and if ever any of the lords in the Tower should soffer, this nation should feel a bloodier 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 hin.self, or some of his friends, to revive the plot. A very fine contrivance indeed! for a person to stab 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 is no remembrance in history, that I know of, of such barbarous attempts, except in the case of sir Edmundbury Godfrey, who was most barbarously murdered by this sort of men. And this case, gentlemen, differs from that only in this, that there they accomplished their villainy 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 itself) that this damned Popish plot still continues, and that it 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 exemplary punishment upon this villain, that may deter the like barbarous and bloody attempts for the future. Mr. Arnold sworn. Mr. Thompson. 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 villainy befel me. I was upon the 16th day of April in my chamber in the afternoon, and my lord Chandois and several other persons came to any 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 counsel. 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 just as we were breaking up, I recollected that I had some business with Mr. Phillips, who is a counsellor at law, and lives near the end of Bell-yard. I desired the company to stay, and I would come to them in a moment. I went to the room where several servants were, and called to some of them to go with me; For several of my friends and neighbours being in town, I very often took their servants with me, when mine were busy or out of the way. As I went cross Fleet-street, I did set two men in campaign cloaks follow me, and I thought them to be servants belonging to Mr. Recorder (Sir George Jefferies.) You knew him before, Mr. Arnold? Mr. Arnold. I did not know him so well be fore as to know his face. At the kennel at the end of Jackanapes Lane, I looking down to find the kennel, a cloak was thrown over my head, then I found very rough bands upon my shoul ders, and they ran me into Jackanapes-Lane, just cross the lane, against the opposite wall, and they run my head so hard I think they broke it; I drew my sword before, but before I could use it, I was struck, and immediately upon that, one of them struck me; then I apprehended what it was, but could not turn to make any defence. I received a second blow, and fell, and the first thing I was sensible of was a very sharp quick thrust in my side, and the point at that thrust ran into my belly; then I recovering began to make what defence I could. With a broad sword I was run through my arm, and with a small weapon I was run through in another place of my arm. I had several other wounds; one of them set his foot hard upon my breast, and kept me down, and he was, as I conceive, run into the leg by one of his com panions, for I heard him say, 'Damme thou hast spoiled my leg. They laughed all the while, and were exceeding merry. I had then on a pair of bodice of whalebone, notwithstanding which I had four or five wounds in my body through them, for they were not proof, but they imagined they were, finding their swords double sometimes, and then said one of them, Damme, he has armour on, cut his throat.' Immediately one kneeled down, and gave me several cuts in the lower part of the face, and I did what I could to defend myself, but they have given me some indelible marks, characters that will never be obliterated while I live, and I am afraid I shall never be myself again, by reason of the bruises in my head! and breast. By a candle in a window, I conceive in sir Thomas Baldwin's house, and some women in his yard, gave them the first disturbance, and a boy coming by with a link the same time, I both saw the face of the prisoner at the bar again, and remembered I saw him in the lane just before. They then pulled the cloak from off me, and I seeing the light, and being eased of the weight, I strained all my strength and cried out, and then some company came in, who are here to prove it; but seeing me all blood and dirt, they stood gazing on me a time, but at last took me up and carried me into the Sugar-loaf, and from thence I was carried to my lodging, where all the company I left came to me, and a surgeon was sent for, who is also here to prove his knowledge of the condition he found me in. And when they went away, they did not steal away as other malefactors used to do, but clapt their swords close to their bodies, and went away laughing aloud; but as they were going, one of them said these words, Now, you dog, pray for, or pray again for the soul of Captain Evans.' Captain Evans was a Jesuit, and was executed at Cardiffe for being a priest; and I have been informed by several persons of good quality, that when the under sheriff came to give him notice that he had a warrant for his speedy execution, the said Evans being in a game at tennis, said God damme, I will play out my set first.' Recorder. Mr. Arnold, I would know one thing: Will you undertake to swear positively that this person was one of the persons who stept before you? Will you take it upon your oath, that that person, the prisoner at the bar, went before you ? Mr. Arnold. I will take it upon my oath, as far as a man can do, for one man, it is possible, may be like another both by his voice and his face; I can swear I believe he is the man, Mr. Thompson. You are satisfied upon the first sight that you had of him in the country, that he was the man. Mr. Arnold. Yes, sir, and he can tell you that by a very good token, for I had like to have run him through. Recorder. We must not expect that there can be exact and positive proof; for men that commit offences of this impudent nature do not usually call witnesses to be present to see them done; therefore we would come as near as we can to circumstances, whereby a fact of such a nature is to be proved. Mr. Arnold, do you believe that the prisoner at the bar was one of the persons that went before you in Bell Yard? Mr. Arnold. Upon my conscience I do believe he was the man. Recorder. What o'clock was it? Mr. Arnold. About 11 o'clock, or between 10 and 11. Recorder. When the link came there, was there three? And do you believe by the light you had by the link, that that was one of the persons that were there? Arnold. I saw his face and habit, and believe he was. Recorder. What habit had be on? Arnold. He had a grey cloak, a campaign cloak, and a coat, I think, lined with red. It is impossible to give an account of every particular under those circumstances I was in. Recorder. It is not to be expected that a man under your circumstances should be extraordinary precise in circumstances; therefore it is asked you, that according to the best of your apprehension, you might acquaint the court with those circumstances that may be re VOL. VII. membered by the jury, that they may see there be no injury done to the prisoner at the bar, but that right be done on both sides, and that in every circumstance. Mr. Holt. Now, Sir, we will call Mr. Phillips, with whom he had this discourse the next day. Recorder. Will the prisoner ask him any questions? Pris. 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? 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 is possible do not know them; he lives I think a dozen miles from me. Pris. That is 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. Arnold. It 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. 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 in the evening the next day, some discourse happened concerning his miserable condition, and how he was hurt, and of that nature. Recorder. How many was there in company? Phillips. One or two more. Recorder. What house? 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 ' damn him, God rot him, he had armour on ;' the word was, God damn him,' or, God rot him, he had armour on, they say.' Mr. Holt. What time of night was that? Phillips. As near as I can remember, it was about eight or nine the next day in the evening. Mr. Thomson. The very words that Arnold swears when they went to cut his throat. Pris. 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 had annour on. 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 will assure you it does not look as if you were akin to him, or your wife either. Walter Watkins. Mr. Holt. Mr. Watkins, what did you hear that Giles should say in Gloucestershire about this business? 4 D . Mr. Thomson. What said he about this business of Mr. Arnold ? 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 horsehair to make a fishing line : Mr. Giles replied, That he had left very good hair for me at a farrier's in Gloucester; for he and Mr. Herbert Jones made such haste through the town of Gloucester, that they did not call for the horsehair. I asked Mr. Giles what was the occasion of his haste? said he, for fear we should be stopped in our journey, as suspected to be concerned in Mr. Arnold's business. Recorder. What time was that? George Richmond. W. Richmond. My lord, he told me he would go to the executioner, and persuade him not to execute Mr. Lewis, but I had the executioner locked up, and I would not suffer him; but I Mr. Holt. Mr. Richmond, what can you did see him very active at the execution, dipsay concerning this thing? 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? ping cloths in Lewis's blood. Mr. Thompson. What do you say as to his coming to his lodging? W. Richmond. We went to several places that day, and at eight or nine, or between eight and nine, we came to the King's-Arms in St. Martin's Lane, and I left him at the kitchen fire, and went up into the chamber and drank Richmond. At Uske. And as we were making up the account, said Mr. Watkins to Mr. Giles, Where is the horsehair you promi-a considerable quantity of drink; and as near sed me to make fishing-lines? Giles replied, He left very good horsehair at a farrier's in Gloucester and he asked him, Why he left it? He said, He made haste for fear of being taken and stopped for Mr. Arnold's business. | I cannot say whether he called him esq. Arnold, or Mr. Arnold, or what; he seldom used to give him so good words. : Waller Powel. Mr. Holt. What do you know concerning Giles his being at the cutler's? Powel. If it please you, sir, I was at the cutler's. Recorder. Name the time when and the place where. Powel. The 5th of May, at a place called Uske 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 aftornoon. Says Darcy, Where have you been? you have been hot at it. What, have you been fighting with the devil ? No, said he, with damned 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 damned Arnold? Powel. Peter Darcy said he must not speak such words; and Giles's wife plucked 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. as I can guess, it was between twelve and one o'clock before he came to his bed, for after I was going to bed, about one o'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? W. Richmond. As near as I can gues, it was between twelve and one, or very near one. Recorder. At what house was it? W. Richmond. The King's-Arms in St. Martin's-Lane. Recorder. What did you say when the maid was making the bed? W. 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? W. Richmond. About nine. Recorder. Did you stay in that house till that time? W. Richmond. I lay in the house, sir. Recorder. You were not out of the house the while? W. Richmond. No, sir, I was not out of it. Recorder. And you are sure that you did not see him again till he came to your door going to bed? W. Richmond. Yes, sir. Recorder. What time was that? 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 o'clock. Recorder. Where did you go at that time? Richmond. We went to Long Lane, to one Philpot's, and she told us her husband was gone to exercise at the next church; I do not know the church's name, and there we went and looked upon the soldiers, 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 country-fellow we had with us, and went into Whetstone's-Park, from thence we went to the Helmet in DruryLane. Recorder. You went to Whetstone's Park, and what did you spend there? W. Richmond. Six pence, and he paid it. Recorder. Whither did you go from thence? W. Richmond. Into Drury-lane. Recorder. How long did you stay in Drurylane? W. Richmond. It was not long, sir, about an hour. Recorder. Where after that? W. Richmond. From thence to the Peacock, and staid till eight or nine. Recorder. Who did you meet withal between your going from the Helmet in Drury-lane to the Peacock? W. Richmond. We met with one Powel and another, and one Elizabeth Edwards. Recorder. What did you drink there? W. Richmond. We did drink both ale and brandy. Recorder. Well said: How long did you stay there? W. Richmond. We staid there a pretty while, an hour or more, or two hours. Recorder. What time of night was it that you went from thence? W. Richmond. About eight or nine. Recorder. And then you went to your lodg ings? W. Richmond. Yes. Recorder. Did you drink at the King's-arins? W. Richmond. No, we drank not all together. Recorder. And there you staid till twelve or one o'clock. W. Richmond. Yes. Recorder. But can you remember, as near as you can guess, what time was it you saw this maid making of the bed? W. Richmond. I cannot say positively, but I judge it was about twelve o'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? Recorder. That is a copy. Recorder. He did confess it before a justice of the peace, that he was at his lodging at ten o'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. Giles. 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. (Sir Creswel Levinz.) 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. Holt. We will give you now, gentlemen, an account of this man's principles. Recorder. This is the business: Richmond says, they came together to their lodging before night, but he left him at the kitchen fire, and went into another room to drink with some company; and this Mr. Richmond says, his bed was not made till twelve o'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 o'clock. Mr. Thompson. There is a contradiction in that. Recorder. There is no contradiction: The other witness says, that he came along with him at nine o'clock. Mr. Thompson. I will tell you where this is a contradiction. Att. Gen. He says he came to the house at nine o'clock, but he came not to bed till after one. Recorder. The evidence does not go so far: Richmond says they came to the King's-Arms, and left him in the kitchen at nine o'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 bad any discourse with Giles concerning the Plot, and concerning the lords in the Tower? And what did he say to you? I Mr. Bridges. I had some discourse with him concerning the papists; he that said that it was the best religion, and those that were not of that religion should be damned: I alledged against him, and told him the contrary: 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. Bridges. This was, my lord, about a twelvemonth 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 Gites. Have not you been a papist, sir? 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 would 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 than ever was spilt. And I asked him again, why they should not be if they should deserve it? For if a poor man put to death 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 Taylor's house. Giles. Did not you say that George Taylor discoured this with you? Mr. Thompson. Is this the man that spake it, upon your oath? Moor. Yes, this was the man. Giles. What did Taylor 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 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 was in company with John Giles and another, and we 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. Recorder. Where was it? Reynold. 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 did you say? Reynold. The second day of May. Recorder. He did discourse the 5th day of May at Uske, I would fain know when he came through Gloucester. Mr. Thompson. What did he say about Mr. Arnold? Reynold. He thought that he wounded himself in his arms? Said he, it was himself, or self. Says his wife, how could he wound himsome of his friends. Recorder. Or some of his relations. Mr. Hobbs. Mr. Thompson. Mr. Hobbs, Pray tell how you found Mr. Arnold when he was wounded. Hobbs. I found Mr. Arnold bleeding. Mr. Thompson. Tell what wounds they were. 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? Hobbs, They were not very deep, but there was one upon the belly six inches and an half; there were two through his arm, and a wound and several bruises in bis head. Mr. Thompson. This is likely to be a fine likely as that sir Edmundbury Godfrey put contrivance, that he should do it himself, as his own sword through his own body after his neck was broke. [A great shout given.] Lord Mayor. Do you believe a man could wound himself so? Hobbs. No, sir. Recorder, I believe a man could do it, but I believe a man would not do it himself. Fifteen or sixteen witnesses more for the examined, the court being in some haste and king, that were attending in the court, were not examined, there being so full evidence: nor the king's counsel not pressing to have them was there one word replied to the prisoner's wit tradictory." nesses, they being all either frivolous or con Mr. Darnal. May it please your lordship, for Giles, the prisoner at the bar, and I must and you gentlemen of the jury, I am of counsel against him; and if I were sure he was conneeds say there has been a strong evidence given cerned in this barbarous attempt upon Mr. Arnold, I would not open my mouth in this cause but if my rief be true, I make no ques tion 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, or what passed in discourse at the |