About six in the evening the earl made known his willingness to surrender, on receiving assurance, for himself and his friends, of civil treatment and a legal trial; and permission for a clergyman named Aston to attend him in prison:—the lord admiral answered that of the two first articles there could be no doubt, and for the last he would intercede. The house was then yielded with all that were in it. During that night the principal offenders were lodged in Lambeth-palace, the next day they were conveyed to the Tower; while the common prisons received the accomplices of meaner rank.
On February 19th Essex and Southampton were brought to their trial before the house of peers; lord Buckhurst sitting as lord high steward. Essex inquired whether peers might not be challenged like common jurymen, but was answered in the negative. He pleaded Not guilty; professed his unspotted loyalty to his queen and country, and earnestly labored to give to his attempt to raise the city the color of a necessary act of self-defence against the machinations of enemies from whom his life was in danger. Had this interpretation of his conduct been admitted, possibly his offence might not have come within the limits of treason: but it was held, that his refusal to attend the council; the imprisonment of the three great officers sent to him by the queen; and above all the consultations held at Drury-house for bringing soldiers from Ireland, for surprising the Tower, for seizing the palace, and for compelling the queen to remove certain persons from her counsels and to call a parliament, assigned to his overt acts the character of designs against the state itself. For the confessions of his accomplices, by which the secrets of the Drury-house meetings were brought to light, he was evidently unprepared; and the native violence of his temper broke out in invectives against those associates by whom, as he falsely pretended, all these criminal designs had been originally suggested to his mind. This evidence, he said, had been elicited by the hope of pardon and reward;—let those who had given it enjoy their lives with impunity;—to him death was far more welcome than life. Whatever interpretation lawyers might put upon it, the necessity of self-defence against Cobham, Raleigh and Cecil, had impelled him to raise the city; and he was consoled by the testimony of a spotless conscience. Lord Cobham here rose, and protested that he had never acted with malice against the earl, although he had disapproved of his ambition. "On my faith," replied the earl, "I would have given this right hand to have removed from the queen such an informer and calumniator."
He afterwards proceeded to accuse sir Robert Cecil of having affirmed that the title of the Infanta was equally well founded with that of any other claimant. But the secretary here stepped forward to entreat that, the prisoner might be obliged to bring proof of his assertions; and it thus became manifest, and in the end was confessed with contrition by the earl himself, that he had advanced this charge on false grounds.
It was with better reason that he reproached Francis Bacon, who then stood against him as queen's counsel, with the glaring inconsistency between his past professions and his present conduct. This cowardly desertion of his generous and affectionate friend and patron,—or rather this open revolt from him, this shameless attack upon him in the hour of his extreme distress and total ruin,—forms indeed the foulest of the many blots which stain the memory of this illustrious person: it may even be pronounced, on a deliberate survey of all its circumstances, the basest and most profligate act of that reign, which yet affords examples, in the conduct of its public men, of almost every species of profligacy and baseness. That it continued to be matter of general reproach against him, clearly appears from the long and labored apology which Bacon thought it necessary, several years afterwards, to address to lord Montjoy, then earl of Devon;—an apology which extenuates in no degree the turpitude of the fact; but which may be consulted for a number of highly curious, if authentic, particulars.
The earl of Southampton likewise pleaded Not guilty, and professed his inviolate fidelity towards her majesty: he excused whatever criminality he might have fallen into by the warmth of his attachment for Essex, and behaved throughout with a mildness and an ingenuous modesty which moved all hearts in his favor. After a trial of eleven hours, sentence of Guilty was unanimously pronounced on both the prisoners. Southampton in an affecting manner implored all present to intercede for him with her majesty, and Essex, with great earnestness, joined in this petition of his unfortunate friend: as to himself, he said, he was not anxious for life; wishing for nothing more than to lay it down with entire fidelity towards God and his prince.—Yet he would have no one insinuate to the queen that he despised her mercy, though he believed he should not too submissively implore it; and he hoped all men would in their consciences acquit him, though the law had pronounced him guilty. Such was the lofty tone of self-justification assumed by Essex on this memorable occasion, when his pride was roused and his temper exasperated, by the open war of recrimination and reproaches into which he had so unadvisedly plunged with his personal enemies; and by the cruel and insolent invectives of the crown lawyers. But he was soon to undergo on this point a most remarkable and total change.
The mind of the earl of Essex was deeply imbued with sentiments of religion: from early youth he had conversed much with divines of the stricter class, whom he held in habitual reverence; and conscious in the conduct of his past life of many deviations from the Gospel rule of right, he now, in the immediate prospect of its violent termination, surrendered himself into the hands of these spiritual guides with extraordinary humility and implicit submission. To the criminality of his late attempt, his conscience was not however awakened; he seems to have believed, that in contriving the fall of his enemies, he was at the same time deserving the thanks of his country, oppressed by their maladministration; and he repelled all the efforts of Dr. Dove, by whom he was first visited, to inspire him with a different sense of this part of his conduct. Cut his favorite divine, Mr. Aston,—who is described by a contemporary as "a man base, fearful and mercenary," in whom the earl was much deceived,—practised with more success upon his mind. By an artful pretext of believing him to have aimed at the crown, he first drew him into a warm defence of his conduct on this point; then by degrees into a confession of all that he had really plotted, and the concurrence which he had found from others. This was the end aimed at by Aston, or by the government which employed him: he professed that he could not reconcile it to his conscience to conceal treasons so foul and dangerous; alarmed the earl with all the terrors of religion; and finally persuaded him, that a full discovery of his accomplices was the only atonement which he could make to heaven and earth. The humbled Essex was brought to entreat that several privy-councillors, of whom Cecil by name was one, should be sent to hear his confessions; and so strangely scrupulous did he show himself to leave nothing untold, that he gave up even the letters of the king of Scots, and betrayed every private friend whom attachment to himself had ever seduced into an acquiescence in his designs, or a nice sense of honor withheld from betraying them.
Sir Henry Nevil, for having only concealed projects in which he had absolutely refused to concur, was thus exposed to the loss of his appointment of ambassador to France; to imprisonment, and to a long persecution;—and lord Montjoy might have suffered even capitally, had not his good and acceptable service in Ireland induced the queen to wink at former offences. Cuff, the secretary of the earl, whom he sent for to exhort him to imitate his sincerity, sternly upbraided his master with his altered mind, and his treachery towards those who had evinced the strongest attachment to his service: but the earl remained unmoved by his reproaches, and calmly prepared for death in the full persuasion that he had now worked out his own salvation.
Elizabeth had behaved on occasion of the late insurrection with all her wonted fortitude; even at the time when Essex was actually in the city and a false report was brought her of its revolt to him, "she was never more amazed," says Cecil in a letter to sir George Carew, "than she would have been to have heard of a fray in Fleet-street." But when, in the further progress of the affair, she beheld her once loved Essex brought to the bar for high-treason and condemned by the unanimous verdict of his peers; when it rested solely with herself to take the forfeit of his life or interfere by an act of special grace for his preservation,—her grief, her agitation and her perplexity became extreme. A sense of the many fine qualities and rare endowments of her kinsman,—his courage, his eloquence, his generosity, and the affectionate zeal with which he had served her:—indulgence for the youthful impetuosity which had carried him out of the path of duty, not unmixed with compunction for that severe and contemptuous treatment by which she had exasperated to rebellion the spirit which mildness might have softened into penitence and submission;—above all, the remaining affection which still lurked at the bottom of her heart, pleaded for mercy with a force scarcely to be withstood. On the other hand, the ingratitude, the neglect, the insolence with which he had occasionally treated her, and the magnitude of his offences, which daily grew upon her by his own confessions and those of his accomplices, fatally united to confirm the natural bias of her mind towards severity.
At this juncture Thomas Leigh, one of the dark and desperate characters whose service Essex had used in his criminal negotiations with Tyrone, by an atrocious plot for entering the palace, seizing the person of the queen and compelling her to sign a warrant for the release of the two earls, renewed her fears and gave fresh force to her anger. Irresolute for some days, she once countermanded by a special messenger the order for the death of Essex; then, as repenting of her weakness, she signed a second warrant, in obedience to which he was finally, on February 25th, brought to the scaffold.
The last scene was performed in a manner correspondent in all respects to the contrite and humiliated frame of mind to which the noble culprit had been wrought. It was no longer the brave, the gallant, the haughty earl of Essex, the favorite of the queen, the admiration of the ladies, the darling of the soldiery, the idol of the people;—no longer even the undaunted prisoner, pouring forth invectives against his enemies in answer to the charges against himself; loudly persisting in the innocence of his intentions, instead of imploring mercy for his actions, and defending his honor while he asserted a lofty indifference to life;—it was a meek and penitent offender, profoundly sensible of all his past transgressions, but taught to expect their remission in the world to which he was hastening, through the fervency of his prayers and the plenitude of his confessions; and prepared, as his latest act, to perform in public a solemn religious service, composed for his use by the assistant clergy, whose directions he obeyed with the most scrupulous minuteness. Under a change so entire, even his native eloquence had forsaken him. Sir Robert Cecil, who seems to have been a cool and critical spectator of the fatal scene, remarks to his correspondent that "the conflict between the flesh and the soul did thus far appear, that in his prayers he was fain to be helped; otherwise no man living could pray more christianly than he did."