1654. GEORGE FOX THE QUAKER "_Journal of George Fox_" 115
1657. KILLING NO MURDER _Harleian Miscellany_ 118
CHARACTER OF CROMWELL "_Warwick's Memoirs_" 119
=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.