surped power of the see of
_Rome_, we have of former times about _thirteen_ several acts of
parliament, so that the crown and king of _England_ is no ways to be
drawn under the government of any foreign power whatsoever." This is an
important point. It was no new thing in England to enact laws against
the papal jurisdiction. The words of King James himself are very strong:
"I do constantly maintain, that no man, either in my time, or in the
late queen's, ever died here for his conscience. For let him be never so
devout a papist, nay, though he profess the same never so constantly,
his life is in no danger by the law, if he break not out into some
outward act expressly against the words of the law, or plot not some
unlawful or dangerous practice or attempt; priests and popish churchmen
only excepted, that receive orders beyond the seas; who for the manifold
treasonable practices that they have kindled and plotted in this
country, are discharged to come home again under pain of treason, after
their receiving of the said orders abroad; and yet without some other
guilt in them than bare homecoming, have none of them been ever put to
death[20]." The laws regarded not their religious opinions, but their
practices. Will any papist assert that the priests and others did not
endeavour to compass the death of Elizabeth, and to exclude King James
from the throne?

[Footnote 20: King James's Works, fol. 336.]

It is remarked by Sir Edward Coke, in the address to the jury, that
during the year and four months since James's accession, no penalty had
been inflicted on any recusant. The conspirators could not, therefore,
allege that they were driven to such a desperate course, by the harsh
treatment which they had received. The plea of religion was, however,
urged by these men: and that plea was especially grounded on the laws
which had been enacted in the late reign against recusants. They
appeared to exult in the fact, that the place in which the unjust laws,
as they termed them, had been framed, would be the scene of vengeance.

When the attorney-general had finished his address to the jury, the
confessions of the conspirators were read, and acknowledged by the
parties. It was proved on the trial that Hammond, a jesuit, after the
discovery of the treason, actually gave the conspirators absolution on
Thursday, November the 7th. This act is conclusive as to the part taken
by the jesuits in the plot.

A verdict of _guilty_ was