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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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to you in La●i●e which was denyed in the Case of Sir Henry Vane And there is a later Case known to most persons here By the opinion of all the Judges of England a Copy of the Indictment was denyed to my Lord Russel Therefore arraign him upon the Indictment we must not spend our time in discourses to captivate the people Col. Sid. Is not this a good Law my Lord Holding out the Paper L. C. J. You have the rule of the Court. Mr. Just. Wythens Any thing the Law will allow you you shall have but I am sure if you did advise with your Counsel they must tell you the same thing So the Clerk of the Crown called the Jury and after several Challenges the names of the Jury were as follow The Jury Iohn Amger Richard White William Linn Lawrence Wood. Adam Andrews Emery Arguise Iosias Clerke George Glisby Nicholas Baxter William Reeves William Grove Iohn Burt. L. C. J. Look you Gentlemen of the Jury there are some Gentlemen at the Bar as we are informed are apt to whisper to the Jury 't is no part of their duty nay 't is against their duty and therefore Gentlemen if you hear any of them by you that offer to whisper or make Comments in this Cause as you are upon your Oaths and I doubt not but will do your duty between the King and the Prisoner so I expect if you hear the Counsel say any thing you will inform the Court. Let us have no Remarks but a fair Tryal in God's Name Cl. of Cr. You that are sworn look upon the Prisoner and hearken to his Cause He stands indicted by the Name of Algernon Sidney of c. as in the Indictment your Charge is to inquire c. Then Proclamation for Evidence was made Mr. Dolben May it please your Lordship and you Gentlemen that are sworn This is an Indictment of High Treason preferred against Algernon Sidney the Prisoner at the Bar. The Indictment sets forth That he as a false Traitor against our most Illustrious Prince Charles the Second his natural Lord not having the fear of God in his heart and on the Thirtieth of June in the Thirty Fifth Year of the King and divers other days and times as well before as after in the Parish of St. Giles in the Fields in the County of Middlesex traiterously with divers Traitors unknown did conspire the Death of the King and to levy War within this Kingdom And to complete these Traiterous Purposes did then and there maliciously advisedly and traiterously send one Aaron Smith into Scotland to excite some ill disposed persons of that Kingdom to come into this and to consult with the said Algernon Sidney and other Traitors of and upon assistance from the Kingdom of Scotland to carry on those Designs And the Indictment sets forth further that to perswade the people of England it was lawful to raise Rebellion the said Algernon Sidney did cause to be written a false Seditious Libel in which is contained these English Words The Power is originally in the People and that is delegated to the King The King is subject to the Law of God as a King as a man to the people that made him a King In as much as he is a King the Law sets a measure to that Objection c. put in the Indictment This is laid to be against the duty of his Allegiance against the peace of the King his Crown and Dignity and against the Form of the Statute in that Case made and provided If we prove him guilty we doubt not but you will find it Mr. Att. Gen. My Lord and you Gentlemen of the Jury the Prisoner at the Bar stands indicted of the highest Crimes the conspiring the Death of the King and the Overthrow of the English Monarchy Gentlemen we shall use this Method in our Evidence We shall shew by many Witnesses that there was a design of raising and making a Rebellion within this Kingdom For Gentlemen you must take notice and I think there is no English Man but does believe that for several years last past a design was laid and for that purpose several secret Insinuations were made use of and publick Libels spread abroad to perswade the people that the King was introducing Arbitrary Power that he subverted all their Rights Liberties Properties and whatever was dear to them They indeavoured to make the world believe the King was a Papist And when Gentlemen by such Stratagems they had worked upon many incautelous persons when they thought they had gotten a sufficient party then there was a design of an open rising for they thought all things were ripened and that was to be in several parts of the Kingdom Some persons to effect this design were for a present Assassination of the King Others would do it in a more fair and gentile way They thought it below persons of that great Quality as the Prisoner is and therefore were for doing it by open Force When we have given that general Evidence we shall then come to shew you what share and part the Prisoner had in this Design For certainly he was looked upon as a very eminent person whose Education abroad and former practices at home had rendred him fit to advise and proceed in such Affairs We shall prove when these matters were ripe this Gentleman was of the Council of State of the Six that were to manage this matter of the Rising We shall shew the several Consultations they held one at Mr. Hambden's House another at the House of my Lord Russel There we shall acquaint you what Debates they had for they acted like very subtil Men and there they debated whether the Rising should be first in the Country or City or both together They came to a resolution it should be in both places at once Then when they had asserted that point they come to consider the time of Rising and upon that they thought fit to call in Aid of Scotland first and that was this Gentleman's particular Province For he being a man of great Secresie was to send an Emissary into that Kingdom and invite some persons over totreat with them about it We shall prove that an Emissary was sent and this Gentleman gave him a considerable Sum to bear his Charges We shall prove that several Scotch Gentlemen in pursuance of this Resolve came here to treat with this great Council of State about this Affair And shall make it appear to you that assoon as ever the least Discovery of this Plot was these persons concealed themselves and withdrew as the rest of the Plotters that have fled from Justice Gentlemen this was not enough for this Gentleman to consult on these several Passages but to demonstrate to the World that his Head and Heart was intire in this Service and that he might carry it on the more effectually he was at this very time when this Emissary was gone into Scotland preparing a most Seditious and Traiterous
him to make an Address to the King This Gentlemen I repeat not that it is material but for no other reason than because Colonel Sidney had produced it and so we are to think he intended to make some use of it but I can't see any inference to be drawn from it There is one Witness more and that is Mr. Blake to the credit of my Lord Howard who comes here and says that when he discoursed about a Pardon My Lord should say That he had a Warrant for his Pardon but that he had not yet passed it and could not yet and he apprehended the reason was because the drudgery of Swearing was not over But this is but what my Lord Howard had conjectured First it does not appear that there is any promise of Pardon at all to my Lord Howard on any terms imposed on him In the next place whatever expectation he has of a Pardon he can't reasonably hope for it without making a clear discovery of all he knows For to stifle his Evidence he has given is not a way to deserve a Pardon of his Prince Therefore Gentlemen whatever expressions were used tho he called it the drudgery of Swearing however unwilling he is to come to it and tho he gives it very many hard names and might think it very harsh to come and own himself to be one of the Conspirators it might be irksome and very irksome yet none of them tell you That my Lord Howard should say that what he had said was not true Now he has come and given his Evidence and you have heard all these objections against it and not one of them touch it in the least I come in the next place to the other part of the Evidence The Papers found in Colonel Sidney's House And in the first place he objects They can't affect him for says he there is no proof they were found in my House no proof they were written by me for comparison of Hands that is nothing and if they were proved to be mine 't is nothing at all to the purpose they are an Answer to a Polemical Discourse wherewith he entertained himself privately in his Study Why you have observed I know that Sir Philip Lloyd in the first place swears that by Warrant from the Secretary he searched his House and he found the Papers lying upon Colonel Sidney's Table in his Study when he came in there and there is no ground nor colour for you to suspect otherwise than that they were there and he found them there For the surmise of the Prisoner at the Bar that they might besaid there 't is so forein and without ground that by and by you will think there is nothing at all in it In the next place we prove Colonel Sidney's Hand and that by as much proof as the thing is capable of such a proof as in all cases hath been allowed and that is for men to come that know and are acquainted with the Hand-writing and Swear they know his Hand-writing and they believe this to be his Hand You have heard from Mr. Sheppard a man that used to transact business for him pay mony for him and Mr. Cooke and Mr. Cary men of known Credit in the City of London that have had the like dealings with Colonel Sidney and they Swear this is his Hand-writing as they verily Believe So that Gentlemen this proof to you of Colonel Sidney's Hand-writing does verifie Sir Philip Lloyd That these Papers must be found there if Colonel Sidney writ them and then this being found that they were writ by him the next thing will be How far this will be an Evidence to prove his compassing and imagining the Death of the King Compassing and imagining the Death of the King is the Act of the mind and is Treason whilst it remains secret in the Heart tho no such Treason can be punish'd because there is no way to prove it but when once there is any Overt Act that is any thing that does manifest and declare such intention then the Law 〈…〉 nd punishes it as High Treason Now after this Evidence I think no man will doubt whether it was in the heart of the Prisoner at the Bar to destroy the King But first he objects That this is a part of a Book and unless you take the whole nothing can be made of it As it is in wresting of Texts of Scripture says he you may as well say That David says there is no God because David hath said The fool hath said in his heart there is no God But Gentlemen the application won't hold for you see a long Discourse hath been read to you a continued thred of Argument 't is not one Proposition but an whole series of Argument These are the Positions That the King derives all his Power from the People That 't is originally in the People and that the measure of Subjection must be adjudged by the Parliament and if the King does fall from doing his Duty he must expect the People will exact it And this he has laid down as no way prejudicial to him for says he The King may refuse the Crown if he does not like it upon these terms But says he if he does accept it he must expect the performance will be exacted or revenge taken by those he hath botray'd Then next he sets up an objection and then argues against it Ay but shall the People be judg in their own Cause And thus he answers it It must be so for is not the King a Judg in his own Cause How can any man else be Tried or Convicted of any Offence if the King may not be Judg in his own Cause for to judg by a mans self or by his Deputy is the same thing and so a Crime against the King can't be punished And then he takes notice of it as a very absurd Position That the King shall judg in his own Cause and not the People That would be to say The Servant entertained by the Master shall judg the Master but the Master shall not judg the Servant Gentlemen after this sort of Argument he comes to this setled Position We may therefore says he change or take away Kings without breaking any Yoke or that is made a Yoke the injury is therefore in imposing the Yoke and there can be none at all in breaking of it But he goes on in his Book and that is by way of Answer to an Objection That if there be no injury yet there may be inconvenience if the headless multitude should shake off the Yoke But says he I would sain know how the multitude comes to be headless and there he gives you many instances in Story and from Forein Nations he comes home to the English and tells you how all Rebellions in later Ages have been headed and tells you the Parliament is the Head or the Nobility and Gentry that compose it and when the King fails in his Duty the People may
THE ARRAIGNMENT OF Algernon Sidney Esquire November 7th 1683. ALgernon Sidney Esquire was by Habeas Corpus brought up to the Bar of the Court of King's-Bench and the Clerk of the Crown having read the Return Mr. Attorney General informed the Court there was an Indictment against the Prisoner and prayed he might be charged with it Clerk of the Crown Algernon Sidney hold up thy hand which he did Midd. ss THe Iurors for our Lord the King upon their Oath do present That Algernon Sidney late of the Parish of St. Martin in the Fields in the County of Middlesex Esquire as a false Traytor against the Most Illustrious Most Excellent Prince our Lord Charles the Second by the Grace of God King of England Scotland France and Ireland and his Natural Lord Not having the fear of God in his Heart nor weighing the Duty of his Allegiance but moved and seduced by the instigation of the Devil utterly withdrawing the cordial Love and true due and natural Obedience which a true and faithful Subject of our said Lord the King should bear towards him the said Lord the King and of Right is bound to bear Contriving and with all his Strength intending to disturb the Peace and Common Tranquility of this Kingdom of England and to stir up and move War and Rebellion against the said Lord the King and to subvert the Government of the said Lord the King in this Kingdom of England and to Depose and Deprive the said Lord the King from the Title Honor and Regal Name of the Imperial Crown of his Kingdom of England and to bring and put the said Lord the King to Death and final Destruction the thirtieth Day of June in the Five and thirtieth Tear of the Reign of our Lord King Charles the Second new King of England c. and divers other Days and Times as well before as after at the Parish of St. Giles in the Fields in the County of Middlesex Maliciously and Trayterously with divers other Traytors to the Iurors aforesaid unknown did Conspire Compass Imagine and intend to Deprive and cast down the said Lord the King his Supreme natural Lord not only from the Regal State Title Power and Rule of his Kingdom of England but also to Kill and ●ring and put to Death the same Lord the King and to change alter and utterly Subvert the Ancient Government of this his Kingdom of England and to cause and procure a miserable Slaughter among the Subjects of the said Lord the King thorow his whole Kingdom of England and to move and stir up an Insurrection and Rebellion against the said Lord the King within this Kingdom of England And to fulfil and perfect those his most horrid wicked and diabolical Treasons and trayterous Compassings Imaginations and Purposes the same Algernon Sidney as a false Traytor then and there and divers other Days and Times as well before as after Maliciously Trayterously and advisedly did Assemble himself meet and consult with the aforesaid other Traytors to the Iurors aforesaid unknown and with the same Traytors did Treat of and for those his Treasons and Trayterous Compassings Imaginations and Purposes to be executed and fulfilled And that the aforesaid Algernon Sidney as a false Traytor maliciously trayterously and advisedly then and there and divers other Daies and Times as well before as after upon himself did assume and to the aforesaid other Traiters did promise That he would be Aiding and Assisting in the Execution of their Treasons and Trayterous Compassings Imaginations and Purposes aforesaid and to fulfil perfect and reduce to effect those their most horrid Treasons and Trayterous Compassings Imaginations and Purposes aforesaid the same Algernon Sidney as a false Traytor then and there Falsely Maliciously Advisedly and Trayterously did send one Aaron Smith into Scotland to invite procure and incite divers evil disposed Subjects of our said Lord the King of his Kingdom of Scotland to come into this Kingdom of England to advise and consult with the aforesaid Algernon Sidney and the aforesaid other unknown Traytors in this Kingdom of England of Aid and Assistance to be expected and supplied from the Kingdom of Scotland to fulfil perfect and reduce to effect those their most Wicked Horrid and Traiterous Treasons aforesaid And that the aforesaid Algernon Sidney to fulfil and perfect those most Wicked Horrid and Devilish Treasons and Traiterous Compassings Imaginations and Purposes aforesaid And to perswade the Subjects of the said Lord the King of this Kingdom of England That it is lawful to make and stir up on Insurrection and Rebellion against the said Lord the King that now is the said Thirtieth day of June in the Five and Thirtieth year of the Reign of the said Lord the King that now is at the Parish of St. Giles in the Fields in the County of Middlesex falsely unlawfully wickedly seditiously and Traiterously did make compose and write and caused to be made composed and written a certain false Seditious and Traiterous Libell in which said False Seditious and Traiterous Libel among other things is contained as followeth in these English words viz. The Power Originally in the People of England is deligated unto the Parliament He the most Serene Lord Charles the Second now King of England meaning is subject unto the Law of God as He is a Man to the People that makes him a King inasmuch as He is a King the Law sets a measure unto that subjection and the Parliament Judges of the particular Cases thereupon arising He must be content to submit his interest unto theirs since He is no more then any one of them in any other respect then that He is by the consent of all raised above any other if He doth not like this Condition He may renounce the Crown but if he receive it upon that Condition as all Magistrates do the Power they receive and swear to perform it He must expect that the performance will be exacted or revenge taken by those that He hath betrayed And that in another place in the said false Seditious and Trayterous Libel among other things these False Seditious and Trayterous English Sentences are contained that is to say We may therefore change or take away Kings without breaking any Yoke or that is made a Yoke which ought not to be one the injury is therefore in making or imposing and there can be none in breaking it Against the Duty of his Allegiance against the Peace of the said now Lord the King His Crown and Dignity c. And against the Form of the Statutes in this Case made and provided c. How sayst thou art thou guilty of this High Treason whereof thou standest Indicted or not Guilty Col. Sidney My Lord I find here an heap of Crimes put together distinct in nature one from another and distinguished by Law and I do conceive My Lord That the Indictment it self is thereupon voyd and I cannot be Impeached upon it L. C. Iustice. We are not
instrumental to take away the life of any man that by Law his Life ought not to be taken away For I had rather many Guilty men should escape than one innocent man suffer The question is whether upon all the Evidence you have heard against the Prisoner and the Evidence on his behalf there is Evidence sufficient to Convict the Prisoner of the High Treason he stands charged with And as you must not be moved by the denyal of the Prisoner further than as it is backed with proof so you are not to be inveigled by any insinuations made against the Prisoner at the Bar further or otherwise than as the proof is made out to you But it is usual and it is a duty incumbent on the King's Counsel to urge against all such Criminals whatsoever they observe in the Evidence against them and likewise to endeavour to give answers to the Objections that are made on their behalf And therefore since we have been kept so long in this Cause it won't be amiss for me and my Brothers as they shall think fit to help your memory in the fact and discharge that Duty that is incumbent upon the Court as to the points of Law This Indictment is for High Treason and is grounded upon the Statute of 25 E. 3. By which Statute the compassing and imagining the death of the King and declaring the same by an Overt Act is made High Treason The reason of that Law was because at Common Law there was great doubt what was Treason wherefore to reduce that High Crime to a certainty was that Law made that those that were Guilty might know what to expect And there are several Acts of Parliament made between the time of Edward the Third and that of 1 M. but by that Statute all Treasons that are not enumerated by after Acts of Parliament remain as they were declared by that Statute of 25 E. 3. And so are Challenges and other matters insisted upon by the Prisoner left as they were at the time of that Act I am also to tell you that in point of Law it is not only the Opinion of us here but the Opinion of them that sate before us and the Opinion of all the Judges of England and within the memory of many of you That tho there be Two Witnesses required to prove a man Guilty of High-Treason yet it is not necessary there should be Two Witnesses to the same thing at one time But if two Witnesses prove two several Facts that have a tendency to the same Treason they are two Witnesses sufficient to convict any man of High-Treason In the Case of my Lord Stafford in Parliament all the Judges assisting it is notoriously known That one Witness to a Conspiracy in England and another to a Conspiracy in France were held two Witnesses sufficient to convict him of High-Treason In the next place I am to tell you That tho some Judges have been of Opinion that words of themselves were not an Overt Act but my Lord Hales nor my Lord Coke nor any other of the Sages of the Law ever questioned but that a Letter would be an Overt Act sufficient to prove a man Guilty of High-Treason For scribere est agere Mr. Sidney says The King is a Politick Person but you must destroy Him in His natural capacity or it is not Treason but I must tell If any man compass to Imprison the King it is High Treason so was the Case of my Lord Cobham and my Lord Coke When he says If a man do attempt to make the King do any thing by force and compulsion otherwise than he ought to do that it is High-Treason within that Act of 25 Eliz. III. But if it were an Indictment only for the Levying of War there must be an actual War Levied but this is an Indictment for compassing the Death of the King and the other Treason mentioned in that Act of Parliament for the Levying War may be given in Evidence to prove the Conspiracy the Kings Death For 't is rightly told you by the Kings Council That the imagination of a mans heart is not to be discerned but if I declare such my imagination by an Overt Act which Overt Act does naturally Evince that the King must be Deposed Destroyed Imprisoned or the like it will be sufficient Evidence of Treason within that Act. In the next place having told you what the Law is for Gentlemen 't is our Duty upon our Oaths to declare the Law to you and you are bound to receive our Declaration of the Law and upon this Declaration to inquire whether there be a Fact sufficiently proved to find the Prisoner Guilty of the High-Treason of which he stands Indicted And for that I must tell you what ever happens to be hearsay from others it is not to be applied immediately to the Prisoner but however those Matters that are remote at first may serve for this purpose To prove there was generally a Conspiracy to Destroy the King and Government And for that matter you all remember it was the constant rule and method observed about the Popish Plot first to produce the Evidence of the Plot in general This was done in that famous Ca●e of my Lord Stafford in Parliament Gentlemen I am also to tell you This alone does not at all affect the Prisoner at the Bar but is made use of as a circumstance to support the credibility of the Witnesses and is thus far applicable to the business before you That 't is plain by persons that don't touch the Prisoner at the Bar and I am sorry any man makes a doubt of it at this time of day that there was a Conspiracy to kill the King for after so full a proof in this place and in others and the Execution and Confession of several of the Offenders I am surprised to observe that the Prisoner at the Bar and some others present seem not to believe it But Gentlemen you hear the first Witness I speak of West He tells you he had the honour to be acquainted with Mr. Sidney and that he had Discourse with Walcot a person Convicted and Executed for this horrid Conspiracy Why says he he told me at my Chamber That they were not only the persons concerned but that there were other persons of great Quality that had their Meetings for the carrying on the Business in other places And Ferguson that was the Ring leader in this Conspiracy told him there was a Design of a general Insurrection it was once laid down but it is now taken up again There are other Councellors of great importance and he names among the rest the Prisoner at the Bar. Mr. West goes a little further and he tells you this says he He did not only tell me so but that there was a Design to conciliate a Correspondence with some persons in Scotland and they were to do it under the Cant of having business in Carolina There is Mr. Keeling he tells
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