State Trials: Political and Social (Complete)

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Item s unavailable for purchase. Please review your cart. You can remove the unavailable item s now or we'll automatically remove it at Checkout. Continue shopping Checkout Continue shopping. Chi ama i libri sceglie Kobo e inMondadori. Free eBook Add to My Books. Ratings and Reviews 0 0 star ratings 0 reviews. The historical interest of the MS. As to the first matter, the reader must bear in mind that when Essex came into court, he was not aware that the Government could prove anything against him except his conduct at his own house, and in the city.

This he might hope to excuse by his first plea of the necessity for self-protec- tion against his personal enemies; but at the end of Coke's opening speech he learns that the Government know of the plotting at Drury House, and as the witnesses are called he finds they can prove it. This throws him back to his second plea, that his intention was only to pro- cure an opportunity for a personal appeal to the Queen. As to Bacon, the MS. The procedure followed was plainly of the loosest possible kind.

Essex was defending himself more or less at random, and Coke's bad temper and virulence led him to follow up his enemy wherever he went. If Bacon's cool head and clear mind did not procure the verdict, they must at all events have been a most important feature in the trial. To show how the differences between the various reports bear on the trial, or to discuss its details further, would be out of place here ; but if any of my readers feel inclined to look further into a most curious story, they will find in Spedding's Letters and Life of Bacon the best critical account of a trial with which I am acquainted.

I have drawn on that account with some freedom in the notes to this trial; it is also from the s;;me work that I learned of the existence of the Helmingham MS. The Arraignment, conviction and condemnation of Bob. There was built for that daye at the upper end of Westminster Hall a Scaffold in forme of a Court or Tribunall some ij yards high, and about vi yardes 1 Thomas Sackville, first Earl of Dorset, and Baron Buck- hurst , was the son of a wealthy knight of Sussex. He was created Lord Buckhurst in , the year after his father's death, and was subsequently employed on various diplomatic missions.

He was nominated as a Commissioner for the trial of Mary Queen of Scots ; and though he did not sit at her trial, he was sent to Fotheringhay in to announce to her the sentence of death. He was sent to Holland in , after Leicester's expedition, to explain to the Dutch that Elizabeth was unable to afford them any more assistance ; but on Elizabeth chang- ing her mind, he was disgraced.

He was, however, soon restored to favour, and succeeded Burghley as Lord-Treasurer in He continued in favour in James's reign, and was created Earl of Dorset in He built a great part of Knole House as it now stands. In his youth he wrote a certain quantity of poetry, of which The Mirror, or rather the earlier part of it, is the best-known work. On the South and North partes of this Court weare Benches lined with greene Cloth, for the Peers to sitt uppon, whoe weare placed in their Order, eche observinge a second course with the like on the opposite parte. As first the anncientest in Nobillitie or Highest in Dignitie; on the South parte beinge the right hand of the Lord High Steward, then the next anncientest on the North parte beinge the left hand, and so by tourne to the lowest.

On the East parte opposite to the Chaire of Estate was framed a barre or pewe rayled round for the twoe prysoners. On the North side whereof was the Entrance into ye Court which was leadd too by a longe Gallerie about 10 foot wide of equall hight wth. In the middest of this Court was raised a square table about one ffoote higher then the Ground of the Scaffold, covered with greene cloth, about which was lett in a narrowe place where the Judges and Queenes Counsell sate,, before the prisoners and peers: The Judges weare devided some sittinge on the South some on the Northe side of the Table before ye Peers.

Justice ffenner 4 p. Bacon Justice Kingsmill 7 p. In the morninge about 8 or 9 of the clocke most 1 Popham, L. Otherwise nothing is known of him till he was made a serjeant in , two years after which he was raised to the bench in the Common Pleas. In he became Chief Baron, in the enjoyment of which office he died in His third wife who had had two previous husbands was the benefactor of Balliol. In the next year he succeeded his brother as a judge of the Queen's Bench, and took part in the trials of Perrot in , of Essex at York House , and of Raleigh He became Chief Justice of the Common Pleas in Foss suggests that he owed his first promotion to the marriage of his daughter with Hatton's nephew, and his second to the marriage of that daughter's daughter to Rich, the second Earl of Warwick ; he also points out that a somewhat inept remark in Raleigh's trial vol.

High Steward repayred to the Hall with 7 mases and a longe white Rodd borne before him accompanied with the Rest of the Peers, savinge the Lo: Thomas Howard, Constable of the Tower, who about halfe an hower after the Peers weare sett brought Robert Erie in The only remarkable trial with which he seems to have been in any way connected besides the present one, was that of John Udall , 1 State Trials, He represented his native county in the House of Commons in , and was raised to the Bench in the Common Pleas in He sat on the Com- mission which tried Essex at York House , and on that which tried the persons accused of complicity in the ' Bye ' plot , see vol.

When Calvin's case was argued in the House of Lords he, alone of the judges, dissented from the judgment of the majority. He kept an account- book of his expenses on the "Western Circuit during five years, which is curious Camden Miscellany, vol. He tried Udall for libel at Croydon in , 1 State Trials, He represented North- amptonshire in the House of Commons more than once, was appointed Recorder of Northampton before , Speaker in , and became a serjeant in , and Queen's serjeant, in which capacity he appeared in this trial in He became a judge in the King's Bench in , and was knighted on the accession of James i.

The Erie of Essex was apparrelled in a Blacke Satten Sute, a wrought vellvett Gowne of the same coullour, a blacke ffelt hatt faced with vellvett, a Ruffe Band with a Syngle sett, and a fall underneath it. The Erie of Southampton hadd on a Sadd coullered sute of ffustian or like stuff, a Gowne of Cloth with longe slender sleeves wherein he held his handes for the most parte of that daye. When the Erles mett they saluted eche other at the Barre with Kynde and cheerefull salutacion.

The Erie of Essex, his Countenance was all that daye verie cheerfull and confydent. The other Erles somewhat sadd, but without dismay: The Courte beinge sett one of the Sergants of the Mace made an Oyes, sayinge. Highe Steward straightly chargeth and commandeth all persons present to keepe sylence, and heare her Maities. Commyssions readd oppon payne of Imprison- ment. Then weare ij Commissions readd: The first Commission autthorizinge the Lo: Highe Steward to be Judge of their Causes. The other of Oyer and terminer of Treasons, ffellons, etc.

By vertue whereof the Inditementes weare founde. Then made he a second Oyes sayinge. Highe Stewarde chargeth and Commandeth allJustices, Commissioners and other persons which have anie writtes to them directed, by the Lord Highe Steward for the Certify inge of anie Inditementes that they retourne their writtes, and bringe in their Indite- VOL.

Then the Sergant made another Oyes sayinge Livetenanntes of the Tower retourne thy writ to thee directed, and then livetenant of the Tower bringe in thy prysoners, Robert Erie of Essex and Henry Erie of Southampton accordeinge to the tenour of the same precept to the Barre. Then makmge another Oyes, he said, all Erles, Vicountes, Barons, Peers of this Realme of England, sommoned to be heere this daye for the triall of Robert Erie of Essex and Henry Erie of Sowthamptori, Annsweare to your names as you shalbe called and heereaboutes the Erie of Essex said, My Lordes I could have thought and wisht that this matter might have benn rather censured in the Starre Chamber, as a mysdemeanour then heard heare as a matter of treason.

To which nothinge was aunswered but the Lordes called as followeth: Edward Erie of Oxford. Erie of Shres- bury. William Erie of Darby. Henry Erie of Worster. George Erie of Cumberland. Robert Erie of Sussex. Edward Erie of Hartford. Henry Erie of Lincolne. Charles Erie of Nottingham. The Lord de la Ware. Thomas Lord Gray Wilton. They were all courtiers, and could probably at the time have all been classified as Essex's friends or enemies. Among the former we may reckon Lord Chandos Shandowes , who visited Essex at his house on the morning of the day of his insurrection, whose son was arrested as one of Essex's accomplices, but liberated without being tried, and to whose niece, Elizabeth Brydges, Essex had paid sufficient attention to arouse the jealousy of the Queen ; also perhaps the Earl of Suffolk, who had been knighted by Essex on his Cadiz expedition.

Nottingham, better known as Lord Howard of Effingham, had insisted on returning home after Essex had taken Cadiz, without attempting to intercept the Spanish treasure fleet, and a definite quarrel had arisen in consequence. Burleigh eldest son of the great Burleigh no doubt shared in the family feelings about Essex, and had in fact seized the opportunity of an absence from his post of President of the Council of the North for taking a leading part in the suppres- sion of Essex's insurrection.

Grey, after serving under Essex in the Azores expedition, had quarrelled bitterly with both Essex and Southampton in Ireland, and a few weeks before the trial had been committed to the Fleet for assaulting Southampton in the street. It was indeed this assault which gave Essex an opportunity of declaring that his life had been in danger. Essex's relations to Lords De La AVare and Morley were certainly of a delicate kind, as he had to some extent implicated their sons in his treasonable schemes. Altogether it seems probable that Essex would have had a fairer trial if he had not been tried by his peers.

My Lord Highe Steward I desire to be resolved in this point that whereas everie private man at his triall of life and death by a Jurie of xii men may have his challenge to suche of the Enquest as he thinketh unequall or not indifferent in his cause. Soe whether I and my fellowe the Erie of Sowthampton Submittinge our- selves here to the consciences of these honorable men maye not likewise have our challenge onto soche of them as wee knowe to bee our professed enemies. Aunswere was made, that it was never scene that there should bee anie challenge admitted of suche the exciting nature of the politics of the time that out of the peers who tried this case three had been in serious trouble themselves: The Earl of Shrewsbury had been imprisoned by the Star Chamber in for harsh dealings with his tenants ; the Earl of Hertford had been deprived of his title of Duke of Somerset by a special Act of Parliament 5 Edw.

As to Raleigh's end, and the condemnation of Grey and Cobham, see the report of Raleigh's trial in vol. Grey died in after eleven years' imprisonment in the Tower; Cobham died in , having been released from prison the year before. The Erie aunswered he was contented and Mr. Attourney vouched a case of ye Lord Dacres in the same point against the Erie. The Sergant proceeded in the demaunding the Lords. And after the call ended, The Erles weare commanded to hold up their handes.

The Erie of Essex with a bould countenance first castinge up his hand sayd I have held up my hand to better purpose, and thought to have donn so againe ; after the Erie of Sowthampton held up his hand. Then there weare readd ij severall Inditementes of these Erles, the one found before my Lord Mayor and Sir John ffortescue, Commissioners with others in London. Controuller 1 Thomas Egerton, first Baron Ellesmere , an illegitimate member of an old Cheshire family, was educated at Brasenose, called to the bar, became Solicitor- General in , and appeared as such in the trial of Tilney, who was tried for complicity in Babington's plot , the proceedings against Mary Queen of Scots , and the trials of Davison and Arundel He became Master of the Rolls in , and succeeded Puckering as Lord Keeper in ; holding the two offices together till the end of the Queen's reign.

After Lord Burghley's death he shared with Sir Robert Cecil the full confidence of the Queen on all matters relating to general politics. He was Tparticularly concerned in this trial. He seems to have been an intimate friend of Essex from the first, and to have remained faithful to him to the last ; his son served under Essex in the Azores expedition, and in Ireland, where he was killed. Essex was committed to his custody at York House; he presided at a preliminary meeting of the Star Chamber held to vindicate the proceedings of the Government as against Essex, and at the Commission before which Essex was actually tried for his proceedings in Ireland.

Here, to quote Lord Campbell, 'when he had to sit judicially upon his case,' he 'tempered justice with compassion, preserving a proper medium between the duty of the magistrate and the generosity of the friend. His share in the events connected with Essex's insurrection is described in the text ; it is to be observed that as he was not a peer he was not a member of the Court.

After the Queen's death Egerton joined in proclaiming James, who appointed him Lord Chancellor, and raised him to the peerage as Baron Ellesmere. He was not reappointed Master of the Rolls, in which post he was succeeded by Lord Kinloss, a Scotch favourite. He did what he could to establish the authority of the Court of High Commission, and was prominent in the proceedings which led to the dismissal of Coke and the strengthening of the royal prerogative.

He was discreditably connected with the Overbury case, first, by promoting the divorce of the Countess of Essex, and next, by participating in the acquittal of the Earl and Countess of Somerset after they had been convicted before him as Lord High Steward. His health was failing at the time of his final dispute with Coke, and he died at York House in , shortly after having been created Viscount Brackley.

Apart from politics his reputation, as a judge stands very high. He was sufficiently interested in literature to have been a friend to Spenser, and the first representation of Othello before Elizabeth took place at his house at Harefield. While Comus was written in honour of his son's family, it seems likely the infant Milton may have met Lord Chancellor Ellesmere.

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From him were descended the Dukes of Bridgwater, and through the female line some thirty-five peers, a list of whom may be found in the Lives of the Chancellors, concluding with the name of Campbell. His wife being a Howard, his name was mentioned in connection with the Overbmy poisoning case, but without damage to his reputa- tion. He became Earl of Banbury in ; and the paternity of his wife's children was the foundation of the numerous suits culminating in the Banbury case of John Davis, Knight, Thomas Tresham, 1 Owen Salisbury and others with commaundement that they should kill the said prisoners yf they offered to escape out of their handes, or yf thou the said Erie of Essex chaunced to myscarrie in this action of Rebellion.

And heere- uppon you the said Erie of Essex and Sowthampton accompanied with divers Earles, Barons, Knightes, Esquiers and gentlemen, to the nomber of syxe score armed with sundrie Targattes, daggs, halbertes and divers other unlawfull weapons, the same morninge issued into her Maiesties cittie of London with purpose there to raise tumultes and gather nombers of people for the effectinge of your trayterous attempt and thereafter sundrie proclamacions made to the con- trarie you the said Erles contynued in Armes, Killinge divers of Her Maiesties subjectes and retorninge to the house of the said Robert Erie of Essex, you there refused to yeeld to her Maiesties Liuetenaunt con- tynuinge in hostile manner to resist the force of her Maiestie sent to represse and apprehend you, etc.

He was released from imprisonment on the payment of a substantial fine by his father, and lived to take an active part in, and probably to betray, the Gunpowder Plot. He died in prison before he could be tried. In the tyme of the readinge of these Inditementes the Erie of Essex behaved himself with a light and careles countenance,, actinge passions of admiracion also as liftinge up his handes and shakinge his hedd blessinge himselfe as it weare at the straungnes of these accusacions, though silent duringe the whole time not uttering one word of interruption onlie some private speeches he made to the Earle of Sowthampton who carried a settled and sober countenaunce.

Heere the Earles weare willed to hold upp their handes againe, and beinge severallie demaunded to the Inditementes what they could saye for themselves aunswered, Not guiltie, and by whom they would be tried Sayd by God and their Peers. The Erie of Essex added for his parte he didd nothinge but what the Lawe of Nature and reason forced hym onto. Heere my Lord Steward seemed rather to excuse his sparinge of speeche then purpose to speake muche, for though he should have used manie wordes to them he sayd yet all should have been to declare the occasion of their meetinge and to admonishe them of the waightines of the cause, they hadd in hand.

But their Lordships needed not informacion, and so he committed the consyderacion thereof to their honorable wisdoms. Ambition he shewed so possessed him that he could never be satisfied, the more favours and honours he hadd, the more still he coveted, and this humor ever increased in him, as they saye of the Crocodill that he groweth still till his death.

The treasons beinge so apparent, for my parte I coniecture that there is some further matter in it, but my hope is that God whoe is mercifull and hath revealed these treasons will not suffer the rest or anie other to the hurt of the state, or touche of her Maiesties Royall person, whom I beseech God longe to preserve from the handes of her enemies. Amen cried the Erles prisoners, and con- found their soules that ever wished otherwise to her sacred d person. Attourney suddenlie risinge upp spake to this purpose ; Whereas my Lord of Essex hath affirmed that he did nothinge but that he was constrayned onto by the lawes of Nature and Reason, I will proove it plainlie that it is against the Lawes of Nature, positive and divine, that which he intended to have donn viz.

Maye it please your grace, the Lord Judges whoe be the fathers of the Lawe doe knowe that the intent of treason to the prince by the Lawe is death, and it is my position that without controversie Rebellion is more then highe treason, for he that is guiltie of Rebellion is guiltie of an intent by the Lawes of this land to seeke the destruction of the prince, and that in twoe thinges ; first in that he will not suffer the prince to raigne over the people as by right he ought. Secondly in that he himself usurpeth sovereigntie which he hath no right to. This foundacion laied, I am to proove rebellion to bee in this acte against which their sic is no coullour, he that doth usurpe uppon the princes auctoritie the lawe intendes that he pur- poseth the destruccion of the prince.

He that doth 28 STATE TRIALS assemble power against ye princes comaundement and contynewes in armes, no doubt is guiltie of Highe treason in usurpinge the princes auctoritie ; he that doth levie forces to take anie towne, fort or hoult against the prince committeth treason. But my Lord of Essex intended to take by powerfull hand not onlie a towne, but a cittie, not a cittie alone but London, the cheef cittie, and not onlie London but the Tower of London the strenght of the Realme ; and not onlie the Tower of London, bnt the Royall pallace and person of the prynce, and take awaye her life, this is against the lawe of nature, and it is to be counted amongst the cryinge sinnes.

Heere beinge longe silent with wonderinge and passionate gestures the Erie of Essex spake. God lett me never live or breath, yf ever I thought worse to my soveraigne then to myne owne soule, but then the Lord Highe Steward wishinge the Erie not to be too confident till he heard all, he replied thus. That it was not affectacion or vainglorie, nor trust to the strenght of his reason nor anie oppinion that philozo- phie hadd bredd in him, but the innocencie of his conscience that made him bee confydent.

Attorney contynewed this treason was Armata iniquitas and premeditated, for there was a little blacke bagge wherein was contayned the whole plott which the Erie wore about his necke. And for a full vewe of the heynousnes of this rebellious acte I pray your Lordships consyder the qualitie of the offence, the persons the manner and circumstances ; the qualitie you see to be highe treason of as highe nature as anie. Howell , and yet all these weare as clearlie forgotten as iff they hadd never bean.

And nowe for the person offended. It was his Sove- reigne Queene, a prince that is the defender of Godes true Religion, a prince administringe Justice with admirable mercy, a prynce full of magnanimitie and all heroicall vertues ; and though I cannot speake it without reverent comendacions of her Maiesties honorable disponcion, yet I thincke her overmuche clemencie to some tourneth to overmuche crueltie to herself. Nowe for the manner and successe of this treason, he would showe howe wonderfullie it was discovered, and they in all their plottes revealed, not one man beinge racked or offered torture.

Her Maiestie understandinge of so greate a confluence as was late used togather to his house, sent a Counsel- lour to call him before some of Her Maiesties Counsell that he might be admonisht to carrie himself more soberlie and warilie in his state. But the Earl came not as beinge guiltie of his owne practizes, straight- waye strengtheninge himself, for he hadd plotted to surprise the Court, and hadd disposed of the severall places thereof to be guarded by speciall persons about him. This was not all for then the Erie would call a parlia- ment and there decide matters that weare for his purpose.

Yet her Maiesties continewinge to expect what the Erie would doe resolved to send once more unto him. Controuller, the Erie of Worster with Ireland, where he was one of Essex's chief advisers, but was converted to Roman Catholicism. The intimate political relations existing between them are shown by this trial and Blount's confession in his own trial see State Trials, vol.

Blount married the widow of Essex's father, who had already married the Earl of Leicester as a second husband. He was tried and executed for his part in Essex's undertaking in the month after this trial. His widow survived him thirty-four years.

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Sir Charles Danvers and his brother Henry were both outlawed in consequence, though they were pro- tected, as far as might be, by the Earl of Southampton, of this trial. After a few years' residence in France they were pardoned, and Sir Charles accompanied Essex to Ireland, but was wounded in an early engagement.

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He seems to have been drawn into Essex's plot by Southampton and Blount. He was tried for treason, pleaded guilty, and executed for his share in it. But he layd hold on them and imprisoned them, puttinge them in daunger and in feare of their lives. Then issued he out passinge through the streetes of London to Sheriff Smythes house, publishinge as he went that his life was sought and the Kingdome sold to the Kynge of Spayne.

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And in this sort he passed through the cheefest streetes in London. But for all his popularitie and these pretences, he hadd not one cittizen to assist or followe hym, armed when faylinge of his purpose he returned home to his house and myssinge his prisoners being in a desperate estate he burnt the Schedule, wherein was contayned his whole confederate and allso divers papers, that his purpose might not be discovered. But God revealed them. And all this he sayd he would proove, as cleere as the sonne by the evidence which he offered to shewe, beinge for ye most parte Examynacions of suche as weare of the confederacie all severed in pryson, but agreeinge in the cheef pointes of their confessions.

Then the Lord of Essex spake: Will your Lord- ships give us our turne to speake, for he playeth the Orator, and abuseth your Lordships eares, and us with slaunders, and they are but fashions of corrupted states, or the corrupt Instruments of corrupted States, banished out of other Kyngdoms, and I desire your Lordships that wee maye aunswere to the accusaccions in generall, and then to the particular evidences, they beinge so manie as will treble their weake memories uppon so short warninge.

Yf this might not be suffred then desyred he the Companie to suspend their Judgmentes till they hadd their aunsweares. But uppon advice of the Lord Cheef Justice it was graunted. And the Erie spake to this effecte, that whatsoever he said that daye he desired their Lordships and all the hearers present to accept gratiouslie with equall censures of their consciences. And yf that anie thinge by the earnestnes of his speeche or default or weaknes of his memorie in that case amonge the multitude of his occasions of aunswere to all manner of oppositions and ye varietie of his examynacions should slipp fourth to his dissad- vantage which should be contrarie to the truth of his sinceere hart that it might riot be taken hold of with rigrous severitie ; but charitablie understood with just and true construction.

And yf anie thinge upon the same reason of defect on his parte should be over- slipt and left out necessarie for his justificacion he might not be prevented with injurious tauntinge or catchinge, or too speedie excepcion of what was past but with good leave and honorable courtesie he might add and supplie so muche as was truth and right, then would he require all men that hadd auctoritie or interest to speake against him that daye, to speake freely and home to the uttermost. He said againe that he protested before the Almightie God, before Whom he should shortlie appeare, that he would not speake one word in hope or desire of life, for he much rather wished to die, and that speedilie even yf it weare on ye morrowe, and thereby he should gaine the greatest good that might bee, for he should be ridd of a contynuall miserie, and his enemies of their daylie feare.

But he sayd that all he would saye should be uttered for their sakes, whose honorable and gentle lives and estates he did THE EARL OF ESSEX 33 tender above his owne, and for the savinge of his creddit and reputacion, concerninge his conscience towardes God and fidelitie and true alleadgaunce towardes her Maiestie whom humblie he prayed God to blesse with happines and confound them that wished otherwise to her person or dignitie.

And for the wipinge awaye of those foule spottes and staynes usually cast upon persons accused by their accusers, that he might cleere that name of his which he never desired should be other then honorable and unnatainted of all disloyalltie, for which yf he could but soe muche effect of belief in the soules and consciences of those honorable men and other people hearers, as his heart did knowe, and God above should Judge and wittnes at another Barre, then would he goe as cheerfullie to his expected death as to the thinge he desired above all thinges in this world.

Heere begann the Evidences to be readd, and first the examinacion of Withrington of the North, whoe as he said came to Essex House on Sunday morninge the 8 of ffebruarie and findinge that assemblie sought to sever the Erie of Bedford from them but could not, and therefore went into the Cittie with them, of purpose to withdrawe the saide E.

In the meanetyme he had heard divers lewd and mutinous speeches by some of the E. To this ye Erie of Essex aunswered that Mr. Withrington was not present himself, but his ex- VOL. Withrington did muche disparage himself yf he said soe, ffor I protest to God, upon my Salvation I never heard suche wordes as Kill them, Kill them, and Mr. Withrington came to my house voluntarie, unsent for, and for anie thinge I perceaved as forward he was in the action as anie with the Erie of Bedford. And the first time I mist them was at our stand in Gratious streete.

And further I desire Your Lord- ships to consider what a man in daunger and feare as Mr. Withrington is may speake and for those speeches I hate and detest them, but these wordes beinge so openlie spoken a hundredd more might testifie it. Then the Lord Cheef Justice rose upp and beinge sworne begann to speake, the whole Court wishinge his Lordship to speake the whole truth at large. He reported howe the Lord Keeper deliveringe the Message from the Queene to disperse that Riottous companie and submitt himself to her Maiesties Com- mandement, the Earl refused so to doe and carried them into a room apart, as though he would have spoken with them in private, but there he left them and the dore was shutt upon them.

He told further that lookinge thorough the dore he sawe some stand with muskattes readdie bent and mattches on light at the dore. He told of manie insolent speeches as some would saye, Kill them, Kill them, we shall have the lesse to doe, they will betray us by delayinge us. He could not tell whoe it was but one he marked, a younge man in a white satten doublett to use suche wordes.

Afterwardes my Lord being longe from them the Lord Cheef Justice asked a gentleman what was become of the Earl of Essex. Fardinando Gorge freed them. After describing how they found Essex's house shut, and how they were ultimately let in, but without their servants, the declaration goes on: Blunt, sir Charles Davers, and many other knights and gentlemen, and other persons unknown, which nocked together about the Lord Keeper, etc.

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. 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.

To this the earl of Southampton objected the assault made upon him by the lord Gray. Justice said, that in his case justice had been done, and the party imprisoned for it. 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: Otherwise said he what reason hadd privately, and doubted not but they would satisfy him in it.

Upon this there was a great clamour raised among the multitude, crying, "Away, my Lord, they abuse you, they betray you, they undo you, you lose time. The Lord Keeper did often call on 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.

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, and stay here, and I will go into London, and take order with the mayor and sheriffs for the city, and will be here again within this half-hour. He was brought up as an enthusiastic Roman Catholic, and went to Ireland with, and was knighted by, Essex.

For his share in Essex's rebellion he was fined after about a year's imprisonment. In James's reign, while remaining a zealous Catholic, he abjured violence, and, as lie was Tresham's cousin, it was natural that the latter should choose him as the channel by which to reveal the Gunpowder Plot. At first he enjoyed the title of Monteagle by courtesy, through his mother.

It was confirmed in Attorney excepted against those wordes of the Erie; but the peeres misliked his exception and thought they weare well spoken. The Erie contynued that what was said or donne in that Kynde was against his will and though he could not restrayne some rashe heddes from utteringe fond unreverent speeches yet he withheld them from doinge anie violence. Then protested he that when- soever they uttered unto hym any suche devises as their hedds hadd fayned, and would wishe him to followe, he so couldlie entertayned them that often times he checked them for their rashnes.

And for that the Lorde Keeper spake to them uppon their alleadgeaunce to disperce their assemblie. He aunswered and protested he never heard of yt till it was too farre past, that they shewed no warrant from the Queene, and besides at the time of their issuinge forth, yf they could have knoweii howe they might possiblie have found all the Counsell together they would directlie have gonn to them.

But they feared they should have bean intercepted by their enemies to their uttermost daunger. Withrington have proved it plaine that they would not dissolve their companie that was up in armes, beinge commaunded upon their alleadgaunce by the Lord Keeper. The Erie of Sowthampton aunswered for as muche as concerned him of that evidence of Mr. Withrington he neither heard the Lords deliver suche message to the Erie nether heard anie of these speeches mentioned by the Lord Cheef Justice and him.

Then was brought in S r fferd. Gorge 1 his confession against them, whoe deposed that in Januarie last he receaved a letter from the Erie of Essex complayninge of his unfortunatenes and desiringe the said S r ffer. Further his confession revealed the consultacion at Drewry House, 2 where was moved the takinge of the Cittie, the Tower, and the Courte. There it was debated howe all or some of them might be surprised where it was affirmed that Sir John Davis undertooke to frame a plott to take the Court designinge Sir 1 Sir Ferdinando Gorges , a member of an old Somersetshire family, saw a variety of military service abroad in his youth.

He was made ' governor of the forts and islands of Plymouth,' but took part in Essex's Island Voyage, and apparently in his Irish expedition. In later years he took a leading part in the establishment of the New England colonies, and lived to help in preparing the defences of Bristol for Charles i. The Lords themselves to passe immediatelie to her Maiestie. But uppon these motions nothinge was resolved, but referred to the Erie of Essex his owne orderinge, by reason Mr. John Littleton and himself misliked ye plott hymself he said as well for the horrour that afflicted his mynd as also for the impossibillitie to effect it.

In ye meane- tyme the Erie of Essex aunswered the onlie intent of yt. But most agreed, first to surprize the Court. And there and then sir John Davis took pen, ink, and paper, and set down, That some should keep the hall, some the court-gates, some the guard-chamber, and some the presence- chamber ; saying, many of the guard had been the earl of Essex's servants, and were preferred to the queen by him, and will be more indifferent to deal with than others ; and so my lord shall have a way through his own guards to come to the privy-chamber, and the presence of the queen.

Secretaire and Sir Walter Rawley would gratiouslie heare him, and immediatelie shee would proceed in disfavour of them nevermore to be receaved to her Maiesties counten- ance ; 2 and he said besides private iniuries he could have detected manie forreine practizes and broyles in Neighbour states, the rootes whereof weare laid to these his enemies. And nowe howe convenient it weare that suche men as wholie dwelt in her Maiesties eares and abused them should be removed, he referred to their honorable consideracions and for his parte he professed he could have benn content to have sett his hand and his braynes to the severinge of suche men from suche neernes to her Maiestie.

Yf I spake a wonder said he, when I mentioned these, myne enemies, should be remooved I should need to strengthen my affection with good reasons ; but yf manie of your Lordships heere present have heerto- fore conceaved enoughe of it I need not further at Essex, Alas, my lord, what is so small a number of men able to do in so worthy an action? And that the earl of Southampton said at Essex-house, Is it not three months since this plot began, and shall we resolve on nothing? Then upon a sudden they all agreed, first, to stir in London, where they assured themselves of great favour.

Aiid when I and my companie had procured accesse to her Maiestie wee meant to have submitted ourselves to the Queene with paper and not to have justified our acte with sword. Nowe that his lief was sought he said he had manie advertissmentes and named one Blunt that was sub- bourned by his enemies to accuse him of a conspiracie with the Scott touchinge the Succession, whereby he surmised that by false suggestions they intended to bringe him within Compas of treason, to take awaie his life.

To this was answered that he gave no proof of it ; ffarther the Erie said it was made cleere by their practizes that they sought his life, for he had the confession of Peter Bales l under his hand and ij witnesses handes dwellinge at the Golden Penn in the Old Baylie, that he practized to counterfeit his hand in manie letters beinge subbourned thereunto. To this was aunswered that it was his owne man that procured it. The Erie aunswered he was the fitter instrument for whoe so reddie as a man's owne servant to betray him especiallie such a knave as he was that had robd his wives cabinett, and taken out divers Jewells, and threatened his lady that yf shee revealed this his villaine he had letters under his 1 Peter Bales was a writing-master and a cali- graphist of great skill.

He was employed in transcribing public documents in book form, and in deciphering and copying secret correspondence. His services were employed in this way in the discovery of Babington's plot. In Essex was solicited to find him an official post ; and on his being employed by Daniel to copy certain of Essex's letters to the Countess, he revealed to her what was going on. When Daniel was tried in for forging these letters, Bales gave evidence against him. Nowe upon those wordes before alleadged of the Erles enemies the Lord Cobham stood upp and said for those Imputacions on his soule and conscience he was innocent, neither used he annie such meanes of accusinge the Erie to the Queene as the Erie of Essex pretended against him, and so desired to knowe why the Erie so charged him.

The Erie aunswered that he had forgiven all the world, and therefore the Lord Cobham needed not to Justine himself; in deed said hee, I have heard and thought that you used suche meanes with the Queene but I envie you not my Lord. Here came in Sir fferd: Gorge to Justine what he had delivered in his examynacion. Then the Erie of Essex turned himself towards him, and spake to this purpose: I advise you speake nothinge that shall hurt yourself, for I protest I will not, but for me speake home to the uttermost.

Yes, said Essex, yf ever you knewe anie other matter which contayned treason or anie disloyall thought, speake it, for they are thinges not to be forgotten. But of anie matter of treason directlie against her Maiesties person intended by them he protested by the oath he tooke he knewe of none ; where the Erie of Sowthampton interrupting him said, O God I protest, I meant nothinge in the world in my hart but the assistinge of my Lord as my deere friend towardes the obtayninge of that wee thought should bee so convenient for him to cleere himself before her Maiestie.

Then said the Erie of Essex, Sir fferd. I pray God give him joy of his lief so I shalbee gladd ; yea yf I may con- ceave hope that he shall prosper here and speed well in his conscience hereafter. I shall be gladd yet I would that all these standers by which behold us doe but observe this mans life to com and my death.

Heere my Lord of Essex beinge forced with that speech of his touchinge his feare of the seekinge of his life by these his enemyes was constrayned to make a proof of somme parte thereof, for said the Lord Highe Steward you speake these thinges without probabillitie. No I feare not this, layinge his hand therewith on the axe. But I understandinge manic waies howe they prepared against mee and what they could procure in their places, I could not be ignorant, besides I had intelligence upon intelligence, as my Lord Sowth- ampton can tell, of their preparacions that daye.

And beinge urged by the Lord Steward and the rest hee in the end named Sir fferd. Rawley, wee surmysinge it was for no good would not lett him goe, but sent a page to Sir Wa. Rawley that he would meete him on the water, and so they mett, Sir fferd: Rawley wisht him to com from us, or els he weare a lost man, and but as a person entringe into a sinckinge shippe ; of which wordes when wee heard them, what other construccion could wee make but there was some imminent mischief towardes us ; then was there some mencion of those that went to guard Sir ffard: Rawley but that he refused, as beinge bound in particular bondes of regard and kindenes to him, but was contented to take some musketeers as guard to himself yf any dannger weare.

And heere Sir Wa. Rawley desired on his knees to satisfie for that point, and havinge leave was reddie to sweare, when vehementlie the Lord of Essex cried out Looke what booke it is he sweares on ; and the booke beinge in decimo sexto, or the least volume was looked in, and changed to a booke in folio of the largest size. And then Sir Wa. Whereat I wondered, as never havinge word of it before, as I shalbe saved, told Sir ffard: And heere my Lord of Essex spake, it was told us otherwise. Rawley added for his parte he lay longe in bedd that daye, neither had he appointed one man of the guarde more then ordinarie to waite ; my Lorde Admirall likewise confirmed it, that of his knowledge their was no preparacion till past eleven of the Cloke on Sundaye when they heard the Erie of Essex had possessed the Cittie and to this he said the Erie of Worster and Lord Burleigh could speake, as havinge charge that daye and they consented to my Lord Admiralls speech.

Attorney urged the Erie of Essex his owne speeches in the Cittie and the slight regard of the Herald. The Erles aunswere was, he often [heard] the Queene's name mencioned but sawe no other signe of auctoritie, savinge a heraldes coat on the backe of a fellowe that had been burned in the hand and was knowen to be a notable knave and therefore was the 46 STATE TRIALS lesse willinge to heare him, to which speech it was replied, Whatsoever he weare yf he weare the Queene's Officer he ought to have benn obayed.

And the Attorney farther urginge what little assist- ance he hadd of the Citizens, and that he was carried by his Parasites onlie, used this phrase, there was never povertie cladd in suche pride. Whereat the Erie of Essex disdainfullie smilinge and shakinge his hedd said, Pride Mr. Attorney, look to yourself, addinge a protestacion to this effect, that his hart was cleere from that spott, and for desire of vayn glorie. He had longe since laied all those thoughtes aside, nether did he ever affect to be above his peers or his fellowe Counsellours, men of his birth and service, and that still with her Maties.

And beinge pressed with the choice of his popishe and riotous crewe as havinge trusted cheeflie Sir Christofer Blunt, Sir John Davis, booth Recusantes, Catesby l and Tressam knowen papistes and the like, 1 Robert Catesby , a member of an old family, a member of which had been Speaker, and was hung after the battle of Bosworth as an adherent of Richard in. Robert seems to have been educated at Douay and Gloucester Hall now Worcester College , Oxford, and devoted his life and fortune to the support of the most violent faction of the Catholics. He was imprisoned in consequence of the part he took in Essex's rebellion, but was liberated on payment of marks, of which sum was made over to Bacon.

He appears to have been imprisoned as a precautionary measure a few days before the Queen's death, and afterwards became, with Faux, the most important con- spirator in the Gunpowder Plot. Refusing to surrender, he was shot while making a desperate defence on 8th November Heere unto the Erie of Essex mentyoninge the Lord Grey his assault of the Erie of Southampton, my Lord Grey standinge upp offered to speake ; and though my Lord Highe Steward seemed to restreyne him, sayinge that private quarrells ought not to be brought into this place, yet he spoke to this effecte: Then Southampton said not I my Lord.

Lord Grey replied, upon my salvacion you didd. Then so you weare said the Erie of Southampton. Heere likewise my Lord of Essex affirmed that that there were great cause of offence and discontent- ment to the whole people, to the nobillitie and he protested that an honorable grave and wise Coun- sellour hath lamented and greeved at the course he had seen taken, soe as he hath oftentymes wished himself dead ; farther he shewed in particular the iniurie offered the Lord of Southampton, by the Lord Gray passinge over manie disgraces of other of the nobillitie which he said was left unpunisht.

To this was aunswered that there was no suche cause in the government, as hee pretended ; to which the nobillitie there present spake denyinge either oppression or disgrace, and applauded the present government par- ticulerlie, the Lord Southampton acknowledged he had justice att her Maiesties handes against the Lord Gray, and my Lord Cheef Justice knewe, he said, howe he had heretofore acknowledged the same. Secretary which was expounded to bee the givinge title to the Crowne unto the Infanta.

Attorney said it was treason in anie so to doe. Whereto the Erie of Essex armswered for his parte he came not to accuse others neyther would it doe him good, but defend himself; though the Lord THE EARL OF ESSEX 49 Southampton knewe that manie wayes he had adver- tissmentes of this practize, and both of them had been enformed howe Secretary Cicill had mayntained to one of his fellowe Counsellors the title of the Infant to be best after her Maiesties death and in a manner before.

Secretarie cominge fourth from behinde the hanginge where he hadd stood, fell on his knees and humblie besought the Lord Highe Stewarde that he might be suffred to breake course and cleere himself of this slaunder. Leave beinge graunted hee stood upp and begann ; I have iust cause to rejoice that this daye beinge to speake before this honourable assemblee my part is better then yours, Lord of Essex, for I speake under the person of a traytour.

I will not compare with you for witt, and for the sword you have the advauntage of me, but I have my innocencie, my loialltie, my fayth, all which you have forfeyted, to defend me against the stinge of slanderous toungues and of aspiringe hartes. Your proud and turbulent thoughtes have brought you to bee a spectackle this daye, and could you but have con- tented yourself within the bandes of charitie, as wee whom you have termed your enemies have allways donn to you ward you might have lived in saffetie a peaseable subiect.

But it was that maxime of yours which you allwaies held for currant in your judgment, that for your good and the maintenance of their estates that followed you beinge all marshall men it was not tollerable there should be anie peace in England. This brought fourth your appollogie against the treatie of peace with Spaine. This begann to stirre your blood against us, which weare contrarie mynded, for ye contynaunce of ye peace of the VOL.

This wrought that too uncharitable cen- sure, you made of us within yourself, whereas it was otherwise in our intent towardes you ; for I pro- test before God, I never hated your person, nor envied your greatnes, and after you had utterlie cast downe yourself, by your owne too much clyminge and other follies, so that her Maiestie was highly dis- pleased with you I contynuallie pittied you, and was an earnest sutor for your restitucion, often tellinge her Maiestie I have verilie thought this your crosse and affliction might make you fitter to doe her Maiestie better service. And I made not doubt, had you not thus hostilie thrust yourself into this vyolent and disloiall action Her Maiestie would gratiouslie have receaved you, yff not into the former hight, yet into a competent place in her favour.

And for this acte of rebellion it hadd benn the lesse yf it had been but your owne case. But you have drawne into your nett dyvers noble persons and gentlemen of byrth whoe are all undonn by you. And I thancke God that you dydd not take me for a fitt companion for you. To this the Erie of Essex said little, but with a straunge kinde of smilinge somwhat disdainfullie, he would shake his hedd somtimes which was answered with the like behaviour in the Secretary.

Onlie the Erie once said he thancked God for his humblinge that daye, but he envied not the Secretarie. Secretary continewed, and for that you have too slaunderouslie touched my fayth, and alleadgeance to her Majestic and my countrie by your seditious and false givinge out in London and this offensive affirm- inge that Secretarie Cicill had betrayed the State to the Spaniard, and offered to perswade a Counsellor THE EARL OF ESSEX 51 that ye Infantas title was next her Majestie, I defie all those that will saye it of mee ; iff you ever heard me speak e of it ; speak e, yf you heard it of others, name the author yf you dare, tell his name yf you dare, name him, name him, yf you dare.

Then the Erie with a passionate Interrogacion said, Doe I desire to live? But I require the Judgment of all these Lordes wheether it shalbee wysdom in me by naminge anie honorable person yett untouched arid bringe him into question. Then the Erie of Shrewsbery stood upp and sayd yt for his part in conscience it should be no more to him, yf the man weare not named, then yf it hadd never been spoken. After uppon further instance of the Lordes the Erie of Essex said that in deed he heard not the Counsellor himself report it, but it was told him by others, That Mr.

Secretary used those speeches to a Counsellor whom the Erie of Sowthampton could name as well as hee. Secretary said to the Erie of Sowthampton: I require you, my Lord of Sowthampton by the pretious bond of all our auncient kyndenes, and amitie, by your duetie to God and your Sovereigne, and by all the pointes of Honour that you name the Counsellor that is said to have heard these speeches from mee.