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 Tonge 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 Tonge hold up thy hand thou hast been Indicted of High-Treason thou hast thereunto pleaded Not guilty and for thy Tryal hast put thy self upon God and the Countrey and the Countrey 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 Tonge 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 Stubbs hold up thy hand thou art in the same case the two last Prisoners before thee are what can'st thou say c. Stubbs I beg mercy I was meerly drawn in Clerk of Newgate Tye him up Executioner Clerk of the Peace John 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 were they had been I would have discovered them I beg 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 Witness I beg the mercy of the King Clerk of Newgate Tye him up Executioner Clerk of the Peace James 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 Judgement is in giving upon pain of imprisonment Sir Robert Foster Thomas Tong George Phillips Francis Stubbs James Hind John Sallers 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 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 Countrey for your Tryals and your Countrey 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 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 Judgment 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 Entrails to be taken out of your Body and you living the same to be burnt before your eyes 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 The Confession Speeches and Prayers of George Phillips Thomas Tonge Nathaniel Gibbs and Francis Stubbs at the place of Execution on Munday Decemb. 22. 1662 The manner of Conveying the Prisoners to the Place of Execution and their Behaviour there before they began to Speak THe 22. Decemb. Thomas Tonge George Phillips Francis Stubbs and Nathaniel Gibbs were according to a late Sentence drawn on two Hurdles viz. Tonge and Phillips in one and Stubbs and Gibbs in the other to the common place of Execution at Tyburn Where being come they were received into a Cart under the Gallowes and the Executioner desiring them severally to forgive him they all declared they did freely forgive him and all their enemies and did severally salute each other with this Phrase Welcome Brother and to one another said We are now launching into the deep They being all tied up Phillips gave the Executioner a small sum of Money and the rest directed the Executioner to take out of their pockets a small parcel of money as their gift to him and Phillips afterwards bended a Six-pence and presented it to a friend of his Mr. Stroud and a Shilling likewise bended to one Mr. Clark Then the Under-Sheriff of Middlesex acquainted them they had all free liberty to speak provided they did
Letter was read by the Clerk and follows in his verbis SIR OVt 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 Alhallows Eve next It was thought good therefore in as prudent a 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 Shoe-maker in the Strand and some other persons Council 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 the Party to come up by the Cock-pit and to kill my Lord Duke of Albemarle and to slay Sir 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-fryers 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 be troubled no more with any such kind 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 as there was a great Party in East-Smithfield right for the work and had their Arms. Council What Imployment had Sallers about delivering the Arms Hill He said the Arms were delivered out at Crutched-fryers 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-fryers 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 Philips 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 Stubs 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 Southampton that these Five 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 Stubs at Black-fryers 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-fryers 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 Colonel 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 would say That there was Arms delivered out and that forty went away lacking and in one or two days there wou'd be more which words I never did speak in my life or any such thing only 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. Bridgman 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 theâ—e 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 night as I was passing along I met Riggs at Stubbs door he asked me what news at London I said I was told there would be a Rising and that Arms were delivered Is there says he said I I do not believe it but I shall know certainly to morrow I did call the next morning and asked Is the story true No says he I was there and there was no Arms that was all that I know of the business Friend did I tell you any such thing Council Tell him and upon what occasion Hill Upon occasion of Riggs asking him for thirty Arms for me this upon the Exchange Sallers took him a little aside and told him They were all delivered out that forty went away lacking that
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 witness against you Sallers I spake no 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 I 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 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-Iane he told me 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 Tonge 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 Bradley 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 Glyn. We desire your Lordship to declare whether Riggs and Tyler be lawful witnesses Sir O. Bridgem 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 day-light 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 two lawful witnesses in cases of High-Treason that is such witness as the law would allow before those statutes the meaning of the statutes was that mâ—â— 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 convicted and untainted his Evidence is made use of and though it is not so upright a witness 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 s they are all principals in Treason Sir Hen. 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 Bar under good favour there is a clear and unquestionable proof of the Crime charged of 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 Tonge 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 Serjeant there that he did contrive to seize Whitehall and if you believe Bradly advised as the fittest way to break into Privy-Garden all this against Tonge 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 Artillery where he had some kind of Trust and that he was ready to endeavour the Word when the Insurrection was to be and but a very little before he is the man that discovers to the Congregational Meetings that the Trained-Bands where 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 Tonge and Stubbs were present at those discourses touching surprizing the Tower securing the King this is proved expresly against them Stubbs he thinks he has said fairly for himself when he doth ask Mr. Hill whether he did not say he had horses and 200 l. to carry on the work Mr. Hill says he did say so then it seems Stubbs was inquisitive what helps there were to carry it on Mr. Hill goes further that in the presence of Stubbs it was said there should be no quarter given but such as Ludlow should have if he were taken When you come to Gibbs he does deny all the whole matter and indeed so they would all and they have nothing to say but to cry all the witnesses have sworn falsly and God is a Righteous God and he will require their blood one day but remember what a horrid protestation was in that Letter that was sent abroad to Alarm the whole Kingdom as if a Massacre were intended by the Papists and the Watch-word they should