Mr.

Justice Holmes, John Adams, and Sir Eduard Coke — to the study of these three giants in law C a t h e r i n e
D r in k e r B o w e n has devoted no less than fifteen years. The sequence is important, for each of the tluee built
upon the edifice of his predecessor; and for this reason perhaps Sir Edward Coke, who suppressed the conspiracies
against Queen Elizabeth and fought for the Commons against James I and Charles I perhaps he is the mightiest
of the trio in that he laid thefoundations of our Bill of Rights. Thefollowing excerpt is the second of three, powerful
and charged with character, which the Atlantic is drawing from Mrs. Bowen s forthcoming book, The Lion and
l lie Throne. They are highlights in a volume which in its entirety runs to 200.000 words.

THE LION AND THE THRONE

The Trial o f Sir W alter Ralegh

by CATHERINE DRINKER BOWEN

1
N thespring of 1603, James VI of Scotland, friends, watching closely to see how they received it,

I already proclaimed King of England, left Edin­

burgh and with a crowd of courtiers rode down
to claim his kingdom. Over the countryside, bells
and letting reward or punishment fall accordingly.
Ralegh was known as the most independent-minded
man in England. Unlike Leicester, Essex, and the
rest, he had never made a step toward popularity.
pealed, songs were sung, poetic welcomes declaimed.
Schoolchildren threw flowers in the royal path. “ There is no man on the face of the earth,” he said,
Sheriff's bearing white wands rode out from towns, “ that I would be tied unto.” His manner was
mayors in scarlet, gold chains (when they had them) arrogant, ruthless, and it was generally said that
about their shoulders. Presents were showered. he showed himself greedy of money, an oppressor
James was delighted. After his own barren wild of the poor on his estates. He made enemies as
domain, this kingdom seemed rich as Babylon, rich readily as the Earl of Essex had made friends
as Guiana. One of his train, a bluff plain Scotsman, and remained perfectly indifferent to the reputation.
was heard to say, “ This people will spoil a good Ralegh was fifty-one, Edward Coke fifty-two.
king.” James rode down through the pleasant April There had always been a magnificence about Sir
sunshine, the soft April rains. In London, Elizabeth Walter. His sword belt was studded with gems, a
lay in her leaden coffin, wrapped in serecloth. famous diamond sparkled at the hilt. I*rom James
James had ordered her funeral to proceed without he had received a check and knew it. But that his
him. entire fortune, credit, honor — and very soon, his
For one man at least, Elizabeth’s death meant life— were in danger, he could not have suspected.
ruin. Sir Walter Ralegh strode behind her coffin, He knew nothing of his enemies’ machinations
his helmet black-plumed, mourning band around during the past year, nothing of Lord Henry
his arm. Like everyone he expected drastic changes; Howard’s letters, Essex’s letters, which had so
James, quite naturally, would desire his old friends effectually poisoned James’s mind by hints that
about him — new officers of the Bedchamber, a Ralegh was ambitious, opposed to the succession,
new Captain of the Guard. Ralegh looked for it. harbored plans of his own. James s shrewd Scotch
Moreover, he had already been rebuffed, if John heart was fertile to suspicion; to turn it against Sir
Aubrey’s story is true. Going north to meet the Walter had not been difficult. First of all, Ralegh
monarch (against Robert Cecil’s advice), Sir alter desired war with Spain. Ralegh’s name was almost
had introduced himself at Burghley House in a symbol for war — and James loathed fighting.
Northamptonshire. Kneeling, he was greeted with Secondly, Ralegh had been Essex’s enemy, whom
a heavy royal pun: “ On my soule, mon, I have James chose now to speak of as my martyr,
heard rawly of thee!” confident that the “ unfortunate E arl” had desired
It was humiliating but by no means fatal. Al­ nothing so much as to help him to the throne.
ready, James was noted for chiding his new English Sir Robert Cecil, while he did nothing to ac-
63
64 THE ATLA NTIC MONTHLY
centuate the royal distrust, by all the records did been a point of irritation. It “ turned up naturally”
nothing to dispel it, though at the moment Cecil while theirs must be curled with irons.)
had large sums invested in Ralegh’s profiteering Each move that Ralegh made now was watched,
ventures. The intrigues that formed around James’s reported to the Privy Council. Sir Walter, for one
accession were mysterious, greedy, shameful — and who stood so high, had endured well-nigh unen­
in Ralegh’s case, tragic. To solve the plots, explain durable humiliation. By every sign of his past
their motivation, is impossible. One thing, how­ nature he would strike back, either in open chal­
ever, is sure: James left Scotland convinced that lenge to his enemies or by secret plans to overthrow
Ralegh was a threat and Cecil the strongest, wisest I hem. Who then were his friends, with whom did
man in England. His little beagle, James called Sir he consort on these late evenings, and why was he
Robert. Cecil, like James, was set against war with so “ inward” with that dubious man of riches and
Spain, whereas Ralegh could not have enough of wayward temper. Lord Cobham, Warden of the
talking about it and had even prepared for James’s Cinque Dirts? Weeks before Ralegh left Durham
edification a Discourse touching a War with Spain House, the royal spies were out. Boats leaving his
and the protecting of the Xetherlands. On top of this, water gate were counted, their occupants noted.
Ralegh, after the Rurghley House rebuff, went Already, by Lord Howard’s means, James sus­
again to see the King on his journey— at Bed­ pected some dark alliance between Ralegh, Cob-
ding! on Park, where James was visiting Lady ham, and the Catholic Percy, Earl of Northumber­
Ralegh’s uncle — and offered to invade the Spanish land. “ That diabolical triplicity,” Lord Howard
dominions at his own expense of two thousand called the group. In June a Catholic plot had been
pounds! He had another discourse ready, flow War discovered, though not as yet made public. One
may be made against Spain and the Indies. It was William Watson was at the bottom of it —- a secu­
typical of Sir Walter, yet an extraordinary indis­ lar priest who had been a Catholic agent at Jam es’s
cretion, considering the new monarch was so fearful court in Scotland and had begged a toleration.
of blood that he fell sick at the sight of a sword. (Actually, he thought he had succeeded, and so
But Ralegh, in this hopeful springtime of a reign, reported to Rome.)
saw little reason why he should not win the royal Even before Elizabeth’s death, Watson had been
confidence, bend the royal mind and purpose, and in custody, but set free, on James’s accession, to act
win eventual favor. He had every intention to try. as decoy. Immediately he obliged, seeking out
At Theobalds, Lord Treasurer Burghley’s country various “ discontented men,” some Catholic and
mansion, James met Elizabeth’s household officers some, oddly enough, strongly Puritan. Chief among
and held a conference concerning monopolies. It them were Cobham and his brother George Brooke;
was decided to cancel, among others, Ralegh’s Sir Edward Parham, a distinguished Catholic lay­
monopolies on wines and tin and to advise Sir man; and Sir Griffin Markham, notorious spend­
Walter that he resign as warden of the Cornwall thrift and owner of the forest of Beskwood, a place
mines and Governor of Jersey. Already, Ralegh so vast and wild that should Sir Griffin take refuge
had learned he was no longer Captain of the Guard; there, a thousand men — so Cecil informed —
the King had named a Scotsman in his place. could not rout him out.
At Beskwood Park, shortly after James’s arrival
in London, there had been a meeting of souls. • A
2 plan was formed, absurd on the face of it. The
O n M ay twenty-second, Coke was knighted in the King was to be “ surprised” in his palace at Green­
palace at Greenwich with six others, among them wich, the Tower guard overpowered, and the King
the Lord Mayor and Speaker of the last Parliament, kept there as hostage until Catholic demands
Recorder Richard Croke of London. There was a should be granted. Lord Grey do W ilton (Essex’s
grand banquet, and when darkness fell, fireworks great enemy) was, Sir Griffin told his confederates,
on the Thames, the sky all sprayed with arching already committed to the plan. Grey was rich and
light. “ Sir Edward” went home to Stoke. James fervently Puritan, llis bitter enemy, Southampton,
continued to make knights, not by the dozen but had been pardoned by James. Grey resented it; his
by the basketful — at least six hundred in three letters expressed dislike toward the crowd of Scots­
months. Ralegh, however, was forced from Dur­ men in James’s train — foreigners, rivals, upstarts.
ham House, his gray stone palace on the Strand. Among these plotters, Ralegh had no observable
Nevertheless, he clung doggedly to his position. connection, with one exception. Lord Cobham and
If enemies — men close to the throne — intrigued Sir Walter had been close. M utual visiting was
against him, well, it had been done before, in the noted, late meetings, midnight talks at Durham
Queen’s time, and he had prevailed. Dressed in his House— little for James to proceed upon. But it
old magnificence, he continued to frequent the was enough. At Windsor Castle the blow fell. One
court, his bearing easy as ever, eyes enigmatic morning in mid-July, Ralegh waited on the ter­
beneath their heavy lids, thick beard curling up­ race, having expected to accompany the King out
ward. (To his rivals, Ralegh’s beard had always hunting. Cecil came to him. Would Sir Walter be
 THE LION A M ) THE THRONE 65
pleased to go indoors? The Lords of Council had with his guard to the Bishop’s palace, the old stone
some questions to put. hall was crowded. People sat in the minstrel’s gal­
Six days later, Ilalegh was in the Tower, accused lery, leaned against the stone pillars until their
of high treason. The charge was conspiracy to kill legs must have ached. Some of them had been
the King, raise rebellion, alter the religion of the there since dawn; many had waited all night in the
realm, and set Arabella Stuart on the throne. Nine street before the doors. Here in the Bishop’s pal­
other suspects had been taken: Lord Grey de Wil­ ace, Cobham lay imprisoned beneath the courtroom
ton, Lord Cobham and his brother George Brooke, or in some turret chamber. And Cobham was
Sir Edward Parham, Sir Griffin Markham, Brooks- Ralegh’s only accuser, the single witness on which
by, Copley, and the two Catholic priests, Watson the prosecution must build its case.
and Clarke, whose discovered activities had first The jury of twelve knights had been brought
brought exposure. down from Middlesex County. Such a panel was
London was astonished. The thing had come considered harsh and somewhat biased; King James
suddenly, without warning. Moreover, 1he choice himself remarked that he would not wish to be
of confederates was bewildering. What, people tried by a Middlesex jury. There was rumor that
asked, was Lord Grey de Wilton doing in this com­ Sir Edward Darcy, Ralegh’s friend and neighbor,
pany of priests and atheists? “ I hear muche (by had been named and removed overnight from tin'
pryvate means),” wrote Harington, “ of strange panel. But there is no proof that the jury was
plottes by Cobham, Grey, Raleighe and others.” packed, and Ralegh declined to challenge a single
Of Ralegh almost anything could be suspected, juror. He “ thought them all honest and Christian
and the populace was ready to believe it. But that men and knew his own innocence.” He had how­
the Queen's old Captain, sea-fighter, explorer, ever one request. His memory was never good;
privateer had turned spy for the Catholic enemy — sickness in prison had weakened him. Might he
this was puzzling indeed. answer cpiestions severally, as they came up, rather
On July twenty-fifth (St. James’s Day) the King than all at once? Coke objected. The Kings evi­
was crowned at Westminster. The plague was rag­ dence “ ought not to be broken or dismembered,
ing in London, one of the worst visitations the city whereby it might lose much of its grace and vigor."
had ever experienced: report had it that two thou­ The judges conceded the point to Ralegh. Yet
sand a week were dying. Whole rows of doors were Coke’s remark concerning the King's evidence came
marked with the official placard: “ Lord have as no surprise in Winchester Hall. A threat to the
mercy on us.” The King fled with his household. sovereign was a threat to every English subject,
It was decided to hold the autumn term of court at dangerous moreover to a Protestant Reformation
Winchester, sixty miles down into Hampshire. which even yet was not secure. The King's evidence
Early in November, nine of the men accused with (not the prisoner’s) must serve as focal point. To
Ralegh made the trip under guard of fifty light- bring out this evidence was the business of the At­
horse. On November tenth, Ralegh followed in his torney General. Unfortunately for Ralegh, his fore­
own coach with Sir William Waad, Clerk of the judges considered it their business too, as did the
Privy Council, and Sir Richard Mansell, Vice- seven lay commissioners who sat upon the dais
Admiral of the Fleet. with the judges. The majority of these men already
It was a terrible journey. The London streets knew the evidence by heart. Since the moment of
were black with crowds which braved even the Ralegh’s arrest (and likely a month before), they
plague to curse at Ralegh. So great was the dis­ had been searching it out, fitting part to part until
order that watches were set far into the suburbs. confession matched confession. In Essex’s case
Winchester, when they came there, was crowded. such “ preparation” had been easy; hundreds saw
Up a steep narrow street to the castle Ralegh’s his armed passage through London. With Ralegh
coach labored; soldiers rode ahead to clear the way. the evidence was slim. Moreover, the court con­
When they reached the castle courtyard and Ralegh sidered that it had here a knight far cleverer than
stepped from the coach to prison, he could see in Essex, one who by common parlance was an easy
that brief moment's respite the gentle valley spread liar; in Coke’s own words, “ the father of wiles.
below, the chalk hills to the westward, brick barns Ralegh’s judges plainly were part of the prosecu­
rosy in the low November sun. Shortly before Sir tion, determined from the start to prove the pris­
Walter’s arrival, seven of the conspirators had been oner guilty. Yet there could have been no question
tried in a court fitted up in the Bishop’s palace. of collusion; Popham, old Judge Anderson, Gawdv,
All but one had been condemned to death, news not Warburton were neither venal nor corrupt. On the
calculated to make Ralegh sleep the sounder. contrary, they were men of high character who sat
to do their duty. And judicial duty in the year
1603 (and for two centuries after) meant bringing
3 forward every damaging fact of character and cir­
O x t h e seventeenth of November, 1003, Ralegh cumstance which could be gathered in the King’s
was taken down the hill for trial. When he came favor — hearsay evidence, gossip at third hand, the
 66 THE ATLA NTI C MONTHLY
confession of confederates. In treason cases, smoke Gentlemen, remember that I am not charged with
was hot as fire and bare suspicion tantamount to the Bye, which was the treason of the priests.”
the act overt. Those keeping company with traitors No, Coke said, Sir Walter was not so charged.
were ipso facto guilty; any evidence could pass. Yet all these treasons, “ like Sampson’s foxes, were
Yet Coke, Chief Justice Popham, Robert Cecil, joined together at the tails, though their heads were
who sat with the commissioners, took pride in the severed.” Coke went on to describe and define the
English legal tradition, pride even in their system law of treason, and was proceeding reasonably
of trial at common law. Was not such trial by ac­ enough until, after a sugary panegyric on the char­
cusation rather than inquisition, as in France and acter of James, he suddenly turned on Ralegh and
Spain? Was it not, by general agreement, speedy, demanded, “ To whom, Sir Walter, did you bear
open, viewed by any citizen who cared to come? malice? To the royal children?”
Above all, was not the accused permitted to speak I t was the first of Coke’s attacks, unexpected,
in his own defense, holding, if he wished, a daylong startling, brought on perhaps by Ralegh’s quick
altercation with judges, commissioners, Attorney positive denial of Coke’s charge, perhaps by the
General? “ Sir Walter Ralegh,” wrote Cecil to a realization that here was a prisoner equipped to de­
Privy Councilor before the trial, “ yet persists in fend himself with skill and passion. “ Air. Attor­
denial of the main treason. Few men can conceive ney,” Ralegh answered, “ I pray you, to whom or
it comes from a clear heart. Always, he shall be to what end speak you all this? I protest I do not
left to the law, which is the right all men are born understand what a wrord of this means, except it be
unto.” to tell me news. What is the treason of Alarkham
Cecil believed what he said. Moreover he was to and the priests to me?”
be the only man in Winchester courtroom who stood C o k e : N ay , I will prove all. T hou a rt a m onster!
out for Sir Walter in the matter of his legal rights T h o u h ast an E nglish face b u t a Spanish h eart. . . .
and privileges. I look to have good w on Is from you, an d purpose n ot
to give you worse th a n th e m a tte r press me unto.
B ut if you provoke me, I will n o t spare you an d I
4 have w 'arrant for it. . . . Y ou would have stirred
a l e g ii ’s indictment, read aloud by the Clerk, E ngland an d Scotland b o th . Y ou incited th e Lord
was short: Sir Walter had conspired to “ kill the C obham . . . .
King, raise a rebellion with intent to change re­ Cobham, rich, discontented, and apparently
ligion and subvert the government.” The overt somewhat of a fool, had been one of the “ diaboli­
acts charged were listening to Spanish bribes, con­ cal triplicity” which, according to Lord Ilenry
ferring with Lord Cobham concerning Arabella Howard, met at Durham House to conspire the
Stuart’s claim, together with promises, plans, King’s death and set Arabella in his place, Cobham
statements, and conspiracies to that end. planned to cross the Channel and obtain money for
Serjeant Heale opened for the Crown. He was the support of Arabella’s title — a bargain which
brief; his speech is remembered only for a star­ included promise of a “ toleration of the Popish
tlingly facetious peroration where he remarked that religion in England.” All this, said Coke, Lord
as for the Lady Arabella, upon his conscience she Cobham had confessed: dealing with Aremberg,
had no more title to the Crown than he had himself, the Spanish agent; Aremberg’s offer of 600,000
“ which, before God,” he finished, “ I utterly re­ crowns. Ralegh, Coke urged, pretended the money
nounce.” Even Ralegh smiled. It was the last was merely a Spanish offer “ to forward the peace.”
time he would smile that day. A'et if the Spanish King had in mind such an offer,
Coke followed and spoke at length. Foul treasons would he have chosen a recipient like Cobham,
had been unearthed, though no torture was em­ who was “ neither politician nor swordsman” ? No!
ployed to find them, and no “ rigorous usage.” It required a Ralegh to carry through these plans.
(The prosecution invariably took care to make this “ Such,” said Coke, “ was Sir Walter’s secrecy and
claim in treason trials, and the audience took care Alachiavellian policy that he would confer with
to disbelieve it.) “ This great and honorable as­ none but Cobham, ‘because,’ saith he, ‘one witness
sembly,” Coke said, "doth look to hear this day can never condemn me.’ It will be stood upon Sir
what before hath been carried on the rack of scat­ Walter Ralegh today,” Coke continued, “ that we
tering reports. . . . ” have but one witness. But I will show your Lord-
Two conspiracies had been discovered, Coke re­ ships that it is not necessary to have two witnesses.”
minded the jury; the Bye Plot and the Main, they On this point, so crucial to Ralegh, Coke was
were called. The Bye was the Priests’ Plot, hatched securely within the law. It was true that during
by W’atson and Clarke; the Alain was Ralegh’s the reign of Edward VI (1547—1552) statutes had
conspiracy. As Coke continued, it became plain been enacted declaring for two witnesses. But on
he was describing, not Ralegh’s plot at all, but the the accession of Alary Tudor, these statutes were
Bye, a business far more flagrant and more foolish. repealed (1553), and since then one witness was
Ralegh broke in, addressing the jury: “ I pray you, held sufficient in cases of felony tried under the
 THE LION AND THE THRONE 07
common law. This was the legal view as known to Walter Ralegh for distribution of the money to
every barrister who had argued in Westminster them which were discontented in England. Being
Hall. Nevertheless, the country at large clung shown a note under Ralegh’s hand [Cobham],
stubbornly to the old two-witness rule. The Bible when he had perused the same, brake forth, saying,
declared for it, and was not Holy Scripture cor­ 0 traitor! O villain! T will now tell you all the
roborative of the common law/ truth!’ And then said that he had never entered
Coke turned now to the jury and repeated the into these courses hut by Ralegh's instigation, and
charge of setting up Arabella as "titular queen. that he [Ralegh] would never let him alone.’
On Ralegh’s interrupting. Coke retorted that he did Coke directed the Clerk to repeat the last words
not wonder to see Sir Walter "moved. "Nay, — “ Sir Walter would never let Cobham alone."
Ralegh replied, “ you fall out with yourself. I have As for the "note under Ralegh’s hand,” so disturb­
said nothing to you. 1 am in no case to be angry. ing to Cobham, it was to prove one of the deadliest
As the reporter’s bare account moves forward, it facts toward Ralegh’s conviction. Written in July,
is hard to see why Ralegh’s calm interpolations were before Sir Walter’s imprisonment, it was addressed
to Coke so palpably infuriating. Was it something to Cecil. Coke explained the occasion. At Windsor,
in Sir Walter’s manner, the old easy arrogance, when Ralegh first was questioned by the Privy
impossible of description, which for thirty years had Council, he had said he knew of no plots between
earned a host of enemies? Whatever it was, it Cobham and the Spanish agent. But later the same
caused Coke to lose control again and again, spit­ afternoon, Sir Walter, riding home to London,
ting out words shameful, unworthy, never to be for­ remembered an incident of early spring, after Cob­
gotten. After Ralegh's quiet rebuke, Coke reverted ham had spent an evening at Durham House.
once again to the Bye Plot, of which the prosecu­ Cobham had left by the water gate, and Ralegh,
tion well knew that Sir Walter was innocent, yet looking out a turret window, saw the barge turn
which, as the tale unfolded, seemed to implicate upstream, glide past Cobham’s own stairs, and stop
the prisoner by the very telling. As Coke talked, at the house of La Rcnsi, a Spanish agent. As soon
his anger mounted. "And now,” he informed the as Sir Walter returned from Windsor, he wrote out
jury, “ you shall see the most horrible practices that the story and sent it to Cecil.
ever came out of the bottomless pit of the lowest To the jury, this action of Ralegh’s was posi­
hell. . . .” tively damning. Why should Sir Walter, this early
There followed the recitation of an involved, in the game, have taken it on himself gratuitously
fantastic maneuver of Cobham’s, turning on a to inform against his friends, unless as a guilty
forged letter “ placed in a Spanish Bible,” an an­ man he hoped by such betrayal to save his own
swer forged and falsely dated. skin? Cobham, when first arrested, had sworn to
Ralegh’s innocence of all plots and “ conversa­
R a l e g h : W hat is th a t to me? H ere is no treason tions.” Only when shown this letter had Cobham
of mine done. If my Lord Cobham be a traitor, w hat broken down and accused Ralegh of treason.
is th a t to me?
C o k e : All th a t lie did was by th y instigation, thou
Sir Walter, in rebuttal, asked to see Cobham’s
viper: F o r I thou thee, thou traito r! I will prove
confession. While it was being carried to him, he
thee th e rankest traito r in all E ngland. addressed the court: “ Gentlemen of the Jury, this
R a l e g h : N o no, M r. A ttorney, I am no traito r! is absolutely all the evidence that can be brought
W hether I live or die, I shall stand as tru e a subject against me. This is that which must either con­
as any t lie K ing hath. You m ay call me a traito r a t demn me or give me life, which must free me or
your pleasure, yet it becomes not a man of quality send my wife and children to beg their bread about
and v irtue to do so. But I take com fort in it, it is all the streets. This is that which must prove whether
you can do, for I do n o t yet hear th a t you charge me 1 am a notorious traitor or a true subject to the
w ith any treason. King. . . . ” Ilaiing read Cobham’s confession,
C h ie f J u s t ic e P o p h a m : Sir W alter Ralegh, M r.
Sir Walter answered at once concerning his own
A ttorney speaks out of zeal of his d u ty for th e service
of the King, and you for your life. Be p atien t on July letter to Cecil. Yes, he had written it. But
both sides. it revealed to Cecil nothing new. Long since, in
the late Queen’s time, said Ralegh, it was known
Coke now ordered the Clerk to read Cobham’s that Cobham had dealings with agents from the
confession from the Tower, dated July twentieth. Low Countries. Even Cecil’s father, Lord Burgh ley,
It was almost a repetition of the formal indictment, had been aware of it. Cobham, glimpsing this let­
hut more impressive, coming direct from Cobham: ter in the Tower, had jumped, added Ralegh, to
“ Confesseth: that he had conference with the Count wild unwarranted conclusions. Were not Lord
Aremberg about procuring 500 or 600,000 crowns, Cobham’s bitter railings well known? The man’s
and a passport to go into Spain to deal with the passions, indeed, had “ such violence,” said Ralegh,
King, and to return by Jersey, the Channel island “ that his best friends could never temper them.”
where Ralegh was then Governor. And that noth­ The note was never produced in court. Appar­
ing should be done until he had spoken with Sir ently it had vanished, or at least it made no part of
68 THE ATLA NTI C MONTHLY
the bundle of depositions at Coke’s disposal. Chief state of Spain well, his weakness and poorness and
Justice Popham now intervened. He himself had humbleness at this time. I knew that he was dis­
been in Cobham's Tower cell when Cobham saw couraged and dishonoured. I knew that six times
t his letter. The Lords of Council had brought it at we had repulsed his forces, thrice in Ireland, thrice
the exact moment when Cobham was signing his at sea, and once at Cadiz on his own coast. Thrice
first statement of innocence. (Actually, Cobham had I served against him myself at sea, wherein for
had balked at signing. Subscription was like taking my country’s sake I expended of my own proper­
an oath. And noblemen, Cobham protested, were ties, four thousand pound. I knew that where be­
not required to swear to documents, their bare foretime he was wont to have forty great sails at
word being considered sufficient.) At Popham’s the least in his porls, now he hath not past six or
insistence, however, Cobham took up a pen — and seven; and for sending to his Indies he was driven
as he wrote his name, the Lords walked in the door to hire strange vessels — a thing contrary to the
bearing Ralegh’s note “ of betrayal.” Cobham institutions of his proud ancestors, who straitly
looked at it and burst into fury, calling out upon forbad, in case of any necessity, that the Kings of
Sir Walter as a wretch and a traitor. “ Hath he Spain should make their case known to strangers.
used me thus? Nay then, I will tell you all!” Cob- I knew . . . ”
ham’s face as he said it (testified Popham) was the It was a saga, as Ralegh told it; it was the story
face of a man speaking truth; his face and all his of England’s glory unrolling. Men who had for­
actions. gotten Drake, forgotten Hawkins, remembered
The testimony of a Chief Justice is not easy to them now and for one quick moment remembered
disregard. Clearly, Popham believed in Cobham’s also the days before ’88, when England, a small
word, which meant he disbelieved in Ralegh’s. and feeble island, had lived in terror of the Span­
And upon this po in t— which man spoke truth, iard. Ralegh had never lost his broad Devon ac­
Ralegh or Cobham — the trial hung, and Ralegh’s cent. It was impressive, here in the courtroom; it
life. ' breathed of the sailor, not the courtier.
To the jury in Winchester courtroom, Ralegh’s “ What pawn had we to give the King of Spain?”
word was, if anything, less reliable than Cobham’s. Ralegh went on, passionately. “ What did we offer
Both were liars, opportunists. Sir Walter by all him?” He turned to Coke. “ And to show I was
reports was much the cleverer and stronger. Did not Spanish, as you term me, I had written at
it not follow he was also the more guilty? this time a Treatise to the King’s Majesty of the
present state of Spain, and reasons against the
peace. . . . ”
5 The jury listened. (“ Never,” wrote a spectator,
I t w a s now Ralegh’s turn to speak in full. 11c had “ any man spoke so well in times past nor would do
two lines to pursue: 1) show that Cobham’s word in the world to come.” ) Yet as Ralegh left his own
was not to be t rusted; 2) convince the jury that his history and came to Cobham’s dubious character
own circumstances made the alleged plots ridicu­ — his second argument — what he said seemed less
lous, his past history being incompatible with such convincing. Sir Walter acknowledged an intimacy
ill-timed and evil machinations. He began with the with Cobham, an “ inwardness,” he called it. But
second argument, and what he said covers three their frequent meetings had been concerned only
printed pages; it is instinct with poetry and dig­ with private business; Cobham had wished advice
nity, and, throughout, magnificently reasonable. about hts estate. Moreover, Ralegh argued, if he
By nature his voice was weak; in Parliament, men himself desired a treasonable confederate, why
had complained they could not hear him when he would he have chosen Cobham, one of the richest
spoke. Why, he asked now, if he desired to plot noblemen of England? Ralegh finished speaking,
with Spain, would he have chosen this time of all and Cobham’s second examination was read by the
times, when England was strengthened by a union Clerk: When he had been about to return from
with Scotland, the Irish rebels quieted, the Low Spain with the 600,000 crowns, Cobham had feared
Countries at peace with England, Denmark’s to stop at Jersey and confer according to plan. At
friendship assured by the royal marriage — and on Jersey he would have been wholly in Ralegh’s
the English throne, “ instead of a Lady whom time power, and Ralegh “ might well have delivered him
had surprised, we had now an active King, a law­ and all the money to the King.”
ful successor to the Crown who was able to attend Was Ralegh, then, doubly nefarious, mistrusted
to his own business” ? even by his accomplices, ready to play his cards
Elizabeth, the old Queen! A Lady whom time had both ways and betray his own confederate for credit
surprised. No man had said it half so well. The with the King? Even if Cobham lied, these plots
phrase would be repeated, would become famous. and counterplots were shocking, disturbing. They
“ I was not such a madman,” Ralegh was saying, could not be all invention. . . . Had Cobham, Sir
“ as to make myself in this time a-Robin Hood, a Walter asked quickly, put his signature to this
Wat Tyler, a Kett, or a Jack Cade. I knew also the second statement in the Tower? No, Coke replied.
 THE LION A N D THE THRONE (>')

A declaration given in the presence of Privy Coun­ ment. If I have done these things I deserve not to
cilors needed no subscription to be valid. live, whether they be treasons by the law or no.
Why then, I beseech you, my Lords, let Cobham
R a l e g h : Surely, Mr. Attorney, you would not
be sent for! Let him be charged upon bis soul,
allow a bare scroll to have credit with a jury?
C o k e : Sir Walter, you say the laird Cobhani’s ac­ upon his allegiance lo the King. And if he then
cusing you was upon heat and passion. I his is maintain bis accusation lo my face, 1 will confess
manifestly otherwise: for after that the Lord Coh- my self guilty
hani had twice called for the letter and twice paused
a good while upon it and saw that his dealing with 6
Count Aremberg was made known, then he thought
himself discovered and after said. ‘O wretch and I t was now midday, the trial was half over.
traitor, Ralegh!’ As to improbability, is it probable Through high windows, light drifted down; on stone
that my Lord Cobhani would turn the weapon floors the rushes were pulled around chilly feet.
against his own bosom and overthrow himself in Ralegh had argued brilliantly from the statutes,
estate, in honour and in all his fortunes, out of but his judges were quick with refutation. The
malice to accuse you? . . . If he feared that you laws quoted did not apply, later statutes had re­
would betray him, there must of necessity be a trust pealed them. “ I marvel, Sir W alter,” Judge War-
between you. Xo man can betray another but he burton said, “ that you being of such experience and
that is trusted, to my understanding. . . . You seek
to wash away all that is said, by affirming the evidence wit, should stand on ibis point; for many horse­
against you to be but a bare accusation, without stealers should escape if t hey' may not be con­
circumstances or reason to confirm it. I fiat I will demned without witnesses. By law, a man may be
fully satisfy. For as my Lord Cobham's confession condemned upon presumption and circumstances,
stands upon many circumstances, and concerns many without any witness to the main fact. As, if the
others, I will, by other means, prove every circum­ King (whom God defend!) should be slain in his
stance thereof to he true. chamber, and one is shown to come forth of the
R a l e g h : R u t, my Lords, I claim to have my chamber with his sword drawn and bloody, were
accuser brought here face to face to speak. And not this evidence both in law and opinion without
though I know not how to make my best defence further inquisition?”
by law, yet since I was a prisoner, I have learned that Ralegh’s own words were now produced, as taken
by the law and statutes of this realm in case of
treason, a man ought to be convicted by the testi­ down in the Tower on August thirteenth: “ He con-
mony of two witnesses i! they be living. I will not fesseth the Lord Cobham offered him 10,000 crowns
take it upon me to defend the matter upon the of the [Spanish] money for furthering the peace be­
statute loth Edward 111, though that requires an tween England and Spain, and that he should have
overt act. . . . it within three days; but said, ‘When I sec the
money I will make you an answer,’ for [Ralegh]
Ralegh turned to the commissioners. “ Con­ thought it one of [Cobham’s] idle conceits and there­
sider, my Lords, it is no rare case for a man to be
fore made no account thereof."
falsely accused, aye, and falsely condemned, too! To the jury, this was a serious acknowledgment:
And my Lords the Judges — remember, I beseech
Ralegh had actually listened to an offer from
you, what one of yourselves said in times past. I Spain. T hat he had not accepted the money —
mean Portescue, a reverend Chief Justice of this had never even seen it — they promptly forgot.
kingdom, touching the remorse of bis conscience Men who listened to bribes were tainted men,
for proceeding upon such slender proof. ‘So long
dangerous, vulnerable. . . . Ralegh’s “ confession
as lie lived [he said] he should never purge his con­ (which in truth confessed nothing) upset this jury
science of that deed: And my Lords, remember too
of Middlesex knights who knew little of the tangled
the story of Susannah; she was falsely accused. . . .
politics of faction, the bargains by which courtiers
I may be told that the statutes I before named be lived and moved, and the shifting of loyalties with
repealed, for I know the diversity of religion in the each wind that blew' from Europe. (Cecil himself
Princes of those days caused many changes. Yet was later to accept a pension from Spain.) Ralegh
the equity and reason of those laws remains. They saw that he had lost ground and urged again that
are still kept to illustrate bow the common law was Cobham be produced in court. "W ere the case hut
then taken and ought to be expounded. By the for a small copyhold, you would have witnesses or
Law of God therefore, the life of man is of such good proof to lead the jury to the verdict. And I
price and value that no person, whatever his of­
am here for my life!” Once more the Chief Justice
fence is, ought to die unless he be condemned on the refused: “ Sir Walter, you plead hard for yourself,
testimony of two or three witnesses. but the laws plead as hard for the King.” Cecil
“ If then,” Ralegh finished, “ by the statute law,
interposed. Alight he hear the opinion of all the
by the civil law and by God’s word it be required
Judges on this point?
that there be two witnesses at the least, bear with
me if 1 desire one. Prove me guilty of these things The judges all answered [xvrote the reporter] that
by one witness only, and I will confess the indict­ in respect it might he a mean to cover many treasons
 70 THE AT L A NT I C MONTHLY
and might be prejudicial to the King, therefore by Ivemys, a soldier and sea captain who had accom­
law it was not sufferable. panied Ralegh to Guiana in 1595.
As the afternoon wore on, spectators showed R a l e g h : I deny the writings o f any such letter!
themselves restless; the temper of the hall was seen For Kemys, I never sent him on any such message.
to alter. (“ Sir Walter behaved himself so worthily, This poor man hath been a close prisoner these
so wisely, so temperately, that in half a day the eighteen weeks and hath been threatened with the
mind of all the company was changed from the ex­ rack to make him confess, but I dare stand upon it
tremes! hate to the greatest pity.”) Ralegh had he will not say it now.
employed no histrionics but bore himself with sim­ Instant clamor broke among the commissioners;
plicity, abusing no one beyond his own accuser, the lords all spoke at once. There had been no
Cobham, and keeping his argument to the law and torturing of any prisoner. The King had given order
the state of the realm. Coke, on the other hand, that “ no rigor should be used.”
digressed into any field that seemed fruitful. He
R a l e g h : Was not the keeper of the rack sent for
now produced, with something of a flourish, his and he threatened with it?
only oral witness of the trial, an English sailor, a S ir W il l ia m W a a d , from the commissioners’
pilot named Dyer, who put his hand on the Bible bench: When Mr. Solicitor [Fleming] and myself
and testified that last July, in Lisbon, he had heard examined Ivemys, we told him he deserved the rack
“ a Portugal gentleman say that King James would but did not threaten him with it.
never be crowned, for Don Cobham and Don C o m m is s io n e r s : That was more than we knew.
Ralegh would cut his throat first.”
The m atter was dropped, but not until Kemys’s
Nobody was impressed; such a fellow could pal­
own confession had been read, wherein he swore he
pably be bought for a few pounds. The sailor re­ had delivered the letter to Cobham. 'This time it
treated. Ralegh spoke contemptuously: “ This is
was Ralegh’s word against his own servant, a man
the saying of some wild Jesuit or beggarly priest.
known to be both faithful and brave. To the jury
But what proof is it against me?”
it looked as if Mr. Attorney had trapped Sir Walter
Coke : I t must perforce arise out of some preceding into a lie. For the last time, Ralegh begged to have
intelligence and shows that your treason had wings. Cobham brought into court. “ It is you, then, Mr.
Attorney, that should press his testimony, and I
Again it was the old tactic of the treason trial, ought to fear his producing, if all that be true which
wherein the prosecution quotes damaging state­ you have alleged.” Cecil supported Ralegh. Could
ments made by anybody at all, and then, by hint­ not the proceedings be delayed while the judges
ing association, or merely by constant repetition of sent to ascertain the King’s pleasure? But the
the words, hypnotizes a jury into laying on the judges resolved that the proceedings must go on.
prisoner the initial responsibility for what was said. What Sir Walter said now included little of law
Robert Cecil, at this point, rose to remark that two or logic. It was a simple, eloquent appeal: “ You,
innocent names had been implicated. Count Arem- Gentlemen of the jury: for all that is said to the
berg, the Ambassador, should not be blamed for contrary, you see my only accuser is the Lord Cob­
“ what others said to him or presumed of him, but ham, who with tears hath lamented his false accus­
of how far he consented or approved.” (Ralegh, ing me, and repented of it as if it had been an hor­
hearing this, must truly have despaired; he was rible murder. I will not expect anything of you but
himself being tried on nothing beyond “ what others what reason, religion and conscience ask for every
said to him or presumed.”) Among the auditory, man. . . . Remember what St. Augustine saith,
Cecil went on, was a noble lady whose name should ‘So judge as if you were about to be judged your­
be cleared, seeing the indictment charged a plot to selves, for in the end there is but one Judge and one
set her on the throne. All eyes turned to the box Tribunal for all men.’ . . . Now if you yourselves
where sat Arabella with the Earl of Nottingham. would like to be hazarded in your lives, disabled in
The old Earl rose. “ The Lady,” he said, “ doth here your posterities — your lands, goods and all you
protest upon her salvation that she never dealt in have confiscated — your wives, children and serv­
any of these things.” ants left crying to the world; if you should be con­
That, apparently, disposed of Arabella, a lady tent all this should befall you upon a trial by sus­
habitually dragged into public notice and then picions and presumptions — upon an accusation
summarily dismissed. Coke, however, had re­ not subscribed by your accuser, without the open
served his two best points of evidence. lie now testimony of a single witness — then so judge me as
produced the first one: a confession by Cobham, you would yourselves be judged!”
under date of October thirteenth, saying that
Ralegh had sent a letter to the Tower bidding Cob­
ham not to be dismayed because “ one witness 7
could not condemn him.” If they both kept si­ S erjeant P h illips , ordered by Popham to sum
lence, both were safe. The man who carried it was up for the Crown, repeated the charges briefly,
 THE LION AND THE THRONE 71
adding that Cobham had confessed to all of them. he that hath set fortli so gloriously his services against
“ Now the question is,” Phillips said, “ whether Sir the Spaniard, and hath ever so detested him! This
Walter Ralegh be guilty as inciting or procuring the is he that hath written a book against the peace
Lord Cobham to this treason. If the Lord Cobham [with Spain]! I will make it appear to the world
that there never lived a viler viper on the face of
say truth, Sir Walter Ralegh is guilty. If Sir Walter the earth than thou! I will show you wholly Spanish,
Ralegh say true, then he is free; so which of them and that you offered yourself a pensioner to Spain
says true is the whole question. Sir Walter Ralegh for intelligence. Then let all that have heard you
hath no proof for his acquittal, though he hath as this day judge what you are, and what a traitor’s
much wit as man can have. But he uses only his heart you bear, whatever you pretended.
bare denial. But the denial of a criminal is not
sufficient to clear him, neither is the evidence on During this terrible exchange, Coke carried in his
oath of a defendant in his own cause allowed to hand a scroll. It was his final evidence, a surprise
clear him in any Court of law or equity, much less card he had withheld, a last damning word against
therefore in matters of treason.” Ralegh, given by Cobham only yesterday from his
prison cell. Coke’s first words would indicate he
Now the business [wrote the reporter] seemed to held the paper up so all could view it. “ See, my
be at an end. Then said Sir Walter Ralegh, “ Mr. Lords, what it hath pleased God to work in the heart
Attorney, have you done?” of my Lord Cobham, even since his coming hither
C o k e : Yes, if you have no more to say. to Winchester! He could not sleep quietly till he
R a l e g h : If you have done, then I have some­
had revealed the truth to the Lords, and therefore
what more to say.
C o k e : Nay, I will have the last word for the King. voluntarily wrote the whole matter to them, but
R a leg h : Nay, I will have the last word for my yesterday. And to discover you, Ralegh, and all
life. your Machiavelian tricks, hear what the Lord Cob­
C o k e : G o to, I will lay thee upon th y back for the ham hath written under his own hand, which I will
confidentest traito r th a t ever came to the bar! read with a loud voice, though I be not able to speak
C e c il : Be not so impatient, good Mr. Attorney. this s’ennight after.”
Give him leave to speak. Turning to the audience, Coke began to read
C o k e : I am the K in g ’s sworn servant an d m ust Cobham’s words, “ commenting,” says the reporter,
speak. If I m ay n o t be p atiently heard, you dis­
“ as he went along ” : —
courage the K ing’s Counsel and encourage traitors.
“ Sir Walter Ralegh, four nights before my com­
Was it now the spectators hissed? (A spectator, ing from the Tower, caused a letter, inclosed in an
writing afterward, said the auditory hissed at Coke, apple, to be thrown in at my chamber window, de­
not specifying the moment.) siring me to set down under my hand and send to
him an acknowledgment that I had wronged him,
Mr. Attorney [says the reporter] sat down in a chafe and renouncing what I had formerly accused him
and would speak no more until the Commissioners of. Ilis first letter I made no answer to; the next
urged and entreated him. After much ado, he went day he wrote me another, praying me, for God’s
on and made a long repetition of the evidence for the
direction of the jury. And at the repeating of some
sake, if I pitied him, his wife and children, that I
things, Sir Walter Ralegh interrupted him and said would answer him in the points he set down, in­
he did him wrong. forming me that the Judges had met at Mr. At­
torney’s house, and putting me in hope that the
I t was here that Coke lost all control, speaking proceedings against me would be stayed. Upon
words which are held forever to his shame. Nor this I wrote him a letter as he desired. I since have
were they phrases a man can whisper. Coke stood thought how he went about only to clear himself
directly in front of Ralegh. Sir Edward was a big by betraying me. Whereupon I have resolved to
man and, at fifty-two, still in the prime of strength set down the truth, and under my hand to retract
and vigor; his full, dark robes made him seem even what he cunningly got from me, craving humble
larger. Long afterward, it was said he shook his pardon of his Majesty and your Lordships for my
fist at Ralegh, though no eyewitness mentioned it. double dealing. . . . ”
Nevertheless, Coke’s voice must have filled the hall: “ The tru th ” — as Cobham saw it in this last
“ Thou art the most vile and execrable traitor,” he retraction — was Ralegh’s bargain with Arcmberg
shouted, “ that ever lived!” for a flat yearly pension of 1500 pounds in return
for spying service, “ to tell and advertise what was
R a l e g h : Y ou speak indiscreetly, uncivilly and
barbarously. .
intended by England against Spain, the Low Coun­
C o k e : Thou art an odious fellow! Thy name is tries or the Indies.” To the jury this was new and
hateful to all the realm of England for thy pride. shocking. Bribes had been mentioned, but noth­
R alegh : It will go near to prove a measuring cast ing so damning as a continuous, yearly payment.
between you and me, Mr. Attorney. As instance — Cobham wrote further — Sir Walter,
C o k e : Well, I will now lay you open for the returning one night from the palace at Greenwich,
greatest traitor that ever was. This, my Lords, is revealed “ what was agreed upon betwixt the King
72 THE ATLA NTIC MONTHLY
and the Low Countrymen, that I should impart it Ralegh thrust a hand in his breast and produced
to Count Aremberg, . . . And Sir Walter in his a folded small sheet. “ It is true,” he said, “ I got a
last letter advised me not to be overtaken by con­ poor fellow in the Tower to cast up an apple with
fessing to any preacher as the Earl of Essex had.” the letter in it, at Lord Cobham’s window; which I
Here Coke broke oil' his reading, and turning to am loath to mention lest Air. Lieutenant of the
Ralegh, spoke in passion: “ O damnable atheist! Tower might be blamed, though I protest Sir
He counsels not to confess to preachers, as the Earl George Harvey is not to blame for what passed.
of Essex did! That noble Earl died indeed for his No keeper in the world could so provide but it
offence, but he died the child of God, and God hon­ might happen. But I sent him his letter again, be­
ored him at his death. Thou, Ralegh, wast by when cause I heard it was likely now he should be first
he died. Et lupus et turpes instant morientibus ursae!” tried. But the Lord Cobham sent me the letter a
Wolves and bears press close upon the dying. The second time, saying it was not unfit I should have
Latin, rolling out, was like a curse; it was anath­ such a letter.”
ema, incantation, and, considering Coke’s own Ralegh held up the paper. “ And here you may
part in Essex’s trial, was least excusable. This was see it, and I pray you read it.”
not law but rabble-rousing. It was the stones and The Clerk came forward to take the note. The
mire hurled once more at Ralegh. Whatever the jury watched. In the history of trials, had evidence
jury thought, they could not disregard the new ever been so given and retracted, so sworn and for­
evidence— a letter written at Winchester not sworn? No m atter what this new note of Cob­
twenty-four hours past. Tomorrow or next day, ham’s might say, Ralegh, in producing it, confessed
Cobham himself would stand trial in this very hall. what he had earlier denied — communication with
Impossible that a man with death so close upon Cobham in the Tower. “ But what say you,” Pop-
him would lie thus to the Lords. What had he to ham interposed, “ to the pension of 1500 pounds a
gain thereby? Was any favor, Popham inquired year?”
of the commissioners, “ promised or offered” to He could not deny it, Ralegh replied, though it
Cobham for the writing of this letter? No, Cecil was never his purpose to accept it. “ I t was my fault
replied, to his knowledge there was none. “ I dare I did conceal it, and this fault of concealing, I
say not,” Ralegh interposed drily. “ But my Lord acknowledge. But for attempting or conspiring
Cobham received a letter from his wife that there any treason against the King or the State, I still
was no way to save his life but to accuse me.” deny it to the death and it can never bo proved
This, to the jury, was beside the point. “ The against me.”
Lord Cobham’s confession,” wrote the reporter, “ I perceive,” Popham said gravely, “ you are not
“ seemed to give great satisfaction and cleared all so clear a man as you have protested all this while,
the former evidence, which stood very doubtful.” for you should have discovered this m atter to the
Coke’s triumph was plain. For him, the trial was King.”
over. The withholding of this evidence until the The Clerk, during this exchange, stood waiting,
end had been wise, he could tell himself — especially Cobham’s letter in his hand. “ Hear now, I pray
in dealing with a man of Ralegh's skill. Now it was you,” Ralegh said, “ what Cobham hath written
too late for denial. No trick of Sir Walter’s, no to me.”
appeal of eloquence could counteract this final
accusation of his enemy. Ralegh, said the reporter, Air. Attorney would not have this letter read,
stood “ much amazed.” saying that it was unfairly obtained from Lord Cob­
“ Now, Ralegh,” Coke said, “ if thou hast the ham. And upon Lord Cecil’s advising to hear it, he
grace, humble thyself to the King and confess thy said, “ My Lord Cecil, inar not a good cause!”
treasons.” C e c il : Air. Attorney, you are more peremptory
But Coke (though for the last time) under­ than honest. You must not come here to show me
estimated his adversary. Sir Walter too had re­ what to do.
served a surprise. R a l e g h : I pray my Lord Cecil particularly to read
the letter, as he knoweth my Lord Cobham’s hand.
By-and-by [wrote the reporter] Sir Walter Ralegh
seemed to gather his spirits again, and said: “ I Then was read the letter of the Lord Cobham to
pray you hear me a word. You have heard tale of a Sir Walter Ralegh, to this effect: “ Now that the
strange man. . . . Before my Lord Cobham’s com­ arraignment draws near, not knowing which should
ing from the Tower, I was advised by some of my be first, I or you, to clear my conscience, satisfy
friends to get a confession from him. Therefore I the world with truth and free myself from the cry
wrote to him thus, ‘You or I must go to trial. If I of blood, I protest upon my soul and before God and
first, then your accusation is the only evidence his angels, I never had conference with you in any
against m e!’ Therefore it was not ill of me to beg of treason, nor was ever moved by you to the things I
him to say the truth. But his first letter was not to heretofore accused you of. And for any thing I know,
my contenting. I wrote a second, and then he wrote you are as innocent and as clear from any treasons
me a very good letter.” against the King as is any subject living. Therefore
 T H E L I O N A N D TI1E T H R O N E 73
I w ash m y han ds and pronounce w ith D aniel, I am T he Ju ry were willed to go together; who departed
innocent of this blood. And so G od deal w ith me an d stayed n o t a q u arte r of an hour, when th ey
and have m ercy on my soul, as this is tr u e !” returned, bringing in th eir verdict, g u il t y o f
tr e a so n '.
It was impressive; this was a day when men did
Ralegh was led to the bar. Chief Justice Popham
not lightly call upon God’s name. Ralegh followed
it quickly. “ M y Masters of the Jury,” he said, stood up, bareheaded. In his hand he held the
“ this is a confession made under oath, and the deep­ black cap that signified a death sentence. “ Sir
Walter Ralegh,” he said, " I am sorry to sec this
est protestations a Christian man can make.” Yet
the jury was weary with these retractations and de­ fallen upon you this day. You have always been
nials of retractat ions; they came too late. Cobham’s taken for a wise man. And I cannot but marvel to
confession of yesterday, as read aloud by Coke, see that a man of your wit, as this day you have
invalidated this earlier statement, eloquent though approved it, could be entangled with so many
treasons. I grieve to find that a man of your qual­
it had been. Too much lay counter to i t — notes
tied to apples, servants bearing Secret letters, con­ ity would have sold yourself for a spy to the enemy
of your country for 1500 pounds a year. This
nivance, and what looked like deliberate falsehood
covetousness is like a canker, that eats the iron
in court. “ The acknowledging,” wrote the reporter,
“ of this 1500 pounds a year pension made the rest place where it lives. . . . ”
of the Lord Cobham’s accusation the better cred­ There was more; to Ralegh it must have been
well-nigh unendurable. “ O G od!” he had written
ited. . . . ” Chief Justice Popham addressed
to his wife from the Tower, “ I cannot live to think
Ralegh direct. “ In my conscience I am persuaded
how I am derided, the scorns I shall receive, the
that Cobham accused you truly. I observed his
cruel words of lawyers, the infamous taunts and
manner of speaking. I protest before ihe living
God I am persuaded he spoke nothing but the despites, to be made a wonder and a spectacle! O
truth.” death, destroy the memory of these and lay me up
in dark forgetfulness!”
Of all these cruel taunts, Popham’s solemn pro­
8 nouncement was the worst. Coke had raved but
rr Ralegh could answer him. Now, for Ralegh, denial
LriE prosecution rested its case. Coke’s three and affirmation were forever blocked. What the
points had been stated, embellished, gone over Chief Justice said, the world (or so thought Ralegh)
until twelve knights of Middlesex knew them by would take as truth. “ I t now comes to my mind,”
heart: 1) Ralegh’s July letter to Cecil, informing Popham continued, “ why you may not have your
of Cobham’s midnight visit to La Rensi; 2) Ral­ accuser brought face to face: for such an one is
egh’s letter to Cobham in the Tower, reminding easily brought to retract when he seeth there is no
Cobham that two witnesses were necessary for hope of his own life. . . . It now only remaineth
conviction and urging that as long as Cobham kept to pronounce the judgment, which I would to God
silence, they both were safe; 3) Cobham’s confes­ you had not to receive this day of me. I never saw
sion of November sixteenth, given from his cell in the like trial, and I hope I shall never see the like
Winchester. The first two points were hearsay, again.”
the letters never seen by the jury, never produced Raising both hands with the deliberation of an
in court. Yet testimony which the judges ac­ aged man, Popham set the black cap on his head.
cepted, the jury accepted also. As for point two, the “ Sir Walter Ralegh,” he said, “ since you have
fact that Ralegh denied the writing of such a letter been found guilty of these horrible treasons, the
seemed only to enhance his guilt; Kemys had con­ judgment of this court is, That you shall be had
fessed to delivery of it. That Cobham had three from hence to the place whence you came, there to
times retracted his testimony proved only that he remain until the day of execution. And from thence
was, like all traitors, untrustworthy and should be you shall be drawn upon a hurdle through the open
destroyed. The Attorney General had trapped Sir streets to the place of execution, there to be hanged
Walter into a lie concerning communication with and cut down alive, and your body shall be opened,
Cobham in the Tower. And though Magna Carta your heart and bowels plucked out, and your privy
said that no man should be forced to testify against members cut off and thrown into the fire before
himself, in the jury’s mind, Coke’s harsh question­ your eyes. Then your head to be stricken off from
ing was no derogation of this law. On the contrary, your body, and your body shall be divided into four
the prisoner had been given every opportunity to quarters, to be disposed of at the King’s pleasure.
reply and clear himself of guilt. “ And God have mercy upon your soul.”

h i the third and last installment, Mrs. Bowen shows Sir Edward, as Chief Justice of England and leader of the
( 'ommons, in a startling yet ent irely convincing reversal of attitude
— cham pion of men's rights against a monarch
who believed that the King of England was above the law.
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