all princes in his hands, to put in his majesty's heart, to make such a conclusion of this tragedy to the traitors, but tragi-comedy to the king, and all his true subjects, as, thereby, the glory of God, and his true religion, may be advanced; the future security of the king, and his estate, procured and provided for; all hollow and dishonest hearts discovered and prevented; and this horrible attempt, lacking due epithets, to be so justly avenged; that whereas they thought, by one Catolick indeed, and universal blow, to accomplish the wish of that Roman tyrant, who wished all the bodies, in Rome, to have but one neck, and so, by the violent force of powder, to break up, as with a petard, our triple-locked peaceful gates of Janus, which, God be thanked, they could not compass by any other means; they may justly be so recompensed, for their truly viperous intended parricide, as the shame and infamy that, other wise, would light upon this whole nation, for 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 Volume 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 natter to speak of, but only that, being a villain, and hoping for advancement by the same, he 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, yet 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

forced himself to speak, as stoutly as he could, his speech was not long, and to little good purpose, only, that his belied conscience, being, but indeed, a blinded conceit, bad led him into this offence, which, in respect of his religion, alias, indeed idolatry, he held no offence, but, in respect of the law, he held an offence, for which, he asked forgiveness of God, of the king, and the whole kingdom; and so, with vain and superstitious crossing of himself, betook him to his Latin prayers, mumbling to himself, refusing to have any prayers of any, but of the Romish Catholicks; went up the ladder, and with the help of the hangman, made an end of his wicked days in this world.

After him went Winter up to the scaffold, where he used few words to any effect, without asking mercy of either God, or the king, for his offence; went up the ladder, and, making a few prayers to himself, staid not long for his execution.

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, not 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 time, 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 mar 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 bangman, 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."

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 secretum, quod non revelabitur et in palain veniet:' There is nothing lid 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 damuable, 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, were sworn at the bar for the trial of him*.

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 6 testimonia reruin,' and 'loquentia signa,' WitDesses 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 contradiction.

Attorney General. (Sir Ed. Coke.) Your lordships may perceive by the parts of the Indictment 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 justifiable

* See 3 Co. Inst. 27,

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 assembly, 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 spread abroad for this man, and another general for all Jesuits and priests, together with 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 enlightened and cleared, that so being by demonstrative and luculent proofs convinced, they may be to their prince and country truly converted. First therefore concerning the delay, (though it be true, Quod flagellatur in corde, qui lauda

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