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Next day, there appeared at Essex House the earls of Southampton and Rutland, the lords Sandys and Monteagle, with about three hundred gentlemen of good quality and fortune; and Essex informed them of the danger to which, he pretended, the machinations of his enemies exposed him. To some, he said that he would throw himself at the queen’s feet, and crave her justice and protection; to others, he boasted of his interest in the city, and affirmed that, whatever might happen, this resource could never fail him. The queen was informed of these designs, by means of intelligence conveyed, as is supposed, to Raleigh by Sir Ferdinando Gorges; and having ordered the magistrates of London to keep the citizens in readiness, she sent Egerton, lord keeper; to Essex House, with the earl of Worcester, Sir William Knollys, comptroller, and Popham, chief justice, in order to learn the cause of these unusual commotions. They were with difficulty admitted through a wicket; but all their servants were excluded, except the purse-bearer. After some altercation, in which they charged Essex’s retainers, upon their allegiance, to lay down, their arms, and were menaced in their turn by the angry multitude who surrounded them, the earl, who found that matters were past recall, resolved to leave them prisoners in his house, and to proceed to the execution of his former project. He sallied forth with about two hundred attendants, armed only with walking swords; and in his passage to the city was joined by the earl of Bedford and Lord Cromwell He cried aloud, “For the queen! for the queen! a plot is laid for my life;” and then proceeded to the house of Smith the sheriff, on whose aid he had great reliance. The citizens flocked about him in amazement; but though he told them that England was sold to the infanta, and exhorted them to arms instantly otherwise they could not do him any service, no one showed a disposition to join him. The sheriff, on the earl’s approach to his house, stole out at the back door, and made the best of his way to the mayor. Essex, meanwhile, observing the coldness of the citizens, and hearing that he was proclaimed a traitor by the earl of Cumberland and Lord Burleigh, began to despair of success, and thought of retreating to his own house. He found the streets in his passage barricaded and guarded by the citizens under the command of Sir John Levison. In his attempt to force his way, Tracy, a young gentleman to whom he bore great friendship, was killed, with two or three of the Londoners; and the earl himself, attended by a few of his partisans, (for the greater part began secretly to withdraw themselves,) retired towards the river, and taking boat, arrived at Essex House. He there found that Gorges, whom he had sent before to capitulate with the lord keeper and the other counsellors, had given all of them their liberty, and had gone to court with them. He was now reduced to despair; and appeared determined, in prosecution of Lord Sandy’s advice, to defend himself to the last extremity, and rather to perish like a brave man, with his sword in his hand, than basely by the hands of the executioner: but after some parley, and after demanding in vain, first hostages, then conditions, from the besiegers, he surrendered at discretion; requesting only civil treatment, and a fair and impartial hearing.[*]

The queen, who, during all this commotion, had behaved with as great tranquillity and security as if there had only passed a fray in the streets, in which she was nowise concerned,[**] soon gave orders for the trial of the most considerable of the criminals.

* Camden p. 632.

** Birch’s Memoirs, vol. ii. p. 469

The earls of Essex and Southampton were arraigned before a jury of twenty-five peers, where Buckhurst acted as lord steward. The guilt of the prisoners was too apparent to admit of any doubt; and, besides the insurrection known to every body, the treasonable conferences at Drury House were proved by undoubted evidence. Sir Ferdinando Gorges was produced in court: the confessions of the earl of Rutland, of the lords Cromwell, Sandys, and Monteagle, of Davers, Blount, and Davies, were only read to the peers, according to the practice of that age. Essex’s best friends were scandalized at his assurance in insisting so positively on his innocence, and the goodness of his intentions, and still more at his vindictive disposition, in accusing, without any appearance of reason, Secretary Cecil as a partisan of the infanta’s title. The secretary, who had expected this charge, stepped into the court, and challenged Essex to produce his authority, which, on examination, was found extremely weak and frivolous.[*]

* Bacon, vol. iv. p. 530.

When sentence was pronounced, Essex spoke like a man who expected nothing but death; but he added, that he should be sorry if he were represented to the queen as a person that despised her clemency; though he should not, he believed, make any cringing submissions to obtain it. Southampton’s behavior was more mild and submissive; he entreated the good offices of the peers in so modest and becoming a manner, as excited compassion in every one.

The most remarkable circumstance in Essex’s trial was Bacon’s appearance against him. He was none of the crown lawyers; so was not obliged by his office to assist at this trial: yet did he not scruple, in order to obtain the queen’s favor, to be active in bereaving of life his friend and patron, whose generosity he had often experienced. He compared Essex’s conduct, in pretending to fear the attempts of his adversaries, to that of Pisistratus the Athenian, who cut and wounded his own body, and, making the people believe that his enemies had committed the violence, obtained a guard for his person, by whose assistance he afterwards subdued the liberties of his country.

After Essex had passed some days in the solitude and reflections of a prison, his proud heart was at last subdued, not by the fear of death, but by the sentiments of religion; a principle which he had before attempted to make the instrument of his ambition, but which now took a more firm hold of his mind, and prevailed over every other motive and consideration. His spiritual directors persuaded him, that he never could obtain the pardon of Heaven, unless he made a full confession of his disloyalty; and he gave in to the council an account of all his criminal design, as well as of his correspondence with the king of Scots. He spared not even his most intimate friends, such as Lord Mountjoy, whom he had engaged in these conspiracies; and he sought to pacify his present remorse by making such atonements as, in any other period of his life, he would have deemed more blamable than those attempts themselves which were the objects of his penitence.[*] Sir Henry Nevil, in particular, a man of merit, he accused of a correspondence with the conspirators though it appears that this gentleman had never assented to the proposals made him, and was no further criminal than in not revealing the earl’s treason; an office to which every man of honor naturally bears the strongest reluctance.[**] Nevil was thrown into prison, and underwent a severe persecution but as the queen found Mountjoy an able and successful commander, she continued him in his government, and sacrificed her resentment to the public service.

Elizabeth affected extremely the praise of clemency; and in every great example which she had made during her reign, she had always appeared full of reluctance and hesitation: but the present situation of Essex called forth all her tender affections, and kept her in the most real agitation and irresolution. She felt a perpetual combat between resentment and inclination, pride and compassion, the care of her own safety and concern for her favorite; and her situation, during this interval, was perhaps more an object of pity than that to which Essex himself was reduced. She signed the warrant for his execution; she countermanded it; she again resolved on his death; she felt a new return of tenderness. Essex’s enemies told her, that he himself desired to die, and had assured her, that she could never be in safety while he lived: it is likely that this proof of penitence and of concern for her would produce a contrary effect to what they intended, and would revive all the fond affection which she had so long indulged towards the unhappy prisoner. But what chiefly hardened her heart against him was his supposed obstinacy, in never making, as she hourly expected, any application to her for mercy; and she finally gave her consent to his execution. He discovered at his death symptoms rather of penitence and piety than of fear; and willingly acknowledged the justice of the sentence by which he suffered. The execution was private in the Tower, agreeably to his own request. He was apprehensive, he said, lest the favor and compassion of the people would too much raise his heart in those moments, when humiliation under the afflicting hand of Heaven was the only proper sentiment which he could indulge.[***] And the queen no doubt, thought that prudence required the removing of so melancholy a spectacle from the public eye.