“On the 22d of February, without any previous warning to prepare for his trial, he was taken out of his dark lodging and hurried to Westminster, to hold up his hand there at the bar. The first news of this step towards his martyrdom filled his heart with a joy which he could not conceal. The judges before whom he was to appear were Lord Chief-Justice Popham, Justice Owen, Baron Evans, and Sergeant Daniel. As soon as Father Southwell was brought in, the lord chief-justice made a long and vehement speech against the Jesuits and seminary priests, as the authors and contrivers of all the plots and treasons which, he pretended, had been hatched during that reign. Then was read the bill of indictment against Father Southwell, drawn up by Cook, the queen’s solicitor.”

THEIR FAITH WAS THEIR GUILT.

It would be well to remark here that Protestants nowadays frequently contend that the missionary priests judicially murdered during the reign of Elizabeth were not executed on account of their religion, but because they were stirrers up of sedition and traitors, and were in every case so proven to be upon their respective trials. The good people who set up such pretext are sadly in ignorance of the history of that dark period. So far from asserting the slightest pretence of guilt on the part of such acts accused of as commonly constitute sedition and high treason, the statute of Elizabeth under which they were sent to the gallows only made it necessary to show that they were Englishmen and Catholic priests, and were arrested in England. The statute, in fact, enacted substantially that, “if any Jesuit, seminary priest, or deacon, or religious or ecclesiastical person whatever, born within the realm, shall come into, be, or remain in any part of this realm, every such offence shall be taken and adjudged to be high treason.” The indictment against Southwell was “drawn up by Cook, the queen’s solicitor,” says the S. Omer MS. Now, “Cook, the queen’s solicitor” here referred to was no less a personage than the great Coke. Here is the indictment presented by him in Southwell’s case, from which it will be seen that the prisoner was charged only with the crimes of, first, being a priest of English birth; second, of having remained in the county of Middlesex:

“The jury present, on the part of our sovereign lady the queen, that Robert Southwell, late of London, clerk, born within this kingdom of England; to wit, since the feast of S. John the Baptist, in the first year of the reign of her majesty, and before the first day of May, in the thirty-second year of the reign of our lady the queen aforesaid, made and ordained priest by authority derived and pretended from the See of Rome; not having the fear of God before his eyes, and slighting the laws and statutes of this realm of England, without any regard to the penalty therein contained, on the 20th day of June, the thirty-fourth year of the reign of our lady the queen, at Uxenden, in the county of Middlesex, traitorously, and as a false traitor to our lady the queen, was and remained, contrary to the form of the statute in such case set forth and provided, and contrary to the peace of our said lady the queen, her crown, and dignities.”

The grand jury having found the bill, Father Southwell was ordered to come up to the bar. He readily obeyed, and, bowing down his head, made a low reverence to his judges; then modestly held up his hand according to custom, and, being asked whether he was guilty or not guilty, he answered, “I confess that I was born in England, a subject to the queen’s majesty, and that, by authority derived from God, I have been promoted to the sacred order of priesthood in the Roman Church, for which I return most hearty thanks to his divine Majesty. I confess, also, that I was at Uxenden, in Middlesex, at that time, when, being sent for thither by trick and deceit, I fell into your hands, as is well known; but that I never entertained any designs or plots against the queen or kingdom, I call God to witness, the revenger of perjury; neither had I any other design in returning home to my native country than to administer the sacraments according to the rite of the Catholic Church to such as desired them.”

Here the judge interrupted him, and told him that he was to let all that alone, and plead directly guilty or not guilty. Upon which he said, he was not guilty of any treason whatsoever. And being asked by what he would be tried, he said, “By God and by you.” The judge told him he was to answer, “By God and his country,” which, at first, he refused, alleging that the laws of his country were disagreeable to the law of God, and that he was unwilling these poor harmless men of the jury, whom they obliged to represent the country, should have any share in their guilt, or any hand in his death. “But,” said he, “if through your iniquity it must be so, and I cannot help it, be it as you will; I am ready to be judged by God and my country.” When the twelve were to be sworn, he challenged none of them, saying that they were all equally strangers to him, and therefore charity did not allow him to except against any one of them more than another.

After Coke had presented the case to the jury, they went aside to consult about the verdict, and in a short time brought him in guilty. He was asked if he had anything more to say for himself why sentence should not be pronounced against him? He said: “Nothing; but from my heart I beg of Almighty God to forgive all who have been any ways accessory to my death.” The judge having pronounced sentence according to the usual form, Father Southwell made a very low bow, returning him most hearty thanks as for an unspeakable favor. The judge offered him the help of a minister to prepare him to die. Father Southwell desired he would not trouble him upon that head; that the grace of God would be more than sufficient for him. And so, being sent back to Newgate through the streets, lined with people, he discovered, all the way, the overflowing joy of his heart in his eyes, in his whole countenance, and in every gesture and motion of his body. He was again put down into limbo, at his return to Newgate, where he spent the following night, the last of his life, in prayer, full of the thoughts of the journey he was to take the next day, through the gate of martyrdom, into a happy eternity; to enjoy for ever the sovereign object of his love.

We have seen by what device and with what ill success the officials directing the execution sought, on the next morning, to draw away the crowd from Tyburn where Father Southwell was to be “hung, bowelled, and quartered.”

EXECUTIONS UNDER ELIZABETH.

The modern reader generally, and very naturally, supposes that this sentence, horrible as it is in its simplest form, would be carried out as stated, that is to say, that, when the condemned man was hung until dead, his body was then butchered as described. This probably was the intention of the law, and the latter two of the three incidents of the executions were intended more as indignities to the remains of a criminal supposed to be guilty of the greatest of human crimes than as any part of the means of procuring death. But under the reign of Elizabeth the cruelty and bestiality of the mode in which the horrible sentence was carried out had reached its height. As a general thing, the victim was butchered alive. According to the whim or the bloodthirstiness of the executioner, the condemned man was allowed to hang a short time, or he was scarcely swung off before he was cut down and the hangman was—as he is described in a well-known phrase—“grabbling among his entrails.” Sometimes the executioner would spring upon the body as it was swung off, and plunge his knife into the victim before they reached the ground in their fall together. When a young priest named Edward Genings was executed, in 1591, the butchery was superintended by Topcliffe, who adjured the victim to submit and recant and he should be pardoned. His reply was: “I know not in what I have offended my dear anointed princess; if I had, I would willingly ask forgiveness. If she be offended with me because I am a priest, and because I profess my faith and will not turn minister against my conscience, I shall be, I trust, excused and innocent before God. I must obey God, saith S. Peter, rather than men.” At this Topcliffe was enraged, and bade the hangman turn the ladder; scarcely giving him time to say a Pater Noster. Cut down by his order before he was dead, the butchery began, and, the hangman’s hand being already on his heart, Genings was heard to say, “Sancte Gregori, ora pro me!”—which the hangman hearing, he swore, “Zounds, see, his heart is in my hand, and yet Gregory is in his mouth! O egregious papist!”[25]