at Arms do return his precept of the names of all the Peers summoned for the Trial of Robert Earl of Essex, and Henry Earl of Southampton, which he delivered into 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.

Then the twenty-five Lords were called and severally answered to their names as follows:

Edward, Earl of Oxford; Gilbert, Earl of Shrewsbury; William, Earl of Derby; Edward, Earl of Worcester; George, Earl of Cumberland; Robert, Earl of Sussex; Edward, Earl of Hertford; Henry, Earl of Lincoln; Charles, Earl of Nottingham; Thomas, Viscount Bindon; Thomas, Lord De La Ware; Edward, Lord Morley; Henry, Lord Cobham; Henry, Lord Stafford; Thomas, Lord Grey; Thomas, Lord Lumley; Henry, Lord Windsor; William, Lord Chandois; Robert, Lord Rich; Thomas, Lord Darcy; George, Lord Hunsdon; Oliver, Lord St John of Bletso; Thomas, Lord Burleigh; William, Lord Compton; Thomas, Lord Howard of Walden.

When the Lord Grey was called, the Earl of Essex laughed upon the Earl of Southampton, and jogged him by the sleeve.

The Earl of Essex then desired to know of my Lord Chief Justice, whether the privilege, which was permitted to every private person upon his trial, might be granted to them; namely, to make challenge of any of the Peers against whom they might have just cause of exception; affirming that, though for his own part, he was very indifferent, yet the Earl who stood by him might perhaps make just challenge. Whereunto the Lord Chief Justice Popham answered, 'that verily the law did allow no challenge of any of the Peers, for such was the credit and estimation of the Peers of England, that they are neither compelled to an oath on arraignments, nor are subject to any exception;' and Mr Attorney-General alleged a case of Lord Dacres, in Henry VIII's time. Whereupon the Earl of Essex said he was satisfied, and desired them to go on.

Essex. I call God to witness, before whom I hope shortly to appear, that I bear a true heart to her Majesty and my country, and have done nothing but that which the law of nature commanded me to do in my own defence, and which any reasonable man would have done in the like case.

Then my Lord High Steward, in a few words, gave the Peers a charge, requiring them to have a due regard to the evidence, and to discharge their duties upon their consciences.

Serjeant Yelverton. 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 Prince, 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 my Lords of Essex and Southampton not only intended, but acted in the rebellion so far as was in their power. Now this rebellion, being duly considered, contains in it many branches of treason, which are and will be directly proved: which, being found to be true, you, my Lords, must needs find them guilty. It is more manifest than the sedition of Catiline was in the city of Rome, and consequently England is in no less danger; for as Catiline entertained the most seditious persons about all Rome to join with him in his conspiracy, so the Earl of Essex entertained none but Papists, Recusants, and Atheists for his abettors in this his capital rebellion against the whole estate of England. My Lords, 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; but it seems that overweening ambition is like the crocodile, which is ever growing as long as he liveth. The manner of their going into the City, with armour and weapons, and then returning to Essex-house again is notorious to all the world; and particularly known to you, my Lord Admiral, and my Lord of Cumberland, and others of their honourable Peers who were present in the City; which makes me wonder they do not blush to stand upon their trials without confession, when their intended treasons are in all men's judgments so palpable. For my part, my Lord, I can conjecture nothing hereby, but that there is some further

matter in it than as yet appears; but my hope is, that God of his mercy, that hath revealed their treasons, will not suffer any 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.

Upon this the two Earls said 'Amen! and God confound their souls who ever wished otherwise to her sacred person!'

Attorney-Gen.* May it please your Grace, in all good governments men's judgments and censures are and ought to be directed by reason and precedent; the laws do best express the one, and true histories the other. The laws, that by long experience and practice of many successions of grave, learned, and wise men, have grown to perfection, are grounded no doubt upon greater and more absolute reason than the singular and private opinion or conceit of the wisest man that liveth in the world can find out or attain unto. Therefore the law shall stand for reason. Now my Lords the Judges, who are the fathers of the law, do know, that by the law the thought or imagination of the death of the Prince is treason; but because the thoughts are only known to God, it is not permitted to be so adjudged, till they appear by discovery either by word or writing, or some outward act. But be that raiseth a rebellion or insurrection in a settled Government, doth, in construction of law, imagine the death and destruction of the Prince, and is therefore guilty of treason. For the law doth intend that where a man doth raise power and forces to reform anything in the government of the commonwealth, he doth usurp upon the Prince, and take upon himself his authority, and therefore intendeth his deposition and death; for he that abuseth the government

+ The introductory part of this speech is taken from a Manuscript at the State-Paper Office, in the hand-writing of Sir Edward Coke. It appears to have been composed with much labour, the original being scarcely legible from the numerous alterations and interlineations. It will be interesting to a professional reader, as explaining more fully than any former Report has yet done, the grounds upon which the charge of treason in this case was supported. It must be admitted, however, that the statement of the charge is in the highest degree obscure; and a great part of it is wholly unintelligible.