A verdict of guilty was returned against the whole number who were arraigned at the bar. They were asked in the usual form why sentence of death should not be pronounced. Thomas Winter merely desired that his brother might be spared, because he was implicated in the treason by his persuasion. Fawkes objected to certain parts of the indictment, of which he said he was ignorant; when he was told that they were inserted as a matter of form. Bates supplicated for mercy, and did not deny his guilt. Robert Winter pursued the same course. Grant, after remaining silent some time, confessed that he was guilty of a conspiracy intended, but never executed. Rookwood at first attempted to justify himself, but at last acknowledged his offence, admitting that he justly deserved to undergo the penalty of the law; still he supplicated for mercy on the ground that he was neither the author of the plot nor an actor in it, but merely drawn into it by his affection for Catesby.
At this stage of the business a circumstance was mentioned to the court which had transpired in the prison. On Friday before the trial commenced Robert Winter and Fawkes were permitted to converse together in their cells. The former said that he and Catesby had sons, and that boys would be men, and he hoped that they would avenge the cause. They also expressed their sorrow that no one had set forth a defence or justification of the plot.
Sentence was not immediately pronounced; but Sir Everard Digby, who had been some time in custody, was arraigned at the bar on a separate indictment. He was charged with being privy to the plot,—with having taken the oath of secresy,—and also with open rebellion in the country with the rest of the conspirators, subsequent to the discovery. He had previously made a confession of his guilt, and, therefore, did not attempt to defend himself before the court. As he was preparing to address the court, he was informed that he must first plead either guilty or not guilty. He immediately confessed that he was guilty of the treason charged against him in the indictment. Sir Everard Digby evidently would not have been implicated in this conspiracy, but for his zeal in behalf of the church of Rome. So strong was his attachment to the papal creed, that he appears to have imagined that he should do God service by concurring with others in the destruction of heretics.
Having pleaded guilty to the charge of treason, he addressed the court respecting the motives that had induced him to enter upon such a course. He declared that neither ambition nor discontent induced him to unite with the other conspirators, but affection for Catesby the leader. He also confessed that he was influenced in his decision by religious considerations. Perceiving, as he said, that religion was in danger, he had resolved to hazard his property, and even his life, to preserve it, and to restore Romanism in this country. It appears that the Romanists were apprehensive of more severe laws being enacted under King James than those which had been carried by the late queen. There was no ground for such an apprehension, since King James was really anxious to treat his Roman Catholic subjects with great lenity. Sir Everard also requested that his wife and children might not suffer on his account. His last request was that he might be put to death by being beheaded, and not as an ordinary traitor.
The attorney-general replied to his address in a strain not unusual in that age, but which would not be adopted in the present day against the greatest criminal. Alluding to his very natural plea for his wife and children, Coke reminded him, in an insulting and sneering tone, of his attempt to kill the king and queen with the nobility of the country, asking where his piety and affection were when this scheme was devised?
When Coke charged him with justifying the fact he denied the charge, confessing that he deserved to suffer, but that he was a petitioner for his majesty’s mercy. The attorney-general replied, that, having abandoned every principle of religion and honour, he could not expect to receive any favour from his majesty.
The earl of Northampton also addressed the prisoner, and in a strain somewhat milder than Coke. It would shock the feelings of the present age were the judge on the bench to revile the criminal at the bar, however notorious his guilt; but at that time such a practice was common. The earl of Northampton told him, that he had only himself and his evil councillors to thank. He also reminded him of his favour with Queen Elizabeth; and that King James was not ill disposed either towards him or the members of his church generally.
Judgment was now demanded by the king’s sergeant on the seven prisoners mentioned in the first indictment, on the verdict of the jury; and on Sir Everard Digby, on his own confession.
The lord chief-justice proceeded to pronounce judgment. He first took a review of the laws which had been enacted in the reign of Elizabeth against recusants, priests, and the receivers of priests, specifying the causes which gave rise to those enactments, and demonstrating that they were necessary, mild, equal, moderate, and capable of being justified to the whole world. Sentence was then pronounced in the usual form.
Sir Everard Digby bowing to the lords who were seated on the bench, said, “If I may but hear any of your lordships say you forgive me, I shall go more cheerfully to the gallows.” The lords instantly replied, “God forgive you, and we do.”