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king_n	aaron_n	kingdom_n	smith_n	30	3	11.1471	5	false

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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

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

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

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