"
THE Commissioners were, The earl Not Indictment, because the Indictment charges
tingham, Lord High Admiral, the lord Hunsdon, Lord Chamberlain, Mr.
THE Commissioners were, The earl Not Indictment, because the Indictment charges
tingham, Lord High Admiral, the lord Hunsdon, Lord Chamberlain, Mr.
Complete Collection of State Trials for Treason - v01
Said, God and the coun try, might see his Jury.
He said farther, (protesting was not Guilty any intent) that my Lord Admiral had long sought his life, and now he was like have
The Jury called, took exception saying, liked not his face; but urged
Indictment; and after that came sir Robert Cross, you shall hear, and opened his whe purpose large persuade him. That these worthy men deserving honour for their loy alty, refused, and revealed his vile plot good
one, time. And thus much he had coofessed under shew his hand. + other reasons, challenged him peremptorily. Lee. What have set my band to, cannot
But that, the Judges told him, could not al
tell; but am sure had never such intent you would persuade the jury had.
Att. Gen. That proved by
Robert Crosse, what you meant when you went about persuade him.
Lee. persuaded him not and he will not say so.
Att. Well; shall speak before your
lowed that case.
Capt. Lee. Then ou will.
-
am contented; proceed
the end the calling
Treason was; namely, intend lay violent
hands upon her majesty, take away her
life; raise Rebellion even the intent was face. Treason, could
act.
Justice,
and impannelling, advertised the Jury what
Att. Gen. That stood the bar, guilty
would prove him that That upon Thursday about night capt. inany foul Treasons. Lee, came lodging, being ready
discovered any overt Then Robert Crosse was sworn, and set sight the prisoner; and began teli
Lee. Nay for your wit and learning, you abroad, and told him, should not go out,
shall never
Though yet take
that.
care not what you can yet must speak with him; and taking
him aside, spoke him these matters
Treason, and said, that half dozen resolute men, &c.
the MS.
Crosse, Crofts, Camden writes
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1405] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1406
Lee here interrupted him, saying: Nay, Lee lean'd hard upon him, and said, was one
ood Robin Crosse, speak
the truth. the wonders
give him leave action with the earl
God that was not this Essex. Why? said Mr.
well acquainted, and
Mr. Attorney willed Lee
speak upon his oath.
Lee replied, would nothing but put him
Poynes. was
mind the circumstance and said, Good Itobin, remember how began.
Sir Robert said would. Thus then you spake me:—I marvel what will become these matters; man might brave act set those lords liberty. Why how quoth Marry Walter Rawleigh might get him eter nal honour and love more than ever he can other
wise would procure her majesty's warrant
much with my lord Essex, answered he. Then they paused. And capt. Lee asked, Whether the queen were supper? Mr. Poynes answered, No.
Att. Mark, the rest was but bring this.
Mr. Poynes told Lee farther, perhaps might good service, were well ac quainted with the earl, was likely knew somewhat of the Plot. Not answered Lee but you shall hear more villanies and knaveries yet.
Att. Mark: what meant that speech?
To this capt. Lee could not deny but spake it; but said, how was there had any company had any dagger any thing
about me, that might shew meant the queen any harm No, had not, neither did mean any such thing; and for my being the
free them, which taking her person.
might compass under answered, you may Then Lee replied,
sure will not
half dozen resolute men, such might have access the presence, would step unto the queen, and kneel before her, and never rise till she had signed warrant, and then send
the Lord Admiral, and never stir till the earls
Essex and Southampton were brought the
queen's presence, they might And then Privy-chamber, door, had been there 500
named Henry Nevil, sir George Gifford,
selves. objected, how
Jarvis Clifton, times, and never was noted. And what reason Weston, and them had for my lord Essex, adventure any some should offer such thing. have spent my blood her ma
come upon us, and remove from her ma jesty's service, and would again.
jesty. He answered, we might keep any body Attorney. You mark, there was love be
out shutting the door, and telling them that tween him and the traitor Essex. And then
offered come that any harm came Mr. Attorney caused Letter read, which the queen, she should otherwise than was written the behalf of Lee the now
well,
which upon
with protestation, saying, never meant
an actor myself, persuade any other
And what wretch am thought
their peril and this was all. To deputy the earl Essex: “That knew Robert answered, would sleep was for one place what would
and farther, What unreasonable thing Lee. But did persuade you, Robert, was for any require that his friends hands,
his colour, that was pale, his countenance stern, and his face having great drops sweat stand
was extreme pale, and great sweat, and frequently asked, Whether her majesty was ready supper and, Whether the Council would there this posture
was seized, and examined, the next day had
his Trial, and Crofts's Evidence and his own Confession, condemned, and carried away
Tyburn where owned that had been indeed great offender: but this design was very innocent; and having moreover pro
tested, that had never entertained the least thought against the queen, was there exe
cuted. And this, the times were, appeared very seasonable piece rigour. ” Camden.
ing it. ” When
“On the 12th kinsman
the honour Crofts, captain
cane near him, capt.
February, Thomas Lea Henry Lea, who had wore the garter) told Robert
man war, that would be glorious enterprize for six brave mettled
fellows the queen. and compel her discharge Essex, Southampton, and the rest
that were prison. He was man himself great assurance and resolution, had com imanded company Ireland, was very inti
that were out of time. He desired his lord
ship take notice the bearer capt. Lee, vil one near allied him, and that suffered for
lain for that never meant? For my lord him; one that did good service any,
Essex, indeed, loved and honoured him, when himself was Ireland, and one that
long thought him honest man and was well seated for service any; thus,
good-subject. spake these words with if; whatsoever he did for the bearer, he would ac
such thing could done. knowledge for himself: and con
Attorney. Why pressed you the Privy cluded. ”
chamber door such time, where you were Then likewise was read the Confession of not wont come? -
And then was shewed the Examination of mate with Tir-Oen, and an absolute creature William Poynes, (who was himself the Fleet) of the earl of Essex's. This did Crofts imme this purpose: That saw capt. Lee press diately discover the Council; insomuch that
towards the Privy-chamber door, and stand Lea was sought for, and found the dusk very near, and mistrusting the worst, drew to the evening about the door the queen's wards hion. When came near, marked Privy-chamber. He seemed very thoughtful,
in
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all
man in England, saving Henry Lee. Att. This being but the prologue suing tragedy, would give taste
practices and treasons the earl and his complices.
Lee. He doubted the treason would light on some of them that held the earl traitor.
Seminaries and Priests, entertaining them
Mansfield riding his coach after he was ap
prehended, that shewed himself guilty, and willed sir Robert should be sworn.
deal with the king make himself king
Spain and the pope, England.
Lee. Who! my Seminaries and Priests nay,
Essex
call them reckoning any such matter. Mr. Attorney said further, well known
lord
deal with well known
o
1407] STATE TRIALS, Eliz. 1600–Arraignment Captain Lee, [1408
capt. Lee to this purpose, That he loved and namely, that the marshal was well known honoured the earl of Essex as much as any not such things, far less consequence,
that the earl Essex used this capt. Lee
messenger Tyrone; and Tyrone made him his
bedfellow, and capt. Lee brought message back against sir Robert Mansfield.
without the earl's privity and consent. Again, en the earl Essex made privatero jour the ney the then house the said Lee, where
Essex, the said Christ. Blunt lay sick, and within day after, Christopher sent him Tyrone.
Whereat confused noise there was, That of his Indictment.
he was villaim defend Traitor. Mr. Attorney urged, That was very likely
Mr. Attorney proceeded shew the queen's that this man had been made acquainted with
great grace sending him the said earl, and these late practices; which Lee with protesta
the contempt and indignities offered those tion denied.
lionourable persons and counsellors sent call Mr. Attorney. Nay, could not but
him
The firming
his allegiance.
Justice spake this point, con own knowledge what the Attor
must have did,
crimine,
meaning, that he should offer, kill the earl Essex, fiagrante that sort, and after enter into this
ney said, much after the manner was deli plot and practice. Mark, said the Attorney,
vered the earl's Arraignment. The Attor ney, continued he, would his own knowledge affirm, that the associates and complices
the earl this practice, were these three sorts: either Atheists, Papists, men broken estates: for he had looked into them all
particularly. Then named Christ. Blunt
and John Davis, known Papists: Catesby been of resolution that should have under
and Tresham likewise; the last which said was stock, that was genere minar Dei, and was that abused the Lord-keeper Essex house; Salisbury also named notable villain, and these seven years together laid out for the Lord-Chief-Justice, and
rest said could speak.
taken such thing, and such would not fear displease her majesty for half hour,
To these Confessions read, capt. Lee an swered nothing, not belonging the matter
said they might ‘force’ her majesty it: mark this word, “force,” (which,
member, was some part his own Contes
sion) “Go unto her, and never leave her she had done it. ”
Lee. Why did say, with an If; and then
am not fool, but know they must have
please her her life after but never meant have been actor myself.
The Court, affirmed was Treason under the take “force' her majesty do any thing
against her will.
plain Capt. Lee. never undertook
Mr. Attorney. Besides Ireland,
proved, how held intelligence with Mr. Attorney urged his words sir Robert
Sir Robert Mansfield affirmed, That capt. Lee should say, that had humbly sued he too much disliked those Pater-noster fellows her majesty this twelvemonth, that might
the earl Essex, had confessed. Then Sir Robert protested would neither wror there was some mention of setter between him, nor any man; and but for this cause. them; but could not well hear what. Then was had no reason think otherwise than well
read capt. Lee's confession that point, how capt. Lee.
sir Christ. Blunt, being marshal, sent him
Tyrone, and when came, found him very
peremptory, using insolent speeches, and con
demning our nation base people, and said
the earl Essex was sent kill him, but
should not compass it; any his slaves might tnany ways having passed the danger the
easily kill the earl, but would not take the law, being full cruelty and blood.
life any. And further, would (meaning Capt. Lee answered, was the worst this
the earl Essex) follow his Plot, would her majesty did for him, pardon him.
make him the greatest England. Capt. Lee Mr. Attorney. Hark, how ungrateful
had them read out they left- out much Capt. Lee. Nay, humbly thank her mis matter that should be known. jesty for that her grace; but had been better
Mr. Attorney would not have any further for me had died then. have lost grea: thing read, and pressed further, the circum deal blood since, and now am like eco stances that Lee had confessed, that made him worse: and for that said am bloody
think the earl Essex know
going; man and cruel; protest have been tier
employed some service, wherein might
have some throats cut had done somewhat Capt. i. ee seemed
and now thought
and cared not live, his enemies were inau, and great.
Mr. Attorney urged her majesty's pardon him heretofore; for said, he was mas
bring him his end— take some exceptor.
Capt. Lee confessed had lived misery,
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1109] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1410
majesty's service forward, and indeed in fair God's mercy for pardon, pronounced Judgment;
fight I would do the worst against her ma which took patiently.
jesty's enemies : but when they submitted They asked him, what had say
to my mercy, I ever used them but as be answered, nothing; but desired iny lord Lon came a soldier and a gentleman, as merciful don, that might have one sent him, for
as any.
My lord of London told him, he knew it was
He should have his right; nobody should wronged. —So the Court broke up: Captain Lee still protesting never intended
any such thing against the queen was laid
his charge; which continued affirm after Capt. Lee. What? I am not a fool to be wards Mr. Pasfield, whom confessed
a common thing in Ireland, they would not be
lieve a man was dead till his head were off; and
so you would not have any body persuaded liked those Paternoster fellows; but desire that you were a traitor, unless her majesty minister, and receive the Sacrament: and (God bless her) were dead.
Lee. No, my lord, I never meant any such thing. You know, my lord, it was ever my
further desire, my lord chief justice, that my son may have wrong, and that may have that little that had got together, and should leave behind him; for was his right, and his son might prove honest man, and - his country good service one day.
fault to be loose and lavish of my tongue; and
that was my fault now, and I am like to pay for it.
Then the Jury were put together, who quickly found him Guilty.
Upon Verdict given, Mr. Attorney said, Now capt. Lee, you may do well to confess this mat
ter, what you know, and who set you on.
set on like a dog upon a bear; nobody set me
on, for I endeavoured nothing.
Mr. Recorder, with a very grave admonition
to him, to make him see his fault and
his other sins very freely, even taking his death upon He died the next day Tyburn very Christianly, confessing other vices, but still
denying this.
man
Lord jesuit
his case.
London. What? you would not have priest
Capt. Lee. No, am Protestant: never
73. The Trial Sir CHRISTOPHER BLUNT, Sir CHARLEs DAv ERs, Sir Joux DAvis, Sir G1 LLY MERRICK, and HENRY Cu FFE, Westminster, for High Treason: EL1z. March 1600.
"
THE Commissioners were, The earl Not Indictment, because the Indictment charges
tingham, Lord High Admiral, the lord Hunsdon, Lord Chamberlain, Mr. Secretary Cecil,
Popham, sir John Fortescue, Chancellor the Exchequer, Mr. Secretary Herbert, and di vors the Judges.
The Commission being read, the Court pro
cceded the reading the Indictment. After
which the Clerk asked them they were Guilty the Indictment, not Guilty.
that they intended and compassed the Death and Destruction the Queen. ’
Wherever the subject rebelleth, riseth forcible manner over-rule the royal will and power the king, the wisdom and foresight the laws this land maketh this
construction his actions, that intendeth deprive the king both crown and life; for
Sir Christ. Blunt. My lords, we desire know whether we may not confess part Indictment, and plead Guilty the rest.
Your pleading must general the whole, either Guilty not Guilty.
the
the law judgeth not but the intent
Queen's Counsel.
mystery quiddity
clusion warranted
the fact the intent, the fact.
This construction no
law, but infallible con reason and experience: garland, mere out
for the crown not
Whereupon they pleaded Not ëns, and ward ornament, but consists pre-eminence
substantial Jury was impanelled, which con and power; and therefore when the subject sisted Aldermen London, and other gen will take upon him give law the king, and
tlemen good credit.
Sir Blunt, sir Charles Davers, and sir John
Davis, confessed, That was their design come the queen with strong force, that
they might not resisted, and require
her divers Conditions and Alterations of Go
make the sovereign and commanding power become subject and commanded, such subject layeth hold the crown, and taketh the sword
exam verminent; nevertheless they intended per ples both home and abroad manifest; and
sonal harn the queen herself, and that was the reason why they could not confess the whole
See fuller account this Trial, p. 1415; but Merrick and Cuffe's Speeches are the end this Trial, and not there, we chose not
omit this, which introduces them. WQL.
therefore when their words testify one thing, and their deeds another, they are but like the protestations used Manlius, lieutenant Ca tiline, who conspired against the state Rome, and yet began his letter, Deos hominesque tes
tamur, nos nihil aliud, &c. denying they intend T
Sallust.
out the king's hand. The crown upon the king's head, that cannot off, but head and life will follow,
fastened pulled
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fit
1411] STATE TRIALs, 43 Eliz. 1600–Trial of Christopher Blunt, [1412
any thing against their country, but only ing Essex-House, was not there by force provide for their own safety. —But admitting and compulsion, but freely and voluntarily that the Protestation the prisoners was far there was distribution the action, soune toue, that they had not that time their were make good the house, and others
minds formed and distinct cogitation have destroyed the queen's person, yet nothing more variable and mutable than the mind of
man; and especially Honores mutant mores when they were once aloft, and had the queen
their hands, and were peers my lord Essex's parliament, who could promise what mind they would then be? especially when considered that my lord Essex his arraign ment defended his first action imprisoning the privy counsellors, pretence that was forced
his unruly company that them selves would not have had, would not seem to have had that extreme and devilish wicked
ness mind, lay violent hands the queen's sacred person; yet what must done satisfy the multitude and secure their party,
enter the city; and the one part held corres pondence with the other; and treasons there can accessaries, are principals.
the Consultations Drury-House, was perfect Treason itself, because the compass ing the queen's Destruction, which Judg
ment law was concluded and implied that consultation, was Treason the very though: and cogitation, that thought be proved
an overt act: that same consultation was an
overt act, though had not been upon list Names and articles writing, much more being upon matter writing and again, the
going into the city was pursuance and carry ing the enterprize against the court, and not desisting departing from it.
The example remembered, who possession, and the rightful inheritors but infants) could never sleep quiet his bed till they were made away; much less expected, that Catilinary knot and combination rebels (who have made
many Treason against the prince
conspire execute one manner, and another manner,
must then the question. Richard the third may (though were king
some them execute
yet their act, though different
the act them who conspire, reason
an insurrection without so much as the fune of
proved
guilty open Rebellion;
title) would ever endure, that queen, who
had been their sovereign, and had reigned
many years such renown and policy, should keep and make good place retreat,
continue longer alive, than should make for their own turn.
those who issued out into the city; and fortisyed and Larricadoed the same house, making provision muskets, powder, Pelets,
After this the aforesaid sir Christ. Blunt, sir
Charles Davers, and sir John Davis said, That holding and defending and was busy, for now they were better informed, and had entered ward and noted actor that defence and re into deeper consideration the matter, the sistance, made against the queen's forces were sorry they had given the Court much brought against her majesty's lieutenant. trouble, and had not confessed the Indictment
first. However, the Queen's Counsel pro
was further proved, that some few days fore the rebellion, had with great heat and violence displaced certain gentlemen who were lodged house close Essex-House, and there posted divers my lord Essex's followers and accomplices. —It was also proved that the afternoon before the Rebellion, Merrick with great company others, who were after wards the action, had procured be played before them the play deposing king Richard the second; neither was, casual, but play bespoke Merrick and when was told him
duced their Evidence the Jury, which con sisted principally their several Confessions,
and the rest of the Evidence used the earls Essex and Southampton,
tioned before the said Trial. Against Henry Cuffe was given
the Trial men
Evidence Charles Daver's Confession, who charged
him, when there was debating the several enterprizes which they should undertake, that
did ever bind firmly and resolutely for at tempting the court. Also the earl Essex's Accusation under hand avouched hitn
his face, that was
one the players; that the play was old, and they should have loss playing because few would come there were forty shillings extraordinary given for and was played.
Upon this Evidence the Jury went from bar, and after some time returned and brought them Guilty; and accordingly they ceived Sentence Death; and were als exe cuted Tyburn, except Christopher Blunt, and Charles Davers, who, being nobly des. cended, were beheaded upon Tower-Hill.
On the 13th March, Merrick and Cuffe were drawn Tyburn when they were come
the gallows, Cuffe spake follows:
am brought hither pay my last debt
But the chief evidence Henry Nevil, which de scribed and set out the whole manner of his
practising with him.
Cuffe. my being within Essex-House the
day the Rebellion foundation charge me with High-Treason, you may well charge
lion that within grate with treason: and
him his Treasons.
was declaration
Drury-House,
more treason than the child the mother's
belly child.
Solicitor General, (Fleming. ) his be
for the consultation
principal instigator
the manner, the general malice the intent.
Against
Gilly Merrick the Evidence pro
duced
for that was
the house, and took upon him the charge
him
captain coin mander over
and other ammunition and weapons for the
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***
nature, and suffer for crimes committed against God, my prince and my country; and
cannot but discern the infinite justice God, when reflect the multitude my
against such, had unwarily espoused this unhappy cause.
Five days after, March 18, Christ. Blunt and sir Cha. Davers were executed on Tower
Hill. Davers bore his death with most Christian calmness and composure, having first craved God's pardon and the queen's, whom
1413] STATE TRIALS, Eliz. 1600. —and others, for High Treason. [1414
offences,
rity my punishment will make way for my
whom not that depend
assuredly hope rise again Christ: would thought any one my own merits, which absolutely
enmity. When
scaffold, inallner
-
Christopher Blunt came upon the
expressed himself the following
can little doubt but the seve.
mercy. We are exposed here sad spectacles and
admission into the embraces
instances human frailty; the death we are Grey's, who was there present,
undergo carries frightful aspect, (for
even the best men desire life) besides, that full ignominy terror; however,
the portion the best saints, with
acknowledged
from any injury purely the earl
had been
discard, but place my entire trust and de
pendance
“My lords, and you that present, although “I must coufess that were better fitting the ‘little time have breathe, bestow the
same asking God forgiveness for my mani
fold and abominable sins, than
other discourse, especially having both perfection speech, and God knows,
memory, reason late grievous wound: yet satisfy those that are present what course hath been held me this late en
the atonement my Saviour's am fully persuaded, that whoever
blood.
feels
whilst
earthly punishment, chastised
himself, groans under the infliction any
secret consolation within
paternal tenderness, and not and judicial way. But come
God with angry
use any im
the cause my death; there nobody-here can pos
weak
wished prosperity;
also the lord whom affected, not
had suffered from him, but Southampton's account,
whom the lord Grey profest absolute
sibly ignorant what wild commotion was
the least concerned therein, that whole day withiu the spent the time very melan
February, particular great, but unadvised earl. here call God, his angels, and my own conscience witness,
raised the 8th that was not
insti
“but was shut house, where
terprize, because was said
gator, and setter the late earl, will truly, and upon the peril my soul, speak the truth. -It true, that the first time that ever
understood any dangerous discontent ment my lord Essex, was about three Here was interrupted, and advised not years ago Wansted, upon his coming one
‘choly reflections. ” -
disguise the truth distinctions, nor palliate
day from Greenwich. At that time spake many things unto me, but descended into
his crime ceeded,
specious pretences. Then pro
confess crime black subject who lost his prince's fa
particulars,
which time
tending
test before God) until came into Ireland, other than might conceive, that was of an ambitious and discontented mind. But
“treason for
vour, force his way the royal presence: for my own part, never persuaded any man
but general terms. —After never brake with me any matter the alteration the state, pro
take arms against the queen, but am most heartily concerned for being instru ment bringing that worthy gentleman, Henry Nevil, into danger, and most ear
nestly intreat his pardon. And whereas said that one-and-twenty aldermen out the were devoted the earl's interest, only
lay
doubted then began
the castle Tho. Lee, called Ireland, grievously hurt, and
As thus spake, the Sheriff began in terrupt him, and told him the hour was past. serve him, but not the way open rebel But iny lord Grey, and sir, Walter Raleigh
meant that they were his friends, and ready
lion. "
Here was again interrupted, and began
apply himself his devotions, which managed with great deal fervour: and then making solemn profession his Creed, and asking pardon God and the queen, was dispatched the executioner,
tion: for, were weary living longer, once twice interrupted Cuffe, and ad vised him spare discourse, which however
captain the guard, called the Sheriff,
and required him not interrupt him, but
suffer him quietly finish his Prayers and Confessions. Sir Christ. Blunt said, sir
After him sir Gilds Merrick suffered
spake this manner: Sir Walter Raleigh,
thank God that you are same way, and with most undaunted resolu present; had infinite desire speak with
the design; and intreated those noblemen who
stood by, intercede with the queen, that there might not any farther proceedings
fort;" protesting before the Lord, that whatso ever Christopher meant towards him, for part never had any intent towards
the
rational was not very seasonable, when was
taking leave the world. He cleared the lord
Mountjoy from having any acquaintance with forgive him, and give him his divine com
when Reban,
my life; came visit me, and acquaint me with his intent. ’
Walter Raleigh there answered, Yea;
‘you, ask your forgiveness ere died, both for ‘wrong done you, and for my particular in “tent towards you beseech you forgive me. ’ Sir Walter Raleigh answered, “That most willingly forgave him, and besought God
Those the scaffold whom Christopher
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1415] STATE TRIALS, Eliz. 1600–Trial Sir Christopher Blunt, [1416
Christopher, “I pray you without offence, me put you
mind that you have been esteemed, not only principal provoker and persuader the earl
Essex his undutiful courses, but espe
cially adviser that which hath been con heard more of the matter. And then he
him : And further said to
Essex-House. And then again asked “my advice, and disputed the matter with me; but resolved not. went then into the coun
try, and before sent for me (which was
fessed his purpose transport great part her majesty's army out Ireland into Eng
wrote unto me, come up, upon pretence making some assurances land, and the like.
land, land Milford, and thence turn
against her sacred person. You shall well
tell the truth, and satisfy the world. ” To worthy Mr. Secretary, (to whom beseech which answered thus: “Sir, you will give you, Walter Raleigh, commend me) can
‘me patience, “now my last,
will deliver the presence
truth, speaking God, whose
requite their favourable and charitable deal ing with me, with nought else but my prayers
for them. And beseech God his mercy save and preserve the queen, who hath given comfort my soul, that hear she
mercy trust. '
self my lord Grey, and my lord Compton, and the rest that sat on horseback near the
directed him
And then
scaffold. “When was brought from Rehan hath forgiven me but the sentence the
“to Dublin, and lodged “ship and the earl
visit me; and
the castle, his lord Southampton came
short, began thus
law, which most worthily deserved, and
most willingly embrace, and hope that God
will have mercy and compassion me, wiro
have offended him many ways ever sinful wretch did. have led life so far from his
precepts, sinuer more. God forgive me and forgive me my wicked thoughts, oy licentious life, and this right arm mine,
‘plainly with me: That intended trans
‘port choice part the army Ireland into
‘England, and land them Wales, Milford, “or thereabouts; and securing his descent
some ten days before his rebellion) never
will leave the rest unto my confessions, given unto that honourable lord admiral, and
thereby, would gather such other forces,
“might enable him march London. To which fear me) hath drawn blood this
‘which protest before the Lord God, made last action. And beseech you all bear wit “this tho like answer; that would that ness that die catholic, yet so, hope
‘night consider which did. And the next day the earls came again; told them ‘that such enterprize, was most dan
saved only the death and passion Christ, and his merits, not ascribing any
thing mine own works. And trust you are good people, and your prayers may
‘gerous, would cost much blood, and
“could not like it; besides many hazards profit me. Farewel my worthy lord Grey,
‘which this time cannot remember unto “you, neither will the time permit But “rather advised him over himself with ‘good train, and make sure the court, and
With that he turned from the rail towards ‘it true, that (as we all protested our the executioner; and the minister offering
Fixaminations and Arraignments) we never speak with him, came again the rail, and ‘resolved doing hurt her majesty's Person; besought that his conscience might not trou (for none our Consultations was there bled, for was resolved; which desired for
set down any such purpose) yet, know, and God's sake. Whereupon commandment was
must confess, we had failed our ends, we given, that the minister should not interrup:
should (rather than have been disappointed) him any further. After which prepared
“herein, until was discharged his keeper
fuller Account the Trial Sir Christopher BLUNT, Sir Charles DAvers, Sir John DAvis, Sir Gilly MERRick, and HENRY Cuffe. [From MS. purchased
the Sale the MSS. Peter Neve, esq. Norroy King Arms. ”]
THE Commissioners were, the earl Not Chancellor the Exchequer, Mr. secretary tingham, Lord High-Admiral, the lord Huns Herbert, with divers the Judges. -
don, Lord Chamberlain, Mr. secretary Cecil, The Commission being read, the Court pro the Justice Popham, John Fortescue,
then make his own conditions. And although
even have drawn blood from herself. From
himself the block, and died very mantuly henceforward he dealt no more with me and resolutely.
. . . Although the Manuscript Sir
ceeded the Indictment, which was sub stance as follows
Charles Pavels,' yet the margin written
‘That the 8th day Feb. last, Essex ‘house, they conspired the death and disin
“herison the queen's majesty, and that ‘day caused insurrection the subjects,
Air: Neve's hand, “Sir Charles Danvers and Camden. --
and lord Compton, and you all. Goa send you"both live long honour. will
desire say few prayers, and embrace Iny death most willingly. ”
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-
J417] STATE TRIALS, Eliz. 1600. -and others, for High Treason, [1415
* and made war in London against the queen, must plead general, either Guilty not Guilty ‘and intended altering the government, state, the whole Indictment; and upon evidence ‘and religion now established, and to surprize excuse himself what parts can. Where ‘the court at Whitehall. The queen under
“standing of their intended Treasons, for pre aminations, that their meaning was eome “venting thereof, upon the 8th of Feb. sent the her such strength, they should not re * Lord Keeper, the earl of Worcester, sir Wm. sisted, and require her divers conditions * Knowles, and the L. C. Justice, to Essex and alterations Government, such their * house; they then commanded the earls of Confessions are expressed), nevertheless they
* Essex and Southampton upon their allegiance
* to desist from their purposes, to disperse their * forces assembled, and to deme:n themselves “as dutiful subjects. But they refused to obey
protested they intended personal harm herself. Whereupon, (as the Arraignment the two earls) so, then again the Judges
delivered the rule the law; that the wisdom their command; and committed them the and foresight the laws this land maketh said Lord-Keeper, earl of Worcester, Wm. this judgment, ‘That the subject that rebelleth
Knowles, and the Justice, strictly or riseth forcible manner over-rule the
kept and detained Essex-house, the “royal will and power the king, intendeth
said John Davis, keeping them force; “deprive the king both
and these words being used some, Kill that the law judgeth not
them Kill them And that the earl Essex, intent, but the intent
upon his going out the house, commanded the queen's Council did again inforce that point, that they should offer deliver them out setting forth, that was mystery quiddity
their custody, the said earl should mis the common law, but was conclusion carry London, then they should kill the infallibly reason and experience; for that said privy-counsellors and the earl Wor the crown was not ceremony garland, but cester. And that the same day they, with consisted pre-eminence and power. —And
crown and life: and
the fact the the fact. ' And
therefore, when the Subject will take upon
him give law the King, and make the
power sovereign and commanding, become that the said Charles Davers, Christ. subject and commanded; such subject layeth
Blunt, and John Davis, the said 8th hold the crown, and taketh the sword out day Feb. together with the earl Essex, the king's hands. And that the crown was did fortify the said house, and armed them fastened close upon the king's head, that selves against the earl Nottingham, the cannot pulled off, but that head and life, queen's Lieutenant, and against the queen's and will follow, examples, both
the number 300 men, went into the city London, seeking stir such citizens
they could move their Rebellion. And
army and forces sent for the suppressing the said Rebels. ’
foreign stories, and here home, make manifest. And therefore, when their words did protest one thing, and their deeds did testify
The Prisoners being demanded, whether they
were Guilty, not Guilty, the several another, they were but like the precedent Treasons whereof they were indicted Sir Christ. the protestation used Manlius the lieutenant Blunt confessed several the things contained Caliline, that conspired against the state
the indictinent, and would have pleaded not Rome, who began his letter the senate with guilty the rest but the Court told him these words, Deus hominesque testor, Patres
conscripti, nos nihil aliud, &c. —And was said Bacon, who command queen Eliza further, that admitting their protestations were
beth, published Declaration touching the far true, that they had not that time Treasons of the earl of Essex and liis accom their minds formed and distinct cogitation
plices, that part which relates what passed have destroyed the queen's person: yet the Arraignment Blunt, &c. says, “There nothing was more variable and mutable than were arraigned and tried Jury both the mind man, and especially Honores mu Aldermen London, and other gentlemen tant mores when they were once a-loft, and
good credit and sort, sir Christopher Blunt, sir had the queen their hands, and were peers Charles Davers, John Davis, Gilly Mer my lord Essex's parliament, who would pro rick and Henry Cuffe; the three first whereof mise what mind they would then espe before they pleaded, asked this question the . cially, when iny lord Essex, his arraign
Judges, Whether they might not confess the Indictinent part, and plead Not guilty
jesty,’ unto whose person (although they con membered Richard the 3rd, (who though sessed the bar, they had done their Ex were king possession, and the rightful inhe
the other part? But being resolved the
Judges that their pleading must general
they pleaded Not guilty, did likewise the
other two, without any such question asked.
The reason that question was, they con
fessed, respect the clause laid the In
dictinent; ‘That they intended and compassed
the death and destruction the queen's ma the question. Wherein the example was re
ment, had made defence his first action imprisoning the privy councellors, pretence that was inforced his unruly com pany. that themselves should not have had, would not seem have had, that ex treme and devilish wickedness mind,
lay violent hands upon the queen's sacred per son yet what must done satisfy the multitude, and secure their party, must then
atin
be
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1419) STATE TRIALS, 43 Eliz. 1000–Trial of Christopher Blunt, [1420
upon pleaded the Indictment, Not Guilty:
and put himself for his trial God and his
country. Sir Charles Davers made the like
protestation, but was directed the Court
plead the Indictment: and pleaded
Not guilty. Sir John Davis said, His case was sends for his friends and followers repair different from the rest; but seeing he must him. The queen hearing this, sends the plead negatively all, pleaded, Not Guilty. lord-keeper, the earl Worcester, sir William Sir Gilly Merrick and Mr. Cuffe were arraign Knowles, and the lord chief justice unto him.
upon These counsellors find the outward court
}. evying
but
upon Indictment,
another
the former Indictment, saving for guarded; these counsellors coming
the
the car, accomplices queen's forces there, and conspiring and plot lay down force, and desiring private conse.
ting Drury-house. rence with the earl; refuseth, and saith Yelverton, the queen's Serjeant, began the will into London, and take order with
war London and
assaulting
the commanded the earl and his
Evidence and opened the Indictment, shewed mayor and sheriffs the city, and will then the act itself Treason the statute return them again; confident he was
Edw. therefore for the prisoners pre his own strength and favour the city. The tend intent another purpose, excuse. other matters opened Mr. Serjeant were
To alter the state, change the religion, inforce the former points laid the Indictment.
the prince settle power, and for subjects Mr. Attorney-General Coke, coming urse sway things their list, crimen la'sa majes the Evidence, desired, because the bar was
tatis and all Indictments term this treason: pestered, have Gilly Merrick and Mr. for that subject that will rule his prince, will Cuffe removed for time, which was done. never ruled his prince; and rule with Then Mr. Attorney said, was now speak, his prince, the world may well bear two not before common judges, nor of common suns the state suffer two such governments. inatters, but the greatest and the weightest —For particular proofs and plain convincing
*
majesty: and these plots, their own confessions, were conferred and disputed
divers times. Being sent for come before the lords her majesty's privy-council, the earl refuses come; and the same night
the parties, there need other but their confessions; which protested, would
credited the world, came voluntarily from every man examined, man being racked
cause that ever had deal in, though had now served the queen some time. —The queen's Serjeant hath generally delivered the matter, and he was now prove what had been opened, wherewith had striven with himself have spoken nothing him that dead is" but unavoidable necessity forced name him, but should with these two cautions: first, speak nothing but what very matter enforceth; secondly, say Lo
thing but that without contradiction was true. The question now not you, my mas ters the Jury, whether Christopher Blunt
tormented. —It mency the queen
not unknown with what cle pass the orience commit
great place he, have suffered for less offence than was proved against him his convention before the lords. But such was her majesty's
clemency towards him, net suffer him brought public trial for those offences; but he, shew the mind bore, impatient
the earl
Ireland some
guilty Treason, yeaor for con expect the queen's leisure and grace, gives fesses himself guilty matter which rebel himself wholly think how may wrest the lion and insurrection, and that itself fiat
Treason.
Sir Christ. Blunt said hereupon, that
that should hold himself subject under her self, scarce compos mentis; therefore desired
queen his fancy. He being prisoner the Lord-Keeper's house, the queen was contented
was now man, what through weakness
any country
England where live, only confined with this, hurt, and through grief his action, not hin
him take his choice
guarded not concluded what he said, for This grace not hoped the lords had called him thither rather
majesty's displeasure; yet left
only with his own discretion.
withstanding, ceased not
foreigners, sends the Low Countries, prac
tises Ireland, raises spirits home Drury
house and Essex-house, for suppressing the and Christ. Blunt not now alone ques queen, calling parliament, taking the tion: but the earl concerned and interest
Tower, possessing London; and this cannot this cause, for order proceeding, there be intended without the destruction of her was no man the world but must be ruled
plot with divers
confess his faults, than excuse or defend them.
reason and precedent; therefore these ritors but infants) could never sleep quiet his men must, then would proceed against
bed till they were made away. Much less him. —Sir Christ. Blunt desired them pro would Catilinary knot and combination ceed against the others, for he would couiess rebels (that did rise without much the that had been said. But Mr. Attorney fume title) ever endure, that queen that desired heard against him, parna
had been their sovereign and had reigned paucis culpa aliis. Now, shew this point many years such renown and policy, should treason, the Indictment containeth the mat longer alive than made for their own ters touching the queen's person. private turn.
The Jury called, took exception saying, liked not his face; but urged
Indictment; and after that came sir Robert Cross, you shall hear, and opened his whe purpose large persuade him. That these worthy men deserving honour for their loy alty, refused, and revealed his vile plot good
one, time. And thus much he had coofessed under shew his hand. + other reasons, challenged him peremptorily. Lee. What have set my band to, cannot
But that, the Judges told him, could not al
tell; but am sure had never such intent you would persuade the jury had.
Att. Gen. That proved by
Robert Crosse, what you meant when you went about persuade him.
Lee. persuaded him not and he will not say so.
Att. Well; shall speak before your
lowed that case.
Capt. Lee. Then ou will.
-
am contented; proceed
the end the calling
Treason was; namely, intend lay violent
hands upon her majesty, take away her
life; raise Rebellion even the intent was face. Treason, could
act.
Justice,
and impannelling, advertised the Jury what
Att. Gen. That stood the bar, guilty
would prove him that That upon Thursday about night capt. inany foul Treasons. Lee, came lodging, being ready
discovered any overt Then Robert Crosse was sworn, and set sight the prisoner; and began teli
Lee. Nay for your wit and learning, you abroad, and told him, should not go out,
shall never
Though yet take
that.
care not what you can yet must speak with him; and taking
him aside, spoke him these matters
Treason, and said, that half dozen resolute men, &c.
the MS.
Crosse, Crofts, Camden writes
the name
or ***•**••“••*•••• “ I* Iyifofattoin
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1405] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1406
Lee here interrupted him, saying: Nay, Lee lean'd hard upon him, and said, was one
ood Robin Crosse, speak
the truth. the wonders
give him leave action with the earl
God that was not this Essex. Why? said Mr.
well acquainted, and
Mr. Attorney willed Lee
speak upon his oath.
Lee replied, would nothing but put him
Poynes. was
mind the circumstance and said, Good Itobin, remember how began.
Sir Robert said would. Thus then you spake me:—I marvel what will become these matters; man might brave act set those lords liberty. Why how quoth Marry Walter Rawleigh might get him eter nal honour and love more than ever he can other
wise would procure her majesty's warrant
much with my lord Essex, answered he. Then they paused. And capt. Lee asked, Whether the queen were supper? Mr. Poynes answered, No.
Att. Mark, the rest was but bring this.
Mr. Poynes told Lee farther, perhaps might good service, were well ac quainted with the earl, was likely knew somewhat of the Plot. Not answered Lee but you shall hear more villanies and knaveries yet.
Att. Mark: what meant that speech?
To this capt. Lee could not deny but spake it; but said, how was there had any company had any dagger any thing
about me, that might shew meant the queen any harm No, had not, neither did mean any such thing; and for my being the
free them, which taking her person.
might compass under answered, you may Then Lee replied,
sure will not
half dozen resolute men, such might have access the presence, would step unto the queen, and kneel before her, and never rise till she had signed warrant, and then send
the Lord Admiral, and never stir till the earls
Essex and Southampton were brought the
queen's presence, they might And then Privy-chamber, door, had been there 500
named Henry Nevil, sir George Gifford,
selves. objected, how
Jarvis Clifton, times, and never was noted. And what reason Weston, and them had for my lord Essex, adventure any some should offer such thing. have spent my blood her ma
come upon us, and remove from her ma jesty's service, and would again.
jesty. He answered, we might keep any body Attorney. You mark, there was love be
out shutting the door, and telling them that tween him and the traitor Essex. And then
offered come that any harm came Mr. Attorney caused Letter read, which the queen, she should otherwise than was written the behalf of Lee the now
well,
which upon
with protestation, saying, never meant
an actor myself, persuade any other
And what wretch am thought
their peril and this was all. To deputy the earl Essex: “That knew Robert answered, would sleep was for one place what would
and farther, What unreasonable thing Lee. But did persuade you, Robert, was for any require that his friends hands,
his colour, that was pale, his countenance stern, and his face having great drops sweat stand
was extreme pale, and great sweat, and frequently asked, Whether her majesty was ready supper and, Whether the Council would there this posture
was seized, and examined, the next day had
his Trial, and Crofts's Evidence and his own Confession, condemned, and carried away
Tyburn where owned that had been indeed great offender: but this design was very innocent; and having moreover pro
tested, that had never entertained the least thought against the queen, was there exe
cuted. And this, the times were, appeared very seasonable piece rigour. ” Camden.
ing it. ” When
“On the 12th kinsman
the honour Crofts, captain
cane near him, capt.
February, Thomas Lea Henry Lea, who had wore the garter) told Robert
man war, that would be glorious enterprize for six brave mettled
fellows the queen. and compel her discharge Essex, Southampton, and the rest
that were prison. He was man himself great assurance and resolution, had com imanded company Ireland, was very inti
that were out of time. He desired his lord
ship take notice the bearer capt. Lee, vil one near allied him, and that suffered for
lain for that never meant? For my lord him; one that did good service any,
Essex, indeed, loved and honoured him, when himself was Ireland, and one that
long thought him honest man and was well seated for service any; thus,
good-subject. spake these words with if; whatsoever he did for the bearer, he would ac
such thing could done. knowledge for himself: and con
Attorney. Why pressed you the Privy cluded. ”
chamber door such time, where you were Then likewise was read the Confession of not wont come? -
And then was shewed the Examination of mate with Tir-Oen, and an absolute creature William Poynes, (who was himself the Fleet) of the earl of Essex's. This did Crofts imme this purpose: That saw capt. Lee press diately discover the Council; insomuch that
towards the Privy-chamber door, and stand Lea was sought for, and found the dusk very near, and mistrusting the worst, drew to the evening about the door the queen's wards hion. When came near, marked Privy-chamber. He seemed very thoughtful,
in
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2
so of I I I
all
so of of of
it
of
;
sir
be he us sirdo sir
do
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-
itif at at Ihe
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at do in heof it:,IIheheinso
;
all
man in England, saving Henry Lee. Att. This being but the prologue suing tragedy, would give taste
practices and treasons the earl and his complices.
Lee. He doubted the treason would light on some of them that held the earl traitor.
Seminaries and Priests, entertaining them
Mansfield riding his coach after he was ap
prehended, that shewed himself guilty, and willed sir Robert should be sworn.
deal with the king make himself king
Spain and the pope, England.
Lee. Who! my Seminaries and Priests nay,
Essex
call them reckoning any such matter. Mr. Attorney said further, well known
lord
deal with well known
o
1407] STATE TRIALS, Eliz. 1600–Arraignment Captain Lee, [1408
capt. Lee to this purpose, That he loved and namely, that the marshal was well known honoured the earl of Essex as much as any not such things, far less consequence,
that the earl Essex used this capt. Lee
messenger Tyrone; and Tyrone made him his
bedfellow, and capt. Lee brought message back against sir Robert Mansfield.
without the earl's privity and consent. Again, en the earl Essex made privatero jour the ney the then house the said Lee, where
Essex, the said Christ. Blunt lay sick, and within day after, Christopher sent him Tyrone.
Whereat confused noise there was, That of his Indictment.
he was villaim defend Traitor. Mr. Attorney urged, That was very likely
Mr. Attorney proceeded shew the queen's that this man had been made acquainted with
great grace sending him the said earl, and these late practices; which Lee with protesta
the contempt and indignities offered those tion denied.
lionourable persons and counsellors sent call Mr. Attorney. Nay, could not but
him
The firming
his allegiance.
Justice spake this point, con own knowledge what the Attor
must have did,
crimine,
meaning, that he should offer, kill the earl Essex, fiagrante that sort, and after enter into this
ney said, much after the manner was deli plot and practice. Mark, said the Attorney,
vered the earl's Arraignment. The Attor ney, continued he, would his own knowledge affirm, that the associates and complices
the earl this practice, were these three sorts: either Atheists, Papists, men broken estates: for he had looked into them all
particularly. Then named Christ. Blunt
and John Davis, known Papists: Catesby been of resolution that should have under
and Tresham likewise; the last which said was stock, that was genere minar Dei, and was that abused the Lord-keeper Essex house; Salisbury also named notable villain, and these seven years together laid out for the Lord-Chief-Justice, and
rest said could speak.
taken such thing, and such would not fear displease her majesty for half hour,
To these Confessions read, capt. Lee an swered nothing, not belonging the matter
said they might ‘force’ her majesty it: mark this word, “force,” (which,
member, was some part his own Contes
sion) “Go unto her, and never leave her she had done it. ”
Lee. Why did say, with an If; and then
am not fool, but know they must have
please her her life after but never meant have been actor myself.
The Court, affirmed was Treason under the take “force' her majesty do any thing
against her will.
plain Capt. Lee. never undertook
Mr. Attorney. Besides Ireland,
proved, how held intelligence with Mr. Attorney urged his words sir Robert
Sir Robert Mansfield affirmed, That capt. Lee should say, that had humbly sued he too much disliked those Pater-noster fellows her majesty this twelvemonth, that might
the earl Essex, had confessed. Then Sir Robert protested would neither wror there was some mention of setter between him, nor any man; and but for this cause. them; but could not well hear what. Then was had no reason think otherwise than well
read capt. Lee's confession that point, how capt. Lee.
sir Christ. Blunt, being marshal, sent him
Tyrone, and when came, found him very
peremptory, using insolent speeches, and con
demning our nation base people, and said
the earl Essex was sent kill him, but
should not compass it; any his slaves might tnany ways having passed the danger the
easily kill the earl, but would not take the law, being full cruelty and blood.
life any. And further, would (meaning Capt. Lee answered, was the worst this
the earl Essex) follow his Plot, would her majesty did for him, pardon him.
make him the greatest England. Capt. Lee Mr. Attorney. Hark, how ungrateful
had them read out they left- out much Capt. Lee. Nay, humbly thank her mis matter that should be known. jesty for that her grace; but had been better
Mr. Attorney would not have any further for me had died then. have lost grea: thing read, and pressed further, the circum deal blood since, and now am like eco stances that Lee had confessed, that made him worse: and for that said am bloody
think the earl Essex know
going; man and cruel; protest have been tier
employed some service, wherein might
have some throats cut had done somewhat Capt. i. ee seemed
and now thought
and cared not live, his enemies were inau, and great.
Mr. Attorney urged her majesty's pardon him heretofore; for said, he was mas
bring him his end— take some exceptor.
Capt. Lee confessed had lived misery,
i
is
to
&He
te
beto
so
to
till rego he
a
of
ofof he
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It it a is is
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1109] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1410
majesty's service forward, and indeed in fair God's mercy for pardon, pronounced Judgment;
fight I would do the worst against her ma which took patiently.
jesty's enemies : but when they submitted They asked him, what had say
to my mercy, I ever used them but as be answered, nothing; but desired iny lord Lon came a soldier and a gentleman, as merciful don, that might have one sent him, for
as any.
My lord of London told him, he knew it was
He should have his right; nobody should wronged. —So the Court broke up: Captain Lee still protesting never intended
any such thing against the queen was laid
his charge; which continued affirm after Capt. Lee. What? I am not a fool to be wards Mr. Pasfield, whom confessed
a common thing in Ireland, they would not be
lieve a man was dead till his head were off; and
so you would not have any body persuaded liked those Paternoster fellows; but desire that you were a traitor, unless her majesty minister, and receive the Sacrament: and (God bless her) were dead.
Lee. No, my lord, I never meant any such thing. You know, my lord, it was ever my
further desire, my lord chief justice, that my son may have wrong, and that may have that little that had got together, and should leave behind him; for was his right, and his son might prove honest man, and - his country good service one day.
fault to be loose and lavish of my tongue; and
that was my fault now, and I am like to pay for it.
Then the Jury were put together, who quickly found him Guilty.
Upon Verdict given, Mr. Attorney said, Now capt. Lee, you may do well to confess this mat
ter, what you know, and who set you on.
set on like a dog upon a bear; nobody set me
on, for I endeavoured nothing.
Mr. Recorder, with a very grave admonition
to him, to make him see his fault and
his other sins very freely, even taking his death upon He died the next day Tyburn very Christianly, confessing other vices, but still
denying this.
man
Lord jesuit
his case.
London. What? you would not have priest
Capt. Lee. No, am Protestant: never
73. The Trial Sir CHRISTOPHER BLUNT, Sir CHARLEs DAv ERs, Sir Joux DAvis, Sir G1 LLY MERRICK, and HENRY Cu FFE, Westminster, for High Treason: EL1z. March 1600.
"
THE Commissioners were, The earl Not Indictment, because the Indictment charges
tingham, Lord High Admiral, the lord Hunsdon, Lord Chamberlain, Mr. Secretary Cecil,
Popham, sir John Fortescue, Chancellor the Exchequer, Mr. Secretary Herbert, and di vors the Judges.
The Commission being read, the Court pro
cceded the reading the Indictment. After
which the Clerk asked them they were Guilty the Indictment, not Guilty.
that they intended and compassed the Death and Destruction the Queen. ’
Wherever the subject rebelleth, riseth forcible manner over-rule the royal will and power the king, the wisdom and foresight the laws this land maketh this
construction his actions, that intendeth deprive the king both crown and life; for
Sir Christ. Blunt. My lords, we desire know whether we may not confess part Indictment, and plead Guilty the rest.
Your pleading must general the whole, either Guilty not Guilty.
the
the law judgeth not but the intent
Queen's Counsel.
mystery quiddity
clusion warranted
the fact the intent, the fact.
This construction no
law, but infallible con reason and experience: garland, mere out
for the crown not
Whereupon they pleaded Not ëns, and ward ornament, but consists pre-eminence
substantial Jury was impanelled, which con and power; and therefore when the subject sisted Aldermen London, and other gen will take upon him give law the king, and
tlemen good credit.
Sir Blunt, sir Charles Davers, and sir John
Davis, confessed, That was their design come the queen with strong force, that
they might not resisted, and require
her divers Conditions and Alterations of Go
make the sovereign and commanding power become subject and commanded, such subject layeth hold the crown, and taketh the sword
exam verminent; nevertheless they intended per ples both home and abroad manifest; and
sonal harn the queen herself, and that was the reason why they could not confess the whole
See fuller account this Trial, p. 1415; but Merrick and Cuffe's Speeches are the end this Trial, and not there, we chose not
omit this, which introduces them. WQL.
therefore when their words testify one thing, and their deeds another, they are but like the protestations used Manlius, lieutenant Ca tiline, who conspired against the state Rome, and yet began his letter, Deos hominesque tes
tamur, nos nihil aliud, &c. denying they intend T
Sallust.
out the king's hand. The crown upon the king's head, that cannot off, but head and life will follow,
fastened pulled
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fit
1411] STATE TRIALs, 43 Eliz. 1600–Trial of Christopher Blunt, [1412
any thing against their country, but only ing Essex-House, was not there by force provide for their own safety. —But admitting and compulsion, but freely and voluntarily that the Protestation the prisoners was far there was distribution the action, soune toue, that they had not that time their were make good the house, and others
minds formed and distinct cogitation have destroyed the queen's person, yet nothing more variable and mutable than the mind of
man; and especially Honores mutant mores when they were once aloft, and had the queen
their hands, and were peers my lord Essex's parliament, who could promise what mind they would then be? especially when considered that my lord Essex his arraign ment defended his first action imprisoning the privy counsellors, pretence that was forced
his unruly company that them selves would not have had, would not seem to have had that extreme and devilish wicked
ness mind, lay violent hands the queen's sacred person; yet what must done satisfy the multitude and secure their party,
enter the city; and the one part held corres pondence with the other; and treasons there can accessaries, are principals.
the Consultations Drury-House, was perfect Treason itself, because the compass ing the queen's Destruction, which Judg
ment law was concluded and implied that consultation, was Treason the very though: and cogitation, that thought be proved
an overt act: that same consultation was an
overt act, though had not been upon list Names and articles writing, much more being upon matter writing and again, the
going into the city was pursuance and carry ing the enterprize against the court, and not desisting departing from it.
The example remembered, who possession, and the rightful inheritors but infants) could never sleep quiet his bed till they were made away; much less expected, that Catilinary knot and combination rebels (who have made
many Treason against the prince
conspire execute one manner, and another manner,
must then the question. Richard the third may (though were king
some them execute
yet their act, though different
the act them who conspire, reason
an insurrection without so much as the fune of
proved
guilty open Rebellion;
title) would ever endure, that queen, who
had been their sovereign, and had reigned
many years such renown and policy, should keep and make good place retreat,
continue longer alive, than should make for their own turn.
those who issued out into the city; and fortisyed and Larricadoed the same house, making provision muskets, powder, Pelets,
After this the aforesaid sir Christ. Blunt, sir
Charles Davers, and sir John Davis said, That holding and defending and was busy, for now they were better informed, and had entered ward and noted actor that defence and re into deeper consideration the matter, the sistance, made against the queen's forces were sorry they had given the Court much brought against her majesty's lieutenant. trouble, and had not confessed the Indictment
first. However, the Queen's Counsel pro
was further proved, that some few days fore the rebellion, had with great heat and violence displaced certain gentlemen who were lodged house close Essex-House, and there posted divers my lord Essex's followers and accomplices. —It was also proved that the afternoon before the Rebellion, Merrick with great company others, who were after wards the action, had procured be played before them the play deposing king Richard the second; neither was, casual, but play bespoke Merrick and when was told him
duced their Evidence the Jury, which con sisted principally their several Confessions,
and the rest of the Evidence used the earls Essex and Southampton,
tioned before the said Trial. Against Henry Cuffe was given
the Trial men
Evidence Charles Daver's Confession, who charged
him, when there was debating the several enterprizes which they should undertake, that
did ever bind firmly and resolutely for at tempting the court. Also the earl Essex's Accusation under hand avouched hitn
his face, that was
one the players; that the play was old, and they should have loss playing because few would come there were forty shillings extraordinary given for and was played.
Upon this Evidence the Jury went from bar, and after some time returned and brought them Guilty; and accordingly they ceived Sentence Death; and were als exe cuted Tyburn, except Christopher Blunt, and Charles Davers, who, being nobly des. cended, were beheaded upon Tower-Hill.
On the 13th March, Merrick and Cuffe were drawn Tyburn when they were come
the gallows, Cuffe spake follows:
am brought hither pay my last debt
But the chief evidence Henry Nevil, which de scribed and set out the whole manner of his
practising with him.
Cuffe. my being within Essex-House the
day the Rebellion foundation charge me with High-Treason, you may well charge
lion that within grate with treason: and
him his Treasons.
was declaration
Drury-House,
more treason than the child the mother's
belly child.
Solicitor General, (Fleming. ) his be
for the consultation
principal instigator
the manner, the general malice the intent.
Against
Gilly Merrick the Evidence pro
duced
for that was
the house, and took upon him the charge
him
captain coin mander over
and other ammunition and weapons for the
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***
nature, and suffer for crimes committed against God, my prince and my country; and
cannot but discern the infinite justice God, when reflect the multitude my
against such, had unwarily espoused this unhappy cause.
Five days after, March 18, Christ. Blunt and sir Cha. Davers were executed on Tower
Hill. Davers bore his death with most Christian calmness and composure, having first craved God's pardon and the queen's, whom
1413] STATE TRIALS, Eliz. 1600. —and others, for High Treason. [1414
offences,
rity my punishment will make way for my
whom not that depend
assuredly hope rise again Christ: would thought any one my own merits, which absolutely
enmity. When
scaffold, inallner
-
Christopher Blunt came upon the
expressed himself the following
can little doubt but the seve.
mercy. We are exposed here sad spectacles and
admission into the embraces
instances human frailty; the death we are Grey's, who was there present,
undergo carries frightful aspect, (for
even the best men desire life) besides, that full ignominy terror; however,
the portion the best saints, with
acknowledged
from any injury purely the earl
had been
discard, but place my entire trust and de
pendance
“My lords, and you that present, although “I must coufess that were better fitting the ‘little time have breathe, bestow the
same asking God forgiveness for my mani
fold and abominable sins, than
other discourse, especially having both perfection speech, and God knows,
memory, reason late grievous wound: yet satisfy those that are present what course hath been held me this late en
the atonement my Saviour's am fully persuaded, that whoever
blood.
feels
whilst
earthly punishment, chastised
himself, groans under the infliction any
secret consolation within
paternal tenderness, and not and judicial way. But come
God with angry
use any im
the cause my death; there nobody-here can pos
weak
wished prosperity;
also the lord whom affected, not
had suffered from him, but Southampton's account,
whom the lord Grey profest absolute
sibly ignorant what wild commotion was
the least concerned therein, that whole day withiu the spent the time very melan
February, particular great, but unadvised earl. here call God, his angels, and my own conscience witness,
raised the 8th that was not
insti
“but was shut house, where
terprize, because was said
gator, and setter the late earl, will truly, and upon the peril my soul, speak the truth. -It true, that the first time that ever
understood any dangerous discontent ment my lord Essex, was about three Here was interrupted, and advised not years ago Wansted, upon his coming one
‘choly reflections. ” -
disguise the truth distinctions, nor palliate
day from Greenwich. At that time spake many things unto me, but descended into
his crime ceeded,
specious pretences. Then pro
confess crime black subject who lost his prince's fa
particulars,
which time
tending
test before God) until came into Ireland, other than might conceive, that was of an ambitious and discontented mind. But
“treason for
vour, force his way the royal presence: for my own part, never persuaded any man
but general terms. —After never brake with me any matter the alteration the state, pro
take arms against the queen, but am most heartily concerned for being instru ment bringing that worthy gentleman, Henry Nevil, into danger, and most ear
nestly intreat his pardon. And whereas said that one-and-twenty aldermen out the were devoted the earl's interest, only
lay
doubted then began
the castle Tho. Lee, called Ireland, grievously hurt, and
As thus spake, the Sheriff began in terrupt him, and told him the hour was past. serve him, but not the way open rebel But iny lord Grey, and sir, Walter Raleigh
meant that they were his friends, and ready
lion. "
Here was again interrupted, and began
apply himself his devotions, which managed with great deal fervour: and then making solemn profession his Creed, and asking pardon God and the queen, was dispatched the executioner,
tion: for, were weary living longer, once twice interrupted Cuffe, and ad vised him spare discourse, which however
captain the guard, called the Sheriff,
and required him not interrupt him, but
suffer him quietly finish his Prayers and Confessions. Sir Christ. Blunt said, sir
After him sir Gilds Merrick suffered
spake this manner: Sir Walter Raleigh,
thank God that you are same way, and with most undaunted resolu present; had infinite desire speak with
the design; and intreated those noblemen who
stood by, intercede with the queen, that there might not any farther proceedings
fort;" protesting before the Lord, that whatso ever Christopher meant towards him, for part never had any intent towards
the
rational was not very seasonable, when was
taking leave the world. He cleared the lord
Mountjoy from having any acquaintance with forgive him, and give him his divine com
when Reban,
my life; came visit me, and acquaint me with his intent. ’
Walter Raleigh there answered, Yea;
‘you, ask your forgiveness ere died, both for ‘wrong done you, and for my particular in “tent towards you beseech you forgive me. ’ Sir Walter Raleigh answered, “That most willingly forgave him, and besought God
Those the scaffold whom Christopher
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-
1415] STATE TRIALS, Eliz. 1600–Trial Sir Christopher Blunt, [1416
Christopher, “I pray you without offence, me put you
mind that you have been esteemed, not only principal provoker and persuader the earl
Essex his undutiful courses, but espe
cially adviser that which hath been con heard more of the matter. And then he
him : And further said to
Essex-House. And then again asked “my advice, and disputed the matter with me; but resolved not. went then into the coun
try, and before sent for me (which was
fessed his purpose transport great part her majesty's army out Ireland into Eng
wrote unto me, come up, upon pretence making some assurances land, and the like.
land, land Milford, and thence turn
against her sacred person. You shall well
tell the truth, and satisfy the world. ” To worthy Mr. Secretary, (to whom beseech which answered thus: “Sir, you will give you, Walter Raleigh, commend me) can
‘me patience, “now my last,
will deliver the presence
truth, speaking God, whose
requite their favourable and charitable deal ing with me, with nought else but my prayers
for them. And beseech God his mercy save and preserve the queen, who hath given comfort my soul, that hear she
mercy trust. '
self my lord Grey, and my lord Compton, and the rest that sat on horseback near the
directed him
And then
scaffold. “When was brought from Rehan hath forgiven me but the sentence the
“to Dublin, and lodged “ship and the earl
visit me; and
the castle, his lord Southampton came
short, began thus
law, which most worthily deserved, and
most willingly embrace, and hope that God
will have mercy and compassion me, wiro
have offended him many ways ever sinful wretch did. have led life so far from his
precepts, sinuer more. God forgive me and forgive me my wicked thoughts, oy licentious life, and this right arm mine,
‘plainly with me: That intended trans
‘port choice part the army Ireland into
‘England, and land them Wales, Milford, “or thereabouts; and securing his descent
some ten days before his rebellion) never
will leave the rest unto my confessions, given unto that honourable lord admiral, and
thereby, would gather such other forces,
“might enable him march London. To which fear me) hath drawn blood this
‘which protest before the Lord God, made last action. And beseech you all bear wit “this tho like answer; that would that ness that die catholic, yet so, hope
‘night consider which did. And the next day the earls came again; told them ‘that such enterprize, was most dan
saved only the death and passion Christ, and his merits, not ascribing any
thing mine own works. And trust you are good people, and your prayers may
‘gerous, would cost much blood, and
“could not like it; besides many hazards profit me. Farewel my worthy lord Grey,
‘which this time cannot remember unto “you, neither will the time permit But “rather advised him over himself with ‘good train, and make sure the court, and
With that he turned from the rail towards ‘it true, that (as we all protested our the executioner; and the minister offering
Fixaminations and Arraignments) we never speak with him, came again the rail, and ‘resolved doing hurt her majesty's Person; besought that his conscience might not trou (for none our Consultations was there bled, for was resolved; which desired for
set down any such purpose) yet, know, and God's sake. Whereupon commandment was
must confess, we had failed our ends, we given, that the minister should not interrup:
should (rather than have been disappointed) him any further. After which prepared
“herein, until was discharged his keeper
fuller Account the Trial Sir Christopher BLUNT, Sir Charles DAvers, Sir John DAvis, Sir Gilly MERRick, and HENRY Cuffe. [From MS. purchased
the Sale the MSS. Peter Neve, esq. Norroy King Arms. ”]
THE Commissioners were, the earl Not Chancellor the Exchequer, Mr. secretary tingham, Lord High-Admiral, the lord Huns Herbert, with divers the Judges. -
don, Lord Chamberlain, Mr. secretary Cecil, The Commission being read, the Court pro the Justice Popham, John Fortescue,
then make his own conditions. And although
even have drawn blood from herself. From
himself the block, and died very mantuly henceforward he dealt no more with me and resolutely.
. . . Although the Manuscript Sir
ceeded the Indictment, which was sub stance as follows
Charles Pavels,' yet the margin written
‘That the 8th day Feb. last, Essex ‘house, they conspired the death and disin
“herison the queen's majesty, and that ‘day caused insurrection the subjects,
Air: Neve's hand, “Sir Charles Danvers and Camden. --
and lord Compton, and you all. Goa send you"both live long honour. will
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J417] STATE TRIALS, Eliz. 1600. -and others, for High Treason, [1415
* and made war in London against the queen, must plead general, either Guilty not Guilty ‘and intended altering the government, state, the whole Indictment; and upon evidence ‘and religion now established, and to surprize excuse himself what parts can. Where ‘the court at Whitehall. The queen under
“standing of their intended Treasons, for pre aminations, that their meaning was eome “venting thereof, upon the 8th of Feb. sent the her such strength, they should not re * Lord Keeper, the earl of Worcester, sir Wm. sisted, and require her divers conditions * Knowles, and the L. C. Justice, to Essex and alterations Government, such their * house; they then commanded the earls of Confessions are expressed), nevertheless they
* Essex and Southampton upon their allegiance
* to desist from their purposes, to disperse their * forces assembled, and to deme:n themselves “as dutiful subjects. But they refused to obey
protested they intended personal harm herself. Whereupon, (as the Arraignment the two earls) so, then again the Judges
delivered the rule the law; that the wisdom their command; and committed them the and foresight the laws this land maketh said Lord-Keeper, earl of Worcester, Wm. this judgment, ‘That the subject that rebelleth
Knowles, and the Justice, strictly or riseth forcible manner over-rule the
kept and detained Essex-house, the “royal will and power the king, intendeth
said John Davis, keeping them force; “deprive the king both
and these words being used some, Kill that the law judgeth not
them Kill them And that the earl Essex, intent, but the intent
upon his going out the house, commanded the queen's Council did again inforce that point, that they should offer deliver them out setting forth, that was mystery quiddity
their custody, the said earl should mis the common law, but was conclusion carry London, then they should kill the infallibly reason and experience; for that said privy-counsellors and the earl Wor the crown was not ceremony garland, but cester. And that the same day they, with consisted pre-eminence and power. —And
crown and life: and
the fact the the fact. ' And
therefore, when the Subject will take upon
him give law the King, and make the
power sovereign and commanding, become that the said Charles Davers, Christ. subject and commanded; such subject layeth
Blunt, and John Davis, the said 8th hold the crown, and taketh the sword out day Feb. together with the earl Essex, the king's hands. And that the crown was did fortify the said house, and armed them fastened close upon the king's head, that selves against the earl Nottingham, the cannot pulled off, but that head and life, queen's Lieutenant, and against the queen's and will follow, examples, both
the number 300 men, went into the city London, seeking stir such citizens
they could move their Rebellion. And
army and forces sent for the suppressing the said Rebels. ’
foreign stories, and here home, make manifest. And therefore, when their words did protest one thing, and their deeds did testify
The Prisoners being demanded, whether they
were Guilty, not Guilty, the several another, they were but like the precedent Treasons whereof they were indicted Sir Christ. the protestation used Manlius the lieutenant Blunt confessed several the things contained Caliline, that conspired against the state
the indictinent, and would have pleaded not Rome, who began his letter the senate with guilty the rest but the Court told him these words, Deus hominesque testor, Patres
conscripti, nos nihil aliud, &c. —And was said Bacon, who command queen Eliza further, that admitting their protestations were
beth, published Declaration touching the far true, that they had not that time Treasons of the earl of Essex and liis accom their minds formed and distinct cogitation
plices, that part which relates what passed have destroyed the queen's person: yet the Arraignment Blunt, &c. says, “There nothing was more variable and mutable than were arraigned and tried Jury both the mind man, and especially Honores mu Aldermen London, and other gentlemen tant mores when they were once a-loft, and
good credit and sort, sir Christopher Blunt, sir had the queen their hands, and were peers Charles Davers, John Davis, Gilly Mer my lord Essex's parliament, who would pro rick and Henry Cuffe; the three first whereof mise what mind they would then espe before they pleaded, asked this question the . cially, when iny lord Essex, his arraign
Judges, Whether they might not confess the Indictinent part, and plead Not guilty
jesty,’ unto whose person (although they con membered Richard the 3rd, (who though sessed the bar, they had done their Ex were king possession, and the rightful inhe
the other part? But being resolved the
Judges that their pleading must general
they pleaded Not guilty, did likewise the
other two, without any such question asked.
The reason that question was, they con
fessed, respect the clause laid the In
dictinent; ‘That they intended and compassed
the death and destruction the queen's ma the question. Wherein the example was re
ment, had made defence his first action imprisoning the privy councellors, pretence that was inforced his unruly com pany. that themselves should not have had, would not seem have had, that ex treme and devilish wickedness mind,
lay violent hands upon the queen's sacred per son yet what must done satisfy the multitude, and secure their party, must then
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1419) STATE TRIALS, 43 Eliz. 1000–Trial of Christopher Blunt, [1420
upon pleaded the Indictment, Not Guilty:
and put himself for his trial God and his
country. Sir Charles Davers made the like
protestation, but was directed the Court
plead the Indictment: and pleaded
Not guilty. Sir John Davis said, His case was sends for his friends and followers repair different from the rest; but seeing he must him. The queen hearing this, sends the plead negatively all, pleaded, Not Guilty. lord-keeper, the earl Worcester, sir William Sir Gilly Merrick and Mr. Cuffe were arraign Knowles, and the lord chief justice unto him.
upon These counsellors find the outward court
}. evying
but
upon Indictment,
another
the former Indictment, saving for guarded; these counsellors coming
the
the car, accomplices queen's forces there, and conspiring and plot lay down force, and desiring private conse.
ting Drury-house. rence with the earl; refuseth, and saith Yelverton, the queen's Serjeant, began the will into London, and take order with
war London and
assaulting
the commanded the earl and his
Evidence and opened the Indictment, shewed mayor and sheriffs the city, and will then the act itself Treason the statute return them again; confident he was
Edw. therefore for the prisoners pre his own strength and favour the city. The tend intent another purpose, excuse. other matters opened Mr. Serjeant were
To alter the state, change the religion, inforce the former points laid the Indictment.
the prince settle power, and for subjects Mr. Attorney-General Coke, coming urse sway things their list, crimen la'sa majes the Evidence, desired, because the bar was
tatis and all Indictments term this treason: pestered, have Gilly Merrick and Mr. for that subject that will rule his prince, will Cuffe removed for time, which was done. never ruled his prince; and rule with Then Mr. Attorney said, was now speak, his prince, the world may well bear two not before common judges, nor of common suns the state suffer two such governments. inatters, but the greatest and the weightest —For particular proofs and plain convincing
*
majesty: and these plots, their own confessions, were conferred and disputed
divers times. Being sent for come before the lords her majesty's privy-council, the earl refuses come; and the same night
the parties, there need other but their confessions; which protested, would
credited the world, came voluntarily from every man examined, man being racked
cause that ever had deal in, though had now served the queen some time. —The queen's Serjeant hath generally delivered the matter, and he was now prove what had been opened, wherewith had striven with himself have spoken nothing him that dead is" but unavoidable necessity forced name him, but should with these two cautions: first, speak nothing but what very matter enforceth; secondly, say Lo
thing but that without contradiction was true. The question now not you, my mas ters the Jury, whether Christopher Blunt
tormented. —It mency the queen
not unknown with what cle pass the orience commit
great place he, have suffered for less offence than was proved against him his convention before the lords. But such was her majesty's
clemency towards him, net suffer him brought public trial for those offences; but he, shew the mind bore, impatient
the earl
Ireland some
guilty Treason, yeaor for con expect the queen's leisure and grace, gives fesses himself guilty matter which rebel himself wholly think how may wrest the lion and insurrection, and that itself fiat
Treason.
Sir Christ. Blunt said hereupon, that
that should hold himself subject under her self, scarce compos mentis; therefore desired
queen his fancy. He being prisoner the Lord-Keeper's house, the queen was contented
was now man, what through weakness
any country
England where live, only confined with this, hurt, and through grief his action, not hin
him take his choice
guarded not concluded what he said, for This grace not hoped the lords had called him thither rather
majesty's displeasure; yet left
only with his own discretion.
withstanding, ceased not
foreigners, sends the Low Countries, prac
tises Ireland, raises spirits home Drury
house and Essex-house, for suppressing the and Christ. Blunt not now alone ques queen, calling parliament, taking the tion: but the earl concerned and interest
Tower, possessing London; and this cannot this cause, for order proceeding, there be intended without the destruction of her was no man the world but must be ruled
plot with divers
confess his faults, than excuse or defend them.
reason and precedent; therefore these ritors but infants) could never sleep quiet his men must, then would proceed against
bed till they were made away. Much less him. —Sir Christ. Blunt desired them pro would Catilinary knot and combination ceed against the others, for he would couiess rebels (that did rise without much the that had been said. But Mr. Attorney fume title) ever endure, that queen that desired heard against him, parna
had been their sovereign and had reigned paucis culpa aliis. Now, shew this point many years such renown and policy, should treason, the Indictment containeth the mat longer alive than made for their own ters touching the queen's person. private turn.
