The Condition of Catholics Under James I. Part 25

And see the providence of G.o.d. That Sir Everard Digby, knowing nothing at all of this Father's demand of trial by his testimony, yet hearing him so wrongfully accused in the process against them, he did of his own accord there publicly protest his knowledge of the Father's innocency, yea, and of his inclination also against such practices, which was more than the Father desired in his letters should be demanded. Now, because these trials were not made which Father Gerard so earnestly requested, he therefore, before his going out of England, did publish these letters to some of his friends, that the world might see how clear he was, and what equal and full trial he offered to show his innocency.

Now, whereas it was reported that Bates had accused Father Gerard, and that, upon his accusation Father Gerard was put in the proclamation with the others, that is also apparently disproved by Bates his own letter, written a day or two before his arraignment, and sent unto a Priest his last ghostly Father, who did help him with the Sacraments after his examinations and some weakness showed in them, as may appear also by his letter, whereof the original is kept under his own hand, and may be seen to be the same handwriting which is annexed unto his examinations themselves. The true copy is this:

"Sir, I humbly thank you for your great comfort and pains taken for me. I praise G.o.d I find myself more stronger to resist, and do hope shall more and more. Sir, when I was at Hobadge House, where my master was slain, that morning at my going away from him, by reason of the misfortune that fell amongst us by powder, Mr.

Christopher Wright flung me out of a window an 100_l._, and desired me, as I was a Catholic, to give unto his wife and his brother's wife 80_l._, and take 20_l._ myself. I took out by guess some 22_l._, as I think, and left it with a friend of mine, and desired him, if I did miscarry in this action, he should bestow it amongst my children. Now, I would entreat you to give my fellow George instructions what to do in it. I refer it to you. Mr.

Wright had of me at times, in money and kine, as much as came to some 28_l._, but my master told me he would pay me, but he did not. Now whether my wife may take that money out of that I refer to you. Also, further, I have dealt with my keeper to deal with the Clerk of the Council for my pardon, and have promised an 100_l._ if it may be had, which I made account that money should have served that turn; but I am out of all hope for that, unless it be G.o.d's will to deliver me. This morning I was sent for down, and there was a fellow ready with a new suit of fustian, and my keeper made me to essay it, and neither said it was for me nor anything, but I know it was provided for me. The meaning I know not. And before that my Lord of Salisbury asked me what I wanted, and caused the keeper to buy me a new gown, and bade him use me extraordinary well. All this makes me full of doubts, for I fear it is but to serve their own turns of me and then to hang me. Is it not best for me, if the clothes be offered me, to refuse them?

I pray you resolve me in that, for I have a purpose to tell the keeper, 'I have clothes good enough to serve me as long as I live, I fear, and therefore will none.' I beseech you to send me word what your opinion is in these things being offered me. At my last being before them I told them I thought Mr. Greenway knew of this business, but I did not charge the others with it, but that I saw them all together with my master at my Lord Vaux's, and that after I saw Mr. Walley and Mr. Greenway at Coughton, and it is true. For I was sent thither with a letter, and Mr. Greenway rode with me to Mr. Winter's to my master, and from thence he rode to Mr.

Abington's. This I told them and no more. For which I am heartily sorry for, and I trust G.o.d will forgive me, for I did it not out of malice but in hope to gain my life by it, which I think now did me no good. Thus desiring your daily prayers I commit you to G.o.d."

This is the true copy of his letter, by which it appears that a man so weak and so ignorant, as here he showeth himself to be, might easily be wrought upon, especially by those means that here he expresseth were used to him; and that such an one to save his life would strain his conscience far, as indeed he did when he saith that he saw those three at my Lord Vaux's; for in truth he did not, nor saw Father Gerard of a year or two before; but if he had seen him in that place at that time, yet that had been no accusation of this treason (as is sufficiently proved in the -(398) chapter where the same matter is handled); and as himself directly saith in this letter, that he did not accuse him at all, nor Father Walley, nor the other neither of knowledge; but only that he thought he knew of the business: whereby it appears that it is not true, which was afterwards affirmed in Father Garnett's arraignment that Bates had told Mr. Greenway of the matter in confession. And this Bates being the only one of the conspirators of whom it was reported that he had accused Father Gerard, which here in plain words you see himself doth say he did not, it remains apparent that never any did accuse him. And this letter under Bates his own hand being haply brought to Father Gerard a little before his departure out of England,(399) he did annex the true copy of the same unto the letters before mentioned, which he had sent unto the Council, and sent them unto a friend to be published by him after his departure; and of them all there be divers copies taken, of which myself have one, in which there is this clause amongst others for his clearing, which methinks doth offer enough, if reason may be accepted and the promise there alleged performed. After he had offered and humbly desired of the Council two sufficient kinds of trial of his cause before specified, seeing that neither of them were performed, in his letter wherewith he published those offers made, he citeth a sentence out of my Lord of Salisbury his book then newly come forth, wherein the Earl declared his mind to be no ways bent to seek the blood of any but such as had themselves laboured to seek the blood of others, saying that he only desired, "Necis artifices arte perire sua."(400) This sentence (worthy indeed the pen and practice of a Councillor in so eminent authority(401)) Father Gerard desired should be made the rule or square whereby the line of his accusation might be straitened; and offered that if it could be duly proved, that ever, either in this most unnatural treason or in any other action, he had wrought or sought the death of any man, let him then be punished with as cruel a death as wit of man could devise, and find no eye nor heart to pity him.

This was his offer, and then he addeth further: "But if," saith he, "neither this can be proved nor any proofs of my innocency (whereof there be divers produced for me and none against me) may be in my case admitted, but that I must remain, &c., yet I would not the world should think it doth or can bereave me of that quiet and contentment of mind, which I have in the confident expectation of G.o.d's protection and favour;" and so he goeth forward, laying down sufficient reasons for both to the full satisfaction of the reader, both of his innocency touching this accusation and of his willing acceptance of G.o.d's blessed will and disposition.

Now to return unto Sir Everard Digby. After he had ended his speech with the foresaid protestation,(402) that he thought a.s.suredly all the Fathers were innocent of this treason, and that he knew for certain that Father Gerard had not so much as any knowledge at all thereof, then the Earl of Northampton made a speech, which he chiefly directed to Sir Everard Digby in answer of that point, especially where Sir Everard urged the King's promise for toleration. And, first, the Earl said that, if he could lament any man upon earth in that case, he could pity him in respect of his worth many ways, and the good opinion he had formerly conceived of him. He witnessed also that Queen Elizabeth esteemed him much, and, to his own knowledge, had spoken of Sir Everard with great grace. Then, after a sufficient discourse, proving by sound reasons the foulness of this treason, his Lords.h.i.+p came to that promise of the King, which there he utterly denied, and proved it by Watson his confession before his death, who had been a chief man to divulge the same before. And that Watson affirmed likewise, he had given out such hopes before contrary to his knowledge, only to move Catholics to a willing acceptance of the King. All which, though we admit as true, being affirmed by the Earl as spoken to himself, yet Catholics are not thereby persuaded that Watson received no such hopes from His Majesty when he kneeled before him in Scotland. For they think it much more likely that Watson, being in this peril of death and in the power of the Council, would misreport his former persuasion of mind and the cause thereof, thereby to please the more, and by pleasing to obtain favour, which divers of his other words at that time, related also in this speech, did plainly show he did both desire and hope for. Whereas, when he returned out of Scotland he had no such cause to dissemble, and to relate such a.s.sured promises to so many Catholics, as it is known he did, if himself had been out of hope thereof; yea, and that he did not therein dissemble his sequent actions did apparently prove. For he was the first man that laboured to persuade Catholics to take arms against His Majesty, as hath been declared before (though, thanks be to G.o.d, he could prevail but with a very few therein), which, happening within the first year, it appears he ran that contrary course so soon as he had the contrary opinion; which, if he had brought with him out of Scotland (as he affirmed to the Earl of Northampton in the time of his imprisonment), then had it been more easy for him to have persuaded Catholics there was no hope to be had, and so to have kept him out, than after he had a.s.sured them the contrary, and the King was settled in his throne, then to persuade them thereunto, which then was much more difficult and unlikely. And, therefore, nothing likely he would first have been so forward to plant that tree, which so soon after himself did first endeavour to cut down, and that with hazard and loss of his life, unless he had first expected other fruit than afterwards he found. But Watson's reports were not the greatest grounds that Catholics did build their hopes upon. Divers men, his betters much, did affirm the same, whose words were more esteemed than either Watson's or Percy's in that cause. It was not the least part of needful policy that such a conceit should run for current in the minds of Catholics generally, and such hopes to be thought likely at that time by whomsoever they were given out, which I will not here dispute; for that persuasion, no doubt, did strengthen much the Catholics' mind, which was found so ready to receive their King with all peace and comfort. And I make no question but if it pleased His Majesty to perform as much as then was hoped, it would prove no less profitable in all respects unto the stability of peace and happiness than pleasing to the receivers, in regard of their ease and mitigation of their afflictions.

Unto the speech of Sir Everard Digby the Earl of Salisbury did likewise answer in defence of the King's word, esteeming that Sir Everard did seem to tax His Majesty with breach of promise, which many think was not the intention of the prisoner, but only to show that, such general hopes being conceived upon some likely ground as they presumed, and now seeing all hopes to fail, they were the more easily induced to run this other course for the redress of their own miseries. And so, against the likelihood of these hopes, the Earl's speech did prove fully that the King had always professed the contrary religion most earnestly, and that His Majesty was so far from giving hope of toleration that he would not endure the least motion thereof to be proposed. And yet the Earl in the same speech declared how His Majesty had dealt favourably with divers princ.i.p.al Catholic gentlemen who were sent for to the Court in the time of Watson his treason before mentioned; at which time finding them free from having their hands in any treason (said the Earl) they were dismissed with encouragement to persist in their dutiful carriage, and that the payments for not going to Church should be forgiven them in respect of their so much loyalty showed at the King's entry, and for that they had afterwards kept themselves so free.(403) In this speech the Earl of Salisbury did show great zeal to defend His Majesty from the least touch of breach of his promise, and therein to disprove that which he thought would be conceived of Sir Everard Digby's words. And though otherwise he acknowledged Sir Everard to be his alliance by marriage, yet it is thought that in regard chiefly of this his speech, he had not his pet.i.tion granted of being beheaded, but was with all the rest adjudged presently to be hanged, drawn, and quartered, according to the ordinary form of judgment in case of high treason. So then, having received the sentence of death, they were all returned to their prisons until Thursday and Friday following, which were the days of their execution; only Mr. John Winter (being the youngest of the three brothers) was not then put to death, but carried after into the country and suffered at Worcester, as shall afterward be declared.

(M16) On Thursday, therefore, being the 30th of January, four of the eight were drawn upon sledges and hurdles from the Tower to St. Paul's Churchyard, where they were to suffer, _vidlt._, Sir Everard Digby, Mr.

Robert Winter, Mr. John Graunt, and -- Bates. And being arrived there, first Sir Everard Digby was taken off the hurdle and led up to the scaffold, of whom the pamphlet before alleged set forth of their judgment and death as much to disgrace them as might be, yet hath these words, "First went up Digby, a man of a goodly personage and a manly aspect. He enforced himself to speak as stoutly as he could; his speech was not long and to little good purpose, only that his belied conscience (being but indeed a blinded conceit) had led him into this offence, which, in respect of his religion (_alias_ indeed idolatry), he held no offence, but, in respect of the law, he held an offence, for which he asked forgiveness; and so, with vain and superst.i.tious crossing of himself, betook him to his Latin prayers, mumbling to himself, refusing to have any prayers of any but of the Romish Catholics, went up the ladder." Thus he. By which relation, though set down with much ill-will against him and his religion, yet it is easy to see thereby what state of mind he died in. The truth is he gave great satisfaction to all the standers-by.(404) When he was first brought up to the scaffold, after he had commended himself to G.o.d, being wished, as the custom is, to acknowledge his treason for which he died, he did accordingly acknowledge the fact intended according to his judgment, but withal he declared that his motives were no evil will to any, nor any love to himself for worldly respects, but the ending of persecution of Catholics, the good of souls, and the cause of religion. In which regard he could not condemn himself of any offence to G.o.d, though he granted he had offended the laws of the realm, for which he asked their pardon, and was willing to suffer death, and thought nothing too much to suffer for those respects which had moved him to that enterprise. The preachers standing by, as the fas.h.i.+on is, did move him to pray with them. He absolutely refused, and desired the a.s.sistance and prayers of all good Catholics, himself fell to his prayers with such devotion as much moved all the beholders. And when he had done, he stood up and saluted all the n.o.blemen and gentlemen that stood upon the scaffold, every one according to his estate, to the n.o.blemen with a lower _conge_, to others with more show of equality, but to all in so friendly and so cheerful a manner, as they afterwards said, he seemed so free from fear of death as that he showed no feeling at all of any pa.s.sion therein, but took his leave of them as he was wont to do when he went from the Court or out of the city to his own house in the country; yet withal he showed so great devotion of mind, so much fervour and humility in his prayers, and so great confidence in G.o.d, as that very many said(405) they made no doubt but his soul was happy, and wished themselves might die in the like state of mind. He was no sooner turned off the ladder but very speedily cut down, and that with such haste as that he fell upon his face, and so somewhat bruised his forehead, yet, though he could not be dead, he made no resistance at the block whilst he was in quartering; and after his bowels and heart were cast into the fire, and his head cut off, the hangman holding it up as is usual to do, it was noted that there was no alteration at all in his countenance, but had the same man-like and comely aspect he had before his death.

(M17) After him went up Mr. Robert Winter, of whom the foresaid pamphlet hath this, "After him went Winter up to the scaffold, where he used few words to any good effect; without asking mercy either of G.o.d or the King for his offence, went up the ladder, and making a few prayers to himself, staid not long for his execution." By which words it may appear that Mr.

Winter died much in the like mind and manner as the other gentleman before him. He was esteemed in his life to be one of the wisest and most resolute and sufficient gentlemen in Worcesters.h.i.+re, where he dwelt, as formerly hath been declared.

After him went up Mr. Graunt, who showed extraordinary zeal, as it may appear by the foresaid book, which saith "that he, being abominably blinded with his idolatry, though he confessed his offence to be heinous, yet would fain have excused it by his conscience and religion. He having used a few idle words to ill effect, was, as his fellows before him, led the way to the halter, and so, after his crossing of himself, to the last part of his tragedy." Whereby it appears he alleged the same reasons and died with the same resolution the former had done.

Last of them was Bates, of whom the book saith "that he seemed sorry for his offence, and asked forgiveness of G.o.d and the King and of the whole kingdom, prayed to G.o.d for the preservation of them all; and, as he said, only for his love to his master (Mr. Robert Catesby) drawn to forget his duty to G.o.d, his King, and country." These words which Bates spake at his death, and the mind he showed, declare sufficiently what hath been said of him before; and his motives being but human respects (as here he acknowledgeth), no marvel though he had showed less store of grace and a.s.sistance thereof both before and at his death. But seeing he showed to die penitent for his fact, it is to be hoped he found mercy at G.o.d's hands. Thus ended the execution of this day. And many of the beholders returned full of pity and compa.s.sion towards so worthy-minded men as the first three were, especially Sir Everard Digby, whose fort.i.tude of mind they did so much admire, and had so great opinion of his devotion that for all that day and some time after they could talk almost of nothing else.

The next day, being Friday, were drawn from the Tower to the Old Palace in Westminster over against the Parliament House, Mr. Thomas Winter, the second brother of the Winters, Mr. Ambrose Rookwood, Mr. Robert Keyes, and Mr. Guy Faulks. By the way, as they were drawn upon the Strand, Mr.

Rookwood had provided that he should be admonished when he came over against the lodging where his wife lay; and being come unto the place, he opened his eyes (which before he kept shut to attend better to his prayers), and seeing her stand in a window to see him pa.s.s by, he raised himself as well as he could up from the hurdle, and said aloud unto her: "Pray for me, pray for me." She answered him also aloud: "I will; and be of good courage and offer thyself wholly to G.o.d. I, for my part, do as freely restore thee to G.o.d as He gave thee unto me."

(M18) Being all come to the place of execution, first Mr. Thomas Winter was led to the scaffold, as the princ.i.p.al in the business, who was from the first acquainted therewith, and a chief actor therein. Of him the book saith that "he seemed after a sort as it were sorry for his offence, and yet crossed himself," saith he, "as though those were sufficient wards against the devil; that he protested to die a true Catholic, and so went up the ladder." Truth is, Mr. Thomas Winter spake not much at his execution, seeming more willing to prepare himself for death; whereat some of the standers-by marvelling, who knew him to be a wise and well-spoken man, seemed desirous to have him speak at large. But he answered he had spoken at large unto the Council concerning all their intentions and the causes that moved them to that enterprise, and he hoped he had given satisfaction in the whole; that this was no time to discourse; he was come to die, wherein he desired the prayers and a.s.sistance of all good Catholics. Only this he said in particular, that whereas divers of the Fathers of the Society were accused of counselling and furthering them in this treason, he could clear them all, and particularly Father Tesimond, from all fault and partic.i.p.ation therein. And indeed Mr. Thomas Winter might best clear that good Father, with whom he was best acquainted, and knew very well how far he was from counselling or plotting that business.

For himself, having first told the Father of it (as I have heard), long after the thing was ready, and that in such secret as he might not utter it, but with his leave, unto his Superior only, the Father, both then and after, did so earnestly persuade him, and by him the rest, to leave off that course (as his duty was), that Mr. Winter might well find himself bound in conscience to clear this Father from his wrongful accusation of being a counseller and furtherer of the Plot.(406)

(M19) Next him came Mr. Rookwood, who made a speech of some longer time, acknowledged and asked forgiveness for his offence to His Majesty and the State. He prayed earnestly for the King and Queen and all their children, and wished them long life and a happy reign, and last of all (which, the foresaid book saith, was to mar all the pottage with one filthy weed) he prayed G.o.d to make the King a Catholic. And so, desiring favour for his wife and children, protesting, saith the book, to die in his idolatry, a Romish Catholic, he went up the ladder, and hanging until he was almost dead, was drawn to the block, where he gave his last gasp. The devotion and resolute mind of this gentleman was very well known to many, and he was very much pitied, as he had been much beloved.

After him came Mr. Keyes, of whom the book saith thus: "That he, like a desperate villain, used little speech, showed small or no sign of repentance, went up the ladder stoutly, where, not staying the hangman's turn, turned himself off, and with the swing broke the halter, but after his fall was quickly drawn to the block and there divided into four parts." But he did not, as here it is said, leap down of himself, but when he thought himself ready he showed his ready mind to go off the ladder without force, lest the hangman should take him on a sudden, when his mind was not actually upon it, and so be cause of some little reluctation.

Last of all Mr. Faulks was led to the scaffold, of whom the book hath this: "That his body being weak with torture and sickness he was scarce able to go up the ladder; also that he made no long speech, but after a sort seeming to be sorry for his offence, asked a kind of forgiveness of the King and the State for his b.l.o.o.d.y intent, and, with his crosses and idle ceremonies, made his end upon the gallows and the block." Thus saith the author of that pamphlet, and where he said that Mr. Faulks seemed to be sorry after a sort, and asked a kind of forgiveness, he maketh it apparent that he did as his fellows had done, acknowledge their intended action to be displeasing to the King and State, whose favour they desired, and therefore in that respect asked them forgiveness; but that they did not hold it for an offence to G.o.d in respect of their intention to please Him and serve Him in the whole, as thinking when they began the action and professing when they ended their life that there was no other likely means to restore religion in England. And would to G.o.d herein they had been as well advised as they were absolute to believe and follow their own advice.

Then had they neither hurt themselves nor others by this rash and heady enterprise, most unfit for subjects to undertake against their Prince and country, especially all attempts being so forbidden by His Holiness as they were, and so often and earnestly dissuaded by the Fathers of the Society, as hath been declared. And yet it is strange to see how impudently that heretical pamphlet which I have cited before so often of their arraignment and death (set forth by one T.W., I know not who), doth rail first at the Pope himself and then against all Jesuits and Priests, as against the authors and plotters of this business. For he saith: "Thus I have ended my discourse of the arraignment and execution of these eight traitors." Then a little after he prosecuteth in this manner: "Was there ever seen such a h.e.l.lish Plot since the betraying of the Lord of Heaven?

If the Pope were not a very devil, and these Jesuits, or rather Jebusites and satanical seminaries, very spirits of wickedness, that whisper in the ears of Evahs to bring a world of Adams to destruction, how could nature be senseless or reason so graceless," &c. So he proceedeth, inveighing against His Holiness and religion, and all that he imagined did favour or further the same religion in any great measure.

But silence is the best answer to such witless and wilful a.s.sertions, uttered against the truth so many ways manifestly proved. But this fellow, and such as he is, will rather "impugnare agnitam veritatem"(407) than omit any opportunity to revile against the Pope and those that most do stand for his authority; which is no news for poor Catholics in England to hear of daily to their grief, long before this act was commenced or thought of by these few laymen, who had not the counsel or help of any one Priest amongst them. Yea, for these many years the most part of their sermons is in this relative kind, devising names of reproach against His Holiness, so far forth that many youths, when they are first brought to be Catholics, will hardly be brought to think that he is a natural man, and not some devil or monster, as they have heard him often described. And this custom of the heretics is so common, and yet so grievous for zealous Catholics to endure, that it is rather to be pitied than marvelled that these few gentlemen, being men of great spirit, did want patience to endure any longer when they saw all other hopes of help to fail them. We hope all others will be warned hereafter, and temper their zeal by the counsel of their guides, which, if these had done, according to the earnest wishes and serious labours of Father Garnett, then had not he sustained so many troubles (as I am now to declare) for their trespa.s.s, which he by all lawful means sought to hinder.

Chapter XIII. Of The Arraignment And Condemnation Of Father Garnett.

Whereas it was now plainly and directly known unto the Council (by the means and in the manner aforesaid) how far this matter could be laid unto Father Garnett's charge; and that they had no further expectation to find him guilty of any help or furtherance at all given by him to this Powder Treason, it was resolved to proceed against him only upon his simple knowledge thereof which he had received in confession; esteeming it not fit to let go this opportunity, sith no greater advantage could be gotten; especially seeing by this time all men were full of expectation what would become of the matter after so long time of trial and so many and strict examinations. It was hoped also, that howsoever he might excuse himself from fault in the sight of G.o.d for not revealing the seal and secret of confession, yet that he could not justify it before the world: it being accounted treason by the laws of England to know of treason intended and not to reveal it. In which law (now) the knowledge which is had by confession is not excepted; because confession itself being in England rejected, the good and necessity of the secrecy thereof is not so much esteemed, as their public peace and prosperous proceedings in their worldly estate. Upon this ground therefore it was hoped they had matter enough against Father Garnett both to make him odious to the people, and all Jesuits for his sake; and therefore it was intended, that his trial should be performed in the most public and solemn manner they could devise, thereby to disgrace the more both him and his religion; for so in express words the Earl of Salisbury did twice publicly affirm in the time of his arraignment; and that otherwise such preparation and solemnity had not been needful for the arraignment of a poor religious man, and said "he held himself much honoured that day to be an a.s.sistant where G.o.d's cause should be so much honoured" (meaning the Protestants' religion). And how should this be performed? "By discrediting," said he, "the person of Garnett, on whom the common adversary had thought to confer the usurpation of so eminent jurisdiction." So that one may see plainly the whole day's work was bent against religion; and whatsoever was pretended against Father Garnett in this matter, all was directly intended "in odium Catholicae Fidei."(408) And so we may see in the process of the accusation, when the Attorney brought against Father Garnett all other former matter that had been forged against the martyrs in Queen Elizabeth's time, with which (if they had been true) yet they could no more have charged Father Garnett with them in justice, than the child that was then unborn.

Therefore the day appointed being come, which was a Friday, the 28th March, about eight of the clock, he was brought from the Tower in a coach with the Lieutenant of the Tower, Sir William Wade, and another Knight, the curtains being close drawn about them. Which manner of carriage to judgment being very extraordinary and not used to any before him, the people did much wonder at it, and thought it strange he should be so carried, considering that most of those that were indeed conspirators in the treason were men of better birth and blood than he (which by them is much respected) and yet were used in much different manner. But some did more truly guess that this was not done for any grace unto him (whom they sought to disgrace in all they could), but to grace their own cause, by making him seem a man of greatest account amongst the Papists, against whom they meant to object and hoped to prove the Powder Treason, and so all Papists to be as it were proved guilty in him they chiefly esteemed and followed. But the curtains doubtless were kept close, that the people might not be moved with the sight of so reverend a man, or he moved upon any occasion to speak unto them in his own clearing.

There were set in place of judgment in the Guildhall the Lord Mayor of London (who in that Court is the King's Lieutenant), the Lord Charles Howard, Earl of Nottingham, the Lord Thomas Howard, Earl of Suffolk, the Lord Somerset, Earl of Worcester, the Lord Henry Howard, Earl of Northampton, the Lord Robert Cecil, Earl of Salisbury, with Sir John Popham, Lord Chief Justice of England, the Lord Chief Baron, and Justice Yelverton, Commissioners for His Majesty in that behalf, The Lieutenant of the Tower being come with Father Garnett to the place of judgment, he returned his writ unto the Council (by virtue whereof he had kept the prisoner) together with the body of the prisoner there present.(409)

The indictment was read and the prisoner called to hold up his hand at the bar, as the fas.h.i.+on is. The effect of the indictment was this. "That Henry Garnett, _alias_ Walley, _alias_ Farmer, _alias_ Darcy, had conspired with Robert Catesby and the rest of his confederates (the 9th of June last past, in the parish of St Michael in the ward of Queenhithe in London) to withdraw the hearts of the subjects from their due obedience to G.o.d and their King, and to deprive the King of his crown, to kill him and the Prince, and to slaughter the whole Parliament a.s.sembled, to raise rebellion, to change religion, to ruin the commonwealth and to bring in strangers: and that this 9th of June he met with Catesby and Tesimond and did treat of means to accomplish the same, and did conclude that Winter, Faulks and others should blow up with powder the Parliament House." To this indictment the prisoner pleaded "not guilty," and for his trial referred himself to G.o.d and his country as the manner is. Whereupon a jury of substantial citizens was impanelled, and twelve of them sworn to try the issue between His Majesty and Henry Garnett according to the evidence produced against him; which being done, the indictment was read the second time, and then Sir John Crooke, Knight, the King's Serjeant, began to plead in this manner (as near as it could be remembered by two or three sufficient men that were present and did carefully observe both that and all the other speeches).

(M20) " 'Nihil est occultum,' " said he, " 'quod non manifestabitur; nihil secretum quod non revelabitur.'(410) Thus saith the Truth itself, 'qui consilium pravorum dissipat:'(411) which as it is generally true, so is the truth thereof laid open in the discovery of the late horrible treason, which though it were closely carried, yet by the providence of G.o.d, it hath been most apparently revealed. And truly when I cast mine eyes upon this prisoner, the rotten root of this corrupted tree of treason, I am stricken with great horror to think that under the cover of so grave a countenance, should lurk such a poisoned heart. He is a man, 'multorum nominum sed nullius boni nominis'(412)-of no good name, nor honest conversation, but infamous for many treasons, and especially for this last and most abominable treason, whereby he intended the subversion of the King, Queen, Prince, State, and religion; and for testimony of his guiltiness therein," he said, "they should have 'loquentia signa, testimonia rerum,' and 'confitentem reum,' nay, 'reos confitentes,'(413) that is the persons guilty accusing one the other. We have," said he, "Garnett and Hall accusing Greenway, as shall be laid open by the ensuing discourse of him to whom it belongeth."

(M21) This speech being ended, Sir Edward c.o.ke, His Majesty's Attorney-General, began his speech with a low voice, that so his words could not at the first be so distinctly heard: but it tended to this effect. "That this was a later act of this horrible Powder Treason, that first he craved pardon of their Lords.h.i.+ps that he might reiterate some things of which he had formerly discoursed, 'quia nunquam nimis dicitur, quod nunquam satis discitur.'(414) Secondly, he craved pardon that without offence to any he might nominate some great persons, who were sometimes interested in some of these causes; but he would do it without any disgrace at all unto their persons, because," said he, "there is great difference to be made between times of hostility and times of amity.

Thirdly, he desired to satisfy two sorts of people that might marvel this execution of justice should be so long deferred; the first of such, as might think such delays inconvenient lest the impunity of the malefactors might seem to patronize the offence; the second of such persons, as might think the delay of trial argued his clearness in the cause. To those both he answered, that the Lords of the Council (whose great wisdom he would not in that place much commend, because 'coram laudare est clam vituperare'(415)) had spent many days in examinations of those affairs, and that the prisoner had been twenty-three [times] examined; so that the trial could not have been much sooner." (But this seemed to many rather an excuse than accusation to the prisoner, in whom there could not with so much labour and in so long time be found any crime to be justly imposed, for "frustra fit per plura quod fieri potest per pauciora."(416)) "But to draw nearer the cause of the prisoner," said Mr. Attorney. "Henry Garnett, _alias_ Walley, &c, is a man grave, discreet, wise, learned, and of excellent ornaments both of nature and arts." (He might have added grace also, if he had had grace to see it.) "And one that, if he will, may do His Majesty as much good service as any subject I know in England." (By this and the like speeches which it seems they used often, to work him to yield from profession of his faith, it is apparent they would have given him both life and much preferment, if he had not rather chosen to die for G.o.d than to live to the world.) "Besides this man," saith he, "was a scholar in Winchester, from thence went to Oxford, and there was well esteemed." (This Mr. Attorney did mistake, for he was never student in Oxford.) "But he hath abused his learning to the ruin of his country, as we shall hereafter declare in the discourse following, wherein I will speak of nothing but of this late horrible treason; which treason for distinction sake, I will call the Jesuits' treason: for the Jesuits were the authors thereof; therefore I will not do them the wrong to take from them anything which is theirs, especially seeing in every crime 'plus peccat author quam actor,'(417) as it appeareth by Adam and Eve and the serpent." (But here he presupposeth Father Garnett had counselled the Plot, as the indictment had said before, but that never was, nor ever can be proved.) "In this discourse I will speak of circ.u.mstances and observations touching the matter in hand: of no other circ.u.mstances but of treason, and of no other treasons but the Jesuits' treasons; and of no other Jesuits' treasons but such as shall particularly concern this prisoner, seeing all have been practised, since he was their Superior; and these circ.u.mstances I will divide into precedent, concurrent, and subsequent.

"For the precedent circ.u.mstances; you must understand this man hath been in England this twenty years, and from the very first hour he set foot in England hath been a notorious traitor, because he came in contrary to a statute made the year before his coming in, Anno 27. of our late sovereign of happy memory, whereby it was made high treason for any Priest that had received Orders from any authority derived from the See of Rome beyond the seas, which I beseech your Lords.h.i.+ps to observe; for of Queen Mary's Priests nothing was spoken in the law." (And the reason hereof is given in the former --(418) chapter, but here it is apparent, that this treason so earnestly urged, was merely matter of religion, as in all former martyrs.) "Contrary to which statute this prisoner came in, and by consequence at that very instant was a traitor. But he will say, this is a new law; these laws were never heard of before Luther's days; this law is a cruel law, a b.l.o.o.d.y law, prohibiting men to exercise their function, to gain souls to G.o.d; and that their religion is the old religion, where ours is the new and confined in England, where on the contrary side their religion is universal and embraced of the greatest part of this Christian world. And thus for the maintenance of their rotten religion, do they seek to disgrace our gospel and do calumniate just laws with t.i.tle of cruelty.

But to this I answer," saith he, "that if our religion be as ancient as Luther, it is more ancient than the Jesuits are.(419) Albeit it neither be contained in those narrow limits of place, nor bounds of time, which they feignedly imagine, having been ever since the time of Christ and His Apostles. For we do not deny but Rome was the Mother Church and had thirty-two virginal Martyrs for her Popes a row; and so continued till in succeeding ages it brought in a ma.s.s of errors and idle ceremonies. But you will ask, where our Church lurked before Luther's coming for some hundreds of years. But I say it makes no great matter where it was, so that I be certain it was; for as a wedge of gold, if it be mixed with a ma.s.s of other metal," &c. (By your leave, Mr. Attorney, if I know not where the true Church is, I cannot be of it: if I be not of it, I cannot be saved: and if this be no matter to you, yet to G.o.d's children it is a great matter. And your simile of the wedge is lame of all the feet: for the Church if it be invisible to all men is gone, "quia ore fit confessio ad salutem,"(420) and so Christ had no true servants on earth; but this is like your dream before that the true Church could degenerate into errors, and yet those coming in, no man being able to name the time, the place, nor the person, that did alter any substantial point of faith. But can Mr.

Attorney think that Christ our Lord would put His candle under a bushel, which He had lighted with so great labour? And that which He saith no man will do, as being an idle and foolish thing, yet will Mr. Attorney have the Wisdom of G.o.d to do? But good Mr. Attorney, give me leave to believe Christ our Lord before you; and therefore that the city could not be hid which Christ had built upon a hill. And so your imagined gold is turned into alchymy, and pa.s.seth away in smoke; but if the material wedge of gold be hid, men say you know where to find it, if you will but search your coffers with half the pains you took to find out this invisible wedge of gold. Pardon me for this digression, I could not well let such false follies pa.s.s without a word or two; but I will not trouble the reader any more, but leave it to others: neither should I or any other have had need to admonish Mr. Attorney, if Father Garnett had been suffered to speak at large, as he was often of set purpose interrupted. But let us proceed in Mr. Attorney his speech.) "For as a wedge of gold, if it be dissolved and mixed with a ma.s.s of bra.s.s or other metal, it doth not lose its nature, but remaineth gold still, although we cannot determine in what part of the ma.s.s it is contained, but the touch-stone will find that out; so though our Church hath ever been since Christ His time in the world, yet being mixed and covered with innovations and errors we cannot tell in what part it was." (This is the truest word in all Mr. Attorney his speech, but presently linked with the contrary, for he saith:) "And I dare say it is now more extended than theirs is, for we have all England, all Scotland, all Germany, all Denmark, a great part of France, all Poland, and some part of Italy. Now as for the statute which they call a b.l.o.o.d.y and cruel statute, I will make it apparent to be the mildest law, the sweetest law, the law most full of mercy and pity," (It is a great pity it were not executed upon Mr. Attorney:) "that ever was enacted by any Prince so injuriously provoked as she was. And if I prove not this, then let the world say that Garnett is an honest man. And to prove this, we must remember that Pius or rather Impius Quintus, the Pope, in the eleventh year of our late Queen deceased, sent over a Bull of Excommunication against Her Majesty, discharging all her subjects from their allegiance, whereupon arose the insurrection in the North, and other rebellions, for which divers were apprehended and executed. And here we may observe the misery of Popish Catholics, who if they do obey the Bulls of the Pope are apprehended and hanged as traitors; and if they do not obey them, are by the Pope excommunicated and cursed. But to go forward: from this excommunication also proceeded that the Popish Catholics refused to come to our churches; so that the reason of refusal is not religion, but the Pope's Bull, which now being not of force, there is no doubt but that they both may and will come to our churches." (False.) "Then after the suppression of the rebels in the North, the Popish Catholics being thought too weak to make a party, then did the Pope give them a toleration 'rebus sic stantibus et donec commoda executio Bullae fieri posset.'(421) Then to make a party of Popish Catholics against the Queen, was sent in Campion and a crew of Priests with him, that laboured to pervert Her Majesty's subjects and draw them to b.l.o.o.d.y practices, which Her Majesty sought to prevent, and withal out of her singular clemency made a law, and that the fullest of pity that could be devised, to wit, That they should keep themselves there (beyond the seas), and not to come into her dominions under pain of high treason. Now tell me I pray you, was this law made to spill their blood?" (Yes, either to spill the Blood of Christ by the loss of souls, if the Priests came not in, or if they did, then theirs.) "No, it was made to save their blood, by keeping them there, which by coming hither would be spilt in b.l.o.o.d.y practices" (which were fathered upon them, that it might not seem to be cause of religion.) "Then comes in Garnett in the twenty-seventh year of the Queen. His purpose was to prepare the way against the great compounded navy, which may well be called a compounded navy, because it consisted of the s.h.i.+ps of all nations in Christendom, that either they could beg, hire, or borrow. He came in, I say, to be the forerunner of this navy. The Pope was the inciter and the Spaniards the actors; and this great navy was overthrown, not so much by our power, as by themselves, their own s.h.i.+ps severing and scattering them. So that we may well apply those verses to our late sovereign, which Claudian sung to his Emperor Theodosius:

O nimium dilecta Deo, cui militat aether, Et conjurati veniunt ad cla.s.sica venti.(422)

"But was this a sufficient warning to the Romish Catholics to desist from their treasonable practices? No, for when they saw that open invasion served not their turn, they took themselves to private treacheries; insomuch that I dare boldly say" (but not truly) "there pa.s.sed no four years without some one or other treason. For shortly after came Patrick Collyn, sent from Father Holt and Father Sherwood, two Jesuits, to kill the Queen. Shortly after cometh Lopez to poison the Queen, incited likewise by the instigation of the Jesuits." (This Lopez was a Jew, the Queen's physician, living in London, a rich man, and knew no Jesuit in the world, nor was acquainted with any Catholics in England that I know of.) "After him came Yorke and Williams from Father Holt, who likewise had plotted to kill the Queen. Not long after him comes Squire, sent by Father Walpole from Spain, to poison Her Majesty." And here Mr. Attorney desired licence to advertise the Lords that each of these treasons were accompanied with some devilish book. "As for example, the plot of Patrick Collyn was accompanied with the book of Philopater written by Cresswell the Jesuit, their ledger in Spain. Then cometh Squire with his plot, and this was accompanied with another most pernicious book written by Dolman, _alias_ Persons, their great ledger(423) in Rome. And now we are come to the Spanish treason, which was in the forty-fourth year of our late sovereign. And that you may know there was a Spanish treason, you shall understand that Thomas Winter, and Father Greenway, _alias_ Tesimond, the Jesuit, went over commended by Garnett to offer their obedience and service to the King of Spain, and to promise him their a.s.sistance, when time should serve for advancement of his t.i.tle to the crown of England, and withal to entreat him to send them an army, to be conveyed hither by the galleys of Spinola; which army, if it were great, should land in Kent; if it were small, it might land at Milford Haven; that they should bring with them a round sum of money, and in the meantime to bestow some annual pensions upon certain discontented persons here; and that they for their part would prepare two thousand horses, which in such attempts were like to be the greatest want. This motion being made to the King, they were brought unto him; from him they were directed to the Duke of Lerma, who received them gracefully, and finally for their answer they were referred to the Conde de Miranda, who a.s.sured them the King his master liked very well of their motion and would be ready to further them in their just request, and would henceforward account the English as his own Castilians.

With this resolution Thomas Winter and Greenway returned, expecting the next summer the arrival of their navy. And here were not wanting the books I mentioned before; but what books? They had no books indeed; but that want was supplied with two Breves or Bulls, as we call them, and they were most pernicious and treacherous, which by G.o.d's providence came lately to light. The first was directed 'Principibus et n.o.bilibus Catholicis totius Regni Anglicani.'(424) The tenour of this first was an admonition that 'postquam contigerit miseram fminam e vita excedere,' "(425) &c. Here you may mark this foul-mouthed monster that calleth our dread sovereign of happy memory, "miseram fminam;" being one of the most renowned of Princes. (Here the reader indeed hath cause to mark a foul mouth, that durst call the Vicegerent of G.o.d Himself a foul-mouthed monster; nor will he mark that the Bull speaking only of the time after the Queen's death, was not to accompany the army, which, if any such were intended, was to come at a certain prefixed time; yea, it rather showeth the Pope would have nothing attempted in her lifetime.) "But well," saith he, "what followeth in the Bull? Marry, when it shall happen that miserable woman shall depart this life, they shall not admit of any other to succeed in her place, 'quac.u.mque propinquitate sanguinis niteretur,'(426) except that first they promise not only to tolerate the Catholic religion, but also do bind themselves by oath to maintain it and no other: and this to deprive King James from his rightful inheritance" (nay, rather to move him to be Catholic, and so to get him also a much greater kingdom in Heaven). "To exclude him therefore cometh this roaring Bull, that warned them also to give notice of her sickness or death, as soon as may be, when it should happen, to his Legate in Flanders. And so accordingly presently upon her indisposition, Christopher Wright was despatched with letters of commendation from Garnett the Jesuit, as appeared by a confession then produced and read. And here, my Lords, let me observe another circ.u.mstance very markable; that these peculiar traitors were severally commended by Garnett the Jesuit, as for example, Thomas Winter went over: wherefore?

For treason; and yet was he commended by Garnett the Jesuit. Christopher Wright went over: wherefore? For treason; and yet was he likewise commended by Garnett the Jesuit. Guy Faulks was sent over: wherefore? For treason-that is, to solicit and deal with Owen, that Spinola and Sir William Stanley might draw their forces near to the sea-side, that when the time served they might come over with the more expedition: and yet he also is commended by Garnett the Jesuit. Sir Edward Baynham was sent over to acquaint the Pope with this business, when the blow should be given"

(By this known untruth the rest may be judged of the better:) "which Edward Baynham was a fit messenger between the Pope and the devil; and yet he had also letters of commendation from Garnett the Jesuit. So that hereby it is apparent that Garnett was not only privy, but consenting to their several practices. Now when King James was settled in this kingdom, and received of all, then did Garnett burn the Bull. But out of that Bull did Catesby infer that it was lawful for him to entertain any practice against our sovereign that now is; for, said he, it is as lawful for us to expel him and cast him out now, seeing by experience he doth persecute religion, as by the Breve it was lawful to resist him and reject, when we did but fear he would not favour Catholics." (True it is Mr. Catesby did argue thus; but was answered by Father Garnett, that the case was not like before and after admission, and that we must not by ourselves attempt anything, the Pope now commanding to be quiet.) "The other Bull was to the Archpriest and his a.s.sociates, commending their patience and longanimity, and willing them to counsel all sorts of lay people to be forward in execution of the Pope's command. Well then, out of these circ.u.mstances, I infer that Garnett was not only privy, but an author and actor in this treason.

"But now let us consider other circ.u.mstances that are 'omni acceptione majores.'(427) Your Lords.h.i.+ps must understand that Garnett would not be known to any of the actors in these b.l.o.o.d.y practices, but only to Catesby, being a man 'vafro et versuto ingenio et profunda perfidia,'(428) so that all we have against him must be chiefly drawn from himself." (Indeed Mr.

Catesby was dead, and never affirmed any such thing, and the rest of the conspirators in their examinations and public speeches affirmed the contrary; so that Mr. Attorney did want proof very much, when he brought in a dead man to be witness, like to them that brought the sleeping soldiers at Christ His sepulchre to be witnesses that his body was stolen whilst they were asleep.) "Well then, this Garnett confesseth that Catesby had in general imparted to him that something would be done by the Catholics, but could not reveal in particular what it was without the consent of two others of his consorts, which Garnett saith he dissuaded him from; but how know we that he did so? Only by his own words, who useth to deal sincerely in nothing that concerneth himself. But I will prove that he did not dissuade them, but did encourage them, even to the Powder Treason itself." (Here, by the way, I would gladly ask Mr. Attorney how he doth save the accusation recited in the indictment from a false slander, where it is said that Garnett and Greenway did in the beginning meet with Catesby at Queenhithe, and there conclude upon destroying the King and Queen and the Parliament House by powder? How could this be true, seeing that here now long after, and after the gentlemen had concluded as it seems of the matter, and bound one another to secrecy, so that as you see Mr. Catesby could not reveal it to Father Garnett without leave of two others, Father Garnett was all this while ignorant of it: yea, and now also had but a general knowledge of something to be done, from which also he dissuaded them? We may see in this contradiction Father Garnett his innocency; and that Mr. Attorney should be mindful of what he hath said, if he will not say the truth. But let us see how he seeketh to prove by likelihoods, that here Father Garnett, getting some knowledge of the thing in general, did persuade it in particular.) "For Father Garnett," said he, "confesseth moreover that Mr. Catesby did in general terms propound a case unto him, whether it were not lawful to destroy many enemies a.s.sembled together to our ruin, although some innocents must needs be inwrapped in the slaughter. To this Garnett answered that in just war when a town or castle is besieged that could not be taken without battering the walls, and that not to be performed without peris.h.i.+ng of some innocents, in that case, if the advantage which redounded to the general good by the death of those enemies were greater than the loss should be by the destruction of those innocents, that then it was lawful. I beseech your Lords.h.i.+ps mark here, that Garnett approveth this fact in particular; for this resolution was Catesby's whole ground; and this I prove by Rookwood his confession (which he brought forth), and therein it appeared that when Catesby made the first overture of this matter unto him, he conceived great horror of the fact in respect of the innocents that were to be there, whereunto Catesby answered, that he had advice of the most learned, that it was lawful, not by proposing the case in particular, but in a like." (Here Mr.

Attorney, by his plain proof which he promised, hath proved himself to be guilty of a malicious and false inference, and Father Garnett to be clear from all furtherance to the Plot. For, first, this case was put to Father Garnett before the time this general notice of something in hand was given him by Mr. Catesby: though here Mr. Attorney did maliciously put it after, to make it seem that Father Garnett might gather some light what should be meant by them, hearing now this particular case out of the former general knowledge, which the Attorney saith he had before received. But the general knowledge came after, which I prove by these alleged words of Mr.

Attorney. For here he saith, he had resolution in this case before he acquainted Rookwood; and that general knowledge was given after the matter was commenced: for, so he said, there was something in hand, but he could not tell him without leave of two; at which time Father Garnett refused to know the matter, but dissuaded it in general. Now that he proveth also Father Garnett clear from persuasion or consent, I prove by his own words, where he saith that Mr. Catesby persuaded Mr. Rookwood to yield, upon the resolution he had received of the like case, not of the same case; whereby it appears, they first concluded of it amongst themselves, and the rest consented to it, without Father Garnett his knowledge or privity, much less his counsel. Now whereas Mr. Attorney will needs conclude, that because Mr. Catesby did infer the lawfulness of the particular out of the resolution in general, therefore Father Garnett should be guilty of the powder; by the same reason he may prove many Doctors in the Schools, and the most learned writers that are or have been, to be guilty of the same treason; for they deliver the same doctrine in the same case, as it was put to Father Garnett. And as they, being wholly ignorant of the matter, cannot be touched with it, for delivering their true opinion, so Father Garnett, when that case was put, thought of nothing less than that they had any such intent. And afterward when he perceived something in general, that he also laboured to hinder by persuasion: and so no way to be blamed, but much to be commended, if he had his right).

"Then further," says Mr. Attorney, "Garnett, under pretence of a journey to St. Winifred's Well, and I know not what marriage, retired himself into Warwicks.h.i.+re, which was the rendezvous for all the conspirators, pretending he had no place to abide in until the Parliament." (It is well known to many Catholics that all the safe lodgings which Father Garnett had about London were lately before discovered, and that was a chief cause of his journey; and it was unfit to take a new house about London, before they might see what laws would be made at the Parliament, which were expected would be such as there would be no abiding there.) "He also made a prayer for the great business about the Parliament time, which was

Gentem(429) auferte perfidam Credentium de finibus, Ut Christo laudes debitas Persolvamus alacriter."(430)

Now for the subsequent circ.u.mstances Mr. Attorney produced, an interlocution between Father Garnett and Father Ouldcorne in the Tower; which thing is before declared at large and therefore needs not here be set down, the chapter growing too long by other points not before so much declared. Only this here is to be noted, that Mr. Attorney reported the matter otherwise than it was; for he said, that by reason the Tower was full of prisoners, the Lieutenant was constrained for want of room to lodge them in two chambers joining one upon another, which they perceiving did often discourse together, and being overheard by the Lieutenant's men pa.s.sing to other prisoners, some of them were placed near adjoining to overhear them.(431) And so out of that interlocution, and Father Garnett his confession taken by the Lords after the same, he proved that Father Garnett was told in confession of the Powder Treason; which point alone he was able to prove against Father Garnett, and the which Father Garnett acknowledged, but proved it to be both lawful and necessary for him to proceed as he did therein. Then Mr. Attorney began to exaggerate the greatness of the treason, because it was intended against so worthy a Prince, and so n.o.ble a progeny, in whose praises he spent a long time; but not needful to be set down in this place. Then he praised and sought to please the City of London, affirming that the King, in desire to give contentment unto the city, had caused that solemn trial to be made in that place, which belonged to the public justice of the city.

Then he returned to Father Garnett, and said that he and the Jesuits had plotted these foresaid treasons against all these so worthy persons; and that the Jesuits were Doctors of four D's; first of Dissimulation, wherein he made an invective against the doctrine of equivocation, showing a written book of that matter which had been taken in some search, the t.i.tle whereof was written with Father Garnett his own hand, "Against lying and untruths;" and, said Mr. Attorney,(432) "If this doctrine might be admitted, that men may swear and forswear what they list, there would be no martyrs: the holy Ridley, Cranmer, and Latimer would not have been martyred." (These were three notorious heretics burnt in Queen Mary's time.) "The thirty-two Popes, that were virginal martyrs, would not have suffered on a row. This doctrine was begun by Arius, who having a schedule of the Catholic doctrine in his left hand, and another of his own opinion in his bosom, laid his right hand upon his breast and sware he believed and would maintain that doctrine _he had in his hand_ during his life."

(Many such things he said against "equivocatio," either mistaking or misreporting wholly the state of the question.) The second D, he said, was Deposing of Princes, for which he produced a place out of Philopater, affirming that heretics cannot bear rule over Catholics; and another out of Dolman's book of t.i.tles to the like effect, also two places of Simanha, whom he termed the Spanish Jesuit. The first, that all heretics were excommunicate _de jure_ at Easter, and were excommunicate _de facto_. The second was that a Prince once excommunicate "amitt.i.t jus regnandi;"(433) and not only for himself, but for his heirs. The third D, is the Disposing of kingdoms, for proof whereof, he alleged that they would have disposed of the kingdom of England to the Infanta of Spain, without any memory of King James. The fourth and last D, was the Deterring of Princes with fear of their excommunications, and I know not what. And then, with some invectives against Jesuits, he dehorted all men from conversing with them, with this saying, "Qui c.u.m Jesu itis, non itis c.u.m Jesuitis." "Neither,"

said he, "are their Priests less perilous than they of whom I hope I may presage the destruction near at hand; for seeing I am informed they are in number about four hundred, they may fitly be resembled to the four hundred false prophets that Micheas had in his company;(434) for as they were possessed of lying spirits and then peris.h.i.+ng, so may we hope that these Priests and Jesuits publicly teaching this doctrine of lying and equivocating are near their downfall." And then making a low reverence he concluded his speech.

(M22) Mr. Attorney having ended,(435) Father Garnett, having first made his reverence with a very modest countenance began his speech, first craving pardon for the weakness of his memory, if he should fail to give them satisfaction in any particular that had been objected against him.

"But I trust," said he, "with the help of Mr. Attorney, I shall fail in nothing of consequence. And considering the whole discourse of Mr.

Attorney, I find the things by him treated of, may be reduced to four princ.i.p.al heads: the first, concerning our doctrine in general; the second, concerning recusants in general; third, concerning Jesuits in general; the last, concerning myself in particular.

(M23) "And for the first, Mr. Attorney inveigheth greatly against that point of doctrine wherein we teach that equivocations in some cases may be lawfully used, as a doctrine which he supposeth to hinder Martyrs from their crowns and to break the bonds of human society; neither of which can ensue out of that doctrine, as we do teach it. For we do not teach (as Mr.

Attorney affirmeth) that it is lawful to equivocate in matters of faith; but we teach the contrary most expressly, rejecting that doctrine as an heresy, condemned long