d in criminal prosecutions: that allowing him to be the author,
he had composed them solely for his private amusement, and had never
published them to the world, or even communicated them to any single
person: that, when examined, they appeared by the color of the ink
to have been written many years before, and were in vain produced as
evidence of a present conspiracy against the government: and that where
the law positively requires two witnesses, one witness attended with
the most convincing circumstances, could never suffice; much less, when
supported by a circumstance so weak and precarious. All these arguments,
though urged by the prisoner with great courage and pregnancy of reason,
had no influence. The violent and inhuman Jefferies was now chief
justice; and by his direction a partial jury was easily prevailed on to
give verdict against Sidney. His execution followed a few days after: he
complained, and with reason, of the iniquity of the sentence; but he had
too much greatness of mind to deny those conspiracies with Monmouth and
Russel, in which he had been engaged. He rather gloried, that he now
suffered for that "good old cause," in which, from his earliest youth,
he said he had enlisted himself.

The execution of Sidney is regarded as one of the greatest blemishes of
the present reign. The evidence against him, it must be confessed, was
not legal; and the jury who condemned him were, for that reason, very
blamable. But that, after sentence passed by a court of judicature, the
king should interpose and pardon a man who, though otherwise possessed
of merit, was undoubtedly guilty, who had ever been a most inflexible
and most inveterate enemy to the royal family, and who lately had even
abused the king's clemency, might be an act of heroic generosity, but
can never be regarded as a necessary and indispensable duty.

Howard was also the sole evidence against Hambden; and his testimony was
not supported by any material circumstance. The crown lawyers therefore
found it in vain to try the prisoner for treason: they laid the
indictment only for a misdemeanor, and obtained sentence against him.
The fine imposed was exorbitant; no less than forty thousand pounds.

Holloway, a merchant of Bristol, one of the conspirators, had fled to
the West Indies, and was now brought over. He had been outlawed; but the
year allowed him for surrendering himself was not expired. A trial was
therefore offered him but as he had at firs