Raleigh now gave his attention to the evidence which Keymis had given under threat of the rack. That this torture had been threatened, in express disobedience to the King's order, staggered some of the commissioners, and covered Sir William Waad with confusion. The eliciting of this fact seems to have brought over to Raleigh's side the most valuable and unexpected help, for, in the discussion that ensued, Cecil suddenly pleaded that Raleigh should be allowed fair play. The Attorney then brought forward the case of Arabella Stuart, and a fresh sensation was presented to the audience, who, after listening to Cecil, were suddenly thrilled to hear a voice at the back of the court shout, 'The Lady doth here protest, upon her salvation, that she never dealt in any of these things.' It was the voice of the Earl of Nottingham, who had entered unperceived, and who was standing there with Arabella Stuart on his arm. Their apparition was no surprise to the judges; it had been carefully prearranged.
The trial dragged on with irrelevant production of evidence by Coke, occasional bullying by the Lord Chief Justice, and repeated appeals for fairness from Cecil, who cautiously said that 'but for his fault,' he was still Raleigh's friend. Posterity has laughed at one piece of the Attorney's evidence:
There is one Dyer, a pilot, that being in Lisbon met with a Portugal gentleman, which asked him if the King of England was crowned yet. To whom he answered, 'I think not yet, but he shall be shortly.' 'Nay,' said the Portugal, 'that shall he never be, for his throat will be cut by Don Raleigh and Don Cobham before he be crowned.'
A prosecution that calls for evidence such as this has simply broken down. The whole report of the trial is so puerile, that it can only be understood by bearing in mind that, as Mr. Gardiner says, the Government were in possession of a good deal of evidence which they could not produce in court. The King wished to spare Arabella, and to accept Aremberg's protestations with the courtesy due to an ambassador. It was therefore impossible to bring forward a letter which Cecil possessed from Cobham to Arabella, and two from Aremberg to Cobham. The difficulty was not to prove Cobham's guilt, however, but to connect Raleigh closely enough with Cobham, and this Coke went on labouring to do. At last he laid a trap for Raleigh. He induced him to argue on the subject, and then Coke triumphantly drew from his pocket a long letter Cobham had written to the commissioners the day before, a letter in which Cobham disclosed all the secret correspondence Raleigh had had with him since his imprisonment, and even the picturesque story of the letter that was bound round the apple and thrown into Cobham's window in the Tower.
At the production of this document, Sir Walter Raleigh fairly lost his self-possession. He had no idea that any of these facts were in the hands of the Government. His bewilderment and dejection soon, however, left him sufficiently for him to recollect the other letter of Cobham's which he possessed. He drew it from his pocket, and, Cobham's writing being very bad, he could not, from his agitation, read it; Coke desired that it should not be produced, but Cecil interposed once more, and volunteered to read it aloud. This letter was Raleigh's last effort. He said, when Cecil had finished, 'Now, my masters, you have heard both. That showed against me is but a voluntary confession. This is under oath, and the deepest protestations a Christian man can make. Therefore believe which of these hath more force.' The jury then retired; and in a quarter of an hour returned with the verdict 'Guilty.' Raleigh had, in fact, confessed that Cobham had mentioned the plot to him, though nothing would induce him to admit that he had asked Cobham for a sum of money, or consented to take any active part. Still this was enough; and in the face of his unfortunate prevarication about the interview with Renzi, the jury could hardly act otherwise. For a summing up of both sides of the vexed question what shadow of truth there was in the general accusation, the reader may be recommended to Mr. Gardiner's brilliant pages.
Raleigh had defended himself with great courage and intelligence, and the crowd in court were by no means in sympathy with the brutal and violent address in which Popham gave judgment. On the very day on which Raleigh was condemned, there began that reaction in his favour which has been proceeding ever since. When the Lord Chief Justice called the noble prisoner a traitor and an atheist, the bystanders, who after all were Englishmen, though they had met prepared to tear Raleigh limb from limb, could bear it no longer, and they hissed the judge, as a little before they had hooted Coke. To complete the strangeness of this strange trial, when sentence had been passed, Raleigh advanced quickly up the court, unprevented, and spoke to Cecil and one or two other commissioners, asking, as a favour, that the King would permit Cobham to die first. Before he was secured by the officers, he had found time for this last protest: 'Cobham is a false and cowardly accuser. He can face neither me nor death without acknowledging his falsehood.' He was then led away to gaol.
For a month Raleigh was retained at Winchester. He found a friend, almost the only one who dared to speak for him, in Lady Pembroke, the saintly sister of Sir Philip Sidney, who showed veteris vestigia flammæ, the embers of the old love Raleigh had met with from her brother's family, and sent her son, Lord Pembroke, to the King. She did little good, and Raleigh did still less by a letter he now wrote to James, the first personal appeal he had made to his Majesty. It was a humble entreaty for life, begging the King to listen to the charitable advice which the English law, 'knowing her own cruelty, doth give to her superior,' to be pitiful more than just. This letter has been thought obsequious and unmanly; but it abates no jot of the author's asseverations that he was innocent of all offence, and, surely, in the very face of death a man may be excused for writing humbly to a despot. Lady Raleigh, meanwhile, was clinging about the knees of Cecil, whose demeanour during the trial had given her fresh hopes. But neither the King nor Cecil gave any sign, and in the gathering reaction in favour of Raleigh remained apparently firm for punishment. The whole body of the accused were by this time convicted, Watson and all his companions on the 16th, Raleigh on the 17th, Cobham and Gray on the 18th. On the 29th Watson and Clarke, the other priest, were executed. Next day, the Spanish ambassador pleaded for Raleigh's life, but was repulsed. The King desired the clergy who attended the surviving prisoners to prepare them rigorously for death, and the Bishop of Winchester gave Raleigh no hope. On December 6, George Brooke was executed. And now James seems to have thought that enough blood had been spilt. He would find out the truth by collecting dying confessions from culprits who, after all, should not die.
The next week was occupied with the performance of the curious burlesque which James had invented. The day after George Brooke was beheaded, the King drew up a warrant to the Sheriff of Hampshire for stay of all the other executions. With this document in his bosom, he signed death-warrants for Markham, Gray, and Cobham to be beheaded on the 10th, and Raleigh on the 13th. The King told nobody of his intention, except a Scotch boy, John Gibb, who was his page at the moment. On December 10, at ten o'clock in the morning, Sir Walter Raleigh was desired to come to the window of his cell in Wolvesey Castle. The night before, he had written an affecting letter of farewell to his wife, and—such, at least, is my personal conviction from the internal evidence—the most extraordinary and most brilliant of his poems, The Pilgrimage. By this time he was sorry that he had bemeaned himself in his first paroxysm of despair, and he entreated Lady Raleigh to try to get back the letters in which he sued for his life, 'for,' he said, 'I disdain myself for begging it.' He went on:
Know it, dear wife, that your son is the child of a true man, and who, in his own respect, despiseth Death, and all his misshapen and ugly forms. I cannot write much. God knows how hardly I stole this time, when all sleep; and it is time to separate my thoughts from the world. Beg my dead body, which living was denied you; and either lay it at Sherborne, if the land continue [yours], or in Exeter Church, by my father and mother. I can write no more. Time and Death call me away.
From his window overlooking the Castle Green, Raleigh saw Markham, a very monument of melancholy, led through the steady rain to the scaffold. He saw the Sheriff presently called away, but could not see the Scotch lad who called him, who was Gibb riding in with the reprieve. He could see Markham standing before the block, he could see the Sheriff return, speak in a low voice to Markham, and lead him away into Arthur's Hall and lock him up there. He could then see Grey led out, he could see his face light up with a gleam of hope, as he stealthily stirred the wet straw with his foot and perceived there was no blood there. He could see, though he could not hear, Grey's lips move in the prayer in which he made his protestation of innocence, and as he stood ready at the block, he could see the Sheriff speak to him also, and lead him away, and lock him up with Markham in Arthur's Hall. Then Raleigh, wondering more and more, so violently curious that the crowd below noticed his eager expression, could see Cobham brought out, weeping and muttering, in a lamentable disorder; he could see him praying, and when the prayer was over, he could see the Sheriff leave him to stand alone, trembling, on the scaffold, while he went to fetch Grey and Markham from their prison. Then he could see the trio, with an odd expression of hope in their faces, stand side by side a moment, to be harangued by the Sheriff, and then suddenly on his bewildered ears rang out the plaudits of the assembled crowd, all Winchester clapping its hands because the King had mercifully saved the lives of the prisoners. And still the steady rain kept falling as the Castle Green grew empty, and Raleigh at his window was left alone with his bewilderment. He was very soon told that he also was spared, and on December 16, 1603, he was taken back to the Tower of London. Such was James's curious but not altogether inhuman sketch for a burlesque.