of a mental, a verbal, a written, and a mixed proposition; a very labyrinth to lead men into error and falshood.-For example, to give you a little taste of this art of cozening: A man is asked upon his oath this question, Did you see such a one to-day? He may by this doctrine answer, No, though he did see him, viz. reserving this secret meaning, not with purpose to tell my Lord Chief Justice: Or, I see him not visiona beatifica, or, not in Venice, &c. Likewise to answer thus; I was in the company; reserving and intending secretly as added, this word not: As Strange the Jesuit did to my Lord Chief Justice and myself. Take one or two of these out of that very book, as for purpose: A man cometh unto Coventry in time of a suspicion of plague, and at the gates the officers ineet him, and upon his oath examine him: Whether he came from London or no, where they think certainly the plague to be: This man knowing for certain the plague not to be at London, or at least knowing that the air is not there infectious, and that he only rid through some secret place of London, not staying there, may safely swear, he came not from London; answering to their final intention in their demand, that is, whether he came so from London that he may endanger their city of the plague, although their immediate intention were to know, whether he came from London or no. That man, saith the book, the very light of nature would clear from perjury.In like manner, one being convented in the bishop's court, because he refused to take such a one to his wife, as he had contracted with, per verba de præsenti, having contracted with another privily before, so that he cannot be husband to her that claimeth him; may answer, That he never contracted with her per verba de præsenti: understanding that he did not so contract that it was a marriage; for that is the final intention of the judge, to know whether there were a sufficient marriage between them or no. Never did father Cranmer, father Latimer, father Ridley, those blessed martyrs, know these shifts, neither would they have used them to have saved their lives. And surely let every good man take heed of such jurors or witnesses, there being no faith, no bond of religion or civility, no conscience of truth in such men; and therefore the conclusion shall be that of the prophet David, Domine libera animam meam a labiis iniquis et à lingua dolosa; Deliver me, O Lord, from lying lips, and from a deceitful tongue.' S. P. Q. R. was sometimes taken for these words, Senatus Populusque Romanus; The Senate and People of Rome: but now they may truly be expressed thus, Stultus Populus quærit Romam; A foolish People that runneth to Rome. And here was very aptly and delightfully inserted and related the apologue or tale of the cat and the mice: The cat having a long time preyed upon the mice, the poor creatures at last, for their safety, contained them selves within their holes; but the cat finding his prey to cease, as being known to the mice, that he was indeed their enemy and a cat, deviseth this course following, viz. changeth his hue, getteth on a religious habit, shaveth his crown, walks gravely by their holes: And yet perceiving that the mice kept their holes, and looking out, suspected the worst, he formally, and father-like, said unto them, ' Quod fueram non sum, frater; caput aspice tonsum!' 'Oh brother, I am not as you take me for, no more a cat; see my habit and shaven crown!" Hereupon some of the more credulous and bold among them, were again, by this deceit, snatched up; and therefore, when afterwards he came as before to entice them forth, they would come out no more, but answered, Cor 'tibi restat idem, vix tibi præsto fidem;' Talk what you can, we will never believe you, you have still a cat's heart within you.' You do not watch and pray, but you watch to prey. And so have the Jesuits, yea, and priests too, for they are all joined in the tails like Sampson's foxes, Ephraim against Manasses, and Manasses against Ephraim, but both against Judah. 8. The last consideration is concerning the admirable Discovery of this treason, which was by one of themselves, who had taken the oath and sacrament, as hath been said, against hus own will: the means was by a dark and doubtful Letter sent to my lord Mounteagle *. 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 been hired, the minework could hardly, or not at all have been discovered; for the mine was neither found nor suspected until the danger was past, and the capital offenders apprehended, and by themselves, upon examination, confessed. 2. How the king was divinely illuminated by Almighty God, the only ruler of princes, like an Angel of God, to direct and point as it were to the very place, to cause a search to be made there, out of those dark words of the letter concerning a terrible blow. 3. Observe a miraculous accident which befel in Stephen Littleton's house, called Holbach in Staffordshire, after they had been two days in open rebellion, immediately before the apprehension of these traitors: for some of them standing by the fire-side, and having set two pound and an half of powder to dry in a platter before the fire, and underset the said platter with a great linen bag full of other powder, containing some fifteen or sixteen pounds; it so fell out, that one coming to put more wood into the fire, and casting it on, there flew a coal into the platter, by reason whereof the powder taking fire and blowing up, scorched those who were nearest, as Catesby, Grant, and Rookwood, blew up the roof of the house: and the linen-bag which was set under the platter being therewith suddenly carried out through the breach, fell down in the court * The Letter to lord Mounteagle is inserted in king James's Account of the Discovery of the Gunpowder Fiot, which follows this Case, : yard whole and unfired; which if it had took fire in the room, would have slain them all there, so that they never should have come to this trial and Lex justior nulla est, quam necis 'artifices arte perire sua? 4. Note, that gunpowder was the invention of a fryer, one of the Romish rabble, as printing was of a soldier. 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 aid. 6. That for all their stirring and rising in open rebellion, and notwithstanding the false rumours given out by them, That the throats of all Catholicks should be cut; such is his majesty's blessed government, and the loyalty of his subjects, as they got not any one man to take their parts, besides their own company. 7. Observe, the sheriff, the ordinary minister of justice, according to the duty of his office, with such power as he on a sudden by law collected, suppressed them. 8. That God suffered their intended mischief to come so near the period, as not to be discovered, but within few hours before it should have been executed. 9. That it was in the entering of the Sun into the Tropick of Capricorn when they began their mine; noting, that by mining, 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 realm. I am now come to the last part, which I proposed in the beginning of this discourse; and that is, touching certain comparisons of this Powder-Treason of the Jesuits, with that of Raleigh, and the other of the priests Watson and Clarke. 1. They had all one end, and that was the Romish Catholick cause. 2. The same means, by Popish and discontented persons, priests and lay-men. 3. They all plaid at hazard; the priests were at the bye, Raleigh at the main, but these in at all; as purposing to destroy all the king's royal issue, and withal the whole estate. 4. They were all alike obliged by the same oath and sacrament. 5. The same proclamations were intended, after the fact, to be published for reformation of abuses. 6. The like army provided for invading, to land at Milford-Ilaven, or in Kent. 7. The same pensions of crowns promised. 8. The agreeing of the times of the treason of Raleigh and these men, which was when the constable of Spain was coming hither: and Raleigh said, there could be no suspicion of any invasion, seeing that the constable of Spain was then expected for a treaty of peace; and the navy might be brought to the Groyn under pretence of the service in the Low-Countries. And Raleigh further said, That many more were hanged for words than for deeds. And before Raleigh's treason was discovered, it was reported in Spain that Don Raleigh and Don Cobham should cut the king of England's throat. I say not, that we have any proofs, that these of the Powder-Plot were acquainted with Raleigh, or Raleigh with them: but as before | was spoken of the Jesuits and priests, so they all were joined in the ends, like Sampson's Foxes in the tails, bowsoever severed in their heads. The conclusion shall be from the admirable clemency and moderation of the king, in that howsoever these traitors have exceeded all others their predecessors in mischief, and so Crescente malitia, crescere dobuit et pæna ;' yet neither will the king exceed the usual punishment of law, nor invent any new torture or torment for them; but is graciously pleased to afford them as well an ordinary course of trial, as an ordinary punishment, much inferior to their offence. And surely worthy of observation is the punishment by law provided and ap-pointed for High-Treason, which we call crimen læsæ majestatis. For first after a traitor hath bad bis just trial and is convicted and attainted, he shall have his judgment to be drawn to the place of execution from his prison as being not worthy any more to tread upon the face of the earth whereof he was made: also for that he hath been retrograde to nature, therefore is he drawn backward at a horse-tail. And whereas God hath made the head of man the highest and most supreme part, as being his chief grace and ornament, Pronaque cum spectent animalia cætera terram os homini 'sublime dedit;' he must be drawn with his head declising downward, and lying so near the ground as may be, being thought unfit to take benefit of the common air. For which cause also he shall be strangled, being hanged up by the neck between heaven and earth, as deemed unworthy of both, or either; as likewise, that the eyes of men may behold, and their hearts contemn him. Then is he to be cut down alive, and to have his privy parts cut off and burnt before his face as being unworthily begot ten, and unfit to leave any generation after him. His bowels and inlay'd parts taken out and burnt, who inwardly had conceived and herboured in his heart such horrible treason. After, to have his head cut off, which had imagined the mischief. And lastly his body to be quartered, and the quarters set up in some high and eminent place, to the view and detestation of men, and to become a prey for the fowls of the air. And this is a reward due to traitors, whose hearts be hardened: For that it is physic of state and government, to let out corrupt blood from the heart. But, Poenitentia vera nun quam, sera sed pœnitentia sera raro vera.' True repentance is indeed never too late: but late repentance is seldom found true: Which yet I pray the merciful Lord to grant unto them, that having a sense of their offences, they may make a true and sincere confession both for their souls health, and for the good and safety of the king and this state. And for the rest that are not yet apprehended, my prayer to God is, Ut and convertantur ne pereant, aut 'confundantur ne noceant;' that either they may be converted, to the end they perish not, or else confounded, that they hurt not. After this, by the direction of master Attor ney-General, were their several examinations (subscribed by themselves) shewed particularly unto them and acknowledged by them to be their own, and true, wherein every one had confessed the treason. Then did master Attorney desire, That albeit that which had been already done and confessed at the bar, might be all-sufficient for the declaration and justification of the course of justice then held, especially seeing we have reos confitentes, the traitors own voluntary confessions at the bar; yet for further satisfaction to so great a presence and audience, and their better memory of the carriage of these treasons, the voluntary and free confessions of all the said several traitors in writing subscribed with their own proper hands, and acknowledged at the bar, by themselves to be true, were openly and distinctly read; By which, amongst other things, it appeared that Bates was absolved for what he undertook concerning the Powder-treason, and being therein warranted by the Jesuits. Also it appeared, that Hammond the Jesuit, after that he knew the Powder-treason was discovered, and that these traitors had been in actual rebellion, confessed them, and gave them absolution: and this was on Thursday the 7th of November. Thomas Winter only desired, that he might be hanged both for his brother and himself." Guy Fawkes being asked, Why he pleaded Not Guilty, having nothing to say for his excuse answered, That he had so done in respect of certain conferences mentioned in the indictment, which he said that he knew not of: which were answered to have been set down according to course of law, as necessarily pre-supposed before the resolution of such a design. Keys said, That his estate and fortune were desperate, and as good now as at another time, and for this cause rather than for another. Here also was mention made by master Attorney of the Confessions of Watson and Clarke, seminary priests, upon their apprehension; who affirmed, that there was some treason intended by the Jesuits, and then in hand; as might appear. 1. By their continual negotiating at that time with Spain, which they assured themselves tending to nothing but a preparation for a foreign commotion. 2. By their collecting and gathering together such great sums of money, as then they had done, therewith to levy an army when time should serve. 3. For that sandry of the Jesuits had been tampering with Catholicks, as well to dissuade them from acceptance of the king at his first coming, saying, That they ought rather to die than to admit of any heretick (as they continually termed his majesty) to the crown; and that they might not, under pain of excommunication, accept of any but a Catholick for their sovereigns; as also to dissuade Catholicks from their loyalty after the state was settled. Lastly. In that they had both bought up store of great horses throughout the country, and conveyed powder and shot, and artillery secretly to their friends; wishing them not to stir, but keep themselves quiet until they heard from them. After the reading of their several Examinations, Confessions, and voluntary Declarations as well of themselves, as of some of their dead Confederates, they were all by the Verdict of the jury found Guilty of the Treasons contained in their Indictment. And then being severally asked, What they could say, wherefore Judg ment of Death should not be pronounced against them? there was not one of these (except Rookwood) who would make any continued speech either in defence or extenuation of the fact. Bates craved mercy.-Robert Winter, mercy. John Grant was a good while mute; yet after, submissively said, he was guilty of a conspiracy intended, but never effected. But Ambrose Rookwood first excused his de nial of the Indictment, for that he had rather lose his life than give it. Then did he acknowledge his offence to be so heinous, that he justly deserved the indignation of the king, and of the lords, and the hatred of the whole commonwealth; yet could he not despair of mercy at the hands of a prince, so abounding in grace and mercy: and the rather, because his offence, though it were incapable of any excuse, yet not altogether incapable of some extenuation, in that he had been neither author nor actor, but only persuaded and drawn in by Catesby. whom he loved above any worldly man: and that he had concealed it not for any malice to the person of the king, or to the state, or for any ambitious respect of his own, but only drawn with the tender respect, and the faithful and dear affection he bare to Mr. Catesby his friend, whom he esteemed dearer than any thing else in the world. And this mercy he desired not for any fear of the image of death, but for grief that so shameful a death should leave so perpetual a blemish and blot unto all ages, upon his name and blood. But howsoever that this was his first offence, yet he humbly submitted himself to the mercy of the king; and prayed that the king would herein imitate God, who sometimes doth punish corporaliter, non mortaliter, corporally, yet not mortally. Then was related how that on Friday immediately before this Arraignment, Robert Winter having found opportunity to have conference with Fawkes in the Tower, in regard of the nearness of their lodgings, should say to Fawkes, as Robert Winter and Fawkes confessed, that he and Catesby had sons, and that boys would be men, and that he hoped they would revenge the cause; nay, that God would raise up children to Abraham out of stones: also that they were sorry, that nobody did set forth a defence or apology of their action, but yet they would maintain the cause at their deaths. Here also was reported Robert Winter's dream, which he had before the blasting with powder in Littleton's house, and which he himself confessed and first notified, viz. That he thought he saw steeples stand awry, and within those churches strange 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, Rookwood, and others; then did Winter call to mind his dream, and to his remembrance thought, that the faces of his associates so scorched, resembled those, which he had seen in his dream. Then was sir Everard Digby arraigned, and after his Indictment was read; wherein be was charged, not only to have been acquainted with the Powder-treason, and concealed it, and taken the double oath of secrecy and constancy therein, but likewise to have been an actor in this conspiracy; and lastly to have exposed, and openly shewed himself in the rebellion in the country amongst the rest of the traitors. All which after he had attentively heard and marked, knowing that he had confessed it, and the strength and evidence of the proofs against him, and convicted with the testimony of his own conscience, shewed his disposition to confess the principal part of the said Indictment, and so began to enter into a discourse. But being advertised that he must first plead to the Indictment directly, either Guilty, or not Guilty; and that afterwards he should be licensed to speak his pleasure; he forthwith confessed the treason contained in the Indictment, and so fell into a speech, whereof there were two parts, viz. Motives, and Petitions. The first 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 he bare to Catesby, which prevailed so much, and was so powerful with him, as that for his sake he was ever contented and ready to hazard himself and his estate. The next motive, was the cause of religion, which alone, seeing (as he said) it lay at the stake, he entered into resolution to neglect in that behalf, his estate, his life, his name, his memory, his posterity, and all worldly and earthly felicity whatsoever; though he did utterly extirpate, and extinguish all other hopes for the restoring of the Catholick Religion in England. His third motive was, that promises were broken with the Catholicks. And lastly, that they generally feared harder laws from this parliament against recusants, as that recusants wives, and women should be liable to the mulct as well as their husbands and men. And further, that it was supposed, that it should be made a præmunire, only to be a Catholick. His Petitions were, That sithence his offence was confined and contained within himself, that the punishment also of the same might extend only to himself and not to be transferred either to his wife, children, sisters, or other : and therefore for his wife he humbly craved, that she might enjoy her jointure; his son the benefit of an entail made long before any thought of this action; his sisters, their just and due portions, which were in his hands; his creditors their rightful debts, which that he might more justly set down under his hand, he requested that before his death, his man (who was better acquainted both with the men, and the particulars than himself) might be licensed to come unto him. Then prayed he pardon of the king and lords for his guilt. And lastly he entreated to be beheaded; desiring all men to forgive him, and that his death might satisfy them for his trespass. To this speech forthwith answered sir Edward Coke, Attorney-General, but in respect of the time (for it grew now dark) very briefly : 1. For his Friendship with Catesby, that it was mere fully and wicked conspiracy. 2. His Religion, error, and heresy. 3. His Promises, idle and vain presumptions, as also his Fears, false alarms, concerning wives that were recusants, if they were known so to be before their husbands (though they were good Protestants) took them, and yet for outward and worldly respects whatsoever, any would match with such; great reason there is, that he or they should pay for it, as knowing the penalty and burden before: for volenti et scienti 'non sit injuria;' no man receives injury in that, to which he willingly and knowingly agreeth and consenteth. But if she were no recusant at the time of marriage, and yet afterwards he suffer her to be corrupted and seduced, by admitting priests and romanists into his house; good reason likewise that he, be he papist or protestant, should pay for his negligence and misgovernment.-4. Concerning the Petitions for wife, for children, for sisters, &c. O how he doth now put on the bowels of nature and compassion, in the peril of his private and domestical estate! But before, when the publick state of his country, when the king, the queen, the tender princes, the nobles, the whole kingdom were designed to a perpetual destruction; where was then this picty, this religious affection, this care? All nature, all humanity, all respect of laws both divine and human, were quite abandoned; then was there no conscience made to extirpate the whole nation, and all for a pretended zeal to the Catholick Religion, and the justification of so detestable and damnable a fact. Here did Sir Everard Digby interrupt Mr. Attorney, and said, that he did not justify the fact, but confessed that he deserved the vilest death, and most severe punishment that might be: but he was an humble petitioner for mercy, and some moderation of justice.-Whereupon Mr. Attorney replied, that he should not look by the king to be honoured in the manner of his death, having so far abandoned all religion and humanity in his action: but that he was rather to admire the great moderation and mercy of the king, in that for so exorbitant a crime, no new torture auswerable thereunto was devised to be inflicted upon him. And for his wife and children, whereas he said that for the Catbolick cause he was content to neglect the ruin of himself, his wife, his estate, and all; he should have his desire as it is in the Psalm, Let his wife be a widow, and his children vagabonds, let his posterity be destroyed, and 6 in the next generation let his name be quite put out. For the paying of your creditors, it is equal and just; but yet fit the king be first satisfied and paid, to whom you owe so much, as that all you have is too little yet these things must be left to the pleasure of his majesty, and the course of justice and law. to the prejudice of the present state, that might otherwise have slept as before with silence and sufferance; it hath served for a shield of wax against a sword of power: it hath been used as an instrument of art to shadow false approaches, till the Trojan horse might be brought within the walls of the parliament, Earl of Northampton. You must not hold it with a belly studied, not as in old time with strange, sir Everard Digby, though at this time armed Greeks, but with hellish gunpowder. being pressed in duty, conscience and truth, I But howsoever God had blinded you and others do not suffer you to wander in the labyrinth in this action, as he did the king of Egypt and of your own idle conceits, without oppo- his instruments, for the brighter evidence of sition, to seduce others, as yourself have been his own powerful glory; yet every man of unseduced, by false principles, or to convey your- derstanding could discern, that a prince whose self by charms of imputation, by clouds of judgment had been fixed by experience of so error, and by shifts of lately devised equivo-many years upon the poles of the North and cation, out of that straight wherein your late secure and happy fortune hath been unluckily entangled, but yet justly surprized by the rage and revenge of your own rash humours. If in this crime (mos horrible than any man is able to express) I could lament the estate of any person upon earth, I could pity you; but thank yourself and your bad counsellors for leading you into a crime of such a kind, as no less benunrbeth in all faithfel, true and honest men, the tenderness of affection, than did in you the sense of all humanity.-That you were once well thought of and esteemed by the late queen, I can witness, having heard her speak of you with that grace, which might have encouraged a true gentleman to have run a better course. Nay, I will add further, that there was a time wherein you were as well affected | to the king our master's expectation, though perhaps upon false rumours and reports, that he would have yielded satisfaction to your unprobable and vast desires; but the seed that wanted moisture (as our Saviour, himself reporteth) took no deep root: that zeal which hath no other end or object than the pleasing of itself, is quickly spent; and Trajan, that worthy and wise emperor, had reason to hold himself discharged of all debts to those that had offended more by prevarication, than they could ever deserve by industry.-The grace and goodness of his majesty in giving honour at his first coming unto many men of your own affection, and (as I think) unto yourself; his facility in admitting ail without distinction of Trojan or of Tyrian, to his royal presence, upon just occasions of access; his integrity in setting open the gate of civil justice unto all his subjects equally and indifferently, with many other favours that succeeded by the progression of peace; are so palpable and evident to all men, that have either eyes of understanding, or understanding of capacity, as yourself and many others have been driven of late to excuse and countenance your execrable ingratitude with a false and scandalous report of some further hope and confort yielded to the Catholicks for toleration or connivance, before his coming to the crown, than since hath been ⚫ performed, made good or satisfied.-I am not ignorant, that this seditious and false aların Lath awaked and incited many working spirits the South, could not shrink upon the sudden : no nor since with fear of that combustion which Catesby that arch-traitor, like a second Phaeton, would have caused in an instant in all the elements. His majesty did never value fortunes of the world, in lesser matter than religion, with the freedom of his thoughts: he thought it no safe policy (professing as he did, and ever will) to call up more spirits into the circle than he could put down again; he knew, that omne regnum in se divisum desolabitar, philosophy doth teach, that whatsoever any man may think in secret thought, that where one doth hold of Cephas, another of Apollo, openly dissension ensues, quod insitum avieno solo est, in id quo alitur natura vertente degenerat; and the world will ever apprehend, that Quorum est commune symbolum, facillimus est transitus.--Touching the point itself of promising a kind of toleration to Catholics, as it was divulged by these two limbs of Lucifer, Watson and Percy, to raise a ground of practice and conspiracy against the state and person of our dear sovereign, let the kingdom of Scotland witness for the space of so many years before his coming hither, whether either flattery or fear, no, not upon that enterprize of the 17th of Nov. which would have put the patience of any prince in Europe to his proof, could draw from the king the least inclination to this dispensative indifference, that was only believed, because it was eagerly desired.-Every man doth know how great art was used, what strong wits sublimed, how many ministers suborned and corrupted many years both in Scotland and in foreign parts, to set the king's teeth an edge with fair promises of future helps and supplies, to that happy end of attaining his due right in England, when the sun should set, to rise more gloriously in the same hemisphere, to the won der both of this island and of the world. But all in vain; for jacta erat alea, the king's compass had been set before, and by a more certaia rule, and they were commonly cast off as forlorn hopes in the king's favour, that ran a course of ranking themselves in the foremost front of foreign correspondency. Upon notice given to his majesty from hence some years be-.. fore the death of the late queen, that many inen were grown suspicious of his religion, by rumours spread abroad, that some of those in fo |