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
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
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
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
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 alâ—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