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The Gunpowder Plot and Lord Mounteagle's Letter, Being a Proof, with Moral Certitude, of the Authorship of the Document

Note A — Chapter XLIX

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The reason why the Examiner who took down the Evidence was particular to inquire about Masses was that for a priest to say (or offer) Mass was to be liable to a penalty of 200 marks (a mark being 13s. 4d.) and imprisonment for life; while for a lay person to hear (or assist at offering) Mass was to be liable to a penalty of 100 marks and imprisonment for life. To harbour a priest was felony and the penalty was hanging, but without the cutting down alive, drawing and quartering. This last was the portion of the priests who, by remaining in England 40 days, were held ipso facto guilty of High Treason without proof of the exercise of priestly functions. This last penalty, of course, rendered unnecessary the having recourse to the penalty of 200 marks fine and imprisonment for life, since the greater included the less.

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