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 God forbid), and this man be met coming with his sword all bloody; 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.
Raleigh—The wisdom of the law of God is absolute and perfect: Hæc fac et vives, etc. But now by the Wisdom of the State, the Wisdom of the Law is uncertain. Indeed, where the Accuser is not to be had conveniently, I agree with you; but here my Accuser may; he is alive, and in the house. Susanna had been condemned, if Daniel had not cried out, 'Will you condemn an innocent Israelite, without examination or knowledge of the truth?' Remember it is absolutely the Commandment of God: If a false witness rise up you shall cause him to be brought before the Judges; if he be found false, he shall have the punishment which the accused should have had. It is very sure for my lord to accuse me is my certain danger, and it may be a means to excuse himself.
Lord Chief-Justice—There must not such a gap be opened for the destruction of the king, as would be if we should grant this. You plead hard for yourself, but the laws plead as hard for the king. I did never hear that course to be taken in a case of Treason, as to write one to another, or speak one to another, during the time of their imprisonment. There hath been intelligence between you; and what under-hand practices there may be, I know not. If the circumstances agree not with the Evidence, we will not condemn you.