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A25871 The arraignment, tryal & condemnation of Algernon Sidney, Esq. for high-treason ... before the Right Honourable Sir George Jeffreys ... Lord Chief Justice of England at His Majesties Court of Kingsbench at Westminster on the 7th, 21th and 27th of November, 1683 Sidney, Algernon, 1622-1683, defendant.; Jeffreys, George Jeffreys, Baron, 1644 or 5-1689.; England and Wales. Court of King's Bench. 1684 (1684) Wing A3754; ESTC R23343 69,533 67

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carried on thus it had neither Officers nor Souldiers no place no time no Money for it That which he said last time which he forgotnow he talked of twenty five or thirty thousand pound but no man knew where it was to be had but last time he said it was spoken in jest Now this is a pretty Cabal that six men should meet about a business and they neglect every one of the points relating to the thing they met about make no step about the business and if any one did speak of it it was but in jest This is a very deep maintaining of the Plot. Then my Lord as to these Papers I do not think I am to give any account of them I would say nothing to the disparagement of Sir Philip Lloyd I never saw him till he cause to my House but yet I say he is the Kings Officer and when I am prosecuted at the Kings Smit I think he ought to be no Witness The Government of France is violent and absolute but yet a few years ago a Minister of State had his Papers taken from him and abundance of them had dangerous Plots against the King in them but because they were inventoried in his Officers presence or those reputed by him there was no use could be made of them it was an irreparable fault in the process and that saved him The similitude of hands is nothing we know that Hands will be counterfeited so that no man shall know his own hand A Gentleman that is now dead told me that my Lord Arlington about five years agoe desired him to write a Letter and seal it as well as he could he writ it with care and sealed it with a Wafer and Wax upon it and within a few days my Lord Arlington brought him five Letters and he did not know which was his own The Attorney shews these Papers to me I do not know whether they are my own or no but these very Papers such as they are do abhorr as much as any one can such a design Look upon them you see they are all old Ink. These Papers may be writ perhaps these twenty years the Ink is so old But my Lord it is a polemical Discourse it seems to be an Answer to Filmer which is not calculated for any particular Government in the World It goes only upon these general Principles That according to the universal Law of God and Nature there is but one Government in the World and that is Intire and Absolute and that the King can be bound by no Law by no Oath but he may make all Laws and abolish them as he pleases And this whether of Age or no a Man or a Child of Sense or out of his Sense Now my Lord what if any man in his Cabinet should have written this Book Then he has another Principle he says 'T is the same thing whether a King come in by Election by Donation by Inheritance or Usurpation or any other way than which I think never was a thing more desperately said Cromwell when one White a Priest wrote a Book wherein he undertook to prove That Possession was the only Right to Power tho' he was a Tyrant and a violent one you need not wonder I call him Tyrant I did so every day in his Life and acted against him too it would be so odious a Principle he would not endure it and he used him very slightly for it Now this Filmar that no man must write against is the man that does assert it That 't is no matter how they come by their Power and gives the same Power to the worst Usurpers as they that most rightly come to the Crown By the same Argument if the arrantest Rascal of Israel had killed Moses David c. and seized upon the Power he had been possessed of that Power and been Father of the People If this be Doctrine my Lord that is just and good then I confess it may be dangerous for any thing to be found in a man's House contrary to it but if a Commoner of England write his present thoughts and another man upon looking on his Book write his present thoughts of it what great hurt is there in it And I ask Mr. Attorney how many years ago that was written L. Ch. Iust. I don't know what the Book was in answer to We are not to speak of any Book that Sir Robert Filmar wrote but you are to make your Defence touching a Book that was found in your Study and spend not your time and the Courts time in that which serves to no other Purpose than to gratify a luxuriant way of Talking that you have We have nothing to do with his Book you had as good tell me again That there was a parcel of people rambling about pretending to my L. Russel's Ghost and so we may answer all the Comedies in England Answer to the matter you are indicted for Do you owne that Paper Col. Sidney No my Lord. L. Ch. Iust. Go on then it does not become us to be impatient to hear you but we ought to advertise you that you spend not your time to no purpose and do your self an Injury Col. Sidney I say first 'T is not proved upon me and secondly 'T is not a Crime if it be proved L. Ch. Iust. You began very materially in one thing it is material for you to apply your self to take off the Credibility of my Lord Howard that is a Witness call your Witnesses to that purpose or if you have any other point to take away the Credibility of any other Witness Col. Sidney My Lord I have seven or eight points of Law L. Ch. Iust. I hear not one yet Col. Sidney Why my Lord Conspiring to levy war is not Treason and I desire to have Counsel upon that L. J. Just. 'T is not a Question You had as good ask me whether the first Chapter in Littleton be Law Col. Sid. My Lord I have neither made war nor conspir'd to levy war L. C. Iust. You are still in a mistake you shall not think that we intend to dialogue with you to let you know how far the proof hath been given or not given but when we come to direct the Jury then we shall observe how far the Law requires there should be two witnesses But whether there be such a proof that must be left to the Jury Mr. Just. Wythens If you agree the Conspiracy I will tell you my mind of it I cannot give you my Opinion in Law till the Fact be stated L. Ch. Iust. The Law alwayes arises upon a point of Fact there can be no doubt in point of Law till there be a settlement in point of Fact Mr. Just. Holloway My Lord has put you in a right way The Conspiracy is proved but by one Witness if you have any thing to take off his Credibility t is to the purpose Col. Sidney Truly my Lord I do as little intend to mis-spend my