Chapter 3

ATTORNEY--Cobham saith that he was a long time 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. That 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, etc. 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 L30; 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 HENRY 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 12 and 13 Elizabeth.

RALEIGH--You try me by the Spanish Inquisition, 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 Testium_, etc. If Christ requireth it, as it appeareth Matt. 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.

LORD CHIEF-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. 3rd 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 Examination.

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 Cobham be here, let him speak it. Call my accuser before my face, and I have done.

ATTORNEY--_Scientia sceleris est mera ignorantia._ You have read the letter of the law, but understand it not. Here was your anchor-hold, and your rendezvous: you trust to Cobham, either Cobham must accuse you, or nobody; if he did, then it would not hurt you, because he is but one Witness; if he did not, then you are safe.

RALEIGH--If ever I read a word of the law or statutes before I was Prisoner in the Tower, God confound me.

The Attorney-General then points out that Cobham confessed that he had a passport to travel, by means of which he intended to go to the Archduke, and then to the King of Spain to raise money, after which Raleigh confessed that he was to have joined him in Jersey on his way home. Cobham had further stated that nothing could be settled as to the distribution of the money they were to receive without Raleigh's concurrence. In reply, Raleigh pointed out that all this depended on Cobham's accusation, which he had never signed or vouched. '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 aequitatem, non rigorem legis, observare_. By the rigour and cruelty of the law it may be a forcible evidence.

LORD CHIEF-JUSTICE--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 he might be brought to retract it again.

RALEIGH--Oh my lord, you may use equity.

LORD CHIEF-JUSTICE--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 leave.

LORD CECIL--An unnecessary patience is a hindrance; let him go on with his proofs, and then repel 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,' etc.

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 8,000, 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 he is now 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 tells C and C D, etc., you shall never prove treason by two Witnesses.

_Raleigh's Examination was read._

He confesseth Cobham offered him 8,000 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 Cobham was altered. For he told me if I would agree to further the Peace, he would get me 8,000 crowns. I asked him, Who shall have 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. _Nemo moriturus praesumitur mentiri._

LORD HENRY HOWARD--Alledge me any ground or cause, wherefore you gave ear to my lord Cobham for receiving pensions, in matters you had not to deal with.

RALEIGH--Could I stop my lord Cobham's mouth?

LORD 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?

LORD CHIEF-JUSTICE--This thing cannot be granted, for then a number of treasons should flourish: the Accuser may be drawn by practice 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.

LORD CHIEF-JUSTICE--No, by examination: if Three conspire a Treason, and they all confess it; here is never a Witness, yet they are condemned.[16]

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 all bloody; shall not he be condemned to death? My lord Cobham 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.

LORD CHIEF-JUSTICE--Nay, we do not conceive the Law, but we know the Law.

RALEIGH--The wisdom of the law of God is absolute and perfect: _Haec fac et vives_, etc. 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.

LORD CHIEF-JUSTICE--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.

RALEIGH--The king desires nothing but the knowledge of the truth, and would have no advantage 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 witness must be deposed. Good my lords, let my Accuser come face to face, and be deposed.

LORD CHIEF-JUSTICE--You have no law for it: God forbid 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 Lesson.

LORD HENRY HOWARD--This examination was taken before. Did I teach him his lesson?

RALEIGH--I protest before God, I meant it not by any privy-counsellor; but because money is scant, he will juggle on both sides.

_Raleigh's Examination._

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

RALEIGH--I think so still: I have spoken it to divers of the lords of the Council, by way of discourse and opinion.

ATTORNEY--Now let us come to those words, 'of destroying the king and his cubs.'

RALEIGH--O barbarous! If they, like unnatural villains, should use those words, shall I 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?

ATTORNEY--Thou hast a Spanish heart, and thyself art a Spider of Hell; for thou confesseth 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 Raleigh 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 his issue; and thinks on his conscience, it was infused into his brother's head by Raleigh.'

_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 answered before, and that he would answer no more to that point.'

RALEIGH--I am not named in all this: there is a law of two sorts of Accusers; one of his own knowledge, another by hear-say.

EARL OF SUFFOLK--See the Case of Arnold.

LORD CHIEF-JUSTICE--It is the Case of sir Will. Thomas, and sir Nicholas Arnold.

RALEIGH--If this may be, you will have any man's life in a week.

ATTORNEY--Raleigh saith, that Cobham was in a passion when he said so. Would he tell his brother anything of malice against Raleigh, whom he loved as his life?

RALEIGH--Brook never loved me; until his brother had accused me, he said nothing.

LORD 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.

LORD CECIL--I must judge the best. The accusation of his brother was not voluntary; he pared everything 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 queen and the prince. Now in this discontentment 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,[17] and for that I did intend to answer it, I resolved to leave my estate settled, therefore I laid out all my loose papers, amongst which was this Book.

LORD HOWARD--Where had you this Book?

RALEIGH--In the old Lord Treasurer's Study, after his death.

LORD CECIL--Did you ever shew or make known this Book to me?

RALEIGH--No, my lord.

LORD 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.

LORD 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 broken; 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.

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

LORD 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 my 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.

ATTORNEY--I observe there was intelligence between 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 whispereth something secretly.)

ATTORNEY--My lords, I must complain of Sir Robert Wroth; he says this Evidence is not material.

SIR R. WROTH--I never spake the words.

ATTORNEY--Let Mr. Serjeant Philips testify whether he heard him say the word or no.

LORD CECIL--I will give my word for sir R. Wroth.

SIR R. WROTH--I will speak as truly as you, Mr. Attorney, for my God, I never spake it.

LORD CHIEF-JUSTICE--Wherefore should this Book be burnt?

RALEIGH--I burned it not.

SERJEANT 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.

ATTORNEY--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.

LORD 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.

LORD CECIL--Cobham was asked whether, and when, he heard from you? He said, every day.