The araignment, examination, confession and iudgement of Arnold Cosbye: vvho wilfully murdered the Lord Burke, neere the towne of Wanswoorth, on the 14. day of this present month of Ianuary and was executed the 17. of the same moneth. 1591

The araignment, examination, confession and iudgement of Arnold Cosbye: vvho wilfully murdered the Lord Burke, neere the towne of Wanswoorth, on the 14. day of this present month of Ianuary and was executed the 17. of the same moneth. 1591

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Title page

The Araignment, Examinatiō, confession & iudgement, of Arnold Cosbye, who wilfullye murdered the Lord Burke, neere the Towne of Wanswoorth, on the 14. day of this present moneth of Ianuary. 1591.

The speech of the right Honorable the Lord Chamberlaine.

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❧ The Araignment, Examination, Confession and Iudgement of Arnold Cosbye:

VVHO WILFVLLY Murdered the Lord Burke, neere the Towne of Wanswoorth, on the 14. day of this present Month of Ianuary and was executed the 27. of the same moneth. 1591.

AT LONDON Printed for Edward White, and are to be solde at the little North doore of Saint Paules Church, at the Signe of the Gunne.

The Araignment, Examinatiō, confession & iudgement, of Arnold Cosbye, who wilfullye murdered the Lord Burke, neere the Towne of Wanswoorth, on the 14. day of this present moneth of Ianuary. 1591.

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VPon the 25. day of Ianuary last past, 1591. Arnold Colbye commonlye called and knowne by the name of Captaine Cosbye, an Irish man borne, being before committed to Newgate for the murdering of the Lord Burke, apparrelled in ayellowe Fustian dublet, and alwse night gowne cast ouer with his handes bound: was brought from thence alongst the Citie of London ouer London bridg into the borrough of Southwarke, within the Countie of Surrey, where the knight marshals men were ready to receiue him▪ and conducted him to the Sessions house on S. Margets hill, wherupon he was immediatlye put into the docket, and had a great paire of [...] boltes put vpon his feete, his handes vnbound and his armes pinnioned: Soone after there [Page] came thether the right honourable the Lord Chamberlayne, the Earle of Wormewood, sir George Carew knight Marshall of England, with Maister Popham the Queens Attourney generall, and other of her Maiesties Iustices for Middlesex and Surrey: who being orderly placed, proclamation was made for the people to be silent, after that a substantiall quest of enquirie was calde and impannelled, who hauing their charge giuen them by her maiesties Attourney generall to enquire if any wilfull murders, rowts or riots &c. were latelie committed in the verdge of the Queens Maiesties housholde: by vertue of which enquirye, they found this matter of wilfull murder.

That doone, the Prisoner was commaunded to hold vp his hand at the barte, and then the Clarke of the peace read the bill of inditement with alowde voice, which contained in effect that the saide Arnold Cosbye contrarye to the peace of our Soueraigne Lady the Queene: vpon the 14. day of Ianuary last past, not hauing the feare of God before his eyes, did forceably set vpon Iohn Lord Burke in the Town of Wanswoorth in a close: and there vpon a diuelishe and most malitious intent did wilfully murder him, then & there giuing him one mortall and deadly wound with a rapier, contayning one inche wide, and 10. inches depe, by meanes of which greeuous and deadly wound, [Page] the said Lord Burke fell downe, and after that the saide Arnold Cosbye with a Dagger price two shillinges, gaue vnto the said Iohn Lord Burke xxj. greeuous & seuerall wounds more: of which said great and deep wound, the aforesaid Lord Burke died within two houres after. Wherupon the prisoner being demaunded if he were guiltye of the murder for which hee was accused? he answered & pleaded to the same not guiltye, and for triall put himselfe to God and the Cuntry: wherupon there was a sufficient Iewrie chosen for his triall, before whom the Prisoner stood to heare what might be aleaged against him, for proofe of the fact which before he had denyed. Then the Court did commaund proclamation to be made for all such to come in & make their appearāce, as could say any thing against the prisoner concerning the fact: otherwise he stood vpon his discharge: whereupon the Queenes Attourney generall first shewed and openly commaunded to be read, the confession & examination of the saide Arnold Cosbye taken the 16. of Ianuarye before maister VVilliam Fleetwood Sargiant at Lawe, and Recorder of the Cittie of London, which saide examination contained, that about a twelue moneth before the said Lord Burke and the prisoner, fell out and fought together at Greenewich, and that afterward they were made freends; neuerthelesse it appeared thereby [Page] by that Cosbye gaue vnto the said Lord Burke sundry very base tearmes & vnsomely woords with other such great abuses, as no noble Gentleman would haue put vp at the handes of so meane a man as Arnold Cosbye was, and the same alway iustified by the partie, who from time to time did discouer them to my Lord, whome the prisoner in his examination aforesaid charged to doo it of malice: and in conclusion euen in the scope and course of his saide examination, it euidētly appeared that he had before wilfully pretended the murder of the saide Lord Burke, and in most shamefull sorte effected it as aforesaid: as Maister Atturney generall did learnedly lay it open. And in the saide confession, the said Cosbye declared, that the Lord Burke and he rode together from the Courte, where the said examinate desired him to crosse the riuer vpon the common way to London, to the ende (as he saide) if it were his chaunce to endanger him, he might the more easily escape by means of his frends, which my L. refused.

After that there was a letter openly shewed and read, sent from Cosbye the night before the Lord Burke died, containing very [...] tearmes, far vnmeet for so meane a man to send to so noble a personage, in which he did threaten a sharpe reuenge to the saide Lord and called him therein by the bare name of Burke, so [Page] that by the saide letter it appeered that he pretended a sharpe reuenge vpon the Lord Burke, and then his own confession aforesaid: proued that the next day following he committed wilfull murder vpon him. Neuertheles for further proof, witnesses were called in to declare what they could saye touching the same, whereupon one Maister Powell of [...]answoorth shewed, that being moued by the Lord Burkes foot man to make search for the saide Lord, by reason he was ridden foorth with Captaine Cosbye to fight: spared neither hedge nor ditche, vntill he came to the place where the L. Burke laye sore wounded ready to giue vp the Ghoste, finding with him at his comming a woman that did comfort him so much as she might, by casting hir freeze safegarde on him, and had laboured to stop the woundes with clothes, such as she might conueniently come by. M. Powell so soon as he came to the L. Burke, being in what greeuous estate he stood, ready to quake and quiuer with the blood which cooled and bled inwardly in his bodye: he first threw his cloke vpon the L. Burke, and then demaunded of him how he came so sore hurte. Whervpon euen in the very agony of death, hauing supped vp two or three dishfulls of new milke, oh said he, Cosbye hath villanously wounded me to death, I neuer striking blow nor giuing thrust, but whilst I was [Page] stooping to vnbuckle one of my spurres, hauing vnbuckled ye other before through his perswasion, saying they would be some trouble vnto me, he most cowardly thrust me in at the top of the shoulder, which ran farre into the body, yet if I had striken but two blowes with him, it would neuer haue greeued me, had he thē manfullye slaine me in fight. Whereupon the said Powell demaunded if his Lordship could go or ride, but seeing hee could doo neither, hee was constrained to put him into a carte, [...] vnder him, which one had before brought into the feelde for Cattell, and so conueyed him to his house, in which his honor dyed, whose house was at Wanswoorth: Maister Powell hauing made an ende of his speeche, Cosbies Swoord was shewed openlye before ye Lords and Iustices, which was all to be smeared with the blood of the Lord Burke, at the least sixteene inches deepe. And the same Maister Powell being demaunded how many wounds he told on the body of the Lord Burke (he being before sworne to what he should speak) answered, that he tolde one and twentye woundes about the fore parte of the bodye of the murdered Lord after hee was dead, but the Lord Chamberlayne affirmed there was foure and twentye at the least, beside the great wound of which he died.

[Page]many of which smaller woundes were in his handes, some in his armes, some in the face, breast & sides, the rest in his thighs and legs, and some so low as to his anckles. Which extreame crueltie shewed a most bloudie mind in the man, and that he neither respected the commandemēt of God, who forbiddeth murther, neither did he regard the displeasure of the queenes most excellent maiestie, by whom he had his maintenance, neither did he respect the towardlinesse of the said Lorde Boorke, nor his owne credit in the Court, where hee was well beloued, but in all cowardize and rigor as appeareth, executed his bloudthirstie and cruell minde as is aforesaid, all which the said Cosby seemed to deny, and to colour his shamefull and vnnaturall act, he woulde haue perswaded the Lordes & Iustices there, that he meant no quarrell nor hurt to the L. Boorke, but said that he perswaded the Lord Boorke being in the fielde to breake the point of his sworde, and then to returne againe to the Court, & there to acknowledge that they had fought, that the Lord Boorke had offended the said Arnold Cosby, and that the Lord Boorkes life lay in Cosbies handes at what time they fought, this should the Lord Boork haue done, as the said Cosbie affirmed, and why? Forsooth, because Cosbie (as he said at the barre) stoode vpon his reputation, and [Page] yet it is doubtfull, whether he euer made my Lord Boorke that offer or not, no man testifying it but him selfe. And if he had offered it yet it had bene a matter of great disgrace vnto the said Lorde to haue perfourmed it: or to any other of his degree to haue stouped so lowe to so meane a man, being in his highest degree and estate, but a captaine by her maiesties commission, preferred to that place by those that were of honourable estimation, and doutlesse such was the courage of that noble man, that before he woulde haue done him selfe, so great a dishonour he would first manfully haue died in the fielde at Cosbies feete, neither is it to bee supposed that the Lorde Boorke did offer that disgrace as Cosby alleaged at the barre, which was that he pulled him by the nose the night before they fought, whereas none can come in and iustly make report thereof, but Cosbie him selfe, yea it is a matter manifest and plaine that the Lord Boorke was a man of courage, that he bore an vndaunted mind, that he was vall [...]ant and a hardy man at armes, he was curteous, milde, and liberall, and had beene sufficiently tried, with better men than euer Cosbye durste to encounter with hande to hand: and therefore as the Lordes said vnto Cosbie, so it seemed to fall out, that it was onely the cowardize of Cosbie and not his [Page] courage that caused him so cruelly to murther so towardly and courteous a Lorde. Whereupon after that Captaine Moston had deliuered to the Lords & Iustices there assembled, the trueth of all that had passed betweene the Lord Boorke and the said Cosby iustifying that the Lorde Boorke neuer gaue him any iust occasion of malice or inwarde grudge: and therewithall hauing besides shewed sandrie pointes of cowardize in the said Cosbie, as well towardes the said Moston as also towards diuerse others, iustified by the honourable on the benche, the Iurie went together and stayed awaye some short space: in which time the right honourable Lorde Chamberlaine vttered vnto the prisoner a speeche of great effect and deepe consideration: which was in maner and effect as foloweth.

The speech of the right Honorable the Lord Chamberlaine.

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COsbie, giue eare what I saie vnto thee, and regard my speech, looke into thy selfe, and behold the iust iudgementes of God vppon thee in this action, first it is most euident, that thou hauing in a most shamefull sort murthered y• noble Gentleman, for whose death thou art here araigned, thou thoughtest to saue thy self by flight: & hauing of thy own as good a hunting nag as anie is within this Towne, thou diddest suspect that he woulde hardly serue thy turne, and therfore thou diddest refuse him. Then thou tookest the Lorde Boorkes gelding, and supposing to ride away vpon him, hee sodainely broke from thee, and would at no hande bee taken by thee, to carrie thee from the place where thou didst commit the murther. Secondly, note how thy owne nag [Page] serued thee, that when thou wert vppon him, thou couldest hardly get him to carrie thee to the wood where thou diddest hide thy selfe. When thou camest into the wood neere Wimbleton, there thou staiedst most parte of all the daie, there thou hadst time, space, and sufficient meanes to haue fled farre inough, and to haue staide there long inough, yet thou hadst not the power to doe it, there thou lingeredst all the daie long, and durst neither passe one waie or other, the fact being committed about eight of ye clock in the morning, thou hadst no power to depart before euening, and then note the iudgements of God vpon thee, whether didst thou flie? Thou hadst no power to passe an [...]e waie, but euen to the place where the man saie whom thou murtheredst, and comming on the backe side of the house, thou sawest my son, but he sawe not thee, and then to hide thy self, thou fledst behind ye house where the dead corpes laie, at which time all the woundes in the Lord Boorkes bodie did bleede afresh, and the better to shadowe thee from the iust iudgementes of God, who compelled thee to come againe to that place wher thou committedst murther, thou didst demand of a b [...]ie which was the waie to London, as though thou knewest not the way to London, being an ordinarie man & fauored in the court, but this was Gods doing to shewe [Page] his wonderous workes vpon thee, and a token that God would not suffer thee to flie, nor thy fact to go vnpunished: yea the very beasts did shunne, & seemed vnwilling to carrie thee from the place where thou committedst the murther, thy best friends fled from thee when thou hadst done it, and for dooing it, they dyd abhorre thee. Thou knowest that thou wast well beloued in the Court, as well of noble men as other, but this thy foule and odious fact, maketh euery one of them to despise thee. Well, now call vpon God and bee sorie for thy offences, for it is some notable and grieuous offence which thou hast in time past committed against God, that causeth the iust iudgementes of God to followe thee euen at thy heeles, and hath neuer lefte thee till thou camest to this place.

This speech ended, the Iewrie came to giue vp their verdit, whereupon the prisoner was set forth to heare the same, but when hee sawe that hee was iustly condemned in the case of wilfull murther, hee saide nothing, nor neuer changed countenance therat, neuertheles before iudgment was pronounced against him, he fearing least he should haue some grieuous death for his horrible offence, he humbly craued the fauour of the Court, that rather than he should be hanged, he desired to be shotte to death with bullets, but the right worshipfull [Page] sir George Carey, knight marshall of England, tolde him that the law would not allow it, but of necessitie ye fact being odious, it must be punished according to the laws of the land. Then hee made another motion, & desired the honorable and worshipful of the bench, that he might not bee executed that present daie, but that he might haue that daies respite, and a Preacher appointed to comfort him to Godward, seeing hee was nowe no man of this world: which they all granted because it was a Christian motion. Thereuppon master Atturney proceeded to iudgement, and first shewed him the odiousnes of the fact & murther committed, the shortnes of his life, & that now he was to looke for nothing but death, and therefore willed him to comfort himself with hope of the ioyes in the life to come, willing him to aske God mercy, for (saith he) God hath promised that no sinne shall be vnpardonable with him, but onely the sinne against the holy Ghost, which he hath sayd shall neuer bee forgiuen. And therefore trust in the mercies of God, for in him now onely resteth your comfort. Wherfore according to the lawe, the court doth award you to goe from this place vnto the Marshalsey, & from thence to be conuaied to Wansworth, to some conuenient place nere about where the fact was committed, & there to be hanged till you be dead, and so the Lord [Page] haue mercie vpon your soule, and afterward to be hanged in chaines, for example sake to al other that shal attempt to do the like. Then the right honorable the Lorde Chamberlaine did in fauour of his first motion grant him his life vntil the wednesdaie morning following, so that he had one day granted more vnto him then he desired. Wherevpon the Court brake vp and departed, and the prisoner accordingly was committed to the Marshalsey.

FINIS.

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LONDON Printed for VVilliam VVright. 1591.

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Title statement

The araignment, examination, confession and iudgement of Arnold Cosbye: vvho wilfully murdered the Lord Burke, neere the towne of Wanswoorth, on the 14. day of this present month of Ianuary and was executed the 17. of the same moneth. 1591

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1591

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2003-09 (EEBO-TCP Phase 1).

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A19385

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STC 5813

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ESTC S116415

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99851632

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99851632

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16918

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— The araignment, examination, confession and iudgement of Arnold Cosbye: vvho wilfully murdered the Lord Burke, neere the towne of Wanswoorth, on the 14. day of this present month of Ianuary and was executed the 17. of the same moneth. 1591, Hunsdon, Henry Carey, Baron, 1526-1596..

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[16] p.

Printed [by E. Allde] for Edward White [for VVilliam VVright], and are to be solde at the little North doore of Saint Paules Church, at the signe of the Gunne,. At London :: [1591]. (Printer's name from STC; additional publisher's name and publication date from colophon.) ("The speech of the right honorable the Lord Chamberlaine", by H. Carey, 1st Baron Hunsdon, has caption title on B2v.) (Running title reads: The cruell murdering of the Lord Boorke.) (Signatures: A-B⁴.) (Reproduction of the original in the British Library.)

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