Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Tho'mas Percy, John Wright, Christ. Wright, and Francis Tresham, by the like traitorous ad'vice and counsel of the said Henry Garnet, burgesses of parliament, and divers other faith- ' of the aforesaid false traitors first in that beful subjects and servants of the king in the half traitorously had: And that, thereupon as said parliament, for the causes aforesaid to be 'well the said Thomas Winter, Guy Fawkes, assembled in the house of parliament; and Robert Keyes, and Thomas Bates, as the said all them, without any respect of majesty, dig- Robert Catesby, Thomas Percy, John Wright, nity, degree, sex, age or place, most barba- Christ. Wright, and Francis Tresham, did rously and more than beastly, traitorously, traitorously take the said several corporal and suddenly to destroy and swallow up. 'Oaths severally, and did receive the SacraAnd further did most traitorously conspirement of the Eucharist aforesaid, by the hands and conclude among themselves, That not of the said Henry Garnet, John Gerrard, Osonly the whole royal issue-male of our said 'wald Tesmond, and other Jesuits. And fursovereign lord the king should be destroy-ther, that the said Thomas Winter,_Guy ed and rooted out; but that the persons aforesaid, together with divers other false traitors, traitorously with them to be assembled, * should surprize the persons of the noble ladies Elizabeth and Mary, daughters of our said ⚫ sovereign lord the king, and falsly and traito-John Gerrard, Oswald Tesmond, and other rously should proclaim the said lady Eliza- Jesuits, for the more effectual compassing and beth to be queen of this realm: And there- 'final execution of the said treasons, did trai• upon should publish a certain traitorous Pro- torously among themselves conclude and clamation in the name of the said lady Eli-agree to dig a certain mine under the said ⚫zabeth; wherein, as it was especially agreed House of Parliament, and there secretly, by and between the said conspirators, That under the said house, to bestow and place a no mention should be made at the first,great quantity of gunpowder; and that acof the alteration of religion established with-cording to the said traitorous conclusion, the in this realm of England; neither would 'said Thomas Winter, Guy Fawkes, Robert the said false traitors therein acknowledge Keyes, and Thomas Bates, together with the themselves to be authors, or actors, or de- said Robert Catesby, Thomas Percy, John 'visers of the aforesaid most wicked and horri- Wright, and Christ. Wright, afterwards seble treasons, until they had got sufficient cretly, not without great labour and difficulty, 'power and strength for the assured execution did dig and make the said mine unto the and accomplishment of their said conspiracy midst of the foundation of the wall of the said and treason; and that then they would avow House of Parliament, the said foundation be and justify the said most wicked and horribleing of the thickness of three yards, with a treasons, as actions that were in the number of those, quæ non laudantur, nisi peracta, which be not to be commended before they be done but by the said feigned and traitor : traitorous intent to bestow and place a great quantity of gunpowder in the mine aforesaid, so as aforesaid traitorously to be made for the traitorous accomplishing of their traitor ous proclamation they would publish, Thatous purposes aforesaid. And that the said. Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christ. Wright, finding and perceiving the said work to be of great difficulty, by reason of the hardness and thickness of the said wall; and understanding a certain cellar un all and singular abuses and grievances within this realm of England, should, for satisfying of the people, be reformed. And that as well for the better concealing, as for the more ef'fectual accomplishing of the said horrible treasons, as well the said Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomasder the said House of Parliament, and adPercy, John Wright, Christ. Wright, and joining to a certain house of the said Thomas Francis Tresham, by the traitorous advice and Percy, then to be letten to farm for a yearly < procurement of the said Henry Garnet, Os-rent, the said Thomas Percy, by the traitorwald Tesmond, John Gerrard, and other Je-ous procurement, as well of the said Henry suits, traitorously did further conclude and ‹ Garnet, Oswald Tesmond, John Gerrard, and agree, that as well the said Thomas Winter, other Jesuits, Thomas Winter, Guy Fawkes, Guy Fawkes, Robert Keyes, and Thomas Robert Keyes, and Thomas Bates, as of the Bates, as the said Robert Catesby, Thomas said Robert Catesby, John Wright, and Christ. Percy, John Wright, Christ. Wright, and Wright, traitorously did hire the cellar aforeFrancis Tresham, thereupon severally and said for a certain yearly rent and term: and traitorously should receive several corporal then those traitors did remove twenty barrels Oaths upon the holy Evangelists, and the Sa- 'full of gunpowder out of the said house of the crament of the Eucharist, That they the said Thomas Percy, and secretly and traitortreasons aforesaid would traitorously concealously did bestow and place them in the cellar ' and keep secret, and would not reveal them, aforesaid, under the said House of Parliadirectly or indirectly, by words or circum-ment, for the traitorous effecting of the treastances, nor ever would desist from the exe-son, and traitorous purposes aforesaid. And 'cution and final accomplishment of the said 'that afterwards the said Henry Garnet, Os⚫ treasons, without the consent of some threewald Tesmond, John Gerrard, and other Je VOL. II. M 4 suits, Thomas Winter, Guy Fawkes, Robertsuits, Robert Winter, Thomas Winter, Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John • Wright, and Christ. Wright, traitorously did meet with Robert Winter, John Grant, and Ambrose Rookwood, and Francis Tresham, esquires; and traitorously did impart to the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, the treasons, traitorous intentions and purposes aforesaid; and did require the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, to join them-elves as well with the said Henry Garnet, Oswald Tesmond, John Gerrard, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, and Christ. Wright, in the treasons, traitorous intentions and pur'poses afores did; and traitorously to provide horse, armour, and other necessaries, for the 'better accomplishment and effecting of the 'said treasons. To which traitorous motion and request, the said Robert Winter, John Grant, Ambrose Rookwood, and Francis Tresham, did traitorously yield their assents, and as well with the said Henry Garnet, Os 'Keyes, Thomas Bates, John Grant, and Am- 6 wald Tesmond, John Gerrard, Robert Win-papists throats should have been cut; and that thereupon divers papists were in arms, and in open, publick, and actual rebellion against our said sovereign lord the king, in divers parts of this realm of England.' To this Indictment they all pleaded, Not Guilty; and put themselves upon God and the country. ter, Thomas Winter, Guy Fawkes, Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, " Christ. Wright, and Francis Tresham, in the 'said treasons, traitorous intentions and pur'poses aforesaid, traitorously did adhere and unite themselves: And thereupon several corporal Oaths, in form abovesaid, traitorous- Then did Sir Edward Philips, knight, his maly did take, and the Sacrament of the Euchajesty's Serjeant at Law, open the Indictment to rist, by the hands of the said Jesuits did re- this effect, as followeth : ceive, to such intent and purpose, as is afore- The matter that is now to be offer'd to you 'said; and horses, armour, and other necessa- my lords the commissioners, and to the trial of ries for the better effecting of the said trea- you the knights and gentlemen of the jury, is sons, according to their traitorous assents matter of Treason; but of such horror, and aforesaid, traitorously did provide. And that monstrous nature, that before now, the tongue afterwards all the said false traito.s did trai- of man never deliver'd ; the ear of man never torously provide, and bring into the cellar heard; the heart of man never conceited; nor aforesaid ten other barrels full of gunpowder, the malice of hellish or earthly devil ever prac" newly bought, fearing lest the former gun- tised: For, if it be abominable to murder the powder, so as aforesaid bestowed and placed least; if to touch God's anointed be to oppose there, was become dankish; and the said themselves against God; If (by blood) to subseveral quantities of gunpowder aforesaid, vert princes, states and kingdoms, be hateful to with billets and faggots, lest they should be God and man, as all true Christians must acspied, secretly and traitorously did cover. knowledge: then, how much more than too too And that afterwards the said false traitors monstrous shall all Christian hearts judge the traitorously provided, and brought into the horror of this treason; to murder and sub'cellar aforesaid, four hogsheads full of cumpow-vert such a king; such a queen; such a prince; der, and laid divers great iron bars and stones upon the said four hogsheads, and the aforesaid other quantities of gunpowder: And the said quantities of gunpowder, bars, and stones, with billets and faggots, lest they should be espy'd, secretly and traitorously did likewise cover. And that the said Guy Fawkes, after wards, for a full and final accomplishment of 'the said treasons, traitorous intentions and purposes aforesaid, by the traitorous procurement, as well of the said Henry Garnet, Os'wald Tesmond, John Gerrard, and other je i such a progeny; such a state; such a government, so complete and absolute, that God approves, the world admires, all true English hearts honour and reverence; the pope and his disciples only envies and maligns?-The proceeding wherein, is properly to be divided into three general heads. 1. Matter of Declaration. 2. Matter of Aggravation. 3. Matter of Probation. Myself am limited to deal only with the Matter of Declaration, and that is contain'd within the compass of the Indictment only. For the other two, I am to leave to him to whose place it belongeth. The substance of which declaration consisteth in four parts. 1. In the Persons and Qualities of the conspirators. 2. In the Matter conspired. 3. In the Mean and Manner of the Proceeding and Execution of the Conspiracy. And 4thly, Of the End and Purpose why it was so conspired. powder there; but the parliament being ther further adjourned till the 3d of October, they in Lent following hired the vault, and placed therein 20 barrels of powder.-That they took to them, Robert Winter, Grant, and Rookwood, giving them the oaths and sacrament as aforesaid, as to provide munition.-July 20. They laid in ten barrels more of powder, laying upon them divers great bars of iron, and pieces of timber, and great massy stones, and covered the same with faggots, &c.-September 20. They laid in more, 4 hogsheads of powder, with other stores and bars of iron thereupon.-Nov. 4. (The parliament being prorogued to the 5th) at 11 a clock at night, Fawkes had prepared, by the procurement of the rest, touchwood and match, to give fire to the powder the next day. That the Treason being miraculously discovered, they put themselves, and procured others to enter, into open Rebellion and gave out most untruly, it was for that the Papists throats were to be cut. As concerning the first, being the Persons; they were, Garnet, Gerrard, Tesmond, jesuits not then taken. Thomas Winter, Guy Fawkes, Robert Keyes, Thomas Bates, Everard Digby, Ambrose Rookwood, John Grant, Robert Winter, at the bar. Robert Catesby, Thomas Percy, John Wright, Christopher Wright, slain in rebellion. Francis Tresham, lately dead. All grounded Romanists and corrupted scholars of so irreligious and traitorous a school.-As concerning the second, which is the Matter conspired; it was, 1. To deprive the king of his crown. 2. To murder the king, the queen, and the prince. 3. To stir rebellion and sedition in the kingdom. 4. To bring a miserable destruction amongst the subjects. 5. To change, Attorney General. (Sir Edward Coke.) It alter, and subvert the religion here established. appeareth to your lordships, and the rest of this 6. To ruinate the state of the commonwealth, most honourable and grave assembly, even and to bring in strangers to invade it.-As con- by that which Mr. Serjeant hath already opencerning the third, which is the Meau and Man-ed, that these are the greatest treasons that ner how to compass and execute the same; they did all conclude, 1. That the king, and his people (the papists excepted) were hereticks. 2. That they were all cursed, and excommunicated by the pope. 3. That no heretick could be king. 4. That it was lawful and meritorious to kill and destroy the king, and all the said hereticks.-The mean to effect it, they concluded to be, that, 1. The king, the queen, the prince, the lords spiritual and temporal, the knights and burgesses of the parliament, should be blown up with powder. 2. That the whole royal issue male should be destroyed. 3. That they would take into their custody Elizabeth and Mary the king's daughters, and proclaim the lady Elizabeth queen. 4. That they should feign a Proclamation in the nanne of Elizabeth, in which no mention should be made of alteration of religion, nor that they were parties to the treason, until they had raised power to perform the same; and then to proclaim, all grievances in the kingdom should be reformed.-That they also took several oaths, and received the sacrament; first, for secrecy; secondly for prosecution; except they were discharged thereof by three of them. That after the destruction of the king, the queen, the prince, the royal issue male, the lords spiritual and temporal, the knights and burgesses, they should notify the same to foreign states; and thereupon sir Edmund Baynam, an attainted person of treason, and styling himself prime of the damned crew, should be sent and make the same known to the pope, and crave his aid: an embassador fit both for the message und persons, to be sent betwixt the pope and the devil.--That the parliament being prorogued till the 7th of Feb. they in December made a mine under the house of parliament, purposing to place their ever were plotted in England, and concern the lately found out; one of equivocation, and Treasurer, or any justice of the one bench or another, De officio Principis Christiani,' of other; justices of assize, or any other judge Francis Tresham's.-3. There have been al- mentioned in the statute of 25 Edw. 3. sitting ready twenty and three several days spent in in their judicial places, and exercising their Examinations.-4. We should otherwise have offices. And the reason is, for that every hanged a man unattainted, for Guy Fawkes judge so sitting by the king's authority, reprepassed for a time under the name of John senteth the majesty and person of the king; Johnson so that if by that name greater ex- and therefore it is crimen læsa majestatis, to pedition had been made, and he hanged, though kill him, the king being always in judgment of we had not missed of the man, yet the pro- | law present in court. But in the high court of ceeding would not have been so orderly or jus- parliament, every man by virtue of the king's tifiable.-5. The king out of his wisdom and authority, by writ under the great seal, hath a great moderation, was pleased to appoint this judicial place; and so consequently the killing trial in time of assembly in parliament, for of every of them had been a several Treason, that it concerned especially those of the parlia- and crimen lasæ majestatis. Besides that to ment.--Now touching the offences themselves, their treasons were added open rebellion, burthey are so exorbitant and transcendent, and glary, robbery, horse-stealing, &c. So that aggregated of so many bloody and fearful this offence is such, as no mai can express it, crimes, as they cannot be aggravated by any no example pattern it, no measure contain it. inference, argument or circumstance whatso--Concerning foreign princes; there was here ever; and that in three respects: First, Be- a protestation made for the clearing of them cause this offence is prima impressionis, and from all imputation and aspersion whatsoever. therefore sine nomine, without any name which-First, For that whilst kingdoms stood in bosmight be adæquatum, sufficient to express it, tility, hostile actions are holden honourable given by any legist, that ever made or writ of and just. Secondly, It is not the king's serany laws. For the highest treason that all they jeant, attorney, or sollicitor, that in any sort could imagine, they called it only crimen lasa touch or mention them : for we know that great majestatis, the violating of the majesty of the princes and personages are reverently and reprince. But this treason doth want an apt spectfully to be spoken of; and that there is name, as tending not only to the hurt, but to lex in sermone tenenda. But it is Fawkes, the death of the king, and not the death Winter, and the rest of the offenders, that of the king only, but of his whole king- have confessed so much as hath been said: dom, Non Regis sed Regni, that is, to the and therefore the king's counsel learned doth destruction and dissolution of the frame and but repeat the offender's confession, and charge fabrick of this antient, famous, and ever-flou- or touch no other person. They have also rishing monarchy; even the deletion of our slandered unjustly our great master king James, whole name and nation: And therefore hold which we only repeat, to shew the wickedness not thy tongue, O God, keep not still silence, and malice of the offenders. Thirdly, So much refrain not thyself, O God; for so lo thine as is said concerning foreign princes, is so wo'enemies make a murmuring, and they that ven into the matter of the charge of these ofhate thee have lift up their heads: They have fenders, as it cannot be severed, or singled 'said, Come, and let us root them out, that from the rest of the matter; so as it is inevithey be no more a people, and that the name table, and cannot be pretermitted.-Now as of Israel may be no more in remembrance.' this Powder-Treason is in itself prodigious and Psal. xxxii. 1—5.—Secondly, It is sine unnatural, so it is in the conception and birth exemplo, beyond all examples, whether in fact most monstrous, as arising out of the dead or fiction, even of the tragick poets, who did ashes of former Treasons. For it had three beat their wits to represent the most fearful roots, all planted and watered by Jesuits, and and horrible murders.-Thirdly, It is sine mo- English Romish Catholicks: the first root in do, without all measure or stint of iniquity; England, in December and March; the second like a mathematical line, which is, divisibilis in in Flanders, in June; the third in Spain, in semper divisibilia, infinitely divisible.-It is July. In England it had two branches, one in treason to imagine or intend the death of the December was twelve months before the death king, queen, or prince.-For treason is like of the late queen of blessed memory; another a tree whose root is full of poison, and lieth in March wherein she died.-First in Decemsecret and hid within the earth, resembling the ber, A. D. 1601, do Henry Garnet superior of imagination of the heart of man, which is so the jesuits in England, Robt. Tesmond, jesuit, secret as God only knoweth it. Now the wis-Robt. Catesby (who was bono subacto et verdom of the law provideth for the blasting and nipping, both of the leaves, blossoms, and buds which proceed from this root of Treason; either by words, which are like to leaves, or by some overt act, which may be resembled to buds or blossoms, before it cometh to such fruit and ripeness, as would bring utter destruction and desolation upon the whole state.-It is likewise Treason to kill the lord Chancellor, lord suto ingenio et profunda perfidia) together with Francis Tresham and others, in the names, and for the behalf of all the English Romish Catholicks, imploy Thomas Winter into Spain, as for the general good of the Romish Catho lick cause; and by him doth Garnet write his letters to father Creswell, jesuit, residing in Spain, in that behalf. With Thos. Winter doth Tesmond, alias Greeneway the jesuit, go as an : associate and confederate in that conspiracy. | Tresham. But soon after set that glorious The message (which was principally committed light, her majesty died: Mira cano; Sol ocunto the said Winter) was, that he should cubuit, Nox nulla secuta est.'-Presently Inake a proposition and request to the king of after whose death was Christ. Wright, another Spain, in the behalf and names of the English messenger, sent over into Spain by Garnet, Catholicks, That the king would send an army (who likewise did write by him to Creswell, hither into England, and that the forces of for the furtherance of the negociation) Catesby the Catholicks in England should be prepared and Tresham, in the name and behalf of all to join with him, and do him service. And the Romish Catholicks in England; as well to further, that he should move the king of Spain carry news of her majesty's death, as also to to bestow some pensions here in England, continue the aforesaid negotiation for an invaupon sundry persons Catholicks, and devoted sion and pensions, which by Tho. Winter had to his service and moreover, to give adver- before been dealt in. And in the Spanish tisement, that the said king of Spain, making court, about two months after his arrival there, use of the general discontentment that young doth Christopher Wright meet with Guy gentlemen and soldiers were in, might no Fawkes; who upon the 22nd of June was emdoubt, by relieving their necessities, have them ployed out of Flanders from Brussels by sir all at his devotion.-And because that in all William Stanley, Hugh Owen, (whose finger attempts upon England, the greatest difficulty hath been in every treason which hath been was ever found to be the transportation of of late years detected) and Baldwyn the legier horses; the Catholicks in England would as- jesuit in Flanders; from whom likewise the sure the king of Spain to have always in rea- said Fawkes carried letters to Cresswell in diness for his use and service, 1500 or 2000 Spain, for the countenancing and furtherance horses, against any occasion or enterprize. of his affairs.-Now the end of Fawkes's imNow Thomas Winter undertaking this negotia- ployment was, to give advertisement to the tion, and with Tesmond the jesuit coming into king of Spain, how the king of England was Spain, by means of father Creswell the legier like to proceed rigorously with the Catholicks, jesuit there, as hath been said, had readily and to run the same course which the late speech with Don Pedro Francesa second se- queen did; and withal to intreat that it would cretary of state, to whom he imparted his mes- please him to send an army into England to sage, as also to the duke of Lerma; who as- Milford-haven, where the Romish Catholicks sured him, that it would be an office very would be ready to assist him; and then the grateful to his master, and that it should not forces that should be transported in Spinola's want his best furtherance.-Concerning the Gallies, should be landed where they could place for landing of the king of Spain's army, most conveniently. And these their several which from the English Romish Catholicks he messages did Christopher Wright and Guy desired might be sent to invade the land; it Fawkes in the end intimate and propound to was resolved, That if the army were great, the king of Spain. But the king as then very then Essex and Kent were judged fittest, (where honourably answered them both, that he would note by the way, who was then lord Warden not in any wise further listen to any such moof the Cinque Ports): if the army were small, tion, as having before dispatched an embassy and trusted upon succour in England, then into England, to treat concerning peace. Milford-haven was thought more convenient. Therefore this course by foreign forces failing, Now there being at that time hostility betwixt they fell to the Powder-plot, Catesby and both kingdoms, the king of Spain willingly em- Tresham being in at all; in the treason of the braced the motion, saying, that he took the earl of Essex, in the treason of Watson and message from the Catholicks very kindly, and Clarke seminary priests, and also in this of the that in all things he would respect them with jesuits; such a greedy appetite had they to as great care as his proper Castilians. But practise against the state. for his further answer, and full dispatch, Thos. Winter was appointed to attend the progress. In the end whereof, being in summer time, count Miranda gave him this answer in the behalf of his master, That the king would bestow 100,000 crowns to that use, half to be paid that year, and the rest the next spring following; and withal required that we should be as good as our promise, for the next spring he meant to be with us, and set foot in England. And lastly, he desired on the king's behalf, of Winter, that he might have certain advertisement and intelligence, if so it should in the mean time happen that the queen did die. Thos. Winter laden with these hopes, returns into England about a month before Christmas, and delivered answer of all that had passed, to Henry Garnet, Robert Catesby, and Francis The rest of that which Mr. Attorney then spake continuedly, was by himself divided into three general parts. The first containing certain Considerations concerning this Treason. The second Observations about the same. The third a Comparison of this Treason of the. jesuits, with that of the seminary priests, and that other of Raleigh and others. For the considerations concerning the Powder-treason, they were in number eight: that is to say, 1. The persons by whom. 2. The persons against whom. 3. The time when. 4. The place where. 5. The means. 6. The end. 7. The secret contriving. And lastly, the admirable discovery thereof. 1. For the Persons offending, or by whom, they are of two sorts; either of the clergy, or laity and for each of them there is a several |