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A63182
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The triall of Mr. John Gibbons, in Westminster-Hall, before the High-Court of Justice, beginning July 18. 1651
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Gibbons, John, d. 1651.
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1652
(1652)
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Wing T2200A; ESTC R203889
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21,228
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22
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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
and positively sworne against by severall other of the Witnesses none but he doth say that I was present at the reading of any Letters of the Fight at Dunbar nor none but Adams sayth I was present at M. Loves house when any monies was debated nor none but Adams sayth I was a constant man at Meetings thatever I invited any to a Meeting I hope your Lordship and the Court will consider that though there are ten Witnesses produced against me besides severall questions asked Capt. Potter at the Bar concerning me yet many of them neither said nor swore any thing that touched me at all and of those that doe reach me in their Tâ—stimony not any two did agree in proving the same Fact As concerning the particular Tâ—stimony of M. Harvey unto which no one Witness but himself either say or swore the least tittle of it to be true being struck with wonder and amazed to hear these things given in against me which mâ— heart never thouvht noâ— my tongue never spake I doe both befâ—re your Lordship and this High Court and the presence of all the people lay it before the righteous God to plead my Cause and judge between me a Prisoner at Bar and M. Harvey that falsly accused me I did further desire that this Appeal might be set upon Record and meet me before the Tribunall seat of Christ and that both your Lordship and them that sit in this Honourable Court might follow this my Appeal to the Judgement Seat and there witnesse it before the presence of the Lord against me when I am pâ—eading for mercy if ever I spake or heard these things which he hath accused me of My Lord I shall go further and did offer unto the Court that if in all England they could find a man that would say any of these things M. Harvey accused me of then I said more particularly if any whom I had most frequently convers'd withall or any of those that kept my company would say they ever heard me say any of these words the next time I came before this honourable Court I would come and plead Guilty And I doe now say if it please your Lordship and the Court to give me time I shall be able to produce Witnesses I shall make it appear M. Harvey is as unfit to be a Witnesse in any Court of Record as he was unfit to be a Justice of Peace in Essex where he was Indicted for many and notorious offences If I might have time I should produce witnesses that M. Harvey was the Originall reporter of some of those things he accused me of And concerning Major Corbets Testimony I know little in it but that I shall call God to witnesse I knew not Mason I did then in the face of the Court declare how much he had wronged me for that I had acquainted the Committee who examined me that I both knew Mason and told them the place and how I came to know him besides there is a Copy of my Examination abroad that doth confirm the same that Corbet came to me more like a Murtherer then like a Christian and because I did call God to witnesse against these untruths he charged me withall he did in effect judge my Soul to the Devill and my Body to the Gallowes and so he left For which unchristian carriage of his I both complained to M. Price Clarke to the Warden in the Fleet my Keeper and some others My Lord I am charged with being a Solicitor and represented as a man that had nothing else to do but follow such businesses as here I am accused of which is a life so unlike an English man and so ill-becoming a Christian that I have all the dayes of my life walked a contrary course if it were necessary multitudes of Witnesses will testifie the same for me I was entertained by my Master to waite upon him in his Chamber after he was gone to the House I had constant occasions to go into the City either to lay out pay or receive Money so much experience had I gained as I entred upon a Merchants Trade dealt with many and severall merchantable CoÌ„modities having a wife children then living that was the Trade I resolved to follow My Wife dying I went over to France some little time after with my Master and carried many Merchantable Commodities with me where I found library to encrease my experience my Master returning to England where he stayed not a year but we 〈◊〉 back again into France I was left behind to wait upon my Lady my imployment in my Ladies service is sufficiently known to be such as daily lead me to go into the City the 19th of July 1650. my Lady went from the City there was a necessity one man she must leave behind in London which fell to my portion and my businesses called me daily into the City sometimes to go to Councell sometimes to shew Bills of Exchange sometimes to pay Monies sometimes to lay out Money and buy severall things which both my Master and Lady did daily send for to me there was some Letters that came constantly every week from my Lady some out of France to one M. Charboners whose house was in Tower-street I missing these Letters often on the Monday went on the Tuesday for them which was the day that we met at the Club which was the main reason of my being so constantly there where I met for no other end then to see the faces of my Friends and to discourse of the Newes of the Town most of what ever I heard there discoursed on I found in the printed Books nothing doe I know was ever said or done there prejudiciall to the State but since it is looked upon as a Crime I would I had never come there Concerning my Master were it necessary I would here make a Declaration that he never left me to do any businesse but to wait upon his Lady and to provide buy and send those things into France that were necessary for him For Letters I never received any from him but such as might have lookt all the world in the face neither think I I need say much to clear this for that the State have seen most of those Letters that my Master sent before they ever came to my hands My Lord this is all I can say being unwilling to trouble the Court any longer but must declare how much I am amazed to be Indicted by so high a Charge of Treason as I dare say never lookt any such man as I am in my condition in the face till now and doe fully perswade my self that your Lordship will rather pity my ignorance and sad condition then look upon me as a man either fit for Plots or any such matter I am Charged with I doe protest that if I would make a Declaration of every Act I have done of every Word I have said of every line I have Written I never knew it came up to the