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
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
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
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
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
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 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
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
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
no Overt-Act Parkyns There is no positive proof of any Troop or any Arms. L. Ch. Just. Holt It is proved there were Arms sent by you at Michaelmas last to Mr. Haywoods Chernock's Brother-in-Law and these lay there till Ashwednesday last after your Name was in the Proclamation and then they were removed in the Night and buryed at your House and were taken up there and here is an Account given what Arms they were Four dozen of Swords Twenty five pair of Pistols Thirty two Carabines Parkyns First it does not appear when these Arms were bought nor for what intent they were brought from Haywoods L. Ch. Just. Holt But what use had you a private Man for so many Arms and then your going into Leicester-shire to meet some Gentlemen and your giving an account how they stood affected to the King's Interest whether that be understood for the Interest of King James I must leave to the Jury since you give us no account that you were imployed by King William Parkyns My Lord I went upon my private Occasions and then talk'd of News as other people do L. Ch. Just. Holt But when you returned back again you declared all was well and gave an account how persons were dispos'd in the West and North. Parkyns Is there any persons named or particulars Can it be an Overt-Act of Treason for me to discover my acquaintance L. Ch. Just. Holt But your going with that design to engage in an interest against the King and for the late King Parkyns He does not say discovered my design I went to meet with some Friends of my own L. Ch. Just Holt Did not he tell you he was to go into Leicester-Shire Sweet Yes he did so L. Ch. Just Holt Did he tell you to what purpose Sweet He said he was to go to meet some of the King's Friends Parkyns Did I tell you who Sweet No. L. Ch. Just Holt But there was a Lord's Brother what did he tell you of that Sweet He said all things were well and the West was as well inclined as the North. L. Ch. Just Holt To what Sweet To the King's Interest L. Ch. Just Treby You spoke of a Lord's Brother that was concerned Sweet He said several Persons of Quality in the West were concerned and a Lord's Brother was among them Juryman My Lord I desire he may be ask'd when he said the King would Land what King he meant whether he named the Late King or King James L. Ch. Just. Holt Well Answer that when he Discoursed to you of the King 's Landing did he Name the Late King James or did he say the Late King James Juryman Was he mentioned in the Discourse Sweet He never used to mention King James to me but only the King which I understood always of King James Mr. Att. Gen. Pray what time was it that he spoke of the King 's Landing Sweet It was about Christmas Mr. Att. Gen. Therefore no other King could be meant but King James for there was no other King to Land at that time and he said he had the King's word for it I suppose he can't pretend he had King William's word for it Parkyns I hope to talk of the King 's Landing is no Treason it is but words if I tell an idle Story of what I think may come to pass shall that be reckoned Treason Then for him to say I had it from the King 's own Mouth it is impossible to be true and it an Overt Act being only Words and cannot be reputed Treason And then as to the other two Parts of the Charge the Consultations which my Lord of Ailsbury and those other Persons there is but one Witness no body but Porter neither is there any more but he for the Assassination his Evidence is but a single proof and there ought to be two positive Witnesses by the Law to each Overt Act. L. C. J. Holt. No there ought to be two Witnesses to each Species of Treason that 's all Parkyns There ought to be two Witnesses to both these parts of the Treason L. C. J. Holt. I must tell you Sir Willian Parkyns If any person does Design and Contrive that the Realm should be Invaded or the King Deposed and another set upon the Throne that Conspiring to Invade the Realm or Depose the King are Overt Acts of High Treason within the Statute of 25. Ed. 3. and the same Species of Treason as designing to Assassinate him is It is Compassing Designing Imagining his Death and Destruction Now the Question is Whether there is not another Witness besides Capt. Porter to prove another Over Act of this Design Parkyns I don't find there is for all the rest is only Discourse L. C. J. Holt. Yes for what do you think providing Arms for that purpose is only Discourse Parkyns The Witnesses don't say for what purpose the Arms were bought L. C. J. Holt. Nor do you tell us of any other purpose Parkyns My Lord it does not appear when they were bought L. C. J. Holt. Ay but what occasion had you for such a quantity of Arms Parkyns My Lord I did not buy them after all I found them if I had had liberty to have sent down for Witnesses I could have proved that these Arms were in Boxes all Rusty in my House when I first came to it L. C. J. Bolt Ay but why were they buried just at the time when the Plot was broke out and the whole Design discovered Parkyns I can't tell my Lord how to help it if they will make an ill Interpretation L. C. J. Holt. What Interpretation would you have us make Parkyns My Lord It is very easie to imagine People don't care to be found with Arms at such a time but however the having of Arms is no Treason They are as much a Commodity as any thing else Mr. Att. Gen. And then the Horses coming to Town just at such a time and the Saddles Parkyns I have not bought a Horse this two Years and I travelled in no other manner than I used to do So the Groom tells ye I used to come to Town with three or four Horses always I never kept less than six or seven Horses this twenty Years sometimes a great many more and they were little Horses Padds no way fit for the Service they are presumed to be for L. C. J. Holt. Have you any thing more to say Sir Parkyns I hope my Lord as to the Assassination I am clear Perhaps the World may imagine I have had some Inclinations to King James's Service and perhaps they may not think amiss but I never did any thing nor had an opportunity to do L. C. J. Holt. God be thanked you had no opportunity Parkyns And I hope my Life shall not be taken away without proof I hope it will be rather thought that every one should be taken to be Innocent and it should better please the King that I should be acquitted than to let me be found
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
by the Evidence it was Parkyns But that is not said my Lord I humbly beg your pardon for interrupting you it is not said That I met them to rise by no Evidence whatsoever and therefore pray my Lord do not inforce it beyond what the Evidence has proved he said I went to meet my Friends was there any thing said it was in order to a Rising L. C. J. Treby I think you mistake your own words as you spoke them to be Witness if I did take them as I think I did right for they were several times repeated I will do you no wrong Sir William I assure you You went into Leicestershire and you say It was to meet your Friends the Witness says It was to meet the King's Friends by the King it is very plain you meant not King William but King James for you spoke before of the King 's Landing which was at Christmas last when every body knows King William was in Fngland These coupled together Parkyns I beg your Pardon my Lord those two things are not both to be joyned together the discourse of the King 's landing was at Christmas as he says the other thing my Journey into Leicestershire was a Month afterwards and therefore they cannot be coupled together L. C. J. Treby The coupling of them that I meant was only to shew who was understood to be spoken of by you when you named the King so the Qucstion is Whether you did not mean the same person in January that you meant in December by the word King especially since as a Discovery you had made you said further that the West was as well inclined to the King's Interest as the North and a Lord's Brother was concerned in it If by the King you had meant King William how impertinent and insensible had been all this Discourse that the West was as well inclined as the North and that a Lord's Brother was concerned in it concerned in what In being inclined to King William to what purpose could that be said Parkyns It may as well be interpreted that way as the other L. C. J. Treby I must leave that to the Jury And I confess if there were not somewhat more in the case you might the better argue upon this as to the Interpretation But laying aside the consideration of your riding into Leicestershire c. here is this providing of Arms proved by 4 or 5 Witnesses and the serving of them in that manner and there is no account given by you that they were provided for the service of the Government or that you were imployed so to do Certainly it is not lawfull to provide Arms especially for a whole Troop as for ought I perceive here was tho' indeed I am not skilfull enough in those businesses to know how many make up a Troop but it 's plain here was an Insurrection intended when the Invasion was made and that is an Evidence that these Arms were to be imployed upon that account for no other use was to be made of them nor is pretended If you had found those Arms in your House as you say it had been your Duty to have delivered them up or disposed of them to the Use and Service of the Government which service too could only be when you had a Commission from the Government and not of your own head And then besides all this you acknowledg'd that you had a Troop of old Soliders Parkyns It is but slidingly that for he only tells you that a Troop would be composed of old Soldiers L. C. J. Treby How can that be when he says he repeats your own words My Troop consists of old Soldiers can any body say that his Troop consists of old Soldiers without having a Troop Parkyns Pray Mr. Sweet speak my life is at stake did I say to you it did consist or it was to consist recollect your self and consider well before you speak L. C. J. Holt. What was it that he did say it did consist or it would consist Sweet He said his Troop was composed all of old Soldiers Parkyns But does it appear by any Evidence that I had a Troop if I had who were they none of these Men do appear Does this Troop consist of Men in the Air that I should list Men that are all in Nubibus and not one of them to be known Suppose I should tell him a Lie or make some Brags is this Treason here is no person proved to be listed or named L. C. J. Holt. But Arms were found in your house for a Troop Parkyns But where they were bought and when they were bought and made ready it does not appear and I affirm to your Lordship if you would give me but one Days time I would prove that they were at my House at Warwickshire when I first came down thither which is too years ago And I 'll fully make it out to your Satisfaction or I 'll be crucified or any thing in the World I can prove it by a great many Witnesses by my Friends and all the Servants that belonged to me they were there long before this Discourse was had or thought off Mr. Justice Rokeby If your Lordship expects that I should deliver my opinion I am ready to do it As to this matter of Law that Sir William Parkyns has proposed he says There are not two Witnesses to the same Over-Act and therefore no Evidence of Treason truly I take it and always did that the Law is there need not be two Witnesses to the same Overt-Act but if there be two Witnesses one whereof speaks to one Overt-Act and another to another Overt-Act of the same Species of Treason these are two Witnesses within the Law Now I think there are two Overt-Acts in the Indictment of this Treason The Treason is compassing the Death of the King the Overt-Acts are first the particular Design of the Assassination upon his person and the other is the bringing in of a foreign Force and preparing Horses and Arms to meet that foreign Force here all this to the same Intent and Purpose the compassing and imagining the King's Death Now besides that of the Assassination there are a great many Witnesses that prove there were Arms prepared for there are found a great Quantity when they open'd the Boxes which Boxes it is plain he himself sent down to Haywood's House For tho' Charnock writ a Letter yet it was by his Direction as he own'd to Haywood when he was here in Town And then his Servant fetch'd them away from this place and this I take to be another Overt-Act and proved by several Witnesses Sir William Parkyns speaks of his being a Gown-man but I do not know what a Gown-man has to do with such a quantity of Arms. Parkyns If you will give me leave to send for some People I will demonstrate it to you as clear as the Sun that they were in the House two years ago when I came first thither Mr. Justice Rokeby
There were preparations two years ago it appears for the Destruction of the King and Kingdom how ever the Men that were accused of it had the luck to escape and be acquitted Parkyns My Lord I hope I shall not be interpreted out of my life I desire the Statute may be read Mr. J. Rokeby What Statute do you mean Parkyns The 25 of Edw. 3. and the new Statute too let them both be read to the Jury that they may consider of it The Statute of the 25th of Edw. 3. was read Parkyns There is nothing of 2 Witnesses there L. C. J. Holt. No but there is another Satute of the 5th Edw. 6. Cap. 11. that may be more for your advantage will you have that read Parkins Yes if you please I know there is another Statute that does direct it and I expected to have found it in this Statute Cl. of Arr. This is an Act made in the 5th and 6th years of King Edw. 6th The Statute was read to these words Unless without Trial he shall confess the same Parkyns There 's enough L C. J. Holt. You have heard the Statute read would you infer any thing from it Parkyns I infer that there ought to be two Witnesses and here is but one L. C. J. Holt. There are two Witnesses Parkyns Not direct to the same thing L. C. J. Holt. I shall leave it to the Jury whether this Evidence does not prove an Overt-Act to demonstrate a Design against the King if the Design be to depose him and that 's manifested by two Overt-Acts and undoubtedly that is Treason within the Statute of 25. of Edw. 3. Park That I agree but yet there must be two Witnesses of it L. C. J. Holt. Suppose dethroning the King be the main design that strikes at his Life and you resolve it shall be done one way or other One way by Assassination the other by Insurrection or by Invasion and joyning with a Foreign Army Park My Lord I conceive there ought to be two Witnesses for each L. C. J. Holt. No no for that very last Act that is to take effect in a few days declares it is sufficient if there be one to one Overt Act and another to another but still it must be of the same head or species of Treason and deposing the King and assassinating of him and preparing to raise an Army against him or to excite an Invasion are but one sort of Treason Park It may be so if they were Overt Acts of one sort of Treason but rising in Arms and Assassination are as different things as can be in the world and therefore there ought to be two Witnesses to each of them Mr. J. Rookby That which I delivered as my opinion was that one Witness proving one Overt Act and another Witness proving another Overt Act of the same sort of Treason are two good Witnesses according as the Law requires And I am the more fully confirmed in it by the Clause that is in this new Act of Parliament made for Tryals in Cases of Treason that a man shall not be convicted of Treason but by and upon the Oaths and Testimony of two lawful Witnesses either both of them to the same Overt Act or one of them to one and the other of them to another Overt Act of the same Treason Parkyns Of the same Treason aye Mr. J. Rookby And here it is the imagining the Death of the King that is the Treason Parkyns Then you may say every thing else is so but if you please to let the whole Statute be read L. C. J. Holt. You shall have it read if you will but this is all that is in it concerning this matter Now a design to depose the King which manifested by some Overt Act is an Overt Act to prove the design of the Death of the King Parkyns Then it must be manifest and not by Interpretation and all these things are by Interpretation except it be what Porter swears L. C. J. Holt. If by Overt Act it be proved that you designed his Deposition that is an Overt Act to prove your design of his Death Parkyns They are very different things Death and Depositions We have seen a King deposed and yet he is alive L. C. J. Treby I am sure we have seen a King agreed to be assassinated and yet God be thanked he is alive still L. C. J. Holt. It is not the succeeding in the Design but the Design it self that is the Treason God forbid that it should have Success to make it Treason L. C. J. Treby But whenever people will agree together to bring in Foreign Forces or to prepare Men and Arms against the King that is in Possession this is reckoned an Overt Act of a Design against his Life and has always been reckoned so by my Lord Chief Justice Hales my Lord Chief Justice Coke and by all those Men that have been reputed the most tender in Cases of this nature For any Act that expresses an intent of dethroning the King by means of an Invasion by a Foreign Force and an Insurrection against the King is a proper proof of a Design of his Destruction and if not then agreeing to shoot him is not an Overt Act. Men may say also but there need be actual Shooting to make out the Overt Act in that case Parkyns If your Lordship pleases to have the Act read I shall submit to your Lordships Judgment L. C. J. Holt. Let it be read Parkyns If you please to read the Act the Preamble of it Cl. of Arr. This is an Act made in the 7th Year of our Soveraign Lord the King Is that the Act It is an Act for Regulating of Tryals in Cases of Treason and misprision of Treason Is that the Act Parkyns Yes yes The Act was Read Mr. J. Rokeby I believe if you look into the great Case in Parliament the Case of my Lord Stafford you 'll find it was declared for Law that one Witness to one Overt Act and another Witness to another Overt Act of the same Treason they were two Witnesses within the Law and this was a solemn resolution in Parliament in the House of Lords Parkins I believe it has been done but here is a beneficial Law made which if my Tryal had been put off a few days I should have had the benefit of L. C. J. H. It would have been the same thing as to this matter for this Act declares the very same thing as to the two Witnesses Parkins And then my Lord I could have had Witnesses to have taken off a great part of this Evidence and the Law comes to take effect within one day and it turns here upon this matter of Sweet who is not a good Evidence for it is manifest he has contradicted himself and it is manifest he has sworn what cannot be true L. C. J. H. Wherein Parkins That I should say the King would Land here for I had his word for it Mr. J.
Rokeby You might have his word and not delivered by his own mouth there are other ways to convey a mans word besides speaking Parkins But then we don't call it his word that 's hearsay Mr. J. Rokeby If a man write his Note that he will do such a thing we may very well say we have his word for it L. C. J. H. It is not impossible but that you might speak with him Parkyns It is impossible I should speak from hence to France L. C. J. H. You might have been over with him I believe a great many others have and it 's proved Mr. Charnock went over Mr. J. Rokeby If any man should have said at the latter end of the last month I believe that there was an Assassination intended against the King because I have his word for it meerly from reading his Speech to the Parliament wherein he affirms that he had several proofs of it that had been a proper expression tho he did not hear the King speak it Parkins Yes if he had the Speech to produce Mr. J Rokeby Then if it come by Letter or Message or by Common fame he might send you word by a particular Messenger Parkyns Yes if there was any such authority as that it were true But he has manifestly contradicted himself and Captain Porter swears for his own life and I must leave it to you whether they are to be believed Mr. J. Rokeby Captain Porter's testimony has been sufficiently confirmed by the acknowledgement of dying Persons L. C. J. H. Well have you any more to say Sir Wm. Parkins Parkins No my Lord I submit it to your Lordships direction L. C. J. H. Then what say you to it Mr. Att. or Mr. Sollicitor Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Council for the King in this matter and it is my turn to summ up the Evidence against the Prisoner at the Bar. He stands Indicted for compassing the Death of the King for designing to depose the King for promoting a foreign Invasion for intending an Insurrection here at home and for aiding and abetting the Kings Enemies and for doing what he could to procure the subjection of his own Country to Foreigners and Strangers Gentlemen some of these Crimes run into one another designing the Death of the King by Assassination and designing to depose the King amount to one and the same thing with Compassing and Imagining the Death of the King My Lords the Judges have given you their opinion in that point of Law and I think it is agreeable to all the resolutions that have been since the making of the Statute of 25 of Ed. 3d. I think that it has been explained so in the time of Richard the Second but this I am sure of that it was so resolved in the time of Harry the Fourth when there was a design to set up Richard the Second again and it was adjudged to be High Treason in Compassing and Imagining the Death of the King For deposing the King is destroying him in his politick Capacity as much as Assassination and Murdering of him is destroying him in his natural Capacity and the Conspirators in such Cases know what the great end is they aim at to subvert the Government as it is established by Law whereby every man enjoys his own property and the freedom of his person and those that will be quiet may have their liberty and property preserved intire to them but some people are so very impatient of submitting to the Law that they cannot be content to be in servitude themselves but they must needs do all they can to bring it upon their fellow Subjects And it were very well if that those who are in love with slavery would but go to some other places where they may have enough of it and not bring it upon those who are so little desirous of such a thing as we are and I hope shall always be Gentlemen to prove Sir Wm. Parkins guilty of this Treason whereof he stands indicted we have produced several Witnesses and first there is Mr. Porter and he tells you Sir Wm. Parkins told him he had seen a Commission from King James written with his own hand for making War against the person of King William Parkins Sir I beg your pardon for intetrupting you but there was not one word of that said here is Mr. Porter pray ask him if ever I saw a Commission from King James L. C. J. H. Porter did say so if I remember any thing Porter said you told him you had read the Commission and it was written with his own hand Parkins All that I heard of it was that when I was desired to make one in the Assassination I refused it because I said I was busy about the matter of my Regiment Mr. Att. Gen. Pray call Porter again Capt. Porter came in Mr. Soll. Gen. Pray Captain Porter will you give the Court and the Jury an account what you heard Sir Wm. Parkins say about the Commission that came from King James Cap. Porter I askt Mr. Charnock why I might not see the Commission and he told me he had never seen it himself but Sir Wm. Parkins had I did ask Sir Wm. Parkins whether he had seen it and he told me he did see it and read it and it was to raise War against the Person of the Prince of Orange Mr. Att. Gen. Whose hand was in it did he say Capt. Porter It was all written with King James's own hand Parkins This was my mistake I thought he had said I told him I had a Commission for a Regiment Mr. Mountague Did he give any reason why it was written with King James's own hand Cap. Porter We used to say amongst our selves it was because he would not trust any of his Ministers with it Mr. Soll. Gen. I would not do Sir Wm. Parkins any wrong but only summ up what is material in the Evidence given against him I remember very well Mr. Porter said Mr. Charnock told him Sir Wm. Parkins had seen the Commission but I would not offer that as Evidence against the Prisoner what another told him but he says besides that Sir Wm. Parkins told him himself that he had seen it and that it was written with King James's own hand He says that they had several Meetings together Sir William Parkyns and a great many others and he names the places the Naggs Head in Covent Garden the Sun Tavern in the Strand and the Globe Tavern in Hatton Garden he tells you particularly that it was agreed that King who was executed and Knightly and himself should go and view a place that should be proper for the Assassination and to give a Report to the Prisoner and the rest of the Conspirators what they thought the most proper place and that accordingly they did view the place and came home at night and met the Company whereof Sir Wm. Parkyns was one and they
gave an account how the place was viewed and which was thought most proper and then all the Company agreed to it He says indeed that Sir Wm. Parkyns was not one that was to execute it in his own person but one Scudamore was to be the man imployed by him and he did say it was a thing that was very necessary to be done and would facilitate the Introduction of King James and the bringing him back again And there is likewise this concurring Evidence of Mr. Porters wiâ—â—hat I shall observe by and by that Sir William Parkyns was to procure five Hoâ—â—â—hree whereof he was to mount himself and two he was to send Captain Porter to mount and if there were further occasion he could procure more from Mr. Lewis Gent. of the Horse to my Lord Feversham and accordingly we have produced to you 2 Witnesses Freeman and Turton the one a Tapster the other an Hostler that lived at the George Inn in Holbourn who give you an account that upon Friday before the first day that was designed for the Assassination there did come 3 Horses to Town for Sir Wm. Parkins but it being put off upon the disappointment they were sent out of Town again Upon the Friday afterwards the day before the discovery then there were 4 Horses brought to Town and a 5th was borrowed of Mr. Lewis which was a Roan Gelding Parkyns Pray Sir will you please to observe what sort of Horses they were and particularly the heighth of them that it may be known how fit they were for this business Mr. Soll. Gen. I will do you no wrong Sir William if I can help it The Jury have heard the Evidence and by and by they will hear my Lords Directions but they do say there were 4 brought to Town and a fifth was sent a Roan Gelding first the Witness said the Horse came from Mountague House but then presently he recollected himself and acknowledged the mistake and afterwards said it was from Somerset House So there were the 5 Horses 3 whereof Sir William Parkyns was to mount and 2 Captain Porter as he himself says and these Facts I instance in as making a concurring Evidence and very near to two Witnesses to prove this part of the Conspiracy Then Gentlemen Captain Porter goes further and says that he had heard but Sir William Parkyns did not tell him so himself that Sir William Parkyns had a Commission to raise a Regiment of Horse and was preparing so to do against the time of the Invasion to joyn with the Forces that were to come from abroad To confirm which we have called Mr. Sweet to give you an account that he had been acquainted with Sir Wm. Parkyns for 3 years and that he had often talkt with him about the King that is his present Majesty whom he called the Prince of Orange and the little Gentleman and about King James whom he used to call always the King and he said the King was to land very speedily and that he had a Troop which consisted of old Soldiers and that there were several Volunteers that were Officers he said he was to take a Journey into Leicestershire and accordingly he went and when he returned back again he said the West and the North were very well inclined to the King's Interest or to that purpose And to strengthen his Evidence we prove that he did go accordingly into Leicestershire and we prove it by his Servant that went with him where he met with several persons particularly one Yarborough and a Parson what they did transact the Servant cannot prove but he is a concurring Witness to prove that he went into Leicestershire and we have all the reason in the world to believe that he went on that Errand that he spoke of before that is to meet the Kings Friends as he called King James And then there is a further concurring Evidence of his having a Regiment or a Troop it is not material whether it be one or the other and that is the matter of the Arms 4 dozen of Swords 32 Carbines 35 Cases of Pistols that were hid in the Garden of his House and these Arms we have traced further he sent them from his House to Haywoods House there he thought they would not lye safe and therefore Sir William Parkyns sends for them privately they were to come away at night and be brought back to his House and they were accordingly brought back in the night to his House and there they were buried and the same person saw them taken up afterwards which brought them to Sir William Parkyns House and proves they were the same Boxes that were buried and which upon opening proved to be these Arms that were first sent to Haywoods and afterwards brought back to his own House So that this Gentlemen is a concurring Evidence both to what Sweet says and to what Porter says and those are the two Witnesses to this part of the Treason that there was a provision of Arms and Men for this purpose which he said he had a Commission for Now Gentlemen against all this he makes but a very small Objection As to the matter of the two VVitnesses to every Overt Act that has been over-ruled by the Court and as to the Arms he says he found them at his House when he first came to it and then they were old rusty Arms but of this he gives you no manner of Evidence But if they were there when he came to the House How came he at this time of Day to hide them and secret them Why might they not be as publick now as they were before he came which he has had time enough to prepare to prove since the finding of them And he does not give you so much as any colourable Reason why he so secreted them And therefore it is a most just and violent Suspicion that they were for the purposes that the Witnesses have given you an account of and you have reason to believe they were provided for to arm that Number of Men which he was to raise to assist the French when they came to land here So that if you believe what the Witnesses have Sworn you cannot say but that he is Guilty of the Treason charged upon him and we doubt not you 'll find him so Mr. Cooper May it please your Lordship and you Gentlemen of the Jury I am of the same side of Counsel for the King Sir William Parkyns has given us a good Caution which I shall take care to observe and that is not to strain either Fact or Law to his prejudice But my Lord When such a Matter as this a Crime of this nature is so far proved against the Prisoner at the Bar that no body can in his private Judgment reasonably acquit him then I think it a good piece of Service to the Publick to make the Matter so plain that it may be put beyond all manner of Doubt both for the ease of the Jurors and
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
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