some of their honours before Sentence should be pronounced. Whereunto they condescended, and commanded he should be brought to talk with them in the Chancery; where after some communication had among them, they all repaired to their places, and sir John came to the court of King's-Bench being with them, and Judgment was stayed, until her majesty's pleasure were further known. Then was the Court adjourned to the 2nd of May; and so the Court ended, and every man said, God save the queen! For the better understanding of the aforesaid Arraignment of sir John Perrot and the Judgment that followeth, it is to be known that at the time of his Arraignment, being the 27th of April, anno 34 Eliz. Mr. Puckering was the queen's serjeant at law, Mr. Popham the Attorney General, and Mr. Egerton Solicitor. But before the day he was brought to receive Judgment, her majesty's said learned Counsel were removed as followeth; that is to say, Mr. Puckering was made Lord Keeper of the Great Seal; Mr Popham L. C. J. of the Queen's-Bench, and Mr. Egerton Attorney General. This making and removing of Officers was done at the court of Greenwich on the 28th of May 1592. My Lord Keeper went to Westminster to take his oath very honourably with lords, knights and gentlemen, on the 4th of June 1592, and that day sat first in the Chancery. And on the 8th he first sat in the Star-Chamber. for that he was sick, and could not be there in person. Divers of the queen's Commissioners, and her learned Counsel being come to the Hall, staid until the coming of the Lord Chamberlain, at whose coming they all took their places and sat in judgment. Then an O-yes was made, and the Lieut. of the Tower called to return his Writ, or Warrant directed unto him for the bringing of the prisoner forth. Then Mr. Crooke having the said Warrant, which was written in parchment, and having four or five seals of red wax annexed to the same by slit labels, delivered in the same to the Court; and humbly craved that the lieutenant might be excused for his absence, and declared the cause thereof. Whereupon Mr. Sands, Clerk of the Crown, taking the said Writ, and turning his face to the Lord Chamberlain, read the return thereof, being in Latin, the common and ordinary return of an Habeas Corpus. Then Serjeant Snagg for the Queen, being one of her majesty's learned Counsel, moved the lords to this effect, That whereas sir John Perrot was before that time indicted of Treason and arraigned, pleaded not Guilty, and put himself on the country, who found him guilty of High Treason, therefore he prayed, on her majesty's behalf, that Judgment might be given accordingly. Then Sands, Clerk of the Crown, spake unto sir John, saying, Thou hast been heretofore indicted of High Treason by the name of John Perrot late of London, knight, and being thereupon arraigned thereunto didst plead not Guilty; and didst put thyself upon the country, who found thee guilty of High Treason: what hast. thou now to say for thyself, why thou shouldst On the 26th of June sir John Perrot appeared before the Commissioners; who were, the Lord Chamberlain, the lord Buckhurst, sir Robert Cecil, secretary Woolley, Mr. Fortescue, the L. C. J. of the C. Pleas, justice Gaw-not have Judgment to die? die, justice Pennel, Mr. Rookesbie, one of the Masters of the Court of Requests. First the said sir John Perrot that morning was brought in a coach from the Tower to the Old Swan, and thence conveyed by water to Westminster-bridge. Between the hours of 8 and 9 he landed at Westminster-bridge, and was brought into Westminster-hall, being accompanied with Mr. Crooke, son-in-law to the Lieut. of the Tower, on his right hand, and Mr. Blunt, son to the Lieut. on his left hand, and being strongly guarded by divers of the yeomen of the guard, with halberds, and the lieutenant's men with weapons all round about him and in that sort he was brought up to the Queen's-bench bar, where he stood for a quarter of an hour bare-headed, expecting the coming of the Commissioners. But Mr. Rookesbie, one of the Commissioners, was sent, who had taken his place before the coming of sir John Perrot into the Hall, and tarried for the coming of the rest of his associates.--The said sir John Perrot was clothed in a doublet and hose of black sattin plain, and a gown of wrought velvet furred, and a square or flat crowned black felt hat, with a small band, and a plain white ruff. The said Mr. Crooke and Mr. Blunt supplied the room of the Lieutenant, Sir John making low obeisance, answered; first, whether he might be permitted to take any Exception against the Indictment, and if he might, then he requested he might be thereunto permitted. To this the L. C. J. Anderson answered, he might not be permitted. Then sir John made a Protestation of a quarter of an hour long, wherein he included the mercy of her majesty toward him, extolling her to be the only Mirror of Mercy of all the princes in the world; and said, God forbid that ever his heart should imagine Treason, or utter such unreverend speeches of her sacred majesty, who had exalted him so highly from the estate of a gentleman, and of whose bounty and gracious favour he had so liberally tasted; but complained of the hard and false dealings of the witnesses towards him in these causes, who, he said, falsely, maliciously, and perjuriously accused him; but said he found no fault in the proceedings of the law, but that he had good and orderly proceedings therein: and then again extolling her majesty's great mercy and favour towards him, protested his innocency in the cause to be such, that he forsook God's mercy and his Saviour's merits, if ever he meant any treason or treachery towards that gracious queen Elizabeth; and said, that he knew her majesty's great clemency and mercy towards him proceeded from her majesty's own heart, by the mere providence of God, who knew his innocence in this cause, in staying him so long from judgment, which he affirmed to be now six times; especially after such heinous matters being proved against hin, but, as he said, most falsely and untrue. Whereupon my Lord Chamberlain conceiving these words to tend, that her majesty had so long deferred Judgment, being persuaded thereunto of his innocency in the fact, and that her majesty was persuaded that he had been hardly dealt withal, and unworthily condemned: wherefore my Lord Chamberlain said, he was much to blaine to use any such speeches to that end or purpose; and said, That the conceit of his innocency was not the cause her majesty deferred his Judgment so long; and used very vehement Speeches against the said sir John Perrot in that point, saying his Treasons were most manifest and apparent, and for his Trial he received more favour than any other Traitor that ever he saw, and there were more Witnesses of his own men and others than ever he saw against any other Traitor. Whereupon sir John said, I pray your lordship interrupt me not: for the Lord Chamberlain began these Speeches in the midst of sir John's matter. Then said my Lord Chamberlain, You must be interrupted in this point; and proceeded more vehement and earnest against him than before. Sir John Perrot prayed his lordship not to misconstrue his meaning, and said he meant no such matter touching her majesty's conceit of his hard usage, as his lordship took his words to be: for, said he, I can recite my words again, which in effect were, that her majesty being the only prince of mercy, had dealt with him most graciously, in forbearing thus long with him for his Judgment. Mr. Egerton, now Attorney, then stood up, and directing his Speeches to my Lord Chamberlain and the rest of the bench, said, he had thought to have moved their lordships touching sir John Perrot's Speeches in that point, which, as he said, were by protesting his innocency to seduce and deceive the audience to think him innocent, and not guilty of Treason, and that he had been injuriously condemned; whereas it was most manifest that he was most justly condemned of most heinous Treasons; and that in his Trial he received most favourable hearing. Whereunto sir John Perrot replied and said, Mr. Attorney, You did me wrong now, as you did me before. I never did you wrong, said Mr. Attorney. You did me wrong, said sir John. Instance wherein I did you wrong, said Mr. Attorney. You did me wrong said sir John. I never did you wrong, said Mr. Attorney. All these Speeches were spoken with great vehemency each to the other. My Lord Buckhurst, directed his Speeches VOL. 1. towards sir John to the like effect, touching his Guiltiness and Trial, as my Lord Chamberlain had said before; adding further, That whereas he went about to persuade the audience, that the cause which moved her majesty to defer his Judgment, was her conceit of some hard proceeding against him at his Arraignment, which was not the cause indeed, that therein he did injury to the Judge, Jury and Witnesses; and said it was very evilly done of him, to utter any Speeches to any such end: saying further, that my lord himself had been at and upon the Trial of divers Traitors before that time, far sir John's betters, and said he had seen divers Traitors condemned of Treason upon a tenth part of the evidence that was against him, and yet justly condemned of Treason; and you, sir John, are condemned justly of a mass of Treasons; and the said lord said, in his conscience he thought him guilty of most heinous Treasons, and that he was worthily condemned: and he said also, that divers and sundry witnesses very sufficient had proved Treason against him most manifest; and said withal, sir John, would you have all these, being so many in number, as testified against you, to be all perjured, and you only believed? No, no, it is not possible to be true, neither will any man believe it, Sir John. My Lord Chamberlain spake again and said, There had been thirty Witnesses produced against him at his Arraignment, who proved Treason against him; and that he was a Traitor worthily condemned of Treason; and said he never saw any Traitor have such indifferent Trial, and such sufficient proofs produced against him: adding further, that he might speak his will, but no man would believe him ; and that he had spoken much already, but not a true word of all he spake. Then sir John alledged that the matter was set forward and followed by his enemies in Ireland, and that he was condemned by Irish Witnesses all, and that no one English Witness had proved Treason against him. My Lord Buckhurst said, He had both Irish and English Witnesses, and those his own men. Sir John said, It was more than he knew. Sands said, Philip Williams was an Englishman. Sir John Perrot said; He proved no Treason: and further he said, That the Irish Witnesses had no respect of an oath; and that for a small value, a man might procure a number to swear any thing. And for proof thereof, he appealed to some of the bench that had been in Ireland, and threw his hand towards Mr. Rookesby, that they knew the same to be true; he also said, that God would plague the prosecutors of this cause against him for their corrupt dealing therein. He also, with great protestation in the midst of his Speeches, utterly denied that ever he intended or meant to murder any man, as he was falsely accused; and said, that now lately he had found among his Writings a Letter of that wicked fellow's that accused him thereof, Stephen Seager, and he said that he had that 4 Q Letter about him to prove his Testimony false; and said that that matter grieved him more than any other matter. He also with great protestation denied that he was ever a Papist in heart or soul, or ever favoured any of them, but was of a sound Religion these 45 years, ever since the 2nd year of king Edward: and for trial thereof, he referred himself to divers there present, that were old Parliament-men, of his Speeches touching Religion in divers Parliaments. My Lord Chamberlain answered him, That he was not charged for murdering or intending to murder any person, although the same was proved to his face by his own man. Sir John said, Although the same was not objected to his Charge, it was laid open against him to make hun infamous to the world, which grieved him most of all; and said, that Seager in the end denied it again. My Lord Chamberlain said, he denied it not, but justified it to his face. Sir John said, that Seager said sir John told him that he did it but to prove him what he would do. Then Anderson, L. C. J. of the C. Pleas, asked him whether he had any thing to say in arrest of Judgment? Sir John answered, Seeing it pleased God and the queen he should come to that pass, he had nothing to say, but humbly submitted himself to the law and their lordships. My lord Anderson then asked if he had the queen's Pardon? Then he said, he had no Pardon. upon a hurdle through the city of London to the place of execution, and there to be hanged, and to be cut down alive, and his bowels and privy-members to be cut off, and cast in the fire in his sight, his head to be cut off, and his body to be cut in four quarters, to be disposed at the Queen's pleasure, and God have mercy upon thee.' Then said sir John, Seeing it pleased God and the Queen that he should be thus judged, his life stood in her majesty's merciful hands, whose life he wished, and prayed God that it might be three times, yea five times as long as she hath lived already; with divers, other good and godly wishes to her majesty: and he prayed God that among her subjects the innocent lambs might be known from the scabbed goats; and if the living God who knew his innocency would put it into her princely heart to be merciful unto him for his life, that he would, as always heretofore he did, serve her majesty most faithfully against her malicious enemies; yea and to stop the mouth of a cannon, and fight against the dogs the Spaniards; and said he knew her majesty to be the Fountain of Mercy, and wished that utter destruction might ensue to him and his progeny, if ever he meant Treason against queen Elizabeth: which very words he uttered and wished divers times before and after; and said, that shortly God doubtless would make manifest his innocency, and that to her majesty and the world.—He also said, that he wished not now to live, by reason of his infamy in his country, and that his name and blood was corrupted, which had been of antient continuance, and never before that time spotted: and said, Woe be unto me that am the first of my house and name that ever was attainted or suspected, and shook his Then my lord Anderson proceeding to pronounce Judgment, began with a long discourse, reciting divers good blessings of God upon this realm, namely, the establishing of true Religion, and to be governed with so gracious a prince, and many other good blessings of God bestow-hand: and having a carnation in his hand, he ed upon us; yet notwithstanding, divers wicked and traitorous persons, discontented with the state, had practised divers and sundry treasons, which by the great and mighty Providence of God, had been from time to time revealed. And omitting divers foreign Treasons, many treasons had been practised here at home; and said, That he himself had been at the arraignment of divers, as namely of Babington, Abington, with others; adding, that the Treasons of sir John Perrot far surpassed them all, most wickedly conspiring her majesty's death and deprivation, and invasion of this realm by foreign enemies, and taking in the Spaniards, to the destruction of so many thousands of good and natural subjects. Lord Anderson consented with the two other lords, that he was worthily and justly condemned of Treason, of good and sufficient proof; and said, that at his Arraignment he had indifferency with favour, and commended the goodness and substantialness of the Jury that tried him at his Arraignment. And then he proceeded to Judgment, which was by him pronounced to this effect: That he should be carried by the Lieutenant of the Tower, to the Tower, which was the place from whence he came, and from thence to be drawn said, I care not for death the value of this flower, I fear it not; and wished that he had never offended God more than he had offended the queen's majesty. Which words he pronounced contrary at the first, but presently reformed them.-Then he declared he had certain Petitions, which he humbly desired their lordships to move her majesty in on his behalf. The first Petition was, That it would please her majesty of her abundant mercy to pardon his life, that he might have a better room, for his lodging was a short chamber, only room for his bed and a table, and that he never went out of doors, nor had any air to comfort him.—To this my lord Chamberlain answered, That the room was such as was fit for such a man as he was.-The second Petition was, That he might have a Preacher appointed unto him, and that he might be permitted to receive the Sacrament, which he said he did not since his commitment to the Tower, but said he received the same in my lord Treasurer's house. To this Petition my Lord Chamberlain answered, That he never heard that he desired or wished any such thing before, which if he had, it might have been granted him. Sir John Perrot said, that he had requested the Lieutenant for the 1333] STATE TRIALS, 43 ELIZ. 1600.-for High Treason. | [1334 Chamberlain, said, he excepted his lordship, for that he sat Commissioner for her majesty, otherwise he was as true a subject as any in England whosoever; and herewith clapped his hand upon the bar mightily. And as he was departing from the bar, he returned again towards the lords, and said, he could not dispend 1,2001. a. year, although it was bruited he could dispend He also made mention he many thousands. was in debt. could not shoot the bridge, and all the guard and others attending him in wherries; and from the Old Swan he was conveyed in a coach into the Tower, as he was brought from the Tower to Westminster that morning. He also seemed in his speeches to refer all things to God, who, as he said, best knew the secret of this cause. Again and very zealously he wished and hoped that all things should be by him made manifest; and in all his protestations and speeches referred him and his to God alone. same twenty times; and said, Here is a man that knoweth the same, meaning and pointing at Mr. Crooke, standing next him on his right hand: which thing Mr. Crooke voluntarily and without asking disavowed; and said he knew no such thing. Then said sir John, Mr. Lieutenant well knoweth it, and will confess the same. My Lord Chamberlain said, he should have his Petition herein granted: And that they, the Justices and Commissioners, had auThen was he conveyed away from the bar in thority to grant the same without moving her majesty therein.-The third Petition was, That the same manner he was brought thither, and if he should suffer death, that then their lord-brought by water to the Old Swan, for that he ships would be humble suitors to her majesty, that seeing he was a gentleman born, and that he had been advanced to place and calling by her majesty, and served her majesty in place of honour, he might die a gentleman's death, and be spared from drawing through the streets, and the rest of the Judgment; and said, he was a gentleman of ancient descent, and but a gentleman.-The fourth Petition was, That they would move her majesty to be good and gracious to his son, meaning sir Tho. Perrot, and that they would put her majesty in remembrance of her gracious promise made unto sir Philip Sidney and sir Tho. Perrot, that her majesty would be good to them; especially that her majesty would be good to that virtuous and gracious lady my lady Dorothy and then said, that he never received any penny of her marriage, nor ever assured her any jointure, for which he was now very sorry; and said, that something moved him so to do, which now grieved him very sore. He also said, that he had made estates of his lands, a dozen, sixteen, and twenty years past; for that he had chil- | dren by divers venters, and that he would have his lands to remain in his name, and now he had but one son, the other having died in her majesty's service. He said, Peradventure holes may be now found in the same; therefore he again requested that their lordships would move her majesty to be good to his son and his wife, and as he heard to a little son which they had, and which hereafter may do her majesty service. He also oftentimes protested with great protestation that he never meant evil, and wished confusion to him and his posterity if he were guilty of Treason. And if he were, he utterly renounced the merits and mercy of his Saviour Jesus Christ. And then speaking to my Lord Then the Lords and Commissioners sitting a little space after sir John's departure, and until he took barge, an O-Yes was made, and the Commission of Oyer and Terminer was determined by Proclamation made in these words following: All manner of persons of England and Ireland, that had any thing to do before my Lords the queen's majesty's Justices of Oyer and Terminer in this present cause, may depart hence in God's peace, and the queen's majesty's, and keep their day again upon a new summons, for my lords the queen's justices do determine their commission; and then they all cried, God save the queen ! Amen. Then my lords arose, and it was at the stroke of ten of the clock at night. Afterwards the queen began to be appeased towards him, and was often heard to applaud that Rescript of Theodosius, Honorius, and Arcadius: If any person speak ill of the emperor through a foolish rashness and inadvertency, it is to be despised; if out of madness, it deserves pity; if from malice and aversion, it calls for mercy. But while he thus had hopes of his life, he fell sick, and died in the Tower in September following; but the queen granted his desire, in suffering his estate to go to his son, who had married the earl of Essex's sister. A. D. 1600. The L. C. B. sir Wm. Periam. Justices Gawdie, Fenner, Walmesley, Warburton, Kings 70. The Trial of ROBERT Earl of ESSEX, and HENRY Earl of SOUTHAMPTON, before the Lords, at Westminster, for High Treason : 43 ELtz. Feb. 19, A SPACIOUS Conrt was made in Westminster-hall, where the Lord Treasurer Buckhurst sat as High Steward of England, under a cano-mill, and Mr. Baron Clarke. py of state; where sat also about the table, the earls, barons, and judges of the land, according to their degrees. The Judges were these; the L. C. J. Popharn, and the L, C. J. Anderson. | These sat all in the Court next the bar, before the High Steward, seven Serjeants at Arms came in with maces before the High Steward, and laid them down before him in the Court. called, the earl of Essex laughed upon the earl of Southampton, and jogged him by his sleeve. Then they were called to hold up their hands at the bar, which they did. And then the Clerk of the Crown read the Indictments. their hands again, which they did, and another Indictment was read, whereunto the earl of Essex was attentive. After which, the Clerk of the Crown asked them, whether they were Guilty, or not Guilty: they pleaded not Guilty: and for their Trials they put themselves upon God and their peers. They spake this severally. Then my Lord High Steward in a few words gave the peers a Charge, requiring them to have a due regard of their consciences. The king at Arms stood on the one side of the High Steward by his chair of estate, and one of her majesty's gentlemen ushers with his white rod in his hand on the other side. The Clerk of the Crown and his assistant sat before him, to read the common Indictments and Exami-That being done, they were bid to hold up nations. The Captain of the Guard (sir Walter Raleigh) and forty of the queen's Guard were there to attend the service. Then the Serjeant at Arms made three O-yes! and Proclamation, That the Lord High Steward of Englaud commanded silence, and to hear the Commission read, upon pain of imprisonment. Then the Clerk of the Crown read the Commission, whereunto the earl of Essex was very attentive. Another Proclamation was made, That the Lord High Steward of England commanded all Justices to whom any writs had been directed for | this service, to bring them in, and certify the same. Another Proclamation was inade by a Serjeant at Arms, That the Lieutenant of the Tower of London should return his Precept, and bring forth his prisoners, Robert earl of Essex, and Henry earl of Southampton. Then the Lord High Constable of the Tower, the Lieutenant of the Tower, and the gentleman porter, who carried the ax before the prisoners, came first in, and the prisoners followed and made their appearance at the bar, the gentleman porter with the ax standing before them, with the ax's edge from them; and so the Lieutenant delivered his Precept into the Court. The two earls (which were prisoners) kissed one another's hands, and embraced each other. Another Proclamation was made, That the Serjeant at Arms to the queen's majesty do return his Precept of the Names of all the peers of Robert earl of Essex, and Henry earl of Southampton, the which he delivered into the Court accordingly. Another Proclamation was made, That all earls, viscounts, and barons, of the realm of England, which were peers of Robert earl of Essex, and Henry earl of Southampton, and summoned to appear this day, do make answer to their names, upon pain and peril that will fall thereon. Then the Lords were called, and answered and appeared as followeth: Edward earl of Oxford, Gilbert earl of Shrewsbury, Wm. earl of Derby, Edw. earl of Worcester, George earl of Cumberland, Robert earl of Sussex, Edw. earl of Hertford, Henry earl of Lincoln, Charles earl, of Nottingham, Tho. viscount Bindon, Tho. lord De la Ware, Edward lord Morley, Henry lord Cobham, Henry lord Stafford, Tho. lord Grey, Tho. lord Lumley, Henry lord Windsor, Wm. lord Chandois, Robert lord Rich, Tho. lord Darcy, George lord Hunsdon, Oliver lord St. John of Bletso, Tho. lord Burleigh, Wm. lord Compton, Tho. lord Howard, baron of Walden. Then the earl of Essex desired to know of my lord chief justice, whether he might challenge any of the Peers or no; whereunto the lord chief justice answered, No: and Mr. Attorney General alledged a Case in Henry 8's time, of my lord Darcy. Whereupon the earl bad them go on. When the lord Grey was Then Serjeant Yelverton opened the Evidence, shewed the effect of the Indictment, held it in his hand, and said as followeth : "May it please your grace (speaking to the High Steward), about the 8th of Feb. 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: and who did she send? She sent (my lord) no worse persons than my Lord Keeper, my L. C. Justice of England, the earl of Worcester, and sir Wm. 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. But he knowing it, very treacherously imprisoned the said Lords and Counsellors by her majesty so sent, and altogether refused her majesty's authority: and divers of their Confederates cryed out, Kill them, kill them! thereby putting her majesty's council in fear of their lives; and withal, left them with sir Jo. Davis to keep safe, lest they themselves should miscarry in the city. 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: for the sending of Temple his Secretary into London the night before, manifesteth his determination, without scruple or question; for by that means he was in hopes to have had the help of the citizens, her majesty's most loyal and loving subjects! and he used not only his best endeavours to strengthen himself abroad, 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. 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: for he is the head of the Commonwealth, and all his subjects as members ought to obey and stand with him. But |