What Gunpowder Plot Was

by Samuel Rawson Gardiner

We can now understand why it was that Salisbury and the Government in general were so anxious to bring home the plot, after its discovery, to some, at least, of the priests, and more especially to the Jesuits.

Three of these, Garnet, Greenway and Gerard, were in England while the plot was being devised, and were charged with complicity in it. Of the three, Garnet, the Provincial of England, was tried and executed; the other two escaped to the Continent. My own opinion is that Gerard was innocent of any knowledge of the plot,[265] and, as far as I am concerned, it is only the conduct of Garnet and Greenway that is under discussion. That they both had detailed knowledge of the plot is beyond doubt, as it stands on Garnet’s own admission that he had been informed of it by Greenway, and that Greenway had heard it in confession from Catesby.[266] A great deal of ink has been spilled on the question whether Garnet ought to have revealed matters involving destruction of life which had come to his knowledge in confession; but on this I do not propose to touch. It is enough here to say that the law of England takes no note of the excuse of confession, and that no blame would have been due on this score either to the Government which ordered Garnet’s prosecution, or to the judges and the jury by whom he was condemned, even if there had not been evidence of his knowledge when no question of confession was involved.

In considering Garnet’s case the first point to be discussed is, whether the Government tampered with the evidence against the priests, either by omitting that which made in favour of the prisoner, or by forging evidence which made against him. An instance of omission is found in the mark ‘hucusque’ made by Coke in the margin of Fawkes’s examination of November 9, implying the rejection of his statement that, though he had received the communion at Gerard’s hands as a confirmation of his oath, Gerard had not known anything of the object which had led him to communicate.[267] The practice of omitting inconvenient evidence was unfortunately common enough in those days, and all that can be said for Coke on this particular occasion is, that the examination contained many obvious falsehoods, and Coke may have thought that he was keeping back only one falsehood more. Coke, however, at Garnet’s trial did not content himself with omitting the important passage, but added the statement that ‘Gerard the Jesuit, being well acquainted with all designs and purposes, did give them the oath of secrecy and a mass, and they received the sacrament together at his hands.’[268] Clearly, therefore, Coke is convicted, not merely of concealing evidence making in the favour of an accused, though absent, person, but of substituting for it his own conviction without producing evidence to support it. All that can be said is, in the first place, that Gerard was not on trial, and could not therefore be affected by anything that Coke might say; and that, in the second place, even if Coke’s words were—as they doubtless were—accepted by the jury, the position of the prisoners actually at the bar would be neither better nor worse.

Much more serious is Father Gerard’s argument that the confession of Bates, Catesby’s servant, to the effect that he had not only informed Greenway of the plot, but that Greenway had expressed approval of it, was either not genuine, or, at least, had been tampered with by the Government. As Father Gerard again italicises,[269] not a passage from the examination itself, but his own abstract of the passage, it is better to give in full so much of the assailed examination as bears upon the matter:—

“Examination of Thomas Bate,[270] servant to Robert Catesby, the 4th of December, 1605, before the Lords Commissioners.

“He confesseth that about this time twelvemonth his master asked this said examinant whether he could procure him a lodging near the Parliament House. Whereupon he went to seek some such lodging and dealt with a baker that had a room joining to the Parliament House, but the baker answered that he could not spare it.

“After that some fortnight or thereabouts (as he thinketh) his master imagining, as it seemed, that this examinant suspected somewhat of that which the said Catesby went about, called him to him at Puddle Wharf in the house of one Powell (where Catesby had taken a lodging) and in the presence of Thomas Winter, asked him what he thought what business they were about, and this examinant answered that he thought they went about some dangerous business, whereupon they asked him again what he thought the business might be, and he answered that he thought they intended some dangerous matter about the Parliament House, because he had been sent to get a lodging near that House.

“Thereupon they made this examinant take an oath to be secret in the business, which being taken by him, they told him that it was true that they meant to do somewhat about the Parliament House, namely, to lay powder under it to blow it up.

“Then they told him that he was to receive the sacrament for the more assurance, and he thereupon went to confession to a priest named Greenway, and in his confession told Greenway that he was to conceal a very dangerous piece of work that his master Catesby and Thomas Winter had imparted unto him, and that he being fearful of it, asked the counsel of Greenway, telling the said Greenway (which he was not desirous to hear) their particular intent and purpose of blowing up the Parliament House, and Greenway the priest thereto said that he would take no notice thereof, but that he, the said examinant, should be secret in that which his master had imparted unto him, because that was for a good cause, and that he willed this examinant to tell no other priest of it; saying moreover that it was not dangerous unto him nor any offence to conceal it, and thereupon the said priest Greenway gave this examinant absolution, and he received the sacrament in the company of his master Robert Catesby and Mr. Thomas Winter.

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