20th September they laid in four hogsheads more of powder, with other stones and bars of iron thereupon.

4th November (the Parliament being prorogued to the 5th) at eleven o'clock at night, Fawkes had prepared (by the procurement of the rest) touchwood and match, to give fire to the powder the next day.

That the treason being miraculously discovered, they put themselves, and procured others to enter, into open rebellion; and gave out most untruly it was for that the Papists' throats were to be cut.

The effect of that which SIR EDWARD COKE, Knight, his majesty's Attorney-general, said at the former arraignment, so near to his own words as it could be taken.

Ir appeareth to your lordships, and the rest of this most honourable and grave assembly, even by that which Mr. Sergeant hath already opened, that these are the greatest treasons that ever were plotted in England, and concern the greatest king that ever was of England. But when this assembly shall further hear and see discovered the roots and branches of the same, not hitherto published, they will say indeedQuis hæc posteris sic narrare poterit, ut facta non ficta esse videantur? That when these things shall be related to posterity, they will be reputed matters feigned, not done.

And

therefore, in this so great a cause, upon the carriage and event whereof the eye of all Christendom is at this day bent, I shall desire that I may, with your patience, be somewhat more copious, and not so succinct as my usual manner hath been, and yet will I be no longer than the very matter itself shall necessarily require. But before I enter into the particular narration of this cause, I hold it fit to give satisfaction to

some, and those well affected amongst us, who have not only marvelled, but grieved, that no speedier expedition hath been used in these proceedings, considering the monstrousness and continual horror of this so desperate a cause.

1. It is ordo naturæ, agreeable to the order of nature, that things of great weight and magnitude should slowly proceed, according to that of the poet, Tarda solet magnis rebus adesse fides. And surely of these things we may truly say, Nunquam ante dies nostros talia acciderunt, neither hath the eye of man seen, nor the ear of man heard, the like things to these.

2. Veritas temporis filia, Truth is the daughter of Time, especially in this case; wherein, by timely and often examinations, first, matters of greatest moment have been lately found out. Secondly, some known offenders, and those capital, but lately apprehended. Thirdly, sundry of the principal and arch-traitors, before unknown, now manifested as the Jesuits. Fourthly, heretical, treasonable, and damnable books, lately found out, one of equivocation, and another De officio principis Christiani, of Francis Tresham's.

3. There have been already twenty and three several days spent in examinations.

4. We should otherwise have hanged a man unattainted; for Guy Fawkes for a time passed under the name of John Johnson. So that, if by that name greater expedition had been made, and he hanged, though we had not missed of the man, yet the proceeding would not have been so orderly or justifiable.

5. The king, out of his wisdom and great moderation, was pleased to appoint this trial in time of assembly in Parliament, for that it concerned especially those of the Parliament.

Now, touching the offences themselves, they are so exorbitant and transcendant, and aggregated of so many bloody and fearful crimes, as

they cannot be aggravated by any inference, argument, or circumstance whatsoever, and that in three respects :-First, because this offence is primæ impressionis, and therefore sine nomine, without any name which might be adaquatum, sufficient to express it, given by any legist, that ever made or writ of any laws. For the highest treason that all they could imagine, they called it only crimen læsæ majestatis, the violating of the majesty of the prince. But this treason doth want an apt name, as tending not only to the hurt, but to the death of the king; and not the death of the king only, but of his whole kingdom, Non regis, sed regni, that is, to the dissolution of the frame and fabric of the ancient, famous, and ever-flourishing monarchy, even the deletion of our whole name and nation. "And therefore, hold not thy tongue, O God; keep not still silence; refrain not thyself, O God for lo thine enemies make a murinuring, and they that hate thee have lift up their heads. They have said, Come, and let us root them. out, that they be no more a people, and that the name of Israel may be no more in remembrance."-Psalm lxxxiii. 1-5. Secondly, it is sine exemplo, beyond all examples, whether in fact. or fiction, even of the tragic poets, who did beat their wits to represent the most fearful and horrible murders. Thirdly, it is sine modo, without all measure or stint of iniquity, like a mathematiical line, which is divisibilis in semper divisibilia, infinitely divisible. It is treason to imagine or intend the death of the king, queen, or prince.

For treason is like a tree, whose root is full of poison, and lieth secret and hid within the earth, resembling the imagination of the heart of man, which is so secret as God only knoweth it. Now, the wisdom of the law provideth for the blasting and nipping both of the leaves, blossoms, and buds which proceed from this root of treason, either by words which are like

B

to leaves, or by some overt act, which may be resembled to buds or blossoms, before it cometh to such fruit and ripeness as would bring utter destruction and desolation upon the whole state.

It is likewise treason to kill the lord chancellor, lord treasurer, or any justice of the one bench or other, justices of assize, or any other judge mentioned in the statute of 25 Edw. III., sitting in their judicial places, and exercising their offices. And the reason is, for that every judge so sitting by the king's authority, representeth the majesty and person of the king, and therefore it is crimen læsæ majestatis to kill him the king being always, in judgment of law, present in court, But in the high court of Parliament, every man, by virtue of the king's authority, by writ, under the great seal, hath a judicial place; and so, consequently, the killing of every of them had been a several treason, and crimen læsæ majestatis. Besides, that to their treasons were added open rebellion, burglary, robbery, horse-stealing, &c.; so that this offence is such as no man can express it, no example pattern it, no measure contain it.

Concerning foreign princes, there was here a protestation made for the clearing of them from all imputation or aspersion whatsoever. First, for that whilst kingdoms stood in hostility, hostile actions are holden honourable and just. Secondly, it is not the king's sergeant, attorney, or solicitor, that in any sort touch or mention them; for we know that great princes and personages are reverently and respectfully to be spoken of, and that there is lex in sermone tenenda. But it is Fawkes, Winter, and the rest of the offenders, that have confessed so much as hath been said; and, therefore, the king's council learned doth but repeat the offenders' confession, and charge or touch no other person. They have also slandered unjustly our great master King James, which we only repeat to

show the wickedness and malice of the offenders. Thirdly, so much as is said concerning foreign princes is so woven into the matter of the charge of these offenders, as it cannot be severed or singled from the rest of the matter; so as it is inevitable, and cannot be pretermitted.

Now, as this Powder Treason is in itself prodigious and unnatural, so is it in the conception and birth most monstrous, as arising out of the dead ashes of former treasons. For it had three roots, all planted and watered by Jesuits and English Roman Catholics. The first root in England, in December and March; the second in Flanders, in June; the third in Spain, in July. In England it had two branches; one in December was twelve months before the death of the late queen, of blessed memory; another in March, wherein she died.

First, in December, anno dom. 1601, do Henry Garnet, Superior of the Jesuits in England, Robert Tesmond, Jesuit, Robert Catesby, who was (homo subacto et versuto ingenio, et profunda perfidia) together with Francis Tresham, and others, in the names, and for the behalf, of all the English Roman Catholics, employ Thomas Winter into Spain, as for the general good of the Roman Catholic cause; and by him doth Garnet write his letters to Father Creswel, a Jesuit, residing in Spain, in that behalf. With Thomas Winter doth Tesmond, alias Greenway, the Jesuit, go, as an associate and confederate, in that conspiracy. The message (which was principally committed unto the said Winter) was, that he should make a proposition and request to the King of Spain, in the behalf and names of the English Catholics, that the king would send an army hither into England, and that the forces of the Catholics in England should be prepared to join with him, and do him service. And further, that he should move the King of Spain to bestow some pen