believe that that was Coll. Sidney's Book writ by him no man can doubt but it is a sufficient Evidence that he is Guilty of Compassing and Imagining the Death of the King and let us consider what proof can be greater than what has been given of it Mr. Sheppard an intimate acquaintance of his that has seen him write he looks upon the hand and says He is extreamly acquainted with the hand and says He I believe in my Conscience this Book is Coll. Sidney's hand Gent. Do you expect Mr. Sidney would call a Witness to be by to see him write that Book In the next place you have two Trades-men Coke and Cary and they tell you one had seen him write once the other had seen his hand writing and they both believe it his Hand writing and they have good reason for they have paid several summs of Money upon Notes which they took as well as This to be his Hand writing Gentlemen Besides that give me leave to tell you here is another thing that makes it more plain This very Book is found in Colonel Sidney's House on the Table in his Study where he used to write by a Gentleman against whom Colonel Sidney can't make the least Objection and that there was that fairness offered by the Gentleman Pray Colonel put your Seal upon it that you may see that no injury be done you but Mr. Sidney would not do it Therefore he Seals them with his own Seal and carries them to White-hall where they were broken open and Sweares that those Papers were found in his Closet whereof this was one Another thing which I must take notice of to you in this Case is to mind you how this Book contains all the Malice and Revenge and Treason that Mankind can be guilty of It fixes the sole Power in the Parliament and the People so that he carries on the Design still for their Debates at their Meetings were to that purpose And such Doctrines as these suit with their Debates for there a general Insurrection was designed and that was discoursed of in this Book and incouraged They must not give it an ill Name It must not be called a Rebellion it being the general Act of the People The King it says is responsible to them the King is but their Trustee That he had betrayed his Trust he had misgoverned and now he is to give it up that they may be all Kings themselves Gentlemen I must tell you I think I ought more than ordinarily to press this upon you because I know the Misfortune of the late unhappy Rebellion and the bringing the late Blessed King to the Scaffold was first begun by such kind of Principles They cried He had betrayed the Trust that was delegated to him from the People Gentlemen in the next place because he is afraid their Power alone won't do it he endeavours to poison Mens Judgments and the way he makes use of he colours it with Religion and quotes Scripture for it too and you know how far that went in the late times How we were for binding our King in Chains and our Nobles in Fetters of Iron Gentlemen This is likewise made use of by him to stir up the People to Rebellion Gentlemen if in case the Prisoner did design the Deposing the King the removing the King and if in order thereunto he be guilty of Conspiring to Levy War or as to the Letter writ by my Lord Russel if he was privy to it these will be Evidences against him So that 't is not upon two but 't is upon greater Evidence then 22 if you believe this Book was writ by him Next I must tell you Gentlemen upon I think a less Testimony an Indictment was preferred against the late Lord Russel and he was thereupon Convicted and Executed of which they have brought the Record These are the Evidences for the King For the Prisoner he hath made several Objections As that there was no War Levied For that Gentlemen at the beginning of the Cause I told you what I took the Law to be and I take it to be so very plainly But Gentlemen as to the Credibility of my Lord Howard he offers you several Circumstances First He offers you a Noble Lord my Lord Anglescy who says That he attending my Lord of Bedford upon the misfortune of the Imprisonment of his Son after he had done my Lord Howard came to second that part of a Christians Office which he had performed and told him he had a very good Son and he knew no harm of him and as to the Plot he knew nothing of it Another Noble Lord my Lord Clare tells you that he had some Discourse with my Lord Howard and he said that if he were accused he thought they would but tell Noses and his business was done Then Mr. Philip Howard he tells you how he was not so intimate with him as others but he often came to his Brothers and that he should say he knew nothing of a Plot nor did he believe any but at the same time he said he believed there was a Sham Plot and then he pressed him about the business of the Address but that now my Lord of Essex was out of Town and so it went off Another thing Mr. Sidney took notice of says he 't is an Act of Revenge in my Lord Howard for he owes him a Debt that he does besides by his Allegation does not appear Col. Sid. My Lord he hath confessed it L. Ch. Iust. Admit it yet in case Collonel Sidney should be Convicted of this Treason the Debt accrues to the King and he can't be a Farthing the better for it But how does it look like Revenge I find my Lord Howard when he speaks of Collonel Sidney says he was more beholding to him than any body and was more sorry for him so says my Lord Clare Gentlemen You have it likewise offered that he came to Collonel Sidney's House and there he was desirous to have the Plate and Goods removed to his House and that he would assist them with his Coach and Coachman to carry them thither and did affirm that he knew nothing of the Plot and did not believe Collonel Sidney knew any thing and this is likewise proved by a couple of Maid Servants as well as the French Man You have likewise some thing to the same purpose said by my Lord Paget and this is offered to take off the Credibility of my Lord Howard Do you believe because my Lord Howard did not tell them I am in a Conspiracy to kill the King therefore he knew nothing of it he knew these Persons were Men of Honour and would not be concerned in any such thing But do you think because a Man goes about and denies his being in a Plot therefore he was not in it Nay it seems so far from being an Evidence of his Innocence that 't is an Evidence of his Guilt What should provoke a Man to discourse after
this manner if he had not apprehensions of Guilt within himself This is the Testimony offered against my Lord Howard in disparagement of his Evidence Ay but further it s objected he is in expectation of a Pardon And he did say he thought he should not have the Kings Pardon till such time as the drudgery of Swearing was over Why Gentlemen I take notice before this Discourse happened he Swore the same thing at my Lord Russel's Tryal And I must tell you though it is the Duty of every Man to discover all Treasons yet I tell you for a Man to come and Swear himself over and over Guilty in the face of a Court of Justice may seem irksome and provoke a Man to give it such an Epithet 'T is therefore for his Credit that he is an unwilling Witness But Gentlemen consider if these things should have been allowed to take away the Credibility of a Witness what would have become of the Testimonies that have been given of late days What would become of the Evidence of all those that have been so profligate in their Lives Would you have the Kings Council to call none but men that were not concerned in this Plot to prove that they were Plotting Ay but Gentlemen it is further objected This Hand looks like an old Hand and it may not be the Prisoners Hand but be Counterfeited and for that there is a Gentleman who tells you what a dexterous Man he is He says he believes he could Counterfeit any Hand in half an hour 't is an ugly temptation but I hope he hath more Honour than to make use of that Art he so much glories in But what time could there be for the Counterfeiting of this Book Can you imagine that Sir Philip Lloyd through the Bag Sealed up did it Or who else can you imagine should or does the Prisoner pretend did write this Book So that as on one side God forbid but we should be careful of Mens Lives so on the other side God forbid that Flourishes and Varnish should come to indanger the Life of the King and the Destruction of the Government But Gentlemen We are not to anticipate you in point of Fact I have according to my Memory recapitulated the matters given in Evidence It remains purely in you now whether you do believe upon the whole matter that the Prisoner is Guilty of the High-Treason whereof he is Indicted Mr. Iust. Withins Gentlemen 'T is fit you should have our Opinions in all the points of Law we concur with my Lord Chief Justice Says Colonel Sidney here is a mighty Conspiracy but there is nothing comes of it who must we thank for that None but the Almighty Providence One of themselves was troubled in Conscience and comes and discovers it had not Keeling discovered it God knows whether we might have been alive at this day Then the Jury withdrew and in about half an hours time returned and brought the Prisoner in Guilty And the Lievtenant of the Tower took away his Prisoner Munday 26. Nov. 1683. Algernoon Sidney Esquire was brought up to the Bar of the Court of Kings bench to receive his Sentence L. Ch. Iust. Mr Attorney will you move any thing Mr. Att. Gen. My Lord the Prisoner at the Bar is convicted of High Treason I demand Judgment against him Cl. of Crown Algernoon Sidney Hold up thy hand which he did Thou hast been indicted of High Treason and thereupon arraigned and thereunto pleaded not Guilty and for thy Tryal put thy self upon God and the Country which Country has found thee Guilty What can'st thou say for thy self Why Judgment of death should not be given against thee and execution awarded according to Law Col. Sidney My Lord I humbly conceive I have had no Tryal I was to be tryed by my Country I do not find my Country in the Jury that did try me There were some of them that were not Freeholders I think my Lord There is neither Law nor President of any man that has been tryed by a Jury upon an Indictment lay'd in a County that were not Freeholders So I do humbly conceive That I have had no Tryal at all and if I have had no Tryal there can be no Judgment L. Ch. Just. Mr. Sidney you had the Opinion of the Court in that matter before We were unanimous in it for it was the Opinion of all the Judges of England in the Case next proceeding yours tho' that was a Case relating to Corporations but they were of Opinion that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge of Common Law Col. Sidney Under favour my Lord I presume in such a Case as this of Life and for what I know concernes every man in England you will give me a day and Counsel to argue it L. Ch. Iust. T is not in the Power of the Court to do it Col. Sidney My Lord I desire the Indictment against me may be read L. Ch. Iust. To what purpose Col. Sidney I have somewhat to say to it L. Ch. Iust. Well read the Indictment Then the Clerk of the Crown read the Indictment Col. Sidney Pray Sir will you give me leave to see it if it please you L. Ch. Iust. No that we cannot do Col. Sidney My Lord there is one thing then that makes this absolutely voyd It deprives the King of his Title which is Treason by Law Defensor fidei There is no such thing there if I heard it Right L. Ch. Iust. In that you would deprive the King of his Life that is in very full I think Col. Sidney If no body would deprive the King no more then I he would be in no danger Under favour these are things not to be over-ruled in point of Life so easily L. Ch. Iust. Mr. Sidney We very well understand our duty we don't need to be told by you what our Duty is we tell you nothing but what is Law and if you make Objections that are immaterial we must overrule them Don't think that we overrule in your Case that we would not overrule in all mens Cases in your Condition The Treason is sufficiently lay'd Col. Sidney My Lord I conceive this too that those words that are said to be written in the Paper that there is nothing of Treason in them Besides that there was nothing at all proved of them only by similitude of hands which upon the Case I alledged to your Lordship was not to be admitted in a Criminal Case Now 't is easy to call a thing proditorie but yet let the nature of the thing be examined I put my self upon it that there is no Treason in it L. Ch. Iust. There is not a Line in the Book scarce but what is Treason Mr Just. Withins I believe you don 't believe it Treason L. Ch. Iust. That is the worst part of your Case When men are riveted in Opinion that Kings
Libel we instance in some particular Words of it But we shall shew you that the whole Design of this Treatise is to perswade the People of England that it is lawful may that they have a right to set aside their Prince in câ—se it appear to them that he hath broken the Trust laid upon him by the People Gentlemen he does use in that Treatise several Arguments drawn from the most Rebellious Times that ever were in England from the late Rebellion I must needs use that word notwithstanding the Act of Oblivion when a Gentleman shall now attempt to do those things for which he was pardoned then and from other Kingdoms where Rebellion hath been prosperous against Princes Then he falls to Reasoning and uses great Reason in the Case That all the Power of the Prince is originally in the People and applies that Discourse that the power of the King was derived from the People upon Trust and they had already declared the King had invaded their Rights and therefore he comes to argue they might assume that original power they had conferred And he tells the King that is no hard condition if he thinks it so he should lay down his Crown if not he threatens the condition would be exacted or otherwise should be revenged by those he had betrayed and who but this Gentleman and his Confederates that thought himself not only able to govern this Nation but many Monarchies should call him to account for it For he lays down this Principle That tho all the People do rise against their Prince it is no Rebellion The whole Book is an argument for the People to rise in Arms and vindicate their wrongs He lays it down That the King has no Authority to dissolve the Parliament but 't is apparent the King hath dissolved many therefore he hath broken his Trust and invaded our Rights And at last concludes with that passage laid in the Indictment We may therefore shake off our Yoke for 't is not a Yoke we submitted to but a Yoke by Tyranny that must be the meaning of it they have imposed on us Gentlemen if we prove all these matters to you I doubt not you will do right to the King and Kingdom and shew your abhorrence of those Republican Principles which if put in practice will not only destroy the King but the best Monarchy in the World Mr. Sol. Gen. Pray call Mr. West Who appeared Col. Sidney I pray one word my Lord before Mr. West be sworn I have heard my Lord Mr. West hath confessed many Treasons and I desire to know whether he is pardoned or no. L. C. J. I don't know that Col. Sid. My Lord how can he be a Witness then L. C. Just. Swear him for I know no Legal Objection against him He was a good Witness in my Lord Russel's Tryal Col. Sidney My Lord if another did not except against him 't is nothing to me Mr. North. Pray give an account to the Court of what you know of a general Insurrection intended in England Col. Sidney What he knows concerning me L. C. J. We will take care of that that no Evidence be given but what ought to be Col. Sid. Is it ordinary that he should say any thing unless it be to me and my Indictment L. C. J. Mr. Sidney you remember in all the Tryals about the late Popish Plot how there was first a general account given of the Plot in Coleman's Tryal and so in Plunket's and others I don't doubt but you remember it And Sir William Jones against whose Judgment I believe you won't object was Attorney at that time Mr. North. Mr. West What do you know of the general Insurrection lately designed Mr. West My Lord I have had the honor to know Collonel Sidney several years but I don't remember that I ever saw him from the time I came acquainted with any part of the Conspiracy till the Discovery that was at the Council Mr. North. Pray give an account of what you know of the Plot in general Mr. West My Lord in October last Captain Walcot came to me and told me that my Lord Shaftesbury had designed an Insurrection in November I used some Arguments to disswade him from it But a little afterwards he came and told me the thing was wholly disappointed and then it went off and my Lord Shaftesbury went for Holland Collonel Romsey afterwards about Christmass said there were some Lords and Gentlemen intended to make an Insurrection the persons were the Duke of Monmouth my Lord of Essex my Lord Howard my Lord Russel the Prisoner at the Bar and Mr. Hambden Junior After some time he told me they had altered their measures and were resolved not to venture upon an Insurrection in England till they had a concurrency in Scotland Afterwards I was not privy to any thing else but what I had the Report of from Mr. Nelthorp and Mr. Ferguson Mr. Nelthorp told me the Prisoner had said Col. Sidney My Lord I am very unwilling to interrupt the Gentleman Lord Chief Iustice. You must not interrupt the Witness Go on Sir Mr. West Mr. Nelthorp told me the Prisoner at the Bar had sent Aaron Smith into Scotland and given him a sum of mony to bear his Charges and sent Letters to some Scotch Gentlemen to invite them to Town The Letter bore a Cant of settling some business in Carolina but the business was coming up about the Insurrection After this Mr. Smith returned and some Scotch Gentlemen with him and soon after Mr. Ferguson gave an account of that Affair and said the Scotch proposed if they might have thirty thousand pounds in ready money they would undertake to make an Insurrection in Scotland without the concurrence of England He said this Proposal was agreed to and money would be soon ready and he said that Sheppard would return the money That the Arms were ready bought and my Lord of Argile would go into Scotland and head the Scots He told me when things were thus settled some difference arose about raising the money and at last he told me my Lord Gray did offer to raise ten thousand pounds out of his own Estate if the rest would pay their proportion Then the Scots came down to ' less but that would not be complyed with The places for the Rising were Bristoll Taunton York Chester Exeter London That there had been some Debates whether they should begin at London or the other places and at last it was resolved they should begin at London with the rest of the places My Lord this was the Account I had of the matter in general of Mr. Ferguson but he said they were disappointed Afterwards he told me the Prisoner at the Bar and Major Wildman were very instrumental in working of it off because they could not agree upon the Declaration to be made upon the Insurrection The English were for a Common wealth but the Scotch Gentlemen answered Fairly it might come to it in time but
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
call it The Multitude therefore is never headless but they either find or create an head so that here is a plain and an avowed Principle of Rebellion Established upon the strongest reason he has to back it Gentlemen This with the other Evidence that has been given will be sufficient to prove his Compassing the Death of the King You see the Affirmations he makes when Kings do break their Trust they may be called to accompt by the people This is the Doctrine he Broaches and Argues for He says in his Book in another part that the Calling and Dissolving of Parliaments is not in the Kings Power Gentlemen You all know how many Parliaments the King hath Called and Dissolved if it be not in his Power he hath done that that was not in his Power and so contrary to his Trust. Gentlemen at the entrance into this Conspiracy they were under an apprehension that their Liberties were invaded as you hear in the Evidence from my Lord Howard that they were just making the Insurrection upon that Tumultuous opposition of Electing of Sheriffs in London They enter into a Consultation to raise Arms against the King and it is proved by my Lord Howard that the Prisoner at the Bar was one Gentlemen Words spoken upon a supposition will be High Treason as was held in King James's time in the Case of Collins in Rolls Reports The King being Excommunicate may be Deposed and Murdered without affirming he was Excommunicated and this was enough to Convict him of High Treason Now according to that Case to say the King having broken his Trust may be Deposed by his people would be High Treason but here he does as good as affirm the King had broke his Trust. When every one sees the King hath Dissolved Parliaments this reduces it to an Affirmation And though this Book be not brought to that Counsel to be perused and there debated yet it will be another and more than two Witnesses against the Prisoner For I would ask any man suppose a man was in a Room and there were two men and he talks with both apart and he comes to one and endeavours to persuade him that it is lawful to Rise in Arms against the King if so be he break his Trust and he should go to another man and tell him the King hath broken his Trust and we must seek some way to redress our selves and persuade the people to Rise these two Witnesses do so tack this Treason together that they will be two Witnesses to prove him Guilty of High Treason And you have heard one Witness prove it positively to you That he consulted to Rise in Arms against the King and here is his own Book says it is lawful for a man to Rise in Arms against the King if he break his Trust and in effect he hath said the King hath broken his Trust Therefore this will be a sufficient demonstration what the imagination of the Heart of this man was that it was nothing but the destruction of the King and the Government and indeed of all Governments There can be no such thing as Government if the people shall be Judg in the Case For what so uncertain as the heady and giddy Multitude Gentlemen I think this will be a sufficient Evidence of his Consulting the death of the King You have here the Prisoner at the Bar that is very deep in it Indeed some men may by Passion be transported into such an Offence and though the Offence be never the less what ever the motives are yet in some it is less dangerous for those that venture upon Passion to raise Commotions and Rebellion are not always so much upon their Guard but that they may make some false steps to intrap themselves But this Gentleman proceeds upon a surer Foundation it is his Reason it is his Primciple it is the Guide of all his Actions it is that by which he leads and directs the steady Course of his Life A man convinced of these Principles and that walks accordingly what won't he do to accomplish his designs How wary will he be in all his Actions Still reasoning with himself which way to bring it most securely about Gentlemen This is the more dangerous Conspiracy in this man by how much the more it is rooted in him and how deep it is you hear when a man shall write as his Principle that it is lawful for to depose Kings they breaking their Trust and that the Revolt of the whole Nation can not be called Rebellion It will be a very sad Case when people Act this according to their Consciences and do all this for the good of the people as they would have it thought but this is the Principle of this man Gentlemen We think we have plainly made it out to you and proved it sufficiently that it was the imagination of his Heart to destroy the King and made sufficient proof of High Treason Coll. Sidney Give me leave my Lord to say a very few words I desire Mr. Solicitor would not think it his Duty to take away mens lives any how First We have had a long story Lord Chief Iustice. Nay Mr. Sidney We must not have vying and revying I asked you before what you had to say the course of Evidence is after the Kings Counsel have concluded we never admit the Prisoner to say any thing Coll. Sidney My Lord It was a wise man said there never could be too much delay in the Life of a man I know the Kings Counsel may conclude if they please Mr. Solicitor I would not have him think that it is enough by one way on another to bring a man to death My Lord This matter of Sir Henry Vane is utterly misrepresented Lord Chief Iustice. I must tell you Gentlemen of the Jury that what the Prisoner says that is not proved and what the Kings Counsel have said of which there is no proof to make it out must not be taken into any consideration Coll. Sidney Then my Lord here is a place or two in Old Hales turning over my Lord Hales Book for the Overt Act of one Treason not being an Overt Act of another your Lordship knows Coke and Hales were both against it he Reads Compassing by bare words is not an Overt Act Conspiring to Levy War is no Overt Act. Mr. Solicitor General I desire but one word more for my own sake as well as the Prisoners and that is that if I have said any thing that is not Law or misrepeated or misapplied the Evidence which hath been given I do make it my humble Request to your Lordship to rectifie those mistakes as well in point of Fact as point of Law for God forbid the Prisoner should suffer by any mistake Lord Chief Iustice. Gentlemen The Evidence has been long and it is a Cause of great concernment and it is far from the thoughts of the King or from the thoughts or desire of any of his Judges here to be
may be deposed that thy are accomptable to their People that a general Insurrection is no Rebellion and justifie it 't is high time upon my word to call them to account Col. Sidney My Lord the other day I had a book wherein I had King James Speech upon which all that is there is grounded in his own Speech to the Parliament in 1603 and there is nothing in these Papers which is called a Book tho' it never appeared for if it were true it was only Papers found in a private man's Study never shew'd to any body and Mr. Attorney takes this to bring it to a crime in order to some other Counsel and this was to come out such a time when the Insurrectioâ— brake out My Lord There is one Person I did not know where tâ— find then but every Body knows where to find now that is the Duke of Monmouth if there had been any thing in Consultation by this means to bring any thing about he must have known of it for it must be taken to be in Prosecution of those Designs of his And if he will say there ever was any such thing or knew any thing of it I will acknowledge whatever you please L. Ch. Iust. That is over you were Tryed for this Fact We must not send for the Duke of Monmouth Col. Sidney I humbly think I ought and desire to be heard upon it L. Ch. Iust. Upon what Col. Sidney If you will call it a Tryal L. Ch. Iust. I do The Law calls it so Mr. Just. Withins We must not hear such Discourses after you have been Tryed here and the Jury have given their Verdict as if you had not Justice done you Mr. Just. Holloway I think it was a very fair Tryal Col. Sidney My Lord I desire That you would hear my Reasons why I should be brought to a new Tryal L. Ch. Iust. That can't be Col. Sidney Be the Tryal what it will Cl. of Cr. Cryer make an Oyes Col. Sidney Can't I be heard my Lord L. Ch. Iust. Yes If you will speak that which is proper 't is a strange thing You seem to appeal as if you had some great hardship upon you I am sure I can as well appeal as you I am sure you had all the Favour shewed you that ever any Prisoner had The Court heard you with Patience when you spake what was proper but if you begin to Arraign the Justice of the Nation it concerns the Justice of the Nation to prevent you We are bound by our Consciences and our Oaths to see right done to you and tho' we are Judges upon Earth we are accomptable to the Judge of Heaven and Earth and we act according to our Consciences tho' we don't act according to your Opinion Col. Sid. My Lord I say In the first place I was brought to Westminster by Habeas Corpus the 7th of this Month granted the day before to be Arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury which under favour ought not to have been had L. Ch. Iust. We know nothing of it You had as good tell us of some-bodies Ghost as you did at the Tryal Col. Sid. I told you of two infamous Persons that had acted my Lord Russel's Ghost L. Ch. Iust. Go on if you have any thing else Col. Sid. I prayed a Copy of the Indictment making my Objections against it and putting in a special Plea which the Law I humbly conceive allowed me the help of Counsel to frame it was denied L. Ch. Iust. For the Copy of the Indictment it was denied in the Case you cited This favour shewed you to day was denied at any time to Sir Henry Vane that is to have the Indictment read in Latin Don't say on the other side we refused your Plea I told you have a care of putting it in If the Plea was such as Mr. Attorney did demurre to it I told you you were answerable for the Consequences of it Mr. Just. Withins We told you you might put it in but you must put it in at your Peril Col. Sidney My Lord I would have put it in L. Ch. Iust. I did advertise you If you put in a Plea upon your Peril be it I told you We are bound by Law to give you that fair advertisement of the great danger you would fall under if it were not a good Plea Col. Sidney My Lord my Plea was that could never hurt me L. Ch. Iust. We do not know that Col. Sid. I desire my Lord this that it may be considered That being brought here to my Tryal I did desire a Copy of my Indictment upon the Statute of 46 E. 3. which does allow it to all Men in all Cases L. Ch. Iust. I tell you the Law is otherwise and told you so then and tell you so now Col. Sid. Your Lordship did not tell me That was not a Law L. Ch. Iust. Unless there be a Law particular for Col. Sidney If you have any more to say Col. Sid. I am probably informed and if your Lordship will give me time shall be able to prove it That the Jury was not summoned as it ought to be My Lord if this Jury was not summoned by the Bailiffe according to the ordinary way but they were agreed upon by the Under-Sheriff Graham and Burton I desire to know whether that be a good Jury L. Ch. Iust. We can take notice of nothing but what is upon the Record Here is a return by the Sheriff if there had been any indirect means used with the Sheriff or any else you should have mentioned it before they were Sworn Col. Sid. Is there any thing in the World more irregular then that L. Ch. Iust. I know nothing of it That time is past Col. Sid. Now my Lord All men are admitted on the Jury L. Ch. Iu. Why you did not like Gentlemen and now you don 't like those that you had In plain English if any Jury had found you Guilty it had been the same thing It had been a good Summons if they had acquitted you Col. Sidney When the Jury thus composed was sworne 4 witnesses of whom 3 were under the terror of Death for Treasons were produc'd against me And they confessed themselves guilty of Crimes of which I had no knowledge and told storys by hear-say And your Lordship did promise in summing up the Evidence that the Jury should be informed what did reach me and what not and I don't remember that was done L. Ch. Iust. I did it particularly I think I was as careful of it as possibly I could be Col. Sidney My Lord Howard being the only Witness that say'd any thing against me Papers which were sayd to be found in my house were produced as another Witness and no other Testimony given concerning them but that the hand was like unto mine No man can say I