To make out the two necessary witnesses in this case, the Attorney-General brought forward several persons to prove that the Scottish agents of conspiracy for whom Sidney had sent had actually arrived in London; but he relied much more on a manuscript pamphlet which was found in Sidney's desk when he was arrested. This pamphlet appeared to be an answer to Filmer's book, which argued that possession was the only right to power. Three persons were called to swear that it was in Sidney's handwriting; but the chief of these was the same perfidious Shepherd, the wine-merchant, who had so scandalously betrayed his party. He had seen Sidney sign several endorsements, and believed this to be his writing. A second, who had seen him write once, and a third, who had not seen him write at all, but had seen his hand on some bills, thought it like his writing. This was by no means conclusive, but that did not trouble the Court; it went on to read passages in order to show the treasonableness of the manuscript, and then it was adroitly handed to the prisoner on the plea of enabling him to show any reasons for its being deemed harmless; but Sidney was not caught by so palpable a trick. He put back the book as a thing that no way concerned him. On this Jeffreys turned over the leaves, and remarked, "I perceive you have arranged your matter under certain heads; so, what heads will you have read?" Sidney replied that the man who wrote it might speak to that; and asked with indignation whether a paper found in his study against Nero and Caligula would prove that he had conspired against Charles II.? What credit, he asked, was due to such a man as Lord Howard, who had betrayed every one that had anything to do with him, and had said that he could not get his pardon till the drudgery of swearing was over? He contended that Howard was his debtor, that he had a mortgage on his estate, and to get rid of repayment was now seeking his life. He commented on the oldness of the work in the manuscript, and asked the Attorney-General how many years the book of Filmer's, which it replied to, had been written. Jeffreys told him they had nothing to do with Filmer's book; the question was, would he acknowledge the authorship of the pamphlet? Sidney replied, "No;" that it was neither proved to be his, nor contained any treason if it had been.

TRIAL OF LORD WILLIAM RUSSELL. (See p. [278].)

(After the Picture by Sir George Hayter.)

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Jeffreys, after a parade of humanity, declaring that the king desired not to take away any man's life which was not clearly forfeited to the law, but had rather that many guilty men should escape than one innocent man suffer, concluded, nevertheless, by telling the jury that scribere est agere—that they had evidence enough before them, and they, accordingly, brought in a verdict of guilty.

When the prisoner was brought up on the 26th of November to receive sentence, he pleaded in arrest of judgment that he had had no trial, that some of his jurors were not freeholders, and that his challenges had not been complied with; yet he seems to have exercised that right to a great extent, for the panel contains the names of eighty-nine persons, of whom fifty-five were challenged, absent, or excused. As jurymen, however, then were summoned, there might still be much truth in his plea. He objected, too, that there was a material flaw in the indictment, the words in the king's title—Defender of the Faith—being left out. "But," exclaimed Jeffreys, "that you would deprive the king of his life, that is in very full, I think." But this plea had a certain effect, and a Mr. Bampfield, a barrister, contended that the judgment should not be proceeded with whilst there was so material a defect in the indictment. Sidney also insisted that there was no proof of the manuscript being his, or of its being treason, and demanded that the Duke of Monmouth should be summoned, as he could not be earlier found, and now was at hand. But Jeffreys overruled all his pleadings, and declared that there was nothing further to do than to pass sentence. "I must appeal to God and the world that I am not heard," said Sidney. "Appeal to whom you will," retorted Jeffreys, brutally, and with many terms of crimination and abuse, passed on him sentence of death with all its butcheries. On the 7th of December he was led to execution.

A very different man at this epoch obtained his pardon, and played a very different part. The weak, impulsive, ambitious, and yet vacillating Monmouth was by means of Halifax reconciled to his father. Halifax, who was known as a minister by the name of the Trimmer, though he had aided the Tories in gaining the ascendant, no sooner saw the lengths at which they were driving, than he began to incline to the other side. His tendency was always to trim the balance. When the Whigs were in the ascendant he was a decided Tory; he did his best to throw out the Exclusion Bill, and when it was thrown out he was one of the first to advocate measures for preventing the mischiefs of a Popish succession. His genius was not to stimulate some great principle, and bear it on in triumph, but to keep the prevailing crisis from running into extravagance. He was, like Danby, an enemy to the French alliance; he loathed the doctrine of passive obedience; he was opposed to long absence of Parliaments; he dared to intercede for Russell and Sidney, when the Tory faction were demanding their blood; he saw the undue influence that the Duke of York had acquired by the late triumph over the Whigs, and he began to patronise Monmouth as a counterpoise; he wrote some letters for Monmouth, professing great penitence, and Monmouth copied and sent them, and the king at once relented. On the 25th of October Charles received him at the house of Major Long, in the City; and though he assumed an air of displeasure, and upbraided him with the heinous nature of his crimes, he added words which showed that he meant to forgive. On the 4th of November there was another private interview, and Halifax laboured hard to remove all difficulties. The king offered him full forgiveness, but on condition that he submitted himself entirely to his pleasure. On the 24th of November he threw himself at the feet of the king and the Duke of York, and implored their forgiveness, promising to be the first man, in case of the king's death, to draw the sword for the maintenance of the duke's claims. The duke had been prepared beforehand for this scene, and accorded apparently his forgiveness. But Monmouth was then weak enough to be induced to confirm the testimony of Lord Howard against his late associates, and to reveal the particulars of their negotiations with Argyll in Scotland. This he did under solemn assurances that all should remain secret, and nothing should be done which should humiliate him. Having done this, his outlawry was reversed, a full pardon formally drawn, and a present of six thousand pounds was made him by the king to start afresh with.

No sooner, however, was this done than he saw with consternation his submission and confession published in the Gazette. He denied that he had revealed anything to the king which confirmed the sentences lately passed on Russell and Sidney. The king was enraged, and insisted that he should in writing contradict these assertions. He was again cowardly enough to comply, and immediately being assailed by the reproaches of his late friends, and especially of Hampden, whose turn was approaching, and who said that Monmouth had sealed his doom, he hastened to Charles, and in great excitement and distress demanded back his letter. Charles assured him that it should never be produced in any court as evidence against the prisoners, and advised him to take some time to reflect on the consequences to himself of the withdrawal. But next morning, the 7th of December, renewing his entreaty for the letter, it was returned him in exchange for a less decisive statement, and Charles bade him never come into his presence again. He then retired to his seat in the country, and once more offered to sign a paper as strong as the last. Even Charles felt the infamy of this proceeding, and refused the offer.