80 Gunpowder Plot

As concerning the first, being the Persons; they were, Garnet, Gerrard, Tesmond, jesuits not then taken. Thomas Winter, Guy Fawkes, Robert Keyes, Thomas Bates, Everard Digby, Ambrose Rookwood, John Grant, Robert Winter at the bar. Robert Catesby, Thomas Percy, John Wright, Christopher Wright, slain in rebellion. Francis Tresham, lately dead. All grounded Romanists and corrupted scholars of so irreligious and traitorous a school. — As concerning the second, which is the Matter conspired; it was, 1. To deprive the king of his crown. 2. To murder the king, the queen, and the prince. 3. To stir rebellion and sedition in the kingdom. 4. To bring a miserable destruction amongst the subjects. 5. To change, alter, and subvert the religion here established. 6. To ruinate the state of the commonwealth, and to bring in strangers to invade it. — As concerning the third, which is the Mean and Manner how to compass and execute the same; they did all conclude, 1. That the king, and his people (the papists excepted) were hereticks. 2. That they were all cursed, and excommunicated by the pope. 3. That no heretick could be king. 4. That it was lawful and meritorious to kill and destroy the king, and all the said hereticks. — The mean to effect it, they concluded to be, that, 1. The king, the queen, the prince, the lords spiritual and temporal, the knights and burgesses of the parliament, should be blown up with powder. 2. That the whole royal issue male should be destroyed. 3. That they would take into their custody Elizabeth and Mary the king's daughters, and proclaim the lady Elizabeth queen. 4. That they should feign a Proclamation in the name of Elizabeth, in which no mention should be made of alteration of religion, nor that they were parties to the treason, until they had raised power to perform the same; and then to proclaim, all grievances in the kingdom should be reformed. That they also took several oaths, and received the sacrament; first, for secrecy; secondly for prosecution; except they were discharged thereof by three of them. — That after the destruction of the king, the queen, the prince, the royal issue male, the lords spiritual and temporal, the knights and burgesses, they should notify the same to foreign states; and thereupon sir Edmund Baynam, an attainted person of treason, and styling himself prime of the damned crew, should be sent and make the same known to the pope, and crave his aid: an embassador fit both for the message und persons, to be sent betwixt the pope and the devil. — That the parliament being prorogued till the 7th of Feb. they they in December made a mine under the house of parliament, purposing to place their powder there; but the parliament being then further adjourned till the 3d of October, they in Lent following hired the vault, and placed therein 20 barrels of powder. That they took to them, Robert Winter, Grant, and Rookwood, giving them the oaths and sacrament as aforesaid, as to provide munition. — July 20. They laid in ten barrels more of powder, laying upon them divers great bars of iron, and pieces of timber, and great massy stones, and covered the same with faggots, &c. — September 20. They laid in more, 4 hogsheads of powder, with other stores and bars of iron thereupon. — Nov. 4. (The parliament being prorogued to the 5th) at 11 a clock at night, Fawkes had prepared, by the procurement of the rest, touchwood and match, to give fire to the powder the next day. — That the Treason being miraculously discovered, they put themselves, and procured others to enter, into oрея Rebellion: and gave out most untruly, it was for that the Papists throats were to be cut.

Attorney General. (Sir Edward Coke.) It appeareth to your lordships, and the rest of this most honourable and grave assembly, even by that which Mr. Serjeant hath already opened, that these are the greatest treasons that ever were plotted in England, and concern the greatest king that ever was of England. But when this assembly shall further hear, and see discovered the roots and branches of the same, not hitherto published, they will say indeed, Quis hac posteris sic narrare poterit, ut facta non ficta esse videantur? That when these things shall be related to posterity, they will be reputed matters feigned, not done. And therefore in this so great a cause, upon the carriage and event whereof the eye of all Christendom is at this day bent; I shall desire that I may with your patience be somewhat more copious, and not so succinct, as my usual manner hath been; and yet will I be no longer than the very matter itself shall necessarily require. But before I enter into the particular narration of this cause, I hold it fit to give satisfaction to some, and those well affected amongst us, who have not only marvelled, but grieved, that no spoedier expedition hath been used in these proceedings, considering the monstrousness and continual horror of this so desperate a cause. — 1. It is ordo natura, agreeable to the order of nature, that things of great weight and magnitude should slowly proceed, according to that of the poet, 'Tarda solet magnis rebus adesse fides².' And surely of these things we may truly say, Nunquam ante dies nostros talia acciderunt; neither hath the eye of man seen, nor the ear of man heard the like things to these.— 2. Veritas temporis filia, Truth is the daughter of time; especially in this case, wherein by timely and often examinations, 1. Matters of greatest moment have been lately found out. 2. Some known offenders and those capital, but lately, apprehended. 3. Sundry of the principal arch-traitors before unknown, now manifested, as the Jesuits. 4. Heretical, treasonable and damnable books lately found out; one of equivocation, and another, 'De officio Principis Christiani,' of Francis Tresham's. — 3. There have been already twenty and three several days spent in Examinations. — 4. We should otherwise have hanged a man unattainted, for Guy Fawkes passed for a time under the name of John Johnson: so that if by that name greater expedition had been made, and he hanged, though we had not missed of the man, yet the proceeding would not have been so orderly or justifiable. — 5. The king out of his wisdom and great moderation, was pleased to appoint this trial in time of assembly in parliament, for that it concerned especially those of the parliament.

Note 1. Belief is wont to come slowly in great matters. Ovid.

Now touching the offences themselves, they are so exorbitant and transcendent, and aggregated of so many bloody and fearful crimes, as they cannot be aggravated by any inference, argument or circuinstance whatsoever; and that in three respects: First, Because this offence is primæ impressionis, and therefore sine nomine, without any name which might be adæquatum, sufficient to express it, given by any legist, that ever made or writ of any laws. For the highest treason that all they could imagine, they called it only crimen lase majestatis, the violating of the majesty of the prince. But this treason doth want an apt name, as tending not only to the hurt, but to the death of the king, and not the death of the king only, but of his whole kingdom, Non Regis sed Regni, that is, to the destruction and dissolution of the frame and fabrick of this antient, famous, and ever-flourishing monarchy; even the deletion of our whole name and nation: 'And therefore hold not thy tongue, O God, keep not still silence, refrain not thyself, O God; for so lo thine enemies make a murmuring, and they that hate thee have lift up their heads: They have said, Come, and let us root them out, that they be no more a people, and that the name of Israel may be no more in remembrance.' Psal. lxxxiii. 1-5. — Secondly, It is sine exemplo, beyond all examples, whether in fact or fiction, even of the tragick poets, who did beat their wits to represent the most fearful and horrible murders. Thirdly, It is sine modo, without all measure or stint of iniquity; like a mathematical line, which is, divisibilis in semper divisibilia, infinitely divisible. It is treason to imagine or intend the death of the king, queen, or prince. For treason is like a tree whose root is full of poison, and lieth secret and hid within the earth, resembling the imagination of the heart of man, which is so secret as God only knoweth it. Now the wisdom of the law provideth for the blasting and nipping, both of the leaves, blossoms, and buds which proceed from this root of Treason; either by words, which are like to leaves, or by some overt act, which may be resembled to buds or blossoms, before it cometh to such fruit and ripeness, as would bring utter destruction and desolation upon the whole state.

Now as this Powder-Treason is in itself prodigious and unnatural, so it is in the conception and birth inost monstrous, as arising out of the dead ashes of former Treasons. For it had three roots, all planted and watered by Jesuits, and English Romish Catholicks: the first root in England, in December and March; the second in Flanders, in Jane; the third in Spain, in July. In England it had two branches, one in December was twelve months before the death of the late queen of blessed memory; another in March wherein she died. — First in December, A. D. 1601, do Henry Garnet superior of the jesuits in England, Robt. Tesmond, jesuit, Robt. Catesby (who was bono subacto et versuto ingenio et profunda perfidia¹) together with Francis Tresham and others, in the names, and for the behalf of all the English Romish Catholicks, imploy Thomas Winter into Spain, as for the general good of the Romish Catho lick cause; and by him doth Garnet write his letters to father Creswell, jesuit, residing in Spain, in that behalf. With Thos. Winter doth Tesmond, alias Greeneway the jesuit, go as an associate and confederate in that conspiracy. The message (which was principally committed unto the said Winter) was, that he should make a proposition and request to the king of Spain, in the behalf and names of the English Catholicks, That the king would send an army hither into England, and that the forces of the Catholicks in England should be prepared to join with him, and do him service. And further, that he should move the king of Spain to bestow some pensions here in England, upon sundry persons Catholicks, and devoted to his service: and moreover, to give advertisement, that the said king Spain, making use of the general discontentment that young gentlemen and soldiers were in, might no doubt, by relieving their necessities, have them all at his devotion. And because that in all attempts upon England, the greatest difficulty was ever found to be the transportation of horses; the Catholicks in England would assure the king of Spain to have always in readiness for his use and service, 1500 or 2000 horses, against any occasion or enterprize. Now Thomas Winter undertaking this negotiation, and with Tesmond the jesuit coming into Spain, by means of father Creswell the legier jesuit there, as hath been said, had readily speech with Don Pedro Francesa second secretary of state, to whom he imparted his message, as also to the duke of Lerma; who assured him, that it would be an office very grateful to his master, and that it should not want his best furtherance.

Note 1. 'with a good man brought low, and with cunning intellect and deep treachery.'

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 themselves 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.