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
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
day Powel About Thursday Sir Mr. Thom. What Week was it in Powel I believe in Easter Week and I heard them say that Mr. Arnold was come to Town and Mr. Herbert and he was to have an Hearing the next day Record How long was you in his Company Powel I had been in my Friends company about an hour before he came and we staid till near Nine or thereabouts and then we parted and I never saw him afterwards till last Munday was Seven-night Roger How Record What say you How Mr. Giles was in my company and staid till about Nine a Clock or thereabouts and then we went away and I saw him no more for that Night Record Have you any more Giles No. Then Sir GEORGE JEFFREYS the Recorder gave Directions to the Jury to this Effect GEntlemen of the Jury the Evidence has been very long and I know you have taken particular care to Write down and take Notice of all the Circumstances that have been offer'd to you in this Case According to the best of my Memory I shall refresh yours with such of them as I apprehend to be most material in this Cause and if any thing happen to be omitted others will supply it In the first place I am to take Notice and I think I am bound to do it in discharge of my own Conscience and of my Duty to the Court that certainly if the Prisoner at the Bar be guilty of the Offence of which he now stands Indicted the Punishment that we can inflict upon him cannot be proportionable to the Offence For the Offence is too great for any Punishment that the Law can Inflict for Men are not presumed to be guilty of such Actions as this and therefore the Law has not proportioned Punishments to them because it presumes no man to be guilty of so base and barbarous an Action as this and because it never could be presumed that any Man would be guilty of such Offences therefore the Law has not provided Punishments proportionable to them But this is not your question the question before you is Whether this Man be Guilty or not Guilty That there was a Popish Plot no Man sure doubts at this time aday Certainly there can be none here under so strange an infatuation as in the least to doubt but that there was a Plot especially when so many persons upon full and clear Evidence and Tryals have been Convicted as Instruments in that Bloody Tragedy But you are not to make use of these things by way of Evidence against the Prisoner at the Bar But only in the general to premise some things by way of Intraduction to their particular Evidence and I must plainly tell you for it is fit it should be mention'd that if any Villany can come near that Horrid Murther of Sir Edmundbury Godfrey this does and I am sorry with all my heart that within the Government of the City of London or so near it there should be such a barbarous Attempt as this made and concealed so long It would not be strange to hear of such Villanies committed in other Popish Countries but for the Honour and Credit of that Religion which I hope we shall maintain with our lives that is the Protestant Religion I say in a Protestant Countrey where the Protestant Religion is Profest I never heard of such a barbarous Act committed before this one because our Principles of our Religion will not allow us to commit such Villanies by any Dispensation whatsoever Justice and Truth and Righteousness are the things that our Religion Teaches us God Almighty and our Blessed Saviour Jesus Christ by whom alone all Mankind must be Saved have commanded the contrary Their Religion may dispense with such Villainous Actions but this I can say in Vindication of ours ours cannot do it nay it would be no Religion if it could In the next place Gentlemen all Circumstances of Time and Place of Men and Things should be taken notice of for dark Cases must be made appear by Circumstances For as I hinted before no body calls Witnesses when they do such Facts and Works of darkness the Works of the Devil that is the Father of all such Works I do not mean the Devil Mr. Arnold but I mean they are the Works of the Devil Belzebub himself the Prince of Devils can be only an Instrument and an Agent in Affairs of this Nature Another thing that is fit to be taken notice of by you is this That by way of Circumstance whatever has been said one way or another relating to the Plot relating to the business of Sir Edmundbury Godfrey is not to be taken notice of as Evidence against the Prisoner You shall have a Faithful Account of what has been said by every Witness both for and against him for right is to be done Our Law comes even to a Proverb we must give the Devil his due we must give every body right You know that this business was deferr'd that the Prisoner at the Bar might be left without all manner of Excuse for if Innocent all Mankind would be glad to have him cleared if Guilty every honest Man would have him convicted Now this being premised the Evidences against the Prisoner are several and I will as far as I can give you an Account of them And First of all It is not doubted but Mr. Arnold has behaved himself like an honest Man and as every honest Man ought to do for the Interest of his Religion for there is no Man can do too much if he does it Legally for the Preservation of his Religion of that Religion which he is bound to rely upon for the Salvation of his Immortal Soul Now says Mr. Arnold in the first place he gives an honest Account of his being one Night on Thursday Night in Easter Week at the Devil Tavern about Nine or Ten a Clock with some Friends and he went out between Ten and Eleven a Clock and his own Servant not being there he did intend to call some other Servants by But as it happen'd he went away without them and he perceived Two Men in Campaign Cloaks follow him into Bell-Yard He does take it upon his Oath that about the middle of the Lane there happen'd to be a Candle coming out and one of these two that he did so observe to dog him having a Campaigne Cloak upon him and likewise a Coat Lin'd with Red he did observe came before him and he doth take it upon his Oath that he does believe the Prisoner at the Bar to be that very Man that so came before him he does say that he had a perfect sight of him and he does say that the reason why he should believe him to be the Man is that he does remember his Face and he knew his Voice He tells you likewise that there were persons cast a Cloak over his head ran him into Jackanapes-lane fell upon him bruised his Head and Wounded him in several places
particularly he mentions that there was at the same time said by one of them Pray for the Soul of Captain Evans and at the same time which is a wonderful Circumstance Dam the Dog he has got Armour on cut his Throat He says that one Man held him up by the Chin having several passes made at him and he says he had something or other to preserve him but notwithstanding that he was run into the side There was three Men he does tell you and that one overtook him in Bell-Yard and he continues to Swear it was the Prisoner at the Bar according to the best of his understanding and Conscience he says it was he and he discovered him by the sight of a Candle Besides this which is a material Circumstance some other Persons being brought to Mr. Arnold about it Mr. Arnold did not Tax them but did positively Tax that Person to be one of the Persons But he tells you he suffer'd by passion as I cannot blame any Man for being in a passion at such a time But his Witnesses determine the thing that that is the Man and he did positivly say it his Memory being better settled then he could at first pretend to but however he gives that for another Evidence that he was not deceived in the Person This is the substance as I remember I would not do any Injury to the Prisoner by repeating any thing that has not been said nor would I do any injury to the Evidence for the King in omitting any thing that occurs to me The next is one Phillips and he tells you that the next day being Friday about Six or Seven a Clock at Night he happen'd to be in company with him at an house in Covent-Garden and having some discourse concerning Arnold and concerning that bloody base and foul Attempt that was made upon him he was so far from having the Bowels of an English Man or any thing of Christianity in him that he does say he broke out into this extravagant Expression saying Dam him Rot him he had Armour on Dam him Rot him he had Armour on I speak it Twice over because Mr. Arnold tells you that the Persons during the Fact was committing said Damme Cut his Throat he has Armour on The next person comes and tells you at a certain place in Monmouthshire upon the 5th of May following that he went with one of the Richmonds to this Giles and had some discourse Says he How chance you have not been as good as your Word about providing me Horse-hair to make Fishing-lines and you promised to leave it at a Farriers in Glocester How chance it was not so He immediately adds We were in such extraordinary hast because we thought we were pursued about the business of Arnold And that he gives as the Reason why he did not stay at Glocester If in case it had not been so why should he come and tell him he could not stay about the business of the Hair because he was like to be pursued about the business of Arnold The next thing Gentlemen is concerning one Powel Powel he tells you that he being at one Darcies house a Roman Catholick that is a Sword Cutler that lives I think likewise at Vske And it seems the Prisoner at the Bar came to him to have his Sword mended By the way I should have told you that the Prisoner at the Bar before the Fact was done did enquire at a place where he might have a good Rapier that was before the Fact was done The Witness spake of it last which was the occasion that I did not give it you in order He asked where he might have a good Rapier But now to come to Darcy Darcy having been very familiar with him inquired Wherefore having had his Sword so lately he should have it to mend already Have you said he been fighting with the Devil Immediately upon that he swears the Prisoner return'd No but with dam'd Arnold And upon that his Wife pluckt him by the Coat and bid him hold his Tongue I think that is the substance of what he swears He says there were by at that time the Prisoner at the Bar the Apprentice to this Darcy and a Woman that is the Prisoners Wife William Richmond he comes and gives you a further Account That he being in his company he tells you They went to some place in the City to inquire after their Friends and afterwards went to the Artillery to see the Exercise then to Long-lane from thence to Whetstones-Park and afterwards to Drury-lane and that about Nine a Clock at Night they came to their Inn and he left Giles taking a Pipe of Tobacco in the Kitchin and went up into his Chamber with some other People drinking and making merry and he does positively say that between Eleven and Twelve a Clock at Night he saw the Servant Maid come up into the Room and did see she was making the Bed that he seem'd to be a little surprized that any Body should make a Bed at that time of Night which occasioned him to go in to her and ask her the question The Answer that he had was very Material that she said There is a Gentleman below that I must make this Bed for he does not desire to have any body lie with him That was the Answer the Maid gave There was he says some little talk of love between him and the Maid and that he positively says was near upon Twelve a Clock He says that after this he went into his own Chamber and continued in his own Chamber till nigh One and about One being pulling off his Breeches the Prisoner at the Bar came and knocked at his Chamber door and spake to him and that was near One a Clock at Night But it is plain during that time the Prisoner was not in his Chamber if you believe him nor indeed is there any Account given of the Prisoner from Nine a Clock till near One till he knockt at his door as he was pulling off his Breeches and going to Bed As to the Answers that are given by the Witnesses of the other side I shall give you them when I descend to give you the Testimonies of the other side To give you yet this further Testimony say they We do not only give you this Testimony that he is guilty of this Fact but we do give you an Account of him that he is very likely to do such a thing for he is an Ill Man in himself As on the other side no man can give a better Testimony to himself in matters that are dark and obscure than the Testimony of his Conversation that he is upright in his Conversation and therefore cannot be thought guilty of so base an Action So they think they give a good Evidence against him that he is an Ill Man in himself and therefore because he is an Ill Man he may be guilty of such a thing And to prove that they call up
these Witnesses First of all one Bridges comes and gives you an Account that discoursing with him concerning the Papists he damn'd the Plot and said that all were Rascalls that were not Papists and if in case that the Lords that were in the Tower should happen to suffer it would be a Bloody day and it would make bloodier work in England than ever was known Which shews he is a Bloody Ill Man The Prisoner ask'd him If he were not a Papist It s likely he was a Papist before or he would not have trusted him so And this is one Circumstance to prove that he is an Ill Man that he hath given out such and such Expressions There is another one Reynolds who comes and gives you an Account of his having some Discourse with him afterwards about this Business of Mr. Arnold that the Prisoner talked slightly of it and said that he might do it himself This Gentlemen I take in general to be the substance of what hath been offer'd for the King If there be any thing else that doth not occurr to my Memory if it doth to yours you will do well to consider of it Say the Council for the Defendant and that every man of the Long Robe ought to say that if the Person which is the Prisoner at the Bar were guilty of such a barbarous thing as this no man would offer to open his Mouth And therefore they offer Evidence for their Client as they are instructed to offer to you and you are to try whether their Client be guilty Say they You first call one Phillips to give an Account and as to what Phillips says about the business in Covent-Garden about Dam ' him and Rot him they bring one that was there all the time and says he I was by all the time and I heard no such words So far was he from making any particular Reflections upon Mr. Arnold that he cried it was a very horrible a very barbarous thing Nay says he to give Credit to this Testimony of his I never use to keep company with them that use such words as Damn him and Rot him as he says The next Witness is Mr. Herbert Jones he comes and tells you I went wiith him from London I went with him to Glocester I staid at an Inn call'd the Old-Bear and staid and dined with him there I went after that to the New-Bear we went thither and drank Cyder together and this was very publick for several persons that lived in the Town came to us and enquired after the business of Arnold and if in case we had been under any such Jealousy as that was we would not have staid so long as says he we did Say they on the other side we do not say that you did not stay in Glocester but say they by way of Objection against the Prisoner at the Bar we say that you your self on the Fifth of May said in Answer to the Person that came to ask you Why you had not brought the Hair that he might go a Fishing You said We durst not stay for fear of pursuit upon the Account of Mr. Arnold This you your self said and by saying so you have contracted that guilt in point of Circumstance which is objected by us against you This is the Answer given to that that Mr. Jones says The next Person that comes to give you an Account is one John Jones who is the Apprentice Says he you bring a Witness against me that I said such a thing at Vske at Darcy's the Sword Cutlers and you say the Apprentice was by And he gives you this Evidence Says he I was by at such a time as the man speaks of and being by at that time I do very well remember that there was a Discourse concerning some great Conflict that Mr. Giles had been in and that Giles's Wife was by and so was t'other Person that gave the Evidence that such a Discourse there was of fighting with the Devil but now he inverts the saying of t'other man and says that he should say He never met with Arnold the Devil The one answers when the thing was asked him Whether he had been fighting with the Devil No not with the Devil but with Arnold The other swears He did not meet with the Devil Arnold He tells you likewise his Wife did not pull him by the Cloaths and bid him hold his Tongue The next Witness is Howel and he gives you an Account that he came with him to Town he gives you an Account how he staid with him and came along with him till Nine a Clock at Night for he does not pretend to give you an Account after Nine Then comes Crook and Crook that is the Maid Servant she says I cannot positively tell you when he came in but I will positively say that I made his Bed about Ten and before Eleven I asked him about his Candle he bid me lock the door and he would put out the Candle himself and she went away and left the Candle And that is very material for the time this Fact was committed was between Ten and Eleven This is what the Maid says Now there is this Answer to what she swears She first of all forgot that ever Richmond that speaks concerning the Breeches and other Circumstances that ever he was there at all but you hear he has refreshed her Memory with a Love Story that he was in the Room and she does agree in these very Circumstances he speaks of so that that gives credit to the Testimony of Richmond and puts a disparagment upon her Testimony since she could be so exceeding forgetful as not to remember such a Circumstance The next is an Old Woman and she swears point-blank she was with him most part of the day and that she was with him at Dinner and was with him till Nine of the Clock at Night and then went to Bed And though she seem'd to differ and blunder in some part of her Testimony because she knew nothing of his going into Longlane and other places however she gives an Account about the time of Nine a Clock that she left him in the Kitchin and then she went to Bed The next Witness is James and James doth positively swear that he was drinking with him in the Kitchin till past Twelve a Clock at Night but that cannot be true if the Wench that made the Bed swear true for she swears she made the Bed before Ten and he went to bed before Eleven so that he could not be a-bed before Eleven if he swears true and he could not be in the Kitchin at Twelve a Clock if she swears true Gentlemen Richmond's Man he gives you no further an Account than what runs square to his Masters Testimony that he left him at Nine a Clock at Night and he heard him call at his Masters Chamber about Twelve and so they punctually agree But he gives no manner of Account where he was between Nine and Twelve