The Arraignment, Tryal & Condemnantion of Algernon Sidney – 1

Content Warning

Some of the works in this project contain racist and offensive language and descriptions that may be difficult or disturbing to read.  Please take care when reading these materials, and see our Ethics Statement and About page.

(1)

An Exact
ACCOUNT
of the
TRYAL
OF
Algernon Sidney Esq,
Who was Tryed at the
Kings-Bench-Bar
AT
WESTMINSTER

This present Wednesday: being the twenty first of Novem-
ber for Conspiring the Death of the King, and his Roy-
al Highness, of which he was Convicted.

THe Court being sat, My Lord Chief Justice, Mr. Justice
Withens, Mr. Justice Holloway, Mr. Justice Walcot, sitting
on the Bench, and the usual O yes, being made, the Jury
was called, Mr. Sidney would have challenged some, because they
were no Freeholders but my Lord Chef Justice, told him that was
no Exception and that, that Case had been several times over-ru-
led, and particularly in my Lord Russels Case; so that he was forced
to Acquiese, and after having excepted against several without
shewing cause, at last the Jury was Empannelled, and the Indict-
ment being read, and most Elegantly, and Legally, opened by the
Kings learned Council at Law, the witnesses was called for the King.

The first that was called was Mr. West, who began to discourse,
and prove the Plot in General: but Mr. Sidney taking Exceptions at
this way of proceeding my Lord Chief Justice, told him, it had been
the ordinary way of the Court, and particularly, in the Tryal of
the 5 Jesuits: so the Evidence proceeded, and afterwards did pa-
ticularize, that though himself, did hold no Correspondence with

(3)

that at the Tryal of the late Viscount Stafford, where it was agreed
on by all the Judges, that it was not necessary, so that they both pro-
ved the Treason, so that if one Witness proved a Fact, or an overt
Act of Treason in one County, and another overt Act in another
County, they were two good Witnesses in Law, because they both
proved Treason. His next Argument was, that he conceived him-
himself only Guilty of Misprision of Treason, because it could not be
proved, that he writ the Treasonable Letter that was to be sent into
Scotland, by Aron Smith, but he was told by the Court, that his point
of Law, likewise failed him in that Case, for if one be by, where
Treason is consulted, though they never say nothing, if they do
not discover, it’s not imprision of Treason, but High-Treason, as all
the Judges had resolved in the tryal of the lae Lord Russel: then he
endeavoured to prove, that my Lord Howard owing him some Mo-
ney, and that he claiming it, My Lord spoke, that he would be re-
venged on him: then he insisted upon something of foreign Laws,
and flourished with some sentences of Scripture, which because
they were not penitent to the present proceeding were looked on as
frevilous. Then he proceeded to several other topicks, to shew the
improbabilitie of such a designe, he speaking very Floridly, & often
smileing as if he did not qustion but to have a good dilivery. First
he endeavoured to shew the improbabilitie of his being in such a de-
sign, from the greatness of his Age, he being a good deal above
threescore, and besides very infirme: which might induce any body
to believe as he sayed, that the Fire of Ambition must be extin-
guished, and that it was fitter for him to think of a Retiring place,
and give up the latter end of his days to ease and quiet, he having
been all his life time in a perpetual hurry: His other topick was
not of improbabilitie, but endeavoured to insinuate an unpossibil-
litie of his being concerned, because he sayed he was no popular man
and consequently unfit to be concerned in such an Affaire, where
it was fit the people concerned should be Darlings of the Mobile,
that so they might manage them at their pleasure, These were only
looked upon by the Court as flourishes, which were not very mate-
rial, and so giving him a short and pithy Answer desired him to pro-
ceed to more solid arguments, and to call in his evidence, which
were many but were able to say litle in the Prisoners behalf.

The first was my Lord Anglesey, he attested that my Lord How-
ard, had protested after the breaking out of the Plot at my Lord Bed-
fords, that he knew nothing of it, this was likewise attested by my
Lord Baget, and by one Mr. Philip Howard, with many Circumstan-
ces, to long to put down in so little a Paper. He likewise produced
in Court, his two Maid-Servants, who attested much what the
same, that the other against my Lord Howard, as before most of them
had done, at my Lord Russels Tryal, and received much what the
same Answer from the Court, &c. that my Lord was not obliged to
tell every body he met, how deeply either, he or any body else,
was concerned in the Plot. M. Sidney, having made the best defence
he could, sat him down, and Mr. Soliciter General summ’d up the
Evidence, most learnedly and distinctly. First, shewing the con-
vincing proofs on the Kings side, then from Point, to Point, an-

THE
Arraignment, Tryal & Condemnation
OF
Algernon Sidney, Esq;
FOR
High-Treason.
For Conspiring the Death of the
KING,
AND
Intending to raise a Rebellion in this
KINGDOM.

Before the Right Honourable
Sir GEORGE JEFFREYS, Knight and Baronet,
Lord Chief Justice of England, at His Majesties Court of
Kings-Bench at Westminster, on the 7th, 21th, and 27th. of November,
1683.

LONDON,
Printed for Benj. Tooke at the Ship in St. Paul‘s
Church-Yard, 1684.

[1]

THE
ARRAIGNMENT
OF
Algernon Sidney, Esquire,

November, 7th. 1683

ALgernon Sidney Esquire, was by Habeas Corpus brought up
to the Bar of the Court of King’s-Bench, and the Clerk of
the Crown having read the Return, Mr. Attorney General inform-
ed the Court, there was an Indictment against the Prisoner, and
prayed he might be charged with it.

Clerk of the Crown. Algernon Sidney hold up thy hand (which
he did.)

Midd. SS. THe Jurors for our Lord the King, upon their Oath do
present, That Algernon Sidney, late of the Parish
of St. Martin in the Fields, in the County of Middlesex,
Esquire, as a false Traytor against the Most Illustrious,
Most Excellent Prince, our Lord Charles the Second, by
the Grace of God, King of England, Scotland, France and
Ireland, and his Natural Lord, Not having the fear of
God in his Heart, nor weighing the Duty of his Allegiance,
but moved and seduced by the instigation of the Devil, ut-
terly withdrawing the cordial Love, and true, due and natu-
ral Obedience, which a true and faithful Subject of our said
Lord the King should bear, towards him the said Lord the
King, and of Right is bound to bear; Contriving, and with
all his Strength intending, to disturb the Peace and Common
Tranquility of this Kingdom of England, and to stir up and
move War and Rebellion against the said Lord the King,
and to subvert the Government of the said Lord the King,
in this Kingdom of England, and to Depose and Deprive the
said Lord the King, from the Title, Honor and Regal Name,
of the Imperial Crown of his Kingdom of England, and to
bring and put the said Lord the King to Death, and final

[2]

Destruction, the thirtieth Day of June, in the Five and thirtieth Year
of the Reign of our Lord King Charles the Second, now King of Eng-
land, &c. and divers other Days and Times, as well before, as after,
at the Parish of St. Giles in the Fields, in the County of Middlesex,
Maliciously and Trayterously, with divers other Traytors to the Jurors
aforesaid unknown, did Conspire, Compass, Imagine and intend to De-
prive and cast down, the said Lord the King, his Supreme natural
Lord; not only from the Regal State, Title, Power, and Rule of his
Kingdom of England: but also to Kill and bring and put to Death,
the same Lord the King, and to change, alter and utterly Subvert, the
Ancient Government of this his Kingdom of England, and to cause and
procure a miserable Slaughter among the Subjects of the said Lord
the King thorow his whole Kingdom of England, and to move and stir
up an Insurrection and Rebellion against the said Lord the King,
within this Kingdom of England, And to fulfil and perfect those his
most horrid, wicked, and diabolical Treasons, and trayterous Compassings,
Imaginations, and Purposes, the same Algernon Sidney as a false
Traytor, then and there, and divers other Days and Times as well be-
fore as after, Maliciously, Trayterously and advisedly, did Assemble
himself, meet and consult with the aforesaid other Traytors to the Ju-
rors aforesaid unknown, and with the same Traytors did Treat of, and
for those his Treasons and Trayterous Compassings, Imaginations and
Purposes, to be executed and fulfilled. And that the aforesaid Algernon
Sidney as a false Traytor, maliciously, trayterously and advisedly, then
and there, and divers other Daies and Times as well before as after,
upon himself did assume, and to the aforesaid other Traitors did pro-
mise, That he would be Aiding and Assisting in the Execution of their
Treasons and Trayterous Compassings, Imaginations and Purposes
aforesaid, and to fulfil, perfect and reduce to effect those their most
horrid Treasons and Trayterous Compassings, Imaginations and
Purposes aforesaid, the same Algernon Sidney as a false Tray-
tor, then and there Falsely, Maliciously, Advisedly and Tray-
terously did send one Aaron Smith into Scotland, to invite, pro-
cure, and incite divers evil disposed Subjects of our said Lord the
King, of his Kingdom of Scotland, to come into this Kingdom of Eng-
land, to advise and consult with the aforesaid Algernon Sidney, and
the aforesaid other unknown Traytors in this Kingdom of England, of
Aid and Assistance to be expected and supplied from the Kingdom of
Scotland to fulfil, perfect, and reduce to effect those their most Wick-
ed, Horrid, and Traiterous Treasons aforesaid. And that the afore-
said Algernon Sidney to fulfil and perfect those most Wicked, Horrid,
and Devilish Treasons, and Traiterous Compassings, Imaginations and
Purposes aforesaid, And to perswade the Subjects of the said Lord the
King of this Kingdom of England, That it is lawful to make and stir up
an Insurrection and Rebellion against the said Lord the King that now
is, the said Thirtieth day of June, in the Five and Thirtieth year of the
Reign of the said Lord the King that now is, at the Parish of St. Giles
in the Fields in the County of Middlesex, falsely, unlawfully, wickedly, se-

[3]

ditiously, and Traiterously, did make, compose, and write, and caused
to be made, composed, and written a certain false, Sediti-
ous and Traiterous Libell, in which said False, Seditious and Trai-
terous Libel among other things is contained as followeth in these
English words, viz. The Power Originally in the People of
England is delegated unto the Parliament, He (the most
Serene Lord, Charles the Second now King of England, meaning)
is subject unto the Law of God, as He is a Man to the People,
that makes him a King, inasmuch as He is a King, the Law sets a
measure unto that subjection, and the Parliament Judges of the
particular Cases thereupon arising, He must be content to submit
his interest unto theirs, since He is no more then any one of them,
in any other respect then that He is by the consent of all, raised
above any other; if He doth not like this Condition,
He may renounce the Crown; but if he receive it upon that
Condition (as all Magistrates do the Power they receive) and
swear to perform it, He must expect that the performance will be
exacted or revenge taken by those that He hath betrayed. And
that in another place in the said false Seditious and Trayterous Li-
bel, among other things, these False, Seditious and Trayterous English
Sentences are contained (that is to say) We may therefore change
or take away Kings, without breaking any Yoke, or that is made a
Yoke which ought not to be one, the injury is therefore in ma-
king or imposing, and there can be none in breaking it, Against
the Duty of his Allegiance, against the Peace of the said now Lord
the King, His Crown and Dignity,&c. And against the Form of
the Statutes in this Case made and provided, &c.

How sayst thou, art thou guilty of this High Treason whereof
thou standest Indicted, or not Guilty?

Col. Sidney. My Lord, I find here a heap of Crimes put toge-
ther, distinct in nature one from another, and distinguished by
Law; and I do conceive, My Lord, That the Indictment it self is
thereupon voyd, and I cannot be Impeached upon it.

L. C. Justice. We are not 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 surpri-
sed in it, I never was at a Tryal in my life of any Body, and never
read a Law-Book.

L. C. Just. 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

(4)

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 Indict-
ments that are erroneous, and if they are erroneous and vitious,
they are null, and ought not to be answered to.

Mr. Just. Wythins. If you please to demur to it, you shall have
liberty to make any Exceptions.

Col. Sidney. I don’t demur, ’tis 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 fa-
vor, I hope to do.

L. C. Justice. 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. Justice. Sir, I must tell you, you must either Plead or De-
murr.

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 Prosecuti-
on must be in Six Months, and the Indictment within Three.
Now, my Lord, if that this Business is mentioned, be above
six Months before my Commitment, or above three before the In-
dictment, I think, under favor, I ought not to answer to these
Matters.

L. C. Justice. You are mistaken in the Law. That will be sa-
ved when the Fact comes to appear. If they alledge the thing
to be at a time, which according to that allegation would main-
tain 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 in-
dictments, as that of the Duke of Somerset. Now if there be
here several things distinct in Nature, distinguished by Law that
are put together, ’tis 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 se-
veral 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 specify-
ed, or can tell upon what Statute I am indicted. I pray, I may see
the Record.

L. C. Justice. That we can’t do. You shall hear it read again if

[5]

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 (shew-
ing a Parchment.)

L. C. Justice. What is it? Put in what Plea you shall be
advised; but if you put in a special Plea, and Mr. Attorney de-
murrs, 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. Justice. 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-infor-
med, and this the Court tells you, as a Duty incumbent on
them.

Mr. Just. 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 run
on dark and slippery Places, I don’t see my way.

L. C. Justice. 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 Me-
thods 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 An-
swer or Demurr to it.

L. C. Just. He must either Answer or Demurr.

Col. Sidney. Are there no Exceptions to be admitted?

L. C. Justice. 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. Just. 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 Justice. 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.

[6]

L. C. Justice. 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 Parch-
ment.)

L. C. Justice. 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. Attor-
ney 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. Justice. He askes you a particular thing. ‘Tis 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 Justice. 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. Justice. 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 ne-
cessity, 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. Justice. 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. Justice. 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.

[7]

Mr. Att. General. I won’t oppose it.

Col. Sidney. In the next place I desire a Copy of the Indict-
ment.

L. C. Justice. We can’t grant it by Law.

Col. Sidney. I desire you would please to give me Counsel.

L. C. Justice. 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. Justice. No.

Col. Sidney. I have several Points of Law.

L. C. Justice. 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. Justice. ‘Tis not we oblige you Mr. Sidney, ’tis the Law
obliges you. We are the Ministers of the Law, ’tis the Law says
we are not to allow you Counsel without making your Objecti-
ons, that the Court may understand whether it be fit; ‘Tis 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. Justice Wythins. Sir you will have a Fortnights time to con-
sider of Objections in Law.

L. C. Justice. 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 La-
tine.

Then the Indictment was read in Latine.

Col. Sidney. What is that Statute.

L. C. Justice. When you come to your Tryal, Mr. Attorney will
tell you what Statute he goes upon. And he may give in Evi-
dence, any Act of Parliament that comprehends Treason.

[8]

Col. Sidney, My thinks he should say what Statute he goes
upon.

Mr. Just. Wythins. Sir, would you have a new Indictment for
you?

L. C. Justice. He must take notice of his Tryal this day fort-
night; Lieutenant of the Tower, you may take the Prisoner back
again.

Then the Lieutenant of the Tower took away
his Prisoner.

[9]

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 Proclama-
tion for Information being made, he desired Pen, Ink
and Paper, which were granted him. And he also de-
sired, 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 Lord-
ship, I did desire a Copy of my Indictment, and I thought the
Law did allow it me. But being in a 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 de-
prived 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 ‘ tis so now upon the Statute of 46. E. 3.
wherein ’tis 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 tran-
scribed of this Statute. [Shewing a Paper.

[10]

Lord Chief Justice. 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 opi-
nion 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 sa-
tisfie 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 to you in Latine, which was denyed
in the Case of Sir Henry Vane. And there is a later Case known
to most persons here. By the opinion of all the Judges of
England, a Copy of the Indictment was denyed to my Lord
Russel. Therefore arraign him upon the Indictment; we must
not spend our time in discourses to captivate the people.

Col. Sid. Is not this a good Law, my Lord? {(Holding out the Paper. }

L. C. J. You have the rule of the Court.

Mr. Just. Wythens. Any thing the Law will allow you, you
shall have; but I am sure if you did advise with your Counsel,
they must tell you the same thing.

So the Clerk of the Crown called the Jury, and after several
Challenges, the names of the Jury were as follow,

The Jury.

John Amger. […] Josias Clerke.
Richard White.[…] George Glisby.
William Linn.[…] Nicholas Baxter.
Lawrence Wood. […] William Reeves.
Adam Andrews. […] William Grove &
Emery Arguise. […] John Burt.

L. C. J. Look you Gentlemen of the Jury, there are some
Gentlemen at the Bar, as we are informed, are apt to whisper to
the Jury; ’tis no part of their duty; nay, ’tis against their duty:
and therefore Gentlemen, if you hear any of them by you, that offer
to whisper, or make Comments in this Cause, as you are upon
your Oaths, and I doubt not but will do your duty between the
King and the Prisoner; so I expect if you hear the Counsel say
any thing, you will inform the Court. Let us have no Remarks,
but a fair Tryal in God’s Name.

[11]

Cl. of Cr. You that are sworn look upon the Prisoner, and
hearken to his Cause. He stands indicted by the Name of Al-
gernon Sidney of, &c. (as in the Indictment) your Charge is to
inquire, &c.

Then Proclamation for Evidence was made.

Mr. Dolben. May it please your Lordship, and you Gentle-
men that are sworn. This is an Indictment of High Treason pre-
ferred against Algernon Sidney, the Prisoner at the Bar. The In-
dictment sets forth, That he as a false Traitor against our most Il-
lustrious Prince, Charles the Second, his natural Lord, not having
the fear of God in his heart, &c. On the Thirtieth of June in the
Thirty Fifth Year of the King, and divers other days and times,
as well before as after, in the Parish of St. Giles in the Fields,
in the County of Middlesex, traiterously, with divers Traitors
unknown, did conspire the Death of the King, and to levy War
within this Kingdom. And to complete these Traiterous Purpo-
ses did then and there maliciously, advisedly and traiterously send
one Aaron Smith into Scotland, to excite some ill disposed persons
of that Kingdom to come into this, and to consult with the said
Algernon Sidney and other Traitors, of and upon assistance from
the Kingdom of Scotland, to carry on those Designs. And the In-
dictment sets forth further, that to perswade the people of England
it was lawful to raise Rebellion, the said Algernon Sidney did
cause to be written a false Seditious Libel, in which is contained
these English Words, The Power originally in the People of England
is delegated unto the Parliament. The King is subject to the Law of
God as he is a man to the people that makes him a King. In
as much as he is a King, the Law sets a measure unto that Subjection,
&c. (as in the Indictment.) This is laid to be against the duty
of his Allegiance, against the peace of the King, his Crown and
Dignity, and against the Form of the Statute in that Case made
and provided. If we prove him guilty, we doubt not but you will
find it.

Mr. Att. Gen. My Lord, and you Gentlemen of the Jury, the
Prisoner at the Bar stands indicted of the highest Crimes, the
conspiring the Death of the King, and the Overthrow of the
English Monarchy. Gentlemen, we shall use this Method in our
Evidence. We shall shew by many Witnesses, that there was a
design of raising and making a Rebellion within this Kingdom.
For, Gentlemen, you must take notice, and I think there is no
English Man but does believe, that for several years last past a
design was laid, and for that purpose several secret Insinuations
were made use of, and publick Libels spread abroad to perswade
the people that the King was introducing Arbitrary Power, that he
subverted all their Rights, Liberties, Properties, and whatever
was dear to them. They endeavoured to make the world believe

[12]

the King was a Papist. And when, Gentlemen, by such Strata-
gems they had worked upon many incautelous persons, when they
thought they had gotten a sufficient party, then there was a de-
sign of an open rising (for they thought all things were ripened)
and that was to be in several parts of the Kingdom. Some per-
sons to effect this design were for a present Assassination of the
King. Others would do it in a more fair and gentile way. They
thought it below persons of that great Quality as the Prisoner is,
and therefore were for doing it by open Force.

When we have given that general Evidence, we shall then
come to shew you what share and part the Prisoner had in this
Design. For certainly he was looked upon as a very eminent
person, whose Education abroad, and former practices at home
had rendred him fit to advise and proceed in such Affairs. We
shall prove when these matters were ripe, this Gentleman was of
the Council of State, of the Six that were to manage this matter
of the Rising. We shall shew the several Consultations they
held: one at Mr. Hambden‘s House, another at the House of my
Lord Russel. There we shall acquaint you what Debates they had;
for they acted like very subtil Men; and there they debated, whe-
ther the Rising should be first in the Country or City, or both to-
gether. They came to a resolution is should be in both places at
once. Then when they had asserted that point, they come to con-
sider the time of Rising; and upon that they thought fit to call in
Aid of Scotland first; and that was this Gentleman’s particular
Province. For he being a man of great Secresie, was to send an
Emissary into that Kingdom, and invite some persons over to treat
with them about it. We shall prove that an Emissary was sent,
and this Gentleman gave him a considerable Sum to bear his
Charges. We shall prove that several Scoth Gentlemen, in pur-
suance of this Resolve, came here to treat with this great Council
of State, about this Affair: And shall make it appear to you, that
assoon as ever the least Discovery of this Plot was, these persons
concealed themselves and withdrew, as the rest of the Plotters
that have fled from Justice.

Gentlemen, this was not enough for this Gentleman to consult
on these several Passages, but to demonstrate to the World, that
his Head and Heart was intire in this Service, and that he might
carry it on the more effectually, he was at this very time,
when this Emissary was gone into Scotland, preparing a
most Seditious and Traiterous Libel, we instance in some
paritcular Words of it. But we shall shew you, that the whole
Design of this Treatise is to perswade the People of England, that
it is lawful, nay, that they have a right to set aside their Prince, in
case it appear to them, that he hath broken the Trust laid upon
him by the People. Gentlemen, he does use in that Treatise se-
veral Arguments drawn from the most Rebellious Times that ever
were in England, from the late Rebellion (I must needs use that

[13]

word notwithstanding the Act of Oblivion, when a Gentleman
shall now attempt to do those things for which he was pardoned
then) and from other Kingdoms, where Rebellion hath been pro-
sperous against Princes. Then he falls to Reasoning, and uses
great Reason in the Case, That all the Power of the Prince is ori-
ginally in the People, and applies that Discourse, that the power
of the King was derived from the people upon Trust, and
they had already declared the King had invaded their Rights, and
therefore he comes to argue, they might assume that original
power they had conferred. And he tells the King, that is no hard
condition; if he thinks it so, he should lay down his Crown, if
not, he threatens the condition would be exacted, or otherwise
should be revenged by those he had betrayed: and who but this
Gentleman and his Confederates, that thought himself not only able
to govern this Nation, but many Monarchies, should call him to
account for it? For he lays down this Principle, That tho all the
People do rise against their Prince, it is no Rebellion. The
whole Book is an argument for the People to rise in Arms, and
vindicate their wrongs. He lays it down, That the King has no
Authority to dissolve the Parliament; but ’tis apparent the King hath
dissolved many; therefore he hath broken his Trust, and invaded our
Rights. And at last concludes with that passage laid in the In-
dictment, We may therefore shake off our Yoke; for `tis not a Yoke
we submitted to, but a Yoke by Tyranny (that must be the meaning
of it) they have imposed on us.

Gentlemen, if we prove all these matters to you, I doubt not
you will do right to the King and Kingdom, and shew your abhor-
rence of those Republican Principles; which, if put in practice,
will not only destroy the King, but the best Monarchy in the
World.

Mr. Sol. Gen. Pray call Mr. West. {(Who appeared.}

Col. Sidney. I pray one word, my Lord, before Mr. West be
sworn, I have heard, my Lord, Mr. West hath confessed many
Treasons, and I desire to know whether he is pardoned, or no.

L.C.J. I don’t know that.

Col. Sid. My Lord, how can he be a Witness then?

L. C. Just. Swear him: for I know no Legal Objection against
him. He was a good Witness in my Lord Russel‘s Tryal.

Col. Sidney. My Lord, if another did not except against him, ’tis
nothing to me.

Mr. North. Pray give an account to the Court of what you
know of a general Insurrection intended in England.

Col. Sidney. What he knows concerning me.

L. C. J.. We will take care of that, that no Evidence be given
but what ought to be.

Col. Sid.. Is it ordinary that he should say any thing, unless it be
to me and my Indictment?

[15]

when things were thus settled, some difference arose about raising
the money; and at last he told me, my Lord Gray did offer to raise
ten thousand pounds out of his own Estate, if the rest would pay
their proportion. Then the Scots came down to less, but that
would not be complyed with. The places for the Rising were
Bristoll, Taunton, York Chester, Exeter, London. That there had
been some Debates whether they should begin at London, or the
other places; and at last it was resolved, they should begin at Lon-
don with the rest of the places.

My Lord, this was the Account I had of the matter in general of
Mr. Ferguson; but he said they were disappointed. Afterwards he
told me the Prisoner at the Bar and Major Wildman were very in-
strumental in working of it off, because they could not agree upon
the Declaration to be made upon the Insurrection. The English
were for a Common-wealth; but the Scotch Gentlemen answered,
Fairly it might come to it in time, but the Noblemen there would
not agree to it at present. As to the Prisoner in particular I know
nothing, and did never speak with him till since the Dis-
covery.

Mr. Att. Gen. Collonel Romsey. {(Sworn. }

Mr. North. Pray Sir, will you give the Court an account of
what you know of any Insurrection intended, and how they de-
signed to carry it on.

Col. Romsey. My Lord, the latter end of October, or beginning
of November, I was desired by my Lord Shaftesbury to go to Mr.
Sheppards to know of the Gentlemen that were met there, what
was done about the Rising intended at Taunton; and I had their
answer, that Mr. Trenchard had fail’d them, and that it must cease
for that time. That was all at that time.

Mr. Sol. Gen. What else do you know of any Insurrection af-
terwards?

Col. Romsey. After that we had several meetings at Mr. West‘s
Chamber, where we had divided the City into twenty parts, and
seven parts Mr. Goodenough had brought an account of; the other
thirteen he said nothing of; for he had not spoke with those that
were to tell him how many men they would afford. There was
there Captain Walcot, Mr. West, the two Goodenoughs, Mr. Borne,
Mr. Wade, and my self.

L. C. J. What was the Result of those Debates?

Col. Romsey. To see what number of men they could produce in
the City for the Insurrection.

L. C. J. Was there a Rising designed?

Col. Romsey. Yes.

L. C. J. And did these people meet?

Col. Romsey. There was no time set.

Mr. Sol. Gen. When was the meeting?

Col. Romsey. There were several meetings in March, and April,
and May.

[16]

Mr. Sol. Gen. After the meeting at Sheppards?

Col. Romsey. Yes, a great while. It ceased, I think, six weeks
or three months?

L. C. J. Who did you meet with at Mr. Sheppards?

Col. Romsey. There was the Duke of Monmouth, my Lord Gray,
my Lord Russel, Sir Thomas Armstrong, Mr. Ferguson, and Mr.
Sheppard.

Mr. Sol. Gen. Who did you expect should head this Army?

Col. Romsey. That was never said any thing of.

Mr. Att. Gen. Who were to manage the Rising?

Col. Romsey. We that met there.

Mr. Att. Gen. Had you no expectation of great men?

Col. Romsey. Mr. West told me, and Mr. Goodenough, that there
was a Council, which were the Duke of Monmouth, my Lord
Essex, my Lord Howard, Collonel Sidney, Mr. Hambden, and my
Lord Russel, there was Six.

L. C. J. What did he tell you of them six?

Col. Romsey. He told me they were managing a Business with
Scotland.

Lord Chief Justice. A Business, pray speak plain, tell all you
know.

Col. Romsey. For the Insurrection.

L. C. J. Say so then, we know nothing of the Business you were
about.

Col. Romsey. My Lord, Mr. West had that Discourse with my
Lord Howard I never had; he is more fit to speak to that than me.

L. C. J. Speak your own knowledge, and no more.

Mr. Jones. After the death of my Lord Shaftesbury, who were
the Managers, and were to carry it on?

Col. Romsey. I told you Mr. West and Mr. Goodenough did tell
me the Duke of Monmouth, my Lord Essex –

Mr. Att. Gen. He told you so before. Do you know there was
an Insurrection then intended?

Col. Romsey. Yes, because we met towards the management of it,
the company that met at Mr. West‘s Chamber, and other places.

Mr. Att. Gen. What discourse had you with Mr. Ferguson about it?

Col. Romsey. Not about those Gentlemen.

Mr. North. The next thing we shall shew, shall be that the
Scotch men came to Town.

Col. Sidney. My Lord, I must ever put you in mind, whether
it be ordinary to examine men upon Indictments of Treason con-
cerning me that I never saw, nor heard of in my life.

L. C. J. I tell you, all this Evidence does not affect you, and I tell
the Jury so.

Col. Sidney. But it prepossesses the Jury.

Mr. Keiling called and sworn.

Mr. Att. Gen. I ask you in general, what you know of the Ri-
sign to have been last Spring?

[17]

Mr. Keiling. My Lord, It was some time last Summer Mr. Good-
enough came to me, and brought me three Papers numbred on
the back-side; I asked him to what end he delivered them me;
he told me, One was for my self, and I was to deliver the other
Two to whom I could Trust in the two Divisions. I asked him,
What was the Design? he said, To Raise Men; sayes I, Do you
design a general Insurrection? He said, if he did not, if the King
was taken off this would do well; for then People would know
how to have recourse to a formidable Body. And I have heard
him say, That Collonel Sidney, whom I don’t know, had a con-
siderable part in the management of that Affair.

Mr. Att. Gen. We Charge him with Conspiring, and there must
be Confederates in the Case. Now then we come to the Pri-
soner, We will call my Lord Howard, that was one of the Per-
sons that did Consult.

The Lord Howard Sworn.

Mr. Att. Gen. Pray acquaint my Lord and the Jury of your
knowledge of what Transactions there have been with the Pri-
soner about this Affair of the general Rising.

Lord Howard. Truely my Lord, In the entring of the Evi-
dence I am about to give, I cannot but observe what a natu-
ral uniformity there is in Truth. For the Gentleman that have
been before, have so exactly instanced, in every particular, with
what I have to say, that two Tallys could not more exactly
fall into one another, though, I confess I had not seen their
Faces, till the Plot brake out, for some Months before.

My Lord, and Gentlemen of the Jury, About the middle of
January last, it was considered by some of us that met together,
That it was very necessary and expedient to an Enterprise that
had been long in hand, and fallen flat then, that it should be revi-
ved by some Consult or Caball that should be set up to give Life
to it, and Governance to the Motions of it. The first (for ought
I know) Movers of this, were the Duke of Monmouth, the Gen-
tleman at the Bar, and my Self: And there we did agree, That
we should bethink our selves of some few, we were willing it
should not exceed Five, at the most Seven. This Agreement being
at first between us Three; I remember the Duke of Monmouth un-
dertook to ingage my Lord Russel, and my Lord Salisbury; and this
Gentleman Collonel Sidney for my Lord of Essex, and Mr. Hamb-
den; and these being put together, did presently constitute a lit-
tle Caball of as great a Number as was intended. This being
setled among them, it was within a few dayes after, I can’t cer-
tainly tell when, but between the middle and latter end of Ja-
nuary, that I was told, That the Persons had agreed to enter into
this Conjunction of Counsels; and in order to that, they had ap-
pointed a Meeting at Mr. Hambden‘s House, to which I was invi-
ted. This in time was between the middle and latter end of Ja-
nuary, but I can’t tell exactly. When we came there, there was

[18]

all those Gentlemen I before-named, the Duke of Monmouth, my
Lord Essex, my Lord Russel, Collonel Sidney, Mr. Hambden, and
my Self. It was at Mr. Hambden‘s House, which Ranges on the
same Row with Southampton House: And being met, Mr. Hamb-
den, I suppose, did think it most properly belonged to him, to take
upon him the part as it were to open the Sessions, that was to give
us a little account of the Reason, End, and Intention of that Meet-
ing: In which Discourse, he took occasion to recapitulate some
Design, that had been before chiefly carried on by my Lord
Shaftesbury, before this time Dead; and also took Notice of the
ready disposition and inclination of the Minds of Men to go on
with it; and did give one instance of his Judgment of it, That it
being a Design communicated to so many, it had not been so much
as Revealed, or a murmur or whisper gone about it: From whence
he took occasion to tell us, That it was absolutely necessary for the
future, there should be some Counsel that should be as a Spring a little
to Guide and Govern the Motions of the rest, for that there were
divers things to be taken care of, which if not taken care of by
particular Persons, would all miscarry. This was the Substance of
the Prologue and Introduction he made. From hence he made a
Transition to some particular Things that he thought was most
principally to be taken Care of. And though it is impossible for
me to remember the Order and Method in which we Discoursed,
or who said this or that, but that which the Sence of all resulted
to was this: That since we did not come prepared for it, we should
consider what were the Things that would hereafter challenge our
particular Care, that was, The time When, the places Where, and
the Perosns by whom these Things should be carried on. This led
into some particular Discourse concerning some of these Heads: For
the Time, that it should be shortly, lest the Minds of Men should
chil: And then as to the place Where, whether in the City or
Country, or both joyntly. In all these, some Opinions were given,
but not setled to any Resolution, but they were committed to our
Thoughts to be digested afterwards. But these being the Things
that every one was to take upon his thoughts, there was this Prere-
quisite to the undertaking, and that was to consider what Maga-
zines were to be got; and that led to another particular, which was,
With what they should be gotten, and that was Money; and there-
upon was propounded a considerable Sum to be raised; and as I
remember, the Sum propounded by the Duke of Monmouth was Twen-
ty-Five Thousand Pounds, or Thirty Thousand Pounds. And then it
was considered, how it should be raised without drawing Observa-
tion or Jealousy. These are only the Heads that were then agreed
on, hereafter to be better considered. But the present Resoluti-
on that was taken, was, That before any Procedure was made in
any of these things, or any advance towards the Undertaking;
the first Thing to be considered, was, How to make a Coali-
tion of Councels between Scotland, and what we were doing here;
and for that purpose we should bethink our selves of some fit Per-