Chapter IV. How After They Had Begun Their Enterprise, They Fell Into Some

Scruple, And Went About To Satisfy Their Conscience By Asking Questions

Afar Off, Of Learned Men, Without Opening The Case.

It appeareth by the confession which Mr. Thomas Winter made unto the Lords

of the Council, being published in print by order from the said Council,

that these gentlemen having concluded upon this course of violent remedy

(because they resolved to undertake it as their last refuge and remedy of

all the evils they sought to prevent), Mr. Catesby, who first proposed

this fatal blow to be given to the Parliament House, did also first

propose unto them the last trial which he thought likely to prevail for

redress of those evils by quiet means; and to use his own words, there

related by Mr. Winter, “First (said he to Mr. Thomas Winter) because we

will leave no peaceable and quiet way untried, you shall go over and

inform the Constable (who was then upon his coming in) of the state of the

Catholics here in England, entreating him to solicit His Majesty at his

coming hither, that the Penal Laws may be recalled, and we admitted into

the rank of his other subjects.” Mr. Winter went over and delivered his

message unto the Constable as in the name of all the Catholics of England,

whose answer was, that he had strict command from His Majesty of Spain to

do all good offices for the Catholics; and for his own part, he thought

himself bound in conscience so to do, and that no good occasion should be

omitted. Thus much the Constable promised at that time, and no doubt

performed it both wisely and charitably in what he could. But it is an

easy matter to satisfy with hopes of future favours, when he that receives

the promises shall not be present to see the performance.

So soon as the peace was concluded, and the Constable [of Spain] departed,

the stream of persecution began to run more violently than before.

Searches were more frequent, the seizure of goods more ordinary and

violent, the payment of 20_l._ a month with the arrearages also were

enacted, and (which terrified most) the Puritans, who were the chief men

selected and summoned for the Parliament, were so full of their

designments against Catholics, that they could not choose but [cast out

great threats](295) against them in every place where they came; some

affirming they would now set up their rest and have their will of

Catholics; some that they would leave no Catholics in England after a

while; others that they hoped to see them all hanged ere it were long.

Yea, I know a town myself whither some Puritans came to seize some goods

of Catholics long before the Parliament, where the party whose goods were

taken, complaining of the rigour in the manner of proceeding, the officers

answered, “They hoped to see all the Catholics’ throats cut shortly,

therefore this was nothing.” Things therefore standing in these terms with

Catholics, these gentlemen resolved to expect no further trials, but, as I

said, concluded upon their intended stratagem, bound each other by oath to

the highest degree of secrecy, and so it seems they went about their

business, never fearing any fault in the thing itself, nor fall that might

come to Catholics by their error; and thus it continued for a good space

with them.

They hired a house by the water side (as may appear in Mr. Winter’s

confession) where they might first land their powder when they had bought

it, and from whence they might easily transport it by boat also unto the

place appointed, which was a house close by the Parliament House, hired by

Mr. Thomas Percy, as a fit residence for himself near the Court, being

Pensioner, and to wait daily in his quarters. And Mr. Faulks went as his

man to keep the house. In this house, to prevent occasions of often going

out, because they would not seem to be many in the house, they bought

baked meats and made provision at once for a long time. They began to work

underground at such times as they could least be heard, and wrought the

mine until they came to the wall of the Parliament House, which finding to

be hard stone, they were long about a little progress, and were to be more

wary than before in respect of the noise. Whilst they were thus together,

and proceeding daily as they might, they had leisure, saith Mr. Winter, to

fashion all their business, and to discourse of all things that were to be

done in the matter, whereby it may seem their first resolution of the

thing itself was sudden, and such as young heads and forward minds do

often bring forth, without due consideration of circumstances and likely

events, which would not have been if they had asked counsel in the cause;

but rather, if the matter had been of that quality that it had been fit to

have proceeded in it (as this was most unfit of all others), then would

all the circumstance of importance have been foreseen beforehand, and all

likely events forecast, and according to them the resolution left off or

undertaken. But these gentlemen, as it seems then, with that leisure and

opportunity of being so much in private together, began to fashion their

business, after they had begun the enterprise. Then they began to think

how they should get into their hands the next heir, whom they might set up

and strengthen against the meaner sort of Puritans that would be left; so

that his authority being used in his nonage, the Catholic religion might

be erected, and he so brought up, as that he would at his full years be a

patron of the same. And Mr. Percy undertook that charge, being one that

might best be seen in the Court, in regard of his place. Then they

discoursed what foreign Princes they should acquaint with the business, in

respect of their help after against the heretics, if they did stand out

long. And they resolved to acquaint none; first, because they could not

oblige them by oath to secrecy, so as they might be sufficiently assured

thereof, which they esteemed the most necessary point of all others, and

the strength of the whole business; secondly, for that it seemed they were

doubtful the matter would be misliked by other Princes, as indeed they had

cause to think it, not likely only, but certain; and so no doubt they

would have found it, if it had been imparted to any, especially if the

least notice had come unto His Holiness, who had ever showed a special

care of our King, and had great hope that in time he would do well both

for himself and his country. Then also they began to think what Lords they

should save out of the Parliament. And first they resolved they would save

as many as they could. Then they descended more into particulars, to

consider whom they might draw out of the danger, without danger of

discovering unto them the cause why, or so that they might have the least

suspicion of the matter intended.

And here, belike, finding it would be very hard to save so many as they

desired, and yet withal to save the secrecy of their enterprise (in which

consisted the safety of themselves and of the cause), here it is very

likely they began to have that scruple in which afterwards they sought to

satisfy their conscience, but not in right and plain matter as they

should, by explaining the case of which they demanded, but afar off, as a

thing by chance coming into their mind, and concerning rather a point of

warlike affairs in general, than any particular intention of theirs at

that time to be put in practice. For whilst they were in the middle of

their discourses (saith Mr. Winter), understanding that the Parliament

should be anew adjourned, they left off their work for that time, and went

to keep Christmas in several places, which was always their custom, to

avoid suspicion. Then the chiefest of them took the present commodity

offered by meeting with learned Priests that holy time, and meant to

inform themselves of such doubts as were risen concerning the lawfulness

of the business they had in hand. And, having a great opinion both of the

learning and virtue of the Fathers of the Society, Mr. Catesby desired to

get, by cunning means, the judgment of their Superior, so as he should

never perceive to what end the question were asked. Therefore coming to

Father Garnett, after much ordinary talk, and some time passed over after

his arrival, one time he took occasion (upon some speech proposed about

the wars in the Low Countries or such like) to ask how far it might be

lawful for the party that hath the just quarrel to proceed in sacking or

destroying a town of the enemy’s or fortress when it is holden against

them by strong hands. The Father answered that in a just war it was lawful

for those that had right to wage battle against the enemies of their

commonwealth, to authorize their captains or soldiers, as their officers,

to annoy or destroy any town that is unjustly holden against them, and

that such is the common doctrine of all Divines: in respect that every

commonwealth must by the Law of Nature be sufficient for itself, and

therefore as well able to repel injuries as to provide necessaries; and

that, as a private person may _vim vi repellere_, so may the commonwealth

do the like with so much more right as the whole is of more importance

than a part; which, if it were not true, it should follow that Nature had

provided better for beasts than for men, furnishing them with natural

weapons as well to offend as to defend themselves, which we see also they

have a natural instinct to use, when the offence of the invader is

necessary for their own defence. And therefore that it is not fit to think

that God, Who by natural reason, doth provide in a more universal and more

noble manner for men than by natural instinct for beasts, hath left any

particular person, and much less a commonwealth, without sufficient means

to defend and conserve itself; and therefore not without power to provide

and use likely means to repel present injuries, and to repress known and

hurtful enemies. And that, in all these, the head of the commonwealth may

judge what is expedient and needful for the body thereof. Unto which Mr.

Catesby answering that all this seemed to be plain in common reason, and

the same also practised by all well-governed commonwealths that ever have

been, were they never so pious or devout. But, said he, some put the

greatest difficulty in the sackage of towns and overthrowing or drowning

up of forts, which, in the Low Countries, and in all wars is endeavoured,

when the fort cannot otherwise be surprised, and the same of great

importance to be taken. How then those who have right to make the war may

justify that destruction of the town or fort, wherein there be many

innocents and young children, and some perhaps unchristened, which must

needs perish withal? Unto this the Father answered, that indeed therein

was the greatest difficulty; and that it was a thing could never be lawful

in itself, to kill an innocent, for that the reason ceaseth in them for

which the pain of death may be inflicted by authority, seeing the cause

why a malefactor and enemy to the commonwealth may be put to death is in

respect of the common good, which is to be preferred before his private

(for otherwise, considering the thing only in itself, it were not lawful

to put any man to death); and so because the malefactor doth _in re gravi_

hinder the common good, therefore by the authority of the magistrate that

impediment may be removed. But now, as for the innocent and good, their

life is a help and furtherance to the common good, and therefore in no

sort it can be lawful to kill or destroy an innocent. But, said Mr.

Catesby, that is done ordinarily in the destruction of these forts I spake

of. It is true, said the Father, it is there permitted, because it cannot

be avoided; but is done as _per accidens_, and not as a thing intended by

or for itself, and so it is not unlawful. As if we were shot into the arm

with a poisoned bullet, so that we could not escape with life unless we

cut off our arm; then _per accidens_ we cut off our hand and fingers also

which were sound, and yet being, at that time of danger, inseparably

joined to the arm, lawful to be cut off, which it were not lawful

otherwise to do without mortal sin. And such was the case of the town of

Gabaa, and the other towns of the tribe of Benjamin, wherein many were

destroyed that had not offended. With which Mr. Catesby seeming fully

satisfied, brake presently into other talk, the Father at that time little

imagining whereat he aimed, though afterwards, when the matter was known,

he told some friends what had passed between by Mr. Catesby and him about

this matter, and that he little suspected then he would so have applied

the general doctrine of Divines to the practice of a private and so

perilous a case, without expressing all particulars, which course may give

occasion of great errors, as we see it did in this.

Now Mr. Catesby having found as much as he thought was needful for his

purpose, related the same unto the rest of the conspirators, and all were

animated in their proceedings without any further scruple for a long time,

but applied all by their own divinity unto their own case, persuading

themselves belike, that they had all the conditions of a lawful war with

the Puritans and Protestant parties. First, a just cause, in defence of

their goods, lives, and liberty, both of themselves and their brethren,

and especially for the delivery and safety of so many thousand souls

inthralled by sin and heresy; secondly, they thought they found in

themselves a right intention to suppress evil and erect and strengthen

that which was good and needful; thirdly, about authority to commence the

same, I suppose they had most difficulty, and do not see how they could

satisfy their own reason (much less the rules that are required in

schools) in that behalf, seeing they did know so well, and had been so

often told by the said Father Garnett and others of their spiritual

guides, that His Holiness had given strict charge there should be nothing

attempted against His Majesty [and the State], but that all Catholics

should seek in patience to possess their souls, and thereby, and not by

force, to plead for favour. I know not therefore from what ground they

could imagine themselves to have authority, although in a far less matter.

For it is not likely that they should think of the opinion of some that

hold “quod defensio manualis cum sit de Jure Naturali non potest auferri

per Superiorem vel contrarium præcipi.”(296) And besides, that is to be

understood _in ipso conflictu_, and not _longe ante_, as in this case of

the Parliament.

But it is an easy matter for an earnest desire to draw a man’s opinion

after it, and so their great and unadvised zeal to remedy the wrongs done

to Catholics both in soul and body, might perhaps make them think that

this opportunity of the Parliament being omitted, they should never again

have power or opportunity to defend the Catholic party. And that there was

not sufficient access to inform Superiors of the case of Catholics,

neither that their extremities were believed, and that if they were truly

known, they neither would nor could be tolerated when remedy might be

applied, in which they thought themselves as it were the officers and

hands of the commonwealth, in whose hands and power it was then to perform

it as they thought, but would not be so if they should ask counsel or

leave of others, because so great a secret could not be kept in the mouths

of many, and those not in like manner or measure affected to the business.

Thus we may see how oftentimes it happens that a greedy affection and

desire of the prey doth not let the bird consider or see the danger of the

net which hangeth between the prey and it. And so as it is in too earnest

pursuit of riches, that “qui volunt divites fieri incidunt in tentationem

et in laqueum diaboli,”(297) so in this case, their vehement desire of

their prefixed end, did make them oversee a number of inconveniences and

perils both of soul and body, that did hang upon this lamentable

enterprise, which they did afterwards find, and as I hope repented: and

others for their fault have felt more at leisure since this matter

happened.

But we that be innocent in the case, and were no ways accessary to the

cause giving, must not repine at God’s judgments, if He suffer us to be

beaten for the error by others committed: Et si in vincula conjiciamur

quasi mala operantes et ante reges et præsides ducamur quasi non

existentes amici Cæsaris,(298) yet we must be comforted in the testimony

of our own conscience, that we do hate all treason against our Prince as

much as those that punish us for traitors, and would no ways have joined

in this if we had known it, but our earnest endeavours against it should

have given sufficient testimony of a contrary mind in us, as may and will

appear in the chapter following was done by Father Garnett when he began

to fear they had something in hand, although he could never guess or

suspect so strange a practice as they were then in plotting or rather in

perfecting to be performed.

The Condition of Catholics Under James I. Father Gerard's Narrative of the Gunpowder Plot · 第 2 / 16 章