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possibility have taken place on the occasion. It is obviously a false and imperfect relation of the proceedings; a tale artfully garbled and misrepresented ... to serve a State purpose, and intended and calculated to mislead the judgment of the world upon the facts of the case."[332] Again the same author remarks,[333] "that every line of the published trial was rigidly weighed and considered, not with reference to its accuracy, but its effect on the minds of those who might read it, is manifest."

Moreover, the narrative thus obviously dishonest, was admittedly issued in contradiction of divers others already passing "from hand to hand," which were at variance with itself in points of importance, and which it stigmatized as "uncertain, untrue, and incoherent;" it justified its appearance on the ground that it was supremely important for the public to be rightly informed in such a case:[334] and so successful were the efforts made to secure for it a monopoly, that no single document has come down to us by which its statements might be checked. In consequence, to quote Mr. Jardine once more,[335] there is no trial since the time of Henry VIII. in regard of which we are so ignorant as to what actually occurred.[336]

The employment of methods such as these would in any circumstances forfeit all credit on behalf of the story thus presented. In the present instance the presumption raised against it is even stronger than it would commonly be. If the Gunpowder Plot were in reality what was represented, why was it deemed necessary, in Cecil's own phrase, to pervert and disguise its history in order to produce the desired effect? A project so singular and diabolical in its atrocity, prepared for on so large a scale, and so nearly successful, should, it would appear, have needed no fictitious adjuncts to enhance its enormity; and for the conviction of miscreants caught red-handed in such an enterprise no evidence should have been so effectual as that furnished by the facts of the case, which of their nature should have been patent and unquestionable. When we find, on the contrary, a web of falsehood and mystery woven with elaborate care over the whole history of the transaction, it is not unnatural to infer that to have told the simple truth would not have suited the purpose of those who had the telling of the tale; and it is obviously necessary that the evidence whereby their story was supported should be rigorously sifted.

What has been said, though in great measure true of the trial of Father Garnet, at the end of March, is especially applicable to that of the conspirators, two months earlier, for in regard of this we have absolutely no information beyond that officially supplied. The execution of Faukes and his companions following close upon their arraignment,[337] all that had been elicited, or was said to have been elicited, at their trial, became henceforth evidence which could not be contradicted, the prosecution thus having a free hand in dealing with their subsequent victim.[338] In view of this circumstance it has been noted as remarkable that whereas the conspirators had been kept alive and untried for nearly three months, they were thus summarily dealt with at the moment when it was known that the capture of Father Garnet was imminent, and, as a matter of fact, he was taken on the very day on which the first company were executed.[339] It would appear that nothing should have seemed more desirable than to confront the Jesuit superior with those whom he was declared to have instigated to their crime, instead of putting them out of the way at the very moment when there was a prospect of doing so.

The Fundamental Evidence.

Amongst all the confessions and "voluntary declarations" extracted from the conspirators, there are two of exceptional importance, as having furnished the basis of the story told by the government, and ever since generally accepted. These are a long declaration made by Thomas Winter, and another by Guy Faukes, which alone were made public, being printed in the "King's Book," and from which are gathered the essential particulars of the story as we are accustomed to hear it.

Of Winter's declaration, which is in the form of a letter to the Lords Commissioners, there is found in the State Paper Office only a copy, bearing date November 23rd, 1605, in the handwriting of Levinus Munck, Cecil's private secretary. This copy has been shown to the King, who in a marginal note objects to a certain "uncleare phrase," which has accordingly been altered in accordance with the royal criticism: and from it has evidently been taken the printed version, which agrees with it in every respect, including the above-mentioned emendation of the phraseology.

It must strike the reader as remarkable that, whereas, as has been said, the body of the letter is in the handwriting of the secretary, Munck, the names of the witnesses who attest it[340] are added in that of his master, Cecil himself.

The "original" document, in Winter's own hand, is at Hatfield, and agrees in general so exactly with the copy, as to demonstrate the identity of their origin.[341] But while, as we have seen, the "copy" is dated November 23rd, the "original" is dated on the 25th.[342] On a circumstance so singular, light is possibly thrown by a letter from Waad, the Lieutenant of the Tower, to Cecil, on the 21st of the same month.[343] "Thomas Winter," he wrote, "doth find his hand so strong, as after dinner he will settle himself to write that he hath verbally declared to your Lordship, adding what he shall remember." The inference is certainly suggested that torture had been used until the prisoner's spirit was sufficiently broken to be ready to tell the story required of him, and that the details were furnished by those who demanded it. It must, moreover, be remarked that although Winter's "original" declaration is witnessed only by Sir E. Coke, the Attorney General, it appears in print attested by all those whom Cecil had selected for the purpose two days before the declaration was made.[344] It may be said that the inference drawn above is violent and unfair, and, perhaps, were there no other case to go upon but that of Winter, so grave a charge as it implies should not be made. There remains, however, the companion case of Faukes, which is yet more extraordinary.

His declaration first makes its appearance as "The examination of Guy Fawkes, taken the 8th of November."[345] The document thus described is manifestly a draft, and not a copy of a deposition actually taken. It is unsigned: the list of witnesses is in the same handwriting as the rest, and in no instance is a witness indicated by such a title as he would employ for his signature.[346] Throughout this paper Faukes is made to speak in the third person, and the names of accomplices to whom he refers are not given.

What, however, is most remarkable is the frank manner in which this document is treated as a draft. Several passages are cancelled and others substituted, sometimes in quite a contrary sense, so that the same deponent cannot possibly have made the statements contained in both versions. Other paragraphs are "ticked off," as the event proves, for omission.

Nine days later, November 17th,[347] Faukes was induced to put his name to the substance of the matter contained in the draft.[348] The document is headed "The declaration[349] of Guy Fawkes, prisoner in the Tower of London." Faukes speaks throughout in the first person, and supplies the names previously omitted.[350] Most noteworthy is the manner in which this version is adapted to the emendations of the draft. The passages ticked off have disappeared entirely, amongst them the remarkable statements that "they [the confederates] meant also to have sent for the prisoners in the Tower, of whom particularly they had some consultation,"--that "they had consultation for the taking of the Lady Mary [the infant daughter of King James] into their possession"--and that "provision was made by some of the conspiracy of armour of proof this last summer, for this action." Where an alteration has been made in the draft, great skill is shown in combining what is important in both versions.[351]

As to the means which were employed to compel Faukes to sign the declaration there can be no doubt; his signature bearing evidence that he had been tortured with extreme severity. The witnesses are but two, Coke, the Attorney General, and Waad, the Lieutenant of the Tower. When, however, the document came to be printed, as in the other case, a fuller list was appended, but not exactly that previously indicated, for to Faukes were assigned the same witnesses as to Winter, including the Earls of Worcester and Dunbar over and above his own list.[352]

The printed version exhibits other points of interest. There was in the Archduke's service, in Flanders, an English soldier, Hugh Owen,[354] whom the government were for some reason, excessively desirous to incriminate, and get into their hands. For this purpose, a passage was artfully interpolated in the statement of Faukes, whereof no trace is found in the original. In the "King's Book," the passage in question stands thus, the words italicised being those fraudulently introduced:

"About Easter, the parliament being prorogued till October next, we dispersed ourselves, and I retired into the Low-countries, by advice and direction of the rest; as well to acquaint Owen with the particulars of the plot, as also, lest, by my longer stay, I might have grown suspicious." But of Owen we shall see more in particular. It must not be forgotten that on several other days besides those named above, Faukes made declarations, still extant, viz., November 5th, 6th, 7th, 9th, and 16th, and January 9th and 20th. The most important items of information furnished by that selected for publication were not even hinted at in any of these.

Farther light appears to be thrown on the manner in which this important declaration was prepared by another document found amongst the State Papers. This is an "interrogatory" drawn up by Sir E. Coke on November 8th, the very day of the "draft," expressly for the benefit of Faukes.[355] That the "draft" was composed from this appears to be shown by a curious piece of evidence. We have already noticed the strange phraseology of one of the passages attributed to Faukes: "He confesseth that the same day that this detestable act should have been performed the same day should other of their confederacy have surprised the person of the Lady Elizabeth," etc. Precisely the same repetition occurs in the sixth of Mr. Attorney's suggested questions. "Item, was it not agreed that the same day that the act should have been done, the same day or soon after the person of the Lady Elizabeth should have been surprised," etc.?

Moreover, it is apparent that this interrogatory is not founded on information already obtained, but is, in fact, what is known as a "fishing" document, intended to elicit evidence of some kind. In the first place, some of its suggestions are mutually incompatible. Thus in another place it implies that not Elizabeth but her infant sister Mary was the choice of the queen-makers:--"Who should have been protector of the Lady Mary, who, being born in England, they meant to prefer to the crown. With whom should she have married?" (She was then seven months old.) Again it asks: "What should have become of the Prince?" as though he might after all be the sovereign intended.

Besides this, many points are raised which are evidently purely imaginary, inasmuch as no more was ever heard of them though if substantiated, they would have been supremely important.[356]

The above details will not appear superfluous if the importance of these documents be fully understood. It is upon these narratives, stamped with features so incompatible with their trustworthiness, that we entirely depend for much of prime importance in the history of the conspiracy, in particular for the notable episode of

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