Roger How. How. Mr. Giles was in my company, and staid till about 9 o'clock, or thereabouts, and then we went away, and I saw him no more for that night. Recorder. Have you any more? Then Sir George Jefferies 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 offered 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 punishment proportionable to them. But this is not your question, the question before you, Whether this man be guilty or not guilty? That there was a popish plot, no man sure doubts at this time of day. Certainly there can be none here under so strange an infatuation, as in the least to doubt but that there was a plot, especi ally when so many persons, upon full and clear evidence and trials, 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 introduction to their particular evi Powel. My lord, I met some of my country- dence; and I must plainly tell you (for it is fit men about an hour before night. Mr. Thompson. What day? Mr. Thompson. 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. Recorder. How long was you in his company? Powel. I had been in my friend's company about an hour before he came, and we staid till near 9 or thereabouts, and then we parted, and I never saw him afterwards till last Monday was seven-night. it should be mentioned), that if any villainy cas come near that horrid murder 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 villainies committed in other Popish countries: But for the honour and cre dit of that religion which I hope we shall maintain with our lives, that is, the Protestant re ligion, I say in a Protestant country, where the Protestant feligion is professed, 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 villainies 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. 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 knew his voice. He tells you like Their religion may dispense with such vil-wise that there were persons cast a cloak over fainous 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: Beelzebub 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 bim; 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 deferred, 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, one Thursday night in Easter week, at the Devil-Tavern, about nine or ten o'clock, with some friends, and he went out between ten and eleven o'clock, and his own servant not being there, he did intend to call some other servants by; but as it happened, 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 happened to be a candle coming out, and one of these two, that he did so observe to dog him, having a campaign-cloak upon him, and likewise a coat lined with red, he did observe came before him; and be doth take it upon VOL. VII. his head, ran him into Jackanapes-Lane, fell upon him, bruised his head, and wounded him in several places; particularly he mentions, that there was at the same time said by one of them, Pray for the soul of captain Evans ;' and at the same time, which is a wonderful circumstance, 'Damn the dog, he has got ar mour on, cut his throat.' He says that one man held him up by the chin, having several passes made at him, and he says he had something or other to preserve him; but notwithstanding that, he was run into the side; there were three men, he does tell you, and that one overtook him in Bell-yard, and he continues to swear it was the prisoner at the bar, according to the best of his understanding and conscience; he says it was he, and he discovered him by the sight of a candle. Besides this, which is a material circumstance, some other persons being brought to Mr. Arnold about it, Mr. Arnold did not tax them, but did positively tax that person to be one of the persons. But he tells you he suffered by passion, as I cannot blame any man for being in a passion at such a time. But his witnesses determine the thing, that that is the man, and he did positively say it, his memory being better settled than be could at first pretend to; but however, he gives that for another evidence, that he was not deceived in the person. This is the substance, as I remember, I would not do any injury to the prisoner, by repeating any thing that has not been said; nor would I do any injury to the evidence for the king, in omitting any thing that occurs to me. The next is one Philips, and he tells you that the next day, being Friday, about six or seven o'clock at night, he happened to be in company with him at an house in Covent Garden, and having some discourse concerning Arnold, and concerning that bloody, base and foul attempt that was made upon him, and was so far from having the bowels of an Englishman, or any thing of Christianity in him, that he does say he broke out into this extravagant expression, Damn him, rot him, 'he had armour on : Damn him, rot him, he had armour on I speak it twice over, because Mr. Arnold tells you that the persons during the fact was committing, said, 'Damme, cut his throat, he has armour on.' The next person comes and tells you, at a certain place in Monmouthshire, upon the 5th of May following, that he went with one of the Richmonds to this Giles, and had some discourse: Says he, How chance you have not been as good as your word, about providing me horses hair to make fishing lines, and you promised to leave it at the farrier's in Gloucester ?" How chance it was not so? He immediately 4 E was not in his chamber, if you believe him; nor indeed is there any account given of the prisoner from nine o'clock till near one, till he knocked at his door, as he was pulling off his breeches and going to bed. As to the answers that are given by the witnesses of the other side, I shall give you them when I descend to give the testimonies of the other side. adds, We were in such extraordinary haste, because we thought we were pursued about 'the business of Arnold.' And that he gives as the reason why he did not stay at Glouces ter. If in case it had not been so, why should he come and tell him he could not stay about the business of the hair, because he was like to be pursued about the business of Arnold? The next thing, gentlemen, is concerning one Powel; Powel, he tells you, that he being at one Darcy's house, a Roman Catholic, that is a sword cutler, that lives, I think, likewise at Ushe: And it seems the prisoner at the bar came to him to have his sword mended. By the way, I should have told you that the priso-testimony to himself in matters that are dark ner at the bar, before the fact was done, did enquire at a place where he might have a good rapier: that was before the fact was done. The witness spake of it last, which was the occasion that I did not give it you in order. He asked where he might have a good rapier? ་ But now to come to Darcy: Darcy having been very familiar with him, enquired, wherefore, having had his sword so lately, he should have it to mend already? Have you,' said he, 'been fighting with the devil?' Immediately upon that he swears the prisoner returned, No, but with damned Arnold.' And upon that his wife plucked him by the coat, and bid him hold his tongue. I think that is the substance of what he swears. He says there were by at that time the prisoner at the bar, the apprentice to this Darcy, and a woman that is the prisoner's wife. William Richmond, he comes and gives you a further account, that he being in his company, he tells you, they went to some place in the city to enquire after their friends, and af terwards went to the Artillery to see the exercise, then to Long-lane, from thence to Whetstone's park, and afterwards to Drury-lane; and that about nine o'clock at night they came to their inn, and he left Giles taking a pipe of tobacco in the kitchen, and went up into his chamber with some other people, drinking and making merry; and he does positively say, that between eleven and twelve o'clock at night, he saw the servant maid come up into the room, and did see she was making the bed; that he seemed to be a little surprised that any body should make a bed at that time of night, which occasioned him to go in to her, and ask her the question. The answer that he had was very material, that she said, 'There is 'a gentleman below that I must make this bed for, he does not desire to have any body lie with him.' That was the answer the maid gave. There was, he says, some little talk of love between him and the inaid, and that he positively says was near upon twelve o'clock, He says that after this, he went into his own chamber, and continued in his own chamber till nigh one; and about one being pulling off his breeches, the prisoner at the bar came and knocked at his chamber-door, and spake to him, and that was near one o'clock at night. But it is plain, during that time, the prisoner | To give you yet this further testimony, say they, We do not only give you this testimony that he is guilty of this fact, but we do give you an account of him, that he is very likely to do such a thing; for he is an ill man in himself. As on the other side, no man can give a better and obscure, than the testimony of his conversation, that he is upright in his conversation, and therefore cannot be thought guilty of so base an action: So they think they give a good evidence against him, and that he is an ill man in himself; and therefore because he is an ill man, he may be guilty of such a thing. And to prove that, they call up these wit nesses. First of all, one Bridges comes and gives you an account, that discoursing with him concerning the papists, he damned the Plot, and said that all were rascals that were not papists; and if in case that the lords that were in the Tower should happen to suffer, it would be a bloody day, and it would make a bloodier work in England than ever was known: Which shews he is a bloody ill man. The prisoner asked him, If he were not a papist? It is likely he was a papist before, or he would not have trusted him so. And this is one circumstance to prove that he is an ill man, that he hath given out such and such expressions. There is another, one Reynolds, who comes and gives you an account of his having some discourse with him afterwards about this business of Mr. Arnold, that the prisoner talked slightly of it, and said that he might do it himself. This, gentlemen, I take in general to be the substance of what has been offered for the king. If there be any thing else that does not occur to my memory, if it doth to yours, you will do well to consider of it. Say the counsel for the defendant, and that every man of the Long Robe ought to say, that if the person, which is the prisoner at the bar, were guilty of such a barbarous thing as this, no man would offer to open his mouth. Aud therefore they offer evidence for their client as they are instructed to offer to you, and you are to try whether their client be guilty. Say they, You first call one Philips to give an account; and as to what Philips says about the business in Covent-Garden, about damn him, and rot him, they bring one that was there all the time, and says he, I was by all the time, and I heard no such words. So far was be from making any particular reflections upon Mr. Arnold, that he cried it was a very horrible, a very barbarous thing. Nay, says he, to give credit to this testimony of his, I never use to keep company with them that use such words, as damn him, and rot him, as he says. ever he was there at all; but you hear he has refreshed her memory with a love story, that he was in the room, and she does agree in these very circumstances he speaks of; so that that gives credit to the testimony of Richmond, and puts a disparagement upon her testimony, since she could be so exceeding forgetful, as not to remember such à circumstance. The next is an old woman: And she swears point blank she was with him most part of the day; and that she was with him at dinner, and was with him till nine of the clock at night, and then went to bed. And though she seemed to differ and blunder in some part of her testi The next witness is Mr. Herbert Jones; he comes and tells you, I went with him from London, I went with him to Gloucester, I staid at an inn called the Old-Bear, and staid and dined with him there. I went after that to the NewBear, we went thither and drank cyder together; and this was very public: For several persons that lived in the town, came to us and enquired after the business of Arnold; and if in case we had been under any such jealousy as that was, we would not have staid so long, as, says he, we did. Say they on the other side, We do not say that you did not stay in Glouces-mony, because she knew nothing of his going ter; but, say they, by way of objection against the prisoner at the bar, we say that you yourself, on the 5th of May, said, in answer to the person that came to ask you, Why you bad not brought the hair, that he might go a fishing? You said, We durst not stay for fear of pursuit upon the account of Mr. Arnold. This you yourself said, and by saying so, you have contracted that guilt in point of circumstance, which is objected by us against you. This is the answer given to that that Mr. Jones says. The next person that comes to give you an account is one John Jones, who is the apprentice Says he, you bring a witness against me that I said such a thing at Uske, at Darcy's the sword-cutler's, and you say the apprentice was by: And he gives you this evidence: Says he, I was by at such a time as the man speaks of, and being by at that time, I do very well remember, that there was a discourse concerning soine great conflict that Mr. Giles had been in, and that Giles's wife was by, and so was the other person that gave the evidence, that such a discourse there was of fighting with the devil; but now he inverts the saying of the other man, and says that he should say, He never met with Arnold the devil. The one answers, when the thing was asked him, Whether he had been fighting with the devil? No, not with the devil, but with Arnold; the other swears, He did not meet with the devil Arnold. He tells you likewise, his wife did not pull him by the clothes, and bid him hold his tongue. The next witness is Powel; and he gives you an account that he came with him to town: He gives you an account how he staid with him, and came along with him till 9 o'clock at night; for he does not pretend to give you an account after nine. Then comes Crook: And Crook, that is the maid servant, she says, I cannot positively tell you when he came in, but will positively say, that I made his bed about 10, and before 11 I asked him about his candle; he bid me lock the door, and he would put out the candle himself, and she went away and left the candle. And that is very material; for the time this fact was committed was between 10 and 11; this is what the maid says: Now there is this answer to what she swears. She first of all forgot that ever Richmond, that speaks concerning the breeches and other circumstances, that into Long-Lane, and other places; however, she gives an account about the time of nine o'clock, that she left him in the kitchen, and then she went to bed. The next witness is James: And James doth positively swear, that he was drinking with him in the kitchen till past twelve o'clock at night; but that cannot be true, if the wench that made the bed swear true; for she swears she made the bed before ten, and he went to bed before eleven; so that he could not be abed before eleven, if he swears true; and he could not be in the kitchen at twelve o'clock, if she swears true. Gentlemen, Richmond's man he gives you no farther an account than what runs square to his master's testimony; that he left him at nine o'clock at night, and he heard him cail at his master's chamber about twelve, and so they punctally agree. But he gives no manner of account where he was between nine and twelve, between which hours this fact was done. Next, gentlemen, there have been some more witnesses called for the prisoner at the bar, who gave you an account where he was before such time as he came to his lodging. Now it is not denied on either side, but that he might be till within night at that house they speak of; but the account that is desired to be given of this matter, is to know where he was between nine o'clock and twelve, when this fact was committed. These gentlemen, according as it occurs to me are the substantial parts of evidence, both on the one side and the other. The matter therefore resolves it within this narrow compass: If upon what you have heard from Mr. Arnold, attended with the rest of the circumstances that you have heard sworn by the witnesses, you do believe the prisoner at the bar is guilty; for he might be at his lodging at nine o'clock, and be might be at his lodging at twelve or one, and he might do this fact. For it is certain it was not a sudden matter, for it was a thing done preparedly; and therefore you must not expect that men that are guilty of such barbarous designs as this, will lay their designs open. To be sure, whoever it was did this fact upon Mr. Arnold, they would do it so as to make themselves appear as innocent as could be. It is not a matter to be relied on, that because this man was innocent in St. Martin's lane, therefore he did not do this thing in Bellyard. There is another circumstance against the prisoner at the bar; that he should imagine, notwithstanding all this, that Mr. Arnold had wounded himself. But when he found that that was not very probable, that a man could wound himself so, by reason of several places that he received his wounds in; he would have it, that though he did not do it himself, yet some of his friends might. Indeed if he be guilty, some of his relations might do it, but certainly he was no friend that did it. It is against nature for any man to believe that any person should put himself to so much trouble; if he had a mind to dispatch himself, he might have done it with much more ease, and not have put himself to that trouble; for men, when they have a mind to do the business, they do not use to take such a deal of pains to stab themselves' here and there. therefore the court takes some consideration: Not that they think to extend any mercy to you for your own sake, but a regard they think they are bound to have for those that have not offended. But we ought to have care to let the world know, we do not intend only a punishment to the offender, but by that to terrify all other people from being guilty of such extraor dinary villainies. And because they will have regard to your posterity, therefore they do not think fit to put so great a fine upon you as this fact does deserve. But on the other side, they have thought fit you should be made an example of and that you should suffer as great a corporal punishment as the law will allow. And there. fore in the name of the court I do pronounce this to be your sentence: That you be put in the pillory towards Lincoln's-Inn-fields, as 'near the place where this barbarous fact was committed as may be: And there you are to 'stand from the hour of twelve till one, one day, at noon day. And on another day, from the hour of twelve to one, over-against Grays-Inn in Holborn. And another day, between the Thus, gentlemen, the evidence being very long, and the circumstances very many, things may occur to you that do not at present to me. Yet I must tell you again, in a matter of pub-same hours just by the May-pole in the Strand. lic example, the proof ought to be very great, to convict a man of such an offence; but you must not expect it should be so clear, as in a matter of right between man and man, and of things that are done in the face of the sun. It was done in the dark: The devil that set them a-work, docs fill them with cunning enough to keep this attempt as concealed as may be: And therefore circumstances of this nature must be wonderfully considered; an account of which Mr. Arnold himself gives you, and hea terror to all other such villains, you are to 'does believe in his conscience the prisoner at the bar to be the man. The Jury withdrew, and having debated together about half an hour, returned, and brought the prisoner in Guilty. Which done the court adjourned till the Saturday following, the 17th of July. At which time the court being sat, John Giles was brought to the bar; to whom the right worshipful sir George Jefferies delivered himself to this effect. These three several days you are to stand in 'the pillory, and to have a paper put upon your 'hat whereby it shall be signified the offence of which you stand convicted. And next, to 'deter all others from committing the like, the 'court does think fit likewise to award, that you should pay to the king the sum of 500. and that you be committed in execution, till such time as you pay that money. And be cause it is both to be a punishment to you,and find sureties for your good behaviour during life.' Sentence being pronounced, and the prisoner removed from the bar, Richard Cavenaugh was brought to the bar, and prayed to be dischar ged; But was by Mr. Arnold charged with threatning one Philip Stane right, one of the king's witnesses: For which reason, and for that also a new evidence was come in against the said Cavenaugh, with some farther charge relating to Mr. Arnold's business, the court thought fit, for want of bail, to continue bim prisoner. Recorder. You the prisoner at the bar, you have been indicted for a very vile offence; an offence in its nature that deserves a greater pu- Then Mr. Herbert appeared, and prayed to nishment than the law can inflict upon any be discharged from his recognizance to appear such offences. There is a jury has convicted at the Old-Bailey: But being accused by a wo you of this crime, against whom, had you had man for calling her Whore, Jade, and very ill any objection, you might have made your chal-names, and holding up his staff at her, and threatlenge. And now you stand convicted here, itening to beat her for being a witness against is only the duty of the court to pronounce that judgment against you, which they think may be reasonable to inflict upon such an offender. For I must needs say, it was one of the basest and most barbarous actions that mankind could possibly be guilty of: an action of so much filth and baseness, that the law could not foresee any inan could be guilty of, and therefore hath not made provision for a punishment proportionable to it. But inasmuch as we understand by Mr. Arnold you have a charge of children, his friend Giles; as also for taking away her horse as she was going to the mill; and the reason was, because she was to be a witness in London against Giles. But she being a married woman and none appearing that would be bound to prosecute him for it, he was nos bound over to auswer it, till another complaint came in against him, which was immediately made by Mr. Ballard, and another gentleman; who charged Mr. Herbert, that in Whitsun week last upon a discourse for chasing knights |