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A63182 The triall of Mr. John Gibbons, in Westminster-Hall, before the High-Court of Justice, beginning July 18. 1651 Gibbons, John, d. 1651. 1652 (1652) Wing T2200A; ESTC R203889 21,228 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
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