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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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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