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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
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