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england_n	aforesaid_a	king_n	lord_n	5,125	5	4.5369	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B17222	The arraignment, tryal, and condemnation of Sir William Parkins Knt. for the most horrid and barbarous conspiracy to assassinate His Most Sacred Majesty King William, and for raising of forces in order to a rebellion, and encouraging a French invasion into this kingdom: who was found guilty of high-treason, March 24 1695/6 at the Sessions-House in the Old-Baily: together with a true copy of the papers delivered by Sir William Parkins, and Sir John Friend to he sheriffs of London and Middlesex, at the time of their execution.	Parkyns, William, Sir, 1649?-1696.; Friend, John, Sir, d. 1696.; England and Wales. Court of Quarter Sessions of the Peace (Middlesex)	1696 (1696)	Wing A3760; ESTC R11595	77,090	51

Mr. Sh. Buckingham I do know you and would have you be fair in your Practice Mr. Baker 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 Burleigh I sent to Mr. Farringdon for it L. C. Just Holt. The Sheriff delivered it the Secondary who is the proper Officer Mr. J. Rokeby Sir John Friend said he had it from him yesterday Burleigh But he had one before how he came by it I can't tell nor whence those came that were brought to me Mr. J. Rokeby 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 Burleigh I was with my Lady and delivered a Petition for this Trunk L. C. Just Holt. 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 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 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 Parkyns Not Guilty Cl. of Arr. Culpritt How wilt thou be Tryed Parkyns By God and my Country Cl. of Arr. God send thee good Deliverance Parkyns My Lord If your Lordship pleases to favour me with a Word or two L. C. Just Holt. Aye What say you Sir Parkyns My Lord I have been kept in hard Prison ever since I was Committed no Body has been suffer'd to come to me till Fryday last then my Counsel came to me and being charg'd with many Facts as I see in this Indictment it will be necessary to have divers Witnesses to clear my self of these Particulars they are dispers'd up and down and I have had no time to look after them and therefore I beg your Lordship to put off my Tryal till another Day L. C. J. Holt. When had you first notice of your Tryal Parkyns The first Notice of my Tryal was on Wednesday last in the Afternoon L. C. J. Holt. That is a sufficient time of Notice sure you might have provided your Witnesses and prepar'd for it by this Time Parkyns 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 L. C. J. Holt. What Witness do you want Sir William Parkyns 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 L. C. J. Holt. When had he Notice of his Tryal Mr. Baker On Wednesday I told him that he must expect to be try'd this Day and withal that if

about that they were all well inclined to Sweet 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 Mr. Mountaigne What did he say of the North and West Sweet He said that the West was as well inclined to the King's Interest as the North. Mr. Att. Gen. What did he say before he went Sweet He told me he was to go into Leicester-Shire to meet some of the King's Friends Parkyns Pray Recollect your self and consider what you say Sweet He said some Gentlemen Rid as far to meet him as he did to meet them Mr. Att. Gen. Was that the time he talk'd about the Troop Sweet No that was before this time I cannot remember the particular time it was at his own House and Captain Sindamore was with him Mr. Att. Gen. When was the Discourse about King James's Landing Sweet 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 Mr. Att. Gen. What did he say about preparation for it Sweet He said his own Troop was to consist of Old Soldiers L. Ch. Just Holt Did he tell you he had a Troop Sweet I speak his own Words he said my Troop consists of all Old Soldiers L. Ch. Just Holt Was it consists or will consist though I think there may be no great matter of difference in this case Parkyns Yes my Lord but there is a great deal sure for will consists shews nothing yet done and all is but Words L. Ch. Just Holt Sweet Answer to Sir William Parkyns's Question Sweet I tell your Lordship I repeat his own Words my Troop consists or is composed of all Old Soldiers Mr. Cowper What did he say of Voluntiers Sweet He said there were some Gentlemen that would go along with him as Voluntiers that had been Old Officers Mr. Cowper Pray let me ask another Question when he Discoursed of the present King by what Name did he use to speak of him Sweet He called him by the Name of the Prince of Orange Parkyns 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 L. Ch. Just Holt Consider and answer the question what did he use to call him Sweet 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 Parkyns Did you ever hear me call him Prince of Orange since he was King L. Ch. Just Holt Look ye Sir how long have you been acquainted with him Sweet About Three years my Lord. L. Ch. Just Holt Well that is long since his Majesty was declared King have you ever heard Sir William Parkyns call this King Prince of Orange Sweet I am not positive in that but I understood he did not allow him to be King Mr. Sol. Gen. You frequently discoursed with him about the Government it seems pray what did he use to call him Sweet I have heard him call him King William and the little Gentleman Parkyns 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 L. Ch. Just Holt Did you ever hear him call him otherwise than King William He paused a while L. Ch. Just Holt Pray speak the truth and no more Sweet I have heard him call him Prince of Orange L. Ch. Just Holt But you have heard him call him King William too Mr. Sweet Yes Mr. Cowper But pray when he spoke of the King what King did you understand by it Sweet I used to understand King James Parkyns What is that to me what he understood L. Ch. Just Holt 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 Parkyns No nor by King James neither L. Ch. Just. Holt Why then should you concern your self for the King's Friends in the West and the North Parkyns 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 Mr. Att. Gen. Pray Sir when was it that Sir William Parkyns spoke about the King's Landing Sweet It was about Christmas he said he believed he would Land Parkyns Did I tell you positively it would be so then Mr. Att. Gen. He tells you he said you did believe it for you had it from his own Mouth Parkyns 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 Mr. Sol. Gen. 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 L. Ch. Just Holt 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 Parkyns 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 L. Ch. Just. Holt But he was bid by the Man that lodged at the Confectioners to tell his Master that he would stay within for him Parkyns That might be Mr. Charnock for he was his Servant once L. Ch. Just. Holt But he says he carry'd the Message to you and you receiv'd it Well have you any more to say Parkyns My Lord I think there is but one positive Evidence of any one Overt-Act L. Ch. Just. Holt 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

guilty upon slight Grounds and Imaginations of which little or nothing can be made L. C. J. Holt. No question of it it will please the King and every body else that you should be found Innocent Parkyns .. 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 L. C. J. Holt. 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 Parkyns Here are two Species of Treason Leying War is one Specie and Assassination is another L. C. J. Holt. Your Design was Originally the Restoring of King James and in order to that the Dethroning of King William Parkyns That appears but by one Witness which is not according to Law which requires two L. C. J. Holt. One way of effecting your Design was by Assassination the other by Invasion or by Force Parkyns Still my Lord here is the same Witness and that is but one L. C. J. Holt. Yes there are two Parkyns None but Capt. Porter L. C. J. Holt. What not as to the Restoring of King James which tends to the Dethroning King William Parkyns In what Particulars my Lord L. C. J. Holt. 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 Parkyns It was my Opinion that 's all L. C. J. Holt. But you said you had his word for it Parkyns 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 L. C. J. Holt. And then your buying of Saddles for what purpose were they Parkyns 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 L. C. J. Holt. 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 Parkyns Still there is nothing done he does not say there was one Man raised L. C. J. Holt. And your going into Leicestershire upon such an Errand as you told him you went upon Parkyns Well my Lord I must leave it to your Lordship I hope you will consider well of it L. C. J. Holt. We must do that which is right between the King and his Subjects Parkyns 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 L. C. J. Holt. 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 Parkyns 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 L. C. J. Holt. I have told you my Opinon Parkyns 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 L. C. J. Holt. I have known you heretofore Sir William while you kept your Profession and your Gown Parkyns 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 L. C. J. Holt. I tell you You have had my Opinion cocerning the number of Witnesses I suppose my Lord and Borther will declare theirs L. C. J. Treby 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

for the satisfaction of all others that hear this Tryal 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 Ingaging 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 Ingaged in the facilitating the Landing of the French and King James his Descent and Restauration 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 Exercrable 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 Disappointment 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 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 ask'd what Condition he had left his Family in whether he had provided them Money He said No and thereupon new as 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 possitively proved by two Witnesses Captain Porter tells you That the Prisoner was at the two Meetings in Leaden-hall-street and St. James's street where it was expresly resolved by all that were present and the Prisoner among the rest to send Chernock 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 so 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 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 politick 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 William Parkyns told him he would undertake This Journey it is proved by his Servant 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 Name 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 this Servant of his that went with him into Leicestershire had been formerly Chernock's Servant and was sent by Chernock 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 Confectioners House and when he had so done that the Person that Lodged at the Confectioners did not remit him to Chernock but to his Master Sir William Parkyns with a Message that he would be at Home and stay there ready whenever he should have occasion for him and this was upon the very Saturday the King was to have been Assassinated 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 Chernock 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 he found them it now appears they were clean and new-furbish'd Arms and the Hilts were off the Swords and pack'd together My Lord he has Recourse to another Argument 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