of.

Raleigh-To whom speak you this? You tell me news I never heard

"

Mr. Attorney-Oh, sir, do I? I will prove you the notoriousest 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, 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 torments.

Mr. Attorney-Nay, I will prove all: thou art a monster; thou hast an English face, but a Spanish heart. Now you must have money: Aremberg was no sooner in England (I charge thee, Raleigh), but thou incitedest Cobham to go unto him, and to deal with him for money to bestow on discontented persons, to raise rebellion.

Raleigh Let me answer for myself.
Mr. Attorney-Thou shalt not.

Raleigh-It concerneth my life.

Mr. Attorney-Oh! do I touch you ?

After this, Coke dwelt upon the charges in the indictment.

Raleigh-I do not hear yet that you have spoken one word against me. If my Lord Cobham be a traitor, what is it to me?

Mr. Attorney-All 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.

Mr. Attorney-Have I angered you?

Raleigh replied mildly—I am in no case to be angry.

ham.

This dialogue was at length put an end to by the Chief Justice Pop"Sir Walter Raleigh," said he, " Mr. Attorney speaketh out of the zeal of his duty for the service of the king, and you for your life: be patient on both sides.”

The clerk then read the proofs, beginning with the examination of Lord Cobham. Only one abstract of it is on the record, but that alone indicates the looseness of his swearing. "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. Besides, he spoke of plots and invasions; of the particulars whereof he could give no account, though Raleigh and he had conferred of them."

On this examination being read, which, by the admission of his direct foes, was the only evidence against the accused, Raleigh was permitted to address the jury in his defence.‡ "And this," said he, in a tone of unfeigned astonishment, "is absolutely all the evidence which can be brought against me; poor shifts! Gentlemen of the Jury, I pray you to understand this. This is that which must either condemn me, or give me my life—which must free me or send my wife and children to beg their bread about the streets: this is that must prove me a notorious traitor, or a true

*The word "Bye" was given to a plot confined to Brooke and some others. That of which Raleigh was accused of instigating was called the "Main."

† Coke's answer became a proverb.

Tyler's Life of Raleigh, 234. Jardin's Criminal Trials, vol. i. p. 416.

subject to the King. I was examined before my Lords of the Privy Council at Windsor, touching the surprising treason,* and also of the Lord Cobham's practices with Aremberg, from all which, God knows, I was free, for I never was privy to any of them; and as concerning plotting for the Laby Arabella, I protest before God, at that time I never heard one word of it! It is true in my examination I told the lords I knew of no plots between Aremberg and Cobham; but afterwards I wrote to Lord Cecil that I suspected Lord Cobham had intelligence with Aremberg. This letter of mine being afterwards shewn to the Lord Cobham, he thought I discovered and betrayed his dealing with Aremberg, and entering into a rage, accused me; but before he came to the stair foot, repented, and, as I heard, acknowledged 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 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. But it is strange for me to devise with Cobham that he should go to Spain to persuade the king to disburse so much money, he being a man of no tone nor following in England, and I having resigned the chief command -the Wardenship of the Stanneries. Moreover, I was not so bare of sense but I saw that if ever this state was strong and able to defend itself, it was now: I knew the kingdom of Scotland united, where we were wont to fear all our troubles; Ireland quieted, where our forces were wont to be divided; Denmark assured, which before was suspected; the Low Countries, our nearest neighbours, at peace with us. I knew that, having lost a lady whom time had surprised, we had now an active king, a lawful successor, who would himself be present in all his affairs. I was not such a madman as to make myself, in this time, a Robin Hood, a Wat Tyler, or a Jack Cade. I also knew the state of Spain well; his weakness, and poorness, and humbleness at this time. I knew that he was discouraged and dishonoured. I knew that six times we had repulsed his forces-thrice in Ireland, and thrice at sea-once at Cadiz, on his own coast. Thrice had I served against him myself, at sea, wherein, for my country's sake, I had expended of my own property, 4000l. I knew the King of Spain to be the proudest prince in Christendom; but now that he came creeping to the king, my master, for peace. I knew, whereas before he had in his port six or seven score sail of ships, he hath now but six or seven. I knew, of twenty-five millions he had from the Indies, he hath scarce but one left. Then was it ever heard that any Prince should disburse so much money without a sufficient pawn? I knew her own subjects, the citizens of London, would not lend her late Majesty money without lands in mortgage. I knew the Queen did not lend the States money without Flushing, Brill, and other towns for a pawn, and can it be thought that he would have given Cobham 600,000 crowns? What pawn had we to give the King of Spain? What did we offer him? And to shew I was not Spanish, as you term me, I had written, at this time, a treatise to the King's Majesty, of the present state of Spain, and the reasons against the peace. For my inwardness with the Lord Cobham, it

* Another name for the "Bye."

was only in matters of private estate, wherein he communicated often with me, and I lent him my best advice. Whether he intended to travel to Spain or not, God in heaven knoweth. But for my knowing that he had conspired all those things with Spain for Arabella, against the King, I protest before Almighty God, I am as clear as whoever here is freest."

Coke met Raleigh's allegation, "that Cobham had accused him in a fit of passion."—It hath been argued, that Cobham acted under a paroxysm of resentment. Yet it was no sudden ebullition, for at least two months before, he had said to his brother Brooke, "You are fools, you are in the Bye. Raleigh and I am in the Main. We mean to take away the King and his cubs."

Raleigh-I beseech you, my Lords, let it be proved that Cobham so expressed himself. You try me by the Spanish Inquisition, if you proceed only by the circumstances without two witnesses. 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. 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. Afterward, when she was executed, the real murderer confessed. What said the judge to Fortescue, touching his remorse of conscience for proceeding upon such slender proof? "That so long as he lived he could never purge his conscience of that deed." I may be told that these statutes are repealed. Yet the equity and reason of these laws remain: and at all events the law of God remaineth for ever; and the canon of God saith, 66 At the mouth of two or three witnesses shall he that is worthy of death, be put to death; but at the mouth of one witness he shall not be put to death." If, then, by the statute law, by the civil law, and by God's word, it be required that there must be two witnesses at the least, bear with me if I desire one. Let Cobham be here; let him speak it. Call any accuser before my face, and I have done. All is but his accusation. No other thing hath been brought against me; and yet its accusation he never subscribed-he never avouched. I beseech you, my Lords, let this lord be sent for. Charge him on his soul, on his allegiance to the King. If he affirm it I am content to be found guilty. Remember what St. Austin says, "So judge as if you were about to be judged yourselves; for in the end there is but one Judge, but one tribunal for all men." Now, if you yourselves would like to be hazarded in your lives, and disabled in your descendants, -if you would be content to be delivered up to be slaughtered; to have your wives and children turned into the street to beg their bread-if you would be content all this should befall you, upon a trial by suspicions, and presumptions, upon an accusation not subscribed by your accuser, without the testimony of a single witness, then so judge me as you would yourselves be judged.

Coke's passion again burst forth in invective. Failing in proof before the Court, he launched into abuse.

Mr. Attorney-Thou art the most vile and execrable traitor that ever lived.

Raleigh-You speak indiscreetly, barbarously, and uncivilly.

Mr. Attorney I want words sufficient to express thy viperous treason. Raleigh-I think you want words indeed, for you have spoken one thing half-a-dozen times.

Mr. 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.

Mr. Attorney-Well now, I will make it appear to the world, that there never lived a viler viper upon the face of the earth than thou. (Saying this he drew a letter from his pocket.) My Lords, you shall see, this is an agent who hath writ a treatise against Spain, and hath even so detested him! this is he that hath spent so much money against him in service! and yet you shall see whether his heart be not wholly Spanish. The Lord Cobham, who of his nature was a good and honorable gentleman until overtaken by this wretch, now finding his conscience heavily burdened with some of the courses which the subtlety of this traitor had drawn him into, he could be at no rest in 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, with his own hands he wrote this letter:-" 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 come now near to the period of my life, therefore I confess the whole truth before God and his angels. Raleigh, before I came from the Tower, caused an apple to be thrown in at my chamber window; the effect of it was to intreat me to right the wrong I had done him in saying that I should come home by Jersey; which under my hand I have retracted. Aremberg's coming, Raleigh was to have procured a pension of £1500 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 hath been the original cause of my ruin; for I had no dealing with Aremberg but by his instigation." On this letter Mr. Attorney commented" Oh, damnable atheist ! he hath learned some text of Scripture to serve his own purpose but falsely alleged."

At

fellow

Raleigh-You have heard a strange tale of a strange man. Now Mr. Attorney thinks he hath matter enough to destroy me. I bid a poor throw in the letter at Cobham's 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 he not acquaint me with his treasons if I did acquaint him with my dispositions?

Chief Justice-But what say you now of the letter, and the pension of £1500 per annum?

Raleigh-I say that Cobham is a base, dishonorable, poor soul; as this, his letter, will shew-(He then produced the letter and requested that Cecil, who alone was acquainted with the handwriting, might read it.) It ran thus-" Seeing myself 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 for your procurement. God so comfort me in this my affliction, as you are a true subject, for anything I know. I will say as Daniel,* Purus sum a sanguine hujus. So God have mercy on my soul as I know no treason by you."

This was the last piece of evidence. A marshal was sworn to keep the court, and the jury having retired, deliberated for a quarter of an hour, and brought in their verdict-Guilty. Raleigh was then asked, in the ordinary form, whether he had anything to urge why judgment of death should not pass against him. To which he replied with marked composure:

* He clearly meant Pilate.

My Lords-The jury have found me guilty. They must do as they are directed. I can say nothing why judgment should not proceed. You see whereof Cobham hath accused me. You remember his protestation that I was never guilty. I desire the King should know of the wrongs done me this day, since I came hither, by Mr. Attorney. I desire my Lords to remember these things to the King-1st, I was accused to be a practiser for Spain. I never knew that my Lord Cobham meant to go thither—I will ask no mercy at the King's hand if he will affirm it; 2nd, I never knew of the practice with Arabella; 3d, I never knew of my Lord Cobham's practice with Aremberg, nor of the surprising treason. I submit myself to the King's mercy. I know his mercy is greater than my offence. I recommend my wife, and son of tender years, unbrought up, to his compassion.

The Lord Chief Justice then pronounced the extreme sentence of the law. The court broke up, and Raleigh accompanied the Sheriff to the prison; all being struck with his noble demeanour, which it was observed became a man conscious of his innocence, and yet not insensible to his situation, as being condemned by the laws of his country.*

I would willingly pass over the mockery of justice as evinced in his trial, but unhappily the profession of the law is always the armoury from which the weapon is selected to strike at the welfare of an individual or a nation, and the prominent instance before us shews that the knowledge of right is no preventative of the commission of wrong, for who more thoroughly versed in the science which he so cruelly perverted than Sir Edward Coke? He was then the ablest lawyer of England, and few since have equalled, never excelled him. He must have been convinced of the absence of legal evidence against Sir Walter, and how must we reprobate the readiness with which he lent himself to the conspiracy to ruin an innocent man? Clearly he sought to ingratiate himself with James, and to gain the patronage of Cecil, whom he looked to as possessed of the power of bestowing those professional honors he sighed for. To this we must attribute the foul abuse, the insulting language used by Coke on this occasion, sufficient to cast a great reflection, not only on his own memory, but even in some degree upon the manners of the age.† Affording an instance of that browbeating tone which counsel often assume, and which the presiding Judge should protect the party from. I am not at all satisfied with Chief Justice Popham's conduct. He should have prevented the language so disgracefully uttered, at least the repetition of it; and though his conduct is said to be the result of the defective state of the law of treason more than a strong or improper bias against the prisoner,‡ I think a more frequent interference, and more decided tone, would have prevented much of the foul rancour which fell from the Attorney General.

*Cayley, vol. ii. p. 79.

† Hume.

Tyler, 260.