The tryal and condemnation of Sir William Parkyns, kt., for the horrid and execrable conspiracy to assassinate His sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason, at the sessions-house in the Old-Baily, March 24, 1695/6 : together with a true copy of the papers delivered to the sheriffs of London and Middlesex, by Sir J. Freind [sic] and Sir W. Parkins, at the place of execution. Parkyns, William, Sir, 1649?-1696, defendant. 1696 Approx. 208 KB of XML-encoded text transcribed from 20 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A63153 Wing T2153 ESTC R17270 12656224 ocm 12656224 65373 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A63153) Transcribed from: (Early English Books Online ; image set 65373) Images scanned from microfilm: (Early English books, 1641-1700 ; 677:11) The tryal and condemnation of Sir William Parkyns, kt., for the horrid and execrable conspiracy to assassinate His sacred Majesty King William, in order to a French invasion of this kingdom who upon full evidence was found guilty of high treason, at the sessions-house in the Old-Baily, March 24, 1695/6 : together with a true copy of the papers delivered to the sheriffs of London and Middlesex, by Sir J. Freind [sic] and Sir W. Parkins, at the place of execution. Parkyns, William, Sir, 1649?-1696, defendant. Friend, John, Sir, d. 1696. England and Wales. Court of Oyer and Terminer and Gaol Delivery (London and Middlesex). [2], 5-39, [1] p. Printed for Brabazon Aylmer ..., London : 1696. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Parkyns, William, -- Sir, 1649?-1696. Friend, John, -- Sir, d. 1696. Trials (Treason) -- England. 2006-01 TCP Assigned for keying and markup 2006-02 Apex CoVantage Keyed and coded from ProQuest page images 2006-05 John Latta Sampled and proofread 2006-05 John Latta Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion I Do Appoint Brabazon Aylmer to Print and Publish the Tryal of Sir William Parkyns , and that no other Person do Print the same . HOUBLON , Mayor . THE TRYAL AND CONDEMNATION OF Sir William Parkyns , Kt. FOR THE Horrid and Execrable Conspiracy To ASSASSINATE His Sacred Majesty King WILLIAM , In Order to a French Invasion of this Kingdom : Who upon full Evidence was found Guilty of HIGH-TREASON , AT THE Sessions-house in the Old-Baily , March 24. 1695 / 6. Together with a True Copy of the Papers delivered to the Sheriffs of London and Middlesex , by Sir J. Freind and Sir W. Parkins , at the Place of Execution . LONDON : Printed for Brabazon Aylmer , at the Three Pigeons over against the Royal Exchange in Cornhil , MDCXCVI . THE TRYAL OF Sir William Parkins , K nt . On Tuesday the 24th . of March , 1695 / 6 , AT THE Sessions-House in the Old-Bayly , London . The COURT ( according to their Adjournment the preceeding day ) met , and proceeded to the Tryal of Sir William Parkins , in this manner . Clerk of the Crown . SET Sir William Parkins to the Bar. Sir W. Parkins , My Lord , If Your Lordship please , My Wife came to see me in Prison , and sent a Trunk , with some Linnen , and other Things necessary for my use ; And the Sheriffs of London finding them , have seized , and detain them : And I desire Your Lordship would please to Order them back again . The Trunk has in it many necessaries , and all things have been torn from me : And I beg the favour of Your Lordship , to Order it to be delivered back to me . Mr. Sheriff . My Lord , If Your Lordship please , We were sent for to Mr. Secretary Trumbal's office ; and there was a Trunk opened , with Plate and Houshold Linnen : And Mr. Secretary was pleased to deliver the said Trunk into our hands , and to take my Brothers Hand in a Rec●ipt for it . We found it in the Secretaries Office , and had a Warrant to bring it down . L. Ch. J. Holt. I believe your Trunk was seized in order to search for Treasonable Papers . Sir W. Parkins . Yes , My Lord , I believe it was . I hope it shall be delivered back again . L. Ch. J. H. What was in it ? Mr. Sheriff . There was Diaper Linnen , and some other things , and about an Hundred and F●●ty Ounces of Plate . We had it from Mr. Secretary Trumbals Office , we did not seize it , but fo●nd it in his Office , and brought it down . L. C. J. Holt. He must have it again , he ought to have wherewithal to subsist , and for his necessar● support while in Prison ; let the Plate be sold , for his support while he is in Prison . Care shall be ●aken of it , Sir William . Sir William Parkins My Lord , I have nothing to subsist on , unless I can make something of what is there . My Wife lacks necessaries , and I have Four Children , and we have nothing to subsist on . L. C. J. Holt. Had you sent and complained of this before , care should have been taken about it . Sir W. Parkins . My Lord , I was told there was a Petition to Your Lordship , and they talkt of an Order from the Council ; but when I came to inquire , there was no Order of Council , only to search and examine it . L. C. J. Holt. I heard nothing of it , Let the Money be advanced ; care shall be taken of it . Sir W. Parkins . I thank your Lordship . Cl. of the Cr. Sir William Parkins , Hold up thy Hand ; which he did . Thou standest Indicted , &c. The Substance of the INDICTMENT . London , ss . THE Jurors , &c. Present . That whereas an Open , Notorious , Publick and Cruel War for a great Time hath been , and yet is Carried on and Prosecuted by Land and by Sea by Lewis the French King , against the most Serene , Illustrious and Excellent Prince , our Lord , WILLIAM the Third , by the Grace of God , of England , Scotland , France and Ireland , King , Defender of the Faith , &c. During all which time the said Lew is the French King , and his Subjects , were , and yet are Enemies of our said Sovereign Lord the King , and His Subjects , One Sir William Parkins , late of the County of Middlesex , a Subject of this Kingdom of England , well knowing the Premisses , the Fear of God in his Heart not having , nor weighing the Duty of his Allegiance , but being moved and seduced by the Instigation of the Devil , as a false Traytor against the said most Serene and Excellent Prince , WILLIAM the Third now King of England , &c. his Supream , True , Natural and Vndoubted Lord , the Cordial Love , and True and Due Obedience and Allegiance which every Subject of our said Lord the King towards Him doth bear , and of right ought to bear , withdrawing and intending to extinguish , and minding , and with all his strongth designing and endeavouring the Government of this Kingdom of England , under Him of Right Duly and Happily Established , altogether to Subvert , Change and Alter , and His Faithful Subjects and Freemen of this Kingdom of England to Subjugate and Enthrall , in an intolerable and miserable Servitude to the French King , on the First of July , in the Seventh Year of the Reign of our said Sovereign Lord the King , and divers other Dayes and Times , as well before as afterwards , in Covent-Garden and elsewhere , in the County of Middlesex , Falsly , Maliciously , Devilishly and Traiterously , did Compass , Imagine , Contrive and Intend , our said Sovereign Lord the King that now is , then his Supream , True , Natural and Lawful Lord , of and from His Regal State , Title , Honour , Power , Crown Imperial and Government of this Kingdom of England , to Depose and altogether Deprive , and Him to Kill and Murder ; and to move excite and procure , and Aid the said Lewis the French King and his Army , this Kingdom to Invade , &c. and to make and cause a miserable Slaughter amongst the Faithful Subjects of our said Sovereign Lord the King. And that he the said William Parkins to the said Enemies of our said Sovereign Lord the King , then and there , was Adhering and Assisting ; And the same most Wicked and Devilish Treasons , &c. to fulfil , &c. and in prosecution , &c. of that Traiterous Adhesion , he the said William Parkins as such a false Traitor during the War afo●esaid , ( viz. ) upon the First day of July in the Year aforesaid , and at other Dayes and Tim●s , as well before as afterward , in Covent-Garden and elsewhere in the County of Middlesex , ●id Falsly , Maliciously , &c. and with Force and Arms with one Robert Charnock , lately Convi●ted of Treason , and with divers other false Traytors , to the Jurors aforesaid unknown , did M●et , Propose , Consult , and Agree , to Procure from the said Lewis the French King , Forces , ●ubjects and Souldiers , great numbers , &c. this Kingdom of England to Invade ; and to Levy , ●rocure and Prepare great Armies and Armed Men against our said Sovereign Lord the King , ●● be raised and formed ; and with the Enemies aforesaid , to and upon such Invasion and Ingress● into this Kingdom of England , to joyn and unite Rebellion and War against our said Sovereign Lord the King , within this Kingdom of England , to make , levy , and wage , our said Sovereign Lord the King to depose , &c. And further , with the said false Traytors , on the First day of July in the Year aforesaid , in Covent-Garden aforesaid , Traiterously did Consult , Consent and ●gree , to send the said Robert Charnock , as a Messenger from him the said Sir William Parkins , and the said other Traytors , to the Jurors unknown , to and into the Kingdom of France , &c. to the late King James , to Propose , Ask and Obtain from the said Lewis the French King , the Forces and Armed Men aforesaid , for the Invasion aforesaid to be made , and to give and deliver to the said King James , and other the said Enemies and their Adherents , Intelligence and Notice of such Traiterous Intentions and Adhesion , and all other particular Matters , &c. relating thereunto : And also Intelligence from them of the said intended Invasion , and other things and circumstances concerning the Premisses to receive , &c. And in order to the better Assistance , &c. of the said Enemies of our said Sovereign Lord King WILLIAM , in the War aforesaid : And to excite and procure the said Enemies of our said Sovereign Lord the King , the more readily and boldly to Invade this Kingdom of England , and the said Treasons , &c. of him the said Sir William Parkins , to perfect and bring to pass , &c. he the said Sir William Parkins during the War aforesaid , did ( viz. ) on the 10th day of February , with the said Robert Charnock and others , meet , consult , &c. our said Sovereign Lord King WILLIAM , by lying in wait to Assassinate , Kill and Murder ; and this execrable Assassination the easier to fulfil and bring to pass , did prepare and consult with other false Traytors , of the wayes , means and methods , and of the time and place when and where , and in what manner , viz. by lying in wait they might more easily kill and slay our said Sovereign Lord the King ; and did Consent and Agree with the said false Traytors , that Forty Men and Horses , part of the Traytors aforesaid , some of them by the said Sir William Parkins to be procured , with Musquets , Carbines and Pistols , charged with Gunpowder , and loaden with Bullets , and with Swords and other Arms , to lye in Wait and Ambush against our said Sovereign Lord the King in His Coach , being when He should go abroad a Hunting , to set upon and Murder , while others so Armed , the Guards attending upon Him should Kill and Murder : And that he did take upon him to provide Five Horses for those Men who should Kill and Murder our said Sovereign Lord the King : And also that he the said Sir William Parkins , the said Treason and Trayterous Conspiracies to execute , &c. afterward , to wit , the Day and Year last abovesaid , divers Arms , Musquets , Carbines , Swords , and other Arms , &c. Falsly , Maliciously , Secretly and Trayterously , did obtain and buy , collect and procure , and cause to be obtained , &c. and in his Custody had and kept , with Intention the same in and about the Detestable , Horrid and Execrable Assassination , Killing and Murdering of our said Sovereign Lord the King , and in the said Invasion to employ . And also the said Trayterous Imaginations the better to bring to pass , he the said Sir William Parkins , in the Parish aforesaid , divers Souldiers and Armed Men , and Men ready to be Armed when the said Assassination should be , did levy , enroll and retain , and cause to be levyed , enrolled and retained : And those said Souldiers and Armed Men thus Levyed , Enrolled and Retained , the Treasons aforesaid to bring to pass , then and there ordered to be in a readiness to be used and imployed , &c. against the Duty of his Allegiance , and against the Peace of our said Sovereign Lord the King that now is , His Crown and Dignity ; as also against the Form of the Statute in that Case Made and Provided . Cl. of Cr. How say'st thou , Sir William Parkins , Art thou guilty of this High Treason , whereof thou standest Indicted , or not guilty ? Sir W. Parkins . Not guilty . Cl. of Cr. Culprit , How wilt thou be Tryed ? Sir W. Parkins . By God and my Countrey . Cl. of the Cr. God send thee a good Deliverance . Sir W. Parkins , I beg your Lordships favour for a word or two . My Lord , I have been kept in hard Prison . I was Committed , and no Body was permitted to come to me till Friday last . And being here Charged with divers Facts , it was necessary for me to have divers Witnesses ; and they are disperst : And therefore I beg of Your Lordship that my Tryal may be put off , that I may get my Witnesses together . L. C. J. Holt. When had you notice of your Tryal ? Sir W. Parkins . On Wednesday last in the Afternoon I had notice , and not before then . But being kept so close Prisoner , I had not the opportunity of any Council till Friday at Noon ; and then it being but two days , and I in distress and hardship , it was impossible for me to get my Witnesses together . L. C. J. Holt. What Witnesses do you want ? Sir W. Parkins . I have divers Witnesses to prove where I was from time to time , when these things were done that are charged upon me ; but they are out of Town , and I cannot get them together in so short a time . L. C. J. Holt. When had he Notice ? Mr. Baker . He had Notice on Wednesday last in the Afternoon . Mr. Sollicitor Gen. Mr. Baker , How was it that he had not Counsel sooner ? Mr. Baker . I told him last Wednesday , that I would procure an Order for Counsel , and he should have it the next Morning ; and Mr. Burley came to me the next Morning , and had the Order . L. C. J. Holt. You were told on Wednesday you might have what Counsel you would , and you had an Order on Thursday . Sir W. Parkins . My Lord , I could not have any , without application to the Court at White-Hall , and no Body came to me , and it was Friday before any Body came to me . L. C. J. Holt. You had your Sollicitor , you might have imployed some Body , and have sent for your Witnesses ; you might have told your Sollicitor , and he would have come to me . Sir W. Parkins . I could not get him till Thursday , and I had no Body to send . L. C. J. Holt , If you had spoke to the Keeper , he would have sent . Sir W. Parkins . I did it as soon as I could : The Keeper was not always in the way . It was Execution day , and he was not at home that day . L. C. J. Holt. You say you have divers Witnesses , but name none . How long is it since you were Committed ? Sir W. Parkins . This Day Fortnight I was Committed : A Fortnight ago , My Lord. L. C. J. H. And the Commitment charges you with High Treason . Were you not committed for High Treason ? Sir W. Parkins . I never saw the Commitment . Mr. Sollicitor Gen. My Lord , he had fair time ; for he saw his Name in the Proclamation long before he was committed : He might have prepared from that time . L. C. J. H. The Keeper dare not keep a Copy of the Commitment from you ; you might have had a Copy of it . Sir W. Parkins . No body was permitted to come to me , if I had had it , but the very Goaler . Mr. Baker . I gave Sir William notice of his Tryal ; and he said , The Time was short , and he would Petition for longer time . I told him it was appointed for that time , and that I did believe he would not have longer Time given him . L. C. J. H. We do not see any Reason to put off the Tryal upon these Suggestions . Sir W. Parkins . My Lord it is very hard . I humbly beg the Favour that I may have Counsel allowed me . I have no skill in Indictments , I have no understanding in these matters ; I beg your Lordship to assign me Counsel . L. C. J. H. You are not ignorant , that Counsel has always been refused , when desired in these cases . Sir W. Parkins . Here is a new Act of Parliament lately made . L. C. J. H. That Act does not yet commence . Sir W. Parkins . It wants but one day . L. C. J. H. It is not in our Power to take notice of it sooner : We cannot make it commence a day before the time . Sir W. Parkins . Will your Lordship please that it may be read ? L. C. J. H. You shall have it read , if you will. Sir W. Parkins . If your Lordship please . Then the Act was read accordingly . L. C. J. H. Sir William , This Law has no effect as yet ; but the Law stands as it did before the making of that Act. Sir W. Parkins . It is reasonable that I should have Counsel . L. C. J. H. But , Sir William , we must go according to Law. Sir W. Parkins . My Lord , the Law is grounded upon Reason ; and I have had such short notice , that I could not have time to prepare to make my Defence . I hope that which will be Reasonable to morrow , is so to day : And no doubt your Lordship may Order it , especially when your Lordship sees how straight it is upon me , that I cannot make my Defence . L. C. J. H. We cannot go against Law : We cannot make a Law , but must go according to it . Sir W. Parkins . But it is just and reasonable , the Act savs . L. C. J. Holt. The Parliament have thought fit to make such a Law to commence the 25th of this Month ; and it is not Law , till the Parliament have appointed it to be Law , and we cannot make it commence before . Sir W. Parkins . If I had had convenient Notice , I had been within the Compass of that Act , and there is no other Man can want the Benefit of that Act but my self . L. C. J. Holt. We cannot alter the Law , but are bound by our Oaths to proceed according to the Law that is in being at present . Sir W. Parkins . Pray , my Lord , may not the Trial be put off for some little time ? I am utterly unprovided for making my Defence . L. C. J. Holt. You do not name any Witnesses that you want , nor the time you can have them in . Sir W. Parkins . I will name both , if you please , my Lord. Mr. Att. Gen. You have had as much Notice as any have had . L. C. J. Holt. You have had as much Notice as Sir John Friend had yesterday . Mr. Att. Gen. And as much as is necessary , even after the Act of Parliament takes effect . Sir. W. Parkins . Sir. J. Friend was charged with single Facts , about the time ; and I am charged with many things , much more particular , than he was . Mr. Sol. Gen. My Lord , this Act does not meddle with Notice of Trial , but it continues the same as it was before . L. C. J. Holt. No , nothing at all . Sir W. Parkins . My Lord , I hope you will be my Counsel . L. C. J. Holt. So we will , and do you all the Right we can . Then the Petty Jury impannelled for his Trial was called , and the Prisoner was informed by the Court that he might challenge 35 , without Cause shewn , and as many as he would , assigning a good Cause . Accordingly the Prisoner , amongst others challenged two , assigning as a Cause , that they were the King's Servants . But he was told by the Court that that was no Cause of Challenge ; but the King's Counsel did not insist on that , if there were enough besides . And this was said , that it might not go for a Precedent , that this is a sufficient Reason for a Challenge . The Twelve that were sworn , were , William Northee , Tho. Edlin , Edward Gold , Robert Sanderson , Daniel Thomas , Ralph Marsh , Henry Whitchcott , Joseph Whiston , Robert Bampton , Tho. Ems , of Stanhopp . Tho. Sutton . Nicholas Rufford . After which , Proclamation for Information was made in usual manner . Cl. of the Cr. Sir. W. Parkins , Hold up thy Hand , ( which he did ; ) You Gentlemen of the Jury look upon the Prisoner , and hearken to his Cause : He stands indicted by the Name of Sir William Parkins , &c. for that he as a false Traitor , &c. ( where the Indictment was again read . ) Upon this Indictment he hath been Arraigned , and thereunto hath pleaded not Guilty . Your Charge is to enquire whether he be Guilty of the High Treason , whereof he stands indicted , or not Guilty . If you find him Guilty , then you are to inquire what Goods or Chattels , Lands or Tenements he had at the time of the High Treason committed , or at any time since . If you find him not Guilty , you are to enquire whether he fled for it : If you find that he fled for it , you are to enquire of his Goods and Chattels , as if you had found him Guilty : If you find him not Guilty , nor that he did fly for it , say so , and no more . Now hear your Evidence . Sir W. Parkins . My Lord. L. C. J. Holt. What say you , Sir William ? Sir W. Parkins . You were pleased to say that you would be my Counsel . If your Lordship sees any Fault in my Indictment that may be any Advantage to me I desire your Lordship to inform me . L. C. J. Holt , I have read it , and I observe none . Mr. Mountague . May it please your Lordship , and you Gentlemen of the Jury , This Indictment does contain as heavy an Accusation as ever was brought against any one : For it charges the Prisoner not only with the traiterous Design of subverting the Government , and of killing the King ; but also it charges the Prisoner with designing an Invasion upon these Kingdoms , and an Assassination of the King's Person . The Indictment sets forth , that the Prisoner did meet with Mr. Charnock and other false Traitors ; and there it was agreed how to procure some French Forces to land here in England , and also to raise a Rebellion against his Majesty within this Kingdom . Mr. Charnock was sent as a Messenger from the Prisoner and the rest , over to the late King James , to acquaint him with this bloody Design , and to desire him to procure and borrow of the French King as many Forces as he could spare , to make this Descent upon these Kingdoms : and to facilitate his Descent , they promised to get as many together as they could , to meet him upon his Landing . And it was agreed that forty Men should be provided , of which the Prisoner was one , to lie in wait , and set upon the King in his Return from Hunting , and to Assassinate him . Some were to fall upon the Guards , while others murdered the King in his Coach. The Indictment further charges the Prisoner with providing several Horses and Arms , and that he did provide five Horses for them that were to commit the Assassination . And the Indictment also does charge the Prisoner with getting together several Arms. To this Indictment the Prisoner has pleaded not Guilty . If you do not believe him Guilty of what the Indictment charges him with , God forbid but he should be acquitted . But if you believe him Guilty , the Nation does expect you should do Justice to the King and Kingdom . Mr. Att. Gen. My Lord , and you Gentlemen of the Jury , the Prisoner , Sir William Parkins , stands indicted of High Treason , for compassing and endeavouring the Death of the King , and adhering to his Majesty's Enemies . The Overt-acts laid in the Indictment to prove this Treason are these ; That the Prisoner , together with several others , had several Meetings and Consultations , wherein it was agreed to send a Messenger over to invite the French King to invade this Kingdom , and to depose the King , and subject this Kingdom to the Tyranny of a French Power . And further , that he entred into a Conspiracy with several Persons to murder his Majesty . These are the Overt-acts to prove this Treason against the Prisoner . The Evidence to prove this will be in this manner : It will appear , that the Prisoner had a Commission from the late K. James to raise a Regiment of Horse in England ; and that in May last the Prisoner had a Meeting with several others at the Old King's-head in Leadenhall-street , where there were present the Lord Ailesbury , the Lord Montgomery , Sir John Friend , Sir John Fenwick , Sir William Parkyns , Mr. Charnock , Capt. Porter , Mr. Cook ; and Mr. Goodman came in after Dinner . At that Meeting it was consulted among them , how they should bring back the late King James , and depose his present Majesty King William . And in order to that , did resolve to send a Messenger , Mr. Charnock , one of them , to the late King James , to desire him that he would obtain from the French King about ten thousand Men to invade this Kingdom ; eight thousand Foot , a thousand Horse , and a thousand Dragoons : And to incourage the late King James to do this , they did assure him by their Messenger , they would meet him with two thousand Horse upon his Landing . They all agreed they would do this , and Mr. Charnock did agree to go upon this Errand . About a Week after Mr. Charnock not being willing to go without good Assurance from them that sent him , did desire there might be another Meeting . And accordingly there was another Meeting of the same Persons , of which the Prisoner was one ; and that was at Mrs. Mountjoy's , a Tavern in James-street . And at that Meeting they did all agree , as formerly , to continue the Resolution they had taken , to send Mr. Charnock over to the late King James , to assure him of their Assistance , if he would give them notice when and where he would land . And they did take notice , that that was a very proper time for such an Invasion to be attempted ; for the King was then gone into Flanders , and most of the Forces were drawn thither , and the People very much dissatisfied ; and therefore it would be very easy to accomplish such a Design at that time . And they did therefore desire Mr. Charnock to go upon that Errand , and to desire that the late King James would be speedy in his Coming . After a few days Mr. Charnock did go to France , and delivered his Message to the late King James , who took it very kindly , but said , the French King could not spare so many Forces at that time . And he came over again , and brought that Message to those Gentlemen that sent him . This was in May or June last , and so the Conspiracy ceased at that time . But you will hear , last Winter it was revived again , and was attempted and carried on very near to a fatal Success . You will hear , Gentlemen , that the Prisoner at the Bar has had as great a hand as any in this barbarous Conspiracy and Treason ; not only in the Invasion that he and the rest sent the Messenger over to procure , but in the blackest part , the Assassination of the King. About January last Sir G. Berclay , Lieutenant of the Guards to the late King James in France , was sent over into England , to excite Persons to go on in the assassinating of the King ; and for his Assistance there were sent over , before and after him , about twenty Troopers of the late King James's Guards in France : and Sir G. Berclay , to incourage Persons to ingage in this horrid Conspiracy , brought over with him a pretended Authority from the late King James to justify them ; and that was a Commission from the late King James . He communicates this Design of his to Mr. Charnock , Capt. Porter , and others ; and amongst the rest to the Prisoner at the Bar , having a great Confidence in him . He did acquaint him he had such a Commission , and shewed it him ; and that the Commission was to levy War against the King's Person , which they took as a sufficient Authority to attack his Person . In order to the accomplishing this horrid Conspiracy , several Meetings there were , at which the Prisoner was present , and very active , sometimes at Capt. Porter's Lodgings , at other times at the Nag's-head in Covent-Garden , and the Sun-Tavern in the Strand . You will hear , that at these Meetings they did propose several Ways and Methods to accomplish this Conspiracy ; and several Persons , some of which have suffered the just Punishment of the Law , were appointed to go and view the Ground , where most conveniently the King's Person might be assaulted . King , that has been executed for it , and Capt. Porter , and one Knightly , went to view the Ground , to see the most convenient Place . And the Day before they went , there was a Meeting , at which was present the Prisoner and several others , where it was resolved upon , that they should go and view the Ground ; and Capt. Porter , Mr. Knightly , and Mr. King , accordingly went to see the most convenient Place . After that , at Brentford , they went over to Richmond , where his Majesty used to go a hunting to divert himself . At last they pitch'd upon a Place , a Lane between Brentford and Turnham-green , and they thought that a convenient Place for doing this barbarous thing . And when they had viewed the Ground , they were to come back in the Evening to the Nag's-head-Tavern , where the rest were to meet , to give them an Account of their Proceedings . Accordingly in the Evening they came back , and at the said Place were the Prisoner , Sir G. Berclay , Mr. Charnock , and others ; and there they had an Account of the thing , and they did resolve it should be done in that Place ; and the manner was this , That Sir G. Berclay , with seven or eight chosen out of the rest , were to attack the King's Coach , and ( to kill the King , while the other Party were to attack the Guards ; and the Number in all was to be about forty . This was agreed upon . And the first time they agreed upon to put this barbarous Design in execution , was the 15th of February , upon a Saturday , the day the King usually went a hunting . But it happened , by very great Providence , that the King did not go abroad that day . They contrived further , to make the thing very sure , that there should be two Persons , whom they called Orderly Men , that should be placed at Kensington , to give notice when the King went abroad , one Chambers , and Durance a Fleming . And afterwards Durance was likewise imployed to view the Place at Turnham-Green and to take notice of those Places that were most convenient for the lodging and placing of their Men two or three in a House , that they might not be observed to be in a readiness the Day they were to accomplish their Design . Now the 15th of February , they being disappointed by the King 's not going abroad , they resolved to accomplish it upon the Saturday following , the King usually going a Hunting upon Saturdays , and therefore that Day was pitch'd upon . Accordingly on the Friday following there was another Meeting at the Nags-Head in Covent-Garden , where were present Sir George Berclay , Captain Porter , Mr. Charnock , and the Prisoner . There they had some Discourse , and were in doubt , because of the first Disappointment they had received , whether there were not some Discovery , and the thing taken Air ; but they were soon resolved of that , for it was said , if the thing had been discovered they should not have been there to meet ; that seemed very probable , and gave them new Assurance that they were not discovered ; and thereupon they resolved to put it in execution the next Day , the Day which they had before resolved on , being Saturday the 22d of February , and to do it in the same manner as had been resolved on before . At that meeting Captain Porter told them he had had a Misfortune , that some of the Horses he had undertaken to provide were fallen Lame ; he acquainted the Prisoner , Sir William Parkins , with it ; and he was careful to supply him with other Horses , and told him he could get him a note to one Lewis , Master of the Horse to the Lord Feversham , for three Horses out of his Stable ; and accordingly did send him a Note for three Horses to be had from thence . February the 2●d in the Morning , the Time appointed to put it in Execution , they met together , and had notice from Kensington that the King did go a Hunting ; and then there was great Joy among them all , for then they thought they should be sure to accomplish their Design , and so they ordered all things to be got ready . But afterwards , about twelve a Clock , News came that the King did not go abroad , that the Coaches were come back , and the Horses all of a Foam ; and then they thought it had taken Air , and that they were discovered , and that put them into a great Consternation . Now , Gentlemen , this is the Account you will have by the Evidence , of the Conspiracy for Assassinating the King , at the several Meetings at which the Prisoner was present . There will be a little more Evidence if there be occasion , to confirm this , as to the part the Prisoner had in this barbarous Conspiracy : For it will appear to you , Gentlemen , the Prisoner had a Commission from the late King James to raise a Regiment of Horse , and had sent a Messenger on purpose to invite the late Kings James over about May or June last , and he had provided many Arms for that purpose . About Michaelmas last he sent a Parcel of choice Goods , as he called them , put into several Cases , there were seven or eight of them ; and they were put into three large Cases , and sent by his order from his House in Warwickshire , to one Heywood's . It seems this Heywood married Mr. Charnock's Sister , and Mr. Charnock sent a Lettter to Heywood , to desire him to lodg some Goods in his House of Sir William Parkins's , for he durst not trust them in his own House in Warwickshire , because he had no Servants to look after them , and did desire they might be lodged in his House , and he gave him a Letter directed to Heywood . And they were accordingly carried to Heywood's , and locked up , and privately kept till this horrid Conspiracy came out : and then the Prisoner sent his own Servant down the Tuesday after the Discovery , and gave him order immediately to go down to Warwickshire , to one Evans his Servant there , to desire him to remove all those Goods away with all Expedition , and to secure and hide them . Accordingly on Wednesday , the Day after , he came thither , and acquainted Evans with his Message ; and they went on Ash-wednesday in the dark with a Cart , and they were desired to stay till the next Day ; but they could not stay longer , but would have the Goods removed that very Night ; and accordingly they were carried from thence to Sir William Parkins's House , and they were buried in the Ground to preserve them , being Goods of very great Value . But afterwards search being made in Sir William's House , and when they came to be discovered , and the Cases broke open , you will hear they were Goods of great Concern , of an extraordinary Nature , 32 Carbines , 25 Cases of Pistels , and 4 dozen of Swords : So that this will make it apparent without dispute , how far the Prisoner has ingaged in Levying of War , and encouraging an Invasion . Further it will appear upon the Prisoner , that he had a considerable number of Horses at his House in Hertfordshire , for he had another House at Bushy in Hertfordshire ; some of these were brought up to the George-Inn in Holburn . But there is another thing I must open to you before that of the Horses : About Christmas last the Prisoner did acquaint one Mr. Sweet , an Officer of the Excise , ( I am very sorry we should have any Officers any where trusted with High-Treason , as he was ) The Prisoner gave him an Account , that he had assurance formerly that the late K. James would land , but now he had it under his own Hand that he would land speedily ; and he had made Preparation on purpose to meet him , and that great things were expected from him , and that he had his own Troop ready that consisted chiefly of old Soldiers , and several Persons would be Voluntiers under him . He told him he was to go into Leicestershire , and that there were several Gentlemen from the North and the West to meet together , to settle a Correspondence , and to consult of Methods how to meet the late King upon his landing . And accordingly he did go , and you will have an Account he came to Leicester on Friday night , and Captain Scudmore went with him , and he staied all Saturday , and part of Sunday . And while he was there , there came several Persons to him , particularly Capt. Yarborough Son of Sir Thomas Yarborough , and another Person with him ; they came as far as York to meet with the Prisoner at Leicester and several other Persons , and there was a great Resort to them at Leicester at that Time. Sir William Parkins came back to Bushy on Monday Night , and acquainted Sweet again , that he had been his Journey to Leicester , and met several Gentlemen from the North and the West , and found them all fully engaged in the Design for the Service of the late King James , and that there was no danger of the miscarrying of it ; this was in January last that this Expedition was made by the Prisoner . Afterwards you will have a farther Account of the Horses of the Prisoner , it was very unfortunate that those Horses were generally brought to Town the Evening before the Day the King was to be Assassinated . Feb. 14. Sir W. Parkins being in Town the Day before , sent to his Groom to bring up three of his Horses the 14th of February in the Afternoon ; which Horses were all furnished for Troopers , and had Saddles and Pistols for that purpose : And his Servant brought them according to his Order , and acquainted him Friday in the Afternoon , February the 14th that he had brought them ( he lodged in Norfolk street with Mr. Charnock ) ; Sir W. Parkins pretended to him at first , that he would go out of Town that Evenening ; but then changed his Mind , and told him he must get them ready on Saturday the 15th , the first Day the Assassination was intended : And in the Morning , when his Man came to him to know when his Horses were to be got ready , he told him he had changed his Mind , he would not go that Day , he would not go out of Town till Monday ; for the Design miscarried by the King 's not going abroad ; and then Major Homes , who was one of the Conspirators , went out of Town with him , as you will hear , and they came to Town again the 21th of February , which was the day before the Day of the intended Assassination ; then there were more Horses brought up , four or five , and all of them with Pistols , Jack-boots , and other Furniture proper for Troopers . They came up on Friday to the George , and the Prisoner gave order to this particular Servant that came up with him , James Ewbanck , who was his Groom , to go very early the next Morning to Kensington , it was Saturday the 22th , and he was to go to one Brown , as he said , that was concerned in the King's Kitchin or his Confectionary , and lived about two Doors above the Gate turning to the King's House ; and that he was to tell him he was Sir W. Parkins Servant , and that he came from a Man that lodged at a Confectioners House over against Grays-Inn , which , by the Description of the Person , will appear to be Sir George Berclay , and he would give him an Answer . The Man went accordingly about eight a Clock , and spoke with this Brown , and told him that he was Sir W. Parkins's Man , and that he came from the Gentleman that lodged at the Confectioners over against Grays-Inn . Brown said he had nothing to say to him , but bid him give him his Almanack , and wrote in it , that he would be in Town himself in two Hours , and bid him to carry that to the Man that lodged at the Confectioners's . This Man you will hear was one of those orderly Men lodged at Kensington to give Notice ; this Man went by the Name of Chambers , he will tell you what he was , he was a Scotchman , spoke very broad , by which it will appear very particularly and plainly it was Sir George Berclay . This Servant came back to his Master , Sir W. Parkins asked him what he had done ; he told him that he had been at Kensington , and that Brown had set it down in his Almanack , that he would be in Town himself in two Hours . Sir W. Parkins bid him go to the Gentleman at the Confectioner's , and tell him so much : and accordingly he went , and brought Word to Sir W. Parkins , that the Gentleman would be ready at home . Now you will find this was on Saturday Morning . About Eleven a Clock Captain Porter , with one Mr. Lewis that I mentioned before , came to the George-Inn ; and there Porter asked this Groom one Ewbank , whether he had received above two Saddles or no , for there had been Orders given for two and twenty Saddles to be carried to the George-Inn by Sir W. Parkins's Order to furnish other Horses besides his , for Sir W. Parkins had told his Groom there were other Horses of his Friends that stood there , and bid him take care to see them well fed . The 22th of February when they came thither , they thought there had been more Saddles delivered than those two , and he asked his Groom if he had no more than two Saddles delivered ; no , says he , I had but two . Now Gentlemen , by the Evidence you will see he had provided thirty Saddles , under the Notion of buying them for the use of the Marquess of Regiment ; Then , says Sir W. Parkins , there is a mistake , I have had but Two and Twenty of the Thirty , for there is but Two brought in here . This you will hear fully proved by the Evidence that will be given against the Prisoner . And that there may be no room to doubt but that the Prisoner was engaged in this horrid Conspiracy , it will be proved to you by his Servants , so many of his Horses coming up that day , with Pistols and Jack-Boots , and other Arms , upon Friday at Four a Clock ; and that on Saturday , after they were discovered and disappointed , they ordered all away in great Hurry and Confusion . I have opened and stated to you the nature of the Evidence , we shall call our Witnesses and give you no further Trouble . Call Captain Porter , ( who appeared and was sworn ) Mr. Attorn . Gen. Mr. Porter , will you give the Court and Jury an Account of your Meeting at the King's-Head-Tavern in Leadenhall-street , who were there , and what the Meeting was about , and what was there agreed upon ? Capt. Porter . About the latter End of May , or Beginning of June , we had two Meetings , one at the Old King's-Head , in Leadenhall-street , and the other at Mrs. Mountjoys at the Wonder-Tavern in James's-street . There was the Lord Aylisbury , Lord Mountgomery , Sir Jo Freind , Sir W. Parkins , Sir Jo. Fenwick , Mr. Charnock , and one Cook , and my self ; Mr. Goodman came in after Dinner . There we consulted which was the best way for the late King James to come in again ; and all resolved to send a Messenger over to him , to desire him to procure of the French King 10000 Men , viz. 1000 Horse , 1000 Dragoons , and 8000 Foot : Mr. Charnock said , if you send me over , what shall I tell him you will do ? We all promised him , if the late King would come over with such a Number of Men , we would meet him at the Head of 2000 Horse , wheresoever he would appoint us to meet him . Mr. Attorn . Gen. Before you go upon the second Meeting , did Sir W. Parkins agree to that Message ? By what Circumstance do you know that he agreed to it ? Capt. Porter . Mr. Charnock said he would not go upon a foolish Message , and therefore did put it to them again what they would do ; and we did all agree , every one , to be at the Head of 2000 Horse to meet the late King James on his Landing . Mr. Cooper . Did Sir W. Parkins agree to that ? Capt. Porter . Yes , Sir , he did . Mr. Attorn . Gen. Where was the second Meeting ? Go on to that . Capt. Porter . The second Meeting was at Mrs. Mountjoy's , where Mr. Charnock was , and desired to see us before he went away , and to know our Resolutions , whether we were all agreed to what we had before resolved ; and we all promised him as before ; and then he said he would go in two or three Days . Mr. Attorn . Gen. And did they agree to it ? Capt. Porter . Yes , they did . Mr. Attorn . Gen. Did they agree to their former Resolution taken at the first Meeting ? Capt. Porter . They did all agree to it . Mr. Attorn . Gen. Who was there ? Capt Porter . I cannot say the Lord Mountgomery and Mr. Goodman were there , but all the rest were there that were at the first Meeting . Mr. Attorn . Gen. When did you speak with Mr. Charnock ? Capt. Porter . Three or four days before I was brought to Prison about the Riot , and he told me he had been with the Lord Aylisbury and Sir W. Parkins , and the rest of them that sent him , and brought several Messages from the late King James to them . Mr. Attorn . Gen. Now give an Account of the Effect of that Message . Capt. Porter . Mr. Charnock told me , King James said the French King could not spare so many Men that Year . Mr. Attorn . Gen. Mr. Porter , give an account of the Design for assassinating of the King , and what part the Prisoner at the Bar had in it . Capt. Porter . Some Weeks before I heard of this designed Assassination , I came to lodge at a House in Norfolk-street , where Mr. Charnock lay , and Sir W. Parkins for the most part when he was in Town ; and most commonly in an Evening Mr. Charnock and I used to go to drink a Bottle . One Morning I was going out , and met him , and ask'd him where I should meet him at Night ? He told me he should be in private Company . Must not I be there , said I ? if it be not very private , let me go with you . No , says he , some Gentlemen are come over from France , and the Business is kept very private , there is something going to be done . Then pray , said I , let me be concerned in it . Says he , they see no body yet ; in a little time you will hear more of it . A little while after I was taken with the Gout , and Mr. Charnock came to see me , and told me , Sir George Berclay was come from France , and several Officers with him , and that he had a Commission from the late King James to raise and levy War against the Body , upon the Person of King William . L. C. J. Holt. Who told you so ? Capt. Porter . Mr. Charnock . He ask't me whether I could procure any number of men ? I said a great many would , but I could not trust them . Some days after they brought me to Sir G. Berclay and one Homes , a little while after I was got well of the Gout . And then there were several Meetings , one at the Globe Tavern , one at the Nags-head , where Sir W. Parkins was present , one at the Sun Tavern in the Strand , where we consulted the best way to assassinate the King as he came from Richmond . Mr. Charnock told me , that Sir G. Berclay had received 800 l. of the Late King James's Secretary to buy Horses and Furniture for the Expedition . Mr. Charnock asked me how many I could bring ? he told me , he could bring in twenty . I told him I could bring seven or eight . Sir W. Parkins was to furnish five Horses , and to mount three of them with his own Men , and the other two were to be mounted with my Men , and Mr. Charnock was to mount the rest . Mr. Attorn . Gen. Do you know the Names of the men he was to mount ? Capt. Porter . I never had the Names of the men from himself . Mr. Attorn . Gen. What was done in this Consult ? Capt. Porter . I ask'd Mr. Charnock why I might not see the Commission ; he said he never saw it himself , but Sir W. Parkins had seen it . I ask'd Sir W. Parkins , smoaking a Pipe , whether he had seen it ; he told me he had seen and read it , that it was for raising of War against the Prince of Orange , and it was all written with his own hand . Mr. Attorn . Gen. You went to view the Ground , did you not ? Give an account of that . Capt. Porter . One of us went on the other side of the Water to view the Ground , by a little Wood ; and another went on this side the Water . Sir George Berclay was of opinion that it was best on the other side of the Water ; he ordered one Captain Knightly to meet me and Capt. King ; we three went to view the Ground ; and when we came back to the Nags-Head , where was Sir W. Parkins , Mr. Charnock , and Sir G. Berclay , we told them we had view'd those places , and lik'd them very well . Mr. Attorn . Gen. Was Sir William Parkins there at that Meeting ? Capt. Porter . Yes Sir , he was . Mr. Attorn . Gen. Mr. Porter , give an account of the days you intended to do it . Capt. Porter . Saturday the 15th and the 22d , the days the King used to go a Hunting . Mr. Attorn . Gen. Was there any Man at Kensington to give notice ? Capt. Porter . Yes , there were two men ; one of them had his Lodging at Kensington . Mr. Attorn . Gen. What was his Name ? Capt. Porter . Chambers : and there was another man , a Fleming , who went every day to thrust himself among the Guards , to bring us Intelligence daily . Mr. Attorn . Gen. What was the reason it was not executed the first day ? Capt. Porter . Durant brought us notice the Guards were gone ; but afterwards notice was brought us that the King did not go ; upon which we adjourned till the next day . Mr. Attorn . Gen. What was the Method agreed upon ? Mr. Porter . The Method was this . One Rookwood , that came out of France upon this Expedition , to head another Party , mounted upon Sir G. Berclay's Horse , Sir G. Berclay and my self were to mount those Horses sent us by Sir W. Parkins , and we were to attack the Guards and the King's Coach. Mr. Attorn . Gen. When was the next Meeting , after you were disappointed ? Capt. Porter . It was upon Friday before the 22d , at the Sun Tavern in the Strand . Mr. Attorn . Gen. Who was there at that Meeting ? Capt. Porter . No body but Sir G. Berclay , Mr. Charnock , Sir W. Parkins , and my self . Mr. Attorn . Gen. And what was discoursed of then ? Capt. Porter . Sir W. Parkins came in , and told us the thing was discovered . I said , I cannot fancy it could be discovered , for we could not have been there if it had been known ; and thereupon we resolved to go on with it again : And I asked Sir W. Parkins if his Horses were in Town ? and he said they were to come that night . Said I , my Horses are one sick , and another lame . Said Sir W. Parkins , if I had known that , I could have brought more Horses out of the Country ; but just now I have sent to Mr. Lewis , Master of the Horse to the Lord Feversham , I believe he will help me to more Horses . And I sent a note to Sir W. Parkins for two Horses to mount my men upon ; and he sent me two Horses , and told me Mr. Lewis would help me to two or three more , all three lusty Horses ; one was accoutred with Pistols , and the other had only Saddles . Mr. Attorn . Gen. Did you see Sir W. Parkins ? Capt. Porter . I did not see him the 22d : Some of us did meet at the Blue Posts at Spring-Garden , and having notice that the thing was discovered , I went out of Town . Mr. Attorn . Gen. Have you ever heard that Sir W. Parkins had a Commission from the late King James ? Capt. Porter . I heard Mr. Charnock ask him one Night why Scudmore and the rest would not go ? Said he , they do not go , because I do not go ; and I have other business to do , I have a Regiment to look after . Mr. Attorn . Gen. Then the Prisonner was to be one of the number to Assassinate the King. Capt. Porter . Not in Person , for he said he had other business to look after . L. C. J. Holt. Mr. Porter , how many Horses had you from Mr. Lewis ? Capt. Porter . I had none ; but only Sir W. Parkins sent me word , if I wanted any I might have three ; for I told him I would have none till I heard the King went. L. C. J. Holt. Had you a Note for the three Horses ? Sir W. Parkins . Not from me . Capt. Porter . Mr. Cranborn told me he had a Note ; I do not say I had a Note . Mr. Att. Gen. Sir William , will you ask the Witness any Questions ? Jury-man . We are desirous to know , whether at any of the Meetings the Discourse was to Assassinate the King ? Capt. Porter . At all the Meetings . L. C. J. Holt. Did Sir W. Parkins discourse of the Assassination himself ? What did he say when such Discourses were had ? Capt. Porter . I cannot say particularly what he said : But he agreed to it , and said it was very necessary to be done , in order to the bringing in the late King the more easily ; but he had other business to do , and could not be there himself . Mr. Attorn . Gen. Will you ask him any Questions ? Mr. Baker . Captain Porter , stand down . Then Adrian Sweet was sworn . Mr. Sol. Mr. Sweet , will you give the Court and Jury an account what Sir W. Parkins said to you about the late King James's landing ? Mr. Attorn . Gen. What you know of the Prisoner relating to that , and what Discourse you had about the late King James's landing . Mr. Sweet . He told me he did expect the late King James's landing this Summer ; and Sir W. Parkins did say his own Troop was composed of old Soldiers . Mr. Attorn . Gen. Let me ask you a little : How long have you known Sir W. Parkins ? Mr. Sweet . About three years . Mr. Attorn . Gen. What time was this Discourse ? Mr. Sweet . About Christmas last . Mr. Attorn . Gen. Where was it ? Mr. Sweet . At his own House . Mr. Attorn . Gen. What was it he said to you about this matter ? Mr. Sweet . We were talking of the late King James's coming . L. C. J. Holt. What did he say ? Mr. Sweet . He said he had bought 30 Saddles , and that his own Troop was composed of all old Soldiers . Mr. Attorn . Gen. But did he tell you of any Assurance he had of King James's landing ? Mr. Sweet . Yes , he said he had the King's word for it . Mr. Attorn . Gen. Was there any Discourse of his going into Leicestershire ? Mr. Sweet . Yes , he told me he was going into Leicestershire to meet some Friends , and he did go : for afterwards he told me he had met them , and that all was well , and that the West was as well inclined to K. James's Interest as the North , and that a Lord's Brother was concerned . Mr. Attorn . Gen. What other Discourse had you about this matter ? Mr. Sweet . Nothing more as to particulars . Mr. Attorn . Gen. What Orders had you to come up to Town ? why do not you tell it ? Mr. Sweet . I will as soon as I can . Sir W. Parkins sent me a Letter about the 11th of February , that I should come to him the next day , and I came the next day to Sir William , into Norfolk-street . Mr. Attorn . Gen. Where was it ? Mr. Sweet . At Mrs. Knoxes , where Mr. Charnock lodged . He told me the business he had designed for me , he did not think fit I should do , because of my Family . Mr. Attorn . Gen. What directions had you from him when you went into the Country ? Mr. Sweet . He gave me orders to go to his Lady with Directions to send up three of his strongest Horses . Mr. Attorn . Gen. When was this ? Mr. Sweet . In February , about the 11th or 12th day . And at my going away Sir W. Parkins told me , if I had not a Letter from him the Friday following , I should come to Town again ; and he askt me if I had made provision for my Family ; I told him I had not : Thereupon he was angry , and said I might go into the Country again then . Mr. Attorn . Gen. When was this ? Mr. Sweet . Friday night or Saturday morning . Mr. Attorn . Gen. What day of the Month ? Mr. Sweet . The 13th or 14th . L. C. J. Holt. You say you came Wednesday the 11th : Wednesday was the 12th . Mr. Sweet . I came on Friday night , on Saturday morning I went home again . Mr. Attorn . Gen. But on Saturday morning , who did you speak with ? Did you speak with Sir W. Parkins ? Mr. Sweet . He left order I should come again at Eleven a Clock . There I met one Chambers , whom I saw the night before , and one Lee. Mr. Attorn . Gen. You saw them the night before . Mr. Sweet . Yes , I saw them . Mr. Attorn . Gen. What discourse had you with them ? Mr. Sweet . None , but in the Morning . Mr. Attorn . Gen. What Discourse had you in the Morning ? Mr. Sweet . Mr. Chambers told me he had been at Kensington , and saw Sir William , and shewed me his Wounds , and said those Wounds were sore , and called for Revenge . Mr. Attor . Gen. Where did he tell you he was wounded ? Mr. Sweet . At the Boyn . Mr. Soll. Gen. You say Sir William Parkins told you his Troop consisted of all Old Souldiers , did he tell you what use his Troop was for ? Mr. Sweet . I understood for what use , he did not tell me . Mr. Cooper . Where did you Dine that Day ? Mr. Sweet . I Dined with Sir William Parkins , Mr. Charnock , Mr. Chambers , and one or two more that I did not know . Mr. Attor . Gen. Sir William , will you ask him any Questions ? Sir W. Parkins . Did I tell you Mr. Sweet I had a Troop of Horse ? Mr. Sweet . I will name your own words , and no other ; you said your own Troop was composed of Old Souldiers . L. C. J. Holt. How many Horses ? Mr. Sweet . I do not hear . L. C. J. Holt. How many Horses was you to bid his Man to bring to Town ? Mr. Sweet . Three . L. C. J. Holt. Was it three of his strongest Horses ? Mr. Sweet . Yes , my Lord , three of his strongest Horses . Mr. Attor . Gen. Did he say any thing of Volunteers to joyn with him ? Mr. Sweet . Yes , he did say he knew some Old Officers who would be Volunteers , and would go with him . Sir Wil. Parkins . Where were these words spoken ? Mr. Sweet . In your Garden . Sir Wil. Parkins . In what County ? Mr. Sweet . In Hartfordshire . Sir Wil. Parkins . Then , my Lord , I desire your Judgment , whether words spoken in Hartfordshire , will affect me here ? L. C. J. Holt. If there be a Design against the King , and there be several Overt Acts , some of them committed in one County , and others in another , the Party may be Indicted in either of the Counties ; and then the Overt-Act done in one County , may be given in Evidence in the other : And in this Case it is requisite there should be some Evidence of an Overt-Act in Middlesex , as there is of several Meetings at several Taverns , in Hatton-Garden at the Globe , the Sun-Tavern , and the Naggs-Head . Now these Consults are Overt-Acts , but still of the same Treason ; and if a Treason be committed in several Counties , the Prisoner may be Indicted in any one of these Counties . Sir W. Parkins . Mr. Sweet , you did not say that I told you I had raised a Troop , or would raise a Troop . L. C. J. Holt. But he does tell you farther , he was with you , and had Discourse with you in Norfolk-Street , where you were in Company with Mr. Charnock , and others . Sir Wil. Parkins . I do not observe that Mr. Sweet said any thing of me in NorfolkStreet . Mr. Attor . Gen. You told him that you had some particular business for him , but that you would have pity upon his Family . Mr. Attor . Gen. Sir William , will you ask him any more questions ? Sir Wil. Parkins . No , Sir. Mr. Attor . Gen. Call Ewbank . He appeared , and was Sworn . Mr. Attor . Gen. Do you know Sir William Parkins ? Mr. Ewbank . I was his Servant , a Groom to him . Mr. Attor . Gen. For how long ? Mr. Ewbank . Not a Twelvemonth . Mr. Attorn . Gen. Give an account what Journey you took with Sir William Parkyns about Christmas last . Mr. Ewbank . In January last I went with him into Leicester Shire . We went from his own House at Stony-Stratford , and lay there all Night . Mr. Attor . Gen. What time was this ? Mr. Ewbank . I do not know what time exactly . Mr. Attor . Gen. What Day of the Week ? Mr. Ewbank . On Thursday . Mr. Attor . Gen. Whither did you go from Stony-Stratford ? Mr. Ewbank . The next Night we went to Leicester . Mr. Attor . Gen. And what Gentlemen went with him ? Mr. Ewbank One Captain Scudmore . Mr. Attor . Gen. You went the next day to Leicester ; how long did you stay ? Mr. Ewbank . 'Till Sunday Morning . Mr. Attor . Gen. What Company did you observe came to him ? Mr. Ewbank . I knew none of them , I was never there before ; there was one Yarbury , his Man said . Mr. Attor . Gen. Whence came he ? Mr. Ewbank . Out of Yorkshire . Mr. Attor . Gen. Was there another ? Mr. Ewbank . There was one in black Cloaths , they said he was a Minister . Mr. Attor . Gen. Did you see any other ? Mr. Ewbank . I was much about my Horses , I knew no body there . Mr. Attor . Gen. But did you see any body come ? Mr. Ewbank . It was Market day , and several came up and down Stairs , whether they went to my Master or no , I cannot tell . Mr. Attor . Gen. Whither did you come when you came back from Leicester-shire ? Mr. Ewbank . To a Town called Susa . Mr. Attor . Gen. When came you back to Bushy ? Mr. Ewbank . The Night following . Mr. Attor . Gen. Who came with you ? Mr. Ewbank . Captain Scudmore . Mr. Attor . Gen. What time did you come back ? Mr. Ewbank . About Eight a Clock on Monday Night . Mr. Attor . Gen. After this , when did you bring up Horses to the George Inn for your Master , and how many ? Mr. Ewbank . Three Horses . Mr. Attor . Gen. What time was the first ? Mr. Ewbank . Sometime after that , I do not know exactly . Mr. Attor . Gen. What day of the Week ? Mr. Ewbank . Upon Friday . Mr. Attor . Gen. What Month was it in ? Mr. Ewbank . I do not remember . Mr. Attor . Gen. Was it Valentine's day ? Mr. Ewbank . Yes , my Lord. Mr. Attor . Gen. Where did you bring them ? Mr. Ewbank . To the George-Inn . Mr. Attor . Gen. Where ? Mr. Ewbank . In Holbourn . Mr. Attor . Gen. Were there any Pistols ? Mr. Ewbank . No , they were left in Town . Mr. Attor . Gen. Where were they left ? Mr. Ewbank . I do not know . Mr. Attor . Gen. When you came to Town with those three Horses , did you go to your Master presently , and acquaint him with it ? Mr. Ewbank . Yes , I did . L. C. J. Holt. What said he ? Mr. Ewbank . He said he thought he should go home that Night . Mr. Attor . Gen. Did he go home , or did he change his mind ? Mr. Ewbank . We did not go 'till Monday . Mr. Attor . Gen. Did he say he should go on Saturday . Mr. Ewbank . He then said he would go home that Night . Mr. Attor . Gen. When did he go ? Mr. Ewbank . On Monday . Mr. Attor . Gen. Who went with him ? Mr. Ewbank . Major Homes , a fat thick Man. Mr. Attor . Gen. He went home with him on Monday , did he ? Mr. Ewbank . Yes , Sir. Mr. Attor . Gen. When did he come to Town again ? Mr. Ewbank . On Friday Morning . Mr. Attor . Gen. How many Horses did you bring up then ? Mr. Ewbank . Four Horses . Mr. Att. Gen. Who came with him then ? Mr. Ewbank . Major Homes , and I , and another Servant . Mr. A 〈…〉 How were those Horses furnished ? 〈◊〉 〈◊〉 With Pistols ; every Horse had Pistols . Mr. Att. Gen. How were they furnished besides ? Mr. Ewbank . Nothing besides . Mr. Att. Gen. Did you bring any Boots ? Mr. Ewbank . None . Mr. Att. Gen. Where did you leave those Horses on Friday Night ? Mr. Ewbank . At the George Inn. Mr. Att. Gen. What Directions had you from your Master that Night , to go any where the next Morning ? Mr. Ewbank . One came to me , and said , I must go to Kensington to one Brown. Mr. Att. Gen. Tell whom you were to go to . Mr. Ewbank . To one Brown. Mr. Att. Gen. What did he tell you that Brown was ? Mr. Ewbank . He ordered me to go to such a place . L. C. J. Holt. What place ? Mr. Ewbank . To a House within a Door or two of the Gate that goes to the King's House to one Brown. Mr. Att. Gen. Did he say he belonged to the King's Kitchin ? Mr. Ewbank . The Man lay there , and the Man where he lodged belonged to the King's Kitchin. Mr. Att. Gen. What was your Message ? Mr. Ewbank . It was , that I was to tell him , I came from a Gentleman that lay at the Confectioners in Holbourn , I knew the Gentleman's Face . Mr. Att. Gen. What did he say to you ? Mr. Ewbank . He bid me set up my Horse at the Red Lion , and he would come to me presently , so I called for a Tankard of Ale ; and when he came , I have , says he , no Buisness to send ; but he writ in my Almanack , I will come to Town at 9 or 10 a Clock . Mr. Att. Gen. Did you go back to him ? Mr. Ewbank . Yes , I did , and told him what Brown had set down in my Almanack . Mr. Att. Gen. What Man was that , what sized Man , what manner of Man ? Mr. Ewbank . A lusty man , a great Nose , wide Mouth , swarthy Coloured . Mr. Att. Gen. What Age ? Mr. Ewbank . A middle aged Man. Mr. Att. Gen. What did he say to you ? Mr. Ewbank . He asked me if I had been at Kensington ? I said , yes ; and that Mr Brown had writ in my Almanack , he would be in Town at Nine or Ten a Clock . He askt me whether I was going ? I said to my Master ; and he bid me tell my Master , he would be at his Chamber at Nine or Ten a Clock . Mr. Att. Gen. What said your Master to you ? Mr. Ewbank . He bid me get the Horses ready , for he would go home about two or three a Clock in the Afternoon . Mr. Att. Gen. What time came your Master to the Inn ? Mr. Ewbank . About 12 or 1 a Clock . Mr. Att. Gen. Who came with him ? Mr. Ewbank . One Lewis . Mr. Att. Gen. Did you know him ? What is he ? Mr. Ewbank . I had seen him before . Mr. Att Gen. What did he say he was ? Mr. Ewbank . My Lord Feversham's Gentleman of his Horse . Mr. Att. Gen. What Discourse was there at the same time ? What did your Master say about Saddles ? Mr. Ewbank . He asked what Saddles were brought . I told him two , and said they were the Gentlemans I left with him . Mr. Att. Gen. What did Mr. Lewis say then ? Mr. Ewbank . He said there was some mistake then , for he said he thought there were more . Mr. Att. Gen. How many were there in all , did he say ? Mr. Ewbank . Four and Twenty . Mr. Att. Gen. Did Mr. Lewis or Sir William Parkins say four and Twenty ? Mr. Ewbank . Sir William Parkins did not say how many there were of them , but Mr. Lewis said there were four and Twenty ; to the best of my knowledge . L. C. J. Holt. Where were those Saddles ? Mr. Ewbank . I do not know , my Lord , I saw them not . Mr. Att. Gen. What were the two Saddles for ? Mr. Ewbank . For two Horses , Sir. Mr. Att. Gen. Who delivered them to you ? Mr. Ewbank . Sir William Parkins . Mr. Att. Gen. Where did they stand ? Mr. Ewbank . At the Gorge Inn , they were two Gentlemens Saddles . Mr. Att. Gen. For what Horses were they ? Mr. Ewbank . For Horses that were not my Masters : Mr. Att. Gen. Did he speak any thing to you of the Horses ? Mr. Ewbank . He bid me see the Hostler give them some Corn. Mr. Att. Gen. Were they your Masters Horses ? Mr. Ewbank . Not that I know of . Mr. Att. Gen. Did your Master give you those two Saddles ? Mr. Ewbank . There were those two Saddles , I might take them up ; my Master bid me see the Hostler give the two Horses their Corn. Mr. Att. Gen. Were they not your Masters Horses ? Mr. Ewbank . Not that I know of . Mr. Att. Gen. When did you go out of Town with those Horses ? Mr. Ewbank . About Four a Clock in the Afternoon . Mr. Att. Gen. After this , when did you hear from your Master next ? Mr. Ewbank . On Monday after I had a Letter from him . Mr. Att. Gen. What was that Letter for ? Mr. Ewbank . To go into Warwickshire , to one Evans his Servant . Mr. Att. Gen. Did he tell you what it was for ? Mr. Ewbank . I did not read it , it was sealed . Mr. Att. Gen. Did you carry that Letter ? Mr. Eubank . Yes , I did . Mr. Att. Gen. When ? Mr. Eubank . I came to him on Tuesday about Four a Clock . Mr. Att. Gen. What did Evans and you do after that Letter was deliver'd ? Mr. Ewbank . Evans went and fetched some Boxes from one Mr. Heywoods two Miles off . Mr. Att. Gen. Did you go with Evans to fetch those Boxes ? Mr. Ewbank . No Sir. Mr. Att. Gen. Who bid you go with him ? Mr. Ewbank . Why , there was a Man drove the Team , he was a Stranger . Mr. Att. Gen. Was you there , when they brought these Goods back ? Mr. Ewbank . Yes , I was . Mr. Att. Gen. What did they do with them ? Mr. Eubank . They buried them in the Garden . Mr. Att. Gen. In the Boxes ? Mr. Ewbank . Yes Sir. Mr. Att. Gen. How many Boxes were there ? Mr. Ewbank . I think five or six . I did not know what was in them . Mr. Att. Gen. Did you help to bury them ? Mr. Ewbank . No , I did not help to bury them ; but my Brother Evans told us they were choice Goods , I did not know what . L. C. J. Holt. What time of the Day or Night were the Boxes fetched by Evans from Mr. Heywoods ? Mr. Ewbank . They went away about four in the Afternoon . Mr. Att. Gen. How far is Mr. Heywood's House from Sir William Parkins House in Warwickshire ? Mr. Ewbank . About four miles . Mr. Att. Gen. What time did they return ? Mr. Ewbank . About 10 or 11 a Clock at Night . Mr. Att. Gen. Did they Bury them then ? Mr. Ewbank . Yes , I did see them buried . Mr. Att. Gen. Why did they bury them ? Mr. Ewbank . Because they said they were choice Goods . Jury Man. My Lord , I understand he said he saw them buried . Sir William Parkins , Did you see them buried ? Mr. Ewbank . I saw some Earth put upon them , but they put more the next Morning . Mr. Att. Gen. I will only ask you one Question . That Person at the Confectioners , had he a lame Arm , or no ? Mr. Ewbank . I did not perceive it . Mr. Attor . Gen. Sir , will you ask him any more Questions ? Sir W. Parkins . He says , Mr. Homes went out of Town with me ; you would insinuate as if it were Major Homes in the Proclamation ; who was it ? Was it not Mr. Homes in Holborn ? was he not all last Summer at my House ? Mr. Ewbank . Yes Sir , he was . Mr. Att. Gen. You do very well to explain it . Have you any more questions to ask him ? Sir W. Parkins . No Sir. Mr. Baker . Call Hipwell . He appears , and is sworn . Mr. Att. Gen. Is your Name Hipwell ? Hipwell . Yes Sir. Mr. Att. Gen. Where do you live ? Hipwell . In Warwickshire . Mr. Att. Gen. Who do you live with ? Hipwell . Of my self Sir. Mr. Att. Gen. Is your Name Hipwell ? Hipwell . Yes Sir. Mr. Att. Gen. Do you know any thing of any Goods carried from Mr. Heywood's House to Sir Will. Parkins ? Give an account of what you know of that matter . Hipwell . I came from Lichfield Fair from my House to my Master on Wednesday . Mr. Att. Gen. You said you had no Master ; Is he your Master ? Hipwell . He is my Master when he pleases . Mr. Att. Gen. Hipwell , pray give an account of what you know of Goods carried from Mr. Heywood's House , and who came for them . Hipwell . There was , to my best remembrance , either seven or eight Boxes . Mr. Att. Gen. Who came for them ? Hipwell . There came one of his Men , one Richard , and one Whetstone , and one Marstone . Mr. Att. Gen. What was Whetstone ? Hipwell . He was a Tenant of Sir Will. Parkins's . Mr. Att. Gen. What did they bring to carry the Goods ? Hipwell . A Waggon and two Mares . Mr. Att. Gen. What time was this ? Hipwell . It was , to my best remembrance , about nine or ten at Night . Mr. Att. Gen. What did you do there ? What Orders had you from your Master ? Hipwell . My Master , when I came home , it was near seven a Clock , and he gave me-order to go to Sowe to borrow a Mare of one Jo. Biles , and I brought that Mare which I borrowed , with me home . Mr. Att. Gen. What was that Mare borrow'd for ? Hipwell . I know not . Mr. Att. Gen. What use was there made of her afterwards ? Hipwell . Before the Team came to fetch these Goods , which was about nine or ten at Night ; my Master told me Sir Will. Parkins's Man was to come to fetch Bedding and other Goods , what they were he knew not ; and gave me order , when he knockt at the Gate , I should let him in . Mr. Att. Gen. What were the Goods in ? Hipwell . They were first in 3 Boxes , and then Sir W. Parkins's Man did knock off the outside Lining of the Boxes , which were Deal-boards , and took out of two Boxes three lesser Boxes , and two out of another ; I think there were eight , I am not sure whether seven or eight . Mr. Att. Gen. Did they carry them away that Night ? Hipwell . They did carry them away that Night ; Sir W. Parkins's Man , his Name was Richard , and Whetstone , they carried them away with them ; I lighted them down with a Candle and Lanthorn . Mr. Att. Gen. And this , you say , was Ash-wednesday at Night ? Hipwell . It was Ash wednesday at Night . Mr. Soll. Gen. Sir William , will you ask him any questions ? Sir William Parkins . No. Mr. Baker . Call Mr. Heywood . He appeared , and was sworn . Mr. Att. Gen. Mr. Heywood , give an account to the Judge and Court of what you know of any Goods of Sir Will. Parkins lodged at your House , and of a Letter directed to you about them . Mr. Heywood . Sir William Parkins's Man came to me about Michaelmas last , with a Letter from one Mr. Charnock ; the Effect of it was , To desire me to lodge some Goods at my House , because he was taking his Servants from his own House , and was loth to leave them in an empty House ; and therefore he desired me to lodge them in my House , which I did . Mr. Att. Gen. What were the Goods put up in ? How were they put up ? Mr. Heywood . I think , in three Chests , pretty big Chests , and they were laid up together . There was Bedding , and a Piece of Tapestry or two , as I remember . Mr. Att. Gen. Did that Letter come from Mr. Charnock ? Mr. Heywood . Sir William Parkins's Man brought it ; his Name was Richard Evans , I think . Mr. Att. Gen. What Relation was Mr. Charnock to you ? Mr. Heywood . I married his Sister . Mr. Att. Gen. And you took those Goods upon that Letter , upon his Recommendation ? Mr. Heywood . Yes Sir. Mr. Att. Gen. Now give an account whether you did not see Mr. Charnock before Ash-wednesday , and what Discourse there was between you about these Goods . Mr. Heywood . I came up to London upon the 16th day of February , and was in London the 17th , 18th , 19th . and when I was in Town , I went to Mr. Charnock to his Lodgings : I was hardly half a quarter of an hour with him , but I told him , Sir I William Parkins had Goods at my House ; and I asked him when he would fetch them away ? As near as I can remember , these were the words . Said I , I cannot stay ; when shall I see you again ? Said he , I shall have business at the Temple , and will meet you at the Temple Coffee-house , and bring Sir William Parkins along with me ; which he did . They came to me about Eight or Nine a Clock on Tuesday Morning ; I think it was about Nine . Says he , Sir William Parkins is at my Lodgings , just going out of Town , and would desire to see you . And I went , and there Sir William was , and ready to go out of Town . I told him , he had Goods at my House , and asked him what he would do with them ? When he would take them away , or dispose of them ? He said , the first opportunity ; or to that effect . L. C. J. Holt. When was this ? Mr. Heywood . In February last . L. C. H. Holt. What time ? Mr. Heywood . The middle of February ; I think it was about the 18th day . L. C. J. Holt. Did you desire the Goods might be removed ? Mr. Heywood . I asked him when he would take them away ? And he said he would take them away the first opportunity , or to this effect . Mr. Att. Gen. When was the time they came for them ? Mr. Heywood . I think his Man came to my Wife on Shrove-Tuesday , as near as I can remember , as my Wife said when I came home : And she said my Husband is not at home , but you may have them away when you will. And so the Man went away , and came again the next Night , which was Ash-Wednesday . I came home from a Fair about five or six a Clock , and the Man came about six or seven , and said , my Master desires to have the Goods away . I asked him when ? He said , To Night . Said I , it is a very unseasonable time , to fetch them away to Night ; let them lye till the Morning . Says he , the Waggon is coming , let me have them to Night ; which I did . He said he had but two Horses , and desir'd me to lend him a Horse , which I did ; and I order'd my Servant to deliver the Goods ; which he did , and they took them away : What was done with them afterwards I know not . Mr. Baker . Call Whetstone . Who appear'd , and was sworn . Mr. Att. Gen. Pray give an account when you went with a Team to Mr. Heywoods House , and what you know of that Matter . Whetstone . I was at Work , and his Man came to me . Mr. Att. Gen. Whose Man ? Whetstone . Sir William Parkins's Man. And he desir'd I would go with him to Mr. Heywood's House for some Goods and Bedding ; which I did : Says he , I will go the next way to the House , and do you go with the Team ; and said , I must not come to the House till it was later ; and so there he stopp'd me . L. C. J. Holt. Who told you so ? Whetstone . Sir. Will. Parkins's Man. So he went forward to the Gate , and then came back , and called me to come on . So I came to the House and loaded the Boxes and the Bedding that was there . Mr. Att. Gen. How many Boxes were there ? Whetstone I cannot tell whether seven or eight . Mr. Att. Gen. Whither did you carry them ? Whetstone . To Sir William Parkins's House . Mr. Att. Gen. What did they do with them there ? Whetstone . They carried them away , and threw them into the Ground . Mr. Att. Gen. Where ? Whetstone . By the Wall side , where they were found . Mr. Att. Gen. were you present when they were found ? Whetstone . Yes , Sir , I was . Mr. Att. Gen. Then you can give an account of those choice Goods , what they were . Give an account what they were . Whetstone . They were Arms. Mr. Att. Gen. How many ? Whetstone . I have forgot . Mr. Att. Gen. Call Mr. Wats the Constable to give an account of that . Mr. Watts appeared , and was Sworn . Mr. Att. Gen. Mr. Wats , was you present when Sir William Parkins's House was Searched ? Mr. Watts . Yes , Sir , I was . Mr. Att. Gen. What did you find in Sir William Parkins's Garden ? Mr. Watts . Arms. Mr. Att. Gen. What quantity of Arms ? Mr. Watts . Four dozen of Sword , Twenty four Carbines , Twenty five Cases of Pistols . Mr. Att. Gen. What kind of Swords were they ? Mr. Watts . They were broad Swords , two-edged Swords . Mr. Att. Gen. Were they Hilted ? Mr. Watts . They were not , but there was a Box of Hilts for them . Mr. Att. Gen. Where did you find them ? Mr. Watts . In a Border , under the Wall. Mr. Att. Gen. Whose Wall ? Mr. Watts . Sir William Parkins's Wall. Mr. Att. Gen. Did you see the Boxes broke open ? Mr. Watts . Yes , Sir , I did , I had them all at my House . Mr. Att. Gen. Was you by when they were broken open ? Mr. Watts . I was not there at first , but afterwards when they were broke open I was : The Company that was there , broke them open , and brought them to my House . Mr. Att. Gen. He had them in his House ; he is the Constable . Sir William , if you will ask these Men any Questions , do . Call Turtle , Freeman . and Bedding Mr. Baker . Which will you have first ? Mr. Att. Gen. Mr. Freeman . who was Sworn . Mr. Att. Gen. Mr. Freeman , Where do you live ? Freeman . At the George Inn in Holbourn . Mr. Att. Gen. What are you there ? Freeman . An Hostler . Mr. Att. Gen. Freeman , do you give an account what Horses have been kept there of Sir William Parkins's , and what time he was a Guest to the House . Freeman . My Lord , he was a Guest to the House all last Summer , before I came to the House , several times , sometimes more , sometimes less . Mr. Att. Gen. But this last Winter , give an account about February last , what Horses , and what time . Freeman . Sometimes there were three Horses , sometimes four , sometimes five ; the most that ever he had was five . Mr. Att. Gen. When did the Five come in ? What time was that he had five ? Freeman . To my best remembrance , the five were the Week before this Stir ; the Week before the Plot broke out . Mr. Att. Gen. The Week before the Proclamation ? Freeman . Yes Sir. Mr. Att. Gen. What Day was it ? Freeman . On Friday Night . L. C. Just . Holt. How many ? Five ? Freeman . Yes , my Lord. Mr. Att. Gen. Who came with them ? Freeman . I saw none but the Groom , and one of his own Servants , I saw no other . Mr. Att. Gen. How were they accoutred ? Freeman Four of them with Holsters and small Pistols , and the other a red Mare with a Port-Mantle , and the Horse-Cloth wrapt up with one or two pair of Jack-boots , and some Collers , and a Horse-Cloth , and I know not whether there were a Bridle or two . Mr. Att. Gen. When did these Horses go away again ? Freeman . Saturday in the Afternoon . Mr. Att. Gen. And did you observe any Persons on Saturday morning ? Freeman . There were two men mounted two of the Horses , who went out with the Horses two or three Hours : They went out about Nine or Ten , and returned between Twelve and One. Mr. Att. Gen. And what did you observe , nothing at all ? Freeman . Nothing , but that they had rid very hard , the Horses were very hot . I know not where they had been , the Horses were very Sweaty . Mr. Att. Gen. Do you remember what Horses were brought up the Week before ? Freeman . Yes . Mr. Att. Gen. How many were they ? Freeman . Two or three . They very seldom stayed a Night ; if they stayed a Night it was a great chance indeed . Mr. Att. Gen. Can you remember those that came the Week before , how long they stay'd there ? Freeman . There were three very good Horses stayed a Week . Mr. Att. Gen. Did they come in no name ? Freeman . The Gentleman that brought the Horses paid the Bill ; only the Groom told me , Sir William Parkins ordered they should be well fed ; but whether they were his Horses or no I know not ; I never received any Mony of Sir William Parkins , all the while they were in the Stable ; the Groom always paid me . Mr. Att. Gen. But did you never observe a Roan Horse that came in the Day before ? Freeman . Yes , there was . Mr. Att. Gen. From whence came that Horse ? Freeman . From Mountague House . Mr. Att. Gen. You mistake : Was it not Somerset house . Freeman . Yes , Somerset-house , I am sure it was Somerset-house . Mr. Att. Gen. Do you know one Mr. Lewis ? Freeman . I suppose the Tapster does , I do not . L. C. J. Holt. How many Horses came from Somerset house ? Freeman . Only the Roan Gelding . Sir VVilliam Parkins . What kind of Horses were they ? What height was the Bay Gelding ? Freeman . I say the Roan Guilding was about 14 Hands high . Sir. VV. Parkins . Then there was a Bay Gelding , what sized Horse was that ? Freeman . About fourteen Hands . Sir VVilliam Parkins . They were no great sized Horses . Freeman . It might be they might be fourteen Hands and an half . Sir William Parkins . But Hostler , have you not known those Horses to be mine a long time ? Freeman . Yes , Sir I have . L. C. J. Holt. What , the Roan ? Freeman . No , not the Roan , I cannot say whether I ever saw him before . Mr. Att. Gen. Call the Tapster . [ Turtle appeared , and was Sworn . ] Mr. Att. Gen. Give an account what you know of any Horses of Sir W. Parkins coming to the George-Inn . Turtle . I know Sir William Parkins used to set his Horses at our Inn , this four or five Years . The last time of his coming to Town in February , he came to Town with three Horses the first time . Mr. Att. Gen. What time of the Month ? Turtle . I do not know the day of the Month. Mr. Att. Gen. What day of the Week ? Turtle . It was in February , it was about a Week before the Plot , the last of his coming to Town . Mr. Cooper . Do you know the day of the Week ? Turtle . No truly , I do not , for I never kept an account of the Horses coming in or out . The last time of his coming with Horses , he came with four or five Horses , to the best of my Knowledge , the Friday before the Plot broke out : And then he gave order to his Groom to have his Horses ready to go out of Town on Saturday morning ; but he did not go out with all his Horses , according to his Order . But two Gentlemen went out with two of them , and staied about two or three Hours , and they seemed hard rid . And these four or 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 first discourse was with him about King James his Landing , what did he say ? Mr. Sweet . Sir William Parkins told me now he did believe he would Land , for he had his own Word for it . Mr. Att. Gen. What did he say of any Preparation that he had made ? Mr. Sweet . The Preparation was his own Troop . L. C. J. Holt. Did he tell you he had a Troop , or that he was to have one ? Mr. Sweet . I speak his own Words ; which were , My Troop consists of all old Soldiers . Mr. Att. Gen. And what did he speak of Voluntiers ? Mr. Sweet . He said he had some Gentlemen that would follow him as Voluntiers , and would go with him . Mr. Mountague . When you had discourse of the present King , what Name did he give him ? Mr. Sweet . He called him the Prince of Orange . Sir W. Parkins . Consider that , did you ever hear me call this King Prince of Orange since he was King ? Mr. Sweet . I do not know , I am not positive in that . Mr. How long have you been acquainted with Sir William Parkins ? Mr. Sweet . Three years . Mr. Soll. Gen. Have you ever heard him call this King Prince of Orange ? Mr. Att. Gen. What did he use to call him ? You had frequent discourse with him about the present Government ? Mr. Sweet . He would call him King William , and the little Gentleman . Mr. Att. Gen. What did he call him else ? Mr. Sweet . King William , the little Gentleman , our Governour . Sir W. Parkins . When did you hear me call him the little Gentleman ? Pray consider of it ; I am sure I always called him King William , but never the Prince of Orange , nor the little Gentleman ; I am sure I never used such an expression . L. C. J. Holt. Recollect your self , speak the truth , and no more ; did you ever hear him call him little Gentleman , or Prince of Orange ? Mr. Sweet . I am studying the time : I am sure I have heard him call him Prince of Orange , and King William too : but when he spoke of the King , I understood him to mean King James . L. C. J. Holt. Sir William , when you came from Leicestershire , you talked with him of the King's Friends , and how well disposed they were for the King's Interest , and he understood it of King James ; and you said , the West was as well disposed as the North. Were you to go to Leicestershire to see whether the People were well disposed to King William ? Sir W. Parkins . No , My Lord , nor King James neither . L. C. J. Holt. Why did you concern your self with the King's Friends in the West and in the North ? Mr. Soll. Gen. When was it that Sir William spoke to you of the King 's Landing ? Mr. Sweet . About Christmas . Sir W. Parkins . Did I tell you positively , that he was to land ? Mr. Att. Gen. You said , you had his word for it . Sir W. Parkins . That cannot be , it carries no Probability with it . It were strange , if I should have it from the King 's own Mouth , when I never was out of England ; indeed , if I had been out of England , it had been something . Mr. Cooper . He did not say from the King 's own Mouth , but you had the King's word for it . L. C. J. Holt. Sir W. Parkins , Why did you send your Man to Kensington , to speak with one Brown ? and what was that Person that lodged at the Confectioners in Holbourn , over against Grays Inn ? Sir W. Parkins . I know neither Brown nor the other : but I lent my Man , at the Request of Mr. Charnock , who lodged at the same House with me : he desired me to lend him my Man to go on an Errand for him , and I lent him my Man , that was formerly his Servant , and he knew the Man ; I knew neither of them , nor their business , nor whether there were any or no. He imployed him , about what I know not , nor their Business . L. C. J. Holt. Have you any more to say ? Sir W. Parkins . I think , my Lord , there is but one positive Evidence as to any Overt-Act . L. C. J. Holt. What do you think of the Design to bring in King James , to assist him with Horses , and providing Horses and Arms ? Sir W. Parkins . There is no positive proof of that of Arms. L. C. J. Holt. Yes , of Arms ; about Michaelmas last there were Arms sent to your House , which you sent to Mr. Charnock's Brother-in-Law . These Arms lay there till Ashwednesday at Night , and then were fetcht away by Night , and removed and buried at your House , and taken up again , and an account has been given what Arms they were ; there were four dozen of Swords , there were Hilts to them , and 25 Cases of Pistols , and several Carbines . Sir W. Parkins . My Lord , it does not appear , that they were bought , nor for what intent they were bought . L. C. J. Holt. But then he tells you , your going to Leicestershire was understood to be for King James , and settling his Interest there , which by and by I must leave to the consideration of the Jury , that is an Overt-Act : and when you came back , you gave an account how they were disposed in the West as well as in the North. Sir W. Parkins . But is this an Overt-Act of Treason , to tell how People stand affected ? L. C. J. Holt. But your going with that Design . Sir W. Parkins . He does not prove that Design , I went to see my Friends . L. C. J. Holt. Mr. Sweet , did not he tell you he was to go into Leicestershire ? Mr. Sweet . Yes , to meet some of the King's Friends . L. C. J. Holt. Did he tell you who ? Mr. Sweet . Yes , my Lord , that there was a Lord's Brother ; and when he came back , he told me all was well , and that the West was as well inclined as the North. L. C. J. Holt. To what ? Mr. Sweet . To the King's Interest . L. C. J. Holt. Did he speak of a Lord's Brother ? what did he say of a Lord's Brother ? Mr. Sweet . There were several Persons concerned , and among them a Lord's Brother . Juryman I desire your Lordship to ask him , for we took it so before in the course of the Evidence , when he discoursed of the King 's landing , we took it of the late King James . L. C. J. Holt. Did he ever mention King James ? Did he name King James or King William ? Mr. Sweet . He never used to say King James , but I took him to mean King James , he called him the King. Mr. Att. Gen. Who could land but King James ? Mr. Soll. Gen. About what time was that Discourse ? Mr. Sweet . About Christmas . Sir W. Parkins . If I did say the King is to land , I hope this discourse cannot be interpreted Treason , but words . He says , I said I had it from the King 's own Mouth , which is impossible ; but if I had said , I had it from the King 's own Mouth , and did tell him so , it is no Overt-Act , it cannot be interpreted Treason . And then for the other , I am charged with being in a consultation for sending over Mr. Charnock , there is but one Witness , there is only Mr. Porter for that , and that 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 vengeance to him . And therefore this being in its nature Treason , the providing Arms , and going up and down to raise Men , to make insurrection is so . Sir Will. Parkins . That is not said , my Lord ; This is not said , That I met with any , with an intent to raise Men , no , by no Evidence : It is said I went to meet with some Friends ; Pray , my Lord , go not beyond what the Evidence is ? L. Ch. Just . Treby . Your Words I think I did take , and I will do you no wrong . You said , you went into Leicester-Shire , and that it was to meet your Friends ; He says , the King's Friends . By Friends , it is plain King James his Friends , and not King William's ; As you spake of the King 's Landing , and that at Christmas last , when every body knows King William was here , and had been so for sometime . Sir Will. Parkins . That of Landing was at Christmas ; the Journey was long after . L. Ch. Just . Treby . The coupling I make , is , that at Christmas you used the Word King , and he says you meant K. James ; now the question is , if you meant by the Word King , the same in January , as in December . And you said further , that you found the West as well inclined to the King as the North , and that a Lord's Brother was concerned in it . If by King were meant King William , how impertinent were this Discourse ? To say that the West was as well inclined to King William as the North , and that a Lord's Brother was concerned ; in what ? in being true to King William ? What a strange kind of discoursing is this I was willing to hear you explain this as well as you can . But here is this of providing of Arms proved by Four or Five Witnesses , and secreting of them in this manner : And you have no Witnesses to prove that you provided these for the use of the Government . It is not lawful to provide Arms , as you did : And to provide Arms for a whole Troop , and secret them in this manner is the gleatest Evidence to me that there was no other use of them . Whether you had provided for a whole Troop or no , I may not be skillful enough to know that ? But it is plain to me , an Insurrection was intended . If you had found them in your House in Warwick-Shire , you ought to have discovered them , and have used them for the Government ; and that when you had a Commission , and not before . Then he says , you had a Troop . Sir Will. Parkins . He only tells you my Troop would be composed ? L. Ch. Just. Treby . Does he not say you had a Troop , that consisted of Old Soldiers ? Sir Will. Parkins . It is to be , not it was . L. Ch. Just. Holt. Did he say it did consist , or would consist ? Mr. Sweet . He said his Troop was composed of all Old Soldiers . Sir Will. Parkyns , Does it appear ? Here is but one Man. Does this Troop consist of Men in the Air ? Are none of these Men known ? Suppose I should tell him a brag , a Lye ; shall I lose my Life for talking of a Troop in Nubibus ? Mr. Att. Gen. Though we have not found your Men , we have found your Arms. Your going into Leicester-Shire , and bringing that word back , that is a Fact. Sir Will. Parkyns , Where was it , and when were they bought , and made ready ? It does not appear ; and I do affirm , and can prove to your Lordship , if you give me but one days time , that they were at my House in Warwick-Shire when I first came there , Two years ago , or I will be Crucified , if it be not proved to your satisfaction that they were at my House in Warwick-Shire , long before any thing of this discourse was had or thought on . J. Rookby , If your Lordship desire my Opinion , I suppose it is to the matter of Law propounded by Sir William Parkins . He says there ought to be Two Witnesses to the same Overt-Act . I take the Law to be this , that there need not be Two Witnesses to the same Overt-Act ; But if there be One Witness to one Overt-Act , and another to another Overt-Act of the same species of Treason , this is Two Witnesses in Law. Now it seems to be one species of Treason , for it is a compassing and designing the Death of the King several ways , one by Assassinating his Person , the other by bringing in Foreign Forces , and preparing Arms to meet that force here . Now here are many Witnesses to prove Arms prepared and found , and some were present when the Boxes were opened , and proved that these Arms were directed by you the Prisoner to be sent to Heywood's House . It is true , Mr. Charnock writ the Letter , but it was by Sir William's directions , and Sir William Parkin's Servants fetcht them away from this place ; this is as plain as any thing in the World : And this I take to be another Overt-Act , and proved by several Witnesses , touching the same Treason , the compassing and imagining the Death of the King. Sir William Parkins tells you of being Educated to the Gown ; I do not know what occasion a Gown-Man should have for so many Arms. Sir Will. Parkyns , If you please to let me send for some Witnesses , I will prove that were there Two years ago . J. Rookby , There was a design Two years ago , and a design to destroy the King. Sir Will. Parkins . I desire the Statute of Treason , of 25 Edw. 3. may be Read , and the New one . L. Ch. Just . Holt. Let it be read . It was read accordingly . L. Ch. Just. Holt. There is another Statute , of 5 Edw. 6. more for your purpose . Sir Will. Parkins . My Lord , I expected to have found it in this ? Then the other Statute was Read. L. Ch. Just . Holt. Sir William , you have heard the Statute Read , do you infer any thing from it ? Sir Will. Parkyns , It requires Two Witnesses , and there are not Two Witnesses . L. Ch. Just. Holt. That I must leave to the Jury , whether the Witnesses do not prove an Overt-Act to demonstrate a design you had to depose the King : For if so be here be a design to despose the King from his Throne , and that be manifest by any Overt-Act , that is High-Treason by this very Act. Sir Will. Parkyns , That I agree to ; but there must be two Witnesses to it . L. Ch. Just . Holt. Nay , suppose the design be to dethrone the King one way or another , one way by an Assassination , the other way by joyning in an Insurrection or Invasion ; there must be a Witness to each Overt-act . Sir Will. Parkyns , There must be two Witnesses to each Overt-act . L. Ch. Just . Holt. To each ? No , for the new Act which commences to Morrow , declares it to be sufficient to have one Witness to one Overt-act , and another to another Overt-act . Sir Will. Parkyns , But it must be one Species of Treason . J. Rookby , That that I deliver'd my opinion in , was , that one Witness to one Overt Act , and another to another Overt Act. of the same Species of Treason , is good now ; and I am fully confirmed by this Act of Parliament , which commences in a day or two . Let the Act be read . L. Ch. Just . Holt. A design to depose the King , which is manifest by some Overt Act , that is an Overt Act to prove the design of deposing the King ; for he that designs to depose him from his Kingly State and Dignity , if that design be manifest , that is an Overt Act for designing his Death . Sir Will. Parkyns , But it must be manifested , it must not be by interpretation . L. Ch. Just . Holt. If that be proved , if the next Overt Act be proved , that you design the Kings deposition , then it is apparent you design his Death . Sir Will. Parkyns , But they are different things . L. Ch. Just . Treby , Sir Will. Parkyns , we have seen a King deposed , and yet alive , it is very true , and yet not the Success that always does it . But whenever Persons agree together to bring in Foreign Forces , and prepare Arms to meet them , and make Insurrection against the King in possession ; this is reckoned an Overt Act by my Lord Chief Justice Hales , and my Lord Cook ; and yet those Men are reckoned to be the most tender Men in these Cases : And the reason is very plain . Sir Will. Parkyns , If your Lordship please , let that be read . L. Ch. Just . Treby , For any Act that has a natural tendency to the destruction of the King , that is the expression of an internal thought of compassing and imagining his Death : Providing of Arms , and making an Insurrection against the King , is an Overt Act , and an agreeing to shoot him , is an Overt Act. Sir Will. Parkyns , I desire it may be read , and I am satisfyed . The new Act was then read . J. Rookby , I believe in a great Cause in Parliament , my L. Stafford's Case , it was declared for Law , that one Witness to one Overt Act , and another to another , was declared sufficient in Law. Sir Will. Parkyns , I believe it has been done . But yet if your Lordship please , here is a beneficial Law , which , if your Lordship had pleased to put off my Tryal another day , I might have had the benefit of . J. Rookby , It would have been the same thing as to an Overt Act , for this is only indicative of the same Law in several particulars . Sir Will. Parkyns , No , my Lord , but I could have had Witnesses to have taken them off ; but here it turns upon the matter of Sweet ; and it is manifest , he has spoken what cannot be true , viz. that I had the Kings word for it . J. Rookby , If a Man write a Note to you , that he will do a thing , that might be said to be his word , though by a Letter . Sir Will. Parkyns , If I had it from his own Mouth , not else . L. Ch. Just . Holt. It is not impossible but you might speak with him . Sir Will. Parkyns , No ? It is impossible ; for can I speak from hence to France ? Mr. Charnock went over , but I never went over . J. Rookby , If any man should have said the latter end of the last Month , I believe there is an Assassination intended against K. William , meerly because he had his Word for it , we might say , we had the King's Word for it , that is a proper expression , if it come by Letter or publick Fame . L. Ch. Just . Holt. He might send you word so by a Message . Sir Will. Parkyns , He manifestly contradicts himself , backward and forward , in his Evidence . Captain Porter swears for to save his own Life , and the other contradicts himself . J. Rookby . Captain Porter's Testimony has been sufficiently confirmed by the acknowledgment of dying Persons . L. Ch. Just . Holt. Sir William , have you any more to say ? Sir Will. Parkyns , No , my Lord. Then the King 's Learned Counsel summ'd up the Evidence to this Effect . Mr. Soll. Gen. May it please your Lordship , and you Gentlemen of the Jury , I am of Counsel for the King in this matter , and it is my turn to sum up the Evidence that has been given against the Prisoner at the Barr. He stands indicted for compassing and imagining the death of the King , for designing to depose the King , and by an Insurrection , incouraging and abetting the King's Enemies , and doing what he could to procure an Invasion upon his own Countrey . Some of these Crimes run into one another ; designing the death of the King , the Assassinating , and deposing of the King , amount to the very same thing , it is compassing and imagining the death of the King. My Lords the Judges have given you their Opinion in that point of Law , and it is , I think , agreeable to all the resolutions since the making of that Statute . I think this Statute made in the 25 Edw. 3. was explained in the time of his Successor , Rich. 2d . but I am sure in the time of Henry 4th . when it was designed to set up Richard , it was adjudged High-Treason , for compassing and designing the death of the King. For deposing of him , was destroying him in his politick Capacity , and Assassinating of him , was to destroy him in his natural Capacity . The design was to overthrow the present Government establish'd by Law , whereby every Man injoys his own Property , every Man injoys his own Freedom , and those that will be quiet , may have their own Liberty , as well as at any time they ever had it . But some People are very impatient , they are not contented to have servitude themselves , but would bring it upon their Fellow Subjects . And it would not be very ill , if those that be in love with it , would go where they may fill their Bellies with it , in another place where they may have it , and not bring it upon those that would be very impatient under it , as we all are , and I hope shall always be . To prove the Invasion , we have Captain Porter , and he tells you he had seen a Commission from the Late K. James , all written with his own hand . Sir Will. Parkyns , I beg your pardon , he does not say such a word . I beg , my Lord , the Witnesses may be called . L. Ch. Just . Holt. If I remember right , Mr. Porter said you had read the Commission , and it was writ with K. James's own hand , and he said it was because he could not trust his Ministers . Sir Will. Parkyns , No , my Lord , he said not so ; but all I said , was that Scudmore was to take one . Mr. Soll. Gen. Pray Mr. Porter , give my Lord and the Jury an account what Sir Will. Parkyns told you . Capt. Porter , I askt Capt. Charnock , if I might not see the Commission ; he told me he never saw it himself , but that Sir William Parkyns had , and that it was written with K. James's own Hand . He said , Sir Will. Parkyns said it was to raise War against the King's Person . Mr. Soll. Gen. By whose Hand was it writ ? Capt. Porter , With the King 's own Hand . Mr. Soll. Gen. Did he give you any reason why it was written with his own Hand ? Capt. Porter , Because he would not trust his Ministers . Mr. Soll. Gen. I would not do Sir William wrong in any respect : I well rember Mr. Charnock told him he had seen it , but I would not offer that as an Evidence against the Prisoner . But Captain Porter says , Sir William Parkyns said he had seen it , and said it was written with King James's own Hand . And Mr. Porter says , they had meetings at several places , and he names you the places where ; the Nags 's - Head Tavern , the Sun Tavern in the Strand , the Globe Tavern in Hatton-Garden ; and particularly that it was agreed , that Mr. King that was executed , and Mr. Knightly and himself , should go and view a place that was most proper for the Assassination , and they were to come and give an account what place they thought most proper . And that accordingly they did go to view a place , and came home at Night , and met at the Sun Tavern in the Strand , and Sir William Parkyns was there ; and there they gave an account what place they had viewed that was proper , and all agreed to it . He says indeed , that Sir William Parkyns was not to execute this design in Person , but one Scudmore was to be a Man to be employed . And Sir William Parkyns did say it was very necessary to be done , for that it would facilitate the introduction of K. James . There is likewise concurring Evidence with Captain Porter ; he says , that Sir William Parkyns was to procure five Horses , three for himself to mount Men upon , two to lend Mr. Porter to mount Men upon ; and if there were further occasion for Horses , he could procure them from one Mr. Lewis , Gentleman to the Lord Feversham . Accordingly we have produced you three Witnesses , Freeman , Tartle , &c. and they give you an account , that upon Friday , the day before the fixt day designed for the Assassination , there did come three Horses to Town from Sir Will. Parkyns ; but the business being put off upon a disappointment , they were sent out of Town again , to return the Friday afterwards , the day before the Discovery . Then four Horses were brought to Town , and a fifth Horse was borrowed of this Lewis , a Roan Gelding . Sir Will. Parkyns , Pray Sir , observe what sort of Horses they were , what heighth . Mr. Soll. Gen. They were about fourteen hands high , Sir William , so four were brought to Town , and the fifth was brought from Somerset-House , so that there were the five Horses Captain Porter speaks of , three whereof were to be mounted by Sir William Parkyn's own Men , the other two were to be lent to Captain Porter to mount his Men. And this is concurring Witness to Captain Porter's Evidence , and it is very near two Witnesses to prove this Species of Treason . And then Captain Porter goes further , and he proves that Sir William told him that he had a Commission to raise a Regiment of Horse , and that he was providing so to do . Then we call Mr. Sweet , and he gives you an account that he had been acquainted with Sir William Parkins for three Years past ; and that talking with him about the King , his present Majesty , and sometimes about K. James , he says the King was to Land very speedily , and that he had a Troop consisting of old Soldiers , and several Voluntiers to follow him . He said , he was to take a Journey into Leicester-shire , and accordingly he went. And when he return'd , he told him he found the West as well inclined as the North. And this is all the Evidence we produce from Mr. Sweet . Then to prove he did go into Leicester-shire , we produce his Servants , that he did go accordingly , and met with several Persons . What was done there they cannot prove ; but they corroborate Mr. Sweet's Testimony , that he did go , and we have all the reason to believe he went upon that design that Mr. Sweet said he did . Then , as a further concurring Evidence , that he was to raise a Regiment , or a Troop , whether a Troop or Regiment , is not material ; here is the matter of his Arms. There were four Dozen of Swords found in his House , thirty two Carbines , and five and twenty Cases of Pistols ; these were hid in his Garden . We have trac'd these Arms , and find they were sent from his House to Mr. Heywood's . But there he thought they did not lye very safe , therefore Sir William Parkins sent for them very privately ; and they were brought back to his House , and there they were buried . The same Person says he saw them taken up afterwards ; so that they were one and the same Arms that he sent away , and that were afterwards buried in his House . So that this is a concurring Evidence with what Mr. Sweet says , and with what Captain Porter says . And these are three Witnesses to that Treason he had a Commission to prosecute . Now against all this , he makes but very small Objection . For the matter of two Witnesses he has been over-ruled by the Court. For the Arms , he says , they were in his House , and he found them there when he came there first : But of this he has no manner of Evidence . But if they had been there when he came , how came he at this time to secret them ? Why might they not have been as publick now as before ? He might have kept them , and given some Reason why he did so . But when he gives no manner of Reason why he secreted them , he gives you a just Suspicion that they were for that end for which the Witnesses say they were designed , that is , to Arm that number of Men he was to raise , that were to be ready to assist King James when he came to Land here . So that if you believe what the Witnesses have sworn , I think , with Submission , you cannot but find him guilty of the Crimes for which he stands Indicted . Mr. Cooper . My Lord , Sir William Parkins has given us a good Caution , which I shall take care to observe , that is , not to strain either Fact or Law to his Prejudice . But , my Lord , when a Crime of this nature is so far proved against the Prisoner , as no Man can acquit him in his Judgment ; then , I think , it is good Service to the Publick , to make it so plain , as to be out of doubt to the Juries Conscience , and Satisfaction of all that think themselves concern'd in this Crime , and that it is worth their while to hear this Tryal . My Lord , Sir William Parkins his Indictment is divided into Two Parts ; one that accuses him for Assassination ; The other to invite the French into this Kingdom , and to meet them with an Armed Force . For the first part , I must do him that right , there is but one positive Evidence for his being concern'd in the Assassination . But that Evidence says he agreed to it in several Meetings ; and in one that he said , it was necessary in order to the other Design he was ingaged in , and that it would facilitate the Descent of the late King James into this Kingdom . But that one Evidence is confirmed by several concurring Circumstances : By his sending for his Horses to Town the day before the first Saturday that the King was to be Assassinated : By his sending them out of Town upon that Disappointment ; and sending for them again before the second Saturday when the King was to be Assassinated : By his having more Horses than usual , and taking care of three Horses that were none of his own , brought by a Person unknown : And all these Eight Horses carried away that Saturday , upon the Disappointment , by the King 's not going , as they hoped he would , a Hunting . And , my Lord , I must observe to you , that upon the Message that was sent by Sir William Parkins , one of those Horses was brought from Somerset-House , and brought by Mr. Lewis , who it is apparent was privy to this Design . Besides this , there is another Circumstance in the Evidence , that has not been observed ; And that was the sending for Mr. Sweet up to Town before the second time that the King was to be Assassinated . The first time he came up , he was asked in what Condition he had left his Family , how they were provided for ; And he said , he had left them without Mony : Sir William Parkins then chid him , and said he might as well have staid at home ; And said , he had once a Design to have used him in a Matter he had for him to do in Town , but he had Compassion on his Family , and therefore would not make use of him . All these favour of that Design which Captain Porter positively accuses him for . But as to the other part of the Indictment , which is his Design to meet the French with an Armed Power , that is sworn to by two Witnesses . Captain Porter tells you he was at the two Consults , where that was resolved upon , the Old King's head Tavern in Leaden-Hall-street , and at Mrs. Mountjoy's in James-street . They all agreed to meet the late King with 2000 Horse , when he was to Land with a Foreign Power ; and Sir William Parkins was with them . And Mr. Sweet tells you , Sir William acquainted him with the Design , and said he had a Troop of old Soldiers ; My Troop , in the Present Tense he spoke it : He did himself that right to examine into that matter : And the Evidence repeated it , My Troop consists of all Old Soldiers , and he was to have several Gentlemen Voluntiers that were to join him . As to the Joining with the French , the Raising of Rebellion in England , and Deposing the King , which is Killing him in his Politick Capacity , two Witnesses go home to that . And the Evidence as to that is corroborated by several strong Circumstances : The Journey that Sir William Parkins said he would undertake into Leicester shire , he did go : He comes back in February , and makes report to Mr. Sweet of the Success of that Journey ; That the King's Friends ( by which terms he meant the late King James's Friends ) were well affected , That the King would Land. That when he spoke of King William ( as sometimes he did ) he called him the Little Gentleman , sometimes King William , sometimes the Prince of Orange : But whenever he spoke of the King by way of Execellency , he always meant King James . And when he spoke of the King 's Landing , it could not be meant of King VVilliam , as every body knows . The Prisoner has said in his defence , that the Man that was sent to Kensington was formerly Mr. Charnock's Servant , and that Mr. Charnock desired him to let him go on a Message for him . But yet , my Lord , I must observe , that the Evidence swears positively that he was sent by Sir VVilliam Parkins , and brought back the Message in his Almanack , to the Person that lodged at the Confectioners , to whom Sir VVilliam Parkins had directed him to resort , to that Person that lodged at the Confectioners over against Grays-Inn Gate ; who did not remit him to Mr. Charnock , but to Sir VVilliam Parkins , to tell him that he would be at home till Sir VVilliam Parkins should be ready for him . My Lord , Sir VVilliam Parkins has complain'd , that if he could have had time to get his Evidence , he could have proved that these Arms had been at his House two Years , and that he sound them at his House . But if Sir VVilliam Parkins could prove that he had these Arms in his House two years , and that he found them at his house , we would confess , and avoid it : They were recommended by a Letter from Mr. Charnock ( a very suspicious Person in this matter ) to be disposed of , and they were hid , and lay conceal'd at Mr. Heywood's House , till this design was disappointed , and then carried to Sir VVilliam Parkins's House , and were buried in his own Garden for the better securing of them : And this on the breaking out of the Plot. Sir VVilliam says they were Rusty . But now it appears they were clean , and the Hilts off , packt up together , and all fit for use . My Lord , in the last place , he has recourse to Arguments of Pity , which is the most moving of all : He has told us of his Age , and Family , and Education . I am very unfit to answer such Arguments , and unwilling to extinguish Pity : But this we must answer , That he did not Pity himself at that time when he might have done it : And he should have had Pity upon his Country , upon the Best of Kings and Men , when they thought they had him in their Power . But then they had no Pity on him , for it is plain they persisted in their Resolution ; after one Disappointment , they proceeded to a second , and so their Design was frustrated . My Lord , This is the Sum of the Evidence , and of his Defence , as well as I could recollect it . And though these Considerations may not quite extinguish your Pity , yet we hope it will incline you to do the King and Kingdom Justice ; And this is all we shall ask of you . Then the Lord Chief Justice Holt directed the Jury to this Effect : L. C. Just . Holt. Gentlemen of the Jury , Sir VVilliam Parkins , the Prisoner at the Bar , is as you have heard , Indicted for High-Treason , that is , for Compassing , Imagining and Designing the Death of the present King. There have been several Witnesses produced , to make this evident upon his Indictment . The first of them is Mr. Porter , that has been a Witness heretofore against several upon the like Occasion . And he gives you this Account , That about the latter end of May , or beginning of June last , there was a Meeting of divers Persons at the Old Kings head Tavern in Leaden-Hall street , in this City , where they Dined together . There was Sir VVilliam Parkins himself , Sir John Femwick , and divers others that he has mentioned to you . At that Meeting they did Consult together which way the late K. James might be restor'd ; and it was thought very necessary that there should be a French Force sent over to act here in his behalf , towards his Restoration . And they did among themselves agree and determin what number might be convenient , and did propose 10000 Men : and that a Messenger should be sent over to K. James , to endeavour to prevail with the French King to furnish him with such a number of Men , to be sent over into England . Mr. Charnock , that was then in the Company , was agreed upon among them to be the Messenger to go over to King James . He accepted of it on their Promise that they would raise among themselves 2000 Horse , to meet King James at such time as he should Land. This being at that time determined , and Mr. Charnock having accepted of the Employment , by what I perceive , the Messenger did make a preparation to go forward . A few days after this , about a Week , or thereabouts , there was another Meeting , at which most of the same Persons were , that were present at the former , and among them Sir William Parkins was one : And this was at one Mrs. Mountjoy's House , that keeps a Tavern in St. James's - Street● : There they did discourse of what they had formerly agreed upon , and did consider whether or no they should proceed in that Design , that was before resolv'd upon in the former Meeting : And they did all of them agree to persevere in the same Design , and did determin that Mr. Charnock should go over with that Message . Accordingly Mr. Charnock did go ; for Mr. Porter met him afterwards , about five or six Weeks after ; and Mr. Charnock told him he had been there ; and that he had been with those several Gentlemen that were at those Meetings , and had acquainted them with the success of his Errand ; which was , that King James did tell him , That at that juncture of time , the French King had such occasion for his Forces , that he could not that Year furnish him with them . So that is one thing proved by Mr. Porter against Sir William Parkins , in which Mr. Porter is very peremptory and positive . But then Mr. Porter tells you further , That there was a design of Assassination set on foot , and that Sir George Berclay was engaged in it ; who about the latter end of January last , or the beginning of February , was sent over hither with a Commission from the Late King James . Sir George Barclay , and Sir William Parkins , Captain Porter , and divers others , had several Meetings , in several Places ; at the Globe Tavern in Holbourn , the Nag's - Head , the Sun Tavern in the Strand , and other Places . And at these Meetings it was taken into consideration , which was the best and most effectual way to bring about their Design , to restore King James : And it was agreed among them all , That the best course that could be taken , was to kill King William : And at all these Consults , at which these Resolutions were taken , Sir William Parkins vvas present . And when Mr. Porter was asked , whether Sir William Parkins did consent to that Resolution , he says , he said he thought it very convenient . This is Sworn by Mr. Porter . This design of the Assassination being so resolved upon , the next thing was , how it might be effected : And there were several ways that were proposed . One way was to Assassinate him on the other side of the Water , the King going frequently once a Week a Hunting , when he had a mind to Divert himself , using to come back in the Evening . Then it was proposed to do it by falling upon the Guards on this side of the Water . The place not being agreed on where it should be done , they did send it seems three Persons to view the Ground ; there was Mr. Porter , Mr. King , and one Knightly . So some days before the 15th of February , these Persons viewed the Ground ; and having viewed the Ground , they returned in the Evening to a Tavern , where these Persons met together , Mr. Charnock , Sir George Berclay , Sir William Parkins ; and they made their Report upon the view of the Ground : And upon that Report those Persons made , it was then agreed , That the Attempt should be made on this side of the Water , that is , in a Lane that the King was to come through ; a Lane between Turnham Green and Brentford . And when the Attack was to be made thereabouts , Sir William Parkins was to furnish five Horses , whereof three were to be mounted by Men of his own providing , the other two by Men of Mr. Porter's providing . It was Mr. Porter , Mr. Charnock , and one Rookwood , that were to be principally engaged ; and the number of Men were to be about Forty , or somewhat more : And Sir George Berclay with his Party , were to Attack the King in his Coach , while Rookwood and the other Party fell upon the Guards . Well , the time agreed upon at first , was Saturday the 15th of February , that day it was expected the King would go out a Hunting ; and there were two Men Planted at Kensington , and they were to give notice when the King went , and those Persons were to go and lye in small Parties thereabouts ; and when notice was given that he was out , they were to make the Attack . But it seems this Design was disappointed by the King 's not going abroad that day , so they lost their end at that time . But it seems notwithstanding this , the Design was not at an end ; they were not so discouraged at this disappointment , but they did agree to make another Attempt : And there was another Meeting that Captain Porter tells you of ; And that was on Friday following , the 21st . of February , at the Sun Tavern in the Strand , if I mistake not : And at that Meeting was Sir William Parkins , Sir George Berclay , and Rookwood : And they did agree to do the Business the next day , in the same manner and method they formerly had agreed to . Sir William Parkins was not to be one himself , tho he was to provide others . You are told further , that Captain Porter having the misfortune to have two of his Horses fall Lame , he acquainted Sir William Parkins with it ; and Sir William Parkins promised to help him to two more , and Mr. Lewis was to furnish them . You are told further , that before this , Sir William Parkins sent to Mr. Sweet to come to Town ; he sent to him about the 11th of February ; Mr. Sweet comes to Town about the 12th of February ; there he had Discourse with him , and tells him he had some Work for him ; and ask'd him how he had left his Family ; whether he had settled his Family ? No , says Sweet . Then says Sir William Parkins , you are not fit for that Employment that I intended for you ; you may go out of Town again . Then he comes the Friday following ; then his Groom was to bring some Horses to Town , and he does bring four to Town . Then Mr. Sweet came to Town ; and on Saturday Sir William Parkins says that he would go out of Town that Afternoon ; but he stayed till Monday , and then he went out of Town . Friday following the Horses came to Town again , and were set up at the George Inn. The next day was to be the Assassination . Mr. Lewis was to furnish Mr. Porter with two Horses ; five Horses were to be furnish'd upon Sir William Parkins's account ; and five Horses Sir William Parkins had there at that time : This is proved to you by the Hostler . Then Mr. Lewis himself comes on Saturday in the Afternoon , to speak with Sir William Parkins , to enquire for him ; but Sir William was not in the way . These are Circumstances that prove and confirm Captain Porter's Evidence , as to Sir William Parkins providing Horses : He had five Horses , and Mr. Lewis was the Person to furnish him with one , and it may be might be prevailed upon to furnish Captain Porter with more : But it seems there was no occasion for more , for the King did not go abroad that Saturday ; this was the last Saturday , so the Design perfectly fell . Then further , concerning the Commission ; he told you at first , That he asked Mr. Charnock if he might see the Commission ; he said , he had not seen it himself , but that Sir William Parkins had seen it . Mr. Porter was earnest with Sir William Parkins to know if he had seen the Commission ; and Sir William Parkins told him he had seen it and read it , and the Commission was writ with King James's own Hand : This Captain Porter tells you . And , what was the substance of it ? To make War upon the Person of the King ; called in the Commission by the name of the Prince of Orange : He had read it , and it was writ with King James's own Hand . So that , Gentlemen , as to the business of the Assassination , the Commission was the foundation upon which they went. This is the sum and substance of Captain Porter's Evidence , so confirmed by these Circumstances . But then there is another Witness , and that is Mr. Sweet , an Acquaintance of Sir William Parkins ; and he tells you , that about Christmas last , he was assured by Sir William Parkins , that the King would Land. By the King he understood he meant the Late King James . He asked him how he knew it ? Says he , I have his Word for it ; and , says he , I have 30 Saddles , and I have a Troop of old Soldiers ; My Troop , consists of all old Soldiers : This he positively says . And besides these , there were to be some Voluntiers , and they were to be old Officers . And he tells you , he was to go into Leicestershire , and he did go at the latter end of January ; and on Thursday he vvent to Stratford , and lay there the first Night , and the next day to Leicester : There went with him one Scudmore , and afterwards there was with him one Yarbury : And when he came back , he said , he found the Gentlemen of the West very well affected to the King's Interest , and as well disposed as those of the North. Then , in the next place , you are told , that about Michaelmas last , Mr. Charnock at his desire , sends a Letter into Warwickshire , to one Mr. Heywood , to receive some Goods to his House that were to come from Sir William Parkins , and lay them up carefully : And accordingly were those Boxes , those Chests sent ; and they continued to lye there until the latter end of February last ; at which time , Mr. Heywood says , he being in Town , met Sir William Parkins , and spoke to him concerning those things at his House , and ask'd him what he should do with them , how shall I dispose of them says he ? Whereupon Sir William says , we will shortly take care of them . Upon this Sir William sends his Servant into the Country , and notice vvas given upon Ash Wednesday that those things should be removed , and his Servant goes in the Evening vvith Cart and Horses to fetch them home : There these Chests and Boxes vvere found , three great Chests , out of vvhich the lesser vvere taken , and all carried avvay about Nine or Ten a Clock at Night , from that Place , to Sir William Parkins's House in Warwickshire . When they were carried there , they vvere buried , till such time as they vvere aftervvards taken : When they vvere dug up , upon the breaking open of the Chests , it did appear vvhat sort of Goods they vvere ; truly they were Arms , a considerable quantity of Arms ; There were four Dozen of Swords without Hilts , 25 pair of Pistols , and 32 Carbines , and there was a parcel of Hilts ready to be put to the Swords . This Gentlemen , is Sworn to you by the Evidence against Sir William Parkins : It was in the Night , about the time that the Plot broke out and was discover'd . And it seems the Arms were not rusty Arms , but they were very bright and good Arms , they did not want any scouring and cleansing ; bright Arms , very fit for Service . And there is one Circumstance more , that seems to affect Sir William Parkins about the Assassination ; And that is a Letter that was sent on Saturday the 15th of February to one call'd Brown , at Kensington , early in the Morning , by Sir William Parkins's Man ; and this Brown writ in his Almanack , and this was sent to a Man that Lodged at a Confectioners in Holbourn , over against Grays-Inn-Gate , ( Sir William Parkins remaining in Town ) and he goes to that Person , who seemed to be a Scotch-Man and talkt like a Scotch-Man ; and he bid him go to Sir William Parkins , and tell him he would be at home till he was ready to come to him . This now is the Substance of the Evidence given against Sir William Parkins . Now Sir William Parkins says for himself , that he does admit , that for what Capt. Porter does say , it is a very positive Evidence ; but that is but one VVitness : And no Person by Law , in Cases of High-treason , ought to be Convicted upon the Testimony of one Witness , let him be never so positive . For that he is in the right ; no man is to be Convicted by one Witness . But the Question is , whether there be not two Witnesses for one and the same Treason , which I told you at first was for Compassing , Imagining and Designing the Death of the King ? Capt. Porter is clear as to the Assassination ; and there is no other Witness to the same Overt-act ; But Sweet is for the Original Design , which was the Restoring the late King James , and for which Mr. Charnock was to be sent into France in May or June last , and so it was determined at the Consult held as aforesaid . But then what does Mr. Sweet say to that , which was still a part of the same Design , tho' at another time ? Mr. Sweet speaks of King James's Landing , of a Design of having a Force in readiness to meet King James , and to Assist him after he had Landed : And this is now to the self-same purpose , even as strictly as Sir William Parkins himself can desire . Now if there were no more in the Case , if we leave out the business of the Assassination , and consider only what was determined at the Kings-Head , and at Mrs. Mountjoy's Tavern , and what was the advice of Sir William Parkins afterwards ; That sure tended to the same End , the bringing about the same sort of Design that Sir William Parkins was ingaged in even in the Summer , that is , to be ready to Assist King James if he had Landed at that time . Now if the business of the Assassination had been left out of the Indictment , and there had been no more than a design and purpose to Depose 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 , Look to him , he is found Guilty of High-Treason . Cl. of Arr. Then hearken to your Verdict as the Court has recorded it . You say that Sir William Parkins is Guilty of the High-Treason whereof he stands Indicted ; but that he had no Goods nor Chattels , Lands nor Tenements , at the time of the High-Treason committed , or at any time since , that you know of . L. C. J. Holt. Discharge the Jury . Cl. of Arr. Gentlemen , The Court discharges you , and thanks you for your Service . L. C. J. Holt. Then we had best Adjourn the Court till five in the Evening . Cl. of Arr. Cryer , Make Proclamation . Sir William Parkins . My Lord , if you please , I desire I may have the liberty of Friends , and Relations , and a Minister to come to me , and that they may be in private with me . L. C. J. Holt. You shall have an Order of Court for the same . Cryer . Oyes , Oyes , Oyes : All manner of Persons , that have any thing more to do , at this General Sessions of the Peace , Sessions of Oyer and Terminer , holden for the City of London ; and Goal-delivery of Newgate , holden for the City of London , and County of Middlesex , may depart from hence for this time , and give their Attendance here again at five in the Evening , and so God save the KING . About Six of the Clock , the Lord Mayor , Mr. Common Serjant , and several Justices of the City of London returned into Court , and Proclamation being made for attendance , the Prisoner was brought to the Bar. Cl. of Cr. Sir William Parkins , Hold up thy Hand . Thou standest Convicted of High-Treason , for Conspiring the Death of our Sovereign Lord King William III. What hast thou to say for thy self why Judgment should not pass against thee to dye according to Law ? Sir William Parkins . I have nothing more to say . Cl. of Cr. All manner of Persons are commanded to keep Silence while Judgment is giving , upon pain of Imprisonment . Then Sentence was Pronounced againct Sir John Friend , and Sir William Parkins together . Mr. Com. Serj. You the Prisoners at the Bar , Sir John Friend and Sir William Parkins , have been Indicted for High-treason , in conspiring the Death of the King ; for Tryal thereof you have put your selves upon your Countrey , which Countrey have found you Guilty The Crimes you are Convicted of , are the greatest a Man can commit . Murder and Robbery are Injuries but to private Persons : But to contrive the Destruction of the King , is letting in Ruin upon Thousands of People . For Robbery and Murder there may be something pleaded for Justification , as for private Revenge &c. But to Set , Conspire , and Debate the Destruction of a Prince , the best of Men , the Father of his Countrey , no Man ever had any colour of Excuse for that . I would not add to your Unhappiness , I am sorry for the severe Judgment that you have brought upon your selves . All that remains for me to do , is , to Pronounce on you the Sentence . And the Court doth award , THat You , and each of You , be carried to the Place from whence you came , and from thence be drawn on a Hardle to the Place of Execution , and be there severally Hanged , but cut down while you are alive ; that your Privy Members be cut off ; that your Bowels be taken out , and burnt before your Faces ; that your Heads be sever'd from your Bodies , and your Bodies be divided into four Quarters , and your Quarters to be at the King's Disposal : And the Lord have Mercy on your Souls . Then the Court Adjourned to the 22d . day of April . FINIS . A True Copy of the Papers delivered by Sir John Freind , and Sir William Parkins , to the Sheriffs of London and Middlesex , at Tyburn , the Place of Execution , April the Third , 1696. Sir JOHN FREIND 's Paper . KNowing that I must immediately give Account to God of all my Actions , and that I ought to be especially careful of what I say in these Last Hours , I do solemnly profess , That what I here deliver is from my very Soul , with all the Heartiness and Sincerity of a Dying Christian . The Cause I am brought hither to suffer for , I do firmly believe to be the Cause of God and True Religion , and to the best and utmost of my Knowledge and Information agreeable to the Laws of the Land , which I have evermore heard do require a firm Duty and Allegiance to our Sovereign ; and that as no Foreign , so neither any Domestick Power can alienate our Allegiance . For it is altogether new and unintelligible to me , that the King's Subjects can depose and dethrone him on any account , or constitute any that have not an immediate Right in his place . We ought , I think , not to do this ; and surely when it is done , to assist him in the Recovery of his Right , is justifiable and our Duty . And however things may seem at present , I do believe , I am sure I heartily pray , That he shall be one day Restored to his Rightful Throne and Dominions . As for any sudden Descent of his Majesty upon these his Dominions , in order to the Recovery of them , I declare I had no certain knowledge of it , nor can I tell what grounds there was to believe it , so little reason had I to be in a present Preparation for it . I suppose it is not expected I should here endeavour to clear my self of the Assassination , which was not the Thing alledg'd against me ; however , it was mention'd , through what means I know not : As it was insinuated to my disadvantage , I forgive such as were therein instrumental : And I do also from the very bottom of my Soul , freely forgive , and beg of God to do so too , such as were any ways accessary towards the taking away my Life , which I really look upon to be their Misfortune more than mine . I profess my self , and I thank God I am so , a Member of the Church of England , though , God knows , a most unworthy and unprofitable part of it ; of that Church which suffers so much at present for a strict adherence to Lovalty , the Laws , and Christian Principles . For this I Suffer , and for this I Dye . Though I have a perfect Charity for people of all Professions , and do heartily wish well , and would endeavour so to do , to all my Fellow-Subjects , of what Persuasions soever . And indeed , I have met with a great deal of Uprightness and Sincerity among some people of very different Opinions in Religious Matters . And I hope and desire it may not be taken as an uncharitable Censure , or undue Reflection , that I objected to the Legality of Popish Evidence , being advised so to do for my better Security , upon the foundation of a Statute Law. Having owned my self a Member of the Church of England , I must take this opportunity , and I do it for God's Glory , to apply my self to you that are Royalists of that Church , and of the same Faith and Principles with my self : And I beg of you for God's sake , and the love of your Souls , to be very constant and serious in all Religious Offices , and holy Duties of Divine Worship and Service , which I have too much neglected , as I own to my great Sorrow : Let no Excuse , no Dangers , prevent or hinder you in these most necessary and serious Matters ; and be , I beseech you , very careful and circumspect in all your Actions , Behaviour , and Conversation , as I earnestly exhorted all that came to me . I have , I thank God , a great deal of Satisfaction in my present Sufferings , and have found it so ever since I have been under them : And blessed be God it doth continually increase upon me . And I do now lay down my Life with all Chearfulness and Resignation , in sure and certain Hope of a Resurrection to Eternal Life , through our Lord Jesus Christ ; through whose Merits alone I hope for the Pardon of my Sins , and the Salvation of my Soul. And so , O Lord , into thy Hands I commend my Spirit , for thou hast redeemed me , O Lord , thou God of Truth . And I do heartily and humbly beseech Thee Almighty God , and my most Gracious Father , to forgive and bless this Sinful Nation ; Deliver it from the Guilt of Rebellion , Blood , and Perjury , that is now on all sides more than ever , and from all those other Hainous Sins which cry aloud . Preserve and Bless this Church . Comfort our Distressed King ; Restore him to his Right , and his Misled Subjects to their Allegiance : Bless also his Royal Consort , Our Gracious Queen Mary ; his Royal Highness the Prince of Wales , That he may grow in Stature , and in Favour with God and Man ; Support and Strengthen all those that suffer in any kind for a good Cause ; give them Patience under all their Afflictions , and a happy Deliverance out of them . Forgive all mine Enemies . Pardon my former neglect , and remissness in Religious Worship , and Holy Duties , and all the Sins I have been guilty of to this very moment . Consider my Contrition , Accept my Tears ; And now thou art pleased to take me hence , take me into thy Favour , and grant that my Soul may be without spot presented unto Thee , through the Merits of thy most dearly Beloved Son , Jesus Christ our Lord. Amen . John Freind . Sir WILLIAM PARKINS's Paper . IT hath not been my custom to use many words , and I shall not be long upon this Occasion , having Business of much greater Consequence to employ my thoughts upon . I thank God I am now in a full disposition to Charity , and therefore shall make no Complaints , either of the Hardships of my Trial , or any other Rigours put upon me . However one circumstance I think my self obliged to mention ; it was Sworn against me by Mr. Porter , That I had own'd to him , that I had Seen and Read a Commission from the King , to Levy War upon the Person of the Prince of Orange : Now I must declare , That the Tenour of the King's Commission , which I saw , was general , and directed to all his Loving Subjects , to Raise and Levy War against the Prince of Orange and his Adherents , and to Seize all Forts , Castles , &c. which , I suppose , may be a customary Form of giving Authority to make War ; but I must confess , I am not much acquainted with Matters of that nature : But as for any Commission particularly levelled against the Person of the Prince of Orange , I neither saw nor heard of any such . It 's true I was privy to the Design upon the Prince , but was not to act in it ; and am fully satisfied that very few , or none , knew of it , but those who undertook to do it . I freely acknowledge , and think it for my Honour to say , that I was entirely in the Interest of the King , being always firmly perswaded of the Justice of his Cause , and looked upon it as my Duty , both as a Subject , and an English-man , to Assist him in the Recovery of his Throne , which I believed him to be Deprived of , contrary to all Right and Justice ; taking the Laws and Constitutions of my Country for my Guide . As for my Religion , I Dye in the Communion of the Church of England , in which I was Educated . And as I freely Forgive all the World , so whoever I may any ways have injured , I heartily ask them Pardon . William Parkins .