Compensa CH.XVIII. be said to have been happy in undergoing it. Unless for it, neither his contemporaries nor posterity could have fully comprehended the scope and strength of his character. Upversed in law, he was more than a match for the incomparable legal learning of Coke and for his docile bench of judges. His trial, which is the opprobrium of forensic and judicial annals, makes a bright page in national history for the unique personality it reveals, with all its wealth of subtlety, courage, and versatility. Figures of purer metal have often stood in the dock, with as small chance of safety. Ralegh was a compound of gold, silver, iron, and clay. The trial, and all its circumstances, brought into conspicuous relief the diversity which is no less the wonder of the character than it is of the career. The Ralegh who has stamped himself upon English history, who has fascinated English imagination, is not so much the favourite of Elizabeth, the soldier and sailor; it is the baited prey of Coke and Popham, the browbeaten convict of Winchester, the attainted prisoner of the Tower. Against the Court of James and its obsequious lawyers he was struggling for bare life, for no sublime cause, for no impersonal ideal. Yet so high was his spirit, and his bearing so undaunted, that he has ever appeared to subsequent generations a martyr on the altar of English liberties. CHAPTER XIX. THE TRIAL (November 17). ON September 21 Ralegh had been indicted at Staines for CH. XIX. having, with Cobham and Brooke, compassed in the Parish of The St. Martin in the Fields to deprive the King of his crown, to Indictment. 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. 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 Mob Judgments. CH. XIX. 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 CH. XIX. him. 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 Chief Justice Popham. 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 P 144 The Jury. CH. XIX. 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.' 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!' |