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    1. Trial of ESSEX & SOUTHAMPTON- Part 1
    2. Patrick Payne
    3. Throughout this web site I have presented some of the numerous ties that the merchant network, particularly the PAYNES, had with peers, such as: MONTAGU, RICH, HOWARD, PLANTAGENET, CONWAY, CARTERET, GRANVILLE, BOURCHIER, and STAFFORD. Many of these relationships stem from the fact that they were proteges, members of the household, servants, or relatives of these families. They were often employed in various positions, such as bailiff's, chaplain's, almoner's, palfreymen, etc. and they can be found in those positions from very early dates, going back to at least the 14th century. Those relations continued through the 16th and 17th century colonization period. In the 15th and into the 16th century, the PAYNE family of Leicester/Suffolk was heavily involved with these peers, some of which were supporters of Catherine of ARAGON at CALAIS, France. CALAIS seems to hold a lot of significance for which I am presently delving into. The following is offered as further evidence to these associations. It begins with the trials of the Earl of ESSEX (DEVEREUX) and the Earl of SOUTHAMPTON (WRIOTHESLEY) in 1601 on charges of high treason and moves into the early 17th century colonization attempts by their supporters- on projects these peers were also involved with. It should be noted, however, that there was a lot of division among these families for political and religious reasons. Anyone that has even briefly studied the history of England knows very well that these families often had internal conflicts which placed fathers, sons and brothers at odds- often resulting in open warfare. It should come as no surprise, therefore, that their subjects would have been equally divided in their own families. The PAYNE'S are a good example of this. For example, The Leicester/Suffolk branch, descendants of Sir Thomas PAYNE "of Market Bosworth" served the Duke of Buckingham (Edward STAFFORD), Sir Thomas KYTSON, and the Earl and Countess of Bath (BOURCHIER). Dame Margaret DONNINGTON, in fact, had first married Sir Thomas KYTSON, a devout Catholic who established his own chapel at Hengrave Hall. She later married John BOURCHIER, the Earl of Bath. Henry PAYNE, bailiff of Hengrave, thus became her "beloved friend." On the other hand, Robert PAYNE "of Huntingdonshire," who is thought to have also been a son of Sir Thomas PAYNE "of Market Bosworth," and his family, were connected to CROMWELL and MONTAGU- placing them in direct conflict with their relatives in Suffolk. Robert PAYNE, the grandfather of Sir Robert "of St. Neot's, Hunts.," was responsible for the dissolution of the Catholic monasteries in Huntingdonshire under King Henry VIII. The MONTAGU'S and CROMWELL'S themselves were a divided family, on opposing sides during the English Civil War. Such divisions were notorious during the earlier War of the Roses, which these families were undoubtedly affected by. In fact, Market Bosworth in Leicester was the scene of the last battle of that family conflict- which occured precisely at a time when the family of Sir Thomas PAYNE removed from Leicester to Suffolk- 1489. Henry's father, William PAYNE, had served under Edward STAFFORD (Duke of Buckingham) and his wife, Eleanor PERCY. If their family genealogy is traced back from this time, the both lead to the LANCASTRIAN government (and to PAYNE De ROET'S daughters- Catherine and Philippa). To begin with the trial of ESSEX (DEVEREUX) and SOUTHAMPTON (WRIOTHESLEY) in the year 1601, we find that "the Lords were called and answered to appear as followeth:" (I assume in order of precedence. The Lord's surname is given following the title) (Note: this is not a full transcription of the case, although it all makes for interesting reading. I have included only the text that applies to those involved which establishes later events and associations during the colonization.) · Edward Earl of OXFORD (VERE) · Gilbert Earl of SHREWSBURY (TALBOT) · William Earl of DERBY (STANLEY) · Edward Earl of WORCESTER (SOMERSET) · George Earl of CUMBERLAND (CLIFFORD) · Robert Earl of SUSSEX (RATCLIFFE) · Edward Earl of HERTFORD (SEYMOUR) · Henry Earl of LINCOLN (CLINTON) · Charles Earl of NOTTINGHAM (HOWARD) · Thomas Viscount BINDON (HOWARD) · Thomas Lord DE LA WARE (WEST) · Edward Lord MORLEY (PARKER) · Henry Lord COBHAM · Henry Lord STAFFORD · Thomas Lord GRAY · Thomas Lord LUMLEY · Henry Lord WINDSOR · William Lord CHANDOS · Robert Lord RICH · Thomas Lord D'ARCY · George Lord HUNSDON · Oliver Lord ST. JOHN of BLESTO · Thomas Lord BURGHLEY · William Lord COMPTON · Thomas Lord HOWARD of WALDEN "Then the Earl of ESSEX (DEVEREUX) 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 alleged a case in Henry the Eighth's time, of my Lord D'ARCY, whereupon the Earl bade them go on." (when the Lord GRAY was called, the Earl of ESSEX laughed upon the Earl of SOUTHAMPTON (WRIOTHESLEY), and jogged him upon 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. That being done, they were bid to hold up 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 the Peers. They spake this severally. They my Lord High Steward in a few words gave the peers a charge, requiring them to have due regard for their consciences." Various witnesses were called forth, including those for the defense, which are of interest for these purposes. The first being the confession of Sir FERDINANDO GORGES, which I include here: "He (GORGES) deposeth that in January last the Earl of ESSEX wrote to him a letter, wherein he complained grievously of his misfortunes and the miserable estate he stood in, whereof he proposed shortly to free himself. And therefore prayed Sir Ferdinando GORGES to come up to London to him; who coming accordingly, the Earl told him how mightily he was crossed and discredited by his private enemies, which he could not endure. "For," saith he, "I have 120 Earls, Barons, and Gentleman that participate in my discontented humour and will join with me; and I desire your help and counsel therein. One especial friend I have in the Court, whereby I have intelligence from time to time. And I hold ourselves indifferently affected by the citizens of London and hope to have a good party in Wales." "He confessed also that they had two several meetings at DRURY House (a family known to Henry PAYNE from which he had purchased lands and left his CHAUCER manuscript in his 1569 will to the grandson of Ursula DRURY- Sir Gilles ALINGTON) to consult of these matters and the projects were, whether it were better first to surprise the Court or to take the Tower of London, or to stir the City. But most agreed first to surprise the Court and then and there Sir John DAVIES (undoubtedly a relative of Captain Robert DAVIES which will be addressed shortly) 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." "And Sir Ferdinando GORGES said to the Earl of ESSEX, "Alas, My Lord! What is so small a number of men able to do in so worthy an action?" And so dissuaded the Earl from surprising the Court, and rather bade him submit himself to the Queen's mercy than proceed any further." "And 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 to first stir up London, where they assured themselves of great favour. And after the council was locked up, this deponent followed the troops into London, and after some advice the Earl of ESSEX sent him back again with a token to deliver to the Lord Chief Justice only, by colour of which token be set at liberty the Lork Keeper and the rest." "Lastly, he confirmed that he told Sir Walter RALEIGH first upon the Thames of my Lord of ESSEX'S making his house into a Guard, and putting his friends into arms, as it is delivered by Sir Walter RALEIGH. At this point we have learned that Sir Ferdinando GORGES was a partisian of Lord DEVEREUX, who at this time, had been conspiring with Lord WRIOTHESLEY and other Lords ("For," sayeth he, "I have 120 Earls, Barons, and Gentlemen...") at DRURY House. This at least implies that the DRURY'S were also involved with DEVEREUX (whether directly or indirectly). GORGES, hearing of the scheme then confided in Sir Walter RALEIGH "upon the Thames." Also, ESSEX had implicated Lord CECIL. Depending on the point of view taken, DEVEREUX was either "conspiring" to overthrow the government or, as he claimed in his defense, merely attempting to ensure that he would have safe and unhindered access to the Queen to plead his case. "Here Sir Robert CECIL stepped forth into the Court (having kept himself private till then) and humbly desired leave to speak to ESSEX." CECIL- "The difference between you and me is great: for I speak in in the person of an honest man, and you, my lord, in the person of a traitor. For well I know you have it at will. The pre-eminence hath been yours, but I have Innocence, Truth of Conscience, and Honesty to defend me against the scandal of slanderous tongues and aspiring hearts." And I protest before God, I have loved your person, and justified [defended] your virtues. And I appeal to God and the Queen that I told her Majesty that your afflictions would make you a fit servant for her. And had I not seen your ambitious affections inclined to usurption, I could have gone on my knees to her Majesty to have done you good. But you have a sheep's garment in show, and in appearance are humble and religious; but God be thanked we know you. For indeed your religion appears by BLOUNT, DAVIES, and TRESHAM- your chiefest councilors for the present- and by promising liberty of conscience hereafter." I stand for Loyalty, which I never lost. You stand for Treachery, wherewith your heart is possessed. And you charge me with high things, wherein I defy you to the utmost." "You, my good lords, councilors of state, have many conferences and I do confess I have said the King of Scots is a competitor, and the King of Spain is a competitor, and you, I have said, are a competitor. You would depose the Queen. You would be King of England and call a parliament." "Ah my lord, were it but your own case the loss had been the less; but you have drawn a number of noble persons and gentlemen of birth and quality into your net of rebellion, and their bloods will cry vengeance upon you. For my part, I vow to God, I wish my soul was in heaven and my body at rest, so this had never been." ESSEX- "Ah, Mr. Secretary, I thank God for my humbling, that you in the ruff or your bravery came to make your oration against me here this day." CECIL- "My lord, I humbly thank God that you did not take me for a fit companion for you and your humours, for if you had, you would have drawn me to betray my sovereign, as you have done. But I would have you name the councilor you speak of. Name him! Name him if you dare; I defy you, name him if you dare!" ESSEX- "Here stands an honourable person (meaning the Earl of SOUTHAMPTON) that knows I speak no fables. He heard it as well as I." CECIL- "Then my good lord of SOUTHAMPTON, I adjure you by the duty you owe to God, Loyalty, and Allegiance you owe to your Sovereign, by all tokens of true Christianity, and by the ancient friendship and acquaintance between us, that you name the councilor." SOUTHAMPTON- "Mr. Secretary, if you will needs have me name the councilor, it was Mr. Comptroller [Sir William KNOLLYS, ESSEX'S uncle.]." "Whereupon the Secretary falling down upon his knees, said, I thank God for this day, and upon his knee desired the Lord High Steward that a Gentleman of the Privy Chamber (or one that might have access to the Queen) might go, and humbly entreat Her Highnes to command Mr. Comptroller to come before your Grace [the justice]." "Here the Lord High Steward calling Mr. KNYVETT (a gentleman of Her Majesty's Privy Chamber) said unto him: Go, Mr. KNYVETT, unto her Majesty and let her understand Mr. Secretary's demand." CECIL- "Mr. KNYVETT, you shall have free access unto Her Majesty. Tell her that I vow before the God of Heaven that if she refuse to send Mr. Comptroller, whereby I may clear myself of these open scandals, I will rather die at her foot as her subject and vassal than live to do her any more service in the honourable degree wherein her Highness employs me. And withal, let me adjure you Mr. KNYVETT that you do not acquaint Mr. Comptroller with the cause why you come for him." "Mr. KNYVETT went, and not long afterward returned with Mr. Comptroller, to whom the Lord High Steward [Lord BUCKHURST] repeated the cause why he was sent for, and desired him to satisfy the Lords whether Mr. Secretary did use any such speech in his hearing, or to his knowledge." Mr. Comptroller (KNOLLYS)- "I remember once in Mr. Secretary's company there was a book read that treated of such matters. But I never did hear Mr. Secretary use any such words, or to that effect." "Whereupon Mr. Secretary thanked God, that though the Earl stood there as a traitor, yet he [CECIL himself] was found an honest man and faithful subject, withal saying: I beseech God to forgive you for this open wrong done unto me, as I do openly pronounce, I forgive you from the bottom of my heart." ESSEX- "And I, Mr. Secretary, do clearly and freely forgive you with all my soul, because I mean to die in charity." BACON- "My lord, you may now perceive that my lord of ESSEX went about to procure the matter, and to give over on the instant." After ESSEX had presented his defense, attention then turned to SOUTHAMPTON: SOUTHAMPTON- "Well, I beseech your lordship, let me satisfy your Lordship and the rest thus much, that for my own part, I did never know the laws." "Now to show the causes that made me adventure so far as I did. The first occasion that made me adventure into these courses was the affinity betwixt my Lord of ESSEX and me- I being of his blood and marrying his kinswoman- so that for his sake I would have hazarded my life. But of what I have by my forwardness offended in act I am altogether ignorant, but in thought I am assured never. If through my ignorance in the Law I have offended, yet I humbly submit myself to her Majesty, and from the bottom of my heart do beg her gracious pardon if it please her." "And I hope that neither your Lordship nor any of the peers will hold any of the former resolutions spoken of by these orators. For any certainty depends no otherwise than one upon the other. Fir if any foolish speeches have passed, I protest as I shall be saved that they were never purposed by me, nor understood to be purposed by me, to the hurt of Her Majesty's person." ESSEX- "I beseech your lordship to understand me and assure yourself that what I now speak is not with any desire, I protest, to spare one drop of my own blood. And because some honourable persons are interested in the cause, I would (under favor) signify, because the point hath been so much urged by Mr. Attorney, that our being in London when we were past [St.] Paul's, word was brought to me that the chain was drawn at Ludgate, and that my lord of CUMBERLAND (CLIFFORD) was there. Which when I heard I was right glad to have put myself into so honourable a person's hands as his. But it was a false report, for my lord was not then come tither." "After which I went to Sheriff's SMITH'S house, and after my coming tither, I sent the sheriff and Mr. Alderman WATS to my Lord Mayer (Mayor?), desiring him to come to us. [Or] if he would not, to send four of his aldermen to see if we demeaned ourselves loyally, with intent to put ourselves into their hands to use us as they would, or to put us into any prison. Yet, in regard of our private enemies, and the fear of their treachery, we desired them to shut their gates. And this was the end for which we went into the City." Mr. ATTORNEY- "My Lord, if you had no other purpose, why did you go into Gracious Street and Fenchurch Street, crying out all the way you went, "England is bought and sold to the Spainiard?" SOUTHAMPTON- "Mr. Attorney, I protest. As I hope to have mercy in Heaven, I never heard my Lord speak any such word. Neither did I hear of the proclamation you speak of, made by my Lord BURGHLEY and the Herald at Arms. Neither did I see them, and I deny (my soul and conscience bearing me witness) that I even knew of any intent or meaning, or did ever mean or intend any treason, rebellion, or other action against my Sovereign of the State. What I did was to assist my Lord of ESSEX in his private quarrel." "And therefore, Mr. Attorney, you have urged the matter very far and wrong me therein. My blood be upon your head." "As for my Lord of RUTLAND (MANNERS), whereas he inferreth against me to be a persuader and inviter of my Lord of ESSEX to these actions, he wrongeth me exceedingly, for he was never the man saw me once discontented, and therefore had small ground or reason so to say." "And you, Mr. Attorney, whereas you have charged me for a Papist, I protest most unfeignedly, I was never concersant with any of that sort. I only knew one WHITE, a priest that went up and down the town, yet I never did converse with him in all my life." Upon completion of the testimony, the Proclamation was made: Sergeant at Arms (RALEIGH)- "Lieutenant of the Tower, withdraw your prisoners from the Bar." They being removed, the Lords and Peers went together into a private place made of purpose behind the canopy and chair of Estate. Then the two Chief Judges and the Lord Chief Baron were sent for in to them to deliver their opinions in law. After half an hour, they came all out again, and each man took his place. Which being done, the Sergeant at Arms begun at the punie [lowest ranking] Lord, and called Thomas, Lord HOWARD, who stood up bare headed. Then said the Lord High Steward:" My Lord Thomas HOWARD, [say] whether is Robert Earl of ESSEX guilty of this treason whereupon he hath been indicted, as you take it upon your honour, or no?" "Whereupon the Lord Thomas HOWARD made answer, bending his body and laying his left hand upon his right side, said: Guilty, my Lord, of High treason." "After which manner all the Peers found him guilty one after another from the punie to the highest, and so delivered in like sort upon their honours. Being called over anew, they found Henry Earl of SOUTHAMPTON guilty of High treason also." "Then the Sergeant of Arms commanded the Lieutenant of the Tower to bring his prisoners to the Bar again. Then the Clerk of the Crown speaking first to the Earl of ESSEX said:" Clerk of the Crown- "Robert Earl of ESSEX, you have been arraigned and indicted of High Treason. You have pleaded Not Guilty. And for your trial you have put yourself upon God and your peers. The peers here, who have heard the evidence and your answer in your defense, have found you guilty. Now what can you say for yourself why you should not have judgement of Death." ESSEX- "I only say this, that since I have committed that wich hath brought me within the compass of the law, I may be counted the law's traitor in offending the law, for which I am willing to die, and will as willingly go thereto as ever did any. But I beseech your Lordship and the rest of the Lords here to have consideration of what I have formerly spoken, and do me right as to think of me as a Christian, and that I have a soul to save, and that I know it is no time to jest." "Lying and counterfeiting my soul abhoreth, for I am not so desperate nor void of grace now to speak falsely. I do not speak to save my life, for I see that were in vain. I owe God a death, which shall be welcome, how soon ever it pleaseth her Majesty. And to satisfy the opinion of the world, that my conscience is free from Atheism and Popery, howsoever I have been in this action minded to transgress to points of the law in the course and defense of private matters, and whatsoever through the weakness of my with the dullness of memory, or through violent courses (if there be any violent that seek either life or death). "Or if I have omitted or may have uttered any thing otherwise, yet I will live and die in the faith and true religion which here I have professed."

    03/23/2000 09:48:20