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and that paper was forty times less than that ought to be a person of untainted fidelity, that which he had given in to the secret Committee. he may keep bis client's secrets; and for a
Jost. Wild. [To sir John Cutler.] Sir John, lawyer to be convicted for such an offence, is What paper is that you have in yout hand ? that which aggravates it beyond all expression,
Sir John Cutler. It is only the names of and I think we can do no less to evidence the the jury, my Lord.
care we have of the king's people, than to shew L. C. J. You do well to take the names of that there shall be greater severity used against the jury with you, if you withdraw, that you such persons offending; and it is a great credit may know one another : But I suppose you and benefit to the profession, that the inembers will not be long out.
of it for such offences shall be dealt with more Jast. Wild. I spoke it, because you are to severely, than we should deal in any other have no papers with you, but what are under case : so far will we be from lessening it in this seal.
respect. For I would have no man of the proThen the jury withdrew, and after a short afterwards to draw people to him to trust him
fession of the law, that should do thus, be able recess, return again to the bar, and being called with their business; but his offence should be by their names, severally answered.
publicly known to all the world, that men Cl. of the Cr., Gentlemen, are you all might know him, and not employ him. In agreed of your verdict ?
one sense, it is true, he may be trusted with a Omnes. Yes.
secret, by the same reason that a known lyar Cl. of the Cr. Who shall say for you? may be, because his word is never to be, beOmnes. Our foreman.
liered. Cl. of the Cr. How say you, is Nathanael There is another thing that we regard in Reading Guilty of the offence whereof he stands your person too ; if you were a man of a great indicted, or Not Guilty ?
fortune, or a large estate, I do not see but we Foreman. Guilty.
should set that, which might be called a RaoCl. of the Cr. This is your verdict; you som, rather than a fine, in this case; but it say, that Nathanael Reading is Guilty of the not being so, we have taken it into our consioffence whereof he stands indicted, and so you deration to do it with measure ; but we will say all!
supply that defect, by a punishment of another Just. Wild. It is a very good verdict. nature, according to the old saying, .qui non L. C. J. It is a very good verdict, the mat
habet in crumena luat in corpore.' ter lay in a small room, and I wonder how Mr. Therefore the jndgment of the court is this, Reading could make it so long.
be fined 1,000l. that you be impriJust. Athins. He was the greatest witness soned for the space of one year; and that upon against himself.
Monday next, between the hours of eleven and L. C. J. You of the jury may take your ease. twelve, you be set in the pillory, for the space Then the court adjourned till two of the
of one hour, in Palace-yard in Westminster. clock, being then half an hour past one.
And I will tell you, your offence is so great
and hath such a relation to that which the About half an hour after, the court returned whole nation is concerned in, because it was an again ; and proclamation being made for at- attempt to baffle the evidence of that conspitendance, the Lord Chief Justice spoke to the racy, which if it bad oot been, by the mercy of prisoner convicted then standing at the bar, God, detected, God knows what might have thus :
befallen us all by this time; and still the parlia. L. C. J. Mr. Reading, you have been here ment have it under their consideration, how to upon your trial to-day, and you are convicted prevent any further mischief by it; and for of a very great and heinous crime; there re- you, in such a way as this, to do what you can mains nothing now, but to receive the judgment to suppress the evidence, is such a crime, that of the law : and the rule of law is, that in all we have reason to suspect, that the rage of the cases the coutt should consider quantitatem people will be so great against you, that it delicti, et qualitatem personæ,' and accordingly might endanger your life. Therefore we have pronounce tbeir judgmeðt.
taken care to give a charge to the sheriff, and As to the quantity of the offence, you your the justices, that the peace might be kept, and selfdid admit in the beginning of your defence that no ill consequences may happen to you, but that it was not capable of aggravation, but looks only the shame and infamy, to which you are rather like treason than a misdemeanour; and condemned ; and which you do deserve as well so I shall not speak to that, for any flourishes as any man that ever was convicted. would but sound in dimninution of it.
Then the Court adjourned to Hicks's hall, Then we bave nothing to consider, but the quality of the person ; and of that there might upon Wednesday the soth of April : and the be a great deal said, if we consider your person
keeper went away with his prisoner. as a lawyer, one that should be a nan of know- On the Monday following, the prisoner was ledge to be able to advise, a minister of jus- set in the pillory, according to the Judgment of tice to assist the court wherein he pleads; and the court.
251. The Trial of Thomas WHITE, alias WHITEBREAD*, Provincial
of the Jesuits in England, William HARCOURT, pretended Rector of London, John FENWICK, Procurator for the Jesuits in England, John Gavan alias GAWEN, and ANTHONY TURNER,f all Jesuits and Priests, at the Old Bailey, for High
Treason : 31 CHARLES II. A. D. 1679. ON Friday the 13th of June, 1679, at the ses- Corker. I am a stranger to the things charsions-house in the Old Bailey, the Court being ged upon me. met, at which all the judges of England were L. C. J. Can you not tell, whether you present; proclamation was made of silence and have any witnesses or ao ? The matter is this, attention whilst the king's commission of Oyer both for you and all the rest of you, that there and Terminer, and of gaol delivery were openly may be no exception; you are upon the trial read; and after the usual proclamation of at- of your lives, and we upon our oaths, and tendance upon the sessions, the court proceeded therefore I speak it, if so be you have any witto call the juries impannelled, and to the trials of nesses because you pretend you are surprised, the prisoners, thus :
if you have really any, whereby you can make Clerk of the Crown. Set Thomas Whitebread, a better defence for yourselves than now, the John Fenwick, William Harcourt, John Gavan, court will incline to your request ; but if you Anthony Turner and James Corker, to the bar. have not, then it is in vain to tarry. Capt. Richardson. They are all on.
Corker. My Lord, I verily believe I shall cl. of the Cr. Thomas Wluite, alias White- have witnesses. bread, hold up thy hand; John Fenwick, hold L. C. J. As for the copy of the Indictment, up thy hand; William Harcourt, alias Harri- it is never granted to any persons, and thereson, hold up thy hand ; John Gavan, hold up fore must not be to you. thy hand; Anthony Turner, hold up thy hand; L. C. J. North. You must give us clear saJames Corker, hold up thy hand; which they tisfaction, that you are real in your pretences; all severally did.
and must give us the names of your witnesses, And James Corker presented a Petition to the where they live, and let us kuow what they can Court, to this effect :
say for you, that we may be satisfied, for such
a general allegatiou as this, any man living “ That about eight months since, the peti- may make. tioner was committed for refusing to take the Recorder. (Sir George Jefferies) He was oaths of allegiance and supremacy; that he had one of the ten that was appointed by the counlately received notice to prepare himself for his cil to he tried. trial, against this present day, but that the same L. C. J. Why, you had notice a week ago? was afterwards contradicted ; and that yester- Corker. But it was contradicted the next day a gentleman informed him from the Attor- day, ney General, that a bill was found against him Capt. Richardson. I heard Mr. Clare say of high-treason, and that be was to prepare that he should be tried then. himself for his trial thereupon accordingly; Attorney General. (Sir William Jones.) He and forasmuch as the petitioner is altogether had notice together with the rest, but he was ignorant of the matters charged upon him in not in the first order of council for the trial of the saine, and by reason thereof is absolutely these persons; he sent to the clerk to know who surprized, and unprepared for his defence, and were to be tried, and his name was left out ; divers gaol deliveries having been held since his and so understood he was not to be tried. On first commitment, and he never called to his Tuesday last I moved that he might be put trial ; he doth humbly beseech their honours, into the order, and so he was, and now there is that be inay not be tried till the next sessions, an order of council for it; but he had notice a and that in the mean time he may have copies week ago, as well as the rest. of such informations as are given in against Capt. Richardson. I gave them notice that him."
all were to prepare for their trial as this day, Lord Chief Justice. (Sir William Scroggs.) and in order to that, I went to the council, to see Mr. Corker, have you really any witnesses, what order was taken about it, and the clerk without whom you cannot make your defence shewed me their names, amongst wluich Corker Corker. No, my lord, I have none.
was left out; and I told him Čorker had notice L. C. J. You do not understand my ques- of trial, and therefore I desired I might have tion? Do not you want any witnesses now, an order for him too; they told me, that there that you may have another time?
was no order taken about him.
Alt. Gen. My Lord, I would have all the * See ante, p. 120.
gentlemen have all the fair play in the world ; + See Introduction to theTrials for the Popish therefore if he can satisfy your lordship, that Plot, ante, vol. 6, p. 1401.
he can have any witnesses that he hath not now, I am content the trial should stay to anolord king Charles the 2nd, at the parish of St. ther time.
Giles in the fields, in the county of Middlesex L. C. J. You shall bear the Indictment read, aforesaid ; You the said Thomas White otherand there you will know wbat sort of treason it wise Whitebread, John Fenwick, William Haris you are charged with, and after that you will court otherwise Harrison, John Garan, An. make your answer whether you have any wit- thony Turner, and James Corker, with divers nesses.
other false traitors, subjects of our said soveRecorder. My lord, it will be necessary that I reign lord the king, to the jurors unknown, falsgive your lordship an account of one thing. On ly, subtilly, advisedly, maliciously, and traite Saturday night there came a gentlewoman to rously, did purpose, compass, imagine, and inme, on the behalf of all the prisoners, and said tend sedition and rebellion within this kingdom diere were some witnesses that she was under of England to move, stir up, and procure, and a apprebensionwould not appear for the prisoners, miserable slaughter among the subjects of our unless they had some order; her name she told said sovereign lord the king to procure and me, was Ireland, and she came in the name of cause, and our said sovereign, lord 'the king, of all the prisoners, she said. I told her, if she his kingly state, title, power, and government of would bring me a note of the witnesses names his said kingdom of England, utterly to deprive, they did desire, they should have all the assist- depose, cast down and disinherit, and him our ace the court could give them for the getting said sovereign lord the king to death and final of their witnesses this day; but since that time destruction to bring and put, and the governI never heard of the gentlewoman, or from the ment of this kingdom of England, and the prisoners.
sincere religion of God within the same, rightly, L. C. J. Mr. Corker : you will do well to and by the laws of the same established at take notice what you are charged withal, and your will and pleasure to change and alter, and afterwards tell us, if there are any witnesses the state of this whole kingdom of England, that can say any thing for your defence, at through all its parts, well instituted and ore your trial for those matters,
dained, wholly to subvert and destroy, and Cl. of Cr. “You stand indicted by the names war, within this kingdom of England, against of Thomas White in the parish of St. Giles in our said sovereign lord the king, to levy: And the fields in the county of Middlesex, clerk, to accomplish and fulfil your said most wicked otberwise called Thomas Whitebread of the same treasons and traiterous imaginations and purparish and county, clerk; Jobn Fenwick of the poses, you the said Thomas White otberwise same parish and county, clerk, Wm. Harcourt Whitebread, John Fenwick, William Harcourt of the same parish and county, clerk, otherwise otherwise Harrison, Jobn Gavan, Anthony Tarcalled William Harrison of the same parish and ner, and James Corker, and other false trailors county, clerk; John Gavan of the same parish against our said sovereign lord the king, to the and county, clerk; Anthony Turner of the same jurors unknown, the said 24th day of April, parish and county, clerk ; and James Corker with force and arms, &c. in the parish aforesaid, of the same parish and county, clerk: For that and county aforesaid, falsly, maliciously, subyoo, as false traitors against the most illustrious, tilly, advisedly, devilishly, and traitorously, did most serene, and most excellent prince Charles assemble, unite, and gather yourselves together, the 2d, by the grace of God, of England Scot- and then and there, falsly, maliciously, subtilly, land, France, and Ireland, king, defender of the advisedly, devilishly and traitorously, did conFaith, &c. your supreme and natural lord; sult, consent and agree, our said sovereign lord not having the fear of God in your hearts, nor the king to deatb and final destruction to bring weighing the duty of your allegiance, but being and put, and the religion of this kingdoin of moved and seduced by the instigation of the England rightly, and by the laws of the same devil, the cordial love, true due and natural established, to the superstition of the Romish obedience, which true and faithful subjects of church to change and alter, and the government our said sovereign lord the king towards him of this kingdom of England to subvert; and should, and of right ought to bear, wholly that one Thomas Pickering, and one John withdrawing ; and devising, and with all your Grove should kill and murder our said sovestrength intending the peace and common tran- reign lord the king; and that you the said quillity of this realm to disturb, and the true Thomas White otherwise Whitebread, John worship of God within this kingdom of Eng- Fenwick, William Harcourt otherwise Harrison, land used, and by the law established, to over- John Gavan, Anthony Turner, James Corker, throm, and the government of this realm to sutin and other false traitors against our said sovevert, and sedition and rebellion within this king. reign lord the king, to the jorors unknown, dom of England to move, stir up and procure; should therefore say, celebrate, and perform, á and the cordial love, and true and due obedi- certain number of masses, then and there ence, which true and faithful subjects of our amongst yourselves agreed on, for the soul of said sovereign lord the king towards himn should the said Thomas Pickering, and for that cause and of right ought to bear, utterly to withdraw, should pay to the said John Grove a certain put out, and extinguish, and our said sovereign sum of money, then and there amongst yourlord the king to death and final destruction to selves agreed on ; and that you the said Thobring and put, on the 24th day of April, in the nas White otherwise Whitebread, John Fenzout year of the reign of our said sovereign wick, William Harcourt otherwise Harrison, John Gavan, Anthony Turoer, and James Cor-, Whitebread ; but you must know, that you ker, and other false traitors to the jurors un- were not put in jeopardy of your life for the known, in further prosecution of the treasons same thing, for first the jury were discharged and traiterous consultations and agreements of you ; it is true, it was supposed when you aforesaid, afterwards the said 24th day of April were indicted, that there would be two witnesat the parish aforesaid, in the county aforesaid, ses against you, but that fell out otherwise, and falsly, subtilly, advisedly, maliciously, devilish the law of the land requiring two witnesses to ly, and traitorously, did, severally each to the prove you guilty of treason, it was thought other engage yourselves, and upon the sacra- reasonable, that you should not be put upon the ment traiterously swear and promise to conceal jury at all, but you were discharged, and then and not to divulge the said most wicked trea- you were in no jeopardy of your life. sons, and traiterous compassings, consultations, Whitelread, Under favour, my lord, I was in and purposes aforesaid amongst yourselves had, jeopardy; for I was given in charge to the traitorously to kill and murder our said sove jury; and it is the case of Seyer, in 10. Eliz. reign lord ihe king, and to introduce the Romish he was indicted for a burglary committed the religion within this kingdom of England, and Ist of August, and pleaded to it ; and afterthe true reformed religion within this realm, wards another iudictment was preferred, and rightly, and by the laws of the same established all the judges did declare, lbat he could not be to alter and ehange : And that you the said indicted a second time for the same fact beThomas White otherwise Whitebread, John cause he was in jeopardy of his life again. Fenwick, William Harcourt alias Harrison, Jobo L. C. J. Surely, you were not in jeopardy, Gavan, Anthony Turner, and James Corker, and I will shew you how you were not; supand other false traitors to the jurors unknown, pose you bad pleaded, and the jury were sworn. in further prosecution of your said treasons Whitebread. They were so in my case. and traiterous intentions and agreements afore
L. C. J. It is true they were ; but suppossaid, afterwards the said 24th day of April, at ing that presently upon that some accident falls the parish aforesaid, in the county aforesaid, out, a witness is taken sick, and be feigned to falsly, subtilly, advisedly, maliciously, devilishly, be carried away; or for any reasonable cause, and traitorously, did prepare, persuade, excite, it should be thought fit by the court to discharge abet, comfort, and counsel, four other persons the jury of it, that they should not pass upon to the jurors unknown, subjects of our said so. your life, are you in jeopardy then? vereign lord the king, traiterously our said so- L. C. J. North. I would bave you be satisvereign lord the king to kill and murder, against fied with reason, and the course of law, that the duty of your allegiance, against the peace
other mens' lives are under, as well as yours.. of our sovereign lord the king, bis crown and The oath the jury take, is, that they shall well dignity, and against the form of the statute in ' and truly try, and true deliverance make,' of that case made and provided.”
such prisoners as they shall have in charge; the How sayest thou, Thomas White alias White charge of the jury is not full, till the Court give bread, art thou guilty of this High-Treason them a charge ai the last, after evidence had ; whereof thou standest indicted, or not guilty?
and because there was a mistake in your case, Whitebread. My Lord, I desire to speak that the evidence was not so full as might be, one word ; I am advised by counsel, and I'may the jury, before ever they considered concernand ought to represent it to this court, for not ing you at all, they were discharged, and so you only my own life, but the lives of others of his were not in jeopardy; and I in my experience majesty's subjects are concerned in it. That know it to be often done, and it is the course of upon the 17th of December last I was tried law, the clerks will tell you it is frequently done upon the same indictment, the Jury was impan- here and at other places; and this is not the nelled and called, I put myself into the hands same indictment, and it contains further matter, of the Jury, and the evidence was brought in than that you pleaded to before. And then if and examined, particularly against me, and was you will make this plea good that you go upon, found insufficient, so that the Jury was dismis- you must alledge a record, and shew some resed without any verdict. * I humbly submit cord to make it good, and that cannot be, bemyself to your lordships and this noble court, cause there is none, and so it will signify nowhether I may not have counsel in this point thing to you, as you have pleaded it. of law, to advise me, whether I may and ought
Whit. I desire the record inay be viewed, to plead again the second time ; for according it remains with you. I do only present this tó to law, I am informed no man can be put in your lordship and the Court, and desire I may jeopardy of his life the second time, for the same
L. C. J. No, not at all, there is no entry L. C. J. You say well, Mr. Whitebread. made of it. Whitebread. I speak it not for my sake only,
Whit. I desire that counsel inay advise me; but the sake of the whole nation no man should for I am advised, that according to the law of be tried twice for the same cause ; by the same the land, I ought not to plead again, and I hope reason, a man may be tried 20 or 100 times. your lordships will be of counsel for ine. L. C. J. You say well, it is observed, Mr. L. C. J. "Look you, Mr. Whitebread, there
is no entry made upon it; and the reason is, See ante, p, 120.
because there was no trial; and there was no
trial, because there was no condemnation or ac defence, because we thought it not a sufficient quittal : if there had been, then you had said charge. something
Cl. of Cr. William Harcourt alias Harrison, Whit. That which I ask is, whether I ought how sayest thou, art thou Guilty of the highnot to be condemned or acquitted.
treason whereof thou standest indicted, or Not L C. J. No, it is only in the discretion of Guilty? the Court. For if a man be indicted for mur- Harcourt. Not Guilty. der, and some accident should happen, (when Cl. of Cr. Culprit, how wilt thou be tried? tbe witness come to prove it) that he should be Harcourt. By God and my country. taken ill, and so be carried away, should the Cl. of Cr. God send thee a good deliverance. murderer escape?
How sayest thou, John Gavan alias Gaweo, art Whit. That is not my case; you may do as thou Guilty of the same high treason, or Not Foo please.
Guilty ? --Gavan. Not Guilty. LC. J. But we shew, that it is in the dis- Cl. of Cr. Culprit, how wilt thou be tried ? cretion of the Court to discharge the jury upon Gavan. By God and my country. such accidents, and then the party is not in Cl. of Cr. God send thee a good deliverjeopardy.
How sayest thou, Anthony Turner, art Whit. I have only prayed your lordship's thou Guilty of the same high treason, or Not discretion in this.
Guilty ? - Turner. Not Guilty. L.C. J. You ought to plead, and must plead. Cl. of Cr. Culprit, how wilt thou be tried ? L.C. J. North. I suppose if any of my
Turner. By God and my country. brethren are of another opinion, than wbat we Cl. of Cr. God send thee a good deliverance. bave expressed, they would say so.
L. C. J. Mr. Corker, you have heard the Court. We are all of your opinion. Iodictment read, and what it consists of, a
L. C.J. All the judges of England are of traitorous endeavour to subvert the government, the same opinion.
to murder the king, to change the Protestant Recorder. It is the constant practice. religion into Popery; if you have any witnesses
L. C. J. It is frequent in all places, it is no that can be serviceable to you, as to these matDew thing.-Whit. My lord, I am satisfied, ters, name who they are, and where they live;
Cl. of Cr. Thomas White alias Whitebread, if you cannot, you had as good take your trial art thou Guilty of the high treason whereof now, as at another time. thou standest indicted, or Not Guilty?
Corker. I not only have no witnesses ready, Whit. Not Guilty.
but there are substantial circumstances, which Cl. of Cr. Culprit, how wilt thou be tried? peradventure may arise, which may induce your Whit. By God and my, country.
lordship to believe me innocent, and therefore Cl. of Cr. God send thee a good deliverance. I humbly beg, I may stay some short time to Jobo Fenwick, art thou Guilty of the same consult with those that are better skilled in the high treason, or Not Guilty?
law than I am: Fenwick. Not Guilty.
L.C. J. What do you mean to have counCl. of Cr. Culprit, how wilt thou be tried ? sel assigned you? Fenwick. By God and my country,
Corker. My friends, my lord. Ch. of Cr. God send thee a good deliverance. L. C. J. Every man knows his own case best;
Fenwick. I was tried before with Mr. White- you have been bred a scholar, and so you canbread, our case is the same; the only reason not be so ignorant as other men are: You can why (I presume) we were not proceeded against, tell whether you have any witnesses that you was, because the second witness declared he think are material for your defence. bad nothing to say against us, that was Mr. Bed- Corker. That day of the 24th of April, spoken 1wybo said, as to Mr.Whitebread and Mr. Fen- of in the indictment, I truly and really believe wick, I have nothing to say against them; if he I was not in town that day; but I cannot tad given the same evidence agaivst us, as he bad positively prove it, because I heard not of it beewe against the rest, we bad been condemned, fore. and bad suffered, and so I suppose we ought to L. C. J. Is there any body that can testify have been discharged..
where you were that day?. Can you name any L. C. J. No, it was not reasonable you one. should be discharged: it remains in the discre- Corker. Yes, I believe I can name one, and tion of the Court, not to let a man that is ac- that is one Alice Gaton, that is now 30 miles cused of a great and capital crime escape, if out of town at Tunbridge, who can prove where there he one witness that swears expressly: do I did go about that time. you think it reasonable such a man should go L. C. J. I'll tell you what, if my brothers scot-free, though there wanted two that the will, this woman you suppose can say something law requires? You were not in danger, your for you, we will respite your trial for to-day, lives were not in jeopardy.
send somebody for her, and we will try you toFenwick. My lord, we were in the same danger with those three that suffered.
L. C. J. North.' Or any other witnesses ; L. C. J. No, we never let the jury go toge for as to this 24th day of April, it is known to ther to consider whetler you were Guilty, or all the world to have been the day of the conNot Guilty; we did prevent your making your sult; but because you pretend a surprise, I