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.

Parkyns. 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 nebody 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.

Parkyns. 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 conie to you; and he woul 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 committed?

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, I 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 had 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 sug. gestions.

Parkyns. 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.
L. C. J. Read it.

Cl. of Arr. (Reads) "An Act for regula ting 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 reasonable 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.

Perkyns. 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.

Purkyns. Pray, 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 Dotice: 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 without cause.

Cl. of Ar. Sir Goddard Nelthorp.
Parkyns. I except against him.

Cl of Ar. Leonard Hancock, esq. Parkyns. I except against him, he is the king's servant.

Cl. of Ar. William Withers, esq.
Purkyns. I challenge him.
Cl. of Ar. Samuel Powell, esq.
Parkyns. I challenge him.

Cl. 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. Thomas Tench.
Parkyns. I challenge him.
Cl. of Ar. John Wolf.
Purkyns. I challenge him.
Cl. of Ar. James Bodington.
Parkyns. I challenge him.
Cl. of Ar. John Smith.
Parkyns. I challenge him.
Cl. of Ar. Edward Gould.

Parkyns. I have no exception against him. (He was sworn.)

Cl. of Ar. John Raymond.
Parkyns. I challenge him.
Cl. of Ar. Daniel Thomas.
Parkyns. I have no exception against him.
(He was sworn.)

Cl. of Ar. Isaac Honeywood.
Purkyns. I challenge him.
Cl. of Ar. William Underwood.
Parkyns. I challenge him.
Cl. of dr. Arthur Bayley.
Parkyns. I challenge him.
Cl. of Ar. Nehemiah Erining.
Parkyns. I challenge him.
C. of Ar. John Webber.
Purkyns. I cha lenge him.
Cl. of Ar. John Canę.

Parkyns. I have no exception to him.
Att. Gen. We challenge him for the king.
Cl. of Ar. Thomas Glover.
Purkyns. I challenge him.

Cl. of Ar. Henry Whitchcott. Parkyns. I have no objection against him. (He was sworn.)

Cl. of Ar. Timothy Thornbury.
Parkyns. I challenge him.
Cl. of Ar. Dormer Sheppard.
Purkyns. I challenge him.
Cl. of Ar. John Temple.
Parkyns. I challenge him.
Cl. of Ar. Nathaniel Gold.

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?
Mr. Gold. Yes, Sir, I have.

Att. Gen. However, let him be set by.
Cl. of Ar. Robert Breedon.
Parkyns I challenge him.
Cl. of Ar. Thomas Taylor.

Parkyns. I challenge him, he is the king's

servant.

Cl. of Ar. Joseph Blissett.
Parkyns. I challenge him.
Cl. of Ar. John Billier.
Parkyns. I challenge him.
Cl. of Ar. Francis Chapman.
Parkyns. I challenge him.
Cl. of Ar. John Cleeve.
Parkyns. I challenge him.
Cl. of Ar. Robert Bampton.

Purkins. I have no exception to him. (He was sworn.)

Cl. of Ar. William Atlee.

ment does contain as heavy an accusation as can be laid upon any man, for it not only charges the prisoner with a traiterous design of subverting the government, and raising war and rebellion within this kingdom; which was to be done by adhering to the king's enemies, and promoting a foreign invasion, but likewise with a conspiracy against the life of the king, which was to have been taken away by a bloody assassination.

Gentlemen the indictment sets forth, that sir William Parkyns, the prisoner at the bar, did meet several times with Charnock, and other false traitors; and there it was consulted and agreed, how they should procure French forces to land within this kingdom, and then they were to raise rebellion amongst his majesty's subjects, to join with the invaders. Mr. Charnock was sent from the prisoner at the bar and the rest, as a messenger into France, unto the late king James, to acquaint him with this bloody design, and to desire him to borrow of the French king as many troops as he could spare, to make a descent upon this kingdom; and they at the same time were to facilitate the descent, by getting as many men as they could to make the assassination; and the number of forty was pitched upon, who were to be provided for that purpose; of which the prisoner at the bar was to find five, who were to lie in wait with the rest, and set upon the king as he came along in his coach, upon his return from hunting. Some were to assault and attack the guards, while others were barbarously to assassinate and murder the king in his coach: And particularly it charges the prisoner with undertaking to procure and provide five horses and arms, that were to be employed in this bloody assassination; and also with gathering together great quantities of arms and ammunition that were to he used in the insurrection. To this indictment the prisoner has pleaded Not Guilty; if he be not guilty, God forbid he should be convicted! But if he be guilty, and we prove the fact, the nation expects that you will do justice to the king and kingdom, and

find him so.

Att. Gen. (sir Tho. Trevor). May it please your Lordship, and you Gentlemen of the Jury; the prisoner at the bar, sir William Parkyns, stands indicted of high treason, for compassing the death of his majesty, and adhering to his majesty's enemies: and the overt-acts laid in the indictment to prove this treason are, That he with others had several meetings and consultations about this design, and sent a messenger over to France to the late king James, to procure French forces to invade the king dom, to depose the king, and subject the king dom to a French power: and likewise that he did enter into a conspiracy with several perons for the assassination of his majesty's royal person. These are the overt-acts mentioned in the indictment, to prove this charge of treason against the prisoner.

Gentlemen, the evidence to prove these evert-acts, and which we shall produce, will

be in this manner it will appear that the prisoner at the bar, sir William Parkyns, has had a commission from king James to raise a regiment of horse; and about May last, he with several others had a meeting at the Old King's Head, in Leadenhall-street, where were present my lord of Ailesbury, my lord Montgomery, sir William Parkyns, sir John Freind, sir John Fenwick, Mr. Charnock, Mr. Porter, and one Mr. Cook; and Goodman came in to them after dinner. And at that meeting it was consulted and concerted among them, how they should bring back the late king James, and depose his present majesty; and in order to that, they did resolve to send Mr. Charnock as a messenger to the late king James, to desire him to obtain from the French king 10,000 men to invade this kingdom; 8,000 foot, 1,000 horse, 1,000 dragoons; and to encourage the late king to this, they did assure him by the same messenger, that they would meet him with 2,000 horse upon his landing; and they did all undertake and agree that they would do it; and Mr. Charnock undertook to go of this message.

Gentlemen, about a week after this meeting, Mr. Charnock not being willing to go upon this errand without a good assurance that they intended to perform what they had resolved upon, they therefore had another meeting of most of the same persons that were at the former, and particularly the prisoner at the bar was one; and that was at Mrs. Mountjoy's, a tavern in St. James's-street. And at that meeting they did all agree, as formerly, and continued in their former resolution, to send Mr. Charnock to assure the late king, that they would meet him, according as they had promised, if he would give them notice where he was to land, and he should not fail of their assistance. And at these meetings they did take notice, that then was the most proper time for such an invasion: for the king was gone to Flanders, most of the forces were drawn thither, and the people were dissatisfied, and so it would be the fittest opportunity to accomplish their design. And they desired Mr. Charnock to make haste to carry this message, and to intreat king James that he would be speedy and expeditious in his coming, that they might not

lose this season.

Gentlemen, after these meetings, Mr. Charnock did within a few days go over into France, and did deliver his message to the late king James; who took it very kindly, but said that the French king could not spare so many forces that year, having other work to employ them about: upon which, within a month's time, or less, he came back again, and brought an account of his message to those gentlemen who sent him. This was in May or June last, and so the further prosecution of the design ceased at that time.

But, gentlemen, the last winter it was revived again, and attempted, and carried on very near to the obtaining a fatal success. And you will hear, that the prisoner at the bar, sir