one must write against, is the man that does assert it, that 'tis no matter how they come by their power;' and gives the same power to the worst usurpers, as they that most rightly come to the. crown. By the same argument, if the arrantest rascal of Israel had killed Moses, David, &c. and seized upon the power, he had been possessed of that power, and been father of the people. If this be doctrine, my lord, that is just and good, then I confess it may be dangerous for any thing that may be found in a man's house contrary to it; but if a commoner of England write his present thoughts, and another man upon looking on his book, write his present thoughts of it, what great hurt is there in it? And I ask Mr. Attorney, how many years ago that was written?

L. C. J. I don't know what the book was in answer to. We are not to speak of any book that Sir Robert Filmer wrote; but you are to make your defence touching a book that was found in your study, and spend not your time, and the court's time, in

The same afterwards did Harrington in his Oceana; and though more covertly, according to his plan, yet like an Englishman and a gentleman. The title of his book is, "The Commonwealth of Oceana. Dedicated to his highnesse the Lord Protector of the commonwealth of England, Scotland, and Ireland. (Which makes the whole dedication.) By James Harrington." London, printed, 1656, in folio. Cromwell, after the perusal of the book, said, "The gentleman had like to trepan him out of his power; but that what he got by the sword, he would not quit for a little paper shot," &c. As see in the life of Harrington, with divers singular observations on that speech.

that which serves to no other purpose, than to gratify a luxuriant way of talking that you have. We have nothing to do with his book; you had as good tell me again, that there was a parcel of people rambling about, pretending to my lord Russel's ghost; and so we may answer all the comedies in England. Answer to the matter you are indicted for. Do you own that paper?

Col. Sydney. No, my lord.

L. C. J. Go on then. It does not become us to be impatient to hear you, but we ought to advertise you, that you spend not your time to no purpose, and do yourself an injury.

Col. Sydney. I say, first, 'tis not proved upon me: and secondly, 'tis not a crime if it be proved....

L. C. J. You began very materially in one thing; it is material for you to apply yourself to take off the credibility of my lord Howard, that is a witness; call your witnesses to that purpose, or if you have any other point to take away the credibility of any other witness,

Col. Sydney. My lord, I have seven or eight points of law.

L. C. J. I hear not one yet.

Col. Sydney. Why, my lord, conspiring to levy

war is not treason, and I desire to have counsel upon that.

L. C. J. 'Tis not a question. You had as good ask me, whether the first chapter in Littleton be law?

Col. Sydney. My lord, I have neither made war, nor conspired to levy war.

L. C. J. You are still in a mistake: you shall not think that we intend to dialogue with you, to let you know how far the proof hath been given or not given; but when we come to direct the jury, then we shall observe how far the law requires there should be two witnesses. But whether there be such a proof, that must be left to the jury.

Mr. Just. Wythins. If you agree to the conspi. racy, I will tell you my mind of it: I cannot give you my opinion in law, till the fact be stated.

L. C. J. The law always arises upon a point of fact; there can be no doubt in point of law, till there be a settlement in point of fact.

Mr. J. Holloway. My lord has put you in a right way the conspiracy is proved but by one witness, if you have any thing to take off his credibility, 'tis to the purpose.

Col. Sydney. Truly, my lord, I do as little intend to mispend my own spirit, and your time, as ever

any man that came before you. Now, my lord, if you will make a concatenation of one thing, a supposition upon supposition, I would take all this asunder, and shew, if none of these things are any thing in themselves, there can be nothing joined together.

L. C. J. Take your own method, Mr. Sydney; but I say, if you are a man of low spirits and weak body, 'tis a duty incumbent upon the court, to exhort you not to spend your time upon things that are not material.

Col. Sydney. My lord, I think 'tis very material that a whimsical imagination of a conspiracy should not pass for a real conspiracy of the death of the king; besides, if these papers were found in my house, 'tis a crime created since my imprisonment, and that cannot come in, for they were found since. My lord, if these papers are right, it mentions two hundred and odd sheets, and these shew neither beginning nor ending; and will you, my lord, indict a man for treason for scraps of paper, found in his house relating to an ancient paper, intended as innocently as any thing in the world, and piece and patch this to my lord Howard's discourse, to make this a contrivance to kill the king. Then, my lord, I think 'tis a right of mankind, and 'tis exercised by all studious men, that they write in their own closets what they please for their own memory, and no man can be answerable for it, unless they publish it.

VOL. I.

L. C. J. Pray don't go away with that right of mankind, that it is lawful for me to write what I will in my own closet, unless I publish it. I have been told, 'Curse not the king, not in thy thoughts, not in thy bed-chamber; the birds of the air will carry it.' I took it to be the duty of mankind, to observe that.

Col. Sydney. I have lived under the inquisition....

L. C. J. God be thanked, we are governed by law.

Col. Sydney. I have lived under the inquisition, and there is no man in Spain can be tried for heresy.

Mr. Just. Wythins. Draw no precedents from the inquisition, here, I beseech. you, sir.

L. C. J. We must not endure men to talk, that by the right of nature every man may contrive mischief in his own chamber, and he is not to be punished till he thinks fit to be called to it.

Col. Sydney. My lord, if you will take scripture by pieces, you will make all the penmen of the scripture blasphemous; you may accuse David of saying, there is no God; and accuse the evangelists of saying, Christ was a blasphemer and a seducer; and the apostles, that they were drunk.

L. C. J. Look you, Mr. Sydney, if there be any part of it that explains the sense of it, you shall have it read; indeed we are trifled with a little.

'Tis