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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

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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
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 more would be there within two or three days Sallers That which I said to Riggs was the Message I received from Wapshot but that I inquired and there was no Arms there so that it was but a fallacy For I advised him not to meddle with any such thing Mr. Hill never saw my face till I was apprehended upon the Exchange and brought before Sir Richard Brown Hill I saw him upon the Exchange with this man Riggs Council Did he say that any Arms were delivered before and what number Hill About five or six hundred Sallers He never heard me speak a word Council How long before he was apprehended Hill Never but that time with Riggs upon the Exchange about nine days before his apprehension and he confessed upon his examination That he did see me with Riggs Court Have you or any other the prisoners any questions more Sallers I have more Whether he will positively affirm that he spake with me upon the Exchange Hill No Sir you answered the question to Riggs Council You heard the answer Hill Yes Sir Sallers May be at the second hand Council Did you hear the prisoner answer it or had you it at the second hand Hill I heard it from Sallers himself answering Riggs Sallers Did you hear me Hill Yes to Mr. Riggs Sir Hen. Finch He swears it and you wonder at it and so we do all Sallers Who was there then Hill It was upon the Exchange when almost full Sallers What day of the moneth Hill I cannot remember the day Sallers I do declare before this Honorable Bench Gentlemen of the Jury and this great Auditory That I never saw this mans face till I was apprehended That which I told Mr. Riggs was what I heard Wapshot say I never till then saw this mans face nor exchanged one word with him whereas he sayes he heard me I do not believe Mr. Riggs saw him near me when I gave him the answer Hill Seeing he doth invalidate my Testimony Mr. Adjutant Carent took him upon the Exchange I shewed him the person and therefore certainly I must see him before Sallers It was not he but the other in the white cloaths that came and took me that knew me Court Will any of the rest ask him any question Sallers Here is that that I am accused of That I delivered Arms which is altogether false my Lord Major can bear witness Wapshot confessed he told me such a thing I did ever abhor any such thing I was always serviceable to His Majesty upon all occasions and all times my neighbors can witness my civil conversation Court Have you any thing more to ask him Sallers I would fain know whether the Bench and Jury are satisfied with this Evidence Court That you will hear anon What else will you ask him Stubbs What he accuses me you have all heard I do in the presence of God and this Honorable Bench and the Jury deny it for it is very false and believe none will verifie the same upon Oath Court Have you any questions Gibbs We all stand in the presence of God and I am very conscientious of what I say and do I must give account of all things before the Lord. This Gentleman Mr. Hill has asserted concerning me That I should deliver divers Cases of Pistols or knowing the delivery of them if Mr. Hill who stands likewise in the presence of God can produce any man to prove That I delivered to any man any Pistols or that any were so delivered by my order or that I conveyed or sent them away into the Countrey Do this in the sight of the Lord and his own conscience I expect not mercy But I would have him speak no more of me but what he knows of me or by me whether he knows I ever received any Pistols or delivered any at any time for such an end as he is pleased to speak Which my Soul abhors and God can witness Stubbs This Mr. Hill was the man that mentioned this and that he had four Horses and Arm● himself and had Two hundred pound in order to it I was never any plotter nor contrived any thing but am as innocent as the childe unborn but being by an accident at Tonges house a Strong-water-man ask the other witnesses whether he speaks truth Sir O. Bridgman I would put you in a right way you shall be all heard at large when you make your defence But will you ask him any questions Gibbs I propounded one I desire an answer Whether I received or delivered any Pistols to such a use Hill I did not say he did but at that meeting at Black-Fryers it was discoursed among them That several Arms were sent to Dorsetshire to several friends there and he was there then I believe he cannot deny it Stubbs There was Arms spoken of but that man Mr. Hill spoke of them and upon this consideration That there were Arms delivered to every Hall Ammunition and Powder Riggs knows he spoke it at that time Hill Sir that was spoken after the question was put What was the occasion of sending the Powder and Ammunition to the Halls These Arms were spoken of in reference to the design I do acknowledge I told them I had some Arms my self and said I had Two hundred pound for carrying it on and I know the grounds of my speaking and so do some of this Honorable Bench. Stubbs Hill advised that they fall upon Sir Richard Brown as an enemy to all honest-men Gibbs This Hill says that I should say these things There was more there and had ears as well as he let them speak Hill There was Riggs Stubbs my self and I know not the other names Gibbs This Hill and Mr. Riggs whose face I never saw came to my neighbors-house where I was alone found me plotting with no man Hill We were brought into his company by one Beazley he had been at Tower-hill about two or three a clock to give some intelligence to some persons there about the design Riggs and I took a Coach and went after him and Stubbs told us we might meet him at a Bakers house near the Tower We found Beazley and he said he could not signifie any thing to us but would carry us to Black-Fryers