[30] The original letter is framed and exhibited upon a pedestal in the Museum of the Public Record Office. The facsimile has, therefore, had to be made from a negative taken of the letter as seen through glass, while the other facsimiles have the advantage of being made from negatives taken of documents unglazed.
IV
THE ATTORNEY-GENERAL'S OPINION OF VAVASOUR'S GUILT
The Attorney-General in his speech for the prosecution at Father Garnet's trial (March 28, 1606), as given in the official report, alluding to Tresham's dying statement, said: "Upon his death-bed he commanded Vavasour his man, whom I think deeply guilty in this treason, to write a letter to the Earl of Salisbury."
Henry Garnet's trial was purposely held at the City Guildhall, instead of Westminster Hall, the usual trial place where the conspirators had been tried, in order to make the occasion as imposing, and his case as exemplary, as possible, on account of his position as Superior of the Jesuits in England.[31] The King was privately present, and there was a most distinguished assembly of ambassadors, nobility, and others.
Before this audience, the Attorney-General, whose opinion determines or considerably influences a prosecution for high treason, states in Court that a person who is not even present nor arraigned is in his opinion "deeply guilty" in the most infamous treason ever attempted, and for which the conspirators had already been executed: so "heinous, horrible and damnable"[32] was it considered, that the authorities had even proposed to devise some specially severe form of torture for the perpetrators to undergo, in addition to the usual terrible penalty for high treason.[33]
Coke, who it will be remembered was the most eminent counsel and the greatest jurist of the time, however desirous he would be of bringing to light everything connected with such a treason upon the occasion, would scarcely, as legally representing the Crown in his capacity of the King's Attorney-General, express so extremely damaging an opinion without sufficient reason. There is something in his mind concerning Vavasour,[34] respecting whom he is not satisfied; and it can only be Vavasour's having written, not the letter to Salisbury—as that could not possibly implicate him, nor render him "deeply guilty" in a treason which had been discovered and ended six weeks before the letter to Salisbury was written—but that other and most treasonable letter to Monteagle, for there was nothing else against him in the matter.[35] Coke evidently knows, or suspects, that Vavasour wrote the warning letter; and he cannot understand why he is not brought to trial.[36] He therefore expresses his opinion of Vavasour's guilt as strongly as possible, and even describes him with what for an Attorney-General in ordinary circumstances would be a singular redundancy of legal expression, as being "deeply guilty" in the treason.[37] No one would know better than the Attorney-General that in high treason itself the law makes no distinction whatever of degrees of guilt, nor can there even be an accessory: once participant, whatever the part played may be, all alike are principals.
Coke's statement in Court has been officially in print for over three hundred years, yet no investigator seems to have noticed it and so have been led to inquire what was done to Vavasour?—by which alone a clue might have been obtained to the writer of the letter.[38] Although Vavasour was publicly stated by the Attorney-General to be "deeply guilty" in a treason of which Salisbury wrote: "I shall esteem my life unworthily given me when I shall be found slack in searching to the bottom of the dregs of this foul poison, or lack resolution to further to my small power the prosecution and execution of ALL those whose hearts and hands can appear foul in this savage practise"[39]—yet he was not even brought to trial, while other serving-men were tried and executed.[40]
It is questionable whether Salisbury, unless agreeing with Coke's opinion of Vavasour's guilt, would have allowed the allusion to appear in the official report of the trial, prepared by himself and sanctioned by the King;[41] as, if innocent of the treason, an intolerable injustice would have been done to Vavasour by the publication, which probably neither the King nor Salisbury would have permitted, in making a senseless attack upon the reputation of an innocent man, who would certainly have protested.