CHAPTER XIX.

THE TRIAL (November 17).

[Sidenote: _The Indictment._]

On September 21 Ralegh had been indicted at Staines for having, with

Cobham and Brooke, compassed in the Parish of St. Martin in the Fields

to deprive the King of his crown, to alter the true religion, and to

levy war. The indictment alleged that Cobham had discoursed with him on

the means of raising Arabella Stuart to the crown; that Cobham had

treated with Arenberg for 600,000 crowns from the King of Spain, and had

meant to go to Spain in quest of support for Arabella. It alleged that

Ralegh and Cobham had agreed Arabella should by letter promise the

Archduke of Austria, the King of Spain, and the Duke of Savoy, to

maintain a firm truce with Spain, to tolerate Papistry, and be guided by

the three princes in her marriage. It alleged the publication and

delivery by Ralegh to Cobham of a book traitorously devised against the

King's title to the crown. Finally, it alleged that Cobham had agreed,

when he should have received the money from Arenberg, to deliver eight

or ten thousand crowns to Ralegh to enable him the better to effect the

intended treasons. Jurors were summoned in September for the trial of

this indictment. But for some reason the hearing was deferred till

November.

[Sidenote: _Mob Judgments._]

The plague raging in London and the neighbourhood may account for the

delay. Pym relates in his _Diary_ that it killed 2000 a week. The Tower

was reported in September, 1603, to be infected. The King's Bench kept

the next term at Winchester. So to Winchester their respective

custodians conveyed Brooke, Sir Griffin Markham, Sir Edward Parham, who

finally was acquitted, Brooksby, Copley, Watson, Clarke, Cobham, and

Grey. They were escorted by under-wardens of the Tower, the Keeper of

the Westminster Gate-house, and fifty light horse. Ralegh set out on

November 10 in his own coach, under the charge of Sir Robert Mansel and

Sir William Waad. Waad wrote to Cecil that he found his prisoner much

altered. At Wimbledon a group of friends and relatives had assembled to

greet him as he passed. Generally he encountered none but looks of

hatred. Precautions had to be taken to steal the planter of Virginia,

the hero of Cadiz, the wit and poet, the splendid gentleman, the lavish

patron, from the curs of London, without outrage, or murder. It was 'hob

or nob,' writes Waad to Cecil, whether or not Ralegh 'should have been

brought alive through such multitudes of unruly people as did exclaim

against him.' He adds, that it would hardly have been believed the

plague was hot in London in presence of such a mob. Watches had to be

set through all the streets, both in London and the suburbs. 'If one

hare-brain fellow amongst so great a multitude had begun to set upon

him, as they were near to do it, no entreaty or means could have

prevailed; the fury and tumult of the people was so great.'

Tobacco-pipes, stones, and mud were, wrote Cecil's secretary, Mr.

Michael Hickes, to Lord Shrewsbury, thrown by the rabble, both in London

and in other towns on the road. Ralegh is stated to have scorned these

proofs of the aversion of base and rascal people. Mr. Macvey Napier, in

his thoughtful essay, attributes to him 'a total want of sympathy with,

if not a dislike of, the lower orders.' His disgust, perhaps, was rather

evoked by the want of discrimination in all masses. He was habitually

good to his dependents, and was beloved by them. A multitude, whatever

the rank of its constituents, he regarded as 'dogs who always bark at

those they know not.' He had never flattered a mob. He did not now cower

before it. To manifestations of popular odium his nature rose, as to

every peremptory call upon his powers. He foresaw that posterity would

understand him, and would right him.

[Sidenote: _Chief Justice Popham._]

[Sidenote: _The Jury._]

Two days were taken to reach Bagshot, and three more to traverse the

remaining thirty miles to Winchester. Ralegh and others of the accused

were lodged in the Royal Castle of Winchester, built by Bishop Henry,

Stephen's brother. A King's Bench Court had been fitted up in Wolvesey

Castle, the old episcopal palace, now a ruin. There the trial opened on

November 17. Sir John Popham was Lord Chief Justice of England. He was

not prepossessing in appearance, 'a huge, heavy, ugly man,' and he had

an uncouth history. As a child he had been stolen by gipsies. In early

manhood he was a notorious gamester and reveller. He took purses, it is

stoutly affirmed, on Shooter's Hill, when he was a barrister, and thirty

years of age. Then he reformed his morals, read law, and entered the

House of Commons. In 1581 he was elected Speaker, and in 1592 was

appointed Chief Justice. Essex had imprisoned him in Essex House on the

day of the rising, but protected his life from his crazy followers. He

had the generosity to requite the favour by venturing to advise the

Queen to grant a pardon. He amassed a vast estate, part of it being

Littlecote, which he was fabled to have wrested, together with an

hereditary curse, from a murderer, Sir Richard Dayrell. With Popham,

Chief Justice Anderson, and Justices Gawdy and Warburton, there sat as

Commissioners of Oyer and Terminer, Lord Thomas Howard, since July Earl

of Suffolk and Lord Chamberlain, Charles Blount, Lord Mountjoy and Earl

of Devonshire, Lord Henry Howard, Robert Cecil, now Lord Cecil, Lord

Wotton, Vice-Chamberlain Sir John Stanhope, and Sir William Waad. That

the King, with his personal knowledge of Henry Howard's fierce hatred of

Ralegh, as evinced in the whole private correspondence with Holyrood,

should have appointed him a judge was an outrage upon decency.

Attorney-General Coke, Serjeant Hele, who had been Ralegh's counsel

against Meere, and Serjeant Phillips, prosecuted. The law allowed no

counsel to prisoners. Sir Michael Stanhope, Sir Edward Darcy, Ralegh's

neighbour in Durham House, and Sir William Killigrew, had been, it was

rumoured, on the jury panel, but were 'changed overnight, being found

not for their turn.' The report of a sudden modification in the list is

not necessarily untrue, though the jury, it is said, was a Middlesex

jury, and had been ordered long before to attend at Winchester. Other

Middlesex men, of whom many were at Winchester, may have been

substituted. At any rate, Ralegh did not except to any names. 'I know,'

said he, 'none of them. They are all Christians and honest gentlemen.'

Sir Thomas, or John, Fowler was chosen foreman.

Ralegh asked leave to answer the points particularly as they were

delivered, on account of his failing memory and sickness. Coke objected

to having the King's evidence dismembered, 'whereby it might lose much

of its grace and vigour.' Popham was more considerate. He promised to

let Ralegh, after the King's counsel should have produced all the

evidence, answer particularly what he would. Hele opened. I cull a few

flowers of his eloquence and logic: 'You have heard of Ralegh's bloody

attempt to kill the King, in whom consists all our happiness, and the

true use of the Gospel, and his royal children, poor babes that never

gave offence. Since the Conquest there was never the like treason. But

out of whose head came it? Out of Ralegh's. Cobham said to Brooke: "It

will never be well in England till the King and his cubs are taken

away." It appears that Cobham took Ralegh to be either a god or an idol.

Bred in England, Cobham hath no experience abroad. But Ralegh is a man

of great wit, military, and a swordsman. Now, whether these things were

bred in a hollow tree, I leave to them to speak of who can speak far

better than myself.'

[Sidenote: _The Main, and the Bye._]

He meant Sir Edward Coke, who then addressed the Court. He started

gently: 'We carry a just mind, to condemn no man but upon plain

evidence.' Thence he proceeded: 'Here is mischief, mischief _in summo

gradu_, exorbitant mischief!' He first explained 'the treason of the

Bye.' That was the alleged plot of Grey, Brooke, and Markham to surprise

the King, and carry him to the Tower. Ralegh reminded the jury that he

was not charged with the Bye. 'No,' retorted Coke, but 'all these

treasons, though they consisted of several points, closed in together;

like Samson's foxes, which were joined in the tails, though the heads

were severed.' He anticipated the objection that the Crown had but one

witness, Cobham. It had, he argued, more than two witnesses: 'When a man

by his accusation of another shall by the same accusation also condemn

himself, and make himself liable to the same punishment, this is by law

more forcible than many witnesses, and is as the inquest of twelve men.

For the law presumes that a man will not accuse himself in order to

accuse another.' That is, Coke chose to confuse an argument for the

sufficiency of a man's evidence of his own guilt with its cogency as

evidence of another's. After this, he declaimed upon the horror of the

treason in the present case. 'To take away the fox and his cubs! To

whom, Sir Walter, did you bear malice? To the royal children?' Ralegh

protested: 'What is the treason of Markham and the priests to me?' Coke

burst forth: 'I will then come close to you. I will prove you to be the

most notorious traitor that ever came to the bar. You, indeed, are upon

the Main; but you followed them of the Bye in imitation.' Ralegh asked

for proof. 'Nay,' cried Coke, 'I will prove all. Thou art a monster;

thou hast an English face, but a Spanish heart. Your intent was to set

up the Lady Arabella, and to depose our rightful King, the lineal

descendant of Edward IV.' Coke, it will be seen, did not choose to trace

the Stuarts to Henry VII. He treated the Tudors as interlopers. 'You

pretend,' he continued, that the money expected from Arenberg was to

'forward the Peace with Spain. Your jargon was peace, which meant

Spanish invasion and Scottish subversion.' Cobham, argued Coke, never

was a politician, nor a swordsman. Ralegh was both. Ralegh and Cobham

both were discontented, and Cobham's discontent grew by Ralegh. Such was

Ralegh's machiavellian policy that he would never confer with but one

at once. He would talk with none but Cobham; 'because, saith he, one

witness can never condemn me.'

[Sidenote: _Master Attorney's zeal._]

Next, Coke turned to the communications between Ralegh and Cobham in the

Tower. He exclaimed to the jury: 'And now you shall see the most

horrible practices that ever came out of the bottomless pit of the

lowest hell.' In reply to a protest by Ralegh as to his liability for

some underhand practices of Cobham, as Warden of the Cinque Ports, Coke

foamed out: 'All he did was by thy instigation, thou viper; for I thou

thee, thou traitor! I will prove thee the rankest traitor in all

England.' 'No, Master Attorney,' was the answer: 'I am no traitor.

Whether I live or die, I shall stand as true a subject as ever the King

hath. You may call me a traitor at your pleasure; yet it becomes not a

man of quality or virtue to do so. But I take comfort in it; it is all

that you can do; for I do not yet hear that you charge me with any

treason.' The Lord Chief Justice interposed: 'Sir Walter Ralegh, Master

Attorney speaks out of the zeal of his duty for the service of the King,

and you for your life; be patient on both sides.' It is hard to see how

Ralegh had shown impatience. Some impatience he manifested on the

reading of Cobham's declaration of July 20. 'Cobham,' said he, 'is not

such a babe as you make him. He hath dispositions of such violence which

his best friends could never temper.' He was not of a nature to be

easily persuaded by Ralegh. Assuredly Ralegh was not likely to 'conspire

with a man that hath neither love nor following,' against a vigorous and

youthful King, in reliance on a State so impoverished and weak as Spain,

and so detested by himself. He ridiculed the notion that King Philip

either could or would freely disburse 600,000 crowns on the mere word of

Cobham. Elizabeth's own Londoners did not lend to her without lands in

pawn. Yet more absurd was the supposition that Ralegh was in the plot.

Thrice had he served against Spain at sea. Against Spain he had

expended, of his own property, 40,000 marks. 'Spanish as you term me, I

had at this time writ a treatise to the King's Majesty of the present

state of Spain, and reasons against the peace.'

[Sidenote: _Call for Cobham._]

When the first or second examination of Cobham was cited, Popham offered

himself practically as a witness. He had heard Cobham say of Ralegh, as

he signed his deposition: 'That wretch! That traitor Ralegh!' 'And

surely,' added the Chief Justice, 'his countenance and action much

satisfied me that what he had confessed was true, and that he surely

thought Sir Walter had betrayed him.' Upon this Ralegh demanded to have

his accuser, who was under the same roof, brought in, and examined face

to face. Long before, and equally in vain, had his father-in-law, Sir

Nicholas Throckmorton, called, as Sir Michael Foster mentions, for the

witnesses against him 'to be brought face to face upon the trial.'

Ralegh cited 1 Edward VI, that no man shall be condemned of treason,

unless he be accused by two lawful accusers. He referred also to 1 and 2

Phil. and Mary, which ordained that an accuser of another of treason

shall, if living and in the realm, be brought forth in person before the

party arraigned, if he require it. The Canon of God itself in

Deuteronomy, he urged, requires two witnesses. 'I beseech you then, my

Lords, let Cobham be sent for. Let him be charged upon his soul, upon

his allegiance to the King; and if he will then maintain his accusation

to my face, I will confess myself guilty.' Popham's answer was: 'This

thing cannot be granted; for then a number of treasons should flourish.

The accuser may be drawn by practice while he is in prison.' Again and

again Ralegh called for Cobham. Popham objected that he might

prevaricate in order to procure the acquittal of his 'old friend.' 'To

absolve me,' cried Ralegh sarcastically, 'me, the infuser of these

treasons! Me, the cause of all his miseries, and the destruction of his

house!' Coke asserted: 'He is a party and cannot come. The law is

against it.' 'It is a toy to tell me of law,' was the reply, 'I defy

law. I stand on the facts.' At one moment his passionate appeal seemed

to have awed the Court into justice. Cecil asked if he would really

abide by Cobham's words. 'Yes, in a main point.' 'If he say you have

been the instigator of him to deal with the Spanish King, had not the

Council cause to draw you hither?' asked Cecil. 'I put myself on it,'

answered Ralegh. 'Then, call to God, Sir Walter,' said Cecil; 'and

prepare yourself; for I verily believe my Lord will prove it.' Cecil

knew of Cobham's recent reiteration of his charge, and supposed he could

be trusted to insist upon it in Court. The Lords Commissioners, on

consultation, doubted this, and finally decided to keep him back, and

rely upon his letter.

[Sidenote: _Two Witnesses._]

[Sidenote: _A Spider of Hell._]

The trial pursued its course. Popham laid it down that 1 Edw. VI. c. 12,

was repealed by 1 and 2 Phil. and Mary. Mr. Justice Gawdy corroborated

this, uttering the solitary judicial dictum recorded of him, that 'the

statute of Edward had been found inconvenient, and had therefore been

repealed.' The provision cited by Ralegh from Philip and Mary's

repealing statute, Popham ruled, applied solely to the specific treasons

it mentioned. The Act ordained that the trial of treasons in general

should follow common law procedure, as before the reign of Edward VI.

But by common law one witness was sufficient. The confession of

confederates was full proof, even though not subscribed, if it were

attested by credible witnesses. Indeed, remarked Popham, echoing Coke,

'of all other proofs the accusation of one, who by his confession first

accuseth himself, is the strongest. It hath the force of a verdict of

twelve men.' Coke himself later, when, as Mr. Justice Michael Foster

expresses it, 'his disgrace at Court had given him leisure for cool

reflection,' intimated in his _Institutes_ that the statute of Edward

the Sixth had not been repealed, and that the obligation, as specified

by it, to produce two witnesses to charges of treason remained in force.

That was not the view of Elizabethan Judges. At the trial of the Duke of

Norfolk it was laid down that the necessity no longer existed. In

fairness it must be admitted that Popham and his brethren were bound to

assume the law had then been correctly stated. They were equally bound

by a series of precedents to allow written depositions to be treated as

valid testimony. Only by the assent of counsel for the Crown was the

oral examination of witnesses permitted. Ralegh did not struggle against

the ruling. He could but plead, 'though, by the rigour and severity of

the law, this may be sufficient evidence without producing the witness,

yet, your Lordships, as ministers of the King, are bound to administer

the law in equity.' 'No,' replied Popham: 'equity must proceed from the

King; you can have only justice from us.' Coke triumphantly exclaimed:

'This dilemma of yours about two witnesses led you into treason.'

Cobham's letter of July 29 to the Council about the money asked of

Arenberg was read. In it occurred the expression: 'We did expect the

general discontentment.' Coke's comment was: 'The peace pretended by Sir

Walter Ralegh is merely jargon; for it is clear the money was for

discontented persons. Now Ralegh was to have part of the money;

therefore, he was a discontented person, and, therefore, a traitor.'

That was the logic thought good enough at a trial for treason. So, to

Ralegh's indignant remonstrance at the use of the evidence of 'hellish

spiders,' like Clarke and Watson, concerning 'the King and his cubs' as

evidence against him, Coke answered: 'Thou hast a Spanish heart, and

thyself art a spider of hell; for thou confessest the King to be a most

sweet and gracious Prince, and yet thou hast conspired against him.'

With equal relevancy he cited from the depositions: 'Brooke thinketh the

project for the murder of the King was infused by Ralegh into his

brother's head.' For Coke this was valid evidence against Ralegh.

[Sidenote: _Serjeant Phillips._]

On rolled the muddy stream of inconsequential testimony, and of

reasoning to match; the 'irregular ramble,' as Sir John Hawles has

termed it. Snagge's book was discussed; how Ralegh borrowed it from

Burleigh's library; and how Cobham had it, whether by gift from Ralegh,

or by borrowing it when Ralegh was asleep. To Ralegh the whole appeared

the triviality it was. 'It is well known,' said he, 'that there came out

nothing in those times but I had it. I believe they will find in my

house almost all the libels writ against the late Queen.' As utterly

irrelevant against him was the introduction of Arabella Stuart to deny

her knowledge of any plots in her pretended interest. Worse than

irrelevant was pilot Dyer's gossip with a gentleman at Lisbon, to whom

Dyer had observed that the King of England was shortly to be crowned.

'Nay,' saith the Portugal, 'that shall never be; for his throat will be

cut by Don Ralegh and Don Cobham before he be crowned.' 'What will you

infer upon that?' asked Ralegh. 'That your treason hath wings,' replied

Coke. Hereupon Serjeant Phillips relieved Coke, and almost outdid him.

Phillips argued that the object of procuring money was to raise up

tumults in Scotland, and to take the lives of his Majesty and his issue.

For those purposes a treasonable book against the King's right to the

Crown was 'divulged.' Commencing with the unproved allegation that 'Sir

Walter Ralegh confesseth my Lord Cobham guilty of all these treasons,'

Phillips proceeded: 'The question is, whether Ralegh be guilty, as

joining with or instigating him. If Lord Cobham's accusation be true, he

is guilty. If not, he is clear. Ralegh hath no answer. Of as much wit as

the wit of man can devise, he useth his bare denial. A denial by the

defendant must not move the jury.' Nothing could be more crushing than

the calm rejoinder: 'You have not proved any one thing by direct proofs,

but all by circumstances. I appeal to God and the King on this point

whether Cobham's accusation be sufficient to condemn me.'

[Sidenote: _Cobham's New Statement._]

So weak was the case for the prosecution that to this stage, by the

admission of a reporter of the trial, the result was very doubtful.

Coke, however, with the cognizance, it may be presumed, of the Court,

had prepared a dramatic surprise. Cobham, the day before, had written or

signed a repetition of his charge. Ralegh's account of the transaction

at the trial was that Lady Kildare, Lady Ralegh's enemy, had persuaded

Cobham to accuse Ralegh, as the sole way of saving his own life. A

letter from her to him goes some length towards confirming the

allegation. She writes: 'Help yourself, if it may be. I say no more; but

draw not the weight of others' burdens.' According to another, and not

very likely, story, told by Sir Anthony Welldon in his _Court of King

James_, Cobham subsequently stated that Waad had induced him by a trick

to sign his name on a blank page, which afterwards was thus filled in.

The paper alleged a request by Ralegh to obtain for him a pension of

L1500 for intelligence. 'But,' it ambiguously proceeded, 'upon this

motion for L1500 per annum for intelligence I never dealt with Count

Arenberg.' 'Now,' added the writer, as if it were a conclusion from

premisses, 'as by this may appear to your Lordships, he hath been the

original cause of my ruin. For, but by his instigation, I had never

dealt with Count Arenberg. And so hath he been the only cause of my

discontentment; I never coming from the Count, or Court, but still he

filled and possessed me with new causes of discontentments.' The reading

of the statement was set in a more than usually decorated framework of

Coke's amenities. Ralegh throughout the trial had been for the King's

Attorney an 'odious fellow;' the 'most vile and execrable traitor.' He

had been stigmatized as 'hateful to all the realm for his pride,' to

which Ralegh had retorted: 'It will go near to prove a measuring cast,

Mr. Attorney, between you and me.' With Cobham's deposition in his hand,

Coke cried: 'I will lay thee on thy back for the confidentest traitor

that ever came to a bar.' When Cecil prayed him not to be so impatient,

Coke flew out: 'If I may not be patiently heard, you will encourage

traitors.' Sulkily down he sat, and would speak no more till the

Commissioners entreated him to go on. Resuming, he criticized Ralegh's

letter to Cobham in the Tower, which was next read: 'O damnable Atheist!

He hath learned some text of Scripture to serve his own purpose. Essex

died the child of God. Thou wast by.

Et lupus et turpes instant morientibus ursae.'

Being asked what he said of Cobham's statement to the Lords, 'I say,'

answered Ralegh, 'that Cobham is a base, dishonourable, poor soul!' 'Is

he base?' retorted Coke. 'I return it into thy throat on his behalf. But

for thee he had been a good subject.'

[Sidenote: _Exaggeration of its Importance._]

The document did not amount to a confession by Cobham even of his own

treason. At highest it was evidence against him of negotiations with

Count Arenberg which might have been 'warrantable,' and of discontent

which need not have been in the least criminal. If such secondary

testimony had been legal when its author was available as a witness, and

if its statements had been incontrovertible, it ought to have been held

worthless against Ralegh. Nothing, so far as appears even from the

paper, was ever done towards the gratification of the desire for a

foreign pension imputed to him. Within limits, Cobham's allegation that

Ralegh had fomented his anger against the new state of things is

plausible enough. It would be strange if the two disgraced favourites

did not at their frequent meetings club and inflame their mutual pique.

Obviously, apart from acts, of which there was no evidence, no

irritation by Ralegh, however envenomed, as it was not shown to have

been, of Cobham's discontent, could in him have been treason. Judged by

all sound laws of evidence, the testimony of the statement was as flimsy

as all the rest of the proofs. To attach importance to it was a

burlesque of justice. It was treated as demonstrative by a packed Bench,

a Bar hungering for place, and a faint-hearted jury, anxious above all

things to vindicate authority, and not caring to discriminate among the

prisoners on the charges against them. To the whole court it came like a

godsend. The author of the fullest report, that which is preserved in

the Harleian MSS., expresses the sentiment of Jacobean lawyers: 'This

confession gave a great satisfaction, and cleared all the former

evidence, which before stood very doubtful.'

[Sidenote: _The Prior Recantation._]

In the reporter's judgment it overwhelmed the defendant himself.

Reasonably Ralegh 'was much amazed.' He could not have anticipated

Cobham's retractation of his retractation. He perceived the new peril in

which he was plunged by the statement that he had solicited, or been

offered by Cobham, a Spanish pension, though, as he told the King in

January, 1604, so little account had he made at the time of the

conversation in which the offer was made, that he never remembered any

such thing till it was at his trial objected against him. He felt public

opinion shaken. His faith in himself was not weakened. 'By and by,' says

the reporter, 'he seemed to gather his spirits again.' Pulling out of

his pocket the recantation, the second, which Cobham had addressed to

him from the Tower, and attested by his hope of salvation and God's

mercy on his soul, he insisted upon having it too read in court.

Hereupon, says the reporter, 'was much ado, Mr. Attorney alleging that

the letter was politicly and cunningly urged from the Lord Cobham,' and

that the latest paper was 'simply the truth.' When Ralegh raised the

natural objection that a statement written by Cobham on the eve of his

own trial might be supposed to have been extorted in some sort by

compulsion, Coke appealed to Popham to interrogate the Commissioners.

Devonshire, as their mouthpiece, declared to the jury that it was 'mere

voluntary,' and had not been written under a promise of pardon. But

Cecil supported Ralegh in the demand that the jury should have before it

the earlier letter also. Coke, in a report printed in 1648 under the

name of Sir Thomas Overbury, is represented as exclaiming: 'My Lord

Cecil, mar not a good cause.' Cecil replied: 'Master Attorney, you are

more peremptory than honest; you must not come here to show me what to

do.' Throughout he had been careful to blend the friend with the judge,

so far as professions of regret went. He had spoken of the former

dearness between himself and this gentleman, tied upon the knot of his

virtues. He had declared that his friendship was not extinguished, but

slaked. He had vowed himself still his friend, 'excepting faults, I call

them no worse.' Now he strained that friendship to the extent of the

simple justice of undertaking the duty, 'because he only knew Cobham's

hand,' of reading out the letter, which, if the construction put by the

prosecution on the other paper were correct, proved the writer a

perjured liar either in the Tower or at Winchester.

Coke need not have feared the consequences. Both judges and jurymen had

comfortably made up their minds. They were not to be moved by so slight

a thing as a contradiction of Cobham in one place by Cobham in another.

So prejudiced were they that the Tower letter does not appear to have

produced any effect at all. Ralegh, at all events, could do no more. He

had striven for many hours, and was utterly exhausted. Without more

words he let the jury be dismissed to consider its verdict.

[Sidenote: _The Verdict and Judgment._]

[Sidenote: _Popham's Exhortation._]

In a quarter of an hour it returned into court with a verdict of guilty

of high treason. Ralegh received the decision with dignity: 'My Lords,'

said he, 'the jury hath found me guilty. They must do as they are

directed. I can say nothing why judgment should not proceed. You see

whereof Cobham hath accused me. You remember his protestation that I was

never guilty. I desire the King should know the wrong I have been done

to since I came hither.' Then Popham pronounced judgment. Addressing

Ralegh, he said: 'In my conscience I am persuaded Cobham hath accused

you truly. You cannot deny that you were dealt with to have a pension of

L1500 a year to be a spy for Spain; therefore, you are not so true to

the King as you have protested yourself to be.' He lamented the fall of

one of 'so great parts,' who 'had showed wit enough this day,' 'who

might have lived well with L3000 a year; for so I have heard your

revenues to be.' Spite and covetousness he held to have been Ralegh's

temptations. Yet the King could not be blamed for wishing to have for

Captain of the Guard 'one of his own knowledge, whom he might trust,' or

for desiring no longer to burden his people with a wine monopoly for

Ralegh's particular good. Popham embellished his confused discourse,

partly apologetic, and partly condemnatory, but not intentionally brutal

or malevolent, by a glance at Ralegh's reputed free-thinking. He had

been taxed, said Popham, by the world with the defence of most

heathenish and blasphemous opinions. 'You will do well,' the virtuous

Chief Justice exhorted him, 'before you go out of the world, to give

satisfaction therein. Let not any devil,' or, according to the Harleian

MSS. version, 'Hariot nor any such doctor, persuade you there is no

eternity in Heaven; if you think thus, you shall find eternity in Hell

fire.' Ralegh had warned Cobham against confessions. Let him not apply

the advice to himself. 'Your conceit of not confessing anything is very

inhuman and wicked. In this world is the time of confessing, that we may

be absolved at the Day of Judgment.' By way of peroration he added: 'It

now comes into my mind why you may not have your accuser face to face.

When traitors see themselves must die, they think it best to see their

fellow live, that he may commit the like treason again, and so in some

sort seek revenge.' Lastly, he pronounced the savage legal sentence.

When Popham had ended Ralegh spoke a few words. He prayed that the jury

might never have to answer for its verdict. He 'only craved pardon for

having concealed Lord Cobham's offer to him, which he did through a

confidence that he had diverted him from those humours.' Praying then

permission to speak to Lords Suffolk, Devonshire, Henry Howard, and

Cecil, he entreated their intercession, which they promised, Cecil with

tears, that his death might be honourable and not ignominious. He is

alleged further to have requested their mediation with the King for a

pardon, or, at least, that, if Cobham too were convicted, and if the

sentence were to be carried out, Cobham might die first. The petition

was not an ebullition of vindictiveness. It had a practical purpose. On

the scaffold he could say nothing for Cobham; Cobham might say much for

him. It was possible that, when nothing more was to be gained by

falsehoods, his recreant friend would clear his fame once for all. Then

he quitted the hall, accompanying Sir Benjamin Tichborne, the High

Sheriff, to the prison, according to Sir Thomas Overbury, 'with

admirable erection, yet in such sort as a condemned man should.'

Sir Walter Ralegh: A Biography · 第 19 / 32 章