whose hearts are hardened, for that it is physic of state and government to let out corrupt blood from the heart. But pænitentia vera nunquam sera, sed pænitentia sera rarò vera. True repentance is indeed never too late, but late repentance is seldom found true, which yet I pray the merciful Lord to grant unto them, that having a sense of their offences, they may make a true and sincere confession, both for their souls' health, and for the good and safety of the king and this state. And for the rest that are not yet apprehended, my prayer to God is, ut aut convertantur ne pereant, aut confundantur ne noceant; that either they may be converted to the end they perish not, or else confounded that they hurt not.

After this, by the direction of Master Attorney-general, were their several examinations, subscribed by themselves, showed particularly unto them, and acknowledged by them to be their own, and true, wherein every one had confessed the treason. Then did Master Attorney desire, that albeit that which had been already done and confessed at the bar, might be allsufficient for the declaration and justification of the course of justice then held, especially seeing we have reos confitentes, the traitors' own voluntary confessions at the bar; yet for further satisfaction to so great a presence and audience, and their better memory of the carriage of these treasons, the voluntary and free confessions of all the said several traitors in writing, subscribed with their own proper hands, and acknowledged at the bar by themselves to be true, were openly and distinctly read; by which, amongst other things, it appeared that Bates was resolved for what he undertook concerning the Powder treason, and being therein warranted by the Jesuits. Also, it appeared, that Hammond, the Jesuit, after that he knew the Powder treason was discovered, and that these traitors had been in

actual rebellion, confessed them, and gave them absolution; and this was on Thursday the 7th of November. Here also was mention made by Master Attorney of the confessions of Watson and Clark, seminary priests, upon their apprehension, who affirmed that there was some treason intended by the Jesuits, and then in hand, as might appear, first, by their continual negociating at that time with Spain, which they assured themselves tended to nothing, but a preparation for foreign commotion.

2. By their collecting and gathering together such great sums of money, as then they had done, therewith to levy an army when time should serve.

3. For that sundry of the Jesuits had been tampering with Catholics, as well to dissuade them from acceptance of the king at his first coming, saying that they ought rather to die than to admit of any heretic (as they continually termed his majesty) to the crown; and that they might not, under pain of excommunication, accept of any but a Catholic for their sovereign; as also to dissuade Catholics from their loyalty,

after the state was settled.

Lastly, in that they had both brought up store of great horses throughout the country, and conveyed powder, and shot, and artillery secretly to their friends, wishing them not to stir, but keep themselves quiet till they heard from them.

After the reading of their several examinations, confessions, and voluntary declarations, as well of themselves, as of some of their dead confederates, they were all, by the verdict of the jury, found guilty of the treasons contained in their indictment; and then, being severally asked what they could say, wherefore judgment of death should not be pronounced against them, there was not one of these, except Rookwood, who would make any continued speech, either

in defence or extenuation of the fact. Thomas Winter only desired that he might be hanged both for his brother and himself. Guy Fawkes, being asked why he pleaded not guilty, having nothing to say for his excuse, answered, that he had so done in respect of certain conferences mentioned in the indictment, which he said that he knew not of: which were answered to have been set down according to course of law, as necessarily pre-supposed before the resolution of such a design. Keyes said, that his estate and fortunes were desperate, and as good now as another time, and for this cause rather than for another. Bates craved mercy. Robert Winter, mercy. John Grant was a good while mute, yet after, submissively said, he was guilty of a conspiracy intended, but never effected. But Ambrose Rookwood first excused his denial of the indictment, for that he had rather lose his life than give it. Then did he acknowledge his offence to be so heinous, that he justly deserved the indignation of the king, and of the lords, and the hatred of the whole commonwealth; yet could he not despair of mercy at the hands of a prince so abounding in grace and mercy. And the rather, because his offence, though it were incapable of any excuse, yet not altogether incapable of some extenuation, in that he had been neither author nor actor, but only persuaded and drawn in by Catesby, whom he loved above any worldly man. And that he had concealed it, not for any malice to the person of the king, or to the state, or for any ambitious respect of his own, but only drawn with the tender respect and the faithful and dear affection he bore to Mr. Catesby his friend, whom he esteemed more dear than anything else in the world. And this mercy he desired, not for any fear of the image of death, but for the grief that so shameful a death should leave so perpetual a blemish and blot unto all

Sir Everard

See the indictment.

ages upon his name and blood. But howsoever that this was his first offence, yet he humbly submitted himself to the mercy of the king, and prayed that the king would herein imitate God, who sometimes doth punish corporaliter, non mortaliter; corporally, yet not mortally.

Then was related how that, on Friday, immediately before this arraignment, Robert Winter, having found opportunity to have conference with Fawkes in the Tower, in regard of the nearness of their lodgings, should say to Fawkes, as Robert Winter and Fawkes confessed, that he and Catesby had sons, and that boys would be men, and that he hoped they would revenge the cause: nay, that God would raise up children to Abraham out of stones. Also, that they were sorry that no body did set forth a defence or apology of their action; but yet they would maintain the cause at their deaths.

Here, also, was reported Robert Winter's dream, which he had before the blasting with powder in Littleton's house, and which he himself confessed, and first notified; viz., that he thought he saw steeples stand awry, and within those churches strange and unknown faces. And after, when the aforesaid blast had, the day following, scorched divers of the confederates, and much disfigured the faces and countenances of Grant, Rookwood, and others, then did Winter call to mind his dream, and to his remembrance thought that the faces of his associates so scorched resembled those which he had seen in his dream. And thus much concerning the former indictment.

Then was Sir Everard Digby arraigned, and Digby indicted. after his indictment was read, wherein he was charged not only to have been acquainted with the Powder treason, and concealed it, and taken the double oath of secresy and constancy therein, but likewise to have been an actor in this conspiracy; and lastly, to have exposed,

and openly showed himself in the rebellion in the country, amongst the rest of the traitors; all which, after he had attentively heard and marked, knowing that he had freely confessed it, and the strength and evidence of the proofs against him, and convicted with the testimony of his own conscience, showed his disposition to confess the principal part of the said indictment, and so began to enter into a discourse. But being advertised that he must first plead to the indictment directly, either guilty or not guilty, and that afterwards he should be licensed to speak his pleasure, he forthwith confessed the treason contained in the indictment, and so fell into a speech, whereof there were two parts, Sir Everard viz., motives and petitions. The first motive Digby's speech. which drew him into this action was not ambition, nor discontentment of his estate, neither malice to any in Parliament, but the friendship and love he bore to Catesby, which prevailed so much, and was so powerful with him, as that, for his sake, he was ever contented and ready to hazard himself and his estate. The next motive was the cause of religion, which alone, seeing, as he said, it lay at the stake, he entered into resolution to neglect, in that behalf, his estate, his life, his name, his memory, his posterity, and all worldly and earthly felicity whatsoever, though he did utterly extirpate and extinguish all other hopes for the restoring of the Catholic religion in England. His third motive was, that promises were broken with the Catholics. And lastly, that they generally feared harder laws from this Parliament against recusants, as that recusants, wives and women, should be liable to the mulct as well as their husbands and men. And further, that it was supposed that it should be made a Præmunire only to be a Catholic.

His petitions were, that since his offence was confined and contained within himself, that