e, 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:
_Haec 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