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A38870 An Exact account of the tryal of Algernoon Sidney who was tryed at the Kings-Bench-Bar at Westminster this present Wednesday, being the twenty fifth of November for conspiring the death of the King, and His Royal Highness, of which he was convicted Sidney, Algernon, 1622-1683, defendant.; England and Wales. Court of King's Bench. 1683 (1683) Wing E3588; ESTC R31465 3,100 4

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An Exact ACCOUNT of the TRYAL OF Algernoon Sidney Esq Who was Tryed at the Kings-Bench-Bar AT WESTMINSTER This present Wednesday being the twenty first of November for Conspiring the Death of the King and his Royal 〈◊〉 of which he was Convicted THe Cou●t being 〈◊〉 My Lord Chief Justice Mr. Justice 〈◊〉 Mr. Justice Holloway Mr. Justice VValcot sitting ●n the ●ench and the usual O ye● being made the Jury was called Mr. Sidney would have challenged some because they were no ●rueholder● but my Lord Chief Justice told him 〈…〉 no Exception and that 〈◊〉 Case had been several times o●er-●●led and particularly ●●n my ●ord ●ussels Case so that he was forced to Acquie●● and after having excepted against several without shewing 〈◊〉 at last ●he Jury was Empannelled and the ●●dgement ●eing 〈…〉 m●st El●gantly and Legally opened by the Kings learn●● 〈…〉 the witnesses was called for the King The first that was called was Mr. VVest who be●●● to discourse and prove the Plot in General● but Mr. Sidney taking Exceptions at this way of proceeding my Lord Chief Justice told him it had been the ordinary way of the Court and particularly in the Tryal of the 5 Jesuits so the Evidence proceeded and afterwards did particularize 〈◊〉 though himself did hold no Correspondence with the Prisoner at the Bar yet he was often told by Captain Walcot th●● he was a●●ain ●ngl●e in the contriving of all and providing of ●rms The next appeared for the King was Collonel ●umsey who gave much what the same Evidence in Ceneral and particularly that Mr. Sidney was a great Contriver Then was called Mr. Keeling the first Discoverer he s●oke first to the Plo● in General and said in particular towards the la●●er end of his Evi●ence that he heard from others that Mr. Sidney was all a long in the Plot. The fourth and last Evidence for the King was the Lord Howard of Escriek he swore in particular that Mr. Sedney had often si●ten in 〈◊〉 with other ●●e where they debated the means to Kill the King New 〈◊〉 the Goverment and that he was b● when a Traytorous Letter was writ to invite their Bretheren of Scotland and to shake of Monarchie and particularly my Lord Howard evidenced that Mr. Sidney undertook to send the Letter and that Aron Smith was imployed by Mr. Sidney in this business This was ●he sub●●a●ce of what my Lord Howard deposed as to the Prisoner ●t the 〈◊〉 Then the Kings Council produced a most vir●lent and treacherous Libel that was seized on in Mr. Sidney's Hous● when he was apprehended Mr. Adderbury the Messenger appeared in Court att●●t●d in that i● was taken there and Sr. Philip Lloyd attested it was the same that was before the King and Council Then was called one Mr. Cook Goldsmith and another Ci●izen his Part●●● they said they had often dealt with Mr. Sidney and had seen several Letters written with his own hand and they were fully satisfied that the abovementioned Pamphlet was written by the same hand that they were used to receive were Written The substance of the Pamphlet was that the Sovereign power was in the People and that the King was but only the peoples Trustee and that if he would it was true they said he might depose himself and if he would not they might by force depose him and chastise him for misgoverment and that if they proceeded to depose the King they did not break their Oath 's because the King had no Authority to impose such an oath and that the Parliament were the Judges when the King did amiss and ought to be dethroned and that his present Majesty had fallen under these circumstances and that was ●he reason they had to justifie themselves in their proceedings and so to draw in the Mobile it was a very large Pamphlet and took a great deal of time there were several of the most seditious cla●s●s of this wicked Pamphlet inserted in the Indictment The Kings Council having done with their Evidence and clearly proved the Pamphlet upon Mr. Sidney he was permitted with all the Freedom immaginable to make his defence which was very long and not the least interrupted the Count giving him all the fair Play immaginable First he began with matters of Law and pleaded that there ought to be two Witnesses to every particular fact but he was answered by the Court that that Case had been often over-ruled and that at the Tryal of the 〈◊〉 Viscount S●●fford where was agreed on by all the Judges that it was not necessary so that they both proved the Treason so that if one Witness proved a Fact or an overt-Act of Treason in one County and another overt Act in another County they were two good Witnesses in Law because they both proved treason His 〈◊〉 Argument was that he conceived him-himself only Guilty of Mispr●sion of Treason because it could not be ●●oved that he writ the● reasonable Letter that was to be sent into Scotland by Aron Smith but he was told by the Court that his point of Law likewife failed him in that Case for if one be by where Treason is consulted though they never say nothing if they do not discover it 's not imprision of Treason but High-Treason as all the Judges had resolved in the tryal of the la● Lord Russel then he endeavoured to prove that my Lord Howard owing him some Money and that he claiming it My Lord spoke that he would be revenged on him then he in●isted upon something of foreign Laws and flourished with some sentences of Scripture which because they were not penitent to the present proceeding were looked on as frevilous Th●● he proceeded to several other topicks to shew the improbabilitie of such a designe he speaking very Floridly often smileing as if he did not qustion but to have a good dilivery First he endeavoured to shew the improbabilitie of his being in such a design from the greatness of his Age he being a good deal above threescore and besides very infirme which might induce any body to believe as he sayed that the Fire of Ambition must be extinguished and that it was fitter for him to think of a Retiring place and give up the latter end of his days to ease and quiet he having been all his life time in a perpetual hurry His other topick was not of improbabilitie but endeavoured to insinuate an unpossibillitie of his being concerned because he sayed he was no popular man and consequently unfit to be concerned in such an Affaire where it was fit the people concerned should be Darlings of the Mobile that so they might manage them at their pleasure These were only looked upon by the Court as flourishes which were not very material and so giving him a short and pithy Answer desired him to proceed to more solid arguments and to call in his evidence which were many but were able to say litle in the Prisoners behalf The first was my Lord Anglesey he attested that my Lord Howard had protested after the breaking out of the Plot at my Lord Bedfords that he knew nothing of it this was likewise attested by my Lord Baget and by one Mr. Philip Howard with many Circumstances to long to put down in so little a Paper He likewise produced in Court his two Maid-Servants who attested much what the same that the other against my Lord Howard as before most of them had done at my Lord Russels Tryal and received much what the same Answer from the Court c. that my Lord was not obliged to tell every body he met how deeply either he or any body else was concerned in the Plot. M. Sidney having made the best defence he could sat him down and Mr. Soliciter General summ'd up the Evidence most learnedly and distinctly First shewing the convincing proofs on the Kings side then from Point to Point answering every Objection ●●g●d by the Prisoner afterwards my Lord Chief Justice summ'd up all mos● learnedly and methodically giving the most Loyal Directions to the Jury After all was done by the Court the Jury withdrew and having consulted upon the business about half a quarter of an hour Mr. Sidney remaining at the Bar smileing and talking a Verdict vvas called and O yes being made after the usual manner and the Jury being called over Mr Anger 's the foreman spoke for the Rest and brought him in Guilty Thus Judgment at last overtook one vvho vvas Signalie remarkable for his Violence against the last King of of blessed memory And for his strange Aversion to Monarchie he being a perfect Monarch hater LONDON Printed for E Mallet 1683.