of Spain had a good title to the crown of England: which was all, as Mr. Comptroller said, that ever he heard Mr. Secretary speak of that matter. And so the weak foundation of that scandal being quickly discerned, that matter ended; all that could be proved being no other than that Mr. Comptroller had told another, who had after told the Earl of Essex, that Mr. Secretary said to him that such a book said so; which every man could say that hath read it, and no man better knew than the Earl himself, to whom it was dedicated.

DEFENCE.

To the point of both their protestations, That they intended no hurt to her Majesty's person.

REPLY.

First, the Judges delivered their opinions for matter in law upon two points: The one, That in case where a subject attempteth to put himself into such strength as the king shall not be able to resist him, and to force and compel the king to govern otherwise than according to his own royal authority and direction, it is manifest rebellion. The other, That in every rebellion the law intendeth as a consequent the compassing the death and deprivation of the king, as foreseeing that the rebel will never suffer that · king to live or reign which might punish or take revenge of his treason and rebellion. And it was enforced by the Queen's Counsel, that this is not only the wisdom of the laws of the realm which so defineth of it, but it is also the censure of foreign laws, the conclusion of common reason, which is the ground of all laws, and the demonstrative assertion of experience, which is the warranty of all reason. For first, the civil law maketh this judgment, That treason is nothing else but crimen læsæ majestatis, or diminutæ majestatis, making every offence which abridgeth or hurteth the power and authority of the prince as an insult or invading of the crown and extorting the imperial sceptre. And for common reason, it is not possible that a subject should once come to that height as to give law to his sovereign, but what with insolency of the change and what with terror of his own guiltiness, he will never permit the king, if he can choose, to recover authority, nor, for doubt of that, to continue alive. And lastly, for experience, it is confirmed by all stories and examples, That the subject never obtained a superiority and command over

the king, but there followed soon after the deposing and putting of the king to death, as appeareth in our own chronicles in two notable particulars of two unfortunate kings; the one of Edward II., who when he kept himself close for danger, was summoned by proclamation to come and take upon him the government of the realm: but as soon as he presented himself was made prisoner, and soon after forced to resign, and in the end tragically murdered in Barkley Castle. And the other of King Richard II., who though the Duke of Hereford, after King Henry IV., presented himself before him with three humble reverences, yet in the end was deposed and put to death.

DEFENCE.

To the point of not arming his men otherwise than with pistols, rapiers, and daggers, it was replied.

REPLY.

That that course was held upon cunning, the better to insinuate himself into the favour of the City, as coming like a friend with an All hail, or kiss, and not as an enemy, making full reckoning that the City would arm him and arm with him; and that he took the pattern of his action from the day of the barricadoes at Paris, where the Duke of Guise entering the City but with eight gentlemen, prevailing with the city of Paris to take his part, as my Lord of Essex (thanks be to God) failed of the city of London, made the king (whom he thought likewise to have surprised) to forsake the town, and withdraw himself into other places, for his further safety. And it was also urged against him out of the confession of the Earl of Rutland and others, that he cried out to the citizens That they did him hurt and no good, to come without weapons, and provoked them to arm: and finding they would not be moved to arm with him, sought to arm his own troops.

This, point by point, was the effect of the reply. Upon all which evidence both the Earls were found guilty of treason by all the several voices of every one of the Peers, and so received judgment.

The Names of the Peers that passed upon the trial of the

The Names of the Judges that assisted the Court.

SOME PARTICULARITIES

OF THAT WHICH PASSED AFTER THE ARRAIGNMENT OF THE LATE EARLS, AND AT THE TIME OF THE SUFFERING OF THE EARL OF ESSEX.

BUT the Earl of Essex, finding that the consultation at Drury House and the secret plots of his premeditated and prepensed treasons were come to light contrary to his expectation, was touched even at his parting from the bar with a kind of remorse; especially because he had carried the manner of his answer rather in a spirit of ostentation and glory than with humility and penitence and brake out in the hall, while the Lords were in conference, into these words; That seeing things were thus carried, he would ere it be long say more than yet was known. Which good motion of his mind being, after his coming back to the Tower, first cherished by M. D. of Norwich, but after wrought on by the religious and effectual persuasions and exhortations of Mr. Abdie Ashton his chaplain, the man whom he made suit by name to have with him for his soul's health, as one that of late time he had been most used unto 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 have that physician that was best acquainted with his body; he sent word the next day to desire to speak with some of the principal Counsellors, with whom he desired also that particularly Mr. Secretary might come for one. Upon which his request, first the Lord Admiral and Mr. Secretary, and afterwards at two several times the Lord Keeper of the Great Seal, the Lord High Treasurer, the Lord High Admiral, and Master Secretary repaired unto him: before whom, after he had asked the Lord Keeper forgiveness for restraining him in his house, and Master Secretary for having wronged him at the bar concerning the matter of the Infanta, with signification of his earnest desire to be reconciled to them, which was accepted with all Christian charity and humanity; he proceeded to accuse heavily most of his confederates for carrying malicious minds to the state, and vehemently charged Cuffe his

man to his own face, to have been a principal instigator of him in his treasons; and then disclosed how far Sir Henry Nevill, her Majesty's late ambassador, was privy to all the conspiracy; of whose name till then there had not been so much as any suspicion. And further, at the Lords' first coming to him (not sticking to confess that he knew her Majesty could not be safe while he lived) did very earnestly desire this favour of the Queen, that he might die as privately as might be.

mony of the

their hands.

And the morning before his execution, there being sent unto The testihim, for his better preparation, Master Doctor Mountford, and three diMaster Doctor Barlow, to join with Master Abdy Ashton his vines under chaplain, he did in many words thank God that he had given him a deeper insight into his offence, being sorry he had so stood upon his justification at his arraignment: since which time he said he was become a new man, and heartily thanked God also that his course was by God's providence prevented. For, if his project had taken effect, God knoweth (said he) what harm it had wrought in the realm.

He did also humbly thank her Majesty, that he should die in so private manner (for he suffered in the Tower-yard, and not upon the hill, by his own special suit) lest the acclamation of the people (for those were his own words) might be a temptation to him: adding, That all popularity and trust in man was vain, the experience whereof himself had felt; and acknowledged further unto them, that he was justly and worthily spewed out (for that was also his own word) of the realm, and that the nature of his offence was like a leprosy that had infected far and near. And so likewise at the public place of his suffering, he did use vehement detestation of his offence, desiring God to forgive him his great, his bloody, his crying, and his infectious sin: and so died very penitently, but yet with great conflict (as it should seem) for his sins. For he never mentioned nor remembered there wife, children, or friend, nor took particular leave of any that were present, but wholly abstracted and sequestered himself to the state of his conscience and prayer.