385. The Trial of Sir WILLIAM PARKINS, 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. 0 yes, 0 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. of Ar. Middlesex. Cryer, make proclamation. Cryer. 0 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 Easts 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, so1.6, p. 879; of Whitebread and others, vol. 7, I). 311 ; of Dammaree and others, A. D. 1710, mad of Deacon, A. D. 170. 4 Then the Jury that were returned in the panne! 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. Cl. of Ar. Set sir William Parkyns to the bar. (Which was done.) Sir William Par"- kyns, hold up thy hand. Parkyns. My lord, if you please, I humbly beg the favour of one word before I am arraigned. My wife corning to see me in my distress, sent up a trunk of linen fir 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 Trumballs office, and when we came there, there was atrunk 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 wn know of it. 65] fur High Treason* L. C. J. Holt. Where was this trunk seized ? Sh. Buckingham. We found it in the secretarys 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. L. C. J. Look ye, sir William larkyns, your trunk was seized, I suppose, in order to search for papers. Parkyns. Yes, I believe it was ; but I hope it shall be delivered hack now they hare found nothing in it, and I have nothing else to subsist upon but what is there. L. C. J. Is there any plate there? What is there in the trunk ? Sh. Buckingham. There is some diaper and damask linen, a carpet and some pieces of plate, two or three hundred ounces of plate, for ought I know. We had it from the Secretarys office ; we did not seize it. [Then the Judges consulted among themselves.] L. C. He ought to have his plate to sell, to support him that he may have bread. Parkyns. Will your lordship please to direct the sheriff to deliver it back ? L. C. J. Well, some care or ether shall be taken in it. Parkyns. My lord, I have mottling to subsist upon, unless I can make something of what is there: I have a wife and four children, and nothing to subsist upon. L. C. J. Let your wife make application for it at the Secretarys, it cannot now be done here. Why did you not make complaint of it before? If you had, care had been taken in it. Parkyns. I was told there was a petition ; for, my lord, I was a close prisoner, and they told me there was a petition ; but my wife never mentioned any thing of it to me till afterwards; and they talked of an order of council that they had for the sheriffs seizing it ; but when I came to enquire into it, there was no order about it, but only to search and examine it. L. C. J. Well, some order shall be taken about it. Sh. Buckingham. My lord, we have given a receipt to the Secretary for it. L. C. J. But he must have wherewithal to subsist and buy him bread while he is in prison. Sh. Buckingham. My lord, I see Mr. Bur- leigh there, who was sir John Freinds soli- cite- ; I would humbly. move your lordship that it may be inquired into, how he came by the panne! of the jury yesterday ? For it seems to reflect; upon us, as if we had given the prisoner a wrong pannel. Just. Rokeby. No, I think there can be no reflection upon you ; but I think it would be very proper to have the matter examined. L. C. J, Ay, let Burleigh come in. [Which be did.] Pray, how came you by the pannel which you gave to sir John Freind ? Burleigh. My lord,, I had three several co-VOL. XIII, - A; D. 1698. [63 pies sent me by sir John Freinds friends to the Horn tavern about three or four oclock, and I delivered one of them to sir John Freind ; but he had one before I delivered mine. L. C. J. Who sent them to you, or brought them to you ? Burleigh. I had them brought to me by a porter. Mr. Baker. You know you might have had it from the proper officer, for asking. Burl. I had them brought me from Sir John Freinds friends. L. C. J. Can you tell who had it from the sheriff? Burl. 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. Sh. Buck. 1 do know you, and would have you be fair in your practice. Baker. The inquiry is made, because a false copy is put upon him ; you might have had a true copy if you had applied yourself right. Burl. I sent to Mr. Farringdon for it. L. C. J. The sheriff delivered it the secondary, who is the proper officer. Just. Rokeby. Sir John Freind said he had it from him yesterday. Burl. But he had one before; how be came by it, I cant tell ; nor whence those came that were brought me in. Just. Rokeby. If you will not take care to go to the right place, it is nobodys fault but your own, if you suffer by it. Burl. I was with my lady, and delivered a petition for this trunk. L. C. J. 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 shalt ; but go on now to arraign the prisoner. Cl. of Arr. 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 public and most sharp and cruel war, for a long time hath been, arid yet is, 537 sea and by land, had, carried on, and pro- secuted by Lewis the French king, against the most serene, most illustrious, and most excellent prince,-our sovereign lord William the 3d, 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 traitor against the sai4 G7;] 8 WILLIAM III. Trial of Sir William Parkyns, [GS 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.aove- reign 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 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, de- Vilishly and traitorously 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 murder ; 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...
