o 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.
ATTORNEY--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 is
sufficient to condemn me.
ATTORNEY--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.
ATTORNEY--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.
ATTORNEY--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.)
ATTORNEY--Thou art the most vile and execrable traitor that ever
lived.
RALEIGH--You speak indiscreetly, barbarously, and uncivilly.
ATTORNEY--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.
ATTORNEY--Thou art an odiou
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