Page images
PDF
EPUB

CHAP. XX. have ransacked all sources of information, official and unofficial, English, Spanish, French, and Venetian. No higher criminality has been discovered in him than that he may have been aware of the project of an acquaintance to influence by means of Spanish gold the King's policy. If he were guilty of worse than this, it is a solecism in the history of treasons that in the course of three centuries not a tittle of evidence of it should have been unearthed.

Cobham's
Trial.

Ralegh, to the last, clung to the chance of rehabilitation through Cobham. He should have understood the man too well by this time to repose the most slender trust in his truthfulness, generosity, or courage. Privy Councillors examined him after Ralegh's trial, and he repeated his calumnies. On the following Friday he was tried by his peers in the County hall, the great hall of Winchester Castle, known as Arthur's Hall from a picture of the Round Table at the east end. 'Never,' reported Sir Dudley Carleton, afterwards Lord Dorchester, who was present at both trials, 'was there so poor and abject a spirit.' He listened to his indictment with fear and trembling. He confessed he had hammered in his brains imaginations of the matters charged against him, but never had purposed to bring them to effect. He repeated in an incoherent manner his charges against Ralegh. Ralegh, he asserted, had stirred him up to discontent, and thereby overthrown his fortunes. Ralegh had proposed the despatch of a Spanish army to Milford Haven. Ralegh had made himself a pensioner of Spain. As earnest of services for which he expected a salary of 1500 crowns, Ralegh had disclosed to Arenberg State deliberations at Greenwich. Ralegh had nothing to hope from the compiler of this wonderful medley, who was willing to buy his life by calumnies upon his friend. He had nothing to hope from the legal justice of his cause, His only real hope was in a discovery by the Fountain of Mercy that the prosecution of him was a mistake; that he was too precious a weapon in the royal armoury to be thrown away, or be let rust; that though law condemned, the national conscience had acquitted him, and

cancelled his sentence. His trust, at all events, in public CHAP. XX.. opinion was justified. In 1603 it was not plain to his contemporaries that not a shadow of evidence had ever existed on which he could justly be sent to trial. They saw no absurdity in the association of his name as a traitor in scurrilous ballads with those of Watson and Brooke. But they had seen him in the dock. He had compelled them to weigh the proofs against him and recognise their hollowness and inconclusiveness. The manliness with which he had stood at bay against Coke's insolence, Cobham's perfidy, and Cecil's damaging apologies for estrangement had brought over to him the sympathy of public opinion. The tide of popular feeling turned, and ceased henceforth to run turbulently against him.

The Court had been densely thronged. A multitude of Public Opinion. eye-witnesses spread through the kingdom their own 'great admiration.' 'Never man,' writes Sir Toby Matthew, 'spoke better for himself. So worthily, so wisely, so temperately he behaved himself that in half a day the mind of all the company was changed from the extremest hate to the extremest pity.' His demeanour was extolled as perfect; to the Lords humble, yet not prostrate, to the jury affable, not fawning, rather showing love of life than fear of death, to the King's counsel patient, but not insensibly neglecting, not yielding to imputations laid against him in words. Michael Hickes wrote to Lord Shrewsbury that his conduct 'wrought both admiration for his good parts and pity towards his person.' His demeanour and eloquence, Hickes heard, had elicited some tears from Mar and Cecil. It was wondered that a man of his heroic spirit could be so valiant in suffering that he was never overtaken in passion.' Carleton's account to Chamberlain was that he answered Coke and the rest with that temper, wit, learning, courage, and judgment, that, save it went with the hazard of his life, it was the happiest day that ever he spent. And so well he shifted all advantages that were taken against him, that, were not fama malum gravius quam res, and an

-

CHAP. XX. ill name half hanged, in the opinion of all men he had been acquitted. In one word, never was a man so hated and so popular in so short a time.' James wished to have an independent account of the trial, and had commissioned two gentlemen, Roger Ashton and a Scotchman, to report. They carried the news of the trial to the King at Wilton House. Never,' stated Ashton, according to Carleton, 'man spake so well in the time past, nor would in the time to come.' The Scotchman seems to have reported that, whereas, when he saw Sir Walter Ralegh first, he was so led with the common hatred that he would have gone a hundred miles to see him hanged, he would, ere they parted, have gone a thousand to save his life.'

Legends.

The shock inflicted upon the national instinct of fairness by the conviction of such a man, on such evidence, and after such a defence, showed itself by legends which clustered round the facts of the trial. 'Some of the jury,' it is related by Francis Osborn in his Memorials on the Reign of King James, 'were, after he was cast, so far touched in conscience as to demand of him pardon on their knees.' Coke himself was rumoured to have been astonished at the form of the verdict. He was in a garden resting his brazen lungs and his venomous temper, when his man announced that the jury had brought in Ralegh guilty of treason. 'Surely,' observed Coke, 'thou art mistaken; for I myself accused him but of misprision of treason.' The story, which its narrator, in the anonymous Observations upon Sanderson's History of Queen Mary and King James, issued in 1656, 'upon the word of a Christian received from Sir Edward Coke's own mouth,' will appear to any reader of the trial a manifest fable. Not the less does it, like the myth of the fraud by which Cobham's accusing Winchester deposition is alleged to have been procured, testify to the difficulty the public experienced in digesting the judicial outrage upon reason. Similarly must be explained the anecdote, though told by Ralegh himself to the Privy Council after his return from Guiana, on the authority of his physician, Dr. Turner, of

141

Sir Francis Gawdy's death-bed lament that 'Never before had CHAP. XX the justice of England been so depraved and injured as in the condemnation of Sir Walter Ralegh.' Gawdy had uttered

no word of protest against the shameless misbehaviour of his Chief and the Attorney throughout the hearing. On the contrary, his one remark was against the prisoner. If he really considered the conduct or result of the trial iniquitous, it is a pity he was not more prompt in denouncing it. His judicial sensitiveness needed to be awakened by a fit of apoplexy which carried him off in 1606 to his grave in the next parish, he having turned his own church at Wallington into a dog kennel.

CH. XXI.

Bathos.

CHAPTER XXI.

REPRIEVE (December 10, 1603).

THE nation was doing a great man justice, though tardily. Not even its hero's temporary self-abasement could put it out of conceit with him. One of the many curious surprises in Ralegh's history is the manner in which a sudden change in his demeanour seemed to give the lie to the general admiration. Almost a worse grievance against the Court and its legal tools than their persecution is the effect it had in humiliating and degrading him for a time. Though the proceedings had been a travesty of justice, they had been invested hitherto with a scenic stateliness. Ralegh had borne himself gallantly. He had kept and left the stage with unfailing dignity. The prosecution had at least evinced the respectable earnestness of stubborn hate. At the moment after the catastrophe the nobility, whether of persecuted greatness or of murderous vengefulness, evaporated. Ralegh's enemies appeared to have lost their motive and plan. They seemed no longer sure why or how they wished to wreak their rage. He, from his condemned cell, demanded justice for wronged innocence in the accents of a detected cut-throat. To the Lords Commissioners he wrote: The law is passed against me. The mercy of my Sovereign is all that remaineth for my comfort. If I may not beg a pardon or a life, yet let me beg a time. Let me have one year to give to God in a prison and to serve him. It is my soul that beggeth a time of the King.' He spoke of his fear that the power of law might be greater than the power of truth. He reminded Cecil that

« PreviousContinue »