The employment of methods such as these would in any circumstances forfeit all credit on behalf of the story thus presented. In the present instance the presumption raised against it is even stronger than it would commonly be. If the Gunpowder Plot were in reality what was represented, why was it deemed necessary, in Cecil's own phrase, to pervert and disguise its history in order to produce the desired effect? A project so singular and diabolical in its atrocity, prepared for on so large a scale, and so nearly successful, should, it would appear, have needed no fictitious adjuncts to enhance its enormity; and for the conviction of miscreants caught red-handed in such an enterprise no evidence should have been so effectual as that furnished by the facts of the case, which of their nature should have been patent and unquestionable. When we find, on the contrary, a web of falsehood and mystery woven with elaborate care over the whole history of the transaction, it is not unnatural to infer that to have told the simple truth would not have suited the purpose of those who had the telling of the tale; and it is obviously necessary that the evidence whereby their story was supported should be rigorously sifted.
What has been said, though in great measure true of the trial of Father Garnet, at the end of March, is especially applicable to that of the conspirators, two months earlier, for in regard of this we have absolutely no information beyond that officially supplied. The execution of Faukes and his companions following close upon their arraignment,[337] all that had been elicited, or was said to have been elicited, at their trial, became henceforth evidence which could not be contradicted, the prosecution thus having a free hand in dealing with their subsequent victim.[338] In view of this circumstance it has been noted as remarkable that whereas the conspirators had been kept alive and untried for nearly three months, they were thus summarily dealt with at the moment when it was known that the capture of Father Garnet was imminent, and, as a matter of fact, he was taken on the very day on which the first company were executed.[339] It would appear that nothing should have seemed more desirable than to confront the Jesuit superior with those whom he was declared to have instigated to their crime, instead of putting them out of the way at the very moment when there was a prospect of doing so.
ii. The Fundamental Evidence.
Amongst all the confessions and "voluntary declarations" extracted from the conspirators, there are two of exceptional importance, as having furnished the basis of the story told by the government, and ever since generally accepted. These are a long declaration made by Thomas Winter, and another by Guy Faukes, which alone were made public, being printed in the "King's Book," and from which are gathered the essential particulars of the story as we are accustomed to hear it.
Of Winter's declaration, which is in the form of a letter to the Lords Commissioners, there is found in the State Paper Office only a copy, bearing date November 23rd, 1605, in the handwriting of Levinus Munck, Cecil's private secretary. This copy has been shown to the King, who in a marginal note objects to a certain "uncleare phrase," which has accordingly been altered in accordance with the royal criticism: and from it has evidently been taken the printed version, which agrees with it in every respect, including the above-mentioned emendation of the phraseology.
from winter's confession, november 23.
It must strike the reader as remarkable that, whereas, as has been said, the body of the letter is in the handwriting of the secretary, Munck, the names of the witnesses who attest it[340] are added in that of his master, Cecil himself.
The "original" document, in Winter's own hand, is at Hatfield, and agrees in general so exactly with the copy, as to demonstrate the identity of their origin.[341] But while, as we have seen, the "copy" is dated November 23rd, the "original" is dated on the 25th.[342] On a circumstance so singular, light is possibly thrown by a letter from Waad, the Lieutenant of the Tower, to Cecil, on the 21st of the same month.[343] "Thomas Winter," he wrote, "doth find his hand so strong, as after dinner he will settle himself to write that he hath verbally declared to your Lordship, adding what he shall remember." The inference is certainly suggested that torture had been used until the prisoner's spirit was sufficiently broken to be ready to tell the story required of him, and that the details were furnished by those who demanded it. It must, moreover, be remarked that although Winter's "original" declaration is witnessed only by Sir E. Coke, the Attorney General, it appears in print attested by all those whom Cecil had selected for the purpose two days before the declaration was made.[344] It may be said that the inference drawn above is violent and unfair, and, perhaps, were there no other case to go upon but that of Winter, so grave a charge as it implies should not be made. There remains, however, the companion case of Faukes, which is yet more extraordinary.