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[^TEXT:  THE TRIAL OF SIR WALTER RALEIGH.
A COMPLETE COLLECTION OF STATE-TRIALS
AND PROCEEDINGS FOR HIGH-TREASON,
AND OTHER CRIMES AND MISDEMEANOURS;
FROM THE REIGN OF KING RICHARD II.
TO THE END OF THE REIGN OF KING GEORGE I.
SECOND EDITION, VOLS. I AND IV.
ED. F. HARGRAVE.
LONDON: PRINTED FOR J. WALTHOE SEN. ETC., 1730.
I, PP. 207.C2.42 - 210.C2.71   (SAMPLE 1)
I, PP. 212.C2.1  - 216.C2.13   (SAMPLE 2)^]

<S SAMPLE 1>
<P I,207.C2>
   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 extirpandae
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 Malice? to the
Children?
(^Raleigh.^) To whom speak you this? You tell me
News I never heard of.
(^Attorney.^) Oh Sir, do I? I will prove you the
notoriousest Traitor 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 Traitor that ever lived, and worthy to
be crucified with a thousand thousand Torments.
<P I,208.C1>
(^Attorney.^) 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.
(^Attorney.^) Thou shalt not.
(^Raleigh.^) It concerneth my Life.
(^Ld. Ch. Just.^) Sir (^Walter Raleigh^) , Mr. Attorney
is but yet in the General; but when the King's
Counsel have given the Evidence wholly, you shall
answer every Particular.
(^Attorney.^) Oh! do I touch you?
(^Lord Cecil.^) Mr. Attorney, when you have done
with this General Charge, do you not mean to
let him answer every Particular?
(^Attorney.^) 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 entertained this Motion, for he had four Letters
from (^Raleigh^) . (^Aremberg^) answer'd, The Money
should be performed, but knew not to whom
it should be distributed. Then (^Cobham^) and (^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, (^Scotish^)
Subversion. And again, you are not a fit Man
to take so much Money for procuring of a lawful
Peace, for Peace procured by Money is dishonourable.
Then (^Cobham^) must go to (^Spain^) , and
return by (^Jersey^) , 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^)
IV? 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. (^Attorney^) .
(^Attorney.^) 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?
(^Attorney.^) I will track you out before I have done.
(^Englishmen^) will not be led by persuasion of Words,
but they must have Books to persuade.
(^Raleigh.^) The Book was written by a Man of
your Profession, Mr. (^Attorney^) .
(^Attorney.^) I would not have you impatient.
(^Raleigh.^) Methinks you fall out with your self;
I say nothing.
(^Attorney.^) By this Book you would persuade Men,
that he is not the lawful King. Now let us consider
some Circumstances: My Lords, you know
my Lord (^Cobham^) (for whom we all lament and rejoice;
lament in that his House, which hath
stood so long unspotted, is now ruinated; rejoice,
in that his Treasons are reveal'd:) he is neither
<P I,208.C2>
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 (^Macchivelian^)
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 bade his Lordship be
of good Courage. Came this out of (^Cobham's^)
Quiver? No: but out of (^Raleigh's Macchivelian^)
and devilish Policy. Yea, but (^Cobham^) did retract
it; why then did ye 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 endeavour'd to have Intelligence from (^Cobham^) ,
which he had gotten by young Sir (^John
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^) .
(^Attorney.^) Thus (^Cobham^) , by the Instigation of
(^Raleigh^) , enter'd into these Actions: So that the
question will be, Whether you are not the principal
Traitor, and he would nevertheless have
enter'd into it? Why did (^Cobham^) retract all that
same? First, Because (^Raleigh^) was so odious, he
thought he should fare the worse for his sake.
Secondly, He thought thus with himself, If he be
free, I shall clear my self the better. After this,
(^Cobham^) asked for a Preacher to confer with, pretending
to have Dr. (^Andrews^) ; but indeed he
meant not to have him, but Mr. (^Galloway^) ; a
worthy and reverend Preacher, who can do more
with the King (as he said) than any other; that
he, seeing his constant Denial, might inform the
King thereof. Here he plays with the Preacher.
If (^Raleigh^) could persuade the Lords, that (^Cobham^)
had no intent to travel, then he thought all
should be well. Here is Forgery! In the (^Tower^)
(^Cobham^) must write to Sir (^Thomas Vane^) , a worthy
Man, that he meant not to go into (^Spain:^) which
Letter (^Raleigh^) devised in (^Cobham's^) Name.
(^Raleigh.^) I will wash my hands of the Indictment,
and die a true Man to the King.
(^Attorney.^) You are the absolutest Traitor that
ever was.
(^Raleigh.^) Your Phrases will not prove it, Mr.
(^Attorney^) .
(^Attorney.^) (^Cobham^) writeth a Letter to my Lord
(^Cecil^) , and doth will (^Mellis's^) Man to lay it in a
(^Spanish^) Bible, and to make as tho he found it by
chance. This was after he had Intelligence with
this Viper, that he was false.
(^Lord Cecil.^) You mean a Letter intended to me;
I never had it.
(^Attorney.^) No, my Lord, you had it not. You,
my Masters of the Jury, respect not the Wickedness
and Hatred of the Man, respect his Cause:
if he be guilty, I know you will have care of it,
for the Preservation of the King, the Continuance
of the Gospel authorized, and the Good of
us all.
<P I,209.C1>
(^Raleigh.^) I do not hear yet, that you have spoken
one word against me; here is no Treason of
mine done: If my Lord (^Cabham^) be a Traitor,
what is that to me?
(^Attorney.^) All that he did was by thy Instigation,
thou Viper; for I (^thou^) thee, thou Traitor.
(^Raleigh.^) It becometh not a Man of Quality and
Virtue, to call me so: But I take comfort in it,
it is all you can do.
(^Attorney.^) Have I anger'd you?
(^Raleigh.^) I am in no case to be angry.
(^C. J. Popham.^) Sir (^Walter Raleigh^) , Mr. Attorney
speaketh out of the Zeal of his Duty, for the
Service of the King, and you for your Life; be
valiant on both sides.

Now they proceed to the Reading the Proofs.

[}THE LORD COBHAM'S EXAMINATION READ.}]

   He confesseth, he had a Pass-port to go into
(^Spain^) , intending to go to the Archduke, to confer
with him about these Practices; and because he
knew the Archduke had not Money to pay his
own Army, from thence he meant to go to (^Spain^) ,
to deal with the King for the 600000 Crowns,
and to return by (^Jersey^) ; and that nothing should
be done, until he had spoken with Sir (^Walter Raleigh^)
for distribution of the Money to them which
were discontented in (^England^) . At the first beginning,
he breathed out Oaths and Exclamations
against (^Raleigh^) , calling him Villain and Traitor;
saying, he had never entred into these Courses,
but by his Instigation, and that he would never
let him alone.

Here Mr. Attorney willed the Clerk of the
Crown-Office to read over these last Words
again ( (^He would never let him alone.^) )

[}THE LORD COBHAM'S EXAMINATION.}]

   Besides he spake of Plots and Invasions; of the
Particulars whereof he could give no Account, tho
(^Raleigh^) and he had conferred of them. Further he
said, He was afraid of (^Raleigh^) , that when he should
return by (^Jersey^) , that he would have deliver'd him
and the Money to the King. Being examined of
Sir (^Arthur Gorge^) , he freed him, saying, They
never durst trust him; but Sir (^Arthur Savage^) they
intended to use, because they thought him a fit Man.
(^Raleigh.^) Let me see the Accusation: This is absolutely
all the Evidence can be brought against
me; poor Shifts! You Gentlemen of the Jury, I
pray you understand this. This is that which must
either condemn, or give me Life; which must free
me, or send my Wife and Children to beg their
Bread about the Streets: This is that must prove
me a notorious Traitor, or a true Subject to the
King. Let me see my Accusation, that I may
make my Answer.
(^Clerk of the Council.^) I did read it, and shew you
all the Examinations.
(^Raleigh.^) At my first Examination at (^Windsor^) , my
Lords asked me, what I knew of (^Cobham's^) Practice
with (^Aremberg^) , I answer'd negatively: And as
concerning (^Arabella^) , I protest before God, I never
heard one word of it. If that be proved, let me
be quilty of ten thousand Treasons. It is a strange
thing you will impute that to me, when I never
heard so much as the Name of (^Arabella Stuart^) , but
only the Name of (^Arabella^) .
<P I,209.C2>
   After being examin'd, I told my Lords, that I
thought my Lord (^Cobham^) had Conference with (^Aremberg^) ;
I suspected his visiting of him: for after
he departed from me at (^Durham-House^) , I saw him
pass by his own Stairs, and passed over to (^St. Mary
Saviours^) , where I knew (^Lawrency^) , a Merchant,
and a Follower of (^Aremberg^) , lay, and therefore
likely to go unto him. My Lord (^Cecil^) asked my
Opinion concerning (^Lawrency^) ; I said, that if you
do not apprehend (^Lawrency^) , it is dangerous, he will
fly: if you do apprehend him, you shall give my
Lord (^Cobham^) notice thereof. I was asked who
was the greatest Man with my Lord (^Cobham^) ; I
answer'd, I knew no Man so great with him, as
young (^Wyat^) of (^Kent^) .
   As soon as (^Cobham^) saw my Letter to have discover'd
his Dealing with (^Aremberg^) , in his Fury he accus'd
me; but before he came to the Stair-foot he
repented, and said he had done me wrong. When
he came to the end of his Accusation, he added,
that if he had brought this Money to (^Jersey^) , he
fear'd that I would have deliver'd him and the Money
to the King. Mr. Attorney, you said this never
came out of (^Cobham's^) Quiver; he is a simple
Man. Is he so simple? no; he hath a Disposition
of his own, he will not easily be guided by others;
but when he has once taken head in a Matter,
he is not easily drawn from it: he is no Babe. But
it is strange for me to devise with (^Cobham^) , that he
should go to (^Spain^) , to persuade the King to disburse
so much Money, he being a Man of no Love
in (^England^) , and I having resigned my room of
chiefest Command, the Wardenship of the (^Stannaries^) .
Is it not strange for me to make my self (^Robin
Hood^) , or a (^Kett^) , or a (^Cade?^) I knowing (^England^)   #
to
be in better Estate to defend it self than ever it
was. I knew (^Scotland^) united; (^Ireland^) quieted,
wherein of late our Forces were dispersed; (^Denmark^)
assured, which before was suspected. I knew,
that having lost a Lady whom Time had surpriz'd,
we had now an active King, a lawful Successor, who
would himself be present in all his Affairs. The
State of (^Spain^) was not unknown to me: I had written
a Discourse, which I had intended to present unto
the King, against Peace with (^Spain^) . I knew
the (^Spaniards^) had six Repulses; three in (^Ireland^) ,
and three at Sea, and once in 1588, at (^Cales^) , by
my Lord Admiral. I knew he was discourag'd and
dishonour'd. 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 Jesuits 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
knew the Queen did not lend the States Money,
without (^Flushing^) , (^Brill^) , and other Towns for a
Pawn. And can it be thought, that he would 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-Wages, (^&c.^)
I had of his, when I was examin'd, four thousand
Pounds worth of Jewels for a Purchase; a Pearl of
<P I,210.C1>
three thousand Pound; and a Ring worth five hundred
Pound. If he had had a fancy to run away,
he would not have left so much to have purchas'd a
Lease in Fee-Farm. I saw him buy three hundred
Pounds worth of Books to send to his Library at
(^Canterbury^) , and a Cabinet of thirty Pound, to give
to Mr. Attorney, for drawing the Conveyances:
and God in Heaven knoweth, not I, whether he
intended to travel or no. But for that Practice with
(^Arabella^) , or Letters to (^Aremberg^) framed, or any
Discourse with him, or in what Language he spake
unto him; if I knew any of these things, I would
absolutely confess the Indictment, and acknowledge
my self worthy ten thousand Deaths.

[}COBHAM'S SECOND EXAMINATION READ.}]

   The Lord (^Cobham^) being requir'd to subscribe to
an Examination, there was shewed a Note under Sir
(^Walter Raleigh's^) hand; the which when he had
perus'd, he paus'd, and after brake forth into
these Speeches: Oh Villain! Oh Traitor! I will
now tell you all the Truth; and then said, His
Purpose was to go into (^Flanders^) , and into (^Spain^) ,
for the obtaining the aforesaid Money; and that
(^Raleigh^) had appointed to meet him in (^Jersey^) as he
return'd home, to be advised of him about the
Distribution of the Money.
(^L. C. J. Popham.^) When (^Cobham^) answer'd to the
Interrogatories, he made scruple to subscribe; and
being urg'd 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
question'd with him further, and he shew'd them
a Letter, as I thought written to me, but it was
indeed written to my Lord (^Cecil:^) he desired to
see the Letter again, and then said, Oh Wretch!
Oh Traitor! whereby I perceiv'd you had not perform'd
that Trust he had reposed in you.
(^Raleigh.^) He is as passionate a Man as lives; for
he hath not spared the best Friends he hath in (^England^)
in his Passion. My Lords, I take it, he that
has been examined, has ever been asked at the
time of his Examination, if it be according to his
meaning, and then to subscribe. Methinks, my
Lords, when he accuses a Man, he should give
some Account and Reason of it: It is not sufficient
to say, we talked of it. If I had been the Plotter,
would not I have given (^Cobham^) some Arguments,
whereby to persuade the King of (^Spain^) , and answer
his Objections? I knew (^Westmoreland^) and
(^Bothwell^) , Men of other Understandings than (^Cobham^) ,
were ready to beg their Bread.
(^Sir^) Tho. Fowler, (^one of the Jury.^) Did Sir (^Walter
Raleigh^) write a Letter to my Lord before he was
examined concerning him, or not?
(^Attorney.^) Yes.
(^Lord Cecil.^) I am in great dispute with my self to
speak in the Case of this Gentleman: A former
Dearness between me and him, ty'd 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 King's Person
<P I,210.C2>
should be surprized 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 Terras, and willed him, as from the King, to
stay; saying, the Lords had something to say to
him: then he was examined, but not concerning
my Lord (^Cobham^) , but of the surprizing Treason.
My Lord (^Grey^) was apprehended, and likewise
(^Brook^) ; by (^Brook^) we found, that he had given notice
to (^Cobham^) of the surprizing Treason, as he
deliver'd 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
resolv'd, he subscrib'd. 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 Hen. Howard.^) It made for you, if (^Lawrency^)
had been only acquainted with (^Cobham^) , and not
with you. But you knew his whole Estate, and
were acquainted with (^Cobham's^) Practice with (^Lawrency^) ;
and it was known to you before, that (^Lawrency^)
depended on (^Aremberg^) .
(^Attorney.^) 1. (^Raleigh^) protested against the surprizing
Treason. 2. That he knew not of the Matter
touching (^Arabella^) . I would not charge you, Sir
(^Walter^) , with 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 warranted.
(^Attorney.^) Then it was but lawful Suspicion. But
to that whereas you said, that (^Cobham^) had accused
you in Passion, I answer three ways: 1. I observed
when (^Cobham^) said, Let me see the Letter
again, he paus'd; and when he did see that Count
(^Aremberg^) was touch'd, he cry'd out, Oh Traitor!
Oh Villain! now will I confess the whole Truth.
2. The Accusation of a Man on hearsay, is nothing:
Would he accuse himself on Passion, and
ruinate his Cause and Posterity, out of malice to
accuse you? 3. Could this be out of Passion?
Mark the Manner of it; (^Cobham^) had told this at
least two Months before to his Brother (^Brook, You
are Fools, you are on the Bye^) , Raleigh (^and I are on
the Main; we mean to take away the King and his
Cubs:^) this he deliver'd two Months before. So
mark the Manner and the Matter; he would not
turn the Weapon against his own Bosom, and accuse
himself to accuse you.
(^Raleigh.^) Hath (^Cobham^) confessed that?
(^Ld. Ch. Just.^) This is spoken by Mr. Attorney,
to prove that (^Cobham's^) Speech came not out of
Passion.
(^Raleigh.^) Let it be proved that (^Cobham^) said so.

<S SAMPLE 2>
<P I,212.C2>
(^Raleigh.^) The Attorney 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 Nobleman who
was not named some of the Money. I said, he
will not be persuaded by you, and he will extremely
hate you for such a Motion. Let me be pinched
to death with hot Irons, if ever I knew there
was any Intention to bestow the Money on discontented
Persons. I had made a Discourse against
the Peace, and would have printed it: If (^Cobham^)
changed his mind, if the Priests, if (^Brook^) had any
such Intent, what is that to me? They must answer
for it. He offered me the Mony before (^Aremberg^)
came, that is difference of time.
(^Serj. Philips.^) (^Raleigh^) confesseth the matter, but
avoideth it by distinguishing of Times. You said
it was offer'd 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 praesumitur
mentiri.\)
(^Ld. Henry Howard.^) Alledge 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?
(^Ld. 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?
(^Ld. Ch. Just.^) 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.
(^Judge 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.
(^Ld. Ch. Just.^) No, by Examination: If three
conspire a Treason, and they all confess it; here is
never a Witness, yet they are condemned.
(^Judge 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 will deny
all that which he hath said.
(^Raleigh.^) I know not how you conceive the Law.
(^Ld. Ch. Just.^) Nay, we 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;
<P I,213.C1>
but here my Accuser may, he is alive, and in the
House. (^Susanna^) had been condemned, if (^Daniel^)
had not cried out, (^Will you condemn an innocent^)
Israelite, (^without Examination or Knowledge of the
Truth?^) Remember, it is absolutely the Commandment
of God: If a false Witness rise up, you
shall cause him to be brought before the Judges;
if he be found false, he shall have the Punishment
which the Accused should have had. It is very
sure for my Lord to accuse me is my certain Danger,
and it may be a means to excuse himself.
(^Ld. Ch. Just.^) 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 King.
I did never hear that Course to be taken in a Case
of Treason, as to write one to another, or speak
one to another during the time of their Imprisonment.
There hath been Intelligence between you:
and what 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.
(^Ld. Ch. Just.^) You have no Law for it: God
forbid any Man should accuse himself upon his
Oath.
(^Attorn.^) The Law presumes, a Man will not accuse
himself to accuse another. You are an odious
Man: For (^Cobham^) thinks his Cause the worse that
you are in it. Now you shall hear of some Stirs
to be raised in (^Scotland^) .

[}PART OF COPLEY'S EXAMINATION.}]

   'Also (^Watson^) told me, that a special Person
told him, that (^Aremberg^) offer'd to him 1000
Crowns to be in that Action; and that (^Brook^)
said, the Stirs in (^Scotland^) came out of (^Raleigh's^)
Head.'
(^Raleigh.^) (^Brook^) hath been taught his Lesson.
(^Ld. Hen. Howard.^) 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.
(^Attorn.^) 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?
(^Attorn.^) Thou hast a (^Spanish^) Heart, and thy self
art a Spider of Hell; for thou confessest the King
<P I,213.C2>
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 ask'd 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
ask'd 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 ask'd, 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
Knowledge, another by Hear-say.
(^E. of Suffolk.^) See the Case of (^Arnold^) .
(^Ld. Ch. Just.^) It is the Case of Sir (^Wil. Thomas^) ,
and Sir (^Nicholas Arnold^) .
(^Raleigh.^) If this may be, you will have any Man's
Life in a Week.
(^Attorn.^) (^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.
(^Ld. Cecil.^) We have heard nothing that might
lead us to think that (^Brook^) accused you, he was
only in the surprizing Treason; for by accusing
you he should accuse his Brother.
(^Raleigh.^) He doth not care much for that.
(^Ld. Cecil.^) I must judge 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.'
(^Attorn.^) 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 settled, therefore laid
out all my loose Papers, amongst which was this
Book.
(^Ld. Howard.^) Where had you this Book?
(^Raleigh.^) In the old Lord Treasurer's Study, after
his Death.
<P I,214.C1>
(^Ld. Cecil.^) Did you ever shew or make known
the Book to me?
(^Raleigh.^) No, my Lord.
(^Ld. Cecil.^) Was it one of the Books which was
left to me or my Brother?
(^Raleigh.^) I took it out of the Study in my Lord
Treasurer's House in the (^Strand^) .
(^Ld. Cecil.^) After my Father's decease, Sir (^Walter
Raleigh^) desired to search for some Cosmographical
Descriptions of the (^Indies^) , which he thought were
in his Study, and were not to be had in Print;
which I granted, and would have trusted Sir (^Walter
Raleigh^) as soon as any Man: tho since for some
Infirmities, the Bands of my Affection to him have
been broken; and yet reserving my Duty to the
King my Master, which I can by no means dispense
with, by God I love him, and have a great Conflict
within my self: But I must needs say, Sir (^Walter^)
used me a little unkindly, to take the Book
away without my Knowledge; nevertheless, I
need make no Apology in behalf of my Father,
considering how useful and necessary it is for Privy
Counsellors, and those in his Place, to intercept
and keep such kind of Writings; for whosoever
should then search his Study, may in all likelihood
find all the notorious Libels that were writ against
the late Queen; and whosoever should rumage
my Study, at least my Cabinet, may find several
against the King, our Sovereign Lord, since his
Accession to the Throne.
(^Raleigh.^) The Book was in Manuscript, and
the late Lord Treasurer had wrote in the beginning
of it with his own Hand, these Words, (^This
is the Book of^) Robert Snagg. And I do own, as
my Lord (^Cecil^) has said, that I believe they may
also find in my House, almost all the Libels that
have been writ against the late Queen.
(^Attorn.^) You were no Privy-Councellor, and I
hope never shall be.
(^Ld. Cecil.^) He was not a sworn Counsellor of
State, but he has been called to Consultations.
(^Raleigh.^) I think it a very severe Interpretation
of the Law, to bring me within Compass of Treason
for this Book, writ so long ago, of which no
body had read any more than the Heads of the
Chapters, and which was burnt by (^G. Brook^) without
my Privity; admitting I had delivered the
same to the Lord (^Cobham^) , without allowing or
approving, but discommending it, according to
(^Cobham's^) first Accusation: and put the Case, I
should come to my Lord (^Cecil^) , as I have often
done, and find a Stranger with him, with a Packet
of Libels, and my Lord should let me have
one or two of them to peruse: This I hope is no
Treason.
(^Attorn.^) I observe there was Intelligence between
you and (^Cobham^) in the (^Tower^) ; for after he said, it
was against the King's Title, he denied it again.
(^Sir Will. Wade.^) First my Lord (^Cobham^) confesseth
it, and after he had subscribed it, he revoked it
again: To me he always said, that the Drift of
it was against the King's Title.
(^Raleigh.^) I protest before God, and all his Works,
I gave him not the Book.

(^Note^) , Sir (^Robert Wroth^) speaketh, or whispereth
something secretly.

(^Attorn.^) My Lords, I must complain of Sir (^Robert
Wroth^) , he says this Evidence is not material.
(^Sir Rob. Wroth.^) I never spake the words.
(^Attorn.^) Let Mr. Serjeant (^Philips^) testify, whether
he heard him say the words or no.
<P I,214.C2>
(^Ld. Cecil.^) I will give my Word for Sir (^Robert
Wroth^) .
(^Sir Rob. Wroth.^) I will speak as truly as you, Mr.
Attorney, for by God I never spake it.
(^Ld. Ch. Just.^) Wherefore should this Book be
burnt?
(^Raleigh.^) I burned it not.
(^Serj. Philips.^) You presented your Friend with it,
when he was discontented. If it had been before
the Queen's Death, it had been a less matter; but
you gave it him presently when he came from the
King, which was the time of this Discontentment.
(^Raleigh.^) Here is a Book supposed to be treasonable;
I never read it, commended it, or deliver'd
it, nor urged it.
(^Attorn.^) Why this is cunning.
(^Raleigh.^) Every thing that doth make for me is
cunning, and every thing that maketh against me
is probable.
(^Attorn.^) Lord (^Cobham^) saith, that (^Kemish^) came to
him with a Letter torn, and did wish him not to
be dismay'd, 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. Attorney; having of his at
that time a great Pearl and a Diamond.
(^Ld. 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 W. 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.
(^Ld. Cecil.^) (^Cobham^) was ask'd, whether, and when
he heard from you? he said; every day.
(^Raleigh.^) (^Kemish^) added more, I never bade him
speak those Words.

(^Note^) , Mr. Attorney here offered to interrupt him.

(^Ld. Cecil.^) It is his last Discourse; give him leave,
Mr. Attorney.
(^Raleigh.^) I am accused concerning (^Arabella^) , concerning
Money out of (^Spain^) . My Lord Chief Justice
saith, a Man may be condemned with one Witness,
yea, without any Witness. (^Cobham^) is guilty
of many things, (\Conscientia mille Testes\) ; he hath accused
himself, what can he hope for but Mercy?
My Lords, vouchsafe me this Grace: Let him be
brought, being alive, and in the House; let him
avouch any of these things, I will confess the whole
Indictment, and renounce the King's Mercy.
(^Ld. Cecil.^) Here hath been a touch of the Lady
(^Arabella Stuart^) , a near Kinswoman of the King's.
<P I,215.C1>
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
laugh'd at, and immediately sent it to the King. So
far was she from Discontentment, that she laugh'd
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.
(^Ld. 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 manner he hath forsworn it. Were it
not for his Accusation, all this were nothing.
Let him be asked, if I knew of the Letter which
(^Lawrency^) brought to him from (^Aremberg^) . Let me
speak for my Life, it can be no hurt for him to be
brought; he dares not accuse me. If you grant
me not this Favour, I am strangely used. (^Campian^)
was not denied to have his Accusers face to
face.
(^Ld. Ch. Just.^) Since he must needs have Justice,
the acquitting of his old Friend may move him
to speak otherwise than the Truth.
(^Raleigh.^) If I had been the Infuser of all these
Treasons into him; you Gentlemen of the Jury,
mark this, he said I have been the Cause of all his
Miseries, and the Destruction of his House, and
that all Evil hath happened unto him by my wicked
Counsel: If this be true, whom hath he cause
to accuse, and to be revenged on, but on me?
And I know him to be as revengeful as any Man
on Earth.
(^Attorn.^) 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.
(^Ld. 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.
(^Ld. Cecil.^) But dare you challenge it?
(^Raleigh.^) No.
(^Ld. 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
merely left to the Jury. Let me ask you this, If
my Lord (^Cobham^) will say you were the only Instigator
of him to proceed in the 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 the surprising Treason;
<P I,215.C2>
I put my self on it, God's Will and the King's
be done with me.
(^Ld. H. Howard.^) How! if he speak things equivalent
to that you have said?
(^Raleigh.^) Yes, in a main Point.
(^Ld. 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.
(^Ld. Cecil.^) Then Sir (^Walter 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
Attorney's Zeal in the King's Service, makes me
speak this.
(^Raleigh.^) Whosoever is the Workman, it is reason
he should give an account of his Work to the Workmaster.
But let it be proved that he acquainted
me with any of his Conferences with (^Aremberg:^)
he would surely have given me some account.
(^Ld. Cecil.^) That follows not: If I set you on
work, and you give me no account, am I therefore
innocent?
(^Attorn.^) 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 deliver'd this
Evidence.^)

(^Dyer.^) I came to a Merchant's House in (^Lisbon^) , to
see a Boy that I had there; there came a Gentleman
into the House, and enquiring what Countryman
I was, I said, an (^Englishman^) . Whereupon
he asked me, if the King was crowned? And I
answered, No, but that I hoped he should be 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?
(^Attorn.^) That your Treason hath Wings.
(^Raleigh.^) If (^Cobham^) did practise with (^Aremberg^) ,
how could it not but be known in (^Spain?^) Why did
they name the Duke of (^Buckingham^) with (^Jack
Straw's^) Treason, and the Duke of (^York^) with (^Jack
Cade^) , but that it was to countenance his Treason?
   Consider you Gentlemen of the Jury, there is
no Cause so doubtful which the King's 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
Murder: 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!
<P I,216.C1>
Remember what St. (^Austin^) says, (\Sic judicate tanquam
ab alio mox judicandi; unus judex, 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, judge so of me.
(^Serj. Philips.^) I hope to make this so clear, as that
the Wit of Man shall have no Colour to answer it.
The Matter is Treason in the highest Degree, the
End to deprive the King of his Crown. The particular
Treasons are these: First, to raise up Rebellion,
and to effect that, to procure Money; to
raise up Tumults in (^Scotland^) , by divulging a treasonable
Book against the King's Right to the
Crown; the purpose, to take away the Life of
his Majesty and his Issue. My Lord (^Cobham^) confesseth
Sir (^Walter Raleigh^) to be quilty of all these
Treasons. The Question is, whether he be guilty
as joining with him, or instigating of him? The
Course to prove this, was by my Lord (^Cobham's^) Accusation.
If that be true, he is guilty; if not, he
is clear. So whether (^Cobham^) say true, or (^Raleigh^) ,
that is the Question. (^Raleigh^) hath no
Answer, but the Shadow of as much Wit, as the
Wit of Man can devise. He useth his bare Denial;
the Denial of a Defendant must not move the
Jury. In the Star-Chamber, or in the Chancery,
for matter of Title, if the Defendant be called in
question, his Denial 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.
(^Attorn.^) Have you done? The King must have
the last.
(^Raleigh.^) Nay, Mr. Attorney, he which speaketh
for his Life, must speak last. False Repetitions
and Mistakings must not mar my Cause. You
should speak (\secundum allegata & probata\) . I appeal
to God and the King in this Point, whether (^Cobham's^)
Accusation be sufficient to condemn me?
(^Attorn.^) The King's Safety and your Clearing
cannot agree. I protest before God, I never knew
a clearer Treason.
(^Raleigh.^) I never had Intelligence with (^Cobham^)
since I came to the (^Tower^) .
(^Attorn.^) Go to, I will lay thee upon thy Back,
for the confidentest Traitor that ever came at a
Bar. Why should you take 8000 Crowns for a
Peace?
(^Ld. Cecil.^) Be not so impatient, good Mr. (^Attorney^) ,
give him leave to speak.
(^Attorney.^) If I may not be patiently heard, you
will encourage Traitors, and discourage us. I am
the King's sworn Servant, and must speak: If he
be Guilty, he is a Traitor; if not, deliver him.

(^Note^) , Here Mr. Attorney sat down in a Chase,
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 Jury; and at the repeating of some
things, Sir (^Walter Raleigh^) interrupted him,
and said, he did him wrong.
<P I,216.C2>
(^Attorney.^) Thou art the most vile and execrable
Traitor that ever lived.
(^Raleigh.^) You speak indiscreetly, barbarously and
uncivilly.
(^Attorney.^) I want Words sufficient to express thy
viperous Treasons.
(^Raleigh.^) I think you want Words indeed, for
you have spoken one thing half a dozen times.
(^Attorney.^) Thou art an odious Fellow, thy Name
is hateful to all the Realm of (^England^) for thy
Pride.
(^Raleigh.^) It will go near to prove a measuring
Cast between you and me, Mr. (^Attorney^) .



