Attorney-General (Sir Ed. Coke[11])—I must first, my lords, before I come to the cause, give one caution, because we shall often mention persons of eminent places, some of them great monarchs: whatever we say of them, we shall but repeat what others have said of them; I mean the Capital Offenders, in their Confessions. We professing law must speak reverently of kings and potentates. I perceive these honourable lords, and the rest of this great assembly, are come to hear what hath been scattered upon the wrack of report. We carry a just mind, to condemn no man, but upon plain Evidence.

Here is Mischief, Mischief in summo gradu, exorbitant Mischief. My Speech shall chiefly touch these three points: Imitation, Supportation, and Defence. The Imitation of evil ever exceeds the Precedent; as on the contrary, imitation of good ever comes short. Mischief cannot be supported but by Mischief; yea, it will so multiply, that it will bring all to confusion. Mischief is ever underpropped by falsehood or foul practices: and because all these things did concur in this Treason, you shall understand the main, as before you did the bye. The Treason of the bye consisteth in these Points: first that the lord Grey, Brook, Markham, and the rest, intended by force in the night to surprise the king's court; which was a Rebellion in the heart of the realm, yea, in the heart of the heart, in the Court. They intended to take him that is a sovereign, to make him subject to their power, purposing to open the doors with musquets and cavaliers, and to take also the Prince and Council: then under the king's authority to carry the King to the Tower; and to make a stale of the admiral. When they had the King there, to extort three things from him, first, A Pardon for all their Treasons: Secondly, A Toleration of the Roman Superstition; which their eyes shall sooner fall out than they shall ever see; for the king hath spoken these words in the hearing of many, 'I will lose the crown and my life, before ever I will alter Religion.' And thirdly, To remove Counsellors. In the room of the Lord Chancellor, they would have placed one Watson, a priest, absurd in Humanity and ignorant in Divinity. Brook, of whom I will speak nothing, Lord Treasurer. The great Secretary must be Markham; Oculus patriæ. A hole must be found in my Lord Chief-Justice's coat. Grey must be Earl-Marshal, and Master of the Horse, because he would have a table in court; marry, he would advance the earl of Worcester to a higher place. All this cannot be done without a multitude: therefore Watson the priest tells a resolute man that the king was in danger of Puritans and Jesuits; so to bring him in blindfold into the action saying, That the king is no king till he be crowned; therefore every man might right his own wrongs: but he is rex natus, his dignity descends as well as yours, my lords. Then Watson imposeth a blasphemous Oath, that they should swear to defend the king's person; to keep secret what was given them in charge, and seek all ways and means to advance the Catholic Religion. Then they intend to send for the Lord Mayor and the Aldermen, in the king's name, to the Tower; lest they should make any resistance, and then take hostages of them; and to enjoin them to provide for them victuals and munition. Grey, because the king removed before Midsummer, had a further reach to get a Company of 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.

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