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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
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