they join in their prayers for the present government or no; his conscience that scruples the taking the oaths, might scruple that too; but whether sir John Freind's being a Protestant, and his declaring he would never be in a plot, be a sufficient proof, that therefore he never was in one; and that his former discourse of that kind should discredit these witnesses, that have sworn he has been so much concerned in a Plot, you are to consider; and comparing the weight and nature of the evidence on the one side, and the other, it must be left to your determination.

Gentlemen, the evidence you have heard what it is, you may consider the weight of it, and the circumstances that do attend it; and likewise the answers that have been given by the prisoner to invalidate that evidence, and to prove the improbability of what they have testified against him. You have heard, I say, the evidence on the one side, and on the other:

If

numbers with force to make some reformation of their own beads, without pursuing the methods of the law, that is a levying of war, and treason, but the purposing and designing it is not so. But if there be, as I told you, a purpose and design to destroy the king, and to depose him from his throne, or to restrain him, or have any power over him, which is proposed or designed to be effected by war that is to be levied, such a conspiracy and consultation to levy war, for the bringing this to pass, is an overt. act of high-treason. So that, Gentlemen, as to that objection, that he makes in point of Then there is another thing that he did in-law, it is of no force, if there be evidence sufsist upon, and that is matter of law. The ficient to convince you, that he did conspire to statute of the 25th Ed. 3, was read, which is levy war for such an end.* the great statute about treasons; and that does contain divers species of treason, and declares what shall be treason. One treason is the compassing and imagining the death of the king; another is the levying of war: Now, ays be, here is no war actually levied; and a bare conspiracy or design to levy war does not come within this law against treason. Now for that, I must tell you, if there be only a you are not satisfied, that what the witnesses conspiracy to levy war, it is not treason: but have sworn is true, that sir John Freind did if the design and conspiracy be either to kill the engage in such a design for such a purpose, king, or to depose him, or imprison him, or put then you are to acquit him; but on the other any force or restraint upon him, and the way side, if you believe that sir John Freind is and method of effecting of these, is by levy-guilty of what the witnesses have deposed ing a war, there the consultation, and the Conspiracy to levy a war for that purpose, is high-treason, though no war be levied: For such consultation and conspiracy is an overtact proving the compassing the death of the king, which is the first treason mentioned in the statute of the 25th of Ed. 3. For the words of that statute are; That if any man shall compass or imagine the death of the king.' Now because a man designs the death, deposition or destruction of the king, and to that design, agrees and consults to levy war, that this should not be high-treason, if a war be not actually levied, is a very strange doctrine, and the contrary has always been held to be law. There may be a war levied without any design upon the king's person, or endangering of it; which, if actually levied is high-treason; but a bare designing to levy war, without more, will not be treason. As for example; if persons do assemble themselves, and act with force in opposition to some law, which they think inconvenient, and hope thereby to get it repealed; this is levying a war and treason, though purposing and designing it is not so: So when they endeavour in great

verdict, and an officer was sworn to keep them according to law, till agreed; and about a quarter of an hour afterwards they returned into court, and the prisoner was brought to

the bar.

Clerk of Arr. Gentlemen, answer to your
Thomas Clark-

names.

Mr. Clark. Here. (And so did all the rest of the twelve.)

Cl. of Arr. Gentlemen, are you agreed of your verdict?-Jury. Yes.

Cl. of Arr. Who shall say for you?
Jury. Our foreman.

Cl. of Arr. Sir John Freind, hold up thy hand, (which he did). Look upon the prioner: how say ye, is he Guilty of the hightreason whereof he stands indicted, or Not Guilty? Foreman. Guilty, my lord.

| John Freind is guilty of the high-treason
whereof he stands indicted, but that he had no
goods, nor chattels, lands nor tenements, at
the time of the high-treason committed, or at
any time since, to your knowledge.
L. C. J. Discharge the jury.

Cl. of Arr. Gentlemen, the court discharges
you, and thanks
you for
your service.
L. C. J. Then we had best to adjourn the
court till to-morrow morning.

Cl. of Arr. Cryer, make proclamation. Cryer. 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 Gaol-delivery of Newgate, holden for the city of London and county of Middlesex, may depart hence for this time, and give their attendance here again to-morrow morning at

Cl. of Arr. What goods or chattels, lands or tenements had he at the time of the high-seven o'clock; and God save the King. treason committed, or at any time since? Foreman. None, to our knowledge.

L. C. J. Jailor, look to him, he is found

Then the prisoner was carried back to Newgate, and was brought the next day to the bar to offer what he had to say for stay of judgCl. of Arr. Then hearken to your verdictment; and afterwards received sentence of as the court has recorded it. You say that sir death as a traitor.

guilty of high-treason.

385. The Trial of Sir WILLIAM PARKYNS, knt. at the Old-Bailey, for High Treason: 8 WILLIAM III. A. D. 1696.*

Tuesday, March 24, 1696.
THIS day the Trial of Sir William Parkyns,
knt. came on at the Sessions-House, Old-
Bailey, for High-Treason.

Cl. of the Ar. Cryer, make Proclamation. Cryer. O yes, O yes, 0 yes. 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 Gaol-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.

Ci. of Ar. Middlesex. Cryer, make proclamation.

Cryer. O yes, 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.

* See East's Pleas of the Crown, chap. 2, sect. 8, 9, and the authorities there cited. See too, in this Collection, the cases of sir Henry Vane, vol. 6, p. 119, of Messenger and others, vol.6, p. 879; of Whitebread and others, vol. 7, p. 311; of Dammaree and others, A. D. 1710, and of Deacon, a. D. 1746.

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.

bar.

Cl. of Ar. Set sir William Parkyns to the (Which was done.) Sir William Parkyns, hold up thy hand.

Parkyns. 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 linen for our use, and the sheriffs of London have seized it, and do detain it. It has linen 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, nobody will pay us a farthing.

Mr. Sheriff Buckingham. 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 linen, 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,

L. C. J. Holl. Where was this trunk | pies sent me hy sir John Freind's friends, to the seized:

Horn tavern about three or four o'clock, and Sh. Buckingham. We found it in the secre- ! delivered one of them to sir John Freindi tary's office, and it was delivered to us there, but he had one before I delivered mine. and we gave a receipt for it to bring it down L. C. J. Who sent thein to yoii, or brought again when called for; we did not seize it.

them to you? L. C. J. Look ye, sir William Parkyns, Burleigh. I had them brought to me by a your trunk was seized, I suppose, in order to porter. search for papers.

Mr. Baker. You know you might have had Parkyns. Yes, I believe it was; but I hope it from the proper officer, for asking. it shall be delivered back now they have found Burl. I had them brought me from Sir nothing in it, and I hare nothing else to sub- John Freind's friends. sist upon but what is there.

L. C. J. Can you tell who had it from the L. C. J. Is there any plate there? What is sberiff ? there in the trunk?

Burl. My lord, I know not: I had three Sh. Buckingham. There is some diaper and copies sent me in a quarter of an hour's time; damask linen, a carpet and some pieces of whence they came, I know not; the sheriff plate, two or three hundred ounces of plate, for knows me, and every body else. ought I know. We bad it from the Secretary's Sh. Buck. I do know you, and would have office; we did not seize it.

you be fair in your practice. [Then the Judges consulted anong them- false copy is put upon bim; you might have

Baker. The inquiry is made, because a selves.]

had a true copy if you had applied yourself L. C. J. He ought to have his plate to sell, right. to support him that he may have bread.

Burl. I sent to Mr. Farringdon for it. Purkyns. Will your lordship please to direct L. C. J. The sheriff delivered it the se. the sheriff to deliver it baek ?

condary, who is the proper officer. L. C. J. Well, some care or other shall be Just. Rokeby. Sir Jöbn Freind said he had taken in it.

it from him yesterday. Par kyns. Bly lord, I have nothing to subsist Burl. But he had one before; how he upon, unless I can make something of what is came by it, I can't tell ; nor whence those there: I have wife and four children, and no- came that were brought me in. thing to subsist upon.

Just. Rokeby. If you will not take care to L.C. J. Let yonr wife make application for go to the right place, it is nobody's fault but it at the Secretary's, it cannot now be done your own, if you suffer by it. here. Why did you not make complaint of it Burl. I was with my lady, and delivered betore? If you had, care had been taken in it. a petition for this trunk.

Purkyns. I was told there was a petition ; L. C. J. But it seems it was under the for, my lord, I was a close prisoner, and they conizance of the secretary, and direction was told me there was a petition ; but my wife given to go thither : some care or other must never mentioned any thing of it to me till af- be taken in it, and shall; but go on now to arterwards ; aud they talked of an order of coun-raign the prisoner. cil that they had for the sheriff's seizing it ; but when I came to enquire into it, there was Cl. of Arr. Hold up thy hand. (Which he no order about it, but only to search and exa- did.) Thou stanilest indicted in Middlesex by

the name of sir William Parkyns, late of the L. C. J. Well, some order shall be taken parish of St. Paul Corent-Garden, in the

county of Middlesex, kt. For that, Whereas Sh. Buckingham. My lord, we have given a an open, and notoriously public and most sharp receipt to the Secretary for it.

and cruel war, for a long time hath been, and yet L. C. J. But he ruust have wherewithal to is, by sca and by land, had, carried prosubsist and buy in bread while he is in secuied by Lewis the French king, against the prison.

most serene, most illustrious, and most excelS. Buckingham. Diy Lord, I see Mr. Bur- lent prince, our sovereign Jord William the 3d, leigh there, who was sir John Freind's soli- by the grace of God, of England, Scotland, citor; I would humilly move your jordship France, and Ireland, king, defender of the that it may be inquire into, how he came by faith, &c. During all which time, the said the pannel of die jury yesterday ? For it seems Lewis the French king and his subjects were, to reflect upon us, as it we had given the pri- and yet are enemies of our said lord the king soner a wrong pannel.

that now is, and his subjects, You the said sir Just. Rokeby. A, I think there can be no Willian Parkyns, a subject of our said sovereflection upon you; but I think it would be reigu lord the king that now is of this kingdom Very proper to há ethe matter examine.i. of England, well knowing the preinises, not

L.C.T. Ay, let Burleigh come in. (Which having the fear of God in your heart, nor be did.} Pray, how canie vyu by the pannel weigting the duty of your allegiance, but you gale to sir Jolin Fieind?

being moved and seduced by the instigation of Burleigh. My lord, I bad three several co- the devil, as a false traitor agaiust the said

F

:

mine it.

about it.

on, and

VOL. XIII.

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; relord 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 traitors, the same first day of July, in the year abovesaid, at the parish aforesaid, in the county aforesaid, traitorously you did consuit, consent, and agree to send the aforesaid Robert Charnock as a messenger from you the said sir Wm. Parkyns, aud the same other traitors unknown, as far as, and into the kingdom of France, in parts beyond the seas, to James the 2d, 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 traitorous 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 the said things, particulars, and circumstances thereunto relating; as also intelligence from them of the late intended in

most serene, most clement, and most excellent prince, our said sovereign lord William the 3d, 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, hap-bellion and war against him our said sovereign pily 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 7th 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, falsely, maliciously, devilishly and traitorously did compass, imagine, contrive, purpose, design and intend our said sovereign lord the king that now is, then your supremie, true, natural, rightful, and lawful sovereign lord, of aud 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 murder; and the aforesaid Lewis the French king, by his armies, soldiers, legions, and subjects, this kingdom of Eng-vasion, and other things and circumstances Jand 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, traitorously 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 traitor, during the war aforesaid, to wit, the same 1st 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, falsely, maliciously, advisedly, secretly, and traiterously, and with force and arms, with one Robert Charnock, (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 traitors,

concerning the premises to receive, and them to you the said sir William Parkyns, and the said other traitors 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 traitorous 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 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, falsely, maliciously, advisedly, secretly, traitorously and with force and arms, with the aforesaid Robert Charnock, and very many other false traitors 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, kill and murder; and that execrable,

a

abominable and detestable assassination and dom then expected to be shortly made, themkilling the sooner to execute and perpetrate, selves, together with you the said sir William afterwards, to wit, the same day and year, Parkyns, to join and unite, and into troops and there traitorously you did treat, propose and legions to form, you did levy, list, and retain, consult with those traitors, of the ways, and did procure to be levied, listed and retained; methods, and means, and the time and place and those soldiers and men for the treasons, where, when, which way, and how our said intentions and purposes aforesaid, then and sovereign lord the king, so by lying in wait, there, and afterwards in readiness you had, the sooner might be killed and slain ; and did against the duty of your allegiance, and against consent, agree and assent with the same traitors, the peace of our said sovereign lord the king that forty borsemen or thereabouts of those that now is, bis crown and dignity; as also traitors, and others by them and you the said against the form of the statute in this case sir William Parkyns to be hired, procured and made and provided. paid, with guns, carbines and pistols with gun- How sayest thou, sir William Parkyns, Art powder and leaden-bullets charged, and with thou Guiliy of this high treason whereof thou swords, rapiers and other weapons armed, standest indicted, or Not Guilty ? should lie in wait and be in ambusbour said Purkyns. Not Guilty. lord the king in his coach being when he Cl. of Ar. Culprit, low wilt thou be tryed ? should go abroad, to attack; and that a certain Parkyns. By God and my country: and competent number of those men so armed, Cl. of Ar. God send thee good deliverance. should set upon the guards of our said lord the Parkyns. My lord, If your lordship pleases king then and there attending him, and being to favour me with a word or two. with bim, and should over-power and fight L. C. J. Aye, what say you, sir? with them, whilst others of the same men so Parkyns. My lord, I have been kept in bard armed him our said lord the king should kill, prison ever since I was committed, nobody has slay, and murder; and that you the said sir been suffered to come to me till Friday last, William Parkyns, then and there did take then my counsel came to me; and being upon you to provide five horses for those charged with many facts as I see in this indictmen which should so kill and murder our ment, it will be necessary to bave divers wit. said sovereign lord the king; and also that nesses to clear myself of these particulars; you the said sir William Parkyns, your trea- they are dispersed up and down, and I have sons, and all your traiterous intentions, designs had no time to look after them, and therefore I and contrivances aforesaid to execute, perpetrate, beg your lordship to put off my trial till anofulfil and bring to effect, afterwards, to wit, the ther day. day and year last abovesaid, at the parish afore- L. C. J. When had you first notice of your said, in the county aforesaid, divers horses, and trial? very many arms, iguns, carbines, rapiers and Parkyns. The first notice of my trial was on swords, and other weapons, ammunition and Wednesday last, in the afternoon. warlike things, and military instruments, falsely, L. C. J. Tbat is a sufficient time of notice; maliciously secretly, and traiterously did obtain, sure you might have provided your witnesses, buy, gather, and procure; and to be bought, ob- and prepared for it by this time. tained, gathered, and procured did cause, and in Parkyns. But, my lord, being kept so close your custody had and detained, with that inten- prisoner, I bad no opportunity for it; for it tion them in and about the detestable abominable was not possible for me to get any body to come and execrable assassination, killing, and mur- to me till Friday noon, not so much as my der of our said lord the king, and the invasion counsel, and then there was but two days, aforesaid, as aforesaid, to use, employ and be- Saturday and Monday, (Sunday is no day for stow; and also your treasons and all your trai- any business) and it is impossiūle for me to be torous intentions, purposes, and contrivances ready in the manner that 'I ought to be. It is aforesaid to execute, perpetrate, fulfil and fully a perfect distress and hardship upon me, to be bring to effect, you the said sir Williarn Par- put so soon upon my trial without my witnesses, kyns , afterwards, to wit

, the day and year last and what should enable me to make my defence; aboresaid

, at the parish aforesaid, in the county therefore I humbly intreat your lordship to put aforesaid, falsely, maliciously, advisedly, it off till another day. secretly and traivorously, divers soldiers and L. C. J. What witness do you want, sir men armed, and ready to be armed, after the William? said detestable, abominable and execrabie assas- Purkyns. I have divers witnesses, my lord, sination, killing, and murder of our said sove- that can give an account wbere I was from reigo lord the king so as aforesaid should be time to time; but they are many of them out done perpetrated and comhuitted, to rise and of town,

and I have sent about every way, but muster, and war and rebellion within this cannot get them together in so short a time. kingdom of England to make and wage, and L. C. J. When had be notice of his trial? with the enemies of our said lord the king, Mr. Baker. On Weduesday I told him, that foreigners and strangers, subjects and soldiers he must expect to be tried this day, and witbal, of the said Lewis the French king, being

about that

if he would name me any counsel that he to invade this kingdom of England, at and

would bave come to him, he should have an upou their invasion and entrance into this king- order next morning for them.