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A63182
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The triall of Mr. John Gibbons, in Westminster-Hall, before the High-Court of Justice, beginning July 18. 1651
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Gibbons, John, d. 1651.
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1652
(1652)
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Wing T2200A; ESTC R203889
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21,228
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22
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THE TRIALL OF Mr. JOHN GIBBONS In Westminster-Hall before the High-Court of Justice beginning July 18. 1651. HAB. 1. VER. 13. Thou art of purer eyes then to behold Evil and canst not look on Iniquity wherefore lookest thou upon them that deal treacherously and holdest thy tongue when the wicked deavoureth the man that is more righteous then he ECCLES. 7. VER. 15. There is a just man that perisheth in his righteousnesse and there is a wicked man that prolongeth his life in his wickednesse LONDON Printed in the Year 1652. To the Reader HE who while he readeth taketh notice that these Notes being taken from the Prisoner in taking them from his Notary and that the Copy of his Charge and of the Deposition of the Witnesses and the help of a Councell at Law which had been granted to others which was frequently and with all earnestnesse pleaded for and pressed by him were flatly and peremptorily denyed shall rather wonder that so much of their unjust and illegall proceedings hath come to light then be offended that this Narration collected out of his own seattered Papers cometh abroad imperfect read therein the meeknesse cheerfulnesse and constancy of the Innocent condemned the malice iniquity and obstinacy of the cruel Persecutors bear with the defects in the relation at least let them run upon that reckoning who are accountable for his Bloud Be ye followers of the Faith and patience of him who having endured the triall hath received the crown of Life which the righteous Lord hath promised to them that love him Beware of the wolves of the evening that walk in sheeps clothing not sparing the Flock and the Lord of all grace who hath called us unto his eternall glory by Christ Jesus after ye have suffered make ye perfect establish strengthen settle you to him be Glory for ever and ever Amen THE TRIALL OF Mr. JOHN GIBBONS c. Friday the first day Potter and he were both brought to the Barre together POTTERS Charge was first read unto which he pleaded Guilty and made a large Narrative of all his Crimes against the State very much was he examined against Master Gibbons but no hurt at all he did him after they had done with him the Charge of Master Gibbons was read which when he heard he spake in this manner Gibbons My Lord this Charge is very new to me I have been a Prisoner under close Imprisonment for many weeks together and never knew before this time what it was in particular that was laid to my Charge And now I doe hear my particular Accusation it is so strange to me that I doe not know what to say to it at the first hearing therefore I humbly beseech your Lordship that I may hear it read again Attorney Generall My Lord Master Gibbons heard Potters Charge read which was very like to his own so he hath heard it twice already however my Lord he may hear it read again for he may hear it thrice Keeble Come let him read it again he is a young man let him have what favour he may have mark it well now you hear it again After reading Master Gibbons spake in this manner Gibbons My Lord I am brought hither by an Order of this Court which Order mentions a Charge of Treason exhibited against me I should betray the Liberty I am born unto If I should not desire a Triall according to the fundamentall Laws of this Nation which is by a Jury of my Neighbour-hood the benefits and advantages are exceeding great therefore I doe earnestly crave to have them Keeble The State have thought of another way of Triall which you you must have and submit to this is best for your advantage and more honourable then any other you can have therefore you must plead Guilty or not Guilty Gibbons My Lord I shall never be so prodigall of my Bloud as to throw away my Life by refusing a Triall before you though I am not satisfied in this new way of Triall yet I shall not refuse to plead in confidence of my own Innocency and in hope of your tendernesse in matters of Bloud But before I Plead and Answer to my Charge I have this humble motion to make Here he spake very much on the first day of his Triall moving very much for Councell but after he had used many Arguments to perswade the Court to incline to it and could not have it he desired the Court to be the Councell for him and take care of his Life and not suffer him by his own ignorance to weave a web for his own ruine and destruction After much said of this nature he pleaded not Guilty the which being entred in the Book they proceeded to the Triall Attorney General The Attorney Generall began with a long speech how Master Gibbons had plotted and contrived these Treasons named the Meetings and the places where he said it began presently after the late Kings death under the pretence of getting the King to Scotland but the truth was they intended to settle him upon this Common-wealth And further that he the said John Gibbon as a false Traitour and out of a malitious and wicked purpose and designe to raise insurrections in this Nation did severall dayes and times in the years 1648 49 50 and 51. and at divers other times and places within this Common-wealth together with Chistopher Love Piercy Jermin Massey c. and other their Complices being false Traytours to this Common-wealth trayterously and malitiously Complot Contrive and endeavour to raise Forces against this Common-wealth settled in way of a free State without King or House of Lords and for the subversion of the same did raise and collect divers great summes of Money and did hold intelligence by Letters Messages and Instructions with CHARLES STUART sonne of the late King and with the Queen his Mother and divers other persons being false Traitours to this Common-wealth And further he the said John Gibbons together with Christopher Love William Drake Peircy Jermin c. and other their Complices since the death of the late King severall dayes and times in the years aforesaid within this Common-wealth of England and elsewhere did traiterously and malitiously declare publish and promote CHARLES STUART son of the late King commonly called the Prince of Wales to be King of England meaning of this Common-wealth And further to carry on the said Designe he the said John Gibbons severall days and times in the respective years afore-said together with Christopher Love William Drake Peircy c. did endeavour to procure the Scots to invade this Common-wealth of England And further that he the said John Gibbon on the 6th of Aprill 1650. and on divers other dayes and times between the 29th day of March 1650. and the first day of June 1651. at London and elsewhere did give use and hold correspondence with the said CHARLS STUART son of the late King and the Queen his Mother Jermin Peircy c. And further to
accomplish the said Designes he the said John Gibbon on the 6th day of Aprill 1651. at the places afore-mentioned did hold and give correspondence and intelligence with divers persons of the Scotish Nation as Argyle Lowden Lo hian c. Enemies to this Common-wealth and adhearing to the King in the Warre against them And further the said John Gibbons did traiterously and malitiously abbet assist countenance and incourage the Scotish Nation and divers other persons adhearing to them and did convey great sums of Money Armes and Ammunition into Scotland and elsewhere All which wicked practices and designes of him the said John Gibbons were against this Common-wealth Parliament and People and in manifest contempt of the Lawes of this Nation and Acts of Parliament and in such cases made and provided After he had ended the Witnesses were called in the first was Major Adames the second Colonell Barton the third was Captain Hatsell the fourth Colonell Baines the fifth Major Alford the sixth Captain Farre the seventh was Master Jekell the eighth was Major Huntington the ninth Master Harvey the tenth was Major Corbet Adames being first examined his testimony was to this effect Adames Testimony That the Correspondency of John Gibbons with the rest above-said was to endeavour an Agreement between the King and the Scots the first Meeting was at the Swan in Fish-street where Master Gibbons was at that place there was only a consideration how to carry on the Correspond ncy There was also a Petition to be sent to the King as I was informed and the meeting in this place was in reference to that also There was Letters written to Scotland and some received thence which Mr. Gibbons was privie to After Master Drake went away we met at Master Loves house where Master Gibbons met also there were Letters read and I think Master Gibbon did hear them and did confer about them the Letters sent to Jermin Peircy c. at one time or other Master Gibbons was present and heard them read This was before Titus his going away Then after there were Letters sent from the King which were read at Master Loves house where M ster Gibbons was present and heard them read Master Gibbons brought likewise a rough draught of the instructions that were to go to Holland A so there was a Letter read at Master Loves from Alderman Bunce where Master Gibbons was present Also a Letter after Dunbar Fâ—ght from Scotland relating how Affairs stood there and that Letter as I remembeâ— was for Armes and Money was read at MasterLoves house where Master Gibbons was present at the reading of it Master Gibbons was a constant man at all Meetings A Letter sent from Massey read at Mâ—ster Loves for Armâ—s and Money M. Gibbons was present and three or four hundred pounds agreed to be sent A Letter was written to the Estates of Scotland to procure Massey and the English to be in estâ—eme Master Gibbons sometimes acquainted me where we were to meet Lieutenant Col. Baines Testâ—mony A little while after the death of the late King there was a Meeting at the Swan at Dowgate where severall persons were but whether M. Gibbons was there I know not but Captain Titus was there and gave a large commendation of the young Prince and moved that a Petition might be drawn up and sent to the Prince from the Presbyterian party here there was a debate upon it and this designe was looked upon as the onely visible way to preserve the Presbyterian party and to bring the Prince to the Crown Colonell Bartons Testimony A while after the death of the late King I was going into Cannon-street and at Dowgate I met with Will Drake who desired me to meet him at the Swan at Dowgate when I came there I found Capt. Titus Leiut. Col. Bains and divers other persons I believe M. Gibbons was not there I came in while they were in discourse and I could not well hear them but at their rising I asked M. Drake what was the occasion of their Meeting and he told me that Capt. Titus had given a good report of the Prince and did desire that some addresses might be made to him that thereby he might be taken off from his Cavaliering Councellors After a while William Drake came to me for 10l which he said was to furnish a friend of his which did want an 100l he desired I would not deny him and because he was a good Customer to my house I did lenâ— it him and after I heard it was for Capt. Titus As for the Prisoner I think he was not at the Swan at Dowgate for I did not know him till afterwards Major Alfords Testimony At the Meeting at the Swan at Dowgate where divers were Captain Titus made a large Narration of the Princes deportment declaring how inelineable he was to cast off his Cavaliering adherents if he were but assured there was a People in England that stuck to their Covenant he was weary of his other Councels and was ready to apply himself to the ends of the Covenant A Petition was brought to the Bear in Bread-street where it was read and dâ—bated among us and agreed to be drawn up and Capt. Titus and Drake were sent away with it I doe not remember that Master Gibbons was at either of these Meetings There was Money raised for Titus Drake had 10l of me he had it in private Capt. Titus had 30l for his Journey He went over twice I think and if so the second time Master Gibbons was there the second time I saw Master Gibbons he brought me to his Chamber and the third time he and I went with some Papers to Gravesend agreed on at Master Lovâ—s These Papers were either a Commission or Instructions or both together in one but this was the substance That the Lord Willoughby and others should go to the Treaty at Breda and to presse the King concerning this Agreement with Scotland Master Gibbons was at Master Loves house when the Commission and Instructions were agreed upon he and I went to Gravesend and I think he carried the Papers but of this I am sure that he knew the end of our going we tarried there all night and delivered the Papers to M. Mason I did goe to Callice when I came back but I doe not know whether the Papers that I brought over being read at Master Loves house were read all at one time or not if they were then Master Gibbons was there I was present when the Letters came after Dunbar Fight at M. Loves the Letters came from Col. Massey they gave an account of the Fight there and of the estate of Affaires and withall writ for Money and Armes to be sent by way of Holland I cannot say M. Gibbons was present There was Money agreed upon there to be raised for Massey and Titus M. Gibbons was many times at the Swan at Dowgate he was constant at the Club But after M. Drake fled we did take