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.