Pagina-afbeeldingen
PDF
ePub

ceeded against the pope's will, he could not prevail: but Catesby refused and said, he would not take notice of the pope's pleasure by him. Notwithstanding, he shewed to Catesby the general letter which he had received from Rome, but said he would inform the pope, and tell Garnet also in particular, what attempt he had in hand, if he would hear it; which afterwards he offered to do, but Garnet refused to hear him, and at two several times requested him to certify the pope what he in tended to do.

And when sir Edmund Baynam (as he pretended) was to go over into Flanders for a soldier, Garnet thought good to send him to the pope's nuncio, and to commend him to other friends of his, that they should send him to inform the pope of the distressed estate of Catholicks in England: the rather, that the pope having a lay-man there, might be acquainted with all their proceedings; and that Baynam might then learn of the pope, what course he would advise the Catholicks in England to take for their own good: but wished Baynam in no case to use Garnet's name to the nuncio in that behalf.

Then were the two Witnesses called for; both of them persons of good estimation, that over-heard the interlocution betwixt Garnet and Hall the Jesuit, viz. Mr. Fauset a man learned and a justice of peace, and Mr. Lockerson. But Mr. Fauset being not present, was sent for to appear; and in the mean time Mr. Lockerson, who being deposed before Garnet, delivered upon his oath, that they heard Garnet say to Hall, They will charge me with my Prayer for the good success of the great action, in the beginning of the Parliament, and with the Verses which I added in the end of my Prayer:

• Gentem auferte perfidam
Credentium de finibus,

Ut Christo laudes debitas
• Persolvamus alacriter.'

It is true, indeed, said Garnet, that I prayed for the good success of that great action; but I will tell them, that I meant it in respect of some sharper laws, which I feared they would then make against Catholicks; and that answer, shall serve well enough.

that he was very much distempered, and could never sleep quietly afterwards, but sometimes prayed to God, that it should not take effect.

To that the earl of Salisbury replied, That he should do well to speak clearly of his devotion in that point; for otherwise he must put him in remembrance, that he had confessed to the lords, that he had offered sacrifice to God for stay of that plot, unless it were for the good of the Catholic cause; and in no other fashion (said his lordship) was this state beholden to you for your masses and oblations. Adding thus much farther, That he wondered why he would not write to his superior Aquaviva, as well of this particular Powder-Treason, as to procure prohibition for other smaller matters.

Garnet faintly answered, he might not disclose it to any, because it was inatter of secret confession, and would endanger the life of divers men.

Whereunto the earl of Northampton replied, That that matter of confession, which before he refused to confess, because he would save lives, he confessed it now to endanger his own life; and therefore his former answer was idle and frivolous.

Then Garnet told the lords, That he commanded Greenwell to dissuade Catesby, which he thought he did; and if Catesby had come to him upon Alhallow-day, he thought he could so far have ruled him, as he would have been persuaded to desist.

Then said the earl of Salisbury, Why did you refuse to hear Cate-by tell you all the particulars, when he would have told you, if you had been desirous to prevent it?

Garnet replied, That after Greenwell had told him what it was which Catesby intended, and that he called to mind what Catesby said to him, at his first breaking with him in general terms, his soul was so troubled with mislike of that particular, as he was loth to hear any

more of it.

Well then, said the earl of Salisbury, you see his heart; and then turning to the Lords Commissioners, he desired leave of them, that he might use some speech concerning the proceeding of the state in this great cause, from tl e first beginning until that hour; and so began to this effect: That although the evidence had

Here Garnet replied, that for the two gen-heen so well disuibuted and opened by Mr. tlemen that heard the Interlocution, he would | Attorney, as he had never heard such a mass not charge them with perjury, because he knew of matter better contracted, nor made more inthem to be honest men; yet he thought they telligible to the Jury, to whom it was not his did mistake some things, though in the sub- part to speak, nor his purpose to meddle with stantial parts, he confessed, he could not deny Mr. Garnet in divinity, or in the doctrine of their relation. And for the main Plot, he con-equivocation, in which latter he saw how he fessed, that he was therewithal acquainted by Greenwell particularly; and that Greenwell came perplexed unto him to open something, which Mr. Catesby with divers others intended: to whom he said, He was contented to hear by him what it was, so as he would not be acknown to Mr. Catesby, or to any other, that he was made privy to it. Whereupon father Greenwell told him the whole Plot, and all the particulars thereof, with which he protested

VOL. II.

had played his master-prize; yet because be had been particularly used in this service with other of the Lords Commissioners, by whom nothing was more desired, next the glory of God, than to demonstrate to the world, with what sincerity and moderation his majesty's justice was carried in all points, he would be bold to say somewhat of the manner of this arraignment, and of the place where it was appointed. For the first, he said, That seeing

R

[ocr errors]

Then speaking to Garnet, he said; I pray you, Mr. Garnet, what encouraged Catesby that he might proceed, but your resolving him in the first proposition? What warranted Fawkes, but Catesby's explication of Garnet's arguments? as appears infallibly by Winter's confession, and by Fawkes, that they knew the point had been resolved to Mr. Catesby, by the best authority.

Then Garnet answered, That Mr. Catesby was to blaine to make such application.

there was nothing to which this state might must have been discovered otherwise by viomore attribute the infinite goodness and bless-lence and coercion, a matter ordinary in other ings of God, than to the protection of the true kingdoms, though now forborn here: but it is religion, which had groaned so long under the better as it is, for the honour of the state, for bitter persecutions of men of his profession; so were your own words, that you thought it he confessed, that he held himself greatly ho- best to tell the truth at last, when you saw you noured, to be an assistant amongst so many were confounded tanta nube testium. In which great lords at the seat of justice, where God's I protest, that I do contidently assure myself, cause should receive so much honour, by dis- that you would as easily have confessed yourcrediting the person of Garnet, on whom the self to be the author of all the action, as the common adversary had thought to confer the concealer, but that his majesty and my lords usurpation of such an eminent jurisdiction: were well contented to draw all from you for otherwise, who did not know, that the qua- without racking, or any such bitter torments. lity of poor Henry Garnet might have undergone a more ordinary form of trial, and haply in some other place of less note and observation? And so his lordship took an occasion to declare, That the city of London was so dear to the king, and his majesty so desirous to give it all honour and comfort, as when this opportunity was put into his hands, whereby there might be made so visible an anatomy of popish doctrine, from whence these treasons have their source and support, he thought he could not chuse a fitter stage than the city of London, To that the Earl replied, That he must needs which was not only rightly termed, The be bold with him, to drive him from the trust Chamber of his Empire,' but was by his ma- he had, to satisfy the world by his denials, by jesty esteemed as his greatest and safest trea-putting him in mind, how after the interlocusury; who accounteth no riches comparable to his subjects hearts, and acknowledgeth that such a circuit did never contain so many faithful subjects within the walls: a matter well appearing to his own eyes amongst others, upon the decease of the late queen of precious memory, when be attending most of the peers and privy-counsellors of this kingdom, who were accompanied with no small number of noble and faithful gentlemen, had seen them all stayed from entry within the gates of this city, until they had publickly declared with one voice, To this Garnet answered, That when one is that they would live and die with the king our asked a question before a magistrate, he was sovereign lord. To you, therefore, Mr. Garnet, not bound to answer before some witnesses be (said the earl of Salisbury) must I address my-produced against him, Quia nemo tenetur self, as the man in whom it appeareth best what prodere seipsum.' Then Garnet falling into horrible treasons have been covered under the some professions of his well-wishing to his mamantle of religion, which heretofore had been|jesty, and being put in mind of the answer he petty treason for a Protestant to have affirmed. made concerning the excommunication of kings, Such hath been the iniquity of false tongues, wherein he referred himself to the canon of who have always sought to prove the truth a 'Nos Sanctorum,' be answered, that his malyar. Of which impudent calumnies the state jesty was not yet excommunicated. is so tender, as you do best know, Mr. Garnet, that since your apprehension, even till this day, you have been as christianly, as courteously, and as carefully used, as ever man could be, of any quality, or any profession: yea, it may truly be said, that you have been as well attended for health or otherwise, as a nursechild. Is it true or no, said the earl?

It is most true, my lord, said Garnet, I confess it.

Well then, said the earl, if your strange doctrine of Equivocation be observed, and your hardness of heart to deny all things; let it not be forgotten, that this interlocution of yours with Hall, over-beard by others, appears to be digitus Dei: for thereby had the lords some light, and proof of matter against you, which

tion betwixt him and Hall, when he was called before all the lords, and was asked, not what he said, but whether Hall and he had conference together, desiring him not to equivocate; how stiffly he denied it upon his soul, reiterating it with so many detestable execrations, as the earl said, it wounded their hearts to hear him; and yet as soon as Hall had confessed it, he grew ashamed, cried the Lord's mercy, and said, he had offended, if equivocation did not help him.

6

Then the earl of Salisbury bade him deal plainly, for now was the time, Whether in case the pope, per sententiam orthodoxum, should excommunicate the king's majesty of Great Britain, his subjects were bound to continue their obedience. To this Garnet denied to answer,

From that matter he began to make request, That where he had confessed the receiving of two briefs or bulls from the pope, in the queen's time, by which all Catholicks were forbidden to adhere to any successor that was not obedient to the church of Rome, his majesty would be pleased to make a favourable interpretation, because he had shewed them to very few Catholicks in England, in the queen's time; and when he understood that the pope had changed his mind, then he burnt the buils.

1

To that it was said, That belike the pope changed his mind, when the king was so safely possessed of his estate, and Garnet with his complices began to feel their own impiety, and so as Catesby said to Percy, did resolve roundly of that Treason, which would speed all at

once.

Then Garnet began to use some Speeches, that he was not consenting to the Powder-Treason. Whereupon the earl of Salisbury said, Mr. Garnet, give me but one argument that you were not consenting to it, that can hold in any indifferent man's ear or sense, besides your bare negative. But Garnet replied not.

Then Mr. Attorney-General spake in answer to Garnet more particularly, to this effect

1. For Equivocation, it is true indeed, that they do outwardly to the world condemn lying and perjury, because the contrary were too palpable, and would make them odious to all men: But it is open and broad lying and forswearing, not secret and close lying and perjury, or swearing a falshood, which is most abominable, and without defence or example. And if they allow it not generally in others, yet at least in themselves, their confederates and associates in treasonable practices they will both warrant and defend it, especially when it may serve their turn for such purposes and ends as they look after.

|

Treason by confession, it is true which before was spoken, that such acts as this is, Non laudantur nisi peracta, are then only commended, when they are performed: but otherwise, first, Greenwell's was no sacramental confession, for that the confitent was not penitent: nay, himself bath clearly delivered under his hand that the Powder-Treason was told him, not as a fault, but by way of consultation and advice. 2dly, It was a future thing to be done, and not already then executed. 3dly, Greenwell told it not of himself, that he should do it, but of Fawkes, Percy, Catesby, Winter, and others; and therefore he ought to have discovered them, for that they were no confitents. 4thly, He might and ought to have discovered the mischief, for preservation of the state, though he had concealed the persons. 5thly, Catesby told it unto him extra confessionem, out of confession; saying, they might as well turn him out, as have kept him out. Lastly, By the common law, howsoever it were (it being crimen lasa Majestatis) he ought to have disclosed it.

Now, for that Garnet denied that he was a principal author and procurer of this Treason, but only that he had received knowledge thereof; the coutrary is clear and manifest, both out of his own confessions, by himself acknowledged, and apparently proved, in that he resolved Catesby concerning the lawfulness and merit thereof, and that he prayed for the good success of the Powder-Treason, which is more than either consultation or consent. Besides, he must remember him of the old versicle, Qui non prohibet quod prohibere potest con

[ocr errors]

manded Greenwell, that told him of the Powder-Treason, to have desisted, but did not: But Greenwell went still on with the Treason, and when it was disclosed, went into the country to move rebellion, which doubtless he would never have done, if Garnet had forbidden him; therefore, he said, he might say with the orator Tully, Cui adsunt testimonia rerum, quid' opus, est verbis? Moreover, Mr. Attorney added, how Garnet writ first for Thomas Winter, then for Kit Wright, after that for Guy Fawkes, then for sir Edward Baynam, and afterwards for Catesby, for a regiment of horse; and that Garnet was for the Infanta, and by his briefs intended to keep out the king, except he should tolerate and swear to maintain the Romish religion.

2. Concerning the usurped power of the pope in deposing of princes; neither is it the general doctrine of the church, as he falsly said, neither allowed or tolerated by all princes, who are otherwise of their religion, as may appear out of the French discourse written to the French king against the re-admitting of the Jesuitical fac-sentire videtur.' Garnet might have comtion. And whereas he would pick-a-thanke in seeming to spare and exempt king James our sovereign, it is not possible to avoid their distinction of being excommunicated de jure if not de facto, howsoever it be true also, that the pope doth de facto curse all hereticks. For recusants not going to church, the example of the Catholicks not joining in service and prayer with the Arians, who denied a main article of the Christian creed, doth no ways hold, neither can it agree to us, of whom no such impious blasphemy can be shewed or imagined. That Garnet said, he knew some, who before the bull came, went not to church, it may be true perhaps in some one or two perverted and perverse men like himself; but whereas he produced the council of Trent, as if there the matter had been determined, and thereupon inferreth, that after that all Romish Catholicks refused to meet with us at Church in time of prayer, it is a gross error: for the last session of that council was in the year of our Lord 1563, which was in the fifth year of queen Elizabeth; whereas I shewed, and am able to justify and prove, That their Romish English Catholicks came to our service in our churches until the nineteenth year of her majesty, which was many years after that council was ended.

Concerning Garnet himself; 1st, For that answer of his, That he knew of the Powder

Then Mr. Attorney spake of the Interlocution betwixt Garnet and Hall, and said, That in all their speeches they never named God, nor confessed their innocency: But as soon as they spake together, Hall spake first; and then Garnet said he suspected one, whose name they that were set to overhear them, could not hear, to have disclosed something against them: But it may be otherwise, for he said he was much subject to that frailty of suspicion. He said he received a note from Rookwood, that Greenwell was gone over seas; and another, that Gerrard was gone to father Parsons, and

that mistress Ann was in town, meaning mistress Ann Fawkes, and many other things were by them uttered in that conference.

By this time came in Mr. Forset, who being deposed, affirmed likewise, that their Examination, and the matter therein contained, were true: saying further, that both of them took notes of that which they heard from Garnet and Hall, as near as possibly they could, and set down nothing in their Examinations, but those things, wherein both their notes and perfect memories agreed and assented; and that many things that were very material, and of great moment, were left out of their examinations, because both their notes and memories did not perfectly agree therein.

And now one of the Letters, which were written with sack, was shewed to the court; by which appeared that Hall and Garnet had interlocution together. Mr. Attorney here inferred that the necessary end of justice was ut pana ad paucos, metus ad omnes perveniat; and urged the Examination of Garnet, wherein he confessed that when Tesmond alias Greenwell, made relation to him of the great blow by the Powder-Treason, who should have the protection, Greenwell said, the lords that should be left alive should chuse a Protector. And further, Mr. Attorney urged the writing of another letter, written with sack, to Sayer alias Rookwood, a priest in the Gatehouse: But of this point much is formerly mentioned. Here Mr. Attorney ending, my lord of Northampton spake to the prisoner this Speech following:

ing to us that were in Commission; sometime by forswearing, as upon the Confession of Hall your fellow; sometime by dissembling, as about the places of your rendezvous, which was the Lapwing's Nest; sometime by earnest expostulation; sometime by artificial equivocation; sometime by sophisticating true substances; sometime by adding false qualities; yet sat superest, as may appear, to the defeat of your inventions, and the defence of the king's majesty, quia magna est veritas, et prævalet.

Your parts by nature simply considered and in another person, would rather move compassion, than exasperate humanity; for whom would not the ruin of such a person touch, as is in appearance temperate, and in understanding ripe? But our end at this time is the same with Decius in Livy, ut quem vos obrutum reliquistis ignem, &c. that we may quench that fire by prevention, which you have only raked up in ashes; ut novum daret incendium, that it might cause a new combustion so soon as it might hit upon matter that were fit and suitable. Wherefore I must rather draw your answers to the true touch for discharge of rumors, than verberare äerem, beat the air: For the substance of all your evasions and sly shifts, is as the inn-keeper of Chalcus confessed of his dishes to his guests, admiring tantam ferculo rum diversitatem, that they were only compounded of pork, howsoever your fine cookery may vary them.

The two Bulls that in the late queen's time entered the land (with a purpose by their loud lowing to call all their calves together, for the making of a strong party, at the shutting up of the evening, against your dread sovereign) were grazed in your pastures, Mr. Garnet; or to speak more properly (because they durst neither endure the light, nor admit the air) they were stall-fed at your crib, as yourself confess; and therefore serve nequam, ex ore tuo te judico. And what answer make you to this? Marry, that the purpose was imparted to very few; so much the worse: For out of pub

Earl of Northampton. Though no man alive can be less apt or willing than myself, to add the least grain or scruple of improvement to the weight of any man's calamity, that groans under the heavy burden of a distressed state, Vel gravatis addere gravamina, whereof I have as many witnesses as the world hath eyes; yet as the case stands now in this Trial, Mr. Garnet, between my dear sovereign, ex cujus spiritu, as one said of Alexander, nos omnes spiritum ducimus; and you that were so well content, to let the course of conspiracy run for-lication grows discovery; and yet experience ward to the stopping of this breath before the time, which God by nature doth prescribe, between his honour and your error, his just proceedings and your painted shews, bis sincerity and your hypocrisy; I could wish it possible that in any person of some other quality, you might hear the echoes of your unperfect and weak answers, and thereupon judge more indifferently and evenly of the true state of the cause than you have done hitherto; being distracted with fear, or forestalled by prejudice, ôr, to borrow your own phrase, which is more proper to the point than any I can use, oppressed tanta nube testium, with so thick a cloud of witnesses, as concur with one voice, heart, and spirit, for the confusion of your audacity.

I confess that never any man in your state gave less hold or advantage to examiners, than you have done in the whole course of proceed

hath justified, that those very few were the very souls and spirits of that pack of conspirators, and such as for want of patience and temperance to tarry the time, when the game had been brought to bearing, should have played the chiefest parts in the late smoaking tragedy. You say the Bulls were after sacrificed in the fire by yourself: But not before the king's good angel had cut their throats, and the best part of their proof were past, and your hopes dead of that good which in likelihood they should have brought with them. For to what use could these dumb beasts serve, in seeking to prevent that lawful and undoubted right, which heaven had now proclaimed, and earth acknowledged? But let the proof be what it will, I look into the root. I wonder, Mr. Garnet, what apostle warrants you in undertaking wicked Plots, in hope that good may follow; neglecting what all laws, and the laws of Eng

land above all, what all states and nations conclude of men, that slily practise and combine for anticipation of the future rights of lawful

successors.

In excuse of Letters written with your own hand by Thomas Winter to father Creswell, when he was employed about the procurement of an army to invade with supplies of treasure proportionable for the quicker execution of so desperate an enterprize; you answer, that the persons were commended in your letters, not the plot: spectatum admissi, risum teneatis, amici? as though the minister had any other errand or instruction, than the main plot itself: as though you, Mr. Garnet, being then Magister in Israel and Rector Chori, could or would be ignorant of their prefixed end; as though so grave a person as yourself, were likely to set his hand to blanks like a baby, and to leave the rest to the disposition of a man wholly transported with fiery humours: Or, as though in this very point other men's confessions in particular, besides your own in generality, had not left us marks and traces evident and plain enough to descry doubleness with diversity. You confess privity to a practice, but not for an army; foreknowledge of a course for getting treasure, but with a purpose, as you conceived, to employ it wholly for the relief of catholicks. So as the reason of the reservedness of Catesby, Winter, and the rest toward you, must be undoubtedly their suspicion of your over great affection and duty to the queen: For otherwise it is certain they would have trusted you as well with their intention, as with their means; with their hopes, as with their instruments; especially considering how hard it was for them to compass their own vast desires, without help both of your credit, and of your industry.

| having been once washed and regenerated in the fountain of the king's free pardon, from the leprous spots of former treasons, were determined to begin upon another stock, and return as a dog to the vomit: though washing can avail no man (as the preacher warns) that iterum tangit mortuum, toucheth the dead the second or third time after he hath been made clean; for secretly Catesby resorts to you, as Mahomet might to Sergius, for now I speak according to the matter, and not the men, to enquire whether it were lawful, considering the necessity of the time, to undertake an enterprize for the advancement of the Catholic religion, though it were likely that among many that were nocent, some should perish that were innocent. A man that is religious in any kind, or but inorally honest in his own kind, would expect that a priest, a Jesuit, (which title doth imply salvation, and not destruction; nay the Superior of English Jesuits) upon this rash demand, should have resorted for a safe resolution to God's own book; where he should have found that God was pleased to withdraw his wrathful hand from Sodom, so as there had been only decem justi, ten just men within that town, and for their sakes; that the wise householder in St. Matthew, marking how hard it would be before the corn was ripe to make separation, gave order to his servants to abstain from plucking up the tares, ne simul eradicarent triticum, lest withal they plucked up the wheat by the roots. Ye should have found in the stories of the church, that the godly bishops in the first spring of religion, suspended process against the Priscillian heretics, ne Catholici cum illis perirent, lest the Catholics might also perish with them. And the church of Milan taxed Theodosius the emperor, quod insontes una cum sontibus trucidasset, that he had procceded both against the guilty and the guiltless with one stroke, and in one measure of severity. But far beside the warrant either of holy writ, or holy precedents, your answer, Mr. Garnet, was such, as I both abhor to think, and quake to utter; that if any great advantage were to grow to the church this way, they might destroy them all.

Wright was in like manner, and with like expedition, commended by you afterward for the quickening of Winter's project, if any life were in it, upon the slacking of the passions of Spain, with the propositions of peace, that no time might be lost, no stone left unremoved that might give a knock to the peace of our policy; your head wrought upon all offers, your head walked in all regions, your spirit steered all attempts and undertakings: and yet if protestations, qualified and protected by equivocations, may carry weight, all this while your mind was, as good pastors ought to be, patient, your thoughts were obedient, and your counsels innocent. But now to search your cunning somewhat nearer to the quick, we must observe, that when your hopes of invasion began to cool by likelihood of peace, your desires of supplies by the cold answers that came from Spain, your expectation of new mischief, to be wrought at home without complots abroad; when malice itself was cast into so desperate a swoon, as neither Rosasolis when Spain relented, nor Iscobab when Tyrone submitted, nor dissension within the kingdom when discontentments ended, could put it by any fresh adventure into life; when you for your own part, Mr. Garnet,

Tantæne animis cœlestibas iræ ? O Mr. Garnet, be not offended though I ask of you, as a worthy emperor did once of a traitor in a case by many degrees inferior to this, Quid facit in pectore humano lupi feritas, canis rabies, serpentis venenum? But that which ought most to torture and afflict the spirit (if you be the child of him whose name and badge you bear) is, that your doctrine was confidently delivered, and so speedily digested, and converted to nutriment from such a mouth as yours, considering that (according to the prophet) knowledge should depend upon the lips of a priest, as Rookwood, Bates, and others, that did shrink at the horror of the project when it was first laid down, received satisfaction upon the very sound of your assent, though masked with the title of a man, as grave and learned as any in the land. And Catesby doubting of the fickleness of men's affections, in cases that concern the soul, used

« VorigeDoorgaan »