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A25875 The arraignment, tryal and condemnation of Robert Earl of Essex and Henry Earl of Southampton, at Westminster the 19th of February, 1600 and in the 43 year of the reign of Queen Elizabeth for rebelliously conspiring and endeavouring the subversion of the government, by confederacy with Tyr-Owen, that popish traytor and his complices ... were the 5th of March ... arraigned, condemned, and executed ... Essex, Robert Devereux, Earl of, 1566-1601. 1679 (1679) Wing A3758; ESTC R18141 22,973 32

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think it the just Judgment of God in his meer Mercy towards our Sovereign to have the Truth so marvellously revealed coming from them of their own Accords without Back or Torture to any of them Essex Mr. Attorney I answer then this for that point the self-same Fear and the self-same Examiner may make these several Examinations agree all in one were they never so far distant but good my Lord let me intreat your Lordship to consider who they be that testifie this against me My Lord they are men within the danger of the Law and such as speak with a Desire to live but I think they have much to answer for between God and their Souls and me I see they charge me with the Surprizing of the Tower but upon what ground do they speak they had only some particular Notes of my Friends names but ever very scornfully dashed at me For when my Friends perswaded me to any course this was my purpose to have come with eight or nine Honourable Persons who had just cause of discontentment though not equal with mine unto her Majesty and so by Petition prostrating our selves at her Majesties feet to have put our selves unto her Mercy and the Effect of our Desires should have been that she would have been pleased to have severed some from her Majesty who by reason of their Potency with her abused her Majesties ears with false Informations and they were Cobham Cecil and Raleigh For we thought my Lord Cobham carried himself in such factious and dangerous Courses as he told her Majesty many Untruths which was a principal Cause as I think of withdrawing her Favour from us And to that intent to remove such from her Highness I confess was the only Desire we had to present our selves in all humility before her Majesty but without any purpose of Hurt to her Highness for I protest before God I do carry a Reverent and Loyal Duty to her Majesty as any man in the World But now my Lord seeing that I have heard the Testimony of Sir Ferdinando Gorges and himself here in Court to testifie it I will say no more but that if it please her Majesty to be merciful unto him I will be glad and pray for it yet whatsoever he hath said let my Life and his Dealing testifie the truth and Sir Ferdinando speak nothing to touch thy self and speak what thou wilt to me for I see thou desirest to live yet speak like a man Lord Admiral I desire for the better satisfaction of my self and fellow-Peers that Gorges might unfold openly what other Secrets have pass'd between him and my Lord of Essex touching the State Essex Ah my Lord Admiral assure your self in faith no Treason but yet I pray thee good Sir Ferdinando speak openly whatsoever thou do'st remember and with all my Heart I desire thee to speak freely Gorges All that I can remember I have delivered in my Examination and further I cannot say Essex Yes Ferdinand If ever you knew any other matter which contained any Thought of Treason or Disloyalty speak it for they are things not to be forgotten Southampton Good Sir Ferdinando satisfie the Court what was intended among all our Conferences and talk of our Enemies and Discontentments and Consultations what was our best Course for our Defence against them Gorges 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 Majesties Person by my Lord of Essex Lord Admiral I desire to know for the better satisfaction of my Conscience whether my Lord of Essex did at any time deliver out any Articles in Writing under his hand therein laying open the Projects of his Purpose for Surprising the Court and Tower Southampton It was a foolish Action I must needs confess the going through the Town and that was suddenly passed over but my Lord's purpose to have men planted at the Court was in regard he feared hindrance by private Enemies that would have stopped his passage to the Queen which I protest he intended to no other end but to prostrate himself at her Majesties feet and submit to her mercy as ye have formerly heard Cobham My Lord of Essex quoth the Lord Cobham standing up let me know I intreat you why you lay such Imputations upon me as you have delivered Essex My Lord I have forgiven all the World and therefore you shall not need to insist upon these Circumstances for I lay not my Cause upon ought that shall do your Lordship any harm for my sake for I protest my heart bears you no Malice but what I spake was freely and in Gods presence hoping her Majesty would have heard us and our Complaints being but true And I do further assure your Lordship that I never spake it out of Fear of Death or Desire of Life Bacon My Lord may it please your Grace whatsoever my Lord of Essex hath here denied in my conceit it seemeth to be small I speak not to any ordinary Jury but to Prudent Grave and Wise Peers And this I must needs say It is evident that you my Lord of Essex had planted a Pretence in your heart against the Government and now under colour of Excuse you must lay the Cause upon particular Enemies You put me in remembrance of one Pisistratus that was come into a City and doting upon the Affections of the Citizens unto him he having a Purpose to procure the Subversion of a Kingdom and wanting Aid for the accomplishing Humour thought it the surest means for the winning of the hearts of the Citizens unto him and so in that Hope entred the City and cut his Body over-thwart to the end they might conjecture he had been in danger and so by this Means held the same Conceit as you and your Complices did entring the City of London perswading your selves if they had undertaken your Cause all would have gone well on your side And now my Lord all you have said or can say in answer to these Matters are but Shadows and therefore methinks it were your best course to Confess and not to Justifie Essex May it please your Lordship I must plead Mr. Bacon for a Witness for when the course of private Persecution was in hand and most assailed me then Mr. Bacon was the man that profered me means to the Queen and drew a Letter in my name and in his Brother Sir Nicholas Bacon's name which Letter he purposed to shew the Queen and Gosnal was the man that brought them unto me wherein I did see Mr. Bacon's hand pleaded as orderly and appointed them out that were my Enemies as directly as might be which Letters I know Mr. Secretary Cecil hath seen and by him it will appear what Conceit he held of me and no otherwise than he here coloureth and pleadeth the Contrary Bacon My Lord I spent more hours to make you a good Subject than upon
any man in the World besides but since you have stirred up this Point my Lord I dare warrant you this Letter will not blush for I did but perform the part of an honest man and ever laboured to have done you good if it might have been and to no other end for what I intended for your good was wished from the Heart without Touch of any man's Honour Essex Well my Lord I do here protest before the Living God that an Honourable Grave and Wise Councellor hath lamented and grieved at the Courses he hath seen taken and therewith hath wished himself often dead and this I speak upon Credible and Honourable Information but I can prove thus much from Sir Cecil's own mouth that he speaking to one of his Fellow-Councellors should say that none in the world but the Infanta of Spain had Right to the Crown of England Here Sir Robert Cecil stepped forth into the Court having kept himself private till then and humbly desired Leave to speak to Essex Sir Rob. Cecil The Difference between you and me is great for I speak in the Person of an honest man and you my Lord in the Person of a Traytor For well I know you have it at Will The Preheminence hath been yours but I have Innocence Truth of Conscience and Honesty to defend me against the Scandal of slanderous Tongues and aspiring Hearts and I protest before God I have loved your Person and justified your Vertues and I appeal to God and the Queen that I told Her Majesty your Afflictions would make you a fit Ser-Servant for her And had not I seen your ambitious Affections inclined to Usurpation I could have gone on my Knees to Her Majesty to have done you good but you have a Sheep's Garment in Show and in Appearance are humble and Religious but God be thanked we know you for indeed your Religion appears by Blunt Davies and Tresham your chiefest Councellors for the present and by promising Liberty of Conscience hereafter I stand for Loyalty which I never lost you stand for Treachery wherewith your Heart is possessed and you charge me with high things wherein I defie you to the uttermost You my good Lords Councellors of State have many Conferences and I do confess I have said the King of Scots is a Competitor and the King of Spain a Competitor and you I have said are a Competitor you would depose the Queen you would be King of England and call a Parliament Ah my Lord were it but your own Case the loss had been the less but you have drawn a number of Noble Persons and Gentlemen of Birth and Quality into your Net of Rebellion and their Bloods will cry Vengeance against you For my part I vow to God I wish my Soul was in Heaven and my Body at rest so this had never been Essex Ah Mr. Secretarie I thank God for my humbling that you in the Ruff of your Bravery came to make your Oration against me here this day Cecil My Lord I humbly thank God that you did not take me for a fit Companion for you and your Humours for if you had you would have drawn me to betray my Sovereign as You have done but I would have you name the Councellour you speak of name him name him name him if you dare if you dare I defie you name him if you dare Essex Here stands an Honourable Person meaning the Earl of Southampton that knows I speak no Fables he heard it as well as I. Cecil Then my Lord of Southampton I adjure you by the Duty you owe to God Loyalty and Allegiance you owe to your Sovereign by all tokens of true Christianity and by the antient Friendship and Acquaintance once between us that you name the Councellour Southamp Mr. Secretary If you will needs have me name the Councellour it was Mr. Comptroller whereupon the Secretary falling down upon his Knees said I thank God for this day and upon his Knee desired the Lord High Steward that a Gentleman of the Privy Chamber or one that might have Access to the Queen might go and humbly intreat Her Highness to command Mr. Comptroller to come before your Grace Here the Lord High Steward calling Mr. Knevet a Gentleman of Her Majesties Privy Chamber said unto him go Mr. Knevet unto Her Majesty and let Her understand Mr Secretaries Demand Cecil Mr. Knevet You shall have free Access unto Her Majesty tell Her that I vow before the God of Heaven that if she refuse to send Mr. Comptroller whereby I may clear my self of these open Scandals I will rather die at her Foot as her Subject and Vassal than live to do her any more Service in this Honourable Degree wherein her Highness employs me And withal let me adjure you Mr. Knevet that you do not acquaint Mr. Comptroller with the Cause why you come for him Mr. Knevet went and not long after returned with Mr. Comptroller to whom the Lord High Steward repeated the Cause why he was sent for and desired him to satisfie the Lords whether Mr. Secretary did use any such Speech in his Hearing or to his knowledge Mr. Comptroller I remember that once in Mr. Secretaries Company there was a Book read that treated of such matters but I did never hear Mr. Secretary use any such words or to that effect whereupon Mr. Secretary thanked God that though the Earl stood there as a Traytor yet he was found an honest man and a faithful Subject withal saying I beseech God to forgive you for this open wrong done unto me as I do openly pronounce I forgive you from the bottom of my Heart Essex And I Mr. Secretary do clearly and freely forgive you with all my Soul because I mean to die in Charity Bacon My Lord you may now perceive that my Lord of Essex went about to procure matter and to give over on the instant Southamp Well I beseech your Lordship let me satisfie your Lordship and the rest thus much that for my own part I did never know the Laws Now to shew the Causes that made me adventure so far as I did The first occasion that made me adventure into these Courses was the Affinity betwixt my Lord of Essex and me I being of his Blood and marrying his Kinswoman so that for his sake I should have hazarded my Life But what I have by my forwardness offended in Act I am altogether ignorant but in Thought I am assured never And if through my Ignorance in the Law I have offended yet I humbly submit my self to Her Majesty and from the bottom of my Heart do beg Her Gracious Pardon if it please Her and I hope that neither your Lordship nor any of the Peers will hold any of the former Resolutions spoken of by these Orators for any Certainty which depends no otherwise than one upon another For if any foolish Speeches have passed I protest as I shall be saved that they were never purposed by me nor understood to
about it and the Points were these First to take the Tower for it would command London then to surprize the Court and after the Court being taken and possessed to have assembled the rest of their Friends and to have presented themselves to the Queen and that being done and the Guard secured Sir Christopher Blunt should keep the outward Gates of the Court Sir John Davis the Hall and Water-gate Sir Charles Danvers this Deponent should keep the Presence and Guard-Chamber and seize upon the Halberts and Pentioners Battle-Axes The Intent was to surprize the Captain of the Guard at the Court or at his own House and some others and then to surprize the City of London And that the Earl of Essex resolved these things being accomplished immediately to have called a Parliament to reform Disorders and private Grievances That this Deponent utterly disliked of these Courses and after the Alarm was given at Court he perswaded the Earl rather to flee into Wales or other parts beyond the Seas for his security and avoiding the imminent danger he was fallen into than to trust to the City And lastly he protested for his own part what he had done in the business was meerly for the Love he bore to the Earl of Southampton and not for any Malice or private Discontent otherwise When this was read Mr. Attorney General produced the Examination of Sir John Davis which contained in effect as followeth Sir John Davis's Examination He saith that the Earl's Purpose was to possess himself of the Court and to take the Tower of London and that they had several Meetings of Consultation together with the Earl of Southampton Sir Ferdinando Gorges Jo. Littleton Sir Christopher Blunt Sir Charles Danvers and this Deponent And these Matters he confesseth the Earl of Essex set down all with his own Hand viz. Sir Christopher Blunt to keep the outward Gate of the Court hismelf this Deponent the Hall and Water-gate and Sir Charles Danvers the Presence and Guard-Chamber then my Lord of Essex and his Forces would have come by Land and so have possessed the presence of the Queen The question was asked the Earl of Essex as this Deponent saith how he would deal with Offenders and such as resisted him after he should be possessed of these things He resolved them by way of Answer that he meant to admit them all to an Honourable Tryal There is another Examination of Sir Christopher Blunt's I pray let that be read Sir Christopher Blunt's Examination He saith that four or five days before the Insurrection in London the Earl of Essex set down divers Articles with his own Hand with Petitions to the Earl of Southampton Sir Charles Danvers Sir John Davis Sir Ferdinando Gorges Jo. Littleton and this Deponent which were to the Effect before remembred and further this Deponent remembreth that the Earl of Essex his purpose was after these things should be overpassed and settled to alter the State of Government And further this Deponent confesseth himself to be reconciled to the Pope and moreover saith that the Earl of Essex said he looked not that any should be troubled for Religion and Liberty of Conscience that he received Letters from the Earl of Essex the twentieth of January to come to London whereupon he came The Earl of Rutland's Examination He saith that being in London with the Earl of Essex he heard him crie out in the Streets England is bought and sold to the Spaniard and confesseth when they had been possessed of London their Purpose was to have taken the Lord Keeper with them to the Court with the Earl of Essex his Company and that the Earl of Southampton and Sir John Davies were in special Confederacy and trust with the Earl of Essex in these Causes Lastly That the Earl of Essex said he was sure of Sheriff Smith and this Deponent specially noted the Earl of Southampton was very much discontented Lord Cromwel's Examination He saith he never heard of the matter till the same Sunday-morning when the Earl of Essex coming through Fleet-street where this Deponent lay and being sent for by a man of my Lord's he came into the Street to him where my Lord and divers of his followers took him by the hand and bade him welcome praying him to go along with him and the Earl of Essex cry'd It is for the good of the Queen and of you all my Masters First he went to the Mayor's House and then to Sheriff Smith's House and being in Gracious street and hearing of the Proclamation the Earl of Essex said Where is the Sheriff let him bring Muskets and Pistols for I am credibly informed out of Ireland that the Kingdom of England is sold to the Spaniard and so upon the Proclamation the Deponent left him and his Company Lord Sands his Examination He saith he was sent for on Sunday-morning the same day by the Earl of Essex and coming to Essex-house he found then but a few there but in a short time after came the Earl of Southampton with the rest This Deponent agreeth in divers other Circumstances with former Examinations He confesseth he went with the Earl into London and came back with him to Ludgate and there being repulsed he heard my Lord of Essex cry Charge Charge and call for his Horse and he saith that Sheriff Smith was as far in the Matter as the best of them Mr. Attorney Here Mr. Attorney urged that there was a Combination and one Pashell affirmed the burning of a black Purse by the Earl of Essex which my Lord confesseth but saith that there was nothing in it but a Key of an Iron-Chest which he took out and burnt a Paper in the same Purse which did not contain above five or six Lines of secret Matter and for that he would not have so much as their Names drawn into question which were altogether ignorant of these Occurrents did throw the Purse and Paper into the fire And al●o Pashell confesseth further that when the Earl of Essex came out of London to his House he told them that he was belov'd in the City Lord Mounteagle's Examination He saith He had no fore-knowledge of these Matters but confesseth he followed the Earl of Essex down Fleet-street intending to go to the Mayor and so to his House in Seething-Lane And this Deponent being with the Earl of Essex in Gracious Street confesseth he did hear the Earl when the Lord Burleigh came with the Herald of Arms command some of his Followers to bid the Herald stay for he would not hear him abuse the Queens Name He saith also he went back with the Earl to Ludgate and they were repulsed Mr. Attorney Now my Lord I beseech your Grace and you my Lords that be the Peers let the due Consideration of these several Examinations and Depositions enter into your Hearts and do but note they have all agreed and jumped together in each particular point notwithstanding they were all severally examined but I must needs
be so purposed by me to the Hurt of Her Majesties Person Essex I beseech your Lordship to understand me and assure your self that what I now speak is not with any Desire I protest to spare one Drop of my Blood and because some Honourable Persons are interessed in the Cause I would under favour signifie because the Point hath been so much urged by Mr. Attorney that at our Being in London when we were past Pauls word was brought me that the Chain was drawn at Ludgate and that my Lord of Cumberland was there which when I heard I was right glad for if there had been Cause I would have been glad to have put my self into so Honourable a Persons Hands as his but it was a false Report for my Lord was not then come thither After which I went to Sheriff Smith's House and after my coming thither I sent the Sheriff and Mr. Alderman Wats to my Lord Mayor desiring him to come to us if he would not to send four of his Aldermen to see if we demeaned our selves Loyally with Intent to put our selves into their Hands to use us as they would or to put us into any Prison yet in regard of our private Enemies and the Fear of their Treachery we desired them to shut their Gates and this was the end for which we went into the City Attorn My Lord if you had no other Purpose why did you go into Gracious-street and Fanchurch-street crying out all the way you went England is bought and sold to the Spaniard Southamp Mr. Attorn I protest as I hope to have mercy in Heaven I never heard my Lord speak any such Word neither did I hear of the Proclamation you speak of made by my Lord Burleigh and the Herauld at Arms neither did I see them and I deny my Soul and Conscience bearing me Witness that I ever knew of any Intent and Meaning or did ever mean or intend any Treason Rebellion or other Action against my Sovereign or the State but only what I did was to assist my Lord of Essex in his private Quarrel and fore Mr. Attorney you have urged the matter very far and you wrong me therein my Blood be upon your head As for my Lord of Rutl. whereas he inferreth against me to be a persuader and inviter of my Lord of Essex to these Actions he wrongeth me exceedingly for he was never the man that saw me once discontented and therefore had small ground or reason so to say And you Mr. Attorney whereas you charge me for a Papist I protest most unfeignedly I was never conversant with any of that sort I only knew one White a Priest that went up and down the Town yet did I never Converse with him in all my life Essex My Lord and you that be our Peers I beseech you give me hearing thus far not that I will speak it for the safeguard of my life but with this my desire I charge the Souls of all them that be our Censurers or Triars because out of a Form and Custom of speaking these Orators would make them more odious that come to the Barr that I may not be thought to have done this upon revenge for within these few dayes I purposed to have received the Communion to be a testimony that I was far from bearing of Malice to any not so much as to my private Enemies But the falling out between the Earl of Southampton and the Lord Gray happening on a Sunday hindered my Intent for so soon as I knew of it I found my affections to stirr on it exceedingly yet I have since that time laboured and by my Prayers to God earnestly desired that I might be armed with Patience to endure all afflictions And here I protest before the ever-living God as he may have Mercy on me That my Conscience is clear from any Disloyalty Thought or Harm to Her Majestie and my Desire ever hath been to be free from bloodshed as Mr. Dove can witness But if in all my Thoughts and Purposes I did not ever desire the good Estate of my Soveraign and Country as to my own Soul I beseech the Lord then shew some Mark upon me and my Soul in this place for a just Vengeance of my Untruths to all the World And God which knoweth the Secrets of all Hearts knoweth that I never sought the Crown of England nor ever wished to be a higher degree than a Subject I greatly endeavoured to have brought my Conscience to Peace onely by seeking to secure my Access to the Presence of the Queen that I might speedily have unfoulded my Griefs unto Her Majestie against my private Enemies but not to have shed one drop of their blood And this my Lord I speak to the end I might put off all imputation of being an Hypocrite or an Atheist for I was never Papist neither did I ever favour any Sectary as my Lord of Canterbury knoweth and can testifie for my Religion it is sound and as I live I mean to die in it Bacon Well my Lord may it please your Grace you may see how weakly he hath shadowed his purpose and how slenderly he hath answered the Objections against him But my Lord doubting that too much variety of Matter may minister occasion of forgetfulness I will onely trouble your Lordships remembrance with this onely Point rightly comparing this Rebellion of my Lord of Essex to the Duke of Guises that came upon the Barricadoes at Paris in his Dublet and Hose attended upon with 8 men but his Confidence in the City was such even as my Lord 's was but when he had delivered himself so far and that the shallowness of his own Conceit could not accomplish what he expected the King for his defence taking Arms against him he was glad to yield himself thinking to colour his pretents turned his practices and alledged the occasion thereof to be a private Quarrel Essex My Lord I must confess it was my fault to stand out and to maintain my House with defence and resisting but I will not deny but that my Lord of Southampton and Sir Charles Danvers did persuade me to Parley with my Lord General which I hope your Lordship will remember I did yield upon some indifferent Terms and Conditions Which were first That I might have an Honourable Tryal Secondly That I might deliver my Griefs my self to the Queen Thirdly That I might go in safety Fourthly That I might have my Minister with me And lastly which I chiefly begg of Her Majestie That she would be pleased to redeem some that were with me in the House and guiltless for Knowledg Intent or Action of what was by me purposed All which I thought good to remember and so humbly submit the same to Her Majesties gratious Pleasure Serjeant at Arms. Then Proclamation was made Lieutenant of the Tower withdraw your Prisoners from the Barr. They being removed the Lords and Peers went together into a private place made of purpose behind the