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 Cumberland. Earl of Hertford. Earl of Nottingham. Lord Viscount Bindon. Lord De la Ware. Lord Cobham. 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, Lord Rich. Lord Chandos. 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. 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 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 see-and trust in man was vain, the experience whereof ing things were thus carried, he would, ere it be himself had felt: and acknowledged farther unto long, say more than yet was known." Which them, that he was justly and worthily spewed out, good motion of his mind being, after his coming for that was also his own word, of the realm, and back to the Tower, first cherished by M. D. of that the nature of his offence was like a leprosy Norwich, but after wrought on by the religious that had infected far and near. And so likewise and effectual persuasions and exhortations of Mr. at the public place of his suffering, he did use Abdy Ashton, his chaplain, the man whom he vehement detestation of his offence, desiring God made suit by name to have with him for his soul's to forgive him his great, his bloody, his crying, health, as one that of late time he had been most and his infectious sin: and so died very penitently, used unto, and found most comfort of, comparing but yet with great conflict, as it should seem, for it, when he made the request, to the case of a his sins. For he never mentioned, nor remembered patient, that in his extremity would be desirous there, wife, children, or friend, nor took particular 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 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 hin, 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 pursuance 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 Tнomas 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 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, 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 FORTESscue. 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 2 *Bowen, provost marshal of Lemster, who told him, that the said James Occurren meeting lately with a principal follower of Owney Mac Rory, chief of the Moores, Owney's man asked him what news he heard of the Earl of Essex? To which James Occurren answered, that he was gone for England: whereunto he said, Nay, if you can tell me no news, I can tell you some; the Earl of Essex is now in trouble for us, for that he would do no service upon us; which he never meant to do, for he is ours, and we are his. DAVID HETHRINGTON. Confessed in the presence of THO. BUCKHURST, Jo. FORTESCUE. The first confession of Sir FERDINANDO GORGE, knight, the 16th of February, 1600, taken before Sir THOMAS EGERTON, Lord Keeper of the Great Seal; the Lord BUCKHURST, Lord High Treasurer; the Earl of NOTTINGHAM, Lord High Admiral; and Sir ROBERT CECIL, principal Secretary. He saith, the Earl of Essex wrote a letter to him in January, complaining of his misfortune: that he desired his company, and desired his repair up to him by the second of February; that he came to town on Saturday seven-night before the earl's insurrection, and that the same night late he visited the earl: who, after compliments, told him that he stood on his guard, and resolved not to hazard any more commandments or restraints; that he desired him to rest him that night, and to repair unto him again, but in such sort as it might not be noted. That he had been with the earl two or three times that week; and on Saturday, being the seventh of February, the earl told him that he had been sent for by the lords, and refused to come; delivering farther, that he resolved to defend himself from any more restraint. He farther saith, that it was in question the same Saturday night, to have stirred in the night, and to have attempted the court. But being demanded, whether the earl could have had sufficient company to have done any thing in the night: he answered, that all the earl's company were ready at one hour's warning, and had been so before, in respect that he had meant long before to stand upon his guard. That it was resolved to have the court first attempted; that the earl had three hundred gentlemen to do it; but that he, the said Ferdinando Gorge, was a violent dissuader of him from that purpose, and the earl most confident in the party of London, which he meant, upon a later dispute, first to assure; and that he was also assured of a party in Wales, but meant not to use them, until he had been possessed of the court. That the earl and Sir Christopher Blunt understanding that Sir Walter Raleigh had sent to speak with him in the morning, the said Sir Christopher Blunt persuaded him, either to surprise Sir Walter Raleigh, or to kill him. Which when he utterly refused, Sir Christopher Blunt sent four shot after him in a boat. That at the going out of Essex House gate, many cried out, To the court, to the court. But my Lord of Essex turned him about towards London. That he meant, after possession of the court, to call a parliament, and therein to proceed as cause should require. At that time of the consultation on Saturday night, my lord was demanded, what assurance he had of those he made account to be his friends in the city? Whereunto he replied, that there was no question to be made of that, for one, amongst the rest, that was presently in one of the greatest commands amongst them, held himself to be interested in the cause, for so he phrased it, and was colonel of a thousand men, which were ready at all times; besides others that he held himself as assured of, as of him, and able to make as great numbers. Some of them had at that instant, as he reported to us, sent unto him, taking notice of as much as he made us to know of the purpose intended to have entrapped him, and made request to know his pleasure. FERD. GORGE. Exam. per Tнo. EGERTON, C. S. The second confession of Sir FERDINANDO GORGE, the 18th of February, 1600, all written of his own hand; and acknowledged in the presence of Sir THOMAS EGERTON, Lord Keeper of the Great Seal; the Lord BUCKHURST, Lord High Treasurer; the Earl of NOTTINGHAM, Lord High Admiral; and Sir ROBERT CECIL, principal Secretary. On Tuesday before the insurrection, as I remember, I was sent unto by my Lord of Essex, praying me to meet my Lord of Southampton, Sir Charles Davers, Sir John Davis, and other his friends at Drury House; where I should see a schedule of his friends' names, and projects to be disputed upon. Whither I came accordingly, and found the foresaid earl, Sir Charles Davers, Sir John Davis, and one Mr. Littleton. The names were showed and numbered to be six score; earls, barons, knights, and gentlemen. The projects were these, whether to attempt the court, or the Tower, or to stir his friends in London first, or whether both the court and Tower at an instant? I disliked that counsel. My reasons were, that I alleged to them, first, to attempt both |