We can now understand why it was that Salisbury and the Government in
general were so anxious to bring home the plot, after its discovery, to
some, at least, of the priests, and more especially to the Jesuits.
Three of these, Garnet, Greenway and Gerard, were in England while the
plot was being devised, and were charged with complicity in it. Of the
three, Garnet, the Provincial of England, was tried and executed; the
other two escaped to the Continent. My own opinion is that Gerard was
innocent of any knowledge of the plot,[265] and, as far as I am
concerned, it is only the conduct of Garnet and Greenway that is under
discussion. That they both had detailed knowledge of the plot is beyond
doubt, as it stands on Garnet's own admission that he had been informed
of it by Greenway, and that Greenway had heard it in confession from
Catesby.[266] A great deal of ink has been spilled on the question
whether Garnet ought to have revealed matters involving destruction of
life which had come to his knowledge in confession; but on this I do
not propose to touch. It is enough here to say that the law of England
takes no note of the excuse of confession, and that no blame would have
been due on this score either to the Government which ordered Garnet's
prosecution, or to the judges and the jury by whom he was condemned,
even if there had not been evidence of his knowledge when no question of
confession was involved.
In considering Garnet's case the first point to be discussed is, whether
the Government tampered with the evidence against the priests, either by
omitting that which made in favour of the prisoner, or by forging
evidence which made against him. An instance of omission is found in the
mark 'hucusque' made by Coke in the margin of Fawkes's examination of
November 9, implying the rejection of his statement that, though he had
received the communion at Gerard's hands as a confirmation of his oath,
Gerard had not known anything of the object which had led him to
communicate.[267] The practice of omitting inconvenient evidence was
unfortunately common enough in those days, and all that can be said for
Coke on this particular occasion is, that the examination contained many
obvious falsehoods, and Coke may have thought that he was keeping back
only one falsehood more. Coke, however, at Garnet's trial did not
content himself with omitting the important passage, but added the
statement that 'Gerard the Jesuit, being well acquainted with all
designs and purposes, did give them the oath of secrecy and a mass, and
they received the sacrament together at his hands.'[268] Clearly,
therefore, Coke is convicted, not merely of concealing evidence making
in the favour of an accused, though absent, person, but of substituting
for it his own conviction without producing evidence to support it. All
that can be said is, in the first place, that Gerard was not on trial,
and could not therefore be affected by anything that Coke might say; and
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