SIR WALTER RALEIGH[1]

Raleigh's trial is so closely connected with the politics of the time

that it cannot be properly understood without reference to them. James

owed his succession to the throne, at all events the undisputed

recognition of his right to that succession, in a great measure to

Cecil's elaborate and careful preparations. It was therefore natural

enough that Cecil's position as chief minister should be confirmed at

the beginning of the new reign: but this fact drove two important

parties into opposition to the new order of things. The Earl of

Northumberland, Lord Grey, Lord Cobham, and Sir Walter Raleigh found

themselves deprived of all chance of obtaining power, and the Catholics

gradually realised that their position was not likely to be

substantially improved. Northumberland indeed was won back by promises

of royal favour, but Raleigh was deprived of his captainship of the

Royal Guards and his post of Warden of the Stannaries, whilst his

monopoly in wine was threatened. The all-important question of foreign

politics formed a centre on which the international struggle for power

turned. James himself was a stranger to the national hatred for the

Spaniards which had hitherto been Raleigh's guiding principle. Cecil was

probably more anxious for peace than anything else, though desirous to

do all he could to advance the power of the Netherlands and hold the

Spaniards in check. Meanwhile the various foreign powers concerned

prepared to make what profit they could out of the altered state of

England. A mission from the Netherlands effected practically nothing.

The Duke of Sully, the ambassador from Henry IV. of France, obtained

some assistance towards prolonging the defence of Ostend against the

Spanish forces. The Archduke Albert[2] sent the Duke of Aremberg, not to

negotiate, but to protract the time till the Court of Spain could decide

upon a policy.

Northumberland, together with Raleigh and Cobham, seem to have made

overtures to Sully which were rejected, on which the two latter

transferred their attentions to the Spanish interest, and certainly put

themselves into communication with Aremberg. Meanwhile an extreme and

apparently weak party among the Catholics entered into an obscure and

violent undertaking popularly known as the 'surprising' or 'Bye' plot as

contrasted with Raleigh's, known as the 'Main.' Watson, a secular

priest, whose main motive, in Professor Gardiner's view, was a hatred of

the Jesuits, had taken a leading part in reconciling the English

Catholics to James's accession. Irritated by the exaction of fines for

recusancy instituted at the beginning of the new reign, he allied

himself with Clarke, another priest, Sir Griffin Markham, a Catholic

gentleman discontented with the government for private reasons, George

Brooke, Lord Cobham's brother, and Lord Grey. A fantastic scheme

propounded by Markham was adopted, and the conspirators decided to seize

the King while hunting, to carry him to the Tower, on the plea of

protecting him from his enemies, and there install themselves in power

under the shadow of his name. They were, as represented by Coke in

Raleigh's trial, to swear to protect the Sovereign from all his enemies,

and they affected to have a large following in the country. Copley, an

insignificant recruit, was added to the party, and the execution of the

plot was fixed for the 24th of June. On that day, however, their

partisans proved to be too few for their designs, and the next day Grey

separated himself from them. Meanwhile the Jesuits had become aware of

the plot and communicated their knowledge to the government; and the

conspirators were soon arrested. The connection of Brooke with the 'Bye'

plot suggested Cobham's complicity; and Raleigh, as his nearest friend,

was summoned to Windsor by Cecil to be examined before the Council.

After this examination he wrote the letter to Cobham so often referred

to in the trial, saying that he had said nothing to compromise him, and

reminding him that one witness, possibly referring either to Aremberg's

servant, or Brooke, was not enough to convict of treason. He

subsequently wrote to Cecil informing him that Cobham had been in

communication with Aremberg, and Cobham was arrested. Raleigh's own

arrest followed on July 17th, and within a fortnight he attempted to

commit suicide. He and Cobham were both subsequently examined, with the

results that appear in the course of the trial. It must be remembered

that the government probably had a quantity of private information which

they did not produce, partly no doubt with the view of protecting

Aremberg. This is particularly so in relation to the most serious part

of the case; that, namely, relating to the scheme of placing Lady

Arabella on the throne; as to which see Gardiner's _History_, vol. i.

pp. 132, 133.

The leading members of the 'Bye' were tried and convicted two days

before Raleigh. Cobham and Grey were tried and convicted by the

Chancellor sitting as Lord Steward soon after. The two priests and

Brooke were hung. Cobham, Grey, and Markham were brought to the scaffold

that they might be induced to make their dying declarations, and were

then granted their lives. Cobham, when in instant expectation of death,

persisted in avowing Raleigh's guilt.

Beyond the interest that attaches to Raleigh's trial from the historical

and personal points of view, it is interesting as showing the methods in

which an important trial was conducted at the beginning of the

seventeenth century. The most remarkable feature of the trial itself in

the eyes of a modern reader, beyond its extreme informality, is that

Raleigh was condemned on the statement of a confederate, who spoke under

extreme pressure, with every inducement to exculpate himself at

Raleigh's expense, and whom Raleigh never had a chance of meeting. The

reasons given by Popham for refusing to allow Cobham to be called as a

witness at the trial are instructive, and, as Professor Gardiner points

out, prove that in political trials at all events, when the government

had decided that the circumstances of the case were sufficient to

justify them in putting a man on his trial, the view of the court before

which he was tried was that he was to be condemned unless he succeeded

in proving his innocence. This fact alone leads the modern Englishman

to sympathise with Raleigh, and this feeling is naturally increased by

what Sir James Stephen calls the 'rancorous ferocity' of Coke's

behaviour. The second cause added to Raleigh's popularity, and the

political reasons which led to his trial are probably what produced the

same feelings among his contemporaries. It is beyond my present purpose

to discuss how far Raleigh was really guilty of treason, even were I

competent to express any opinion on the subject worth attending to. But

for the credit of the lawyers who presided at the trial, I may point out

that the assertions that the statute of Edward VI., requiring two

witnesses in cases of treason, had been repealed, and that the trial at

common law was by examination, and not by a jury and witnesses, were not

as incomprehensibly unjust as they appear to us. A statute of Philip and

Mary enacted that cases of treason should be tried according to the due

order and course of common law, and the statute of Edward VI., being

regarded as an innovation upon the common law, was thus held to be

implicitly repealed. The rule as to the two witnesses seems to have been

construed as referring to trial by witnesses as it existed under the

civil law, which was taken to require two eye- or ear-witnesses to the

actual fact constituting the crime. With such a trial, trial by jury was

frequently contrasted, and if the rigour of the civil law was not to be

insisted on, the only alternative seemed to be that the jury should form

their opinion as they could, if not from their own knowledge, then from

any materials that might be laid before them. This naturally did away

with any rules of evidence as we understand them, and consequently

Cobham's confession became as good evidence as the jury could expect to

have. In fact, as Sir James Stephen says, 'The only rules of evidence as

to matters of fact recognised in the sixteenth century seem to have been

the clumsy rules of the mediaeval civil law, which were supposed to be

based on the Bible. If they were set aside, the jury were absolute,

practically absolute, and might decide upon anything which they thought

fit to consider evidence.' See further Gardiner's _History_, vol. i. pp.

108-140; and Stephen's _History of the Criminal Law_, vol. i. pp.

333-337.

Sir Walter Raleigh was tried at Winchester on the 17th of November 1603

before a commission consisting of Thomas Howard,[3] Earl of Suffolk,

Lord Chamberlain; Charles Blunt,[4] Earl of Devon; Lord Henry Howard,[5]

afterwards Earl of Northampton; Robert Cecil,[6] Earl of Salisbury;

Edward, Lord Wotton of Morley; Sir John Stanhope, Vice-Chamberlain; Lord

Chief-Justice of England Popham;[7] Lord Chief-Justice of the Common

Pleas Anderson;[8] Justices Gawdie and Warburton; and Sir W. Wade.

The indictment charged Raleigh with high treason by conspiring to

deprive the King of his government; to alter religion; to bring in the

Roman Superstition; and to procure foreign enemies to invade the

kingdom. The facts alleged to support these charges were that Lord

Cobham,[9] on the 9th of June 1603, met Raleigh at Durham House in

London, and conferred with him as to advancing Lady Arabella Stuart[10]

to the throne; that it was there agreed that Cobham should, with

Aremberg, the ambassador of the Archduke of Austria, bargain for a bribe

of 600,000 crowns; that Cobham should go to the Archduke Albert, to

procure his support for Lady Arabella, and from him to the King of

Spain; that Lady Arabella should write three letters to the Archduke, to

the King of Spain, and to the Duke of Savoy, promising to establish

peace between England and Spain, to tolerate the Popish and Roman

superstition, and to be ruled by them as to her marriage. Cobham was

then to return to Jersey, where he would find Raleigh and take counsel

with him as to how to distribute Aremberg's bribe. On the same day

Cobham told his brother Brook of all these treasons, and persuaded him

to assent to them; afterwards Cobham and Brook spoke these words, 'That

there would never be a good world in England till the King (meaning our

sovereign lord) and his cubs (meaning his royal issue) were taken away.'

Further Raleigh published a book to Cobham, written against the title of

the King, and Cobham published the same book to Brook. Further, Cobham,

on the 14th of June, at Raleigh's instigation, moved Brook to incite

Lady Arabella to write the letters as aforesaid. Also on the 17th of

June Cobham, at Raleigh's instigation, wrote to Aremberg through one

Matthew de Lawrency, to obtain the 600,000 crowns, which were promised

to him on the 18th of June, and of which Cobham promised 8000 to Raleigh

and 10,000 to Brook.

To this indictment Raleigh pleaded Not Guilty; and a jury was sworn, to

none of whom Raleigh took any objection.

Heale, the King's Serjeant, then opened the case very shortly, merely

reciting the facts mentioned in the indictment, concluding: 'Now,

whether these things were bred in a hollow tree, I leave him to speak

of, who can speak far better than myself; and so sat down again.

ATTORNEY-GENERAL (Sir Ed. Coke[11])--I must first, my lords,

before I come to the cause, give one caution, because we shall

often mention persons of eminent places, some of them great

monarchs: whatever we say of them, we shall but repeat what

others have said of them; I mean the Capital Offenders, in their

Confessions. We professing law must speak reverently of kings

and potentates. I perceive these honourable lords, and the rest

of this great assembly, are come to hear what hath been

scattered upon the wrack of report. We carry a just mind, to

condemn no man, but upon plain Evidence.

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.

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.

RALEIGH--Kemish added more, I never bade him speak those words.

(_Note._--Mr. Attorney here offered to interrupt him.)

LORD CECIL--It is his last discourse; give him leave Mr.

Attorney.

RALEIGH--I am accused concerning Arabella, concerning Money out

of Spain. My Lord Chief-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 he 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.

LORD CECIL--Here hath been a touch of the lady Arabella Stuart,

a near kinswoman 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 salvation, that she never dealt in any of these things,

and so she willed me to tell the court.

LORD 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[18] was not denied to have his accusers face to face.

LORD CHIEF-JUSTICE--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.

LORD CECIL--I am afraid my often speaking (who am inferior to my

lords here present) will make the world think that I delight to

hear myself talk. My affection to you, sir Walter, was not

extinguished, but slaked in regard to 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.

LORD CECIL--But dare you challenge it?

RALEIGH--No.

LORD CECIL--You say that my lord Cobham, 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 treason, 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

surprizing 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 that 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, make me speak this.

RALEIGH--Whosoever is the workman, it is reason he should give

an account of his work to his workmaster. But let it be proved

that he acquainted me with any of his conferences with Aremberg:

he would surely have given me some account.

LORD CECIL--That follows not: if I set you on work, and you give

me no account, am I therefore innocent?

ATTORNEY--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 heard 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.

_Dyer_ was called and sworn, and delivered this 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 shortly. Nay, saith he, he

shall never be crowned; for Don Raleigh and Don Cobham shall cut

his throat ere that day come.

RALEIGH--What infer you upon this?

ATTORNEY--That your treason hath wings.

RALEIGH--If Cobham did practice 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 council 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

repented and lamented as heartily, as if it had been for an

horrible murder: for he knew that all this sorrow that should

come to me, is by his means. Presumptions must proceed from

precedent or subsequent facts. I have spent 40,000 crowns

against the Spaniards. I had not purchased L40 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 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 will 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 will be contented to be so judged, judge so of me.

SERJ. PHILIPS--I hope to make this so clear, as that the wit of

man shall have no colour to answer it. The matter is treason in

the highest degree, the end to deprive the king of his crown.

The particular treasons are these: first, to raise up rebellion,

and to effect that, to procure money; to raise up tumults in

Scotland, by divulging a treasonable Book against the king's

right to the crown; the purpose, to take away the life of his

majesty and his issue. My lord Cobham confesseth sir Walter to

be guilty of all these treasons. The question is, whether he be

guilty as joining with him, or instigating of him? The course to

prove this was by my lord Cobham's accusation. If that be true,

he is guilty, if not he is clear. So whether Cobham say true, or

Raleigh, that is the question. Raleigh hath no answer but the

shadow of as much wit as the wit of man can devise. He useth his

bare denial; the denial of a defendant must not move the jury.

In the Star Chamber, or in the Chancery, for matter of title, if

the defendant be called in question, his denial on his oath is

no evidence to the court to clear him, he doth it _in propria

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.

ATTORNEY--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_. I appeal

to God and the king in this point whether Cobham's accusation is

sufficient to condemn me.

ATTORNEY--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.

ATTORNEY--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.

ATTORNEY--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.)

ATTORNEY--Thou art the most vile and execrable traitor that ever

lived.

RALEIGH--You speak indiscreetly, barbarously, and uncivilly.

ATTORNEY--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.

ATTORNEY--Thou art an odious fellow, thy name is hateful to all

the realm of England for thy pride.

RALEIGH--It will go near to prove a measuring cast between you

and me, Mr. Attorney.

ATTORNEY--Well, I will now make it appear to the world that

there never lived a viler viper upon the face of the earth than

thou.--And there withal 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 subtlety 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 pension of L1500 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 into 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.'[19] 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 Galilaee_; you know

my meaning. What though Cobham retracted, yet he could not rest

or sleep until he had 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.

(_Note._--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 have procured a pension of

L1500 a year, for which he promised, that no action should be

against Spain, the Low Countries, or the Indies, but he would

give knowledge beforehand. He told me, the States had audience

with the king.'--(_Attorney._ 'Ah! is not this a Spanish heart

in an English body?') 'He hath been the original cause of my

ruin; for I had no dealing with Aremberg, but by his

instigation. He hath also been the cause of my discontentment;

he advised me, not to be overtaken by preachers, as Essex was;

and that the king would better allow of a constant denial, than

to accuse any.'

ATTORNEY--Oh, damnable atheist! He hath learned some Text of

Scripture to serve his own purpose, but falsely alledged. He

counsels him not to be counselled by preachers, as Essex was: He

died the child of God, God honoured him at his death; thou wast

by when he died: _Et lupus et turpes instant morientibus Ursae_.

He died indeed for his offence. The king himself spake these

words: 'He that shall say, Essex dies not for Treason, is

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 of 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

dispositions?

LORD CHIEF-JUSTICE--But what say you now of the Letter, and the

Pension of L1500 per annum?

RALEIGH--I say, that Cobham is a base, dishonourable, poor soul.

ATTORNEY--Is he base? I return it into thy throat on his behalf:

but for thee he had been a good subject.

LORD CHIEF-JUSTICE--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.

(_Note._--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 effect of it was as

follows:)

_Cobham's Letter of Justification to Raleigh._

'Seeing myself so near my end, for the discharge of my own

conscience, and freeing myself from your blood, which else will

cry vengeance against me; I protest upon my salvation I never

practised with Spain by your procurement; God so comfort me in

this my affliction, as you are a true subject, for any thing

that I know. I will say as Daniel, _Purus sum a sanguine hujus_.

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 lest it should seem doubtful

that the first Letter was drawn from my lord Cobham by promise

of mercy, or hope of favour, the Lord Chief-Justice 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 concluded the evidence, and the jury having retired for less than a

quarter of an hour, they returned, and brought in a verdict of Guilty.

When asked whether he had anything to say why judgment should not be

passed upon him, Raleigh said that he had never practised with Spain,

that he never knew that Cobham meant to get there ('I will ask no mercy

at the king's hands, if he will affirm it'), that he never knew of the

practice with lady Arabella, that he knew nothing of Cobham's practice

with Aremberg, nor of the surprising Treason.

The Lord Chief-Justice replied that he was persuaded that Cobham had

accused him truly, and reminded him that he had been offered a pension

to act as a spy for Spain. Raleigh answered that he submitted himself,

and his 'son of tender years, unbrought up,' to the king's mercy.

LORD CHIEF-JUSTICE--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 allowed your own wit to have intrapped yourself,

you might have lived in good comfort. It is best for man not to

seek to climb too high, lest he fall: nor yet to creep too low,

lest he be trodden on. It was the Poesy of the wisest and

greatest Counsellor of our time in England, _In media spatio

mediocria firma locantur_. You might have lived well with L3000

a year, for so have I 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 down, riseth again. I

never heard that the king took away anything 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, etc., 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 beforetime; 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 L1500 a year. This covetousness is like 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 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 Cobham, I observed

his manner of speaking; I protest before the living God, I am

persuaded he spoke nothing but the truth. You wrote, that he

should not in any case confess any thing to a Preacher, telling

him an example of my lord of Essex, that noble earl that is

gone; who, if he had not been carried away with others, had

lived in honour to this day among us: he confessed his

offences, and obtained mercy of the Lord; for I am verily

persuaded in my heart, he died a worthy servant of God. Your

conceit of not confessing anything is very inhuman and wicked.

In this world is the time for confessing, that we may be

absolved in the Day of Judgment. You have shewed a fearful sign

of denying God, in advising a man not to confess the truth. It

now comes to my mind, why you may not have your Accuser come

face to face: for such an one is easily brought to retract, when

he seeth there is no hope of his own life. It is dangerous that

any Traitors should have access to, or conference with one

another; when they see themselves must die, they will think it

best to have their fellow live, that he may commit the like

treason again, and so in some sort seek revenge.--Now it resteth

to pronounce the Judgment, which I wish you had not been this

day to have received of me: for if the fear of God in you had

been answerable to your other great parts, you might have lived

to have been a singular good subject.

I never saw the like Trial, and hope I shall never see the like

again.

_The Judgment._

But since you have been found guilty of these horrible Treasons,

the judgment of this court is, That you shall be had from hence

to the place whence you came, there to remain until the day of

execution; and from thence you shall be drawn upon a hurdle

through the open streets to the place of execution, there to be

hanged and cut down alive, and your body shall be opened, your

heart and bowels plucked out, and your privy members cut off,

and thrown into the fire before your eyes; then your head to be

stricken off from your body, and your body shall be divided into

four quarters, to be disposed of at the king's pleasure: And God

have mercy upon your soul.

The execution of sentence on Raleigh was deferred, and he was committed

to the Tower, where he remained as a State prisoner for the next

thirteen years, engaged in philosophic and scientific pursuits and the

education of Prince Henry, the then Prince of Wales. All this time,

however, he remained a person of considerable political importance,

owing to the assistance which the opponents of the proposed marriage

between Prince Charles and the Spanish Infanta hoped to derive from his

general popularity, and his reputation as the leading representative of

English hatred of Spain. At last, in 1616, he was released from custody,

though he was still technically a condemned man, and allowed to prepare

his expedition in search of the gold-mine which he believed to exist in

Guiana, on the banks of the Orinoco. The expedition was in fact promoted

by Winwood, then Secretary, and Villiers, who was at the moment in the

hands of the enemies of Somerset and the Spanish faction, and was always

intended by them as an act of hostility to Spain. How far Raleigh

entered into it in the spirit in which he represented it to the King,

may be judged of from the fact that he was ready at one time to direct

it against the Spaniards in Genoa, as a relief to the Duke of Savoy,

with whom they were then at war, and at another against the French, to

support a rebellion against the Queen-Mother, then in power. He had also

entered into negotiations with the French Court to bring his ships back

to France rather than England when its end was accomplished. What

Raleigh's actual intentions were when he started, it is impossible to

say. But they were all frustrated when a force which he sent up the

Orinoco was disastrously defeated in January 1617, in an attack on a

Spanish settlement, which was unexpectedly discovered between the sea

and the supposed situation of the mine. Raleigh returned a ruined man.

He wished himself to go to France, but his crew forced him to promise to

obtain their pardon from the King before he brought his ship into port.

In the end, after having touched at Kinsale, he persuaded his men to

sail for Plymouth. On landing he set out for London, but on the way met

his cousin, Sir Lewis Stukely, Vice-Admiral of Devon, charged with

orders to arrest him. Returning to Plymouth, he found means to put

himself into communication with the captain of a French ship, lying in

the Sound. Preparations were made for his escape in her, but Raleigh

changed his mind when he was actually in a boat on his way to board her,

and returned to land. Soon after orders came that he should be brought

up to London; but he managed to procure a little more time by feigning

illness at Salisbury. Here he attempted to bribe Stukely to allow him to

escape; but this proving in vain, he sent King, one of his captains, to

hire a vessel at Gravesend to await him till he could go on board. The

master, however, communicated the plan to a captain of one of the King's

ships, who passed it on to Stukely, who thereupon communicated both

attempts to the King. The next day Stukely sent the further information

to the Court, that Le Clerc, the agent of the King of France, had

offered Raleigh a passage on a French ship, and letters which would

procure him an honourable reception in France, which Raleigh had refused

on the ground that his escape was already provided for. Stukely was

accordingly ordered to feign friendship with Raleigh, and to aid his

attempt to escape, arresting him at the last moment; the object being to

gain as much information as to his designs as he could from Raleigh, and

possibly to obtain papers which would contain evidence against him and

his confederates. Raleigh was thereupon taken to his own house in Bread

Street, where he received a visit from Le Clerc, who repeated his

offers, which were accepted, and he was finally arrested the next

morning as he was escaping in a boat with Stukely and King, and brought

back once more to the Tower. Here Sir Thomas Wilson, an old spy of Queen

Elizabeth's, was set to extract from him, if he could, an acknowledgment

of the true character of his dealings with the French; and at length

Raleigh wrote to the King admitting that he had sailed with a commission

from the French admiral, and that La Chesnee, the interpreter to the

French Ambassador, had offered to assist in his escape. Meanwhile a

commission had been sitting to advise the King as to the best course for

him to follow. In the end they reported that Raleigh could not be tried

for any offence of which he had been guilty as an attainted man, that if

he were executed at all, he must therefore be executed upon the old

judgment, and that it would not be illegal to send him to execution on a

simple warrant. At the same time, they recommended that he should be

allowed something as near a trial as the circumstances admitted of; that

there should be a public proceeding in which the witnesses should be

publicly called, and that Raleigh should be heard in his own defence.

This, however, the King would not allow; and on the 28th of October

1618, Raleigh was brought up from the Tower to the King's Bench at

Westminster to receive judgment. He was called on to say why execution

should not be awarded against him, and pleaded that whereas since

judgment he had held the King's commission for a voyage beyond the seas,

with power of life and death over others, he was discharged of the

judgment; 'but the voyage, notwithstanding my endeavour, had no other

success, but what was fatal to me, the loss of my son, and the wasting

of my whole estate.'

Sir Edward Coke, now Lord Chief-Justice, ruled that this plea was bad,

as the commission had not the effect of a pardon, 'for by words of a

special nature, in case of treason, you must be pardoned, and not

implicitly.' He then proceeded, not without dignity, to order that

execution should be granted.

The night before the Execution, Sir Walter wrote the following

Letters, the one to the King, the other to his Wife:--

_Sir Walter Raleigh's Letter to the King._

'The life which I had, most mighty prince, the law hath taken

from me, and I am now but the same earth and dust out of which I

was made. If my offence had any proportion with your majesty's

mercy, I might despair, or if my deserving had any quantity with

your majesty's unmeasurable goodness, I might yet have hope; but

it is you that must judge that, not I. Name, blood, gentility or

estate, I have none; no not so much as a _vitam plantae_: I have

only a penitent soul in a body of iron, which moveth towards the

loadstone of death, and cannot be with-held from touching it,

except your majesty's mercy turn the point towards me that

expelleth. Lost I am for hearing of vain man, for hearing only,

and never believing or accepting: and so little account I made

of that speech of his, which was my condemnation (as my

forsaking him doth truly witness), that I never remembered any

such thing, till it was at my trial objected against me. So did

he repay my care, who cared to make him good, which I now see no

care of man can effect. But God (for my offence to him) hath

laid this heavy burden upon me, miserable and unfortunate wretch

that I am! But for not loving you (my sovereign), God hath not

laid this sorrow on me; for he knows (with whom I am not in case

to lie) that I honoured your majesty by fame, and loved and

admired you by knowledge; so that whether I live or die, your

majesty's loving servant I will live and die. If now, I write

what seems not well-favoured, most merciful prince, vouchsafe to

ascribe it to the counsel of a dead heart, and to a mind that

sorrow hath confounded. But the more my misery is, the more is

your majesty's mercy, if you please to behold it, and the less I

can deserve, the more liberal your majesty's gift shall be:

herein you shall only imitate God, by giving free life; and by

giving it to such a one, from whom there can be no retribution,

but only a desire to pay a lent life with the same great love,

which the same great goodness shall bestow on it. This being the

first letter that ever your majesty received from a dead man: I

humbly submit myself to the will of God, my supreme lord, and

shall willingly and patiently suffer whatsoever it shall please

your majesty to afflict me withal.

'WALTER RALEIGH.'

_Sir Walter Raleigh's Letter to his Wife._

'You shall now receive, my dear wife, my last words in these my

last lines. My love I send you, that you may keep it when I am

dead; and my counsel, that you may remember it when I am no

more. I would not by my Will present you with sorrows, dear

Besse, let them go into the grave with me, and be buried in the

dust. And seeing that it is not God's will that I should see you

any more in this life, bear it patiently, and with a heart like

thyself. First, I send you all the thanks which my heart can

conceive, or my words can rehearse, for your many travails, and

care taken for me; which though they have not taken effect as

you wished, yet my debt to you is not the less; but pay it I

never shall in this world. Secondly, I beseech you, for the love

you bare me living, do not hide yourself many days, but by your

travels seek to help your miserable fortunes, and the right of

your poor child. Thy mourning cannot avail me, I am but dust.

Thirdly, you shall understand that my land was conveyed _bona

fide_ to my child: the Writings were drawn at Midsummer was

twelve months, my honest cousin Brett can testify so much, and

Dolberry too can remember somewhat therein. And I trust my blood

will quench their malice that have cruelly murdered me, and that

they will not seek also to kill thee and thine with extreme

poverty. To what friend to direct thee I know not, for all mine

have left me in the true time of trial. And I perceive that my

death was determined from the first day. Most sorry I am, God

knows, that being thus surprised with death I can leave you in

no better estate. God is my witness, I meant you all my office

of wines, or all that I could have purchased by selling it,

half my stuff, and all my jewels, but some one for the boy; but

God hath prevented all my resolutions, that great God that

ruleth all in all: but if you can live free from want, care for

no more, the rest is but vanity. Love God, and begin betimes to

repose yourself upon him, and therein shall you find true and

lasting riches and endless comfort: for the rest, when you have

travelled and wearied your thoughts over all sorts of worldly

cogitations, you shall but sit down by sorrow in the end. Teach

your son also to love and fear God whilst he is yet young, that

the fear of God may grow with him; and then God will be a

husband to you, and a father to him; a husband and a father that

cannot be taken from you. Baily oweth me L500 and Adrian L600 in

Jersey. I also have much owing me besides. The arrearages of the

wines will pay your debts. And howsoever you do, for my soul's

sake, pay all poor men. When I am gone, no doubt you shall be

sought to, for the world thinks I was very rich. But take heed

of the pretences of men, and their affections, for they last not

but in honest and worthy men; and no greater misery can befall

you in this life than to become a prey, and afterwards to be

despised. I speak not this, God knows, to dissuade you from

marriage, for it will be best for you both in respect of the

world and of God. As for me, I am no more yours, nor you mine,

death hath cut us asunder; and God hath divided me from the

world and you from me. Remember your poor child for his father's

sake who chose you and loved you in his happiest times. Get

those Letters, if it be possible, which I writ to the lords,

wherein I sued for life: God is my witness it was for you and

yours that I desired life; but it is true that I disdained

myself for begging of it: for know it, my dear wife, that your

son is the son of a true man, and who, in his own respect,

despiseth death, and all his misshapen and ugly form. I cannot

write much, God he knows how hardly I steal this time while

others sleep, and it is also time that I should separate my

thoughts from the world. Beg my dead body, which living was

denied thee; and either lay it at Sherburne (and if the land

continue) or in Exeter church by my father and mother. I can say

no more, Time and Death call me away; the everlasting, powerful,

infinite and omnipotent God, that Almighty God, who is goodness

itself, the true life and true light, keep thee and thine, have

mercy on me, and teach me to forgive my persecutors and

accusers, and send us to meet in his glorious kingdom. My dear

wife, farewell. Bless my poor boy. Pray for me, and let my good

God hold you both in his arms. Written with the dying hand of

sometime thy husband, but now alas overthrown.'

'WALTER RALEIGH.'

On the 29th of October 1618, at nine o'clock in the morning, Raleigh was

brought to the scaffold in Old Palace Yard. As he began to make his

dying speech he saw Lords Arundel, Northampton, and Doncaster with other

lords and knights at a window, but too far off to hear him easily. 'I

will strain my voice,' said he, 'for I would willingly have your honours

hear me'; whereupon Arundel and the others came down to the scaffold,

and he having saluted them, began his speech again. He made no

reference to his original conviction, but occupied himself in

justifying his conduct since his return from Guiana. He denied having

had any commission from the French king, or knowing anything of a French

agent till he met him in his lodgings. He never spoke dishonourably of

the King. He did try to escape, but it was to save his life; and he

feigned illness at Salisbury, but it was in the hope of being able to

work upon the King's pity. He forgave the Frenchman, Le Clerc or La

Chesnee, and Sir Lewis Stukeley, 'for I have received the Sacrament this

morning of Mr. Dean of Westminster, and I have forgiven all men; but

that they are perfidious, I am bound in charity to speak, that all men

may take heed of them,' Stukeley, 'my keeper and kinsman,' had said that

he had told him that Carew and Doncaster had advised him to escape; but

this was not true; and it was needless that they should so tell him, for

he was left as much as ten days together at liberty to go where he

would. He had not offered Stukeley any money to procure his escape. So

far was it from being the case that he was brought by force into

England, his soldiers mutinied, and forced him to take an oath that he

would not go there till they would; and it was only by great exertions

that he persuaded them to go to Ireland, and then to England. He had

only L100 with him when he started for Guiana, and of that he gave his

wife L25. 'It is said that I should be a persecutor of the death of the

Earl of Essex, and that I stood in a window over against him when he

suffered, and puffed out tobacco in disdain of him. God I take to

witness, I shed tears for him when he died; and as I hope to look God in

the face hereafter, my lord of Essex did not see my face when he

suffered, for I was afar off in the Armoury when I saw him, but he saw

not me. I confess indeed I was of the contrary faction, but I know my

lord of Essex was a noble gentleman, and that it would be worse with me

when he was gone; for I got the hate of those who wished me well before,

and those that set me against him afterwards set themselves against me,

and were my greatest enemies, and my soul hath many times been grieved

that I was not nearer him when he died; because, as I understood

afterwards, that he asked for me at his death to have been reconciled

unto me.' And then proclamation having been made, he took leave of the

lords, knights, and gentlemen on the scaffold, particularly of Lord

Arundel, and asked to see the axe, and when it was brought to him, he

felt along the edge of it, and smiling, said to the sheriff, 'This is a

sharp medicine, but it is a physician that will cure all diseases.' He

then prayed a little, and having made the sign, the executioner cut off

his head with two blows.