Chapter 2

Here is Mischief, Mischief _in summo gradu_, exorbitant Mischief. My Speech shall chiefly touch these three points: Imitation, Supportation, and Defence. The Imitation of evil ever exceeds the Precedent; as on the contrary, imitation of good ever comes short. Mischief cannot be supported but by Mischief; yea, it will so multiply, that it will bring all to confusion. Mischief is ever underpropped by falsehood or foul practices: and because all these things did concur in this Treason, you shall understand the main, as before you did the bye. The Treason of the bye consisteth in these Points: first that the lord Grey, Brook, Markham, and the rest, intended by force in the night to surprise the king's court; which was a Rebellion in the heart of the realm, yea, in the heart of the heart, in the Court. They intended to take him that is a sovereign, to make him subject to their power, purposing to open the doors with musquets and cavaliers, and to take also the Prince and Council: then under the king's authority to carry the King to the Tower; and to make a stale of the admiral. When they had the King there, to extort three things from him, first, A Pardon for all their Treasons: Secondly, A Toleration of the Roman Superstition; which their eyes shall sooner fall out than they shall ever see; for the king hath spoken these words in the hearing of many, 'I will lose the crown and my life, before ever I will alter Religion.' And thirdly, To remove Counsellors. In the room of the Lord Chancellor, they would have placed one Watson, a priest, absurd in Humanity and ignorant in Divinity. Brook, of whom I will speak nothing, Lord Treasurer. The great Secretary must be Markham; _Oculus patriae_. A hole must be found in my Lord Chief-Justice's coat. Grey must be Earl-Marshal, and Master of the Horse, because he would have a table in court; marry, he would advance the earl of Worcester to a higher place. All this cannot be done without a multitude: therefore Watson the priest tells a resolute man that the king was in danger of Puritans and Jesuits; so to bring him in blindfold into the action saying, That the king is no king till he be crowned; therefore every man might right his own wrongs: but he is _rex natus_, his dignity descends as well as yours, my lords. Then Watson imposeth a blasphemous Oath, that they should swear to defend the king's person; to keep secret what was given them in charge, and seek all ways and means to advance the Catholic Religion. Then they intend to send for the Lord Mayor and the Aldermen, in the king's name, to the Tower; lest they should make any resistance, and then take hostages of them; and to enjoin them to provide for them victuals and munition. Grey, because the king removed before Midsummer, had a further reach to get a Company of Sword-men to assist the action: therefore he would stay till he had obtained a regiment from Ostend or Austria. So you see these Treasons were like Sampson's foxes, which were joined in their tails, though their heads were severed.

RALEIGH--You Gentlemen of the Jury, I pray remember, I am not charged with the Bye, being the Treason of the priest.

ATTORNEY--You are not. My lords, you shall observe three things in the Treasons: 1. They had a Watch-word (the king's safety): their Pretence was _Bonum in se_; their Intent was _Malum in se_: 2. They avouched Scripture; both the priests had _Scriptum est_: perverting and ignorantly mistaking the Scriptures; 3. They avouched the Common Law, to prove that he was no king until he was crowned; alledging a Statute of 13 Elizabeth.

He then proceeds to mention other cases of treason where the accused had considered that their acts were _bonum in se_, and, defining treason, lays down that--

There is Treason in the heart, in the hand, in the mouth, in consummation: comparing that _in corde_ to the root of a tree; _in ore_, to the bud; _in manu_, to the blossom; and that which is _in consummatione_, to the fruit. Now I come to your Charge, You of the Jury: the greatness of Treason is to be considered in these two things, _determinatione finis_, and _electione mediorum_. This Treason excelleth in both, for that it was to destroy the king and his progeny. These treasons are said to be _crimen laesae majestatis_; this goeth further, and may be termed, _crimen extirpandae regiae majestatis_, and _totius progenici suae_. I shall not need, my lord, to speak anything concerning the king, nor of the bounty and sweetness of his nature whose thoughts are innocent, whose words are full of wisdom and learning, and whose works are full of honour, although it be a true saying, _Nunquam nimis quod nunquam satis_. But to whom do you bear Malice? To the Children?

RALEIGH--To whom speak you this? You tell me news I never heard of.

ATTORNEY--O sir, do I? I will prove you the notoriest traitor that ever came to the bar. After you have taken away the king, you would alter Religion: as you, sir Walter Raleigh, have followed them of the Bye in Imitation: for I will charge you with the words.

RALEIGH--Your words cannot condemn me; my innocency is my defence. Prove one of these things wherewith you have charged me, and I will confess the whole Indictment, and that I am the horriblest traitor that ever lived, and worthy to be crucified with a thousand thousand torments.

ATTORNEY--Nay, I will prove all: thou art a monster; thou hath an English face but a Spanish heart. Now you must have Money; Aremberg was no sooner in England (I charge thee, Raleigh) but thou incitest Cobham to go unto him, and to deal with him for Money, to bestow on discontented persons, to raise Rebellion on the kingdom.

RALEIGH--Let me answer for myself.

ATTORNEY--Thou shalt not.

RALEIGH--It concerneth my life.

LORD CHIEF-JUSTICE--Sir Walter Raleigh, Mr. Attorney is but yet in the General: but when the king's Council have given the evidence wholly you shall answer every Particular.

ATTORNEY--O! do I touch you?

LORD CECIL--Mr. Attorney, when you have done with this General Charge, do you not mean to let him answer every Particular?

ATTORNEY--Yes, when we deliver the Proofs to be read. Raleigh procured Cobham to go to Aremberg, which he did by his instigation: Raleigh supped with Cobham before he went to Aremberg; after supper, Raleigh conducted him to Durham-House, from thence Cobham went with Lawrency, a servant of Aremberg's unto him, and went in by a back way. Cobham could never be quiet until he had entertained this motion, for he had four Letters from Raleigh. Aremberg answered, The Money should be performed, but knew not to whom it should be distributed. Then Cobham and Lawrency came back to Durham-House, where they found Raleigh. Cobham and Raleigh went up and left Lawrency below, where they had secret conference in a gallery; and after, Cobham and Lawrency departed from Raleigh. Your jargon was Peace: what is that? Spanish invasion, Scottish subversion. And again, you are not a fit man to take so much Money for procuring of a lawful Peace, for Peace procured by money is dishonourable. Then Cobham must go to Spain, and return by Jersey, where you were Captain: and then, because Cobham had not so much policy, or at least wickedness, as you, he must have your advice for the distribution of the money. Would you have deposed so good a king, lineally descended of Elizabeth, eldest daughter of Edward IV.? Why then must you set up another? I think you meant to make Arabella a Titular Queen, of whose Title I will speak nothing; but sure you meant to make her a stale. Ah! good lady, you could mean her no good.

RALEIGH--You tell me news, Mr. Attorney.

ATTORNEY--Oh sir! I am the more large, because I know with whom I deal: for we have to deal to-day with a man of wit.

RALEIGH--Did I ever speak with this lady?

ATTORNEY--I will track you out before I have done. Englishmen will not be led by persuasion of words, but they must have books to persuade.

RALEIGH--The Book was written by a man of your profession, Mr. Attorney.

ATTORNEY--I would not have you so impatient.

RALEIGH--Methinks you fall out with yourself; I say nothing.

ATTORNEY--By this Book you will persuade men, that he is not the lawful king. Now let us consider some circumstances: my lords, you will know my lord Cobham (for whom we all lament and rejoice; lament in that his house, which hath stood so long unspotted, is now ruinated: rejoice, in that his Treasons are revealed): he is neither politician nor swordman; Raleigh was both, united in the Cause with him and therefore cause of his destruction. Another circumstance is, the secret contriving of it. Humphry Stafford claimed Sanctuary for Treason: Raleigh, in his Machiavelian policy hath made a Sanctuary for Treason: he must talk with none but Cobham; because, saith he, one Witness can never condemn me. For Brook said unto sir Griffith Markham, 'Take heed how you do make my lord Cobham acquainted; for whatsoever he knoweth, Raleigh the witch will get it out of him.' As soon as Raleigh was examined on one point of Treason concerning my lord Cobham he wrote to him thus: 'I have been examined of you, and confessed nothing.' Further, you sent to him by your trusty Francis Kemish,[12] that one witness could not condemn; and therefore bade his lordship be of good courage. Came this out of Cobham's quiver? No: but out of Raleigh's Machiavelian and devilish policy. Yea, for Cobham did retract it; why then did ye urge it? Now then see the most horrible practices that ever came out of the bottomless pit of the lowest hell. After that Raleigh had intelligence that Cobham had accused him, he endeavoured to have intelligence from Cobham which he had gotten by young sir John Payton: but I think it was the error of his youth.

RALEIGH--The lords told it me, or else I had been sent to the Tower.

ATTORNEY--Thus Cobham, by the instigation of Raleigh, entered into these actions: so that the question will be, whether you are not the principal traitor and he would nevertheless have entered into it? Why did Cobham retract all the same? First, because Raleigh was so odious, he thought he should fare the worse for his sake; secondly, he thought thus with himself, If he be free I shall clear myself the better. After this, Cobham asked for a Preacher to confer with, pretending to have Dr. Andrews;[13] but indeed he meant not to have him but Mr. Galloway,[14] a worthy and reverent preacher, who can do more with the King (as he said) than any other; that he seeing his constant denial, might inform the king thereof. Here he plays with the preacher. If Raleigh could persuade the lords that Cobham had no intent to travel, then he thought all should be well. Here is forgery! In the Tower, Cobham must write to sir Thos. Vane, a worthy man, that he meant not to go to Spain: which letter Raleigh devised in Cobham's name.

RALEIGH--I will wash my hands of the indictment, and die a true man to the king.

ATTORNEY--You are the absolutist traitor that ever was.

RALEIGH--Your phrases will not prove it.

ATTORNEY--Cobham writeth a letter to my lord Cecil, and doth with Mellis's man to lay it in a Spanish Bible and to make as though he found it by chance. This was after he had intelligence with this viper, that he was false.

LORD CECIL--You mean a letter intended to me; I never had it.

ATTORNEY--No, my lord, you had it not. You, my masters of the jury, respect not the wickedness and hatred of the man, respect his cause: if he be guilty, I know you will have care of it, for the preservation of the king, the continuance of the Gospel authorized, and the good of us all.

RALEIGH--I do not hear yet, that you have spoken one word against me; here is no Treason of mine done: If my lord Cobham be a Traitor, what is that to me?

ATTORNEY--All that he did was by thy instigation, thou viper; for I 'thou' thee, thou Traitor.

RALEIGH--It becometh not a man of quality and virtue to call me so: But I take comfort in it, it is all you can do.

ATTORNEY--Have I angered you?

RALEIGH--I am in no case to be angry.

CHIEF-JUSTICE POPHAM--Sir Walter Raleigh, Mr. Attorney speaketh out of the zeal of his duty, for the service of the king, and you for your life; be valiant on both sides.

_The Lord Cobham's Examination._[15]

'He confesseth, he had a Passport to go into Spain, intending to go to the Archduke, to confer with him about these Practices; and because he knew the Archduke had not Money to pay his own army, from thence he meant to go to Spain to deal with the king for the 600,000 crowns, and to return by Jersey; and that nothing should be done, until he had spoken with sir Walter Raleigh for distribution of the Money to them which were discontented in England. At the first beginning, he breathed out oaths and exclamations against Raleigh, calling him Villain and Traitor; saying he had never entered into these courses but by his instigation, and that he would never let him alone.' (Here Mr. Attorney willed the Clerk of the Crown Office to read over these last words again, 'He would never let him alone.') 'Besides he spake of plots and invasions; of the particulars whereof he could give no account, though Raleigh and he had conferred of them. Further he said, he was afraid of Raleigh, that when he should return by Jersey, that he would have delivered him and the Money to the king.' 'Being examined of sir A. Gorge he freed him, saying, They never durst trust him: but sir Arthur Savage they intended to use, because they thought him a fit man.'

RALEIGH--Let me see the Accusation: this is absolutely all the Evidence that can be brought against me; poor shifts! You Gentlemen of the Jury, I pray you understand this. This is that which must either condemn, or give me life; which must free me, or send my wife and children to beg their bread about the streets. This is that which must prove me a notorious Traitor, or a true subject to the king. Let me see my Accusation, that I may make my Answer.

CLERK OF THE COUNCIL--I did read it, and shew you all the examinations.

RALEIGH--At my first examination at Windsor, my lords asked me what I knew of Cobham's practice with Aremberg; I answered negatively: and as concerning Arabella I protest before God I never heard one word of it. If that be proved, let me be guilty of 10,000 Treasons. It is a strange thing you will impute that to me, when I never so much as heard the name of Arabella Stuart, but only the name of Arabella. After being examined, I told my lords, that I thought my lord Cobham had conference with Aremberg; I suspected his visiting of him; for after he departed from me at Durham-house I saw him pass by his own stairs, and passed over to St. Mary Saviours, where I knew Lawrency, a merchant, and a follower of Aremberg, lay, and therefore likely to go unto him. My lord Cecil asked my opinion concerning Lawrency; I said that if you do not apprehend Lawrency, it is dangerous, he will fly; if you do apprehend him, you shall give my lord Cobham notice thereof. I was asked who was the greatest man with my lord Cobham; I answered, I knew no man so great with him as young Wyat of Kent. As soon as Cobham saw my Letter to have discovered his dealing with Aremberg in his fury he accused me; but before he came to the stair-foot, he repented, and said he had done me wrong. When he came to the end of his Accusation he added, that if he had brought this money to Jersey, he 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.

He then goes on to point out the inherent improbabilities of Cobham's story; he himself had no means for persuading the King of Spain to disburse money, having lost his wardenship of the Stannaries; he knew England to be stronger and Spain to be weaker than they had been; the Spanish fleet had been ruined, and the trade with the Indies had fallen off. Cobham had no money of his own. When Raleigh was examined, he had L40,000 worth of Cobham's jewels which he had bought of him. 'If he had had a fancy to run away he would not have left so much as to have purchased a lease in fee-farm. I saw him buy L300 worth of books to send to his library at Canterbury, and a cabinet of L30 to give to Mr. Attorney for drawing the conveyances; and God in Heaven knoweth, not I, whether he intended to travel or not. But for that practice with Arabella, or letters to Aremberg framed, or any discourse with him, or in what language he spake unto him; if I knew any of these things, I would absolutely confess the indictment, and acknowledge myself worthy of ten thousand deaths.'

_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 he 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.

LORD CHIEF-JUSTICE 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 if 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, I take it, he that has been examined, has ever been asked at the time of his Examination, if it be according to his meaning, and then to subscribe. Methinks, my lords, when he accuses a man, he should give some account and reason of it: it is not sufficient to say we talked of it. If I had been the plotter, would not I have given Cobham some arguments, whereby to persuade the king of Spain, and answer his objections? I knew Westmoreland and Bothwell, men of other understandings than Cobham, were ready to beg their bread.

SIR THOS. FOWLER (one of the Jury)--Did sir Walter Raleigh write a letter to my lord before he was examined concerning him or not?

ATTORNEY--Yes.

LORD CECIL--I am in great dispute with 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 the 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. Geo. 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, 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 Lord Chief-Justice would say it was a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a light given to Aremberg, that Lawrency was examined; but that Raleigh knew that Cobham was examined is more than I know.

RALEIGH--If my lord Cobham had trusted me in the Main, was not I as fit a man to be trusted in the Bye?

LORD CECIL--Raleigh did by his Letters acquaint us that my lord Cobham had sent Lawrency to Aremberg, when he knew not he had any dealings with him.

LORD H. HOWARD--It made for you if Lawrency had been only acquainted with Cobham, and not with you. But you knew his whole estate, and were acquainted with Cobham's practice with Lawrency: and it was known to you before that Lawrency depended upon Aremberg.

ATTORNEY--1. Raleigh protested against the surprizing treason. 2. That he knew not of the matter touching Arabella. I would not charge you, sir Walter, with the 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?

LORD CHIEF-JUSTICE--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.