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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
this instant to render up an account to God and I protest as I shall appeare before him this that I have spoken is true and I hope I shal be beleeved Then a proclamation being made that all men should depart the Scaffold he prepared himselfe for death giving away his hat his cap vvith some mony to such as he knevv that stood neer him And then taking his leave of the Lords Knights Gentlemen and others of his acquaintance and amongst the rest taking his leave of my Lord of Arundel he thanked him for his company and intreated him to desire the King that no scandalous vvriting to defame him might be published after his death saying further unto him I have a long journey to go and therefore I vvill take my leave And then putting off his doublet and govvne he desired the headsman to shevv him the Axe vvhich not being suddenly granted unto him he said I prethee let me see it dost thou thinke that I am afraid of it so it being given unto him he felt along upon the edge of it and smiling spake unto M. Sheriffe saying this is a sharpe medecine but it is a physitian that will cure all diseases Then going to and fro upon the Scaffold on every side he intreated the company to pray to God to give him strength Then having ended his speech the executioner kneeled downe and asked him forgivenesse the which laying his hand upon his shoulder he forgave him Then being asked which way he would lay himself on the block he made answer and said so the heart be streight it is no matter which way the head lyeth So laying his head on the block his face being towards the East the headsman throwing downe his owne cloak because he would not spoyl the prisoners gowne he giving the headsman a signe when he should strike by lifting up his hands the executioner strook of his head at two blowes his body never shrinking nor mooving his head was shewed on each side of the Scaffold and then put into a red leather bag and his wrought velvet gowne throwne over it which was afterwards conveyed away in a mourning coach of his Ladyes Sir Walter Rawleigh's Letter to the King the night before his death THe life which I had most mighty Prince the law hath taken from me and I am now but the same earth and dust out of which I was made If my offence had any proportion with your Majesties mercy I might despaire or if my deserving had any quantity with your Majesties unmeasurable goodnesse I might yet have hope but it is you that must judge and not I name blood gentility or estate I have none no not so much as a being no not so much as a vitam planta I have onely a penetent soule in a body of iron which mooveth towards the load-stone of death and cannot be withheld from touching it except your Majesties mercy turne the point towards me that expelleth Lost I am for hearing of vain man for hearing only and never beleeving nor accepting and so little account I made of that speech of his which was my condemnation as my forsaking him doth truly witnesse that I never remembred any such thing till it was at my tryall objected against me So did he repay my care who cared to make him good which I now see no care of man can effect But God for my offence to him hath laid this heavy burthen on me miserable and unfortunate wretch that I am But for not loving you my Soveraigne God hath not layd this sorrow on me for he knowes with whom I am not in case to lye that I honored your Majesty by same and loved and admired you by knowledge So that whither I live or dye your Majesties loving servant I will live and die If now I write what seemes not well favoured Most mercifull Prince vouchsafe to asscribe it to the councell of a dead heart and to a minde that sorrow hath confounded But the more my misery is the more is your Majesties mercy if you please to behold it and the lesse I can deserve the more liberall your Majesties gift shall be herein you shall onely imitate God giving free life and by giving to such a one from whom there can be no retribution but onely a desire to pay a lent life with the same great love which the same great goodnesse shall bestow on it This being the first letter that ever your Majesty received from a dead man I humbly submit my selfe to the will of God my supream Lord and shall willingly and patiently suffer whatsoever it shall please your Majestie to afflict me withall Walter Rawleigh The Copy of Sir Walter Rawleighs Letter to his Wife the night before his death YOu shall now receive my deare wife my last words in these my last lines My love I send you that you may keep it when I am dead and my cou●cell that you may remember it when I am no more I would not by my will present you with sorrowes Deare Besse let them go into the grave with me and be buried in the dust And seeing that it is not Gods will that I should see you any more in this life beare in patiently and with a heart like thy selfe first I send you all the thankes which my heart can conceive or my words can reherse for your many travailes and care taken for me which though they have not taken effect as you wished yet my debt to you is not the lesse but pay it I never shall in this world Secondly I beseech you for the love you beare me living do not hide your selfe many dayes but by your travailes seeke to helpe your miserable fortunes and the right of your poor childe Thy mourning cannot availe me I am but dust Thirdly you shall understand that my land was conveyed bona fide to my childe the writings were drawne at midsummer was twelve months my honest cosen Brett can testify so much and Dolberry too can remem●er somewhat therein And I trust my blood will quench their malice that have cruelly murthered me and that they will not seek also to kill thee and thine with extreame poverty To what friend to direct thee I know not for all mine have left me in the true time of tryall And I perceive that my death was determined from the first day Most sorry I am God knowes that being thus surprised with death I can leave you in no better estate God is my witnesse I meant you all my office of wines or all that I could have purchased by selling it halfe my stuffe and all my jewels but some one for the boy but God hath prevented all my resolutions That great God that ruleth all in all but if you can live free from want care for no more the rest is but vanity Love God and begin betimes to repose your selfe upon him and therein shall you finde true and lasting riches and endlesse comfort for the rest when you have travelled and wearied your thoughts ver all sorts of worldly cogitations you shall but sit downe by sorrow in the end Teach your son also to love and feare God whilst he is yet young that the feare of God may grow with him and then God will be a husband to you and a father to him a husband and a father which cannot be taken from you Baily oweth me 200 pounds and Adrian 600 in Iersey I also have much owing me besides The arrearrages of the wines will pay your debts And howsoever you do for my soules sake pay all poore men When I am gone no doubt you shall be sought too for the world thinkes that I was very rich But take heed of the pretences of men and their affections for they last not but in honest and worthy men and no greater misery can befall you in this life then to become a prey and afterwards to be despised I speake not this God knowes to disswade you from marriage for it will be best for you both in respect of the world and of God As for me I am no more yours nor you mine death hath cut us asunder and God hath divided me from the world and you from me Remember your poore childe for his fathers sake who chose you and loved you in his happiest times Get those letters if it be possible which I writ to the Lords wherein I sued for my life God is my witnesse it was for you and yours that I desired life but it is true that I disdained my self for begging of it for know it my deare wife that your son is the son of a true man and who in his owne respect despiseth death and all his mishapen ugly formes I cannot write much God he knows how hardly I steale this time while others sleep and it is also time that I should separate my thoughts from the world Begg my dead body which living was denied thee and either lay it at Sherburne and if the land continue or in Exeter-Church by my Father and Mother I can say no more time and death call me away The everlasting powerfull infinite and omnipotent God That Almighty God who is goodnesse it selfe the true life and true light keep thee and thine have mercy on me and teach me to forgive my persecutors and accusers and send us to meet in his glorious Kingdome My deare wife farewell Blesse my poore boy Pray for me and let my good God hold you both in his armes Written with the dying hand of sometimes thy Husband but now alasse overthrowne Walter Rawleigh FINIS