Part 4 (2/2)

It is remarked by Sir Edward c.o.ke, in the address to the jury, that during the year and four months since James's accession, no penalty had been inflicted on any recusant. The conspirators could not, therefore, allege that they were driven to such a desperate course, by the harsh treatment which they had received. The plea of religion was, however, urged by these men: and that plea was especially grounded on the laws which had been enacted in the late reign against recusants. They appeared to exult in the fact, that the place in which the unjust laws, as they termed them, had been framed, would be the scene of vengeance.

When the attorney-general had finished his address to the jury, the confessions of the conspirators were read, and acknowledged by the parties. It was proved on the trial that Hammond, a jesuit, after the discovery of the treason, actually gave the conspirators absolution on Thursday, November the 7th. This act is conclusive as to the part taken by the jesuits in the plot.

A verdict of _guilty_ was returned against the whole number who were arraigned at the bar. They were asked in the usual form why sentence of death should not be p.r.o.nounced. Thomas Winter merely desired that his brother might be spared, because he was implicated in the treason by his persuasion. Fawkes objected to certain parts of the indictment, of which he said he was ignorant; when he was told that they were inserted as a matter of form. Bates supplicated for mercy, and did not deny his guilt.

Robert Winter pursued the same course. Grant, after remaining silent some time, confessed that he was guilty of a conspiracy intended, but never executed. Rookwood at first attempted to justify himself, but at last acknowledged his offence, admitting that he justly deserved to undergo the penalty of the law; still he supplicated for mercy on the ground that he was neither the author of the plot nor an actor in it, but merely drawn into it by his affection for Catesby.

At this stage of the business a circ.u.mstance was mentioned to the court which had transpired in the prison. On Friday before the trial commenced Robert Winter and Fawkes were permitted to converse together in their cells. The former said that he and Catesby had sons, and that boys would be men, and he hoped that they would avenge the cause. They also expressed their sorrow that no one had set forth a defence or justification of the plot.

Sentence was not immediately p.r.o.nounced; but Sir Everard Digby, who had been some time in custody, was arraigned at the bar on a separate indictment. He was charged with being privy to the plot,-with having taken the oath of secresy,-and also with open rebellion in the country with the rest of the conspirators, subsequent to the discovery. He had previously made a confession of his guilt, and, therefore, did not attempt to defend himself before the court. As he was preparing to address the court, he was informed that he must first plead either _guilty_ or _not guilty_. He immediately confessed that he was guilty of the treason charged against him in the indictment. Sir Everard Digby evidently would not have been implicated in this conspiracy, but for his zeal in behalf of the church of Rome. So strong was his attachment to the papal creed, that he appears to have imagined that he should do G.o.d service by concurring with others in the destruction of heretics.

Having pleaded guilty to the charge of treason, he addressed the court respecting the motives that had induced him to enter upon such a course.

He declared that neither ambition nor discontent induced him to unite with the other conspirators, but affection for Catesby the leader. He also confessed that he was influenced in his decision by religious considerations. Perceiving, as he said, that religion was in danger, he had resolved to hazard his property, and even his life, to preserve it, and to restore Romanism in this country. It appears that the Romanists were apprehensive of more severe laws being enacted under King James than those which had been carried by the late queen. There was no ground for such an apprehension, since King James was really anxious to treat his Roman Catholic subjects with great lenity. Sir Everard also requested that his wife and children might not suffer on his account.

His last request was that he might be put to death by being beheaded, and not as an ordinary traitor.

The attorney-general replied to his address in a strain not unusual in that age, but which would not be adopted in the present day against the greatest criminal. Alluding to his very natural plea for his wife and children, c.o.ke reminded him, in an insulting and sneering tone, of his attempt to kill the king and queen with the n.o.bility of the country, asking where his piety and affection were when this scheme was devised?

When c.o.ke charged him with justifying the fact he denied the charge, confessing that he deserved to suffer, but that he was a pet.i.tioner for his majesty's mercy. The attorney-general replied, that, having abandoned every principle of religion and honour, he could not expect to receive any favour from his majesty.

The earl of Northampton also addressed the prisoner, and in a strain somewhat milder than c.o.ke. It would shock the feelings of the present age were the judge on the bench to revile the criminal at the bar, however notorious his guilt; but at that time such a practice was common. The earl of Northampton told him, that he had only himself and his evil councillors to thank. He also reminded him of his favour with Queen Elizabeth; and that King James was not ill disposed either towards him or the members of his church generally.

Judgment was now demanded by the king's sergeant on the seven prisoners mentioned in the first indictment, on the verdict of the jury; and on Sir Everard Digby, on his own confession.

The lord chief-justice proceeded to p.r.o.nounce judgment. He first took a review of the laws which had been enacted in the reign of Elizabeth against recusants, priests, and the receivers of priests, specifying the causes which gave rise to those enactments, and demonstrating that they were necessary, mild, equal, moderate, and capable of being justified to the whole world. Sentence was then p.r.o.nounced in the usual form.

Sir Everard Digby bowing to the lords who were seated on the bench, said, ”If I may but hear any of your lords.h.i.+ps say you forgive me, I shall go more cheerfully to the gallows.” The lords instantly replied, ”G.o.d forgive you, and we do.”

On Thursday, January 30, 1605-6, Sir Everard Digby, Robert Winter, John Grant, and Thomas Bates, were executed at the west end of St. Paul's church; and on Friday, January 31st, the sentence of the law was carried into effect on Thomas Winter, Ambrose Rookwood, Robert Keys, and Guy Fawkes, in Old Palace-yard, Westminster, and at no great distance from the House of Lords, the scene of their recent treason.

Most of these wretched men evinced much penitence, both in prison and on the scaffold. It is remarkable that Fawkes, the most desperate of the whole number, appeared to be the most penitent at the time of his execution. They all declared their adherence to the church of Rome, dying, as they had lived, in her communion. They requested that the officers in attendance would communicate this their dying declaration to the world.

After the execution, their bodies, being quartered, were hung up in various parts of the city, as was the custom at that time with those who were put to death for treason. The heads of Catesby and Percy were fixed upon the House of Lords, where they remained some years after, when Osborne wrote his _Memoirs of King James_; unless, as he intimates, they had been removed, and others subst.i.tuted in their room. It was reported when he wrote, that the heads then fixed on the House of Lords were not those of the two conspirators, but the heads of two other individuals procured, probably, from some church-yard, by the friends of Catesby and Percy, and fixed upon the poles for the purpose of preventing the discovery of the theft[21].

[Footnote 21: OSBORNE'S _Works_, p. 434.]

James acted with great lenity towards the families of the conspirators.

By the statute respecting treason the property of the convicted traitor is forfeited to the crown; but in the cases of these individuals the children or heirs of those who were in possession of property were permitted to enjoy it. There was nothing vindictive in James's character; and he would have spared even these conspirators, if it had been possible.

Such was the fate of men who appear to have been guiltless of any other crime, and who would not have been implicated in this horrible treason, but for the influence of those principles which the church of Rome instilled into the minds of her deluded followers.

CHAPTER VII.

THE TRIAL AND EXECUTION OF GARNET, THE JESUIT-THE ALLEGED MIRACLE OF THE STRAW-IS DECLARED A MARTYR.

Some time elapsed before Garnet was taken. He concealed himself in various places during the few months immediately subsequent to the discovery of the plot; the strictest search, however, was made; rewards were offered for his apprehension; and at last he was taken with Hall, another jesuit, and his own servant, in the house of a Roman Catholic.

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