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
of his Conferences with Aremberg he would surely have given me some account L. Cecil That follows not If I set you on work and you give me no account am I therefore innocent Attourney For the Lady Arabella I said she was never 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 ask'd him if the King of England was crown'd 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 Dyer was called and sworn and delivered this Evidence Dyer I came to a Merchants 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 VVhereupon he asked me if the King was crowned And I answered No but that I hoped he should be so shortly Nay saith he he shall never be crowned for Don Raleigh and Don Cobham will cut his Throat ere that day come Raleigh What infer you upon this Attourney 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 Kings Counsel 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 lamented and repented as heartily as if it had been for an horrible Murther for he knew that all this Sorrow which should come to me is by his means Presumptions must proceed from precedent or subsequent Facts I have spent 40000 Crowns against the Spaniard I had not purchased 40 Pound 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 the 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 Iudex unum Tribunal If you would 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 would be contented to be so judged judg 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 Kings Right to the Crown the Purpose to take away the Life of his Majesty and his Issue My Lord Cobham confesseth Sir Walter Raleigh to be guilty of all these Treasons The Question is Whether he be guilty as joyning 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 on his Oath is no Evidence to the Court to clear him he doth it in propria causa therefore much less in Matters of Treason Cobham's Testification against him before then 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 Attourney Have you done The King must have the last Raleigh Nay Mr. Attourney he which speaketh for his Life must speak last False Repetitions and Mistakings must not mar my Cause You should speak secundum allegata probata I appeal to God and the King in this Point whether Cobham's Accusation be sufficient to condemn me Attourney The Kings 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 Attourney Go too I will lay thee upon thy Back for the confidentest Traytor that ever came at a Bar. Why should you take 8000 Crowns for a Peace Lord Cecil Be not so impatient good Mr. Attourney give him leave to speak Attourney If I may not be patiently heard you will incourage Traytors and discourage us I am the King 's sworn Servant and must speak If he be guilty he is a Traytor if not deliver him Nota. Here Mr. Attourney 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 the direction of the Iury and at the repeating of some things Sir Walter Raleigh interrupted him and said He did him wrong Attourney Thou art the most vile and execrable Traytor that ever lived Raleigh You speak indiscreetly barbarously and uncivilly Attourney 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 Attourney 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. Attourney Attourney 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 therewithal 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 burthened with some Courses which the Subtilty of this Traytor 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
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.
I vvill speak as truly as you Mr. Attourney for by God I never spake it Lord Chief Iustice. 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 Queens 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 Attourney Why this is cunning Raleigh Every thing that doth make for me is cunning and every thing that maketh against me is probable Attourney Lord Cobham saith that Kemish came to him with a Letter torn and did wish him not to be dismaid for one Witness could not hurt him Raleigh This poor Man hath been close Prisoner these eighteen 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. Attourney 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 knowledges Raleigh Was not the Keeper of the Rack sent for and he threatned with it Sir William Wade When Mr. Sollicitor and my self 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 ask'd whether and when he heard from you he said Every Day Raleigh Kemish added more I never bad him speak those Words Nota. Mr. Attourney here offered to interrupt him Lord Cecil It is his last Discourse Give him leave Mr. Attourney Raleigh I am accused concerning Arabella concerning Money out of Spain My Lord Chief Iustice 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 Kings 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 laught at and immediately sent it to the King So far was she from Discontentment that she laught 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 with her 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 maner 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 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 revengefull as any Man on Earth Attourney 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 inferiour to my Lords here present will make the World think I delight to hear my self talk My affection to you Sir Walter Raleigh was not extinguished but slaked in regard of 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. K. Cecil But dare you challenge it Raleigh No. L. Cecil You say that my Lord Cobham your main 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 meerly 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 Treasons dare you put your self 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 surprising Treason I put my self 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 a 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 my self on it Lord Cecil Then Sir VValter Raleigh call upon God and prepare your self for I do verily believe 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 Attourney's Zeal in the King's Service makes me speak this Raleigh Whosoever is the Workman it is reason he should give account of his Work to the Work-master But let it be proved that he acquainted me with any