Directly that Lord Cecil had finished, Sir Edward Coke, the King's
Attorney, continued his accusation, trying to turn Ralegh's great
outburst about the state of Spain to Ralegh's disadvantage, trying to
prove it only another instance of his treachery. "Methinks it would have
been better for you to have stayed in Guiana than to be so well
acquainted with the state of Spain. As to the six overthrows of the King
of Spain, I answer 'he hath the more malice' because repulses breed
desire of revenge. As for you writing against the Peace with Spain, you
sought but to cloak a Spanish traitor's heart," and more to the same
effect.
When he had finished Ralegh rose to make his last claim on justice. "My
lords," he said, "I claim to have my accuser brought here to speak face
to face. Though I know not how to make my best defence by law, yet,
since I was a prisoner, I have learned that by the Law and Statutes of
this realm in case of treason a man ought to be convicted by the
testimony of two witnesses. I will not take upon me to defend the matter
upon the Statute of the twenty-fifth of Edward the Third, though that
requires an overt act. But remember I beseech your Lordships, the
Statute of the first of Edward the Sixth which saith: 'No man shall be
condemned of treason, unless he be accused by two lawful accusers.' And
by the Statute of the fifth and sixth of Edward the Sixth, those
accusers must be brought in person before the party accused, at his
arraignment if living!" He continued to instance other laws; he pointed
out that Cobham was not only living but in the same town, in the same
palace. He called to mind the case of Fortescue, who had condemned a
woman to death on the witness of one man for the murder of her husband,
and who could never forgive himself for the injustice when the servant
of the man confessed at length to the murder. He drew instances from the
Bible, and the Canon of God, and concluded with this appeal for
justice: "If then by the Statute Law, by the Civil Law and by God's
Word, it be required that there be two witnesses, at the least, bear
with me if I desire one. Prove me guilty of these things by one witness
only, and I will confess the Indictment, I stand not upon the niceties
of the law. If I have done these things I deserve not to live; whether
they be treasons by the law or no. I beseech you then, my Lords, let
Cobham be sent for. Let him be charged upon his soul, upon his
allegiance to the King; and if he will then maintain his accusation to
my face, I will confess myself guilty." The Court were at first taken
aback by this unexpected knowledge of the law, but not for long. The
Lord Chief Justice Popham, who played the strange triple part of
assistant in the examination, of witness for the prosecution, and of
presiding judge, explained that such a course was quite out of the
question. "The statutes you speak of in cases of treason were found to
be inconvenient and were taken away by another law. Those of Edward the
Public-domain text, read in full here on John Shaqi.
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