The first three witnesses were Pope, Fitzherbert, and Taylor, who were visited by Hicks and Monmouth's chaplain, apparently for more or less charitable purposes, when they were prisoners to Monmouth's Army in Sir Thomas Bridge's stables at Keynsham. Two of them also spoke to having seen him actually in Monmouth's Army.
James Dunne was then sworn.
Pollexfen—If your lordship please to observe, the times will fall out to be very material in this case: the battle at Kings-Edgemore was the sixth of July; three or four days afterwards was the taking of Monmouth, and my lord Grey at Ringwood; upon the 26th of July, ten or twelve days after the taking of Monmouth, was this message sent by Dunne to Mrs. Lisle: so we call Dunne to prove what message he carried upon the 26th, and what answer was returned; he will tell you that Tuesday was the time appointed for them to come, in the night, and all the other circumstances. But withal, I must acquaint your lordship, that this fellow, Dunne, is a very unwilling witness; and therefore with submission to your lordship, we do humbly desire your lordship would please to examine him a little the more strictly.
Lord Chief-Justice—You say well: Hark you, friend, I would take notice of something to you, by the way, and you would do well to mind what I say to you. According as the counsel that are here for the King seem to insinuate, you were employed as a messenger between these persons, one whereof has already been proved a notorious rebel, and the other is the prisoner at the bar, and your errand was to procure a reception at her house for him.
Dunne—My lord, I did so.
Lord Chief-Justice—Very well. Now mark what I say to you, friend: I would not by any means in the world endeavour to fright you into anything, or any ways tempt you to tell an untruth, but provoke you to tell the truth, and nothing but the truth, that is the business we come about here. Know, friend, there is no religion that any man can pretend to, can give a countenance to lying, or can dispense with telling the truth: Thou hast a precious immortal soul, and there is nothing in the world equal to it in value: There is no relation to thy mistress, if she be so; no relation to thy friend; nay, to thy father or thy child; nay, not all the temporal relations in the world can be equal to thy precious immortal soul. Consider that the Great God of Heaven and Earth, before whose tribunal thou, and we, and all persons are to stand at the last day, will call thee to an account for the rescinding his truth, and take vengeance of thee for every falshood thou tellest. I charge thee therefore, as thou wilt answer it to the Great God, the judge of all the earth, that thou do not dare to waver one tittle from the truth, upon any account or pretence whatsoever: For though it were to save thy life, yet the value of thy precious and immortal soul is much greater, than that thou shouldst forfeit it for the saving of any the most precious outward blessing thou dost enjoy; for that God of Heaven may justly strike thee into eternal flames, and make thee drop into the bottomless lake of fire and brimstone, if thou offer to deviate the least from the truth, and nothing but the truth. According to the command of that oath that thou hast taken, tell us who employed you, when you were employed, and where? Who caused you to go on this message, and what the message was? For I tell thee God is not to be mocked, and thou canst not deceive him, though thou mayst us. But I assure you if I catch you prevaricating in any the least tittle (and perhaps I know more than you think I do; no, none of your saints can save your soul, nor shall they save your body neither) I will be sure to punish every variation from the truth that you are guilty of.
Now come and tell us, how you came to be employed upon such a message, what your errand was, and what was the issue and result of it?
Dunne then proceeds to depose that a man came to his house to desire him to go with a message to Lady Lisle; he came on a Friday, after the battle; he was a short black man, and promised a good reward. On Saturday Dunne went to Moyles Court, and Lady Lisle agreed to receive Hicks on Tuesday evening. He was pressed as to whether she asked if he knew Hicks—
Lord Chief-Justice—Why dost thou think that she would entertain any one she had no knowledge of merely upon thy message? Mr. Dunne! Mr. Dunne! have a care, it may be more is known of this matter than you think for.[56]
Dunne—My Lord, I tell you the truth.