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.

Some important particulars are stated in the speech of Sir Edward Coke,
respecting the conduct of the government towards the papists, after
James's accession. During the reign of Elizabeth, severe measures were
never adopted against _recusants_, as Roman Catholics were then usually
designated in acts of parliament, until their own conduct, or at all
events, the conduct of some members of the church of Rome, rendered it
absolutely necessary. The laws, respecting which so much has been said
by Roman Catholic writers, were enacted in self-defence. Had there been
no treasons no such laws would have been devised; but when the members
of the church of Rome planned, and endeavoured to execute, treasons, and
of such a nature that the existing laws did not meet them, it became
necessary to devise such methods as should not permit the traitors to
escape. The origin, therefore, of the penal laws against the Romanists,
in the reign of Queen Elizabeth, is to be found in their own treasonable
practices; and the same remark will apply also to the reign of King
James. Indeed, James was disposed to act with all possible leniency.
Cruelty was foreign to his nature. Had the Romanists remained quiet,
none would have been punished during his reign for their religious
principles. Nay, so leniently did James act, even after the discovery of
the gunpowder treason, that the puritans hesitated not to charge him
with leaning towards popery.

The question relative to the penal laws is clearly an