To every man his due; That certain feeling
A lion was kept in the Tower of London in years following 16:3 a female lion which was appropriate considering that the tour also contained an accomplished courtier of Queens. They were a top himself and they allow him to that coming to see the lion as people looked at the man a prisoner who paced the battlements close by traitors gate above the sighing Thames a poit give me my scallop shell of quite. My staff of faith to walk upon my scrip of joy my salvation. My gown of glory hopes to gain and thus I'll take my pill. A prideful figure even before God before man was a man of dash and flashing sword a swashbuckler as worldly wise a bundle of flesh as ever filled in Elizabeth and stocky seafaring man soldier
historian wit to share a table at the Mermaid with Ben Johnson or John Donne but never with Will Shakespeare who would cross over bread speed to avoid encounter with this gentleman. But that of course was before from thence to heaven where no corrupted no conscience smote an indigo accuser deferred. Vain spent. For that Christ is the king's it to any degree. And he had St. Joe's. It was a sullied justice that brought him here. The king's attorney general I have had was surprised to have surprised and regretful I should hope. He said that his jurors have come to beg his forgiveness. The people coming to the tower to see the lion talked spun tales
about the man turned soft faces toward him. But as for him in captivity the same as in freedom he walked above the people smoking a famous pipe in the high born disdain dogs he was inclined to call them dogs keeping God's mercy upon him. Putting it was a man brought to cage by the will of one lion the ruddy lion on a field of gold who occupied the throne and by the work of another a lion of the law. Here was a man who had been forced to stand before lands without a weapon to his name. Fair sport for Romans perhaps but thought the people should it happen to an Englishman. Nay it should not happen to a dog. And that is why there would be only size where there might have been jubilation when in time the proud head was held aloft for the last time by a
headsman. To every man his due end a series of radio programs about the principles of justice. To every man his due was produced by radio station WAGA University of Wisconsin under a grant from the National Educational Television Radio Center in cooperation with the National Association of educational broadcast. Knowing that certain feeling. There is a certain feeling which has been a moving force in the evolution of Justice under Anglo-American law. A feeling experienced by the many for the lone individual caught crosswise in the law. It's neither love nor compassion. And they
love the individual and still experience this feeling. Nor is it empathy. A person accused or even convicted of a crime so heinous that you could not possibly imagine yourself in his shoes may nonetheless evoke this feeling in you. It's a feeling which says that not even a bully shall be bullied nor a murderer murdered. Not by individuals and not by the state. A person accused of a crime is a person involved in an unequal contest. He is one man and the whole state is against him. He's a small child on a seesaw with a grown man. He's in a fine position for being bullied and bullied he is under some systems of justice and has been in the history of our own system. The history of Anglo-American law however shows a steady movement in the direction of equalizing the contest imposing restraints upon the state and extending compensatory rights and privileges to the defendant.
An impetus behind that movement has been that certain feeling that sickening at the spectacle of a man against lions. Such a spectacle was one staged in England the year was 16 3. Wonderful Yeah. 16:3 so Decker dubbed it though one wonders where the wonder was in March of that year. Queen Elizabeth died Long live the king. Oh oh oh oh may I. That was. The call was that S.. Was up. That was what.
JAMES STEWART The ruddy lion on the field of gold in April rode down from Scotland appalling the countryside which had to feed him and his entourage chilling most who rode out from London to greet him and to court his favor as was the custom among them. Elizabeth is captain of the guard Sir Walter Raleigh to whom James said. On my soul none we have heard Raleigh of a. Somewhat alarming tales preceded James for example the tale of a purse lecture caught following the royal cavalcade. I hear our new King had hanged one man before he was tried. Strange they done. Now if the wind blew at the US why may not a man be tried before yet offended with the king's arrival came warm weather and hot intrigue. The latter being usual with the accession of a new monarch to plots were uncovered. The main and the by treacherous plots to unseat James and bring about this honorable peace with Spain. Before James was crowned the
accused traitors were in prison. Treason does never prosper. What's the reason. Why if it prosper none dare call it treason. Rats also contributed to the grim wonder of 16:3 the plague carried off some 2000 Londoners each month during the summer and the epidemic continued into the fall and then it was November or November. A coach rose out of London through streets which should have been deserted considering the epidemic but plague or no plague. People throng the streets angry people peddling the coachmen stones mug tobacco players especially black and blacks not to mention invective. Not that I know. And God knows he likes cmon man a paedo mug is in the U.S. that will eat me all up to eat. This was the coach of one of those accused of treason being transported to Winchester 60 miles and
five days away for trial. In every town and hamlet along the way London's accolade would be repeated. It was hob nob whether he would escape alive through such multitudes of unruly people as did exclaim against this from the accused man's feet. If one have brained fellow amongst them have begun to set upon him as they wanted to do it knowing the law means could have prevailed. The fury and tumult of the people was so great and part of the man tossed. In a sea of hatred for his it it's calm but dull. Still above. That. He was the accused man in the coach. He would soon be the convicted man in the top. It was not the treason of which he was accused that produced his unpopularity. He'd spent a brilliant lifetime. He was now 51 making himself a popular villain. His
unconcealed contempt for people at large had earned him this distinction. Also he was generally blamed for bringing about the execution of the people's Idol the Earl of Essex. Whatever the ghost of Essex may have been doing the living certainly were crying vengeance upon the head of Sir Walter. That vengeance so every one's head would prove bitter and many would wish the cup had held justice instead. Yes I have a quote. The clerk will read the indictment. That Sir Walter Raleigh did comes fine I'm going out to drive the kid. All these government will raise up sedition within the realm to alter our religion to bring in the Roman superstition and to procure all foreign enemies to invade the kingdom whatsapp you all sell well there ole Well you guilty all not guilty as you stand indicted not guilty.
November 17 16 3 in the ancient castle of Winchester. The trial of Sir Walter Raleigh November 17th until this year for more than 40 years England and celebrated this day as Queen Elizabeth's accession day. Now the last of the great Elizabethan stood in the prisoner's dock on trial for his life. Now five thousand feet down. Trade time for this is the attorney general no less a lion of the law then Sir Edward Cook himself whose conduct in this trial would leave his admirers apologizing for him even into the 20th century. If I want to mum stuff. Asked an English face but are Spanish hot. I will prove that you don't write those paper in all English. No no Mr. Attorney I am no traitor. This is Raleigh. Whether I live or die I shall stand as true a subject as any the king that. You may call me traitor I thought Plato. Yet it becomes not a man of quality and virtue to do so but I take comfort in it. It is all you can do.
But I do not yet hear that you charge me with an entreaty that I will prove you to be the most notorious pray tell that ever came to the job. I will charge you with the word. Gentlemen I must interpose. This is Lord Chief Justice papa formerly by avocation a highwayman one of 11 men occupying the bench four of them professionals the rest laymen at least one of the latter being the open enemy of Sir Walter Raleigh. Mr. Attorney speaks out of his duty for the service of the king and you for your life. Be patient on both sides. Ah yes the king the ruddy land not physically present in this courtroom he dominated all the laymen on the bench owed their present eminence to the favor of James first. All the judges and Mr. Attorney were dependent upon his continuing favor the King's will was much in evidence. There was good reason to believe that James might wish to be rid of Raleigh. There was Essex regarded by James as his own loyal servant in Elizabeth's court. And here was really blame for his
execution. More importantly Well he was known to favor continued hostility toward Spain while James was a peace at any price man. This was irony. So Walter Raleigh who had many times demonstrated his hatred of Spain who walked with a cane because of an injury incurred fighting against Spain. So Walter Raleigh now accused of conspiring to bring England under Spain's heel. I was not so wanting in sense but I saw that the state was never stronger than it was now. I knew the state of space rights had I served against Spain myself and see where in for my country's sake I had expended up my own properties for a thousand pounds. I knew the state of Spain where. His weakness and poorness and humbleness at this time. I knew that we had before time he was want to have 40 great sales at the least in his parts. Now he had not passed six or seven. And for sending to his Indies he was driven to hire a strange vessel. I knew that of five and twenty millions he had from
the Indies. He had scarce ne let. NE I knew his partners at this time to be such that the Jesuits his aims my fame to beg at the church Dawes. His pride so abated he was glad to congratulate the King my master on his accession and now come creeping unto him for peace and to show I was not spend it as you term me Mr. Attorney. I had written at this time a treatise to the King's Majesty of the present state of Spain and reasons against the peace. So spoke a lone man in the prisoner's dock fighting for his life. He fought valiantly with dignity and with brilliance. Never any man speak so well in times past reported a spectator. Nor would do in the world to come. But Sir Walter Raleigh fought alone. He was one and many were against him. No defense counsel stood beside him. No witnesses came forward in his behalf. He was all alone on his end of the seesaw. His defense was built along two
principal lines one that it was inconceivable that he of all men in this of all times should wish to bring England into peace with Spain. The second line of defense My Lords I claim to have my accuser brought here face to face to speak wrongly stood accused by Lord Henry Cobb I'm now awaiting trial. A confessed party to this plot. If my lord be a traitor What is that to me. How spider of Hell of all that he did was my father has thus contended against me. Then let him be brought here that I may face him years of poverty and may not come. The law is against it. It is a toy to tell me of the law. I defy such laws. I stand on fact. By your favor Mullard the trial of fact at the common law is by jury and witnesses. There is mention but one witness against me and you do not bring him forth to confront me. If you proceed to condemn me by base inferences without an oath without a subscription without
witnesses upon a paper accusation you try me by the Spanish Inquisition. Syr Edward Cooke of the comparison was itself a treasonable. The tide turned early in the trial Cook's bullying did not set well with the spectators. The prosecution's evidence were not totally irrelevant because of the HE SAID SHE SAID THAT THEY SAID variety hearsay evidence. Then too there was a man whose sworn statement made out of court was the only solid evidence against Roy. What sort of man was this cop I'm weak wishy washy man. After making the statement upon which the prosecution based its case he had rejected it and then he had rejected the retraction. Even as a cook flaunted the original statement under the defendant's nose Rowley himself had in hand a note from Cobb M which would be read to the court.
You shall see how many throws had it in law say under his own head. To clear my conscience satisfy the world with truth and free myself from the cry of blood. I protest upon my soul and before God and His angels. I never had conference with you and a treason no was ever moved by you to the things I had upon accused you of and for anything I know you are as innocent and as clear from any treason against the king as as any subject living silence in this court. You gentlemen of the joy for all that is said to the contrary you see my only accuser is the law of karma who with tears hath lamented his faults accusing. I will not expect anything of you but what reason religion and conscience ask for every man. Remember what Saint Augusten said.
So Judge as if you were about to be judged yourself. But in the end there is but one judge and one tribunal for all men. Now if you yourselves would like to be hazarded in your lives this abled and your posterity is your lens goods and all you have confiscated your wives children and servants left crying to the world. If you should be content. All this should befall you upon a trial by suspicions and presumptions upon an accusation not subscribed by your accuser without the open testimony of a single witness and then so judge me as you would yourselves be judged. After the cross summed up the case. Mr. Attorney Have you done. Yes if you have no more to say. If you have done then I have somewhat more to say. Nay I will have a last word for the king Nay I will have the last word for my life. Go to My Will lady upon my back for the confident a stranger that ever came to
the pot the most violent. What ever lived you speak indiscreetly barbarously and uncivilly. I want words sufficient to express life I first create something I think you want words indeed for you have spoken one thing half a dozen times I want to know the fellow. My name is hateful to all the realm of England for my plight. I will show you to be the greatest traitor the devil was and to discover you were Raleigh and all your metier valiant tricks. Here what the Lord call them have to return the compliment I am the Attorney-General's trump card. Another correspondence from carbon dated later than that which wrongly held which I will read with a loud voice though I be not able to speak. This my doctor. Salto brought me four nights before my coming from the whole celebrity coast in an apple to be thrown into my chamber window does I really meet all sat down on my hands and acknowledge what I have wronged him. I wrote a letter as he desired. I since
thought how we went about only to clear himself by betraying me when I called him I have resolved to set down the truth. I got my hand to retract what he cunningly got from be craving your humble part of obvious majesty and go on board ship for my degree. If the Great King and Country fight. The attorney general had the last word. Raleigh was taken by surprise unable to make strong comeback the 12 nights from Middlesex retired and the court waited when the grand 12 million journey of sin and sin. Black. Christ pleads his day. And then we live. The speaker
undoubtedly true. And even. Not with us. So well the rally. Sorry to see this falling upon you this day. The jury had deliberated like 15 minutes. Now the LORD CHIEF-JUSTICE notorious for passing grisly sentences especially upon highwaymen. I was about to deliver Raleigh's First however he must deliver himself of a belated thought for it now comes to my mind why you may not have your accuser brought face to face for such an one is easily brought to retract. When you see if there is no hope of his own life the reason behind the opinion on which the whole trial had turned given no just before putting on the black cap. But then it was a curious trial. So Walter always since you have been found guilty of these horrible treasons
they judgment of this court is. That you should be had from hence to the place whence you came and that to remain on the day of execution and from thence it shall be drawn upon a hurdle through the open streets to the place of execution. They're to be hanged. And cut down alive and your body shall be opened. Your heart and soul is plucked out and your privy member cut off and be thrown into the fire before you are. And you know I had to be stricken from your body. And your body shall be divided into four. To be disposed of at the king's pleasure. God have mercy upon us. Revulsion revulsion swept England we're told in the wake of Raleigh's trial. A certain feeling was everywhere evident a feeling that injustice had been done.
But how could that be so water had been tried as had countless others before him by procedures of which England was proud. A speedy and public trial a jury of 12 good men and through a trial by accusation not Inquisition. And he the defendant was permitted to speak at length in his own defense. What had been missing. Why this curious feeling the proud English law had dealt out in justice. They do say it was evident from the moment the trial opened that all upon the bench regarded so well to his guilt nothing unusual in that the king's evidence was then then for some time to come the particular business of judges there is to protect and bolster and bring forward. It's probably safe to say that Raleigh would never have been brought to trial at all had the justices to a man not been convinced beforehand of his guilt. No hot a jury can be that I Middlesex jury. King James I have heard did say he prayed with the never to be judged by a Middlesex Giora no matter any jury would have done the same knowing what was
expected. There was more than one precedent for that. Juries were often punished for bringing in an undesired verdict. It was accepted practice just as it was customary for judges to leave no doubt about the verdict desired I think said Redwood would die for shame. So Edward Cooke had a job to do and did it as he thought he should do it. So Walter did appear so pitiably alone. Defense counsel was not allowed in felony cases. It was against the law. Witnesses for the defense. It was treason to associate with traitors who would come forward. The strange fact is the trial of Sir Walter Raleigh was more legal than not it met the law's general requirements. It was there by the standards of the day in spirit. It was grossly unjust but strictly speaking it was within the law. And yet the people were left with that feeling. And it should not happen to a dog.
You might say that with the trial of Sir Walter Raleigh the English sense of justice leaped ahead of the existing system of justice. The system offered little to equalize the contest between defendant and state. The sense saw that this bred in justice the system would be a long time catching up with the sentence. Not until 16 70 and bushels case would the independence of juries in deciding the facts be established right to counsel in felony cases would be extended in the American colonies long before it was made official in England. Although parliament would soon make it obbligato Aryan cases of treason accused traitors too often coming from Parliament's own members. And near the end of the seventeenth century a rule that might have saved Sir Walter Raleigh would come to the aid of all defendants. The rule excluding hearsay evidence the most famous and characteristic of all the rules of the English law of evidence equally characteristic of American law. What it
comes to is this in our courts all testimony must be given in court where the defendant must be present and the witness giving the testimony may be cross-examined. The state may not use a witness without submitting him to cross-examination. The only exception to this being dying declaration an exception which arises from the necessity of the case tried in our own times Sir Walter Raleigh would have had the right to confront his accuser and what a difference that might have made. It might also have made a difference said he like all defendants in our courts been entitled to use the power of the state itself to compel witnesses to appear in his own behalf. The defendants end of the seesaw under Anglo-American law as it now prevails is weighted with numerous rights privileges rules all intended to equalize the contest all based in the belief that justice cannot otherwise result as important as any of these equalizing elements however is that feeling in people
at large a feeling which produced the equalizing factors and which protects them. Not that that certain feeling did much to help Sir Walter Raleigh. It altered his countryman's opinion of him. Never was a man so hated and so popular in so short a time that softened opinion served to soften up King James a bit too who after all had to give some thought to politics. But in the end his mortal fate accorded with the ruddy Lions will 15 years after his trial and under its authority Sir Walter had his moment on the scaffold. This is shock medicine said he examining the axe while the nonplussed headsman tried to pull himself together. But it is a sure cure for all diseases. That was not the end for generations to come. Jurists historians people at large would study the record of his trial for treason
feeling he had suffered injustice wondering haha and why vowing it must not happen again. Because of that feeling the world would be a long time hearing the last of the last Elizabethan even such as TIDE. That takes in trust. Oh you our joy are all we have. And paces but with. Dust. In the dark and silent grave when we have wandered all our ways. The story of our days. But from this earth this grave this dust my God shall raise me up. I trust. To every man his due is produced by radio station WAGA of the University of Wisconsin under a grant from the National Educational Television and Radio Center and distributed by the National Association of educational broadcasters
- To every man his due
- That certain feeling
- Producing Organization
- National Association of Educational Broadcasters
- WHA (Radio station : Madison, Wis.)
- Contributing Organization
- University of Maryland (College Park, Maryland)
- AAPB ID
- Episode Description
- That Certain Feeling: Weights in the Scales of Justice
- Other Description
- Dramatic-narrative series on principles of justice under the American system of law, particularly the rights of defendants.
- Media type
Advisor: Fellman, David, 1907-2003
Music Director: Voegeli, Don
Producing Organization: National Association of Educational Broadcasters
Producing Organization: WHA (Radio station : Madison, Wis.)
Production Manager: Schmidt, Karl
Writer: Carlson, Elizabeth
- AAPB Contributor Holdings
University of Maryland
Identifier: 62-17-9 (National Association of Educational Broadcasters)
Format: 1/4 inch audio tape
If you have a copy of this asset and would like us to add it to our catalog, please contact us.
- Chicago: “To every man his due; That certain feeling,” 1961-10-16, University of Maryland, American Archive of Public Broadcasting (GBH and the Library of Congress), Boston, MA and Washington, DC, accessed January 24, 2022, http://americanarchive.org/catalog/cpb-aacip-500-6d5pd69s.
- MLA: “To every man his due; That certain feeling.” 1961-10-16. University of Maryland, American Archive of Public Broadcasting (GBH and the Library of Congress), Boston, MA and Washington, DC. Web. January 24, 2022. <http://americanarchive.org/catalog/cpb-aacip-500-6d5pd69s>.
- APA: To every man his due; That certain feeling. Boston, MA: University of Maryland, American Archive of Public Broadcasting (GBH and the Library of Congress), Boston, MA and Washington, DC. Retrieved from http://americanarchive.org/catalog/cpb-aacip-500-6d5pd69s