What was the Gunpowder Plot? The Traditional Story Tested by Original EvidenceGerard, John
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What was the Gunpowder Plot? The Traditional Story Tested by Original Evidence
Gerard, John
Gunpowder Plot, 1605
2. Even more worthy of notice is the shameless manner in which evidence
was falsified. That produced in court consisted entirely of the written
depositions of the prisoners themselves, and of those who had been
similarly examined. It was, however, carefully manipulated before it was
read; all that told in favour of those whose conviction was desired
being omitted, and only so much retained as would tell against them. On
this subject Mr. Jardine well remarks:[404] "This mode of dealing with
the admissions of an accused person is pure and unmixed injustice; it is
in truth a forgery of evidence; for when a qualified statement is made,
the suppression of the qualification is no less a forgery than if the
whole statement had been fabricated."
It will be sufficient to cite one notorious and compendious example.
In regard of the oath of secrecy taken by the conspirators, Faukes (Nov.
9th, 1605) and Thomas Winter (Jan. 9th, 1605-6) related how they
administered it to one another, "in a chamber," to quote Winter, "where
no other body was," and afterwards proceeded to another chamber where
they heard Mass and received Communion at the hands of Father
Gerard.[405] Both witnesses, however, emphatically declared that the
Father knew nothing of the oath that had been taken, or of the purpose
of the associates.
[Illustration: FROM FAUKES' CONFESSION OF NOVEMBER 9, 1605.]
Such testimony in favour of one whom they were anxious above all things
to incriminate, the government would not allow to appear. Accordingly,
Sir E. Coke, preparing the documents to be used in court as evidence,
marked off the exculpatory passages, with directions that they were not
to be read.[406] Having thus suppressed the passage which declared that
the Jesuit was unaware of the conspirators' purpose, and of their oath,
Coke went on to inform the jury, in his speech, "This oath was by Gerard
the Jesuit given to Catesby, Percy, Christopher Wright, and Thomas
Winter, and by Greenwell [Greenway] the Jesuit to Bates at another time,
and so to the rest."[407]
3. Neither must it be forgotten that even apart from these manifest
instances of tampering, the confessions themselves, obtained in such
circumstances, are open to much suspicion. In an intercepted letter to
Father Baldwin, of whom we have heard, Father Schondonck, another
Jesuit, then rector of St. Omers, speaks thus:[408] "I much rejoice
that, as I hear, there is no confession produced, by which, either in
court or at the place of execution, any of our society is accused of so
abominable a crime. This I consider a point of prime importance. _Of
secret confessions, or those extorted by violence or torture, less
account must be made; for we have many examples whereby the dishonesty
of our enemies in such matters has been fully displayed._"
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