Ld. Ch. Just. 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 Ralegh is satisfied that Cobham's subscription is not necessary, I pray you, Mr. Attorney go

on.

Ralegh. 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 refel them.

Ralegh. 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 : farther 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.

The

Here WATSON's Additions were read.

great mass of

money from the count was impossible, &c. BROOKE'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 surprising 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 Ralegh should have 8000, or 10,000 crowns.

COBHAM's Examination, July 18.

If the money might be procured, saith he, then a man may give pensions.

pensions. Being asked if a pension should not be given to his brother Brooke, 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 Ralegh supped with him.

Attorney. Ralegh must have his part of the money, therefore now he is a traitor. The crown shall never stand one year on the head of the king, my master, if a traitor may not be condemned by circumstances: for, if A. tells B. and B. tells C. and C. D. &c. you shall never prove treason by two witnesses.

RALEGH'S Examination was read.

He confesseth Cobham offered him 8000 crowns, which he was to have for the fartherance 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.

Ralegh. 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 farther the peace, he would get me 8000 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! had made a discourse against the peace, and would have printed it. If Cobham changed his mind, if the priests, if Brooke 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. Ralegh confesseth the matter, but avoideth it by distinguising of times. You said it was offered you before the

I

coming

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 præsumitur mentiri.

Ld. 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.

Ralegh. Could I stop my Lord Cobham's mouth?

Ld. Cecil: Sir Walter Ralegh 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?

Ld. Ch. Just. 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.

Judge 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.

Ralegh. The common trial of England is by jury and witnesses. Ld. Ch. Just. No, by examination. If three conspire a treason, and they all confess it; here is never a witness, yet they are condemned.

Judge Warburton. I marvel, Sir Walter, that you being of such experience and wit, should stand on this point; for so many horsestealers may escape, if they may not be condemned without witnesses. If one should rush into the king's privy chamber, while he is alone, and kill the king (which God forbid,) and this man be met coming with his sword drawn all bloody, shall not he be condemned to death? My Lord 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.

Ralegh. I know not how you conceive the law.

L. Ch.

Ld. Ch. Just. Nay, we do not conceive the law, but we know the law.

Ralegh. The wisdom of the law of God is absolute and perfect, Hæc fac, et vives, &c. But now by the wisdom of the state, the wisdom of the law is uncertain. Indeed, where the accuser is not to be had conveniently, I agree with you; but here my accuser may; he is alive, and in the house. Susanna had been condemned, if Daniel had not cried out, will you condemn an innocent Israelite, without examination or knowledge of the truth? Remember, it is absolutely the commandment of God, if a false witness rise-up, you shall cause him to be brought before the judges; if he be found false, he shall have the punishment which the accused should have had. It is very sure, for My Lord to accuse me is my certain danger, and it may be a means to excuse himself.

Ld. Ch. Just. 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 imprisonThere hath been intelligence between you, and what underhand practices there may be, I know not. If the circumstances agree not with the evidence, we will not condemn you.

ment.

Ralegh. 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.

Ld. Ch. Just. 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

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 Brooke said, the stirs in Scotland came out of Ralegh's head.' Ralegh. Brooke hath been taught his lesson.

Ld. Hen. Howard. This examination was taken before. Did I teach him his lesson ?

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

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

Ralegh. 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.

Ralegh. 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 40,000 crowns 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 confessest the king to be a most sweet and gracious prince, and yet hast conspired against him.

WATSON'S Examination read.

He said, that George Brooke told him twice, that his brother, the Lord Cobham, said to him, that you are but on the bye, but

Ralegh and I on the main.'

BROOKE'S Examination read.

Being asked what was meant by this jargon, the bye and the VOL. II.

G

• main ?