THe Court being set, Proclamation was made, the Grand-Jury sworn, and several witnesses also: After which the prisoners were comman­ded to be set at the Bar; viz. Tho. Tongue, George Phi­lips Francis Stubbs, James Hind, John Sallows, and Nathaniel Gibbs, being directed, severally held up their hands, and afterwards the Clerk of the Peace read their Charge, the Tenor whereof follows, That they the said Tho. Tongue, Philips, Hind, Stubbs, Sallows and Gibbs, together with several others as false Traitors to his Majesty, not having the fear of God before their eyes: 31. Aug. in the 14 year of his Majesties Reign did traiterously imagine and intend the killing and death of the King, and to alter the Government; and to that pur­pose did agree to go to Whitehall, there to seize the King, against the peace of his Majesty, &c. To which they all (except James Hind, who pleaded guilty, and beg'd mercy) severally pleaded Not-guilty, and for their Try­al, put themselves upon God and their Countrey.

They being again called by their names, were told, that the persons to be called, were to try them for their lives, if they would challenge any one they must do it [Page 4] before they be sworn. These are the names of the Jury that were allowed by the prisoners. Edmund Butlen, Cle­ment Punge, George Dixon, Paine junior, Bagrall junior, Gurney, Wil. Galer, Silverton, Wil. Dud­ley, Drake junior, Peak, Rob. Morris, being twelve.

Then the prisoners (except Hind) were again com­manded to hold up their hands, which they did, and the Jury were charged with them; their Indictment again read.

May it please your Lordships and Gentlemen of the Jury, there are five prisoners at the Bar stand indicted, and here he opened the Indictment: and afterwards Serjeant Maynard enforced it at large, and afterwards Sir Jeffery Palmer pressed it.

Several witnesses were sworn, and first one Parson Hill spake to the effect following.

That one Baker meeting him, invited him to drink, and asked him what news, who answered he had little; then Baker told him if he would stay he would tell him some, and told him that the King being lately abroad a hunting, he could have been one of the twenty that would have killed him; there is something on foot in the City, but I will bring some persons to you to inform you fully: and afterwards he and I and some of his acquain­tance went into Leadenhall-street, there was one Hind, there they told us what their intention was, that all the Phanatiques were agreed to get their deliverance from those at Whitehall; we met again Hind and Baker, and then they discoursed about securing Windsor Castle; that Tongue was said to be an active person, I was brought [Page 5] to his house, and there was Ward and Stubbs and others. Tongue told us of securing Windsor Castle and the Tower, I and some others met Gibbs at Bridewell, we looked for this Gibs's brother who came to us afterwards, and then this Gibbs at the Bar told us that the Councel was broke up already: the time to be Alhallontide for the rising, Ludlow to be General. Mr. Rigs and I met Mr. Philips at the Exchange that Sunday the Trained Bands disper­sed the private meeting in Thamestreet, and Philips wisht the enemy were up, and that a few would do their work, The next day we saw him, and he promised his help at the Insurrection. I was to have thirty Arms, and Sallows, when I came for them, told Mr. Riggs, that went with me to him, that they were all delivered, but suddainly there would be more.

Did Tongue tell you of one Strange that was gone into the Countrey.

Yes he did, and said at his return he should know more of the business.

What did he speak about the Tower of London and Windsor.

He talked of some service he had done at Windsor, that a Gunner there was his friend, and he had a great number of friends there. Tongue said he was an instru­ment in laying the plot for taking of Windsor-Castle.

Did you tell him what time the Insurrection would be.

No, onely he expected to hear it from Strange

Did you not hear something of the Popish Mas­sacre.

Yes, I received this letter from one of them, which was read, and to this purpose; That a Correspondent with the Papists, informed one that they intended to kill [Page 6] all the Protestants at Alhallontide: and therefore the Kingdom was desired to take notice of it, and to prepare, and called God to witness, it was not a trepan, but a truth; and that some thousands of these Letters were to be scattered about the streets.

What do you know about taking White­hall?

At a meeting with Browne and some others, Hind was there, and then we talked of it; but at Stubs house we discoursed fully about it and agreed, that a party should come down Charing-crosse, and another by the Cock-pit, and kill the Duke of Albemarle, and slay Sir Richard Browne; and Tongue said, they must look to the Trained-bands, or they did nothing: And they talked of getting into the Privy Garden to get into White-hall; and at Black-Friars, Stubs and Gibs at the Bar, they would be sure to make an end of Kings and Bishops, and so have a free Commonwealth, and be troubled no more.

was any other way spoke of?

No Sir.

Did they say how great number was pro­vided?

It was said by Mr. Stubbs, that many in Smithfield would be ready; And Sallowes said, the Armes was de­livered in Crooked-Friars, and the [...] [...]ore would be there some few dayes after: Tongue [...] Phillips would be sure to get the Word, and betra [...] [...] Trained-bands of the City of London.

What did they say they would do to the King?

They said, he should have no quarter but such as Lud­low should have; Gibbs, and Tongue, and Stubbs said this.

What said they of their Councel?

They spake of them, and named some of them, Dan­vers, Nye, and Cole a Southamptonshire Gentleman: They said, they had many friends several miles about, and said one Mr. Strange had provided a great number of Horse: They said they had four hundred friends in the County of Dorset ready to help them: They said at a Meeting at Black-friars, several Pistols were sent down.

Was not Mr. Tongue nor Mr. Phillips there?

No Sir.

What know you of other Counties, as of Kent and Derby?

Tongue told us, one Collonel Kendrick was faithful, and promised some Armes.

Sallowes replyed, For my part, Gentlemen, I do abhor this that is laid to my charge; I am sure he did not hear me say Armes was delivered, I am sure, I do appeal to your Lordships in that; but it is true, I might say to Mr. Riggs, that one Watshot told me some were delivered, but I prayed him not to meddle with such things, know­ing it dangerous; but afterwards he told me there was none so, it was a Lye he told me.

Indeed, my Lord, when I went with Mr. Riggs to the Exchange, this Mr. Sallowes told Mr. Riggs, they were all delivered, but there would be more.

I declare he never saw me until I was ap­prehended and brought before Sir Richard Browne.

Hath any of the Prisoners any questions to ask?

Will he positively say he spoke with me upon the Exchange.

No I did not, but I heard you give that an­swer to Mr. Riggs when he went to demand thirty Armes.

Did you hear me?

Yes Sir.

Who was there?

It was upon the Exchange, it was full.

What day?

I cannot remember the day.

I declare to you all, I did not see him, till I was apprehended: But that which I said to Mr. Riggs I heard Watshot say; this man never saw me, nor exchanged a word with me; Nay I do not believe Mr. Riggs saw him there.

Mr. Adjutant knows when he went to take him, it was my self that shewed him this man, and surely I could not then know him if I had not seen him be­fore.

I do abhor to act against the King; I have born all Offices in the Parish, my Neighbours can testifie it, that I have quietly behaved my self.

Have you any more questions to ask him?

I do here deny what this man layes to my charge, it is very false, and I believe none will prove it.

In the sight of the Lord, and in his own con­science, let Mr. Hill speak no more of me then he knows, he cannot say I received or sent any Pistols into the Countrey, I am sure I abhor it.

This Mr. Hill said he had four Horses, and two hundred pounds to buy things for this business: I was [Page 9] no Plotter, but am very innocent; but being once at Mr. Tongues house, I confess somewhat was said there by Mr, Riggs of this business.

First, if you will, you may ask him what questions you please, and afterwards you may make your defence, God forbid you should be hindered, but loose not your time now.

I desire he would answer my question, whe­ther I said I received or delivered Pistols to any for such an end.

I do not say he did, but in his company it was said, several Armes were sent to Dorset-shire; I con­fess I said I had Armes and money for that end, but I know some of this Court are acquainted with the grounds of it.

I did not in the least know of his coming and am sure did not send for him, I was not privy to any such plot.

Truly you wrong your self Mr. Gibbs, you may spend this time better, ask him some questions now, and say what you will for your self by and by, you shall have all fair liberty, but go in a right way.

Who said the King must have Ludlows quar­ter, and who was there?

It was spoken in Black-friars, Gibbs was in com­pany.

Who was there besides your self?

And it please you, there was Mr. Riggs, and Mr. Gibbs, and some others.

Pray who was in company also when I was in company with Mr. Gibbs?

I do not say you was in his company.

Who was by when I talked of the three hun­dred men at Windsor?

Sir, it was at your own house, there was my self, one Mr. Ward, Mr. Stubbs, Mr. Riggs, and Mr. Hind.

Mr. Hill, was I one of the Councel of forty or the Councel of six.

He did not charge you with any such thing.

About three and twenty weeks since I came acquainted with Mr. Tongue upon one Captains Bakers reporting him to be a man of great intelligence: Being at Mr. Tongues house I heard him say, he was at Windsor, with a Sargeant and Gunner, and they promi­sed the Castle would be ready upon notice. He told me he met a company, a pretty many, one Mr. Cole, Cap­tain Elton, Captain Leigh, and they often met, but they could not agree, and one Mr. Strange also met them: Mr. Tongue told me some considerations were drawn a­bout the government, and gave them me, and some pro­posals about Seamen; that they had great advantage in a Commonwealth; they were to declare against the go­vernment of the Church and State: that no Seaman should pay Custome; that care should be taken abroad and at home, that Seamen might not beg nor starve: Mr. Tongue named some others, but I forget them; he told me also, that there was a Councel of six; he said he knew not their names, but judged Captain Elton was one of them.

Was you at any meeting where the se­curing of the King was discoursed, and altering the Go­vernment, and who was there?

On the 24. of Octob. there was a discourse about securing White-hall, and of the Tower, and there was Mr. Hill the Parson. Mr. Tongue, Mr. Stubbs, Mr. Ward, and others.

At another time Mr. Tongue proposed, that when my Lord Mayor went into the Tower late at night, a Party might follow the Coach and seize on the Guard, and one Mr. Baker said, the King must be secured, and said, he would give no quarter.

Were you present when it was discoursed about taking of the Tower, or the King, or any thing of that nature? answer me in few words.

Octob. 24. I say, Tongue did propose the taking of the Tower as aforesaid; and Baker said, the King must be secured: Stubbs was present when it was agreed how to assault White-hall through the Privy-garden

Mr. Phillips once said, there was three hundred Armes in the Artillery, and he knew where they lay, and could tell them how to take them, and that the Word was ne­cessary, which he doubted not to get.

Was not you upon the Exchange with Sallowes once, what did he say to you there?

Mr. Hill telling me a few dayes before, that he had 200 l. to bestow in this business, and that he want­ed Armes; I told him one Mr. Sallowes told me, there were some to be delivered, and so we both went to Mr. Sallows one day upon the Royal Exchange, and then he told me there was some delivered the night before, and forty went away lacking, but within two or three dayes more would come in.

Did Hill see Mr. Swallows upon the Exchange?

Yes, we stood close together.

What have you to say touching Nath. Gibbs at the Bar?

I brought Mr. Hill acquainted with him, we went with one Stubbs to Mr. Buseley at Fleet-bridge, and then we all went to this Mr. Gibbs, and this Mr. Gibbs told us, that he knew no news, but his Brother did, and he would send for him, but he was not at home; by and by he came to us, and he speaking to this Mr. Gibbs and Stubbs went away again; but afterwards this Gibbs said, if you are honest this is the news, now the Councel of six is broken up, and all is ready, and Alhallontide is the time, Ludlow is our General, and Messengers and Armes are sent into the Countrey.

Did you ever hear any thing of the Po­pish Massacre?

There was a Lieutenant upon the Exchange told me of it, and gave me a copy of a Letter to that purpose, and Mr. Hill had a copy of it, and was lately read.

Did you ever hear of any rising by the Papists?

What said they about surpri­sing the King?

Phillips said, the King was to come to see his Mother at Greenwich; and Tongue said, there might be an opportunity twice a week to surprise him.

Prisoners, ask them what you will.

Mr. Riggs, you know you met me in Cheap­side, and I went towards Birchin-lane with you; you told me of a rising to surprise the King: Mr. Riggs had me to Tongues, and there told me the reason why the time was not appointed, for it was, because all parties were not agreed; And, Mr. Riggs, did not I disclaim it, and said, I would not meddle with it.

Some time after, he said, he would not meddle with it; but Captain Baker said, that the King came through the City, and proffered to be one of the fifty to surprise him; Mr. Hill, Mr. Bradley, and my self were to­gether.

What about the getting into the Privy-garden?

Mr. Baker told us, he knew the way to the back­stairs through the Garden, and Bradley said so too, Mr. Stubbs, Mr. Hill, and Mr. Tongue with others were present.

These Witnesses have given evidence against them all; if the Jury are unsatisfied they would do well to declare it. But there is Mr. Bradley also to be sworn, let him speak.

This Mr. Bradley was not in the de­sign, only imployed to give notice thereof, and find it out.

Mr. Riggs, did you hear from me that Lud­low was in Town, or that the design went forward.

When Mr. Hill, Mr. Stubbs and another were with you, you said you knew nothing, but your Brother did, and said, when you had spoke to your Brother, that Ludlow was in Town, that the Councel was broke up, and this was the News.

I spoke not these words.

Mr. Bradley, were you present when they discoursed about taking White-hall?

I was at Mr. Tongues house, and there was many there; some said, a Party must surprise the Duke of Albemarle, and his Guard, and that a Party might go by Charing-crosse to surprise White-hall; but I am [Page 14] sure Mr. Tongue said it was not safe to go that way, be­cause two Guns stood in defence of that way; but said, if they could get into the Privy-garden it were better.

What said they at other meetings.

Mr. Rigs and Mr. Hill told me, that Mr. Gibbs said the design was ready, that the Councel of six was up, and notice sent into the countrey, and that Lud­low was to be Commander in chief.

Who said, that he had often met Mr. Tongue and o­thers at several times at Mr. Luns at Widdow Jourdans in Dukes-place, and they discoursed of securing White-hall, the King, Duke and Nobles, and one of them said he had a friend in Court would give them notice of a fit op­portunity: Mr, Tongue said, he would secure the Tower, and that by a Gunner at Windsor the Castle would be delivered him, that the Souldiers were his friends. Mr. Phillips I met once at Captain Fosters with one Mr. Chapman, and there he talked much of Ships, I un­derstood him not. Mr. Chapman told me this Phillips lived in Abchurch-lane: And one in Southwark told me, that Phillips said Mr. Foster was engaged, but after­wards, I telling Mr. Foster of it, he was much troubled, and declared he abhorred any such act, and seemed so much troubled, that truly he went presently to Mr. Phil­lips, and told him he was a base fellow to report such a lye of him, and then Mr. Phillips said, he neither knew of it, or said any thing like it.

What said Mr. Tongue about the Coun­sel of six.

He was to meet once at the Shears, not coming he sent a note and mentioned nine of the late Parliaments names now in the Tower to set as members of their Parliament and said they would do good ser­vice.

What said they of a Correspondency in the Countrey.

Please you my Lord, Mr. Tongue said the Lord Lockhart Governor of Dunkirke had thirty or forty servants and he and they would joyne, and that Mr. Ros­siter was to head one thousand five hundred at Stur­bridge, and spoke of one Captain Lee a stout man of his acquaintace.

Say what you know.

One Mr. Cole, Gibbs a Hatmaker, Mr. Elton, Mr Tongue and Mr. Pryor was speaking that all interests were united; and these are the names of the Councel: Mr. Thomas in Shoo-lane, Mr. Elton, Mr. Raddon, Captain Spurway, Dr Ward and Mr. Jones a Minister.

What discourse was there concerning Leicester.

Mr. Hill said he dwelt there and came from some there, that there would be a rising, and one of Lamberts Souldiers was to carry notice down into the Countrey; Mr. Tongue said that the old Parliament that had been faithful should be chosen again, that none should elect or be elect, but such as had been faithful, that the house should be filled within a month, That there should be liberty of Conscience, That it was Trea­son to disturbe them, that all should be united Anabap­tist, Leveller, Quaker and all, Mr. Gibbs told us he had a [Page 16] Correspondence in the Countrey. That in Essex was many Horse, and others said there was a great many at Bristol.

And others there said Colonel Templar had two or there thousand men ready, and that one Thornely told me the Country did fear a Massacre by the Papists.

My Lord, pray direct that Phillips Confession be shewed him; and being shewed him he owned his hand, it was taken before Sir. Rich. Browne and was read, who said he knows one Parson Riggs a Brewers Clarke near St. Katherines who told this Examinant there was to be a rising for preservation of Religion, and to seize the Kings person, the Frigat would revolt from the King, and said he was going to surprize Deale Castle, that Mr. Riggs told him all the Congregational Churches were agreed, that Riggs told him there was a Declara­tion against Common Prayer, And this Examinant sayes, that Mr. Bradley, Mr. Tongue, and Mr. Baker know of all this design, and that Riggs said there would be great help with Money, and the Treasury at Guild-hall would be secured, and that they would surprize the Tower.

Sir. Will. Morrice said, that he had Intelligence that that there was to be a rising, and that the disaffected par­ty in the Countrey reported the Papists would massacre the Protestants.

Sir. John Talpott said, that upon this fear of the Mas­sacre there was a strict watch the Papists disarmed, and many Gentlemen of quality very much censured.

And another said, that in Dorsetshire a discovery was made of a design to rise, that several were taken into custody.

[Page 17]Major Boufoy said, that Mr. Philips used often to come on the Exchange, and endeavour to get the word of his officers.

I went there sometimes, but none will say I desired the word; it is true, I went to drink with some of the Souldiers, and that was all; and as for Capt. Foster, I know nothing in the least of him, only I was once at his house, and there we were talking of ships, but he walked and minded us not; Mr. Riggs knows I said I would not meddle with this business.

As to the Council of 6. or 40. that Mr. Tyler spoke of, I know nothing of it at all.

My Lord, I told no man of any Arms delivered, or of any rising, I was ignorant of this; I speak in the presence of God, to whom I must give account; but they being guilty themselves, shrowd themselves this way; none can prove I delivered any: When the insurrection of the Fifth-Monarchy men was, I ventured my life for his Majesty, and alwayes lived peaceably; my neighbours will justifie it; and here is a Certificate under their hands.

I have nothing to say, onely that Mr. Tyler was the first man that brought me into this busi­ness.

I am charged that I should say, Arms were delivered, and more would be; Mr. Watshet told me such a thing, but I delivered none; I can have te­stimony [Page 18] of my civil conversation; I am onely charged with a report.

One speaks to the number deliver­ed, and the other speaks to the thing; what more clear?

What made you, Mr. Riggs, go to Mr. Sallows about Arms?

Mr. Sallows told me there were some delivered, and would be more, and Mr. Hill wanting some, we went to him.

What made you enquire about Arms?

I did not enquire, but I was told it by Mr. Watlot in Mark-Lane, and that I told to Mr. Riggs.

They are not competent witnesses, be­ing guilty of the same.

Mr. Bradley and Mr. Hill did no­thing unjustifiable; they are good witnesses, and the other in this case is also good; you mistake to say they are not good witnesses, for in works of darkness none are better than such as are concerned; but besides this, there were divers other circumstances; and these are good by the Statutes of the first of Edward the sixth, and the fifth of Edward the sixth.

You are a chief Leader in it; and if a man be but present when Treason is spoke, and he approves of it, [Page 19] and doth conceal it, he is guilty of the same Treason.

Mr. Gibbs produced a Certificate under some of his neighbours hands, to testifie his good conversati­on, but it was not accepted.

May it please your Lordship, and you of the Jury: The five Prisoners at the Bar; there is a clear proof against them, there are four Witnesses against Mr. Tongue, and they say he knew of the design, and contrived it, and said he could secure Windsor, and would endeavour White-Hall, and o­ther evidences to like purpose: He consulted about it in his house, and expected the word from Philips. What better proof than this? And then Philips he promised to betray the Artillery Arms, and to get the Word, and sent notice to the meetings to be gone. And Stubbs was present at the discourse of surprizing the Tower and the King, and asked Mr. Hill whether he had Arms; it seems he enquired about it what strength there was; and when he was present it was said the King should have Ludlows Quarter, but they deny all. And Gibbs tells you, That God is a righte­ous Judge, and these Witnesses are false. You heard the Relation about the Letter concerning the Papists, where they call God to witness it was true; and they will not scruple to tell as bad a lye at the Bar. Gibbs saith; He can give good testimony of his conversa­tion. He said he knew nothing. But this is the news after he had spoken with his Brother, the Councel was up, Ludlow was to be the General, and all was ready, Sallows he saith, the Witnesses do not agree, [Page 20] because but one speaks to the number, though they both agree in the matter. Riggs came to a very fit person to know about Arms, when he went to Mr. Sallows, because Sallows told him before there were some delivered. You see there are four Witnesses a­gainst Tongue, and two a piece against the rest: We have cause to thank God it wens no further; it is plain that this evil spirit went through the Nation: You are to enquire about blood, and the blood of Princes, and of Religion. Put all together, and you have enough for a Verdict against them.

You of the Jury, you understand the nature of this business, and the mischievous con­sequences; the Witnesses are unquestionable They all agreed to kill his Majesty, and to alter the Govern­ment: These are boughs that must be cut off, for they are fit instruments to set up a Jack Straw, and a Wat Tyler. One of their own company hath confessed the fact; but go together, and consider of it.

Then the Jury went together; and when they had spent some time in the debate, they brought their ver­dict, and the several Prisoners standing at the Bar, were commanded to hold up their hands; and the Ju­ry being demanded, they said, They were all guilty of the High Treason that they stood indicted for.

Then Tongue being asked what he could say why Judgement should not pass, onely said he desired the mercy of the King.

[Page 21]And Philips being asked the same, prayed the mer­cy of the King.

And Stubbs begged mercy, and said he was drawn in.

And Sallows also begged mercy.

And Gibbs begged that God would put it into the heart of the King to shew him mercy.

And Hind said he had declared all already, and humbly begged mercy of the King.

Tongue, Philips, Hinde, Stubbs, Sallows, and Gibbs, you have been indicted for a very great crime, The sin of High Treason, that is not to be equalled in the World: You have been arraigned, and your Countrey hath brought you in guilty. I find but little sence of sin in five of you. This came not from you your selves, and you would do good service to discover the rest. You desire mercy, but what mer­cy would you have had, that would have killed so many souls? Be sorry for your sins; you know the good counsel, Fear God and honor the King, and meddle not with them that are given to change; but if you will commit sin, you must expect punishment. There is nothing but the Judgement of the Court, and that is this:

[Page 22] That you all six be carryed back to the place whence you came, and from thence shall be drawn in a Hurdle to the place of Exe­cution, and there you shall be hanged up by the neck, and your Members shall be cut off, and your Entrails to be thrown into the fire while you are living, and your Head to be cut off, and your bo­dy to be divided into four quarters, and your Head and Body to be disposed off by the King: And the Lord have mercy upon your Souls.