Sir Walter Ralegh: A BiographyStebbing, W. (William)
History
Sir Walter Ralegh: A Biography
Stebbing, W. (William)
Biography; Raleigh, Walter, Sir, 1552?-1618
The trial pursued its course. Popham laid it down that 1 Edw. VI. c. 12,
was repealed by 1 and 2 Phil. and Mary. Mr. Justice Gawdy corroborated
this, uttering the solitary judicial dictum recorded of him, that 'the
statute of Edward had been found inconvenient, and had therefore been
repealed.' The provision cited by Ralegh from Philip and Mary's
repealing statute, Popham ruled, applied solely to the specific treasons
it mentioned. The Act ordained that the trial of treasons in general
should follow common law procedure, as before the reign of Edward VI.
But by common law one witness was sufficient. The confession of
confederates was full proof, even though not subscribed, if it were
attested by credible witnesses. Indeed, remarked Popham, echoing Coke,
'of all other proofs the accusation of one, who by his confession first
accuseth himself, is the strongest. It hath the force of a verdict of
twelve men.' Coke himself later, when, as Mr. Justice Michael Foster
expresses it, 'his disgrace at Court had given him leisure for cool
reflection,' intimated in his _Institutes_ that the statute of Edward
the Sixth had not been repealed, and that the obligation, as specified
by it, to produce two witnesses to charges of treason remained in force.
That was not the view of Elizabethan Judges. At the trial of the Duke of
Norfolk it was laid down that the necessity no longer existed. In
fairness it must be admitted that Popham and his brethren were bound to
assume the law had then been correctly stated. They were equally bound
by a series of precedents to allow written depositions to be treated as
valid testimony. Only by the assent of counsel for the Crown was the
oral examination of witnesses permitted. Ralegh did not struggle against
the ruling. He could but plead, 'though, by the rigour and severity of
the law, this may be sufficient evidence without producing the witness,
yet, your Lordships, as ministers of the King, are bound to administer
the law in equity.' 'No,' replied Popham: 'equity must proceed from the
King; you can have only justice from us.' Coke triumphantly exclaimed:
'This dilemma of yours about two witnesses led you into treason.'
Cobham's letter of July 29 to the Council about the money asked of
Arenberg was read. In it occurred the expression: 'We did expect the
general discontentment.' Coke's comment was: 'The peace pretended by Sir
Walter Ralegh is merely jargon; for it is clear the money was for
discontented persons. Now Ralegh was to have part of the money;
therefore, he was a discontented person, and, therefore, a traitor.'
That was the logic thought good enough at a trial for treason. So, to
Ralegh's indignant remonstrance at the use of the evidence of 'hellish
spiders,' like Clarke and Watson, concerning 'the King and his cubs' as
evidence against him, Coke answered: 'Thou hast a Spanish heart, and
thyself art a spider of hell; for thou confessest the King to be a most
Public-domain text, read in full here on John Shaqi.
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