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block was drawn, and there quickly dis After him came Keyes, who like a desperate patched.

villain, using little speech, with small or no Next him came Rockwood, who made 'a shew of repentance, went stoutly up the ladspeech of some longer tine, confessing his der; where, not staying the bangman's turn, otience to God, in seeking to shed blood, he turned himself off with such a leap, that and asking therefore mercy of his Divine ma with the swing he brake the halter, but, after jesty; bis offence to the king, of whose ina his fall, was quickly drawn to the block, and jesty he likewise humbly asked forgiveness, there was quickly divided into four parts. his offence to the whole state, of whom in Last of all came the great devil of all, general he asked forgiveness ; beseeching God Fawkes, alias Johnson, who should bave put to bless the king, the queen, and all his fire to the powder. His body being weak with royal progeny, and that they might long live to torture and sickness, he was scarce able to go reign in peace and happiness over this king. up the ladder, but yet with much ado, by the dom. But last of all, to mar all the pottage help of the hangman, went high enough to with one filthy weed, to niar this good prayer

break his neck with the fall: who made no with an ill conclusion, he prayed God to make long speech, but, after a sort, seeming to the king a catholick, otherwise a papist, which be sorry for his offence, asked a kind of forGod for his mercy ever forhid; and so, be giveness of the king and the statc for his bloody seeching the king to be good to his wife and intent; and, with his crosses and his idle cechildren, protesting to die in his idolatry, a remonies, made his end upon the gallows Romish Catholick, he went up the ladder, and, and the block, to the great joy of the behanging till he was almost dead, was drawn to holders, that the land was ended of so wicked the block, where he gave his last gasp.

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81. The Trial of Henry Garner, Superior of the Jesuits in Eng

land, 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 Leo-, Wise Wally, otherwise Darcy, otherwise Roberts, nard Holyday, Lord Mayor; the earls of Not- otherwise Farmer, otherwise Philips, (tor by alí tingham, Sutfolk, Worcester, Northampton, and those names he called himself) stood indicted Salisbury; L. C. Justice of England, sir John of the most barbarous and damnable treasons, Popham; the L. C. Baron of the Exchequer; tbe like whereof was never heard of: That he sir Christopher Yelverton, kt. one of his ma was a man' multorum nominum,' but not ‘boni jesty's Justices of the King's-Bench.

nominis ;' of many names, as appeared by the The substance and effect of the Indictment indictment, but of no good name; adorned by of Henry Garnet, superior of the Jesuits in God and nature, with many gifts and graces, if England, appeareth before in the Relation of the grace of God had been joined with them : the foriner Arraignment, and therefore un but that wanting, quanto ornatior' in other necessary to be repeated again; 13 Co. Inst. gifts tanto nequior'. - That this Garnet (his 27.] which Indictment was summarily and ef- inajesty summoning his parliament to be holden fectually repeated by sir John Croke kt. his at Westminster the 19th of March, in the first majesty's Serjeant ai law, in this manner : year of his reign, and by divers prorogations

Sir John Croke. This person and prisoner continuing it till the third of October last) here at the bar, this place, and this present together with Catesby lately slain in open reoccasion and action, do prove that true, which bellion, and with Oswald Tesmond a Jesuit, the Author of all Truth hath told us; That otherwise Oswald Greenwell, as a false traitor

nihil est occultum, quod non manifestabitur; against the most mighty and inost renowned . et nibil est secretum, quod non revelabitur et king our sovereign lord king James; the oth

in palam veniet :' There is nothing hid that of June last, traitorously did conspire and comshall not be made manifest, there is nothing pass: To depose the king, and to deprive him secret tuat shall not be revealed and come in of his Goreininent : To destroy and kill the publick. And that God by whom kings do king, and the noble prince Ilenry his eldest reign, Consilium pravorum dissipat,' doth son : such a hing, and such a prince, such a son scatter and bring to nought the counsel of of such a father, whose virtues are rather with the wicked.---That he spake with tear and tiemb-amazed silence to be wondered at, than able ling, and with horror and amazedoess, against by any speech to be expressed : To stir sedition ihat rotten root of that hideous and hateful and slaughter throughout the kingdom: To tree of treason, and of that detestable and un. subvert the true religion of God, and whole heard of wickedness, he did crave pardon for government of the kingdom : To overthrow the it; afirming that no Nesly could mention it whole state of the commonwealth. The manwithout astonishinent.--He shiewed that Henry ner how to perform these horrible Treasons, Garnct, of the profession of the Jesuits, other the Serjeant said · Horreo dicere,' his lips did

tremble to speak it, but his heart praised God to repeat in this case ; for that in respect of for his mighty deliverance. The practice so the confluence and access of people at the inhuman, so barbarous, so damnable, so de former arraignment, many could not hear ac testable, as the like was never read nor heard that ligle: and yet, because I fear it would be of, or ever entered into the heart of the most tedious for the most of all my lords commiswicked man to imagine. And bere he said, he sioners, and of this honourable and great assem. could not but mention that religious observation bly, were present at the arraignment, and for so religiously observed by his religions majesty, that I am now to deal with a man of another wishing it were engraven in letters of gold, in quality, I will only touch, and that very little, the hearts of all his people; the more hellish of the former discourse or evidence; and that the imagination, the more divine the preserva- liitle also shall be mingled with such new maltion. This Garnet, together with Catesby and ter, as shall be worth the hearing, as being inTesmond, had speech and conference together deed of weight and moment: and all this with of these Treasons, and concluded most traitor very great brevity. ously and devilishly: That Catesby, Winter, Bui before I further proceed to the opening Fawkes, with many other traitors lately arraign- of this so great a cause, I hold it fit and neces. ed of high-treason, would blow up with gun- sary to give satisfaction to two divers and adpowder in the parliament-house, tbe king, the verse sorts of men, who, according to the dirers prince, the lords spiritual and temporal, the affections of their hearts, have divined and conjudges of the realm, the knights, citizens and jectured diversly of the cause of the procrastiburgesses, and inany other subjects and servants nation and delay of proceeding, especially of the king assembled in parliament, at one against this person: the matter wherewith he blow, traitorously and devilishly to destroy stands charged being so transcendent and exthem all and piecemeal to tear them in asun orbitant as it is. The first sort of these, out der, without respect of majesty, dignity, and of their hearty love and loyalty to their natural degree, age or place.- And for ihat purpose, a liege lord and king, and to their dear country and great quantity of gunpowder was traitorously this state, have feared the issue of this delay, and secretly placed and bid by these Conspira- lest that others might be animated by such tors under the Parliament-House.

protraction of judgment, to perpetrate the This being the Substance and the Effect of like: for they say, and it is most true, . Quia the Indictment, Garnet did plead Not Guilty non profertur cito contra malos sententia, absto it; and a very discreet and substantial Jury, que timore ullo filii hominum perpetrant mala;". with allowance of challenges unto the prisoner, Because speedy justice is not executed against were sworn at the bar for the trial of him*. wicked men, the people without all fear com

To whom the Serjeant shewed that they mit wickedness. And pity it were that these should have Evidences to prove him Guilty, good men should not be satisfy'd. The other that should be luci clariores,' that every man sort are of those, who in respect no greater exmight read them running. They should have pedition hath been used against this prisoner at

testimonia rerum,' and • loquentia signa,' Win the bar, fall to excusing of him, as gathering nesses and Testimonies of the things them- these presumptions and conjectures : first, that selves. Reum confitentem,' or rather reos con if he, or any of the Jesuits, had indeed been I frentes, accusantes invicem.' That every one justly to be touched with this most damnable may say unto hiin,'serva nequam,' thou wicked and damned treason, surely they should have subject, thou wicked servant,

been brought forth and try'd before this time. judico', of thine own mouth I judge thee, of Secondly, That there was a bill exhibited in chine own mouth I condemn thee. And this parliament concerning this treason, and this shall be made so manitest by him that best can traitor, buị that it was deferred and proceeded do it, as shall stop the mouth of all contradic- not, for want of just and sufficient proofs. tion.

Nay, Thirdly, There was a particular apology Attorney General. (Sir Ed. Coke.) Your spread abroad for this man, and another genelordships inay perceive by the parts of the In- ral for all Jesuits and priests, together with dicement which have been succinctly opened, this imputation, That king-killing and queenthat this is but a latter act of that heavy killing was not indeed a doctrine of theirs, but and wotul tragedy, which is commonly called only a fiction and policy of our state, thereby to the Powder-Treason; wherein some have al- make the popish religion to be despised and in ready played their parts, and according to disgrace. their demerits suffered condiyn punishment Now for these men, pity it were that the eye and pains of death, We are now to pro- of their understanding should not be enlighceed against ibis prisoner for the same trea tened and cleared, that so being by demonstrason; in which respect the necessary repe- tive and luculent proofs convinced, they may tition of some things before spoken, shall at be to their prince and country truly converted. the least seem tolerable: for that Junquam First therefore concerning the delay, (though it • nimis dicitur, quod nunquam satis dicitur ;' It be true, ' Quod Hazekat r in corde, qui laudais never said too often, that can never be said tur in ore') yet must) remember the great enough. Nay, it may be thought justifiable pains of my lurds the con nissioners of his ma

jesty's privy council in this cause: for Garnet * See 3 Co, Inst. 97.

being first exainined upon the 13th of the last

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month, bath sithence been again examined more than the actor or executer:' as may apand interrogated above twenty several times, year by God's own Judgment given against the which dusted to the 26th of March, within two first sio in Paradise, where the serpent had days of this arraignment. Touching the bill in three punishmeuts inflicted upon him, as the parliament, it was indeed, exhibited before original plotter ; the woman two, being as the Garnet was apprehended; but his majesty's mediate procurer; and Adam but one, as the gracious pleasure was, that albeit this treason | party seduced.-Circumstances precedent and be without all precedent and example, yet they subsequent so termed here, are indeed in their should quietly and equally be indicied, arraign-proper natures all High-Treasons; bot yet in ed, publickiy heard, and proceeded withal in a respect of the magnitude, nay monstrousness moderate, ordinary, and just course of law. of this treason, may comparatively, without Concerning their apologies, and the fictions of any discountenance to them in this case, be state (as they terin them), answer shall be used as circumstances. And because I am to made, by God's grace, in the proper place, deal with the superior of the Jesuits, I will only when I come to lay open the plots and prac-touch such treasons, as bave been plotted and tices of the Jesuits, to the satisfaction of all wrought by the Jesuits, of whom this man was this honourable and great assembly. But first superior; and those treasons also sithence this I have an humble petition to present to your Garnet his coming into England; whereof he lordships, and the rest of this grave auditory may truly say, ' Et quorum pars magna fui.' for myself, in respect that I am necessarily to The coming of this Garnet into England name great princes, yet with protestation and (which very act was a treason) was about 20 caution, that no blot is intended to be laid years past, viz. in July 1586, in the 28th year upon any of them. I know there is · Lex in of the reign of the late queen, of famous and

sermone tenenda,' A law and rule to be ob- blessed memory: whereas the year before, served in speaking, especially in this kind ; and namely the 27th year of Elizabetli, there was a that kings and great princes and the mighty statute made, whereby it was treason, for any, men of this earth are to be reverently and re who was made a Romish Priest by any authospectfully dealt withal : and therefore I humbly rity from the See of Rome, sithence the first recommeod unto you these considerations, con year of her reign, to come into her dominions : cerning this point of mentioning foreign states. which statute the Romanists calumniate as a 1st, That the kingdoms were at those times in bloody, cruel, unjust and a new upstart law, open enmity and hostility, and that might be and abuse that place of our Saviour, * 0 Jeruhonourable at one time which was not so at *salem, Jerusalem, thou that killest the Proanother; so that hostile actions were then jus phets, and stonest them that are sent unto tifiable and honourable, as being in times of thee, &c.' Mat. xxiii. 37. to that purpose: but hostility and war. 2d!y, In these things it is indeed it is both mild, mercitul and just, and not the king's attorney that spenks, but Garnet grounded upon the antient fundamental laws of the Jesuit: as also that it proceedeth from an England. For (as bath already in the former inevitable necessity; for that the examinations Arraignments been touched) before the bull of as well of this, as of the rest of the traitors, Impius Pius Quintus, in the 11th year of the cannot otherwise be opened and urged against queen, wherein her majesty was excommunithem: so is the mention of great men, by the cated and deposed, and all they accursed who impudency of these wicked . traitors, woren should yield any obedience unto her, &c. there into their confessions, as they cannot be se were no recusants in England, all came to vered.--And with this comfort I conclude the church (howsoever popishly inclined, or perPreface, That I hope in God this day's work, suaded in most points) to the same divine serin the judgment of so many as shall be atten- | vice we now use, but thereupon presently they tive and well disposed, shall tend to the glory refused to assemble in our churches, or join of Alinighty God, the honour of our religion, with us in publick service, not for conscience the salety of bis most excellent majesty and of any thing there done, against which they his royal issue, and the security of ihe whole might justly except out of the Word of God, commonwealth.

but because the pope had excommunicated and For Memory and method, all that I shall deposed her majesty,and cursed those whoshould speak may be contracted to two general heads. obey her : and so upon this Bull ensued open 1. I will consider the Offences, together with rebellion in the north, and many garboils. But certain circumstances, precedent before the see the event : How most miserable, in respect Offence, concurrent with the Offence, subse- of this Bull, was the state of Komish recusants ; quent after the Offence. 2. I will lay down for either they must be banged for treason, in some Observations concerning the same.--For resisting their lawful sovereign, or cursed for the proper name of this Oilence, because Iyielding due obedience unto her majesty. And must speak of several Treasons for distinction iherefore of this pope it was said by some of and separation of this from the other, I will his own favourites, that he was · Homo pius et name it the Jesuits Treason, as belonging to • doctus, sed nimis credulus ;' a holy and a them both ex congruo et condigno;' they were learned man, but over credulous ; for that he the proprietaries, plotters and procurers of it: was informed and believed that the strength of and in such crinies plus peccat author, quam the Catholicks in England was such, as was able actor;' the author, or procurer, offendeth to bave resisted the queon. But when the Bull

was found to take suck an effect, then was inventions of man ; yet ever had God bis true there a dispensation given, both by Pius Quin- church, holding his truth, which hati been by tus himselt, and Gregory the 13th, That all Ca- skilful workmen, with the louchstone of the tholicks here might shew cheir outward obedi- Word of God, refined and separate from the ence to the queen, ' ad redimendam vexatio- dross of man's inventions. "nem, et ad ostendendam externam obedien But to proceed: in the 28th year of queen

tiam;' but with these Cautions and Limita- Elizabeth, being the year 1586, in June, came tions : 1. Rebus sic stantibus,' Thinys so G& het into England, breaking through the standing as they did. 2. Donec publica bullæ | wall of treason; being in truth, lotus compositus • executio fieri posset ;' that is to say, They er proditione : and this was at that time when inight grow into strength, until they were able the great Armada of Spain, which the pope to give the queen a mate, that the publick ex blessed, and christened by the name of The ecution of the said Bull inight take place. And Invincible Navy,' was by the instigation of that all this was confessed by Garnet under his own luigh-priest of Rome, preparing and collecting hand, and now again openly confessed at together of many parcels, out of divers parts, the bar.

where they could be bought, or bired, or borIn the 20th year of queen Elizabeth, caine rowed; and therefore may be called a comCampion* the Jesuit and many others of his pounded navy, having in it 158 great ships. profession with him, purposely to make a The purveyors and fore-runners of this nary Party in England for the Catholick cause, to and invasion, were the Jesuits; and Garnet the end that the Bull of Pius Quintus might be among them being a traitor, even in his very put in execution. And though all this while entrance and footing in the land. Bint the recusancy, being grounded upon such a disloyal queen with her own ships, and her own subcause, were a very dangerous and disloyal jects, did beat this Armada, God himself thing; yet was there no law made in that | (whose cause indeed it was) fighting for us behalf until the 23rd year of her majesty's against them, by fire, and seas, and winds, and reign ; and that also imposing only a mulct or rocks and tempests, scattering all and destroypenalty upon it, until conformity were offered ing most of them : for offenso creatore, otienand shewed. Anno 26 Eliz, came Parryt with . ditur omnis creatura,' The Creator being a resolucion from Cardinal de Como, and offended, every creature is readily armned tu others, that it was lawful to kill her majesty, as revenge bis quarrel : In which respect he is being excommunicated and deposed. Where called the Lord of Hosts. So that of 158, upon her majesty entering into consultation scarce 40 of their ships returned to the bar of how (together wiih her safety, and the protec- their own haven ; and as it is reported, rost tion of her subjects) she night avoid the immi- of them also perished : insomuch, that in this nent dangers, and yet draw no blood from respect, we may say of queen Elizabeth, as the these Priests and Jesuits, found out this mode- poet writeth of the Christian emperore. rate and mild course as the best means, to pro

O nimium dilecta Deo, cui inilitat ærher, bibit their coming at all into her land; there · Et conjurati veniunt ad classica venti.' never being any king who would endure, or Observe here, that about the time of this not execute any such persons, within their do- invasion, there being in Spain met in consulminions, as should deny him to be lawful kiny, tation about that business, the Cardinal of ou go about to withdraw bis subjects from their | Austria, the duke of Medina, count Fuentes, allegiance, or incite them to resist or rebel two Irish bishops, with sundry military mell, against him. Nay, the bringing in of a Bull by and amongst other Winslade, an Englishman; a subject of this realm against another, in the the Irish bishops perceiving that they expected time of Edward 1. was adjudged Treason. But a party of Catholicks in England, resolved that by the way, for that Garnet had exclaimed, true it was, that it was not possible to do any saying, Shew us where was your church before good here in England, unless there were a party Luther, design the place, name the persons, of Catholicks made before-hand. But such, and so forth; it is answered by a comparison said they, was the policy of England, as that of a wedge of pure gold, which coming into the could never be effected: for if any suspicion or hands of impostors, is by their sophistications fear arose, the Catholicks should quickly be and mixtures, for gain and worldly respects, either shut up, or quite cut off. Oh, saith an increased and augmented into a huge body and old soldier there present, ' Hoc facit pro nobis,' mass, and retaining still an outward fair shew That makes for us ; for by that means their and tincture of gold. Where is now the pure souls shall go to heaven for their religion, their gold, saith one, shew me the place ? I answer, bodies to the earth for their treasons, and in that mass; but for the extracting thereof, their lands and goods to us as conquerors: this and purifying it from dross, that inust be was indeed that they principally aimed ai.done by the art of the workman, and the trial Note here, that sithence the Jesuits set foot in of the touchstone. So the true religion and this lanr, there never passed four years withservice of Almighty God, being for human res out a most pestilent and pernicious treason, pects and worldly pomp, mixed and overladen tending to the subversion of the whole state. with a number of superstitious ceremonies and After that hostile Invasion in 88, the Jesuits

fell again to secret and treasonable practices : * See vol. 1. p. 1019. + Ibid. 1095. for in the year 92, came Patrick Cullen, who

was incited by sir William Stanley, Hugh the queen of England should happen to die, he Owen, Jaques Fraunces, and Holt the Jesuit, Inight receive present and certain advertisement and resolved by the said Holt to kill the queen; thereof.–Now this Treason was accompanied to which purpose he received absolution, and with the Pope's own writing: for now doth the then the sacrament, at the hands of the said holy father 'cause to be sent hither to Garnet Jesuit, together with this ghostly counsel, that it two Briefs or Bulls, one to the clergy, and anowas both lawful and meritorious to kill her. ther to the laity; wherein observe the Title, the Nay, said: Jaques, that base laundress's son, Macter, the Time. The Title of the one was, (who was a continued practiser both with this Dilectis Filiis, Principibus, et Nobilibus CaCullen and others, to destroy her majesty) the tholicis Anglicanis

, Salutem et Apostolicam state of England is and will be so seuled, tbat • Benedictionem:' that is, To our beloved Sons unless mistress Elizabeth be suddenly taken the Nobles and Gentlemen of England, which away, all the devils in Hell will not be able to are Catholics, Greeting and Apostolical Beneprevail against it, or shake it.

diction. The Title of the other was, Dilectis Now Cullen's Treason was accompanyed Filiis, Archipresbytero, et reliquo Clero Anwith a Book called • Philopater,' written forglicano, &c. To our beloved Sons, the Archthe abetting and warranting of such a devilish priest, and the rest of the Catholic Clergy. act in general, by Cresswell the legier Jesuit in The Matter was, that after the death of her maSpain, under the name of Philopater.

jesty, whether by course of nature, or otherAnno 94, came Williams and Yorke to the wise, whosoever should lay claim or title to the same end, viz, to kill the queen; being wrought crown of England, though never so directly and to undertake so vile and detestable a fact by nearly interested therein by descent and blood father Holt the Jesuit, and other his complices : royal; yet unless he were such an one as would and thereupon the said Williams and Yorke in not only tolerate the Catholic (Romish) relithe Jesuits college received the Sacrament toge- gion, but by all bis best endeavours and force ther of father llolt, and other Jesuits, to exe- promote it, and according to the ancient cuscute the same. And that treason likewise was tom would, by a solemn and sacred oath reliaccompanyed with a book written by the legier giously promise and undertake to perform the Jesuit and rector of Rome, Parsons, under the same, they should admit or receive none to be naine of Doleman, concerning titles, or rather king of England: his words are these,‘ Quantittles; a leud and a lying book, full of fals tumcunque propinquitate sanguinis niterentur, hood, forgery, and malediction.

nisi ejusmodi essent qui fidem Catholicama Anno 97, came Squire from Spain, to poi- non modo tolerarent, sed omni ope ac studio. son ber majesty, incited, directed, and war promoverent, et more majorum jurejurando ranted by Walpole a Jesuit, then residing there; - se id præstituros susciperent, &c. at whose hands likewise, after absolution, he As for king James (at whoin the pope aimed) received the Sacrament, as well to put the he hath indeed both propinquitatem and antipractice in execution, as to keep it secret. All quitatem regalis sanguinis, propinquity avd ana ihese treasons were freely and voluntarily con- tiquity of blood royal, for luis just claim and fessed by the parties themselves under their title to this crown, both before and since the own hands, and yet remain extant to be seen. conquest. To insist upon the declaration and

In the year 1601, when practices failed, then deduction of this point, and pass along through was foreign force again attempted; for then, the series and course of so many ages and cen. as in the former Arraignment hath been de- turies, as it would be over long for this place, clared, was Thomas Winter employed to the so further I might herein seem as it were to king of Spain, together with Tesmond the Je- gild gold: Only in a word, his majesty is lineally suit, by this Garnet, who wrote bis letters to descended from Margaret the saint, daughter of Arthur, alias Joseph Creswell, the only man Edward, son of king Edmund, grandchild of whom I have heard of, to change his Christian great Edgar, the Britain monarch. Which name, the legier Jesuit in Spain, for the further- Margaret, sole heir of the English-Saxon king, ance of that negotiation; which was, as bath was married to Malcolme king of Scotland; been said, to offer the services of the English who by her had issue David the holy their kiog, Catbolics to the king, and to deal further, con from whom that race royal at this day is deduced; cerning an invasion, with promise from the Ca- and Maud the good, wife of the first and learntholics here of forces, both of men and horses, ed Henry king of England, from whom his mato be in readiness to join with him. This ne- jesty directly and lineally proceedetli, and of gotiation, by the means of Creswell, to whom whom a poet of that time wrote: Garnet wrote, took such effect, that the two • Nec decor effecit fragilem, non sceptra sukingdoms standing them in hostility, the propo perbam, sition of the English Romish Catholics was ac. Sola potens humilis, sola pudica decens.' cepted and entertained; an army to invade, as And lastly, his majesty cometh of Margaret also hath been specified in the former Arraignment, the eldest daughter of Henry 7. who was depromised, and 100,000 crowns to be distributed scended of that famous union of those two fair amongst Romanists and discontented persons, roses, the white and the red, York and Lancasmaking of a party in England, and for the fur- ter; the effecting of which union cost the effutherance of the said service, granted. the sion of much English blood, over and besides mean time the king earnestly desired, That if fourscore or thereabouts of the blood royal,

VOL. II.

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