We have seen how much stress was laid upon the action of Parliament in regard of Owen, although the Act of Attainder which it passed affords no information whatever to assist our judgment of his case. In moving for this attainder, Sir E. Coke appeared at the bar of the House of Commons (April 29th, 1606) to exhibit the evidence on which the charge rested. His notes of this evidence, which are extant,[386] clearly show that the government possessed no proofs at all beyond surmise and inference.[387] Three testimonies were cited which were quite inconsistent and mutually destructive: (1) An extract from a confession of Guy Faukes, January 20th, 1605-6, declaring that he had himself initiated Owen in the Plot in May, 1605. (2) An information of one Ralph Ratcliffe, to the effect that Owen and Baldwin were busy with the Plot in April, 1604. (3) T. Winter's testimony—from his famous confession of November 23rd, or 25th, 1605—that in the spring of 1604 Owen had assisted him to secure the services of Faukes.
In Salisbury's letter to Edmondes, the first and the last of these alone were cited,[388] probably because it had by this time been perceived that Ratcliffe's evidence flatly contradicted that of Faukes.
Winter's confession has already been discussed, and moreover affords no proof that Owen was acquainted with the purpose for which the services of Faukes were required. There remains the very circumstantial story of Faukes himself, which belongs to a curious and interesting class of documents, containing matter of the highest importance, whereof no trace, not even a copy, is to be found amongst the State Papers. These comprise various confessions of Faukes, dated November 19th, 25th, and 30th, 1605, and January 20th, 1605-6, all dealing with information of a sensational nature, concerning which we learn nothing from the eleven depositions of the same conspirator preserved in the Record Office.[389] For our knowledge of these mysterious documents we have to depend on transcripts of portions of them among the Tanner MSS. in the Bodleian Library, on fragmentary Latin versions in the Antilogia of Bishop Abbot, and on the extract cited from the last amongst them by Sir Edward Coke, which exactly agrees with that sent by Salisbury to Edmondes, as above mentioned.
It cannot escape notice that although these versions all profess to be taken from the originals under Faukes' hand, they are so utterly different as to preclude the belief that they have been copied from the same documents.[390]
It must farther be observed that we hear nothing of important matters contained in these confessions till the supposed author and his confederates were all dead, whereas these are such as would certainly have been produced on their trial had this been possible.[391] Some of the evidence thus afforded is, in fact, too good, for the Government's purpose, to be true, for if authentic, it would have secured results which, though much desired, were never obtained. In particular it would have established beyond question the guilt of the Jesuits abroad, and especially of Father Baldwin.[392] It is this Father, however, whose case conclusively proves the utter worthlessness of the evidence. Having been proclaimed and branded by the English government as a convicted traitor, he, five years later, fell into their hands, being delivered up, in 1610, by their ally the Elector Palatine. He was at once thrown into the Tower, where he was frequently and rigorously examined, it is said even on the rack.[393] After a confinement of eight years he was discharged "with honour," his innocence being attested by the respect with which he was treated by men of all parties.[394] In view of this unquestionable acquittal the famous proofs of his criminality, though certified on the royal word of King James himself, forfeit all claim to consideration.
A word may be added concerning Father Cresswell, an English Jesuit residing in Spain. He, too, was assumed to have been deeply implicated in this and other treasons. In November, 1605, Cecil included his name in a list of traitors against whom proofs were to be procured.[395] It was even asserted that at the time of the intended explosion he came over to England "to bear his part with the rest of his Society in a victorial song of thanksgiving."[396] He was, moreover, loudly denounced as the principal agent in the notorious Spanish Treason.
After all this it is somewhat surprising to find Sir Charles Cornwallis, the English Ambassador, while the excitement of the Powder Plot was at its height, testifying in the most cordial terms to his esteem for the said Cresswell. The latter having been called to Rome by his superiors, Cornwallis (December 23rd, N.S. 1605,) addressed to him the following letter.[397]
"Sir, although in matter of religion well you know that there are many discords between us, yet sure in your duty and loyalty to my King and Country I find in you so good a concordance I cannot but much reverence and love you, and wish you all the happiness that a man of your sort upon the earth can desire.
"Much am I (I assure you) grieved at your departure, and the more that I was put in so good hope that your journey should have been stayed. The time of the year unpleasant to travel in, your body, as I think, not much accustomed to journeys of so great length, and the great good you did here to your poor countrymen (which now they want) are great motives to make your friends to wish your will in that voyage had been broken.