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
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
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
Cobham's I hear no other thing to which Accusation he never subscribed nor avouched it 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 be resolved by the Judges whether by the Law it is not a forcible Argument of Evidence The Iudges My Lord it is Raleigh The King at his Coronation is sworn In omnibus Iudiciis suis Aequitatem non Rigorem Legis observare By the Rigour and Cruelty of the Law it may be a forcible Evidence Lord Chief Iustice. 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 Iustice. 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. Attourney go on Raleigh Good Mr. Attourney be patient and give me leave Lord Cecil An unnecessary Patience is a hindrance let him go on with his Proofs and then refel 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 Iuly which was to the effect of his former Examination further saying I have disclosed all to accuse any one falsly were to burthen my own Conscience Attourney Read Coplies Confession the 8 th of Iune 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 saith Brook c. 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 surprising of his Majesty Attourney 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 12000 Crowns and Raleigh should have 8000 or 10000 Crowns Cobham's Examination Iuly 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 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 Attourney Raleigh must have his part of the Money therefore now he is a Traytor The Crown shall never stand one Year on the Head of the King my Master if a Traytor may not be condemned by Circumstances For if A. tells B. and B. tells C. and C. D. c. you shall never prove Treason by two Witnesses Raleigh's Examination was read He confesseth Cobham offered him 8000 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 Conceipts and therefore made no accompt thereof Raleigh The Attourney hath made a long Narration of Copley and the Priests which concerns me nothing neither know I how Cobham was alter'd For he told me if I would agree to further the Peace he would get me 8000 Crowns I asked him Who shall have the rest of the Money He said I will offer such a Noble-Man who was not named some of the Money I said he will not be perswaded by you and he will extreamly 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 Serjeant 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 presumitur mentiri Lord Hen. How Alledg me any Ground or Cause 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 ask 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 Iustice. 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 Iudg 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 Iustice. No by Examination If three conspire a Treason and they all confess it here is never a Witness yet they are condemned Iudg 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 drawn 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 vvill deny all that vvhich he hath said Raleigh I know not how you conceive the Law Lord Chief Iustice. Nay vve do not conceive the Law but we know the Law Raleigh The Wisdom of the Law of God is absolute and perfect Haec fac vives c. 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
his own hands he wrote this Letter Now Sir 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 Pound a Year from Spain that Spain by him might have Intelligence then Raleigh is a Traytor He hath taken an Apple and pinned a Letter unto 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 Perswasion he confessed and made himself guilty I doubt not but this day God shall have as great a Conquest by this Traytor and the Son of God shall be as much glorified as when it was said Vicisti Galilaee you know my meaning What though Cobham retracted yet he could not rest nor sleep till he confirmed it again If this be not enough to prove him a Traytor the King my Master shall not live three years to an end Nota. Here Mr. Attourney 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 Eves 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 Iersey 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. Attourneys 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 fifteen hundred Pounds a Year for which he promised that no Action should be against Spain the Low-Countries or the Indies but he would give knowledg before-hand He told me the States had Audience with the King Attourney Ah! is not this a Spanish Heart in an English Body He hath been the Original Cause of my Ruine 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 with Preachers as Essex was and that the King would better allow of a constant Denial than to accuse any Attourney Oh damnable Atheist he hath learned some Text of Scripture to serve his own purpose but falsly 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 Turpes instant morientibus Ursae He died indeed for his Offence The King himself spake these words He that shall say Essex died 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 Ruine 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 justifie me In this I will die that he hath done me wrong Why did not he acquaint me with his Treasons if I acquainted him with my Dispositions Lord Chief Iustice. But what say you now of the rest of the Letter and the Pension of 1500 l. per annum Raleigh I say that Cobham is a base dishonourable poor Soul Attourney Is he base I return it into thy Throat on his behalf But for thee he had been a good Subject Lord Chief Iustice. 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 Nota. 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 followeth Cobham's Letter of Iustification to Raleigh Seeing my self so near my End for the discharge of my own Conscience and freeing my self from your Blood which else will cry Vengeance against me I protest upon my Salvation I never practised with Spain by your procurement God so comfort me in this my Affliction as you are a true Subject for any thing that I know I will say as Daniel Purus sum a sanguine hujus So God have mery on my Soul as I know no Treason by you Raleigh Now I wonder how many Souls this Man hath he damns one in this Letter and another in that Here was much ado Mr. Attourney alledged that his last Letter was politickly and cunningly urged from the Lord Cobham and that the first was simply the Truth and that lest it should seem doubtful that the first Letter was drawn from my Lord Cobham by promise of mercy or hope of favour the Lord Chief Justice willed that the Jury might herein be satisfied Whereupon the Earl of Devonshire delivered that the same was meer voluntary and not extracted from the Lord Cobham upon any hopes or promise of Pardon Nota. This was the last Evidence whereupon a Marshal was sworn to keep the Jury private The Jury departed and staid not a quarter of an hour but returned and gave their Verdict Guilty Serj. Heale demanded Judgment against the Prisoner Clerk of the Crown Sir Walter Raleigh Thou hast been indicted arraigned and pleaded not guilty for all these several Treasons and for tryal thereof hast put thy self upon thy Country which Country are these who have found thee guilty What canst thou say for thy self why Judgment and Execution of Death should not pass against thee Raleigh My Lords the Jury have found me Guilty They must do as they are directed I can say nothing why Judgment should not proceed You see whereof Cobham hath accused me You remember his Protestations that I was never guilty I desire the King should know of the Wrongs done unto me since I came hither Lord Chief Iustice. You have had no wrong Sir Walter Raleigh Yes of Mr. Attourney I desire my Lords to remember three things to the King 1. I was accused to be a Practiser with Spain I never knew that my Lord Cobham meant to go thither I will ask no mercy at the Kings hands if he will affirm it 2. I never knew of the practice with Arabella 3. I never knew of my Lord Cobhams practice with
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