Page:Cassell's Illustrated History of England vol 3.djvu/24

10 In his defence Sir Walter displayed not only consummate ability, but a range of reading which astonished every one. He illustrated the points of his speech by quotations from history, the civil and canon law, and treating the conspiracy as a chimera, and which none but fools or madmen would have engaged in, took leave to protest that he did not range himself in either of those classes. "I was not," he declared, "so base of sense but I saw that if ever this state was strong and able to defend itself, it was now. The kingdom of Scotland united, whence we were wont to fear all our troubles; Ireland quieted, where our forces were wont to be divided; Denmark assured, whom before we were wont to have in jealousy; the Low Countries, our nearest neighbour, at peace with us; and, instead of a lady whom time had surprised, we had now an active king, a lawful successor to the crown, who was able to attend to his own business. I was not such a madman as to make myself in this time a Robin Hood, a Wat Tyler, or a Jack Cade. I knew also 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, thrice at sea; wherein, for my country's sake, I had expended of my own property four thousand pounds. I knew that where before time he was wont to have forty great sails at the least in his ports, now he hath not past six or seven; and, for sending to his Indies, he was driven to hire strange vessels, a thing contrary to the institutions of his proud ancestors, who forbad straitly, in case of any necessity, that the kings of Spain should make their case known to strangers. I knew that of five-and-twenty millions he had from his Indies, he had scarce any left; nay, I knew his poorness at this time to be such, that the Jesuits, his imps, were to beg at the church doors; his pride so abated, as, notwithstanding his former high terms, he was glad to congratulate the king, my master, on his accession, and now cometh creeping unto him for peace. Then, was it ever read or heard of that any prince should disburse so much money without any pawn? And whose knows what great assurances the king of Spain stood upon with other states for smaller sums, will not think that he would so freely disburse to my lord Cobham six hundred thousand crowns. And if I had minded to set the lord Cobham to work in such a case, I surely should have given him some instructions how to persuade the king of Spain and answer his objections; for I know Cobham to be no such a minion as could persuade a king who was in want, to disburse so great a sum without great reason, and some assurance for his money. I know the queen of England lent not her money to the States, but had Flushing, Brill, and other towns in assurance for it. She lent not money to France but had Havre for it. Nay, her subjects, the merchants of London, did not lend her money without having her lands in pawn. What pawn did we give to the king of Spain? What did we offer him?"

He demanded that his accuser should be produced and brought face to face with him. He demanded it on the authority of the statute law and the law of God, both of which required that to prove an offence. But the lord chief justice Popham told him that the statutes of Edward VI., to which he appealed, were cancelled by Philip and Mary, and that he must take his trial by the common law, as settled by Edward III., under which a trial by jury and written evidences was as valid as a trial by jury and witnesses. That at most one witness was sufficient. But Raleigh replied that his case was peculiar. That in fact, there was no single witness against him; for even the man who had borne testimony against him had retracted his assertions. He, therefore, reiterated his demand for the production of Cobham; declaring that if Cobham dared in his presence to reaffirm a single charge, he would submit to his doom, and would not add another word. When this challenge was passed over without any notice whatever, he produced a letter which Cobham had written to him about a fortnight before, in which he said:—"To free myself from the cry of blood, I protest, upon my sold, and before God and his angels, I never had conference with you in any treason, nor was ever moved by you to the things I heretofore accused you of; and, for anything I know, you are as innocent and as clear from any treasons against the king as is subject living. And God so deal with me and have mercy on my soul, as this is true."

This appeared a strong avowal, but Cecil was prepared for this, having, no doubt, already seen this letter on its passage; and Coke produced in defeat of it another letter written by Cobham to the council but the day before. In this letter Cobham stated that Raleigh had twice sent letters to him in the Tower, which had been thrown into his window-sash in an apple. That in these letters he entreated him to do him right by denying what he had said as to his wishing him to come from the Continent by Jersey, and in other particulars. Cobham says that he has retracted the assertion about Jersey, but he goes on to assert that Raleigh had been the original cause of his ruin, for that he had no dealings with Aremberg but at his instigation; and he adds that at Aremberg's coming Raleigh was to receive a pension of fifteen hundred pounds a year, for which he was to keep the king of Spain informed of all designs against the Indies, the Netherlands, or Spain. That he counselled him also not to be overtaken by preachers as Essex was, and that the king would better allow of a constant denial than of the accusation of any one.

During the reading of this letter Raleigh could not conceal his astonishment and confusion. When it was finished, he admitted that there had been some talk of a pension, but mere talk and nothing more. But the fact made a deep impression on the minds of the jury, and the prisoner probably being conscious of it, reiterated his demand for the production of Cobham himself. "My lords," he exclaimed, "let Cobham be sent for; I know he is in this very house! I beseech you let him be confronted with me! Let him be here openly charged—upon his soul—upon his allegiance to the king—and if he will then maintain his accusations to my face, I will confess myself guilty!" But no notice was taken of this appeal: Coke still strove to bear him down by the coarsest brow-beating, exclaiming fiercely, "I will have the last word for the king!" "Nay," retorted Raleigh; "I will have the last word for my life!" "Go to," said the insolent lawyer; "I will lay thee upon thy back for the confidentest traitor that ever came to the bar." Cecil here interposed, telling Coke that he was too impatient and severe; but Coke cried, "I am the king's sworn servant, and must speak. You discourage the king's counsel, my lord, and encourage traitors."

The jury, but with evident reluctance, returned a verdict of guilty, On being asked, in the usual form, whether he