traitorously provided and brought into the cellar aforesaid four hogsheads full of gunpowder, and laid divers great iron bars and stones upon the said four hogsheads, and the foresaid other quantities of gunpowder; and the said quantities of gunpowder, bars and stones, with billets and faggots, lest they should be espied, secretly and traitorously did likewise cover; and that the said Guy Fawkes afterwards, for a full and final accomplishment of the said treasons, traitorous intentions and purposes aforesaid, by the traitorous procurement as well of the said Henry Garnet, Oswald Tesmond, John Gerrard, and other Jesuits, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as of the said Robert Catesby, Thomas Percy, John Wright, Christopher Wright, and Francis Tresham, traitorously had prepared, and had upon his person touchwood and match, therewith traitorously to give fire to the several barrels, hogsheads, and quantities of gunpowder aforesaid, at the time appointed for the execution of the said horrible treasons; and further, that after the said horrible treasons were by the great favour and mercy of God in a wonderful manner discovered, not many hours before it should have been executed, as well the said Henry Garnet, Oswald Tesmond, John Gerrard, Robert Winter, Thomas Winter, Robert Keyes, Thomas Bates, John Grant, and Ambrose Rookwood, as the said Robert Catesby, Thomas Percy, John Wright, and Christopher Wright, traitorously did flee and withdraw themselves, to the intent traitorously to stir up and procure such Popish persons as they could, to join with them in actual, public, and open rebellion, against our said Sovereign Lord the King, and to that end did publish divers feigned and false rumours, that the Papists' throats should have been cut; and that thereupon divers Pa

pists were in arms, and in open, public, and actual rebellion against our said Sovereign Lord the King, in divers parts of this realm of England. To this indictment they all pleaded "Not Guilty," and put themselves upon God and the country.

Then did Sir EDWARD PHILIPS, Knight, his Majesty's Serjeant-at-Law, open the indictment to this effect as followeth :

THE matter that is now to be offered to you, my lords the commissioners, and to the trial of you the knights and gentlemen of the jury, is matter of treason; but of such horror, and monstrous nature, that before now

The tongue of man never delivered,
The ear of man never heard,

The heart of man never conceited,

Nor the malice of hellish or earthly devil ever practised.

For if it be abominable to murder the least; If to touch God's anointed be to oppose themselves against God;

If (by blood) to subvert princes, states, and kingdoms, be hateful to God and man, as all true Christians must acknowledge;

Then how much more than too monstrous shall all Christian hearts judge the horror of this treason, to murder and subvert

Such a king,

Such a queen,

Such a prince,

Such a progeny,

Such a state,

Such a government,

So complete and absolute;

That God approves :

The world admires :

All true English hearts honour and re

verence:

The Pope and his disciples only envy and malign.

The proceeding wherein is properly to be divided into three general heads.

1. First, matter of declaration.
2. Secondly, matter of aggravation.
3. Thirdly, matter of probation.

Myself am limited to deal only with the matter of declaration, and that is contained within the compass of the indictment only.

For the other two, I am to leave to him to whose place it belongeth.

The substance of which declaration consisteth in four parts.

1. First, in the persons and qualities of the conspirators.

2. Secondly, in the matter composed.

3. Thirdly, in the mean and manner of the proceeding and execution of the conspiracy. 4. And fourthly, of the end and purpose why it was so conspired.

All grounded Romanists, and corrupted scholars of so irreligious and traitorous a school.

As concerning the second, which is the matter conspired, it was—

1. First, to deprive the king of his crown. 2. Secondly, to murder the king, the queen, and the prince.

3. Thirdly, to stir rebellion and sedition in the kingdom.

4. Fourthly, to bring a miserable destruction among the subjects.

5. Fifthly, to change, alter, and subvert the religion here established.

6. Sixthly, to ruin the state of the commonwealth, and to bring in strangers to invade it.

As concerning the third, which is the mean and manner how to compass and execute the same, They did all conclude,

1. First, that the king and his people (the Papists excepted) were heretics.

2. Secondly, that they were all cursed and excommunicate by the Pope.

3. Thirdly, that no heretic could be king. 4. Fourthly, that it was lawful and meritorious to kill and destroy the king, and all the said heretics.

The mean to effect it they concluded to be,

That

1. The king, the queen, the prince, the lords spiritual and temporal, the knights and burgesses of the parliament, should be blown up with powder.

2. That the whole royal issue male should be destroyed.

3. That they would take into their custody Eli

zabeth and Mary, the king's daughters, and proclaim the Lady Elizabeth queen. 4. That they should feign a proclamation in the name of Elizabeth, in which no mention should be made of alteration of religion, nor that they were parties to the treason, until they had raised power to perform the same, and then to proclaim all grievances in the kingdom should be reformed.

That they also took several oaths, and received the sacrament,-first, for secresy; secondly, for prosecution, except they were discharged thereof by three of them.

That after the destruction of the king, the queen, the prince, the royal issue male, the lords spiritual and temporal, the knights and burgesses, they should notify the same to foreign states; and thereupon Sir Edmund Baynam, an attainted person of treason, and styling himself prime of the damned crew, should be sent, and make the same known to the Pope, and crave his aid-an ambassador fit, both for the message and persons, to be sent betwixt the Pope and the devil.

That the parliament being prorogued till the 7th of February, they in December made a mine under the House of Parliament, purposing to place their powder there; but the Parliament being then further adjourned till the 3rd of October, they in Lent following hired the vault, and placed therein twenty barrels of powder.

That they took to them Robert Winter, Grant, and Rookwood, giving them the oaths and sacrament as aforesaid, as to provide munition.

20th July they laid in ten barrels more of powder, laying upon them divers great bars of iron and pieces of timber, and great massive stones, and covered the same with faggots, &c.