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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
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