Sixth are general, but were repealed by the first and second of Philip
and Mary, which you have mentioned, which Statute goes only to the
treasons therein comprised, and also appoints the trial of treasons to
be as before it was at the Common Law. Now the twenty-fifth of Edward
the Third makes declaration what the Common Law was. All is now
therefore put to the Common Law. And by the Common Law one witness is
sufficient and the accusation of confederates or the confession of
others is full proof." And Mr. Justice Warburton went one further in
making this point strong for the prosecution; he added the personal
touch of insult, which is characteristic of the trial. "I marvel, Sir
Walter," he said, "that you, being of such experience and wit, should
stand on this point. For many horse-stealers should escape, if they may
not be condemned without witnesses. By law a man may be condemned upon
presumption and circumstances without any witness to the main fact. As,
if the King, whom God defend, should be slain in his chamber and one be
shown to have come forth of the chamber with his sword drawn and bloody.
Were not this evidence both in law and opinion, without further
inquisition?"
The point was discussed at some length, and then it became time again to
bring forward accusations of Cobham, which were accordingly read; this
time also depositions of Copley, Watson, and George Brooke were also
read to the effect that somebody had heard from somebody else how Cobham
and Ralegh stood for the Spanish faction. Again Ralegh pointed out that
this had nothing to do with his charge, and again asked, "Good, my
Lords, let my accuser come face to face and be deposed." But that was
not permitted.
_Coke._ "Now let us come to the words of destroying of the 'King and his
cubs.'"
_Ralegh._ "O barbarous! if they like unnatural vilains spoke such words,
shall I be charged with them? I will not hear it! I was never false to
the Crown of England. I have spent £40,000 of mine own against the
Spanish faction for the good of my country. Do you bring the words of
those hellish spiders Clarke, Watson, and others against me?"
_Coke._ "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."
The reading of Cobham's examination was continued, wherein Cobham said
he had a book "written against the title of the king which he had of
Ralegh, and that he gave it to his brother Brooke, and Ralegh said it
was foolishly written.
_Coke._ "After the king came within twelve miles of London, Cobham never
came to see him; and intended to travel without seeing the queen and the
prince. Now in this discontentment you gave him the book, and he gave it
his brother."
Public-domain text, read in full here on John Shaqi.
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