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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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this instant to render up an account to God and I protest as I shall appeare before him this that I have spoken is true and I hope I shal be beleeved Then a proclamation being made that all men should depart the Scaffold he prepared himselfe for death giving away his hat his cap vvith some mony to such as he knevv that stood neer him And then taking his leave of the Lords Knights Gentlemen and others of his acquaintance and amongst the rest taking his leave of my Lord of Arundel he thanked him for his company and intreated him to desire the King that no scandalous vvriting to defame him might be published after his death saying further unto him I have a long journey to go and therefore I vvill take my leave And then putting off his doublet and govvne he desired the headsman to shevv him the Axe vvhich not being suddenly granted unto him he said I prethee let me see it dost thou thinke that I am afraid of it so it being given unto him he felt along upon the edge of it and smiling spake unto M. Sheriffe saying this is a sharpe medecine but it is a physitian that will cure all diseases Then going to and fro upon the Scaffold on every side he intreated the company to pray to God to give him strength Then having ended his speech the executioner kneeled downe and asked him forgivenesse the which laying his hand upon his shoulder he forgave him Then being asked which way he would lay himself on the block he made answer and said so the heart be streight it is no matter which way the head lyeth So laying his head on the block his face being towards the East the headsman throwing downe his owne cloak because he would not spoyl the prisoners gowne he giving the headsman a signe when he should strike by lifting up his hands the executioner strook of his head at two blowes his body never shrinking nor mooving his head was shewed on each side of the Scaffold and then put into a red leather bag and his wrought velvet gowne throwne over it which was afterwards conveyed away in a mourning coach of his Ladyes Sir Walter Rawleigh's Letter to the King the night before his death THe life which I had most mighty Prince the law hath taken from me and I am now but the same earth and dust out of which I was made If my offence had any proportion with your Majesties mercy I might despaire or if my deserving had any quantity with your Majesties unmeasurable goodnesse I might yet have hope but it is you that must judge and not I name blood gentility or estate I have none no not so much as a being no not so much as a vitam planta I have onely a penetent soule in a body of iron which mooveth towards the load-stone of death and cannot be withheld from touching it except your Majesties mercy turne the point towards me that expelleth Lost I am for hearing of vain man for hearing only and never beleeving nor accepting and so little account I made of that speech of his which was my condemnation as my forsaking him doth truly witnesse that I never remembred any such thing till it was at my tryall objected against me So did he repay my care who cared to make him good which I now see no care of man can effect But God for my offence to him hath laid this heavy burthen on me miserable and unfortunate wretch that I am But for not loving you my Soveraigne God hath not layd this sorrow on me for he knowes with whom I am not in case to lye that I honored your Majesty by same and loved and admired you by knowledge So that whither I live or dye your Majesties loving servant I will live and die If now I write what seemes not well favoured Most mercifull Prince vouchsafe to asscribe it to the councell of a dead heart and to a minde that sorrow hath confounded But the more my misery is the more is your Majesties mercy if you please to behold it and the lesse I can deserve the more liberall your Majesties gift shall be herein you shall onely imitate God giving free life and by giving to such a one from whom there can be no retribution but onely a desire to pay a lent life with the same great love which the same great goodnesse shall bestow on it This being the first letter that ever your Majesty received from a dead man I humbly submit my selfe to the will of God my supream Lord and shall willingly and patiently suffer whatsoever it shall please your Majestie to afflict me withall Walter Rawleigh The Copy of Sir Walter Rawleighs Letter to his Wife the night before his death YOu shall now receive my deare wife my last words in these my last lines My love I send you that you may keep it when I am dead and my cou●cell that you may remember it when I am no more I would not by my will present you with sorrowes Deare Besse let them go into the grave with me and be buried in the dust And seeing that it is not Gods will that I should see you any more in this life beare in patiently and with a heart like thy selfe first I send you all the thankes which my heart can conceive or my words can reherse for your many travailes and care taken for me which though they have not taken effect as you wished yet my debt to you is not the lesse but pay it I never shall in this world Secondly I beseech you for the love you beare me living do not hide your selfe many dayes but by your travailes seeke to helpe your miserable fortunes and the right of your poor childe Thy mourning cannot availe me I am but dust Thirdly you shall understand that my land was conveyed bona fide to my childe the writings were drawne at midsummer was twelve months my honest cosen Brett can testify so much and Dolberry too can remem●er somewhat therein And I trust my blood will quench their malice that have cruelly murthered me and that they will not seek also to kill thee and thine with extreame poverty To what friend to direct thee I know not for all mine have left me in the true time of tryall And I perceive that my death was determined from the first day Most sorry I am God knowes that being thus surprised with death I can leave you in no better estate God is my witnesse I meant you all my office of wines or all that I could have purchased by selling it halfe my stuffe and all my jewels but some one for the boy but God hath prevented all my resolutions That great God that ruleth all in all but if you can live free from want care for no more the rest is but vanity Love God and begin betimes to repose your selfe upon him and therein shall you finde true and lasting riches and endlesse comfort for the rest when you have travelled and wearied your thoughts ver all sorts of worldly cogitations you shall but sit downe by sorrow in the end Teach your son also to love and feare God whilst he is yet young that the feare of God may grow with him and then God will be a husband to you and a father to him a husband and a father which cannot be taken from you Baily oweth me 200 pounds and Adrian 600 in Iersey I also have much owing me besides The arrearrages of the wines will pay your debts And howsoever you do for my soules sake pay all poore men When I am gone no doubt you shall be sought too for the world thinkes that I was very rich But take heed of the pretences of men and their affections for they last not but in honest and worthy men and no greater misery can befall you in this life then to become a prey and afterwards to be despised I speake not this God knowes to disswade you from marriage for it will be best for you both in respect of the world and of God As for me I am no more yours nor you mine death hath cut us asunder and God hath divided me from the world and you from me Remember your poore childe for his fathers sake who chose you and loved you in his happiest times Get those letters if it be possible which I writ to the Lords wherein I sued for my life God is my witnesse it was for you and yours that I desired life but it is true that I disdained my self for begging of it for know it my deare wife that your son is the son of a true man and who in his owne respect despiseth death and all his mishapen ugly formes I cannot write much God he knows how hardly I steale this time while others sleep and it is also time that I should separate my thoughts from the world Begg my dead body which living was denied thee and either lay it at Sherburne and if the land continue or in Exeter-Church by my Father and Mother I can say no more time and death call me away The everlasting powerfull infinite and omnipotent God That Almighty God who is goodnesse it selfe the true life and true light keep thee and thine have mercy on me and teach me to forgive my persecutors and accusers and send us to meet in his glorious Kingdome My deare wife farewell Blesse my poore boy Pray for me and let my good God hold you both in his armes Written with the dying hand of sometimes thy Husband but now alasse overthrowne Walter Rawleigh FINIS
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
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
brother And he said out of that which was in my Lord Treasurers house in the Strand Whereupon my Lord Cecil published that after his Fathers death Sir VValter desired to search for some Cosmographycall descriptions of the West-Indies which he thought werein his study and were not to be had in print which he granted and said he would as soon have trusted Sir Walter as any man though since for some infirmities of Sir VValters the bonds of his affection had been crackt yet reserving his duty to the King his Master which he could not despence withall in his service hee swore by God he loved him and found a great conflict in himselfe in that so compleat a member in a common-wealth was fallen away But he must needs say that Sir VValter used him discourteously to take the book away and not to acquaint him therewith Neverthelesse he said he need not to make any Apology in the behalfe of his Father considering how usuall and necessary a thing it is for Councellors and those in his place to intercept and keep all such kinde of writings for whosoever should now search his study or at least his Cabinet should like enough finde all the famous libells that ever were made against the Queene that dead is and shall also finde divers made against the King our Soveraigne Lord that now is since his coming to the Crowne Sir VValter said that the book was a manuscript and had noted in the beginning with my Lord Treasurers owne hand this is the book of one Rob. Snag and affirmed that as my L. Cecil had said he thought a man might finde also in his house all the libells that had been made against the late Queene But M. Attourney said that he was no privy councellor nor he hoped never should be my Lord Cecil answered that he indeed was no councellor of state yet he had been often called to consultation Sir VValter thought it a very severe interpretation of the law to bring him within the compasse of Treason onely for this book written so long agone as it was whereof no man had read more than the Titles of the Chapters and which was burned by George Brook without his privity admitting that he had delivered it to my Lord Cobham not advancing nor approving the same but discommending it as Cobhams first confession was and he put this case If he should come to my Lord Cecil as oft he had done and finde a searcher with him with a packet of libells and my Lord let him have one or two to peruse this he hoped was no treason To prove this treason against the State and common-weale my Lord Cobhams confessions were read to this effect That it was agreed between Sir VValter Rawleigh and him that my Lord Cobham should deale with Count Aremberg to procure six hundred thousand crownes that Count Aremberge did promise to satisfie his request to the intent to advance the Title of Arabella and that it was likewise concluded that Cobham should under pretence of travelling Goe into the Low-Countries into France and Spaine and carry three letters from the Lady Arabella to the Arch-Duke to the Duke of Savoy and to the King of Spaine to obtaine the said summe of Crownes and thereby to promise three things unto the Princes First that there should be a peace concluded with Spaine Secondly that there should be a toleration of Religion in England Lastly that she would not marry but by the direction of the said Princes And that she should come back by Iersey and there he should meet with Sir VValter Rawleigh and then they would agree how to dispose the mony to discontented persons whereof he thought he should finde many at his returne and that Sir VValter should have a great number of crownes from the said Count Aremberge And that Sir VValter thought that the best course to trouble England was to cause division in Scotland And my L. Cobham further accused Sir Walter to have b in the only instigator of him to all these treasons And one Mat. de Lawrencie a merchant of Antwerp that was used between Count Aremberge and my L. Cobham confessed that Sir Walter Rawleigh supped with my Lord Cobham one night when he came to my Lord Cobhams house and that they three went alone to Sir Walter Rawleighs house in the Strand by water and that the said Mathew de Lawrencie delivered a letter to my Lord Cobham from Count Aremberge at Durham-house and immediately Sir Walter went up with my Lord Cobham into his chamber and Mathew de Lawrencie tarried below Sir Walter confessed that he knew very well that Mathew de Lawrencie held intelligence betweene Count Aremberg and my Lord Cobham and so did the Lords of the councell know that it had been so these seaven yeares by licence of the Queene But that he knew to what purpose it was now of late he denied other then he took it to have been concerning the businesse of the peace with Spaine for that my Lord Cobham said that his brother George Brook was very loath to accuse him Sir Walter proceeded and asked whither my Lord Cobham had accused him or confessed any such thing It was answered that my Lord Cobham had been asked whither he had spoken any such thing concerning his said brothers unwillingnesse and he would make no other answer but that he had however he said it proceeded out of a discontented minde from the said George Brook which M. Attourney said was a confession of their pretence in law Then Sir VValter Rawleigh said that if my Lord Cobham had accused him as they alledged he ought to renew his accusation to his face that so he might not be massacred by heersay and affirmed it was Sir Nicolas Throgmortons case There was further urged against Sir VValter for intending to make away the King the testimony of one that had been lately at sea who was in the Court in a blew cassock and deposed That being at Lisbone not long after the coming in of the King into England a Portugall Gentleman asked him whence he was and said of of England Then he asked whither our King were crowned or not and he answered he hoped so by this time whereupon the Portugall said that my Lord Cobham and and Sir VValter Rawleigh would make him away before it were long Sir VValter made light of this rumour and of the witnesse and said that he thought it might be so for that my Lord Cobham knowing that he had written a book and presented it to the King to move his minde not to make his peace with Spaine hearing him one day at his Table dispute very violently against the peace told him in his Gallery presently after he need not be so much against the peaces for he should have seven thousand crownes to labour for it and that he thought it to be a toye nor knew how to deserve it yet his answer was let me see the mony and then I will answer