Since making my selection of trials I have become aware that Mr. Leslie Stephen, in his Hours in a Library, has chosen for notice precisely those trials which I have reported. I must disclaim any merit in having made the same selection as such an eminent critic; but at the same time I can confidently affirm that my choice was made before I had read the essay in question. Whether I have been guilty of the crime of plagiarism in this particular I cannot say; neither, as far as that goes, do I care. My readers at least have no reason to complain, and I can count on you, Gerald, to join with me in deprecating the wrath of the outraged author.
Trusting confidently in your co-operation to secure for this little collection as favourable a reception as may be from that public for whose taste we both have so much respect,—I remain, yours to command,
H. L. STEPHEN.
The Inner Temple,
31st December 1898.
SIR WALTER RALEIGH[1]
Raleigh's trial is so closely connected with the politics of the time that it cannot be properly understood without reference to them. James owed his succession to the throne, at all events the undisputed recognition of his right to that succession, in a great measure to Cecil's elaborate and careful preparations. It was therefore natural enough that Cecil's position as chief minister should be confirmed at the beginning of the new reign: but this fact drove two important parties into opposition to the new order of things. The Earl of Northumberland, Lord Grey, Lord Cobham, and Sir Walter Raleigh found themselves deprived of all chance of obtaining power, and the Catholics gradually realised that their position was not likely to be substantially improved. Northumberland indeed was won back by promises of royal favour, but Raleigh was deprived of his captainship of the Royal Guards and his post of Warden of the Stannaries, whilst his monopoly in wine was threatened. The all-important question of foreign politics formed a centre on which the international struggle for power turned. James himself was a stranger to the national hatred for the Spaniards which had hitherto been Raleigh's guiding principle. Cecil was probably more anxious for peace than anything else, though desirous to do all he could to advance the power of the Netherlands and hold the Spaniards in check. Meanwhile the various foreign powers concerned prepared to make what profit they could out of the altered state of England. A mission from the Netherlands effected practically nothing. The Duke of Sully, the ambassador from Henry iv. of France, obtained some assistance towards prolonging the defence of Ostend against the Spanish forces. The Archduke Albert[2] sent the Duke of Aremberg, not to negotiate, but to protract the time till the Court of Spain could decide upon a policy.
Northumberland, together with Raleigh and Cobham, seem to have made overtures to Sully which were rejected, on which the two latter transferred their attentions to the Spanish interest, and certainly put themselves into communication with Aremberg. Meanwhile an extreme and apparently weak party among the Catholics entered into an obscure and violent undertaking popularly known as the 'surprising' or 'Bye' plot as contrasted with Raleigh's, known as the 'Main.' Watson, a secular priest, whose main motive, in Professor Gardiner's view, was a hatred of the Jesuits, had taken a leading part in reconciling the English Catholics to James's accession. Irritated by the exaction of fines for recusancy instituted at the beginning of the new reign, he allied himself with Clarke, another priest, Sir Griffin Markham, a Catholic gentleman discontented with the government for private reasons, George Brooke, Lord Cobham's brother, and Lord Grey. A fantastic scheme propounded by Markham was adopted, and the conspirators decided to seize the King while hunting, to carry him to the Tower, on the plea of protecting him from his enemies, and there install themselves in power under the shadow of his name. They were, as represented by Coke in Raleigh's trial, to swear to protect the Sovereign from all his enemies, and they affected to have a large following in the country. Copley, an insignificant recruit, was added to the party, and the execution of the plot was fixed for the 24th of June. On that day, however, their partisans proved to be too few for their designs, and the next day Grey separated himself from them. Meanwhile the Jesuits had become aware of the plot and communicated their knowledge to the government; and the conspirators were soon arrested. The connection of Brooke with the 'Bye' plot suggested Cobham's complicity; and Raleigh, as his nearest friend, was summoned to Windsor by Cecil to be examined before the Council.
After this examination he wrote the letter to Cobham so often referred to in the trial, saying that he had said nothing to compromise him, and reminding him that one witness, possibly referring either to Aremberg's servant, or Brooke, was not enough to convict of treason. He subsequently wrote to Cecil informing him that Cobham had been in communication with Aremberg, and Cobham was arrested. Raleigh's own arrest followed on July 17th, and within a fortnight he attempted to commit suicide. He and Cobham were both subsequently examined, with the results that appear in the course of the trial. It must be remembered that the government probably had a quantity of private information which they did not produce, partly no doubt with the view of protecting Aremberg. This is particularly so in relation to the most serious part of the case; that, namely, relating to the scheme of placing Lady Arabella on the throne; as to which see Gardiner's History, vol. i. pp. 132, 133.