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which had been indeed very great between them, that he would declare the person; which he did presently, and said it was Mr. Comptroller. At which speech Mr. Secretary straight took hold, and said, that he was glad to hear him named of all others; for howsoever some malicious person might peradventure have been content to give credit to so injurious a conceit of him, especially such as were against the peace wherein he was employed, and for which the Earl of Essex had ever hated him, being ever desirous to keep an army on his own dependency, yet he did think no man of any understanding would believe that he could be so senseless as to pick out the Earl of Essex, his uncle, to lay open to him his affection to that nation, in a matter of so odious and pernicious consequence; and so did very humbly crave it at the hands of the lord steward, and all the peers, that Mr. Comptroller might be sent for, to make good his accusation.

Thereupon the lord steward sent a serjeant at arms for Mr. Comptroller, who presently came thither, and did freely and sincerely deliver, that he had only said, though he knew not well to whom, that Mr. Secretary and he, walking in the garden at court one morning about two years since, and talking casually of foreign things, Mr. Secretary told him, that one Doleman had maintained in a book, not long since printed, that the Infanta of Spain had a good title to the crown of England: which was all, as Mr. Comptroller said, that ever he heard Mr. Secretary speak of that matter. And so the weak foundation of that scandal being quickly discerned, that matter ended; all that could be proved being no other, than that Mr. Comptroller had told another, who had told the Earl of Essex, that Mr. Secretary said to him that such a book said so; which every man could say that hath read it, and no man better knew than the earl himself, to whom it was dedicated.

Defence. To the point of both their protestations, that they intended no hurt to her majesty's person. Reply. First, the judges delivered their opinions for matter in law upon two points: the one, that in case where a subject attempteth to put himself into such strength as the king shall not be able to resist him, and to force and compel the king to govern otherwise than according to his own royal authority and direction, it is manifest rebellion. The other, that in every rebellion the law intendeth as a consequent, the compassing the death and deprivation of the king, as foreseeing that the rebel will never suffer that king to live or reign, which might punish or take revenge of his treason and rebellion. And it was enforced by the queen's counsel, that this is not only the wisdom of the laws of the realm which so defineth of it, but it is also the censure of foreign laws, the conclusion of common reason, which is the ground of all laws, and the demonstrative asser

tion of experience, which is the warranty of all reason. For, first, the civil law maketh this judgment, that treason is nothing else but "erimen læsæ majestatis," or "diminutæ majestatis," making every offence which abridgeth or hurteth the power and authority of the prince, as an insult or invading of the crown, and extorting the imperial sceptre. And for common reason, it is not possible that a subject should once come to that height as to give law to his sovereign, but what with insolency of the change, and what with terror of his own guiltiness, he will never permit the king, if he can choose, to recover authority; nor, for doubt of that, to continue alive. And, lastly, for experience, it is confirmed by all stories and examples, that the subject never obtained a superiority and command over the king, but there followed soon after the deposing and putting of the king to death, as appeareth in our own chronicles, in two notable particulars of two unfortunate kings: the one of Edward the Second, who, when he kept himself close for danger, was summoned by proclamation to come and take upon him the government of the realm: but as soon as he presented himself was made prisoner, and soon after forced to resign, and in the end tragically murdered in Berkley Castle. And the other of King Richard the Second, who, though the Duke of Hereford, after King Henry the Fourth, presented himself before him with three humble reverences, yet in the end was deposed and put to death.

Defence. To the point of not arming his men otherwise than with pistols, rapiers, and daggers, it was replied:

Reply. That that course was held upon cunning, the better to insinuate himself into the favour of the city, as coming like a friend with an All hail, or kiss, and not as an enemy, making full reckoning that the city would arm him, and arm with him; and that he took the pattern of his action from the day of the barricadoes at Paris, where the Duke of Guise entering the city but with eight gentlemen, prevailing with the city of Paris to take his part, as my Lord of Essex, thanks be to God, failed of the city of London, made the king, whom he thought likewise to have surprised, to forsake the town, and withdraw himself into other places, for his farther safety. And it was also urged against him, out of the confession of the Earl of Rutland and others, that he cried out to the citizens, "That they did him hurt and no good, to come without weapons;" and provoked them to arm: and finding they would not be moved to arm with him, sought to arm his own troops.

This, point by point, was the effect of the reply. Upon all which evidence both the earls were found guilty of treason by all the several voices of every one of the peers, and so received judgment.

The names of the peers that passed upon the trial of | at the bar, concerning the matter of the Infanta,

the two earls.

Earl of Oxford.
Earl of Shrewsbury.
Earl of Derby.
Earl of Cumberland.
Earl of Worcester.
Earl of Sussex.
Earl of Hertford.
Earl of Lincoln.

Earl of Nottingham.
Lord Viscount Bindon.
Lord De la Ware.
Lord Morley.

Lord Cobham.
Lord Stafford.
Lord Gray.
Lord Lumley.
Lord Windsor.

Lord Rich.

with signification of his earnest desire to be reconciled to them, which was accepted with all Christian charity and humanity; he proceeded to accuse heavily most of his confederates for carrying malicious minds to the state, and vehemently charged Cuffe his man to his own face, to have been a principal instigator of him in his treasons; Lord Darcy de Chichey. and then disclosed how far Sir Henry Neville, her majesty's late ambassador, was privy to all the conspiracy; of whose name till then there had not been so much as any suspicion. And, farther, at the lords' first coming to him, not sticking to confess that he knew her majesty could not be safe while he lived, did very earnestly desire this favour of the queen, that he might die as privately as might be.

Lord Chandos.

Lord Hunsdon.
Lord St. John de Bletso.
Lord Compton.
Lord Burghley.
Lord Howard of Walden.

The names of the judges that assisted the court.
Lord Chief Justice.
Lord Chief Justice of

the Common Pleas. Lord Chief Baron. Justice Gawdy.

Justice Fenner.
Justice Walmsly.
Baron Clerke.
Justice Kingsmill.

Some particulars of that which passed after the arraignment of the late earls, and at the time of the suffering of the Earl of Essex.

And the morning before his execution, there being sent unto him, for his better preparation, Mr. Doctor Mountford, and Mr. Doctor Barlow, to join with Mr. Abdy Ashton, his chaplain, he did in many words thank God that he had given him a deeper insight into his offence, being sorry he had so stood upon his justification at his arraignment: since which time, he said, he was become a new man, and heartily thanked God also that his course was by God's providence prevented. For, if his project had taken effect, "God knoweth," said he, "what harm it had wrought in the realm."

He did also humbly thank her majesty, that he should die in so private a manner, for he suffered in the Tower yard, and not upon the hill, by his own special suit, lest the acclamation of the people, for those were his own words, might be a temptation to him: adding, that all popularity and trust in man was vain, the experience whereof himself had felt: and acknowledged farther unto them, that he was justly and worthily spewed out, for that was also his own word, of the realm, and that the nature of his offence was like a leprosy that had infected far and near. And so likewise at the public place of his suffering, he did use vehement detestation of his offence, desiring God to forgive him his great, his bloody, his crying, and his infectious sin; and so died very penitently, but yet with great conflict, as it should seem, for his sins. For he never mentioned, nor remembered there, wife, children, or friend, nor took particular

But the Earl of Essex, finding that the consultation at Drury House, and the secret plots of his premeditated and prepensed treasons were come to light, contrary to his expectation, was touched, even at his parting from the bar, with a kind of remorse; especially because he had carried the manner of his answer, rather in a spirit of ostentation and glory, than with humility and penitence and brake out in the hall, while the lords were in conference, into these words; "That seeing things were thus carried, he would, ere it be long, say more than yet was known." Which good motion of his mind being, after his coming back to the Tower, first cherished by M. D. of Norwich, but after wrought on by the religious and effectual persuasions and exhortations of Mr. Abdy Ashton, his chaplain, the man whom he Inade suit by name to have with him for his soul's health, as one that of late time he had been most used unto, and found most comfort of, comparing it, when he made the request, to the case of a patient, that in his extremity would be desirous to have that physician that was best acquainted leave of any that were present, but wholly abwith his body; he sent word the next day, to de-stracted and sequestered himself to the state of sire to speak with some of the principal counsel- his conscience, and prayer.

lors, with whom he desired also that particularly Mr. Secretary might come for one. Upon which his request, first the lord admiral and Mr. Secretary, and afterwards at two several times the lord keeper of the great seal, the lord high treasurer, the lord high admiral, and Mr. Secretary repaired unto him before whom, after he had asked the ' lord keeper forgiveness, for restraining him in his house, and Mr. Secretary for having wronged him

The effect of that which passed at the arraignments
of Sir CHRISTOPHER BLUNT, Sir CHARLES DA-
VERS, Sir JOHN DAVIS, Sir GILLY MERICK, and
HENRY CUFfe.

The fifth of March, by a very honourable commission of Oyer and Terminer, directed to the Lord High Admiral, the Lord Chamberlain, Mr.

cogitation to have destroyed the queen's person; yet, nothing was more variable and mutable than the mind of man, and especially "Honores mutant mores:" when they were once aloft, and had the queen in their hands, and were peers in my Lord of Essex his parliament, who could promise of what mind they would then be ? especially when my Lord of Essex at his arraignment had made defence of his first action of imprisoning the privy counsellors, by pretence that he was enforced to it by his unruly company. So that if themselves should not have had, or would not seem to have had, that extreme and devilish wickedness of mind, as to lay violent hands upon the queen's sacred person; yet, what must be done to satisfy the multitude and secure their party, must be then the question: wherein the example was remembered of Richard the Third, who, though he were king in possession, and the rightful inheritors but infants, could never sleep quiet in his bed, till they were made away. Much less would a Catilinary knot and combination of rebels, that did rise without so much as the fume of a title, ever endure, that a queen that had been their sovereign, and had reigned so many years in such renown and policy, should be longer alive than made for their own turn, And much speech was used to the same end. So that in the end all those three at the bar said, that now they were informed, and that they descended into a deeper consideration of the matter, they were sorry they had not confessed the indictment. And Sir Christopher Blunt, at the time of his suffering, discharged his conscience in plain terms, and said publicly before all the people, that he saw plainly with himself, that if they could not have obtained all that they would, they must have drawn blood even from the queen herself.

Secretary, the Lord Chief Justice of England, Mr. | protestations were so far true, that they had not Chancellor of the Exchequer, Mr. Secretary Her- at that time in their minds a formed and distinct bert, with divers of the judges, the commissioners sitting in the court of the Queen's Bench, there were arraigned and tried by a jury both of aldermen of London, and other gentlemen of good credit and sort, Sir Christopher Blunt, Sir Charles Davers, Sir John Davis, Sir Gilly Merick, and Henry Cuffe. The three first whereof, before they pleaded, asked this question of the judges: Whether they might not confess the indictment in part, and plead not guilty to it in the other part? But being resolved by the judges, that their pleading must be general; they pleaded Not guilty, as did likewise the other two, without any such question asked. The reason of that question was, as they confessed, in respect of the clause laid in the indictment; That they intended and compassed the death and destruction of the queen's majesty unto whose person, although they confessed at the bar, as they had done in their examinations, that their meaning was to come to her in such strength, as they should not be resisted, and to require of her divers conditions and alterations of government, such as in their confessions are expressed, nevertheless they protested, they intended no personal harm to herself. Whereupon, as at the arraignment of the two earls, so then again the judges delivered the rule of the law; that the wisdom and foresight of the laws of this land maketh this judgment: That the subject that rebelleth or riseth in forcible manner to overrule the royal will and power of the king, intendeth to deprive the king both of crown and life; and that the law judgeth not of the fact by the intent, but of the intent by the fact. And the queen's counsel did again enforce that point, setting forth that it was no mystery or quiddity of the common law, but it was a conclusion infallible of reason and experience; for that the crown was not a ceremony or garland, but consisted of pre-eminence and power.

The evidence given in against them three, was principally their own confessions, charging every And, therefore, when the subject will take upon one himself, and the other, and the rest of the him to give law to the king, and to make the evidence used at the arraignment of the late earls, power sovereign and commanding to become sub- and mentioned before; save that, because it was ject and commanded; such subject layeth hold perceived, that that part of the charge would take of the crown, and taketh the sword out of the no labour nor time, being plain matter and conking's hands. And that the crown was fastened fessed, and because some touch had been given in so close upon the king's head, that it cannot be the proclamation of the treasons of Ireland, and pulled off, but that head, and life, and all will chiefly because Sir Christopher Blunt was marfollow; as all examples, both in foreign stories shal of the army in Ireland, and most inward with and here at home, do make manifest. And, there- my lord in all his proceedings there; and not so fore, when their words did protest one thing, and only, but farther in the confession of Thomas Lee their deeds did testify another, they were but it was precisely contained, that he knew the Earl like the precedent of the protestation used by of Essex and Tyrone, and Blunt, the marshal, to Manlius, the lieutenant of Catiline, that con- be all one, and to run one course. It was thought spired against the state of Rome, who began fit to open some part of the treasons of Ireland, his letter to the senate with these words: "Deos such as were then known, which very happily hominesque testor, patres conscripti, nos nihil gave the occasion for Blunt to make that discovery aliud, &c." of the purpose to have invaded the realm with the And it was said farther, that, admitting their army of Ireland, which he then offered, and after

wards uttered, and in the end sealed with his blood, as is hereafter set down.

Against Cuffe was given in evidence, both Sir Charles Davers's confession, who charged him, when there was any debating of the several enterprises which they should undertake, that he did ever bind firmly and resolutely for the court: and the accusation under the earl's hand, avouched by him to his face, that he was a principal instigator of him in his treasons; but especially a full declaration of Sir Henry Neville's, which describeth and planteth forth the whole manner of his practising with him.

The fellow, after he had made some introduction by an artificial and continued speech, and some time spent in sophistical arguments, descended to these two answers: the one, for his being within Essex House that day, the day of the rebellion, they might as well charge a lion within a grate with treason, as him; and for the consultation at Drury House, it was no more treason than the child in the mother's belly is a child. But it was replied, that for his being in the house, it was not compulsory, and that there was a distribution of the action, of some to make good the house, and some to enter the city, and the one part held correspondent to the other, and that in treasons there was no accessaries, but all principals.

And for the consultation at Drury House, it was a perfect treason in itself, because the compassing of the king's destruction, which by judgment of law was concluded and implied in that consultation, was treason in the very thought and cogitation, so as that thought be proved by an overt act; and that the same consultation and debating thereupon was an overt act, though it had not been upon a list of names, and articles in writing, much more being upon matter in writing.

And, again, the going into the city was a pur

suance and inducement of the enterprise to possess the court, and not a desisting or a departure from it. And, lastly, it was ruled by the judges for law, that if many do conspire to execute treason against the prince in one manner, and some of them do execute it in another manner, yet their act, though differing in the manner, is the act of all them that conspire, by reason of the general malice of the intent. Against Sir Gilly Merick, the evidence that was given, charged him chiefly with the matter of the open rebellion, that he was a captain or commander over the house, and took upon him charge to keep it, and make it good as a place of retreat for those which issued into the city, and fortifying and barricading the same house, and making provision of muskets, powder, pellets, and other munition and weapons for the holding and defending of it, and as a busy, forward, and noted actor in that defence and resistance which was made against the queen's forces brought against it by her majesty's lieutenant.

And farther, to prove him privy to the plot, it was given in evidence, that some few days before the rebellion, with great heat and violence he had displaced certain gentlemen lodged in a house fast by Essex House, and there planted divers of my lord's followers and complices, all such as went forth with him in the action of rebellion.

That the afternoon before the rebellion, Merick, with a great company of others, that afterwards were all in the action, had procured to be played before them the play of deposing King Richard the Second.

Neither was it casual, but a play bespoken by Merick.

And not so only, but when it was told him by one of the players, that the play was old, and they should have loss in playing it, because few would come to it, there were forty shillings extraordinary given to play it, and so thereupon played it was.

So earnest he was to satisfy his eyes with the sight of that tragedy, which he thought soon after his lordship should bring from the stage to the state, but that God turned it upon their own heads.

The speeches of Sir Christopher Blunt at his execution are set down as near as they could be remembered, after the rest of the confessions and evidences.

Here follow the voluntary confessions themselves, such as were given in evidence at both the several arraignments, taken forth word for word out of the originals; whereby it may appear how God brought matters to light, at several times, and in several parts, all concurring in substance; and with them other declarations and parts of evidence.

The confession of THOMAS LEE, taken the 14th of February, 1600, before SIR JOHN PEYTON, Lieutenant of the Tower; ROGER WILBRAHAM, Master of the Requests; SIR ANTHONY SAINTLEGER, Master of the Rolls in Ireland; and THOMAS FLEMING, her majesty's Solicitor General.

This examinate saith, that Tyrone sent a message to this examinate by James Knowd, whom this examinate by the marshal's warrant in writing had sent to Tyrone before himself went to Tyrone, that if the Earl of Essex would follow his plot, he would make him the greatest man that ever was in England, and that, when Essex and Tyrone should have conference together, for his assurance unto the Earl of Essex, Tyrone would deliver his eldest son in pledge to the earl. And with this message this examinate made the Earl of Essex acquainted before his coming to this examinate's house, at that time when this examinate was sent to Tyrone.

This examinate saith, he knew that Essex, Ty

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rone, and the marshal, Sir Christopher Blunt, were | The confession of JAMES KNOWD, taken the 16th all one, and held all one course.

THOMAS LEE.

Exam. per JOHN Peyton,

ROGER WILBRAHAM,

ANTHONY SAINTLEGER,

THOMAS FLEming.

The declaration of Sir WILLIAM WARREN,
3 Octobris, 1599.

The said Sir William came to Armagh the last Friday, being the twenty-eight of September: from thence he sent a messenger in the night to Tyrone to Dungannon, signifying his coming to Armagh, as aforesaid, and that the next morning he would meet Tyrone at the fort of Blackwater: where accordingly the said Tyrone met with him; and after other speeches, by farther discourse the said Tyrone told the said Sir William, and delivered it with an oath, that within these two months he should see the greatest alteration, and the strangest, that he the said Sir William could imagine, or ever saw in his life and said, that he hoped, before it was long, that he the said Tyrone should have a good share in England: which speeches of the alteration Tyrone reiterated two or three several times.

WILLIAM WARREN. Certified from the council of Ireland to

the lords of the council here.

The declaration of THOMAS WOOD, 20 Januarii, 1599, taken before the Lord BUCKHURST, Lord High Treasurer; the Earl of NOTTINGHAM, Lord High Admiral; Sir ROBERT CECIL, principal Secretary; and Sir J. FORTESCUE, Chancellor of the Exchequer.

The said Wood said, that happening to be with the Lord Fitzmorris, Baron of Licksnaw, at his house at Licksnaw, between Michaelmas and Alhallowtide last, the said baron walking abroad with the said Wood, asked of him what force the Earl of Essex was of in England; he answered, he could not tell, but said he was well beloved of the commonalty. Then said the baron, that the earl was gone for England, and had discharged many of the companies of Ireland, and that it was agreed that he should be King of England, and Onele to be Viceroy of Ireland; and whensoever he should have occasion, and would send for them, Onele should send him eight thousand men out of Ireland. The said Wood asked the baron, how he knew that? He answered, that the Earl of Desmond had written to him so much. THOMAS WOOD.

Confessed in the presence of

THOMAS BUCKHURST,

NOTTINGHAM,

ROBERT CECIL,

JOHN FORTEscue.

of February, 1600, before Sir ANTHONY SAINTLEGER, Master of the Rolls in Ireland, and ROGER WILBRAHAM, Master of the Requests.

Owney Mac Rory having secret intelligence of the friendship between the Earl of Essex and Tyrone, wrote to Tyrone, desiring him to certify him thereof, whereby he might frame his course accordingly, and not do any thing contrary to their agreement: which letter myself did write by Owney's appointment, for then I was in credit with him; in which letter he also desired Tyrone to send him some munition. The letter, with instructions to that effect, was in my presence delivered to one Turlagh Mac Davy O'Kelly, a man of secrecy, sufficiency, and trust with Owney; and he carried it to Tyrone: before whose return Owney grew suspicious of me, because I sometimes belonged to Mr. Bowen, and therefore they would not trust me, so as I could not see the answer: but yet I heard by many of their secret council, that the effect thereof was, That the Earl of Essex should be King of England, and Tyrone of Ireland.

He

Afterwards I met with Turlagh Mac Davy, the messenger aforesaid, and asked him whether he brought an answer of the letter from Tyrone. He said he did, and delivered it to Owney. And then I asked him what he thought of the wars. told me he had good hope the last year, and had none this year; his reason was, as he said, that the Earl of Essex was to take their part, and they should aid him towards the conquest of England; and now they were hindered thereof by means of his apprehension.

I, dwelling with the tanist of the country, my mother's cousin german, heard him speak sundry times, that now the Earl of Essex had gotten one of the swords, he would never forego his government until he became King of England, which was near at hand.

I saw a letter which the Earl of Essex writ to

Owney, to this effect; That if Owney came to him, he would speak with him about that, which if he would follow, should be happy for him and

his country.

JAMES KNOWD. Exam. per ANTHONY SAINTLEGer, ROGER WILBRAHAM.

The declaration of DAVID HETHRINGTON, an ancient captain and servitor in Ireland, 6 January, 1599, taken before the Lord BUCKHURST, Lord High Treasurer; the Earl of NOTTINGHAM, Lord High Admiral; Sir ROBERT CECIL, principal Secretary; and Sir JOHN FORTESCUE, Chancellor of the Exchequer.

He, the said David Hethrington, riding into the edge of the county of Kildare, about the end of the first cessation, fortuned to meet with one James Occurren, one of the horsemen of Master

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