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 anticipated me therewith. But you say all these are Circumstances: I answer, all this Accusation in Circumstance 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 Circumstances, 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 God, 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 God'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 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.