An Exact ACCOUNT of the TRIAL OF Algernoon Sidney Esq Who was Tried at the Kings-Bench-Bar AT WESTMINSTER, This present Wednesday: being the twenty first of November for Conspiring the Death of the King, and his Royal 〈◊〉, of which he was Convicted. THe Cou●t being 〈◊〉, My Lord Chief Justice, Mr. Justice 〈◊〉, Mr. Justice Holloway, Mr. Justice Walcot, sitting ●n the ●ench, and the usual O ye●, being made, the Jury was called, Mr. Sidney would have challenged some, because they were no ●rueholder● but my Lord Chief Justice, told him 〈…〉 no Exception and that, 〈◊〉 Case had been several times overruled, and particularly ●●n my ●ord ●ussels Case; so that he was forced to D, and after having excepted against several without showing 〈◊〉 at last ●he Jury was Empanelled, and the ●●dgement ●eing 〈…〉 m●st Elegantly, and Legally, opened by the King's learn●● 〈…〉 the witnesses was called for the King. The first that was called was Mr. West, who be●●● 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 Trial of the 5 Jesuits: so the Evidence proceeded, and afterwards did particularise, 〈◊〉 though himself, did hold no Correspondence with the Prisoner at the Bar, yet he was often told by Captain Walcot, th●● he was a●●ain ●ngl●e, in the contriving of all, and providing of ●rms. The next appeared for the King, was Colonel rumsey who gave much what the same Evidence in Ceneral: and particularly that Mr. Sidney was a great Contriver. Then was called Mr. Keeling the first Discoverer; he s●oke first to the Plo● in General, and said in particular, towards the la●●er end of his Evidence, that he heard from others, that Mr. Sidney was all a long in the Plot. The fourth and last Evidence for the King was the Lord Howard of Escriek, he swore in particular, that Mr. Sedney, had often satin in 〈◊〉 with other ●●e, where they debated the means to Kill the King: New 〈◊〉 the Government, and that he was b●; when a Traitorous Letter was writ to invite their Brothers of Scotland, and to shake of Monarchy, and particularly my Lord Howard evidenced, that Mr. Sidney, undertook to send the Letter, and that Aron Smith was employed by Mr. Sidney, in this business: This was ●he substance of what my Lord Howard deposed as to the Prisoner ●t the 〈◊〉. Then the King's Council produced a most virulent and treacherous Libel, that was seized on in Mr. Sidney's Hous●, when he was apprehended. Mr. Adderbury, the Messenger appeared in Court, & att●●t●d in that i● was taken there, and Sr. Philip Lloyd, attested it was the same that was before the King and Council. Then was called one Mr. Cook Goldsmith, and another Citizen his Part●●●, they said they had often dealt with Mr. Sidney▪ and had seen several Letters written with his own hand, and they were fully satisfied that the abovementioned Pamphlet was written by the same hand that they were used to receive, were Written. The substance of the Pamphlet was that the Sovereign power was in the People, and that the King was but only the people's Trustee, and that if he would (it was true they said) he might depose himself, and if he would not they might by force depose him, and chastise him for misgoverment; and that if they proceeded to depose the King, they did not break their Oath's because the King had no Authority to impose such an oath, and that the Parliament were the Judges when the King did amiss and aught to be dethroned, and that his present Majesty had fallen under these circumstances, and that was ●he reason they had to justify themselves in their proceed, and so to draw in the Mobile, it was a very large Pamphlet and & took a great deal of time: there were several of the most seditious cla●s●s of this wicked Pamphlet inserted in the Indictment. The King's Council, having done with their Evidence, and clearly proved the Pamphlet upon Mr. Sidney, he was permitted with all the Freedom immaginable to make his defence, which was very long, and not the least interrupted: the Count giving him all the fair Play immaginable. First he began with matters of Law, and pleaded, that there ought to be two Witnesses to every particular fact, but he was answered by the Court, that that Case had been often overruled; and that at the Trial of the 〈◊〉 Viscount S●●fford, where was agreed on by all the Judges, that it was not necessary, so that they both proved 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 〈◊〉 Argument was that he conceived him-himself only Guilty of Misprision of Treason, because it could not be ●●oved, that he writ the● reasonable Letter that was to be sent into Scotland, by Aron Smith, but he was told by the Court, that his point of Law, likewife 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 imprison of Treason, but High-Treason, as all the Judges had resolved in the trial of the la● Lord Russel: then he endeavoured to prove, that my Lord Howard owing him some Money, and that he claiming it, My Lord spoke, that he would be revenged 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. Th●● he proceeded to several other topics, to show the improbability of such a design, he speaking very Floridly, & often smiling as if he did not qustion but to have a good dilivery. First he endeavoured to show the improbability of his being in such a design, from the greatness of his Age, he being a good deal above threescore, and besides very infirm: which might induce any body to believe as he said, that the Fire of Ambition must be extinguished, and that it was fit 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 topic was not of improbability, but endeavoured to insinuate an unpossibillitie of his being concerned, because he said he was no popular man and consequently unfit to be concerned in such an Affair, 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 material, and so giving him a short and pithy Answer desired him to proceed to more solid arguments, and to call in his evidence, which were many but were able to say little in the Prisoner's behalf. The first was my Lord Anglesey, he attested that my Lord Howard, had protested after the breaking out of the Plot at my Lord Bedford's, that he knew nothing of it, this was likewise attested by my Lord Baget, and by one Mr. Philip Howard, with many Circumstances, 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 russel's Trial, and received much what the same Answer from the Court, etc. 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. Solicitor General summed up the Evidence, most learnedly and distinctly. First, showing the convincing proofs on the King's side, then from Point, to Point, answering every Objection, ●●g●d by the Prisoner, afterwards my Lord Chief Justice summed up all, mos● learnedly and methodically, giving the most Loyal Directions to the Jury. After all was done by the Court: the Jury withdrew and having consulted upon the business about half a quarter of an hour, Mr. Sidney, remaining at the Bar, smiling and talking; a Verdict was called, and O yes, being made after the usual manner, and the Jury being called over, Mr, Angers the foreman, spoke for the Rest and brought him in Guilty. Thus Judgement at last overtook one who was Signalie remarkable, for his Violence against the last King of of blessed memory: And for his strange Aversion to Monarchy, he being a perfect Monarch hater. LONDON Printed for E Mallet, 1683.