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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
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
said that in my Lord Cobhams accusation there were many things that he had recanted but there was no essentiall point prenominated which he had recanted And my Lord Cecil said that the reason that my Lord Cobham gave why he would not subscribe was because he thought he was priviledged by his degree wherein he appealed to my Lord Chiefe Justice who answered that it was a great contempt to refuse to subscribe but it did not appeare that thereupon he did subscribe Then Master Atturney delivered that it was Sir Walters policy to have but one witnesse because he thought that one witnesse could not condemne him Sir Walter thereupon furiously started up and said to him Master Atturney you must not thinke that all that maketh for me is policy and all that maketh against me is plain and God revealeth it I were well fitted for justice if you should come to be my Judg what indifferency is there in this my Lord Chiefe Justice Remember I beseech your Lordship the statute of the first of Edward the Sixth ●ath this That no person shall be condemned of treason unlesse he be accused by two lawfull accusers and those to be brought before the party if they belong to England And remember too the statute of the 13 of the Queen No man shall be arraigned of treason without the oath of two sufficient and lawfull witnesses brought face to face My Lord Chiefe Justice said the statute of the first of Edward the Sixth was repealed by the first and second of Philip and Mary and reduced all tryall of treason to the course of the Common-law And that the statute of the thirteenth of Elizabeth extended to such offences as were mentioned in the said act to be committed against the Queene that dead is And that all was now put to the Common-law and that by the Common-law one witnes was sufficient concerning presumption some of the Judges said That by the law a man might be condemned without a witnesse onely upon presumption As if the King whom God defend should be slaine in his Chamber and one is seene to come forth of the Chamber with his sword bloody being drawne were not this evident both in law and opinion without further inquisition And my Lord Chief Justice said that one witnes accusing himself too was very great testimony especially in this case For it was not to be imagined that my Lord Cobham would do himselfe so much harme as to adventure the losse of his honour lands of so great worth and his life for any spleene to Sir Walter unlesse the matter were true and therfore the accusation was very strong against Sir Walter Note that the treasons against Queen Elizabeth which by the statutes of the thirteenth of her raigne were to be proved by the oath of two witnesses were death or bodily harme intending to death imagined against her levying of warres within or without the Realme against her plots to depose or deprive her publishing her to be a Tyrant Heretick Infidell Schismatick Vsurious c. Sir Walter proceeded and urged that though these statutes lived not yet he knew very well the reason of these statutes and equity of them lived still But howsoever I am sure said hee the law of God liveth for ever And you shall finde it in Deutronomy in the seventeenth Chapter In ore duorum aut trium testium peribit qui intersicitur Nemo occidatur uno contra se dicente testimonium And in the nineteenth Chapter Non stabit unus testis contra aliquem quicquid illud peccati et facinoris fuerit Sed in ore duorum aut trium testium stabit omne verbum Divers other places of the old Testament are to this purpose confirmed by our Saviour too in the eighteenth of Mark and the eight of Iohn and by Saint Paul Corinth 2. 13 And by the whole consent of the Scripture And if the Common-law be as Brookes saith who was a great Lawyer then there ought to be two witnesses For he saith a tryall is by verdict and by witnesse wherein my Lord Chiefe Justice said he was deceived But said he you tell me of one witnesse let me have him Prove these practises by one witnesse and I will confesse my selfe guilty to the King in a thousand treasons I stand not upon the Law I defie the law if I have done these things I desire not to live whether they be treasons by the law or no Let me have my accuser brought to my face and if he will maintaine it to my face I will confesse my judgement Here my Lord Chief Justice being required to signifie his opinion of the law in this case he said it was not the law to have the witnesse brought to his face considering he accused himselfe also To the which the rest of the Judges agreed Sir Walter replyed it was not against or contrary to the law Howsoever I do not expect it of duty And yet I say you should deale very severely with me if you should condemne me and not bring my accuser to my face Remember a story of Fortescue a reverend Chief Justice in this Kingdome Tells of a Judge in this Kingdome that condemned a woman for murthering her husband upon the presumption or testimony of one witnesse as it seemed and after she was burned a servant of the mans that was slaine being executed for the same fault confessed that he slew his Master himselfe and that the woman was innocent What did the Judge then say to Fortescue touching the remorse of his conscience for proceeding upon such slender proof Quod nunquam de hoc facto animam in vita sus ipse purgaret That he could never be at peace of conscience whilest he lived although he but gave consent upon the verdict of the Jury But my Lords for the matter which I desire remember too the story of Susanna Daniel thought the Judges fooles because they would condemn a daughter of Israel without asking the witnesse a question Why then my Lords let my accuser be brought and let me aske him a question and I have done for it may be it will appeare out of his owne tale that his accusation cannot be true or he will be discovered by examination But yet principally my Lords remember what is said in the xix of Deutronomy Si steterit testis mendax contra hominem accusans cum prevaricatione stabunt ambo quorum causa est ante dominum in conspectu sacerdotum et judicum qui fuerint in diebus illis And I will tell you Master Atturney if you condemne me upon bare inferences and will not bring my accuser to my face you try me by no law but by the Spanish inquisition If my accuser were dead or not within the land it were something But my accuser lives and is in the house and yet you will not bring him to my face About this time my Lord Cecil asked him if he would take issue upon these points upon my