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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
THE ARRAIGNMENT and Conviction of Sr Walter 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 Devonshire Lord Henry Howard Lord Cecill Lord Wotton Sir Iohn Stanhope Lord Chiefe Justice of the Common-Pleas Popham and Andrewes Justice Gaudy Justice Warberton Sir William Wade Commissioners Coppied by Sir THO: OVERBVRY LONDON Printed by William Wilson for Abel Roper at the Sun over against St. Dunstons Church in Fleetstreet Anno Dom. 1648. THE ARRAIGNEMENT and conviction of Sir Walter Rawleigh At the Kings Bench Barre at Winchester 17. Novemb. 1603. AFTER that Sir Walter Rawleigh was brought to the Barre hee sate upon a stoole within a place made of purpose for the prisoner to be in and expected the comming of the Lords during which time he saluted divers of his acquaintance with a very steadfast and chearefull countenance When the Commissioners were all assembled having stood up a while hee desired the Marshall to aske leave of the Lords that hee might sit which was presently granted Then the Court proceeded in his Arraignment according to the ordinary course unto which Sir Walter did orderly and willingly dispose himselfe as the Jury was culled to the booke he was asked whether hee would challenge any of the gentlemen impanelled for his Jury hee said hee knew none of them but hoped they were honest men and so desired the Court to take their choyce of them The Jury being sworne who were Sir Ralph Conisbie sir Thomas Fowler sir Edward Peacock sir William Rowe Knights Henry Goodier Roger VVood Thomas VValker Thomas VVhitby Esquiers Thomas Higate Robert Kempton Iohn Chawkie Robert Brumley Gentlemen The Inditement was red by the Clearke of the Crowne Office the effect whereof was as followeth THat he did conspire and goe about to deprive the King of his government and to raise up sedition within the Realme to alter Religion and to bring in the Romish Superstition and to procure forraigne enemies to invade the Kingdomes That the Lord Cobham the ninth of June last did meet with the said Sir Walter Rawleigh Cobham was then in Durham House in the Parish of St. Martins in the Fields and then and there had conference with him how to advance Arabella Steward to the Crowne and Royall Throne of this Kingdome and that then and there it was agreed that Cobham should treate with Aremberge Ambassadour from the Archduke of Austria to obtaine of him 600 thousand Crownes to bring to passe their intended Treasons It was agreed that Cobham should go to Albert the Archduke to procure him to advance the pretended title of Arabella from thence knowing that Albert had not sufficient meanes to maintaine his owne Army in the Lowcountreys Cobham should go into Spaine to procure the King to assist and surther her pretended Title It was also agreed the better to effect all these conspiracies that Arabella should write three Letters one to the Archduke another to the King of Spaine and another to the Duke of Savoy And promising three things First to establish firme peace betwixt England and Spaine Secondly to tolerate the Romish and Popish Superstition Thirdly to be ruled by them for the contriving of the Marriage and for the effecting of these trayterous purposes Cobham should returne by the Isle of Jersey and should find Sir VValter Rawleigh Captaine of the said Isle of Jersey there and take counsell of him for the distributing of the foresaid Crownes as the occasions and discontentment of the Subjects should give cause and way And further that Cobham and his brother Brooke did meete on the ninth of June last and Cobham told Brooke all the Treasons to which Treasons Brooke gave his assent and did joyne himselfe to all these And after on the Thursday following Cobham and Brook did trayterously speake these words That there would never be a good world in England till the King and his Cubs meaning his Royall issue were taken away and the more to disable and deprive the King of his Crowne and to confirme the said Cobham in his intents Rawleigh did trayterously publish a Booke falsely written against the most just and royall title of the King knowing the said book to be written against the King which book Cobham afterwards received of him And further for the better effecting of these trayterous purposes and to establish the said Brook in his intents Cobham did deliver the said Booke to him on the fourteenth of June and on the sixteenth of June for the accomplishment of the said conference and by the trayterous instigations of Rawleigh did move Brook to incite Arabella to write to the three foresaid Princes to procure them to advance her Title that she after that she had obtained the Crowne should performe three things viz. To establish a firme peace betwixt England and Spaine Secondly to tolerate the Popish Religion with impunitie Thirdly to be ruled by them three in the contracting of Marriage by their assent And for the better effecting of these Treasons Cobham upon the 17. of June by the instigation of Rawleigh did write Letters to count Aremberge and delivered the said letters to one Mathew de Lawrencie who delivered them to the Count for the attaining of 600000. Crownes which money by other letters Aremberge did promise to performe payment of and those Letters Cobham did receive on the 18. of June then did Cobham promise Rawleigh that when hee should have received that money he would deliver 8000. Crownes to him to which motion he did consent And afterwards Cobham offered Brooke that when he should have received that money hee would give 10000. Crownes thereof to him to which motion Brooke did assent Master Serjeant Heale opened the matter and delivered the effect of the inditement In whose speech this was observed that he charged Sir Walter to have intended the Intitling of the Lady Arabella Steward to the Crowne who he said had no more title thereunto than he had himselfe and further said after a little pause that hee for his owne part did disclaime and renounce all title thereunto whereat Sir Walter Rawleigh smiled The Serjeant concluding Mr. Atturney Cooke began and with a long disourse amplified with vehement words and actions the severall treasons whereof Sr Walter stood indited wherein hee so farre moved Sir Walter that hee many times offered to make answer for himselfe before the Court would give him leave protesting Mr Atturney told him newes hee never heard of before and that his memory by reason of his sicknesse was so feeble that he could not remember so many circumstances as Mr. Atturney tired him withall But Mr. Atturney pressed the Lords that the Kings evidence ought not to be broken or dismembred whereby it might loose much of its grace and vigor notwithstanding it was yeelded when M. Atturney came to his proofe Sir Walter Rawleigh should have leave to answer his severall points as they were objected 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