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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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still believe that Popery was breaking in upon the Nation and that those who advance it will stop at nothing and declared his sorrow that so many Protestants gave their helping hand to it But he declared his hope that God would preserve the Protestant Religion and the Nation though he feared it would fall under very great Tryals and sharp Sufferings That the bare-fac'd Prophaneness and Impiety in the Nation gave Reason to fear the worst things that could befal a People He prayed God to prevent it and give those who shewed concern for the publick good and appear'd hearty for the Protestant Religion Grace to live so that they might not cast a reproach on that which they endeavoured to advance which he declared had often given him many sad thoughts As to his condition he said he had no repining in his Heart at it and did freely forgive all the World particularly those concerned in taking away his Life and conjured his Friends to think of no Revenge but to submit to the holy will of God. He declared as to his appearing in the business of the Bill of Exclusion that he thought the Nation in such danger of Popery and that the expectation of a Popish Successor put the King's Life in such danger that he saw no way so effectual to secure both as that Bill and that he thought his earnestness in that matter had no small influence in his present Sufferings As to his conspiring to seize the Guards the Crime for which he was condemned and which was made a constructive Treason to take away the King's Life to bring it within the Statute of Edward 3. His Lordship gave this account That he never was at Shepherd's but once and that there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some discourse there was about the feasableness of it and he heard it several times by accident in general discourse elsewhere but never consented to it as fit to be done That the Duke of Monmouth exclaimed against it and his Lordship said that he ever observed in him an abhorrence of all base things He thanked God that his part was sincere and well meant he observed that it was inferred that he was acquainted with the Heats and ill Designs of some great Men and did not discover them but that that was but misprision of Treason at most and so he dyed innocent of the Crime he stood condemned for and hoped that no body would imagine that so mean a thought could enter into him as to go about to save his Life by accusing others The part that some had acted lately of that kind had not been such as to invite him to love Life at such a rate He declared that he could not but think the sentence upon him very hard for nothing was sworn against him whether true or false but discourses about making some stirs That by a strange fetch the story of seizing the Guards was construed a design of killing the King and so he was cast in that He prayed God not to lay it to the charge of the King's Counsel the Judges Sheriffs or Jury That for the Witnesses he pittied and wished them well and should not reckon up the particulars wherein they wronged him but had rather their own Consciences should do that to which and the mercies of God he left them His Lordship added that from the time of chusing Sheriffs he concluded that the heat in that matter would produce something of this kind and that he was not much surprized to find it fall upon himself and wished that his Blood might satiate some Peoples Revenge He wished those Gentlemen of the Law who have great readiness in speaking would make more Conscience in the use of it and not run Men down by strains and fetches and impose on easie and willing Juryes to the ruin of innocent Men for to kill by forms and subtilties of Law is the worst sort of Murder He further wished that the rage of hot Men and the partiality of Juries might be stop'd with his Blood and said he should offer it up with more joy if he thought he should be the last to suffer in such a way He then concluded thus The Will of the Lord be done into whose Hands I commend my Spirit and trust that thou O most merciful Father hast forgiven me all my Transgressions The Sins of my Youth and all the Errors of my past Life and that thou wilt not lay my secret Sins to my Charge but wilt graciously support me during that small part of my Life now before me and assist me in my last Moments and not leave me then to be disordered by Fear or any other Temptation but make the light of thy Countenance to shine upon me For thou art my Sun and my Shield And as thou supportest me by thy Grace so I hope thou wilt hereafter crown me with Glory and receive me into the Fellowship of Angels and Saints in that blessed Inheritance purchased for me by my most merciful Redeemer who is I trust at thy Right hand preparing a place for me Into whose Hands I commend my Spirit Notes upon the Tryal of the honourable Algernon Sidney Esq upon an Indictment for conspiring the Death of the King and intending to raise a Rebellion Before the Lord Chief Justice Jeffrys Justice Wythens Justice Holloway and Justice Walcot at the King's-Bench upon the one and twentieth of November 1683. THis honourable Person Colonel Sidney having been long Imprisoned in the Tower without any prosecution brought his Habeas Corpus for the obtaining his liberty upon which being brought to the King's-Bench upon the 7th of November the Atturney General upon the sudden clapt an Indictment of Treason upon him to which he was instantly compelled to plead Upon the 21st of November he was brought to Tryal and this Jury pack'd by Graham and Burton was sworn upon him viz. John Aunger Carpenter Richard White William Lyn Laur. Wood Adam Andrews Emery Arguise Josiah Clerk George Glisby Nicolas Baxter Horse Rider William Reeves William Grove Cheesmonger John Burt. The King's Counsel were Sr Ro. Sawyer Attorney General Mr Finch Solicitor General Mr North Mr Dolben and Mr Jones The Indictment opened by Mr Dolben was to this effect That the Prisoner with others conspired the death of the King and to levy War in the Kingdom and sent one Aaron Smyth into Scotland to excite some to come from thence and to consult upon assistance to carry on those designs And that the Prisoner to perswade the People that it was lawful to raise Rebellion did cause a seditious Libel to be written containing expressions That the power is originally in the People c. Note the Indictment did not charge the Prisoner with publishing the Papers which was ever till now done when Libels have been made Criminal but their proof in this case would not come up to publishing Then the Attorney
General thunders thus against him The Prisoner is indicted of the highest Crimes the conspiring the King's Death and the overthrow of the Monarchy There is no English-man but does believe that for several years a Design was laid and to that end secret Instructions were made use of and Libels spread to perswade the People that the King was introducing Arbitrary Power Ay so he was and so were his Judges and Council at Law that he subverted their Rights and Liberties c. a sad truth They endeavoured to make the World believe the King was a Papist So they did and his Dear and Royal Brother cleared up that Point soon after his Death And then there was a Design of an open Rising This Gentleman's Head and Heart was entire in this Service he was at this very time preparing a most Seditious and Trayterous Libel To perswade the People that it is Lawful nay that they have a Right to set aside their Prince in case it appears that he hath broken the Trust laid upon him by the People He uses great Reason in the Case That the Power of the Prince is Originally in the People and that the King's Power was derived from the People upon Trust most horrid Heresie and they might assume the Original Power they had conferred c. After this Harangue to pre-possess the Jury Mr West Col. Romsey and Keeling were called and told long Stories of Consultations Plots and Resolutions without offering one Word of Evidence against Colonel Sidney Then the Lord Howard told his long History of the Plot that being ended They gave in Evidence some scraps of a Manuscript found in the Colonel's Study and read three or four Paragraphs to the judicious Jury whereof I shall here give the Reader a touch When Pride had changed Nebuchadnezar 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 hath 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 into 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 Common-Wealth 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 otherwise they had Slavishly and I think I may say Wickedly as well as Foolishly suffered themselves to be Butchered they had left those 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 had desired to keep his Subjects He should have Governed them with more Justice and Mercy When contrary to 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 The general Revolt of a Nation from its own Magistrates can never be called Rebellion The Papers being read Mr Solicitor doubting surely the Capacity of the intelligent Jury to judge of these Notions upon the first hearing said that no time was mis-spent to make things clear and that the Jury might have the Words read again if they had a mind to it and he repeated that offer to them but the Gentlemen better understanding the work of the day then the Treatise did not desire a repetition of the Words The Prisoner here said They have proved a Paper found in my Study of Domitian and Nero that is compassing the death of the King is it Whatever my Lord Howard is of whom I have enough to say by and by he is but one Witness and there ought to be two Witnesses to the same thing Let my Lord Howard reconcile what he has said now with what he said at my Lord Russell's Tryal if he pleases there he swore he said all he could and now he has got I know not how many things that never were spoken of there He hath accused himself of divers Treasons and is under the terror of punishment for them and would get his own Indempnity by destroying others He owes me a great sum of Money and when I should take the advantage of the forfeit of his Mortgage he finds a way to have me laid up in the Tower this is a point of great cunning at once to get his Pardon and save his Money He was desirous to go further and would have got my Servants to put my Plate and Goods into his hands He made affirmations in the presence of God that I was innocent in his opinion and he was confident of it I know in my Lord Russell's Case Dr Burnet testified something like this and when my Lord Howard came to answer it he said he was to face it out Now he did face it out bravely against God but was very timerous of Man I am to give an account of these Papers which they would piece and patch to my Lord Howard's discourse and by a strange kind of construction and imagination make to have relation to this PLOT as they call it I know of none They offer no proof but similitude of Hands Some years ago the Lady Car was indicted of Perjury and as evidence some Letters of hers were produced that were contrary to what she swore in Chancery and it was proved to be like her hand but Chief Justice Keeling directed the Jury that this was the smallest and least of proofs in Civil Causes but in Criminal it was none at all So that my Lord
Howard's Testimony is single As to the Consult he talks of What could six Men do Can my Lord Howard raise five Men by his credit By his Purse For my part I knew not where to raise five Men. That such Men as We are that have no Followers should undertake so vast a design is very unlikely And this great design thus carried on had neither Officers nor Souldiers no Place no Time no Money for it This is a pritty Cabal and a very deep maintaining of the Plot. Then the Prisoner called the Earl of Anglesey the Earl of Clare Capt Philip Howard Dr Burnet Mr Joseph Ducas Lord Paget and Mr Edward Howard who all testified that the Lord Howard had frequently with great asseverations and calling God to Witness affirmed that he knew of no Plot and that he was confident of Colonel Sidney's Innocence Mr Blake proved that my Lord Howard told him that he could not get his Pardon till he had past the drudgery of Swearing Mr Ducas Grace Tracy and Elizabeth Penwick proved that the Lord Howard came to the Colonel's House and being told that he was taken away to the Tower for the Plot He took God to witness he knew nothing of it and believed the Colonel did not and he then desired that the Colonel's Plate and Goods might be sent to his House to be secured Then Mr Wharton offered to imitate those Sheets of paper so that they should not know which was which but the Court did not regard it Now Mr Solicitor in his wonted luxuriant way of talking Men to Death falls upon the Prisoner and jumbles things thus together in his Address to the Jury Gentlemen We go about to prove the compassing and imagining the Death of the King by the Prisoner's consulting how to raise Armes and by plain matter in writing under his hand where he does affirm it is lawful to take away and destroy the King A strange Suggestion no way warranted by the reading the Papers and he then proceeds in the same way to insinuate many things against the Prisoner which no way affected nor reached him by the Evidence given He then comes to the Papers and sayes Compassing and imagining the Death of the King is the Act of the mind and when once there is an Overt Act that is a thing that manifests such intention Then the Law takes hold of it Now after this Evidence which the Reader will remember was only the Lord Howard's Swearing I think no Man will doubt whether it was in the heart of the Prisoner to destroy the King here is an avowed principle of Rebellion Establisht upon the strongest reason he has to back it Gentlemen speaking to the Carpenter and his Fellows most competent Judges of such a Book This with the other Evidence that has been given will be sufficient to prove his compassing the Death of the King This Book is another and more than two Witnesses against him 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 to rise in Arms if the King break his Trust and in effect he has said the King has 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 of the Government Some Men may by passion be transported into such an offence in them it is less dangerous but it is this Gentleman's principle Gentlemen This is the more dangerons 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 to depose Kings they breaking their Trust and that the Revolt of the whole Nation cannot be called Rebellion It will be a very sad * But late Experience refutes his Opinion and we now see 't is a very happy Case 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 We think We have plainly made it out that is was the Imagination of his heart to Destroy the King. Hereupon Colonel Sidney said My Lord We have had a long story I desire Mr Solicitor would not think it his Duty to take away Mens Lives any how My Lord Coke and Lord Hales were both of Opinion That the Overt Act of one Treason is not an Overt Act of another Hales saith Compassing by bare words is not an Overt Act Conspiring to levy VVar is no Overt Act. Then the Chief Justice concluded with a long Repetition of what he pretended had been given in Evidence and said that though some Judges had been of opinion that Words of themselves were not an Overt Act yet 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 Treason for Scribere est Agere Gentlemen I must tell you that in Case there be but one Witness to prove a direct Treason and another to prove a circumstance that contributes to that Treason That will make two Witnesses to prove the Treason Here is a most trayterous Lybel if you believe that Colonel Sidney writ it No Man can doubt but it is a sufficient Evidence that he is guilty of Compassing and Imagining the Death of the King I must mind you that this Book contains all the Malice and Revenge and Treason that Mankind can be guilty of This is made use of by him to stir up the People to Rebellion yet by the way it was not so much as pretended that Colonel Sidney had published the Book or shown it to any Mortal So 't is not upon two but upon greater Evidence then two and twenty if you believe this Book was writ by him Next I must tell you upon I think a less Evidence the Lord Russel was Convicted and Executed An excellent Argument that having then tasted Noble Blood they must go on to drink their fill of it 't is to be lamented that such Miscreants have not been dismissed the World as the famous Scythian Queen Tomyris did the Persian Tyrant with a Satiate vos Sanguine quem sitistis Proditores Patriae et dedecus humani generis This Doctrine thus powerfully insinuated to the well disposed Jury a pack of meer Tools to eccho back the pleasure of the Judge procured a Guilty to be without difficulty brought in upon this Great and Noble Person It being hereupon demanded of him what he had to say why Judgment of Death should not be given against him He said that he had had no Tryal he was to be Tryed by his Country and he did not find his Country in the Jury that tryed him There were some of them that were not Freeholders and there is
he thought fit he added That my Lord Russell had made several Objections and then he pretended to answer them and in doing it said That their Consultation was to seize the King's Person and bring him into their power and that to design to bring the King into their power only till he had consented to such things as should be moved in Parliament was equally Treason as if they had agreed directly to Assassinate him That therefore the Jury were to consider nothing but to see that the fact be fully proved and he saw nothing said by my Lord that doth invalidate the Evidence He went on thus That the last Objection to which a great many Persons of Honour and Quality had been called was That my Lord Russell being a man of Honour Vertue and so little blamable in his whole Conversation 't was not likely he should be guilty of any thing of this kind This he confessed to have weight in it but then he bad the Jury consider that he was but a man and that Men fall by several Temptations some out of Revenge some by Malice fall into such Offences as these my Lord is not of this Temper but Gentlemen there is another great and dangerous Temptation that attends people in his Circumstances whether it be Pride or Ambition or the cruel snare of Popularity being cryed up as a Patron of Liberty This is the only way to tempt Persons of V●rtue and the Devil knew it when he tempted the Pattern of Vertue Tho' he be a Person of Vertue I am afraid these Temptations have prevailed upon my Lord for I cannot give my self any colour of Objection to dis-believe all these Witnesses I see no Contradiction no Correspondence no Contrivance at all between them you have plain Oathes before you and I hope you will consider the weight of them and the great Consequence that did attend this Case But under his favour these celebrated VVitnesses were at Bargain and bought their own lives at the price of this Noble Lord's Blood. the overthrow of the best Government in the World and the best and most unspotted Religion which must needs have suffered The greatest liberty and the greatest security for Property that ever was in any Nation bounded every way by the Rules of Law and those kept sacred I hope you will consider ☞ the weight of this Evidence and consider the Consequences such a Conspiracy might have had Then Jefferies to Insinuate this Noble Lord's Guilt argued thus Had not my Lord of Essex been conscious of his being guilty of desperate things he would scarcely have brought himself to that untimely End to avoid the methods of publick Justice I am sorry to find that there have been so many of the Nobility of this Land that have lived so happily under the benigne influence of a Gracious Prince should make so ill returns Gentlemen whereas that Noble Lord says he hath a vertuous good Lady he hath many Children he hath Vertue and Honour he puts in the Scale I must tell you on the other side you have Conscience Religion you have a Prince and a most merciful one too Consider the Life of your Prince the Life of his Posterity the Consequences that would have attended if this Villany had taken effect What would have become of your Lives and Religion What would have become of that Religion we have been so fond of preserving You have your Vnderstandings your Wives and Children let not the Greatness of any man Corrupt you Then the Lord Chief Justice directing the Jury told them after he had repeated the evidence that the Question before them was whether they did believe my Lord Russell had any design upon the King's Life to destroy the King to take away his Life and that that was the material part there you have not evidence in this Case as there was in the other matter that was tryed in the morning or yesterday against the Conspirators to kill the King at the Rye This is an Act of contriving Rebellion and an Insurrection and to seize the Guards which is urged as an evidence and surely is in it self an evidence to seize and destroy the King If you believe the Prisoner at the Bar to have conspired the death of the King and in order to that to have had these Consults then you must find him guilty of this Treason laid to his Charge The Court then adjourned and at their sitting again in the Afternoon the Jury brought in their Verdict that my Lord Russell was Guilty I shall here to refresh the Readers memory subjoyn some brief Heads of the dying Speech of this great and invaluable Person a Martyr for the true Religion and the Liberties of his Country He thanked God that he found himself so composed and prepared for Death and his thoughts so fixed on another World that he hoped in God he was quite weaned from setting his heart on this He blessed God for the many Blessings of his Life That he was born of worthy good Parents and had the advantages of a Religious Education which he had look'd upon as an invaluable Blessing for when he minded it least it still hung about him and gave him checks and that he now in his extremity found such happy effects of it that the fear of Death had not been able to discompose him That he had lived and now dyed of the Reformed Religion a true sincere Protestant and in the Communion of the Church of England tho' he could never rise up to all the heights of some People He wished the removal of all our unhappy differences and that all sincere Protestants would consider the danger of Popery and lay aside their Heats and agree against the Common Enemy That the Church-men would be less severe and the Dissenters less scrupulous He declared that he look'd upon Popery as an Idolatrous and bloody Religion and therefore thought himself bound in his station to do all he could against it and soresaw that he should procure such great and powerful Enemies to himself that he had been for some time expecting the worst and blessed God that he fell by the Ax and not by the fiery Tryal That yet he never had a thought of doing any thing against Popery basely or inhumanly but what could well consist with the Christian Religion and the Laws and Liberties of the Kingdom That he had always loved his Country more than his Life and never had any design of changing the Government and would have ventured his Life to preserve it and would have suffered any extremity rather than have consented to any design to take away the King's Life and that no Man ever had the Impudence to propose so base and barbarous a thing to him That he sincerely prayed for the King that he might be happy both here and hereafter He took God to witness that in the prosecution of the Popish Plot he proceeded in the sincerity of his Heart that he did