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The names of the peers that passed upon the trial of at the bar, concerning the matter of the Infanta, the two earls.

with signification of his earnest desire to be reEarl of Oxford. Lord Cobham.

conciled to them, which was accepted with all Earl of Shrewsbury. Lord Stafford.

Christian charity and humanity; he proceeded to Earl of Derby. Lord Gray.

accuse heavily most of his confederates for carryEarl of Cumberland. Lord Lumley.

ing malicious minds to the state, and vehemently Earl of Worcester. Lord Windsor.

charged Cuffe his man to his own face, to have Earl of Sussex. Lord Rich.

been a principal instigator of him in his treasons; Earl of Hertford. Lord Darcy de Chichey. and then disclosed how far Sir Henry Neville, Earl of Lincoln. Lord Chandos.

her majesty's late ambassador, was privy to all Earl of Nottingham. Lord Hunsdon.

the conspiracy; of whose name till then there Lord St. John de Bletso. had not been so much as any suspicion. And, Lord Viscount Bindon. Lord Compton.

farther, at the lords' first coming to him, not Lord De la Ware. Lord Burghley.

sticking to confess that he knew her majesty Lord Morley. Lord Howard of Walden. could not be safe while he lived, did very earnestly

desire this favour of the queen, that he might die The names of the judges that assisted the court. as privately as might be. Lord Chief Justice. Justice Fenner.

And the morning before his execution, there Lord Chief Justice of Justice Walmsly.

being sent unto him, for his better preparation, the Common Pleas. Baron Clerke.

Mr. Doctor Mountford, and Mr. Doctor Barlow, Lord Chief Baron. Justice Kingsmill.

to join with Mr. Abdy Ashton, his chaplain, he Justice Gawdy.

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 arSome particulars of that which passed after the arraignment of the late earls, and at the time of the become a new man, and heartily thanked God

raignment: since which time, he said, he was suffering of the Earl of Essex.

also that his course was by God's providence But the Earl of Essex, finding that the consul- prevented. For, if his project had taken effect, tation at Drury House, and the secret plots of his “God knoweth,” said he, “what harm it had premeditated and prepensed treasons were come wrought in the realm.” to light, contrary to his expectation, was touched, He did also humbly thank her majesty, that he even at his parting from the bar, with a kind of should die in so private a manner, for he suffered remorse; especially because he had carried the in the Tower yard, and not upon the hill, by his manner of his answer, rather in a spirit of osten- own special suit, lest the acclamation of the tation and glory, than with humility and peni- people, for those were his own words, might be tence: and brake out in the hall, while the lords a temptation to him: adding, that all popularity 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 confort 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 the effect of that which passed at the arraignments his request, first the lord admiral and Mr. Secre- of Sir Christopher Blunt, Sir Charles Datary, and afterwards at two several times the lord vers, Sir John Davis, Sir Gilly Merick, and keeper of the great seal, the lord high treasurer, HENRY CUFFE. the lord high admiral, and Mr. Secretary repaired unto him: before whom, after he had asked the The fifth of March, by a very honourable comlord keeper forgiveness, for restraining him in his mission of Oyer and Terminer, directed to the house, and Mr. Secretary for having wronged him Lord High Admiral, the Lord Chamberlain, Mr 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 commis- cogitation to have destroyed the queen's person; sioners sitting in the court of the Queen's Bench, yet, nothing was more variable and mutable than there were arraigned and tried by a jury both of the mind of man, and especially · Honores mutant aldermen of London, and other gentlemen of good mores :" when they were once aloft, and had the credit and sort, Sir Christopher Blunt, Sir Charles queen in their hands, and were peers in my Lord Davers, Sir John Davis, Sir Gilly Merick, and of Essex his parliament, who could promise of Henry Cuffe. The three first whereof, before what mind they would then be ? especially when they pleaded, asked this question of the judges : my Lord of Essex at his arraignment had made Whether they might not confess the indictment defence of his first action of imprisoning the privy in part, and plead not guilty to it in the other counsellors, by pretence that he was enforced to part? But being resolved by the judges, that it by his unruly company. So that if themselves their pleading must be general; they pleaded Not should not have had, or would not seem to have guilty, as did likewise the other two, without any had, that extreme and devilish wickedness of such question asked. The reason of that question mind, as to lay violent hands upon the queen's was, as they confessed, in respect of the clause sacred person; yet, what must be done to satisfy laid in the indictment; That they intended and the multitude and secure their party, must be compassed the death and destruction of the queen's then the question: wherein the example was remajesty: unto whose person, although they con- membered of Richard the Third, who, though he fessed at the bar, as they had done in their ex- were king in possession, and the rightful inheritors aminations, that their meaning was to come to her but infants, could never sleep quiet in his bed, till in such strength, as they should not be resisted, they were made away. Much less would a Caand to require of her divers conditions and altera- tilinary knot and combination of rebels, that did tions of government, such as in their confessions rise without so much as the fume of a title, ever are expressed, nevertheless they protested, they endure, that a queen that had been their sovereign, intended no personal harm to herself. Where- and had reigned so many years in such renown upon, as at the arraignment of the two earls, so and policy, should be longer alive than made for then again the judges delivered the rule of the their own turn. And much speech was used to law; that the wisdom and foresight of the laws the same end. So that in the end all those three of this land maketh this judgment: That the at the bar said, that now they were informed, and subject that rebelleth or riseth in forcible manner that they descended into a deeper consideration to overrule the royal will and power of the king, of the matter, they were sorry they had not intendeth to deprive the king both of crown and confessed the indictment. And Sir Christopher life; and that the law judgeth not of the fact by Blunt, at the time of his suffering, discharged his the intent, but of the intent by the fact. And the conscience in plain terms, and said publicly bequeen's counsel did again enforce that point, fore all the people, that he saw plainly with himsetting forth that it was no mystery or quiddity self, that if they could not have obtained all that of the conmon law, but it was a conclusion in- they would, they must have drawn blood even fallible of reason and experience; for that the from the queen herself. crown was not a ceremony or garland, but con- The evidence given in against them three, was sisted of pre-eminence and power.

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 And farther, to prove him privy to the plot, it blood, as is hereafter set down.

was given in evidence, that some few days before Against Cuffe was given in evidence, both Sir the rebellion, with great heat and violence he had Charles Davers's confession, who charged hiin, displaced certain gentlemen lodged in a house when there was any debating of the several en- fast by Essex House, and there planted divers of terprises which they should undertake, that he my lord's followers and complices, all such as did ever bind firmly and resolutely for the court: went forth with him in the action of rebellion. and the accusation under the earl's hand, avouched That the afternoon before the rebellion, Merick, by him to his face, that he was a principal insti- with a great company of others, that afterwards gator of him in his treasons; but especially a full were all in the action, had procured to be played declaration of Sir Henry Neville's, which de- before them the play of deposing King Richard scribeth and planteth forth the whole manner of the Second. his practising with him.

Neither was it casual, but a play bespoken by The fellow, after he had made some introduc- Merick. tion by an artificial and continued speech, and And not so only, but when it was told him by some time spent in sophistical arguments, de- one of the players, that the play was old, and scended to these two answers: the one, for his they should have loss in playing it, because few being within Essex House that day, the day of the would come to it, there were forty shillings exrebellion, they might as well charge a lion within traordinary given to play it, and so thereupon a grate with treason, as him ; and for the consul- played it was. tation at Drury House, it was no more treason than So earnest he was to satisfy his eyes with the the child in the mother's belly is a child. But it sight of that tragedy, which he thought soon after was replied, that for his being in the house, it was his lordship should bring from the stage to the not compulsory, and that there was a distribution state, but that God turned it upon their own heads. of the action, of some to make good the house, and some to enter the city, and the one part held The speeches of Sir Christopher Blunt at his correspondent to the other, and that in treasons execution are sel down as near as they could be rethere was no accessaries, but all principals. membered, after the rest of the confessions and And for the consultation at Drury House, it was

evidences. a perfect treason in itself, because the compassing

Here follow the voluntary confessions themselves, of the king's destruction, which by judgment of

such as were given in evidence at both the several law was concluded and implied in that consulta

arraignments, taken forth word for word out of tion, was treason in the very thought and cogita

the originals ; whereby it may appear how God tion, so as that thought be proved by an overt act; brought matters to light, at several times, and in and that the same consultation and debating there- several parts, all concurring in substance ; and upon was an overt act, though it had not been with them other declarations and parts of evidence. 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. The confession of Thomas Lee, taken the 14th of suance and inducement of the enterprise to possess the court, and not a desisting or a departure from it.

February, 1600, before Sir John Peyton, LieuteAnd, lastly, it was ruled by the judges for law,

nant of the Tower ; Roger WilBRAHAM, Master that if many do conspire to execute treason against

of the Requests ; Sir ANTHONY SAINTLEGER, Masthe prince in one manner, and some of them do exe

ter of the Rolls in Ireland ; and Thomas FLEMING, cute it in another manner, yet their act, though dif

her majesty's Solicitor General. fering in the manner, is the act of all them that con- This examinate saith, that Tyrone sent a messpire, by reason of the general malice of the intent. sage to this examinate by James Knowd, whom

Against Sir Gilly Merick, the evidence that this examinate by the marshal's warrant in writwas given, charged him chiefly with the matter of ing had sent to Tyrone before himself went to the open rebellion, that he was a captain or com- Tyrone, that if the Earl of Essex would follow mander over the house, and took upon him charge his plot, he would make him the greatest man to keep it, and make it good as a place of retreat that ever was in England, and that, when Essex for those which issued into the city, and fortifying and Tyrone should have conference together, for and barricading the same house, and making pro- his assurance unto the Earl of Essex, Tyrone vision of muskets, powder, pellets, and other mu- would deliver his eldest son in pledge to the earl. nition and weapons for the holding and defending And with this message this examinate made the of it, and as a busy, forward, and noted actor in Earl of Essex acquainted before his coming to that defence and resistance which was made this examinate's house, at that time when this against the queen's forces brought against it by examinate was sent to Tyrone. her majesty's lieutenant.

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.

of February, 1600, before Sir ANTHONY SAINT

THOMAS LEE. LEGER, Master of the Rolls in Ireland, and ROGER Exam. John Peyton,

WILBRAHAM, Master of the Requests.
per
Roger WILBRAHAM,

Owney Mac Rory having secret intelligence of
ANTHONY SAINTLEGER,

the friendship between the Earl of Essex and TyTHOMAS FLEMING.

rone, wrote to Tyrone, desiring him to certify him

thereof, whereby he might frame his course acThe declaration of Sir William WARREN,

cordingly, and not do any thing contrary to their 3 Octobris, 1599.

agreement: which letter myself did write by The said Sir William came to Armagh the last Owney's appointment, for then I was in credit Friday, being the twenty-eight of September: with him; in which letter he also desired Tyrone from thence he sent a messenger in the night to to send him some munition. The letter, with Tyrone to Dungannon, signifying his coming to instructions to that effect, was in my presence Armagh, as aforesaid, and that the next morning delivered to one Turlagh Mac Davy O'Kelly, a he would meet Tyrone at the fort of Blackwater: man of secrecy, sufficiency, and trust with where accordingly the said Tyrone met with him; Owney; and he carried it to Tyrone: before and after other speeches, by farther discourse the whose return Owney grew suspicious of me, besaid Tyrone told the said Sir William, and de- cause I sometimes belonged to Mr. Bowen, and livered it with an oath, that within these two therefore they would not trust me, so as I could months he should see the greatest alteration, and not see the answer : but yet I heard by many of the strangest, that he the said Sir William could their secret council, that the effect thereof was, imagine, or ever saw in his life: and said, that That the Earl of Essex should be King of Enghe hoped, before it was long, that he the said Ty- land, and Tyrone of Ireland. rone should have a good share in England : which

Afterwards I met with Turlagh Mac Davy, the speeches of the alteration Tyrone reiterated two messenger aforesaid, and asked him whether he or three several times.

brought an answer of the letter from Tyrone. He William WARREN.

said he did, and delivered it to Owney. And then Certified from the council of Ireland to

I asked him what he thought of the wars. He the lords of the council here.

told me he had good hope the last year, and had

none this year; his reason was, as he said, that The declaration of Thomas Wood, 20 Januarii, the Earl of Essex was to take their part, and they

1599, taken before the Lord BucKHURST, Lord should aid him towards the conquest of England; High Treasurer ; the Earl of Nottingham, Lord and now they were hindered thereof by means of High Admiral; Sir Robert Cecil, principal his apprehension. Secretary; and Sir J. Fortescue, Chancellor of I, dwelling with the tanist of the country, my the Exchequer.

mother's cousin german, heard him speak sundry The said Wood said, that happening to be with times, that now the Earl of Essex had gotten one the Lord Fitzmorris, Baron of Licksnaw, at his of the swords, he would never forego his governhouse at Licksnaw, between Michaelmas and ment until he became King of England, which Alhallowtide last, the said baron walking abroad was near at hand. with the said Wood, asked of him what force the

I saw a letter which the Earl of Essex writ to Earl of Essex was of in England; he answered, Owney, to this effect; That if Owney came to he could not tell, but said he was well beloved of him, he would speak with him about that, which the commonalty. Then said the baron, that the if he would follow, should be happy for him and earl was gone for England, and had discharged

his country,

James KnowD. many of the companies of Ireland, and that it was Exam. per ANTHONY SaintLEGER, agreed that he should be King of England, and

Roger WILBRAHAM. Onele to be Viceroy of Ireland; and whensoever he should have occasion, and would send for them, The declaration of David Hethrington, an ancient Onele should send him eight thousand men out of

captain and servitor in Ireland, 6 January, 1599, Ireland. The said Wood asked the baron, how taken before the Lord BUCKHURST, Lord High he knew that? He answered, that the Earl of

Treasurer ; the Earl of NOTTINGHAM, Lord High Desmond had written to him so much.

Admiral; Sir Robert Cecil, principal SecreThomas Wood.

tary; and Sir John Fortescue, Chancellor of Confessed in the presence of

the Exchequer. Thomas BUCKHURST,

He, the said David Hethrington, riding into the NOTTINGHAM,

edge of the county of Kildare, about the end of Robert Cecil,

the first cessation, fortuned to meet with one John FORTESCUE.

James Occurren, one the horsemen of Master

* Bowen, provost marshal of Lemster, who told That the earl and Sir Christopher Blunt underhim, that the said James Occurren meeting lately standing that Sir Walter Raleigh had sent to speak with a principal follower of Owney Mac Rory, with him in the morning, the said Sir Chrischief of the Moores, Owney's man asked him topher Blunt persuaded him, either to surprise Sir what news he heard of the Earl of Essex? To Walter Raleigh, or to kill him. Which when he which James Occurren answered, that he was utterly refused, Sir Christopher Blunt sent four gone for England: whereunto he said, Nay, if shot after him in a boat. you can tell me no news, I can tell you some; That at the going out of Essex House gate, the Earl of Essex is now in trouble for us, for many cried out, To the court, to the court. But that he would do no service upon us; which he my Lord of Essex turned him about towards Lonnever meant to do, for he is ours, and we are his. don.

David HETHRINGTON. That he meant, after possession of the court, to Confessed in the presence of

call a parliament, and therein to proceed as cause Tho. BUCKHURST,

should require. NOTTINGHAM,

At that time of the consultation on Saturday Ro. Cecil,

night, my lord was demanded, what assurance he Jo. FORTESCUE.

had of those he made account to be his friends in The first confession of Sir FERDINANDO GORGE,

the city? Whereunto he replied, that there was knight, the 16th of February, 1600, taken before the rest, that was presently in one of the greatest

no question to be made of that, for one, amongst Sir Thomas Egerton, Lord Keeper of the Great Seal; the Lord Buckhurst, Lord High Trea- commands amongst them, held himself to be insurer ; the Earl of Nottingham, Lord High terested in the cause, for so he phrased it, and Admiral; and Sir Robert Cecil, principal was colonel of a thousand men, which were ready Secretary.

at all times; besides others that he held himself

as assured of, as of him, and able to make as great He saith, the Earl of Essex wrote a letter to numbers. Some of them had at that instant, as him in January, complaining of his misfortune : he reported to us, sent unto him, taking notice of that he desired his company, and desired his as much as he made us to know of the purpose Tepair up to him by the second of February ; that intended to have entrapped him, and made request he came to town on Saturday seven-night before to know his pleasure. the earl's insurrection, and that the same night

FERD. GORGE. late he visited the earl : who, after compliments, told him that he stood on his guard, and resolved Exam. per Tho. Egerton, C. S. not to hazard any more commandments or re

Thos. BUCKHURST, straints; that he desired him to rest him that

NOTTINGHAM, night, and to repair unto him again, but in such

Ro. CECIL. sort as it might not be noted.

That he had been with the earl two or three The second confession of Sir FERDINANDO GORGE, times that week; and on Saturday, being the

the 13th of February, 1600, all written of his own seventh of February, the earl told him that he

hand; and acknowledged in the presence of Sir had been sent for by the lords, and refused to

THOMAS EGERTON, Lord Keeper of the Great

Seal; the Lord BUCKHURST, Lord High Treacome; delivering farther, that he resolved to de

the Earl of NOTTINGHAM, Lord High fend himself from any more restraint.

Admiral; and Sir Robert CECIL, principal He farther saith, that it was in question the

Secretary. same Saturday night, to have stirred in the night, and to have attempted the court. But being de- On Tuesday before the insurrection, as I remanded, whether the earl could have had suffi- member, I was sent unto by my Lord of Essex, cient company to have done any thing in the praying me to meet my Lord of Southampton, Sir night: he answered, that all the earl's company Charles Davers, Sir John Davis, and other his were ready at one hour's warning, and had been friends at Drury House; where I should see a 80 before, in respect that he had meant long be- schedule of his friends' names, and projects to be fore to stand upon his guard.

disputed upon. Whither I came accordingly, and That it was resolved to have the court first at- found the foresaid earl, Sir Charles Davers, Sir tempted ; that the earl had three hundred gentle John Davis, and one Mr. Littleton. The names men to do it; but that he, the said Ferdinando were showed and numbered to be six score ; earls, Gorge, was a violent dissuader of him from that barons, knights, and gentlemen. The projects purpose, and the earl most confident in the party were these, whether to attempt the court, or of London, which he meant, upon a later dispute, the Tower, or to stir his friends in London first, first to assure; and that he was also assured of or whether both the court and Tower at an ina party in Wales, but meant not to use them, stant? I disliked that counsel. My reasons until he had been possessed of the court. were, that I alleged to them, first, to attempt both

surer ;

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