Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	french_a	king_n	prisoner_n	2,998	5	8.6314	4	false

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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

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 pittied himself and not engaged in such an Abominable and Merciless a Design That he should have had Pity upon his Countrey 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 whole Design was frustrated My Lord This is the Sum I think of his Defence I have as well as I 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 your Selves Justice and that is all we ask of you L. C. J. H. Gentlemen of the Jury Sir William Parkyns is Indicted of High Treason for Designing Imagining and Compassing the Death of the present King There have been several Witnesses produced that have given Evidence upon this Indictment The first of them is Mr. Porten who has been a Witness heretofore against several upon the like Occasion and he gives you this Account That about 〈…〉 of May o● the beginning of June last there was a meeting of diver Persons at the 〈…〉 ngs-Head Tavern in Leaden-Hall-street in the City where they dined together and there was Sir William Parkyns Captain Porter himself Sir John Fenwick Sir John Friend 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 Ten Thousand Eight Thousand Foot One Thousand Horse and One Thousand Dragoons And that a Message should be sent over to King James to perswade him to sollicit the French King to furnish him with such a Number of Men to be sent over into England Mr. Chernock that was then in the Company and was the Person agreed upon among them to be the Messenger to be sent upon this Errand which Imployment he did undertake upon their Promise that they would raise among themselves Two Thousand Horse for to meet the late King at his Landing This being at that time determined and Mr. Chernock having accepted this Imployment 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. Chernock with that Message to which they all agreed that Mr. Chernock should go and he accordingly went and Captain Porter met him about five or six Weeks after the Meeting at Mrs. Mountjoy's and Chernock told him he had been in France and that since his return 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 then spare them or furnish him with so many to come over here This is the first matter that Porter gives you an account of But then Captain Porter tells you further 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 Barckley was sent over with a Commission from the late King James which seems to have given great incouragement to that Party of Men for Sir George Barckley Captain Porter and Sir William Parkyns with divers others had several Meetings at the Globe Tavern in Hutton Garden the Nags Head Tavern in Covent Garden the Sun Tavern in the Strand and other places And at these Meetings they entred into Consideration what was the best way to Restore the late King James to the Throne and it was agreed among them 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 askt 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 William Parkyns said he thought it was very necessary to be done to facilitate the Restoration of the late King Gentlemen This Design of the 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 Nags Head Tavern according to agreement where were met together Sir George Barckley Mr. Chernock and the Prisoner at the Bar Sir William Parkyns And there they made their Report done of their view of the Ground and 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

King would Land and that he had a Troop which consisted of such Soldiers then these Arms being found in that manner I must leave to your Consideration whether it is not a Proof for what purpose he did provide them and to what Use he intended to put them especially since he gives you no Account what Use or Occasion he had for them He says indeed he found them in the house two years ago how probable that is you may consider Then there is another thing his going into Leicestershire with Scudamore and his meeting there with Yarborough and other People in that private and hasty manner He went out on the Thursday and come home again upon Monday Night and then he meets with Sweet and tells him that all was well and the West was as well inclined to the King's Interest as the North What King must he mean he had no Commission from King William to go into Leicestershire to discourse with People to see how they stood affected to his Interest Sweet comes and tells you that when Sir William Parkyns spoke of the King he understood he meant King James I must leave it to your Consideration how you will interpret these Words It is true Gentlemen it is not fit there should be any strain'd or forc'd Construction put upon a Man's Words or Actions when he 's Tryed for his Life You ought to have a full and a satisfactory Evidence to convince you that he is Guilty before you pronounce him so but however you are to consider the Nature of things and the Circumstances that attend them If you can suppose that he went into Leicestershire to King William's Friends and that he was of Opinion the West was as well Affected to King William as the North then you make a different Construction from Sweet who tells you that always when he spake of the King he understood it of King James and at Christmas when he spoke of the King 's Landing it must be meant King James for King William was here before and he pretends not he had any Authority to Raise a Troop for King William So that Gentlemen I must leave it to you upon the whole matter if you are satisfied that Sir William Parkyns is Guilty of the Matters of which he stands Charged you will find him Guilty you have heard the Evidence and will consider of it if upon the whole you are not satisfied that he is Guilty of the Matters Charged in this Indictment then you are to acquit him Then an Officer being Sworn to keep the Jury according to the Custom they withdrew to consider of their Verdict and in less then half an Hour returned again into Court Cl. of Arr. Gentlemen of the Jury Answer to your Names William Northey Mr. Northey Here c. and so of the rest Cl. of Arr. Are you all agreed on your Verdict Jury Yes Cl. of Arr. Who shall say for you Jury Our Foreman Cl. of Arr. Sir William Parkyns hold up thy Hand which he did Look upon the Prisoner how say ye is he Guilty of the High-Treason whereof he stands Indicted or not Guilty Foreman Guilty my Lord. Cl. of Arr. What Goods or Chattels Lands or Tenements had he at the time of the High-Treason committed or at any time since Foreman None to our Knowledge Jaylor Look to him he is found Guilty of High-Treason Cl. of Arr. Then hearken to your Verdict as the Court hath Recorded it You say Sir William Parkins is Guilty of the High Treason whereof he stands Indicted but that he had no Goods or Chattels Lands or Tenements at the time of the High Treason Committed or at any time since to your Knowledge and so you say all Jury Yes Cl. of Arr. Gentlemen the Court Discharges you and thanks you for your Service While the Jury was withdrawn to consider of the Verdict Sir John Friend was brought from Newate to the Bar in order to his being called to Judgment and after the Verdict he Addrest himself to the Court thus Friend My Lord I humbly beseech your Lordship to give leave to Read this Paper To which the Court gave no Answer Frind My Lord will your Lordship give me leave to Read it L. C. J. H. Ay if you will Reads Friend My Lord I humbly move in Arrest of Judgment that I am not Convicted of Treason by Two Witnesses as I ought to have been within the Stat. of 25 Ed. 3. for Mr. Porter swears that I with others in May or June last sent to the French King to Invade England he is the only Witness to that matter Mr. Blaire swears that I shewed him a Commission in Surry-street about 2 Years since Sign'd by King James and Countersign'd Melfort to be a Colonel of Horse and that I gave him some Moneys for the Cherishing of the Men. My Lord here is no Levying of War Sworn by Mr. Blair and Conspiring to Levy War not being Treason I am Convicted by one Witness and therefore I pray Councel may be Assigned me to plead this matter L. C. J. H. Sir John Friend that which you move now is not in Arrest of Judgment it is matter that does arise upon the Evidence and what you now say Arraigns the Verdict and the Proceedings upon your Tryal There were Two Witnesses against you that it is plain You were not Indicted for Levying of War but for Compassing and Imagining the Death of the King and we told you the design of the Invasion and Conspiring to Depose the present King and Restore the late King was an Overtact of that High Treason The Commission was not so much stood upon but the Advanceing Moneys upon this Account to Blaire your Lieutenant Colonel to give to the Men that was a plain Overt Act and so there were certainly Two Witnesses against you Friend My Lord I hope I can clear my self I thank God I am as Innocent as the Child un-born of the Assassination of the King I would not have the People think that I am such a Man L. C. J. H. But you remember it was sworn you knew of it and we have told you that the design of Restoring the late King by Force and Deposing the King are Overt Acts of imagining his Death if such an Intention be proved as it was in your Case and the Jury have found it so Friend My Lord I humbly beseech you because I do not understand matter of Law and am advised to move this in Arrest of Judgment I desire my Councel may be heard to it L. C. J. H. We cannot hear Councel but upon a matter that arises upon the Record it self that is the Indictment We cannot enter into any Examination of this matter that you now speak off you had a long Tryal Yesterday Friend My Lord I am sorry to give your Lordship any occasion of trouble but I humbly beseech you if it may be that I may be heard by my Councel for the satisfaction of the World pray my

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