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considerate. He promised to let Ralegh, after the King's counsel should have produced all the evidence, answer particularly what he would. Hele opened. I cull a few flowers of his eloquence and logic: 'You have heard of Ralegh's bloody attempt to kill the King, in whom consists all our happiness, and the true use of the Gospel, and his royal children, poor babes that never gave offence. Since the Conquest there was never the like treason. But out of whose head came it? Out of Ralegh's. Cobham said to Brooke: "It will never be well in England till the King and his cubs are taken away." It appears that Cobham took Ralegh to be either a god or an idol. Bred in England, Cobham hath no experience abroad. But Ralegh is a man of great wit, military, and a swordsman. Now, whether these things were bred in a hollow tree, I leave to them to speak of who can speak far better than myself.' [Sidenote: _The Main, and the Bye._] He meant Sir Edward Coke, who then addressed the Court. He started gently: 'We carry a just mind, to condemn no man but upon plain evidence.' Thence he proceeded: 'Here is mischief, mischief _in summo gradu_, exorbitant mischief!' He first explained 'the treason of the Bye.' That was the alleged plot of Grey, Brooke, and Markham to surprise the King, and carry him to the Tower. Ralegh reminded the jury that he was not charged with the Bye. 'No,' retorted Coke, but 'all these treasons, though they consisted of several points, closed in together; like Samson's foxes, which were joined in the tails, though the heads were severed.' He anticipated the objection that the Crown had but one witness, Cobham. It had, he argued, more than two witnesses: 'When a man by his accusation of another shall by the same accusation also condemn himself, and make himself liable to the same punishment, this is by law more forcible than many witnesses, and is as the inquest of twelve men. For the law presumes that a man will not accuse himself in order to accuse another.' That is, Coke chose to confuse an argument for the sufficiency of a man's evidence of his own guilt with its cogency as evidence of another's. After this, he declaimed upon the horror of the treason in the present case. 'To take away the fox and his cubs! To whom, Sir Walter, did you bear malice? To the royal children?' Ralegh protested: 'What is the treason of Markham and the priests to me?' Coke burst forth: 'I will then come close to you. I will prove you to
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