No More Learning

Then was the return his Writ, Warrant directed unto him
ng prisoner
Court adjourned the 2nd May; and for the bringio the forth. Then
save the queen
For the better understanding the afore said Arraignment sir John Perrot and the Judgment that followeth, known that
the time his Arraignment, being the 27th April, anno 34 Eliz. Mr. Puckering was the queen's serjeant law, Mr. Popham the
Attorney General, and Mr. Egerton Solicitor. But before the day was brought re
ceive Judgment, her majesty's said learned Counsel were removed followeth that say, Mr. Puckering was made Lord Keeper
the Great Seal; Mr Popham the Queen's-Bench, and Mr. Egerton Attorney
General. This making and removing Offi cers was done the court of Greenwich on
the Court ended, and every man said, God Mr. Crooke having the said Warrant, which
and sat judgment. Then O-yes was
was written parchment, and having four
five seals of
slit labels, delivered the same the Court; and humbly craved that the lieutenant might be excused for his absence, and declared the cause thereof. Whereupon Mr. Sands, Clerk
and ordinary return Habeas Corpus.
Then Serjeant Snagg for the Queen, being
one her majesty's learned Counsel, moved the lords this effect, That whereas sir John Perrot was before that time indicted ofTreason
and arraigned, pleaded not Guilty, and put
himself the country, who found him guilty High Treason, therefore prayed, her
majesty's behalf, that Judgment might be given Westminster take his oath very honoura accordingly.
o
person.
ivers the queen's Commissioners, and
her learned Counsel being come the Hall, staid until the coming the Lord Chamber lain, whose coming they took their places
wax annexed the same
the Crown, taking the said Writ, and turn ing his face the Lord Chamberlain, read the return thereof, being Latin, the common
the 28th May 1592. My Lord Keeper went
bly with lords, knights and gentlemen, 4th June 1592, and that day sat first
Then Sands, Clerk the Crown, spake unto
John, saying, Thou hast been heretofore in
dicted High Treason the name John Perrot late London, knight, and being there
upon arraigned thereunto didst plead not Guilty; peared before the Commissioners; who were, and didst put thyself upon the country, who
Chancery. And Star-Chamber.
the 8th first sat
the the the
On the 26th
June sir. John Perrot ap
the Lord Chamberlain, the lord Buckhurst, sir Robert Cecil, secretary Woolley, Mr. Fortes cue, the the Pleas, justice Gaw die, justice Pennel, Mr. Rookesbie, one the
Masters the Court Requests.
First the said John Perrot that morning
found thee guilty High Treason: what hast thou now say for thyself, why thou shouldst not have Judgment die?
Sir John making low obeisance, answered; first, whether might permitted take any Exception against the Indictment, and
was brought coach from the Tower
the
might, then requested might there unto permitted.
Old Swan, and thence conveyed water
Westminster-bridge. Between the hours
and landed Westminster-bridge, and
was brought into Westminster-hall, being ac Then John made Protestation quar
companied with Mr. Crooke, son-in-law the ter Lieut. the Tower, his right hand, and mercy
Mr. Blunt, son the Lieut. his left hand,
and being strongly guarded divers the the world; and said, God forbid that ever yeomen the guard, with halberds, and the his heart should imagine Treason, utter such lieutenant's men with weapons round about unreverend speeches her sacred majesty, him: and that sort was brought the who had exalted him highly from the estate Queen's-bench bar, where stood for quar gentleman, and whose bounty and gra ter hour bare-headed, expecting the com cious favour had liberally tasted; but
ing the Commissioners. But Mr. Rookes bie, one the Commissioners, was sent, who
complained the hard and false dealings the witnesses towards him these causes, who, said, falsely, maliciously, and perjuriously
accused him; but said found fault the proceedings the law, but that had good and orderly proceedings therein: and then again extolling her majesty's great mercy and favour towards him, protested his innocency the cause be such, that forsook God's mercy and Saviour's merits, ever meant any treason treachery towards that gracious
had taken his place before the coming
John Perrot into the Hall, and tarried for the
coming the rest his associates—The said sir John Perrot was clothed doublet and
hose black Sattin plain, and gown wrought velvet furred, and square flat
crowned black felt hat, with small band, and
plain white ruff. The said Mr. Crooke and Mr. Blunt supplied the room the Lieutenant,
To this the Anderson answered, might not permitted.
hour long, wherein included the her majesty toward him, extolling her the only Mirror Mercy the princes
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1329] STATE TRIALs, 34 Eliz. 1592–for High Treason. [1330
queen Elizabeth; and said, that he knew her towards John the like effect, touching his majesty's great clemency and mercy towards Guiltiness and Trial, my Lord Chamberlain him proceeded from her majesty's own heart, had said before; adding further, That whereas by the mere providence of God, who knew his went about persuade the audience, that innocence in this cause, in staying him so long the cause which moved her majesty defer his from judgment, which he affirmed to be now
six times; especially after such heinous matters being proved against him, but, as he said, most falsely and untrue. -
Judgment, was her conceit some hard pro ceeding against him his Arraignment, which
Whereupon my
was not the cause indeed, that therein did injury the Judge, Jury and Witnesses; and
ing these
yo
Lord Chamberlain conceiv said was
to tend, that her majesty had
very evilly him, any done utter
so long deserted Judgment, being persuaded
Speeches
my lord himself had been and upon the Trial
thereunto of his innocency in the fact, and that
her majesty was persuaded that he had been
divers Traitors before that time, far sir John's betters, and said had seen divers Trai
hardly dealt withal, and unworthily condemn tors condemned Treason upon tenth part
ed: wherefore my Lord Chamberlain said, he
was much to blame to use any such speeches
to that end or purpose; and said, That the
conceit of his innocency was not the cause her
majesty deferred his Judgment so long; and used very vehement Speeches against the said
the evidence that was against him, and yet justly condemned Treason; and you, sir
John, are condemned justly mass Trea sons; and the said lord said, his conscience
thought him guilty most heinous Trea sons, and that was worthily condemned
sir John Perrot in that point, saying his Trea and said also, that divers and sundry wit sons were most manifest and apparent, and for nesses very sufficient had proved Treason his Trial he received more favour than any against him most manifest; and said withal, sir other Traitor that ever he saw, and there were John, would you have these, being many
\ more Witnesses of his own men and others number, testified against you, per
than ever he saw against any other Traitor. jured, and you only believed No, no, Whereupon John said, pray your lord not possible true, neither will any man
any such end saying further, that
ship interrupt me not: for the Lord Chamber
lain began these Speeches the midst . John's matter.
believe Sir John.
My Lord Chamberlain spake again and said,
There had been thirty Witnesses produced Then said my Lord Chamberlain, You must against him his Arraignment, who proved
be interrupted this point; and proceeded Treason against him and that was Trai more vehement and earnest against him than tor worthily condemned Treason; and said before. never saw any Traitor have such indifferent
Sir John Perrot prayed his lord-hip not Trial, and such sufficient proofs produced misconstrue his meaning, and said meant against him adding further, that might
such matter touching her majesty's conceit speak his will, but man would believe him
had spoken much already, but not spake.
Mr. Egerton, now Attorney, then stood up, had proved Treason against him. My Lord and directing his Speeches my Lord Cham Buckhurst said, He had both Irish and Eng
his hard usage, lordship took words and that for, said he, can recite my words true word
again, which effect were, that her majest Then
being the only prince mercy, had dealt with set forward and followed his enemies him most graciously, forbearing thus long Ireland, and that was condemned Irish with him for his Judgment. Witnesses all, and that one English Witness
berlain and the rest the bench, said, had thought have moved their lordships touching sir John Perrot's Speeches that point, which,
said, were protesting his innocency seduce and deceive the audience to think him
innocent, and not guilty Treason, and that had been injuriously condemned whereas
lish Witnesses, and those his own men. Sir
was most manifest that was most justly
condemned most heinous Treasons; and
that his Trial he received most favourable and threw his hand towards Mr. Rookesby. hearing. -
Whereunto John Perrot replied and said, Mr. Attorney, You did me wrong now, you
did me before. never did you wrong, said Mr. Attorney. You did me wrong, said sir John. Instance wherein did you wrong, said Mr. Attorney. You did me wrong, said
that they knew the same true; also said, that God would plague the prosecutors this cause against him for their corrupt deali:g therein. -
He also, with great provestation the midst his Speeches, utterly denied that ever in
tended meant murder any Iran,
3ohn. never did you wrong, said Mr. Attor was falsely accused; and said, that now lately
ney. All these Speeches were spoken with had found among his Writings Letter great vehemency each the other. that wicked fellow’s that accused him thereof,
My Lord Buckhurst directed his Speeches Stephen Seager, and said that had that VOL.
John alledged that the matter was
John said, was more than said, Philip Williams was
knew. Sands Englishman. Sir Treason and further said, That the Irish Witnesses had
John Perrot said, He proved
respect oath; and that for small value, man might procure number swear any thing. And for proof thereof, appealed
some the bench that had been Ireland,
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1331] STATE TRIALs, 34 Eliz. 1392–Trial of John Parol,
Letter about him prove his Testimony false; and said that that matter grieved him more
than any other matter. He also with great protestation denied that was ever Papist
heart soul, ever favoured any them, but was sound Religion these years, ever since the 2nd year king Edward: and for trial thereof, referred himself divers there present, that were old Parliament-men,
his Speeches touching Religion divers Par liaments.
[1332
upon hurdle through the city
the place execution, and there
and cut down alive, and his bowels and privy-members cut off, and cast in the fire sight, head cut off, and his body cut four quarters, disposed
the Queen's pleasure, and God have mercy
upon thee. ’
Then said John, Seeing pleased God
and the Queen that should thus judged,
his life stood her majesty's merciful hands, My Lord Chamberlain answered him, That whose life wished, and prayed God that was not charged for murdering intending might three times, yea five times long
murder any person, although the same was she hath lived already; with divers other good proved his face his own man. Sir John and godly wishes her majesty: and pray
said, Although the same was not objected his Charge, was laid open against him make him infamous the world, which grieved
God that among her subjects the innocent lambs might known from the scabbed goats; and the living God who knew his innocency
him most all; and said, that Seager the would put into her princely heart merci end denied again. My Lord Chamberlain ful unto him for his life, that he would, said, denied not, but justified his always heretofore did, serve her majesty face. most faithfully against her malicious enemies;
Sir John said, that Seager said John told yea and stop the mouth cannon, and
him that did would do.
Then Anderson,
but prove
him what
the Pleas,
fight against the dogs the Spaniards; and said knew her majesty the Fountain Mercy, and wished that utter destruction might
ensue him and his progeny, ever meant
Treason against queen Elizabeth which very words he uttered and wished divers times be
London hanged,
had any thing
arrest Judgment? Sir John answered, Seeing pleased God and the queen should come
asked him whether
say
that pass, had nothing say, but humbly fore and after; and said, that shortly God submitted himself the law and their lordships. doubtless would make manifest his innocency,
My lord Anderson then asked had the and that her majesty and the world. —He queen's Pardon Then said, had Par also said, that wished not now live, rea-. don. son his infamy his country, and that his
Then my lord Anderson proceeding pro name and blood was corrupted, which had nounce Judgment, began with long discourse, been antient continuance, and never before reciting divers good blessings God upon this that time spotted and said, Woe unto me realm, namely, the establishing true Religion, that am the first my house and name that and governed with gracious prince,
and many other good blessings God bestow upon us; yet notwithstanding, divers wicked
and traitorous persons, discontented with the state, had practised divers and sundry treasons,
which the great and mighty Providence God, had been from time time revealed. " And omitting divers foreign Treasons, many treasons had been practised here home; and said, That himself had been the arraign
ment
ever was attainted suspected, and shook his hand and having carnation his hand, said, care not for death the value this flower, fear not and wished that he had never offended God more than he had offended the queen's majesty. Which words pro nounced contrary the first, but presently re formed them. —Then he declared he had cer
tain Petitions, which humbly desired their
lordships move her majesty his behalf. divers, namely Babington, Abing The first Petition was, That would please her ton, with others; adding, that the Treasons majesty her abundant mercy pardon his John Perrot far surpassed them all, most life, that might have better room, for his wickedly conspiring her majesty's death and lodging was short chamber, only room for his
deprivation, and invasion this realm fo bed and table, and that he never went out reign enemies, and taking the Spaniards, doors, nor had any air, comfort him. —To
the destruction many thousands good this my lord Chamberlain answered, That the and natural subjects. Lord Anderson consent room was such as was fit for such man as he
with the two other lords, that was worthily was. -The second Petition was, That might and justly condemned Treason, good and have Preacher appointed unto him, and that
sufficient proof; and said, that his Arraign ment had indifferency with favour, and com
might permitted receive the Sacra
mended the goodness and substantialness
inent, which
mitment
same my lord Treasurer's house. —To this
the Jury that tried him And then proceeded was him pronounced
his Arraignment. Judgment, which
Petition my Lord Chamberlain never heard that desired
answered, That
this effect: ‘That the Lieutenant the Tower, the Tower, which was the place from
such thing before, which
wished any had, might
should carried
whence came, and from thence drawn that had requested the Lieutenant for the
said did not since his com the Tower, but said received the
have been granted him. Sir John Perrot said,
to be
at he of
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be
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he it it
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by heL.
to to at
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be
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to
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at
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Sir
to it of be
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1333] STATE TRIALs, 43 Eliz. 1000—for High Treason. [1334
same twenty times; and said, Here is a man Chamberlain, said, excepted his lordship, for that knoweth the same, meaning and pointing that sat Commissioner her majesty, other at Mr. Crooke, standing next him on his right wise was true subject any 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 was depart no such thing. Then said John, Mr. Lieu ing from the bar, returned again towards the tenant well knoweth and will confess the lords, and said, could not dispend 1,200l. same. — My Lord Chamberlain said, should year, although was bruited could dispend have his Petition herein granted: And that many thousands. He also made mention they, the Justices and Commissioners, had au was debt.
thority grant the same without moving her majesty therein. —The third i’etition was, That should suffer death, that then their lord
Then was conveyed away from the bar the same manner was brought thither, and brought water the Old Swan, for that
ships would humble suitors her majesty, could not shoot the bridge, and the guard
that seeing was gentleman born, and that
had been advanced place and calling
her majesty, and served her majesty place honour, might die gentleman's death,
and spared from drawing through the streets,
and the rest the Judgment; and said, was gentleman ancient descent, and but
gentleman. —The fourth Petition was, That
they would move her majesty good and
gracious son, meaning Tho. Perrot,
and that they would put her majesty remem
brance her gracious promise made unto Philip Sidney and Tho. Perrot, that her
majesty would good them; especially
that her majesty would good that virtu ous and gracious lady my lady Dorothy and
then said, that never received any penny
her marriage, nor ever assured her any jointure,
for which was now very sorry; and said,
that something moved him do, which now
grieved him very sore. —He also said, that had made estates his lands, dozen, sixteen,
and others attending him wherries; and from the Old Swan he was conveved coach into
for my lords the queen's justices determine and twenty years past; for that had chil their commission; and then they cried, God
dren divers venters, and that would have his lands remain his name, and now he had but one son, the other having died her majesty's service. He said, Peradventure holes may now found the same; therefore again requested that their lordships would move her majesty good his son and his wife, and heard little son which they had, and which hereafter may her majesty service.
confusion him and his posterity were guilty Treason. And were, utterly renounced the merits and mercy his Saviour Jesus Christ. And then speaking my Lord
70. The Trial Rob ERT Earl
SouTHAMPTON, before the Lords, Westminster, for High
He also oftentimes protested with great pro testation that never meant evil, and wished
from malice and aversion, But while thus had hopes his life, fell sick, and died the Tower
Treason 43 ELIz. Feb. 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
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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
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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.