Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	king_n	law_n	3,633	5	5.0197	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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and lawfull witnesses brought face to face My Lord Chiefe Justice said the statute of the first of Edward the Sixth was repealed by the first and second of Philip and Mary and reduced all tryall of treason to the course of the Common-law And that the statute of the thirteenth of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