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A63178 The tryal of John Giles at the Sessions-House in the Old Bayly, held by adjournment from the 7th day of July, 1680 until the 14th day of the same month the adjournment being appointed on purpose for the said Giles, his trial for a barbarous and inhumane attempt to assasinate and murther John Arnold. Giles, John.; England and Wales. Court of Quarter Sessions of the Peace (London) 1681 (1681) Wing T2192; ESTC R24640 35,802 58

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of the House all the while Will. Richmond No Sir I was not out of it Record And you are sure that you did not see him again till he came to your door going to Bed Will. Richmond Yes Sir Record What time was that Will. Richmond Nigh One. Mr. Thompson You see the Contradiction between this and what this Fellow says upon his Examination where he says he was a-bed at Nine a Clock Record Where did you go at that time Will. Richmond We went to Long-lane to one Philpots and she told us her Husband was gone to Exercise at the next Church I do not know the Churche's Name and there we went and looked upon the Souldiers but did not see him We came back to his House again and the Gentlewoman gave us a Tankard of Beer or Ale And after that we went back and we had a mind to make sport with a Countrey Fellow we had with us and went into Whetstones Park from thence we went to the Helmet in Drury-lane Record You went to Whetstones-Park and what did you spend there VVill. Richmond Six Pence and he paid it Record Whether did you go from thence Will. Richmond Into Drury-lane Record How long did you stay in Drury-lane VVill. Richmond It was not long Sir about an hour Record Where after that VVill. Richmond From thence to the Peacock and staid till Eight or Nine Record Who did you meet withall between your going from the Helmet in Drury-lane to the Peacock Will. Richmond We met with one Powel and another and one Elizabeth Edwards Record What did you drink there Will. Richmond We did drink both Ale and Brandy Record Well said how long did you stay there VVill. Richmond We staid there a pretty while an hour or more or two hours Record What time of Night was it that you went from thence VVill. Richmond About Eight or Nine Record And then you went to your Lodgings VVill. Richmond Yes Record Did you Drink at the Kings Arms VVill. Richmond No we drank not all together Record And there you stay'd till Twelve or One a Clock Will. Richmond Yes Record But can you remember as near as you can guess what time was it you saw this Maid making of the Bed Will. Richmond I cannot say positively but I judge it was about Twelve a Clock Mr. Thompson As to that Circumstance of his coming home at Twelve at Night desire Mr. Arnold to give an Account of his Examination what time of Night he came to his Lodging Mr. Holt Do you believe that is John Giles's hand Record That is a Copy Mr. Arnold He did confess before a Justice of the Peace that he was at his Lodging at Ten a Clock This I heard him say and I believe he won't deny it and I heard him own this Examination my Man will prove it Prisoner Deny it Yes I will deny it there was no such word said I did say Mr. Arnold I went to Bed then Att. Gen. The Jury must take notice of this That upon his Examination he says he came home by Nine which is before the thing was done but by proof he did not come in till Twelve which was after the thing was done Mr. Holt We will give you now Gentlemen an Account of this Mans Principles Record This is the business Richmond says They came together to their Lodging before Night but he left him at the Kitchin-Fire and went into another Room to drink with some company and this Mr. Richmond says his Bed was not made till Twelve a Clock and that he himself went to Bed about One of the Clock and that he heard the Prisoner at the Bar while he was pulling off his Breeches call to him and therefore he took notice of that as a Circumstance that he does particularly remember he did not go to Bed till that time and he says he did not stir from that place after Nine a Clock Mr. Thompson There is a Contradiction in that Record There is no Contradiction The other Witness says that he came along with him at Nine a Clock Mr. Thompson I will tell you where this is a Contradiction Att. General He says he came to the House at Nine a Clock but he came not to Bed till after One. Record The Evidence does not go so far Richmond says they came to the Kings-Arms and left him in the Kitchin at Nine a Clock and he went into his Chamber and staid up till One and all that time he did not come to Bed Mr. Thompson So far it lies upon him to give an Account where he was between Nine and Twelve Bridges Mr. Holt Heark you Sir have you had any Discourse with Giles concerning the Plot and concerning the Lords in the Tower And what did he say to you Mr. Bridges I had some Discourse with him concerning the Papists he said that it was the best Religion and that those that were not of that Religion should be Damn'd I alledged against him and told him the contrary I thought not Can it be such a Religion said I that will Act such things against the King and the Government Says he If any says there is such a Plot against the King or the Government he is a Rogue and a Thief Mr. Holt What did he say of the Lords in the Tower Bridges Nothing more Giles How long ago was this Record When was this Bridges This was my Lord about a Twelve Month ago Mr. Thompson Did he speak any thing to you further concerning the Plot Bridges Not further Giles My Lord I beseech you I may speak to this man Do you hear Sir Were not these the words that I said when you charged me to be a Papist That I knew of no Popish Plot and they that said I was a Papist or knew any of the Plot were Rogues or Whores or worse Bridges You said thus That the Papists were the best Religion and that those that were not of that Religion were Damn'd Giles Have not you been a Papist Sir Bridges I am not now Giles Will you say that I am a Papist Bridges I say you defended it so much I thought you were Said I I wonder it being such a good Religion that they vvould offer to Act such a thing against the King and Government Said he He that says this Plot is Acted by the Papists is a Rogue and a Thief Giles How long ago is this Bridges A Twelve Month ago you remember it well enough you remember when you sent for me to the George Walter Moor. Mr. Holt What discourse have you had with him concerning the Plot. Mr. Thompson What has he said about it Moor He said If the Lords in the Tower were Executed there would be a greater War than ever was in England and swore that if these Lords were put to death it would cost more Blood then ever was spilt And I asked him again Why they should not be put to death if they should deserve it For if a poor Man had
the Attempt and the barbarousness of the Execution those Antichristian Bravo's miss'd their Bloody Aim so that the loss of his Blood made only room for Justice and the Scars of his Wounds were but the Capital Letters that spelt Papistical Impiety While he by a kind of Resurrection from the House of Death becomes the Monument of his own Loyalty and a Living Martyr and Victime to Romes Cruelty from whose Inhumane Sufferings neglected and upbraided Truth took a fair advantage to lay the Foundations of new Triumphs Whom Heav'n would therefore have chosen into the Grand Senate of the Nation that he might be in the Eye of the Kingdom a Continual Evidence against that Irreligious Religion of which that High Assembly seek with so much Zeal and Just Cause to suppress the growth and progress Nor can we here omit an honourable mention of that Worthy Gentleman Edmund Warcup Esq who while this Honour'd sufferer lay weltring in his Blood and hung in the Ballance of Life or Death gave those signal Testimonies of his Unwearied pains to serve the Publick and his Friend which can never be forgotten And to whose indefatigable and judicious Industry as well in the Discovery of the Actors in this Tragedy as in rommaging the most secret Penetralia of the Plot it self the whole Nation is not a little indebted The Conviction then of the Person Arraigned upon this Tryal ought to be accounted in the number of the most remarkable Records of the Popish Plot and therefore made publick to be added to the rest for general satisfaction all little enough to combat that Infidelity which either Weakness or Interest still cherish in the Nation Not considering that it is the most Notorious Character of the great Whore that she intoxicates with her pleasing Potions and charms with the Gaudy Delusions of Pretence and Falshood It were else impossible that Men should shut their Ears with so much obstinacy against the Attestations of such a crowd of undoubted Testimony as if it could have been expected that only Knights of the Shire and L. Mayors should have been engaged in such a Conspiracy Whether some such kind of misbelief as this were not the occasion that put this Tryal so much backward in the World shall not be argu'd here only the World must know 't was none of Mr. Arnolds fault However it has this advantage that it will be never out of season The Murther of Sir Edmondbury Godfrey and the Assassination upon Mr. Arnold will be always at hand if not to stop the Mouths yet to curb the Insolence of unbelieving Bigots Nor let the Papists think that the Spirits of the True Protestants are yet so low as to be cow'd as they expected by their Attempt upon this Gentleman Such Acts of Violence as these rather exasperate then terrify And since they have been the Aggressors of the Publick Peace by such Violations of the Laws Divine and Humane it cannot be otherwise expected but that the Ministers of Justice should be more careful to avoid their Ambuscado's for the future not by withdrawing from their fury but by exposing themselves more vigorously for the Preservation of the True Protestant Religion and the safety of his Majesty and the Peace of the Kingdom Frendet Satan fremit Antichristus tumultuantur Jesuitae summa imis miscere conantur Ex adversa igitur parte hisce furoribus motibus conatibus obviam ire licet omnibus nervis contendere ut vera Religio Doctrina Verbi Dei pura conservetur a fermento Jesuitico strenue defendatur THE TRYAL OF John Giles THE Sessions began on Wednesday the Seventh day of July 1680 the Ninth day Mr. John Giles was brought to the Bar to be Tried and there pretended that he had Witnesses at Monmouth who could testifie very material things for him and therefore prayed the Court to put off his Tryal until the next Sessions Then the Court asked him his Witnesses Names and what they could say Which he then declared to the Court. Upon which Mr. Arnold being present and Prosecutor Tam pro Domino Rege quam pro seipso the Court asked his consent and what he could say why the Tryal should not be put off that so all the World might hereafter say that Mr. Giles had all the favour that he could reasonably desire and what the Court could in Justice shew him and that no manner of Excuse might be left him After which Mr. Arnold in a very pertinent Speech declared part of the Fact and also of the Proceedings before his Wounding as it had occurred between him and Mr. Herbert and of his favourable and just Proceedings against Mr. Herbert and also against John Giles after the Fact was committed and declared that Giles had sufficient notice of his Tryal but notwithstanding he did submit himself to the Judgement of the Court. Thereupon the Court advising a Minute or two's space it was ordered That the Court should be adjourned until the Wednesday following by which time Mr Giles might send to Monmouth and have what Witnesses brought up he could get And the day appointed being come and the Court being sat Proclamation was made according to Custom Then the following Jury were called and sworn Viz. Christopher Plucknet William Dodd Anthony Nurse John Burton Nathan Goodwin George Wood James Partridge Lawrence Wood John Bradshaw William Withers Edward Proby Richard Bromfield Who according to the Form of Law were charged to enquire Whether the Prisoner were Guilty of the following Indictment upon which he had been Arraigned and had pleaded Not Guilty The Indictment THe Jurors of our Lord the King upon their Oaths do present that John Giles late of the Parish of St. Dunstans in the West in the County of Middlesex Gentleman not having God before his Eyes but being moved and seduced by the instigagation of the Devil contriving and maliciously by a most wicked Conspiracy with divers other Malefactors to the Jurors unknown fore-thought and had intending one John Arnold Esq a faithful Subject to the King and one of the Justices of the Peace for the County of Monmouth inhumanely to Maim Wound Kill and Murther the Fifteenth of April in the Thirty second year of the Reign of our Sovereign Lord Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. with the said Malefactors unknown at the Parish of St. Dunstans in the West aforesaid in the County of Middlesex aforesaid in and upon him the said John Arnold then and there being in the Peace of God and the King unlawfully voluntarily and of his Malice fore-thought with Force and Arms that is to say with Swords Staves and Knives of design and by lying in wait did make an Assault and him the said John Arnold did then and there Beat Wound Maim and evilly Intreat and the Throat and Face of him the said John Arnold did grievously cut with a certain Knife also divers