of Essex) not to execute the commission; and Elizabeth, who still expected that her favourite would make this last appeal to her tenderness, and who ascribed the neglect of it to his invincible obstinacy, was, after much delay, and many internal compunctions, pushed by resentment and policy to sign the warrant for his execution. At a subsequent period the Countess of Nottinghum, affected with the near approach of death, revealed the secret to the Queen, who in a furious passion absolutely shook the dying woman in her bed, crying, "That God might pardon her, but she never could." She broke from the room, and thenceforth resigned herself to the deepest and most incurable melancholy, which terminated her existence on the 24th March 1603.*

On the accession of James 1. Coke was retained in his place and knighted. In November following he was called upon to prosecute Sir Walter Raleigh and others for treason. The exact object of this conspiracy is still involved in mystery, and the conspirators themselves had not perhaps formed any fixed design, so early did the discovery take place. It appears however to have been intended to oppose the proclamation of King James, and to place Arabella Stuart (a descendant of Henry 7.) on the throne in his stead. Lords Grey and Cobham, Sir Walter Raleigh and a few others were the principal persons accused. Raleigh was brought to trial at Winchester on the 17th November 1603, the Court then sitting there, on account of a general sickness in London. Cobham was the principal witness against him, but he was not confronted with the prisoner, and his evidence he first retracted, and then retracted his

The celebrated ring is now in the possession of W. Sotheby, Esq., late of Bloomsbury-square.

a 4

retractation. Upon the written evidence of this single witness, without any concurring testimony, was this highly gifted individual convicted, contrary to all law, which requires, that in cases of treason the witnesses be examined in the prisoner's presence. Sir Walter knew that if he could once get Cobham face to face, his acquittal was certain; he therefore strenuously pressed the Court for a viva voce examination, which Coke as resolutely opposed. At this time all prosecutions for treason were conducted on the statute of Edw. 3., which, according to Lord Chief Justice Anderson, speaks of those who imagine a treason; "and how," says he, "can an imagination be proved by honest men, when it lies only in the secret recesses of a traitor's mind." A prosecution in these days seldom missed its aim from any defect of evidence, or indeed from any other cause. Against the weight and ability of the crown lawyers a prisoner had nothing to oppose: he was allowed no counsel; and if he prayed the Court in their humanity to see that the indictment was sufficient, the answer was, that they sat there not to give counsel, but to judge. Even the innocence of a prisoner could not be made out; for witnesses were not to be heard against the Crown. Juries were no protection to the subject for though the Court might perhaps allow challenges for cause, they would not allow a prisoner to make one peremptory challenge. No one was, nor does it appear how any body could possibly be acquitted under such a course of proceedings. A trial for high treason was indeed, in those days, a formal, but a certain, method of getting rid of an obnoxious character.

It is scarcely possible to convey an idea of the rancorous abuse which the intemperate Attorney gave way to on this occasion, but by extracts from the trial itself:

Attorney-General.-I shall not need, my lords, to speak any thing concerning the king, nor of the bounty and sweetness of his nature, whose thoughts are innocent, whose words are full of wisdom and learning, and whose works are full of honour; although it be a true saying, nunquam nimis quod nunquam satis. But to whom do you bear your malice ?- to the children.

Raleigh. To whom speak you this?

heard of.

You tell me news I never

Attorney.-Oh! sir, do I? I will prove you to be the most notorious traitor that ever came to the bar. After you have taken away the king, you would alter the religion. I will charge you with the words.

Raleigh. Your words cannot condemn me; my innocence is my defence.

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, but thou incitedst Cobham to go to him, and to deal with him for money to bestow on discontented persons, to raise rebellion in the kingdom.

Raleigh.― Let me answer for myself.
Attorney. Thou shalt not.

Raleigh. It concerneth my life.

Lord Chief-Justice Popham.—Sir Walter Raleigh, Mr. Attorney is yet but in the general; but, when the king's counsel have given the evidence wholly, you shall answer every particular.

Raleigh. I will wash my hands of the indictment, and die a true man to the king.

Attorney.--You are the most absolute traitor that ever was.

Raleigh. Your phrases will not prove it, Mr. Attorney.

Attorney.-Cobham writes a letter to my Lord Cecil, and commands Mellis, his man, to lay it in a Spanish bible, and to make as if he found it by chance. This was after he had intelligence with this viper that he was false.

Lord Cecil.-You mean a letter intended to me; I never had it. Attorney.- No, my Lord, you had it not. You, my masters of the jury, respect not the wickedness and hatred of the man; respect his cause. If he be guilty, I know you will have care of it, for the preservation of the king, the continuance of the gospel authorized, and the good of us all.

Raleigh. I do not hear yet, that you have spoken one word

against me; here is no treason of mine done. If my Lord Cobham be a traitor, what is that to me?

Attorney. All that he did was by thy instigation, thou viper; it was through thee, thou traitor.

Raleigh. It becomes not a man of quality and virtue to call me so; but I take comfort in it, it is all you can do.

Attorney. Have I angered you?

Raleigh. I am in no case to be angry.

Popham, J.-Sir Walter Raleigh, Mr. Attorney speaks out of the zeal of his duty, for the service of the king, and you for your life; be valiant on both sides.

Raleigh. I never came to the Lord Cobham's but about matters of his profit; as the ordering of his house, paying of the servants' board wages &c. I had of his, when I was examined, 40007. worth of jewels for a purchase; a pearl of 30007., and a ring worth 5007, If he had had a fancy to run away, he would not have left so much to have purchased a lease in fee-farm. I saw him buy 3007. worth of books to send to his library at Canterbury, and a cabinet of 307. to give to Mr. Attorney for drawing the conveyances; and God in Heaven knows, not I, whether he intended to travel or no. But for that practice with Arabella, or letters to Aremberg framed, or any discourse with him, or in what language he spake unto him; if I knew any of these things, I would absolutely confess the indictment, and acknowledge myself worthy ten thousand deaths.

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 these 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 40007. 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?

Attorney. Thou hast a Spanish heart, and thyself art a spider of hell; for thou confessest the king to be a most sweet and gracious prince, and yet hast conspired against him.

Raleigh. If truth be constant, and constancy be in truth, why has he foresworn what he has 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 speaks for his life, must speak last. False repetitions and mistakings must not mar my You should speak secundum allega et probata, I appeal to God and the king in this point, whether Cobham's accusation be sufficient to condemn me.

cause.

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 most confident traitor that ever came to a bar. Why should you take 8000 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.

Here the 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; 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 therewith the learned attorney drew a letter from his pocket wherein Raleigh purports to council Cobham (after some scripture exhortation) not to associate with preachers as Essex did, and so betray himself; after which the Attorney continued :