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The Chronicle of Geoffrey le Baker of Swinbroke. Baker was a secular clerk from Swinbroke, now Swinbrook, an Oxfordshire village two miles east of Burford. His Chronicle describes the events of the period 1303-1356: Gaveston, Bannockburn, Boroughbridge, the murder of King Edward II, the Scottish Wars, Sluys, Crécy, the Black Death, Winchelsea and Poitiers. To quote Herbert Bruce 'it possesses a vigorous and characteristic style, and its value for particular events between 1303 and 1356 has been recognised by its editor and by subsequent writers'. The book provides remarkable detail about the events it describes. Baker's text has been augmented with hundreds of notes, including extracts from other contemporary chronicles, such as the Annales Londonienses, Annales Paulini, Murimuth, Lanercost, Avesbury, Guisborough and Froissart to enrich the reader's understanding. The translation takes as its source the 'Chronicon Galfridi le Baker de Swynebroke' published in 1889, edited by Edward Maunde Thompson. Available at Amazon in eBook and Paperback.
Complete Collection of State Trials and Proceedings for High Treason is in Stewart Books.
137. The Trial of Mervin Lord Audley (age 38), Earl of Castlehaven, for a Rape and Sodomy: 7 Charles I. A,D. 1631. [2 Rushw. Coll. 93. Hutt. Rep. 115.]
The Arraignment
[29th April 1631] The lord Coventry (age 53), Lord Keeper of the Great Seal of England, was appointed Lord High Steward for that day; who, having orders for the said Trial from his majesty, gave directions for the same.
The lords the peers took their places about 8 of the clock in the morning, and were seated on benches on each side of a large table, covered with green cloth; and below them were the Judges placed, and the king's learned counsel, and the officers of the court. And having disposed of themselves in their several places the Lord Steward about 9 of the clock entered the hall uncovered, with seven maces carried before him by seven Serjeants at Arms, and was attended upon by sir John Burroughs, garter principal king at arms, and Mr. James Maxwell; usher of tbe black rod.
After he had received the said Commission he commanded an O Yes to be made, by one of the Serjeants at Arms, for a general silence: and then delivered the said Commission to sir Thomas Fenshaw, Clerk of the Crown, to be openly read. Which being done, Mr. Maxwell kneeled down and presented his lordship with a white staff verge of state, which he gave to one of the Serjeants at Arms, who held the same up by the cloth of state on the right hand thereof. And after the Commission was read, and the staff received as aforesaid, his grace commanded a solemn O Yes to be made; and then gave leave to all the lords, tbe peers, and the judges, and to all privy counsellors there present, to be covered; and command was given, that none under that degree should keep on their hats upon pain of imprisonment. And then the peers were severally called by thieir names, and each of them answered particularly, viz. 1. Lord Weston, Lord High Treasurer of England; 2. Earl of Manchester, Lord Privy Seal; 3, Eari of Arundel and Surrey, Earl Marshal; 4. Earl of Pembroke and Montgomery Lord Chamberlain; 5. Earl of Kent; 6. Earl of Worcester; 7. Earl of Bedford; 8. Earl of Essex; 9. Earl of Dorset; 10. Earl of Salisbury; 11. Earl of Leicester; 12. Earl of Warwick; 18. Earl of Cariisle; 14. Earl of Holland; 15. Earl of Berks; 16. Earl of Denbigh;. 17. Viscount Wimbledon; 18. Visc. Conway; 19. Visc. Dorchester; 20. Visc. Wentworth; 21. Lord Percy; 22. Lord Strange; 23. Lord Clifford; 24. Lord Petre; 25. Lord North; 26. Lord Goring; 27. Lord Howard.
The Execution
14th May 1631. In pursuance of the Sentence, a warrant was issued for his [Mervyn Tuchet 2nd Earl Castlehaven (age 38)] Execution upon Saturday the 14th of May following; notice whereof notice was given him, and his coffin carried into the Tower about a week before, that he might the better prepare himself for death: The dean of Paul's, doctor Winerfe, failed not daily to visit him, aind to see how he stood, and to settle him in his Religion.
Being brought to the scaffold, attended by the dean of Paul's and Dr. Wickham, together with his servants, he saluted the noble personages, and whole assembly, shewing to them all a very noble, manly and chearful countenance, such as seemed no ways daunted with the fear of death. After a short while shewing himself to the people, he addressed himself to prayer, the deans accompanying; him in that exercise, but somewhat apart; which being not long, he stood upon his legs, and leaned Opon the two deans, conferring witH them. Then he turned to the Lords, aud spake to this effect:
"I acknowledge with thankfulness the great goodness uf Almighty God, that it hath pleased las divine majesty to bestow on me many endowments, as honour, riches, and the like, which I have mis-spent; having been a vicious liver, and justly deserved death, for as much, and in that the least sin at God's liands justly deserveth death, and no less; but for the two heinous crimes with which I am branded, condemned, and here to suffer for, I do. here deny them upon my death, freely forgiving those that have accused me, and have been the occasion of my death, even as freely as I myself do desire forgiveness at God's hands, which I hope to obtain through his infinite goodoess and mercy; and somewhat the rather, by your Christian prayers, which I expect, and humbly beg of your lordships and this whole assembly. Now for as aiuch as there hath been speech and rumour of my unsettledness in my Religion, I have, for explanation thereof, not only made Confession ol my Faith to these two worthy doctors, but for better satisfaction to the world in that point, express the same in writing under my hand signed; whicli as it is here set down, I desire may be publicly read."
The Confession of hs Faith then was rend by a young gentleman, with a loud voice, wherein he professes he dies in the faith of the church of England.
After which he proceeded: "I acknowledge the great justice and mercy of the king's majesty; his justice in bringing me to the bar; and his mercy in offording me such a noble and gracious Trial there: and I give his majesty humble and hearty thanks in assigning my death to be in this manner, contrary to the Sentence pronounced against me at my arraignment. But there is a greater favour than this, for which I am to render thanks unto his sacred majesty, and that is, the long time I have had to repent in; whereof (praised be Almighty God) I can speak with comfort, I have made good use, and am now fully prepared for death, and much the better, by the good help and instruction of these two worthy men, to whom I acknowledge myself bounden, and do here, before you all, give them hearty thanks for their great pains taken in coming to me, praying for me, and preaching and reading to me. — And I desire your lordships to present my humble acknowledgment to his majesty, for his goodness in sending them to me, and my thanks for the same. — I do also from my heart desire and beseech Almighty God to bless the king's majesty, the queen, and the young prince, together with all such other issue as he shall hereafter in mercy bestow on them, and the whole state; and my trust and desire is, there may be ever one of their line to sway the sceptre of these kingdoms to the world's end. — And I beseech, and do heartily pray for the welfare and happy prosperity of the king and queen of Bohernia, with all their princely issue. I do again desire your lordships to make tender of my humble acknowledgement of his mercy and goodness. — And now lastly, That you will not bend your eyes, so much upon me, as your hands and hearts to heaven in prayers for me; and so I take my last farewell of your lordshipl and the world."
Then he went again to his private prayers; which being done, he prepared himself for death, striving to shew the like courage and magnanimity which he had formerly done, unto the last: but sight of the headsmsm (whom yet he freely forgave, and took him by the hand, bidding him do his otfice manfully) together with the apprehension of his near approaching end, made him somewhat to change colour, and shew some signs of trembling passion; for his hands shook a little in undoing his bandstrings; which his man perceiving, stept to him and hclpi him, as also off with his doublet. Then taking leave again of the lords, the doctors, and his man, saying a very short prayer by himself, he pulled down his handkerchief over his face, and laid his head upon the block; which was taken off at one blow.
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The Execution Of Gregory Clements (age 66), the 17th of October, 1660, at the same place. Mr. Clements was very silent both in the time of his imprisonment at Newgate, and at the time and place of his execution at Charing cross, only it is said, that he expressed his trouble (to some friends in the prison) for yielding so far to the importunity of his relations, as to plead Guilty to the Indictment: and though he spoke little at the place of execution, yet (so far as could be judged by some discerning persons that were near him) he departed this life in peace.
Some Particulars of the Behaviour, and of the Execution of Col. John Jones (age 63), the 17th of October, 1660, at the same place.
The Copy of a Letter sent from Col. John Jones, when prisoner in the Tower of London, to a Relation.
I am very much grieved, to find (by the note I received from you) such dark and sad apprehensions upon your spirits concerning me: We are in the hands of the Lord, and what he hath appointed for us, will be our portion, and no man can frustrate his holy purpose concerning us; which I question not will be found to be in love, whatever appearance it may have to men. My advice is to you and all that love me, That (in case I be removed from you) you do not, neither in reality, nor outward garb, mourn for me; but rather rejoice, that my portion is in heaven; and that my dissolution or removal out of this earthly Tabernacle, is but in order to my cloathing with immortality, and possess ing my eternal mansion; and to my being for ever with Christ, to behold his glory; and therefore that you do not.behave yourself, as those that have no hopes but of this life.
Secondly, That you take off your mind from have no resting-place to delight in, or to promise them safety; until we return to the ark of his testimony, the bosom of his love manifested and exhibited for us in our blessed Lord Jesus Christ. I write in haste, therefore excuse my abruptness. Thine in sincere love, Tower, Sept. 19, 1660. JOHN JONES.
Let the first and last verses of Psalm 27, be constantly fixed upon thy mind.
Ver. 1. The Lord is my light and my salvation, whom shall I fear? The Lord is the strength of my life, of whom shall I be afraid?
Ver. 14. Wait on the Lord, be of good courage, and he shall strengthen thy heart? wait I say on the Lord.
Some few living Sentences, that fell from a dying man, Col. John Jones, when he was in his chains in Newgate. Observing one of col. Scroop's children weeping, he takes her by the hand, saying to her, You are weeping for your father, but suppose your father were to morrow to be king of would you weep so? Why he is going to reign France, and you were to tarry a little behind, with the King of kings, in everlasting glory.
Speaking to a friend, that was to have açcompanied him into Ireland, Ah! dear heart (says he) thee and I were in that storm toether, going to Ireland, and if we had gone this journey then, we had been in heaven to have welcomed honest Harrison and Carew; but we will be content to go after them, we will go after.
Speaking of those that were gone beyond the seas, (O dear hearts, says he) in what a sad condition are our dear friends beyond sea, where they may be hunted from place to place, and never be in safety, nor hear the voice of the turtle; how much have we gotten the start of them, for we are at a point, and are now going to heaven?
Speaking of the sledge in which he was to be carried to execution; it is (said he) like Elijah's fiery chariot, only it goes through Fleetstreet.
The time of his departure being come, this aged gentleman was drawn in one sledge, with his aged companion colonel Scroop, whose grave and graceful countenances, accompanied with courage and chearfulness, caused great admiration and compassion in the spectators, as they passed along the streets to Charingcross, the place of their execution: And after the executioner had done his part upon three others that day, he was so drunk with blood, that like one surfeited, he grew sick at stomach; and not being able himself, he set his boy to finish the tragedy upon colonel Jones; who coming up the ladder with the like chearfulness as his brethren did before him, and being placed fit for execution, he proceeded to speak as followeth:
Colonel John Jones's Speech upon the Ladder.
There are two things that are necessary now I am going through this narrow gate or passage to the eternal majesty; I say, two things are necessary as to the occasion of my coming hither to receive my Father's good pleasure.
1st, Peace with God. 2ndly, peace with man.
I shall speak something to each of these; and, in the first place, speak something of the Court wherein I received the sentence: it hath been reported, as I was told, that I confessed this fact, and confessed that I was guilty of murder, as under those several expressions that are in the Indictment, viz.
I desire to clear myself before the Lord, and before the world, in that particular; for should I grant that I was guilty in reality and truth of murder and malice, I should belye my own conscience, and draw upon me a greater weight than I could bear. But thus far I do confess, I was willing to make the work as short as I could; and because I would not stand so long, I told them I would take the first jury that came; and when a jury was called, then I did confess so much as I was convinced of, as to the matter of fact; I desire you will judge cha- ritably of this that I speak at this time, as in the presence of the Lord, that it is not so really (viz. that I acknowledged myself guilty of murder), I had no such thing in my heart.
I must confess I very freely quit his majesty, considering what he doth in this case is the part of a loving son to a father, especially the judges telling him that it is the law; and I conceive that the Court did nothing but what they, to their best understandings, judged right as to law; therefore I freely acquit the Court, though there was not enough said to satisfy such a poor creature as I am, in so great and deep a point as that was: as for all others, I do not know any man on the earth, to whom I do bear any malice, but I am in perfect cha- rity with all men, and I hope the Lord is in charity with me: and therefore, as I desire to have forgiveness myself from all those I have offended, even so I do freely forgive all those that have in any measure offended me.
The next thing is towards God, and it is that which should be last upon my heart it is not expected that I should give an account here of my state and condition, for that is betwixt God and my own soul; and I do, through the grace and goodness of God, firmly believe that my redemption is wrought, and my pardon is sealed, and that I shall be immediately in my father's arms, and that I shall be translated and brought to behold the Lord Jesus Christ in glory, with comfort and fulness of joy.
Then he betook himself to his prayers.
Col. Jones's Prayer.
"Blessed Lord God, thou art the great opener, open unto my soul the Lord Jesus' Christ, who will lead me into the ways of truth and life; O God save me, make good all the pledges of thy love unto my soul; oh make all the promises which I have believed all the days of my life, make them now good unto my soul, giving me the full enjoyment of thyself: I desire to bless and praise thy name for this hour that thou hast brought me to, oh, what am I poor worm, that thou shouldest give me this opportunity to suffer for thy name, and to acknowledge thy mercies before so great a congregation at this place. Holy Father, Holy Father, oh that thou wouldest now rain down blessings from heaven upon thy poor creatures, that do hear and behold this action, this day; oh that thou wouldest sanctify this thing to them, and let poor England be a land of truth and happiness, O Lord let England flourish: and oh that thou wouldest make thy angel of light to go before thy people: good God we pray thee keep off those great judgments that hang over the heads of these nations, because they have sinned against thee: through thy name sanctify us, let not thy name be reproached. Dear Father, receive my soul, I am ready to come unto thee: blessed Father, into thy hands I commend my spirit: thou hast redeemed me, blessed be thy name, in that thou hast opened the treasures of thy love unto my poor soul. Thou hast given me this hope, whereof I need not be ashamed. Blessed be thy name, my spirit is full of joy. Oh Holy Father, holy Father, I pray thee let thy blessing come down upon thy poor people. Look upon me, Holy Father: stretch out thine arms to carry me over this brook. I pray thee stand by me, dear Father, I cast myself into thy hand, I commit my soul unto thee."
His prayers being ended, he said, Mr. Sheriff, I must needs return you many thanks for your civility.
Sher. Repl.I am glad to hear such an ingenuous confession, and that you make such an end, and that you have not gone into any reviling language, as some others have done before.
Some more Passages of Colonel John Jones in Prison.
Col. Jones, the night before he suffered, told a friend he had no other temptation upon him but this, lest he should be too much transported, and carried out to neglect and slight his life, so greatly was he satisfied to die in that cause.
The day he suffered, he grasped a friend in his arms, and said to him with some expressions of endearedness, Farewell: I could wish thee in the same condition with myself, that thou mightest share with me in my joys.
After this he committed his soul to God, and was turned off.
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The Proceedings in Parliament upon the Bill of Divorce between his Grace the Duke of Norfolk (age 45) and the Lady Mary Mordaunt (age 41): 12 William III A.D. 1700.
Proceedings in the House Of Lords, February 15, 1700.
Upon reading the Petition of Henry duke of Norfolk, praying leave to bring in a bill to dissolve his marriage with the lady Mary Mordant, and to enable him to marry again, he having certain proof of his wife's living in adultery with sir John Germaine (age 49): it is ordered, that the said Petition be taken into consideration to-morrow.
25th March 1700. And then the Counsel withdrew, and the Committee proceeded upon the Bill clause by clause, and went throug it, and ordered the same to be reported; which was done accordingly; upon which the Bill passed.
Note 1. Henry Howard 7th Duke of Norfolk (age 45) and Mary Mordaunt Duchess Norfolk (age 41) were divorced. She married John Germain 1st Baronet (age 49) a year later.
On 27th January 1606 the trial of the conspirators took place at Westminster Hall [Map].
The Commissioners were:
Charles Howard 1st Earl Nottingham (age 70).
Thomas Howard 1st Earl Suffolk (age 44).
Edward Somerset 4th Earl of Worcester (age 56).
Charles Blount 1st Earl Devonshire (age 43).
Henry Howard 1st Earl of Northampton (age 65).
Robert Cecil 1st Earl Salisbury (age 42).
John Popham (age 75).
Thomas Fleming (age 61).
Peter Warburton (age 66).
The Effect of the Indictment.
Note. We have broken this very lengthy paragraph up into more manageable chunks..
THAT whereas our Sovereign Lord the King (age 39) had, by the Advice and Assent of his Council, for divers weighty and urgent Occasions concerning, his Majesty, the State, and Defence of the Church and Kingdom of England, appointed a Parliament to be holden at his City of Westminster; That Henry Garnet (age 50), Superior of the Jesuits within the Realm of England, (called also by the several names of Wally, Darcy, Roberts, Farmer, and Henry Philips), Oswald Tesmond Jesuit (age 43), otherwise called Oswald Greenwell, John Gerrard Jesuit (age 41), (called also by the several names of Lee and Brooke), Robert Winter (age 38), Thomas Winter (age 35), Gentlemen, Guy Fawkes (age 35) Gent. otherwise called Guy Johnson, Robert Keyes (age 41) Gent. and Thomas Bates Yeoman, late Servant to Robert Catesby Esquire; together with the said Robert Catesby and Thomas Percy Esquires, John Wright and Christopher Wright Gentlemen, in open Rebellion and Insurrection against his Majesty, lately slain, and Francis Tresham Esq; lately dead; as false Traitors against our said Sovereign Lord the King, did traitorously meet and assemble themselves together; and being so met, the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, did maliciously, falsly, and traitorously move and persuade as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, That our said Sovereign Lord the King, the Nobility, Clergy, and whole Commonalty of the Realm of England, (Papists excepted) were Hereticks; and that all Hereticks were accursed and excommunicate; and that none Heretick could be a King; but that it was lawful and meritorious to kill our said Sovereign Lord the King, and all other Hereticks within this Realm of England, for the Advancing and Enlargement of the pretended and usurped Authority and Jurisdiction of the Bishop of Rome, and for the restoring of the superstitious Romish Religion within this Realm of England.
To which traitorous Persuasions, the said Thomas Winter, Guy Fawkes, Robert Keyes, Thomas Bates, Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traitorously did yield their Assents: And that thereupon the said Henry Garnet, Oswald Tesmond, John Gerrard, and divers other Jesuits; Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as also the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright and Francis Tresham, traitorously amongst themselves did conclude and agree, with Gunpowder, as it were with one Blast, suddenly, traitorously and barbarously to blow up and tear in pieces our said Sovereign Lord the King, the excellent, virtuous and gracious Queen Anne, his dearest Wife, the most noble Prince Henry, their eldest Son, and future Hope and Joy of England; and the Lords Spiritual and Temporal, the Reverend Judges of the Realm, the Knights, Citizens and Burgesses of Parliament, and divers other faithful Subjects and Servants of the King in the said Parliament, for the Causes aforesaid, to be assembled in the House of Parliament; and all them, without any respect of Majesty, Dignity, Degree, Sex, Age or Place, most barbarously, and more than beastly, traitorously and suddenly to destroy and swallow up.
And further did most traitorously conspire and conclude among themselves, That not only the whole Royal Issue-Male of our said Sovereign Lord the King should be destroyed and rooted out; but that the Persons aforesaid, together with divers other false Traitors, traitorously with them to be assembled, should surprize the Persons of the most noble Ladies Elizabeth and Mary, Daughters of our said Sovereign Lord the King, and falsly and traitorously should proclaim the said Lady Elizabeth to be Queen of this Realm: And thereupon should publish a Proclamation in the name of the said Lady Elizabeth; wherein, as it was especially agreed by and between the said Conspirators, That no mention should be made at the first, of the alteration of Religion established within within this Realm of England; neither would the said false Traitors therein acknowledge themselves to be Authors, or Actors, or Devisers of the aforesaid most wicked and horrible Treasons, until they had got sufficient Power and Strength for the assured Execution and Accomplishment of their said Conspiracy and Treason; and that then they would avow and justify the said most wicked and horrible Treasons, as Actions that were in the number of those, Quae non laudantur, nisi peracta, which be not to be commended before they be done: but by the said feign'd and traitorous Proclamation they would publish, That all and singular Abuses and Grievances within this Realm of England, should, for satisfying of the People, be reform'd.
And that as well for the better concealing, as for the more effectual accomplishing of the said horrible Treasons, as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, by the traitorous Advice and Procurement of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, traitorously did further conclude and agree, that as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, thereupon severally and traitorously should receive several corporal Oaths upon the holy Evangelists, and the Sacrament of the Eucharist, That they the Treasons aforesaid would traitorously conceal and keep secret, and would not reveal them, directly or indirectly, by Words or Circumstances, nor ever would desist from the Execution and final Accomplishment of the said Treasons, without the consent of some three of the aforesaid false Traitors first in that behalf traitorously had: And that thereupon as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christ. Wright, and Francis Tresham, did traitorously take the said several corporal Oaths severally, and did receive the Sacrament of the Eucharist aforesaid, by the Hands of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Jesuits.
And further, that the said Thomas Winter, Guy Fawkes,Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright,Christopher Wright, and Francis Tresham, by the like traitorous Advice and Counsel of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Jesuits, for the more effectual compassing and final execution of the said Treasons, did traitorously among themselves conclude and agree to dig a certain Mine under the said House of Parliament, and there secretly, under the said House, to bestow and place a great Quantity of Gunpowder; and that according to the said traitorous Conclusion, the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomes Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, afterwards secretly, not without great labour and difficulty, did dig and make the said Mine unto the midst of the Foundation of the Wall of the said House of Parliament, the said Foundation being of the thickness of three yards, with a traitorous Intent to bestow and place a great Quantity of Gunpowder in the Mine aforesaid, so as aforesaid traitorously to be made for the traitorous accomplishing of their traitorous Purposes aforesaid.
And that the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, finding and perceiving the said Work to be of great difficulty, by reason of the Hardness and thickness of the said Wall; and understanding a certain Cellar under the said House of Parliament, and adjoining to a certain House of the said Thomas Percy, then to be letten to farm for a yearly Rent, the said Thomas Percy, by the traitorous Procurement, as well of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as of the said Robert Catesby, John Wright, and Christopher Wright, traitorously did hire the Cellar aforesaid for a certain yearly Rent and Term: and then those Traitors did remove twenty Barrels full of Gunpowder out of the said House of the said Thomas Percy, and secretly and traitorously did bestow and place them in the Cellar aforesaid, under the said House of Parliament, for the traitorous effecting of the Treason, and traitorous Purposes aforesaid.
And that afterwards the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright traitorously did meet with Robert Winter, John Grant, and Ambrose Rookwood, and Francis Tresham, Esquires; and traitorously did impart to the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, the Treasons, traitorous Intentions and Purposes aforesaid; and did require the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, to join themselves as well with the said Henry Garnet, Oswald Tesmond, John Gerrard, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, in the Treasons, traitorous Intentions and Purposes aforesaid; and traitorously to provide Horse, Armour, and other Necessaries, for the better Accomplishment and effecting of the said Treasons.
To which traitorous Motion and Request, the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, did traitorously yield their Assents, and as well with the said Henry Garnet, Oswald Tesmond, John Gerrard, Robert Winter, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, in the said Treasons, traitorous Intentions and Purposes aforesaid, traitorously did adhere and unite themselves: And thereupon several corporal Oaths, in form abovesaid, traitorously did take, and the Sacrament of the Eucharist, by the hands of the said Jesuits did receive, to such intent and Purpose, as is aforesaid; and Horses, Armour, and other Necessaries for the better effecting of the said Treasons, according to their traitorous Assents aforesaid, traitorously did provide.
And that afterwards all the said false Traitors did traitorously provide, and bring into the Cellar aforesaid ten other Barrels full of Gunpowder, newly bought, fearing lest the former Gunpowder, so as aforesaid bestow'd and placed there, was become dankish; and the said several Quantities of: Gunpowder aforesaid, with Billets and Faggots, lest they should be spy'd, secretly and traitorously did cover.
And that afterwards the said false Traitors traitorously provided, and brought into the Cellar aforesaid, four Hogsheads full of Gunpowder, and laid divers great Iron Bars and Stones upon the said four Hogsheads, and the aforesaid other Quantities of Gunpowder: And the said Quantities of Gunpowder, Bars, and Stones, with Billets and Faggots, lest they should be espy'd, secretly and traitorously did likewise cover.
And that the said Guy Fawkes, afterwards, for a full and final Accomplishment of the said Treasons, traitorous Intentions and Purposes aforesaid, by the traitorous Procurement, as well of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as of the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traitorously had prepared, and had upon his Person Touchwood and Match, therewith traitorously to give fire to the several Barrels, Hogsheads, and Quantities of Gunpowder aforesaid, at the time appointed for the Execution of the said horrible Treasons.
And further, that after the said horrible Treasons were, by the great Favour and Mercy of God, in a wonderful manner discover'd, not many hours before it should have been executed, as well the said Henry Garnet, Oswald Tesmond, John Gerrard, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, traitorously did fly and withdraw themselves, to the intent traitorously to stir up and procure such Popish Persons, as they could, to join with them in actual, publick and open Rebellion against our said Sovereign Lord the King; and to that end did publish divers feigned and false Rumours, that the Papists Throats should have been cut; and that thereupon divers Papists were in Arms, and in open, publick, and actual Rebellion against our said Sovereign Lord the King, in divers Parts of this Realm of England.
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Note. All eight Conspirators were to be hanged, drawn and quartered. The narrative provides the rationale for why this particlar punishment was applied.
The Conclusion shall be from the admirable Clemency and Moderation of the King, in that howsoever these Traitors have exceeded all others their Predecessors in Mischief, and so Crescente Malitia crescere debuit et Pæna; yet neither will the King exceed the usual Punishment of Law, nor invent any new Torture or Torment for them; but is graciously pleased to afford them as well an ordinary Course of Trial, as an ordinary Punishment, much inferior to their Offence.
And surely worthy of Observation is the Punishment by Law provided and appointed for High-Treason, which we call Crimen læsæ Majestatis. For first, after a Traitor hath had his just Trial, and is convicted and attainted, he shall have his Judgement to be drawn to the place of Execution from his Prison, as being not worthy any more to tread upon the Face of the Earth whereof he was made:
Also for that he hath been retrograde to Nature, therefore is he drawn backward at a Horse-Tail. And whereas God hath made the Head of Man the highest and most supreme Part, as being his chief Grace and Ornament, Pronaque cum spectent Animalia cætera terram, Os homini sublime dedit; he must be drawn with his Head declining downward, and lying so near the Ground as may be, being thought unfit to take benefit of the common Air. For which Cause also he shall be strangled, being hanged up by the Neck between Heaven and Earth, as deemed unworthy of both, or either; as likewise, that the Eyes of Men may behold, and their Hearts contemn him. Then he is to be cut down alive, and to have his Privy Parts cut off and burnt before his Face, as being unworthily begotten, and unfit to leave any Generation after him. His Bowels and inlay'd Parts taken out and burnt, who inwardly had conceived and harboured in his heart such horrible Treason. After, to have his Head cut off, which had imagined the Mischief. And lastly, his Body to be quartered, and the Quarters set up in some high and eminent Place, to the View and Detestation of Men, and to become a Prey for the Fowls of the Air.
And this is a Reward due to Traitors, whose Hearts be hardened: For that it is Physic of State and Government, to let out corrupt Blood from the Heart. But, Pænitentia vera numquam, sera sed pænitentia sera raro vera: True Repentance is indeed never too late; but late Repentance is seldom found true: Which yet I pray the merciful Lord to grant unto them, that having a Sense of their Offences, they may make a true and sincere ConFession both for their Souls Health, and for the Good and Safety of the King and this State. And for the rest that are not yet apprehended, my Prayer to God is, Ut aut convertantur ne pereant, aut confundantur ne noceant; that either they may be converted, to the End they perish not, or else confounded, that they hurt not.
After this by the Direction of Master Attorney-General, were their several Examinations (subscribed by themselves) shewed particularly unto them, and acknowledged by them to be their own, and true, wherein every one had confessed the Treason. Then did Master Attorney desire, That albeit that which had been already done and confessed at the Bar, might be all-sufficient for the Declaration and Justification of the Course of Justice then held, especially seeing we have Reos confitentes, the Traitors own voluntary ConFessions at the Bar; yet for further Satisfaction to so great a Presence and Audience, and their better Memory of the Carriage of these Treasons, the voluntary and free ConFessions of all the said several Traitors in writing subscribed with their own proper Hands, and acknowledged at the Bar, by themselves to be true, were openly and distinctly read; By which, amongst other things, it appeared that Bates was absolved for what he undertook concerning the Powder-Treason, and being therein warranted by the Jesuits. Also it appeared, that Hammond the Jesuit, after that he knew the Powder-Treason was discovered, and that these Traitors had been in actual Rebellion, confessed them, and gave them Absolution: And this was on Thursday the 7th of November.
Here also was Mention made by Master Attorney of the ConFessions of Watson and Clarke, Seminary Priests, upon their Apprehension; who affirmed, that there was some Treason intended by the Jesuits, and then in Hand; as might appear.
Note 1 By their continual negotiating at that Time with Spain, which they assured themsleves tended to nothing but a preparation for a foreign Commotion.
Note 2 By their collecting and gathering together such great Sums of Money, as then they had done, therewith to levy an Army when Time should serve.
Note 3 For that sundry of the Jesuits had been tampering with Catholicks, as well to dissuade them from Acceptance of the King at his first coming, saying, That they ought rather to Die, than to admit of any Heretick (as they continually termed his Majesty) to the Crown; and that they might not, under pain of Excommunication, accept of any but a Catholick for their Sovereign; as also to dissuade Catholicks from their Loyalty after the State was settled.
Lastly, In that they had both bought up store of great Horses throughout the Country, and conveyed Powder and Shot, and Artillery secretly to their Friends; wishing them not stir, but keep themselves quiet until they heard from them.
After the reading of their several Examinations, ConFessions, and voluntary Declaration as well of themselves, as of some of their dead Confederates, they were all by the Verdict of the Jury found guilty of the Treasons contained in their Indictment.
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