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 [pg 062] 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 20l. 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, [pg 063] 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, [pg 064] 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 [pg 065] 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 [pg 066] 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 [pg 067] 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, [pg 068] 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 [pg 069] 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.