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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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Westminster The 28. of October 1618. Together with his execution at Westminster on the 29 of October Anno the 16. Iacobi Regis c. UPon Wednesday the 28 of October Anno. Dom. 1618. The Lievtenant of the Tower according to a warrant to him directed brought Sir Walter Rawleigh from the Tower to the Kings Bench Barre at Westminster where the Recordes of his arraignment at Winchester was opened And he demanded why execution should not be done upon him according to the judgement therein pronounced against him To which he began in way of answer to justifie himself in his proceedings in the late voyage But the Lord Chiefe Justice silenced him therein saying there was no other matter there in question but concerning the judgement of death that formerly hath been given against him The which the Kings pleasure was upon some occasions best knowne to himselfe to have executed unlesse he could shew good cause to the contrary Unto which Sir Walter Rawleigh said that he was told by his Councell That in regard his Majestie since the said judgement had been pleased to imploy him in his service as by Commission he had done it made void the said judgment and was a verification unto him But the Lord Chiefe Justice told him that he was therein deceived and that the opinion of the Court was to the contrary Wherewith he was satisfyed and desired that some reasonable time might be allowed him to prepare him selfe for death But it was answered him that the time appointed was on the morrow and that it was not to be doubted but that he had prepared himselfe for death long since And I am glad said the L. Chief Justice that you have given the world so good satisfaction of your Religion as by some bookes published by you you have And so Master Atturney Generall requiring in the Kings behalfe that execution might be done upon the prisoner according to the foresaid judgement The Sheriffs of Middlesex were commanded for that purpose to take him to their custody who presently carryed him to the Gate-house From whence the next morning betweene the Sheriffs of Middlesex Sir Walter Rawleigh was brought to the old Palace in Westminster where a large Scaffold was erected for the execution Whereupon when he came with a cheerfull countenance he saluted the Lords Knights and Gentlemen there present After which a Proclamation was made for silence and he addressed himselfe to speake in this manner I desire to be borne withall for this is the third day of my feaver and if I shall shew any weaknesse I beseech you to attribute it to my mallady for this is the hour in which it is wont to come Then pawsing a while he sate and directed himselfe towards a window where the Lord of Arundel Northampton and Doncaster with some other Lords and Knights sat and spake as followeth I thanke God of his infinite Goodnesse that he hath brought me to die in the light and not in darknesse but by reason that the place where the Lords c. sate was some distance from the Scaffold that he perceived they could not well hear him he said I will straine my voice for I would willingly have your honours heare me But my Lord of Arundel said Nay we will rather come downe to the Scaffold which he and some others did Where being come he saluted them severally and then began againe to speake as followeth viz. As I said I thanke God heartily that he hath brought me into the light to dye and that he hath not suffered me to dye in the darke prison of the Tower where I have suffered a great deale of misery and cruell sicknesse and I thanke God that my feaver hath not taken me at this time as I prayed to God it might not There are two maine points of suspition that his Majestie as I heare hath conceived against mee To resolve your Lordships wherein his Majesty cannot be satisfied which I desire to cleer and to resolve your Lordships off One is that his Majesty hath been informed that I have often had plotts with France and his Majesty had good reason to induce him thereunto One reason that his Majesty had to conjecture so was that when I came back from Guyana being come to Plymouth I endeavoured to go in a barke to Rochell which was for that I would have made my peace before I had come to Englande Another reason was upon my flight I did intend to fly into France for the saving of my selfe having had some terror from above A third reason is his Majesty had reason to suspect was the French Agents coming to me besides it was reported that I had a Commission from the Frech King at my going forth these are the reasons that his Majesty had as I am informed to suspect me But this I say for a man to call God to witnesse to a falshood at the hour of death is farre more grievous and impious and that a man that so doth cannot have salvation for he hath no time of repentance then what shall I expect that am going instantly to render up my account I do therefore call God to witnesse As I hope to be saved and as I hope to see him in his Kingdom which I hope I shall within this quarter of this houre I never had any Commission from the French King nor never saw the French Kings hand writing in all my life neither know I that there was a French Agent nor what he was till I mett him in my gallery at my lodging unlooked for If I speake not true O Lord let me never enter into thy Kingdome The second suspition was that his Majesty had been informed that I should speake dishonorably and disloyally of my Soveraigne But my accuser was a base french man a runnagate fellow one that hath no dwelling a kinde of a Chymicall fellow one that I knew to be persideous for being by him drawne into the Action of fearing my selfe at Winchester in which I confesse my hand was toucht hee being sworne to secrecie over night revealed it the next Morning But this I speake now what have I to doe with Kings I have nothing to doe with them neither doe I feare them I have onely now to doe with my God in whose presence I stand therefore to tell a lye were it to gaine the Kings favour were vaine Therefore as I hope to be saved at the last judgement day I never spake dishonorably disloyally or dishonestly of his Majesty in all my life And therefore I cannot but thinke it strange that that Frenchman being so base and meane a fellow should be so farr credited as he hath been I have dealt truely as I hope to be saved and I hope I shall be beleeved I confesse I did attempt to escape I cannot excuse it but it was onely to save my life And I doe likewise confesse that I did faigne my selfe to be ill disposed and sick at Salisbury but I hope it was no
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