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
or might be of putting them into a Commotion and how Men might be Raised and how they would fall under Argyle and also to keep Time and Place with us After this I was with Col. Sidney when he was going into London and he did take out several Guinnies I can't tell how much 't was I suppose they might be about Sixty and put them into his pocket and set me down at my Lodging which he said were to give Aaron Smith whether he gave it or no I don't know and after that he was sent Mr. Att. Gen. Who told you so Lord Howard Col. Sidney For I was inquiring of him and he said he had not heard of him in three Weeks or but once when he was about New Castle After this I had occasions that called me into the Country and there I was Some time after that I went to the Bath And this is all the Account I can give Mr. Soli. Gen. Do you know that Aaron Smith did go Lord Howard I know nothing but by hear-say Col. Sidney told me he was gone and was upon the Road and he heard from him about New Castle Lord Ch. Iust. Did you understand by the discourse after he was gone that he went in pursuance of that Debate L. Howard Yes my Lord That was the whole end of his going Mr. Just. Wythens I think you say that Gentleman speaking of Col. Sidney undertook to send him L. Howard Yes he did L. Ch. Just. Will you ask him any Questions Col. Sidney I have no Questions to ask him Mr. Att. Gen. Silence You know the Proverb The next step is to shew you my Lord that these persons came up immediately after Aaron Smith went down thither and according to that which was said to be the Shadow and Pretence of their coming hither they pretended they came about Carolina business Sir Andrew Foster and Mr. Blathwaite Sir Andrew Foster Sworn Mr. Att. Gen. Pray Sir give an account what Scotch Gentlemen came up lately Sir Andrew Foster My Lord About the end of the Spring or beginning of Summer as I remember these Gentlemen Sir John Cockram and Commissary Monro and the two Cambbels Father and Son came up hither I did not see the Father at all but I saw the Son the day of the Lord Russels Tryal but the other two I think I saw a little before the Discovery of the Plot. Mr. Att. Gen. What did they pretend they came about Sir Andrew Foster They pretended they came to make a Purchase in Carolina and I saw their Commission from the Persons said to be concern'd in that Design Lord Ch. Iust. Who do you speak of Sir Andrew Foster Sir John Cockram and Commissary Monro Mr. Att. Gen. As soon as the Rumour came of the Plot What became of those Gentlemen Sir Andrew Foster Sir John Cockram absconded but Commissary Monro never absconded and the Cambels I heard were seized changing their Lodging from place to place Mr. Atterbury Sworn Mr. Att. Gen. Mr. Atterbury Will you give my Lord and the Jury an Account what you know of these Scotch men their absconding and lying hid Mr. Atterbury My Lord Upon the latter end of June or the beginning of July the beginning of July it was I was sent for into London upon a discovery of some Scotch Gentlemen that lay about Black-Fryers and when I came down there there was the Common Sergeant and some others had been before me and found them making an escape into a Boat Mr. Att. Gen. Who were they Mr. Atterbury Sir Hugh Cambel and Sir John Cockram and one that was committed to the Gate-House by the Counsel as soon as brought thither Mr. Att. Gen. We shall end here my Lord How long had they been in Town Mr. Atterbury They had been in Town some little time Mr. Att. Gen. We have done with this piece of our Evidence Now to shew that while this Emissary was in Scotland at the same time the Colonel which will be another Overt Act of the Treason was VVriting a Treasonable Pamphlet I will call you the VVitnesses It is all of his own writings Sir Philip Lloyd Mr. Att. Gen. Sir Philip Lloyd Pray will you look upon those Papers and give my Lord and the Jury an account where you found them Sir Philip Lloyd I had a Warrant my Lord from the Secretary by the King and Council to seize Mr. Algernon Sidney's Papers and pursuant to it I did go to his House and such as I found there I put up I found a great many upon the Table amongst which were these I suppose it is where he usually writes I put them in a Pillowbear I borrowed in the House and that in a Trunk I desired Coll. Sidney would put his Seal upon them that there should be no mistake he refused so I took my Seal and Sealed up the Trunk and it was carried before me to Mr. Secretary Jenkins Office VVhen the Committee sate I was commanded to undo the Trunk and I did so and sound my own Seal upon it And I took the Papers out of the Bagg I put them into before L. Ch. Just. Was Col. Sidney present when you seized these Papers Sir Phil. Lloyd Yes Mr. Att. Gen. Are these some of those Papers Sir Phil. Lloyd Yes I verily believe it Mr. Att. Gen. In the next place I think we have some Papers of his particular Affairs which will prove his hand Call Mr. Sheppard Mr. Cooke and Mr. Cary. Mr. North. Sir Phil. Lloyd When were they Seized Sir Phil. Lloyd Towards the latter end of June my Lord. Iury-Man Which June Sir Phil. Lloyd Last June Mr. Sheppard Sworn Mr. Att. Gen. Pray will you look upon those Writings shewing the Libel Are you acquainted with Col. Sidney's hand Mr. Sheppard Yes My Lord. Mr. Att. Gen. Is that his hand Writing Mr. Sheppard Yes Sir I believe so I believe all these Sheets to be his hand Mr. Att. Gen. How come you to be acquainted with his hand Mr. Sheppard I have seen him write the indorsement upon several Bills of Exchange Mr. Cary Sworn Col. Sidney My Lord I desire you would please to consider this That Similitude of hands can be no evidence L. Ch. Just. Reserve your self till anon and make all the advantagious Remarks you can Mr. Att. Gen. Have you had any dealing with him Mr. Cary. I never saw him write to my knowledge more than once in my life but I have seen his Indorsement upon Bills and 't is very like that L. Ch. Just. Do you believe it is his hand as far as you can guess Mr. Cary. My Lord It is like what came to me for his Hand-writing L. Ch. Just. And you believe it to be his Hand Mr. Cary. Yes Mr. Cooke Sworn and the Papers shewn him L. Ch. Just. What say you Mr. Cooke Mr. Cooke My Lord I did never see Col. Sidney Write but I have seen several Notes that have come to me with Indorsement of his Name and we have
Howard let him if he please reconcile what he hath said now with what he said at my Lord Russel's Trial. There he said he said all he could and now he has got I do not know how many things that were never spoken of there I appeal to the Court whether he did then speak one word of that that he now says of Mr. Hambden He sets forth his Evidence very Rhetorically but it does not become a Witness for he is only to tell what is done and said but he does not tell what was done and said He says they took upon them to consider but does not say what one man said or what one man resolved much less what I did My Lord If these things are not to be distinguished but shall be jumbled all up together I confess I do not know what to say L. C. J. Take what liberty you please If you will make no Defence then we will direct the Jury presently We will direct them in the Law and recollect matter of Fact as well as we can Col. Sidney Why then my Lord I desire the Law may be reserved to me I desire I may have Council to that point of there being but one Witness L. C. J. That is point of Fact If you can give any testimony to disparage the Witness do it Col. Sidney I have a great deal to that L. C. J. Go on to it then Col. Sidney Then my Lord was there a War Levyed Or was it prevented Why then if it be prevented 't is not Levyed if it be not Levyed 't is not within the Statute so this is nothing to me L. C. J. The Court will have patience to hear you but at the same time I think 't is my duty to advertise you That this is but mispending of your time If you can Answer the Fact or if you have any mind to put any disparagement upon the Witnesses that they are not Persons to be believed do it but do not ask us Questions this way or t'other Col. Sidney I have this to say concerning my Lord Howard He hath accused himself of divers Treasons and I do not hear that he has his Pardon of any He is under the terror of those Treasons and the punishment for them He hath shewn himself to be under that terror He hath said That he could not get his Pardon until he had done some other jobbs till he was past this drudgery of swearing That is my Lord that he having incurred the penalty of High-Treason he would get his own indempnity by destroying others This by the Law of God and Man I think destroys a mans Testimony Besides my Lord he is my Debter he owes me a considerable summ of Money I lent him in time of his great necessity he made some Covenants with me for the payment of that Money which he hath broken and when his Mortgage was forfeited and I should take the advantage the Law gives me he finds out a way to have me laid up in the Tower He is a very subtle man At my Lord Russel's Tryal he carryed his Knife he said between the Paring and the Apple and so this is a point of great nicety and cunning at one time to get his own Pardon and at the same time to save his Money Another thing my Lord is when I was Prisoner he comes to my House and speaks with my Servant and says how sorry he was that I should be brought in danger upon this account of the Plot and there he did in the presence of God with Hands and Eyes lifted up to Heaven swear he did not believe any Plot and that it was but a Sham and that he was confident if I had known any thing I would have told it him He hath said somewhat of this before I have several Witnesses to prove both He was desirous to go further and he would not only pay my debt by his Testimony against me but he would have got my Plate and other Goods in my hands into his hands and he desired my Men as a place of trust to put them into his hands And the next news was that there was a Warrant against my Lord Russel and me But then my Lord he made other affirmations in the same presence of God that I was innocent in his opinion and he was confident of it for if he had known any thing of it he would have told it Now I know in my Lord Russel's Case there was Dr. Burnet said something like it And when he came to answer it he said he was to face it out and make the best of it he could Now he did face it out bravely against God but he was very timerous of Man So that my Lord he does say at the same time at my Lord Russel's Tryal upon his Oath That he did believe that the Religious obligation of an Oath did not consist in the formality of applying it to the place c. but in calling God to witness So that when he did call God to witness before Doctor Burnet and my Servant and others and this is not consistent with the Oath he has taken here as the Gentleman said at my Lord Russel's Tryal unless he has one Soul in Court and had another at my house these things are inconsistent and cannot be true and if he swear both under the Religion of an Oath he swears himself perjured Then my Lord he talks of Aaron Smith What have I to do with Aaron Smith He sayes I sent him my Lord there is no body else speaks a word of it Then by a strange kind of construction and imagination they will have it that some Papers here which are said to be found in my Study have relation to this Plot as they call it I know of none nor am in none Now my Lord I am not to give an account of these Papers I do not think they are before you for there is nothing but the similitude of Hands offered for proof There is the like Case of my Lady Carr some few years agoe She was indicted of Perjury and as 〈◊〉 against her some Letters of hers were produced that were contrary to what she swore in Chancery and her band was proved that is to say it was like it but my Lord Chief Justice Keâ—ing directs the Jury that though in Civil Causes it is a proof yet it is the smallest and least of proofs but in Criminal cases it was none at all So that my Lord Howard's testimony is single and what he talks of those two businesses that he calls a Consult and Aaron Smith is destroyed by want of proof What could six men do Can my Lord Howard raise five men by his credit by his purse Let him say as much for me with all my heart for my part I do not know 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 that was
I say this If I am not under the first Branch if not directly I can't be by Implication though I did make War I can't be said to Conspire the Death of the King because 't is a distinct Species of Treason and my Lord Coke says t is the overthrow of all Justice to confound Membra dividentia now if the making of War can't be understood to be a Conspiring the Death of the King then I am not guilty of this Indictment but heremy Lord is neither Conspiring the Death of the King nor making War nor Conspiring to make War Besides I say 't is not the best Mans Evidence here would be good in this Case because the Law requires two The next thing is the business of Aaron Smith which my Lord tells so imperfectly and so meerly conjectural that there is nothing in it but his Rhetorick in setting it out He tells you of a Letter sent with him but he does not tell you by whom writ what was in it or whether it was delivered or no So that I think we may lay that aside as the other as things nothing in them at all Then says Mr. Attorney These Scotch Gentlemen are come to Town I profess I never heard the Names of one of them till he named them to me in the Tower I have not sent my self nor writ a Letter into Scotland never since the Year 59 nor do I know one Man in Scotland to whom I can write or from whom I ever received one I returned into England in the Year 77 and since that time have not writ nor received a Letter from Scotland Then some Gentlemen came hither What is that to me I never saw one of the Cambells in my life nor Monro if any one can prove I have had Communication with them I will be glad to suffer Then here are Papers if any thing is to be made of them you must produce the whole for 't is impossible to make any thing of a part of them You ask me What other Passage I would have read I don't know a Passage in them I can't tell whether it be good or bad But if there are any Papers found 't is a great doubt whether they were found in my Study or no or whether they be not counterfeit but though that be admitted that they were found in my house the hand is such that it shews they have been writ very many years Then that which seems to be an account of the Sections and Chapters that is but a scrap and what if any body had my Lord either in my own hand or anothers found Papers that are not well justifiable Is this Treason Does this imagine the Death of the King Does this reach the Life of the King If any Man can say I ever printed a sheet in my life I will submit to any Punishment Many others my Lord they write and they write what comes into their heads I believe there is a Brother of mine here has forty Quire of Paper writtenby my Father and never one sheet of them was published but he writ his own mind to see what he could think of it another time and blot it out again may be And I my self I believe have burned more Papers of my own writing than a Horse can carry So that for these Papers I can't answer for them There is nothing in it and what Concatenation can this have with the other design that is in it self nothing with my Lords Select Counsel selected by no body to pursue the design of my Lord Shaftsbury And this Counsel that he pretends to be set up for so great a business was to be adjusted with so much fineness so as to bring things together What was this fineness to do taking it for granted which I don't This was nothing if he was a credible Witness but a few Men talking at large of what might be or not be what was like to fall out without any manner of intention or doing any thing They did not so much as inquire Whether there was Men in the Country Arms or Ammunition A War to be made by five or six Men not knowing one another not trusting one another What said Dr. Coxe in his evidence at my Lord Russel's Tryal of my Lord Russel's trusting my Lord Howard He might say the same of some others So that my Lord I say these Papers have no manner of coherence no dependance upon any such design You must go upon conjecture upon conjecture and after all you find nothing but only Papers never perfect only scraps written many years ago and that could not be calculated for the raising of the People Now pray what Imagination can be more vain than that and what Man can be safe if the King's Counsel may make such whimsical I won't say but groundless Constructions Mr. Attorney says the Plot was broken to the Scots God knows we were neither broken nor joined and that the Cambells came to Town about that time I was taken and in the mean time my Lord Howard the great Contriver of all this Plot who was most active and advised the business that consisted of so much fineness he goes there and agrees of nothing and then goes into Essex upon great important business greater then the War of England and Scotland to what purpose To look after a little pimping Mannour and what then Why then it must be laid aside and he must be idle five Weeks at the Bath and there is no inquiring after it Now I desire your Lordship to consider whether there be a possibility for any Men that have the sense of Porters and Grooms to do such things as he would put upon us I would only say this If Mr. Attorney be in the right there was a Combination with the Scotts and then this Paper was writ for those that say I did it say I was doing of it then and by the Notes there is work enough for four or five years to make out what is mentioned in those scraps of Paper and this must be to kill the King And I say this my Lord that under favour for all constructive Treasons you are to make none but to go according to plain proof and that these Constructive Treasons belong only to Parliament and by the immediate Proviso in that Act. Now my Lord I leave it to your Lordship to see whether there is in this any thing that you can say is an Overt Act of Treason mentioned in 25 E. 3. If it be not plainly under one of the two Branches That I have endeavoured to kill the King or Levyed War then 't is matter of Construction and that belongs to no Court but the Parliament Then my Lord this hath been adjudged already in Throgmorton's Case There is twenty Judgments of Parliament the Act of 13 Eliz. that says I should have some body to speak for me my Lord. L. C. Iust. We are of another Opinion Mr. Just. Wythins If you acknowledg the matter of
purpose they ingaged For they did very wisely consider If this be only to serve a turn and to make one Man great this will be a great hinderance in their Affair therefore they thought it was necessary to ingage upon a publick account and to resolve all into the authority of a Parliament which surely they either thought to force the King to call or otherwise that the People might call a Parliament if the King refused and so they to choose their own Heads But still they were upon this point That it was necessary for their Friends in Scotland to have their Counsels united with them and in order to that it was necessary to contrive some way to send a Messenger into Scotland to bring some Men here to treat and consult about it and Col. Sidney is the Man that does engage to send this Messenger and he had a man very fit for his turn that is Aaron Smith whom he could confide in and him he undertook to send into Scotland This Messenger was to fetch my Lord Melvin the two Cambells and Sir John Cockram Col. Sidney as he ingaged to do this so afterwards he did shew to my Lord Howard Money which he affirmed was for that business he says it was a Sum of about sixty Guinneys and he believes he gave it him for that Col. Sidney told him Aaron Smith was gone into Scotland That the Pretence was not bare-faced to invite them over to consult of a Rebellion but to consult about the business of Carolina being a Plantation for the Persecuted Brethren as they pretended in Scotland Gentlemen these Scotch-men that were thus sent for over they came accordingly that is the two Cambells and Sir John Cockram and the Discourse with Sir Andrew Foster was according to this Cant that was agreed on beforehand concerning a Plantation in Carolina This was that that was pretended for their coming hither but the true Errand was the business of the Insurrection intended Gentlemen that they came upon such a design is evident from the circumstances they came about the time the business brake out and in that time suspiciously changing their Lodging they were taken making their escape and this at a time before it was probable to be known abroad that these men were named as part of the Conspirators These things do very much verifie the Evidence my Lord Howard hath given and there is nothing has been said does at all invalidate in The sending of Aaron Smith into Scotland and his going and the coming of these men and their endeavouring to make their escape are mighty concurrent Evidences with the whole Evidence my Lord Howard has given Now What objections are made against this Evidence truly none at all Here are persons of great Quality have given their Testimony and they do not impeach my Lord Howard in the least but some do extremely confirm the truth of my Lord Howard My Lord Anglesey gives you an account of a discourse at my Lord of Bedfords That my Lord Howard came in and that my Lord Howard should there comfort my Lord of Bedford and enlarge in the Commendations of his Son and say he was confident he knew nothing of the Design and he must be innocent Gentlemen This is the nature of the most part of the Evidence My Lord of Clare his Evidence is much the like that is his denying that he knew of any Plot. Now here is my Lord Howard under a guilt of High-Treason for he was one of those Censpirators not yet discovered nor no Evidence of any discourse leading to any thing that should give occasion to him to protest his innocency and says he I know nothing of the Plot. You would have wondered if he should have been talking in all places his know ledg and declaring himself His denying of it under the guilt when he was not accused is nothing to his Confession when he comes to be apprehended and taken for it Here Mr. Philip Howard says he had several discourses with him about this business upon the breaking out of the Plot and that he advised him to make an Address and that this was a thing that would be very acceptable and very much for their vindication and my Lord Howard he says thanked him for his very good advice and said he would follow it and presently after when my Lord Russel was apprehended Mr. Howard tells him the news that my Lord Russel was apprehended this was sudden to him And what says he We are all undone When my Lord Russel that was one of this Counsel that was a secret Counsel and could not be traced but by some of themselves when he is apprehended then he falls out into this expression We are all undone This is an Argument my Lord Howard had a guilt upon him For why were they all undone that my Lord Russel was apprehended any more than upon the apprehending the rest Yes because my Lord was one of the six and now t was come to the knowing of that part of the Conspiracy It was traced to the Counsel of six which in all likelihood would break the neck of the Design Now tho he put it off afterwards saying I believe it is a Sham Plot yet this was but a trivial put off And then when Colonel Sidney is taken the same Witness Mr. Howard tells you my Lord was very sad and melancholy for then he had greater reason to lie under an apprehension of being detected Therefore Gentlemen this will rather confirm the truth of the Evidence than any way impeach it Then for I would repeat it all tho I think it hath no great weight in it Doctor Burnet says That after the Plot my Lord Howard pretended he knew of no Plot. This is no more than was testified by the other Lords before and all it imports is that my Lord did not discover himself to Doctor Burnet But I would fain know if my Lord had told Doctor Burnet had it not argued that he had great confidence in him that he thought him a man fit to be intrusted with such a secret and unless the Doctor desires to be thought such a man himself must own 't is no objection That my Lord Howard did not tell him Ducas's Testimony is no more neither That he protested he was innocent and believed Colonel Sidney was innocent and this was before my Lord Howard discovered any thing of this Plot. Then Colonel Sidney objects This is by malice my Lord Howard owes him mony and seeks to pay his Debts by taking away his Life and in further prosecution of this malice would have seized upon his Goods But the Evidence does not receive such construction for my Lord Howard only offered Colonel Sidney the civility of his House to protect his Plate and Goods Now Gentlemen there were two other Witnesses my Lord Paget and Mr. Edward Howard but they say no more than the rest of them that he did protest his innocency and Mr. Howard says he advised
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 â—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
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 câ—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