queen and the prince. Now in this discontentiment you gave him the Book, and he gave it his brother.

Raleigh. I never gave it him, he took it off my table. For I well remember a little before that time I received a Challenge from sir Amias Preston, and for that I did intend to answer it, I resolved to leave my estate settled, therefore laid out all my loose Papers, amongst which was this Book,

Ld. Howard. Where had you this Book? Raleigh. In the old Lord Treasurer's Study, after his death.

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

Raleigh. No, my Lord.

Ld. Cecil. Was it one of the books which was left to me or my brother?

Raleigh. I took it out of the study in my Lord Treasurer's house in the Strand.

Ld. Cecil. After my father's decease, sir Walter Raleigh desired to search for some Cosmographical descriptions of the Indies, which he thought were in his Study, and were not to be had in print; which I granted, and would have trusted sir Walter Raleigh as soon as any man: though since for some infirmities, the bands of my affection to him have been bro ken; and yet reserving my duty to the king my master, which I can by no means dispense with, by God, I love him, and have a great conflict within myself: but I must needs say, sir Walter used me a little unkindly to take the Book away without my knowledge; nevertheless, I need make no apology in behalf of my father, considering how useful and necessary it is for privy-counsellors and those in his place to intercept and keep such kind of writings; for whosoever should then search his study may in all likelihood find all the notorious Libels that were writ against the late queen; and whosoever should rummage my Study, or at least my Cabinet, may find several against the king, our Sovereign Lord, since his accession to the throne.

Raleigh. The Book was in Manuscript, and the late Lord Treasurer had wrote in the beginning of it with his own Hand; these words, This is the Book of Robert Snagg.' And I do own, as my lord Cecil has said, that I believe they may also find in my house almost all the Libels that have been writ against the late queen.

Att. You were no privy-counsellor, and I hope never shall be.

Ld. Cecil. He was not a sworn counsellor of state, but he has been called to consultations.

Raleigh. I think it a very severe interpretation of the law, to bring me within compass of Treason for this Book, writ so long ago, of which nobody had read any more than the Heads of the Chapters, and which was burnt by G. Brook without my privity; admitting I had delivered the same to the lord Cobham, without allowing or approving, but discommending it, according to Cobham's first Accusation:

and put the case, I should come to my lord Cecil, as I have often done, and find a stranger with him, with a packet of Libels, and my lord should let me have one or two of them to peruse: this I hope is no Treason.

Att. I observe there was intelligence bctween you and Cobham in the Tower; for after he said it was against the king's Title, he denied it again.

Sir W. Wade. First, my lord Cobham confesseth it, and after he had subscribed it, he revoked it again: to me he always said, that the drift of it was against the king's Title,

Raleigh. I protest before God, and all his works, I gave him not the Book.

Note, Sir Robert Wroth speaketh, or whis pereth something secretly.

Att. My lords, I must complain of sir Robert Wroth; he says this Evidence is not material..

Sir R. Wroth. I never spake the words. Att. Let Mr. serjeant Philips testify whether he heard him say the words or no. Ld. Cecil. I will give my word for sir R. Wroth.

Sir R. Wroth. I will speak as truly as you, Mr. Attorney, for by God, I never spake it. L. C. J. Wherefore should this Book be burnt?

Raleigh. I burned it not.

Serj. Philips. You presented your friend with it when he was discontented. If it had been before the queen's death, it had been a less matter; but you gave it him presently when he came from the king, which was the time of his discontentment.

Raleigh. Here is a Book supposed to be treasonable; I never read it, commended it, or delivered it, nor urged it.

Attorney. Why, this is cunning.

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

Att. Lord Cobham saith, that Kemish came to him with a letter torn, and did wish him not to be dismayed, for one witness could not hurt him.

Raleigh. This poor man hath been close prisoner these 18 weeks; he was offered the rack to make him confess. I never sent any such message by him; I only writ to him, to tell him what I had done with Mr. Attorney; having of his at that time a great pearl and a diamond.

Ld. H. Howard. No circumstance moveth me more than this. Kemish was never on the rack, the king gave charge that no rigour should be used.

Commissioners. We protest before God, there was no such matter intended to our knowledge.

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

Sir W. Wade. When Mr. Solicitor and myself examined Kemish, we told him he deserved the Rack, but did not threaten him with it.

Commissioners. It was more than we knew.

Cobham's Examination read.

He saith, Kemish brought him a Letter from Raleigh, and that part which was concerning the Lords of the Council was rent out; the Letter contained that he was examined, and cleared himself of all; and that the lord H. Howard said, because he was discontent, he was fit to be in the action. And further, that Kemish said to him from Raleigh, that he should be of good comfort, for one witness could not condemn a man for treason.

Ld. Cecil. Cobham was asked, whether, and when he heard from you? He said, every day.

Raleigh. Kemish added more, I never bade kim speak those words.

Note, Mr. Attorney here offered to interrupt him.

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

Raleigh. I am accused concerning Arabella, concerning Money out of Spain. My L. C. Justice saith, a man may be condemned with one Witness, yea, without any Witness. Cobham is guilty of many things, Conscientia mille testes; he hath accused himself, what can be hope for but mercy? My lords, vouchsafe me this grace let him be brought, being alive, and in the house; let him avouch any of these things, I will confess the whole Indictment, and renounce the king's mercy.

Ld. Cecil. Here hath been a touch of the lady Arabella Stuart, a near kinswonian of the king's. Let us not scandal the innocent by confusion of speech: she is as innocent of all these things as I, or any man here; only she received a Letter from my lord Cobham, to prepare her; which she laughed at, and immediately sent it to the king. So far was she from discontentment, that she laughed him to scorn. But you see how far the count of Aremberg did

consent.

The Lord Admiral (Nottingham) being by in a Standing, with the lady Arabella, spake to the court: The lady doth here protest upon her Balvation, that she never dealt in any of these things; and so she willed me to tell the court.

Ld. Cecil. The lord Cobham wrote to my lady Arabella, to know if he might come to speak with her, and gave her to understand, that there were some about the king that laboured to disgrace her; she doubted it was but a trick. But Brook saith, his brother moved him to procure Arabella to write Letters to the king of Spain; but he saith, he never did it.

Raleigh. The lord Cobham hath accused me, you see in what manner he hath forsworn it. Were it not for his Accusation, all this were nothing. Let him be asked, if I knew of the letter which Lawrency brought to him from Aremberg. Let me speak for my life, it can be no hurt for him to be brought; he dares not accuse me. If you grant me not this favour, I am strangely used; Campian was not denied to have his accusers face to face.

See No. 58.

L. C. J. Since he must needs have justice, the acquitting of his old friend may move him to speak otherwise than the truth.

Raleigh. If I had been the infuser of all these Treasons into him; you Gentlemen of the Jury, mark this, he said I have been the cause of all his miseries, and the destruction of his house, and that all evil hath happened unto him by my wicked counsel: if this be true, whom hath he cause to accuse and to be revenged on, but on me? And I know him to be as revengeful as any man on earth.

Attorney. He is a party, and may not come; the law is against it.

Raleigh. It is a toy to tell me of law; I defy such law, I stand on the fact.

Ld. Cecil. I am afraid my often speaking (who am inferior to my lords here present) will make the world think I delight to hear myself talk. My affection to you, sir Walter, was not extinguished, but slaked, in regard of your deserts. You know the law of the realm (to which your mind doth not contest), that my lord Cobham cannot be brought

Raleigh. He may be, my lord.

Ld. Cecil. But dare you challenge it?
Raleigh. No.

Lord Cecil. You say that my lord Coblam, your main accuser, must come to accuse you. You say he hath retracted: I say, many particulars are not retracted. What the validity of all this is, is merely left to the Jury. Let me ask you this, If my lord Cobham will say you were the only instigator of him to proceed in the Treasons, dare you put yourself on this?

Raleigh. If he will speak it before God and the king, that ever I knew of Arabella's matter, or the Money out of Spain, or of the surprising Treason; I put myself on it, God's will and the king's be done with me.

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

Raleigh. Yes, in the main point.

Lord Cecil. If he say, you have been the instigator of him to deal with the Spanish king, had not the council cause to draw you hither? Raleigh. I put myself on it.

Lord Cecil. Then, sir Walter, call upon God, and prepare yourself; for I do verily believe my lords will prove this. Excepting your faults (I call them no worse), by God, I am your friend. The heat and passion in you, and the Attorney's zeal in the king's service, makes me speak this.

Raleigh. Whosoever is the workman, it is reason he should give an account of his work to the work-master. But let it be proved that he acquainted me with any of his conferences with Aremberg: he would surely have given ine some

account.

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

Att. For the lady Arabella, I said she was never acquainted with the matter. Now that Raleigh had conference in all these Treasons, it is manifest. The Jury hath beard the matter.

There is one Dyer a pilot, that being in Lisbon, met with a Portugal gentleman who asked him if the king of England was crowned yet: To whom he answered, I think not yet, but he shall be shortly,' Nay, saith the Portugal, that shall never be, for his throat will be cut by Don Raleigh and Don Cobham before he be crowned.

Evidence.

Dyer. I came to a merchant's house in Lisbon, to see a boy that I had there; there came a gentleman into the house, and enquiring what countryman I was, I said, an Englishman. Whereupon he asked me, if the king was crowned? And I answered, No, but that I hoped he should be so shortly. Nay, saith he, he shall never be crowned; for Don Raleigh and Don Cobham will cut his throat ere that day come. Raleigh. What infer you upon this? Att. That your Treason hath wings. Raleigh. If Cobham did practise with Aremberg, how could it not but be known in Spain? Why did they name the duke of Buckingham with Jack Straw's Treason, and the duke of York with Jack Cade, but that it was to countenance his Treason? Consider, you Gentlemen of the Jury, there is no cause so doubtful which the king's counsel cannot make good against the law. Consider my disability, and their ability they prove nothing against me, only they bring the Accusation of my lord Cobham, which he hath lamented and repented as heartily, as if it had been for an horrible murder: for he knew that all this sorrow which should come to me, is by his means. Presumptions must proceed from precedent or subsequent facts. I have spent 40,000 crowns against the Spaniard. I had not purchased 40 pound a year. If I had died in Guiana, I had not left 300 marks a year to my wife and son. I that have always condemned the Spanish Faction, methinks it is a strange thing that now I should affect it! Remember what St. Austin says, Sic judicate tanquam ab alio mox judicandi; unus judex, unum Tribunal. If you would be contented on presumptions to be delivered up to be slaughtered, to have your wives and children turned into the streets to beg their bread; if you would be contented to be so judged, judge so of me.

causa; therefore much less in matters of Treason. Cobham's testification against him before them, and since, hath been largely discoursed.

Raleigh. If truth be constant, and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct Proofs, but all by circumstances.

Att. Have you done? The king must have the last.

Raleigh. Nay, Mr. Attorney, he which speaketh for his life, must speak last. False repetitions and mistakings must not mar my cause. You should speak secundum allegata et probata. Í appeal to God and the king in this point, whether Cobham's Accusation be sufficient to condemn me.

Att. The king's safety and your clearing cannot agree. I protest before God, I never knew a clearer Treason.

Raleigh. I never had intelligence with Cobham since I came to the Tower.

Att. Go to, I will lay thee upon thy back, for the confidentest Traitor that ever came at a bar. Why should you take 8,000 crowns for a peace?

Lord Cecil. Be not so impatient, good Mr. Attorney, give him leave to speak.

Att. If I may not be patiently heard, you will encourage Traitors, and discourage us. I am the king's sworn servant, and must speak; If he be guilty, he is a Traitor; if not, deliver him.

Note, Here Mr. Attorney sat down in a chafe, and would speak no more, until the Commissioners urged and intreated him. After much ado, he went on, and made a long repetition of all the Evidence, for the direction of the Jury; and at the repeating of some things, sir Walter Raleigh interrupted him, and said, he did him wrong. Att. Thou art the most vile and execrable Traitor that ever lived.

Raleigh. You speak indiscreetly, barbarously and uncivilly.

Att. I want words sufficient to express thy viperous Treasons.

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

Att. Thou art an odious fellow, thy name is hateful to all the realm of England for thy pride.

upon the face of the earth than thou. And therewithal he drew a Letter out of his pocket, saying further, My lords, you shall see, this is an Agent that hath writ a Treatise against the Spaniard, and hath ever so detested him; this is he that hath spent so much Money against him in service; and yet you shall all see whether his heart be not wholly Spanish. The lord Cobham, who of his own nature was a good and honourable gentleman, till overtaken by this wretch, now finding his conscience heavily burdened with some courses which the subtilty of this Traitor had drawn him into; my lords, he could be at no rest with himself, nor quiet in his thoughts, until he was eased of that heavy weight: out of which passion of his mind, and discharge of his duty to his prince, and his conscience to God, taking it upon his salvation that he wrote nothing but the truth, with his own hands he wrote this Letter. Now, sir, you shall see whether you had intelligence with Cobham, within four days before he came to the Tower. If he be wholly Spanish, that desired a l'ension of 1500l. a year from Spain, that Spain by him might have intelligence, then Raleigh is a Traitor: He hath taken an apple, and pinned a Letter unto it, and threw it into my lord Cobham's window; the contents whereof were this, It is doubtful whether we shall be proceeded with or no, 'perhaps you shall not be tried.' This was to get a retractation. Oh! it was Adam's apple, whereby the devil did deceive him. Further, he wrote thus, Do not as my lord of Essex did; take heed of a Preacher; for by his persuasion he confessed, and made himself guilty.' I doubt not but this day God shall have as great a conquest by this Traitor, and the Son of God shall be as much glorified, as when it was said, Vicisti, Galilæe; you know my meaning. What though Cobham retracted, yet he could not rest nor sleep till he confirmed it again. If this be not enough to prove him a Traitor, the king my master shall not live three years to an end.

Nota, Here Mr. Attorney produced the lord Cobham's Letter, and as he read it, inserted some speeches.

I have thought fit to set down this to my lords, wherein I protest on my soul to write nothing but the truth. I am now come near the period of my time, therefore I confess the whole truth before God and his angels. Raleigh, four days before I came from the Tower, caused an apple' (Eve's apple) to be thrown in at my chamber window; the effect of it was, to intreat me to right the wrong that I had done him, in saying, that I should have come home by Jersey;' which under my hand to him I have retracted. His first Letter I answered not, which was thrown in the same manner; wherein he prayed me to <write him a Letter, which I did. He sent me word, that the Judges met at Mr. Attorney's house, and that there was good hope the proceedings against us should be stayed :

he sent me another time a little tobacco At Aremberg's coming, Raleigh was to hav procured a pension of 1500l. a year, fo which he promised, that no action should b ‹ against Spain, the Low Countries, or the lu 'dies, but he would give knowledge before hand. He told me, the States had audienc with the king.'-(Attorney, Ah! is not th a Spanish heart in an English body?') H hath been the original cause of my ruin; fo I had no dealing with Aremberg, but by hi instigation. He hath also been the cause o my discontentment; he advised me, not t be overtaken with preachers, as Essex was and that the king would better allow of constant denial, than to accuse any."

Att. Oh, damnable atheist ! He hath learned some Text of Scripture to serve his own purpose, but falsely alledged. He coun sels him not to be counselled by preachers, a Essex was: He died the child of God, Go honoured him at his death; thou wast by wher he died*: Et lupus et turpes instant morientibus Ursa. He died indeed for his offence The king himself spake these words; He that shall say, Essex died not for Treason, i! 'punishable.'

Raleigh. You have heard a strange tale of a strange man. Now he thinks, he hath matter enough to destroy me; but the king and all of you shall witness, by our deaths, which or us was the ruin of the other. I bid a poor fellow throw in the Letter at his window, written to this purpose; You know you have undone me, now write three lines to justify me.' In this I will die, that he hath done me wrong: Why did not he acquaint him with my disposi tions?

L. C. J But what say you now of the Letter, and the Pension of 1500l. per annum ? Raleigh. I say, that Cobham is a base, dishonourable, poor soul.

Att. Is he base? I return it into thy throat on his behalf: But for thee he had been a good subject.

L. C. J. I perceive you are not so clear a man, as you have protested all this while; for you should have discovered these matters to the king.

Nota, Here Raleigh pulled a Letter out of his pocket, which the lord Cobham had written to him, and desired my lord Cecil to read it, because he only knew his hand; the ef fect of it was as follows:

Cobham's Letter of Justification to Raleigh.

God have mercy upon my soul, as I know no
Treason by you."

Raleigh. Now I wonder how many souls this man hath! He damns one in this Letter, and another in that.

[Here was much ado: Mr. Attorney alledged, that his last Letter was politicly and cunningly urged from the lord Cobham, and that the first was simply the truth; and that lest it should seem doubtful that the first Letter was drawn from my lord Cobham by promise of mercy, or hope of favour, the Ld. C. J. willed that the Jury might herein be satisfied. Whereupon the earl of Devonshire delivered, that the same was mere voluntary, and not extracted from the lord Cobham upon any hopes or promise of Pardon.]

This was the last Evidence: whereupon a marshal was sworn to keep the Jury private. The Jury departed, and staid not a quarter of an hour, but returned, and gave their verdict, Guilty.

Serj. Heale demanded Judgment against the Prisoner.

Clerk of the Crown. Sir Walter Raleigh, Thou hast been indicted, arraigned, and plead ed Not Guilty, for all these several Treasons; and for Trial thereof, hast put thyself upon thy country; which country are these, who have found thee Guilty. What canst thou say for thyself, why Judgment and Execution of Death should not pass against thee?

Raleigh. My lords, the Jury have found me Guilty: they must do as they are directed. I can say nothing why Judgment should not proceed. You see whereof Cobham hath accused me: you remember his Protestations, that I was never Guilty. I desire the king should know of the wrongs done unto me since I came hither.

L. C. J. You have had no wrong, sir Walter.

Raleigh. Yes, of Mr. Attorney. I desire my lords to remember three things to the king. 1. I was accused to be a practiser with Spain I never knew that my lord Cobham meant to go thither; I will ask no mercy at the king's hands, if he will affirm it. 2. I never knew of the practice with Arabella. 3. I never knew of my lord Cobham's practice with Aremberg, nor of the surprizing Treason.

L. C. J. In my conscience, I am persuaded that Cobham hath used you truly. You cannot deny, but you were dealt with to have a Pension to be a spy for Spain; therefore you are not so true to the king as you have protested yourself to be.

Raleigh. I submit myself to the king's

Kennett says that "Upon the trial, sir Walter Raleigh denying the fact, pleaded, That though it were proved, it could not amount to Treason against king James, being done in the reign of the late queen; and no acts of parliament made to entail the crown upon him after her death."

mercy; I know his mercy is greater than my offence. I recommend my wife, and son of tender years, unbrought up, to his compassion.

L. C. J. I thought I should never have seen this day, to have stood in this place to give Sentence of Death against you; because I thought it impossible, that one of so great parts should have fallen so grievously. God hath bestowed on you many benefits. You had been a man fit and able to have served the king in good place. You had brought yourself into a good state of living; if you had entered into a good consideration of your estate, and not suffered your own wit to have intrapped yourself, you might have lived in to climb too high, lest he fall: nor yet to creep good comfort. It is best for man not to seek too low, lest he be trodden on. It was the Poesy of the wisest and greatest Counsellor of our time in England, In medio spatio mediocria firma locantur. You might have lived well with 3000/. a year, for so I have heard your Revenues to be. I know nothing might move you to be discontented; but if you had been down, you know fortune's wheel, when it is turned about, riseth again. I never heard that the king took away any thing from you, but the Captainship of the Guard, which he did with very good reason, to have one of his own knowledge, whom he might trust, in that ́ place. You have been taken for a wise man, and so have shewed wit enough this day. Again, for Monopolies for Wine, &c. if the king had said, It is a matter that offends my people, should I burden them for your private good? I think you could not well take it hardly, that his subjects were eased, though by your private hindrance. Two vices have lodged chiefly in you; one is an eager ambition, the other corrupt covetousness. Ambition, in desiring to be advanced to equal grace and favour, as you have been before time; that grace you had then, you got not in a day or year. For your covetousness, I am sorry to hear that a gentleman of your wealth should become a base Spy for the enemy, which is the vilest of all other; wherein on my conscience Cobham hath said true: by it you would have increased your living 15007, a year. This covetousness is like a canker, that eats the iron place where it lives. Your case-being thus, let it not grieve you, if I speak a little out of zeal, and love to your good. You have been taxed by the world, with the Defence of the most heathenish and blasphemous Opinions, which I list not to repeat, because Christian ears cannot endure to hear them, nor the authors and maintainers of them be suffered to live in any Christian Commonwealth. You know what men said of Harpool. You shall do well, before you go out of the world, to give satisfaction therein, and not to die with these imputations on you. Let not any devil persuade you to think there is no eternity in Heaven for if you think thus, you shall find eternity in Hell-fire. In the first accusation of my lord Cobhamn, I observed his manner of

: