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.

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

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

Did you tell him what time the Inſurrection would be.

Did you not hear ſomething of the Popiſh Maſſacre.

What do you know about taking Whitehall?

was any other way ſpoke of?

Did they ſay how great number was provided?

What did they ſay they would do to the King?

Was not Mr. Tongue nor Mr. Phillips there?

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

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?

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 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.

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?

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?

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.

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 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.

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 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.

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 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, 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, 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.

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:

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.