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....