but Manro did not and as for the Cambells he heard they were seiz'd changing their Lodgings Then Mr. Atterbury being Sworn inform'd the Court That Mr. Atâ—erbury Sworn as to the apprehending of the Scotch Gentlemen about the end of June or beginning of July he was sent for into Londâ—n upon a Discovery of some Scotch Gentlemen that lay about Black-Fryers but that when he came there the Common Serjeant had been before him and found Sir Hugh Cambel and Sir John Cockram making an escape into a Boat together with a third Person who was committed to the Gate-House by the Council as soon as brought thither This done the Attorney General went about to prove that while the English Emissary was in Scotland the Colonel at the same time which would be another Overt Act of Treason was Writing a Treasonable Pamphlet to which purpose Sir Phillip Sir Phillip Lloyd Sworn as to the Papers found in Colonel Sidneys House Lloyd being first Sworn declared That having a Warrant from the Secretary by the King and Council to seize Mr. Algernoon Sidney's Papers he went to his House where he found a great many upon a Table which he first put up in a Pillowbear and â—hen in a Trunk to which he desired the Colonel to put his Seal but he refusing he took his own Seal seal'd up the Trunk and had it carryed before him to Mr. Secretary Jenkin's Office That when the Committee sate he was Commanded to undo the Trunk and did so and found his own Seal upon it and then took out the Papers out of the bag as he put them in before Being ask'd whether Colonel Sidney were present when he Col. Sidney pâ—esent when hâ—s papers were seiz'd seiz'd the Papers He Answered Yes And being farther ask'd whether those Papers shewn in Court were some of those Papers He made Answer That he verily believ'd it Being ask'd when they were seiz'd He replyed Toward the latter end of June last Then three Witnesses were called to prove the Hand to be his Mr. Shepheard Swore That he was acquainted with his hand Mr. Shepheard call'd to prove the Collonels hand and that he believ'd the Writing shewn him was his hand for that he had seen him Write the Indorsement upon several Bills of Exchange Mr. Cary Swore That he had seen his Indorsement upon Bills Mr. Cary to the same purpose and that it was very like what came to him for his hand Writing and that he believ'd it to be his hand Mr. Cook Swore That he had seen several Notes that came to Mr. Cook to the same intent him with Indorsment of Colonel Sidney's Name and had pay'd them and that it was like the hand shewed him nor was he ever call'd to an Accompt for mispayment The Attorney General insisting to have as much read as was necessary to prove the Indictment the Prisoner desired it might be all read But the Court made Answer that Mr. Attorney must have what part he desired and that he should have what part he would read afterwards Then the Paper was read in these Words There was no absurdity in this though it was their own Case but to The Paper read the contrary because it was their own Case That is concerning themselves only and they had no Superiour They only were the competent Judges they decided the Controversies as every Man in his own Family doth such as arise between him and his Children and his Servants This Power has no other restriction then what is put upon it by the Municipal Law of the Country and has no other force then as a Man is understood to have consented to it Thus in England every Man in his degree has a right of a Chastizing them and in many places even by the Law of God the Master has a Power of Life and Death over his Servant It were a most absur'd folly to say That a Man might not put away or in some places Kill an Adulterous Wife a Disobedient Son or an unlawful Servant because he is Party and Judge For the Case admits of no other unless he had abridg'd his own Right by entring into a Society where other Rules are agreed upon and a Superiour Judge constituted thâ—re being none such between King and People That People must needs be the Judge of things happening between them and him they did constitute Not that he might be Great Glorious and Rich but that he might Judge them and Fight their Battles or otherwise do good unto them as they should direct In this Sense he is Singulis Major and ought to be oblig'd by every Man in his just and lawful Commands tending to the publick good and must be suffer'd to do nothing against it not in any respect more than the Law does allow For this Reason Bracton says that the King has three Superiours Deum Legem Parliamentum that is The Power Originally in the People of England is delegated to the Parliament He is subject to the Law of God as a Man to the People that makes him King in as much as he is a King The Law sets a measure to that subjection and the Parliament Judges of the particular Cases thereupon arising He must be content to submit his Interest to theirs since he is no more then any of them in any other respect then that he is by the common Consent of all rais'd above any other If he does not like the Condition he may renounce his 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 the performance will be exacted or revenge taken by those he has betray'd If this be not so I dâ—sire to know of the Author How one or more Men can come to be guilty of Treason against the King As Lex facit ut sit reus No Man can owe more to him than to any other or he unto every other Man by any Râ—le but the Law And if he must not be Judge in his own Case neither he nor any other by Power received from him would ever try any Man for an Offence against him or the Law There was much more read all insisting upon the same Argument and endeavouring to fix the supream Power in the People too long for this Observation only two short passages must not be left out which were these both read by the Clark of the Crown That the general Revolt of a Nation from its own Magistrates could not be call'd a Rebellion And that the Power of calling and dissolving Parliamâ—nts is not in the King The Sheets being shewn to the Prisoner He Answered That The Lord Russâ—ls Conviction given in Evidence he could not tell what to make of it to read it in pieces in that manner And then being ask'd by the Court what pieces he would have read He made this reply Let him give an account of it that made it After this the
the Council of six the Select Council Selected by no Body to pursue the Design of the Earl of Shaftsbury Then what was it to do This was nothing by the Testimony of the Witness were he Credible he said but a few Men talking at large what might or what might not be what was like to fall out without any manner of Intention or doing any thing That they did not so much as enquire whether there were Men Arms or Ammunition That it was a War to be made by five or six Men not knowing one another nor trusting one another for which he instanc'd Dr. Cox ' Evidence at the Lord Russels Tryal Something more he said to the same purpose but concluded as to this Point that the Court was not to make any Constructive Treasons but to go according to plain proof Constructive Treaons belonging only to the Parliament as by the immediate Proviso in the Act and by several other Acts of Parliament appear'd And therefore he thought it impossible for the Jury to find the Matter for that the first Point was only prov'd by the Lord Howard who as he thought was no Body and the last concerning the Papers was only imaginary from the similitude of Hands The Prisoner having thus made his Defence the Solicitor General summ'd up the Evidence and answered all the Prisoners Objections with that Learning and Eloquence that nothing could be more convincing When he had done the Prisoner offer'd again to have spoken to the Court but it was told him that after the Kings Council had concluded the Prisoner was never admitted to say any thing more And then the Lord Chief Justice told the Jury in particular That what the Prisoner had said that was not prov'd and what the Kings Council had said of which there was no proof to make it out was not to be taken into any Consideration Then the Solicitor General desir'd one word more as well for The Solicitor Generals request to the Court in his own and Prisoners behalf his own as the Prisoners Sake That if he had said any thing that was not Law or misrepeated or misapply'd the Evidence that had been given he made it his Request to the Court to rectify those Mistakes as well in Point of Fact as in Point of Law This done the Lord Chief Justice deliver'd his Charge to the The Lord Chief Justice delivers his Charge to the Jury Jury which was so full and so clear that after he had concluded the Jury withdrawing stay'd no longer then about half an Hour in Consultation and then returning brought the Prisoner in Guilty Upon Monday November the 26th Colonel Sidney was again He is brought to receive Judgment brought up to the Bar of the Kings-Bench to receive his Sentence and being ask'd the usual Question He Pleaded first That he conceiv'd he had had no Tryal for that he was to be Tryed by his Country but he did not find his Country in the Jury that Try'd him in regard there were some of them that were not Freeholders and therefore if he had had no Tryal there could be no Judgment To which the Court reply'd That it had been the Opinion of all the Judges of England in the Case last proceeding his 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 at Common Law He then desir'd a Day and Council to argue it but it was told him It was not in the Power of the Court to do it He then desir'd the Indictment might be read again which being done he urg'd that it was void because it depriv'd the King of his Title of Defensor Fidei which was Treason by the Law But the Court did not think it a material Objection He urg'd there was no Treason in the Papers and nothing prov'd of them to which it was answered That there was not a Line but what was Treason Next he desired that the Duke of Monmouth might be sent for and offer'd to acknowledge what ever they pleas'd if he would say there was any such thing as a Design or knew any thing of it But it was told him that was over since he had been Try'd for the Fact Upon which he put forth these words If you will He gives Offence to the Court. call it a Tryal which was ill-resented by the Court as if he went about to Arraign the Justice of the Nation Then he complain'd that the Jury were not summon'd by the Baliff but were agreed upon by the under Sheriff and others and ask'd whether that were a good Jury to which the Court made Answer That they could take notice of nothing but what was upon the Record and it appear'd that the Sheriff had made his return What he alleadg'd more was nothing but what he had urg'd The Court pronounces Judgment in his Defence upon the Point of Constructive Treason So that the Court proceeded to Judgment which was given accordingly Which Sentence being afterwards mitigated by His Majesties Grace and Favour he was upon the Day of carryed from the Tower of London to the publick Scaffold upon Col. Sidney beheaded Tower-Hill Where after a very short Preparation with little or no Ceremony he lay'd himself down and had his Head struck from his Body by the common Executioner Upon the Scaffold he delivered a Paper to the Sheriffs in the Nature of a Speech in which he was so faâ— from Repenting for the Crime which he suffer'd that he rather justify'd himself by complaining of the rigour of his Tryal and broaching those very Opinions to the subversion of Monarchy which were the Subject of those Treasonable Papers for which he was in part Condemned But the Speech has been Printed and therefore there needs no Repetition of a Matter so scandalous On the other side the Lord Brandon Mr. Booth Major Wildman The Lord Brandon Mr. Trenchard and several others discharged Mr. Charleton and Mr. Trenchard and some others that were Bail'd the last Term were then fully Discharg'd THE Charge and Defence OF John Hambden Esq THE 6th of February 1683. Term. Sancti Hillar John Hambden was Tryed before the Lord Chief Justice Jefferies upon an Indictment of High Misdemeanour for contriving and practising to disturb the Kings Peace and stirring up Sedition in the Kingdom The stress of the Evidence against the Prisoner was upon the The Lord Howards Evidence The first Meeting Lord Howards single Testimony who Swore That about the middle of Januaâ—y in the Year 1682 3. The Council of Six of which Mr. Hambden was one met at the Prisoners House where they received from his own Lips a general hint and intimation of the ends of their Meeting which were to consult and advise one with another how to put things into a better Method and posture than formerly That the Questions were started severally while one spoke of the time when it should be
difference between Killing the King and securing the Guards But it was plain That the Witnesses had sufficiently dipp'd themselves and therefore to save their own Lives they had combin'd to take away his He denyed that the VVitness made it out That he was privy He deâ—ves himself privy to Goodâ—noughs Notes to Mr. Goodenough's Notes about Raising of Men or that he knew any of them That the Meetings at his Lodging were by Colonel Rumsâ—y's Appointment of which he knew nothing and that he came among them accidentally sometimes only to hear News neither was any thing agirated there that he knew of concerning Killing the King or Levying VVar. He confessed he heard there was a Design by a great many Lords and Gentlemen and others for asserting their Liberties and Properties but that he never was in any Consultation with them or any Message to them or ever saw the Face of any of those Lords that were said to be concern'd and therefore it was improbable that he should be so far concern'd as the VVitness seem'd to represent him Being ask'd why he frequented the Company where he heard those things He Answered It was his Folly and conceiv'd it was only Misprision of Treason For it was true he had heard a great deal of what the VVitnesses had said touching an Insurrection but that he had no hand directly or indirectly in it nor did the Death of the King ever enter into his thoughts directly or indirectly And that when some Gentlemen talk'd to him of it he abominated it as a Scandalous Thing a reproach to the Protestant Religion and that his Children would bear the reproach of it But the Court told him he fail'd in his Law for though to hear of Treason accidentally or occasionally and conceal it was but Misprision yet if a Man would be at a Consult where Treason was Hatch'd and then conceal'd it he was then Guilty of Treason it self The Jury then desiring he might be ask'd what he had to say He alledges his undertaking in his Letter to be upon his intimacy with Mr. Ferguson to the Letter the Prisoner made Answer That what he promised he undertook upon his Intimacy with Mr. Ferguson by whose means he believ'd he should have an Interest with the rest That he did according to his promise give an Accompt of what he had heard but that the King was not pleas'd with him because he did not descend to particulars which he could not do in regard he had never been in their Company nor knew any thing but what he had by a private hand As for his Confession that it was his first Crime it was only as far as Misprission went having never acted or intended the Treason In the last place he produc'd one VVitness to prove when he He produces a Witness about his Gout fell ill of the Gout and how long it continu'd who said That he could not certainly tell but believ'd it was about three Months nor could he certainly tell when it began After this the King's Serjeant having summ'd up the Evidence the Lord Chief Justice gave his Charge to the Jury who after He is found Guilty about half a quarter of an Hours Consideration return'd and brought the Prisoner in Guilty THE Charge and Defence OF William Hone. UPON Friday the 19th of July William Hone having been Arraign'd the Day before and after some frivolous Evâ—sions pleaded not Guilty was brought to his Tryel for Câ—nspiring and Intâ—nding the Death of the King and the Subversion of the Government and for providing himself with Arms to that purpose To this being a second time asked according to the usual Custom whether Guilty or not Guilty he would have retracted his Plea of not Guilty and pleaded Guilty Upon Hone desires to retract his Plea and plead Guilty which being demanded by the Court whether he did confess the whole Indictment He answered Yâ—s but being asked again whether he confessed that he did conspiâ—e the Dâ—ath of the King and provide Arms to do the wicked Act He answered that he did not provide any Arms that his Deposition before Sir William Turner was true and that he was asked by Mr. Richard Goodenough to go along with him that he asked whether and then understood it was to kill the King and the Duke of York but was not told the place Which not being taken for a full Confession the Kings Serjeant desired he might be tryed So that the Jury were sworn without any Challenges Nicholas Charleton Christopher Pitts Robert Beddingfield John Pelling William Winbury Thomas Seaton William Rutlâ—nd Thomas Short Theophilus Man John Jenew John Short Thomas Nicholas Which done and the Endictment opened Mr. Josias Keeling was Mr. Keeling Sworn sworn who declared that he saw the Prisoner at the Dolphin Tavern where the Arms were agreed upon That at the same time were present Mr. West Mr. Goodenough and Mr. Rumbold and that he remembred the Prisoner particularly That it was then discoursed of the Kings coming home from Newmarket the Saturday after the Fire and the several Reports of the Town concerning it That upon their hopes that the King would not return upon Munday Mr. West asked Rumbold how many Swans-quills Goose-quills and Crows-quills and what Sand and Ink he must have and that the Prisoner was by and heard all the Discourse Being asked what was meant by all that He answer'd that by Swans-quills were meant Blunderbusses by Goose-quills Muskets and by Crows-quills Pistols and by Sand and Ink Powder and Bullet That after that Meeting the Prisoner took acquaintance with him and after some time told him that he was one of those that was to Assassinate the King That after that at a He told the Witness he was put down to Assassinate the King Coffee-House in Swithins Alley the Prisoner told him that it would never be well till the Black-bird and the Gold Finch were knock'd o' th Head and that asking him what he meant by those Terms he answered the King and the Duke of York Then the Prisoner being admitted to ask the Witness any Questions he said that he own'd it as to the Black-Bird but that as to the Goldfinch he never heard a word of it till then Mr West being sworn declared that he was at the Meeting before Mr West's Testimony mentioned when Mr. Keeling came in that several things were said of Swans-quills c. but that this Man did not come in till that Discourse was over and that he was sure he did not speak of any thing of that nature before this Man in his Life That Mr. Goodenough did undertake to provide the Man and said he would try him whether he would attempt upon the Duke without the King That he asked the Prisoner whether he had seen Mr. Goodenough Who answered that he had and that he had spoke to him about a little Job for the Duke and that Mr. Goodenough said he had spoken to him fully about
but that it must be the Jury Thereupon the Attorney General demanding Judgment the Recorder pass'd Senteâ—ce according to the Law Walcot had nothing to say But that his Son and some Friends might come and see him Hone had no more to say but begg'd the same favour Rouse pretended there was a vast difference between the Indictment which was for Words and Discourses that pass'd the 2d of March and that the Oaths Sworn were that the words were not spoken then but the last of June but had nothing more to say Thereupon Judgment was given against all three as against the Lord Russel Upon the same day that the Lord Russel was tryed the Earl The Earl of Essex kills himself in the Tower of Essex killed himself in the Tower The next day the Coroner sat upon him and the Verdict of the Coronâ—rs Jury was That Arthur Earl of Essex did give himself a Mortal Wound with a Razor by cutting his Throat from the one Jugular to the other and through the Windpipe and Gullet to the very Vertebras of his Neck and that he did Feloniously and Voluntarily Murther himself Upon Fryday the 20th of July Walcot was drawn to Tyburn Walcot Hone and Rouse carryed to Tyburn in one Hurdle and Rouse and Hone in another and there put into a Cart at what time the Dean of Rippon Dr. Cartwright and the Ordinary of Nâ—wgate undertaking to perform the last Office of Ministers to Persons in their Conditions admonish'd them to make an ingenious Discovery of what they knew touching the Conspiracy and Treasons for which they were then to suffer Walcot replied he had some Papers in his Pocket of what he had prepared to say in Writing and there desired they might be pulled out and he would read them Then looking upon his Paper he read a long Harangue wherein Walcot reads his Speech he first gave an accompt of his Faith and Religion his hope of Salvation by the Merits of Christ and his belief of the Scriptures to be the Rule of Faith and Method of Worshipping God As to the occasion of his Death he confessed himself to be so He Confesses himself guilty of being at several Meetings unfortunate and as unhappy to be invited by Collonel Rumsey to some Meetings where some things were discoursed of in order to the asserting the Liberties and Properties of the Subject and that while he lay ill of the Gout Mr. West came frequently to visit him and that his discourse was still of Lopping the Sparks That tho he had deserved to dye by the Law and that the King might justly put him to death for being in those Meetings where And that he had deserved Death by the Law a War was Debated yet he thought those men were Guilty of his Blood that were as deep as he and had betrayed him and taken his Life away He desired his Friends to be wary how they heard any Man speak or spoke themselves for there was no such thing as Faith in Man to Man He forgave all the World especially Mr Shepheard who as He said promised to carry him into Holland but instead of that brought him into the Condition wherein he then was He averred in the presence of God that he knew of no English He knew no Protestant in Ireland guilty of any Plot. Man or Protestant in Ireland that was engaged in the Conspiracy He said he could not excuse the Witnesses for aggravating things against him and making them worse then really they were To which when the Doctor was about to Reply Pray Sir give me leave said he for a Man to Invite a Man to a Meeting to Importune a Man to a Meeting to be perpetually Solliciting him and then to deliver him up to be hang'd as they had done Him He confessed he was present at many Meetings but that there were several Meetings wherein the Business of the Kings Life was never spoke of for he said they were for asserting the Liberties and Properties of the People And being press'd to explain that he said they were under general Apprehensions and so were the Lords that were likely to suffer of Popery and Slaveries coming in Upon the whole being told by the Dr. that he had confess'd himself Guilty enough to take away his Life He reply'd That he was so And being farther told that to say he could not forgive the Witnesses he at length said he did forgive them and pray'd God to forgive them Nevertheless soon after his Execution there was a Paper Printed A Paper printed in his Name after his Execution reflecting upon the Evidence which was said to be Written by Captain Walcot in Newgate and delivered to his Son before his Execution little differing from his Speech at the Gallows wherein he seem'd to complain of the Evidence and endeavour'd to deny his undertaking to charge the Guards while others did the business But in Answer to this Mr. West published another Paper maintaining and asserting Answer'd by Mr. VVest to publick satisfaction the Truth of his Testimony particularly as to his intention to charge the Guards declaring He had omitted an Expression of the Captains upon that Subject which he let slip in the multitude of particulars he delivered at the Tryal That he should say He look'd upon the Action to be so lawful and justifiable that he could Dye in it with a safe Conscience And that whereas he tax'd the Witnesses for Swearing him out of his Life to save their own it appear'd by his Letter to the Sâ—cretary that he would gladly have sav'd his own so and desired to have made the Duke of Monmouth and other Persâ—ns of Qualiâ—ies Blood to use his own Phrase the price of his own Life Observing very well at last that he did not think fit to express in his Paper any Sâ—nse of his Guilt or Repentance for it but rather seem'd to retain his Old Opinion of its being a Lawful thing That he only blam'd his own Credulity and advis'd his Friends only against trusting Men not against his Crime As for Hone he acknowledged himself Guilty of the Crime according Hone acknowledges himself guilty to the Law of the Land and the Law of God Rouse made a long Speech not much to the purpose as being only a Repetition of what was done in Court However at length Rouse acknowledges himself guilty he acknowledged himself Guilty of concelaing and maintaining Trayterous Correspondency and that it was just in God in the first place and righteous and just with the King in the second place that he Dyed The next day being Saturday the Lord Russel having taken leave The Lord Russel carryed to a Scaffold erected in Lincolns-Inn-Fields of his Lady the Lord Cavendish and several others of his Friends at Nâ—wgate took Coach with Dr. Tâ—llâ—tson and Dr. Burnet who accompanyed him to the Scaffold Built in Lincolns-Inn-Fields whether being come after a short pause he told the Sheriff
That he expected the noise would be such that he should not be heard and therefore he had set down in Writing what he thought fit to leave behind him protesting his Innocency of any Designs against the King's Person or of altering the Government He then told the Sheriff that he had been Informed That Captain Walcot had spoken some things concerning his Knowledge of the Plot and therefore desired to know whether the Report were true To which the Sheriff Answered That he did not hear him so much as Name his Lordship His Loâ—â—â—hip reply'd He hop'd he did not for that to his Knowledge he had never seen or spoken with him in his Life and then in the words of a Dying Man he professed He knew nothing of a Plot either against the King's Life or Government But that he had done with the World as going to a better that he had forgave all the World heartily and thanked God he Dyed in Charity with all Men. He wiâ—hed all the Protestants might love one another and not make way for Popery by their Animosities Then kneeling his Lordship prayed to himself after which Dr. His behaviour before he lay down Tillotson kneeled down and prayed with him and then he prayed a second time by himself which being done after he had made himself ready and ordered the Executioner after he had layn down a small moment to do his Office without a Sign he layed himself down upon the Block And then it was that the Executioner missing his first stroke though with the first stroke he took away Life at two more he severed his Head from his Body which was ordered by the Sheriff to be delivered to his Lordships Friends and Servants as being given them by His Majesties favour and bounty The substance of the Paper Delivered to the Sheriff was this In the first place he bless'd God for the many Blessings which he had bestoâ—ed upon him through the whole Course of his Life That he was Born of worthy good Parents and had had the advantage of a Religious Education which for many Years had so Influenced and possâ—ssed him that he felt the effects of it in his present Extremity That as he had liv'd so he dy'd a true and sincere Protestant and He dyed a Protestant of the reformed Religion in the Communion of the Church of England though he could never yet comply with or rise up to all the heigths of some People That he had always lov'd his Country much more than his Life and never had any Design of changing the Government which he valu'd and look't upon as one of the best Governments in the World and would have suffered any Extremity rather then have consented to any Design to take away the Kings Life Neithâ—r had any Man the Impudence to propose a thing so base and barbarous to him And that he look'd upon it as a very unhappy and uneasie part of his present Condition that there should be so much as mention of so vile a Crime That for the King he wished him well and sincerely prayed for Him He prays for the King That the Protestant Religion the Peace and Safety of the Kingdom might flourish under his Government and that he in his Person might be happy both here and hereafter That as for thâ— share which he had in the prosecution of the Popish His Opinion of the Popish-Plot Plot he proceeded in it in the sincerity of his Heart as being fully convinced that there was a Conspiracy against the King the Nation and thâ— Protestant Religion That as for his present Condition he had no Repineing in his Heart at it That he freely forgave the World and those that were concern'd in taking away his Life conjuring his Friends never to think of Revenge He denyed himself privy to any Design to seize the Guards but confessed he had heard some general Discourse of that Nature at the Lord Shaftsburies but that he flâ—w out into Exclamations against it But when he came to speak of the Sentence of Death that was pass'd upon him he reflected upon the Witnesses as if they had done him wrong and spoke more undecently of the Judges the Kings Council and the Jury then became a Person under his Circumstances which did not a little offend the Soveraign Authority and justly blemish his last Exit THE Charge and Defence OF Algernoon Sidney ESQVIRE UPON the 7th of November 1683. Algernoon Col. Sidney brought to the Bar. Sidney Esq was by Writ of Habeas Corpus brought up from the Tower to the Bar of the Kings-Bench Court where after he had held up his Hand he was Charged with an Indictment of High-Treason The general Heads of his Charge were For Contriving with others to disturb the Peace of the Kingdom Conspiring and Compassing the Deposing and Death of the King and the Subversion of his Conspiring the Death of the King Government For the fulfilling and perfecting which wicked Treasons he had met several of the Conspiraters at sundry Consultations for carrying on their Trayterous Designs That he had sent Aaron Smith into Scotland to invite divers of the King's Subjects in that Kingdom Sends Aaron Smith into Scotland into the Conspiracy and to come to London to Consult of aid and assistance to be given by them That he had compos'd and written or caus'd to be made and written a certain Trayterous and Seditious Libel wherein where these Words The Power Originally in the People of England is delegated to the Parliament He meaning his present Majâ—sty is subject as a Man to the People that makes him King in as much as he is a King the Law sets a measure to that Subjection and the Parliament judges of the particular Cases thence arising He must bâ— content to submit his Interest to theirs sincâ— he is no more then any one of them in any other respect than that he is by thâ— consent of All rais'd abovâ— any other If he does not like this Condition he may renouâ—ce his Crown but if he receive it upon that Condition as all Magistraâ—es do the Power thâ—y recâ—ive and swear to perform it he must â—xpect that the performance will be exacted or revenge takâ—n by those he has betrayed And in another place these words We may therefore change oâ— take away Kings without breaking any Yoke or that is made a Yoke which ought not to be one the Injury therefore is in maâ—ing and imposing and can be none in breaking The Charge being read and Colonel Sidney urg'd to plead Guilty or Not Guilty he objected first against the Validity of the Indictment which he said was a heap of Crimes put together distinct in Nature one from another and distinguished by Law and therefore the Indictment being erroneous was not to be Answered to He added farther That there were in the Indictment some Treasons or reputed Treasons that might come within the Statute of the 13th of this King the
Prâ—sâ—cution of which must be within six Months and the Indictmâ—nt within three So that if the business mentioned were six Months before his Commitment or above three before the Indictment he was not to Answer to those things That in the Case of Sir H. Vane the Sir H. Vâ—nes Case in 〈…〉 ' d. Court then said it and offer'd him that he might put in his Excâ—ptions and plead Not Guilty afterwards That if he pleaded to an erroneous Indictment and were acquitted he might be Indicted again Bills of Attaindâ—r having been upon Errors in Oririginal Indictments as that of the Duke of Somerset That as there were several things distinct in Nature distinguished by Law put together in the Indâ—ctment it was an impossible thing to make a possitive Answer to any one That if he were Charged with any particular Fact he could say He either did it or not But that in the Iâ—dictmâ—nt he found nothing specifi'd nor could he tell upon what Statute he was Inâ—icted and then he pray'd to see the Record To all his the Court made Answer That they could not let him see the Record but if he would hear it read again he might That there was no way but either to plead or demur if he thought the Indictment void which if he did he should be allow'd to make what Exceptions he pleas'd That as to what he alledged in reference to the 1 〈…〉 of this King whether he were without the time limited they were not bound to examine that before he had pleaded Till when let the Indictment be never so vitious there were no exceptions to be admitted Then the Prisoner offer'd a Parchment to the Court which he He offers a Plea in Parchment to the Court. said was a Plea But the Court advised him to consider himself and his Lâ—fe for that if he put in a Plea and the Attorney General demurr'd if his Plea were not found good his Life was gone Upon that the Colonel desired a days time to consider of it To which the Court replyed That they could not introduce new methods for any Body Here the Attorney General inform'd the Court That Mr. Williams Mr. Williams reprov'd exceeded his Commission and told the Prisoner several things for which he was reprov'd by the Lord Chief Justice Thus when the Prisoner saw he could gain nothing by contesting The Prisoner pleads not Guilty with the Court he at length pleaded Not Guilty Which when he had done he desired a fortnights time to prepare himself for his Tryal which was allowed him Next he desired a Copy of the Indictment which the Court told him they could not grant by Law Then he pray'd that Counsel might be assign'd him but that was likewise denyed him unless he could produce any Point of Law which the Court should think fit to be worth debating This drew from the Prisoner an Expostulation whether the Court would oblige him that was ignorant in the Law to raise Points in Law upon only hearing a long Indictment for things he knew nothing of To which the Lord Chief Justice reply'd That it was not the Judges but the Law that oblig'd him Therefore he was not to go away and say that they sat there to impose upon him for that they only fat to Administer the Justice of the Nation However the Court offer'd him that he might hear the Indictment read again if he desired it which at his request was done and then he was remanded back to the Tower Upon the 21st of November Colonel Sidnâ—y was brought to his The Colonel brought to hâ—s Tryal Tryal at the Kings-Bench-Bar where he first urg'd That whereas he had before desired a Copy of his Indictment and thought the Law allow'd it him he was still of the same mind and believ'd he could give a better Testimony that it was so upon the Statute of the 46 of Edward the 3d. wherein it was express'd That all People should have a Copy of the Record enumerating several Matters as well that against the King as other People which general Law was still in force He farther instanced That the Earl of Strafford had a Copy the Lord Stafford and the Lords in He urges the Earl of Staffords Case the Tower had Copies of their Indictments and therefore he thought it was never more necessary than for him whose Charge was so long and so confus'd and then offer'd a Copy of the Statute to the Court. To this the Lord Chief Justice reply'd That he remembred the Law very well however as the Court had deny'd him a Copy then so they did still notwithstanding they would deny him nothing that was Law For whereas he had alledg'd before the Case of Sr. H. Vane he gave the Prisoner to understand that it was then the Opinion of all the Judges that no Copy should be given either of the whole or any part of the Indictment Which Case he had order'd to be read in Court when his Counsel last mov'd for a Copy and thought he had thereby given them full satisfaction besides that by the Opinion of all the Judges of England the Lord Russâ—l was in like manner deny'd a Copy of his Indictment Nevertheless he had heard his Indictment read in Latin which was deny'd to Sir H. Vane and that therefore the Court had shewn him more The extraordinary savour of the Court toward him savour then perhaps in strictness they ought to have done Thereupon he order'd the Clark to proceed upon the Arraignment as not becoming the Court to spend time in Discourses to Captivate the People So that after several Challengâ—s the following persons were Sworn upon the Jury John Anger Richard White William Lynn Lawrence Wood Adam Andrews Emerie Arguise Josiah Clark George Glisby Nicholas Baxter William Reeves William Grove and John Burt. Here the Lord Chief Justice gave a caution to the Jury not to admit any persons to whisper to them with a Charge to inform the Court if any did so After this the particulars of the Matter in Evidence being first shortly opened by Mr. Dolben and enlarg'd upon by the Attorney General the Witnesses were call'd and first of all Mr. West Col. Sidney excepts against Mr. VVâ—st Upon whose appearance before he was Sworn the Prisoner urg'd That Mr. Wâ—st had confessed many Treasons and therefore desired to know whether he were pardon'd or no alledging that otherwise he could not be a good Witness But the The objection against him not allow'd Lord Chief Justice declaring That he knew no legal Objection against him and that he had been a good Witness in the Lord Russel's Tryal he was Sworn and gave in Evidence That Captain Walcot came to him in October last and told him That the Lord Shaftsbury had design'd an Insurrection in November against which he used some Arguments to diswade him That soon after he came to him again and told him the thing was wholy disappointed upon which the Earl of
Attorney General said He had only one piece of Evidence to give more That he was one of the Accomplices of the Lord Russel and therefore he would give in Evidence his Conviction To which purpose the Lord Howard was ask'd Whether he was not Sworn as a Witness at the Tryal of the Lord Russel who Ansering Yes The next Question was Whether in those debates there were any Reflections upon the King that he Reflections upon the Kings Misgovernment particularly for imposing upon the City had broken his Duty to which the Lord Howard Answered Not personally upon the King but upon his Misgovernment and principally that which they thought was the general disgust of the Nation their imposing upon the City at that time which was the thing then complain'd of and look'd upon as the chief Grievance Then the Copy of the Conviction being Sworn by Mr. T to be a true Copy examin'd by the Original was read Here the Attorney General rested unless the Jury desired to hear the Words of the Libel read again which they did not So that Colonel Sidnâ—y being now free to make his Defence desired The Prisoner desires to know upon what Statute he was Indicted Is Answered upon the 25th of Edward the 3d. in the first place to know upon what Statute he was Indicted to which it was Answered by the Attorney General that he was Indicted upon the Statute of the 25th of Edward the 3d. The Prisoner desired to know upon what Branch of the Statute It was reply'd Upon the first Branch for Conspiring and Compassing the Death of the King To which the Prisoner reply'd That then he conceiv'd that what came not within that Statuâ—e did not touch him and desired to know what the Witnâ—sses had Sworn against him upon that Point the Lord Chief Justice told him repeating the Attâ—rney Generals Words That he was Indicted upon the Statute of the 25th of Edward the 3d. which makes it High-Treason to Conspire the Death of the King and that the Overt Act was sufficiently set forth in the Indictment the Question was Whether 't were prov'd To which the Prisoner pleaded That they had prov'd a Paper found in his Study of Caligula and Nâ—ro and ask'd whether that He puts a Question as to his Paper were Compassing the Death of the King The Lord Chief Justice reply'd He should tell the Jury that Aswered by the Court. and told them that the Point in Law they were to receive from the Court but whether there were Fact sufficient was their Duty to consider Then Colonel Sidney undertook his Defence saying That since he was Indicted upon that Statute he was not to take notice of any other That he was Indicted for Conspiring the Death of the King because such a Paper was found in his Study That under favour he thought that would be nothing to him For that tho Sir Phillip Lloyd did ask him whether he would put his Seal to it He did not ask him till he had been in his Closâ—t and he did not know what he had put in and therefore he told him he would not do it That then came the Gentlemen upon similitude of Hands to which he Answered That it was well known what similitude of Hands was in this Age. That a Person came to him He denies the similitude of hands to be a good proof and told him but about two days before that one came to him and offer'd him to counterfeit any hand he should shew him in half an Hour and therefore he had nothing to say to those Papers Then for Point of Witness that he could not be Indicted much He alledges two Witnesses to the branch to which the Treason relates less Tryed or Condemned upon the 25th of Edward the 3d. for that by that Act there must be two Witnesses to that very Branch to which the Treason relates which must be distinguished For the Levying of War and Conspiring the Death of the King are two different things distinct in Nature and Reason and so distinguished in the Statute and therefore the Conspiring the Death of the King was Treason the other not That the 1st of Edward the 8th 12th and 5th Edw. 6. 11. did expressly say there must be two Witnesses in either of those Acts. That then there was the Lord Howard who only spoke of six Men whom he call'd a Select Council and yet Selected by no Person in the World He desir'd to know Who Selected the Lord Howard or who Selected Him That if they were Selected by no Body it was a Bull to say they were a Selectâ—d Council That if they were not Selected but Erected themselves into a Cabal then they had either Confidâ—nce in one another or found they were ne're able to assist one another in the Design But there was nothing of all that for that those six Men were Strangers one to another That for his part he never spake with the Duke of Monmouth but three times in his Life and that one time was when â—he Lord Howard brought him to the Prisoners House and couzen'd them both by telling the Duke that the Prisoner had invited him and the Prisoner that the Duke invited himself and neither true Now that such Men as those were hardly knowing one another should presently fall into a great and intimate Friendship and trust and management of such businesses as those were was a thing utterly improbable unless they were mad That he found in the Lord Howards Deposition against the Lord Russel That they were in Prosecution of the Earl of Shaftsbury's Design and yet acknowledged that the Duke of Monmouth said he was mad and that he himself said so too That therefore should they have joyned with four more in the Prosecution of the Design of a mad-Man they must be mad too Only whether the Lord Howard would have it thought he was mad because a mad-Man could not be Guilty of Treason he could not tell That the Lord Howard in his last Deposition had fix'd the two Meetings one about the middle of January and the other ten days after but that now he had fix'd the one to be the latter end of January and the other about the middle of February and that then he made it to be the Prosecution of the Lord Shaftsbury's Design but he did not find that any one there had any thing to do with the Lord Shaftsbury that for his part he had not neither had he seen his Face in two Years Then the next thing that he went upon was That The Lord Howard but one Witness what ever the Lord Howard were he was but one Witness That the Law of God and Man requir'd two Witnesses So that for one to come and speak of an Imaginary Council another of a Libel Written no Body knew when was such a thing that never could be got over That if the Law of God were that there must be He pâ—rsues his Argument for the necessity
any Man living That he told him moreover That there were certain Persons of Quality whom he was very much concern'd for that they should be so much reflected upon or troubl'd and condol'd their Condition very much both before and after That upon Discourse at another time which he had omitted at the Lord Russels Tryal by reason of the reproof that was accidentally given him upon Discourse of the Plot the Lord Howard assur'd him That it was certainly a Sham even to his knowledge too black for any Minister of publick Employment to have devis'd but that it was forg'd by People in the Dark such as Jesuits and Papists and that it was in his Conscience That thereupon he adviz'd him to make an Address to the King under his hand to testify his abhorrency of the Thing Then being ask'd by his Lordship to whom he should apply himself he pitch'd upon the Lord Hallifax and going to him told him that the Lord Howard was willing to set it under his hand his detestation of the Plot and that there was no such thing to his knowledge but that upon the Lord Russels being taken the thing was laid aside Mr. Blake declar'd That about six Weeks since the Lord Howard Of Mr. Blake sent for him to come and see him That he went upon Discourse of News he told the Lord Howard That he heard no body had their Pardon but he that first Discover'd the Plot to which the Lord Howard Answered No but that he had a Warrant for it and that he had their Word and Honour for it but he would do nothing in it till he had farther Orders That he heard nothing of it and could Ascribe it to no other Reason but that he must not have his Pardon till the drudgery of Swearing was over Grace Tracey declar'd That the Lord Howard protested he Of Grace Tracy knew nothing of a Plot and that he was sure Colonel Sidney knew nothing of it And farther added That if he had known any thing of it he must needs have known of it for that he knew as much of his Concerns as any one in the World and took God to Witness of his Protestation Elizabeth Penwick declared That the Lord Howard ask'd for Of Elizabeth Penwick him and they said he was taken away by a Man to the Tower for a Plot upon which he took God to Witness that he knew nothing of it neither did the Colonel but said it was only Malice desiring withal that the Colonels Plate might be sent to his House to be secur'd Then one Mr. Wharton stood up and offer'd to the Court that Mr. Wharton offers to imitate the hand if the sheets might be shewn him he would undertake to imitate them in a little time that they should not know which was which Then the Prisoner proceeding to his Defence set forth That The Prisoner proceeds in his defence He argues upon the Statute of the 25th of Edward the 3d. there was a large Complication of Crimes laid to his Charge That he understood they were under the Statute of the 25th of Edward the 3d. That the Statute had two Branches one relating to War the other to the Person of the King That that which related to the Person of the King made the Conspiring Imagining and Compassing the Death of the King to be Criminal That the Branch concerning War was not so unless it were levy'd That he could not imagin to which of the two they referr'd his Crime For that to say that a Man did meet to Conspire the Kings Death and for him that gave the Accompt of the business not to say one word of it seem'd extravagant For that Conspiracies had always their Denomination from that Point to which they tended That the King had two Capacities Natural and Politick that the Politick could not be within the Statute for in that sense he never dy'd so it was absur'd to say it should be a fault to Kill the King who never dy'd That then it must be understood in the Natural Sense which was to be done either by Sword Pistol or other violent way So that if there were not one word of this then it was utterly at an end though the Witness had been good That as to the Point of Levying War it was made Treason so it He argues as to the Point of Levying War were prov'd by an Overt Act but that there never was an Overt Act or could be pretended in his Case So that if the War were not Levy'd it was not within the Act. Therefore in his Case it was imply'd it was first imagin'd that he intended to raise a War and then it was imagin'd that that War should tend to the Destruction of the King which though it might follow was neither Natural or Necessary and so could not be so understood by the Law That therefore it was two distinct things to make War and â—o endeavour to kill the King and that as there was no manner of pretence that he should endeavour to Kill the King directly so it could not be by Inference because it was Treason under another Species Upon which he cited the Lord Colce who says it is the Overthrow of Justice to confound Membra Devidâ—ntia From whence he argu'd That if the making of War could not be understood to be a Conspiring the Death of the King that then he was not Guilty of the Indictment but in his Case there was neither Conspiring the Death of the King nor making War nor Conspiring to make War besides that the Law required two Witnesses That as to the business of Aaron Smith the Lord Howard told The business of Aaron Smith conjecturally and implecitely Sworn it so imperfectly and so meerly conjecturally that there was nothing in it but his Rhetoric to set it out for that he never told by whom it was Writ nor what was in it or whether it were delivered or no. And whereas it was urg'd that the Scotch Gentlemen came to Toâ—n he professed he never heard of their Names till they were named to him in the Tower That as to the Papers if any thing were to be made of them His Plea in reference to the Papers they were to produce the whole for that it was impossible to make any thing of a part of them But though some Papers were found in his Study though it were a Question whether they were found there or no or whether they were not Counterfeit yet the hand was such as shew'd they had been Written many Years He then put it to the Court by way of Question If any body had found Papers in his own hand or anothers that were not justifyable whether that were Treason whether that imagin'd the Death of the King And if eâ—er any Man could say he ever publishâ— a Shâ—et in his Life he would submit to punishment Then he ask'd what Concatâ—nation those Papers could have with His Plea as to
concerned in his Design he might Name three parts of London His last wheedle was That he had no Design against His Majesties Person but that what was intended was only for the good of the King and Kingdom and that so he suppos'd it would have been The Paper Delivered to the Sheriffs was but an Epitemy of his Confession to the King which has been already said was no more then an Accompt of what has been already Printed in all the considerable Tryals of the late Executed Offenders or rather not so much Lastly As for his Religion he professed himself neither a Dissenter from the Church of England nor joyn'd with them altogether concluding his last Words That the Scriblers might be put down as having done the Kingdom more Mischief then any thing else After which being ask'd whether he had any more to say he Answered No and then the Sheriff desired of God to have Mercy on his Soul FINIS AN ABSTRACT OF THE PROCEEDINGS AT THE Kings-Bench AT VVESTMINSTER AGAINST Sr. Thomas Armstrong Vpon an Outlawry for High-Treason upon Saturday June the 14h 1684. BY ANOTHER HAND SIR Thomas Armstrong being then brought to the Bar of the said Court by Vertue of a Writ of Habeas Corpus directed to the Keeper of Newgate and the return of the Writ being read by the Clerk of the Crown it appeared he was in Custody of the said Keeper by a Warrant from the Honourable Sidney Godolphin Esq one of His Majesties Principal Secretaries of State Which Warrant being read in Court and the Award of Execution upon the Outlawry being demanded by His Majesties Attorney General and Sir Thomas being thereupon Arraigned and asked what he had to say for himself why Execution should not be awarded against him according to Law At first he seem'd as having nothing to say for himself only begg'd a Tryal which being denyed him as a thing which indeed it was not in the Power of the Judges themselves to grant he then insisted upon a Statute made in the Sixth of Edward the Sixth by which it was provided That if the Person Outlawed should within one Year after the Outlawry was pronounced or Judgment given thereupon yield himself to the Chief Justice of England for the time being and after to Traverse the Indictment or Appeal whereupon the said Outlawry was pronounced that then he should be received to the Traverse c. And though Sir Thomas pretended to render himself within the Year being then present at the Kings-Bench-Bar yet the Court did not think this a yielding in the Sense of the Statute being at that time under restraint and not at his own disposal without any semblance that he would otherwise have yielded up himself to Justice at all And indeed it is very strange that yielding and being at Mercy whether a Man will or no should be Interpreted the same as if a voluntary act and a necessary misfortune in which we are only passive were the same besides that he that yields only in this Sense and Circumstance when it is impossible for him to flye any longer is in reason still looked upon as a flying Person because his Will still flyes though his Body cannot and he that in all appearance would still continue to flye if he were able there being before his Apprehension no Antecedent appearance of a voluntary surrender is by no means within the Favour of the Traverse because the Reason of the Award is founded upon a supposed acknowledgment of Guilt which is express'd by flight and this tacite Acknowledgment does still remain if the Person do no otherwise surrender himself but by force and because it vvas not in his Povver to have avoided it though he vvould never so fain Sir Thomas his Affair may be Illustrated by a parallel Instance Suppose a French Army set down before one of the Spanish Tovvns in Flanders the General sends a Summons and offers such or such Conditions in Case of a surrender before such a day vvhich Conditions are rejected by the Governour of the Town who stands wholly upon his Defence and vvill hear of no sort of Overtures vvhatsoever It so happens upon this that the Tovvn is taken by Storm before that day comes the Question is Whether Burgess of this Tovvn may lay claim to the performance of the said Conditions And my Opinion is That a Tovvn taken may be as properly said to yield as Sir Thomas Armstrong Besides that is very strange that an Act of Parliament vvhich is in other Cases so Nice and Circumspect sometimes by heaping up Synonimous Words and all other Words of a different signification the better to prevent all exception should in this be so careless as to Confound Liberty and Necessity together the tvvo things of all the World that are the most Distant from and Opposite to one another Sir Thomas after this laid vvhat hold he could on the Favour shevvn to Holloway a little before but that being meerly an Act of Grace from the King vvho is the best Judge and the only Proprietor of his own Favours and so not lying before the Court after some Altercation Execution was ordered upon the Fryday following and for his Behaviour at the place of Execution I refer you to the Sheriffs Papers FINIS