Page:History of England (Macaulay) Vol 3.djvu/541

 throwing sweetmeats to him through the window. His supplies having been cut off, he yielded; and a verdict of Guilty, which, it was said, cost two of the jurymen their lives, was returned. A motion in arrest of judgment was instantly made, on the ground that a Latin word indorsed on the back of the indictment was incorrectly spelt. The objection was undoubtedly frivolous. Jeffreys would have at once overruled it with a torrent of curses, and would have proceeded to the most agreeable part of his duty, that of describing to the prisoner the whole process of half hanging, disembowelling, mutilating, and quartering. But Holt and his brethren remembered that they were now for the first time since the Revolution trying a culprit on a charge of high treason. It was therefore desirable to show, in a manner not to be misunderstood, that a new era had commenced, and that the tribunals would in future rather err on the side of humanity than imitate the cruel haste and levity with which Cornish had, when pleading for his life, been silenced by servile judges. The passing of the sentence was therefore deferred: a day was appointed for considering the point raised by Crone; and counsel were assigned to argue in his behalf. "This would not have been done, Mr. Crone," said the Lord Chief Justice significantly, "in either of the last two reigns." After a full hearing, the Bench unanimously pronounced the error to be immaterial; and the prisoner was condemned to death. He owned that his trial had been fair, thanked the judges for their patience, and besought them to intercede for him with the Queen.

He was soon informed that his fate was in his own hands. The government was willing to spare him if he would earn his pardon by a full confession. The struggle in his mind was terrible and doubtful. At one time Mrs. Clifford, who had access to his cell, reported to the Jacobite chiefs that he was in a great agony. He could not die, he said; he was too young to be a martyr. The next morning she found him cheerful and resolute. He held out till the eve of the day fixed for his execution.