7th of
January, 1605-6. The names of Garnet, Tesmond, and Gerrard, all jesuits,
were also specified in the indictment, though none of them were taken.
Garnet was subsequently apprehended; but the other two jesuits evaded
the pursuit of the officers of justice altogether. The jesuits are
specially charged in the indictment with persuading the other
conspirators to act, on the ground that the king was a heretic, and that
all heretics were accursed and excommunicated; and that, consequently,
it was lawful, nay even meritorious, to kill the king, for the
advancement of the see of Rome. The seven individuals before mentioned
are then charged with consenting, and with contriving the plot, in
conjunction with the jesuits. It appears to have been arranged by the
conspirators, not to mention at first anything concerning a change of
religion in the event of the success of the plot: and further, it was
agreed not to avow the treason, until they should have acquired
sufficient power to secure the completion of their plans. When the usual
questions were asked they all pleaded Not Guilty.

The indictment was opened by Sir Edward Philips, one of the king's
sergeants-at-law. This gentleman stated the case to the jury in a speech
partly political and partly theological. Treason was the subject, but,
said he, "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." In the course of his speech he further stated, that the
object of the traitors was "to deprive the king of his crown; to murder
the king, the queen, and the prince; to stir up rebellion and sedition
in the kingdom; to bring a miserable destruction upon the subjects; to
change, alter, and subvert the religion here established; to ruinate the
state of the commonwealth, and to bring in strangers to invade it." That
such were their objects there can be no doubt.

Sir Edward Coke, the attorney-general, followed in a long speech, in
which he stated, and then animadverted on, all their proceedings, from
the commencement of the plot until its discovery. "Surely," said Sir
Edward, "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."

The particulars recorded in the preceding chapters were many of them
taken from the