NOTLS B B II B X X X X. 



to overthrow without special motives the orders and decrees of my predecessors, 

 1 would be loth to succeed any man, as iMetellus did, Caius verres, cujus omnia 

 erantejusmodi, ut totam verris Praeturam retexere videretur; whose carriage, saith 

 Tully, was a mere Penelope s web, and untwisting of all the acts of Verres s prae- 

 torship. Upon new matter, I cannot avoid the reviewing a cause, but I will ever 

 expect the forbearing of persons, so as the ashes of the dead may be hereafter 

 spared, and the dust of the living no further raked. Fourthly, I will be as cautious 

 as I can in referring of causes, which I hold of the same nature as a by-way 

 motion. For one reference that spurs on a cause there are ten that bridle it in, 

 and hold it from hearing. This is that which Bias calls the backward forward 

 ing of a cause ; for as the historian speaks, Quod procedere non protest recedit. 

 Fifthly, I profess beforehand, that this court shall be no sanctuary for undirect 

 and desperate sureties. It is a ground of the common law, that a man shall 

 make no advantage of his own follies and laches. When the money is to be 

 borrowed, the surety is the first in the intention ; and therefore, if it be not paid, 

 let him a God s name be the first in execution. Lastly, 1 will follow the rules 

 of this court in all circumstances, as near as I can, and considering that, as 

 Pliny speaks, Stultissimum est ad imitandum, non optima quaeq. proponere : It 

 were a great folly to make choice of any other than the very best for imitation, 

 I will propound my old master for my pattern and precedent in all things. 

 Beseeching Almighty God so to direct me, that while I hold this place, I may 

 follow him by a true and constant imitation. And if I prove unfit and unable 

 for the same, that I may not play the mountebank so in this place, as to abuse 

 the king and the state, but follow the same most worthy lord in his cheerful and 

 voluntary resignation, Sic mini contingat vivere, sicq. mori.&quot; 



NOTE XX XX. 



When Coke said, &quot; I know with whom I deal,&quot; and &quot; For we have to deal 

 to-day with a man of wit,&quot; more was conveyed than meets our ears at present. 



The monopoly of playing cards had been granted to Raleigh by Elizabeth ; 

 and the casual mention of this monopoly in the House of Commons had, two 

 years before, slung Raleigh sensibly. It was with him therefore, who had 

 owned the cards that the Attorney had now to deal. 



Sir Simonds d Kwes reports in his Journals, that on the 20th November, 1601, 

 in a debate on a bill, &quot; For the explanation of the common law in certain cases 

 of Letters Patent,&quot; Dr. Benuet said, &quot; He that will go about to debate her 

 majesty s prerogative loyal had need walk warily. In respect of a grievance out 

 of the city for which I come, I think myself bound to speak that now which I 

 had not intended to speak before ; I mean a monopoly of salt. It is an old 

 proverb, Sal sapit omnia ; fire and wnter are not more necessary. But for other 

 monopolies, cards (at which Sir Walter Raleigh blusht), dice, starch, and the 

 like, they are (because monopolies), I must confess, very hurtful, though not all 

 alike ^ hurtful.&quot; The bystanders at Raleigh s trial seemed to have understood 

 Coke s allusion in his use and repetition of the word &quot; deal,&quot; A letter hitherto 

 unpublished, and from an eye-witness, contains a curious passage which fur 

 nishes a conclusive comment upon these cruel words of the King s Attorney, 

 and thus describes the game. 



&quot; The managing of this arraignment was like the sett at Mawge. The King s 

 Attorney did at the first inforce the evidence with slender proofes, and reserved 

 in the decke the ace of hearts. Sir Walter, on the other side, kept close the 

 knave of the game, as he supposed, wherewith to take the ace. For after Sir 

 Walter had much disabled the first evidence, and seemed in the opinion of 

 divers not cleerely guiltie (though noe verie honest man), then did the Kinges 

 Attorney produce a full and voluntarie accusation subscribed with the L. Cob- 

 ham s owne hand, sheweinge that Sir Walter was the principall contryver, 

 plotter, and deviser of all the treasons. Which Sir Walter seeing, seemed to 

 wonder, and draweinge out of his bosome a paper, first used theis speeches in 



