the Attempt and the barbarousness of the Execution those Antichristian Bravo's miss'd their Bloody Aim so that the loss of his Blood made only room for Justice and the Scars of his Wounds were but the Capital Letters that spelt Papistical Impiety While he by a kind of Resurrection from the House of Death becomes the Monument of his own Loyalty and a Living Martyr and Victime to Romes Cruelty from whose Inhumane Sufferings neglected and upbraided Truth took a fair advantage to lay the Foundations of new Triumphs Whom Heav'n would therefore have chosen into the Grand Senate of the Nation that he might be in the Eye of the Kingdom a Continual Evidence against that Irreligious Religion of which that High Assembly seek with so much Zeal and Just Cause to suppress the growth and progress Nor can we here omit an honourable mention of that Worthy Gentleman Edmund Warcup Esq who while this Honour'd sufferer lay weltring in his Blood and hung in the Ballance of Life or Death gave those signal Testimonies of his Unwearied pains to serve the Publick and his Friend which can never be forgotten And to whose indefatigable and judicious Industry as well in the Discovery of the Actors in this Tragedy as in rommaging the most secret Penetralia of the Plot it self the whole Nation is not a little indebted The Conviction then of the Person Arraigned upon this Tryal ought to be accounted in the number of the most remarkable Records of the Popish Plot and therefore made publick to be added to the rest for general satisfaction all little enough to combat that Infidelity which either Weakness or Interest still cherish in the Nation Not considering that it is the most Notorious Character of the great Whore that she intoxicates with her pleasing Potions and charms with the Gaudy Delusions of Pretence and Falshood It were else impossible that Men should shut their Ears with so much obstinacy against the Attestations of such a crowd of undoubted Testimony as if it could have been expected that only Knights of the Shire and L. Mayors should have been engaged in such a Conspiracy Whether some such kind of misbelief as this were not the occasion that put this Tryal so much backward in the World shall not be argu'd here only the World must know 't was none of Mr. Arnolds fault However it has this advantage that it will be never out of season The Murther of Sir Edmondbury Godfrey and the Assassination upon Mr. Arnold will be always at hand if not to stop the Mouths yet to curb the Insolence of unbelieving Bigots Nor let the Papists think that the Spirits of the True Protestants are yet so low as to be cow'd as they expected by their Attempt upon this Gentleman Such Acts of Violence as these rather exasperate then terrify And since they have been the Aggressors of the Publick Peace by such Violations of the Laws Divine and Humane it cannot be otherwise expected but that the Ministers of Justice should be more careful to avoid their Ambuscado's for the future not by withdrawing from their fury but by exposing themselves more vigorously for the Preservation of the True Protestant Religion and the safety of his Majesty and the Peace of the Kingdom Frendet Satan fremit Antichristus tumultuantur Jesuitae summa imis miscere conantur Ex adversa igitur parte hisce furoribus motibus conatibus obviam ire licet omnibus nervis contendere ut vera Religio Doctrina Verbi Dei pura conservetur a fermento Jesuitico strenue defendatur THE TRYAL OF John Giles THE Sessions began on Wednesday the Seventh day of July 1680 the Ninth day Mr. John Giles was brought to the Bar to be Tried and there pretended that he had Witnesses at Monmouth who could testifie very material things for him and therefore prayed the Court to put off his Tryal until the next Sessions Then the Court asked him his Witnesses Names and what they could say Which he then declared to the Court. Upon which Mr. Arnold being present and Prosecutor Tam pro Domino Rege quam pro seipso the Court asked his consent and what he could say why the Tryal should not be put off that so all the World might hereafter say that Mr. Giles had all the favour that he could reasonably desire and what the Court could in Justice shew him and that no manner of Excuse might be left him After which Mr. Arnold in a very pertinent Speech declared part of the Fact and also of the Proceedings before his Wounding as it had occurred between him and Mr. Herbert and of his favourable and just Proceedings against Mr. Herbert and also against John Giles after the Fact was committed and declared that Giles had sufficient notice of his Tryal but notwithstanding he did submit himself to the Judgement of the Court. Thereupon the Court advising a Minute or two's space it was ordered That the Court should be adjourned until the Wednesday following by which time Mr Giles might send to Monmouth and have what Witnesses brought up he could get And the day appointed being come and the Court being sat Proclamation was made according to Custom Then the following Jury were called and sworn Viz. Christopher Plucknet William Dodd Anthony Nurse John Burton Nathan Goodwin George Wood James Partridge Lawrence Wood John Bradshaw William Withers Edward Proby Richard Bromfield Who according to the Form of Law were charged to enquire Whether the Prisoner were Guilty of the following Indictment upon which he had been Arraigned and had pleaded Not Guilty The Indictment THe Jurors of our Lord the King upon their Oaths do present that John Giles late of the Parish of St. Dunstans in the West in the County of Middlesex Gentleman not having God before his Eyes but being moved and seduced by the instigagation of the Devil contriving and maliciously by a most wicked Conspiracy with divers other Malefactors to the Jurors unknown fore-thought and had intending one John Arnold Esq a faithful Subject to the King and one of the Justices of the Peace for the County of Monmouth inhumanely to Maim Wound Kill and Murther the Fifteenth of April in the Thirty second year of the Reign of our Sovereign Lord Charles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. with the said Malefactors unknown at the Parish of St. Dunstans in the West aforesaid in the County of Middlesex aforesaid in and upon him the said John Arnold then and there being in the Peace of God and the King unlawfully voluntarily and of his Malice fore-thought with Force and Arms that is to say with Swords Staves and Knives of design and by lying in wait did make an Assault and him the said John Arnold did then and there Beat Wound Maim and evilly Intreat and the Throat and Face of him the said John Arnold did grievously cut with a certain Knife also divers
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
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
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
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
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