The Arraignment of the Earles of Essex and Southampton in Westminster hall on Thursdaye ye xix. of Februarie . (ESSEX-E2-P1,1.3) The place was as abovesaid in Westminster hall in a Courte made of purpose , square and spacious , the heade towarde the Kinge's Bench : (ESSEX-E2-P1,1.5) vppon the sides of the Square , were made seates for the Lordes the Tryers to sitt above , and a lower seate for the judges ; (ESSEX-E2-P1,1.6) at the upper ende of the Square was onely one seate , w=ch= was a Chayre , and a footestoole under a cloth of Estate , and noe Seate nearer it then the upper ende of the twoe sides of the Square : In w=ch= Chaire sat the Lo. Tresurer Lo. Stewarde for y=t= tyme : who came into the Hall w=th= 7 Seargeantes at Armes , the kinge of herraldes bearinge before him a longe white rodd w=ch= I observed sometymes to be held by a kinge of herraldes and sometyme by a gentleman vsher . (ESSEX-E2-P1,1.7) There attended y=t= day 4 gentlemen Vsshers in ye Courte at the foote of the Lo. Steward : (ESSEX-E2-P1,1.8) there was cutt into the table a place for the Clearke of the Crowne to sitt in , (ESSEX-E2-P1,1.9) And at the lower ende of the Square towardes the hall doore satt on lowe seates the Queene's Counsel (ESSEX-E2-P1,1.10) and directlie at theire backe , a place of a conveniente bignes for the 2 Earles rayled in to save them from the thronge . (ESSEX-E2-P1,1.11) The Lo. and judges beinge sett , about 9 of the clocke the Prisoners came , (ESSEX-E2-P1,1.12) ffirst the Earle of Essex , led by the Lo. Constable of the Towre , the Lo. Tho. Howard , $attended by divers gentlemen of quality and the Axe borne before them by the gent Porter of the Towre , w=th= the edge from him , (ESSEX-E2-P1,1.13) and after him came the Earle of South~ton led by the Leiftenente of the Towre Sr Jo. Peighton and others w=th= him , (ESSEX-E2-P1,2.14) and p~sentlye p~clamacon was made by a Sergeante at Armes to keepe silence and heare the Queene's Commission redd : (ESSEX-E2-P1,2.15) then the Clearke of the Crowne redd the Comission : (ESSEX-E2-P1,2.16) and in that tyme the Earle of Essex spake softlie twice or thrice to the E. of South~ton . (ESSEX-E2-P1,2.17) The writt beinge returned , the Lo. Constable was called to bringe forth the Prisoners , Robte E. of Essex & Henrye E. of South~ton , w=ch= done the Lo. Constable tooke his place amonge the Barons as a tryer . (ESSEX-E2-P1,2.18) Then proclamacon was made to retorne the names of the Peeres sumoned upon the triall , (ESSEX-E2-P1,2.19) then the peeres were called in order as followeth : (ESSEX-E2-P1,2.20) ffirst Th'erles of Oxenford , of Shrewsebury , of Darbye , of Cumberland , of Worcester , of Sussex , of Hertford , of Lincolne and of Nottingham : The Lo. Vicount Bindon , the Lo. de La Ware , Lo. Money , Lo. Cobham , Lo. Stafford , Lo. Graye , Lo. Lumley , Lo. Hunsdon , Lo. Riche , Lo. Darcie of Chick : Lo. Chandoss , Lo. Windsore , Lo. S=ct= John of Bletsoe , Lo. Burleigh , Lo. Compton and Lo. Howard of Wallden . (ESSEX-E2-P1,2.21) A Question was moved to the judge by the E. of Essex , whether as in lyke cases as it was allowed by men of private condicon they might challenge any of there Peeres , affirminge yt though for his p~te he were verie indifferent , yet p~haps the E. that stoode by him , might make iuste challenge to some of them . (ESSEX-E2-P1,2.22) The judges said directlie y=t= the lawe did allowe them noe challenge of their Peeres . (ESSEX-E2-P1,2.23) The judges that satt were the Lo. Cheife Justice of England , the Cheife Justice of the Com~on Plees , the Lo. cheife Barron , Justice Gawdye , Justice Ffenner , Justice Walmysley , Baron Clearke and Justice Kyngesmyle : Allso 2 Sergeantes , M=r= Heale and M=r= Harris . (ESSEX-E2-P1,2.24) The Queene's Counsell were M=r= Sergeant Yelverton , M=r= Cooke , Attorney generall , M=r= fflemynge sollicitor and M=r= Bacon : (ESSEX-E2-P1,2.25) Then said the Clerke of the Crowne , Robte E. of Essex , hold vp thy hande , w=ch= he did of a greate heighte , sayinge he had done it to better p=r~=pose : (ESSEX-E2-P1,2.26) likewise the E. of South~ton held vp his so did they both times , beinge joyntlie indighted by 2 severall Endightmt=es= : (ESSEX-E2-P1,2.27) The cheife pointes were the rebellinge in Essex house , the sekinge to deprive her ma=tie= of lyfe and gou~ment , to sett the Crowne vppon his owne heade , the Consultacon and resolucon to goe to White hall to $surprize her ma=tie= ; the imprisoninge the Lo. of the Counsell and others sent from her Ma=tie= to disswade theire traytore purposs , the p~swadinge the Londoners to ioyne w=th= them and the killinge the Queene's subiectes . (ESSEX-E2-P1,3.28) Beinge demaunded guyltie or not guilty they both answered not guyltie (ESSEX-E2-P1,3.29) and for tryall put themselves upon god and there peeres : (ESSEX-E2-P1,3.30) I have quoth the E. of Essex a true harte to her Ma=tie= and my countrye (ESSEX-E2-P1,3.31) and have done nothinge but that w=ch= by the Lawe of nature and the necessitie of my case I was inforced unto ; (ESSEX-E2-P1,3.32) Then the Lo. Steward gave the prisoners to vnderstand that howsoever theire offences were notorious , yet her ma=tie= was contented to allow them a lawfull and an honorable tryall : and libertie to speake for themselves . (ESSEX-E2-P1,3.33) Th'earle of Essex while the Enditem=tes= were readinge smiled often (ESSEX-E2-P1,3.34) and lifted his eyes to {COM:sic} heavne (ESSEX-E2-P1,3.35) and after they were redd p~tested him selfe a trew harted subiect to her ma=tie= (ESSEX-E2-P1,3.36) and called god to witnes before Whome he said he looked shortelie to appeare . (ESSEX-E2-P1,3.37) Then M=r= Seriant Yellverton began to the Lo. Steward givinge him the tytle of his grace to open the matter , makinge firste repeticon of the substance of th'enditem=tes= : (ESSEX-E2-P1,3.38) Then urged the pointes of imprisoninge the Lordes at Essex house in w=ch= doinge yt appeared they neither-3 respected the Clemencie of her ma=tie= that sente them , the p~sonns of those that came , nor theire Errand , w=ch= was to vnderstand theire greifes and to make sinceare report of them to her ma=tie= and to admonishe the dissolvinge of the vnrulye companye there Congregated : All w=ch= notwithstandinge $they persisted in theire Rebellious purposes And went into London , leavinge the Lo. in the custodye of S=r= John Davies , ffraunces Tresham & Owen Sallisburie , w=th= charge that if either any shold offer to enlarge them or that the E. of Essex shold miscarrie in the Cittye then to kyll them . (ESSEX-E2-P1,3.39) When they came into the Cittye theye there soughte helpe to attempte the Courte (ESSEX-E2-P1,3.40) and failinge there retorned againe to Essex house , there fortifyinge againste her ma=te's= knowne officers of her Armye , wherein he affirmed they comitted manifeste treason : (ESSEX-E2-P1,4.41) ffor sayth he yf a man intend the deathe of a kinge beinge the heade of the comon welthe w=t=hout w=ch= the members $can $not {TEXT:cannot} live , it is Treason : (ESSEX-E2-P1,4.42) they not onlye intended but allso acted so far forthe as was in there powre vz : By assemblinge a powre and encitinge the Subiectes to Rebell , (ESSEX-E2-P1,4.43) he compared this facte of the E. of Essex to that of Cataline in Roome . (ESSEX-E2-P1,4.44) Cataline tooke the most sedicous , (ESSEX-E2-P1,4.45) the Earle tooke Atheist , Papiste , men reconcyled to the Pope , men discontented and of dissolute behavior : (ESSEX-E2-P1,4.46) the difference was onelye this that Catalyne was followed of the Romaines , but noe Londoners followed the Earle : (ESSEX-E2-P1,4.47) Then he obiected to the Earle the Queene's favor towardes him ; (ESSEX-E2-P1,4.48) noe man advanced younger to place in Counsell nor to more dignities , all w=ch= the Earle abused , (ESSEX-E2-P1,4.49) $and $did make his cheife companions of sword men , (ESSEX-E2-P1,4.50) and affectinge popularitie declared the insacietie of Ambition , w=ch= never cesseth till it attayne as highe as it can see , Comparinge it to the Crocodyle that is said to growe as longe as he liveth : (ESSEX-E2-P1,4.51) And these treasons beinge apparent and knowne to manie of the Peeres , havinge bene sume of them her Ma=te's= Ministers for suppressinge the Rebellion , he wondred that the Earles wold pleade not guiltie . (ESSEX-E2-P1,4.52) Besides theire treasons howsoever sodenlye attempted , were not so soddainly contrived , (ESSEX-E2-P1,4.53) But were of a more auncient date as shold be p~ved : (ESSEX-E2-P1,4.54) Then M=r= Attornye began to this effect , That for the better informacon of the Lordes , he wold deliver unto them Fitzherbarte's reporte , w=ch= was that the verie thoughte was Treason , (ESSEX-E2-P1,4.55) but bicause the thoughtes were onely knowne to god , therefore it is not p~mitted to be adiuged , till they appeare by sume discourse either-3 by word , wrytinge or acte , (ESSEX-E2-P1,4.56) And further declared that whosoever goeth aboute into open Rebellion , is in the construction of the Lawe guyltie of determing {COM:sic} the deathe and destruction of the Prince . (ESSEX-E2-P1,4.57) Th'earle sayth he hathe done both , (ESSEX-E2-P1,4.58) for he hath raised a power in a setled goverment w=ch= the lawe intendes to be a purpose to destroye the kinge , (ESSEX-E2-P1,4.59) for he y=t= abusethe the gou'm=t= hates the Governor . (ESSEX-E2-P1,4.60) The contynuinge of his power assembled at Essex house being comaunded to disperse them , is playne Treason . (ESSEX-E2-P1,5.61) Agayne saith M=r= Attorney to rayse force to take a Towne , forte or place of defence is Treason : (ESSEX-E2-P1,5.62) the E. of Essex raised a force not-2 to take a small Towne but the verie Cittye of London : not-3 a slend=er= fforte but y=e= Towre , nor there to rest , but to attempt the sacred Pallace of the Prince , killinge her subiectes after a most disloyall mane=r= . (ESSEX-E2-P1,5.63) What should I say more , Res ipsa loquitur . (ESSEX-E2-P1,5.64) But what answeres my Lo. of Essex ? (ESSEX-E2-P1,5.65) that the Lawe of nature comaunndes and he was bound to his owne defence . (ESSEX-E2-P1,5.66) But I will shewe that he transgressed the Lawes both of God & Nature and of reacon's . (ESSEX-E2-P1,5.67) Consider first the Quallitie of the offence , 2 the manner 3 the p~sons by whome 4 the p~sons against whome it was comitted , (ESSEX-E2-P1,5.68) and they shall be lefte w=t=hout excuse . (ESSEX-E2-P1,5.69) And ffirst let me tell them , that Treason for satisfacon of a passion in Nature is noe excuse to Treason . (ESSEX-E2-P1,5.70) All offences gainst God and nature , are peccata clemantia peccata Sanguinis : (ESSEX-E2-P1,5.71) Rebellion worst of all confoundes all Nature , God and reacons . (ESSEX-E2-P1,5.72) This Treason is for y=e= quallitie p~meditate and aymed at the heade , even of her Ma=tie= : (ESSEX-E2-P1,5.73) ffor the manno=r= howe soddaine soev=er= yet it is high Treason : (ESSEX-E2-P1,5.74) ffor soddaine Treason is not les daungero=s= then y=t= w=ch= is of longer growth . (ESSEX-E2-P1,5.75) But my Lo. yo=r= offence was past an imaginerie offence , (ESSEX-E2-P1,5.76) it was Armata iniquitas ; (ESSEX-E2-P1,5.77) neither was it of that soddaines as yo=u= wold have it beleeved , (ESSEX-E2-P1,5.78) ffor yo=u= wore a black bag about yo=r= necke conteininge a Catalogue of the names of such as were mene of yo=r= number : (ESSEX-E2-P1,5.79) a black bagg was meetest for such a black cause : (ESSEX-E2-P1,5.80) But my Lo. there lyes a greate burthen vppon yo=r= Lo=p= for drawinge so many worthye gent. into so desp~ate and detestable a busines . (ESSEX-E2-P1,5.81) ffor the p~sons by whome thes Treasons were comitted , they received there first breath vnd=er= her mat=ie's= gou~nm=t= : (ESSEX-E2-P1,5.82) Th'earldome of Essex given to his father by her ma=tie= ; (ESSEX-E2-P1,5.83) how she hath loaden this man w=th= hono=ers= , office and dignities , the world can testifie there he recyted all his offices (ESSEX-E2-P1,5.84) above all her ma=tie's= favo=res= made him greate , (ESSEX-E2-P1,5.85) neither was it fruitles to his estate : (ESSEX-E2-P1,5.86) for I am able to p~ve and make good accompte that her ma=te's= guiftes to him amounted to thousand poundes . (ESSEX-E2-P1,6.87) Allso the Earle of South: received divers favo=res= from her ma=tie= , thoughe for his misdemeanores it pleaseth her to thinke worse of him . (ESSEX-E2-P1,6.88) The p~son against whome thes treasons were intended was against her sacred ma=tie= , against the Relligion w=ch= her highenes sincerely p~fesseth at home and p~tecteth in other provinces : and her exercise of Justice comixed wth admirable mercy , w=ch= is aparant in this , that in the examinacon of all the p~sons imp~soned for this facte , none were rackte nor offer of fortune made unto them . (ESSEX-E2-P1,6.89) And an other thinge materiall to be noted comes into my mynde , (ESSEX-E2-P1,6.90) no two of the examinantes spake togither (ESSEX-E2-P1,6.91) & yet they all agree in ye substance of theire tales . (ESSEX-E2-P1,6.92) Then he declared the lenitye of the first p~ceedinge vz : that the Lo=es= of the Counsell put unto them 2 Counsello=res= of State to summon him ; (ESSEX-E2-P1,6.93) the reason because there was a Roytous company assembled , (ESSEX-E2-P1,6.94) The intent to admonish him , (ESSEX-E2-P1,6.95) he $came not , (ESSEX-E2-P1,6.96) was forborne till the next day y=t= a guilty conscience counselled him to put himselfe into strengthe : (ESSEX-E2-P1,6.97) ffor there were forces expected from Wales , y=e= discou'ie whereof th'earle nowe doubted (ESSEX-E2-P1,6.98) & Consultacon was had amongst them 3 monthes before whether was best , first to surprize the Tower and Court , or to p~ve there freindes in London . (ESSEX-E2-P1,6.99) Allso at Drewrie house , it was resolved vppon 4 daies before theie brake owte into open rebellion y=t= to goe to ye Courte was ye best : (ESSEX-E2-P1,6.100) then was allotted to eurie one his severall place of charge , (ESSEX-E2-P1,6.101) S=r= Christopher Blunt , a reconcyled Papist , to haue charge of the utter gate , (ESSEX-E2-P1,6.102) S=r= John Davies the Hall , a Papist likewise (ESSEX-E2-P1,6.103) & S=r= Charles Davers the presence , a secret Papist as is confessed , (ESSEX-E2-P1,6.104) Th'erle of Essex the privye Chamber : (ESSEX-E2-P1,6.105) Should the Court have bene thus guarded , oh saith Sr Christopher Blunt , what fearefull humo=er= shall we fynde them in at Courte when we surprize them . (ESSEX-E2-P1,6.106) Well what shold be the end of ye surprize ? (ESSEX-E2-P1,6.107) forsoothe to call a p~liament . (ESSEX-E2-P1,6.108) A bloody parliam=t= wold that haue bene when yo=r= Lo=p= that nowe standeth all in black , shold haue worne a bloody Robe . (ESSEX-E2-P1,6.109) But my hope is y=t= he $shall $be {TEXT:shalbe} Robte the laste Earle of his house that wold have bene Robte the first Kinge of this land : (ESSEX-E2-P1,6.110) Well what did he ? (ESSEX-E2-P1,6.111) he assembles a greate number of Barons , Earles and gent. of Quallitie : (ESSEX-E2-P1,7.112) yet her ma=tie= held gracous (ESSEX-E2-P1,7.113) and sent unto him favor vz. the Lo. Keep: th'earle of Worcester , the Comptroller and the Lo. Cheife Justice , two of them of his owne blood , th'other , men that never malliced him , as himselfe will I thinke confess . (ESSEX-E2-P1,7.114) Thes charged him vpon his alledgiaunce , to lay downe his Armes and to disolve his troupe . (ESSEX-E2-P1,7.115) Nowe marke the fury of a rebellious company , (ESSEX-E2-P1,7.116) They cried owte kill them , (ESSEX-E2-P1,7.117) kill them , (ESSEX-E2-P1,7.118) we shall have the less to doe , (ESSEX-E2-P1,7.119) they but abuse and goe aboute to betraye yo=u= : (ESSEX-E2-P1,7.120) here you see Treason in the house : (ESSEX-E2-P1,7.121) before he went owte he was a Trayto=r= ; (ESSEX-E2-P1,7.122) when he came into the Citty whatt did he ? (ESSEX-E2-P1,7.123) even followed the rules of Treason : (ESSEX-E2-P1,7.124) Treason durst never looke directlye vppon a Prince , (ESSEX-E2-P1,7.125) for the Ma=tie= of godes annoynted doth ever call forth such beames as daunteth the eye of disloyaltie (ESSEX-E2-P1,7.126) and therefore he p~tendes a cause of stirringe the State , (ESSEX-E2-P1,7.127) Or saith he at firste entraunce I shold haue bene murthered by my Lo. Cobham and S=r= Walter Raleighe (ESSEX-E2-P1,7.128) but when he was gott w=t=hin them & began to speake nearer to them , then an other cause was invented , vz. y=t= the Kingdome of England sholde be soulde to the Infanta of Spayne : (ESSEX-E2-P1,7.129) In the end fyndinge in London truer hartes then he expected , he resolved vppon his retorne , (ESSEX-E2-P1,7.130) what to doe ? (ESSEX-E2-P1,7.131) to burne some pap'r least they shold hurte his freindes : (ESSEX-E2-P1,7.132) Then M=r= Atto=r=ney besoughte the Lo. Howard y=t= certaine deposicons might be redd for proofe of thes matters . (ESSEX-E2-P1,7.133) Th'earle replied y=t= there was oddes betweene the memorie and Oratorie of the Queene's con~sell and theires that were prisoners , and that it belonged to the Q. counsell to lay all possible as~p~sions vppon those at that Barr . (ESSEX-E2-P1,7.134) And desired the Peeres to consider of theire woordes accordinglie . (ESSEX-E2-P1,7.135) Then was p~duced the examinacon of one Witherington a borderer of Wales , that the Saterdaie before he tould th'erle of Rutland that he wondred at the Course he held w=th y=e= State . (ESSEX-E2-P1,7.136) Th'erle of Essex tooke some excepcon to him in respecte he was not p~sent , (ESSEX-E2-P1,7.137) but as he said p~tested the sinceritye of his Relligion : (ESSEX-E2-P1,7.138) And for the threates vsed to the Lordes , he never hard them , the house beinge so full of noyse that one could not heare an other speake : (ESSEX-E2-P1,8.139) some cryed one thinge and some another , as everie p~ticular humour ledd them . (ESSEX-E2-P1,8.140) But for his owne p~te he never ment any thinge towarde them , but y=t= w=ch= was loyall , shuitable and affectionate : (ESSEX-E2-P1,8.141) ffor S=r= John Davyes he p~tested deeply he never knewe him not to be a papist , (ESSEX-E2-P1,8.142) he came orderly to prayers in his house , (ESSEX-E2-P1,8.143) neither observed he in him any difference of his dress . (ESSEX-E2-P1,8.144) The charge of his house when he wente owte he lefte wth S=r= Gellie Marwick , who had once beene his Steward and nowe was his ffreind (ESSEX-E2-P1,8.145) & that w=ch= he did he was forced unto in his owne iuste defence , (ESSEX-E2-P1,8.146) for he understoode , not by a naked surmise but by sound adu~tisem=t= that his private Enemyes had levied force and ment to surprize him in his house : (ESSEX-E2-P1,8.147) he allso p~tested deeplie the sincerity of his harte towarde her Ma=tie= and his Countrye (ESSEX-E2-P1,8.148) and wished that all disloyall hartes mighte haue the reward dew unto them . (ESSEX-E2-P1,8.149) Then the Lo. Admirall desired the Lo. Cheife Justice to declare his knowledge of what passed in Essex house at his beinge there w=th= the rest : whereuppon he was sworne and then spake to this effecte , That they were sent to them to drawe them to a better course and to informe trulye at Courte , the matters whereat they tooke offence . (ESSEX-E2-P1,8.150) They required of th'erle of Essex to know his greifes , wth p~mise to reporte them sincearlie . (ESSEX-E2-P1,8.151) My Lo. sayth he began to tell us that one was touchinge th'erle of South: in whiche instant one at my back , cryed owte kyll them , (ESSEX-E2-P1,8.152) kill them : (ESSEX-E2-P1,8.153) he said he knewe him not yf he sawe him agayne , (ESSEX-E2-P1,8.154) but he was suer he had on a white Sattin doblett . (ESSEX-E2-P1,8.155) That they desired private conference , where to th'erle answered that he wold come to them anon . (ESSEX-E2-P1,8.156) But at the dore were set Musketeres to guarde the place , (ESSEX-E2-P1,8.157) and none was suffered to goe owte from them to reporte in what plight they were . (ESSEX-E2-P1,8.158) {COM:insert_helsinki_sample_here} The Earle answered , that if he had purposed any thinge againste any other then those his private enemyes , he wold not have stirred wth so slender a Company . Whereto M=r= Bacon answered in this sorte , (ESSEX-E2-P1,23.161) it was not the company yo=u= carryed w=th= yo=u= that yo=u= trusted vnto but the assistance w=ch= you hoped for in the Cittye . (ESSEX-E2-P1,23.162) The Guise thurste himselfe into Paris against the Kinge , with onelye a gent. , (ESSEX-E2-P1,23.163) and found that helpe there w=ch= yo=u= thanckes be to God fayled of here . (ESSEX-E2-P1,23.164) And what followed ? (ESSEX-E2-P1,23.165) The Kinge was put to his Pillgrime's habitt , (ESSEX-E2-P1,23.166) and in that disguise was forced to escape the furye of the Guise : (ESSEX-E2-P1,23.167) yo=u= came w=th= fayer pr~tence , w=th= all hayle and a kisse , to the Cittye , (ESSEX-E2-P1,23.168) but the ende was treason . (ESSEX-E2-P1,23.169) And that hath bene sufficiently p~ved . (ESSEX-E2-P1,23.170) The Earles spake agayne in effect as before for theire owne defence , willinge a p~formaunce of the p~mise made them by the Lo. Admyrall , to have an honorable tryall : and civill vsage , in the meane tyme , all w=ch= they thanckfully acknowledged to have bene p~formed . (ESSEX-E2-P1,23.171) Then the Lo. Steward had the Earles to goe togither , (ESSEX-E2-P1,23.172) and Comaunded the Leivetennte of the Tower to w=t=hdrawe his prisoners from the Barr . (ESSEX-E2-P1,23.173) The Peeres went out , into a place p~vided for them , fayre hanged w=th= Tapistrye , in the place where the Courte of Chauncerie was keepte . (ESSEX-E2-P1,23.174) And after some half hower's consultacon havinge allso called the judges into them , to resolve them the poyntes of Lawe , they came forth againe , (ESSEX-E2-P1,23.175) and tooke there places as before . (ESSEX-E2-P1,24.176) Then were they all called . (ESSEX-E2-P1,24.177) And then the Lo. Steward demaunded of the youngest Lo. first , w=ch= was the Lo. Howard of Wallden : how say yo=u= my Lo. is my Lo. of Essex : (ESSEX-E2-P1,24.178) {COM:Rest_of_the_page_blank_and_other_five_pages_following}