SET Sir William Parkins to the Bar.

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.

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.

I believe your Trunk was ſeized in order to ſearch for Treaſonable Papers.

Yes, My Lord, I believe it was. I hope it ſhall be delivered back again.

What was in it?

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.

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.

Had you ſent and complained of this before, care ſhould have been taken about it.

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.

I heard nothing of it, Let the Money be advanced; care ſhall be taken of it.

I thank your Lordſhip.

Sir William Parkins, Hold up thy Hand; which he did.

Thou ſtandeſt Indicted, &c.

How ſay'ſt thou, Sir William Parkins, Art thou guilty of this High Treaſon, whereof thou ſtandeſt Indicted, or not guilty?

Not guilty.

Culprit, How wilt thou be Tryed?

By God and my Countrey.

God ſend thee a good Deliverance.

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.

When had you notice of your Tryal?

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.

What Witneſſes do you want?

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.

When had he Notice?

He had Notice on Wedneſday laſt in the Afternoon.

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.

You were told on Wedneſday you might have what Counſel you would, and you had an Order on Thurſday.

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.

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.

I could not get him till Thurſday, and I had no Body to ſend.

If you had ſpoke to the Keeper, he would have ſent.

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.

You ſay you have divers Witneſſes, but name none. How long is it ſince you were Committed?

This Day Fortnight I was Committed: A Fortnight ago, My Lord.

And the Commitment charges you with High Treaſon. Were you not committed for High Treaſon?

I never ſaw the Commitment.

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.

The Keeper dare not keep a Copy of the Commitment from you; you might have had a Copy of it.

No body was permitted to come to me, if I had had it, but the very Goaler.

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.

We do not ſee any Reaſon to put off the Tryal upon theſe Suggeſtions.

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.

You are not ignorant, that Counſel has always been refuſed, when deſired in theſe caſes.

Here is a new Act of Parliament lately made.

That Act does not yet commence.

It wants but one day.

It is not in our Power to take notice of it ſooner: We cannot make it commence a day before the time.

Will your Lordſhip pleaſe that it may be read?

You ſhall have it read, if you will.

If your Lordſhip pleaſe.

Sir William, This Law has no effect as yet; but the Law ſtands as it did before the making of that Act.

It is reaſonable that I ſhould have Counſel.

But, Sir William, we muſt go according to Law.

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.

We cannot go againſt Law: We cannot make a Law, but muſt go according to it.

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.

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.

We cannot alter the Law, but are bound by our Oaths to proceed according to the Law that is in being at preſent.

Pray, my Lord, may not the Trial be put off for ſome little time? I am utterly unprovided for making my Defence.

You do not name any Witneſſes that you want, nor the time you can have them in.

I will name both, if you pleaſe, my Lord.

You have had as much Notice as any have had.

You have had as much Notice as Sir John Friend had yeſterday.

And as much as is neceſſary, even after the Act of Parliament takes effect.

Sir. J. Friend was charged with ſingle Facts, about the time; and I am charged with many things, much more particular, than he was.

My Lord, this Act does not meddle with Notice of Trial, but it continues the ſame as it was before.

No, nothing at all.

My Lord, I hope you will be my Counſel.

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.

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.

My Lord.

What ſay you, Sir William?

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.

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.

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. 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?

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.

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?

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.

Did Sir W. Parkins agree to that?

Yes, Sir, he did.

Where was the ſecond Meeting? Go on to that.

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.

And did they agree to it?

Yes, they did.

Did they agree to their former Reſolution taken at the firſt Meeting?

They did all agree to it.

Who was there?

I cannot ſay the Lord Mountgomery and Mr. Goodman were there, but all the reſt were there that were at the firſt Meeting.

When did you ſpeak with Mr. Charnock?

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.

Now give an Account of the Effect of that Meſſage.

Mr. Charnock told me, King James ſaid the French King could not ſpare ſo many Men that Year.

Mr. Porter, give an account of the Deſign for aſſaſſinating of the King, and what part the Priſoner at the Bar had in it.

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.

Who told you ſo?

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.

Do you know the Names of the men he was to mount?

I never had the Names of the men from himſelf.

What was done in this Conſult?

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.

You went to view the Ground, did you not? Give an account of that.

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.

Was Sir William Parkins there at that Meeting?

Yes Sir, he was.

Mr. Porter, give an account of the days you intended to do it.

Saturday the 15th and the 22d, the days the King uſed to go a Hunting.

Was there any Man at Kenſington to give notice?

Yes, there were two men; one of them had his Lodging at Kenſington.

What was his Name?

and there was another man, a Fleming, who went every day to thruſt himſelf among the Guards, to bring us Intelligence daily.

What was the reaſon it was not executed the firſt day?

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.

What was the Method agreed upon?

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.

When was the next Meeting, after you were diſappointed?

It was upon Friday before the 22d, at the Sun Tavern in the Strand.

Who was there at that Meeting?

No body but Sir G. Berclay, Mr. Charnock, Sir W. Parkins, and my ſelf.

And what was diſcourſed of then?

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.

Did you ſee Sir W. Parkins?

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.

Have you ever heard that Sir W. Parkins had a Commiſſion from the late King James?

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.

Then the Priſonner was to be one of the number to Aſſaſſinate the King.

Not in Perſon, for he ſaid he had other buſineſs to look after.

Mr. Porter, how many Horſes had you from Mr. Lewis?

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.

Had you a Note for the three Horſes?

Not from me.

Mr. Cranborn told me he had a Note; I do not ſay I had a Note.

Sir William, will you ask the Witneſs any Queſtions?

We are deſirous to know, whether at any of the Meetings the Diſcourſe was to Aſſaſſinate the King?

At all the Meetings.

Did Sir W. Parkins diſcourſe of the Aſſaſſination himſelf? What did he ſay when ſuch Diſcourſes were had?

Will you ask him any Queſtions?

Captain Porter, ſtand down.

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?

What you know of the Priſoner relating to that, and what Diſcourſe you had about the late King James's landing.

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.

Let me ask you a little: How long have you known Sir W. Parkins?

About three years.

What time was this Diſcourſe?

About Chriſtmas laſt.

Where was it?

At his own Houſe.

What was it he ſaid to you about this matter?

We were talking of the late King James's coming.

What did he ſay?

He ſaid he had bought 30 Saddles, and that his own Troop was compoſed of all old Soldiers.

But did he tell you of any Aſſurance he had of King James's landing?

Yes, he ſaid he had the King's word for it.

Was there any Diſcourſe of his going into Leiceſterſhire?

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.

What other Diſcourſe had you about this matter?

Nothing more as to particulars.

What Orders had you to come up to Town? why do not you tell it?

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.

Where was it?

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.

What directions had you from him when you went into the Country?

He gave me orders to go to his Lady with Directions to ſend up three of his ſtrongeſt Horſes.

When was this?

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.

When was this?

Friday night or Saturday morning.

What day of the Month?

The 13th or 14th.

You ſay you came Wedneſday the 11th: Wedneſday was the 12th.

I came on Friday night, on Saturday morning I went home again.

But on Saturday morning, who did you ſpeak with? Did you ſpeak with Sir W. Parkins?

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.

You ſaw them the night before.

Yes, I ſaw them.

What diſcourſe had you with them?

None, but in the Morning.

What Diſcourſe had you in the Morning?

Where did he tell you he was wounded?

At the Boyn.

You ſay Sir William Parkins told you his Troop conſiſted of all Old Souldiers, did he tell you what uſe his Troop was for?

I underſtood for what uſe, he did not tell me.

Where did you Dine that Day?

I Dined with Sir William Parkins, Mr. Charnock, Mr. Chambers, and one or two more that I did not know.

Sir William, will you ask him any Queſtions?

Did I tell you Mr. Sweet I had a Troop of Horſe?

I will name your own words, and no other; you ſaid your own Troop was compoſed of Old Souldiers.

How many Horſes?

I do not hear.

How many Horſes was you to bid his Man to bring to Town?

Three.

Was it three of his ſtrongeſt Horſes?

Yes, my Lord, three of his ſtrongeſt Horſes.

Did he ſay any thing of Volunteers to joyn with him?

Yes, he did ſay he knew ſome Old Officers who would be Volunteers, and would go with him.

Where were theſe words ſpoken?

In your Garden.

In what County?

In Hartfordſhire.

Then, my Lord, I deſire your Judgment, whether words ſpoken in Hartfordſhire, will affect me here?

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.

Mr. Sweet, you did not ſay that I told you I had raiſed a Troop, or would raiſe a Troop.

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.

I do not obſerve that Mr. Sweet ſaid any thing of me in NorfolkStreet.

You told him that you had ſome particular buſineſs for him, but that you would have pity upon his Family.

Sir William, will you ask him any more queſtions?

No, Sir.

Call Ewbank.

Do you know Sir William Parkins?

I was his Servant, a Groom to him.

For how long?

Not a Twelvemonth.

Give an account what Journey you took with Sir William Parkyns about Chriſtmas laſt.

In January laſt I went with him into Leiceſter Shire. We went from his own Houſe at Stony-Stratford, and lay there all Night.

What time was this?

I do not know what time exactly.

What Day of the Week?

On Thursday.

Whither did you go from Stony-Stratford?

The next Night we went to Leiceſter.

And what Gentlemen went with him?

One Captain Scudmore.

'Till Sunday Morning.

What Company did you obſerve came to him?

I knew none of them, I was never there before; there was one Yarbury, his Man ſaid.

Whence came he?

Out of Yorkſhire.

Was there another?

There was one in black Cloaths, they ſaid he was a Miniſter.

Did you ſee any other?

I was much about my Horſes, I knew no body there.

But did you ſee any body come?

It was Market day, and ſeveral came up and down Stairs, whether they went to my Maſter or no, I cannot tell.

Whither did you come when you came back from Leiceſter-ſhire?

To a Town called Suſa.

When came you back to Buſhy?

The Night following.

Who came with you?

Captain Scudmore.

What time did you come back?

About Eight a Clock on Monday Night.

After this, when did you bring up Horſes to the George Inn for your Maſter, and how many?

Three Horſes.

What time was the firſt?

Sometime after that, I do not know exactly.

What day of the Week?

Upon Friday.

What Month was it in?

I do not remember.

Was it Valentine's day?

Yes, my Lord.

Where did you bring them?

To the George-Inn.

Where?

In Holbourn.

Were there any Piſtols?

No, they were left in Town.

Where were they left?

I do not know.

When you came to Town with thoſe three Horſes, did you go to your Maſter preſently, and acquaint him with it?

Yes, I did.

What ſaid he?

He ſaid he thought he ſhould go home that Night.

Did he go home, or did he change his mind?

We did not go 'till Monday.

Did he ſay he ſhould go on Saturday.

He then ſaid he would go home that Night.

When did he go?

On Monday.

Who went with him?

Major Homes, a fat thick Man.

He went home with him on Monday, did he?

Yes, Sir.

When did he come to Town again?

On Friday Morning.

How many Horſes did you bring up then?

Four Horſes.

Who came with him then?

Major Homes, and I, and another Servant.

How were thoſe Horſes furniſhed?

With Piſtols; every Horſe had Piſtols.

Nothing beſides.

Did you bring any Boots?

None.

Where did you leave thoſe Horſes on Friday Night?

At the George Inn.

What Directions had you from your Maſter that Night, to go any where the next Morning?

One came to me, and ſaid, I muſt go to Kenſington to one Brown.

Tell whom you were to go to.

To one Brown.

What did he tell you that Brown was?

He ordered me to go to ſuch a place.

What place?

To a Houſe within a Door or two of the Gate that goes to the King's Houſe to one Brown.

Did he ſay he belonged to the King's Kitchin?

The Man lay there, and the Man where he lodged belonged to the King's Kitchin.

What was your Meſſage?

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.

What did he ſay to you?

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.

Did you go back to him?

Yes, I did, and told him what Brown had ſet down in my Almanack.

What Man was that, what ſized Man, what manner of Man?

A luſty man, a great Noſe, wide Mouth, ſwarthy Coloured.

What Age?

A middle aged Man.

What did he ſay to you?

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.

What ſaid your Maſter to you?

He bid me get the Horſes ready, for he would go home about two or three a Clock in the Afternoon.

What time came your Maſter to the Inn?

About 12 or 1 a Clock.

Who came with him?

One Lewis.

Did you know him? What is he?

I had ſeen him before.

What did he ſay he was?

My Lord Feverſham's Gentleman of his Horſe.

What Diſcourſe was there at the ſame time? What did your Maſter ſay about Saddles?

He asked what Saddles were brought. I told him two, and ſaid they were the Gentlemans I left with him.

What did Mr. Lewis ſay then?

He ſaid there was ſome miſtake then, for he ſaid he thought there were more.

How many were there in all, did he ſay?

Four and Twenty.

Did Mr. Lewis or Sir William Parkins ſay four and Twenty?

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.

Where were thoſe Saddles?

I do not know, my Lord, I ſaw them not.

What were the two Saddles for?

Who delivered them to you?

Sir William Parkins.

Where did they ſtand?

At the Gorge Inn, they were two Gentlemens Saddles.

For what Horſes were they?

For Horſes that were not my Maſters:

Did he ſpeak any thing to you of the Horſes?

He bid me ſee the Hoſtler give them ſome Corn.

Were they your Maſters Horſes?

Not that I know of.

Did your Maſter give you thoſe two Saddles?

There were thoſe two Saddles, I might take them up; my Maſter bid me ſee the Hoſtler give the two Horſes their Corn.

Were they not your Maſters Horſes?

Not that I know of.

When did you go out of Town with thoſe Horſes?

About Four a Clock in the Afternoon.

After this, when did you hear from your Maſter next?

On Monday after I had a Letter from him.

What was that Letter for?

To go into Warwickſhire, to one Evans his Servant.

Did he tell you what it was for?

I did not read it, it was ſealed.

Did you carry that Letter?

Yes, I did.

When?

I came to him on Tueſday about Four a Clock.

What did Evans and you do after that Letter was deliver'd?

Evans went and fetched ſome Boxes from one Mr. Heywoods two Miles off.

Did you go with Evans to fetch thoſe Boxes?

No Sir.

Who bid you go with him?

Why, there was a Man drove the Team, he was a Stranger.

Was you there, when they brought theſe Goods back?

Yes, I was.

What did they do with them?

They buried them in the Garden.

In the Boxes?

Yes Sir.

How many Boxes were there?

I think five or ſix. I did not know what was in them.

Did you help to bury them?

No, I did not help to bury them; but my Brother Evans told us they were choice Goods, I did not know what.

What time of the Day or Night were the Boxes fetched by Evans from Mr. Heywoods?

They went away about four in the Afternoon.

How far is Mr. Heywood's Houſe from Sir William Parkins Houſe in Warwickſhire?

About four miles.

What time did they return?

About 10 or 11 a Clock at Night.

Did they Bury them then?

Yes, I did ſee them buried.

Why did they bury them?

Becauſe they ſaid they were choice Goods.

My Lord, I underſtand he ſaid he ſaw them buried.

Did you ſee them buried?

I ſaw ſome Earth put upon them, but they put more the next Morning.

I will only ask you one Queſtion. That Perſon at the Confectioners, had he a lame Arm, or no?

I did not perceive it.

Sir, will you ask him any more Queſtions?

Yes Sir, he was.

You do very well to explain it. Have you any more queſtions to ask him?

No Sir.

Call Hipwell.

Is your Name Hipwell?

Yes Sir.

Where do you live?

In Warwickſhire.

Who do you live with?

Of my ſelf Sir.

Is your Name Hipwell?

Yes Sir.

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.

I came from Lichfield Fair from my Houſe to my Maſter on Wedneſday.

You ſaid you had no Maſter; Is he your Maſter?

He is my Maſter when he pleaſes.

Hipwell, pray give an account of what you know of Goods carried from Mr. Heywood's Houſe, and who came for them.

There was, to my beſt remembrance, either ſeven or eight Boxes.

Who came for them?

There came one of his Men, one Richard, and one Whetſtone, and one Marſtone.

What was Whetſtone?

He was a Tenant of Sir Will. Parkins's.

What did they bring to carry the Goods?

A Waggon and two Mares.

What time was this?

It was, to my beſt remembrance, about nine or ten at Night.

What did you do there? What Orders had you from your Maſter?

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.

What was that Mare borrow'd for?

I know not.

What uſe was there made of her afterwards?

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.

What were the Goods in?

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.

Did they carry them away that Night?

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.

And this, you ſay, was Aſh-wedneſday at Night?

It was Aſh wedneſday at Night.

Sir William, will you ask him any queſtions?

No.

Call Mr. Heywood.

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.

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.

What were the Goods put up in? How were they put up?

Did that Letter come from Mr. Charnock?

Sir William Parkins's Man brought it; his Name was Richard Evans, I think.

What Relation was Mr. Charnock to you?

I married his Siſter.

And you took thoſe Goods upon that Letter, upon his Recommendation?

Yes Sir.

Now give an account whether you did not ſee Mr. Charnock before Aſh-wedneſday, and what Diſcourſe there was between you about theſe Goods.

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.

When was this?

In February laſt.

What time?

The middle of February; I think it was about the 18th day.

Did you deſire the Goods might be removed?

I asked him when he would take them away? And he ſaid he would take them away the firſt opportunity, or to this effect.

When was the time they came for them?

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.

Call Whetſtone.

Pray give an account when you went with a Team to Mr. Heywoods Houſe, and what you know of that Matter.

I was at Work, and his Man came to me.

Whoſe Man?

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.

Who told you ſo?

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.

How many Boxes were there?

I cannot tell whether ſeven or eight.

Whither did you carry them?

To Sir William Parkins's Houſe.

What did they do with them there?

They carried them away, and threw them into the Ground.

Where?

By the Wall ſide, where they were found.

were you preſent when they were found?

Then you can give an account of thoſe choice Goods, what they were. Give an account what they were.

They were Arms.

How many?

I have forgot.

Call Mr. Wats the Conſtable to give an account of that.

appeared, and was Sworn.

Mr. Wats, was you preſent when Sir William Parkins's Houſe was Searched?

Yes, Sir, I was.

What did you find in Sir William Parkins's Garden?

Arms.

What quantity of Arms?

Four dozen of Sword, Twenty four Carbines, Twenty five Caſes of Piſtols.

What kind of Swords were they?

They were broad Swords, two-edged Swords.

Were they Hilted?

They were not, but there was a Box of Hilts for them.

Where did you find them?

In a Border, under the Wall.

Whoſe Wall?

Sir William Parkins's Wall.

Did you ſee the Boxes broke open?

Yes, Sir, I did, I had them all at my Houſe.

Was you by when they were broken open?

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.

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

Which will you have firſt?

Mr. Freeman.

Mr. Freeman, Where do you live?

At the George Inn in Holbourn.

What are you there?

An Hoſtler.

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.

My Lord, he was a Gueſt to the Houſe all laſt Summer, before I came to the Houſe, ſeveral times, ſometimes more, ſometimes leſs.

But this laſt Winter, give an account about February laſt, what Horſes, and what time.

Sometimes there were three Horſes, ſometimes four, ſometimes five; the moſt that ever he had was five.

When did the Five come in? What time was that he had five?

To my beſt remembrance, the five were the Week before this Stir; the Week before the Plot broke out.

The Week before the Proclamation?

Yes Sir.

What Day was it?

On Friday Night.

How many? Five?

Yes, my Lord.

Who came with them?

I ſaw none but the Groom, and one of his own Servants, I ſaw no other.

How were they accoutred?

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.

When did theſe Horſes go away again?

Saturday in the Afternoon.

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.

And what did you obſerve, nothing at all?

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.

Do you remember what Horſes were brought up the Week before?

Yes. Mr. Att. Gen. How many were they?

Two or three. They very ſeldom ſtayed a Night; if they ſtayed a Night it was a great chance indeed.

Can you remember thoſe that came the Week before, how long they ſtay'd there?

There were three very good Horſes ſtayed a Week.

Did they come in no name?

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.

But did you never obſerve a Roan Horſe that came in the Day before?

Yes, there was.

From whence came that Horſe?

From Mountague Houſe.

You miſtake: Was it not Somerſet houſe.

Yes, Somerſet-houſe, I am ſure it was Somerſet-houſe.

Do you know one Mr. Lewis?

I ſuppoſe the Tapſter does, I do not.

How many Horſes came from Somerſet houſe?

Only the Roan Gelding.

What kind of Horſes were they? What height was the Bay Gelding?

I ſay the Roan Guilding was about 14 Hands high.

Then there was a Bay Gelding, what ſized Horſe was that?

About fourteen Hands.

They were no great ſized Horſes.

It might be they might be fourteen Hands and an half.

But Hoſtler, have you not known thoſe Horſes to be mine a long time?

Yes, Sir I have.

What, the Roan?

No, not the Roan, I cannot ſay whether I ever ſaw him before.

Call the Tapſter.

Give an account what you know of any Horſes of Sir W. Parkins coming to the George-Inn.

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.

What time of the Month?

I do not know the day of the Month.

What day of the Week?

It was in February, it was about a Week before the Plot, the laſt of his coming to Town.

Do you know the day of the Week?

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.

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.

What time did he come?

He was there upon Saturday in the Yard, but Sir William Parkins did not ſee him there.

You are askt when did Lewis come.

He was in our Yard the firſt time I ſaw him, asking for Sir William Parkins if he were there.

What time?

About Three in the Afternoon.

Did you not ſee him before?

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.

How were they accoutred, when they came to Town on Friday?

To the beſt of my knowledge, two or three had Holſters, and four or five Caſes of Piſtols.

Did you obſerve any other Furniture?

I ſaw a pair or two of Jack-boots, they rode in them, the Groom rode in them.

Did you ſee any more wrapt up?

No, I did not.

Do you know what time the Horſes were Saddled, that day, the Saturday that they went away?

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?

Yes, Sir: I know very well you did

And for thoſe Boots, were there any more than two pair?

I ſaw but two pair.

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.

I know you uſe to ride with three or four Caſes of Piſtols.

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.

Did you ever ſee Sir William come with ſo many before?

There uſed to be ſome at the Sword and Buckler.

How many there?

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.

How long ſince?

Seven or eight Years ago.

How long have you lived at the George Inn?

I have lived there about three Years.

Did you obſerve any other Horſes come in there?

There were two or three Horſes that were pretty ſizable.

Whoſe were they? Did any body own them?

Yes, there was a Man that ſeemed to own them, that paid for their Meat.

Did you know who that was?

Truly I did not know him, I never ſaw him in my life before.

Sir William, have you any Queſtions to ask him?

Sir William Parkins, the Attourney and King's Witneſſes have done, now is your time to make your Defence.

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.

Yes, yes; You agreed to that Reſolution in ſeveral Debates, that it was neceſſary to take off the King.

Well, well, that is true.

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.

Yes, yes, he ſaid you had a Commiſſion, and had bought 30 Saddles, and had a Troop.

Who ſaid that, my Lord?

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.

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—.

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.

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.

Let Mr. Sweet be called.

Mr. Sweet, What did Sir William Parkins tell you of Leiceſterſhire?

He ſaid he had been there, and met his Friends, and all was well.

Did he name King James?

No, not King James at that time.

What was the diſcourſe?

He named not King James, but only mentioned the King's intereſt.

What did you underſtand by that?

I underſtood him always King James. He ſaid the Weſt was as well inclined to the King's Intereſt as the North.

What did he tell you he was to go about?

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.

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?

No, Sir.

When Captain Scudmore was with him, had you diſcourſe with him before?

No, Sir; I never ſaw Captain Scudmore before in my life.

But when your firſt diſcourſe was with him about King James his Landing, what did he ſay?

Sir William Parkins told me now he did believe he would Land, for he had his own Word for it.

What did he ſay of any Preparation that he had made?

The Preparation was his own Troop.

Did he tell you he had a Troop, or that he was to have one?

I ſpeak his own Words; which were, My Troop conſiſts of all old Soldiers.

And what did he ſpeak of Voluntiers?

He ſaid he had ſome Gentlemen that would follow him as Voluntiers, and would go with him.

When you had diſcourſe of the preſent King, what Name did he give him?

He called him the Prince of Orange.

Conſider that, did you ever hear me call this King Prince of Orange ſince he was King?

I do not know, I am not poſitive in that.

How long have you been acquainted with Sir William Parkins?

Three years.

Have you ever heard him call this King Prince of Orange?

What did he uſe to call him? You had frequent diſcourſe with him about the preſent Government?

He would call him King William, and the little Gentleman.

What did he call him elſe?

King William, the little Gentleman, our Governour.

Recollect your ſelf, ſpeak the truth, and no more; did you ever hear him call him little Gentleman, or Prince of Orange?

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.

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?

No, My Lord, nor King James neither.

Why did you concern your ſelf with the King's Friends in the Weſt and in the North?

When was it that Sir William ſpoke to you of the King's Landing?

About Chriſtmas.

Did I tell you poſitively, that he was to land?

You ſaid, you had his word for it.

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.

He did not ſay from the King's own Mouth, but you had the King's word for it.

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?

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.

Have you any more to ſay?

I think, my Lord, there is but one poſitive Evidence as to any Overt-Act.

What do you think of the Deſign to bring in King James, to aſſiſt him with Horſes, and providing Horſes and Arms?

There is no poſitive proof of that of Arms.

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.

My Lord, it does not appear, that they were bought, nor for what intent they were bought.

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.

But is this an Overt-Act of Treaſon, to tell how People ſtand affected?

But your going with that Deſign.

He does not prove that Deſign, I went to ſee my Friends.

Mr. Sweet, did not he tell you he was to go into Leiceſterſhire?

Yes, to meet ſome of the King's Friends.

Did he tell you who?

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.

To what?

To the King's Intereſt.

Did he ſpeak of a Lord's Brother? what did he ſay of a Lord's Brother?

There were ſeveral Perſons concerned, and among them a Lord's Brother.

Did he ever mention King James? Did he name King James or King William?

He never uſed to ſay King James, but I took him to mean King James, he called him the King.

Who could land but King James?

About what time was that Diſcourſe?

About Chriſtmas.

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.

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.

I do not conceive there is, the reſt is but of words.

That you bought Arms.

But that does not appear, nor wherefore they were bought.

What occaſion had you for ſuch a quantity of Arms?

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.

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.

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.

But you had Horſes, and Holſters, and Furniture for Horſes.

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.

Have you any thing more to ſay, Sir William?

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.

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.

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.

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.

But this is not the ſame Species of Treaſon, Levying War is one thing, and Aſſaſſinating is another.

But your deſign originally was reſtoring King James, and depoſing King William.

That appears but by one Witneſs.

One way by Aſſaſſination, the other by Invaſion.

Still it is but one Witneſs, my Lord.

One Witneſs? it is two Witneſſes for the deſign of the Invaſion and reſtoring of King James.

You ſaid the King would come.

So my Opinion was.

No, not your Opinion, you ſaid you had his Word for it.

Was it poſſible for that to be true? Which way ſhould I have his Word, when I was not out of England?

But you had Horſes, and Arms, and a Troop, and you bought Saddles, you had Thirty Saddles in order to furniſh a Troop.

Does any Body ſwear it was in order to that?

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.

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.

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?

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.

I have told you my Opinion.

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.

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.

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?

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.

That of Landing was at Chriſtmas; the Journey was long after.

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.

He only tells you my Troop would be compoſed?

Does he not ſay you had a Troop, that conſiſted of Old Soldiers?

It is to be, not it was.

Did he ſay it did conſiſt, or would conſiſt?

He ſaid his Troop was compoſed of all Old Soldiers.

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?

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.

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.

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.

If you pleaſe to let me ſend for ſome Witneſſes, I will prove that were there Two years ago.

There was a deſign Two years ago, and a deſign to deſtroy the King.

I deſire the Statute of Treaſon, of 25 Edw. 3. may be Read, and the New one.

Let it be read. It was read accordingly.

There is another Statute, of 5 Edw. 6. more for your purpoſe.

My Lord, I expected to have found it in this?

Sir William, you have heard the Statute Read, do you infer any thing from it?

It requires Two Witneſſes, and there are not Two Witneſſes.

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.

That I agree to; but there muſt be two Witneſſes to it.

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.

There muſt be two Witneſſes to each Overt-act.

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.

But it muſt be one Species of Treaſon.

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.

But it muſt be manifeſted, it muſt not be by interpretation.

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.

But they are different things.

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.

If your Lordſhip pleaſe, let that be read.

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.

I deſire it may be read, and I am ſatisfyed.

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.

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.

It would have been the ſame thing as to an Overt Act, for this is only indicative of the ſame Law in ſeveral particulars.

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.

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.

If I had it from his own Mouth, not elſe.

It is not impoſſible but you might ſpeak with him.

No? It is impoſſible; for can I ſpeak from hence to France? Mr. Charnock went over, but I never went over.

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.

He might ſend you word ſo by a Meſſage.

He manifeſtly contradicts himſelf, backward and forward, in his Evidence. Captain Porter ſwears for to ſave his own Life, and the other contradicts himſelf.

Captain Porter's Teſtimony has been ſufficiently confirmed by the acknowledgment of dying Perſons.

Sir William, have you any more to ſay?

No, my Lord.

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.

I beg your pardon, he does not ſay ſuch a word. I beg, my Lord, the Witneſſes may be called.

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.

No, my Lord, he ſaid not ſo; but all I ſaid, was that Scudmore was to take one.

Pray Mr. Porter, give my Lord and the Jury an account what Sir Will. Parkyns told you.

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.

By whoſe Hand was it writ?

With the King's own Hand.

Did he give you any reaſon why it was written with his own Hand?

Becauſe he would not truſt his Miniſters.

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.

Pray Sir, obſerve what ſort of Horſes they were, what heighth.

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.

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.

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.

Gentlemen, Anſwer to your Names, William Northey.

Here, (and ſo of the reſt.)

Gentlemen, Are you agreed of your Verdict?

Yes.

Who ſhall ſay for you?

Our Foreman.

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?

Guilty, My Lord.

What Goods or Chattels, Lands or Tenements, had he at the time of the High-Treaſon committed, or at any time ſince?

None that we know of. Goaler, Look to him, he is found Guilty of High-Treaſon.

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.

Diſcharge the Jury.

Gentlemen, The Court diſcharges you, and thanks you for your Service.

Then we had beſt Adjourn the Court till five in the Evening.

Cryer, Make Proclamation.

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.

You ſhall have an Order of Court for the ſame.

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.

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?

I have nothing more to ſay.

All manner of Perſons are commanded to keep Silence while Judgment is giving, upon pain of Impriſonment.

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.