CRyer, make Proclamation.

Oyez, Oyez, Oyez, All manner of Perſons that have any thing more to do at this General Seſſions of the Peace, Seſſions of Oyer and Terminer, holden for the City of London, and Goal-delivery of Newgate, holden for the City of London, and County of Middleſex, and were Adjourned over to this day; Draw near, and give your attendance, for now they will proceed to the Pleas of the Crown for the ſame City, and County; and God ſave the King.

Middleſex. Cryer, Make proclamation.

Oyez. You good men of the County of Middleſex, ſummoned to appear here this day, to try between our Sovereign Lord the King, and the Priſoner that ſhall be at the Bar; anſwer to your names as you ſhall be called, every man at the firſt Call, upon pain and peril ſhall fall thereupon.

Then the Jury that were Returned in the Pannel were all called over, and the Appearances of thoſe who anſwered to the Call, were recorded.

About Ten of the Clock the Judges (to wit) the Lord Chief Juſtice Holt, the Lord Chief Juſtice Treby, and Mr. Juſtice Rokeby, came into the Court.

Set Sir William Parkyns to the Bar (which was done.)

Hold up thy Hand.

My Lord, if you pleaſe, I humbly beg the favour of one word before I am Arraigned. My Wife coming to ſee me in my Diſtreſs, ſent up a Trunk of Linnen for our uſe, and the Sheriffs of London have ſeized it, and do detain it. It has Linnen in it, and all her neceſſary things, and all things have been torn from me, ſince I was Apprehended, but what is there. I have nothing to ſubſiſt upon but what is there, for no Money can I get from any body, no body will pay us a farthing.

My Lord, We were ſent for to Mr. Secretary Trumball's Office, and when we came there, there was a Trunk that had been ſeized as belonging to Sir William Parkyns; and when we came thither it was opened, and there was in it ſome Houſhold Linnen, and ſome Plate; and Mr. Secretary Trumball was pleaſed after having ſearched the Trunk, to Seal it up, and Deliver it to my Brother and me, to be kept; and this is all we know of it.

Where was this Trunk Seized?

We found it in the Secretaries Office, and it was Delivered to us there, and we gave a Receipt for it to bring it down again when called for; we did not Seize it.

Look ye ſee Sir William Parkyns, your Trunk was Seized I ſuppoſe in order to ſearch for Papers.

Yes, I believe it was; but I hope it ſhall be Delivered back now, they have found nothing in it, and I have nothing elſe to ſubſiſt upon but what is there.

Is there any Plate there? What is there in the Trunk?

There is ſome Diaper and Damask Linnen, a Carpet, and ſome pieces of Plate, two or three hundred Ounces of Plate, for ought I know. We had it from the Secretaries Office; we did not ſeize it.

He ought to have his Plate to ſell, to ſupport him that he may have Bread.

Will Your Lordſhip pleaſe to direct the Sheriff to deliver it back.

Well, ſome care or other ſhall be taken in it.

My Lord, I have nothing to ſubſiſt upon, unleſs I can make ſomething of what is there; I have a Wife, and four Children, and nothing to ſubſiſt upon.

Let your Wife make application for it at the Secretary's, it cannot now be done here. Why did you not make complaint of it before? If you had, care had been taken in it.

Well, ſome order ſhall be taken about it.

My Lord, we have given a Receipt to the Secretary for it.

But he muſt have wherewithal to ſubſiſt and buy him Bread while he is in Priſon.

My Lord, I ſee Mr. Burleigh there, who was Sir John Friend's Sollicitor; I would humbly move your Lordſhip, that it may be enquired into how he came by the Pannel of the Jury Yeſterday; for it ſeems to reflect upon us, as if we had given the Priſoner a wrong Pannel.

No, I think there can be no Reflection upon you; but I think it would be very proper to have the matter examined.

Aye, let Burleigh come in; (Which he did.) Pray, how came you by that Pannel which you gave to Sir John Friend?

My Lord, I had Three ſeveral Copies ſent me by Sir John Freind's Friends, to the Horn Tavern about three or four a clock, and I delivered one of them to Sir John Freind; but he had one before I delivered mine.

Who ſent them to you, or brought them to you?

I had them brought to me by a Porter.

You know you might have had it from the proper Officer for asking.

I had them brought me from Sir John Friend's Friends.

Can you tell who had it from the Sheriff?

My Lord, I know not: I had Three Copies ſent me in a quarter of an hours time; whence they came, I know not; the Sheriff knows me, and every body elſe.

I do know you, and would have you be fair in your Practice.

The Enquiry is made, becauſe a falſe Copy is put upon him; you might have had a true Copy if you had applied your ſelf right.

I ſent to Mr. Farringdon for it.

The Sheriff delivered it the Secondary, who is the proper Officer.

Sir John Friend ſaid, he had it from him yeſterday.

But he had one before; how he came by it, I can't tell; nor whence thoſe came that were brought to me.

If you will not take care to go to the right place, it is no body's fault but your own, if you ſuffer by it.

I was with my Lady, and delivered a Petition for this Trunk.

But it ſeems it was under the Conuzance of the Secretary, and direction was given to go thither; ſome care or other muſt be taken in it, and ſhall; but go on now to Arraign the Priſoner.

Hold up thy hand, (which he did); Thou ſtandeſt Indicted in Middleſex, by the name of Sir William Parkyns, late of the Pariſh of St. Paul Covent Garden, in the County of Middleſex, Kt. for that, whereas an open, and notoriouſly publick, and moſt ſharp, and cruel War for a long time hath been, and yet is, by Sea, and by Land, had, carried on, and proſecuted by Lewis the French King, againſt the moſt Serene, moſt Illuſtrious, and moſt Excellent Prince, our Sovereign Lord William the Third, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. During all which time, the ſaid Lewis the French King, and his Subjects were, and yet are Enemies of our ſaid Lord the King that now is, and his Subjects, You the ſaid Sir William Parkyns, a Subject of our ſaid Sovereign Lord the King, that now is, of this Kingdom of England, well knowing the Premiſes, not having the fear of God in your Heart, nor weighing the Duty of your Allegiance, but being moved and ſeduced by the Inſtigation of the Devil, as a falſe Traytor againſt the ſaid moſt Serene, moſt Clement, and moſt Excellent Prince, our ſaid Sovereign Lord William the Third, now King of England, &c. your Supreme, True, Natural, Rightful, Lawful, and Undoubted Sovereign Lord; the cordial Love, and true and due Obedience, Fidelity and Allegiance, which every Subject of our ſaid Lord the King that now is, towards him our ſaid Lord the King, ſhould bear, and of right ought to bear, withdrawing, and utterly to extinguiſh intending; and contriving, and with all your ſtrength purpoſing, deſigning, and endeavouring the Government of this Kingdom of England, under him our ſaid Lord the King that now is, of Right, duly, happily, and very well Eſtabliſhed, altogether to Subvert, Change, and Alter; as alſo the ſame our Sovereign Lord the King to Death and final Deſtruction to put and bring; and his Faithful Subjects, and the Freemen of this Kingdom of England, into intolerable and moſt miſerable Slavery, to the aforeſaid French King, to Subdue, and bring; the firſt day of July, in the Seventh year of the Reign of our ſaid Sovereign Lord the King that now is, and divers other days and times, as well before as after, at the Pariſh of St. Paul Covent-Garden, aforeſaid, in the County aforeſaid, falſly, maliciouſly, deviliſhly, and traiterouſly, did compaſs, imagine, contrive, purpoſe, deſign, and intend, our ſaid Sovereign Lord the King that now is, then your Supreme, True, Natural, Rightful, and Lawful Sovereign Lord, of and from the Regal State, Title, Honour, Power, Crown, Command, and Government of this Kingdom of England, to Depoſe, caſt Down, and utterly to Deprive; and the ſame our Sovereign Lord the King to Kill, Slay, and Murther; and the aforeſaid Lewis the French King, by his Armies, Soldiers, Legions, and Subjects, this Kingdom of England to Invade, Fight with, Conquer, and Subdue, to move, ſtir up, procure, and aid; and a miſerable ſlaughter among the Faithful Subjects of our ſaid Lord the King throughout all this whole Kingdom of England, to make and cauſe; and that you the ſaid Sir William Parkyns, to the aforeſaid Enemies of our ſaid Lord the King that now is, then and there, during the War aforeſaid, Traiterouſly were adhering and aiding; and the ſame moſt abominable, wicked and deviliſh Treaſons, and traiterous compaſſings, contrivances, intentions, and purpoſes of yours aforeſaid, to fulfil, perfect, and bring to effect; and in proſecution, performance, and execution of the traiterous adheſion aforeſaid, you the ſaid Sir William Parkyns, as ſuch a falſe Traytor, during the War aforeſaid, to wit, the ſame firſt day of June, in the year aboveſaid, at the Pariſh aforeſaid, in the County aforeſaid, and divers other days and times, as well before as after, there and elſewhere in the ſame County, falſly, maliciouſly, adviſedly, ſecretly, and traiterouſly, and with Force and Arms, with one Robert Chernock (late of High-Treaſon, in contriving, and conſpiring the Death of our ſaid Sovereign Lord the King, that now is, duly convicted and attainted) and with divers other falſe Traytors, to the Jurors unknown, did meet, propoſe, treat, conſult, conſent, and agree, to procure from the aforeſaid Lewis the French King, of his Subjects, Forces, and Soldiers, then and yet Enemies of our ſaid Lord the King that now is, great numbers of Soldiers and Armed men, this Kingdom of England to Invade and Fight with, and to levy, procure, and prepare great numbers of Armed men, and Troops, and Legions againſt our ſaid Sovereign Lord the King that now is, to riſe up and be formed; and with thoſe Enemies at and upon ſuch their Invaſion and Entrance into this Kingdom of England, to join and unite; Rebellion and War againſt him our ſaid Sovereign Lord the King, within this Kingdom of England, to make, levy, and wage; and the ſame our Sovereign Lord the King ſo as aforeſaid to Depoſe, and him to Kill and Murder. And further, with the ſaid falſe Traytors, the ſame firſt day of July, in the year aboveſaid, at the Pariſh aforeſaid, in the County aforeſaid, Traiterouſly you did conſult, conſent, and agree to ſend the aforeſaid Robert Chernock as a Meſſenger from you the ſaid Sir William Parkyns, and the ſame other Traytors unknown, as far as, and into the Kingdom of France, in parts beyond the Seas, to James the Second, late King of England, to propoſe to him, and deſire of him to obtain of the aforeſaid French King, the Soldiers and Armed men aforeſaid, for the Invaſion aforeſaid to be made; and Intelligence and Notice of ſuch their Traiterous Intentions, and Adheſions, and all the Premiſes to the ſaid late King James, and the ſaid other Enemies and their Adherents, to give and exhibit; and them to inform of other things, particulars, and circumſtances thereunto relating; as alſo Intelligence from them of the ſaid intended Invaſion, and other things and circumſtances concerning the Premiſes, to receive, and them to you the ſaid Sir William Parkyns, and the ſaid other Traytors in this Kingdom of England, to ſignify, report, and declare, in Aſſiſtance, Animation, and Aid of the ſaid Enemies of our ſaid Sovereign Lord the King that now is, in the War aforeſaid, and to ſtir up and procure thoſe Enemies the more readily and boldly this Kingdom of England to Invade, the Treaſons and Traytorous Contrivances, Compaſſings, Imaginations, and Purpoſes of you the ſaid Sir William Parkyns aforeſaid, to perfect and fulfil, and all the Premiſes the ſooner to execute, manage and perform, and the Invaſion aforeſaid to render and make the more eaſy, you the ſaid Sir William Parkyns, afterwards, to wit, the 10th day of February in the year abovſaid, at the Pariſh aforeſaid, in the County aforeſaid, and divers other days and times, as well before as after, there and elſewhere in the ſame County, Falſly, Maliciouſly, Adviſedly, Secretly, Traiterouſly, and with Force and Arms, with the aforeſaid Robert Chernock, and very many other falſe Traytors, to the Jurors unknown, did Meet, Propoſe, Treat, Conſult, Conſent, and Agree, him our ſaid Sovereign Lord the King that now is, by lying in wait, and deceit, to Aſſaſſinate, Kiill and Murder; and that execrable, abominable, and deteſtable Aſſaſſination, and Killing the ſooner to execute, and perpetrate, afterwards, to wit, the ſame day and year, there Traiterouſly you did Treat, Propoſe, and Conſult with thoſe Traytors, of the Ways, Methods, and Means, and the Time and Place where, when, which way, and how our ſaid Sovereign Lord the King, ſo by lying in wait, the ſooner might be Killed, and Slain, and did Conſent, Agree, and Aſſent with the ſame Traytors, that Forty Horſemen, or thereabouts, of thoſe Traytors, and others by them, and you the ſaid Sir William Parkyns, to be Hired, Procured, and Paid, with Guns, Carbines, and Piſtols, with Gun-Powder and Leaden-Bullets Charged, and with Swords, Rapiers, and other Weapons Armed, ſhould lie in wait, and be in Ambuſh, our ſaid Lord the King in his Coach being, when he ſhould go abroad, to Attack, and that a certain, and competent number of thoſe Men ſo Armed, ſhould ſet upon the Guards of our ſaid Lord the King then, and there attending him, and being with him, and ſhould Over-power and Fight with them, whilſt others of the ſame Men ſo Armed, him our ſaid Lord the King ſhould Kill, Slay, and Murder; and that you the ſaid Sir William Parkyns, then and there, did take upon you to provide Five Horſes for thoſe Men which ſhould ſo kill and murder our ſaid Sovereign Lord the King; And alſo that you the ſaid Sir William Parkyns, your Treaſons, and all your Trayterous Intentions, Deſigns and Contrivances aforeſaid, to execute, perpetrate, fulfil, and bring to effect afterwards, to wit, the Day and Year laſt aboveſaid, at the Pariſh aforeſaid, in the County aforeſaid, Divers Horſes, and very many Arms, Guns, Carbines, Rapiers and Swords, and other Weapons, Ammunition, and Warlike Things, and Military Inſtruments falſly, maliciouſly, ſecretly, and Trayterouſly did obtain, buy, gather, and procure, and to be bought, obtained, gathered, and procured did cauſe, and in your Cuſtody had and detained, with that Intention them in, and about the deteſtable, abominable, and execrable Aſſaſſination, Kiliing, and Murder of our ſaid Lord the King, and the Invaſion aforeſaid, as aforeſaid, to uſe, employ, and beſtow; and alſo your Treaſons, and all your Traiterous Intentions, Purpoſes, and Contrivances aforeſaid, to execute, perpetrate, fulfil, and fully bring to effect; you the ſaid Sir William Parkyns afterwards, to wit, the day and year laſt aboveſaid, at the Pariſh aforeſaid, in the County aforeſaid, Falſly, Malitiouſly, Adviſedly, Secretly, and Traiterouſly, divers Soldiers, and Men Armed, and ready to be Armed, after the ſaid deteſtable, abominable, and execrable Aſſaſſination, Killing, and Murder of our ſaid Sovereign Lord the King, ſo as aforeſaid ſhould be done, perpetrated, and committed, to Riſe, and Muſter, and War and Rebellion within this Kingdom of England to make, and wage, and with the Enemies of our ſaid Lord the King, Foreigners and Strangers, Subjects and Soldiers of the ſaid Lewis the French King, being about to Invade this Kingdom of England, at and upon their Invaſion and Entrance into this ſame Kingdom then expected to be ſhortly made, themſelves, together with you the ſaid William Parkyns to Join and Unite, and into Troops and Legions to form, you did Levy, Liſt, and Retain, and did procure to be Levied, Liſted, and Retained, and thoſe Soldiers and Men for the Treaſons, Intentions, and Purpoſes aforeſaid, then, and there, and afterwards in Readineſs you had; Againſt the Duty of Your Allegiance, and againſt the Peace of our ſaid Sovereign Lord the King that now is, His Grown and Dignity; As alſo againſt the Form of the Statute in this Caſe made and provided.

How ſay'ſt thou, Sir William Parkyns, Art thou Guilty of this High-Treaſon whereof thou ſtandeſt Indicted, or Not Guilty?

Not Guilty.

How wilt thou be Tryed?

By God and my Country.

God ſend thee good Deliverance.

My Lord, If your Lordſhip pleaſes to favour me with a Word or two.

Aye, What ſay you Sir?

When had you firſt notice of your Tryal?

The firſt Notice of my Tryal was on Wedneſday laſt, in the Afternoon.

That is a ſufficient time of Notice, ſure you might have provided your Witneſſes, and prepar'd for it by this Time.

But, my Lord, being kept ſo cloſe Priſoner, I had no Opportunity for it; for it was not poſſible for me to get any Body to come to me, till Friday Noon, not ſo much as my Counſel, and then there was but Two Days, Saturday and Monday, (for Sunday is no Day for any Buſineſs) and it is impoſſible for me to be ready in the Manner that I ought to be. It is a perfect Diſtreſs, and Hardſhip upon me, to be put ſo ſoon upon my Tryal, without my Witneſſes, and what ſhould enable me to make my Defence; therefore I humbly intreat your Lordſhip to put it off till another Day.

What Witneſs do you want, Sir William?

I have divers Witneſſes, my Lord, that can give an Account where I was from Time to Time, but they are many of them out of Town, and I have ſent about every way, but cannot get them together in ſo ſhort a Time.

When had he Notice of his Tryal?

On Wedneſday I told him that he muſt expect to be try'd this Day, and withal, that if he would name me any Counſel, that he would have come to him, he ſhould have an Order next Morning for them.

You were told, it ſeems, on Wedneſday that you might have what Counſel you would.

And he had an Order upon Thurſday Morning for his Counſel.

I could not have it without Application to the Court at White Hall, and could have no body come to me till Thurſday, and it was Fryday before I could get my Counſel to me.

You might have ſent for your Witneſſes on Thurſday, and imploy'd ſome body about that Matter then.

The Solicitor that I employ'd was imployed otherways, and I could not employ any body elſe.

Yes, you might have employed any other about that Buſineſs.

I had no body to ſend, I was kept cloſe, and no body permitted to come to me.

Your Solicitor you deſir'd had Leave to come to you.

You know that thoſe you ſent for, you had an Order for.

I cou'd not get him till Thurſday to me, I had no Meſſengers to ſend till then.

I gave the Keeper Direction, to let him have Perſons come to him to ſend on any Errand.

The Keeper had Orders, it ſeems, to let any Meſſenger come to you, and he would have help'd you to ſome body to ſend of this Errand to be ſure.

I always did it, as ſoon as I know they have Notice of their Tryal.

But the Keeper is not always in the Way, and beſides, when I had Notice given me of my Tryal, it was Execution Day, and he was not at home that Day.

He names no Witneſſes, only he ſays he has divers Witneſſes, neither is there any Oath made of any Witneſſes: Pray how long is it ſince you were Committed?

I was Committed this Day Fortnight.

Your Commitment charg'd you with High Treaſon, and therefore you knew what you ſtood accus'd of, were you not committed for High Treaſon.

Yes my Lord, I believe I was.

My Lord, he had a very fair Time to prepare for his Defence, for he ſaw his Name in the Proclamation a good while before he was taken, and there it is declar'd, what he ſtands charg'd with.

You might have had a Copy of your Commitment, you had a Right to have it, and thereby you might have ſeen what you were accuſed of.

We never do deny it, if it be demanded.

No body was permitted to come to me.

You might have ask'd for a Copy, or any body elſe, for you had Notice of your Tryal ſo long ago as Wedneſday laſt.

I gave him Notice of his Tryal on Wedneſday, and then told him he muſt prepare for it againſt this Day; he ſaid he would endeavour to Petition for a longer Time, I told him it would be in Vain, for he muſt prepare for his Tryal to Day, and could have no longer Time.

Sir William, truly we do not ſee any Reaſon to put off the Tryal upon theſe Suggeſtions.

My Lord, it is very hard; then I humbly beg I may have the Favour, that I may have Counſel allow'd me, I have no skill in Indictments.

We cannont allow Counſel.

My Lord, if I have no Counſel, I do not underſtand theſe Matters, nor what Advantage may be Proper for me to take in theſe Caſes.

You are not ignorant, Sir William, that Counſel has been always refuſed when deſired in ſuch Caſes.

My Lord, there is a new Act of Parliament that is lately made, which allows Counſel.

But that does not commence yet, Sir William.

My Lord, it wants but one Day.

That is as much as if it were a much longer time: for we are to proceed according to what the Law is, and not what it will be.

But it is declarative of the Common Law, becauſe it ſays it was always juſt and reaſonable.

We cannot alter the Law till Law-makers do it.

Will your Lordſhip be pleaſed to let it be read?

Aye, if you have a Mind to it, it ſhall be read.

Yes, if your Lordſhip pleaſes.

Read it.

Reads. An Act for Regulating of Tryals in Caſes of Treaſon, and Miſpriſion of Treaſon. —

Look ye, Sir William Parkyns, this Law has not taken any Effect as yet; but the Law ſtands as it did before the making of this Act.

But, My Lord, the Law ſays it's juſt and reaſonable that it ſhould be ſo.

We go according to the Law as we find it is.

And, My Lord, what is juſt and reaſonable to Morrow, ſure is juſt and reaſonable to Day, and your Lordſhip may indulge me in this Caſe, eſpecially when you ſee how ſtreight Notice I have had, and what a little time has been allowed me, that I am not able to make my defence.

We cannot make a Law, we muſt go according to the Law, that muſt be our Rule and Direction.

Yes, my Lord, but what is juſt and reaſonable, ſure is Law: the Law is grounded upon Reaſon.

The Parliament has thought fit to make ſuch a Law, which is to commence from the 25th of this Month: It is not a Law till the time comes that the Parliament hath appointed for its being a Law.

But, my Lord, if my Notice had been a convenient Notice, I had been within the time limited by the Act of Parliament; and no one can want the Advantage of that Act from henceforward, nor ſuffer for ſuch want but my ſelf, which is a particular Hardſhip upon me.

We cannot alter the Law, we are bound by our Oaths to proceed according to the Law as it is at preſent.

Pray, my Lord, let the Tryal be put off till another Day then.

You ſhew no reaſon for it; you name no Witneſſes that you want, nor have we any Oath as we ought to have in ſuch a Caſe.

I will do both if your Lordſhip will oblige me to it.

There ought to be an Oath certainly, but we think you have had fair and convenient Notice: For you have had as much Notice as Sir John Friend had, who was tryed Yeſterday.

As I am informed he was charged with ſingle Facts about the Town, but I am charged with many particular Things more than he was.

The Act of Parliament ſays nothing of Notice of Tryal; that ſtill continues as it was before; and you have had very convenient Notice: Go on Mr. Hardeſty to ſwear the Jury.

I hope your Lordſhip will be of Counſel for me then.

So we will, we will do you all the Right we can. Look ye, you know you may challenge 35 without Cauſe, and as many as you will with Cauſe, but no more than 35 without Cauſe.

Sir Goddard Nelthrop.

I accept againſt him.

Leonard Hancock, Eſq;

I except againſt him, he is the King's Servant.

William Withers, Eſq;

I challenge him.

Samuel Powel, Eſq;

I challenge him.

William Northey, Eſq;

Well, I don't except againſt him.

Hold Mr. Northey a Book (which was done.) Look upon the Priſoner. You ſhall well and truly try, and true Deliverance make between our Sovereign Lord the King and the Priſoner at the Bar, whom you ſhall have in Charge according to your Evidence, ſo help you God.

Thomas Trench.

I challenge him.

John Wolfe.

I challenge him.

James Boddington.

I challenge him.

John Smith.

I challenge him.

Edward Gould.

I have no Exception againſt him. he was ſworn.

John Raymond.

I challenge him.

Daniel Thomas.

I have no Exception againſt him he was Sworn.

Iſaac H • neywood.

I challenge him.

William Underwood.

I challenge him.

Arthur Bayley.

I challenge him.

Nehemiah Erming.

I challenge him.

John Webber.

I challenge him.

John Cane.

I have no Exception to him.

We challenge him for the King.

Thomas Glover.

I challenge him.

Henry Witchcott.

I have no Objection againſt him he was Sworn.

Timothy Thornbury.

I challenge him.

Dormer Shepprad.

I challenge him.

John Temple.

I challenge him.

Nathaniel Gold.

I have no Exception againſt him.

My Lord, I am no Freeholder in this County.

Nor have you no Copyhold, Sir?

Yes Sir I have.

However let him be ſet by.

Robert Breedon.

I challenge him.

Thomas Taylor.

I challenge him, he is the King's Servant.

Joſeph Bliſſett.

I challenge him.

John Billier.

I challenge him.

Francis Chapman.

I challenge him.

John Cleeve.

I challenge him.

Robert Bamptom.

I have no exception to him. He was Sworn.

William Atlee.

I challenge him.

Thomas Sutton.

I have no Exception to him. (he was Sworn.)

Thomas Edlin.

I have no Exception againſt him. (he was Sworn.)

Robert Sanderſon.

I have no Exception againſt him. (he was Sworn.)

Ralph Marſh.

I have no Exception againſt him. (he was Sworn.)

Richard Bealing.

Pray Mr. Hardiſtey, how many have I Challeng'd?

I will tell you preſently, Sir.— You have Challeng'd 25.

But there are two that I gave reaſon for; Do you put them in among them? that is, Mr. Hancock and Mr. Taylor, as the King's Servants.

You may ſpeak to my Lord about it; but if that be allow'd, then there are but twenty three.

Well Sir, Go on then.

I challenge him.

William Partridge.

I challenge him.

Nicholas Roberts.

I challenge him.

Peter Lavigne.

I challenge him.

Joſeph Whiſton.

I have no Exception to him. (he was Sworn.)

Andrew Cook.

I challenge him.

Samuel Hooper.

I challenge him.

Thomas Heames.

I have no Exception to him. (he was Sworn.)

Sir William Parkyns, you have Challenged two, and have aſſign'd the Cauſe of your Challenge, that is, Hancock and another, and the reaſon of your Challenge is, becauſe they are the King's Servants. I am to acquaint you, that is no cauſe of Challenge; but however the King's Counſel do not intend to inſiſt upon it, if there are enough beſides. They are willing to go on with the Pannel; and I ſpeak this becauſe I would not have it go for a Preſident, nor have it underſtood that the Cauſe you aſſign is a good Cauſe: but however they will not ſtand with you, if there be enough to ſerve.

My Lord, I ſubmit to it; the Jury is full I think.

No, there are but Eleven ſworn yet.

But how far have I gone in my Challenges?

There are four which you may Challenge more.

There are two allow'd me, tho' it be not a Precedent: Are there four ſtill?

Yes, you may Challenge four more, and no more. Edward Townſend

I challenge him.

Nicholas Rufford.

I have no Exception againſt him. he was Sworn.

Cryes Countez. William Northey.

One, &c. (and ſo the reſt till the Twelfth.)

Nicholas Rufford.

Twelve good Men and true, ſtand together, and hear your Evidence.

Cryer, make Proclamation.

Oyez. If any one can inform my Lords the King's Juſtices, the King's Serjeant, the King's Attorney General, of this Inqueſt now to be taken, of the High-Treaſon whereof the Priſoner at the Bar ſtands indicted, let them come forth, and they ſhall be heard; for now the Priſoner ſtands at the Bar upon his Deliverance, and all others that are bound by Recognizance to give Evidence againſt the Priſoner at the Bar, let them come forth, and give their Evidence, or elſe they forfeit their Recognizance. And all Jurymen of Middleſex that have appeared, and are not Sworn, may depart the Court.

The Names of the Twelve Sworn were theſe, Jur. William Northey, Eſq; Edward Gold, Eſq; Daniel Thomas, Eſq; Henry Whitchot, Eſq; Robert Bampton, Gent. Thomas Sutton, Gent. Thomas Edling, Gent. Robert Sanderſon, Gent. Ralph Marſh, Gent. John Whiſton, Gent. Thomas Heams, Gent. and Nicholas Rufford, Gent.

Sir William Parkyns, hold up thy Hand (which he did.) You that are ſworn look upon the Priſoner, and hearken to his Cauſe: he ſtands Indicted by the Name of Sir William Parkyns, late of the Pariſh of St. Paul Covent-Garden, in the County of Middleſex, Knight, that whereas (prout in the Indictment, mutatis mutandis,) and againſt the Form of the Statute in this Caſe made and provided. Upon this Indictment he hath been Arraign'd, and thereunto hath Pleaded not Guilty, and for his Tryal hath put himſelf upon God and his Country, which Country you are; your Charge is to inquire, whether he be Guilty of the High-Treaſon whereof he ſtands Indicted, or not guilty; if you find that he is Guilty, you are to inquire what Goods, and Chattels, Lands, and Tenements, he had at the Time of the High-Treaſon committed, or at any time ſince: If you find him not Guilty, ye are to inquire whether he fled for it; if you find that he fled for it, you are to inquire of his Goods and Chattels, as if you had found him Guilty; if you find him not Guilty, nor that he did flye for it, you are to ſay ſo, and no more, and hear your Evidence.

May it pleaſe your Lordſhip, and you Gentlemen of the Jury.

My Lord, your Lordſhip was pleas'd to ſay you would be my Counſel. I am Ignorant in Matters of Indictments, I beg if there be any Fault in it, you will let me know it.

Truly I have obſerv'd no Fault in it; I do not know of any.

Gentlemen, this Indictment does contain as heavy an Accuſation, as can be laid upon any Man, for it not only charges the Priſoner with a Traiterous deſign of ſubverting the Government, and raiſing War and Rebellion within the Kingdom; which was to be done by adhering to the King's Enemies, and promoting a Forreign Invaſion, but likewiſe with a Conſpiracy againſt the Life of the King, which was to have been taken away by a bloody Aſſaſſination.

Gentlemen, the Indictment ſets forth, That Sir Will. Parkyns, the Priſoner at the Bar, did meet ſeveral times with Chernock and other falſe Traytors; and there it was conſulted, and agreed how they ſhould procure French Forces to Land within this Kingdom, and then they were to raiſe Rebellion among his Majeſty's Subjects, to joyn with the Invadors. Mr. Chernock was ſent from the Priſoner at the Bar, and the reſt, as a Meſſenger into France, unto the late King James to acquaint him with this Bloody Deſign; and to deſire him to borrow of the French King as many Troops as he could ſpare to make a Deſcent upon this Kingdom, and they at the ſame time were to facilitate the Deſcent, by getting as many Men as they could to make the Aſſaſſination; and the number of Forty was pitched upon, who were to be provided for that purpoſe, of which the Priſoner at the Bar was to find Five, who were to lye in wait with the reſt, and ſet upon the King as he came along in his Coach upon his Return from Hunting. Some were to aſſault and attack the Guards, while others were barbarouſly to Aſſaſſinate and Murder the King in his Coach: and particularly it Charges the Priſoner with undertaking to procure and provide Five Horſes and Arms that were to be Imployed in this Bloody Aſſaſſination, and alſo with gathering together great Quantities of Arms and Ammunition that were to be uſed in the Inſurrection. To this Indictment the Priſoner has pleaded Not Guilty; if he be not Guilty, God forbid he ſhould be Convicted; but if he be Guilty, and we prove the Fact, the Nation expects that you will do Juſtice to the King and Kingdom, and find him ſo.

May it pleaſe your Lordſhip, and you Gentlemen of the Jury, the Priſoner at the Bar, Sir William Parkyns, ſtands Indicted of High Treaſon, for Compaſſing the Death of his Majeſty, and adhering to his Majeſty's Enemies; and the Overt Acts laid in the Indictment to prove this Treaſon are, That he with others had ſeveral Meetings and Conſultations about this Deſign, and ſent a Meſſenger over to France to the late King James, to procure French Forces to Invade the Kingdom, to Depoſe the King, and ſubject the Kingdom to a French Power: And likewiſe that he did enter into a Conſpiracy with ſeveral Perſons for the Aſſaſſination of his Majeſty's Royal Perſon. Theſe are the Overt Acts mentioned in the Indictment, to prove this Charge of Treaſon againſt the Priſoner.

Gentlemen, the Evidence to prove theſe Overt Acts, and which we ſhall produce, will be in this manner. It will appear that the Priſoner at the Bar, Sir William Parkyns, has formerly had a Commiſſion from King James to raiſe a Regiment of Horſe, and about May laſt, he with ſeveral others had a Meeting at the Old King's-head in Leadenhall-ſtreet, where were preſent my Lord of Aylesbury, my Lord Montgomery, Sir William Parkyns, Sir John Freind, Sir John Fenwick; Mr. Chernock, Mr. Porter, and one Mr. Cook; and Goodman came in to them after Dinner. And at that Meeting it was Conſulted and Conſerted among them, how they ſhould bring back the late King James, and Depoſe his preſent Majeſty; and in order to that they did Reſolve to ſend Mr. Chernock as a Meſſenger to the late King James, to deſire him to obtain from the French King 10000 Men to Invade this Kingdom; 8000 Foot, 1000 Horſe, and 1000 Dragoons; and to Incourage the late King to this, they did aſſure him by the ſame Meſſenger, that they would meet him with 2000 Horſe upon his Landing; and they did all undertake and agree that they would do it: and Mr. Chernock undertook to go of this Meſſage.

Gentlemen, about a Week after this Meeting, Mr. Chernock not being willing to go upon this Errand without a good Aſſurance that they intended to perform what they had Reſolved upon, they therefore had another Meeting of moſt of the ſame Perſons that were at the former, and particularly the Priſoner at the Bar was one; and that was at Mrs. Mountjoyes a Tavern in St. James's-ſtreet. And at that Meeting they did all agree, as formerly, and continued in their former Reſolution, to ſend Mr. Chernock to aſſure the late King, that they would meet him, according as they had promiſed, if he would give them notice where he was to Land, and he ſhould not fail of their Aſſiſtance. And at theſe Meetings they did take notice, that then was the moſt proper time for ſuch an Invaſion; for the King was gone to Flanders, moſt of the Forces were drawn thither, and the People were diſſatisfied, and ſo it would be the fitteſt opportunity to accompliſh their Deſign; and they deſired Mr. Chernock to make haſte to carry this Meſſage, and to Intreat King James that he would be ſpeedy and expeditious in his coming, that they might not looſe this ſeaſon.

Gentlemen, after theſe Meetings, Mr. Chernock did within a few days go over into France, and did deliver his Meſſage to the late King James, who took it very kindly, but ſaid that the French King could not ſpare ſo many Forces that year, having other work to Imploy them about: upon which, within a Months time, or leſs, he came back again, and brought an account of his Meſſage to thoſe Gentlemen that ſent him. This was in May or June laſt, and ſo the further proſecution of the Deſign ceaſt at that time.

But Gentlemen, the laſt Winter it was revived again, and attempted, and carried on very near to the obtaining a fatal Succeſs. And you will hear that the Priſoner at the Bar, Sir William Parkyns, has had too great a hand, and been a very great Inſtrument in both the Parts of this wicked Conſpiracy and Treaſon; not only in the Invaſion, which he with others ſent the Meſſenger over to pocure, but alſo in the other part, the blackeſt part, even the Aſſaſſination of the King's Perſon.

About January laſt Sir George Barclay, a Lieutenant of the Guards to King James in France, was ſent over into England to ingage Perſons to joyn in the Conſpiracy and Aſſaſſination; and for his Aſſiſtance there were ſent over with him, and before and after him, ſome 20 Troopers of the late Kings, that were his Guards in France. And Sir George Barclay to incourage the Perſons that were to joyn, and whom he had brought over with him, pretended an Authority to juſtifie it, that is, a Commiſſion from the late King James, and he Communicates this Deſign to Mr. Chernock, Mr. Porter, and ſeveral others, and amongſt the reſt to the Priſoner at the Bar, Sir William Parkyns, having a great Confidence in him, and did acquaint him he had ſuch a Commiſſion, and he ſhewed it him, and that Commiſſion was to levy War againſt the King's Perſon; which they took to be a ſufficient Authority for them to Aſſaſſinate the King's Perſon.

Gentlemen, in order to the accompliſhing this horrid Conſpiracy, there were ſeveral Meetings, and Conſultations had, at which the Priſoner at the Bar was preſent, and very active. Sometimes they met at Capt. Porter's Lodgings, at another time at the Naggs-head in Covent-Garden, at another time at the Sun in the Strand, and another time at the Globe in Hatton-Garden, in order to accompliſh this Deſign: And at theſe Meetings, you will hear, they did propoſe ſeveral ways and methods for the execution of it; and ſeveral Perſons, particularly one of them that have ſuffered the Puniſhment of the Law for this, were appointed to go and view the Ground where the King's Perſon might moſt conveniently be aſſaulted. Mr. King, that was Executed for it, was one, Capt. Porter was another, and one Knightly was the third; and theſe did go to ſee the Ground. And the day before they went there was a Meeting, at which was preſent the Priſoner at the Bar, and others, wherein 'twas concluded upon that they ſhould go; and they went accordingly to ſee the moſt convenient place for it. They went to Brentford, and afterwards to the other ſide of the Water to Richmond, and ſurvey'd all the Ground, and the Place they pitch'd upon as the moſt proper for their purpoſe, was when his Majeſty ſhould Return from Hunting, to do it in the Lane betwixt Brentford and Turnham-Green. And accordingly, when they return'd in the Evening, they came by appointment to the place where the reſt of the Accomplices were to meet, at the Nagg's-head Tavern in St. James's, and gave an account of ther Proceedings, and at that Meeting likewiſe was Sir William Parkyns the Priſoner at the Bar, Mr. Chernock, and ſeveral others, and upon the Report of Capt. Porter, and Mr. King's Expedition, they did Reſolve the thing ſhould be done in that place, and that it ſhould be done in this manner.

Sir George Barclay with about 8 or 10 in his Party, who were to be choſen out of all the other Parties, were to aſſault the King's Coach, and endeavour to kill the King, and all the reſt that were in the Coach with him, whilſt the others, in two Parties, were to attack the Guards; the number in all was to be about 40. This was fully agreed upon.

And, Gentlemen, the firſt time that they Reſolved to put this Traiterous Deſign in Execution, was the Fifteenth of February, which was a Saturday: the uſual day that the King was wont to go a Hunting in; but it hapned by great Providence that the King did not go abroad that day.

Call Mr. Porter (who was Sworn) Mr. Porter, pray will you give the Court and the Jury an Account of the meeting at the Kings Head in Leaden hall ſtreet, and who was there, and what Reſolutions, and Agrements they came to.

About the latter end of May laſt, or the begining of June, there were two meetings had, the one was at the Kings Head in Leaden hall ſtreet, the other was at Mr. Mountjoyes near Sir John Fenwicks. At the Firſt meeting there was my Lord of Aylesbury, my Lord Montgomery, Sir J. Friend, Sir W. Parkins the priſoner at the Barr, Sir J. Fenwick, Capt. Chernock, Mr. Cook, and my ſelf. Mr. Goodman came in after Dinner, and there we Conſulted which was the beſt way for King James's coming in, and we all Reſolv'd to ſend a Meſſenger to him to to Invite him over, and to deſire him to Interpoſe with the French King for the Getting 10000 men, to come over with him, 8000 Foot, 1000 Horſe, and 1000 Dragoons. It was then Conſider'd who ſhou'd be ſent, and all the Company agreed Mr. Chernock was the propereſt perſon. Says Mr. Chernock, if you ſend me, pray tell me what Errant I ſhall go upon: We did likewiſe then agree, that he ſhould aſſure the King, if He would come over, at ſuch a time, we would meet Him with a body of 2000 Horſe.

Did Chernock undertake to go upon that Meſſage?

Yes, he Did, and to propoſe this matter to Him, that He might propoſe it to the French King for the getting of the men.

Before you go away, I Deſire to ask of you one thing, Did Sir Wil. Parkins the Priſoner at the Bar agree to the Meſſage.

Yes, he Did.

Had you any other meeting about this buſineſs, and when was it, and who was there?

My Lord, Capt. Chernock ſaid at firſt he would not go of a fooliſh Meſſage, and thereupon we all agreed to be at the head of 2000 men to meet King James at His Landing, and every one ſhould bring his Quota.

When was the Second meeting, and where was it; and who were there, and what was agreed upon?

The ſecond meeting was at Mrs. Mountjoys, where Capt. Chernock deſir'd us once more to meet, before he went away, to know whether we kept to our Firſt Reſolution, and we did agree to what was Reſolv'd upon at Firſt, and he ſaid he would go in two or three Days time.

Did the Company agree to it then?

Yes, they Did Sir, all that meet at that time.

Pray name them over again, who they were.

Sir Wil. Parkins was actually there, and my Lord of Aylesbury, and Sir J. Friend, and Capt. Chernock, Mr. Cook, and my ſelf, I cannot tell whether my Lord Montgomery was there, or Mr. Goodman.

Pray when did you ſee Capt. Chernock, or ſpeak with him after that?

It was when I was in Priſon about the Riot, and he told me he had been there; but there would be nothing done in that matter at Preſent, for King James ſaid, the French King could not then ſpare ſo many men, tho he thankt us for Our Kind offer: And he ſaid he had been with my Lord of Aylesbury, Sir W. Parkins, and the ſeveral other people of Quality, which he did not name, and had carryed them the particular Meſſages that he had in Command from the King to carry to them.

Now, pray, tell us what you Know about the Deſign of Aſſaſſinating the King, and what hand the Priſoner at the Bar was to have in it?

About ſome weeks before I heard of the Aſſaſſination; I came to Lodg in the houſe in Norfolk ſtreet, where Capt. Chernock Lodg'd, and where Sir W. Parkins Lodg'd when he came to Town. Moſt commonly we us'd to go in the Evening to the Tavern, or Drink a Bottle of Wine at our own Lodgings; and one Morning I ask'd Mr. Chernock, if I ſhould ſee him at Night, he ſaid he was Ingag'd in private Company for that Night, and he could not go with me to the Tavern. For ſays he there are ſome Gentlemen that are lately come from France, and there is ſomething to be done for the Kings ſervice. If there be ſo, ſays I, pray let me be concern'd? ſays he, they are but newly come, and they will ſee no body elſe but me at preſent. A little after I fell ſick of a fit of the Gout, and Mr. Chernock came to Viſit me, and we fell into Diſcourſe, and I ask'd him about thoſe Gentlemen that were come from France, what they came about; he told me it was Sir G. Barclay that came from France, and ſeveral other Officers with him, and that he had a Commiſſion from the late King James to Levy War againſt the Perſon of King William, or the Prince of Orange, as I think it was named in the Commiſſion.

Who told you this?

It was Capt. Chernock: He deſir'd to Know how many men I could bring. I deſir'd a little time to Conſider, but I ſaid there would be a great many that would Joyn if the King landed (whom I did not think fit to Truſt with a thing of this nature before hand.) Some few Days after, Capt. Chernock came into my Chamber, and brought Sir G. Barclay and Major Holmes that ſaid he was come from France; and there we had little more but a General diſcourſe: But a Little after that I got well of the Gout, and we had ſeveral meetings at ſeveral Places; at the Globe Tavern in Hatton-Garden, at the Naggs head in Covent Garden, and at the Sun in the Strand, where Sir Wil. Parkins was always preſent. And there we Did conſult of the beſt ways to Aſſaſſinat the King, as he came from Richmond after Hunting. Sir G. Barclay ſaid, he had receiv'd 800 l. from King James's Secretary towards the buying of Horſes, and furniſhing both Horſes and Men for the Expedition; and it was Conſider'd of how many men it would be neceſſary to bring. The number agreed upon was about 40, of which Sir G. Barclay was to provide 20, I promiſed to bring 7 or 8, Sir Wil. Parkins Ingaged to bring 5, wherof 3 ſhould be mounted with his own Men, and the other 2 my Men were to mount upon.

Do you know the names of thoſe People that he was to mount.

I never had the names my ſelf.

Well, what was Done after theſe Conſultations?

I ask Capt. Chernock one time, if I might not ſee the Commiſſion, that King James had given; he ſaid he had never ſeen it himſelf, but Sir W. Parkyns had. I askt Sir W. Parkyns one Evening, as we were ſmoaking a Pipe by the Fire ſide, whether he had ſeen the Commiſſion; he ſaid he had, and that becauſe King James would not truſt any of his Miniſters; it was written and Sign'd with the Kings own Hand.

Pray did he tell you what it was for?

He ſaid it was for Raiſing, and Levying War upon the Perſon of the King, but I do not know whether he call'd him King William, or the Prince of Orange; but I ſuppoſe it was the Prince of Orange.

Pray then give us an Account of your going to view the Ground, where it was moſt Convenient to do the buſineſs.

There were ſeveral propoſitions about the Place where it was to be done, one was to be on the other ſide of the Water by Ambuſcade in Richmond Park, the other was to be on this ſide of the Water after the King was Landed. Sir G. Barclay was for that that was upon the other ſide of the Water; I thought that would take up too much time to go over thither, that it was better to be done on this ſide; but becauſe there was Difference of Opinions, It was Reſolved upon that ſome body ſhould be appointed to view the Ground; and I was appointed for one, Mr. Knightly for another, and Mr. King would needs go with us for a Third, and we three did go. We lay all Night at Knights bridge, and the next Day went and view'd the Grounds on both ſides the River; and came back that Evening to the Naggs head according to appointment, where was Sir W. Parkyns the Priſoner, and Sir G. Barclay, and Mr. Chernock, and we gave an account that we had view'd both the Places: And upon our Report it was Reſolv'd, that it ſhould be done on this ſide the Water, In the Lane between Brentford and Turnham Green.

Are you ſure Sir W. Parkyns the Priſoner at the Bar was there, at that meeting at the Naggs head?

Yes he was.

Did he agree to that Reſolution?

It was in General agreed by all that was there.

Pray Capt. Porter then give us an Account of the Days that were fixt for the Execution of this Deſign.

There was Saturday the 15th. and Saturday the 22d. becauſe Saturday was the Day the King us'd to go a Hunting, and Shooting.

Were there any men at Kenſington to give you notice when the King went abroad.

There were two men that had a Lodging at Kenſington, the one was one Chambers who belong'd to Capt. Chernock, and the other was a Fleming, one Durance, who came over with Sir George Barclay, and he went every Day and thruſt himſelf among the Guards to bring Intelligence.

What was the reaſon the Deſign was not executed.

The firſt Day Durance brought notice in the Morning, that the Guards were gone abroad; and afterwards there came notice, that the King would not go abroad that Day, for which reaſon we Adjourn'd it to the next Saturday.

What was the Method you was to take in the Execution?

The method agreed upon was this; there was one Rookwood that came from France upon this Expedition, he was to Command one party, and Capt. Chernock and my ſelf, were to Command another Party to attack the Guards, and Sir George Barclay was to have 4 men out of each party to attack the Coack, while we Attack'd the Guards.

Well, you ſay the Firſt Day you was Diſappointed by the Kings not going, when was the next meeting.

The next meeting was upon Fryday the day before the 22d. I was ſick all the Week, and I do not know whether I lay a Bed all the Week, or no, but upon Fryday they met, and it was at the Sun Tavern in the Strand: There was none but Sir G. Barclay, Capt. Chernock, Sir W. Parkyns and my ſelf.

What Diſcourſe was there then?

Sir G. Barclay came in, and ſaid he was afraid the thing was Diſcover'd; I told him I fancyed not, for if it had we ſhould not have been in that houſe at that time. Then ſays he, let us go on and try another day. Sir W. Parkyns was ask'd if his Horſes were come to Town? he ſaid they were come to Town that Night. Said I, I have had a misfortune with my Horſes, two of them are fallen Lame, and and won't be fit for ſervice. Says he, if I had known that, I could have brought more Horſes out of the Country: But ſays he, I will ſend to Mr. Lewis, who was Gentleman of the Horſe to my Lord Feverſham, and I believe he can help us to more Horſes; he will be with me to Morrow morning, and Ile get a Note from him for two more. In the Morning I ſent to him, and he ſent me a Note for two Horſes to mount my men, and he ſent me word Mr, Lewis could help me to 2 or 3 others, that they were all 3 Sadled, and one was Accoutred with Holſters and Piſtolls, but the other 2 had only Sadles. I did not ſee Sir W. Parkyns, on Saturday the 22d. but I met ſome of my friends, who were to go along with me upon this Enterpriſe, and we had firſt notice that the Guards were gone abroad, and that the King would go, at which all were very glad: But when we had notice that the King did not go, we were afraid the thing was Diſcover'd, and I went out of Town, and I did not ſee any of them afterwards till they were taken.

Pray, Capt. Porter, have you ever heard any thing from Sir W. Parkyns of his having a Commiſſion from King James?

I had heard Capt. Chernock ask Sir W. Parkyns why he did not go along with us in this Expedition, he ſaid he did not go, becauſe he could not go.

Was he not to be one of the Number that was to Act in the Aſſaſſination?

No, he ſaid he had other Buſineſs to do, he had a Regiment to look after.

How many Horſes had you from Lewis.

I had never a one, only Sir W. Parkyns ſent me word, if I wanted I might have 3 for I had told him I would not ſend for them, till I heard whither the King went abroad, and then I had notice that the King did not go.

Had you a Note for them.

Not for thoſe 3 Horſes, but Cranburn ſaid he had a Note for 2 Horſes.

Did he ſay he had a Note from me.

No, I don't ſay ſo Sir W. Cranburn told me he had a Note whither to go for them.

Will you ask him any Queſtions, Sir William?

No, my Lord.

My Lord, I deſire he may be ask't, whither at any of thoſe meetings there was any Diſcourſe of the Aſſaſſination before Sir W. Parkyns?

What ſay you to that Capt. Porter?

Yes, he was at all the meetings and Conſultations.

Pray my Lord, I deſire to know whither Sir W. Parkyns Diſcourſed of it himſelf, and what he did ſay about it.

I cannot ſay exactly what he did ſay in particular, only he agreed to it, and was to furniſh 5 Horſes for it, and ſaid it was neceſſary to be done, for it wou'd bring the King in more eaſily. Tho he could not Perſonally ingage in it himſelf, becauſe he had other buſineſs, he was to look after his Regiment.

If Sir W. Parkyns will ask Capt. Porter no Queſtions, we will go on to our next Witneſs, which is one Abraham Sweet whom Mr. Attorney mentioned.

Mr. Sweet, Will you give the Court, and Jury an Account what Sir Wil. Parkyns ſaid to you about King James's Landing?

Pray will you give an Account what Diſcourſe you had with Sir W. Parkyns the Priſoner at the Bar, about King James's Returning, and Landing with French Forces.

Sir W. Parkyns did tell me, that he did expect King James's Landing, and he ſaid his own Troop was Compoſed of Old Soldiers.

How long have you known Sir W. Parkyns?

This 3 Years.

Pray tell the time when this Diſcourſe was, about what time was it?

This was ſince Chriſtmas, about Chriſtmas laſt.

Where was it that you had this Diſcourſe?

It was about his own Houſe.

We were talking about King Jame's coming.

Who told you that King James was coming?

Sir William Parkyns.

What did he ſay?

He ſaid he had bought a great many Saddles, Thirty Saddles; and that his own Troop was compoſed of all old Soldiers.

Did he tell you of any aſſurance that he had of King James's landing?

Yes, he ſaid he had the Kings Word for it.

Was there any diſcourſe between you about any Journey that Sir William was to take?

Yes he did tell me, he was to go into Leiceſterſhire, and was to meet ſeveral Gentlemen in Leiceſterſhire, and he did go, and after he came back again, he ſaid he had met his Friends, and all was well, and that the Weſt was as much inclin'd to King James's Intereſt as the North, and that a Lords Brother was concern'd.

What other diſcourſe had you about this matter?

Nothing elſe, as to particulars, that I can remember.

What Orders had you to come up to Town in February, and when, and from whom?

Sir Will. Parkyns ſent for me, and he ſent me a Letter about the 11th. of February, that I ſhould come to him the next day, and I did come the next day.

Whether did you come? Where did you find him?

At his Lodgings in Norfolk-ſtreet, at the Houſe where Mr. Charnock lodg'd; and after I had ſpoken with Sir William Parkyns about the Letter which he had ſent me to come up, he told me that the Buſineſs that he had deſign'd for me, he did not think fit I ſhould do, becauſe of my Family.

Pray, what directions had you from him, what you were to do when you came into the Countrey?

When I went into the Country, he order'd me to go to his Houſe, and ſend up three of the ſtrongeſt Horſes.

When was this, do you ſay?

It was in February.

What time in February?

The Eleventh or Twelfth, which was Wedneſday; and at my going away, he told me, if I had not a Letter from him the Friday following, I ſhould come to Town again. I did come to Town again, and then he ask'd me if I had made Proviſion for my Family, I told him, no; then he ask'd me why I came up to Town, he told me I might go into the Country again on the morrow morning.

What did he tell you?

He ſaid I might go back again into the Country. I came upon the Saturday morning to him.

Pray, what day was that Saturday?

I believe it was the 13th. or 14th. of February.

You ſay Wedneſday was the 12th.

Yes, I believe Wedneſday was the 12th. and I came to Town the Friday after that 12th. that was the 14th. and on the Saturday I went home again.

You ſay you came to him on the Saturday morning, what paſs'd betwen you then?

I went the next morning to Sir Will. Parkyns's Lodgings, but he was gone out, and had left word that I muſt come again about Eleven of the Clock; I did go about that time, and he was not come in; and there I met one Mr. Chambers and one Mr. Lee, whom I had ſeen there the Night before.

And what Diſcourſe had you then with them?

We had little Diſcourſe, for I had only ſeen them the Night before; but I think Chambers told me he had been at Kenſington; and I deſired to know what News there; and he told me William kept as cloſe as a Fox; and he ſhew'd me his Wounds, and he ſaid thoſe Wounds wanted Revenge.

Where did he ſay he receiv'd thoſe Wounds?

At the Boyne.

Pray, Mr. Sweet, did he tell you for what uſe his Troop was?

He did not tell me poſitively; but I underſtood it to be to joyn King James when he landed.

Pray, Sir, where did you dine that Saturday?

With Sir Will. Parkyns, and Mr. Charnock, and Chambers, and one or two more that I did not know.

Will you ask him any Queſtions, Sir William?

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

I will tell you your own words, and no other: you ſaid, Your own Troop was compos'd of old Soldiers.

Pray, let me ask you one Queſtion: How many Horſes were you to bid the Man to bring up to Town?

Three, My Lord.

And were they not his ſtrongeſt Horſes?

Yes, My Lord, they were.

Yes, he ſaid there were ſome Gentlemen that were Captains and old Officers, that would be Voluntiers under him.

Pray, Sir, where were theſe words ſpoken?

Either in your own Houſe or in the Garden, I can't tell directly which, but ſome where about your Houſe it was.

Where is that Houſe?

In Hertfordſhire.

Then I am in your Lordſhips Judgment; whether words ſpoken in Hertfordſhire can be an Evidence of a Treaſon acted here in Middleſex?

Sir Will. Parkyns, if there be a Deſign to kill the King, and there are ſeveral Overt-Acts to prove that Deſign, and one is in one County, and another is in another County, the Party may be indicted in either of the Counties, and Evidence may be given of both thoſe Overt-Acts, tho in ſeveral Counties. It is true, you being indicted in Middleſex, makes it neceſſary that ſome Evidence ſhould be given of ſome things done in Middleſex, as there is; as your meeting at Mr. Mountjoyes, and at the Nags Head in Covent-Garden, and the Sun in the Strand, where were ſeveral Conſults, which are Overt-Acts of the ſame Treaſon; and if Treaſon be •• mmitted in ſeveral Counties, the Party may be indicted in any one, and the Evidence may be giv •• • f Facts done in all.

Then, Mr. Sweet, you do not ſay that I had raiſed a Troop, o • 〈◊〉 raiſe a Troop?

I told you your own words; that your Troop was made u • 〈◊〉 Soldiers.

But yet I muſt tell you further, Sir Will. Parkyns, if I remember right, there is Evidence given of a Diſcourſe you had in Norfolk-ſtreet, where you lodg'd, and that is in Middleſex.

My Lord, I did not obſerve that he ſaid any thing of me about Norfolk-ſtreet.

Yes, this is what he ſays. You told him you had thought of a Buſineſs for him, but you would not engage him in it, becauſe of his Family.

Pray, Mr. Sweet, Did I tell you any thing what you were to do?

No, Sir, you did not.

I hope the Jury will take notice of that: I did not tell him any thing that he was to do.

Well, that was no great matter. VVill you ask him any more Queſtions, Sir?

No, My Lord.

Then our next VVitneſs is James Eubank. (Who was Sworn.)

Do you know Sir Will. Parkyns?

Yes, he is my Maſter.

VVhat Servant were you to him?

I was Groom to him.

How long have you been his Groom?

Not a Twelve-month yet.

Pray, firſt give an account what Journey you took with him.

I went into Leiceſterſhire with him.

Pray, tell us what you know of that matter.

Yes, my Lord. VVe went from our own Houſe to Stony-Stratford, and there we lay all night.

VVhat time was this?

I cannot tell the day of the Month, it was in January.

VVhat day of the VVeek was it?

It was on a Thurſday.

And where did you go from Stony-Stratford?

VVe came the next day to Leiceſter.

VVho went with him?

One Capt. Scudamore.

How long did you tarry at Leiceſter?

VVhen we came the next day to Leiceſter, we ſtaid there till Sunday morning.

VVhat Company came to your Maſter when he was at Leiceſter?

Sir, I am Stranger, I know none of them, I was never there before.

Can you remember whether there was one Yarborough there?

There was one that ſaid his Name was Yarborough.

VVhence did he come?

He ſaid he came out of Yorkshire.

VVho came with him?

There was a Gentleman in black Cloaths, that ſaid he was a Miniſter.

Did you obſerve any others that came thither to your Maſter?

It was Market-day, and I had my Horſes to look after; there were a great many People went up and down Stairs, but whether they went to him, or no, I can't tell.

VVhen did you come back again?

VVe ſtaid there till Sunday morning, and then we came away.

To what place did you go that night?

To a Town call'd Brickhill, and the night following we came home.

VVho came back with him?

None but Capt. Scudamore, who went with him.

VVhether did you go the next day?

Well, after this, did you bring up any Horſes to the George-Inn to your Maſter, and when?

Yes, three Horſes.

Ay, when?

I cannot tell the day.

What day of the Week was it?

Upon a Friday.

What Month was it in?

Indeed I can't ſay that.

Do you remember Valentine's day?

Yes, it was upon that day.

That is the 14th. of February, a remarkable day, and was then of a Friday, the day before the Aſſaſſination was to have been executed. Whither did you bring them?

To the George-Inn.

How were they furniſh'd? were there Piſtols upon them?

No: the Piſtols were in Town, and the Horſes were ſent after my Maſter.

Where were the Piſtols left?

Indeed, I dont know.

Pray, when you came to Town, did you go to your Maſter, and acquaint him with it.

Yes, Sir, I did.

Pray, what did he then ſay to you?

He ſaid he thought he ſhould go home that Night.

Did he change his mind?

Yes, for he did not go till Monday.

Did he tell you he ſhould go a Saturday?

Yes, he ſaid he thought he ſhould.

Did you come to him to know his mind, and what did he ſay?

He ſaid in the morning he would go in the afternoon, but he did not.

Afterwards, when did he go?

Upon Monday.

Who went with him that Monday?

One Holmes, a fat thick man.

Well, pray when did you come to Town again?

Upon the Friday following.

How many Horſes did you bring up then?

On the Friday following we brought up four; my Maſter himſelf came up with them.

Who came with him?

Mr. Holmes, and I, and another Srvant.

How were the Horſes furniſhed?

Every Horſe had Piſtols.

What did you bring beſides? were there any Boots?

None but what we rid in.

Where did you leave thoſe Horſes?

At the George-Inn in Holborn.

What directions did your Maſter give you that night for going the next morning upon an Errand, and whither?

I had no meſſage from him, but there was a Note that I was to carry to Kenſington to one Browne, and I was ordered to go to the Gentleman that lives within a door or two next the going into the King's Gate, I forget his name, but this man where Brown lodged belonged to the Court, ſome Officer in the Kitchin to the King; either a Confectioner, or Cook, or ſome thing, and this man lay there.

What was your meſſage to him?

I was to tell him that I came to ſpeak with one Brown, and that I came from a Gentleman that lay at the Confectioner's in Holborn over againſt Grays-Inn. I know the Gentleman by Face again if I ſee him.

Well, what did he ſay to you?

He bid me ſet up my Horſe at the Red-Lion, and he would come to me preſently; and ſo he did. Says he, I have no buſineſs that I need to ſend; but I'll write in your Almanack, and you may carry it back and ſhew it him, that I will come to Town betwixt nine and ten a clock. I did go back and tell that Gentleman at the Confectioner's.

What kind of Gentleman was it?

A Luſty man, with a great Noſe and a black VVigg, he ſpeaks broad Scotch, and he was a ſwarthy coloured man, and he had a wide Mouth.

VVhat age was he of?

A middle aged man.

Pray, what did he ſay to you?

He ask'd me if I had ſeen the Gentleman. I told him yes. He ask'd me what the Gentleman returned for anſwer. I told him he had writ in my Almanack, which I had ſhewn him, that he would be in Town between nine and ten a clock. He as'd me then where I was going. I ſaid to my Maſter. Says he, tell your Maſter that I will be in my Chamber ready for him.

Did you go to your Maſter, and tell him ſo?

Yes, I did.

And what did he ſay to you?

He ſaid, he deſigned to go home in the Afternoon, and therefore bid me go to the Inn, and make ready the Horſes, and know what was to pay for them, and he would come by and by thither.

Did he afterwards come to the Inn?

Yes, Sir, about three or four a clock in the Afternoon

Pray, who came with Sir William Parkyns?

One Lewis.

Do you know him?

I have ſeen him before with my Maſter.

VVhat is he?

They ſay he is my Lord Feverſham's Gentleman.

VVhat did he ſay to you about any Saddles?

They ask'd me what Saddles and how many had been ſent there; and I ſaid but two.

VVhat ſaid Mr. Lewis?

Mr. Lewis ſaid there muſt be a miſtake, becauſe my Maſter ſaid he had but 22, for he reckon'd he had more, there ſhould be 24 in all.

Did he ſay ſo, or Sir William Perkins?

It was Mr. Lewis that ſaid there were 24, to the beſt of my remembrance.

VVhere were they ſent?

Indeed I know not, I never ſaw any of them but thoſe two.

VVho delivered thoſe two to you?

My Maſter Sir William Parkyns.

VVho were thoſe Saddles for?

They were for two Gentlemens Horſes that were there.

VVhoſe Horſes were they?

They were not my Maſter's, but they ſtood at that place.

Did your Maſter ever ſpeak to you about them to look after them.

He ſaid, if at any time I was there, I ſhould ſee that the Oſtler gave them their Corn.

VVere they your Maſter's Horſes or not?

Not that I know of.

VVhat time did you go out of Town?

I went out of Town with them about four a clock in the Afternoon.

VVhen did you hear from your Maſter after that?

Upon Monday I had a Letter from him.

VVhat was that Letter for?

It was to go to my Maſter's Houſe in Warwickſhire, to one Richard Evans that was his ſervant, to whom he ſent a Letter.

VVhat were the Contents of that Letter?

I did not ſee what they were, it was ſealed.

Did you carry that Letter to Evans?

Yes, I did.

VVhat time did you come thither?

I came there a Tueſday at 4 a clock.

VVhat did Evans and you do after you had read the Letter?

VVe went to fetch ſome Boxes that my Maſter had ordered Evans to fetch home. It was about two Miles or more from home, at a Tradeſmans.

VVhat was his Name, was it Haywood?

Yes, I think it was ſomething like that Name.

Did you go with Evans to fetch the Boxes from thence?

They had a man that drove the Team to fetch them.

VVere they carried in a Team then?

Yes, they were.

VVere you there when the Goods were brought back?

Yes, I was at my Maſter's houſe.

VVhat did they do with them?

They buried them in the Garden, Sir.

VVhat in the Boxes?

Yes Sir.

How many Boxes was there?

Five or ſix I think. I know not what was in them.

You help'd to bury them, did you not?

No; but I was there, I ſaw them buried.

Did Evans tell you what they were?

Evans told me they were choice Goods.

Evans told you ſo, did he?

Yes.

VVhat time of the day or night were they fetch'd home?

They went away about 4 a clock in the Afternoon.

How far is it from Sir William Parkyns's houſe to Haywoods.

I think about 3 or 4 miles, I cant tell how far exactly.

VVhat time did they return?

About 10 or 11 a clock at night.

My Lord, I underſtand he ſays they buried them immediately, was he there, and did he help to bury them.

No, I did not help to bury them; but I ſaw Earth put upon them.

Pray, Eubank, let me ask you one Queſtion: the Perſon that lay at the Confectioner's, did you obſerve whether he had a lame Arm or no?

Will Sir William Parkyns ask him any Queſtions?

What ſay you Sir William; Will you ask him any Queſtions?

You ſay one Holmes went out of Town with me, pray give an account what Holmes that is.

It is Fat Mr. Holmes, if it pleaſe your Honour, he lives at the Golden Key in Holbourn.

My Lord, I obſerve this to diſtinguiſh it that it was not, as Mr. Attorney open'd it, Major Holmes that is in the Proclamation; it was one that us'd to be at my Houſe frequently; he was at my Houſe all the Summer.

Well, you did well to ask him that Queſtion to explain it.

Will you ask him any more Queſtions?

No, my Lord.

Then our next Witneſs is one Thomas Hipwell. (Who was ſworn)

Where do you live?

At _____ in Warwickſhire.

With whom do you live?

I live of my ſelf, Sir.

Do you know of any Goods that were carry'd from Mr. Heywood's Houſe to Sir William Parkyns's Houſe?

I came from Litchfield Fair upon Aſh-Wedneſday, where I had been to carry Goods for my Maſter.

Did not you ſay you lived of your ſelf? I ask'd you before who you lived with: Who is your Maſter?

Mr. Heywood.

You ſaid before you had no Maſter.

That is, when he pleaſes to imploy me, I work for him.

Pray tell what you carry'd from Haywood's Houſe, and who came for them.

There were, to the beſt of my remembrance, either ſeven or eight Boxes.

Who came for them?

There was one of Sir William Parkyns men, one Richard Evans that was his Servant, and one Wetſtone that was Tenant to Sir William.

Well, how did they come, and what did they do?

They brought a Waggon and two Mares.

About what time was it?

It was about Nine or Ten a Clock at Night when they went away.

What Orders had you from your Maſter?

It was near upon ſeven a Clock when the Waggon came, and my Maſter wiſh'd me to go to borrow a Mare of _____ at _____ I did ſo, and I brought the Mare I had borrowed with me home.

What was that Mare borrowed for?

I know not.

What uſe was ſhe put to afterwards? What did you ſee more?

Why, before the Team came (about a quarter of an hour before) to fetch theſe Goods, my Maſter told me, that Sir William Parkyns's men were to come to fetch ſome Bedding and other Goods, what they were he knew not, and he order'd me when they knock'd at the Gate, to let them in; and I did ſo.

Well Friend, did they carry away any Goods, and what were they?

They were in Boxes, at firſt in three Boxes; and then Sir William Parkyns's Servant did knock off the outſide Lining, which was a Deal Board, and he drew the Nails and took out of two Boxes three Boxes apiece, and two out of another, to the beſt of my remembrance I think there were eight, but I am not ſure whether there were ſeven or eight.

Did they carry them away that Night?

Yes, Sir William Parkyns's Man Richard and the Tenant carried them to the Waggon, and I lighted them down with a Lanthorn, according to my Maſters Order.

When, what Day was this?

It was Aſh Wedneſday at Night.

Then ſet up Mr. Haywood. (Who was ſworn before.) Pray give my Lord an account when Sir William Parkyns's Goods were brought to your Houſe? who brought them, and what Directions were given about the careful keeping of them?

My Lord, about Michaelmas laſt, Sir William Parkyns's Man came to me with a Letter from one Mr. Charnock, and the effect of the Letter was to deſire the favour of me to lodge ſome Goods of Sir William Parkyns at my Houſe; for he was taking his Servants from his Houſe, and he was loath to leave his Goods in an empty Houſe; and he deſired me to let them lye at my Houſe, which I did.

How were they put up?

I think in three Cheſts, pretty big Cheſts, nail'd up and rack'd; and there was a Bed, and Bedding, and a piece of Tapeſtry or two.

Yes Evans Sir VVilliam Parkyns Man brought it me.

Pray Sir, how are you related to that Mr. Charnock; what a Kin is he to you?

I married his Siſter.

You took the Goods into your Cuſtody upon that Letter from Charnock?

Yes, my Lord, I did.

Pray will you give an account whether you were in Town before this Diſcovery, and had any Diſcourſe with Mr. Charnock or Sir William Parkyns about theſe Goods? When did you ſee Mr. Charnock afterwards?

I came up to London the 16th day, and I was in London the 17th 18th and 19th. I think thoſe three days; and I went to ſee Mr. Charnock at his Lodgings, but I was hardly with him a quarter of an hour: I told him Sir William Parkyns had ſent ſome Goods to my Houſe, and I deſired to know when he would fetch them away. Says he, I can't ſay when I ſhall ſee him again. Said I, I ſhall have ſome buſineſs at the Temple, and I will meet you at the Temple Coffee Houſe. Says he, I will meet, and bring Sir William Parkyns with you if you can, ſaid I: he came about 8 or 9 a Clock on Tueſday morning; ſays he, Sir William Parkyns is at my Lodgings, juſt a going out of Town, and would deſire to ſee you. So I went up, and Sir William Parkyns was ready to go out of Town: I told him I had ſome Goods of his at my Houſe, and I deſired to know how he would diſpoſe of them; what he would do with them: He would take them away, he ſaid, the firſt opportunity, or that effect.

When was this, what month?

It was in February laſt.

What Day?

I think it might be about the 18th day.

It was you that deſired to have them taken away, it ſeems, was it not?

I ask'd him when he would take them away, or what he would do with them.

And what Anſwer did he make?

He ſaid he would take them away the firſt opportunity, as ſoon as he could diſpoſe of them, or that effect.

Now when you came home, tell us who came for thoſe Goods, and when.

I think it was upon a Shrove-Tueſday that I came home, and my Wife ſaid Sir William Parkyns had ſent for his Goods, and deſired to have them away, but that ſhe had made anſwer, I was not at home, but ſhould be at home ſoon, and then he might have them away. The next day I came home from Litchfield Fair about 5 or 6 a Clock at Night; it was Aſh-Wedneſday at Night when I came home, and the man came to me between 6 and 7, and told me his Maſter deſired to have the Goods away. I told him he might have them when he would; he ſaid he would have them away that Night. I told him it was an unſeaſonable time: But, ſays he, the Waggon is a coming, and I deſire you would give me leave to take them away, which I did: Then he ſaid he had but two Horſes, and he deſired me to lend him a Horſe, which I did, and he took the Goods and went away with them, but for what he did afterwards with it, I know nothing at all of it.

Then ſwear Mr. Wheſtone. (which was done.)

Pray Sir, do you give an account when you went with Evans to Haywood's Houſe, and what happened.

His Man came to me.

Whoſe Man?

Sir William Parkyns his Man to deſire me to go Mr. Haywood's to fetch ſome Goods of Sir William Parkyns, ſome Bedding, and ſome odd things, which I did, and ſaid he, I will go the next way to the Houſe, and I will meet you before you can get thither; and he did meet me half a mile off the Houſe, and told me I muſt ſtay and not come to the Houſe till it was night, till it was later.

Who told you ſo?

Sir VVilliam Parkyns's Man told me ſo; ſo he went forwards to the Gate, and then came back, and called me to come in; then we went to the Houſe, and loaded the Waggon with Boxes and Bedding that was there,

How many Boxes were there?

I cannot tell whether there were ſeven or eight.

Whither did you carry them?

We carried them to Sir William Parkyns's Houſe.

What was done with them?

There they were put into the Ground by the Wall ſide, where they were found.

Why, was you preſent when they were found?

Yes, I ſaw them dugg up.

Then you can give us an account of them, what were they?

They were Arms.

Truly I cannot tell.

Where is the Conſtable Thomas Watts?

Here am I. (he was ſworn)

Are you the Conſtable?

Yes Sir I am the Conſtable, and ſearcht Sir W. Parkyns houſe, and upon ſearching in the Garden I found ſome Arms there.

Pray what Quantity of Arms did you find there?

4 dozen of Swords, 32 Carbines, 25 brace of Piſtols.

What kind of Swords were they?

They were broad ſwords, two-edged ſwords.

Were there any Hilts to the ſwords?

No, but there was a box of Hilts that I ſuppoſe was prepared for them.

Where did you find them.

In a border under the wall by the wall-ſide.

Did you ſee the Boxes broke open Sir?

Yes Sir I took them and broke them open my own ſelf.

Was Whetſtone by pray Sir when they were broke open?

He was not there by at the firſt, when we dug them up; but I brought them to my own houſe, and there I broke them open and there he ſaw them.

Will you ask him any Queſtions Sir William?

No Sir.

Then call Turton, Freeman, Fielding. (who were all ſworn)

Pray ſet up Mr. Freeman. (which was done)

Where do yo live?

At the George-Inn in Holborn.

What are you?

I am Hoſtler there.

Pray do you give an account what Horſes were kept there of Sir W. Parkyns, and how many?

He was a Gueſt to the houſe all this laſt Summer, ſometimes more ſometimes, leſs.

How was it laſt Winter about February laſt, how many Horſes had he then?

He had ſometimes 3 came in ſometimes 4, the moſt that ever he had was five.

What time was that that he had five pray?

To my beſt memory it was juſt the Week before the Diſturbance, before the Plot broke out.

Before the Proclamation you mean?

Yes before the Proclamation.

When was it, what day of the week was it?

They came in on Friday night.

What did five come in then?

Yes I think ſo.

Who was with him?

I only ſaw his Groom and another ſervant.

How were they accoutred?

Four with Holſters and ſmall Piſtols: one was a Led Mare with a Portmanteau; and in a Horſecloath wrapt up there was one or two pair of Jack Boots, and I think a Coller in one, I cannot tell whether there was one Bridle or two.

When did they go away?

On Saturday in the Afternoon.

Did you obſerve any Perſons to come there on Saturday morning?

There were two men that were there that rid out between two and three hours: they rid out between Nine and Ten, and they came in again between Twelve and One; where they had been I cannot tell, but they had rid pretty hard for the time they were out, for the Horſes came in in a ſweat.

Before this time that you now ſpeak of, what Horſes came up can you remember, how many Horſes came up the week before?

The week before there were ſome, but how many I cannot remember; they very rarely ſtaid above a Night.

What do you know of any other Horſes that were left there?

There were three Horſes that were at our houſe a week, that were very good Horſes, but I do not know whoſe Horſes they were, nor the names of the Gentlemen that owned them. The Gentlemen that brought them in paid for the Horſes, only the Groom told me his Maſter Sir W. Parkyns had ordered him to ſee the Horſes fed. I never received a farthing of Sir W. Parkyns but always of the Groom.

Pray did you obſerve any particular Horſe that was brought in there, a Roan Horſe?

Yes there was one Horſe brought in.

From whence did that Horſe come.

I believe you miſtake the Place, recollect your ſelf a little.

Somerſet houſe I mean, a Porter brought it.

Are you ſure it was Somerſet houſe?

Yes it was.

Do you know one Lewis?

I do not know him, perhaps the Tapſter does.

How many Horſes came from Somerſet houſe?

Only the Roan Gelding, and a very fat Man mounted him and rid out with Sir W. Parkyns.

Pray Sir what ſort of Horſe was that Bay Gelding that you ſay the fat man rid upon?

I ſay he rid upon a little Roan Gelding about 14 hands high.

But the Bay Gelding how high was that?

About 14 hands high.

There's your mighty Horſe for Service.

They were no great ſized Horſes none of them.

And have not you known theſe Horſes to have been mine a great while?

Yes I have known them to be yours a good while.

What was the Roan Gelding Sir W. Parkyns?

No not the Roan but the others: they were no ſtrange Horſes, they were frequently there all laſt Summer: there was no new ſtrange Horſe but the Roan.

Will you ask him any more Queſtions?

No my Lord.

Then ſet up Mr. Turton. (which was done)

Pray will you give an Account what you know of Horſes that were ſtanding at the George-Inn in Holbourn.

I have known Sir W. Parkyns to have uſed the Inn this 4 or 5 Years, ever ſince the Inn was Built; and in laſt February he came to Town with three horſes the firſt time.

What Day of the month was that?

I cannot ſay what Day of the month, but it was about the VVeek before his laſt coming there, which was juſt before the diſcovery of the Plot.

Do you know what day of the VVeek it was?

No truly I do not, for I keep no account of Horſes going in or out. The laſt time of his coming was with about 4 or 5 Horſes to the beſt of my knowledge, and that was upon the Friday before the Plot broke out; and then upon that Friday, Sir W. Parkyns gave order to his Groom to get the Horſes ready againſt Saturday morning.

Did he go out with his Horſes on Saturday morning?

He did not go out with all the Horſes according as he had given order; but two Gentlemen rid out with two of the Horſes, and ſtaid out about two or three hours and came in again, as if they had rid pretty hard, the Horſes being in a ſweat; and in the Afternoon they all went fairly out of Town, and gave out that they expected to be in Town on Sunday or Monday following, but they did not return; but then came down one Mr. Lewis, I know not that that is his Name, only when I formerly belonged to my Lord of Oxford, I knew him to be Gentleman of the Horſe to my Lord Feverſham, But I did not know his Name.

Had you not ſeen him there before, what time did he come?

I do not know that I ever ſaw him there before; he was on Saturday in our Yard.

You are asked when Lewis came?

The firſt time I ſee him was on Saturday, in the Yard asking for Sir W. Parkyns.

VVhat time on Saturday was that?

It might be three of the Clock in the Afternoon, about an hour or thereabouts before Sir William Parkyns Horſes went away; and asking for Sir W. Parkyns, and he not being there, he returned back again; and after they were gone he came again, and I told him they were gone, but the Groom had acquainted me, and given me an account, that he would be there again on Sunday or Monday. On Sunday in the Afternoon about five or ſix, Mr. Lewis came to enquire if Sir W. Parkyns Horſes were come to Town; I told him no: and ſo he came again upon Monday morning betwixt eight and nine of the Clock, and asked me if I heard nothing of his coming to Town; I told him no I did not hear of his coming again.

The Horſes that came up on Friday night, how were they accoutred?

Two or three of them had Holſters; I cannot ſay but for Piſtols they had four or five Caſe.

No, but only Horſe-Piſtols.

Did you not obſerve any other Arms, or other Furniture?

I did ſee a pair or two of Jack-Boots that they Rid in, but I did not ſee any more.

Were there any that were wrapt up in a Horſe-Cloth?

No, I did not ſee any, they were not brought into the Houſe.

Do you know what time the Horſes were Sadled that Day?

No, I did not.

You obſerv'd, and ſaid there were two or three Caſes of Piſtols, did not I always Ride with Piſtols.

Yes, you ſeldom came without two or three pair when you came with Servants.

And as to the Jack-Boots you ſaid we Rid in them?

I ſuppoſe ſo.

We alighted at Mr. John's Houſe, and ſo our Boots were ſent thither: and theſe were ſmall Horſes all of them, pray will you tell the Court what ſiz'd Horſes they were, was there ever a great Horſe among them?

Never a one, I believe that exceeded above Fourteen Hands and a half, ſome under Fourteen.

Did you ſee the Roan Gelding, what ſize was that?

A ſmall Padd that might be about Thirteen and a half.

Did you ever ſee him come with ſo many Horſes before?

I have ſeen more at the Sword and Buckler, when I lived there; and he uſed to Inn there.

How many have you ſeen at the Sword and Buckler?

I have ſeen four or five at a time, but this is many years ago, Seven or Eight years ago; when he uſed to keep his Coach and Four Horſes, and come up with ſeveral Saddle Horſes with him.

How long have you lived at the Georgs Inn?

About Two years.

Did you obſerve any other Horſes that ſtood there?

There were two that were pretty ſizeable Horſes, larger than any of Sir William's own.

Whoſe were they?

I cannot tell.

Did any Body own them?

I don't know who owned them, there was one that paid for their Meat, and took them away.

Who is that?

Truly, Sir, I cannot tell, I do not know who he was; I never ſaw him in my Life.

Has Sir William Parkyns, any more Queſtions to ask him?

No, Sir.

Then, my Lord, we ſhall call no more Witneſſes, unleſs he gives further occaſion, we leave it here till we hear what he ſays to it.

Sir William Parkyns, Mr. Attorney General, and the King's Counſel have done; now, is your time to make your Defence.

My Lord, I relie upon your Lordſhip for my Defence? For I am ignorant of theſe proceedings; I relie wholly upon your Lordſhip, to give a true account of them to the Jury: I hope your Lordſhip is ſo Juſt, that you will Repeat the Evidence to the Jury as it is, and no otherwiſe. But I do not obſerve, that as to the Aſſaſſination there is more than one Witneſs, and that is Captain Porter: there is not a tittle more! and as to that, I ſuppoſe your Lordſhip will declare to the Jury, that I was not concerned in it; and Captain Porter declares, I was to have no hand in it, onely I was to furniſh Five Horſes, and accidentally I was at ſome Meetings, but he does not declare that I was to do any thing in particular.

Yes, yes, you agreed upon the Debates to the ſeveral Reſolutions, of Aſſaſſinating the King, and ſaid, that it was neceſſary and fit to take him off.

Still, that is but one Witneſs, I deny it utterly, and the Law ſays poſitively there ſhall be two Witneſſes.

Not to every Overt-Act, there is no Law ſays ſo.

As to the Aſſaſſination there is but one, no other but he; and ſo as to the Regiment he did not ſay that I was to raiſe a Regiment; but that he was told by a Gentleman that I had been deſired to be in the matter, but I would not, becauſe I had engaged in another buſineſs, about a Regiment, but this was all but hear ſay.

Yes, he ſaid you own'd you had a Regiment. Beſides it is ſaid, you own'd you had your Saddles, and your Troop conſiſted of Old Soldiers.

No, Captain Porter never ſaid ſo.

That was Sweet.

You told Porter, you had a Regiment to look after.

Captain Porter is here, I deſire he wou'd explain himſelf.

Yes, and you told Sweet, that your Troop conſiſted of Old Soldiers, and that you had bought Thirty Saddles.

My Troop, aye! but ſtill there was nothing of a Regiment; nor did they ſay I had raiſed a Regiment, or a Troop, or was to raiſe a Regiment.

You told me your Troop conſiſted of Old Soldiers. I did not ſay that you ſaid, you had raiſed or wou'd raiſe, but it did conſiſt of Old Soldiers.

He ſays, that which makes it plain, that you were to have a Troop, or had a Troop, conſiſting of Old Soldiers, beſides Voluntiers that had been Officers: and that you had bought a great many Saddles, Thirty Saddles; and you were to go into Leiceſter-Shire, and accordingly you did go, and upon your return, you did give an account that all was well, and the Weſt was as well inclined to King James's Intereſt as the North.

That I went into Leicester-Shire, and met ſeveral Gentlemen, and that they were all well inclined; I hope that is no Evidence of Treaſon againſt me: Every body ought to be well inclined.

Aye! But they were all well diſpoſed, or inclined to King James's Intereſt.

He did not ſay ſo, if your Lordſhip pleaſes to call him again.

Call him again.

What did Sir William Parkyns tell you of his Journey into Leicester-Shire?

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

What did he ſay? Did he Name King James?

He did not Name King James to me at that time.

What was the Diſcourſe about, that they were all well inclined to?

He always named it the King's Intereſt, and did not name King James, but I underſtood it, and always took it to be King James he meant.

What did he ſay of the North and West.

He ſaid that the Weſt was as well inclined to the King's Intereſt as the North.

What did he ſay before he went?

He told me he was to go into Leicester-Shire, to meet ſome of the King's Friends.

Pray, Recollect your ſelf, and conſider what you ſay.

He ſaid ſome Gentlemen Rid as far to meet him, as he did to meet them.

Was that the time he talk'd about the Troop?

No, that was before this time. I cannot remember the particular time; it was at his own Houſe, and Captain Sindamore was with him.

When was the Diſcourſe about King James's Landing?

He told me that he believed now that King James wou'd Land, he ſaid he had his own Word for it, it was about Chriſtmas.

What did he ſay about preparation for it?

He ſaid his own Troop was to conſiſt of Old Soldiers.

Did he tell you he had a Troop?

I ſpeak his own Words, he ſaid, my Troop conſiſts of all Old Soldiers.

Was it conſiſts, or will conſiſt, though I think there may be no great matter of difference in this caſe?

Yes, my Lord, but there is a great deal ſure, for will conſiſts ſhews nothing yet done, and all is but Words.

Sweet, Anſwer to Sir William Parkyns's Queſtion.

I tell your Lordſhip, I repeat his own Words, my Troop conſiſts or is compoſed of all Old Soldiers.

What did he ſay of Voluntiers?

He ſaid, there were ſome Gentlemen that would go along with him as Voluntiers, that had been Old Officers.

He called him by the Name of the Prince of Orange.

Pray recollect your ſelf, Mr. Sweet, and think of what you ſay, ſince he was declared King, did I ever call him Prince of Orange? I am upon my Life, and pray ſpeak nothing but the truth.

Conſider, and anſwer the queſtion, what did he uſe to call him?

Truly, my Lord, I am not poſitive as to that, I underſtood it ſo. I never knew that he allowed him to be King of England.

Did you ever hear me call him Prince of Orange ſince he was King?

Look ye, Sir, how long have you been acquainted with him?

About Three years, my Lord.

Well, that is long ſince his Majeſty was declared King, have you ever heard Sir William Parkyns call this King Prince of Orange:

I am not poſitive in that, but I underſtood he did not allow him to be King.

You frequently diſcourſed with him about the Government it ſeems; pray what did he uſe to call him.

I have heard him call him King William, and the little Gentleman.

When ever did you hear me call him the little Gentleman? Mr. Sweet, pray, when you are upon your Oath conſider well, and recollect your Self, and don't anſwer raſhly and ſuddenly, but think of what you ſay. I always expreſs'd my ſelf, when I had occaſion to ſpeak of him, and called him King William, as other people uſe to do, I never uſed the words, little Gentleman, nor Prince of Orange neither.

Did you ever hear him call him otherwiſe than King William.

Pray ſpeak the truth, and no more.

I have heard him call him Prince of Orange.

But you have heard him call him King William too?

Yes,

But pray when he ſpoke of the King, what King did you underſtand by it?

I uſed to underſtand King James.

What is that to me what he underſtood?

But I would obſerve to you one thing, when you came from Leicester-ſhire, you talk'd how well diſpoſed they were to the King's Intereſt; he ſays, he underſtood that King to be King James, and you ſaid the Weſt was as well diſpoſed as the North; pray now, were you imployed by King William to ſee how the Gentlemen ſtood affected to him?

No, nor by King James neither.

Why then ſhould you concern your ſelf for the King's Friends, in the Weſt and the North?

I never was in the Weſt in my Life, and therefore I can't tell why I ſhould tell him any thing about the Weſt.

Pray, Sir, when was it that Sir William Parkyns ſpoke about the King's Landing?

It was about Chriſtmas, he ſaid he believed he would Land.

Did I tell you poſitively it would be ſo then.

He tells you he ſaid you did believe it, for you had it from his own Mouth.

That ſhews it is not probable I ſhould tell him ſo, that I ſhould have it from his own Mouth, carries ſuch an improbability with it, that the Evidence is Felo de. ſe, it deſtroys it ſelf.

He does not ſay you had it from his own Mouth, but that you had his word for it, and this being about Chriſtmas, long after our King was return'd, it could mean no other King but King James.

Look you, Sir William Parkyns, there is another thing I would obſerve, why did you ſend your Man to Kenſington to one Brown? who is that Brown, and what was the Man that lodged at the Confectioners in Holbourn.

I cannot tell who it was, I know neither Brown nor the other Man, but I ſent my Man at the requeſt of Mr. Charnock, who lodged in the ſame Houſe with me; he deſired he might go upon an Errand for him to Kenſington, and I directed him to go upon ſuch an Errand, for he was formerly Mr. Charnock's Servant, and I deſired him to go of the Errand if he requeſted it. Who theſe Men were I know not, neither of them, nor any of their Buſineſs.

But he was bid by the Man that lodged at the Confectioners to tell his Maſter that he would ſtay within for him.

That might be Mr. Charnock, for he was his Servant once.

But he ſays he carry'd the Meſſage to you, and you receiv'd it. Well have you any more to ſay?

My Lord, I think there is but one poſitive Evidence of any one Overt-Act.

Yes, what do you think of the deſign of bringing in King James, and conſulting about it, and aſſiſting in the Invaſion, and preparing a Troop, and providing Arms and Horſes, are not theſe Overt-Acts. Do you think your having a Troop of old Soldiers is no Overt-Act?

There is no poſitive proof of any Troop, or any Arms.

It is proved there were Arms ſent by you at Michaelmas laſt to Mr. Haywoods, Chernock's Brother-in-Law, and theſe lay there till Aſhwedneſday laſt, after your Name was in the Proclamation, and then they were removed in the Night, and buryed at your Houſe, and were taken up there, and here is an Account given what Arms they were, Four dozen of Swords, Twenty five pair of Piſtols, Thirty two Carabines.

Firſt it does not appear when theſe Arms were bought, nor for what intent they were brought from Haywoods.

But what uſe had you, a private Man, for ſo many Arms, and then your going into Leicester-ſhire to meet ſome Gentlemen, and your giving an account how they ſtood affected to the King's Intereſt, whether that be underſtood for the Intereſt of King James, I muſt leave to the Jury, ſince you give us no account that you were imployed by King William.

My Lord, I went upon my private Occaſions, and then talk'd of News as other people do.

But when you returned back again, you declared all was well, and gave an account how perſons were diſpos'd in the Weſt and North.

Is there any perſons named, or particulars? Can it be an Overt-Act of Treaſon for me to diſcover my acquaintance?

But your going with that deſign to engage in an intereſt againſt the King, and for the late King.

He does not ſay diſcovered my deſign. I went to meet with ſome Friends of my own.

Did not he tell you he was to go into Leicester-Shire?

Yes, he did ſo.

Did he tell you to what purpoſe?

He ſaid he was to go to meet ſome of the King's Friends.

Did I tell you who?

No.

But there was a Lord's Brother, what did he tell you of that?

He ſaid all things were well, and the West was as well inclined as the North.

To what?

To the King's Intereſt.

You ſpoke of a Lord's Brother that was concerned?

He ſaid ſeveral Perſons of Quality in the West were concerned, and a Lord's Brother was among them.

My Lord, I deſire he may be ask'd, when he ſaid the King would Land, what King he meant, whether he named the Late King, or King James.

Well, Anſwer that? when he Diſcourſed to you of the King's Landing, did he Name the Late King James? or did he ſay the Late King James?

Was he mentioned in the Diſcourſe?

He never uſed to mention King James to me, but only the King, which I underſtood always of King James.

Pray what time was it that he ſpoke of the King's Landing?

Therefore no other King could be meant but King James, for there was no other King to Land at that time; and he ſaid he had the King's word for it; I ſuppoſe he can't pretend he had King William's word for it.

I hope, to talk of the King's Landing is no Treaſon, it is but words; if I tell an idle Story of what I think may come to paſs, ſhall that be reckoned Treaſon? Then for him to ſay, I had it from the King's own Mouth, it is impoſſible to be true, and it an Overt Act, being only Words, and cannot be reputed Treaſon. And then as to the other two Parts of the Charge, the Conſultations which my Lord of Ailsbury, and thoſe other Perſons, there is but one Witneſs, no body but Porter, neither is there any more but he for the Aſſaſſination, his Evidence is but a ſingle proof, and there ought to be two poſitive Witneſſes by the Law to each Overt Act.

No, there ought to be two Witneſſes to each Species of Treaſon, that's all.

There ought to be two Witneſſes to both theſe parts of the Treaſon.

I muſt tell you, Sir Willian Parkyns, If any perſon does Deſign and Contrive that the Realm ſhould be Invaded, or the King Depoſed, and another ſet upon the Throne, that Conſpiring to Invade the Realm, or Depoſe the King are Overt Acts of High Treaſon, within the Statute of 25. Ed. 3. and the ſame Species of Treaſon as deſigning to Aſſaſſinate him is. It is Compaſſing, Deſigning, Imagining his Death, and Deſtruction. Now the Queſtion is, Whether there is not another Witneſs, beſides Capt. Porter, to prove another Over Act of this Deſign.

I don't find there is, for all the reſt is only Diſcourſe.

Yes, for what do you think providing Arms for that purpoſe is only Diſcourſe?

The Witneſſes don't ſay, for what purpoſe the Arms were bought.

Nor do you tell us of any other purpoſe.

My Lord, it does not appear when they were bought.

Ay, but what occaſion had you for ſuch a quantity of Arms?

My Lord, I did not buy them after all. I found them, if I had had liberty to have ſent down for Witneſſes. I could have proved, that theſe Arms were in Boxes all Ruſty in my Houſe, when I firſt came to it.

Ay, but why were they buried, juſt at the time when the Plot was broke out, and the whole Deſign diſcovered?

I can't tell, my Lord, how to help it, if they will make an ill Interpretation.

What Interpretation would you have us make?

My Lord, It is very eaſie to imagine, People don't care to be found with Arms at ſuch a time; but however the having of Arms is no Treaſon. They are as much a Commodity as any thing elſe.

And then the Horſes coming to Town juſt at ſuch a time, and the Saddles.

I have not bought a Horſe this two Years, and I travelled in no other manner than I uſed to do. So the Groom tells ye, I uſed to come to Town with three or four Horſes always. I never kept leſs than ſix or ſeven Horſes this twenty Years, ſometimes a great many more; and they were little Horſes, Padds, no way fit for the Service they are preſumed to be for.

Have you any thing more to ſay, Sir?

I hope, my Lord, as to the Aſſaſſination I am clear: Perhaps the World may imagine, I have had ſome Inclinations to King James's Service, and perhaps they may not think amiſs; but I never did any thing, nor had an opportunity to do.

God be thanked you had no opportunity.

And I hope my Life ſhall not be taken away without proof, I hope it will be rather thought, that every one ſhould be taken to be Innocent, and it ſhould better pleaſe the King, that I ſhould be acquitted, than to let me be found guilty upon ſlight Grounds, and Imaginations, of which little or nothing can be made.

No queſtion of it, it will pleaſe the King, and every body elſe; that you ſhould be found Innocent.

Then, I hope, my Lord, you will not ſtrain the Law to take away my Life; according to the Rule, That it is better five guilty Men ſhould eſcape, than one innocent Man ſuffer: For the Blood of a Man may lie upon every body, if it be cauſeleſly ſhed; and it is very ſevere to ſtrain the Law to take away any Man's Life.

Look ye, Sir William Parkyns, I muſt tell you, You may be under a very great miſtake; you may think it neceſſary to have two Witneſſes to every Overt Act, but that is not ſo; for if there be one Witneſs to one Overt Act, and another Witneſs to another Overt Act of the ſame Species of Treaſon; that is all that the Law requires.

Here are two Species of Treaſon, Leying War is one Specie, and Aſſaſſination is another.

Your Deſign was Originally, the Reſtoring of King James, and in order to that the Dethroning of King William.

That appears but by one Witneſs which is not according to Law, which requires two.

One way of effecting your Deſign was by Aſſaſſination, the other by Invaſion, or by Force.

Still, my Lord, here is the ſame Witneſs, and that is but one:

Yes, there are two.

None but Capt. Porter.

What, not, as to the Reſtoring of King James, which tends to the Dethroning King William.

In what Particulars, my Lord?

Your providing Arms, and going to Leiceſter-ſhire, and ſending Charnock on that Errand into France. As to the Aſſaſſination, indeed there is but one poſitive Witneſs beſides other Circumſtances which have their weight, but as to the other, you ſaid the King would come.—

It was my Opinion, that's all.

But you ſaid you had his word for it.

Does not that Anſwer it ſelf, my Lord? is it poſſible it ſhould be true, that I who was in England ſhould have the word of one that is at ſuch a diſtance beyond Sea?

And then your buying of Saddles, for what purpoſe were they?

My Lord, does he ſay it was in order to it? I am ſure he does not, and I hope I ſhall not be preſum'd out of my Life.

When you talkt of the King's Landing, and ſaid, you had his word for it; you likewiſe ſaid, your Troop was made up of old Soldiers, beſides Voluntiers that had been Officers.

Still there is nothing done; he does not ſay, there was one Man raiſed.

And your going into Leiceſterſhire upon ſuch an Errand, as you told him you went upon.

Well, my Lord, I muſt leave it to your Lordſhip. I hope you will conſider well of it.

We muſt do that which is right between the King and his Subjects.

And, I hope, my Lord, the Converſion of Subjects is more acceptable than the Deſtruction of them; and the Governement is more concern'd to ſave the Innocent, than to ſtretch the Law to puniſh Guilty.

It will be more acceptable, and indeed the King and Kingdom are very much concerned in this matter, and at this time, Sir William, and the Government ought to take care to preſerve it ſelf. Have you any more to ſay, Sir, if you have, pray ſpeak it?

I have no more. I ſubmit it to your Lordſhip: I think there is but one Witneſs, and all the other is but Conjecture and Nonſence; and one Witneſs is not ſufficient, by the Law of England, for by the Statute there muſt be two.

I have told you my Opinon.

Beſides, your Lordſhip has knowm me this many Years, and you know that my Education was not to War, and Fighting, but the Gown; and your Lordſhip knows how peaceably I have lived.

I have known you heretofore, Sir William, while you kept your Profeſſion and your Gown.

And now in my old Age, my Lord, I am grown Lame, and loſt the uſe of my Hands with the Gout, and ſcarce able almoſt to go on my Feet. Therefore it cannot in reaſon be thought probable, that I ſhould engage in ſuch a buſineſs as this; and therefore I hope you will interpret all things in a milder Sence, in favour of Life, rather than for the deſtruction of it, and the ruine of a Man's Fortune and Family.

I tell you, You have had my Opinion cocerning the number of Witneſſes. I ſuppoſe, my Lord and Borther will declare theirs.

My Lord Chief Juſtice, it ſeems, does pleaſe to have us deliver our Opinions; I think we ought to be very tender in a Caſe of Blood: I think the life of Sir William Parkyns is at ſtake, and we ought to be carefull that he have no wrong done him: but I think in the Caſes of Treaſon, eſpecially of this nature, the life of the King, and the lives of all the innocent People of the Kingdom are alſo at ſtake; and we muſt be indifferent in this caſe, and by the Grace of God we will be ſo. The Queſtion that Sir W. Parkyns propoſes, is, Whether there are two Witneſſes upon this Evidence, to this matter of which he is indicted, which is, the Compaſſing and Imagining the King's Death. One Witneſs, at leaſt, does poſitively prove, that you Sir William Parkyns did agree to the Deſign of aſſaſſinating the King's perſon, and promiſe to provide and contribute Horſes and Arms to that purpoſe. Now ſuppoſe this is proved but by one Witneſs, and the Evidence had gone no further, then your Objection would have had a very good ground, that this could not be a legal Proof of Treaſon; but I muſt tell you, that this Treaſon of Compaſſing and Imagining the King's Death may be made evident by other Overt-Acts, beſides that of Aſſaſſination: To conſpire with a foreign Prince, to invade the Realm, to provide Arms, to joyn with Invaders, and to make an Inſurrection againſt the King, theſe are Overt-Acts of Imagining the King's Death. For it cannot be ſuppoſed, but that he that would have an Invaſion and an Inſurrection againſt the King's Perſon, does intend the Deſtruction of the King; he that would take away all his Defence, which he might have by the Aſſiſtance of his Subjects, and leave him expoſed to his mortal Enemies, cannot but be preſumed to deſign the King's Ruin and Murder. Therefore, Sir William, ſuch things being in their Nature a Compaſſing and Imagining the King's Death; your providing Arms and a Troop are Evidences and Overt-Acts of this Treaſon; and ſo will your going up and down and meeting People in order to riſe, if that were your buſineſs in Leiceſterſhire, &c. as it ſeems by the Evidence it was.

But that is not ſaid, my Lord, I humbly beg your pardon for interrupting you; it is not ſaid, That I met them to riſe, by no Evidence whatſoever, and therefore, pray my Lord, do not inforce it beyond what the Evidence has proved; he ſaid, I went to meet my Friends: was there any thing ſaid, it was in order to a Riſing?

I think you miſtake your own words, as you ſpoke them to be Witneſs, if I did take them, as I think I did right, for they were ſeveral times repeated. I will do you no wrong, Sir William, I aſſure you. You went into Leiceſterſhire, and you ſay, It was to meet your Friends, the Witneſs ſays, It was to meet the King's Friends: by the King, it is very plain, you meant not King William, but King James; for you ſpoke before of the King's Landing, which was at Chriſtmas laſt, when every body knows King William was in Fngland. Theſe coupled together—

I beg your Pardon, my Lord; thoſe two things are not both to be joyned together, the diſcourſe of the King's landing was at Chriſtmas, as he ſays, the other thing, my Journey into Leiceſterſhire was a Month afterwards, and therefore they cannot be coupled together.

The coupling of them, that I meant, was only to ſhew who was underſtood to be ſpoken of by you, when you named the King; ſo the Qucſtion is, Whether you did not mean the ſame perſon in January that you meant in December, by the word King, eſpecially ſince as a Diſcovery you had made, you ſaid further, that the Weſt was as well inclined to the King's Intereſt as the North, and a Lord's Brother was concerned in it. If by the King, you had meant, King William; how impertinent and inſenſible had been all this Diſcourſe, that the Weſt was as well inclined as the North, and that a Lord's Brother was concerned in it; concerned in what? In being inclined to King William, to what purpoſe could that be ſaid?

It may as well be interpreted that way as the other.

I muſt leave that to the Jury. And I confeſs, if there were not ſomewhat more in the caſe, you might the better argue upon this, as to the Interpretation. But laying aſide the conſideration of your riding into Leiceſterſhire, &c. here is this providing of Arms, proved by 4 or 5 Witneſſes, and the ſerving of them in that manner; and there is no account given by you, that they were provided for the ſervice of the Government, or that you were imployed ſo to do. Certainly it is not lawfull to provide Arms, eſpecially for a whole Troop, as for ought I perceive here was, tho' indeed I am not skilfull enough in thoſe buſineſſes, to know how many make up a Troop: but it's plain here was an Inſurrection intended, when the Invaſion was made; and that is an Evidence, that theſe Arms were to be imployed upon that account, for no other uſe was to be made of them, nor is pretended. If you had found thoſe Arms in your Houſe (as you ſay) it had been your Duty to have delivered them up, or diſpoſed of them to the Uſe and Service of the Government, which ſervice too, could only be when you had a Commiſſion from the Government, and not of your own head. And then, beſides all this, you acknowledg'd that you had a Troop of old Soliders.

It is but ſlidingly that, for he only tells you, that a Troop would be compoſed of old Soldiers.

How can that be? when he ſays, he repeats your own words, My Troop conſiſts of old Soldiers; can any body ſay, that his Troop conſiſts of old Soldiers, without having a Troop.

What was it that he did ſay? it did conſiſt, or it would conſiſt.

He ſaid his Troop was compoſed all of old Soldiers.

But does it appear by any Evidence, that I had a Troop; if I had, who were they? none of theſe Men do appear. Does this Troop conſiſt of Men in the Air▪ that I ſhould liſt Men that are all in Nubibus, and not one of them to be known. Suppoſe I ſhould tell him a Lie or make ſome Brags, is this Treaſon, here is no perſon proved to be liſted or named.

But Arms were found in your houſe for a Troop.

But where they were bought, and when they were bought and made ready, it does not appear; and I affirm to your Lordſhip, if you would give me but one Days time, I would prove, that they were at my Houſe at Warwickſhire, when I firſt came down thither, which is too years ago. And I'll fully make it out to your Satisfaction, or I'll be crucified or any thing in the World. I can prove it by a great many Witneſſes, by my Friends, and all the Servants that belonged to me, they were there long before this Diſcourſe was had or thought off.

If your Lordſhip expects that I ſhould deliver my opinion, I am ready to do it. As to this matter of Law that Sir William Parkyns has propoſed, he ſays, There are not two Witneſſes to the ſame Over-Act, and therefore no Evidence of Treaſon; truly, I take it, and always did, that the Law is, there need not be two Witneſſes to the ſame Overt-Act; but if there be two Witneſſes, one whereof ſpeaks to one Overt-Act, and another to another Overt-Act of the ſame Species of Treaſon, theſe are two Witneſſes within the Law. Now I think, there are two Overt-Acts in the Indictment of this Treaſon. The Treaſon is compaſſing the Death of the King; the Overt-Acts are firſt the particular Deſign of the Aſſaſſination upon his perſon, and the other is the bringing in of a foreign Force, and preparing Horſes and Arms to meet that foreign Force here: all this to the ſame Intent and Purpoſe, the compaſſing and imagining the King's Death. Now beſides that of the Aſſaſſination, there are a great many Witneſſes that prove there were Arms prepared; for there are found a great Quantity, when they open'd the Boxes, which Boxes, it is plain, he himſelf ſent down to Haywood's Houſe: For tho' Charnock writ a Letter, yet it was by his Direction, as he own'd to Haywood, when he was here in Town. And then his Servant fetch'd them away from this place, and this I take to be another Overt-Act, and proved by ſeveral Witneſſes. Sir William Parkyns ſpeaks of his being a Gown-man, but I do not know what a Gown-man has to do with ſuch a quantity of Arms.

If you will give me leave to ſend for ſome People, I will demonſtrate it to you as clear as the Sun, that they were in the Houſe two years ago, when I came firſt thither.

There were preparations two years ago, it appears for the Deſtruction of the King and Kingdom, how ever the Men that were accuſed of it, had the luck to eſcape and be acquitted.

My Lord, I hope I ſhall not be interpreted out of my life, I deſire the Statute may be read.

What Statute do you mean.

The 25 of Edw. 3. and the new Statute too, let them both be read to the Jury, that they may conſider of it.

There is nothing of 2 Witneſſes there.

No, but there is another Satute of the 5th. Edw. 6. Cap. 11. that may be more for your advantage, will you have that read?

Yes, if you pleaſe, I know there is another Statute that does direct it, and I expected to have found it in this Statute.

This is an Act made in the 5th. and 6th. years of King Edw. 6th.

The Statute was read to theſe words, Unleſs without Trial he ſhall confeſs the ſame.

There's enough.

You have heard the Statute read, would you infer any thing from it?

I infer that there ought to be two Witneſſes, and here is but one.

There are two Witneſſes.

Not direct to the ſame thing.

I ſhall leave it to the Jury, whether this Evidence does not prove an Overt-Act, to demonſtrate a Deſign againſt the King; if the Deſign be to depoſe him, and that's manifeſted by two Overt-Acts, and undoubtedly that is Treaſon within the Statute of 25. of Edw. 3.

Suppoſe dethroning the King be the main deſign that ſtrikes at his Life, and you reſolve it ſhall be done one way or other. One way by Aſſaſſination, the other by Inſurrection; or by Invaſion and joyning with a Foreign Army.

My Lord, I conceive there ought to be two Witneſſes for each.

No, no; for that very laſt Act that is to take effect in a few days, declares it is ſufficient if there be one to one Overt Act, and another to another, but ſtill it muſt be of the ſame head or ſpecies of Treaſon; and depoſing the King, and aſſaſſinating of him, and preparing to raiſe an Army againſt him, or to excite an Invaſion, are but one ſort of Treaſon.

It may be ſo, if they were Overt Acts of one ſort of Treaſon; but riſing in Arms, and Aſſaſſination are as different things as can be in the world, and therefore there ought to be two Witneſſes to each of them.

That which I delivered as my opinion was, that one Witneſs proving one Overt Act, and another Witneſs proving another Overt Act of the ſame ſort of Treaſon are two good Witneſſes, according as the Law requires. And I am the more fully confirmed in it, by the Clauſe that is in this new Act of Parliament, made for Tryals in Caſes of Treaſon, that a man ſhall not be convicted of Treaſon, but by and upon the Oaths and Teſtimony of two lawful Witneſſes, either both of them to the ſame Overt Act, or one of them to one, and the other of them to another Overt Act of the ſame Treaſon.

Of the ſame Treaſon, aye.

And here it is the imagining the Death of the King, that is the Treaſon.

Then you may ſay every thing elſe is ſo; but if you pleaſe to let the whole Statute be read.

You ſhall have it read if you will; but this is all that is in it concerning this matter. Now a deſign to depoſe the King, which manifeſted by ſome Overt Act, is an Overt Act to prove the deſign of the Death of the King.

Then it muſt be manifeſt, and not by Interpretation; and all theſe things are by Interpretation, except it be what Porter ſwears.

If by Overt Act it be proved, that you deſigned his Depoſition, that is an Overt Act to prove your deſign of his Death.

They are very different things, Death and Depoſitions. We have ſeen a King depoſed, and yet he is alive.

I am ſure we have ſeen a King agreed to be aſſaſſinated, and yet, God be thanked, he is alive ſtill.

It is not the ſucceeding in the Deſign, but the Deſign it ſelf that is the Treaſon. God forbid that it ſhould have Succeſs to make it Treaſon.

But whenever people will agree together to bring in Foreign Forces, or to prepare Men and Arms againſt the King that is in Poſſeſſion, this is reckoned an Overt Act of a Deſign againſt his Life, and has always been reckoned ſo by my Lord Chief Juſtice Hales, my Lord Chief Juſtice Coke, and by all thoſe Men that have been reputed, the moſt tender in Caſes of this nature: For any Act that expreſſes an intent of dethroning the King, by means of an Invaſion by a Foreign Force, and an Inſurrection againſt the King, is a proper proof of a Deſign of his Deſtruction; and if not, then agreeing to ſhoot him is not an Overt Act. Men may ſay alſo, but there need be actual Shooting to make out the Overt Act in that caſe.

If your Lordſhip pleaſes to have the Act read, I ſhall ſubmit to your Lordſhips Judgment.

Let it be read.

If you pleaſe to read the Act, the Preamble of it.

This is an Act made in the 7th Year of our Soveraign Lord the King. Is that the Act? It is an Act for Regulating of Tryals in Caſes of Treaſon, and miſpriſion of Treaſon. Is that the Act?

Yes, yes.