for, as implying that he would not confirm that evidence face to face, and hoping perhaps that they would not venture to produce him. But when he saw that no objection was made and Sir Ferdinando was at once sent for, he began to prepare for the encounter by a partial admission of the fact. It was true that something of the kind had been talked of: but it had never been resolved upon; and if it had, what was it? only a plan for procuring a personal interview with the Queen, "that he might utter his plaints; which he knew were so just that her Majesty upon those allegations which he should urge against his adversaries (the Lord Cobham, Mr. Secretary, and Sir Walter Ralegh) would graciously hear him" and consent to remove them from about her. For it was not his private injuries only that he had to allege against them, but likewise "many foreign practices and broils in neighbour states" of which they were the root. And how desirable it was that such men should be removed from the Queen's ear, he referred to their Lordships' own consideration. "If I spake a wonder," he proceeded, "when I mentioned these mine enemies should be removed, I should need to strengthen my assertions with good reasons. But if many of your Lordships here present have heretofore conceived enough of it, I need not further at this present time give reasons for it. But (he added) when I and my company had procured access to her Majesty, we meant to have submitted ourselves to the Queen with paper, and not to have justified our act with sword."

Had Essex been a man to be suspected of subtle tactics, one might have given him credit here for a daring and skilful stratagem. One might have thought that, seeing the completeness of the evidence with which he was threatened, and feeling that his best chance was to throw it into confusion by drawing the Court into hot and personal discussions away from the point at issue, he had promptly resolved to throw down this audacious challenge, although he was throwing away along with it the only fair plea for which his own admission now left room. If the attack upon the Court had been merely talked of and never taken shape as a formed intention, he might have asked pardon for the thought on the ground that he had himself disowned and condemned it. Whereas in thus justifying it before the Court and confidently claiming their sympathy and sanction, whatever criminality there was in the meditation of an enterprise, which if put in act no man could doubt to be treason, that criminality he accepted for himself. The truth probably is that he spoke on the impulse of the moment, out of the abundance of his dislike, without thinking either of nearer or remoter consequences. But whatever may have been the intention, the effect followed. For before Sir Ferdinando arrived,

though he was no further off than the Gatehouse, the Attorney-General and the prisoner were already disputing about matters which had no reference to the case-about the alleged subornation of a witness to accuse the Earl of a conspiracy with the King of Scots concerning the succession, and about a forgery of his handwriting by a scrivener which had been used to extort money;-and Lord Cobham had been provoked to rise in his place and demand an explanation of the charges just thrown out against himself.

The arrival of Sir Ferdinando put a stop for the moment to these unseasonable digressions, and brought them back to the business of the day. But it did not otherwise alter the case. Face to face he simply reaffirmed what he had stated in his examination, declaring that it was all he knew. Nor was anything new elicited by the crossexamination, except a virtual admission by the Earl of Southampton that such conferences had been held; and a declaration by Sir Ferdinando that at the conference which he had attended the subject was spoken of as a thing which had been for three months in consultation.

6.

Sir Ferdinando being withdrawn, it might have been expected that the curiosity of the Court would concur with the policy of the prosecution in calling for the evidence (already announced as forthcoming) of the other confederates who had witnessed what passed at the Drury House consultations: those consultations being in the highest degree material, being of a nature not to be established by the testimony of a single witness, and having for all but a few of the Councillors the interest of perfect novelty. But it seems that the cheerful confidence with which the Earl had taken his stand upon the plea of personal danger (which was a story equally new) had made its impression on the Court. And that allegation having been neither justified nor refuted, they wished before proceeding further to hear what reason he had for apprehending any such danger: "for," said the Lord High Steward, "you speak things without probability."

This led to another digression, which brought Sir Walter Ralegh on the stage. For when the vague assertions with which the Earl tried to satisfy them-that he knew of these preparations "many ways," that he had received "intelligence upon intelligence," and the like, could not be accepted for proof, and some particular evidence was insisted upon, he at last fell upon this :-that Sir Walter Ralegh having desired to speak with Sir Ferdinando Gorge, they had met by appointment on the river that Sunday morning: and that Sir Walter

had "wished him to come from them, or else he were a lost man and as a person entering a sinking ship: of which words" (added the Earl), "when we heard them, what other construction could we make, but that there was some imminent mischief intended towards us?" So weak a shift might very well have been left to itself, and accepted only as an admission that the alarm was a fiction and an after-thought. But Ralegh desired to explain; and being sworn (and sworn, for the Earl's better satisfaction, on the largest copy of the Testament') proceeded "with a settled countenance" to relate what had passed. Being a friend of Sir Ferdinando's, he had advised him to return to the country, where he had a charge-[he was Governor of Plymouth] -and whither the Queen would have him go. Sir Ferdinando thanked him, but answered, these were no times of going; for the Earl of Essex stood upon his guard: whereat Ralegh wondered, not having heard of it before, and answered, "If you return, then you are a lost man." Upon this Essex only observed that "it was told them otherwise."

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7.

This then being all that the Earl had to allege in justification of the apprehension under which he professed to have been acting, that question might now be considered as disposed of; and it was time to proceed with the evidence as to his real design. But the AttorneyGeneral himself seems by this time to have lost the thread of his own argument; and instead of producing the other examinations, wandered away into questions concerning the speeches the Earl had used in the City, the slight regard he had paid to the herald, the religious belief of his associates, and other extraneous or collateral matter of that kind all which opened to Essex a large field for vague protestations of his own loyalty and sincerity, and vague complaints of the courses taken by the Government-courses which (he assured the Court) "had made an honourable, grave, and wise Councillor oftentimes wish himself dead:" wherein an incidental allusion to an assault which had been made upon the Earl of Southampton called forth Lord Grey to defend himself, and led to a lively passage of sharp words between those two. Which interruption being over, Coke took up the word again: and still forgetting that he had left the main point only half proved, called on the Earl to justify his announcement to the people in the City that the state was sold to the

"And here Sir W. Ralegh desired on his knees to satisfy for that point; and having leave was ready to swear, when vehemently the Lord of Essex cried out, 'Look what book it is he swears on!' And the book being in decimo-sexto, or the least volume, was looked in and changed to a book in folio of the largest size."

Spaniards by Mr. Secretary: a demand which led the way to the longest, the liveliest, the most exciting, and also I must add the most irrelevant digression that had yet been thrown in the way of the rational investigation of the question on which the Court was assembled to decide. Essex declared that he had had advertisement of this practice "many ways;" but the one fact which he offered by way of evidence was this:-himself and Southampton "had both been informed how Secretary Cecil had maintained to one of his fellow-Councillors the title of the Infanta to be the best after her Majesty's death -and in a manner before." For any bearing which this had upon the case under trial, it might very well have been answered-What if he did? But Cecil could hardly be expected to rest quietly under an imputation which, however impertinent to the case, might if allowed to pass uncontradicted be very injurious to himself. "Coming forth from the behind the hanging where he had stood, he fell on his knees and humbly besought the Lord High Steward that he might be suffered to break course and clear himself of this slander.” Whereupon followed a long and lively interlude, extremely interesting no doubt to the audience, and narrated very well and fully by our reporter, but of which I must content myself with stating the conclusion: which was, that the name of their informant being demanded, and Sir William Knollys being at last after much hesitation and many protests named as the authority, and thereupon at Cecil's earnest request sent for and questioned, it turned out that Cecil had indeed once mentioned to him, and offered to show him, a book wherein that title was preferred before any other. And this was all the foundation for that story, on the strength of which the citizens of London had been exhorted to take up arms against the Government in defence of the kingdom.

8.

By this time the argument had drifted so far away from the point that it must have been difficult for a listener to remember what it was that the prisoners were charged with, or how much of the charge had been proved. And Coke, who was all this time the sole speaker on behalf of the Crown, was still following each fresh topic that rose before him, without the sign of an intention or the intimation of a wish to return to the main question and reform the broken ranks of his evidence. Luckily he seems to have been now at a loss what point to take next, and the pause gave Bacon an opportunity of rising. It can hardly have been in pursuance of previous arrangements; for though it was customary in those days to distribute the evidence into

parts and to assign several parts to several Counsel, there had been no appearance as yet of any part being concluded. It is probable that the course of the trial had upset previous arrangements and confused the parts. At any rate so it was, however it came to pass, that when Cecil and Essex had at last finished their expostulation and parted with charitable prayers each that the other might be forgiven, "Then (says our reporter) Mr. Bacon entered into a speech much after this fashion."

In speaking of this late and horrible rebellion which hath been in the eyes and ears of all men, I shall save myself much labour in opening and enforcing the points thereof, insomuch as I speak not before a country jury of ignorant men, but before a most honourable assembly of the greatest Peers of the land, whose wisdoms conceive far more than my tongue can utter; yet with your gracious and honourable favours I will presume, if not for information of your Honours, yet for the discharge of my duty, to say thus much. No man can be ignorant that knows matters of former ages, and all history makes it plain, that there was never any traitor heard of that durst directly attempt the seat of his liege prince, but he always coloured his practices with some plausible pretence. For God hath imprinted such a majesty in the face of a prince that no private man dare approach the person of his sovereign with a traitorous intent. And therefore they run another side course, oblique et à latere: some to reform corruptions of the state and religion; some to reduce the ancient liberties and customs pretended to be lost and worn out; some to remove those persons that being in high places make themselves subject to envy; but all of them aim at the overthrow of the state and destruction of the present rulers. And this likewise is the use of those that work mischief of another quality; as Cain, that first murderer, took up an excuse for his fact, shaming to outface it with impudency. Thus the Earl made his colour the severing some great men and councillors from her Majesty's favour, and the fear he stood in of his pretended enemies lest they should murder him in his house. Therefore he saith he was compelled to fly into the City for succour and assistance; not much unlike Pisistratus, of whom it was so anciently written how he gashed and wounded himself and in that sort ran crying into Athens that his life was sought and like to have been taken away; thinking to have moved the people to have pitied him and

VOL. II.

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