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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

you too There was a Design for a general and publick Insurrection That he was present with the Good-enough's one and t'other and that they had taken upon them to divide and did divide the City into such and such districts And what was the business It was that there might be a general Insurrection might be an Insurrection not only to Destroy the King and the Duke but to Destroy all the Kings Loyal Subjects and in taking away their Lives to take away the Life of Monarchy it self and to Subvert the Religion Established by Law Then comes in Colonel Rumsey and he gives you an Account that he had heard of such things in Mr. West's Chamber and tells you he had received such Intelligence And all these give you an Account that there was such a Design to kill the King And this is the Substance of the general Evidence produced to prove the Conspiracy Then to make this Matter come home to the Prisoner at the Bar first my Lord Howard gives you an Account and does directly Swear That about the middle or latter end of January last he happened to meet with Colonel Sidney the Prisoner at the Bar and the Duke of Monmouth they were the Persons first began to have Discourse about this matter and how they met with a disappointment the thing had slept a great while and that it was fit it should be revived again and that Persons of Quality were mentioned who were to have an immediate care in the carrying on of the business and that it should not be divulged to too many accordingly there was my Lord Russel my Lord of Essex my Lord of Salisbury and Mr. Hambden named He tells you the Prisoner at the Bar undertook for my Lord of Essex and Mr. Hambden and he tells you the Duke of Monmouth undertook for my Lord Russel and the rest and that this was the Result of one Meeting He goes yet further That pursuant to this it was communicated to those persons so to be ingaged and the Place and Time was appointed the Place Mr. Hambden's House but is not so positive to the Time but onely to the Place and Persons He says all these Persons met and he gives you an Accompt That Mr. Hambden because it was necessary for some persons to break silence gave some short account of the design of their Meeting and made some reflections upon the mischiefs that attended the Government and what apprehensions many people upon the late Choice of Sheriffs and that there had been a Male Administration of Publick Justice That it was fit some means should be used to redress these Grievances He can't tell you positively what this man or that man said there but says that all did unanimously consent to what was then debated about an Insurrection and in order to it they discoursed about the time when it should be and that they thought fit it should be done suddenly while mens minds were wound up to that height as they then were and as the first Witness tells you There was a Consideration whether it should be at one place or at several places together He says then it was taken into consideration that this could not be carried on but there must be Arms and Ammunition provided The next step is about a necessary concern the concern of Money and therefore our Law calls Money The Sinews of War My Lord Howard tells you That the Duke of Monmouth proposed 25. or 30000 l. That my Lord Gray was to advance 10000 l. out of his own Estate but then they thought to make their Party more strong by the Assistance of a Discontented people in Scotland my Lord of Argyle and Sir John Cockram and several other people there to joyn with them That pursuant to this all they after met at my Lord Russels and the same Debate is Reassumed and among the rest this particular thing of conciliating a friendship with the Scotch the Cambels my Lord of Argyle and my Lord Melvin were particularly mentioned That Coll. Sidney took upon himself to find out a Messenger but it was my Lord Russel's part to Write the Letter One of the Messengers named to convey the fame was Aaron Smith he was known says my Lord Howard to some of us and then we all agreed that Aaron Smith was the most proper man Upon this they brake up that very time Afterwards comes my Lord Haward to Coll. Sidney at some distance of time and he comes to him and shews him Threescore Guineys and told him he was going into the City and that they were to be given to Aaron Smith He tells you after this That he had some other discourse about a fortnight or three weeks after with Coll. Sidney and that Coll. Sidney did take notice that he had sent him and that he had an account of him as far as Newcastle So that 't is very plain That it was not sudden and rash thoughts it is a little more than according to the language we meet with in some Pamphlets of late more than Heats and Stirs Gent. Then I must tell you here are Circumstances proved in pursuance of this Design for Sir Andrew Foster informs you how that Sir John Cockram and the Cambels and one Monro as I take it came to Town and that he had Discourse with some of them about their business of coming out of Scotland and he says they pretended it was about business of some Trade to Carolina which does still corroborate the Evidence He tells you likewise That there being a noise of discovering the Plot they begun to hide Sir John Cockram began to hide and sculk from place to place they came first with that Cant in their Mouths about Carolina The Messenger Atterbury tells you When they came to take these Men how they shuffled from place to place So Gent. I must tell you That if in case there be but One Witness to prove a direct Treason and another Witness to a Circumstance that contributes to that Treason that will make two Witnesses to prove the Treason Because I would explain my Mind Not long ago all the Judges of England were commanded to meet together and one that is the Senior of the Kings Councel was pleased to put this Case If I buy a Knife of I. S. to kill the King and it be proved by one Witness I bought a Knife for this purpose and another comes and proves I bought such a Knife of I. S. they are Two Witnesses sufficient to prove a man Guilty of High Treason and so it was held by all the Judges of England then present in the presence of all the Kings Councel And therefore Mr. Sidney is mightily mistaken in the Law For in case of any Treason except the Treason at the Bar or in Treason for Clipping and Coining one Witness is sufficient at this day Now Gent. Supposing all this should not be sufficient here is a Libel and it is a most Traiterous and Seditious Libel If you

Parliament or the Nobility and Gentry that composed it and when the Kings failed of their Duties by their own Authority called it The multitude therefore is not ever headless but doth either find or create heads unto it self as occasion doth requite and whether it be one man or a few or more for a short or a longer time we see nothing more regular than its motions But they may saith our Author shake off the Yoke and why may they not if it prove uneasie or hurtful unto them Why should not the Israelites shake off the Yoke of Pharaoh Jabin Sisera and others that oppressed them When pride had changed Nebuchadnezzar into a beast what should perswade the Assyrians not to drive him out amongst Beasts until God had restored unto him the Heart of a Man When Tarquin had turned the Legal Monarchy of Rome into a most abominable Tyranny why should they not abolish it And when the Protestants of the Low-Countries were so grievously oppressed by the power of Spain under the proud cruel and savage conduct of the Duke of Alva why should they not make use of all the means that God had put into their hands for their deliverance Let any Man who sees the present state of the Provinces that then united themselves judge whether it is better for them to be as they are or in the condition unto which his fury would have reduced them unless they had to please him renounced God and their Religion Our Author may say they ought to have suffered The King of Spain by their resistance lost those Countries and that they ought not to have been Judges in their own case To which I answer That by resisting they laid the foundation of many Churches that have produced multitudes of men eminent in gifts and Graces and established a most glorious and happy Commonwealth that hath been since its first beginning the strongest Pillar of the Protestant Cause now in the World and a place of refuge unto those who in all parts of Europe have been oppressed for the name of Christ Whereas they had slavishly and I think I may say wickedly as well as foolishly suffered themselves to be butchered if they had left those empty Provinces under the power of Anti Christ where the name of God is no otherwise known than to be blasphemed If the King of Spain desired to keep his Subjects he should have governed them with more justice and mercy when contrary unto all Laws both Humane and Divine he seeks to destroy those he ought to have preserved he can blame none but himself if they deliver themselves from his tyranny and when the matter is brought to that That He must not reign or they over whom he would reign must perish the matter is easily decided as if the question had been asked in the time of Nero or Domitian Whether they should be left at liberty to destroy the best part of the World as they endeavoured to do or it should be rescued by their destruction And as for the peoples being Judges in their own case it is plain they ought to be the only Judges because it is their own and only concerns themselves Mr. Att. Gen. The latter end the last sheet of all § 35. L. C. J. The argument runs through the book fixing the power in the people Cl. of the Cr. The general revolt of a Nation from its own Magistrates can never be called rebellion Mr. Att. Gen. § 37. Cl. of Cr. The power of calling and dissolving Parliaments is not in the King Mr. Att. Gen. So much we shall make use of if the Colonel please to have any other part read to explain it he may Then the Sheets were shewn to Col. Sidney Colonel Sidney I do not know what to make of it I can read it L. C. J. Ay no doubt of it better than any man here Fix on any part you have a mind to have read Colonel Sidney I do not know what to say to it to read it in pieces thus L. C. J. I perceive you have disposed them under certain heads To what heads will you have read Colonel Sidney My Lord let him give an account of it that did it Mr. Att. Gen. My Lord we will not delay Colonel Sidney from entring on his defence only we have this piece of Evidence to give further One of his Complices was my Lord Russel we will give in Evidence his Conviction We will only ask my Lord Howard Was your Lordship sworn as a Witness at the Tryal of my Lord Russel L. Howard Yes Mr. Att. Gen. Whether or no when you met were there in those debates any reflections upon the King that he had broken his duty L. Howard Not that I remember Mr. Att. Gen. Why would you rise L. Howard If you mean upon the misgovernment not personally upon the King Mr. Att. Gen. Ay. L. Howard Yes and principally and chiefly that which we thought was the general disgust of the Nation the imposing upon the City at that time Mr. Iust. Wythins That was complained of at that time L. Howard Yes my Lord We took it all along to be the chief grievance L. Ch. Iust. Have you any more Witnesses Mr. Att. Gen. Only the Record Mr. Sol. Gen. I know there is no time mispent to make things clear If the Jury have a mind to have the words read again L. Ch. Iust. If they have a mind let it Then Mr. Trinder was Sworn and testified it to be a true Copy of the Record and said he examined it at Fishmongers-Hall with Mr. Tanner Then the Record of the Conviction of the Lord Russel was read L. Ch. Iust. What will you go to next Mr. Attorney Mr. Sol. Gen. We have done unless the Jury desire to have the words of the Libel read again But they did not Col. Sidney My Lord I desire to know upon what Statute I am Indicted Mr. Att. Gen. My Lord I will give as plain an Answer You are Indicted upon the old Statute of 25 E. 3. Col. Sidney Then I desire to know upon what branch of that Statute Mr. Att. Gen. Why I will acquaint you 'T is upon the first branch of that Statute for Conspiring and Compassing the Death of the King Col. Sidney Then I conceive what does not come within that does not touch me Mr. Att. Gen. Make what Inferences you please Colonel we will answer you Col. Sidney I desire to know what the Witnesses have sworn against me upon that point Mr. Att. Gen. Go on You have heard the Witnesses as well as we L. Ch. Iust. He says You are Indicted upon the Statute of 25 E. 3. which Statute makes it High Treason to Conspire the Death of the King and the Overt Act is sufficiently set forth in the Indictment now the Question is whether 't is proved Col. Sidney They have proved a Paper found in my Study of Caligula and Nero that is Compassing the Death of the King is it L. C. J.

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

the Noblemen there would not agree to it at present As to the Prisoner in particular I know nothing and did never speak with him till since the Discovery Mr. Att. Gen. Collonel Romsey Sworn Mr. North. Pray Sir will you give the Court an account of what you know of any Insurrection intended and how they designed to carry it on Col. Romsey My Lord the latter end of October or beginning of November I was desired by my Lord Shaftesbury to go to Mr. Sheppards to know of the Gentlemen that were met there what was done about the Rising intended at Taunton and I had their answer that Mr. Trenchard had fail'd them and that it must cease for that time That was all at that time Mr. Sol. Gen. What else do you know of any Insurrection afterwards Col. Romsey After that we had several meetings at Mr. West's Chamber where we had divided the City into twenty parts and seven parts Mr. Goodenough had brought an account of the other thirteen he said nothing of for he had not spoke with those that were to tell him how many men they would afford There was there Captain Walcot Mr. West the two Goodenoughs Mr. Borne Mr. Wade and my self L. C. J. What was the Result of those Debates Col. Romsey To see what number of men they could produce in the City for the Insurrection L. C. J. Was there a Rising designed Col. Romsey Yes L. C. J. And did these people meet Col. Romsey There was no time set Mr. Sol. Gen. When was the meeting Col. Romsey There were several meetings in March and April and May. Mr. Sol. Gen. After the meeting at Sheppards Col. Romsey Yes a great while It ceased I think six weeks or three months L. C. J. Who did you meet with at Mr. Sheppards Col. Romsey There was the Duke of Monmouth my Lord Gray my Lord Russel Sir Thomas Armstrong Mr. Ferguson and Mr. Sheppard Mr. Sol. Gen. Who did you expect should head this Army Col. Romsey That was never said any thing of Mr. Att. Gen. Who were to manage the Rising Col. Romsey We that met there Mr. Att. Gen. Had you no expectation of great men Col. Romsey Mr. West told me and Mr. Goodenough that there was a Council which were the Duke of Monmouth my Lord Essex my Lord Howard Collonel Sidney Mr. Hambden and my Lord Russel there was Six L. C. J. What did he tell you of them six Col. Romsey He told me they were managing a Business with Scotland Lord Chief Iustice. A Business pray speak plain tell all you know Col. Romsey For the Insurrection L. C. J. Say so then we know nothing of the Business you were about Col. Romsey My Lord Mr. West had that Discourse with my Lord Howard I never had he is more fit to speak to that than me L. C. J. Speak your own knowledge and no more Mr. Jones After the death of my Lord Shaftesbury who were the Managers and were to carry it on Col. Romsey I told you Mr. West and Mr. Goodenough did tell me the Duke of Monmouth my Lord Essex Mr. Att. Gen. He told you so before Do you know there was an Insurrection then intended Col. Romsey Yes because we met towards the management of it the company that met at Mr. West's Chamber and other places Mr. Att. Gen. What discourse had you with Mr. Ferguson about it Col. Romsey Not about those Gentlemen Mr. North. The next thing we shall shew shall be that the Scotch men came to Town Col. Sidney My Lord I must ever put you in mind whether it be ordinary to examine men upon Indictments of Treason concerning me that I never saw nor heard of in my life L. C. J. I tell you all this Evidence does not affect you and I tell the Jury so Col. Sidney But it prepossesses the Jury Mr. Keiling called and sworn Mr. Att. Gen. I ask you in general what you know of the Risign to have been last Spring Mr. Keiling My Lord It was some time last Summer Mr. Goodenough came to me and brought me three Papers numbred on the back-side I asked him to what end he delivered them me he told me One was for my self and I was to deliver the other Two to whom I could Trust in the two Divisions I asked him What was the Design he said To Raise Men sayes I Do you design a general Insurrection He said if he did not if the King was taken off this would do well for then People would know how to have recourse to a formidable Body And I have heard him say That Collonel Sidney whom I don't know had a considerable part in the management of that Affair Mr. Att. Gen. We Charge him with Conspiring and there must be Confederates in the Case Now then we come to the Prisoner We will call my Lord Howard that was one of the Persons that did Consult The Lord Howard Sworn Mr. Att. Gen. Pray acquaint my Lord and the Jury of your knowledge of what Transactions there have been with the Prisoner about this Affair of the general Rising Lord Howard Truely my Lord In the entring of the Evidence I am about to give I cannot but observe what a natural uniformity there is in Truth For the Gentleman that have been before have so exactly instanced in every particular with what I have to say that two Tallys could not more exactly fall into one another though I confess I had not seen their Faces till the Plot brake out for some Months before My Lord and Gentlemen of the Jury About the middle of January last it was considered by some of us that met together That it was very necessary and expedient to an Enterprise that had been long in hand and fallen flat then that it should be revived by some Consult or Caball that should be set up to give Life to it and Governance to the Motions of it The first for ought I know Movers of this were the Duke of Monmouth the Gentleman at the Bar and my Self And there we did agree That we should bethink our selves of some few we were willing it should not exceed Five at the most Seven This Agreement being at first between us Three I remember the Duke of Monmouth undertook to ingage my Lord Russel and my Lord Salisbury and this Gentleman Collonel Sidney for my Lord of Essex and Mr. Hambden and these being put together did presently constitute a little Caball of as great a Number as was intended This being setled among them it was within a few dayes after I can't certainly tell when but between the middle and latter end of January that I was told That the Persons had agreed to enter into this Conjunction of Counsels and in order to that they had appointed a Meeting at Mr. Hambden's House to which I was invited This in time was between the middle and latter end of January but I can't tell exactly When we came there there was all those Gentlemen