I. Record Were you with him in Drury-lane Ann. No not I. Record He did not go out of your Company at all Ann. Yes about Ten a Clock Record Woman you must be mistaken he came to Town at Twelve or One and might be in thy company but it is plain he went to a Brokers in Long-lane and so to the Artillery-Ground at Cripple-Gate for I guess it might be so Then they went to Whetstones-Park and spent Six-Pence and after that they went into Drury-lane Giles My Lord she don't say she was with us all the while but we came to an House where she was and several other People our Neighbours Record She says you did go out some time Now see whether I mistake you Ann. Yes you do mistake me Record He went out did he Ann. Yes he went out after we came into the City he and some others and then they came back to me again in two or three hours Record Then you were two or three hours at Dinner Now I ask you After they came back was you with him all the while Ann Yes that I was Record Where was it Ann At the Peacock Record That is the place in Drury-lane Ann No indeed it is in Covent Garden Mr. Darnal When did he go to Bed do you know that upon your Oath Ann We were in the Inn between Nine and Ten a Clock nearer Ten then Nine and I saw him sitting taking a Pipe of Tobacco Mr. Darnal What time was that Ann A little after Ten I believe Mr. Thomp He sat there till he was call'd away to do his business Elizabeth Crook Mr. Darnal Elizabeth Crook Pray do you tell my Lord and the Jury about what time Giles went to Bed Crook Indeed Sir he went to Bed between Ten and Eleven Mr. Darnal How long was it that he came to his Lodging before that Can you say how long he was in the House before he went to Bed Crook I asked him if I should take away his Candle he said he would put his Candle out but I might Lock him in and take the Key but I did not do it Mr. Thomps Did he go to Bed as soon as he came in Crook No I think he did not Record You made the Bed did not you Crook I did Recorder Upon your Oath what time of Night was it Crook I think it was nearer Eleven than Ten. Record Did you make the Bed after he went into it What time did you make the Bed upon your Oath Crook I made the Bed about Ten a Clock Record I ask you do you remember Richmond came into you and asked you any thing about making the Bed Do you remember he was in the Chamber Crook In whose Chamber Record Did Richmond come in when you were making the Bed Crook He was not there that I knew of Rich. Was not I in the Chamber when you made the Bed Crook No I don't remember you Rich. My Lord when this Maid went to make the Bed I went into the Room after her and had some discourse with her we lean'd together upon the Window and I told her I was in Love with her I told her if she liked of it I would Marry her the next Morning I did it to make merry for indeed I am a Married Man Record What time a Night was it Rich. About Twelve a Clock Record If you forget your other Sweet-Hearts can you remember this Do you remember now he was there Crook I remember he was there Giles Mr. Arnold Pray do not laugh at my Witnesses and make May-Games at them it is not the part of a Gentleman Rich. And she told me that he would lie by himself though the house was very full Record Do you remember any such Discourse Crook I do remember that Mr. Richmond did come in Kings Coun. What time of Night was it that he was making love to you Crook I think about Ten a Clock Kings Coun. Time passed merrily away with you then Rich. It was Twelve a Clock Crook Why do you say so Our house was all quiet presently after Eleven Rich. Why will you say so Were not we Singing and Roaring together Record Come don't be angry you were not angry when you were making love together Rich. I am not angry indeed Sir Edward James Mr. Mil. Tell my Lord what time of Night Giles came into his Lodging and where it was James It was in Easter Week he came in and so were drinking at the Kings Arms in St. Martins-lane and from Dinner and from Nine a Clock Record How You did not dine there you din'd at the Peacock James Yes we din'd there but from Nine a Clock we were there till Twelve Record How do you know James I was there with him Record After Twelve a Clock you say you left him James Yes Record Where did you leave him James In the Kitchin Record Are you sure James Yes my Lord I am sure of it Record I ask you because I have an unhappy Memory you are sure it was Twelve a Clock when you saw him in the Kitchin and here is a Maid saw him go to Bed at Eleven Record Have you any more You know the matter that was the occasion of the dispute t'other day I would not by any means that in a Cause of this publick Concern there should be any pretence for any to say they were surprized therefore call as many Witnesses as you please Robin Gibbon Mr. Mil. What can you say when Mr. Giles came into his Lodging Gib It was about Ten a Clock I gave his Horse half a Peck of Oats Mr. Mil. Where Gib At the Kings Arms in Martins-lane Mr. Mil. Do you know how long he staid before he went to Bed Gib No Sir I cannot tell Mr. Thom. He speaks honestly this Man Record Have you any more Giles There is another a Translator my Council knows his Name John Chadwick Record What is your Name Sir Chad. John Chadwick Record Go on Chad. I say this John Giles was at my House between Eight and Nine a Clock Record Where is your House Chad. My House is Record Can you say any more to it Chad. No. Elizabeth Record What have you to say Eliz. Sir I went with Mr. Giles home and it was between Nine and Ten a Clock and I saw him in his Lodging and I saw him in the Morning Elizabeth Crook Record Are you sure he went to Bed when you made it Crook It was between Ten and Eleven a Clock Mr. Thom. You see how they Contradict one another Record Is your Name James James Yes Sir Record You say you are certain you left him in the Kitchin at Twelve James Yes Sir Record But here is one that says he went to Bed by Eleven James O Lord no Sir Mr. Holt These are your own Witnesses Mr. Giles Mr. Thom. You see how they contradict one anonother Peter Powel Powel My Lord I met some of my Countreymen about an hour before Night Mr. Thom. What
any Questions Prisoner Truly Mr. Arnold knew me in Monmouthshire and knew me as well as any man in the City Recorder Did you not very well know him Mr. Arnold It is very possible I might see him and often at Assizes and Sessions but not to know him nor did ever know whether his Name were Giles or what it was Your Lordship sees many Persons here and often and it 's possible do not know them he lives I think a Dozen Miles from me Prisoner That 's a wonder If it please you Sir my Wife is a near Relation to you both by Father and Mother and I have spoken with you in your Chamber Mr. Arnold 'T is possible she may but I do not know it Stephen Phillips Mr. Holt. Pray Mr. Phillips give an Account of what Discourse you had with Giles the day after the business was done Mr. Phillips We went to the Tavern and drank Two or Three Bottles of Wine and we had some Discourse concerning Mr. Arnold it was about Eight or Nine a Clock in the Evening the next day Some Discourse happen'd concerning his miserable Condition and how he was hurt and of that Nature Recorder How many was there in Company Mr. Phillips One or Two more Recorder What House Mr. Phillips At the Crown Tavern in New-street in Covent Garden and among the rest Mr. Giles was talking of it and said he God Dam him God Rot him he had Armour on the word was God Dam him or God Rot him he had Armour on they say Mr. Holt. What time of Night was that Mr. Phillips As near as I can remember it was about Eight or Nine the next day in the Evening Mr. Thompson The very words that Mr. Arnold Swears when they went to Cut his Throat Prisoner My Lord If you please there was Mr. Phillips and another and I spake nothing but what I heard as News that they had killed him if he had not on Armour Recorder For that matter Mr. Giles you shall have your time and you may call up other Witnesses but the Gentleman positively Swears you said these words and if so I 'll assure you it does not look as if you were a Kin to him or your Wife either Walter Watkins Mr. Holt. Mr Watkins What did you hear that Giles should say in Glocester-shire about this Business Mr. Thompson What said he about this business of Mr. Arnold Mr. Watkins My Lord All I can say is this I being at the Stating some Accounts between Mr. John Giles and Mr. Richmond I asked Mr. Giles for some Horse-hair to make a Fishing-line Mr. Giles replyed That he had left very good Hair for me at a Farriers in Glocester for he and Mr. Herbet Jones made such haste through the Town of Glocester that they did not call for the Horse-hair I asked Mr. Giles what was the occasion of his haste Said he For fear we shou'd be stopt in our Journey as suspected-to be concerned in Mr. Arnold's Business Recorder What time was that Mr. Watkins About the 5th of May. George Richmond Mr. Holt Mr. Richmond What can you say concerning this thing Mr. Richmond I desired Mr. Giles to meet me that we might even our Accounts and upon the 5th of May last he met me and I desired Mr. Watkins to be present as a Witness Recorder Where was it Mr. Richmond At Vske And as we were making up the Account said Mr. Watkins to Mr. Giles Where is the Horse-hair you promised me to make Fishing-lines Giles replyed He left very good Horse-hair at a Farriers in Glocester And he asked him why he left it He said he made hast for fear of being taken and stopt for Mr. Arnolds business I cannot say whether he call'd him Esq Arnold or Mr. Arnold or what he seldom used to give him so good words Walter Powel Mr. Holt. What do you know concerning Giles's being at the Cutlers Mr. Powel If it please you Sir I was at the Cutlers Recorder Name the time when and the place where Powel The 5th of May at a place called Vske in Monmouthshire Mr. Giles and I we came there and Mr. Giles asked Peter Darcy Whether he would mend him that Sword or no But Mr. Darcy had some business that he could not get time to mend it that morning but would do it in the afternoon Says Darcy Where have you been you have been hot at it What have you been Fighting with the Devil No said he with damn'd Arnold Recorder What did you say when the Cutler asked him Whether he had been fighting with the Devil and he said again no not with the Devil but with damn'd Arnold Powel Peter Darcy said he must not speak such words and Giles's Wife pluckt him by the Coat and bid him hold his Tongue Mr. Darnal Who was by Powel There was one Peter Darcy Mr. Darnal Was one John Jones there Powel I think there was another indeed by the Apprentice Recorder There was the Apprentice but he does not know his Name and Darcy and Giles and his Wife William Richmond Mr. Holt. What did you hear Giles say about the Rapier William Richmond He asked me in the Afternoon before Mr. Arnold was hurt Where he might buy a very good Rapier I told him I could not tell He had then a good Back-Sword in the House Mr. Gibbs Tell the Court what Acquaintance Giles had with Father Lewis the Jesuite since Executed William Richmond My Lord he told me he wou'd go to the Executioner and perswade him not to Execute Mr. Lewis but I had the Executioner lockt up and I would not suffer him but I did see him very active at the Execution a dipping cloaths in Lewis his Blood Mr. Thompson What do you say as to his coming to his Lodging Mr. Richmond We went to several places that day and at Eight or Nine or between Eight and Nine we came to the Kings Arms in St. Martins-lane and I left him at the Kitchin Fire and went up into the Chamber and drank a considerable quantity of drink and as near as I can guess it was between Twelve and One a Clock before he came to his Bed for after I was going to Bed about One of the Clock I heard John Giles come up the Stairs and bid me Good-night he called at my door just as I was pulling off my Breeches to go into Bed Recorder What time was this William Richmond As near as I can guess it was between Twelve and One or very near One. Recorder At what House was it William Richmond The Kings Arms in St. Martins-lane Recorder What did you say when the Maid was making the Bed William Richmond I asked her who it was for And she said for a Man that was not willing to lie with any Body Recorder What time did you come to the House Will. Richmond About Nine Record Did you stay in that House till that time Will. Richmond I lay in the House Sir Record You were not out
done such a Fault he would be hanged out of the way presently He said again They did not deserve it for there was no Plot at all Giles Pray Sir Who was with you when you say I said these words Moor I was at George Taylers House Giles Did not you say that George Tayler discoursed this with you Mr. Thompson Is this the man that spake it upon your Oath Moor Yes this was the man Giles What did Tayler say to you Do you think my Lord I would say such a thing to such a man as this is Recorder Do you hear Mr. Giles for that matter it is not the question the man has sworn it except the Jury know of their own knowledge that the man is perjured he is not so as to me Moor It is the first time that I ever took an Oath Mr. Reynold Mr. Holt Mr. Reynold What have you heard Giles say concerning Mr. Arnold Reynold Sir I vvas in Company vvith John Giles and another and vve had discourse concerning one Arnold and John Giles said Recorder What was that Reynold I being in company with him we fell in Discourse about Justice Arnold how he was Wounded Record Where was it Reyn. In Monmouthshire at Langoone the second day of May John Giles answered us That he could not see but he wounded himself Recorder What day do you say Reynold The Second day of May. Recorder He did Discourse the 5th day of May at Vske I would faign know when he came through Glocester Mr. Thompson What did he say about Mr. Arnold Reynold He thought that he wounded himself says his Wife How could he wound himself in his Arms Said he It was himself or some of his Friends Recorder Or some of his Relations Reynold Some of his Friends Mr. Hobbs Mr. Thompson Mr. Hobbs Pray tell how you found Mr. Arnold when he was Wounded Mr. Hobbs I found Mr. Arnold Bleeding Mr. Thompson Tell what Wounds there were Mr. Hobbs Two in his Arm Two others upon the Face another upon the Throat which bled very much another two upon the Breast and one in the Belly Mr. Thompson What depth might that be Mr. Hobbs Two Inches and an half long Mr. Thompson Where else Mr. Hobbs There was another upon his Breast Mr. Thompson What depth Mr. Hobbs They were not very deep but there was one upon the Belly Six Inches and an half there was Two through his Arm and a Wound and several Bruises in his Head Mr. Thompson This is likely to be a fine Contrivance that he should do it himself as likely as that Sir Edmundbury Godfrey put his own Sword through his Body after his Neck was broke A great shout given L. Mayor Do you believe a man could wound himself so Mr. Hobbs No Sir Record I believe a man could do it but I believe a man would not do it to himself Fifteen or Sixteen Witnesses more for the King that were attending in the Court were not Examin'd the Court being in some haste and the King's Council not pressing to have them Examin'd there being so full Evidence nor was there one word replied to the Prisoners Witnesses they being all either frivolous or contradictory Mr. Darnal May it please your Lordship and you Gentlemen of the Jury I am of Council for Giles the Prisoner at the Bar and I must needs say there has been a strong Evidence given against him and if I were sure he was concerned in this Barbarous Attempt upon Mr. Arnold I would not open my Mouth in this Cause But if my Brief be true I make no question but to satisfy your Lordship and the Jury nay and Mr. Arnold himself that he had no hand in this Bloody Action And First my Lord In Answer to the Evidence that hath been given There have been Sworn among others Mr. Richmond Mr. Phillips and one Powel First as to Phillips's Evidence of what passed in Discourse at the Crown Tavern in Covent Garden we have a Witness here who vvas present at the same time that will give you an Account of the whole Discourse and that there were no such words said by Giles in Relation to Mr. Arnold As Dam him he had Armour on and as to the Evidence given by Watkins of what past at Vske about Mr. Herbert Jones's and the Prisoners making such speed through Glocester we have Witnesses here my Lord that will satisfy your Lordship and the Jury that when they came to Glocester though it was at the time of the General Quarter Sessions yet they staid there four or five hours at a Publique House without the least sign of their Apprehension of any Pursuit which shews the Improbability of any such Discourse at Vske And my Lord as to the Evidence of Powel of what was said in Darcies the Cutlers Shop at Vske we have my Lord a Witness here that was present at that time who will give your Lordship and the Jury an Account that the words said then by the Prisoner did much differ from what Mr. Powel swears besides the Improbability that any man should be so weak to publish himself guilty of such a Crime as this in this manner after his Majesties Proclamation out with the promise of so great a Reward to any Man that would make a Discovery of this horrid Action So far my Lord we shall answer the Evidence that hath been given but to satisfy your Lordship and the Jury that it was impossible the Prisoner at the Bar could be concern'd in this foul Action we shall prove to your Lordship That upon the 15th of April upon the Evening of which day this Bloody Attempt was made upon Mr. Arnold the Prisoner at Bar came first to Town and we shall prove that he came to Town but at One a clock that day We shall prove further if my Brief be true by five or six substantial Witnesses against whom there can be no Exception how and where he imployed himself all that day from the Minute that he came to Town And that when he returned to his Inn about Nine a Clock at Night the Maid of the Inn Lockt his Chamber door after he was a Bed and kept the Key of the Chamber all Night And my Lord if all this be clearly proved I make no doubt but your Lordship and the Jury and all Persons here will be satisfied that the Prisoner at the Bar is not guilty of this Indictment My Lord we will first begin with Mr. Philpot. Mr. Philpot. Mr. Darnal Mr. Philpot Pray do you Acquaint my Lord and the Jury what Discourse past between you and Giles at the Crown Tavern in Covent Garden Mr. Philpot We drank one Bottle of Clarret Mr. Phillips came in when the Bottle was almost ended But by and by some Friends came in and they asked him What News Sir Said he I hear of no News but a cruel Assassination upon Mr. Arnold but for my part I am sorry for it But said he if any thing should be
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 Assassinate and Murther John Arnold Esq One of the Justices of Peace for the County of Monmouth and now a Member of the Honourable HOUSE of COMMONS Made publick by Vertue of an Order of the Lords Spiritual and Temporal in Parliament Assembled LONDON Printed by Thomas James for Randal Taylor and by him Sold at his House near Stationers Hall 1681. BY Vertue of an Order to me granted by the Lords Spiritual and Temporal in Parliament Assembled dated on Thursday the 28th of Octob. 1680 I do appoint Randal Taylor near Stationers Hall to Print this Trial of Mr. John Giles and that no other Person or Persons presume to print the same London Octob. 14. 1680. JO. COMBE To the Reader CErtain it is that by the Fall of Adam the General Peace establish'd through the whole Creation betwixt Man and Man and even among the Beasts themselves was universally-broken Nature could never restore that Peace to the Brute Animals but that they still devour and prey one upon another But Heaven provided for Rational Man a Sacred Means to regain and preserve that Blessed Unity which would have always accompany'd his State of Innocency which was the Observance of Religion which as it binds us to God so ought it to tie us one to another in the strict bonds of Heavenly Example To this intent at length Christ himself brought down from Heaven a Gospel of Love and Charity so that as it is the True Character of a True Religion to Vnite and Preserve so it is the most certain Sign of a False and Counterfeit Religion to disunite and destroy Mankind From whence we may easily conclude That as there is no Religion in the World that more imploys it self to the Destruction of Mankind and the Subversion of National Order and Government then that of Popery so there can be no greater Argument of its being Counterfeit and False that it ascended from below never descended from above Which if People blinded and besotted by Custom cannot be brought to hate for it's ridiculous and abominable Blasphemous Ceremonies and Superstitions they ought to abominate for its Tyranny and Cruelty A Tyranny then which never was any Tyranny more Domineering and Ruinous a Cruelty then which never was any more Barbarous among the Adorers of Moloch as if it were their design to excel the Ceremonies of the Old Law by Sacrificing Men instead of Beasts Were not this Cruelty one of the main Points of their Doctrine and Opression one of the chief Supports of their Bloody Principles it might be thought a Defect of Government in some of their Particular Ecclesiastical Potentates that such Enormities were committed But the Torments of their Inquisition their Assassination of Princes the Maximes of their Policy their practices of Extirpation of Hereticks as they call 'em their Devastations of whole Countreys upon that account their Croisado's to the Ruin of Emperors and Crowned Kings sufficiently testify another thing This very Plot so providentially discovered of which this very Tryal brings a bloody part upon the Stage of the World is but a link'd contrivance of their Designs of Massacre and Cruelty ever since Queen Elizabeth first ascended the English Throne 'T is the Misfortune of the Papists that they maintain and assert those Principles in the Doctrine of their Religion which they dare not own And therefore never Men have ever us'd more Artifices to conceal their Villanies and yet so Providence would have it never did Men commit more Folly to help out the Discovery While Murther and Assassination in which they put their Confidence gave Evidence against themselves and Crimes discover Crimes As if those Crimes would teach us how vainly Criminals object against the Testimony of Men because they were once so bad as to be in the Conspiracy as if that Murther made a Man a Saint but Repentance and Confession made a Man a Devil In the Infancy of the Discovery Sir Edmondbury Godfrey had onely taken a single Information of their Conspiracies which because it should not be read they could find no better an Expedient then to blur and cover the Writing with his Blood So vain was their Belief that the Eye of Justice could not pierce through such a Crimson Stain So swift was the pursuit of their Malice to revenge themselves against the Law upon a Person who had onely Acted according to the Law And as if their Motto had been Nemo nos impuné Or that because they were disapointed in their Impious Attempts upon the Sacred Person of the Supream Magistrate they were resolv'd to wreck their Malice upon his Subordinate Ministers of Justice they lay their Trains for this same Worthy Gentleman John Arnold Esq of Lanvihangel in the County of Monmouth whose Misfortune was the Occasion of this Tryal They could not be content by their Lies and false Reports to have scandilized and almost lull'd asleep the belief of the Plot but they must awaken it again by the designed Murther of this Gentleman To shew they were not such dull Scholars in the School of Blood but that they could follow a fair President He must be another Sir Edmondbury Godfrey a second Victime to their Inexorable Malice to deter others by giving them to understand how unsafe it was to hinder the Progress of their busie Contrivances Highly had Mr. Arnold offended his Holiness and his Viperous Brood in Monmouth and Herefordshire His active and indefatigable Diligence in discovering their Private Haunts and giving life to those Laws that were in force against them was a great Curb to their daring and encouraged Boldness in those Counties Wherein his Zeal for the True Protestant Religion and his Care of the Publick safety were the more eminently remarkable in that he had with no less Vigour proceeded in the discharge of his Duty before the Discovery of the Plot in the time of their highest Presumption and Encouragment then after as may appear by the Printed Abstract of Examinations by him taken upon Oath in those Parts and the Accompt given by him to the House of Commons upon the 12th of April 1678. He had also since that disturb'd within the Verge of his own Authority another Nest of Romish Adders that advanc'd their Heads and hiss'd against the publick Laws of the Nation And indeed such was his Vigilant Prosecution of those Vermin that his Diligence reached the Ears of the publick Minister of Portugal as hath been sworn before the Two Houses of Parliament by one of his prime Servants who therefore thought him fit to be remov'd and was privy to the Intention So general was the Combination so formidable his Integrity However it pleas'd the Over-ruling Providence that notwithstanding the desperateness of
out of the Actors own mouths if we may believe the Actors in this Bloody Tragedy when they did the Fact This Prosecution of Father Captain Evans was no small occasion of their Villany which they Acted upon Mr. Arnold These were the grounds of their malice Gentlemen and what happened to Mr. Arnold was the Effect And I do the rather mention this particular that you may know what sort of People these were that practised this Villany upon Mr. Arnold for it will be a necessary Circumstance in our proof against this Prisoner at the Bar to shew that he is one of that Bloody Tribe Gentlemen the next thing is to shew what this Fact was and how it happened Mr. Arnold had a controversie with one Mr. Herbert another Justice of the Peace in Monmouth-shire that Cause between them was to be heard before the King and Council the next day after this Fact was committed I mention Mr. Herbert but I hope he is more a Gentleman than to be concern'd in such a Villany We will not at this time give any Evidence that relates to him For truly I believe this could only be the contrivance of a Jesuite and the Practice of Bygotted Papists But thus it happen'd Mr. Arnold going to attend his Council upon this occasion to prepare himself for this hearing that was to be before the King and Council in Bell-Yard there he is Set upon there he is Wounded there he is Murther'd as these Assassines thought And this Mr. Arnold will prove to you when he comes to give his Evidence This to the Fact Gentlemen The next is now to consider how far this man at the Bar is guilty of it and for that Gentlemen we will give you Evidence of several sorts 1. The positive proof of Mr. Arnold himself who as Mr. Holt has observed before almost by a miracle discovered the Defendant's Face for a Light accidentally coming out of one of the Neighbouring Houses and the Defendant looking at Mr. Arnold to see whether he was the Man they wanted immediately upon that he was assaulted and carried into Jackanapes-lane and was wounded in several places This Gentlemen is plain and will be positively proved and then when this Man was taken upon Suspicion and was carried before a Justice of the Peace and Mr. Arnold was sent for tho Mr. Arnold had no private Intimation no kind of knowledg before-hand of Giles's being taken and there were several men stood besides this man yet tho he had never seen him before but at the time when the Fact was done Mr. Arnold immediately charged him with the Fact and as soon as he heard him speak he knew his voice This was so plain upon Giles that he had not the power tho he might have had the confidence at that time to deny it but instead of a denial said The matter could but amount to an Assault and Battery In the next place we have Evidence from the Defendants own Mouth which in a case of this nature ought to weigh as much as can be and I think is as much as the nature of the thing is capable of This man the very next day after Mr. Arnold had been thus Assaulted discoursing with one Phillips by name and relating the business which happened to Mr. Arnold and before he could know he had Armour on as we will prove from the Circumstance of the time what does Giles say Says he Dam him Rot him Mr. Arnold said he had Armour on And this Gentlemen could not be known by him at that time if he had not been a party in this base Attempt And there is a Circumstance that goes yet beyond this which I would have you observe that when Mr. Arnold was Assassinated when they made their Attempt in the very Act were these words used Dam him Rot him he has Armour on These very words were spoken then and upon that they fell to Cut his Throat We have this Circumstance more he had broken his Sword and went to a Cutler one Darcy by name this man was a Papist and says he Where hast thou been Giles a fighting with the Devil No it was with damn'd Arnold This we will prove to you These are Evidences that are positive Some other Witnesses we have that will be very material to prove to you what sort of Man the Defendant is That he has declared there is no Plot that those that believe it are Rogues and if ever any of the Lords in the Tower should Suffer this Nation should feel a Bloodyer War than ever it had done by which you may see his Bloody Nature Gentlemen besides this we shall prove according to their Custom of Shamming that he has from time to time pretended as if Mr. Arnold had done this business himself or some of his Friends to revive the Plot. A very fine contrivance indeed for a Person to Stabb himself and Cut his own Throat to revive the Plot. These things we will make out clearly to you And I must tell you it is a Notorious Crime such a Fact as has no Precedent There 's no remembrance in History that I know of of such barbarous Attempts except in the case of Sir Edmundbury Godfrey who was most barbarously Murther'd by this sort of Men. And this case Gentlemen differs from that only in this that there they accomplish'd their Villany upon him but the Providence of God saved Mr. Arnold's Life and I hope to as good purpose For as Providence ordered that to confirm the truth of the Popish Plot so this Assassination of Mr. Arnold must convince all mankind not concerned in the Plot it self that this damn'd Popish Plot still continues and that 't is high time for all honest men as much as in them lies to endeavour to suppress it You Gentlemen will do your duty in finding this man Guilty if the Evidence we give satisfies your Consciences that he is so else God forbid and then I doubt not but the Court will do their duty in putting such an examplary punishment upon this Villain that may deter the like Barbarous and Bloody Attempts for the future Mr. Arnold Sworn Mr. Thomson Pray Mr. Arnold give an Account of this business Mr. Arnold My Lord I was ordered by the King and Council to attend upon them the next day after this Villany befel me I was upon the 15th day of April in my Chamber in the Afternoon and my Lord Shandois and several other Persons came to my Chamber and one Evans one of the Messengers belonging to the Council came to give me Notice that my Hearing which I was informed was to be at Four in the Afternoon was ordered to be at Ten in the Morning which was the reason I sent my Servants out to give Notice of this Alteration to my Witnesses and Council And though I had resolved not to stir out that Night I went out with the Company to the Devil Tavern where we were and staid till about Ten or past and
upon Mr. Arnold it is a very strange thing Mr. Darnal Were you there all the time Sir Mr. Phil. Yes Sir all the time Mr. Darnal And you heard no other Discourse Mr. Phil. No he did not say Dam him nor Sink him for I hate such Company Mr. Holt Mr. John Philpot where do you live Mr. Philpot In Long-lane Mr. Holt What Sign do you live at Mr. Philpot At the Crown Mr. Holt What Trade are you Mr. Phil. A Salesman Mr. Darnal Now we will go on to the Discourse at Vske about their passing with such speed through Glocester Record Mr. Darnal They do not pretend you were in great fear but they say you said so It is not the Question Whether you did stay long at Glocester or no But the Question is Whether you told this man so Because the man asked you Why you would leave the Hair at the Farriers in order to a Fishing-line Truly I was in great haste for fear I should be taken up about the business of Mr. Arnold Mr. Darnal It is very true and therefore we birng this Evidence to shew the Improbability that we should say any such thing when it was false and especially when it was to Accuse our selves of a Crime ✚ Herbert Jones Mayor of Monmouth Mr. Darnal Mr. Jones Pray give an Account to the Jury of your passing through Glocester and how long you staid there Mr. Jones My Lord I came with the Prisoner Record What day did you come through Glocester Mr. Jones I cannot positively tell you the day we went out of Town upon Friday we came to Glocester either Wednesday or Friday and there we went to the Old-Bear in Glocester and there staid an hour before we went to Dinner it was a publick time the Quarterly Sessions and several People came to us to hear the News we told them and were as sorry for it as any Persons could be and did confess it a very ill thing We went from the Old-Bear after we had Din'd to the New-Bear and drank several Pints of Cyder I believe by the Oath I have taken we were several hours in the Town Mr. Milbourn Do you know Mr. Arnold is acquainted with Mr. Giles Mr. Jones I do believe Mr. Arnold has great reason to be acquainted with Giles Mr. Thompson Yes now he has Mr. Mil. Was he chief Constable Mr. Jones Yes he was and certainly Mr. Arnold in Reason would take notice of the Chief Constable Mr. Mil. Mr. Herbert Jones I am informed that you know this Gentleman goes to Church and receives the Sacrament Give an account what Religion he is of Mr. Jones Always a Protestant I saw him at Church within this half year Giles I can shew a Certificate of my going to Church since I came to Town Record There are many people that can go to Church to serve their turn Giles And my Lord I have taken the Oaths of Allegiance and Supremacy Mr. Thompson An excellent Protestant to Discourse so of the Plot I must needs say that John Jones the Cutlers Apprentice Record How old are you Jones Between 15 and 16. Record Hark you do you know the danger of for swearing your self Jones Yes Sir Record What is it Jones I am in danger of Everlasting Fire Record Very well Mr. Darnal My Lord this is the Apprentice to the Cutler in whose Shop Powel says we had such Discourse Jones pray tell my Lord and the Jury whether you were by when one Walter Powel came into your Masters Shop when he and Giles were talking about Giles his Sword Jones Sir John Giles came in the morning and brought a Sword my Master was not within and he told me give this Sword to your Master to be mended so I took the Sword and laid it up till my Master came in when he came in I told my Master of it and when he came again this Walter Powel was in the Shop said Giles to my Master Did you mend my Sword says he says my Master Mr. Giles How came your Sword broke Have you been fighting with the Devil No says he for he never met with Arnold Peo Hiss 'm Hiss Record It does not become the Decency and Gravity of a Court of Justice to be humming and hissing when Facts are Trying of this great Concernment Mr. Mil. It was the common discourse there That Mr. Arnold had been Assaulted Record You have been in a great Combat have you been fighting with the Devil What did he say to that Jones He never met with Arnold my Master asked him Mr. Giles Have you been in some Battle or other Have you been fighting with the Devil No Sir for I never met with Arnold Record You did not hear his Wife bid him hold his Tongue Jones No Sir Mr. Thom. Did he tell you how he did break his Sword Jones No Sir Giles My Lord here is Mr. Philpott can tell that I was sitting down in a Chair and broke off a piece of the Guard Mr. Thom. You will do well to prove it Sir Mr. Mil. Was there any Discourse in the Countrey about Mr. Arnold Record Did they not talk any thing about Killing the Devil Jones No Sir Mr. Darn If your Lordship pleases we will call Witnesses to give an Account when we came to Town and where we were all that day and we will call the Maid that Lockt the Chamber door after we were in bed on the same Night when this Fact was committed John Howel Mr. Darn John Howel Pray tell my Lord and the Jury when Giles came to Town Howel If it please you my Lord I came to Town and John Giles together Record What time of day was it Howel It was Twelve a Clock Record Who is thy Master Howel William Richmond Mr. Darn What time of Night was it Friend when you heard him call to your Master and bid him good Night Howel About 11 or 12 a Clock Mr. Mil. You say about Nine you were at your Lodging with him did your party company with him How Yes Sir we did Mr. Thom. Where did you go at that time Howel We went into the Chamber and drank Two Pints of Brandy Mr. Thom. What time of Night was that Record After Two Pints of Brandy I wonder how he can remember any thing Ann Beron. Mr. Mil. Tell what time of the Night Giles came in where you were in his company what time of Night it was Record Speak as loud as thou would'st do if thou wer 't at home When was this Ann. The Thursday after Easter Record The Thursday in Easter Week or the Thursday in the next Week Ann. The Thursday in Easter Week we were never out of Company when he came home to his Lodging I believe it was near Ten a Clock Record Where was your Lodging at the Kings Arms Ann. At the Kings Arms. Record Good Woman did you go with him to Whetstones Park Ann. No not I. Record Were you with him at the Artillery Ground Ann. No not
between which hours this Fact was done Next Gentlemen There have been some more Witnesses called for the Prisoner at the Bar who give you an acount where he was before such time as he came to his Lodging Now it is not denied on either side but that he might be till within Night at that House they speak of but the Account that is desired to be given of this Matter is to know where he was between Nine a Clock and Twelve when this Fact was committed These Gentlemen according as it occurs to me are the substantial parts of the Evidence both on the one side and the other The Matter therefore resolves it self within this narrow compass If upon what you have heard from Mr. Arnold attended with the rest of the Circumstances that you have heard sworn by the Witnesses you do believe the Prisoner at the Bar is guilty for he might be at his Lodging at Nine a Clock and he might be at his Lodging at Twelve or One and yet he might do this Fact for it is certain it was not a sudden Matter for it was a thing done preparedly and therefore you must not expect that men that are guilty of such barbarous Designs as this will lay their Designs open To be sure whoever it was did this Fact upon Mr. Arnold they would do it so as to make themselves appear as Innocent as could be It is not a Matter to be relied on that because this man was Innocent in St. Martins lane therefore he did not do this thing in Bell Yard There is another Circumstance against the Prisoner at the Bar that he should imagine notwithstanding all this that Mr. Arnold had wounded himself but when he found that that was not very probable that a Man could wound himself so by reason of several places that he received his Wounds in he would have it that though he did not do it himself yet some of his Friends might Indeed if he be guilty some of his Relations might do it but certainly he was no Friend that did it It is against Nature for any man to believe that any Person should put himself to so much trouble if he had a mind to dispatch himself he might have done it with much more ease and not have put himself to that trouble For Men when they have a mind to do the business they do not use to take such a deal of pains to stabb themselves here and there Thus Gentlemen the Evidence being very long and the Circumstances very many things may occur to you that do not at present to me Yet I must tell you again in a Matter of Publick Example the Proof ought to be very great to convict a Man of such an Offence but you must not expect it should be so clear as in a Matter of Right between Man and Man and of things that are done in the Face of the Sun It was done in the dark The Devil that set them a-work does fill them with Cunning enough to keep this Attempt as concealed as may be And therefore Circumstances of this Nature must be wonderfully considered An Account of which Mr. Arnold himself gives you and he does believe in his Conscience the Prisoner at the Bar to be the Man THe Jury with-drew and having debated together about half an hour returned and brought the Prisoner in Guilty Which done the Court adjourned till the Saturday following the Seventeenth of July At which time the Court being sate John Giles was brought to the Bar to whom the Right Worshipful Sir George Jeffreys delivered himself to this Effect YOU the Prisoner at the Barr you have been Indicted for a very Vile Offence an Offence in its Nature that deserves a greater Punishment than the Law can inflict upon any such Offences There is a Jury has Convicted you of this Crime against whom had you had any Objection you might have made your Challenge And now you stand convicted here it is only the Duty of the Court to pronounce that Judgment against you which they think may be reasonable to inflict upon such an Offender For I must needs say It was one of the basest and most barbarous Actions that Mankind could possibly be Guilty of an Action of so much filth and baseness that the Law could not fore-see any Man would be Guilty of and therefore hath not made provision for a Punishment proportionable to it But in as much as we understand by Mr. Arnold you have a charge of Children therefore the Court takes some Consideration not that they think to extend any mercy to you for your own sake but a regard they think they are bound to have for those that have not offended but we ought to have a care to let the World know we do not intend only a punishment to the Offender but by that to terrifie all other People from being Guilty of such extraordinary Villanies And because they will have regard to your posterity therefore they do not think fit to put so great a Fine upon you as this Fact does deserve But on the other side they have thought fit you should be made an Example of and that you should suffer as great a Corporal Punishment as the Law will allow And therefore in the Name of the Court I do Pronounce this to be your Sentence THat you be put in the Pillory towards Lincolns-Inn Fields as near the place where this barbarous Fact was committed as may be and there you are to stand from the hour of Twelve till One one day at Noon-day And on another day from the hour of Twelve till One over against Grays-Inn in Holbourn And another day between the same hours just by the May-Pole in the Strand These three several days you are to stand in the Pillory and to have a Paper put upon your Hatt whereby it shall be signified the Offence of which you stand convicted And next to deter all others from committing the like the Court does think fit likewise to award That you should pay to the King the Sum of Five hundred Pounds and that you be committed in Execution till such time as you pay that Money And because it is both to be a Punishment to you and a Terror to all other such Villains you are to find Sureties for your Good Behaviour during Life Sentence being pronounc'd and the Prisoner removed from the Bar Richard Cavanaugh was brought to the Bar and prayed to be discharged But was by Mr. Arnold charged with threatning one Phillip Staneright one of the Kings Witnesses for which reason and for that also a new Evidence was come in against the said Cavenaugh with some farther Charge relating to Mr. Arnold's Business the Court thought fit for want of Bail to continue him a Prisoner Then Mr Herbert appeared and prayed to be discharged from his Recognizance to appear at the Old-Baily but being accused by a Woman for calling her Whore Jade and very ill Names and holding up his Staff at her and threatning to beat her for being a Witness against his Friend Giles as also for taking away her Horse as she was going to the Mill and the reason was because she was to be a Witness in London against Giles But she being a Married Woman and none appearing that would be bound to prosecute him for it he was not bound over to answer it till another Complaint came in against him which was immediately made by Mr. Ballard and another Gentleman who charged Mr. Herbert That in Whitson-week last upon a Discourse for Chusing Knights of the Shire for Monmouth and the saying of one in the company that it was thought Mr. Arnold would stand for it Mr. Herbert should make answer I will circumcise the other side of his Cheek first or he must have the other side of his Cheek circumcised first Upon which the Court ordered he should not be discharged but remain bound upon the former Recognizance to appear there next Sessions And the Recorder gave him several sharp Reprehensions for his malicious and unmanly Words and Proceedings This being the second of the Kings Witnesses and a Woman that he had barbarously treated still passionately giving the reason that they were Witnesses against his Friend John Giles as it was proved on Oath before the Court by several Witnesses Then Sir Thomas Allen acquainted the Court that a Gentleman had informed him the day before that Mr. Herbert told him that Mr. Arnold wounded himself and cut his own Throat which the Court lookt upon as an high effect of a malicious ingratitude Mr. Arnold having besought his Majesty when Mr. Herbert was in Newgate to have his Release Mr. Arnold replied That Mr. Herbert had been more ungrateful to his Majesty who had graciously pardoned him greater Offences and lately for he had spoken worse of his Majesties Person and Government than he had done of him as it had been proved before his Majesty and of which he believed his Majesty was well satisfied The Court told Mr. Herbert he was a shame to all Englishmen and bound him by Recognizance to appear and answer this Offence at the Kings Bench Bar the First day of the next Term. FINIS IN Obedience to an Order shewed to me made by the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled I have perused these Papers and according to the best of my remembrance upon this distance of time they do contain the substance of what passed at the Trial of Giles GEO. JEFFREYS