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 confessions of some of the conspirators; and the speech of the attorney-general was founded, in a great measure, on the same confessions. Many things, indeed, could not have been made known in any other way. Several days had been occupied in examining the parties in prison; so that the law officers of the crown came to the trial amply prepared with materials. In tracing the progress of the treason, Sir Edward remarked, “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.” He then specifies some of the acts in which Garnet and others were concerned, previous to the accession of James, and which have already been detailed in a preceding chapter.