than fear of Death What made ill for Sir Walter was his Discovery of Lawrency and Cobham's frequent private Conferences which so incensed Cobham that he positively accused him though the single Evidence of one already convicted of what Sir Walter was but yet impeached could only make a Circumstance and not convict him The Judges and the King's Counsel did vvhat they could to bawl him out of his Life and since they vvanted Proof they would endeavour to tire him out If we may believe Osborn several of the Jury-men after he was cast vvere so far touch'd in Conscience as to ask of him pardon on their knees A further Confirmation of his Innocency may be a Passage of his ovvn in a Letter to Secretary Winwood wherein he tells him That the worthy Prince of Wales was extream curious in searching out the nature of his Offences The Queens Majesty had inform'd her self from the beginning The King of Denmark at both times of his being here was throughly satisfied of his Innocency they would otherwise never have moved his Majesty on his behalf The Wife the Brother and the Son of a King do not use to sue for Men suspect Nay further yet the Scots themselves declar'd in favour of him if we may believe him in another Letter of his to Sir Robert Car after Earl of Somerset wherein are these words I have ever been bound to your Nation as well for many other Graces as for the true Report of my Trial to the King's Majesty against whom had I been malignant the hearing of my Cause could not have changed Enemies into Friends Malice into Compassion and the Minds of the greatest number then present into Commiseration of mine Estate It is not the nature of foul Treason to beget such fair Passions neither could it agree with the duty and love of faithful Subjects especially of your Nation to bewail his Overthrow that had conspired against their most natural and liberal Lord. Two days after Raleigh's Tryal were sentenced Brook who pretended his intention was only to try faithful Subjects and said he had a Commission for so doing but produc'd it not Markham who confest the Indictment pleaded Discontent and desired Mercy Watson who confest he drew them all in holding the King to be no Sovereign till he were crown'd instancing in Saul and Ieroboam And Clark who said the like Parham and Brooksby were acquitted by the Jury Watson Clark and Brook were executed Markham Cobham and Grey brought severally on the Scaffold to dye and at the instant on the Block had their particular Executions remitted by a Letter to the Sheriff under the King 's own Hand without the knowledge of any save Mr. Gibbs Gentleman of the Bedchamber that brought it However an evil Fate did attend these Men Grey died in the Tower the last of his Line the rest were discharg'd but died miserably poor Markham and some others abroad but Cobham as Osborn tells us in a Room ascended by a Ladder at a poor Womans house in in the Minories formerly his Landress died rather of hunger than a natural disease Sir Walter was left to his Majesties Mercy who thought him too great a Male-content to have his Freedom and probably too Innocent to lose his Life Therefore in the Tower he is confin'd but permitted to enjoy Libera Custodia where he improv'd his Imprisonment to the greatest advantage of Learning and Inquisitive Men. Since his Majesty had civilly buried him and as it were banish'd him this World he thought it no Treason to disturb the Ashes of former times and bring to view the Actions of deceased Heroes And certainly none was so fit to comment on their Atchievements and so able to raise excellent Maxims from them as he who had been brought up in so wise a Court as Queen Elizabeth's and read so many wise Men. After some time past there he was delivered of that great Minerva the History of the World a Book which for the Exactness of its Chronology Curiousness of its Contexture and Learning of all Sorts seems to be the Work of an Age. An History which never yet met with a Detractor and was the Envy if some Authors may be credited of King James himself who thought none could out-do him at the Pen. That a Man who had been the greatest part of his life taken up in Action should write so judiciously so critically of Times and Actions is as great a Wonder as the Book it self It still remains a Dispute whether the Age he lived in was more obliged to his Pen or his Sword the one being busie in conquering the New the other in so bravely describing the Old World An History wherein the only fault or defect rather is that it wanteth one half thereof which was occasioned as our Story tells us thus Some few days before he fuffered he sent for Mr. Walter Burr who formerly printed his first Volumn of the History of the World whom taking by the Hand after some other Discourse he ask'd how it had sold Mr. Burr returned this Answer It sold so slowly that it had undone him At which words of his Sir Walter stepping to his Desk reaches his other unprinted Part of his History which he had brought down to the Times he lived in and clapping his hand upon his breast said with a sigh Ah my Friend hath the first Part undone thee the second Part shall undo no more this ungrateful World is unworthy of it and immediately going to the Fire-side threw it in and set his foot upon it till it was consumed As great a loss to Learning as Christendom could have sustained the greater because it could be repaired by no hand but his It often happening to Authors as to great Masters in Painting their Pieces are not valued till they are dead and the succeeding Age find the Originals inimitable Whilst Sir Walter was thus confined Death took away his and Essex's mortal Enemy Sir Robert Cecil after Earl of Salisbury who had purchased the monopoly of Favour and being jealous of Sir Walter 's Parts had some fear he might supplant him which was the Cause according to Osborn that he was brought to the aforementioned Tryal However Sir Walter outlived his Enemies designs and hatred and for all his kindnesses bestowed upon him the following Epitaph which I am upon very good grounds assured to be his King James was so much taken with the smartness of it that he hoped the Author would die before him The Verses are these Here lies Hobinal our Pastor while here That once in a quarter our fleeces did shear To please us his Cur he kept under clogg And was ever after both Shepherd and Dog For Oblation to Pan his Custom was thus He first gave a trifle then offer'd up us And through his false Worship such pow'r he did gain As kept him 'o th Mountain and us on the Plain Where many a Hornpipe he tun'd to his Phillis And sweetly sung Walsingham to 's Amarillis
Earl of Suffolk Lord Chamberlain Earl of Devon Lord Henry Howard Lord Cecil Earl of Salisbury Lord Wotton Sir Iohn Stanhope Vice-Chamberlain Lord Chief-Justice of England Popham Lord Chief-Justice of the Common-Pleas Anderson Justice Gaudie Justice Warburton and Sir William Wade Commissioners First The Commission of Oyer and Terminer was read by the Clerk of the Crown-Office and the Prisoner bid hold up his Hand And then presently the INDICTMENT was in effect as followeth THat he did Conspire and go about to deprive the King of his Government to raise up Sedition within the Realm to alter Religion to bring in the Roman Superstition and to procure Foreign Enemies to invade the Kingdoms That the Lord Cobham the ninth of June last did meet with the said Sir Walter Raleigh in Durham-House in the Parish of St. Martins in the Fields and then and there had Conference with him how to advance Arabella Stuart to the Crown and Royal Throne of this Kingdom and that then and there it was agreed that Cobham should treat with Aremberg Embassador from the Arch-Duke of Austria to obtain of him 600000 Crowns to bring to pass their intended Treasons It was agreed that Cobham should go to the Arch-Duke Albert to procure him to advance the pretended Title of Arabella from thence knowing that Albert had not sufficient means to maintain his own Army in the Low-Countries Cobham should go to Spain to procure the King to assist and further her pretended Title It was agreed the better to effect all this Conspiracy that Arabella should write three Letters one to the Arch-Duke another to the King of Spain and a third to the Duke of Savoy and promise three things First to establish firm Peace between England and Spain Secondly To tolerate the Popish and Roman Superstition Thirdly To be ruled by them in contracting of her Marriage And for the effecting these Traiterous Purposes Cobham should return by the Isle of Jersey and should find Sir Walter Raleigh Captain of the said Isle there and take Counsel of Raleigh for the distributing of the aforesaid Crowns as the Occasion or Discontentment of the Subjects should give cause and way And further That Cobham and his Brother Brook met on the 9th of June last and Cobham told Brook all these Treasons To the which Treasons Brook gave his Assent and did joyn himself to all these and after on the Thursday following Cobham and Brook did speak these words That there would never be a good World in England till the King meaning our Soveraign Lord and his Cubs meaning his Royal Issue were taken away And the more to disable and deprive the King of his Crown and to confirm the said Cobham in his Intents Raleigh did publish a Book falsly written against the most just and Royal Title of the King knowing the said Book to be written against the just Title of the King which Book Cobham after that received of him Further for the better effecting these Traiterous Purposes and to establish the said Brook in his Intent the said Cobham did deliver the said Book unto him the 14th of June And further the said Cobham on the 16th of June for accomplishment of the said Conference and by the traiterous Instigation of Raleigh did move Brook to incite Arabella to write to the three forenamed Princes to procure them to advance her Title and that she after she had obtained the Crown should promise to perform three things viz. Peace between England and Spain 2. To tolerate with impunity the Popish and Roman Superstitions 3. To be ruled by them three in the contracting of her Marriage To these Motions the said Brook gave his Assent And for the better effecting of the said Treasons Cobham on the seventeenth of June by the Instigation of Raleigh did write Letters to Count Aremberg and did deliver the said Letters to one Matthew de Lawrency to be delivered to the said Count which he did deliver for the obtaining of the 600000 Crowns which Money by other Letters Count Aremberg did promise to perform the payment of and this Letter Cobham received the eighteenth of June And then did Cobham promise to Raleigh that when he had received the said Mony he would deliver 8000 Crowns to him to which motion he did consent and afterwards Cobham offered Brook that after he should receive the said Crowns he would give to him 10000 thereof to which Motion Brook did assent To the Indictment Sir Walter Raleigh pleaded Not Guilty The JURY Sir Ralph Conisby Knights Sir Thomas Fowler Knights Sir Edward Peacock Knights Sir William Rowe Knights Henry Goodyer Esquires Roger Wood Esquires Thomas Walker Esquires Thomas Whitby Esquires Thomas Highgate Gentlemen Robert Kempthon Gentlemen Iohn Chawkey Gentlemen Robert Brumley Gentlemen Sir Walter Raleigh Prisoner was asked whether he would take Exceptions to any of the Jury Raleigh I know none of them they are all Christians and honest Gentlemen I except against none E. Suff. You Gentlemen of the Kings Learned Counsel follow the same course as you did the other day Raleigh My Lord I pray you I may answer the Points particularly as they are delivered by reason of the weakness of my memory and sickness Popham Chief Iustice. After the Kings Learned Counsel have delivered all the Evidence Sir Walter you may answer particularly to what you will Heale the Kings Serjeant at Law You have heard of Raleigh's bloody Attempts to kill the King and his Royal Progeny and in place thereof to advance one Arabella Stuart The particulars of the Indictment are these First That Raleigh met with Cobham the ninth of Iune and had Conference of an Invasion of a Rebellion and an Insurrection to be made by the King's Subjects to depose the King and to kill his Children poor Babes that never gave offence Here is Blood here is a new King and Governour In our King consists all our Happiness and the true use of the Gospel a thing which we all wished to be setled after the death of the Queen Here must be Money to do this for Money is the Sinew of War Where should that be had Count Aremberg must procure it of Philip King of Spain five or six hundred thousand Crowns and out of this Sum Raleigh must have eight thousand But what is that Count Aremberg though I am no good Frenchman yet it is as much as to say in English Earl of Aremberg Then there must be Friends to effect this Cobham must go to Albert Arch-Duke of Austria for whom Aremberg was Ambassador at that time in England And what then He must perswade the Duke to assist the pretended Title of Arabella From thence Cobham must go to the King of Spain and perswade him to assist the said Title Since the Conquest there was never the like Treason But out of whose Head came it Out of Raleigh's who must also advise Cobham to use his Brother Brook to incite the Lady Arabella to write three several Letters as aforesaid
in the Indictment all this was on the ninth of Iune Then three days after Brook was acquainted with it After this Cobham said to Brook It will never be well in England till the King and his Cubs are taken away Afterwards Raleigh delivered a Book to Cobham treacherously written against the Title of the King It appears that Cobham took Raleigh to be either a God or an Idol Cobham endeavours to set up a new King or Governour God forbid mine Eyes should ever see so unhappy a change As for the Lady Arabella she upon my Conscience hath no more title to the Crown than I have which before God I utterly renounce Cobham a Man bred in England hath no experience abroad but Raleigh a Man of great Wit Military and a Sword-man Now whether these things were bred in a hollow Tree I leave to them to speak of who can speak far better than my self And so sate him down again Sir Edward Cook the Kings Atturney I must first my Lords before I come to the Cause give one Caution because we shall often mention Persons of eminent Places some of them great Monarchs What ever we say of them we shall but repeat what others have said of them I mean the Capital Offenders in their Confessions We professing Law must speak reverently of Kings and Potentates I perceive these honourable Lords and the rest of this great Assembly are come to hear what hath been scattered upon the Wrack of Report We carry a just Mind to condemn no man but upon plain Evidence Here is Mischief Mischief in summo Gradu exorbitant Mischief My Speech shall chiefly touch these three Points Imitation Supportation and Defence The Imitation of Evil ever exceeds the Precedent as on the contrary Imitation of Good ever comes short Mischief cannot be supported but by Mischief yea it will so multiply that it will bring all to confusion Mischief is ever underprop'd by Falshood of foul Practices And because all these things did concur in this Treason you shall understand the Main as before you did the Bye The Treason of the Bye consisteth in these Points First That the Lord Grey Brook Markham and the rest intended by Force in the Night to surprize the King's Court which was a Rebellion in the Heart of the Realm yea in the Heart of the Heart in the Court They intended to take him that is a Sovereign to make him subject to their Power purposing to open the Doors with Musquets and Calievers and to take also the Prince and Council Then under the King's Authority to carry the King to the Tower and to make a Stale of the Admiral When they had the King there to extort three things from him First A Pardon for all their Treasons Secondly A Toleration of the Roman Superstition Which their Eyes shall sooner fall out than they shall ever see for the King hath spoken these words in the hearing of many I will lose the Crown and my Life before ever I will alter Religion And thirdly To remove Counsellors In the room of the Lord Chancellor they would have plac'd one Watson a Priest absurd in Humanity and ignorant in Divinity Brook of whom I will speak nothing Lord-Treasurer The great Secretary must be Markbam Oculus Patriae A Hole must be found in my Lord Chief Justice's Coat Grey must be Earl-Marshal and Master of the Horse because he would have a Table in the Court marry he would advance the Earl of Worcester to an higher Place All this cannot be done without a Multitude Therefore Watson the Priest tells a Resolute Man that the King was in danger of Puritans and Iesuites so to bring him in blindfold into the Action saying that the King is no King till he be Crown'd therefore every Man might right his own Wrongs but he is Rex natus His Dignity descends as well as yours my Lords Then Watson imposeth a blasphemous Oath That they should swear to defend the King's Person to keep secret what was given them in charge and seek all ways and means to advance the Catholick Religion Then they intend to send for the Lord Mayor and the Aldermen in the King's Name to the Tower lest they should make any Resistance and then to take Hostages of them and to enjoyn them to provide for them Victuals and Munition Grey because the King removed before Midsommer had a further reach to get a company of Sword-men to assist the Action Therefore he would stay till he had obtained a Regiment from Ostend or Austria So you see these Treasons were liste Sampson's Foxes which were joyned in their Tails though their Heads were severed Raleigh You Gentlemen of the Jury I pray remember I am not charged with the Bye being the Treason of the Priest Attorney You are not My Lords you shall observe three things in the Treasons First They had a Watch-word the King's safety their Pretence was Bonum in se their Intent was Malum in se. Secondly They avouched Scripture both the Priests had Scriptum est perverting and ignorantly mistaking the Scriptures Thirdly They avouched the Common Law to prove that he was no King till he was crowned alledging a Statute of Eliz. 13. This by way of Imitation hath been the course of all Traytors In the 20th of Edw. the 2 d Isabella the Queen and the Lord Mortimer gave out that the King's Person was not safe for the good of the Church and Common-wealth The Bishop of Carlile did preach on this Text My Head is grieved meaning by the Head the King that when the Head began to be Negligent the People might reform what is amiss In the 3 d Hen. 4. Sir Roger Claringdon accompanied with two Priests gave out that Richard the Second was Alive when he was Dead Edward the 3 d caused Mortimers Head to be cut off for giving counsel to murther the King The 3. Hen 7. Sir Henry Stanly found the Crown in the Dust and set it on the King's Head when Fitzwater and Garret told him that Edward the 5 th was alive he said If I be alive I will assist him But this cost him his Head Edmond de la Pool Duke of Suffolk killed a Man in the Reign of King Henry the 7 th for which the King would have him hold up his hand at the Bar and then Pardoned him Yet he took such an Offence thereat that he sent to the Noblemen to help to reform the Common-wealth and then said he would go to France and get Power there Sir Roger Compton knew all the Treason and discovered Windon and others that were Attainted He said there was another thing that would be stood upon namely that they had but one Witness Then he vouched one Appleyard's Case a Traytor in Norfolk who said a Man must have two Accusers Helms was the Man that accused him but Mr. Iust. Catlin said that that that Statute was not in force at that day His words were Thrust her into the Ditch Then he went
on speaking of Accusers and made this difference An Accuser is a speaker by Report when a Witness is he that upon his Oath shall speak his knowledg of any Man A third sort of Evidence there is likewise and this is held more forcible than either of the other two and that is when a Man by his Accusation of another shall by the same Accusation also condemn himself and make himself liable to the same Fault and Punishment this is more forcible than many Witnesses So then so much by way of Imitation Then he defined Treason there is Treason in the Heart in the Hand in the Mouth in Consummation comparing that in Corde to the Root of a Tree in Ore to the Bud in Manu to the Blossom and that which is in Consummatione to the Fruit. Now I come to your Charge you of the Jury The greatness of Treason is to be considered in these two things Determinatione finis and Electione mediorum This Treason excelleth in both for that it was to destroy the King and his Progeny These Treasons are said to be Crimen laesae Majestatis this goeth further and may be term'd Crimen exterpandae Regiae Majestatis totius Progeniei suae I shall not need my Lords to speak any thing concerning the King nor of the Bounty and Sweetness of his Nature whose Thoughts are Innocent whose Words are full of Wisdom and Learning and whose Works are full of Honour although it be a true saying Nunquam nimis quod nunquam satis But to whom do you bear your Malice to the Children Raleigh To whom speak you this You tell me News I never heard of Attourney Oh Sir do I I will prove you the Notoriousest Traytor that ever came to the Bar. After you have taken away the King you would alter Religion as you Sir Walter Raleigh have followed them of the Bye in Imitation for I will charge you with the words Raleigh Your words cannot condemn me my Innocency is my Defence Prove one of these things wherewith you have Charg'd me and I will confess the whole Indictment and that I am the horriblest Traytor that ever lived and worthy to be Crucifi'd with a thousand thousand Torments Attourney Nay I will prove all Thou art a Monster thou hast an English Face but a Spanish Heart Now you must have Money Aremberg was no sooner in England I Charge thee Raleigh but thou incitedst Cobham to go unto him and to deal with him for Money to bestow on discontented Persons to raise Rebellion on the Kingdom Raleigh Let me Answer for my self Attourney Thou shalt not Raleigh It concerneth my Life Lord Chief Iustice Popham Sir Walter Raleigh Mr. Attourney is but yet in the General but when the Kings Counsel have given the Evidence wholly you shall Answer every Particular Attourney Oh! do I touch you Lord Cecil Mr. Attourney when you have done with this General Charge do you not mean to let him answer to every Particular Attourney Yes when we deliver the Proofs to be read Raleigh procured Cobham to go to Aremberg which he did by his Instigation Raleigh supped with Cobham before he went to Aremberg after Supper Raleigh conducted him to Durham House from whence Cobham went with Lawrency a Servant of Aremberg's unto him and went in by a Back-way Cobham could never be quiet until he had entertain'd this Motion for he had four Letters from Raleigh Aremberg answered the Money should be performed but knew not to whom it should be distributed Then Cobham Lawrency came back to Durham House where they found Raleigh Cobham and Raleigh went up and left Lawrency below where they had secret Conference in a Gallery and after Cobham and Lawrency departed from Raleigh Your Jargon was Peace What is that Spanish Invasion Scottish Subversion And again you are not a fit Man to take so much Money for procuring of a Lawful Peace for Peace procur'd by Money is dishonourable Then Cobham must go to Spain and return by Iersey where you were Captain And then because Cobham had not so much Policy or at least Wickedness as you he must have your advice for the distribution of the Money Would you have deposed so good a King lineally descended of Elizabeth Eldest Daughter of Edward the 4 th why then must you set up another I think you meant to make Arabella a Titular Queen of whose Title I will speak nothing but sure you meant to make her a Stale Ah good Lady you could mean her no good Raleigh You tell me News Mr. Attourney Attourney Oh Sir I am the more large because I know with whom I deal For we have to deal to day with a Man of Wit Raleigh Did I ever speak with this Lady Attourney I vvill track you out before I have done English-Men vvill not be led by persvvasion of Words but they must have Books to persvvade Raleigh The Book vvas written by a Man of your Profession Mr. Attourney Attourney I vvould not have you Impatient Raleigh Methinks you fall out vvith your self I say nothing Attourney By this Book you vvould persvvade Men that he is not the Lavvful King Novv let us consider some Circumstances My Lords you know my Lord Cobham for vvhom vve all Lament and Rejoyce Lament in that his House which hath stood so long unspotted is now Ruinated Rejoyce in that his Treasons are Reveal'd he is neither Politician nor Sword-Man Raleigh was both united in the Cause with him and therefore cause of his Destruction Another Circumstance is the secret Contriving of it Humphry Stafford claimed Sanctuary for Treason Raleigh in his Machivilian Policy hath made a Sanctuary for Treason He must talk with none but Cobham because saith he one Witness can never condemn me For Brook said unto Sir Griffith Markham Take heed how you do make my Lord Cobham acquainted for whatsoever he knoweth Raleigh the Witch will get it out of him As soon as Raleigh was examined on one Point of Treason concerning my Lord Cobham he wrote to him thus I have been examined of you and confessed nothing Further you sent to him by your trusty Francis Kemish that one Witness could not condemn and therefore bad his Lordship be of good Courage Came this out of Cobham's Quiver No But out of Raleigh's Machivilian and Devilish Policy Yea but Cobham did retract it Why then did you urge it Now then see the most horrible Practices that ever came out of the bottomless Pit of the Lowest Hell After that Raleigh had Intelligence that Cobham had Accused him he endeavoured to have Intelligence from Cobham which he had gotten by young Sir Iohn Payton But I think it was the Error of his Youth Raleigh The Lords told it me or else I had not been sent to the Tower Attourney Thus Cobham by the Instigation of Raleigh entred into these Actions So that the Question will be Whether you are not the principal Traitor and he would nevertheless have entred into it Why
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 Iustice. 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 your self but the Laws plead as hard for the thing 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 underhand 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 Gracious King 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 Iustice. You have no Law for it God forbid any Man should accuse himself upon his Oath Attourney 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 Coplies Examination Also Watson told me that a special Person told him that Aremberg offer'd to him a thousand Crowns to be in that Action and that Brook said the Stirs in Scotland came out of Rawleigh's Head Raleigh Brook hath been taught his Lesson Lord H. How This Examination was taken before me 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 Attourney Now let us come to those words of Destroying the King and his Cubs Raleigh O barbarous if they like unnatural Villains 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 Attourney Thou hast a Spanish Heart and thy self art a Spider of Hell for thou confessest 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 Brook's Examination read Being askt 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 askt what Exposition his Brother made of these Words he said he is loth 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 askt if ever he had said It will never be well in England till the King and his Cubs were taken 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 Knowledg another by Hear-say Earl of Suffolk See the Case of Arnold Lord Chief Iustice. It is the Case of Sir Will. Thomas and Sir Nicholas Arnold Raleigh If this may be you will have any Mans Life in a Week Attourney Raleigh saith that Cobham was in a Passion when he said so Would he tell his Brother any thing of Malice against Raleigh whom he lov'd 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 Surprising Treason for by accusing you he should accuse his Brother Raleigh He doth not care much for that Lord Cecil I must judg the best The Accusation of his Brother was not Voluntary he pared every thing 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 twelve miles of London Cobham never came to see him and intended to travel without seeing the Queen and the Prince 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 and for that I did intend to answer it I resolved to leave my Estate setled therefore laid out all my loose Papers amongst which was this Book Lord Howard Where had you this Book Raleigh In the old Lord Treasurers Study after his Death Lord Cecil Did you ever shew or make known the Book to me Raleigh No my Lord. Lord Cecil My Father being employed in the Affairs of State at that time it was like enough he had many Books and Papers written against the then Queen and State which might come to his hands by the Discovery of such Offences Attourney I observe there was Intelligence between you and Cobham in the Tower for after he said it vvas against the King's Title he denied it again Sir William 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 Nota. Sir Robert Wroth speaketh or whispereth something secretly Attourney My Lords I must complain of Sir Robert Wroth he sayes this Evidence is not material Sir Robert Wroth. I never spake the vvords Attourney Let Mr. Serjeant Philips testifie vvhether he heard him say the Words or no. Lord Cecil I will give my Word for Sir Robert Wroth. Sir Robert Wroth.