'If he will not otherwise confess,' the King had ended by saying, 'the
gentler tortures are to be first used unto him, _et sic per gradus ad
ima tenditur_.' To us living in the nineteenth century these words are
simply horrible. As a Scotchman, however, James had long been familiar
with the use of torture as an ordinary means of legal investigation,
whilst even in England, though unknown to the law, that is to say, to
the practice of the ordinary courts of justice, it had for some
generations been used not infrequently by order of the Council to
extract evidence from a recalcitrant witness, though, according to
Bacon, not for the purpose of driving him to incriminate himself.
Surely, if the use of torture was admissible at all, this was a case for
its employment. The prisoner had informed the Government that he had
been at the bottom of a plot of the most sanguinary kind, and had
acknowledged by implication that there were fellow-conspirators whom he
refused to name. If, indeed, Father Gerard's view of the case, that the
Government, or at least Salisbury, had for some time known all about the
conspiracy, nothing--not even the Gunpowder Plot itself--could be more
atrocious than the infliction of torments on a fellow-creature to make
him reveal a secret already in their possession. If, however, the
evidence I have adduced be worth anything, this was by no means the
case. What it shows is, that on the afternoon of the 6th all that the
members of the Government were aware of was that an unknown number of
conspirators were at large--they knew not where--and might at that very
moment be appealing--they knew not with what effect--to Catholic
landowners and their tenants, who were, without doubt, exasperated by
the recent enforcement of the penal laws. We may, if we please, condemn
the conduct of the Government which had brought the danger of a general
Catholic rising within sight. We cannot deny that, at that particular
moment, they had real cause of alarm. At all events, no immediate steps
were taken to put this part of the King's orders in execution. Some
little information, indeed, was coming in from other witnesses. In his
first examination, on November 5, Fawkes had stated that in his absence
he locked up the powder, and 'one Gibbons' wife who dwells thereby had
the charge of the residue of the house.' An examination of her husband
on the 5th, however, only elicited that he, being a porter, had with two
others carried 3,000 billets into the vault.[31] On the 6th Ellen, the
wife of Andrew Bright, stated that Percy's servant had, about the
beginning of March, asked her to let the vault to his master, and that
she had consented to abandon her tenancy of it if Mrs. Whynniard, from
whom she held it, would consent. Mrs. Whynniard's consent having been
obtained, Mrs. Bright, or rather Mrs. Skinner--she being a widow
remarried subsequently to Andrew Bright[32]--received 2_l._ for giving
up the premises.
Public-domain text, read in full here on John Shaqi.
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