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 principal 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, entitled _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 God 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 God 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 principal

actors, yea, and authors of the whole Plot. And to this end they did name

those three as principal, 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 principal

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 principal 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 brass

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 principals 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 God 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, quâ 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 Coke, 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 God 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 tittle 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 circumstances) 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, entitled _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 Mass 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 assented 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 Mass 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 damned 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 pass 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 participation 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 circumstances

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 noble

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 God, (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 God 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 assist 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 assistance 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 God 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 petitions

unto the King and Council, that whereas his fault against the State had

passed 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 principal 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 God’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 passed 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 God 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 circumstances 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.

And see the providence of God. That Sir Everard Digby, knowing nothing at

all of this Father’s demand of trial by his testimony, yet hearing him so

wrongfully accused in the process against them, he did of his own accord

there publicly protest his knowledge of the Father’s innocency, yea, and

of his inclination also against such practices, which was more than the

Father desired in his letters should be demanded. Now, because these

trials were not made which Father Gerard so earnestly requested, he

therefore, before his going out of England, did publish these letters to

some of his friends, that the world might see how clear he was, and what

equal and full trial he offered to show his innocency.

Now, whereas it was reported that Bates had accused Father Gerard, and

that, upon his accusation Father Gerard was put in the proclamation with

the others, that is also apparently disproved by Bates his own letter,

written a day or two before his arraignment, and sent unto a Priest his

last ghostly Father, who did help him with the Sacraments after his

examinations and some weakness showed in them, as may appear also by his

letter, whereof the original is kept under his own hand, and may be seen

to be the same handwriting which is annexed unto his examinations

themselves. The true copy is this:

“Sir, I humbly thank you for your great comfort and pains taken

for me. I praise God I find myself more stronger to resist, and do

hope shall more and more. Sir, when I was at Hobadge House, where

my master was slain, that morning at my going away from him, by

reason of the misfortune that fell amongst us by powder, Mr.

Christopher Wright flung me out of a window an 100_l._, and

desired me, as I was a Catholic, to give unto his wife and his

brother’s wife 80_l._, and take 20_l._ myself. I took out by guess

some 22_l._, as I think, and left it with a friend of mine, and

desired him, if I did miscarry in this action, he should bestow it

amongst my children. Now, I would entreat you to give my fellow

George instructions what to do in it. I refer it to you. Mr.

Wright had of me at times, in money and kine, as much as came to

some 28_l._, but my master told me he would pay me, but he did

not. Now whether my wife may take that money out of that I refer

to you. Also, further, I have dealt with my keeper to deal with

the Clerk of the Council for my pardon, and have promised an

100_l._ if it may be had, which I made account that money should

have served that turn; but I am out of all hope for that, unless

it be God’s will to deliver me. This morning I was sent for down,

and there was a fellow ready with a new suit of fustian, and my

keeper made me to essay it, and neither said it was for me nor

anything, but I know it was provided for me. The meaning I know

not. And before that my Lord of Salisbury asked me what I wanted,

and caused the keeper to buy me a new gown, and bade him use me

extraordinary well. All this makes me full of doubts, for I fear

it is but to serve their own turns of me and then to hang me. Is

it not best for me, if the clothes be offered me, to refuse them?

I pray you resolve me in that, for I have a purpose to tell the

keeper, ‘I have clothes good enough to serve me as long as I live,

I fear, and therefore will none.’ I beseech you to send me word

what your opinion is in these things being offered me. At my last

being before them I told them I thought Mr. Greenway knew of this

business, but I did not charge the others with it, but that I saw

them all together with my master at my Lord Vaux’s, and that after

I saw Mr. Walley and Mr. Greenway at Coughton, and it is true. For

I was sent thither with a letter, and Mr. Greenway rode with me to

Mr. Winter’s to my master, and from thence he rode to Mr.

Abington’s. This I told them and no more. For which I am heartily

sorry for, and I trust God will forgive me, for I did it not out

of malice but in hope to gain my life by it, which I think now did

me no good. Thus desiring your daily prayers I commit you to God.”

This is the true copy of his letter, by which it appears that a man so

weak and so ignorant, as here he showeth himself to be, might easily be

wrought upon, especially by those means that here he expresseth were used

to him; and that such an one to save his life would strain his conscience

far, as indeed he did when he saith that he saw those three at my Lord

Vaux’s; for in truth he did not, nor saw Father Gerard of a year or two

before; but if he had seen him in that place at that time, yet that had

been no accusation of this treason (as is sufficiently proved in the

—(398) chapter where the same matter is handled); and as himself directly

saith in this letter, that he did not accuse him at all, nor Father

Walley, nor the other neither of knowledge; but only that he thought he

knew of the business: whereby it appears that it is not true, which was

afterwards affirmed in Father Garnett’s arraignment that Bates had told

Mr. Greenway of the matter in confession. And this Bates being the only

one of the conspirators of whom it was reported that he had accused Father

Gerard, which here in plain words you see himself doth say he did not, it

remains apparent that never any did accuse him. And this letter under

Bates his own hand being haply brought to Father Gerard a little before

his departure out of England,(399) he did annex the true copy of the same

unto the letters before mentioned, which he had sent unto the Council, and

sent them unto a friend to be published by him after his departure; and of

them all there be divers copies taken, of which myself have one, in which

there is this clause amongst others for his clearing, which methinks doth

offer enough, if reason may be accepted and the promise there alleged

performed. After he had offered and humbly desired of the Council two

sufficient kinds of trial of his cause before specified, seeing that

neither of them were performed, in his letter wherewith he published those

offers made, he citeth a sentence out of my Lord of Salisbury his book

then newly come forth, wherein the Earl declared his mind to be no ways

bent to seek the blood of any but such as had themselves laboured to seek

the blood of others, saying that he only desired, “Necis artifices arte

perire suâ.”(400) This sentence (worthy indeed the pen and practice of a

Councillor in so eminent authority(401)) Father Gerard desired should be

made the rule or square whereby the line of his accusation might be

straitened; and offered that if it could be duly proved, that ever, either

in this most unnatural treason or in any other action, he had wrought or

sought the death of any man, let him then be punished with as cruel a

death as wit of man could devise, and find no eye nor heart to pity him.

This was his offer, and then he addeth further: “But if,” saith he,

“neither this can be proved nor any proofs of my innocency (whereof there

be divers produced for me and none against me) may be in my case admitted,

but that I must remain, &c., yet I would not the world should think it

doth or can bereave me of that quiet and contentment of mind, which I have

in the confident expectation of God’s protection and favour;” and so he

goeth forward, laying down sufficient reasons for both to the full

satisfaction of the reader, both of his innocency touching this accusation

and of his willing acceptance of God’s blessed will and disposition.

Now to return unto Sir Everard Digby. After he had ended his speech with

the foresaid protestation,(402) that he thought assuredly all the Fathers

were innocent of this treason, and that he knew for certain that Father

Gerard had not so much as any knowledge at all thereof, then the Earl of

Northampton made a speech, which he chiefly directed to Sir Everard Digby

in answer of that point, especially where Sir Everard urged the King’s

promise for toleration. And, first, the Earl said that, if he could lament

any man upon earth in that case, he could pity him in respect of his worth

many ways, and the good opinion he had formerly conceived of him. He

witnessed also that Queen Elizabeth esteemed him much, and, to his own

knowledge, had spoken of Sir Everard with great grace. Then, after a

sufficient discourse, proving by sound reasons the foulness of this

treason, his Lordship came to that promise of the King, which there he

utterly denied, and proved it by Watson his confession before his death,

who had been a chief man to divulge the same before. And that Watson

affirmed likewise, he had given out such hopes before contrary to his

knowledge, only to move Catholics to a willing acceptance of the King. All

which, though we admit as true, being affirmed by the Earl as spoken to

himself, yet Catholics are not thereby persuaded that Watson received no

such hopes from His Majesty when he kneeled before him in Scotland. For

they think it much more likely that Watson, being in this peril of death

and in the power of the Council, would misreport his former persuasion of

mind and the cause thereof, thereby to please the more, and by pleasing to

obtain favour, which divers of his other words at that time, related also

in this speech, did plainly show he did both desire and hope for. Whereas,

when he returned out of Scotland he had no such cause to dissemble, and to

relate such assured promises to so many Catholics, as it is known he did,

if himself had been out of hope thereof; yea, and that he did not therein

dissemble his sequent actions did apparently prove. For he was the first

man that laboured to persuade Catholics to take arms against His Majesty,

as hath been declared before (though, thanks be to God, he could prevail

but with a very few therein), which, happening within the first year, it

appears he ran that contrary course so soon as he had the contrary

opinion; which, if he had brought with him out of Scotland (as he affirmed

to the Earl of Northampton in the time of his imprisonment), then had it

been more easy for him to have persuaded Catholics there was no hope to be

had, and so to have kept him out, than after he had assured them the

contrary, and the King was settled in his throne, then to persuade them

thereunto, which then was much more difficult and unlikely. And,

therefore, nothing likely he would first have been so forward to plant

that tree, which so soon after himself did first endeavour to cut down,

and that with hazard and loss of his life, unless he had first expected

other fruit than afterwards he found. But Watson’s reports were not the

greatest grounds that Catholics did build their hopes upon. Divers men,

his betters much, did affirm the same, whose words were more esteemed than

either Watson’s or Percy’s in that cause. It was not the least part of

needful policy that such a conceit should run for current in the minds of

Catholics generally, and such hopes to be thought likely at that time by

whomsoever they were given out, which I will not here dispute; for that

persuasion, no doubt, did strengthen much the Catholics’ mind, which was

found so ready to receive their King with all peace and comfort. And I

make no question but if it pleased His Majesty to perform as much as then

was hoped, it would prove no less profitable in all respects unto the

stability of peace and happiness than pleasing to the receivers, in regard

of their ease and mitigation of their afflictions.

Unto the speech of Sir Everard Digby the Earl of Salisbury did likewise

answer in defence of the King’s word, esteeming that Sir Everard did seem

to tax His Majesty with breach of promise, which many think was not the

intention of the prisoner, but only to show that, such general hopes being

conceived upon some likely ground as they presumed, and now seeing all

hopes to fail, they were the more easily induced to run this other course

for the redress of their own miseries. And so, against the likelihood of

these hopes, the Earl’s speech did prove fully that the King had always

professed the contrary religion most earnestly, and that His Majesty was

so far from giving hope of toleration that he would not endure the least

motion thereof to be proposed. And yet the Earl in the same speech

declared how His Majesty had dealt favourably with divers principal

Catholic gentlemen who were sent for to the Court in the time of Watson

his treason before mentioned; at which time finding them free from having

their hands in any treason (said the Earl) they were dismissed with

encouragement to persist in their dutiful carriage, and that the payments

for not going to Church should be forgiven them in respect of their so

much loyalty showed at the King’s entry, and for that they had afterwards

kept themselves so free.(403) In this speech the Earl of Salisbury did

show great zeal to defend His Majesty from the least touch of breach of

his promise, and therein to disprove that which he thought would be

conceived of Sir Everard Digby’s words. And though otherwise he

acknowledged Sir Everard to be his alliance by marriage, yet it is thought

that in regard chiefly of this his speech, he had not his petition granted

of being beheaded, but was with all the rest adjudged presently to be

hanged, drawn, and quartered, according to the ordinary form of judgment

in case of high treason. So then, having received the sentence of death,

they were all returned to their prisons until Thursday and Friday

following, which were the days of their execution; only Mr. John Winter

(being the youngest of the three brothers) was not then put to death, but

carried after into the country and suffered at Worcester, as shall

afterward be declared.

(M16) On Thursday, therefore, being the 30th of January, four of the eight

were drawn upon sledges and hurdles from the Tower to St. Paul’s

Churchyard, where they were to suffer, _vidlt._, Sir Everard Digby, Mr.

Robert Winter, Mr. John Graunt, and —— Bates. And being arrived there,

first Sir Everard Digby was taken off the hurdle and led up to the

scaffold, of whom the pamphlet before alleged set forth of their judgment

and death as much to disgrace them as might be, yet hath these words,

“First went up Digby, a man of a goodly personage and a manly aspect. He

enforced himself to speak as stoutly as he could; his speech was not long

and to little good purpose, only that his belied conscience (being but

indeed a blinded conceit) had led him into this offence, which, in respect

of his religion (_alias_ indeed idolatry), he held no offence, but, in

respect of the law, he held an offence, for which he asked forgiveness;

and so, with vain and superstitious crossing of himself, betook him to his

Latin prayers, mumbling to himself, refusing to have any prayers of any

but of the Romish Catholics, went up the ladder.” Thus he. By which

relation, though set down with much ill-will against him and his religion,

yet it is easy to see thereby what state of mind he died in. The truth is

he gave great satisfaction to all the standers-by.(404) When he was first

brought up to the scaffold, after he had commended himself to God, being

wished, as the custom is, to acknowledge his treason for which he died, he

did accordingly acknowledge the fact intended according to his judgment,

but withal he declared that his motives were no evil will to any, nor any

love to himself for worldly respects, but the ending of persecution of

Catholics, the good of souls, and the cause of religion. In which regard

he could not condemn himself of any offence to God, though he granted he

had offended the laws of the realm, for which he asked their pardon, and

was willing to suffer death, and thought nothing too much to suffer for

those respects which had moved him to that enterprise. The preachers

standing by, as the fashion is, did move him to pray with them. He

absolutely refused, and desired the assistance and prayers of all good

Catholics, himself fell to his prayers with such devotion as much moved

all the beholders. And when he had done, he stood up and saluted all the

noblemen and gentlemen that stood upon the scaffold, every one according

to his estate, to the noblemen with a lower _congé_, to others with more

show of equality, but to all in so friendly and so cheerful a manner, as

they afterwards said, he seemed so free from fear of death as that he

showed no feeling at all of any passion therein, but took his leave of

them as he was wont to do when he went from the Court or out of the city

to his own house in the country; yet withal he showed so great devotion of

mind, so much fervour and humility in his prayers, and so great confidence

in God, as that very many said(405) they made no doubt but his soul was

happy, and wished themselves might die in the like state of mind. He was

no sooner turned off the ladder but very speedily cut down, and that with

such haste as that he fell upon his face, and so somewhat bruised his

forehead, yet, though he could not be dead, he made no resistance at the

block whilst he was in quartering; and after his bowels and heart were

cast into the fire, and his head cut off, the hangman holding it up as is

usual to do, it was noted that there was no alteration at all in his

countenance, but had the same man-like and comely aspect he had before his

death.

(M17) After him went up Mr. Robert Winter, of whom the foresaid pamphlet

hath this, “After him went Winter up to the scaffold, where he used few

words to any good effect; without asking mercy either of God or the King

for his offence, went up the ladder, and making a few prayers to himself,

staid not long for his execution.” By which words it may appear that Mr.

Winter died much in the like mind and manner as the other gentleman before

him. He was esteemed in his life to be one of the wisest and most resolute

and sufficient gentlemen in Worcestershire, where he dwelt, as formerly

hath been declared.

After him went up Mr. Graunt, who showed extraordinary zeal, as it may

appear by the foresaid book, which saith “that he, being abominably

blinded with his idolatry, though he confessed his offence to be heinous,

yet would fain have excused it by his conscience and religion. He having

used a few idle words to ill effect, was, as his fellows before him, led

the way to the halter, and so, after his crossing of himself, to the last

part of his tragedy.” Whereby it appears he alleged the same reasons and

died with the same resolution the former had done.

Last of them was Bates, of whom the book saith “that he seemed sorry for

his offence, and asked forgiveness of God and the King and of the whole

kingdom, prayed to God for the preservation of them all; and, as he said,

only for his love to his master (Mr. Robert Catesby) drawn to forget his

duty to God, his King, and country.” These words which Bates spake at his

death, and the mind he showed, declare sufficiently what hath been said of

him before; and his motives being but human respects (as here he

acknowledgeth), no marvel though he had showed less store of grace and

assistance thereof both before and at his death. But seeing he showed to

die penitent for his fact, it is to be hoped he found mercy at God’s

hands. Thus ended the execution of this day. And many of the beholders

returned full of pity and compassion towards so worthy-minded men as the

first three were, especially Sir Everard Digby, whose fortitude of mind

they did so much admire, and had so great opinion of his devotion that for

all that day and some time after they could talk almost of nothing else.

The next day, being Friday, were drawn from the Tower to the Old Palace in

Westminster over against the Parliament House, Mr. Thomas Winter, the

second brother of the Winters, Mr. Ambrose Rookwood, Mr. Robert Keyes, and

Mr. Guy Faulks. By the way, as they were drawn upon the Strand, Mr.

Rookwood had provided that he should be admonished when he came over

against the lodging where his wife lay; and being come unto the place, he

opened his eyes (which before he kept shut to attend better to his

prayers), and seeing her stand in a window to see him pass by, he raised

himself as well as he could up from the hurdle, and said aloud unto her:

“Pray for me, pray for me.” She answered him also aloud: “I will; and be

of good courage and offer thyself wholly to God. I, for my part, do as

freely restore thee to God as He gave thee unto me.”

(M18) Being all come to the place of execution, first Mr. Thomas Winter

was led to the scaffold, as the principal in the business, who was from

the first acquainted therewith, and a chief actor therein. Of him the book

saith that “he seemed after a sort as it were sorry for his offence, and

yet crossed himself,” saith he, “as though those were sufficient wards

against the devil; that he protested to die a true Catholic, and so went

up the ladder.” Truth is, Mr. Thomas Winter spake not much at his

execution, seeming more willing to prepare himself for death; whereat some

of the standers-by marvelling, who knew him to be a wise and well-spoken

man, seemed desirous to have him speak at large. But he answered he had

spoken at large unto the Council concerning all their intentions and the

causes that moved them to that enterprise, and he hoped he had given

satisfaction in the whole; that this was no time to discourse; he was come

to die, wherein he desired the prayers and assistance of all good

Catholics. Only this he said in particular, that whereas divers of the

Fathers of the Society were accused of counselling and furthering them in

this treason, he could clear them all, and particularly Father Tesimond,

from all fault and participation therein. And indeed Mr. Thomas Winter

might best clear that good Father, with whom he was best acquainted, and

knew very well how far he was from counselling or plotting that business.

For himself, having first told the Father of it (as I have heard), long

after the thing was ready, and that in such secret as he might not utter

it, but with his leave, unto his Superior only, the Father, both then and

after, did so earnestly persuade him, and by him the rest, to leave off

that course (as his duty was), that Mr. Winter might well find himself

bound in conscience to clear this Father from his wrongful accusation of

being a counseller and furtherer of the Plot.(406)

(M19) Next him came Mr. Rookwood, who made a speech of some longer time,

acknowledged and asked forgiveness for his offence to His Majesty and the

State. He prayed earnestly for the King and Queen and all their children,

and wished them long life and a happy reign, and last of all (which, the

foresaid book saith, was to mar all the pottage with one filthy weed) he

prayed God to make the King a Catholic. And so, desiring favour for his

wife and children, protesting, saith the book, to die in his idolatry, a

Romish Catholic, he went up the ladder, and hanging until he was almost

dead, was drawn to the block, where he gave his last gasp. The devotion

and resolute mind of this gentleman was very well known to many, and he

was very much pitied, as he had been much beloved.

After him came Mr. Keyes, of whom the book saith thus: “That he, like a

desperate villain, used little speech, showed small or no sign of

repentance, went up the ladder stoutly, where, not staying the hangman’s

turn, turned himself off, and with the swing broke the halter, but after

his fall was quickly drawn to the block and there divided into four

parts.” But he did not, as here it is said, leap down of himself, but when

he thought himself ready he showed his ready mind to go off the ladder

without force, lest the hangman should take him on a sudden, when his mind

was not actually upon it, and so be cause of some little reluctation.

Last of all Mr. Faulks was led to the scaffold, of whom the book hath

this: “That his body being weak with torture and sickness he was scarce

able to go up the ladder; also that he made no long speech, but after a

sort seeming to be sorry for his offence, asked a kind of forgiveness of

the King and the State for his bloody intent, and, with his crosses and

idle ceremonies, made his end upon the gallows and the block.” Thus saith

the author of that pamphlet, and where he said that Mr. Faulks seemed to

be sorry after a sort, and asked a kind of forgiveness, he maketh it

apparent that he did as his fellows had done, acknowledge their intended

action to be displeasing to the King and State, whose favour they desired,

and therefore in that respect asked them forgiveness; but that they did

not hold it for an offence to God in respect of their intention to please

Him and serve Him in the whole, as thinking when they began the action and

professing when they ended their life that there was no other likely means

to restore religion in England. And would to God herein they had been as

well advised as they were absolute to believe and follow their own advice.

Then had they neither hurt themselves nor others by this rash and heady

enterprise, most unfit for subjects to undertake against their Prince and

country, especially all attempts being so forbidden by His Holiness as

they were, and so often and earnestly dissuaded by the Fathers of the

Society, as hath been declared. And yet it is strange to see how

impudently that heretical pamphlet which I have cited before so often of

their arraignment and death (set forth by one T.W., I know not who), doth

rail first at the Pope himself and then against all Jesuits and Priests,

as against the authors and plotters of this business. For he saith: “Thus

I have ended my discourse of the arraignment and execution of these eight

traitors.” Then a little after he prosecuteth in this manner: “Was there

ever seen such a hellish Plot since the betraying of the Lord of Heaven?

If the Pope were not a very devil, and these Jesuits, or rather Jebusites

and satanical seminaries, very spirits of wickedness, that whisper in the

ears of Evahs to bring a world of Adams to destruction, how could nature

be senseless or reason so graceless,” &c. So he proceedeth, inveighing

against His Holiness and religion, and all that he imagined did favour or

further the same religion in any great measure.

But silence is the best answer to such witless and wilful assertions,

uttered against the truth so many ways manifestly proved. But this fellow,

and such as he is, will rather “impugnare agnitam veritatem”(407) than

omit any opportunity to revile against the Pope and those that most do

stand for his authority; which is no news for poor Catholics in England to

hear of daily to their grief, long before this act was commenced or

thought of by these few laymen, who had not the counsel or help of any one

Priest amongst them. Yea, for these many years the most part of their

sermons is in this relative kind, devising names of reproach against His

Holiness, so far forth that many youths, when they are first brought to be

Catholics, will hardly be brought to think that he is a natural man, and

not some devil or monster, as they have heard him often described. And

this custom of the heretics is so common, and yet so grievous for zealous

Catholics to endure, that it is rather to be pitied than marvelled that

these few gentlemen, being men of great spirit, did want patience to

endure any longer when they saw all other hopes of help to fail them. We

hope all others will be warned hereafter, and temper their zeal by the

counsel of their guides, which, if these had done, according to the

earnest wishes and serious labours of Father Garnett, then had not he

sustained so many troubles (as I am now to declare) for their trespass,

which he by all lawful means sought to hinder.

The Condition of Catholics Under James I. Father Gerard's Narrative of the Gunpowder Plot · 第 10 / 16 章