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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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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
speake sundry times That nowe the Earle of Essex had gotten one of the swords he would neuer forgoe his gouernement vntill hee became King of England which was neere at hand I saw a letter which the Earle of Essex writ to Owney to this effect That if Owney came to him he would speake with him about that which if hee would follow should be happie for him and his Countrey Iames Knowd Exam. per Anthony Saintleger Roger VVilbraham ¶ The declaration of Dauid Hethrington an ancient Captaine and seruitor in Ireland 6. Ianuary 1599. Taken before the L. Buckhurst L. high Treasurer the Earle of Notingham L. high Admirall Sir Robert Cecil principall Secretary and Sir Iohn Fortescue Chancellour of the Exchequer HE the sayd Dauid Hethrington riding into the edge of the Countie of Kildare about the end of the first cessation fortuned to meete with one Iames Occurren one of the horsemen of Master Bowen prouost Marshall of Lemister who told him that the sayd Iames Occurren meeting lately with a principall follower of Owney mac Rory chiefe of the Moores Owneys man asked him what newes hee heard of the Earle of Essex To which Iames Occurren answered that he was gone for England whereunto he sayd Nay if you can tell me no newes I can tell you some The Earle of Essex is now in trouble for vs for that he would doe no seruice vpon vs which he neuer meant to doe for he is ours and we are his Dauid Hethrington Confessed in the presence of Tho Buckhurst Notingham Rob. Cecil Io. Fortescue ¶ The first Confession of Sir Ferdinando Gorge Knight the 16. of Februarie 1600. taken before Sir Thomas Egerton Lord Keeper of the great Seale the L. Buckhurst L. high Treasurer the Earle of Notingham Lord high Admirall and Sir Rob. Cecill principall Secretarie HE saith the Earle of Essex wrote a letter to him in lanuarie complaining his misfortune that hee desired his company and desired his repaire vp to him by the second of Februarie That he came to Towne on Saturday seuen-night before the Earles insurrection and that the same night late he visited the Earle Who after complements told him that he stood on his guard and resolued not to hazard any more commandements or restraints that he desired him to rest him that night and to repaire vnto him againe but in such sort as it might not be noted That he had bene with the Earle two or three times that weeke and on Saturday being the seuenth of February the Earle tolde him that hee had bene sent for by the Lordes and refused to come deliuering further that he resolued to defend himselfe from any more restraint He further saith that it was in question the same Saturday night to haue stirred in the night and to haue attempted the Court But being demanded whether the Earle could haue had sufficient company to haue done any thing in the night he answered that all the Earles companie were readie at one houres warning and had bene so before in respect that he had meant long before to stand vpon his guard That it was resolued to haue the Court first attempted that the Earle had three hundred Gentlemen to doe it but that he the saide Ferdinando Gorge was a violent disswader of him from that purpose and the Earle most confident in the party of London which he meant vpon a later dispute first to assure and that hee was also assured of a partie in Wales but meant not to vse them vntill he had bene possessed of the Court. That the Earle and sir Christopher Blunt vnderstanding that sir Walter Raleigh had sent to speake with him in the morning the saide sir Christopher Blunt perswaded him either to surprise sir Walter Raleigh or to kill him Which when hee vtterly refused sir Christopher Blunt sent foure 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 Lorde 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 hee made account to bee his friends in the Citie Whereunto he replyed that there was no question to be made of that for one amongst the rest that was presently in one of the greatest commaunds amongst them held himselfe to be interessed in the cause for so hee phrased it and was Coronell of a thousand men which were readie at all times besides others that hee helde himselfe as assured of as of him and able to make as great numbers Some of them had at that instant as he reported to vs sent vnto him taking notice of as much as he made vs to knowe of the purpose intended to haue intrapped him and made request to know his pleasure Ferd. Gorges Exam. per Th. Egerton C. Sr T. Buckhurst Notingham Ro. Cecill ¶ The second confession of Sir Ferdinando Gorge the 18. of February 1600. All written of his owne hand And acknowledged in the presence of Sir Thomas Egerton L. Keeper of the great Seale the L. Buckhurst L. high Treasurer the Earle of Notingham L. high Admirall and Sir Ro. Cecil principall Secretarie ON Tuesday before the Insurrection as I remember I was sent vnto by my L. of Essex praying me to meete my Lord of Southampton Sir Charles Dauers Sir Iohn Dauies and other his friends at Drury house where I should see a schedule of his friends names and proiects to be disputed vpon Whither I came accordingly and found the foresaid Earle Sir Charles Dauers Sir Iohn Dauies and one Master Litleton The names were shewed and numbred to bee sixe score Earles Barons Knights and Gentlemen The proiects were these Whether to attempt the Court or the Tower or to stirre his friends in London first or whether both the Court and Tower at an instant I disliked that counsel My reasons were that I alledged to them First to attempt both with those numbers was not to bee thought on because that was not sufficient and therefore aduised them to thinke of some thing else Then they would needs resolue to attempt the Court withall desired in mine opinion But I prayed them first to set downe the maner how it might be done Then Sir Iohn Dauies tooke inke and paper and assigned to diuers principall men their seuerall places Some to keepe the Gate some to bee in the Hall some to bee in the Presence some in the Lobby some in the Guard-chamber others to come in with my Lord himselfe who should haue had the passage giuen him to the Priuie chamber where he was to haue presented himselfe to her MAIESTIE Ferd. Gorges Knowledged in the presence of Tho. Egerton C. S. Tho. Buckhurst Notingham Ro. Cecill The confession of Sir Iohn Dauies taken the 18. of Februarie 1600. before the Earle of Notingham L. high
should be sent against him And being asked what against the Queenes forces he answered that must haue beene iudged afterwards But being further asked whether he did aduise to come vnto the Court ouer night He saith no. For Sir Ferdinando Gorge did assure that the Alarum was taken of it at the Court and the Guards doubled Being asked whether hee thought any Prince could haue endured to haue any Subiect make the Citie his Mediator or to gather force to speake for him He saith he is not read in stories of former times but he doth not know but that in former times Subiectes haue vsed force for their mediation Being asked what should haue bene done by any of the persons that should haue beene remoued from the Queene He answered that he neuer found my Lord disposed to shed blood but that any that should haue bene found should haue had indifferent triall Being asked vpon his conscience whether the Earle of Essex did not giue him comfort that if he came to authoritie there should bee a toleration for Religion He confesseth he should haue bene to blame to haue denied it Chr. Blunt This was read vnto Sir Christopher Blunt and afterwards signed by him in the presence of vs who are vnder written Io. Herbert Nicho. Kemp. VVil. VVaimarke VVil. Martin Robert Andrewes Iohn Treuor Th. Thorney ¶ The second Confession of Sir Christopher Blunt the same day viz. the 18. of February taken before M. Iohn Herbert second Secretarie of Estate and subscribed by him in the presence of Nicholas Kemp Counsellor at Law Thomas Thorney his Surgeon and William Martin Robert Andrewes and Randolph Bull Citizens SIr Christopher Blunt after the signing of this confession being told that he did not deale plainly excused himselfe by his former weakenesse putting vs in minde that hee said once before that when he was able to speake he would tel all trueth doth now confesse That foure or fiue dayes before the Earle of Essex did rise hee did set downe certaine Articles to bee considered on which hee sawe not vntil afterward he was made acquainted with them when they had amongst themselues disputed which were these One of them was Whether the Tower of London should be taken Another Whether they should not possesse the Court and so secure my Lord and other men to come to the Queene For the first concerning the Tower he did not like it concluding that he that had the power of the Queene should haue that He confesseth that vpon Saturday night when M. Secretary Herbert had bene with the Earle and that hee saw some suspicion was taken hee thought it in vaine to attempt the Court and perswaded him rather to saue himselfe by flight then to ingage himselfe further and all his company And so the resolution of the Earle grewe to go into the Citie in hope as he saide before to finde many friends there Hee doeth also say that the Earle did vsually speake of his purpose to alter the gouernement Chr. Blunt Exam per. Io. Herbert Subscribed in presence of Nico. Kempe Tho. Thorney Rob. Andrewes VV. Martin Randolph Bull. ¶ The Declaration of the Lord Keeper the Earle of Worcester and the L. Chiefe Iustice of England VPon Sunday being the eight of February last past about ten of the clocke in the forenoone the Lord Keeper of the great Seale the Earle of VVorcester Sir VVilliam Knollis Comptroller of her Maiesties Householde and the Lord Chiefe Iustice of England being commaunded by direction from the QVEENES MAIESTIE did repaire to the late earle of Essex his house and finding the gate shut against them after a little stay they were let in at the wicket And assoone as they were within the gate the wicket was shutte vpon them and all their seruants kept out At their comming thither they found the court full of men assembled together in verie tumultuous sort The Earles of Essex Rutland and Southampton and the Lord Sandys Master Parker commonly called Lord Mountegle Sir Christopher Blunt Sir Charles Dauers and manie other Knights and Gentlemen and other persons vnknowen which flocked together about the Lorde Keeper c. And thereupon the Lorde Keeper tolde the Earle of Essex that they were sent from her MAIESTIE to vnderstand the cause of this their assembly and to let them know That if they had any particular cause of griefe against any persons whatsoeuer it should be heard and they should haue iustice Hereupon the Earle of Essex with a very lowd voice declared That his life vvas sought and that hee should haue beene murthered in his bed that he had beene perfidiously dealt vvith that his hand had beene counterfaited and Letters vvritten in his name and that therefore they vvere assembled there together to defend their liues with much other speech to like effect Hereupon the Lord Chiefe Iustice sayd vnto the Earle That if they had any such matter of griefe or if any such matter vvere attempted or purposed against him he vvilled the Earle to declare it assuring him that it should be truely related to her MAIESTIE and that it should be indifferently heard and iustice should be done vvhomsoeuer it concerned To this the Earle of Southampton obiected the assault made vpon him by the Lord Gray Whereunto the Lord Chiefe Iustice sayd That in his case iustice had beene done and the partie imprisoned for it And hereupon the Lord Keeper did eftsoones vvill the Earle of Essex that vvhatsoeuer priuate matter or offence hee had against any person vvhatsoeuer if hee vvould deliuer it vnto them they vvould faithfully and honestly deliuer it to the QVEENES MAIESTY and doubted not to procure him honourable and equall iustice whomsoeuer it concerned requiring him that if hee would not declare it openly that hee woulde impart it vnto them priuatelie and doubted not but they would satisfie him in it Vpon this there was a great clamour raised amongst the multitude crying Away my Lorde They abuse you They betray you They vndoe you You lose time Whereupon the Lord Keeper put on his Hat said with a loud voice My Lord let vs speake with you priuately and vnderstand your griefes And I command you all vpon your allegiance to lay downe your vveapons and to depart vvhich you ought all to doe being thus commanded if you be good Subiects and owe that duetie to the QVEENES MAIESTY which you professe Whereupon they all brake out into an exceeding loud shout and cry crying All all all And whilest the Lord Keeper was speaking and commanding them vpon their allegiance as is before declared the Earle of Essex and the most part of that Company did put on their hats and so the Earle of Essex went into the house and the Lord Keeper c. followed him thinking that his purpose had beene to speake with them priuately as they had required And as they were going some of that disordered Companie cried Kill them And as they were going into the great Chamber some cried Cast the
great Seale out of the window Some other cried there Kill them and some other sayd Nay let vs shop them vp The Lorde Keeper did often call to the Earle of Essex to speake with them priuately thinking still that his meaning had beene so vntill the Earle brought them into his backe Chamber and there gaue order to haue the further doore of that Chamber shut fast And at his going foorth out of that Chamber the Lorde Keeper pressing againe to haue spoken with the Earle of Essex the Earle sayd My Lords be patient a while and stay heere and I will goe into London and take order with the Maior and Shiriffes for the Citie and will be heere againe within this halfe houre And so departed from the Lord Keeper c. leauing the Lord Keeper c and diuers of the Gentlemen Pensioners in that Chamber guarded by Sir Iohn Dauis Francis Tresham and Owen Salisburie with musquet shot where they continued vntill Sir Ferdinando Gorges came and deliuered them about foure of the clocke in the afternoone In the meane time wee did often require Sir Iohn Dauis and Francis Tresham to suffer vs to depart or at the least to suffer some one of vs to go to the QVEENES MAIESTY to informe her vvhere and in what sort we were kept But they answered That my Lord meaning the Earle of Essex had commanded that we should not depart before his returne which they said would be very shortly Thomas Egerton C. S. Edward Worcester Iohn Popham ¶ The examination of Roger Earle of Rutland the 12. of February 1600. taken before Sir Thomas Egerton L. Keeper of the great Seale the L. Buckhurst L. high Treasurer the Earle of Notingham L. high Admirall Sir Robert Cecill Principall Secretary and Sir Io. Popham L. chiefe Iustice of England HE saith that at his comming to Essex house on Sunday morning last he found there with the Earle of Essex the Lord Sandys and the L. Chandos and diuers Knights and gentlemen And the Earle of Essex tolde this Examinate That his life was practised to bee taken away by the Lord Cobham and Sir Walter Raleigh when he was sent for to the Counsell And the Earle said That now he meant by the helpe of his friends to defend himselfe And saith that the deteining of the Lord Keeper and the other Lords sent to the Earle from the Queene was a stratageme of warre And saith That the Earle of Essex told him that London stood for him and that Sherife Smith had giuen him intelligence that hee would make as many men to assist him as he could And further the Earle of Essex said That he meant to possesse himselfe of the Citie the better to enable himselfe to reuenge him on his enemies the Lord Cobham Sir Robert Cecil and sir Walter Raleigh And this Examinate confesseth that he resolued to liue and die with the Earle of Essex and that the Earle of Essex did intend to make his forces so strong that her Maiestie should not be able to resist him in the reuenge of his enemies And saith that the Earle of Essex was most inward with the Earle of Southampton Sir Christopher Blunt and others who haue of long time shewed themselues discontented and haue aduised the Earle of Essex to take other courses and to stand vpon his guard And saith that when the Earle of Essex was talking with the L. Keeper and other the Lords sent from her Maiestie diuers sayd My Lord they meane to abuse you you loose time And when the Earle came to Sherife Smiths hee desired him to send for the Lord Maior that hee might speake with him And as the Earle went in the streetes of London this Examinate sayd to diuers of the Citizens that if they would needes come that it was better for their safetie to come with weapons in their hands And saith that the Earle of Essex at the end of the streete where Sherife Smith dwelt cried out to the Citizens That they did him harme for that they came naked and willed them to get them weapons And the Earle of Essex also cried out to the Citizens That the Crowne of England was offred to be solde to the Infanta And saith that the Earle burned diuers papers that were in a little Casket whereof one was as the Earle sayd An historie of his troubles And sayth that when they were assaulted in Essex house after their returne they first resolued to haue made a sallie out And the Earle sayd that he was determined to die and yet in the end they changed their opinion and yeelded And sayth that the Earle of Southampton sir Christopher Blunt and sir Iohn Dauies aduised the Earle of Essex that the Lord Keeper and his company should be deteined And this Examinate sayth that he heard diuers there present cry out Kill them kill them And sayth that he thinketh the Earle of Essex intended that after he had possessed himselfe of the Citie hee would intreat the Lord Keeper and his company to accompany him to the Court Hee sayth hee heard Sir Christopher Blunt say openly in the presence of the Earle of Essex and others how fearefull and in what seuerall humors they should finde them at the Court when they came thither Rutland Exam. per Th. Egerton C. S. T. Buckhurst Notingham Ro Cecill Io. Popham ¶ The Confession of William Lord Sandys of the parish of Sherborne Cowdry in the Countie of Southampton taken this 16. of February 1600. before Sir Iohn Popham L. chiefe Iustice Roger Wilbraham Master of the Requests and Edw. Coke her Maiesties Atturney Generall HE saith that hee neuer vnderstood that the Earle did meane to stand vpon his strength till Sunday in the morning being the eight of this instant Februarie And saith that in the morning of that day this Examinat was sent for by the Earle of Essex about sixe or seuen of the clocke and the Earle sent for him by his seruant Warberton who was married to a widowe in Hampshire And at his comming to the Earle there were sixe or seuen Gentlemen with him but remembreth not what they were and next after of a Noble man came my Lord Chandos and after him came the Earle of Southampton and presently after the Earle of Rutland and after him Master Parker commonly called the Lord Mountegle And sayeth that at his comming to the Earle of Essex he complained That it was practised by Sir Walter Raleigh to haue murdered him as hee should haue gone to the Lord Treasurers house with Master Secretary Herbert And saith that he was present in the Court-yard of Essex house when the Lord Keeper the Earle of Worcester Sir William Knollis and the Lorde Chiefe Iustice came from the QVEENES MAIESTIE to the Earle of Essex And the Lord Chiefe Iustice required the Earle of Essex to haue some priuate conference with him and that if any priuate wrongs were offered vnto him that they would make true report thereof to her MAIESTIE who no
and leuying warre and the like The Euidence consisted of two parts The plot of surprising her MAIESTIES Person in Court and The open Rebellion in the Citie The plot was opened according to the former narration and proued by the seuerall confessions of foure witnesses fully and directly concurring in the point Sir Christopher Blunt Sir Charles Dauers Sir Iohn Dauies and Sir Ferdinando Gorge Of which number though Sir Christopher Blunt were not at the Councell helde at Drury house no more then Essex himselfe was yet hee was priuie to that which passed Sir Ferdinando Gorge being prisoner in the Gatehouse neere the place of triall was at the request of the Earle of Essex brought thither and auouched Viua voce his confession in all things And these foure prooued all particularities of surprizing the Court and the maner of putting the same in execution and the distributing and naming of the principall persons and actors to their seuerall charges and the calling of my Lords pretended enemies to trial for their liues and the fummoning of a Parliament and the altering of the gouernement And Sir Christopher Blunt and Sir Iohn Dauies from Sir Christopher Blunt did speake to the point of bringing in a toleration of the Catholike religion For the ouert Rebellion in the Citie it selfe it was likewise opened according to the former narration and diuided it selfe naturally into 3. parts First the imprisonment of the Counsellours bringing her Maiesties Royall commaundement to them vpon their allegeance to disperse their Forces Secondly the entring the Citie and the stirring of the people to rise as well by prouoking them to arme as by giuing forth the slanders that the Realme was solde to the Spaniard and the assailing of the QVEENES Forces at Ludgate And thirdly the resistance and keeping of the house against her MAIESTIES Forces vnder the charge and conduct of the Lord Lieutenant And albeit these parts were matters notorious and within almost euery mans viewe and knowledge yet for the better satisfaction of the Peeres they were fully prooued by the oath of the Lord Chiefe Iustice of England being there present Viua voce and the Declaration of the Earle of Worcester being one of the Peeres likewise Viua voce touching so much as passed about the imprisonment of themselues and the rest and by the confessions of the Earle of Rutland the Lorde Sands the Lord Cromwell and others The defence of the late Earle of Essex touching the plot consultation at Drury house was That it was not proued that he was at it And that they could shew nothing prouing his cōsent or priuity vnder his hād Touching the action in the Citie hee iustified the pretext of the danger of his life to be a trueth He said that his speech that the Realme should haue bene sold to the Infanta of Spaine was grounded vpō a report he had heard that Sir Robert Cecill should say priuately That the Infantaes title to the Crowne after her Maiestie was as good as any other He excused the imprisonment of the Counsellors to haue bene against his mind forced vpon him by his vnruly company He protested he neuer intended in his heart any hurt to her Maiesties person That he did desire to secure his accesse to her for which purpose he thought to pray the helpe of the Citie and that he did not arme his men in warlike sort nor strooke vp no Drumme nor the like The defence of the late Earle of Southampton to his part in the plot and consultation at Drury house was That it was a matter debated but not resolued nor concluded and that the action which was executed was not the action which was consulted vpon And for the open action in the citie hee concurred with Essex with protestation of the cleerenesse of his minde for any hurt to the Queenes person And that it was but his affection to my Lord of Essex that had drawen him into the cause This was the substance best of both their defences Vnto which the Reply was DEFENCE To the point that the late Earle of Essex was not at the consultation at Drury-house REPLY It was replied that it was proued by all the witnesses that that consultation was held by his speciall appointment and direction and that both the list of the names and the principall Articles were of his owne hand writing And whereas he saide they could not be shewed extant vnder his hand it was prooued by the confession of my Lorde of Rutland and the Lord Sands that he had prouided for that himselfe For after he returned out of the Citie to his owne house he burned diuers papers which he had in a Cabanet because as himselfe said they should tell no tales DEFENCE To the point which Southampton alleaged That the Consultation at Drury house vpon the list and articles in writing was not executed REPLY It was replied that both that Consultation in that manner held if none other act had followed was treason And that the Rebellion following in the citie was not a desisting from the other plot but an inducement and pursuance of it their meaning being plaine on all parts that after they had gotten the aide of the citie they would haue gone and possessed the Court. DEFENCE To the point that it was a truth that Essex should haue bene assailed by his priuate enemies REPLY First he was required to deliuer who it was that gaue him the aduertisement of it because otherwise it must light vpon himselfe be thought his owne inuention whereunto he sayd that hee would name no man that day Then it was shewed how improbable it was considering that my Lord Cobham and Sir Walter Raleigh were men whose estates were better setled and established then to ouerthrow their fortunes by such a crime Besides it was shewed howe the tale did not hang together but varied in it selfe as the tale of the two Iudges did when one said Vnder the Mulbery-tree and another said Vnder the Figge-tree So sometimes it was That he should haue beene murdered in his bed and sometimes vpon the water and sometimes it should haue bene performed by Iesuits some dayes before Thirdly it was asked what reference the going into the citie for succour against any his priuate enemies had to the imprisoning of the L. Keeper and the L. Chiefe Iustice persons that he pretended to loue and respect and the Earle of Worcester his kinsman and Master Controller his Vncle and the publishing to the people that the Realme should haue bene solde to the Spaniard And lastly it was sayd that these were the ancient footsteps of former Traitours to make their quarrell as against their priuate enemies because God vnto lawful kings did euer impart such beams of his owne glory as Traytours could not looke straight vpon them but euer turned their pretences against some about them And that this Action of his resembled the Action of Pisistratus of Athens that proceeded so farre in this kinde of fiction