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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