The lord Cobham being required to subscribe to an Examination, there was shewed a Note undersir Walter Raleigh's hand; the which when he had perused, he paused, and after brake forth into those Speeches: Oh Villain! oh Traitor! I will now tell you all the truth; and then he said, His purpose was to go into Flanders, and into Spain, for the obtaining the aforesaid Money; and that Raleigh had appointed to meet him in Jersey as he returned home, to be advised of him about the distribution of the Money.Lord Chief-Justice Popham—When Cobham answered to the Interrogatories, he made scruple to subscribe, and being urged to it, he said, if he might hear me affirm, that if a person of his degree ought to set his hand he would: I lying then at Richmond for fear of the plague was sent for, and I told he ought to subscribe; otherwise it were a Contempt of a high nature: then he subscribed. The lords questioned with him further, and he shewed them a letter, as I thought written to me, but it was indeed written to my lord Cecil; he desired to see the Letter again, and then said, 'Oh wretch! oh traitor!' whereby I perceived you had not performed that trust he had reposed in you.Raleigh—He is as passionate a man as lives; for he hath not spared the best friends he hath in England in his passion. My lords, I take it, he that has been examined, has ever been asked at the time of his Examination, if it be according to his meaning, and then to subscribe. Methinks, my lords, when he accuses a man, he should give some account and reason of it: it is not sufficient to say we talked of it. If I had been the plotter, would not I have given Cobham some arguments, whereby to persuade the king of Spain, and answer his objections? I knewWestmoreland and Bothwell, men of other understandings than Cobham, were ready to beg their bread.Sir Thos. Fowler(one of the Jury)—Did sir Walter Raleigh write a letter to my lord before he was examined concerning him or not?Attorney—Yes.Lord Cecil—I am in great dispute with myself to speak in the case of this gentleman; a former dearness between me and him tyed so firm a knot of my conceit of his virtues, now broken by a discovery of his imperfections. I protest, did I serve a king that I knew would be displeased with me for speaking, in this case I would speak, whatever came of it; but seeing he is compacted of piety and justice, and one that will not mislike of any man for speaking the truth, I will answer your question. Sir Walter Raleigh was staid by me at Windsor, upon the first news of Copley, that the king's person should be surprized by my lord Grey, and Mr. Geo. Brook; when I found Brook was in, I suspected Cobham, then I doubted Raleigh to be a partaker. I speak not this, that it should be thought I had greater judgment than the rest of my lords in making this haste to have them examined. Raleigh following to Windsor, I met with him upon the Terrace and willed him, as from the king, to stay; saying the lords had something to say to him; then he was examined, but not concerning my lord Cobham but of the surprizing treason. My lord Grey was apprehended, likewise Brook; by Brook, we found that he had given notice to Cobham of the surprizing treason, as he delivered it to us; but with as much sparingness of a brother as he might. We sent formy lord Cobham to Richmond, where he stood upon his justification and his quality; sometimes being froward; he said he was not bound to subscribe, wherewith we made the king acquainted. Cobham said, if my Lord Chief-Justice would say it was a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a light given to Aremberg, that Lawrency was examined; but that Raleigh knew that Cobham was examined is more than I know.Raleigh—If my lord Cobham had trusted me in the Main, was not I as fit a man to be trusted in the Bye?Lord Cecil—Raleigh did by his Letters acquaint us that my lord Cobham had sent Lawrency to Aremberg, when he knew not he had any dealings with him.Lord H. Howard—It made for you if Lawrency had been only acquainted with Cobham, and not with you. But you knew his whole estate, and were acquainted with Cobham's practice with Lawrency: and it was known to you before that Lawrency depended upon Aremberg.Attorney—1. Raleigh protested against the surprizing treason. 2. That he knew not of the matter touching Arabella. I would not charge you, sir Walter, with the matter of falsehood: you say you suspected the Intelligence that Cobham had with Aremberg by Lawrency.Raleigh—I thought it had been no other intelligence, but such as might be warranted.Attorney—Then it was but lawful suspicion. But to that whereas you said, that Cobham had accused you in passion, I answer three ways. 1. I observed, when Cobham said let me see the letter again, he paused; and when he did see that count Arembergwas touched, he cried out, oh traitor! oh villain! now will I confess the whole truth. 2. The accusation of a man on hearsay is nothing: would he accuse himself on passion and ruinate his case and posterity out of malice to accuse you? 3. Could this be out of passion? Mark the manner of it; Cobham had told this at least two months before to his brother Brook, 'You are fools, you are on the Bye, Raleigh and I are on the Main, we mean to take away the king and his cubs.' This he delivered two months before. So mark the manner and the matter; he would not turn the weapon against his own bosom, and accuse himself to accuse you.Raleigh—Hath Cobham confessed that?Lord Chief-Justice—This is spoken by Mr. Attorney to prove that Cobham's speech came not out of passion.Raleigh—Let it be proved that Cobham said so.Attorney—Cobham saith that he was a long time doubtful of Raleigh that he would send him and the money to the king. Did Cobham fear lest you would betray him in Jersey? Then of necessity there must be trust between you. No man can betray a man but he that is trusted, in my understanding. That is the greatest argument to prove that he was acquainted with Cobham's proceedings. Raleigh has a deeper reach, than to make himself as he said, 'Robin Hood, a Kett, or Cade'; yet I never heard that Robin Hood was a traitor; they say he was an outlaw. And whereas he saith that our king is not only more wealthy and potent than his predecessors, but also more politic and wise, so that he could have no hope to prevail; I answer, There is no king so potent, wise, and active, but he may be overtaken throughtreason. Whereas you say Spain is so poor, discoursing so largely thereof; it had been better for you to have kept in Guiana, than to have been so well acquainted with the state of Spain. Besides, if you could have brought Spain and Scotland to have joined, you might have hoped to prevail a great deal the better. For his six Overthrows, I answer, he hath the more malice, because repulses breed desire of revenge. Then you say you never talked with Cobham, but about leases, and letting lands, and ordering his house; I never knew you Clerk of the Kitchen, etc. If you had fallen on your knees at first and confessed the Treason, it had been better for you. You say, He meant to have given me a Cabinet of £30; perhaps he thought by those means to have anticipated me therewith. But you say all these are Circumstances: I answer, all this Accusation in Circumstance is true. Here now I might appeal to my lords, that you take hold of this, that he subscribed not to the Accusation.Lord Henry Howard—Cobham was not then pressed to subscribe.Attorney—His Accusation being testified by the lords, is of as great force as if he had subscribed. Raleigh saith again, If the Accuser be alive he must be brought face to face to speak; and alledges 25 Edw. 3rd, that there must be two sufficient Witnesses, that must be brought face to face before the accused; and alledgeth 12 and 13 Elizabeth.Raleigh—You try me by the Spanish Inquisition, if you proceed only by the Circumstances, without two Witnesses.Attorney—This is a treasonable speech.Raleigh—Evertere Hominem justum in causa suainjustum est.Good my lords, let it be proved, either by the laws of the land, or the laws of God, that there ought not to be two Witnesses appointed; yet I will not stand to defend this point in law, if the king will have it so: it is no rare thing for a man to be falsely accused. A Judge condemned a woman in Sarum for killing her husband, on the testimony of one Witness; afterwards his man confessed the Murder, when she was executed; who after being touched in conscience for the Judgment was used to say:Quod nunquam de hoc facto animam in vita sua purgaret. It is also commanded by the Scripture;Allocutus est Jehova Mosen, in Ore duorum aut trium Testium, etc. If Christ requireth it, as it appeareth Matt. xviii.; if by the Canon, Civil Law, and God's Word, it be required, that there must be two Witnesses at the least, bear with me if I desire one. I would not desire to live, if I were privy to Cobham's proceedings. I have been a slave, a villain, a fool, if I had endeavoured to set up Arabella, and refused so gracious a lord and sovereign. But urge your proofs.Lord Chief-Justice—You have offered Questions on diverse Statutes, all which mention two accusers in case of Indictments: you have deceived yourself, for the laws of 25 Edw. 3rd and 5 Edw. 6th are repealed. It sufficeth now if there be proofs made either under hand, or by testimony of Witnesses, or by oaths; it needs not the Subscription of the party, so there be hands of credible men to testify the Examination.Raleigh—It may be an error in me; and if those laws be repealed, yet I hope the equity of them remains still; but if you affirm it, it must be a law to posterity. The Proof of the Common Law is bywitness and jury: let Cobham be here, let him speak it. Call my accuser before my face, and I have done.Attorney—Scientia sceleris est mera ignorantia.You have read the letter of the law, but understand it not. Here was your anchor-hold, and your rendezvous: you trust to Cobham, either Cobham must accuse you, or nobody; if he did, then it would not hurt you, because he is but one Witness; if he did not, then you are safe.Raleigh—If ever I read a word of the law or statutes before I was Prisoner in the Tower, God confound me.
The lord Cobham being required to subscribe to an Examination, there was shewed a Note undersir Walter Raleigh's hand; the which when he had perused, he paused, and after brake forth into those Speeches: Oh Villain! oh Traitor! I will now tell you all the truth; and then he said, His purpose was to go into Flanders, and into Spain, for the obtaining the aforesaid Money; and that Raleigh had appointed to meet him in Jersey as he returned home, to be advised of him about the distribution of the Money.
Lord Chief-Justice Popham—When Cobham answered to the Interrogatories, he made scruple to subscribe, and being urged to it, he said, if he might hear me affirm, that if a person of his degree ought to set his hand he would: I lying then at Richmond for fear of the plague was sent for, and I told he ought to subscribe; otherwise it were a Contempt of a high nature: then he subscribed. The lords questioned with him further, and he shewed them a letter, as I thought written to me, but it was indeed written to my lord Cecil; he desired to see the Letter again, and then said, 'Oh wretch! oh traitor!' whereby I perceived you had not performed that trust he had reposed in you.
Raleigh—He is as passionate a man as lives; for he hath not spared the best friends he hath in England in his passion. My lords, I take it, he that has been examined, has ever been asked at the time of his Examination, if it be according to his meaning, and then to subscribe. Methinks, my lords, when he accuses a man, he should give some account and reason of it: it is not sufficient to say we talked of it. If I had been the plotter, would not I have given Cobham some arguments, whereby to persuade the king of Spain, and answer his objections? I knewWestmoreland and Bothwell, men of other understandings than Cobham, were ready to beg their bread.
Sir Thos. Fowler(one of the Jury)—Did sir Walter Raleigh write a letter to my lord before he was examined concerning him or not?
Attorney—Yes.
Lord Cecil—I am in great dispute with myself to speak in the case of this gentleman; a former dearness between me and him tyed so firm a knot of my conceit of his virtues, now broken by a discovery of his imperfections. I protest, did I serve a king that I knew would be displeased with me for speaking, in this case I would speak, whatever came of it; but seeing he is compacted of piety and justice, and one that will not mislike of any man for speaking the truth, I will answer your question. Sir Walter Raleigh was staid by me at Windsor, upon the first news of Copley, that the king's person should be surprized by my lord Grey, and Mr. Geo. Brook; when I found Brook was in, I suspected Cobham, then I doubted Raleigh to be a partaker. I speak not this, that it should be thought I had greater judgment than the rest of my lords in making this haste to have them examined. Raleigh following to Windsor, I met with him upon the Terrace and willed him, as from the king, to stay; saying the lords had something to say to him; then he was examined, but not concerning my lord Cobham but of the surprizing treason. My lord Grey was apprehended, likewise Brook; by Brook, we found that he had given notice to Cobham of the surprizing treason, as he delivered it to us; but with as much sparingness of a brother as he might. We sent formy lord Cobham to Richmond, where he stood upon his justification and his quality; sometimes being froward; he said he was not bound to subscribe, wherewith we made the king acquainted. Cobham said, if my Lord Chief-Justice would say it was a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a light given to Aremberg, that Lawrency was examined; but that Raleigh knew that Cobham was examined is more than I know.
Raleigh—If my lord Cobham had trusted me in the Main, was not I as fit a man to be trusted in the Bye?
Lord Cecil—Raleigh did by his Letters acquaint us that my lord Cobham had sent Lawrency to Aremberg, when he knew not he had any dealings with him.
Lord H. Howard—It made for you if Lawrency had been only acquainted with Cobham, and not with you. But you knew his whole estate, and were acquainted with Cobham's practice with Lawrency: and it was known to you before that Lawrency depended upon Aremberg.
Attorney—1. Raleigh protested against the surprizing treason. 2. That he knew not of the matter touching Arabella. I would not charge you, sir Walter, with the matter of falsehood: you say you suspected the Intelligence that Cobham had with Aremberg by Lawrency.
Raleigh—I thought it had been no other intelligence, but such as might be warranted.
Attorney—Then it was but lawful suspicion. But to that whereas you said, that Cobham had accused you in passion, I answer three ways. 1. I observed, when Cobham said let me see the letter again, he paused; and when he did see that count Arembergwas touched, he cried out, oh traitor! oh villain! now will I confess the whole truth. 2. The accusation of a man on hearsay is nothing: would he accuse himself on passion and ruinate his case and posterity out of malice to accuse you? 3. Could this be out of passion? Mark the manner of it; Cobham had told this at least two months before to his brother Brook, 'You are fools, you are on the Bye, Raleigh and I are on the Main, we mean to take away the king and his cubs.' This he delivered two months before. So mark the manner and the matter; he would not turn the weapon against his own bosom, and accuse himself to accuse you.
Raleigh—Hath Cobham confessed that?
Lord Chief-Justice—This is spoken by Mr. Attorney to prove that Cobham's speech came not out of passion.
Raleigh—Let it be proved that Cobham said so.
Attorney—Cobham saith that he was a long time doubtful of Raleigh that he would send him and the money to the king. Did Cobham fear lest you would betray him in Jersey? Then of necessity there must be trust between you. No man can betray a man but he that is trusted, in my understanding. That is the greatest argument to prove that he was acquainted with Cobham's proceedings. Raleigh has a deeper reach, than to make himself as he said, 'Robin Hood, a Kett, or Cade'; yet I never heard that Robin Hood was a traitor; they say he was an outlaw. And whereas he saith that our king is not only more wealthy and potent than his predecessors, but also more politic and wise, so that he could have no hope to prevail; I answer, There is no king so potent, wise, and active, but he may be overtaken throughtreason. Whereas you say Spain is so poor, discoursing so largely thereof; it had been better for you to have kept in Guiana, than to have been so well acquainted with the state of Spain. Besides, if you could have brought Spain and Scotland to have joined, you might have hoped to prevail a great deal the better. For his six Overthrows, I answer, he hath the more malice, because repulses breed desire of revenge. Then you say you never talked with Cobham, but about leases, and letting lands, and ordering his house; I never knew you Clerk of the Kitchen, etc. If you had fallen on your knees at first and confessed the Treason, it had been better for you. You say, He meant to have given me a Cabinet of £30; perhaps he thought by those means to have anticipated me therewith. But you say all these are Circumstances: I answer, all this Accusation in Circumstance is true. Here now I might appeal to my lords, that you take hold of this, that he subscribed not to the Accusation.
Lord Henry Howard—Cobham was not then pressed to subscribe.
Attorney—His Accusation being testified by the lords, is of as great force as if he had subscribed. Raleigh saith again, If the Accuser be alive he must be brought face to face to speak; and alledges 25 Edw. 3rd, that there must be two sufficient Witnesses, that must be brought face to face before the accused; and alledgeth 12 and 13 Elizabeth.
Raleigh—You try me by the Spanish Inquisition, if you proceed only by the Circumstances, without two Witnesses.
Attorney—This is a treasonable speech.
Raleigh—Evertere Hominem justum in causa suainjustum est.Good my lords, let it be proved, either by the laws of the land, or the laws of God, that there ought not to be two Witnesses appointed; yet I will not stand to defend this point in law, if the king will have it so: it is no rare thing for a man to be falsely accused. A Judge condemned a woman in Sarum for killing her husband, on the testimony of one Witness; afterwards his man confessed the Murder, when she was executed; who after being touched in conscience for the Judgment was used to say:Quod nunquam de hoc facto animam in vita sua purgaret. It is also commanded by the Scripture;Allocutus est Jehova Mosen, in Ore duorum aut trium Testium, etc. If Christ requireth it, as it appeareth Matt. xviii.; if by the Canon, Civil Law, and God's Word, it be required, that there must be two Witnesses at the least, bear with me if I desire one. I would not desire to live, if I were privy to Cobham's proceedings. I have been a slave, a villain, a fool, if I had endeavoured to set up Arabella, and refused so gracious a lord and sovereign. But urge your proofs.
Lord Chief-Justice—You have offered Questions on diverse Statutes, all which mention two accusers in case of Indictments: you have deceived yourself, for the laws of 25 Edw. 3rd and 5 Edw. 6th are repealed. It sufficeth now if there be proofs made either under hand, or by testimony of Witnesses, or by oaths; it needs not the Subscription of the party, so there be hands of credible men to testify the Examination.
Raleigh—It may be an error in me; and if those laws be repealed, yet I hope the equity of them remains still; but if you affirm it, it must be a law to posterity. The Proof of the Common Law is bywitness and jury: let Cobham be here, let him speak it. Call my accuser before my face, and I have done.
Attorney—Scientia sceleris est mera ignorantia.You have read the letter of the law, but understand it not. Here was your anchor-hold, and your rendezvous: you trust to Cobham, either Cobham must accuse you, or nobody; if he did, then it would not hurt you, because he is but one Witness; if he did not, then you are safe.
Raleigh—If ever I read a word of the law or statutes before I was Prisoner in the Tower, God confound me.
The Attorney-General then points out that Cobham confessed that he had a passport to travel, by means of which he intended to go to the Archduke, and then to the King of Spain to raise money, after which Raleigh confessed that he was to have joined him in Jersey on his way home. Cobham had further stated that nothing could be settled as to the distribution of the money they were to receive without Raleigh's concurrence. In reply, Raleigh pointed out that all this depended on Cobham's accusation, which he had never signed or vouched. 'I beseech you, my lords, let Cobham be sent for, charge him on his soul, on his allegiance to the King; if he affirm it, I am guilty.'
Lord Cecil—It is the Accusation of my lord Cobham, it is the Evidence against you: must it not be of force without his subscription? I desire to beresolved by the Judges whether by the law it is not a forcible argument of evidence.Judges—My lord, it is.Raleigh—The king at his coronation is swornIn omnibus Judiciis suis æquitatem, non rigorem legis, observare. By the rigour and cruelty of the law it may be a forcible evidence.Lord Chief-Justice—That is not the rigour of the law, but the justice of the law; else when a man hath made a plain Accusation, by practice he might be brought to retract it again.Raleigh—Oh my lord, you may use equity.Lord Chief-Justice—That is from the king; you are to have justice from us.Lord Anderson—The law is, if the matter be proved to the jury, they must find you guilty; for Cobham's Accusation is not only against you, there are other things sufficient.Lord Cecil—Now that sir Walter Raleigh is satisfied, that Cobham's Subscription is not necessary, I pray you, Mr. Attorney, go on.Raleigh—Good Mr. Attorney, be patient, and give me leave.Lord Cecil—An unnecessary patience is a hindrance; let him go on with his proofs, and then repel them.Raleigh—I would answer particularly.Lord Cecil—If you would have a table and pen and ink, you shall.Then paper and ink was given him. Here the Clerk of the Crown read the Letter, which the lord Cobham did write in July, which was to the effect of his former Examination; further saying, 'I have disclosed all: to accuse any one falsely, were to burden my own conscience.'Attorney—Read Copley's Confession the 8th of June; He saith, He was offered 1000 crowns to be in this action.Here Watson's Additions were read. 'The great mass of Money from the count was impossible,' etc.Brook's Confession read. 'There have Letters passed,' saith he, 'between Cobham and Aremberg, for a great sum of money to assist a second action, for the surprizing of his majesty.'Attorney—It is not possible it was of passion: for it was in talk before three men, being severally examined, who agreed in the sum to be bestowed on discontented persons; That Grey should have 12,000 crowns, and Raleigh should have 8,000, or 10,000 crowns.
Lord Cecil—It is the Accusation of my lord Cobham, it is the Evidence against you: must it not be of force without his subscription? I desire to beresolved by the Judges whether by the law it is not a forcible argument of evidence.
Judges—My lord, it is.
Raleigh—The king at his coronation is swornIn omnibus Judiciis suis æquitatem, non rigorem legis, observare. By the rigour and cruelty of the law it may be a forcible evidence.
Lord Chief-Justice—That is not the rigour of the law, but the justice of the law; else when a man hath made a plain Accusation, by practice he might be brought to retract it again.
Raleigh—Oh my lord, you may use equity.
Lord Chief-Justice—That is from the king; you are to have justice from us.
Lord Anderson—The law is, if the matter be proved to the jury, they must find you guilty; for Cobham's Accusation is not only against you, there are other things sufficient.
Lord Cecil—Now that sir Walter Raleigh is satisfied, that Cobham's Subscription is not necessary, I pray you, Mr. Attorney, go on.
Raleigh—Good Mr. Attorney, be patient, and give me leave.
Lord Cecil—An unnecessary patience is a hindrance; let him go on with his proofs, and then repel them.
Raleigh—I would answer particularly.
Lord Cecil—If you would have a table and pen and ink, you shall.
Then paper and ink was given him. Here the Clerk of the Crown read the Letter, which the lord Cobham did write in July, which was to the effect of his former Examination; further saying, 'I have disclosed all: to accuse any one falsely, were to burden my own conscience.'
Attorney—Read Copley's Confession the 8th of June; He saith, He was offered 1000 crowns to be in this action.
Here Watson's Additions were read. 'The great mass of Money from the count was impossible,' etc.
Brook's Confession read. 'There have Letters passed,' saith he, 'between Cobham and Aremberg, for a great sum of money to assist a second action, for the surprizing of his majesty.'
Attorney—It is not possible it was of passion: for it was in talk before three men, being severally examined, who agreed in the sum to be bestowed on discontented persons; That Grey should have 12,000 crowns, and Raleigh should have 8,000, or 10,000 crowns.
Cobham's Examination, July 18.
If the money might be procured (saith he) then a man may give pensions. Being asked if a pension should not be given to his brother Brook, he denied it not.
If the money might be procured (saith he) then a man may give pensions. Being asked if a pension should not be given to his brother Brook, he denied it not.
Lawrency's Examination.
Within five days after Aremberg arrived, Cobham resorted unto him. That night that Cobham went to Aremberg with Lawrency, Raleigh supped with him.Attorney—Raleigh must have his part of the Money, therefore he is now a traitor. The crown shall never stand one year on the head of the king (my master) if a traitor may not be condemned by Circumstances: for if A tells B and B tells C and C D, etc., you shall never prove treason by two Witnesses.
Within five days after Aremberg arrived, Cobham resorted unto him. That night that Cobham went to Aremberg with Lawrency, Raleigh supped with him.
Attorney—Raleigh must have his part of the Money, therefore he is now a traitor. The crown shall never stand one year on the head of the king (my master) if a traitor may not be condemned by Circumstances: for if A tells B and B tells C and C D, etc., you shall never prove treason by two Witnesses.
Raleigh's Examination was read.
He confesseth Cobham offered him 8,000 crowns, which he was to have for the furtherance of the peace between England and Spain, and that he should have it within three days. To which he said, he gave this answer; When I see the Money, I will tell you more: for I had thought it had been one of his ordinary idle conceits, and therefore made no Account thereof.Raleigh—The Attorney hath made a long narration of Copley, and the Priests, which concerns me nothing, neither know I how Cobham was altered. For he told me if I would agree to further the Peace, he would get me 8,000 crowns. I asked him, Who shall have the rest of the money? He said, I will offer such a nobleman (who was not named) some of the Money. I said, He will not be persuaded by you, and he will extremely hate you for such a motion. Let me be pinched to death with hot irons, if ever I knew there was any intention to bestow the money on discontented persons. I had made a discourse against the peace, and would have printed it; if Cobham changed his mind, if the Priests, if Brook had any such intent, what is that to me? They must answer for it. He offered me the Money before Aremberg came, that is difference of time.Serj. Philips—Raleigh confesseth the matter, but avoideth it by distinguishing of times. You said, it was offered you before the coming of Aremberg, which is false. For you being examined whether you should have such money of Cobham, or not, you said, Yea, and that you should have it within two or three days.Nemo moriturus præsumitur mentiri.Lord Henry Howard—Alledge me any ground orcause, wherefore you gave ear to my lord Cobham for receiving pensions, in matters you had not to deal with.Raleigh—Could I stop my lord Cobham's mouth?Lord Cecil—Sir Walter Raleigh presseth, that my lord Cobham should be brought face to face. If he asks things of favour and grace, they must come only from him that can give them. If we sit here as commissioners, how shall we be satisfied whether he ought to be brought, unless we hear the Judges speak?Lord Chief-Justice—This thing cannot be granted, for then a number of treasons should flourish: the Accuser may be drawn by practice whilst he is in person.Justice Gawdy—The Statute you speak of concerning two Witnesses in case of Treason, is found to be inconvenient, therefore by another law it was taken away.Raleigh—The common trial of England is by Jury and Witnesses.Lord Chief-Justice—No, by examination: if Three conspire a Treason, and they all confess it; here is never a Witness, yet they are condemned.[16]Justice Warburton—I marvel, sir Walter, that you, being of such experience and wit, should stand on this point; for so many horse-stealers may escape, if they may not be condemned without witnesses. If one should rush into the king's Privy Chamber, whilst he is alone, and kill the king (which God forbid), and this man be met coming with his sword all bloody; shall not he be condemned to death? My lord Cobham hath, perhaps, been laboured withal; and to save you,his old friend, it may be that he will deny all that which he hath said.Raleigh—I know not how you conceive the Law.Lord Chief-Justice—Nay, we do not conceive the Law, but we know the Law.Raleigh—The wisdom of the law of God is absolute and perfect:Hæc fac et vives, etc. But now by the Wisdom of the State, the Wisdom of the Law is uncertain. Indeed, where the Accuser is not to be had conveniently, I agree with you; but here my Accuser may; he is alive, and in the house. Susanna had been condemned, if Daniel had not cried out, 'Will you condemn an innocent Israelite, without examination or knowledge of the truth?' Remember it is absolutely the Commandment of God: If a false witness rise up you shall cause him to be brought before the Judges; if he be found false, he shall have the punishment which the accused should have had. It is very sure for my lord to accuse me is my certain danger, and it may be a means to excuse himself.Lord Chief-Justice—There must not such a gap be opened for the destruction of the king, as would be if we should grant this. You plead hard for yourself, but the laws plead as hard for the king. I did never hear that course to be taken in a case of Treason, as to write one to another, or speak one to another, during the time of their imprisonment. There hath been intelligence between you; and what under-hand practices there may be, I know not. If the circumstances agree not with the Evidence, we will not condemn you.Raleigh—The king desires nothing but the knowledge of the truth, and would have no advantage taken by severity of the law. If ever we had a graciousking, now we have; I hope, as he is, such are his ministers. If there be but a trial of five marks at Common Law, a witness must be deposed. Good my lords, let my Accuser come face to face, and be deposed.Lord Chief-Justice—You have no law for it: God forbid any man should accuse himself upon his oath!Attorney—The law presumes, a man will not accuse himself to accuse another. You are an odious man, for Cobham thinks his cause the worse that you are in it. Now you shall hear of some stirs to be raised in Scotland.
He confesseth Cobham offered him 8,000 crowns, which he was to have for the furtherance of the peace between England and Spain, and that he should have it within three days. To which he said, he gave this answer; When I see the Money, I will tell you more: for I had thought it had been one of his ordinary idle conceits, and therefore made no Account thereof.
Raleigh—The Attorney hath made a long narration of Copley, and the Priests, which concerns me nothing, neither know I how Cobham was altered. For he told me if I would agree to further the Peace, he would get me 8,000 crowns. I asked him, Who shall have the rest of the money? He said, I will offer such a nobleman (who was not named) some of the Money. I said, He will not be persuaded by you, and he will extremely hate you for such a motion. Let me be pinched to death with hot irons, if ever I knew there was any intention to bestow the money on discontented persons. I had made a discourse against the peace, and would have printed it; if Cobham changed his mind, if the Priests, if Brook had any such intent, what is that to me? They must answer for it. He offered me the Money before Aremberg came, that is difference of time.
Serj. Philips—Raleigh confesseth the matter, but avoideth it by distinguishing of times. You said, it was offered you before the coming of Aremberg, which is false. For you being examined whether you should have such money of Cobham, or not, you said, Yea, and that you should have it within two or three days.Nemo moriturus præsumitur mentiri.
Lord Henry Howard—Alledge me any ground orcause, wherefore you gave ear to my lord Cobham for receiving pensions, in matters you had not to deal with.
Raleigh—Could I stop my lord Cobham's mouth?
Lord Cecil—Sir Walter Raleigh presseth, that my lord Cobham should be brought face to face. If he asks things of favour and grace, they must come only from him that can give them. If we sit here as commissioners, how shall we be satisfied whether he ought to be brought, unless we hear the Judges speak?
Lord Chief-Justice—This thing cannot be granted, for then a number of treasons should flourish: the Accuser may be drawn by practice whilst he is in person.
Justice Gawdy—The Statute you speak of concerning two Witnesses in case of Treason, is found to be inconvenient, therefore by another law it was taken away.
Raleigh—The common trial of England is by Jury and Witnesses.
Lord Chief-Justice—No, by examination: if Three conspire a Treason, and they all confess it; here is never a Witness, yet they are condemned.[16]
Justice Warburton—I marvel, sir Walter, that you, being of such experience and wit, should stand on this point; for so many horse-stealers may escape, if they may not be condemned without witnesses. If one should rush into the king's Privy Chamber, whilst he is alone, and kill the king (which God forbid), and this man be met coming with his sword all bloody; shall not he be condemned to death? My lord Cobham hath, perhaps, been laboured withal; and to save you,his old friend, it may be that he will deny all that which he hath said.
Raleigh—I know not how you conceive the Law.
Lord Chief-Justice—Nay, we do not conceive the Law, but we know the Law.
Raleigh—The wisdom of the law of God is absolute and perfect:Hæc fac et vives, etc. But now by the Wisdom of the State, the Wisdom of the Law is uncertain. Indeed, where the Accuser is not to be had conveniently, I agree with you; but here my Accuser may; he is alive, and in the house. Susanna had been condemned, if Daniel had not cried out, 'Will you condemn an innocent Israelite, without examination or knowledge of the truth?' Remember it is absolutely the Commandment of God: If a false witness rise up you shall cause him to be brought before the Judges; if he be found false, he shall have the punishment which the accused should have had. It is very sure for my lord to accuse me is my certain danger, and it may be a means to excuse himself.
Lord Chief-Justice—There must not such a gap be opened for the destruction of the king, as would be if we should grant this. You plead hard for yourself, but the laws plead as hard for the king. I did never hear that course to be taken in a case of Treason, as to write one to another, or speak one to another, during the time of their imprisonment. There hath been intelligence between you; and what under-hand practices there may be, I know not. If the circumstances agree not with the Evidence, we will not condemn you.
Raleigh—The king desires nothing but the knowledge of the truth, and would have no advantage taken by severity of the law. If ever we had a graciousking, now we have; I hope, as he is, such are his ministers. If there be but a trial of five marks at Common Law, a witness must be deposed. Good my lords, let my Accuser come face to face, and be deposed.
Lord Chief-Justice—You have no law for it: God forbid any man should accuse himself upon his oath!
Attorney—The law presumes, a man will not accuse himself to accuse another. You are an odious man, for Cobham thinks his cause the worse that you are in it. Now you shall hear of some stirs to be raised in Scotland.
Part of Copley's Examination.
'Also Watson told me, that a special person told him, that Aremberg offered to him 1000 crowns to be in that action; and that Brook said, the stirs in Scotland came out of Raleigh's head.'Raleigh—Brook hath been taught his Lesson.Lord Henry Howard—This examination was taken before. Did I teach him his lesson?Raleigh—I protest before God, I meant it not by any privy-counsellor; but because money is scant, he will juggle on both sides.
'Also Watson told me, that a special person told him, that Aremberg offered to him 1000 crowns to be in that action; and that Brook said, the stirs in Scotland came out of Raleigh's head.'
Raleigh—Brook hath been taught his Lesson.
Lord Henry Howard—This examination was taken before. Did I teach him his lesson?
Raleigh—I protest before God, I meant it not by any privy-counsellor; but because money is scant, he will juggle on both sides.
Raleigh's Examination.
'The way to invade England, were to begin with Stirs in Scotland.'Raleigh—I think so still: I have spoken it to divers of the lords of the Council, by way of discourse and opinion.Attorney—Now let us come to those words, 'of destroying the king and his cubs.'Raleigh—O barbarous! If they, like unnaturalvillains, should use those words, shall I be charged with them? I will not hear it; I was never any Plotter with them against my country, I was never false to the crown of England. I have spent 4000 pounds of my own against the Spanish Faction, for the good of my country. Do you bring the words of these hellish spiders, Clark, Watson, and others against me?Attorney—Thou hast a Spanish heart, and thyself art a Spider of Hell; for thou confesseth the king to be a most sweet and gracious prince, and yet hast conspired against him.
'The way to invade England, were to begin with Stirs in Scotland.'
Raleigh—I think so still: I have spoken it to divers of the lords of the Council, by way of discourse and opinion.
Attorney—Now let us come to those words, 'of destroying the king and his cubs.'
Raleigh—O barbarous! If they, like unnaturalvillains, should use those words, shall I be charged with them? I will not hear it; I was never any Plotter with them against my country, I was never false to the crown of England. I have spent 4000 pounds of my own against the Spanish Faction, for the good of my country. Do you bring the words of these hellish spiders, Clark, Watson, and others against me?
Attorney—Thou hast a Spanish heart, and thyself art a Spider of Hell; for thou confesseth the king to be a most sweet and gracious prince, and yet hast conspired against him.
Watson's Examination read.
'He said, that George Brook told him twice, That his brother, the lord Cobham, said to him, that you are but on the bye, but Raleigh and I are on the main.'
'He said, that George Brook told him twice, That his brother, the lord Cobham, said to him, that you are but on the bye, but Raleigh and I are on the main.'
Brook's Examination read.
'Being asked what was meant by this Jargon, the Bye and the Main? he said, That the lord Cobham told him, that Grey and others were in the Bye, he and Raleigh were on the Main. Being asked, what exposition his brother made of these words? He said, he is loath to repeat it. And after saith, by the Main was meant the taking away of the king and his issue; and thinks on his conscience, it was infused into his brother's head by Raleigh.'
'Being asked what was meant by this Jargon, the Bye and the Main? he said, That the lord Cobham told him, that Grey and others were in the Bye, he and Raleigh were on the Main. Being asked, what exposition his brother made of these words? He said, he is loath to repeat it. And after saith, by the Main was meant the taking away of the king and his issue; and thinks on his conscience, it was infused into his brother's head by Raleigh.'
Cobham's Examination read.
'Being asked, if ever he had said, "It will never be well in England, till the king and his cubs weretaken away"; he said, he had answered before, and that he would answer no more to that point.'Raleigh—I am not named in all this: there is a law of two sorts of Accusers; one of his own knowledge, another by hear-say.Earl of Suffolk—See the Case of Arnold.Lord Chief-Justice—It is the Case of sir Will. Thomas, and sir Nicholas Arnold.Raleigh—If this may be, you will have any man's life in a week.Attorney—Raleigh saith, that Cobham was in a passion when he said so. Would he tell his brother anything of malice against Raleigh, whom he loved as his life?Raleigh—Brook never loved me; until his brother had accused me, he said nothing.Lord Cecil—We have heard nothing that might lead us to think that Brook accused you, he was only in the surprizing Treason: for by accusing you he should accuse his brother.Raleigh—He doth not much care for that.Lord Cecil—I must judge the best. The accusation of his brother was not voluntary; he pared everything as much as he could to save his brother.
'Being asked, if ever he had said, "It will never be well in England, till the king and his cubs weretaken away"; he said, he had answered before, and that he would answer no more to that point.'
Raleigh—I am not named in all this: there is a law of two sorts of Accusers; one of his own knowledge, another by hear-say.
Earl of Suffolk—See the Case of Arnold.
Lord Chief-Justice—It is the Case of sir Will. Thomas, and sir Nicholas Arnold.
Raleigh—If this may be, you will have any man's life in a week.
Attorney—Raleigh saith, that Cobham was in a passion when he said so. Would he tell his brother anything of malice against Raleigh, whom he loved as his life?
Raleigh—Brook never loved me; until his brother had accused me, he said nothing.
Lord Cecil—We have heard nothing that might lead us to think that Brook accused you, he was only in the surprizing Treason: for by accusing you he should accuse his brother.
Raleigh—He doth not much care for that.
Lord Cecil—I must judge the best. The accusation of his brother was not voluntary; he pared everything as much as he could to save his brother.
Cobham's Examination read.
'He saith he had a Book written against the Title of the King, which he had of Raleigh, and that he gave it to his brother Brook: and Raleigh said it was foolishly written.'Attorney—After the king came within 12 miles of London, Cobham never came to see him; and intended to travel without seeing the queen and theprince. Now in this discontentment you gave him the Book, and he gave it his brother.Raleigh—I never gave it him, he took it off my table. For I well remember a little before that time I received a Challenge from sir Amias Preston,[17]and for that I did intend to answer it, I resolved to leave my estate settled, therefore I laid out all my loose papers, amongst which was this Book.Lord Howard—Where had you this Book?Raleigh—In the old Lord Treasurer's Study, after his death.Lord Cecil—Did you ever shew or make known this Book to me?Raleigh—No, my lord.Lord Cecil—Was it one of the books which was left to me or my brother?Raleigh—I took it out of the study in my Lord Treasurer's house in the Strand.Lord Cecil—After my father's decease, sir Walter Raleigh desired to search for some Cosmographical descriptions of the Indies, which he thought were in his Study, and were not to be had in print; which I granted, and would have trusted sir Walter Raleigh as soon as any man: though since for some infirmities, the bands of my affection to him have been broken; and yet reserving my duty to the king my master, which I can by no means dispense with, by God, Ilove him, and have a great conflict within myself: but I must needs say, sir Walter used me a little unkindly to take the Book away without my knowledge: nevertheless, I need make no apology in behalf of my father, considering how useful and necessary it is for privy-counsellors and those in his place to intercept and keep such kind of writings; for whosoever should then search his study may in all likelihood find all the notorious Libels that were writ against the late queen; and whosoever should rummage my Study, or at least my Cabinet, may find several against the king, our Sovereign Lord, since his accession to the throne.Raleigh—The Book was in Manuscript, and the late Lord Treasurer had wrote in the beginning of it with his own Hand, these words, 'This is the Book of Robert Snagg.' And I do own, as my lord Cecil has said, that I believe they may also find in my house almost all the Libels that have been writ against the late queen.Attorney—You were no privy-counsellor, and I hope never shall be.Lord Cecil—He was not a sworn counsellor of state, but he has been called to consultations.Raleigh—I think it a very severe interpretation of the law, to bring me within compass of Treason for this Book, writ so long ago, of which nobody had read any more than the Heads of the Chapters, and which was burnt by G. Brook without my privity; admitting I had delivered the same to my lord Cobham, without allowing or approving, but discommending it, according to Cobham's first Accusation: and put the case, I should come to my lord Cecil, as I have often done, and find a stranger with him,with a packet of Libels, and my lord should let me have one or two of them to peruse: this I hope is no Treason.Attorney—I observe there was intelligence between you and Cobham in the Tower; for after he said it was against the king's Title, he denied it again.Sir W. Wade—First my lord Cobham confesseth it, and after he had subscribed it, he revoked it again: to me he always said, that the drift of it was against the king's Title.Raleigh—I protest before God, and all his works, I gave him not the Book.(Note.—Sir Robert Wroth speaketh, or whispereth something secretly.)Attorney—My lords, I must complain of Sir Robert Wroth; he says this Evidence is not material.Sir R. Wroth—I never spake the words.Attorney—Let Mr. Serjeant Philips testify whether he heard him say the word or no.Lord Cecil—I will give my word for sir R. Wroth.Sir R. Wroth—I will speak as truly as you, Mr. Attorney, for my God, I never spake it.Lord Chief-Justice—Wherefore should this Book be burnt?Raleigh—I burned it not.Serjeant Philips—You presented your friend with it when he was discontented. If it had been before the queen's death, it had been a less matter; but you gave it him presently when he came from the king, which was the time of his discontentment.Raleigh—Here is a Book supposed to be treasonable; I never read it, commended it, or delivered it, nor urged it.Attorney—Why, this is cunning.Raleigh—Every thing that doth make for me is cunning, and every thing that maketh against me is probable.Attorney—Lord Cobham saith, that Kemish came to him with a letter torn, and did wish him not to be dismayed, for one witness could not hurt him.Raleigh—This poor man hath been close prisoner these 18 weeks; he was offered the rack to make him confess. I never sent any such message by him; I only writ to him, to tell him what I had done with Mr. Attorney; having of his at that time a great pearl and a diamond.Lord H. Howard—No circumstance moveth me more than this. Kemish was never on the rack, the king gave charge that no rigour should be used.Commissioners—We protest before God, there was no such matter intended to our knowledge.Raleigh—Was not the Keeper of the Rack sent for, and he threatened with it?Sir W. Wade—When Mr. Solicitor and myself examined Kemish, we told him he deserved the Rack, but did not threaten him with it.Commissioners—It was more than we knew.
'He saith he had a Book written against the Title of the King, which he had of Raleigh, and that he gave it to his brother Brook: and Raleigh said it was foolishly written.'
Attorney—After the king came within 12 miles of London, Cobham never came to see him; and intended to travel without seeing the queen and theprince. Now in this discontentment you gave him the Book, and he gave it his brother.
Raleigh—I never gave it him, he took it off my table. For I well remember a little before that time I received a Challenge from sir Amias Preston,[17]and for that I did intend to answer it, I resolved to leave my estate settled, therefore I laid out all my loose papers, amongst which was this Book.
Lord Howard—Where had you this Book?
Raleigh—In the old Lord Treasurer's Study, after his death.
Lord Cecil—Did you ever shew or make known this Book to me?
Raleigh—No, my lord.
Lord Cecil—Was it one of the books which was left to me or my brother?
Raleigh—I took it out of the study in my Lord Treasurer's house in the Strand.
Lord Cecil—After my father's decease, sir Walter Raleigh desired to search for some Cosmographical descriptions of the Indies, which he thought were in his Study, and were not to be had in print; which I granted, and would have trusted sir Walter Raleigh as soon as any man: though since for some infirmities, the bands of my affection to him have been broken; and yet reserving my duty to the king my master, which I can by no means dispense with, by God, Ilove him, and have a great conflict within myself: but I must needs say, sir Walter used me a little unkindly to take the Book away without my knowledge: nevertheless, I need make no apology in behalf of my father, considering how useful and necessary it is for privy-counsellors and those in his place to intercept and keep such kind of writings; for whosoever should then search his study may in all likelihood find all the notorious Libels that were writ against the late queen; and whosoever should rummage my Study, or at least my Cabinet, may find several against the king, our Sovereign Lord, since his accession to the throne.
Raleigh—The Book was in Manuscript, and the late Lord Treasurer had wrote in the beginning of it with his own Hand, these words, 'This is the Book of Robert Snagg.' And I do own, as my lord Cecil has said, that I believe they may also find in my house almost all the Libels that have been writ against the late queen.
Attorney—You were no privy-counsellor, and I hope never shall be.
Lord Cecil—He was not a sworn counsellor of state, but he has been called to consultations.
Raleigh—I think it a very severe interpretation of the law, to bring me within compass of Treason for this Book, writ so long ago, of which nobody had read any more than the Heads of the Chapters, and which was burnt by G. Brook without my privity; admitting I had delivered the same to my lord Cobham, without allowing or approving, but discommending it, according to Cobham's first Accusation: and put the case, I should come to my lord Cecil, as I have often done, and find a stranger with him,with a packet of Libels, and my lord should let me have one or two of them to peruse: this I hope is no Treason.
Attorney—I observe there was intelligence between you and Cobham in the Tower; for after he said it was against the king's Title, he denied it again.
Sir W. Wade—First my lord Cobham confesseth it, and after he had subscribed it, he revoked it again: to me he always said, that the drift of it was against the king's Title.
Raleigh—I protest before God, and all his works, I gave him not the Book.
(Note.—Sir Robert Wroth speaketh, or whispereth something secretly.)
Attorney—My lords, I must complain of Sir Robert Wroth; he says this Evidence is not material.
Sir R. Wroth—I never spake the words.
Attorney—Let Mr. Serjeant Philips testify whether he heard him say the word or no.
Lord Cecil—I will give my word for sir R. Wroth.
Sir R. Wroth—I will speak as truly as you, Mr. Attorney, for my God, I never spake it.
Lord Chief-Justice—Wherefore should this Book be burnt?
Raleigh—I burned it not.
Serjeant Philips—You presented your friend with it when he was discontented. If it had been before the queen's death, it had been a less matter; but you gave it him presently when he came from the king, which was the time of his discontentment.
Raleigh—Here is a Book supposed to be treasonable; I never read it, commended it, or delivered it, nor urged it.
Attorney—Why, this is cunning.
Raleigh—Every thing that doth make for me is cunning, and every thing that maketh against me is probable.
Attorney—Lord Cobham saith, that Kemish came to him with a letter torn, and did wish him not to be dismayed, for one witness could not hurt him.
Raleigh—This poor man hath been close prisoner these 18 weeks; he was offered the rack to make him confess. I never sent any such message by him; I only writ to him, to tell him what I had done with Mr. Attorney; having of his at that time a great pearl and a diamond.
Lord H. Howard—No circumstance moveth me more than this. Kemish was never on the rack, the king gave charge that no rigour should be used.
Commissioners—We protest before God, there was no such matter intended to our knowledge.
Raleigh—Was not the Keeper of the Rack sent for, and he threatened with it?
Sir W. Wade—When Mr. Solicitor and myself examined Kemish, we told him he deserved the Rack, but did not threaten him with it.
Commissioners—It was more than we knew.
Cobham's Examination read.
He saith, Kemish brought him a Letter from Raleigh, and that part which was concerning the Lords of the Council was rent out; the Letter contained that he was examined, and cleared himself of all; and that the lord H. Howard said, because he was discontent, he was fit to be in the action. And further, that Kemish said to him from Raleigh that he should be of good comfort, for one witness could not condemn a man for treason.Lord Cecil—Cobham was asked whether, and when, he heard from you? He said, every day.Raleigh—Kemish added more, I never bade him speak those words.(Note.—Mr. Attorney here offered to interrupt him.)Lord Cecil—It is his last discourse; give him leave Mr. Attorney.Raleigh—I am accused concerning Arabella, concerning Money out of Spain. My Lord Chief-Justice saith, a man may be condemned with one witness, yea, without any witness. Cobham is guilty of many things,Conscientia mille testes; he hath accused himself, what can he hope for but mercy? My lords, vouchsafe me this grace: Let him be brought, being alive, and in the house; let him avouch any of these things, I will confess the whole indictment and renounce the king's mercy.Lord Cecil—Here hath been a touch of the lady Arabella Stuart, a near kinswoman of the king's. Let us not scandal the innocent by confusion of speech: she is as innocent of all these things as I, or any man here; only she received a Letter from my lord Cobham, to prepare her; which she laughed at, and immediately sent it to the king. So far was she from discontentment, that she laughed him to scorn. But you see how far the count of Aremberg did consent.The lord Admiral (Nottingham) being by in a Standing, with the lady Arabella, spake to the court: The lady doth here protest upon her salvation, that she never dealt in any of these things, and so she willed me to tell the court.Lord Cecil—The lord Cobham wrote to my lady Arabella, to know if he might come to speak withher, and gave her to understand, that there were some about the king that laboured to disgrace her; she doubted it was but a trick. But Brook saith his brother moved him to procure Arabella to write Letters to the king of Spain; but he saith, he never did it.Raleigh—The lord Cobham hath accused me, you see in what manner he hath forsworn it Were it not for his Accusation, all this were nothing. Let him be asked, if I knew of the letter which Lawrency brought to him from Aremberg. Let me speak for my life, it can be no hurt for him to be brought; he dares not accuse me. If you grant me not this favour, I am strangely used; Campian[18]was not denied to have his accusers face to face.Lord Chief-Justice—Since he must needs have justice, the acquitting of his old friend may move him to speak otherwise than the truth.Raleigh—If I had been the infuser of all these Treasons into him; you gentlemen of the jury, mark this, he said I have been the cause of all his miseries, and the destruction of his house, and that all evil hath happened unto him by my wicked counsel; if this be true, whom hath he cause to accuse and to be revenged on, but on me? and I know him to be as revengeful as any man on earth.Attorney—He is a party, and may not come; the law is against it.Raleigh—It is a toy to tell me of law; I defy such law, I stand on the fact.Lord Cecil—I am afraid my often speaking (who am inferior to my lords here present) will make the world think that I delight to hear myself talk. My affection to you, sir Walter, was not extinguished, but slaked in regard to your deserts. You know the law of the realm (to which your mind doth not contest) that my lord Cobham cannot be brought.Raleigh—He may be, my lord.Lord Cecil—But dare you challenge it?Raleigh—No.Lord Cecil—You say that my lord Cobham, yourmain accuser, must come to accuse you. You say he hath retracted: I say, many particulars are not retracted. What the validity of all this is, is merely left to the jury. Let me ask you this, If my lord Cobham will say you were the only instigator of him to proceed in the treason, dare you put yourself on this?Raleigh—If he will speak it before God and the king, that ever I knew of Arabella's matter or the money out of Spain, or of the surprizing treason; I put myself on it, God's will and the king's be done with me.Lord H. Howard—How! If he speak things equivalent to that you have said?Raleigh—Yes, in the main point.Lord Cecil—If he say, you have been the instigator of him to deal with the Spanish king, had not the Council cause to draw you hither?Raleigh—I put myself on it.Lord Cecil—Then, sir Walter, call upon God and prepare yourself; for I do verily believe that my lords will prove this. Excepting your faults (I call them no worse), by God I am your friend. The heat and passion in you, and the Attorney's zeal in the king's service, make me speak this.Raleigh—Whosoever is the workman, it is reason he should give an account of his work to his workmaster. But let it be proved that he acquainted me with any of his conferences with Aremberg: he would surely have given me some account.Lord Cecil—That follows not: if I set you on work, and you give me no account, am I therefore innocent?Attorney—For the lady Arabella, I said she wasnever acquainted with the matter. Now that Raleigh had conference in all these treasons, it is manifest. The jury hath heard the matter. There is one Dyer, a pilot, that being in Lisbon met with a Portugal gentleman, who asked him if the king of England was crowned yet: to whom he answered, 'I think not yet, but he shall be shortly.' Nay, saith the Portugal, that shall never be, for his throat will be cut by Don Raleigh and Don Cobham before he be crowned.Dyerwas called and sworn, and delivered this evidence.Dyer—I came to a merchant's house in Lisbon, to see a boy that I had there; there came a gentleman into the house, and enquiring what countryman I was, I said, an Englishman. Whereupon he asked me, if the king was crowned? And I answered, No, but that I hoped he should be shortly. Nay, saith he, he shall never be crowned; for Don Raleigh and Don Cobham shall cut his throat ere that day come.Raleigh—What infer you upon this?Attorney—That your treason hath wings.Raleigh—If Cobham did practice with Aremberg, how could it not but be known in Spain? Why did they name the Duke of Buckingham with Jack Straw's treason, and the Duke of York with Jack Cade, but that it was to countenance his treason? Consider, you Gentlemen of the Jury, there is no cause so doubtful which the king's council cannot make good against the law. Consider my disability and their ability; they prove nothing against me, only they bring the accusation of my lord Cobham which he hath repented and lamented as heartily, as if it had been for an horrible murder: for he knewthat all this sorrow that should come to me, is by his means. Presumptions must proceed from precedent or subsequent facts. I have spent 40,000 crowns against the Spaniards. I had not purchased £40 a year. If I had died in Guiana, I had not left 300 marks a year to my wife and son. I that have always condemned Spanish faction, methinks it is a strange thing that now I should affect it! Remember what St. Austin says,Sic judicate tanquam ab alio mox judicandi; unus judex, unum tribunal. If you will be contented on presumptions to be delivered up to be slaughtered, to have your wives and children turned into the streets to beg their bread; if you will be contented to be so judged, judge so of me.Serj. Philips—I hope to make this so clear, as that the wit of man shall have no colour to answer it. The matter is treason in the highest degree, the end to deprive the king of his crown. The particular treasons are these: first, to raise up rebellion, and to effect that, to procure money; to raise up tumults in Scotland, by divulging a treasonable Book against the king's right to the crown; the purpose, to take away the life of his majesty and his issue. My lord Cobham confesseth sir Walter to be guilty of all these treasons. The question is, whether he be guilty as joining with him, or instigating of him? The course to prove this was by my lord Cobham's accusation. If that be true, he is guilty, if not he is clear. So whether Cobham say true, or Raleigh, that is the question. Raleigh hath no answer but the shadow of as much wit as the wit of man can devise. He useth his bare denial; the denial of a defendant must not move the jury. In the Star Chamber, or in the Chancery, for matter of title, if the defendant be called in question, his denial onhis oath is no evidence to the court to clear him, he doth itin propria causa; therefore much less in matters of treason. Cobham's testification against him before them, and since, hath been largely discoursed.Raleigh—If truth be constant, and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct proofs, but all by circumstances.Attorney—Have you done? The king must have the last.Raleigh—Nay, Mr. Attorney, he which speaketh for his life, must speak last. False repetitions and mistakings must not mar my cause. You should speaksecundum allegata et probata. I appeal to God and the king in this point whether Cobham's accusation is sufficient to condemn me.Attorney—The king's safety and your clearing cannot agree. I protest before God, I never knew a clearer treason.Raleigh—I never had intelligence with Cobham since I came to the Tower.Attorney—Go to, I will lay thee upon thy back, for the confidentest traitor that ever came at a bar. Why should you take 8,000 crowns for a peace?Lord Cecil—Be not so impatient, good Mr. Attorney. Give him leave to speak.Attorney—If I may not be patiently heard, you will encourage traitors and discourage us. I am the king's sworn servant, and must speak; if he be guilty, he is a traitor; if not, deliver him.(Note.—Here Mr. Attorney sat down in a chafe and would speak no more until the commissioners urged and intreated him. After much ado, he went on, and made a long repetition of all the evidence for thedirection of the jury; and at the repeating of some things, sir Walter Raleigh interrupted him and said he did him wrong.)Attorney—Thou art the most vile and execrable traitor that ever lived.Raleigh—You speak indiscreetly, barbarously, and uncivilly.Attorney—I want words sufficient to express thy viperous treasons.Raleigh—I think you want words indeed, for you have spoken one thing half a dozen times.Attorney—Thou art an odious fellow, thy name is hateful to all the realm of England for thy pride.Raleigh—It will go near to prove a measuring cast between you and me, Mr. Attorney.Attorney—Well, I will now make it appear to the world that there never lived a viler viper upon the face of the earth than thou.—And there withal he drew a letter out of his pocket saying further—My lords, you shall see this is an agent that hath writ a treatise against the Spaniard, and hath ever so detested him; this is he that hath spent so much money against him in service; and yet you shall all see whether his heart be not wholly Spanish. The lord Cobham, who of his own nature was a good and honourable gentleman, till overtaken by this wretch now finding his conscience heavily burdened with some courses which the subtlety of this traitor had drawn him into, my lords, he could be at no rest with himself, nor quiet in his thoughts, until he was eased of that heavy weight: out of which passion of his mind and discharge of his duty to his prince and his conscience to God, taking it upon his salvation that he wrote nothing but the truth, with his own hands he wrote this letter. Nowsir, you shall see whether you had intelligence with Cobham within four days before he came to the Tower. If he be wholly Spanish, that desired a pension of £1500 a year from Spain, that Spain by him might have intelligence, then Raleigh is a traitor: he hath taken an apple and pinned a letter into it and threw it into my lord Cobham's window, the contents whereof were this, 'It is doubtful whether we shall be proceeded with or no, perhaps you shall not be tried.' This was to get a retractation. Oh! it was Adam's apple whereby the devil did deceive him. Further he wrote thus, 'Do not as my lord of Essex did; take heed of a preacher, for by his persuasion he confessed and made himself guilty.'[19]I doubt not but this day God shall have as great a conquest by this traitor, and the Son of God shall be as much glorified as when it was saidVicisti Galilæe; you know my meaning. What though Cobham retracted, yet he could not rest or sleep until he had confirmed it again. If this be not enough toprove him a traitor, the king my master shall not live three years to an end.(Note.—Here Mr. Attorney produced the lord Cobham's letter, and as he read it, inserted some speeches.)'I have thought fit to set down this to my lords, wherein I protest on my soul to write nothing but the truth. I am now come near the period of my time, therefore I confess the whole truth before God and his angels. Raleigh, four days before I came from the Tower, caused an apple' (Eve's apple) 'to be thrown in at my chamber window; the effect of it was, to intreat me to right the wrong that I had done him, in saying, "that I should have come home by Jersey"; which under my hand to him I have retracted. His first Letter I answered not, which was thrown in the same manner; wherein he prayed me to write him a Letter, which I did. He sent me word, that the Judges met at Mr. Attorney's house, and that there was good hope the proceedings against us should be stayed: he sent me another time a little tobacco. At Aremberg's coming, Raleigh was to have procured a pension of £1500 a year, for which he promised, that no action should be against Spain, the Low Countries, or the Indies, but he would give knowledge beforehand. He told me, the States had audience with the king.'—(Attorney.'Ah! is not this a Spanish heart in an English body?') 'He hath been the original cause of my ruin; for I had no dealing with Aremberg, but by his instigation. He hath also been the cause of my discontentment; he advised me, not to be overtaken by preachers, as Essex was; and that the king would better allow of a constant denial, than to accuse any.'Attorney—Oh, damnable atheist! He hathlearned some Text of Scripture to serve his own purpose, but falsely alledged. He counsels him not to be counselled by preachers, as Essex was: He died the child of God, God honoured him at his death; thou wast by when he died:Et lupus et turpes instant morientibus Ursæ. He died indeed for his offence. The king himself spake these words: 'He that shall say, Essex dies not for Treason, is punishable.'Raleigh—You have heard a strange tale of a strange man. Now he thinks, he hath matter enough to destroy me; but the king and all of you shall witness, by our deaths, which of us was the ruin of the other. I bid a poor fellow throw in the Letter at his window, written to this purpose; 'You know you have undone me, now write three lines to justify me.' In this I will die, that he hath done me wrong: Why did not he acquaint him with my dispositions?Lord Chief-Justice—But what say you now of the Letter, and the Pension of £1500 per annum?Raleigh—I say, that Cobham is a base, dishonourable, poor soul.Attorney—Is he base? I return it into thy throat on his behalf: but for thee he had been a good subject.Lord Chief-Justice—I perceive you are not so clear a man, as you have protested all this while; for you should have discovered these matters to the king.(Note.—Here Raleigh pulled a Letter out of his pocket, which the lord Cobham had written to him, and desired my lord Cecil to read it, because he only knew his hand; the effect of it was as follows:)
He saith, Kemish brought him a Letter from Raleigh, and that part which was concerning the Lords of the Council was rent out; the Letter contained that he was examined, and cleared himself of all; and that the lord H. Howard said, because he was discontent, he was fit to be in the action. And further, that Kemish said to him from Raleigh that he should be of good comfort, for one witness could not condemn a man for treason.
Lord Cecil—Cobham was asked whether, and when, he heard from you? He said, every day.
Raleigh—Kemish added more, I never bade him speak those words.
(Note.—Mr. Attorney here offered to interrupt him.)
Lord Cecil—It is his last discourse; give him leave Mr. Attorney.
Raleigh—I am accused concerning Arabella, concerning Money out of Spain. My Lord Chief-Justice saith, a man may be condemned with one witness, yea, without any witness. Cobham is guilty of many things,Conscientia mille testes; he hath accused himself, what can he hope for but mercy? My lords, vouchsafe me this grace: Let him be brought, being alive, and in the house; let him avouch any of these things, I will confess the whole indictment and renounce the king's mercy.
Lord Cecil—Here hath been a touch of the lady Arabella Stuart, a near kinswoman of the king's. Let us not scandal the innocent by confusion of speech: she is as innocent of all these things as I, or any man here; only she received a Letter from my lord Cobham, to prepare her; which she laughed at, and immediately sent it to the king. So far was she from discontentment, that she laughed him to scorn. But you see how far the count of Aremberg did consent.
The lord Admiral (Nottingham) being by in a Standing, with the lady Arabella, spake to the court: The lady doth here protest upon her salvation, that she never dealt in any of these things, and so she willed me to tell the court.
Lord Cecil—The lord Cobham wrote to my lady Arabella, to know if he might come to speak withher, and gave her to understand, that there were some about the king that laboured to disgrace her; she doubted it was but a trick. But Brook saith his brother moved him to procure Arabella to write Letters to the king of Spain; but he saith, he never did it.
Raleigh—The lord Cobham hath accused me, you see in what manner he hath forsworn it Were it not for his Accusation, all this were nothing. Let him be asked, if I knew of the letter which Lawrency brought to him from Aremberg. Let me speak for my life, it can be no hurt for him to be brought; he dares not accuse me. If you grant me not this favour, I am strangely used; Campian[18]was not denied to have his accusers face to face.
Lord Chief-Justice—Since he must needs have justice, the acquitting of his old friend may move him to speak otherwise than the truth.
Raleigh—If I had been the infuser of all these Treasons into him; you gentlemen of the jury, mark this, he said I have been the cause of all his miseries, and the destruction of his house, and that all evil hath happened unto him by my wicked counsel; if this be true, whom hath he cause to accuse and to be revenged on, but on me? and I know him to be as revengeful as any man on earth.
Attorney—He is a party, and may not come; the law is against it.
Raleigh—It is a toy to tell me of law; I defy such law, I stand on the fact.
Lord Cecil—I am afraid my often speaking (who am inferior to my lords here present) will make the world think that I delight to hear myself talk. My affection to you, sir Walter, was not extinguished, but slaked in regard to your deserts. You know the law of the realm (to which your mind doth not contest) that my lord Cobham cannot be brought.
Raleigh—He may be, my lord.
Lord Cecil—But dare you challenge it?
Raleigh—No.
Lord Cecil—You say that my lord Cobham, yourmain accuser, must come to accuse you. You say he hath retracted: I say, many particulars are not retracted. What the validity of all this is, is merely left to the jury. Let me ask you this, If my lord Cobham will say you were the only instigator of him to proceed in the treason, dare you put yourself on this?
Raleigh—If he will speak it before God and the king, that ever I knew of Arabella's matter or the money out of Spain, or of the surprizing treason; I put myself on it, God's will and the king's be done with me.
Lord H. Howard—How! If he speak things equivalent to that you have said?
Raleigh—Yes, in the main point.
Lord Cecil—If he say, you have been the instigator of him to deal with the Spanish king, had not the Council cause to draw you hither?
Raleigh—I put myself on it.
Lord Cecil—Then, sir Walter, call upon God and prepare yourself; for I do verily believe that my lords will prove this. Excepting your faults (I call them no worse), by God I am your friend. The heat and passion in you, and the Attorney's zeal in the king's service, make me speak this.
Raleigh—Whosoever is the workman, it is reason he should give an account of his work to his workmaster. But let it be proved that he acquainted me with any of his conferences with Aremberg: he would surely have given me some account.
Lord Cecil—That follows not: if I set you on work, and you give me no account, am I therefore innocent?
Attorney—For the lady Arabella, I said she wasnever acquainted with the matter. Now that Raleigh had conference in all these treasons, it is manifest. The jury hath heard the matter. There is one Dyer, a pilot, that being in Lisbon met with a Portugal gentleman, who asked him if the king of England was crowned yet: to whom he answered, 'I think not yet, but he shall be shortly.' Nay, saith the Portugal, that shall never be, for his throat will be cut by Don Raleigh and Don Cobham before he be crowned.
Dyerwas called and sworn, and delivered this evidence.
Dyer—I came to a merchant's house in Lisbon, to see a boy that I had there; there came a gentleman into the house, and enquiring what countryman I was, I said, an Englishman. Whereupon he asked me, if the king was crowned? And I answered, No, but that I hoped he should be shortly. Nay, saith he, he shall never be crowned; for Don Raleigh and Don Cobham shall cut his throat ere that day come.
Raleigh—What infer you upon this?
Attorney—That your treason hath wings.
Raleigh—If Cobham did practice with Aremberg, how could it not but be known in Spain? Why did they name the Duke of Buckingham with Jack Straw's treason, and the Duke of York with Jack Cade, but that it was to countenance his treason? Consider, you Gentlemen of the Jury, there is no cause so doubtful which the king's council cannot make good against the law. Consider my disability and their ability; they prove nothing against me, only they bring the accusation of my lord Cobham which he hath repented and lamented as heartily, as if it had been for an horrible murder: for he knewthat all this sorrow that should come to me, is by his means. Presumptions must proceed from precedent or subsequent facts. I have spent 40,000 crowns against the Spaniards. I had not purchased £40 a year. If I had died in Guiana, I had not left 300 marks a year to my wife and son. I that have always condemned Spanish faction, methinks it is a strange thing that now I should affect it! Remember what St. Austin says,Sic judicate tanquam ab alio mox judicandi; unus judex, unum tribunal. If you will be contented on presumptions to be delivered up to be slaughtered, to have your wives and children turned into the streets to beg their bread; if you will be contented to be so judged, judge so of me.
Serj. Philips—I hope to make this so clear, as that the wit of man shall have no colour to answer it. The matter is treason in the highest degree, the end to deprive the king of his crown. The particular treasons are these: first, to raise up rebellion, and to effect that, to procure money; to raise up tumults in Scotland, by divulging a treasonable Book against the king's right to the crown; the purpose, to take away the life of his majesty and his issue. My lord Cobham confesseth sir Walter to be guilty of all these treasons. The question is, whether he be guilty as joining with him, or instigating of him? The course to prove this was by my lord Cobham's accusation. If that be true, he is guilty, if not he is clear. So whether Cobham say true, or Raleigh, that is the question. Raleigh hath no answer but the shadow of as much wit as the wit of man can devise. He useth his bare denial; the denial of a defendant must not move the jury. In the Star Chamber, or in the Chancery, for matter of title, if the defendant be called in question, his denial onhis oath is no evidence to the court to clear him, he doth itin propria causa; therefore much less in matters of treason. Cobham's testification against him before them, and since, hath been largely discoursed.
Raleigh—If truth be constant, and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct proofs, but all by circumstances.
Attorney—Have you done? The king must have the last.
Raleigh—Nay, Mr. Attorney, he which speaketh for his life, must speak last. False repetitions and mistakings must not mar my cause. You should speaksecundum allegata et probata. I appeal to God and the king in this point whether Cobham's accusation is sufficient to condemn me.
Attorney—The king's safety and your clearing cannot agree. I protest before God, I never knew a clearer treason.
Raleigh—I never had intelligence with Cobham since I came to the Tower.
Attorney—Go to, I will lay thee upon thy back, for the confidentest traitor that ever came at a bar. Why should you take 8,000 crowns for a peace?
Lord Cecil—Be not so impatient, good Mr. Attorney. Give him leave to speak.
Attorney—If I may not be patiently heard, you will encourage traitors and discourage us. I am the king's sworn servant, and must speak; if he be guilty, he is a traitor; if not, deliver him.
(Note.—Here Mr. Attorney sat down in a chafe and would speak no more until the commissioners urged and intreated him. After much ado, he went on, and made a long repetition of all the evidence for thedirection of the jury; and at the repeating of some things, sir Walter Raleigh interrupted him and said he did him wrong.)
Attorney—Thou art the most vile and execrable traitor that ever lived.
Raleigh—You speak indiscreetly, barbarously, and uncivilly.
Attorney—I want words sufficient to express thy viperous treasons.
Raleigh—I think you want words indeed, for you have spoken one thing half a dozen times.
Attorney—Thou art an odious fellow, thy name is hateful to all the realm of England for thy pride.
Raleigh—It will go near to prove a measuring cast between you and me, Mr. Attorney.
Attorney—Well, I will now make it appear to the world that there never lived a viler viper upon the face of the earth than thou.—And there withal he drew a letter out of his pocket saying further—My lords, you shall see this is an agent that hath writ a treatise against the Spaniard, and hath ever so detested him; this is he that hath spent so much money against him in service; and yet you shall all see whether his heart be not wholly Spanish. The lord Cobham, who of his own nature was a good and honourable gentleman, till overtaken by this wretch now finding his conscience heavily burdened with some courses which the subtlety of this traitor had drawn him into, my lords, he could be at no rest with himself, nor quiet in his thoughts, until he was eased of that heavy weight: out of which passion of his mind and discharge of his duty to his prince and his conscience to God, taking it upon his salvation that he wrote nothing but the truth, with his own hands he wrote this letter. Nowsir, you shall see whether you had intelligence with Cobham within four days before he came to the Tower. If he be wholly Spanish, that desired a pension of £1500 a year from Spain, that Spain by him might have intelligence, then Raleigh is a traitor: he hath taken an apple and pinned a letter into it and threw it into my lord Cobham's window, the contents whereof were this, 'It is doubtful whether we shall be proceeded with or no, perhaps you shall not be tried.' This was to get a retractation. Oh! it was Adam's apple whereby the devil did deceive him. Further he wrote thus, 'Do not as my lord of Essex did; take heed of a preacher, for by his persuasion he confessed and made himself guilty.'[19]I doubt not but this day God shall have as great a conquest by this traitor, and the Son of God shall be as much glorified as when it was saidVicisti Galilæe; you know my meaning. What though Cobham retracted, yet he could not rest or sleep until he had confirmed it again. If this be not enough toprove him a traitor, the king my master shall not live three years to an end.
(Note.—Here Mr. Attorney produced the lord Cobham's letter, and as he read it, inserted some speeches.)
'I have thought fit to set down this to my lords, wherein I protest on my soul to write nothing but the truth. I am now come near the period of my time, therefore I confess the whole truth before God and his angels. Raleigh, four days before I came from the Tower, caused an apple' (Eve's apple) 'to be thrown in at my chamber window; the effect of it was, to intreat me to right the wrong that I had done him, in saying, "that I should have come home by Jersey"; which under my hand to him I have retracted. His first Letter I answered not, which was thrown in the same manner; wherein he prayed me to write him a Letter, which I did. He sent me word, that the Judges met at Mr. Attorney's house, and that there was good hope the proceedings against us should be stayed: he sent me another time a little tobacco. At Aremberg's coming, Raleigh was to have procured a pension of £1500 a year, for which he promised, that no action should be against Spain, the Low Countries, or the Indies, but he would give knowledge beforehand. He told me, the States had audience with the king.'—(Attorney.'Ah! is not this a Spanish heart in an English body?') 'He hath been the original cause of my ruin; for I had no dealing with Aremberg, but by his instigation. He hath also been the cause of my discontentment; he advised me, not to be overtaken by preachers, as Essex was; and that the king would better allow of a constant denial, than to accuse any.'
Attorney—Oh, damnable atheist! He hathlearned some Text of Scripture to serve his own purpose, but falsely alledged. He counsels him not to be counselled by preachers, as Essex was: He died the child of God, God honoured him at his death; thou wast by when he died:Et lupus et turpes instant morientibus Ursæ. He died indeed for his offence. The king himself spake these words: 'He that shall say, Essex dies not for Treason, is punishable.'
Raleigh—You have heard a strange tale of a strange man. Now he thinks, he hath matter enough to destroy me; but the king and all of you shall witness, by our deaths, which of us was the ruin of the other. I bid a poor fellow throw in the Letter at his window, written to this purpose; 'You know you have undone me, now write three lines to justify me.' In this I will die, that he hath done me wrong: Why did not he acquaint him with my dispositions?
Lord Chief-Justice—But what say you now of the Letter, and the Pension of £1500 per annum?
Raleigh—I say, that Cobham is a base, dishonourable, poor soul.
Attorney—Is he base? I return it into thy throat on his behalf: but for thee he had been a good subject.
Lord Chief-Justice—I perceive you are not so clear a man, as you have protested all this while; for you should have discovered these matters to the king.
(Note.—Here Raleigh pulled a Letter out of his pocket, which the lord Cobham had written to him, and desired my lord Cecil to read it, because he only knew his hand; the effect of it was as follows:)
Cobham's Letter of Justification to Raleigh.