The INDICTMENT.

"THAT he plotted and compassed to raise Sedition and Rebellion to the queen's ma'jesty's person, to deprive her of her crown and dignity, take away her life, commit her 'people to slaughter, alter the form of Government and Religion; and upon this wicked resolution, on the 12th day of Feb. 1600; in the afternoon about the hours of four and five, ⚫he the said captain Lee repaired to the cham"ber of one sir Robert Crosse, (sic MS.) * knt. | in the parish of St. Giles in the Fields, of purpose to discover his plot to him, and to persuade the said sir Robert Crosse to consent to join with him; namely to go to the royal palace of our sovereign lady, being then at Westminster, and then and there to lay violent hands on her sacred person, and to take her prisoner; thinking by that means to set at liberty the earls of Essex and Southampton, | and other Traitors now in prison. But the said sir Robert Crosse not consenting to that 'traitorous practice; this Thomas Lee himself repaired to the said royal palace between the hours of 8 and 9 in the same night, and pressed into the presence, even to the Privy-chamber 'door, with purpose to have taken the person of our said sovereign lady, and performed his other traitorous designs. But there in that manner was apprehended, and examined, and 'so committed to prison.'

To this being asked, whether he were Guilty, or not? He answered, Not Guilty in manner and form as there set down. And by whom he would be tried? Said, by God and the country, if he might see his Jury. He said farther, (protesting he was not Guilty of any ill intent) that my Lord Admiral had long sought his life, and now he was like to have it.

The Jury called, he took exception to one, saying, he liked not his face; but urged to shew other reasons, he challenged him peremptorily. But that, the Judges told him, could not be allowed in that case.

say. I have lost a great deal of blood in her majesty's service, and done good service in Ireland.

Att. Gen. That we shall see anon; and proceeded upon the Indictment: where he shewed how, in the late Rebellion of that Arch-traitor Essex. For, said he, all the nobility draw their honour and dignity of the Queen, as the Stars take the light from the Sun; and so when they enter into any rebellions and traitorous practices against her majesty, they deprive themselves of the light, as it were, of that glory and honour which before-time they received from her, the chief and fountain of all their light: and so he doubted not to call those persons traitors, who, whilst they stood, were noblemen; and now, failing of their allegiance, lost their titles. In the late Rebellion of this Traitor Essex, this Lee came flagrante crimine, and offered his service to the Lord-Admiral, and Mr. Secretary, as he pretended, to kill the earl, which he said he could do, as being well acquainted, and loved of the earl: but they refusing, he would needs have offered so much to the queen's majesty; but with what mind, his practice will discover.

Lee. It is true, I would have been the first man should have gone against him whilst I thought him a traitor, and so would have adventured against any, to have defended the queen.

Att. Gen. How you meant it, that will be plain anon.-After this, he came to sir Henry Nevil, a gentleman of noble blood, and uttered his mind to him concerning the practice in the Indictment; and after that came to sir Robert Cross, as you shall hear, and opened his vile purpose at large to persuade him. That these worthy men deserving all honour for their loyalty, refused, and revealed his vile plot in good time. And thus much he had confessed under his hand.

Lee. What I have set my hand to, I cannot tell; but I am sure I had never such intent as you would persuade the jury I had.

Att. Gen. That is to be proved by sir Robert Crosse, what you meant when you went about to persuade him.

Lee. I persuaded him not; and he will not say so.

Att. Well; he shall speak it before your face.

Then sir Robert Crosse was sworn, and set in sight of the prisoner; and began to teli; That upon Thursday about 5 at night capt. Lee, came to his lodging, he being ready to go abroad, and told him, he should not go out, yet he must speak with him; and so taking him aside, he spoke to him of these matters of Treason, and said, that half a dozen resolute men, &c.

capt. Lee to this purpose, That he loved and honoured the earl of Essex as much as any man in England, saving sir Henry Lee.

Att. This being but the prologue to an ensuing tragedy, he would give a taste of the practices and treasons of the earl of Essex, and his complices.

Lee. He doubted the treason would light on some of them that held the earl a traitor. Whereat a confused noise there was, That he was a villain to defend a Traitor.

Mr. Attorney proceeded to shew the queen's great grace in sending to him the said earl, and the contempt and indignities offered to those honourable persons and counsellors sent to call him to his allegiance.

The L. C. Justice spake to this point, confirming of his own knowledge what the Attorney said, much after the manner it was delivered at the earl's Arraignment. The Attorney, continued he, would of his own knowledge affirm, that all the associates and complices of the earl in this practice, were of these three sorts either Atheists, Papists, or men of broken estates: for he had looked into them all particularly. Then named he sir Christ. Blunt and sir John Davis, known Papists: Catesby and Tresham likewise; the last of which he said was a stock, that was genere minax Dei, and was he that abused the Lord-keeper in Essex house; Salisbury also he named to be a notable villain, and these seven years together laid out for by the Lord-Chief-Justice, and so of the rest he said he could speak.

Mr. Attorney. Besides in Ireland, it is plain to be proved, how he held intelligence with Seminaries and Priests, entertaining them to deal with the king of Spain and the pope, to make himself king of England.

Lee. Who! my lord of Essex deal with Seminaries and Priests? nay, it is well known he too much disliked those Pater-noster fellows to call them to a reckoning in any such matter. Mr. Attorney said further, It is well known that the earl of Essex used this capt. Lee as a messenger to Tyrone; and Tyrone made him his bedfellow, and capt. Lee brought a message back to the earl of Essex, as he had confessed. Then there was some mention of a Letter between them; but I could not well hear what. Then was read capt. Lee's confession to that point, how sir Christ. Blunt, being marshal, sent him to Tyrone, and when he came, he found him very peremptory, using insolent speeches, and condemning our nation as a base people, and said the earl of Essex was sent to kill him, but he should not compass it; any of his slaves might easily kill the earl, but he would not take the life of any. And further, if he would (meaning the earl of Essex) follow his Plot, he would make him the greatest in England. Capt. Lee had them read out all: they left out much matter that should be known.

Mr. Attorney would not have any further thing read, and pressed further, the circumstances that Lee had confessed, that made him think the earl of Essex know of his going;

namely, for that the marshal was well known not to do such things, of far less consequence, without the earl's privity and consent. Again, the earl of Essex made a private sudden journey to the then house of the said Lee, where the said sir Christ. Blunt lay sick, and within a day after, sir Christopher sent him to Tyrone.

To these Confessions read, capt. Lee answered nothing, as not belonging to the matter of his Indictment.

Mr. Attorney urged, That it was very likely that this man had been made acquainted with these late practices; which Lee with protestation denied.

Mr. Attorney. Nay, it could not be but he must have an ill meaning, that he should offer, as he did, to kill the earl of Essex, flagrante crimine, in that sort, and after enter into this plot and practice. Mark, said the Attorney, he said they might force' her majesty to do it: mark this word, 'force,' (which, as I remember, was in some part of his own Contes sion) Go in unto her, and never leave her till she had done it.'

I

Lee. Why I did say, with an If; and then am not a fool, but I know they must have been of a resolution that should have undertaken such a thing, and such as would not fear to displease her majesty for half an hour, to please her all her life after: but I never meant to have been an actor myself.

The Court, affirmed it was Treason to undertake to force' her majesty to do any thing against her will.

Capt. Lee. I never undertook it.

Mr. Attorney urged his words to sir Robert Mansfield riding in his coach after he was apprehended, that shewed himself guilty, and so willed sir Robert should be sworn.

Sir Robert Mansfield affirmed, That capt. Lee should say, that he had humbly sued to her majesty this twelvemonth, that he might be employed in some service, wherein he might have some throats cut: and now he thought be had done somewhat to bring him to his end.— Capt. Lee seemed to take some exceptions against sir Robert Mansfield.

Sir Robert protested he would neither wrong him, nor any man; and but for this cause, be had no reason to think otherwise than well of capt. Lee.

Capt. Lee confessed he had lived in misery, and cared not to live, his enemies were so many and so great.

Mr. Attorney urged her majesty's pardon to him heretofore; for he said, he was a man many ways having passed the danger of the law, being full of cruelty and blood.

Capt. Lee answered, it was the worst thing her majesty did for him, to pardon him.

Mr. Attorney. Hark, how ungrateful he is! Capt. Lee. Nay, I humbly thank her majesty for that her grace; but it had been better for me I had died then. I have lost a great deal of blood since, and now am like to end worse: and for that it is said I am a bloody man and cruel; I protest I have been in her

ed any thing against their country, but only to | provide for their own safety.-But admitting that the Protestation of the prisoners was so far true, that they had not at that time in their minds a formed and distinct cogitation to have destroyed the qucen's person, yet nothing is more variable and mutable than the mind of man; and especially Honores mutant mores; when they were once aloft, and had the queen in their hands, and were peers in my lord of 'Essex's parliament, who could promise of what mind they would then be? especially when it is considered that my lord of Essex at his arraignment defended his first action of imprisoning the privy counsellors, by pretence that he was forced to it by his unruly company: so that if themselves would not have had, or would not seem to have had that extreme and devilish wickedness of mind, as to lay violent hands on the queen's sacred person; yet what must be done to satisfy the multitude and secure their party, must then be the question. The example of Richard the third may be remembered, who (though he were king in possession, and the rightful inheritors but infants) could never sleep quiet in bis bed till they were made away; much less is it to be expected, that a Catilinary knot and combination of rebels (who have made an insurrection without so much as the fume of a title) would ever endure, that a queen, who had been their sovereign, and had reigned so many years in such renown and policy, should continue longer alive, than should make for

their own turn.

After this the aforesaid sir Christ. Blunt, sir Charles Davers, and sir John Davis said, That now they were better informed, and had entered into a deeper consideration of the matter, they were sorry they had given the Court so much trouble, and had not confessed the Indictment at first. However, the Queen's Counsel produced their Evidence to the Jury, which consisted principally of their several Confessions, and the rest of the Evidence used at the Trial of the earls of Essex and Southampton, as mentioned before in the said Trial.

Against Henry Cuffe was given in Evidence sir Charles Daver's Confession, who charged bim, when there was a debating of the several euterprizes which they should undertake, that he did ever bind firmly and resolutely for attempting the court. Also the earl of Essex's Accusation under his hand avouched by him to his face, that he was a principal instigator of him in his Treasons. But the chief evidence was a declaration of sir Henry Nevil, which described and set out the whole manner of his practising with him.

Cuffe. If my being within Essex-House the day of the Rebellion be a foundation to charge me with High-Treason, you may as well charge a lion that is within a grate with treason: and for the consultation of Drury-House, it is no more treason than the child in the mother's belly is a child.

Solicitor General, (Fleming.) As to his be

ing in Essex-House, he was not there by force and compulsion, but freely and voluntarily: there was a distribution in the action, some were to make good the house, and others to enter the city; and the one part held correspondence with the other; and in treasons there can be no accessaries, all are principals. As to the Consultations at Drury-House, it was a perfect Treason in itself, because the compassing the queen's Destruction, which by Judg ment of law was concluded and implied in that consultation, was Treason in the very thought and cogitation, so as that thought be proved by an overt act: that same consultation was an overt act, though it had not been upon a list of Names and articles in writing, much more being upon matter in writing and again, the going into the city was a pursuance and carrying on of the enterprize against the court, and not a desisting or departing from it.

L. C. J. If many do conspire to execute Treason against the prince in one manner, and some of them do execute it in another manner, yet their act, though different in the manner, is the act of all of them who conspire, by reason of the general malice of the intent.

Against sir Gilly Merrick the Evidence produced proved him guilty of open Rebellion; for that he was a captain or commander over the house, and took upon him the charge to keep it and make it good as a place of retreat, for those who issued out into the city; and fortifyed and barricadoed the same house, making provision of muskets, powder, pellets, and other ammunition and weapons for the holding and defending it; and was a busy, for ward and noted actor in that defence and resistance, made against the queen's forces brought against it by her majesty's lieutenant. It was further proved, that some few days be fore the rebellion, he had with great heat and violence displaced certain gentlemen who were lodged in an house close by Essex-House, and there posted divers of my lord Essex's followers and accomplices.-It was also proved that the afternoon before the Rebellion, Merrick with a great company of others, who were all afterwards in the action, had procured to be played before them the play of deposing king Richard the second; neither was it casual, but a play bespoke by Merrick : and when it was told lan by one of the players, that the play was old, and they should have loss in playing it, because few would come to it, there were forty shillings extraordinary given for it, and so it was played.

Upon this Evidence the Jury went from the bar, and after some time returned and brought thein in all Guilty and accordingly they received Sentence of Death; and were all exeand sir Charles Davers, who, being nobly des cuted at Tyburn, except sir Christopher Blunt, cended, were beheaded upon Tower-Hill.

On the 13th of March, Merrick and Cuffe were drawn to Tyburn: when they were come to the gallows, Cuffe spake as follows:

I am brought hither to pay my last debt to