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 tower also contained unaccomplished court year of Queens. Up there atop the wrong himself and still in him bless him. They allow him to that good coming to see the lion as people looked at the man a prisoner who paced the battlements close by traders gate above the sighing Thames appoint me my scallop shell of quiet. My status face to walk upon my scrip of joy immortal diet my bottle of salvation. My gown of glory hopes to pay. And I'll take my pick. A prideful figure even before God before man. Arrogant always a man of dash and flashing sword a swashbuckler as worldly wise a bundle of flesh is ever filled in Elizabeth and stocking seafaring man soldier
historian wit fit to share a table at the Mermaid with Ben Johnson or John Donne but never with Will Shakespeare who cross over Brad's great to avoid encounter with this gentleman. But that of course was before from thence to Heaven's bribe where no corrupted voices no conscience smote an indigo accusers bought in so deferred. A vain spent journey. For their Christ is the king's attorney. Who pleads for all without degrees and he has a job but not to feed. It was a solid 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 talk 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 God keeping God's mercy upon him. Pull the chain. It was a man brought to cage by the will of one lion the ruddy land on a field of gold who occupied the throng 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. Their support 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. Every man his due s series of radio programs about the principles of justice. To every man his due as produced by radio station WAGA at the University of Wisconsin under a grant from the National Educational Television Radio Center in collaboration with the National Association of educational broadcasters 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 when 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
and 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 Kong that thought. The calm that was that heart.
JAMES STEWART The ruddy lion on the field of gold in April rode down from Scotland appalling the countryside which had to feed him mend 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 and we have had Raleigh of the day. Somewhat alarming tales preceded James for example the tale of a purse slasher 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 the dishonorable 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 November. A coach rolls out of London through streets which should have been deserted considering the epidemic but plague or no plague. People throng the streets angry people pelting the coach with stones mug tobacco players especially black and blacks not to mention invective. Down down down down. And God knows he likes cmon man a heat gun is in the U.S. at least mugged off not even. If it was the coach of one of those accused of treason being transported now to Winchester 60 miles in five days away for trial. In every town and hamlet along the way London's
accolade would be repeated. It was hot one knob whether we would escape alive from 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 would need 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 the sea of hatred. What were his stock cars that dull still above. He was the accused man in the coach. He would soon be the convicted man in the tar. It was not the treason of which he was accused that produced his unpopularity. He'd spent a brilliant lifetime and 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's certainly were crying vengeance upon the head of their water that vengeance so every one's head would prove bitter and many would wish the cup had held justice instead. He signed the quote The clerk will read the indictment. That Sir Walter Raleigh. It comes fine I'm going out to drive these government to raise up sedition within the realm of our religion to bring in the Roman superstition and to procure all foreign enemies the kingdom What say you always sell well there really are you guilty or not guilty to a stand I did not guilty. November 17 16 3 in the ancient Council of movers Ian Winchester
the trial of Sir Walter Raleigh November 17th until this year for more than 40 years England had 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 but I don't trade Thomas 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. Foul at the moment stuff. Just 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 jobbed pledge up 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 any treason and I will prove you to be the most
notorious prey tell that ever came to the bog. I 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 fear of his duty for the service of the king and your life. Be patient on both sides. Ah yes the Kings already lyin not physically present in this courtroom. He dominated all the laymen on the bench. 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. That 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 my country's sake I had expended up my own properties for a thousand pounds. I knew the state of Spain well his weakness and poorness and humbleness at this time. I knew that we had before time. He was one 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 door was his pride so abated. He was glad to congratulate the King my master on his accession and now come a creeping onto him for peace and to show I was not Spanish 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 Britain. 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 Cobham be a traitor What is that to me. How spider of hell was all that he did was by the by instigation if the Lord problem has thus contended against me then let him be brought here that I may face him either as a party and may not come. The law is against it it is a toy to tell me of law. I defy such law. I stand on fact by your favor Mullard the trial affected 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 like you zation you try me by the Spanish Inquisition.
You're a good cook of the growly as 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 it was lovely he said. She said that they said Variety hearsay evidence. Then too there was the man couple whose sworn statement made out of court was the only solid evidence against Roy. What sort of man was this cop I'm a 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 though Sir Edward Cook flaunted the original statement under the defendant's nose. Rowley himself had in hand a note from common which would be read to the court. You should see how many throws have this 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 confidence with you and a treason not 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 is any subject. Listen to this clip. You gentlemen of the joint for all that is said to the contrary you say my only accuser is the Lord Kumba who with tears hath lamented his faults accusing me. I will not expect anything of you but what reason religion and conscience ask for every man. Remember what say to gust and say so judge as if you were about to be judged yourself. But in the end there is but one judge and one tribe you know for all men. Now if you yourselves would
like to be hazarded in your lives disabled and your posterity your lands goods and all you have confiscated your wives children and servants left crying to the well if you should be content all this should befall you upon a trial by suspicions and presumptions upon an IQ zation 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 crumb 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 team and I will lay the upon my back for the confident of the traitor that ever came to the box. Thou art the most vile and traitor that ever lived. You speak indiscreetly barbarously and uncivilly. I want words sufficient to express life I
cursed creature 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. Well I will show you to be the greatest traitor The devil loves and to discover you were Raleigh and all your Macchiavelli and tricks here with a lowered column 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 night after. Salt brought me four nights before my coming from the Taj Hotel and really closed in an apple to be thrown into my chamber window desiring me down on my hands and acknowledge what I had wronged him. I wrote a letter as he desired. I soon thought how we went about only to clear himself by betraying me. When I told him I have resolved to step down the truth I don't let my hand do
retract what he cunningly got from me raving part of His Majesty for my. Son. No if dollhouse the grace humble myself to the king and country by Trey Songz the attorney general had the last word. Raleigh was taken by surprise unable to make strong comeback. The jury 12 nights from Middlesex retired Raleigh and the court waited when the grand 12 million journey of on sin and sinful fury. Black. Christ pleads his death. And then we live. Be though my speaker. True preceded. The move with salvation even.
Not without pride too long. So while the rally I am sorry to see this falling upon you this day. The jury had deliberated but 15 minutes. Now the Lord Chief Justice notorious for passing grisly sentences especially upon highwaymen was about to deliver Raleigh's First however he must deliver himself of a belated thought. Alright now comes to my mind why you may not have your accuser brought face to face. Such an one is easily brought to retract. When you see it 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 seemed to have been found guilty of these horrible treasons judgment of this court is. That you should be had from hence to the place whence you came and that to remain on till the day of
execution and from thence it shall be drawn upon a hurdle through the open streets to the place of execution. Then to be hanged. And cut down alive and your body shall be opened your heart and bars plucked out and your privy member cut off and be thrown into the fire before you are. In your hand to be stricken off from your body. And your body shall be divided into four quarters to be disposed of at the king's pleasure. And God have mercy upon your soul. 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 that proud English law had dealt out in justice. But you say it was evident from the moment the trial opened that all up on the bench regarded so well to me is nothing unusual in that the king's evidence was 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 justice is to a man not been convinced beforehand of his guilt. No haha Joey can be that I Middlesex doré King James I have heard did say he pray at the never to be judged by a Middlesex Joran no matter any jury would have done the same knowing what was expected. I 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 red red red dye for shame. Sir 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 under just 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. This is Tim 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 what 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 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 countrymen'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 Raleigh's 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 Shaw 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 how 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 our youth our joy our all we have. And paces but with us and 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 script by Milburn and Elizabeth Carlson content consultant David film and
- 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.
- Broadcast Date
- Law Enforcement and Crime
- 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,” 1962-05-07, University of Maryland, American Archive of Public Broadcasting (GBH and the Library of Congress), Boston, MA and Washington, DC, accessed December 6, 2021, http://americanarchive.org/catalog/cpb-aacip-500-rn307473.
- MLA: “To every man his due; That certain feeling.” 1962-05-07. University of Maryland, American Archive of Public Broadcasting (GBH and the Library of Congress), Boston, MA and Washington, DC. Web. December 6, 2021. <http://americanarchive.org/catalog/cpb-aacip-500-rn307473>.
- 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-rn307473