Attorney—You are not. My lords, you shall observe three things in the Treasons: 1. They had a Watch-word (the king's safety): their Pretence was Bonum in se; their Intent was Malum in se: 2. They avouched Scripture; both the priests had Scriptum est: perverting and ignorantly mistaking the Scriptures; 3. They avouched the Common Law, to prove that he was no king until he was crowned; alledging a Statute of 13 Elizabeth.
He then proceeds to mention other cases of treason where the accused had considered that their acts were bonum in se, and, defining treason, lays down that—
There is Treason in the heart, in the hand, in the mouth, in consummation: comparing that in corde to the root of a tree; in ore, to the bud; in manu, to the blossom; and that which is in consummatione, to the fruit. Now I come to your Charge, You of the Jury: the greatness of Treason is to be considered in these two things, determinatione finis, and electione mediorum. This Treason excelleth in both, for that it was to destroy the king and his progeny. These treasons are said to be crimen læsæ majestatis; this goeth further, and may be termed, crimen extirpandæ regiæ majestatis, and totius progenici suæ. I shall not need, my lord, to speak anything concerning the king, nor of the bounty and sweetness of his nature whose thoughts are innocent, whose words are full of wisdom and learning, and whose works are full of honour, although it be a true saying, Nunquam nimis quod nunquam satis. But to whom do you bear Malice? To the Children?
Raleigh—To whom speak you this? You tell me news I never heard of.
Attorney—O sir, do I? I will prove you the notoriest traitor that ever came to the bar. After you have taken away the king, you would alter Religion: as you, sir Walter Raleigh, have followed them of the Bye in Imitation: for I will charge you with the words.
Raleigh—Your words cannot condemn me; my innocency is my defence. Prove one of these things wherewith you have charged me, and I will confess the whole Indictment, and that I am the horriblest traitor that ever lived, and worthy to be crucified with a thousand thousand torments.
Attorney—Nay, I will prove all: thou art a monster; thou hath an English face but a Spanish heart. Now you must have Money; Aremberg was no sooner in England (I charge thee, Raleigh) but thou incitest Cobham to go unto him, and to deal with him for Money, to bestow on discontented persons, to raise Rebellion on the kingdom.
Raleigh—Let me answer for myself.
Attorney—Thou shalt not.