State Trials, Political and Social Volume I Part 3

RALEIGH--The wisdom of the law of G.o.d 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 G.o.d: 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 circ.u.mstances 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: G.o.d 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 G.o.d, 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 h.e.l.lish spiders, Clark, Watson, and others against me?

ATTORNEY--Thou hast a Spanish heart, and thyself art a Spider of h.e.l.l; 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 pa.s.sion 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 t.i.tle 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 G.o.d, 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 Ma.n.u.script, 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.