RALEIGH--I think it a very severe interpretation of the law, to bring me within compa.s.s of Treason for this Book, writ so long ago, of which n.o.body 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 t.i.tle, 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 t.i.tle.
RALEIGH--I protest before G.o.d, 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 G.o.d, 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 circ.u.mstance 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 G.o.d, 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 G.o.d 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, G.o.d"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 G.o.d and prepare yourself; for I do verily believe that my lords will prove this.