State Trials, Political and Social. Volume 1 (of 2) — John Shaqi
State Trials, Political and Social. Volume 1 (of 2)
History
State Trials, Political and Social. Volume 1 (of 2)
Trials -- Great Britain
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Edw. 6th are repealed.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repealed, yet I hope the equity of them remains still; but if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.
Public-domain text, read in full here on John Shaqi.
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