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
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
about the middle of October last I met John Baker one that is now Indicted he was a Captain formerly called I met him in Cheapside he meeting me after a Salutation invites me to drink with him I went into a house with him When I was with him he began to ask me what News there was in the Countrey I told him I had little to inform him He told me if I would stay a while he would â—ell me some I asked him of what nature says he Not long ago the King went a Hunting sent some Stags to Sir John Robinson now the Lord Mayor and went but with a small Guard and I could have been one of the Twenty that would have slain that Outlandish Dog Then said I Mr. Baker that 's nothing to me but what other News have you Saies he I know thou art right and I know your Father there is something on foot in the City and if you will meet to morrow I will bring some persons to you that will give you information Sir said I understanding it of dangerous consequence and willing to get it out I will meet you and we agreed to meet the next morning that Morning Three persons came early to my quarters Hill the Cloth-drawer Mr. Bradley and this Mr. Riggs he appointed them to meet him there but failing himself they being strangers said nothing to me then and so I departed and left them a drinking the morrow after he himself came to my Lodgings fetches me out of my bed and tells me he had appointed some persons on the Exchange to give me an account I went with him thither and there we met with some persons that were his acquaintance and from thence we went to the Ship in Leadenhal-street and among us was Hind that confessed himself guilty and there the business was fully discoursed of what their intention was that all interests were agreed Fifth Monarchy-men Anabaptists Independents and Fighting-Quakers and the Congregational Churches were consenting and were resolved to endeavour their deliverance from Adversaries at Whitehal Many passages more On the Morrow after we met again and there met with us Hind and Brown and Baker there we were acquainted of their Magazine and Arms provided and about their Correspondence in the several Counties that they were sure of Windsor-Castle that the head-Gunner and Sergeant there were privy we had information concerning this Tonge as an active person in this design I studied to know this Tonge and I was brought to him at his house and there I met one Ward Stubbs and Hind and some others and there we had discourse concerning the business Tonge told us something of the business of Windsor-Castle and proposed something in reference to the taking of the Tower what Arms and Men they had for this Design we met many times at the Ship that Gibbs we met at Bridewel-Dock and there was Stubbs and one Bearley with me there we waited for a Brother of this Gibbs's to give us intelligence when the day of the Insurrection would be we waited not long but in came his Brother and two persons more one Thomas a Bridler or Bit-maker in Shooe-lane and another person in a handsome Garb came along with him his Brother was somewhat shy because I was a stranger to speak any thing but calls for this Gibbs and Stubbs and had some private discourse with them and away departed after they were gone we desired to know the Intelligence they told us that the Council of Six was broken up all business was setled Ludlow was Commander in Chief and Al-hallows Eve was the time that Horse and Arms were provided For Phillips that day that the Meetings were intercepted that the Trained-â—ands did suâ—priâ—e them that day this Gentleman and I pointing to Riggs came to the Main-guard at the Exchange where Sergeant Phillips was with a Buff-Coat and a Halbâ—rt and this Gentleman meaning Riggs saluted him and thanked him for his service in sending down notice to the Meeting to be gone for he was coming down with the Trained-bande to surprize them he asked him what was the occasion of the busâ—â—e says he they say Sir Robert Foster Who is that he Hill That Phillips said they say they were up in the Wist and if they were not I would they were and here too for a few would do the work Upon the Monday after we met him near the Exchange and so likewise Riggs thanked him for his service and then he Phillips promised his further service when the time of the Insurrection would be For Sallers I was by agreement to have Thirty Arms delivered me and I was very pressing to have the Arms out of the Magazine Sallers met with this Gentleman Riggs and he urging Sallers about the Arms Sallers told him that they were all delivered out the night before about five or six hundred and that forty of their friends went away without Arms but that within two or three days there would be more laid in Sir Heneage Finch Mr. Hill I will ask you one question with my Lords favour as you have given a general account I will keep you to one particular person Tonge Did Tonge in any discourse with you tell you of one Strange that was gone into the Country Hill One night he told us he had spoke with Strange that he was gone into the Countrey and would come back the morrow and then we should have more intelligence Sir Heneage Finch What concerning the Tower and Windsor Castle Hill He talked of the good service that he had done in being at Windsor Castle with the Serjeant and Gunner for the securing of that Castle that near five hundred of their friends were in and about Windsor ready to assist for surprizing that Castle Court Who told you this Hill Tonge told me himself that he was instrumental in it Finch Did he tell you any thing of the Tower Hill Only he said it was fit some care should be taken to surprize the Tower at the time Finch Any thing of Alhallows-Eve Hill He did not fix the very instant time but said he looked for intelligence from Strange Sir Jeoffry Palmer What day of the Month was that Hill I cannot remember the very day Serjeant Maynard What did he say concerning Declarations Hill 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 Hill 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 Hill About five thousand Sir Jeoffry 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 only 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 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
You do your self much wrong and take away that time which you may happily spend better Stubbs I desire to know of Mr. Hill who was present at that Meeting that I should say the King should have such quarter as Ludlow Hill It was spoken at the Meeting at Black-fryers after his Brother and the other persons were gone it was there spoken that the Council was broke up and all ready Alhallows-Eve the time and then the same quarter to be given as Ludlow should have if taken Stubbs You do not answer the Question who was there besides your self Hill There was Riggs and that Gibbs there Stubbs You have onely his Evidence Tonge Who was in company when I talked of Three hundred men at Windsor Hill It was at your own house and there was Ward Stubbs Riggs Hind and my self Phillips Whether did he ever see my face at any Meeting Hill I never saw you before that time in Cornhill Phillips Upon what account did I speak to Riggs then Hill When you came off the Exchange you told him you could not stay your Captain was coming Riggs thanked you for your favour in sending word to the Meeting to be gone to a certain Quaker Phillips I never sent to any Quaker to that purpose I did not see this man upon the Sabbath-day but Riggs came down to me and thought I had sent notice to Anchor-Alley but I did not Sallers He affirmed that there was several Meetings of Forty and then of Six ask Mr. Hill whether I was in either of those numbers at any time Council He did not charge you with any such thing of being in that number he asks a question about things not laid to his charge Council Let Mr. Riggs speak Edward Riggs About three weeks since I came acquainted with Mr. Tonge upon this occasion Captain Baker did say that he was a man of Intelligence but Mr. Tonge did not care for him and told me that I might be acquainted with him a while after I came acquainted with him accidentally when I came to his House Court Whose House Riggs Tongs house Mr. Stubbs was there he said that he had been at Windsor spoken with the Gunner and Sergeant and that they promised it should be ready upon some certain notice given that night he had received a Letter of some business concerning a suit at Law he said in which there was a mystical meaning which he did not tell me of but this he said That he had made sure of Windsor by the Gunner and Sergeants promises This is that I know of him Council Is this all of Tonge Riggs This likewise he has told me that he had sometimes met with a certain company he did not say Thirty or Forty but a pretty many there was he named Mr. Coâ—â— Captain Elton Captain Leigh that they had often meâ— but could not well agree but at last Mr. Strange did meet with them give them one Meeting they could not agree neither they went away and said these words to the best of my remembrance Mr. Strange did refuse to joyn with them but when God bids him go he would go whether this day or next week or next year matters not but when God bids him go he would go Mr. Cole was somewhat troubled to hear it but says Mr. Cole if you will go give me but notice if I cannot go so fast as you ride I will hold by your Horse-tail A little while after he told me they had not met again that Mr. Cole because they could not agree about this business was gone beyond Sea but before he was gone he did tell me of some considerations that were drawn as he judged about a Government by Mr. Cole and gave me in a Paper some certain Propositions three or four concerning Sea-men the substance was this what great benefits they had by a Common-wealth Court Who gave you them Riggs Tonge but it came from Mr. Cole as he said In general they were to declare against the Misgovernment of Church and State in particular to Sea-men what great advantages there would be to them and three or four things propounded in order to them 1. That no Sea-men should pay custom for any commodity that he did bring under the value of Ten pounds upwards they must And likewise there should be care taken upon our own Coasts and beyond Sea that where any of our English Ships should be cast away there should be care taken out of the Customes that might keep them in their travelling homewards either from begging or starving but Mr. Cole when they met as Tonge said would not agree and therefore went beyond Sea after he was gone within a week or fortnight they had another meeting Court They which they name them Riggs I did not hear him name many unless Leigh and Captain Elton I remember no more and there he said they had under consideration the Government of a Commonwealth and so to declare against the misgovernment of the Church and State and there was to be a meeting at London-wall in a little time after and he was there He afterwards told me he mist that meeting but had intelligence brought him that that time that he missed thirty or forty I know not the certain number had referred it to Six men they called it The Council of Six but the names of them I never heard from him and indeed he said he knew them not by reason of his absence from that meeting but what I gathered from him was this That he judged Captain Elton was one of them Council He told you there was a Council of Six Sir Hen. Finch To make things short were you ever at any meeting where there was a discourse touching surprizing the King altering the Govertment and who was there upon your Oath Riggs That Friday immediately before we were taken I think Octber 24. there was some discourse in general concerning Whitehall what might be done as to the procuring of that and likewise concerning the Tower Council Who was present that Friday Riggs My self Hill Tonge Stubbs Ward Hind and John Baker and then to the best of my knowledge there was this discourse in general Concerning the taking of the Tower there was some Propositions on all hands concerning the taking of that Mr. Hind he only mentioned but did say he would undertake it the righting of Gunners Accompts Mr. Tonge he said that the way that he thought convenient might be this When Sir John Robinson now Lord Mayor did late in the evening go into the Tower there should be a party following his Coach and so might do it And John Baker at that present instant of time did say That it was necessary the King should be surprized and likewise saâ—â— then That there should be no quarter he would give nor take none Council Who was present Riggs Mr. Hill my self Bradly Hind Captain Brown and Baker and another Hill the Drawer I think Council Was not Tonge and Stubbs there then
this he would and could do for that he had some correspondence therein and much acquaintance near where he formerly used to preach And further saith That Tonge asked Riggs who should lead the men that were to rise and who command in chief to which Riggs reply'd That Ludlow was appointed for that work He further saith that he asked Riggs and Tonge how this business might be carried on with safety and secresie Riggs told him that there was a Council of Six which managed the Design who sat but one day in a place and would not be spoken with but by the Agitators of each County who were employed by them to and fro in this work to prepare and make ready all parties in the several Counties and that these Six were of several Congregations and Opinions to the end that all Parties might unite And further saith that one Wade or some such name whom he heard Riggs and Tonge say was a Ship-chandler in East-Smithfield did furnish Powder to carry on this Design in whose company he once was and himself said as much which said person he believes he knows when he seeth him again He also saith that Riggs told him all the Congregational Churches were now agreed to joyn in this Design And that Riggs and Tonge desired this Examinant to furnish what Men and Arms he could which he saith he never intended to do though he earnestly requested it of him only he saith in some things he was too faulty which he prayeth pardon for which was in sending word to the several Meetings on Sunday last That the Trained-bands were coming to seize them upon which the chiefest of them made their escape before the Souldiers arrival and that he being deluded by their fair Speeches did promise to give them the Word when the general Rising was to be in which Rising all the Churches aforesaid promised to joyn and the Fifth-Monarchy men to lead the Van. And further saith that Riggs told him they had a Declaration ready to fling among the people against Bishops and Common-prayer and that Liberty of Conscience was held forth therein But first before this Declaration they would seize on the Kings Person and that then their Declaration would take with the people And also saith That one Captain Baker one Bradley and Tonge were privy to all these transactions which were debated by them in his presence and that the said Baker came afterwards to this Examinant and discoursed all the aforesaid particulars and incited him to help on with the work and told him their Arms and Powder was distributed and that a Porter which was formerly a Souldier carried the Powder to several places in a sack And further saith that Riggs had told him they had divers friends both in London and the Countrey who had and would help them to Money and that all their friends were now ready in all Counties waiting only for the day when they were to Act and that Treasure in Guild-hall was likewise to be seized And that the said Riggs also told him that they intended to surprize the Tower which they â—â—â—â—d easily do having some therein that would assist and this was to be put in Execution in some Evening when Sir John Robinson came home late by following close after his Coach with a Party of men which should lie ready for that purpose George Phillips Sir William Morrice and Sir Henry Bennet Principal Secretaries of State Sworn Sir William Morrice I have had Intelligence and several adverstisements from several parts of the Kingdom that there was a Design of Rising and an Insurrection that it was the general expectation and common discourse of the discontented and dis-affected Party nay it was likewise preached about that the Papists had a Design to Rise and cut the Throats of the Protestants I had four or five Letters to that effect sent and brought me and these Rumours were spread to excite others to joyn with these Sir Henry Bennet Divers Letters of mine were to the same effect that there was an Insurrection intended at that time and calling upon one another to be ready at that time Sir John Talbot Sworn Sir John Talbot I suppose that the Evidences that I can give in relation to the Prisoners is only the consequences of this report which they had rumoured about the Papists Massacring the Protestants the consequence was this that it made a very great disturbance in Worcestershire and Warwickshire insomuch that many Gentlemen that lived in the Countrey in very good repute came under a very great suspicion of all their Neighbours and the Lieutenants wrote to one another to secure many there was Guards set to satisfie the fears of the Countrey Friday night which the Rising should have been on they would not intrust the Catholicks to be in Arms but other Voluntiers Mr. Hodges Sworn Mr. Hodges In Dorsetshire the 23 of October last there was a Discovery made by some of the Town of an intention of a general Rising and some of the Town were engaged in it one Mr. Harvey a Justice of the Peace examined divers persons four that were privy to it were sent to the Gaol and an Express sent to Secretary Morrice Sir John Weld the younger gave such an account of Shrewsbury Stubbs My Lord The occasion of my going that Friday night was by Mr. Hill and Mr. Riggs suggesting the Papists Rising I was never known to be a Plotter I had not gone forth that night but only by their perswasions I never heard of any Arms but only the rumours of the people Sallers I would â—ain know the Mr. Riggs what number of Arms I told him was delivered Riggs I know not the number Major Thomas Bonfoy at his desire was Sworn Major Bonfoy I do not remember that I ever saw Phillips's face but I did understand it was his custom to come to the Exchange to insinuate himself into my Officers making merry with them and endeavouring to get the Word and I believe it was his common practice Phillips He may remember I came on the Exchange and spoke to him and was looking for one of his Sergeants I asked no man the Word but presently went to the Black Lyon in the new Alley and from thence I went home I did not ask the Word of any one I have confessed before the Council that at the beginning of August I met Mr. Riggs in Cheapside he then came and closed with me and walking along said he Do not you hear of a rising which should have been on Friday No said I and then I I asked him where he said at Camberwel and I thinking nothing of it came home and spoke of it in my Family as news from Mr. Riggs on Tuesday I met Mr. Riggs on Tower-hill and he brought me to the house of Mr. Tong Tong told Riggs he had been at Windsor and made some party to secure the Castle Riggs said he could go down to Kent and secure Deal and another Castle for he
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