The Gunpowder-treason with a discourse of the manner of its discovery, and a perfect relation of the proceedings against those horrid conspirators, wherein is contained their examinations, tryals, and condemnations : likewise King James's speech to both houses of Parliament on that occasion, now reprinted : a preface touching that horrid conspiracy, by the Right Reverend Father in God, Thomas, Lord Bishop of Lincoln : and by the way of appendix, several papers or letters of Sir Everard Digby, chiefly relating to the gunpowder-plot, never before printed.

The Brief of the Matters where∣upon Robert Winter, Esq. Thomas Winter, Gent. Guy Fawkes, Gent. Iohn Graunt, Esq. Ambrose Rookwood, Esq. Robert Keyes, Gent. Thomas Bates, were Indicted, and whereupon they were Arraigned.

THat whereas our Sovereign Lord the King had, by the * 1.1 advise and assent of his Council, for divers weigh∣ty 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 Westminister: That Henry Garnet, Superior of the Iesuits within the Realm of Eng∣land, (called also by the several names of Wally, Darcy, Roberts, Farmer, and Henry Philips) Oswald Tesmond Iesuit, otherwise called Oswald Greenwel; John Gerrard Iesuit, (called also by the several names of Lee and Brook) Robert Winter, Thomas Winter, Gentlemen, Guy Fawkes, Gent. otherwise called Guy Johnson; Robert Keyes Gent. and Thomas Bates Yeoman, late Servant to Robert Catesby Esq. together with the said Robert Catesby and Thomas Piercy, Esquires;

John Wright and Christopher Wright, Gent. in open Rebellion and Insurrection against his Majesty, lately slain, and Francis Tresham Esq. lately dead, as false Traitors against our said Sove∣reign Lord the King, did Traiterously meet and assemble themselves together; and being so met, the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Iesuits, did maliciously, falsly, and traiterously move and perswade as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates; as the said Robert Catesby, Thomas Percy, John Wright, Chri∣stopher Wright, and Francis Tresham; That our said Sovereign Lord the King, the Nobility, Clergy, and the whole Commonalty of the Re∣of England (Papists excepted) were Here∣ticks, and that all Hereticks were accursed and Excommunicate; and that no Heretick could be a King, but that it was lawful and meritori∣ous to kill our said Sovereign Lord the King, and all other Hereticks within this Realm of Eng∣land, for the advancing and enlargement of the pretended and usurped Authority and Iuris∣diction of the Bishop of Rome, and for the re∣storing of the Superstitious Romish Religion with∣in this Realm of England. To which Traite∣rous perswasions, the said Thomas Winter, Guy Fawkes, Robert Keyes, Thomas Bates, Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traiterously did yield their assents: And that thereupon the said Henry Garnet, Oswald Tes∣mond, John Gerrard, and divers other Iesuits; Thomas Winter, Guy Fawkes, Robert Keys, and Thomas Bates; as also the said Robert

Catesby, Thomas Percy, John Wright, Chri∣stopher Wright, and Francis Tresham, traite∣rously among themselves did conclude and agree, with Gun-powder, as it were with one blast, suddenly, traiterously, 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, the future Hope and Ioy of England, and the Lords Spiritual and Temporal; the Reverend Iudges 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 of them, without any respect of Majesty, Dignity, Degree, Sex, Age, or Place, most barbarously, and more than beastly, traiterously and suddenly, to destroy and swallow up. And further did most traiterously conspire and conclude among themselves, That not onely 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, traiterously with them to be assembled, should surprise 〈◊〉〈◊〉 Per∣sons of the Noble Ladies, Elizabeth and Mary, Daughters of our said Sovereign Lord the King, and falsly and traiterously should Proclaim said Lady Elizabeth to be the Queen of this Realm of England; and thereupon should pub∣lish a certain traiterous Proclamation in the Name of the said Lady Elizabeth, wherein it was especially agreed, by and between the said Conspirators, That no mention should be made

at the first of the alteration of Religion establish∣ed within this Realm of England; neither would the said false Traitors therein acknowledge themselves to be Authors, or Actors, or Devisors of the foresaid 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 justifie 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 feigned and traite∣rous Proclamation they would publish, That all and singular abuses and grievances within this Realm of England, should, for satisfying of the People, be reformed. And that as well for the better concealing, as for the more effectual ac∣complishing of the said horrible Treasons, as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates; as the said Robert Catesby, Thomas Piercy, John Wright, Chri∣stopher Wright, and Francis Tresham, by the traiterous advice and procurement of the said H•…•…ry Garnet, Oswald Tesmond, John Ger∣rard, and other Iesuits, traiterously did further conclude and agree, That as well the said Tho∣mas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Piercy, John Wright, Christopher Wright, and Francis Tresham, thereupon seve∣rally and traiterously should receive several cor∣poral Oathes upon the holy Evangelists, and the Sacrament of the Eucharist, That they the Trea∣sons aforesaid would traiterously conceal and

keep secret, and would not reveal them directly nor indirectly, by words nor circumstances; nor ever would desist from the execution and final accomplishment of the said Treasons, without the consent of some three of the foresaid false Trai∣tors first in that behalf Traiterously had. And that thereupon, as well the said Thomas Win∣ter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Piercy, John Wright, Christopher Wright, and Francis Tresham, did traiterously take the said several corporal Oathes severally, and did receive the Sacrament of the Eucharist aforesaid by the hands of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Iesuits. And fur∣ther, that the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates; together with the said Robert Catesby, Thomas Piercy, John Wright, Christopher Wright, and Fran∣cis Tresham, by the like traiterous advise and counsel of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Iesuits, for the more effectual compassing and final execution of the said Treasons, did traiterously amongst them selves 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 Gun-powder; and that ac∣cording to the said traiterous conclusion, the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates; together with the said Ro∣bert Catesby, Thomas Piercy, 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 Parlia∣ment, the said foundation being of the thickness of three yards, with a traiterous intent to bestow and place a great quantity of Gunpowder in the Mine aforesaid, so as aforesaid traiterously to be made for the traiterous accomplishing of their traiterous pur∣poses 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 un∣der the said house of Paliament, and adjoyning 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 traiterous procurement as well of the said Henry Garnet, Oswald Tesmond, John John Gerrard and other Iesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as of the said Robert Catesby, John Wright and Christopher Wright, traiterously did hirethe Cellar aforesaid for a certain yeerly Rent and term; & then those Traitors did remove twenty barrels full of gunpowder out of the said house of the said Thomas Percy, and secretly and traiterously did bestow and place them in the Cellar aforesaid under the said House of Parliament, for the traiterous effecting of the Treason, and traiterous purposes aforesaid. And that afterwards the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Iesuits, Thomas Winter, Guy Fawkes, Ro∣bert Keyes and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright and Christopher Wright, traiterously did meet

with Robert Winter, John Grant, and Ambrose Rookwood and Francis Tresham Esquires, and traiterously did impart to the said Robert Winter, John Grant, and Ambrose Rookwood and Fran∣cis Tresham, the Treasons, traiterous intentions and purposes aforesaid, and did require the said Robert Winter, John Grant, Ambrose Rook∣wood and Francis Tresham, to joyn themselves as well with the said Henry Garnet, Oswald Tesmond, John Gerrard, Thomas Winter, Guy Fawkes, Robert Keys and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright and Christopher Wright, and in the Treasons, traiterous intentions, and purposes aforesaid, and traiterously to provide horse, ar∣mour, and other necessaries, for the better ac∣complishment and effecting of the said Treasons; To which traiterous motion and request, the said Robert Winter, John Grant, Ambrose Rook∣wood and Francis Tresham, did traiterously yield their Assents, and as well with the said Henry Garnet, Oswald Tesmond, John Gerrard, Robert Winter, Thomas Winter, Guy Fawkes, Robert Keys, and Thomas Bates, as with the said Rob. Catesby, Thomas Percy, John Wright, Christo∣pher Wright, and Francis Tresham, in the said Treasons, traiterous intentions and purposes afore∣said, traiterously did adhere and unite themselves; And thereupon several corporal Oathes in form abovesaid Traiterously did take, and the Sacra∣ment of the Eucharist by the hand of the said Ie∣suits did receive, to such intent and purpose as is aforesaid; And horses, armour, and other necessa∣ries, for the better effecting of the said Treasons, according to their traiterous assents aforesaid trai∣terously

did provide; And that afterwards all the said false Traitors did traiterously provide and bring into the Cellar aforesaid, ten other barrels full of Gunpowder newly bought, fearing least the former Gunpowder so as aforesaid bestowed and placed there, was become Dankish, and the said several quantities of Gunpowder aforesaid, with Billets and Fagots, least they should be spied, secretly and traiterosly did cover; And that after∣wards the said Traitors traiterously provided and brought into the Cellar aforesaid, four Hogsheads full of Gunpowder, and layed divers great Iron Bars, •…•…nd stones upon the said four Hogsheads, and the 〈◊〉〈◊〉 other quanties of Gunpowder; And the said quanties of Gunpowder, Bars and stones, with Billets and Fagots, lest they should be espied, secretly and traiterously did likewise cover; And that the said Guy Fawkes afterwards for afull and final accomplishment of •…•…he said Treasons, traiterous intentions and purposes aforesaid, by the traiterous procurement as well of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Ie∣suits, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Am∣brose Rookwood, as of the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traiterously had prepared, and had upon his person Touchwood and Match, therewith traiterously to give fire to the several Barrels, Hogsheads and quantities of Gun∣powder aforesaid, at the time appointed for the execution of the said horrible Treasons; And fur∣ther, that after the said horrible Treasons were by the great favour and mercy of God in a wonderful manner discovered, not many hours before it should

have been executed, as well the said Henry Gar∣net, Oswald Tesmond, John Gerard, Robert Winter, Thomas Winter, Robert Keyes, Tho∣mas Bates, John Grant, and Ambrose Rookwood, as the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, Traiterously did flie and withdraw themselves, to the intent Traiterously to stir up, and procure such Popish per∣sons as they could, to joyn with them in actual, publick and open Rebellion, against our said Sove∣reign Lord the King, and to that end did publish divers fained and false rumors, 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.

To this Indictment, they all pleaded, Not Guilty; and put themselves upon God and the Countrey.

Then did Sir Edward Philips Knight, his Majesties Sergeant at Law, open the Indictment to this effect as followeth.

THe matter that is now to be offered to you, my Lords the Commissioners, and to the Trial of you the Knights and Gentlemen of the Jury, is matter of Treason; but of such horrour, and monstrous nature, that before now,

• The Tongue of Man never delivered,
• The Ear of Man never heard,
• The Heart of Man never conceited,

Nor the Malice of Hellish or Earthly Devil ever practised.

For, if it be abominable to murder the least;

If to touch Gods Anointed, be to oppose them∣selves against God;

If (by blood) to subvert Princes, States, and Kingdoms, be hateful to God and Man, as all true Christians must acknowledge;

Then, how much more than too too monstrous shall all Christian hearts judge the horror of this Treason, to murder and subvert,

• Such a King,
• Such a Queen,
• Such a Prince,
• Such a Progeny,
• Such a State,
• Such a Government,

So compleat and absolute;

That God approves:

The World admires:

All true English Hearts honour and re∣verence:

The Pope and his Disciples onely envies and maligns.

The Proceeding wherein is properly to be di∣vided into three general Heads.

• 1. First, Matter of Declaration.
• 2. Secondly, Matter of Aggravation.
• 3. Thirdly, Matter of Probation.

My self am limited to deal onely with the matter of Declaration, and that is contained with∣in the compass of the Indictment onely.

For the other two, I am to leave to him to whose place it belongeth.

The Substance of which Declaration consisteth in four parts.

• 1. First, in the Persons and Qualities of the Conspirators.
• 2. Secondly, in the Matter conspired.
• 3. Thirdly, in the mean and manner of the proceeding and execution of the Con∣spiracy.
• 4. And Fourthly, of the end and purpose why it was so conspired.

As concerning the first, being the Persons.

They were	Garnet,	Jesuits not then taken.
Gerrard,
Tesmond,

Thomas Winter,	At the Bar.
Guy Fawkes,
Robert Keyes,
Thomas Bates,
Everard Digby,
Ambrose Rookewood,
Iohn Graunt,
Robert Winter.

Robert Catesby,	Slain in Rebellion.
Thomas Piercy,
Iohn Wright,
Christopher Wright.

Francis Tresham, Lately dead.

All grounded Romanists, and corrupted Scho∣lars of so Irreligious and Traiterous a School.

As concerning the second, which is the Matter Conspired, it was,

• 1. First, to deprive the King of his Crown.
• 2. Secondly, to murder the King, the Queen, and the Prince.
• 3. Thirdly, to stir Rebellion and Sedition in the Kingdom.
• 4. Fourthly, to bring a miserable destruction among the Subjects.
• 5. Fifthly, to change, alter, and subvert the Re∣ligion here established.
• 6. Sixthly, to ruinate the state of the Common∣wealth, and to bring in Strangers to in∣vade it.

As concerning the third, which is the mean and manner how to compass and execute the same.

They did all conclude,

• 1. First, that the King and his People (the Pa∣pists excepted) were Hereticks.
• 2. Secondly, that they were all cursed, and Ex∣communicate by the Pope.
• 3. Thirdly, that no Heretick could be King.
• 4. Fourthly, 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 Eli∣zabeth and Mary, the Kings 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 Oathes, and re∣ceived the Sacrament; first, for secresie: 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 noti∣fie the same to Foreign States; and there∣upon Sir Edmund Baynam, an attainted person of Treason, and stiling himself prime of the damned Crew, should be sent, and make the same known to the Pope, and crave his aid: An Ambassador fit, both for the Message and Persons, to

be sent betwixt the Pope and the Devil.

That the Parliament being Prorogued till the 7th. of February, they in December made a Mine under the House of Parliament, purposing to place their Powder there: but the Parliament being then further Ad∣journed till the 3d. of October, they in Lent following hired the Vault, and placed therein twenty barrels of powder.

That they took to them Robert Winter, Graunt, and Rookwood, giving them the Oathes and Sacrament as aforesaid, as to provide Munition.

20 Iulii they laid in more ten Barrels of Powder, laying upon them divers great Bars of Iron, and pieces of Timber, and great massie Stones, and covered the same with Fagots, &c.

20 Septemb. they laid in more four Hogsheads of Powder, with other Stones and Bars of Iron thereupon.

4 Novemb. (the Parliament being Prorogued to the 5th.) at eleven a clock at night, Fawkes had prepared (by the procure∣ment of the rest) Touch-wood and Match, to give fire to the Powder the next day.

That the Treason being miraculously disco∣vered, they put themselves, and pro∣cured others to enter into open Rebellion; and gave out most untruly, It was, for that the Papists throats were to be cut.

The Effect of that which Sir Edward Coke, Knight, his Majesties Attorney General, said at the former Arraign∣ment, so near to his own words as it could be taken.

IT appeareth to your Lordships, and the rest of this most Honourable and Grave Assem∣bly, even by that which Mr. Sergeant hath al∣ready opened, that these are the greatest Trea∣sons that ever were plotted in England, and con∣cern 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 in∣deed: Quis haec 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 there∣fore 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 it self shall necessarily require. But before I en∣ter 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 speedier expedi∣tion hath been used in these proceedings, con∣sidering the monstrousness and continual horror of this so desperate a cause.

1. It is Ordo Naturae, agreeable to the order of Nature, that things of great weight and mag∣nitude should slowly proceed, according to that of the Poet, Tarda solet magnis rebus adesse fides. And surely of these things we may truly say, Nunquam ante dies nostros talia acciderunt, Nei∣ther hath the eye of man seen, nor the ear of man heard the like things to these.

2. Veritas Temporis filia, Truth is the daugh∣ter of Time, especially in this case; wherein by timely and often Examinations, First, matters of greatest moment have been lately found out. Se∣condly, some known Offenders, and those capi∣tal, but lately apprehended. Thirdly, sundry of the principal and Arch-traytors before unknown, now manifested, as the Jesuits. Fourthly, Here∣tical, Treasonable, and damnable Books lately found out, one of Equivocation, and another De officio Principis Christiani, of Francis Tre∣sham'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 Iohn Iohnson: 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 con∣cerned especially those of the Parliament.

Now touching the offences themselves, they are so exorbitant and transcendent, and aggrega∣ted

of so many bloody and fearful crimes, as they cannot be aggravated by any inference, argu∣ment or circumstance whatsoever, and that in three respects: First, because this offence is Pri∣mae impressionis, and therefore sine Nomine, with∣out any name which might be adaequatum, suf∣ficient 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 laesae 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 Fa∣brick of this Ancient, Famous, and ever-flou∣rishing Monarchy, even the deletion of our whole Name and Nation: And therefore hold * 1.2 not thy tongue, O God, keep not still silence, refrain not thy self, O God: for loe 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 remem∣brance. Secondly, it is Sine exemplo, beyond all examples, whether in fact or fiction, even of the Tragick Poets, who did beat their wits to repre∣sent the most fearful and horrible murthers. Thirdly, it is Sine modo, without all measure or stint of iniquity, like a Mathematical line, which is Divisibilis in semper divisibilia, infinitely divi∣sible: It is Treason to imagine or intend the the death of the King, Queen, or Prince.

For Treason is like a Tree, whose root is full

of poyson, and lyeth 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 re∣sembled to buds or blossoms, before it cometh to such fruit and ripeness as would bring utter de∣struction and desolation upon the whole State.

It is likewise Treason to kill the Lord Chan∣cellor, Lord Treasurer, or any Justice of the one Bench or other, Justices of Assise, or any other Judge mentioned in the Statute of 25 Edw. 3. sitting in their Judicial places, and exercising their Offices. And the reason is, for that every Judge so sitting by the King's Authority, repre∣senteth the Majesty and Person of the King, and therefore it is Crimen laesae Majestatis, to kill him, the King being always in Judgment of Law present in Court. But in the High Court of Par∣liament, every man by vertue of the King's Au∣thority by Writ under the Great Seal, hath a Ju∣dicial place, and so consequently the killing of every of them had been a several Treason, and Crimen laesae Majestatis. Besides, that to their Treasons were added open Rebellion, Burglary, Robbery, Horse-stealing, &c. So that this offence is such as no man can express it, no example pat∣tern it, no measure contain it.

Concerning Forreign Princes, there was here a protestation made for the clearing of them from all imputation or aspersion whatsoever. First, for that whilst Kingdoms stood in hostility,

hostile Actions are holden honourable and just. Secondly, it is not the King's Serjeant, Attorney, or Solicitor, that in any sort touch or mention them: for we know that great Princes and Per∣sonages are reverently and respectively to be spoken of, and that there is Lex in Sermone tenen∣da. But it is Faux, Winter, and the rest of the Offenders, that have confessed so much as hath been said; and therefore the Kings Councel learned doth but repeat the Offenders Confessi∣on, and charge or touch no other person. They have also slandered unjustly our great Master King Iames, which we onely repeat, to shew the wickedness and malice of the Offenders. Thirdly, so much as is said concerning Foreign Princes, is so woven into the matter of the charge of these Offenders, as it cannot be se∣vered or singled from the rest of the matter. So as it is inevitable, and cannot be pretermitted.

Now as this Powder Treason is in it self prodigious and unnatural, so is it in the Con∣ception and Birth most 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 Iune; the third in Spain, in Iuly. In England it had two Branches; One in December was twelve moneths, before the death of the late Queen of blessed memory: Another in March, wherein she died.

First, in December, Anno Dom. 1601. do Henry Garnet, Superior of the Jesuits in Eng∣land; Robert Tesmond, Jesuit; Robert Catesby, who was (homo subacto & versuto ingenio, &

profunda perfidia) together with Francis Tre∣sham, and others; in the names, and for the behalf of all the English Romish Catholicks, employ Thomas Winter into Spain, as for the general good of the Romish Catholick cause: And by him doth Garnet write his Letters to Father Creswel, Jesuit, residing in Spain, in that behalf. With Thomas 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 Catho∣licks, that the King would send an Army hither into England, and that the Forces of the Ca∣tholicks in England should be prepared to joyn 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 of Spain, making use of the general discontentment that young Gentlemen and Sol∣diers 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 enter∣prise. Now Thomas Winter undertaking this Negotiation, and with Tesmond the Jesuit com∣ing into Spain, by means of Father Creswel

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.

Concerning the place for landing of the King of Spain's Army, which from the English Romish Catholicks he desired might be sent to invade the Land, it was resolved, That if the Army were great, that Essex and Kent were judged fittest. (Where note by the way, who was then Lord Warden of the Cinque Ports) If the Army were small, and trusted upon succour in England, then Milford-Haven was thought more convenient.

Now there being at that time Hostility be∣twixt both Kingdoms, the King of Spain wil∣lingly embraced the motion, saying, That he took the message from the Catholicks very kindly, and that in all things he would respect them with as great care as his proper Castili∣ans. But for his further Answer, and full dis∣patch, Thomas Winter was appointed to attend the Progress. In the end whereof, being in Sum∣mer-time, Count Miranda gave him this An∣swer in the behalf of his Master, That the King would bestow a hundred thousand Crowns to that use, half to be paid that year, and the rest the next Spring following. And withall re∣quired, that we should be as good as our pro∣mise; for the next Spring he meant to be with us, and set foot in England. And lastly, he de∣sired on the Kings behalf of Winter, that he

might have certain advertisement and intelli∣gence, if so it should in the mean time happen that the Queen did die. Thomas Winter, laden with these hopes, returns into England about a month before Christmas, and delivered answer of all that had passed to Henry Garnet, Robert Catesby, and Francis Tresham. But soon after Set that Glorious Light, her Majesty died. Mira cano: Soloccubuit, Nox nulla secuta est.

Presently after whose death was Christopher Wright, another Messenger, sent over into Spain by Garnet, (who likewise did write by him to Creswel for the furtherance of the Negotiation) Catesby and Tresham, in the name and behalf of all the Romish Catholicks in England, as well to carry news of her Majesties death, as also to con∣tinue the aforesaid Negotiation for an Invasion and Pensions, which, by Thomas Winter, had before been dealt in. And in the Spanish Court, about two moneths after his arrival there, doth Christopher Wright meet with Guy Fawkes, who upon the two and twentieth of Iune was em∣ployed out of Flanders from Bruxels, by Sir W•…•…lliam Stanley, Hugb Owen, (whose finger had been in every Treason which hath been of late years detected) and Baldwyn the Leger Jesuit in Flanders; from whom likewise the said Fawkes carried Letters to Creswel in Spain, for the countenancing and furtherance of his •…•…ffairs.

Now the end of Fawkes his employment 〈◊〉〈◊〉 to give advertisement to the King of 〈◊〉〈◊〉, how the King of England was like to •…•…ceed rigorously with the Catholicks, and to run the same course which the late Queen

did; and withall to entreat that it would please him to send an Army into England to Milford Haven where the Romish Catholicks would be ready to assist him, and then the Forces that should be transported in Spinola's Gallies, should be landed where they could most conveniently. And these their several messages did Christopher Wright and Guy Fawkes in the end intimate and propound to the King of Spain. But the King as then very honorably answered them both, that he would not in any wise further listen to any such motion, as having before dispatched an Ambassage into England to Treat concerning peace; Therefore this course by forreign forces fayling, they fell to the Powder plot, Catesby and Tresham being in at all, in the Treason of the Earl of Essex, in the Treason of Watson and Clarke, Seminary Priests, and also in this of the Jesuits, Such a greedy appetite had they to practise against the State.

The rest of that which Master Attorney then spake continuedly, was by himself divided into three general parts. The first containing certain considerations concerning this Treason. The second observations about the same. The third a comparison of this Treason of the Je∣suits, with that of the Seminary Priests, and that other of Rawley and others. For the consi∣derations concerning the Powder Treason, they were in number eight: That is to say, 1 The per∣sons by whom, 2 The persons against whom, 3 The time when, 4 The place where, 5 The means, 6 The end, 7 The secret contriving, And lastly, The admirable discovery thereof.

1 For the persons offending, or by whom,

they are of two sorts: either of the Clergy, or Laity, and for each of them there is a several objection made. Touching those of the Laity, it is by some given out, that they are such men as admit just exception, either desperate in estate, or ba•…•…e, or not setled in their wits, such as are Sine Religione, Sine Sede, Sine Fide, Sine Re, & Sine Spe, without Religion, without habita∣tion, without credit, without means, without hope; But (that no man, though never so wick∣ed, may be wronged) true it is they were Gen∣tlemen of good houses, of excellent parts, how∣soever most perniciously seduced, abused, cor∣rupted, and Jesuited, of very competent fortunes and States; Besides that Percy was of the house of Northumberland, Sir William Stanley, who principally imployed Fawkes into Spain, and Iohn Talbot of Grafton, who at the least is in case of misprision of High Treason, both of great and honorable families. Concerning those of the spiritualty, it is likewise falsly said, that there is never a Religious man in this action. For I never yet knew a Treason without a Romish Priest: but in this there are very many Jesuits, who are known to have dealt, and passed through the whole action: Three of them are Legiers and States men, as Henry Garnet, alias Walley, the Superiour of the Jesuits, Legier here in Eng∣land, Father Creswell Legier Jesuit in Spain, Fa∣ther Baldwin Legier in Flaunders, as Parsons at Rome, besides their Cursory men, as Gerrard, Oswald Tesmonda alias Greenway, Hamond, Hall, and other Jesuits: So that the principal offen∣dors are the seducing Jesuits, men that use the reverence of Religion, yea even the most Sacred

and Blessed name of JESUS as a mantle to cover their impiety, blasphemy, treason, and rebellion, and all manner of wickedness, as by the help of Christ shall be made most apparent to the glory of God, and the honour of our Reli∣gion. Concerning this Sect, their Studies and practises principally consist in two Degrees, to wit, in Deposing of Kings, and Disposing of Kingdoms: their profession and doctrine is a Re∣ligion of distinctions, the greatest part of them being without the text, and therefore in very deed, idle and vain conceits of their own brains, not having Membra dividentia, that is all the parts of the division warranted by the word of God, and Ubi lex non distinguit, nec nos distin∣guere debemus. And albeit that Princes hold their Crowns immediately of and from God, by right of lawful Succession and inheritance inhe∣rent by Royal Blood, yet think these Jesuits with a Goose quill, within four distinctions to remove the Crown from the head of any King christen∣ed, and to deal with them as the old Romans are said to have done with their Viceroys, or petty Kings, who in effect were but Lieutenants unto them, to crown and uncrown them at their plea∣sures. Neither so onely, but they will proscribe and expose them to be butchered by vassals, which is against their own Canons, for Priests to med∣dle in cause of blood. And by this means they would make the condition of a King far worse than that of the poorest creature that breatheth. First saith Simanca. Haeretici omnes ipso Iure * 1.3 sunt excommunicati, & à Communione fidelium diris proscriptionibus separati, & quotannis in coena Domini excommunicantur à Papa: So then

every Heretick stands and is reputed with them as excommunicated and accursed, if not de Facto, yet de Iure, in law and right to all their intents and purposes, therefore may he be deposed, pro∣scribed and murdered. I but suppose he be not a professed Heretick, but dealeth reservedly, and keepeth his conscience to himself, how stands he then? Simanca answers, Quaeri autem solet, An * 1.4 Haereticus occultus excommunicatus sit ipso Iure, & in alias etiam poenas incidat contra Haeriticos statutas? Cui quaestioni simpliciter Iurisperiti respondent, Quòd etsi haeresis occulta sit, nihil∣ominus occultus Haeriticus incidit in illas poenas. Whether he be a known or a secret Heretick all is one, they thunder out the same Judgment and Curse for both: Whereas Christ saith, Nolite Iudicare, Judge not, which is, saith Augustine, Nolite Iudicare de occultis, of those things which are secret. But suppose that a Prince thus ac∣cursed and deposed, will eftsoons return and conform himself to their Romish Church, shall he then be restored to his State, and again receive his Kingdom? Nothing less: For saith Simanca, Si Reges aut alij Principes Christiani facti sint Haeretici, protinus subjecti & vasalli ab eorum do∣minio liberantur. Nec Ius hoc recuperabunt, quam∣vis postea reconcilientur Ecclesiae. O But Sancta Mater Ecclesia nunquam claudit gremium rede∣unti, Our holy Mother the Church never shuts her bosom to any Convert. It is true, say they, but with a distinction, Quoad Animam: There∣fore so he may, and shall be restored, that is, spi∣ritually, in respect of his souls health. Quoad Animam he shall again be taken into the Holy Church, but not Quoad Regnum, in respect of

his Kingdom or State temporal he must not be restored. The reason is, Because all hold only thus far, Modò non sit ad damnum Ecclesiae: So that the Church receive thereby no detriment. I but suppose that such an unhappy deposed Prince have a Son, or lawful and right heir, and he also not to be touched or spotted with his Fathers crime, shall not he at the least succeed and be invested into that Princely estate? Nei∣ther will this down with them: Heresie is a lepro∣sie, an hereditary disease. Et ex leprosis paren∣tibus leprosi generantur filij. Of leprous parents come leprous children. So that saith Simanca: Propter Haeresim Regis, non solum Rex Regno pri∣vatur, sed et ejus filij à Regni successione pellun∣tur, ut noster Lupus, (who is indeed Vir secun∣dùm Nomen ejus, a Wolf as well in nature as name,) luculenter probat. Now if any man doubt whom they here mean by an Heretick, Creswell in his book called Philopater gives a plain reso∣lution, Regnandi Ius amittit (saith he) qui Religionem Romanam deserit, He is the Heretick we speak of, even whosoever forsakes the Reli∣gion of the Church of Rome, he is accursed, de∣prived, proscribed, never to be absolved but by the Pope himself, never to be restored either in himself or his posterity.

One place amongst many out of Creswells Phi∣lopater shall serve to give a taste of the Jesuitical spirits and doctrine, which is Sect. 2. pag. 109. Hinc etiam infert universa Theologorum ac Iuris∣consultorum Ecclesiasticorum schola, (& est cer∣tum & de fide) quemcunque Principem Christia∣num, si à Religione Catholica manifestò diflexerit, & alios avocare voluerit, excidere statim omni

potestate ac dignitate, ex ipsa vi Iuris tum huma∣ni tum divini, hoc que ante dictam sententiam Su∣premi Pastoris ac Iudicis contra ipsum prolatam, & subditos quoscun{que} liberos esse ab omni Iura∣menti obligatione, quod de obedientia tanquam Principi legittimo praestitissent: posse{que} & debere, (si vires habeant) istius modi hominem tanquam Apostatam, hereticum, ac Christi Domini deser∣torem, & reipub. suae Inimicum hostem{que} ex hominum Christianorum dominatu ejicere, nè alios inficiat, vel suo exemplo aut Imperio à fide avertat; at{que} haec certa, definita & indu∣bitata virorum doctissimorum sententia. That is, this inference also doth the whole School both of Divines and Lawyers make, (and it is a Posi∣tion certain, and to be undoubtedly believed) that if any Christian Prince whatsoever, shall manifestly turn from the Catholick Religion, and desire or seek to reclaim other men from the same, he presently falleth from all Princely Power and Dignity, and that also by vertue and force of the Law it self, both Divine and Hu∣mane, even before any Sentence pronounced against him by the Supreme Pastor and Judge. And that his Subjects, of what estate or con∣dition soever, are freed from all Bond of Oath of Allegiance, which at any time they had made unto him, as to their lawful Prince. Nay, that they both may and ought (provided they have competent strength and force) cast out such a man from bearing rule amongst Christians, as an Apostate, an Heretick, a backslider and revolter from our Lord Christ, and an enemy to his own State and Common-Wealth, lest perhaps he might infect others, or

by his example or command turn them from the Faith. And this is the certain, resolute, and undoubted Judgment of the best learned men. But Tresham in his Book De Officio Principis Christiani, goeth beyond all the rest; for he plainly concludeth and determineth, that if any Prince shall but favour, or shew countenance to an Heretick, he presently loseth his Kingdom. In his fifth Chapter he propoundeth this Pro∣blem, An aliqua possit secundum Conscientiam Subditis esse Ratio, cur legitimo suo Regi, bellum sine scelere moveant? Whether there may be any lawful cause, justifiable in Conscience, for Sub∣jects to take Arms, without sin, against their law∣ful Prince and Sovereign? The resolution is, Si Princeps haereticus sit, & obstinatè ac pertinaciter intolerabilis, summi Pastoris divina potestate de∣ponatur, & aliud caput constituatur, cui Subditi se jungant, & legitimo ordine & authoritate ty∣rannidem amoveant. Princeps indulgendo haereti∣cos non solùm Deum offendit, sed perdit & Reg∣num, & gentem. Their conclusion therefore is; That for heresy, as above is understood, a Prince is to be deposed, and his Kingdom bestow∣ed by the Pope at pleasure; and that the people, upon pain of damnation, are to take part with him whom the Pope shall so Consti∣tute over them. And thus whilst they imagine with the wings of their light-feathered distin∣ctions to mount above the Clouds and level of vulgar conceits, they desperately fall into a Sea of gross absurdities, blasphemy and impiety. And surely the Jesuits were so far engaged in this Treason, as that some of them stick not to say, that if it should miscarry, that they were utterly

undone, and that it would overthrow the State of the whole Society of the Jesuits: And I pray God that in this they may prove true Prophets, that they may become like the Order of Tem∣plarii, so called, for that they kept near the Sepul∣cher at Ierusalem, who were by a general and universal Edict in one day throughout Christen∣dom quite extinguished, as being Ordo impieta∣tis, an Order of impiety. And so, from all Se∣dition and privy Conspiracy; from all false Do∣ctrine and Heresie; from hardness of heart, and contempt of thy Word and Commandment, Good Lord deliver us. Their protestations and pre∣tences, are to win souls to God, their proofs weak, light, and of no value; their conclusions false, damnable, and damned heresies: The first mentioneth God, the second savoureth of weak and frail Man, the last of the Devil, and their practise easily appeareth out of the dealing of their holy Father.

Henry the Third of France, for killing a Car∣dinal, was Excommunicated, and after murder∣ed by Iames Clement a Monk: That Fact doth Sixtus Quintus, then Pope, instead of orderly censuring thereof, not only approve, but com∣mend in a long Consistory Oration: That a Monk, a Religious man, saith he, hath slain the unhappy French King in the midst of his Host; It is rarum, insigne, memorabile facinus; a rare, a notable, and a memorable Act; yea further, It is Facinus non sine Dei Optimi Maximi parti∣culari providentia & dispositione, &c. A Fact done not without the special Providence and ap∣pointment of our good God, and the suggestion and assistance of his holy Spirit; yea, a far

greater work than was the slaying of Holofernes by holy Iudith.

Verus Monachus fictum occiderat, A true Monk had killed the false Monk, for that, as was re∣ported, Henry the Third sometimes would use that habit when he went in Procession. And for France, even that part thereof which entertain∣eth the Popish Religion, yet never could of an∣cient time brook this usurped Authority of the Sea of Rome: Namely, that the Pope had pow∣er to Excommunicate Kings, and Absolve Sub∣jects from their Oath of Allegiance. Which Position is so directly opposite to all the Canons of the Church of France, and to all the De∣crees of the King's Parliament there, as that the very Body of Sorbone, and the whole University of Paris condemned it as a most schismatical, pestilent, and pernicious Doctrine of the Jesuits, as may appear in a Treatise made to the French King, and set out 1602. Entituled Le Franc Discours. But to return to the Jesuits, Catesby was resolved by the Jesuits, that the Fact was both lawful and meritorious, and herewith he perswaded and setled the rest, as any seemed to make doubt.

Concerning Thomas Bates, who was Catesby's man, as he was wound into this Treason by his Master, so was he resolved, when he doubted of the lawfulness thereof, by the Doctrine of the Jesuits. For the manner, it was after this sort; Catesby noting that his man observed him extra∣ordinarily, as suspecting somewhat of that which he the said Catesby went about, called him to him at his Lodging in Puddle-Wharf, and in the presence of Thomas Winter, asked him what he

thought the business was they went about, for that he of late had so suspiciously and strangely mark'd them. Bates answered, that he thought they went about some dangerous matter, what∣soever the particular were: whereupon they as∣ked him again, what he thought the business might be? and he answered, that he thought they intended some dangerous matter about the Parliament-House, because he had been sent to get a Lodging near unto that place. Then did they make the said Bates take an Oath to be se∣cret in the Action, which being taken by him, they then told him that it was true, that they were to execute a great matter; namely, to lay Powder under the Parliament-House to blow it up. Then they also told him that he was to re∣ceive the Sacrament for the more assurance, and thereupon he went to Confession to the said Tes∣mond the Jesuit; and in his Confession told him, that he was to conceal a very dangerous piece of work, that his Master Catesby and Thomas Win∣ter had imparted unto him, and said he much feared the matter to be utterly unlawful, and therefore therein desired the counsel of the Je∣suit, and revealed unto him the whole intent and purpose of blowing up the Parliament-House upon the first day of the Assembly, at what time the King, the Queen, the Prince, the Lords Spi∣ritual and Temporal, the Judges, the Knights, Citizens, and Burgesses, should all have been there Convented, and met together. But the Jesuit being a Confederate therein before, re∣solved and encouraged him in the Action, and said that he should be secret in that which his Master had imparted unto him, for that it was

for a good cause. Adding moreover, that it was not dangerous unto him, nor any offence to conceal it: And thereupon the Jesuit gave him Absolution, and Bates received the Sacrament of him, in the company of his Master Robert Catesby, and Thomas Winter. Also when Rook∣wood, in the presence of sundry of the Traitors, (having first received the Oath of Secresie) had, by Catesby, imparted unto him the Plot of the blowing up of the King and State; the said Rook∣wood being greatly amazed thereat, answered, That it was a matter of Conscience to take away so much blood. But Catesby replied, That he was resolved, and that by good Authority, (as coming from the Superiour of the Jesuits) that in Conscience it might be done, yea, though it were with the destruction of many Innocents, rather than the Action should quail. Likewise Father Hammond absolved all the Traitors at Robert Winters house, upon Thursday after the Discovery of the Plot, they being then in open Rebellion: And therefore, Hos, O Rex, magne caveto, and let all Kings take heed how they either favour, or give allowance or connivance unto them.

2. The second Consideration respecteth the Persons against whom this Treason was intend∣ed, which are, 1. The King, who is Gods An∣ointed; nay, it hath pleased God to commu∣nicate unto him his own name, Dixi Dii estis, not Substantially or Essentially so; neither yet on the other side Usurpativè, by unjust Usurpa∣tion, as the Devil and the Pope; but Potestati∣vè, as having his Power derived from God within his Territories. 2. Their Natural Liege

Lord and Dread Sovereign, whose just Interest and Title to his Crown may be drawn from before the Conquest; and if he were not a King by Descent, yet deserved he to be made one for his rare and excellent Endowments and Or∣naments both of Body and Mind. Look into his true and constant Religion and Piety, his Justice, his Learning above all Kings Christned, his Acumen, his Judgment, his Memory; and you will say that he is indeed, Solus praeteritis major, meliorque futuris. But because I cannot speak what I would, I will forbear to speak what I could. Also against the Queen, a most gracious and graceful Lady, a most virtuous, fruitful, and blessed Vine, who hath happily brought forth such Olive Branches, as that in benedictione erit memoria ejus, her memory shall be blessed of all our posterity. Then against the Royal Issue Male, next under God, and after our Sovereign, the future hope, com∣fort, joy, and life of our State. And as for preserving the good Lady Elizabeth, the Kings Daughter, it should onely have been for a time to have served their purposes, as being thought a fit project to keep others in appetite for their own further advantage; and then, God know∣eth what would have become of her. To con∣clude, against all the most Honourable and Prudent Counsellors, and all the true hearted and worthy Nobles, all the Reverend and Learned Bishops, all the grave Judges and Sa∣ges of the Law, all the principal Knights, Gen∣try, Citizens, and Burgesses of Parliament, the Flower of the whole Realm. Horret Animus, I tremble even to think of it. Miserable deso∣lation!

no King, no Queen, no Prince, no Issue Male, no Counsellors of State, no Nobi∣lity, no Bishops, no Judges. O barbarous, and more than Scythian or Thracian cruelty! No Mantle of Holiness can cover it, no pretence of Religion can excuse it, no shadow of good in∣tention can extenuate it; God and Heaven condemn it, Man and Earth detest it, the Offen∣ders themselves were ashamed of it, wicked peo∣ple exclaim against it, and the Souls of all true Christian Subjects abhor it. Miserable, but yet sudden had their ends been, who should have died in that fiery Tempest and storm of Gun∣powder: but more miserable had they been that had escaped. And what horrible effects the blowing up of so much Powder and Stuff would have wrought, not onely amonst Men and Beasts, but even upon insensible Creatures, Churches and Houses, and all places near ad∣joyning, you who have been Martial men best know. For my self, Vox faucibus haeret: so that the King may say with the Kingly Pro∣phet David, O Lord, the proud are risen against * 1.5 me, and the congregation, even Synagoga, the synagogue of naughty men have sought after my soul, and have not set thee before their eyes. And as it is, Psal. 140. 5. The proud have laid a snare for me, and spread a net abroad, yea, and set traps in my way. But let the ungodly fall into * 1.6 their own nets together, and let me ever escape them. We may say, If the Lord himself had not * 1.7 been on our side, yea, if the Lord himself had not been on our side when men rose up against us, they had swallowed us up quick, when they were so wrathfully displeased at us. But praised be

the Lord, which hath not given us over for a prey unto their teeth. Our soul is escaped even as a bird out of the snare of the fowler; the snare is broken, and we are delivered. Our help stand∣eth in the name of the Lord, which hath made heaven and earth.

3. The third Consideration respects the time when this Treason was conspired: wherein note, that it was primo Iacobi, even at that time when his Majesty used so great lenity to∣wards Recusants, in that by the space of a whole year and four months, he took no Penalty by Statute of them. So far was his Majesty from severity, that besides the benefit and grace be∣fore specified, he also honoured all alike with advancement and favours; and all this was con∣tinued until the Priests Treason by Watson and Clark. But as there is Misericor dia puniens, so is there likewise Crudelitas parcens; for they were not onely by this not reclaimed, but (as plainly appeareth) became far worse. Nay, the Romish Catholiks did at that very time certifie, that it was very like, the King would deal ri∣gorously with them; and the same do these Traitors now pretend as the chiefest motive: whereas indeed they had Treason on foot against the King before they see his face in England. Neither afterwards for all the lenity he used towards them, would any whit desist or relent from their wicked attempts. Nay (that which cometh next to be remembred in this part of their Arraignment) they would pick out the time of Parliament for the execution of their hideous Treasons, wherein the flour of the land being assembled, for the honour of God,

the good of his Church, and this Common∣wealth, they might, as it were, with one blow, not wound, but kill and destroy the whole State. So that with these men, Impunitas con∣tinuum affectum tribuit peccandi, Lenity having once bred a hope of Impunity, begat not onely Insolency, but Impenitency and increase of sin.

4. We are to consider the place, which was the Sacred Senate, the House of Parliament. And why there? For that, say they, unjust Laws had formerly been there made against Catho∣licks; therefore that was the fittest place of all others to revenge it, and to do Justice in. If any ask, who should have executed this their Ju∣stice, it was Justice Fawkes, a man like enough to do according to his name. If by what Law they meant to proceed? It was Gun-powder Law, fit for Justices of Hell. But concerning those Laws which they so calumniate as unjust, it shall in few words plainly appear, that they were of the greatest, both moderation and equi∣ty that ever were any: For from the year 1 Eliz. unto 11. all Papists came to our Church and Service without scruple. I my self have seen Cornewallis, Beddingfield, and others, at Church. So that then, for the space of ten years, they made no conscience nor doubt to Communicate with us in Prayer: But when once the Bull of Pope Pius Quintus was come and published, wherein the Queen was accursed and deposed, and her Subjects discharged of their Obedience and Oath, yea, cursed if they did obey her; then did they all forthwith re∣frain the Church, then would they have no more

society with us in Prayer. So that Recusancy in them is not for Religion, but in an acknow∣ledgment of the Popes Power, and a plain manifestation what their judgment is concern∣ing the right of the Prince in respect of Regal Power and Place. Two years after, viz. Anno 13 Eliz. was there a Law made against the bringing in of Bulls, &c. Anno 18. came M•…•…yne a Priest to move sedition. Anno 20. came Campion the first Jesuit, who was sent to make a Party here in England, for the execution of the former Bull. Then follows Treasonable Books. Anno 23 Eliz. after so many years sufferance, there were Laws made against Recusants and sediti∣ous Books. The Penalty or Sanction for Recu∣sancy was not loss of Life, or Limb, or whole Estate; but onely a pecuniary Mulct and Pe∣nalty, and that also until they would submit and conform themselves, and again come to Church, as they had done for ten years before the Bull. And yet afterwards the Jesuits and Romish Priests, both coming daily into, and swarming within the Realm, and infusing continually this poison into the Subjects hearts, that by reason of the said Bull of Pius Quintus, her Majesty stood Excommunicated and deprived of her King∣dom, and that her Subjects were discharged of all obedience to her, endeavouring by all means to draw them from their Duty and Allegiance to her Majesty, and to reconcile them to the Church of Rome. Then 27 Eliz. a Law was made, That it should be Treason for any (not to be a Priest and an Englishman, born the Queens Natural Subject) but for any being so born her Subject, and made a Romish Priest, to come

into any of her Dominions, to infect any her Loyal Subjects with their treasonable and damnaable perswasions and practises: Yet so, that it concerned onely such as were made Priests sithence her Majesty came to the Crown, and not before.

Concerning the execution of these Laws, it is to be observed likewise, that whereas in the Quinquenny, the five years of Queen Mary, there were cruelly put to death about 300 per∣sons for Religion; In all her Majesties time, by the space of 44 years and upwards, there were for treasonable practises executed in all not 30 Priests, nor above five receivers and harborers of them; and for Religion, not any one. And here by the way, I desire those of Parliament to observe, that it is now questioned and doubted, Whether the Law of Recusants and reconciled Persons do hold for Ireland also, and the parts be∣yond the Seas; that is, Whether such as were there reconciled, be within the compass of the Statute or not, to the end it may be cleared and provided for.

Now against the Usurped Power of the Sea of Rome, we have of former times about thirteen several Acts of Parliament: So that the Crown and King of England is no ways to be drawn under the Government of any Foreign Power whatsoever; neither oweth duty to any, but is immediately under God himself. Concerning the Popes, for thirty three of them, namely, unto Silvester, they were famous Martyrs; but, Quicunque desiderat primatum in terris, inve∣niet confusionem in coelis: He that desires Pri∣macy

upon Earth, shall surely find confusion in Heaven.

The fifth consideration is of the end, which was, to bring a final and fatal confusion upon the State. For howsoever they sought to sha∣dow their Impiety with the Cloak of Religion, yet they intended to breed a confusion fit to get new Alterations; for they went to joyn with Romish Catholicks, and discontented persons.

Now the sixth point, which is the means to compass and work these designs, were damnable, by Mining, by six and thirty Barrels of Powder, having Crows of Iron, Stones, and Wood, laid upon the Barrels, to have made the Breach the greater. Lord, what a Wind, what a Fire, what a Motion and Commotion of Earth and Air would there have been! But, as it is in the Book of Kings, when Elias was in the Cave in Mount Horeb, and that he was called forth to stand before the Lord, behold a mighty strong Wind rent the Mountains, and brake the Rocks, sed non in vento Dominus, but the Lord was not in the Wind. And after the Wind came a Commotion of the Earth and Air: Et non in Commotione Dominus, the Lord was not in that Commotion. And after the Commotion came Fire, Et non in igne Dominus, the Lord was not in the Fire. So neither was God in any part of this monstrous Action. The Authors whereof were, in this respect, worse than the very damned Spirit of Dives, who, as it is in the Gospel, desired that others should not come in locum tormentorum.

7. The next consideration is the secret con∣triving and carriage of this Treason, to which purpose there were four means used. First, Catesby was commended to the Marquis for a Regiment of Horse in the Low-Countreys, (which is the same that the Lord Arundel now hath) that under that pretence he might have furnished this Treason with Horses with∣out suspicion. The second means was an Oath, which they solemnly and severally took, as well for secresie, as perseverance and constancy in the execution of their Plot. The form of the Oath was as followeth,

YOu shall swear by the Blessed Trinity, and by the Sacrament you now purpose to receive, never to disclose directly nor indirectly, by word or circumstance, the matter that shall be propo∣sed to you to keep secret, nor desist from the exe∣cution thereof, until the rest shall give you leave.

This Oath was by Gerrard the Jesuit given to Catesby, Piercy, Christopher Wright, and Thomas Winter at once, and by Greenwel the Jesuit to Bates at another time, and so to the rest.

The third was the Sacrament, which they impiously and devillishly prophan'd to this end. But the last was their perfidious and perjurious equivocating, abetted, allowed, and justified by the Jesuits, not onely simply to conceal or de∣ny an open truth, but Religiously to aver, to

protest upon Savation, to swear that which themselves know to be most false; and all this, by reserving a secret and private sense in∣wardly to themselves, whereby they are by their Ghostly Fathers persuaded, that they may safely and lawfully delude any question whatsoever. And here was shewed a Book written not long before the Queens death, at what time Thomas Winter was employed into Spain, entituled, A Treatise of Equivocation; which Book being seen and allowed by Garnet, the Superior of the Jesuits, and Blackwel the Arch-priest of England, in the beginning thereof, Garnet, with his own hand, put out those words in the Title of Equivocation, and made it thus, A Trea∣tise against Lying, and Fraudulent Dissimulation; whereas indeed and truth it makes for both, Speciosáque nomina Culpae Imponis Garnette tuae. And in the end thereof, Blackwel besprinkles it with his Blessing, saying, Tractatus iste, valde doctus & verè pius, & Catholicus est. Certe S. Scripturarum, Patrum, Doctorum, Scholastico∣rum, Canonistarum & optimarum Rationum praesidiis plenissimè firmat aequitatem aequivoca∣tionis. Ideoque dignissimus est qui Typis propage∣tur, ad consolationem afflictorum Catholicorum, & omnium piorum instructionem. That is, This Treatise is very Learned, Godly, and Catholick, and doth most fully confirm the Equity of Equi∣vocation, by strong proofs out of holy Scri∣ptures, Fathers, Doctors, School-men, Cano∣nists, and soundest reasons; and therefore wor∣thy to be published in Print, for the comfort of afflicted Catholicks, and instruction of all the godly.

Now in this Book there is, Propositio mentalis, verbalis, scripta, and mixta, distinguishing of a mental, a verbal, a written, and a mixt Propo∣sition, a very labyrinth to lead men into error and falshood. For example, to give you a little taste of this Art of cozening.

A man is asked upon Oath this question, Did you see such an one to day? he may, by this Do∣ctrine, answer No, though he did see him, viz. reserving this secret meaning, not with purpose to tell my Lord Chief Justice. Or, I see him not, Visione beatifica, or, not in Venice, &c. Like∣wise, to answer thus, I was in the company, re∣serving and intending secretly, as added, this word Not: As Strange the Jesuit did to my Lord Chief Justice and my self: Take one or two of these out of that very Book, as for purpose. A man cometh unto Coventry in time of a sus∣picion of Plague, and at the Gates the Officers meet him, and upon his Oath examine him, whether he came from London or no, where they think certainly the Plague to be: This man knowing for certain the Plague not to be at London, or at least knowing that the Air is not there infectious, and that he only rid through some secret place of London, not staying there, may safely swear he came not from London, an∣swering to their final intention in their demand, that is, whether he came so from London, that he may endanger their City of the Plague, al∣though their immediate intention were to know whether he came from London or no. That man (saith the Book) the very light of nature would clear from Perjury. In like manner, one being Convented in the Bishop's Court, because

he refuseth to take such a one to his Wife, as he had Contracted with per verba de praesenti, ha∣ving Contracted with another privily before, so that he cannot be Husband to her that claimeth him, may answer, that he never Contracted with her per verba de praesenti, understanding that he did not so Contract that it was a Marriage, for that is the final intention of the Judge, to know whether there were a sufficient Marriage between them or no Never did Father Cranmer, Father Latimer, Father Ridley, those blessed Martyrs know these shifts, neither would they have used them to have saved their lives. And surely let every good man take heed of such Jurors or Witnesses, there being no Faith, no bond of Re∣ligion or Civility, no Conscience of Truth in such men, and therefore the conclusion shall be that of the Prophet David: Domine, libera Ani∣mam meam à labiis iniquis & à lingua dolosa; Deliver me, O Lord, from lying lips, and from a deceitful tongue.

S. P. Q. R. Was sometimes taken for these words, Senatus Populus{que} Romanus, the Senate and People of Rome, but now they may truly be expressed thus, Stultus Populus quaerit Ro∣mam: A foolish people that runneth to Rome. And here was very aptly and delightfully in∣serted and related the Apologue or Tale of the Cat and the Mice. The Cat having a long time preyed upon the Mice, the poor creatures at last, for their safety, contained themselves within their holes; but the Cat finding his prey to cease, as being known to the Mice, that he was indeed their enemy, and a Cat, deviseth this course fol∣lowing, viz. changeth his hue, getteth on a Re∣ligious

habit, shaveth his crown, walks gravely by their holes: And yet perceiving that the Mice kept their holes, and looking out, suspected the worst, he formally, and Father-like said unto them, Quod fueram non sum, frater, caput aspice tonsum: Oh Brother, I am not as you take me for, no more a Cat, see my habit, and shaven crown. Hereupon some of the more credulous and bold among them, were again by this de∣ceit snatched up; and therefore when afterwards he came as before to entice them forth, they would come out no more, but answered, Cor tibi restat idem, vix tibi proesto fidem, Talk what you can, we will never believe you, you have still a Cats heart within you: you do not watch and pray, but you watch to prey. And so have the Jesuits, yea, and Priests too; for they are all joyned in the tails like Sampson's Foxes, Ephraim against Manasses, and Manasses against Ephraim, but both against Iuda.

8. The last Consideration is, concerning the admirable discovery of this Treason, which was by one of themselves, who had taken the Oath and Sacrament, as hath been said, against his own will: The means was, by a dark and doubtful Letter sent to my Lord Mountegle. And thus much as touching the Considerations; the Ob∣servations follow, to be considered in this Pow∣der-Treason, and are briefly thus.

1. If the Cellar had not been hired, the Mine-work could hardly or not at all have been discovered; for the Mine was neither found, nor suspected, until the danger was past, and the Ca∣pital Offenders apprehended, and by themselves, upon Examination, confessed.

2. How the King was Divinely illuminated by Almighty God, the only Ruler of Princes, like an Angel of God, to direct and point as it were to the very place, to cause a search to be made there, out of those dark words of the Letter con∣cerning a terrible Blow.

3. Observe a miraculous accident which be∣fel in Stephen Littleton's house, called Holbach in Staffordshire, after they had been two days in open Rebellion, immediately before the ap∣prehension of these Traitors: For some of them standing by the fire-side, and having set 2l. and di. of Powder to drie in a Platter before the fire, and under-set the said Platter with a great linen bag, full of other Powder, containing some fif∣teen or sixteen pounds; it so fell out, that one coming to put more wood into the fire, and casting it on, there flew a coal into the Platter, by reason whereof, the Powder taking fire and blowing up, scorched those who were nearest, as Catesby, Graunt, and Rookewood, blew up the roof of the house, and the linnen bag which was set under the Platter being therewith sud∣denly carried out through the Breach, fell down in the Court-yard whole and unfired; which if it had took fire in the room, would have slain them all there, so that they never should have come to this Trial. And, Lex justior ulla est, Quàm necis artifices arte perire sua?

4. Note, That Gun-powder was the invention of a Friar, one of that Romish Rabble; as Printing was of a Soldier.

5. Observe the sending of Rainham, one of the damned Crew, to the High Priest of Rome, to

give signification of this blow, and to crave his direction and aid.

6. That for all their stirring and rising in open Rebellion, and notwithstanding the false Rumors given out by them, that the throats of all Catholicks should be cut; such is his Ma∣jesties blessed Government, and the Loyalty of his Subjects, as they got not any one man to take their parts besides their own company.

7. Observe, the Sheriff, the ordinary Mini∣ster of Justice, according to the duty of his Of∣fice, with such power as he on a sudden by Law collected, suppressed them.

8. That God suffered their intended mischief to come so near the period, as not to be disco∣vered but within few hours before it should have been executed.

9. That it was in the entring of the Sun into the Tropick of Capricorn, when they began their Mine; noting, that by Mineing they should descend, and by Hanging a∣scend.

10. That there never was any Protestant Minister in any Treason and Murder, as yet at∣tempted within this Realm.

I am now come to the last part, which I pro∣posed * 2.1 in the beginning of this discourse, and that is, touching certain Comparisons of this Powder Treason of the Jesuits, with that of Ra∣leigh, and the other of the Priests, Watson and Clark. 1. They had all one end, and that was the Romish Catholick cause. 2. The same means, by Popish and discontented persons, Priests and Lay-men. 3. They all plaid at ha∣zard; the Priests were at the By, Raleigh at the

Main, but these in at all, as purposing to destroy all the Kings Royal Issue, and withall the whole Estate. 4. They were all alike obliged by the same Oath and Sacrament. 5. The same Proclamations were intended (after the fact) to be published for reformation of abuses. 6. The like Army provided for invading, to land at Milford-haven, or in Kent. 7. The same Pen∣sions of Crowns promised. 8. The agreeing of the times of the Treason of Raleigh and these men, which was, when the Constable of Spain was coming hither, and Raleigh said, there could be no suspicion of any Invasion, seeing that the Constable of Spain was then expected for a Treaty of Peace; and the Navy might be brought to the Groine under pretence of the Service in the Low-Countreys. And Raleigh fur∣ther said, That many more were hanged for words than for deeds. And before Raleigh's Treason was discovered, it was reported in Spain, That Don Raleigh and Don Cobham should cut the King of England's throat. I say not that we have any proofs, that these of the Powder-plot were acquainted with Raleigh, or Raleigh with them: but as before was spoken of the Jesuits and Priests, so they all were joyned in the ends, like Samson's Foxes in the tails, howsoever se∣vered in their heads.

The Conclusion shall be, from the admirable * 2.2 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 & Poena; yet neither will the King exceed the usual punish∣ment 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 inferiour to their offence. And surely worthy of observation is the punishment by Law provided and appoint∣ed for High Treason, which we call Crimen laesae Majestatis. For first, after a Traitor hath had his just Trial, and is convicted and attainted, he shall have his judgment 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 backwards 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: Pronáque cum spectent Animalia cae∣tera 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 is he 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 ge∣neration after him. His bowels and inlayed parts taken out and burnt, who inwardly had con∣ceived and harboured in his heart such horrible Treason. After, to have his head cut off, which had imagined the mischief. And lastly, his bo∣dy 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 Fouls of the Air. And this is a reward due to Traitors, whose hearts be hardned: for that it is Physick of State and Government, to let out cor∣rupt blood from the heart. But, Poenitentia vera nunquam sera, sed paenitentia sera rarò 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 confundan∣tur ne noceant; that either they may be con∣verted, to the end they perish not, or else con∣founded that they hurt not.

After this, by the direction of Master Attor∣ney 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 At∣torney desire, that albeit that which had been already done and confessed at the Bar, might be all-sufficient for the Declaration and Justifica∣tion 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 car∣riage 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 them∣selves to be true, were openly and distinctly read. By which, amongst other things, it ap∣peared, that Bates was resolved for what he un∣dertook 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 Re∣bellion, Confessed them and gave them Absolu∣tion; and this was on Thursday the 7th. of No∣vember. Here also was mention made by Ma∣ster Attorney, of the Confessions of Watson and Clark, Seminary Priests, upon their apprehen∣sion, who affirmed, That there was some Trea∣son intended by the Jesuits, and then in hand, as might appear; First, by their continual ne∣gotiating at that time with Spain, which they assured themselves tended to nothing, but a pre∣paration for a Foreign commotion.

2. By their collecting and gathering toge∣ther such great sums of money, as then they had done, therewith to levy an Army when time should serve.

3. For that sundry of the Jesuits had been tampering with Catholicks, as well to disswade 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 con∣tinually termed his Majesty) to the Crown: And that they might not, under pain of Excom∣munication, accept of any but a Catholick for their Sovereign; as al•…•… to disswade Catholicks from their Loyalty, after the State was setled.

Lastly, in that they had both bought up store of great Horses throughout the Countrey, and conveyed Powder, and Shot, and Artillery secretly to their Friends, wishing them not to stir, but keep themselves quiet until they heard from them.

After the reading of their several Examina∣tions, Confessions, and voluntary Declarations, 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 con∣tained in their Indictment; and then being se∣verally asked what they could say, wherefore Judgment of Death should not be pronounced against them, there was not one of these (ex∣cept Rookwood) who would make any conti∣nued Speech, either in defence or extenuation of the fact. Thomas Winter onely desired, that he might be Hanged both for his Brother and himself. Guy Fawkes being asked why he pleaded Not Guilty, having nothing to say for his excuse, answered, That he had so done in respect of certain conferences mentioned in the Indictment, which, he said, that he knew not of; which were answered to have been set down according to course of Law, as necessarily presupposed before the resolution of such a design. Keyes said, That his Estate and Fortunes were desperate, and as good now as another time, and for this cause rather than for another. Bates craved mercy. Robert Winter mercy. Iohn Grant was a good while mute, yet after submissly said, He was guilty of a Conspiracy intended, but never effected. But Ambrose Rook∣wood first excused his denial of the Indictment,

for that he had rather lose his life than give it. Then did he acknowledge his offence to be so heinous, that he justly deserved the indignation of the King, and of the Lords, and the hatred of the whole Common-wealth; yet could he not despair of Mercy at the hands of a Prince, so abounding in Grace and Mercy: And the ra∣ther, because his Offence, though it were inca∣pable of any excuse, yet not altogether incapa∣ble of some extenuation, in that he had been neither Author nor Actor, but onely perswaded and drawn in by Catesby, whom he loved above any worldly man: And that he had concealed it, not for any malice to the Person of the King, or to the State, or for any ambitious respect of his own, but onely drawn with the tender re∣spect, and the faithful and dear affection he bare to Mr. Catesby his Friend, whom he esteemed more dear than any thing else in the world. And this mercy he desired not for any fear of the image of Death, but for grief that so shame∣ful a Death should leave so perpetual a blemish and blot unto all Ages upon his Name and Blood. But howsoever that this was his first Of∣fence, yet he humbly submitted himself to the Mercy of the King, and prayed, that the King would herein imitate God, who sometimes doth punish corporaliter, non mortaliter; corporally, yet not mortally.

Then was related, how that on Friday immedi∣ately before this Arraignment, Robert Winter hav∣ing found opportunity to have conference with Fawkes in the Tower, in regard of the nearness of their Lodgings, should say to Fawkes, as Ro∣bert Winter and Fawkes confessed, That he and

Catesby had Sons, and that Boys would be men, and that he hoped they would revenge the cause: nay, that God would raise up Children to Abraham out of stones. Also that they were sorry, that no body did set forth a Defence or Apology of their Action; but yet they would maintain the cause at their deaths.

Here also was reported Robert Winters Dream, which he had before the blasting with Powder in Littletons house, and which he himself con∣fessed, and first notified, viz. That he thought he saw Steeples stand awry, and within those Churches strange and unknown faces. And af∣ter, when the foresaid blast had, the day follow∣ing, scorched divers of the Confederates, and much disfigured the faces and countenances of Grant, Rookwood, and others: Then did Win∣ter call to mind his Dream, and to his remem∣brance thought, that the faces of his Associates so scorched, resembled those which he had seen in his Dream. And thus much concerning the former Indictment.

Then was Sir Everard Digby Arraigned, and after his Indictment was read, wherein he was * 2.3 charged, not onely to have been acquainted with the Powder-treason, and concealed it, and taken the double Oath of Secresie and Constancy therein, but likewise to have been an Actor in this Conspiracy. And lastly, to have exposed, and openly shewed himself in the Rebellion in the Countrey, amongst the rest of the Traitors. All which, after he had attentively heard and marked, knowing that he had freely confessed it, and the strength and evidence of the proofs against him, and convicted with the testimony

of his own Conscience, shewed his disposition to confess the principal part of the said Indict∣ment, and so began to enter into a Discourse. But being advertised, that he must first plead to the Indictment directly, either Guilty, or Not Guilty, and that afterwards he should be licensed to speak his pleasure, he forthwith confessed the Treason contained in the Indictment, and so fell into a Speech, whereof there were two parts, viz. Motives and Petitions. The first Mo∣tive * 2.4 which drew him into this action, was not ambition, nor discontentment of his estate, nei∣ther malice to any in Parliament, but the friendship and love he bare to Catesby, which prevailed so much, and was so powerful with him, as that for his sake he was ever contented and ready to hazard himself and his Estate. The next Motive was, the cause of Religion, which alone, seeing (as he said) it lay at the stake, he entred into resolution to neglect in that be∣half, his Estate, his Life, his Name, his Memo∣ry, his Posterity, and all worldly and earthly fe∣licity whatsoever, though he did utterly extir∣pate and extinguish all other hopes, for the re∣storing of the Catholick Religion in England. His third Motive was, That promises were bro∣ken with the Catholicks. And lastly, That they generally feared harder Laws from this Parlia∣ment against Recusants, as, That Recusants Wives, and Women, should be liable to the Mulct as well as their Husbands, and Men. And further, that it was supposed, that it should be made a Praemunire onely to be a Ca∣tholick.

His Petitions were, That sithens his offence was confined and contained within himself, that the punishment also of the same might ex∣tend onely to himself, and not be transferred either to his Wife, Children, Sisters, or others: and therefore for his Wife he humbly craved, that she might enjoy her Joynture, his Son the benefit of an Entail made long before any thought of this action; his Sisters, their just and due Portions which were in his hands; his Creditors, their rightful Debts; which that he might more justly set down under his hand, he requested, that before his death, his Man (who was better acquainted both with the men, and the particulars, than himself) might be licensed to come unto him. Then prayed he pardon of the King and Ll. for his guilt. And lastly, he entreated to be beheaded, desiring all men to forgive him, and that his death might satisfie them for his trespass.

To this Speech forthwith answered Sir Edw. Coke, Attorney General, but in respect of the * 2.5 time (for it grew now dark) very briefly. 1. For his friendship with Catesby, that it was mere folly, and wicked Conspiracy. 2. His Religion, Error, and Heresie. 3. His promises, idle and vain presumptions: As also his fears, false alarms. Concerning Wives that were Recusants, if they were known so to be before their Husbands (though they were good Protestants) took them, and yet for outward and worldly re∣spects whatsoever, any would match with such, great reason there is, that he or they should pay for it, as knowing the penalty and burthen before; for, Volenti & scienti non fit

Injuria, No man receives injury in that, to which he willingly and knowingly agreeth and consenteth. But if she were no Recusant at the time of Marriage, and yet afterwards he suffer her to be corrupted and seduced, by admitting Priests and Romanists into his house, good rea∣son likewise that he, be he Papist or Protestant, should pay for his negligence and misgovern∣ment.

4. Concerning the Petitions for Wife, for Children, for Sisters, &c. O how he doth now put on the bowels of Nature and Compassion in the peril of his private and domestical estate! But before, when the publick state of his Coun∣trey, when the King, the Queen, the tender Princes, the Nobles, the whole Kingdom, were designed to a perpetual destruction, Where was then this piety, this Religious affection, this care? All Nature, all Humanity, all respect of Laws both Divine and Humane, were quite abandoned; then was there no conscience made to extirpate the whole Nation, and all for a pre∣tended zeal to the Catholick Religion, and the justification of so detestable and damnable a Fact.

Here did Sir Everard Digby interrupt Mr. Attorney, and said, that he did not justifie the fact, but confessed, that he deserved the vilest death, and most severe punishment that might be; but he was an humble Petitioner for mer∣cy, and some moderation of Justice. Whereup∣on Mr. Attorney repli'd, that he should not look by the King to be honoured in the manner of his death, having so far abandoned all Religion and Humanity in his Action; but

that he was rather to admire the great modera∣tion and mercy of the King, in that, for so exorbitant a crime, no new torture answerable thereunto was devised to be inflicted upon him. And for his Wife and Children, whereas he said, that for the Catholik Cause he was content to neglect the ruine of himself, his Wife, his Estate, and all; he should have his desire as 'tis in the Psalm, Let his Wife be a widow, and his Chil∣dren vagabonds; let his posterity be destroyed, and in the next generation let his name be quite put out. For the paying of your Creditors, it is equal and just, but yet fit the King be first sa∣tisfied and paid, to whom you owe so much, as that all you have is too little: yet these things must be left to the pleasure of his Majesty, and the course of Justice and Law.

My Lord of Northamptons Speech, as it was taken at the Arraignment of Sir Everard Digby, by T. S.

YOu must not hold it strange, Sir Everard Digby, though at this time, being pressed in Duty, Conscience and Truth, I do not suffer you to wander in the Laberinth of your own idle con∣ceits without opposition, to seduce others, as your Self have been seduced, by false Principles; or to convey your self by charms of imputation, by clouds of errour, and by shifts of lately de∣vised Equivocation, out of that streight wherein your late secure and happy fortune hath been un∣luckily entangled; but yet justly surprised, by the rage and revenge of your own rash humors. If in this crime (more horrible than any man is able to express) I could lament the estate of any person upon earth, I could pity you, but thank your Self and your bad Counsellours, for leading you into a Crime of such a kind; as no less benummeth in all faithfull, true and honest men, the tenderness of af∣fection, than it did in you, the sense of all humanity.

That you were once well thought of, and esteem∣ed by the late Queen, I can witness, having heard her speak of you with that grace which might have encouraged a true Gentleman to have run a better course: Nay I will add further, that there was a time, wherein you were as well af∣fected to the King our Masters expectation, though perhaps upon false rumours and reports, that he would have yielded satisfaction to your unproba∣ble and vast desires: but the seed that wanted

moisture (as our Saviour himself reporteth) took no deep root: that zeal which hath no other end or object than the pleasing of it Self, is quickly spent: and Trajan that worthy and wise Emperour, had reason to hold himself discharged of all debts to those, that had offended more by prevarication, than they could deserve by industry.

The grace and goodness of his Majesty in giving honour at his first coming unto many men of your own affection, & (as I think) unto your self; his faci∣lity in admitting all without distinction of Trojan or of Tyrian, to his Royal presence, upon just occasi∣ons of access, his integrity in setting open the gate of civil Iustice unto all his Subjects equally and in∣differently, with many other favours that suc∣ceeded by the progression of Peace, are so palpable and evident to all men, that have either eyes of understanding, or understanding of capacity, as your Self and many others, have been driven of late to excuse and countenance your execrable in∣gratitude, with a false and scandalous report of some further hope and comfort yielded to the Ca∣tholicks for Toleration or connivency, before his coming to the Crown, than since hath been per∣formed, made good or satisfied.

I am not ignorant, that this seditious and false alarm hath awaked and incited many working spi∣rits to the prejudice of the present State, that might otherwise have slept as before with silence and sufferance: it hath served for a shield of wax against a sword of power: it hath been used as an Instrument of Art to shadow false approches, till the Trojan horse might be brought within the walls of the Parliament, with a belly stuffed, not as in old time with armed Greeks, but with hel∣lish

Gunpowder. But howsoever God had blind∣ed you and other in this Action, as he did the King of Egypt and his Instruments, for the brighter evidence of his own powerful glory; yet every man of understanding could discern, that a Prince whose Iudgment had been fixed by experience of so many years, upon the Poles of the North and the South, could not shrink upon the suddain: no nor since with fear of that combustion which Catesby that Archtraitor, like a second Phae∣ton, would have caused in an instant in all the Elements. His Majesty did never value for∣tunes of the world, in lesser matter than Religion, with the freedom of his thoughts: he thought it no safe policy, (professing as he did and ever will) to call up more spirits into the circle than he could put down again: he knew, that omne Regnum in se divisum desolabitur. Philosophy doth teach, that whatsoever any man may think in secret thought, that where one doth hold of Cephas, another of Apollo, openly dissension en∣sues, Quod insitum alieno solo est, in id quo ali∣tu•…•…, natura vertente, degenerat: and the world will ever apprehend, that Quorum est commune symbolum, facilimus est transitus.

Touching the point it self of promising a kind of Toleration to Catholicks, as it was divulged by these two limbs of Lucifer, Watson and Per∣cy, to raise a ground of practise and conspiracy a∣gainst the State and Person of our Dear Soveraign: let the Kingdom of Scotland witness for the space of so many years before his coming hither, whether either flattery or fear, (no not upon that enterprise of the 17th of November, which would have put the patience of any Prince in

Europe to his proof) could draw from the King the least inclination to this dispensative indiffe∣rence, that was onely believed because it was ea∣gerly desired.

Every man doth know how great art was used, what strong wits sublimed, and how many Ministers suborned and corrupted many years, both in Scotland and in Forein parts, to set the Kings teeth an edge, with fair promises of future helps and supplies, to that happy end of attaining his due right in England, when the Sun should set to rise more gloriously in the same Hemisphere, to the wonder both of this Island and of the world. But all in vain: for jacta erat alea, the Kings compass had been set before, and by a more certain rule: and they were commonly cast off as forlorn hopes in the Kings favour, that ran a course of ranking themselves in the foremost front of forein correspondency.

Upon notice given to his Majesty from hence, some years before the death of the late Queen, that many men were grown suspicious of his Religion, by rumors spread abroad, that some of those in forein part•…•…, that seemed to be well af∣fected to his future expectation, had used his name more audaciously, and spoken of his favour to the Catholicks, more forwardly than the Kings own Conscience, and unchangeable Decree could acknowledge, or admit, (either with a purpose to prepare the minds of Forein Princes, or for a practise to estrange and alienate affections at home) not onely utterly renounced, and condem∣ned these encrochments of blind zeal, and rash proceedings, by the voices of his own Ministers, but was careful also for a caution to succeeding

hopes, so far as lay in him, that by the disgrace of the Delinquents in this kind, the minds of all Eng∣lish Subjects chiefly might be secured, and the world satisfied.

No man can speak in this case more confident∣ly than my self, that received in the Queens time for the space of many years, directions and warn∣ings to take heed, that neither any further com∣fort might be given to Catholicks concerning future favours, than he did intend, which was, to bind all Subjects in one Kingdom to one Law, concerning the Religion established, how∣soever in Civil Matters he might extend his fa∣vour as he found just cause: nor any seeds of jea∣lousie and diffidence sown in the minds of Prote∣stants by Semeis and Achitophels, to make them doubtful of his constancy, to whom he would confirm with his dearest blood that faith which he had sucked from the breast of his Nurse, appre∣hended from the Cradle of his Infancy, and main∣tained with his uttermost endeavour, affection and strength, since he was more able out of read∣ing and disputing to give a reason of those Prin∣ciples which he had now digested, and turned to Nutriment.

He that wrote the Book of Titles before the late Queens death, declares abundantly, by seek∣ing to possess some Forein Prince of the Kings Hereditary Crowns, when the cause should come to the proof, and may witness in stead of many, what hope there was of the Kings favour or af∣fection to Catholicks in the case of Toleration or Dispensation with exercise of Conscience. For every man may ghess that it was no sleight or or∣dinary degree of despair, that made him and

other of his Suit renounce their portion in the Son and Heir of that renowned and rare Lady, Mary Queen of Scotland, a Member of the Roman Church, as some did in David, Nulla nobis pars in David, nec haereditas in filio Isai. For hereof, by Letters intercepted in their passage into Scotland, the Records and Proofs are evident. His Majesty, so long as he was in expectation of that which by the work and grace of God he doth now possess, did ever seek to settle his establish∣ment upon the Faith of Protestants in generality, as the most assured Shoot-Anchor. For though he found a number on the other side, as faithful and as well affected to his Person, Claim, and In∣terest, as any men alive, as well in respect of their dependency upon the Queen his Mother, as for the taste which they had of the sweetness of him∣self; yet finding with what strength of blood many have been over-carried out of a fervency in zeal in former times, observing to what censures they were subject, both in points of Faith, and li∣mitation of Loyalty; And last of all, forecasting to what end their former Protestation would come, when present satisfaction should shrink, he was ever fearful to embark himself for any further voyage and adventure in this Streight, than his own Compass might stear him, and his Iudgment level him.

If any one green leaf for Catholicks could have been visibly discerned by the eye of Catesby, Winter, Garnet, Faux, &c. they would neither have entred into practise with Forein Princes during the Queens time, for prevention of the Kings Lawful and Hereditary Right, nor have renewed the same both abroad and at home, by

Missions and Combinations, after his Majesty was both applauded and entred.

It is true, that by Confessions we find that false Priest Watson, and Arch-Traitor Percy, to have been the first devisers and divulgers of this scan∣dalous report, as an accursed ground, whereon they might with some advantage, as it was conceived, build the Castles of their Conspiracy.

Touching the first, no man can speak more soundly to the point than my self; for being sent into the Prison by the King to charge him with this false Alarm, onely two days before his death, and upon his Soul to press him in the presence of God, and as he would answer it at another Bar, to confess directly, whether at either of both these times he had access unto his Majesty at Edinburgh, his Majesty did give him any promise, hope or comfort of encouragement to Catholicks concerning Toleration; he did there protest up∣on his Soul, that he could never win one inch of ground, or draw the smallest comfort from the King in those degrees, nor further than that he would have them apprehend, that as he was a Stranger to this State, so till he understood in all points how those matters stood, he would not promise favour any way, but did protest, that all the Crowns and Kingdoms in this world should not induce him to change any Iote of his Professi∣on, which was the Pasture of his Soul, and earnest of his eternal Inheritance. He did confess, that in very deed, to keep up the hearts of Catholicks in love and duty to their King, he had imparted the Kings words to many in a better tune, and a higher kind of descant, than his Book of Plain∣song did direct; because he knew that others,

like slie Barge-men, looked that way, when their stroke was bent another way. For this he craved pardon of the King in humble manner, and for his main Treasons of a higher nature than these Figures of Hypocrisie; and seemed penitent, as well for the horrour of his crime, as for the fals∣hood of his whisperings.

It hindered not the satisfaction which may be given to Percy's shadow (the most desperate Bou∣tefeu in the pack) that as he died impenitent, for any thing we know, so likewise he died silent in the particulars: For first, it is not strange, that such a Traitor should devise so scandalous a slan∣der out of the malice of his heart, intending to destroy the King by any means, and to advance all means that might remove obstructions and impediments to the plot of Gun-powder. The more odious that he could make him to the Party Male-content, and the more sharply that he could set the Party Male-content upon the point and humour of revenge, the stronger was his hope at the giving of the last blow, to be glorifi'd and ju∣stifi'd. But touching the truth of the matters, it will be witnessed by many, that this Traitor Percy, after both the first and second return from the King, brought to the Catholicks no spark of comfort, of encouragement, of hope; whereof no stronger proof of argument doth need, than that Fawkes and others were employed both into Spain and other parts, for the reviving of a practise suspended and covered, after Percy's coming back, as in likelihood they should not have been, in case he had returned with a branch of Olive in his mouth, or yielded any ground of com∣fort to resolve upon.

Therefore I thought it thus far needful to pro∣ceed for the clearing of those scandals that were cast abroad by these forlorn Hopes and graceless Instruments. It onely remains, that I pray for your repentance in this world for the satisfaction of many, and forgiveness in the next world for the saving of your self; having had by the Kings favour so long a time to cast up your Accompt, before your appearance at the seat of the great Au∣ditor.

H. Northampton.

THen spake the Earl of Salisbury, especially * 3.1 to that point of his Majesties breaking of promise with Recusants, which was used and urged by Sir Everard Digby, as a motive to draw him to participate in this so hideous a Treason: Wherein his Lordship, after acknow∣ledgment, that Sir Everard Digby was his Ally; And having made a zealous and Religious pro∣testation, concerning the sincerity and truth of that which he would deliver; shortly and clearly defended the honour of the King herein, and freed his Majesty from all imputation and scandal of Irresolution in Religion, and in the constant and perpetual maintaining thereof; as also from having at any time given the least hope, much less promise of Toleration. To which pur∣pose he declared, how his Majesty, as well before his coming to this Crown, as at that very time, and always since, was so far from making of pro∣mise, or giving hope of Toleration, that he ever

professed he should not endure the very motion thereof from any.

And here his Lordship shewed what was done at Hampton-Court at the time of Watson's Treason, where some of the greater Recusants were convented; and being found then not to have their fingers in Treason, were sent away again with encouragement to persist in their dutiful carriage, and with promise onely of thus much favour, That those mean profits which had oc∣curred since the Kings time to his Majesty for their Recusancy, should be forgiven to the prin∣cipal Gentlemen, who had both at his Entry shewed so much Loyalty, and had kept themselves so free since from all Conspiracies.

Then did his Lordship also (the rather to shew how little truth Sir Everard Digby's words did carry in any thing which he had spoken) plainly prove, That all his protestations, wherein he de∣nied so constantly to be privy to the Plot of Pow∣der, were utterly false, by the testimony of Fawkes (there present at the Bar) who had confessed, That certain moneths before that Session, the said Fawkes being with Digby at his house in the Countrey, about what time there had fallen much wet; Digby taking Fawkes aside after Supper, told him, That he was much afraid that the Powder in the Cellar was grown dank, and that some new must be provided, lest that should not take fire.

Next, the said Earl did justly and greatly commend the Lord Mounteagle, for his Loyal and honourable care of his Prince and Countrey, in the speedy bringing forth of the Letter sent unto him, wherein he said, That he had shewed

both his discretion and fidelity. Which Speech be∣ing ended, Digby then acknowledged, That he spake not that of the breach of promise out of his own knowledge, but from their Relation whom he trusted, and namely from Sir Tho. Tresham.

NOw were the Jury returned, who having returned their Verdict, whereby they joyntly found those seven Prisoners, Arraigned upon the former Indictment, Guilty, Serjeant Philips craved Judgment against those Seven upon their Conviction; and against Sir Eve∣rard Digby upon his own Conf•…•…sion.

Then the Lord Chief Justice of England, af∣ter a grave and prudent Relation and Defence of the Laws made by Queen Elizabeth against Recusants, Priests, and Receivers of Priests, to∣gether with the several occasions, progresses, and reasons of the same; and having plainly de∣monstrated and proved, that they were all ne∣cessary, mild, equal, moderate, and to be justi∣fied to all the world, pronounced Judgment.

Upon the rising of the Court, Sir Everard Digby bowing himself towards the Lords, said, If I may but hear any of your Lordships say, you forgive me, I shall go more chearfully to the Gallows. Whereunto the Lords said, God forgive you, and we do.

And so according to the Sentence, on Thurs∣day following, execution was done upon Sir Everard Digby, Robert Winter, Iohn Graunt, and Thomas Bates, at the West end of Pauls Church; and on the Friday following, upon Thomas Win∣ter, Ambrose Rookwood, Robert Keyes, and G•…•…y Fawkes, within the old Palace-yard at Westminst. not far from the Parliament-house.

Notes

• * 1.1

  The effect of the In∣dictment after the Legal form of the Common Law of England.
• * 1.2

  Psal. 83. 1, 2, 3, 4, 5.
• * 1.3

  De Excom. tit. 27. Sect. 1. fol. 116. b.
• * 1.4

  De oceultis tit. 42. Sect. 2. fol. 193.
• * 1.5

  Psal. 86. 14.
• * 1.6

  Psal. 141. 11.
• * 1.7

  Psal. 124. 1.
• * 2.1

  Compari∣sons.
• * 2.2

  Conclusion
• * 2.3

  Sir Eve∣rard Dig∣by Indicted Look the Indict∣ment.
• * 2.4

  Sir Eve∣rard Dig∣by's Speech.
• * 2.5

  Mr. Attor∣ney.
• * 3.1

  The Eearl of Salis∣bury.