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gave advertisement of an intent he had to do service, to cozen the king of Spain of the money : and in and hereupon obtained a passport: but after his that he continued at his arraignment, when notcoming in, he made no haste to reveal any thing, withstanding, at the first he did retract his own conbut thought to dally and abuse in some other sort. fession : and yet being asked, whether he was drawn, And while the light was thus in the clouds, there either by means of torture, or promise of life, to was also intercepted a little ticket which Ferrera in make the same confession ? he did openly testify prison had found means to write, in care to conceal that no such means were used towards him. Lopez, and to keep him out of danger, to give a But the falsehood of this excuse being an allegacaveat of staying all farther answers and advertise- tion that any traitor may use and provide for himments in these causes. Whereupon Lopez was first self, is convicted by three notable proofs. The first, called in question.

that he never opened this matter, neither unto her But in conclusion, this matter being with all assi- Majesty, unto whom he had ordinary access, nor to duity and policy more and more pierced and mined any counsellor of state, to have permission to toll into, first, there was won from Manuel Louis his let-on, and inveigle these parties, with whom he did ters from the count de Fuentes and secretary Juarra treat, if it had been thought so convenient; wherein, to Ferrera, in both which mention is made of the percase, he had opportunity to have done some queen's death ; in that of the count's under the term good service, for the farther discovery of their seof a commission; and in that of the secretary's un cret machinations against her Majesty's life. The der the term of the great service, whereof should second, that he came too late to this shift; having arise a universal benefit to the whole world. Also first bewrayed his guilty conscience, in denying the letters of credit written by Gonsalo Gomez, one those treaties and conferences till they were evito Pedro de Carrera, and the other to Juan Pallacio, dently and manifestly proved to his face. The third, to take up a sum of money by Manuel Louis, by the that in conferring with Ferrera about the manner foresaid false name of Fr. de Thores; letters so of his assurance, he thought it better to have the large, and in a manner without limitation, as any money in the hands of such merchants as he should sum by virtue thereof might be taken up; which name in Antwerp, than to have it brought into letters were delivered to Louis by the count de Fu- England; declaring his purpose to be, after the fact entes's own hands, with directions to show them to done, speedily to fly to Antwerp, and there to tarry Lopez for his assurance: a matter of God's secret some time, and so to convey himself to Constantino working in staying the same, for thereupon rested ple; where it is affirmed, that Don Salomon, a Jew only the execution of the fact of Lopez. Upon so in good credit, is Lopez his near kinsman, and that narrow a point consisted the safety of her Majesty's he is greatly favoured by the said Don Salomon : life, already sold by avarice to malice and ambition, whereby it is evident that Lopez had cast his reckonbut extraordinarily preserved by that watchman ings upon the supposition of the fact done. which never slumbereth. This same Manuel Louis, Thus may appear, both how justly this Lopez * and Stephen Ferrera also, whereof the one managed is condemned for the highest treason that can be the matter abroad, and the other resided here to imagined; and how, by God's marvellous goodness, give correspondence, never meeting after Manuel her Majesty hath been preserved. And surely, if a had returned, severally examined without torture man do truly consider, it is hard to say, whether or threatening, did in the end voluntarily and clearly God hath done greater things by her Majesty or for confess the matters above mentioned, and in their her: if you observe on the one side, how God hath confessions fully consent and concur, not only in ordained her government to break and cross the unsubstance, but in all points, particularities, and cir- just ambition of the two mighty potentates, the king cumstances; which confessions appear expressed in of Spain and the bishop of Rome, never so straitly their own natural language, testified and subscribed between themselves combined : and on the other with their own hands; and in open assembly, at the side, how mightily God hath protected her, both arraignment of Lopez in the Guildhall, were by against foreign invasion and inward troubles, and them confirmed and avouched to Lopez his face; and singularly against the many secret conspiracies that therewithal are extant, unde faced, the original letters have been made against her life; thereby declaring from count de Fuentes, secretary Juarra, and the rest. to the world that he will indeed preserve that in

And Lopez himself, at his first apprehension and strument which he hath magnified. But the corexamination, did indeed deny, and deny with deep ruptions of these times are wonderful, when that wars, and terrible oaths and execrations, the very confer- which are the highest trials of right between princes, ences and treaties with Ferrera, or Andrada, about that acknowledge no superior jurisdiction, and ought the empoisonment. And being demanded, if they to be prosecuted with all honour, shall be stained were proved against him what he would say ? he and infamed with such foul and inhuman practices. answered, That he would yield himself guilty of the Wherein if so great a king hath been named, the fact intended. Nevertheless being afterwards con rule of the civil law, which is a rule of common reafronted by Ferrera, who constantly maintained to him son, must be remembered ; " Frustra legis auxilium all that he had said, reducing him to the times and implorat, qui in legem committit.” He that hath places of the said conferences, he confessed the mat- sought to violate the Majesty royal, in the highest ter, as by his confession in writing, signed with his degree, cannot claim the pre-eminence thereof to be own hand, appeareth. But then he fell to that slen- exempted from just imputation. der evasion, as his last refuge, that he meant only

* Lopez was executed 7th June, 1594.




The points of form worthy to be observed.

count taken, and my lord's answers appearing to be

of no defence, that shadow of defence which was The fifth of June in Trinity term, upon Thursday, offered consisted of two parts, the one his own conbeing no Star-chamber day, at the ordinary hour ceit of some likelihood of good effects to ensue of when the courts sit at Westminster, were assembled the course held, the other a vehement and overtogether at the lord keeper's house in the great ruling persuasion of the council there, though he were chamber, her Majesty's privy council, enlarged and indeed as absolutely freed from opinion of the counassisted for that time and cause by the special call cil of Ireland, as he was absolutely tied to her and associating of certain selected persons, viz. four Majesty's trust and instructions: Nevertheless, her earls, two barons, and four judges of the law, mak. Majesty not unwilling to admit any extenuation of ing in the whole a council or court of eighteen his offence; and considering the one point required persons, who were attended by four of her Majesty's advertisement out of Ireland, and the other farther learned counsel for charging the earl; and two expectation of the event and sequel of the affairs clerks of the council, the one to read, the other as a there, and so both points asked time and protraction ; register ; and an auditory of persons, to the number, her Majesty proceeded still with reservation, not to as I could guess, of two hundred, almost all men of any restraint of my lord according to the nature and quality, but of every kind or profession; nobility, degree of his offence, but to a commitment of him, court, law, country, city. The upper end of the table sub libera custodia, in the lord keeper's house. left void for the earl's appearance, who after the After, when both parts of this defence plainly commissioners had sat a while, and the auditory failed my lord, yea, and proved utterly adverse to was quiet from the first throng to get in, and the him, for the council of Ireland in plain terms disdoors shut, presented himself and kneeled down at avowed all those his proceedings, and the event the board's end, and so continued till he was licensed made a miserable interpretation of them, then her to stand up.

Majesty began to behold the offence in nature and The names of the commissioners.

likeness, as it was divested from any palliation or

cover, and in the true proportion and magnitude Lord Archbishop,

thereof, importing the peril of a kingdom : which Lord Keeper, &c.

consideration wrought in her Majesty a strange effect, It was open, that her Majesty being if any thing which is heroical in virtue can be strange

imperial, and immediate under God, in her nature ; for when offence was grown unjesty's pro was not holden to render account of her measurably offensive, then did grace superabound; ceeding

actions to any; howbeit, because she and in the heat of all the ill news out of Ireland, had chosen ever to govern, as well with satisfaction and other advertisements thence to my lord's disas with sovereignty, and the rather, to command advantage, her Majesty entered into a resolution, down the winds of malicious and seditious rumours out of herself and her inscrutable goodness, not to wherewith men's conceits may have been tossed to overthrow my lord's fortune irreparably, by public and fro, she was pleased to call the world to an and proportionable justice : notwithstanding, inasunderstanding of her princely course held towards much as about that time there did fly about in Lonthe earl of Essex, as well in here-before protracting don streets and theatres divers seditious libels; and as in now proceeding.

Powles and ordinaries were full of bold and factious The earl repairing from his government into this discourses, whereby not only many of her Majesty's realm in August last, contrary to her Majesty's ex- faithful and zealous counsellors and servants were press and most judicial commandment, though the taxed, but withal the hard estate of Ireland was contempt were in that point visible, and her Majesty's imputed to any thing rather than unto the true mind prepared to a just and high displeasure, in re cause, the earl's defaults, though this might have gard of that realm of Ireland set at hazard by his made any prince on earth to lay aside straightways former disobedience to her royal directions, yet kept the former resolution taken, yet her Majesty in her that stay, as she commanded my lord only to his moderation persisted in her course of clemency, and chamber in court, until his allegations might by her bethought herself of a mean to right her own honour, privy council be questioned and heard ; which ac and yet spare the earl's ruin; and therefore taking

a just and most necessary occasion upon these libels, * At York-House, in June, 1600, prepared for queen Eliza

of an admonition to be given seasonably, and as is beth by her command, and read to her by Mr. Bacon, but never published.

oft accustomed; the last Star-chamber day of Mi.

A declaration of her Ma.

chaelmas term, was pleased, that declaration should domesticos parietes, and not luce forensi. And be made, by way of testimony, of all her honourable whereas again in the Star-chamber there be certain privy council, of her Majesty's infinite care, royal formalities not fit in regard of example to be disprovisions, and prudent directions for the prosecu- pensed with, which would strike deeper both into tions in Ireland, wherein the earl's errors, by which my lord's fortune and reputation; as the fine which means so great care and charge was frustrated, were is incident to a sentence there given, and the impriincidently touched.

sonment of the Tower, which in case of contempts But as in bodies very corrupt, the medicine rather that touch the point of estate doth likewise follow; stirreth and exasperateth the humour than purgeth her Majesty turning this course, had directed that it, so some turbulent spirits laid hold of this pro- the matters should receive, before a great, honourceeding in so singular partiality towards my lord, able, and selected council, a full and deliberate, and as if it had been to his disadvantage, and gave out yet in respect, a private, mild, and gracious hearing. that this was to condemn a man unheard, and to All this was not spoken in one undivided speech, wound him on his back, and to leave Justice her but partly by the first that spake of the learned sword and take away her balance, which consisted counsel, and partly by some of the commissioners ; of an accusation and a defence; and such other for in this and the rest I keep order of matter, and seditious phrases: whereupon her Majesty seeing not of circumstance. herself interested in honour, which she hath ever sought to preserve as her eye, clear and without

The matters laid to my lord's charge. mote, was enforced to resolve of a judicial hearing The matters wherewith my lord was

The charge of the cause, which was accordingly appointed in the charged were of two several natures; of end of Hilary term. At the which time warning a higher, and of an inferior degree of offence. being given to my lord to prepare himself, he fall The former kind purported great and high coning, as it seemed, in a deep consideration of his tempts and points of misgovernance in his office of estate, made unto her Majesty by letter an humble and her Majesty's lieutenant and governor of her realm effectual submission, beseeching her that that bitter of Ireland; and in the trust and authority thereby cup of justice might pass from him, for those were to him committed. his words; which wrought such an impression in her The latter contained divers notorious errors and Majesty's mind, that it not only revived in her her neglects of duty, as well in his government as former resolution to forbear any public hearing, but otherwise. it fetched this virtue out of mercy by the only touch, The great contempts and points of misgovernment a few days after my lord was removed to farther and malversation in his office, were articulate into liberty in his own house, her Majesty hoping that three heads. these bruits and malicious imputations would of I. The first was the journey into themselves wax old and vanish : but finding it other Munster, whereby the prosecution cipal articles

The three prin wise in proof, upon taste taken by some intermission in due time upon Tyrone in Ulster of time, and especially beholding the humour of the was overthrown: wherein he proceeded contime in a letter presumed to be written to her Ma trary to his directions, and the whole design jesty herself by a lady, to whom, though nearest in of his employment: whereof ensued the conblood to my lord, it appertained little to intermeddle sumption of her Majesty's army, treasure, in matters of this nature, otherwise than in course of and provisions, and the evident peril of that humility to have solicited her grace and mercy: in kingdom. which letter, in a certain violent and mineral spirit II. The second was the dishonourable and dangerof bitterness, remonstrance and representation is ous treaty held, and cessation concluded with made to her Majesty, as if my lord suffered under the same arch-rebel Tyrone. passion and faction, and not under justice mixed with III. The third was his contemptuous leaving his mercy; which letter, though written to her sacred

government, contrary to her Majesty's absolute Majesty, and therefore unfit to pass in vulgar hands, mandate under her hand and signet, and in a yet was first divulged by copies every where, that time of so imminent and instant danger. being, as it seemeth, the newest and finest form of For the first, it had two parts; that libelling, and since committed to the press : her Ma- her Majesty's resolution and direction That her Mas jesty in her wisdom seeing manifestly these rumours was precise and absolute for the northern tion was prethus nourished had got too great a head to be re- prosecution, and that the same direction lute for the pressed without some hearing of the cause, and was by my lord, in regard of the northern pro

secution. calling my lord to answer; and yet on the other journey to Munster, wilfully and conside, being still informed touching my lord himself temptuously broken. of his continuance of penitence and submission, did It was therefore delivered, that her Majesty, in conclusion resolve to use justice, but with the touched with a true and princely sense of the torn edge and point taken off and rebated; for whereas and broken estate of that kingdom of Ireland, enternothing leaveth that taint upon honour, which in a ed into a most christian and magnanimous resolution person of my lord's condition is hardliest repaired, to leave no faculty of her regal power or policy unin question of justice, as to be called to the ordinary employed for the reduction of that people, and for and open place of offenders and criminals, her Ma. the suppressing and utter quenching of that flame of jesty had ordered that the hearing should be intra rebellion, wherewith that country was and is

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wasted : whereupon her Majesty was pleased to This proposition and project moving from my take knowledge of the general conceit, how the lord, was debated in many consultations. The former making and managing of the actions there principal men of judgment and service in the wars, had been taxed, upon two exceptions ; the one, that as a council of war to assist a council of state, were the proportions of forces which had been there called at times unto it; and this opinion of my maintained and continued by supplies, were not suf lord was by himself fortified and maintained against ficient to bring the prosecutions to a period : the all contradiction and opposite argument; and in the other, that the prosecutions had been also intermix-end, ex unanimi consensu, it was concluded and ed and interrupted with too many temporizing resolved that the axe should be put to the root of the treaties, whereby the rebel did not only gather tree : which resolution was ratified and confirmed strength, but also find his strength more and more, by the binding and royal judgment of her sacred so as ever such smothers broke forth again into Majesty, who vouchsafed her kingly presence at greater flames. Which kind of discourses and ob most of those consultations. jections, as they were entertained in a popular kind According to a proposition and enterprise of this of observation, so were they ever chiefly patronized nature, were the proportions of forces and provisions and apprehended by the earl, both upon former thereunto allotted. The first proportion set down times and occasions, and now last when this matter by my lord was the number of 12,000 foot and was in deliberation. So as her Majesty, to acquit 1200 horse ; which being agreed unto, upon some her honour and regal function, and to give this other accident out of Ireland, the earl propounded satisfaction to herself and others, that she had left to have it made 14,000 foot, and 1300 horse, which no way untried, resolved to undertake the action was likewise accorded; within a little while after with a royal army and puissant forces, under the the earl did newly insist to have an augmentation of leading of some principal nobleman; in such sort, 2000 more, using great persuasions and confident that, as far as human discourse might discern, it significations of good effect, if those numbers might might be hoped, that by the expedition of a summer be yielded to him, as which he also obtained before things might be brought to that state, as both realms his departure; and besides the supplies of 2000 may feel some ease and respiration ; this from arriving in July, he had authority to raise 2000 charges and levies, and that from troubles and perils. | Irish more, which he procured by his letters out of Upon this ground her Majesty made choice of my Ireland, with pretence to farther the northern serlord of Essex for that service, a principal peer and vice: so as the army was raised in the conclusion officer of her realm, a person honoured with the and list to 16,000 foot, and 1300 horse, supplied trust of a privy counsellor, graced with the note of with 2000 more at three months' end, and increased her Majesty's special favour, infallibly betokening with 2000 Irish upon this new demand; whereby and redoubling his worth and value, enabled with her Majesty at that time paid 18,000 foot and 1300 the experience and reputation of former services, horse in the realm of Ireland. Of these forces, and honourable charges in the wars; a man every divers companies drawn out of the experienced way eminent, select, and qualified for a general of a bands of the Low Countries ; special care taken that great enterprise, intended for the recovery and the new levies in the country should be of the ablest, reduction of that kingdom, and not only or merely and most disposed bodies; the army also animated as a lieutenant or governor of Ireland.

and encouraged with the service of divers brave and My lord, after that he had taken the charge upon valiant noblemen and gentlemen voluntaries; in him, fell straightways to make propositions answer sum, the most flourishing and complete troops that able to her Majesty's ends, and answerable to his have been known to have been sent out of our nation own former discourses and opinions; and chiefly did in any late memory. A great mass of treasure pro. set down one full and distinct resolution, that the vided and issued, amounting to such a total, as the design and action, which of all others was most charge of that army, all manner of ways, from the final and summary towards an end of those troubles, time of the first provisions and setting forth, to the and which was worthy her Majesty's enterprise with time of my lord's returning into England, was verigreat and puissant forces, was a prosecution to be fied to have drawn out of the coffers, besides the made upon the arch-traitor Tyrone in his own charge of the country, the quantity of 300,0001, and strengths within the province of Ulster, whereby so ordered as he carried with him three month's pay both the inferior rebels which rely upon him, and beforehand, and likewise victual, munition, and all the foreigner upon whom he relieth, might be dis- habiliments of war whatsoever, with attendance of couraged, and so to cut asunder both dependences: shipping allowed and furnished in a sortable proporand for the proceeding with greater strength and tion, and to the full of all my lord's own demands. policy in that action, that the main invasion and For my lord being himself a principal counsellor impression of her Majesty's army should be accom for the preparations, as he was to be an absolute panied and corresponded unto by the plantation of commander in the execution, his spirit was in every strong garrisons in the north, as well upon the river conference and conclusion in such sort, as when of Loghfoile as a postern of that province, as upon there happened any points of difference upon the hither frontiers, both for the distracting and demands, my lord using the forcible advantages of bridling of the rebel's forces during the action, and the toleration and liberty which her Majesty's speagain, for the keeping possession of the victory, if cial favour did give unto him, and the great devoGod should send it.

tion and forwardness of his fellow-counsellors to the

general cause, and the necessity of his then present | find himself trusted, directed, and engaged wholly service, he did ever prevail and carry it; insomuch for the northern expedition. as it was objected and laid to my lord's charge as The parts of this that were charged were verified one of his errors and presumptions, that he did by three proofs : the first, the most authentical but oftentimes, upon their propositions and demands, the least pressed, and that was her Majesty's own enter into contestations with her Majesty, more a royal affirmation, both by her speech now and her great deal than was fit. All which propositions precedent letters ; the second, the testimony of the before mentioned being to the utmost of my lord's privy council, who upon their honours did avouch own askings, and of that height and greatness, the substance of that was charged, and referred might really and demonstratively express and inti-themselves also to many of their lordships' letters to mate unto him, besides his particular knowledge the same effect; the third, letters written from my which he had, as a counsellor of estate, of the means lord after his being in Ireland, whereby the resoluboth of her Majesty and this kingdom, that he was tion touching the design of the north is often knownot to expect to have the commandment of 16,000 ledged. foot and 1300 horse, as an appurtenance to his There follow some clauses both of

The proofs. lieutenancy of Ireland, which was impossible to be her Majesty's letters and of the lords of maintained ; but contrariwise, that in truth of inten- her council, and of the earl's and the council of Ire. tion he was designed as general for one great land, for the verification of this point. action and expedition, unto which the rest of his Her Majesty, in her letter of the 19th of July to authority was but accessary and accommodate.

my lord of Essex, upon the lingering of the northern It was delivered further, that in the authority of journey, doubting my lord did value service, rather his commission, which was more ample in many | by the labour he endured, than by the advantage of points than any former lieutenant had been vested her Majesty's royal ends, hath these words : with, there were many direct and evident marks of “ You have in this despatch given us

Her Majesty his designation to the northern action, as principally small light, either when or in what to the earl of a clause whereby “merum arbitrium belli et pacis” order you intend particularly to proceed Essex 19th of was reposed in his sole trust and discretion, whereas to the northern action; wherein if you diately after all the lieutenants were ever tied unto the peremp compare the time that is run on, and the Munster

journey. tory assistance and admonition of a certain number the excessive charges that are spent, of voices of the council of Ireland. The occasion with the effects of any thing wrought by this voyof which clause so passed to my lord, doth notably age, howsoever we remain satisfied with your own disclose and point unto the precise trust committed particular cares and travails of body and mind, yet to my lord for the northern journey; for when his you must needs think that we that have the eyes of commission was drawn at first according to former pre foreign princes upon our actions, and have the hearts cedents, and on the other side my lord insisted of people to comfort and cherish, who groan under strongly to have this new and prima facie vast and the burthen of continual levies and impositions, exorbitant authority, he used this argument; that which are occasioned by these late actions, can little the council of Ireland had many of them livings and please ourself hitherto with any thing that hath possessions in or near the province of Lemster and been effected." Munster; but that Ulster was abandoned from any In another branch of the same letter, reflecting such particular respects, whereby it was like, the her royal regard upon her own honour interested in council there would be glad to use her Majesty's this delay, hath these words : forces for the clearing and assuring of those terri “ Whereunto we will add this one

A second tories and countries where their fortunes and estates thing that doth more displease us than clause of the were planted : so as if he should be tied to their any charge or offence that happens, voices, he were like to be diverted from the main which is, that it must be the queen of England's service intended: upon which reason that clause was fortune, who hath held down the greatest enemy yielded unto.

she had, to make a base bush-kern to be accounted So as it was then concluded, that all circumstances so famous a rebel, as to be a person against whom tended to one point, that there was a full and pre so many thousands of foot and horse, besides the cise intention and direction for Ulster, and that my force of all the nobility of that kingdom, must be lord could not descend into the consideration of his thought too little to be employed.” own quality and value ; he could not muster his fair In another branch, discovering, as upon the vanarmy; he could not account with the treasurer, and tage ground of her princely wisdom, what would be take consideration of the great mass of treasure is the issue of the courses then held, hath these words: sued; he could not look into the ample and new “ And therefore, although by your clause of his letters patents; he could not look back, letter we found your purpose to go north- clause of the either to his own former discourses, or to the late wards, on which depends the main good propositions whereof himself was author, nor to the of our service, and which we expected long since conferences, consultations, and conclusions thereupon, should have been performed; yet because we do nor principally to her Majesty's royal direction and hear it bruited, besides the words of your letter writexpectation, nor generally to the conceit both of ten with your own hand, which carries some such subjects of this realm, and the rebels themselves in sense, that you who allege such sickness in your Ireland ; but which way soever he turned, he must army by being travelled with you, and find so great

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