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sassination and to give a report to the prisoner, and the rest of the conspirators, what they thought the most proper place; and that accordingly they did view the place, and came home at night, and met the company, whereof | sir William Parkyns was one; and they gave as account how the place was viewed, and which was thought most proper, and then all the company agreed to it. He says indeed, thatsir William Parkyns was not one that was to execute it in his own person, but one Scudamore was to be the man employed by him; and he did say it was a thing that was very necessary to be done, and would facilitate the introduction of king James, and the bringing him back again: And there is likewise this Concurring evidence of Mr. Porter's with what I shall observe by and by, that sir William Parkyns was to procure five horses, three whereof be was to mount himself, and two he was to send captain Porter to mount; and if there were further occasion he could procure more from Mr. Lewis, gentleman of the horse to my lord Feversham; and accordingly we have produced to you two witnesses, Freeman and Turton, the one a tapster, the other an bostler that lived at the George-inn in Holborn, who give you an account that upon Friday before the first day that was designed for the assassination, there did come three horses to town, for sir William Parkyns; but it being put off upon the disappointment, they were sent out of town again. Upon the Friday afterwards, the day before the discovery, then there were four horses brought to town, and a 5th was of Mr. Lewis, which was a roan gelding.

Parkyns. Pray, Sir, will you please to observe what sort of horses they were; and particularly the height of them, that it may be known how fit they were for this business.

Sul. Gen. I will do you no wrong, sir William, if I can help it. The Jury have heard the evidence; and by and by they will hear my lord's directions: but they do say there were four brought to town, and a fifth was sent, a roan gelding; first, the witness said the horse came from Montague-house, but then presently he recollected himself, and acknowledged the mistake; and afterwards said it was from Somerset-house. So there were the five horses, three whereof sir William Parkyns was to mount, and 2 captain Porter, as he himself says; and these facts I instance in, as making a concurring evidence, and very near to two witnesses to prove this part of the conspiracy.

Then, gentlemen, captain Porter goes further, and says, that he had heard (but sir William Parkyns did not tell him so himself) that sir William Parkyns had a commission to raise a regiment of horse, and was preparing so to do, against the time of the invasion, to join with the forces that were to come from abroad. To confirm which, we have called Mr. Sweet to give you an account that he had been acquainted with sir William Parkyns for three years, and that he had often talked with him

about the king, that is, his present majesty, whom he called the prince of Orange, and the little gentleman; and about king James, whom he used to call always king; and he said the king was to land very speedily, and that he had a troop which consisted of old soldiers, and that there were several volunteers that were officers; he said he was to take a journey into Leicestershire, and accordingly he went; and when he returned back again he said, the west and the north were very well inclined to the king's interest, or to that purpose. And to strengthen his evidence we prove, that he did go accordingly into Leicestershire, and we prove it by his servant that went with him, where he met with several persons, particularly one Yarborough, and a parson; what they did transact the servant cannot prove, but he is a concurring witness to prove, that he went into Leicestershire; and we have all the reason in the world to believe that he went on that errand that he spoke of before, that is, to meet the king's friends, as he called king James. And then there is a further concurring evidence, his having a regiment, or a troop, it is not material, whether it be one or the other; and that is the matter of the arms, 4 dozen of swords, 32 carbines, 35 cases of pistols, that were hid in the garden of his house: And these arms we have traced further, he sent them from his house to Haywood's house; there he thought they would not lie safe, and therefore sir William Parkyns sends for them privately; they were to come away at night, and be brought back to his house, and they were accordingly brought back in the night to his bouse, and there they were buried; and the same person saw them taken up afterwards, which brought them to sir William Parkyns's house, and proves they were the same boxes that were buried, and which upon opening proved to be these arms, that were first sent to Haywood's and afterwards brought back to his own house.

So that this, gentlemen, is a concurring evidence both to what Sweet says, and to what Porter says; and those are the two witnesses to this part of the treason, that there was a provision of arms and men for this purpose, which he said he had a commission for.

Now, gentlemen, against all this he makes but a very small objection.

As to the matter of two witnesses to every overt-act, that has been over-ruled by the court; and as to the arms, he says he found them at his house when he first came to it; and then they were old rusty arms, but of this he gives you no manner of evidence. But if they were there when he came to the house, how came he at this time of day to hide them, and secrete them? Why might they not be as public now as they were before he came, which he has had time enough to prepare to prove since the finding of them? And he does not give you so much as any colourable reason why he so secreted them. And therefore it is a most just and violent suspicion, that they were for the purposes that the witnesses have

given you an account of,; and you have reason to believe they were provided for to arm that number of men, which he was to raise to assist the French when they came to land here. So that if you believe what the witnesses have sworn, you cannot say but that he is guilty of the treason charged upon him; and we doubt not you'll find him so.

Mr. Cowper. May it please your lordship, and you gentlemen of the jury; I am of the same side of counsel for the king. Sir William Parkyns has given us a good caution, which I shall take care to observe: and that is, not to strain either fact, or law, to his prejudice. But, my lord, when such a matter as this, a crime of this nature, is so far proved against the prisoner at the bar, that nobody can in his private judgment reasonably acquit him; then I think it a good piece of service to the public to make the matter so plain, that it may be put beyond all manner of doubt, both for the ease of the jurors, and for the satisfaction of all others that hear this trial.

My lord, sir William Parkyns has truly divided his indictment into two parts, the one that accuses him of being concerned in the assassination, and the other that accuses him of being concerned in inviting the French into the kingdom, and engaging to meet them with an armed force.

My lord, as to the first part, I must do sir William Parkyns that right, that there is but one positive evidence as to the assassination; but that evidence tells ye he agreed to it at several meetings; nay, that he was one who said it was necessary to be done, in order to the other design he was engaged in, the facilitating the landing of the French, and king James his descent and restoration. There is, I say, indeed, but one witness of that matter, but the evidence of that one witness is confirmed by many concurring circumstances; by his sending for horses to town the day before the first Saturday, when this execrable treason was to have been executed; by sending them out of town again that day upon the disappointment; by sending for them again the Friday before the second Saturday that the king was to have been assassinated; by his having more horses than were usual with him that day; by his taking care then of three horses that were none of his own, and one of them brought very suspiciously from Somerset-house; and that all these eight horses should be immediately hurried and carried away upon the disappoint ment the second Saturday, and nothing ever heard of them afterwards. I say one of them was brought very suspiciously; for, my lord, you observe it came from Somerset-house, and was sent by Lewis according to the prisoner's promise to captain Porter, which Lewis, it is apparent by all the witnesses of this matter, was privy to this design.

My lord, there is another circumstance besides this, which, I think, has not been observed; and that is, his sending for Sweet up to town before the second time that the king

was to have been assassinated; he came up indeed before both the times: the first time he was told by the prisoner, he had once designed to have used him in a business; but upon second thoughts he had compassion for his family. And when he came the second time, he was first asked what condition he had left his family in, whether he had provided them money. He said, No; and there upon he was chid: and the prisoner said, he might then as well have staid at home. All these circumstances, besides the one positive evidence, savour strongly of his having a great hand in the design of assassinating the king.

But then, my lord, as to the other part; his inviting the French, and preparing to meet them, that is positively proved by two wit nesses. Captain Porter tells you, that the prisoner was at the two meetings in Leadenhallstreet, and St. James's-street, where it was expressly resolved by all that were present, and the prisoner among the rest, to send Charnock over to invite the French to invade this kingdom, and to promise to meet king James at his landing with two thousand horse. He swears, That sir William Parkyns did particularly agree to what was resolved upon at both the consults. And Sweet tells you, that he had prepared for the same design; for that sir William Parkyns told him the king would land, he had his word for it; and he himself had a troop of old soldiers. 'My troop does 'consist' (he spoke it in the present tense; for it being a doubt, sir William Parkyns did himself that right as to examine the witness again, and he repeated it as his words) My troop consists of old soldiers, or is composed of old 'soldiers;' and he was to have several volunteers that had been officers.

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My lord, these two positive witnesses are evidence that goes to the same species of treason, nay, to the same design, the raising a rebellion, and the deposing the king, which is killing him in his politic capacity; I say, these two go home to the same design.

And, my lord, this evidence upon this branch of the indictment, is corroborated too by very strong circumstances. There is a journey to Leicester, which Sweet speaks of, that sir Wm. Parkyns told him he would undertake: this journey it is proved by his servants that he did undertake: that he met there with several persons, and came back and made his report to Sweet of the success of his journey, and how well disposed the king's friends were, by which naine he always meant king James; for when he spoke of our present king, he called him the Little Gentleman, or sometimes king William, and sometimes, as the witness at last said positively, the prince of Orange: but when he spoke of the king, without any thing else, he always meant king James; and besides, he spoke of a king that was beyond sea at Christmas last, which could not be king William, who was then, and had been in England so long before.

My lord, the prisoner in his defence says, that

defence; I have, as well as 1 was able, given an answer to the objections made to it, and I must now leave it with you, gentlemen of the jury: and though these considerations that I have mentioned may not quite remove all compassion, yet they may serve to confirm you in a resolution of doing the king, and kingdom, and yourselves justice; and that is all we ask of you.

this servant of his that went with him into Leicestershire, had been formerly Charnock's servant, and was sent by Charnock with the message to Kensington, and not by him. Yet I must observe, that the evidence swore positively he was sent by sir William Parkyns, his master, and brought the note in the almanack back to the person to whom he was directed to carry it, who lodged at the confectioner's house; and when he had so done, that the person that L. C. J. Gentlemen of the jury, sir William lodged at the confectioner's did not remit him Parkyns is indicted of high-treason, for designto Charnock, but to his master sir William Par-ing, imagining, and compassing the death of kyns, with a message that he would be at home, the present king. There have been several and stay there ready, whenever he should have witnesses produced that have given evidence occasion for him and this was upon the very upon this indictment; the first of them is Mr. Saturday the king was to have been assassi- Porter, who has been a witness heretofore nated. against several upon the like occasion; and he gives you this account, that about the latter end of May, or the beginning of June last, there was a meeting of divers persons at the Old King's-head tavern in Leadenhall-street, in the city, where they dined together; and there was sir William Parkyns, captain Porter himself, sir John Fenwick, sir John Freind, and divers others that he has mentioned to you. At that meeting they did consult together, which way the late king James might be restored, and it was thought very necessary that there should be a French force sent over hither to join with others for his restoration. And they did among themselves agree and determine, what number of forces might be convenient for that purpose; they did propose 10,000; 8,000 foot, 1,000 horse, and 1,000 dragoons; and that a message should be sent over to king James, to persuade him to solicit the French king to furnish him with such a number of men, to be sent over into England. Mr. Charnock, that was then in the company, was the person agreed upon among them to be the messenger to be sent upon this errand; which employment he did undertake, upon their promise, that they would raise among themselves 2,000 horse for to meet the late king at his landing.

My lord, sir William Parkyns has complained, that if he could have had his evidence here he could have proved the arms had been two years in his house, and that he found them there when he came thither first. If we should admit that matter, we might confess, and avoid it; for it is apparent that these arms were on this occasion put up in a suspicious manner in boxes, and sent to Haywood's (who is a suspicious person, by reason of his relation to Charnock, upon whose letter and recommendation they were received), and concealed till the plot was disappointed; and then they were carried away from that place, and buried in sir William Parkyns's own garden. This was just after the breaking out of the plot; and they were buried for the better securing them as choice goods. And whereas the prisoner says they were old and rusty when be found them, it now appears they were clean and new-furbished arms, and the hilts were off the swords, and packed together. My lord, he has recourse to another argumeet in the last place, the most moving, I must confess, of all, and that is the argument of pity; he has spoke of his education in the profession of the gown, of his infirmities, his age, and his family. Arguments of pity I am very unfit to give an answer to, and should be very unwilling to extinguish any motions of it; but this I must observe, even by way of answer to that argument, that the time was when he should have pitied himself, and not engaged in such an abominable and merciless a design; that he should have had pity upon his country, which he plotted to bring under the greatest confusion and desolation; that he should have had pity upon the best of kings and the best of men; but then there was no pity, when they thought they had laid their designs so that they had him in their power, but they resolved barbarously to murder him, and persisted in the resolution of assassinating him after they were once disappointed; that it seems, did not discourage them, but they undertook it a second time, and it does not appear that they ever had any remorse at last for it; but the plot broke out, and so their design was frustrated.

My lord, this is the sum, I think, of his

This being at that time determined, and Mr. Charnock having accepted this employment, he did make preparation to go upon this errand. In some time after (a week or a fortnight, or thereabouts) there was another meeting, at which were several of the same persons that were present at the former, and among them sir William Parkyns was one: and this meeting was at one Mrs. Mountjoy's, that keeps a tavern in St. James's-street, where they did discourse of what they had formerly agreed upon, and did again consider, whether they should proceed to send Mr. Charnock with that message; to which they afl agreed, that Mr. Charnock should go, and he accordingly went: and captain Porter met him about five or six weeks after the meeting at Mrs. Mountjoy's; and Charnock told him he had been with the several persons who had sent him, and had acquainted them with the answer of king James; which was, that at that juncture of time the French king had such occasion for his forces, that he could not spare them, or furnish him

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But then captain Porter tells you farther, how the design of assassinating the king was set on foot about the latter end of January, or the beginning of February last; about which time sir George Barcley was sent over with a commission from the late king James; which seems to have given great encouragement to that party of men: For sir George Barcley, captain Porter, and sir William Parkyns, with divers others, had several meetings at the Globe tavern in Hatton-Garden, the Nag's Head tavern in Covent-Garden, the Sun tavern in the Strand, and other places. And at these meetings they entered into consideration, what was the best way to restore the late king James to the throne; and it was agreed among them, that the best means for the effecting that restoration would be to kill king William, which they resolved to undertake; and at these debates and resolutions sir William Parkyns, the prisoner at the bar, was present. Captain Porter being asked whether sir William Parkyns, at these consults, did consent to the king's murder, he said they did all agree to the assassination of the king; and sir WilJiam Parkyns said, he thought it was very necessary to be done, to facilitate the restoration of the late king.

Gentlemen, this design of assassinating the king being thus resolved upon, the next thing considered among them was, how it might be effected. There were several ways proposed: One was by an ambuscade; for the king having a house in the country by Richmond, his Majesty used to go once a week a-hunting thereabout, and to return at night; and therefore an ambuscade on that side of the water, near the house, was proposed. Then another proposal was made to fall upon the guards on this side the water, and at the same time that the king's coach was to be set upon. And these two places being proposed, there was some difference of opinion among them; whereupon it was agreed that some persons should be sent to view the ground on both sides the water, which persons were captain Porter, King that was executed, and one Knightley: And so some days before the 15th of February they did go on both sides the water, and viewed the ground, and returned in the evening to the Nag's-head tavern, according to agreement; where were met together sir George Barcley, Mr. Charnock, and the prisoner at the bar sir William Parkyns. And there they made their report of their view of the ground; upon which both the proposals were debated; and at last they did all agree that the attack should be made upon the king on this side of the water, in a lane that was between Brentford and Turnham-green; and the attack upon the guards was likewise to be made thereabouts.

Sir William Parkyns was to furnish five horses, whereof three of them were to be mounted by men of his own providing; the

other two were to be mounted by men of captain Porter's providing; Mr. Porter, Mr. Charnock, and one Rookwood were to be principally engaged in attacking the guards. The number of men agreed upon for the whole were about forty, or few more, and sir George Barcley was to have a party out of them all, of about eight; and as those others went to fall upon and charge the guards, sir George Barcley with his party of men, was to attack the king in his coach, and by shooting into the coach to kill the king and all that were with him.

The time agreed upon for putting this design in execution was on Saturday the 15th of February. That day it was expected the king would go a hunting. And two men were planted at Kensington to give notice when the king went; and upon such notice these men were to march out in small parties, and to lodge in the inns and public-houses about Brentford and Turnham Green, upon notice of the king's return from the other side of the water, and sir George Barcley was to be in readiness to set upon the coach in the lane, and the other party to attack the guards.

But this horrid design was very happily discovered, which prevented the king's going abroad on that day; and though they were disappointed for that time, yet the design was not at an end: But their resolutions continue to make the like attempt when they could have another opportunity. And for that purpose there was another meeting, as captain Porter tells you, upon the Friday following at the Sun tavern in the Strand, at which sir William Parkyns, sir George Barcley, Rookwood, and Charnock, and captain Porter, were present; and they did agree to attack the king and the guards the next day, in the same place and manner that they had formerly agreed upon. But by good providence the king had notice of it, so that he did forbear to go abroad that day; whereby these conspirators were totally disappointed of their barbarous and villainous design which they had resolved upon, and had made such preparations to compass.

It is true, captain Porter does tell you, sir William Parkyns was not to be one that should be actually present at the assassination; but he was to furnish five horses; three of them to be mounted by men of his own providing, and two by men that captain Porter was to provide. And you are told positively that captain Porter, at this last meeting, did complain that two of his horses were fallen lame, and acquainted sir William Parkyns with it; and be promised to help him to two more by the means of one Lewis that was gentleman of the horse to my lord Feversham.

Then you are told, that sir William Parkyns sent to Sweet to come to town the 11th of February, and Sweet comes to town accordingly on Wednesday the 12th of February; and then he had discourse with sir William Parkyus at his lodgings; where sir William told hun, that because of his family, he would not employ

bim in the business he intended for him, and there to be very well; and the west was as well therefore bid him go home again ; and withal inclined to the king's interest as the north ; and directed bim to return to town the Friday fol. a Jord's brother was concerned. lowing, and order his groom to bring his horses Then in the pext place you are told, That to town; he mentioned three horses which at Michaelmas last Nr. Charnock did write a should be the strongest he had. The groom letter to one Haywood, who had married his brought up the three horses, and Sweet came sister, and lived near sir William Parkyns in to town with bim, and staid till Saturday. Sir Warwickshire, to desire bim to receive some William Parkyns said, he thought to go out of goods into his house that were to come from town in the afternoon, but did not, but staid till sir William Parkyns's, and lay them up very Monday, wben he went out of town.

carefully; for they were choice goods, which But upon the Friday following the horses of sir William durst not leave in his own house, sir William Parkyns were brought to town because he had left it. And accordingly there again, which now were four, and were set up were these boxes and chests sent to Haywood's, at the George-inn in Holborn; and it appears and received by him into his house, where they tbat Mr. Lewis furnished one horse; for there continued till the latter end of February. Haywere five horses upon the account of sir Wm. wood about this time, when the design of the Parkyns, of which a roan borse was one, which Assassivation was on foot, met with sir William came from Somerset-house. This is proved by Parkyns in town, and asked him how he would the ostler ; and that Lewis himself came in on dispose of those goods ? Thereupon sir William Saturday in the afternoon to inquire for sir Wm. Parkyns sent bis servant into the country; and Parkyns; but he was gone, and the horses notice was given on Asb-Wednesday, the Wedwere taken away, and he once came with sir nesday after the first proclamation that issued William Parkyns to the ind. These are cir- upon the discovery of this conspiracy, that cumstances that do concur with and confirm these goods should be removed : and a man, in Captain Porter's evidence concerning the pro- the evening, went to Haywood's house with a viding horses for this design.

cart and horses, and removed these chests; Then there is another particular of captain they were three in number; and those being Porter's evidence concerning the commission opened, there were eight lesser ones taken out, from king James, which is remarkable: it was and carried away about nine or ten o'clock at told you, that he asked Charnock whether he night to sir William Parkyns's house in Warhad seen the commission : he said, No, but sir wickshire, where they were buried in the William Parkyns bad: and sir Win. Parkyns garden, and afterward were dug up; which was asked by Porter, as they were sitting by was at the searching sir William's house upon the fire-side, wbether he had seen the com- the breaking out of the plot; and when they mission; and sir William Parkyns answered, were opened, it did appear what sort of goods that he had seen it, and had read it, and it was they were: they were arms, a considerable written with king James's own hand; and that quantity of them; four dozen of swords withthe substance of it was to make war upon the out hilts, twenty-five pair of pistols, and a person of the present king, who was calied in great number of carbines, thirty-two as I rethe commission, as you may suppose, the member, and a parcel of hilts packed up in a prince of Orange. So that, gentlemen, as to box by themselves. This, gentlemen, is sworn the design of the assassinating the king, and of to you by the persons that were present at the this commission, which was understood by them digging them up, and opening the boxes. to be for that purpose, this is the sum and sub- Then, gentlemen, you are told, That though stance of Porter's evidence, so attended with sir William Parkyns pretends they were arms and confirmed by these circumstances, as you that he found in the house when he came thihave heard.

ther, yet they were not old rusty arms, as he Besides, the other witness, Sweet, who was pretends, but they were very bright, and fit for a great acquaintance of sir William Parkyns, use and service. tells

you, That about Christmas last he was There is one circumstance more that seems informed by sir William Parkyns, that the to affect sir William Parkyns, about the busiking would come, which he understood to be ness of the assassination; and that is proved meant of king James. He asked sir William by Eubank, sir William's own servant. There Parkyns, how he knew it? and be said, He was a note sent upon Saturday, the 22d of had his word for it; and that his troop con- February in the morning, to one Brown at sisted of old soldiers, and he had thirty saddles; Kensington, by sir William Parkyns's man; and besides, there would be some volunteers, and this Browu writ in the servant's Almanack, which were old officers. Then he said, llé that he would be in town bimself in a little was to go into Leicestershire, and he did go time, and bid him carry it to a man that lodged with one Scudamore; and this was in January, at a confectioner's over against Gray’s-inn gate about the latter end, as I remember. They in Holboro : sir William Parkyns's man aclay that night at Stony-Stratford, and the next cordingly goes to this confectioner's, and night at Leicester, and Scudamore went with speaks with the person there that be was dibim; and afterwards one Yarborongh, and a rected to go to; and he says he was a Scotchparson, came to him out of Yorkshire: and man, and talked broad like a Scotchman, and when he came back he said, He found all he bid him go and tell bis master, that be VOL, XIJI.

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