ATTORNEY--Cobham saith that he was a long time doubtful of Raleigh that he would send him and the money to the king. Did Cobham fear lest you would betray him in Jersey? Then of necessity there must be trust between you. No man can betray a man but he that is trusted, in my understanding. That is the greatest argument to prove that he was acquainted with Cobham"s proceedings. Raleigh has a deeper reach, than to make himself as he said, "Robin Hood, a Kett, or Cade"; yet I never heard that Robin Hood was a traitor; they say he was an outlaw. And whereas he saith that our king is not only more wealthy and potent than his predecessors, but also more politic and wise, so that he could have no hope to prevail; I answer, There is no king so potent, wise, and active, but he may be overtaken through treason. Whereas you say Spain is so poor, discoursing so largely thereof; it had been better for you to have kept in Guiana, than to have been so well acquainted with the state of Spain. Besides, if you could have brought Spain and Scotland to have joined, you might have hoped to prevail a great deal the better. For his six Overthrows, I answer, he hath the more malice, because repulses breed desire of revenge. Then you say you never talked with Cobham, but about leases, and letting lands, and ordering his house; I never knew you Clerk of the Kitchen, etc. If you had fallen on your knees at first and confessed the Treason, it had been better for you. You say, He meant to have given me a Cabinet of 30; perhaps he thought by those means to have antic.i.p.ated me therewith. But you say all these are Circ.u.mstances: I answer, all this Accusation in Circ.u.mstance is true. Here now I might appeal to my lords, that you take hold of this, that he subscribed not to the Accusation.
LORD HENRY HOWARD--Cobham was not then pressed to subscribe.
ATTORNEY--His Accusation being testified by the lords, is 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. 3rd, that there must be two sufficient Witnesses, that must be brought face to face before the accused; and alledgeth 12 and 13 Elizabeth.
RALEIGH--You try me by the Spanish Inquisition, if you proceed only by the Circ.u.mstances, without two Witnesses.
ATTORNEY--This is a treasonable speech.
RALEIGH--_Evertere Hominem justum in causa sua injustum est._ Good my lords, let it be proved, either by the laws of the land, or the laws of G.o.d, that there ought not to be two Witnesses appointed; yet I will not stand to defend this point in law, if the king will have it so: it is no rare thing for a man to be falsely accused. A Judge condemned a woman in Sarum for killing her husband, on the testimony of one Witness; afterwards his man confessed the Murder, when she was executed; who after being touched in conscience for the Judgment was used to say: _Quod nunquam de hoc facto animam in vita sua purgaret_. It is also commanded by the Scripture; _Allocutus est Jehova Mosen, in Ore duorum aut trium Testium_, etc. If Christ requireth it, as it appeareth Matt. xviii.; if by the Canon, Civil Law, and G.o.d"s Word, it be required, that there must be two Witnesses at the least, bear with me if I desire one. I would not desire to live, if I were privy to Cobham"s proceedings. I have been a slave, a villain, a fool, if I had endeavoured to set up Arabella, and refused so gracious a lord and sovereign. But urge your proofs.
LORD CHIEF-JUSTICE--You have offered Questions on diverse Statutes, all which mention two accusers in case of Indictments: you have deceived yourself, for the laws of 25 Edw. 3rd and 5 Edw. 6th are repealed. It sufficeth now if there be proofs made either under hand, or by testimony of Witnesses, or by oaths; it needs not the Subscription of the party, so there be hands of credible men to testify the Examination.
RALEIGH--It may be an error in me; and if those laws be repealed, yet I hope the equity of them remains still; but if you affirm it, it must be a law to posterity. The Proof of the Common Law is by witness and jury: let Cobham be here, let him speak it. Call my accuser before my face, and I have done.
ATTORNEY--_Scientia sceleris est mera ignorantia._ You have read the letter of the law, but understand it not. Here was your anchor-hold, and your rendezvous: you trust to Cobham, either Cobham must accuse you, or n.o.body; if he did, then it would not hurt you, because he is but one Witness; if he did not, then you are safe.
RALEIGH--If ever I read a word of the law or statutes before I was Prisoner in the Tower, G.o.d confound me.
The Attorney-General then points out that Cobham confessed that he had a pa.s.sport to travel, by means of which he intended to go to the Archduke, and then to the King of Spain to raise money, after which Raleigh confessed that he was to have joined him in Jersey on his way home.
Cobham had further stated that nothing could be settled as to the distribution of the money they were to receive without Raleigh"s concurrence. In reply, Raleigh pointed out that all this depended on Cobham"s accusation, which he had never signed or vouched. "I beseech you, my lords, let Cobham be sent for, charge him on his soul, on his allegiance to the King; if he affirm it, I am guilty."
LORD CECIL--It is the Accusation of my lord Cobham, it is the Evidence against you: must it not be of force without his subscription? I desire to be resolved by the Judges whether by the law it is not a forcible argument of evidence.
JUDGES--My lord, it is.
RALEIGH--The king at his coronation is sworn _In omnibus Judiciis suis aequitatem, non rigorem legis, observare_. By the rigour and cruelty of the law it may be a forcible evidence.
LORD CHIEF-JUSTICE--That is not the rigour of the law, but the justice of the law; else when a man hath made a plain Accusation, by practice he might be brought to retract it again.
RALEIGH--Oh my lord, you may use equity.
LORD CHIEF-JUSTICE--That is from the king; you are to have justice from us.
LORD ANDERSON--The law is, if the matter be proved to the jury, they must find you guilty; for Cobham"s Accusation is not only against you, there are other things sufficient.
LORD CECIL--Now that sir Walter Raleigh is satisfied, that Cobham"s Subscription is not necessary, I pray you, Mr.
Attorney, go on.
RALEIGH--Good Mr. Attorney, be patient, and give me leave.
LORD CECIL--An unnecessary patience is a hindrance; let him go on with his proofs, and then repel them.
RALEIGH--I would answer particularly.
LORD CECIL--If you would have a table and pen and ink, you shall.
Then paper and ink was given him. Here the Clerk of the Crown read the Letter, which the lord Cobham did write in July, which was to the effect of his former Examination; further saying, "I have disclosed all: to accuse any one falsely, were to burden my own conscience."
ATTORNEY--Read Copley"s Confession the 8th of June; He saith, He was offered 1000 crowns to be in this action.
Here Watson"s Additions were read. "The great ma.s.s of Money from the count was impossible," etc.
Brook"s Confession read. "There have Letters pa.s.sed," saith he, "between Cobham and Aremberg, for a great sum of money to a.s.sist a second action, for the surprizing of his majesty."
ATTORNEY--It is not possible it was of pa.s.sion: for it was in talk before three men, being severally examined, who agreed in the sum to be bestowed on discontented persons; That Grey should have 12,000 crowns, and Raleigh should have 8,000, or 10,000 crowns.
_Cobham"s Examination, July 18._
If the money might be procured (saith he) then a man may give pensions. Being asked if a pension should not be given to his brother Brook, he denied it not.
_Lawrency"s Examination._
Within five days after Aremberg arrived, Cobham resorted unto him. That night that Cobham went to Aremberg with Lawrency, Raleigh supped with him.
ATTORNEY--Raleigh must have his part of the Money, therefore he is now a traitor. The crown shall never stand one year on the head of the king (my master) if a traitor may not be condemned by Circ.u.mstances: for if A tells B and B tells C and C D, etc., you shall never prove treason by two Witnesses.
_Raleigh"s Examination was read._
He confesseth Cobham offered him 8,000 crowns, which he was to have for the furtherance of the peace between England and Spain, and that he should have it within three days. To which he said, he gave this answer; When I see the Money, I will tell you more: for I had thought it had been one of his ordinary idle conceits, and therefore made no Account thereof.
RALEIGH--The Attorney hath made a long narration of Copley, and the Priests, which concerns me nothing, neither know I how Cobham was altered. For he told me if I would agree to further the Peace, he would get me 8,000 crowns. I asked him, Who shall have the rest of the money? He said, I will offer such a n.o.bleman (who was not named) some of the Money. I said, He will not be persuaded by you, and he will extremely hate you for such a motion. Let me be pinched to death with hot irons, if ever I knew there was any intention to bestow the money on discontented persons. I had made a discourse against the peace, and would have printed it; if Cobham changed his mind, if the Priests, if Brook had any such intent, what is that to me? They must answer for it. He offered me the Money before Aremberg came, that is difference of time.
SERJ. PHILIPS--Raleigh confesseth the matter, but avoideth it by distinguishing of times. You said, it was offered you before the coming of Aremberg, which is false. For you being examined whether you should have such money of Cobham, or not, you said, Yea, and that you should have it within two or three days. _Nemo moriturus praesumitur mentiri._
LORD HENRY HOWARD--Alledge me any ground or cause, wherefore you gave ear to my lord Cobham for receiving pensions, in matters you had not to deal with.
RALEIGH--Could I stop my lord Cobham"s mouth?
LORD CECIL--Sir Walter Raleigh presseth, that my lord Cobham should be brought face to face. If he asks things of favour and grace, they must come only from him that can give them. If we sit here as commissioners, how shall we be satisfied whether he ought to be brought, unless we hear the Judges speak?
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--The Statute you speak of concerning two Witnesses in case of Treason, is found to be inconvenient, therefore by another law it was taken away.
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.[16]
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 G.o.d forbid), and this man be met coming with his sword all b.l.o.o.d.y; 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.
LORD CHIEF-JUSTICE--Nay, we do not conceive the Law, but we know the Law.