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kingdom_n	king_n	lord_n	subvert_v	2,748	5	13.0585	5	true

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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

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

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

Libel we instance in some particular Words of it But we shall shew you that the whole Design of this Treatise is to perswade the People of England that it is lawful may that they have a right to set aside their Prince in c●se it appear to them that he hath broken the Trust laid upon him by the People Gentlemen he does use in that Treatise several Arguments drawn from the most Rebellious Times that ever were in England from the late Rebellion I must needs use that word notwithstanding the Act of Oblivion when a Gentleman shall now attempt to do those things for which he was pardoned then and from other Kingdoms where Rebellion hath been prosperous against Princes Then he falls to Reasoning and uses great Reason in the Case That all the Power of the Prince is originally in the People and applies that Discourse that the power of the King was derived from the People upon Trust and they had already declared the King had invaded their Rights and therefore he comes to argue they might assume that original power they had conferred And he tells the King that is no hard condition if he thinks it so he should lay down his Crown if not he threatens the condition would be exacted or otherwise should be revenged by those he had betrayed and who but this Gentleman and his Confederates that thought himself not only able to govern this Nation but many Monarchies should call him to account for it For he lays down this Principle That tho all the People do rise against their Prince it is no Rebellion The whole Book is an argument for the People to rise in Arms and vindicate their wrongs He lays it down That the King has no Authority to dissolve the Parliament but 't is apparent the King hath dissolved many therefore he hath broken his Trust and invaded our Rights And at last concludes with that passage laid in the Indictment We may therefore shake off our Yoke for 't is not a Yoke we submitted to but a Yoke by Tyranny that must be the meaning of it they have imposed on us Gentlemen if we prove all these matters to you I doubt not you will do right to the King and Kingdom and shew your abhorrence of those Republican Principles which if put in practice will not only destroy the King but the best Monarchy in the World Mr. Sol. Gen. Pray call Mr. West Who appeared Col. Sidney I pray one word my Lord before Mr. West be sworn I have heard my Lord Mr. West hath confessed many Treasons and I desire to know whether he is pardoned or no. L. C. J. I don't know that Col. Sid. My Lord how can he be a Witness then L. C. Just. Swear him for I know no Legal Objection against him He was a good Witness in my Lord Russel's Tryal Col. Sidney My Lord if another did not except against him 't is nothing to me Mr. North. Pray give an account to the Court of what you know of a general Insurrection intended in England Col. Sidney What he knows concerning me L. C. J. We will take care of that that no Evidence be given but what ought to be Col. Sid. Is it ordinary that he should say any thing unless it be to me and my Indictment L. C. J. Mr. Sidney you remember in all the Tryals about the late Popish Plot how there was first a general account given of the Plot in Coleman's Tryal and so in Plunket's and others I don't doubt but you remember it And Sir William Jones against whose Judgment I believe you won't object was Attorney at that time Mr. North. Mr. West What do you know of the general Insurrection lately designed Mr. West My Lord I have had the honor to know Collonel Sidney several years but I don't remember that I ever saw him from the time I came acquainted with any part of the Conspiracy till the Discovery that was at the Council Mr. North. Pray give an account of what you know of the Plot in general Mr. West My Lord in October last Captain Walcot came to me and told me that my Lord Shaftesbury had designed an Insurrection in November I used some Arguments to disswade him from it But a little afterwards he came and told me the thing was wholly disappointed and then it went off and my Lord Shaftesbury went for Holland Collonel Romsey afterwards about Christmass said there were some Lords and Gentlemen intended to make an Insurrection the persons were the Duke of Monmouth my Lord of Essex my Lord Howard my Lord Russel the Prisoner at the Bar and Mr. Hambden Junior After some time he told me they had altered their measures and were resolved not to venture upon an Insurrection in England till they had a concurrency in Scotland Afterwards I was not privy to any thing else but what I had the Report of from Mr. Nelthorp and Mr. Ferguson Mr. Nelthorp told me the Prisoner had said Col. Sidney My Lord I am very unwilling to interrupt the Gentleman Lord Chief Iustice. You must not interrupt the Witness Go on Sir Mr. West Mr. Nelthorp told me the Prisoner at the Bar had sent Aaron Smith into Scotland and given him a sum of mony to bear his Charges and sent Letters to some Scotch Gentlemen to invite them to Town The Letter bore a Cant of settling some business in Carolina but the business was coming up about the Insurrection After this Mr. Smith returned and some Scotch Gentlemen with him and soon after Mr. Ferguson gave an account of that Affair and said the Scotch proposed if they might have thirty thousand pounds in ready money they would undertake to make an Insurrection in Scotland without the concurrence of England He said this Proposal was agreed to and money would be soon ready and he said that Sheppard would return the money That the Arms were ready bought and my Lord of Argile would go into Scotland and head the Scots He told me when things were thus settled some difference arose about raising the money and at last he told me my Lord Gray did offer to raise ten thousand pounds out of his own Estate if the rest would pay their proportion Then the Scots came down to ' less but that would not be complyed with The places for the Rising were Bristoll Taunton York Chester Exeter London That there had been some Debates whether they should begin at London or the other places and at last it was resolved they should begin at London with the rest of the places My Lord this was the Account I had of the matter in general of Mr. Ferguson but he said they were disappointed Afterwards he told me the Prisoner at the Bar and Major Wildman were very instrumental in working of it off because they could not agree upon the Declaration to be made upon the Insurrection The English were for a Common wealth but the Scotch Gentlemen answered Fairly it might come to it in time but