A TRUE AND EXACT RELATION OF The Arraignment, Trial, and Condemnation OF Tho. Tongue, George Philips, James Hind, Francis Stubbs, John Sallows, Nathaniel Gibbs. FOR High Treason: AT THE SESSIONS-HOUSE IN THE OLD-BAILY ON Thursday the 11th. of December 1662. Being a full discovery of the whole Plot. LONDON, Printed in the Year 1662. The proceedings at the Sessions-house in the Old-Baily on Thursday the 11th. of December 1662. 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 filips 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 Majesty's Reign did traitorously imagine and intend the kill 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, etc. To which they all (except James Hind, who pleaded guilty, and begged mercy) severally pleaded Not-guilty, and for their Trial, put themselves upon God and their Country. 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 before they be sworn. These are the names of the Jury that were allowed by the prisoners. Edmund Butlen, Clement Punge, George Dixon, Pain 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. Sir Edw. Turner. 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 Sergeant Maynard enforced it at large, and afterwards Sir Jeffery Palmer pressed it. Several witnesses were sworn, and first one Parson Hill spoke 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 Leadenhallstreet, there was one Hind, there they told us what their intention was, that all the fanatics 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 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' brother who came to us afterwards, and then this Gibbs at the Bar told us that the Council was broke up already: the time to be Alhallontide for the rising, Ludlow to be General. Mr. Rigs and I met Mr. Philip's at the Exchange that Sunday the Trained Bands dispersed the private meeting in Thamestreet, and Philip's wished 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 suddenly there would be more. Sir Hen. Finch. Did Tongue tell you of one Strange that was gone into the Country. Yes he did, and said at his return he should know more of the business. The Counsel. 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. Council. Did you tell him what time the Insurrection would be. No, only he expected to hear it from Strange Council. 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 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. Council. 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-cross, and another by the Cockpit, 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 Whitehall; and at Blackfriar, 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. Council. was any other way spoke of? No Sir. Council. 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 Arms was delivered in Crooked-Friars, and theodore would be there some few days after: Tongue 〈◊〉 Phillips would be sure to get the Word, and betra● 〈◊〉 Trained-bands of the City of London. Council. 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. Council. What said they of their Council? They spoke 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 Blackfriars, several Pistols were sent down. Council. Was not Mr. Tongue nor Mr. Phillips there? No Sir. Council. What know you of other Counties, as of Kent and Derby? Tongue told us, one Colonel Kendrick was faithful, and promised some Arms. Sallowes replied, For my part, gentlemans, I do abhor this that is laid to my charge; I am sure he did not hear me say Arms 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 Lie he told me. Parson Hill. 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. Sallowes. I declare he never saw me until I was apprehended and brought before Sir Richard Browne. Court. Hath any of the Prisoners any questions to ask? Sallowes. Will he positively say he spoke with me upon the Exchange. Mr. Hill. No I did not, but I heard you give that answer to Mr. Riggs when he went to demand thirty Arms. Sallowes. Did you hear me? Hill. Yes Sir. Sallowes. Who was there? Hill. It was upon the Exchange, it was full. Sallowes. What day? Hill. I cannot remember the day. Sallowes. 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. Hill. Mr. Adjutant knows when he went to take him, it was myself that showed him this man, and surely I could not then know him if I had not seen him before. Sallows. I do abhor to act against the King; I have born all Offices in the Parish, my Neighbours can testify it, that I have quietly behaved myself. Sir Robert Foster. Have you any more questions to ask him? Stubbs. I do here deny what this man lays to my charge, it is very false, and I believe none will prove it. Gibbs. 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 Country, I am sure I abhor it. Stubbs. 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. Sir Orlando Bridgeman. 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 lose not your time now. Gibbs. I desire he would answer my question, whether I said I received or delivered Pistols to any for such an end. Hill. I do not say he did, but in his company it was said, several Arms were sent to Dorsetshire; I confess I said I had Arms and money for that end, but I know some of this Court are acquainted with the grounds of it. Gibbs. 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. Sir O. Bridgeman. Truly you wrong yourself Mr. Gibbs, you may spend this time better, ask him some questions now, and say what you will for yourself by and by, you shall have all fair liberty, but go in a right way. Council. Who said the King must have ludlow's quarter, and who was there? Hill. It was spoken in Blackfriars, Gibbs was in company. Gibbs. Who was there besides yourself? Hill. And it please you, there was Mr. Riggs, and Mr. Gibbs, and some others. Tongue. Pray who was in company also when I was in company with Mr. Gibbs? Hill. I do not say you was in his company. Tongue. Who was by when I talked of the three hundred men at Windsor? Hill. Sir, it was at your own house, there was myself, one Mr. Ward, Mr. Stubbs, Mr. Riggs, and Mr. Hind. Sallowes. Mr. Hill, was I one of the Council of forty or the Council of six. Mr. Solicitor. He did not charge you with any such thing. Edward Riggs was sworn. Edw. Riggs. 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 Sergeant 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 Custom; 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 Council of six; he said he knew not their names, but judged Captain Elton was one of them. Mr. Solicitor. Was you at any meeting where the securing of the King was discoursed, and altering the Government, and who was there? Mr. Riggs. On the 24. of Octob. there was a discourse about securing Whitehall, 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. Mr. Solicitor. 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. Mr. Riggs. 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 Whitehall through the Privy-garden Mr. Phillip's once said, there was three hundred Arms 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. Mr. Solicitor. Was not you upon the Exchange with Sallowes once, what did he say to you there? Mr. Riggs. Mr. Hill telling me a few days before, that he had 200 l. to bestow in this business, and that he wanted Arms; 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 days more would come in. Mr. Sol. Did Hill see Mr. Swallows upon the Exchange? Mr. Riggs. Yes, we stood close together. Mr. Sol. What have you to say touching Nath. Gibbs at the Bar? Mr. Riggs. 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 Council of six is broken up, and all is ready, and Alhallontide is the time, Ludlow is our General, and Messengers and Arms are sent into the Country. Mr. Solicitor. Did you ever hear any thing of the Popish Massacre? Mr. Riggs. 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. Mr. Solicitor. Did you ever hear of any rising by the Papists? Mr. Attorney General. What said they about surprising the King? Riggs. Phillip's 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. Sir Orlando Bridgeman. Prisoners, ask them what you will. Phillip's. 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. Riggs. 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 myself were together. Mr. Solicitor. What about the getting into the Privy-garden? Riggs. Mr. Baker told us, he knew the way to the back-stairs through the Garden, and Bradley said so too, Mr. Stubbs, Mr. Hill, and Mr. Tongue with others were present. Sir J. Maynard. 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. One Mr. Bradley was sworn. Sir J. Maynard. This Mr. Bradley was not in the design, only employed to give notice thereof, and find it out. Mr. Gibbs. Mr. Riggs, did you hear from me that Ludlow was in Town, or that the design went forward. Riggs. 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 Council was broke up, and this was the News. Gibbs. I spoke not these words. Mr. Solicitor. Mr. Bradley, were you present when they discoursed about taking Whitehall? Bradley. 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-cross to surprise Whitehall; 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. Mr. Solicitor. What said they at other meetings. Bradley. Mr. Rigs and Mr. Hill told me, that Mr. Gibbs said the design was ready, that the Council of six was up, and notice sent into the country, and that Ludlow was to be Commander in chief. One Mr. Tyler was afterwards sworn. Who said, that he had often met Mr. Tongue and others at several times at Mr. Luns' at Widow Jourdans in Dukes-place, and they discoursed of securing Whitehall, 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 Soldiers were his friends. Mr. Phillips I met once at Captain foster's 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 Phillip's 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. Phillip's, and told him he was a base fellow to report such a lie of him, and then Mr. Phillips said, he neither knew of it, or said any thing like it. Mr. Solicitor. What said Mr. Tongue about the Counsel of six. Mr. Tylar. 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. Mr. Maynard. What said they of a Correspondency in the Country. Mr. Tyler. Please you my Lord, Mr. Tongue said the Lord Lockhart Governor of Dunkirk had thirty or forty servants and he and they would join, and that Mr. Rossiter was to head one thousand five hundred at Sturbridge, and spoke of one Captain Lee a stout man of his acquaintance. Mr. Solicitor. Say what you know. Mr. Tyler. 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 Council: Mr. Thomas in Shoo-lane, Mr. Elton, Mr. Raddon, Captain Spurway, Dr Ward and Mr. Jones a Minister. Mr. Maynard. What discourse was there concerning Leicester. Tyler, Mr. Hill said he dwelled there and came from some there, that there would be a rising, and one of Lambert's Soldiers was to carry notice down into the Country; 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 disturb them, that all should be united Anabaptist, Leveller, Quaker and all, Mr. Gibbs told us he had a Correspondence in the Country. 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. Sir John Maynard. My Lord, pray direct that Phillip's Confession be showed him; and being showed him he owned his hand, it was taken before Sir. Rich. Browne and was read, who said he knows one Parson Riggs a Brewer's Clerk near St. Katherine's who told this Examinant there was to be a rising for preservation of Religion, and to seize the King's person, the Frigate would revolt from the King, and said he was going to surprise Deal 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 says, 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 Guildhall would be secured, and that they would surprise 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 Country 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. Philip's used often to come on the Exchange, and endeavour to get the word of his officers. Mr. Philip's, I went there sometimes, but none will say I desired the word; it is true, I went to drink with some of the Soldiers, 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. Mr. Stubbs. As to the Council of 6. or 40. that Mr. Tyler spoke of, I know nothing of it at all. Mr. Gibbs. 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, shroud 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 always lived peaceably; my neighbours will justify it; and here is a Certificate under their hands. Mr. Tongue. I have nothing to say, only that Mr. Tyler was the first man that brought me into this business. Mr. Sallows. 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 only charged with a report. Serj. Maynard. One speaks to the number delivered, and the other speaks to the thing; what more clear? Sir Robert Foster. What made you, Mr. Riggs, go to Mr. Sallows about Arms? Mr. Riggs. Mr. Sallows told me there were some delivered, and would be more, and Mr. Hill wanting some, we went to him. Court. What made you inquire about Arms? Sallows. I did not inquire, but I was told it by Mr. Watlot in Mark-Lane, and that I told to Mr. Riggs. Mr. Tongue. They are not competent witnesses, being guilty of the same. Sir Robert Foster. 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 neighbour's hands, to testify his good conversation, but it was not accepted. Mr. Solicitor. 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 filips 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 surprising 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 ludlow's 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 lie 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 Council 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 inquire about blood, and the blood of Princes, and of Religion. Put all together, and you have enough for a Verdict against them. Sir Robert Foster. 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, only said he desired the mercy of the King. And Philip's 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 show him mercy. And Hind said he had declared all already, and humbly begged mercy of the King. Sir Robert Foster. Tongue, Philips, Hind, 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 Country hath brought you in guilty. I find but little sense of sin in five of you. This came not from you yourselves, 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 honour 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 carried 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. FINIS.