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, for High Treason

'haue seene a good sport; for I should haue. caused her stand still, and she should not 'haue preissed away, by pronouncing of an Hebrew worde, which in Scottish is called 'holinesse;' but the Hebrew worde the deponer remembers not of; and that the earle saide hee had put the same in practice oft before. And this deponer enquyring at the earle, Where hee did get the Hebrew worde? The earle answered, In a cabbalist of the Iewes, and that it was by tradition; and the deponer enquyring, What a cabbalist meaned? some wordes The earle answered, It was which the Lewes had by tradition, which wordes were spoken by God to Adain in Paradice, and therefore were of greater efficacie and force, nor anie wordes which were excogitate since by prophetes and apostles. The deponer enquyring, If there was no more requisite but the worde? The earle answered, That a firm faith in God was requisite and necessarie, and that this was no matter of maruel amongst schollers, but that all these things were naturall. And that the earle shew to this deponer, that hee had spoken with a man in Italie, and first hearing by report that hee was a nigromancer, and therafter being informed, that hee was a verie learned man and a deep theologue, he entered in further dealing with him anent the curiosities of nature.

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Depones further, that the said earle reported to him, that hee being at the musick, he fell in companie with another man, who stairing in the earles face, spake to the rest of the companie things of him, which he could neuer attain vnto, nor be worthie of; and therfore that the earle reproached him, and desired him to And that he met forbear these speeches. again with the saide man in a like company, who did begin with the same language which he had spoken before; and that the earle saide to him, My friend, in cace yee will not hold your peace from speaking lies of will make you hold your peace by speaking sooth of you; and saide unto him, Within such a space hee should be hanged for such a crime; and so it came to passe. This deponer enquyring of the earle, Who told him that? Hee answered merely, That he spake it beAnd that the earle guesse, and it fell out so. saide further, That it was no thing to make an herb flesh, which would dissolve in flies; and that, likewise, it was possible that the seed of man and woman might be brought to perfection otherwise then by the matrix of the woman; and that this deponer counselled the earle to bewar with whom he did communicate such speeches; who answered, that he would speak them to none but to great schollers, and that hee woulde not haue spoken them to this deponer, if he had not knowne him to be a fanourer of him, and a friend of his house, and woulde not reueale the same again, seeing he knew they would be euill interpreted amongst the common sorte.

Sic subscribitur,

L. WEIMIS of Bogye.

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In

Falkland, 20 August, 1600.
presence of the Lords Chancellar, Trea-
sir George Home of
surer, Aduocate;

Spot, sir Robert Melvill, and sir lames
Melvill, knichts.

MAISTER William Rynd, sworne and exa-
mined, and demanded, where he first did see
the characters, which were found vppon my
lord; depones, that hee, hauing remained a
space in Venice, at his returning to Padua, did
finde in my lords pocket the characters which
were found vppon him at his death; and the
deponer enquyring of my lord, Where he had
gotten them? My lord answered, That by
chance he had copied them him selfe; and
that the deponer knowes, that the characters
in Latin are my lords owne hand write, but he
knows not if the Hebrew characters were writ-
ten by my lord. Depones further, that, when
my lorde woulde change his clothes, the de-
poner woulde take the characters out of my
lords pocket, and woulde say to my lord,
Wherfore serues these? And my lord woulde
answer, Can yee not let them bee, they do you
no euill; and further the deponer declares,
that sometimes my lord would forget them vn-
till hee were out of his chamber, and would
turn back as he were in an anger, vntill he had
found them, and put them in his owne pocket;
depones further, that he was sundrie times pur-
posed to have burnt the characters, were not
he feared my lords wrath and anger, seeing,
when the deponer would purposelie leaue them
sometimes out of my lords pocket, my lord
would be in such an anger with the deponer,
that for a certaine space he woulde not speak
with him, nor coulde finde his good counte-
nance; and that to this deponers opinion, my
lord would neuer be content to want the cha-
racters off him selfe, from the first time that
the deponer did see them at Padua, to the hour
of my lords death.

was,

Being demanded, For what cause my lord kept the characters so well? Depones, That lord my in his opinion it was for no good, because he heard that, in those parts where they would give sundre folks breeues. Depones further, that M. Patrick Galloway did let this deponer see the characters, since he came to this town of Falkland, and that hee knowes them to be the verie same characters which my lord had.

Depones also, that, vppon Monday the 4th of August, the maister Andrew Hendersoun, and the deponer remained in my lords chamber, vntil about ten houres at euen, and, after a long conference betwixt the lord and the maister, my lord called for Andrew Hendersoun, and, after some speeches with him, dismissed them.

Denies that he knew of the maisters or Andrew Hendersouns ryding to Falkland, and after Andrews return from Falkland vpon the morrow, howbeit he did see him booted, yet he knew not that he was come from Falkland.

Depones that, my lord being at dinner when the maister came in, the deponer heard my

lord say to the maister, Is the king in the
Inshe? And with that he did rise, and said, In
Let us goe.
But the deponer knowes not
what the maister said to my lord.
Being demanded, if he did see anie kiade of
armour or weapons, except swordes, in the
kings companie, depones that he did see none.
It being demanded, how the deponer was
satisfied with my lords answer made to him
concerning the kings comming to Sanct. Iohn-
stoun, saying, that hee knewe not how hee
come; declares, that hee thought my lord had
dissembled with him, and that hee behooued to
haue knowne it, seeing his brother was come
with his maiestie before that hee demanded of
him, and that he had confered with my lord
priuilie.

Depones, that hee knew not that the maister was ridden to Falkland, vntil after his maiesties comming to Sanct. Iohnstonn, that Andrew Ruthwea told him, because the deponer enquyred at Andrew Ruthwen, where the maister and hee had bene, and that Andrew answered they had bene in Falkland; and that, the maister having spoken with the king, his maiestie come forward with them, and that this conference betwixt the deponer and Andrew Ruthwen was in the yarde, when my lord was there. And Andrew Ruthwen shew to the deponet, that Andrew Hendersoun was directed by the maister to shew my lord that his maiestie was comming.

Depones also that, in his opinion, the maister could not haue drawne the king to my lords house, without my lords knowledge; and that, when hee heard the tumult, he was resolved in his heart the maister had done his maiestie wrong, and that no trewe christian can think otherwise, but that it was an high treason, attempted against his highnesse by the maister and the lord.

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ANDREW Hendersoun, sworne and examined, and demanded what purpose was betwixt him and the earle of Gowrie, vppon Monday at night the fourth of this instant in the said earles chamber? Depones, that the earle enquyred of him what he would be doing upon the morrow, and hee answering that he was to ryde to Ruthwen; the earle said to him, You must ryde to Falkland with maister Alexander my brother, and, when hee directs you backe, see that ye returne with al diligence, if he send a letter or anie other aduertisement with you.

Depones, that the maister directed him to send for Andrew Ruthwen, to be in readinesse to ryde with them the morrow at four houres in the morning.

Declares, that, they comming to Falkland, about seuen houres in the morning, the maister stayed in a ludging beside the palace, and directed the deponer to see what the king was doing; and, the deponer finding his maiestie in the close comming forth, he past back and told the maister, who immediatlie addressed himselfe to his highnesse, and spake with his maiestie a good space beneth the equerie; and, after his maiestie was on horse-back, the maister comes to the deponer, and commands him to fetche their horses, and bade him haste him, as he loued my lords honour and his, and aduertise my lord that his maiestie and hee would be there incontinent, and that his maiestie would be quiet; and, the deponer enquyring at the maister, if he should go presentlie, hee did bid him leap on and followe him, and not go away vntill he spake with the king; and the maister hauing spoken with the king, at a Depones also that, to his opinion, the kings breach of the park wal, he turned backe and whole companie was within a dozen of inen. bade the deponer ride away; and the deponer Sic subscribitur, M. W. RYND. making his return in al possible haste to Sanct-22 August, 1600. Iohnstoun, he fand my lord in lus chamber Maister William Rynd sworne and re-exa- about ten houres, who left the companie hee mined, if euer he heard the earle of Gowrie was speaking with, and come to the deponer, vtter his opinion anent the dutie of an wise and asked, Hath my brother sent a letter with man in the execution of an high enterprise? you? The deponer answered, No, but they Declares that, being out of the countrie, hee will be al heere incontinent, and bade the dehas diuerse times heard him reason in that poner desire my lord to cause prepare the dinmatter; and that hee was euer of that opinion ner. Immediatlie therafter, myrd took the that hee was not an wise man, that, hauing in- deponer to the cabinet, and asked at him, tended the execution of an high and dangerous | How his maiestie took with the maister his purpose, communicate the same to any but to brother? The deponer answered, Very well, him selfe, because, keeping it to him selie, it and that his maiestie laide his hand over the could not be discouered nor disappointed; maisters shouldier. Therafter my lord enquyrwhich the deponer declared before vn-required|ed, if there was manie at the hunting with the to the comptroller, and maister William Cow-king? The deponer answered, that he took no per, minister at Perth; and, hearing the depositions of Andrew Hendersoun red, and being enquyred vpon his conscience what he thought of the fact that was committed against his maiestie, declares that upon his saluation that he beleeues Andrew Hendersoun has declared the circlenstances trulie. Sic subscribitur,

M. W. RYND.

heed, but they who were accustomed to ride with his maiestie, and some Englishmen were there; and that my lord enquyred what special men were with his maiestie, and that the deponer answered, hee did see none but my lord duke. And within an hour therater, when the deponent came in from his owne house, the earle bid him put on his secreit and plait

sleeues, for he had an Heylandman to take, I saide to the kings maiestie with abhominable which the deponer did incontinent; and about oathes, That, if hee would keep silence, no twelve houres, when the deponer was going thing should aile him, if hee woulde make such out to his owne house to his dinner, the stew- promise to his brother as they would craue of ard came to him and shewe him that George him; and the kings maiestie enquyring what Craigingelt was not well, and was lyne down, promise they would craue? He answered, that desired him to tary and take vp my lords din- he would bring his brother. So he goes forth, ner; and about half an hour after twelue my and lokkes the dore of the rounde vpon his lord commanded him to take vp the first ser- maiestie and the deponer, hauing first taken uice; and, when the deponer was commanded the king sworne that hee should not cry, nor to take up the second seruice, the maister and open the windoe. William Blair came into the hal to my lord.

And his maiestie enquyring at the deponer The deponer remembreth him selfe, that what he was? He answered, A seruant of my Andrew Ruthwen came before the maister a lords And his maiestie asking at the deponer, certaine space, and spake with my lord quyet- If my lord would do anie euill to him? the delie at the table, but heard not the particular poner answered, As God shall iudge my purpose that was amongst them. And so soule, I shall die first. And, the deponer soone as the maister came to the hal, my lord preising to have opened the windoe, the maisand the whole company raise from the table; ter entered, and said, Sir, there is no remedie, and the deponer, hearing the noyes of their by God, you must die; and, hauing a loose foorth-going, supponed they were going to garter in his hands, preissed to have bound his makebreakes for makilduy; and the deponer maiesties hands, and the deponer pulled the sent his boy for his gantlet and steil bonnet; garter out of maister Alexanders hand. And and seeing my lord passe to the Inshe, and then the maister did put one of his hands in not the Shoe-gate, the deponer did cast the his maiesties mouth, to haue staied him to gantlet in the pantrie, and caused his boy take speak, and held his other arme about his hienes his steil bonnet to his owne house; and he fol- neck: And that this deponer pulled the maislowed my lord to the Inshe, and returning ters hand from his hienesse mouth, and opened back with his maiestie to the lodging, beeing the windoe: and then his maiestie cried out directed to get drinke. And the maister came thereat, wherupon his hienes seruant came in to the deponer, and bid him cause maister at the gate, and this deponer did run and open William Rynd send him vp the key of the gal- the dore of the turnpyke heade, whereat Iohn lerie chamber, who past up and delivered the Ramsay entered; and the deponer stoode in key to the maister; and immediatlie my lord the chamber vntil he did see Iohn Ramsay followed vp, and did speak with the maister, giue the maister ane stroke, and thereafter and came downe againe, and directed maister priuilie conuoyed him selfe downe the turnThomas Cranstoun to the deponer to come to pyke to his owne house; and the deponers his lordship in his maiesties chamber And wife enquyring of him what the fraie meaned? that my lord directed him to go vp to the gal-The deponer answered, that the kings maiestie lerie to his brother; and immediatlie my lord would haue been twise stikked, were not he followed vp, and commanded the deponer to releeued him. Sic subscribitur, byde there with his brother, and to doe anie thing that hee bade him. The deponer enquyred at the master, What haue yee to do, sir? The maister answered, Yee must goe in heere, and tarry vntill I come backe, for I will take the key with mee. So he lokked the deponer in the rounde within the chamber, and took the key with him. Shortly the rafter, the maister returned, and the kings maiestie with him, to the saide cabinet in the rounde; and the maister, opening the dore, entered with the king into the said rounde; and at his verie entrie, couering his head, pulled out the deponers dagger, and held the same to his maiesties breast, saying, Remember you of my fathers murther? yee shall now die for it; and minting to his hienes heart with the dagger, the deponer threw the same out of the maisters hand, and swore, that, as God shall iudge his soule, if the maister had retained the dagger in his hand the space that a man may go six steppes, he would have striken the king to the hilts with it: But wanting the dagger, and the kings maiestie giving him a gentle answere, hee

ANDREW HENDERSOUN, with my hand.

Further, the saide Andrew Hendersoun depones, That, after his returning from Falkland upon the fifth of this instant, maister Iohn Montcrief enquyring of him where he had beene? He answered, That he had beene beyond the bridge of Erne; and sayes, that he gaue that answere to maister Iohn, because my lord commanded him to let no man knowe that he was to ride to Falkland; and that my lords direction to him was to come backe with his brother maister Alexanders answere, and to leave Andrew Ruthwen to await upon the maister. Sic subscribitur,

ANDREW HENDERSOUN, with my hand.

Further, the saide Andrew Hendersoun depones, that, when hee had taken the maisters hand out of the kings maiesties mouth, and was pening the windoe, maister Alexander said to him, Will thou not helpe? wo betyde thee, Sic subscribitur, thow will make vs all die.

ANDREW HENDERSOUN, with my hand.

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72. The Arraignment and Judgment of Captain THOMAS LEE, at the Sessions-house near Newgate, for High Treason: 43 ELIZ. A. D. 1600. [From an authentic MS. lent the Editor.]

*

The INDICTMENT. THAT he plotted and compassed to raise Sedition and Rebellion to the queen's majesty'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 pur'pose 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. Bat 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.

Capt. Lee. Then I am contented; proceed as you will.

My L. C. Justice, at the end of the calling and impannelling, advertised the Jury what Treason was; namely, to intend to lay violent hands upon her majesty, or to take away her life; to raise Rebellion even the intent was Treason, if it could be discovered by any overt

act.

Att. Gen. That he would prove him that stood at the bar, guilty of many foul Treasons. Lee. Nay for all your wit and learning, you shall never do that. I care not what you can

Though the name in the MS. is Crosse, yet I take it to be Crofts, as Camden writes it.

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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 be 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 tell; 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.

Lee here interrupted him, saying: Nay, good Robin Crosse, speak all the truth.

Mr. Attorney willed Lee to give him leave to speak upon his oath.

Lee replied, I would nothing but put him in mind of the circumstance; and said, Good Robin, remember how I began.

Lee lean'd hard upon him, and said, It was one of the wonders of God that I was not in this action with the earl of Essex. Why? said Mr. Poynes. I was so well acquainted, and so much with my lord of Essex, answered he.. Then they paused. And capt. Lee asked, Whether the queen were at supper? Mr. Poynes answered, No.

Att. Mark, all the rest was but to bring in

this.

Mr. Poynes told Lee farther, perhaps he might do good service, if he were so well acquainted with the earl, it was likely he knew somewhat of the Plot. Not I, answered Lee; but you shall hear more villanies and knaveries yet.

Sir Robert said he would. Thus then you spake to me :-I marvel what will become of these matters; a man might do a brave act to set those lords at liberty. Why how? quoth I, Marry sir Walter Rawleigh might get him eternal honour and love more than ever he can otherwise if he would procure her majesty's warrant to free them, which he might compass by undertaking her person. I answered, you may be sure he will not do it. Then Lee replied, If Att. Mark: what meant he by that speech? half a dozen resolute men, such as might have To this capt. Lee could not deny but he access to the presence, would step unto the spake it; but said, how was I there? had I queen, and kneel before her, and never rise till any company? had I any dagger or any thing she had signed a warrant, and then send it by about me, that might shew I meant to do the the Lord Admiral, and never stir till the earls queen any harm? No, I had not, neither did I of Essex and Southampton were brought to the mean any such thing; and for my being at the queen's presence, they might do it. And then Privy-chamber door, I had been there 500 he named sir Henry Nevil, sir Jarvis Clifton, times, and never was noted. And what reason sir George Gifford, sir R. Weston, and them- had I for my lord of Essex, to adventure any selves. I objected, how if some should offer such thing. I have spent my blood in her mato come upon us, and remove us from her majesty's service, and so would again. jesty. He answered, we might keep any body out by shutting the door, and telling them that offered to come in, that if any harm came to the queen, if she should do otherwise than well, be it at their peril; and this was all. To which sir Robert answered, he would sleep upon it.

Lee. But I did persuade you, sir Robert, with protestation, saying, I never meant to be an actor myself, or persuade any other to it. And what a wretch am I, to be thought a villain for that I never meant? For my lord Essex, indeed, I loved and honoured him, so long as I thought him an honest man and a good-subject. I spake these words with an if; if such a thing could be done.

Attorney. Why pressed you to the Privychamber door at such a time, where you were not wont to come?

And then was shewed the Examination of William Poynes, (who was himself in the Fleet) to this purpose: That he saw capt. Lee press towards the Privy-chamber door, and stand very near, and mistrusting the worst, drew towards him. When he came near, he marked his colour, that was pale, his countenance stern, and his face having great drops of sweat standing on it. When he came near to him, capt,

Attorney. You mark, there was love between him and the traitor Essex. And then Mr. Attorney.caused a Letter to be read, which was written in the behalf of Lee to the now deputy by the earl of Essex: "That he knew it was for one in place to do what he would; and farther, What an unreasonable thing it was for any to require that at his friends hands, that were out of time. He desired his lordship to take notice of the bearer capt. Lee, one near allied to him, and that suffered for him; one that did as good service as any, when himself was in Ireland, and one that was as well seated for service as any; thus, whatsoever he did for the bearer, he would acknowledge as for himself: and so he concluded.”

Then likewise was read the Confession of mate with Tir-Oen, and an absolute creature of the earl of Essex's. This did Crofts immediately discover to the Council; insomuch that Lea was sought for, and found in the dusk of the evening about the door of the queen's Privy-chamber. He seemed very thoughtful, was extreme pale, and in a great sweat, and frequently asked, Whether her majesty was ready to go to supper? and, Whether the Council would be there? In this posture he *On the 12th of February, Thomas Lea was seized, and examined, the next day had (a kinsman of sir Henry Lea, who had wore, his Trial, and by Crofts's Evidence and his the honour of the garter) told sir Robert own Confession, condemned, and carried away Crofts, captain of a man of war, that it would to Tyburn; where he owned that he had been be a glorious enterprize for six brave mettled indeed a great offender: but as to this design fellows to go to the queen, and compel her to was very innocent; and having moreover prodischarge E-sex, Southampton, and the rest tested, that he had never entertained the least that were in prison. He was a man himself ill thought against the queen, he was there exeof great assurance and resolution, had com- cuted. And this, as the times were, appeared manded a company in Ireland, was very inti- a very seasonable piece of rigour." Camden.

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