Earle of Essex that if he would not declare his griefes openly yet that then hee would impart them priuately and then they doubted not to giue him or procure him satisfaction Vpon this there arose a great clamor among the multitude Away my Lord they abuse you they betray you they vndoe you you lose time Whereupon my L. Keeper put on his hat and said with a louder voyce then before My Lord let vs speake with you priuately and vnderstand your griefes and I doe commaund you all vpon your allegiance to lay downe your weapons and to depart Vppon which wordes the Earle of Essex and all the rest as disdaining commandement put on their hats and Essex somewhat abruptly went from him into the house and the Counsellors followed him thinking hee would haue priuate conference with them as was required And as they passed through the seuerall roomes they might heare many of the disordered companie crie Kill them kill them and others crying Nay but shoppe them vp keepe them as pledges cast the great Seale out at the windowe and other such audacious and traiterous speeches But Essex tooke holde of the occasion and aduantage to keepe in deed such pledges if he were distressed and to haue the countenance to leade them with him to the Court especially the two great Magistrates of Iustice and the great Seale of England if he preuailed and to depriue her Maiestie of the vse of their counsell in such a strait and to ingage his followers in the very beginning by such a capitall act as the imprisonment of Counsellors carying her Maiesties royall commaundement for the suppressing of a rebellious force And after that they were come vp into his booke chamber hee gaue order they should bee kept fast giuing the charge of their custodie principally to Sir Iohn Dauis but adioyned vnto him a warder one Owen Salisburie one of the most sedicious and wicked persons of the number hauing beene a notorious robber and one that serued the enemie vnder Sir William Stanley and that bare a speciall spleene vnto my Lord Chiefe Iustice who garded these honourable persons with Muskets charged and Matches ready fiered at the chamber doore This done the Earle notwithstanding my Lord Keeper still required to speake with him left the charge of his house with Sir Gilly Mericke and vsing these words to my Lord Keeper Haue patience for a while I will goe take order with the Maior and Sherifes for the Citie and be with you againe within halfe an houre issued with his troupe into London to the number of two hundreth besides those that remained in the house choise men for hardinesse and valour vnto whom some Gentlemen and one Noble man did after ioyne themselues But from the time he went forth it seemes God did strike him with the spirit of Amazement and brought him round againe to the place whence he first moued For after he had once by Ludgate entred into the Citie he neuer had as much as the heart or assurance to speake any set or confident speech to the people but repeated onely ouer and ouer his tale as he passed by That he should haue bene murthered nor to doe any act of foresight or courage but he that had vowed hee would neuer bee cooped vp more cooped himselfe first within the wals of the Citie and after within the wals of an house as arrested by Gods Iustice as an example of disloyaltie For passing through Cheapeside and so towards Smiths house and finding though some came about him yet none ioyned or armed with him he prouoked them by speeches as he passed to arme telling them They did him hurt and no good to come about him with no weapons But there was not in so populous a Citie where he thought himselfe held so deare one man from the chiefest Citizen to the meanest Artificer or Prentise that armed with him so as being extremely appalled as diuers that happened to see him then might visibly perceiue in his face and countenance and almost moulten with sweate though without any cause of bodily labour but only by the perplexitie and horror of his minde hee came to Smiths house the Sherife where he refreshed himselfe a little and shifted him But the meane while it pleased God that her Maiesties directions at Court though in a case so strange and sudden were iudiciall and sound For first there was commaundement in the morning giuen vnto the Citie that euery man should be in a readinesse both in person and armor but yet to keepe within his owne doore and to expect commandement vpon a reasonable politique consideration that had they armed suddenly in the streetes if there were any ill disposed persons they might arme on the one side and turn on the other or at least if armed men had bene seene to and fro it would haue bred a greater tumult and more bloodshed and the nakednesse of Essex troupe would not haue so well appeared And soone after direction was giuen that the Lord Burghley taking with him the King of Heralds should proclaime him Traitour in the principall parts of the Citie which was perfourmed with good expedition and resolution and the losse and hurt of some of his Companie Besides that the Earle of Cumberland and Sir Thomas Gerrard Knight Marshall rode into the Citie and declared and notified to the people that hee was a Traitour from which time diuers of his troupe withdrawing from him and none other comming in to him there was nothing but despaire For hauing stayed a while as is sayd at Shirife Smiths house and there changing his pretext of a priuate quarell and publishing That the Realme should haue bene solde to the Infanta the better to spurre on the people to rise and called and giuen commandement to haue brought armes and weapons of all sorts and being soone after aduertised of the Proclamation he came forth in a hurry So hauing made some stay in Gracious street and being dismaid vpon knowledge giuen to him that forces were comming forwards against him vnder the conduct of the L. Admirall the Lieutenant of her Maiesties forces and not knowing what course to take he determined in the end to goe backe towards his own house aswel in hope to haue found the Counsellers there and by them to haue serued someturne as vpon trust that towardes night his friends in the City would gather their spirits together and rescue him as himselfe declared after to M. Lieutenant of the Tower But for the Counsellers it had pleased God to make one of the principall offenders his instrument for their deliuery who seeing my Lords case desperate contriuing how to redeeme his fault and saue himselfe came to sir Iohn Dauis and sir Gillie Mericke as sent from my Lord and so procured them to be released But the Earle of Essex with his companie that was left thinking to recouer his house made on by land towards Ludgate where being resisted by a company of
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
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
house and tooke vpon him charge to keepe it and make it good as a place of Retraict for those which issued into the Citie and fortifying and barriccadoing the same house and making prouision of Muskets Powder Pellets and other munition and weapons for the holding and defending of it and as a busie forward and noted Actor in that defence and resistance which was made against the Queenes forces brought against it by her Maiesties Lieutenant And further to prooue him priuie to the plot it was giuen in Euidence that some fewe dayes before the Rebellion with great heat and violence hee had displaced certaine Gentlemen lodged in an house fast by Essex house and there planted diuers of my Lords followers and Complices all such as went foorth with him in the Action of Rebellion That the afternoone before the Rebellion Merricke with a great company of others that afterwards were all in the Action had procured to bee played before them the Play of deposing King Richard the second Neither was it casuall but a Play bespoken by Merrick And not so onely but when it was told him by one of the Players that the Play was olde and they should haue losse in playing it because fewe would come to it there was fourty shillings extraordinarie giuen to play it and so thereupon playd it was So earnest hee was to satisfie his eyes with the sight of that Tragedie which hee thought soone after his Lord should bring from the Stage to the State but that GOD turned it vpon their owne heads ¶ The speaches of Sir Christopher Blunt at his execution are set downe as neere as they could be remembred after the rest of the confessions and euidences HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT HEERE FOLLOW the voluntary Confessions themselues such as were giuen in euidence at both the seuerall arraignments taken forth word for word out of the Originals Whereby it may appeare how God brought matters to light at seuerall times and in seuerall parts all concurring in substance And with them other Declarations and parts of the euidence ¶ The Confession of Thomas Lee taken the 14. of February 1600 before Sir Ioh. Peyton Lieutenant of the Tower Roger Wilbraham Master of the Requests Sir Anthony Saintleger Master of the Rolles in Ireland and Thomas Fleming her Maiesties Solicitour generall THis examinate saith that Tyrone sent a message to this Examinate by Iames Knowd whom this Examinate by the Marshals warrant in writing had sentto Tyrone before himselfe went to Tyrone that if the Erle of Essex would follow his plot he would make him the greatest man that euer was in England and that when Essex and Tyrone should haue conference together for his assurance vnto the Earle of Essex Tyrone would deliuer his eldest sonne in pledge to the Earle And with this message this Examinate made the Earle of Essex acquainted before his comming to this Examinats house at that time when this Examinate was sent to Tyrone This Examinate sayeth he knew that Essex Tyrone and the Marshall Sir Christopher Blunt were all one and held all one course Thomas Lee. Exam. per Ioh. Peyton Roger VVilbraham Anthony Saintleger Thomas Fleming ¶ The Declaration of Sir William VVarren 3. Octobris 1599. THe said Sir William came to Armagh the last Friday being the 28. of September from thence hee sent a messenger in the night to Tyrone to Dungannon signifying his comming to Armagh as aforesaid and that the next morning hee would meete Tyrone at the Fort of Blackwater where accordingly the said Tyrone met with him and after other speeches by further discourse the said Tyrone told the saide Sir William and deliuered it with an oath that within these two moneths hee should see the greatest alteration and the strangest that hee the saide Sir William could imagine or euer saw in his life and said that he hoped before it were long that he the said Tyrone should haue a good share in England Which speeches of the alteration Tyrone reiterated two or three seuerall times William Warren Certified from the Councell of Ireland to the Lords of the Councell here ¶ The declaration of Thomas Wood 20. Ianuarij 1599. taken before the L. Buckhurst L. high Treasurer the Earle of Notingham L. high Admirall Sir Ro. Cecill principal Secretary and Sir I. Fortescue Chancellour of the Exchequer THe said Wood saith that happening to be with the L. Eitzmorris Baron of Licksnaw at his house of Licksnaw betweene Michaelmas and Alhallowtide last the saide Baron walking abroad with the saide Wood asked of him what force the Earle of Essex was of in England Hee answered he could not tell but said he was well beloued of the Comminaltie Then said the Baron that the Earle 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 whensoeuer hee should haue occasion and would sende for them Onele should sende him 8000. men out of Ireland The said Wood asked the Baron how he knew that He answered that the Earle of Desmond had written to him so much Thomas Wood. Confessed in the presence of Tho. Buckhurst Notingham Rob. Cecill Io. Fortescue ¶ The Confession of Iames Knowd taken the 16. of February 1600. before Sir Anth. Saintleger Master of the Roules in Ireland and Roger Wilbraham Master of the Requests OWney mac Rory hauing secret intelligence of the friendship betweene the Earle of Essex and Tyrone wrote to Tyrone desiring him to certifie him thereof whereby he might frame his course accordingly and not doe any thing contrary to their agreement which letter my selfe did write by Owneys appointment for then I was in credite 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 deliuered to one Turlagh mac Dauie o Kelly a man of secrecy sufficiencie and trust with Owney and he caried it to Tyrone Before whose returne Owney grew suspicious of me because I sometimes belonged to M. Bowen and therfore they would not trust me so as I could not see the answere but yet I heard by many of their secret counsell that the effect thereof was That the Earle of Essex should be king of England and Tyrone of Ireland Afterwards I met with Turlagh mac Dauie the messenger aforesayd and asked him whether hee brought an answere of the letter from Tyrone He sayd he did and deliuered it to Owney And then I asked him what he thought of the warres He told me he had good hope the last yeere and had none this yere his reason was as he said that the Earle of Essex was to take their part and they should aid him towards the conquest of England and nowe they were hindred thereof by meanes of his apprehension I dwelling with the Tanist of the Countrey my mothers cousin germain heard him