THE TRIALL OF Mr. JOHN GIBBONS In Westminster-Hall before the High-Court of Justice beginning July 18. 1651. HAB. 1. VER. 13. Thou art of purer eyes then to behold Evil and canst not look on Iniquity wherefore lookest thou upon them that deal treacherously and holdest thy tongue when the wicked deavoureth the man that is more righteous then he ECCLES. 7. VER. 15. There is a just man that perisheth in his righteousnesse and there is a wicked man that prolongeth his life in his wickednesse LONDON Printed in the Year 1652. To the Reader HE who while he readeth taketh notice that these Notes being taken from the Prisoner in taking them from his Notary and that the Copy of his Charge and of the Deposition of the Witnesses and the help of a Councell at Law which had been granted to others which was frequently and with all earnestnesse pleaded for and pressed by him were flatly and peremptorily denyed shall rather wonder that so much of their unjust and illegall proceedings hath come to light then be offended that this Narration collected out of his own seattered Papers cometh abroad imperfect read therein the meeknesse cheerfulnesse and constancy of the Innocent condemned the malice iniquity and obstinacy of the cruel Persecutors bear with the defects in the relation at least let them run upon that reckoning who are accountable for his Bloud Be ye followers of the Faith and patience of him who having endured the triall hath received the crown of Life which the righteous Lord hath promised to them that love him Beware of the wolves of the evening that walk in sheeps clothing not sparing the Flock and the Lord of all grace who hath called us unto his eternall glory by Christ Jesus after ye have suffered make ye perfect establish strengthen settle you to him be Glory for ever and ever Amen THE TRIALL OF Mr. JOHN GIBBONS c. Friday the first day Potter and he were both brought to the Barre together POTTERS Charge was first read unto which he pleaded Guilty and made a large Narrative of all his Crimes against the State very much was he examined against Master Gibbons but no hurt at all he did him after they had done with him the Charge of Master Gibbons was read which when he heard he spake in this manner Gibbons My Lord this Charge is very new to me I have been a Prisoner under close Imprisonment for many weeks together and never knew before this time what it was in particular that was laid to my Charge And now I doe hear my particular Accusation it is so strange to me that I doe not know what to say to it at the first hearing therefore I humbly beseech your Lordship that I may hear it read again Attorney Generall My Lord Master Gibbons heard Potters Charge read which was very like to his own so he hath heard it twice already however my Lord he may hear it read again for he may hear it thrice Keeble Come let him read it again he is a young man let him have what favour he may have mark it well now you hear it again After reading Master Gibbons spake in this manner Gibbons My Lord I am brought hither by an Order of this Court which Order mentions a Charge of Treason exhibited against me I should betray the Liberty I am born unto If I should not desire a Triall according to the fundamentall Laws of this Nation which is by a Jury of my Neighbour-hood the benefits and advantages are exceeding great therefore I doe earnestly crave to have them Keeble The State have thought of another way of Triall which you you must have and submit to this is best for your advantage and more honourable then any other you can have therefore you must plead Guilty or not Guilty Gibbons My Lord I shall never be so prodigall of my Bloud as to throw away my Life by refusing a Triall before you though I am not satisfied in this new way of Triall yet I shall not refuse to plead in confidence of my own Innocency and in hope of your tendernesse in matters of Bloud But before I Plead and Answer to my Charge I have this humble motion to make Here he spake very much on the first day of his Triall moving very much for Councell but after he had used many Arguments to perswade the Court to incline to it and could not have it he desired the Court to be the Councell for him and take care of his Life and not suffer him by his own ignorance to weave a web for his own ruine and destruction After much said of this nature he pleaded not Guilty the which being entred in the Book they proceeded to the Triall Attorney General The Attorney Generall began with a long speech how Master Gibbons had plotted and contrived these Treasons named the Meetings and the places where he said it began presently after the late Kings death under the pretence of getting the King to Scotland but the truth was they intended to settle him upon this Common-wealth And further that he the said John Gibbon as a false Traitour and out of a malitious and wicked purpose and designe to raise insurrections in this Nation did severall dayes and times in the years 1648 49 50 and 51. and at divers other times and places within this Common-wealth together with Chistopher Love Piercy Jermin Massey c. and other their Complices being false Traytours to this Common-wealth trayterously and malitiously Complot Contrive and endeavour to raise Forces against this Common-wealth settled in way of a free State without King or House of Lords and for the subversion of the same did raise and collect divers great summes of Money and did hold intelligence by Letters Messages and Instructions with CHARLES STUART sonne of the late King and with the Queen his Mother and divers other persons being false Traitours to this Common-wealth And further he the said John Gibbons together with Christopher Love William Drake Peircy Jermin c. and other their Complices since the death of the late King severall dayes and times in the years aforesaid within this Common-wealth of England and elsewhere did traiterously and malitiously declare publish and promote CHARLES STUART son of the late King commonly called the Prince of Wales to be King of England meaning of this Common-wealth And further to carry on the said Designe he the said John Gibbons severall days and times in the respective years afore-said together with Christopher Love William Drake Peircy c. did endeavour to procure the Scots to invade this Common-wealth of England And further that he the said John Gibbon on the 6th of Aprill 1650. and on divers other dayes and times between the 29th day of March 1650. and the first day of June 1651. at London and elsewhere did give use and hold correspondence with the said CHARLS STUART son of the late King and the Queen his Mother Jermin Peircy c. And further to
border of Treason what ever is laid to my Charge And whereas Major Adams charges me of being at severall meetings presently after the late Kings death I did not see them not nine months after the death of the King And after I came acquainted with Alford and all that ever he layes to my Charge is going down to Gravesend but he did not say whether he or I carried the Commissions or Letters he speaks of it is hard for me to remember what the discourse was a year and half since but I dare say he doth most falsly charge me that I should bid him shew kindnesse to Mason that so he might represent the Presbyterian Party considerable to the King and that I should bid him disburse some Money and pay all the Charges and if it was not paid him by the Company again I would this to the best of my remembrance is all false Capt. Far who is another of the Witnesses who went along with me and Alford did declare it in the face of the Court that he knew no such thing and that Major Alford was the man that invited him to Gravesend and so I doe protest he did me or else I had never gone For Letters I doe not remember that ever I touched any nor did Major Alford in the least swear positively I did onely he saith either he or I did deliver them Alford doth not swear that ever I wrote that ever I saw them open or ever heard them read All this my Lord was done above a year and half ago and I hope if there shall be any thing found done amisse in that Journy the Acts will clear me for that it is said if a man be not Indicted within a year he is not to be Arraigned or questioned All that Maj. Huntington says is He saw me at Master Loves when the Instructions were read but whether I heard them he could not swear but he saw me go out of one room into another and since he sayes I met him in the street and asked him if he would not go to M. Loves to hear Newes and when we came there after Prayer half an hour Will Drake pulled a Letter out of his Pocket neither swore he what it was nor that I heard it read My Lord upon the whole I do say among all the ten Witnesses there is not one that doth say or swear that ever I wrote Letter sent Letter or received Letter that ever I collected Money paid Money or received Money or that ever I discoursed any thing prejudiciall to the State not any one Witnesse doth say any one thing to my Charge done for more then this year and half besides Major Adams and all that ever he swears is being present at Letters read he neither sayes I heard them or ever discoursed any thing concerning them So my Lord except it be one single Witness there is nothing laid to my Charge done this year and half so my Lord the utmost that the whole proof against me doth amount unto is but hearing of Letters read at the second hand and all this but in the utmost were but misprision of Treason if fully proved but being but one single Witnesse to swear this I cannot imagine it will ever hurt me For Potter Jekell Far or Alford who knew as much by me as Adams did not say any such thing and all that Adams did say is but hearing of Letters he doth not say that ever I sent means to the King though I never did this yet I have weakned my self and opened my purse to help the State About the time the Kings Scots were agreed I furnished my Brother with a considerable sum of money and sent him into Ireland to doe the States service where he gained a Command under my Lord and did very good service for the State My Lord had I ever such a mind to the War in Scotland I could have sent my Brother thither and not into Ireland Thus my Lord I have gone as far as I can in making my appeal to the Court being utterly unable to make any defence I do hope there wil be no advantange taken by my Ignorance but you will be pleased to take my condition into your consideration and yet grant me both time and Councell and give me a Copy of my Charge and the depositions of the Witnesses which is no more favour then was allowed to the Archbishop of Canterbury and Deputy of Ireland I crave leave of your Lordship and the Court that I may not suffer for want of experience nor that my ignorance may be made use of to work my ruine and destruction From my youth I have studied the Scripture but never have studied the Lawes in my life and therefore all that I have to help my self with is from the Scripture where I find that ignorance hath constantly the Plea at the Bar of Heaven and so I am certain should have at the Bars of all the Courts of Justice Abimelech that committed a very great sin in taking another mans wife from him he pleaded his integrity and God did spare him because he knew it not God hath alwayes been wonderfull tender of the life of a man and that in the time of the most strictest Lawes so much care did he take to preserve the life of man that he provided Cities of refuge to flie unto if any killed a man by accident or unawares Murther is a great crying sin yet were it done unawares God made a City of refuge to flie unto that the man might be safe out of danger of the revenger My Lord whatsoever I have done amiss I do profess it is out of ignorance I never knew I broke any of the Acts of Parl. nor that I offended the Laws of England therefore I hope my ignorance shall have the plea at your Bar as I am sure it shall have at the Bar of God I have often heard that the Law of England is the Law of Mercy and that there is no Law in the world looks with more tenderness and compassion upon a mans life therefore I say as David concerning the sword of Goliah There is none like that give it me the same I do say this day no Law is like to our English Laws therefore let me enjoy thē I know the benefits advantages hereby is wonderful great I do verily believe I am before a Court that are fully perswaded that the strict-beholding eye of God looks upon them and beholds all your intentions and the thoughts of your heart towards me and sees whether you do deny me any help or advantage that may save my life Therefore I earnestly beseech your Lordship and this Honourable Court to look upon the Laws of England and see whether there be not some helps some City of refuge to flie unto where I may be out of danger of all that I am here charged with My Lord this is the first time that ever I was brought upon a
find me after all this sifting and trying what was it he got out nothing but the hearing of Letters read which none but himself Swears My Lord all that I have to say is to desire both your Lordship and this Court to consider with what great aggravation the Attorney Gen. did multiply and aggravate against me beyond all that ever the Witnesses said leaving out all what might serve for my advantage My Lord how the attor. General could bring Major Alford and Major Adams together and so make them double witnesses against me that is not possible for me or any man else to understand First what Adams sayes is concerning of my bringing in of the rough draught of Instructions which I wholly deny and so do all the Witnesses that came after him to the best of my remembrance and some of them sware positively that Drake brought it in none but himself says that I brought it in to testifie unto this Major Alford sayes nothing but all that he sayes is That I went down to Gravesend with him and did not say or swear that I either carried the Instructions or delivered them or that ever I heard them read all that he can say is that I went with them but whether he or I delivered them that he cannot tell He speaks of some discourse concerning shewing of kindnesse to Mason it being a year and half ago I am not able to charge my self with what I said then but dare say he hath falsly accused me what Major Alford sayes more is onely that I should bring them to Masons Chamber in the Strand delivered not nor sayes that we had any discourse at all but took our leaves and came away presently another time said Alford I brought Mason to Titus to M. Wâ—itarrs a Book-sellers and that Mason and Titus went up to the Chamber where they had private discourse together he did not say that I went up to the Chamber or heard or knew any thing what their discourse was Now my Lord I hope by this time both your Lordship and the Court are satisfied what slender testimony there is against me First my Lord I was never heard of tilâ— I camâ— to Gravesend with 〈◊〉 Alford only something that Major Adams says of mâ— meâ—ting at the Swan which all the other Witnessâ—s doth acquit and clear me from Now my Lord to what Major Alford saith is nothing but giving a viâ—it to Titus and Mason which I hope will never be thought any crime for that neither of them both were declared Enemies to the State and therefore certainly it could be no hurt for me to see them And besidâ—s what ever Major Alford charges me withall is a year and half since therefore am acquitted by your own Acts So that it cannot enter into my thâ—ughts by what Act of Parliâ—mâ—nt or Law you can passe any Sentence against me For all that ever is laid to my Charge done within this year is nothing but hearing of Letters read which not any one but Major Adams say s and he neither saith what these Letters were and that ever I discoursed or said any thing concerning them Thus my Lord you see there is but one single Witnesse throughout My Lord I waited upon a Gentleman that led me to 2 or 3 Meetings by which means I gained a nearer acquaintance which now proves part of my unhappinesse seeing it is become a crime to meet Friends at the Club and other places and hear Letters and other News read which is all that I am Charged with My Lord I hope I am before a Court that doth consider that all those days works will be judged over again therefore I cannot imagine that any Court of Justice in the world will proceed to Sentence upon so slender a Testimony that lies before you but that you will rather allow me those helps that may enable me to end the difference that is betwixt the State and me that is to let me have a Copie of my Charge the deposition of the Witnesses and Councell assigned me without which it is as impossible to defend my self as for a little child to encounter an Armed man with a drawn Sword in his hand My Lord I have no more to say but shall submit to God whatsoever comes and as I said before so I say again I do freely forgive the Witnesses but do desire that the Court will not proceed upon so slight and slender Testimonies which never can nor will hold water in the sight of God or Law Keeble M. Gibbons most of what you have said now you said before only you made some little addition the Court hath debated your business and Life with as much care as if you were the greatest Noble man in England and upon the debate they are perswaded in their Consciences that you deserve to be Sentenced Attor Gen. My Lord M. Gibbons pleads for his Life and I for Justice in the befalf of the Common-wealth therefore I desire you will proceed to Sentence according to the Judgement of the Court Whereupon Sentence was read After that all the whole Charge was read and M. Gibbons Sentenced as a False Traytor to return to that place from whence he came so to suffer death by having his Head severed from his Body After Sentence Keeble spake in this manner M. Gibbons you having nothing to doe but to prepare your self for God you have a great acquaintance among the Ministers you should do very well to send for them and reveal what you know and so do the State what good you can before you die Keeble Have you any thing more to say But M. Gibbons said not one word more but took his leave of the Court humbly bowing to them and after that he bowed to the Attorney Generall and took his leave of him and so came down the Staires with abundance of cheerfulnesse speaking to his friends and shaking them by the hands And in this manner he went along the Hall untill he took Coach to go to prison Were we but able to give the world account of these three dayes Triall that M. Gibbons had with what scorn and provocations the Attorney Generall did all along carry himself and how much he was dis-inabled by taking away his Papers and all other things whereby he should make his defence and now at last receive the Sentence of Death upon such a Testimony as very few or none are satisfied with that heard the Triall were it all published to the world I dare say such hard measure and dealing and so severe a Triall was never known upon English ground A relation how Master Gibbons was cheated of two hundred pounds by Smith Under-keeper at Newgate and Dyke his Master who invited him to make his escape and agreed with him for the aforesaid summe to conduct him safe away and thereafter basely betrayed him take the words as they were less in writing by M. Gibbons himself with his own hand A true relation how I was invited to escape out of Prison by Smith who with his Master Dyke agreed most cruelly to betray and cozen me of two hundred pounds UPon Wednesday night I called up Smith to pay him two shillings I had a 20s piece in my hand let me see it said Smith when he had it I told him I did not care if I gave 200 of these for my Liberty said Smith I was offered 300. I told him it was the first time I heard it Smith came up again to my Chamber about one of the clock upon Thursday morning and when he had awakned me out of my sleep was very earnest to perswade me to be gone if I would give a 100 in hand and promise another he would let me goe I told him I would rather die my self then either wrong him or his Master he said it could be no wrong to neither Here he told me a long story of one Wharton over the Gallery by the great yard I told him there were some friends of mine were looking over and said I might get away by that Gallery I told them I never meant to try for indeed I did abhor to make such an escape or to break prison to hurt any person But M. Smith still following me with perswasions and fully awakning me out of my sleep told me he would let me out of the Gate and did give me assurance it would neither hurt him nor his Master At last I did advise and concluded that if I did not accept of such a fair call and free offer I might become guilty of my own death So at last I concluded to give him a 100l and writ him a Note for another 100. Smith having got my 100l seemed very carefull to have me alter my habit and told me that with some difficulty he had sent his wife away and therefore bad me prepare to be gone he went down before me to see that the yard was clear and when he had made some search he let me out of the Gate where by his appointment stood Dyke and another man with Smiths wife ready to receive me who presently called me by my name brought me in again and kept my 100l from me and that same night Dyke went down to acquaint the Councell of State Now I appeal to all whether such cruelty was ever practiced as Dyke and Smith have done upon me a dying man It was resolved to go quickly to the Scaffold but Dyke and his man as if they intended to gratifie the Devil useth all possible means to take off my thoughts of dying by prescribing a way to be gone which Smith entreated me to accept of and offered to go along with me himself when I did not accept of then Smith told me a long narration how he would answer the Councell of State how impossible it was to prove any thing against him and that he knew his Master could receive no hurt nor he neither And that he did verily believe the Councell of State and his Master both would be glad if I were gone I do forgive both Dyke and his man but I fear the Lord will make a sad reckoning with them both remember the words of a dying man and mark their end and blesse God when I am dead for his goodnesse towards me for all this is so far from unfitting me that it makes me the more willing to leave the world blessed be God I am going from such a Generation FINIS