COKE AND RALEIGH (1603).

=Source.=--_State Trials._ Vol. ii., p. 25.

_Serjeant Philips._ I hope to make this so clear, as that the wit

of man shall have no colour to answer it. The matter is Treason in

the highest degree, the end to deprive the king of his crown. The

particular Treasons are these: first to raise up Rebellion, and to

effect that, to procure Money; to raise up Tumults in Scotland, by

divulging a treasonable Book against the king's right to the crown;

the purpose, to take away the life of his majesty and his issue.

My lord Cobham confesseth sir Walter to be guilty of all these

Treasons. The question is, whether he be guilty as joining with

him, or instigating of him? The course to prove this, was by lord

Cobham's Accusation. If that be true, he is guilty; if not, he is

clear. So whether Cobham say true, or Raleigh, that is the question.

Raleigh hath no answer but the shadow of as much wit, as the wit of

man can devise. He useth his bare denial; the denial of a Defendant

must not move the Jury. In the Star Chamber, or in the Chancery, for

matter of Title, if the Defendant be called in question, his denial

on his oath is no Evidence to the Court to clear him; he doth it in

_propria causa_; therefore much less in matters of Treason. Cobham's

testification against him before them, and since, hath been largely

discoursed.

_Raleigh._ If truth be constant and constancy be in truth, why hath

he forsworn that that he hath said? You have not proved any one thing

against me by direct Proofs, but all by circumstances.

_Coke (Attorney-General)._ Have you done? The king must have the last.

_Raleigh._ Nay, Mr. Attorney, he which speaketh for his life, must

speak last. False repetitions and mistakings must not mar my cause.

You should speak _secundum allegata et probata_. I appeal to God and

the king in this point, whether Cobham's Accusation be sufficient to

condemn me.

_Coke._ The king's safety and your clearing cannot agree. I protest

before God, I never knew a clearer Treason.

_Raleigh._ I never had intelligence with Cobham since I came to the

Tower.

_Coke._ Go to, I will lay thee upon thy back, for the confidentest

Traitor that ever came at a bar. Why should you take 8,000 crowns for

a peace?

_Lord Cecil._ Be not so impatient, good Mr. Attorney, give him leave

to speak.

_Coke._ If I may not be patiently heard, you will encourage Traitors,

and discourage us. I am the king's sworn servant, and must speak; If

he be guilty, he is a Traitor; if not, deliver him.

[_Note._--Here Mr. Attorney sat down in a chafe, and would speak no

more, until the Commissioners urged and intreated him. After much

ado, he went on, and made a long repetition of all the Evidence, for

the direction of the Jury; and at the repeating of some things, sir

Walter Raleigh interrupted him, and said, he did him wrong.]

_Coke._ Thou art the most vile and execrable Traitor that ever lived.

_Raleigh._ You speak indiscreetly, barbarously and uncivilly.

_Coke._ I want words sufficient to express thy viperous Treasons.

_Raleigh._ I think you want words indeed, for you have spoken one

thing half a dozen times.

_Coke._ Thou art an odious fellow, thy name is hateful to all the

realm of England for thy pride.

_Raleigh._ It will go near to prove a measuring cast between you and

me, Mr. Attorney.

_Coke._ Well, I will now make it appear to the world, that there

never lived a viler viper upon the face of the earth than thou....

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