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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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Canopie and Chair of Estate then the Two Chief Judges and the Lord Chief Baron were sent for in to them to deliver their Opinions in Law After half an hour they came all out again and each man took his place which being done the Serjeant at Arms begun at the punie Lord and called Thomas Lord Howard who stood up bare-headed then said the Lord High Steward Lo. Steward My Lord Thomas Howard Whether is Robert Earl of Essex guilty of this Treason whereupon he hath been Indicted as you take it upon your Honour or no Lo. Tho. Howard Whereupon the Lord Thomas Howard made answer bending his Body and laying his Left Hand upon his Right Side said Guilty my Lord of High Treason After which manner all the Peers found him guilty one after another from the Punie to the highest and so delivered in like sort upon their Honours Being called over anew they found Henry Earl of Southampton guilty of High Treason also Serjeant at Arms. Then the Serjeant at Arms commanded the Lieutenant of the Tower to bring his Prisoners to the Barr again Clerk of the Crown Then the Clerk of the Crown speaking first to the Earl of Essex said Robert Earl of Essex you have been Arraigned and Indicted of High Treason you have pleaded Not Guilty and for your Trial you have put your self upon God and your Peers the Peers here who have heard the Evidence and your Answer in your defence have found you Guilty Now what can you say for your self why you should not have Judgment of Death Essex I onely say this That since I have committed that which hath brought me within the compass of the Law I may be counted the Law 's Traitor in offending the Law for which I am willing to die and will as willingly go thereto as ever did any But I beseech your Lordship and the rest of the Lords here to have consideration of what I have formerly spoken and do me the right as to think me a Christian and that I have a Soul to save and that I know it is no time to jest lying and counterfeiting my Soul abhorreth for I am not desperate nor void of Grace now to speak falsely I do not speak to save my life for that I see were vain I owe God a death which shall be welcome how soon soever it pleaseth Her Majestie And to satisfie the Opinion of the World that my Conscience is free from Atheism and Popery howsoever I have been in this Action misled to transgress the Points of the Law in the Course and Defence of private Matters and whatsoever through the weakness of my Wit and dulness of Memory or through violent Courses if there be any violent that seek either life or death or if I have omitted or may have uttered any thing otherwise yet I will live and die in the Faith and true Religion which here I have professed Clerk of the Crown Then the Clerk of the Crown demanded of Henry Earl of Southampton What he could say for himself why Judgment of Death should not be pronounced against him Southampton My Lords I must say for my part as I have said before That since the ignorance of the Law hath made me incur the danger of the Law I humbly submit my self to Her Majesties Mercy and therefore my Lord High Steward and my Lord Admiral I beseech you both that seeing you are Witnesses I am Condemned by the letter of the Law it would please you to let the Queen know that I Crave her Mercy I know I have offended her yet if it please her to be Merciful unto me I may live and by my Service deserve my life I have been brought up under Her Majestie I have spent the best part of my Patrimony in Her Majesties Service with danger of my life as your Lordships know if there were any that could challenge me that I have ever heretofore committed or intended Treason or any other thing prejudicial to Her Majestie or Estate God let me never inherit his Kingdom neither would I desire Mercy but since the Law hath Cast me I do submit my self to death and yet I will not despair on her Majesties Mercy for that I know she is Merciful and if she please to extend it I shall with all humility receive it Lord Steward My Lord of Essex the Queen's Majestie hath bestowed many Favours on your Predecessors and your Self I would wish therefore that you likewise would submit your self to Her Majesties Mercy acknowledging your Offences and reconciling your self inwardly to Her Majestie by laying open all Matters that were intended to prejudice Her Majestie and the Actors thereof and thereby no doubt you shall find Her Majestie Merciful Essex My Lord you have made an honourable Motion do but send to me at the time of my death and you shall see how penitent and humble I will be towards her Majesty both in acknowledging her exceeding Favours to my Ancestors and to my self whereby I doubt not but the penitent suffering of my Death and sprinkling of my Blood will quench the evil conceited Thoughts of Her Majesty against me And I do most humbly desire Her Majesty that my Death may put a period to my Offences committed and be no more remembred by her Highness If I had ever perceived any of my Followers to have harboured an evil thought against her Majesty I would have been the first that should have punished the same in being his Executioner and therefore I beseech you my good Lord mistake me not nor think me so proud that I will not crave her Majesties Mercy for I protest kneeling upon the very knee of my heart I do crave her Majesties Mercy with all humility yet I had rather die than live in Misery Then the Lord High Steward after a few exhortations unto the Earls to prepare themselves for God told them seeing the Law had found them Guilty it followed of course that he must proceed to Judgement The Earl of Essex replied very cheerfully and said yea my Lord with a very good will I pray you go on Then the Lord High Steward gave Judgment as followeth You must go to the place from whence you came and there remain during Her Majesties pleasure from thence to be drawn on a Hurdle through London Streets and so to the place of Execution where you shall be hanged bowelled and quartered your Head and Quarters to be disposed of at Her Majesties pleasure and so God have mercy on your Souls Essex My Lord I am not a whit dismayed to receive this Sentence for I protest Death is as welcome to me as Life and I shall die as chearful a death upon such a testimony as ever did man And I think it fit my poor Quarters that hath done her Majesty true Service in divers parts of the world should be sacrificed and disposed of at her Majesties pleasure whereunto with all willingness of heart I have submitted my self But one thing I beg of you my Lords that have free access to her Majesties person humbly to beseech her Majestie to grant me that during the short time I shall live that I may have the same Preacher to comfort me that hath been with me since my troubles began for as he that hath been long sick is most desirous of the Physician which hath been and is best acquainted with the Constitution of his Body so do I most wish to have the comfort and Spiritual Physick from the Preacher which hath bin and is acquainted with the inward griefs and secret affections of my Soul And my last request shall be only this that it will please her Highness that my Lord Thomas Howard and the Lieutenant of the Tower may be partakers with me in receiving the Sacrament and be a witness of it in token of what I have protested to be true in this life for my Loyalty Religion and peace of Conscience and then whensoever it shall please her Majesty to call me I shall be ready to seal the same with my blood The Lords promised they would move the Queen for his requests Essex I humbly thank your Lordships Then the Serjeant at Arms stood up with the Mace on his shoulder and after Proclamation was made said thus All Peers that were summoned to be here this day may now take their ease and all other Persons attending here this Service may depart in her Majestice Peace for my Lord High Steward is pleased to dissolve this Commission As the Lords were rising the Earl of Essex said My Lord De la Ware and my Lord Morley I beseech your Lordships pardon me for your two Sons that are in trouble for my sake I protest upon my Soul they knew not of any thing that was or should have been done but came to me in the morning and I desired them to stay and they knew not wherefore And so Farewell my Lords His Epitaph There sleeps great Essex Darling of Mankind Fair Honours Lamp foule Envies prey Arts fame Natures pride Vertues Bulwark lure of Mind Wisdoms Flower Valours Tower Fortunes shame England's Sun Belgia's light France's Star Spain's thunder Lisbon's lightning Ireland's cloud the whole Worlds Wonder FINIS
refused to come and having a guilty Conscience and suspecting his Treasons were laid open took consultation to surprise the Court and the Tower of London all at one instant and for his purpose had appointed Blunt the custody of the Gates Sir Jo. Davis of the Hall Sir Charles Danvers of the Presence and himself of Her Majesties Person whereupon Blunt said Ah! in what humors shall we find them in at the Court this was not all for the Earl he must call a Parliament and he would decide matters not making for his purpose but now in Gods most just Judgement he of his Earldom shall be Robert the last that of a Kingdom thought to be Robert the First which my Lord did not any whit amuse himself to give order that if he and his Complices should miscarry in London then the Councellors which he caused to be imprisoned in his House should be slain it was plain Treason in him to stand out being by them charged to dissolve his Company upon his Allegiance what shall I need to stand upon further proofs it is so Evident and my Lord himself will not deny but that he had a Schedule containing in it divers of his Friends names which as I conjecture must needs contain some other matter for he durst not let it come to light but burnt it and as for Owen Salisbury Davis and Tresham they must have the Guard of the Lords of the Council to use them at their pleasure Essex Will your Lordship give us our turns to speak for he playeth the Orator and abuseth your Lordships ears and us with slanders but they are but fashions of Orators in corrupt States considering some Privileges which we might challenge equal answers and equal hearing were indifferent for unless it will please your Lordship that we might answer to every particular we shall soon confound our own memories and give liberty and advantage to our Enemies whereupon to lay hold for lack of precise answer to each particular Objection and seeing now my Lord that you have undertaken the place of a Judge I beseech you as you prove against we for our selves may answer what may fall out to be fit Here the Lord of Essex was interrupted and not allowed to speak until Henry Witherington's Examination was read which imported thus much Witherington's Examination That upon the Sunday Morning he was sent for to Essex-house where he found the place guarded with many Gentlemen in Arms who told his Vncle that came in his Company that he feared they were come into an ill Action my Lord of Essex bade him very welcome and intreated him to go with him for he feared hurt of some private Enemies And when Mr. Withrington perceived the Councel were stayed he feared danger to them for he heard some bid Stab them and others Let us make an end of them we shall have the fewer to deal withal And he proves further that Order was left That if the Earl should miscarry in London then the Lord Keeper and the Lord Chief Justice should be killed and also when the Councel had commanded him upon his Allegiance to dissolve his Forces he answered nothing he likewise saw my Lord of Bedford brought in that Morning and Mr. Witherington fearing he might be drawn on to his destruction prayed him only to follow him for when opportunity served in London they would leave the Troop and that they followed the Earl into London and on a sudden lost him Essex I will not I protest to God speak to save my life for those that prosecute it against me shall do me a good turn to rid me of my misery and themselves out of fear as for Mr. Withrington he does much disparage himself if he saith so for I protest to God upon my Salvation I never heard such words as Kill him Kill him and Mr. Withrington came voluntarily to my House unsent for and in the fore-noon did come into our Company and took to heart as much as we did whatever we went about and these are but Reports for he that is The Witness is now sent into the Country about some imployments but if it had been a Secret Mr. Withrington being privie thereto might have been a good Witness but being so openly spoken as you say a hundred more might have testified it yet none spake it besides And as for locking up the Councel I protest to God it was done in Charity and without disloyalty but intending only to save them lest they should take hurt considering the people abroad in the Streets with a great and sudden out cry said We shall be slain At which time we thought our Enemies had been come to beset the house for my intent was no otherwise than Loyal to Her Majesty and them Earl of Worcest They proved in Court upon their Honors that they heard the words Kill them Kill them but they would not charge my Lord of Essex that they were spoken either hy his privity or command Attorn Gen. Yea my Lord you had three hundred men in Arms in your house why did you not dissolve them being commanded upon your Allegiance from the Queen to do it Essex They hearing rumours of men about my house against them put them into such a fear and extasie that it was not in my power suddenly to dissolve them or to quench their passions and the rather for that Sir Walter Raleigh desired Sir Ferdinando Gorges to leave their Company or else they would be all lost so that they stood amazed and knew not what to do Southampton Mr. Attorney you speak all this as if it were as true as the Gospel Essex Good my Lord let me intreat you to mark the Circumstances word was brought that men were sent for into the Country to take us in our own houses then we conceiving the thirsty appetite of our private enemies took our selves to our Arms and were glad to stand upon our guard for our own defence But as for the Lords of the Council that came to my house we being before advertised that we should be beset thought it the securest way for those of the Council to keep them there not knowing what mischief would ensue Attorn Gen. My Lord your Grace sees that this is without colour or question for my Lord Chief Justice hath proved it plain that they would not dissolve their Company that was up in Arms being charged upon their Allegiance so to do Essex Good my Lord know whether it were in my Lord of Southampton's power or in mine to withhold their purposes so suddenly For not long before Sir Walter Raleigh had sent to my house to have Sir Ferdinando Gorges to come to him to Durham-House and we fearing him to be a private Enemy would not suffer Sir Ferdinando to go thither but returned answer that he would meet him on the water upon equal tearms where Sir Walter Raleigh used the former Speeches to Sir Ferdinando Gorges wishing him to leave our Company or else he