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, [pg 192] 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 [pg 193] 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 [pg 194] 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 [pg 195] 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, [pg 196] “Eadem enim mensura, quâ mensi fuerint, remetietur eis.”[392]
The Attorney his Speech.
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 [pg 197] 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.
Father Gerard false accused and fully cleared.
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, [pg 198] 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 [pg 199] 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 [pg 200] 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 [pg 201] 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 [pg 202] 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, [pg 203]
The speech of the prisoners at the bar.
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 [pg 205] 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 1,500l. 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 [pg 206] 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 [pg 207] 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 [pg 208] 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 [pg 209] 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 [pg 210] 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 100l., and desired me, as I was a Catholic, to give unto his wife and his brother's wife 80l., and take 20l. myself. I took out by guess some 22l., 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 28l., 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 100l. 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 [pg 211] 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 [pg 212] 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 [pg 213] 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 [pg 214] 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 [pg 215] 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 [pg 216] 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.
Sir Everard Digby his death.
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 [pg 217] 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 [pg 218] 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.
Mr Robert Winter his death.
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 [pg 219] 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 [pg 220] 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.”
Mr. Thomas Winter his death.
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 [pg 221] 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]
Mr. Rookwood his death.
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 [pg 222] 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, [pg 223] 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.