“And By Their Verdict” – The Living Record – Chapter 41

Excerpts from The Monument for Sonnets 43-44-45-46

Waiting for the execution of Essex and attempting to save Southampton’s life, the Earl of Oxford returns to the theme of the first of the prison verses, Sonnet 27, when his royal son appeared to him as “a jewel hung in ghastly night.”  In the daytime, he sees Southampton as “un-respected” (a convicted traitor in disgrace); at night, during sleep, he sees him in dreams as the true royal prince.  The “Summer’s Day” of Southampton’s royal blood has turned to darkness, shadow, and night; reality itself has been turned inside out.

Edward de Vere, 17th Earl of Oxford

Edward de Vere, 17th Earl of Oxford

Sonnet 43 – “In Dead Night” – 24 Feb 1601

When I most wink, then do mine eyes best see;
For all the day they view things un-respected,
But when I sleep, in dreams they look on thee,
And darkly bright, are bright in dark directed.
Then thou whose shadow shadows doth make bright,
How would thy shadow’s form form happy show
To the clear day with thy much clearer light,
When to unseeing eyes thy shade shines so?
How would (I say) mine eyes be blessed made
By looking on thee in the living day,
When in dead night thy fair imperfect shade
Through heavy sleep on sightless eyes doth stay?
All days are nights to see till I see thee,
And nights bright days when dreams do show thee me.

The Tower of London

The Tower of London

The Execution of Essex – 25 Feb 1601

“The death of Essex left Sir Robert Cecil without a rival in the Court or cabinet, and he soon established himself as the all-powerful ruler of the realm.”  – Agnes Strickland, Elizabeth, 1906, p. 675

“The fall of Essex may be said to date the end of the reign of Elizabeth in regard to her activities and glories.  After that she was Queen only in name.  She listened to her councilors, signed her papers, and tried to retrench in expenditure; but her policy was dependent on the decisions of Sir Robert Cecil.”- Charlotte Stopes, The Life of Henry, Third Earl of Southampton, 1922, p. 243

Sonnet 44 – “Heavy Tears” – 25 Feb 1601

Essex is executed by beheading at the Tower of London.  Robert Cecil has gained all power to engineer the succession upon Elizabeth’s death; and Oxford will be forced to go through Cecil, his brother-in-law, to save Southampton’s life.  In the eighth line he makes an unmistakable reference to the Tower as “the place” – a common euphemism for the monarch’s fortress-like prison.  Alluding indirectly to the death of Essex’s mortal body (“the dull substance of my flesh”), Oxford refers to the first two of the four “elements” (earth, water, air, and fire) of life.  He writes of having to attend “time’s leisure” (the Queen’s pleasure or royal will) that will likely lead to Southampton’s death, and he records his funereal “moan” over this impending loss.  Oxford and Southampton share “heavy tears” and “woe” over the tragedy of this wrongful execution.

If the dull substance of my flesh were thought,
Injurious distance should not stop my way;
For then, despite of space, I would be brought
From limits far remote, where thou dost stay;
No matter then although my foot did stand
Upon the farthest earth removed from thee,
For nimble thought can jump both sea and land
As soon as think the place where he would be.
But ah, thought kills me, that I am not thought,
To leap large lengths of miles when thou art gone,
But that so much of earth and water wrought,
I must attend time’s leisure with my moan;
Receiving naughts by elements so slow
But heavy tears, badges of either’s woe.

“You both shall be led from hence to the place from whence you came” – the Lord High Steward, speaking to Southampton and Essex at the end of the trial on 19 Feb 1601

Robert Cecil

Robert Cecil

Sonnet 45 – “Thy Fair Health … Swift Messengers” – 26 Feb 1601

The Privy Council takes note of Southampton’s “long sickness, which he hath had before his trouble.”  His health is poor and he’s being treated both for a quartain ague and a swelling in his legs and other parts of his body. Messengers on horseback bring word to Oxford from the Tower that Southampton’s health has been stabilized.  Oxford rejoices, but then, sadly, sends them back to the Tower with more correspondence (perhaps some of these sonnets) for his imprisoned son.  (His “fair” health = his “royal” health.)

The other two, slight air, and purging fire,
Are both with thee, wherever I abide:
The first my thought, the other my desire,
These, present absent, with swift motion slide;
For when these quicker Elements are gone
In tender Embassy of love to thee,
My life being made of four, with two alone
Sinks down to death, oppressed with melancholy,
Until life’s composition be re-cured
By those swift messengers returned from thee
Who even but now come back again assured
Of thy fair health, recounting it to me.
This told, I joy; but then no longer glad,
I send them back again and straight grow sad.

Sonnet 46 – “By Their Verdict” – 27 Feb 1601

Oxford continues his daily sonnets by again pledging his devotion to Southampton, addressing him as his royal son.  In this verse, he recreates the entire experience on the “quest” (jury) at the trial, leading to the “verdict” of guilt by which Southampton continues to face execution.

Mine eye and heart are at a mortal war
How to divide the conquest of thy sight;
Mine eye, my heart thy picture’s sight would bar
My heart, mine eye the freedom of that right;
My heart doth plead that thou in him dost lie
(A closet never pierced with crystal eyes),
But the defendant doth that plea deny,
And says in him thy fair appearance lies.
To ‘cide this title is impanelled
A quest of thoughts, all tenants to the heart,
And by their verdict is determined
The clear eyes’ moiety, and thy dear heart’s part:
As thus, mine eyes’ due is thy outward part,
And my heart’s right, their inward love of heart.

Execution on Tower Hill

Execution on Tower Hill

So ends the second chapter:

CHAPTER ONE: THE CRIME: Sonnets 27-36    8 Feb – 17 Feb 1601

CHAPTER TWo: THE TRIAL: Sonnets 37-46   18 Feb – 27 Feb 1601

The sequence of 100 sonnets at the center of the monument is structured as a book of 10 chapters, each containing ten sonnets. Chapter Two – The Trial concludes, appropriately, with a trial whose jury members render “their verdict” as Oxford and the other peers on the tribunal had been forced to issue a guilty verdict against Essex and Southampton.

Pleading for Mercy – “The Living Record” – Chapter 40 – Southampton Writes to the Privy Council to Save His Life

Twenty-seven-year-old Henry Wriothesley, 3rd Earl of Southampton wrote several letters to the Privy Council from the Tower of London soon after his trial of Feb. 19, 1601, when he was condemned to death as a traitor.

Southampton in the Tower, reduced from Lord to Commoner as "Mr. Henry Wriothesley" or in legal terms "the late earl"...

Southampton in the Tower, reduced from Lord to Commoner as "Mr. Henry Wriothesley" or in legal terms "the late earl"...

According to the Monument theory, Sonnets 27-66 cover this crucial time when fifty-year-old Edward de Vere, 17th Earl of Oxford, after being forced to act as his son’s “adverse party” on the tribunal of peers sitting in judgment, was now acting behind the scenes as Southampton’s “advocate” or legal counsel trying to save his life.

“Thy adverse party is thy Advocate,” Oxford tells him in Sonnet 35, and Southampton is following his advice by saying he had not intended any treason and by begging for Her Majesty’s mercy.

There’s a remarkable correspondence between the legal terminology in Southampton’s letters to the Council and the words that Oxford uses in his private sonnets to Southampton:

“I beseech your Lordships be pleased to receive the petition of a poor condemned man,” Southampton writes, “who doth, with a lowly and penitent heart, confess his faults and acknowledge his offences to her Majesty.”

“Let me confess that we two must be twain” – Sonnet 36

“All men make faults” – Sonnet 35

“Th’offender’s sorrow lends but weak relief
To him that bears the strong offence’s cross.” – Sonnet 34

Hank performing "Shake-Speare's Treason"

Hank performing "Shake-Speare's Treason"

“What my fault hath been your Lordships know to the uttermost, wherein, howsoever I have offended in the letter of the law, your Lordships I think cannot but find, by the proceedings at my trial, that my heart was free from any premeditate treason against my sovereign, though my reason was corrupted by affection to my friend [Essex] (whom I thought honest) and I by that carried headlong to my ruin, without power to prevent it, who otherwise could never have been induced for any cause of mine own to have hazarded her Majesty’s displeasure but in a trifle: yet I can not despair of her favor, neither will it enter into my thought that she who hath been ever so renowned for her virtues, and especially for clemency, will not extend it to me, that do with so humble and grieved a spirit prostrate myself at her royal feet and crave her pardon.”

“To you it doth belong
Yourself to pardon of self-doing crime” – Sonnet 58
(Southampton has it in his power to agree to the bargain Oxford has made with Robert Cecil, requiring him to renounce any claim to the throne so he can gain a royal pardon)

“O let her never suffer to be spilled the blood of him that desires to live but to do her service, nor lose the glory she shall gain in the world by pardoning one whose heart is without spot, though his cursed destiny hath made his acts to be condemned, and whose life, if it please her to grant it, shall be eternally ready to be sacrificed to accomplish her least commandment.”

“When hours have drained his blood” – Sonnet 63

“My lords, there are divers amongst you to whom I owe particular obligation for your favors past, and to all I have ever performed that respect which was fit, which makes me bold in this manner to importune you, and let not my faults now make me seem more unworthy than I have been, but rather let the misery of my distressed estate move you to be a mean to her Majesty, to turn away her heavy indignation from me.  O let not her anger continue towards an humble and sorrowful man, for that alone hath more power to dead my spirits than any iron hath to kill my flesh.”

Kill me with spites” – Sonnet 40

“Ah, but thought kills me” – Sonnet 44

“My soul is heavy and troubled for my offences, and I shall soon grow to detest myself if her Majesty refuse to have compassion of me.

“But heavy tears, badges of either’s woe” – Sonnet 44

“The law hath hitherto had his proceedings, whereby her justice and my shame is sufficiently published; now is the time that mercy is to be showed.  O pray her then, I beseech your lordships, in my behalf to stay her hand, and stop the rigorous course of the law, and remember, as I know she will never forget, that it is more honor to a prince to pardon one penitent offender than with severity to punish many.

“Nor can thy shame give physic to my grief” – Sonnet 34

“Loving offenders, thus I will excuse thee” – Sonnet 42

“To conclude, I do humbly entreat your Lordships to sound mercy in her ears, that thereby her heart, which I know is apt to receive any impression of good, may be moved to pity me, that I may live to lose my life (as I have been ever willing and forward to venture it) in her service, as your lordships herein shall effect a work of charity, which is pleasing to God; preserve an honest man (howsoever now his faults have made him seem otherwise) to his country; win honor to yourselves, by favoring the distressed; and save the blood of one who will live and die her Majesty’s faithful and loyal subject.”

“But weep to have that which it fears to lose” – Sonnet 64

“Thus, recommending my self and my suit to your Lordships’ honorable considerations; beseeching God to move you to deal effectually for me, and to inspire her Majesty’s royal heart with the spirit of mercy and compassion towards me, I end, remaining,

“Your Lordships’ most humbly, of late Southampton, but now of all men most unhappy,

H. Wriothesley

(Charlotte Stopes, The Life of Henry, Third Earl of Southampton, 1922, pp 225-226; Salisbury Papers, vol. XI, p. 72; “after Feb. 19, 1601”)

“Lay On Me This Cross” – The Living Record – Chapter 39

Traditionally Sonnets 40, 41 & 42 have been viewed as the poet’s reaction to the youth’s betrayal of him by stealing his mistress.  The point  here, however, is that this perception represents only the surface, just one side of the “double image” created by Edward de Vere Earl of Oxford, who, in his real-life record running in parallel, is actually referring to Queen Elizabeth.  The time is February 1601 and she (because of the now all-powerful Secretary Robert Cecil) has  imprisoned their son, Henry Wriothesley Earl of Southampton, who has been convicted of high treason and sentenced to die.

At the high point of this sequence, near the end of Sonnet 42, he presents a vision of himself as Jesus bearing the Cross on Calvary — or perhaps as Simon of Cyrene being made to carry it for Him.

Both find each other, and I lose both twain,
And both for my sake lay on me this cross…

The traditional view inevitably leads to the question whether “Shakespeare” is really serious about this biblical image of himself and his suffering.  Given the imagined context (his young male lover in bed with his mistress), it seems way over the top.  Moreover the lines are followed by this couplet:

But here’s the joy, my friend and I are one;
Sweet flattery!  Then she loves but me alone.

Sounds like a joke, eh?  Katherine Duncan-Jones deserves credit for commenting candidly:

“The claim that the woman, in loving the youth, actually loves only the poet, is both logically and emotionally weak. First, the argument that love for one person is really love for another is inherently implausible; and secondly, the poet has made it quite clear in preceding lines of the sonnet that what he cares about is the young man’s defection, not the woman’s.”

Two of those preceding lines to Southampton, are:

That she hath thee is of my wailing chief,
As loss in love that touches me more nearly.

Within the real-life context that this is Southampton’s father writing of his son’s imprisonment and death sentence, the same words of suffering no longer appear “logically and emotionally weak,” but finally do make logical and emotional sense.

The actuality, I argue, is that this is Oxford’s record for posterity of how he chose to save Southampton’s life by (1) persuading him to give up any claim of succession and (2) sacrificing his own identity as the father of Southampton and as author of the immortal works printed under the “Shakespeare” pen name.

In Sonnet 44 he will refer to “heavy tears, badges of either’s woe” (yours and mine), more directly reflecting the context of Southampton’s imprisonment and the verdict of guilt.

In Sonnet 46 he will wrap up this “chapter” (37-46) with a stream of words reflecting the recent treason trial [at which Oxford served as highest-ranking earl on the tribunal and was forced to join the unanimous verdict of guilt for both Essex and Southampton:  (“plead … defendant … plea deny … impanelled … quest [jury] … verdict”).

Traditionally these words create a sustained metaphor.  Well, yes, but here again that’s just one half of the double image. The other half is a sustained personal and political reality.

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