openly, yet that then he would impart them pri- | brought him round again to the place whence he vately; and then they doubted not to give him or first moved. procure him satisfaction. Upon this there arose a great clamour among the multitude: "Away, my lord, they abuse you, they betray you, they undo you, you lose time." Whereupon my lord keeper put on his hat, and said with a louder voice than before, "My lord, let us speak with you privately, and understand your griefs; and I do command you all upon your allegiance, to lay down your weapons and to depart." Upon which words the Earl of Essex and all the rest, as disdaining commandment, put on their hats; and Essex somewhat abruptly went from him into the house, and the counsellors followed him, thinking he would have private conference with them, as was required. For after he had once by Ludgate entered into the city, he never had so much as the heart or assurance to speak any set or confident speech to the people, (but repeated only over and over his tale as he passed by, that he should have been murdered,) nor to do any act of foresight or courage; but he that had vowed he would never be cooped up more, cooped himself first within the walls of the city, and after within the walls of a house, as arrested by God's justice as an example of disloyalty. For passing through Cheapside, and so towards Smith's house, and finding, though some came about him, yet none joined or armed with him, he provoked them by speeches as he passed to arm, telling them, They did him hurt and no good, to come about him with no weapons. the chiefest citizen to the meanest artificer or prentice, that armed with him: so as being extremely appalled, as divers that happened to see him then might visibly perceive in his face and countenance, and almost moulten with sweat, though without any cause of bodily labour but only by the perplexity and horror of his mind, he came to Smith's house the sheriff, where he refreshed himself a little, and shifted him. And as they passed through the several rooms, they might hear many of the disordered company cry, "Kill them, kill them;" and others crying, But there was not in so populous a city, where "Nay, but shop them up, keep them as pledges, he thought himself held so dear, one man, from cast the great seal out at the window;" and other such audacious and traitorous speeches. But Essex took hold of the occasion and advantage, to keep in deed such pledges if he were distressed, and to have the countenance to lead them with him to the court, especially the two great magistrates of justice, and the great seal of England, if he prevailed, and to deprive her majesty of the use of their counsel in such a strait, and to engage his followers in the very beginning by such a capital act, as the imprisonment of counsellors carrying her majesty's royal commandment for the suppressing of a rebellious force. And after that they were come up into his book-chamber, he gave order they should be kept fast, giving the charge of their custody principally to Sir John Davis, but adjoined unto him a warder, one Owen Salisbury, one of the most seditious and wicked persons of the number, having been a notorious robber, and one that served the enemy under Sir William Stanley, and that bare a special spleen unto my lord chief justice; who guarded these honourable persons with muskets charged, and matches ready fired at the chamber door. This done, the earl, notwithstanding my lord keeper still required to speak with him, left the charge of his house with Sir Gilly Merick; and, using these words to my lord keeper, "Have patience for a while, I will go take order with the mayor and sheriffs for the city, and be with you again within half an hour;" issued with his troop into London, to the number of two hundred, besides those that remained in the house, choice men for hardiness and valour, unto whom some gentlemen and one nobleman did after join themselves. But from the time he went forth, it seems God did strike him with the spirit of amazement, and But the mean while it pleased God, that her majesty's directions at court, though in a case so strange and sudden, were judicial and sound. For first there was commandment in the morning given unto the city, that every man should be in a readiness, both in person and armour, but yet to keep within his own door, and to expect commandment; upon a reasonable and politic consideration, that had they armed suddenly in the streets, if there were any ill disposed persons, they might arm on the one side and turn on the other, or at least, if armed men had been seen to and fro, it would have bred a greater tumult, and more bloodshed; and the nakedness of Essex's troop would not have so well appeared. And soon after, direction was given that the Lord Burghley, taking with him the king of heralds, should declare him traitor in the principal parts of the city; which was performed with good expedition and resolution, and the loss and hurt of some of his company. Besides that, the Earl of Cumberland, and Sir Thomas Gerard, knight-marshal, rode into the city, and declared and notified to the people that he was a traitor: from which time divers of his troop withdrawing from him, and none other coming in to him, there was nothing but despair. For having stayed a while, as is said, at Sheriff Smith 3 house, and there changing his pretext of a private quarrel, and publishing, that the realm shoul have been sold to the Infanta, the better to spur on the people to rise, and called, and given commandment to have arms brought and weapons of all sorts, and being soon after advertised of the proclamation, he came forth in a hurry. So having made some stay in Gracechurchstreet, and being dismayed upon knowledge given to him that forces were coming forwards against him under the conduct of the lord admiral, the lieutenant of her majesty's forces; and not knowing what course to take, he determined in the end to go back towards his own house, as well in hope to have found the counsellors there, and by them to have served some turn, as upon trust that towards night his friends in the city would gather their spirits together, and rescue him, as himself declared after to the lieutenant of the Tower. But, for the counsellors, it had pleased God to make one of the principal offenders his instrument for their delivery; who, seeing my lord's case desperate, and contriving how to redeem his fault and save himself, came to Sir John Davis, and Sir Gilly Merick, as sent from my lord; and so procured them to be released. But the Earl of Essex, with his company that was left, thinking to recover his house, made on by land towards Ludgate; where being resisted by a company of pikemen and other forces, gathered together by the wise and diligent care of the Bishop of London, and commanded by Sir John Luson, and yet attempting to clear the passage, he was with no great difficulty repulsed. At which encounter Sir Christopher Blunt was sore wounded, and young Tracy slain on his part; and one Waits on the queen's part, and some others. Upon which repulse he went back and fled towards the water-side, and took boat at Queenhithe, and so was received into Essex House at the water-gate, which he fortified and barricadoed; but instantly the lord-lieutenant so disposed his companies, as all passage and issue forth was cut off from him both by land and by water, and all succours that he might hope for were discouraged and leaving the Earl of Cumberland, the Earl of Lincoln, the Lord Thomas Howard, the Lord Gray, the Lord Burghley, and the Lord Compton, Sir Walter Raleigh, Sir Thomas Gerard, with divers others, before the house to landward, my lord lieutenant himself thought good, taking with him the Lord of Effingham, Lord Cobham, Sir John Stanhope, Sir Robert Sidney, M. Foulk Grevill, with divers others, to assail the garden and banqueting-house on the water-side, and presently forced the garden, and won to the walls of the house, and was ready to have assailed the house; but out of a Christian and honourable consideration, understanding that there were in the house the Countess of Essex, and the Lady Rich, with their gentlewomen, let the Earl of Essex know by Sir Robert Sidney, that he was content to suffer the ladies and gentlewomen to come forth. Whereupon Essex returning the lord lieutenant thanks for the compassion and care he had of the ladies, desired only to have an hour's respite to make way for their going out, and an hour after to barricado the place again: which, because it could make no alteration to the hindrance of the service, the lord lieutenant thought good to grant. But Essex, having had some talk within of a sally, and despairing of the success, and thinking better to yield himself, sent word, that upon some conditions he would yield. But the lord lieutenant utterly refusing to hear of capitulation, Essex desired to speak with my lord, who thereupon went up close to the house; and the late Earls of Essex and Southampton, with divers other lords and gentlemen their partakers, presented themselves upon the leads; and Essex said, he would not capitulate, but entreat; and made three petitions. The first, that they might be civilly used: whereof the lord lieutenant assured them. The second, that they might have an honourable trial: whereof, the lord lieutenant answered, they needed not to doubt. The third, that he might have Ashton, a preacher, with him in prison, for the comfort of his soul; which the lord lieutenant said he would move to her majesty, not doubting of the matter of his request, though he could not absolutely promise him that person. Whereupon they all, with the ceremony amongst martial men accustomed, came down and submitted themselves, and yielded up their swords, which was about ten of the clock at night; there having been slain in holding of the house, by musket-shot, Owen Salisbury, and some few more on the part of my lord, and some few likewise slain and hurt on the queen's part: and presently, as well the lords as the rest of their confederates of quality, were severally taken into the charge of divers particular lords and gentlemen, and by them conveyed to the Tower and other prisons. So as this action, so dangerous in respect of the person of the leader, the manner of the combination, and the intent of the plot, brake forth and ended within the compass of twelve hours, and with the loss of little blood, and in such sort as the next day all courts of justice were open, and did sit in their accustomed manner, giving good subjects and all reasonable men just cause to think, not the less of the offender's treason, but the more of her majesty's princely magnanimity and prudent foresight in so great a peril, and chiefly of God's goodness, that hath blessed her majesty in this, as in many things else, with so rare and divine felicity. The effect of the evidence given at the several arraignments of the late Earls of ESSEX and SOUTHAMPTON, before the lord steward; and of Sir CHRISTOPHER BLUNT, and Sir CHARLES prising her majesty's person in court, and the open rebellion in the city. DAVERS, and others, before great and honourable | The evidence consisted of two parts: the plot of surCommissioners of Oyer and Terminer: and of the answers and defences which the said offenders made for themselves; and the replies made upon such their defences: with some other circumstances of the proceedings, as well at the same arraignments as after. The two late Earls of Essex and Southampton were brought to their trial the nineteenth of February, eleven days after the rebellion. At which trial there passed upon them twenty-five peers, a greater number than hath been called in any former precedent. Amongst whom her majesty did not forbear to use many that were of near alliance and blood to the Earl of Essex, and some others, that had their sons and heirs apparent that were of his company, and followed him in the open action of rebellion. The lord steward then in commission, according to the solemnity in such trials received, was the Lord Buckhurst, lord high treasurer, who with gravity and temperance directed the evidence, and moderated, and gave the judgment. There was also an assistance of eight judges, the three chief, and five others. The hearing was with great patience and liberty: the ordinary course not being held, to silence the prisoners till the whole state of the evidence was given in; but they being suffered to answer articulately to every branch of the evidence, and sometimes to every particular deposition, whensoever they offered to speak: and not so only, but they were often spared to be interrupted, even in their digressions and speeches not much pertinent to their cause. And always when any doubt in law was moved, or when it was required either by the prisoners or the peers, the lord steward required the judges to deliver the law; who gave their opinions severally, not barely yea or no, but at large with their rea sons. The plot was opened according to the former narration, and proved by the several confessions of four witnesses, fully and directly concurring in the point; Sir Christopher Blunt, Sir Charles Davers, Sir John Davis, and Sir Ferdinando Gorge. Of which number, though Sir Christopher Blunt were not at the council held at Drury House, no more than Essex himself was; yet, he was privy to that which passed. Sir Ferdinando Gorge being prisoner in the Gatehouse, near the place of trial, was, at the request of the Earl of Essex, brought thither, and avouched “viva voce" his confession in all things. And these four proved all particularities of surprising the court, and the manner of putting the same in execution, and the distributing and naming of the principal persons and actors to their several charges; and the calling of my lord's pretended enemies to trial for their lives, and the summoning of a parliament, and the altering of the government. And Sir Christopher Blunt, and Sir John Davis from Sir Christopher Blunt, did speak to the point of bringing in a toleration of the Catholic religion. For the overt rebellion in the city itself, it was likewise opened, according to the former narration, and divided itself naturally into three parts. First, the imprisonment of the counsellors, bringing her majesty's royal commandment to them, upon their allegiance to disperse their forces. Secondly, the entering the city, and the stirring of the people to rise, as well by provoking them to arm, as by giving forth the slanders that the realm was sold to the Spaniard, and the assailing of the queen's forces at Ludgate. And, thirdly, the resistance and keeping of the house against her majesty's forces under the charge and conduct of the lord lieutenant. they were fully proved by the oath of the Lord Chief Justice of England, being there present, "viva voce," and the declaration of the Earl of Worcester, being one of the peers likewise, "viva voce," touching so much as passed about the imprisonment of themselves and the rest; and by the confessions of the Earl of Rutland, the Lord Sandys, the Lord Cromwell, and others. In the indictment were not laid or charged the treasons of Ireland, because the greatest matter, which was the design to bring over the army of And albeit these parts were matters notorious, Ireland, being then not confessed nor known; it and within almost every man's view and knowwas not thought convenient to stuff the indict-ledge; yet, for the better satisfaction of the peers, ment with matters which might have been conceived to be chiefly gathered by curious inquisition, and grounded upon report or presumption, when there was other matter so notorious. And, besides, it was not unlikely, that in his case, to whom many were so partial, some, who would not consider how things came to light by degrees, might have reported that he was twice called in question about one offence. And, therefore, the The defence of the late Earl of Essex, touching late treasons of his rebellion and conspiracy were the plot and consultation at Drury House, was: only comprehended in the indictment, with the That it was not proved that he was at it; and usual clauses and consequerts in law, of compass-that they could show nothing, proving his coning the queen's death, destruction, and depriva-sent or privity, under his hand. tion, and levying war, and the like. Touching the action in the city, he justified the pretext of the danger of his life to be a truth. He considering that my Lord Cobham and Sir Walter said that his speech, that the realm should have | Raleigh were men whose estates were better settled been sold to the Infanta of Spain, was grounded and established than to overthrow their fortunes upon a report he had heard, that Sir Robert Cecil by such a crime. should say privately, That the Infanta's title to the crown, after her majesty, was as good as any other. He excused the imprisonment of the counsellors to have been against his mind, forced upon him by his unruly company. He protested he never intended in his heart any hurt to her majesty's person; that he did desire to secure his access to her, for which purpose he thought to pray the help of the city, and that he did not arm his men in warlike sort, nor struck up drum, nor the like. The defence of the late Earl of Southampton to his part in the plot and consultation at Drury House, was: That it was a matter debated, but not resolved nor concluded; and that the action which was executed, was not the action which was consulted upon. And for the open action in the city, he concurred with Essex, with protestation of the clearness of his mind for any hurt to the queen's person; and that it was but his affection to my Lord of Essex that had drawn him into the cause. This was the substance and best of both their defences. Unto which the reply was: Defence. To the point, that the late Earl of Essex was not at the consultation at Drury House. Reply. It was replied, that it was proved by all the witnesses, that that consultation was held by his special appointment and direction, and that both the list of the names and the principal articles were of his own handwriting. And whereas he said, they could not be showed extant under his hand; it was proved by the confession of my Lord of Rutland, and the Lord Sandys, that he had provided for that himself; for after he returned out of the city to his own house, he burned divers papers which he had in a cabinet, because, as himself said, they should tell no tales. Defence. To the point which Southampton alleged, That the consultation at Drury House, upon the list and articles in writing, was not executed: Reply. It was replied, that both that consultation in that manner held, if none other act had followed, was treason; and that the rebellion following in the city, was not a desisting from the other plot, but an inducement and pursuance of it; their meaning being plain on all parts, that after they had gotten the aid of the city, they would have gone and possessed the court. Defence. To the point, that it was a truth that Essex should have been assailed by his private enemies: Reply. First, He was required to deliver who it was that gave him the advertisement of it; because otherwise it must light upon himself, and be thought his own invention: whereunto he said, that he would name no man that day. Then it was showed how improbable it was, Besides, it was showed how the tale did not hang together, but varied in itself, as the tale of the two judges did, when one said, under the mulberry tree, and another said, under the fig tree. So sometimes it was said, that he should have been murdered in his bed, and sometimes upon the water, and sometimes it should have been per formed by Jesuits some days before. Thirdly, It was asked what reference the going into the city for succour against any his private enemies had to the imprisoning of the lord keeper, and the lord chief justice, persons that he pretended to love and respect; and the Earl of Worcester, his kinsman, and Master Comptroller, his uncle, and the publishing to the people, that the realm should have been sold to the Spaniard. And, lastly, It was said, that these were the ancient footsteps of former traitors, to make their quarrel as against their private enemies, because God unto lawful kings did ever impart such beams of his own glory, as traitors could not look straight upon them; but ever turned their pretences against some about them; and that this action of his resembled the action of Pisistratus of Athens, that proceeded so far in this kind of fiction and dissimulation, as he lanced his own body, and came hurt and wounded before the people, as having been assailed by his private enemies; and by colour thereof obtained a guard about his person, by help of whom he after usurped upon the state. Defence. To the point, that he heard it reported Mr. Secretary should say, that the Infarta's title to the crown, after her majesty, was as good as any other : Reply. Upon this his allegation, Mr. Secretary standing out of sight in a private place, only to hear, being much moved with so false and foul an accusation, came suddenly forth, and made humble request to the lord steward, that he might have the favour to answer for himself. Which being granted him, in respect of the place he carried, after a bitter contestation on his part with the earl, and a serious protestation of his alienation of heart from the Spanish nation in any such condition, he still urged the earl to name the reporter, that all the circumstances might be known; but the earl still warily avoiding it, Mr. Secretary replied, that seeing he would allege no author, it ought to be reputed his own fiction. Whereupon the Earl of Essex said, though his own conscience was a sufficient testimony to himself, that he had not invented any untruth, yet he would affirm thus much for the world's farther satisfaction in that behalf, that the Earl of Southampton also had heard so much reported of Mr. Secretary; but said still that he for his part would name nobody. Whereupon Mr. Secretary adjured the Earl of Southampton, by all former friendship, 2H 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. tion of experience, which is the warranty of all. reason. For, first, the civil law maketh this judgment, that treason is nothing else but “crimen 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. 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-ment. 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 judg- |