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
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
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
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