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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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The Arraignment TRYAL AND CONDEMNATION OF Robert Earl of Essex AND HENRY Earl of SOVTHAMPTON 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 of whom these following viz. Sir Christopher Blunt Sir Charles Danvers Sir Gillie Merrick and Henry Cuffe Were the 5th of March following by a special Commission of Oyer and Terminer Arraigned Condemned and Executed The PEERS had to their Assistance the Learned JUDGES Counsel for the Queen Sir Henry Yelverton the Queens Serjeant Sir Edward Cook the Queens Attorney General afterwards Lord Chief Justice of England Mr. Bacon afterwards Lord Chancellor London Printed for Tho. Basset at the George in Fleet-street Sam. Heyrick at Grayes-Inn-Gate in Holborn and Matth. Gillyflower in Westminster-Hall 1679. THE Arraignment AND TRYALL OF Robert Earl of Essex AND HENRY Earl of SOVTHAMPTON At Westminster the 19th of February 1600. and in the 43 year of the Reign of Queen Elizabeth A Spacious Court was made in Westminster-Hall where the Lord Treasurer Buckhurst sate as High Steward of England under a Canopy of State where sate also about the Table the Earls Barons and Judges of the Land according to their degrees The Judges were these The Lord Chief Justice Popham and the Lord Chief Justice Anderson The Lord Chief Baron Justice Gawdie Justice Fenner Justice Walmesley Justice Warberton Justice Kingsmill Mr. Baron Clarke These sate all in the Court next the Barr before the High Steward Seven Sergeants at Arms came in with Maces before the High Steward and laid them down before him in the Court The King at Arms stood on the one side of the High Steward by his Chair of Estate and one of Her Majesties Gentlemen-Ushers with his White Rod in his hand on the other side The Clerk of the Crown and his Assistant sate before him to read the Common Indictments and Examinations The Captain of the Guard Sir Walter Rawleigh and Forty of the Queens Guard were there to attend the Service Then the Sergeant at Arms made three O Yes and Proclamation That the Lord High Steward of England commanded Silence and to hear the Commission read upon pain of Imprisonment Then the Clerk of the Crown read the Commission whereunto the Earl of Essex was very attentive Another Proclamation was made That the Lord High Steward of England commanded all Justices to whom any Writs had been directed for this Service to bring them in and certifie the same Another Proclamation was made by a Sergeant at Arms That the Lieutenant of the Tower of London should return his Precept and bring forth his Prisoners Robert Earl of Essex and Henry Earl of Southampton Then the Lord High Constable of the Tower the Lieutenant of the Tower and the Gentleman Porter who carried the Ax before the Prisoners came first in and the Prisoners followed and made their appearance at the Barr the Gentleman Porter with the Ax standing before them with the Axes edge from them and so the Lieutenant delivered his Precept into the Court. The two Earls which were Prisoners kissed one anothers hands and embraced each other Another Proclamation was made That the Sergeant at Arms to the Queens Majesty do return his Precept of the Names of all the Peers of Robert Earl of Essex and Henry Earl of Southampton the which he delivered into the Court accordingly Another Proclamation was made That all Earls Viscounts and Barons of the Realm of England which were Peers of Robert Earl of Essex and Henry Earl of Southampton and summoned to appear this day do make answer to their Names upon pain and peril that will fall thereon Then the Lords were called and answered and appeared as followeth Edward Earl of Oxford Gilbert Earl of Shrewsbury William Earl of Derby Edward Earl of Worcester George Earl of Cumberland Robert Earl of Sussex Edward Earl of Hartford Henry Earl of Lincoln Charles Earl of Nottingham Thomas Viscount Bindon Thomas Lord De la Ware Edward Lord Morley Henry Lord Cobham Henry Lord Stafford Thomas Lord Gray Thomas Lord Lumbley Henry Lord Windsor William Lord Shandois Robert Lord Rich. Thomas Lord Darcy George Lord Hunsdon Oliver Lord St. Johns of Bletso Thomas Lord Burleigh William Lord Compton Thomas Lord Howard Baron of Walden Then the Earl of Essex desired to know of my Lord Chief Justice whether he might Challenge any of the Peers or No whereunto the Lord Chief Justice answered No And Mr. Attorney General alledged a Case in Henry the Eighths time of my Lord Darcy whereupon the Earl bade them go on When the Lord Gray was called the Earl of Essex laughed upon the Earl of Southampton and jogged him upon his sleeve Then they were called to hold up their Hands at the Barr which they did And then the Clerk of the Crown read the Indictments That being done they were bid to hold up their hands again which they did and another Indictment was read whereunto the Earl of Essex was attentive After which the Clerk of the Crown asked them whether they were Guilty or Not Guilty they pleaded Not Guilty and for their Tryals they put themselves upon God and their Peers They spake this severally Then my Lord High Steward in a few words gave the the Peers a Charge requiring them to have a due regard of their Consciences Sergeant Yelverton's Speech First he began to open the Evidence and shewed the effect of the Indictment and held it in his hand and said as followeth May it please your Grace speaking to the High Steward about the eighth of February last my Lord of Essex there Prisoner at the Barr went about with Armed men very rebelliously to dis-inherit the Queen of her Crown and Dignity which when it came to Her Majesties Ear She of Her abounding mercy sent to see if it were possible to stop the Rebellion and who did She send She sent my Lord no worse persons than my Lord Keeper my Lord Chief Justice of England the Earl of Worcester and Sir William Knowles all which went in Her Majesties name and commanded the Earls and their Adherents very strictly to dissolve their Assemblies and to lay down their Arms but he knowing it very treacherously imprisoned the said Lords and Councellors by her Majesty so sent and altogether refused Her Majesties Authority and divers of their Confederates cry'd out Kill them Kill them thereby putting Her Majesties Council in fear of their Lives and withall left them with Sir Jo. Davis to keep safe lest they themselves should miscarry in the City but my Lord I must tell you this by the way that my Lord of Essex can no way excuse nor shadow this his Rebellious Purposes nor turn his Actions to any other intent for the sending of Temple his Secretary into London the night before manifesteth his determination without scruple or question for by that means he
was in hopes to have had the help of the Citizens Her Majesties most Loyal and Loving Subjects and he used not only his best endeavours to strengthen himself abroad but also fortified his House at home with strong Defence and Ammunition all which were tokens of his inclinations to a sudden and unexpected Rebellion and well confirmed in the opinion of all the World when he withstood divers of Her Majesties Subjects standing in Her Highness right and defence of her Peace against him and his Confederates Good my Lord I beseech your Grace and you my Lords that are the Peers to understand That if any man do but intend the Death of the King it is death by the Law for he is the head of the Commonwealth and all his Subjects as Members ought to obey and stand with him But as for this Rebellion being duly considered contains in it many branches of Treason which are and will be directly proved which being found to be so my Lords who are their Peers are to find them guilty hereof need to be made no doubt for it is more manifest than the Sedition of Cateline to the City of Rome and consequently England is in no less danger for as Cateline entertained the most seditious persons about all Rome to joyn with him in his Conspiracy so the Earl of Essex had none but Papists Recusants and Atheists for his Adjutors and Abettors in their Capital Rebellion against the whole Estate of England My Lord I much wonder that his heart could forget all the Princely Advancements given him by her Majesty and be so suddenly beflinted as to turn them all to Rebellious ends but it seems this overweighing a Mans own Conceit and an aspiring mind to wished Honour is like the Crocodile which is ever growing as long as he liveth your Lordships knows in what sort they went into the City with Armour and Weapons and how they returned to Essex-house again as you my Lord Admiral and my Lord of Cumberland with others of their honourable Peers do know which makes me wonder they do not blush to be so forward to stand upon their Tryals without Confession when their intended Treasons are in all mens judgements palpable For my part my Lord I can conjecture nothing hereby and it will not easily out of my conceit but that there is some further matter in it than as yet appears but my hope is that God of his mercy that hath revealed their Treasons will not suffer the rest of his or any others to the hurt of the State or prejudice to her Majesties most Royal Person whom I pray God long to preserve from the hands of her Enemies Amen cry'd the Earl of Essex and the Earl of Southampton and God confound their Souls that ever wished otherwise to her Sacred Person Attorney Gen. May it please your Grace the Lords Chief Judges which are the Fathers of the Law do know that the thought of Treason to the Prince by the Law is Death and he that is guilty of Rebellion is guilty of an Intent by the Laws of the Land to seek the destruction of the Prince and so adjudged Treason and I will prove this unto your Lordships by two several Cases First he raiseth Power and Strength in a settled Government the Law will not suffer it but it is construed as in case of High Treason he that doth usurp upon it the Law doth intend that he hath purposed the destruction of the Prince he that doth assemble Power if the King doth Command him upon his Allegiance to dissolve his Company and he continue it without any question it is High Treason He that doth levy Forces to take any Town in the Princes Dominions it is so likewise but my Lord of Essex hath levied Power to take the Tower of London and to surprise the Queens own Court then this must needs be higher than the highest and he that doth fortifie himself against the Princes Power must needs be within the compass of Treason and by your favour my Lord of Essex I will now speak a word unto you for I know you can speak as well as any man That whereas you say the Law of Nature compelled you to do this which in Judgment you have though most treacherously attempted I will in a word disprove your own judgment admitting you must make that freely your Argument First I will open the Quality of your Rebellion Secondly the Manner of it Thirdly I will touch the Circumstances and lastly I will observe the Person The Quality hath High Treason for which I think I shall not need to say any more For the manner of it I hold it an unnatural Act for a natural Subject to commit Treason against his natural Sovereign and methinks it cannot be by any probability denied but that this High Treason is and must be both against the Law of God Nature and Reason and under your Graces Favour my Lord the manner of it being of so high a Nature as it is must needs be High Treason which was not only carried in their Hearts but for a continual Remembrance kept in a black Purse which my Lord of Essex wore on his Breast next to his Skin Let me note unto you my good Lord that they being both born under the Government of this Princess and so highly advanced by Her Majesties Favour should have trembled once to think of such Rebellion as they have Enterprised Doth not my Lord of Essex now enjoy his Earldome of Essex by the Gift of Henry the Eighth to his Father Was not he made Master of Her Majesties Horse at twenty two years of Age One of Her Majesties Council to be Earl Marshal of England General of Her Majesties Forces in Ireland and lastly hath he not received divers Gifts and Summs of Money to his own use of Her Majesties Gracious and Princely Bounty to the Value of thirty thousand Pound yet all these were as cleverly forgotten as if they had never been Now shall I shew you the Person whom this concerns even Her Majesties Sacred Person against whom their Attempts have been only for the Undertaking of Gods Cause and exercising of Justice with admirable Mercy and though I cannot speak without reverent Commendations of Her Majesties most Honourable Justice yet I think her overmuch Clemency to some turneth to overmuch Cruelty for her self for though the Rebellious Attempts were so exceeding hainous yet out of her Princely Mercy no man was Racked Tortured or pressed to speak any thing further than of their own Accord and willing minds for discharge of their Consciences they uttered and then to see the Mercy of God that will have the Truth known it is admirable beyond the Conceit of Mans Capacity For they being severally examined notwithstanding all agreed directly without varying But when Her Majesty sent a Counsellor of State to have the Earl come before Her when she heard of his Rebellion for no other End or Purpose but for his Admonishment he
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