The cause and manner of writing this letter was this. Mr. Thomas Winter had confessed that six gentlemen were acquainted with that Plot, but could say nothing of Father Garnett, that he did so much as know of it. Mr. Tresham acknowledged in his first examinations that himself was acquainted with it, vdlt., that money and men should have come from thence; and being found more fearful and easy to be wrought upon than the rest, he was urged to confess Garnett to be privy thereunto; to which he answered, “Perhaps he was.” On which words reflecting afterwards when he lay in extremity of sickness in the Tower, and prepared himself to die, he thought the Council would take advantage against Father Garnett by that which he had said: therefore before his death he caused his man to write in his name unto the Earl of Salisbury, protesting upon his salvation, that Mr. Garnett was not acquainted therewith, &c, as before was set down out of the letter read. This letter he was not then able to sign himself, he was so weak at that time, and therefore caused his wife to do it, and commanded her, as she would answer it before God, to deliver it to my Lord of Salisbury, for the discharge of his conscience; but afterwards growing [pg 261] somewhat better, he did call for the writing again, and signed it with his own hand. And his wife after his death, because she could not be admitted to come to my Lord of Salisbury, inclosed it in a letter of her own, and sent it to his Lordship. And the man that wrote this letter, being afterwards taken by Sir William Wade, Lieutenant of the Tower, for fear of his threats, affirmed his master had written the letter himself (not daring to be known, that he had written it at his master's appointment), but afterwards being at liberty, he went to the Recorder and affirmed before him, that it was his master that had caused him to write it, and had himself subscribed it: and for this the man was committed to a close and strait prison, to Bridewell, the worst prison about London.
Notwithstanding all this, upon the reading of this letter, my Lord of Salisbury presupposed it as granted that Mr. Tresham did mean to equivocate in this letter, which the good Father did not contradict, not observing perhaps the circumstance of Mr. Tresham his words before alleged, which was no marvel, being clean wearied out with so long standing at the bar, and answering to every man's questions before, which more concerned himself; and himself so often interrupted in his own discourse, that it was misliked by divers of the standers-by; yea, the King himself, who was there in private, sent word at length to my Lord of Salisbury, he should give the prisoner leave to speak freely. My Lord of Salisbury therefore took occasion upon this supposition to speak at large, and said, though he would not meddle with Mr. Garnett in matters of divinity, yet because he had been particularly employed in that service, he desired to demonstrate with what sincerity and moderation His Majesty's justice was carried in all points. And so he discoursed of the manner of the proceeding therein, and said it was not performed with such solemnity in respect of Garnett, who was but a private man, but to discredit in his person his religion, and to credit the [pg 262] Gospel, and also to show the King's just proceedings to the world, and withal to favour the City of London, in doing it in the sight of the city. Then he showed how gently Father Garnett had been used, more like a nurse-child than otherwise, and that in this arraignment divers things had been permitted to be read, which made for Father Garnett; as namely this testimony of Mrs. Vaux, who, said the Earl, would sacrifice her life to do him good. And so he concluded, affirming that the whole course of proceedings in that matter had been mixed with such clemency, as he thought there was none so malicious that could calumniate. My Lord of Northampton also made a speech much to the like effect, to show the foulness of the Plot of Powder, the just and merciful proceedings of the King, and the presumptions of Father Garnett his being guilty.
Which done, the jury was willed to go together, and Father Garnett, ere they departed, desired them they would take such things as he had denied, to be justly and truly disavowed, except they had more evidence to the contrary; and desired them to give their verdict only upon that which was acknowledged to be true, and not upon any other presumptions. And so indeed (by God's providence) it was performed: for they went together for a short time, and presently returned and pronounced him guilty directly for not revealing this treason.[449]
He was then asked whether he had any more to say for himself, and my Lord of Salisbury told him it was the King's pleasure he should have free leave to speak (but this leave was pronounced very late, after so many hours of continual interruption). The Father answered he had no more to say but God save the King; and referred himself to the mercy of God and the King, and that he desired their Lordships to recommend his cause unto His Majesty, whom if it would please to grant him life, he would labour to deserve it the best he [pg 263] could, his conscience reserved. If otherwise, he was prepared to die.
Then Serjeant Crooke prayed judgment might be given. The crier was willed to proclaim silence. The Lord Chief Justice, Sir John Popham, pronounced sentence of judgment against him, which was, to be hanged, drawn, and quartered.
The Earl of Northampton made a second speech to this effect unto the prisoner. “Nothing is, that hath not been: nor nothing hath been, that is not. That all which hath been spoken this day might be rightly understood, you are condemned not for religion or your profession; but for treason verified by pregnant proofs. It is necessary to look into the ground of this action and safety of the King; which by the Scripture is sufficiently commanded and proved, that there is no cause sufficient to depose Princes, neither tyranny, nor adultery, nor idolatry, nor apprehending of Priests, nor simony, nor heresy, nor apostacy. No power upon earth can dispossess him. That Popes have attempted it sometimes, hath been abuse crept in within these five or six hundred years, but the ancient Popes would never do it, yea, St. Gregory calleth the Emperor, his Lord. No man may lay hands upon the King, as is proved by many examples in the Old Testament. You are commanded in the New Testament to obey your Princes; and so all the ancient Fathers teach. For the Prince's life is in no man's power, but in the hands of God Himself. All examples of Scripture prove you ought not to touch his body, but to persuade his soul. You allege the Canon of Nos Sanctorum to prove it in the Pope's power to depose Princes for some causes; but it never can be proved lawful by any learning or law for this 1600 years. Therefore whosoever doth maintain it, is in a foul and most gross and grievous error.”
This was about six or seven o'clock at night. Then the Court broke up; and Father Garnett being condemned [pg 264] to die was returned back to the Tower until the day of his execution. The King as he went from the place of trial, where he had been in private, was heard to say, they had done the prisoner wrong to interrupt him so often; and also, that if he had been in the prisoner's place he could have defended himself better in some points. The Protestants were generally much appalled at the beginning of Father Garnett his speech, and some that came from the hall said, that never any man did speak so at that bar. But towards the end, they did weary him exceedingly with so many interruptions and interrogations. But it did comfort the Catholics much that he was condemned only for concealing the treason which he had only heard in confession; and consequently his condemnation and death was only for concealing confession, which is a most happy cause, and the case of a martyr, as all the Catholics did then account him, and as the justice of his cause did then approve him: and God hath since his death declared by diverse signs, of which I will afterwards speak in their fit place.