Here my Lord of Salisbury interrupted the prisoner and said, that because the truth was oftentimes more plainly discovered by interposition of questions and answers, than by a continual speech delivered together, he would ask of Mr. Garnett one question concerning that doctrine he delivered. "For you teach it," said he, "to be unlawful to equivocate before a competent judge, and I trust you take us to be such. At the least I do. Now did not you deny in the Tower unto me with earnest a.s.severation, that you had not any conference with Hall, until the witness was produced against you, and then you confessed it? Is not this to equivocate before a competent judge, and in a matter of small consequence?" To this the prisoner answered that he did so because, until the witness came, he did think the matter wholly secret, and therefore not liable to the examination of any judge, though otherwise competent; besides he deemed it prejudicial to a third person, whom then he accounted an honest man. Then he went forward in his speech.

"The second point of our doctrine," said he, "that Mr. Attorney greatly inveigheth against, is the doctrine of deposing of Princes and excommunicating of Kings. Whereof although I could discourse at large, yet for that I am unwilling in this honourable a.s.sembly to speak anything which may be offensive to His Majesty or to them, I will only say a word or two in just excuse of myself and my brethren, the Catholics of England.

And, first, I beseech your Lordships to consider that our doctrine in this point is the very same which is taught and holden by all Catholic Divines and other subjects in all Catholic Universities and countries of the Christian world, which subjects are not by their Princes censured for this doctrine or condemned as traitors, nor their doctrine judged to be seditious or treasonable. And therefore I cannot see why we, concurring with them and with all our predecessors in this kingdom, without innovation or changing any one principle or t.i.ttle in that matter, should be so severely branded with such notes of infamy. Secondly, for clearing our case the more, I will observe a great difference to be made between our Sovereign that now is, and other Princes that have once embraced and professed the Catholic faith and do afterwards revolt and decline into heresies, parting themselves from that body unto which they were before united, disjoining and dividing themselves from that Head to whom before they had submitted themselves and by whom they were governed; for they incur the censures which those authors, cited by Mr. Attorney, do speak of, and are punishable by that power which in precedent times they admitted. But His Majesty's case is different from theirs; for he maintaineth no other doctrine than that which from his cradle he hath been nourished and brought up in. And therefore those general sentences are not by any private man to be applied to his case in particular." Here the Earl of Salisbury again interrupted him and demanded if the Pope could excommunicate King James, his Sovereign. The prisoner answered, "My Lord, I cannot deny the authority of His Holiness." Then my Lord of Salisbury demanded, whether if he should be excommunicated, it were lawful for his subjects to rebel against him. "My Lord," said he, "I have already answered that point. I beseech your Lordship to press me no further. You have my opinion in the Canon of Nos Sanctorum which I before alleged."

Then Mr. Attorney produced the Canon, which was publicly read with derision of divers standers-by, who thought it ridiculous that the Pope should have such authority over Princes.

(M24) After this the Father proceeded and the second thing he would answer unto, should be recusants in general, "who," saith he, "are accused by Mr.

Attorney that they only grounded their recusancy upon the excommunication of the Queen by Pius Vtus, which, if it were true, then Mr. Attorney did infer that, seeing that our Sovereign that now is stands not excommunicate, it were lawful to repair to the churches and service of England. But if this were lawful, doubtless Catholics would have done it before this, thereby to avoid the penalty of those statutes which in that case are enacted. Neither is it true, that Mr. Attorney so constantly avoucheth, that till the eleventh year of Queen Elizabeth all Catholics did resort to their churches. For I knew many Catholics at that time living, that I am certain never went to Protestants' churches in their lives. And Sir Thomas Fitzherbert of my knowledge did not only refuse it before that time himself, but also had written a treatise to prove that it could not be tolerated in any Catholic; and it is apparent to the world that before that time many Catholic Bishops and Priests were imprisoned for their refusal. Whereby it is evident that their recusancy is not founded upon any excommunication; but only upon mere matter of conscience, judging it unlawful to communicate in their service(439) with such as have separated themselves from the Church. Which doctrine is as ancient as the condemnation of the Arian heresy; for even then the Catholics refused _in divinis_ to communicate with the Arians, albeit they had Priests, Ma.s.ses, Altars and their whole service, the same both in substance and ceremony.

Which doctrine hath also been taught by the most learned of the Protestants, Calvin, Luther, Beza and others, who all teach it to be unlawful to be present at our service, not only at Ma.s.s, which they count idolatry, but at Evensong also. Yet I grant this point was not so clearly understood by Catholics here until the Council of Trent, where twelve most grave and learned men were appointed to consult and conclude of this matter; who without controversy determined, that it was in no case lawful to communicate with the heretics in their service, no, not to avoid any torment whatsoever. And their decision was by the whole Council approved; although the same was also concluded of by the Council of Nice above 1,300 years ago." Here again he was interrupted by my Lord of Salisbury, saying, "You go about to seduce the people." The rest of his speech only tended to the City of London, and seemed to tell them they should see such an anatomy of the Popish doctrine, that he hoped after that it would not have so many followers, with other words to like effect; which speech being ended, the prisoner resumed his discourse and said:

(M25) "The third thing I determined to speak of was the Jesuits in general; of whom some have been by Mr. Attorney accused of undertaking several treasonable attempts, as the matters of Patrick Collyn, Yorke, Williams, and Squire, of all which I can say no more but this, that I have had the hands and protestations of those Fathers that are accused, as Father Holt and Father Walpole, who on their salvations affirm they never treated with the parties concerning any such matter; and that it was very unlikely, seeing the enterprisers of them were no Catholics, or but feigned Catholics, as Yorke and Squire were, who died Protestants, and were of so little acquaintance with those Fathers that it was no way probable they would employ them in matters of such weight. And howsoever they might in time of torture, or for fear, be brought to accuse themselves, yet at their death some of them discovered the practices and protested they died innocent of the facts for which they suffered, as Williams and Squire did. And for Father Sherwood, accused also by Mr.

Attorney, there neither is nor was any such Father of the Society. Indeed there was one of that name that entered the Society; but he died before he came to be Priest. But I am sure there was none such of the Society, as Mr. Attorney accuseth.

(M26) "Now for myself in particular. First I protest I am clear from approving, and much more from furthering, either this or any other treasonable attempts, and have ever thought and taught them to be unlawful; and have by all my best endeavours laboured to divert and suppress them. True it is,(440) that I did understand in general by Mr.

Catesby,(441) that he would have attempted something for the good of Catholics; which I dissuaded him from so effectually, that I well hoped he would have desisted from all such pretences. And this I revealed not, because as a Religious Priest I thought to suppress it between him and me; which course our Saviour prescribeth, warning us, that if our brother offend in anything, we should admonish him between him and us: and if this prevail, 'Lucratus es fratrem tuum,'(442) saith our Saviour; and if that reclaim him not, then we may proceed further. Now, my Lords, because I was persuaded that upon this admonition he would give over his former designs, I held myself in conscience discharged from making any further discovery of that practice. Howbeit that in your common law I think that insufficient, in regard it deemeth it not convenient to leave the safety of the commonwealth depending on the discretion or peculiar provision of any private person. But yet, my Lords, that I did dislike such proceedings, and as much as I could did endeavour to reclaim them, your Lordships may gather by the express commandment which I procured by means of our Superior, whereby was expressly forbidden all attempts against the King in general, and also by the endeavours I used as seriously as I could to procure the like prohibition, and that under pain of some heavier censure: which I would never have endeavoured, if I had any way approved it. And I knew very well His Holiness much disliked all such courses; and, as I was informed, commended my care and vigilancy in seeking to repress the former stirs, wherein Watson and Clarke did join with others the first year of the King's coming into England. And lastly, in that I knew them to be contrary to our Religious obedience (of which virtue in the Society we make special account), by which we were expressly forbidden to meddle in any such causes."

Here Mr. Attorney interrupted him and said, that he did not forbid them, for he could prove no such matter, but only by his words, who used to speak the best in favour of himself, "and," said he, "for that prohibition which you procured, I do not think you did it for love to us, but for your own ends, lest that by some matter of small importance your main plot should be prevented and hindered." To this he answered, "That all were prohibited in general, and therefore it could not be in favour of any one in particular." (Besides that prohibition was procured long before Father Garnett knew of this particular designment of those gentlemen, which as it appears by all proofs, was long after the powder was all placed, and but a little time before it should have been put in execution.) "And, Mr.

Attorney," said Father Garnett, "howsoever you labour to misconstrue my intentions, my meaning was so as I have said. And to proceed further, I am blamed also for giving letters of commendation to Mr. Thomas Winter and Faulks and others that went over (as now it appears) for accomplishing of treasons. And to this I answer, that I gave them indeed letters of commendation; but I protest I knew not that they went over about matters of treason, for that I never inquired of their businesses. But if I knew them to be Catholic men and of good conversation, then,(443) without further inquiry, I gave them letters to testify so much to my friends beyond seas, desiring their favours and furtherance for them in any ordinary matter of courtesy or charity. And the like letters I have given to divers other Catholics that were no ways to be touched with any treacherous attempts: and these were altogether unknown to me."

Here my Lord of Salisbury did interrupt him. "Mr. Garnett," said he, "did you give them the letters without knowing the end why they were sent over?" "Yea, my Lord," said he. "Why," said my Lord of Salisbury, "did not you yourself tell me that you did nominate Sir Edmond Baynham as a fit man to go over to the Pope?" "My Lord," said Father Garnett, "I told your Honour thus much: that it was thought convenient that some one should inform His Holiness of the estate of our country, and that it was a great charge to send over one of purpose for that business; knowing therefore that Sir Edmond Baynham was going over, and had been so resolved for above two years, I thought it better, that now he might discharge that care and save that charge, than that one should be sent over to the Pope of set purpose to inform of the state of England." "Nay," said my Lord of Salisbury, "you told me that Sir Edmond Baynham went over to acquaint the Pope with this Plot of Treason, and that therefore you would not have him said to be sent by you, because the Pope would be offended that you employed a layman in that business." "My Lord," said Father Garnett, "at the going over of Sir Edmond Baynham I did not know of that treason myself, and therefore could not think that Sir Edmond went to acquaint him with it." (Note the modesty of this Father that would not contradict the Earl, although the matter touched him very near; but rather proved, by a necessary consequence, that he could not say so unto him, than he would seem to aver the other had misreported his words.) "Nay I am persuaded,"

said the Father, "that Mr. Catesby would not have revealed the matter in particular to the Pope himself. Howbeit, afterwards I imagined with myself that peradventure Mr. Catesby by his means might intend to acquaint His Holiness with some pretence in general for the Catholic cause, which they would undertake if His Holiness should approve it And this I supposed only because Mr. Catesby promised me that he would not go forward with any attempt till the Pope had been acquainted and made privy to it And I said to your Lordship, that therefore I would not that Sir Edmond should be sent from us; for that it would displease the Pope we should send or employ any person whomsoever in the affairs of England; but refer them to others, whom it more concerned."(444)

Then Mr. Attorney replied that Mr. Faulks had confessed that Sir Edmond Baynham was to give notice unto the Pope of this their attempt: and to this effect was produced a confession of Faulks which said that Sir Edmond Baynham was sent to Rome to acquaint the Pope with the matter when the blow should be given, and to crave his a.s.sistance and furtherance in all.

To this he answered: "What they determined, I know not. And it may be, they thought at that time to have conveyed him some letter to give him notice thereof. But it is more than I know, and very unlikely that the first news should come by me, for the common fame and rumour thereof would have prevented my letters by a great while." Then said Mr. Attorney: "You see, my Lords, what great care this man had for the preventing of this so great a danger; and yet he saith he did not approve nor consent to it. But I will prove that he did both; for, as I have said before, he gave Catesby the resolution that it was lawful to be done not in that case, but in another like to it; which notwithstanding was the sole ground Catesby stood upon, as appeareth by Rookwood's confession, before alleged and now again produced and read. Besides he made a prayer for the good success of the Powder Treason, about the time it should have been put in practice, he having known thereof in particular before by Greenway his confession."

(M27) To this the prisoner answered: "That the case was proposed to him in general, and so he resolved it, being a case common in all just wars, where if a town could not be taken, or a wall beaten down without the death of some innocents, all casuists do hold that fact to be lawful. But that Mr. Catesby misapplied this general question, was neither fault nor approbation of mine; which when I heard (M28) of, I conceived a great horror at the thing itself, and thought it would be a scandal and disgrace to Catholics; and therefore, besides the former means which I had used to suppress it, I did also in my prayers desire some milder course might be taken, if it were G.o.d's will." "Nay," said my Lord of Salisbury, "you prayed not with that condition; for you said to me in the gallery, that although we did not approve of your Ma.s.ses, yet you did think a.s.suredly that they had done us good; for you prayed heartily that it might not come to pa.s.s, except it were for the good of the Church." Father Garnett answered "that he said not so; but that he desired G.o.d to make a milder course, if it were His holy will. As for the prayer upon All-Hallow Day, wherein you note those words so precisely, 'Gentem auferte perfidam,' you must understand it was the hymn of the same Feast, which in my exhortation I admonished the hearers to iterate unto Almighty G.o.d for the Catholic cause, the Parliament being then at hand, and great fears in us of more severity ensuing towards us; and therefore I meant not the Powder Treason, but to desire G.o.d that He would put in the mind of His Majesty and the Lords there a.s.sembled in the Parliament not to permit those rigorous laws to pa.s.s against us, which we feared would at that time be concluded of, and to restrain the too much forwardness of some others in the company that were more violent against us." "Indeed," said Mr. Attorney, "you said you would so colour it." "No, in truth," said the Father, "that was my true intention."

Then witnesses were called into the Court which had heard the interlocution; and Mr. Attorney spake in commendation of one of them, saying he was a great linguist, a Justice of Peace, and a learned man, and one that would do wrong to no man. Father Garnett said he thought so too, but he might be mistaken, for that which he said was no more but that he could answer that point very well, for he would say (as in truth it was) that he meant, that the laws intended might not pa.s.s against us. "And how say you, Mr. Fawcet, bethink yourself, were you not mistaken?" (Here one may see the good Father had some hope left, that some sparks of grace and true dealing had been left in the man according to his former promises of friendly meaning; but he found the contrary, and that they were agreed together what they would aver, "convenientes in unum adversus christum Domini,"(445) for he answered,) "No," said he, "we both understood it so and writ it down so, and have had so great care to do you no wrong, that we omitted divers things wherein we agreed not, and nothing was set down, but with both our consents." "No," saith my Lord of Salisbury, "if we would touch you with the testimony of one witness, we could charge you with further matters than these, but we will not do so, that the world may see what mildness and mercy we use in execution of justice, and to this end my Sovereign determined that your trial should be in this honourable a.s.sembly. For who is Garnett that he should be called hither; or we should trouble ourselves in this Court with him? which I protest were sufficient for the greatest Cardinal in Rome, if in this case he should be tried. No, Mr. Garnett, it is not for your cause that you are called hither, but to testify to the world the foulness of your fact, the errors of your religion, and His Majesty's clemency. For these causes His Majesty ordained your trial should be in this Court before this honourable a.s.sembly, wherein we may glory as much as if the greatest Cardinal in Rome were pleading at the bar. And, therefore, the witness is a man of reputation and who would do you no wrong."

Mr. Garnett said he thought so too, but he might be mistaken. "No," said my Lord of Salisbury, "he was near you enough to understand your words: for Hall and you, of policy, were lodged so near one to the other and in such a place where your interlocutions might be easily heard." (Here it appears Mr. Attorney his speech was idle when he said it was for want of rooms and by chance that they were overheard; but he did not foresee that the Earl meant to make the truth in this point of policy serve his turn for a further policy, as here it appeareth. Unto which end also the good usage was directed to satisfy the Amba.s.sadors who were then present, and others that were like to inquire of his usage in particular.) "For Christian policy is not to be condemned in any well-governed commonwealth, and if we should not use such courses, I know not how we should deal with such people as you. You have in your pamphlets so described us for cruelties and persecutions. But let him testify that is here at the bar, whether he hath not been used with extraordinary favour? How say you, Mr.

Garnett, is it not so?" "My Lord," said the Father, "I must acknowledge my entreaty to have been very honourable, for which I esteem myself much bound to His Majesty."

Then my Lord of Salisbury urged that he was bound to have discovered the Powder Treason which he knew by Greenway his confession, "being no sacramental confession by your own laws," said he, "for it had no contrition and was _de futuris_, and so could not be a Sacrament in your own religion." (This point is answered where the thing itself is particularly declared at the time and place when it happened. Here the Father did only answer to the Earl's chief intention and said:) "Though he nothing doubted but Mr. Greenway had contrition and all things needful to make it a sacramental confession, yet howsoever the party were penitent or not, the Confessor may not reveal it without mortal sin, if he utter himself in confession, and not in derision of the Sacrament." Then said the Earl of Northampton, "Mr. Garnett, Greenway in his reservative clause was more careful of you than of the King or commonwealth, in giving liberty to you to reveal it in time of your own danger, which should have been rather to have prevented the danger to the King and commonwealth."

Father Garnett answered that Mr. Greenway having it himself also from them by confession, was restrained and limited how far he should give leave to open it; and that the Confessor hath no extensive liberty at all further than the penitent gives unto him.

Then said the Earl of Nottingham, "Mr. Garnett, if a man should tell you in confession that he would stab the King with a dagger to-morrow, are you not bound to reveal it?" "My Lord," said he, "unless I could know it by some other means, I might not." Hereupon the people fell into a great laughter, not understanding that the secrecy of confession concerneth a greater good in the life of many souls, than the corporal life can be of any particular man. When the laughter ceased, the Father proceeded and said, "In that case, my Lord, my duty were to dissuade the party from it, to refuse to give absolution, and by all(446) means to labour to divert it, which might not open the confession."

Then said the Earl of Northampton, "Mr. Garnett, you were consenting to the Powder Treason, for you did not forbid it: and it is a case by every good Priest approved, that 'Qui non prohibet c.u.m potest, jubet.' "(447) "My Lord," said the Father, "I did prohibit it, as much as in me lay." My Lord of Northampton replied, "Why did you not then make it known to those that could and would have hindered it?" Father Garnett answered, as before, that he could not do it, because he knew it only in confession.

Then the Attorney pressed him in this manner. "Although you could not discover Mr. Greenway, by whose confession you knew it, yet might you have well discovered what you understood concerning Catesby and his a.s.sociates, whose confessions you heard not." The Father answered, "What sin soever is heard in confession, although it concern not the penitent but some other, cannot lawfully be revealed."

Mr. Attorney then urged him with his being in Warwickshire at that time when these troubles should have happened, amplifying it again, as in his former speech he had done. To which Father Garnett answered that by reason of a journey which he had made that summer to St. Winifred's Well, he pa.s.sed through that country, and was by the entreaty of some of his friends and some occasion also of business detained there for a time, not suspecting any such troubles would have happened in that place: which, if by any forecast he could have foreseen, they might well imagine he would in discretion have been a good way off from that place and country.

"But," said my Lord of Salisbury, "what did you, Mr. Garnett, the 6th day of November, when Bates came to you with a letter from Catesby, after the Plot was discovered and they in open rebellion?" "My Lord," said Father Garnett, "I said I would not meddle with him that had wrought himself into such treasonable attempts, and thereby endangered himself and his friends." "Yea, but," replied the Earl of Salisbury, "did not you send Greenway to Catesby, who went to raise the countries abroad?" "My Lord,"

said Father Garnett, "he went without my knowledge; neither could I gather by any speech of his that he had any such intention, as Bates could testify, if he were alive." And indeed Bates had said as much as that in his letter, before set down verbatim in the 11th chapter, which was more than Father Garnett could know of.

Then, for conclusion, Mr. Attorney desired license to read a letter written by Mr. Tresham, lying upon his death-bed in the Tower, wherein upon his salvation he cleared Father Garnett of any notice of the Spanish treason, protesting that he had wronged him in it, and that he had not seen Father Garnett of fourteen years before. "Now," said Mr. Attorney, "to prove this untrue, here is a confession of Mrs. Ann Vaux, who (though otherwise a very obstinate woman) yet in this she confesseth plainly, that within these three years Tresham had been several times at her house with Father Garnett, and twice this last year, at which times Father Garnett had given him very good counsel. So that you see," saith Mr. Attorney, "they will swear and forswear anything." The like said my Earl of Salisbury upon the same occasion.

But they did not (or would not) mark, that Mrs. Ann Vaux her confession doth make nothing at all against Mr. Tresham his protestation; for he said not he had not seen Father Garnett within the last three years; but that he had not seen him of fourteen years before the Spanish treason, which was the year before the Queen's death; as his words are plain, and the cause also of his writing doth make it plain, for his intention was only to clear the Father of the Spanish treason, which he had wrongfully accused him of, and therefore it was a very material proof that he had not seen him of fourteen years before that business;(448) but they would needs draw his meaning to be, that he had not seen him of fourteen years before the writing of the letter. But this was their misconstruing, not his equivocating; yea, then his words had been very unproper, for he should rather then have said, "I have not seen him of fourteen year, or this fourteen years;" but whereas he said, "I did not see him of fourteen years before," he must needs mean of fourteen years before the time he spake of, which was the Spanish treason. Therefore they were to blame, that did so much insult upon Mr. Tresham after his death, as though he had been found to have protested an untruth. But they did it to take occasion to infer thereby that other protestations also were like to be untrue, which divers of the conspirators had made before their death to clear the Fathers. But against theirs, no pretence of exception could be alleged; but only that theirs might be false, because this was false: which had been an evil consequence, although this had not been true. But this of Mr. Tresham's was true: and the others undoubted, and no ways to be disproved. And it is worthy to be noted how Almighty G.o.d did permit them now, at the end of this long day's trial of Father Garnett, to bring forth this letter (whereby they thought so clearly to disprove such testimonies as might be afterwards brought for Father Garnett), which letter did indeed so clearly prove him innocent in that former dealing with Spain, whereof there were more likely presumptions against him than about this Powder Treason.

The cause and manner of writing this letter was this. Mr. Thomas Winter had confessed that six gentlemen were acquainted with that Plot, but could say nothing of Father Garnett, that he did so much as know of it. Mr.

Tresham acknowledged in his first examinations that himself was acquainted with it, _vdlt._, that money and men should have come from thence; and being found more fearful and easy to be wrought upon than the rest, he was urged to confess Garnett to be privy thereunto; to which he answered, "Perhaps he was." On which words reflecting afterwards when he lay in extremity of sickness in the Tower, and prepared himself to die, he thought the Council would take advantage against Father Garnett by that which he had said: therefore before his death he caused his man to write in his name unto the Earl of Salisbury, protesting upon his salvation, that Mr. Garnett was not acquainted therewith, &c, as before was set down out of the letter read. This letter he was not then able to sign himself, he was so weak at that time, and therefore caused his wife to do it, and commanded her, as she would answer it before G.o.d, to deliver it to my Lord of Salisbury, for the discharge of his conscience; but afterwards growing somewhat better, he did call for the writing again, and signed it with his own hand. And his wife after his death, because she could not be admitted to come to my Lord of Salisbury, inclosed it in a letter of her own, and sent it to his Lordship. And the man that wrote this letter, being afterwards taken by Sir William Wade, Lieutenant of the Tower, for fear of his threats, affirmed his master had written the letter himself (not daring to be known, that he had written it at his master's appointment), but afterwards being at liberty, he went to the Recorder and affirmed before him, that it was his master that had caused him to write it, and had himself subscribed it: and for this the man was committed to a close and strait prison, to Bridewell, the worst prison about London.

Notwithstanding all this, upon the reading of this letter, my Lord of Salisbury presupposed it as granted that Mr. Tresham did mean to equivocate in this letter, which the good Father did not contradict, not observing perhaps the circ.u.mstance of Mr. Tresham his words before alleged, which was no marvel, being clean wearied out with so long standing at the bar, and answering to every man's questions before, which more concerned himself; and himself so often interrupted in his own discourse, that it was misliked by divers of the standers-by; yea, the King himself, who was there in private, sent word at length to my Lord of Salisbury, he should give the prisoner leave to speak freely. My Lord of Salisbury therefore took occasion upon this supposition to speak at large, and said, though he would not meddle with Mr. Garnett in matters of divinity, yet because he had been particularly employed in that service, he desired to demonstrate with what sincerity and moderation His Majesty's justice was carried in all points. And so he discoursed of the manner of the proceeding therein, and said it was not performed with such solemnity in respect of Garnett, who was but a private man, but to discredit in his person his religion, and to credit the Gospel, and also to show the King's just proceedings to the world, and withal to favour the City of London, in doing it in the sight of the city. Then he showed how gently Father Garnett had been used, more like a nurse-child than otherwise, and that in this arraignment divers things had been permitted to be read, which made for Father Garnett; as namely this testimony of Mrs. Vaux, who, said the Earl, would sacrifice her life to do him good. And so he concluded, affirming that the whole course of proceedings in that matter had been mixed with such clemency, as he thought there was none so malicious that could calumniate. My Lord of Northampton also made a speech much to the like effect, to show the foulness of the Plot of Powder, the just and merciful proceedings of the King, and the presumptions of Father Garnett his being guilty.

Which done, the jury was willed to go together, and Father Garnett, ere they departed, desired them they would take such things as he had denied, to be justly and truly disavowed, except they had more evidence to the contrary; and desired them to give their verdict only upon that which was acknowledged to be true, and not upon any other presumptions. And so indeed (by G.o.d's providence) it was performed: for they went together for a short time, and presently returned and p.r.o.nounced him guilty directly for not revealing this treason.(449)

He was then asked whether he had any more to say for himself, and my Lord of Salisbury told him it was the King's pleasure he should have free leave to speak (but this leave was p.r.o.nounced very late, after so many hours of continual interruption). The Father answered he had no more to say but G.o.d save the King; and referred himself to the mercy of G.o.d and the King, and that he desired their Lordships to recommend his cause unto His Majesty, whom if it would please to grant him life, he would labour to deserve it the best he could, his conscience reserved. If otherwise, he was prepared to die.

Then Serjeant Crooke prayed judgment might be given. The crier was willed to proclaim silence. The Lord Chief Justice, Sir John Popham, p.r.o.nounced sentence of judgment against him, which was, to be hanged, drawn, and quartered.

The Earl of Northampton made a second speech to this effect unto the prisoner. "Nothing is, that hath not been: nor nothing hath been, that is not. That all which hath been spoken this day might be rightly understood, you are condemned not for religion or your profession; but for treason verified by pregnant proofs. It is necessary to look into the ground of this action and safety of the King; which by the Scripture is sufficiently commanded and proved, that there is no cause sufficient to depose Princes, neither tyranny, nor adultery, nor idolatry, nor apprehending of Priests, nor simony, nor heresy, nor apostacy. No power upon earth can dispossess him. That Popes have attempted it sometimes, hath been abuse crept in within these five or six hundred years, but the ancient Popes would never do it, yea, St. Gregory calleth the Emperor, his Lord. No man may lay hands upon the King, as is proved by many examples in the Old Testament.

You are commanded in the New Testament to obey your Princes; and so all the ancient Fathers teach. For the Prince's life is in no man's power, but in the hands of G.o.d Himself. All examples of Scripture prove you ought not to touch his body, but to persuade his soul. You allege the Canon of _Nos Sanctorum_ to prove it in the Pope's power to depose Princes for some causes; but it never can be proved lawful by any learning or law for this 1600 years. Therefore whosoever doth maintain it, is in a foul and most gross and grievous error."

This was about six or seven o'clock at night. Then the Court broke up; and Father Garnett being condemned to die was returned back to the Tower until the day of his execution. The King as he went from the place of trial, where he had been in private, was heard to say, they had done the prisoner wrong to interrupt him so often; and also, that if he had been in the prisoner's place he could have defended himself better in some points. The Protestants were generally much appalled at the beginning of Father Garnett his speech, and some that came from the hall said, that never any man did speak so at that bar. But towards the end, they did weary him exceedingly with so many interruptions and interrogations. But it did comfort the Catholics much that he was condemned only for concealing the treason which he had only heard in confession; and consequently his condemnation and death was only for concealing confession, which is a most happy cause, and the case of a martyr, as all the Catholics did then account him, and as the justice of his cause did then approve him: and G.o.d hath since his death declared by diverse signs, of which I will afterwards speak in their fit place.

Chapter XIV. Of The Arraignment And Execution Of Father Ouldcorne And Those That Suffered With Him, And Of The Occurrences There, With A Brief Relation Of His Life.

Whilst Father Garnett was kept as yet in the Tower and the expectation great(450) what would become of him, not only of all the people, but of many princ.i.p.al persons also (the resolution of the Council concerning him being known to very few), and whilst, in the meantime, the whole afflicted company of his friends and spiritual children did join in earnest prayers unto G.o.d for him; whilst this was the thought and the business of the poor distressed Catholics, it was determined by the State that Father Ouldcorne should be sent into the country, where Father Garnett and he were taken, there to be arraigned, condemned, and executed. Wherein a.s.suredly the providence of G.o.d, and His sweet disposition was plainly to be seen both towards the good Father himself and all the Catholics of that shire. For doubtless a more grateful thing could not have happened to that Father than to suffer in that place where he had laboured so long, and now to water those plants with his innocent blood which he had, with the help of G.o.d's grace, so carefully planted, and so many years watered before with Catholic doctrine and instructions of good life. Neither could anything have been provided more profitable or pleasing to that country than to have him die amongst them, whom in his life they did so highly and so worthily esteem, and to see his constancy at the end of his course, whose virtues they had seen and admired in so many years' conversation. Briefly, they might well and did esteem it a great happiness to see him go to a crown of glory who had a.s.sisted so many of them to the obtaining of grace, "ut coronati essent in misericordia et miserationibus."(451) And so to have him a patron to their country for time to come who had been a pattern to them in the way of virtue whilst he walked amongst them.

This good Father, therefore, about the midst of Lent was sent from the Tower towards the county of Worcester, and with him Mr. Thomas Abington, in whose house both Father Garnett and Father Ouldcorne were taken; with them also Mr. John Winter, the youngest of the three brothers, who was before condemned when his brothers and the rest of the conspirators were condemned, but was not executed with them, because the Council would have some of them executed in the country for the greater terror; and rather this than the rest, because he was no actor about the Powder, but only a party in the rebellion, which, therefore, was thought fittest to be punished where it was performed: and withal it was the rather deferred until this time of Father Ouldcorne his execution, to make a show unto the people that Father Ouldcorne was to be touched with the same conspiracy or rebellion for which it was known the other suffered. With him also was sent down Ralph ---(452) of whom I spake before, who had for some years faithfully served Father Ouldcorne in his spiritual business and negotiation for souls, and was taken with him, and brought up to London with him, and had suffered torture in the Tower with him, and now was carried down with him, and was to go to Heaven with him.

As they went through Holborn, going out of London, Mrs. Abington(453) did meet her husband, Mr. Thomas Abington, and, with many tears, took her leave of him, but yet promised to labour earnestly with the King for his pardon, which she hoped to obtain the rather by her brother's means, who was the Lord Mounteagle, now in special favour, as you may guess, being the man that had discovered the Plot of Powder.(454) Mr. Abington wished her to be of good comfort, for himself was not troubled; and withal, willed her to put His Majesty in mind how he had suffered four years'

imprisonment for his good mother, for whom also his elder brother was executed, and that himself had never undutifully thought against him or his in his life. They were all carried down to Worcester like prisoners, and prisoners supposed to be guilty of most heinous treason, and their usage by the way and at their coming to Worcester answerable thereunto.

They were arraigned at the Lent a.s.sizes, which is a Court of public justice holden twice a year in every county for the trial, as well of country causes in law, as for life and death, touching all such malefactors as are taken and do belong to those shires in which the a.s.sizes are holden. Therefore, at the Lent a.s.sizes at Worcester were brought to the bar Father Edward Ouldcorne and Ralph --, also Mr. Thomas Abington and Mr. Humphrey Littleton, of whom I have declared before that he was the man in whose chamber Mr. Robert Winter and Mr. Stephen Littleton were taken. In which respect this Humphrey Littleton, hoping to deliver himself from danger of the law (upon the large promises that were contained in the proclamation to any that would be the means of taking Father Garnett), discovered Mr. Abington his house, where both Father Garnett and Father Ouldcorne were taken. And yet it was not G.o.d's will he should for so evil a deed have his expected pardon, for his greater good, as it is to be hoped, for, seeing worldly hopes and promises to fail him, he sought for mercy(455) at G.o.d's hand, and became very penitent for his fault and frailty showed in that discovery. Mr. Abington was indicted and condemned upon the statute of relieving Priests, although he did allege for himself that which had been sufficient to clear him, _vdlt._, that he was absent from his own house, and who might come in his absence he knew not, nor could hinder; and, before he came, they were so shut up and besieged in secret places, that they could not be gone; therefore he, neither being cause of their coming nor staying, could not justly be found guilty of that penal statute. But they knew so well his constant love to Catholic religion (which had been so often times and so well tried before), and his devotion also and respect unto Priests was so well known unto them, that they made no scruple at all to presume that those two Fathers were there with his approbation and good liking; in which respect they doubted not to condemn him as guilty, although, before the time of execution, there came a reprieve from London, obtained by his wife and the Lord Mounteagle of His Majesty; and so his life remaineth still at the King's pleasure, and his lands and goods forfeited: which lands of his, because they should have returned to his heirs in case he had been put to death (this statute being but of felony and not of treason), they might be a motive to save his life, that so the gain might be greater by his life than by his death it could be.(456) The gentleman showed great constancy, courage, and devotion at the receiving his judgment, as he had often done before in his examinations and conventions before many several commissioners for the cause of religion, where at all times he did answer with such learning, judgment, and sufficiency (being a man of great reading and of a very good understanding), that his adversaries were generally unwilling to deal with him in that kind. And several Bishops of Worcester (to whom he had been prisoner)(457) had received diverse foils at his hand both in private and public conferences.

Mr. Humphrey Littleton was indicted and condemned of high treason, for receiving and harbouring the two gentlemen before named, Mr. Robert Winter and Stephen Littleton, who were proclaimed traitors. He acknowledged that fact, which he could not deny, but yielded he had much more deserved death for his treason to G.o.d in betraying his servants those two good Fathers, than in any ill intention he had unto the State, in not delivering up those two for whom he was condemned.

Father Ouldcorne his indictment was so framed that one might see they much desired to have drawn him within the compa.s.s of some partic.i.p.ation of this late treason; to which effect they first did seem to suppose it as likely that he should send letters up and down to prepare men's minds for the insurrection. But for this they had no other ground but that he was a man so much esteemed by the best Catholics in those parts, and those countries were the place which it seemed the conspirators did most trust upon for a.s.sistance. They also did seem to think that he had written some letters for the relief and conveying away of Mr. Robert Winter and Mr. Stephen Littleton after their rebellion, and before they came to Humphrey Littleton's, where they were apprehended. Also, they accused him of a sermon made in Christmas, wherein he should seem to excuse the conspirators, or to extenuate their fact, and, withal, that speaking with Humphrey Littleton in private about the same matter, he should advise him not to judge of the cause, or to condemn the gentlemen by the event, alleging some examples and authorities to prove that G.o.d doth not always give present success to such causes as yet He doth approve and will afterwards prosper. "Sed nullam istarum causarum poterant probare, Patre rationem reddente, quoniam neque in Legem, neque in Regem quicquam peccavit."(458)

And for the first, being a mere supposition, without any proof or instance to be alleged, it could not have any force against him, whereas his protestation was of great force in denial thereof, affirming seriously, upon his death and salvation, that he never knew anything at all of that treason, and that he was as innocent thereof as the child new-born. And for the second, as they without proof did suppose that he had holpen to convey away Mr. Robert Winter and Mr. Stephen Littleton, being his ghostly children and dear friends, he cleared himself very sufficiently from so unjust an accusation. But, withal, did prove very learnedly there at the bar, that if he had so done, yet he could not be justly condemned for that by any law, all circ.u.mstances considered of his estate and theirs, they having been reputed for so virtuous men before this error, and might justly be presumed to be very penitent now for this enterprise so unadvisedly undertaken.(459) For the last, he utterly denied he had spoken anything, either in public or private exhortations, to justify the attempt of the conspirators, and declared there what he had said and with what intention. And Mr. Humphrey Littleton, who had been his accuser in those points, did there publicly ask him forgiveness in the Shire Hall, and said he had much wronged him.

But when none of these things could be proved against him, yet, being a Priest and a Jesuit well known to have gained many souls to the Catholic faith, he was found guilty by the jury and condemned by the judge to be hanged, drawn, and quartered, as in case of treason, and as blessed Father Campian and Father Southwell and others of his predecessors had been before him. He received the sentence with joy, and told them there in public that he had been tortured in the Tower five hours five several days together, one after another, which, if it were five hours at a time even one of the days (as his words were understood), then was it a most great extremity that he sustained. For one hour's torture will make the hands so swollen and so sore (besides the pain in the other parts of the body), that it is a very cruel thing to put a man to the like the next day after.

"Sed Deus non deserit sperantes in se, in quo omnia possumus."(460)

Ralph -- was also indicted and condemned, upon supposition that he had carried letters to and fro about this conspiracy. But they neither did nor could allege any instance or proof against him, and he solemnly protested, upon the salvation of his soul, that he had never known of the treason in the least degree. So that he could not be condemned nor suffer for any other cause but for the helping and a.s.sisting the good Father there condemned with him, in his spiritual functions. Which cause, as it was glorious in itself, so for it the good and virtuous man did very gladly accept both sentence of death and death itself, as he showed most apparently after, when he came to his execution.

Thus they received all four sentence of death, but Mr. Abington was reprieved, and they three were kept in the jail together, with Mr. John Winter, until the next Monday after, which was the day of execution. In the mean time Father Ouldcorne added one gem more unto his crown by the conversion of an obstinate sinner, who was condemned to die for his notorious wickedness. This man "c.u.m in eadem d.a.m.natione esset, necdum tamen timebat Deum,"(461) but the very day before he was to die went singing and whistling up and down the prison, and jesting now with this man and then with another, which thing being observed by Mr. John Winter, the young man, pitying much the lamentable state of soul of that poor heretic, began to admonish him that such neglect of his future account could not proceed but from a great blindness of soul and obduration of heart, affirming, withal, that in the Catholic religion he had been taught a much different manner of proceeding, especially at such a time. The careless heretic answered him he saw no cause to be sad, for he should be with the Lord before the next day at that time. Mr. Winter replied that he could not be sure of that, and that it depended much upon his care and penance and preparation in the mean time. The heretic replied he need not to take care for that which Christ had taken care for sufficiently. By which answer and manner of proceeding of this poor man,(462) one may plainly see the spiritual blindness(463) and desperate danger which heresy hath brought souls unto in this country, this being not only an opinion which some of them do hold, but an absolute point of their faith to believe, that they(464) shall certainly be saved, and that so soon as they are dead (because they believe no Purgatory). Yea, this is with them not only a point of faith, but their very justifying faith, by which, they say, they must be saved without necessity of good works. Wherefore no marvel, though this poor fellow did out of that ground build his secure and careless proceedings, laying all upon Christ His back, wherein they pretend that they attribute much to the Pa.s.sion of Christ, and that we dishonour the same by requiring the necessary concurrence of our own cooperation.

Mr. Winter, finding the heretic obstinate, and yet seeing and pitying his lamentable estate, told him he was far wide, "but," saith he, "if you will talk with the Father that must die with you to-morrow, he will make it plain unto you that you are in error, and will show you the right way how to save your soul." The man answered he cared not with whom he talked, for he knew no man could prove him to be in error. Mr. Winter called the Father, who was retired to his prayers, and hearing of this opportunity of doing good, came gladly, took the man aside, and began to catechise the man with such judgment, learning, and spirit, that he first led him out of the labyrinth of his errors, then taught him what was necessary for him to believe and know expressly, and in all the rest to(465) submit his judgment to the Catholic Church, which he proved unto him invincibly could not err nor lead into error. Then taught him how to prepare himself to become a member of that Church, and having instructed him how to examine his conscience carefully, sent him away to do it by himself, and promised that night to hear his confession. The man returned from the Father greatly satisfied and contented, and forthwith applied himself to his business, left all his companions, and got himself into a corner, there to recount his years so carelessly spent, and so little thought of before that time. His companions, wondering at this sudden alteration, came to invite him to be merry and drink with them, as he had before, but he sent them away with this answer, that he had serious business to think of. That night the good Father kept his promise, and reduced this stray sheep into the flock of Christ, supplying with his prudence and skill that which, in so short a time and so raw a scholar, was likely to be(466) imperfect in the preparation of his penitent. Yea, he made good proof in this one patient how great dexterity and skill he had in the curing of diseased souls. For, with the effectual a.s.sistance of G.o.d's grace, he wrought this man's mind, not only to a constant belief of the Catholic faith, but to a fervent profession also of the same, and a public demonstration of a perfect conversion. For the next morning, when the Father was laid upon the hurdle and drawn to the place of execution, according to the use and the form of sentence which was p.r.o.nounced, this neophyte, being led in company of other prisoners in a foot-path hard by the horse-way, when he saw his Father come by lying upon the hurdle, he suddenly slipped from the rest of the company and stepped into the horse-way and followed the hurdle directly, though the way were foul and no footman went in it but himself.

The keepers and the rest of the prisoners called upon him, and asked him why he did so. He answered, he would follow his Father to his death, whom he hoped to follow after death to a better place. "Why," said they, "art thou become a Papist?" "I am a Catholic," said he, "I thank G.o.d and this good Father, and so I mean to die." They replied that he was a notorious thief, and known to have committed many mischiefs. "It is true," said he, "I was so indeed when I was of your religion. I was then a Protestant and a thief, now I am a Catholic and penitent; and as heresy was the cause of my disorders then, so now the Catholic religion is the cause and means of my repentance." And in this mind and manner of proceeding he continued till his death, to the admiration of all who had known his former courses, which gave occasion to divers to see and acknowledge the great difference between those trees which brought forth such different fruits.

Father Ouldcorne, being come to the place appointed for their death, first with great fervour commended himself to Almighty G.o.d, to the Blessed Virgin, and to his patron, St. Jerome, to whom he was ever very much devoted. He then declared unto the people that he came thither to die for the Catholic faith and for the practice of his function, seeing that they neither had nor could prove anything against him which, even by their own laws, was sufficient to condemn him, but that he was a Priest of the Society of Jesus, wherein he much rejoiced, and was ready and desirous to give his life for the profession of that faith which he had taught many years in that very country, and which it was necessary for every one to embrace that would save their souls. Then, being asked again about the treason and taking part with the conspirators, he protested there again that he never had the least knowledge of the treason, and took it upon his death that he was as clear as the new-born child from the whole Plot or any part thereof. Then, commending his soul with great devotion, humility, and confidence into the hands of G.o.d and to the Blessed Virgin, St.

Jerome, St. Winifred, and his good Angel, he was turned off the ladder, and hanging awhile, was cut down and quartered, and so his innocent and thrice happy soul went to receive the reward of his many and great labours.