Lord Cecil—I am in great dispute with myself to speak in the case of this gentleman; a former dearness between me and him tyed so firm a knot of my conceit of his virtues, now broken by a discovery of his imperfections. I protest, did I serve a king that I knew would be displeased with me for speaking, in this case I would speak, whatever came of it; but seeing he is compacted of piety and justice, and one that will not mislike of any man for speaking the truth, I will answer your question. Sir Walter Raleigh was staid by me at Windsor, upon the first news of Copley, that the king's person should be surprized by my lord Grey, and Mr. Geo. Brook; when I found Brook was in, I suspected Cobham, then I doubted Raleigh to be a partaker. I speak not this, that it should be thought I had greater judgment than the rest of my lords in making this haste to have them examined. Raleigh following to Windsor, I met with him upon the Terrace and willed him, as from the king, to stay; saying the lords had something to say to him; then he was examined, but not concerning my lord Cobham but of the surprizing treason. My lord Grey was apprehended, likewise Brook; by Brook, we found that he had given notice to Cobham of the surprizing treason, as he delivered it to us; but with as much sparingness of a brother as he might. We sent for my lord Cobham to Richmond, where he stood upon his justification and his quality; sometimes being froward; he said he was not bound to subscribe, wherewith we made the king acquainted. Cobham said, if my Lord Chief-Justice would say it was a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a light given to Aremberg, that Lawrency was examined; but that Raleigh knew that Cobham was examined is more than I know.
Raleigh—If my lord Cobham had trusted me in the Main, was not I as fit a man to be trusted in the Bye?
Lord Cecil—Raleigh did by his Letters acquaint us that my lord Cobham had sent Lawrency to Aremberg, when he knew not he had any dealings with him.
Lord H. Howard—It made for you if Lawrency had been only acquainted with Cobham, and not with you. But you knew his whole estate, and were acquainted with Cobham's practice with Lawrency: and it was known to you before that Lawrency depended upon Aremberg.
Attorney—1. Raleigh protested against the surprizing treason. 2. That he knew not of the matter touching Arabella. I would not charge you, sir Walter, with the matter of falsehood: you say you suspected the Intelligence that Cobham had with Aremberg by Lawrency.
Raleigh—I thought it had been no other intelligence, but such as might be warranted.
Attorney—Then it was but lawful suspicion. But to that whereas you said, that Cobham had accused you in passion, I answer three ways. 1. I observed, when Cobham said let me see the letter again, he paused; and when he did see that count Aremberg was touched, he cried out, oh traitor! oh villain! now will I confess the whole truth. 2. The accusation of a man on hearsay is nothing: would he accuse himself on passion and ruinate his case and posterity out of malice to accuse you? 3. Could this be out of passion? Mark the manner of it; Cobham had told this at least two months before to his brother Brook, 'You are fools, you are on the Bye, Raleigh and I are on the Main, we mean to take away the king and his cubs.' This he delivered two months before. So mark the manner and the matter; he would not turn the weapon against his own bosom, and accuse himself to accuse you.
Raleigh—Hath Cobham confessed that?
Lord Chief-Justice—This is spoken by Mr. Attorney to prove that Cobham's speech came not out of passion.
Raleigh—Let it be proved that Cobham said so.