honourable care of his prince and country, in the speedy bringing forth the letter sent to him, wherein he said that he had showed both his discretion and fidelity. Which speech being ended, Digby then acknowledged, that he spake not that of the breach of promise out of his own knowledge, but from their relation whom he trusted, and namely from Sir Thomas Tresham. Now were the jury returned, who, having delivered their verdict, whereby they jointly found those seven prisoners, arraigned upon the former indictment, guilty, Serjeant Philips craved judgment against them upon their conviction; and against Sir Everard Digby, upon his own confession. Then the Lord Chief Justice of England, after a grave and prudent relation and defence of the laws made by Queen Elizabeth against recusants, priests, and receivers of priests, together with the several occasions, progresses, and reasons of the same; and having plainly demonstrated and proved that they were all necessary, mild, equal, moderate, and to be justified to all the world, pronounced judgment. Upon the rising of the Court, Sir Everard Digby bowing himself towards the Lords, said, "If I may but hear any of your lordships say you forgive me, I shall go more cheerfully to the gallows." Whereunto the Lords said, “God forgive you, and we do." And so, according to the sentence, on Thursday following, execution was done upon Sir Everard Digby, Robert Winter, John Grant, and Thomas Bates, at the west end of Paul's Church; and, on the Friday following, upon Thomas Winter, Ambrose Rookwood, Robert Keyes, and Guy Fawkes, within the old Palace Yard at Westminster, not far from the Parliament House. THE ARRAIGNMENT OF HENRY GARNET,* Superior of the Jesuits in England, on Friday the 28th Day of March, 1606, at Guildhall, in the City of London, before the Lords Commissioners there present. SIR LEONARD HOLIDAY, Lord Mayor. The EARL OF NOTTINGHAM. The EARL OF SUFFOLK. The EARL OF WORCESTER. The EARL OF SALISBURY. The LORD CHIEF JUSTICE OF ENGLAND. SIR CHRISTOPHER YELVERTON, Knight, one of His Majesty's Justices of the King's Bench. 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 palam veniet,"-There is nothing hid that shall not be made manifest, there is nothing secret that shall not be revealed and come in public; and that God, by whom kings do reign-" consilium pravorum dissipat"-doth 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— The substance and effect of the indictment of Henry Garnet, Superior of the Jesuits in England, appears before in the relation of the former arraignment, and therefore is unnecessary to be repeated again; which indictment was summarily and effectually repeated by Sir John Croke, Knight, his majesty's Serjeant-at-law. affirming that no flesh could mention it without astonishment. He showed that Henry Garnet, of the profession of the Jesuits, otherwise Walley, otherwise Darcy, otherwise Roberts, otherwise Farmer, otherwise Philips, for the whole of those names he called himself, stood indicted of the most barbarous and damnable treasons, the like whereof were never heard of, that he was a man "multorum nominum," but not "boni 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 3rd of October last), together with Catesby, lately slain in open rebellion, and with Oswald Tesmond, a Jesuit, otherwise, Oswald Greenwel, 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 of performing 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 damnable, 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 conference together of these treasons, and concluded most traitorously and devilishly That Catesby, Winter, Fawkes, with many other traitors, lately attainted 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 piece-meal to tear them asunder, without respect of majesty, dignity, degree, age, or place; and for that purpose 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 pleaded "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 showed that they should have evidences to prove him guilty, that should be "luce clariores," that every man might read them running. They should, further, have "testimonia rerum," and "loquentia signa," witnesses and testimonies of the things themselves. "Reum consitentem," or rather, "reos consitentes et accusantes invicem." That every one may say unto him, "Serve nequam," thou wicked subject, "ex ore tuo te judico," out 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. The effect of that which SIR EDWARD COKE, Knight, his Majesty's Attorney-general, said at the arraignment of HENRY GARNET, Superior of the Jesuits in England. 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, 66 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 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 that 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 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 different sorts of men, who, according to the divers affections of their hearts, have divined and conjectured diversely of the cause of the delay of proceeding, especially against this person, the matter wherewith he stands charged being so transcendant and exorbitant as it is. The first 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 and judgment to perpetrate the like. For they say (and it is most true), “Quia non profertur citò 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 satisfied. The other sort are of those who, because 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 treason, surely they should have been brought forth and tried before this |