"he is a king: the law sets a measure unto that subjection, and the Parliament judges of the particular "cases thereupon arising. He must be content to

submit his interest unto theirs, since he is no more "than any one of them in any other respect than that "he is, by the consent of all, raised above any other. "If he doth not like this condition, he may renounce "the 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 that the per"formance will be exacted, or revenge taken by "those that he hath betrayed." And that in another place in the said false, seditious, and traitorous libel, among other things, these false, seditious, and traitorous English sentences are contained (that is to say) "We may therefore change or take away kings, "without breaking any yoke; or that is made a yoke "which ought not to be one: the injury is therefore "in making or imposing, and there can be none in "breaking it." Against the duty of his allegiance, against the peace of the said now lord the king, his crown and dignity, &c. And against the form of the statutes in this case made and provided, &c.

How sayest thou, art thou guilty of this high treason whereof thou standest indicted, or not guilty?

Col. Sydney. My lord, I find here an heap of crimes put together, distinct in nature one from another, and distinguished by law; and I do conceive, my lord, that the indictment itself is thereupon void, and I cannot be impeached upon it.

Lord Chief Justice. We are not to admit any discourses till you answer the question, whether you are guilty, or not guilty.

Mr. Att. Gen. [Sir Robert Sawyer, knt.] If he will demur, my lord, we will give him leave.

Col. Sydney. I presume your lordship will direct me, for I am an ignorant man in matters of this kind, I may easily be surprised in it, I never was at a trial in my life of any body, and never read a law-book.

L. C. J. Because no prisoner under your cir cumstances is to have counsel, but in special cases to be assigned in matters of law, the court is bound by their oaths and duty of their places, that they shall not see any wrong done to you: but the business we are to tell you now is, you are to plead guilty or not guilty, or demur, which is a confession in point of law.

Col. Sydney. Under favour, my lord, there may be indictments that are erroneous; and if they are erroneous and vicious, they are null, and ought not to be answered to.

Mr. Just. Withins. If you please to demur to it, you shall have liberty to make any exceptions.

Col. Sydney. I don't demur, 'tis only exceptions. I think in matters of life, a man may give in his exceptions to the bill, and plead not guilty afterwards. I am sure, in Sir Henry Vane's case, the court said it,

and offered him to do it; that which, under favour, I hope to do.

L. C. J. You must plead or demur.

Col. Sydney. My lord, if I put in exceptions to the bill, I don't plead till those exceptions are over-ruled. This was in the case of Sir Henry Vane.

L. C. J. Sir, I must tell you, you must either plead, or demur.

Col. Sydney. My lord, there are in this indictment some treasons, or reputed treasons, that may come within the statute of the 13th of this king, which is limited by time; the prosecution must be in six months, and the indictment within three. Now, my lord, if this business that is mentioned be above six months, before my commitment, or above three before the indictment, I think, under favour, I ought not to answer to these matters.

L. C. J. You are mistaken in the law. That will be saved when the fact comes to appear. If they alledge the things to be at a time, which according to that allegation would maintain the indictment; if upon the trial it appear otherwise, the court is bound to take notice of it, when you come to your trial: but we are not bound to examine that before you have pleaded.

Col. Sydney. My lord, every body will acknowledge, that there have been, or may be, vicious indictments. Now if I plead to an erroneous indictment, and am acquitted, I may be indicted again. Bills of attainder have been upon errors in original indictments, as that of the duke of Somerset. Now if there be several things distinct in nature, and distinguished by law, that are put together, 'tis impossible to make a positive answer to any one. If any one should tell me that I by myself, or by others, by sword or by pistol, conspired to kill the king, I can say, I did it, or I did it not. If any one say, I have levied war, and by several acts undertake to prove I have done it, I can say I have done it, or I have not. But here I don't find any thing specified, nor can tell upon what statute I am indicted. I pray, I may see In the record.

L. C. J. That we can't do. You shall hear it read again if you will. If you think it to be a void indictment, demur to it if you will.

Col. Sydney. My lord, I desire you to accept of this [shewing a parchment].

L. C. J. What is it? Put in what plea you shall be advised; but if you put in a special plea, and Mr. Attorney demurs, you may have judgment of death, and by that you wave the fact.

Col. Sydney. I can't make any objection to the bill after I have pleaded not guilty; for I accept the bill thereby to be good.

L. C. J. If you can assign any matter of law, do.. But otherwise, what a kind of thing would it be? All criminals would say in all cases, I doubt whether the bill be good or bad, and after I have thus considered of it, I will plead. You are mis-informed; and this the court tells you, as a duty incumbent on them..

Mr. Just. Wythins. If you demur, and shew what your causes are, we will assign you counsel..

Col. Sydney. I desire you would not try me, and make me to run on dark and slippery places. I don't see my way.

L. C. J. Don't apprehend yourself to be so, as if the court would run you on any inconvenience. But they are bound to see the methods of justice preserved; they are those that you, and all the king's subjects, are bound to conform to. If any one of us were in the same condition, we must observe the same methods of law.

Clerk of the Crown. Art thou guilty, or not guilty?

Col. Sydney. Then pray, my lord, will you tell me this: Is it true, that a man, how vicious soever an indictment is, must answer or demur to it?

L. C. J. He must either answer or demur.

Col. Sydney. Are there no exceptions to be admitted?