instrumental to take away the life of any man that by Law his Life ought not to be taken away For I had rather many Guilty men should escape than one innocent man suffer The question is whether upon all the Evidence you have heard against the Prisoner and the Evidence on his behalf there is Evidence sufficient to Convict the Prisoner of the High Treason he stands charged with And as you must not be moved by the denyal of the Prisoner further than as it is backed with proof so you are not to be inveigled by any insinuations made against the Prisoner at the Bar further or otherwise than as the proof is made out to you But it is usual and it is a duty incumbent on the King's Counsel to urge against all such Criminals whatsoever they observe in the Evidence against them and likewise to endeavour to give answers to the Objections that are made on their behalf And therefore since we have been kept so long in this Cause it won't be amiss for me and my Brothers as they shall think fit to help your memory in the fact and discharge that Duty that is incumbent upon the Court as to the points of Law This Indictment is for High Treason and is grounded upon the Statute of 25 E. 3. By which Statute the compassing and imagining the death of the King and declaring the same by an Overt Act is made High Treason The reason of that Law was because at Common Law there was great doubt what was Treason wherefore to reduce that High Crime to a certainty was that Law made that those that were Guilty might know what to expect And there are several Acts of Parliament made between the time of Edward the Third and that of 1 M. but by that Statute all Treasons that are not enumerated by after Acts of Parliament remain as they were declared by that Statute of 25 E. 3. And so are Challenges and other matters insisted upon by the Prisoner left as they were at the time of that Act I am also to tell you that in point of Law it is not only the Opinion of us here but the Opinion of them that sate before us and the Opinion of all the Judges of England and within the memory of many of you That tho there be Two Witnesses required to prove a man Guilty of High-Treason yet it is not necessary there should be Two Witnesses to the same thing at one time But if two Witnesses prove two several Facts that have a tendency to the same Treason they are two Witnesses sufficient to convict any man of High-Treason In the Case of my Lord Stafford in Parliament all the Judges assisting it is notoriously known That one Witness to a Conspiracy in England and another to a Conspiracy in France were held two Witnesses sufficient to convict him of High-Treason In the next place I am to tell you That tho some Judges have been of Opinion that words of themselves were not an Overt Act but my Lord Hales nor my Lord Coke nor any other of the Sages of the Law ever questioned but that a Letter would be an Overt Act sufficient to prove a man Guilty of High-Treason For scribere est agere Mr. Sidney says The King is a Politick Person but you must destroy Him in His natural capacity or it is not Treason but I must tell If any man compass to Imprison the King it is High Treason so was the Case of my Lord Cobham and my Lord Coke When he says If a man do attempt to make the King do any thing by force and compulsion otherwise than he ought to do that it is High-Treason within that Act of 25 Eliz. III. But if it were an Indictment only for the Levying of War there must be an actual War Levied but this is an Indictment for compassing the Death of the King and the other Treason mentioned in that Act of Parliament for the Levying War may be given in Evidence to prove the Conspiracy the Kings Death For 't is rightly told you by the Kings Council That the imagination of a mans heart is not to be discerned but if I declare such my imagination by an Overt Act which Overt Act does naturally Evince that the King must be Deposed Destroyed Imprisoned or the like it will be sufficient Evidence of Treason within that Act. In the next place having told you what the Law is for Gentlemen 't is our Duty upon our Oaths to declare the Law to you and you are bound to receive our Declaration of the Law and upon this Declaration to inquire whether there be a Fact sufficiently proved to find the Prisoner Guilty of the High-Treason of which he stands Indicted And for that I must tell you what ever happens to be hearsay from others it is not to be applied immediately to the Prisoner but however those Matters that are remote at first may serve for this purpose To prove there was generally a Conspiracy to Destroy the King and Government And for that matter you all remember it was the constant rule and method observed about the Popish Plot first to produce the Evidence of the Plot in general This was done in that famous Caâ—e of my Lord Stafford in Parliament Gentlemen I am also to tell you This alone does not at all affect the Prisoner at the Bar but is made use of as a circumstance to support the credibility of the Witnesses and is thus far applicable to the business before you That 't is plain by persons that don't touch the Prisoner at the Bar and I am sorry any man makes a doubt of it at this time of day that there was a Conspiracy to kill the King for after so full a proof in this place and in others and the Execution and Confession of several of the Offenders I am surprised to observe that the Prisoner at the Bar and some others present seem not to believe it But Gentlemen you hear the first Witness I speak of West He tells you he had the honour to be acquainted with Mr. Sidney and that he had Discourse with Walcot a person Convicted and Executed for this horrid Conspiracy Why says he he told me at my Chamber That they were not only the persons concerned but that there were other persons of great Quality that had their Meetings for the carrying on the Business in other places And Ferguson that was the Ring leader in this Conspiracy told him there was a Design of a general Insurrection it was once laid down but it is now taken up again There are other Councellors of great importance and he names among the rest the Prisoner at the Bar. Mr. West goes a little further and he tells you this says he He did not only tell me so but that there was a Design to conciliate a Correspondence with some persons in Scotland and they were to do it under the Cant of having business in Carolina There is Mr. Keeling he tells
to admit of any Discourses till you Answer the Question Whether you be Guilty or not Guilty Mr. Att. Gen. If he will Demurr my Lord We will give him leave Col. Sidney I presume your Lordship will direct me for I am an ignorant Man in matters of this kind I may easily be surprised in it I never was at a Tryal in my life of any Body and never read a Law-Book L. C. Iust. Because no Prisoner under your Circumstances is to have Counsel but in special Cases to be assigned in matters of Law the Court is bound by their Oaths and Duty of their Places that they shall not see any wrong done to you But the business we are to tell you now is You are to plead Guilty or not Guilty or Demur which is a Confession in point of Law Col. Sidney Under favour my Lord There may be Indictments that are erroneous and if they are erroneous and vitious they are null and ought not to be answered to Mr. Iust. Wythins If you please to demur to it you shall have liberty to make any Exceptions Col. Sidney I don't demur 't is only Exceptions I think in matters of Life a Man may give in his Exceptions to the Bill and plead not Guilty afterwards I am sure in Sir Henry Vane's Case the Court said it and offered him to do it That which under favor I hope to do L. C. Iustice. You must Plead or Demurr Col. Sidney My Lord If I put in Exceptions to the Bill I don't plead till those Exceptions are over-ruled This was in the case of Sir Henry Vane L. C. Iustice. Sir I must tell you you must either Plead or Demurr Col. Sidney My Lord There are in this Indictment some Treasons or reputed Treasons that may come within the Statute of the 13th of this King which is limited by time the Prosecution must be in Six Months and the Indictment within Three Now my Lord if that this Business that is mentioned be above six Months before my Commitment or above three before the Indictment I think under favor I ought not to answer to these Matters L. C. Iustice. You are mistaken in the Law That will be saved when the Fact comes to appear If they alledge the thing to be at a time which according to that allegation would maintain the Indictment if upon the Tryal it appear otherwise the Court is bound to take notice of it when you come to your Tryal but we are not bound to examine that before you have pleaded Col. Sidney My Lord Every body will acknowledg that there have been or may be vitious Indictments Now if I plead to an erroneous Indictment and am Acquitted I may be Indicted again Bills of Attainder have been upon Errors in Original Indictments as that of the Duke of Somerset Now if there be here several things distinct in Nature distinguished by Law that are put together 't is impossible to make a positive Answer to any one If any one should tell me that I by my self or by others by Sword or by Pistol conspired to kill the King I can say I did it or I did it not If any one say I have levyed War and by several Acts undertake to prove I have done it I can say I have done it or I have not But here I don't find any thing specifyed or can tell upon what Statute I am Indicted I pray I may see the Record L. C. Iustice. That we can't do You shall hear it read again if you will If you think it to be a void Indictment Demur to it if you will Col. Sidney My Lord I desire you to accept of this shewing a Parchment L. C. Iustice. What is it Put in what Plea you shall be advised but if you put in a special Plea and Mr. Attorney demurrs you may have Judgment of Death and by that you wave the Fact Col. Sidney I can't make any Objection to the Bill after I have pleaded Not Guilty for I accept the Bill thereby to be good L. C. Iustice. If you can assign any Matter of Law do But otherwise what a kind of thing would it be All Criminals would say in all Cases I doubt whether the Bill be Good or Bad. And after I have thus considered of it I will Plead You are mis-informed and this the Court tells you as a Duty incumbent on them Mr. Iust. Wythins If you Demur and shew what your Causes are We will assign you Counsel Col. Sidney I desire you would not try me and make me to â—un on dark and slippery Places I don't see my way L. C. Iustice. Don't apprehend your self to be so as if the Court would run you on any inconvenience But they are bound to see the Methods of Justice preserved they are those that you and all the King's Subjects are bound to conform to If any one of us were in the same Condition we must observe the same Methods of Law Clerk of the Crown Art thou Guilty or not Guilty Col. Sidney Then pray my Lord Will you tell me this Is it true That a Man how vitious so ever an Indictment is must Answer or Demurr to it L. C. Iust. He must either Answer or Demurr Col. Sidney Are there no Exceptions to be admitted L. C. Iustice. None And if you don't do the one or the other Judgment passes as if you had pleaded Col. Sidney This is a Plea Mr. Iust. Wythins Will you stand by it Consider your self and your Life If you put in that Plea and Mr. Attorney Demurrs if your Plea be not good your Life is gone Col. Sidney Pray my Lord Give me a day to consider of it Lord Chief Iustice. No We must not introduce new Methods or Forms for any body The same Case that is with you may be with other people Col. Sidney My Lord I do not pretend to any thing but what is Law and due to every Man upon English Ground I would be very sorry to do that which may be hurtful L. C. Iustice. You have the rule of the Court You must do one or the other Call him to it Col. Sidney I desire this may be read shewing the same Parchment L. C. Iustice. It shall not be read unless you put it in as a Plea Mr. Att. General I must do my duty Mr. Williams exceeds his Liberty he informs the Prisoner several things Mr. Williams I only said if it was a Plea put it in Mr. Attorney can hear all I say Whereupon Mr. Williams was reproved by the Lord Chief Justice Col. Sidney I only give it as exceptions to the Bill Clerk of the Crown Art thou Guilty or not Guilty Col. Sidney If any one should ask me any particular thing I could tell how to answer L. C. Iustice. He askes you a particular thing 'T is the duty of the Court to pronounce Judgment if you do not plead Col. Sidney Why then if you drive me upon it I must plead Lord Chief Iustice. I am sure
there is no Gentleman of the Long Robe would put any such thing into your head There was never any such thing done in Capital Matters Col. Sidney My Lord I am there Indicted for Conspiring the Death of the King I have not Conspired the Death of the King I am there Indicted for Levying of War I have not done that I am Indicted for having Invited in others of another Nation I have not done that neither I am there Indicted to have written a Seditious Libel to stir up the Spirits of the People against the King I have not written any thing to stir up the People against the King L. C. Iustice. We are not to hear all this you must Plead as other People or else in plain English we will pronounce Sentence We ought to give all Men satisfaction that will be satisfied but if they wont be directed we can't help that Col. Sidney My Lord If you put me upon this inevitable necessity it lyes upon you I must plead then Clerk of the Crown Art thou Guilty or not Guilty Col. Sidney Not Guilty Clerk of the Crown Culprit how wilt thou be tryed Col. Sidney By God and my Country Clerk of the Crown God send thee a good Deliverance L. C. Iustice. If you be not Guilty I pray God you may escape Mr. Att. General My Lord will you please to appoint a day for his Tryal that he may take notice of it now L. C. Iustice. What time would you have Mr. Att. General A Weeks time do you think that will be enough Col. Sidney No Pray my Lord give me a Fortnights time Mr. Att. General I won't oppose it Col. Sidney In the next place I desire a Copy of the Indictment L. C. Iustice. We can't grant it by Law Col. Sidney I desire you would please to give me Counsel L. C. Iustice. We can't do it If you assigne us any particular Point of Law if the Court think it such a Point as may be worth the debating you shall have Counsel But if you ask for Counsel for no other reason then because you ask it we must not grant it The Court is bound to see that nothing be done against you but what is according to the rules of Law I would be very loth to draw the guilt of any mans blood upon me Col. Sidney Has not every body Counsel L. C. Iustice. No. Col. Sidney I have several Points of Law L. C. Iustice. Tell us them Col. Sidney My Lord Will you oblige me that am an ignorant man and confess my self so upon hearing my Indictment for things I know not of a long thing presently to raise a point of Law L. C. Iustice. 'T is not we oblige you Mr. Sidney 't is the Law obliges you We are the Ministers of the Law 't is the Law says we are not to allow you Counsel without making your Objections that the Court may understand whether it be fit 'T is the Law says we may not allow you a Copy of the Indictment Therefore don't go away and say that we as Men sitting here impose upon you we sit here only to administer the Justice of the Nation Mr. Iustice Wythins Sir you will have a Fortnights time to consider of Objections in Law L. C. Iustice. If you will have it Read you shall Those things that you may have by Law God forbid but you should have the benefit of them Col. Sidney I desire my Lord to hear it read again Mr. Att. General Would you have it read in Latine Col. Sidney Yes If you please I do understand a little Latine Then the Indictment was read in Latine Col. Sidney What is that Statute L. C. Iustice. When you come to your Tryal Mr. Attorney will tell you what Statute he goes upon And he may give in Evidence any Act of Parliament that comprehends Treason Col. Sidney My thinks he should say what Statute he goes upon Mr. Iust. Wythins Sir would you have a new Indictment for you L. C. Iustice. He must take notice of his Tryal this day fortnight Lieutenant of the Tower you may take the Prisoner back again Then the Lieutenant of the Tower took away his Prisoner THE TRYAL OF Algernon Sidney Esq NOVEMBER 21 1683. ALgernon Sidney Esquire was brought to the Bar of the Court of King's Bench by Habeas Corpus and Proclamation for Information being made he desired Pen Ink and Paper which were granted him And he also desired that two persons viz. Mr. Winn and Mr. Gibbs might write for him which was also allowed by the Court. Coll. Sidney My Lord when I was last here before your Lordship I did desire a Copy of my Indictment and I thought the Law did allow it me But being in an hurry carried first to a Tavern then led through Soldiers and surprized absolutely I could not give that reason why I thought the Law allowed me a Copy My Lord I was denyed a Copy and thereby I was deprived of the benefit of a special Plea I designed to have put in This would have been a great help to your Lordship and to me the denyal of which hath been a great prejudice Now my Lord that which I thought was Law then I think I can give a better testimony that 't is so now upon the Statute of 46. E. 3. wherein 't is expressed that tout partes tout gents that is all people shall have a Copy of every Record and it enumerates several matters as well that against the King as other people This is a general Law still in force my Lord Strafford had a Copy and my Lord Stafford and the Lords in the Tower had Copies of their Indictments And under favour I think it was never more necessary than to me there never having been perhaps a Charge so long and so confused Now my Lord I have a Copy transcribed of this Statute Shewing a Paper Lord Chief Iustice. We remember the Law very well Mr. Sidney did move for a Copy of the Indictment and the Court denyed him then and so shall now And yet all this while we shall deny you nothing that is Law You shall have the right that becomes a Subject in your condition And we must tell you that notwithstanding all that Case we ought not to have given you so much favour perhaps in strictness as we did And because you did particularly take notice of the Case of Sir Henry Vane last time I will shew you the Court did indulge more to you than was done to that person In Sir Henry Vane's Case by the opinion of all the Judges it was declared that no Copy ought to be given neither of the whole nor any part of the Indictment except they shew matter of Law But your Counsel since you went away moved for the Copy of the Indictment and to satisfie them I directed the Case that you took notice of to be read in the Court. And I thought they had been sufficiently satisfied You had the Indictment read
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
this manner if he had not apprehensions of Guilt within himself This is the Testimony offered against my Lord Howard in disparagement of his Evidence Ay but further it s objected he is in expectation of a Pardon And he did say he thought he should not have the Kings Pardon till such time as the drudgery of Swearing was over Why Gentlemen I take notice before this Discourse happened he Swore the same thing at my Lord Russel's Tryal And I must tell you though it is the Duty of every Man to discover all Treasons yet I tell you for a Man to come and Swear himself over and over Guilty in the face of a Court of Justice may seem irksome and provoke a Man to give it such an Epithet 'T is therefore for his Credit that he is an unwilling Witness But Gentlemen consider if these things should have been allowed to take away the Credibility of a Witness what would have become of the Testimonies that have been given of late days What would become of the Evidence of all those that have been so profligate in their Lives Would you have the Kings Council to call none but men that were not concerned in this Plot to prove that they were Plotting Ay but Gentlemen it is further objected This Hand looks like an old Hand and it may not be the Prisoners Hand but be Counterfeited and for that there is a Gentleman who tells you what a dexterous Man he is He says he believes he could Counterfeit any Hand in half an hour 't is an ugly temptation but I hope he hath more Honour than to make use of that Art he so much glories in But what time could there be for the Counterfeiting of this Book Can you imagine that Sir Philip Lloyd through the Bag Sealed up did it Or who else can you imagine should or does the Prisoner pretend did write this Book So that as on one side God forbid but we should be careful of Mens Lives so on the other side God forbid that Flourishes and Varnish should come to indanger the Life of the King and the Destruction of the Government But Gentlemen We are not to anticipate you in point of Fact I have according to my Memory recapitulated the matters given in Evidence It remains purely in you now whether you do believe upon the whole matter that the Prisoner is Guilty of the High-Treason whereof he is Indicted Mr. Iust. Withins Gentlemen 'T is fit you should have our Opinions in all the points of Law we concur with my Lord Chief Justice Says Colonel Sidney here is a mighty Conspiracy but there is nothing comes of it who must we thank for that None but the Almighty Providence One of themselves was troubled in Conscience and comes and discovers it had not Keeling discovered it God knows whether we might have been alive at this day Then the Jury withdrew and in about half an hours time returned and brought the Prisoner in Guilty And the Lievtenant of the Tower took away his Prisoner Munday 26. Nov. 1683. Algernoon Sidney Esquire was brought up to the Bar of the Court of Kings bench to receive his Sentence L. Ch. Iust. Mr Attorney will you move any thing Mr. Att. Gen. My Lord the Prisoner at the Bar is convicted of High Treason I demand Judgment against him Cl. of Crown Algernoon Sidney Hold up thy hand which he did Thou hast been indicted of High Treason and thereupon arraigned and thereunto pleaded not Guilty and for thy Tryal put thy self upon God and the Country which Country has found thee Guilty What can'st thou say for thy self Why Judgment of death should not be given against thee and execution awarded according to Law Col. Sidney My Lord I humbly conceive I have had no Tryal I was to be tryed by my Country I do not find my Country in the Jury that did try me There were some of them that were not Freeholders I think my Lord There is neither Law nor President of any man that has been tryed by a Jury upon an Indictment lay'd in a County that were not Freeholders So I do humbly conceive That I have had no Tryal at all and if I have had no Tryal there can be no Judgment L. Ch. Just. Mr. Sidney you had the Opinion of the Court in that matter before We were unanimous in it for it was the Opinion of all the Judges of England in the Case next proceeding yours tho' that was a Case relating to Corporations but they were of Opinion that by the Statute of Queen Mary the Tryal of Treason was put as it was at Common Law and that there was no such Challenge of Common Law Col. Sidney Under favour my Lord I presume in such a Case as this of Life and for what I know concernes every man in England you will give me a day and Counsel to argue it L. Ch. Iust. T is not in the Power of the Court to do it Col. Sidney My Lord I desire the Indictment against me may be read L. Ch. Iust. To what purpose Col. Sidney I have somewhat to say to it L. Ch. Iust. Well read the Indictment Then the Clerk of the Crown read the Indictment Col. Sidney Pray Sir will you give me leave to see it if it please you L. Ch. Iust. No that we cannot do Col. Sidney My Lord there is one thing then that makes this absolutely voyd It deprives the King of his Title which is Treason by Law Defensor fidei There is no such thing there if I heard it Right L. Ch. Iust. In that you would deprive the King of his Life that is in very full I think Col. Sidney If no body would deprive the King no more then I he would be in no danger Under favour these are things not to be over-ruled in point of Life so easily L. Ch. Iust. Mr. Sidney We very well understand our duty we don't need to be told by you what our Duty is we tell you nothing but what is Law and if you make Objections that are immaterial we must overrule them Don't think that we overrule in your Case that we would not overrule in all mens Cases in your Condition The Treason is sufficiently lay'd Col. Sidney My Lord I conceive this too that those words that are said to be written in the Paper that there is nothing of Treason in them Besides that there was nothing at all proved of them only by similitude of hands which upon the Case I alledged to your Lordship was not to be admitted in a Criminal Case Now 't is easy to call a thing proditorie but yet let the nature of the thing be examined I put my self upon it that there is no Treason in it L. Ch. Iust. There is not a Line in the Book scarce but what is Treason Mr Just. Withins I believe you don 't believe it Treason L. Ch. Iust. That is the worst part of your Case When men are riveted in Opinion that Kings
may be deposed that thy are accomptable to their People that a general Insurrection is no Rebellion and justifie it 't is high time upon my word to call them to account Col. Sidney My Lord the other day I had a book wherein I had King James Speech upon which all that is there is grounded in his own Speech to the Parliament in 1603 and there is nothing in these Papers which is called a Book tho' it never appeared for if it were true it was only Papers found in a private man's Study never shew'd to any body and Mr. Attorney takes this to bring it to a crime in order to some other Counsel and this was to come out such a time when the Insurrectioâ— brake out My Lord There is one Person I did not know where tâ— find then but every Body knows where to find now that is the Duke of Monmouth if there had been any thing in Consultation by this means to bring any thing about he must have known of it for it must be taken to be in Prosecution of those Designs of his And if he will say there ever was any such thing or knew any thing of it I will acknowledge whatever you please L. Ch. Iust. That is over you were Tryed for this Fact We must not send for the Duke of Monmouth Col. Sidney I humbly think I ought and desire to be heard upon it L. Ch. Iust. Upon what Col. Sidney If you will call it a Tryal L. Ch. Iust. I do The Law calls it so Mr. Just. Withins We must not hear such Discourses after you have been Tryed here and the Jury have given their Verdict as if you had not Justice done you Mr. Just. Holloway I think it was a very fair Tryal Col. Sidney My Lord I desire That you would hear my Reasons why I should be brought to a new Tryal L. Ch. Iust. That can't be Col. Sidney Be the Tryal what it will Cl. of Cr. Cryer make an Oyes Col. Sidney Can't I be heard my Lord L. Ch. Iust. Yes If you will speak that which is proper 't is a strange thing You seem to appeal as if you had some great hardship upon you I am sure I can as well appeal as you I am sure you had all the Favour shewed you that ever any Prisoner had The Court heard you with Patience when you spake what was proper but if you begin to Arraign the Justice of the Nation it concerns the Justice of the Nation to prevent you We are bound by our Consciences and our Oaths to see right done to you and tho' we are Judges upon Earth we are accomptable to the Judge of Heaven and Earth and we act according to our Consciences tho' we don't act according to your Opinion Col. Sid. My Lord I say In the first place I was brought to Westminster by Habeas Corpus the 7th of this Month granted the day before to be Arraigned when yet no Bill was exhibited against me and my Prosecutors could not know it would be found unless they had a Correspondence with the Grand Jury which under favour ought not to have been had L. Ch. Iust. We know nothing of it You had as good tell us of some-bodies Ghost as you did at the Tryal Col. Sid. I told you of two infamous Persons that had acted my Lord Russel's Ghost L. Ch. Iust. Go on if you have any thing else Col. Sid. I prayed a Copy of the Indictment making my Objections against it and putting in a special Plea which the Law I humbly conceive allowed me the help of Counsel to frame it was denied L. Ch. Iust. For the Copy of the Indictment it was denied in the Case you cited This favour shewed you to day was denied at any time to Sir Henry Vane that is to have the Indictment read in Latin Don't say on the other side we refused your Plea I told you have a care of putting it in If the Plea was such as Mr. Attorney did demurre to it I told you you were answerable for the Consequences of it Mr. Just. Withins We told you you might put it in but you must put it in at your Peril Col. Sidney My Lord I would have put it in L. Ch. Iust. I did advertise you If you put in a Plea upon your Peril be it I told you We are bound by Law to give you that fair advertisement of the great danger you would fall under if it were not a good Plea Col. Sidney My Lord my Plea was that could never hurt me L. Ch. Iust. We do not know that Col. Sid. I desire my Lord this that it may be considered That being brought here to my Tryal I did desire a Copy of my Indictment upon the Statute of 46 E. 3. which does allow it to all Men in all Cases L. Ch. Iust. I tell you the Law is otherwise and told you so then and tell you so now Col. Sid. Your Lordship did not tell me That was not a Law L. Ch. Iust. Unless there be a Law particular for Col. Sidney If you have any more to say Col. Sid. I am probably informed and if your Lordship will give me time shall be able to prove it That the Jury was not summoned as it ought to be My Lord if this Jury was not summoned by the Bailiffe according to the ordinary way but they were agreed upon by the Under-Sheriff Graham and Burton I desire to know whether that be a good Jury L. Ch. Iust. We can take notice of nothing but what is upon the Record Here is a return by the Sheriff if there had been any indirect means used with the Sheriff or any else you should have mentioned it before they were Sworn Col. Sid. Is there any thing in the World more irregular then that L. Ch. Iust. I know nothing of it That time is past Col. Sid. Now my Lord All men are admitted on the Jury L. Ch. Iu. Why you did not like Gentlemen and now you don 't like those that you had In plain English if any Jury had found you Guilty it had been the same thing It had been a good Summons if they had acquitted you Col. Sidney When the Jury thus composed was sworne 4 witnesses of whom 3 were under the terror of Death for Treasons were produc'd against me And they confessed themselves guilty of Crimes of which I had no knowledge and told storys by hear-say And your Lordship did promise in summing up the Evidence that the Jury should be informed what did reach me and what not and I don't remember that was done L. Ch. Iust. I did it particularly I think I was as careful of it as possibly I could be Col. Sidney My Lord Howard being the only Witness that say'd any thing against me Papers which were sayd to be found in my house were produced as another Witness and no other Testimony given concerning them but that the hand was like unto mine No man can say I