ARRAIGNMENT OF MERICK. 363 



And lastly, it was ruled by the judges for law, 

 That if many do conspire to execute treason against 

 the prince in one manner, and some of them do exe 

 cute it in another manner, yet their act, though 

 differing in the manner, is the act of all them that 

 conspire, by reason of the general malice of the in 

 tent. 



Against Sir Gilly Merick, the evidence that was 

 given, charged him chiefly with the matter of the 

 open rebellion, that he was as captain or commander 

 over the house, and took upon him charge to keep 

 it, and make it good as a place of retreat for those 

 which issued into the city, and fortifying and barri 

 cading the same house, and making provision of mus 

 kets, powder, pellets, and other munition and wea 

 pons for the holding and defending of it&amp;gt; and as a 

 busy, forward, and noted actor in that defence and 

 resistance, which was made against the queen s 

 forces brought against it by her majesty s lieu 

 tenant. 



And farther to prove him privy to the plot, it 

 was given in evidence, that some few days before the 

 rebellion, with great heat and violence he had dis 

 placed certain gentlemen lodged in an house fast by 

 Essex-house, and there planted divers of my lord s 

 followers and complices, all such as went forth with 

 him in the action of rebellion. 



That the afternoon before the rebellion, Merick, 

 with a great company of others that afterwards were 

 all in the action, had procured to be played before 

 them the play of deposing king Richard the second. 



