commences in a day or two Let the Act be read L. Ch. Just Holt. A design to depose the King which is manifest by some Overt Act that is an Overt Act to prove the design of deposing the King for he that designs to depose him from his Kingly State and Dignity if that design be manifest that is an Overt Act for designing his Death Sir Will. Parkyns But it must be manifested it must not be by interpretation L. Ch. Just Holt. If that be proved if the next Overt Act be proved that you design the Kings deposition then it is apparent you design his Death Sir Will. Parkyns But they are different things L. Ch. Just Treby Sir Will. Parkyns we have seen a King deposed and yet alive it is very true and yet not the Success that always does it But whenever Persons agree together to bring in Foreign Forces and prepare Arms to meet them and make Insurrection against the King in possession this is reckoned an Overt Act by my Lord Chief Justice Hales and my Lord Cook and yet those Men are reckoned to be the most tender Men in these Cases And the reason is very plain Sir Will. Parkyns If your Lordship please let that be read L. Ch. Just Treby For any Act that has a natural tendency to the destruction of the King that is the expression of an internal thought of compassing and imagining his Death Providing of Arms and making an Insurrection against the King is an Overt Act and an agreeing to shoot him is an Overt Act. Sir Will. Parkyns I desire it may be read and I am satisfyed The new Act was then read J. Rookby I believe in a great Cause in Parliament my L. Stafford's Case it was declared for Law that one Witness to one Overt Act and another to another was declared sufficient in Law Sir Will. Parkyns I believe it has been done But yet if your Lordship please here is a beneficial Law which if your Lordship had pleased to put off my Tryal another day I might have had the benefit of J. Rookby It would have been the same thing as to an Overt Act for this is only indicative of the same Law in several particulars Sir Will. Parkyns No my Lord but I could have had Witnesses to have taken them off but here it turns upon the matter of Sweet and it is manifest he has spoken what cannot be true viz. that I had the Kings word for it J. Rookby If a Man write a Note to you that he will do a thing that might be said to be his word though by a Letter Sir Will. Parkyns If I had it from his own Mouth not else L. Ch. Just Holt. It is not impossible but you might speak with him Sir Will. Parkyns No It is impossible for can I speak from hence to France Mr. Charnock went over but I never went over J. Rookby If any man should have said the latter end of the last Month I believe there is an Assassination intended against K. William meerly because he had his Word for it we might say we had the King's Word for it that is a proper expression if it come by Letter or publick Fame L. Ch. Just Holt. He might send you word so by a Message Sir Will. Parkyns He manifestly contradicts himself backward and forward in his Evidence Captain Porter swears for to save his own Life and the other contradicts himself J. Rookby Captain Porter's Testimony has been sufficiently confirmed by the acknowledgment of dying Persons L. Ch. Just Holt. Sir William have you any more to say Sir Will. Parkyns No my Lord. Then the King 's Learned Counsel summ'd up the Evidence to this Effect Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel for the King in this matter and it is my turn to sum up the Evidence that has been given against the Prisoner at the Barr. He stands indicted for compassing and imagining the death of the King for designing to depose the King and by an Insurrection incouraging and abetting the King's Enemies and doing what he could to procure an Invasion upon his own Countrey Some of these Crimes run into one another designing the death of the King the Assassinating and deposing of the King amount to the very same thing it is compassing and imagining the death of the King My Lords the Judges have given you their Opinion in that point of Law and it is I think agreeable to all the resolutions since the making of that Statute I think this Statute made in the 25 Edw. 3. was explained in the time of his Successor Rich. 2d but I am sure in the time of Henry 4th when it was designed to set up Richard it was adjudged High-Treason for compassing and designing the death of the King For deposing of him was destroying him in his politick Capacity and Assassinating of him was to destroy him in his natural Capacity The design was to overthrow the present Government establish'd by Law whereby every Man injoys his own Property every Man injoys his own Freedom and those that will be quiet may have their own Liberty as well as at any time they ever had it But some People are very impatient they are not contented to have servitude themselves but would bring it upon their Fellow Subjects And it would not be very ill if those that be in love with it would go where they may fill their Bellies with it in another place where they may have it and not bring it upon those that would be very impatient under it as we all are and I hope shall always be To prove the Invasion we have Captain Porter and he tells you he had seen a Commission from the Late K. James all written with his own hand Sir Will. Parkyns I beg your pardon he does not say such a word I beg my Lord the Witnesses may be called L. Ch. Just Holt. If I remember right Mr. Porter said you had read the Commission and it was writ with K. James's own hand and he said it was because he could not trust his Ministers Sir Will. Parkyns No my Lord he said not so but all I said was that Scudmore was to take one Mr. Soll. Gen. Pray Mr. Porter give my Lord and the Jury an account what Sir Will. Parkyns told you Capt. Porter I askt Capt. Charnock if I might not see the Commission he told me he never saw it himself but that Sir William Parkyns had and that it was written with K. James's own Hand He said Sir Will. Parkyns said it was to raise War against the King's Person Mr. Soll. Gen. By whose Hand was it writ Capt. Porter With the King 's own Hand Mr. Soll. Gen. Did he give you any reason why it was written with his own Hand Capt. Porter Because he would not trust his Ministers Mr. Soll. Gen. I would not do Sir William wrong in any respect I well rember Mr. Charnock
told him he had seen it but I would not offer that as an Evidence against the Prisoner But Captain Porter says Sir William Parkyns said he had seen it and said it was written with King James's own Hand And Mr. Porter says they had meetings at several places and he names you the places where the Nags 's Head Tavern the Sun Tavern in the Strand the Globe Tavern in Hatton-Garden and particularly that it was agreed that Mr. King that was executed and Mr. Knightly and himself should go and view a place that was most proper for the Assassination and they were to come and give an account what place they thought most proper And that accordingly they did go to view a place and came home at Night and met at the Sun Tavern in the Strand and Sir William Parkyns was there and there they gave an account what place they had viewed that was proper and all agreed to it He says indeed that Sir William Parkyns was not to execute this design in Person but one Scudmore was to be a Man to be employed And Sir William Parkyns did say it was very necessary to be done for that it would facilitate the introduction of K. James There is likewise concurring Evidence with Captain Porter he says that Sir William Parkyns was to procure five Horses three for himself to mount Men upon two to lend Mr. Porter to mount Men upon and if there were further occasion for Horses he could procure them from one Mr. Lewis Gentleman to the Lord Feversham Accordingly we have produced you three Witnesses Freeman Tartle c. and they give you an account that upon Friday the day before the fixt day designed for the Assassination there did come three Horses to Town from Sir Will. Parkyns but the business being put off upon a disappointment they were sent out of Town again to return the Friday afterwards the day before the Discovery Then four Horses were brought to Town and a fifth Horse was borrowed of this Lewis a Roan Gelding Sir Will. Parkyns Pray Sir observe what sort of Horses they were what heighth Mr. Soll. Gen. They were about fourteen hands high Sir William so four were brought to Town and the fifth was brought from Somerset-House so that there were the five Horses Captain Porter speaks of three whereof were to be mounted by Sir William Parkyn's own Men the other two were to be lent to Captain Porter to mount his Men. And this is concurring Witness to Captain Porter's Evidence and it is very near two Witnesses to prove this Species of Treason And then Captain Porter goes further and he proves that Sir William told him that he had a Commission to raise a Regiment of Horse and that he was providing so to do Then we call Mr. Sweet and he gives you an account that he had been acquainted with Sir William Parkins for three Years past and that talking with him about the King his present Majesty and sometimes about K. James he says the King was to Land very speedily and that he had a Troop consisting of old Soldiers and several Voluntiers to follow him He said he was to take a Journey into Leicester-shire and accordingly he went And when he return'd he told him he found the West as well inclined as the North. And this is all the Evidence we produce from Mr. Sweet Then to prove he did go into Leicester-shire we produce his Servants that he did go accordingly and met with several Persons What was done there they cannot prove but they corroborate Mr. Sweet's Testimony that he did go and we have all the reason to believe he went upon that design that Mr. Sweet said he did Then as a further concurring Evidence that he was to raise a Regiment or a Troop whether a Troop or Regiment is not material here is the matter of his Arms. There were four Dozen of Swords found in his House thirty two Carbines and five and twenty Cases of Pistols these were hid in his Garden We have trac'd these Arms and find they were sent from his House to Mr. Heywood's But there he thought they did not lye very safe therefore Sir William Parkins sent for them very privately and they were brought back to his House and there they were buried The same Person says he saw them taken up afterwards so that they were one and the same Arms that he sent away and that were afterwards buried in his House So that this is a concurring Evidence with what Mr. Sweet says and with what Captain Porter says And these are three Witnesses to that Treason he had a Commission to prosecute Now against all this he makes but very small Objection For the matter of two Witnesses he has been over-ruled by the Court. For the Arms he says they were in his House and he found them there when he came there first But of this he has no manner of Evidence But if they had been there when he came how came he at this time to secret them Why might they not have been as publick now as before He might have kept them and given some Reason why he did so But when he gives no manner of Reason why he secreted them he gives you a just Suspicion that they were for that end for which the Witnesses say they were designed that is to Arm that number of Men he was to raise that were to be ready to assist King James when he came to Land here So that if you believe what the Witnesses have sworn I think with Submission you cannot but find him guilty of the Crimes for which he stands Indicted Mr. Cooper My Lord Sir William Parkins has given us a good Caution which I shall take care to observe that is not to strain either Fact or Law to his Prejudice But my Lord when a Crime of this nature is so far proved against the Prisoner as no Man can acquit him in his Judgment then I think it is good Service to the Publick to make it so plain as to be out of doubt to the Juries Conscience and Satisfaction of all that think themselves concern'd in this Crime and that it is worth their while to hear this Tryal My Lord Sir William Parkins his Indictment is divided into Two Parts one that accuses him for Assassination The other to invite the French into this Kingdom and to meet them with an Armed Force For the first part I must do him that right there is but one positive Evidence for his being concern'd in the Assassination But that Evidence says he agreed to it in several Meetings and in one that he said it was necessary in order to the other Design he was ingaged in and that it would facilitate the Descent of the late King James into this Kingdom But that one Evidence is confirmed by several concurring Circumstances By his sending for his Horses to Town the day before the first Saturday that the King was to be Assassinated By his sending
Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court has recorded it You say that Sir William Parkins is Guilty of the High-Treason whereof he stands Indicted but that he had no Goods nor Chattels Lands nor Tenements at the time of the High-Treason committed or at any time since that you know of L. C. J. Holt. Discharge the Jury Cl. of Arr. Gentlemen The Court discharges you and thanks you for your Service L. C. J. Holt. Then we had best Adjourn the Court till five in the Evening Cl. of Arr. Cryer Make Proclamation Sir William Parkins My Lord if you please I desire I may have the liberty of Friends and Relations and a Minister to come to me and that they may be in private with me L. C. J. Holt. You shall have an Order of Court for the same Cryer Oyes Oyes Oyes All manner of Persons that have any thing more to do at this General Sessions of the Peace Sessions of Oyer and Terminer holden for the City of London and Goal-delivery of Newgate holden for the City of London and County of Middlesex may depart from hence for this time and give their Attendance here again at five in the Evening and so God save the KING About Six of the Clock the Lord Mayor Mr. Common Serjant and several Justices of the City of London returned into Court and Proclamation being made for attendance the Prisoner was brought to the Bar. Cl. of Cr. Sir William Parkins Hold up thy Hand Thou standest Convicted of High-Treason for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to Law Sir William Parkins I have nothing more to say Cl. of Cr. All manner of Persons are commanded to keep Silence while Judgment is giving upon pain of Imprisonment Then Sentence was Pronounced againct Sir John Friend and Sir William Parkins together Mr. Com. Serj. You the Prisoners at the Bar Sir John Friend and Sir William Parkins have been Indicted for High-treason in conspiring the Death of the King for Tryal thereof you have put your selves upon your Countrey which Countrey have found you Guilty The Crimes you are Convicted of are the greatest a Man can commit Murder and Robbery are Injuries but to private Persons But to contrive the Destruction of the King is letting in Ruin upon Thousands of People For Robbery and Murder there may be something pleaded for Justification as for private Revenge c. But to Set Conspire and Debate the Destruction of a Prince the best of Men the Father of his Countrey no Man ever had any colour of Excuse for that I would not add to your Unhappiness I am sorry for the severe Judgment that you have brought upon your selves All that remains for me to do is to Pronounce on you the Sentence And the Court doth award THat You and each of You be carried to the Place from whence you came and from thence be drawn on a Hardle to the Place of Execution and be there severally Hanged but cut down while you are alive that your Privy Members be cut off that your Bowels be taken out and burnt before your Faces that your Heads be sever'd from your Bodies and your Bodies be divided into four Quarters and your Quarters to be at the King's Disposal And the Lord have Mercy on your Souls Then the Court Adjourned to the 22d day of April FINIS A True Copy of the Papers delivered by Sir John Freind and Sir William Parkins to the Sheriffs of London and Middlesex at Tyburn the Place of Execution April the Third 1696. Sir JOHN FREIND 's Paper KNowing that I must immediately give Account to God of all my Actions and that I ought to be especially careful of what I say in these Last Hours I do solemnly profess That what I here deliver is from my very Soul with all the Heartiness and Sincerity of a Dying Christian The Cause I am brought hither to suffer for I do firmly believe to be the Cause of God and True Religion and to the best and utmost of my Knowledge and Information agreeable to the Laws of the Land which I have evermore heard do require a firm Duty and Allegiance to our Sovereign and that as no Foreign so neither any Domestick Power can alienate our Allegiance For it is altogether new and unintelligible to me that the King's Subjects can depose and dethrone him on any account or constitute any that have not an immediate Right in his place We ought I think not to do this and surely when it is done to assist him in the Recovery of his Right is justifiable and our Duty And however things may seem at present I do believe I am sure I heartily pray That he shall be one day Restored to his Rightful Throne and Dominions As for any sudden Descent of his Majesty upon these his Dominions in order to the Recovery of them I declare I had no certain knowledge of it nor can I tell what grounds there was to believe it so little reason had I to be in a present Preparation for it I suppose it is not expected I should here endeavour to clear my self of the Assassination which was not the Thing alledg'd against me however it was mention'd through what means I know not As it was insinuated to my disadvantage I forgive such as were therein instrumental And I do also from the very bottom of my Soul freely forgive and beg of God to do so too such as were any ways accessary towards the taking away my Life which I really look upon to be their Misfortune more than mine I profess my self and I thank God I am so a Member of the Church of England though God knows a most unworthy and unprofitable part of it of that Church which suffers so much at present for a strict adherence to Lovalty the Laws and Christian Principles For this I Suffer and for this I Dye Though I have a perfect Charity for people of all Professions and do heartily wish well and would endeavour so to do to all my Fellow-Subjects of what Persuasions soever And indeed I have met with a great deal of Uprightness and Sincerity among some people of very different Opinions in Religious Matters And I hope and desire it may not be taken as an uncharitable Censure or undue Reflection that I objected to the Legality of Popish Evidence being advised so to do for my better Security upon the foundation of a Statute Law Having owned my self a Member of the Church of England I must take this opportunity and I do it for God's Glory to apply my self to you that are Royalists of that Church and of the same Faith and Principles with my self And I beg of you for God's sake and the love of your Souls to be very constant and serious in all Religious Offices and holy Duties
The Keeper dare not keep a Copy of the Commitment from you you might have had a Copy of it Sir W. Parkins No body was permitted to come to me if I had had it but the very Goaler Mr. Baker I gave Sir William notice of his Tryal and he said The Time was short and he would Petition for longer time I told him it was appointed for that time and that I did believe he would not have longer Time given him L. C. J. H. We do not see any Reason to put off the Tryal upon these Suggestions Sir W. Parkins My Lord it is very hard I humbly beg the Favour that I may have Counsel allowed me I have no skill in Indictments I have no understanding in these matters I beg your Lordship to assign me Counsel L. C. J. H. You are not ignorant that Counsel has always been refused when desired in these cases Sir W. Parkins Here is a new Act of Parliament lately made L. C. J. H. That Act does not yet commence Sir W. Parkins It wants but one day L. C. J. H. It is not in our Power to take notice of it sooner We cannot make it commence a day before the time Sir W. Parkins Will your Lordship please that it may be read L. C. J. H. You shall have it read if you will Sir W. Parkins If your Lordship please Then the Act was read accordingly L. C. J. H. Sir William This Law has no effect as yet but the Law stands as it did before the making of that Act. Sir W. Parkins It is reasonable that I should have Counsel L. C. J. H. But Sir William we must go according to Law Sir W. Parkins My Lord the Law is grounded upon Reason and I have had such short notice that I could not have time to prepare to make my Defence I hope that which will be Reasonable to morrow is so to day And no doubt your Lordship may Order it especially when your Lordship sees how straight it is upon me that I cannot make my Defence L. C. J. H. We cannot go against Law We cannot make a Law but must go according to it Sir W. Parkins But it is just and reasonable the Act savs L. C. J. Holt. The Parliament have thought fit to make such a Law to commence the 25th of this Month and it is not Law till the Parliament have appointed it to be Law and we cannot make it commence before Sir W. Parkins If I had had convenient Notice I had been within the Compass of that Act and there is no other Man can want the Benefit of that Act but my self L. C. J. Holt. We cannot alter the Law but are bound by our Oaths to proceed according to the Law that is in being at present Sir W. Parkins Pray my Lord may not the Trial be put off for some little time I am utterly unprovided for making my Defence L. C. J. Holt. You do not name any Witnesses that you want nor the time you can have them in Sir W. Parkins I will name both if you please my Lord. Mr. Att. Gen. You have had as much Notice as any have had L. C. J. Holt. You have had as much Notice as Sir John Friend had yesterday Mr. Att. Gen. And as much as is necessary even after the Act of Parliament takes effect Sir W. Parkins Sir J. Friend was charged with single Facts about the time and I am charged with many things much more particular than he was Mr. Sol. Gen. My Lord this Act does not meddle with Notice of Trial but it continues the same as it was before L. C. J. Holt. No nothing at all Sir W. Parkins My Lord I hope you will be my Counsel L. C. J. Holt. So we will and do you all the Right we can Then the Petty Jury impannelled for his Trial was called and the Prisoner was informed by the Court that he might challenge 35 without Cause shewn and as many as he would assigning a good Cause Accordingly the Prisoner amongst others challenged two assigning as a Cause that they were the King's Servants But he was told by the Court that that was no Cause of Challenge but the King's Counsel did not insist on that if there were enough besides And this was said that it might not go for a Precedent that this is a sufficient Reason for a Challenge The Twelve that were sworn were William Northee Tho. Edlin Edward Gold Robert Sanderson Daniel Thomas Ralph Marsh Henry Whitchcott Joseph Whiston Robert Bampton Tho. Ems of Stanhopp Tho. Sutton Nicholas Rufford After which Proclamation for Information was made in usual manner Cl. of the Cr. Sir W. Parkins Hold up thy Hand which he did You Gentlemen of the Jury look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Sir William Parkins c. for that he as a false Traitor c. where the Indictment was again read Upon this Indictment he hath been Arraigned and thereunto hath pleaded not Guilty Your Charge is to enquire whether he be Guilty of the High Treason whereof he stands indicted or not Guilty If you find him Guilty then you are to inquire what Goods or Chattels Lands or Tenements he had at the time of the High Treason committed or at any time since If you find him not Guilty you are to enquire whether he fled for it If you find that he fled for it you are to enquire of his Goods and Chattels as if you had found him Guilty If you find him not Guilty nor that he did fly for it say so and no more Now hear your Evidence Sir W. Parkins My Lord. L. C. J. Holt. What say you Sir William Sir W. Parkins You were pleased to say that you would be my Counsel If your Lordship sees any Fault in my Indictment that may be any Advantage to me I desire your Lordship to inform me L. C. J. Holt I have read it and I observe none Mr. Mountague May it please your Lordship and you Gentlemen of the Jury This Indictment does contain as heavy an Accusation as ever was brought against any one For it charges the Prisoner not only with the traiterous Design of subverting the Government and of killing the King but also it charges the Prisoner with designing an Invasion upon these Kingdoms and an Assassination of the King's Person The Indictment sets forth that the Prisoner did meet with Mr. Charnock and other false Traitors and there it was agreed how to procure some French Forces to land here in England and also to raise a Rebellion against his Majesty within this Kingdom Mr. Charnock was sent as a Messenger from the Prisoner and the rest over to the late King James to acquaint him with this bloody Design and to desire him to procure and borrow of the French King as many Forces as he could spare to make this Descent upon these Kingdoms and to facilitate his Descent they promised to get as many
five Horses went out of Town in the Afternonn and he gave an account to his Servant that he intended to be in Town again about Sunday or Monday following Mr. Att. Gen. When came Mr. Lewis Turtle I do not know him by that Name but when I served the Earl of Oxford I knew him to be the same the Gentleman of Horse to the Lord Feversham Mr. Att. Gen. What time did he come Turtle He was there upon Saturday in the Yard but Sir William Parkins did not see him there L. C. J. Holt. You are askt when did Lewis come Turtle He was in our Yard the first time I saw him asking for Sir William Parkins if he were there Mr. Att. Gen. What time Turtle About Three in the Afternoon Mr. Att. Gen. Did you not see him before Turtle I saw him about an Hour before Sir William's Horses went away and I told him that when they returned again they were to go out of Town and designed to be in Town again on Sunday or Monday And on Sunday about three a Clock Mr. Lewis came to enquire if Sir William's Horses were come to Town I told him No. Again on Monday about Nine he came to the Tap-house and askt if I heard any thing of their coming I answered No. Mr. Att. Gen. How were they accoutred when they came to Town on Friday Turtle To the best of my knowledge two or three had Holsters and four or five Cases of Pistols Mr. Att. Gen. Did you observe any other Furniture Turtle I saw a pair or two of Jack-boots they rode in them the Groom rode in them Mr. Att. Gen. Did you see any more wrapt up Turtle No I did not Mr. Cooper Do you know what time the Horses were Saddled that day the Saturday that they went away Sir W. Parkins Let me ask you a Question or two You say you observed there were three or four Cases of Pistols Did you not observe that I always used to ride with Pistols Turtle Yes Sir I know very well you did Sir W. Parkins And for those Boots were there any more than two pair Turtle I saw but two pair Sir W. Parkins Was there not a Gentleman that came to Town with me We alighted at Mr. Homes's House and sent the Boots thither they were the Boots we rode in Turtle I know you use to ride with three or four Cases of Pistols Sir W. Parkins And were not those small Horses What sized Horses were they Not one of them above fourteen Hands and a half some under fourteen they were Horses I used to ride upon Mr. Soll. Gen. Did you ever see Sir William come with so many before Turtle There used to be some at the Sword and Buckler Mr. Att. Gen. How many there Turtle Four or five at a time He has come with five or six at a time when he used to come with a Coach and four Horses Mr. Att. Gen. How long since Turtle Seven or eight Years ago Mr. Att. Gen. How long have you lived at the George Inn Turtle I have lived there about three Years Mr. Att. Gen. Did you observe any other Horses come in there Turtle There were two or three Horses that were pretty sizable Mr. Att. Gen. Whose were they Did any body own them Turtle Yes there was a Man that seemed to own them that paid for their Meat Mr. Att. Gen. Did you know who that was Turtle Truly I did not know him I never saw him in my life before Mr. Soll. Gen. Sir William have you any Questions to ask him L. C. H. Holt. Sir William Parkins the Attourney and King's Witnesses have done now is your time to make your Defence Sir W. Parkins I rely upon your Lordship I am ignorant I know not how to defend my self Your integrity is such that I depend upon your Lordship to Sum up the Evidence to the Jury As to the Assassination there is but one Witness and that is Captain Porter and he declares I had no hand in it but only to furnish four or five Horses but not any thing that I did L. C. J. Holt. Yes yes You agreed to that Resolution in several Debates that it was necessary to take off the King Sir W. Parkins I deny it But there is but one Witness against me and the Law says there shall be two as to one Overt-Act and as to the Assssination there is only Captain Porter and no other L. C. J. Holt. Well well that is true Sir W. Parkins As to the Regiment Captain Porter does not say I was to raise a Regiment but that he was told by a Gentleman that I was desired to be in this matter but I could not for I had other business to do L. C. J. Holt. Yes yes he said you had a Commission and had bought 30 Saddles and had a Troop Sir W. Parkins Who said that my Lord Mr. Att. Gen. Mr. Porter said you told him you had a Commission to raise a Regiment and you told Sweet your Troop did consist of old Soldiers and several Voluntiers besides Sir W. Parkins Still nothing of a Regiment I did not tell him I had raised a Troop or was to raise a Regiment but that I told him my Troop would consist ay would consistdf L. C. J. No that you had bought 30 Saddles and that your Troop did consist of old Soldiers and that you did go into Leicestershire and told him how disposed in Leicestershire they were to your design and that the West stood as well affected as the North. Sir W. Parkins That I went into Leicestershire and met several Gentlemen I hope this is no Evidence of Treason He says I said they were well disposed he did not say well disposed to King James Pray my Lord call him again L. C. J. Holt. Let Mr. Sweet be called Mr. Soll. Gen. Mr. Sweet What did Sir William Parkins tell you of Leicestershire Mr. Sweet He said he had been there and met his Friends and all was well L. C. J. Holt. Did he name King James Mr. Sweet No not King James at that time Mr. Soll. Gen. What was the discourse Mr. Sweet He named not King James but only mentioned the King's interest L. C. J. Holt. What did you understand by that Mr. Sweet I understood him always King James He said the West was as well inclined to the King's Interest as the North. Mr. Att. Gen. What did he tell you he was to go about Mr. Sweet He said he was to meet some Friends in the North and that some came as far to meet him as he went to meet them Mr. Att. Gen. At the time he said he was to go to Leicestershire to meet his Friends was it at that time he had discourse with you about King James Landing Mr. Sweet No Sir Mr. Att. Gen. When Captain Scudmore was with him had you discourse with him before Mr. Sweet No Sir I never saw Captain Scudmore before in my life Mr. Att. Gen. But when your
is but one Evidence and there ought to be two Witnesses but here is but one L. C. J. Holt. There are two as to that Particular But I must tell you Sir William Parkins if any Person does design and contrive that the Realm be invaded the King deposed and another set upon the Throne that is Treason and the same Species of Treason within the 25th of Edw. 3. as that of imagining compassing and designing his Death and Destruction is Now the question is Whether there be another Witness to prove Overt-Acts of this design Sir W. Parkins I do not conceive there is the rest is but of words L. C. J. Holt. That you bought Arms. Sir W. Parkins But that does not appear nor wherefore they were bought L. C. J. Holt. What occasion had you for such a quantity of Arms Sir W. Parkins After all I did not buy those Arms and I could prove to your Lordship if I had time that those Arms were in Boxes and all rusty when I came first to my house in Warwickshire L. C. J. Holt. But why were they bury'd in your Garden they were at Mr. Heywood's house before and removed by your direction and then carry'd to your own House and bury'd in the Garden just when the Plot broke out Sir W. Parkins My Lord It is easily imagined that no body at such a time would care to have it known that he had Arms tho' never so innocent found upon him at that time Mr. Soll. Gen. But you had Horses and Holsters and Furniture for Horses Sir W. Parkins I used to come with three or four Horses according as I had Friends or Servants with me and I never used to keep less than seven or eight Horses this twenty Years and sometimes more and they were little Horses and no way fit for that service that is pretended L. C. J. Holt. Have you any thing more to say Sir William Sir W. Parkins I hope as to the Assassination I am clear Perhaps the World may think I have had an Inclination to King James and perhaps they may not think amiss in it but I never had any opportunity of doing any thing nor never did any thing for him And I hope by Interpretations my Life shall not be taken away and I cannot believe it will please the King that I be found guilty upon slight Grounds L. C. J. Holt. No question it will better please the King and every body else rather that you be found innocent than guilty if you be not guilty Sir W. Parkins Therefore I hope you will not find me guilty upon Inferences according to that old saying Better five guilty Men escape than one innocent Man suffer L. C. J. Holt. You are under a mistake in thinking it necessary to have two Witnesses to one Overt-Act for if one Witness be to one and another to another of the same Species of Treason it is all the Law requires Sir W. Parkins But this is not the same Species of Treason Levying War is one thing and Assassinating is another L. C. J. Holt. But your design originally was restoring King James and deposing King William Sir W. Parkins That appears but by one Witness L. C. J. Holt. One way by Assassination the other by Invasion Sir W. Parkins Still it is but one Witness my Lord. L. C. J. Holt. One Witness it is two Witnesses for the design of the Invasion and restoring of King James Sir Will. Parkins Two Witnesses To what particular my Lord I beg your Lordship but one besides Circumstances L. Ch. Just Holt. You said the King would come Sir Will. Parkins So my Opinion was L. Ch. Just Holt. No not your Opinion you said you had his Word for it Sir Will. Parkins Was it possible for that to be true Which way should I have his Word when I was not out of England L. Ch. Just Holt. But you had Horses and Arms and a Troop and you bought Saddles you had Thirty Saddles in order to furnish a Troop Sir Will. Parkins Does any Body swear it was in order to that L. Ch. Just Holt. When you talkt of the King 's Landing and that you had his Word for it at the same time you had Thirty Saddles and you said your Troop did consist of old Soldiers Sir Will. Parkyns It wou'd be but it was not done I hope your Lordship will consider that The preservation of Subjects I hope will be more acceptable than the destruction of them L. Ch. Just Holt. We will do the King right and you too The King and Kingdom is very nearly concerned at this time Sir William have you any more to say Sir Will. Parkyns I think there is but one Witness and all the rest is nothing but Words and one Witness is not sufficient by the Law of England This is all I have to say L. Ch. Just Holt. I have told you my Opinion Sir Will. Parkyns My Lord your Lordship has known me many years my way was not for fighting but the Gown I was always a peaceable Man all my time and very unlike this all my time And now in my Old Age that I am troubled with the Gout and have lost the use of my Right Hand it is very unlikely that I should do such a thing as this Therefore I hope you will interpret all in a milder Sense and that you will be favourable to me and not inrerpret any thing to my destruction And so I humbly submit L. Ch. Just Treby Sir William my Lord Chief Justice desires to have our Opinion We ought to be tender in case of Blood your Life is at stake and we ought to be very careful concerning it But in matters of Treason the Life of the King and of all the People are likewise at stake We must be indifferent in this case and by the Grace of God I will be so The Question you propose is Whether there be Two Witnesses in this Case for the matter you are Indicted for The matter is compassing and imagining the King's Death There is one Witness that does positively prove that you did agree to that design of Assassinating the King's Person and that you did promise provide and Contribute to furnish Horses and Men for that Action This is proved but by One Witness it is true and if it went no further you Objection would have good ground there would be a defect of another Witness But this compassing the King's Death may be made more evident by other Overt-Acts besides that of Assassinating The Conspiring with a Foreign Prince to invade this Kingdom and providing Arms are Overt-Acts to compass the King's Death for it cannot be supposed but that he that would have an Insurrection and Invasion here against the Person of the King did intend the destruction of the King He that would take away his defence and leave him to his mortal Enemies he can have no design that the King should survive and call him to an account and render
this King and set up the late King upon the Throne that had been High-treason within the Statute of Edw. 3d. that were an Overt-act to prove a Design for the Deposing of King William So that if the Assassination were out of the Case there had been a full Proof if Mr. Sweet does prove any such matter which by and by is to be considered But then supposing the meeting at the Kings-Head and at Mrs. Mountjoys had been omitted then the Case had been no more than this than a design to Depose the King that is an Overt-act of a design to Depose the King never that I know contradicted But then there is several ways thought of First the Design was by Arms without any relation to killing the King but only by Arms. Then they come to think further and to consider that the late King James cannot be Restored unless King William be Killed and then they determine upon That Now the design of Restoring the late King by Arms is one Overt-act And the design of Assassinating the King is another Overt-act So although the Law does require there should be two Witnesses to the same sort of Treason yet the Law does not require two Witnesses to every Overt-act For if one Witness prove one Overt-act and another Witness prove another Overt-act there is two VVitnesses within the meaning of the Statute And that has been always practical and never denied that I know of Besides as my Brother mentioned before the New Act of Parliament that has not yet taken Effect says that there shall be one Witness to one Overt-act and another to another of the same Species of Treason Now it doth appear that these are Overt-acts of the same Species of Treason But then Sir William Parkins does object that Mr. Sweet and the other Witnesses besides Capt. Porter do not prove any Overt-act against him at all Now then you are to consider the force of Mr. Sweet's Evidence and I will open to you first the Discourse at Christmas about the late King James's Landing He told him he had his word for it and that his Troop consisted of such a Number and his providing of Arms. He says these are only Words Now then consider also whether these words are not Overt-acts That Sir William Parkins had Arms beyond what he as a Private Man had occasion to use that is most plain he does not give any account about it He says he wants Witnesses and that he had not time to provide Witnesses he does not give any account to what purpose he should have them or what he was to do with them Being a private Man certainly he had not occasion for these Arms. Then the removing these Arms to Mr. Heywood's House and then afterwards carrying them away in the Night to his own House and burying them a little after the Plot was discovered then what kind of Arms these were If providing of Arms were an Overt-act having of Arms was certainly an Overt-act And then Gentlemen he had a Troop his Troop consisted of old Soldiers and he had Arms. Now Mens Discourses and Words must explain their Actions An indifferent Action may be explained by words it is Lawful for a Man to Buy a Horse and Pistols but if he tell any one he will buy a Pistol and with that immediately go and Murther the King If he tell you he will buy a Horse and go with it and lie in wait for the King and kill the King There his own words are an Explication what he bought his Horse and Pistol for Now when he says the late King is to Land and Arms are found upon him I must leave it to your Consideration to what purpose he would use his Arms seeing he gave no account what they were for But he tells you he found them at his House in Warwickshire two Years ago But to have such a quantity of Arms was no way suitable to the Circumstances he was in Then another thing was his going into Leicestershire with Capt. Scudmore there meets him one Mr. Yarbury And he comes back on Thursday and home to Bushy on Monday Night and tells Mr. Sweet he found the Gentlemen of that Country were very well affected to the King as well affected in the West as they were in the North. What King must he mean He had no Commission from King William he does not pretend to it to go into Leicestershire to know the Minds and Affections of Men there he had no Authority from King William to go upon such a design And then speaking that the King would Land whether he means King James or no I must leave it to your Consideration It is very true it is not fit that there should be any strained or forced Construction made when a Man is upon a Trial for his Life that is out of question you ought to have very satisfactory Evidence to convince you that a Prisoner is guilty of what he is charged with But however you are to consider not only the things but the Circumstances that do attend those things and the Circumstances Men are under when they do or act any thing whatsoever For to pretend in this case that Sir William Parkins went to know the Affections of the People in Licestershire to King William and that he meant those in the West were as well affected to him as those in the North cannot be imagined And Mr. Sweet tells you that always when he did speak of the Kings Landing he understood him to mean the Late King James And indeed that must be meant For King William was in England and Landed before and it does not appear that Sir William Parkins had any design to engage himself in King William's Service So that I must upon the whole matter leave it to your own consideration If you are satisfied that Sir William Parkins is guilty of this Matter wherewith he is charged then you are to find him Guilty You have heard the Evidence and you are to consider of it If you are not satisfied in the matter for which he stands charged in the Indictment then you are to acquit him Then the Jury withdrew to consider of their Verdict and an Officer was Sworn to keep them according to Law till agreed and about a quarter of an Hour afterwards they returned into Court and the Prisoner was brought to the Barr. Clerk of Arr. Gentlemen Answer to your Names William Northey Mr. Northey Here and so of the rest Cl. of Arr. Gentlemen Are you agreed of your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkins 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 that we know of Goaler
of Divine Worship and Service which I have too much neglected as I own to my great Sorrow Let no Excuse no Dangers prevent or hinder you in these most necessary and serious Matters and be I beseech you very careful and circumspect in all your Actions Behaviour and Conversation as I earnestly exhorted all that came to me I have I thank God a great deal of Satisfaction in my present Sufferings and have found it so ever since I have been under them And blessed be God it doth continually increase upon me And I do now lay down my Life with all Chearfulness and Resignation in sure and certain Hope of a Resurrection to Eternal Life through our Lord Jesus Christ through whose Merits alone I hope for the Pardon of my Sins and the Salvation of my Soul And so O Lord into thy Hands I commend my Spirit for thou hast redeemed me O Lord thou God of Truth And I do heartily and humbly beseech Thee Almighty God and my most Gracious Father to forgive and bless this Sinful Nation Deliver it from the Guilt of Rebellion Blood and Perjury that is now on all sides more than ever and from all those other Hainous Sins which cry aloud Preserve and Bless this Church Comfort our Distressed King Restore him to his Right and his Misled Subjects to their Allegiance Bless also his Royal Consort Our Gracious Queen Mary his Royal Highness the Prince of Wales That he may grow in Stature and in Favour with God and Man Support and Strengthen all those that suffer in any kind for a good Cause give them Patience under all their Afflictions and a happy Deliverance out of them Forgive all mine Enemies Pardon my former neglect and remissness in Religious Worship and Holy Duties and all the Sins I have been guilty of to this very moment Consider my Contrition Accept my Tears And now thou art pleased to take me hence take me into thy Favour and grant that my Soul may be without spot presented unto Thee through the Merits of thy most dearly Beloved Son Jesus Christ our Lord. Amen John Freind Sir WILLIAM PARKINS's Paper IT hath not been my custom to use many words and I shall not be long upon this Occasion having Business of much greater Consequence to employ my thoughts upon I thank God I am now in a full disposition to Charity and therefore shall make no Complaints either of the Hardships of my Trial or any other Rigours put upon me However one circumstance I think my self obliged to mention it was Sworn against me by Mr. Porter That I had own'd to him that I had Seen and Read a Commission from the King to Levy War upon the Person of the Prince of Orange Now I must declare That the Tenour of the King's Commission which I saw was general and directed to all his Loving Subjects to Raise and Levy War against the Prince of Orange and his Adherents and to Seize all Forts Castles c. which I suppose may be a customary Form of giving Authority to make War but I must confess I am not much acquainted with Matters of that nature But as for any Commission particularly levelled against the Person of the Prince of Orange I neither saw nor heard of any such It 's true I was privy to the Design upon the Prince but was not to act in it and am fully satisfied that very few or none knew of it but those who undertook to do it I freely acknowledge and think it for my Honour to say that I was entirely in the Interest of the King being always firmly perswaded of the Justice of his Cause and looked upon it as my Duty both as a Subject and an English-man to Assist him in the Recovery of his Throne which I believed him to be Deprived of contrary to all Right and Justice taking the Laws and Constitutions of my Country for my Guide As for my Religion I Dye in the Communion of the Church of England in which I was Educated And as I freely Forgive all the World so whoever I may any ways have injured I heartily ask them Pardon William Parkins