A New Martyrology, Martyrology · Life 7
Algernon Sidney, Esq
THe next Victim to Popish Cruelty and Malice, was, Colonel Algernon Sidney, of the ancient and noble Name and Family of the Sidneys, deservedly famous to the utmost bounds of Europe; who, as the ingenious Mr. Hawles observes, was meerly talkt to death, under the notion of a Commonwealths Man, and found Guilty by a Jury who were not much more proper Judges of the Case, than they wou'd have been had he writ in Greek or Arabick. He was arraign'd for a Branch of this Plot at Westminster the 17th of Novemb. 1683. where, tho' it cannot be said the Grand Jury knew not what they did, when they found the Bill against him, since no doubt they were well instructed what to do; yet it must, that they found it almost before they knew what 'twas. being so well resolv'd on the Case, and agreed on their Verdict, that had he been Indicted for breaking up an House, or robbing on the High-way, 'twas doom'd to have been Billa vera, as much as 'twas now. For tho' the Indictment was never presented to 'em before they came into the Hall, yet they immediately found it: The Substance whereof was, [For a Conspiracy to Depose the King and stirring up Rebellion, and writing a Libel for that purpose.] The most part of the Evidence brought against him, was only Hearsay, as against my Lord Russel; nay, West whose Evidence was then refused, now was admitted to tell a long Story of what he had from one and t'other. Rumsey's was much of the same Nature. In the Reer came that never failing Evidence the Lord Howard, who witnesses he was one of the Council of Six, and engaged one of the deepest in their Consults. And more than that, exercises his own Faculty very handsomly, in an account of two Speeches Mr. Hamden made on the Occasion, which indeed were such fine things, that some might think it worth the while to swear against a man, only to have the Reputation of reciting 'em; and whom they are most like, Mr. Hamden, or my Lord's own witty self, let any man Judge.
The next Evidence was a Paper, said to be of the Prisoners writing, which was found in his Study. The Substance of which was an Enquiry into the Forms of Government and Reasons of their Decays: The Rights of the People, and Bounds of Soveraignty, and Original of Power. In which were those heinous, treasonable Expressions, [The King is subject to the Law of God as ae Man, to the People who made him such, as a King, &c.] And Examples of evil Kings and Tyrants, whom sometimes a Popular Fury had destroy'd; at others, the Ordines Regni either reduc'd, or set them aside, when their Government was a Curse instead of a Blessing to their People. VVell, what Treason to be found in all this, and a great deal more? Nothing but a Jesuits enchanted Telescope cou'd have found any in it. If there were any Mistakes, as he says in his Speech▪ they ought to have been confuted by Law, Reason, and Scripture, not Scaffolds and Axes. First, 'Twas not proved to be his Writing, nor did he confess it; Treason and Life are critical things: one ought to be as fairly prov'd, as t'other to be cautiously proceeded against. Tho' he might write it, he had the Liberty of an English man, not to accuse himself: the very same thing which was afterwards put in practice by those Reverend Persons, who, later than he, and cheaper too, defended their Countries Liberty with only the loss of their own. But owning he Writ it, How very few, if any things therein are not now generally and almost universally believ'd, and are the foundation of the practice, and satisfaction of the Conscience of every Man, tho' then confuted with the single Brand of Commonwealth Principles, being indeed such as all the World must, whether they will or no, be forc'd into the belief of, as soon as Oppression and Tyranny bears hard upon 'em, and becomes really unsupportable. But supposing they were now as wicked Principles as they were (call'd) then; yet what was that to the then present Governours? He answer'd Filmer for his own satisfaction, or rather began to do it, many years before the Makers of this Plot dreamt of that, or bringing him into it: Kept it private in his own Study, where it might have lain till Dooms-day, had not they fetch'd it out to make somewhat on't. 'Twas suggested▪ and Innuendo'd, that this Book was written to scatter among the people in order to dispose 'em to rebel, as 'tis in the Indictment. But how ridiculous that is, any one will see who considers the Bulk of it, which was such, that, as he says in his Speech, [The fiftie…h part of the Book was not produced; nor the Tenth of that read, tho' he desired it, and 'twas usual; and yet after all, as it had never been shewn to any man, so 'twas not finish'd, nor cou'd be in many years.] Now is this a business likely to be calculated for a Rebellion; when it cou'd neither be finish'd till several years after 'twas over; and besides, if it had, the Bulk made if so improper to be disperst for that purpose for which 'twas pretendedly design'd? No, those who are to poison a Nation in that manner, know better things, and more likely ways. 'Tis to be done in little Pamphlets, and Papers easily read over, understood, and remembred, as the Declaration-Gentlemen t'other day, very well knew. But still here being not a Syllable, in these Papers of King Charles, any more than of the King of Bantam, or the Great Mogul, against whom they might as well have made it Treason; 'twas all supply'd by a fine knack, call'd an Innuendo, that is, in English, such Interpretation as they'd please to affix on his words. Thus when he writes Tarquin, or Pepin, or Nero, they say, he meant King Charles; and so, scandalously of him, as well as wickedly of the Gentleman, make a Monster and a Ravisher of their King, and then take away anothers Life for doing it. There was a Minister I have somewhere read of, who was accused for writing a Libel against Queen Elizabeth, and her Government; and the Fact there, 'tis true, lay, as this does, upon Innuendo's, though much more plain and pregnant.— But all the Punishment inflicted on him, tho' that thought severe enough, reached not his Head, the loss of his Hand being thought sufficient▪ while with that which was left, he pulled off his Hat, and Prayed God to bless the Queen. —But this was under a mild Reign, and truly Protestant Government.
As for my Lord Howard's Evidence, had the Jury been any but such as they were, and Sidney describes them, they would not have hang'd a Jesuit upon the credit on't; he having, one would think, that read the Tryals, taken a pride in damning, himself deeper and deeper against every new appearance in publick, on purpose to try the skill and face of the Council in bringing him off again.—To the Evidence brought against him in my Lord Russel's Case, he had taken care that these following should be added.
The E of Clare witnesses, that he said, after Sidney's Imprisonment, if question'd again, He would never plead —(Had it not been a pleasant thing for my Lord Howard to have been Press'd to death for not speaking?) and that he thought Colonel Sidney as innocent as any Man breathing: Mr. Ducas says the same, so does my Lord Paget, and Mr. Edward, and Philip Howards, and Tracy, and Penwick, and Mr. Blake, that he said he had not his Pardon, and could not ascribe it to any Reason, but that he must not have it till the Drudgery of Swearing was over.
But though there was no reasonable Answer could be given to all this; tho Sidney pleaded the Obligations my Lord Howard had to him and the great Conveniency he might think there might be in his being hang'd, since he was some Hundreds of Pounds in his Debt, which would be the readiest way of paying him; and had besides, as it appeared, a great mind to have the Collonel's Plate secured at his own House; tho never Man in the World certainly ever talk't stronger Sense, or better Reason, or more evidently batter'd the Judges, and left 'em nothing but Railing. —'Twas all a case with him, as well as the others; and the Petty Jury could as easily have found him Guilty, without hearing his Tryal, as the Grand Jury did as soon as e're they saw the Bill. Never was any thing more base and barbarous, than the summing up the Evidence and Directions to the Jury, who yet stood in no great need of 'em: Nor more uncivil and sawcy a Reflection on the Noble Family and Name of the Sidneys, than the Judges saying—That he was born a Traitor. Never any thing Braver, or more Manly, than his Remonstrance to the King for Justice, and another Trial: Nor lastly, more Roman, and yet truly Christian than his end. The brave old Man came up on a Scaffold, as unconcern'd as if he had been going to fight, and as lively as if he had been a Russel. In his last Speech he gives almost all the substance of all those Books which have been lately written in the Defence of the late Transactions, and no disgrace to 'em neither; since Truth and Reason are eternal, and one and the same from all Pens and Parties, and at all times, however there may be some times so bad, that they won't bear some Reason, any more than some Doctrine.—He there says as much in a little as ever Man did— [That Magistrates were set up for the Good of Nations, not e contra] If that be Treason, K. Charles the First is guilty on't against himself, who says the same thing.) That the Power of Magistrates is what the Laws of the Country make it: That those Laws and Oaths have the force of a Contract, and if one part is broken, t'other ceases.] And other Maxims of the same necessity and usefulness. — He besides this, gave a full Account of the Design of his Book, of his Tryal, and the Injustice done him therein; of the Jury's being packt, and important points of Law over-ruled; and ends with a most Compendious Prayer, in which he desires God would forgive his Enemies, but keep 'em from doing any more mischief— And then he laid down his Head, and went to Sleep.
TO THE KING'S Most Excellent MAJESTY The Humble Petition of Algernoon Sydney, Esquire,
SHEWETH, THAT your Petitioner, after a long and close Imprisonment, was on the seventh day of this Month, with a Guard of Souldiers brought into the Palace-yard, upon an Habeas Corpus directed to the Lieutenant of the Tower, before any Indictment had been exhibited against him: But while he was there detain'd, a Bill was exhibited and found; whereupon he was immediately carried to the King's Bench, and there Arraign'd. In this surprize he desir'd a Copy of the indictment, and leave to make his exceptions, or to put in a special Plea, and Council to frame it; but all was denied him. He then offer'd a special Plea ready ingross'd, which also was rejected without reading: And being threatned, that if he did not immediately plead Guilty or not Guilty, Judgment of High Treason should be entered, he was forc'd contrary to Law (as he supposes) to come to a general issue in pleading not Guilty.
Novemb. 21. He was brought to his Tryal, and the Indictment being perplexed and confused, so as neither he nor any of his Friends that heard it, could fully comprehend the scope of it, he was wholly unprovided of all the helps that the Law allows to every man for his Defence. Whereupon he did again desire a Copy, and produced an Authentick Copy of the Statute of 46 Ed. 3. whereby 'tis enacted, That every Man shall have a Copy of any Record that touches him in any manner, as well that which is for or against the King, as any other person; but could neither obtain a Copy of his Indictment, nor that the Statute should be read.
The Jury by which he was try'd was not (as he is inform'd) summon'd by the Bailiffs of the several Hundreds, in the usual and legal manner, but names were agreed upon by Mr. Graham, and the Under-Sheriff, and directions given to the Bailiffs to summon them: And being all so chosen, a Copy of the Pannel was of no use to him. When they came to be called, he excepted against some for being your Majesties Servants, which he hoped should not have been return'd, when he was prosecuted at your Majesties Suit; many more for not being Free-holders, which exceptions he thinks were good in Law; and others were lewd and infamous persons, not fit to be of any Jury: But all was over-rul'd by the Lord Chief Justice, and your Petitioner forc'd to challenge them peremptorily, whom he found to be pick'd out as most suitable to the Intentions of those who sought his Ruin; whereby he lost the Benefit allow'd him by Law of making his Exceptions, and was forc'd to admit of Mechanick Persons utterly unable to judge of such a matter as was to be brought before them. This Jury being sworn no Witness was produc'd, who fixed any thing beyond hear-say upon your Petitioner, except the Lord Howard, and them that swore to some Papers said to be found in his House, and offer'd as a second Witness, and written in an Hand like to that of your Petitioner.
Your Petitioner produc'd ten Witnesses, most of them of eminent Quality, the others of unblemish'd Fame, to shew the Lord Howard's Testimony was inconsistent with what he had declared before (at the Tryal of the Lord Russel) under the same Religious obligation of an Oath, as if it had been legally administred.
Your Petitioner did further endeavour to shew, That besides the Absurdity and Incongrui-of his Testimony, he being guilty of many crimes which he did pretend your Petitioner had any knowledge of, and having no other hope of Pardon, than by the drudgery of swearing against him, he deserv'd not to be believ'd. And similitude of Hands could be no evidence, as was declared by the Lord Chief Justice Keiling, and the whole Court in the Lady Carr's case; so as that no evidence at all remain'd against him.
That whosoever wrote those Papers, they were but a small part of a Polemical Discourse in answer to a Book written about thirty years ago, upon general Propositions, apply'd to no time, nor any particular case; That it was impossible to judge of any part of it, unless the whole did appear, which did not; That the sence of such parts of it as were produc'd, could not be comprehended, unless the whole had been read, which was denied; That the Ink and Paper sheweth them to be writ many years ago; That the Lord Howard not knowing of them, they could have no concurrence with what your Petitioner is said to have design'd with him and others; That the confusion and errors in the writing shew'd they had never been so much as review'd, and being written in an Hand that no man could well read, they were not fit for the Press, nor could be in some years, tho' the writer of them had intended it, which did not appear. But they being only the present crude and private thoughts of a man, for the exercise of his own understanding in his studies, and never shewed to any, or applied to any particular case, could not fall under the Statute of 25 Ed. 3. which takes cognizance of no such matter, and could not by construction be brought under it; such matters being thereby reserved to the Parliament, as is declared in the Proviso, which he desired might be read, but was refused.
Several important points of Law did hereupon emerge, upon which your Petitioner, knowing his own weakness, did desire that Council might be heard, or they might be referr'd to be found specially. But all was over rul'd by the violence of the Lord Chief Justice, and your Petitioner so frequently interrupted, that the whole method of his Defence was broken, and he not suffer'd to say the tenth part of what he could have alledged in his defence. So the Jury was hurried into a Verdict they did not understand.
Now for as much as no man that is oppressed in England, can have relief, unless it be from your Majesty, your Petitioner humbly prays, that the Premises considered, your Majesty would be pleased to admit him into your presence; and if he doth not shew, that 'tis for your Majesties Interest and Honour to preserve him from the said oppression, he will not complain tho' he be left to be destroy'd.
An Abstract of the Paper delivered to the Sheriffs on the Scaffold on Tower-Hill, December 7. 1683. by Algernoon Sidney Esquire before his Execution.
FIRST having excused his not speaking, as well because it was an Age that made Truth pass for Treason, for the proof of which, he instances his Trial and Condemnation, and that the Ears of some present were too tender to hear it, as because of the Rigour of the Season, and his infirmities, &c. then after a short reflection upon the little said against him by other Witnesses, and the little value that was to be put on the Lord Howard's testimony, whom he charges with an infamous life, and many palpable perjuries, and to have been byassed only by the promise of pardon, &c. and makes, even tho' he had been liable to no exceptions, to have been but a single Witness: He proceeds to answer the charge against him from the writings found in his Closet by the Kings Officers, which were pretended, but not Lawfully evidenced to be his, and pretends to prove, that had they been his, they contained no condemnable matter, but principles, more safe both to Princes and People too, than the pretended high-flown plea for Absolute Monarchy, composed by Filmer, against which, they seemed to be levelled; and which, he says, all intelligent men thought were founded on wicked Principles, and such as were destructive both to Magistrates, and People too. Which he attempts to make out after this manner.
First says he, if Filmer might publish to the World, That Men were born under a necessary indispensable subjection to an Absolute King, who could be restrained by no Oath, &c. whether he came to it by Creation, Inheritance, &c. nay, o… even by Usurpation, why might he not publish his opinion to the contrary, without the breach of any known Law? which opinion he professes, consisted in the following particulars.
1. That God had left Nations at the liberty of Modelling their own Governments.
2. That Magistrates were instituted for Nations, and not Econtra.
3. That the Right and Power of Magistrates was fixed by the standing Laws of each Country.
4. That those Laws sworn to on both sides, were the matter of a contract between the Magistrate and People, and could not be broken without the danger of dissolving the whole Government.
5. The Vsurpation could give no Right; and that Kings had no greater Enemies than those who asserted that, or were for stretching their Power beyond its Limits.
6. That such Vsurpations commonly effecting the slaughter of the Reigning Person, &c. the worst of crimes was thereby most gloriously rewarded.
7. That such Doctrines are more proper to stir up men to destroy Princes than all the passions that ever yet swayed the worst of them, and that no Prince could be safe if his Murderers may hope such rewards, and that few men would be so gentle, as to spare the best Kings, if by their destruction, a wild Vsurper could become Gods Anointed, whi… he says was the scope of that whole Treatise, and asserts to be the Doctrine of the best Authors of all Nations, Times and Religions, and of the Scripture, and so owned by the best and wisest Princes, and particularly by Lewis 14th of France, in his Declaration against Spain, Anno 1667. and by King James of England, in his Speech to the Parliament 1603. and adds that if the writer had been mistaken he should have been fairly refuted, but that no man was ever otherwise punished for such matters, or any such things referred to a Jury, &c. That the Book was never finished, &c. nor ever seen by them whom he was charged to have endeavoured by it to draw into a Conspiracy: That nothing in it was particularly or maliciously appplied to Time, Place, or Person, but distorted to such a sense by Innuendo's as the Discourses of the expulsion of Tarquin, &c. and particularly of the Translation made of the Crown of France from one Race to another, had been applied by the then Lawyer's Innuendo's to the then King of England; never considering adds he, that if such Acts of State be not allowed good, no Prince in the World has any title to his Crown, and having by a short reflection, shewn the ridiculousness of deriving absolute Monarchy, from Patriarchal Power, he appeals to all the World, whether it would not be more advantagious to all Kings, to own the derivation of their Power to the consent of willing Nations, than to have no better title than force, &c. which may be over-powered.
But notwithstanding the Innocence and Loyalty of that Doctrine, he says, He was told he must die, or the Plot must die, and complains, that in order to the destroying the best Protestants of England, the Bench was fill'd with such as had been blemishes to the Bar; and instances how against La…, they had advised with the King's Council about bringing him to Death, suffer'd a Jury to be pack'd by the King's Sollicitors, and the VnderUnder-Sheriff, admitted Jury-men no Free-holders, received Evidence not valid; refus'd him a Copy of his Indictment, or to suffer the Act of the 46th of Ed. 3. to be read, that allows it had over-ruled the most important Points of Law, without hearing, and assumed to themselves a Power to make Constructions of Treason, tho' against Law, Sense and Reason, which the Stat. of the 25th of Ed. 3. by which they pretended to Try Him, was reserved only to the …arliament, and so praying God, to forgive them, and to avert the Evils that threatned the Nation, to sanctifie those Sufferings to him, and tho' he fell a Sacrifice to Idols, not to suffer Idolatry to be established in this Land, &c. He concludes with a Thanksgiving, that God had singled him out to be a Witness of his Truth, and for that Good Old Cause in which from his Youth he had been engag'd, &c.
His Epitaph.
ALgernon Sydney fills this Tomb,
An Atheist by declaiming Rome;
A Rebel bold by striving still
To keep the Laws above the Will,
And hindring those would pull them down,
To leave no Limits to a Crown.
Crimes damn'd by Church and Government,
Oh whither must his Soul be sent!
Of Heaven it must needs despair,
If that the Pope be Turn-key there;
And Hellcan ne're it entertain,
For there …s all Tyrannick Reign,
And Purgatory's such a pretence,
As ne're deceiv'd a man of sense,
Where goes it then? where't ought to go,
Where Pope and Devil have nought to do.
His Character.
THere's no need of any more than reading his Trial and Speech, to know him as well as if he stood before us. That he was a Person of extraordinary Sense, and very close thinking, which he had the happiness of being able to express in words as manly and apposite as the Sense included under 'em. He was owner of as much Vertue and Religion, as Sense and Reason; tho' his Piety lay as far from Enthusiasm as any mans. He fear'd nothing but God, and lov'd nothing on Earth, like his Country, and the just Liberties and Laws thereof, whose Constitutions he had deeply and successfully inquired into. To sum up all, He had Piety enough for a Saint, Courage enough for a General or a Martyr, Sense enough for a Privy-Counsellor, and Soul enough for a King; and in a word, if ever any, he was a perfect English man.