This acknowledgment of Father Garnett's was after censured by many; and even by some of his friends and well-wishers esteemed a weakness in him.

But if the causes that moved him thereunto be well weighed (as they were no doubt very well considered by him) the matter will not be found to deserve any imputation of fear or imprudence in Father Garnett. For after it was once bolted out at the hole in the wall that he was to be accused of it (which thing indeed made the overture to all) if he had then insisted upon denial, that would neither have saved his life, nor his estimation touching that matter; yea rather, it would have left him suspected of further practice as a princ.i.p.al plotter of the matter, and withal would have made all the rest of his true a.s.sertions the more distrusted. Whereas by telling the plain truth, that he only heard it in confession, he did both show himself and the party from whom he heard it to be free from being either princ.i.p.als or parties in the action, especially declaring unto them as he did how the matter pa.s.sed, to wit, that Father Tesimond came unto him much troubled about the matter, desiring for the ease of his conscience to go to confession, and therein declared, that such an intention and practice was opened unto him; wherein he might have some doubt whether he had done his duty. For though (as I have heard it affirmed by some of credit, that since have spoken with Father Tesimond) he did utterly mislike the practice, and refuse to a.s.sist them any way, either by counsel or otherwise, yet doubts or scruples fit for confession might arise in his mind two divers ways. First, on the one side he might be doubtful whether he had sufficiently dissuaded them from it, and used the best and most effectual reasons to withdraw them from proceeding therein, both in respect of the matter itself and of the charge he had from his Superiors not to meddle with any matter of State, much less of that quality that concerned the life of any, or attempts against the Prince. So on the other side, he might have some motions to doubt whether in that case(378) G.o.d did not intend by them to punish heresy and revenge the cause and quarrel of his servants with a temporal affliction to some of their chiefest afflictors, which he knew well would be much more severely punished in the next world if it be not repented in this.

Therefore being uncertain of the secret judgments of G.o.d, and seeing them so resolute in it, and to protest they did it only for the redeeming of the Church from persecution in England and like danger in other places, if the root of heresy should continue; but especially that they did it to save so many souls as daily were cast away, whilst heresy was in that strength and power, against which also, they said, no other means was left in human likelihood by which they could hope redress of so many evils, much greater without comparison than the loss of such as were to perish in the action. Remembering therefore the reasons they alleged, though he was sure he might not himself be an actor or furtherer thereof in any kind, yet perhaps he might doubt how far he was bound to hinder it in others.

And so the matter on both sides might breed some doubts, and whether he feared he had done too much, or too little, in the cause, yet his fear on either side might be cause sufficient of confession;(379) and his confession a sign that he rather disliked than approved the Plot in any sort. For either he must confess that he had hindered it or not. If that he had hindered it, then he was no furtherer of it; if that he had not hindered it sufficiently, then it was apparent he misliked the Plot, and meant to hinder it. But the truth indeed was (as I have heard it) that he had sought to hinder it by persuasion; but was doubtful whether in so earnest and effectual manner as might be likely to prevail with so absolute resolutions.

Father Garnett, therefore, opening the plain truth of the matter according to the leave he had of the penitent in that case, did not any way prejudice, but rather relieve, both his own and his penitent's case as things then stood. But some will say, what needed Father Garnett have opened the name of the party, and not rather indefinitely have affirmed that some one in confession did open it unto him. But this (if it be well considered) would not have served. For, first, if he had named no person, he could never have taken away the fear and jealousy of the King and State, knowing a.s.suredly that one man yet lived that was privy to the matter, and for ought they knew might be still in the same mind, and live in place, or be of power, to effect some mischief. Besides, by such concealment, he might fear great troubles would follow to many Catholics, especially that all the friends of the Society would have been troubled with continual examinations, searches, and vexations; and that his particular acquaintance should a.s.suredly have been suspected, imprisoned, and convented before the Council as traitors under this pretence; and so to save one man from trouble he should have been the cause of trouble to many, besides his own extremity of torture, which would have been with all force and fury laid upon him until he had told the truth. And to name any other person living, it was not lawful, because not true; and to name one of the gentlemen that were slain would not have been sufficient, he having said that one man living might accuse him. And to name in particular Father Tesimond did not seem to give any just cause of increase to the hard opinion they had of him before, knowing by Mr. Winter of his going into Spain with him (though they mistook the cause) and by Bates(380) of his going unto the gentlemen in Warwickshire after they were up in arms, though there also they misinterpret his intention. But this supposed, and he thereby as much laid for and as likely to suffer (if he were taken) by their former conceits, as by this one particular, this circ.u.mstance of his uttering it in confession might rather extenuate than aggravate his peril in just reason and the opinion conceived of him. For as I showed before, it proved a dislike of the action, or an endeavour against it, or both, and this before his confession. Then Father Garnett adding thereunto his further charge, that he should do his uttermost to dissuade and divert them from their purpose, and he promising to do his best, all these points do prove sufficiently that he was neither contriver nor counsellor, nor yet consenter to the Plot, of all which he stood then accused in the proclamation, so that the knowledge of the truth might seem to help and not to hinder him in anything.

(M12) These and many more effectual reasons no doubt were considered by Father Garnett, which moved him not to conceal the whole truth of his knowledge, and the means how it came unto him; which cannot therefore be justly imputed to any frailty or imprudence in him, but rather esteemed as an argument of his care to take away jealousies from the King, who could not fear any further power or practice in Father Tesimond; to prevent troubles from Catholics; to free himself and the other also from opinion of any consent unto the Plot; but especially to clear all the rest of the Society from so much as the least knowledge that any such thing was intended. Which truth may evidently be proved out of Father Garnett's words, "That one only could accuse him of his knowledge thereof;" for if any more of the Society had known thereof, it is certain they would and must have confessed the same to him, if they took it for a fault; if otherwise, at least have sought his advice out of confession. So that no more imparting the matter to him, it was apparent no more did know of it; and therefore very likely to be G.o.d's especial providence that Father Garnett should be overheard to speak these words unto his confident friend in private (whereby it was most apparent he meant not to be heard by others), that thereby all others might be cleared; though for the time it occasioned his further trouble, which G.o.d doth often permit to His elected servants, for their further increase of glory in another world.

This, therefore, Father Garnett acknowledged then in his examination before the Council, that they might see, as he told them, he dealt truly and plainly with them in all things. And they asking him why he did not before acknowledge so much, but did protest against it, he answered it was not before lawful for him to do it, because he had no leave but in that case; and that it was a thing both lawful in all laws, divine and human, and ordinary also in their own practice, for men to plead not guilty, until they be convicted by witness, which he especially might do in this case, this being no sin or crime in him, and was bound to do until this time, it being before "sigillum secreti confessionis,"(381) which now was released by the penitent's leave.

So they left Father Garnett for the time; but carried with them matter enough, as they thought, to convict him of this treason in show of the world. To which end it was presently given out through the whole town, that he had confessed all, and now they could prove the Jesuits to be princ.i.p.al plotters of this treason, and him and Greenway to be chief authors and devisers of the same; and it was in most men's mouths that all this was under Garnett's hand confessed. And this presently carried unto the Amba.s.sadors there residing, that by them it might be divulged in others States; and so a falsehood first grounded, might be more hard to be removed by sequent information of the truth, and their proceedings against Father Garnett might seem more justifiable. This report, although it troubled the Catholics of England much until they knew the contrary, yet could they not believe it, being so well acquainted with the giving out of such things, as the chiefest do desire to have believed, although the truth be often found on the contrary side.

In the meantime Father Ouldcorne was also called in further question about this conference and about his knowledge of the treason; but they found him always like himself, both virtuous and wise and constant in both, and as, indeed, he knew nothing thereof, so he ever professed his absolute innocency therein and patiently endured the extreme torments they put him unto, as I have heard five hours every day, four or five days together, which was a greater extremity than one will easily believe that hath not tried it.

Likewise one that did attend upon Father Ouldcorne, and did a.s.sist him in his journeys and many good works when he was at liberty, did now suffer with him, as he afterwards died with him. His name was Ralph ---;(382) and he was divers times put upon the torture; but the certain number or measure of the times I cannot yet learn. But he patiently and constantly endured all without revealing any one place or person of his master's acquaintance.

But, above all, they were most troubled and tormented that were known most to belong unto Father Garnett; of which kind they had first taken one John Grissold, an honest faithful man, who had the keeping of a house where the foresaid Mrs. Ann Vaux and a kinswoman of hers did use to dwell near unto London, and where they imagined Father Garnett did also remain with them.

This honest man being taken in the beginning of the troubles, was first committed close prisoner to the Gatehouse and there lodged in a dungeon upon the bare ground, for the keeper (though he were earnestly entreated by the other prisoners) would not allow him so much as straw to lie upon, pretending that if he had any straw to lie on, he would with that set fire on the house. This man did both endure his affliction with great patience and answer in all his examinations with great constancy and fidelity. But afterwards, when Father Garnett was taken and prisoner in the Tower, the Commissioners desiring to get matter against him, removed this man to the Tower also, and there put him to the torture with great extremity and very often, almost every day for a long time together, as we did confidently hear reported; with which and with other bad usage in his diet and lodging, he was for a long time after like to die, and it was thought by many that he was dead, and doubtless he escaped very hardly.

But the man that was most extremely used and with extremities brought unto the last extremity, which is death itself, was one Nicholas Oven, commonly called and most known by the name of Little John. By which name he was so famous and so much esteemed by all Catholics, especially those of the better sort, that few in England, either Priests or others, were of more credit. This man did for seventeen or eighteen(383) years continually attend upon Father Garnett, and a.s.sist him in many occasions. But his chief employment was in making of secret places to hide Priests and Church stuff in from the fury of searches; in which kind he was so skilful both to devise and frame the places in the best manner, and his help therein desired in so many places, that I verily think no man can be said to have done more good of all those that laboured in the English vineyard. For, first, he was the immediate occasion of saving the lives of many hundreds of persons, both ecclesiastical and secular, and of the estates also of these seculars, which had been lost and forfeited many times over if the Priests had been taken in their houses; of which some have escaped, not once but many times, in several searches that have come to the same house, and sometimes five or six Priests together at the same time. Myself have been one of the seven that have escaped that danger at one time in a secret place of his making. How many Priests then may we think this man did save by his endeavours in the s.p.a.ce of seventeen years, having laboured in all shires and in the chiefest Catholic houses of England?

Then for spiritual good, it is to be noted he was partner with them all in the gain of souls wherein he did preserve them; and to which end he intended directly all his works, labouring in that painful and dangerous business to keep them in safety for the saving of souls, which it appeared well he respected more than his own body, for he was not ignorant that his office was much subject to the danger of spies, and that when he should happen to be taken he was sure to be extremely handled to wrest out of him the secrets of other men's houses. And so, _de facto_, he did prove it ten years before this his last apprehension, at which time being taken with Father Gerard, though it were not known directly that he was the man that used to make secret places, neither the time as then all out so violent (things pa.s.sing much with us by storms and calms, as in times of former persecution), yet was he then put to extreme torture, and used besides with all cunning to see if either force or fear would make him to relent.

But when they found that he was so constant he would not yield in the least point, and so discreet withal that they could not take any advantage of his answers either against himself or others, having no evidence at all nor witness to come in against him, they could do no more but keep him still in prison, which they did until Catholics, that could hardly want him abroad, with a good round sum of money did purchase his liberty.

One reason that made him so much desired by Catholics of account, who might have had other workmen enough to make conveyances in their houses, was a known and tried care he had of secrecy, not only from such as would of malice be inquisitive, but from all others to whom it belonged not to know; in which he was so careful that you should never hear him speak of any houses or places where he had made such hides, though sometimes he had occasion to discourse of the fashion of them for the making of others.

Yea, he did much strive to make them of several fashions in several places, that one being taken might give no light to the discovery of another. Wherein he had no doubt great aid from Almighty G.o.d, for his places were exceeding fortunate (if so we may term the providence of G.o.d), and no marvel, for he ever began his work with communicating that day he entered upon it, and, as much as his labour would give him leave, did continually pray whilst he was working. But the contriving of his works in the safest manner were also very much a.s.sisted by an extraordinary wit and discretion which he had in such measure as I have seldom in my life seen the like in a man of his quality, which is also the opinion of most that did know him well. But, above all, that which did most commend him both in the sight of G.o.d and man, was his innocent life and earnest practice of solid virtues. For the first it was such, that I think no man can say that in all that seventeen or eighteen years they heard him swear by any oath, or ever saw him out of charity; yea, I have heard his ghostly Fathers affirm very seriously, that in all that time they never knew him to have committed mortal sin, nor anything that might be doubted to be such. His practice of the chiefest virtues was such that he had gotten great habits both in the religious virtues of poverty, chast.i.ty, and obedience, and no less in humility, patience, and charity, which upon all occasions were very plainly seen in his conversation and actions, insomuch that he was as a pattern of those virtues in every house where he came. One trial of his patience I cannot omit, because it was most apparent and worthy memory.

He was sent on a time to London by his Superior to fetch certain household stuff behind him upon a horse that was somewhat resty. He loaded his horse in an inn, and afterwards got up in the saddle with great difficulty; but then the horse would not forward, whether misliking his load or no, it is uncertain; but instead of going forward he rose so high with his forefeet that he fell backward and fell upon the man and burst his leg; which sore hurt he did bear with so great patience, and in like sort the dressing thereof divers times, but especially when being false knit, it was needful to have it broken the second which was worse than the first, that they all admired him in the inn, where he was forced to lie a long time. And whereas his friends were much afraid he would there have been discovered in his long abode, yet his patience and virtue got him so much love that he received no harm, but was ever after most welcome to the place.

Upon this hurt and the ill-setting of the leg-bone, one leg was a little bended and shorter than the other, whereof he had some halt, but so little as you could scarcely discern it; wherein, as he was made somewhat like in his pace unto blessed Father Ignatius (whose child and scholar he was), so did he labour to follow his steps in his Rules and holy Inst.i.tution, whereof he was a most religious observer, and as we generally think a Lay-coadjutor of the Society, admitted by Father Garnett some years before his death, though his humble and discreet carriage was such as you could not discern any liberty of fellowlike conversation that he took thereupon with any of the Society, but rather carried himself in all things as a servant. And I have some reasons more in particulars to think that he was a.s.suredly admitted of the Order, yet those can better tell that are of the Society here in England.

Now to come to the manner of his death. It was such as might be expected from so innocent and holy a life; yea, such as the enemy did therefore much malign and to seek to hide, and that with disgrace in all he might.

Being taken with Father Garnett, as hath been said, he was first committed to the Marshalsea, and not close prisoner of purpose (as it is thought) to observe who would come unto him; but he was too wise to give any advantage. When Father Garnett was committed to the Tower, he also was sent thither, there to be tortured, and that with all extremity, as it was before intended when he was first known to be taken; for even then a chief Councillor said, "Is he taken that knows all the secret places? I am very glad of that. We will have a trick for him." And so indeed they tricked him when they had him in the Tower, for they tortured him so long and so often that his bowels gushed out together with his life; which when they did espy, thinking to cover their own cruelty with his slander, they gave it out that he had slain himself with a knife that was lent him to eat his meat withal. And to make this report to go for current amongst the common people, they set forth a ballad with his picture, ripping out his own bowels with a knife as he lay in bed, his keeper being also in the chamber busy about some other thing. But this false slander was so improbable that even his enemies did not believe it, much less his friends that were so well acquainted with his innocent life and long-continued practice in virtue, besides his former tried constancy in that kind. For all men did see it stood with no likelihood that, after all his torments so patiently sustained, he should then of impatience or fear of more torments cast away himself; for then he would rather have done it before his torments, or after the first time to prevent the next, for he was beforehand well a.s.sured they meant to use him with all extremity; and yet all the while he was in the Marshalsea, or where his carriage might be seen, no sign of fear or trouble of mind could be discerned, but an humble and quiet settled mind, using great diligence in prayer, as one that prepared himself to his last conflict, which he might well expect, especially knowing the state of his body, as he did, which I will by-and-bye declare.

Again, if he would have yielded to sin to save himself from pain, would he not rather have yielded to their desires and discovered the secret places that he knew, for which he might be well a.s.sured not only to escape torments, but to be most highly rewarded, as one that could have done them more service in that kind than any man in England whosoever, and might have brought more Priests into their hands and more gentlemen's and n.o.blemen's livings into their possession than any one man could; yea, he might have made it almost an impossible thing for Priests to escape, knowing the residences of most Priests in England, and of all those of the Society, whom he might have taken as partridges in a net, knowing all their secret places which himself had made, and the like conveyances in most of the chief Catholics' houses in England, and the means and manner how all such places were to be found, though made by others. So that as no one man did more good than he in a.s.sisting the labours of all the Priests that were workmen in that vineyard, so no ten men could have done so much harm as he alone might if he had been so disposed; by which he well knew he might have made himself great in the world, not only by their rewards for so great and extraordinary service, but also by the spoil of Catholics' goods, being so many and so great, as he might have come to the rifling of, and have had no doubt much thereof for his own share, especially the Church stuff, which he knew to be very rich in some places, and where and how it was laid up. These motives therefore of riches, credit, and pleasure, being joined with a.s.surance of life and liberty, had been more likely baits for him to have bitten at, if he would have swallowed the hook of sin for the avoiding of torment, than by the torment of death voluntarily a.s.sumed, not to end his torments, as he well knew, but to begin a never-ending and that also much more intolerable torment in h.e.l.l-fire. He wanted neither wit nor knowledge in spiritual things to discern the great difference between these two; especially seeing on the one side with pleasures and riches in the world to be joined a longer life, and so a time wherein he might at last hope to do penance and be saved. Whereas on the other side he could see nothing but present death without comfort, and that but "initium dolorum,"(384) the door, as it were, into the house of horror, despair, and everlasting torments.

No; the truth was this: the man had lived a saintly life, and his death was answerable, and he a glorious martyr of extraordinary merit. G.o.d a.s.sisted him with so much grace that in all his torments he gave not the least sign of relenting, not any sign of impatience, not any one word by which the least of his acquaintance either did or might come in any trouble, of which three kinds they could not so much as feign any little instance to set forth with their forged slander, but set out the bare lie without any colour or likelihood at all. Indeed, I think they intended not to have killed him by torture, though they meant to give him enough, and more than ever any sustained of whom we can find records. For he hung in the torture seven hours together, and this divers times, though we cannot as yet learn the certain number, but day after day we heard of his being carried to torments. Now true it is, and well known to many, that the man had a rupture in his belly, taken with excessive pains in his former labours; and a man in that case is so unable to abide torments, that the civil law doth forbid to torture any man that is broken. He, therefore, being not only tortured, but that with so much extremity and so long continuance, it could not be otherwise but that his bowels should come out; which, when they perceived, and minding as yet to continue that course with him, they girded his belly with a plate of iron to keep in his bowels, but the extremity of pain (which is most, in that kind of torment, about the breast and belly) did force out his guts, and so the iron did serve but to cut and wound his body, which, perhaps, did afterwards put them in mind to give it out that he had ripped his belly with a knife.

Which, besides all the former reasons, is in itself improbable, if not impossible. For first, in that case, knives are not allowed, but only in time of meat, whilst one stands by, and those such as are broad at the point, and will only cut towards the midst. And if one be sore tortured (though much less than he was), he is not able to handle that knife neither for many days, but his keeper must cut his meat for him. But his particular case proceeded yet further, for his weakness was such that when a kinswoman of his (to whom they sent for some relief for him) desired to see by his handwriting what he would have, his keeper answered, "What would you have him write? He is not able to put on his own cap: no, not to feed himself, but I am forced to feed him." This man was likely, then, belike, to do such a deed with a knife which he was not able to grasp. But afterwards, the same party, seeking further to know his estate, and coming to the keeper to learn, as desirous to help him with anything that was needful, he secretly wished her to trouble herself no more, for, said he, "The man is dead, he died in our hands." This was known presently to divers Catholics, though reported in private, as it was spoken, for fear of further examination and trouble. For after they had published that he had killed himself, and seeing it was not believed, the only argument they had to give it credit was to commit those to prison that spake against it, of which there were divers examples to terrify others. "Sed Deus revelabit abscondita tenebrarum et manifestabit consilia cordium."(385) And of this great and worthy martyr there is no question but many witnesses will one day be produced to the glory of G.o.d and His servant, and the safety of their own souls if ever they come to penance. In the meantime I desire my soul may have part with his, and myself may be a.s.sisted with his holy prayers. About whose life and death I have been the longer, to show how much the truth of his virtuous life and glorious death is contrary to the published slander. This happy soul suffering all this, only for his conscience and constant practice of charity, not being so much as accused of any other crime.(386)

Chapter XII. Of The Arraignment, Condemnation, And Execution Of The Conspirators, With The Full Clearing Of Some Of The Society Falsely Accused In This Arraignment.

About(387) this time was discovered unto the Council the place where Father Garnett was, insomuch as they gave present order for his apprehension, as I will declare in the next chapter; but it could not be so soon effected as it was hoped and desired, so that in the meantime, although they were most desirous to defer the execution of the conspirators as long as might be, coveting to have found matter in Father Garnett whereby he might have been joined to them as a party at least, if not a princ.i.p.al contriver and author of their plot, yet finding his apprehension not to be speedy, and having no proofs and therefore weak hopes of proving him guilty, they could not well defer the trial of the conspirators so long time. Therefore upon the -(388) of January, they were all carried from the Tower to Westminster Hall by water, being nine in number: _vidlt._, Sir Everard Digby, Knight, Mr. Robert Winter, Esquire, Mr. Ambrose Rokewood, Esquire, Mr. John Grant, Esquire, Mr. Thomas Winter, and Mr. John Winter, brothers unto Robert Winter, Mr. Guido Faulks, Mr.

Robert Keyes, and Thomas Bates, servant to Mr. Robert Catesby, of all which mention hath been made in the precedent chapters, sufficient both to declare the quality and conditions of each one of them, unto which I remit the careful reader, if he be desirous to renew his memory and to join the consideration of their life with the inspection of their death.

Being brought to Westminster Hall before the Court was ready to sit, they were staid some half-hour in the Star Chamber, where in that little time of stay all men did note a great resolution in them, not seeming to fear or respect either judgment or death itself; nor showing any sign of sorrow for their attempt, in regard of their intention thereby to have pulled down heresy and set up the Catholic religion. Their state of mind and manner of carriage may in part be discerned by that printed pamphlet, which was presently set forth, ent.i.tled _A true report of the Imprisonment, Arraignment, and Death of the late Traitors_, wherein although all their particular words and actions were of set purpose left out, which might sound to their commendation, and many words of contumely and disgrace heaped upon them and their religion also in the most odious manner that could be devised; yet even that which is there set down of them did confirm very many in opinion that they thought themselves clear from offence to G.o.d in the matter, and that they were thereby made the more willing to suffer for the same cause. For there it is set down "that they spake little but in commendation of their conceited religion; also, that they asked no mercy either of G.o.d or the King for their offence, but seemed as though in their conscience they thought the work to be meritorious; also, that some did seem to enforce a stern look, as if they would fear death with a frown; also, that they did only pray by the dozens upon their beads." Thus they scoff at the iteration of the _Ave Maria_ and the set number of them which Catholics use in saying their beads. But by all these it appears they were nothing daunted with that which they expected, but were well persuaded of their cause, although they knew it was and would be condemned by the world. All which I do the rather set down, as well for the verity of the story, as that all men may see how needful it is even for the best minds to follow counsel, although their intentions be never so direct; seeing men of so excellent parts ran into so foul an error, and attempted so dangerous an enterprise against the whole State, by their own rash and heady courses, against the advice of their spiritual guides. For if they would have followed the advice of Father Garnett, they had never fallen into this grievous disorder.

When the Court was set, they were all brought into the hall and placed upon the scaffold at the bar to answer to their indictments. And, first, their indictments were read, wherein, as the manner is, their whole designment was laid open, together with the names and number of the conspirators, and the beginning and prosecution of the whole Plot, in such order as hath been before declared out of their confessions, only now they intermixed many untruths devised of their own head against the Jesuits, accusing them without any instance of time or place, and without any proof or witness at all, not only as parties of the conspiracy, but as princ.i.p.al actors, yea, and authors of the whole Plot. And to this end they did name those three as princ.i.p.al, whom they had before put in the proclamation, _vidlt._, Garnett, Tesimond,(389) and Gerard; yet always adding unto them "and other Jesuits," whereby it is apparent they meant by degrees to bring in the whole Company, having no proof against any, more than evil will suggested. For this was before they came to know that Father Garnett and Father Tesimond were acquainted with it in that secret manner that they could not reveal it,(390) at which time both they dissuaded it, and by all lawful means did labour to hinder it. But here both they and Father Gerard by name, and other also without name, were accused of it, who never had the least knowledge or imagination of such a matter. And yet to make the matter good against them, here they were accused in this indictment, where none of them were present to answer for themselves; and were joined with the conspirators who were sure to be convicted and condemned of the fact, that the Jesuits might also seem to stand convicted and proved guilty with them; and this not only as partners, but, as I have said, as princ.i.p.al counsellors and causers of the whole treason. To which end they brought in in the indictment certain solemn meetings and consultations between the aforesaid three Jesuits(391) and the princ.i.p.al of these gentlemen, especially Catesby, Winter, Percy, Faulks, and Wright; at which time these Jesuits (said the indictment) did persuade those gentlemen that the King being an heretic stood excommunicate, and therefore might be deposed, and finally persuaded them that there was no better way to effect that and restore Catholic religion than to blow up the Parliament House with gunpowder. All this was there fathered upon the Jesuits, whereof there was no one word true, as hath already and shall hereafter more apparently be showed.

And first, the prisoners unto this indictment did all plead not guilty, which though it be an ordinary course for all to do, until they have answered for themselves what they can, and then be cast by the verdict of the jury, yet in their case it was thought strange; they having all confessed the fact before in their several examinations. It was asked therefore afterwards of Mr. Guido Faulks, how he could plead not guilty, being so apparently taken in the place where the powder was laid up, and with matches and instruments about him for the purpose he intended, and seeing that also he never denied the fact nor the intention; but had confessed himself privy to the whole designment and of the most secret counsel from the beginning. It was much marvelled, therefore, how he amongst all the rest could plead not guilty; unto which he answered that he granted all to be true which they now spake of himself; but that he pleaded not guilty to the indictment, in regard of the meetings and consultations there alleged between the Jesuits and them, of which he said he knew nothing nor ever heard of any such counsel or persuasion from them. Now unto this his speech, which did so clearly discharge the Jesuits from all the imposed crime, what answer, think you, was given? Truly a very poor one. Forsooth, that all that was put in for form of law, because it must be presupposed.

But must untruths be presupposed in the place of justice, where right and truth stand to be tried from faults and falsehood, as gold and bra.s.s distinguished by the touchstone? And if some consultations must for form sake be set down before the acts themselves be said to be concluded of or commenced, yet must the innocent needs be thrust into the number and made the princ.i.p.als in the parley? Let us suppose the indictment had been drawn by some lawyers that had been no good friends to the Chief Justice and Attorney and Solicitor there present, and that their three names had been put into the indictment instead of the three Jesuits there named, and the whole matter laid upon their counsel and persuasion; would this have seemed to them to be just dealing and fit for the place of justice, only for that such consultations must be presupposed? Well, the time must come (and G.o.d knoweth how soon) when they and all that were the compilers of that indictment shall stand at the bar in a higher court, where their indictment will also be read, being already written by themselves in these their actions, "Eadem enim mensura, qua mensi fuerint, remetietur eis."(392)

(M13) But to proceed in the narration. When the indictment was read, and they all pleaded not guilty, then according to the custom in such cases, the King's Serjeant-at-Law (whose name was Sir Edward Philips) endeavoured to lay open the indictment that the cause of those that stood indicted might seem the more odious unto the jury and all the standers-by. After him Sir Edward c.o.ke, the King's Attorney-General, began his speech, wherein first he laboured to excuse the long stay that had been made of that trial and arraignment of the conspirators, which he supposed many did marvel to see so long deferred, supposing the grievousness of their fact and the apparent evidence that was to be brought against them. For excuse whereof he alleged divers reasons which some of the standers-by thought very insufficient; as, namely, that Mr. Robert Winter and Mr. Stephen Littleton were not long before taken. But what if it had been some months after before they had been apprehended (as it might well have been if by accident they had not been discovered), should then the execution have been deferred until their taking? Also he alleged, that if they had made more haste, they might have hanged Johnson instead of Faulks. But that had been a small matter, they being sure of the same man, and he of his punishment, which would have been neither greater nor less to him if he had received it by a wrong name. If Johnson and Faulks had been two several men, and then one hanged for the other, such a mistaking of the men or matter had been indeed an error, and to be prevented with some longer stay. But Mr. Attorney did not allege that which was the chief cause of this stay of execution, to wit, an earnest desire to have brought the Jesuits upon the stage if they could have been proved guilty, as they did their names into the indictment without any proof at all; yea, contrary to the published examinations and the now public witness of the conspirators themselves, as there it appeared. Secondly, Mr. Attorney did seek to excuse himself to foreign Princes in that he was forced to produce their names in that odious action, which he said he would not otherwise have done, but that he was enforced thereunto by the confessions of the conspirators, which he was to urge against them, and said he, the names of foreign Princes were so woven into the matter by their confessions, that they could not conveniently be left out. In all which I must allow of Mr.

Attorney his modesty and care not to offend so great persons, who, though they were named, yet in no sort accused by any of the conspirators.

(M14) But here in defence of the innocent, we have cause to demand of Mr.

Attorney why he was not also careful to forbear the offence of a much higher Majesty, that is, of G.o.d Himself, by accusing His servants wrongfully, without any cause at all given by them, or occasion offered by the confession of the conspirators, in which they were not so much as named? Yet Mr. Attorney would needs enforce those meetings and consultations to be true which the indictment had mentioned, and which, you heard before, the conspirators disclaimed, and in respect thereof did all plead not guilty: although for their own part, they denied not the fact, nor the consultations which they had amongst themselves before they concluded of the matter. Mr. Attorney, notwithstanding, would needs insist in the same disproved falsehood, and added thereunto another most egregious untruth, never so much as thought of by the party accused, as he hath often and most seriously protested to his private and confident friends, and once in my own hearing. The tale is this: that Father Gerard did give the oath of secrecy and perseverance in this treason unto the conspirators, and then heard their confessions and ministered the Blessed Sacrament unto them. Than which a more false and pernicious slander could not be raised or reported of any man living, nor more contrary to his very natural disposition and known manner of proceeding, as all men will answer for him that are much conversant with him.

But I would ask Mr. Attorney upon what ground he did raise and report this false surmise? Did any one man ever accuse him of it, or could it be justly gathered by any little word or t.i.ttle of their confessions? They are printed and published, and I have them now by me whilst I write this.

I have often read them over, and my eyes are not of so quick a sight as to discern the least cause of surmise leading to any such matter. But perhaps Mr. Attorney had it by revelation. Certainly he neither had nor brought any proof at all of so foul an accusation, which had been requisite to a man of his place. And it had been well he would have considered for his own credit that which all men know, that if there had been any such thing confessed by the conspirators, without which he could never know it, infallibly it would have been set down in their confessions; which I prove apparently by this reason: Mr. Attorney here affirmeth that he was forced to speak of other Princes, because their names were so intermixed or woven (as he termeth it) into their confessions, that he could not declare the one without the other. If then that which he saith he was so unwilling to speak of was publicly set down in their printed confessions, because they were annexed by the examinates to the discourse of their said confessions, how much more would this against a Jesuit have been left in (which here they charged him withal)(393) if any such thing had been true, or confessed for such by the conspirators? I hope Mr. Attorney will not say that he suppressed the matter for good-will unto him, and was more loth to have his name spoken of in so odious a cause than the names of those Princes which he would so fain have concealed, but that he could not unweave their confessions so much, into which they were inserted.

But if you will indeed know the true reason why this absurd fiction was not set down in their printed confessions, and yet was here averred by Mr.

Attorney, you must understand that the author of that first relation and discourse of all this treason and of the course and proceeding thereof (wherein the treason itself of gunpowder, the discovery thereof, the rebellion of the conspirators, their apprehension, and their confessions, were all published with all known, due, and true circ.u.mstances) was so careful of his authority and the credit of his narration, that he would not blemish the same with reporting any known untruth. And indeed the author was said to be of no less authority than the King himself; as it is easy to be gathered out of another book set forth soon after by the Earl of Salisbury, ent.i.tled _An Answer to certain Scandalous Papers_, in which, he saith, speaking of that discourse, "that every line discovered where Apelles' hand hath been." Now, on the other side, Mr. Attorney being not so sure a friend to truth, nor so careful of his own credit in that point, did not stick to allege this dream or device of his own for a true narrative, than which there never was a more foul untruth devised, the party accused being no more privy unto the giving or taking of any such oath, nor to any such plot or purpose in any one of the conspirators than the Attorney himself was, or whosoever doth think himself the furthest from it. And so it may appear that others of greater authority and judgment than Mr. Attorney were persuaded of him. For although when the matter first broke out the Council perhaps might have some suspicion that he was privy unto the Plot, in respect he was supposed to be acquainted with some of the gentlemen that were in the conspiracy, and thereupon his name put in the proclamation, yet after the conspirators were taken, and had been examined, and no proof at all found against him, or mention made of him in any of their confessions, it seems that the wisest, and those that had most to deal in the matter, did hold him free; and therefore neither the Earl of Salisbury nor of Northampton did produce any such accusation against him, although in their several speeches they had often occasion to mention that matter of the oath taken by the conspirators (which oath, as Mr. Winter directly saith in his confession,(394) was taken by themselves being alone and private in a chamber):(395) for these be the words of Mr. Winter's confession related in the foresaid discourse of the whole treason set forth by His Majesty himself, as before hath been declared. "First," saith Mr. Thomas Winter, "Mr. Percy said unto Mr.

Catesby and myself, 'Shall we always, gentlemen, talk and never do anything?' Then Mr. Catesby took him aside and had speech about somewhat to be done; so as first we might all take an oath of secrecy, which we resolved within two or three days to do. So as there we met, Mr. Catesby, Mr. Percy, Mr. John Wright, Mr. Guy Faulks, and myself; and having upon a Primer given each other the oath of secrecy in a chamber where no other body was, we went after into the next room and heard Ma.s.s and received the Blessed Sacrament upon the same. Then did Mr. Catesby disclose to Mr.

Percy, and I together with Jack Wright tell to Mr. Faulks, the business for which we took this oath, which they both approved; and then was Mr.

Percy sent to take the house, where the mine was to be begun," &c.

Here it is most apparent, that in this great business they consulted only with themselves; they took the oath by themselves; they imparted the matter amongst themselves; and a.s.sented unto it of themselves; and did admit neither counsel, nor persuasion, nor presence of any other in talking of the same. As for their hearing Ma.s.s and receiving the Blessed Sacrament, who seeth not but that might be done, and the Priest not privy to the matter? Whereof they made no scruple at all, as appears by their present receiving, but esteemed the case and cause meritorious and not belonging to confession. And yet who that Priest was, I have heard Father Gerard protest upon his soul and salvation that he doth not know. This confession of Mr. Thomas Winter is likewise approved in the confession of Mr. Faulks related also in the same discourse of this late intended treason, and contradicted by none. But we must pardon Mr. Attorney this overlashing in this his discourse, which seemed rather to be intended against the Jesuits, than to prove the prisoners guilty that were there present before him; for it appeared by his words in divers places, that the chief mark he shot at was, like another Aman, to root out the whole Order of them, not out of England only, but out of the world, if he could; for to that end he compared them with the Order of the Templars, which was suppressed by the See Apostolic. To that end it pleased him, out of his too great liberty of speech, to accuse them of teaching d.a.m.ned heresies, and besides, that they approve for lawful and meritorious the killing of Kings. In which last point, to show his good-will as well to the Head as to the members, he joined them with the Pope himself, affirming that Pope Sixtus Vtus did not only allow of the fact of that Dominican who killed the King of France, but did highly commend the same in a public oration in his Consistory. No marvel therefore if Mr. Attorney did pa.s.s the bounds of justice in his reports of those three Jesuits, and had no regard of truth in that fiction of his own fathered upon Father Gerard in particular, sith he showed so great a malice against the whole Order in general, and was so bold as to accuse the Pope himself in that public place, contrary to the rule of modesty in his speech, which himself had before acknowledged to be needful; and contrary to the counsel that is given in such cases, that at least his memory should be good, if his words were not true. But for the further convincing of that fiction, and full clearing of Father Gerard, I will afterwards briefly set down what course he held, to show his innocency both from that and all other partic.i.p.ation in this treason.

Now to proceed to Mr. Attorney his speech. He endeavoured to lay open the foulness of the treason intended, with all the parts and circ.u.mstances thereof; and showed how great harm and ruin might have come to the commonwealth by their rash and unnatural attempt. Yet for the persons of those that were the conspirators, whereof some were slain and most of them were present, he said, "though some reported them to be persons of mean account, yet," said he, "not to wrong them, they are gentlemen of good houses and of excellent parts, howsoever most perniciously seduced, corrupted, and Jesuited" (this was his phrase), "of very competent fortunes and estates;" besides he named three that were of very n.o.ble houses. But the most of his speech was directly or indirectly still bent against the Jesuits, as the men most maligned by him, and that, in respect of their religion and the industry they use to promote the same, for other matter he had not there, which he could with any justice or truth allege against them.

When it came to the prisoners' turn to answer for themselves, although they had pleaded not guilty, as I said before, that was partly in respect of those conferences between the Jesuits and them, which were not true and therefore by them denied; partly also for that although they acknowledged the fact, yet they accounted themselves not guilty of any crime in the sight of G.o.d, (M15) Whom they sought to serve and please in the action, and would not for any other respect have attempted it. To this effect answered Mr. Robert Winter and his brother Thomas, the elder of which, though he were known to be a man both wise and stout, yet he said but little in that place, as it is thought, for that he saw it was in vain to justify the action, and yet he would not condemn it, but showed a willing mind to suffer for the fact which he confessed. In like manner the younger brother, Thomas, though he were a man of very good discourse and had delivered his mind at large before the Council about the whole matter, and that in so good order and with such resolution that he was much commended and pitied by them all, so far that the Earl of Salisbury said if his case were any other but for this Powder Treason, he would have saved his life; yet now in this place he said little or nothing for himself, rather showing a contented, ready mind to suffer: only he asked mercy of the King for his brother, who was, as he said, drawn into the action by himself. It is not amiss to see what is said of them both by that pamphlet which was then by some base person published of their arraignment and execution; for that being written in as disgraceful manner of them as could be devised, it is the surer witness of anything that may be well interpreted of their mind. Of the elder he hath this, that he said little, but had a guilty conscience, that he swallowed and concealed his grief and made little show of sorrow for that time. Of the younger, he saith that he thought himself already half a saint for his whole villainy, that he said little that either made show of sorrow or sought mercy, but only made a request to the King for his brother, &c. By which relation set down to their disgrace, it may appear what opinion they had of the attempt itself and of their present state of mind in regard of their intention in the former.

Mr. Rookwood spake more at large, declaring how he had ever been brought up in the Catholic religion, and taught to fear G.o.d from his infancy; that he was the rather induced to attempt this enterprise, as thinking it the only likely means to restore the Catholic religion; that his friendship also and love to Mr. Catesby was such as moved him the sooner to follow his counsel and example: he requested, withal, favour for his wife and children. Of him the aforesaid book hath these words, "That he would fain have made his bringing up and breeding in idolatry to have been some excuse to his villainy; but a fair tale could not help a foul deed." So he.

Of Mr. Grant the book hath this. "Grant, stubborn in his idolatry, nothing penitent for his villainy, asked little mercy; but, as it were, careless of grace, received the doom of his desert." In which words one may sufficiently see the state of the man's mind to be answerable to the description in the -(396) chapter, though in other language here expressed, where the Catholic religion is, as you see, esteemed and called idolatry.

The youngest brother of the three Winters did speak little, but only that he did not begin nor a.s.sist to the Plot of Powder, but was after drawn in by the example and persuasion of his brother.

Mr. Faulks did show a mind answerable to his former proceedings, and gave that reason for his pleading not guilty which I set down before in this chapter: for his own part freely and willingly acknowledging the fact, for which he was ready to suffer.

Mr. Keyes did speak but few words, but such as did make show of great spirit. He affirmed that the persecution was such before they undertook this business, and himself had his goods seized with such violence, that to live in such misery seemed worse than death, and therefore to free both himself and others, he was glad of this occasion.

Bates, being the last of the eight which were all included in one indictment, and being but a serving-man, showed more servile fear both now and at his death than any of them all, answerable perhaps to the motives that made him first to undertake it, which being most like to be the love to his master, or some such human respect, so now he showed most sense in foregoing that which it seems before he had most respected.

Last of all was read a particular indictment of Sir Everard Digby, of which he stood indicted and convicted already in the country in the county of Northampton, where the matter was imparted unto him by Mr. Robert Catesby, and where he gave his consent with promise to provide 1,500_l._ in money, with horses and other furniture fit for a.s.sistance and prosecution of the enterprise, as he himself had formerly confessed and now again acknowledged at the bar. Therefore when his indictment was read to this effect, and he required to speak what he would in his own defence, he answered that he could not deny the fact nor would defend it, but that he must needs defend his intention, which was to please G.o.d and profit others by the action; that his motives were neither for ambition and desire of worldly preferment, nor discontentment of his worldly estate, which it was well known he had no cause to mislike, nor yet was he moved thereunto by malice or ill-will against any particular person; but that his motives were these. First, that which moved him to listen and to trust and to conceal the matter being opened unto him, was his love to Mr.

Catesby, for whose love and friendship he would have adventured his estates and fortunes. But another greater reason which moved him indeed to enter into the action was the relief of Catholics, for whom he saw no other remedy, seeing that the King, he said, had broken his word and promise of giving relief unto them, at least by toleration; which promise, said he, they received from him by divers messages; and whereof now there was no hope at all, but rather that they did all expect and see a preparation to make other laws in that Parliament more strict than the former, and that they had to that end packed all the Puritans together, which was the cause that moved them the rather to attempt that matter against the Parliament House. But the chiefest motive he said was the cause of religion, which alone, said he, seeing it lay at the stake, in that behalf he neglected his estate, his life, his name, his memory, yea, and his posterity and all the world and whatsoever the world could afford him. These were his words as near as they could be taken, which were noted by very many, and he exceedingly pitied even by many of those that were enemies to his religion, in which he showed so great a resolution and zeal, with so great estimation thereof and contempt of himself in regard thereof, which many of the hearers did so generally commend and so publicly affirm that they could never forget it, he being known to have enjoyed and that he might still have enjoyed as much worldly contentment as any man of his estate in England. After this he made some pet.i.tions unto the King and Council, that whereas his fault against the State had pa.s.sed no further than himself, he neither having drawn others into the action nor performed anything to the hurt of others, therefore he desired in like manner that his punishment might be extended no further but to himself, and so that his wife and children might neither of them sustain loss, but the one enjoy her jointure, the other his lands, so far as they were entailed upon them in law before this matter was thought of. Also that his debts might be discharged out of his estate; and for himself he craved no other favour but that, if it pleased the King, he might be beheaded instead of hanging. Lastly, whereas he had noted in the indictment and in Mr. Attorney his speech, divers of the Fathers of the Society to be accused as princ.i.p.al counsellors and persuaders unto this enterprise, he there protested that in his conscience he thought them all clear. And in particular for Father Gerard he could best testify, being best acquainted with him, and therefore was bound in conscience to set down his knowledge that "he was wholly innocent and did never so much as know of the matter, yea (said he), I never durst tell him of it, for fear he would have drawn me out of it." This was his testimony and protestation in that public place, being ready to receive the sentence of death; which he was likewise beginning to iterate again at the time of his death, but that he was interrupted. Now concerning this matter, if it were not for staying the reader too long from the story itself, I could here set down certain letters sent unto the Council by Father Gerard at this very time, which would make it apparent that he never knew of the conspiracy until all England knew it. But for that this chapter will grow too long, I will only set down the course he took to clear himself and the contents of the letters in few words, though I have now the copies by me procured of purpose to have been set down in this place.

I made mention before in the -(397) chapter how Father Gerard, before the proclamation came out, seeing himself to be searched for as guilty of this conspiracy, did write a long letter of protestation that he was wholly innocent and had not the least knowledge of the matter. This letter was seen to divers and even to the King himself, as hath been said, and gave good satisfaction. But notwithstanding this, some heavy friends of his (to whom he never gave any cause of offence) procured a proclamation to be set forth against him and two others of the Society, as hath been said; which when he perceived, and knowing very well that there was no proof at all which was or could be brought forth against him, he presently wrote four letters and sent them to London, three of which were to three of the chiefest of the Council and one to Sir Everard Digby, then prisoner in the Tower. The letters to the Council were to the Duke of Lenox, the Earl of Northampton, and the Earl of Salisbury; in all which he did humbly and instantly require, that whereas he was accused of so great a crime, in which he was not partaker in the least degree, nor ever in any sort made privy unto it, that it would please them for G.o.d's cause and for their love to equity, to show him so much justice as to afford him such trial as might be made of his innocency; whereof he proposed in those letters, two kinds, the one affirmative, the other negative. The one was that the letter to Sir Everard Digby, which was sent enclosed in theirs and unsealed might be delivered in their presence, and he examined upon the points thereof, containing a discourse between him and Father Gerard but three days before the Plot of Powder was publicly discovered, by which discourse (if any such discourse were then between them) it was most apparent that Father Gerard knew nothing in the world of the conspiracy.

And of the verity of that discourse, the Council might by that letter make full trial, in which the time and place and words that pa.s.sed between them were expressly set down, all which, if Sir Everard Digby did not affirm and agree with his letter, he would grant they had some proof against him.

The trial by negatives which he required was this: that it would please them to cause all the conspirators at the hour of their death to be publicly examined, whether ever any of them had imparted the matter unto him, or would but say upon their conscience that he had the least knowledge thereof, either by them or any other means. And if they did not all of them deny it (being urged, as they would answer the Highest Judge, to speak the sincere truth), he would then yield they had some proof against him, so that the parties that should so accuse him did it not in hope of pardon, but did certainly know they should die and did make show to die in the fear of G.o.d and hope of their salvation.

These two ways of trial were proposed and most earnestly requested by Father Gerard in those his letters, which were as sufficient to try the truth of the matter (all circ.u.mstances considered) as any could be wished.

And these letters were sent in such time to London, as that they certainly came to the Council's hands that very day of the arraignment of the conspirators; so that there was time enough to have had both kinds of trial made which he required, and in equity and justice might require.

But neither of them were performed. And it is thought generally that they were forborne, because it was sufficiently known beforehand that thereby he would be proved clear, whereof the Council were before that persuaded; but that they were willing to have the proclamation go forward against him, as against the rest, to hinder him thereby from conversion of souls and drawing many from them to the Catholic faith, and that of the better sort, with whom his conversation and practice was for the most part; which made them so desirous to take him by means of the proclamation, even after they knew he was not guilty of this treason whereof he was accused.