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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
in other men into the Club M. Gibbons was as little absent as any man M. Gibbons did put me upon it to shew friendship to M. Mason and he gave me this reason That so M. Mason might represent our good affections to the King and M. Gibbons did desire me to defray the Charges of that nights Expences at Gravesend where M. Mason was telling me that if I were not allowed it by our Friends he would doe it Master Harvey his Testimony I came to the knowledge of this Designe at severall meetings and places M. Gibbons told me of 2000l wch was to be sent into Scotland and that Massey was to land Forces in the West and concerning my Lord Generals Souldiers that many of them were run away and concerning the Trained Bands of the North he said they waited but for one blow to be given in Scotland he told me also of a Town that was to be delivered Major Huntingtons Testimony The first that made me acquainted with this Designe was M. Gibbons who told me that if I would come to M. Loves house I should hear the Newes I went to M. Loves and when I came there that which I heard was a Paper sent from Massey Graves and Titus brought by Drake and read by him M. Gibbons was there then there was many more there in M. Loves Closet but I cannot say well who they were The Testimonies of the rest of the Witnesses could not be well heard neither can they be had the Books being so close kept After all was ended M. Keeble desired Master Gibbons to speak for himself Gib My Lord I have now stood here neer 5 hours and am both spent in my body and spirit and that I am as unable in body to speak for my self as I am disabled to make my defence without the Court grant me time a Copie of my Charge the depositions of the Witnesses assigne me Councell And therefore before I plead or answer to my Charge I have this humble motion to make I being a man altogether ignorant and unacquainted with the Lawes that this Court would be pleased as I said before to assigne me Councell to advise me in my Chamber and to plead for me in the Court and that your Lordship and this Court would be pleased to give me a Copy of my Charge and to assigne me a Solicitor to solicite my businesse for me Keeble M. Gibbons you must proceed to make some generall defence for the present Gib My Lord I hope you will doe as God use to doe allow some grains of allowance that a man that hath nothing but weaknesse and ignorance may help himself Upon this motion the Court adjourn'd and M. Gibbons was taken away by the Keeper of Newgate and thereafter came a Warrant to bring him to the Bar the Wednesday following The reply that M. Att. made to Gibbons appeal we cannot have In the mean time there were severall friends that went to mediate and speak for him to the Judge who did lay out his simplicity and innocency labouring what they could for the saving of his Life The Judge answered that he was not so simple as he was set out by them and that he doubted not but that he was a Servant to greater Persons who had imployed him but if he would be ingenious and discover the parties that were in that designe he would labour to save his Life and do him good but if he would not confesse he could not help him Yet still they interceded for him untill at last the Judge told one of them that verily he was perswaded that he was Innocent but neverthelesse if he did not reveal all those whom he knew to have any knowledge of the businesse besides himself nothing could be expected but death he was extream desirous to have a discovery of some persons of Quality but M. Gibbons constantly affirmed he knew none neither would he accuse any for he had rather die then be a means to scandall or hazard any good man this he constantly affirmed with an undaunted resolution to the last Wednesday the 2d dayes Tryall July 23. Master Gibbons being brought before the Court my Lord Keeble spake as followeth Keeble MAster Gibbons the Court out of abundance of favour to you have given you time from Friday till now whereby you may be able to make your Defence therefore it is now expected you should proceed and plead what you have to say Gib My Lord the last time I was before this honourable Court after I had desired a Jury and was denyed it I did in confidence of my own Innocency and your tendernesse in matters of Bloud submit to a Triall though I was no way satisfied in this new way of Triall but before I could plead I made this humble motion perceiving the Charge against me for High Treason was against severall Statutes Lawes and Acts of Parliament which I never saw heard or read them in my life My life and estate thus being drawn into Question my Lord it did very much concern me to be well advised there being many things in the Statutes which made for my advantage both in my Plea and Defence therefore I did humbly beseech your Lordship and this High Court that I might have Councell in Law assigned me both to advise me in my Chamber and plead for me in this Court that so I might be able to take all those lawfull advantages which the Statutes and Acts of Parliament afford me which I was not able to doe my self being ignorant of the Lawes this being denied and I seeing I could no way obtain Councell to preserve my life as I did see the State had got great Councell against me to prosecute me for my life I did humbly beseech your Lordship and this High Court that you would be so far of Councell against me a poor Prisoner standing at the Bar drawn in question before the Justice for my life that you would not let the Learned Councel of this Common-wealth take any advantage against me through my Ignorance or want of skill in the Laws but that if the Statutes and Acts of Parliament and Laws of the Land did afford me any advantage which I might over-slip through my Ignorance that your Lordship and the Court out of your bowels of compassion to a poor Prisoner would stand for me that I might not have any wrong done nor Law denied which by right was due unto me upon these considerations my Lord I did plead not Guilty I do humbly thank your Lordship and the Court for the time you have given me but as unable to answer or speak for my self now as I was the last time I took my leave of this Court being wholly unfurnished and altogether dis-inabled to make my defence for when I came back to my prison at Newgate with an expectation of meeting both the Copie of my Charge and the deposition of the Witnesses I found all was taken away from my Notary whom I