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
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
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
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-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
Repulses three in Ireland and three at Sea and once in 1588 at Cales by my Lord Admiral I knew he was Discouraged and Dishonoured I knew the King of Spain to be the proudest Prince in Christendom but now he cometh Creeping to the King my Master for Peace I knew whereas before he had in his Port six or seven score Sail of Ships he hath now but Six or Seven I knew of Twenty five Millions he had from his Indies he hath scarce one left I knew him to be so Poor that the Jesuites in Spain who were wont to have such large Allowance were fain to beg at the Church-Door Was it ever read or heard that any Prince should disburse so much Money without a sufficient Pawn I knew her own Subjects the Citizens of London would not lend her Majesty Money without Lands in Mortgage I knevv the Queen did not lend the States Money without Flushing Brill and other Towns for a Pawn And can it be thought that he vvould let Cobham have so great a Sum I never came to the Lord Cobham's but about matters of his Profit as the Ordering of his House Paying of his Servants Board-vvages c. I had of his vvhen I vvas examined Four Thousand Pounds vvorth of Jewels for a Purchase a Pearl of three thousand Pound and a Ring vvorth five hundred Pound If he had had a fancy to run avvay he vvould not have left so much to have purchased a Lease in Fee Farm I savv him buy three hundred Pounds vvorth of Books to send to his Library at Canterbury and a Cabinet of thirty Pound to give to Mr. Attourney for dravving the Conveyances and God in Heaven knovveth not I vvhether he intended to travel or no. But for that Practice vvith Arabella or Letters to Aremberg framed or any Discourse vvith him or in vvhat Language he spake unto him if I knevv any of these things I vvould absolutely confess the Indictment and acknovvledge my self vvorthy ten thousand Deaths Cobham's second Examination read The Lord Cobham being required to Subscribe to an Examination there vvas shevved a Note under Sir Walter Raleigh's hand the vvhich vvhen he had perused he paused and after brake forth into these Speeches Oh Villain Oh Traytor I will now tell you all the Truth And then said His purpose vvas to go into Flanders and into Spain for the obtaining the aforesaid Money and that Raleigh had appointed to meet him in Iersey as he returned Home to be advised of him about the Distribution of the Money Popham Lord Chief Iustice. When Cobham answer'd to the Interrogatories he made scruple to subscribe and being urged to it he said If he might hear me affirm that a Person of his Degree ought to set his Hand he would I lying then at Richmond for fear of the Plague was sent for and I told he ought to subscribe otherwise it were a Contempt of a high Nature Then he subscribed The Lords questioned with him further and he shewed them a Letter as I thought written to me but it was indeed written to my Lord Cecil He desired to see the Letter again and then said Oh Wretch Oh Traytor Whereby I perceived you had not performed that Trust he had reposed in you Raleigh He is as passionate a Man as lives for he hath not spared the best Friends he hath in England in his Passion My Lords I take it he that has been examined has ever been asked at the time of his Examination if it be according to his meaning and then to subscribe Methinks my Lords when he accuses a Man he should give some Account and Reason of it it is not sufficient to say we talked of it If I had been the Plotter would not I have given Cobham some Arguments whereby to perswade the King of Spain and answer his Objections I knew Westmorland and Bothwell Men of other Understandings than Cobham were ready to beg their Bread Sir Thomas Fowler one of the Iury. Did Sir Walter Raleigh write a Letter to my Lord before he was examined concerning him or not Attourney Yes Lord Cecil I am in great Dispute with my self to speak in the Case of this Gentleman A former Dearness between me and him tied so firm a Knot of my Conceit of his Virtues now broken by a Discovery of his Imperfections I protest did I serve a King that I knew would be displeased with me for speaking in this Case I would speak whatever came of it But seeing he is compacted of Piety and Justice and one that will not mislike of any Man for speaking a Truth I will answer your Question Sir Walter Raleigh was staid by me at Windsor upon the first News of Copley that the Kings Person should be surprised by my Lord Grey and Mr. George Brook when I found Brook was in I suspected Cobham then I doubted Raleigh to be a partaker I speak not this that it should be thought I had greater Judgment than the rest of my Lords in making this haste to have them examined Raleigh following to Windsor I met with him upon the Tarras and willed him as from the King to stay saying The Lords had something to say to him Then he was examined but not concerning my Lord Cobham but of the Surprising Treason My Lord Grey was apprehended and likewise Brook by Brook we found that he had given notice to Cobham of the surprising Treason as he delivered it to us but with as much sparingness of a Brother as he might We sent for my Lord Cobham to Richmond where he stood upon his Justification and his Quality sometimes being froward he said he was not bound to subscribe wherewith we made the King acquainted Cobham said if my Lord Chief Justice would say it were a Contempt he would subscribe whereof being resolved he subscribed There was a Light given to Aremberg that Lawrency was examined but that Raleigh knew that Cobham was examined is more than I know Raleigh If my Lord Cobham had trusted me in the Main was not I as fit a Man to be trusted in the Bye Lord Cecil Raleigh did by his Letters acquaint us that my Lord Cobham had sent Lawrency to Aremberg when he knew not he had any Dealings with him Lord H. How It made for you if Lawrency had been only acquainted with Cobham and not with you But you knew his whole Estate and were acquainted with Cobham's Practice with Lawrency and it was known to you before that Lawrency depended on Aremberg Attourney 1. Raleigh protested against the surprising Treason 2. That he knew not of the Matter touching Arabella I would not charge you Sir Walter with a matter of Falshood You say you suspected the Intelligence that Cobham had with Aremberg by Lawrency Raleigh I thought it had been no other Intelligence but such as might be vvarranted Attourney Then it was but lawful Suspicion But to that whereas you said that Cobham had accused you in Passion I answer three Ways 1.
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