The meaning of this is, that the Government did not dare to produce the
confession till after Bates's death, lest he should contradict it. If
this were true it would no doubt furnish a strong argument against the
genuineness of the confession, though not a conclusive one, because at
the trial of that batch of the prisoners among whom Bates stood, the
Government may have wished to reserve the evidence to be used against
Greenway, whom it chiefly concerned, if they still hoped to catch him. I
do not, however, wish to insist on this suggestion, as I hope to be able
to show that the evidence was produced at Bates's trial, when he had
the opportunity, if he pleased, of replying to it.
Father Gerard's first argument is, that in a certain 'manuscript account
of the plot,[274] written between the trial of the conspirators and that
of Garnet, that is, within two months of the former,' the author, though
he argues that the priests must have been cognizant of the design, says
nothing of the case of Bates's evidence against Greenway, 'but asserts
him to have been guilty only because his Majesty's proclamation so
speaks it.'[275] To this it may be answered that, in the first place,
the manuscript does not profess to be a history of the plot. It contains
the story of the arrest of Garnet and other persons, and is followed by
the story of the taking of Robert Winter and Stephen Littleton. In the
second place, there is strong reason to suppose, not only from the
subjects chosen by the writer, but also from his mode of treating them,
that he was not only a Staffordshire man, or an inhabitant of some
county near Wolverhampton, but that his narrative was drawn up at no
great distance from Wolverhampton. It does not follow that because his
Majesty's proclamation had been heard of in Wolverhampton, a piece of
evidence produced in court at Westminster would have reached so far.
Another argument used by Father Gerard in his own favour, appears to me
to tell against him. In a copy of a minute of Salisbury's to a certain
Favat, who had been employed by the King to write to him, we find the
following statement, which undoubtedly refers to Bates's confession, it
being written on December 4, the day on which it was taken:--
"You may tell his Majesty that if he please to read privately what
this day we have drawn from a voluntary and penitent examination,
the point I am persuaded (but I am no undertaker) shall be so well
cleared, if he forebear to speak much of this but ten days, as he
shall see all fall out to that end whereat his Majesty
shooteth."[276]
Public-domain text, read in full here on John Shaqi.
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