more than the actor or executer:' as may apyear by God's own Judgment given against the first sin in Paradise, where the serpent had three punishments inflicted upon him, as the original plotter; the woman two, being as the mediate procurer; and Adam but one, as the party seduced.-Circumstances precedent and subsequent so termed here, are indeed in their proper natures all High-Treasons; but yet in respect of the magnitude, nay monstrousness of this treason, may comparatively, without any discountenance to them in this case, be used as circumstances. And because I am to deal with the superior of the Jesuits, I will only touch such treasons, as have been plotted and wrought by the Jesuits, of whom this man was superior; and those treasons also sithence this Garnet his coming into England; whereof he may truly say, Et quorum pars magna fui.' month, hath sithence been again examined and interrogated above twenty several times, which lasted to the 26th of March, within two days of this arraignment. Touching the bill in parliament, it was indeed, exhibited before Garnet was apprehended; but his majesty's gracious pleasure was, that albeit this treason be without all precedent and example, yerthey should quietly and equally be indicted, arraigned, publickly heard, and proceeded withal in a moderate, ordinary, and just course of law. Concerning their apologies, and the fictions of state (as they term them), answer shall be made, by God's grace, in the proper place, when I come to lay open the plots and practices of the Jesuits, to the satisfaction of all this honourable and great assembly. But first I have an humble petition to present to your lordships, and the rest of this grave auditory for myself, in respect that I am necessarily to name great princes, yet with protestation and caution, that no blot is intended to be laid upon any of them. I know there is Lex in sermone tenenda,' A law and rule to be observed in speaking, especially in this kind; and that kings and great princes and the mighty men of this earth are to be reverently and respectfully dealt withal: and therefore I humbly recommend unto you these considerations, coucerning this point of mentioning foreign states. 1st, That the kingdoms were at those times in open enmity and hostility, and that might be honourable at one time which was not so at another; so that hostile actions were then jus-phets, and stonest them that are sent unto tifiable and honourable, as being in times of hostility and war. 2dly, In these things it is not the king's attorney that speaks, but Garnet the Jesuit: as also that it proceedeth from an inevitable necessity; for that the examinations as well of this, as of the rest of the traitors, cannot otherwise be opened and urged against them: so is the mention of great men, by the impudency of these wicked traitors, woven into their confessions, as they cannot be severed. And with this comfort I conclude the Preface, That I hope in God this day's work, in the judgment of so many as shall be attentive and well disposed, shall tend to the glory of Almighty God, the honour of our religion, the safety of his most excellent majesty and his royal issue, and the security of the whole commonwealth. For Memory and method, all that I shall speak may be contracted to two general heads. 1. I will consider the Offences, together with certain circumstances, precedent before the Offence, concurrent with the Offence, subsequent after the Offence. 2. I will lay down some Observations concerning the same.-For the proper name of this Ollence, because I must speak of several Treasons for distinction and separation of this from the other, I will name it the Jesuits Treason, as belonging to them both 'ex congruo et condigno;' they were the proprietaries, plotters and procurers of it: and in such crimes plus peccat author, quam actor; the author, or procurer, offendeth 6 The coming of this Garnet into England (which very act was a treason) was about 20 years past, viz. in July 1586, in the 28th year of the reign of the late queen, of famous and blessed memory: whereas the year before, namely the 27th year of Elizabeth, there was a statute made, whereby it was treason, for any, who was made a Romish Priest by any authority from the See of Rome, sithence the first year of her reign, to come into her dominions : which statute the Romanists calumniate as a bloody, cruel, unjust and a new upstart law, and abuse that place of our Saviour, O Jerusalem, Jerusalem, thou that killest the Pro thee, &c.' Mat. xxiii. 37. to that purpose: but indeed it is both mild, merciful and just, and grounded upon the antient fundamental laws of England. For (as bath already in the former Arraignments been touched) before the bull of Impius Pius Quintus, in the 11th year of the queen, wherein her majesty was excommunicated and deposed, and all they accursed who should yield any obedience unto her, &c. there were no recusants in England, all came to church (howsoever popishly inclined, or persuaded in most points) to the same divine service we now use; but thereupon presently they refused to assemble in our churches, or join with us in publick service, not for conscience of any thing there done, against which they might justly except out of the Word of God, but because the pope had excommunicated and deposed her majesty, and cursed those whoshould obey her and so upon this Bull ensued open rebellion in the north, and many garboils. But see the event: now most miserable, in respect of this Bull, was the state of Romish recusants; for either they must be hanged for treason, in resisting their lawful sovereign, or cursed for yielding due obedience unto her majesty. And therefore of this pope it was said by some of his own favourites, that he was Homo pius et doctus, sed nimis credulus;' a holy and a learned man, but over credulous; for that he was informed and believed that the strength of the Catholicks in England was such, as was able to have resisted the queen. But when the Bull was found to take such an effect, then was inventions of man; yet ever had God his true there a dispensation given, both by Pius Quin-church, holding his truth, which hath been by tus himself, and Gregory the 13th, That all Ca- skilful workmen, with the touchstone of the tholicks here might shew their outward obedi- Word of God, refined and separate from the ence to the queсn, ad redimendam vexatio- dross of man's inventions. nem, et ad ostendendam externam obedientiam;' but with these Cautions and Limitations: 1. Rebus sic stantibus,' Things so standing as they did. 2. Donec publica bullæ executio fieri posset;' that is to say, They might grow into strength, until they were able to give the queen a mate, that the publick execution of the said. Bull night take place. And all this was confessed by Garnet under his own hand, and now again openly confessed at the bar. In the 20th year of queen Elizabeth, came Campion the Jesuit and many others of his profession with him, purposely to make a Party in England for the Catholick cause, to the end that the Bull of Pius Quintus might be put in execution. And though all this while recusancy, being grounded upon such a disloyal cause, were a very dangerous and disloyal thing; yet was there no law made in that behalf until the 23rd year of her majesty's reign; and that also imposing only a mulct or penalty upon it, until conformity were offered and shewed. Anno 26 Eliz, came Parry † with a resolution from Cardinal de Como, and others, that it was lawful to kill her majesty, as being excommunicated and deposed. Whereupon her majesty entering into consultation how (together with her safety, and the protection of her subjects) she might avoid the imminent dangers, and yet draw no blood from these Priests and Jesuits, found out this moderate and mild course as the best means, to prohibit their coming at all into her land; there never being any king who would endure, or not execute any such persons, within their dominions, as should deny him to be lawful king, or go about to withdraw his subjects from their allegiance, or incite them to resist or rebel against him. Nay, the bringing in of a Bull by a subject of this realm against another, in the time of Edward 1. was adjudged Treason. But by the way, for that Garnet had exclaimed, saying, Shew us where was your church before Luther, design the place, name the persons, and so forth; it is answered by a comparison of a wedge of pure gold, which coming into the hands of impostors, is by their sophistications and mixtures, for gain and worldly respects, increased and augmented into a huge body and mass, and retaining still an outward fair shew and tincture of gold. Where is now the pure gold, saith one, shew me the place? I answer, in that mass; but for the extracting thereof, and purifying it from dross, that must be done by the art of the workman, and the trial of the touchstone. So the true religion and service of Almighty God, being for human respects and worldly pomp, mixed and overladen with a number of superstitious ceremonies and * See vol. 1. p. 1049. † Ibid. 1095. But to proceed in the 28th year of queen Elizabeth, being the year 1586, in June, came Garnet into England, breaking through the wall of treason; being in truth, totus compositus ex proditione: and this was at that time when the great Armada of Spain, which the pope blessed, and christened by the name of The Invincible Navy,' was by the instigation of that high-priest of Rome, preparing and collecting together of many parcels, out of divers parts, where they could be bought, or hired, or borrowed; and therefore may be, called a compounded navy, having in it 158 great ships. The purveyors and fore-runners of this navy and invasion, were the Jesuits; and Garnet among them being a traitor, even in his very entrance and footing in the land. But the queen with her own ships, and her own subjects, did beat this Armada, God himself (whose cause indeed it was) fighting for us against them, by fire, and seas, and winds, and rocks and tempests, scattering all and destroying most of them: for offenso creatore, offenditur omnis creatura,' The Creator being offended, every creature is readily armed to revenge his quarrel: In which respect he is called the Lord of Hosts. So that of 158, scarce 40 of their ships returned to the bar of their own haven; and as it is reported, most of them also perished: insomuch, that in this respect, we may say of queen Elizabeth, as the poet writeth of the Christian emperor O nimium dilecta Deo, cui militat æther, Et conjurati veniunt ad classica venti.' Observe here, that about the time of this invasion, there being in Spain met in consultation about that business, the Cardinal of Austria, the duke of Medina, count Fuentes, two Irish bishops, with sundry military men, and amongst other Winslade, an Englishman; the Irish bishops perceiving that they expected a party of Catholicks in England, resolved that true it was, that it was not possible to do any good here in England, unless there were a party of Catholicks made before-hand. But such, said they, was the policy of England, as that could never be effected: for if any suspicion or fear arose, the Catholicks should quickly be either shut up, or quite cut off. Oh, saith an old soldier there present, Hoc facit pro nobis,' That makes for us; for by that means their souls shall go to heaven for their religion, their bodies to the earth for their treasons, and their lands and goods to us as conquerors: this was indeed that they principally aimed at.Note here, that sithence the Jesuits set foot in this land, there never passed four years without a most pestilent and pernicious treason, tending to the subversion of the whole state. After that hostile Invasion in 88, the Jesuits fell again to secret and treasonable practices: for in the year 92, came Patrick Cullen, who : was incited by sir William Stanley, Hugh Owen, Jaques Fraunces, and Holt the Jesuit, and resolved by the said Holt to kill the queen; to which purpose he received absolution, and then the sacrament, at the hands of the said Jesuit, together with this ghostly counsel, that it was both lawful and meritorious to kill her. Nay, said Jaques, that base laundress's son, (who was a continued practiser both with this Cullen and others, to destroy her majesty) the state of England is and will be so settled, that unless mistress Elizabeth be suddenly taken away, all the devils in Hell will not be able to prevail against it, or shake it. the queen of England should happen to die, he might receive present and certain advertisement thereof. Now this Treason was accompanied with the Pope's own writing: for now doth the holy father 'cause to be sent hither to Garnet two Briefs or Bulls, one to the clergy, and another to the laity; wherein observe the Title, the Matter, the Time. The Title of the one was, Dilectis Filiis, Principibus, et Nobilibus Catholicis Anglicanis, Salutem et Apostolicam Benedictionem:' that is, To our beloved Sons the Nobles and Gentlemen of England, which are Catholics, Greeting and Apostolical Benediction. The Title of the other was, Dilectis Filiis, Archipresbytero, et reliquo Clero An Now Cullen's Treason was accompanyed with a Book called Philopater,' written forglicano, &c. To our beloved Sons, the Archthe abetting and warranting of such a devilish act in general, by Cresswell the legier Jesuit in Spain, under the name of Philopater. priest, and the rest of the Catholic Clergy. The Matter was, that after the death of her majesty, 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 his best endeavours and force ther of father Holt, and other Jesuits, to execute the same. And that treason likewise was accompanyed with a book written by the legier Jesuit and rector of Rome, Parsons, under the naine of Doleman, concerning titles, or rather tittles; a leud and a lying book, full of falshood, forgery, and malediction. Anno 97, came Squire from Spain, to poi son her majesty, incited, directed, and warranted by Walpole a Jesuit, then residing there; at whose hands likewise, after absolution, he received the Sacrament, as well to put the practice in execution, as to keep it secret. All these treasons were freely and voluntarily confessed by the parties themselves under their own hands, and yet remain extant to be seen. promote it, and according to the ancient custom would, by a solemn and sacred oath religiously promise and undertake to perform the same, they should admit or receive none to be king of England: his words are these, Quantumcunque propinquitate sanguinis niterentur, nisi ejusmodi essent qui fidem Catholicam non modo tolerarent, sed omni ope ac studio promoverent, et more majorum jurejurando se id præstituros susciperent, &c. As for king James (at whom the pope aimed) he hath indeed both propinquitatem and antiquitatem regalis sanguinis, propinquity and antiquity of blood royal, for his just claim and title to this crown, both before and since the 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 his 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 king, Catholics 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 proceedeth, 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 kingdoms standing then in hostility, the proposition of the English Romish Catholics was accepted and entertained; an army to invade, as hath been specified in the former Arraignment, promised, and 100,000 crowns to be distributed amongst Romanists and discontented persons, making of a party in England, and for the furtherance of the said service, granted. In the mean time the king earnestly desired, That if VOL. II. • Nec decor effecit fragilem, non sceptra superbam, Sola potens humilis, sola pudica decens.' And lastly, his majesty cometh of Margaret also the eldest daughter of Henry 7. who was descended of that famous union of those two fair roses, the white and the red, York and Lancaster; the effecting of which union cost the effusion of much English blood, over and besides fourscore or thereabouts of the blood royal, ૧ But a more famous union is by the goodness of the Almighty perfected in his majesty's person of divers lions, two famous, ancient and renowned kingdoms, not only without blood, or any opposition, but with such an universal acclamation and applause of all sorts and degrees, as it were with one voice, as never was seen or read of. And therefore most excellent king, for to him I will now speak: 'Cum triplici fulvum conjunge leone leonem, ‹ Ut varias atavus junxerat ante rosas : Majus opus varios sine pugna unire leones, Sanguine quam varias consociâsse rosas.' These four noble and magnanimous lions, so firmly and individually united, are able, with out any difficulty or great labour, to subdue and overthrow all the Letters and Bulls, and their calves also, that have been, or can be sent into England. the Jesuit, by sir William Stanley and Hugh Owen about the same treason; and by letters from Baldwin directed and commended to Creswell the legier Jesuit in Spain, for the procuring of his dispatch, as in the former arraignment hath been declared.-In the same June doth Garnet the Superior, together with Gerrard and other Jesuits and Jesuited Catholics, labour not only in providing of horses, which by Thomas Winter and Christopher Wright, upon their several negotiations, they, in the names of all the Catholics in England, had promised the king of Spain, to assist and do him service withal, at such time as the said king should send his forces to invade, either at Milford Haven, or in Kent, as hath before been shewed; but also did, by force of the said two Bulls or Briefs, dissuade the Romish Catholics from yielding their due obedience to his majesty, for that he was not of the Roman religion: contrary to the practice of the true church and churchmen, that undergo wars, ferendo, non feriendo,' with patience not with strokes; their weapons being properly orationes et lachrymæ,' prayers and tears. On the same June 9, which was in 1603, 1 Jac. brake out likewise the Treason of the Ro mish priests, Watson and Clarke, as also that other of sir Walter Raleigh and others. But the Jesuits seeing that the peace was now in great forwardness, and having advertisement, also, that the king of Spain did now distaste their propositions, so that there was no further hope left for force; then fell they again to secret practice. As for the bulls or briefs before mentioned, when Catesby had informed Garnet that king James was proclaimed, and the state settled, they were by Garnet, as himself hath affirmed, burnt. But to proceed: Now for the time, observe that these Bulls or Briefs came upon the aforesaid negotiation of Thomas Winter into Spain, at what time an army should shortly after have been sent to invade the land: And this was to be put in execution, quandocunque contingeret miseram ⚫illam fœminam ex hac vita excedere;' whensoever it should happen that that miserable woman, for so it pleased the high priest of Rome to call great queen Elizabeth, should depart this life. Was queen Elizabeth miserable? It is said that Miseria constat ex duobus contrariis, scilicet, copia et inopia; ex copia tribulationis, et inopia consolationis. Was she, I say, miserable, whom Almighty God so often and so miraculously protected, both from the arrow that flieth by day,' their great Armada, and from the pestilence that walketh in the 'darkness,' their secret and treacherous conspi- In March 1603, Garnet and Catesby (a racies? that did beat her most potent enemies? pestilent traitor) confer together, and Catesby that set up a king in his kingdom? that defend- in general telleth him (though most falsly), That ed nations, and harboured and protected dis- the king had broken promise with the cathotressed people? that protected her subjects in licks, and therefore assuredly there would be peace and plenty, and had the hearts of the stirs in England before it were long. In Sepmost and the best of her subjects? that reigned tember following, meets Catesby and Thomas religiously and gloriously, and died Christianly Percy: and after an unjust, but a grievous and in peace? Oh blessed queen, our late dear complaint made by Catesby of the king's prosovereign, semper honos nomenque tuum lau- ceedings, for that contrary to their expecta• desque manebunt.' But queen Elizabeth of |tions, his majesty both did hold, and was like famous memory, (for Memoria ejus semper continually to run the same course which the erit in benedictione') as a bright morning-star, queen before had held; Percy presently breaks in fulness of time lost her natural light, when forth into this devilish speech, That there was no the great and glorious sun appeared in our ho-way but to kill the king, which he the said rizon. And now sithence the coming of our great king James, there have not passed, I will not say four, nay not two months, without some treason. First, in March 1603, upon the death of her majesty, and before they had seen his majesty's face, was Christ. Wright employed into Spain, by Garnet, Catesby, and Tresham, to give advertisement of the queen's death, and to continue the former negotiation of Thomas Winter; and by him also doth this Garnet write to Creswell the Jesuit, in commendation, and for assistance and furtherance of his business. As also on the 22nd of June following, was Guy Fawkes sent out of Flanders, by Baldwin Percy would undertake to do. But Catesby, as being versuto ingenio et profunda perfidia,' a cunning, a wily, and a deep traitor, intending to use this so furious and fiery a spirit to a further purpose, doth as it were stroke him for his great forwardness, yet with sage and stayed counsel tells him; No Tom, thou shalt not adventure thyself to so small purpose: If thou wilt be a traitor, there is a plot to greater advantage, and such a one as can never be discovered, viz. the Powder-treason. In January, in the 1st year of his majesty, Garnet took out a General Pardon under the Great Seal of England of all treasons (which pardon his majesty of his grace granted to all men at his first entrance into his kingdom) under the name of Henry Garnet of London, gent, but therein he never used any of his ' alias dictus,' Walley, Farmer, or any other of his feigned names. But Catesby fearing lest any of those whom he had or should take into confederacy, being touched in conscience with the horror of so damnable a fact, might give it over, and endanger the discovery of the plot, seeks to Garnet, (as being the superior of the Jesuits, and therefore of high estimation and authority amongst all those of the Romish religion) to have his judgment and resolution in conscience, concerning the lawfulness of the fact, that thereby he might be able to give satisfaction to any who should in that behalf make doubt or scruple to go forward in that treason. And therefore Catesby coming to Garnet, propounded unto him the case, and asketh, Whether for the good and promotion of the Catholick cause against hereticks, (the necessity of time and occasion so requiring) it be lawful or not amongst many nocents to destroy and take away some innocents also. To this question Garnet advisedly and resolvedly answered, That if the advantage were greater to the Catholic part, by taking away some innocents together with many nocents, then doubtless it should be lawful to kill and destroy them all. And to this purpose he alledged a comparison of a town or city which was possessed by an enemy, if at the time of taking thereof there happen to be some few friends within the place, they must undergo the fortune of the wars in the general and common destruction of the enemy. And this resolution of Garnet, the superior of the Jesuits, was the strongest, and the only bond, whereby Catesby afterwards kept and retained all the traitors in that so abominable and detestable a confederacy; for in March following, Catesby, Thomas Winter, and others, resolve upon the Powder-Plot: and Fawkes as being a man unknown, and withal a desperate person and a soldier, was resolved upon as fit for the executing thereof, to which purpose he was in April following by Thoinas Winter sought and fetched out of Flanders into England. In May, in the 24 year of his majesty, Čatesby, Percy, John Wright, Thomas Winter, and Fawkes meet: And having, upon the holy evangelists, taken an oath of secrecy and constancy to this effect: You shall swear by the blessed Trinity, and by the sacrament you now purpose to ♦ receive, never to disclose directly or indirectly, by word or circumstance, the matter that 'shall be proposed to you to keep secret, nor desist from the execution thereof, until the ' rest shall give you leave :' They all were confessed, had absolution, and received thereupon the sacrament, by the hands of Gerrard the Jesuit then present. In June following, Catesby and Greenwell the Jesuit confer about the Powder-Treason. And at Midsummer, Catesby having speech with Garnet of the Powder-Treason, they said, That it was so secret, as that it must prevail before it could be discovered. Then Garnet seemed to desire that the Pope's consent might be obtained: but Catesby answered, That he took that as granted by the pope in the two Bulls or Briefs before; for that, said be, if it were lawful not to receive, or to repel him, as the said Bulls or Briefs did import, then is it lawful also to expel or cast him out. Upon the 7th of July, 1604, was the parliament prorogued until the 7th of February. And in November following, Thomas Bates, being (as hath been declared more at large in the former arraignment) fetched in by Catesby, his master, to participate in the Powder-Treason, for better assurance of his secrecy, and prosecution thereof, is by Greenwell the Jesuit confessed, encouraged, and told, That being for a good cause, he might and ought, not only conceal it as committed unto him in secret by his master; but further said, That it was no offence at all, but justifiable and good.—About this time was Robert Keyes taken into the confederacy, and by Catesby resolved of the lawfulness thereof from the Jesuits. On the 11th of December, they entered the mine: and in March following, which was in 1605, was Guy Fawkes sent over to sir William Stanley, with letters from Garnet to Baldwin the legier Jesuit there, to take order, That against the time of the blow, the forces might be brought near to the sea-side, to the end that they might suddenly be transported into England. And there doth Fawkes, by consent of the confederates, give Owen the oath of secrecy and perseverance, and then acquaints him with the whole treason: Who having been a most malicious and inveterate traitor, greatly applauded it, and gave his consent and counsel for the furtherance thereof. In May 1605, fell out certain broils in Wales by the Romish Catholicks; at what time also Rookwood was by Catesby acquainted with the Powder-Treason, and resolved of the lawfulness of the fact by him as from the Jesuits. Now doth Garnet write to the Pope, That commandment might come from his holiness, or else from Aquaviva the general of the Jesuits, for the staying of all commotions of the Catholicks here, in England, intending indeed to set their whole rest of the Catholick Romish cause upon the Powder-Plot, and in the mean time to lull us asleep in security, in respect of their dissembled quietness and conformity; as also lest impediment might be offered to this main plot by reason of any suspicion of the stirring of Papists, or of inquiry after them upon occasion of any petty commotions or broils. But when he further desired, that it might be so enjoined upon censures, that latter request was not granted, lest it might indeed be an impediment to the Powder-Plot. . In June following doth Greenwell the Jesuit consult with Garnet his superior, of the whole course of the Powder-Treason at large; wherein observe the politick and subtle deating of this Garnet. First, he would not, as he saith, |