The Lord Chief Justice, Sir John Popham…

The Lord Chief Justice, Sir John Popham (a man with a deep-seated hatred of Catholics) questions Rookwood's servants on November 6, and by the evening has learnt the names of several of those involved in the conspiracy: Catesby, Rookwood, Keyes, Wynter [sic], John and Christopher Wright, and Grant.

"Johnson" meanwhile persists with his story, and, along with the gunpowder he was found with, is moved to the Tower of London, where the King has decided that "Johnson" will be tortured.

This is not so much to extract a confession, which is not needed to prove his guilt, but to extract from him the names of his fellow conspirators.

The use of torture is forbidden, except by royal prerogative or a body such as the Privy Council or Star Chamber.

James writes in a letter of November 6, "The gentler tortours [tortures] are to be first used unto him, et sic per gradus ad ima tenditur [and thus by steps extended to greater ones], and so God speed your good work."