[383] Letter from Sir E. Hoby to Sir T. Edmondes. [384] Journals of the House of Commons, Jan. 28 1605-6. _Criminal Trials._ Jardine, p. 115, footnote. Sir Everard Digby was arraigned under a separate indictment from that of the other prisoners, and he was tried by himself after them; but he stood by them throughout the trial. The first indictment was very long. After a much spun-out preamble, it stated that the prisoners "traiterously[385] among themselves did conclude and agree, with Gunpowder, as it were with one blast, suddenly, traiterously, and barbarously to blow up and tear in pieces our said Sovereign Lord the King, the Excellent, Virtuous, and gracious Queen Anne his dearest Wife, the most Noble Prince Henry their Eldest Son, the future Hope and Joy of England, and the Lords Spiritual and Temporal; the Reverend Judges of the Realm, the Knights, Citizens, and Burgesses of Parliament, and divers other faithful Subjects and Servants of the King in the said Parliament," &c, "and all of them, without any respect of Majesty, Dignity, Degree, Sex, Age, or Place, most barbarously, and more than beastly, traiterously and suddenly, to destroy and swallow up." [385] _Gunpowder Treason_, Bp. Barlow, p. (3) The prisoners under this indictment pleaded "_Not Guilty_; and put themselves upon God and the Country." Sir Edward Philips, Sergeant at Law, then got upon his legs. The matter before the Court, he said, was one of Treason;[386] "but of such horrour, 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 never practised." [386] _Gunpowder Treason_, Bp. Barlow, p. (9). And, if it were "abominable to murder the least," and if "to touch God's annointed," were to oppose God himself, "Then how much more than too monstrous" was it "to murder and subvert Such a King, Such a Queen, Such a Prince, Such a Progeny, Such a State, Such a Government, So compleat and absolute; That God approves: The World admires: All true English Hearts honour and reverence: The Pope and his Disciples onely envies and maligns." The Sergeant, after dwelling briefly on the chief points of the indictment, and describing the objects of the conspiracy and the plan of the conspirators, sat down to make way for the principal counsel for the prosecution, His Majesty's Attorney-General, Sir Edward Coke.