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 beir invasion and entrance into this kingdom of England, to join and unite; re 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 forther, 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 consult, consent, and agree to send the aforesaid Robert Charnock as a messenger from you the said sir Wm. Parkyns, and 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 Sd, 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 coutriving, 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 sanie our sovereign lord the king to death and final destruction to put and bring; and his faithfu! 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 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 Eng-vasion, and other things and circumstances land to invade, fight with, conquer, and subduc, 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 assassi nate, kill and murder; and that execrable, dom then expected to be shortly made, themselves, together with you the said sir 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 bad, against the duty of your allegiance, and against the peace of our said sovereign lord the king that now is, his crown and dignity; as also against the form of the statute in this case made and provided. How sayest thou, sir William Parkyns, Art thou Guilty of this high treason whereof thou standest indicted, or Not Guilty? Purkyns. Not Guilty. Cl. of Ar. Culprit, how wilt thou be tryed? Cl. of Ar. God send thee good deliverance. Parkyns. My lord, If your lordship pleases to favour me with a word or two. L. C. J. Aye, what say you, sir? Parkyns. My lord, I have been kept in bard prison ever since I was committed, nobody has been suffered to come to me till Friday last, then my counsel came to me; and being charged with many facts as I see in this indict. ment, it will be necessary to have divers witnesses to clear myself of these particulars; they are dispersed up and down, and I have had no time to look after them, and therefore 1 beg your lordship to put off my trial till another day. abominable and detestable assassination and killing the sooner to execute and perpetrate, afterwards, to wit, the same day and year, there traitorously you did treat, propose and consult with those traitors, 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 traitors, that forty horsemen or thereabouts of those traitors, and others by them and you the said sir William Parkyns to be hired, procured and paid, with guns, carbines and pistols with gunpowder 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 traiterous 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, falsely, maliciously secretly, and traiterously 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, killing, 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 traitorous 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, falsely, maliciously, advisedly, secretly and traitorously, 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, Mr. Baker. On Wednesday I told him, that foreigners and strangers, subjects and soldiers he must expect to be tried this day, and withal, 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 have come to him, he should have an upon their invasion and entrance into this king-order next morning for them. L. C. J. When bad you first notice of your trial? Parkyns. The first notice of my trial was on Wednesday last, in the afternoon. L. C. J. That is a sufficient time of notice; sure you might have provided your witnesses, and prepared 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, (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 trial 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. 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. When had he notice of his trial? L. C. J. You were told, it seems, on Wednesday that you might have what counsel you would. Mr. Baker. And he had an order upon Thursday morning for his counsel. Purkyns. I could not have it without application to the court at Whitehall, and could have nobody to come to me till Thursday, and it was Friday before I could get my counsel to me. L Č. J. You might have sent for your wit nesses on Thursday, and employed somebody about that matter then. Parkyns. The solicitor that I employed was employed otherways, and I could not employ any body else. L. C. J. Yes; you might have employed any other about that business. Parkyns. I had nobody to send, I was kept close, and nobody permitted to come to me. L. C. J. Your Solicitor you desired had leave to come to you. Mr. Baker. You know that those you sent for, you had an order for. Purkyns. I could not get him till Thursday to me, I had no messengers to send till then. Mr. Baker. I gave the keeper direction, to let him have persons come to him to send on any errand. L. C. J. The keeper had orders, it seems, to let any messenger come to you; and he would have helped you to somebody to send of this errand, to be sure. Keeper. I always did it, as soon as I know they have notice of their trial. Parkyns. But the keeper is not always in the way; and besides, when I had notice given me of my trial, it was execution day, and he was not at home that day. L. C. J. He names no witnesses, only he says he has divers witnesses, neither is there any oath made of any witnesses; pray how long is it since you were commit.ed? Parkyns. I was committed this day fortnight. L. C. J. Your commitment charged you with high-treason, and therefore you knew what you stood accused of; were you not committed for high-treason? Parkyns. Yes, my lord, t believe I was. Sol. Gen. (Sir John Hawles) My lord he had a very fair time to prepare for his defence, for he saw his name in the proclamation a good while before he was taken, and there it is declared what he stands charged with. L. C. J. You might have bad a copy of your commitment, you had a right to have it, and thereby you might have seen what you were accused of. Keeper. We never do deny it, if it be demanded. L. C. J. You cannot deny it; you know what penalty you are under if you do. Parkyns. Nobody was permitted to come to me. L. C. J. You might have asked for a copy, or any body else; for you had notice of your trial so long ago as Wednesday last, Mr. Baker. I gave him notice of his trial on Wednesday, and then told him he must prepare for it against this day; he said he would endeavour to petition for a longer time; I told him it would be in vain, for he must prepare for his trial to day, and could have no longer time. L. C. J. Sir William, truly we do not see any reason to put off the trial upon these suggestions. Purkyns. My lord, it is very hard; then I humbly beg I may have the favour, that I may have counsel allowed me; I have no skill in indictments. L. C. J. We cannot allow counsel. Parkyns. My lord, if I have no counsel, I do not understand these matters, nor what advantage may be proper for me to take in these cases. L. C. J. You are not ignorant, sir William, that counsel has been always refused when desired in such cases. Parkyns. My lord, there is a new act of parliament that is lately made, which allows counsel. L. C. J. But that does not commence yet, sir William. Parkyns. My lord, it wants but one day. L. C. J. That is as much as if it were a much longer time: for we are to proceed according to what the law is, and not what it will be. Parkyns. But it is declarative of the common law, because it says it was always just and rea sonable. L C. J. We cannot alter the law till lawmakers do it. Parkyns. Will your lordship be pleased to let it be read? L C. J. Ay, if you have a mind to it, it shall be read. Parkyns. Yes, if your lordship pleases. Cl. of Arr. (Reads.) "An Act for regulating of Trials in Cases of Treason, and misprision of treason." (7 Will. and M. Cap. 3.) All the first paragraph of the new Act was read. L. C. J. Look ye, sir William Parkyns, this law has not taken any effect as yet; but the law stands as it did before the making of this act. Parkyns. But, my lord, the law says it is just and reasonable that it should be so. L. C. J. We go according to the law as we find it is. Parkyns. And, my lord, what is just and rea. sonable to-morrow, sure is just and reasonable to day; and your lordship may indulge me in this case, especially when you see how streight notice I have had, and what a little time has been allowed me, that I am not able to make any defence. L. C. J. We cannot make a law, we must go according to the law; that must be our rule and direction. Parkyns. Yes, my lord, but what is just and reasonable, sure is law: the law is grounded upon reason. L. C.J. The parliament has thought fit to make such a law, which is to commence from the 25th of this month: it is not a law till the time comes that the parliament hath appointed for its being a law. Parkyns. But, my lord, if my notice had been a convenient notice, I had been within the time limited by the act of parliament; and no one can want the advantage of that act from henceforward, nor suffer for such want but myself, which is a particular hardship upon me. L. C. J. We cannot alter the law, we are bound by our oaths to proceed according to the law as it is at present. Parkyns. lay, my lord, let it be put off till another day then. L. C. J. You shew no reason for it; you name no witnesses that you want; nor have we any oath that we ought to have in such a case. Parkyns. I will do both if your lordship will oblige me to it. L. C. J. There ought to be an oath certainly; but we think you have had fair and convenient notice: for you have had as much notice as sir John Freind had, who was tried yesterday. Parkyns. As I am informed, he was charged with single facts about the town, but I am charged with many particular things more than he was. L. C. J. The act of parliament says nothing of notice of trial; that still continues as it was before; and you have had very convenient notice: go on, Mr. Hardesty, to swear the jury. Cl. of Ar. Sir William Parkyns, you the prisoner at the bar, Those men that you shall hear called and personally appear, are to pass between our sovereign lord the king and you upon trial of your life and death; if therefore you will challenge them, or any of them, you are to speak unto them as they come to the book to be sworn, and before they be sworn, Parkyns. I hope your lordship will be of counsel for me then. L. C. J. So we will; we will do you all the right we can. Look ye, you know you may challenge 35 without cause, and as many as you will with cause, but no more than 35 with out cause. Cl. of Ar. Sir Goddard Nelthorp. Parkyns. I except against him. Cl. of dr. Leonard Hancock, esq. Parkyns. I except against him, he is the king's servant. Cl. of Ar. William Withers, esq. Parkyns. I challenge him. Ct. of Ar. William Northey, esq. Parkyns. Well, I don't except against him. Cl. of Ar. Hold Mr. Northey a book. (Which was done.) Look upon the prisoner. You shall well and truly try, and true deliverance make between our sovereign lord the king and the prisoner at the bar, whom you shall have in charge, according to your evidence ; So help you God. Cl. of Ar. Thoinas Tench. Parkyns. I have no exception against him. (He was sworn.) Cl. of Ar. John Raymond. Cl. of Ar. Isaac Honeywood. Cl. of Ar. William Underwood. Parkyns. I have no exception to him. Cl. of Ar. Henry Whitchcott. Parkyns. I have no objection against him. (He was sworn.) Cl. of Ar. Timothy Thornbury, Parkyns. I have no exception against him. Mr. Gold My lord, I am no freeholder in this county. Mr. Baker Nor have you no copyhold, Sir ? Att. Gen. However, let him be set by. Parkyns. I challenge him, he is the king's servant. Cl. of Ar. Joseph Blissett. Purkins. I have no exception to him. (He was sworn.) Cl. of Ar. William Atlee. Parkyns. I challenge him. Cl. of Ar. Thomas Sutton. Purkyns. I have no exception to him. (He was sworn.) Cl. of Ar. Thomas Edling. Cl. of Ar. Yes, you may challenge four Purkyns. I have no exception against him. was sworn.] (He was sworn.) Cl. of Ar. Robert Sanderson. Cl. of Ar. Cryer, countez. William Northey, Parkins. I have no exception against him. twelve.) (He was sworn.) Cl. of Ar. Ralph Marsh. Cl. of Ar. Nicholas Rufford. Cryer. Twelve good men and true, stand Parkyns. I have no exception against him. together, and hear your evidence. (He was sworn.) Cl. of Ar. Richard Bealing Purkyns. Pray, Mr. Hardesty, how many have I challenged. Mr. Hardesty. I will tell you presently, Sir.-You have challenged twenty-five. Parkyns. But there are two that I gave reason for: Do you put them in among them? that is, Mr. Hancock and Mr. Taylor as the king's servants. Cl. of Ar. You may speak to my lord about it; but if that be allowed, then there are but twenty-three. Parkyns. Well, Sir, go on then. Cl. of Ar. Cryer, make proclamation. Cryer. Oyez, if any one can inform my lords the king's justices, the king's serjeant, the king's attorney-general, or this inquest now to be taken, of the High-Treason whereof the prisoner at the bar stands in ted, let them to come forth, and they shall be heard; for now the prisoner stands at the bar upon his deliiverance; and all others that are bound by recog nizance to give evidence against the prisoner at the bar, let them come forth, and give their evidence, or else they forfeit their recognizance. -And all jury-men of Middlesex that have appeared, and are not sworn, may depart the court. The names of the twelve sworn were these; William Northey, Edward Gold, Daniel Thomas, Henry Whitchcott, Robert Bampton, Thomas Sutton, Thomas Edling, Robert Sanderson, Ralph Marsh, John Whiston, Thomas Heames, and Nicholas Rufford. Cl. of Ar. Sir William Parkyns, hold up thy hand. [Which he did.] You that are sworn, Parkyns. I have no objection to him. (He look upon the prisoner, and hearken to his was sworn.) Cl. of Ar. Andrew Cook. Cl. of Ar. Samuel Hooper. Parkyns. I challenge him. (He L. C J. Sir William Parkyns, you have challenged two, and have assigned the cause of your challenge, that is, Hancock and another, and the reason of your challenge is, because they are the king's servants. I am to acquaint you, that is no cause of challenge; but however, the king's counsel do not intend to insist upon it, if there are enough besides. They are willing to go on with the pannel; and I speak this, because I would not have it go for a precedent, nor have it understood that the cause you assign is a good cause: But however they will not stand with you, if there be enough to serve. Parkyns. My lord, I submit to it; the jury is full, I think. - Cl. of Ar. No, there are but eleven sworn yet. Parkyns. But how far have I gone in my challenges? Cl. of Ar. There are four which you may challenge more. Parkyns. There are two allowed me, though it be not a precedent: Are there four still? cause He stands indicted by the name of sit William Parkyns, late of the parish of St. Paul Covent-Garden, in the county of Middlesex, knight, that whereas (prout in the Indictment, mutatis mutandis,) and against the form of the statute made and provided. Upon this Indictment he hath been arraigned, and thereunto hath pleaded Not Guilty, and for his trial hath put himself upon God and his country, which country you are; your charge is to inquire, whether he be guilty of the high-treason whereof he stands indicted, or Not Guilty; if you find that he is Guilty, you are to inquire what goods and chattels, lands, tenements, he had at the time of the high-treason committed, or at any time since: If you find him Not Guilty, you are to inquire whether he fled for it; if you find that he fled for it, you are to inquire of his goods and chattel-, as if you had found him guilty; if you find him Not Guilty, nor that he did fly for it, you are to say so, and no more; and hear your evidence. Mr. Mountague. May it please your lordship, and you gentlemen of the jury Parkyns. My lord, your lordship was pleased to say, you would be my counsel. I am ignorant in matters of indictments, I beg if there be any fault in it, you will let me know it. L. C. J. Truly I have observed no fault in it; I do not know of any. Mr. Mountague. Gentlemen, this Indict |