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“Illegal Litigation”: Excerpt from “I am the Raleigh,” by F. L. Light

In Arts & Letters, Britain, British Literature, Creative Writing, History, Humanities, Poetry, Writing on March 2, 2016 at 8:45 am

Fred Light

A Shakespearean proficiency in meter and rhetoric may to F L Light be ascribed. Nearly forty of his dramas are now available on Amazon, and twenty have been produced for Audible. His Gouldium is a series of twenty four dramas on the life and times of Jay Gould which he followed with six plays on Henry Clay Frick. The whole first book of his translation of The Iliad was published serially in Sonnetto Poesia. He has also appeared in Classical Outlook and The Raintown Review. Most of his thirty five books of couplets are on economics, such as Shakespeare Versus Keynes and Upwards to Emptiness the State Expands.

For his defense in this part of the play, Raleigh asserts that two witnesses are required for the charge of treason.

Raleigh:       The primacy in law is presence,
The testifying presence of a man
Where answers and rejoinders in a court
Proceed, procedurally set right in full
Protection of the truth. Not one but two
For treason are required. This case without
Accusers here illicit must become.
Illegal litigation the Attorney
General of England never should allow.
If no premeditated certitude
You mean in court, let my accusers come
Before me. The sheerest hearsay you assert
In court, if now unsifted inferences
Obtain without an oath, with no subscription,
Nothing demonstrable in testified
Exposure of the truth, simply enlarged
Upon a paper imputation by
A desperate man. How should unscrutinized
Reproaches credible remain unless
The Jesuit Inquisition you regard
As just? Were Cobham dead or gone abroad,
No case you’d have. But in this very house,
Winchester Castle, he abides. My lords,
Perpend how over-guessed assumptions are
Not rare in court, and lightless allegations,
Of darkling likelihood, have dazzled lawyers.
Why, Sir John Fortescue, of reverend estimation
As a Chief Justice in this realm, relates
How in his time a judge condemned a wife
At Salisbury for her husband’s death upon
Gratuitous prejudice to peasants or
On the suppositious sophistry of looks
Or likely baseness in the wife, whom one
Accuser had belied. But he that killed
Her husband was discovered after she
Was burned. The judge that had her die then told
Sir John the mordant penance of his mind
Would never pall in conscientious smart
With caustic memories. And you, Sir John
Popham, are too exultant in damnations
To regret my doom.

Popham:                   The damnedest imputations you
Deserve, far prouder to exalt prodition than
All traitors heretofore.

Raleigh:                      By fallible
Ferociousness your wisdom may default.
You’d proudly consummate your preconceptions.
And if you say the statutes I adduced
Before abide no longer in the courts,
Because religious mutability
Required removes, yet faultless equity
Remains in them, not failing reason. Now
Impartial exemplarity you lawyers find
In them, and for the common law they are
Considered sacred. Jurists never doubt
In Deuteronomy that one condemner shall
Not doom for his enormities a man,
But double attestations may suffice
Or triple for attesting treason to
A judge. There’s no dissentient scripture, old
Or new, thereon. Thus by the law of God
No men are immaterial nullities
In court. Untenable disgrace they need
Not suffer from one man.

Popham:                         Sir Walter Raleigh,
No statute you adduced can aid you now.
Those of Edward the Sixth no longer hold,
Too inconvenient for convictions, all
Repealed by Philip and Mary when their fires
Began. As the Chief Justice of this realm,
I know the common law’s commensurate
Extents to measure treason. Here in court
One requisite assertion that attests
To treason is enough. And, should one
Accomplice carry allegations how
The others were conjoined, that proof will hold.
But he that blames himself before he blames
Another cannot be denied in court,
For mouthed authority demonstrable.

Warburton: I muse, Sir Walter, measurably considerate
As you are, how you stretch yourself to stress
This point, for horse-thieves never could be judged
Thereby, requiring witnesses. By law
Upon deduced presumption we condemn
The guilty or on circumstantial presence
Or incidental revelation we
May judge events. Should regicidal gore
Not prove a swordsman guilty who had been
In covert presence with a king? He’d be
Too sanguinary for misjudgment, Sir.
No inquisition requisite therefore!

Raleigh: Yet by the common law, my lord, all trials
Of fact by juries and witnesses proceed.

Popham: No, sir, examination satisfies
The common law. Where traitors have confessed,
Redundant witnesses might not in court
Condemnatory tales unfold.

Raleigh:                                As you
Conceive the law therewith, I cannot grasp
The incongruity unknown to me.

Popham: Nay, Sir, the law is not conceived by us
But known in full.

Raleigh:                My lord, so how so laws
Suffice in process, here I suffer life
Or death thereby. Not with insufferable
Exorbitance should English rigor be
Enforced. At his asserted coronation
King James to nurture equity in England
And not fixed rigor force has sworn. And as
Benignant furtherance he would effect
In law, so should his ministers and judges no
Less happy prove.

Popham:               Procedural monarchy
Provides you equity. But our judicial course
Will be confined to justice.

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Excerpt from “I am the Raleigh,” by F. L. Light

In Arts & Letters, Britain, British Literature, Criminal Law, Fiction, History, Humanities, Law, Literature, Theatre, Writing on December 9, 2015 at 8:45 am

Fred Light

A Shakespearean proficiency in meter and rhetoric may to F L Light be ascribed. Nearly forty of his dramas are now available on Amazon, and twenty have been produced for Audible. His Gouldium is a series of twenty four dramas on the life and times of Jay Gould which he followed with six plays on Henry Clay Frick. The whole first book of his translation of The Iliad was published serially in Sonnetto Poesia. He has also appeared in Classical Outlook and The Raintown Review. Most of his thirty five books of couplets are on economics, such as Shakespeare Versus Keynes and Upwards to Emptiness the State Expands.

In November, 1603, Sir Walter Raleigh was for treason put on trial. Those charged with treason were not allowed lawyers. The prosecutor is Edward Coke, Attorney General of England.

Wolvesley Castle in Winchester, where the chief judicial officers of England and many peers of the realm are gathered. Sergeant at Arms Yelverton comes forth.

Yelverton: You English, conscientious quietude
Abide. In mutest comprehension mark This Court. Let your acuity be quieted,
Judicious silence in this cause permitting. Now let the Keeper here at Castle Wolvesley
Conduct the prisoner, Sir Walter Raleigh,
Into the court.

Raleigh is ushered into the court by the Keeper.

Popham: Name the commissioned magistrates
For watchful jurisdiction of this court.

Yelverton: Yourself, the Lord Chief Justice, Master Justice
Gawdie, Master Justice Warburton, Robert
Lord Cecil, Edward Lord Wotton of Morley,
And Henry Lord Howard.

Popham:                          What is the professed
Indictment, Sergeant Yelverton?

Yelverton:                                  It is
Alleged Sir Walter Raleigh in comprised
Inclusion with a clique conceived
And counseled a conspiracy, resolved
The presence of the King be done away,
With common dispossession of the King’s
Propriety; and he, considering seditious seizures
Of the state, by factious infestations would
Revolt effect, who’d raise mutations in
Religion, irreligious primacy
In England prompting, and who’d summon to
This island the amassed misanthropy
Of Spain at arms or an invasive sway
From Scotland. It is further stated that
Lord Henry Cobham met at Durham House
On June the Ninth with Raleigh to procure
For Arabella Stuart the crown of England.
There Raleigh readied the corruption of
Lord Cobham, bidding him confer with Charles
De Ligne, the Count of Aremberg, to draw
Six hundred thousand crowns from him, a sum
For Arabella’s royalty by revolt.
Above this, should Aremberg’s superior,
The Archduke Albert of the Netherlands,
Not have that sum, then to the king of Spain
Should Cobham pass; that Arabella should
In written briefs to Albert and King Philip
And even Savoy’s enthroned administration
Pledge a constant reconcilement held
By London and Madrid, and she must swear
The Papacy’s adherents may persist
In alien ritual of un-English use,
And that her marriage be imagined, moved
And warranted by Philip of Madrid.
And this declarative indictment claims
That Cobham on that ninth of June apprised
George Brooke, his brother, of these plots, assured
Of sibling likelihood therein. And said
That England never glows with lucre till
All Jacobean propagations be
Undone with James, the cubs and bear together;
That a book was lent to Cobham, drawn
From Raleigh’s shelves, purporting that the king
No ancestral validation could assume
For kingship in this realm; that Cobham on
The seventeenth of June then messaged Aremberg
For money with LaRenzi as the messenger;
That on the next day Count Aremberg agreed
Upon six hundred thousand as the sum,
Whereof eight thousand were for Raleigh’s use,
And ten thousand would George Brooke receive.
At these outstanding imputations what
Is your plea?

Raleigh:      Not guilty, and I’ll put myself
Upon the country’s jurisdiction, fain
A jury of my peers may pass on me.

Yelverton: Would you assert a challenge to remove
Or question any jurors?

Raleigh:                          None of them
I know, but, as I sense appearances,
Forthright discrimination and direct
Discretion cannot be denied in them.
Faces of normal reason I regard
Among them, not afraid their rectitude
Will jar with mine. And as I know my plea
Is stainless, let this panel stand. I may
In confident indifference suffer them.
Yet here one wish you may accept as meet.
For you should know intense infirmities
Of late my readiness impair and leave
My memory faint. And thus the itemized
Indictment I would touch on and deny
By individual severalties, as they
Before the court come forth, or else I’ll not
Retain them till at last I may reply.

Coke: The evidential whole is stronger than
Her parts, and overwrought distinctions may
Disintegrate the rightful fullness we’ve
Embodied in this case. Distinguished parts,
When overstretched, constrained distortions put
Before us.

Raleigh:     Undivided evidence
Can hardly be reviewed by a refuter.

Popham: Let the defendant with each single charge
Contend in sequence. By the common law
Judicial consummations come of parts.

 

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