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B17222 The arraignment, tryal, and condemnation of Sir William Parkins Knt. 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 he sheriffs of London and Middlesex, at the time of their execution. Parkyns, William, Sir, 1649?-1696.; Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex) 1696 (1696) Wing A3760; ESTC R11595 77,090 51

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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
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