precedents to allow written depositions to be treated as
valid testimony. Only by the assent of counsel for the Crown was the
oral examination of witnesses permitted. Ralegh did not struggle against
the ruling. He could but plead, 'though, by the rigour and severity of
the law, this may be sufficient evidence without producing the witness,
yet, your Lordships, as ministers of the King, are bound to administer
the law in equity.' 'No,' replied Popham: 'equity must proceed from the
King; you can have only justice from us.' Coke triumphantly exclaimed:
'This dilemma of yours about two witnesses led you into treason.'
Cobham's letter of July 29 to the Council about the money asked of
Arenberg was read. In it occurred the expression: 'We did expect the
general discontentment.' Coke's comment was: 'The peace pretended by Sir
Walter Ralegh is merely jargon; for it is clear the money was for
discontented persons. Now Ralegh was to have part of the money;
therefore, he was a discontented person, and, therefore, a traitor.'
That was the logic thought good enough at a trial for treason. So, to
Ralegh's indignant remonstrance at the use of the evidence of 'hellish
spiders,' like Clarke and Watson, concerning 'the King and his cubs' as
evidence against him, Coke answered: '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 thou hast conspired against him.'
With equal relevancy he cited from the depositions: 'Brooke thinketh the
project for the murder of the King was infused by Ralegh into his
brother's head.' For Coke this was valid evidence against Ralegh.

[Sidenote: _Serjeant Phillips._]

On rolled the muddy stream of inconsequential testimony, and of
reasoning to match; the 'irregular ramble,' as Sir John Hawles has
termed it. Snagge's book was discussed; how Ralegh borrowed it from
Burleigh's library; and how Cobham had it, whether by gift from Ralegh,
or by borrowing it when Ralegh was asleep. To Ralegh the whole appeared
the triviality it was. 'It is well known,' said he, 'that there came out
nothing in those times but I had it. I believe they will find in my
house almost all the libels writ against the late Queen.' As utterly
irrelevant against him was the introduction of Arabella Stuart to deny
her knowledge of any plots in her pretended interest. Worse than
irrelevant was pilot Dyer's gossip with a gentleman at Lisbon, to whom
Dyer had