THE Bill of Indictment Exhibited against JOHN GILES, On Wednesday the 14th instant, For his Barbarous ATTEMPT upon the Body Of Justice
ARNOLD; For which he was then Tryed, and found Guilty.
Together with The Sentence he received on Saturday last, being the 17th instant.
As also what happened concerning Mr. HERBERT, in reference to the said Justice ARNOLD.
MR. John Giles being suspected for having been one of those that made the late Barbarous and Inhumane Attempt upon the person of John Arnold Esq one of His Majesties Justices of the Peace for the County of Monmouth last April, in Jackanapes-lane neer Temple [...]bar; after the indefatigable care of Edmund Warcup Esq to little effect here in Town, by the farther diligence of the Justices of the Peace in the Country, (the Justice of Heaven still pursuing the Malefactor) was upon several Informations, and strong presumptions, at length apprehended in Monmouthshire: upon his Apprehension Mr. Arnold, very ill and weak of the Wounds and Bruises he had received, took a Journey from his House to see and speak with the said John Giles, whom he had no sooner seen and heard speak, but he positively upon Oath charg'd him to be guilty of the Crime, of which he was before onely suspected.
Thereupon he the said John Giles was brought up to London to be Tryed for the Fact; in order to which, he was brought to the Bar at the Sessions-house in the Old-Bailey, upon Wednesday the 14th of this instant July, 1680, where the Jury being Sworn by the Names of
- Christopher Plucknet,
- William Dod,
- Anthony Nurse,
- John Burton,
- Nathan Goodwin,
- George Wood,
- James Partridge,
- Lawrence Wood,
- John Bradshaw,
- William Withers,
- Edward Probie,
- Richard Bromfield.
The Indictment.
THe Jurors for 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 Gent. not having God before his eyes, but being moved and seduced by the instigation of the Devil, contriving, and maliciously by a most wicked Conspiracy, with divers other Malefactors to the Jurors unknown, forethought and had, intending one John Arnold Esq a faithful Subject to the King, and oné of the Justices of the Peace for the County of Monmouth, inhumanely to Maime, Wound, Kill, and Murder, the 15th 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, voluntarily, and of his malice forethought, 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 almost Mortal Wounds then and there to the said John Arnold, that is to say, one Wound of the depth of seven Inches in his Body, between his Belly and his left Pap, two Wounds upon his Breast, and two Wounds in his Left Arm, with certain Swords then and there did give and impose, so that 'twas despair'd of the said John Arnolds Life; and other enormities then and there unto him did bring, to the great damage of the said John Arnold, and against the Peace of our said Lord the King, his Crown and Dignity.
After a full hearing of the Evidence on both sides, 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 sate, John Giles was brought to the Bar, to whom the Right Worshipful Sir George Jefferies, the Worthy Recorder of the City of London, delivered himself to this effect.
The RECORDERS Speech to John Giles.
YOu the Prisoner at the Bar, you have been Indicted for a very vile Offence, an Offence in its nature that deserves a greater Punishment than the Law does inflict upon any such Offences; There is a Jury has convicted you of this Crime, against whom, had you any Objection, you might have made your Challenge. And now you stand Convicted here: It is only the Duty of the Court to pronounce that Judgment against you, which they think may be reasonable to inflict upon such an Offender. And I must needs say, it was one of the basest and barbarous Actions, that Mankinde could possibly be guilty of; and it was an action of so much filth and baseness, that the Law could not foresee any man would be guilty of; and therefore hath not made provision for a Punishment proportionable to it. But inasmuch as we understand [by Mr. Arnold's motion to the Right Honourable the Lord Major] you have a charge of Children, therefore the Court takes some consideration: not that they think to extend any Mercy to you for your own sake, But Clemency they they think they are bound to have for those that have not offended; but with regard too (as they ought to have a care) that things of this nature be not only intended as a Punishment to the Offendor, but as a means to terrifie all other people from being guilty of such extraordinary Villanies. And because they will have a regard to your posterity, therefore they do not think fit to put so great a Fine upon you as this Fault does deserve: But on the other side, they have thought fit you should be made an Example, and that your own Corpse should have as great a Punishment as the Law will allow. And therefore in the name of the Court I do pronounce this to be your Sentence.
The Court does think fit that you be put upon the Pillory, towards Lincolns-Inne fields, as near to 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 at another day, from the hour of Twelve till One, over against Grays Inne in Holborne: And another day, between the same Hours, just by the May-pole in the Strand. These three several days you are to stand upon the Pillory, and to have a Paper put upon your Hat, wherein shall be signified to all People that come by, the Offence of which you stand Convicted. And next, to deterre all others from committing the like, the Court does think fit likewise to award, That you should pay to the King the Sum of Five Hundred Pound; and that you be Committed, till such time as you pay that Money. And because it is to be both a Punishment to you, and a Determent to all others from committing such Villanies as these are, you are to finde good Sureties for your good Behaviour during Life.
Sentence being pronounc'd, and the Prisoner remov'd from the Bar, Rich. Cavenagh was brought to the Bar, and prayed to be Discharged; but was by Mr. Arnold charged with threatning of one Philip Staneright, one of the Kings Witnesses: for which reason, and for that also a new Evidence was come in against the said Cavenagh, with some farther charge relating to Mr. Arnold's business, the Court thought fit for want of Bail to continue him a Prisoner.
Then Mr. Herbert appeared, and prayed to be Discharged from his Recognizance to appear at the Old-Baily; but being accused by a Woman, for calling her Whore, Jade, and very ill Names, and holding up his Staff at her, and threatning to beat her, for being a Witness against his Friend Gyles; as also for taking away her Horses, as she was going to the Mill; and the reason was because she was to be a Witness at London against Gyles: But she being a married Woman, and none appearing that would be bound to prosecute him for it, he was not bound over to answer it, till another Complaint came in against him. Which was immediately made by Mr. Ballard and another Gentleman; who charged Mr. Herbert, that in Whitsun-week last, upon a discourse about choosing Knights of the Shire for Monmouth, and the saying of one in the company, that 'twas thought Mr. Arnold would stand for it, Mr. Herbert should make answer, I will circumcize the other side of his Cheek first; or, He must have the other side of his Cheek circumcized first. Upon which the Court ordered he should not be Discharg'd, but remain bound upon the former Recognizance, to appear there next Sessions; and the Court gave him several sharp Reprehensions for his malicious and unmanly words and proceedings. This being the second of the King's Witnesses, and a Woman that he had barbarously treated, still passionately giving the reason, that they were Witnesses against his Friend John Giles, as it was proved on Oath before the Court by several Witnesses.
Then Sir Thomas Allen acquainted the Court, that a Gentleman had inform'd him the day before, that Mr. Herbert told him, that Mr. Arnold wounded himself, and cut his own Throat; which the Court lookt upon as an high Effect of a malicious Ingratitude: Mr. Arnold having besought his Majesty, when Mr. Herbert was in Newgate, to have his Release. Mr. Arnold replied, that Mr. Herbert had been more ungrateful to his Majesty, who had graciously pardon'd him greater Offences; and lately, for he had spoken worse of his Majesties Person and Government than he had done of him, as it had been proved before his Majesty, and of which he believed his Majesty was well satisfied. The Court told Mr. Herbert, he was a shame to all English men, and bound him by Recognizance to appear and answer this Offence at the Kingsbench-Bar, the first Day of the next Term.