but in all points, particularities, and circumstances; which confessions appear expressed in their own natural language, testified and subscribed with their own hands; and in open assembly, at the arraignment of Lopez in the Guildhall, were by them confirmed and avouched to Lopez his face; and therewithal are extant, undefaced, the original letters from count de Fuentes, secretary Juarra, and the rest.

And Lopez himself, at his first apprehension and examination, did indeed deny, and deny with deep and terrible oaths and execrations, the very conferences and treaties with Ferrera, or Andrada, about the empoisonment. And being demanded, if they were proved against him what he would say? he answered, That he would yield himself guilty of the fact intend ed.. Nevertheless, being afterwards confronted by Ferrera, who constantly maintained to him all that he had said, reducing him to the times and places of the said conferences, he confessed the matter, as by his confession in writing, signed with his own hand, appeareth. But then he fell to that slender evasion, as his last refuge, that he meant only to cozen the king of Spain of the money and in that he continued at his arraignment, when, notwithstanding, at the first he did retract his own confession: and yet being asked, whe, ther he was drawn, either by means of torture, or promise of life, to make the same confession? he did openly testify that no such means were used towards him.

But the falsehood of this excuse, being an allegation that any traitor may use and provide for himself, is convicted by three notable proofs. The first, that he never opened this matter, neither unto her majesty unto whom he had ordinary access, nor to any counsellor of state, to have permission to toll on, and inveigle these parties with whom he did treat, if it had been thought so convenient; wherein, percase, he had opportunity to have done some good service, for the farther discovery of their secret machinations against her majesty's life. The second, that he came too late to this shift; having first bewrayed his guilty conscience, in denying those treaties and conferences till

they were evidently and manifestly proved to his face. The third, that in conferring with Ferrera about the manner of his assurance, he thought it better to have the money in the hands of such merchants as he should name in Antwerp, than to have it brought into England; declaring his purpose to be, after the fact done, speedily to fly to Antwerp, and there to tarry some time, and so to convey himself to Constantinople; where it is affirmed, that Don Salomon, a Jew in good credit, is Lopez his near kinsman, and that he is greatly favoured by the said Don Salomon: whereby it is evident that Lopez had cast his reckonings upon the supposition of the fact done.

Thus may appear, both how justly this Lopez✶ is condemned for the highest treason that can be imagined; and how, by God's marvellous goodness, her majesty hath been preserved. And surely, if a man do truly consider, it is hard to say, whether God hath done greater things by her majesty or for her: if you observe on the one side, how God hath ordained her government to break and cross the unjust ambition of the two mighty potentates, the king of Spain and the Bishop of Rome, never so straitly between themselves combined: and on the other side, how mightily God hath protected her, both against foreign invasion and inward troubles, and singularly against the many secret conspiracies that have been made against her life; thereby declaring to the world that he will indeed preserve that instrument which he hath magnified. But the corruptions of these times are wonderful, when that wars, which are the highest trials of right between princes, that acknowledge no superior jurisdiction, and ought to be prosecuted with all honour, shall be stained and infamed with such foul and inhuman practices. Wherein if so great a king hath been named, the rule of the civil law, which is a rule of common reason, must be remembered; Frustra legis auxilium implorat, qui in legem committit. He that hath sought to violate the majesty royal, in the highest degree, cannot claim the pre-eminence thereof to be exempted from just imputation.

* Lopez was executed 7th June, 1594.

THE

*PROCEEDINGS

OF THE

EARL OF ESSEX.

The points of form worthy to be observed.

THE fifth of June in Trinity term, upon Thursday, being no Star-chamber day, at the ordinary hour when the courts sit at Westminster, were assembled together at the lord-keeper's house in the great chamber, her majesty's privy-council, enlarged and assisted for that time and cause by the special call and associating of certain selected persons, viz. four earls, two barons, and four judges of the law, inaking in the whole a council or court of eighteen persons, who were attended by four of her majesty's learned counsel for charging the earl; and two clerks of the council, the one to read, the other as a register; and an auditory of persons, to the number, as I could guess, of two hundred, almost all men of quality, but of every kind or profession; nobility, court, law, country, city. The upper end of the table left void for the earl's appearance, who, after the commissioners had sat a while, and the auditory was quiet from the first throng to get in, and the doors shut, presented himself and kneeled down at the board's end, and so continued till he was licensed to stand up.

The names of the commissioners.

Lord Archbishop,

Lord Keeper, ete.

* At York-House, in June, 1600, prepared for queen Elizabeth by her command, and read to her by Mr. Bacon, but never published,

It was opened, that her majesty being imperial, and A declaraimmediate under God, was not holden to render ac- tion of her majesty's count of her actions to any; howbeit, because she proceedhad chosen ever to govern, as well with satisfaction ing. as with sovereignty, and the rather, to command down the winds of malicious and seditious rumours wherewith mens conceits may have been tossed to and fro, she was pleased to call the world to an understanding of her princely course held towards the earl of Essex, as well in here-before protracting as in now proceeding.

The earl repairing from his government into this realm in August last, contrary to her majesty's express and most judicial commandment, though the contempt were in that point visible, and her majesty's mind prepared to a just and high displeasure, in regard of that realm of Ireland set at hazard by his former disobedience to her royal directions, yet kept that stay, as she commanded my lord only to his chamber in court, until his allegations might by her privy council be questioned and heard; which account taken, and my lord's answers appearing to be of no defence, that shadow of defence which was offered consisted of two parts, the one his own conceit of some likelihood of good effects to ensue of the course held, the other a vehement and over-ruling persuasion of the council there, though he were indeed as absolutely freed from opinion of the council of Ireland, as he was absolutely tied to her majesty's trust and instructions. Nevertheless, her majesty not unwilling to admit any extenuation of his offence; and considering the one point required advertisement out of Ireland, and the other further expectation of the event and sequel of the affairs there, and so both points asked time and protraction; her majesty proceeded still with reservation, not to any restraint of my lord according to the nature and degree of his offence, but to a commitment of him, sub libera custodia, in the lord-keeper's house.

After, when both parts of this defence plainly failed my lord, yea, and proved utterly adverse to him, for the

council of Ireland in plain terms disavowed all those his proceedings, and the event made a miserable interpretation of them, then her majesty began to behold the offence in nature and likeness, as it was divested from any palliation or cover, and in the true proportion and magnitude thereof, importing the peril of a kingdom which consideration wrought in her majesty a strange effect, if any thing which is heroical in virtue can be strange in her nature; for when offence was grown unmeasurably offensive, then did grace superabound; and in the heat of all the ill news out of Ireland, and other advertisements thence to my lord's disadvantage, her majesty entered into a resolution, out of herself and her inscrutable goodness, not to overthrow my lord's fortune irreparably, by public and proportionable justice: notwithstanding, inasmuch as about that time there did fly about in London streets and theatres divers seditious libels; and Powles and ordinaries were full of bold and factious discourses, whereby not only many of her majesty's faithful and zealous counsellors and servants were taxed, but withal the hard estate of Ireland was imputed to any thing rather than unto the true cause, the earl's defaults, though this might have made any prince on earth to lay aside straightways the former resolution taken, yet her majesty in her moderation persisted in her course of clemency, and bethought herself of a mean to right her own honour, and yet spare the earl's ruin; and therefore taking a just and most necessary occasion upon these libels, of an admonition to be given seasonably, and as is oft accustomed; the last Star-chamber day of Michaelmas term, was pleased, that declaration should be made, by way of testimony, of all her honourable privy council, of her majesty's infinite care, royal provisions, and prudent directions for the prosecutions in Ireland, wherein the earl's errors, by which means so great care and charge was frustrated, were incidently touched.

But as in bodies very corrupt, the medicine rather stirreth and exasperateth the humour than purgeth it, so some turbulent spirits laid hold of this proceeding in