[387] This is obvious from a marginal note in Coke's own hand, arguing that Owen must be guilty in this instance, as he has been guilty on former occasions, and "Qui semel malus est semper præsumitur esse malus in eodem genere mali."
[388] It will be noticed that the confession of Faukes cited against Owen is dated two months after he had first been declared to be proved guilty by Faukes' testimony.
[389] These are dated November 5th, 6th [bis], 7th, 8th [the "draft">[, 9th, 16th, 17th, January 9th, 20th, 26th.
[390] Thus, to confine ourselves to the confession of January 20th, with which we are particularly concerned, we have the following variations:
Tanner transcript. "At my going over Mr Catesby charged me two things more: the one to desire of Baldwin & Mr Owen to deal with the Marquis [Spinola] to send over the regiment of which he [Catesby] expected to have been Lieutenant Colonel under Sir Charles [Percy].... He wished me secondly to be earnest with Baldwin to deal with the Marquis to give the said Mr Catesby order for a Company of Horse, thinking by that means to have opportunity to buy Horses and Arms without suspition."
According to Abbot, Faukes was to give instructions that when the time of Parliament approached, Sir Wm. Stanley was on some pretext to lead the English forces in the archduke's service towards the sea, and with them any others he could manage to influence. He also mentions the conspiracy of Morgan, as spoken of by Coke.
In addition to all this, Abbot cites from the same confession the following extraordinary particulars (p. 160): Faukes, when he came to London, with T. Winter, went to Percy's house and found there Catesby and Father Gerard. They talked over matters, and agreed that nothing was to be hoped from foreign aid, nor from a general rising of Catholics, and that the only plan was to strike at the king's person: whereupon Catesby, Percy, John Wright, Winter, and himself, were sworn in by Gerard.
[This is in absolute contradiction to Winter's evidence (November 23rd) that Percy was initiated in the middle of the Easter term, the other four having agreed on the scheme at the beginning of the same term; and to that of Faukes himself (November 17th) that he and Winter first resolved on a plot for the benefit of the Catholic cause, and afterwards imparted their idea to Catesby, Wright, and Percy.]
Sir E. Coke's Version. "After the powder treason was resolved upon by Catesbye, Thomas Winter, the Wrightes, my self, and others, and preparation made by us for the execution of it, by their advise and direction I went into fflanders and had leave given unto me to discover our project in every particular to Hughe Owen and others, but with condicion that they should sweare first to secrecie as we our selves had done. When I arryved in fflanders I found Mr Owen at Bruxelles to whom after I had given the oathe of secrecye I discovered the whole busines, howe we had layed 20 whole barrells of powder in the celler under the parliament howse, and howe we ment to give it fire the first day of the parliament when the King, the prince, the duke, the Lords spirituall and temporall, and all the knights, citizens, and burgesses of parliament should be there assembled. And that we meant to take the Ladye Elizabeth and proclaime hir for we thought most like that the prince and duke would be there with the king. Mr Owen liked the plott very well, and said that Thomas Morgan had once propounded the very same in quene Elizabeth's time, and willed me that by ani meanes we should not make any mencion of religion at the first, and assured me that so soone as he should have certaine newes that this exploit had taken effect that he would give us what assistance he could and that he would procure that Sir Wm Stanley should have leave to come with those English men which be there and what other forces he could procure."
The confession of Faukes in the Record Office, dated the same, January 20th, is thus summarized in the Calendar of State Papers (Dom. James I. xviii. 28): "Talked with Catesby about noblemen being absent from the meeting of Parliament; he said Lord Mordaunt would not be there, because he did not like to absent himself from the sermons, as the king did not know he was a Catholic; and that Lord Stourton would not come to town till the Friday after the opening."