not for gaining of time or prolonging my life that I urge this; HE IS IN THE HOUSE HARD BY, and may soon be brought hither; let him be produced, and if he will yet accuse me or avow this confession of his, it shall convict me and ease you of further proof."

Lord Cecil.-" Sir Walter Raleigh presseth often that my Lord Cobham should be brought face to face; if he ask a thing of grace and favour, they must come from him only who can give them; but if he ask a matter of law, then, in order that we, who sit here as commissioners, may be satisfied, I desire to hear the opinions of my Lords, the judges, whether it may be done by law." The judges all answered, "that in respect it might be a mean to cover many with treasons, and might be prejudicial to the King, therefore, by the law, it was not sufferable."

Popham, C. J.-"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. Where no circumstances do concur to make a matter probable, then an accuser may be heard; but so many circumstances agreeing and confirming the accusation in this case, the accuser is not to be produced; for, having first confessed against himself voluntarily, and so charged another person, if we shall now hear him again in person, he may, for favour or fear, retract what formerly he hath said, and the jury may, by that means, be inveigled."

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 (m).—“The statute you speak of, concerning

(m) Even this earth worm (still occasionally quoted to gratify our pleading judges), was tormented on his death bed by the recollection of his share in the guilt of this transaction. He told his physician (Dr. Turner) "that the justice of England had never been so degraded and injured as by the trial of Sir W. Raleigh;" and this from an English judge in those days, whose conscience must have been "seared with a red

two witnesses in case of treason, is found to be inconvenient; therefore, by another law, it was taken away” (n).

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 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."

Raleigh." I know not how you conceive the law."

Attorney." His accusation, being testified by the Lords, is

hot iron," by the cruelties and crimes of which he was ex officio, and necessarily an accomplice. "The judges," says Lord Bacon, "peruse every prisoner. Those that are indicted by the grand jury, and found not guilty by the special jury, they judge to be quitted, and so deliver them out of gaol. Those that are found guilty by both juries, they judge to death. Some, whose offences are pilfering under twelve pence, they judge to be whipped. Those that refuse trial by the country, or stand mute upon the indictment, they judge to be pressed to death." Use of the Law, Bacon's Works, vol. 4, p. 93, ed. 1803. "Nulli gentium mitiores placuisse pœnas," was Livy's boast of his country. The reverse is true of England. James himself said, "he would not wish to be tried by a Middlesex jury." But those who peruse the proceedings which sometimes take place on our court martials, in the absence of any legal control, the absurd conclusions they draw, and the ruin they inflict, of which the case of Captain Douglas is a memorable instance, will be more and more astonished at the way abuses are tolerated in this country, till it becomes the interest of some party to point them out.

(n) N.B. This was untrue.

of as great force as if he had subscribed. Raleigh saith again, if the accuser be alive, he must be brought face to face to speak; and alledges 25 Edw. 3, that there must be two sufficient witnesses that must be brought face to face before the accused; and alledgeth 10 and 13 Elizabeth."

Raleigh. "You try me by the Spanish Inquisition, if you proceed only by the circumstances, without two witnesses." Attorney." This is a treasonable speech."

Raleigh. "If truth be constant, and constancy be in truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct proofs, but all by circumstances."

Attorney." Have you done? The King must have the

last."

Raleigh." Nay, Mr. Attorney, he which speaketh for his life must speak last. False repetitions and mistakings must not mar my cause. You should speak secundum allegata et probata, I appeal to God and the King in this point, whether Cobham's accusation be sufficient to condemn me.”

Attorney." The King's safety and your clearing cannot agree. I protest, before God, I never knew a clearer treason." Raleigh."I never had intelligence with Cobham since I came to the Tower."

Attorney." Go to; I will lay thee upon thy back for the confidentest traitor that ever came at a bar. Why should you take eight thousand crowns for a peace?"

Lord Cecil.-" Be not so impatient, good Mr. Attorney; give him leave to speak."

Attorney." If I may not be patiently heard, you will encourage traitors, and discourage us. I am the King's sworn servant, and must speak. If he be guilty, he is a traitor; if not, deliver him." ["Note. Here Mr. Attorney sat down. in a chafe, and would speak no more, until the Commissioners urged and entreated him. After much ado, he went on, and

made a long repetition of all the evidence for the direction of the jury (n); and at the repeating of some things, Sir Walter Raleigh interrupted him, and said he did him wrong."]

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

Raleigh. "You speak indiscreetly, barbarously, and uncivilly."

Attorney." I want words sufficient to express thy viperous treasons."

Raleigh." I think you want words indeed, for you have spoken one thing half a dozen times."

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."

Attorney." Well, I will now make it appear to the world that there never lived a viler viper upon the face of the earth than thou." [And therewithal he drew a letter out of his pocket.

]

Lord Cecil.-" Sir Walter Raleigh, if my Lord Cobham will now affirm, that you were acquainted with his dealings with Count Aremberg, that you knew of the letter he received, that you were the chief instigator of him, will you then be concluded by it?"

Raleigh.-"Let my Lord Cobham speak before God and the King, and deny God and the King if he speak not truly, and will then say that ever I knew of Arabella's matter, or the

(n) When Popham summed up the evidence he said, “just then it came into his mind why the accuser should not come face to face with the prisoner, because he might detract his evidence; and when he should see himself must die, he would think it best that his fellow should live to commit the like treason, and so get revenge." Accuser here means accomplice. So the reason assigned by this righteous judge for not obeying the law is, lest the witness should unsay what he had said, that is the very reason why he should be put to the test. Political Tracts, vol. 2,

p. 6.

M

money out of Spain, or the Surprising Treason, I will put myself upon it. God's will and the King's be done with me!" Lord Cecil." Then, Sir Walter, call upon God to help you, for I do verily believe my Lords will prove this." Lord Henry Howard.-" But what if my Lord Cobham affirm anything equivalent to this; what then?"

Raleigh." My Lord, I put myself upon it."

Attorney." I shall now produce a witness viva voce:" He then produced one Dyer, a pilot, who, being sworn, said, " Being at Lisbon, there came to me a Portugal gentleman, who asked me how the King of England did, and whether he was crowned? I answered him, that I hoped our noble King was well, and crowned by this; but the time was not come when I came from the coast for Spain. 'Nay,' said he, your King shall never be crowned, for Don Cobham and Don Raleigh will cut his throat before he come to be crowned.' And this, in time, was found to be spoken in mid July."

Raleigh." This is the saying of some wild Jesuit or beggarly priest; but what proof is it against me?"

Attorney." It must per force arise out of some preceding intelligence, and shews that your treason had wings."

Raleigh." If Cobham did practice with Aremberg, how could it but be known in Spain? Why did they name the Duke of Buckingham in Jack Straw's rebellion, and the Duke of York in Jack Cade's, but to give countenance to the treasons?"

66

Cobham's Letter of Justification to Raleigh.

Seeing myself so 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 by your procurement; God so comfort me in this my affliction as you are a true subject, for anything that I know. I will say as Daniel, Purus sum a