Selected quad for the lemma: book_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A60217
|
To the King's most excellent Majesty. The humble petition of Algernoon Sidney, Esq
|
Sidney, Algernon, 1622-1683.
|
1683
(1683)
|
Wing S3765A; ESTC R214835
|
2,210
|
2
|
To the KING 's Most Excellent Majesty The Humble Petition of ALGERNOON SIDNEY Esq SHEWETH THat your Petitioner after a long and close Imprisonment was on the â—7th day of this moneth brought by a Guard of Soldiers to the Pallace-yard upon a Habeas Corpus directed to the Lievtenant of the Tower before any Indictment had been exhibited against him That whilst he was there detained a Bill was exhibited and found against him whereupon he was immediately carryed to the Kings Bench and there arraigned in this surprize He desired a Copy of the Indictment Leave to make his Exceptions or to put in a Special Plea and Council to frâ—me it but all was denyed He then offer'd a Special Plea ready engrost which was then also rejected without reading being threatned That if he did not immediately plead Not Guilty a Judgment of High Treason should be entred He was forc't contrary to Law as he supposeth to come to a general Issue in pleading Not Guilty November the 21th he was brought to his Tryal and the Indictment being perplexed and confused so that neither he nor any of his Friends that heard it could fully comprehend the scope of it he was utterly unprovided of all the Helps that the Law alloweth unto every man for his Defence whereupon he again desired a Copy and produced an Authentick Copy of the Statute Eaw 3. whereby it is enacted That every man shall have a Copy of any Record that toucheth him in any manner as well that which falls against the Kings as any other Person but could have neither a Copy of his Indictment nor that the Statute should be read The Jury by which he was to be tryed was not as he is informed summoned by the Bailiffs of the several Hundreds in the usual and legal manner but Names were agreed upon by Mr. Graham Mr. Burton and the under Sherâ—ff and directions given to the Baliffs to summon them and being all so chosen the Copy of the Pannel was of no use to him When they came to be called he excepted against some for being your Majesty's Servants which he did hope should not have been returned when he was prosecuted at your Majesty's Suit Many others for not being Freâ—holders which Exceptions he thinks are good in Law and others more lewd and infamouâ— persons not fit to be of any jury â—ut all was over-ruled by the L. C. J. and your Petitioner forced to challenge them peremptorily whom he found to be picked out as mâ—st suitable to their Inâ—entions who sought his Ruin whereby he lost the Benefit allowed by rhe Law of making his Exceptions and was forced to admit of mechanick persons utterly unable to judge of such a matter as was to be brought before them This Jury being sworn no Witness was produced who fixed any thing beyond Hear-say upon your Petitioner except the Ld. Howard and some that swore the Papers said to be found in his House aforesaid a second Witness were written in a Hand like unto your Petitioner's Your Petitioner produced Ten Witnesses the most of them men of eminenâ— quality the others of unblemisht fame to shew the Ld. Hd's Testimony was inconsistent with what he had as in the Presence of God affirmed to many of them an as he swore at the Tryal of the Ld. Russel under the same Religious Obligations of an Oath as if it had been legally administred Your Pâ—titioner did endeavovr further to shew that besides the Absurdity and Incongruity of his Testimony being guilty of many Crimes which he did not pretend your Petitioner had any knowledge of and having no other hope of a Pardon but by the Drudgery of swearing against him he deserved not to be believed And that similitude of Hands could not be Evidence as was deliver'd by the Lord Chief Justice Keeling and the whole Court in the Lady Carr's Case so as no Evidence at Law remain'd against him That whosoever wrote those Papers they were but a small part of a polemical Discourse in Answer to a Book written above thirty years ago upon general Propositions applyed to no Time or any perticular â—ase thâ—t it was impossible to judge of any Part of it unless the Whole did appear which did not that the Sense of such as were produced could not be comprehended unless the whole were read which was denyed that the Ink and Paper shewed it to be written many years ago and the Ld. Howard knowing nothing of them they could have no concurrence with what your Petitioner was said to have designed with him and others That the Confusion and Errors in writing it shoulâ— the same had nevet been so much as revived and wtitten in a hand that no man coâ—ld read over neither fit for the Press nor could be in some yeaâ—s though the Writer of it did intend it which did not appear That they being only the present Crude and private Thoughts of a man for the exercise of his own â—nderstanding in his Sâ—udy never shewed to any nor applyed to any perticular Case could not fall under the Staâ—uâ—e â—5 Edw. 3. which takes cognizance of no such matters and could not by construction be brought under it such matters being thereby reserved to the Parliament as is declared in the Proviso which I desired might be read but was refusâ—d Eight or Nine importent Points of Law did hereupon arise upon which your Petitioner knowing his Weakness did desire his Counâ—iâ— miâ—ht be heard or reserved to be sound specially but all was over-râ—led by the Violence of the L. C. J. and your Petitioner so frequently interrupted that the whole method of his Defence was broken and he not suffered to sâ—y tâ—e tenth part of what he could have alledged in his own defence the Jury was hurried into a Verdict which they did not understand Now forasmuch as no man that is Opprest in England can have any Relief unless it be by â—our Majesty Your Petitioner humbly prayes that the Prâ—mises considered your Majesty would be pleased to admit him onto your Presence and if he doth not shew that it is for your Majesty's Honour and Intereâ—t to preserve him from the said Oppression he will not complain though he he left no be destroyed