lords, and said, he could not dispend 1,2007. a year, although it was bruited he could dispend many thousands. He also made mention he was in debt. Then was he conveyed away from the bar in the same manner he was brought thither, and brought by water to the Old Swan, for that he could not shoot the bridge, and all the guard and others attending him in wherries; and from the Old Swan he was conveyed in a coach into the Tower, as he was brought from the Tower to Westminster that morning. He also secmed in his speeches to refer all things to God, who, as he said, best knew the secret of this cause. Again and very zealously he wished and hoped that all things should be by him made manifest; and in all his protestations and speeches referred him and his to God alone. same twenty times; and said, Here is a man | Chamberlain, said, he excepted his lordship, for that knoweth the same, meaning and pointing that he sat Commissioner for her majesty, otherat Mr. Crooke, standing next him on his right wise he was as true a subject as any in England hand: which thing Mr. Crooke voluntarily and whosoever; and herewith clapped his hand without asking disavowed; and said he knew upon the bar mightily. And as he was departno such thing. Then said sir John, Mr. Lieu-ing from the bar, he returned again towards the tenant well knoweth it, and will confess the same.- -My Lord Chamberlain said, he should have his Petition herein granted: And that they, the Justices and Commissioners, had authority to grant the same without moving her majesty therein.-The third Petition was, That if he should suffer death, that then their lordships would be humble suitors to her majesty, that seeing he was a gentleman born, and that he had been advanced to place and calling by her majesty, and served her majesty in place of honour, he might die a gentleman's death, and be spared from drawing through the streets, and the rest of the Judgment; and said, he was a gentleman of ancient descent, and but a gentleman. The fourth Petition was, That they would move her majesty to be good and gracious to his son, meaning sir Tho. Perrot, and that they would put her majesty in remembrance of her gracious promise made unto sir Philip Sidney and sir Tho. Perrot, that her majesty would be good to them; especially that her majesty would be good to that virtuous and gracious lady my lady Dorothy and then said, that he never received any penny of her marriage, nor ever assured her any jointure, for which he was now very sorry; and said, that something moved him so to do, which now grieved him very sore.--He also said, that he had made estates of his lands, a dozen, sixteen, and twenty years past; for that he had children by divers venters, and that he would have his lands to remain in his name, and now he had but one son, the other having died in her majesty's service. He said, Peradventure holes may be now found in the same; therefore lie again requested that their lordships would move her majesty to be good to his son and his wife, and as he heard to a little son which they had, and which hereafter may do her majesty service. He also oftentimes protested with great protestation that he never meant evil, and wished confusion to him and his posterity if he were guilty of Treason. And if he were, he utterly renounced the merits and mercy of his Saviour Jesus Christ. And then speaking to my Lord Then the Lords and Commissioners sitting a little space after sir John's departure, and until he took barge, an O-Yes was made, and the Commission of Oyer and Terminer was determined by Proclamation made in these words following: All manner of persons of England and Ireland, that had any thing to do before my Lords the queen's majesty's Justices of Oyer and Terminer in this present cause, may depart hence in God's peace, and the queen's majesty's, and keep their day again upon a new summons, for my lords the queen's justices do determine their commission; and then they all cried, God save the queen! Amen. Then my lords arose, and it was at the stroke of ten of the clock at night. Afterwards the queen began to be appeased towards him, and was often heard to applaud that Rescript of Theodosius, Honorius, and Arcadius: If any person speak ill of the emperor through a foolish rashness and inadvertency, it is to be despised; if out of madness, it deserves pity; if from malice and aversion, it calls for mercy. But while he thus had hopes of his life, he fell sick, and died in the Tower in September following; but the queen granted his desire, in suffering his estate to go to his son, who had married the earl of Essex's sister. 70. The Trial of ROBERT Earl of ESSEX, and HENRY Earl of SOUTHAMPTON, before the Lords, at Westminster, for High Treason: 43 ELIZ. Feb. 19, A SPACIOUS Court was made in Westminster-hall, where the Lord Treasurer Buckhurst sat as High Steward of England, under a canopy of state; where sat also about the table, the earls, barons, and judges of the land, according to their degrees. The Judges were these; the L. C. J. Popham, and the L. C. J. Anderson. A.D. 1600. The L. C. B. sir Wm. Periam. Justices Gawdie, Fenner, Walincsley, Warburton, Kingsmill, and Mr. Baron Clarke. These sat all in the Court next the bar, before the High Steward, seven Serjeants 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 majesty's gentlemen ushers with his white rod in his hand on the other side. The Clerk of the Crown and his assistant sat before him, to read the common Indictments and Examinations. The Captain of the Guard (sir Walter Raleigh) and forty of the queen's Guard were there to attend the service. Then the Serjeant 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 certify the same. Another Proclamation was made by a Serjeant 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 bar, the gentleman porter with the ax standing before them, with the ax's edge from them; and so the Lieutenant delivered his Precept into the Court. The two earls (which were prisoners) kissed one another's hands, and embraced each other. Another Proclamation was made, That the Serjeant at Arms to the queen's 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, Wm. earl of Derby, Edw. earl of Worcester, George earl of Cumberland, Robert earl of Sussex, Edw. earl of Hertford, Henry earl of Lincoln, Charles earl of Nottingham, Tho. viscount Bindon, Tho. lord De la Ware, Edward lord Morley, Henry lord Cobham, Henry lord Stafford, Tho. lord Grey, Tho. lord Lumley, Henry lord Windsor, Win. lord Chandois, Robert lord Rich, Tho. lord Darcy, George lord Hunsdon, Oliver lord St. John of Bletso, Tho. lord Burleigh, Wm. lord Compton, Tho. 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 8's time, of my lord Darcy. Whereupon the earl bad them go on. When the lord Grey was called, the earl of Essex laughed upon the earl of Southampton, and jogged him by his sleeve. Then they were called to hold up their hands at the bar, 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 Trials they put themselves upon God and their peers. They spake this severally. Then my Lord High Steward in a few words gave the peers a Charge, requiring them to have a due regard of their consciences. Then Serjeant Yelverton opened the Evidence, shewed the effect of the Indictment, held it in his hand, and said as followeth : May it please your grace (speaking to the High Steward), about the 8th of Feb. last, my lord of Essex (there Prisoner at the bar) went about with armed men very rebelliously to disinherit the queen of her crown and dignity; which when it came to her majesty's ear, she of her abounding mercy sent to see if it were possible to stop Rebellion and who did she send? She sent (my lord) no worse persons than my Lord Keeper, my L. C. Justice of England, the earl of Worcester, and sir Wm. Knowles; all which went in her majesty's 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 Counsellors by her majesty so sent, and altogether refused her majesty's authority: and divers of their Confederates cryed out, Kill them, kill them! thereby putting her majesty's council in fear of their lives; and withal, 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 purpose, 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 was in hopes to have had the help of the citizens, her majesty's most loval 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 were confirmed in the opinion of all the world, when he withstood divers of her majesty's subjects standing in her highness's 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, it 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 Catiline to the city of Rome, and consequently England is in no less danger; for as Catiline entertained the most seditious persons about all Rome to join 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 man's own conceit, and an aspiring mind to wished honour, is like the crocodile, which is ever growing as long as he liveth. Your lordships know 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 Trials without Confession, when their intended Treasons are in all men's judgments palpable. For my part, my lord, I can conjecture nothing hereby; and it will not easily out of my own conceit, but that there is some further matter in it than as to you 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 majesty's most royal person, whom I pray God long to preserve from the hands of her enemies. Amen, cryed the earl of Essex and the earl of Southampton, and God confound their souls that ever wished otherwise to her sacred person. Attorney General, (sir Ed. Coke.) 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 that raiseth power and strength in a settled government, the law will not suffer it, but it is construed as in cases 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 Tre son: he that doth levy forces to take any town in the prince's dominions, it is so likewise. But my lord of Essex hath levied power to take the Tower of London, and to surprize the queen's own Court; then this must needs be higher than the highest; and he that doth for tify himself against the prince's 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. 1st, I will open the Quality of your Rebellion; 2dly, the Manner of it; 3dly, 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 grace's 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 majesty's favour, should have trembled once to think of such a Rebellion as they have enterprized. Doth not my lord of Essex now enjoy his Earldom of Essex by the gift of Henry 8th to his father? Was not he made Master of her majesty's Horse at 22 years of age? one of her majesty's Council? to be earl marshal of England? general of her majesty's forces in Ireland? And lastly, hath he not received divers gifts and sums of money, to his own use, of her majesty's gracious and princely bounty, to the value of 30,000. 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 majesty's sacred person, against whom their attempts have been, only for the undertaking of God's Cause, and exercising of Justice with admirable mercy; and though I cannot speak without reverent commendations of her majesty's most honourable justice, yet I think her overmuch clemency to some, turneth to over-much cruelty for herself: for though the rebellious attempts were so exceedingly heinous, yet out of her princely Mercy, no man was racked, tortured, or pressed to speak any thing farther, 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 man's capacity: for they being severally examined, notwithstanding, all agree 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 should be killed, and also when the Council 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. suspecting his Treasons were laid open, took consultation to surprize the Court and the Tower of London, all at one instant: and for this purpose, had appointed Blunt the custody of the gates, sir Jo. Davis of the Hall, sir Charles Davers of the Presence, and himself of her majesty's person. Whereupon Blunt said, Ah! what humour 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 God's most just judgment, he of his earldom shall be Robert the last, that of the kingdom thought to be Robert the first. And my lord did not any whit amuse himself to give order, that if he and his Complices should miscarry in London, then the Counsellors 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 lordships 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 lordships 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, you have undertaken the place of a Judge, I beseech you, as you prove against us, we for ourselves 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 uncle that came in his company, that he feared they were come into an ill action; any lord of Essex bad them very welcome, and intreated him to go with him, for he feared hurt of some private enemies. And when Mr. Witherington perceived the council 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 L. C. Justice Esser. 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. Witherington, 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. Witherington came voluntarily to my house, unsent for, and in the forenoon 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 employments. But if it had been a secret, Mr. Witherington being privy therete, 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 council, I protest to God it was done in charity, and without disloy alty, but intending only to save them, lest they should take hurt; considering the people abroad in the streets, with a great and sudden outcry, 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. The Lord Keeper, the earl of Worcester and the L. C. Justice Popham, proved in court upon their honours, that they heard the words Kill them, kill them;' but they would not charge my lord of Essex that they were spoken either by his privity or command. The DECLARATION of the Lord Keeper, the "Upon Sunday, being the 8th of Feb. last past, about ten of the clock in the forenoon, the Lord Keeper of the Great Seal, the earl of Worcester, sir Wm. Knollis Comptroller of her majesty's Houshold, and the L. C. Justice of England, being commanded by direction from the queen's majesty, did repair to the late earl of Essex's house and finding the gate shut against them, after a little stay they were let in at the wicket. And as soon as they were within the gate, the wicket was shut upon them, and all their servants kept out.-At ther coming thither, they found the court full of men assembled together in a very tumultuous sort : the earls of Essex, Rutland and Southampton, and the lord Sandys; master Parker, com monly called lord Mounteagle, sir Christ. Blunt, sir Charles Davers, and many other knights and gentlemen, and other persons unknown, which flocked together about the Lord Keeper, Essex to speak with them privately, thinking still that his meaning had been so, until the earl brought them into his back chamber, and there gave order to have the farther door of that chamber shut fast. And at his going forth out of that chamber, the Lord Keeper pressing again to have spoken with the Earl of Essex, the earl said, 'My lords, be patient a while, and stay here, and I will go into London, and take order with the mayor and sheriff's for the city, and will be here again within this half hour. And so departed from the Lord Keeper, &c. leaving the Lord Keeper, &c. and divers of the gentlemen Pensioners in that chamber, guarded by sir John Davis, Francis, Tresham, and Owen Salisbury, with musketshot, where they continued until sir Ferdinando Gorges came and delivered them, about four of the clock in the afternoon.-In the mean time we did often require sir John Davis,and Francis Tresham, to suffer us to depart, or at the least, to suffer some one of us to go to the queen's majesty to inform her where and in what sort, we were kept. But they answered, That my lord (meaning the earl of Essex) had commanded that we should not depart before his return, which (they said) would be very shortly. ThoMAS EGERTON. C. S. EDWARD WORCESTER. JoIN POPHAM.' All which the Lord Chief Justice Popham &c. And thereupon the Lord Keeper told the Att. Gen. Yea, my lord, you had 300 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 extasy, 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. Esser. 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 ourselves 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. Att. Gen. My lord, your grace sees that this is without colour or question: for ny L. C. Justice had proved it plain, that they would not dissolve their company that was up in arms, being charged upon their allegiance so to do. Esser. 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 bad |