Part 5

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mention two accusers in case of Indictments: you have deceived yourself, for the laws of 25 Edw. 3rd and 5 Edw. 6th are repealed.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RALEIGH--It may be an error in me; and if those laws be repealed, yet I hope the equity of them remains still; but if you affirm it, it must be a law to posterity.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 nobody; 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, God confound me.

The Attorney-General then points out that Cobham confessed that he had a passport 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 æquitatem, 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 mass of Money from the count was impossible,' etc.

Brook's Confession read. 'There have Letters passed,' saith he, 'between Cobham and Aremberg, for a great sum of money to assist a second action, for the surprizing of his majesty.'

ATTORNEY--It is not possible it was of passion: 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 Circumstances: 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.