1    Now I come to your Charge, you of the Jury:
2The Greatness of Treason is to be considered in
3these two things, Determinatione finis , and Electione
4mediorum . This Treason excelleth in both, for
5that it was to destroy the King and his Progeny.
6These Treasons are said to be Crimen laesae Majestatis ;
7this goeth further, and may be term'd, Crimen extirpandae
8Regiae Majestatis, & totius Progeniei suae . I
9shall not need, my Lords, to speak any thing concerning
10the King, nor of the Bounty and Sweetness
11of his Nature, whose Thoughts are innocent,
12whose Words are full of Wisdom and Learning,
13and whose Works are full of Honour; although it
14be a true Saying, Nunquam nimis quod nunquam
15satis . But to whom do you bear Malice? to the
16Children?

17Raleigh.     To whom speak you this? You tell me
18News I never heard of.

19Attorney.     Oh Sir, do I? I will prove you the
20notoriousest Traitor that ever came to the Bar.
21After you have taken away the King, you would
22alter Religion: as you, Sir Walter Raleigh , have
23followed them of the Bye in Imitation; for I will
24charge you with the Words.

25Raleigh.     Your Words cannot condemn me; my
26Innocency is my Defence. Prove one of these
27things wherewith you have charg'd me, and I will
28confess the whole Indictment, and that I am the
29horriblest Traitor that ever lived, and worthy to
30be crucified with a thousand thousand Torments.

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31Attorney.     Nay, I will prove all: Thou art a
32Monster; thou hast an English Face, but a Spanish
33Heart. Now you must have Money: Aremberg
34was no sooner in England (I charge thee Raleigh )
35but thou incitedst Cobham to go unto him, and to
36deal with him for Money, to bestow on discontented
37Persons, to raise Rebellion on the Kingdom.

38Raleigh.     Let me answer for my self.

39Attorney.     Thou shalt not.

40Raleigh.     It concerneth my Life.

41Ld. Ch. Just.     Sir Walter Raleigh , Mr. Attorney
42is but yet in the General; but when the King's
43Counsel have given the Evidence wholly, you shall
44answer every Particular.

45Attorney.     Oh! do I touch you?

46Lord Cecil.     Mr. Attorney, when you have done
47with this General Charge, do you not mean to
48let him answer every Particular?

49Attorney.     Yes, when we deliver the Proofs to be
50read. Raleigh procured Cobham to go to Aremberg ;
51which he did by his Instigation: Raleigh supped
52with Cobham before he went to Aremberg ; after
53Supper, Raleigh conducted him to Durham-House ;
54from whence Cobham went with Lawrency , a Servant
55of Aremberg's , unto him, and went in by a
56Back-way. Cobham could never be quiet until he
57had entertained this Motion, for he had four Letters
58from Raleigh . Aremberg answer'd, The Money
59should be performed, but knew not to whom
60it should be distributed. Then Cobham and Lawrency
61came back to Durham-House , where they
62found Raleigh . Cobham and Raleigh went up, and
63left Lawrency below, where they had secret Conference
64in a Gallery; and after, Cobham and Lawrency
65departed from Raleigh . Your Jargon was
66Peace: What is that? Spanish Invasion, Scotish
67Subversion. And again, you are not a fit Man
68to take so much Money for procuring of a lawful
69Peace, for Peace procured by Money is dishonourable.
70Then Cobham must go to Spain , and
71return by Jersey , where you were Captain: And
72then, because Cobham had not so much Policy, or
73at least Wickedness, as you, he must have your
74Advice for the distribution of the Money. Would
75you have deposed so good a King, lineally descended
76of Elizabeth , eldest Daughter of Edward
77IV? Why then must you set up another? I think
78you meant to make Arabella a Titular Queen, of
79whose Title I will speak nothing; but sure you
80meant to make her a Stale. Ah! good Lady,
81you could mean her no Good.

82Raleigh.     You tell me News, Mr. Attorney .

83Attorney.     Oh Sir! I am the more large, because
84I know with whom I deal: For we have to deal
85to-day with a Man of Wit.

86Raleigh.     Did I ever speak with this Lady?

87Attorney.     I will track you out before I have done.
88Englishmen will not be led by persuasion of Words,
89but they must have Books to persuade.

90Raleigh.     The Book was written by a Man of
91your Profession, Mr. Attorney .

92Attorney.     I would not have you impatient.

93Raleigh.     Methinks you fall out with your self;
94I say nothing.

95Attorney.     By this Book you would persuade Men,
96that he is not the lawful King. Now let us consider
97some Circumstances: My Lords, you know
98my Lord Cobham (for whom we all lament and rejoice;
99lament in that his House, which hath
100stood so long unspotted, is now ruinated; rejoice,
101in that his Treasons are reveal'd:) he is neither

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102Politician nor Sword-man; Raleigh was both, united
103in the Cause with him, and therefore Cause
104of his Destruction. Another Circumstance is, the
105secret Contriving of it. Humphry Stafford claimed
106Sanctuary for Treason. Raleigh , in his Macchivelian
107Policy, hath made a Sanctuary for Treason. He
108must talk with none but Cobham ; because, saith he,
109one Witness can never condemn me. For Brook
110said unto Sir Griffith Markham, Take heed how you
111do make my Lord Cobham acquainted ; for whatsoever
112he knoweth , Raleigh the Witch will get it out
113of him . As soon as Raleigh was examined on one
114point of Treason concerning my Lord Cobham , he
115wrote to him thus; I have been examined of you,
116and confessed nothing . Further, you sent to him by
117your trusty Francis Kemish , that one Witness could
118not condemn; and therefore bade his Lordship be
119of good Courage. Came this out of Cobham's
120Quiver? No: but out of Raleigh's Macchivelian
121and devilish Policy. Yea, but Cobham did retract
122it; why then did ye urge it? Now then see the
123most horrible Practices that ever came out of the
124bottomless Pit of the lowest Hell. After that
125Raleigh had Intelligence that Cobham had accused
126him, he endeavour'd to have Intelligence from Cobham ,
127which he had gotten by young Sir John
128Payton : But I think it was the Error of his
129Youth.

130Raleigh.     The Lords told it me, or else I had
131not been sent to the Tower .

132Attorney.     Thus Cobham , by the Instigation of
133Raleigh , enter'd into these Actions: So that the
134question will be, Whether you are not the principal
135Traitor, and he would nevertheless have
136enter'd into it? Why did Cobham retract all that
137same? First, Because Raleigh was so odious, he
138thought he should fare the worse for his sake.
139Secondly, He thought thus with himself, If he be
140free, I shall clear my self the better. After this,
141Cobham asked for a Preacher to confer with, pretending
142to have Dr. Andrews ; but indeed he
143meant not to have him, but Mr. Galloway ; a
144worthy and reverend Preacher, who can do more
145with the King (as he said) than any other; that
146he, seeing his constant Denial, might inform the
147King thereof. Here he plays with the Preacher.
148If Raleigh could persuade the Lords, that Cobham
149had no intent to travel, then he thought all
150should be well. Here is Forgery! In the Tower
151Cobham must write to Sir Thomas Vane , a worthy
152Man, that he meant not to go into Spain: which
153Letter Raleigh devised in Cobham's Name.

154Raleigh.     I will wash my hands of the Indictment,
155and die a true Man to the King.

156Attorney.     You are the absolutest Traitor that
157ever was.

158Raleigh.     Your Phrases will not prove it, Mr.
159Attorney .

160Attorney.     Cobham writeth a Letter to my Lord
161Cecil , and doth will Mellis's Man to lay it in a
162Spanish Bible, and to make as tho he found it by
163chance. This was after he had Intelligence with
164this Viper, that he was false.

165Lord Cecil.     You mean a Letter intended to me;
166I never had it.

167Attorney.     No, my Lord, you had it not. You,
168my Masters of the Jury, respect not the Wickedness
169and Hatred of the Man, respect his Cause:
170if he be guilty, I know you will have care of it,
171for the Preservation of the King, the Continuance
172of the Gospel authorized, and the Good of
173us all.

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174Raleigh.     I do not hear yet, that you have spoken
175one word against me; here is no Treason of
176mine done: If my Lord Cabham be a Traitor,
177what is that to me?

178Attorney.     All that he did was by thy Instigation,
179thou Viper; for I thou thee, thou Traitor.

180Raleigh.     It becometh not a Man of Quality and
181Virtue, to call me so: But I take comfort in it,
182it is all you can do.

183Attorney.     Have I anger'd you?

184Raleigh.     I am in no case to be angry.

185C. J. Popham.     Sir Walter Raleigh , Mr. Attorney
186speaketh out of the Zeal of his Duty, for the
187Service of the King, and you for your Life; be
188valiant on both sides.
189

194    He confesseth, he had a Pass-port to go into
195Spain , intending to go to the Archduke, to confer
196with him about these Practices; and because he
197knew the Archduke had not Money to pay his
198own Army, from thence he meant to go to Spain ,
199to deal with the King for the 600000 Crowns,
200and to return by Jersey ; and that nothing should
201be done, until he had spoken with Sir Walter Raleigh
202for distribution of the Money to them which
203were discontented in England . At the first beginning,
204he breathed out Oaths and Exclamations
205against Raleigh , calling him Villain and Traitor;
206saying, he had never entred into these Courses,
207but by his Instigation, and that he would never
208let him alone.

225Raleigh.     Let me see the Accusation: This is absolutely
226all the Evidence can be brought against
227me; poor Shifts! You Gentlemen of the Jury, I
228pray you understand this. This is that which must
229either condemn, or give me Life; which must free
230me, or send my Wife and Children to beg their
231Bread about the Streets: This is that must prove
232me a notorious Traitor, or a true Subject to the
233King. Let me see my Accusation, that I may
234make my Answer.

235Clerk of the Council.     I did read it, and shew you
236all the Examinations.

237Raleigh.     At my first Examination at Windsor , my
238Lords asked me, what I knew of Cobham's Practice
239with Aremberg , I answer'd negatively: And as
240concerning Arabella , I protest before God, I never
241heard one word of it. If that be proved, let me
242be quilty of ten thousand Treasons. It is a strange
243thing you will impute that to me, when I never
244heard so much as the Name of Arabella Stuart , but
245only the Name of Arabella .

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246    After being examin'd, I told my Lords, that I
247thought my Lord Cobham had Conference with Aremberg ;
248I suspected his visiting of him: for after
249he departed from me at Durham-House , I saw him
250pass by his own Stairs, and passed over to St. Mary
251Saviours , where I knew Lawrency , a Merchant,
252and a Follower of Aremberg , lay, and therefore
253likely to go unto him. My Lord Cecil asked my
254Opinion concerning Lawrency ; I said, that if you
255do not apprehend Lawrency , it is dangerous, he will
256fly: if you do apprehend him, you shall give my
257Lord Cobham notice thereof. I was asked who
258was the greatest Man with my Lord Cobham ; I
259answer'd, I knew no Man so great with him, as
260young Wyat of Kent .
261    As soon as Cobham saw my Letter to have discover'd
262his Dealing with Aremberg , in his Fury he accus'd
263me; but before he came to the Stair-foot he
264repented, and said he had done me wrong. When
265he came to the end of his Accusation, he added,
266that if he had brought this Money to Jersey , he
267fear'd that I would have deliver'd him and the Money
268to the King. Mr. Attorney, you said this never
269came out of Cobham's Quiver; he is a simple
270Man. Is he so simple? no; he hath a Disposition
271of his own, he will not easily be guided by others;
272but when he has once taken head in a Matter,
273he is not easily drawn from it: he is no Babe. But
274it is strange for me to devise with Cobham , that he
275should go to Spain , to persuade the King to disburse
276so much Money, he being a Man of no Love
277in England , and I having resigned my room of
278chiefest Command, the Wardenship of the Stannaries .
279Is it not strange for me to make my self Robin
280Hood , or a Kett , or a Cade? I knowing England to
281be in better Estate to defend it self than ever it
282was. I knew Scotland united; Ireland quieted,
283wherein of late our Forces were dispersed; Denmark
284assured, which before was suspected. I knew,
285that having lost a Lady whom Time had surpriz'd,
286we had now an active King, a lawful Successor, who
287would himself be present in all his Affairs. The
288State of Spain was not unknown to me: I had written
289a Discourse, which I had intended to present unto
290the King, against Peace with Spain . I knew
291the Spaniards had six Repulses; three in Ireland ,
292and three at Sea, and once in 1588, at Cales , by
293my Lord Admiral. I knew he was discourag'd and
294dishonour'd. I knew the King of Spain to be the
295proudest Prince in Christendom; but now he cometh
296creeping to the King my Master for Peace.
297I knew, whereas before he had in his Port six or
298seven score Sail of Ships, he hath now but six or
299seven. I knew of twenty five Millions he had from
300his Indies , he hath scarce one left. I knew him to
301be so poor, that the Jesuits in Spain , who were
302wont to have such large Allowance, were fain to
303beg at the Church-Door. Was it ever read or
304heard, that any Prince should disburse so much
305Money without a sufficient Pawn? I knew her own
306Subjects, the Citizens of London , would not lend her
307Majesty Money, without Lands in Mortgage. I
308knew the Queen did not lend the States Money,
309without Flushing , Brill , and other Towns for a
310Pawn. And can it be thought, that he would let
311Cobham have so great a Sum?
312    I never came to the Lord Cobham's , but about
313Matters of his Profit; as, the ordering of his
314House, paying of his Servants Board-Wages, &c.
315I had of his, when I was examin'd, four thousand
316Pounds worth of Jewels for a Purchase; a Pearl of

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317three thousand Pound; and a Ring worth five hundred
318Pound. If he had had a fancy to run away,
319he would not have left so much to have purchas'd a
320Lease in Fee-Farm. I saw him buy three hundred
321Pounds worth of Books to send to his Library at
322Canterbury , and a Cabinet of thirty Pound, to give
323to Mr. Attorney, for drawing the Conveyances:
324and God in Heaven knoweth, not I, whether he
325intended to travel or no. But for that Practice with
326Arabella , or Letters to Aremberg framed, or any
327Discourse with him, or in what Language he spake
328unto him; if I knew any of these things, I would
329absolutely confess the Indictment, and acknowledge
330my self worthy ten thousand Deaths.

345L. C. J. Popham.     When Cobham answer'd to the
346Interrogatories, he made scruple to subscribe; and
347being urg'd to it, he said, if he might hear me affirm,
348that a Person of his Degree ought to set his
349hand, he would: I lying then at Richmond for fear
350of the Plague, was sent for, and I told he ought
351to subscribe; otherwise it were a Contempt of a
352high nature: then he subscribed. The Lords
353question'd with him further, and he shew'd them
354a Letter, as I thought written to me, but it was
355indeed written to my Lord Cecil: he desired to
356see the Letter again, and then said, Oh Wretch!
357Oh Traitor! whereby I perceiv'd you had not perform'd
358that Trust he had reposed in you.

359Raleigh.     He is as passionate a Man as lives; for
360he hath not spared the best Friends he hath in England
361in his Passion. My Lords, I take it, he that
362has been examined, has ever been asked at the
363time of his Examination, if it be according to his
364meaning, and then to subscribe. Methinks, my
365Lords, when he accuses a Man, he should give
366some Account and Reason of it: It is not sufficient
367to say, we talked of it. If I had been the Plotter,
368would not I have given Cobham some Arguments,
369whereby to persuade the King of Spain , and answer
370his Objections? I knew Westmoreland and
371Bothwell , Men of other Understandings than Cobham ,
372were ready to beg their Bread.

373Sir Tho. Fowler, one of the Jury.     Did Sir Walter
374Raleigh write a Letter to my Lord before he was
375examined concerning him, or not?

376Attorney.     Yes.

377Lord Cecil.     I am in great dispute with my self to
378speak in the Case of this Gentleman: A former
379Dearness between me and him, ty'd so firm a Knot
380of my Conceit of his Virtues, now broken by a
381Discovery of his Imperfections. I protest, did I
382serve a King that I knew would be displeased with
383me for speaking, in this Case I would speak, whatever
384came of it; but seeing he is compacted of
385Piety and Justice, and one that will not mislike of
386any Man for speaking a Truth, I will answer your
387Question.
388    Sir Walter Raleigh was staid by me at Windsor ,
389upon the first News of Copley , that the King's Person

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390should be surprized by my Lord Grey , and Mr.
391George Brook ; when I found Brook was in, I suspected
392Cobham , then I doubted Raleigh to be a Partaker.
393I speak not this, that it should be thought I
394had greater Judgment than the rest of my Lords,
395in making this haste to have them examined. Raleigh
396following to Windsor , I met with him upon
397the Terras, and willed him, as from the King, to
398stay; saying, the Lords had something to say to
399him: then he was examined, but not concerning
400my Lord Cobham , but of the surprizing Treason.
401My Lord Grey was apprehended, and likewise
402Brook ; by Brook we found, that he had given notice
403to Cobham of the surprizing Treason, as he
404deliver'd it to us; but with as much sparingness of
405a Brother, as he might. We sent for my Lord
406Cobham to Richmond , where he stood upon his Justification,
407and his Quality; sometimes being froward,
408he said he was not bound to subscribe,
409wherewith we made the King acquainted. Cobham
410said, if my Lord Chief Justice would say it were
411a Contempt, he would subscribe; whereof being
412resolv'd, he subscrib'd. There was a Light given
413to Aremberg , that Lawrency was examined; but
414that Raleigh knew that Cobham was examined, is
415more than I know.

416Raleigh.     If my Lord Cobham had trusted me in
417the Main, was not I as fit a Man to be trusted in
418the Bye?

419Lord Cecil.     Raleigh did by his Letters acquaint us,
420that my Lord Cobham had sent Lawrency to Aremberg ,
421when he knew not he had any Dealings with
422him.

423Lord Hen. Howard.     It made for you, if Lawrency
424had been only acquainted with Cobham , and not
425with you. But you knew his whole Estate, and
426were acquainted with Cobham's Practice with Lawrency ;
427and it was known to you before, that Lawrency
428depended on Aremberg .

429Attorney.     1. Raleigh protested against the surprizing
430Treason. 2. That he knew not of the Matter
431touching Arabella . I would not charge you, Sir
432Walter , with a Matter of Falshood: You say you
433suspected the Intelligence that Cobham had with
434Aremberg by Lawrency .

435Raleigh.     I thought it had been no other Intelligence,
436but such as might be warranted.

437Attorney.     Then it was but lawful Suspicion. But
438to that whereas you said, that Cobham had accused
439you in Passion, I answer three ways: 1. I observed
440when Cobham said, Let me see the Letter
441again, he paus'd; and when he did see that Count
442Aremberg was touch'd, he cry'd out, Oh Traitor!
443Oh Villain! now will I confess the whole Truth.
4442. The Accusation of a Man on hearsay, is nothing:
445Would he accuse himself on Passion, and
446ruinate his Cause and Posterity, out of malice to
447accuse you? 3. Could this be out of Passion?
448Mark the Manner of it; Cobham had told this at
449least two Months before to his Brother Brook, You
450are Fools, you are on the Bye , Raleigh and I are on
451the Main; we mean to take away the King and his
452Cubs: this he deliver'd two Months before. So
453mark the Manner and the Matter; he would not
454turn the Weapon against his own Bosom, and accuse
455himself to accuse you.

456Raleigh.     Hath Cobham confessed that?

457Ld. Ch. Just.     This is spoken by Mr. Attorney,
458to prove that Cobham's Speech came not out of
459Passion.

460Raleigh.     Let it be proved that Cobham said so.

461Raleigh.     The Attorney hath made a long Narration
462of Copley , and the Priests, which concerns
463me nothing, neither know I how Cobham was alter'd.
464For he told me, if I would agree to further
465the Peace, he would get me 8000 Crowns.
466I asked him, Who shall have the rest of the Money?
467He said, I will offer such a Nobleman who
468was not named some of the Money. I said, he
469will not be persuaded by you, and he will extremely
470hate you for such a Motion. Let me be pinched
471to death with hot Irons, if ever I knew there
472was any Intention to bestow the Money on discontented
473Persons. I had made a Discourse against
474the Peace, and would have printed it: If Cobham
475changed his mind, if the Priests, if Brook had any
476such Intent, what is that to me? They must answer
477for it. He offered me the Mony before Aremberg
478came, that is difference of time.

479Serj. Philips.     Raleigh confesseth the matter, but
480avoideth it by distinguishing of Times. You said
481it was offer'd you before the coming of Aremberg ,
482which is false. For you being examined whether
483you should have such Money of Cobham , or not;
484you said, yea, and that you should have it within
485two or three days. Nemo moriturus praesumitur
486mentiri.

487Ld. Henry Howard.     Alledge me any Ground or
488Cause, wherefore you gave ear to my Lord Cobham
489for receiving Pensions, in Matters you had not
490to deal with.

491Raleigh.     Could I stop my Lord Cobham's Mouth?

492Ld. Cecil.     Sir Walter Raleigh presseth, that my
493Lord Cobham should be brought Face to Face. If
494he ask things of Favour and Grace, they must
495come only from him that can give them. If we sit
496here as Commissioners, how shall we be satisfied
497whether he ought to be brought, unless we hear
498the Judges speak?

499Ld. Ch. Just.     This thing cannot be granted, for
500then a number of Treasons should flourish: The
501Accuser may be drawn by Practice, whilst he is in
502Person.

503Judge Gawdy.     The Statute you speak of, concerning
504two Witnesses in Case of Treason, is found
505to be inconvenient, therefore by another Law it
506was taken away.

507Raleigh.     The common Trial of England is by
508Jury and Witnesses.

509Ld. Ch. Just.     No, by Examination: If three
510conspire a Treason, and they all confess it; here is
511never a Witness, yet they are condemned.

512Judge Warburton.     I marvel, Sir Walter , that you
513being of such Experience and Wit, should stand
514on this Point; for so many Horse-stealers may
515escape, if they may not be condemned without
516Witnesses. If one should rush into the King's
517Privy-Chamber, whilst he is alone, and kill the
518King (which God forbid) and this Man be met
519coming with his Sword drawn all bloody; shall
520not he be condemned to death? My Lord Cobham
521hath, perhaps, been laboured withal; and to save
522you, his old Friend, it may be that he will deny
523all that which he hath said.

524Raleigh.     I know not how you conceive the Law.

525Ld. Ch. Just.     Nay, we do not conceive the Law,
526but we know the Law.

527Raleigh.     The Wisdom of the Law of God is absolute
528and perfect, Haec fac, & vives, &c . But now
529by the Wisdom of the State, the Wisdom of the
530Law is uncertain. Indeed where the Accuser is
531not to be had conveniently, I agree with you;

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532but here my Accuser may, he is alive, and in the
533House. Susanna had been condemned, if Daniel
534had not cried out, Will you condemn an innocent
535Israelite, without Examination or Knowledge of the
536Truth? Remember, it is absolutely the Commandment
537of God: If a false Witness rise up, you
538shall cause him to be brought before the Judges;
539if he be found false, he shall have the Punishment
540which the Accused should have had. It is very
541sure for my Lord to accuse me is my certain Danger,
542and it may be a means to excuse himself.

543Ld. Ch. Just.     There must not such a Gap be opened
544for the Destruction of the King, as would
545be if we should grant this. You plead hard for
546your self, but the Laws plead as hard for the King.
547I did never hear that Course to be taken in a Case
548of Treason, as to write one to another, or speak
549one to another during the time of their Imprisonment.
550There hath been Intelligence between you:
551and what underhand Practices there may be, I
552know not. If the Circumstances agree not with
553the Evidence, we will not condemn you.

554Raleigh.     The King desires nothing but the knowledge
555of the Truth, and would have no advantage
556taken by Severity of the Law. If ever we had
557a gracious King, now we have; I hope, as he is,
558such are his Ministers. If there be but a Trial of
559five Marks at common Law, a Witness must be
560deposed. Good my Lords, let my Accuser come
561Face to Face, and be deposed.

562Ld. Ch. Just.     You have no Law for it: God
563forbid any Man should accuse himself upon his
564Oath.

565Attorn.     The Law presumes, a Man will not accuse
566himself to accuse another. You are an odious
567Man: For Cobham thinks his Cause the worse that
568you are in it. Now you shall hear of some Stirs
569to be raised in Scotland .

573    'Also Watson told me, that a special Person
574told him, that Aremberg offer'd to him 1000
575Crowns to be in that Action; and that Brook
576said, the Stirs in Scotland came out of Raleigh's
577Head.'

578Raleigh.     Brook hath been taught his Lesson.

579Ld. Hen. Howard.     This Examination was taken
580before me; did I teach him his Lesson?

581Raleigh.     I protest before God, I meant it not by
582any Privy-Counsellor; but because Money is scant,
583he will juggle on both sides.
584

587    'The way to invade England , were to begin
588with Stirs in Scotland .'

589Raleigh.     I think so still: I have spoken it to divers
590of the Lords of the Council, by way of Discourse
591and Opinion.

592Attorn.     Now let us come to those words, of destroying
593the King and his Cubs .

594Raleigh.     O barbarous! if they, like unnatural
595Villains, should use those words, shall I be charged
596with them? I will not hear it, I was never any
597Plotter with them against my Country, I was never
598false to the Crown of England . I have spent
5994000 Pounds of my own against the Spanish Faction,
600for the Good of my Country. Do you bring the
601words of these hellish Spiders, Clark , Watson , and
602others, against me?

603Attorn.     Thou hast a Spanish Heart, and thy self
604art a Spider of Hell; for thou confessest the King

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605to be a most sweet and gracious Prince, and yet
606hast conspired against him.

610    'He said, that George Brook told him twice,
611That his Brother, the Lord Cobham , said to him,
612that you are but on the Bye, but Raleigh and
613I are on the Main.'

617    'Being ask'd what was meant by this Jargon,
618the Bye and the Main? he said, That the Lord
619Cobham told him, that Grey and others were in
620the Bye, he and Raleigh were on the Main. Being
621ask'd what Exposition his Brother made of
622these Words? he said, he is loth to repeat it.
623And after saith, by the Main was meant the
624taking away of the King and his Issue; and
625thinks on his Conscience, it was infused into
626his Brother's Head by Raleigh .'

630    'Being ask'd, if ever he had said, It will never
631be well in England, till the King and his Cubs were
632taken away ; he said, he had answered before,
633and that he would answer no more to that Point.'

634Raleigh.     I am not named in all this: There is
635a Law of two sorts of Accusers, one of his own
636Knowledge, another by Hear-say.

637E. of Suffolk.     See the Case of Arnold .

638Ld. Ch. Just.     It is the Case of Sir Wil. Thomas ,
639and Sir Nicholas Arnold .

640Raleigh.     If this may be, you will have any Man's
641Life in a Week.

642Attorn.     Raleigh saith, that Cobham was in a Passion
643when he said so. Would he tell his Brother
644any thing of Malice against Raleigh , whom he
645lov'd as his Life?

646Raleigh.     Brook never loved me; until his Brother
647had accused me, he said nothing.

648Ld. Cecil.     We have heard nothing that might
649lead us to think that Brook accused you, he was
650only in the surprizing Treason; for by accusing
651you he should accuse his Brother.

652Raleigh.     He doth not care much for that.

653Ld. Cecil.     I must judge the best. The Accusation
654of his Brother was not voluntary; he pared every
655thing as much as he could, to save his Brother.

659    'He saith he had a Book written against the
660Title of the King, which he had of Raleigh , and
661that he gave it to his Brother Brook: and Raleigh
662said it was foolishly written.'

663Attorn.     After the King came within twelve
664Miles of London , Cobham never came to see him;
665and intended to travel without seeing the Queen
666and the Prince. Now in this Discontentment
667you gave him the Book, and he gave it his
668Brother.

669Raleigh.     I never gave it him, he took it off
670my Table. For I well remember a little before
671that time I received a Challenge from Sir Amias
672Preston , and for that I did intend to answer it, I
673resolved to leave my Estate settled, therefore laid
674out all my loose Papers, amongst which was this
675Book.

676Ld. Howard.     Where had you this Book?

677Raleigh.     In the old Lord Treasurer's Study, after
678his Death.

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679Ld. Cecil.     Did you ever shew or make known
680the Book to me?

681Raleigh.     No, my Lord.

682Ld. Cecil.     Was it one of the Books which was
683left to me or my Brother?

684Raleigh.     I took it out of the Study in my Lord
685Treasurer's House in the Strand .

686Ld. Cecil.     After my Father's decease, Sir Walter
687Raleigh desired to search for some Cosmographical
688Descriptions of the Indies , which he thought were
689in his Study, and were not to be had in Print;
690which I granted, and would have trusted Sir Walter
691Raleigh as soon as any Man: tho since for some
692Infirmities, the Bands of my Affection to him have
693been broken; and yet reserving my Duty to the
694King my Master, which I can by no means dispense
695with, by God I love him, and have a great Conflict
696within my self: But I must needs say, Sir Walter
697used me a little unkindly, to take the Book
698away without my Knowledge; nevertheless, I
699need make no Apology in behalf of my Father,
700considering how useful and necessary it is for Privy
701Counsellors, and those in his Place, to intercept
702and keep such kind of Writings; for whosoever
703should then search his Study, may in all likelihood
704find all the notorious Libels that were writ against
705the late Queen; and whosoever should rumage
706my Study, at least my Cabinet, may find several
707against the King, our Sovereign Lord, since his
708Accession to the Throne.

709Raleigh.     The Book was in Manuscript, and
710the late Lord Treasurer had wrote in the beginning
711of it with his own Hand, these Words, This
712is the Book of Robert Snagg. And I do own, as
713my Lord Cecil has said, that I believe they may
714also find in my House, almost all the Libels that
715have been writ against the late Queen.

716Attorn.     You were no Privy-Councellor, and I
717hope never shall be.

718Ld. Cecil.     He was not a sworn Counsellor of
719State, but he has been called to Consultations.

720Raleigh.     I think it a very severe Interpretation
721of the Law, to bring me within Compass of Treason
722for this Book, writ so long ago, of which no
723body had read any more than the Heads of the
724Chapters, and which was burnt by G. Brook without
725my Privity; admitting I had delivered the
726same to the Lord Cobham , without allowing or
727approving, but discommending it, according to
728Cobham's first Accusation: and put the Case, I
729should come to my Lord Cecil , as I have often
730done, and find a Stranger with him, with a Packet
731of Libels, and my Lord should let me have
732one or two of them to peruse: This I hope is no
733Treason.

734Attorn.     I observe there was Intelligence between
735you and Cobham in the Tower ; for after he said, it
736was against the King's Title, he denied it again.

737Sir Will. Wade.     First my Lord Cobham confesseth
738it, and after he had subscribed it, he revoked it
739again: To me he always said, that the Drift of
740it was against the King's Title.

741Raleigh.     I protest before God, and all his Works,
742I gave him not the Book.

747Attorn.     My Lords, I must complain of Sir Robert
748Wroth , he says this Evidence is not material.

749Sir Rob. Wroth.     I never spake the words.

750Attorn.     Let Mr. Serjeant Philips testify, whether
751he heard him say the words or no.

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752Ld. Cecil.     I will give my Word for Sir Robert
753Wroth .

754Sir Rob. Wroth.     I will speak as truly as you, Mr.
755Attorney, for by God I never spake it.

756Ld. Ch. Just.     Wherefore should this Book be
757burnt?

758Raleigh.     I burned it not.

759Serj. Philips.     You presented your Friend with it,
760when he was discontented. If it had been before
761the Queen's Death, it had been a less matter; but
762you gave it him presently when he came from the
763King, which was the time of this Discontentment.

764Raleigh.     Here is a Book supposed to be treasonable;
765I never read it, commended it, or deliver'd
766it, nor urged it.

767Attorn.     Why this is cunning.

768Raleigh.     Every thing that doth make for me is
769cunning, and every thing that maketh against me
770is probable.

771Attorn.     Lord Cobham saith, that Kemish came to
772him with a Letter torn, and did wish him not to
773be dismay'd, for one Witness could not hurt him.

774Raleigh.     This poor Man hath been close Prisoner
775these eighteen Weeks; he was offered the Rack
776to make him confess. I never sent any such Message
777by him, I only writ to him, to tell him what
778I had done with Mr. Attorney; having of his at
779that time a great Pearl and a Diamond.

780Ld. H. Howard.     No Circumstance moveth me
781more than this. Kemish was never on the Rack, the
782King gave charge that no Rigour should be used.

783Commissioners.     We protest before God, there
784was no such matter intended to our Knowledges.

785Raleigh.     Was not the Keeper of the Rack sent
786for, and he threatned with it?

787Sir W. Wade.     When Mr. Sollicitor and my self
788examined Kemish , we told him he deserved the
789Rack, but did not threaten him with it.

790Commissioners.     It was more than we knew.

804Ld. Cecil.     Cobham was ask'd, whether, and when
805he heard from you? he said; every day.

806Raleigh.     Kemish added more, I never bade him
807speak those Words.

811Ld. Cecil.     It is his last Discourse; give him leave,
812Mr. Attorney.

813Raleigh.     I am accused concerning Arabella , concerning
814Money out of Spain . My Lord Chief Justice
815saith, a Man may be condemned with one Witness,
816yea, without any Witness. Cobham is guilty
817of many things, Conscientia mille Testes ; he hath accused
818himself, what can he hope for but Mercy?
819My Lords, vouchsafe me this Grace: Let him be
820brought, being alive, and in the House; let him
821avouch any of these things, I will confess the whole
822Indictment, and renounce the King's Mercy.

823Ld. Cecil.     Here hath been a touch of the Lady
824Arabella Stuart , a near Kinswoman of the King's.

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column 1

825Let us not scandal the innocent by Confusion of
826Speech: She is as innocent of all these things as I,
827or any Man here; only she received a Letter
828from my Lord Cobham , to prepare her; which she
829laugh'd at, and immediately sent it to the King. So
830far was she from Discontentment, that she laugh'd
831him to scorn. But you see how far the Count of
832Aremberg did consent.
833

841Ld. Cecil.     The Lord Cobham wrote to my Lady
842Arabella , to know if he might come to speak with
843her, and gave her to understand, that there were
844some about the King that laboured to disgrace
845her; she doubted it was but a Trick. But Brook
846saith, his Brother moved him to procure Arabella
847to write Letters to the King of Spain ; but he
848saith, he never did it.

849Raleigh.     The Lord Cobham hath accused me, you
850see in what manner he hath forsworn it. Were it
851not for his Accusation, all this were nothing.
852Let him be asked, if I knew of the Letter which
853Lawrency brought to him from Aremberg . Let me
854speak for my Life, it can be no hurt for him to be
855brought; he dares not accuse me. If you grant
856me not this Favour, I am strangely used. Campian
857was not denied to have his Accusers face to
858face.

859Ld. Ch. Just.     Since he must needs have Justice,
860the acquitting of his old Friend may move him
861to speak otherwise than the Truth.

862Raleigh.     If I had been the Infuser of all these
863Treasons into him; you Gentlemen of the Jury,
864mark this, he said I have been the Cause of all his
865Miseries, and the Destruction of his House, and
866that all Evil hath happened unto him by my wicked
867Counsel: If this be true, whom hath he cause
868to accuse, and to be revenged on, but on me?
869And I know him to be as revengeful as any Man
870on Earth.

871Attorn.     He is a Party, and may not come; the
872Law is against it.

873Raleigh.     It is a Toy to tell me of Law; I defy
874such Law, I stand on the Fact.

875Ld. Cecil.     I am afraid my often speaking (who
876am inferiour to my Lords here present) will make
877the World think I delight to hear my self talk. My
878Affection to you, Sir Walter Raleigh , was not extinguished,
879but slaked, in regard of your Deserts.
880You know the Law of the Realm (to which your
881Mind doth not contest) that my Lord Cobham cannot
882be brought.

883Raleigh.     He may be, my Lord.

884Ld. Cecil.     But dare you challenge it?

885Raleigh.     No.

886Ld. Cecil.     You say that my Lord Cobham , your
887main Accuser, must come to accuse you. You say,
888he hath retracted: I say, many Particulars are not
889retracted. What the Validity of all this is, is
890merely left to the Jury. Let me ask you this, If
891my Lord Cobham will say you were the only Instigator
892of him to proceed in the Treasons, dare you
893put your self on this?

894Raleigh.     If he will speak it before God and the
895King, that ever I knew of Arabella's Matter, or
896the Money out of Spain , or the surprising Treason;

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897I put my self on it, God's Will and the King's
898be done with me.

899Ld. H. Howard.     How! if he speak things equivalent
900to that you have said?

901Raleigh.     Yes, in a main Point.

902Ld. Cecil.     If he say, you have been the Instigator
903of him to deal with the Spanish King, had not the
904Council cause to draw you hither?

905Raleigh.     I put my self on it.

906Ld. Cecil.     Then Sir Walter Raleigh , call upon
907God, and prepare your self; for I do verily believe
908my Lords will prove this. Excepting your
909faults (I call them no worse) by God I am your
910Friend. The Heat and Passion in you, and the
911Attorney's Zeal in the King's Service, makes me
912speak this.

913Raleigh.     Whosoever is the Workman, it is reason
914he should give an account of his Work to the Workmaster.
915But let it be proved that he acquainted
916me with any of his Conferences with Aremberg:
917he would surely have given me some account.

918Ld. Cecil.     That follows not: If I set you on
919work, and you give me no account, am I therefore
920innocent?

921Attorn.     For the Lady Arabella , I said she was
922never acquainted with the matter. Now that
923Raleigh had Conference in all these Treasons, it is
924manifest: The Jury hath heard the matter. There
925is one Dyer , a Pilot, that being in Lisbon , met with
926a Portugal Gentleman, who ask'd him if the King
927of England was crown'd yet? To whom he answered,
928I think not yet, but he shall be shortly . Nay,
929saith the Portugal , that shall never be, for his
930Throat will be cut by Don Raleigh and Don Cobham
931before he be crowned.

936Dyer.     I came to a Merchant's House in Lisbon , to
937see a Boy that I had there; there came a Gentleman
938into the House, and enquiring what Countryman
939I was, I said, an Englishman . Whereupon
940he asked me, if the King was crowned? And I
941answered, No, but that I hoped he should be so
942shortly. Nay, saith he, he shall never be crowned;
943for Don Raleigh and Don Cobham will cut his
944Throat ere that Day come.

945Raleigh.     What infer you upon this?

946Attorn.     That your Treason hath Wings.

947Raleigh.     If Cobham did practise with Aremberg ,
948how could it not but be known in Spain? Why did
949they name the Duke of Buckingham with Jack
950Straw's Treason, and the Duke of York with Jack
951Cade , but that it was to countenance his Treason?
952    Consider you Gentlemen of the Jury, there is
953no Cause so doubtful which the King's Counsel
954cannot make good against the Law. Consider my
955Disability, and their Ability: They prove nothing
956against me, only they bring the Accusation
957of my Lord Cobham , which he hath lamented and
958repented as heartily, as if it had been for an horrible
959Murder: for he knew that all this Sorrow
960which should come to me, is by his means. Presumptions
961must proceed from precedent or subsequent
962Facts. I have spent 40000 Crowns against
963the Spaniard . I had not purchased 40 Pound a
964Year. If I had died in Guiana , I had not left 300
965Marks a Year to my Wife and Son. I that have
966always condemned the Spanish Faction, methinks
967it is a strange thing that now I should affect it!

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968Remember what St. Austin says, Sic judicate tanquam
969ab alio mox judicandi; unus judex, unum Tribunal .
970If you would be contented on Presumptions
971to be delivered up to be slaughtered, to have
972your Wives and Children turned into the Streets
973to beg their Bread; if you would be contented to
974be so judged, judge so of me.

975Serj. Philips.     I hope to make this so clear, as that
976the Wit of Man shall have no Colour to answer it.
977The Matter is Treason in the highest Degree, the
978End to deprive the King of his Crown. The particular
979Treasons are these: First, to raise up Rebellion,
980and to effect that, to procure Money; to
981raise up Tumults in Scotland , by divulging a treasonable
982Book against the King's Right to the
983Crown; the purpose, to take away the Life of
984his Majesty and his Issue. My Lord Cobham confesseth
985Sir Walter Raleigh to be quilty of all these
986Treasons. The Question is, whether he be guilty
987as joining with him, or instigating of him? The
988Course to prove this, was by my Lord Cobham's Accusation.
989If that be true, he is guilty; if not, he
990is clear. So whether Cobham say true, or Raleigh ,
991that is the Question. Raleigh hath no
992Answer, but the Shadow of as much Wit, as the
993Wit of Man can devise. He useth his bare Denial;
994the Denial of a Defendant must not move the
995Jury. In the Star-Chamber, or in the Chancery,
996for matter of Title, if the Defendant be called in
997question, his Denial on his Oath is no Evidence
998to the Court to clear him, he doth it in propria
999causa ; therefore much less in Matters of Treason.
1000Cobham's Testification against him before then, and
1001since, hath been largely discoursed.

1002Raleigh.     If Truth be constant, and Constancy
1003be in Truth, why hath he forsworn that that he
1004hath said? You have not proved any one thing against
1005me by direct Proofs, but all by Circumstances.

1006Attorn.     Have you done? The King must have
1007the last.

1008Raleigh.     Nay, Mr. Attorney, he which speaketh
1009for his Life, must speak last. False Repetitions
1010and Mistakings must not mar my Cause. You
1011should speak secundum allegata & probata . I appeal
1012to God and the King in this Point, whether Cobham's
1013Accusation be sufficient to condemn me?

1014Attorn.     The King's Safety and your Clearing
1015cannot agree. I protest before God, I never knew
1016a clearer Treason.

1017Raleigh.     I never had Intelligence with Cobham
1018since I came to the Tower .

1019Attorn.     Go to, I will lay thee upon thy Back,
1020for the confidentest Traitor that ever came at a
1021Bar. Why should you take 8000 Crowns for a
1022Peace?

1023Ld. Cecil.     Be not so impatient, good Mr. Attorney ,
1024give him leave to speak.

1025Attorney.     If I may not be patiently heard, you
1026will encourage Traitors, and discourage us. I am
1027the King's sworn Servant, and must speak: If he
1028be Guilty, he is a Traitor; if not, deliver him.

1038Attorney.     Thou art the most vile and execrable
1039Traitor that ever lived.

1040Raleigh.     You speak indiscreetly, barbarously and
1041uncivilly.

1042Attorney.     I want Words sufficient to express thy
1043viperous Treasons.

1044Raleigh.     I think you want Words indeed, for
1045you have spoken one thing half a dozen times.

1046Attorney.     Thou art an odious Fellow, thy Name
1047is hateful to all the Realm of England for thy
1048Pride.

1049Raleigh.     It will go near to prove a measuring
1050Cast between you and me, Mr. Attorney .