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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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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