The History of the whiggish-plot, or, A brief historical account of the charge and deefnce [sic] of [brace] William Lord Russel, Capt. Tho. Walcot, John Rouse, William Hone, Captain Blague, [brace] Algernoon Sidney, Esq., Sir Sam. Barnardiston, John Hambden, Esq., Lawrence Braddon, Hugh Speak, Esq. together with an account of the proceedings upon the outlawry against James Holloway, and Sir Thomas Armstrong : not omitting any one material passage in the whole proceeding : humbly dedicated to His Royal Highness.

THE Charge and Defence OF Algernoon Sidney, ESQƲIRE.

UPON the 7th, of November, 1683. Algernoon * 1.1 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 Com∣passing the Deposing and Death of the King, and the Subversion of his * 1.2 Government

For the fulfilling and perfecting which wicked Treasons, he had met several of the Conspiraters at sundry Consultations for carry∣ing on their Trayterous Designs. That he had sent Aaron Smith into Scotland, to invite divers of the King's Subjects in that King∣dom * 1.3 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 Ori∣ginally in the People of England is delegated to the Parliament: He (meaning his present Maj••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 b•• content to submit his Interest to theirs, sinc•• he is no more then any one of them, in any other respect than that he is by th•• consent of All, rais'd abov•• any other. If he does not like this Condition, he may renou••ce his Crown; but if he receive it upon that Condition, as all Magistra••es do the Power th••y rec••ive, and swear to perform it; he must ••xpect that the performance will be exacted, or revenge tak••n by those he has betrayed. And in another place these words. We may therefore change o•• take away Kings without break∣ing any Yoke, or that is made a Yoke which ought not to be one; the Injury therefore is in ma••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 An∣swered to. He added farther, That there were in the Indict∣ment some Treasons or reputed Treasons, that might come with∣in the Statute of the 13th. of this King, the Pr••s••cution of which must be within six Months, and the Indictm••nt within three. So that if the business mentioned were six Months before his Com∣mitment, or above three before the Indictment, he was not to Answer to those things. That in the Case of Sir H. Vane, the * 1.4 Court then said it, and offer'd him, that he might put in his Ex∣c••ptions, and plead Not Guilty afterwards. That if he pleaded to an erroneous Indictment and were acquitted, he might be In∣dicted again. Bills of Attaind••r having been upon Errors in Ori∣riginal Indictments, as that of the Duke of Somerset. That as there were several things distinct in Nature, distinguished by Law put together in the Ind••ctment, it was an impossible thing to make a possitive Answer to any one. That if he were Char∣ged with any particular Fact, he could say, He either did it or not. But that in the I••dictm••nt he found nothing specifi'd, nor could he tell upon what Statute he was In••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 al∣low'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 * 1.5 said was a Plea. But the Court advised him to consider himself and his L••fe; for that if he put in a Plea, and the Attorney Gene∣ral 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. Willi∣ams * 1.6 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 con∣testing * 1.7 with the Court, he at length pleaded Not Guilty. Which when he had done, he desired a fortnights time to prepare him∣self 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 pro∣duce 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 Sidn••y was brought to his * 1.8 Tryal at the Kings-Bench-Bar, where he first urg'd, That where∣as 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 * 1.9 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 Sta∣tute 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 Russ••l was in like manner deny'd a Copy of his Indictment. Neverthe∣less 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 * 1.10 savour, then perhaps in strictness they ought to have done. Thereupon he order'd the Clark to proceed upon the Arraign∣ment, as not becoming the Court to spend time in Discourses to Captivate the People. So that after several Challeng••s, the follow∣ing 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 Attor∣ney General, the Witnesses were call'd, and first of all Mr. West. * 1.11 Upon whose appearance, before he was Sworn, the Prisoner urg'd, That Mr. W••st had confessed many Treasons, and there∣fore desired to know whether he were pardon'd or no? alledg∣ing that otherwise he could not be a good Witness; But the * 1.12 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 Novem∣ber, 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 Shaftsbury went into H••ll••nd. That about Christmas, Colonel Rumsey told him, There were some Lords and Gentlemen intended to make an Insurrection. That the persons were the Duke of Monmouth, the Lord of Essex, the Lords Howard and Russel, the Prisoner at the Bar, and Mr. Hampden Junior. That sometime after the said Colonel told him, that the said persons had altered their measures, and were resolved not to venture upon an Insurrecti∣on in England, till they had a Concurrency in Scotland.

That Mr. Nelthorp told him, That the Prisoner at the Bar had * 1.13 sent Aaron Smith into Scotland, and had given him a sum of Mo∣ney to bear his Charges, and sent Letters to some Scotch Gentle∣men, to invite them to Town. That the Letter bore a Cant of set∣ling business in Ca••olina, that really it was about coming up in order to the Insurrection. That afterwards Mr. Smith returned, and some Scotch Gentl••men. And that Mr. Ferguson gave an Accompt of that Affair; How that the Scots propos'd, That if they might have 30000 l. in ready Money, they would under∣take to make an Insurrection in Scotland, without the Concurrence of England; which Proposal he said was agreed to, that the Money would be soon ready, and that Mr. Shepheard would return the Money. That the Armes were ready bought, and that the Earl of Argile would go into Scotland and head the Scots. That * 1.14 when things were thus settled, some difference arose about raising Money; but that at last the Lord Grey offer'd to raise 10000 l. out of his own Estate, if the rest would pay their proportion. That then the Scots came down to less, but were not comply'd with. That the places for Rising were Bristol, Taunton, York,

Chester, Exeter, London. That there had been some debates whether they should begin at London, or other places, and that at last it was resolv'd they should begin at London, with the rest of the places. That this was the Accompt of the Matter in Ge∣neral which he had from Mr. Ferguson; who farther added, That the Prisoner at the Bar, and Major Wildman, were very Instru∣mental in working of the agreement with the Scots, because * 1.15 they could not agree upon the Declaration to be made upon the Insurrection. For that the English were for a Common-wealth, but that the Scotch Gentlem••n answered it might come fairly to it in time, but that the Nobility there would not agree to it at pre∣sent. That as to the Prisoner himself, he knew nothing of him in particular, nor did ever speak with him till since the Disco∣very.

The next Witness was Colonel Rums••y, who declared, That * 1.16 about the latter end of October, or beginning of November, he was desired by the Earl of Shaftsbury to go to Mr. Shepheards, to know of the Gentlemen that were met there, what was done about the Rising intended at Taunton? Who Answered, That Mr. Trenchard had fail'd them, and that it must cease for that time.

That after that, he met several times in March, April, and May, at Mr. Wests Chamber, and other places with Captain Walcot, Mr. West, the two Goodenoughs, Mr. Bourn, and Mr. VVade, where they had divided the City into twenty parts, of se∣ven parts of which Mr. Good••nough brought an Accompt, but said nothing of the other thirteen, because he had not spoken with those who were to tell him how many Men they would afford for the Insurrection.

Being ask'd who he met at Mr. Shepheards? He Answered, There was the Duke of Monmouth, the Lords Grey and Russel, * 1.17 Sir Thomas Armstrong, Mr. F••rguson, and Mr. Shepheard.

Being ask'd who was to manage the Rising? He Answered, That Mr. VVest, and Colonel Rumsey told him, That there was * 1.18 a Council, which where the Duke of Monmouth, the Earl of Es∣sex, the Lord Howard, Colonel Sidney, Mr. Hambden, and the Lord Russel.

Here Colonel Sidney press'd the Court to consider whether it were an usual thing to examin Men upon Indictments of Treason concerning him, that he never saw or heard of in his Life? To vvhich vvhen the Lord Chief Justice reply'd, That all that Evi∣dence did not effect him, and that he likevvise told the Jury so, the Prisoner Ansvver'd, That hovvever it prepossessed the Jury.

Mr. Keeling being then call'd and Svvorn, vvas demanded in * 1.19 general, vvhat he knevv of the Rising to have been last Spring? vvho declared, That some time the last Summer, Mr. G••odenough came to him, and brought him three Papers number'd on the back side. Of vvhich vvhen the Witness ask'd the meaning, the other told him that one vvas for himself, and that he vvas to de∣liver t'other tvvo to vvhom he could trust in the tvvo Divisi∣ons. That the VVitness ask'd Mr. Goodenough vvhat the De∣sign vvas? vvho said, To raise Men. That thereupon the VVit∣ness ask'd him, vvhether he Design'd a General Insurrection? To

which the other reply'd, That if he did not, if the King was ta∣ken off, this would do well, for then the People would know how to have recourse to a formidable Body: Lastly, That he had heard the said Goodenough say, That Colonel Sidney, whom he knew * 1.20 not, had a considerable part in the management of that Affair.

The Lord Howard being next Sworn, and desired to acquaint the Judge and Jury, what transactions there had been with the Prisoner about the Affair of a general Rising? declar'd, That about the middle of January last, it was considered by some of those that met together, That it was very necessary to an Enter∣prize that had then been long in hand, and at that time fallen * 1.21 flat, that it should be reviv'd by some select Cabal, that should be set up to give it Life, and govern its motions. That the first movers of this, for ought he knew, were the Duke of Mon∣mouth, Colonel Sidney, and himself. Where it was farther a∣greed, That they should think of some few, not to exceed five, or at the most seven. Which agreement being at first between them three, the Duke of Monmouth undertook to engage the Lord Russel and the Earl of Salisbury, and the Prisoner at the * 1.22 Bar undertook to engage the Earl of Essex, and Mr. Hambden: who being presently put together, constituted a little Cabal of as many as were intended. That between the middle and latter end of January, as he the Witness was told, the said Persons agreed to enter into a Conjunction of Counsels, and met accord∣ingly * 1.23 at Mr. Hambden's House, whither he was also invited. That when he came to Mr. Hambdens House, which ranges in the same Row with Southampton House, he found there the Duke of Mon∣mouth, the Earl of Essex, the Lord Russel, Colonel Sidney, and Mr. Hambden. That Mr. Hambden took upon him to open the * 1.24 Sessions, and in his Discourse recapitulated some Design that had been chiefly carryed on before by the E. of Shaftsbury, before that time Dead. He also took notice of the ready disposition of the minds of Men to go on with it, and gave one instance of his Judg∣ment of it; That being a Design Communicated to so many, there had not so much as a whisper gone about it. From whence he took an Occasion to tell the rest, That it was absolutely ne∣cessary, that there should be some Council which should be as a Spring, a little to govern the motions of the rest: there being divers things, which if not taken care of by particular persons, the whole would miscarry. That from thence the said Mr. Hamb∣den made a Transition to some particular things which were prin∣cipally to be taken care of. The time when, the places where, and the persons by whom these things were to be carryed on, which lead into a particular consideration of some of those Heads. For the time, that it should be shortly, least the minds of Men should chil; and then as to the place where, whether in the City or Country, or both joyntly; In which some Opinions were given, but not settled to any Resolution, being committed to all their thoughts to Consult of afterwards. They were also to consider what Magazines were to be got, and with what they should be gotten, and that was Money; Upon which there was a considerable sum propounded to be rais'd: to which purpose the Duke of Monmouth, to the best of the Witnesses remem∣brance,

propounded the raising of twenty five, or thirty thou∣sand Pounds: after which it was considered how this Money should be rais'd without drawing Observation and Jealousie. That these were the heads then agreed upon to be afterwards consi∣dered. But the Resolutions taken at present were, How to make * 1.25 a Coalition of Counsels with Scotland; for which purpose some fit Persons was to made choice of to be sent thither. That these were the debates of the first Meeting. That about a fortnight or three weeks after, all the same Persons met again, at Southamp∣ton-House, at the Lord Russels, where it was warmly urg'd by Mr. Hambden, though at that time thought unseasonably. That since they were now united into such an undertaking, it could not be expected but that it would be a Question put to many of * 1.26 them, To what end all this was, where they intended to termi∣nate, and into what they intended to resolve? That they were Que∣stions which he, meaning Mr. Hambden, met with, and every one would meet with from those Persons, whose asistance was to be expected; and that if there were any thing of personal interest design'd, there were but very few of those whose Hearts were with them, but would fall off; and that therefore they were to resolve themselves into such Principles, as should put the Liber∣ties and Properties of the People into such hands, as should not be easily invaded by such as were intrusted with the Supream Au∣thority of the Land: and that at length it was mentioned to re∣solve all into the power of a Parliament. That this being pro∣pounded * 1.27 by Mr. Hambden, sounded a little harshly to some of the rest: However, it was consented to, that it was nothing but a publick Good which all intended. That after this the Council de∣bated about sending into Scotland, and settling a Correspondency with the Earl of Argile. That other Gentlemen were nam'd, as the Lord Melvin, Sir John Cockram, and the Cambells. Which * 1.28 being propounded, it was offer'd by Colonel Sidney, that he would take care of the Person, and that he had one in his thughts, whom he thought to be a fit Person.

Being ask'd by the Attorny General what Aaron Smith was to * 1.29 do? the Witness made Answer, That there was no particular deed for him more then to carry a Letter. That the Duke of Monmouth undertook to bring the Lord Melvin hither, because he had a particular dependency upon him; but that to Sir John Cockram, a Letter was to be sent under the Disguise of carrying on some business of Carolina; which Letter as he thought was wrote by the Lord Russel, as being personally known to him, an•• none of the rest of the Cabal.

Being ask'd to what purpose those Gentlemen were to come up? he Answered, To acquaint them how they found Scotland tem∣pered, and what Opportunities there were of putting them into a Commotion, how Men might be rais'd, how they would fall under Argile, and also to keep time and place with England. That after this he was with Colonel Sidney when he was going * 1.30 into London, at what time he took out about sixty Guineys, as he thought, and put them in his Pocket, which he said were to give Aaron Smith; but whether he gave them or not he could not tell. However, after that he was sent in pursuance of their

debate, as Colonel Sidney told him, upon Inquiry, and withal that he had not heard of him but once in three Weeks, vvhen he * 1.31 vvas at New-Castle. That after this, his Occasions call'd him in∣to the Country, and aftervvards he vvent to the Bath.

The Lord Howard having thus concluded, the Court demanded of Colonel Sidney, vvhether he had any Questions to ask the Wit∣ness? vvho reply'd that he had no Questions to ask him. Upon vvhich the Attorney General reply'd Silence—You knovv the Proverb,

After vvhich Sir Andrew Foster, and Mr. Atterbury, vvere cal∣led * 1.32 to prove that the Scotch Gentlemen came up presently after Aaron Smith vvas sent; and first Sir Andrew declared, That about the end of the Spring, or beginning of Summer, Sir John Cock∣ram, Commissionary Monro, and the tvvo Cambells, Father and Son came up hither. That he did not see the Senior Cambell, but the Younger he saw upon the Day of the Lord Russels Tryal; but that he saw the other two, as he thought, a little before the Discovery.

Being ask'd what they pretended to come about? He made * 1.33 Answer, That Sir John Cockram, and Manro, pretended they came about making a purchase in Carolina, and shew'd him a Commission to that purpose from the Persons said to be concer∣ned in the Design.

Being ask'd what became of those Gentlemen upon the rumour of the Plot? He Answer'd, That Sir John Cockram absconded; 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 * 1.34 about the end of June, or beginning of July, he was sent for in∣to Lond••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 Coun∣cil 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 * 1.35 Lloyd being first Sworn, declared, That having a Warrant from the Secretary by the King and Council, to seize Mr. Algernoon Sid∣ney's Papers, he went to his House, where he found a great ma∣ny upon a Table, which he first put up in a Pillowbear, and ••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 * 1.36 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, * 1.37 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, * 1.38 and that it was very like what came to him for his hand Wri∣ting, and that he believ'd it to be his hand.

Mr. Cook Swore, That he had seen several Notes that came to * 1.39 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 * 1.40 the contrary, because it was their own Case: That is concerning them∣selves only, and they had no Superiour. They only were the competent Judges; they decided the Controversies, as every Man in his own Fa∣mily 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; th••re being none such between King and People. That People must needs be the Judge of things happen∣ing 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 d••sire to know of the Author, How one or more Men can come to be guilty of Treason against the King; As Lex fa∣cit ut sit reus. No Man can owe more to him than to any other, or he unto every other Man by any R••le but the Law. And if he must not be Judge in his own Case, neither he nor any other by Power re∣ceived 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 Ar∣gument, and endeavouring to fix the supream Power in the Peo∣ple, 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 Magi∣strates could not be call'd a Rebellion. And that the Power of calling and dissolving Parliam••nts is not in the King.

The Sheets being shewn to the Prisoner, He Answered, That * 1.41 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 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, Whe∣ther he was not Sworn as a Witness at the Tryal of the Lord Rus∣sel? who Ansering, Yes; The next Question was, Whether in those debates, there were any Reflections upon the King that he * 1.42 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 Sidn••y being now free to make his Defence, desired * 1.43 in the first place to know upon what Statute he was Indicted? to which it was Answered by the Attorney General, that he was In∣dicted upon the Statute of the 25th. of Edward the 3d.

The Prisoner desired to know upon what Branch of the Sta∣tute? 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 Statu••e, did not touch him; and de∣sired to know what the Witn••sses had Sworn against him upon that Point? the Lord Chief Justice told him, repeating the At∣t••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, Whe∣ther 'twere prov'd?

To which the Prisoner pleaded, That they had prov'd a Paper found in his Study of Caligula and N••ro, and ask'd whether that * 1.44 were Compassing the Death of the King?

The Lord Chief Justice reply'd, He should tell the Jury that, * 1.45 and told them that the Point in Law they were to receive from the Court, but whether there were Fact sufficient, was their Du∣ty 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 Clos••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, * 1.46 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 Pa∣pers.

Then for Point of Witness, that he could not be Indicted, much * 1.47 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 di∣stinguished 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 Select••d Council. That if they were not Selected, but Erected themselves into a Cabal, then they had either Confid••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 ••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 ano∣ther, 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 Shafts∣bury; 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 * 1.48 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 * 1.49 two Witnesses to one Fact, there was an end of the Matter, and that under the Judicial Law, the penalty would have been in such a Case to put a Man to Death. That then there were but two things, which if allow'd, no Man vvould be safe for Perjury. The one vvas to suffer Men to give their Testimony, one to one thing, and another to another, that the fraud could not be Dis∣cover'd, and the other vvas to take avvay the Punishment. That the Punishment vvas in some measure taken avvay, and if the other Point vvere taken avvay vvhereby the fraud could not be Discover'd, then no Defence could be made. Then he instanc'd the Story of Susannah, that both Witnesses should be to the same Point; Therefore if there vvere tvvo Witnesses to prove the Con∣spiracy, and that those Matters vvere done in it vvhich vvere Treason, he vvas to ansvver it; if there vvere not, he presum'd * 1.50 he needed not say any thing to it; vvhich if it might not be al∣lovv'd him, he desir'd Council to argue it.

To that the Court made Answer, That it vvas a Point of Fact, * 1.51 vvhether there vvere tvvo Witnesses? allovving that one Witness vvas not sufficient.

From vvhence the Prisoner inferring that there vvas the Lord Howard and never another, the Court admonish'd him not to make those Inferences; and that the Jury should be told, That if there vvere not tvvo Witnesses, as the Law requir'd in the Case, they vvere to acquit him.

Upon this the Prisoner said, He vvas Confounded; and plead∣ing * 1.52 by vvay of Interrogatories, ask'd the Court vvhat vvas a Con∣spiracy to Kill the King? and vvhether there vvere any more Witnesses then one for Levying War?

In Ansvver to vvhich the Court bid him not deceive himself, or * 1.53 think that the Court intended to enter into a Dialogue vvith him, but Ansvver vvhat he could to the Fact.

To which the Prisoner reply'd, That then there being but one Witness, he was not to Answer to it at all.

The Court told him, If he rely'd upon that, they would pro∣ceed to direct the Jury presently.

The Prisoner continu'd, That then again for Levying War, there was no Evidence as to that: He Challeng'd the Lord How∣ard * 1.54 also, to reconcile what he had said at the Lord Russels Tryal, with what he said then. That he had there declar'd he had said all he could, but that now he had got he knew not how many things, that were never spoken of there: upon which the Pri∣soner appeal'd to the Court, Whether he had ever spoken a word of what he said then concerning Mr. Hambden? That he set forth his Evidence very Rhetorically, but that it did not become a Witness, who was only to tell what was said and done; but that he did not tell what was done and said. That he had said they took upon them to consider, but does not say what one Man said, or what one Man resolv'd, much less what the Prisoner did. That if those things were not to be distinguish'd but to be jum∣bl'd together, he then knew not what to say.

Here the Court again advertiz'd the Prisoner to Answer the * 1.55 Matter of Fact, or if he had any Testimony to disparage the Wit∣nesses, to produce it.

Thereupon the Prisoner urg'd against the Lord Howard, That he had accus'd himself of divers Treasons, and had no pardon for any, that he was under the terror and punishment of those Trea∣sons. That he had said he could not get his Pardon, till he was past the Drudgery of Swearing. That he ow'd the Prisoner a consi∣derable * 1.56 sum of Money, lent him in time of his great Necessity; and that when his Mortgage was forfeited, and the Prisoner was to take the advantage of the Law, he had found out a way to have him laid up in the Tower. That he came to the Prisoner's House when he was put in the Tower, and in the hearing of the Prisoner's Servants, Swore, as in the presence of God, That the Plot was but a Sham, and that he knew nothing of it. That he would not only have pay'd the Debt due to the Prisoner by his Testimony, but would fain have got his Plate and other Goods into his hands under pretence of securing them. That he had pro∣tested the same thing to Dr. Burnet, as he had done to the Pri∣soner's Servants; and that when he came to Answer it, he said he was to face it out, and make the best of it he could, which he did bravely against God, but was very timerous of Man. That he had declar'd at the Lord Russels Tryal, That he believ'd that the Religious Obligation of an Oath did not consist in the formality of applying it to the place, but in calling God to Witness. So that when he call'd God to Witness before Dr. Burnet and some others, if what he affirm'd to them were not consistent with his present Oath, it could not be true, or if he Swore both under the Religion of an Oath, he Swore himself perjur'd.

As for Aaron Smith, he had Sworn also that the Prisoner sent him, but that no Body else spoke a word of it.

As for the Papers, he was not to give any Accompt of them, * 1.57 nor did he think they were before the Court, in regard there was nothing but the similitude of hands offer'd for Proof. For

this he instanc'd in the Case of the Lady Car, Indicted of Perjury, for proof of which some Letters of hers were produc'd, which were contrary to what she Swore in Chancery, and it vvas prov'd her hand was like it, but the Lord Chief Justice Keeling directed the Jury, that in Criminal Causes it was no proof at all.

That as to Sir Phillip Lloyd, he thought him to be no Witness, * 1.58 as being the King's Officer, and he being prosecuted at the King's Suit; For which, he urg'd a Case of a great Minister in France, whose Treasonable Papers being inventory'd by one of the King's Officers, was the reason why they could not be made use of. He added farther, That the Papers were old Ink, and might be writ∣ten twenty Years ago for ought he knew.

As for the Consult, it was strange that such Men as they who had no Followers, should undertake so vast a Design, and very un∣likely, when they had neither Officers nor So••ldiers, no time, nor place, nor Money for it. That he had spoken the last time of 20 or 3000 l. but no Man knew where it was to be had, only he said the last time it was spoken in Jest. That it was a pretty Cabal, for six Men to meet about a business, and neglect every one of the Points relating to the business they met about, or if any one did speak of it, that it was but in Jest. Descending then again to the Point of the Papers, he began to open the Ar∣gument of Filmer's Book, alledging it was a Book of ill Funda∣mentals, to which those Papers seemed only to be an Answer. But then the Court interrupted him, and admonishing him not to spend theirs nor his own time, ask'd him whether he own'd the Paper? vvhich when he deny'd, the Court bid him to pro∣ceed to that which was pertinent.

Colonel Sidney insisted that he had several Points in Law, par∣ticularly * 1.59 whether Conspiring to Levy War were Treason?

To which the Court reply'd, That there could be no doubt in Point of Law, till there were a settlement in Point of Fact, that if he would agree the Conspiracy, they would tell him their Opi∣nions, but that they could give no Opinion in Law till the Point were stated. That the Conspiracy was prov'd by one Witness, and therefore if he had any thing to take off his Credibility 'twas to the purpose. They also allow'd him to have any part of the Papers read, either to execute, or explain the Treason which was imputed to him in the Libel.

So that at length after several Repetitions of the same Objecti∣ons, * 1.60 and a long Patience of the Court, Colonel Sidney call'd his Witnesses. And first,

The Earl of Anglesey declared, That being in Company with the * 1.61 Earl of Bedford, when the Lord Howard came to give him a visit, and to comfort him in his Affliction for his Sons being taken, he told him he was not to be troubl'd, for that he had a discreet, a wise, and a vertuous Son, and that he could not be in any such Plot, and his Lordship might therefore well expect a good Issue of that business, and he might well believe his Son secure: for he believ'd he was neither Guilty, nor so much as to be suspect∣ed. He proceeded farther, and said he knew of no such barba∣rous Design, and could not Charge the Lord Russel with it, nor any Body else.

The Earl of Clare declared, That as for Colonel Sidney, the Lord Howard did with several asseverations assert, after the Co∣lonel * 1.62 was taken, That he was as Innocent as any Man breathing, and us'd great Encomiums in his praise, and then seem'd to be∣moan his misfortune, which he thought real; for that he be∣liev'd, never any Man had been more engag'd to another, then he was to Colonel Sidney. And upon talking of some Papers that were found, he said he was sure nothing could be made of any Papers of his. And that this was about a Week before the Lord Howard was taken.

Mr. Philip Howard declared, That when the Plot first broke * 1.63 out, he us'd to meet the Lord Howard very often at his Bro∣thers House; and that coming from White-hall one day, and be∣ing ask'd what News? he told him, That there were abundance of People that had confess'd a Horrid Design of Murdering the King, and that their Names were Colonel Rumsey, West, Walcot, and others that were in a Proclamation. That he ask'd his Lord∣ship what he thought of the Business? to which he Answer'd, That he was in an amaze. That he adviz'd him to lay hold upon the Opportunity to speak to the discontented Lords, to joyn in an Address to the King, to shew their Detestation and Abhorrence of the thing, as a means to reconcile all things: That the Lord Howard promis'd him to go about it, but because the Earl of Essex was out of Town, it went off.

That the next day he met the Lord Howard again at his Bro∣thers House, and being by him ask'd what News? that he An∣swered, The Lord Russel was sent to the Tower; to which he re∣ply'd, Then we are all undone, and desir'd him to go to the Lord Privy Seal, and see whether he was to be taken up: for that he doubted it was a Sham-Plot, for if it were a True-Plot, he should fear nothing. That he refus'd to go, not thinking it probable that his Lordship would resolve him such a Question; but that he farther ask'd him, If he were not Guilty, why he would have him go? to which the Lord Howard reply'd, Because he fear'd 'twas no True-Plot, but a Plot made upon them, and therefore no Man was free.

That he met him a third day at the same place, and found him very melancholly, and that asking him the reason? he Answer∣ed, Because Colonel Sidney was taken. Upon which he ask'd him again, Why he was not troubl'd the Day before for the Lord Russel, who was of his Blood? he reply'd, Because he had that particular Obligation from Colonel Sidney, that no one Man had from another.

Dr. Burnet declared, That the Day after the Plot broke out, * 1.64 the Lord Howard came to see him, and upon some Discourse of the Plot, with hands and eyes lifted up to Heaven protested, He knew nothing of any Plot, believ'd nothing of it, and said he look'd upon it as a Ridiculous Thing.

Joseph Ducas declar'd, That the next Day after the Colonel * 1.65 was taken, the Lord Howard came to the Colonels House, and ask'd him where Colonel Sidney was? that he reply'd, He was taken by an Order of the King; to which his Lordship cry'd, O Lord what is that for! That he adviz'd him to carry all the things

out of the House where they might b•• safe. That he came aga••n about seven a Clock at N••ght: and that then he told his Lordship of the Report of a Plot to Kill the King and the Duke, and of a general Insurrection, and of C••lonel Sidneys sending into Scot∣land; to which the Lord Howard reply'd, God knows, he knew no∣thing of all that, and that he was sure, had Colon••l Sidney be••n con∣cern'd in the Mat••er, he would have told him something, but he knew nothing.

The Lord Paget declar'd, That the Lord Howard was with him * 1.66 presently after the breaking out of the Plot, and that he told him he was glad to see him abroad, and that he was not concern'd in the Disord••r: to which he reply'd, That he had joy from se∣veral concerning it, and he took it as an injury, for it look'd as if he were Guilty, but that he knew nothing of himself, or any Body else; and that though he were free in Discourse, and free to go into any Company, yet he had not seen any body that could say any thing of him, or give him any occasion to say any thing of any body else.

Mr. Edward Howard declared, That as soon as the Plot broke * 1.67 out, the Lord Howard having a great Intimacy with him, he ex∣pressed a great detestation and surprizing in himself to hear of it, and assur'd him under great asseverations, that he could nei∣ther accuse himself, nor any Man living. That he told him more∣over, 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 acci∣dentally 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 de∣vis'd, but that it was forg'd by People in the Dark, such as Je∣suits and Papists, and that it was in his Conscience. That there∣upon 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 up∣on 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 How∣ard * 1.68 sent for him to come and see him. That he went upon Dis∣course 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 no∣thing 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 * 1.69 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 * 1.70 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 no∣thing 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 * 1.71 if the sheets might be shewn him, he would undertake to imi∣tate them in a little time, that they should not know which was which.

Then the Prisoner proceeding to his Defence, set forth, That * 1.72 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 Sta∣tute, 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 * 1.73 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 De∣struction 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 ••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 Devid••ntia. From whence he argu'd, That if the making of War could not be un∣derstood 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 Con∣spiring

to make War: besides that, the Law required two Wit∣nesses.

That as to the business of Aaron Smith, the Lord Howard told * 1.74 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 Gen∣tlemen came to To••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, * 1.75 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 justify∣able, whether that were Treason? whether that imagin'd the Death of the King? And if e••er any Man could say he ever pub∣lish•• a Sh••et in his Life, he would submit to punishment.

Then he ask'd what Concat••nation those Papers could have with * 1.76 the Select Council, Selected by no Body, to pursue the Design of the Earl of Shaftsbury? Then what was it to do? This was no∣thing 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 Inten∣tion, or doing any thing. That they did not so much as en∣quire, 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 Trea∣ons belonging only to the Parliament, as by the immediate Pro∣viso 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 How∣ard, 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 Gene∣ral summ'd up the Evidence, and answered all the Prisoners Ob∣jections 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 particu∣lar, 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 * 1.77 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 recti∣fy 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 * 1.78 Jury, which was so full and so clear, that after he had conclud∣ed, 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 * 1.79 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 Com∣mon 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 * 1.80 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 * 1.81 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 * 1.82 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 fa•• 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 Wild∣man * 1.83 Mr. Charleton, and Mr. Trenchard, and some others that were Bail'd the last Term, were then fully Discharg'd.

Notes

• * 1.1

  Col. Sidney brought to the Bar.
• * 1.2

  Conspiring the Death of the King.
• * 1.3

  Sends Aaron Smith into Scotland.
• * 1.4

  Sir H. V••nes Case in〈…〉〈…〉'd.
• * 1.5

  He offers a Plea in Parch∣ment to the Court.
• * 1.6

  Mr. Williams reprov'd.
• * 1.7

  The Priso∣ner pleads not Guilty.
• * 1.8

  The Colo∣nel brought to h••s Tryal.
• * 1.9

  He urges the Earl of Staffords Case.
• * 1.10

  The extra∣ordinary sa∣vour of the Court toward him.
• * 1.11

  Col. Sidney excepts a∣gainst Mr. VV••st.
• * 1.12

  The objecti∣on against him not allow'd.
• * 1.13

  Aaron Smith s••nt into Scot∣land.
• * 1.14

  The Earl of Argile to head the Scots.
• * 1.15

  Mr. VVild∣man, and the Prisoner at the Bar, instru∣mental in working of the agreement with the Scots.
• * 1.16

  Col. Rum∣sey gives his testimony.
• * 1.17

  Who were at Mr. Shep∣heards.
• * 1.18

  Who were the Council of six.
• * 1.19

  Mr. Keeling Sworn gives a general testi∣mony.
• * 1.20

  Col. Sidney had a consi∣derable part in the Plot.
• * 1.21

  A Cabal to be set up by the Conspira∣tors.
• * 1.22

  The Priso∣ner under∣takes to en∣gage the Earl of Essex and Mr. Hambdon.
• * 1.23

  The first meeting of the Cabal at Mr. Hambden's House.
• * 1.24

  Mr. Hamb∣den opens the Sessions.
• * 1.25

  A Coalition with Scotland debated.
• * 1.26

  Some things unseasonably urged by Mr. Hambden.
• * 1.27

  All to be resolved into the Power of the Parlia∣ment, which sounded harsh to some of the rest.
• * 1.28

  Col. Sidney undertakes to send into Scot∣land.
• * 1.29

  The Duke of Monmouth undertakes to bring up the Lord Melvin.
• * 1.30

  Col. Sidney puts a parcel of Guineys in his pocket for Aaron Smith.
• * 1.31

  Aaron Smith sent in purs••∣ance of the ••e∣bates.
• * 1.32

  The Scotch Gentlemen prov'd to be in London.
• * 1.33

  The pre∣tence of their coming.
• * 1.34

  Mr. At••er∣bury Sworn as to the ap∣prehending of the Scotch Gentlemen.
• * 1.35

  Sir Phillip Lloyd Sworn as to the Papers found in Colo∣nel Sidneys House.
• * 1.36

  Col. Sidney p••esent when h••s papers were seiz'd.
• * 1.37

  Mr. Shep∣heard call'd to prove the Col∣lonels hand.
• * 1.38

  Mr. Cary to the same pur∣pose.
• * 1.39

  Mr. Cook to the same in∣tent.
• * 1.40

  The Paper read.
• * 1.41

  The Lord Russ••ls Con∣viction given in Evidence.
• * 1.42

  Reflections upon the Kings Misgo∣vernment, particularly for imposing upon the City
• * 1.43

  The Priso∣ner desires to know upon what Statute he was Indict∣ed? Is Ans∣wered upon the 25th. of Edward the 3d.
• * 1.44

  He puts a Question as to his Paper.
• * 1.45

  Aswered by the Court.
• * 1.46

  He denies the similitude of hands to be a good proof.
• * 1.47

  He alledges two Witnesses to the branch to which the Treason re∣lates.
• * 1.48

  The Lord Howard but one Witness.
• * 1.49

  He p••rsues his Argument for the necessi∣ty of two Wit∣nesses.
• * 1.50

  And desires Council upon the Point.
• * 1.51

  The Answer of the Court.
• * 1.52

  He expo∣stulates with the Court.
• * 1.53

  And is an∣swered.
• * 1.54

  He taxes the Lord How∣ard of varying in his Evi∣dence.
• * 1.55

  The Priso∣ner put upon it by the Court to bring his Witnesses.
• * 1.56

  That the Lord Howard owed him Mo∣ney.
• * 1.57

  He urges that as to the Papers simili∣tude of hands was no proof.
• * 1.58

  He objects against Sir Philip Floyd.
• * 1.59

  He insists upon several Points of Law.
• * 1.60

  He calls his witnesses.
• * 1.61

  The Testi∣mony of the Earl of Angle∣sey.
• * 1.62

  Of the Earl of Clare.
• * 1.63

  Of Mr. Phil∣lip Howard.
• * 1.64

  Of Dr. Bur∣net.
• * 1.65

  Of Joseph Ducas.
• * 1.66

  Of the Ld. Paget.
• * 1.67

  Of Mr. Ed∣ward Howard.
• * 1.68

  Of Mr. Blake.
• * 1.69

  Of Grace Tracy.
• * 1.70

  Of Eliza∣beth Penwick.
• * 1.71

  Mr. Wharton offers to imi∣tate the hand.
• * 1.72

  The Priso∣ner proceeds in his defence. He argues upon the Sta∣tute of the 25th. of Ed∣ward the 3d.
• * 1.73

  He argues as to the Point of Levying War.
• * 1.74

  The busi∣ness of Aaron Smith conje∣cturally and implecitely Sworn.
• * 1.75

  His Plea in reference to the Papers.
• * 1.76

  His Plea as to the Coun∣cil of six.
• * 1.77

  The Solici∣tor Generals request to the Court, in his own and Pri∣soners behalf.
• * 1.78

  The Lord Chief Justice delivers his Charge to the Jury.
• * 1.79

  He is brought to re∣ceive Judg∣ment.
• * 1.80

  He gives Offence to the Court.
• * 1.81

  The Court pronounces Judgment.
• * 1.82

  Col. Sidney beheaded.
• * 1.83

  The Lord Brandon, Mr. Trenchard, and several others discharged.