Impunity of Counsel. the counsel that left him bound; his ma jesty was never a prisoner to me, and I never laid any hands upon him; if any wit nesses have spoke of any irreverence, I must appeal to God in that I did not in the least manner carry myself undutifully to his majesty, though one of the witnesses was pleased to say that I said these words: ' That there is a charge against the prisoner, at the 'bar; ' it was not said the 'prisoner at the bar; ' there was not one disrespective word from me. There is in a case in the third institute of my Lord Coke; it is to this purpose, that one wilfully and knowingly foreswore himself; the case was put to inveigle the court, and though the court does injustice upon a false oath, if is not injustice at all in the witness, it is per jury in him; if there can be no injustice in a witness, much less a counsellor can be said to have his hand in the death of any, because he has no power at all. This must needs follow, that if it shall be conceived to be treason for a counsellor to plead against his majesty, then it will be felony to plead against any man that is condemned unjustly for felony. The counsellor is to make the best of his client's cause, then to leave it to the court." And again, " I must leave it to your consciences, whether you believe that I had a hand in the king's death, when I did write but only that which others did dictate to me, and when I spoke only for my fee." Sir Orlando Bridgman, however, the Lord
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Chief Baron, in summing up the case to the jury, disposed of this ingenious defence by thus addressing the prisoner; — "Counsel cannot be heard against the king; you un dertake to be counsel against the king in his own person and in the highest crime; if the counsel at the bar in behalf of his client should speak treason, he went beyond his sphere; but you did not only speak (but acted) treason. You said you used not a disrespective word to the king; truly, for that you hear what the witnesses have said : you pressed upon him; you called it a delay; you termed him not the king, but the prisoner at the bar, at every word. You say you did not assume an authority; it is an assumption of authority if you counte nance or allow of their authority." Cook was found guilty, and when brought up for judgment he made a last desperate effort to get off by the same plea. Being asked what he had to say why the court should not pronounce judgment upon him to die, according to law, he urged two ob jections to the indictment, which were over ruled, and he then said, "I say it was professionately." Lord Chief Baron. — That hath been overruled already; we have delivered our opinions; the profession of a lawyer will not excuse them or any of them from trea son, and this hath been overruled, and is overruled again." So Cook suffered the death of a traitor, and was hanged.
