in Leaden hall street the other was at Mr. Mountjoyes near Sir John Fenwicks At the First meeting there was my Lord of Aylesbury my Lord Montgomery Sir J. Friend Sir W. Parkins the prisoner at the Barr Sir J. Fenwick Capt. Chernock Mr. Cook and my self Mr. Goodman came in after Dinner and there we Consulted which was the best way for King James's coming in and we all Resolv'd to send a Messenger to him to to Invite him over and to desire him to Interpose with the French King for the Getting 10000 men to come over with him 8000 Foot 1000 Horse and 1000 Dragoons It was then Consider'd who shou'd be sent and all the Company agreed Mr. Chernock was the properest person Says Mr. Chernock if you send me pray tell me what Errant I shall go upon We did likewise then agree that he should assure the King if He would come over at such a time we would meet Him with a body of 2000 Horse Mr. Att. Gen. Did Chernock undertake to go upon that Message Cap. P. Yes he Did and to propose this matter to Him that He might propose it to the French King for the getting of the men Mr. Sol. Gen. Before you go away I Desire to ask of you one thing Did Sir Wil. Parkins the Prisoner at the Bar agree to the Message Capt. P. Yes he Did. Mr. Sol. Gen. Had you any other meeting about this business and when was it and who was there Capt. P. My Lord Capt. Chernock said at first he would not go of a foolish Message and thereupon we all agreed to be at the head of 2000 men to meet
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
it was insinuated to my Disadvantage I forgive such as were therein instrumental And I do also from the very bottom of my Soul freely forgive and beg of God to do so too such as were any ways accessary towards the taking away my Life which I really look upon to be their Misfortune more than mine I profess my self and I thank God I am so a Member of the Church of England though God knows a most unworthy and unprofitable part of it of that Church which suffers so much at present for a strict Adherence to Loyalty the Laws and Christian Principles For this I Suffer and for this I Dye Though I have a perfect Charity for People of all Professions and do heartily wish well and would endeavour so to do to all my Fellow-Subjects of what Persuasions soever And indeed I have met with a great deal of Uprightness and Sincerity among some People of very different Opinions in Religious Matters And I hope and desire it may not be taken as an uncharitable Censure or undue Reflection that I objected to the Legality of Popish Evidence being advised so to do for my better Security upon the Foundation of a Statute-Law Having own'd my self a Member of the Church of England I must take this opportunity and I do it for God's Glory to apply my self to you that are Royalists of that Church and of the same Faith and Principles with my self And I beg of you for God's sake and the love of your Souls to be very constant and serious in all Religious Offices and holy Duties of Divine Worship and Service which I have too much neglected as I own to my great Sorrow Let no Excuse no Dangers prevent or hinder you in these most necessary and serious Matters and be I beseech you very careful and circumspect in all your Actions Behaviour and Conversation as I earnestly exhorted all that came to me I have I thank God a great deal of Satisfaction in my present Sufferings and have found it so ever since I have been under them And blessed be God it doth continually encrease upon me And I do now lay down my Life with all Chearfulness and Resignation in sure and certain Hope of a Resurrection to Eternal Life through our Lord Jesus Christ through whose Merits alone I hope for the Pardon of my Sins and the Salvation of my Soul And so O Lord into thy Hands I commend my Spirit for thou hast redeemed me O Lord thou God of Truth And I do heartily and humbly beseech Thee Almighty God and my most Gracious Father to forgive and bless this Sinful Nation deliver it from the Guilt of Rebellion Blood and Perjury that is now on all sides more than ever and from all those other heinous Sins which cry aloud Preserve and bless this Church Comfort our distressed King Restore him to his Right and his Misled Subjects to their Allegiance Bless also his Royal Consort our Gracious Queen Mary his Royal Highness the Prince of Wales that he may grow in Stature and in Favour with God and Man Support and strengthen all those that suffer in any kind for a good Cause Give them Patience under all their Afflictions and a happy Deliverance out of them Forgive all mine Enemies Pardon my former Neglect and Remissness in Religious Worship and Holy Duties and all the Sins I have been Guilty of to this very Moment Consider my Contrition Accept my Tears and now Thou art pleased to take me hence take me into thy Favour and Grant that my Soul may be without Spot presented unto Thee through the Merits of thy most dearly beloved Son Jesus Christ our Lord. Amen John Freind Sir WILLIAM PARKYNSs Paper IT hath not been my custom to use many Words and I shall not be long upon this Occasion having Business of much greater Consequence to employ my Thoughts upon I thank God I am now in a full Disposition to Charity and therefore shall make no Complaints either of the Hardships of my Trial or any other Rigours put upon me However one Circumstance I think my self oblig'd to mention it was sworn against me by Mr. Porter That I had own'd to him that I had Seen and Read a Commission from the King to Levy War upon the Person of the Prince of Orange Now I must declare That the Tenour of the King's Commission which I saw was general and directed to all His Loving Subjects to Raise and Levy War against the Prince of Orange and his Adherents and to Seize all Forts Castles c. Which I suppose may be a customary Form of giving Authority to make War but I must confess I am not much acquainted with Matters of that Nature But as for any Commission particularly levelled against the Person of the Prince of Orange I neither saw nor heard of any such It 's true I was privy to the Design upon the Prince but was not to act in it and am fully satisfied that very few or none knew of it but those who undertook to do it I freely acknowledge and think it for my Honour to say That I was entirely in the Interest of the King being always firmly persuaded of the Justice of his Cause and lookt upon it as my Duty both as a Subject and an Englishman to assist him in the Recovery of his Throne which I believed him to be deprived of contrary to all Right and Justice taking the Laws and Constitution of my Countrey for my Guide As for my Religion I dye in the Communion of the Church of England in which I was Educated And as I freely forgive all the World so whoever I may any ways have injured I heartily ask them Pardon Apr. 3. 1696. William Parkyns And on Friday the Third of April the said Sir William Parkins and Sir John Friend were Executed at Tyburn according to the Sentence FINIS The Tryals of Charnock King and Keys and of Sir John Friend for High Treason are Published by the Order of the Lord Chief Justice Holt and Printed for Samuel Heyrick at Grays-Inn-Gate in Holbourn and Isaac Cleave at the Star next to Serjeants-Inn in Chancery-Lane
Mr. Sh. Buckingham I do know you and would have you be fair in your Practice Mr. Baker The Enquiry is made because a false Copy is put upon him you might have had a true Copy if you had applied your self right Burleigh I sent to Mr. Farringdon for it L. C. Just Holt. The Sheriff delivered it the Secondary who is the proper Officer Mr. J. Rokeby Sir John Friend said he had it from him yesterday Burleigh But he had one before how he came by it I can't tell nor whence those came that were brought to me Mr. J. Rokeby If you will not take care to go to the right place it is no body's fault but your own if you suffer by it Burleigh I was with my Lady and delivered a Petition for this Trunk L. C. Just Holt. But it seems it was under the Conuzance of the Secretary and direction was given to go thither some care or other must be taken in it and shall but go on now to Arraign the Prisoner Cl. of Arr. Hold up thy hand which he did Thou standest Indicted in Middlesex by the name of Sir William Parkyns late of the Parish of St. Paul Covent Garden in the County of Middlesex Kt. for that whereas an open and notoriously publick and most sharp and cruel War for a long time hath been and yet is by Sea and by Land had carried on and prosecuted by Lewis the French King against the most Serene most Illustrious and most Excellent Prince our Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. During all which time the said Lewis the French King and his Subjects were and yet are Enemies of our said Lord the King that now is and his Subjects You the said Sir William Parkyns a Subject of our said Sovereign Lord the King that now is of this Kingdom of England well knowing the Premises not having the fear of God in your Heart nor weighing the Duty of your Allegiance but being moved and seduced by the Instigation of the Devil as a false Traytor against the said most Serene most Clement and most Excellent Prince our said Sovereign Lord William the Third now King of England c. your Supreme True Natural Rightful Lawful and Undoubted Sovereign Lord the cordial Love and true and due Obedience Fidelity and Allegiance which every Subject of our said Lord the King that now is towards him our said Lord the King should bear and of right ought to bear withdrawing and utterly to extinguish intending and contriving and with all your strength purposing designing and endeavouring the Government of this Kingdom of England under him our said Lord the King that now is of Right duly happily and very well Established altogether to Subvert Change and Alter as also the same our Sovereign Lord the King to Death and final Destruction to put and bring and his Faithful Subjects and the Freemen of this Kingdom of England into intolerable and most miserable Slavery to the aforesaid French King to Subdue and bring the first day of July in the Seventh year of the Reign of our said Sovereign Lord the King that now is and divers other days and times as well before as after at the Parish of St. Paul Covent-Garden aforesaid in the County aforesaid falsly maliciously devilishly and traiterously did compass imagine contrive purpose design and intend our said Sovereign Lord the King that now is then your Supreme True Natural Rightful and Lawful Sovereign Lord of and from the Regal State Title Honour Power Crown Command and Government of this Kingdom of England to Depose cast Down and utterly to Deprive and the same our Sovereign Lord the King to Kill Slay and Murther and the aforesaid Lewis the French King by his Armies Soldiers Legions and Subjects this Kingdom of England to Invade Fight with Conquer and Subdue to move stir up procure and aid and a miserable slaughter among the Faithful Subjects of our said Lord the King throughout all this whole Kingdom of England to make and cause and that you the said Sir William Parkyns to the aforesaid Enemies of our said Lord the King that now is then and there during the War aforesaid Traiterously were adhering and aiding and the same most abominable wicked and devilish Treasons and traiterous compassings contrivances intentions and purposes of yours aforesaid to fulfil perfect and bring to effect and in prosecution performance and execution of the traiterous adhesion aforesaid you the said Sir William Parkyns as such a false Traytor during the War aforesaid to wit the same first day of June in the year abovesaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County falsly maliciously advisedly secretly and traiterously and with Force and Arms with one Robert Chernock late of High-Treason in contriving and conspiring the Death of our said Sovereign Lord the King that now is duly convicted and attainted and with divers other false Traytors to the Jurors unknown did meet propose treat consult consent and agree to procure from the aforesaid Lewis the French King of his Subjects Forces and Soldiers then and yet Enemies of our said Lord the King that now is great numbers of Soldiers and Armed men this Kingdom of England to Invade and Fight with and to levy procure and prepare great numbers of Armed men and Troops and Legions against our said Sovereign Lord the King that now is to rise up and be formed and with those Enemies at and upon such their Invasion and Entrance into this Kingdom of England to join and unite Rebellion and War against him our said Sovereign Lord the King within this Kingdom of England to make levy and wage and the same our Sovereign Lord the King so as aforesaid to Depose and him to Kill and Murder And further with the said false Traytors the same first day of July in the year abovesaid at the Parish aforesaid in the County aforesaid Traiterously you did consult consent and agree to send the aforesaid Robert Chernock as a Messenger from you the said Sir William Parkyns and the same other Traytors unknown as far as and into the Kingdom of France in parts beyond the Seas to James the Second late King of England to propose to him and desire of him to obtain of the aforesaid French King the Soldiers and Armed men aforesaid for the Invasion aforesaid to be made and Intelligence and Notice of such their Traiterous Intentions and Adhesions and all the Premises to the said late King James and the said other Enemies and their Adherents to give and exhibit and them to inform of other things particulars and circumstances thereunto relating as also Intelligence from them of the said intended Invasion and other things and circumstances concerning the Premises to receive and them to you the said Sir William Parkyns and the
said other Traytors in this Kingdom of England to signify report and declare in Assistance Animation and Aid of the said Enemies of our said Sovereign Lord the King that now is in the War aforesaid and to stir up and procure those Enemies the more readily and boldly this Kingdom of England to Invade the Treasons and Traytorous Contrivances Compassings Imaginations and Purposes of you the said Sir William Parkyns aforesaid to perfect and fulfil and all the Premises the sooner to execute manage and perform and the Invasion aforesaid to render and make the more easy you the said Sir William Parkyns afterwards to wit the 10th day of February in the year abovsaid at the Parish aforesaid in the County aforesaid and divers other days and times as well before as after there and elsewhere in the same County Falsly Maliciously Advisedly Secretly Traiterously and with Force and Arms with the aforesaid Robert Chernock and very many other false Traytors to the Jurors unknown did Meet Propose Treat Consult Consent and Agree him our said Sovereign Lord the King that now is by lying in wait and deceit to Assassinate Kiill and Murder and that execrable abominable and detestable Assassination and Killing the sooner to execute and perpetrate afterwards to wit the same day and year there Traiterously you did Treat Propose and Consult with those Traytors of the Ways Methods and Means and the Time and Place where when which way and how our said Sovereign Lord the King so by lying in wait the sooner might be Killed and Slain and did Consent Agree and Assent with the same Traytors that Forty Horsemen or thereabouts of those Traytors and others by them and you the said Sir William Parkyns to be Hired Procured and Paid with Guns Carbines and Pistols with Gun-Powder and Leaden-Bullets Charged and with Swords Rapiers and other Weapons Armed should lie in wait and be in Ambush our said Lord the King in his Coach being when he should go abroad to Attack and that a certain and competent number of those Men so Armed should set upon the Guards of our said Lord the King then and there attending him and being with him and should Over-power and Fight with them whilst others of the same Men so Armed him our said Lord the King should Kill Slay and Murder and that you the said Sir William Parkyns then and there did take upon you to provide Five Horses for those Men which should so kill and murder our said Sovereign Lord the King And also that you the said Sir William Parkyns your Treasons and all your Trayterous Intentions Designs and Contrivances aforesaid to execute perpetrate fulfil and bring to effect afterwards to wit the Day and Year last abovesaid at the Parish aforesaid in the County aforesaid Divers Horses and very many Arms Guns Carbines Rapiers and Swords and other Weapons Ammunition and Warlike Things and Military Instruments falsly maliciously secretly and Trayterously did obtain buy gather and procure and to be bought obtained gathered and procured did cause and in your Custody had and detained with that Intention them in and about the detestable abominable and execrable Assassination Kiliing and Murder of our said Lord the King and the Invasion aforesaid as aforesaid to use employ and bestow and also your Treasons and all your Traiterous Intentions Purposes and Contrivances aforesaid to execute perpetrate fulfil and fully bring to effect you the said Sir William Parkyns afterwards to wit the day and year last abovesaid at the Parish aforesaid in the County aforesaid Falsly Malitiously Advisedly Secretly and Traiterously divers Soldiers and Men Armed and ready to be Armed after the said detestable abominable and execrable Assassination Killing and Murder of our said Sovereign Lord the King so as aforesaid should be done perpetrated and committed to Rise and Muster and War and Rebellion within this Kingdom of England to make and wage and with the Enemies of our said Lord the King Foreigners and Strangers Subjects and Soldiers of the said Lewis the French King being about to Invade this Kingdom of England at and upon their Invasion and Entrance into this same Kingdom then expected to be shortly made themselves together with you the said William Parkyns to Join and Unite and into Troops and Legions to form you did Levy List and Retain and did procure to be Levied Listed and Retained and those Soldiers and Men for the Treasons Intentions and Purposes aforesaid then and there and afterwards in Readiness you had Against the Duty of Your Allegiance and against the Peace of our said Sovereign Lord the King that now is His Grown and Dignity As also against the Form of the Statute in this Case made and provided How say'st thou Sir William Parkyns Art thou Guilty of this High-Treason whereof thou standest Indicted or Not Guilty Parkyns Not Guilty Cl. of Arr. Culpritt How wilt thou be Tryed Parkyns By God and my Country Cl. of Arr. God send thee good Deliverance Parkyns My Lord If your Lordship pleases to favour me with a Word or two L. C. Just Holt. Aye What say you Sir Parkyns My Lord I have been kept in hard Prison ever since I was Committed no Body has been suffer'd to come to me till Fryday last then my Counsel came to me and being charg'd with many Facts as I see in this Indictment it will be necessary to have divers Witnesses to clear my self of these Particulars they are dispers'd up and down and I have had no time to look after them and therefore I beg your Lordship to put off my Tryal till another Day L. C. J. Holt. When had you first notice of your Tryal Parkyns The first Notice of my Tryal was on Wednesday last in the Afternoon L. C. J. Holt. That is a sufficient time of Notice sure you might have provided your Witnesses and prepar'd for it by this Time Parkyns But my Lord being kept so close Prisoner I had no Opportunity for it for it was not possible for me to get any Body to come to me till Friday Noon not so much as my Counsel and then there was but Two Days Saturday and Monday for Sunday is no Day for any Business and it is impossible for me to be ready in the Manner that I ought to be It is a perfect Distress and Hardship upon me to be put so soon upon my Tryal without my Witnesses and what should enable me to make my Defence therefore I humbly intreat your Lordship to put it off till another Day L. C. J. Holt. What Witness do you want Sir William Parkyns I have divers Witnesses my Lord that can give an Account where I was from Time to Time but they are many of them out of Town and I have sent about every way but cannot get them together in so short a Time L. C. J. Holt. When had he Notice of his Tryal Mr. Baker On Wednesday I told him that he must expect to be try'd this Day and withal that if
he would name me any Counsel that he would have come to him he should have an Order next Morning for them L. C. J. Holt. You were told it seems on Wednesday that you might have what Counsel you would Mr. Baker And he had an Order upon Thursday Morning for his Counsel Parkyns I could not have it without Application to the Court at White Hall and could have no body come to me till Thursday and it was Fryday before I could get my Counsel to me L. C. J. Holt. You might have sent for your Witnesses on Thursday and imploy'd some body about that Matter then Parkyns The Solicitor that I employ'd was imployed otherways and I could not employ any body else L. C. J. Holt. Yes you might have employed any other about that Business Parkyns I had no body to send I was kept close and no body permitted to come to me L. C. J. Holt. Your Solicitor you desir'd had Leave to come to you Mr. Baker You know that those you sent for you had an Order for Parkyns I cou'd not get him till Thursday to me I had no Messengers to send till then Mr. Baker I gave the Keeper Direction to let him have Persons come to him to send on any Errand L. C. J. Holt. The Keeper had Orders it seems to let any Messenger come to you and he would have help'd you to some body to send of this Errand to be sure Keeper I always did it as soon as I know they have Notice of their Tryal Parkyns But the Keeper is not always in the Way and besides when I had Notice given me of my Tryal it was Execution Day and he was not at home that Day L. C. J. Holt. He names no Witnesses only he says he has divers Witnesses neither is there any Oath made of any Witnesses Pray how long is it since you were Committed Parkyns I was Committed this Day Fortnight L. C. J. Holt. Your Commitment charg'd you with High Treason and therefore you knew what you stood accus'd of were you not committed for High Treason Parkyns Yes my Lord I believe I was Mr. Sol. Gen. My Lord he had a very fair Time to prepare for his Defence for he saw his Name in the Proclamation a good while before he was taken and there it is declar'd what he stands charg'd with L. C. J. Holt. You might have had a Copy of your Commitment you had a Right to have it and thereby you might have seen what you were accused of Keeper We never do deny it if it be demanded L. C. J. Holt. You cannot deny it you know what Penalty you are under if you do Parkyns No body was permitted to come to me L. C. J. Holt. You might have ask'd for a Copy or any body else for you had Notice of your Tryal so long ago as Wednesday last Mr. Baker I gave him Notice of his Tryal on Wednesday and then told him he must prepare for it against this Day he said he would endeavour to Petition for a longer Time I told him it would be in Vain for he must prepare for his Tryal to Day and could have no longer Time L. C. J. Holt. Sir William truly we do not see any Reason to put off the Tryal upon these Suggestions Parkyns My Lord it is very hard then I humbly beg I may have the Favour that I may have Counsel allow'd me I have no skill in Indictments L. C. J. Holt. We cannont allow Counsel Parkyns My Lord if I have no Counsel I do not understand these Matters nor what Advantage may be Proper for me to take in these Cases L. J. Holt. You are not ignorant Sir William that Counsel has been always refused when desired in such Cases Parkyns My Lord there is a new Act of Parliament that is lately made which allows Counsel L. C. J. Holt. But that does not commence yet Sir William Parkyns My Lord it wants but one Day L. C. J. Holt. That is as much as if it were a much longer time for we are to proceed according to what the Law is and not what it will be Parkyns But it is declarative of the Common Law because it says it was always just and reasonable L. C. J. Holt. We cannot alter the Law till Law-makers do it Parkyns Will your Lordship be pleased to let it be read L. C. J. Holt. Aye if you have a Mind to it it shall be read Parkyns Yes if your Lordship pleases L. C. J. Holt. Read it Cl. of Ar. Reads An Act for Regulating of Tryals in Cases of Treason and Misprision of Treason All the first Paragraph of the New Act was read L. C. J. Holt. Look ye Sir William Parkyns this Law has not taken any Effect as yet but the Law stands as it did before the making of this Act. Parkyns But My Lord the Law says it's just and reasonable that it should be so L. C. J. Holt. We go according to the Law as we find it is Parkyns And My Lord what is just and reasonable to Morrow sure is just and reasonable to Day and your Lordship may indulge me in this Case especially when you see how streight Notice I have had and what a little time has been allowed me that I am not able to make my defence L C. J Holt. We cannot make a Law we must go according to the Law that must be our Rule and Direction Parkyns Yes my Lord but what is just and reasonable sure is Law the Law is grounded upon Reason L. C. J. Holt. The Parliament has thought fit to make such a Law which is to commence from the 25th of this Month It is not a Law till the time comes that the Parliament hath appointed for its being a Law Parkyns But my Lord if my Notice had been a convenient Notice I had been within the time limited by the Act of Parliament and no one can want the Advantage of that Act from henceforward nor suffer for such want but my self which is a particular Hardship upon me L. C. J. Holt. We cannot alter the Law we are bound by our Oaths to proceed according to the Law as it is at present Parkyns Pray my Lord let the Tryal be put off till another Day then L. C. J. Holt. You shew no reason for it you name no Witnesses that you want nor have we any Oath as we ought to have in such a Case Parkyns I will do both if your Lordship will oblige me to it L. C. J. Holt. There ought to be an Oath certainly but we think you have had fair and convenient Notice For you have had as much Notice as Sir John Friend had who was tryed Yesterday Parkyns As I am informed he was charged with single Facts about the Town but I am charged with many particular Things more than he was L. C. J. Holt. The Act of Parliament says nothing of Notice of Tryal that still continues as it was before and you have
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
King James at His Landing and every one should bring his Quota M. Att. Gen. When was the Second meeting and where was it and who were there and what was agreed upon Capt. P. The second meeting was at Mrs. Mountjoys where Capt. Chernock desir'd us once more to meet before he went away to know whether we kept to our First Resolution and we did agree to what was Resolv'd upon at First and he said he would go in two or three Days time Mr. Att. Gen. Did the Company agree to it then Capt. P. Yes they Did Sir all that meet at that time Mr. Sol. Gen. Pray name them over again who they were Capt. P. Sir Wil. Parkins was actually there and my Lord of Aylesbury and Sir J. Friend and Capt. Chernock Mr. Cook and my self I cannot tell whether my Lord Montgomery was there or Mr. Goodman Mr. Att. Gen. Pray when did you see Capt. Chernock or speak with him after that Capt. P. It was when I was in Prison about the Riot and he told me he had been there but there would be nothing done in that matter at Present for King James said the French King could not then spare so many men tho he thankt us for Our Kind offer And he said he had been with my Lord of Aylesbury Sir W. Parkins and the several other people of Quality which he did not name and had carryed them the particular Messages that he had in Command from the King to carry to them Mr. Att. Gen. Now pray tell us what you Know about the Design of Assassinating the King and what hand the Prisoner at the Bar was to have in it Capt. P. About some weeks before I heard of the Assassination I came to Lodg in the house in Norfolk street where Capt. Chernock Lodg'd and where Sir W. Parkins Lodg'd when he came to Town Most commonly we us'd to go in the Evening to the Tavern or Drink a Bottle of Wine at our own Lodgings and one Morning I ask'd Mr. Chernock if I should see him at Night he said he was Ingag'd in private Company for that Night and he could not go with me to the Tavern For says he there are some Gentlemen that are lately come from France and there is something to be done for the Kings service If there be so says I pray let me be concern'd says he they are but newly come and they will see no body else but me at present A little after I fell sick of a fit of the Gout and Mr. Chernock came to Visit me and we fell into Discourse and I ask'd him about those Gentlemen that were come from France what they came about he told me it was Sir G. Barclay that came from France and several other Officers with him and that he had a Commission from the late King James to Levy War against the Person of King William or the Prince of Orange as I think it was named in the Commission L. C. J. H. Who told you this Capt. P. It was Capt. Chernock He desir'd to Know how many men I could bring I desir'd a little time to Consider but I said there would be a great many that would Joyn if the King landed whom I did not think fit to Trust with a thing of this nature before hand Some few Days after Capt. Chernock came into my Chamber and brought Sir G. Barclay and Major Holmes that said he was come from France and there we had little more but a General discourse But a Little after that I got well of the Gout and we had several meetings at several Places at the Globe Tavern in Hatton-Garden at the Naggs head in Covent Garden and at the Sun in the Strand where Sir Wil. Parkins was always present And there we Did consult of the best ways to Assassinat the King as he came from Richmond after Hunting Sir G. Barclay said he had receiv'd 800 l. from King James's Secretary towards the buying of Horses and furnishing both Horses and Men for the Expedition and it was Consider'd of how many men it would be necessary to bring The number agreed upon was about 40 of which Sir G. Barclay was to provide 20 I promised to bring 7 or 8 Sir Wil. Parkins Ingaged to bring 5 wherof 3 should be mounted with his own Men and the other 2 my Men were to mount upon Mr. Att. Gen. Do you know the names of those People that he was to mount Capt. P. I never had the names my self Mr. Att. Gen. Well what was Done after these Consultations Capt. P. I ask Capt. Chernock one time if I might not see the Commission that King James had given he said he had never seen it himself but Sir W. Parkyns had I askt Sir W. Parkyns one Evening as we were smoaking a Pipe by the Fire side whether he had seen the Commission he said he had and that because King James would not trust any of his Ministers it was written and Sign'd with the Kings own Hand Mr. Att. Gen. Pray did he tell you what it was for Capt. P. He said it was for Raising and Levying War upon the Person of the King but I do not know whether he call'd him King William or the Prince of Orange but I suppose it was the Prince of Orange Mr. Att. Gen. Pray then give us an Account of your going to view the Ground where it was most Convenient to do the business Capt. P. There were several propositions about the Place where it was to be done one was to be on the other side of the Water by Ambuscade in Richmond Park the other was to be on this side of the Water after the King was Landed Sir G. Barclay was for that that was upon the other side of the Water I thought that would take up too much time to go over thither that it was better to be done on this side but because there was Difference of Opinions It was Resolved upon that some body should be appointed to view the Ground and I was appointed for one Mr. Knightly for another and Mr. King would needs go with us for a Third and we three did go We lay all Night at Knights bridge and the next Day went and view'd the Grounds on both sides the River and came back that Evening to the Naggs head according to appointment where was Sir W. Parkyns the Prisoner and Sir G. Barclay and Mr. Chernock and we gave an account that we had view'd both the Places And upon our Report it was Resolv'd that it should be done on this side the Water In the Lane between Brentford and Turnham Green Mr. Att. Gen. Are you sure Sir W. Parkyns the Prisoner at the Bar was there at that meeting at the Naggs head Capt. P. Yes he was Mr. Att. Gen. Did he agree to that Resolution Capt. P. It was in General agreed by all that was there Mr. Att. Gen. Pray Capt. Porter then give us an Account of the Days that were
fixt for the Execution of this Design Capt. P. There was Saturday the 15th and Saturday the 22d because Saturday was the Day the King us'd to go a Hunting and Shooting Mr. Att. Gen. Were there any men at Kensington to give you notice when the King went abroad Capt. P. There were two men that had a Lodging at Kensington the one was one Chambers who belong'd to Capt. Chernock and the other was a Fleming one Durance who came over with Sir George Barclay and he went every Day and thrust himself among the Guards to bring Intelligence Mr. Sol. Gen. What was the reason the Design was not executed Capt. P. The first Day Durance brought notice in the Morning that the Guards were gone abroad and afterwards there came notice that the King would not go abroad that Day for which reason we Adjourn'd it to the next Saturday Mr. Att. Gen. What was the Method you was to take in the Execution Capt. P. The method agreed upon was this there was one Rookwood that came from France upon this Expedition he was to Command one party and Capt. Chernock and my self were to Command another Party to attack the Guards and Sir George Barclay was to have 4 men out of each party to attack the Coack while we Attack'd the Guards Mr. Att. Gen. Well you say the First Day you was Disappointed by the Kings not going when was the next meeting Capt P. The next meeting was upon Fryday the day before the 22d I was sick all the Week and I do not know whether I lay a Bed all the Week or no but upon Fryday they met and it was at the Sun Tavern in the Strand There was none but Sir G. Barclay Capt. Chernock Sir W. Parkyns and my self Mr. Att. Gen. What Discourse was there then Capt. P. Sir G. Barclay came in and said he was afraid the thing was Discover'd I told him I fancyed not for if it had we should not have been in that house at that time Then says he let us go on and try another day Sir W. Parkyns was ask'd if his Horses were come to Town he said they were come to Town that Night Said I I have had a misfortune with my Horses two of them are fallen Lame and and won't be fit for service Says he if I had known that I could have brought more Horses out of the Country But says he I will send to Mr. Lewis who was Gentleman of the Horse to my Lord Feversham and I believe he can help us to more Horses he will be with me to Morrow morning and I le get a Note from him for two more In the Morning I sent to him and he sent me a Note for two Horses to mount my men and he sent me word Mr Lewis could help me to 2 or 3 others that they were all 3 Sadled and one was Accoutred with Holsters and Pistolls but the other 2 had only Sadles I did not see Sir W. Parkyns on Saturday the 22d but I met some of my friends who were to go along with me upon this Enterprise and we had first notice that the Guards were gone abroad and that the King would go at which all were very glad But when we had notice that the King did not go we were afraid the thing was Discover'd and I went out of Town and I did not see any of them afterwards till they were taken M. Att. Gen. Pray Capt. Porter have you ever heard any thing from Sir W. Parkyns of his having a Commission from King James Capt. P. I had heard Capt. Chernock ask Sir W. Parkyns why he did not go along with us in this Expedition he said he did not go because he could not go Mr. Att. Gen. Was he not to be one of the Number that was to Act in the Assassination Capt. P. No he said he had other Business to do he had a Regiment to look after L. C. J. H. How many Horses had you from Lewis Capt. P. I had never a one only Sir W. Parkyns sent me word if I wanted I might have 3 for I had told him I would not send for them till I heard whither the King went abroad and then I had notice that the King did not go Mr. Att. Gen. Had you a Note for them Capt. P. Not for those 3 Horses but Cranburn said he had a Note for 2 Horses Parkyns Did he say he had a Note from me Capt. P. No I don't say so Sir W. Cranburn told me he had a Note whither to go for them L. C. J. H. Will you ask him any Questions Sir William Parkyns No my Lord. Juryman My Lord I desire he may be ask't whither at any of those meetings there was any Discourse of the Assassination before Sir W. Parkyns L. C. J. H. What say you to that Capt. Porter Capt. P. Yes he was at all the meetings and Consultations Juryman Pray my Lord I desire to know whither Sir W. Parkyns Discoursed of it himself and what he did say about it Capt. P. I cannot say exactly what he did say in particular only he agreed to it and was to furnish 5 Horses for it and said it was necessary to be done for it wou'd bring the King in more easily Tho he could not Personally ingage in it himself because he had other business he was to look after his Regiment Mr. Sol. Gen. If Sir W. Parkyns will ask Capt. Porter no Questions we will go on to our next Witness which is one Abraham Sweet whom Mr. Attorney mentioned He was brought in and Sworn Mr. Sol. Gen. Mr. Sweet Will you give the Court and Jury an Account what Sir Wil. Parkyns said to you about King James's Landing Mr. Att. Gen. Pray will you give an Account what Discourse you had with Sir W. Parkyns the Prisoner at the Bar about King James's Returning and Landing with French Forces Sweet Sir W. Parkyns did tell me that he did expect King James's Landing and he said his own Troop was Composed of Old Soldiers M. At. Gen. How long have you known Sir W. Parkyns Sweet This 3 Years Mr. Att. Gen. Pray tell the time when this Discourse was about what time was it Sweet This was since Christmas about Christmas last Mr. Att. Gen. Where was it that you had this Discourse Sweet It was about his own House L. C. J. Holt. What Discourse Sweet We were talking about King Jame's coming L. C. J. Holt. Who told you that King James was coming Sweet Sir William Parkyns Mr. Att. Gen. What did he say Sweet He said he had bought a great many Saddles Thirty Saddles and that his own Troop was composed of all old Soldiers Mr. Att. Gen. Did he tell you of any assurance that he had of King James's landing Sweet Yes he said he had the Kings Word for it Mr. Att. Gen. Was there any discourse between you about any Journey that Sir William was to take Sweet Yes he did tell me he was to go
into Leicestershire and was to meet several Gentlemen in Leicestershire and he did go and after he came back again he said he had met his Friends and all was well and that the West was as much inclin'd to King James's Interest as the North and that a Lords Brother was concern'd Mr. Att. Gen. What other discourse had you about this matter Sweet Nothing else as to particulars that I can remember Mr. Att. Gen. What Orders had you to come up to Town in February and when and from whom Sweet Sir Will. Parkyns sent for me and he sent me a Letter about the 11th of February that I should come to him the next day and I did come the next day Mr. Att. Gen. Whether did you come Where did you find him Sweet At his Lodgings in Norfolk-street at the House where Mr. Charnock lodg'd and after I had spoken with Sir William Parkyns about the Letter which he had sent me to come up he told me that the Business that he had design'd for me he did not think fit I should do because of my Family Mr. Att. Gen. Pray what directions had you from him what you were to do when you came into the Countrey Sweet When I went into the Country he order'd me to go to his House and send up three of the strongest Horses Mr. Att. Gen. When was this do you say Sweet It was in February Mr. Att. Gen. What time in February Sweet The Eleventh or Twelfth which was Wednesday and at my going away he told me if I had not a Letter from him the Friday following I should come to Town again I did come to Town again and then he ask'd me if I had made Provision for my Family I told him no then he ask'd me why I came up to Town he told me I might go into the Country again on the morrow morning L. C. J. Holt. What did he tell you Sweet He said I might go back again into the Country I came upon the Saturday morning to him Mr. Att. Gen. Pray what day was that Saturday Sweet I believe it was the 13th or 14th of February Mr. Att. Gen. You say Wednesday was the 12th Sweet Yes I believe Wednesday was the 12th and I came to Town the Friday after that 12th that was the 14th and on the Saturday I went home again Mr. Att. Gen. You say you came to him on the Saturday morning what pass'd betwen you then Sweet I went the next morning to Sir Will. Parkyns's Lodgings but he was gone out and had left word that I must come again about Eleven of the Clock I did go about that time and he was not come in and there I met one Mr. Chambers and one Mr. Lee whom I had seen there the Night before Mr. Att. Gen. And what Discourse had you then with them Sweet We had little Discourse for I had only seen them the Night before but I think Chambers told me he had been at Kensington and I desired to know what News there and he told me William kept as close as a Fox and he shew'd me his Wounds and he said those Wounds wanted Revenge Mr. Att. Gen. Where did he say he receiv'd those Wounds Sweet At the Boyne Mr. Soll. Gen. Pray Mr. Sweet did he tell you for what use his Troop was Sweet He did not tell me positively but I understood it to be to joyn King James when he landed Mr. Soll. Gen. Pray Sir where did you dine that Saturday Sweet With Sir Will. Parkyns and Mr. Charnock and Chambers and one or two more that I did not know Mr. Att. Gen. Will you ask him any Questions Sir William Parkyns Did I tell you Mr. Sweet that I had a Troop of Horse Sweet I will tell you your own words and no other you said Your own Troop was compos'd of old Soldiers L. C. J. Holt. Pray let me ask you one Question How many Horses were you to bid the Man to bring up to Town Sweet Three My Lord. Mr. Att. Gen. And were they not his strongest Horses Sweet Yes My Lord they were Mr. Att. Gen. Did he say any thing to you about Voluntiers Sweet Yes he said there were some Gentlemen that were Captains and old Officers that would be Voluntiers under him Parkyns Pray Sir where were these words spoken Sweet Either in your own House or in the Garden I can't tell directly which but some where about your House it was Parkyns Where is that House Sweet In Hertfordshire Parkyns Then I am in your Lordships Judgment whether words spoken in Hertfordshire can be an Evidence of a Treason acted here in Middlesex L. C. J. Holt. Sir Will. Parkyns if there be a Design to kill the King and there are several Overt-Acts to prove that Design and one is in one County and another is in another County the Party may be indicted in either of the Counties and Evidence may be given of both those Overt-Acts tho in several Counties It is true you being indicted in Middlesex makes it necessary that some Evidence should be given of some things done in Middlesex as there is as your meeting at Mr. Mountjoyes and at the Nags Head in Covent-Garden and the Sun in the Strand where were several Consults which are Overt-Acts of the same Treason and if Treason be â—â—mmitted in several Counties the Party may be indicted in any one and the Evidence may be givâ—â—â—f Facts done in all Parkyns Then Mr. Sweet you do not say that I had raised a Troop o◠〈◊〉 raise a Troop Sweet I told you your own words that your Troop was made u◠〈◊〉 Soldiers L. C. J. Holt. But yet I must tell you further Sir Will. Parkyns if I remember right there is Evidence given of a Discourse you had in Norfolk-street where you lodg'd and that is in Middlesex Parkyns My Lord I did not observe that he said any thing of me about Norfolk-street Mr. Att. Gen. Yes this is what he says You told him you had thought of a Business for him but you would not engage him in it because of his Family Parkyns Pray Mr. Sweet Did I tell you any thing what you were to do Sweet No Sir you did not Parkyns I hope the Jury will take notice of that I did not tell him any thing that he was to do L. C. J. Holt. Well that was no great matter VVill you ask him any more Questions Sir Parkyns No My Lord. Mr. Soll. Gen. Then our next VVitness is James Eubank Who was Sworn Mr. Att. Gen. Do you know Sir Will. Parkyns Eubank Yes he is my Master Mr. Att. Gen. VVhat Servant were you to him Eubank I was Groom to him Mr. Att. Gen. How long have you been his Groom Eubank Not a Twelve-month yet Mr. Att. Gen. Pray first give an account what Journey you took with him Eubank I went into Leicestershire with him Mr. Att. Gen. Pray tell us what you know of that matter Eubank Yes my Lord. VVe went from our
must be a mistake because my Master said he had but 22 for he reckon'd he had more there should be 24 in all Mr. Att. Gen. Did he say so or Sir William Perkins Eubank It was Mr. Lewis that said there were 24 to the best of my remembrance Mr. Att. Gen. VVhere were they sent Eubank Indeed I know not I never saw any of them but those two Mr. Att. Gen. VVho delivered those two to you Eubank My Master Sir William Parkyns Mr. Att. Gen. VVho were those Saddles for Eubank They were for two Gentlemens Horses that were there Mr. Att. Gen. VVhose Horses were they Eubank They were not my Master's but they stood at that place Mr. Att. Gen. Did your Master ever speak to you about them to look after them Eubank He said if at any time I was there I should see that the Ostler gave them their Corn. Mr. Att. Gen. VVere they your Master's Horses or not Eubank Not that I know of Mr. Att. Gen. VVhat time did you go out of Town Eubank I went out of Town with them about four a clock in the Afternoon Mr. Att. Gen. VVhen did you hear from your Master after that Eubank Upon Monday I had a Letter from him Mr. Att. Gen. VVhat was that Letter for Eubank It was to go to my Master's House in Warwickshire to one Richard Evans that was his servant to whom he sent a Letter Mr. Att. Gen. VVhat were the Contents of that Letter Eubank I did not see what they were it was sealed Mr. Att. Gen. Did you carry that Letter to Evans Eubank Yes I did Mr. Att. Gen. VVhat time did you come thither Eubank I came there a Tuesday at 4 a clock Mr. Att. Gen. VVhat did Evans and you do after you had read the Letter Eubank VVe went to fetch some Boxes that my Master had ordered Evans to fetch home It was about two Miles or more from home at a Tradesmans Mr. Att. Gen. VVhat was his Name was it Haywood Eubank Yes I think it was something like that Name Mr. Att. Gen. Did you go with Evans to fetch the Boxes from thence Eubank They had a man that drove the Team to fetch them Mr. Att. Gen. VVere they carried in a Team then Eubank Yes they were Mr. Att. Gen VVere you there when the Goods were brought back Eubank Yes I was at my Master's house Mr. Att. Gen. VVhat did they do with them Eubank They buried them in the Garden Sir Mr. Att. Gen. VVhat in the Boxes Eubank Yes Sir Mr. Att. Gen How many Boxes was there Eubank Five or six I think I know not what was in them Mr. Att. Gen. You help'd to bury them did you not Eubank No but I was there I saw them buried Mr. Att. Gen. Did Evans tell you what they were Eubank Evans told me they were choice Goods Mr. Att Gen. Evans told you so did he Eubank Yes L. C. J. H. VVhat time of the day or night were they fetch'd home Eubank They went away about 4 a clock in the Afternoon L. C. J. H. How far is it from Sir William Parkyns's house to Haywoods Eubank I think about 3 or 4 miles I cant tell how far exactly L. C. J. H. VVhat time did they return Eubank About 10 or 11 a clock at night Juryman My Lord I understand he says they buried them immediately was he there and did he help to bury them Eubank No I did not help to bury them but I saw Earth put upon them Mr. Att. Gen. Pray Eubank let me ask you one Question the Person that lay at the Confectioner's did you observe whether he had a lame Arm or no Eubank No I did not take notice of any such thing Mr. Sol. Gen. Will Sir William Parkyns ask him any Questions L. C. J. Holt. What say you Sir William Will you ask him any Questions Parkins You say one Holmes went out of Town with me pray give an account what Holmes that is Eubank It is Fat Mr. Holmes if it please your Honour he lives at the Golden Key in Holbourn Parkyns My Lord I observe this to distinguish it that it was not as Mr. Attorney open'd it Major Holmes that is in the Proclamation it was one that us'd to be at my House frequently he was at my House all the Summer Mr. Att. Gen. Well you did well to ask him that Question to explain it L. C. J. Holt. Will you ask him any more Questions Park No my Lord. Mr. Sol. Gen. Then our next Witness is one Thomas Hipwell Who was sworn Mr. Att. Gen. Where do you live Hipwell At _____ in Warwickshire Mr. Att. Gen. With whom do you live Hipw I live of my self Sir Mr. Att. Gen. Do you know of any Goods that were carry'd from Mr. Heywood's House to Sir William Parkyns's House Hipwell I came from Litchfield Fair upon Ash-Wednesday where I had been to carry Goods for my Master Mr. Att. Gen. Did not you say you lived of your self I ask'd you before who you lived with Who is your Master Hipwell Mr. Heywood Mr. Att. Gen. You said before you had no Master Hipwell That is when he pleases to imploy me I work for him Mr. Att. Gen. Pray tell what you carry'd from Haywood's House and who came for them Hipwell There were to the best of my remembrance either seven or eight Boxes Mr. Att. Gen. Who came for them Hipwell There was one of Sir William Parkyns men one Richard Evans that was his Servant and one Wetstone that was Tenant to Sir William Mr. Att. Gen. Well how did they come and what did they do Hipwell They brought a Waggon and two Mares Mr. Att. Gen. About what time was it Hipwell It was about Nine or Ten a Clock at Night when they went away Mr. Att. Gen. What Orders had you from your Master Hipwell It was near upon seven a Clock when the Waggon came and my Master wish'd me to go to borrow a Mare of _____ at _____ I did so and I brought the Mare I had borrowed with me home Mr. Att. Gen. What was that Mare borrowed for Hipw I know not Mr. Att. Gen. What use was she put to afterwards What did you see more Hipwell Why before the Team came about a quarter of an hour before to fetch these Goods my Master told me that Sir William Parkyns's men were to come to fetch some Bedding and other Goods what they were he knew not and he order'd me when they knock'd at the Gate to let them in and I did so Mr. Att. Gen. Well Friend did they carry away any Goods and what were they Hipwell They were in Boxes at first in three Boxes and then Sir William Parkyns's Servant did knock off the outside Lining which was a Deal Board and he drew the Nails and took out of two Boxes three Boxes apiece and two out of another to the best of my remembrance I think there were eight but I am not sure whether there were seven or eight Mr.
Att. Gen. Did they carry them away that Night Hipwell Yes Sir William Parkyns's Man Richard and the Tenant carried them to the Waggon and I lighted them down with a Lanthorn according to my Masters Order Mr. Att. Gen. When what Day was this Hipwell It was Ash Wednesday at Night Mr. Att. Gen Then set up Mr. Haywood Who was sworn before Pray give my Lord an account when Sir William Parkyns's Goods were brought to your House who brought them and what Directions were given about the careful keeping of them Haywood My Lord about Michaelmas last Sir William Parkyns's Man came to me with a Letter from one Mr. Charnock and the effect of the Letter was to desire the favour of me to lodge some Goods of Sir William Parkyns at my House for he was taking his Servants from his House and he was loath to leave his Goods in an empty House and he desired me to let them lye at my House which I did Mr. Att. Gen. How were they put up Haywood I think in three Chests pretty big Chests nail'd up and rack'd and there was a Bed and Bedding and a piece of Tapestry or two Mr. Att. Gen. Pray did that Letter come from Mr. Charnock Haywood Yes Evans Sir VVilliam Parkyns Man brought it me Mr. Att. Gen. Pray Sir how are you related to that Mr. Charnock what a Kin is he to you Haywood I married his Sister L. C. J. H. You took the Goods into your Custody upon that Letter from Charnock Haywood Yes my Lord I did Mr. Att. Gen. Pray will you give an account whether you were in Town before this Discovery and had any Discourse with Mr. Charnock or Sir William Parkyns about these Goods When did you see Mr. Charnock afterwards Haywood I came up to London the 16th day and I was in London the 17th 18th and 19th I think those three days and I went to see Mr. Charnock at his Lodgings but I was hardly with him a quarter of an hour I told him Sir William Parkyns had sent some Goods to my House and I desired to know when he would fetch them away Says he I can't say when I shall see him again Said I I shall have some business at the Temple and I will meet you at the Temple Coffee House Says he I will meet and bring Sir William Parkyns with you if you can said I he came about 8 or 9 a Clock on Tuesday morning says he Sir William Parkyns is at my Lodgings just a going out of Town and would desire to see you So I went up and Sir William Parkyns was ready to go out of Town I told him I had some Goods of his at my House and I desired to know how he would dispose of them what he would do with them He would take them away he said the first opportunity or that effect L. C. J. Holt. When was this what month Haywood It was in February last L. C. J. H. What Day Haywood I think it might be about the 18th day L. C. J. H. It was you that desired to have them taken away it seems was it not Haywood I ask'd him when he would take them away or what he would do with them L. C. J. H. And what Answer did he make Haywood He said he would take them away the first opportunity as soon as he could dispose of them or that effect Mr. Att. Gen. Now when you came home tell us who came for those Goods and when Haywood I think it was upon a Shrove-Tuesday that I came home and my Wife said Sir William Parkyns had sent for his Goods and desired to have them away but that she had made answer I was not at home but should be at home soon and then he might have them away The next day I came home from Litchfield Fair about 5 or 6 a Clock at Night it was Ash-Wednesday at Night when I came home and the man came to me between 6 and 7 and told me his Master desired to have the Goods away I told him he might have them when he would he said he would have them away that Night I told him it was an unseasonable time But says he the Waggon is a coming and I desire you would give me leave to take them away which I did Then he said he had but two Horses and he desired me to lend him a Horse which I did and he took the Goods and went away with them but for what he did afterwards with it I know nothing at all of it Mr. Sol. Gen. Then swear Mr. Whestone which was done Mr. Att. Gen. Pray Sir do you give an account when you went with Evans to Haywood's House and what happened VVhestone His Man came to me Mr. Att. Gen. Whose Man VVhetstone Sir William Parkyns his Man to desire me to go Mr. Haywood's to fetch some Goods of Sir William Parkyns some Bedding and some odd things which I did and said he I will go the next way to the House and I will meet you before you can get thither and he did meet me half a mile off the House and told me I must stay and not come to the House till it was night till it was later L. C. J. Holt. Who told you so Whetstone Sir VVilliam Parkyns's Man told me so so he went forwards to the Gate and then came back and called me to come in then we went to the House and loaded the Waggon with Boxes and Bedding that was there Mr. Att. Gen. How many Boxes were there VVhetstone I cannot tell whether there were seven or eight Mr. A. Gen. Whither did you carry them VVhetstone We carried them to Sir William Parkyns's House M. Att. Gen. What was done with them Whetstone There they were put into the Ground by the Wall side where they were found Mr. Att. Gen. Why was you present when they were found Whetstone Yes I saw them dugg up M. Att. Gen. Then you can give us an account of them what were they Whetstone They were Arms. Mr. Att. Gen. How many were there what quantity Whetstone Truly I cannot tell Mr. Baker Where is the Constable Thomas Watts Watts Here am I. he was sworn Mr. Att. Gen. Are you the Constable Watts Yes Sir I am the Constable and searcht Sir W. Parkyns house and upon searching in the Garden I found some Arms there Mr. Att. Gen. Pray what Quantity of Arms did you find there Watts 4 dozen of Swords 32 Carbines 25 brace of Pistols Mr. Att. Gen. What kind of Swords were they Watts They were broad swords two-edged swords Mr. Att. Gen. Were there any Hilts to the swords Watts No but there was a box of Hilts that I suppose was prepared for them Mr. Att. Gen. Where did you find them Watts In a border under the wall by the wall-side Juryman Did you see the Boxes broke open Sir Watts Yes Sir I took them and broke them open my own self Juryman Was Whetstone by pray Sir when they were
broke open Watts He was not there by at the first when we dug them up but I brought them to my own house and there I broke them open and there he saw them Mr. Att. Gen. Will you ask him any Questions Sir William Parkyns No Sir Mr. Sol. Gen. Then call Turton Freeman Fielding who were all sworn Mr. Att. Gen. Pray set up Mr. Freeman which was done Mr. Att. Gen. Where do yo live Freeman At the George-Inn in Holborn Mr. Att. Gen. What are you Freeman I am Hostler there Mr. Att. Gen. Pray do you give an account what Horses were kept there of Sir W. Parkyns and how many Freeman He was a Guest to the house all this last Summer sometimes more sometimes less Mr. Att. Gen. How was it last Winter about February last how many Horses had he then Freeman He had sometimes 3 came in sometimes 4 the most that ever he had was five Mr. Att. Gen. What time was that that he had five pray Freeman To my best memory it was just the Week before the Disturbance before the Plot broke out Mr. Att. Gen. Before the Proclamation you mean Freeman Yes before the Proclamation Mr. Att. Gen. When was it what day of the week was it Freeman They came in on Friday night L. C. J. Holt. What did five come in then Freeeman Yes I think so L. C. J. Holt. Who was with him Freeman I only saw his Groom and another servant Mr. Att. Gen. How were they accoutred Freeman Four with Holsters and small Pistols one was a Led Mare with a Portmanteau and in a Horsecloath wrapt up there was one or two pair of Jack Boots and I think a Coller in one I cannot tell whether there was one Bridle or two Mr. Att. Gen. When did they go away Freeman On Saturday in the Afternoon Mr. Att. Gen. Did you observe any Persons to come there on Saturday morning Freeman There were two men that were there that rid out between two and three hours they rid out between Nine and Ten and they came in again between Twelve and One where they had been I cannot tell but they had rid pretty hard for the time they were out for the Horses came in in a sweat Mr. Att. Gen. Before this time that you now speak of what Horses came up can you remember how many Horses came up the week before Freeman The week before there were some but how many I cannot remember they very rarely staid above a Night Mr Att. Gen. What do you know of any other Horses that were left there Freeman There were three Horses that were at our house a week that were very good Horses but I do not know whose Horses they were nor the names of the Gentlemen that owned them The Gentlemen that brought them in paid for the Horses only the Groom told me his Master Sir W. Parkyns had ordered him to see the Horses fed I never received a farthing of Sir W. Parkyns but always of the Groom Mr. Att. Gen. Pray did you observe any particular Horse that was brought in there a Roan Horse Freeman Yes there was one Horse brought in Mr. Att. Gen. From whence did that Horse come Freeman As was told me from Montague house Mr. Att. Gen. I believe you mistake the Place recollect your self a little Freeman Somerset house I mean a Porter brought it Mr. Att. Gen. Are you sure it was Somerset house Freeman Yes it was Mr. Att. Gen. Do you know one Lewis Freeman I do not know him perhaps the Tapster does L. C. J. Holt. How many Horses came from Somerset house Freeman Only the Roan Gelding and a very fat Man mounted him and rid out with Sir W. Parkyns Parkyns Pray Sir what sort of Horse was that Bay Gelding that you say the fat man rid upon Freeman I say he rid upon a little Roan Gelding about 14 hands high Parkyns But the Bay Gelding how high was that Freeman About 14 hands high Parkyns There 's your mighty Horse for Service Freeman They were no great sized Horses none of them Parkyns And have not you known these Horses to have been mine a great while Freeman Yes I have known them to be yours a good while L. C. J. Holt. What was the Roan Gelding Sir W. Parkyns Freeman No not the Roan but the others they were no strange Horses they were frequently there all last Summer there was no new strange Horse but the Roan L. C. J. Holt. Will you ask him any more Questions Parkyns No my Lord. Mr. Soll. Gen. Then set up Mr. Turton which was done Mr. Att. Gen. Pray will you give an Account what you know of Horses that were standing at the George-Inn in Holbourn Turton I have known Sir W. Parkyns to have used the Inn this 4 or 5 Years ever since the Inn was Built and in last February he came to Town with three horses the first time Mr. Att. Gen. What Day of the month was that Turton I cannot say what Day of the month but it was about the VVeek before his last coming there which was just before the discovery of the Plot. Mr. Att. Gen. Do you know what day of the VVeek it was Turton No truly I do not for I keep no account of Horses going in or out The last time of his coming was with about 4 or 5 Horses to the best of my knowledge and that was upon the Friday before the Plot broke out and then upon that Friday Sir W. Parkyns gave order to his Groom to get the Horses ready against Saturday morning Mr. Att. Gen. Did he go out with his Horses on Saturday morning Turton He did not go out with all the Horses according as he had given order but two Gentlemen rid out with two of the Horses and staid out about two or three hours and came in again as if they had rid pretty hard the Horses being in a sweat and in the Afternoon they all went fairly out of Town and gave out that they expected to be in Town on Sunday or Monday following but they did not return but then came down one Mr. Lewis I know not that that is his Name only when I formerly belonged to my Lord of Oxford I knew him to be Gentleman of the Horse to my Lord Feversham But I did not know his Name Mr. Att. Gen. Had you not seen him there before what time did he come Turton I do not know that I ever saw him there before he was on Saturday in our Yard L. C. J. H. You are asked when Lewis came Turton The first time I see him was on Saturday in the Yard asking for Sir W. Parkyns L. C. J. H. VVhat time on Saturday was that Turton It might be three of the Clock in the Afternoon about an hour or thereabouts before Sir William Parkyns Horses went away and asking for Sir W. Parkyns and he not being there he returned back again and after they were gone he came again and I told
him they were gone but the Groom had acquainted me and given me an account that he would be there again on Sunday or Monday On Sunday in the Afternoon about five or six Mr. Lewis came to enquire if Sir W. Parkyns Horses were come to Town I told him no and so he came again upon Monday morning betwixt eight and nine of the Clock and asked me if I heard nothing of his coming to Town I told him no I did not hear of his coming again Mr. Att. Gen. The Horses that came up on Friday night how were they accoutred Turton Two or three of them had Holsters I cannot say but for Pistols they had four or five Case Mr. Att. Gen. Had they no Carbines Turton No but only Horse-Pistols Mr. Att. Gen. Did you not observe any other Arms or other Furniture Turton I did see a pair or two of Jack-Boots that they Rid in but I did not see any more Mr. Att. Gen. Were there any that were wrapt up in a Horse-Cloth Turton No I did not see any they were not brought into the House Mr. Cooper Do you know what time the Horses were Sadled that Day Turton No I did not Parkyns You observ'd and said there were two or three Cases of Pistols did not I always Ride with Pistols Turton Yes you seldom came without two or three pair when you came with Servants Parkyns And as to the Jack-Boots you said we Rid in them Turton I suppose so Parkyns We alighted at Mr. John's House and so our Boots were sent thither and these were small Horses all of them pray will you tell the Court what siz'd Horses they were was there ever a great Horse among them Turton Never a one I believe that exceeded above Fourteen Hands and a half some under Fourteen Mr. Sol. Gen. Did you see the Roan Gelding what size was that Turton A small Padd that might be about Thirteen and a half Mr. Att. Gen. Did you ever see him come with so many Horses before Turton I have seen more at the Sword and Buckler when I lived there and he used to Inn there Mr. Att. Gen. How many have you seen at the Sword and Buckler Turton I have seen four or five at a time but this is many years ago Seven or Eight years ago when he used to keep his Coach and Four Horses and come up with several Saddle Horses with him Mr. Att. Gen. How long have you lived at the Georgs Inn Turton About Two years Mr. Att. Gen. Did you observe any other Horses that stood there Turton There were two that were pretty sizeable Horses larger than any of Sir William's own Mr. Att. Gen. Whose were they Turton I cannot tell Mr. Att. Gen. Did any Body own them Turton I don't know who owned them there was one that paid for their Meat and took them away Mr. Att. Gen. Who is that Turton Truly Sir I cannot tell I do not know who he was I never saw him in my Life Mr. Sol. Gen. Has Sir William Parkyns any more Questions to ask him Parkyns No Sir Mr. Att. Gen. Then my Lord we shall call no more Witnesses unless he gives further occasion we leave it here till we hear what he says to it L. Ch. Just. Holt Sir William Parkyns Mr. Attorney General and the King's Counsel have done now is your time to make your Defence Parkyns My Lord I relie upon your Lordship for my Defence For I am ignorant of these proceedings I relie wholly upon your Lordship to give a true account of them to the Jury I hope your Lordship is so Just that you will Repeat the Evidence to the Jury as it is and no otherwise But I do not observe that as to the Assassination there is more than one Witness and that is Captain Porter there is not a tittle more and as to that I suppose your Lordship will declare to the Jury that I was not concerned in it and Captain Porter declares I was to have no hand in it onely I was to furnish Five Horses and accidentally I was at some Meetings but he does not declare that I was to do any thing in particular L. Ch. Just Holt Yes yes you agreed upon the Debates to the several Resolutions of Assassinating the King and said that it was necessary and fit to take him off Parkyns Still that is but one Witness I deny it utterly and the Law says positively there shall be two Witnesses L. Ch. Just Holt Not to every Overt-Act there is no Law says so Parkyns As to the Assassination there is but one no other but he and so as to the Regiment he did not say that I was to raise a Regiment but that he was told by a Gentleman that I had been desired to be in the matter but I would not because I had engaged in another business about a Regiment but this was all but hear say L. Ch. Just Holt Yes he said you own'd you had a Regiment Besides it is said you own'd you had your Saddles and your Troop consisted of Old Soldiers Parkyns No Captain Porter never said so Mr. Att. Gen. That was Sweet L. Ch. Just Holt You told Porter you had a Regiment to look after Parkyns Captain Porter is here I desire he wou'd explain himself L. Ch. Just Holt Yes and you told Sweet that your Troop consisted of Old Soldiers and that you had bought Thirty Saddles Parkyns My Troop aye but still there was nothing of a Regiment nor did they say I had raised a Regiment or a Troop or was to raise a Regiment Sweet You told me your Troop consisted of Old Soldiers I did not say that you said you had raised or wou'd raise but it did consist of Old Soldiers L. Ch. Just. Holt He says that which makes it plain that you were to have a Troop or had a Troop consisting of Old Soldiers besides Voluntiers that had been Officers and that you had bought a great many Saddles Thirty Saddles and you were to go into Leicester-Shire and accordingly you did go and upon your return you did give an account that all was well and the West was as well inclined to King James's Interest as the North. Parkyns That I went into Leicester-Shire and met several Gentlemen and that they were all well inclined I hope that is no Evidence of Treason against me Every body ought to be well inclined L. Ch. Just Holt Aye But they were all well disposed or inclined to King James's Interest Parkyns He did not say so if your Lordship pleases to call him again L. Ch. Just. Holt Call him again Sweet was set up again Mr. Soll. Gen. What did Sir William Parkyns tell you of his Journey into Leicester-Shire Sweet He said that he had been there and had met his Friends and all was well L. Ch. Just Holt What did he say Did he Name King James Sweet He did not Name King James to me at that time L. Ch. Just. Holt What was the Discourse
about that they were all well inclined to Sweet He always named it the King's Interest and did not name King James but I understood it and always took it to be King James he meant Mr. Mountaigne What did he say of the North and West Sweet He said that the West was as well inclined to the King's Interest as the North. Mr. Att. Gen. What did he say before he went Sweet He told me he was to go into Leicester-Shire to meet some of the King's Friends Parkyns Pray Recollect your self and consider what you say Sweet He said some Gentlemen Rid as far to meet him as he did to meet them Mr. Att. Gen. Was that the time he talk'd about the Troop Sweet No that was before this time I cannot remember the particular time it was at his own House and Captain Sindamore was with him Mr. Att. Gen. When was the Discourse about King James's Landing Sweet He told me that he believed now that King James wou'd Land he said he had his own Word for it it was about Christmas Mr. Att. Gen. What did he say about preparation for it Sweet He said his own Troop was to consist of Old Soldiers L. Ch. Just Holt Did he tell you he had a Troop Sweet I speak his own Words he said my Troop consists of all Old Soldiers L. Ch. Just Holt Was it consists or will consist though I think there may be no great matter of difference in this case Parkyns Yes my Lord but there is a great deal sure for will consists shews nothing yet done and all is but Words L. Ch. Just Holt Sweet Answer to Sir William Parkyns's Question Sweet I tell your Lordship I repeat his own Words my Troop consists or is composed of all Old Soldiers Mr. Cowper What did he say of Voluntiers Sweet He said there were some Gentlemen that would go along with him as Voluntiers that had been Old Officers Mr. Cowper Pray let me ask another Question when he Discoursed of the present King by what Name did he use to speak of him Sweet He called him by the Name of the Prince of Orange Parkyns Pray recollect your self Mr. Sweet and think of what you say since he was declared King did I ever call him Prince of Orange I am upon my Life and pray speak nothing but the truth L. Ch. Just Holt Consider and answer the question what did he use to call him Sweet Truly my Lord I am not positive as to that I understood it so I never knew that he allowed him to be King of England Parkyns Did you ever hear me call him Prince of Orange since he was King L. Ch. Just Holt Look ye Sir how long have you been acquainted with him Sweet About Three years my Lord. L. Ch. Just Holt Well that is long since his Majesty was declared King have you ever heard Sir William Parkyns call this King Prince of Orange Sweet I am not positive in that but I understood he did not allow him to be King Mr. Sol. Gen. You frequently discoursed with him about the Government it seems pray what did he use to call him Sweet I have heard him call him King William and the little Gentleman Parkyns When ever did you hear me call him the little Gentleman Mr. Sweet pray when you are upon your Oath consider well and recollect your Self and don't answer rashly and suddenly but think of what you say I always express'd my self when I had occasion to speak of him and called him King William as other people use to do I never used the words little Gentleman nor Prince of Orange neither L. Ch. Just Holt Did you ever hear him call him otherwise than King William He paused a while L. Ch. Just Holt Pray speak the truth and no more Sweet I have heard him call him Prince of Orange L. Ch. Just Holt But you have heard him call him King William too Mr. Sweet Yes Mr. Cowper But pray when he spoke of the King what King did you understand by it Sweet I used to understand King James Parkyns What is that to me what he understood L. Ch. Just Holt But I would observe to you one thing when you came from Leicester-shire you talk'd how well disposed they were to the King's Interest he says he understood that King to be King James and you said the West was as well disposed as the North pray now were you imployed by King William to see how the Gentlemen stood affected to him Parkyns No nor by King James neither L. Ch. Just. Holt Why then should you concern your self for the King's Friends in the West and the North Parkyns I never was in the West in my Life and therefore I can't tell why I should tell him any thing about the West Mr. Att. Gen. Pray Sir when was it that Sir William Parkyns spoke about the King's Landing Sweet It was about Christmas he said he believed he would Land Parkyns Did I tell you positively it would be so then Mr. Att. Gen. He tells you he said you did believe it for you had it from his own Mouth Parkyns That shews it is not probable I should tell him so that I should have it from his own Mouth carries such an improbability with it that the Evidence is Felo de se it destroys it self Mr. Sol. Gen. He does not say you had it from his own Mouth but that you had his word for it and this being about Christmas long after our King was return'd it could mean no other King but King James L. Ch. Just Holt Look you Sir William Parkyns there is another thing I would observe why did you send your Man to Kensington to one Brown who is that Brown and what was the Man that lodged at the Confectioners in Holbourn Parkyns I cannot tell who it was I know neither Brown nor the other Man but I sent my Man at the request of Mr. Charnock who lodged in the same House with me he desired he might go upon an Errand for him to Kensington and I directed him to go upon such an Errand for he was formerly Mr. Charnock's Servant and I desired him to go of the Errand if he requested it Who these Men were I know not neither of them nor any of their Business L. Ch. Just. Holt But he was bid by the Man that lodged at the Confectioners to tell his Master that he would stay within for him Parkyns That might be Mr. Charnock for he was his Servant once L. Ch. Just. Holt But he says he carry'd the Message to you and you receiv'd it Well have you any more to say Parkyns My Lord I think there is but one positive Evidence of any one Overt-Act L. Ch. Just. Holt Yes what do you think of the design of bringing in King James and consulting about it and assisting in the Invasion and preparing a Troop and providing Arms and Horses are not these Overt-Acts Do you think your having a Troop of old Soldiers is
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
for the satisfaction of all others that hear this Tryal My Lord Sir William Parkyns has truly divided his Indictment into two Parts the one that accuses him of being concerned in the Assassination and the other that accuses him of being concerned in Inviting the French into the Kingdom and Ingaging to meet them with an armed Force My Lord As to the first part I must do Sir William Parkyns that Right that there is but one positive Evidence as to the Assassination but that Evidence tells ye he agreed to it at several Meetings nay that he was one who said it was necessary to be done in order to the other Design he was Ingaged in the facilitating the Landing of the French and King James his Descent and Restauration There is I say indeed but one Witness of that Matter but the Evidence of that one Witness is confirmed by many concurring Circumstances by his sending for Horses to Town the Day before the first Saturday when this Exercrable Treason was to have been Executed by sending them out of Town again that Day upon the Disappointment by sending for them again the Friday before the second Saturday that the King was to have been Assassinated by his having more Horses than were usual with him that Day by his taking care then of three Horses that were none of his own and one of them brought very suspiciously from Somerset-House and that all these eight Horses should be immediately hurried and carried away upon the Disappointment the second Saturday and nothing ever heard of them afterwards I say one of them was brought very suspiciously for my Lord you observe it came from Somerset-House and sent by Lewis according to the Prisoner's Promise to Captain Porter which Lewis it is apparent by all the Witnesses of this Matter was privy to this Design My Lord There is another Circumstance besides this which I think has not been observed and that is his sending for Sweet up to Town before the second time that the King was to have been Assassinated he came up indeed before both the times The first time he was told by the Prisoner he had once designed to have used him in a Business but upon second Thoughts he had Compassion for his Family And when he came the second time he was first ask'd what Condition he had left his Family in whether he had provided them Money He said No and thereupon new as Chid And the Prisoner said he might then as well have staid at home All these Circumstances besides the one positive Evidence savour strongly of his having a great Hand in the Design of Assassinating the King But then my Lord As to the other Part his Inviting the French and preparing to meet them that is possitively proved by two Witnesses Captain Porter tells you That the Prisoner was at the two Meetings in Leaden-hall-street and St. James's street where it was expresly resolved by all that were present and the Prisoner among the rest to send Chernock over to invite the French to invade this Kingdom and to promise to meet King James at his Landing with Two Thousand Horse He Swears That Sir William Parkyns did particularly agree to what was so Resolved upon at both the Consults And Sweet tells you that he had prepared for the same Design for that Sir William Parkyns told him the King would Land he had his Word for it and he himself had a Troop of Old Soldiers My Troop does consist he spoke it in the present Tense for it being a Doubt Sir William Parkyns did himself that Right as to examine the Witness again and he repeated it as his Words My Troop consists of Old Soldiers or is composed of Old Soldiers And he was to have several Volunteers that had been Officers My Lord These Two positive Witnesses are Evidence that goes to the same Species of Treason nay to the same Design the raising a Rebellion and the Deposing the King which is Killing him in his politick Capacity I say these Two go home to the same Design And my Lord This Evidence upon this branch of the Indictment is corroborated too by very strong Circumstances There is a Journey to Leicester which Sweet speaks of that Sir William Parkyns told him he would undertake This Journey it is proved by his Servant that he did undertake that he met there with several Persons and came back and made his Report to Sweet of the Success of his Journey and how well Disposed the King's Friends were by which Name he always meant King James for when he spoke of our present King he called him the Little Gentleman or sometimes King William and sometimes as the Witness at last said positively the Prince of Orange But when he spoke of the King without any thing else he always meant King James and besides he spoke of a King that was beyond Sea at Christmas last which could not be King William who was then and had been in England so long before My Lord the Prisoner in his Defence says That this Servant of his that went with him into Leicestershire had been formerly Chernock's Servant and was sent by Chernock with the Message to Kensington and not by him Yet I must observe that the Evidence swore positively he was sent by Sir William Parkyns his Master and brought the Note in the Almanack back to the Person to whom he was directed to carry it who lodged at the Confectioners House and when he had so done that the Person that Lodged at the Confectioners did not remit him to Chernock but to his Master Sir William Parkyns with a Message that he would be at Home and stay there ready whenever he should have occasion for him and this was upon the very Saturday the King was to have been Assassinated My Lord Sir William Parkyns has complained that if he could have had his Evidence here he could have proved the Arms had been two years in his House and that he found them there when he came thither first If we should admit that Matter we might Confess and avoid it for it is apparent that these Arms were on this Occasion put up in a suspicious manner in Boxes and sent to Haywood's who is a Suspicious Person by reason of his Relation to Chernock upon whose Letter and Recommendation they were received and concealed till the Plot was disappointed and then they were carried away from that place and buried in Sir William Parkyns's own Garden This was just after the breaking out of the Plot and they were buried for the better securing them as choice Goods And whereas the Prisoner says they were old and rusty when he found them it now appears they were clean and new-furbish'd Arms and the Hilts were off the Swords and pack'd together My Lord he has Recourse to another Argument in the last Place the most moving I must confess of all and that is the Argument of Pity He has spoke of his Education in the Profession of
thereabouts Sir William Parkyns was to furnish five Horses whereof three of them were to be mounted by Men of his own providing the other two were to be mounted by Men of Captain Porter's providing Mr. Porter Mr. Chernock and one Rookwood were to be principally ingaged in Attacking the Guards The number of Men agreed upon for the whole were about forty or few more and Sir George Barckley was to have a Party out of them all of about eight and as those others went to fall upon and Charge the Guards Sir George Barckley with his Party of Men was to Attack the King in his Coach and by shooting into the Coach to kill the King and all that were with him The Time agreed upon for putting this design in Execution was on Saturday the 15th of February That day it was expected the King wou'd go a Hunting And Two Men were planted at Kensington to give notice when the King went and upon such notice these Men were to March out in small Parties and to Lodge in the Inns and Publick Houses about Brentford and Turnham Green upon notice of the King 's Return from the other side of the Water and Sir George Barclay was to be in readiness to set upon the Coach in the Lane and the other Party to Attack the Guards But this Horrid Design was very happily Discovered which prevented the King's going abroad on that day and though they were disappointed for that Time yet the Design was not at an end But their Resolutions continue to make the like Attempt when they could have an other opportunity And for that purpose there was another Meeting as Captain Porter tells you upon the Friday following at the Sun Tavern in the Strand at which Sir William Parkyns Sir George Barclay Rookwood and Chernock and Captain Porter were present and they did agree to Attack the King and the Guards the next day in the same place and manner that they had formerly agreed upon But by good Providence the King had notice of it so that he did forbear to go abroad that day whereby these Conspirators were totally disappointed of their Barbarous and Villanous Design which they had resolved upon and had made such Preparations to compass It is true Captain Porter does tell you Sir William Parkyns was not to be one that should be actually present at the Assassination but he was to furnish Five Horses Three of them to be mounted by Men of his own providing and Two by Men that Captain Porter was to provide And you are told positively that Captain Porter at this last Meeting did complain that Two of his Horses were fallen Lame and acquainted Sir William Parkyns with it and he promised to help him to Two more by the means of one Lewis that was Gentleman of the Horse to my Lord Feversham Then you are told that Sir William Parkyns sent to Sweet to come to Town the 11th of February and Sweet comes to Town accordingly on Wednesday the 12th of February and then he had discourse with Sir William Parkyns at his Lodgings where Sir William told him that because of his Family he would not imploy him in the business he intended for him and therefore bid him go home again and with all directed him to return to Town the Fryday following and order his Groom to bring his Horses to Town he mentioned Three Horses which should be the strongest he had the Groom brought up the Three Horses and Sweet came to Town with him and staid till Saturday Sir William Parkyns said he thought to go out of Town in the Afternoon but did not but stay'd till Monday when he went out of Town But upon the Friday following the Horses of Sir William Parkyns were brought to Town again which now were Four and were set up at the George Inn in Holborn and it appears that Mr. Lewis furnished one Horse for there were Five Horses there upon the Account of Sir William Parkyns of which a Roan Horse was one which came from Somerset-House This is proved by the Hostler and that Lewis himself came in on Saturday in the Afternoon to inquire for Sir William Parkyns but he was gone and the Horses were taken away and he once came with Sir William Parkyns to the Inn. These are Circumstances that do Concur with and Confirm Captain Porter's Evidence concerning the providing Horses for this Design Then there is another Particular of Captain Porter's Evidence concerning the Commission from King James which is remarkable It was told you that he askt Chernock whether he had seen the Commission he said no but Sir William Parkyns had and Sir William Parkyns was askt by Porter as they were sitting by the fire-side whether he had seen the Commission and Sir William Parkyns answered that he had seen it and had read it and it was written with King James's own hand and that the Substance of it was to make War upon the Person of the Present King who was called in the Commission as you may suppose the Prince of Orange So that Gentlemen as to the discovery of the Assassinating the King and of this Commission which was understood by them to be for that purpose This is the Summ and Substance of Porter's Evidence so attended with and confirmed by these Circumstances as you have heard Besides the other Witness Sweet who was a great Acquaintance of Sir William Parkyns tells you That about Christmas last he was informed by Sir William Parkyns That the King would land which he understood to be meant of King James He ask'd Sir William Parkyns how he knew it and he said He had his Word for it and that his Troop consisted of Old Soldiers and he had Thirty Saddles and besides there would be some Volunteers which were Old Officers Then he said He was to go into Leicestershire and he did go with one Scudamore and this was in January about the latter end as I remember They lay that Night at Stony-Stratford and the next Night at Leicester and Scudamore went with him and afterwards one Yarborough and a Parson came to him out of Yorkshire And when he came back he said He found all there to be very well and the West was as well inclined to the King's Interest as the North and a Lord's Brother was concerned Then in the next place you are told That at Michaelmas last Mr. Chernock did write a Letter to one Haywood who had married his Sister and lived near Sir William Parkyns in Warwickshire to desire him to receive some Goods into his House that were to come from Sir William Parkyns's and lay them up very carefullâ—â— for they were choice Goods which Sir William durst not leave in his own House because he had left it And accordingly there were these Boxes and Chests sent to Haywood's and received by him into his House where they continued till the latter end of February Haywood about this time when the Design of the Assassination was on foot