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75. The Trial of Sir GRIFFIN MARKHAM, knt. Sir EDWARD PARHAM, knt. GEORGE BROOKE, esq. BARTHOLOMEW BROOKESBY, esq. ANTHONY COPLEY, WILLIAM WATSON, Priest; WILLIAM CLARKE, Priest, for High Treason, at Winchester: 1 JAC. I. Nov. 15, A. D. 1603. [From a MS. in the Bodleian Library, Rotulæ in Archivo. A. 3033. 44. 8.]

THE Commissioners were, the earl of Suffolk, Lord-Chamberlain, Charles earl of Devonshire, Henry lord Howard, Robert lord Cecil, Secretary; Edward lord Wotton, Comptroller; John Stanhope, Knight and Chamberlain; LordChief-Justice of England, Lord-Chief-Justice of the Common-Pleas, Justice Gawdy, Justice Walmesley, Justice Warburton, sir William Wade, knight.

On Tuesday the 15th of November, were arraigned at Winchester, George Brooke, esq. sir Griffin Markham, knight, Bartholomew Brookesby, esq. Anthony Copley, gent. Wm. Watson, priest; Wm. Clarke, priest, and sir Edward Parham, knt.

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The Effect of the INDICTMENT.

For consulting with the lord Gray and others, traitorously to surprize the king and young prince at Greenwich, to carry them to the Tower guarded with some, that after the 'slaughter of many of the guards, should put on the guards coats, and so bring them, send

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ing the Lord-Admiral before to signify the 'distress where the king was, and escape be 'made by the guards from Greenwich; and therefore desired to be taken in there for more safety. Which, if they could have ef'fected, the treasures and jewels in the Tower ⚫ should serve the turn for the effecting of their 'further purposes; that some of those of the privy-council, viz. the Lord-Chancellor, treasurer Cecil, Chief-Justice, should be removed and cut off and Mr. Watson should be chancellor, Brooke lord treasurer, and Markham secretary; Gray lord marshal and master of the horse, if the now master of the horse were otherwise preferred; but for the lord-chief-justice no man named. If their project for bringing them to the Tower failed, then to convey the king to Dover, where George Brooke presumed upon his interest with Thomas Vands; but Mr. Attorney jus'tited his assurance of the lord Cobham. In * one of these places they meant to have kept the king for the space of three months, and at their first entrance, they should require three things. 1. A general pardon of all their purposes and intentions against the king and prince. 2. The king should yield to a ⚫ toleration of religion; with an equality of all counsellors and other officers, as well papists as protestants, within his court or otherwise. 3. That he should remove and cut off the fore-mentioned counsellors, and others who

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'should be thought to hinder this designment, for which purpose Watson named Veale, alias Cole, to alledge sufficient matter against them.-And for the better effecting of this their purpose, Watson had devised under writing an oath should be administered for the preservation of the king's person, for the 'advancement of the catholic religion, and for 'the concealing of all secrets that should be ' revealed unto them. That all the actions should be proceeded withal in the king's name, and they meant to send for the lordmayor and aldermen of London, that the king 'would speak with them: whom they meant to keep in safe custody, till they had deliver'ed hostages to them not to withstand their

assignments, and to furnish them with all 'such necessaries as they should require from 'them. Watson was the villainous hatcher of 'these Treasons; and Brooke, upon the learning of them, was as eager a prosecutor; and the lord Gray more eager and violent than he, purposing to make a suit to the king for carrying over a regiment for the relief of Ostend, which he would have ready for the defence of his own person in this action, fearing the greatness of the catholic forces according to the promises of George Brooke, Markhani and Watson, and knowing not how he might be dealt withal amongst them.'

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Mr. George Brooke said little or nothing in his own defence, only he made a ridiculous argument or two in the beginning: viz. that, that only could be the judge, and examiner of any action, which was the rule of the action : but the Common Law was not the rule of the action, ergo, it could not be judge or ruler of the action: and therefore appealed to the person of the king. 2. That the Commissioners or Common Law had no authority over them; because it is a maxim in the law, ejus esse condemnare, cujus est absolvere but the Common Law could not absolve him, being guilty, therefore could not condemn him.

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Mr. Attorney to this would have answered particularly, but was by the Commissioners and Judges willed to reduce himself to his own element.

Lord Henry Howard undertaking to have answered him, my L. C. Justice told him, that the king, by reason of his many causes, had many under him to execute the law of justice; but he kept in his own hands the key of mercy, either to bind or loose the proceedings, as in his own princely wisdom he should think fit.

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Therefore said Mr. Attorney, you, Mr. Brooke, professing yourself to be learned, cannot be ignorant that both your ancestors have been, and you must be liable and subject yourself to the trial of the law of this nation, wherein you were born, and under which you live, & igno rantia juris non excusat. These treasons were termed by the lord Cobham The Bye,' as Mr. George Brooke confessed to Watson and the lord Gray; but, said he, Walter Raleigh and I are chanced at the Main. Whereupon Mr. Attorney gave a touch of the Treasons of the lord Cobham and Raleigh, who had procured from Aremberg five or 600,000 crowns, to be disposed by the lord Cobham, who should therewith raise forces for the extirpation of the King and his Cubbes, and putting both

Scotland and England in combustion; and so upon Cobham's return out of Spain, to meet Raleigh at the isle of Jersey, and so to put on foot both titles, both within and without the land.

Mr. George Brooke, after his first arguments, spake little or nothing for himself, more than his own Confession led him otherwbiles to excuse or qualify his own offence; only he gave cast of a Letter, which, he said, he received from his majesty, wherein he had liberty and authority to deal in the sounding out of these practices; but neither at any time before nor at his Arraignment, could shew the said letter. And the king being by some of the Lords Commissioners questioned withal on that point, requireth his Letter to be produced, and deniech he wrote any such letter.

Sir Griffin Markham answered exceeding well, and truly to all things; denying nothing for his fault of Treason; but that he deserved death upon the persuasion of Watson, by whom he was misled, and assured that the king before his coronation was not an actual, but a political king only he desired to avoid the imputation of effusion of blood in that enterprize, and (if it were possible) the brand of a Traitor for his house and posterity, protesting how careless he was of his own life, which he desired to be exposed to any hazard or sacrifice (though it was never so desperate;) which if the king would not (in mercy) yield him, yet he desired their lordships to be intercessors, that he might die under the axe, and not by the halter.

Watson spake very absurdly and deceivingly, without grace, or utterance, or good deliverance; which (added to his foresaid villainy) made him more odious and contemptible to all the hearers.

Sir John Hawles (Solicitor-General temp. Will. S.) in his reply to sir Bart. Shower's "Magistracy and Government of England vindicated, &c." pag. 32, says, the king came to London in May, and in July following was the pretended plot discovered; and in November following, the pretended delinquents were tried at Winchester, together with Watson and Clarke. Their Accusations were in general, 1. To set the Crown on the lady_Arabella's head, and to seize the king. 2. To have a toleration of Religion. 3. To procure Aid and assistance from foreign princes. 4. To turn out of court such as they disliked, and place themselves in offices. Of these the first Article is Treason; what crimes the rest are, is doubtful. What of them was proved against the lords Cobham and Gray, Watson and Clarke, or how their Trials were managed, doth not appear but sir Walter Raleigh's Trial does appear, and is much like the lord Russel's, and therefore of some circumstances of it, I Clarke, the other Priest (an excellent nimthink, it is fit to take notice. Instead of Con- ble-tongued fellow), of good speech, more sults, &c. in the lord Russel's Trial, the cant honest in the carriage of the business, of an exwords of the surprizing the Bye, and the Main, cellent wit and memory, boldly, and in wellwere made use of in sir Walter's, interpretable beseeming terms, uttering his mind, not unwilas the Council thought fit; at least it was asto-ling to die, but desireth to avoid the imputanishing to the Jury, which was all that was designed by the Council, and fatal to the pri souers. I have no mind to run through all the ramble of sir Walter Raleigh's Trial, as it is printed before his History of the World, because the parallel is too exact, and sticks too close to the memory of persons gone: only I will say, That if sir Walter Raleigh was guilty of the thing he was accused of by the Witnesses, though the accusation did not amount to a legal proof, it was High-Treason; but if the lord Russel was guilty of the thing he was accused of, he was not guilty of High-Treason."-And the same author, says, p. 35, "I think it is plain at this day, that of sir Walter Raleigh's is thought a sham Plot; what the lord Russel's is thought, let the author say, I am loath to enumerate all, but if any person will give himself the trouble of reading and comparing the Trial of the lord Russel with that of sir Walter Raleigh, they will find them exactly parallel in a number of other particulars."

tion of a traitor.

Copley, a man of a whining speech, but a shrewd invention and resolution.

Brookesby drawn in merely by Watson to take the Oath before-mentioned, for some of the particularities, as the bringing the king to the Tower for the advancement of Religion; but spake with nobody to incite them to the business nor came himself according to his time appointed by Watson, the 23rd or 24th of June, but at that instant attended upon the queen.

Sir Edward Parham was also by that villain Watson dealt withal after he had tendered him the oath to this purpose: that he understood the lord Gray meant with forces to set upon the king, and to surprize him, that against that time, whether he would not draw his sword against the lord Gray with the King's servants and friends? And if the king's servants were discomfited, whether with the rest of the Catholics he would not encounter the lord Gray, and if he could bring him to the Tower for his

relief and the advancement of the Catholic religion?

Parham told him, that he would so, if he was persuaded that his intendment of the lord Gray were true, which at that time Watson could not assure him of; for he did but hear of so much but said he, when I have better assurance thereof, which will be within these three days, you shall further hear of me. He staying the time, Watson came not, and so Parham's proceedings went no further but being urged in the point for bringing the king to the Tower, for the advancement of the Catholic religion, he said, he made no doubt, but that be with others, adventuring their lives for the rescuing the king from the lord Gray, and bringing him for his safety to the Tower, this then would not but merit some grace from the king, for the advancement of the Catholic region.

Sir Francis Darcy being Foreman of the Jury, and excellently commended for this day's carriage and behaviour, made two or three doubts concerning sir Edward Parham's Case, and received resolution from the Bench in some points, and the rest left to his conscience and understanding, went with the rest of the Jury, and found all Guilty, saving Parham, and so he was discharged; and upon the rest Sentence of death was pronounced by the Lord-Chief

Justice.

The Copie of a LETTER written from master T. M. neere Salisbury, to Master H. A. at London, concerning the Proceeding at Winchester; where the late lord Cobham, ford Gray, and sir Grittin Markham, all attainted of hie Treason, were ready to be executed, on Friday the 9th of Dec. 1603. At which time his majesties Warrant, all written with his own hand, (whereof the true Copie is here annexed) was deliuered to sir Benjamin Tichbourne, High Sheriffe of Hampshire, commanding him to suspend their execution till further order. Imprinted at London, 1603.

Sir; I haue received a letter from you; by which I perceiue howe much you desire to be particularly enfourmed of the cause and manner of the stay of the late lord Cobham's, lord Graye's, and sir Grittin Markham's Execution, appointed at Winchester; wherein, although there are many better able to discourse at large of such an action then myselfe, yet I conceiue when you have perused this plaine and true relation, of that which all men there behelde that day, and many more since haue heard, from persons of the best qualitie and knowledge, you will thanke me more, for suffering the trueth to shew itself vnclothed, then if I had laboured to haue deliuered you a tale well painted with curious words and fine phrases.You must therefore vnderstand, that as soone as the Arraignments were passed at Winchester, his majesties Priue-counsel (to the number of 14 or 15, of which companie all of them had either beene tryers of the noblemen

VOL. II.

as their peers, or sitten as high Commissioners vpon the gentlemen) were called before his majestie (in his Priue chamber, at Wilton, where he commanded them to deliuer (without respect to any person) the true narration onely; of the order in the Triall of these persons that had beene condemned by the lawe, and of the nature and degree of their offences, as had appeared in euery one of them, by their seueral answeres. All which being cleerely and justly reported by them (each speaking in the hearing of the rest) his majestie for his part, used himself so gravely and reseruedly in all his speeches, as well to themselues at that time, as also to all other persons after, in priuate or publique, as neither any of his priue-counsell, nobilitie, or any that attended neerest to his sacred person, durst presume to mediate for any, or so much as to enquire what should be the conclusion of this proceeding.

In the meane time, while the Court was full of uariety of discourse, some speaking out of probabilitie, others arguing out of desire, what was like to be the fortune of all, or of any of these Offendours, his majestie hauing concluded onely in his own secret heart (which is the true oracle of grace and knowledge) in what manner to proceed; and that without asking counsel of any earthly person it pleased him to resolue betweene God and himselfe, that their exccution should be stayed, euen at the instant when the axe should be layde to the trees rootes. For the secret and orderly carriage whereof, bis majestie was careful to preuent all cause or colour of suspicion, of that judicious, royall, and vnexpected course which followed. And therefore, after the two Priests were executed, on Tuesday the 29th of Nov, and master George Brooke on Monday following, his majestie on the same day, being the 1st of Dec. signed three Warrants, for the execution of the late lord Cobham, lord Gray, and sir Griffin Markham, knt, with particular direction to the Sheriffe, to performe it on Friday after, before ten a clocke in the morning.-All these directions being now become notorious, both by the Writs of Execution (which passed vnder the great seale) and by the making readie the Scaffolds at Winchester, his majestie uery secretly (as now appeareth by the sequele) drewe himselfe into his cabinet, on Wednesday before the day of execution, and there priuately framed a Warrant, written all with his own hand, to the Sheriffe, by vertue whereof he countermaunded all the former directions, alledging the Reasons therein mentioned. Of which seeing no man's pen can so well expresse, as his owne, I send you the Copie verbatim, as I took it out of the originall, which many read in my cousin sir Benjamin Tichbourne's hand.

And now to come to the ordering of this bu sinesse; among many other circunstances, it is uery remarkable, with what discretion and foresight that person was elected, which must be vsed in carriage of the Warrant. First, his majestic resolved it should be a Scottishman;

being thereby like to be freest from particular | sir Griffin Markham, he willed him to tarry dependencie vpon any nobleman, counsellors, there till he returned. or others, their friends or allyes. Next hee resolued, to send a man of no extraordinarie ranke, because the standers-by should not obserue any alteration, nor the delinquents themselves should take any apprehension of such a man's being there at that time: this being his majesties speciall desire, that euery one of them (being seuerally brought vpon the scaffold) might quietly breath foorth their last wordes, and true Confession of his secretest conscience. And so, to be short, his majestie made choice of Mr. John Gibb, a Scottishiman, as aforesaid, a man that had never dealt with any counsellor, or other, for suite or businesse, but one that had, within short while after the king's first entrie, bene sent backe into Scotland, from whence he was but freshly arriued at Wilton, some fewe dayes before.

This party being by the king approoued for an ancient, trustie, and secret seruant, as a groome of his majesties bed-chamber, and a man, as is said before, little knowen, and less bound to any subject in England for any benefit, receiuing the Warrant secretly, on Thursday, from the king's owne hand, and telling his fellowes (who would otherwise haue missed him) that he must lie that night at Salisbury vpon some priuate businesse of his owne, he rode directly to Winchester, and there, keeping himselfe priuate all night, rose earely in the morning on Friday, and went obscurely to the Castle-greene, where the people flocking in all the morning, as the time drewe neere, he put himselfe with the throng, close by the Seatfold, and there leaned till the Sherifle brought up sir Griffin Markham to the place, who was the man appointed first to die.

There the sayd sir Griffin Markham, hauing ended his prayer, and made himselfe readie to kneele downe, Mr. John Gibb finding it fit time, while the axe was preparing, to giue some secret notice of his charge, called to my cousin Tichbourne, the Sheriffe, to speake with him, and then delivered him (priuately) his majesties Warrant, with further directions uerbally, how he should vse it,

Herevpon the Sheriffe, perceiving fully his majesties intention, so warily and discreetly marshalled the matter, as hee onely called sir Griffin Markham vnto him on the Scaffold, and told him, that he must withdraw himselfe into the Hall, to be confronted (before his death) before those two lords, that were to follow him, about some points that did concern his majesties seruice; and so carrying Markham into the Hall, he left him there, and went vo hastily, for the lord Gray, to the Castle, who being likewise brought vp to the Scaffold, and suffered to powre out his prayers to God, at great length, and to make his last Confession, as he would answere it upon his soule, when he was readie to kneele downe, to receiue the stroke of death, Master Sheriffe caused him to stay, and told him that he must goe downe for a while into the Hall, where finding

Last of all, he went for the lord Cobham, who hauing also ended his deuotion to God, and making himselfe ready to receiue the same blow, the Sheriffe finding the time come to publish he king's mercie to the worlde, and to reueale his mysterie, he caused both the lord Gray and sir Griffin Markham to be brought backe to the Scaffold, and there, before them all three that were condemned, and in the hearing of all the company, notified his majesties Warrant, by which he was authorised to stay the Execution. Which strange and vndeserved grace and mercie, proceeding from a prince, so deeply wounded without cause, or colour of cause giuen by himselfe toward them in any thing, but meerely contrary (to both the lords especially) bred in the hearts, as well of the offenders as of the standers-by, such sundry passions, according to the diuers tempers of their minds, as to some that shall receiue those things by report, which others did behold with their eyes, my relation may rather seeme to be a description of some ancient History, expressed in a well-acted comedy, than that it was euer possible for any other man to represent, at one time, in a matter of this consequence, so many liuely figures of justice and mercy in a king, of terror and penitence in offenders, and of so great admiration and applause in all others, as appeared in this action, carried only and wholly by his majesties owne direction.

The lord Cobham (holding his hand to heauen) applauded this incomparable mercie of so gracious a soueraigne, aggrauating his owne fault, by comparing it with the princes clemencie, wishing confusion to all men aliue, that should euer thinke a thought against such a prince, as neither gaue cause of offence, nor tooke reuenge of ingratitude.

The lord Gray, finding in what measure this rare king had rewarded good for euill, and forborne to make him an example of discouragement and terror to all men that hereafter might attempt to break the bonds of loyalty, vpon the passions of any ambition, began to sob and weep for a great while, with most deep contrition, protesting now, that such was his zeale and desire to redeeme his fault by any meanes of satisfaction, as he could easily sacrifice his life, to preuent the losse of one finger of that royall hand, that had dealt so mercifully with him, when he least looked for it.

Sir Griffin Markham (standing like a man astonished) did nothing but admire and pray. The people that were present witnessed, by infinite applause and shouting, the joy and comfort which they took in these wonderfull effects of grace and mercy, from a prince whome God had inspired with so many royall gifts for their conseruation, and would conserue for his owne glorie.

The crie being carried out of the Castlegates into the town, was not onely sounded with acclamation of all sexes, qualities and affection,

but the true report, diuulged since in all partes, Lath bred in the woorst disposed mindes, such remorse of iniquitie, in the best such incouragement to loyalte, and in those that are indifferent such feare to offend, and generally such affection to his majesties person, as perswades the whole world, that Sathan himselfe can neuer so far prevail with any, as to make them lift vp their hearts or hands against a prince, from whom they receiue such true effects of justice and goodness.

To conclude, therefore, I haue now done my best to satisfy your desire, though I feele to my griefe, how short I come to my own wish; because I would haue expressed to the life, if it had been possible, both the matter and the forme of this proceeding; of both which the wisest men, that haue seene and vnderstoode all particular circumstances, are at the ende of their wits, to giue an absolute censure, whether of them both deserue greater recommendation: this being most assured, that there is no record extant, wherein so great wisdome and vnderstandinge, so solid judgement, so perfect a resolution, to giue way to no request, or mediation: so inscrutable a heart, so royall and equal a tempered mercie, after so clear and publike justice, haue euer concurred so demonstratiuely as in this late action, wherein this blessed king hath not proceeded after the manner of men and of kings, Sed cælestis, Judicis, æternique Regis more, whereof he shall be most assured to reape these lasting fruites, of being beioued and feared of all men, obeyed with comfort, and serued with continuall joy and admiration. And so forbearing to hold you any longer at this time, I end. From my house, neere Salisbury, the 15th of Dec. 1603. Your lovin cousin and friend, T. M.

His Majesties WARRANT, written with his own

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upon the point of Execution, aire for thair 'treasonable practices condemaid by the lawe, and adiudgit worthy of the Execution thereof, to the example and terror of otheris; the one of thaim hating filthily practised the ouerthrow of the quhole kingdome, and the other for the surprise of our own personne; yet in regaird that this is the first yeere of our raigne, in this kingdome, and that neuer king was so farre oblisheid to his people as ve haue bene to this, by our entrie heere with so hairtie and generall an applause of all sorts; among quhom all the kinne, friendis, and allies of the saidis condemmid personnis vaire as 'forduart and duetifull as any other our good 'subiects, as also that at the very time of thair arcainement none did more freely and reddily giue thair assent to their conuiction, and to 'deliuer thaim into the handis of iustice, then so many of thair neerest kinsmen and allies (as being peeris) vaiere vpon thair urie; as 'likeuaise in regard that iustice hath in some sort gottin course alreadie, by the execution of the tuo priestis, and George Brooke, that vaire the principall plotteris and intisairs of all the rest, to the embracing of the saiddis 'treasonabill machinations; vee thairfore (being resoluid to mix clemencie with ustice) aire contented, and by these presentis command you, our sheriffe of Hampshire, to superscide the execution of the saidis tuo noblemen, and to take thaim backe to thair prison againe, quhile our further pleasure be knowin. And since vee vill not have our lawis to haue respect to persounis, in spairing the great, and strikking the meaner sort; it is our pleasure, that the like course be also taken with Markham, being sorry from our hairt, that such is, not only the heynous naiure of the saidis condemaid personnis crime, but euen the corrup tion is so great of thair naturall disposition, as 'the care vee haue for the safety and quiet of our state, and good subiectis, vill not permit vs to vse that clemencie tovardis thaim, quhich, in our owin naturall inclination, vee ‹ micht very easily be persuadit vnto.'

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Although it be true, that all vell gouernid and flourishing kingdomes and 'vealthis are established by iustice, and that 'these tuo noblemen by birthe, that aire nou

76. Proceedings in a CONFERENCE at Hampton Court, respecting REFORMATION of the CHURCH:* 1 Jac. a. D. 1604. [Fuller's Church Hist. 673. 2 Neal. 5. 2 Kennett's Compl. Hist. 665.]

A.

AND now, because there was a general ex- nisters to a petition, which they intended seapectation of a parliament, suddenly to suc- sonably to present to the king and parliament. ceed, the Presbyterian party, that they might Mr. Arthur Hildersham, and Mr. Stephen Egernot be surprised, before they had their tacklington, with some others were chosen, and chiefly about them, went about to get hands of the mi

intrusted to manage this important business. This was called The Millenary Petition,* as, Bishop Kennett says, "This Conference One of a thousand, though indeed there were at Hampton-Court was but a blind to introduce but seven hundred and fifty preachers hands set Episcopacy in Scotland, all the Scotch noble- thereunto: but those all collected only out of men then at Court being designed to be pre-five and twenty counties. However, for the sent, and others, both noblemen and ministers, being called up from Scotland to assist at it, by the King's Letter.

*The Petition is inserted at the end of the proceedings at this Conference.

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