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A25867 The arraignment and conviction of Sr VValter Rawleigh, at the Kings Bench-barre at Winchester. on the 17. of November. 1603. Before the right Honorable the Earle of Suffolke, Lord Chamberline, the Earle of Devon-shire, Lord Henry Howard, Lord Cecill, Lord Wotton, Sir John Stanhope Lord Chiefe Justice of the Common-pleas, Popham and Andrewes, Justice Gaudy, Justice Warberton, Sir William Wade, commissioners. / Coppied by Sir Tho: Overbury. Raleigh, Walter, Sir, 1552?-1618.; Overbury, Thomas, Sir, d. 1684. 1648 (1648) Wing A3744; ESTC R206249 25,636 40

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Mr. Atturney divers things were observed which were said and used in his narration or evidence Some captiously noted that hee said this treason did tend not onely to the overthrow of true religion and destruction of all our soules but even to the losse of our goods lands and lives But it seemeth hee meant reciprocally others thought him full of impertinent phrases and complements and specially when hee spake of the Kings issue or of the Lords after hee said hee would say nothing of them then hee would presently fall into grosse and palpable adulation of them to their faces but in their commendations he spake nothing but truth some noted his care and diligence in delivering to the people that the King said he would loose lands crowne life before he would suffer a tolleration or alterration in Religion and that to these Traytors for Cobham and Gray were upon the bye he had done nothing rigorously nothing unnaturally nothing precipitatly not rigorously because no torture used not unnaturally because the brother was not pressed further then he would to accuse his brother not precipitatly because of the long time his gracious Majesty had promised before hee would bring them to their Arraignment this was much to the satisfaction of the people but this he was commanded to deliver All the assembly could have wished that hee had not behaved himselfe so violently and bitterly nor used so great provocation to the prisoner which the better sort imputed to his zeale in the Kings service and to the passion which overwhelmed him in the cause of his Countrey as when he brake forth into these and the like speeches This horrible and detestible Traytor this maine Traytor for the rest were upon the bye this instigator and seducer to treasons he that hath a spanish heart you are an odious man see with what a whorish forehead he defends his faults this is he that would take away the King and his Cubbs O abominable Traytor but many that prejudicate of Mr. Atturneys nature would hardly bee perswaded but those speeches proceeded out of the insolency of his owne disposition given to tryumph upon poore delinquents and men in misery honest men have reason to thinke the best And as the Atturney was noted so was the carriage of Rawleigh most remarkable first to the Lords principally to my Lord Cecill humble yet not prostrate dutifull yet not dejected for in some cases he would humblie thanke them for gratious speeches in other acknowledge that their honours said true as in relating some circumstances And in such points wherin he would not yeeld unto them he would crave pardon and with reverence urge them and answer them as in points of Law or essentiall matters of fact towards the Jurie affible but not fawning not in dispaire nor beleeving but hoping in them carefully perswading them with reasons not distemperately importuning them with conjurations rather shewing love of life then feare of death Towards the Kings Councell patient but not insensibly neglecting not yeelding to imputations layd against him in words and it was wondred that a man of his heroick spirit could be so valiant in suffering that he was never overtaken in passion But when it was insinuated that it was said that it would never bee well till the King and his cubbs were taken away hee said that Mr. Atturney used him basely barbarously and rigorously and that hee was abase slave and a wretch that spake the words but hee received comfort in these base words of Mr. Atturney for he hoped that it should be the worst he should be able to doe against him The accusation may be said to be of two parts viz. Personall against the King and publikely against the State and quiet of the Realme Both high Treason the personall Treason was of two sorts The first a conspiracy against the Kings life the second a practise to disable the Kings title to the Crowne of England To prove that Rawleigh intended the Kings death the confession of George Brooke was enforced who said that his brother my Lord Cobham told him that he and my Lord Gray were but upon the Bye but the said Cobham and Sir VValter Rawleigh were upon the maine for it and should never be well till the King and his Cubbs were taken away And further said that he thought in his conscience that the said speech of the Kings Cubbs proceeded from Rawleigh And it was further declared that the confession of George Brooke was enforced and not voluntarily made untill Sir Griffin Markham and Watson the Priest had vouched him for the knowledge of some farther purpose than the surprizing of the King To this Sir Walter answered that George Brook would say anything of him but he thanked God he never spake with him for if he had spoken but five words he perceived that it had been enough Then my Lord Cecil said that indeed he thought that George Brook had a spleen to Sir Walter but his brother my Lord Cobham and he were good friends and therefore he could not tell whither he hated Rawleigh so much as to do his brother so great a displeasure and said that my Lord Cobham might if he did practice as himselfe confessed with Spaine give Sir Walters name in to credit him withall as a man that favoured him and on whom he did presume more than he had reason To prove that Rawleigh practised to scandalize his Majesties Title to the Crowne My Lord Cobhams confession was produced That Sir Walter delivered him a Booke concerning the Kings Title but told him withall that it was a very foolish book which he delivered to his brother George to consider of and George Brook confessed that his brother gave him such a Book whereof he read onely the Titles of the Chapters containing matter against the Kings Title and Line And it was not omitted by the Attourney that this Booke was delivered upon occasion of my Lord Cobhams discontentment Rawleigh confessed that he had such a booke which he never read but it was intitled A Defence of the Queenes proceedings against Mary Queene of Scotland And constantly denyed that he delivered it to my Lord Cobham but that my Lord Cobham tooke it out of his Study if he had any such of his without his knowledge he protested Here my Lord Henry Howard signified that my Lord Cobham was asked in his examination whither Sir VValter gave him the booke or that he took the same and he said that Sir Walter gave it him But that since he had told some who were againe with him that whereas he had said that Sir Walter gave him the booke the truth was he took the same of himselfe out of his study when he was asleepe Then my Lord Cecil asked Sir Walter where he had the book and he said he tooke it out of my late Lord Treasurer Burleighs study after he was dead My Lord Cecil desired to know whither out of that which was left to him or to his
conscience But he could not sleepe quietly till he had revealed the truth of it to the Lords and voluntarily of himself written the whole matter to them with his owne hand but yesterday vvhich I vvill read vvith a loud voice though I be not able to speake this sennight after and so pulled my Lord Cobhams letter out of his pocket vvhich vvas in effect thus to the Lords vizt. That Sir Walter had vvritten a letter to him a weeke before to intreat him for Gods sake to signifie unto him by his letter that he had vvronged him in his accusation and told him that the Lords had appointed to meet at Master Atturneys house to consider of his cause and that it vvas better to be constant in deniall than to appeale to the King and that he should take heed of Preachers by my Lord of Essexes example Novv it vvas vvrites my Lord Cobham no time to dissemble and therefore he protested unto their Lordships before God and Angels That the accusation of Sir Walter vvas substantially true And further confessed that Sir Walter had dealt with him since the Queenes death to procure him a pension from Spaine to give intelligence vvhen any thing vvas intended by England against them This letter vvas vvonderfully esteemed by Master Attourney and most effectually applyed vvith many quaint Phrases against Sir Walter vvho ansvvered nothing to those speeches vvhich vvere personall having said before that they vvere used onely to bring him into detestation of the vvorld but spake to this effect Novv it shall appeare that my Lord Cobham is an unworthy base silly simple poore soule Master Atturney said Is my Lord so poore Yea said he in Spirit Would to God you were so quoth Master Atturney Sir Walter proceeded I will tell you the troth It is true I got a poore fellow in the Tower to cast up a letter tyed to an apple for so Cobhams letter was conveyed in at my Lord Cobhams window when the Lievtenant was at supper which I was loath to have spoken of least the Lieutenant should be blamed but all the Lieutenants in the world could not have helpt it wherein I intreated him for Gods sake to do me right and to right the truth unto me because I knew not whither I should be arraigned before him or no and hereupon he writt to me how he had wronged me and herein I did nothing that was dishonest for ought I know but I sent him a letter againe because I heard he should be arraigned first and desired him to publish my innocence at his arraignment But that notwithstanding he writ unto me againe which letter I have now about me being all my hope and I beseech your Lordships to peruse it Master Atturney would not have it read but said My Lord Cecill marre not a good cause My Lord Cecill replyed Master Atturney you are more peremptory then honest you must not come heer to shew me what to do Then Sir Walter desired my Lord Cecil perticularly to read it because he knew my Lord Cobhams hand which at his request my Lord Cecil did The letter was to this purpose That whereas my Lord Cobham did not know whither he or Sir Walter should be first arraigned and because the bloud of Sir Walter and undoing of him his posterity should not be required at his hands at the last day Therefore he did by this letter confesse that he had wronged Sir Walter in his former accusation and that Sir Walter was innocent of any such practises and this was true as he hoped to be saved hereupon Sir Walter desired the Jury to consider what a man this was and what his testimony was yet if it were worth any thing The protestations which he had made to cleare him were more violent then those which he had made against him And the reason that might draw my Lord Cobham to vvrite this last letter in accusation of him were greater then could be alledged to perswade him to write the letter in his excuse here my Lord cheife Justice desired my Lord Cecil and my Lord of Northampton to satisfie the Jury that there was no condition of favour promised to my Lord Cobham for writing this last letter which they both did protest to their knowledge Nay said Sir Walter I dare say your Lordshipps would not offer it But my Lord Cobham received a letter from his wife that there was no way to save his life but to accuse me which was said upon the going together of the Jury Concerning the matter in my Lord Cobhams letter of standing to his deniall and to admit no preachers by the misfortune of my Lord of Essex and his desire of a pension from Spaine I protest to God said Sir Walter they are false like as the rest Saving that this I do confesse That my L. Cobham offered me a pension and I alas my Lords loath to cast him away and being confident that I had disswaded him from those humours did conceale it But that ever I dealt with him for any such pension is most untrue And for the meeting of the Lords at Mr. Atturnies house he heard so he protested by happe by a child of his After all this the Jury went together and staid above halfe an houre and returned with their verdict Guilty Then my Lord cheife Justice asked what he could say why Judgement should not be given upon him Hee said he knew the Court was to give Judgement after their verdict and so was willing my Lord should proceede Then my L. chiefe Justice pronounced Judgement against him in this manner viz. Sir Walter Rawleigh you are to be conveied to the place from whence you came and from thence to the place of execution and there to bee hanged till you are halfe dead your members to be out off your bowells to be taken out and cast into the fire before your face you being yet alive your head to bee cut off your quarters to be divided into foure parts to be bestowed in foure severall places and so said my Lord cheife Justice Lord have mercy upon your soule Sir Walter upon this humbly desired that the King might know the proofes against him And that hee did persist in his loyalty notwithstanding the said verdict which he would pray his said Jury might never answer for And further said the death of him and my Lord Cobham should witnesse betweene them Only he craved pardon for concealing my Lord Cobhams offer to him And humbly besought the King to have compassion on him hee was a poore gentleman and had a poore wife and a poore child raw and unbrought up he had much forgotten his duty in concealing my Lord Cobhams fault So Judgement being given as aforesaid and he having talked a while with the Lords in private went back with the Sheriffe to the prison with admirable erection yet in such sort as a condemned man should doe The proceedings against Sir Walter Rawleigh Knight At the Kings Bench Barre in