and that paper was forty times less than that which he had given in to the secret Committee. Just. Wild. [To sir John Cutler.] Sir John, What paper is that you have in youf hand? Sir John Cutler. It is only the names of the jury, my Lord. L. Č. J. You do well to take the names of the jury with you, if you withdraw, that you may know one another: But I suppose you will not be long out. Just. Wild. I spoke it, because you are to have no papers with you, but what are under seal. Then the jury withdrew, and after a short recess, return again to the bar, and being called by their names, severally answered. Cl. of the Cr. Gentlemen, are you all verdict? agreed of your Foreman. Guilty. Cl of the Cr. This is your verdict; you say, that Nathanael Reading is Guilty of the offence whereof he stands indicted, and so you say all ? Just. Wild. It is a very good verdict. L. C. J. It is a very good verdict, the matter lay in a small room, and I wonder how Mr. Reading could make it so long. Just. Atkins. He was the greatest witness against himself. L. C. J. You of the jury may take your ease. Then the court adjourned till two of the clock, being then half an hour past one. About half an hour after, the court returned again; and proclamation being made for attendance, the Lord Chief Justice spoke to the prisoner convicted then standing at the bar, thus: L. C. J. Mr. Reading, you have been here upon your trial to-day, and you are convicted of a very great and heinous crime; there remains nothing now, but to receive the judgment of the law and the rule of law is, that in all cases the court should consider quantitatem delicti, et qualitatem personæ,' and accordingly pronounce their judgment. As to the quantity of the offence, you yourself did admit in the beginning of your defence that it was not capable of aggravation, but looks rather like treason than a misdemeanour; and so I shall not speak to that, for any flourishes would but sound in diminution of it. Then we have nothing to consider, but the quality of the person; and of that there might be a great deal said, if we consider your person as a lawyer, one that should be a man of knowledge to be able to advise, a minister of justice to assist the court wherein he pleads; and ought to be a person of untainted fidelity, that he may keep his client's secrets; and for a lawyer to be convicted for such an offence, is that which aggravates it beyond all expression, and I think we can do no less to evidence the care we have of the king's people, than to shew that there shall be greater severity used against such persons offending; and it is a great credit and benefit to the profession, that the members of it for such offences shall be dealt with more severely, than we should deal in any other case: so far will we be from lessening it in this respect. For I would have no man of the proafterwards to draw people to him to trust him fession of the law, that should do thus, be able with their business; but his offence should be publicly known to all the world, that men might know him, and not employ him. In one sense, it is true, he may be trusted with a secret, by the same reason that a known lyar may be, because his word is never to be, believed. There is another thing that we regard in your person too; if you were a man of a great fortune, or a large estate, I do not see but we should set that, which might be called a Ransom, rather than a fine, in this case; but it' not being so, we have taken it into our consideration to do it with measure; but we will supply that defect, by a punishment of another nature, according to the old saying, 'qui non habet in crumena luat in corpore.' Therefore the judgment of the court is this, "That you be fined 1,000l. that you be imprisoned for the space of one year; and that upon Monday next, between the hours of eleven and twelve, you be set in the pillory, for the space of one hour, in Palace-yard in Westminster. And I will tell you, your offence is so great and hath such a relation to that which the whole nation is concerned in, because it was an attempt to baffle the evidence of that conspiracy, which if it had not been, by the mercy of God, detected, God knows what might have befallen us all by this time; and still the parlia ment have it under their consideration, how to prevent any further mischief by it; and for you, in such a way as this, to do what you can to suppress the evidence, is such a crime, that we have reason to suspect, that the rage of the people will be so great against you, that it might endanger your life. Therefore we have taken care to give a charge to the sheriff, and the justices, that the peace might be kept, and that no ill consequences may happen to you, but only the shame and infamy, to which you are condemned; and which you do deserve as well as any man that ever was convicted. Then the Court adjourned to Hicks's hall, upon Wednesday the 30th of April: and the keeper went away with his prisoner. On the Monday following, the prisoner was set in the pillory, according to the Judgment of 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, all Jesuits and Priests, at the Old Bailey, for HighTreason: 31 CHARLES II. A. D. 1679. ON Friday the 13th of June, 1679, at the sessions-house in the Old Bailey, the Court being met, at which all the judges of England were present; proclamation was made of silence and attention whilst the king's commission of Oyer and Terminer, and of gaol delivery were openly read; and after the usual proclamation of attendance upon the sessions, the court proceeded to call the juries impaunelled, and to the trials of the prisoners, thus: Clerk of the Crown. Set Thomas Whitebread, John Fenwick, William Harcourt, John Gavan, Anthony Turner and James Corker, to the bar. Capt. Richardson. They are all on. Cl. of the Cr. Thomas White, alias Whitebread, hold up thy hand; John Fenwick, hold up thy hand; William Harcourt, alias Harrison, hold up thy hand; John Gavan, hold up thy hand; Anthony Turner, hold up thy hand; James Corker, hold up thy hand; which they all severally did. And James Corker presented a Petition to the Court, to this effect: "That about eight months since, the petitioner was committed for refusing to take the oaths of allegiance and supremacy; that he had lately received notice to prepare himself for his trial, against this present day, but that the same was afterwards contradicted; and that yesterday a gentleman informed him from the Attorney General, that a bill was found against him of high-treason, and that he was to prepare himself for his trial thereupon accordingly; and forasmuch as the petitioner is altogether ignorant of the matters charged upon him in the same, and by reason thereof is absolutely surprized, and unprepared for his defence, and divers gaol deliveries having been held since his first commitment, and he never called to his trial; he doth humbly beseech their honours, that he may not be tried till the next sessions, and that in the mean time he may have copies of such informations as are given in against him." Lord Chief Justice. (Sir William Scroggs.) Mr. Corker, have you really any witnesses, without whom you cannot make your defence? Corker. No, my lord, I have none. L. C. J. You do not understand my question? Do not you want any witnesses now, that you may have another time? * See ante, p. 120. Corker. I am a stranger to the things char ged upon me. L. C. J. Can you not tell, whether you have any witnesses or no? The matter is this, both for you and all the rest of you, that there may be no exception; you are upon the trial of your lives, and we upon our oaths, and therefore I speak it, if so be you have any wit nesses because you pretend you are surprised, if you have really any, whereby you can make a better defence for yourselves than now, the court will incline to your request; but if you have not, then it is in vain to tarry. Corker. My Lord, I verily believe I shall have witnesses. L. C. J. As for the copy of the Indictment, it is never granted to any persons, and therefore must not be to you. L. C. J. North. You must give us clear satisfaction, that you are real in your pretences; and must give us the names of your witnesses, where they live, and let us know what they can say for you, that we may be satisfied, for such a general allegation as this, any man living may make. Recorder. (Sir George Jefferies) He was one of the ten that was appointed by the council to be tried. L. C. J. Why, you had notice a week ago? Corker. But it was contradicted the next day. Capt. Richardson. I heard Mr. Clare say that he should be tried then. Attorney General. (Sir William Jones.) He had notice together with the rest, but he was not in the first order of council for the trial of these persons; he sent to the clerk to know who were to be tried, and his name was left out; and so understood he was not to be tried. On Tuesday last I moved that he might be put into the order, and so he was, and now there is an order of council for it; but he had notice a week ago, as well as the rest. Capt. Richardson. I gave them notice that all were to prepare for their trial as this day, and in order to that, I went to the council, to see what order was taken about it, and the clerk shewed me their names, amongst which Corker was left out; and I told him Čorker had notice of trial, and therefore I desired I might have an order for him too; they told me, that there was no order taken about him. Alt. Gen. My Lord, I would have all the gentlemen have all the fair play in the world; +See Introduction to the Trials 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 ano ther time. L. C. J. You shall bear the Indictment read, and there you will know what sort of treason it is you are charged with, and after that you will make your answer whether you have any wit nesses. L. C. J. Mr. Corker: you will do well to take notice what you are charged withal, and afterwards tell us, if there are any witnesses that can say any thing for your defence, at your trial for those matters. lord king Charles the 2nd, at the parish of St. Giles in the fields, in the county of Middlesex aforesaid; You the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gavan, Anthony Turner, and James Corker, with divers 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. Only, subtilly, advisedly, maliciously, and traiteSaturday night there came a gentlewoman torously, did purpose, compass, imagine, and inme, on the behalf of all the prisoners, and said tend sedition and rebellion within this kingdom there were some witnesses that she was under of England to move, stir up, and procure, and a apprehension would 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 ance 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, and by the laws of the same established at your will and pleasure to change and alter, and the state of this whole kingdom of England, through all its parts, well instituted and ordained, wholly to subvert and destroy, and war, within this kingdom of England, against our said sovereign lord the king, to levy: And to accomplish and fulfil your said most wicked treasons and traiterous imaginations and purposes, you the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gavan, Anthony Turner, and James Corker, and other false traitors against our said sovereign lord the king, to the jurors unknown, the said 24th day of April, with force and arms, &c. in the parish aforesaid, and county aforesaid, falsly, maliciously, subtilly, advisedly, devilishly, and traitorously, did assemble, unite, and gather yourselves together, and then and there, falsly, maliciously, subtilly, advisedly, devilishly and traitorously, did consult, consent and agree, our said sovereign lord the king to death and final destruction to bring and put, and the religion of this kingdom of England rightly, and by the laws of the same established, to the superstition of the Romish church to change and alter, and the government of this kingdom of England to subvert; and that one Thomas Pickering, and one John Grove should kill and murder our said sovereign lord the king; and that you the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, John Gavan, Anthony Turner, James Corker, and other false traitors against our said sove|reign lord the king, to the jurors unknown, should therefore say, celebrate, and perform, a certain number of masses, then and there amongst yourselves agreed on, for the soul of the said Thomas Pickering, and for that cause should pay to the said John Grove a certain sum of money, then and there amongst yourselves agreed on; and that you the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt otherwise Harrison, Cl. of Cr. "You stand indicted by the names of Thomas White in the parish of St. Giles in the fields in the county of Middlesex, clerk, otherwise called Thomas Whitebread of the same parish and county, clerk; John Fenwick of the same parish and county, clerk, Wm. Harcourt of the same parish and county, clerk, otherwise called William Harrison of the same parish and county, clerk; John Gavan of the same parish and county, clerk; Anthony Turner of the same parish and county, clerk; and James Corker of the same parish and county, clerk: For that you, as false traitors against the most illustrious, most serene, and most excellent prince Charles the 2d, by the grace of God, of England Scotland, France, and Ireland, king, defender of the Faith, &c. your supreme and natural lord; not having the fear of God in your hearts, nor weighing the duty of your allegiance, but being moved and seduced by the instigation of the devil, the cordial love, true due and natural obedience, which true and faithful subjects of our said sovereign lord the king towards him should, and of right ought to bear, wholly withdrawing; and devising, and with all your strength intending the peace and common tranquillity of this realm to disturb, and the true worship of God within this kingdom of England used, and by the law established, to overthrow, and the government of this realm to subvert, and sedition and rebellion within this kingdom of England to move, stir up and procure; and the cordial love, and true and due obedience, which true and faithful subjects of our said sovereign lord the king towards hit should and of right ought to bear, utterly to withdraw, put out, and extinguish, and our said sovereign lord the king to death and final destruction to bring and put, on the 24th day of April, in the 30th year of the reign of our said sovereign Whitebread; but you must know, that you were not put in jeopardy of your life for the same thing, for first the jury were discharged of you; it is true, it was supposed when you were indicted, that there would be two witnesses against you, but that fell out otherwise, and the law of the land requiring two witnesses to prove you guilty of treason, it was thought reasonable, that you should not be put upon the jury at all, but you were discharged, and then you were in no jeopardy of your life. Whitebread, Under favour, my lord, I was in jeopardy; for I was given in charge to the jury; and it is the case of Seyer, in 10. Eliz. he was indicted for a burglary committed the 1st of August, and pleaded to it; and afterwards another iudictment was preferred, and all the judges did declare, that he could not be indicted a second time for the same fact because he was in jeopardy of his life again. John Gavan, Anthony Turner, and James Corker, and other false traitors to the jurors unknown, in further prosecution of the treasons and traiterous consultations and agreements aforesaid, afterwards the said 24th day of Apri! at the parish aforesaid, in the county aforesaid, falsly, subtilly, advisedly, maliciously, devilish ly, and traitorously, did, severally each to the other engage yourselves, and upon the sacrament traiterously swear and promise to conceal and not to divulge the said most wicked treasons, and traiterous compassings, consultations, and purposes aforesaid amongst yourselves had, traitorously to kill and murder our said sovereign lord the king, and to introduce the Romish religion within this kingdom of England, and the true reformed religion within this realm, rightly, and by the laws of the same established to alter and change: And that you the said Thomas White otherwise Whitebread, John Fenwick, William Harcourt alias Harrison, John Gavan, Anthony Turner, and James Corker, and other false traitors to the jurors unknown, in further prosecution of your said treasons and traiterous intentions and agreements aforesaid, afterwards the said 24th day of April, ating that presently upon that some accident falls the parish aforesaid, in the county aforesaid, falsly, subtilly, advisedly, maliciously, devilishly, and traitorously, did prepare, persuade, excite, abet, comfort, and counsel, four other persons to the jurors unknown, subjects of our said sovereign lord the king, traiterously our said sovereign lord the king to kill and murder, against the duty of your allegiance, against the peace of our sovereign lord the king, his crown and dignity, and against the form of the statute in that case made and provided." L. C. J. Surely, you were not in jeopardy, and I will shew you how you were not; suppose you had pleaded, and the jury were sworn. Whitebread. They were so in my case. L. C. J. It is true they were; but suppos out, a witness is taken sick, and be feigned to be carried away; or for any reasonable cause, it should be thought fit by the court to discharge the jury of it, that they should not pass upon your life, are you in jeopardy then? L. C. J. North. I would have you be satisfied with reason, and the course of law, that other mens' lives are under, as well as yours.. The oath the jury take, is, that they shall well ' and truly try, and true deliverance make,' of such prisoners as they shall have in charge; the them a charge at the last, after evidence had ; and because there was a mistake in your case, that the evidence was not so full as might be, the jury, before ever they considered concerning you at all, they were discharged, and so you were not in jeopardy; and I in my experience know it to be often done, and it is the course of law, the clerks will tell you it is frequently done here and at other places; and this is not the same indictment, and it contains further matter, than that you pleaded to before. And then if you will make this plea good that you go upon, you must alledge a record, and shew some record to make it good, and that cannot be, because there is none, and so it will signify nothing to you, as you have pleaded it. 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 whereof thou standest indicted, or not guilty? Whitebread. My Lord, I desire to speak one word; I am advised by counsel, and I may and ought to represent it to this court, for not only my own life, but the lives of others of his majesty's subjects are concerned in it. That upon the 17th of December last I was tried upon the same indictment, the Jury was impannelled and called, I put myself into the hands of the Jury, and the evidence was brought in and examined, particularly against me, and was found insufficient, so that the Jury was dismissed without any verdict. I humbly submit myself to your lordships and this noble court, whether I may not have counsel in this point of law, to advise me, whether I may and ought to plead again the second time; for according to law, I am informed no man can be put in jeopardy of his life the second time, for the same cause. L. C. J. You say well, Mr. Whitebread. Whitebread. I speak it not for my sake only, but the sake of the whole nation no man should be tried twice for the same cause; by the same reason, a man may be tried 20 or 100 times. L. C. J. You say well, it is observed, Mr. ⚫ See ante, p, 120. Whit. I desire the record may be viewed, it remains with you. I do only present this to your lordship and the Court, and desire I may have counsel. L. C. J. No, not at all, there is no entry made of it. Whit. I desire that counsel may advise me; for I am advised, that according to the law of the land, I ought not to plead again, and I hope your lordships will be of counsel for me. L. C. J. Look you, Mr. Whitebread, there is no entry made upon it; and the reason is, 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 something. Whit. That which I ask is, whether I ought not to be condemned or acquitted. L. C. J. No, it is only in the discretion of the Court. For if a man be indicted for murder, and some accident should happen, (when the witness come to prove it) that he should be taken ill, and so be carried away, should the murderer escape? Whit. That is not my case; you may do as you please. L. C. J. But we shew, that it is in the discretion of the Court to discharge the jury upon such accidents, and then the party is not in jeopardy. Whit. I have only prayed your lordship's discretion in this. L. C. J. You ought to plead, and must plead. L. C. J. North. I suppose if any of my brethren are of another opinion, than what we have expressed, they would say so. charge. Cl. of Cr. William Harcourt alias Harrison, how sayest thou, art thou Guilty of the hightreason whereof thou standest indicted, or Not Guilty? Harcourt. Cl. of Cr. Harcourt. Not Guilty. Culprit, how wilt thou be tried? By God and my country. Cl. of Cr. God send thee a good deliverance. How sayest thou, John Gavan alias Gawen, art thou Guilty of the same high treason, or Not Guilty?-Gavan. Not Guilty. Cl. of Cr. Culprit, how wilt thou be tried? Gavan. By God and my country. Cl. of Cr. God send thee a good deliverance. How sayest thou, Anthony Turner, art thou Guilty of the same high treason, or Not Guilty?-Turner. Not Guilty. Cl. of Cr. Culprit, how wilt thou be tried? Turner. By God and my country. Cl. of Cr. God send thee a good deliverance. L. Č. J. Mr. Corker, you have heard the Indictment 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. Court. We are all of your opinion. Recorder. It is the constant practice. L. C. J. It is frequent in all places, it is no new thing.-Whit. My lord, I am satisfied. Cl. of Cr. Thomas White alias Whitebread, art thou Guilty of the high treason whereof thou standest indicted, or Not Guilty? Whit. Not Guilty. Cl. of Cr. Culprit, how wilt thou be tried? Whit. By God and my country. Cl. of Cr. God send thee a good deliverance. John Fenwick, art thou Guilty of the same high treason, or Not Guilty? Fenwick. Not Guilty. Cl. of Cr. Culprit, how wilt thou be tried? Fenwick. By God and my country. CL of Cr. God send thee a good deliverance. Fenwick. I was tried before with Mr. Whitebread, our case is the same; the only reason why (I presume) we were not proceeded against, was, because the second witness declared he Id nothing to say against us, that was Mr. Bedhow,who said, as to Mr. Whitebread and Mr. Fenwick, I have nothing to say against them; if he Ed given the same evidence against us, as he bad Ce against the rest, we had been condemned, and had suffered, and so I suppose we ought to have been discharged.. L. C. J. No, it was not reasonable you should be discharged: it remains in the discretion of the Court, not to let a man that is accused of a great and capital crime escape, if there he one witness that swears expressly: do you think it reasonable such a man should go scot-free, though there wanted two that the law requires? You were not in danger, your lives were not in jeopardy. Fenwick. My lord, we were in the same danger with those three that suffered. L. C. J. No, we never let the jury go together to consider whether you were Guilty, or Not Guilty; we did prevent your making your to murder the king, to change the Protestant religion into Popery; if you have any witnesses that can be serviceable to you, as to these matters, name who they are, and where they live; if you cannot, you had as good take your trial now, as at another time. Corker. I not only have no witnesses ready, but there are substantial circumstances, which peradventure may arise, which may induce your lordship to believe me innocent, and therefore I humbly beg, I may stay some short time to consult with those that are better skilled in the law than I am: L. C. J. What do you mean to have counsel assigned you? Corker. My friends, my lord. L. C. J. Every man knows his own case best; you have been bred a scholar, and so you cannot be so ignorant as other men are: You can tell whether you have any witnesses that you think are material for your defence. Corker. That day of the 24th of April, spoken of in the indictment, I truly and really believe I was not in town that day; but I cannot positively prove it, because I heard not of it before. L. C. J. Is there any body that can testify where you were that day?. Can you name any one. Corker. Yes, I believe I can name one, and that is one Alice Gaton, that is now 30 miles out of town at Tunbridge, who can prove where I did go about that time. L. C. J. I'll tell you what, if my brothers will, this woman you suppose can say something for you, we will respite your trial for to-day, send somebody for her, and we will try you to morrow. L. C. J. North. Or any other witnesses; for as to this 24th day of April, it is known to all the world to have been the day of the consult; but because you pretend a surprise, I |