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and I inust say, if ever any thing were an in- | 5001., which may be 58. a piece had discharged stance of popery, then that man is one of the bim of, it they had been as free of their purses Jesuitedest fellows that ever was; for he does as they are of their woises and acclamations : cant so like them, that a man can't tell how to So that in truth they are only violent against govern hiinself. Who was it that should write the government whilst they can make shouls these things? Truly, he had discoursed with and voises, but if it comes once to deliver a him about the matter. Who sent the boy? man from a penal sum, they will let him rot in Do you know? Truly I can't tell : And a won gaol. For so Harris sent to me, that his party derful great snuffling and canting before he had all forsaken him, and no man would give comes to the business. Besides, what can him any thing. And this is for those hummers, there be more plain than the proof-pieces bethuse brave fellows that seem to espouse a fore the publishing? The other man says, that cause, and yet leave their party in distress. be was the man that fetched pieces from Carr's But let them go away with this, that they prove own hand, and that he always looked upon it themselves hereby enemies to the government, that all did come from Carr.
and false to that interest and inen that they Now every man that knows any thing of seem to espouse; that come only here to affront printing, knows this, that after it hath first taken a court of justice with their shouis and noises, the press, it is always carried back again to the and will not relieve their party : For this is the author, to see whether it be done according to complaint of Harris, and the disparagement of bis mind; and after that it comes to the public all men that come to espouse it. This cause, view.. And that this man, Carr, is the author, the truth of it is, I did not look upon to be of Mr. Sutton and the rest of his witnesses, if they this nature and moment, when it was opened. speak according to conscience, they themselves For though there are in this very paper upon looked upon this very man to be the author. which the inforınation is grounded, words maliTheir own witnesses looked upon it so. It was cious and reflective enough; yet they were not not only the private opinion of these men, but so apparently appropriated, that a man might the general report of all. So that, my lord, observe an extraordinary design in them. This had it not been necessary to the support of the I thought; but really trie case is altered even government, I should have scarce troubled my- | by those men. For I will tell you, Harris is self to give your lordship and the jury this trou- poor, and his keeping in prison is priocipally ble. But I must say, and I do believe, that occasioned from the manner of the reception there is no man whatsoever, that stands to have of bis punishment, which he calls bis pardon. vices of this nature convicted and punished. And therefore these felluws, these buin mers, but desires the protestant religion may be sup- let them all know, whenever they come to esported to the utmost, and that popery may be pouse a cause of public concern against the suppressed. But I say, whoever it is, that government, they spoil it; and when they are after this evidence, who is bound by his oath to taken, then they ruin one another. And this go according to evidence, shall acquit this man, is like to be so, for none will help them with a be must be a man of a humıning conscience in- groat. And this is the misfortune of that undeed.
fortunate man Harris, that he hath no place of Sir Fr. Withins. I shall hint one thing to mercy left him from the king, because he was your lordship in this case: That it is an unlike. attended with such a rabble as these people ly thing that a papist should set out this Pac-are, that have made a noise bere, and yet will quet at this time. For then, my lord, how give him no help or assistance when he wants came it to pass that Mr. Carr bad none came it: And let them know, it hath Turned this out that week; for his is a Weekly Intelligence? man's cause into a public cause, because here If Mr. Carr's had coine out, and this likewise, are people that do espouse it, and the govern, there bad been some pretence for this : Buí ment is hereby concerned much more than by since there came out but one, that the papists any one action that this Carr could have done. set out this is unlikely. They have not pre. I have said so much more of this, that I might tended to bring in any body else as the author; shew you to what a sad case this is brought from but their own witnesses say, and they them- what at first it was. For if it had passed without selves say, he was looked upon as the author. such a noise, as you see how they express themThose things that are done against the govern- selves, I should not have thought much matter ment, are never done in the face of the govern- in it; and though you had convicted bim, I ment.
should have thought a better sentence might L. C. J. Really, gentlemen, I thought not have served the turn : but they have undone that this had been a cause of that moment that Carr, if you find bin guilty; and so it is likely now I find it. For their very disturbance hath to prove, whenever there is popular attendance altered it from Mr. Carr's to a public concern. upon public causes that concern the governThe noise which they make, this way that these ment. people use, that with their shouts and noise The present case it stands thus : Mr. Carr, attend the cause, bath quite spoiled it: As in here is an information brought against himn for the case of Harris.* But those people thatdid publishing a printed pamphlet called, The then attend him, leave following him in a gaol for Pacquet of Advice from Rome, and in it there
are recited some particulars, which were olim * See ante, p. 932.
served to you before, which was not well done; but yet not so insolently done as some per-| the government as an unlawful thing. The bups do conceit. The question is, Whether he reason is plain : so fond are men in these days, was the anthor or publisher of this: you bear that when they will deny their children a penny he is thought the author, but say his counsel, for bread, they will lay it out for a pamphlei. it is not plain; and that is true. But it seems And it did so swarm, and the temptations were by their own witnesses, to any man's under- so great, that no man could keep two-pence in standing, that they looked upon him as the au- bis pocket because of the news. But still they thor. But then, is be the author and publisher never repeated of laying out their money, till of this particular book? I had rather Mr. Carr, they found there was nothing against the gewith all his faults about him, and his hummers, vernment. This is not worth a farthing, there should go away with applause, and have him is, noibing of treason in it, we will not give a found inot guilty, than do him wrong in one farthing for it. Therefore this book, if it be circumstance; for I come to try causes accordo made by him to be published, it is unlawful, ing to the truth of fact; I come not to plead whether it be malicious or not. Now for the on one side nor another; not to condemu men matter, the subject matter. What, doth Carr that are innocent, nor to acquit them if they think he hath too much wit to fool us that are be guilty. Now it remains for you to consider to try the malice? It was sillily writ, if he did what proofs you have, as to this particular not believe we understood it, and that were book against which the information lies; and very intolerable in us; I hope I speak plain : that is the printer himself, who is one of the That is, the sort of books that he writ; it must best sorts of evidence that can be had: for you be with an intent people should know what revery well know that evidences of fact are to be fections he made; and shall all mankind know, expected according to the vature of the thing. and shall they that try the cause not know it? That is, forgery is not to be proved so plainly, If you find him guilty, and say what he is guilty · as to expect witnesses as you do at the sealing of, we will judge whether the thing imports of a bond; for men do not call witnesses when malice or nö. Sir Francis Winnington hath they forge a thing. Therefore in things of that, told you there are some things that do necesnature we are fain to retreat to such probable sarily imply molice in them. If this thing dotb and conjectural evidence as the matter will not imply it, then the judges will go according bear. í believe some of you have been of ju- tu sentence; if it doth, so that it concerns not ries at the Old Bailey, and that even for men's you one farthing, whether malicious or not malives, you have very often not a direct proof licious, that is plaio. Now, there reinains only of the fact, of the act, or of the actual killing ; one thing, thai is, Whether or no he was the but yet you have such evidence by presump- publisher of this book? For that we have this tion, as seems reasonable to conscience. If evidence. The printer tells you, he was the there be a known case in men's lives, certainly person that they looked upon to be the author that should govern in offences, and especially of this book, that he sent this book to be printed when offences are of a nature that reflect upon by his boy. The printer saith, that he often the Government. As for those words, illicitè, discoursed with hini, and he took it for granted. maliciosè, uolawful; for that I must recite what His boy brought it. To what purpose? To he Mr. Recorder told you of at first, what all the printed. The printer's servant says, they looked judges of England have declared under their upon him as the author, and I have fetched hands. The words I remember are these : sheet by sheet, several sheets from his own When, by the king's command, we were to hand. I will do right in the case, be it what gire in our opinion what was to be done in it will, let him escape or not. Say his counsel, point of the regulation of the press ; we did all Had you this particular paper from him? I urge subscribe, that to print or publish any news this as clearly, as their own counsel bave ob books or pamphlets of news wbatsoever, is jected. For that you must consider, whether illegal; that it is a manifest intent to the breach he is the author of the book. You must take of the peace, and they may be proceeded evidence in this case, as you do all the year against hy law for an illegal thing. Suppose long; that is, in other cases, where you know now that this thing is not scandalous, what there is an absolute certainty that the thing is then? If there had been no reflection in this so: for human frailty inust be allowed ; that book at all, yet it is illicitè, and the author is, you may be mistaken. For you do not ought to be convicted for it. And that is for swear, nor are you bound to swear here, that a public notice to all people, and especially he was the publisher of this book; but if you printers and booksellers, that they ought to find him guilty, you only swear you believe it print nu book or pamphlet of news whatsoever, so. God help juries, if so be in matter of fact without authority. So as he is to be convicted they should promise otherwise. They cannot for it as a thing illicitè done, vot having au- swear it. Now the question is, Whether you thority. And I will assure you, if you find any have evidence enough here to swear he was the of those p' pers, I shall be more merciful is the publisher : for this is the maio thing, to prove considerauen of their punishment, if it be in that he is so. Now the printer tells you that offensive But if so be they will undertake to be knew the man; that he had frequent conprint news foolishly, they ought to be punished, verse with him about it, and that he took it and shall be punished if they do it without au- for granted. Now consider, when a man talks at thority, though there is nothing reflecting on This rate, he does not say be was, but that he
took it for granted; he does not as much as say that you believe lse is not the author, you must he is. They will own he writ several sheets of acquit him. If you are satisfied it is not he, chis book; then, why not all this book? Now we you must find him Not Guilty. So that as come to the more principal matter of fact, you are honest men and wise, as I believe you according to reason and the probable evidence are; if you believe he was not the publisher of of things That this person is taken to be the this pamphlet, that he did not send his boy to author, and that it was his boy that brought have it printed, but that he came of his own these papers to be printed. If you cannut say head, you must find him Not Guilty. he sent him, you can give no verdict while you
The Jury went from the bar, and nigh live, if you expect that. The printer says, he had been often discoursing with him; that his an hour after returned, and brought him in
Guilty. boy brought them, and that he knew no other person in the world that had any pretensions L.C.J. You have done like honest men. to be the author, and if he were the author, no Mr. Recorder. They have done like hovest doubt but he is the publisher. Whether or no any body else had an hand in this, we do not See the Proceedings against the Judges, know. If you are satisfied in your consciences infru.
268. The Trial of John Giles, at the Old Bailey, for assaulting and
attempting to murder John Arnold, * esy. : 32 CHARLES II.
A. D. 1680.7 THE sessions began on Wednesday the 7th | Rege, quam pro seipso),' the court asked his day of July 1680. The ninth day Mr. John consent, and what he could say why the trial Giles was brought to the bar to be tried; and should not be put off; that so all the world there pretended that he had witnesses at Mon- might hereafter say, That Mr. Giles had all mouth, who could testify very material things the favour that he could reasonably desire, and for him, and therefore prayed the court to put wbat the court could in justice shew him, and off his trial until the next sessions. Then the that no manner of excuse might be left him. court asked him his witnesses names, and what After which Mr. Arnold, in a very pertinent they could say? Which he then declared to speech, declared part of the fact and also of the court. Upon which Mr. Arnold, being the proceedings before his wounding, as it had present and prosecutor '(Tam pro Domino occurred between him and Mr. Herbert;
and of his favourable and just proceedings From the Journal of the Commons it ap- against Mr. Herbert, and also against John pears that this Mr. Arnold had been very active Giles, after the fact was committed; and deagainst the Papists
clared that Giles had sufficient notice of his From a pamphlet, intitled, “The Trial trial; but notwithstanding be did submit bienof John Giles, at the Sessions-House in the self to the judgment of the court. Old Bailey: Meld by Adjournment from the Thereupon the court advised a minute or 7th day of July, 1680, until the 14th day of the two's space; it was ordered, That the court saine month: The Adjournment being appoint- should be adjourned until the Wednesday foled on purpose for the said Giles his Trial, for towing ; by which time Mr. Giles might send a harbarous and inhuman attempt, to assassi- to Monmouth, and bave what witnesses brought ante and murder Jobn Arnold, esq. one of the up he could get. Justices of Peace for the county of Monmouth, And the day appointed being come, and the and now a member of the honourable House court being sat, proclamation was made acof Commons, made public by virtue of an cording to custoin. Then the following jury Order of the Lords Spiritual and Temporal, in were called and sworn, viz. Christ. Plucknet, parliament assembled : London, printed by William Dodil, Anthony Nurse, John Burion, Thomas James, for Randal Taylor, and by hiin Nathan Godwin, George Wood, James Pare sold at his house near Stationers Hall, 1681." tridge, Lawrence, Wood, John Bradshaw, Wil“ By virtue of an order to me granteri by the liam Withers, Edward Proby, Rich. Bromfield. Lords Spiritual and Temporal in parliament Who according to the form of law, were charged assembled, dated on Thursday the 28th of Oct. to enquire, Wliether the prisoner were guilty of * 1680; I do appoint Randal Taylor, vear Sta- the following indictment upon wbich he had
tioners Hall, to priot this Trial of Mr. John been arraigned, and had pleaded Not Guilty? • Giles, and that no other person or persons Cl. of Cr. The Jurors of our lord the king, presume to print the same. JO. CONBE." upon their oaths, do present, That Jotin Giles London, Oct. 14, 1680.'
late of the parish of St. Dunstan in the West, N.B. It appears from the Lords' Journal, in the county of Middlesex, gentleman, not have that it was stated on the behalf of Combe,ing God before his eyes, but being moved and that he had carefully taken in Short Hand this seduced by the instignation of the devil, conTrial, and also those of Lord Castlemaine, Eliza- triving, and maliciously, by a most wicked conbeth Cellier, and Henry Care.
spiracy, with divers other malefactors to the jurors unknown, forethought and had, intending | where they gave him several wounds, and used one John Arnold, esq. a faiibful subject to the him in a most barbarous manner. And this king, and one of the justices of peace for the did not arise from any private difference or county of Monmouth, inhumanly to maim, animosity that they could conceive against Mr. wound, kill, and murder, the 15th of April, in Arnold; but from a cause more general, that the 32nd year of the reign of our sovereign lord is, the prosecution of the horrid popish plot; Charles the 2nd, by the grace of God, king of against which Mr. Arnold, as became bim, and England, Scotland, France, and Ireland, de according to the duty, of his office, he being a fender of the faith, &c. with the said malefac- justice of the peace, was a very zealous person. tors unknown, at the parish of St. Dunstan in Gentlemeo, in the first place we will call Mr. the West aforesaid in the county of Middlesex Arnold, who shall plainly prove that this priaforesaid, in and upon him the said John Ar- soner at the bar was oue of the three assassins; nold, then and there being in the peace of God and be proyes it by a miraculous providence : and the king, unlawfully, voluntarily, and of his For just before they seized upon him a woman malice forethought, with force and arms; that in Bell-Yard held out a candle, which gave Mr. is to say, with swords, staves, and knives, of de- Arnold an opportunity to see the prisoner at sign, and by lying in wait, did make an assault; the bar, and did perfectly discern him. Gerand him the said Jolin Arnold did then and tlemen, though this is enough, considering the chere beat, wound, main, and evilly entreat, integrity and reputation of the person; yet we and the throat and face of bim the said John shall fortify bis evidence by strong and undeArnold did grievously cut with a certain knife; niable circumstances, circumstances that do also divers almost mortal wounds then and particularly relate to this matter. In the first there to the said John Arnold; that is to say, place, gentlemen, the very day that this fact one wound of the depth of seven inches in bis was done, this person, though he had a good body, between his belly and his left pap, two sword by his side, yet he did enquire where he wounds upon his breast, and two wounds in his might buy a more convenient sword, and did left arın, with certain swords, did then and desire to know where he inight have a rapier, there give and impose, so that it was despaired which was thought more convenient for this of the said John Arnold's life, and other enor design; and the very next day after this fact, mities then and there unto him did bring, to the though Mr. Aroold's having armour on was a great danger of the said Jobu Arnold, and secret which no persons but Mr. Walcup, a against the peace of our said lord the king, bis justice of the peace, and Mr. Arnold himself crown and dignity.
knew ; yet this same Giles could say, Arnold Mr. Gibbs. Gentlemen, this is an indictment had armour on; and if Arnold had not had aragainst John Giles, the prisoner at the bar, for mour on, his business had been done. And assaulting and intending to dispatch and after this fact was committed, this Giles goes murder John Arnold, one of his majesty's into Gloucestershire, and being pursued by a justices of the peace, on the 15th day of April. guilty conscience, be durst not stay there, for This John Giles and several others did intend to he was afraid, as he said himself, of being apkill Mr. Arnold, and set upon him in Jacka prehended for assassinating Mr. Arnold. After napes-lane, threw him down, and endeavoured this, gentlemen, he came to one Darcy a cutler to thrust their swords into him; but finding no in Moninouthshire, with his sword which was penetration there, they kneeled upon him, and broken, and desired hiin to mend his sword. with a knife endeavoured to cut his throat, and How now, says he, how came this sword to be in one place made a very large gash, and cut his broken? Have you been fighting with the devil! face; he endeavouring to keep them from his No, says he, I have been fighting with damned throat, they gave him a wound in his side seven Arnold. And at the very same time when inches deep, between his belly and left pap. these villains thought they had effected their They gave him several other wounds. To this bloody purpose, and gave Mr. Arnold his dishe has pleaded Not Guilty.
patch, one of them said to bim, Now, villain, Mr. Holt. May it please your lordship, and if thou hast any life in thee, pray for the soul of you gentlemen of the jury, I am counsel for the captain Evans; which Evans was a priest exeking, and the Indictment hath represented to cuted in Wales upon Mr. Arnold's prosecution, you the most horrid, vile, and barbarous as- at whose execution this Giles was present, and sault that has been almost ever committed, and dipped his handkerchief in bis blood. Now, that any man has heard of; and which I think gentlemen, considering all this, which we will scarce any thing in history can parallel. It make plain to you by Mr. Arnold, and all these was, gentlemen, in its nature most cruel, by circumstances; I suppose you will have suffithe giving him so many wounds as are set forth cient evidence to find him guilty. in the Indictment; having first way-laid and Mr. Thompson. My lord, and you gentlemen surprized him nçar a place, and at such a time, of the jury, the Indictment has been opened, as was convenient for the execution of their and the matter of it, that base attempt made wicked design. This Mr. Arnold having occa- upon Mr. Arnold, that was a justice of the sion to go through Bell-Yard between the hours peace in Monmouthshire, that is shewed in the of 10 and 11 of the clock at night, at the end of Indictment. But I must crave your lordship's Jackanapes-Lane, he was suddenly seized by leave, that I may more particularly open this two men, and by them hauled into the lane, case. This is a case, gentlemen, of very great consequence, and though it more imme- | Bell-Yard there be is set upon, there he is diately concerns Mr. Arnold, yet it highly con- wounded, there he is murdered, as these ascerns every man present; you of the jury, and sassins thought. And this Mr. Amold will I; day, every other freeman of England, which prove to you when he comes to give bis eviought to be protected by the laws, must needs dence. This to the fact. be concerned at so great a violation of them, Gentlemen, the next is now to consider how and cannot but set our faces against such vil. far this man at the bar is guilty of it; and for lainous and barbarous attempts as these, where that, gentlemen, we will give you evidence of in there did not want the good-will of the actors several sorts : to make it a most barbarous and bloody mur- 1. The positive proof of Mr. Arnold himself, der. In the course of our evidence, and the who, as Mr. Holt has observed before, almost method we will take to proceed in, it will be by a miracle, discovered the defendant's face; necessary to do these three things. First of all, for a light accidentally coming out of one of we shall acquaint you with that which we ap- the neighbouring houses, and the defendant prehend to be the reason and occasion of this looking at Mr. Arnold to see whether he was horrid fact. Next we shall tell you what that the man they wanted, immediately upon that fact was, And in the last place, enquire how he was assaulted and carried into Jackanapesfar this defendant is guilty thereof.
Lane, and was wounded in several places. For the first ; give me leave to acquaint you | This, gentlemen, is plain, and will be positively with what we apprehend to be the true reason proved; and then when this man was taken up of this assassination. It is notorious to most on suspicion, and was carried before a justice inen, but especially to the county of Monmouth, of the peace, and Mr. Arnold was sent for, where Mr. Arnold was a justice of peace, how though Mr. Arnold had no private intimation, active and diligent, how faithful and rigorous a no kind of knowledge before-hand of Giles's man he has been in the discharge of his duty being taken; and there were several men stood to his king and country, in patting the laws in besides this man, yet though he had never seen execution against the papists, and endeavouring him before, but at the time when the fact was to suppress popery: This was the ground of done, Mr. Arnold immediately charged him their malice, as you will find by the evidence, with the fact, and as soon as he heard him aud by the several threats that he had before speak he knew his voice. This was so plain this act was done. But more particularly there upon Giles, that he had not the power, though was this occasion; there was one whom they he might have had the confidence, at that time called captain Evans, but indeed was Father to deny it : But instead of a denial said, the Evans, a popish priest; this man in Monmouth matter could but amount to an assault and batwas taken by Mr. Arnold, and was prosecuted tery. In the next place we bave evidence according to law, and convicted. I mention from the defendant's own mouth, which in a this circumstance, because our evidence will re- case of this nature ought to weigh as much as fer to it, and that you will see out of the actors can be, and I think is as nuch as the nature of own mouths, if we may believe the actors in the thing is capable of. This man the very this bloody tragedy_when they did the fact : next day after Mr. Arnold had been thus asThis prosecution of Father captain Evans, was saulted, discoursing with one Phillips by nanie, no small occasion of their villainy which they and relating the business which happened to acted upon Mr. Arnold. These were the Mr. Arnold, and before he could know he had grounds of their malice, gentlemen, and what armour on, as we will prove from the circum. happened to Mr. Arnold was the effect. And stance of the ciine (what does Giles say ?) says I do the rather meution this particular, that he, Damn him, rot bim, Mr. Arnold, said be, you may know what sort of people these were had armour on. And this, gentlemen, could that practised this villainy upon Mr. Arnold; not be known by him at that time, if he had for it will be a necessary circumstance in our not been a party in this base attempt. And proof against this prisoner at the bar, to shew there is a circumstance that goes yet beyond that he is one of that bloody tribe.
this, which I would have you observe, that Gentlemen, the next thing is to shew what when Mr. Arnold was assassinated, wben they this fact was, and how it happened. Mr. Ar made their attempt, in the very act were these nold had a controversy with one Mr. Herbert, words used, Damu bim, rot him, he has armour another justice of the peace in Monmouthshire : on. These very words were spoken then, and that cause between them was to be heard be- upon that they fell to cut his throat. We fore the king and council the next day atter this have this circumstance more; he bad broken fact was committed : I mention Mr. Herbert, bis sword, and went to a cutler, one Darcy by but I hope he is more a gentleman than to be name; this man was a papist, and says he, concerned in such a villainy. We will not at Where hast thou been, Giles, fighting with the this time give any evidence that relates to him: devil? No, it was with damnd Arnold. This For truly I believe this could only be the con- we will prove to you: These are evidences that trivance of a Jesuit, and the practice of a are positive. bigotted papist. But thus it happened : Mr. Some other witnesses we have, that will be Arnold going to attend his counsel upon this very material to prove to you what sort of man occasion, to prepare himself for this bearing the defendant is : that he has declared there is that was to be before the king and council; in, no plot; that those that believe it are rogues ;