Stewart Books, Complete Collection of State Trials and Proceedings for High Treason

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.

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.