Earl of Suffolk Lord Chamberlain Earl of Devon Lord Henry Howard Lord Cecil Earl of Salisbury Lord Wotton Sir Iohn Stanhope Vice-Chamberlain Lord Chief-Justice of England Popham Lord Chief-Justice of the Common-Pleas Anderson Justice Gaudie Justice Warburton and Sir William Wade Commissioners First The Commission of Oyer and Terminer was read by the Clerk of the Crown-Office and the Prisoner bid hold up his Hand And then presently the INDICTMENT was in effect as followeth THat he did Conspire and go about to deprive the King of his Government to raise up Sedition within the Realm to alter Religion to bring in the Roman Superstition and to procure Foreign Enemies to invade the Kingdoms That the Lord Cobham the ninth of June last did meet with the said Sir Walter Raleigh in Durham-House in the Parish of St. Martins in the Fields and then and there had Conference with him how to advance Arabella Stuart to the Crown and Royal Throne of this Kingdom and that then and there it was agreed that Cobham should treat with Aremberg Embassador from the Arch-Duke of Austria to obtain of him 600000 Crowns to bring to pass their intended Treasons It was agreed that Cobham should go to the Arch-Duke Albert to procure him to advance the pretended Title of Arabella from thence knowing that Albert had not sufficient means to maintain his own Army in the Low-Countries Cobham should go to Spain to procure the King to assist and further her pretended Title It was agreed the better to effect all this Conspiracy that Arabella should write three Letters one to the Arch-Duke another to the King of Spain and a third to the Duke of Savoy and promise three things First to establish firm Peace between England and Spain Secondly To tolerate the Popish and Roman Superstition Thirdly To be ruled by them in contracting of her Marriage And for the effecting these Traiterous Purposes Cobham should return by the Isle of Jersey and should find Sir Walter Raleigh Captain of the said Isle there and take Counsel of Raleigh for the distributing of the aforesaid Crowns as the Occasion or Discontentment of the Subjects should give cause and way And further That Cobham and his Brother Brook met on the 9th of June last and Cobham told Brook all these Treasons To the which Treasons Brook gave his Assent and did joyn himself to all these and after on the Thursday following Cobham and Brook did speak these words That there would never be a good World in England till the King meaning our Soveraign Lord and his Cubs meaning his Royal Issue were taken away And the more to disable and deprive the King of his Crown and to confirm the said Cobham in his Intents Raleigh did publish a Book falsly written against the most just and Royal Title of the King knowing the said Book to be written against the just Title of the King which Book Cobham after that received of him Further for the better effecting these Traiterous Purposes and to establish the said Brook in his Intent the said Cobham did deliver the said Book unto him the 14th of June And further the said Cobham on the 16th of June for accomplishment of the said Conference and by the traiterous Instigation of Raleigh did move Brook to incite Arabella to write to the three forenamed Princes to procure them to advance her Title and that she after she had obtained the Crown should promise to perform three things viz. Peace between England and Spain 2. To tolerate with impunity the Popish and Roman Superstitions 3. To be ruled by them three in the contracting of her Marriage To these Motions the said Brook gave his Assent And for the better effecting of the said Treasons Cobham on the seventeenth of June by the Instigation of Raleigh did write Letters to Count Aremberg and did deliver the said Letters to one Matthew de Lawrency to be delivered to the said Count which he did deliver for the obtaining of the 600000 Crowns which Money by other Letters Count Aremberg did promise to perform the payment of and this Letter Cobham received the eighteenth of June And then did Cobham promise to Raleigh that when he had received the said Mony he would deliver 8000 Crowns to him to which motion he did consent and afterwards Cobham offered Brook that after he should receive the said Crowns he would give to him 10000 thereof to which Motion Brook did assent To the Indictment Sir Walter Raleigh pleaded Not Guilty The JURY Sir Ralph Conisby Knights Sir Thomas Fowler Knights Sir Edward Peacock Knights Sir William Rowe Knights Henry Goodyer Esquires Roger Wood Esquires Thomas Walker Esquires Thomas Whitby Esquires Thomas Highgate Gentlemen Robert Kempthon Gentlemen Iohn Chawkey Gentlemen Robert Brumley Gentlemen Sir Walter Raleigh Prisoner was asked whether he would take Exceptions to any of the Jury Raleigh I know none of them they are all Christians and honest Gentlemen I except against none E. Suff. You Gentlemen of the Kings Learned Counsel follow the same course as you did the other day Raleigh My Lord I pray you I may answer the Points particularly as they are delivered by reason of the weakness of my memory and sickness Popham Chief Iustice. After the Kings Learned Counsel have delivered all the Evidence Sir Walter you may answer particularly to what you will Heale the Kings Serjeant at Law You have heard of Raleigh's bloody Attempts to kill the King and his Royal Progeny and in place thereof to advance one Arabella Stuart The particulars of the Indictment are these First That Raleigh met with Cobham the ninth of Iune and had Conference of an Invasion of a Rebellion and an Insurrection to be made by the King's Subjects to depose the King and to kill his Children poor Babes that never gave offence Here is Blood here is a new King and Governour In our King consists all our Happiness and the true use of the Gospel a thing which we all wished to be setled after the death of the Queen Here must be Money to do this for Money is the Sinew of War Where should that be had Count Aremberg must procure it of Philip King of Spain five or six hundred thousand Crowns and out of this Sum Raleigh must have eight thousand But what is that Count Aremberg though I am no good Frenchman yet it is as much as to say in English Earl of Aremberg Then there must be Friends to effect this Cobham must go to Albert Arch-Duke of Austria for whom Aremberg was Ambassador at that time in England And what then He must perswade the Duke to assist the pretended Title of Arabella From thence Cobham must go to the King of Spain and perswade him to assist the said Title Since the Conquest there was never the like Treason But out of whose Head came it Out of Raleigh's who must also advise Cobham to use his Brother Brook to incite the Lady Arabella to write three several Letters as aforesaid
in the Indictment all this was on the ninth of Iune Then three days after Brook was acquainted with it After this Cobham said to Brook It will never be well in England till the King and his Cubs are taken away Afterwards Raleigh delivered a Book to Cobham treacherously written against the Title of the King It appears that Cobham took Raleigh to be either a God or an Idol Cobham endeavours to set up a new King or Governour God forbid mine Eyes should ever see so unhappy a change As for the Lady Arabella she upon my Conscience hath no more title to the Crown than I have which before God I utterly renounce Cobham a Man bred in England hath no experience abroad but Raleigh a Man of great Wit Military and a Sword-man Now whether these things were bred in a hollow Tree I leave to them to speak of who can speak far better than my self And so sate him down again Sir Edward Cook the Kings Atturney I must first my Lords before I come to the Cause give one Caution because we shall often mention Persons of eminent Places some of them great Monarchs What ever we say of them we shall but repeat what others have said of them I mean the Capital Offenders in their Confessions We professing Law must speak reverently of Kings and Potentates I perceive these honourable Lords and the rest of this great Assembly are come to hear what hath been scattered upon the Wrack of Report We carry a just Mind to condemn no man but upon plain Evidence Here is Mischief Mischief in summo Gradu exorbitant Mischief My Speech shall chiefly touch these three Points Imitation Supportation and Defence The Imitation of Evil ever exceeds the Precedent as on the contrary Imitation of Good ever comes short Mischief cannot be supported but by Mischief yea it will so multiply that it will bring all to confusion Mischief is ever underprop'd by Falshood of foul Practices And because all these things did concur in this Treason you shall understand the Main as before you did the Bye The Treason of the Bye consisteth in these Points First That the Lord Grey Brook Markham and the rest intended by Force in the Night to surprize the King's Court which was a Rebellion in the Heart of the Realm yea in the Heart of the Heart in the Court They intended to take him that is a Sovereign to make him subject to their Power purposing to open the Doors with Musquets and Calievers and to take also the Prince and Council Then under the King's Authority to carry the King to the Tower and to make a Stale of the Admiral When they had the King there to extort three things from him First A Pardon for all their Treasons Secondly A Toleration of the Roman Superstition Which their Eyes shall sooner fall out than they shall ever see for the King hath spoken these words in the hearing of many I will lose the Crown and my Life before ever I will alter Religion And thirdly To remove Counsellors In the room of the Lord Chancellor they would have plac'd one Watson a Priest absurd in Humanity and ignorant in Divinity Brook of whom I will speak nothing Lord-Treasurer The great Secretary must be Markbam Oculus Patriae A Hole must be found in my Lord Chief Justice's Coat Grey must be Earl-Marshal and Master of the Horse because he would have a Table in the Court marry he would advance the Earl of Worcester to an higher Place All this cannot be done without a Multitude Therefore Watson the Priest tells a Resolute Man that the King was in danger of Puritans and Iesuites so to bring him in blindfold into the Action saying that the King is no King till he be Crown'd therefore every Man might right his own Wrongs but he is Rex natus His Dignity descends as well as yours my Lords Then Watson imposeth a blasphemous Oath That they should swear to defend the King's Person to keep secret what was given them in charge and seek all ways and means to advance the Catholick Religion Then they intend to send for the Lord Mayor and the Aldermen in the King's Name to the Tower lest they should make any Resistance and then to take Hostages of them and to enjoyn them to provide for them Victuals and Munition Grey because the King removed before Midsommer had a further reach to get a company of Sword-men to assist the Action Therefore he would stay till he had obtained a Regiment from Ostend or Austria So you see these Treasons were liste Sampson's Foxes which were joyned in their Tails though their Heads were severed Raleigh You Gentlemen of the Jury I pray remember I am not charged with the Bye being the Treason of the Priest Attorney You are not My Lords you shall observe three things in the Treasons First They had a Watch-word the King's safety their Pretence was Bonum in se their Intent was Malum in se. Secondly They avouched Scripture both the Priests had Scriptum est perverting and ignorantly mistaking the Scriptures Thirdly They avouched the Common Law to prove that he was no King till he was crowned alledging a Statute of Eliz. 13. This by way of Imitation hath been the course of all Traytors In the 20th of Edw. the 2 d Isabella the Queen and the Lord Mortimer gave out that the King's Person was not safe for the good of the Church and Common-wealth The Bishop of Carlile did preach on this Text My Head is grieved meaning by the Head the King that when the Head began to be Negligent the People might reform what is amiss In the 3 d Hen. 4. Sir Roger Claringdon accompanied with two Priests gave out that Richard the Second was Alive when he was Dead Edward the 3 d caused Mortimers Head to be cut off for giving counsel to murther the King The 3. Hen 7. Sir Henry Stanly found the Crown in the Dust and set it on the King's Head when Fitzwater and Garret told him that Edward the 5 th was alive he said If I be alive I will assist him But this cost him his Head Edmond de la Pool Duke of Suffolk killed a Man in the Reign of King Henry the 7 th for which the King would have him hold up his hand at the Bar and then Pardoned him Yet he took such an Offence thereat that he sent to the Noblemen to help to reform the Common-wealth and then said he would go to France and get Power there Sir Roger Compton knew all the Treason and discovered Windon and others that were Attainted He said there was another thing that would be stood upon namely that they had but one Witness Then he vouched one Appleyard's Case a Traytor in Norfolk who said a Man must have two Accusers Helms was the Man that accused him but Mr. Iust. Catlin said that that that Statute was not in force at that day His words were Thrust her into the Ditch Then he went
Daniel had not cried out Will you condemn an innocent Israelite without Examination or Knowledge of the Truth Remember it is absolutely the Commandment of God If a false Witness rise up you shall cause him to be brought before the Judges if he be found false he shall have the Punishment which the Accused should have had It is very sure for my Lord to accuse me is my certain Danger and it may be a means to excuse himself Lord Chief Iustice. There must not such a Gap be opened for the Destruction of the King as would be if we should grant this You plead hard for your self but the Laws plead as hard for the thing I did never hear that Course to be taken in a Case of Treason as to write one to another or speak one to another during the time of their Imprisonment There hath been Intelligence between you and what underhand Practices there may be I know not If the Circumstances agree not with the Evidence we will not condemn you Raleigh The King desires nothing but the knowledge of the Truth and would have no advantage taken by Severity of the Law If ever we had a Gracious King now we have I hope as he is such are his Ministers If there be but a Trial of five Marks at common Law a Witness must be deposed Good my Lords let my Accuser come face to face and be deposed Lord Chief Iustice. You have no Law for it God forbid any Man should accuse himself upon his Oath Attourney The Law presumes a Man will not accuse himself to accuse another You are an odious Man For Cobham thinks his Cause the worse that you are in it Now you shall hear of some Stirs to be raised in Scotland Part of Coplies Examination Also Watson told me that a special Person told him that Aremberg offer'd to him a thousand Crowns to be in that Action and that Brook said the Stirs in Scotland came out of Rawleigh's Head Raleigh Brook hath been taught his Lesson Lord H. How This Examination was taken before me Did I teach him his Lesson Raleigh I protest before God I meant it not by any Privy Counsellor but because Money is scant he will juggle on both sides Raleigh's Examination The way to invade England were to begin with Stirs in Scotland Raleigh I think so still I have spoken it to divers of the Lords of the Council by way of Discourse and Opinion Attourney Now let us come to those words of Destroying the King and his Cubs Raleigh O barbarous if they like unnatural Villains should use those words shall I be charged with them I will not hear it I was never any Plotter with them against my Country I was never false to the Crown of England I have spent 4000 Pounds of my own against the Spanish Faction for the Good of my Country Do you bring the words of these Hellish Spiders Clark Watson and others against me Attourney Thou hast a Spanish Heart and thy self art a Spider of Hell for thou confessest the King to be a most Sweet and Gracious Prince and yet hast conspired against him Watson's Examination read He said that George Brook told him twice That his Brother the Lord Cobham said to him that you are but on the Bye but Raleigh and I are on the Main Brook's Examination read Being askt what was meant by this Jargon the Bye and the Main he said That the Lord Cobham told him that Grey and others were in the Bye he and Raleigh were on the Main Being askt what Exposition his Brother made of these Words he said he is loth to repeat it And after saith by the Main was meant the taking away of the King and his Issue and thinks on his Conscience it was infused into his Brother's Head by Raleigh Cobham's Examination read Being askt if ever he had said It will never be well in England till the King and his Cubs were taken away He said he had answered before and that he would answer no more to that Point Raleigh I am not named in all this There is a Law of two sorts of Accusers one of his own Knowledg another by Hear-say Earl of Suffolk See the Case of Arnold Lord Chief Iustice. It is the Case of Sir Will. Thomas and Sir Nicholas Arnold Raleigh If this may be you will have any Mans Life in a Week Attourney Raleigh saith that Cobham was in a Passion when he said so Would he tell his Brother any thing of Malice against Raleigh whom he lov'd as his Life Raleigh Brook never loved me until his Brother had accused me he said nothing Lord Cecil We have heard nothing that might lead us to think that Brook accused you he was only in the Surprising Treason for by accusing you he should accuse his Brother Raleigh He doth not care much for that Lord Cecil I must judg the best The Accusation of his Brother was not Voluntary he pared every thing as much as he could to save his Brother Cobham's Examination read He saith he had a Book written against the Title of the King which he had of Raleigh and that he gave it to his Brother Brook and Raleigh said it was foolishly written Attorney After the King came within twelve miles of London Cobham never came to see him and intended to travel without seeing the Queen and the Prince Now in this Discontentment you gave him the Book and he gave it his Brother Raleigh I never gave it him he took it off my Table For I well remember a little before that time I received a Challenge from Sir Amias Preston and for that I did intend to answer it I resolved to leave my Estate setled therefore laid out all my loose Papers amongst which was this Book Lord Howard Where had you this Book Raleigh In the old Lord Treasurers Study after his Death Lord Cecil Did you ever shew or make known the Book to me Raleigh No my Lord. Lord Cecil My Father being employed in the Affairs of State at that time it was like enough he had many Books and Papers written against the then Queen and State which might come to his hands by the Discovery of such Offences Attourney I observe there was Intelligence between you and Cobham in the Tower for after he said it vvas against the King's Title he denied it again Sir William Wade First my Lord Cobham confesseth it and after he had subscribed it he revoked it again To me he always said that the Drift of it was against the King's Title Raleigh I protest before God and all his Works I gave him not the Book Nota. Sir Robert Wroth speaketh or whispereth something secretly Attourney My Lords I must complain of Sir Robert Wroth he sayes this Evidence is not material Sir Robert Wroth. I never spake the vvords Attourney Let Mr. Serjeant Philips testifie vvhether he heard him say the Words or no. Lord Cecil I will give my Word for Sir Robert Wroth. Sir Robert Wroth.
on speaking of Accusers and made this difference An Accuser is a speaker by Report when a Witness is he that upon his Oath shall speak his knowledg of any Man A third sort of Evidence there is likewise and this is held more forcible than either of the other two and that is when a Man by his Accusation of another shall by the same Accusation also condemn himself and make himself liable to the same Fault and Punishment this is more forcible than many Witnesses So then so much by way of Imitation Then he defined Treason there is Treason in the Heart in the Hand in the Mouth in Consummation comparing that in Corde to the Root of a Tree in Ore to the Bud in Manu to the Blossom and that which is in Consummatione to the Fruit. Now I come to your Charge you of the Jury The greatness of Treason is to be considered in these two things Determinatione finis and Electione mediorum This Treason excelleth in both for that it was to destroy the King and his Progeny These Treasons are said to be Crimen laesae Majestatis this goeth further and may be term'd Crimen exterpandae Regiae Majestatis totius Progeniei suae I shall not need my Lords to speak any thing concerning the King nor of the Bounty and Sweetness of his Nature whose Thoughts are Innocent whose Words are full of Wisdom and Learning and whose Works are full of Honour although it be a true saying Nunquam nimis quod nunquam satis But to whom do you bear your Malice to the Children Raleigh To whom speak you this You tell me News I never heard of Attourney Oh Sir do I I will prove you the Notoriousest Traytor that ever came to the Bar. After you have taken away the King you would alter Religion as you Sir Walter Raleigh have followed them of the Bye in Imitation for I will charge you with the words Raleigh Your words cannot condemn me my Innocency is my Defence Prove one of these things wherewith you have Charg'd me and I will confess the whole Indictment and that I am the horriblest Traytor that ever lived and worthy to be Crucifi'd with a thousand thousand Torments Attourney Nay I will prove all Thou art a Monster thou hast an English Face but a Spanish Heart Now you must have Money Aremberg was no sooner in England I Charge thee Raleigh but thou incitedst Cobham to go unto him and to deal with him for Money to bestow on discontented Persons to raise Rebellion on the Kingdom Raleigh Let me Answer for my self Attourney Thou shalt not Raleigh It concerneth my Life Lord Chief Iustice Popham Sir Walter Raleigh Mr. Attourney is but yet in the General but when the Kings Counsel have given the Evidence wholly you shall Answer every Particular Attourney Oh! do I touch you Lord Cecil Mr. Attourney when you have done with this General Charge do you not mean to let him answer to every Particular Attourney Yes when we deliver the Proofs to be read Raleigh procured Cobham to go to Aremberg which he did by his Instigation Raleigh supped with Cobham before he went to Aremberg after Supper Raleigh conducted him to Durham House from whence Cobham went with Lawrency a Servant of Aremberg's unto him and went in by a Back-way Cobham could never be quiet until he had entertain'd this Motion for he had four Letters from Raleigh Aremberg answered the Money should be performed but knew not to whom it should be distributed Then Cobham Lawrency came back to Durham House where they found Raleigh Cobham and Raleigh went up and left Lawrency below where they had secret Conference in a Gallery and after Cobham and Lawrency departed from Raleigh Your Jargon was Peace What is that Spanish Invasion Scottish Subversion And again you are not a fit Man to take so much Money for procuring of a Lawful Peace for Peace procur'd by Money is dishonourable Then Cobham must go to Spain and return by Iersey where you were Captain And then because Cobham had not so much Policy or at least Wickedness as you he must have your advice for the distribution of the Money Would you have deposed so good a King lineally descended of Elizabeth Eldest Daughter of Edward the 4 th why then must you set up another I think you meant to make Arabella a Titular Queen of whose Title I will speak nothing but sure you meant to make her a Stale Ah good Lady you could mean her no good Raleigh You tell me News Mr. Attourney Attourney Oh Sir I am the more large because I know with whom I deal For we have to deal to day with a Man of Wit Raleigh Did I ever speak with this Lady Attourney I vvill track you out before I have done English-Men vvill not be led by persvvasion of Words but they must have Books to persvvade Raleigh The Book vvas written by a Man of your Profession Mr. Attourney Attourney I vvould not have you Impatient Raleigh Methinks you fall out vvith your self I say nothing Attourney By this Book you vvould persvvade Men that he is not the Lavvful King Novv let us consider some Circumstances My Lords you know my Lord Cobham for vvhom vve all Lament and Rejoyce Lament in that his House which hath stood so long unspotted is now Ruinated Rejoyce in that his Treasons are Reveal'd he is neither Politician nor Sword-Man Raleigh was both united in the Cause with him and therefore cause of his Destruction Another Circumstance is the secret Contriving of it Humphry Stafford claimed Sanctuary for Treason Raleigh in his Machivilian Policy hath made a Sanctuary for Treason He must talk with none but Cobham because saith he one Witness can never condemn me For Brook said unto Sir Griffith Markham Take heed how you do make my Lord Cobham acquainted for whatsoever he knoweth Raleigh the Witch will get it out of him As soon as Raleigh was examined on one Point of Treason concerning my Lord Cobham he wrote to him thus I have been examined of you and confessed nothing Further you sent to him by your trusty Francis Kemish that one Witness could not condemn and therefore bad his Lordship be of good Courage Came this out of Cobham's Quiver No But out of Raleigh's Machivilian and Devilish Policy Yea but Cobham did retract it Why then did you urge it Now then see the most horrible Practices that ever came out of the bottomless Pit of the Lowest Hell After that Raleigh had Intelligence that Cobham had Accused him he endeavoured to have Intelligence from Cobham which he had gotten by young Sir Iohn Payton But I think it was the Error of his Youth Raleigh The Lords told it me or else I had not been sent to the Tower Attourney Thus Cobham by the Instigation of Raleigh entred into these Actions So that the Question will be Whether you are not the principal Traitor and he would nevertheless have entred into it Why
Cobham's I hear no other thing to which Accusation he never subscribed nor avouched it I beseech you my Lords let Cobham be sent for charge him on his Soul on his Allegiance to the King if he affirm it I am Guilty Lord Cecil It is the Accusation of my Lord Cobham it is the Evidence against you must it not be of force without his Subscription I desire to be resolved by the Judges whether by the Law it is not a forcible Argument of Evidence The Iudges My Lord it is Raleigh The King at his Coronation is sworn In omnibus Iudiciis suis Aequitatem non Rigorem Legis observare By the Rigour and Cruelty of the Law it may be a forcible Evidence Lord Chief Iustice. That is not the Rigour of the Law but the Justice of the Law else when a Man hath made a plain Accusation by Practice he might be brought to retract it again Raleigh Oh my Lord you may use Equity Lord Chief Iustice. That is from the King you are to have Justice from us Lord Anderson The Law is if the Matter be proved to the Jury they must find you Guilty for Cobham's Accusation is not only against you there are other things sufficient Lord Cecil Now that Sir Walter Raleigh is satisfied that Cobham's Subscription is not necessary I pray you Mr. Attourney go on Raleigh Good Mr. Attourney be patient and give me leave Lord Cecil An unnecessary Patience is a hindrance let him go on with his Proofs and then refel them Raleigh I would answer particularly Lord Cecil If you would have a Table and Pen and Ink you shall Then Paper and Ink was given him Here the Clerk of the Crown read the Letter which the Lord Cobham did write in Iuly which was to the effect of his former Examination further saying I have disclosed all to accuse any one falsly were to burthen my own Conscience Attourney Read Coplies Confession the 8 th of Iune he saith He was offered 1000 Crowns to be in this Action Here Watson's Additions were read The great Mass of Money from the Count was impossible saith Brook c. Brook's Confession read There have Letters passed saith he between Cobham and Aremberg for a great Sum of Money to assist a second Action for the surprising of his Majesty Attourney It is not possible it was of Passion for it was in talk before three Men being severally examined who agreed in the Sum to be bestowed on discontented Persons That Grey should have 12000 Crowns and Raleigh should have 8000 or 10000 Crowns Cobham's Examination Iuly 18. If the Money might be procured saith he then a Man may give Pensions Being asked if a Pension should not be given to his Brother Brook he denied it not Lawrency's Examination Within five days after Aremberg arrived Cobham resorted unto him That Night that Cobham went to Aremberg with Lawrency Raleigh supped with him Attourney Raleigh must have his part of the Money therefore now he is a Traytor The Crown shall never stand one Year on the Head of the King my Master if a Traytor may not be condemned by Circumstances For if A. tells B. and B. tells C. and C. D. c. you shall never prove Treason by two Witnesses Raleigh's Examination was read He confesseth Cobham offered him 8000 Crowns which he was to have for the furtherance of the Peace between England and Spain and that he should have it within three days To which he said he gave this Answer When I see the Money I will tell you more for I had thought it had been one of his ordinary idle Conceipts and therefore made no accompt thereof Raleigh The Attourney hath made a long Narration of Copley and the Priests which concerns me nothing neither know I how Cobham was alter'd For he told me if I would agree to further the Peace he would get me 8000 Crowns I asked him Who shall have the rest of the Money He said I will offer such a Noble-Man who was not named some of the Money I said he will not be perswaded by you and he will extreamly hate you for such a Motion Let me be pinched to Death with hot Irons if ever I knew there was any Intention to bestow the Money on discontented Persons I had made a Discourse against the Peace and would have printed it If Cobham changed his mind if the Priests if Brook had any such intent what is that to me They must answer for it He offered me the Money before Aremberg came that is difference of time Serjeant Philips Raleigh confesseth the Matter but avoideth it by distinguishing of Times You said it was offered you before the coming of Aremberg which is false For you being examined whether you should have such Money of Cobham or not You said yea and that you should have it within two or three days Nemo moriturus presumitur mentiri Lord Hen. How Alledg me any Ground or Cause wherefore you gave ear to my Lord Cobham for receiving Pensions in Matters you had not to deal with Raleigh Could I stop my Lord Cobham's Mouth Lord Cecil Sir Walter Raleigh presseth that my Lord Cobham should be brought face to face If he ask things of Favour and Grace they must come only from him that can give them If we sit here as Commissioners how shall we be satisfied whether he ought to be brought unless we hear the Judges speak Lord Chief Iustice. This thing cannot be granted for then a number of Treasons should flourish The Accuser may be drawn by Practice whilst he is in Person Iudg Gawdy The Statute you speak of concerning two Witnesses in case of Treason is found to be inconvenient therefore by another Law it was taken away Raleigh The common Trial of England is by Jury and Witnesses Lord Chief Iustice. No by Examination If three conspire a Treason and they all confess it here is never a Witness yet they are condemned Iudg Warburton I marvel Sir Walter that you being of such Experience and Wit should stand on this Point for so many Horse-stealers may escape if they may not be condemned without Witnesses If one should rush into the King's Privy-Chamber whilst he is alone and kill the King which God forbid and this Man be met coming with his Sword drawn all bloody shall not he be condemned to Death My Lord Cobham hath perhaps been laboured withal and to save you his old Friend it may be that he vvill deny all that vvhich he hath said Raleigh I know not how you conceive the Law Lord Chief Iustice. Nay vve do not conceive the Law but we know the Law Raleigh The Wisdom of the Law of God is absolute and perfect Haec fac vives c. But now by the Wisdom of the State the Wisdom of the Law is uncertain Indeed where the Accuser is not to be had conveniently I agree with you but here my Accuser may he is alive and in the House Susanna had been condemned if
Citizens to an Insurrection But the City then being Rich was not so apt to rebel Rebellion being usually the Daughter of Poverty and Discontent For these Treasonable Actions being found guilty he was condemned and executed That he died bravely and like a Gentleman is not to be question'd but that Sir Walter Raleigh should come openly to see him die on purpose only to fat his Eyes with the Sacrifice of his Enemy can never be granted if we may believe himself in the same circumstances on the Scaffold where he told his Auditors on the words of a Dying-man he only came there to defend himself if any thing had been urg'd against him by the Earl Thus ended that Favourite whose Death struck a damp on the Queens prosperous days and gave blackness to her declining Reign This Blow like that of Gunpowder not only blew up his Friends and Neighbours but shook his Enemies at a distance for it reach'd Sir Walter too who wanting strength to grapple with his Rival the Treasurer and not owning humility enough to be his Servant perish'd at last in the Encounter This himself presag'd if we may believe Osborn as he came from the Execution of Essex in a Boat when he was heard to say That it was more safe to have many Enemies at Court of equal power than one false and ambitious Friend who hath attain'd to the absoluteness of Command The Queen could not long survive her Favourite for I find her Death to be the next year following A Queen who had enrich'd the Nation reform'd Religion curb'd the Pride of Spain supported France preserv'd Scotland protected the Hollander against the Spaniard and had vanquish'd his Armies by Sea and Land reduc'd Ireland to obedience notwithstanding all the subtil Practices of Spain and open Assistance given in Arms to her Irish Rebels with many other things which might seem too much to be the Atchievements of one Reign King James her Successor came to the possession of a Kingdom arrived at the heighth of Prosperity which like other Bodies when they are at their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tend to Corruption and degenerate This Sir Walter perceiv'd would have as he thought remedied Sir Iohn Fortescue the Lord Cobham Sir Walter and others would have obliged the King by Articles before his coming to the Crown that his Country-mens number should be limited But this was stopt by the prudent Treasurer and the bold Northumberland Sir Walter fear'd that the Scots like Locusts would quickly devour this Kingdom it being probable that like the Goths and Vandals they would settle in any Country rather than their own and would make it their business to render our Nation as poor as their own for this he with the rest of them was afterwards frown'd on by the King and lost his Command of the Guards However Sir Walter still pursued the Good and Glory of his Country and as formerly in Active Times gave his Advice against the Peace with Spain which might now with no great difficulty be brought on its knees At the entrance of the King he presented him with a Manuscript of his own writing with no weak Arguments against the Peace But Sir VValter was mistaken for his Counsel was ill tim'd and a new Part was now to be acted the Scene being changed Peace was the King's Aim whether out of Fear or Religious Principles I determine not But with Spain a Peace is concluded with an Enemy already humbled who now had time given them to recover their former Losses and were as it were cherish'd to assault us with the greater vigor which how true it proved every Man can tell And as if the King would quite run counter to the Queens Politiques the Estates of the Netherlands are despised slighted and deserted under pretence that it were of ill example for a Monarch to protect them The King is hardly warm in his Throne but there is a great noise of a Plot generally call'd Sir Walter Raleigh's Treason but upon vvhat Grounds I know not since he had the least hand in it as by his Tryal will appear A Plot that is still a Mystery and hath a Vail spread over it A Plot compos'd of such a Hodg-podg of Religion and Interests that the World stands amazed Sir Walter Raleigh should ever be drawn into it A Plot so unlikely to hurt others or benefit themselves that as Osborn tells us If ever Folly was capable of the title or Pity due to Innocence theirs might claim so large a share as not possibly to be too severely condemn'd or slightly enough punished Envy and Disdain as Sir Walter has told us in his Remains seek Innovation by Faction Discontent is the great Seducer which at first put him to search into a Plot he afterwards was betray'd into The chief Ingredients in this Medley were two Priests Watson and Clerk and Count Arembergh Ambassador Extraordinary for the Arch-Duke who brought in Cobham and he his Brother George Brook both Protestants at least seeming so George Brook hook'd in Parham and others and they the Lord Grey of Wilton a rank Puritan then came in Sir Walter the wisest of them all according to Sanderson who as he tells us dallied like a Fly in the flame till it consum'd him Willing he was to know it and thought by his Wit to over-reach the Confederates whom he knew well enough thô he dealt with none but Cobham as I can find out One Mr. Lawrency an Antwerp-Merchant was the property made use of by Arembergh and a Crony of the Lord Cobhams These carried on the Contrivance a long while which as Sanderson tells us was betray'd by Lawrency and the vigilancy of Cecil And indeed it was morally impossible that so many disagreeing weak Souls should carry on a Project without taking Air the least glimpse being enough to give light to the States-men of those times Their Designs were 1. To set the Crown on the Lady Arabella or to seize the King and make him grant their Desires and a Pardon 2. To have a Toleration of Religion 3. To procure Aid and Assistance from Foreign Princes 4. To turn out of the Court such as they dislik'd and place themselves in Offices Watson to be Lord-Chancellor George Brook Lord-Treasurer Sir Griffin Markham Secretary of State Lord Grey Master of the Horse and Earl-Marshal of England But it seems they made no provision for Sir Walter which is no inconsiderable Argument of his Innocency who could have deserv'd and might have expected as great a Reward as any of them had he been engaged in the Plot. To oblige to Secrecy VVatson draws up an Oath But all is betray'd they are seiz'd examin'd and try'd How well or ill Sir Walter has acquitted himself we shall leave to the Opinion of the Readers of the following TRYAL which was exactly and faithfully taken THE ARRAIGNMENT OF Sir Walter Raleigh Knight AT Winton Thursday the 17th of November Anno Dom. 1603 before the Right Honourable The
did Cobham retract all that same First because Raleigh was so Odious he thought he should fare the worse for his sake Secondly he thought thus with himself If he be free I shall clear my self the better After this Cobham asked for a Preacher to Confer with pretending to have Doctor Andrews but indeed he meant not to have him but Mr. Galloway a Worthy and Reverend Preacher who can do more with the King as he said than any other that he seeing his constant Denial might inform the King thereof Here he plays with the Preacher If Raleigh could perswade the Lords that Cobham had no Intent to travel then he thought all should be well Here is Forgery In the Tower Cobham must write to Sir Thomas Vane a worthy Man that he meant not to go into Spain which Lettter Raleigh devised in Cobham's Name Raleigh I will wash my hands of the Indictment and die a true Man to the King Attourney You are the absolutest Traytor that ever was Raleigh Your Phrases will not prove it Mr. Attourney Attourney Cobham writeth a Letter to my Lord Cecil and doth will Mellis his Man to lay it in a Spanish Bible and to make as though he found it by chance This was after he had Intelligence with this Viper that he was false Lord Cecil You mean a Letter intended to me I never had it Attourney No my Lord you had it not You my Masters of the Jury respect not the Wickedness and Hatred of the Man respect his Cause if he be guilty I know you will have care of it for the Preservation of the King the Continuance of the Gospel authorised and the Good of us all Raleigh I do not hear yet that you have spoken one word against me here is no Treason of mine done If my Lord Cobham be a Traytor what is that to me Attourney All that he did was by thy Instigation thou Viper for I thou thee thou Traytor Raleigh It becometh not a Man of Quality and Virtue to call me so But I take comfort in it it is all you can do Attourney Have I anger'd you Raleigh I am in no Case to be angry Popham Sir Walter Raleigh Mr. Attourney speaketh out of the Zeal of his Duty for the Service of the King and you for your Life be valiant on both sides Now they proceed to the Reading the Proofs The Lord Cobham's Examination Read He confesseth he had a Passport to go into Spain intending to go to the Arch-Duke to confer with him about these Practices and because he knew the Arch-Duke had not Money to pay his own Army from thence he meant to go to Spain to deal with the King for the 600000 Crowns and to return by Iersey and that nothing should be done until he had spoken with Sir Walter Raleigh for distribution of the Money to them which were discontented in England At the first beginning he breathed out Oaths and Exclamations against Raleigh calling him Villain and Traytor saying he had never entred into these Courses but by his Instigation and that he would never let him alone Here Mr. Attourney willed the Clerk of the Crown Office to read over these last words again he would never let him alone The Lord Cobham's Examination Besides he spake of Plots and Invasions Of the Particulars whereof he could give no Account though Raleigh and he had conferred of them Further he said He was afraid of Raleigh that when he should return by Iersey that he would have him and the Money to the King Being Examined of Sir Arthur Gorge he freed him saying They never durst trust him but Sir Arthur Savage they intended to use because they thought him a fit Man Raleigh Let me see the Accusation This is absolutely all the Evidence can be brought against me poor shifts You Gentlemen of the Jury I pray you understand this This is that which must either condemn or give me Life which must free me or send my Wife and Children to beg their Bread about the Streets This is that must prove me a notorious Traytor or a true Subject to the King Let me see my Accusation that I may make my Answer Clerk of the Council I did read it and shew you all the Examinations Raleigh At my first Examination at Windsor my Lords asked me what I knew of Cobham's Practice with Aremberg I answered Negatively And as concerning Arabella I protest before God I never heard one word of it If that be proved let me be guilty of ten thousand Treasons It is a strange thing you will impute that to me when I never heard so much as the Name of Arabella Stuart but only the Name of Arabella After being Examined I told my Lords that I thought my Lord Cobham had Conference with Aremberg I suspected his Visiting of him For after he departed from me at Durham House I saw him pass by his own Stairs and passed over to St. Mary Saviours where I knew Lawrency a Merchant and a Follower of Aremberg lay and therefore likely to go unto him My Lord Cecil asked my Opinion concerning Lawrency I said that if you do not apprehend Lawrency it is dangerous he will flie if you do apprehend him you shall give my Lord Cobham notice thereof I was asked likewise who was the greatest Man with my Lord Cobham I answered I knew no Man so great with him as young Wyat of Kent Assoon as Cobham saw my Letter to have discovered his Dealing with Aremberg in his Fury he accused me but before he came to the Stair-foot he repented and said he had done me wrong When he came to the end of his Accusation he added That if he had brought this Money to Jersey he fear'd that I would have deliver'd him and the Money to the King Mr. Atturney you said this never came out of Cobham's Quiver he is a simple Man Is he so simple No He hath a Disposition of his own he will not easily be guided by others but when he has once taken Head in a Matter he is not easily drawn from it he is no Babe But it is strange for me to devise with Cobham that he should go to Spain to perswade the King to disburse so much Money he being a Man of no Love in England and I having resigned my room of chiefest Command the Wardenship of the Stanneries Is it not strange for me to make my self Robin Hood or a Kett or a Cade I knowing England to be in better Estate to defend it self than ever it was I knew Scotland United Ireland Quieted wherein of late our Forces were dispersed Denmark assured which before was Suspected I knew that having a Lady whom Time had surprized we had now an active King a lawful Successor who would himself be present in all his Affairs The State of Spain was not unknown to me I had written a Discourse which I had intended to present unto the King against Peace with Spain I knew the Spaniard had six
of his Conferences with Aremberg he would surely have given me some account L. Cecil That follows not If I set you on work and you give me no account am I therefore innocent Attourney For the Lady Arabella I said she was never acquainted with the matter Now that Raleigh had Conference in all these Treasons it is manifest The Jury hath heard the matter There is one Dyer a Pilot that being in Lisbon met with a Portugal Gentleman who ask'd him if the King of England was crown'd yet To whom he answered I think not yet but he shall be shortly Nay saith the Portugal that shall never be for his Throat will be cut by Don Raleigh and Don Cobham before he be crowned Dyer was called and sworn and delivered this Evidence Dyer I came to a Merchants House in Lisbon to see a Boy that I had there there came a Gentleman into the House and enquiring what Countryman I was I said an Englishman VVhereupon he asked me if the King was crowned And I answered No but that I hoped he should be so shortly Nay saith he he shall never be crowned for Don Raleigh and Don Cobham will cut his Throat ere that day come Raleigh What infer you upon this Attourney That your Treason hath wings Raleigh If Cobham did practice with Aremberg how could it not but be known in Spain Why did they name the Duke of Buckingham with Jack Straw's Treason and the Duke of York with Jack Cade but that it was to countenance his Treason Consider you Gentlemen of the Jury there is no Cause so doubtful which the Kings Counsel cannot make good against the Law Consider my Disability and their Ability They prove nothing against me only they bring the Accusation of my Lord Cobham which he hath lamented and repented as heartily as if it had been for an horrible Murther for he knew that all this Sorrow which should come to me is by his means Presumptions must proceed from precedent or subsequent Facts I have spent 40000 Crowns against the Spaniard I had not purchased 40 Pound a Year If I had died in Guiana I had not left 300 Marks a Year to my Wife and Son I that have always condemned the Spanish Faction methinks it is a strange thing that now I should affect it Remember what St. Austin says Sic judicate tanquam ab alio mox judicandi unus Iudex unum Tribunal If you would be contented on Presumptions to be delivered up to be slaughtered to have your Wives and Children turned into the Streets to beg their Bread If you would be contented to be so judged judg so of me Serj. Philips I hope to make this so clear as that the Wit of Man shall have no Colour to answer it The Matter is Treason in the highest Degree the end to deprive the King of his Crown The particular Treasons are these First To raise up Rebellion and to effect that to procure Money to raise up Tumults in Scotland by divulging a Treasonable Book against the Kings Right to the Crown the Purpose to take away the Life of his Majesty and his Issue My Lord Cobham confesseth Sir Walter Raleigh to be guilty of all these Treasons The Question is Whether he be guilty as joyning with him or instigating of him The Course to prove this was by my Lord Cobham's Accusation If that be true he is guilty if not he is clear So whether Cobham say true or Raleigh That is the Question Raleigh hath no Answer but the Shadow of as much Wit as the Wit of Man can devise He useth his bare Denial the Denial of a Defendant must not move the Jury In the Star-Chamber or in the Chancery for matter of Title if the Defendant be called in Question his Denial on his Oath is no Evidence to the Court to clear him he doth it in propria causa therefore much less in Matters of Treason Cobham's Testification against him before then and since hath been largely discoursed Raleigh If Truth be constant and Constancy be in Truth why hath he forsworn that that he hath said You have not proved any one thing against me by direct Proofs but all by Circumstances Attourney Have you done The King must have the last Raleigh Nay Mr. Attourney he which speaketh for his Life must speak last False Repetitions and Mistakings must not mar my Cause You should speak secundum allegata probata I appeal to God and the King in this Point whether Cobham's Accusation be sufficient to condemn me Attourney The Kings Safety and your Clearing cannot agree I protest before God I never knew a clearer Treason Raleigh I never had Intelligence with Cobham since I came to the Tower Attourney Go too I will lay thee upon thy Back for the confidentest Traytor that ever came at a Bar. Why should you take 8000 Crowns for a Peace Lord Cecil Be not so impatient good Mr. Attourney give him leave to speak Attourney If I may not be patiently heard you will incourage Traytors and discourage us I am the King 's sworn Servant and must speak If he be guilty he is a Traytor if not deliver him Nota. Here Mr. Attourney sat down in a Chafe and would speak no more until the Commissioners urged and intreated him After much ado he went on and made a long Repetition of all the Evidence for the direction of the Iury and at the repeating of some things Sir Walter Raleigh interrupted him and said He did him wrong Attourney Thou art the most vile and execrable Traytor that ever lived Raleigh You speak indiscreetly barbarously and uncivilly Attourney I want words sufficient to express thy viperous Treasons Raleigh I think you want words indeed for you have spoken one thing half a dozen times Attourney Thou art an odious Fellow thy Name is hateful to all the Realm of England for thy Pride Raleigh It will go near to prove a measuring Cast between you and me Mr. Attourney Attourney Well I will now make it appear to the World that there never lived a viler Viper upon the face of the Earth than thou and therewithal he drew a Letter out of his Pocket saying further My Lords you shall see this is an Agent that hath writ a Treatise against the Spaniard and hath ever so detested him this is he that hath spent so much Money against him in Service and yet you shall all see whether his Heart be not wholly Spanish The Lord Cobham who of his own nature was a good and honourable Gentleman till overtaken by this Wretch now finding his Conscience heavily burthened with some Courses which the Subtilty of this Traytor had drawn him into my Lords he could be at no rest with himself nor quiet in his thoughts until he was eased of that heavy weight out of which Passion of his Mind and Discharge of his Duty to his Prince and his Conscience to God taking it upon his Salvation that he wrote nothing but the Truth with
or any other Wares or Merchandizes or Commodities whatsoever as they shall think most fit and convenient and the same being so Returned Imported Conveyed and Brought into this Our Kingdom or any other Our Dominions to have take keep retain and convert to the only proper Use Benefit and Behoof of the said Sir Walter Raleigh and his said Company and other Persons Adventurers and Assistants with or to him in his Uoyage without the Let Interruption Molestation and Disturbance of Us Our Heirs or Successors or any the Officers or Ministers of Us Our Heirs or Successors whatsoever Paying and Answering unto Us Our Heirs and Successors the full fifth part in five parts to be divided of all such Gold and Silver and Bullion and Oar of Gold or Silver and Pearl and precious Stones as shall be Imported over and besides and together with such Customs Subsidies and other Duties as shall be due for or in respect of any other Goods Wares or Merchandizes whatsoever to be so Imported by the true meaning of these Presents And to the end the said Sir Walter Raleigh may be the more Encouraged to go forward in this his Enterprise and all Our loving Subjects desirous to be Adventurers with him or Assistant unto him may be the more incited to further his Proceedings We do hereby in verbo Regio for Us Our Heirs and Successors Covenant Promise and Grant to and with the said Sir Walter Raleigh and all other Persons that shall accompany him or to be attendant upon him or to be Adventurers or Asistants with or to him in this his Uoyage that no Gold Silver Goods Wares or Merchandizes whatsoever of what kind or sort soever by him or them or any of them to be Imported into this Our Kingdom of England or any other Our Dominions from any the said South or other parts of America Possessed or Inhabited as aforesaid shall be attached seized or taken by Us Our Heirs or Successors or to the use of Us Our Heirs or Successors or by any the Officers or Ministers of Us Our Heirs or Successors whatsoever But that the same and every of them the fifth part of the said Gold Silver or Bullion and Oar of Gold and Silver and Pearl and precious Stones and other the Customs and Duties aforesaid being truly answered and payed shall be and remain to the sole and proper use and behoof of the said Sir Walter Raleigh and his said Company and such Persons as shall be Adventurers with him or Assistant to him in this his Uoyage any Law Statute Act of Parliament Proclamation Provision or Restraint or any Right Title or Claim of Us Our Heirs or Successors or any other matter or thing whatsoever to the contrary in any wise notwithstanding And further of Our more especial Grace certain Knowledg and meer Motion We do hereby for Us Our Heirs and Successors ordain constitute and appoint the said Sir Walter Raleigh to be the sole Governour and Commander of all Persons that shall travel or be with him in the said Uoyage to the said South or other parts of America so possessed and inhabited as aforesaid or in returning from thence And we do hereby give unto him full Power and Authority to Correct Punish Pardon Govern and Rule them or any of them according to such Orders Ordinances Constitutions Directions and Instructions as by the said Sir Walter Raleigh shall be from time to time Established aswel in cases Capital and Criminal as Civil both Marine and other So always as the said Statutes Ordinances and Proceedings as near as conveniently may be be agreeable to the Laws Statuts Government and Policy of this Our Realm of England and not against the true Christian Faith now professed in the Church of England And because that in such and the like Enterprises and Uoyages great Inconveniencies have grown by the mutinous and disorderly carriage of the Mariners and Saylors employed in the same for want of sufficient Authority to punish them according to their Offences We do therefore by these Presents for Us Our Heirs and Successors give full Power and Authority to the said Sir Walter Raleigh in case of Rebellion or Mutiny by Sea or Land to use and exercise Martial Law upon just ground and apparent necessity in as large and ample manner as our Lieutenant General by Sea or Land or our Lieutenants in Our Counties within Our Realm of England have had or ought to have by force of their Commission of Lieutenancy And we do further by these Presents give full Power and Authority to the said Sir Walter Raleigh to Collect Nominate and Appoint such Captains and other inferiour Commanders and Ministers under him as shall be requisite for the better ordering and governing of his Company and the good of the Uoyage And further We do by these Presents for Us Our Heirs and Successors straightly Charge and Command the Warden of Our Cinque Ports and all the Customers Comptrollers Surveyers Searchers Waiters and other Officers and Ministers of Us Our Heirs and Successors for the time being that they and every of them do quietly permit and suffer the said Sir Walter Raleigh and all Person and Persons that shall be willing to Travel and Adventure with him in this Uoyage with their Ships Munition Goods Wares and Merchandizes whatsoever out of this Our Realm or any other Our Dominions to pass into the said South or other parts of America Possessed and Inhabited as aforesaid and from thence to return and import into this Our Realm or any other Our Dominions any Goods Wares or Merchandizes whatsoever and there to Sell or otherwise dispose of the same to the best benefit and advantage and to the only use and behoof of the said Sir Walter Raleigh and his Company and such other Persons as shall be Adventurers with him in this Uoyage paying the fifth part of all Gold and Silver and Bullion and Oar of Gold and Silver and of Pearl and precious Stones imported and other the Customs and Duties aforesaid And these Presents or the Inrolment thereof shall be unto the said Wardens of the Cinque Ports Customers Comptrollers and other the Officers and Ministers aforesaid for the time being a sufficient Warrant and Discharge in that behalf And Our Will and Pleasure is And by these Presents for Us Our Heirs and Successors We do grant unto the said Sir Walter Raleigh That these Our Letters Patents or the Inrolment thereof and all and singular Grants Clauses and things therein contained shall be firm strong sufficient and effectual in Law according to Our gracious Pleasure and Meaning herein expressed Any Law Statute Act Provision Ordinance or Restraint or any other Matter or Thing to the contrary thereof in any wise notwithstanding Although express mention c. In Witness whereof c. Witness Our Self at Westminster the six and twentieth Day of August in the fourteenth Year of Our Reign of England France and Ireland and of Scotland the fiftieth Per breve
de privato Sigillo With this Commission and the Company of several brave Captains and other Knights and Gentlemen of great Blood and Worth he set out in Quest of the Mine with a compleat Fleet of Twelve Sail letting fall a Speech at his Departure which was rather an Argument of his Wit than his Wisdom That his whole History of the World had not the like President Of a Kings Prisoner to purchase Freedom and his bosome Favourite to have the Halter but in Scripture Mordecai and Haman Meaning himself and the Duke of Sommerset To which he was told that the King replied He might die in that Deceit which he did for Sommerset was saved Of whom was made good what Sir Walter used to say of Favourites That Minions were not so happy as Vulgar Judgments thought them being frequently commanded to uncomely and sometimes to unnatural Imployments On the 17 th of November he arrived at Guiana having been much retarted by contrary Winds and having lost several of his Voluntiers in the Voyage by a violent Calenture But of the whole Transactions Sir Walter hath given us an exact Account in his Letter to Sir Ralph Winwood Secretary which I have here transcribed Sir AS I have not hitherto given you any Account of our Proceedings and Passages towards the Indies so have I no other Subject to write of than of the greatest Misfortunes that ever befel any Man For whereas for the first all those that navigate between Cape de Verd and America do pass between Fifteen or Twenty Days at most we found the Wind so contrary and which are also contrary to Nature so many Storms and Rains as we spent six Weeks in the Passage by reason whereof and that in so great Heat we wanted Water For at the Isle Prano of Cape de Verd we lost our Anchors and Cables and our Water-Casks and being driven from the Isle with a Hurricane we were like all to have perished Great sickness fell amongst us and carried away great numbers of our ablest Men both for Sea and Land The 17th of November we had sight of Guiana and soon after came to Anchor in five Degrees of the River Galliano here we staid till the fourth of December landed our Sick-men set up our Barges and Shallops which were brought out of England in Quarters washed our Ships and took in Fresh-water being fed and cherished by the Indians of my old Acquaintance with a great deal of Love and Respect My self being in the hands of Death this six Weeks and not able otherwise to move than as I was carried in a Chair gave order to five small Ships to sail into Orinoque having Captain Kemish for their Conductor towards the Mines And in those five Ships five Companies of fifty under the Command of Captain Parker Captain North Brethren to the Lord Monteagle and the Lord North valiant Gentlemen and of infinite Patience for the Labour Hunger and Heat which they have endured My Son had the third Company Capt. Thornix of Kent the fourth Company Capt. Chidley by his Lieutenant the fifth But as my Serjeant Major Capt. Piggot died in the former miserable Passage so my Lieutenant Sir Warham Saint Leiger lay sick without hope of Life and the Charge conferred on my Nephew George Raleigh who had also served long with infinite Commendations but by reason of my absence and of Sir Warham's was not so well obeyed as the Enterprise required As they passed up the River the Spaniards began the War and shot at us both with their Ordnance and Muskets whereupon the Companies were forced to charge them and soon after beat them out of the Town In the Assault my Son more desirous of Honour than Safety was slain with whom to say truth all the respects of this World have taken end in me and although these five Captains had as weak Companies as ever followed valiant Leaders yet were there among them some twenty or thirty valiant adventurous Gentlemen and of singular Courage as of my Sons Company Mr. Knivet Mr. Hammond Mr. Langworth Mr. John Pleasington his Officers Sir John Hambden Mr. Simon Leak Corporal of the Field Mr. Hammond the elder Brother Mr. Nicholas of Buckingham Mr. Roberts of Kent Mr. Perin Mr. Tresham Mr. Mollinax Mr. Winter and his Brother Mr. Wray Mr. Miles Herbert Mr. Bradshaw Captain Hall and others Sir I have set down the Names of these Gentlemen to the end that if his Majesty shall have cause to use their Service it may please you to take notice of them for very sufficient Gentlemen The other five Ships staid at Trinidado having no other Port capable of them near Guiana The second Ship was commanded by my Vice-Admiral Capt. John Pennington of whom to do him right he is one of the sufficientest Gentlemen for the Sea that England hath The third by Sir Warham Saint-Legier an exceeding valiant and worthy Gentleman The fourth by Sir John Fern. The fifth by Capt. Chidley of Devon With these five Ships I daily attended their Armada of Spain which had they set upon us our Force divided the one half in Orinoque 150 miles from us we had not only been torn in pieces but all those in the River had also perished being of no force at all for Sea-fight But we had resolved to be burnt by their sides had the Armada arrived But belike they staid for us at Margaret by which they knew we must pass to the Indies For it pleased his Majesty to value us at so little as to command me upon my Allegiance to set down under my hand the Country and River by which I was to enter it to set down the Number of my Men and Burthen of my Ships and what Ordnance every Ship carried which being known to the Spanish Ambassador and by him unto the King of Spain a dispatch was made and Letters sent from Madrid before my departure out of the Thames For his first Letter sent by a Barque of Advice was dated the 19th of March 1617. at Madrid which Letter I have here inclosed sent to your Honour the rest I reserve not knowing whether they may be intercepted or not The second by the King dated the second of May sent also by a Colonel of Diego de Polonioque Governour of Guiana Elderedo and Trinidado The third by the Bishop of Perericho and delivered to Polonioque the 15th of July at Trinidado And the fourth was sent from the Farmer and Secretary of his Customs in the Indies At the same time by that of the Kings Hand sent by the Bishop there was also a Commission for the speedy Levying of 300 Souldiers and ten Pieces of Ordnance to be sent from Portriche for the Defence of Guiana One 150 from Nueno Remo de Grando under the Command of Captain Anthony Musica and the other 150 from Portricho to be conducted by Captain Francis Landio Now Sir if all that have traded to the Indies since his Majesties time knew that the Spaniards
have flayed alive all the poor Men which they have taken being but Merchant Men what Death and cruel Torment shall we expect if they conquer us Certainly they have hitherto failed grosly being set out thence as we were both for Number Time and Place Lastly To make an Apology for not working the Mine though I know his Majesty expected it whom I am to satisfie as much as my self having lost my Son and my Estate in the Enterprize yet it is true that the Spaniards took more care to defend the Passage leading unto it than they did the Town which by the King's Instructions they might easily do the Countries being Aspera Nemorosa But it is true that when Capt. Kemish found the River low and that he could not approach the Banks in most places near the Mine by a mile and where he found a descent a volley of Musquet shot came from the Woods upon the Boat and slew two Rowers hurt six others and shot a valiant Gentleman of Capt. Thornix of which Wound he languisheth to this day He to wit Capt. Kemish following his own Advice thought it was in vain to discover the Mine and he gave me this for an Excuse at his return That the Companies of English in the Town of St. Thoma were not able to defend it against the daily and nightly Assaults of the Spaniards That the Passages to the Mines were thick and unpassable Woods and that the Mine being discovered they had no Men to work it did not discover it at all For it is true the Spaniards having two Gold Mines near the Town the one possessed by Pedro Rodrigo de Paran the second by Harmian Frotinio the third of Silver by Capt. Francisco are useless for want of Negroes to work them For as the Indians cannot be constrained by a Law of Charles the 5th so the Spaniards will not nor can endure the labour of those Mines whatsoever the Bragadocio the Spanish Ambassador saith I shall prove under the Proprietors hands by the Custom-Book and the King 's Quinto of which I recovered an Ingot or two I shall also make it appear to any Prince or State that will undertake it how easily those Mines and five or six more of them may be possessed and the most of them in those Parts which have never as yet been attempted by any nor by any Passage to them nor ever discovered by the English French or Dutch But at Kemish's return from Orinoque when I rejected his counsel and his course and told him he had undone me and wounded my Credit with the King past recovery he slew himself For I told him seeing my Son was slain I cared not if I had lost 100 more in opening the Mine so my Credit had been saved For I protest before God had not Captain Whitney to whom I gave more countenance than to all the Captains of my Fleet run from me at the Granadoes and carried another Ship with him of Captain Woolastons I would have left my Body at St. Thome by my Sons or have brought with me out of that or other Mines so much Gold Oar as should have satisfied the King I propounded no vain thing what shall become of me I know not I am unpardoned in England and my poor Estate consumed and whether any Prince will give me Bread or no I know not I would desire your Honour to hold me in your good Opinion to remember my Service to my Lord of Arundel and Pembroke to take some pity on my poor Wife to whom I dare not write for renewing her sorrow for her Son And I beseech you to give a Copy of this to my Lord Carew for to a broken Mind a sick Body and weak Eyes it is a torment to write many Letters I have found many things of Importance for discovering the State and Weakness of the Indies which if I live I shall hereafter impart unto your Honour to whom I shall remain a faithful Servant WALTER RALEIGH Whilst this Action of St. Thome was performed and the Repulse in the way to the Mine Sir Walter staid at St. Point de Gallo the space of nine weeks where the unwelcome news was brought him of the loss of his Son and the Defeat they met with in their Design upon the Mine However this ill News could not alter the Resolutions of Sir Walter of Returning to England though he knew he should meet with several Enemies there who had by their Calumnies rendred the Voyage nothing but a Design and though several of his Men were for landing at New-found-Land For if we may believe himself at the hour of his Death the two Noble Earls Thomas of Arundel and William of Pembroke engaged him to return and Sir VValter was resolv'd thô inevitable Danger threatned him to keep his Promise No sooner had they arrived upon the Coasts of Ireland but the Taking and Sacking of St. Thome firing of the Town and putting the Spaniards there to the Sword though in their own defence was noised abroad in all parts and was by special Advertisment come unto the knowledg of Count de Gondamor Who thereupon desiring Audience of his Majesty said he had but one word to say His Majesty much wondring what might be delivered in one word when he came before him he only bawl'd out Pyrates Pyrates Pyrats A very pretty short Speech for an Ambassador Whereupon his Majesty published his Royal Proclamation for the discovery of the Truth of Sir VValter Raleigh's Proceedings and the Advancement of Justice But after all this Noise Sir VValter is not question'd for his Guiana Action For it is believed not without very good Ground that neither the transgression of his Commission nor any thing acted beyond the Line where the Articles of Peace between the two Crowns did not extend could have in a legal course of Tryal shortned his days When Sir Walter was arrived at Plymouth Sir Lewis Steukly Vice-Admiral of the County of Devon seiz'd him being Commissioned by his Majesty to bring him to London which could add no Terror to a Person who could expect nothing less and was now forc'd to make use of all the Arts imaginable to appease his Majesty and defer his Anger To which intent Manowry a French Quack at Salisbury gave him several Vomits and an Artificial Composition which made him look gastly and dreadful full of Pimples and Blisters and put the Cheat upon the very Physicians themselves who could not tell what to make of his Urine thô often inspected being adulterated with a Drug in the Glass that turn'd it even in their very hands into an earthy humour of a blackish colour and of a very offensive savour While he lay under this Politick disguise he penn'd his Declaration and Apologie which have sufficiently proved his honourable Designs in that Voyage and answered the little Calumnies of his Enemies When he was brought to London he was permitted the Confinement of his own House But finding the Court wholly
I would willingly have your Honours hear me The L. of Arundel answered We will come upon the Scaffold where after he had saluted every one of them severally he began as follows As I said I thank my God heartily that he hath brought me into the light to dye and not suffered me to dye in the dark Prison of the Tower where I have suffered a great deal of Adversity and a long Sickness and I thank God that my Feaver hath not taken me at this time as I prayed God it might not There are two main Points of Suspition that his Majesty hath conceived against me wherein his Majesty cannot be satisfied which I desire to clear and resolve you in One is That his Majesty hath been informed that I have had some Plot with France and his Majesty had some Reason to induce him thereunto One Reason that his Majesty had to conjecture so was that when I came back from Guiana being come to Plymouth I endeavoured to go to Rochel which was because I would fain have made my Peace before I came to England Another Reason was that upon my Flight I did intend to fly to France for saving of my Life having had some terror from above A third Reason was the French Agent 's coming to me and it was reported I had Commission from the King of France But this I say for a Man to call God to witness to a Falshood at any time is a grievous sin and what shall he hope for at the Tribunal Day of Judgment But to call God to witness to a falshood at the time of death is far more grievous and impious and there is no hope for such an one And what should I expect that am now going to render an Account of my Faith I do therefore call the Lord to witness as I hope to be saved and as I hope to see him in his Kingdom which will be within this quarter of this hour I never had any Commission from the King of France nor any Treaty with the French Agent nor with any from the French King neither knew I that there was an Agent or what he was till I met him in my Gallery at my Lodging unlook'd for If I speak not true O Lord let me never come into thy Kingdom The second Suspition was That his Majesty hath been informed that I should speak dishonourably and disloyally of him But my Accuser was a base Frenchman a kind of a Chymical Fellow one whom I knew to be Perfidious for being drawn into this Action at Winchester in which my Hand was toucht and he being sworn to secrecy over Night reveal'd it in the Morning But in this I speak now What have have I to do with Kings I have nothing to do with them neither do I fear them I have now to do with God therefore to tell a Lye now to get the Favour of the King were in vain Therefore as I hope to be saved at the last Day I never spake dishonourably disloyally nor dishonestly of the King neither to this Frenchman nor to any other neither had I ever in all my Life a thought of ill of his Majesty Therefore I cannot but think it strange that this Frenchman being so base so mean a Fellow should be so far credited and so much for this Point I have dealt truly and I hope I shall be believed I confess I did attempt to escape and I did dissemble and fain my self sick at Salisbury but I hope it was no sin The Prophet David did make himself a Fool and did suffer Spittle to fall upon his Beard to escape the hands of his Enemies and it was not imputed to him as sin and I did it to prolong Time till his Majesty came hoping for some Commiseration from him I forgive this Frenchman and Sir Lewis Steuckly and have received the Sacrament this Morning of Mr. Dean and I do also forgive all the World But thus much I am bound in Charity to speak of this Man that all Men may take good heed of him Sir Lewis Steuckley my Kinsman and Keeper hath affirmed that I should tell him that I did tell my Lord Carew and my Lord Doncaster of my present Escape but I protest before God I never told Steuckly any such thing neither did I tell my Lord Carew or my Lord Doncaster of my pretended Escape It was not likely that I should acquaint two Privy-Counsellors of my purpose neither would I tell him for he left me six seven eight nine or ten days to go where I listed while he rode about the Country Again he accused me that I should tell him that my Lord Carew and my Lord Doncaster would meet me in France which was never my speech or thought Thirdly He accused me That I shew'd him a Letter and that I should give him 10000 l. for my Escape but cast my Soul into everlasting fire if ever I made him offer of 10000 l. or 1000 l. but meerly I shew'd him a Letter that if he would go with me his Debts should be paid when he was gone neither had I 1000 l. for if I had had so much I could have done better with it and made my Peace otherwise Fourthly When I came to Sir Edward Pelham who had been sometimes a follower of mine who gave me good Entertainment he gave out that I had receiv'd some dram of Poyson in Sir Edward Pelham's House when I answered that I feared no such thing for I was well assured of them in the House Now God forgive him for I do and desire God to forgive him I will not only say God is the God of Revenge but I desire God to forgive him as I hope to be forgiven Then he looked over his Note of Remembrance Well saith he thus far I have gone now a little more and I will have done by and by It was told the King I was brought per force into England and that I did not intend to come again Whereas Captain Charles Parker Mr. Tresham Mr. Leak and divers others that knew how I was dealt withal shall witness for me for the Common Souldiers which were 150 mutined and sent for me to come into the Gun-Room to them for at that time they would not come to me and there was I forc'd to take an Oath that I would not come into England till they would have me else they would cast me into the Sea and drown me afterwards they entred my Cabin and set themselves against me After I had taken this Oath with Wine and other things I drew the chiefest of them to desist and at length perswaded them to go into Ireland Then would they have gone into the North parts of Ireland but I told them they were Redshanks yet at last with much ado I perswaded them to go into the South parts promising to get their Pardons but was forc'd to give them 125 l. at Kinsale to bring them home otherwise I had never got from them