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A01216 A declaration of the practises & treasons attempted and committed by Robert late Earle of Essex and his complices, against her Maiestie and her kingdoms and of the proceedings as well at the arraignments & conuictions of the said late Earle, and his adherents, as after: together with the very confessions and other parts of the euidences themselues, word for word taken out of the originals. Bacon, Francis, 1561-1626. 1601 (1601) STC 1133; ESTC S100347 53,454 126

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and dissimulation as he launced his owne bodie and came hurt and wounded before the people as hauing bene assailed by his priuate enemies and by colour thereof obteined a guard about his person by helpe of whom he after vsurped vpon the State DEFENCE To the point that he heard it reported M. Secretary should say That the Infantaes title to the Crowne after her Maiesty was as good as any other REPLY Vpon this his allegation M. Secretary standing out of sight in a priuate place onely to heare being much moued with so false and foule an accusation came suddenly forth and made humble request to the Lord Steward that hee might haue the fauour to answere for himselfe Which being granted him in respect of the place he carieth after a bitter contestation on his part with the Earle and a serious protestation of his alienation of heart from the Spanish nation in any such condition he still vrged the Earle to name the reporter that all the circumstances might be knowen But the Earle still warily auoiding it M. Secretary replied that seeing he would alledge no Author it ought to be reputed his owne fiction Whereupon the Earle of Essex said though his owne conscience was a sufficient testimony to himselfe that he had not inuented any vntruth yet hee would affirme thus much for the worlds farther satisfaction in that behalfe that the Earle of Southampton also had heard so much reported of M. Secretary but sayd still that he for his part would name no body Wherupon M. Secretary adiured the Earle of Southampton by all former friendship which had beene in deed very great betweene them that he would declare the person which he did presently and sayd it was M. Comptroller At which speech M. Secretary straight tooke holde and said That he was glad to heare him named of all others for howsoeuer some malicious person might peraduenture haue bene content to giue credit to so iniurious a conceit of him especially such as were against the peace wherein hee was imployed and for which the Earle of Essex had euer hated him being euer desirous to keepe an army on his owne dependency yet he did thinke no man of any vnderstanding would beleeue that he could be so sencelesse as to picke out the Earle of Essex his vncle to lay open to him his affection to that nation in a matter of so odious pernicious consequence And so did very humbly craue it at the hands of the Lord Steward and all the Peeres that M. Comptroller might bee sent for to make good his accusation Thereupon the Lord Steward sent a Seriant at Armes for M. Comptroller who presently came thither and did freely and sincerely deliuer that he had only said though hee knew not wel to whom that M. Secretary and he walking in the garden at Court one morning about two yeeres since and talking casually of forreine things M. Secretary told him that one Doleman had mainteined in a booke not long since printed that the Infanta of Spaine had a good title to the Crowne of England which was all as M. Comptroller said that euer he heard M. Secretary speake of that matter And so the weake foundation of that scandall being quickly discerned that matter ended all that could bee proued being no other then that M. Comptroller had told an other who had after told the Earle of Essex that M. Secretary sayde to him that such a booke saide so which euery man could say that hath read it and no man better knewe then the Earle himselfe to whom it was dedicated DEFENCE To the point of both their protestations That they intended no hurt to her Maiesties person REPLY First the Iudges deliuered their opinions for matter in Law vpon two points The one That in case where a subiect attempteth to put himselfe into such strength as the King shall not be able to resist him and to force and compell the King to gouerne otherwise then according to his owne Royall authoritie and direction it is manifest Rebellion The other That in euery Rebellion the lawe intendeth as a consequent the compassing the death and depriuation of the King as foreseeing that the Rebell wil neuer suffer that King to liue or raigne which might punish or take reuenge of his Treason and Rebellion And it was inforced by the Queenes Councell that this is not onely the wisedome of the lawes of the Realme which so defineth of it but it is also the censure of forein lawes the conclusion of common reason which is the ground of all lawes and the demonstratiue assertion of experience which is the warranty of all reason For first the Ciuile law maketh this iudgement That Treason is nothing els but Crimen laesae maiestatis or Diminutae maiestatis making euery offence which abridgeth or hurteth the power and authoritie of the Prince as an insult or inuading of the Crowne and extorting the imperiall Scepter And for common reason it is not possible that a subiect should once come to that height as to giue law to his Soueraigne but what with insolency of the change and what with terror of his owne guiltinesse he will neuer permit the King if he can chuse to recouer authoritie nor for doubt of that to continue aliue And lastly for experience it is confirmed by all stories and examples That the subiect neuer obteined a superioritie and command ouer the King but there followed soone after the deposing and putting of the King to death as appeareth in our owne Chronicles in two notable particulars of two vnfortunate Kings the one of Edward the second who when he kept himselfe close for danger was summoned by Proclamation to come and take vpon him the gouernment of the Realme but as soone as he presented himselfe was made prisoner and soone after forced to resigne and in the ende tragically murdered in Barkley Castle And the other of King Richard the second who though the Duke of Hertford after King Henrie the fourth presented himselfe before him with three humble reuerences yet in the ende was deposed and put to death DEFENCE To the point of not arming his men otherwise then with Pistols Rapiers and Daggers it was replied REPLY That that course was held vpon cunning the better to insinuate himselfe into the fauour of the city as comming like a friend with an All haile or kisse and not as an enemie making full reckoning that the City would arme him and arme with him and that he tooke the paterne of his Action from the day of the Barricadoes at Paris where the Duke of Gwyse entring the citie but with eight Gentlemen preuailing with the citie of Paris to take his part as my Lord of Essex thankes be to God failed of the Citie of London made the King whom he thought likewise to haue surprized to forsake the towne and withdraw himselfe into other places for his further safety And it was also vrged against him out of the confession of the Earle of