Anonymous: The Trial of the Earl of Essex (5 987 words)

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1THE ABBREVIATIONS INDICATED BY APOSTROPHIES IN THE SOURCE
2TEXT ARE RENDERED WITH TILDES: p'tecte - p~tecte, p'sent -
3p~sent.

4    

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5The E. of Essex
6replyed againe that he was far from any daungerous thought
7towardes his Lop or any of the rest wth him, whome he had
8before tyme esteemed as his speciall freindes. he sawe indeede
9that the comaundmt of Allegiaunce could not p~tecte the E. of
10South: from the late iniurye done him by my Lo. Greye, and therefore
11resolved to stand vppon his guard, havinge ye same adu~tisemt

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12on the Saterday night yt his private enemyes were in armes
13against him & the same seconded on the Sondaye morninge by
14p~sons worthye the beleevinge, but (quoth he) for any intent of
15treason towarde her Matie or the State, I am cleare and I can
16avowe asmuch for the rest there p~sent. But my Lo. Steward
17and the rest of yor Lops, I wold not that you shold mistake me in
18this, as if I went aboute to saue my Lyfe: no, I despise it and am
19at peace wth god and have forgott the world, beinge more desirous
20to dye then to live. That wch I speake is rather in satisfacon
21of this nobleman that standeth by me and the rest that are
22engaged wth me, whose hartes are purely affected and whose
23bodyes are able to serve theire sou~aigne and their countrye.
24But to confirme in me the doubte of beinge sr~prised in my house,
25Sr Walter Raleighe persuaded Sr fferdinando Gorges to leave vs or
26he was lost, tould him that he came owte of a sinkinge ship.
27And the advises on Saterday night and Sunday morninge, came
28not from light and vayne reportes but from an honorable
29adu~tisemt. But my Lordes (qth he) I haue had very uniust
30courses vsed against me, Papists soughte owte to accuse, as Tho.
31Blunt, and one Sudall a Preiste, Allsoe Bales a Scrivener confessed
32to me and others that he counterfeited my hand twelve
33tymes. What measure might I then expect from such begininge?
34    To that Mr Attorney spake that it was true yt Bales was hired
35therevnto by a s~vant of th'earles, one John Danyell to th'intent
36that if afterwardes the E. owne hand were p~duced to accuse him
37he mighte have somewhat to allege for him selfe. Heere the Lo.
38Greye stoode vp and p~tested he did not nowe mallice the E. of
39South: ffor he delighted not to presse an abiecte ffortune. That
40wch he offered him in the streete was in respect of a newe iniurye
41wch (qth the E. of South:) was never ment you. The Lo. Steward
42comaunded an ende of that speeche, tendinge but to private
43expostulacon. Then was redd the deposicon of Sr fferdinando
44Gorges to this effect, viz. that he received a l~re from the E. in
45January last, either to come vp to London or to meete in some
46place the 2 of ffebruary. At his cominge the E. told him he

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47stoode vppon his guard, that he ment to trust no longer, but he
48resolved to defend himself from restrainte. Tould him further
49that he was confident in London, and liked not that the Lordes
50shold be his intrcessrs, allsoe that he resolved to call a Parliamt
51havinge once gayned secure access at Courte. That he had a
52stronge p~ty in Wales, but first ment to try London. That he the
53sayd Sr ffer.dinando Gorges came from his charge at Plymouth
54wthout leave, wch beinge knowne to Sr Walter Raleighe his kinsman
55and frend, Sr Walter sent for him to come speake wth him: they
56appointed to meete vppon the water on Sunday morninge, the
57verie day that the E. of Essex began to stirr. And there
58meetinge, Sr Wa. Ra: told him that he wished him to dep~te the
59towne p~sently, or otherwise he wold be layde in the fleete,
60whereto he replyed, tush Sr Wa. this is not a tyme of goinge to the
61fleete, gett you backe to the Courte and that wth speede, for you
62are lyke to haue a bloody day of yt, wherevpon Sr Walter againe
63advised him to come forth of that company. And then Sr fferd.
64Gorges shoved of the Boate wherein Sr Wa. Ra: was and bad him
65hye him there, wch he did p~ceavinge a boate to come off at
66Essex house stayres, wherein were 3 or 4 of the E. of Essex
67s~vantes, with peeres who had in charge either to take or kill Sr
68Wa. Ra: vppon the water. ffor the first p~te of theire meetinge
69vppon the water Sr Wa. Ra: was deposed in Courte to the same
70effecte. The E. of Essex desired to heare Sr fferd. Gorges face to
71face, wherevppon he was sent for, and there delivered as much,
72addinge further that he desired the E. of Essex at his retorne, to
73goe and submitt himself; whereat the E. excepted wth this
74speeche or to the like effecte. Sr fferd. Gorges I wish you shold
75speake any thinge that shold do yor self good, but remember
76that you are a gent. and that yor reputacon oughte to be deare
77vnto you. I pray you answere, did you advise me to cease my
78enterprise? My Lo. (qth he) I thinke I did. Nay (quoth E.) it is
79now not tyme to answere vppon thinkinge, did you indeede so
80counsell me? he answered I did. The E. pausing as it were in a
81wonder replyed thus. Well, let his lyfe and my death witnes

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82howe truely he speakes. Then was agayne vrged the Consultation
83at Drewery house, at wch was p~sent the E. of South:
84whereto the E. of South: replyed wth p~testation of all loyaltie
85in his harte towarde her Matie. And in that he had offended
86her, he was hartely sory, and did in all humblenes beseeche
87her p~don. But touchinge the consultation at Drewery house,
88many thinges were indeede p~pounded but nothinge resolved,
89all beinge lefte in the ende to the E. of Essex himself. But
90(qth he) put the case as you wold haue it, that it was advised both
91to attempt the Courte and Towre att once, neither of the two
92was done: how can it then be made treason? It is true we did
93consult at Drewry house, about securinge the E. of Essex his
94access free from impeachmt and that for noe other end, but to
95p~strate or selves at her mate's ffeete, humblie submittinge or selves
96to her mercye, and laying forth our greifes to her self, whereof
97we thought she had noe true informacon from others. this was
98the end of or meetinge, and not wth any treasonable thought of
99my p~te. I take god to record, and (qth he) I desire the opinion
100of the Judges, whether one thinge consulted vppon and an other
101executed be Treason, ffor we talkte of goinge to the Courte, the
102Towre allso was talked vppon, but the counsell was reiected,
103and this you will haue to be treason. ffor my p~te I knewe
104nothinge in the morninge when I came to Essex house of or
105goinge into London. when I was in London I hard not the
106p~clamacon, I was not neare by the lengthe of the streete. Let
107my Lo. Burleigh speake (I knowe him honorable) whether he
108sawe me in London or not. I never drewe my sword all the
109daye. I am charged to carry a pistoll: I had none when I went
110owte. when I came into London I sawe one havinge a pistoll.
111I desired it of him and had it. But it had never a stone nor cold
112it have hurte a flye. At my retorne into Essex house I did there
113what I could to hinder the shootinge, and for that ende sent Capt.
114White about the house. ffrom this kinde of behavior can be
115gathered noe thoughtes of Treason, and therefore I beseech you
116my Lordes, to censure me not accordinge to the letter of the

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117Lawe but as in yor trewe consciences you are p~swaded of me,
118And in that I was too farr carryed wth love to my Lo. of Essex
119I confesse to haue offended, that before rehersed beinge the
120onely drift and scope of my purpose in this busines. Hereto
121Mr Attorney replyed yt it was palliata Conclusio . Is this (qth he)
122not Treason to force the Queene in her owne house, to sett
123guardes at her gates in her Chambers and all p~tes of house, to
124thintent that havinge her in yor power you mighte doe what you
125listed. Good Mr Attorney (qth the E. of South:) let, let me aske
126you what you thinke in yor conscience, we wold haue done wth
127the Queene yf we had gayned the Courte. I p~test vppon my
128soule and conscience (qth Mr Attorney) I do beleeve she shold
129not have longe lived after she had bene in yor power. Note but
130the p~sidentes of former ages, how longe lived Rich. the 2. after
131he was surprised in the same manner. the pretence was alike, for
132removinge of certaine counsellores, but it shortely after cost him his
133lyfe. such is the vnquenchable thirst of Ambition, wch never
134can be satisfied so longe as any greatnes is left vnatchived. but
135know this for certaine, that to make the Courte or Tower a
136defence for private enemyes is playne Treason. The E. of South:
137replied that the Towre was reiected as a matter of ridiculous to be
138thought vppon: neither was it ment to fortifie at courte, but
139onely to cast them selves at her Mate's feete. The Judges were
140required theire sev~rall opinions for the Question before p~pounded
141by the E. of South: who argued it sev~ally, and agreed that it
142was Treason. My Lo. Admyrall desired to be resolved whether
143the instructions for a consultacon to be had at Drewry house
144were under the E. of Essex owne hands: Then was p~duced
145and redd in Courte the examinacon of Sr Charles Davers to this
146effect, that the Earle of Essex deliberated before Christmas, to
147secure his accesse to her Matie from possibility of resistance, to
148posses himselfe of the Courte, the p~iect of the Earle of Essex,
149his owne hand, to surprise the Capt. of the guard, the Courte
150beinge taken to send to satisfye the Cittye, to call a p~liamt, and
151to bringe his enemyes to an honorable tryall: That he wished

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152the E. to flye wth 2 or 3 gent. and for his owne goinge to the
153consultacon at Drewrie house, he was drawne there vnto, by the
154love he bare to the E. of South: to whome he ought his lyfe.
155he confesseth that he advised to seize the halbertes in the Guarde
156Chamber, wch done they shold wth ease enoughe posses that place,
157beinge p~swaded to fynde many indifferent havinge bene the E.
158of Essex his s~vantes in tymes past. Then was red the Ex. of Sr
159Christ. Blunt, to this effect, At the first his wounde hindred him,
160but p~mised that when he was able to speake he wold tell all
161trewlye, And beinge then Ex. before my Lo. Admyrall and Mr
162Secretarie, he confessed the p~iecte to be as hath bene before
163described. he affirmed that the E. of Essex had a purpose to alter
164the gou~mt, and in communicacon wth him, the E. said that he
165liked not that any man shold be troubled for Religion, That the
166E. sent Wiseman to his wife wth a letter of Complaint into the
167Countrye, requestinge him allso to come to London the xxth of
168Januarye accordinge to appointmt. The E. of Essex answered,
169you p~duce heere Ex. of wittnesses against me, they are in like
170state as I am, they speake like men desirous to live, they testifye
171against me. What reward doe they hope for? Lyfe. I wish
172that wch they speake may purchase that vnto them. ffor I never
173ment to Endaunger any of theire lives, howsoever I speede this
174daye. it is to me a thinge indifferent. I am not in Love wth
175my Lyfe, nor have bene a longe tyme. I could haue bene contented
176to haue dyed in my house when I was besett: But I
177thancke Allmightie God, that he hath reserved me to this daye's
178tryall: But I was driven to this hazard by those that have the
179Queene's care and doe abuse it, inforcinge againste me many
180vntruthes, wch knowinge I choose rather to hazard her Mate's
181mercy: then to abide the daungerous courses that shold run
182against me. Beinge demaunded who were those p~sonnes at wch
183he cheiflye aymed, he answered Mr Secretarie Cecill, the Lo.
184Cobhm~ and Sr Walter Raleighe, against whome he had iust
185cause of exceptons, as wold haue diverted her Mate's favor from
186them. ffor the matter of his goinge into London, he knewe not

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187th'interpr~tacon of the same, but his owne harte he knewe to be
188cleare of the leaste stayne of disloyaltie to his sou~aigne. The
189Lo. Cobhm~ arose and excused himself of any mallice to the E.
190and p~tested to have onely dislyked his ambitious courses, wch
191could not but breede daunger to the State, in wch respect he
192ought to hinder there growthe. The Lo. Steward cut off his
193speeche, affirmyng that the matter alledged by the E. was
194imp~tinent, and willed them to p~ceede to the Judgmt that was
195in hand. The E. of Essex not wthstandinge replied that in his
196opinyon he was not alone, but he was fortified by the opinion of
197honorable p~sons. Then Mr Bacon spake to this effect: I
198expected not (qth he) that the matter of defence shold have bene
199alledged for excuse, therefore I must allter my speeche from that
200I entended. To Rebell in Defence, is a matter not hard of;
201in case of Murder, defence is a good Plea, but in this case, to
202doe all that was done that daye, and then to goe abowte to
203blamich it, I cannot allowe: I speake not nowe to simple men,
204I speake to them that can drawe p~se owte of the nature of the
205thinges themselves. It is knowne by bookes, by experience and
206by common talke, that noe Lawfull intendimtes are bent
207directlie againste the Prince, but there is a walteringe of gou~mtes
208(as the phrase is in Scottland). thes goe noe way but by
209p~ticular Iniuries. My Lors, I cannot resemble yor p~ceedinges
210more rightlie then to yt of Pisistratus in Athens, who launched
211himself to th'intent that by the sighte of bleedinge woundes, the
212people might beleve he was set vppon: Yor Lop. gave owte
213that yor lyfe was soughte by the Lo. Cobham and Sr Wa. Ra:
214and carried allwayes such a shewe of religion in you that mens
215eyes were not able throughe suche a myste to behould the
216deceipte. But you imprisonne the Counsell: what reference
217hath that facte to my Lo. Cobhm~ or the rest. you alledged the
218matter to have resolved vppon on the soddaine. No, you weare
219three monthes in deliberacon. My Lo. descend into yor self,
220and strip you of excuse: the p~ties you shott att (yf you could
221haue rightly vnderstood) were yor best ffreindes. here the E. of

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222Essex interrupted him and sayde, that the speeche of Mr Bacon,
223gave him occasion to alledge him selfe against him selfe. ffor
224(saith he) Mr Bacon beinge a daylie Courtier, and havinge accesse
225to her Matie vndertooke to goe to the Queene in my behalf, and
226for that ende drue a letter very artificiallye, wch was subscribed
227wth my name, allso another letter was drawne, to occasion that
228letter, wch other came from his brother Mr Anthony Bacon, both
229wch he shold shewe the Queene. Gosnole broughte me both the
230letters, and in my letter he did pleade for me, as feelingly against
231those enemyes and pointed them owt as plainely as was possible.
232Mr Bacon answered that thes digressions were not fitt,
233neither wold be suffered, but that the honor and patience of
234this assemblie was greate: he confessethe he had spent more
235howeres to make him a good s~vante to her Matie then ever he
236des~ved. for any thinge conteyned in those letters they wold
237not blushe in the clearest light. But (saithe the E.) lett it be
238indifferently iudged whether I had cause of greife or not, when I
239was informed by those of good Credditt, that an honorable,
240grave, and wise Counsellor did with teares lament the corses they
241were takinge, that besides for that I spake in London, that the
242Infanta of Spayne was intytled to the succession: I had reason,
243ffor it was tould me that Mr Secretarye so sayde to one of his
244fellow Counsellors, that the Infanta's tytle Compativelie, was
245as good as any other in the succession. Allso I sawe soe many
246oppressions in the State, yt I was desirous to sacrifice my selfe in
247the redresse thereof by doinge any thinge that a Loyall subiecte
248mighte doe Herewith. Mr Secretarye beinge present besought
249the Lo. Steward vppon his knee to give him leave to answere the
250E. of Essex, wch he seemed loathe to doe as not beleevinge what
251the E. had taxed him wthall: and the Peeres made one semblance
252of givinge light credditt thereunto. Mr Secretarye began
253to this effecte. My Lo. ffor witt I give you the p~eminence, you
254have it aboundantlie. ffor birthe I give you place. I am not
255noble, yet I am a gent: neither am I a sword man. You haue
256therefore the oddes of me. Butt I have inocencye to p~tect me

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257from yor malicious slander, and I stand here in the p~son of an
258honest man: you there in the p~son of a Traytor. Wherefore I
259do here challenge you yf you dare, to name vnto this honorable
260assembley, that Counsellr to whome I shold speake those wordes.
261The E. replyed wth a kynde of frowne to be dared, that they all
262knewe he had not named one man, that daye for an other,
263neyther wold he. Then (qth Mr Secret:) it must be beleeved to
264be a ficcon. No (qth the Earle) it is not, for the noble man that
265standeth by me hard it: and it was told ioyntile to vs both.
266Then Mr Secretary said to the E. of South: in effecte, as
267followeth, if it be so then, my Lo. I coniure you by all the love
268and frendshipp that hath bene betwixte vs, and as you are a
269Christian: by the honor of yor name and howse and whatsoever
270else you hold honorable, as I p~test I holde you severed from him
271in impudencye, that you name here the Counsellr to whome I
272shold speake it. The E. of South: answered, that he referred
273himself to that honorable Courte, whither it were fytt for hym,
274in the case he nowe stoode, to name him. I refer me (qth he) to
275yor self Sr, and if you will say vppon yor honor yt it were fitt I
276did name him, I will. I p~test (qth Mr Secret:) before you and
277heaven, that yow should do yor Prince and Countrye a most
278acceptable s~vice, for I were a verie vnworthye man to hold that
279place I doe in the State if I were to be touched in that sorte.
280Then the Earle of South: named Sr Willm. Knolles to be
281the Counsellor to whome he shold so speake. Then (Mr Secret:)
282vppon his knee besoughte the Lo. Steward that Sr Willm
283Knollis might be sent for, wch was graunted. And Mr Secretarie
284p~ceeded in an open p~testacon, that he never hated the p~son of
285the E. but his ymodderate aspiring. That he had told the
286Queene since my Lo. restreinte at my Lo. Keepr, yt he hoped yt
287this late affliccon wold fitt hym to her Mates service, and did but
288attend a fitt tyme, to move her Matie to call him agayne to the
289Courte. Then the Q. Counsell p~ceeded to the Evidence,
290obiectinge to the E. of Essex his cold hipocrisie, for as much as
291havinge in his house contynuall preachinge, he yet was contented

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292to Sr Christ. Blunt: to p~mise a tolleracon of Religion. To that
293the E. answered, yt he knewe Sr Christ. Blunt to be a Papist
294and had often sought his con~ion and (qth he) beinge in speeche
295together aboute those matters, oh (qth Sr Chr. Blunt), my Lo. you
296are in passion against those of my p~fession: whereunto I answered,
297did you never knowe yt at such tyme as I had power in the
298State, I was willinge noe man shold be trobled for his conscience.
299the E. of South: besought leave to speake, and spake to this
300effecte. I was ignorant (qth he) of the Lawes, therefore mighte
301easely transgress the bondes thereof. The first and onely motive
302that led to my stirr wth my Lo. was my love to my Lord, tyed vnto
303him both by the bondes of Allegiance and his manifold des~tes
304towardes me. In respect whereof I was content to indure wth
305him the utmost hazard: for I sawe his case verie desp~ate for
306favor & therefore I consulted wth others to steere his passage to
307her Matie. I p~test before allmightie God for noe other end then
308to p~strate or selves at her ffeete, wherein was never mencon made
309of sheddinge one drop of blood, And if in this my affection, I
310have bene transported beyond the Limittes of the Lawe, and
311that her highenes is displeased therewth, I doe in all humblenes
312crave her p~don and mercye, wherein I will never dispaire. I
313hope her Matie, beinge Gode's Leivetenante vppon earthe, will
314imytate him in Lookinge to the Earle and not condemne me for
315that, wherein onely through ignoraunce of her Lawes I have
316offended. heere Mr Secre: beinge moved wth a deepe touche of
317ymputacon layde vppon hym by the Lo. of Essex, humbly desired
318leave to move the Courte, wch graunted, he spake as followeth.
319Sr Willm. Knollis (qth he) is sent for. I knowe not by what
320messenger, neither whether he will come or not. I therefore
321beseech yor grace yt some sure gent. may be sent as hath free
322access to her Mate's p~son, and yt may p~sent vnto her my humble
323desire that it wold please her to comaunde him to come, and in
324my opinion this gent. that standes here, Mr Knyvett, a gent. of
325her Mate's preivy Chamber, were a verie meete man. The Lo.
326Steward, and the 7 Peeres consented. then Mr Secretarie turned

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327his speeche to Mr Knyvett to this effecte. Mr Knivet goe and
328deliver faithfullie this messuage to her Matie & I further coniure
329you as you are a gent. and do tendr yor reputacon, by all or Love
330and by yo dutye you owe to or Sou~aigne and Conterye, that you
331add this further from me to her Matie, That if either owt of want
332of care of me, or content to her self, she shall deny to send him, I
333doe here vowe vppon my salvacon, that I will never s~ve her as a
334Counsellor or Secretarie, but will live and dye her subiect and
335vassaile. I pray you forgett not to deliver it wth this p~viso, that
336I will dye her vassayle and subiect. Then they p~ceeded againe
337to the Evidence. And it was demaunded by Mr Attorney of
338the Judges to resolve the Courte whether to offer by force to
339remove anye of her Mate's Counsell be Treason or not? And it
340was answered to be treason. Allso, whether for a subiecte to
341make his passage to the presence of his prince by force vppon
342her Courte or Counsell were Treason, or not? It was likewise
343adiudged treason. Then it was vrged by Mr Attorney, that
344it was playne, that force was vsed, for foure of the Queene's
345subiectes were slayne, allso the attempt of the Courte was
346resolved at Drewry house. Whereto the E. of South: replyed,
347That the resolucon was not testified by Sr Charles Davers. No
348(qth Mr Attorney). But Sr John Davis witnesseth a plain resolucon,
349wherevppon was redd the examinacon of Sr John Davies, to
350that effect, and in the rest agreeinge wth the others. Then the Lo.
351Admirall stoode vp and tooke witnesse of the Lores there present
352that there was noe losse of men till seven of the Clocke, on the Sondaye,
353at wch tyme they vnder~stoode at Courte howe thinges passed
354at Essex house, And therefore it was not likelye the E. of Essex
355shold stir vp any such doubte. The E. of Essex wth p~testacon
356that not to save his owne lyfe, wch he cared not for, but to
357deliver a trouth, for theire sakes that were ingaged wth him,
358Affirmed againe that he was twice informed of a force levied,
359and for the matter of force obiected in killinge the Ques subiectes,
360he p~tested it was much against his mynde. And that the bloode
361of his Counterye men was verie deare vnto him. Neither (sayd

page 19


362he) did I ever drawe my sworde, till I was charged at Ludgate,
363where I was shott twice in the hatt. I was told my Lo. of
364Cumberland was there. I desired to speake wth him and to
365make my self be vnder~stoode of him. And for that end willed
366the Company that was wth me to stay. Then was Sr John
367Luson deposed, to whome was comitted the charge of Ludgate,
368that no messuage came to him from the E. after the first shott,
369wth many other circumstances of the E. behavior, of the killinge
370of the waytes there &c. In this meane while Sr Wm Knollis was
371come. And there in open courte did release Mr Secretarye of
372the speeches, and to put the matter quite owte of doubte, he said
373that there was a sedicous booke sett out, vnder the name of one
374Dallman, wch very corruptly disputed the tytle of the succession,
375derivinge it as Lawfull vppon the Infanta , as any other.
376And Mr Secretarye and he beinge in talke aboute that booke,
377Mr Secret: spake to this effecte, Is it not a straunge impudency
378in that Dallman to give equall righte in the succession of England,
379to the Infanta as to any other. herevppon (qth Mr
380Comptroller) was grownded the sclaunder of Mr Secretarye,
381whereof he is as cleare as any man here p~sent. The Earle of
382Essex replied, that it was tould them in an other sence. noe my
383Lo. (qth Mr Secretarye) yor Lo. owt of yor mallice to me desires
384to make me odious, and of yor mallice haue noe other ground,
385then the breath betwene vs of the peace wth Spayne, wch I
386labored for the good and quyett of my Countrye, as for my
387affection to advaunce a Spanyshe tytle to England, I am so far
388from yt, that I hate to think of it. And I pray god to consume
389me where I stande, If I doe not hate the Spanyard as much as
390any man lyvinge. But wth you it hath ever bene a Maxime , to
391pr~fer warr before peace, in respecte of the consequence to yor
392followers, and dependers. Divers other speeches passed betweene
393them, wch I remember not. Then they p~ceeded agayne to the
394matter, And there were red the Examinacons of the E. of Rutland,
395Lo. Cromwell and Lo. Sandes. The E. of Rutlandes was
396to this effecte That he came to Essex house one the Sonday

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397morninge and it was then told him that the E. of Essex lyfe was
398soughte by the Lo. Cobh~m and Sr Wa. Ra: that the E. of Essex
399told him that the Cittye stoode for hym, and that Sheriffe
400Smithe had p~mised to rayse him as many men as he could.
401That in London the E. of Essex made a speeche to the Townesmen,
402and in the end thereof told them, that they shold arme
403them, for that the Kingdome was offered to be sold to the
404Infanta. And said, they did him harme in comynge forthe
405naked. The E. of Essex interrupted the Clerk of the Crowne,
406beseechinge the Peeres, to note the weaknes of the E. of Rutlandes
407tale, who named neither tyme not place and wthall
408p~tested that he sent for noe man. Then was alledged, that he
409wrought for the E. of Sussex vnder p~tence to come and meete
410wth a number of his ffreindes (as the E. himselfe there p~sent
411confessed). The E. of Essex answered, that he had a desire to
412satisfye all the honorable spirittes of England (in wch number he
413tooke his Lop) that the messuage to the Lo. Mayor was either to
414come or to send to Sheriffe Smithe's, into whose handes they
415wold put themselves, to be cutt in peeces, if they shold attempt
416any thinge vnlawfullie. And make me (qth he) as wicked as owte
417of any humr of yor harte you wold make me, yet you shall not
418make me absurd to goe into the Cittye after such a fashion as
419you describe yf I had not apprehended an ymminent daunger.
420Then was farther vrged, that the E. of Rutland had confessed
421that the E. of Essex was spurred forwards by the E. of South:
422(who whispered him in the eare) It was allso obiected to the E.
423of South: by Mr Attorney that he was a Papist : and had had
424conversation wth Preistes: whereto the E. of South: answered
425that for the first matter, the E. of Rutland might mistake,
426affirmynge that he onely wished my Lo. of Essex to goe vp into
427a chamber: And for the last it was very uniustly vrged, for he
428tooke vppon his salvacon that he never knewe Preiste, but only
429one Wright, and wth hym he never conversed in all his Lyfe, and
430yf it could be otherwise p~ved he desired to dye. The Lo. Cromwell's
431Ex. was he knewe nothinge tyll Sunday morninge,

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432when seeinge the E. of E. pass by his lodginge in ffleete streete,
433he followed hym into London. he hard the E. of Essex cry for
434all yor good my maisters, that the Realme shold be soldd &c.
435Nay my Lo. (qth Mr Attorney) howsoever you goe aboute to
436cloake matters, and to make a p~tence of an innocente harte,
437these Deposicons of men of yor owne companye admytt noe contradiction:
438And I wonder not at yor denyall, for you will appeare
439to be of all religions, one while Papist, an other while a Puritaine,
440and that but to gayne vnto yor selfe all sortes of people. It will
441allso be p~ved that you have practized wth Tyrone: To that the
442E. answered he could not p~ve it: he defyed all the world for yt
443matter. Yes (qth Mr Attorney) you sent Lea to him as he hath
444confessed. The Earle againe denied it, affirminge that it was far
445from him to trust Lea in such a busines. yes (qth Mr Attorney)
446and it shall appeare, that Lea had direction from you to attempt
447the Queene, for the wch he was executed as a Traytor the other
448daye. The E. answered that he never sett him a worke, nor
449never heard that he was apprehended till Mr Warburton told it
450him. And to the former obiection of Mr Attorneye touchinge
451his relligion, he p~tested that he never was sectarie, and then
452excused himself of havinge delte against the Bishops: havinge
453beene in his younge tyme ledd theretoe by some hott spirittes,
454wch since are growne to a better temper. And for Papistrie, he
455doubted not but all the worlde wold cleare him from that ymputacon.
456The Lo. Sandes his Examinacon was redd to this effecte,
457vz. that he came to Essex house aboute vi. a clocke in the morninge,
458And went wth the E. of Essex to Sheriffe Smithe's house,
459and stayde wthoute till he was sent for in by the Earle. where
460the E. told him he wold go backe to his house, for there was a
461blacke bagg that shold tell noe tayles. wherevppon Mr Attorneye
462tooke occasion to speake: That yf that black bagge could
463have bene lighte vppon, there wold haue bene found much good
464stuffe. ffor (qth he) Bothe Sr John Davies and Sr Charles Davers
465doe depose that you said vnto them that black bagg could tell
466that you were betrayed in London. Wch allso is witnessed by

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467Bussell, who was very forward wth you. But you were confident
468in London, havinge beene p~swaded by yor sicophantes that all
469the Cittie was of yor p~te and in yor pride and overweeninge of
470theire p~takinge, yow contemned the Qne's Royall authoritye, her
471herraldes wold not be harkened vnto. To this the E. of Essex
472replyed, as for Bussell, he was never inward wth him, he was
473his servante and wayted one hym att his table, and that was all
474the greatnes. And for the herralde, he beleved not that he had
475authoritye to doe that he did, beinge a man of noted dishonestie,
476and was burnt in the hand: I never (qth the E.) conferred nor
477attempted any thinge but to th'ende to serve my Countrie and
478sou~aigne, by makinge her Matie vnde~stand vs, wch we cold not
479doe for the potencye of or enemyes, that were aboute her. And
480therefore I do laye a charge vppon you all my Lo. and those
481that be hearers that notwthstandinge all Eloquence vsed to make
482me seeme a Traytor, a Papiste, a Sectarie and an Atheiste, and
483to haue vsurped the Crowne, you will yet witnes wth me and so I
484doubte not but to manifest, by goinge wth a courage and cherefully
485vnto my death, that I dye a good Christian, and never
486soughte to exceede the degree of a subiecte: howsoever I have
487bene delte wthall. I euere soughte to appease all humor of
488revenge, and for confirmacon thereof was resolved to receave the
489Sacramt till the attempt vppon the E. of South. I am far from
490Atheisme, and doe desire to dye as a Christian and an Earle,
491that haue faithfullie s~ved my Prince and Countrye, whatsoever
492others have testified, out of the weaknes of theire hartes against
493me, or to seeme to haue said enoughe I desire it may not lye
494heavye vppon me. I never thoughte of a p~liamt. Then Mr
495Attorney told him that it was not possible but his purpose must
496be to sett the Crowne vppon his owne heade: ffor (qth he) you
497drewe manye Earles, Barons and gent: of greate houses into the
498busines wth you. howe shall it be thought you could haue
499rewarded them owte of yor maymed estate. The E. answered
500noe other waye then vppon or knees to her Matie. Then Mr
501Bacon spake to this effect. I doubte the varietie of the matter,

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502and digressions haue sever~ed the Judgmt of the Lo: And therefore
503I hold it necessarie to recyte the Judges opinyons. That
504done he p~ceeded to this effecte. Nowe put case (qth he) the E.
505of Essex intent were as he wold have it beleeved, to goe as a
506Suplt to her Matie, yet shall their peticons be armed peticons, wch
507allwayes p~cede losse of libertie to the Prince. Neither is it a
508nyce poynt of Lawe (as my Lo. of South: wold have it beleved)
509that condemnes them of treason. But even Comon sence to
510Consulte to execute and run together in numbers, in these doblettes
511and hose, armed wth weapons, what can be the excuse?
512Warned by the Lo. Keep: by a herrald, and yet p~sist, Will any
513simple man take this for les then Treason?