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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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Rutland and others that he cried out to the citizens That they did him hurt and no good to come without weapons and prouoked them to arme and finding they would not be mooued to arme with him sought to arme his owne troupes This point by point was the effect of the Reply Vpon all which Euidence both the Earles were found guiltie of Treason by all the seuerall voyces of euery one of the Peeres and so receiued iudgement The names of the Peeres that passed vpon the triall of the two Earles   EARLES   BARONS The Earle of Oxford Shrewesburie Durbie Cumberland VVorcester Sussex Hartford Lincolne Notingham The Lord De la VVare Morley Cobham Stafford Gray Lumley VVindsore Rich. Darcy de Chichey Chandoys Hunsdon S. Iohn de Bletso Compton Burghley Howard of VValder Vicount Bindon The names of the Iudges that assisted the Court. The Lord chiefe Iustice. The L. chiefe Iustice of the Common Plees The Lord chiefe Baron Iustice Gawdie Iustice Fenner Iustice VValmesley Baron Clerke Iustice Kingsmill SOME PARTICVLARITIES of that which passed after the arreignment of the late Earles and at the time of the suffering of the Earle of Essex BVt the Earle of Essex finding that the consultation at Drurie house and the secret plots of his premeditated and prepenced treasons were come to light contrary to his expectation was touched euen at his parting from the Barre with a kinde of remorse especially because he had caried the maner of his answere rather in a spirit of ostentation and glory then with humilitie and penitence and brake out in the Hall while the Lords were in conference into these wordes That seeing things were thus caried he would ere it be long say more then yet was knowen Which good motion of his minde being after his comming backe to the Tower first cherished by M. D. of Norwich but after wrought on by the religious and effectuall perswasions and exhortations of M. Abdie Ashton his Chaplaine the man whom he made sute by name to haue with him for his soules health as one that of late time he had bene most vsed vnto 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 haue that Physician that was best acquainted with his body He sent word the next day to desire to speake with some of the principall Councellours with whom he desired also that particularly M. Secretary might come for one Vpon which his request first the L. Admirall and M. Secretary and afterward at two seuerall times the Lord Keeper of the great Seale the Lord high Treasurer the L. high Admirall and Master Secretary repaired vnto him before whom after he had asked the Lord Keeper forgiuenesse for restraining him in his house and M. Secretary for hauing wronged him at the Barre concerning the matter of the Infanta with signification of his earnest desire to be reconciled to them which was accepted with all Christian charitie and humanitie he proceeded to accuse heauily most of his confederates for carying malicious mindes to the State and vehemently charged Cuffe his man to his own face to haue bene a principall instigator of him in his Treasons and then disclosed how farre sir Henry Neuill her Maiesties late Ambassador was priuy to all the Conspiracie of whose name till then there had bene not so much as any suspition And further at the Lords first comming to him not sticking to confesse that hee knewe her Maiestie could not be safe while he liued did very earnestly desire this fauour of the Queene that he might die as priuately as might be And the Morning before his execution there being sent vnto him for his better preparation Master Doctor Mountford and Master Doctor Barlowe to ioyne with Master Abdie Ashton his Chapleine he did in many words thanke God that hee had giuen him a deeper insight into his offence being sorie he had so stood vpon his iustification at his Arraignement since which time he sayd he was become a new man and heartily thanked God also that his Course was by Gods prouidence preuented For if his proiect had taken effect God knoweth sayd he what harme it had wrought in the Realme He did also humbly thanke her Maiestie that he should die in so priuate maner for hee suffered in the Towre yard and not vpon the Hill by his owne special sute lest the acclamation of the people for those were his own words might be a temptation to him adding That al popularitie trust in man was vaine the experience whereof himselfe had felt and acknowledged further vnto them that he was iustly and worthily spewed out for that was also his owne word of the Realme and that the nature of his offence was like a leprosie that had infected farre and neere And so likewise at the publique place of his suffering he did vse vehement detestation of his offence desiring God to forgiue him his great his bloody his crying and his infectious sinne and so died very penitently but yet with great conflict as it should seeme for his sins For hee neuer mentioned nor remembred there wife children or friend nor tooke particular leaue of any that were present but wholy abstracted and sequestred himselfe to the state of his conscience and prayer THE EFFECT OF THAT which passed at the Arraignements of Sir Christopher Blunt Sir Charles Dauers Sir Iohn Dauies Sir Gillie Mericke and Henry Cuffe THE 5. of March by a very honorable Commission of Oier and Determiner directed to the Lord high Admiral the Lord Chamberlaine Master Secretary the Lord chiefe Iustice of England Master Chancellour of the Exchequer Master Secretary Herbert with diuers of the Iudges the Commissioners sitting in the Court of the Queenes Bench there were arraigned and tried by a Iury both of Aldermen of London and other Gentlemen of good credit and sort Sir Christopher Blunt Sir Charles Dauers Sir Iohn Dauies Sir Gillie Mericke Henry Cuffe The three first whereof before they pleaded asked this question of the Iudges Whether they might not confesse the Inditemēt in part plead Not guilty to it in the other part But being resolued by the Iudges that their pleading must be generall 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 Inditement That they intended and compassed the death and destruction of the Queenes Maiestie vnto whose person although they confessed at the barre 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 diuers conditions and alterations of gouernment such as in their confessions are expressed neuerthelesse they protested they intended no personall harme to hirselfe Whereupon as at the arraignment of the two Earles so then againe the Iudges deliuered the rule of the Law
But his purpose as in part was touched before was this that if he held his greatnesse in Court and were not committed which in regard of the miserable and deplored estate he left Ireland in whereby he thought the opinion here would be that his seruice could not be spared he made full account he should not be then at the first opportunitie he would execute the surprize of her Maiesties person And if he were committed to the Tower or to prison for his contempts for besides his other contempts hee came ouer expresly against the Queenes prohibition vnder her Signet it might be the care of some of his principall friends by the helpe of that choise and resolute company which he brought ouer to rescue him But the pretext of his comming ouer was by the efficacie of his owne presence and perswasion to haue moued and drawen her Maiestie to accept of such conditions of peace as hee had treated of with Tyrone in his priuate conference which was indeed somwhat needfull the principall Article of them being That there should be a generall restitution of Rebels in Ireland to all their lands possessions that they could pretend any right to before their going out into Rebellion without reseruation of such lands as were by Act of Parliament passed to the Crowne and so planted with English both in the time of Q. Mary and since and without difference either of time of their going forth or nature of their offence or other circumstance tending in effect to this That all the Queenes good subiects in most of the Prouinces should haue beene displanted and the Countrey abandoned to the Rebels When this man was come ouer his heart thus fraughted with Treasons and presented himselfe to her Maiestie it pleased God in his singular prouidence ouer her Maiestie to guide and hem in her proceeding towards him in a narrow way of safetie betweene two perils For neither did her Maiestie leaue him at libertie whereby he might haue commodity to execute his purpose nor restraine him in any such nature as might signifie or betoken matter of despaire of his returne to Court and fauour And so the meanes of present mischiefe being taken away and the humours not stirred this matter fell asleepe and the threed of his purposes was cut off For comming ouer about the end of September and not denied accesse and conference with her Maiesty and then being commanded to his chamber at Court for some dayes and from thence to the Lord Keepers house it was conceiued that these were no ill signes At my Lord Keepers house he remained till some fewe dayes before Easter and then was remooued to his owne house vnder the custody of Sir Richard Barkley and in that sort continued till the end of Trinity Terme following For her Maiestie all this while looking into his faults with the eye of her princely fauour and loth to take aduantage of his great offences in other nature then as contempts resolued so to proceed against him as might to vse her Maiesties owne words tend ad correctionem non ad ruinam Neuerthelesse afterwards about the ende of Trinitie Terme following for the better satisfaction of the world and to represse seditious bruits and libels which were dispersed in his iustification and to obserue a forme of iustice before hee should be set at full libertie her Maiestie was pleased to direct that there should be associate vnto her Priuie Councell some chosen persons of her Nobility and of her Iudges of the law and before them his cause concerning the breaking of his instructions for the Northerne prosecution and the manner of his treating with Tyrone and his comming ouer and leauing the kingdome of Ireland contrary to her Maiesties commandement expressed as wel by signification thereof made vnder her Royall hand and Signet as by a most binding and effectual letter written priuately to himselfe to receiue a hearing with limitation neuertheles that hee should not bee charged with any point of disloialty and with like fauour directed that he should not be called in question in the open and ordinary place of offendours in the Starre Chamber from which hee had likewise by a most penitent and humble letter desired to be spared as that which would haue wounded him for euer as he affirmed but in a more priuate manner at my Lord Keepers house Neither was the effect of the sentence that there passed against him any more then a suspension of the exercise of some of his places At which time also Essex that could varie himselfe into all shapes for a time infinitely desirous as by the sequele now appeareth to be at liberty to practise reuiue his former purposes and hoping to set into them with better strength then euer bicause he conceiued the peoples hearts were kindled to him by his troubles and that they had made great demōstrations of asmuch he did transforme himselfe into such a strange deiected humility as if he had bene no man of this world with passionate protestations that he called God to witnes that he had made an vtter diuorce with the world and he desired her Maiesties fauour not for any worldly respect but for a preparatiue for a Nunc dimittis And that the teares of his heart had quenched in him all humors of ambition All this to make her Maiesty secure and to lull the world asleepe that hee was not a man to be held any wayes dangerous Not many dayes after Sir Richard Barkley his keeper was remoued from him and he set at libertie with this admonition only That hee should not take himselfe to be altogether discharged though he were left to the guard of none but his owne discretion But he felt himselfe no sooner vpon the wings of his libertie but notwithstanding his former shewes of a mortified estate of minde he began to practise afresh as busily as euer reuiuing his former resolution which was the surprizing and possessing the Queenes person and the Court. And that it may appeare how early after his libertie he set his engines on worke hauing long before entertained into his seruice and during his gouernment in Ireland drawne neere vnto him in the place of his chiefe Secretary one Henry Cuffe a base fellow by birth but a great scholler and indeede a notable Traytor by the booke being otherwise of a turbulent and mutinous spirit against all superiours This fellow in the beginning of August which was not a moneth after Essex libertie granted fell of practising with Sir Henry Neuill that serued her Maiestie as Ligier Ambassadour with the French King and then newly come ouer into England from Bulleyn abusing him with a false lie and meere inuention that his seruice was blamed and misliked and that the imputation of the breach of the treaty of Peace held at Bulleyn was like to light vpon him when there was no colour of any such matter onely to distaste him of others and fasten him to my Lord though