Sword-men to assist the action: therefore he
would stay till he had obtained a regiment from Ostend or
Austria. So you see these Treasons were like Sampson's foxes,
which were joined in their tails, though their heads were
severed.
RALEIGH--You Gentlemen of the Jury, I pray remember, I am not
charged with the Bye, being the Treason of the priest.
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 laesae majestatis_; this goeth further, and may be termed,
_crimen extirpandae regiae majestatis_, and _totius progenici
suae_. 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
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