Gunpowder Plot The Effect Of the Indictment. On 27 Jan 1606 the trial of the conspirators took place at Westminster Hall [Map].

The Commissioners were:.

Charles Howard 1st Earl Nottingham (age 70).

Thomas Howard 1st Earl Suffolk (age 44).

Edward Somerset 4th Earl of Worcester (age 56).

Charles Blount 1st Earl Devonshire (age 43).

Henry Howard 1st Earl of Northampton (age 65).

Robert Cecil 1st Earl Salisbury (age 42).

John Popham (age 75).

Thomas Fleming (age 61).

Peter Warburton (age 66).

The Effect of the Indictment.

Note. We have broken this very lengthy paragraph up into more manageable chunks..

THAT whereas our Sovereign Lord the King (age 39) had, by the Advice and Assent of his Council, for divers weighty and urgent Occasions concerning, his Majesty, the State, and Defence of the Church and Kingdom of England, appointed a Parliament to be holden at his City of Westminster; That Henry Garnet (age 50), Superior of the Jesuits within the Realm of England, (called also by the several names of Wally, Darcy, Roberts, Farmer, and Henry Philips), Oswald Tesmond Jesuit (age 43), otherwise called Oswald Greenwell, John Gerrard Jesuit (age 41), (called also by the several names of Lee and Brooke), Robert Winter (age 38), Thomas Winter (age 35), Gentlemen, Guy Fawkes (age 35) Gent. otherwise called Guy Johnson, Robert Keyes Gent. and Thomas Bates Yeoman, late Servant to Robert Catesby Esquire; together with the said Robert Catesby and Thomas Percy Esquires, John Wright and Christopher Wright Gentlemen, in open Rebellion and Insurrection against his Majesty, lately slain, and Francis Tresham Esq; lately dead; as false Traitors against our said Sovereign Lord the King, did traitorously meet and assemble themselves together; and being so met, the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and other Jesuits, did maliciously, falsly, and traitorously move and persuade as well the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, That our said Sovereign Lord the King, the Nobility, Clergy, and whole Commonalty of the Realm of England, (Papists excepted) were Hereticks; and that all Hereticks were accursed and excommunicate; and that none Heretick could be a King; but that it was lawful and meritorious to kill our said Sovereign Lord the King, and all other Hereticks within this Realm of England, for the Advancing and Enlargement of the pretended and usurped Authority and Jurisdiction of the Bishop of Rome, and for the restoring of the superstitious Romish Religion within this Realm of England.

To which traitorous Persuasions, the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, Thomas Bates, Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traitorously did yield their Assents: And that thereupon the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and divers other Jesuits; Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as also the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright and Francis Tresham, traitorously amongst themselves did conclude and agree, with Gunpowder, as it were with one Blast, suddenly, traitorously and barbarously to blow up and tear in pieces our said Sovereign Lord the King, the excellent, virtuous and gracious Queen Anne, his dearest Wife, the most noble Prince Henry, their eldest Son, and future Hope and Joy of England; and the Lords Spiritual and Temporal, the Reverend Judges of the Realm, the Knights, Citizens and Burgesses of Parliament, and divers other faithful Subjects and Servants of the King in the said Parliament, for the Causes aforesaid, to be assembled in the House of Parliament; and all them, without any respect of Majesty, Dignity, Degree, Sex, Age or Place, most barbarously, and more than beastly, traitorously and suddenly to destroy and swallow up.

And further did most traitorously conspire and conclude among themselves, That not only the whole Royal Issue-Male of our said Sovereign Lord the King should be destroyed and rooted out; but that the Persons aforesaid, together with divers other false Traitors, traitorously with them to be assembled, should surprize the Persons of the most noble Ladies Elizabeth and Mary, Daughters of our said Sovereign Lord the King, and falsly and traitorously should proclaim the said Lady Elizabeth to be Queen of this Realm: And thereupon should publish a Proclamation in the name of the said Lady Elizabeth; wherein, as it was especially agreed by and between the said Conspirators, That no mention should be made at the first, of the alteration of Religion established within within this Realm of England; neither would the said false Traitors therein acknowledge themselves to be Authors, or Actors, or Devisers of the aforesaid most wicked and horrible Treasons, until they had got sufficient Power and Strength for the assured Execution and Accomplishment of their said Conspiracy and Treason; and that then they would avow and justify the said most wicked and horrible Treasons, as Actions that were in the number of those, Quae non laudantur, nisi peracta, which be not to be commended before they be done: but by the said feign'd and traitorous Proclamation they would publish, That all and singular Abuses and Grievances within this Realm of England, should, for satisfying of the People, be reform'd.

And that as well for the better concealing, as for the more effectual accomplishing of the said horrible Treasons, as well the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, by the traitorous Advice and Procurement of the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and other Jesuits, traitorously did further conclude and agree, that as well the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, thereupon severally and traitorously should receive several corporal Oaths upon the holy Evangelists, and the Sacrament of the Eucharist, That they the Treasons aforesaid would traitorously conceal and keep secret, and would not reveal them, directly or indirectly, by Words or Circumstances, nor ever would desist from the Execution and final Accomplishment of the said Treasons, without the consent of some three of the aforesaid false Traitors first in that behalf traitorously had: And that thereupon as well the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as the said Robert Catesby, Thomas Percy, John Wright, Christ. Wright, and Francis Tresham, did traitorously take the said several corporal Oaths severally, and did receive the Sacrament of the Eucharist aforesaid, by the Hands of the said Henry Garnet (age 50), John Gerrard (age 41), Oswald Tesmond (age 43), and other Jesuits.

And further, that the said Thomas Winter (age 35), Guy Fawkes (age 35),Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright,Christopher Wright, and Francis Tresham, by the like traitorous Advice and Counsel of the said Henry Garnet (age 50), John Gerrard (age 41), Oswald Tesmond (age 43), and other Jesuits, for the more effectual compassing and final execution of the said Treasons, did traitorously among themselves conclude and agree to dig a certain Mine under the said House of Parliament, and there secretly, under the said House, to bestow and place a great Quantity of Gunpowder; and that according to the said traitorous Conclusion, the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomes Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, afterwards secretly, not without great labour and difficulty, did dig and make the said Mine unto the midst of the Foundation of the Wall of the said House of Parliament, the said Foundation being of the thickness of three yards, with a traitorous Intent to bestow and place a great Quantity of Gunpowder in the Mine aforesaid, so as aforesaid traitorously to be made for the traitorous accomplishing of their traitorous Purposes aforesaid.

And that the said Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, finding and perceiving the said Work to be of great difficulty, by reason of the Hardness and thickness of the said Wall; and understanding a certain Cellar under the said House of Parliament, and adjoining to a certain House of the said Thomas Percy, then to be letten to farm for a yearly Rent, the said Thomas Percy, by the traitorous Procurement, as well of the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and other Jesuits, Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as of the said Robert Catesby, John Wright, and Christopher Wright, traitorously did hire the Cellar aforesaid for a certain yearly Rent and Term: and then those Traitors did remove twenty Barrels full of Gunpowder out of the said House of the said Thomas Percy, and secretly and traitorously did bestow and place them in the Cellar aforesaid, under the said House of Parliament, for the traitorous effecting of the Treason, and traitorous Purposes aforesaid.

And that afterwards the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and other Jesuits, Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes and Thomas Bates, together with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright traitorously did meet with Robert Winter (age 38), John Grant, and Ambrose Rookwood, and Francis Tresham, Esquires; and traitorously did impart to the said Robert Winter (age 38), John Grant, Ambrose Rookwood, and Francis Tresham, the Treasons, traitorous Intentions and Purposes aforesaid; and did require the said Robert Winter (age 38), John Grant, Ambrose Rookwood, and Francis Tresham, to join themselves as well with the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, in the Treasons, traitorous Intentions and Purposes aforesaid; and traitorously to provide Horse, Armour, and other Necessaries, for the better Accomplishment and effecting of the said Treasons.

To which traitorous Motion and Request, the said Robert Winter (age 38), John Grant, Ambrose Rookwood, and Francis Tresham, did traitorously yield their Assents, and as well with the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), Robert Winter (age 38), Thomas Winter (age 35), Guy Fawkes (age 35), Robert Keyes, and Thomas Bates, as with the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, in the said Treasons, traitorous Intentions and Purposes aforesaid, traitorously did adhere and unite themselves: And thereupon several corporal Oaths, in form abovesaid, traitorously did take, and the Sacrament of the Eucharist, by the hands of the said Jesuits did receive, to such intent and Purpose, as is aforesaid; and Horses, Armour, and other Necessaries for the better effecting of the said Treasons, according to their traitorous Assents aforesaid, traitorously did provide.

And that afterwards all the said false Traitors did traitorously provide, and bring into the Cellar aforesaid ten other Barrels full of Gunpowder, newly bought, fearing lest the former Gunpowder, so as aforesaid bestow'd and placed there, was become dankish; and the said several Quantities of: Gunpowder aforesaid, with Billets and Faggots, lest they should be spy'd, secretly and traitorously did cover.

And that afterwards the said false Traitors traitorously provided, and brought into the Cellar aforesaid, four Hogsheads full of Gunpowder, and laid divers great Iron Bars and Stones upon the said four Hogsheads, and the aforesaid other Quantities of Gunpowder: And the said Quantities of Gunpowder, Bars, and Stones, with Billets and Faggots, lest they should be espy'd, secretly and traitorously did likewise cover.

And that the said Guy Fawkes (age 35), afterwards, for a full and final Accomplishment of the said Treasons, traitorous Intentions and Purposes aforesaid, by the traitorous Procurement, as well of the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), and other Jesuits, Robert Winter (age 38), Thomas Winter (age 35), Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as of the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traitorously had prepared, and had upon his Person Touchwood and Match, therewith traitorously to give fire to the several Barrels, Hogsheads, and Quantities of Gunpowder aforesaid, at the time appointed for the Execution of the said horrible Treasons.

And further, that after the said horrible Treasons were, by the great Favour and Mercy of God, in a wonderful manner discover'd, not many hours before it should have been executed, as well the said Henry Garnet (age 50), Oswald Tesmond (age 43), John Gerrard (age 41), Robert Winter (age 38), Thomas Winter (age 35), Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, traitorously did fly and withdraw themselves, to the intent traitorously to stir up and procure such Popish Persons, as they could, to join with them in actual, publick and open Rebellion against our said Sovereign Lord the King; and to that end did publish divers feigned and false Rumours, that the Papists Throats should have been cut; and that thereupon divers Papists were in Arms, and in open, publick, and actual Rebellion against our said Sovereign Lord the King, in divers Parts of this Realm of England.

Letters of the Court of James I 1613 Reverend Thomas Lorkin to Sir Thomas Puckering Baronet 24 Jun 1613. 24 Jun 1613. London. Reverend Thomas Lorkin to Thomas Puckering 1st Baronet (age 21).

If these letters did not assure you to the contrary, you might judge me dead; at least that some strange accident hath befallen me, who have kept so deep silence so long a time; for to imagine that either I could forget or neglect your so infinite merits towards me, were a censure too hard and rigorous once to enter into the conceit of so generous a disposition. None of these therefore have been the occasion, but only a mere necessity, first of drawing forth my journey into a longer tract than ever I propounded to myself, and then of making a farther abode in France, than at the beginning I intended, thereby to accommodate certain businesses of your brother [Note. brother-in-law] Newton's (age 33)¹, which began through my absence to grow into some untowardly disorder. But now that I am safely arrived here, I shall promise to dedicate myself wholly to your affairs, and will hope to improve my industry and diligence such as you shall find no fault to complain that ever you reposed in me that trust which you have done. Touching your design in the prince's' service, I had already communicated it with Mr. Newton, who giveth small encouragement of proceeding farther in it, at least till his highpess grow near upon the point of bis creation [as Prince of Wales], which is yet likely to hold us in expectance three years longer.

There hath been already some contestation had between your brother (age 33) and Mr. Murray², the prince's tutor, touching the place of secretaryship, this man making it, as your brother formerly did, the chief end of his hopes; so that at length Mr. Newton hath been content to relinquish his right thereunto, upon condition to be made his highnesses Teceiver»general, which is like to be no less beneficial than the former. The mastership of his highness's horse hath divers competitors. Sir Thomas Howard is the most importunate suitor; and Ramsey, who is first escuyer to the prince, thinks it great wrong if he do not enjoy it. In the bedchamber, you know there are already two, Sir Robert Carey and Sir James Fullerton (age 50): David Murray sues to be the third, hoping by that means to recover himself of what he is so much cast behind in, having made a very weak and uncertain estate unto himself, notwithstanding all his former service. But he is like to meet with difficulty enough before be obtain it, notwithstanding all the furtherance he finds from Mr. Murray, his kinsman.

Among the grooms, Sandilands began the suit first, and had procured the king's grant for his present entrance into that charge: but this giving occasion to Gibb and Ramsey to do the like, their importunity hath been a means to revoke and cross that which the other made sure reckoning to have before fully effected for himself.

The first day of this next month the prince begins to keep house at Richmond, where Sir Arthur Mainwaring (age 33) and Sir Edward Varnam (age 23) (so I think they call him, for I am a bad treasurer-up of names) are like to exercise their former places, though they both sue to exchange them with being gentlemen of the privy-chamber. Mr. Alexander likewise shall be pat again into the possession of his. So shall Mr. Peter Newton and his fellow Shaw also. Few others shall be admitted above stairs at this present; and for them below, the first clerks in every office shall execute their proper charge as before.

The great places of the court are not yet disposed of. The manifest faction which is between the family of the Howards on the one side, and the Earl of Southampton (age 39) and Viscount Rochester (age 26) on the other, is supposed to be the cause thereof. For the treasurership, the general voice confers it still upon Northampton (age 73), as it did that of the secretaryship upon Sir Harry Neville; though, for this latter, I suppose his hopes quite dashed; for merely depending upon my Lord Rochester (age 26), he wants not opposition; and then, besides, Overbury (age 32) being fallen into disgrace³, he is thereby deprived of his best instrument. The most likely man to carry it, in the judgment of those who are not al- together unacquainted with those businesses, is Sir Charles Cornwallis, late treasurer to the prince deceased, who is reported very sufficient for foreign affairs: and with him it is thought shall be joined Sir Thomas Luke, though in a far meaner condition than were their predecessors, by reason of the lord treasurer's present greatness.

There hath lately come forth a proclamation against one Cotton, a west-country gentleman and a great recusant, charging him with high treason against the king and State, for having published a very scandalous and railing book against his majesty; and promising a very large reward to whosoever could apprehend him and bring him in. At the very self-same time, this Cotton being to cross the Thames, and inquiring of the watermen what news, they, not know- ing the man, told him what was newly happened concern- ing himself. Whereupon being landed, he muffled himself in his cloak, thinking thereby to pass unknown to any of his acquaintance that he might haply meet. But he had not passed thence many paces, when one Maine, a follower sometimes of the late Lord of Devonshire, and a sure friend of his meeting him in the street and discovering well what he was, [warned] him likewise of danger, with protestation nevertheless not to make any benefit of the discovery of his friend, but wishing him to provide for his own safety. Thereupon Cotton demanding his opinion what he thought fittest to be done, he advised him to submit himself to the king's mercy: whose counsel he followed, and presently went and surrendered himself into my Lord of South* ampton's hands, and so rests at his majesty's mercy.

Your brother Newton (age 33), Mr. Southcot, and one Mr. Wood, have all, jointly together, lately obtained letters-patents for the putting in practice of an invention of the said Wood's, who by steeping all kind of com and grain in a certain liquor, undertakes thereby to render it more fruitful with five shillings' cost, than would ever have been before done with forty. They are now very busy in projecting a course for the [spread]ing of it throughout the realm, and hope to reap no small profit and advantage by it. When that is settled, your brother meaneth to make a journey to Durham⁴, whither Sir Thomas Grantham and his lady purpose to accompany him. He despatches away before great store of provision by sea, both of wine, beer, and divers other commodities, and means to be at the charge of a very honourable entertainment. Only Mrs. Newton stays behind, being hindered by a very happy occasion, finding herself quick with child.

Sir Thomas Mildmay⁵ keeps Whitehall close, not daring to venture abroad, for Sir John Wentworth's debt. He intends [to sell] Moulsham away shortly, and so to procure his own liberty.

About four or five days since, the Duke of Savoy's (age 51) ambassador took his leave, who hath been here honoured with a very royal entertainment. The occasion of his ambassage, I suppose, is well enough known unto you, namely, to treat of a second motion of marriage between our prince and one of the daughters of Savoy. His offers are very great, and such as none other cometh near to. His wars upon the Duke of Mantua do, in a manner, furnish the whole subject to the Frenchmen's discourse. To write anything of them, I hold it needless; for, being much nearer, you cannot but understand those things likewise, much better than myself. Only I shall, in a word or two, inform you in how doubtful a deliberation the state of France stands, touching those affairs. The Prince of Conde (age 24) and the Duke of Bouillon press both very earnestly for the relief of the Mantuan against the Savoyard. The Duke d'Espemon, on the contrary, travaileth all he may to overthrow and hinder it. And not long since, this point being debated in open council. Monsieur le Prince, in the heat of his contestation with the said duke, spared not to tell him that there was now carried so much respect to the affairs of Spain, as in the mean time they quite forgot that natural affection which they owed unto France, threatening therewithal that, in case they continued to reject the wholesome counsel which he gave in a matter of that importance, he would go and make his protestations to the Court of Parliament. It is that which keeps the adverse part somewhat in bridle, though yet the queen seems rather inclined to authorize the advice of the others than his. For, as touching the little aid which the Chevalier de Guise hath lately carried over, it is rather by permission than any commission from the queen, and is wholly composed of mere voluntaries.

The Duke de Vendome having lately retired himself from court to a certain house of his, not far from Paris upon a discontentment taken in the behalf and favour of the Prince of Conde (age 24), and there threatening never to return again so long as the regency of this queen lasteth; the queen, being advertised thereof presently, sent and con- fined him to his house. But the said duke, not able to brook any such confinement, contrary to the queen's in- junction, made a journey into Bretagne, and there put himself into a very strong castle, named Ansenis. Where- upon, the queen presently despatched Monsieur de la Yarenne towards him, to command him to return; and, in case of his refusal, threatened to deprive him of his goyemment. The duke thereto made a very humble and submissive answer, yet no way disposes himself to obey her commandment Hereupon, the queen hath renewed it a second time by letters; but these are thought will as little avail as the former. And yet, nevertheless, the Prince of Conde (age 24), employing himself very earnestly in favour of the said duke, it is not like that there will be any rigorous proceeding against him, as is threatened.

Note 1. Adam Newton, Esq (age 33). He is styled by Dr. Thomas Smith, "Vitre quorandam eruditise et illost. virorim," printed in 4to., in 1707, vir elegantissimi ingenii."

Note 2. This appears to refer to Mr. Thomas Murray, who was tutor to the Duke of York, Charles I (age 12).

Note 3. He had ventored to remonstrate with the favourite (age 26) respecting his intimacy with the Countess of Essex (age 23).

Note 4. See the letter of August 12. Mr. Newton (age 33) was, as we have stated, Dean of Durham, though a layman: such an appointment being allowable at this period.

Note 5. Knighted by King James I., at his majesty's arrival at Whitehall from Scotland, July 23, 1603, and created a baronet, Jane 29, 1611.