Serjeant Yelverton 's Speech .
(ESSEXSTATE-E2-P1,198.2)
First he began to open the Evidence , (ESSEXSTATE-E2-P1,198.3)
and shewed the Effect of the Indictment , (ESSEXSTATE-E2-P1,198.4)
and held it in his Hand , (ESSEXSTATE-E2-P1,198.5)
and said as followeth : May it please your Grace speaking to
the High Steward , (ESSEXSTATE-E2-P1,198.6)
about the 8th of February last , my lord of Essex
there Prisoner at the Bar went about with
armed Men very rebelliously to disinherit the Queen of her Crown and
Dignity ; which when it came to her Majesty's Ear , she of her
abounding Mercy sent to see if it were possible to stop Rebellion :
(ESSEXSTATE-E2-P1,198.7)
and who did she send ? (ESSEXSTATE-E2-P1,198.8)
She sent my Lord no worse Persons than my Lord Keeper
, my Lord Chief Justice of England , the Earl of
Worcester , and Sir William Knowles ; all which
went in her Majesty's Name , and commanded the Earls and their
Adherents very strictly to dissolve their Assemblies , and to lay down
their Arms . (ESSEXSTATE-E2-P1,198.9)
But he knowing it , very treacherously imprisoned the said Lords and
Counsellors by her Majesty so sent , (ESSEXSTATE-E2-P1,198.10)
and altogether refused her Majesty's Authority :
(ESSEXSTATE-E2-P1,198.11)
and divers of the Confederates cry'd out , Kill them , kill them !
Thereby putting her Majesty's Council in fear of their Lives ;
(ESSEXSTATE-E2-P1,198.12)
and withal , left them with Sir Jo. Davis to keep safe ,
lest they themselves should miscarry in the City .
(ESSEXSTATE-E2-P1,198.13)
But , my Lord , I must tell you this by the way , that my Lord of
Essex can no way excuse nor shadow this his rebellious
Purpose , nor turn his Actions to any other intent :
(ESSEXSTATE-E2-P1,198.14)
for the sending of Temple his Secretary into
London the night before , manifesteth his determination ,
without Scruple or Question ; (ESSEXSTATE-E2-P1,198.15)
for by that means he was in hopes to have had the help of the Citizens
, her Majesty's most loyal and loving Subjects :
(ESSEXSTATE-E2-P1,198.16)
and he used not only his best endeavours to strengthen himself abroad ,
(ESSEXSTATE-E2-P1,198.17)
but also fortified his House at home with strong Defence and Ammunition
; all which were Tokens of his Inclinations to a sudden and unexpected
Rebellion , and were confirmed in the opinion of all the World , when
he withstood divers of her Majesty's Subjects standing in her
Highness's Right , and Defence of her Peace , against him and his
Confederates . (ESSEXSTATE-E2-P1,198.18)
Good my Lord , I beseech your Grace , and you my Lords that are the
Peers , to understand , That if any Man do but intend the Death of the
King , it is Death by the Law : (ESSEXSTATE-E2-P1,198.19)
for he is the Head of the Commonwealth , (ESSEXSTATE-E2-P1,198.20)
and all his Subjects as Members ought to obey and stand with him .
(ESSEXSTATE-E2-P1,198.21)
But as for this rebellion , being duly considered , it contains in it
many Branches of Treason , which are and will be directly proved :
which being found to be so , my Lords , who are their Peers , are to
find them Guilty . (ESSEXSTATE-E2-P1,198.22)
Hereof need {COM:sic} to be made no doubt , (ESSEXSTATE-E2-P1,198.23)
for it is more manifest than the Sedition of Catiline to
the City of Rome , (ESSEXSTATE-E2-P1,198.24)
and consequently England is in no less danger ;
(ESSEXSTATE-E2-P1,198.25)
for as Catiline entertained the most seditious persons
about all Rome to join with him in his Conspiracy , so
the Earl of Essex had none but Papists , Recusants , and
Atheists for his Adjutors and Abettors in their capital Rebellion
against the whole Estate of England .
(ESSEXSTATE-E2-P1,198.26)
My Lord , I much wonder that his Heart could forget all the Princely
Advancements given him by her Majesty , and be so suddenly beflinted ,
as to turn them all to rebellious Ends ; (ESSEXSTATE-E2-P1,198.27)
but it seems this overweighing a Man's own Conceit , and an aspiring
Mind to $wish {TEXT:wished} Honour , is like the Crocodile , which is
ever growing as long as he liveth . (ESSEXSTATE-E2-P1,198.28)
Your Lordships know in what sort they went into the City , with Armour
and Weapons , and how they returned to Essex-House again
, as you my Lord Admiral , and my Lord of Cumberland ,
with others of their honourable Peers do know ; which makes me wonder
they do not blush to be so forward to stand upon their Trials without
Confession , when their intended Treasons are in all Men's Judgments
palpable . (ESSEXSTATE-E2-P1,198.29)
For my part , my Lord , I can conjecture nothing hereby ;
(ESSEXSTATE-E2-P1,198.30)
and it will not easily out of my own conceit , but that there is some
further Matter in it than as yet appears ; (ESSEXSTATE-E2-P1,198.31)
but my hope is , that God of his Mercy , that hath revealed their
Treasons , will not suffer the rest of his or any others to the hurt of
the State , or prejudice to her Majesty's most Royal Person , whom I
pray God long to preserve from the hands of her Enemies .
(ESSEXSTATE-E2-P1,199.33)
Amen , cry'd the Earl of Essex and the
Earl of Southampton , (ESSEXSTATE-E2-P1,199.34)
and God confound their Souls that ever wished otherwise to her sacred
Person . (ESSEXSTATE-E2-P1,199.35)
Attorney Gen. May it please your Grace , the Lords Chief
Judges , which are the Fathers of the Law , do know that the Thought of
Treason to the Prince , by the Law is Death ; (ESSEXSTATE-E2-P1,199.36)
and he that is guilty of Rebellion , is guilty of an Intent by
the Laws of the Land to seek the Destruction of the Prince ,
and so adjudged Treason : (ESSEXSTATE-E2-P1,199.37)
and I will prove this unto your Lordships by two several Cases .
(ESSEXSTATE-E2-P1,199.38)
First , he raiseth Power and Strength in a settled Government ,
(ESSEXSTATE-E2-P1,199.39)
the Law will not suffer it , (ESSEXSTATE-E2-P1,199.40)
but it is construed as in case of High-Treason ;
(ESSEXSTATE-E2-P1,199.41)
he that doth usurp upon it , the Law doth intend that he hath purposed
the Destruction of the Prince ; (ESSEXSTATE-E2-P1,199.42)
he that doth assemble Power , if the King doth command him upon his
Allegiance to dissolve his Company , and he continue it , without any
question it is High-Treason : (ESSEXSTATE-E2-P1,199.43)
he that doth levy Forces to take any Town in the Prince's Dominions ,
it is so likewise . (ESSEXSTATE-E2-P1,199.44)
But my Lord of Essex hath levied Power to take the Tower
of London , and to surprize the Queen's own Court ;
(ESSEXSTATE-E2-P1,199.45)
then this must needs be higher than the highest ;
(ESSEXSTATE-E2-P1,199.46)
and he that doth fortify himself against the Prince's Power , must
needs be within the compass of Treason . (ESSEXSTATE-E2-P1,199.47)
And by your favour , my Lord of Essex , I will now speak
a word unto you , (ESSEXSTATE-E2-P1,199.48)
for I know you can speak as well as any Man ; (ESSEXSTATE-E2-P1,199.49)
That whereas you say the Law of Nature compelled you to do this , which
in judgment you have , tho' most treacherously attempted , I will in a
word disprove your own Judgment , admitting you must make that freely
your Argument . (ESSEXSTATE-E2-P1,199.50)
First , I will open the Quality of your Rebellion ;
(ESSEXSTATE-E2-P1,199.51)
Secondly , the Manner of it ; (ESSEXSTATE-E2-P1,199.52)
Thirdly , I will touch the Circumstances ; (ESSEXSTATE-E2-P1,199.53)
and Lastly , I will observe the Person . (ESSEXSTATE-E2-P1,199.54)
The Quality hath High-Treason ; for which I think I shall not need to
say any more . (ESSEXSTATE-E2-P1,199.55)
For the Manner of it , I hold it an unnatural Act for a natural Subject
to commit Treason against his natural Sovereign ;
(ESSEXSTATE-E2-P1,199.56)
and $me $thinks {TEXT:methinks} it $can $not {TEXT:cannot} be by any
probability denied , but that this High-Treason is , and must be ,
both-2 against the Law of God , Nature , and Reason .
(ESSEXSTATE-E2-P1,199.57)
And under your Grace's favour , my Lord , the manner of it being of so
high a Nature as it is , must needs be High-Treason , which was not
only carried in their Hearts , but , for a continual Remembrance , kept
in a black Purse , which my Lord of Essex wore on his
Breast next to his Skin . (ESSEXSTATE-E2-P1,199.58)
Let me note unto you , my good Lord , that they being both born under
the Government of this Princess , and so highly advanced by her
Majesty's Favour , should have trembled once to think of such a
Rebellion as they have enterprized . (ESSEXSTATE-E2-P1,199.59)
Doth not my Lord of Essex now enjoy his Earldom of
Essex by the Gift of Henry VIII. to his
Father ? (ESSEXSTATE-E2-P1,199.60)
Was not he made Master of her Majesty's Horse at twenty-two Years of
Age ? (ESSEXSTATE-E2-P1,199.61)
One of her Majesty's Council ? (ESSEXSTATE-E2-P1,199.62)
To be Earl Marshal of England ?
(ESSEXSTATE-E2-P1,199.63)
General of her Majesty's Forces in Ireland ?
(ESSEXSTATE-E2-P1,199.64)
And lastly , hath he not received divers Gifts and Sums of Money , to
his own use , of her Majesty's Gracious and Princely Bounty , to the
value of thirty thousand Pounds ? (ESSEXSTATE-E2-P1,199.65)
Yet all these were as cleverly forgotten , as if they had never been .
(ESSEXSTATE-E2-P1,199.66)
Now shall I shew you the Person whom this concerns , even her Majesty's
sacred Person , against whom their Attempts have been , only for the
undertaking of God's Cause , and exercising of Justice with admirable
Mercy ; (ESSEXSTATE-E2-P1,199.67)
and tho' I $can $not {TEXT:cannot} speak without reverent Commendations
of her Majesty's most honourable Justice , yet I think her overmuch
Clemency to some , turneth to overmuch Cruelty for herself :
(ESSEXSTATE-E2-P1,199.68)
for tho' the rebellious Attempts were so exceeding heinous , yet out of
her Princely Mercy , no Man was racked , tortured , or pressed to speak
any thing farther , than of their own accord , and willing minds , for
Discharge of their Consciences they uttered ; (ESSEXSTATE-E2-P1,199.69)
and then , to see the Mercy of God that will have the Truth known , it
is admirable beyond the Conceit of Man's Capacity :
(ESSEXSTATE-E2-P1,199.70)
for they being severally examined , notwithstanding , all agreed
directly , without varying . (ESSEXSTATE-E2-P1,199.71)
But when her Majesty sent a Counsellor of State to have the Earl come
before her , when she heard of his Rebellion , for no other end or
purpose but for his Admonishment , he refused to come ;
(ESSEXSTATE-E2-P1,199.72)
and having a guilty Conscience , and suspecting his Treasons were laid
open , took consultation to surprize the Court and the Tower of
London , all at one instant : (ESSEXSTATE-E2-P1,199.73)
and for this purpose , had appointed Blunt the Custody
of the Gates , Sir Jo. Davis of the Hall , Sir
Charles Davers of the Presence , and himself of her Majesty's
Person . Whereupon Blunt said , Ah ! What Humour shall
we find them in at the Court ? (ESSEXSTATE-E2-P1,199.74)
This was not all ; (ESSEXSTATE-E2-P1,199.75)
for the Earl he must call a Parliament , (ESSEXSTATE-E2-P1,199.76)
and he would decide matters , not making for his purpose :
(ESSEXSTATE-E2-P1,199.77)
but now in God's most just Judgment , he of his Earldom shall be
Robert the last , that of a Kingdom thought to be Robert
the first . (ESSEXSTATE-E2-P1,199.78)
And my Lord did not any whit amuse himself to give order , that if he
and his Complices should miscarry in London , then the
Counsellors which he caused to be imprisoned in his House , should be
slain . (ESSEXSTATE-E2-P1,199.79)
It was plain Treason in him to stand out , being by them charged to
dissolve his Company upon his Allegiance . (ESSEXSTATE-E2-P1,199.80)
What shall I need to stand upon further Proofs ?
(ESSEXSTATE-E2-P1,199.81)
It is so evident , (ESSEXSTATE-E2-P1,199.82)
and my Lord himself will not deny , but that he had a Schedule ,
containing in it divers of his Friends Names ; which , as I conjecture
, must needs contain some other matter , (ESSEXSTATE-E2-P1,199.83)
for he durst not let it come to light , (ESSEXSTATE-E2-P1,199.84)
but burnt it : (ESSEXSTATE-E2-P1,199.85)
and as for Owen , Salisbury ,
Davis and Tresham , they must have the guard of
the Lords of the Council , to use them at their pleasure .
(ESSEXSTATE-E2-P1,199.86)
Essex . Will your Lordships give us our turns to speak ,
(ESSEXSTATE-E2-P1,199.87)
for he playeth the Orator , (ESSEXSTATE-E2-P1,199.88)
and abuseth your Lordships Ears and us with Slanders ;
(ESSEXSTATE-E2-P1,199.89)
but they are but fashions of Orators in corrupt States .
(ESSEXSTATE-E2-P1,199.90)
Considering some Privileges which we might challenge , equal Answers
and equal Hearing were indifferent ; (ESSEXSTATE-E2-P1,199.91)
for unless it will please your Lordships that we might answer to every
particular , we shall soon confound our own Memories , and give Liberty
and Advantage to our Enemies whereupon to lay hold , for lack of
precise Answer to each particular Objection . (ESSEXSTATE-E2-P1,199.92)
And seeing now , my Lord , you have undertaken the place of a Judge , I
beseech you , as you prove against us , we for our selves may answer
what may fall out to be fit . (ESSEXSTATE-E2-P1,199.93)
Here the Lord of Essex was interrupted , and not allowed
to speak , until Henry Witherington 's Examination was
read , which imported thus much : (ESSEXSTATE-E2-P1,199.94)
Witherington's Examination . (ESSEXSTATE-E2-P1,200.96)
That upon the Sunday morning he was sent for to Essex-House
, where he found the place guarded with many Gentlemen in Arms
, who told his Uncle that came in his Company , that he feared they
were come into an ill Action ; (ESSEXSTATE-E2-P1,200.97)
my Lord of Essex bad them very welcome ,
(ESSEXSTATE-E2-P1,200.98)
and intreated him to go with him , (ESSEXSTATE-E2-P1,200.99)
for he feared hurt of some private Enemies . (ESSEXSTATE-E2-P1,200.100)
And when Mr. Witherington perceived the Council were
stayed , he feared danger to them ; (ESSEXSTATE-E2-P1,200.101)
for he heard some bid , Stab them ; and others ,
Let us make an end of them , (ESSEXSTATE-E2-P1,200.102)
we shall have the fewer to deal withal .
(ESSEXSTATE-E2-P1,200.103)
And he proves further , that order was left , That if the Earl should
miscarry in London , then the Lord Keeper and the Lord
Chief Justice should be killed , (ESSEXSTATE-E2-P1,200.104)
and also when the Council had commanded him , upon his Allegiance , to
dissolve his Forces , he answered nothing : (ESSEXSTATE-E2-P1,200.105)
he likewise saw my Lord of Bedford brought in that
morning ; (ESSEXSTATE-E2-P1,200.106)
and Mr. Witherington , fearing he might be drawn on to
his Destruction , prayed him only to follow him ,
(ESSEXSTATE-E2-P1,200.107)
for when opportunity served in London , they would leave
the Troop ; (ESSEXSTATE-E2-P1,200.108)
and that they followed the Earl into London , and on a
sudden lost him . (ESSEXSTATE-E2-P1,200.109)
Essex . I will not I protest to God
speak to save my Life ; (ESSEXSTATE-E2-P1,200.110)
for those that prosecute it against me , shall do me a good turn to rid
me of my Misery , and themselves out of Fear .
(ESSEXSTATE-E2-P1,200.111)
As for Mr. Witherington , he does much disparage himself
if he saith so , (ESSEXSTATE-E2-P1,200.112)
for I protest to God upon my Salvation , I never heard such Words as
Kill him , kill him :
(ESSEXSTATE-E2-P1,200.113)
and Mr. Witherington came voluntarily to my House ,
unsent for , (ESSEXSTATE-E2-P1,200.114)
and in the forenoon did come into our Company ,
(ESSEXSTATE-E2-P1,200.115)
and took to heart as much as we did whatever we went about :
(ESSEXSTATE-E2-P1,200.116)
and these are but Reports , (ESSEXSTATE-E2-P1,200.117)
for he that is the Witness , is now sent into the Country about some
Employments . (ESSEXSTATE-E2-P1,200.118)
But if it had been a Secret , Mr. Witherington being
privy thereto , might have been a good Witness ;
(ESSEXSTATE-E2-P1,200.119)
but being so openly spoken , as you say a hundred more
might have testified it , (ESSEXSTATE-E2-P1,200.120)
yet none spoke it besides . (ESSEXSTATE-E2-P1,200.121)
And as for locking up the Council , I protest to God it was done in
Charity , and without Disloyalty , but intending only to save them ,
lest they should take hurt ; considering the People abroad in the
Streets , with a great and sudden Outcry , said , We shall be
slain . At which time we thought our Enemies had been come to
beset the House , (ESSEXSTATE-E2-P1,200.122)
for my intent was no otherwise than Loyal to her Majesty and them .
(ESSEXSTATE-E2-P1,200.123)
The Lord Keeper , the Earl of Worcester and the Lord
Chief Justice Popham , proved in Court upon their
Honours , that they heard the words Kill them ,
(ESSEXSTATE-E2-P1,200.124)
kill them ; (ESSEXSTATE-E2-P1,200.125)
but they would not charge my Lord of Essex that they
were spoken either-1 by his Privity or Command .
(ESSEXSTATE-E2-P1,200.126)
The Declaration of the Lord Keeper , the Earl of
Worcester , and the Lord Chief Justice of
England . (ESSEXSTATE-E2-P1,200.127)
Upon Sunday , being the 8th of February last past ,
about ten of the Clock in the forenoon , the Lord Keeper of the Great
Seal , the Earl of Worcester , Sir William
Knollis Comptroller of her Majesty's Houshold , and the Lord
Chief Justice of England , being commanded by direction
from the Queen's Majesty , did repair to the late Earl of Essex
's House ; (ESSEXSTATE-E2-P1,200.128)
and finding the Gate shut against them , after a little stay they were
let in at the Wicket . (ESSEXSTATE-E2-P1,200.129)
And as soon as they were within the Gate , the Wicket was shut upon
them , and all their Servants kept out . (ESSEXSTATE-E2-P1,200.130)
At their coming thither , they found the Court full of Men assembled
together in a very tumultuous sort : The Earls of Essex
, Rutland and Southampton , and the Lord
Sandys ; Master Parker , commonly called
Lord Mounteagle , Sir Christopher Blunt ,
Sir Charles Davers , and many other Knights and
Gentlemen , and other Persons unknown , which flock'd together about
the Lord Keeper , &c . (ESSEXSTATE-E2-P1,200.131)
And thereupon the Lord Keeper told the Earl of Essex ,
that they were sent from her Majesty , to understand the cause of this
their Assembly , and to let them know , That if they had any particular
cause of grief against any persons whatsoever , it should be heard ,
and they should have Justice . (ESSEXSTATE-E2-P1,200.132)
Hereupon the Earl of Essex with a very loud Voice
declared , That his Life was sought , and that he should have been
murdered in his Bed ; that he had been perfidiously dealt with ; that
his Hand had been counterfeited , and Letters written in his name ; and
that therefore they were assembled there together to defend their Lives
: with much other Speech to like effect . (ESSEXSTATE-E2-P1,200.133)
Hereupon the Lord Chief Justice said unto the Earl , That if they had
any such matter of grief , or if any such matter were attempted or
purposed against him , he 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 Justice should be done , whomsoever it
concerned . (ESSEXSTATE-E2-P1,200.134)
To this the Earl of Southampton objected the Assault
made upon him by the Lord Gray . Whereunto the Lord
Chief Justice said , that in his case , Justice had been done , and the
Party imprisoned for it . (ESSEXSTATE-E2-P1,200.135)
And hereupon the Lord Keeper did eftsoons will the Earl of Essex
, that whatsoever private Matter or Offence he had against any
Person whatsoever , if he would deliver it unto them , they would
faithfully and honestly deliver it to the Queen's Majesty , and doubted
not to procure him honourable and equal Justice , whomsoever it
concerned : requiring him , that if he would not declare it openly ,
that he would impart it unto them privately , and doubted not but they
would satisfy him in it . (ESSEXSTATE-E2-P1,200.136)
Upon this there was a great Clamour raised among the multitude , crying
, Away , my Lord , (ESSEXSTATE-E2-P1,200.137)
they abuse you , (ESSEXSTATE-E2-P1,200.138)
they betray you , (ESSEXSTATE-E2-P1,200.139)
they undo you , (ESSEXSTATE-E2-P1,200.140)
you lose time . (ESSEXSTATE-E2-P1,200.141)
Whereupon the Lord Keeper put on his Hat , and said with a loud Voice ,
My Lord , let us speak with you privately , and understand your griefs
: (ESSEXSTATE-E2-P1,200.142)
and I command you all upon your Allegiance , to lay down your weapons ,
and to depart , which you ought all to do , being thus commanded , if
you be good Subjects , and owe that duty to the Queen's Majesty which
you profess . (ESSEXSTATE-E2-P1,200.143)
Whereupon they all brake out into an exceeding loud shout and cry ,
crying , All , all , all .
(ESSEXSTATE-E2-P1,200.144)
And whilst the Lord Keeper was speaking , and commanding them upon
their Allegiance , as is before declared , the Earl of Essex
and the most part of that company did put on their Hats ;
(ESSEXSTATE-E2-P1,200.145)
and so the Earl of Essex went into the House ,
(ESSEXSTATE-E2-P1,200.146)
and the Lord Keeper , &c. followed him , thinking that
his purpose had been to speak with them privately , as they had
required . (ESSEXSTATE-E2-P1,200.147)
And as they were going , some of that disordered Company cried ,
Kill them . (ESSEXSTATE-E2-P1,200.148)
And as they were going into the great Chamber , some cried ,
Cast the Great Seal out of the Window .
(ESSEXSTATE-E2-P1,200.149)
Some other cried there , Kill them ;
(ESSEXSTATE-E2-P1,200.150)
and some other said , Nay , let us shop {COM:sic} them up
. (ESSEXSTATE-E2-P1,200.151)
The Lord Keeper did often call to the Earl of Essex to
speak with them privately , thinking still that his meaning had been so
, until the Earl brought them into his back Chamber , and there gave
order to have the farther door of that Chamber shut fast .
(ESSEXSTATE-E2-P1,201.153)
And at his going forth out of that Chamber , the Lord Keeper pressing
again to have spoken with the Earl of Essex , the Earl
said , My Lords , be patient a while ,
(ESSEXSTATE-E2-P1,201.154)
and stay here , (ESSEXSTATE-E2-P1,201.155)
and I will go into London , and take order with the
Mayor and Sheriffs of that City , (ESSEXSTATE-E2-P1,201.156)
and will be here again within this half hour .
(ESSEXSTATE-E2-P1,201.157)
And so departed from the Lord Keeper , &c. leaving the
Lord Keeper &c. and divers of the Gentlemen Pensioners
in that Chamber , guarded by Sir John Davis ,
Francis Tresham , and Owen Salisbury , with
musket-shot , where they continued until Sir Ferdinando Gorges
came and delivered them , about four of the Clock in the
afternoon . (ESSEXSTATE-E2-P1,201.158)
In the mean time we did often require Sir John Davis ,
and Francis Tresham , to suffer us to depart , or , at
the least , to suffer some one of us to go to the Queen's Majesty , to
inform her where and in what sort we were kept .
(ESSEXSTATE-E2-P1,201.159)
But they answered , That my Lord meaning the
Earl of Essex had commanded that we
should not depart before his return , which they said
would be very shortly .
(ESSEXSTATE-E2-P1,201.160)
Thomas Egerton , C. S. Edward Worcester . John Popham .
(ESSEXSTATE-E2-P1,201.161)
All which the Lord Chief Justice Popham attested ,
viva voce . (ESSEXSTATE-E2-P1,201.162)