NOTE 4 C. 



Lord Keeper and Lord Admirall, that sat over against them, then was he per 

 mitted a cushion, yet still was suffered to kneele, till the Queen s Serjeants 

 speech was ended, when by the consent of the lords, he was permitted to stand 

 vp, and after, vpon my lord of Canterburies motion, to have a stoole. 



The manner of proceeding was this. My Lord Keeper first delivered the 

 cause of the assembly, and then willed the Queenes counsaile at law, viz. 

 Sergeant, Attorney, Solicitor, and Master Bacon, to informe against him. The 

 Sergeant began, and his speech was not long, onely a preface as it were to the 

 accusations. The summe of it was, to declare the Queene s princely care and 

 provision for the warres of Ireland, and also her gratious dealing with the earle 

 before he went, in discharging ten thousand pound of his debts, and giving him 

 almost so much more, to buy him horses, and provide himself, and especially 

 in her proceedings in this cause, when, as after so great occasion of offence as 

 the consumption~of a royall army, fruitlesse wasting thirty hundred thousand li. 

 treasure, contempt, and disobedience to her expresse cornmandement, she not 

 withstanding was content to be so mercifull towards him, as not to proceede 

 against him in any of her courts of justice, but only in this priuate sort, by way 

 of mercy and favour. After him the Attorney began, whose speech contained 

 the body and substance of the accusation, it was very sharp and stinging ; for 

 besides the many faults of contempt and disobedience wherewith hee charged 

 him, he did also shrewdly inferre a dangerous disposition and purpose, which 

 was by many rhetoricall amplifications, aggravated to the full ; he divided his 

 speech into three parts, Quomodo ingressus, quomodo progressus, quomodo re- 

 gressus; in the ingresse, hee observed how large a commission he stood upon, 

 such a one as never any man had the like before, namely, that he might haue 

 authorise to pardon all tray tors of himselfe, yea, to pardon treason committed 

 against her maiesties owne person, and that he might mannage the warres by 

 himself, without being tied to the advice of the counsell of Ireland, which clause 

 hee said was granted, that he might at first proceede in the northerne iourney, 

 which the counsell of Ireland (whose lands and livings lay in the south), might 

 perhaps hinder, and labor to divert him, to the safeguard of themselves. In the 

 other two parts of his speech were contained five speciall crimes, wherewith the 

 earle was charged, viz. His making the Earle of Southampton generall of the 

 horse. 2. His going to Leinster and Mounster, when he should have gone to 

 Vlster. 3. His making so many knights. 4. His conference with Tyrone. 

 5. His returne out of Ireland, contrary to her majesties command. These all 

 saving the fourth, were recited by the lords in their censures, as the crimes for 

 which he was censured by them. The first was amplified, for that he did it 

 contrary to her majesties mind, plainely signified unto him in England, that hee 

 increased that offence, by continuing him in that office stil, when her majesty 

 by letters had expressely commanded him to displace him ; and thirdly, for 

 that he wrote a very bold presumptuous letter to her majesty, in excuse of that 

 offence, which letter was afterwards read. The second point of his southerne 

 journy was agravated, in that it was made contrary to her majesties advised 

 resolution, agreed upon by her counsel, and approved by her martial men, as 

 the only means to reduce Ireland, and contrary to the earles own project, yea, 

 and that without the advice of the counsel of Ireland also, as appeared by a 

 letter of theirs under their hands, though now the earle pretended their advice for 

 his own excuse, whereupon followed the harrowing out, and the weakning of 

 the royallest army that ever went out of England, the wasting of that huge 

 expence, and the overthrow of the whole action. The third point, viz. the 

 making of knights, was urged to have beene contrary to her maiesties ex 

 presse cornmandement, a question being once made whether he should have 

 that authentic or no, because he had abused it before ; yet the same being at 

 the last granted, with this limitation given him in charge, that he should make 

 but few, and those men of good ability, whereas he made to the number of 

 threscore, and those some of his meniall servants, yea, and that in a most un 

 seasonable time, when things were at the worst, which should have been done 

 upon victorie and triumph onely. The fourth point, namely, his conference 

 with the rebell, was agravated, in that it was an equal! and secret conference, 



