Part 6

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 præsumitur 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.

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: Hæc 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?