1. THat for many years now last past , there hath been contrived and carried on by Papists , a Trayterous and execrable Conspiracy and Plot within this Kingdom of England , and other places ; to Alter , Change , and Subvert the Ancient Government and Laws of this Kingdom and Nation , and to Suppress the True Religion therein Established , and to Extirpate and Destroy the Professors thereof ; which said Plot and Conspiracy was contrived and carried on in divers Places , and by several ways and means , and by a great number of Persons of several Qualities and Degrees who Acted therein , and intended thereby to Execute and Accomplish the aforesaid Wicked and Traiterous Designs and Purposes .

That the said William Earl of Powis , William Viscount Stafford , Henry Lord Arundel of Wardour , William Lord Petre , and John Lord Bellasis , together with Philip Howard , commonly called Cardinal of Norfolk , Thomas White alias Whitebread , commonly called Provincial of the Jesuits in England , Richard Strange , lately called Provincial of the Jesuits in England Vincent commonly called Provincial of the Dominicans in England . James Corker , commonly called President of the Benedictines . Sir John Warner , alias Clare Baronet , William Harcourt , John Kenis , Nicholas Blundel , — Poole , Edward Mico , Thomas Bedingfield alias Benefield , Basil Langworth , Charles Peters , Richard Peters , John Conyers , Sir George Wakeman , Thomas Fenwick , Dominick Kelly , Fitzgerald , Evers , Sir Thomas Preston , William Lovel Jesuits , Lord Baltamore , John Carrel , John Townely , Richard Langhorn , William Fogarty , Thomas Penny , Matthew Medbourn , Edward Coleman , William Ireland , John Grove , Thomas Pickering , John Smith ; and divers other Jesuits , Priests , Fryers , and other Persons , as false Traytors to his Majesty , and this Kingdom , within the time aforesaid , have Traiterously Consulted , Contrived , and Acted to , and for the accomplishing of the said wicked , pernitious and Traiterous Designs , and for that end did most wickedly , and Traiterously agree , Conspire , and resolve to Imprison , Depose and Murder his Sacred Majesty ; and to deprive him of his Royal State , Crown and Dignity , and by malicious and advised speaking , writing , and otherwise , declared such their Purposes and Intentions .

And also to subject this Kingdom and Nation to the Pope , and to his Tyrannical Government .

And to seize and share amongst themselves the Estates and Inheritances of his Majesties Protestant Subjects .

And to Erect and Restore Abbeys , Monasteries , and other Convents and Societies , which have been long since by the Laws of this Kingdom suppressed for their Superstition and Idolatry , and to deliver up and restore to them the Lands and Possessions now vested in his Majesty and his Subjects , by the Laws and Statutes of this Realm : And also to Found and Erect new Monasteries and Convents , and to remove and deprive all Protestant Bishops , and other Ecclesiastical persons from their Offices , Benefices and Preferments .

And by this means to destroy his Majesties Person , extirpate the Protestant Religion , overthrow the Rights , Liberties , and Properties of all his Majesties good Subjects , Subvert the lawful Government of this Kingdom , and subject the same to the Tyranny of the See of Rome .

3. That the said Conspirators and their Complices and Confederates , Traiterously had and held several Meetings , Assemblies , and Consultations , wherein it was Contrived and Designed among them what means should be used , and what Persons and Instruments should be Employed to Murder his Majesty ; And did then and there resolve to effect it by Poisoning , Shooting , Stabbing , or some such like ways and means , and offered Rewards and Promises of advantage to several persons to execute the same , and hired and imployed several wicked persons to go to Windsor and other places where his Majesty did reside , to murder and destroy his Majesty , which said persons or some of them accepted such Rewards , and undertook the perpetrating thereof , and did actually go to the said Places for that end and purpose .

4. That the said Conspirators the better to compass their Trayterous Designs , have Consulted to Raise , and have procured and raised Men , Money , Horses , Arms and Ammunition , and also have made Application to , and Treated and Corresponded with the Pope , his Cardinals , Nuncioes and Agents , and with other Forreign Ministers and Persons to raise and obtain Supplies of Men , Money , Arms and Ammunition therewith to make , levy and raise War , Rebellion and Tumults within this Kingdom , and to Invade the same with Forreign Forces , and to surprize , seize , and destroy His Majesties Navy , Forts , Magazines and places of strength within this Kingdom , whereupon the Calamities of War , Murders of Innocent Subjects , Men , Women and Children , Burnings , Rapines , Devastations , and other dreadful Miseries and Mischiefs must inevitably have ensued to the ruine and destruction of this Nation .

5. And the said Conspirators have procured and accepted , and delivered out several Instruments , Commissions and Powers made and granted by , or under the Pope , or other Vnlawful and Vsurped Authority , to raise and dispose of Men , Moneys , Arms , and other things necessary for their wicked and traiterous Designs , and namely a Commission for the said Henry Lord Arundel of Wardour to be Lord Chancellor of England , another Commission to the said William Earl of Powis to be Lord Treasurer of England , another Commission to the said John Lord Bellasis to be General of the Army to be raised , another Commission to the said William Lord Petre to be Lieutenant General of the same Army , and a Power for the said William Viscount Stafford to be Paymaster of the Army .

6. That in order to encourage themselves in Prosecuting their said wicked Plots , Conspiracies and Treasons , and to hide and hinder the Discovery of the same , and to secure themselves from Justice and Punishment , the Conspirators aforesaid , their Complices and Confederates , have used many wicked and diabolical Practices , ( viz. ) They did cause their Priests to Administer to the said Conspirators an Oath of Secrecy together with their Sacrament , and also did cause their said Priests upon Confessions to give their Absolutions upon Condition that they should conceal the said Conspiracy .

And when about the Month of September last Sir Edmundbury Godfrey a Justice of Peace , had according to the Duty of his Oath and Office taken several Examinations & Informations concerning the said Conspiracy and Plot , the said Conspirators or some of them by Advice , Assent , Counsel and Instigation of the rest , did incite and procure divers Persons to lie in wait and pursue the said Sir Edmundbury Godfrey divers days , with intent to Murder him , which at last was perpetrated and effected by them , ( for which said horrid Crimes and Offences Robert Green , Henry Berry , and Lawrence Hill have since been Attainted , and Dominick Kelly and Girald and others are fled for the same ) After which Murder , and before the Body was found , or the Murder known to any but the Complices therein , the said Persons falsly gave out , that he was alive and privately Married ; And after the Body found , dispersed a false and malitious Report , That he had Murdered himself .

Which said Murther was committed with design to stifle and suppress the Evidence he had taken and had knowledge of , and discourage and deter Magistrates and Others , from Acting in further Discovery of the said Conspiracy and Plot : For which end also , the said Sir Edmundbury Godfrey , while he was alive , was by them , their Complices and Favourers , threatned and discouraged in his proceedings about the same .

7. And of their further Malice , they have wickedly contrived , by many false Suggestions , to lay the Imputation and Guilt of the aforesaid Horrid and Detestable Crimes upon the Protestants ; that so thereby they might escape the Punishments they have justly deserved , and expose the Protestants to great Scandal , and subject them to Persecution and Oppression in all Kingdoms and Countries , where the Romish Religion is received and professed .

All which Treasons , Crimes and Offences above mentioned , were Contrived , Committed , Perpetrated , Acted and done by the said William Earl of Powis , William Viscount Stafford , William Lord Petre , Henry Lord Arundel of Wardour , and John Lord Bellasis , and other the Conspirators aforesaid , against our Sovereign Lord the KING , His Crown and Dignity , and against the Laws and Sta ▪ tutes of this Kingdom .

Of all which Treasons , Crimes , and Offences , the Knights , Citizens and Burgesses in Parliament Assembled , do in the Name of themselves , and of all the Commons of England , Impeach the said William Earl of Powis , William Viscount Stafford , William Lord Petre , Henry Lord Arundel of Wardour , and John Lord Bellasis , and every of them .

And the said Commons by protestation , saving to themselves the liberty of exhibiting at any time hereafter , any other Accusations or Impeachments , against the said William Earl of Powis , William Viscount Stafford , William Lord Petre , Henry Lord Arundel of Wardour , and John Lord Bellasis , and every of them ; And also of replying to the Answers , which they , and every of them shall make to the Premises , or any of them ; or to any other Accusation or Impeachment , which shall be by them Exhibited ( as the cause according to Course and Proceedings of Parliament shall require ) do pray that the said William Earl of Powis , William Viscount Stafford , William Lord Petre , Henry Lord Arundel of Wardour , and John Lord Bellasis , and every of them , be put to Answer all , and every the Premises ; And that such Proceedings , Examinations , Trials and Judgments , may be upon them , and every of them , had and used , as shall be agreeable to L●v and Justice , and Course of Parliament .

MAy it please your Lordships : By the Command of the House of Commons , who have imposed upon Us this Task , we are here to Prosecute this great Charge against the Prisoner the Lord at the Bar. My Lords , There are two Parts that are in this great Charge , there is a General , which is the Subversion of the whole Nation , the King Himself to be Murdered , the Protestant Religion to be Suppressed , War to be introduced , and those other things that are expressed in the Articles . This General is charged in particular upon this Lord ; And my Lords , it was in consideration how far it was fit to meddle with this General at this particular Tryal . For if this Lord be guilty of such Crimes , it will prove well enough that there was such a Plot ; but , my Lords , withall we did consider when the first Discovery of this Plot was made , how afterwards it took cold , how rumors were raised against it , how there were endeavours to suppress the belief of it , and therefore my Lords , we do conceive that it is fit we should first settle that , that there was a general Plot , a Plot of such a Nature as the Articles express .

Some Objections we thought there might be raised , because it hath been so long in the World , some years now since the Discovery of it , some persons , that is some ten or eleven Prosecuted and Atatinted for it , and therefore that might have been satisfaction enough that such a Plot there was ; besides , that there have been publick Declarations of the Particulars to the World ; But being now to proceed before your Lordships in a judicial way ; We did think fit , and we hope your Lordships will approve of it , to spend some time in the Proof of the general Plot , which we hope will be to the satisfaction of your Lordships and the whole World ; for we do not think that England only looks into this days Tryal , but the whole World one way or other , the whole Christian World is concerned in it . My Lords , after the Publication of these things , ( which were not judicial ) how far your Lordships will believe them as Judges , we know not , we will prove it now , that their Policies and Contrivances may be laid open to the World ; And first we offer it to your Lordships , because we have made it part of the Charge : And secondly we shall do it , because we think your Lordships are not obliged to believe things that are in Print , till we prove them by Witnesses judicially before you . But the main Reason why we do it is , because we would touch upon those Endeavours that have been used to make this seem as if it were a kind of State Plot , I know not what to call ●t , a Chimaera , an Imagination , and not a real thing . This they laboured many ways to effect , but we shall prove that it is a very real and a very true one ,

When that Oats first made a Discovery , it seems it had not that weight , that we think now it will clearly have with your Lordships ; and had not the Murder of Sir Edmundbury Godfrey followed in the Neck of it , the World as it was asleep would have lain so , but that awaked us .

My Lords , it fell out in this Case as it did in another , when Cateline the Traytor was a great way off Rome , and four other Lords with him , Cassius , Cethegus and others , five in all , it came to pass , that as the great Orator that was at that time said , Many were so ignorant that they would not think it , many were so unwise they would not believe it ; some so ill that they would favour it ; & some so much worse that they did Foster it : but all of them in not believing it , gave strength to the Conspiracy & the Treason . And so it did here , for we look not upon our selves as discharg'd from the Treason when Discover'd , but when Prevented .

My Lords , another Reason to induce us into the Proof of the main Plot is this , We do not look upon it as a particular Offence , as if one Lord was only to be questioned and appear before your Lordships judicially for it ; he is indeed only before you at this time to receive his Tryal , and your Judgment : But my Lords , this is a Treason of a Faction , and of a general Party in the Nation , 't is not this or that Lord , but a great number ; 't is not this or that Lord that is mentioned in the Articles , but the Conspiracy is of a great Faction . This we do think , and this makes us so earnest to press the general before your Lordships , that we may give satisfaction to your Lordships and the World what this Plot hath been ; and how carried on every where .

My Lords , The Consequence of that is very great ; for my Lords , if there were a general Design , and a general Plot , as clearly there was , for some were to act in Spain , and some in France , some in other places , some in Ireland , Scotland and England ; and a great number of Jesuits , ( we have a matter of Thirty in Chase about this business : ) I say my Lords , if it be so , if one Action be in one place , and another in another , yet if there be a common Consent to accomplish this Plot , then what the one does , is the Act of All , and the Act of All is the Act of every one .

My Lords , The Persons were many , and the Places and Times many they acted in , and the Designs which they were to accomplish , and the means wherewith they were to accomplish them were many too : Great , and wicked were their Designs to destroy our King , to take him out of the World ; and why ? upon hopes of better times to them under him that should succeed him . Another part of the Design was , to destroy , not this or that man that stood in their way , but the whole Body of the Protestants here in England ; not a Murder , but a Massacre and a Slaughter of all whosoever they were that came near them , and none were to escape , for if any meant to flee , they would be sure to cut them off ; nay , not only to destroy our King , though that be the greatest Offence that our Law can take hold off , but to destroy our Religion , and to destroy us , because of our Religon .

To accomplish this ( that we may open the generals of it ) Arms were to be provided , Men to be raised , an Army was formed in effect , and who to Lead , and who to Command , and who to pay ; But my Lords , not only were Arms to be had here among our selves , but a French Aid must be fetch'd in , Assistance from France must come too , Intelligences and Letters are written , and Correspondencies had , and Aids promised by the Ministers from thence .

My Lords , 'T is a strange thing that English men should contrive to have an Invasion of Strangers upon their own Country , and surely they are the worst Biggots in the world that were so zealous to destroy their own Nation , and they were not wise sure , to think , that if the French did come in , they should continue great Lords or great Men , and yet thus it was in general ; It is very strange that it should enter into the heart of any man to destroy so many persons : But my Lords , if we look upon what did incourage them , and what confirmed them in this Design , and what they have published to the world about their Religion , we shall not wonder at it , since they tell us 't is lawful to kill an Heretick King , and the King of England is an Heretick they say , and so declared , so that whosoever would Kill him , did a lawful and pious piece of Service to God ; Nay , not only so , but a Meritorious and Glorious one too , for which they may be Canonized for Saints .

My Lords , we find it is no new thing , look into all the Nations where the Pope hath any Power , or a possibility of hope to gain a Power , nothing hath been able to stand in their way , but they have broken through all the Bonds of Nature , and other Obligations to attain their Ends. Look into Spain , King Philip there removed his own Son , by what means the Story tells us , he was Heir apparent , but he was a Protestant : and there also the Father puts Fire to his own Daughter because she was a Protestant , there a Spaniard goes from Spain into Germany to murder , and did murder his Brother for no other cause but because he was a Protestant . Leave Spain and go into France , what Massacres have been committed there under the colour of a Marriage in Queen Elizabeth's time , and before that how many hundred Albingenses and Waldenses have been put to the Sword for Religion . Come we to our own Country , and look into England what hath been done here , when Queen Elizabeth had a Successor of another Religion , how many Attempts were there made upon her Person to bring that Successor in ? When King James came to the Crown let us remember the Gunpowder Treason , wherein all the Nation was to be destroyed , King , Lords , and Commons together , and in Parliament assembled were then to be a Sacrifice , a Burnt-offering , though they might call it a Peace-offering : for these Gentlemen are for Sacrifices of Blood as Peace-offerings , to reconcile us to the Pope . If this be made out , we think , their Principles having produced these fruits in other Ages , we may believe they would do so now .

What has been said as History of former times is not offered as Evidence of Fact to the present Case , but induces a probability that what hath been done by such persons may be done by them again . But , my Lords , we shall make it clear , and bring it home to this Lord , that he hath had his Head , his Tongue , his Hand , his Heart and his Purse in this damnable and horrible Contrivance and Treason for the destroying of the King , the Government , our Religion , and our Nation . We shall bring it home to him : But my part is only to open the general Conspiracy . And indeed my Lords , it is an heavy burden on my aged Shoulders , considering that the Winter of Infirmity and Age is growing so fast upon me .

My Lords , the particulars concerning this Noble Lord , because the Credit of it rests on the Testimony only of one man , viz. Mr. Oats , whose Testimony being taken by Sir Edmunbury Godfrey a Justice of Peace , and kept in writing by him , then Sir Edmundbury Godfrey was way-laid , and murdered by men of the Popish Religion , thereby to suppress the Examination that he had taken .

This startled and opened the eyes of the world to look about us for farther Discovery , lest we should be led as Oxen to the slaughter not knowing whether we went .

Afterward it pleased God to bring some of their own Religion and party to make farther Discovery . Whereupon several Jesuits Guilty of the Plot were therefore Prosecuted and brought to Judgment and Death .

After the Murder of Godfrey several Fables were spread abroad , as if he were alive and Married , as was declared to several Lords , others of the party Reported he had Murdered himself ; but his Body being found ; it was hard for the party to invent or tell , whether he first strangled himself , and then run himself through , or first run himself through , and then strangled himself ; that was a Dilemma to disprove their Fables touching Godfrey's Murder .

It then fell out , that Mr. Bedlow came as a second Discoverer , whose Testimony Concurred with Oats . And then there being two Witnesses , as is necessary in case of Treason , the Design was to take off Bedlow that there should remain but one , a single Witness . In order to which Reading tempts Bedlow with Rewards to lessen his former Testimony , and qualifies that which he had deposed positively was but matter of hear say ; For which Reading the Instrument in that Design and Attempt , was Indicted and Convicted by three Witnesses , and suffered accordingly .

But then this Attempt upon Bedlow failing , the next Attempt was to take off Oats his Testimony , by charging him with an Infamous offence ; for which purpose one Knox is imployed , who Suborns Lane and Osborn , and they Swore it against Oats . But on Re-examination Confess the Subornation and Falshood of their Design : and Knox and Lane are therefore Indicted and found Guilty .

Thus when the Treason was discovered , the Murder of an Officer of Justice is made the means to hide it , and then False and Infamous stories set on Foot of that Officer to hide that Murder ; and Perjury and Subornation the means to blast the Discoverers .

These wicked and ill practices we take to be a second reproof of the Plot both in general and particular , the Records of which Convictions are here before your Lordships ready to be proved . For Cui bono ? none would do such wicked practices but to hide a greater Sin and worse Designs if possible will be opened , and proved by one to whom that is particularly appointed .

My Lords , we speak this that the World may receive Satisfaction we will let our Evidence be all open and publick in the face of the Sun , and shew we go not about by private Subornations , though there are endeavours to encounter us by such .

My Lords , If we make out these things , here is Matter enough for the Satisfaction of the World as to the general Contrivance ; But my Lords , As you sit here as Judges of this Lord , the Prisoner at the Bar , we must bring it down to particular Persons , and we shall do it even to him that those things which were mentioned in General were his Contrivance at least-wise , as a man highly ▪ deeply guilty of Conspiring the Kings Death , and in order to that , of raising an Army , and the other things that have been opened .

My Lords , I beseech you to pardon me if I have troubled you too long ; The Particulars were many , and I have had little help to prepare it from any body but my self , but I submit my self to your Lordships , and hope that what is wanting in me will be supplyed by others that follow ; and I also hope you will find no defect in our Evidence at all , whatsoever may have been in the opening of it .

I Shall begin where Mr. Serjeant Maynard ended , and confine my self to this Case as it stands before you , and to open the particular Evidence relating to the Lord , the now Prisoner at the Bar.

My Lords , I look upon the Cause of this day to be the Cause of the Protestant Religion , and I doubt not but that Plot which has alarm'd all Christendom , will be so clearly made out in this Tryal , that the most malicious of our Enemies will henceforth want Confidence to deny it .

That the Religion of the Papists does countenance and encourage the Murdering of Princes , the Massacring of such as they miscall Hereticks , and the committing of all sorts of Impiety in order to promote their Superstitions , and Idolatries , has been mentioned by the Gentleman who spoke before me , and I should mispend time to say more of a truth so well known in so great and so learned a Presence . I will therefore directly apply my self to the Business of the day , to represent to your Lordships our Evidence of the Plot in general , and of the Guilt of this Lord at the Bar in particular .

In order to which , I shall crave your Lordships leave that I may use this method ;

First , To shew what advantageous opportunities the Papists had to enter into , and undertake this great and detestable Conspiracy .

Secondly , To prove the reality of the Plot in general , which I look upon as a very easie undertaking .

Thirdly , To state the particular Evidence against the Prisoner at the Bar by which he will appear to have been one of the principal Conspirators in this horrid Design , to murder our Soveraign , ( whom God preserve ) to extirpate the Protestant Religion , and to subvert totally the Government and Fundamental Laws of this Kingdom .

My Lords , To shew what extraordinary Advantages the Papists had to enter upon this Conspiracy , will very naturally lead us into our Proof of it , and therefore I shall speak somewhat to that in the first place . It is not unknown to your Lordships , or to any others who have in the least degree inquired into Affairs , that His Majesty has been so unhappy as that ( unawares to him ) some Ministers who have been Papists at the Bottom , and others that have drove on their Interest , have crept into his Councils , and thereby gave great opportunities to advance Popery .

'T is most true , that as soon as these ill Ministers were detected , and their ill Designs discovered , His Majesty did discharge them . But to the misfortune of the King and his People , as ill men have been recommended to succeed them , and came into their places .

In the next place , my Lords , There did appear in some men too easie and favourable a disposition towards the Papists . They were grown strangely moderate towards these old Enemies of our Church and State . New Projects of Reconciling us were set on foot , and Books were written to distinguish the Church of Rome from the Court of Rome . One of those Books , which was printed the year before the Discovery of the Plot , pretends , That there ought to be a Difference made between Papists of Loyal and Disloyal ●●●nciples . This Book , as it was written more artificially than the rest , and published in so critical and dangerous a juncture , deserves , and I doubt not in time will have , a particular Consideration . 'T is easie to believe how great Encouragement this must give to the Romanists , to see how very willing men were to meet them , and how freely the Pen was drawn in their favour .

Another great Encouragement , my Lords , which the Papists had , was , That by the means of those Ministers who were secretly of their Faction , whensoever His Majesty was pleased to command the Laws made against them in the Reign of Queen Elizabeth and King James , to be put in due Execution , his good Intentions were frustrated , and the Severity of those Laws was turned upon the Protestant Dissenters . This was a Masterpiece of Rome , not only to divert from themselves the edge of those Laws which were designed against them ; but to turn them upon the Protestants , and to make them useful to advance the Romish Interest . And when they had thus divided and distracted us , then was the fairest time for them to attempt to destroy us utterly , and to make sharp their Weapons in order to a Massacre .