But, to resume the description of the reign of Charles II., the doctrine of servitude was chiefly managed by _Sir Roger Lestrange_. He had great advantages in the argument, being licenser for the press, and might have carried all before him without contradiction, if writings on the other side of the question had not been printed by stealth. The authors, whenever found, were prosecuted as seditious libellers; on all these occasions the king's counsel, particularly _Sawyer_ and _Finch_, appeared most obsequious to accomplish the ends of the court.
During this _blessed_ management, the king had entered into a secret league with France to render himself absolute and enslave his subjects. This fact was discovered to the world by Dr. _Jonathan Swift_, to whom _Sir William Temple_ had intrusted the publication of his works.
_Sidney_, the sworn foe of tyranny, was a gentleman of noble family, of sublime understanding and exalted courage. The ministry were resolved to remove so great an obstacle out of the way of their designs. He was prosecuted for high treason. The overt act charged in the indictment was a libel found in his private study. Mr. Finch, the king's own solicitor-general, urged with great vehemence to this effect, "that the _imagining_ the death of the king is _treason_, even while that imagination remains concealed in the mind, though the law cannot punish such secret treasonable thoughts till it arrives at the knowledge of them by some overt act. That the matter of the libel composed by Sidney was an _imagining how to compass the death of King Charles II._; and the writing of it was an overt act of treason, for that to write was to act. (_Scribere est agere._)" It seems that the king's counsel in this reign had not received the same directions as Queen Elizabeth had given hers; she told them they were to look upon themselves as not retained so much (_pro domina regina_, as _pro domina veritate_) for the power of the queen as for the power of truth.
Mr. Sidney made a strong and legal defence. He insisted that all the words in the book contained no more than general speculations on the principles of government, free for any man to write down; especially since the same are written in the parliament rolls and in the statute laws.