This is that must prove me a notorious Traitor. or a true subject to the king. Let me see my Accusation, that I may make my Answer. Clerk of the Council. I did read it, and shew you all the Examinations. : Christendom; but now he cometh creeping to the king my master for peace. I knew, whereas before he had in his port six or seven score sail of ships, he hath now but six or seven. I knew of 25,000,000 he had from his Indies, he Raleigh. At my first Examination at Wind- hath scarce one left. I knew him to be so poor, sor, my lords asked me, what I knew of Cob- that the Jesuits in Spain, who were wont to ham's practice with Aremberg, I answered ne- have such large allowance, were fain to beg at gatively And as concerning Arabella, I pro- the church-door. Was it ever read or heard, test before God, I never heard one word of it. that any prince should disburse so much money If that be proved, let me be guilty of ten thou- without a sufficient pawn? I knew her own sand Treasons. It is a strange thing you will subjects, the citizens of London, would not lend impute that to me, when I never heard so her majesty money, without lands in mortgage. much as the name of Arabella Stuart, but only I knew the Queen did not lend the States the name of Arabella.-After being examined, money, without Flushing, Brill, and other I told my lords, that I thought my lord Cob- towns for a pawn. And can it be thought, that ham had conference with Aremberg; I sus- he would let Cobham have so great a sum ?— pected his visiting of him: for after he depart-I never came to the lord Cobham's, but about ed from me at Durham-house, I saw him pass matters of his profit; as the ordering of his by his own stairs, and passed over to St. Mary house, paying of his servants board-wages, &c. Saviours, where I knew Lawrency, a merchant, I had of his, when I was examined, 4,000l. and a follower of Aremberg, lay, and therefore worth of jewels for a purchase; a pearl of likely to go unto him. My lord Cecil asked 3,000l. and a ring worth 500l. If he had had my opinion concerning Lawrency; I said, that a fancy to run away, he would not have left so if you do not apprehend Lawrency, it is dan- much to have purchased a lease in fee-farm. I gerous, he will fly; if you do apprehend him, saw him buy 300/, worth of Books to send to you shall give my lord Cobham notice thereof. his Library at Canterbury, and a cabinet of 301. I was asked who was the greatest man with to give to Mr. Attorney, for drawing the conmy lord Cobham; I answered, I knew no man veyances: and God in heaven knoweth, not I, so great with him as young Wyat of Kent.- whether he intended to travel or no. But for As soon as Cobham saw my Letter to have dis- that practice with Arabella, or letters to Aremcovered his dealing with Aremberg, in his fury berg framed, or any discourse with him, or in he accused me; but before he came to the what language he spake unto him; if I knew stair-foot he repented, and said he had done any of these things, I would absolutely confess me wrong. When he came to the end of his the indictment, and acknowledge myself worthy Accusation, he added, that if he had brought ten thousand deaths. this money to Jersey, he feared that I would have delivered him and the money to the king. Mr. Attorney, you said this never came out of Cobham's quiver; he is a simple man. Is he so simple? No; he hath a disposition of his own, he will not easily be guided by others; ¦ but when he has once taken head in a matter, he is not easily drawn from it: he is no babe. But it is strange for me to devise with Cobham, that he should go to Spain, to persuade the king to disburse so much money, he being a man of no love in England, and I having resigned my room of chiefest command, the Wardenship of the Stannaries. Is it not strange for me to make myself Robin Hood, or a Kett, or a Cade? I knowing England to be in better estate to defend itself than ever it was. I knew Scotland united; Ireland quieted, wherein of late our forces were dispersed; Denmark assured, which before was suspected. I knew, that having lost a lady whom time had surprized, we had now an active king, a lawful Successor, who would himself be present in all his affairs. The State of Spain was not unknown to me: I had written a Discourse, which I had intended to present unto the king, against peace with Spain. I knew the Spaniards had six repulses; three in Ireland, and three at sea, and once in 1588, at Cales, by my Lord Admiral. I knew he was discouraged and dishonoured. I knew the king of Spain to be the proudest prince in Cobham's second Examination read. The lord Cobham being required to subscribe to an Examination, there was shewed a Note under sir Walter Raleigh's hand; the which when he had perused, he paused, and after brake forth into those Speeches: Oh Villain! Oh traitor! I will now tell you all the truth; and then said, His purpose was to go into Flanders, and into Spain, for the obtaining the aforesaid Money; and that Raleigh had appointed to meet him in Jersey as he returned home, to be advised of him about the distribution of the Money. L. C. J. Popham. When Cobham answered to the Interrogatories, he made scruple to subscribe; and being urged to it, he said, if he might hear me affirm, that a person of his degree ought to set his hand, he would: I lying then at Richmond for fear of the Plague, was sent for, and I told he ought to subscribe; otherwise it were a Contempt of a high nature: then he subscribed. The lords questioned with him further, and he shewed them a Letter, as I thought written to me, but it was indeed written to my lord Cecil: he desired to see the Letter again, and then said, 'Oh wretch! Oh traitor!' whereby I perceived you had not performed that trust he had reposed in you. Raleigh. He is as passionate a man as lives; for he hath not spared the best friends he hath in England in his passion. My lords, ham, and not with you. But you knew his I take it, be that has been examined, has ever whole estate, and were acquainted with Cobbeen asked at the time of his Examination, if ham's practice with Lawrency: and it was it be according to his meaning, and then to sub-known to you before, that Lawrency depended scribe. Methinks, my lords, when he accuses on Aremberg. a man, he should give some account, and reason of it: It is not sufficient to say, we talked of it. If I had been the Plotter, would not I have given Cobham some arguments, whereby to persuade the king of Spain, and answer his objections? I knew Westmoreland and Bothwell, men of other understandings than Cobham, were ready to beg their bread. Sir Tho. Fowler, one of the Jury. Did sir Walter Raleigh write a Letter to my lord before he was examined concerning him, or not? Att. Yes. Lord Cecil. I am in great dispute with myself to speak in the Case of this gentleman: A former dearness between me and him, tyed so firm a knot of my conceit of his virtues, now broken by a discovery of his imperfections. I protest, did I serve a king that I knew would be displeased with me for speaking, in this case I would speak, whatever came of it; but seeing he is compacted of piety and justice, and one that will not mislike of any man for speaking a truth, I will answer your question.-Sir Walter Raleigh was staid by me at Windsor, upon the first news of Copley, that the king's Person should be surprized by my lord Grey, and Mr. George Brook; when I found Brook was in, I suspected Cobham, then I doubted Raleigh to be a partaker. I speak not this, that it should be thought I had greater judgment than the rest of my lords, in making this haste to have them examined. Raleigh following to Windsor, I met with him upon the Terrace, and willed him, as from the king, to stay; saying, the lords had something to say to him: then he was examined, but not concerning my lord Cobham, but of the surprizing Treason. My lord Grey was apprehended, and likewise Brook; by Brook we found, that he had given notice to Cobham of the surprizing Treason, as he delivered it to us; but with as much sparingness of a brother, as he might. We sent for my lord Cobham to Richmond, where he stood upon his justification, and his quality; sometimes being froward, he said he was not bound to subscribe, wherewith we made the king acquainted. Cobham said, if my L. C. Justice would say it were a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a light given to Arenberg, that Law rency was examined; but that Raleigh knew that Cobham was examined, is more than I know. Raleigh. If my lord Cobham had trusted me in the Main, was not I as fit a man to be trusted in the Bye? Lord Cecil. Raleigh did by his Letters acquaint us that my lord Cobhain had sent Law rency to Aremberg, when he knew not he had any dealings with him. Lord Hen. Howard. It made for you, if Lawrency had been only acquainted with Cob Attorney. 1. Raleigh protested against the surprising Treason. 2. That he knew not of the matter touching Arabella. I would not charge you, sir Walter, with a matter of falsehood: you say you suspected the Intelligence that Cobham had with Aremberg by Lawrency. Raleigh. I thought it had been no other Intelligence, but such as might be warranted. Attorney. Then it was but lawful suspicion. But to that whereas you said, that Cobham had accused you in passion, I answer three ways: 1. I observed when Cobham said, Let me see the Letter again, he paused; and when he did. see that count Aremberg was touched, he cried out, Oh Traitor! Oh Villain! now will I confess the whole truth. 2. The accusation of a man on hearsay, is nothing; would he accuse himself on passion, and ruinate his case and posterity, out of malice to accuse you? 3. Could this be out of passion? Mark the manner of it; Cobham had told this at least two months before to his brother Brook,, You ( are fools, you are on the bye, Raleigh and I are on the main; we mean to take away the king and his cubs: this he delivered two months before. So mark the manner and the matter; he would not turn the weapon against his own bosom, and accuse himself to accuse you. Raleigh. Hath Cobham confessed that? L. C. J. This is spoken by Mr. Attorney to prove that Cobham's Speech came not out of passion. Raleigh. Let it be proved that Cobham said so. Attorney. Cobham saith, he was a long me doubtful of Raleigh, that he would send him and the money to the king. Did Cobham fear lest you would betray him in Jersey? Then of necessity there must be Trust between you. No man can betray a man, but he that is trusted, in my understanding. This is the greatest argument to prove that he was acquainted with Cobham's Proceedings. Raleigh has a deeper reach, than to make himself, as he said, Robin Hood, a Kett, or Cade;' yet I never heard that Robin Hood was a Traitor; they say he was an outlaw. And whereas he saith that our king is not only more wealthy and potent than his predecessors, but also more politic and wise, so that he could have no hope to prevail; I answer, There is no king so potent, wise and active, but he may be overtaken through Treason. Whereas you say Spain is so poor, discoursing so largely thereof; it had been better for you to have kept in Guiana, than to have been so well acquainted with the state of Spain. Besides, if you could have brought Spain and Scotland to have joined, you might have hoped to prevail a great deal the better. For his six Overthrows, I answer, he hath the more malice, because repulses breed desire of revenge. Then you say you never talked with Cobham, but about leases, and letting lands, and ordering his house; I never knew you Clerk of the kitchen, &c. If you had fallen on your knees at first, and confessed the Treason, it had been better for you. You say, He meant to have given me a Cabinet of 301.; perhaps he thought by those means to have anticipated me therewith. But you say all these are Circumstances I answer, all this Accusation in Circumstance is true. Here now I might appeal to my lords, that you take hold of this, that he subscribed not to the Accusation. Lord Hen. Howard. Cobham was not then pressed to subscribe. Attorney. His Accusation being testified by the lords, is of as great force, as if he had subscribed. Raleigh saith again, If the Accuser be alive he must be brought face to face to speak; and alledges 25 Edw. 3rd that there must be two sufficient Witnesses, that must be brought face to face before the accused; and alledgeth 10 and 13 Elizabeth. Raleigh. You try me by the Spanish Inquisitition, if you proceed only by the Circumstances, without two Witnesses. Attorney. This is a treasonable speech. Raleigh. Evertere Hominem justum in causa sua injustum est. Good my lords, let it be proved, either by the laws of the land, or the laws of God, that there ought not to be two Witnesses appointed; yet I will not stand to defend this point in law, if the king will have it so it is no rare thing for a man to be falsely accused. A Judge condemned a woman in Sarum for killing her husband on the testimony of one Witness; afterwards his man confessed the Murder, when she was executed; who after being touched in conscience for the Judgment, was used to say, Quod nunquam de hoc facto animam in vita sua purgaret. It is also commanded by the Scripture; Allocutus est Jehova Mosen, in Ore duorum aut trium TesLium, &c. If Christ requireth it, as it appeareth, Mat. xviii. if by the Canon, Civil Law, and God's Word, it be required, that there must be two Witnesses at the least; bear with me if I desire one. I would not desire to live, if I were privy to Cobham's Proceedings. I have been a slave, a villain, a fool, if I had endeavoured to set up Arabella, and refused so gracious a lord and sovereign. But urge your proofs. L. C. Justice. You have offered Questions on diverse Statutes, all which mention two accusers in case of Indictments: you have deceived yourself, for the laws of 25 Edw. 3d, and 5 Edw. 6th are repealed. It sufficeth now if there be Proofs made either under hand, or by testimony of Witnesses, or by oaths; it needs not the Subscription of the party, so there be hands of credible men to testify the Exanination. Raleigh. It may be an error in me; and if those laws be repealed, yet I hope the equity of them remains still; but if you affirm it, it must be a law to posterity. The Proof of the Common Law is by witness and jury: let Co ham be here, let him speak it. Call my a cuser before my face, and I have done. Attorney. Scientia sceleris est mera ign rantia. You have read the letter of the law but understand it not. Here was your ancho hold, and your rendezvous: you trust to Cobhan either Cobham must accuse you, or nobody; he did, then it would not hurt you, because h is but one Witness; if he did not, then you ar safe. Raleigh. If ever I read a word of the lay or statutes before I was Prisoner in the Tower God confound me. Attorney. Now I come to prove the Cir cumstances of the Accusation to be true Cobham confessed he had a Pass-port to travel hereby intending to present overtures to the Arch-Duke, aud from thence to go to Spain and there to have conference with the king for Money. You say he promised to come home by Jersey, to make merry with you and your wife. Raleigh. I said in his return from France, not Spain. Attorney. Further in his Examination he saith, nothing could be set down for the Distribution of the Money to the discontented, without conference with Raleigh. You said it should have been for procurément of Peace, but it was for raising Rebellion. Further, Cobham saith, he would never have entered into these courses, but by your instigation, and that you would never let him alone. Your scholar was not apt enough to tell us all the Plots; that is enough for you to do, that are his mas ter. You intended to trust sir Arthur Savage, whom I take to be an honest and true gentleman, but not sir Arthur Gorge. Raleigh. All this is but one Accusation of Cobham's, I hear no other thing; to which Accusation he never subscribed nor avouched it. I beseech you, my lords, let Cobham be sent for, charge him on his soul, on his allegiance to the king; if he affirm it, I am guilty. Lord Cecil. It is the Accusation of my lord Cobham, it is the Evidence against you: must it not be of force without his subscription? I desire to be resolved by the Judges, whether by the law it is not a forcible argument of evidence. Judges. My lord, it is. Raleigh. The king at his coronation is sworn In omnibus Judiciis suis æquitatem, non rigorem Legis, observare. By the rigour and cruelty of the law it may be a forcible evidence. L. Č. J. That is not the rigour of the law, but the justice of the law; else when a man hath made a plain Accusation, by practice be might be brought to retract it again. Raleigh. Oh my lord, you may use equity. L. C. J. That is from the king; you are to have justice from us. Lord Anderson. The law is, if the matter be proved to the jury, they must find you guilty for Cobham's Accusation is not only against you, there are other things sufficient. Lord Cecil. Now that sir Walter Raleigh is satisfied, that Cobham's Subscription is not necessary, I pray you, Mr. Attorney, go on. Raleigh. Good Mr. Attorney, be patient, and give me .eave. Lord Cecil. An unnecessary patience is a hindrance; let him go on with his proofs, and then refel them. Raleigh. I would answer particularly. Lord Cecil. If you would have a table and pen and ink, you shall. Then paper and ink was given him. Here the Clerk of the Crown read the Letter, which the lord Cobham did write in July, which was to the effect of his former Examination; further saying, I have disclosed all: to accuse any one falsely, were to burden my own conscience. Attorney. Read Copley's Confession the 8th of June; He saith, He was offered 1000 crowns to be in this action. Here Watson's Additions were read. The great mass of Money from the count was impossible,' &c. Brook's Confession read. There have Letters passed, saith he, between Cobham and Aremberg, for a great sum of Money to assist a second action, for the surprizing of his majesty.' Attorney. It is not possible it was of passion: for it was in talk before three men, being severally examined, who agreed in the sum to be bestowed on discontented persons; That Grey should have 12,000 crowns, and Raleigh should have 8000, or 10,000 crowns. Cobham's Examination, July 18. If the money might be procured (saith he) then a man may give pensions. Being asked if a pension should not be given to his brother Brook, he denied it not. Lawrency's Examination. Within five days after Aremberg arrived, Cobham resorted unto him. That night that Cobham went to Aremberg with Lawrency, Raleigh supped with him. Attorney. Raleigh must have his part of the Money, therefore now he is a traitor. The crown shall never stand one year on the head of the king (my master) if a Traitor may not be condemned by Circumstances: for if A. tells B. and B. teils C. and C. D. &c. you shall never prove Treason by two Witnesses. Raleigh's Examination was read. He confesseth Cobham offered him 8000 crowns, which he was to have for the furtherance of the Peace between England and Spain, and that he should have it within three days. To which he said, he gave this answer; When I see the Money, I will tell you more: for I had thought it had been one of his ordinary idle conceits, and therefore made no Account thereof. Raleigh. The Attorney hath made a long narration of Copley, and the Priests, which concerns me nothing, neither know I how Cobbam was altered. For he told me if I would agree to further the Peace, he would get me 8000 crowns. I asked him, Who shall have VOL. II. the rest of the money? He said I will offer such a nobleman (who was not named) some of the Money. I said, he will not be persuaded by you, and he will extremely hate you for such a motion. Let me be pinched to death with hot irons, if ever I knew there was any intention to bestow the money on discontented persons. I had made a discourse against the Peace, and would have printed it; if Cobham changed his mind, if the Priests, if Brook had any such intent, what is that to me? They must answer for it. He offered me the Money before Aremberg came, that is difference of time. Serj. Philips. Raleigh confesseth the matter, but avoideth it by distinguishing of times. You said it was offered you before the coming of Aremberg, which is false. For you being examined whether you should have such Money of Cobham, or not; you said, Yea, and that you should have it within two or three days. Nem moriturus præsumitur mentiri. Ld. Hen. Howard. Alledge me any ground or cause, wherefore you gave ear to my lord Cobham for receiving Pensions, in matters you had not to deal with. Raleigh. Could I stop my Lord Cobham's mouth? Ld. Cecil. Sir Walter Raleigh presseth, that my lord Cobham should be brought face to face. If he asks things of favour and grace, they must come only from him that can give them. If we sit here as commissioners, how shall we be satisfied whether he ought to be brought, unless we hear the Judges speak? L. C. J. This thing cannot be granted, for then a number of Treasons should flourish : the Accuser may be drawn by practise, whilst he is in person. Justice Gawdy. The Statute you speak of concerning two Witnesses in case of Treason, is found to be inconvenient, therefore by another law it was taken away. Raleigh. The common Trial of England is by Jury and Witnesses. L. C. J. No, by Examination: if three conspire a Treason, and they all confess it; here is never a Witness, yet they are con demned. Justice Warburton. I marvel, sir Walter, that you being of such experience and wit, should stand on this point; for so many horse-stealers may escape, if they may not be condemned without witnesses. If one should rush into the king's Privy-Chamber, whilst he is alone, and kill the king (which God forbid) and this man be met coming with his sword drawn all bloody; shall not he be condemned to death? My lord Cobhamn hath, perhaps, been laboured withal; and to save you, his old friend, it may be that he will deny all that which he hath said. Raleigh. I know not how you conceive the Law. L. C. J. Nay, we do not conceive the Law, but we know the Law. Raleigh. The wisdom of the Law of God is absolute and perfect 11ac fuc et vives, &c. But now by the Wisdom of the State, the Wisdom of the Law is uncertain. Indeed, where the Accuser is not to be had conveniently, I agree with you; but here my Accuser may; he is alive, and in the house. Susanna had been condemned, if Daniel had not cried out, Will you condemn an innocent Israelite, without examination or knowledge of the truth?' Remember, it is absolutely the Commandment of God: If a false witness rise up, you shall cause him to be brought before the Judges; if he be found false, he shall have the punishment which the accused should have had. It is very sure, for my lord to accuse me is my certain danger, and it may be a means to excuse himself. be charged with them? I will not hear it; I was never any Plotter with them against my country, I was never false to the crown of England. I have spent 4000 pounds of my own against the Spanish Faction, for the good of my country. Do you bring the words of these hellish spiders, Clark, Watson, and others, against me? L. C. J. There must not such a gap be opened for the destruction of the king, as would be if we should grant this. You plead hard for yourself, but the laws plead as hard for the king. I did never hear that course to be taken in a case of Treason, as to write one to another, or speak one to another, during the time of their imprisonment. There hath been intelligence between you; and what under-hand practices there may, be, I know not. If the circumstances agree not with the Evidence, we will not condemn you. Attorney. Thou hast a Spanish heart, and thyself art a Spider of Hell; for thou confessest the king to be a most sweet and gracious prince, and yet hast conspired against him. Watson's Examination read. "He said, that George Brook told him twice, That his brother, the lord Cobham, said to him, that you are but on the bye, but Kaleigh and I are on the main.” Brook's Examination read. "Being asked what was meant by this Jargon, the Bye and the Main ? he said, That the lord Cobham told him, that Grey and others were in the Bye, he and Raleigh were on the Main. Being asked, what exposition his brother made of these words? He said, he is loath to repeat it. And after saith, by the main was meant the taking away of the king and Raleigh. The king desires nothing but the his issue; and thinks on his conscience, it was knowledge of the truth, and would have no ad-infused into his brother's head by Raleigh." vantage taken by severity of the law. If ever we had a gracious king, now we have; I hope, as he is, such are his ministers. If there be but a trial of five marks at Common Law, a Cobham's Examination read. "Being asked, 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 answerbefore, and that he would answer no more to that point." witness must be deposed. Good my lords, leted my Accuser come face to face, and be deposed. L. C. J. You have no law for it: God for hid any man should accuse himself upon his oath! Attorney. The law presumes, a man will not accuse himself to accuse another. You are an odious man: for Cobham thinks his cause the worse that you are in it. Now you shall hear of some stirs to be raised in Scotland. Part of Copley's Examination. "Also Watson told me, that a special person told him, that Aremberg offered to him 1000 crowns to be in that action; and that Brook said, the stirs in Scotland came out of Raleigh's head." Raleigh. Brook hath been taught his Les is a law of two sorts of Accusers; one of his Raleigh. I am not named in all this: there own knowledge, another by hear-say. E. of Suffolk. See the Case of Arnold. L. C. J. It is the Case of sir Will. Thomas, and sir Nicholas Arnold. Raleigh. If this may be, you will have any inan's life in a week. Attorney. Raleigh saith, that Cobham was in a passion when he said so. Would he tell his brother any thing of malice against Raleigh, whom he loved as his life? Raleigh. Brook never loved me; until his brother had accused me, he said nothing. Ld. Cecil. We have heard nothing that might lead us to think that Brook accused you, he was only in the surprizing Treason: for by accusing you he should accuse his brother. Raleigh. He doth not much care for that. Ld. Cecil. I must judge the best. The ac-¡ cusation of his brother was not voluntary; he pared every thing as much as he could to save his brother. Cobham's Examination read. "He saith he had a Book written against the Title of the King, which he had of Raleigh, and that he gave it to his brother Brook: and Raleigh said it was foolishly written." Attorney. After the king came within 12 miles of London, Cobham never came to see him; and intended to travel without seeing the |