Justice said, (meaning the eart Essex) had commanded that in his case, justice had been done, and that we should not depart before his return, the party
imprisoned
for And hereupon which (they said) would very shortly.
Complete Collection of State Trials for Treason - v01
19, 1600.
A SPACIOUS Court was made Westmin The C. B. sir Wm. Periam. Justices Gaw ster-hall, where the Lord Treasurer Buckhurst die, Fenner, Walmesley, Warburton, Kings— sat High Steward England, under cano mill, and Mr. Baron Clarke.
state; where sat also about the table, the earls, barons, and judges the land, according
their degrees. The Judges were these; the Popham, and Anderson.
These sat the Court next the bar, be fore the High Steward, seven Serjeants Arms
came with maces before the High Steward, and laid them down before him the Court.
the Tower,
was brought from the Tower that morning. He also secmed refer things God, who, said, best knew the secret this cause. Again and very zealously wished and hoped
that things should him made manifest; and protestations and speeches refer red him and his to God alone.
Then the Lords and Commissioners sitting
little space after John's departure, and until he tol barge, O-Yes was made, and the
Commission Oyer and Terminer was deter
Westminster his speeches
mined Proclamation made
following: All manner persons
and Ireland, that had any thing
Lords the queen's majesty's Justices Oyer and Terminer this present cause, may depart hence God's peace, and the queen's majesty's, and keep their day again upon new summons,
save the queen Amen. Then my lords arose, and was the stroke of ten of the clock at
night.
Afterwards the queen began appeased
towards him, and was often heard applaud that Rescript Theodosius, Honorius, and
Arcadius: “If any person speak the em
peror through
tency,
deserves pity; calls for mercy. ”
and inadver despised; out madness,
foolish
September following; but the queen granted his desire, suffering his estate his son, who had married the earl of Essex's sister.
Essex, and HENRY Earl
. . .
these words England
before my
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The king at Arms stood on the one side of the called, the earl Essex laughed upon the earl
1335]
STATE TRIALS, 43 Eliz. 1600. -Earls of Esser and Southampton, [1536
High Steward by chair estate, and one
her majesty's gentlemen ushers with his white
rod his hand on the other side. The Clerk
of the Crown and his assistant sat before him, Clerk of the Crown read the Indictinents. to read the common Indictments and Exami That being done, they were bid hold up
nations. The Captain the Guard (Sir Wal their hands again, which they did, and another ter Raleigh) and forty the queen's Guard Indictment was read, whereunto the earl were there to attend the service. Then the Essex was attentive. After which, the Clerk Serjeant Arms made three O-yes! and Pro the Crown asked them, whether they were clamation, That the Lord High Steward Eng Guilty, not Guilty: they pleaded not Guilty: land commanded silence, and hear the Com and for their Trials they put themselves upon mission read, upon pain imprisonment. Then God and their peers. They spake this sever the Clerk the Crown read the Commission, ally. Then my Lord High Steward few whereunto the earl Essex was very attentive. words gave the peers Charge, requiring them Another Proclamation was made, That the Lord have due regard their consciences.
High Steward England commanded Jus Then Serjeant Yelverton opened the Evi tices whom any writs had been directed for dence, shewed the effect the Indictment,
this service, bring them in, and certify the
same. Serjeant
held his hand, and said followeth
May please your grace (speaking the High Steward), about the 8th Feb. last, my lord Essex (there Prisoner the bar) went
Another Proclamation was made Arms, That the Lieutenant the London should return his Precept,
Tower
and bring forth his prisoners, Robert earl Essex, and Henry earl Southampton.
about with armed men very rebelliously dis-, inherit the queen her crown and dignity; which when came her majesty's ear, she
ampton, and summoned appear this day, make answer their names, upon pain and peril that will fall thereon.
Then the Lords were called, and answered
and appeared followeth: Edward earl Ox
ford, Gilbert earl Shrewsbury, Wm. earl Derby, Edw. earl Worcester, George earl
the
the way, that my lord Essex can way ex
cuse nor shadow this his rebellious purpose, nor turn his actions to, any other intent: for
the sending Temple his Secretary into Lon
don the night before, manifesteth his deter mination, without scruple question; for
hopes have had the
that means was
Cumberland, Robert earl Sussex, Edw. earl help the ocitizens, her majesty's most loyal
Hertford, Henry earl Lincoln, Charles earl
Nottingham. Tho. visco ont Bindon, Tho. lord best endeavours strengthen himself abroad,
s}e Ware, Edward lord Morley, Henry lord
Cobham, Henry lord Stafford, Tho. lord Grey,
Tho. lord Lumley, Henry lord Windsor, Wm.
lord Chandois, Robert lord Rich, Tho. lord
HDarcy, George lord IIunsdon, Oliver lord St. opinion the world, when he withstood John Bletso, Tho. lord Burleigh, Wm. lord divers her majesty's subjects standing her Compton, Tho. lord Howard, baron
Then the earl Essex desired my lord chief justice, whether
lord chief justice answered, No and Mr. At man do but the king,
torney General alledged Case Henry 8's death the law: for the head the time, my lord Darcy. Whereupon the earl Commonwealth, and his subjects mem
bad them on, hen the lord Grey was bers ought obey and stand with him. But
Southampton, and jogged him his sleeve.
Then they were cated hold their hands the bar, which they did. And then the
Then the Lord High Constable the Tower,
the Lieutenant the Tower, and the gentleman
porter, who carried the before the prison possible stop Rebellion: and who did she ers, came first and the prisoners followed send She sent (my lord) worse persons and made their appearance the bar, the gen than my Lord Keeper, my Justice tleman porter with the standing before them, England, the earl Worcester, and sir. Wm. with the ax's edge from them; and the Lieu Knowles; which went her majesty's tenant delivered his Precept into the Court. name, and commanded the earls and their ad The two earls (which were prisoners) kissed herents very strictly dissolve their Assem one another's hands, and embraced each other. blies, and lay down their Arms. But Another Proclamation was made, That the knowing very treacherously imprisoned the Serjeant Arms the queen's majesty re said Lords and Counsellors her majesty turn his Precept the Names the peers sent, and altogether, refused her majesty's au
Robert earl Essex, and Henry earl thority: and divers their Confederates cryed Southampton, the which delivered into the out, Kill them, kill them thereby putting her Court accordingly. Another Proclamation was majesty's council fear their lives; and made, That all earls, viscounts, and barons, withal, left them with Jo. Davis keep the realin England, which were peers Ro safe, lest they themselves should miscarry
bert earl Essex, and Henry earl South city. But, my lord, must tell you this
her abounding mercy sent see were
and loving subjects! and used not only his
but also fortified his house home with strong defence and ammunition; all which were tokens of his inclinations sudden and un
expected Rebellion, and were confirmed the
Walden. highness's right, and defence her peace,
know of against him and confederates. Good my might chal lord, beseech your grace, and you my lords lenge any the Peers no; whereunto the that are the peers, understand, That any
to
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1337] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1338
-
Cases.
strength
not suffer
First, that raiseth settled government,
but construed
power and law will
cases
*
whom pray God long preserve from the lastly, hath not received divers gifts and
as this Rebellion, being duly considered,
contains
are and will
tify himself against the prince's power, must
many branches Treason, which directly proved: which being so, my lords, wilo are their peers,
needs within the compass your favour, my lord
Treason. And Essex, will now know you can speak well any man; that whereas }.
shall not need say any more. For the her Manner hold unnatural act for
natural subject commit Treason against his
you my Lord Admiral, and my lord Cum hearts, but, for continual remembrance, kept.
berland, with others their honourable peers black purse, which my lord Essex wore know; which makes me wonder they not on his breast next his skin. Let me note
blush forward stand upon their unto you, my good lord, that they being both Trials without Confession, when their intended born under the government this princess, and Treasons are men's judgments palpable. highly advanced her majesty's favour,
my part, my lord, conjecture nothing should have trembled once think of such For can
hereby; and will not easily out my own Rebellion they have enterprized. Doth not conceit, but that there some further matter my lord Essex now enjoy his Earldom
found
are find them Guilty. Hereof need be
speak word unto you, for
made doubt, for more manifest than
the sedition Catiline the city Rome,
and consequently England less danger;
for as Catiline entertained the most seditious your own judgment, admitting you must make persons about Rome join with him his that freely your argument. 1st, will open the Conspiracy, the earl Essex had none but Quality your Rebellion; 2dly, the Manner Papists, Recusants, and Atheists for his adju it; 3dly, will touch the circumstances; tors and abettors their capital Rebellion and, lastly, will observe the Person. The against the whole estate England. My lord, Quality hath High Treason; for which think
much wonder that his heart could forget the princely advancements given him
majesty, and
hands her enemies. Amen, cryed the earl Essex and the earl Southampton, and God confound their souls that ever wished
otherwise her sacred person. - Attorney General, (sir Ed. Coke. ) May
sums money, his own use, her majesty's gracious and princely bounty, the value 30,000! . Yet these were cleverly for gotten, they had never been—Now shall
shew you the Person whom this concerns, even her majesty's sacred person, against whom
Please your grace, the Lords Chief Judges,
which are the fathers the law, know that their attempts have been, only for the under
the thought Treason the prince, the law death; and that guilty Rebel
taking God's Cause, and exercising Jus tice with admirable mercy; and though can
not speak without reverent commendations her majesty's most honourable justice, yet
lion, guilty
intent (by the laws seek the destruction
the land)
prince, and
prove this unto your lordships
the
will think her overinuch clemency some, turneth
adjudged Treason; and
two several
over-much cruelty for herself: for though the rebellious attempts were exceedingly heinous, yet out her princely Mercy, man was racked, tortured, pressed speak any
High Treason; that doth usurp upon the thing farther, than their own accord, and
law doth intend that hath purposed the de willing minds, for discharge their consciences
struction power,
the prince; that doth assemble they uttered; and then, see the mercy
the king doth command him upon God that will have the truth known, admi
allegiance dissolve his company, and con rable beyond . the conceit man's capacity
without any question High Trea for they being severally examined, notwith son: that doth levy forces take any town standing, agree directly, without varying.
the prince's dominions, likewise. But when her majesty sent counsellor state
queen's own Court; then this must needs purpose but for admonishment, refused higher than the highest; and that doth for come; and having guilty conscience, and
tinue
come before her, when she the Tower London, and surprize the heard his Rebellion, for other end
But my lord Essex hath levied power take to have the
say the law nature compelled you this, which judgment you have, though most trea cherously attempted, will word disprove
suddenly beflinted,
rebellious ends; but seems natural sovereign; and methinks cannot
turn them
this overweighing
aspiring mind
crocodile, which ever growing long
liveth. Your lordships know what sort they
went into the City, with armour and weapons,
and how they returned Essex-House again, Treason, which was not only carried
man's own conceit, and any probability denied, but that this High wished honour, like the Treason and must be, both against the law God, nature, and reason. And under your
being High their
than you appears; but my hope Essex the gift Henry 8th his father? that God his mercy, that hath revealed Was not made Master her majesty's their treasons, will not suffer the rest his Horse years age one her majesty's
*
judice her majesty's most royal person, neral her majesty's forces Ireland? And
grace's favour, my lord, the manner high nature must needs
any others the hurt the state, pre Council earl marshal England ge
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1339] STATE TRIALS, 43 Eliz. 1600. -Earls of Esser and Southampton, [1540
suspecting his Treasons were laid open, took should killed, and also when the Council consultation to surprize the Court and the had commanded him, upon his allegiance, Tower of London, all at one instant: and for dissolve his forces, answered nothing
this purpose, had appointed Blunt the custody likewise saw my lord Bedford brought that of the gates, sir Jo. Davis of the Hall, sir morning; and Mr. Witherington, fearing Charles Davers of the Presence, and himself might drawn his destruction, prayed of her majesty's person. Whereupon Blunt him only follow him, for when opportunity 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 || Esser. will not, protest God, speak 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, for Mr. Witherington, does much disparage that if he and his Complices should miscarry in himself saith so, for protest God upon London, then the Counsellors which he caused my salvation, never heard such words “Kill to be in prisoned in his house, should be slain. him, kill him and Mr. Witherington came
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 secret, Mr. Witherington being privy thereto, contain some other matter, for he durst not let
served London, they would leave the troop; and that they followed the earl into London, and on sudden lost him.
save my life; for those that prosecute against me, shall me good turn rid me
my misery, and themselves out fear.
voluntarily my house, unsent for, and 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 tha: the Witness now sent into the country about some employments. But had been
it come to light, but burnt and for Owen,
Salisbury, Davis and Tresham, they must have
the guard the Lords the Council, use them their pleasure. ”
lossov. Will your lordships give our turns
speak, for playeth the Orator, and abus
eth your lordships ears and with slanders;
but they are but fashions orators corrupt states. Considering some privileges which we
might challenge, equal Answers and equal hear ing were indillerent; for unless will please your lordships that we might answer every particular, we shall soon confound our own memories, and give liberty and advantage our enemies whereupon lay hold, for lack precise answer each particular objection. And seeing now, my lord, you have undertaken the place Judge, beseech you, you prove against us, we for ourselves may answer what may fall out fit.
Lord Keeper the Great Seal, the earl Worcester, sir Wm. Knollis Comptroller her
majesty's Houshold, and the Justice That upon the Sunday morning was sent England, being commanded direction from for Essex-House, where found the place the queen's majesty, did repair the late earl guarded with many gentlemen arms, who Essex's house and finding the gate shut
Here the lord Essex was interrupted, and
not allowed speak, until Henry Withering
ton's Examination was read, which imported past, about ten the clock the forenoon, the
thus much Witherington's
ExAMINATION.
told his uncle that came his company, that against them, after little stay they were feared they were come into action the wicket. And soon they were my lord Essex bad them very welcome, and within the gate, the wicket was shut upon intreated him with him, for feared hurt them, and their servants kept out. —At their
some private enemies. And when Mr. Wi therington perceived the council were stayed, feared danger them for heard some
coming thither, they found the court full men assembled together very tumultuous sort the earls Essex, Rutland and Southampton, and the lord Sandys; master Parker, com monly called lord Mounteagle, Christ. Blunt,
bid, Stah them and others, Let make
end them, we shall have the fewer deal
withal. And proves further, that order was Charles Davers, and many other knights left, That the earl should miscarry London, and gentlemen, and other persons unknown, then the Lord Keeper and the Justice which flocked together about the Lord Keeper,
might have been good witness: but being openly spoken, (as you say) hundred more
might have testified yet none spake besides. And for locking the council, protest
God was done charity, and without disloy alty, but intending only save them, lest they should take hurt; considering the people abroad the streets, with great and sudden outcry, said, “We shall slain. ” At which time we thought our enemies had been come beset the house, for my intent was no otherwise than loyal her majesty and them.
The Lord Keeper, the earl Worcester and the Justice Popham, proved court upon their honours, that they heard the words “Kill them, kill them but they would not charge my lord Essex that they were spoken either his privity cominand.
The DfcLARATION the Lord Keeper, the Earl Worcester, and the Lord Chief Justice England.
“Upon Sunday, being
the 8th Feb. last
L. C. in
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1341] STATE TRIALs, 43 Eliz. 1000—for High Teason. [1342
&c. And thereupon the Lord Keeper told the Essex speak with them privately, thinking earl of Essex, that they were sent from her still that his meaning had been so, until the majesty, to understand the cause of this their earl brought them into his back chamber, and assembly, and to let them know, that if they there gave order have the farther door had any particular cause of grief against any that chamber shut fast. And his going persons whatsoever, it should be heard, and forth out that chamber, the Lord Keeper they should have justice. —Hereupon the earl pressing again
his life was sought, and that he should have while, and stay here, and will into Lon been murdered in his bed; that he had been don, and take order with the mayor and sheriffs dealt with ; that his hand had for the city, and will here again within this
counterfeited, departed
een and letters written in his half hour. ” And from the Lord
to very Essex, said, “My lords, patient of Essex with a loud voice declared. That the earl
name; and that therefore they were assembled Keeper, &c. leaving the Lord Keeper, &c. and there together to defend their lives: with much divers the gentlemen Pensioners that other speech to like effect. IIereupon the L. chamber, guarded John Davis, Francis,
C. Justice said unto the earl, That if they had Tresham, and Owen Salisbury, with musket any such matter of grief, or if any such matter shot, where they continued until Ferdinando were attempted or purposed against him, he Gorges came and delivered them, about four
willed the earl to declare it; assuring him that it should be truly related to her majesty, and that it should be indifferently heard, and
the clock the afternoon. —In the mean time
John Davis,and Francis depart, the least, the queen's ma cerned. —To this the earl of Southampton jesty inform her where and what sort, we
justice should be done, whomsoever it con
we did often require Tresham, suffer
suffer some one
have spoken with the Earl
objected the assault made upon him by the were kept. But they answered, “That my lord lord Gray. Whereunto the L. C.
Justice said, (meaning the eart Essex) had commanded that in his case, justice had been done, and that we should not depart before his return, the party imprisoned for And hereupon which (they said) would very shortly. Tho the Lord Keeper did estsoons will the earl MAS EGER roN. C. Edward Worcester. Essex, that whatsoever private matter offence Jon Pop H. A. M. " - -
had against any person whatsoever, All which the Lord Chief Justice Popham would deliver unto them, they would faith attested, vivá voce.
fully and honestly deliver the queen's ina Att. Gen. Yea, my lord, you had 300 men
jesty, and doubted not procure him honour arms your house; why did you not dissolve able and equal justice, whomsoever con them, being commanded upon your ailegiance
cerned requiring him, that would not from the queen it?
declare openly, that would impart unto Esser. They hearing rumours men about them privately, and doubted not but they iny house against them put them into such would satisfy him it. —Upon this there was fear and extasy, that was not my power
great clamour raised among the multitude, suddenly dissolve them, quench their crying, “Away, my Lord, they abuse you, passions: and the rather for that sir Walter
they betray you, they undo you, you lose
time. ” Whereupon the Lord Keeper put
his hat, and said with loud voice, My lord, let speak with you privately, and
understand your griefs: and command you upon your allegiance, lay down your weapons, and depart, which you ought do, being thus commanded, you
Raleigh desired sir Ferdinando Gorges leave their company, else they would lost
that they stood amazed, and knew not what
him, thinking that purpose had been Att. Gen. My lord, your grace sees that speak with them privately, they had re this without colour question for my quired. And they were going, some Justice had proved plain, that they would that disordered company cried, “Kill them. ’ not dissolve their company that was arms, And they were going into the great chamber, being charged upon their allegiance do. some cried, “Cast the Great Seal out the Esser.
window. ' Some other cried there, “Kill them;’ were
and some other said, ‘Nay, shop then up. ' mine
—The Lord Reeper did often call the- earl For, not long before Walter Raleigh had
to do.
Southampton. Mr. Attorney, you speak
this were true the Gospel. Esser. Good my lord, let me intreat you
e
mark the circumstances: word was brought good subjects and owe that duty the that men were sent for into the country take
queen's majesty which you profess. Where
upon they brake out into exceeding loud
shout and cry, crying, All, all, all. '—And
whilst the Lord Keeper was speaking, and
commanding them upon their allegiance,
before declared, the carl Essex and the house, we being before advertised that we most part that company did put their should beset, thought the securest way for hats; and the earl Essex went into the those the council keep them there, not house, and the Lord Keeper, &c. followed knowing what mischief would ensue.
our own houses; then we conceiving the thirsty appetite our private enemies, took ourselves our arms, and were glad stand upon our guard for our own defence. But for the Lords the council that came my
Good my lord, know whether my lord Southampton's power
withhold their'purposes suddenly
f
so of all
us to
on
he
in to
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to in
of
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:
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:oritL. astoau:ain ofofof -
if
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S. of ofussir
usto sir be
1843]
sent to him
STATE TRIALS, 43 Eliz. 1600–Earls of Essex and Southampton, [1344
my Gorges o you are, your pride heart, house to have come anon what which
Durham-house; and we fearing him and aspiring mind, hath brought you unto. private enemy, would not suffer Esser. Ah! Mr. Attorney, lay your hand
oth. - the water upon equal b
W. Raleigh used the former Raleigh. That Gorges told me upon
thither but returned answer, that your heart, and pray God forgive
would meet him terms: where speeches
Gorges, wishing him leave the water, that my lord Essex had put him our company, else would undone. self into strong guard Essex-house, and And whereas we are charged have dealt this like the bloodiest day's work that with papists, assure your lordship, and
most true, that papists have been hired and
suborned witness against me; the
means one Sudall, who was priest, and sent into Ireland Christ. Blunt, whom thought
seminary deal with sir inward
wished Gorges refuse their company, else he would be undone. To this sir Walter was sworn.
with me, touch my honour and reputation.
Then Bales, the Scrivener the Old Bailey, nando told Essex-house, upon his return hath confessed under his hand forge and from the water. -
counterfeit my hand least two letters: and these two honest gentlemen can witness
Att. Gen. Ay, my troth, this true, but
Att. Gen. Well, my lord, what can you vise say for John Davis, another your adherents, that Papist? for bath confessed
was the procurement one tnen.
that
Esser. Thou swearest book; that man thou sayest
not
counsel,
priest upon his convertment
your chiefes: for Seminary
your own
but procured
Papist and Catholic, and drawn
his name John Daniel, errant thief,
one that broke standard mine, and stole
casket my wife's, and many other things. though cannot search into the secrets
very probable that should trust him
far, that had before betrayed me, But well known who set him attempt against me much
not? work
hath done,
procure my hand counterfeited and yet this man, your judgment, must
practiser such matters my own consent. ” Well, Mr. Attorney, thank God you are not my judge this day, you are uncharitable.
Att. Gen. Well, my lord, we shall prove you
The matter here referred to, came out upon strict enquiry, was thus The countess Essex being apprehensive, that
those troublesome times some mischiefs might befal her husband and herself, put some Letters
which she had received from him into cabinet, and intrusted into the hands of Dutch
woman called Rihove, who hiding them her house, they were accidentally discovered
her husband John Daniel; who reading them over, and observing some passages them,
which might incense the queen and endanger
the earl, caused them transcribed person expert counterfeiting hands; and when the timorous countess was near her time
Serj. Yelvert. Why, my lord, you deny the raising the power, why should many men come your house that day
lying-in, told her that unless she would
give him 3000l. would put them into the
hands her husband's enemies. The good
lady, prevent that threatening danger, im He deposeth, That Jan, last the earl
mediately gave him 1,170l. and still the Im Essex wrote him
Letter, wherein he corn his misfortunes, and the
postor only gave her the counterfeit copies, and
kept the originals get another sum for them
from the earl's enemies; for which was poseo free and therefore
sentenced the Star-Chamber perpetual imprisonment, fined 3000l. two which were paid the countess, and stand with
prayed Gorges come London him who coming accordingly, the earl tood him how mightily was crossed and discre
ears nailed the pillory with this inscrip dited his private enemies, which could
for, earls, tion, “A wicked Forger and Impostor. ” not saith he, have 120 ba
ever was, wishing him court with speed for prevention thereof: then sir Walter
Esser. Whatsoever sir Walter hath said, diff. fereth altogether from that which sir Ferdi
Christ. Blunt, one and that called
cannot but strange me hear it;
heart accuse him inwardly, yet have seen him dutifully come prayers, and the ser. vice God my own house with me, and behaved himself very godlily: and this can
witness. And for Blunt (God my wit.
ness) have been far from Popery,
have earnestly dealt with him reform
himself, insomuch that hath told me, bave
been very passionate. But whereas you say,
we have committed Treason, first prove that true.
absolve hun. Esser. John Davis were such man,
Southampt. By your favour, Mr. Serj. Ye verton, word, hope; for my coming thither, was not strange news; and when came that same morning Essex-house, protes:
had not above men attending me, which was but my usual company, therefore from purposing raise tumult.
Att. Gen. Why, the reason that was, that you thought Lendon would have risen with you; but, good my lord, beseech your grace hear the Oath Gorges whose Evidence was read, and himself there persus did justify the same.
Sir Ferdinando Gorges his Confessiox.
plained grievously
stood whereof he pur himself,
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1345] STATE TRIALS, 43 Eliz. 1600–for High Treason. [1346
rons, and gentlemen, that participate in my and seize upon the halberts and pensioners discontented humour, and will join with me, battle-axes. The intent was surprize the
and I desire your help and counsel therein. One special friend I have in the court, whereby
captain the guard the court, his own house, and some others; and then surprize the Tower London and that the earl of Essex resolved (these things being accomplish ed) immediately have called parliament reform disorders and private grievances. That
I have intelligence from time to time: and I
hold ourselves indifferently affected by the ci
i. London, hope good tizens of and to have a
in Wales. He confessed also, that they
Drury-house,
ad two several meetings at to
deponent utterly
this disliked
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 stir 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 not for any malice private discontent other
Wise.
the guard had been the earl of Essex's 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
Sir John Davis's ExAMINATION.
He saith, That the earl's purpose was, through his own guards to come to the privy possess himself the court, and take the
chamber, and the presence of the queen. And Tower London; and that they had several sir Ferd. Gorges said to the earl of Essex, meetings consultation, together with the earl
courses; court, per suaded the earl rather fiee into Wales, or
and after the alarm was given
other parts beyond the seas for his security, and avoiding the imminent danger was fallen into, than trust the city. And lastly, protested, for his own part, what
had done the business, was merely for the love bore the earl Southampton, and
these
Alas! my lord, what is so small a number of Southampton, Ferd. Gorges, Jo. Little
men able to do in so worthy an action ? and so ton, sir Christ. Blunt, sir Cha. Davers, and
dissuaded the earl from surprizing the court, this Deponent. And these matters (he con
and rather bade him submit himself to the fesseth) the earl
queen's mercy, than proceed any further. And own hand, viz,
that the earl of Southampton said at Fssex outward gate
house, Is it not three months since this plot ment the and water-gate, and Cha. Da began, and shall we resolve on nothing? Then vers the presence and guard-chamber; then
my lord Essex and his forces would have come land, and have possessed the pre
sence the queen. The question was asked
upon a sudden they agreed, first stir
London, where they assured themselves great
favour: and after the counsel was locked up,
this Deponent followed the troops into London;
and after some advice the earl of Essex sent How
Essex (as this Deponent saith), would deal with offenders, and such him, after should possessed
him back again with token deliver the Lord Chief Justice only, colour which token set liberty the Lord Keeper and the rest. Lastly, confirmed, that told sir Walter Raleigh first, upon the Thames, my
resisted
these things He resolved them way An
Fo making
lord Essex's his house
guard, delivered
swer, That meant admit them all an honourable trial.
Sir Christopher Blunt's ExAMINATION. He confesseth that the earl of Essex sent
his friends into arms,
about the 20th Jan. visit his
sir Walter
Sir Charles Davers's
ExAMINATION.
Raleigh.
Wiseman,
wife with letters compliment, and require him come unto him London, settle
and
He confesseth, That before Christmas last his estate according had written unto the earl Essex entered into consideration, him before some few days. Being demanded how he might secure himself have access what end they went the city, join with the queen's presence without resistance; and such strength they hoped for there; con that the resolution was agreeable certain fesseth, was secure the earl Essex's Articles written with the earl Essex's own life, against such forces should sent hand, and sent the earl Southampton against him. And being asked, What, against
surprize the court; and that there were divers the queen's forces? answered, That must consultations about and the points were have been judged afterwards. —But being fur these first, take the Tower, for would ther asked, Whether did advise come command London, then surprize the court; unto the court over night saith, no; for and after, the court being taken and possessed, Ferd. Gorges did assure, that the alarum to have assembled the rest their friends, and was taken the court, and the guards
have presented themselves the queen: doubled. Being asked, Whether
and that being done, and the guards secured, any prince could have endured
sir Christ. Blunt should keep the outward gates subject make the city his mediator
thought
have any or,
of the court, sir John Davis the hall and gather force speak for him saith, He
water-gate, Charles Davers (this Deponent) not read stories former times; but he
should keep the presence and guard-chamber, doth not know, but that former times sub
vol.
-
the earl
Essex set down with his Christ. Blunt keep the the court himself, this Depo
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Sir Christopher
heard my lord Essex cry, Charge, charge! and call for his horse. And saith, that she riff Smith was as far the matter as the best of them.
STATE TRIALS, 43 Eliz. 1600–Earls of Esser and Southampton, [1348
1347]
jects have used force their mediation. —Being
Lord Sandes's ExAMINATION.
asked what should have been done any He saith, He was sent for Sunday morn the persons that should have been removed ing, the same day, the earl Essex and from the queen? He answered, That never coming Essex house, found then but found my lord disposed shed blood; but that few there: but short time after, canne the any that should have been found, should have earl Southampton with the rest. This De had indifferent trial. —Being asked upon his ponent agreeth divers other circumstances conscience, Whether the earl Essex did not
give him comfort, that came authority,
with former Examinations: he confesseth, he went with the earl into London, and came back with him Ludgate; and there being repulsed,
toleration for religion should have been blame
Petitions the earl Southampton, Cha. which my lord confesseth; but saith, that thera I)avers, sir John Davis, Ferd. Gorges, Jo. was nothing but key iron chest,
Littleton, and this Deponent; which were the effect before remembered. And further this Deponent remembereth, That the earl
Essex's purpose was (after these things should
there should confesseth,
have denied it.
Mr. Attorney here urged, that there was Insurrection London, the earl Essex set combination; and one Pashell affirmed the down divers Articles with his own hand, with burning black purse the earl Essex,
Blunt's second ExAMINATION. He saith, That four five days before the
over-passed
government: and further this Deponent con fesseth himself reconciled the Pope and moreover saith, that the earl Essex said,
He looked not that any should troubled for Religion, and Liberty Conscience; that received letters from the earl of Essex the 20th
Jan. come London, whereupon &allie. -
which took out, and burnt paper the same purse, which did not contain above five six lines secret matter: and, for that he would not have much their names drawn into question, which were altogether ignorant
and settled) alter the state
j.
The Earl
He saith, That being London, with the earl
of Essex, heard him cry out the streets, England bought and sold the Spaniard and confesseth, when they had been possessed
he earl Essex down Fleet-street, intending to
Rutland's ExAMINATION.
London, their purpose was have taken the
Lord Keeper with them the Court, with the
earl Essex's company; and that the earl
Southampton and John Davis were spe also, went back with the earl cial confederacy and trust with the earl Es and they were repulsed.
sex these causes. Lastly, That the earl Mr. Attorney. Now, my lord,
Essex said, was sure sheriff Smith this Deponent specially noted, the earl ampton was very much discontented.
Lord Cromwel's ExAMINATION.
He saith, IIe never heard the matter till
the same Sunday-morning, when the earl Essex coming through Fleet-street, where this 1)eponent lay, and being sent for man may lord's, came into the street him; where my lord and divers his followers took him the hand, and bade him welcome, praying him
along with him and the earl Essex cried, for the good the queen, and
you all, my masters. First, went the uinations agree one, were they never mayor's house, and then sherifi Smith's house; far distant; but, good my lord, let me intreat and being Gracechurch-street, and hearing your lordship consider who they that tes
the Proclamation, the -cari Essex said, tify this against me: My lord, they are men Where the Sheriff Let him bring muskets within the danger the law, and such speak and pistols; for am coedibly informed out with desire live; but think they have Ireland, that the kingdom England sold much answer for between God and their the Spaniard. And upon the Proclamation souls and me. see they charge Ine with the she DePuncut left him and company. surpriziug the Tower; but upon what ground
these occurrents, did throw the purse and paper into the fire. And also Pashell confess eth further, that when the earl Essex came out London his house, told them, that
was beloved the city.
Lord Monteagle's ExAMINATIox.
He saith, He had foreknowledge of these
matters; but confesseth, follo
the mayor, and his house
And this Deponent being with the earl Es sex Gracechurch-street, confesseth he did
hear the earl (when the lord Burleigh came with the herald arms) command some his fol lowers bid the herald stay, for he would not
He saith Ludgate,
hear him abuse the queen's name.
beseech the peers, South let the due consideration of these several Exa
and your grace, and you, my lords, that
minations and Depositions enter into your hearts; and but note, they have agreed
and jumped together each particular point,
notwithstanding they were severally exa
mined; but must needs think the just judg
ment God, his mercy towards our sove
reign, have the truth marvellously reveal ed; coming from them their own accords,
without rack torture any them.
Essor. Mr. Attorney, answer, then, this
for that point; The self-same fear, and the self same examiner, may make these several Exa
wed t
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1349] STATE TRIALS, 43 Etiz. 1600. —for IIgh Treason. [1350
do they speak they had only some particular Articles writing under his hand, therein lay notes of my friends names, but ever very scorn ing open the projects his purpose for sur fully dashed at me : when my friends per prizing the court and Tower. -
suaded me any course, this was my purpose, have come with cight nine honourable Persons, who had just cause discontentment
Southampton. was foolish action,
needs confess, the going through the town, and
(though not equal with nine) unto her majesty,
and petition, prostrating ourselves her
majesty's feet, have put ourselves unto her mies, that would have stopped his passage
nercy. And the effect our desires should have been, that she would have been pleased
have severed some from her majesty, who, reason their potency with her, abused her majesty's ears with false informations; and they
were Cobham, Cecil and Raleigh for we
thought my lord Cobham carried himself such
factious and dangerous courses, told her
majesty many untruths: which was principal world, and therefore you shall not need in cause (as think) withdrawing her favour sist upon these circumstances; for lay not
from us. And that intent, remove such my cause upon aught that shall your lord from her highness confess) was the only de ship any harm for my sake for, protest, my sire we had present ourselves humility heart bears you malice, but what spake
before her majesty, but without any purpose hurt her highness: for, protest before God
was freely, and God's presence, hoping her majesty would have heard us, and our com plaints being but true. And further as
that was suddenly passed over purpose have men planted
but my lord's the court, was private ene
regard feared hindrance
the queen; which, protest, intended
other end, but prostrate himself her ima jesty's feet, and submit her mercy,
have formerly heard.
Cobham. My lord Essex, let me know,
intreat you, why you lay such imputations upon me, you have delivered.
Esser. My Lord, have forgiven the
must
carry reverent and loyal duty her
majesty, any man the world. But now, sure your lordship, that never spake out
lord, seeing that have heard the testimony fear death, desire life.
Ferdinando Gorges, and himsest here Bacon. My Lord, may please your grace,
court testify will say more, but that whatsoever my lord Essex hath here denied,
please her majesty will glad, and pray
merciful unto him, my conceit seemeth small. speak yet whatsoever not any ordinary Jury, but prudent, grave
dealing testify and wise peers; and this must needs say, the truth: and, Ferdinando, speak nothing evident that you, my lord Essex, had touch thyself, and speak what thou wilt planted pretence your heart against the
hath said, life and
me; for see thou desirest live, yet speak government: and now, under colour excuse,
like man.
Lord Admiral. desire, for the better sa
tisfaction myself and fellow peers, that
you must lay the cause upon particular enemies. You put me remembrance one Pisistratus, that was come into city, and doting upon the
Gorges might unfold openly what other secrets affections the citizens unto him, having
have passed between him and my lord Essex, purpose procure the subversion king touching the State. - dom, and wanting aid for the accomplishing his
Esser. Ah! my Lord Admiral, assure your humour, thought the surest means for the win self, faith, Treason: But yet, pray thee, ning the hearts the citizens unto him, and
good Ferdinando, speak openly
thou dost remember; and with desire thee speak freely.
whatsoever my heart
that hope entered the city, and cut his body over-thwart, the end they might conjecture
had been danger: and this means held the same conceit you and your complices did; entering the city London, persuading yourselves, they had undertaken your cause,
Gorges.
A SPACIOUS Court was made Westmin The C. B. sir Wm. Periam. Justices Gaw ster-hall, where the Lord Treasurer Buckhurst die, Fenner, Walmesley, Warburton, Kings— sat High Steward England, under cano mill, and Mr. Baron Clarke.
state; where sat also about the table, the earls, barons, and judges the land, according
their degrees. The Judges were these; the Popham, and Anderson.
These sat the Court next the bar, be fore the High Steward, seven Serjeants Arms
came with maces before the High Steward, and laid them down before him the Court.
the Tower,
was brought from the Tower that morning. He also secmed refer things God, who, said, best knew the secret this cause. Again and very zealously wished and hoped
that things should him made manifest; and protestations and speeches refer red him and his to God alone.
Then the Lords and Commissioners sitting
little space after John's departure, and until he tol barge, O-Yes was made, and the
Commission Oyer and Terminer was deter
Westminster his speeches
mined Proclamation made
following: All manner persons
and Ireland, that had any thing
Lords the queen's majesty's Justices Oyer and Terminer this present cause, may depart hence God's peace, and the queen's majesty's, and keep their day again upon new summons,
save the queen Amen. Then my lords arose, and was the stroke of ten of the clock at
night.
Afterwards the queen began appeased
towards him, and was often heard applaud that Rescript Theodosius, Honorius, and
Arcadius: “If any person speak the em
peror through
tency,
deserves pity; calls for mercy. ”
and inadver despised; out madness,
foolish
September following; but the queen granted his desire, suffering his estate his son, who had married the earl of Essex's sister.
Essex, and HENRY Earl
. . .
these words England
before my
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The king at Arms stood on the one side of the called, the earl Essex laughed upon the earl
1335]
STATE TRIALS, 43 Eliz. 1600. -Earls of Esser and Southampton, [1536
High Steward by chair estate, and one
her majesty's gentlemen ushers with his white
rod his hand on the other side. The Clerk
of the Crown and his assistant sat before him, Clerk of the Crown read the Indictinents. to read the common Indictments and Exami That being done, they were bid hold up
nations. The Captain the Guard (Sir Wal their hands again, which they did, and another ter Raleigh) and forty the queen's Guard Indictment was read, whereunto the earl were there to attend the service. Then the Essex was attentive. After which, the Clerk Serjeant Arms made three O-yes! and Pro the Crown asked them, whether they were clamation, That the Lord High Steward Eng Guilty, not Guilty: they pleaded not Guilty: land commanded silence, and hear the Com and for their Trials they put themselves upon mission read, upon pain imprisonment. Then God and their peers. They spake this sever the Clerk the Crown read the Commission, ally. Then my Lord High Steward few whereunto the earl Essex was very attentive. words gave the peers Charge, requiring them Another Proclamation was made, That the Lord have due regard their consciences.
High Steward England commanded Jus Then Serjeant Yelverton opened the Evi tices whom any writs had been directed for dence, shewed the effect the Indictment,
this service, bring them in, and certify the
same. Serjeant
held his hand, and said followeth
May please your grace (speaking the High Steward), about the 8th Feb. last, my lord Essex (there Prisoner the bar) went
Another Proclamation was made Arms, That the Lieutenant the London should return his Precept,
Tower
and bring forth his prisoners, Robert earl Essex, and Henry earl Southampton.
about with armed men very rebelliously dis-, inherit the queen her crown and dignity; which when came her majesty's ear, she
ampton, and summoned appear this day, make answer their names, upon pain and peril that will fall thereon.
Then the Lords were called, and answered
and appeared followeth: Edward earl Ox
ford, Gilbert earl Shrewsbury, Wm. earl Derby, Edw. earl Worcester, George earl
the
the way, that my lord Essex can way ex
cuse nor shadow this his rebellious purpose, nor turn his actions to, any other intent: for
the sending Temple his Secretary into Lon
don the night before, manifesteth his deter mination, without scruple question; for
hopes have had the
that means was
Cumberland, Robert earl Sussex, Edw. earl help the ocitizens, her majesty's most loyal
Hertford, Henry earl Lincoln, Charles earl
Nottingham. Tho. visco ont Bindon, Tho. lord best endeavours strengthen himself abroad,
s}e Ware, Edward lord Morley, Henry lord
Cobham, Henry lord Stafford, Tho. lord Grey,
Tho. lord Lumley, Henry lord Windsor, Wm.
lord Chandois, Robert lord Rich, Tho. lord
HDarcy, George lord IIunsdon, Oliver lord St. opinion the world, when he withstood John Bletso, Tho. lord Burleigh, Wm. lord divers her majesty's subjects standing her Compton, Tho. lord Howard, baron
Then the earl Essex desired my lord chief justice, whether
lord chief justice answered, No and Mr. At man do but the king,
torney General alledged Case Henry 8's death the law: for the head the time, my lord Darcy. Whereupon the earl Commonwealth, and his subjects mem
bad them on, hen the lord Grey was bers ought obey and stand with him. But
Southampton, and jogged him his sleeve.
Then they were cated hold their hands the bar, which they did. And then the
Then the Lord High Constable the Tower,
the Lieutenant the Tower, and the gentleman
porter, who carried the before the prison possible stop Rebellion: and who did she ers, came first and the prisoners followed send She sent (my lord) worse persons and made their appearance the bar, the gen than my Lord Keeper, my Justice tleman porter with the standing before them, England, the earl Worcester, and sir. Wm. with the ax's edge from them; and the Lieu Knowles; which went her majesty's tenant delivered his Precept into the Court. name, and commanded the earls and their ad The two earls (which were prisoners) kissed herents very strictly dissolve their Assem one another's hands, and embraced each other. blies, and lay down their Arms. But Another Proclamation was made, That the knowing very treacherously imprisoned the Serjeant Arms the queen's majesty re said Lords and Counsellors her majesty turn his Precept the Names the peers sent, and altogether, refused her majesty's au
Robert earl Essex, and Henry earl thority: and divers their Confederates cryed Southampton, the which delivered into the out, Kill them, kill them thereby putting her Court accordingly. Another Proclamation was majesty's council fear their lives; and made, That all earls, viscounts, and barons, withal, left them with Jo. Davis keep the realin England, which were peers Ro safe, lest they themselves should miscarry
bert earl Essex, and Henry earl South city. But, my lord, must tell you this
her abounding mercy sent see were
and loving subjects! and used not only his
but also fortified his house home with strong defence and ammunition; all which were tokens of his inclinations sudden and un
expected Rebellion, and were confirmed the
Walden. highness's right, and defence her peace,
know of against him and confederates. Good my might chal lord, beseech your grace, and you my lords lenge any the Peers no; whereunto the that are the peers, understand, That any
to
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1337] STATE TRIALS, 43 Eliz. 1600. —for High Treason. [1338
-
Cases.
strength
not suffer
First, that raiseth settled government,
but construed
power and law will
cases
*
whom pray God long preserve from the lastly, hath not received divers gifts and
as this Rebellion, being duly considered,
contains
are and will
tify himself against the prince's power, must
many branches Treason, which directly proved: which being so, my lords, wilo are their peers,
needs within the compass your favour, my lord
Treason. And Essex, will now know you can speak well any man; that whereas }.
shall not need say any more. For the her Manner hold unnatural act for
natural subject commit Treason against his
you my Lord Admiral, and my lord Cum hearts, but, for continual remembrance, kept.
berland, with others their honourable peers black purse, which my lord Essex wore know; which makes me wonder they not on his breast next his skin. Let me note
blush forward stand upon their unto you, my good lord, that they being both Trials without Confession, when their intended born under the government this princess, and Treasons are men's judgments palpable. highly advanced her majesty's favour,
my part, my lord, conjecture nothing should have trembled once think of such For can
hereby; and will not easily out my own Rebellion they have enterprized. Doth not conceit, but that there some further matter my lord Essex now enjoy his Earldom
found
are find them Guilty. Hereof need be
speak word unto you, for
made doubt, for more manifest than
the sedition Catiline the city Rome,
and consequently England less danger;
for as Catiline entertained the most seditious your own judgment, admitting you must make persons about Rome join with him his that freely your argument. 1st, will open the Conspiracy, the earl Essex had none but Quality your Rebellion; 2dly, the Manner Papists, Recusants, and Atheists for his adju it; 3dly, will touch the circumstances; tors and abettors their capital Rebellion and, lastly, will observe the Person. The against the whole estate England. My lord, Quality hath High Treason; for which think
much wonder that his heart could forget the princely advancements given him
majesty, and
hands her enemies. Amen, cryed the earl Essex and the earl Southampton, and God confound their souls that ever wished
otherwise her sacred person. - Attorney General, (sir Ed. Coke. ) May
sums money, his own use, her majesty's gracious and princely bounty, the value 30,000! . Yet these were cleverly for gotten, they had never been—Now shall
shew you the Person whom this concerns, even her majesty's sacred person, against whom
Please your grace, the Lords Chief Judges,
which are the fathers the law, know that their attempts have been, only for the under
the thought Treason the prince, the law death; and that guilty Rebel
taking God's Cause, and exercising Jus tice with admirable mercy; and though can
not speak without reverent commendations her majesty's most honourable justice, yet
lion, guilty
intent (by the laws seek the destruction
the land)
prince, and
prove this unto your lordships
the
will think her overinuch clemency some, turneth
adjudged Treason; and
two several
over-much cruelty for herself: for though the rebellious attempts were exceedingly heinous, yet out her princely Mercy, man was racked, tortured, pressed speak any
High Treason; that doth usurp upon the thing farther, than their own accord, and
law doth intend that hath purposed the de willing minds, for discharge their consciences
struction power,
the prince; that doth assemble they uttered; and then, see the mercy
the king doth command him upon God that will have the truth known, admi
allegiance dissolve his company, and con rable beyond . the conceit man's capacity
without any question High Trea for they being severally examined, notwith son: that doth levy forces take any town standing, agree directly, without varying.
the prince's dominions, likewise. But when her majesty sent counsellor state
queen's own Court; then this must needs purpose but for admonishment, refused higher than the highest; and that doth for come; and having guilty conscience, and
tinue
come before her, when she the Tower London, and surprize the heard his Rebellion, for other end
But my lord Essex hath levied power take to have the
say the law nature compelled you this, which judgment you have, though most trea cherously attempted, will word disprove
suddenly beflinted,
rebellious ends; but seems natural sovereign; and methinks cannot
turn them
this overweighing
aspiring mind
crocodile, which ever growing long
liveth. Your lordships know what sort they
went into the City, with armour and weapons,
and how they returned Essex-House again, Treason, which was not only carried
man's own conceit, and any probability denied, but that this High wished honour, like the Treason and must be, both against the law God, nature, and reason. And under your
being High their
than you appears; but my hope Essex the gift Henry 8th his father? that God his mercy, that hath revealed Was not made Master her majesty's their treasons, will not suffer the rest his Horse years age one her majesty's
*
judice her majesty's most royal person, neral her majesty's forces Ireland? And
grace's favour, my lord, the manner high nature must needs
any others the hurt the state, pre Council earl marshal England ge
he
to istoit in is asby do
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1339] STATE TRIALS, 43 Eliz. 1600. -Earls of Esser and Southampton, [1540
suspecting his Treasons were laid open, took should killed, and also when the Council consultation to surprize the Court and the had commanded him, upon his allegiance, Tower of London, all at one instant: and for dissolve his forces, answered nothing
this purpose, had appointed Blunt the custody likewise saw my lord Bedford brought that of the gates, sir Jo. Davis of the Hall, sir morning; and Mr. Witherington, fearing Charles Davers of the Presence, and himself might drawn his destruction, prayed of her majesty's person. Whereupon Blunt him only follow him, for when opportunity 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 || Esser. will not, protest God, speak 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, for Mr. Witherington, does much disparage that if he and his Complices should miscarry in himself saith so, for protest God upon London, then the Counsellors which he caused my salvation, never heard such words “Kill to be in prisoned in his house, should be slain. him, kill him and Mr. Witherington came
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 secret, Mr. Witherington being privy thereto, contain some other matter, for he durst not let
served London, they would leave the troop; and that they followed the earl into London, and on sudden lost him.
save my life; for those that prosecute against me, shall me good turn rid me
my misery, and themselves out fear.
voluntarily my house, unsent for, and 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 tha: the Witness now sent into the country about some employments. But had been
it come to light, but burnt and for Owen,
Salisbury, Davis and Tresham, they must have
the guard the Lords the Council, use them their pleasure. ”
lossov. Will your lordships give our turns
speak, for playeth the Orator, and abus
eth your lordships ears and with slanders;
but they are but fashions orators corrupt states. Considering some privileges which we
might challenge, equal Answers and equal hear ing were indillerent; for unless will please your lordships that we might answer every particular, we shall soon confound our own memories, and give liberty and advantage our enemies whereupon lay hold, for lack precise answer each particular objection. And seeing now, my lord, you have undertaken the place Judge, beseech you, you prove against us, we for ourselves may answer what may fall out fit.
Lord Keeper the Great Seal, the earl Worcester, sir Wm. Knollis Comptroller her
majesty's Houshold, and the Justice That upon the Sunday morning was sent England, being commanded direction from for Essex-House, where found the place the queen's majesty, did repair the late earl guarded with many gentlemen arms, who Essex's house and finding the gate shut
Here the lord Essex was interrupted, and
not allowed speak, until Henry Withering
ton's Examination was read, which imported past, about ten the clock the forenoon, the
thus much Witherington's
ExAMINATION.
told his uncle that came his company, that against them, after little stay they were feared they were come into action the wicket. And soon they were my lord Essex bad them very welcome, and within the gate, the wicket was shut upon intreated him with him, for feared hurt them, and their servants kept out. —At their
some private enemies. And when Mr. Wi therington perceived the council were stayed, feared danger them for heard some
coming thither, they found the court full men assembled together very tumultuous sort the earls Essex, Rutland and Southampton, and the lord Sandys; master Parker, com monly called lord Mounteagle, Christ. Blunt,
bid, Stah them and others, Let make
end them, we shall have the fewer deal
withal. And proves further, that order was Charles Davers, and many other knights left, That the earl should miscarry London, and gentlemen, and other persons unknown, then the Lord Keeper and the Justice which flocked together about the Lord Keeper,
might have been good witness: but being openly spoken, (as you say) hundred more
might have testified yet none spake besides. And for locking the council, protest
God was done charity, and without disloy alty, but intending only save them, lest they should take hurt; considering the people abroad the streets, with great and sudden outcry, said, “We shall slain. ” At which time we thought our enemies had been come beset the house, for my intent was no otherwise than loyal her majesty and them.
The Lord Keeper, the earl Worcester and the Justice Popham, proved court upon their honours, that they heard the words “Kill them, kill them but they would not charge my lord Essex that they were spoken either his privity cominand.
The DfcLARATION the Lord Keeper, the Earl Worcester, and the Lord Chief Justice England.
“Upon Sunday, being
the 8th Feb. last
L. C. in
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1341] STATE TRIALs, 43 Eliz. 1000—for High Teason. [1342
&c. And thereupon the Lord Keeper told the Essex speak with them privately, thinking earl of Essex, that they were sent from her still that his meaning had been so, until the majesty, to understand the cause of this their earl brought them into his back chamber, and assembly, and to let them know, that if they there gave order have the farther door had any particular cause of grief against any that chamber shut fast. And his going persons whatsoever, it should be heard, and forth out that chamber, the Lord Keeper they should have justice. —Hereupon the earl pressing again
his life was sought, and that he should have while, and stay here, and will into Lon been murdered in his bed; that he had been don, and take order with the mayor and sheriffs dealt with ; that his hand had for the city, and will here again within this
counterfeited, departed
een and letters written in his half hour. ” And from the Lord
to very Essex, said, “My lords, patient of Essex with a loud voice declared. That the earl
name; and that therefore they were assembled Keeper, &c. leaving the Lord Keeper, &c. and there together to defend their lives: with much divers the gentlemen Pensioners that other speech to like effect. IIereupon the L. chamber, guarded John Davis, Francis,
C. Justice said unto the earl, That if they had Tresham, and Owen Salisbury, with musket any such matter of grief, or if any such matter shot, where they continued until Ferdinando were attempted or purposed against him, he Gorges came and delivered them, about four
willed the earl to declare it; assuring him that it should be truly related to her majesty, and that it should be indifferently heard, and
the clock the afternoon. —In the mean time
John Davis,and Francis depart, the least, the queen's ma cerned. —To this the earl of Southampton jesty inform her where and what sort, we
justice should be done, whomsoever it con
we did often require Tresham, suffer
suffer some one
have spoken with the Earl
objected the assault made upon him by the were kept. But they answered, “That my lord lord Gray. Whereunto the L. C.
Justice said, (meaning the eart Essex) had commanded that in his case, justice had been done, and that we should not depart before his return, the party imprisoned for And hereupon which (they said) would very shortly. Tho the Lord Keeper did estsoons will the earl MAS EGER roN. C. Edward Worcester. Essex, that whatsoever private matter offence Jon Pop H. A. M. " - -
had against any person whatsoever, All which the Lord Chief Justice Popham would deliver unto them, they would faith attested, vivá voce.
fully and honestly deliver the queen's ina Att. Gen. Yea, my lord, you had 300 men
jesty, and doubted not procure him honour arms your house; why did you not dissolve able and equal justice, whomsoever con them, being commanded upon your ailegiance
cerned requiring him, that would not from the queen it?
declare openly, that would impart unto Esser. They hearing rumours men about them privately, and doubted not but they iny house against them put them into such would satisfy him it. —Upon this there was fear and extasy, that was not my power
great clamour raised among the multitude, suddenly dissolve them, quench their crying, “Away, my Lord, they abuse you, passions: and the rather for that sir Walter
they betray you, they undo you, you lose
time. ” Whereupon the Lord Keeper put
his hat, and said with loud voice, My lord, let speak with you privately, and
understand your griefs: and command you upon your allegiance, lay down your weapons, and depart, which you ought do, being thus commanded, you
Raleigh desired sir Ferdinando Gorges leave their company, else they would lost
that they stood amazed, and knew not what
him, thinking that purpose had been Att. Gen. My lord, your grace sees that speak with them privately, they had re this without colour question for my quired. And they were going, some Justice had proved plain, that they would that disordered company cried, “Kill them. ’ not dissolve their company that was arms, And they were going into the great chamber, being charged upon their allegiance do. some cried, “Cast the Great Seal out the Esser.
window. ' Some other cried there, “Kill them;’ were
and some other said, ‘Nay, shop then up. ' mine
—The Lord Reeper did often call the- earl For, not long before Walter Raleigh had
to do.
Southampton. Mr. Attorney, you speak
this were true the Gospel. Esser. Good my lord, let me intreat you
e
mark the circumstances: word was brought good subjects and owe that duty the that men were sent for into the country take
queen's majesty which you profess. Where
upon they brake out into exceeding loud
shout and cry, crying, All, all, all. '—And
whilst the Lord Keeper was speaking, and
commanding them upon their allegiance,
before declared, the carl Essex and the house, we being before advertised that we most part that company did put their should beset, thought the securest way for hats; and the earl Essex went into the those the council keep them there, not house, and the Lord Keeper, &c. followed knowing what mischief would ensue.
our own houses; then we conceiving the thirsty appetite our private enemies, took ourselves our arms, and were glad stand upon our guard for our own defence. But for the Lords the council that came my
Good my lord, know whether my lord Southampton's power
withhold their'purposes suddenly
f
so of all
us to
on
he
in to
is inas N to it to
to in
of
of
on toif as
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he of
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of as sir or it as
by so to
so
:
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it.
letasofantoI ifto us
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or sir at
:oritL. astoau:ain ofofof -
if
or
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S. of ofussir
usto sir be
1843]
sent to him
STATE TRIALS, 43 Eliz. 1600–Earls of Essex and Southampton, [1344
my Gorges o you are, your pride heart, house to have come anon what which
Durham-house; and we fearing him and aspiring mind, hath brought you unto. private enemy, would not suffer Esser. Ah! Mr. Attorney, lay your hand
oth. - the water upon equal b
W. Raleigh used the former Raleigh. That Gorges told me upon
thither but returned answer, that your heart, and pray God forgive
would meet him terms: where speeches
Gorges, wishing him leave the water, that my lord Essex had put him our company, else would undone. self into strong guard Essex-house, and And whereas we are charged have dealt this like the bloodiest day's work that with papists, assure your lordship, and
most true, that papists have been hired and
suborned witness against me; the
means one Sudall, who was priest, and sent into Ireland Christ. Blunt, whom thought
seminary deal with sir inward
wished Gorges refuse their company, else he would be undone. To this sir Walter was sworn.
with me, touch my honour and reputation.
Then Bales, the Scrivener the Old Bailey, nando told Essex-house, upon his return hath confessed under his hand forge and from the water. -
counterfeit my hand least two letters: and these two honest gentlemen can witness
Att. Gen. Ay, my troth, this true, but
Att. Gen. Well, my lord, what can you vise say for John Davis, another your adherents, that Papist? for bath confessed
was the procurement one tnen.
that
Esser. Thou swearest book; that man thou sayest
not
counsel,
priest upon his convertment
your chiefes: for Seminary
your own
but procured
Papist and Catholic, and drawn
his name John Daniel, errant thief,
one that broke standard mine, and stole
casket my wife's, and many other things. though cannot search into the secrets
very probable that should trust him
far, that had before betrayed me, But well known who set him attempt against me much
not? work
hath done,
procure my hand counterfeited and yet this man, your judgment, must
practiser such matters my own consent. ” Well, Mr. Attorney, thank God you are not my judge this day, you are uncharitable.
Att. Gen. Well, my lord, we shall prove you
The matter here referred to, came out upon strict enquiry, was thus The countess Essex being apprehensive, that
those troublesome times some mischiefs might befal her husband and herself, put some Letters
which she had received from him into cabinet, and intrusted into the hands of Dutch
woman called Rihove, who hiding them her house, they were accidentally discovered
her husband John Daniel; who reading them over, and observing some passages them,
which might incense the queen and endanger
the earl, caused them transcribed person expert counterfeiting hands; and when the timorous countess was near her time
Serj. Yelvert. Why, my lord, you deny the raising the power, why should many men come your house that day
lying-in, told her that unless she would
give him 3000l. would put them into the
hands her husband's enemies. The good
lady, prevent that threatening danger, im He deposeth, That Jan, last the earl
mediately gave him 1,170l. and still the Im Essex wrote him
Letter, wherein he corn his misfortunes, and the
postor only gave her the counterfeit copies, and
kept the originals get another sum for them
from the earl's enemies; for which was poseo free and therefore
sentenced the Star-Chamber perpetual imprisonment, fined 3000l. two which were paid the countess, and stand with
prayed Gorges come London him who coming accordingly, the earl tood him how mightily was crossed and discre
ears nailed the pillory with this inscrip dited his private enemies, which could
for, earls, tion, “A wicked Forger and Impostor. ” not saith he, have 120 ba
ever was, wishing him court with speed for prevention thereof: then sir Walter
Esser. Whatsoever sir Walter hath said, diff. fereth altogether from that which sir Ferdi
Christ. Blunt, one and that called
cannot but strange me hear it;
heart accuse him inwardly, yet have seen him dutifully come prayers, and the ser. vice God my own house with me, and behaved himself very godlily: and this can
witness. And for Blunt (God my wit.
ness) have been far from Popery,
have earnestly dealt with him reform
himself, insomuch that hath told me, bave
been very passionate. But whereas you say,
we have committed Treason, first prove that true.
absolve hun. Esser. John Davis were such man,
Southampt. By your favour, Mr. Serj. Ye verton, word, hope; for my coming thither, was not strange news; and when came that same morning Essex-house, protes:
had not above men attending me, which was but my usual company, therefore from purposing raise tumult.
Att. Gen. Why, the reason that was, that you thought Lendon would have risen with you; but, good my lord, beseech your grace hear the Oath Gorges whose Evidence was read, and himself there persus did justify the same.
Sir Ferdinando Gorges his Confessiox.
plained grievously
stood whereof he pur himself,
miserable estate d shortly
histo of * to It it, it tototo be is be
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1345] STATE TRIALS, 43 Eliz. 1600–for High Treason. [1346
rons, and gentlemen, that participate in my and seize upon the halberts and pensioners discontented humour, and will join with me, battle-axes. The intent was surprize the
and I desire your help and counsel therein. One special friend I have in the court, whereby
captain the guard the court, his own house, and some others; and then surprize the Tower London and that the earl of Essex resolved (these things being accomplish ed) immediately have called parliament reform disorders and private grievances. That
I have intelligence from time to time: and I
hold ourselves indifferently affected by the ci
i. London, hope good tizens of and to have a
in Wales. He confessed also, that they
Drury-house,
ad two several meetings at to
deponent utterly
this disliked
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 stir 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 not for any malice private discontent other
Wise.
the guard had been the earl of Essex's 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
Sir John Davis's ExAMINATION.
He saith, That the earl's purpose was, through his own guards to come to the privy possess himself the court, and take the
chamber, and the presence of the queen. And Tower London; and that they had several sir Ferd. Gorges said to the earl of Essex, meetings consultation, together with the earl
courses; court, per suaded the earl rather fiee into Wales, or
and after the alarm was given
other parts beyond the seas for his security, and avoiding the imminent danger was fallen into, than trust the city. And lastly, protested, for his own part, what
had done the business, was merely for the love bore the earl Southampton, and
these
Alas! my lord, what is so small a number of Southampton, Ferd. Gorges, Jo. Little
men able to do in so worthy an action ? and so ton, sir Christ. Blunt, sir Cha. Davers, and
dissuaded the earl from surprizing the court, this Deponent. And these matters (he con
and rather bade him submit himself to the fesseth) the earl
queen's mercy, than proceed any further. And own hand, viz,
that the earl of Southampton said at Fssex outward gate
house, Is it not three months since this plot ment the and water-gate, and Cha. Da began, and shall we resolve on nothing? Then vers the presence and guard-chamber; then
my lord Essex and his forces would have come land, and have possessed the pre
sence the queen. The question was asked
upon a sudden they agreed, first stir
London, where they assured themselves great
favour: and after the counsel was locked up,
this Deponent followed the troops into London;
and after some advice the earl of Essex sent How
Essex (as this Deponent saith), would deal with offenders, and such him, after should possessed
him back again with token deliver the Lord Chief Justice only, colour which token set liberty the Lord Keeper and the rest. Lastly, confirmed, that told sir Walter Raleigh first, upon the Thames, my
resisted
these things He resolved them way An
Fo making
lord Essex's his house
guard, delivered
swer, That meant admit them all an honourable trial.
Sir Christopher Blunt's ExAMINATION. He confesseth that the earl of Essex sent
his friends into arms,
about the 20th Jan. visit his
sir Walter
Sir Charles Davers's
ExAMINATION.
Raleigh.
Wiseman,
wife with letters compliment, and require him come unto him London, settle
and
He confesseth, That before Christmas last his estate according had written unto the earl Essex entered into consideration, him before some few days. Being demanded how he might secure himself have access what end they went the city, join with the queen's presence without resistance; and such strength they hoped for there; con that the resolution was agreeable certain fesseth, was secure the earl Essex's Articles written with the earl Essex's own life, against such forces should sent hand, and sent the earl Southampton against him. And being asked, What, against
surprize the court; and that there were divers the queen's forces? answered, That must consultations about and the points were have been judged afterwards. —But being fur these first, take the Tower, for would ther asked, Whether did advise come command London, then surprize the court; unto the court over night saith, no; for and after, the court being taken and possessed, Ferd. Gorges did assure, that the alarum to have assembled the rest their friends, and was taken the court, and the guards
have presented themselves the queen: doubled. Being asked, Whether
and that being done, and the guards secured, any prince could have endured
sir Christ. Blunt should keep the outward gates subject make the city his mediator
thought
have any or,
of the court, sir John Davis the hall and gather force speak for him saith, He
water-gate, Charles Davers (this Deponent) not read stories former times; but he
should keep the presence and guard-chamber, doth not know, but that former times sub
vol.
-
the earl
Essex set down with his Christ. Blunt keep the the court himself, this Depo
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heard my lord Essex cry, Charge, charge! and call for his horse. And saith, that she riff Smith was as far the matter as the best of them.
STATE TRIALS, 43 Eliz. 1600–Earls of Esser and Southampton, [1348
1347]
jects have used force their mediation. —Being
Lord Sandes's ExAMINATION.
asked what should have been done any He saith, He was sent for Sunday morn the persons that should have been removed ing, the same day, the earl Essex and from the queen? He answered, That never coming Essex house, found then but found my lord disposed shed blood; but that few there: but short time after, canne the any that should have been found, should have earl Southampton with the rest. This De had indifferent trial. —Being asked upon his ponent agreeth divers other circumstances conscience, Whether the earl Essex did not
give him comfort, that came authority,
with former Examinations: he confesseth, he went with the earl into London, and came back with him Ludgate; and there being repulsed,
toleration for religion should have been blame
Petitions the earl Southampton, Cha. which my lord confesseth; but saith, that thera I)avers, sir John Davis, Ferd. Gorges, Jo. was nothing but key iron chest,
Littleton, and this Deponent; which were the effect before remembered. And further this Deponent remembereth, That the earl
Essex's purpose was (after these things should
there should confesseth,
have denied it.
Mr. Attorney here urged, that there was Insurrection London, the earl Essex set combination; and one Pashell affirmed the down divers Articles with his own hand, with burning black purse the earl Essex,
Blunt's second ExAMINATION. He saith, That four five days before the
over-passed
government: and further this Deponent con fesseth himself reconciled the Pope and moreover saith, that the earl Essex said,
He looked not that any should troubled for Religion, and Liberty Conscience; that received letters from the earl of Essex the 20th
Jan. come London, whereupon &allie. -
which took out, and burnt paper the same purse, which did not contain above five six lines secret matter: and, for that he would not have much their names drawn into question, which were altogether ignorant
and settled) alter the state
j.
The Earl
He saith, That being London, with the earl
of Essex, heard him cry out the streets, England bought and sold the Spaniard and confesseth, when they had been possessed
he earl Essex down Fleet-street, intending to
Rutland's ExAMINATION.
London, their purpose was have taken the
Lord Keeper with them the Court, with the
earl Essex's company; and that the earl
Southampton and John Davis were spe also, went back with the earl cial confederacy and trust with the earl Es and they were repulsed.
sex these causes. Lastly, That the earl Mr. Attorney. Now, my lord,
Essex said, was sure sheriff Smith this Deponent specially noted, the earl ampton was very much discontented.
Lord Cromwel's ExAMINATION.
He saith, IIe never heard the matter till
the same Sunday-morning, when the earl Essex coming through Fleet-street, where this 1)eponent lay, and being sent for man may lord's, came into the street him; where my lord and divers his followers took him the hand, and bade him welcome, praying him
along with him and the earl Essex cried, for the good the queen, and
you all, my masters. First, went the uinations agree one, were they never mayor's house, and then sherifi Smith's house; far distant; but, good my lord, let me intreat and being Gracechurch-street, and hearing your lordship consider who they that tes
the Proclamation, the -cari Essex said, tify this against me: My lord, they are men Where the Sheriff Let him bring muskets within the danger the law, and such speak and pistols; for am coedibly informed out with desire live; but think they have Ireland, that the kingdom England sold much answer for between God and their the Spaniard. And upon the Proclamation souls and me. see they charge Ine with the she DePuncut left him and company. surpriziug the Tower; but upon what ground
these occurrents, did throw the purse and paper into the fire. And also Pashell confess eth further, that when the earl Essex came out London his house, told them, that
was beloved the city.
Lord Monteagle's ExAMINATIox.
He saith, He had foreknowledge of these
matters; but confesseth, follo
the mayor, and his house
And this Deponent being with the earl Es sex Gracechurch-street, confesseth he did
hear the earl (when the lord Burleigh came with the herald arms) command some his fol lowers bid the herald stay, for he would not
He saith Ludgate,
hear him abuse the queen's name.
beseech the peers, South let the due consideration of these several Exa
and your grace, and you, my lords, that
minations and Depositions enter into your hearts; and but note, they have agreed
and jumped together each particular point,
notwithstanding they were severally exa
mined; but must needs think the just judg
ment God, his mercy towards our sove
reign, have the truth marvellously reveal ed; coming from them their own accords,
without rack torture any them.
Essor. Mr. Attorney, answer, then, this
for that point; The self-same fear, and the self same examiner, may make these several Exa
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1349] STATE TRIALS, 43 Etiz. 1600. —for IIgh Treason. [1350
do they speak they had only some particular Articles writing under his hand, therein lay notes of my friends names, but ever very scorn ing open the projects his purpose for sur fully dashed at me : when my friends per prizing the court and Tower. -
suaded me any course, this was my purpose, have come with cight nine honourable Persons, who had just cause discontentment
Southampton. was foolish action,
needs confess, the going through the town, and
(though not equal with nine) unto her majesty,
and petition, prostrating ourselves her
majesty's feet, have put ourselves unto her mies, that would have stopped his passage
nercy. And the effect our desires should have been, that she would have been pleased
have severed some from her majesty, who, reason their potency with her, abused her majesty's ears with false informations; and they
were Cobham, Cecil and Raleigh for we
thought my lord Cobham carried himself such
factious and dangerous courses, told her
majesty many untruths: which was principal world, and therefore you shall not need in cause (as think) withdrawing her favour sist upon these circumstances; for lay not
from us. And that intent, remove such my cause upon aught that shall your lord from her highness confess) was the only de ship any harm for my sake for, protest, my sire we had present ourselves humility heart bears you malice, but what spake
before her majesty, but without any purpose hurt her highness: for, protest before God
was freely, and God's presence, hoping her majesty would have heard us, and our com plaints being but true. And further as
that was suddenly passed over purpose have men planted
but my lord's the court, was private ene
regard feared hindrance
the queen; which, protest, intended
other end, but prostrate himself her ima jesty's feet, and submit her mercy,
have formerly heard.
Cobham. My lord Essex, let me know,
intreat you, why you lay such imputations upon me, you have delivered.
Esser. My Lord, have forgiven the
must
carry reverent and loyal duty her
majesty, any man the world. But now, sure your lordship, that never spake out
lord, seeing that have heard the testimony fear death, desire life.
Ferdinando Gorges, and himsest here Bacon. My Lord, may please your grace,
court testify will say more, but that whatsoever my lord Essex hath here denied,
please her majesty will glad, and pray
merciful unto him, my conceit seemeth small. speak yet whatsoever not any ordinary Jury, but prudent, grave
dealing testify and wise peers; and this must needs say, the truth: and, Ferdinando, speak nothing evident that you, my lord Essex, had touch thyself, and speak what thou wilt planted pretence your heart against the
hath said, life and
me; for see thou desirest live, yet speak government: and now, under colour excuse,
like man.
Lord Admiral. desire, for the better sa
tisfaction myself and fellow peers, that
you must lay the cause upon particular enemies. You put me remembrance one Pisistratus, that was come into city, and doting upon the
Gorges might unfold openly what other secrets affections the citizens unto him, having
have passed between him and my lord Essex, purpose procure the subversion king touching the State. - dom, and wanting aid for the accomplishing his
Esser. Ah! my Lord Admiral, assure your humour, thought the surest means for the win self, faith, Treason: But yet, pray thee, ning the hearts the citizens unto him, and
good Ferdinando, speak openly
thou dost remember; and with desire thee speak freely.
whatsoever my heart
that hope entered the city, and cut his body over-thwart, the end they might conjecture
had been danger: and this means held the same conceit you and your complices did; entering the city London, persuading yourselves, they had undertaken your cause,
Gorges.
