Now I come to your Charge , you of the Jury : (RALEIGH-E2-H,I,207.C2.2) The Greatness of Treason is to be considered in these two things , Determinatione finis , and Electione mediorum . (RALEIGH-E2-H,I,207.C2.3) This Treason excelleth in both , for that it was to destroy the King and his Progeny . (RALEIGH-E2-H,I,207.C2.4) These Treasons are said to be Crimen laesae Majestatis ; (RALEIGH-E2-H,I,207.C2.5) this goeth further , (RALEIGH-E2-H,I,207.C2.6) and may be term'd , Crimen extirpandae Regiae Majestatis , & totius Progeniei suae . (RALEIGH-E2-H,I,207.C2.7) 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 . (RALEIGH-E2-H,I,207.C2.8) But to whom do you bear Malice ? (RALEIGH-E2-H,I,207.C2.9) to the Children ? (RALEIGH-E2-H,I,207.C2.10) Raleigh . To whom speak you this ? (RALEIGH-E2-H,I,207.C2.11) You tell me News I never heard of . (RALEIGH-E2-H,I,207.C2.12) Attorney . Oh Sir , do I ? (RALEIGH-E2-H,I,207.C2.13) I will prove you the notoriousest Traitor that ever came to the Bar . (RALEIGH-E2-H,I,207.C2.14) After you have taken away the King , you would alter Religion : as you , Sir Walter Raleigh , have followed them of the Bye in Imitation ; (RALEIGH-E2-H,I,207.C2.15) for I will charge you with the Words . (RALEIGH-E2-H,I,207.C2.16) Raleigh . Your Words $can $not {TEXT:cannot} condemn me ; (RALEIGH-E2-H,I,207.C2.17) my Innocency is my Defence . (RALEIGH-E2-H,I,207.C2.18) Prove one of these things wherewith you have charg'd me , (RALEIGH-E2-H,I,207.C2.19) 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 . (RALEIGH-E2-H,I,207.C2.20) Attorney . Nay , I will prove all : (RALEIGH-E2-H,I,208.C1.22) Thou art a Monster ; (RALEIGH-E2-H,I,208.C1.23) thou hast an English Face , but a Spanish Heart . (RALEIGH-E2-H,I,208.C1.24) Now you must have Money : (RALEIGH-E2-H,I,208.C1.25) 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-E2-H,I,208.C1.26) Raleigh . Let me answer for my self . (RALEIGH-E2-H,I,208.C1.27) Attorney . Thou shalt not . (RALEIGH-E2-H,I,208.C1.28) Raleigh . It concerneth my Life . (RALEIGH-E2-H,I,208.C1.29) Ld. Ch. Just. Sir Walter Raleigh , Mr. Attorney is but yet in the General ; (RALEIGH-E2-H,I,208.C1.30) but when the King's Counsel have given the Evidence wholly , you shall answer every Particular . (RALEIGH-E2-H,I,208.C1.31) Attorney . Oh ! do I touch you ? (RALEIGH-E2-H,I,208.C1.32) Lord Cecil . Mr. Attorney , when you have done with this General Charge , do you not mean to let him answer every Particular ? (RALEIGH-E2-H,I,208.C1.33) Attorney . Yes , when we deliver the Proofs to be read . (RALEIGH-E2-H,I,208.C1.34) Raleigh procured Cobham to go to Aremberg ; which he did by his Instigation : (RALEIGH-E2-H,I,208.C1.35) Raleigh supped with Cobham before he went to Aremberg ; (RALEIGH-E2-H,I,208.C1.36) after Supper , Raleigh conducted him to Durham-House ; from whence Cobham went with Lawrency , a Servant of Aremberg's , unto him , (RALEIGH-E2-H,I,208.C1.37) and went in by a Back-way . (RALEIGH-E2-H,I,208.C1.38) Cobham could never be quiet until he had entertained this Motion , (RALEIGH-E2-H,I,208.C1.39) for he had four Letters from Raleigh . (RALEIGH-E2-H,I,208.C1.40) Aremberg answer'd , The Money should be performed , (RALEIGH-E2-H,I,208.C1.41) but knew not to whom it should be distributed . (RALEIGH-E2-H,I,208.C1.42) Then Cobham and Lawrency came back to Durham-House , where they found Raleigh . (RALEIGH-E2-H,I,208.C1.43) Cobham and Raleigh went up , (RALEIGH-E2-H,I,208.C1.44) and left Lawrency below , where they had secret Conference in a Gallery ; (RALEIGH-E2-H,I,208.C1.45) and after , Cobham and Lawrency departed from Raleigh . (RALEIGH-E2-H,I,208.C1.46) Your Jargon was Peace : What is that ? (RALEIGH-E2-H,I,208.C1.47) Spanish Invasion , (RALEIGH-E2-H,I,208.C1.48) Scotish Subversion . (RALEIGH-E2-H,I,208.C1.49) And again , you are not a fit Man to take so much Money for procuring of a lawful Peace , (RALEIGH-E2-H,I,208.C1.50) for Peace procured by Money is dishonourable . (RALEIGH-E2-H,I,208.C1.51) Then Cobham must go to Spain , and return by Jersey , where you were Captain : (RALEIGH-E2-H,I,208.C1.52) 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 . (RALEIGH-E2-H,I,208.C1.53) Would you have deposed so good a King , lineally descended of Elizabeth , eldest Daughter of Edward IV ? (RALEIGH-E2-H,I,208.C1.54) Why then must you set up another ? (RALEIGH-E2-H,I,208.C1.55) I think you meant to make Arabella a Titular Queen , of whose Title I will speak nothing ; (RALEIGH-E2-H,I,208.C1.56) but sure you meant to make her a Stale . (RALEIGH-E2-H,I,208.C1.57) Ah ! good Lady , you could mean her no Good . (RALEIGH-E2-H,I,208.C1.58) Raleigh . You tell me News , Mr. Attorney . (RALEIGH-E2-H,I,208.C1.59) Attorney . Oh Sir ! I am the more large , because I know with whom I deal : (RALEIGH-E2-H,I,208.C1.60) For we have to deal to-day with a Man of Wit . (RALEIGH-E2-H,I,208.C1.61) Raleigh . Did I ever speak with this Lady ? (RALEIGH-E2-H,I,208.C1.62) Attorney . I will track you out before I have done . (RALEIGH-E2-H,I,208.C1.63) Englishmen will not be led by persuasion of Words , (RALEIGH-E2-H,I,208.C1.64) but they must have Books to persuade . (RALEIGH-E2-H,I,208.C1.65) Raleigh . The Book was written by a Man of your Profession , Mr. Attorney . (RALEIGH-E2-H,I,208.C1.66) Attorney . I would not have you impatient . (RALEIGH-E2-H,I,208.C1.67) Raleigh . $Me thinks {TEXT:Methinks} you fall out with your self ; (RALEIGH-E2-H,I,208.C1.68) I say nothing . (RALEIGH-E2-H,I,208.C1.69) Attorney . By this Book you would persuade Men , that he is not the lawful King . (RALEIGH-E2-H,I,208.C1.70) Now let us consider some Circumstances : (RALEIGH-E2-H,I,208.C1.71) 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 : (RALEIGH-E2-H,I,208.C1.72) he is neither Politician nor Sword-man ; (RALEIGH-E2-H,I,208.C2.73) Raleigh was both , united in the Cause with him , and therefore Cause of his Destruction . (RALEIGH-E2-H,I,208.C2.74) Another Circumstance is , the secret Contriving of it . (RALEIGH-E2-H,I,208.C2.75) Humphry Stafford claimed Sanctuary for Treason . (RALEIGH-E2-H,I,208.C2.76) Raleigh , in his Macchivelian Policy , hath made a Sanctuary for Treason . (RALEIGH-E2-H,I,208.C2.77) He must talk with none but Cobham ; because , saith he , one Witness can never condemn me . (RALEIGH-E2-H,I,208.C2.78) For Brook said unto Sir Griffith Markham , Take heed how you do make my Lord Cobham acquainted ; (RALEIGH-E2-H,I,208.C2.79) for whatsoever he knoweth , Raleigh the Witch will get it out of him . (RALEIGH-E2-H,I,208.C2.80) As soon as Raleigh was examined on one point of Treason concerning my Lord Cobham , he wrote to him thus ; (RALEIGH-E2-H,I,208.C2.81) I have been examined of you , and confessed nothing . (RALEIGH-E2-H,I,208.C2.82) Further , you sent to him by your trusty Francis Kemish , that one Witness could not condemn ; (RALEIGH-E2-H,I,208.C2.83) and therefore bade his Lordship be of good Courage . (RALEIGH-E2-H,I,208.C2.84) Came this out of Cobham's Quiver ? (RALEIGH-E2-H,I,208.C2.85) No : but out of Raleigh's Macchivelian and devilish Policy . (RALEIGH-E2-H,I,208.C2.86) Yea , but Cobham did retract it ; (RALEIGH-E2-H,I,208.C2.87) why then did ye urge it ? (RALEIGH-E2-H,I,208.C2.88) Now then see the most horrible Practices that ever came out of the bottomless Pit of the lowest Hell . (RALEIGH-E2-H,I,208.C2.89) 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 : (RALEIGH-E2-H,I,208.C2.90) But I think it was the Error of his Youth . (RALEIGH-E2-H,I,208.C2.91) Raleigh . The Lords told it me , (RALEIGH-E2-H,I,208.C2.92) or else I had not been sent to the Tower . (RALEIGH-E2-H,I,208.C2.93) 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 ? (RALEIGH-E2-H,I,208.C2.94) Why did Cobham retract all that same ? (RALEIGH-E2-H,I,208.C2.95) First , Because Raleigh was so odious , he thought he should fare the worse for his sake . (RALEIGH-E2-H,I,208.C2.96) Secondly , He thought thus with himself , (RALEIGH-E2-H,I,208.C2.97) If he be free , I shall clear my self the better . (RALEIGH-E2-H,I,208.C2.98) After this , Cobham asked for a Preacher to confer with , pretending to have Dr. Andrews ; (RALEIGH-E2-H,I,208.C2.99) but indeed he meant not-1 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 . (RALEIGH-E2-H,I,208.C2.100) Here he plays with the Preacher . (RALEIGH-E2-H,I,208.C2.101) If Raleigh could persuade the Lords , that Cobham had no intent to travel , then he thought all should be well . (RALEIGH-E2-H,I,208.C2.102) Here is Forgery ! (RALEIGH-E2-H,I,208.C2.103) 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-E2-H,I,208.C2.104) Raleigh . I will wash my hands of the Indictment , and die a true Man to the King . (RALEIGH-E2-H,I,208.C2.105) Attorney . You are the absolutest Traitor that ever was . (RALEIGH-E2-H,I,208.C2.106) Raleigh . Your Phrases will not prove it , Mr. Attorney . (RALEIGH-E2-H,I,208.C2.107) Attorney . Cobham writeth a Letter to my Lord Cecil , (RALEIGH-E2-H,I,208.C2.108) and doth will Mellis's Man to lay it in a Spanish Bible , and to make as tho he found it by chance . (RALEIGH-E2-H,I,208.C2.109) This was after he had Intelligence with this Viper , that he was false . (RALEIGH-E2-H,I,208.C2.110) Lord Cecil . You mean a Letter intended to me ; (RALEIGH-E2-H,I,208.C2.111) I never had it . (RALEIGH-E2-H,I,208.C2.112) Attorney . No , my Lord , you had it not . (RALEIGH-E2-H,I,208.C2.113) You , my Masters of the Jury , respect not the Wickedness and Hatred of the Man , (RALEIGH-E2-H,I,208.C2.114) respect his Cause : (RALEIGH-E2-H,I,208.C2.115) 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 . (RALEIGH-E2-H,I,208.C2.116) Raleigh . I do not hear yet , that you have spoken one word against me ; (RALEIGH-E2-H,I,209.C1.118) here is no Treason of mine done : (RALEIGH-E2-H,I,209.C1.119) If my Lord Cabham be a Traitor , what is that to me ? (RALEIGH-E2-H,I,209.C1.120) Attorney . All that he did was by thy Instigation , thou Viper ; (RALEIGH-E2-H,I,209.C1.121) for I thou thee , thou Traitor . (RALEIGH-E2-H,I,209.C1.122) Raleigh . It becometh not a Man of Quality and Virtue , to call me so : (RALEIGH-E2-H,I,209.C1.123) But I take comfort in it , (RALEIGH-E2-H,I,209.C1.124) it is all you can do . (RALEIGH-E2-H,I,209.C1.125) Attorney . Have I anger'd you ? (RALEIGH-E2-H,I,209.C1.126) Raleigh . I am in no case to be angry . (RALEIGH-E2-H,I,209.C1.127) 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 ; (RALEIGH-E2-H,I,209.C1.128) be valiant on both sides . (RALEIGH-E2-H,I,209.C1.129) Now they proceed to the Reading the Proofs . (RALEIGH-E2-H,I,209.C1.130) THE LORD COBHAM'S EXAMINATION READ . (RALEIGH-E2-H,I,209.C1.132) 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 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 . (RALEIGH-E2-H,I,209.C1.134) 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 . (RALEIGH-E2-H,I,209.C1.135) Here Mr. Attorney willed the Clerk of the Crown-Office to read over these last Words again He would never let him alone . (RALEIGH-E2-H,I,209.C1.136) THE LORD COBHAM'S EXAMINATION . (RALEIGH-E2-H,I,209.C1.138) Besides he spake of Plots and Invasions ; of the Particulars whereof he could give no Account , tho Raleigh and he had conferred of them . (RALEIGH-E2-H,I,209.C1.140) 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 . (RALEIGH-E2-H,I,209.C1.141) Being examined of Sir Arthur Gorge , he freed him , saying , They never durst trust him ; (RALEIGH-E2-H,I,209.C1.142) but Sir Arthur Savage they intended to use , because they thought him a fit Man . (RALEIGH-E2-H,I,209.C1.143) Raleigh . Let me see the Accusation : (RALEIGH-E2-H,I,209.C1.144) This is absolutely all the Evidence can be brought against me ; poor Shifts ! (RALEIGH-E2-H,I,209.C1.145) You Gentlemen of the Jury , I pray you understand this . (RALEIGH-E2-H,I,209.C1.146) 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 : (RALEIGH-E2-H,I,209.C1.147) This is that must prove me a notorious Traitor , or a true Subject to the King . (RALEIGH-E2-H,I,209.C1.148) Let me see my Accusation , that I may make my Answer . (RALEIGH-E2-H,I,209.C1.149) Clerk of the Council . I did read it , and shew you all the Examinations . (RALEIGH-E2-H,I,209.C1.150) Raleigh . At my first Examination at Windsor , my Lords asked me , what I knew of Cobham's Practice with Aremberg , (RALEIGH-E2-H,I,209.C1.151) I answer'd negatively : (RALEIGH-E2-H,I,209.C1.152) And as concerning Arabella , I protest before God , I never heard one word of it . (RALEIGH-E2-H,I,209.C1.153) If that be proved , let me be quilty of ten thousand Treasons . (RALEIGH-E2-H,I,209.C1.154) 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 . (RALEIGH-E2-H,I,209.C1.155) After being examin'd , I told my Lords , that I thought my Lord Cobham had Conference with Aremberg ; (RALEIGH-E2-H,I,209.C2.157) I suspected his visiting of him : (RALEIGH-E2-H,I,209.C2.158) for after he departed from me at Durham-House , I saw him pass by his own Stairs , (RALEIGH-E2-H,I,209.C2.159) and passed over to St. Mary Saviours , where I knew Lawrency , a Merchant , and a Follower of Aremberg , lay , (RALEIGH-E2-H,I,209.C2.160) and therefore likely to go unto him . (RALEIGH-E2-H,I,209.C2.161) My Lord Cecil asked my Opinion concerning Lawrency ; (RALEIGH-E2-H,I,209.C2.162) I said , that if you do not apprehend Lawrency , it is dangerous , (RALEIGH-E2-H,I,209.C2.163) he will fly : (RALEIGH-E2-H,I,209.C2.164) if you do apprehend him , you shall give my Lord Cobham notice thereof . (RALEIGH-E2-H,I,209.C2.165) I was asked who was the greatest Man with my Lord Cobham ; (RALEIGH-E2-H,I,209.C2.166) I answer'd , I knew no Man so great with him , as young Wyat of Kent . (RALEIGH-E2-H,I,209.C2.167) As soon as Cobham saw my Letter to have discover'd his Dealing with Aremberg , in his Fury he accus'd me ; (RALEIGH-E2-H,I,209.C2.168) but before he came to the Stair-foot he repented , (RALEIGH-E2-H,I,209.C2.169) and said he had done me wrong . (RALEIGH-E2-H,I,209.C2.170) 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 . (RALEIGH-E2-H,I,209.C2.171) Mr. Attorney , you said this never came out of Cobham's Quiver ; (RALEIGH-E2-H,I,209.C2.172) he is a simple Man . (RALEIGH-E2-H,I,209.C2.173) Is he so simple ? (RALEIGH-E2-H,I,209.C2.174) no ; he hath a Disposition of his own , (RALEIGH-E2-H,I,209.C2.175) he will not easily be guided by others ; (RALEIGH-E2-H,I,209.C2.176) but when he has once taken head in a Matter , he is not easily drawn from it : (RALEIGH-E2-H,I,209.C2.177) he is no Babe . (RALEIGH-E2-H,I,209.C2.178) 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 . (RALEIGH-E2-H,I,209.C2.179) Is it not strange for me to make my self Robin Hood , or a Kett , or a Cade ? (RALEIGH-E2-H,I,209.C2.180) I knowing England to be in better Estate to defend it self than ever it was . (RALEIGH-E2-H,I,209.C2.181) I knew Scotland united ; Ireland quieted , wherein of late our Forces were dispersed ; Denmark assured , which before was suspected . (RALEIGH-E2-H,I,209.C2.182) 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 . (RALEIGH-E2-H,I,209.C2.183) The State of Spain was not unknown to me : (RALEIGH-E2-H,I,209.C2.184) I had written a Discourse , which I had intended to present unto the King , against Peace with Spain . (RALEIGH-E2-H,I,209.C2.185) I knew the Spaniards had six Repulses ; three in Ireland , and three at Sea , and once in 1588 , at Cales , by my Lord Admiral . (RALEIGH-E2-H,I,209.C2.186) I knew he was discourag'd and dishonour'd . (RALEIGH-E2-H,I,209.C2.187) I knew the King of Spain to be the proudest Prince in Christendom ; (RALEIGH-E2-H,I,209.C2.188) but now he cometh creeping to the King my Master for Peace . (RALEIGH-E2-H,I,209.C2.189) I knew , whereas before he had in his Port six or seven score Sail of Ships , he hath now but six or seven . (RALEIGH-E2-H,I,209.C2.190) I knew of twenty five Millions he had from his Indies , he hath scarce one left . (RALEIGH-E2-H,I,209.C2.191) 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 . (RALEIGH-E2-H,I,209.C2.192) Was it ever read or heard , that any Prince should disburse so much Money without a sufficient Pawn ? (RALEIGH-E2-H,I,209.C2.193) I knew her own Subjects , the Citizens of London , would not lend her Majesty Money , without Lands in Mortgage . (RALEIGH-E2-H,I,209.C2.194) I knew the Queen did not lend the States Money , without Flushing , Brill , and other Towns for a Pawn . (RALEIGH-E2-H,I,209.C2.195) And can it be thought , that he would let Cobham have so great a Sum ? (RALEIGH-E2-H,I,209.C2.196) 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 . (RALEIGH-E2-H,I,209.C2.197) I had of his , when I was examin'd , four thousand Pounds worth of Jewels for a Purchase ; a Pearl of three thousand Pound ; and a Ring worth five hundred Pound . (RALEIGH-E2-H,I,210.C1.198) 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 . (RALEIGH-E2-H,I,210.C1.199) 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 : (RALEIGH-E2-H,I,210.C1.200) and God in Heaven knoweth , not I , whether he intended to travel or no . (RALEIGH-E2-H,I,210.C1.201) 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 . (RALEIGH-E2-H,I,210.C1.202) COBHAM'S SECOND EXAMINATION READ . (RALEIGH-E2-H,I,210.C1.204) 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 ! (RALEIGH-E2-H,I,210.C1.206) I will now tell you all the Truth ; (RALEIGH-E2-H,I,210.C1.207) 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 . (RALEIGH-E2-H,I,210.C1.208) L. C. J. Popham . When Cobham answer'd to the Interrogatories , he made scruple to subscribe ; (RALEIGH-E2-H,I,210.C1.209) 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 : (RALEIGH-E2-H,I,210.C1.210) I lying then at Richmond for fear of the Plague , was sent for , (RALEIGH-E2-H,I,210.C1.211) and I told he ought to subscribe ; (RALEIGH-E2-H,I,210.C1.212) otherwise it were a Contempt of a high nature : (RALEIGH-E2-H,I,210.C1.213) then he subscribed . (RALEIGH-E2-H,I,210.C1.214) The Lords question'd with him further , (RALEIGH-E2-H,I,210.C1.215) and he shew'd them a Letter , as I thought written to me , (RALEIGH-E2-H,I,210.C1.216) but it was indeed written to my Lord Cecil : (RALEIGH-E2-H,I,210.C1.217) he desired to see the Letter again , (RALEIGH-E2-H,I,210.C1.218) and then said , Oh Wretch ! Oh Traitor ! whereby I perceiv'd you had not perform'd that Trust he had reposed in you . (RALEIGH-E2-H,I,210.C1.219) Raleigh . He is as passionate a Man as lives ; (RALEIGH-E2-H,I,210.C1.220) for he hath not spared the best Friends he hath in England in his Passion . (RALEIGH-E2-H,I,210.C1.221) 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 . (RALEIGH-E2-H,I,210.C1.222) $Me $thinks {TEXT:Methinks} , my Lords , when he accuses a Man , he should give some Account and Reason of it : (RALEIGH-E2-H,I,210.C1.223) It is not sufficient to say , we talked of it . (RALEIGH-E2-H,I,210.C1.224) 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 ? (RALEIGH-E2-H,I,210.C1.225) I knew Westmoreland and Bothwell , Men of other Understandings than Cobham , were ready to beg their Bread . (RALEIGH-E2-H,I,210.C1.226) 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 ? (RALEIGH-E2-H,I,210.C1.227) Attorney . Yes . (RALEIGH-E2-H,I,210.C1.228) Lord Cecil . I am in great dispute with my self to speak in the Case of this Gentleman : (RALEIGH-E2-H,I,210.C1.229) 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 . (RALEIGH-E2-H,I,210.C1.230) 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 ; (RALEIGH-E2-H,I,210.C1.231) 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 . (RALEIGH-E2-H,I,210.C1.232) Sir Walter Raleigh was staid by me at Windsor , upon the first News of Copley , that the King's Person should be surprized by my Lord Grey , and Mr. George Brook ; (RALEIGH-E2-H,I,210.C2.233) when I found Brook was in , I suspected Cobham , (RALEIGH-E2-H,I,210.C2.234) then I doubted Raleigh to be a Partaker . (RALEIGH-E2-H,I,210.C2.235) 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-E2-H,I,210.C2.236) Raleigh following to Windsor , I met with him upon the Terras , (RALEIGH-E2-H,I,210.C2.237) and willed him , as from the King , to stay ; saying , the Lords had something to say to him : (RALEIGH-E2-H,I,210.C2.238) then he was examined , but not concerning my Lord Cobham , but of the surprizing Treason . (RALEIGH-E2-H,I,210.C2.239) My Lord Grey was apprehended , and likewise Brook ; (RALEIGH-E2-H,I,210.C2.240) 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 . (RALEIGH-E2-H,I,210.C2.241) We sent for my Lord Cobham to Richmond , where he stood upon his Justification , and his Quality ; (RALEIGH-E2-H,I,210.C2.242) sometimes being froward , he said he was not bound to subscribe , wherewith we made the King acquainted . (RALEIGH-E2-H,I,210.C2.243) Cobham said , if my Lord Chief Justice would say it were a Contempt , he would subscribe ; whereof being resolv'd , he subscrib'd . (RALEIGH-E2-H,I,210.C2.244) There was a Light given to Aremberg , that Lawrency was examined ; (RALEIGH-E2-H,I,210.C2.245) but that Raleigh knew that Cobham was examined , is more than I know . (RALEIGH-E2-H,I,210.C2.246) Raleigh . If my Lord Cobham had trusted me in the Main , was not I as fit a Man to be trusted in the Bye ? (RALEIGH-E2-H,I,210.C2.247) 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 . (RALEIGH-E2-H,I,210.C2.248) Lord Hen. Howard . It made for you , if Lawrency had been only-1 acquainted with Cobham , and not with you . (RALEIGH-E2-H,I,210.C2.249) But you knew his whole Estate , (RALEIGH-E2-H,I,210.C2.250) and were acquainted with Cobham's Practice with Lawrency ; (RALEIGH-E2-H,I,210.C2.251) and it was known to you before , that Lawrency depended on Aremberg . (RALEIGH-E2-H,I,210.C2.252) Attorney . 1 . Raleigh protested against the surprizing Treason . (RALEIGH-E2-H,I,210.C2.253) 2 . That he knew not of the Matter touching Arabella . (RALEIGH-E2-H,I,210.C2.254) I would not charge you , Sir Walter , with a Matter of Falshood : (RALEIGH-E2-H,I,210.C2.255) You say you suspected the Intelligence that Cobham had with Aremberg by Lawrency . (RALEIGH-E2-H,I,210.C2.256) Raleigh . I thought it had been no other Intelligence , but such as might be warranted . (RALEIGH-E2-H,I,210.C2.257) Attorney . Then it was but lawful Suspicion . (RALEIGH-E2-H,I,210.C2.258) But to that whereas you said , that Cobham had accused you in Passion , I answer three ways : (RALEIGH-E2-H,I,210.C2.259) 1 . (RALEIGH-E2-H,I,210.C2.260) I observed when Cobham said , Let me see the Letter again , he paus'd ; (RALEIGH-E2-H,I,210.C2.261) 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 . (RALEIGH-E2-H,I,210.C2.262) 2 . (RALEIGH-E2-H,I,210.C2.263) The Accusation of a Man on hearsay , is nothing : (RALEIGH-E2-H,I,210.C2.264) Would he accuse himself on Passion , and ruinate his Cause and Posterity , out of malice to accuse you ? (RALEIGH-E2-H,I,210.C2.265) 3 . (RALEIGH-E2-H,I,210.C2.266) Could this be out of Passion ? (RALEIGH-E2-H,I,210.C2.267) Mark the Manner of it ; (RALEIGH-E2-H,I,210.C2.268) Cobham had told this at least two Months before to his Brother Brook , You are Fools , (RALEIGH-E2-H,I,210.C2.269) you are on the Bye , (RALEIGH-E2-H,I,210.C2.270) Raleigh and I are on the Main ; (RALEIGH-E2-H,I,210.C2.271) we mean to take away the King and his Cubs : (RALEIGH-E2-H,I,210.C2.272) this he deliver'd two Months before . (RALEIGH-E2-H,I,210.C2.273) So mark the Manner and the Matter ; (RALEIGH-E2-H,I,210.C2.274) he would not turn the Weapon against his own Bosom , and accuse himself to accuse you . (RALEIGH-E2-H,I,210.C2.275) Raleigh . Hath Cobham confessed that ? (RALEIGH-E2-H,I,210.C2.276) Ld. Ch. Just. This is spoken by Mr. Attorney , to prove that Cobham's Speech came not out of Passion . (RALEIGH-E2-H,I,210.C2.277) Raleigh . Let it be proved that Cobham said so . (RALEIGH-E2-H,I,210.C2.278) Raleigh . The Attorney hath made a long Narration of Copley , and the Priests , which concerns me nothing , (RALEIGH-E2-H,I,212.C2.280) neither know I how Cobham was alter'd . (RALEIGH-E2-H,I,212.C2.281) For he told me , if I would agree to further the Peace , he would get me Crowns . (RALEIGH-E2-H,I,212.C2.282) I asked him , Who shall have the rest of the Money ? (RALEIGH-E2-H,I,212.C2.283) He said , I will offer such a Nobleman who was not named some of the Money . (RALEIGH-E2-H,I,212.C2.284) I said , he will not be persuaded by you , (RALEIGH-E2-H,I,212.C2.285) and he will extremely hate you for such a Motion . (RALEIGH-E2-H,I,212.C2.286) Let me be pinched to death with hot Irons , if ever I knew there was any Intention to bestow the Money on discontented Persons . (RALEIGH-E2-H,I,212.C2.287) I had made a Discourse against the Peace , (RALEIGH-E2-H,I,212.C2.288) and would have printed it : (RALEIGH-E2-H,I,212.C2.289) If Cobham changed his mind , if the Priests , if Brook had any such Intent , what is that to me ? (RALEIGH-E2-H,I,212.C2.290) They must answer for it . (RALEIGH-E2-H,I,212.C2.291) He offered me the Mony before Aremberg came , (RALEIGH-E2-H,I,212.C2.292) that is difference of time . (RALEIGH-E2-H,I,212.C2.293) Serj. Philips . Raleigh confesseth the matter , (RALEIGH-E2-H,I,212.C2.294) but avoideth it by distinguishing of Times . (RALEIGH-E2-H,I,212.C2.295) You said it was offer'd you before the coming of Aremberg , which is false . (RALEIGH-E2-H,I,212.C2.296) 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 . (RALEIGH-E2-H,I,212.C2.297) Nemo moriturus praesumitur mentiri . (RALEIGH-E2-H,I,212.C2.298) 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-E2-H,I,212.C2.299) Raleigh . Could I stop my Lord Cobham's Mouth ? (RALEIGH-E2-H,I,212.C2.300) Ld. Cecil . Sir Walter Raleigh presseth , that my Lord Cobham should be brought Face to Face . (RALEIGH-E2-H,I,212.C2.301) If he ask things of Favour and Grace , they must come only from him that can give them . (RALEIGH-E2-H,I,212.C2.302) If we sit here as Commissioners , how shall we be satisfied whether he ought to be brought , unless we hear the Judges speak ? (RALEIGH-E2-H,I,212.C2.303) Ld. Ch. Just. This thing $can $not {TEXT:cannot} be granted , (RALEIGH-E2-H,I,212.C2.304) for then a number of Treasons should flourish : (RALEIGH-E2-H,I,212.C2.305) The Accuser may be drawn by Practice , whilst he is in Person . (RALEIGH-E2-H,I,212.C2.306) Judge Gawdy . The Statute you speak of , concerning two Witnesses in Case of Treason , is found to be inconvenient , (RALEIGH-E2-H,I,212.C2.307) therefore by another Law it was taken away . (RALEIGH-E2-H,I,212.C2.308) Raleigh . The common Trial of England is by Jury and Witnesses . (RALEIGH-E2-H,I,212.C2.309) Ld. Ch. Just. No , by Examination : (RALEIGH-E2-H,I,212.C2.310) If three conspire a Treason , and they all confess it ; here is never a Witness , (RALEIGH-E2-H,I,212.C2.311) yet they are condemned . (RALEIGH-E2-H,I,212.C2.312) Judge Warburton . I marvel , Sir Walter , that you being of such Experience and Wit , should stand on this Point ; (RALEIGH-E2-H,I,212.C2.313) for so many Horse-stealers may escape , if they may not be condemned without Witnesses . (RALEIGH-E2-H,I,212.C2.314) 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 ? (RALEIGH-E2-H,I,212.C2.315) My Lord Cobham hath , perhaps , been laboured withal ; (RALEIGH-E2-H,I,212.C2.316) and to save you , his old Friend , it may be that he will deny all that which he hath said . (RALEIGH-E2-H,I,212.C2.317) Raleigh . I know not how you conceive the Law . (RALEIGH-E2-H,I,212.C2.318) Ld. Ch. Just. Nay , we do not conceive the Law , (RALEIGH-E2-H,I,212.C2.319) but we know the Law . (RALEIGH-E2-H,I,212.C2.320) Raleigh . The Wisdom of the Law of God is absolute and perfect , Haec fac , & vives , &c . (RALEIGH-E2-H,I,212.C2.321) But now by the Wisdom of the State , the Wisdom of the Law is uncertain . (RALEIGH-E2-H,I,212.C2.322) Indeed where the Accuser is not to be had conveniently , I agree with you ; (RALEIGH-E2-H,I,212.C2.323) but here my Accuser may , (RALEIGH-E2-H,I,213.C1.325) he is alive , and in the House . (RALEIGH-E2-H,I,213.C1.326) Susanna had been condemned , if Daniel had not cried out , Will you condemn an innocent Israelite , without Examination or Knowledge of the Truth ? (RALEIGH-E2-H,I,213.C1.327) Remember , it is absolutely the Commandment of God : (RALEIGH-E2-H,I,213.C1.328) If a false Witness rise up , you shall cause him to be brought before the Judges ; (RALEIGH-E2-H,I,213.C1.329) if he be found false , he shall have the Punishment which the Accused should have had . (RALEIGH-E2-H,I,213.C1.330) It is very sure for my Lord to accuse me is my certain Danger , (RALEIGH-E2-H,I,213.C1.331) and it may be a means to excuse himself . (RALEIGH-E2-H,I,213.C1.332) 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 . (RALEIGH-E2-H,I,213.C1.333) You plead hard for your self , (RALEIGH-E2-H,I,213.C1.334) but the Laws plead as hard for the King . (RALEIGH-E2-H,I,213.C1.335) 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 . (RALEIGH-E2-H,I,213.C1.336) There hath been Intelligence between you : (RALEIGH-E2-H,I,213.C1.337) and what underhand Practices there may be , I know not . (RALEIGH-E2-H,I,213.C1.338) If the Circumstances agree not with the Evidence , we will not condemn you . (RALEIGH-E2-H,I,213.C1.339) Raleigh . The King desires nothing but the knowledge of the Truth , (RALEIGH-E2-H,I,213.C1.340) and would have no advantage taken by Severity of the Law . (RALEIGH-E2-H,I,213.C1.341) If ever we had a gracious King , now we have ; (RALEIGH-E2-H,I,213.C1.342) I hope , as he is , such are his Ministers . (RALEIGH-E2-H,I,213.C1.343) If there be but a Trial of five Marks at common Law , a Witness must be deposed . (RALEIGH-E2-H,I,213.C1.344) Good my Lords , let my Accuser come Face to Face , and be deposed . (RALEIGH-E2-H,I,213.C1.345) Ld. Ch. Just. You have no Law for it : (RALEIGH-E2-H,I,213.C1.346) God forbid any Man should accuse himself upon his Oath . (RALEIGH-E2-H,I,213.C1.347) Attorn. The Law presumes , a Man will not accuse himself to accuse another . (RALEIGH-E2-H,I,213.C1.348) You are an odious Man : (RALEIGH-E2-H,I,213.C1.349) For Cobham thinks his Cause the worse that you are in it . (RALEIGH-E2-H,I,213.C1.350) Now you shall hear of some Stirs to be raised in Scotland . (RALEIGH-E2-H,I,213.C1.351) PART OF COPLEY'S EXAMINATION . (RALEIGH-E2-H,I,213.C1.353) ' Also Watson told me , that a special Person told him , that Aremberg offer'd to him Crowns to be in that Action ; and that Brook said , the Stirs in Scotland came out of Raleigh's Head . ' (RALEIGH-E2-H,I,213.C1.355) Raleigh . Brook hath been taught his Lesson . (RALEIGH-E2-H,I,213.C1.356) Ld. Hen. Howard . This Examination was taken before me ; (RALEIGH-E2-H,I,213.C1.357) did I teach him his Lesson ? (RALEIGH-E2-H,I,213.C1.358) Raleigh . I protest before God , I meant it not by any Privy-Counsellor ; (RALEIGH-E2-H,I,213.C1.359) but because Money is scant , he will juggle on both sides . (RALEIGH-E2-H,I,213.C1.360) RALEIGH'S EXAMINATION . (RALEIGH-E2-H,I,213.C1.362) ' The way to invade England , were to begin with Stirs in Scotland . ' (RALEIGH-E2-H,I,213.C1.364) Raleigh . I think so still : (RALEIGH-E2-H,I,213.C1.365) I have spoken it to divers of the Lords of the Council , by way of Discourse and Opinion . (RALEIGH-E2-H,I,213.C1.366) Attorn. Now let us come to those words , of destroying the King and his Cubs . (RALEIGH-E2-H,I,213.C1.367) Raleigh . O barbarous ! (RALEIGH-E2-H,I,213.C1.368) if they , like unnatural Villains , should use those words , shall I be charged with them ? (RALEIGH-E2-H,I,213.C1.369) I will not hear it , (RALEIGH-E2-H,I,213.C1.370) I was never any Plotter with them against my Country , (RALEIGH-E2-H,I,213.C1.371) I was never false to the Crown of England . (RALEIGH-E2-H,I,213.C1.372) I have spent Pounds of my own against the Spanish Faction , for the Good of my Country . (RALEIGH-E2-H,I,213.C1.373) Do you bring the words of these hellish Spiders , Clark , Watson , and others , against me ? (RALEIGH-E2-H,I,213.C1.374) Attorn. Thou hast a Spanish Heart , (RALEIGH-E2-H,I,213.C1.375) and thy self art a Spider of Hell ; (RALEIGH-E2-H,I,213.C1.376) for thou confessest the King to be a most sweet and gracious Prince , (RALEIGH-E2-H,I,213.C2.377) and yet hast conspired against him . (RALEIGH-E2-H,I,213.C2.378) WATSON'S EXAMINATION READ . (RALEIGH-E2-H,I,213.C2.380) ' 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 . ' (RALEIGH-E2-H,I,213.C2.382) BROOK'S EXAMINATION READ . (RALEIGH-E2-H,I,213.C2.384) ' 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 . (RALEIGH-E2-H,I,213.C2.386) Being ask'd what Exposition his Brother made of these Words ? he said , he is loth to repeat it . (RALEIGH-E2-H,I,213.C2.387) And after saith , by the Main was meant the taking away of the King and his Issue ; (RALEIGH-E2-H,I,213.C2.388) and thinks on his Conscience , it was infused into his Brother's Head by Raleigh . (RALEIGH-E2-H,I,213.C2.389) ' COBHAM'S EXAMINATION READ . ' (RALEIGH-E2-H,I,213.C2.391) 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-E2-H,I,213.C2.393) Raleigh . I am not named in all this : (RALEIGH-E2-H,I,213.C2.394) There is a Law of two sorts of Accusers , one of his own Knowledge , another by Hear-say . (RALEIGH-E2-H,I,213.C2.395) E. of Suffolk . See the Case of Arnold . (RALEIGH-E2-H,I,213.C2.396) Ld. Ch. Just. It is the Case of Sir Wil. Thomas , and Sir Nicholas Arnold . (RALEIGH-E2-H,I,213.C2.397) Raleigh . If this may be , you will have any Man's Life in a Week . (RALEIGH-E2-H,I,213.C2.398) Attorn. Raleigh saith , that Cobham was in a Passion when he said so . (RALEIGH-E2-H,I,213.C2.399) Would he tell his Brother any thing of Malice against Raleigh , whom he lov'd as his Life ? (RALEIGH-E2-H,I,213.C2.400) Raleigh . Brook never loved me ; (RALEIGH-E2-H,I,213.C2.401) until his Brother had accused me , he said nothing . (RALEIGH-E2-H,I,213.C2.402) Ld. Cecil . We have heard nothing that might lead us to think that Brook accused you , (RALEIGH-E2-H,I,213.C2.403) he was only in the surprizing Treason ; (RALEIGH-E2-H,I,213.C2.404) for by accusing you he should accuse his Brother . (RALEIGH-E2-H,I,213.C2.405) Raleigh . He doth not care much for that . (RALEIGH-E2-H,I,213.C2.406) Ld. Cecil . I must judge the best . (RALEIGH-E2-H,I,213.C2.407) The Accusation of his Brother was not voluntary ; (RALEIGH-E2-H,I,213.C2.408) he pared every thing as much as he could , to save his Brother . (RALEIGH-E2-H,I,213.C2.409) COBHAM'S EXAMINATION READ . (RALEIGH-E2-H,I,213.C2.411) ' 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 : (RALEIGH-E2-H,I,213.C2.413) and Raleigh said it was foolishly written . ' (RALEIGH-E2-H,I,213.C2.414) Attorn. After the King came within twelve Miles of London , Cobham never came to see him ; (RALEIGH-E2-H,I,213.C2.415) and intended to travel without seeing the Queen and the Prince . (RALEIGH-E2-H,I,213.C2.416) Now in this Discontentment you gave him the Book , (RALEIGH-E2-H,I,213.C2.417) and he gave it his Brother . (RALEIGH-E2-H,I,213.C2.418) Raleigh . I never gave it him , (RALEIGH-E2-H,I,213.C2.419) he took it off my Table . (RALEIGH-E2-H,I,213.C2.420) For I well remember a little before that time I received a Challenge from Sir Amias Preston , (RALEIGH-E2-H,I,213.C2.421) and for that I did intend to answer it , I resolved to leave my Estate settled , (RALEIGH-E2-H,I,213.C2.422) therefore laid out all my loose Papers , amongst which was this Book . (RALEIGH-E2-H,I,213.C2.423) Ld. Howard . Where had you this Book ? (RALEIGH-E2-H,I,213.C2.424) Raleigh . In the old Lord Treasurer's Study , after his Death . (RALEIGH-E2-H,I,213.C2.425) Ld. Cecil . Did you ever shew or make known the Book to me ? (RALEIGH-E2-H,I,214.C1.427) Raleigh . No , my Lord . (RALEIGH-E2-H,I,214.C1.428) Ld. Cecil . Was it one of the Books which was left to me or my Brother ? (RALEIGH-E2-H,I,214.C1.429) Raleigh . I took it out of the Study in my Lord Treasurer's House in the Strand . (RALEIGH-E2-H,I,214.C1.430) 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 , (RALEIGH-E2-H,I,214.C1.431) 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 ; (RALEIGH-E2-H,I,214.C1.432) and yet reserving my Duty to the King my Master , which I can by no means dispense with , by God I love him , (RALEIGH-E2-H,I,214.C1.433) and have a great Conflict within my self : (RALEIGH-E2-H,I,214.C1.434) But I must needs say , Sir Walter used me a little unkindly , to take the Book away without my Knowledge ; (RALEIGH-E2-H,I,214.C1.435) 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 ; (RALEIGH-E2-H,I,214.C1.436) for whosoever should then search his Study , may in all likelihood find all the notorious Libels that were writ against the late Queen ; (RALEIGH-E2-H,I,214.C1.437) 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-E2-H,I,214.C1.438) Raleigh . The Book was in Manuscript , (RALEIGH-E2-H,I,214.C1.439) 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 . (RALEIGH-E2-H,I,214.C1.440) 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 . (RALEIGH-E2-H,I,214.C1.441) Attorn. You were no Privy-Councellor , (RALEIGH-E2-H,I,214.C1.442) and I hope never shall be . (RALEIGH-E2-H,I,214.C1.443) Ld. Cecil . He was not a sworn Counsellor of State , (RALEIGH-E2-H,I,214.C1.444) but he has been called to Consultations . (RALEIGH-E2-H,I,214.C1.445) 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 ; (RALEIGH-E2-H,I,214.C1.446) 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 . (RALEIGH-E2-H,I,214.C1.447) Attorn. I observe there was Intelligence between you and Cobham in the Tower ; (RALEIGH-E2-H,I,214.C1.448) for after he said , it was against the King's Title , he denied it again . (RALEIGH-E2-H,I,214.C1.449) Sir Will. Wade . First my Lord Cobham confesseth it , (RALEIGH-E2-H,I,214.C1.450) and after he had subscribed it , he revoked it again : (RALEIGH-E2-H,I,214.C1.451) To me he always said , that the Drift of it was against the King's Title . (RALEIGH-E2-H,I,214.C1.452) Raleigh . I protest before God , and all his Works , I gave him not the Book . (RALEIGH-E2-H,I,214.C1.453) Note , Sir Robert Wroth speaketh , or whispereth something secretly . (RALEIGH-E2-H,I,214.C1.454) Attorn. My Lords , I must complain of Sir Robert Wroth , (RALEIGH-E2-H,I,214.C1.455) he says this Evidence is not material . (RALEIGH-E2-H,I,214.C1.456) Sir Rob. Wroth . I never spake the words . (RALEIGH-E2-H,I,214.C1.457) Attorn. Let Mr. Serjeant Philips testify , whether he heard him say the words or no . (RALEIGH-E2-H,I,214.C1.458) Ld. Cecil . I will give my Word for Sir Robert Wroth . (RALEIGH-E2-H,I,214.C2.460) Sir Rob. Wroth . I will speak as truly as you , Mr. Attorney , (RALEIGH-E2-H,I,214.C2.461) for by God I never spake it . (RALEIGH-E2-H,I,214.C2.462) Ld. Ch. Just. Wherefore should this Book be burnt ? (RALEIGH-E2-H,I,214.C2.463) Raleigh . I burned it not . (RALEIGH-E2-H,I,214.C2.464) Serj. Philips . You presented your Friend with it , when he was discontented . (RALEIGH-E2-H,I,214.C2.465) If it had been before the Queen's Death , it had been a less matter ; (RALEIGH-E2-H,I,214.C2.466) but you gave it him presently when he came from the King , which was the time of this Discontentment . (RALEIGH-E2-H,I,214.C2.467) Raleigh . Here is a Book supposed to be treasonable ; (RALEIGH-E2-H,I,214.C2.468) I never read it , commended it , or deliver'd it , nor urged it . (RALEIGH-E2-H,I,214.C2.469) Attorn. Why this is cunning . (RALEIGH-E2-H,I,214.C2.470) Raleigh . Every thing that doth make for me is cunning , (RALEIGH-E2-H,I,214.C2.471) and every thing that maketh against me is probable . (RALEIGH-E2-H,I,214.C2.472) Attorn. Lord Cobham saith , that Kemish came to him with a Letter torn , and did wish him not to be dismay'd , (RALEIGH-E2-H,I,214.C2.473) for one Witness could not hurt him . (RALEIGH-E2-H,I,214.C2.474) Raleigh . This poor Man hath been close Prisoner these eighteen Weeks ; (RALEIGH-E2-H,I,214.C2.475) he was offered the Rack to make him confess . (RALEIGH-E2-H,I,214.C2.476) I never sent any such Message by him , (RALEIGH-E2-H,I,214.C2.477) 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 . (RALEIGH-E2-H,I,214.C2.478) Ld. H. Howard . No Circumstance moveth me more than this . (RALEIGH-E2-H,I,214.C2.479) Kemish was never on the Rack , (RALEIGH-E2-H,I,214.C2.480) the King gave charge that no Rigour should be used . (RALEIGH-E2-H,I,214.C2.481) Commissioners . We protest before God , there was no such matter intended to our Knowledges . (RALEIGH-E2-H,I,214.C2.482) Raleigh . Was not the Keeper of the Rack sent for , and he threatned with it ? (RALEIGH-E2-H,I,214.C2.483) Sir W. Wade . When Mr. Sollicitor and my self examined Kemish , we told him he deserved the Rack , (RALEIGH-E2-H,I,214.C2.484) but did not threaten him with it . (RALEIGH-E2-H,I,214.C2.485) Commissioners . It was more than we knew . (RALEIGH-E2-H,I,214.C2.486) COBHAM'S EXAMINATION READ . (RALEIGH-E2-H,I,214.C2.488) He saith , Kemish brought him a Letter from Raleigh , and that part which was concerning the Lords of the Council was rent out ; (RALEIGH-E2-H,I,214.C2.490) 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 , (RALEIGH-E2-H,I,214.C2.491) for one Witness could not condemn a Man for Treason . (RALEIGH-E2-H,I,214.C2.492) Ld. Cecil . Cobham was ask'd , whether , and when he heard from you ? (RALEIGH-E2-H,I,214.C2.493) he said ; every day . (RALEIGH-E2-H,I,214.C2.494) Raleigh . Kemish added more , (RALEIGH-E2-H,I,214.C2.495) I never bade him speak those Words . (RALEIGH-E2-H,I,214.C2.496) Note , Mr. Attorney here offered to interrupt him . (RALEIGH-E2-H,I,214.C2.497) Ld. Cecil . It is his last Discourse ; (RALEIGH-E2-H,I,214.C2.498) give him leave , Mr. Attorney . (RALEIGH-E2-H,I,214.C2.499) Raleigh . I am accused concerning Arabella , concerning Money out of Spain . (RALEIGH-E2-H,I,214.C2.500) My Lord Chief Justice saith , a Man may be condemned with one Witness , yea , without any Witness . (RALEIGH-E2-H,I,214.C2.501) Cobham is guilty of many things , (RALEIGH-E2-H,I,214.C2.502) Conscientia mille Testes ; (RALEIGH-E2-H,I,214.C2.503) he hath accused himself , (RALEIGH-E2-H,I,214.C2.504) what can he hope for but Mercy ? (RALEIGH-E2-H,I,214.C2.505) My Lords , vouchsafe me this Grace : (RALEIGH-E2-H,I,214.C2.506) Let him be brought , being alive , and in the House ; (RALEIGH-E2-H,I,214.C2.507) let him avouch any of these things , (RALEIGH-E2-H,I,214.C2.508) I will confess the whole Indictment , and renounce the King's Mercy . (RALEIGH-E2-H,I,214.C2.509) Ld. Cecil . Here hath been a touch of the Lady Arabella Stuart , a near Kinswoman of the King's . (RALEIGH-E2-H,I,214.C2.510) Let us not scandal the innocent by Confusion of Speech : (RALEIGH-E2-H,I,215.C1.512) She is as innocent of all these things as I , or any Man here ; (RALEIGH-E2-H,I,215.C1.513) only she received a Letter from my Lord Cobham , to prepare her ; which she laugh'd at , (RALEIGH-E2-H,I,215.C1.514) and immediately sent it to the King . (RALEIGH-E2-H,I,215.C1.515) So far was she from Discontentment , that she laugh'd him to scorn . (RALEIGH-E2-H,I,215.C1.516) But you see how far the Count of Aremberg did consent . (RALEIGH-E2-H,I,215.C1.517) The Lord Admiral Nottingham being by in a Standing , with the Lady Arabella , spake to the Court . (RALEIGH-E2-H,I,215.C1.518) The Lady doth here protest upon her Salvation , that she never dealt in any of these things ; (RALEIGH-E2-H,I,215.C1.519) and so she willed me to tell the Court . (RALEIGH-E2-H,I,215.C1.520) Ld. Cecil . The Lord Cobham wrote to my Lady Arabella , to know if he might come to speak with her , (RALEIGH-E2-H,I,215.C1.521) and gave her to understand , that there were some about the King that laboured to disgrace her ; (RALEIGH-E2-H,I,215.C1.522) she doubted it was but a Trick . (RALEIGH-E2-H,I,215.C1.523) But Brook saith , his Brother moved him to procure Arabella to write Letters to the King of Spain ; (RALEIGH-E2-H,I,215.C1.524) but he saith , he never did it . (RALEIGH-E2-H,I,215.C1.525) Raleigh . The Lord Cobham hath accused me , (RALEIGH-E2-H,I,215.C1.526) you see in what manner he hath forsworn it . (RALEIGH-E2-H,I,215.C1.527) Were it not for his Accusation , all this were nothing . (RALEIGH-E2-H,I,215.C1.528) Let him be asked , if I knew of the Letter which Lawrency brought to him from Aremberg . (RALEIGH-E2-H,I,215.C1.529) Let me speak for my Life , (RALEIGH-E2-H,I,215.C1.530) it can be no hurt for him to be brought ; (RALEIGH-E2-H,I,215.C1.531) he dares not accuse me . (RALEIGH-E2-H,I,215.C1.532) If you grant me not this Favour , I am strangely used . (RALEIGH-E2-H,I,215.C1.533) Campian was not denied to have his Accusers face to face . (RALEIGH-E2-H,I,215.C1.534) 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-E2-H,I,215.C1.535) Raleigh . If I had been the Infuser of all these Treasons into him ; you Gentlemen of the Jury , mark this , (RALEIGH-E2-H,I,215.C1.536) 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 : (RALEIGH-E2-H,I,215.C1.537) If this be true , whom hath he cause to accuse , and to be revenged on , but on me ? (RALEIGH-E2-H,I,215.C1.538) And I know him to be as revengeful as any Man on Earth . (RALEIGH-E2-H,I,215.C1.539) Attorn. He is a Party , (RALEIGH-E2-H,I,215.C1.540) and may not come ; (RALEIGH-E2-H,I,215.C1.541) the Law is against it . (RALEIGH-E2-H,I,215.C1.542) Raleigh . It is a Toy to tell me of Law ; (RALEIGH-E2-H,I,215.C1.543) I defy such Law , (RALEIGH-E2-H,I,215.C1.544) I stand on the Fact . (RALEIGH-E2-H,I,215.C1.545) 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 . (RALEIGH-E2-H,I,215.C1.546) My Affection to you , Sir Walter Raleigh , was not extinguished , but slaked , in regard of your Deserts . (RALEIGH-E2-H,I,215.C1.547) You know the Law of the Realm to which your Mind doth not contest that my Lord Cobham $can $not {TEXT:cannot} be brought . (RALEIGH-E2-H,I,215.C1.548) Raleigh . He may be , my Lord . (RALEIGH-E2-H,I,215.C1.549) Ld. Cecil . But dare you challenge it ? (RALEIGH-E2-H,I,215.C1.550) Raleigh . No . (RALEIGH-E2-H,I,215.C1.551) Ld. Cecil . You say that my Lord Cobham , your main Accuser , must come to accuse you . (RALEIGH-E2-H,I,215.C1.552) You say , he hath retracted : (RALEIGH-E2-H,I,215.C1.553) I say , many Particulars are not retracted . (RALEIGH-E2-H,I,215.C1.554) What the Validity of all this is , is merely left to the Jury . (RALEIGH-E2-H,I,215.C1.555) Let me ask you this , (RALEIGH-E2-H,I,215.C1.556) 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-E2-H,I,215.C1.557) 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 ; I put my self on it , (RALEIGH-E2-H,I,215.C2.558) God's Will and the King's be done with me . (RALEIGH-E2-H,I,215.C2.559) Ld. H. Howard . How ! if he speak things equivalent to that you have said ? (RALEIGH-E2-H,I,215.C2.560) Raleigh . Yes , in a main Point . (RALEIGH-E2-H,I,215.C2.561) 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-E2-H,I,215.C2.562) Raleigh . I put my self on it . (RALEIGH-E2-H,I,215.C2.563) Ld. Cecil . Then Sir Walter Raleigh , call upon God , (RALEIGH-E2-H,I,215.C2.564) and prepare your self ; (RALEIGH-E2-H,I,215.C2.565) for I do verily believe my Lords will prove this . (RALEIGH-E2-H,I,215.C2.566) Excepting your faults I call them no worse by God I am your Friend . (RALEIGH-E2-H,I,215.C2.567) The Heat and Passion in you , and the Attorney's Zeal in the King's Service , makes me speak this . (RALEIGH-E2-H,I,215.C2.568) Raleigh . Whosoever is the Workman , it is reason he should give an account of his Work to the Workmaster . (RALEIGH-E2-H,I,215.C2.569) But let it be proved that he acquainted me with any of his Conferences with Aremberg : (RALEIGH-E2-H,I,215.C2.570) he would surely have given me some account . (RALEIGH-E2-H,I,215.C2.571) Ld. Cecil . That follows not : (RALEIGH-E2-H,I,215.C2.572) If I set you on work , and you give me no account , am I therefore innocent ? (RALEIGH-E2-H,I,215.C2.573) Attorn. For the Lady Arabella , I said she was never acquainted with the matter . (RALEIGH-E2-H,I,215.C2.574) Now that Raleigh had Conference in all these Treasons , it is manifest : (RALEIGH-E2-H,I,215.C2.575) The Jury hath heard the matter . (RALEIGH-E2-H,I,215.C2.576) 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 , (RALEIGH-E2-H,I,215.C2.577) but he shall be shortly . (RALEIGH-E2-H,I,215.C2.578) Nay , saith the Portugal , (RALEIGH-E2-H,I,215.C2.579) that shall never be , (RALEIGH-E2-H,I,215.C2.580) for his Throat will be cut by Don Raleigh and Don Cobham before he be crowned . (RALEIGH-E2-H,I,215.C2.581) Dyer was called and sworn , (RALEIGH-E2-H,I,215.C2.582) and deliver'd this Evidence . (RALEIGH-E2-H,I,215.C2.583) Dyer . I came to a Merchant's House in Lisbon , to see a Boy that I had there ; (RALEIGH-E2-H,I,215.C2.584) there came a Gentleman into the House , (RALEIGH-E2-H,I,215.C2.585) and enquiring what Countryman I was , I said , an Englishman . Whereupon he asked me , if the King was crowned ? (RALEIGH-E2-H,I,215.C2.586) And I answered , No , but that I hoped he should be so shortly . (RALEIGH-E2-H,I,215.C2.587) Nay , saith he , (RALEIGH-E2-H,I,215.C2.588) he shall never be crowned ; (RALEIGH-E2-H,I,215.C2.589) for Don Raleigh and Don Cobham will cut his Throat ere that Day come . (RALEIGH-E2-H,I,215.C2.590) Raleigh . What infer you upon this ? (RALEIGH-E2-H,I,215.C2.591) Attorn. That your Treason hath Wings . (RALEIGH-E2-H,I,215.C2.592) Raleigh . If Cobham did practise with Aremberg , how could it not but be known in Spain ? (RALEIGH-E2-H,I,215.C2.593) 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 ? (RALEIGH-E2-H,I,215.C2.594) Consider you Gentlemen of the Jury , there is no Cause so doubtful which the King's Counsel $can $not {TEXT:cannot} make good against the Law . (RALEIGH-E2-H,I,215.C2.595) Consider my Disability , and their Ability : (RALEIGH-E2-H,I,215.C2.596) They prove nothing against me , (RALEIGH-E2-H,I,215.C2.597) 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 : (RALEIGH-E2-H,I,215.C2.598) for he knew that all this Sorrow which should come to me , is by his means . (RALEIGH-E2-H,I,215.C2.599) Presumptions must proceed from precedent or subsequent Facts . (RALEIGH-E2-H,I,215.C2.600) I have spent Crowns against the Spaniard . (RALEIGH-E2-H,I,215.C2.601) I had not purchased Pound a Year . (RALEIGH-E2-H,I,215.C2.602) If I had died in Guiana , I had not left Marks a Year to my Wife and Son . (RALEIGH-E2-H,I,215.C2.603) I that have always condemned the Spanish Faction , $me $thinks {TEXT:methinks} it is a strange thing that now I should affect it ! (RALEIGH-E2-H,I,215.C2.604) Remember what St. Austin says , (RALEIGH-E2-H,I,216.C1.606) Sic judicate tanquam ab alio mox judicandi ; unus judex , unum Tribunal . (RALEIGH-E2-H,I,216.C1.607) 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 . (RALEIGH-E2-H,I,216.C1.608) Serj. Philips . I hope to make this so clear , as that the Wit of Man shall have no Colour to answer it . (RALEIGH-E2-H,I,216.C1.609) The Matter is Treason in the highest Degree , the End to deprive the King of his Crown . (RALEIGH-E2-H,I,216.C1.610) The particular Treasons are these : (RALEIGH-E2-H,I,216.C1.611) First , to raise up Rebellion , and to effect that , to procure Money ; (RALEIGH-E2-H,I,216.C1.612) to raise up Tumults in Scotland , by divulging a treasonable Book against the King's Right to the Crown ; (RALEIGH-E2-H,I,216.C1.613) the purpose , to take away the Life of his Majesty and his Issue . (RALEIGH-E2-H,I,216.C1.614) My Lord Cobham confesseth Sir Walter Raleigh to be quilty of all these Treasons . (RALEIGH-E2-H,I,216.C1.615) The Question is , whether he be guilty as joining with him , or instigating of him ? (RALEIGH-E2-H,I,216.C1.616) The Course to prove this , was by my Lord Cobham's Accusation . (RALEIGH-E2-H,I,216.C1.617) If that be true , he is guilty ; (RALEIGH-E2-H,I,216.C1.618) if not , he is clear . (RALEIGH-E2-H,I,216.C1.619) So whether Cobham say true , or Raleigh , that is the Question . (RALEIGH-E2-H,I,216.C1.620) Raleigh hath no Answer , but the Shadow of as much Wit , as the Wit of Man can devise . (RALEIGH-E2-H,I,216.C1.621) He useth his bare Denial ; (RALEIGH-E2-H,I,216.C1.622) the Denial of a Defendant must not move the Jury . (RALEIGH-E2-H,I,216.C1.623) 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 , (RALEIGH-E2-H,I,216.C1.624) he doth it in propria causa ; (RALEIGH-E2-H,I,216.C1.625) therefore much less in Matters of Treason . (RALEIGH-E2-H,I,216.C1.626) Cobham's Testification against him before then , and since , hath been largely discoursed . (RALEIGH-E2-H,I,216.C1.627) Raleigh . If Truth be constant , and Constancy be in Truth , why hath he forsworn that that he hath said ? (RALEIGH-E2-H,I,216.C1.628) You have not proved any one thing against me by direct Proofs , but all by Circumstances . (RALEIGH-E2-H,I,216.C1.629) Attorn. Have you done ? (RALEIGH-E2-H,I,216.C1.630) The King must have the last . (RALEIGH-E2-H,I,216.C1.631) Raleigh . Nay , Mr. Attorney , he which speaketh for his Life , must speak last . (RALEIGH-E2-H,I,216.C1.632) False Repetitions and Mistakings must not mar my Cause . (RALEIGH-E2-H,I,216.C1.633) You should speak secundum allegata & probata . (RALEIGH-E2-H,I,216.C1.634) I appeal to God and the King in this Point , whether Cobham's Accusation be sufficient to condemn me ? (RALEIGH-E2-H,I,216.C1.635) Attorn. The King's Safety and your Clearing $can $not {TEXT:cannot} agree . (RALEIGH-E2-H,I,216.C1.636) I protest before God , (RALEIGH-E2-H,I,216.C1.637) I never knew a clearer Treason . (RALEIGH-E2-H,I,216.C1.638) Raleigh . I never had Intelligence with Cobham since I came to the Tower . (RALEIGH-E2-H,I,216.C1.639) Attorn. Go to , (RALEIGH-E2-H,I,216.C1.640) I will lay thee upon thy Back , for the confidentest Traitor that ever came at a Bar . (RALEIGH-E2-H,I,216.C1.641) Why should you take Crowns for a Peace ? (RALEIGH-E2-H,I,216.C1.642) Ld. Cecil . Be not so impatient , good Mr. Attorney , (RALEIGH-E2-H,I,216.C1.643) give him leave to speak . (RALEIGH-E2-H,I,216.C1.644) Attorney . If I may not be patiently heard , you will encourage Traitors , and discourage us . (RALEIGH-E2-H,I,216.C1.645) I am the King's sworn Servant , (RALEIGH-E2-H,I,216.C1.646) and must speak : (RALEIGH-E2-H,I,216.C1.647) If he be Guilty , he is a Traitor ; (RALEIGH-E2-H,I,216.C1.648) if not , deliver him . (RALEIGH-E2-H,I,216.C1.649) Note , Here Mr. Attorney sat down in a Chase , (RALEIGH-E2-H,I,216.C1.650) and would speak no more , until the Commissioners urged and intreated him . (RALEIGH-E2-H,I,216.C1.651) After much ado , he went on , (RALEIGH-E2-H,I,216.C1.652) and made a long Repetition of all the Evidence , for the Direction of the Jury ; (RALEIGH-E2-H,I,216.C1.653) and at the repeating of some things , Sir Walter Raleigh interrupted him , (RALEIGH-E2-H,I,216.C1.654) and said , he did him wrong . (RALEIGH-E2-H,I,216.C1.655) Attorney . Thou art the most vile and execrable Traitor that ever lived . (RALEIGH-E2-H,I,216.C2.657) Raleigh . You speak indiscreetly , barbarously and uncivilly . (RALEIGH-E2-H,I,216.C2.658) Attorney . I want Words sufficient to express thy viperous Treasons . (RALEIGH-E2-H,I,216.C2.659) Raleigh . I think you want Words indeed , (RALEIGH-E2-H,I,216.C2.660) for you have spoken one thing half a dozen times . (RALEIGH-E2-H,I,216.C2.661) Attorney . Thou art an odious Fellow , (RALEIGH-E2-H,I,216.C2.662) thy Name is hateful to all the Realm of England for thy Pride . (RALEIGH-E2-H,I,216.C2.663) Raleigh . It will go near to prove a measuring Cast between you and me , Mr. Attorney . (RALEIGH-E2-H,I,216.C2.664)