Att. Gen. What was he to do?

L. Howard. There was no particular deed for him, more than to carry a letter. The Duke of Monmouth undertook to bring my Lord Melvin hither, because he had a particular dependence upon him, and I think some relation to his lady; but to Sir John Cockram there was a letter to be sent under the disguise of carrying on some business of the plantation in Carolina. This letter I suppose was writ by my Lord Russell (though I know it not) for he was personally known to my Lord Russell, and I do not know that he was known to any of us. About three weeks after this, then, he was dispatched I suppose.

Att. Gen. To what purpose were these gentlemen to come up?

L. Howard. These were to acquaint us how they found Scotland tempered, and what opportunities or advantages there were or might be of putting them into a commotion, and how men might be raised, and how they would fall under Argyle, and also to keep time and place with us. After this I was with Colonel Sidney when he was going into London, and he took out several guineas, I cannot tell how much it was, I suppose they might be about sixty, and put them into his pocket, which he said were to give Aaron Smith; whether he gave them or no, I do not know; after that he was sent.

Att. Gen. Who told you so?

L. Howard. Col. Sidney, for I was enquiring of him ; and he said he had not heard of him in three weeks, or but once, when he was about Newcastle. After this, I had occasion that called me into the country, and there I was. Some time after that I went to the bath; and this is all the account I can give.

Sol. Gen. Do you know that Aaron Smith did go? L. Howard. I know nothing but by hearsay. Col.

Sidney told me he was gone, and was upon the road, and he heard from him about Newcastle.

L. C. J. Did you understand by the discourse after he was gone, that he went in pursuance of that debate? L. Howard. Yes, my Lord, that was the whole end of his going.

Just. Withins. I think you say that gentleman (pointing to Sidney) undertook to send him?

L. Howard. Yes, he did.

L. C. J. Will you ask him any questions?
Sidney. I have no questions to ask him.

The

Att. Gen. Silence-you know the proverb. next step is to show you, my Lord, that these persons came up immediately after Aaron Smith went down. thither; and, according to that which was said to be the shadow and pretence of their coming hither, they pretended they came about Carolina business. Sir Andrew Foster and Mr. Blathwaite.

Sir Andrew Foster sworn.

Att. Gen. Pray, sir, give an account what Scotch gentlemen came up lately.

Sir Andrew Foster. My Lord, about the end of the spring, or beginning of summer, as I remember, these gentlemen, Sir John Cockram, and Commissioner Monro, and the two Campbells, father and son, came up hither. I did not see the father at all, but I saw the son the day of Lord Russell's trial; but the other two, I think, I saw a little before the discovery of the plot.

Att. Gen. What did they pretend they came about? Sir Andrew Foster. They pretended they came to make a purchase in Carolina, and I saw their commission from the person said to be concerned in that design. L. C. J. Of whom do you speak?

Sir Andrew Foster. Sir John Cockram and Commissioner Monro.

Att. Gen. As soon as the rumor came of the plot, what became of those gentlemen ?

Sir Andrew Foster. Sir John Cockram absconded; Monro did not; the Campbells were seized, changing their lodging from place to place.

Mr. Atterbury sworn.

Att. Gen. Will you give my Lord and the Jury an account of what you know of these Scotchmen, their absconding and lying hid.

Atterbury. My Lord, upon the latter end of June, or the beginning of July it was, I was sent for into London upon the discovery of some Scotch gentlemen that lay about Blackfriars; and when I came down there, there was the Common Sergeant and some others had been there before me, and found them making an escape into a boat.

Att. Gen. Who were they?

Atterbury. Sir Hugh Campbell and Sir John Cockram, and one that was committed to the Gatehouse by the council as soon as brought hither.

Att. Gen. We shall end here, my Lord. How long had they been in town?

Atterbury. Some little time.

Att. Gen. We have done with this piece of our evidence. Now, to show that while this emissary was in Scotland, at the same time the Colonel was writing a treasonable pamphlet, I will call you the witnesses. It is all of his own writing.

Att. Gen. Sir Philip Lloyd, pray will you look upon those papers, and give my Lord and the Jury an account where you found them.

Sir Phil. Lloyd. I had a warrant, my Lord, from the secretary by the King and Council, to seize Mr. Algernon Sidney's papers, and pursuant to it, I did go to his house, and such as I found there I put up. I found a

great many upon the table, amongst which were these; I suppose it is where he usually writes; I put them in a pillow-bear I found in the house, and that in a trunk; I desired Col. Sidney would put his seal upon them, that there should be no mistake; he refused, so I took my seal, and sealed up the trunk, and it was carried before me to Mr. Secretary Jenkins' office. When the committee sat, I was commanded to undo the trunk, and I did so and found my own seal upon it. And I took the papers out of the bag I put them into before.

L. C. 7. Was Colonel Sidney present when you seized these papers?

Sir Phil. Lloyd. Yes.

Att. Gen. Are these some of those papers?

Sir Phil. Lloyd. Yes, I verily believe it.

Att. Gen. In the next place, I think we have some papers of his particular affairs which will prove his hand. Call Mr. Shepherd, Mr. Cooke, and Mr. Carey.

Mr. North. Sir Philip Lloyd, when were they seized? Sir Phil. Lloyd. Towards the latter end of June, my Lord.

Furyman. Which June?

Sir Phil. Lloyd. Last June.

Mr. Shepherd sworn.

Att. Gen. Pray, will you look upon those writings. (Showing the libel.) Are you acquainted with Colonel Sidney's hand ?

Shepherd. Yes, my Lord.

Att. Gen. Is that his hand-writing?

Shepherd. Yes, sir, I believe so. I believe all these

sheets to be his hand.

Att. Gen. hand?

Shepherd.

How came you to be acquainted with his

I have seen him write the indorsement

upon several bills of exchange.

Mr. Cary sworn.

Sidney. My Lord, I desire you would please to consider this, that similitude of hands can be no evidence. L. C. J. Reserve yourself till anon, and make all the advantageous remarks you can.

Att. Gen.

Have you had any dealing with him? Cary. I never saw him write, to my knowledge, more than once in my life, but I have seen his indorsement upon bills, and it is very like that.

L. C. J. Do you believe it his hand, as far as you can guess?

Cary. My Lord, it is like what came to me for his hand-writing.

L. C. J. And you believe it to be his hand?
Cary. Yes.

Mr. Cooke sworn.

L. C. F. What say you, Mr. Cooke.

Cooke. My Lord, I did never see Col. Sidney write, but I have seen several notes that have come to me with indorsement of his name, and we have paid them, and 'tis like to this.

L. C. 7. And you were never called to account for mispayment.

Cooke. No, my Lord.

Att. Gen. I pray it may be read. We will read as much as is necessary to prove the indictment.

Col. Sidney. I pray it may be all read.

L. C. J. Mr. Attorney must have what part he desires read, and you shall have what part you will read afterwards.

Col. Sidney. I desire it may all be read.

Att. Gen. Begin there: Secondly, There was no absurdity in this, because it was their own case.

Clerk reads:

Secondly,-There was no absurdity in this, though it