The Proceedings to sentence of death against Algernon Sidny, Esq, who was convicted of high-treason, (on the 21 of November 1683) at the Kings-bench-bar, for conspiring the death of the King, to subvert the government, &c. being an account of what remarkably passed on that occasion.

THE PROCEEDINGS to Sentence of Death, AGAINST Algernon Sidny Esq; Who was Convicted of HIGH-TREASON, (On the 21 of November 1683.) at the Kings-Bench-Bar, for Conspiring the Death of the King, to Subvert the Government, &c. Being an Account of what Remarkably passed on that Occasion.

ALgernon Sidny Esq; having on the seventh of this Instant, November, been Arraigned at the Barr of the Court of Kings-Bench, upon an Indictment of High-Treason found by the Grand Jurors, and thereto pleaded not Guilty; he on the 21 Instant was brought again to the said Barr in Order to his Tryal, where having made exceptions against some of the Jury, then Summoned to Try the Issue between the King and him, for not being Free-holders in the County, and against others, up∣on divers other objections, a Jury of Twelve were Sworn, after he had Peremptorily Challenged 34 whereupon the Indictment was Read, and the Treason therein mention opened by the Kings Council, tending to the destruction of the King, the Suburtion of the Government, and the Establishing a Common-Wealth, by utterly Abolishing and Exterprating Monarchy; after which Mr. West, Collonel Rumsey, and Mr. Keeling being Sworn proved the Plot in general, and the Lord Howard in particular as to the Pri∣soner proving him to have been at divers Consults consenting to a Rising and sending Aron Smith into Scotland, proposing a form of Government after Monarchy should be Suppressed, &c. Then Sir Phillip Lloyd proved a Treasonable Libell found in the Prisoners House, tending to the depos••ing of the King and Setling the Power in the People, with many other Treasonable Tenents and Assertions, which he denying; further proof was made by Mr. Shepherd, Mr. Cook, and Mr. Cary, Men that had had dealings with Mr. Sidny, that it was (as they verily believed) his Hand Writing, upon proof of these Treasons at large, notwithstanding the objections he made against the Lord Howards Evidence, and some discourses in Relation to the Pamphlet or Libell; He upon the Evidences being Summed up as well on the one side as the other, and the charge given, was found Guilty of High-Treason, and Remanded to the Tower.

When the same week Mr. Attorny General on the part of the King, moved the Court (for judgment against him, whereupon a Rule was ordered to the Li∣utenant of the Tower to bring him to the Barr on the 26 Instant, which being accordingly done, and Silence made; the Clark of the Crown bid him hold up his Hand, demanding (that since he had been Arraigned Tryed and Convicted of High-Treason) what he could say, why Judgment of Death should not be a∣warded against him, as in that case the Law requires, whereupon he Aleadged that some of the Jury Were not Free-holders, as in such Cases (he said) they ought to be, to which objection the Court answered, that it had been over-rul∣ed not only in the Case of the Lord Russel, but at his Tryal, and that it was the opinion of all the Judges in England, that in Cases of that Nature it was not necessary, whereupon he desired he might have Council to argue it, but was answered, that he had had the Courts opinion therein already, and that it could not by Law be granted, after which he desired his Indictment might be again Read in Latine, and time to consider of it, seeing he might not have a Coppy the former of which was granted the English, whereof was to this effect; that Algernoon Sidny, meaning the Prisoner at the Barr stood Indicted of High-Treason, for Conspiring the Death of the King, to Leavy Warr and Rebellion the Antient Government of the Kingdome, to subvert a miserable Slaugh∣ter amongst his Majesties Subjects, to make and procure, and for that end he had Conspired with divers false Traytors promising to be Aiding and Assisting them in carrying on their wicked Designs: That he had sent one Aron Smith into Scotland, to stirr up the Evil minded People in that Kingdome to Insurrection and Rebellion, and had written, or caused to be written a false Scandalous Se∣ditious and Treasonable Libel, tending to the deposing of the King the over∣throw of Monarchy, setling the power in the People, Establishing a Common-Wealth, &c. After the Indictment was Read, he urged some mistake in the Construction of a Word, and that he might have time to consider it, as to the former, he was answered, that the Treason in all particulars was plain, and as for the Latter the time was past, and that it only remained with the Court, seeing he had been fairly Convicted to pass Sentence; then he desired to be heard further, saying, he had points of Law to offer, but none appearing, an O Yes was made for silence, yet was he further heard, at what time he said, as to the Libel, it might have been writ Thirty years agoe, and that he could not con∣ceive it affected him, seeing it was private and never Published, to that he was answered, that to write was to do, and nothing could more express the minds and Inclination of Men then that; and that it was an immagining and designing the Death of the King, and to subvert the Government, and therefore expresly Treason, &c. Then he urged his Plea in writing, which he offered at his Ar∣raignment was not received: To which the Court Replyed, that he might have put it in if he had thought fit to have ventured his Life upon it, and that it was the Courts Duty to Inform him what would Insue thereon. If Mr. Attorny Ge∣neral not finding it a good Plea, should have demured to it, and that it was not to be imputed to the Court, that it was not put in, it being left to his Choice to do as he thought fit, after these and divers other objections made by the Prisoner, and they Amply answered by the Court, he was bid to harken to his Sentence, which was: That he Algernon Sidny the Prisoner at the Barr, should go to the place from whence he came, and from thence be drawn to the place of Execution, upon a Hurdle, there to be Hanged by the Neck, and being cut down Alive, his Bowels and Privy-Members to be Burnt before his Face, his Head to be severed from his Body, his Body divided into four Quarters, and they to be disposed of at the pleasure of the King. Sentence being passed he was Remanded to the Tower, and accordingly conveyed thither in a Coach, attended on by a strong Gaurd of Souldiers.