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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
you to the purpose And my Lord Cobham told him further that he would offer a great summe of mony to my Lord Cecill and to my Lord of Northumberland to the same end but he disswaded him from it and told him they would hate him as long as they live for it And Sir VValter said further that the occasion of my Lord Cobhams accusation was this viz. When as Sir Walter perceived by the Lords that they had the said Mathew de Lawrencie in jealousie to do some bad offices between Count Aremberge and my Lord Cobham who as he thought was justly condemned upon these advertisements that he observed my Lord Cobham that night when my Lord Cobham brought him home to his house to go back past his owne stayres towards his Countesses lodgings with the said Mathew de Lawrencie as if he had been very sorry to have parted with him Then he writ to my Lord Cecil to signifie to him that in his judgement if he apprehended Mathew de Lawrencie presently it might be a means that he might intercept their intelligence perhaps not yet ripe And if otherwise Mat. de Lawrencie might perchance be shuffled away and so left it to his Lordships consideration And afterwards my Lord Cobham had constantly denied these matters upon his examination this letter was shewed unto him as though Sir Walter had induced him to all the inconveniences he had fallen into which after he had read he desired to read it againe And upon assurance it was Sir Walters Letter in a great passion he brake forth into these speeches Oh Villaine Oh vile Traytor hath he used me thus Nay then I will tell you all and thereupon in madnesse and perswasion of the wrong that Sir Walter had done him he delivered the right accusation the substance whereof was not denied though M. Attourney noted that he considered of a second time before he entred into passion Sir Walter appealed to all that knew my Lord Cobham that he was as passionate a man as lived and said that in his choller he had accused his friends of greater matters than these and had been sorry for it afterwards The Kings Councel replyed that the confession of George Brook of the foresaid speeches of my Lord Cobham touching himselfe and Sir Walter for a further plot than they two by any way could excuse must stand good in law in that those speeches were uttered as it appeared before those matters came out and before my Lord Cobham had conceived the spleene against Sir Walter upon the sight of this letter And further produced my Lord Cobhams confession That Sir Walter after his first being before the Lords did write unto him the said Cobham that he had been examined of many things concerning him but he had cleared him in all Now the Lords protested that all this while he was not asked one question touching my Lord Cobham and therefore the Attourney inferred that he writ this out of a fearefull and guilty conscience to confirme my Lord Cobham in his deniall against he should be examined Sir Walter hereupon declared that my Lord Cobham put him in trust to passe the Inheritance of certain fee farme lands for him and gave divers jewells of great value for his security which were in his bosome at the time of his apprehension and that my Lord Cobham had a Cabinet worth thirty pound which Master Attourney should have had for his favour and that at his returne from the Lords with private restraint to his owne house my Lord Cobhams footman came to him to know what was done in the businesse and he unwilling to have it knowne that he was restrained dispatched the footman saying he would write to his Lord and so did by Captain Kemish Besides for that which he writ of the said businesse and acquainted my Lord Cobham that he had been examined and that he had cleared his Lordship he did write so in this regard that though he were not examined of my L. Cobham yet he talking with my Lord Cecil and his Lordship telling him he was glad there were no more in the action than there appeared and that he hoped such a one was not in S. Walter said that my Lord Cobham was absolutely cleer and my Lord Cecill replyed he did hope so and thought no lesse all which was said in regard my Lord Cobham was thought to be discontented But afterwards my Lord Cecil said Sir VValter you have Kemish against you who carried the letter and toare out that sheet which concerned the Lords of the Councell for so was my Lord Cobhams confession and he hath been offered the rack for it but what he has confessed I as yet know not Answer was made by Sir VVilliam VVade that Kemish had confessed he carried a letter and knew nothing at all of the contents and that indeed he was told that he deserved himselfe to be put to the rack for it well said Sir VValter the Rackkeeper was called for was he not Sir VVilliam VVade said that it was privately reported that Kemish had his Masters letter back from my Lord Cobham but Sir VValter confessed no such matter But concerning that he was charged withall for practising to make a combustion in Scotland he confessed the words of my Lord Cobhams accusation to this effect That he thought the best course to trouble England was to cause sedition in Scotland and said that he had thought so any time these twenty yeeres and so it had been also held by the wisest men in this Kingdome And he had delivered his opinion to be such divers times to the Lords of the councell and he thought that there were few there but were of his opinion Sir VValter also offered to the consideration of the Iury that my Lord Cobham had not subscribed his accusation Then the Lords requested my Lord Cheife Iustice to deliver whether subscriptions were necessary by the Law and my Lord Chiefe Iustice said they were not Nay said Sir Walter pardon me my Lord for this by your Lordships favour I take to be the course of examination in this kinde After that the examinate hath confessed and his confession is written it is all read over againe distinctly and deliberately to him that he may be sure to say nothing but truth and then in confirmation that it is undoubtedly true and that he will stand thereunto he is to subscribe the same Now my Lords if my L. Cobham did accuse me thus rashly out of his passion and afterwards when he had read it againe began to relent and with sorrow for the wrong he had done me refuse to set his hand thereunto then I say my Lords I have reason to take hold of it And it is well knowne to you my Lord Cecil and my Lord of Northampton how he hath recanted his accusation moreover he hath most penitently sorrowed for this injury he hath done me and could never be quiet in his conscience till he had purged me Master Atturney