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)