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A25867 The arraignment and conviction of Sr VValter Rawleigh, at the Kings Bench-barre at Winchester. on the 17. of November. 1603. Before the right Honorable the Earle of Suffolke, Lord Chamberline, the Earle of Devon-shire, Lord Henry Howard, Lord Cecill, Lord Wotton, Sir John Stanhope Lord Chiefe Justice of the Common-pleas, Popham and Andrewes, Justice Gaudy, Justice Warberton, Sir William Wade, commissioners. / Coppied by Sir Tho: Overbury. Raleigh, Walter, Sir, 1552?-1618.; Overbury, Thomas, Sir, d. 1684. 1648 (1648) Wing A3744; ESTC R206249 25,636 40

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THE ARRAIGNMENT and Conviction of Sr Walter Rawleigh At the Kings Bench-Barre at WINCHESTER on the 17. of November 1603. Before the right Honorable the Earle of Suffolke Lord Chamberline the Earle of Devonshire Lord Henry Howard Lord Cecill Lord Wotton Sir Iohn Stanhope Lord Chiefe Justice of the Common-Pleas Popham and Andrewes Justice Gaudy Justice Warberton Sir William Wade Commissioners Coppied by Sir THO: OVERBVRY LONDON Printed by William Wilson for Abel Roper at the Sun over against St. Dunstons Church in Fleetstreet Anno Dom. 1648. THE ARRAIGNEMENT and conviction of Sir Walter Rawleigh At the Kings Bench Barre at Winchester 17. Novemb. 1603. AFTER that Sir Walter Rawleigh was brought to the Barre hee sate upon a stoole within a place made of purpose for the prisoner to be in and expected the comming of the Lords during which time he saluted divers of his acquaintance with a very steadfast and chearefull countenance When the Commissioners were all assembled having stood up a while hee desired the Marshall to aske leave of the Lords that hee might sit which was presently granted Then the Court proceeded in his Arraignment according to the ordinary course unto which Sir Walter did orderly and willingly dispose himselfe as the Jury was culled to the booke he was asked whether hee would challenge any of the gentlemen impanelled for his Jury hee said hee knew none of them but hoped they were honest men and so desired the Court to take their choyce of them The Jury being sworne who were Sir Ralph Conisbie sir Thomas Fowler sir Edward Peacock sir William Rowe Knights Henry Goodier Roger VVood Thomas VValker Thomas VVhitby Esquiers Thomas Higate Robert Kempton Iohn Chawkie Robert Brumley Gentlemen The Inditement was red by the Clearke of the Crowne Office the effect whereof was as followeth THat he did conspire and goe about to deprive the King of his government and to raise up sedition within the Realme to alter Religion and to bring in the Romish Superstition and to procure forraigne enemies to invade the Kingdomes That the Lord Cobham the ninth of June last did meet with the said Sir Walter Rawleigh Cobham was then in Durham House in the Parish of St. Martins in the Fields and then and there had conference with him how to advance Arabella Steward to the Crowne and Royall Throne of this Kingdome and that then and there it was agreed that Cobham should treate with Aremberge Ambassadour from the Archduke of Austria to obtaine of him 600 thousand Crownes to bring to passe their intended Treasons It was agreed that Cobham should go to Albert the Archduke to procure him to advance the pretended title of Arabella from thence knowing that Albert had not sufficient meanes to maintaine his owne Army in the Lowcountreys Cobham should go into Spaine to procure the King to assist and surther her pretended Title It was also agreed the better to effect all these conspiracies that Arabella should write three Letters one to the Archduke another to the King of Spaine and another to the Duke of Savoy And promising three things First to establish firme peace betwixt England and Spaine Secondly to tolerate the Romish and Popish Superstition Thirdly to be ruled by them for the contriving of the Marriage and for the effecting of these trayterous purposes Cobham should returne by the Isle of Jersey and should find Sir VValter Rawleigh Captaine of the said Isle of Jersey there and take counsell of him for the distributing of the foresaid Crownes as the occasions and discontentment of the Subjects should give cause and way And further that Cobham and his brother Brooke did meete on the ninth of June last and Cobham told Brooke all the Treasons to which Treasons Brooke gave his assent and did joyne himselfe to all these And after on the Thursday following Cobham and Brook did trayterously speake these words That there would never be a good world in England till the King and his Cubs meaning his Royall issue were taken away and the more to disable and deprive the King of his Crowne and to confirme the said Cobham in his intents Rawleigh did trayterously publish a Booke falsely written against the most just and royall title of the King knowing the said book to be written against the King which book Cobham afterwards received of him And further for the better effecting of these trayterous purposes and to establish the said Brook in his intents Cobham did deliver the said Booke to him on the fourteenth of June and on the sixteenth of June for the accomplishment of the said conference and by the trayterous instigations of Rawleigh did move Brook to incite Arabella to write to the three foresaid Princes to procure them to advance her Title that she after that she had obtained the Crowne should performe three things viz. To establish a firme peace betwixt England and Spaine Secondly to tolerate the Popish Religion with impunitie Thirdly to be ruled by them three in the contracting of Marriage by their assent And for the better effecting of these Treasons Cobham upon the 17. of June by the instigation of Rawleigh did write Letters to count Aremberge and delivered the said letters to one Mathew de Lawrencie who delivered them to the Count for the attaining of 600000. Crownes which money by other letters Aremberge did promise to performe payment of and those Letters Cobham did receive on the 18. of June then did Cobham promise Rawleigh that when hee should have received that money he would deliver 8000. Crownes to him to which motion he did consent And afterwards Cobham offered Brooke that when he should have received that money hee would give 10000. Crownes thereof to him to which motion Brooke did assent Master Serjeant Heale opened the matter and delivered the effect of the inditement In whose speech this was observed that he charged Sir Walter to have intended the Intitling of the Lady Arabella Steward to the Crowne who he said had no more title thereunto than he had himselfe and further said after a little pause that hee for his owne part did disclaime and renounce all title thereunto whereat Sir Walter Rawleigh smiled The Serjeant concluding Mr. Atturney Cooke began and with a long disourse amplified with vehement words and actions the severall treasons whereof Sr Walter stood indited wherein hee so farre moved Sir Walter that hee many times offered to make answer for himselfe before the Court would give him leave protesting Mr Atturney told him newes hee never heard of before and that his memory by reason of his sicknesse was so feeble that he could not remember so many circumstances as Mr. Atturney tired him withall But Mr. Atturney pressed the Lords that the Kings evidence ought not to be broken or dismembred whereby it might loose much of its grace and vigor notwithstanding it was yeelded when M. Atturney came to his proofe Sir Walter Rawleigh should have leave to answer his severall points as they were objected In
Mr. Atturney divers things were observed which were said and used in his narration or evidence Some captiously noted that hee said this treason did tend not onely to the overthrow of true religion and destruction of all our soules but even to the losse of our goods lands and lives But it seemeth hee meant reciprocally others thought him full of impertinent phrases and complements and specially when hee spake of the Kings issue or of the Lords after hee said hee would say nothing of them then hee would presently fall into grosse and palpable adulation of them to their faces but in their commendations he spake nothing but truth some noted his care and diligence in delivering to the people that the King said he would loose lands crowne life before he would suffer a tolleration or alterration in Religion and that to these Traytors for Cobham and Gray were upon the bye he had done nothing rigorously nothing unnaturally nothing precipitatly not rigorously because no torture used not unnaturally because the brother was not pressed further then he would to accuse his brother not precipitatly because of the long time his gracious Majesty had promised before hee would bring them to their Arraignment this was much to the satisfaction of the people but this he was commanded to deliver All the assembly could have wished that hee had not behaved himselfe so violently and bitterly nor used so great provocation to the prisoner which the better sort imputed to his zeale in the Kings service and to the passion which overwhelmed him in the cause of his Countrey as when he brake forth into these and the like speeches This horrible and detestible Traytor this maine Traytor for the rest were upon the bye this instigator and seducer to treasons he that hath a spanish heart you are an odious man see with what a whorish forehead he defends his faults this is he that would take away the King and his Cubbs O abominable Traytor but many that prejudicate of Mr. Atturneys nature would hardly bee perswaded but those speeches proceeded out of the insolency of his owne disposition given to tryumph upon poore delinquents and men in misery honest men have reason to thinke the best And as the Atturney was noted so was the carriage of Rawleigh most remarkable first to the Lords principally to my Lord Cecill humble yet not prostrate dutifull yet not dejected for in some cases he would humblie thanke them for gratious speeches in other acknowledge that their honours said true as in relating some circumstances And in such points wherin he would not yeeld unto them he would crave pardon and with reverence urge them and answer them as in points of Law or essentiall matters of fact towards the Jurie affible but not fawning not in dispaire nor beleeving but hoping in them carefully perswading them with reasons not distemperately importuning them with conjurations rather shewing love of life then feare of death Towards the Kings Councell patient but not insensibly neglecting not yeelding to imputations layd against him in words and it was wondred that a man of his heroick spirit could be so valiant in suffering that he was never overtaken in passion But when it was insinuated that it was said that it would never bee well till the King and his cubbs were taken away hee said that Mr. Atturney used him basely barbarously and rigorously and that hee was abase slave and a wretch that spake the words but hee received comfort in these base words of Mr. Atturney for he hoped that it should be the worst he should be able to doe against him The accusation may be said to be of two parts viz. Personall against the King and publikely against the State and quiet of the Realme Both high Treason the personall Treason was of two sorts The first a conspiracy against the Kings life the second a practise to disable the Kings title to the Crowne of England To prove that Rawleigh intended the Kings death the confession of George Brooke was enforced who said that his brother my Lord Cobham told him that he and my Lord Gray were but upon the Bye but the said Cobham and Sir VValter Rawleigh were upon the maine for it and should never be well till the King and his Cubbs were taken away And further said that he thought in his conscience that the said speech of the Kings Cubbs proceeded from Rawleigh And it was further declared that the confession of George Brooke was enforced and not voluntarily made untill Sir Griffin Markham and Watson the Priest had vouched him for the knowledge of some farther purpose than the surprizing of the King To this Sir Walter answered that George Brook would say anything of him but he thanked God he never spake with him for if he had spoken but five words he perceived that it had been enough Then my Lord Cecil said that indeed he thought that George Brook had a spleen to Sir Walter but his brother my Lord Cobham and he were good friends and therefore he could not tell whither he hated Rawleigh so much as to do his brother so great a displeasure and said that my Lord Cobham might if he did practice as himselfe confessed with Spaine give Sir Walters name in to credit him withall as a man that favoured him and on whom he did presume more than he had reason To prove that Rawleigh practised to scandalize his Majesties Title to the Crowne My Lord Cobhams confession was produced That Sir Walter delivered him a Booke concerning the Kings Title but told him withall that it was a very foolish book which he delivered to his brother George to consider of and George Brook confessed that his brother gave him such a Book whereof he read onely the Titles of the Chapters containing matter against the Kings Title and Line And it was not omitted by the Attourney that this Booke was delivered upon occasion of my Lord Cobhams discontentment Rawleigh confessed that he had such a booke which he never read but it was intitled A Defence of the Queenes proceedings against Mary Queene of Scotland And constantly denyed that he delivered it to my Lord Cobham but that my Lord Cobham tooke it out of his Study if he had any such of his without his knowledge he protested Here my Lord Henry Howard signified that my Lord Cobham was asked in his examination whither Sir VValter gave him the booke or that he took the same and he said that Sir Walter gave it him But that since he had told some who were againe with him that whereas he had said that Sir Walter gave him the booke the truth was he took the same of himselfe out of his study when he was asleepe Then my Lord Cecil asked Sir Walter where he had the book and he said he tooke it out of my late Lord Treasurer Burleighs study after he was dead My Lord Cecil desired to know whither out of that which was left to him or to his
sinne for the Prophet David did make himselfe a foole and suffered spittle to fall down upon his beard to escape from the hands of his enemies and it was not imputed unto him so what I did I intended no ill but to gaine and prolong time till his Majesty came hoping for some Commiseration from him But I forgive this French-man and Sir Lewis Stewkelye withall my heart for I have received the Sacrament this morning of Master Deane of Westminster and I have forgiven all men but that they that are persideous I am bound in charity to speake that all men may take heede of them Sir Lewis Stewkeley my keeper and kinsman hath affirmed that I should tell him that my Lord Carewe and my Lord of Doncaster heer did advise me to escape but I protest before God I never told him any such thing neither did the Lords advise me to any such matter neither is it likely that I should tell him any such thing of two privy-Councellors neither had I any reason to tell him or he to report it for it is well knowne he left me 6,7,8,9 and 10 dayes together alone to go whither I listed whilest he rod himselfe about the Countrey He further accused me that I should shew him a letter whereby I did signifie unto him that I would give him ten thousand pounds for my escape But God cast my soule into everlasting fire if I made any such profer of 10000 pounds or 1000 but indeed I shewed him a letter that if he would go with me there should be order taken for his debts when he was gone neither had I 10000 pound to give him for if I had had so much I could have made my peace better with it otherwayes then in giving it to Stewkeley Further when I came to Sir Edward Pelhams house who had been a follower of mine and who gave me good entertainment He gave out that I had there received some dramme of poyson when I answered him that I feared no such thing for I was well assured of them in the house and therefore wisht him to have no such thought now God forgive him for I do and I desire God to forgive him I will not onely say God is a God of revenge But I desire God to forgive him as I do desire to be forgiven of God Then looking over his noate of remembrance well said he thus farre I have gone a little more a little more and I will have done by and by It was told the King that I was brought per-force into England and that I did not intend to come againe But Sir Charles Parker M. Trefham M. Leake and divers know how I was dealt withall by the common-souldiers which were 150 in number who mutined and sent for me to come into the ship to them for unto me they would not come and there was I forced for to take an oath that I would not go into England till that they would have me otherwise they would have cast me into the sea and therewithall they drove me into my Cabbin and bent all their forces against me Now after I had taken this oath with wine and other things such as I had about me I drew some of the cheifest to desist from their purposes and at length I perswaded them to goe into Ireland which they were willing unto and would have gone into the North parts of Ireland which I disswaded them from and told them that they were Red-Shankes that inhabited there and with much adoe I perswaded them to go into the south parts of Ireland promising them to get their pardons and was forced to give them 125 pound at Kinsall to bring them home otherwise I had never got from them I heare likewise there was a report that I meant not to go to Guyana at all and that I knew not of any myne nor intended any such thing or matter but onely to get my liberty which I had not the wit to keep But I protest it was my full intent and for gold for gold for the benefit of his Majesty and my selfe and of those that ventured and went with me with the rest of my countreymen But he that knew the head of the myne would not discover it when he saw my sonne was slaine but made away himselfe And then turning to my Earle of Arundel he said My Lord being in the Gallery of my ship at my departure I remember your Honor took me by the hand and said you would request one thing of me which was that whither I made a good voyage or a bad I should not fayle but to returne againe into England which I then promised you and gave you my faith I would and so I have To which my Lord answered and said it is true I do very well remember it they were the very last words I spake unto you Another slander was raised of me that I would have gone away from them and left them at Guyana But there was a great many worthy men that accompanied me alwayes as my Serieant Major George Rawleigh and divers others which knew my intent was nothing so Another opinion was held of me that I carried with me to sea 16000 peeces and that vvas all the voyage I intended onely to get mony into my hands As I shall ansvver it before God I had not in all the world in my hands or others to my use either directly or indirectly above a hundred pound whereof when I went I gave my wife 25 pounds thereof but the error thereof came as I perceived by looking over the Screvenors bookes where they found the bills of adventure arising to a great sum so raised that false report Onely I will borrow a little time of M. Sheriffes to speake of one thing that doth make my heart to bleed to heare that such an imputation should be layd upon me for it is said that I should be a persecutor of the death of the Earle of Essex and that I stood in a window over against him when he suffered and puffed out tobacco in disdaine of him God I take to witnesse I shed teares for him when he died and as I hope to looke God in the face hereafter my Lord of Essex did not see my face when he suffered for I was a farre off in the Armory where I saw him but he saw notme I confesse indeed I was of a contrary faction but I know my Lord of Essex was a noble gentleman and that it would be worse with me when he was gone for I got the hate of those which vvishad me well before and those that set me against him afterwards set themselves against me and was my greatest enemies and my soule hath many times been grieved that I was not nearer him vvhen he died because as I understood aftervvards that he asked for me at his death to have been reconcyled unto me And these be the materiall points I thought good to speake of and I ame novv at