and assure yourself, that what I now speak is not to spare my own blood, but for the sake of the many honourable persons who have engaged with me in this matter. I protest I was credibly informed twice of a force levied to surprise us before our coming from Essexhouse; also I protest that I sent for no man in the morning as is alleged, save only that I sent for my Lord of Sussex to meet me with a number of his friends, saying that I had a desire to satisfy all the honourable spirits of the land, of whom I took his Lordship to be one. I declare also, that at our first going into London, when we were past St. Paul's, word was brought us that the chain was drawn at Ludgate, and that my Lord of Cumberland was there: which when I heard, I was right glad; and did send to speak with him, and to make myself understood of him, for I would willingly have put myself into so honourable a person's hands; but it was a false report, for my Lord was not then come thither. After which I went to Sheriff Smith's house; and after my coming thither, I sent the Sheriff and Mr. Alderman Watts to the Mayor, desiring him to come to us; if he would not, to send four of his Aldermen to see if we demeaned ourselves disloyally; at their coming we would have yielded 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. And as for the matter of force objected by Mr. Attorney in killing some of the Queen's subjects, it was greatly against my mind, for the blood of my countrymen has been ever dear to me; neither did I ever draw sword on that day till I was charged at Ludgate, where I was shot twice through my hat.

Attorney. My Lord, if you had no other purpose, why did you go into Gracechurch-street, and Fenchurchstreet, crying out all the way you went, "England is bought and sold to the Spaniard!"

Southampton. Mr. Attorney, I protest (as I hope to have mercy at God's hands) I never heard my Lord speak *Here the reporter adds, "as the Earl of Sussex being then present did confess."

any such words, neither did I hear the proclamation you speak of, made by my Lord Burleigh and the Herald at Arms; neither did I see them: and I deny (in my soul and conscience) that I ever knew of any intent and meaning, or did ever mean or intend any treason, rebellion, or other action against my Sovereign or the State; but only what I did, was merely and only to assist my Lord of Essex in his private quarrels. Mr. Attorney, you have urged the matter very far, and if you wrong me therein, my blood be upon your head. And my Lord of Rutland also wrongeth me exceedingly, by charging me with having incited my Lord of Essex to detain the Lord Keeper and the rest; for I only whispered my Lord of Essex to go up into his chamber: and my Lord of Rutland never saw me once discontented, and therefore had small grounds or reason to say I was so.

Essex. My Lord, and you that be our peers, I beseech you give me hearing thus far; I desire to impress the minds of our censurers or triers, that they may not be misled into a prejudice against us, because out of a form and custom of speaking, these orators of the Queen make us seem the more odious in the sight of men. Within these few days I was fully resolved to have received the communion, to be a testimony that I was far from bearing of malice to any, not so much as to my private enemies. But then the breach between the Earl of Southampton and the Lord Grey, happening on a sudden, hindered my intent in that; for so soon as I knew of it, I found my affections to stir in it exceedingly, seeing that her Majesty had not power sufficient to prevent my friend from being publicly assailed in the streets: yet I have since that time laboured, and by my prayers to Almighty God, earnestly desired that I might be armed with patience and be made fit to endure all afflictions. And here I protest before the living God, as he may have mercy on me, that my conscience is clear from any disloyal thought of harm to her Majesty; and my desire ever hath been to be free from bloodshed. If in all my thoughts and purposes I did not ever desire the good estate of my Sovereign and country as of my own soul, I beseech thee, O Lord, shew some mark upon me and my soul in this place, for a testimony to all

the world of thy just vengeance for my untruth! And thou, O God, which knowest the secrets of all hearts, knowest that I never sought the crown of England, nor ever wished to be of higher degree than a subject!

Bacon. My Lord, I have never yet seen, in any case, such favour shown to any prisoner; so many digressions, such delivering of evidence by fractions, and so silly a defence of such great and notorious treasons. Your Lordships may see how weakly my Lord of Essex hath shadowed his purpose, and how slenderly he hath answered the objections against him. But admit the case that the Earl's intent were as he would have it, to go as a suppliant to her Majesty, shall petitioners be armed and guarded? Neither is it a mere point of law, as my Lord of Southampton would have it believed, that condemns them of treason, but it is apparent in common sense; to consult, to execute, to run together in numbers, in doublets and hose, armed with weapons, what colour of excuse can be alleged for this? And all this persisted in after being warned by messengers sent from her Majesty's own person. Will any man be so simple as to take this to be less than treason? But, my Lord, doubting that too much variety of matter may occasion forgetfulness, I will only trouble your Lordships' remembrance with this point, rightly comparing this rebellion of my Lord of Essex to the Duke of Guise's, that came upon the barricadoes at Paris in his doublet and hose, attended upon but with eight gentlemen; but his confidence in the city was even such as my Lord's was, and when he had delivered himself so far into the shallow of his own conceit, and could not accomplish what he expected, the King taking arms against him, he was glad to yield himself, thinking to colour his pretexts and his practices by alleging the occasion thereof to be a private quarrel.

Essex. My Lord, I must confess my fault in standing out, and maintaining my house with defence and resistance; and I will not deny but that my Lord of Southampton and Sir Charles Danvers did persuade me to parley with my Lord-General. I hope your Lordships will remember I did yield upon some indifferent terms and conditions; which were, First, That we might have

an honourable trial. Secondly, that we might deliver our griefs to the Queen ourselves. Thirdly, that we might come forth in safety. Fourthly, that I might have my minister with me during the time of my imprisonment. And, lastly, (which I chiefly beg of her Majesty,) that she would be pleased to free some that were in my house with me, and guiltless, for knowledge, intent, or action, of what was by me purposed. All which I thought good to remember, and so humbly submit ourselves to her Majesty's gracious pleasure.

Then the Lord High Steward directed the Peers to go together, and ordered the Lieutenant of the Tower to withdraw the prisoners from the bar. They being removed, the Lords went together into a private place provided for them, fairly hung with tapestry, behind the canopy and chair of estate, where the Court of Chancery is kept *.

Then the two Chief Judges and the Lord Chief Baron were sent for in to them, to deliver their opinions in law, which they did upon two several points; the one, that in case where a subject attempteth to put himself into such strength, as the King shall not be able to resist him, and to force and compel the King to govern otherwise than according to his own royal authority and

* A contemporary Letter from Monsieur de Boississe, the French Ambassador, to Monsieur de Rohan, published in Winwood's Memorials, vol. i. p. 296, contains an impudent misrepresentation of the Proceedings on this trial. He relates this part of the trial as follows: Un peu apres, les Advocats mirent fin à leur accusation, et Messieurs les Pairs à leur confitures et à la bière; car cependant que le Comte et les Advocats plaidoient, Messieurs bauffroient comme s'ils n'eussent mangé de 15 jours, prenant aussi force tabac. Puis s'en allérent en une salle pour donner leur voix; ou bien saouls et bien yvres de tabac condemnérent les deux Contes."-" Shortly afterwards, the Counsel ended their pleadings, and the Peers their biscuits and beer. For while the Earl and the Counsel were pleading, my Lords guzzled as if they had not eaten for a fortnight, smoking also plenty of tobacco. Then they went into a room to give their voices; and there, stupid with eating, and drunk with smoking, they condemned the two Earls."

trial.

These Resolutions are taken from Bacon's account of the

VOL. I.

2 I

direction, it is manifest treason and rebellion. The other, that in every rebellion the law intendeth as a consequent the compassing the death and deprivation of the King, as foreseeing that the rebel will never suffer that king to live or reign who might punish or take revenge of his treason and rebellion.

After half an hour the Peers came all out again, and each man took his place; which being done, the Serjeantat-Arms began at the junior Lord, and called Thomas Lord Howard, who stood up bare-headed; then said the Lord High Steward,

L. H. Steward. My Lord Thomas Howard, 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, upon my honour." After which manner all the Peers found him guilty one after another, from the junior to the highest, and so delivered in like sort upon their honours. Being called over a-new, they found Henry Earl of Southampton guilty of high treason also.

Then the Serjeant-at-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, "Robert Earl of Essex, you have been indicted by two several indictments 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 answers in your defence) have found you guilty: now what can you say for yourself, why you should not have judgment of

death?"

Essex. I only say this, that since I have committed that which hath brought me within the compass of the law, I am willing to die. My own life I do not value; but I intreat your Lordships to interpose with her Majesty to grant my Lord of Southampton her gracious pardon; he may yet do her Majesty good service. For myself, I have only to beseech your Lordships to have