'those numbers, was not to be thought on, because that was not sufficient; and therefore advised them to think ' of something else. Then they would needs resolve to attempt the Court, and withal desired mine opinion. But I prayed them first to set down the manner how they thought it might be done. Then Sir John Davis took ink and paper, and began to assign to divers principal men their several places; some to keep the gate, 'some to be in the hall, some to be in the presence, some in the lobby, some in the guard-chamber, others to come in with my Lord himself, who should have the passage given him to the privy-chamber, where he was to have presented himself to her Majesty *. Having proceeded thus far, I was asked what I thought of it; my answer was, I utterly disliked that course, for besides the 'horror of it wherewith I found myself afflicted, I saw

facts demonstrate that the depositions were garbled by Bacon after the trial for the purpose of his publication. The question naturally occurs, what could be the object of this?-that it was not done for the purpose of abbreviation is obvious from the nature of the omissions, which consist often of a single word or sentence, always affecting the sense, but not materially increasing the length of the deposition, while in the same deposition numerous pleonasms and repetitions are left untouched. On duly examining the instances in which these omissions occur, the reader will find a distinct and definite State object for every one of them. Thus in Gorge's deposition, after stating that the "projects at Drury-house were whether they should stir in London first, or surprise the Court and Tower at the same instant," the original goes on to state that "the most resolved to attempt the Court and Tower;" can any man doubt that these latter words were omitted by Bacon because they contradicted the story published by the government, not only to the people of England, by the preachers and other means, but to all the world by the despatches of the foreign ambassadors, namely, that the insurrection in the City was planned and determined on in the consultations at Drury-house? So also in the passage which immediately follows the words "they thought," and "began to," must have been struck out because they seemed to denote, not a settled design, but merely a vague proposal. In all the depositions, we have marked the passages in italics in which this circumstance occurs.

*The latter part of this Examination is altogether omitted in Bacon's Declaration,

66

an impossibility for that means to accomplish it; the means they did urge to be sufficient, for as they seemed 'to assure themselves the greatest resistance that was likely to be made was by the guard; and of many of 'them there was no doubt to be had, for they had been my Lord's servants. Notwithstanding I would not condescend to that course; whereupon my Lord of • Southampton in a kind of passion, demanded this, ""shall we resolve upon nothing then? It is three months or more since we first undertook this;"—my reply was, It was more than I knew." I was de'manded what I could then advise that my Lord should do? 66 If there be a necessity, I answered, that he must do something, let him stir his friends in the City, of whom you say he is so well assured." was so evil liked of, that we brake up, and resolved of nothing, but referred all to my Lord of Essex himself. After this I never saw my Lord, nor heard any thing from him, until Saturday night, when he resolved the next day to put in practice the moving of his friends in the City upon the occasion aforesaid; ' and of my opinion was Mr. Littleton.'

This

Essex. I desire to have Sir Ferdinando Gorge face to face.

Whereupon he was sent for, and there he delivered his statement, viva voce, as aforesaid, adding further, "that he advised the Earl, at his return out of the City to his house, to go and submit himself to her Majesty.”

Essex. Good Sir Ferdinando, I pray thee speak openly whatsoever thou dost remember; with all my heart I desire thee to speak freely; I see thou desirest to live," and if it please her Majesty to be merciful unto you, I shall be glad and will pray for it; yet I pray thee, speak

like a man.

Sir F. Gorge. All that I can remember I have delivered in my Examination, and further I cannot say.

Essex. Sir Ferdinando, I wish you might speak any thing that might do yourself good; but remember your reputation, and that you are a gentleman; I pray you answer me, did you advise me to leave my enterprize? Sir F. Gorge. My Lord, I think I did.

Essex. Nay, it is no time to answer now upon think→

ing; these are not things to be forgotten; did you indeed so counsel me?

Sir F. Gorge. I did.

Essex. My Lords, look upon Sir Ferdinando*, and see if he looks like himself. All the world shall see, by my death and his life, whose testimony is the truest.

Southampton. Good Sir Ferdinando, satisfy the Court what was intended amongst all our conferences and consultations.

Sir F. Gorge. Some delivered their minds one way, some another; but by the oath I have taken, I did never know or hear any thought or purpose of hurt or disloyalty intended to her Majesty's person.

Then Sir F. Gorge withdrew .

Southampton. I protest I bear all loyalty in my heart towards her Majesty; and in that I have offended her, I am heartily sorry, and do in all humbleness crave her pardon. But as touching the consultation at Druryhouse, many things indeed were propounded, but nothing performed or even resolved upon, all being left in the end to the Earl of Essex himself. It was advised both to surprise the Court and take the Tower at once; yet neither of these two were done; how can this be made treason? It is true we did consult at Drury-house about the securing of my Lord of Essex's free access to her Majesty out of imprisonment, and that for no other end but to prostrate ourselves at her Majesty's feet, humbly submitting ourselves to her mercy, and laying forth our grievances to herself, whereof we thought she had not so true information of others. And I confess that I could

* Camden says, that Essex "bestowed upon Gorge several smart and severe reflections, and endeavoured to invalidate the credit of his evidence by the paleness and discomposure of his looks."

+ Sir Ferdinando Gorge was accused, after Essex's death, of treachery to the Earl, first, in having left him the City, and gone himself to liberate the Lord Keeper and others confined in Essex-house; and secondly, with having given evidence against him on his trial. He vindicates himself from these charges in a spirited and well-written defence, dated from the Gatehouse, on the 14th of June, 1601. It is to be found among the Cotton MSS., Julius E. vi. 343.

have been well content to have adventured my life in my Lord of Essex's quarrel against his private enemies. This was the whole scope and drift of all our meetings, and that this was not with any treasonable thought, for my own part, I take God to witness. My Lords, I desire the opinions of the Judges, whether a thing consulted upon and not executed, and another executed, not spoken of, nor known, be treason; for we talked of going to the Court; the Tower also was spoken of, but both rejected; and we went forth into London, a matter not spoken of at all; and this you will have to be treason. For my own part, I knew nothing of my Lord's intent to go into London in the morning when I came to Essex-house; I had no arms, but my sword which I usually wear; and I was accompanied by only ten of my servants, and they were footmen and lacqueys. When I was in London, I heard nothing the Proclamation, for I was not near by the length of a street. Let my Lord Burleigh speak, if he saw me in London. I never drew my sword all the day.

Attorney-General. My Lord, you say you had no other weapon with you but your sword; it hath been confessed that you had a pistol when you were in the City.

Southampton. Mr. Attorney, it is the uncivilest thing in the world to interrupt a man who is speaking for his life. But touching a pistol, I carried none out with me; but being in the street, I saw one having a pistol, and I desired it of him and had it, but it had no flint, nor could it hurt a flea. At my return to Essex-house, I did there what I could to hinder the shooting, and to that end sent Captain White about the House to stay them. From this kind of behaviour can be gathered no thoughts of treason. I beseech you, therefore, my Lords, not to judge of me according to the strict letter of the law, but as in your own consciences you are persuaded of me. If in this business I was too far carried away with the love I bore to my Lord of Essex, I confess I have offended; but that which I have before rehearsed was the whole end and scope of all my purposes.

Attorney-General. My Lord of Southampton, is this no treason, to force the Queen in her own house, to set guards at her gates, in her chamber, and in all parts of

the house, to the end that having her in your power you might do what you listed?

Southampton. Good Mr. Attorney, let me ask you what, in your conscience, you think we would have done to her Majesty if we had gained the Court?

Attorney-General. I protest upon my soul, and in my conscience, I do believe she should not have lived long after she had been in your power. Note but the precedents of former ages: how long lived King Richard the Second after he was surprised in the same manner? The pretence there also was to remove certain Councillors; but it shortly after cost the King his life. Such is the unquenchable thirst of ambition, never satisfied so long as any greatness is unachieved. But I know this for certain, that to surprise the Court or take the Tower by way of defence from private enemies, is plain treason.

Southampton. The taking of the Tower was rejected as ridiculous to be thought on; neither was the surprising of the Court meant but for a quiet access to her Majesty.

Then the Judges being thereto required by the Peers, delivered their several opinions concerning the question before propounded by the Earl of Southampton, and after argued it severally; and they agreed to the following resolutions*:—

First, they resolved that the Earl of Essex, in going with a troop of persons from Essex-house into the City, and there calling upon the citizens to aid him in defending his life, and forcing himself into the Queen's presence, with power sufficient to remove certain of his enemies in attendance upon the Queen, was guilty of high treason, inasmuch as the action threatened force and restraint to the person of the Queen.

Secondly, they resolved that the Earl's proceedings in the City of London amounted to actual rebellion, though he might intend no corporal harm to the Queen's person.

Thirdly, they resolved that the adherence of the Earl of Southampton to the Earl of Essex in the City, although he might be ignorant of any other purpose than to re

*These Resolutions are taken from Moor's Reports, p. 621. VOL. I. 2 G