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    1. Trial of ESSEX & SOUTHAMPTON- Part 2
    2. Patrick Payne
    3. "Then the Clerk of the Crown demanded of Henry Earl of SOUTHAMPTON what he could say for himself why judgement of death should not be pronounced against him." SOUTHAMPTON- "My Lords, I must say for my part as I have said before, that since the ignorance of the law hath made me incur the danger of the law, I humble submit myself to Her Majesty's mercy. And therefore my Lord Steward, and my Lord Admiral, I beseech you both that, seeing you are witnesses I am condemned by the letter of the law, it would please you to let the Queen know that I crave her mercy. I know I have offended her, yet if it please her to be merciful unto me, I may live and by my service deserve my life." "I have been brought up under her Majesty. I have spent the better part of my patrimony in her Majesty's service with danger of my life, as your lordships know. If there were any that could challenge me, that I have ever heretofore committed or intended treason, or any other thing prejudicial to her Majesty or the State, God let me never inherit his kingdom. Neither would I desire mercy. Since the law has cast me down, I do submit myself to death. And yet I will not despair of her Majesty's mercy, for that I know she is merciful, and if she please to extend it, I shall with all humility receive it." LORD STEWARD- "My Lord of ESSEX, the Queen's Majesty hath bestowed many favors on your predecessors and yourself. I would wish therefore that you would likewise submit yourself to her Majesty's mercy, acknowledging your offenses, and reconciling yourself inwardly to her Majesty by laying open all matters that were intended to prejudice her Majesty, and the actors thereof. And thereby no doubt you will find her Majesty merciful." ESSEX- "My Lord, you have made an honourable mention. Do but send to me at the time of my death and you shall see how pentitent and humble I will be towards her Majesty, both in acknowledging her exceeding favours to my ancestors and to myself; whereby I doubt not but the pentitent suffering of my death and sprinkling of my blood, which will quench the evil-conceited thoughts of her Majesty against me. And I do most humbly desire her Majesty that my death may put a period to my offences committed, and be no more remembered by her Highness." "If I had ever perceived any of my followers to have harboured an evil thought against her Majesty, I would have been the first that should have punished the same in being his executioner. And therefore I beseech you, my good lord, mistake me not nor think me so proud that I will not crave her Majesty's mercy, for I protest (kneeling upon the every knee of my heart) I do crave her Majesty's mercy with all humility. Yet I had rather die than live in misery." "Then the Lord High Steward, after a few exhortations unto the Earls to prepare themselves for God, told them [that] seeing the law had found them guilty, it followed of course that he must proceed to judgement. The Earl of ESSEX replied very cheerfully, and said Yea my lord, with a very good will. I pray you go on." "Then the Lord High Steward gave the judgement as followeth:" "You must go to the place from whence you came and there remain during her Majesty's pleasure, from thence to be drawn on a hurdle through London streets, and so to the place of execution, where you shall be hanged, bowelled, and quartered. Your head and quarters to be disposed of at her Majesty's pleasure, and so God have mercy on your souls." ESSEX- "My Lord, I am not a whit dismayed to receive this sentence, for I protest death is welcome to me as life, and I shall die as cheerful a death upon such a testimony as ever did man. And I think it fit [that] my poor quarters that have done her Majesty such true service in divers parts of the world should be sacrificed and disposed at her Majesty's pleasure; whereunto, with all willingness of heart, I have submitted myself. But one thing I beg of you, my Lords, that have free access to her Majesty's person, humbly to beseech her Majesty to grant unto me that (during the short time I shall live) that I may have the same preacher to comfort me that hath been with me since my troubles began For as he that hath been long sick is most desirous of the physician which hath been and is best acquainted with the constitution of his body, so do I most wish to have the comfort and spiritual physick from the preacher which hath been and is acquainted with the inward griefs and secret affections of my soul." "And my last request shall be only this: that it will please her Majesty that my Lord Thomas HOWARD and the Lieutenant of the Tower may be partakers with me in receiving the Sacrament and be a witness of it, in token of what I have protested to be true in this life- for my loyalty, religion, and peace of conscience. And then whensoever it shall please her Majesty to call me, I shall be ready to seal the same with my blood." "The Lords promised they would move the Queen for his requests." ESSEX- "I humbly thank your Lordships." Then the Sergeant at Arms stood up with the Mace on his shoulder, and after proclamation was made said this: "All peers that were summoned to be here this day may now take their ease, and all other persons attending here this service may depart in her Majesty's peace, for my Lord High Steward is pleased to dissolve this commission." As the lords were rising, the Earl of ESSEX said: "My Lord DE LA WARE and my Lord MORLEY, I bessech your Lordships pardon me for your two sons that were in trouble for my sake. I protest upon my soul they knew not any thing that was or should have been done, but came to me in the morning, and I desired them to stay, and they knew not wherefore. And so farewell, my Lords." Robert DEVEREUX, Earl of ESSEX, was not hanged, drawn and quartered. He fell to the headman's axe, as befitted his rank, 25 February 1601. Henry WRIOTHESLEY, Earl of SOUTHAMPTON, was pardoned by the Queen's mercy, though he spent some years in the Tower. He died of a fever in 1624. As previously pointed out, Ferdinando GORGES, DEVEREUX, WRIOTHESLEY, DRURY were associated in this plot. RALEIGH was confided in by GORGES. Sir Charles BLOUNT [called BLUNT by CECIL] (Earl of DEVONSHIRE and 8th Baron MOUNTJOY) was also named, as was Sir John DAVIES. Additionally, Sir William KNOLLYS, ESSEX'S uncle was called as a witness and was fetched by "Mr. KNYVETT." ESSEX also stated in his testimony that he had gone to "Sheriff SMITH'S house" and sent him to "Mr. Alderman WATS and the the Lord Mayor of London, desiring them to join him (ESSEX). The Earl of RUTLAND (MANNERS) was mentioned by SOUTHAMPTON as having accused him of persuading the Earl of ESSEX into his actions. Finally, Thomas HOWARD and the sons of Thomas Lord DE LA WARE (WEST) and Lord MORLEY (Baron PARKER) were named. HOWARD, being the "punie," and the sons of the other Lords being unwittingly involved with ESSEX'S plot, causing them some trouble. The data above was produced for Thomas BASSETT, Sam. Heyrick, and Matthew GILLYFLOWER in 1679. In 1673, Derrick PAYNE was the master of the ship "GILLYFLOWER" transporting goods for merchant Thomas SANDFORD- an interesting parallel as the name GILLYFLOWER cannot have been a common one. History gives us a lot of details on these men. Yet we tend to see only "snapshots" of a particular time or place. Rarely do we get to see them on a more personal level or their extensive involvements. Let's have a closer look. Beginning with the DEVEREUX and WRIOTHESLEY families, we can trace the genealogy from sources such as "The Complete Peerage" (which is the standard in use within the academic community) and "The Dictionary of National Biography": Robert DEVEREUX, Earl of ESSEX, "of Netherwood, (Thornbury), Herefordshire" was born 10 November 1566. Netherwood is not far removed from the homes of Samuel PEPYS (during his youth) and Goody LAWRENCE at Kingsland; and of Tobias PAYNE at Kings Caple. Sir Robert PAYNE was also licensed to sell tobacco in nearby Hereford. Robert was the son of Walter DEVEREUX, 1st Earl of ESSEX by his wife Lettice KNOLLYS, daughter of Sir Francis KNOLLYS and Catherine CAREY. The "uncle" KNOLLYS spoken of during his trial would have been William KNOLLYS, 1st Earl of BANBURY who had married, as her 2nd husband, Elizabeth HOWARD. The parents of Catherine CAREY were William CAREY and Mary BOLEYN and her brother, Henry CAREY, married Anne MORGAN. (see the 1649 will of Tobias PAYNE for some MORGAN, LAWRENCE, SMITH connections). Upon the death of Walter DEVEREUX, Lettice KNOLLYS married Robert DUDLEY, Earl of LEICESTER, and they had son, Robert DUDLEY, who became the 2nd Earl of ESSEX. The 1st Earl, Robert DEVEREUX, was executed on 25 February 1601 on Tower Hill. He married, as her 2nd husband, Frances WALSINGHAM in 1590 and had daughter, Frances, who married William SEYMOUR, Duke of SOMERSET, whose 1st wife was Arabella STUART, daughter of Charles STUART, 6th Earl of LENNOX by his wife Elizabeth CAVENDISH, daughter of Sir William CAVENDISH.Charles STUART'S brother, Henry STUART, married 29 July 1565 Edinburgh, Scotland, Mary of GUISE, Queen of SCOTS, and their son, James, b. 19 June 1566, became JAMES I, King of England. Robert DEVEREUX'S sister, Penelope, married 1st, Robert Lord RICH, son of Robert RICH, 2nd Baron RICH. Their son, Robert, became the 2nd Earl of WARWICK, and his daughter, Anne, married 1st, John SMITH, son of Sir Thomas SMITH (Treasurer of the Virginia Company) by his wife Sarah BLOUNT, daughter of William BLOUNT, Esq. Anne married 2nd, as his 2nd wife, Edward MONTAGUE, Viscount MONTAGUE, knight of the shire of Huntingdon 1623-1625. Sir Robert PAYNE of St. Neot's, Hunts., was a protege of both Edward MONTAGUE and Oliver CROMWELL [see Derek Wilson, "The King and the Gentleman"]. Sir Robert replaced CROMWELL as MP for Hunts. in 1625. MONTAGUE also was the boss of Samuel PEPYS in the Admiralty, who employed several PAYNE'S in his household [see the Diary's of Samuel PEPYS]. More on the RICH family and the PAYNE connection's to that family shortly. Penelope DEVEREUX'S 2nd husband was Charles BLOUNT, 8th Earl of MOUNTJOY and Earl DEVONSHIRE by 1605- another name from the trial of Robert DEVEREUX. Another sister of Robert DEVEREUX, Dorothy, married Henry PERCY, Earl of NORTHUMBERLAND, son of Henry PERCY, Earl of NORTHUMBERLAND, by his wife, Catherine NEVILL. Their daughter, Dorothy PERCY, married Robert SIDNEY, 2nd Earl of LEICESTER, son of Robert SIDNEY, 1st Earl of LEICESTER; son Algernon PERCY, married 1st, Anne CECIL, daughter of William CECIL, Earl of SALISBURY, by his wife Catherine HOWARD. From this marriage, daughter Anne PERCY, married Philip STANHOPE, Earl CHESTERFIELD, son of Henry Lord STANHOPE. Algernon's 2nd wife was Elizabeth HOWARD and by this marriage, son Joceline PERCY, Earl NORTHUMBERlAND, married Elizabeth WRIOTHESLEY, daughter of Thomas WRIOTHESLEY, Earl SOUTHAMPTON by his wife Elizabeth LEIGH (LEE)- Robert DEVEREUX'S co-conspirator in the trial above. Their daughter, Elizabeth PERCY, married 1st, Henry CAVENDISH, Earl OGLE (who assumed the name PERCY), son of William CAVENDISH, Duke of NEWCASTLE by his wife Elizabeth BASSETT. Elizabeth PERCY married 2nd, Thomas THYNNE, whose family assumed the title of BATH, an office also held previously by the BOURCHIER, GRANVILLE, and PULTENEY families so closely associated with the PAYNE family of LEICESTER/SUFFOLK. Elizabeth PERCY'S 3rd husband was Charles SEYMOUR, 6th Duke of SOMERSET. By this marriage, son Charles SEYMOUR became the Earl of HEREFORD and daughter Elizabeth SEYMOUR married Henry O'BRIEN, 8th Earl THOMOND and Viscount TADCASTER of Ireland., son of Henry Horatio Lord O'BRIEN by his wife Lady Henrietta SOMERSET, whose 2nd husband was Henry HOWARD, 6th Earl of SUFFOLK., son of Henry HOWARD, 5th Earl of SUFFOLK and his wife Mary STUART. The 6th Earl's 1st wife was Aubrie Anne Penelope O'BRIEN (Lady WALDEN), daughter of Henry O'BRIEN, 7th Earl THOMOND by his wife Susan (or Sarah) RUSSELL. Elizabeth WRIOTHESLEY married 2nd, Ralph MONTAGU, Duke MONTAGU. With these families alone, we can easily see the degree to which the peers of England intermarried. Not unlike the merchant network of the 17th century written about by some of our most eminent historians on the subject. Although it is a very complex web to unravel, it is possible for those with a stomach for it. In my case, in order to establish that the merchant network of the 17th century was NOT a product of the colonization of that period, it is necessary to show how they fit into this early network of peers. We have now covered one critical aspect of that. Many of the names found above play an integral role in the lives of the PAYNE family and others of the merchant network. Of the other's named in the trial as being associated with the two conspirators: Charles BLOUNT (1563-1606), Earl of DEVONSHIRE and 8th Baron MOUNTJOY- Knighted in 1586, he was an English soldier and friend of the 2nd Earl of ESSEX. BLOUNT accompanied ESSEX and Sir Walter RALEIGH on their unsuccessful expedition to the Azores in 1597. He became the Lord Deputy of Ireland in 1601 and quelled the revolt led by the Irish chief Hugh O'NEILL, 2nd Earl of TYRONE, when the Irish failed in their attempt to reach a Spanish force that had arrived at Kinsale in 1601. He subdued most of Ireland and was created Earl in 1603. Sir Ferdinando GORGES (ca. 1566-1647), was an English-born American colonist and founder of the state of Maine. GORGES was born in Somerset, and before the age of 21 was a prisoner of the Spaniards. In 1589 he fought for Henry IV of France. He became Governor of Plymouth and was also a close friend of the 2nd Earl of ESSEX, whom he supported in his attempt to rebel. He continued in his office as governor of Plymouth under James I, but later turned his attention to the colonies, and had an interest in many plantations. He received a Royal Charter for Maine in 1639. For much more information on GORGES, RICH, DAVIES, POPHAM, and several others associated with the early merchant network who were closely associated with these men, see http://www.payn.org/members/family-notes.shtml KNYVETT- The connection to the KNYVETT family is also a deep one. Edmund KNYVETT "of Ashwellthorp, Norfolk" was the husband of Joan (or Jane) BOURCHIER, daughter of John BOURCHIER, 2nd Baron BERNERS, and Catherine HOWARD, daughter of John HOWARD, Duke of NORFOLK, and his wife Katherine MOLEYNS. John BOURCHIER was the son of Humphrey BOURCHIER, Lord CROMWELL and Elizabeth TILNEY, whose first husband was Thomas HOWARD, Duke of NORFOLK, son of John HOWARD above. This BOURCHIER line goes back to the PLANTAGENET'S through Henry BOURCHIER, 1st Earl of ESSEX who married Isabel PLANTAGENET, daughter of Richard, Earl of CAMBRIDGE and Lady Anne MORTIMER. Henry BOURCHIER, the 1st Earl of ESSEX was the son of William BOURCHIER, Compte d' EWE (or EU), and his wife Anne of GLOUCESTER, Countess BUCKINGHAM, daughter of Thomas "of Woodstock", Duke of GLOUCESTER and Eleanor BOHUN. Anne of GLOUCESTER had married 1st, Thomas STAFFORD, 3rd Earl STAFFORD and married 2nd, Thomas' brother, Edmund STAFFORD, 5th Earl of STAFFORD, both son's of Hugh STAFFORD, 2nd Earl STAFFORD by his wife Philippe De BEAUCHAMP. Thomas "of Woodstock" was the brother of John "Of GAUNT" who had married Catherine, daughter of PAYNE de ROET, King of Arms. Sir Henry KNYVETT, by his wife Elizabeth STUMPE, had daughter Catherine, as mentioned above, who married 1st, Richard RICH, son of Robert RICH, 2nd Baron RICH and married 2nd, as his 2nd wife, Thomas HOWARD, Earl of SUFFOLK, son of Thomas HOWARD, 4th Duke of NORFOLK by his wife Margaret AUDLEY.Richard RICH'S brother, Robert Lord RICH, married Penelope DEVEREUX, as also mentioned above. His sister, Frances "of Layer Marney, Essex" married, as his 2nd wife, Thomas CAMMOCK. The CAMMOCK family and their intermarriages are significant in yet another aspect of the PAYNE family connections. Through the marriage of Thomas CAMMOCK and Frances RICH, daughter Martha CAMMOCK married Sir Richard SALTONSTALL, the Provisional Governor of the Massachusetts Bay Colony. Sir Richard's marriage to Martha was his 3rd, having first married Grace KAYE. By that marriage, their daughter, Rosamond SALTONSTALL, married Col. Richard PAYNE "of Gunley Hall, Montgomeryshire, Wales." Daughter Grace SALTONSTALL married Col. Thomas COOPER. Richard PAYNE has not yet been placed but his residence in Wales was close to that of Tobias PAYNE "of Kings Caple, Hereford" who named William MORGAN in his 1649 will. The MORGAN'S were a prominent family in WALES and several family traditions state that PAYNE'S were also prominent there. Sir Richard SALTONSTALL'S 2nd marriage is said to have been to Elizabeth WEST, the daughter of Thomas WEST, 2nd Lord DE LA WARE, by his wife Anne KNOLLYS. Her first marriage was to Herbert PELHAM, Esq. "the elder." Martha CAMMOCK'S brother, Captain Sussex CAMMOCK was the father of Warwick CAMMOCK who married 1667 in Old Rappahannock County, Virginia, Margaret (believed to have been) POWELL. Robert PAYNE, alias Robert DAVIES, the Clerk of the Rappahannock County Vestry who married Elizabeth LAWSON in 1666, named Warwick CAMMOCK in his 1675 will, making a special provision to appoint Warwick as the overseer of his will. I believe that this Robert PAYNE was the son of Sir Robert PAYNE of St. Neot's, Hunts. which I have addressed elsewhere. Margaret POWELL'S 1st husband was Silvester THATCHER, also of Rappahannock County. Their daughter Elizabeth married John DEANE. Upon the death of Elizabeth, John DEANE married 2nd, Jane WALKER, the daughter of Col. John WALKER by his 1st wife, Sarah. Col. John WALKER'S 2nd wife, and her 3rd husband, was Sarah (nee FOX?), who had 1st married ? BURDEN, 2nd Col. Henry FLEETE, and 4th John STONE. Jane WALKER'S sister, Anne WALKER, married John PAYNE, Jr., son of John PAYNE and Margaret ROBINSON. This John PAYNE was the subject of Col. Brooke Payne's, "PAYNES of Virginia." The daughter of John PAYNE, Jr. and Anne WALKER, Elizabeth PAYNE, married Henry THATCHER, son of Henry THATCHER and Eltonhead CONWAY. Eltonhead CONWAY was the granddaughter of Edward CONWAY, 1st Viscount CONWAY and his wife Dorothy TRACY. This leads into an entirely different set of connections surrounding the CONWAY-TRACY-THATCHER-SUTTON families which has also been addressed previously and may be found at my web site. Having established these facts from reliable sources- those preferred within the academic community, it is possible to move into the colonization period itself under GORGES, RALEIGH, RICH, SALTONSTALL, and others, which encompasses the merchant network as put forth by Bernard Bailyn, Robert Brenner, and other leading historians. I will address this in separate pages, some of which are currently available on my web site- http://papayne.rootsweb.com

    03/23/2000 09:48:29