these treasons were like Samson's foxes, which were joined in their tails, though their heads were severed.

Ralegh. 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: First, they had a watch-word, (the king's safety); Setheir pretence was bonum in se; their intent was malum in se. condly, they avouched Scripture; both the priests had scriptum est ; perverting and ignorantly mistaking the Scriptures. Thirdly, they avouched the common law, to prove that he was no king till he was crowned; alledging a statute of 13 Eliz. This, by way of imitation, hath been the course of all traitors.

In the 20th of Edward II. Isabella the queen, and the Lord Mortimer, gave out, that the king's person was not safe, for the good of the church and commonwealth.

The bishop of Carlisle did preach on this text, My head is grieved, meaning by the head, the king; that when the head began to be negligent, the people might reform what is amiss.

In the 3d of Henry IV. Sir Roger Clarendon, accompanied with two priests, gave out that Richard II. was alive, when he was dead.

Edward III. caused Mortimer's head to be cut-off, for giving counsel to murder the king.

The 3d of Henry VII. Sir Henry Stanley found the crown in the dust, and set it on the king's head; when Fitzwater and Garret told him that Edward V. was alive, he said, If he be alive, I will assist him. But this cost him his head.

Edmund de la Pole, Duke of Suffolk, killed a man in the reign of King Henry VII. for which the king would have him hold-up his hand at the bar, and then pardoned him: yet he took such an offence thereat, that he sent to the noblemen to help to reform the commonwealth; and then said he would go to France and get power there. Sir Roger Compton knew all the treason, and discovered Windon and others, that were attainted.

He

He said, there was another thing that would be stood-upon, namely, that they had but one witness. Then he vouched one Appleyard's case, a traitor in Norfolk, who said, a man must have two accusers. Helms was the man that accused him; but Mr. Justice Catlin said, that that statute was not in force at that day. His words were, thrust her into the ditch.

Then he went on speaking of accusers, and made this difference. An accuser is a speaker by report, when a witness is he that upon his oath shall speak his knowledge of any man.

A third sort of evidence there is likewise, and this is held more forcible than either of the other two; and that is, when a man by his accusation of another, shall, by the same accusation, also condemn himself, and make himself liable to the same fault and punishment: this is more forcible than many witnesses. So then so much by way of imitation.

Then he defined treason. 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 farther, and may be termed, crimen extirpandæ Regiæ Majestatis, et totius progeniei suæ. I shall not need, My Lords, to speak any thing 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, nanquam nimis quod nunquam satis. But to whom do you bear malice? to the children? Ralegh. 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

alter religion; as you, Sir Walter Ralegh, have followed them of the bye in imitation, for I will charge you with the words.

Ralegh. 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: English face, but a Spanish heart.

thou art a monster, thou hast an Now you must have money:

Aremberg was no sooner in England (I charge thee Ralegh) but thou incitedst Cobham to go unto him, and to deal with him for money, to bestow on discontented persons, to raise rebellion on the kingdom.,

Ralegh. Let me answer for myself.

Attorney. Thou shalt not.

Ralegh. It concerneth my life.

Ld. Ch. Just. Sir Walter Ralegh, Mr. Attorney is but yet in the general; but when the king's counsel have given the evidence wholly, you shall answer every particular.

Attorney. Oh! do I touch

you?

Ralegh

Lord Cecil. Mr. Attorney, when you have done with this general charge, do you not mean to let him answer every particular? Attorney. Yes, when we deliver the proofs to be read. procured Cobham to go to Aremberg, which he did by his instigation: Ralegh supped with Cobham before he went to Aremberg: after supper, Ralegh conducted him to Durham-house; from thence Cobham went with Lawrency, a servant of Aremberg's, unto him, and went in by a back-way. Cobham could never be quiet until he had entertained this motion, for he had four letters from Ralegh. Aremberg answered, the money should be performed, but knew not to whom it should be distributed. Then Cobham and Lawrency came back to Durham-house, where they found Ralegh. Cobham and Ralegh went up, and left Lawrency below, where they had secret conference in a gallery; and after, Cobham and Lawrency departed from Ralegh. Your jargon was peace: what is that? Spanish inva

sion

sion, Scottish subversion. And again, you are not a fit man to take so much money for procuring of a lawful peace, for peace procured by money is dishonourable. Then Cobham must go to Spain, and return by Jersey, where you were captain: and then, because Cobham had not so much policy, or at least wickedness, as you, he must have your advice for the distribution of the money. Would you have deposed so good a king, lineally desended of Elizabeth, eldest daughter of Edward IV.? Why then must you set up another? I think you meant to make Arabella a titular queen, of whose title I will speak nothing; but sure you meant to make her a stale. Ah! good lady, you could mean her no good..

Ralegh. You tell me news, Mr. Attorney.

Attorney. O Sir! I am the more large, because I know with whom I deal: for we have to deal to-day with a man of wit.

Ralegh. Did I ever speak with this lady?

Attorney. I will track you out before I have done. Englishmen will not be led by persuasion of words, but they must have books to persuade.

Ralegh. The book was written by a man of your profession, Mr. Attorney.

Attorney. I would not have you impatient.

Ralegh. Methinks you fall out with yourself; I say nothing.

Attorney. By this book you would persuade men, that he is not the lawful king. Now let us consider some circumstances. My Lords, you know my Lord Cobham, for whom we all lament and rejoice. Lament in that his house, which hath stood so long unspotted, is now. ruinated; rejoice, in that his treasons are revealed. He is neither politician nor sword-man, Ralegh was both, united in the cause with him, and therefore cause of his destruction. Another circumstance is, the secret contriving of it. Humphrey Stafford claimed sanctuary for treason: Ralegh in his Machiavelian policy, hath made a sanctuary for treason: he must talk with none but Cobham; because, saith he, one witness can never condemn me. For Brooke said unto Sir Griffith Markham, take heed how you do make my Lord CobVOL. II

E

bam

ham acquainted: for whatsoever he knoweth, Ralegh the witch will get it out of him. As soon as Ralegh was examined on one point of treason concerning my Lord Cobham, he wrote to him thus; I have been examined of you and confessed nothing. Farther, you sent to him by your trusty Francis Keymis, that one witness could not condemn; and therefore bade his lordship be of good courage. Came this out of Cobham's quiver? No: but out of Ralegh's Machiavelian and devilish policy. Yea, but Cobham did retract it; why then did ye urge it? Now then see the most horrible practices that ever came out of the bottomless pit of the lowest hell. After that Ralegh had intelligence that Cobham had accused him, he endeavoured to have intelligence from Cobham, which he had gotten by young Sir John Payton but I think it was the error of his youth.

Ralegh. The lords told it me, or else I had not been sent to the Tower.

Attorney. Thus Cobham, by the instigation of Ralegh, entered into these actions: so that the question will be, whether you are not the principal traitor, and he would nevertheless have entered into it? Why did Cobham retract all that same? First, because Ralegh was so odious, he thought he should fare the worse for his sake. Secondly, he thought thus with himself; if he be free, I shall clear myself the better. After this, Cobham asked for a preacher to confer with, pretending to have Dr. Andrews; but indeed he meant not to have him, but Mr. Galloway; a worthy and reverend preacher, who can do more with the king (as he said) than any other; that he, seeing his constant denial, might inform the king thereof. Here he plays with the preacher. If Ralegh could persuade the lords, that Cobham had no intent to travel, then he thought all should be well. Here is forgery In the Tower Cobham must write to Sir Thomas Vane, a worthy man, that he meant not to go into Spain; which letter Ralegh devised in Cobham's name.

Ralegh. I will wash my hands of the indictment, and die a true man to the king.

Attorney. You are the absolutest traitor that ever was.

Ralegh.