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lord_n	james_n	john_n	sir_n	63,767	5	6.8706	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29466	A brief narrative of that stupendious [sic] tragedie late intended to be acted by the satanical saints of these reforming times humbly presented to the king's most excellent majesty : also, an impartial account of the indictment, arraignment, tryal [sic], and condemnation of Thomas Tonge, George Phillips, Francis Stubbs, James Hind, John Sallers, and Nathaniel Gibbs, at Justice-Hall in the Old-Bailey, London, Decemb. 11, 1662 ; together with the confessions, speeches, and prayers of George Phillips, Thomas Tonge, Nathaniel Gibbs, Francis Stubbs, at the place of execution, on Munday, Decemb. 22, 1662. / exactly taken in short-hand characters, by the same person that wrote the late king's judges tryals.	Hill, William, fl. 1662.; Tonge, Thomas, d. 1662.; Phillips, George, d. 1662.; Stubbs, Francis, d. 1662.; Sallers, John, d. ca. 1662.; Gibbs, Nathaniel, d. 1662.	1662 (1662)	Wing B4611; ESTC R32577	58,554	95

Foreman Clerk of the Peace Set up Thomas Tong to the Barr Thomas Tong 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 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 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 Iohn Sallers 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 Nathaniel Gibbs 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 Hearken to your Verdict as the Court hath recorded it You say that Thomas Tong is guilty of the Treason whereof he stands indicted and so all the rest And you say that they nor any of them had any Goods or Chattels Lands or Tenements at the time of committing the said Treason or at any time sithence to your knowledge and this you say all Jury Yes Clerk of the Peace Thomas Tong hold up thy hand thou hast been indicted of high Treason thou has thereunto pleaded not guilty and for thy Tryal hast put thy self upon God and the Country and the Country hath found thee guilty what hast thou to say for thy self why the Court should not proceed to Judgment and thereupon award execution of thee according to the Law Tong. I pray mercy from the King I cry for mercy from the King Clerk of Newgate Tye him up Executioner Clerk of the Peace George Phillips hold up thy hand thou art in the same case that Thomas Tong is what canst thou say c. Phillips kneeled down and said I pray the mercy of the King and the Honourable Bench. Clerk of Newgate Tye him up Executioner Clerk of the Peace Francis Stubs hold up thy hand thou art in the same case the two last Prisoners before thee are what canst thou say c. Stubbs I begg mercy I was meerly drawn in Clerk of Newgate Tye him up Executioner Clerk of the Peace Iohn Sallers hold up thy hand Thou art c. what canst thou say c. Sallers I would intreat this Honourable Bench to consider my condition and what my charge is I delivered no arms if I had known where they had been I would have discovered them I begg mercy from the King and this honourable Bench. Clerk of Newgate Tye him up Executioner Clerk of the Peace Nathaniel Gibbs hold up thy hand Thou art c. What canst thou say c. Gibbs And please this honourable Bench I have something to say I am innocent as to my Conscience of acting any thing treasonable against his Majesty the Lord forgive the witnesses I beg the mercy of the King Clerk of Newgate Tye him up Executioner Clerk of the Peace Iames Hind hold up thy hand Thou art guilty of the Treason whereof thou standest indicted by thy own Confession what canst thou say c. Hind I have nothing to say but humbly beg the mercy of the King Clerk of Newgate Tye him up Executioner Cryer O yes my Lords the Kings Justices command all manner of persons to keep silence while judgment is in giving upon pain of imprisonment Sir Robert Foster Thomas Tong George Phillips Francis Stubbs Iames Hind Iohn Saller and Nathaniel Gibbs you six Prisoners at the Bar you have been here indicted for one of the greatest crimes that can be committed upon earth as to this world against God our King and your Country and against every good body that is in this land for that capital sin of high Treason which is a sin inexpiable and indeed hath no equal sin as to this world upon this you have severally been arraigned and have severally except one pleaded not guilty and put your selves upon God and the Country for your tryals and your Country have found you guilty for the five that are found guilty I must say that in you I find little remorse little sense of your sin for the little man there Hind he hath much shewed his penitency The manner and circumstances of this most men here believe this did not originally arise from your particular selves it must be put into you by some others you speak as if you desired mercy where was your mercy that would have destroyed King and Country and massacred many millions of souls no respect of any person but your own Fellows I speak this that you may be the more sensible of your own Crime that you may truly out of the remorse of conscience be sorry for your sin you know very well the old councel and it is a good one Fear God and honour the King and meddle not with them that are given to change Medling with them that are given to change has brought too much mischief already to this Nation and if you will commit the same sin you must receive the same punishment for happy is he that by other mens harms takes heed I shall not spend long time with you but if you will as much as you can discover the Actors herein you will do God the King and your Country good service It remains that the Court proceed to Judgment and therefore you six the one by his own confession and other five by conviction of Law the Judgement of this Court is That you be conveyed back to the place from whence you came and from thence to be drawn upon an Hurdle to the place of Execution and there you shall be hanged by the neck and being alive shall be cut down and your privy Members to be cut off your Entralls to be taken out of your Body and you living the same to be burnt before your eies and your head to be cut off your body to be divided into four quarters and your head and quarters to be disposed of at the pleasure of the Kings Majesty And God have mercy upon your Souls FINIS THE CONFESSIONS Speeches AND PRAYERS OF George Phillips Thomas Tonge Nathaniel Gibbs Francis Stubbs At the Place of Execution on Monday Decemb. 22. 1662. The Manner of Conveying the Prisoners to the Place of Execution and their Behavior there before they began to Speak THe 22. Decemb. Thomas Tonge George Phillips Francis Stubbs and Nathaniel

Parties and tender of every little fry of Locusts were elected by general consent to mannage and contrive the Design of reducing us to a Free-State and to Surprise the King in White-Hall my Lord Chancellor my Lord Duke of Albemarle and Major General Sir Richard Brown And that they had protested secrecy by lifting up their hands to Almighty God and they were resolved to expedite the work And to that end several Messengers being Church-Members were directed into the Country and all persons of that Interest were resolved to acquiess in what they should Act and prepare as those Six should direct To insist much on particulars Riggs with the rest were somewhat shy that afternoon but we appointed to meet on the morrow at the same place of the Exchange Tuesday I met Riggs Bradley Baker Iames Hill and to our godly society came one Capt. Brown a Sea Captain dwelling in Wapping and Iames Hinde a Gunner to a Ship It was long because so much company was there before our good Discourse of the Work of God begun yet at last Riggs could no longer detain it from his new Brother but taking me aside assured me that this Work was long intended that Intelligence came in agreeable to expectation from the Counties that he the said Riggs was intendded once to be one of those six but he had engaged himself in business in a Brew-house in town that he could not defer but he was very instrumental in encouraging honest men to the Work and in satisfying the Fifth-monarchy men who would have undertaken the Work themselves and then 't was his work with several others to put a stop to it until all parties were agreed and though the Presbyter would not be active yet he doubted not but many of them were consenting to the Work But if I would meet him the said Riggs on the Wednesday night late I should have better information for the six persons in Council sate so obscure not twice in a place all disguized and were resolved to act it so secret that no person Friend or Foe except two persons should know where or when they met or whom they were But Lieutenant Strange would come to town that Wednesday and he the said Riggs should meet him and give me full information For the meeting I gave him my faithful promise and this time I had understanding of somewhat formidable then I began to consider with my self the consequence of this Design and how desperate the Rogues were in their Attempts that here was a full Combination and I believed the zeal of these Rogues was such that they had no Design of Trepanning me I consulted my self how I should proceed wisely and timely enough for their Discovery I presently meditated that this was to be acted in the City and that the King's Majesty had intrusted Major General Brown with the care of the City and that he was of an active spirit and quick in counsel I immediately attended him and had suitable Instructions from him where by the next day being Thursday I was as full of matter for them as they were of villainy to their Prince and Countrey But Wednesday night I attended Riggs for the News that Strange should impart and then I was informed by him that some Moneths since there was a Southampton man that had offered his service to the Churches in London with a new Model of Government for their Saintships when they had rooted out the Amorites from amongst them and also a Plot for them to act whereby they should ease themselves from the Government of that Antichristian thing called Monarchy But his counsel was rejected as the Committee of Safety rejected Sir Vane's whereupon he sold his Estate and took ship for Holland but now Mr. Rogers the Minister was sent to reinvite him and several Army-officers resident there for their assistance here in this blessed Work exceeding earnest I was to know those six persons in Council Riggs could not fully resolve but he was sure though he had heard others nominated yet Philip Nye Lockier the Minister and Anthony Palmer the Minister with Colonel Danvers and Lieutenant Strange were very active in it he did believe he had pitched upon some of them and that they had sate lately at the Wheat-sheaf in Thames-street concerning the business Thursday being October the 23 d. their Brother failed not to mee● them at the Ship in Leadenhall-street Then in short from Riggs and Hinde I was confidently assured Windsor Castle was their own five hundred men were fixed in and about Windsor the Serjeants and head Gunner were Right Boys and Captain Tonge had been with the Serjeants there and brought a Letter to be communicated to the Council from the Serjeants of their fidelity That all the Churches in London were concerned in it that now their Money did fly and the Churches were able to raise twelve thousand if not twenty thousand to pay their grand Adversaries in Whitehal at Somerset-house and Worcester-house and to be sure never a Lawn Sleeve or Circingle-man should have a hole to hide their heads in this Nation Four hundred Assistants Riggs affirmed in Dorsetshire they were ascertained of and that several Cases of Pistols were sent down by a Carrier into that Countrey Riggs acquainted us then that in a Ware-house in Crutchet-friers Arms were lodged and there five hundred had been dispersed to those that were not able to buy them that they intended to make a desperate Assault in Whitehall and one party should attempt it by coming in at the Gate into St. Iames's Park to assault my Lord Duke of Albemarle whom they must presently dispatch because when the King was destroyed he had power as Lord General to raise Forces by his Commission in any part of the Nation Also when I put the question concerning the King what we should do with him Riggs answered That then they were resolved to give no quarter to any body Likewise and it shall please Your Majesty that Ludlow was to be General and the same Law he should have had the same the best or highest of their enemies should have Many Friends in Kent looked for the blessed hour and when I asked who should command them there Riggs answered Col. Kenrick for he was su●e the Council had sent him Instructions yesterday by a Messenger that he had sent to them for the same Also that there lodged a Lieutenant at the Wheat-sheaf in Thames-street that had five hundred men at command for this work he being formerly a Sea Commander and was safe in that Lodging because it was Lamberts mans house who was their trusty and welbeloved friend The same night Baker formerly mentioned brought into my comp●ny one Hayward a pitiful yong Porter that plieth about Bowlane end in Cheapside that was formerly of Okeys Regiment and that affi●med to me three or four and twenty of their Cheapside Porters would knock it soundly when the day of rising was Likewise Riggs asserted that one Ward a

Chandler in East-Smithfield did furnish the Magazines with much Powder and sent it by honest Porters in Baskets in white Sheets Likewise that that day Mr. Brooks the Minister was numbring out the faithful-fighting Brethren in his Congregation and those that could not help with their holy hands must with their purse And also that Riggs was positive that if they could have gotten Kiffing and the Churches to have expended their money the work had proceeded last year Friday the twentieth fou●th instant at our Meeting at the Feathers Tavern in Fish-street there being Riggs Bradley Baker and my self I pressed hard according to the counsel of Sir Richard Brown for Arms for thirty men I had made sure of which Arms were p●omised me because I would know where their Magazine was Answer was given by Riggs That he had proposed it to Captain Tonge Strong-water-seller in Tower-Ditch And Tonge replied That no Arms would be delivered me unless I was a Church member But Riggs and my self meeting one Sellers on the Exchange Riggs presently acquaints him with my desire Sellers rep●ied that all which were five or six hundred were delivered out last night and that forty of their friends departed last night u●furnished but in three or four days some more would be brought to the Mazagine at Crutchet-Friers and then I should have them Some persons who are Citizens were discovered this day but at night Riggs Ward the Chandler Lt. Stubbs Bradley Baker and Iames Hind we all associated at Captain Tonges house in Tower-Ditch Ward being a cunning St. Rogue was reserved as I heard after because I was a stranger to him But Tonge couraged us that one Captain Elton told him that Lieutenant Strange came out of the Countrey last night from lodging the Horses in several by-places and corresponding with several Agents there and the work proceeded gallantly in City and Country and that for fourteen miles round the City all their friends were ready waited but for the knowledge of the day And for the surprizal of the Tower Tonge said he had fixed many of the Red Coats to open a back Gate and with Blunderbushes to enter Also that Captain Leigh had also been with Tonge last night and assured him that those that sate in counsel intended speedy action Saturday Octob. 25. Bradley and my self visited Riggs at his house and there he had this comfort for us That the Commanders were all nominated Ludlow certainly to be their General That Captain Spencer and Taverner formerly Governors of the Castles in Kent commanding the Sea had assured the Council of the surprizal of those Castles by their interest there Then was several Copies of the Letter given forth by the direction of the Council to be noised through the City the Contents of which Letter was that the Forces and Papists at Whitehal did intend a massacre in the City of all the Protestant party The copy whereof I have Riggs then assured us A man that he knew was to be assistant at the assault at Whitehal that would bring the party to the Treasuries at Whitehal and elswhere But for money large sums were in Bank of their own notwithstanding that all Treasuries must be seized and at Whitehal with my Lord Chancellor and his Attendance at Worcester-house also St. Iames Somerset-house no quarter should be given But their indignation swelled highly against my Lord General Monk and Sir Richard Brown they should die who ever escaped without mercy and then when Sir Richard was slain the City was their own Captain Tonge this day certified us that Strange was again gone into the Countrey but his return was this night then more particular news we should have But to morrow being Sunday at the several Meetings they intended to whisper the appointed time of Insurrection to each other Riggs then affirmed with Tonge that many new Blunderbushes were made for the Design and that they had Head-peeces Back and Brest for Two thousand Horsemen and that Captain Leigh told him the said Riggs that they were not to seek as to the work in Ireland that special care was taken by the Reverend Council for that affair Helmes the Minister formerly of Winchcomb in Gloucester-shire was discovered by Riggs to be Active in this desi●n This night Tonge boasted to me that he was to go to a Cane man who had bought Armes for six men for this design at his own cost and charge Sunday and Monday last our Information from them was That all the Horse that formerly departed the Town were to return by Monday night That their Declaration was ready founded on Righteous Principles to the compleat satisfaction as much as the Holy Sisters And on the Monday Riggs and my self saluted Sergeant Phillips Sergeant to Colonel Whales Company of the Militia Bands for his good service on the Sunday morning in sending Intimation to several places where the Godly had their Meetings of their intended surprisal by the Major General which Seargeant as Tonge and Riggs informed me was to furnish the Party with the Word that were to secure the City and upon the Sunday when he was on the Guard he wished their Party were up for he thought a few would do the work The Armes that Tonge and Hind hath provided for this design as they say I have seen And one Captain Brown a Sea Captain must needs discover himself also that he had sold his Ship on purpose that he may fight stoutly in this work on Land Tuesday October 28. Our Intelligence from Riggs and one Beazley by Fleetbridg a Chandler that the Council was dissolved 2000 Horse came into the Town yesterday that Wednesday night was originally intended to be the fatal night although they had now fixed another time On Tuesday night late I was carried by Riggs and Beazley with Lt. Stubbs into Black-Friers into a House the Sign thereof I know not but the House I know where we had Intelligence from one Gibbs and other persons their Names I could not learn that the Council were to meet again Wednesday morning Some intelligence the Council had of Arms and Ammunition the City had provided in the several Halls and because it was commonly reported about the Town the Lord Mayors day at night would be the time whereupon they all supposed Alhallows Even and those persons that were with us were somewhat assured would be the time and we were all desired to prepare against that time There and then Gibbs Riggs Captain Thomas in Shoe lane Lt. Stubbs and three other persons assured us that that Even or neer would be the time we should cut off Root and Branch rid our selves as their expression was of Kings Queens Dukes Bishops all should go one way there should be no running beyond Sea or Parleys there but a total destruction of King Lords Bishops and G●ntry was the determination of them there and as they affirmed of all the rest engaged in the work The several days Intelligence I committed to faithful Sir Richard

Brown from whom I received full instruction every night On Tuesday Sir Richard Brown and Sir Iohn Robinson ordered me to go along with the Soldiers to take Riggs Hind Tonge Stubbs c. White the Cane man who were all apprehended accordingly William Hill An Impartial Narrative of the Indictment Arraignment Tryal and Sentence of Thomas Tonge George Phillips Francis Stubbs James Hind John Sallers and Nathaniel Gibbs at Justice-Hall in the Old-Baily London Decemb. 11. 1662. THe Commission of Oyer and Terminer being read and Proclamation made the Grand Jury were sworn whose Names are Arthur Iourdan Iohn Freestone Thomas Fawson Thomas Coney George Compere Isaac Rutter Chr. Rigby Rowland Steed William Standen Iohn Worth Iohn Rigby Leonard Staples And several Witnesses being called there appeared William Hill Edward Riggs 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 Serjeant Maynard His Majesty's Serjeants at Law Sir Ieoffry Palmer Attorney General Sir Heneage Finch His Majesty's Solicitor Serjeant Keeling His Majesty's 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 Iames Hinde hold up thy hand Iohn 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 Iames Hind late of London Gunner Iohn 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 Defendor of the Faith c. minding and with all their force intending the Pea●● 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 th 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 ancient 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 iudicted or not guilty Tonge Not guilty Clerk How wilt thou be tried Tonge By God and my Countrey Clerk What saist 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 standest indicted Phill. I am guilty but not in manner and form as I stand indicted I have heard the words as I formerly confessed to Sir Richard Brown not guilty as to the manner and form Clerk How wilt thou be tried Phill. By God and my Countrey Clerk How sayest thou Francis Stubbs art thou guilty c Stub Not guilty Clerk How wilt thou be tried Stub By God and my Countrey Clerk What sayest thou Iames 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 Iohn Sallers art thou guilty c Sall. Not guilty Clerk How wilt thou be tried Sall. By God and the Countrey Clerk How sayest thou Nathaniel Gibbs art thou guilty c Gibbs Not guilty Cler. How wilt thou be tried 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 Iohn 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 trial 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 Edmund Butler Tonge I challenge him but afterwards admitted him Clerk Edmond Butler Clement Punge George Dixon Samuel Paine Iohn Bagnal Iohn Gourney William Gayler Ralph Silverton William Dudley Ioseph Drake Iohn Peake and Robert Morrice were severally sworn in this manner Lay your hand on the Book look upon the Prisoner You shall well and truely 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 Edmund 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 Iames 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 and thereunto have severally pleaded Not Guilty and for their Trial have put themselves upon God and the Country which Country 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 finde that they or any of them are guilty you shall

concerning Declarations Hil. The Declaration was ready Stubbs acquainted us against Popery and Monopolies for Liberty of Conscience and a Free Common-wealth Finch Any thing of the Popish Massacre Hil. Yes I had this Paper of them a Copy of a Letter Sir R. Foster How many Copies of that Letter were to be dispersed in the City Hil. About Five thousand Sir Ieoffry Palmer These things were to be dispersed to possess the people that the Papists about that time would Massacre the Protestants that so they might draw all against that Party to joyn with them a brave colour when in truth there was no such thing but onely to carry on their design of killing the King and altering the Government The Letter was read by the Clerk and follows in his verbis SIR OUt of the respect which I bear to you in particular and to the Protestant Party in General I give you notice of this Passage About a fortnight since a woman which you must be ignorant where who had it from a Correspondent of the Papists that they intend to make use of their Army which all the World sees they have provided against Al-hallows Eve next It was thought good therefore in as prudent way as may be to give notice to our Friends in remote Parts that they may do what piety to God Loyalty to their Prince Love to their Country and self-preservation should direct them Sir I call the Eternal God to witness that this is not to Trepan to put a Trick upon you but a sober Truth And also Communicated to a Justice of the Peace and by him to the Privy Council and what the issue of it is I have not heard I hope you will inquire and tell us From Yexford in Suffolk Octob. 31. 1662. Serj. Keeling Do you Mr. Hill remember any discourse of the way of taking Whitehall Name who were there and who spoke Hill There was Hind and one Captain Browne a Shooe-maker in the Strand and some other persons Counc Was Stubbs there Hill Not at this discourse but we talked of taking Whitehall at Stubbs's house when a Sea-Captain was there that was to go to Saranam and Stubbs invited him to stay at home to assist them who was to come down with a Party by Charing-Cross and another Party to come up by the Cock-pit and to kill my Lord Duke of Albemarle and to slay ●ir Richard Brown in the City and the Party in the City to keep a Drum beating c. And Tonge said That their main care must be to keep down Sir Richard Brown and the Trained Bands or else they should never be able to stand Council What concerning the Privy Garden way Hill They discoursed concerning the getting down the Door and the Wall and so get the sooner to Whitehall Council What was Stubbs's opinion at that communication Hill His was at Black-friars the last Tuesday night before they were taken this Stubbs Thomas and Gibbs Court Which Gibbs Hill This black Gibbs at the Bar they discoursed that they would be sure to make an end of Kings Princes and Dukes that they might have a Free State and troubled no more with any such kinde of persons neither Lawn Sleeves nor Circinglers Council Do you remember that Stubbs proposed any other way to Whitehall Hill No Sir Maynard Did they say what Number was provided ten or twenty thousand Hill Stubbs assured us that there was a great party in East-smithfield right for the work and had their Arms. Couucil What imployment had Sallers about delivering the Arms Hill He said the Arms were delivered out at Cruched-friers about six hundred and that forty of their Friends went away last night for lack of Arms that within two or three days there would be more Council Did he name a Magazine Hill Yes the Magazine in Crutched-friers Council Did you know any thing touching the discovery of the Word and by whom Hill No Sir but I understood that Tonge was assured by Phillips that Phillips would get him the Word that very night that they intended the Insurrection Council What was propounded if they had taken the King what would they do Hill He should have the same Quarter as Ludlow was to have Court Who said that Hill Stubbs and Gibbs and Tonge Council That 's three of the Prisoners at the Bar Lord have mercy upon us Council Were you not acquainted of a Council of Six Hill Yes they named some at a venture but they believed some of them were of the Six That they met not twice in a place sometimes here and sometimes in another place Council Who did they name Hill Colonel Danvers Phillips Nye the Minister Lockyer and one Cole of Southhampton that these Four were part of the Six Council What discourse touching the distance of place where they engaged any Hill Forty miles about the Town Council Did Tonge tell you that Strange had lodg'd any Horse Hill He said he had taken out the Horse that were provided for a time but Gibbs and Stubbs at Black-friers assured us of the Horse coming into the Town the night before Council Did Tonge tell you of any Back Breasts Blunderbusses Hill Not he Sir It was talked of that night at the Black-friers Council What did you hear concerning sending into Dorsetshire to spread Rumours there Hill That they had four hundred of their Friends there that they were sure of and several Cases of Pistols sent down by the Carrier Court Who said that Hill I know not what particular person but at that Meeting and in that company Council Who was present Hill Gibbs and Stubbs Council None of the rest Was Tonge or Phillips there Hill No Sir Council Did you hear of any other Countrey either Kent or Worcestershire or Derby or Leicestershire Hill Tonge informed us of the faithfulness of Col. Kendrick in Kent to bring him some Arms. Court If the Prisoners will ask him any Questions they may Sallers Friends all that here are present I did ever abhor such an action Ask him whether he did hear me speak those words that I should say that there was Arms delivered out and that forty went away lacking and in one or two days there would be more which words I never did speak in my life or any such thing onely what I heard from Wapshot as Wapshot declared to my Lord Mayor he told me to whom I appeal It 's true meeting with that Wapshot says he we hear there will be a Rising and there are some Arms delivered out said I I would advise you to have a care of such a business Sir Orl. Bridgeman I would not interrupt you you will be admitted to make your defence afterwards but if you will ask him any Question Sallers My Lord I shall come to that Wapshot told me there were Arms delivered but further told me he knew not of the certainty of these things that at night he should go to a house where he should know I bid him have a care At

brought me into this businesse was Tyler Sallers All that I am charged with is a report of the delivery of some Arms seeing that a number of Arms are mentioned I would ask what was the number Mr. Riggs I cannot well tell the number but you said there were some Arms given and some to be given and that several had come to that place and went away without Arms and that within two or three days there would be more given but as to the number I cannot remember Sallers Now take notice of Mr. Hills Evidence he hath asserted that there were five or six hundred how do these agree I can have sufficient testimony of my life and conversation Court If you have any thing more to say in this business speak in the name of God no body hinders you but keep to the business Sallers I intreat the Bench to take notice what I am charged withall it 's onely a report I received from one man and told to another and the very Original was a Lye there was no such matter and yet here is audacious Evidence he saies I named 5 or 600. and yet Riggs to whom I spoke heard me name no number Council One speaks to the Arms but does not remember the number they both speak to the thing Sallers How can Mr. Hill be a competent Witness against me when he never saw my face before but saies Mr. Riggs told him Mr. Hill I said not so but that I heard it from your own mouth Mr. Solicitor Mr. Riggs why did you go to Mr. Sallers to help Mr. Hill to Arms Mr. Riggs Because Mr. Sallers told me the day before that he heard there was some delivered and more would be and the next day we went to the Exchange and there he told me this story Sallers I cannot hear him Sir O. Bridgman He saies you told him the day before there was Arms delivered and more would be delivered and then the next day he and Mr. Hill came on the Exchange and then you spoke those words which they both witnesse against you Sallers I never spoke such a word It 's true what Wapshot told me I told Riggs which was that there were Arms delivered but it seems there was none and I told him would tell him the truth the next day on the Exchange and so in the mean time speaking with Wapshot he told me there was no such thing and I told Mr. Riggs Wapshot said there was none Court Pray what made you so busily enquire after Arms if you were not concerned Sallers I did not enquire after it but accidentally meeting him in Mark-lane he told me Mr. Tonge My Lord as you are my Judge so I hope you will be my Councellor and I pray your advice whether Mr. Tyler and Mr. Riggs be competent witnesses against me they being in the same case Sir O. Bridgeman Where is the cause of your exception Tonge Because they are in the same case Sir O. Bridgeman There are four witnesses all against you your own confession and examination against you through the whole business you are a principal person Tong. I confess I did confess it in the Tower being threatned with the wrack Sir O. Bridgeman There is Mr. Hill Mr. Riggs Mr. Bradley and Mr. Tyler there is Hill and Bradly without exception Bradley he was not at all concerned he went along with you to know what you said and Mr. Hill was not a person in the design but made use of only to find out the Plot they did nothing unjustifiable so they are witnesses without exception Serjeant Glynn We desire your Lordship to declare whether Riggs and Tyler be lawful witnesses Sir O. Bridgeman I would have you know this whereas you make exception against those persons that are guilty of the same crime that 's a mistake to say they are not witnesses in cases of Treason where there are works of darkness these are things men will not do by daylight but in darkness and who can discover these works of darkness better than they that have to do with them if God turn their hearts It 's true such persons as these are if they had been convicted they are not Witnesses but though they are in the same fault it is frequent they are allowed besides they are not witnesses alone there are divers circumstances 1 Edward 6. 5 Edward 6. both statutes say there shall be 2 lawful witnesses in cases of high treason that is such witnesses as the Law would allow before those statutes the meaning of the statutes was that men might not be taken upon a bare surmize therefore the Law saies there shall be two witnesses when one is accused of Treason another in the same offence unconvicted untainted his Evidence is made use of and though it is not so upright a witnesse as others yet he is such a witness as the Jury is to take notice of it is plain by several circumstances you have been a principal person a Leader on of the business though a man be but present when Treason is spoken or designed and acted if this man be present and shew any thing of approbation his concealing of it is as much Treason as he that did it they are all principals in Treason Sir Heneage Finch May it please your Lordships and you Gentlemen of the Jury you have heard the Evidence of the Prisoners at the bar five of them have stood out their Tryal a sixth hath confessed the Fact against those persons that now stand at the barr under good favour there is a clear unquestionable proof of the Crime charged against them and they have not said any thing that hath either taken away the credit of the Evidence or excused the matter if you consider first Tong there is against him four Witnesses and those unquestionable as you heard the direction of the Court that he knew of the design approved of it contrived how to surprize Windsor Castle had corrupted the head Gunner and Sergeant there that he did contrive to seize Whitehall and if you believe Bradley advised as the fittest way to break into the Privy Garden all this against Tong with a world of other Evidence how active he has been his house was the place of consultation he imparts the design to Phillips and Phillips undertakes to get the Word of the Trained Bands I think none can prove more than is proved against him when you come to hear the proof against Phillips it is proved that he offered to betray 300 Arms in the Artilery where he had some kind of Trust and that he was ready to end●avour the Word when the Insurrection was to be and but a very litle before he is the man that discovers to the Congregational meetings that the Trained Bands were coming to surprize them that is in his own confession as well as the willingness in him to discover the Word It is proved that Tong and Stubbs were present at those discourses touching surprising the