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authority and 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 Serjeant-at-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 whèreupon 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
consideration of what I have formerly spoken, and do me the justice to think me a Christian. As I have a soul to save, I know that it is now no time to jest: lying and counterfeitiny, my soul hath at all times abhorred; and especially at this time I am not so desperate nor so void of grace as to speak falsely. I do not speak to save my life, for that I see were now but in vain: I owe God a death, which shall be welcome whensoever it pleaseth her Majesty. But to satisfy the opinion of your Lordships and the world, I declare that liowsoever I may have been in this action misled to transgress the law, I never had any treacherous or disloyal intentions towards her Majesty. If ever I had perceived that any of my followers harboured an evil thought against her Majesty, I would have been the first to be his executioner. I would not that your Lordships should speak of me to the Queen as one who despises her clemency; but I shall not, I think, be found to make any cringing submission to obtain it. I wish, moreover, that your Lordships should believe that my conscience is free from Atheisin and Popery, and that I shall die in the faith and true religion which I have always professed. And, my Lords, if through the weakness of my wit, or dulness of my memory, I have omitted anything, or if I have uttered anything otherwise than as becometh me, I crave your Lordships' pardon for the same.
Then the Clerk of the Crown demanded of Henry Earl of Southampton, what he could say for himself
, why judgment of death should not be pronounced against him?
Southampton. My Lords, I must say for my part, as I have said before, that my ignorance of the law hath made me incur this danger, and that I humbly submit myself to her Majesty's mercy; and therefore, my Lord High Steward, and my Lord Admiral, seeing that I am condemned by the letter of the law, I pray you truly to inform the Queen of my penitence, and be a means for mne to her Majesty to grant me her gracious pardon. I know I have offended her; yet if it please her to be merciful unto me, I may, by my future service, deserve my life. I have been brought up under ber Majesty, I have
spent the best part of my patrimony in her Majesty's service with frequent danger of my life, as your Lordships well know; if there were any that could challenge me, that I have before this ever committed or intended treason, or anytbing prejudicial to her Majesty or estate, I would not desire mercy, nor pray to God to admit me into his kingdom.
But since I am found guilty by the law, I do submit myself to death, yet not despairing of her Majesty's mercy; for I know she is merciful, and if she please to extend mercy to me, I shall with all humility receive it.
Lord Steward. My Lord of Essex, the Queen's Majesty hath bestowed many favours on your predecessors and yourself; I would wish, therefore, that you likewise would submit yourself-lo her Majesty's mercy, acknowledging your offences, and reconciling yourself inwardly to her Majesty, by laying open all matters that were intended to prejudice her Majesty, and the aotors thereof; and thereby no doubt you shall find her Majesty merciful.
Essex. My Lord, you have made an honourable motion to me, for which I humbly thank your good Lordship. Do but send to me at the time of my death, and you shall see how penitent and humble I will be towards her Majesty, in acknowledging her exceeding favours, both to my noble Father and to myself; and I doubt not but the penitent suffering of my death, and sprinkling of my blood, will quench the ill-conceived thoughts of her Majesty against me. I do most humhly desire of her Majesty, that after my death my offences be no inore remembered by her; and I beseech you, my good Lord, mistake me not, nor think me too proud, that I will not crave her Majesty's mercy, for I protest I do crave her Majesty's mercy with all humility; yet I had rather die than live in misery. I have cleared my accounts; I have forgiven all the world, and am quite ready and willing to forsake the world.
Then the Lord High Steward, after a few exhortations unto the Earls to prepare themselves for God, told them, seeing the law bad found them guilty, it followed of course that he must proceed to judgment.
The Earl of Essex replied very cheerfully, and said, * I thank your Lordship for your Christian exhortation, and with a very good will I pray you go on.'
Then the Lord High Steward gave judgment as followeth:
Forasmuch as you, Robert Earl of Essex, and Henry Earl of Southampton, have been indicted of High Treason, and thereto have pleaded not guilty, and, for your trials, have put yourselves upon God and your Peers, who have found you guilty; and being demanded what you could say for yourselves why judgment should not be pronounced against you, you have alleg. ed no sufficient reason, therefore the Court doth award that you both shall be led from hence to the place from whence you came, and there remain during her Majesty's pleasure: from thence to be drawn upon a hurdle through the midst of the City, and so to the place of execution, there to be hanged by the neck and taken down alive, - your bodies to be opened, and your bowels taken out and burned before your face;- your bodies to be quartered, your heads and quarters to be disposed of at her Majesty's pleasure, and so God have Inerry on your souls.
Essex. My Lord, I am not at all dismayed to receive this sentence, for death is far more welcome to me than life; and I shall die as cheerful a death as ever man did. And I think it fitting that my poor quarters, which have done her Majesty true service in divers parts of the world, should now at the last be sacrificed and disposed of at her Majesty's pleasure; whereunto with all willingness of heart I do submit 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 me, that (during the short time I shall live) 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 that is best acquainted with the constitution of his body, so I most wish to have my comfort in spiritual medicine from him who hath been and is best acquainted with the inward griefs and secret afflictions of my soul. And my last request shall be this, – that it will please her Highness that my Lord Thomas Howard and the Lieuten
ant of the Tower may be partakers with me in receive ing the sacrament, to witness of me concerning what I have here protested for my loyalty, religion, and peace of conscience; and then, whensơever 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.
Esser. I humbly thank your Lordships.
Then the Serjeant-at-Arms stood up with the mace on his shoulder, and, after proclamation was made, said thus;- All Peers that were summoned to be here this day, and all other persons attending here on this service, may now depart in her Majesty's peace, for my Lord High Steward is pleased to dissolve his Commission.
As the Lords were rising, the Earl of Essex said, “My Lord De la Ware, and my Lord Morley, l beseech your Lordships to pardon me for your two sons who are in trouble for my sake, and whom I love as myself: 1 protest upon my soul they knew not of anything that was or should have been done, but came to nie in the morning, and I desired them to stay, and they knew not wherefore, - and so farewell, my Lords.'
The Earl of Southampton remained a close prisoner in the Tower* until the commencement of the reign of James I; but, on his accession, he was immediately released, restored to his title and estates, and enjoyed, for the remainder of his life, the favour of his Sovereign.
CONFESSION AND EXECUTION OF THE EARL OF ESSEX.
Immediately upon the conviction of Essex, great pains were taken by the Government to induce him
* It is related in Pennant's London, that, while in the Tower a favourite cat found the means of access to him by descending the chimney of his apartment, and shared his captivity until his final discharge. In a portrait of the Earl, formerly preserved at Bulstrode, the cat is represented as sitting beside him.