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Imprinted at London by Robert Barker,
Printer to the Kings most Excellent Majestie

Anno 1606


O publish any thing of the late most barbarous and damnable treason and conspiracie of blowing up the House of Parliament with gunpowder may at the first apparance seeme both unnecessary and unprofitable. First, for that publique justice passing upon the severall confessions of all the capitall offenders (which they clearly and openly confessed, and confirmed at their severall Arraignments in the hearing of multitudes of people) doeth of it selfe import and give the greatest satisfaction that can be to all men, especially in that after judgement given, due and timely execution hath succeeded. For as law is the foundation of justice, so the same justice duly executed is the foundation of all commonwealthes, and the golden metewand [yardstick] appointed by the Almighty for the measuring and decyding of all causes civill or criminall. Secondly, for that these treasons are now so perspicuous and evident to the view of all men, as that none can pretend any just ignorance of the same. Yet it is necessary, and wil be very profitable to publish somewhat concerning the same, aswell for that there do passe from hand to hand divers uncertaine, untrue, and incoherent reports and relations of such evidence as was publiquely given upon the said severall arraignments; as also for that it is necessary for men to understand the birth and growth of the said abominable and detestable conspiracy, and who were the principal authors and actors of the same.



Upon one inditement for treasons done in the County of Middlesex were arraigned these, viz.


Upon another inditement for treason done in the Countie of Northampton was arraigned



HAT whereas our sovereigne lord the King had by the advise and assent of his Councell, for divers weightie and urgent occasions concerning His Majestie, the State, and defence of the Church and kingdome of England, appointed a Parliament to bee holden at his citie of Westminster, that Henry Garnet superiour of the Jesuites within the realme of England (called also by the severall names of Wally, Darcy, Roberts, Farmer, and Henry Philips), Oswald Tesmond Jesuite, otherwise called Oswald Greenwell, John Gerrard Jesuite (called also by the severall names of Lee and Brooke), Robert Winter, Thomas Winter gentlemen, Guy Fawkes gentleman, otherwise called Guy Johnson, Robert Keyes gentleman, and Thomas Bates, yeoman, late servant to Robert Catesby esquier, together with the said Robert Catesby and Thomas Percy esquiers, John Wright and Christopher Wright gentlemen, in open rebellion and insurrection against his Majesty lately slaine, and Francis Tresham esquier lately dead, as false traitors against our said sovereigne lord the King, did traiterously meet and assemble themselves together; and being so met, the said Henry Garnet, Oswald Tesmond, John Gerrard and other Jesuites did maliciously, falsly, and traiterously moove and perswade aswell the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John 7right, Christopher Wright, and Francis Tresham, that our said sovereigne lord the Kinge, the nobilitie, cleargie, and whole communalitie of the realme of England (Papists excepted) were heretiques, and that all heretiques were accursed and excommunicate, and that none heretique could be a king, but that it was lawfull and meritorious to kill our said sovereigne lord the King, and all other heretiques within this realme of England, for the advancing and enlargement of the pretended and usurped authoritie and jurisdiction of the Bishop of Rome, and for the restoring of the superstitious Romish religion within this realme of England. To which traiterous perswasions the said Thomas Winter, Guy Fawkes, Robert Keyes, Thomas Bates, Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham traiterously did yeeld their assents. And that thereupon the said Henry Garnet, Oswald Tesmond, John Gerrard, and divers other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as also the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traiterously amongst themselves did conclude and agree with gunpowder, as it were with one blast, suddenly, traiterously and barbarously to blow up and teare in pieces our said sovereigne lord the King, the excellent, vertuous, and gracious Queene Anne his dearest wife, the most Noble Prince Henry their eldest sonne, the future hope and joy of England, and the Lords Spirituall and Temporall, and reverend judges of the realme, the knights, citizens and burgesses of Parliament, and divers other faithful subjects and servants of the King in the said Parliament for the causes aforesayd, to bee assembled in the House of Parliament, and all them without any respect of majestie, dignitie, degree, sexe, 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 royall issue male of our sayd sovereigne 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 the persons of the noble ladies Elizabeth and Mary, daughters of our sayd sovereigne lord the King, and falsly and traiterously should proclaime the sayd Lady Elizabeth to be Queene of the realme of England. And thereupon should publish a certaine traiterous proclamation in the name of the sayde Lady Elizabeth, wherein it was especially agreed by and betweene the sayde conspirators, that no mention should be made at the first of the alteration of religion established within this realme of England. Neither would the said false traitors therein acknowledge themselves to bee authors or actors or devisers of the foresaid most wicked and horrible treasons, untill they had got sufficient power and strength for the assured execution and accomplishment of their said conspiracie and treason, and that then they would avow and justifie the sayd most wicked and horrible treasons as actions that were in the number of those quae non laudantur nisi peracta, which bee not to be commended before they bee done. But by the said fained and traiterous proclamation they would publish that all and singular abuses and grievances within this realme of England should for satisfying of the people be reformed. And that aswell for the better concealing, as for the most effectuall accomplishing of the sayd horrible treasons, aswell the sayd Thomas Winter, Guy Fawkes, Robert Keyes and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, by the traiterous advise and procurement of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuites traiterously did further conclude and agree, that aswell the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham therupon severally and traiterously should receive severall corporall othes upon the holy Evangelists and the sacrament of the Eucharist. That they the treasons aforesaid would traiterously conceale and keepe secret, and would not reveale them directly nor indirectly by words nor circumstances, nor ever would desist from the execution and finall accomplishment of the said treasons, without the consent of some three of the foresaid false traitors first in that behalfe traiterously had. And that thereupon aswell the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the sayd Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, did traiterously take the said severall corporall othes severally, and receive the sacrament of the Eucharist aforesaid by the hands of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Jesuites. And further, that the sayd Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, by the like traiterous advise and counsell of the said Henry Garnet, John Gerrard, Oswald Tesmond, and other Jesuites, for the more effectuall compassing and finall execution of the said treasons, did traiterously amongst themselves conclude and agree to digge a certaine mine under the sayd house of Parliament, and there secretly under the said house to bestow and place a great quantitie of gunpowder, and that according to the said traiterous conclusion the sayd Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright afterwards secretly, not without great labours and difficultie, did digge and make the said myne unto the middest of the foundation of the wall of the said house of Parliament, the said foundation being of the thicknesse of three yards, with a traiterous intent to bestow and place a great quantitie of gunpowder in the myne aforesaid, so as aforsaid traiterously to be made for the traiterous accomplishing of their traiterous purposes aforesaid. And that the sayd 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 worke to be of great difficultie by reason of the hardnesse and thicknesse of the said wall, and understanding a certain cellar under the said house of Parliament, and adjoyning to a certaine house of the sayd Thomas Percy, then to be letten to farme for a yeerely rent, the same Thomas Percy by the traiterous procurement aswell of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as of the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, traiterously did hire the Cellar aforesaid for a certaine yeerely rent and terme. And 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 Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, traiterously did meete with Robert Winter, John Grant, and Ambrose Rookwood and Francis Tresham esquiers, and traiterously did impart to the said Robert Winter, John Grant, and Ambrose Rookwood and Francis Tresham, the treasons, traiterous intentions and purposes aforesaid, and did require the said Robert Winter, John Grant, Ambrose Rookwood and Francis Tresham to joyne themselves aswell with the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, 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, armour, and other necessaries for the better accomplishment and effecting of the said treasons. To which traiterous motion and request the said Robert Winter, John Grant, Ambrose Rookwood and Francis Tresham did traiterously yeeld their assents, and aswell with the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, in the said treasons, traiterous intentions and purposes aforesaid, traiterously did adhere and unite themselves, and thereupon several corporall othes to forme abovesaid traiterously did take; and the sacrament of the Eucharist did receive, to such intent and purpose as aforesaid; and horses, armour, and other necessaries for the better effecting of the said treasons, according to their traiterous assents aforesaid, traiterously 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 severall quantities of gunpowder aforesaid with billets and fagots, least they should bee spied, secretly and traiterously did cover. And that afterwards the said false traitors traiterously provided and brought into the cellar aforsaid foure hoggesheads full of gunpowder, and layed divers great yron barres and stones upon the saide four hoggesheads and the foresaid other quantities of gunpowder, and the saide quantities of gunpowder, barres and stones, with billets and fagots, lest they should be espied, secretly and traiterously did cover. And that the said Guy Fawkes afterwards for a full and finall accomplishment of the said treasons, traiterous intentions and purposes aforesaid, by the traiterous procurement aswell of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as of the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham traiterously had prepared, and had upon this person touchwood and match, therewith traiterously to give fire to the severall barrels, hoggesheads and quantities of gunpowder aforesayd, at the time appointed for the execution of the sayd horrible treasons. And further, that after the said horrible treasons were by the great favour and mercie of God in a wonderfull maner discovered, not many houres before it should have bene executed, aswell the said Henry Garnet, Oswald Tesmond, John Gerrard, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright traiterously did flie and withdraw themselves to the intent traiterously to stirre up and procure such Popish persons as they could, to joyne with them in actuall, publique and open rebellion against our said sovereigne lord the King, and to that ende did publish divers fained and false rumours that the Papists throates should have beene cut. And that thereupon divers Papists were in armes and in open publique and actuall rebellion against our sayde sovereigne lord the King, in divers parts of this realme of England.
To this inditement they all pleaded Not Guiltie, and put themselves upon God and the countrey.


HE matter that is now to be offered to you, my Lords the commissioners, and to the triall of you the knights and gentlemen of the jury, is a matter of treason; but of such horror and monstrous nature, that before now
The tongue of man never delivered,
The eare of man never heard,
The heart of man never conceited,
Nor the malice of hellish or earthly devill ever practised.
For, if it be abhominable to murder the least,
If to touch Gods annointed bee to oppose themselves against God,
If (by blood to subvert princes, states, and kingdomes bee hatefull to God and man,
as all true Christians must acknowledge;
Then, how much more then too too monstrous shall all Christian hearts judge the
horror of this treason, to murder and subvert
Such a King,
Such a Queene
Such a Prince,
Such a Progenie,
Such a State,
Such a government
So complete and absolute
That God approoves,
The world admires,
All true English hearts honour and revere,
The Pope and his disciples onely envies and malignes?

The proceeding wherein is properly to be divided into three generall heads:

1. First, matter of declaration.
2. Secondly, matter of aggravation
3. Thirdly, matter of probation

My selfe am limited to deale onely with the matter of declaration, and that is conteined within the compasse 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 foure parts:

1. First, of the persons and qualities of the conspirators;
2. Secondly, in the matter conspired;
3. Thirdly, in the meane and manner of the proceeding and execution of the conspiracie;
4. And fourthly, of the end and purpose why it was so conspired.

As concerning the first, being the persons:, they were

GerrardJesuits not then taken

Thomas Winter
Guy Fawkes
Robert Keyes
Thomas BatesAt the barre
Everard Digby
Ambrose Rookewood
John Graunt
Robert Winter

Robert Catesby,
Thomas PercySlaine in rebellion
John Wright
Christopher Wright

Francis TreshamLately dead

All grounded Romanists and corrupted schollers of so irreligious and traiterous a schoole.

As concerning the second, which is the matter conspired, it was,

1. First, to

deprive the King of his crowne.
2. Secondly, to murder the King, the Queene, and the Prince.
3. Thirdly, to stirre rebellion and sedition in the kingdome.
4. Fourthly, to bring a miserable destruction amongst the subjects.
5. Fiftly, to change, alter, and subvert the religion here established.
6. Sixtly, to ruinate the state of the commonwealth, and to bring in strangers
to invade it.

As concerning the third, which is the meane and maner how to compasse and execute the same,

They did all conclude,
1. First, that the King and his people (the Papists excepted) were heretiques.
2. Secondly, that they were all cursed, and excommunicate by the Pope.
3. Thirdly, that no heretique could be King.
4. Fourthly, that it was lawfull and meritorous to kill and destroy the King, and
all the said heretiques.

The meane to effect it they concluded to be, that

1. The King, the Queene, the Prince, the Lords Spirituall and Temporall, the knights
and burgesses of the Parliament should be blowen up with powder.
2. That the whole royall issue male should be destroyed.
3. That they would take into their custodie Elizabeth and Mary the Kings daughters,
and proclaime the Lady Elizabeth Queene.
4. That the should faine 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, untill they had raised power to performe the same, and then to
proclaime all grievances in the kingdome should be reformed.
5. That they also tooke severall oathes, and received the Sacrament, first for
secrecie, secondly for prosecution, except they were discharged thereof by
three of them.
6. That after the destruction of the King, the Queene, the Prince, the royall issue
male, the Lords spirtuall and temporal, the knights and burgesses, they should
notifie the same to forraine states, and thereupon Sir Edmund Baynam an
attainted person of treason, and stiling himselfe prime of the damned crew,
should be sent and make the same knowen to the Pope, and crave his aide,
an embassadour fit both for the message and persons, to be sent betwixt the
Pope and the devill.
7. That the Parliament being proroged till the 7. 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 adjourned till the third of October,
they in Lent following hired the vault, and placed therein xx barrels of powder.
8. That they tooke to them Robert Winter, Graunt, and Rookwood, giving them
the oathes and Sacrament as aforesaid, as to provide munition.
20. Julii they layd in more ten barrels of powder, laying upon them divers great
barres of yron, and peeces of timber, and great massie stones, and covered the
same with fagots etc.
20. September they laid in more 4 hogsheads of powder with other stones and
barres of yron thereupon.
4. Novembris (the Parliament beeing prorogued to the 5.) at eleven a clocke at
night, Fawkes had prepared (by the procurement of the rest) touchwood
and match, to give fire to the powder the next day.
That the treason being miraculously discovered, they put themselves, and procured
others to enter into open rebellion, and gave out most untruely it was for that
the Papists throats were to be cut.


T appeareth to your Lordships, and the rest of this most honourable and grave assembly, even by that which Mister Sergeant hath already opened, that these are the greatest treasons that ever were plotted in England, and concerne the greatest King that ever was of England. But when this assembly shall further heare and see discovered the rootes and branches of the same, not hitherto published, they will say indeed, Quis haec posteritas sic narrare poterit, ut facta non ficta esse videantur? That when these things shall be related to posteritie, they will bee reputed matters fained, not done. And therefore in this so great a cause, upon the carriage and event whereof the eye of all Christendome is at this day bent, I shall desire that I may with your patience bee somewhat more copious, and not so succinct, as my usuall maner hath beene, and yet will I bee no longer then the very matter it selfe shall necessarily require. But before I enter into the particular narration of this cause, I hold it fit to give satisfaction to some, and those well affected among us, who have not only marveiled, but grieved that no speedier expedition hath beene used in these proceedings, considering the monstrousnesse and continuall horrour of this so desperate a cause.
1. It is ordo naturae, agreeable to the order of nature, that things of great waight and magnitude should slowly proceed, according to that of the poet, tarda solet magnis rebus adesse fides [belief is wont to come slowly in great matters]. And surely of these things. And surely of these things we may truely say, Nunquam ante dies nostros talia acciderunt, neither hath the eye of man seene, nor the eare of man heard the like things to these.
2. Veritas temporis filia, trueth is the daughter of time, especially in this case wherein by timely and often examinations, first, matters of greatest moment have beene lately found out. Secondly, some knowen offenders and those capitall, but lately apprehended. Thirdly, sundry of the principall and archtraitors before unknowen now manifested, as the Jesuits. Fourthly, hereticall, treasonable and damnable books lately found out, one of Equivocation, and another De Officio Principis Christiani of Francis Treshams.
3. There have been already twentie and three severall dayes spent in examinations.
4. We should otherwise have hanged a man unattainted, for Guy Fawkes passed for a time under the name of John Johnson, so that if by that name greater expedition had beene made, and he hanged, though wee had not missed of the man, yet the proceeding would not have beene so orderly or justifiable.
5. The King out of his wisedome and great moderation, was pleased to appoint this triall of assembly in Parliament, for that it concerned especially those of the Parliament.
Now touching the offences themselves, they are so exorbitant and transcendent, and aggregated of so many bloody and fearefull crimes, as they cannot be aggravated by any inference, argument or circumstance whatsoever, and that in three respects. First, because this offence is primae impressionis, and therfore sine nomine, without any name which might be adequatum sufficient to expresse it, given by any legist that ever made or writ of any lawes. For the highest treason that all they could imagine, they called it onely crimen laesae maiestatis, the violating of the majesty of the prince. But this treason doeth want an apt name, as tending not onely to the hurt, but to the death of the King, and not the death of the King onely, but of his whole kingdom, non regis sed regni, that is to the destruction and dissolution of the frame and fabrique of this ancient, famous, and ever flourishing monarchie, even the deletion of our whole name and nation, And therefore hold not thy tongue O God, keepe not still silence, refraine not thy selfe 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 roote them out, that they bee no more a people, and that the name of Israel may be no more in remembrance. Secondly, it is sine exemplo, beyond all examples, whether in fact or fiction, even of the tragique poets, who did beate their wits to represent the most fearefull and horrible murthers. Thirdly, it is sine modo, without all measure or stint of iniquitie, like a mathematicall line which is divisibilis in semper divisibilia, infinitely divisible. It is treason to imagine or intend the death of the King, Queene, or Prince.
For treason is a like a tree whose roote 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 onely knoweth it. Now the wisedome of the law provideth for the blasting and nipping, both of the leaves, blossomes, and buddes which proceede from this roote of treason, either by words, which may bee resembled to buds or blossomes, before it commeth to such fruit and ripenesse as would bring utter destruction and desolation upon the whole State.
It is likewise treason to kill the Lord Chauncellour, Lord Treasorer, or any Justice of the one Bench or other, Justices of Assise, or any other judge mentioned in the statue of 25. Eduardi 3 sitting in their judiciall places, and exercising their offices. And the reason is, for that every judge so sitting by the Kings authoritie representeth the majestie and person of the King, and therefore it is crimen laesae maiestatis to kill him, the King being alwayes in judgement of lawe present in court. But in the high court of Parliament, every man by vertue of the Kings authoritie by writ under the great Seale, hath a judiciall place, and so consequently the killing of every one of them had beene a severall treason and crimen laesae maiestatis. Besides, that to their treasons were added open rebellion, burglarie, robberie, horse-stealing, etc. So that this offence is such as no man can expresse it, no example patterne it, no measure conteine it.
Concerning forreine princes, there was here a protestation made for the cleering of them from all imputation or aspersion whatsoever. First, for that whilest kingdomes stood in hostilitie, hostile actions are holden honourable and just. Secondly, it is not the Kings Serjeant, Attorney, or Sollicitor, that in any sort touch or mention them, for wee know that great princes and personages are reverently and respectively to be spoken of, and that there is lex in sermone tenenda. But is Faux, Winter, and the rest of the offenders that have confessed so much as hath bin sayd, and therefore the Kings councill learned doth but repeate the offenders confession, and charge or touch no other person. They have also slaundered unjustly our great master King James, which we only repeate to shew the wickednesse and malice of the offenders. Thirdly, so much as is saide concerning forreine princes is so woven into the manner of the charge of these offendors, as it cannot bee severed, 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 selfe prodigious and unnaturall, so is it in the conception and birth most monstrous, as arising out of the dead ashes of former treasons. For it had three rootes, all planted and watered by Jesuites and English Roman Catholiques: the first roote in England in December in March, the second in Flaunders in June, the third in Spaine in July. In England it had two branches, one in December was twelve moneths before the death of the late Queene of blessed memorie, another in March wherin she dyed.
First in December Anno Domini 1601 doe Henry Garnet Superiour of the Jesuits in England, Robert Tesmond Jesuite, Robert Catesby who was homo subacto et versuto ingenio et profunda perfidia [a man endowed with a subtle and shifty wit and profound treachery] together with Francis Tresham and others, in the names and for the behalfe of all the English Romish Catholikes, imploy Thomas Winter into Spaine, as for the generall good of the Romish Catholique cause. And by him doth Garnet write his letters to Father Creswell Jesuite residing in Spaine, in that behalfe. With Thomas Winter doth Tesmond alias Greeneway the Jesuite goe as an associate and confederate in that conspiracie. The message (which was principally committed unto the said Winter) was, that he should make a proposition and request to the King of Spaine in the behalfe and names of the English Catholiques, that the King would send an armie hither into England, and that the forces of the Catholiques in England should be prepared to joyne with him and doe him service. And further, that hee should move the King of Spaine to bestow some pensions here in England upon sundrie persons Catholiques, and devoted to his service. And moreover to give advertisement that the said King of Spaine making use of the generall discontentment that young gentlemen and souldiers were in, might no doubt by relieving their necessities have them al at his devotion.
And because that in all attempts upon England, the greatest difficultie was ever found to be the transportation of horses, the Catholikes in England would assure the King of Spaine to have alwayes in readinesse for his use and service 1500 or 2000 horses against any occasion or enterprise. Now Thomas Winter, undertaking this negociation, and with Tesmond the Jesuite comming into Spaine, by means of Father Creswell the Legier Jesuite there, as hath beene said, had readily speech with Don Pedro Francesca second Secretarie 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 gratefull to his master, and that it should not want his best furtherance.
Concerning the place for landing of the King of Spaines armie which from the English Romish Catholiques he desired might be sent to invade the land, it was resolved that if the armie were great, then Essex and Kent were judged fittest (where note by the way who was then Lord Warden of the Cinque Ports). If the armie were small, and trusted upon succour in England, then Milford Haven was thought more convenient.
Now there being at that time hostilitie betwixt both kingdomes, the King of Spain willingly imbraced the motion, saying that hee tooke the message from the Catholiques very kindly, and that in all things he would respect them with as great care as his proper Castilians. But for his further answere and full dispatch, Thomas Winter was appointed to attend the progresse. In the end whereof, being in Sommer time, the Count Miranda gave him this answere in the behalfe of his master, that the King would bestow a hundred thousand crownes to that use, halfe to bee paide that yeere, and the rest the next spring following. And withall required that wee should be as good as our promise: for the next spring hee meant to be with us, and set foot in England. And lastly he desired on the kings behalfe of Winter, that he might have certaine advertisment and intelligence, if so it should in the meane time happen that the Queene did die. Thomas Winter laden with these hopes returnes into England about a moneth before Christmasse, and delivered answere of all that had passed to Henry Garnet, Robert Catesby, and Francis Tresham. But soone after set that glorious light, Her Majestie dyed.

Mira cano: sol occubuit, nox nulla secuta est.
[I sing marvels: the sun set but no night followed].

Presently after whose death was Christopher Wright an other messenger sent over into Spaine by Garnet (who likewise did write by him to Creswell for the furtherance of the negociation), Catesby, and Tresham, in the name and behalfe of all the Romish Catholikes in England, aswell to carrie newes of Her Majesties death, as also to continue the aforesaid negociation for an invasion and pensions, which by Thomas Winter had before been dealt in. And in the Spanish court about two moneths after his arrivall there, doth Christopher Wright meet with Guy Fawkes, who upon the two and twentieth of June was imployed out of Flaunders from Bruxells by Sir William Stanley, Hugh Owen (whose finger hath beene in every treason which hath been of late yeres detected), and Baldwyn the Legier Jesuite in Flaunders, from whome likewise the saide Fawkes carried letters to Creswell in Spaine for the countenancing and furtherance of his affairs.
Now the end of Fawkes his imployment was to give advertisement to the King of Spaine, how the King of England was like to proceed rigorously with the Catholikes, and to run the same course which the late Queene did, and withall to intreate that it would please him to send an armie into England to Milford Haven where the Romish Catholiques would be readie to assist him, and then the forces that should be transported in Spinolaes gallies should bee landed where they could most conveniently. And these their severall messages did Christopher Wright and Guy Fawkes in the end intimate and propounde to the King of Spaine. 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 forreine forces fayling, they fell to the powder Plot, Catesby and Tresham being in at all, in the treason of the Earle of Essex, in the treason of Watson and Clarke seminarie priests, and also in this of the Jesuits, such a greedie appetite had they to practise against the State.
The rest of that which Master Attorney then spake continuedly, was by himselfe divided into three general parts. The first conteining certain considerations concerning this treason. The second observations about the same. The third a comparison of this treason of the Jesuites with that of the seminarie priests, and that other of Rawley and others. For the considerations concerning the Powder Treason they were in number eight, that is to say: 1. The persons by whome; 2. The persons against whom; 3. The time when; 4. The place where; 5. The meanes; 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 clergie or laitie, and for each of them there is a severall 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 base, or not setled in their wits, such as are sine religione, sine sede, sine fide, sine re, et sine spe, without religion, without habitation, without credite, without meanes, without hope. But (that no man, though ever so wicked, may be wronged) true it is they were gentlemen of good houses, of excellent parts, howsoever most pernitiously seduced, abused, corrupted, 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 Spaine, and John Talbot of Grafton, who at the least is in case of misprison of high treason, both of great and honorable families. Concerning those of the spirituality, 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 Jesuites, who are knowen to have dealt and passed through the whole action. Three of them are legiers and statesmen, as Henry Garnet alias Walley, the Superiour of the Jesuites Legier here in England, Father Creswell Legier Jesuite in Spaine, Father Baldwin Legier in Flaunders, as Parsons at Rome, besides their cursorie men [agents], as Gerrard, Oswald Tesmond alias Greeneway, Hamond, Hall, and other Jesuites. So that the principall offendors 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 impietie, blasphemie, treason, and rebellion, and all manner of wickednesse, as by the helpe of Christ shall be made most apparent to the glory of God and the honour of our religion. Concerning this sect, their studies and practises principally consist in two D’s, to wit, in Deposing of kings and Disposing of kingdomes. Their profession and doctrine is a religion of distinctions, the greatest part of them being without the text, and therefore in very deede idle and vaine conceits of their own braines, 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 distinguere debemus [where the law makes no distinction, neither should we]. And albeit that princes hold their crownes immediately of and from God, by right of lawful succession and inheritance inherent by royall blood, yet thinke these Jesuites with a goose quill, within foure distinctions, to remove the crowne from the head of any king christened, and to deale with them as the old Romanes are said to have done with their viceroyes or pettie kings, who in effect were but lieutenants unto them, to crowne and uncrowne them at their pleasures. Neither so onely, but they will proscribe and expose them to be butchered by vassals, which is against their owne Canons, for priestes to meddle in causes of blood. And by this meanes 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 sunt excommunicati, eta communione fidelium diris proscriptionibus separati, et quotannis in coena Domini excommunicantur a Papa [All heretics are excommunicated de jure, and separated from the company of the faithful by dire prescriptions, and are annually excommunicated by the Pope at the Lord’s Supper]. So then every heretique standes and is reputed with them as excommunicated and accursed, if not de facto, yet de jure, in law and right to all their intents and purposes, therefore may he be deposed, proscribed and murdered. I but suppose hee be not a professed heretique, but dealeth reservedly, and keepeth his conscience to himselfe, how standes he then? Simanca answeres, Quaeri autem solet an haereticus occultus excommunicatus sit ipso iure, et in alias etiam poenas incidat contra haereticos statas? Cui quaestione simpliciter iurisperiti respondent, quod et si haereticus occulta sit, nihilominus occultus haereticus incidit in illas poenas. [It is customarily asked whether a secret heretic is excommunicated de jure, and is liable to the statutes instituted against heretics? To which question the legalists respond simply that, although a heretic be secret, nevertheless the secret heretic is liable to those penalties.] Whether hee be a knowen or a secret heretique is all one, they thunder out the same judgement and curse for both, whereas Christ sayeth nolite iudicare, judge not, which is, saith Augustine, nolite iudicare de occultis, of those things which are secret. But suppose that a prince thus accursed and deposed will eftsoones returne and conforme himselfe to their Roman Church, shall hee then be restored to his state, and againe receive his kingdome? Nothing less, for saith Simanca, Si reges aut alii principes Christiani facti sint haeretici, protinus subiecti et vasalli ab eorum dominio liberantur. nec ius hoc recuperabunt, quamvis postea reconcilientur ecclesiae [If kings or other Christian princes are made heretics, their subjects and vassals are straightway freed from their dominion, nor shall they recover this right, although they are later reconciled to the Church]. O but sancta mater ecclesia nunquam claudit gremium redeunti, our holy mother the Church never shuts her bosome to anie convert. It is true, say they, but with a distinction quoad animam. Therefore so he may, and shall be restored, that is, spiritually, in respect of his soules health. Quoad animam hee shall againe be taken into the holy Church, but not quoad regnum, in respect of his kingdome or state temporall he must not be restored. The reason is because all hold onely thus far, modo non sit ad damnum ecclesiae, so that the Church receive thereby no detriment. I but suppose that such an unhappy deposed prince have a sonne or lawfull and right heire, and hee also not to be touched or spotted with his fathers crime, shall not hee at the least succede and bee invested into that princely estate? Neither will this downe with them. Heresie is a leprosie, an hereditarie disease, et ex leprosis parentibus leprosi generantur filii, of leprous parents come leprous children. So that sayeth Simanca, Propter haeresim regis, non solum rex regno privato, sed et eius filii a regni successione pelluntur, ut noster Lupus (who is indeed vir secundum nomen eius, a wolfe aswell in nature as name) luculentur probat [Because of the heresy of the king, not only is the king deprived of his kingdom, but his sons are banished from the kingdom’s succession, as our Lupus abundantly shows). Now if any man doubt whome they here meane by an heretique, Creswell in his booke called Philopater gives a plaine resolution, regnandi ius amittit (saith hee) qui religionem Romanum deserit, hee is the heretique we speake of, even whosoever forsakes the religion of the Church of Rome, hee is accursed, deprived, and proscribed, never to be absolved but by the Pope himselfe, never to be restored either in himselfe or his posteritie.
One place out of many of Creswels Philopater shall serve to give a taste of the Jesuiticall spirits and doctrine, which is sect. 2, pag. 109. Hinc etiam infert universa theologorum ac iurisconsultorum ecclesiasticorum schola (et est certum et de fide) quemcunque principem Christianum, si a religione Catholicae manifesto deflexerit et alios avocare voluerit, excidere statim omni potestate ac dignitate ex ipsa vi iuris tum humani tum divini, hocque ante dictam sentententiam supremi pastoris ac iudicis contra ipsum prolatam, et subditos quoscunque liberos esse ab omni iuramenti obligatione, quod de obedientia tanquam principi legitimo praestitissent; posseque et debere (si vires habeant) istiusmodi hominem tanquam apostatam, haereticum, ac Christi Domini desertorem et reipublicae suae inimicum hostemque ex hominum Christianorum dominatu eiicere, ne alios inficiat, vel suo exemplo aut imperio a fide avertat. Atque haec certa, definita, et indubitata virorum doctissimorum sententia. That is, this inference also doth the whole schoole both of divines and lawyers make (and it is a position certaine and to bee undoubtedly beleeved) that if any Christian prince whatsoever shall manifestly turne from the Catholike religion, and desire or seeke to reclaime other men from the same, hee presently falleth from all princely power and dignitie, and that also by vertue and force of the lawe it selfe both divine and humane, even before any sentence pronounced against him by the supreme pastor and judge. And that his subjects of what estate or condition soever, are freed from all bond of oath of allegeance, 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 apostata, an hereticke, a backslider and revolter from our Lord Christ, and an enemie to his owne state and common wealth, least perhaps hee might infect others, or by his example or command turne them from the truth. But Tresham in his booke De Officio Principis Christiani goeth beyond all the rest, for he plainely concludeth and determineth that if any prince shall but favour or shew countenance to an hereticke, he presently looseth his kingdome. In his fifth Chapter, he propoundeth this problem, An aliqua possit secundum conscientiam subditis esse ratio, cur legitimo suo regi bellum sine scelere moveant, whether there may bee any lawfull cause, justifiable in conscience, for subjects to take armes without sinne against their lawfull prince and soveraigne. The resolution is, Si princeps haereticus sit et obstinate ac pertinaciter intolerabilis, summi pastoris divina potestate deponatur, et aliud caput constituatur, cui subditi se iungant, et legitimo ordine et authoritate tyrannidem amoveant. Princeps indulgendo haereticos non solum Deum offendit, sed perdit et regnum et gentem. Their conclusion therefore is, that for heresie as above is understood, a prince is to be deposed, and his kingdome bestowed by the Pope at pleasure, and that the people upon paine of damnation are to take part with him whom the Pope shall so constitute over them. And thus whilest they imagine with the wings of their light feathered distinctions to mount above the cloudes and leavell of vulgar conceites, they desperatly fall into a sea of gross absurdities, blasphemie, and impietie. And surely the Jesuites were so farre ingaged in this treason, as that some of them sticke not to say, that if it should miscarrie, that they were utterly undone, and that it would overthrowe the state of the whole societie of the Jesuities. And I pray God that in this they may proove true prophets, that they may become like the order of Templarii, so called for that they kept neere the Sepulchre at Jerusalem, who were by a generall and universall edict in one day throughout Christendome quite extinguished, as being ordo impietatis, an order of impietie. And so from all sedition and privie conspiracie, from all false doctrine and heresie, from hardnes of hart and contempt of Thy word and commandement, good Lord deliver us. Their protestations and pretences are to winne soules to God, their proofes weake, light, and of no value, their conclusions false, damnable, and damned heresies. The first mentioneth God, the second savoreth of weake and fraile man, the last of the Devill, and their practise easily appeareth out of the dealing of their holy Father.
Henry the Third of France for killing a Cardinall was excommunicated, and after murdered by James Clement a Monke. That fact doth Sixtus Quintus then Pope in stead of orderly censuring thereof, not onely approove, but commend in a long consistorie oration. That a monke, a religious man, saith he, hath slaine the unhappie French King in the middest of his hoste, it is rarum, insigne, memorabile facinus, a rare, a notable, and a memorable act, yea further, it is facinus non sine Dei optimi maximi particulari providentia et dispositione etc., a fact done not without the speciall providence and appointment of our good God, and the suggestion and assistance of His holy Spirit, yea a farre greater worke then was the slaying of Holofernes by holy Judith.
Verus monachus fictum acciderat, a true monke had killed the false monke, for that, as was reported, Henry the Third sometimes would use that habite when hee went in procession. And for France, even that part thereof which entertaineth the Popish religion, yet never could of ancient time brooke this usurped authoritie of the Sea of Rome, namely that the Pope had power to excommunicate kings and absolve subjects from their oath of allegeance. Which position is so directly opposite to all the Canons of the Church of France, and to all the decrees of the kings parliament there, as that the very body of Sorbone, and the whole Universitie of Paris condemned it as a most schismaticall, pestilent, and pernicious doctrine of the Jesuites, as may appeare in a treatise made to the French King and set out 1602, intituled Le Franc Discours. But to returne to the Jesuites, Catesby was resolved by the Jesuites that the fact was both lawfull and meritorious, and herewith hee perswaded and setled the rest, as any seemed to make doubt.
Concerning Thomas Bates, who was Catesbyes man, as hee was wound into this treason by his master, so was hee resolved, when hee doubted of the lawfulnesse thereof, by the doctrine of the Jesuites. For the maner, it was after this sort. Catesby noting that his man observed him extraordinarily, as suspecting somewhat of that which hee the said Catesby went about, called him to him at his lodging in Puddle-wharfe, and in the presence of Thomas Winter, asked him what hee thought the businesse was they went about, for that he of late had so suspiciously and strangely marked them. Bates answered that hee thought they went about some dangerous matter, whatsoever the particular were. Whereupon they asked him againe what hee thought the busines might be, and he answered that hee thought they intended some dangerous matter about the Parliament house, because hee had beene sent to get a lodging neere unto that place. Then did they make the said Bates take an oath to bee secret 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 hee was to receive the Sacrament for the more assurance, and thereupon hee went to Confession to the said Tesmond the Jesuite, and in his confession told him that hee was to conceale a very dangerous piece of worke that his master Catesby and Thomas Winter had imparted unto him, and said hee much feared the matter to be utterly unlawfull, and therefore therein desired the counsell of the Jesuite, 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 Queene, the Prince, the Lords Spirituall and Temporall, the judges, the knights, citizens and burgesses should all have beene there convented and met together. But the Jesuite being a confederate therein before, resolved and incouraged 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 conceale it. And thereupon the Jesuite gave him absolution, and Bates received the Sacrament of him in the companie of his master Robert Catesby and Thomas Winter. Also when Rookewood in the presence of sundrie of the traitors (having first received the oath of secrecie) had by Catesby imparted unto him the Plot of blowing up of the King and State, the said Rookewood, being greatly amazed thereat, answered that it was matter of conscience to take away so much blood, but Catesby replied that he was resolved, and that by good authoritie (as comming from the Superiour of the Jesuites) that in conscience it might bee done, yea though it were with the destruction of many innocents rather then the action should quaile. Likewise Father Hammond absolved all the traitors at Robert Winters house, upon Thursday after the discoverie of the Plot, they being then in open rebellion. And therefore hos o rex magne caveto [beware of these men, great King], and let all kings take heede, how they either favour or give allowance or connivence unto them.
2. The second consideration respecteth the persons against whome this treason was intended, which are, 1. the King who is Gods annointed. Nay, it hath pleased God to communicate his own name. Dixi, dii estis [I have said you are gods], not substantially or essentially so, neither yet on the side usurpative, by unjust usurpation, as the Devill and the Pope. But potestative as having his power derived from God within his territories; 2. their naturall liege lord and dread soveraigne, whose just interest and title to this crowne may bee drawen from before the Conquest, and if hee were not a king by descent, yet deserved hee to be made one for his rare and excellent endowments and ornaments both of body and mind. Looke into his true and constant religion and pietie, his justice, his learning above all kings christened, his acumen, his judgement, his memorie, and you will say that he is indeed

Solus praeteritis maior, meliorque futuris
[By himself greater than his predecessors, better than his successors].

But because I cannot speake what I would, I will forbeare to speak what I could. Also against the Queene, a most gracious and gracefull lady, a most vertuous, fruitfull and blessed vine, who hath happily brought forth such olive braunches, as that in benedictione erit memoria eius, her memorie shall be blessed of all our posteritie. Then against the royall issue male, next under God and after our soveraigne the future hope, comfort, joy, and life of our State. And as for preserving of the good Lady Elizabeth the Kings daughter, it should only have bin for a time to have served their purposes, and being thought a fit project to keepe others in appetite for their own further advantage. And then God knoweth what would have become of her. To conclude, against all the most honorable and prudent counsellers, and all the true hearted and worthy nobles, all the reverend and learned bishops, all the grave judges and sages of the law, all the principal knights, gentrie, citizens, and burgesses of Parliament, the flowre of the whole realme. Horret animus, I tremble even to thinke of it. Miserable desolation, no King, no Queene, no Prince, no issue male, no counsellers of state, no nobilitie, no bishops, no judges. O barbarous and more then Scythian or Thracian cruelty! No mantle of holinesse can cover it, no pretence of religion can excuse it, no shadow of good intention can extenuate it. God and heaven condemne it, man and earth detest it, the offenders themselves were ashamed of it, wicked people exclaime against it, and the soules of al true Christian subjects abhorre it. Miserable but yet sodaine had their ends bin, who should have dyed in that fierie tempest and storme of gunpowder. But more miserable had they been that had escaped, and what horrible effects the blowing up of so much powder and stuffe would have wrought, not only amongst men and beastes, but even upon insensible creatures, churches, and houses, and all places neere adjoyning, you who have been martiall men best know. For my self, vox faucibus haeret [my voice chokes in my mouth]. So that the King may say with the kingly Prophet David, O Lord, the proude are risen against mee, and the congregation, even synagoga, the synagogue of naughty men, have sought after my soule, and have not set Thee before their eyes. And as it is Psalme 140.5, the proude have laied a snare for mee, and spread a net abroad, yea and set trappes in my way. But let the ungodly fall into their own nets together, and let them ever escape them. Wee may say, If the Lord Himselfe had not beene on our side, yea if the Lord Himselfe had not beene our side, when men rose up against us, they had swallowed us up quicke, when they were so wrathfully displeased at us. But praised be the Lord, Which hath not given us over for a pray unto their teeth. Our soule is escaped even as a bird out of the snare of the fowler, the snare is broken, and we are delivered. Our helpe standeth in the name of the Lord Which hath made heaven and earth.
The third consideration respects the time when this treason was conspired. Wherein note that it was primo Iacobi [the first year of James’ reign, 1603], even at that time when His majestie used so great lenitie towards Recusants, in that by the space of a whole yeere and foure moneths he tooke no penaltie by statute of them. So farre was His Majestie from severitie, that besides the benefit and grace before specified, hee also honoured all alike with advancement and favours, and all this was continued untill the priests treason by Watson and Clarke. But as there is misericordia puniens [punishing mercy], so there is likewise crudelitas parcens [sparing cruelty]. For they were not only by this not reclaymed, but (as plainely appeareth) became far worse. Nay the Romish Catholiques did at that very time certifie that it was very like, the King would deale rigorously with them, and the same do these traitors now pretend as the chiefest motive, whereas in deed they had treason on foot against the King before they see his face in England. Neither afterwards for all the lenitie he used towards them, would any whit desist or relent from their wicked attempts. Nay (that which commeth next to bee remembred in this part of their arraignement) they would picke out the time of Parliament for the execution of their hideous treasons, wherein the floure 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 continuum affectum tribuit peccandi, lenitie having once bred a hope of impunitie, begat not onely insolencie, but impenitencie and increase of sinne.
4. Wee are to consider the place, which was the sacred senate, the house of Parliament. And why there? For that, say they, unjust lawes had formerly beene there made against Catholiques. Therefore that was the fittest place of all others to revenge it, and to do justice in. If any aske who should have executed this their justice, it was Justice Fawkes, a man like enough to doe according to his name. If by what law they ment to proceed, it was Gunpowder Law. But concerning those lawes which they so calumniate as unjust, it shall in fewe words plainely appeare, that they were of the greatest both moderation and equitie that ever were any. For from the year 1. Elizabethae unto 11 all Papists came to our Church and service without scruple. I my selfe have seene Cornewallis, Beddingfield, and others at Church, so that then for the space of ten yeeres, 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 Queene was accursed and deposed, and her subjects discharged of their obedience and othe, yea cursed if they did obey her, then did they all forthwith refraine the Church, then would they have no more societie with us in prayer. So that Recusancie in them is not for religion, but in acknowledgement of the Popes power, and a plaine manifestation what their judgement is concerning the right of the prince in respect of regall power and place. Two yeeres after, viz. anno 13. Elizabethae, was there a law made against the bringing in of Bulles, etc. Anno 18. came Mayne a priest to move sedition. Anno 20. came Campion the first Jesuite, who was sent to make a party here in England for the execution of the former Bull. Then followes treasonable bookes. Anno 23. Elizabethae after so many yeeres sufferance, there were lawes made against Recusants and seditious bookes. The penaltie or sanction for Recusancie was not losse of life or limme or whole state, but onely a pecuniarie mulct and penaltie, and that also untill they would submit and conforme themselves, and againe come to Church as they had done for tenne yeere before the Bull. And yet afterwards the Jesuites and Romish priests both coming dayly into and swarming within the realme, and infusing continually this poyson into the subjects hearts, that by reason of the said Bull of Pius Quintus, Her Majestie stood excommunicated and deprived of her kingdome, and that her subjects were discharged of all obedience to her, endevouring by all meanes to drawe them from their dutie and allegeance to Her Majestie, and to reconcile them to the Church of Rome. Then 27. Elizabethae a law was made, that it should be treason for any (not to bee a priest and an Englishman, borne the Queenes naturall subject) but for any being so borne her subject, and made a Romish priest, to come into any of her dominions, to infect any her loyall subjects with their treasonable and damnable perswasions and practises, yet so that it concerned only such as were made priests sithence Her Majestie came to the crowne, and not before.
Concerning the execution of these lawes, it is to bee observed likewise that, whereas in the quinquennie, the five yeeres of Queene Mary, there were cruelly put to death about 300 persons for religion, in all Her Majesties time by the space of 44 yeeres and upwardes, there were for treasonable practises executed in all not 30 priests, nor above five receivers and harbourers 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 doe holde for Ireland also, and the parts beyond the seas. That is, whether such as were there reconciled bee within the compasse 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 13 severall Actes of Parliament, so that the Crowne and King of England is no wayes to be drawen under the government of any forrain power whatsoever, neither oweth duty to any, but is immediatley under God Himselfe. Concerning the Popes, for 33 of them, namely unto Silvester, they were famous martyrs. But quicunque desiderat primatum in terris, inveniet confusionem in coelis, hee that desires primacie upon earth shall surely finde confusion in heaven.
The fifth consideration is of the end, which was to bring a finall and fatall confusion upon the State. For howsoever they sought to shadow their impietie with the cloke of religion, yet they intended to breede a confusion fit to get new alteration, for they went to joyne with Romish Catholikes and discontented persons.
Now the sixth point, which is the meanes to compasse and worke these designes, were damnable, by myning, by sixe and thirtie barrels of powder, having crows of iron, stones and wood laide 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 ayre would there have bene! But as it is in the booke of Kings, when Elias was in the cave of the mount Horeb, and that hee was called forth to stand before the Lord, behold a mightie strong winde rent the mountaines and brake the rockes, sed non in venio Dominus, but the Lord was not in the wind. And after the wind came a commotion of the earth and ayre, 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 then the very damned spirit of Dives, who as it is in the Gospel, desired that others should not come in locum tormentorum [into the place of torments].
7. The next consideration is the secret contriving and carriage of this treason, to which purpose there were foure meanes used. First, Catesby was commended to the Marques for a regiment of horses 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 without suspition. The second meanes was an oath which they solemnely and severally tooke, aswell for secrecie as perseverance and constancie in the execution of their Plot. The forme of the oath was as followeth:

You shall sweare by the blessed Trinitie, and by the Sacrament you now purpose to receive, never to disclose directly nor indirectly, by word or circumstance, the matter that shall be proposed to you to keepe secret, nor desist from the execution thereof untill the rest shall give you leave.

This oath was by Gerrard the Jesuite given to Catesby, Percy, Christopher Wright, and Thomas Winter at once, and by Greenewel the Jesuite to Bates at another time, and so to the rest.
The third was the Sacrament, which they impiously and devilishly prophaned to this end. But the last was their perfidious and perjurious equivocating abetted, allowed, and justified by the Jesuites, not onely simply to conceale or denie an open trueth, but religiously to averre, to protest upon salvation, to swear that which themselves know to be most false, and all this by reserving a secret and private sense inwardly to themselves, whereby they are by their ghostly fathers perswaded that they may safely and lawfully delude any question whatsoever. And here was shewed a booke written not long before the Queenes death, at what time Thomas Winter was imployed into Spaine, intituled A Treatise of Equivocation, which booke being seene and allowed by Garnet, the Superiour of the Jesuits, and Blackwel the archpriest of England, in the beginning thereof, Garnet with his owne hand put out these words in the title of Equivocation and made it thus, A Treatise against lying, and fraudulent dissimulation, whereas indeed and trueth it makes for both, speciosaque nomina culpae imponis, Garnette, tuae [Garnet, you put a fair name on your fault]. And in the end thereof, Blackwel besprinkles it with his blessing, saying Tractatus iste valde doctus et vere pius et Catholicus est. Certe sanctarum scripturarum, patrum, doctorum, scholasticorum, canonistarum, et optimarum rationum praesidiis plenissime firmat aequitatem aequivocationis. Ideoque dignissimus est qui typis propagetur ad consolationem afflictorum Catholicorum et omnium piorum instructionem. That is, this treatise is very learned, godly, and Catholike, and doeth most fully confirme the equitie of Equivocation, by strong proofes out of holy Scriptures, Fathers, doctors, schoolemen, canonists, and soundest reasons, and therefore worthy to be published in print, for the comfort of afflicted Catholikes, and instruction of all the godly.
Now in this booke there is propositio mentalis, verbalis, scripta, and mixta, distinguishing of a mentall, a verball, a written, and a mixt proposition, a very labyrinth to leade men into error and falshood. For example, to give you a little taste of this art of cousning.
A man is asked upon oath this question, Did you see such a one to day? He may by this doctrine answere No, though hee did see him, viz., reserving this secret meaning, not with purpose to tell my Lord Chiefe Justice. Or, I see him not visione beatifica, or, not in Venice, etc. Likewise to answer thus, I was in the companie, reserving and intending secretly as added, this word Not, as Strange the Jesuit did to my Lord Chiefe Justice and my selfe. Take one or two of these out of that very booke, as for purpose. A man commeth unto Coventrie in time of a suspicion of plague, and at the gates the officers meete him, and upon his oath examine him, whether hee came from London or no, where they thinke certainely the plague to be. This man knowing for certaine the plague not to bee at London, or at least knowing that the ayre is not there infectious, and that hee onely ridde through some secret place of London, not staying there, may safely sweare he came not from London, answering to their finall intention in their demaund, that is, whether hee came so from London that he may indanger their citie of the plague, although their immediate intention were to know whether hee came from London or no. That man (sayth the booke) the very light of nature would cleere from perjurie. In like maner one being convented in the bishops court, because he refuseth to take such a one to his wife as he had per verba de praesenti, having contracted with another privily before, so that hee cannot bee husband to her that claimeth him, may answere that hee never contracted with her per verba de praesenti, understanding that he did not so contract that it was marriage, for that is the finall intention of the judge to know whether there were a sufficient marriage betwene them or no. Never did Father Cranmer, Father Latimer, Father Ridley, those blessed martyrs, knowe these shifts, neither would they have used them to have saved their lives. And surely let every goodman take heede of such jurors or witnesses, there being no faith, no bond of religion or civilitie, no conscience of trueth in such men, and therefore the conclusion shall be that of the Prophet David, Domine libera animam a labiis iniquis et a lingua dolosa, Deliver me O Lord from lying lips and from a deceitfull tongue.
S. P. Q. R. was sometimes taken for these words, Senatus Populusque Romanus, the Senate and People of Rome, but now they may truely be expressed thus, Stultus Populus Quaerit Romam, A foolish people that runneth to Rome. And heere was very aptly and delightfully inserted and related the apologue or tale of the catte and the mise. The cat having a long time prayed upon the mise, the poore creatures at last for their safetie conteined themselves within their holes, but the catte finding his pray to cease, as being knowen to the mise that he was indeede their enemie and a cat, deviseth this course following, viz. changeth his hue, getteth on a religious habite, shaveth his crowne, walkes gravely by their holes. And yet perceiving that the mise kept their holes, and looking out suspected the worst, he formall and fatherlike said unto them, Quod fueram non sum, frater, caput aspice tonsum, O brother, I am not as you take me for, no more a catte, see my habite and shaven crowne. Heereupon some of the more credulous and bold among them were againe by this deceit snatched up, and therefore when afterwards hee came as before to intice them forth, they would come out no more, but answered Cor tibi restat idem, vix tibi praesto fidem, talke what you can we will never beleeve you, you have still a cats heart within you. You doe not watch and pray, but you watch to pray. And so have the Jesuites, yea and priests too, for they are all joyned in the tailes like Sampsons foxes, Ephraim against Manasses, and Manasses against Ephraim, but both against Juda.
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 bin sayd, against his own will. The meanes was by a darke and doubtfull letter sent to my Lord Mountegle. And thus much as touching the considerations. The observations follow, to be considered in this Powder Treason, and are briefly thus.
1. If the cellar had not beene hired, the myneworke could hardly or not at all have beene discovered, for the mine was neither found nor suspected untill the daunger was past, and the capitall 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 angell of God to direct and point as it were to the very place, to cause a search to be made there, out of those darke wordes of the letter concerning terrible blow.
3. Observe a miraculous accident which befell in Stephen Littletons house called Holbach in Staffordhire, after they had been two daies in open rebellion, immediately before the apprehension of these traitors. For some of them standing by the fire side, and having set 2 pounds and di. of powder to drie in a platter before the fire, and underset the said platter with a great linnen bagge ful of other powder conteyning some fifteene or sixteene poundes, it so fell out that one comming to put more wood into the fire, and casting it on, there flue a coale into the platter, by reason whereof the powder taking fire and blowing up, scorched those who were neerest, as Catesby, Graunt, and Rookewood, blew up the roofe of the house, and the linnen bagge which was set under the platter being therewith sudenly carried out through the breach, fell downe in the court yard whole and unfired, which if it had took fire in the roome, would have slaine them all there, so that they never should have come to this triall.

An lex iustior ulla est,
Quam necis artifices arte perire sua?
[Is their any more just law, than that artists of murder perish by their own art?]

4. Note that gunpowder was the invention of a fryar, one of that Romish rable, as printing was of a souldier.
5. Observe the sending of Bainham one of the damned crew to the high priest of Rome, to give signification of this blow, and to crave his direction and aide.
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 Catholiques should be cut, such is His Majesties blessed government, and the loyaltie of his subjects, as they got not any one man to take their parts besides their owne company.
7. Observe the Shiriffe, the ordinary minister of justice according to the dutie of his office, with such power as he on a sodaine by law collected, suppressed them.
8. That God suffered their intended mischiefe to come so neere the period, as not to be discovered but within few houres before it should have beene executed.
9. That it was in the entring of sunne into the Tropique of Capricorne when they began their myne, noting that by myning they should descend, and by hanging ascend.
10. That there never was any Protestant minister in any treason and murder as yet attempted within this realme.
I am now come to the last part, which I pressed in the beginning of this discourse, and that is touching certaine comparisons of this Powder Treason of the Jesuites with that of Raleigh, and the other of the priests Watson and Clarke. 1. They had all one end, and that was the Romish Catholike cause. 2. The same meanes, by Popish and discontented persons, priests, and lay men. 3. They all plaid at hazard, the priests were at the By, Raleigh at the Maine, but these in at all, as purposing to destroy all the Kings royall issue, and withall the whole estate. 4. They were all alike obliged by the same othe and Sacrament. 5. The same proclamations were intended (after the fact) to be published for reformation of abuses. 6. The like armie provided for invading, to land at Milford Haven or in Kent. 7. The same pension of crownes promised. 8. The agreeing of the times of the treason of Raleigh and those men, which was, when the Constable of Spaine was comming hither, and Raleigh said there could be no suspition of any invasion, seeing that the Constable of Spaine was then expected for a treatie of peace, and the navie might bee brought to the Groine under pretence of the service in the Low Countryes. And Raleigh further said that many more were hanged for wordes then for deeds. And before Raleighs treason was discovered, it was reported in Spaine that Don Raleigh and Don Cobham should cut the King of Englands throate. I say not that we have any proofes that these of the powder Plot were acquainted with Raleigh, or Raleigh with them. But as before was spoken of the Jesuites and priests, so they all were joyned in the endes, like Sampsons foxes in the tayles, howsoever severed in their heads.
The conclusion shall be from the admirable clemencie and moderation of the King, in that howsoever these traitors have exceeded all others their predecessors in mischiefe, and so crescente malitia, crescere debuit et poena [as the malice increases, so should the punishment], yet neither will the King exceed the usuall punishment of lawe, nor invent any new torture or torment for them, but is graciously pleased to afford them aswell an ordinarie course of triall, as an ordinarie punishment, much inferiour to their offence. And surely worthy of observation is the punishment by law provided and appointed for high treason, which we call crimen laesae maiestatis. For first after a traitor hath had his just trial, and is convicted and attainted, he shall have his judgement to be drawen to the place of execution from his prison, as being not worthie any more to tread upon the face of the earth whereof he was made. Also for that he hath beene retrograde to nature, therefore is hee drawen backwardes at a horse tailes. And whereas God hath made the head of man the highest and most supreame part, as being his chiefe grace and ornament,

pronaque cum spectent animalia caetera terram,
os homini sublime dedit,
[While other animals look downward at the ground, god has given Man a lofty field of view]

hee must be drawen with his head declyning downward, and lying so neere the ground as may be, being thought unfit to take benefit of the common ayre. For which cause also he shalbe strangled, being hanged up by the necke betweene heaven and earth, as deemed unworthy of both, or either, as likewise that the eyes of men may behold, and their hearts contemne him. Then is hee to be cut downe alive, and to have his privie parts cut off and burnt before his face, as being unworthily begotten and unfit to leave any generation after him. His bowels and inlayed parts taken out and burnt, who inwardly had conceived and harboured in his heart such horrible treason. After, to have his head cut off which had imagined the mischiefe. And lastly, his body to be quartered, and the quarters set up in some high and eminent place, to the view and detestation of men, and to become a pray for the foules of the aire. And this is a reward due to traitors, whose hearts be hardened. For that is phisicke of State and government, to let out corrupt blood from the heart. But poenitentia vera nunquam sera, sed poenitentia sera raro vera. True repentance is indeed never too late, but late repentance is seldome found true. Which yet I pray the mercifull Lord to grant unto them, that having a sense of their offences, they may make a true and sincere confession both for their soules health and for the good and safty of the King and this State. And for the rest that are not yet apprehended, my praier to God is, ut aut convertantur ne pereant, aut confundantur ne noceant, that either they may be converted to the end they perish not, or els confounded that they hurt not.
After this, by the direction of Master Atturney Generall, were their severall 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 Atturney desire that, albeit that which had beene already done and confessed at the barre might be alsufficient for the declaration and justification of the course of justice then held, especially seeing wee have reos confitentes, the traitors owne voluntary confessions at the barre, yet for further satisfaction to so great a presence and audience, and their better memorie of the carriage of these treasons, the voluntarie and free confessions of all the said several traitors in writing subscribed with their owne proper hands, and acknowledged at the barre by themselves to be true, were openly and distinctly read. By which, amongst other things, it appeared that Bates was resolved for what hee undertooke concerning the Powder Treason, and being therein warranted by the Jesuites. Also it appeared that Hammond the Jesuite, after that he knew the Powder Treason was discovered, and that these traitors had bin in actuall rebellion, confessed them, and gave them absolution, and this was on Thursday the 7. of November. Here also was mention made by Master Atturney of the confessions of Watson and Clarke, seminarie priests, upon their apprehension, who affirmed that there was some treason intended by the Jesuites and then in hand, as might appeare, first by their continuall negociating at that time with Spaine, which they assured themselves tended to nothing but a preparation for a forreine commotion.
2. By their collecting and gathering together such great summes of mony as then they had done, therewith to leavie an army when time should serve.
3. For that sundrie of the Jesuites had bene tampering with Catholikes, as well to disswade them from acceptance of the King at his first comming, saying that they ought rather to die then to admit of any hereticke (as they continually termed His Majestie) to the crowne. And that they might not under paine of excommunication accept of any but a Catholike for their soveraigne, as also to disswade Catholikes from their loyaltie after the State was settled.
Lastly, in that they had both brought up store of great horses throughout the countrey, and conveyed powder and shotte, and artillerie secretly to their friendes, wishing them not to stirre, but keepe themselves quiet untill they heard from them.
After the reading of their severall examinations, confessions, and voluntarie 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 conteined in their indictment, and then being severally asked what they could say wherefore judgement of death should not be pronounced against them, there was not one of these (except Rookewood) who would make any continued speech either in defence or extenuation of the fact. Thomas Winter onely desired that he might be hanged both for his brother and himselfe. Guy Fawkes being asked why hee pleaded Not Guiltie, having nothing to say for his excuse, answered that he had so done in respect of certaine conferences mentioned in the indictment, which he said that hee know not of, which were answered to have beene set downe according to course of law, as necessarily presupposed before the resolution of such a designe. Keyes said that his estate and fortunes were desperate, and as good now as an other time, and for this cause rather then for an other. Bates craved mercie. Robert Winter mercie. John Grant was a good while mute, yet after submissely said hee was guilty of a conspiracie intended, but never effected. But Ambrose Rookewood first excused his deniall of the indictment, for that he had rather loose his life then give it. Then did hee acknowledge his offence to be so hainous that hee justly deserved the indignation of the King, and of the Lords, and the hatred of the whole Common wealth, yet could he not despaire of mercie at the hands of a prince so abounding in grace and mercie. And the rather because his offence, though it were incapable of any excuse, yet not altogether incapable of some extenuation, in that he had beene neither author nor actor, but onely perswaded and drawen in by Catesby, whome hee 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 owne, but onely drawen with the tender respect and the faithfull and deare affection he bare to Master Catesby his friend, whome he esteemed more dearer then any thing else in the world. And this mercie he desired not for any feare of the image of death, but for griefe that so shamefull a death should leave so perpetuall a blemish and blot unto all ages upon his name and blood. But howsoever that this was his first offence, yet he humbly submitted himselfe to the mercie of the King, and praied that the King would herein imitate God, who sometimes doeth punish corporaliter, non mortaliter, corporally yet not mortally.
Then was related how that on the Friday immediately before this arraignmente, Robert Winter having found opportunitie to have conference with Fawlkes in the Towre, in regard of the neerenesse of their lodgings, should say to Fawlkes, as Robert Winter and Fawlkes confessed, that hee and Catesby had sonnes, and that boyes would bee 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 sorie that no body did set forth a defence or apologie of their action, but yet they would maintaine the cause at their deaths.
Here also was reported Robert Winters dreame, which hee had before the blasting with powder in Littletons house, and which hee himselfe confessed and first notified, viz. that hee thought hee saw steeples stand awrie, and within those churches straunge and unknown faces. And after, when the foresaid blast had the day following scorched divers of the confederates, and much disfigured the faces and countenances of Grant, Rookewood, and others, then did Winter call to mind his dreame, and to his remembrance thought that the faces of his associates so scorched resembled those which hee had seene in his dreame. And thus much concerning the former indictment.
Then was Sir Everard Digby arraigned, and after his indictment was read, wherein he was charged not onely to have beene acquainted with the Powder Treason and concealed it, and taken the double oath of secrecie and constancie therein, but likewise to have beene an actour in this conspiracie, and lastly to have exposed and openly shewed himselfe in the rebellion in the countrie 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 proofes against him, and convicted with the testimony of his own conscience, shewed his disposition to confesse the principall part of the said indictment, and so began to enter into a discourse. But being advertised that he must first plead to the indictment directly, either Guiltie or Not Guiltie, and that afterwards hee should be licensed to speake his pleasure, hee 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 motive which drew him into this action was not ambition or discontentment of his estate, neither malice to any in Parliament, but the friendship and love hee bare to Catesby, which prevailed so much, and was so powerfull with him, as that for his sake hee was ever contented and ready to hazard himselfe and his estate. The next motive was the cause of religion, which alone, seeing (as he sayd) it lay at the stake, hee entred into resolution to neglect in that behalfe his estate, his life, his name, his memorie, his posteritie, and all worldly and earthly felicitie whatsoever, though he did utterly extirpate and extinguish all other hopes for the restoring of the Catholike religion in England. His third motive was that promises were broken with the Catholikes. And lastly, that they generally feared harder lawes from this Parliament against Recusants, as that Recusants wives and women should bee lyable 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 Catholike.
His petitions were that sithens his offence was confined and contained within himselfe, that the punishment also of the same might extend onely to himselfe, and not be transferred either to his wife, children, sisters, or others, and therefore for his wife he humbly craved that shee might enjoy her joincture, his sonne the benefite of an entaile made long before any thought of this action, his sisters, their just and due portions which were in his hands, his creditours, their rightfull debts, which that hee might more justly set downe under his hand he requested that before his death his man (who was better acquainted both with the men and the particulars then himselfe) might be licensed to come unto him. Then prayed hee pardon of the King and Lords for his guilt, and lastly hee entreated to be beheaded, desiring that his death might satisfie them for his trespasse.
To this speech foorthwith answered Sir Edward Coke Atturney Generall, but in respect of the time (for it grew now darke) very briefly: 1.) for his friendship with Catesby, that it was meere folly and wicked conspiracie; 2. his religion, error and heresie; 3. his promises, idle and vain presumptions, as also his feares false alarmes. Concerning wives that were Recusants, if they were knowen to bee before their husbands (though they were good Protestants) tooke them, and yet for outward and worldly respects whatsoever, any would match with such, great reason there is that he or they should pay for it, as knowing the penaltie and burthen before. For volenti et scienti non fit iniuria, no man receives injury in that to which hee willingly and knowingly agreeth and consenteth. But if shee were no Recusant at the time of mariage, and yet afterwards he suffer her to bee corrupted and seduced by admiting priests and Romanists into his house, good reason likewise that hee, be he Papist or Protestant, should pay for his negligence and misgovernment.
4. Concerning the petitions for wife, for children, for sister, etc., O how he doth now put on the bowels of nature and compassion in the perill of his private and domesticall estate! But before, when the publique state of his country, when the King, the Queene, the tender Princes, the nobles, the whole kingdome were designed to a perpetuall destruction, where was then this pietie, this religious affection, this care? All nature, all humanitie, all respect of lawes both divine and humane were quite abandoned. Then was there no conscience made to extirpate the whole nation, and all for a pretended zeale to the Catholique religion, and the justification of so detestable and damnable a fact.
Here did Sir Everard Digbie interrupt Master Atturney, and said that he did not justifie the fact, but confessed that hee deserved the vilest death and most severe punishment that might be. But he was an humble petitioner for mercie and some moderation of justice. Whereupon Master Atturney replyed that hee should not looke to the King to be honoured in the manner of his death, having so farre abandoned all religion and humanitie in his action, but that hee was rather to admire the great moderation and mercie of the King in that for so exorbitant a crime no new torture answereable thereunto was devised to bee inflicted upon him. And for his wife and children, whereas hee said that for the Catholike cause he was content to neglect the ruine of himselfe, his wife, his estate, and all, hee should have his desire as it is in the Psalme, Let his wife bee a widow and his children vagabonds, let his posteritie bee destroyed, and in the next generation let his name be quite put out. For the paying of your creditors, it is equall and just, but yet fit the King bee first satisfied and paid, to whom you owe so much as all that you have is too litle. Yet these things must be left to the pleasure of His Majestie and the course of justice and law.

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