If Father Gerard merely means that the story published by the Government rested on these two confessions, and that the Government publications were the source of all knowledge about the plot till the Record Office was thrown open, in comparatively recent years, he says what is perfectly true, and, it may be added, quite irrelevant. If he means that our knowledge at the present day rests on these two documents, he is, as I hope I have already shown, mistaken. With the first five examinations of Fawkes in our hands, all the essential points of the conspiracy, except the names, are revealed to us. The names are given in the examination under torture, and a day or two later the Government was able to classify these names, though we are unable to specify the source from which it drew its information. If both the declarations to which Father Gerard refers had been absolutely destroyed we should have missed some picturesque details, which assist us somewhat in understanding what took place; but we should have been able to set forth the main features of the plot precisely as we do now.
Nevertheless, as we do gain some additional information from these documents, let us examine whether there are such symptoms of foul play as Father Gerard thinks he can descry. Taking first Fawkes’s declaration of November 17, it will be well to follow Father Gerard’s argument. He brings into collocation three documents: first the interrogatories prepared by Coke after the examination of the 7th, then the examination of the 8th, which he calls a draft, and then the full declaration of the 17th, which undoubtedly bears the signature of Fawkes himself.
That the three documents are very closely connected is undeniable. Take, for instance, a paragraph to which Father Gerard not unnaturally draws attention, in which the repetition of the words ‘the same day’ proves at least partial identity of origin between Coke’s interrogatories and the examination founded on them on the 8th.[88]
“Was it not agreed,” asks Coke, “the same day that the act should have been done, the same day, or soon after, the person of the Lady Elizabeth should have been surprised?” “He confesseth,” Fawkes is stated to have said, “that the same day this detestable act should have been performed the same day should other of their confederacy have surprised the Lady Elizabeth.” Yet before setting down Fawkes’s replies as a fabrication of the Government, let us remember how evidence of this kind is taken and reported. If we take up the report of a criminal trial in a modern newspaper we shall find, for the most part, a flowing narrative put into the mouths of witnesses. John Jones, let us say, is represented as giving some such evidence as this: “I woke at two o’clock in the morning, and, looking out of window, saw by the light of the moon John Smith opening the stable door,” &c. Nobody who has attended a law court imagines John Jones to have used these consecutive words. Questions are put to him by the examining counsel. When did you wake? Did you see anyone at the stable door? How came you to be able to see him, and so forth; and it is by combining these questions with the Yes and No, and other brief replies made by the witness, that the reporter constructs his narrative with no appreciable violation of truth. Is it not reasonable to suppose that the same practice prevailed in 1605? Fawkes, I suppose, answered to Coke’s question, “Yes, others of the confederates proposed to surprise her,” or something of the sort, and the result was the combination of question and answer which is given above.
What, however, was the relation between the examination of the 8th and the declaration of the 17th? Father Gerard has printed them side by side,[89] and it is impossible to deny that the latter is founded on the former. Some paragraphs of the examination are not represented in the declaration, but these are paragraphs of no practical importance, and those that are represented are modified. The modifications admitted, however, are all consistent with what is a very probable supposition, that the Government wanted to get Fawkes’s previous statements collected in one paper. He had given his account of the plot on one occasion, the names of the plotters on another, and had stated on a third that they were to be classified in three divisions—those who worked first at the mine, those who worked at it afterwards, and those who did not work at all. If the Government drew up a form combining the three statements and omitting immaterial matter, and got Fawkes to sign it, this would fully account for the form in which we find the declaration. At the present day, we should object to receive evidence from a man who had been tortured once and might be tortured again; but as this declaration adds nothing of any importance to our previous knowledge, it is unnecessary to recur to first principles on this occasion.[90]
Winter’s examination of the 23rd, as treated by Father Gerard, raises a more difficult question. The document itself is at Hatfield, and there is a copy of it in the ‘Gunpowder Plot Book’ in the Public Record Office. “The ‘original’ document,” writes Father Gerard,[91] “is at Hatfield, and agrees in general so exactly with the copy as to demonstrate the identity of their origin. But while, as we have seen, the ‘copy’ is dated November 23rd, the ‘original’ is dated on the 25th.” In a note, we are told ‘that this is not a slip of the pen is evidenced by the fact that Winter first wrote 23, and then corrected it to 25.’ To return to Father Gerard’s text, we find, “On a circumstance so irregular, light is possibly thrown by a letter from Waad, the Lieutenant of the Tower, to Cecil[92] on the 20th of the same month. ‘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.”
Apparently Father Gerard intends us to gather from his statement that the whole confession of Winter was drawn up by the Government on or before the 23rd, and that he was driven on the 25th by fears of renewed torture to put his hand to a tissue of falsehoods contained in a paper which the Government required him to copy out and sign. The whole of this edifice, it will be seen, rests on the assertion that Winter first wrote 23 and then corrected it to 25.
So improbable did this assertion appear to me, that I wrote to Mr. Gunton, the courteous secretary of the Marquis of Salisbury, requesting him to examine the handwriting of the date in question. He tells me that the confession itself is, as Father Gerard states, in Winter’s hand, as is also the date ‘23 9 ber 1605.’ Two changes have been made; in the first place 23 has been altered to 25, and there has been added at the head of the paper: “The voluntary declaration of Thomas Winter, of Hoodington, in the County of Worcester, gent. the 25 of November, 1605.” “This heading,” Mr. Gunton writes, “is so tucked in at the top, that it must, I think, have been written after the confession itself.” He also assures me that the 5 of the substituted date and the 5 in the added heading ‘are exactly alike, and both different from the 5’ at the end of the date of the year, as written by Winter. “The heading,” Mr. Gunton writes, “I believe to be in Coke’s hand. It is more carefully written than he usually writes, and more carefully than his attestation at the end; but as far as my judgment goes, it is decidedly his hand.”
The alleged fact that lies at the basis of Father Gerard’s argument is therefore finally disposed of. Why Coke, if Coke it was, changed the date can be no more than matter for conjecture. Yet an explanation, conjectural though it be, seems to me to be probable enough. We have seen that Fawkes’s confession under torture bears two dates, the 9th, when it was taken before Coke and Waad the Lieutenant of the Tower, together with a magistrate, Edward Forsett; the second, on the 10th, when it was declared before the Commissioners. Why may not this confession of Winter’s have been subjected to a similar process. Winter, I suppose, writes it on the 23rd, and it is then witnessed, as Father Gerard says, by Coke alone. Though no copy with the autograph signatures of the Commissioners exists it is reasonable to suppose that one was made, in which a passage about Monteagle—whom the Government did not wish to connect with the plot except as a discoverer—was omitted, and that this, still bearing the date of the 23rd, may have been brought before the Commissioners on the 25th. They would thus receive a statement from Winter that it was his own, and the signatures of the Commissioners would then be appended to it, together with those of Coke and Waad. This then would be the document from which copies would be taken for the use of individual Commissioners, and we can thus account for Salisbury’s having appended to his own copy now in the Record Office, “Taken before us, Nottingham, Suffolk, &c.” The recognition before the Commissioners would become the official date, and Coke, having access to the original, changes the date on which it was written to that on which it was signed by the Commissioners. This explanation is merely put forward as a possible one. The important point is that Father Gerard’s argument founded on the alteration of the date is inadmissible, now that Mr. Gunton has thrown light on the matter.
Winter’s confession having been thus vindicated is here inserted, partly because it gives the story from a different point of view from that of Fawkes, and partly because it will enable those who read it to see for themselves whether there is internal evidence of its having been manipulated by the Government.