Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	king_n	sergeant_n	3,954	5	11.1102	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

would be undone and whereas we are charged to have dealt with Papists I assure your Lordship and it is most true that Papists have been hired and suborned to Witness against me as by the means of one Sudall who was a Seminary Priest and sent into Ireland to deal with Sir Christopher Blunt whom he thought to be inward with me to touch my Honour and Reputation Then Bales the Scrivener in the Old Bayly hath confessed under his hand to forge and counterfeit my hand in at least two Letters and these two honest Gentlemen can witness it Attorn Gen. I by my troth this is true but it was by the procurement of one of your own men Essex Thou swearest it but it is not on a Book that man thou sayest I procured to do it his name is John Daniel an arrant Thief one that broke a Standard of mine and stole a Casket of my Wives and many other things It is very probable that I should trust him so far that had before betrayed me is it not But it is well known who set him at work to attempt against me so much as he hath done to procure my hand to be counterfeited and yet this man by your Judgement must be a practiser in such matters by my own consent well Mr. Attorney I thank God you are not my Judge this day you are so uncharitable Attorn Gen. Well my Lord we shall prove you anon what you are which your Pride of Heart and aspiring Mind hath brought you unto Essex Ah! Mr. Attorney lay your hand upon your Heart and pray to God to forgive us both Raleigh That Sir Ferdinando Gorges told me upon the Water that my Lord of Essex had put himself into a strong Guard at Essex-house and this is like to be the bloodiest day's work that ever was wishing him to go to Court with speed for prevention thereof Then Sir Walter wished Sir Ferdinando Gorges to refuse their Company else he would be undone To this Sir Walter was sworn Essex Whatsoever Sir Walter Raleigh hath said differeth altogether from that which Sir Ferdinando told us at Essex-house upon his Return from the Water Attorn Gen. Well my Lord what can you devise to say for Sir John Davis another of your Adherents that Papist for he hath confessed that he is a Papist and a Catholick and drawn in by Sir Christopher Blunt one of your chiefest Councel and that he called for a Seminary Priest upon his convertment to absolve him Essex If Sir John Davis were such a man it cannot be but strange to me to hear it although I cannot search into the Secrets of his Heart to accuse him inwardly yet I have seen him dutifully come to Prayers and to the Service of God in my own House with me and behaved himself very Godlily and of this I can be witness and as for Blunt God is my witness I have been so far from Popery as I have so earnestly dealt with him to reform himself insomuch that he hath told me I have been very passionate But whereas you say we have committed Treason first prove that true Sergeant Yelvert Why my Lord if you deny the raising the Power why should so many men come to your house that day Southampt By your favour Mr. Sergeant Yelverton a word I hope for my coming thither it was not strange news and when I came that same morning to Essex-house I protest I had not above ten or twelve men attending me which was but my usual company therefore far from purposing to raise a Tumult Attorn Gen. Why the reason of that was for that you thought all London would have risen with you but good my Lord I beseech your Grace to hear the Oath of Sir Ferdinando Gorges whose Evidence was read and himself there in person did justifie the same Sir Ferdinando Gorges his Confession He deposeth that in January last the Earl of Essex wrote to him a Letter wherein he complained grievously of his mis-fortunes and the miserable Estate he stood in whereof he purposed shortly to free himself and therefore prayed Sir Ferdinando Gorges to come up to London to him who coming accordingly the Earl told him how mightily he was crosed and discredited by his private enemies which he could not endure for saith he I have 120 Earls Barons and Gentlemen that participate in my discontented humour and will joyn with me and I desire your help and counsel therein One especial Friend I have in the Court whereby I have intelligence from time to time And I hold our selves indifferently affected by the Citizens of London and hope to have a good Party in Wales He confessed also that they had two several Meetings at Drury-house to Consult of these Matters and the Projects were whether it were better first to surprize the Court or to take the Tower of London or to stirr in the City But most agreed first to surprize the Court and then and there Sir John Davis took Pen Ink and Paper and set down That some should keep the Hall some the Court-Gates some the Guard-Chamber and some the Presence-Chamber saying many of the Guard had been the Earl of Essex his Servants and were preferred to the Queen by him and will be more indifferent to deal with than others and so my Lord shall have a way through his own Guards to come to the Privie-Chamber and the Presence of the Queen And Sir Ferdinando Gorges said to the Earl of Essex Alas My Lord what is so small a number of men able to do in so worthy an Action and so dissuaded the Earl from surprizing the Court and rather bade him submit himself to the Queens mercy than proceed any further And that the Earl of Southampton said at Essex-house Is it not three Months since this Plot began and shall we resolve on nothing Then upon a sudden they all agreed first to stir in London where they assured themselves of great favour and after the Council was locked up this Deponent followed the Troops into London and after some advice the Earl of Essex sent him back again with a Token to deliver to the Lord Chief Justice only by colour of which Token he set at Liberty the Lord Keeper and the rest Lastly he confirmed that he told Sir Walter Raleigh first upon the Thames of my Lord of Essex his making his House a Guard and putting his Friends into Arms as it is delivered by Sir Walt. Raleigh Queens Counc They desired that the Examination of Sir Cha. Danvers might be read which being produced was then read to this effect Sir Charles Danvers's Examination He confesseth that before Christmas last the Earl of Essex entred into Consideration how he might secure himself to have access to the Queens Presence without resistance and that the Resolution was agreeable to certain Articles written with the Earl of Essex his own hand and sent to the Earl of Southampton to surprize the Court and that there were divers Consultations