Standen John Worth John Rigby Leonard Staples And several Witnesses being called there appeared William Hill Edward Riggâ— Tyler Godolphin Bonfoy and several others who being all sworn were directed up to the Grand-Jury After some hours examination of the Witnesses and consultation the Grand-Jury returned the Indictment Billa vera Clerk of the Peace You good men of the City of London summoned to appear here this day to enquire between our Soveraign Lord the King and the Prisoners that are and shall be at the Bar answer to your Names as you shall be called every one at their first Call upon pain and peril that shall fall thereon Good men of the Ward of c. Serjeant Glyn Sergeant Maynard His Majesties Serjeants at Law Sir Jeoffry Palmer Attorney-General Sir Heneage Finch His Majesties Sollicitor Serjeant Keeling His Majesties Serjeant Sir Edward Turnor taking their places in Court the Prisoners were commanded to be set to the Bar. Clerk of the Peace Thomas Tonge hold up thy hand George Phillips hold up thy hand Francis Stubbs hold up thy hand James Hinde hold up thy hand John Sallers hold up thy hand and Nathaniel Gibbs hold up thy hand Which they severally doing their Indictment was read the substance whereof is as followeth viz. YOU the Prisoners that were last called to the Bar stand Indicted in London by the Names of Thomas Tonge late of London Distiller George Phillips late of London Yeoman Francis Stubbs late of London Cheese-monger James Hind late of London Gunner John Sallers late of London Compass-maker and Nathaniel Gibbs late of London Felt-maker for that you six together with divers others particularly in the Indictment mentioned and others not yet taken as false Traytors to the Illustrious Serene and most Excellent Prince Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. minding and with all their force intending the Peace and Tranquillity of this Kingdom of England to disturb and our said Soveraign Lord the King to death and final destruction to bring and put the 31. day of October in the Fourteenth year of the Reign of our said Soveraign Lord King Charles the Second Traiterously did compass imagine and Intend the killing of our said Soveraign Lord the King and the antient Government of this Kingdom of England to change as in the Indictment more particularly was mentioned What sayest thou Thomas Tonge art thou guilty of this High-Treason in manner and form as thou standest Indicted or not guilty Tonge Not guilty Clerk How wilt thou be Tryed Tonge By God and my Countrey Clerk What sayest thou George Phillips art thou guilty c. Phill. I am guilty in hearing and not discovering of it Clerk Art thou guilty of this High-Treason whereof thou standect Indicted Phill. I am guilty but not in manner and form as I stand Indicted I have heard the words as I formely confessed to Sir Richard Brown not guilty as to the manner and form Clerk How wilt thou be Tryed Phill. By God and my Countrey Clerk How sayest thou Francis Stubbs art thou guilty c. Stub Not guilty Clerk How wilt thou be Tryed Stub By God and my Countrey Clerk What sayest thou James Hind art thou guilty c. Hind kneeling down and discovering much penitency answered I am guilty and humbly beg mercy of His Majesty Court Record his Confession Clerk How sayest thou John Sallers art thou guilty c. Sall. Not guilty Clerk How wilt thou be Tryed Sall. By God and the Countrey Clerk How sayest thou Nathaniel Gibbs art thou guilty c. Gibbs Not guilty Cler. How wilt thou be Tryed Gibbs By God and the Countrey Court Carry up Hind to the Gaole And the rest standing at the Bar silence was commanded Cler. Thomas Tonge George Phillips Francis Stubbs John Sallers and Nathaniel Gibbs You the Prisoners that were last called to the Bar those men that you shall hear called are to pass upon Tryal for your several Lives and Deaths if you or any of you will challenge them or any of them you must challenge them when they come to the Book to be Sworn before they be Sworn Edmond Butler Tonge I challenge him but afterwards admitted him Clerk Edmund Butler Clement Punge George Dixon Samuel Pain John Bagnal John Gourney William Gayler Ralph Silverton William Dudley Joseph Drake John Peake and Robert Morrice were severally Sworn in this manner Lay your hand on the Book look upon the Prisoners You shall well and truly try and true deliverance make between our Soveraign Lord the King and the Prisoners at the Bar whom you shall have in charge according to your Evidence So help you God Clerk Count these Cryer Edmond Butler Cryer one Clement Punge two c. Twelve good men and true stand together and hear your Evidence Clerk Cryer make Proclamation Cryer O Yes If any one can inform my Lords the Kings Justices the Kings Serjeants or the Kings Attorney before this Inquest be taken let them come forth and they shall be heard for now the Prisoners stand at the Bar upon their Deliverance and all others that are bound by Recognizance to give Evidence against any of the Prisoners at the Bar come forth and give Evidence or else you forfeit your Recognizance and all manner of persons that were summoned upon the Jury and have not yet been Sworn they are discharged and may depart the Court. Clerk Tho. Tonge Hold up thy Hand and so to the rest of them at the Bar. You of the Jury Look upon the Prisoners and hearken to their Cause you shall understand that they stand Indicted in London by the Names of Tho. Tonge late of c. and so as in the Indictment aforementioned who together with James Hind who stands Convicted by his own Confession and the rest also aforementioned and so reads the Indictment again Upon which Indictment they have been Arraigned thereunto have severally pleaded Not guilty for their Trial have put themselves upon God the Countrey which Countrey you are Your Charge is to enquire whether they be guilty of the High-Treason in manner and form as they stand Indicted or not guilty If you find that they or any of them are guilty you shall enquire what Goods Chattels Lands and Tenements they or any of them had at the time of committing the said Treason or at any time sithence If you find that they are not guilty you shall enquire whether they or any of them did flee for it if you find that they fled for it you shall enquire of their Goods and Chattels c. as if you had found them guilty If you find that they are not guilty nor that they did flee say so and no more and hear your Evidence Sir Edw. Turner MAy it please your Lordships and you Gentlemen that are Sworn of this Jury the Five Prisoners at the Bar by the names of T. Tonge G. Phillips F. Stubbs
all rise by that Letter saies I call the Eternal God to witness that this is no Trepan but a sober Truth Do you think that men who are not ashamed to call the Eternal God to witness to a Lye when 't is to raise Sedition will make any scruple at such protestations at the Bar when 't is to save their lives and if a man may scape by his own protestation who shall ever be found guilty But Gibbs thinks he says a great deal for himself when he says his Neighbours can give great testimony of his good Conversation Alas who will deny to give a good report of a man till he hear evil proved against him But do you think a little demure and sober carriage amongst a mans Neighbours will serve to ballance an Evidence of High-Treason Is not the proof clear that he did both know the Design and approve it Mark what Gibbs tells the company My brother saith he for his part he will not speak before you but if you be honest men this is the News that was spoke like one that was not consenting to it well then what is the News he tells them why the Council of Six are broke up Friday is the day of Action Ludlow is to be General Can any man be privy to these things and relate them so cheerfully and yet not be consenting believe it it is a hard matter to find greater evidence of a knowledge and consent against any Conspirator until he break out into open action Sallers he says that the Witnesses do not agree for Mr. Hill speaks that he said there was Five hundred Arms delivered and Forty men went without Arms but within two or three days there would be more and when Riggs comes to speak he says he did say Arms were delivered and more would be but he did not remember what number and because they agree in the thing but not in the number therefore he thinks they disagree in the matter Observe what reason was there that Riggs comes to enquire of Sallers for Arms because Sallers told him the day before Arms were delivered and more would be he thought therefore he came to a very proper person to tell him If you mark Sallers does deny openly in the Court that ever he saw the face of Hill till he was apprehended although Hill was with Riggs when the Arms were spoken of upon the Exchange And then he says again that Hill speaks by hear-say he is out in that too for Mr. Hill swears expresly he heard the words themselves from Sallers Then here are these before you four witnesses against Tonge two against Phillips and his own confession here is two against Gibbs with these circumstances If you be honest men this is the news c. Here are two Witnesses likewise against Stubbs who was likewise present at all their Debates even when the King himself was to have had the same quarter with Ludlow Now Gentlemen that there was a Conspiracy I think you have a clear Evidence we may thank God and the care of the King and his Ministers that it went no further but 't is no thanks to these men they would have carried it to the extremity had they had power and with out question this was formed by other kind of wits than these poor contemptible Agitators who are now tryed for it You see there was a Council of Forty and an under-Council of Six a Declaration framed to scatter at the time of Action and that Action directed to be both in the City and Country just in effect at the same pitch of time and that it might be so a wicked and an imdent Letter is contrived and many thousand Copies dispersed and it wrought so far that the Countries much about the time appointed were in great disorder as you have heard it proved Is it not plain that an evil spirit went throughout the whole Nation and animated the whole party of Malecontents most evidently it was a terrible Conspiracy Gentlemen 't is true it is a question of Blood but 't is Royal Blood 't is the Blood of Princes and Nobles and it concerns the peace and security of the Kingdom and every mans propriety and of Religion for they had left no man of Conscience or Reputation behind if they had prevailed Consider the Massacre these men would have committed had they prospered and oppose that to the pretended Massacre which they gave out by their Letter the Papists would have committed Consider that you have the life of the King in your hands and I doubt not but he and the whole Kingdom shall always be safe in the Verdict of honest men Sir Robert Foster My Masters of the Jury I cannot speak long to you you understand the nature of this business such as I think you have not had the like president in your time My speech will not give me leave to discourse of it for the Witnesses they are none but such as may satisfy all honest men it is clear they all agreed to subvert the Government to destroy his Majesty what can you have more two of the witnesses are without exception but I do not see any way but their testimony is good For the parties they in themselves are very inconsiderable these are but the out-boughs and if such fellows are not met withal these kind of people are the fittest instruments to set up a Jack-straw and a Wat-Tyler therefore you must lop off these or else they will encourage others You see one of their own company hath confessed the Fact out of remorse of his own conscience But I leave the Evidence to you Go together Officer was Sworn to keep the Jury The Jury withdrawed and after an hours Consultation the Jury returned Silence was commanded and James Hind fetcht from the Goal to the Bar. Clerk of the Peace Gentlemen answer to your names Edmund Butler Clement Pung and the rest of the Jury before mentioned are you all agreed of your Verdict Jury Yes Clerk of the Peace Who shall say for you Jury The Foreman Clerk of the Peace Set up Thomas Tonge to the Bar. Thomas Tonge hold up thy hand Look upon him Masters how say you is he guilty of the Treason whereof he stands Indicted or not guilty Jury Guilty Clerk of Newgate Look to him keeper Clerk of the Peace What Goods and Chattels Jury None Clerk of the Peace George Phillips to the Bar How say you is he guilty of the Treason whereof he stands indicted or not guilty Jury Guilty Clerk of Newgate Look to him keeper Clerk of the Peace What goods and chattels Jury None Clerk of the Peace Francis Stubbs to the Bar How say you is he guilty of the high Treason whereof he stands indicted or not guilty Jury Guilty Clerk of Newgate Look to him Keeper Clerk of the Peace What goods and chattels Jury None Clerk of the Peace John Sallers to the Bar How say you is he guilty of the high Treason whereof he
afraid I will not speak any evil of them Magistracy is an Ordinance of God and the end of Magistracy is for the punishment of evil-doers and the praise of them that do well and for this purpose I do desire that the Lord will give to the supreme Magistrate here on earth wisdom and understanding a wise Council a Council fearing God and hating covetousness that they may study to exalt the Throne of the King in righteousness and truth O that we may all praise the Lord for deliverance out of condemnation and I say it is the duty of all the Subjects of the Kings Majesty in all his Kingdoms and Dominions to live peaceably and to pray for the Kings Majesty Prayers and intercessions ought to be made for all men especially for Kings and Governours for this very end and purpose that thereby we may live in all quietness godliness honesty and justice and to this very end the Lord bless our Magistracy give them Counsel and Wisdom that they may love them that love the Lord and hate them that hate the Lord. After Gibbs had done speaking then Stubbs began who went over all the particulars of his Tryal at large to which for brevities sake we refer you only saith he as followeth Friends and Country-men IT is true and I must confess my sin in the presence of God and did ask mercy of the King that I was in the company when I did hear wicked and Treasonable words spoken and I being ignorant and not knowing the Law did not discover what I did hear As to my Judgment truly I desire to own what the Scriptures own I shall speak of that place in the Hebrews which is the command of Christ I desire the Churches and people every one to live the life of Faith and love one another I am confident it would be a means of abundance of comfort here in the Nation there is a kind of heart-burning and rising one against another you are so and so throw dirt one against the other it is our and your duty still to be studying to live in love and bear with one another not be angry destroy and fight one with another O that we might live that life of love that God has commanded then we may expect the presence of God to be with us surely God hath a great Judgment against his own people for not loving one another Phillips Mr. Sheriff I Have only one word to speak before I go to my Prayers that is Here I see some Gentlemen present that are in the capacity that I was in as a Souldier I say be faithful to your trust and beg of God that you may stand fast and not dishonour God nor be disobedient to the King when the Fifth-monarchy-men were up I was free and willing to lay down my life for the interest of the Nation and did venture as much as any young man in London Therefore good friends have a care I am now brought to suffer it is true I was guilty of concealing it I desire your Prayers that now as we are going to the State of Eternity from whence there is no redemption I humbly beseech you as Christians and friends that you would seek earnestly to God that now he may receive our souls into everlasting rest and happiness which he has been pleased to bestow on them that love him and fear him and the Lord knows my heart I speak it in his presence that had the King been pleased to shew mercy to me I should have been a faithful and true Subject to him all my days but seeing it is the righteous hand of God that now I am come to this untimely death I desire you to lift up your Hearts and Souls to God with me that when my soul shall leave this body that the Lord Jesus Christ may with his everlasting arms receive me to glory There is no redemption after death we shall either go to eternal woe or eternal happiness therefore good friends I desire you to look up to God that when my Soul departs it may be received to glory Mr. Phillips his Prayer O Eternal Lord God thou that art the great Creator of Mankind and thou that formedst him in the womb hear thy poor and sinful creature now he is coming to make his last approaches to thy Throne O that thou wouldst be pleased to look down in mercy upon my Soul O Lord that thou wouldst be pleased now to take my soul and wash it and hath it in the blood of Jesus Christ who hath died and risen again for me O that now I could see the heavens opened and Jesus Christ ready to receive my soul Be pleased O Lord to look upon me in thy tender mercy and compassion and as thou hast said thou dost not delight in the death of a sinner therefore good Lord look down upon my poor soul and receive me into the everlasting mansions which Jesus Christ is gone before to prepare for all them that love thee O Lord we are now going I hope to an estate of happiness where we shall sin and sorrow no more but where we shall ever reign with Jesus Christ O Lord had we not some hopes had we not some sight of the Lord Jesus Christ made known to our souls we durst not appear before thee this day we durst not stand before thee in thy presence O that thou wouldest more and more manifest thy gracious presence with me that thou wouldest uphold me to take the bitter cup and drink it freely O Lord I desire to come unto thee I have been a great sinner before thee but Jesus Christ has died is risen and is now at the right hand of his Father making intercession for us And good Lord as thou hast commanded us to come unto thee and to believe in thee and hast said thou wilt in no wise cast off the soul that comes unto thee in confidence of that hope I desire to fix my soul upon thee before I go hence and be no more Bow down the heavens O Lord and hear the request of the poor soul before thee and I beseech thee for Christ his sake as thou wouldst forgive me so freely forgive all that have done evil against me Be pleased to let the Kings Majesty reign in righteousness and holiness put a spirit of power and might in his soul and let him see wherein the stability of his Crown lies in following Righteousness and Justice and Judgment and preserving of that Truth that is made known to him out of the book of the Lord. Come down Lord to his soul and let him see wherein is his hope and O that he may at last liâ—e and reign with Jesus Christ for evermore Good Lord look upon me I am coming unto thee these are my last words O that thou wouldest be pleased to receive us this day that we may dine with thee in Paradise make known thy everlasting kindness to my soul before I go hence