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abroad that morning, which was upon a Tuesday, the fifth of November, and the first day designed for that session of parliament; the news, I say, of this so strange and unlookedfor accident was no sooner divulged, but some of those conspirators, namely, Winter, and the two brothers of Wright's, thought it high time fo. them to hasten out of the town (for Catesby was gone the night before, and Percy at four of the clock in the morning the same day of the discovery) and all of them held their course, with more haste than good speed, to Warwickshire toward Coventry, where the next day morning, being Wednesday, and about the same hour that Fawkes was taken in Westminster, one Graunt, a gentleman, having associated unto him some others of his opinion, all violent papists, and strong recusants, came to a stable of one Benocke, a rider of great horses, and, having violently broken up the same, carried along with them all the great horses that were therein, to the number of seven or eight, belonging to divers noblemen and gentlemen of that country, who had put them into the rider's hands to be made fit for their service. And so both that company of them which fled out of London, as also Graunt, and his accomplices, met all together at Dunchurch, at sir Everard Digby's lodging, the Tuesday at night, after the discovery of this treacherous attempt; the which Digby had likewise, for his part, appointed a match of hunting, to have been hunted the next day, which was Wednesday, though his mind was, Nimrod-like, upon a far other manner of hunting, more bent upon the blood of reasonable men than brute beasts.

This company, and hellish society, thus convened, finding their purpose discovered, and their treachery prevented, did resolve to run a desperate course; and, since they could not prevail, by so private a blow, to practise, by a public rebellion, either to attain to their intents, or, at least, to save themselves in the throng of others. And, therefore, gathering all the company they could unto them, and pretending the quarrel of religion, having intercepted such provision of armour, horses, and powder, as the time could permit, thought, by running up and down the country, both to augment piece and piece their number (dreaming to themselves, that they had the virtue of a snow-ball, which, being little at the first, and tumbling down from a great hill, groweth to a great quantity, by increasing itself with the snow that it meeteth by the way) and also, that they, beginning first this brave shew, in one part of the country, should, by their sympathy and example, stir up and encourage the rest of their religion, in other parts of England, to rise, as they had done there. But, when they had gathered their force to the greatest, they came not to the number of fourscore; and yet were they troubled, all the hours of the day, to keep and contain their own servants from stealing from them; who, notwithstanding all their care, daily left them, being far inferior to Gideon's host in number,

but far more, in faith or justness of quarrel.— And so, after that this Catholick troop had wandered a while through Warwickshire to Worcestershire, and from thence to the edge and borders of Staffordshire, this gallantly armed band had not the honour, at the last, to be beaten with a king's lieutenant, or extraordinary commissiouer, sent down for the purpose, but only by the ordinary sheriff of Worcestershire were they all beaten, killed, taken, and dispersed. Wherein ye have to note this following circumstance so admirable, and so lively displaying the greatness of God's justice, as it could not be concealed, without betraying, in a manner, the glory due to the Almighty for the same. -Although divers of the king's Proclamations were posted down after these traitors with all the speed possible, declaring the odiousness of that bloody attempt, the necessity to have had Percy prescived alive, if it had been possible, and the assembly together of that rightly damned crew, now no more darkened conspirators, but open and avowed rebels; yet the far distance of the way,which was above an hundred miles, together with the extreme deepness thereof, joined also with the shortness of the day, was the cause that the hearty and loving affections of the king's good subjects, in those parts, prevented the speed of his proclamations. For, upon the third day after the flying down of these rebels, which was upon the Friday next after the discovery of their Plot, they were most them all surprized by the sheriff of Worcestershire, at Holbeech, about the noon of the day, and that in manner following:- Graunt, of whom I have made mention before, for taking the great horses, who had not, all the preceding time, stirred from his own house till the next morning, after the attempt should have been put in execution; he then laying his accounts without his host, as the proverb is, that their Plot had, without failing, received the day before their hoped-for success; took, or rather stole, out those horses, as I said before, for enabling him, and so many of that foulest society, that had still remained in the country near about him, to make a sudden surprise upon the king's elder daughter, the lady Elizabeth, having her residence near by that place, whom they thought to have used for the colour of their treacherous design, his majesty, her father, her mother, and male children being all destroyed above, and to this purpose, also, had that Nimrod, Digby, provided his hunting-match against that same time, that, numbers of people being flocked together, upou the pretence thereof, they might the easilier have brought to pass the sudden surprise of her person.

Now the violent taking away of those borses, long before day, did seem to be so great a riot, in the eyes of the common people, that knew of no greater mystery: And the bold attempting thereof did ingender such a suspicion of some following rebellion in the hearts of the wiser sort, as both great and small began to stir and arm themselves, upon this unlooked-for accident. But, before twelve or sixteen hours

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Rookwood, Grant, and divers others of greatest account among them, were, thereby, made unable for defence, but, also, wonderfully struck with amazement in their guilty consciences, calling to memory, how God had justly punished them with that same instrument, which they should have used for the effectuating of so great a sin, according to the old Latin saying, In quo peccemnus, in eodem plectimur;' as they presently, (see the wonderful power of God's

down upon their knees, praying God to pardon them for their bloody enterprise; and, thereafter, giving over any further debate, opened the gate, suffered the sheriff's people to rush in furiously among them, and desperately sought their own present destruction: The three specials of them joining backs together, Catesby, Percy, and Winter, whereof two, with one shot, Catesby and Percy, were slain, and the third, Winter, taken and saved alive.

past, Catesby, Percy, the Winters, Wrights, Rookwood, and the rest, bringing then the assurance, that their main Plot was failed and bewrayed, whereupon they had built the golden mountain of their glorious hopes: They then took their last desperate resolution, to flock together in a troop, and wander, as they did, for the reasons aforetold. But as, upon the one part, the zealous duty to their God, and their Sovereign, was so deeply imprinted in the hearts of all the meanest and poorest sort of the peo-justice upon guilty consciences,) did all- fall ple, although then knowing of no further mystery, than such publick musbehaviours, as their own eyes taught them, as, notwithstanding of their fair shews and pretences of their Catholick cause, no creature, man or woman, through all the country, would, once, so much as give them, willingly, a cup of drink, or any sort of comfort or support, but, with execrations, detested them: so on the other part, the sheriffs of the shires, through which they wandered, conveying their people with all speed possible, hunted as hotly after them, as the evilness of the way, and the unprovidedness of their people, upon that sudden, could permit them. And so at last, after sir Richard Verney, sheriff of Warwickshire, had carefully and straightly been in chace of them to the confines of his county, part of the meaner sort being also apprehended by him; sir Richard Walsh, sheriff of Worcestershire, did likewise dutifully and hotly pursue them through his shire: And, having gotten sure trial of their taking harbour at the house above-named, he did send trumpeters and messengers to them, commanding them, in the king's name, to render unto him, his majesty's minister; and knowing no more, at that time, of their guilt, than was publickly visible, did promise, upon their dutiful and obedient rendering unto him, to intercede, at the king's hands, for the sparing of their lives; who received only, from them, this scornful answer, they being better witnesses to themselves of their inward evil consciences, That he had need of better assistance, than of those few numbers that were with him before he could be able to command or controul them.' But here fell the wonderous work of God's justice, that, while this message passed between the sheriff and them, the sherid's and his people's hearts being justly kindled and augmented by their arrogant answer; and so, they preparing themselves to give a furious assault, and the other party making themselves ready, within the house, to perform their promise by a defence as resolute; it pleased God, that, in the mending of the fire, in their chamber, one sinall spark should fly out, and light among less than two pound-weight of powder, which was drying a little from the chimney; which, being thereby blown up, so maimed the faces of some of the principal rebels, and the hands and sides *Catesby, who was the first inventor of of others of thèm, blowing up with it also a this treason in general, and of the manner of great bag full of powder, which, notwithstand-working the same by powder, in special, himself' ing, never took fire, as they were not only now first maimed with the blowing up of powdisabled and discouraged hereby, from any der, and, next, he and Percy both killed with further resistance, in respect Catesby himself, one shot proceeding from powder.

And thus these resolute and high aspiring Catholicks, who dreamed of no less than the destruction of kings and kingdoms, and promised to themselves no lower estate, than the government of great and ancient monarchies, were miserably defeated, and quite overthrown in an instant, falling in the pit which they had prepared for others; and so fulfilling that sentence, which his majesty did, in a manner, prophesy of them, in his oration to the parliament; some presently slain, others deadly wounded, stripped of their clothes, left lying miserably naked, and so dying, rather of cold, than of the danger of their wounds; and the rest, that either were whole, or but lightly hurt, taken and led prisoners by the sheriff, the ordinary minister of justice, to the Jail, the ordinary place, even of the basest malefactors, where they remained till their sending up to London, being met with a huge confluence of people of all sorts, desirous to see them, as the rarest sort of monsters: fools to laugh at them, women and children to wonder, all the common people to gaze, the wiser sort to satisfy their curiosity, in seeing the outward cases of so unheard of a villainy; and, generally, all sorts of people, to satiate and fill their eyes with the sight of them, whom, in their hearts, they so far admired and detested; serving so for a fearful and publick spectacle of God's fierce wrath and just indignation.

What, hereafter, will be done with them, is to be left to the justice of his majesty and the state; which, as no good subject needs to doubt, will be performed in its own due time, by a public and exemplary punishment; so have we, all that are faithful and humble subjects, great cause to pray earnestly to the Almighty, that it will please him, who hath the hearts of

all princes in his hands, to put in his majesty's forced himself to speak, as stoutly as he could, heart, to make such a conclusion of this trage- his speech was not long, and to little good purdy to the traitors, but tragi-comedy to the king, pose, only, that his belied conscience, being, and all his true subjects, as, thereby, the glory but indeed, a blinded conceit, had led him into of God, and his true religion, may be advanced; this offence, which, in respect of his religion, the future security of the king, and his estate, alias, indeed idolatry, he held no offence, but, procured and provided for; all hollow and dis- in respect of the law, he held an offence, for honest hearts discovered and prevented; and which, he asked forgiveness of God, of the this horrible attempt, lacking due epithets, to king, and the whole kingdom; and so, with be so justly avenged; that whereas they vain and superstitious crossing of himself, bethought, by one Catbolick indeed, and univer- took him to his Latin prayers, mumbling to sal blow, to accomplish the wish of that Roman himself, refusing to have any prayers of any, tyrant, who wished all the bodies, in Rome, to but of the Romish Cathol cks; went up the have but one neck, and so, by the violent force | ladder, and with the help of the hangman, of powder, to break up, as with a petard, our made an end of his wicked days in this world. triple-locked peaceful gates of Janus, which, After him went Winter up to the scaffold, God be thanked, they could not compass by where he used few words to any effect, without any other means; they may justly be so re- asking mercy of either God, or the king, for his compensed, for their truly viperous intended offence; went up the ladder, and, making a few parricide, as the shame and infamy that, other prayers to himself, staid not long for his exewise, would light upon this whole nation, for cution. having unfortunately hatched such cockatriceeggs, may be repaired, by the execution of famous and honourable justice upon the offenders, and so the kingdom purged of them may, hereafter, perpetually flourish in peace and prosperity, by the happy conjunction of the hearts of all honest and true subjects, with their just and religious sovereign.

And thus, whereas they thought to have effaced our memories, the memory of them shall remain, but to their perpetual infamy; and we, as I said in the beginning, shall, with all thankfulness, eternally preserve the memory of so great a benefit. To which let every good subject say Amen.

There is in the 3rd Volome of the Harleian Miscellany, p. 116, a History of the Gunpowder Treason, compiled from various authors, but the compiler seems to have made no use of King James's Work. In the same volume, p. 127, is an Account of the Arraignment and Execution of Digby, the two Winters, Grant, Rockwood, Keyes, Bates, and Johnson alias Fawkes. It was published at the time, but is very indistinct and insulting, and no part of it, except perhaps the following, is at all worth insertion here:

"Now, after their Condemnation and Judgment, being sent back to the Tower, there they remained till the Thursday following; upon sledges and hurdles they were drawn into St. Paul's church-yard, four of them, viz. Everard Digby, the elder Winter, Grant, and Bates, of whom I forgot to speak, having no great matter to speak of, but only that, being a villain, and hoping for advancement by the same, be had the reward of a traitor.

Now these four being drawn to the scaffold, made on purpose for their execution: first went up Digby, a man of a goodly personage, and a manly aspect, vet might a wary eye, in the change of his countenance, behold an inward fear of death, for his colour grew pale and his eye heavy; notwithstanding that he in

After him went Grant, who abominably blinded with his horrible idolatry, though he confessed his offence to be heinous, yet would fain have excused it by his conscience for religion; a bloody religion, to make so bloody a conscience; but better that his blood, and all such as he was, should be shed by the justice of law, than the blood of many thousands to have been shed by his villainy, without law or justice; but to the purpose, having used a few idle words to ill effect, he 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.

Last of them came Bates, who seemed sorry for his offence, and asked forgiveness of God, and the king, and of the whole kingdom; prayed to God for the preservation of them all, and as he said, only for his love to his master, drawn to forget his duty to God, his king and country, and therefore was now drawn from the Tower to St. Paul's church-yard, and there hanged and quartered for his treachery. Thus ended that day's business.

The next day, being Friday, were drawn from the Tower to the Old Palace in Westminster, over-against the Parliament-house, Thomas Winter the younger brother, Rockwood, Keyes, and Fawkes the minor, justly called, the Devil of the Vault;' for had he not been a devil incarnate, he had never conceived so villainous a thought, nor been employed in so damnable an action.

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The same day, being Friday, were drawn from the Tower, to the Old Palace in Westminster, Thomas Winter, Rockwood, Keyes, and Fawkes, where Winter, first being brought to the scaffold, made little speech, but seeming, after a sort, as it were, sorry for his offence, and yet crossing himself, as though those were words to put by the devil's stoccadoes, having already made a wound in his soul, of which he had not yet a full feeling, protesting to die a true Catholick, as he said; with a very pale and dead colour, went up the ladder, and, after a swing or two with a halter, to the quartering

block was drawn, and there quickly dispatched.

Next him came Rockwood, who made a speech of some longer tine, confessing his offence to God, in seeking to shed blood, and asking therefore mercy of his Divine majesty; his offence to the king, of whose majesty he likewise humbly asked forgiveness, his offence to the whole state, of whom in general he asked forgiveness; beseeching God to bless the king, the queen, and all his royal progeny, and that they might long live to reign in peace and happiness over this kingdom. But last of all, to mar all the pottage with one filthy weed, to niar this good prayer with an ill conclusion, he prayed God to make the king a catholick, otherwise a papist, which God for his mercy ever forhid; and so, be seeching the king to be good to his wife and children, protesting to die in his idolatry, a Romish Catholick, he went up the ladder, and, hanging till he was almost dead, was drawn to the block, where he gave his last gasp.

After him came Keyes, who like a desperate villain, using little speech, with small or no shew of repentance, went stoutly up the ladder; where, not staying the hangman's turn, he turned himself off with such a leap, that with the swing he brake the halter, but, after his fall, was quickly drawn to the block, and there was quickly divided into four parts.

Last of all came the great devil of all, Fawkes, alias Johnson, who should have put fire to the powder. His body being weak with torture and sickness, he was scarce able to go up the ladder, but yet with much ado, by the help of the hangman, went high enough to break his neck with the fall: who 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 bloody intent; and, with his crosses and his idle ceremonies, made his end upon the gallows and the block, to the great joy of the beholders, that the land was ended of so wicked a villainy."

81. The Trial of HENRY GARNET, Superior of the Jesuits in England, at the Guildhall of London, for a High Treason, being a Conspirator in the Gunpowder Plot: 4 JAC. I. 28th of March,

A. D. 1606.

THE Commissioners present were, sir Leonard Holyday, Lord Mayor; the earls of Nottingham, Suffolk, Worcester, Northampton, and Salisbury; L. C. Justice of England, sir John Popham; the L. C. Baron of the Exchequer; sir Christopher Yelverton, kt. one of his majesty's Justices of the King's-Bench.

The substance and effect of the Indictment of Henry Garnet, superior of the Jesuits in England, appeareth before in the Relation of the former Arraignment, and therefore unnecessary to be repeated again; [3 Co. Inst. 27.] which Indictment was summarily and effectually repeated by sir John Croke kt. his majesty's Serjeant at law, in this manner :

Sir John Croke. This person and prisoner here at the bar, this place, and this present occasion and action, do prove that true, which the Author of all Truth hath told us; That nihil est occultum, quod non manifestabitur; et nihil est secretuin, quod non revelabitur et in palam veniet:' There is nothing hid that shall not be made manifest, there is nothing secret that shall not be revealed and come in publick. And that God by whom kings do reign, Consilium pravorum dissipat,' doth scatter and bring to nought the counsel of the wicked.That he spake with fear and trembling, and with horror and amazedness, against that rotten root of that hideous and hateful tree of treason, and of that detestable and unheard of wickedness, he did crave pardon for it; affirming that no flesh could mention it without astonishment.-He shewed that Henry Garnet, of the profession of the Jesuits, other

wise Wally, otherwise Darcy, otherwise Roberts, otherwise Farmer, otherwise Philips, (for by all those names he called himself) stood indicted of the most barbarous and damnable treasons, the like whereof was never heard of: That he was a man multorum nominum,' but not 'boni

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nominis;' of many names, as appeared by the indictment, but of no good name; adorned by God and nature, with many gifts and graces, if the grace of God had been joined with them: but that wanting, quanto ornatior' in other' gifts tanto nequior'.-That this Garnet (his majesty summoning his parliament to be holden at Westminster the 19th of March, in the first year of his reign, and by divers prorogations continuing it till the third of October last) together with Catesby lately slain in open rebellion, and with Oswald Tesmond a Jesuit, otherwise Oswald Greenwell, as a false traitor against the most mighty and most renowned king our sovereign lord king James; the 9th of June last, traitorously did conspire and compass: To depose the king, and to deprive him of his Government: To destroy and kill the king, and the noble prince Henry his eldest son: such a king, and such a prince, such a son of such a father, whose virtues are rather with amazed silence to be wondered at, than able by any speech to be expressed: To stir sedition and slaughter throughout the kingdom: To subvert the true religion of God, and whole government of the kingdom: To overthrow the whole state of the commonwealth.-The manner how to perform these horrible Treasons, the Serjeant said Horreo dicere,' his lips did

tremble to speak it, but his heart praised God for his mighty deliverance. The practice so inhuman, so barbarous, so damnable, so detestable, as the like was never read nor heard of, or ever entered into the heart of the most wicked man to imagine. And here he said, he could not but mention that religious observation so religiously observed by his religious majesty, wishing it were engraven in letters of gold, in the hearts of all his people; the more hellish the imagination, the more divine the preservation.-This Garnet, together with Catesby and Tesmond, had speech and conference together of these Treasons, and concluded most traitorously and devilishly: That Catesby, Winter, Fawkes, with many other traitors lately arraigned of high-treason, would blow up with gunpowder in the parliament-house, the king, the prince, the lords spiritual and temporal, the judges of the realm, the knights, citizens and burgesses, and many other subjects and servants of the king assembled in parliament, at one blow, traitorously and devilishly to destroy them all and piecemeal to tear them in asunder, without respect of majesty, dignity, and degree, age or place.-And for that purpose, a great quantity of gunpowder was traitorously and secretly placed and hid by these Conspirators under the Parliament-House.

This being the Substance and the Effect of the Indictment, Garnet did plead Not Guilty to it; and a very discreet and substantial Jury, with allowance of challenges unto the prisoner, ware sworn at the bar for the trial of him*.

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to repeat in this case; for that in respect of the confluence and access of people at the former arraignment, many could not hear at that time: and yet, because I fear it would be tedious for the most of all my lords commissioners, and of this honourable and great assem bly, were present at the arraignment, and for that I am now to deal with a man of another quality, I will only touch, and that very little, of the former discourse or evidence; and that little also shall be mingled with such new matter, as shall be worth the hearing, as being indeed of weight and moment: and all this with very great brevity.

But before I further proceed to the opening of this so great a cause, I hold it fit and necessary to give satisfaction to two divers and adverse sorts of men, who, according to the divers affections of their hearts, have divined and conjectured diversly of the cause of the procrastination and delay of proceeding, especially against this person: the matter wherewith he stands charged being so transcendent and exorbitant as it is. The first sort of these, out of their hearty love and loyalty to their natural liege lord and king, and to their dear country and this state, have feared the issue of this delay, lest that others might be animated by such protraction of judgment, to perpetrate the like: for they say, and it is most true, 'Quia non profertur cito contra malos sententia, absque timore ullo filii hominum perpetrant mala;' Because speedy justice is not executed against wicked men, the people without all fear commit wickedness. And pity it were that these good men should not be satisfy'd. The other sort are of those, who in respect no greater expedition hath been used against this prisoner at the bar, fall to excusing of him, as gathering these presumptions and conjectures: first, that if he, or any of the Jesuits, had indeed been justly to be touched with this most damnable and damned treason, surely they should have been brought forth and try'd before this time. Secondly, That there was a bill exhibited in parliament concerning this treason, and this traitor, but that it was deferred and proceeded not, for want of just and sufficient proofs. Nay, Thirdly, There was a particular apology Attorney General. (Sir Ed. Coke.) Your spread abroad for this man, and another genelordships may perceive by the parts of the In-ral for all Jesuits and priests, together with dictment which have been succinctly opened, that this is but a latter act of that heavy and woful tragedy, which is commonly called the Powder-Treason; wherein some have already played their parts, and according to their demerits suffered condign punishment and pains of death. We are now to proceed against this prisoner for the same treason; in which respect the necessary repetition of some things before spoken, shall at the least seem tolerable: for that Nunquam nimis dicitur, quod nunquam satis dicitur;' It is never said too often, that can never be said enough. Nay, it may be thought justiñable

To whom the Serjeant shewed that they should have Evidences to prove him Guilty, that should be luci clariores,' that every man might read them running. They should have testimonia rerum,' and 'loquentia signa,' Witnesses and Testimonies of the things themselves. 'Reum confitentem,' or rather 'reos confitentes, accusantes invicem.' That every one may say unto him, 'serva nequam,' thou wicked subject, thou wicked servant, ex ore tuo te judico', of thine own mouth I judge thee, of thine own mouth I condemn thee. And this shall be made so manifest by him that best can do it, as shall stop the mouth of all contradic

tion.

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* See 3 Co. Inst. 27.

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this imputation, That king-killing and queenkilling was not indeed a doctrine of theirs, but only a fiction and policy of our state, thereby to make the popish religion to be despised and in disgrace.

Now for these men, pity it were that the eye of their understanding should not be enligh tened and cleared, that so being by demonstra tive and luculent proofs convinced, they may be to their prince and country truly converted. First therefore concerning the delay, (though it be true, ' Quod flageliat r in corde, qui lauda

tur in ore') yet must remember the great pains of my lords the commissioners of his ma jesty's privy council in this cause: for Garnet being first examined upon the 13th of the last

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