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
to put in execution the sober Advices of the Gown-man To America he is sent with 15 Men of War to possess himself of Panama where the Spaniards ship their Riches or to intercept them in their passage homewards But he found more Encouragement from the willingness of the Seamen than from the Winds which held the Ships in their Havens for three Months A Circumstance which put an ill look upon the Enterprize and had almost made it vain But nothing could allay the Courage of the Seamen who were bouy'd up with the hopes of Prey and the success of their Commander Having set sail at last they got beyond the Spanish Cape called the Lands-end where they met with unwelcome Intelligence viz. That by express command from his Catholick Majesty no Ship was to stir from the West-Indies that Year Together with this News instead of meeting with the long'd-for Enemy they were attacqu'd with a more invincible one a furious Tempest which disperst and disorder'd the Fleet and sunk their Ship-Boats Thus being on all sides assaulted with Tempests Disasters and the worse news of the Spaniards stay in the other World he thought the Heavens had dash'd his Designs and rendred a well-ordered Contrivance abortive Upon which at first he intended to make for home with the whole Fleet but another Project offer'd it self after second thoughts of dividing the Navy into two Squadrons from the hope that thô while together they had been successless yet Fortune might offer to them when separated something worthy their patience and desires Immediately one Squadron is committed to the Conduct of Sir Iohn Burroughs Son to the Lord Burroughs the other to Sir Martin Forbisher with their respective Commissions Sir Martin's charge was to lie off and on the Coast of Spain to hinder the coming in of their Vessels Sir Iohn's to wait at the Azores for the coming of the Caracks out of the East-Indies Sir Walter was much blam'd for this Action and thought short in his Politicks in giving over the hopeful part of the Design to Sir Iohn Burroughs and retiring himself to Court But the Success was the only Argument of his Oversight and nothing but the Event could charge him with Imprudence The Division of the Fleet prov'd a wise Design and amazed the Spaniard For while the Spanish Admiral eyed Forbisher the mighty Caracks were unregarded and left to the mercy of Burrough's Men of War as an easy Prey Who having according to Order arriv'd at Sancta Cruce a small Town in the Isle of Azores a little after got sight of a Portugal Merchant-man briskly pursued by a Privateer of the Earl of Cumberland's but could not reach her an unhappy Calm keeping him at too far a distance But a more welcom Storm arising in the night forc'd both to weigh Anchor Assoon as day appear'd the Portuguees was unlading as fast as she could at Flores and upon the approach of the English fired their Carack But though their Designs were ruin'd as to that Ship yet the news they got from some Prisoners taken gave them fresh hopes and heartned them with the Information that several other Merchant-men were behind coming for Spain This put Sir Iohn Burroughs upon placing his Men of War at several distances to reach as far about as was possible But they had not long waited before their diligence was rewarded with the surprisal of a large Vessel call'd The Mother of God which was 165 foot long from Head to Stern and seven Decks high laden with Goods to the value of 150000 l. English besides vvhat the Seamen privately took for their own use Sir Walter having now deserted his Naval Employ and become again a Courtier it vvas not long before he vvas seiz'd vvith the idle Court-Disease of Love the unfortunate occasion of the vvorst Action of his vvhole Life For in the Year 1595 I find him under a Cloud banish'd the Court and his Mistresses Favour vvithdrawn for devirginating a Maid of Honour But vvhy for this one Action he should lie under the imputation of an Atheist and from a single crime get the denomination of a Debauch is the Logick of none but the Vulgar By the same reason the other Favourites of those Times Leicester Cecil and Essex bid as fair for those titles the latter making the Parallel good in this Vice with his successor Buckingham thô in other Circumstances there was a great disparity Neither ever vvas it accounted any great Crime in the Orb of Courts But to stop the Mouth of Fame which is always open on such occasions and to wipe out the Infamy of the Fact he vvas shortly after married to the Object of his Love the defloured Lady And to get Reputation among the People vvho always vvere unjust to him in their sentiments he put himself on a Voyage to Guiana for the Improvement and Honour of his Country Having therefore obtained his Liberty for for this Action he vvas imprisoned some months and finding all things vvith an unpleasant Aspect he followed his Genius of discovering New Places and tracing Nature in her more retired and hidden Paths thinking that Absence and a Fortunate Voyage might reinvest him in his Mistresses thoughts and merit a new Esteem Guiana had been talk'd of much by the Spaniards as an excellent Country and for one Commodity the Spaniards had a great reverence for very famous GOLD which put Sir Walter upon the Attempt judging it besides a place if master'd very convenient for its situation to annoy and disturb the Spaniards American Traffick and would be no little help in building his Fortunes and what was more estimable place him in his Mistresses Favour again From Plymouth he set sail on the sixth of February and on the 22d of March arriv'd at the Isle of Trinidado eight degrees on this side the Equinoctial-Line where he soon made himself Master of St. Iosephs a small City and which was more considerable of the Governour Antonio Bereo from whom he got the best account of those Parts and its Trade Leaving his Ship at Trinidado with some Pinaces and an hundred Men and the small stock of Knowledge he obtain'd of Bereo he made up the great River Ormus in search of Guiana What he found saw and performed there his most Ingenuous History of those Parts may satisfy the Curious In his Return he fired Cumana because the Inhabitants would not redeem it with Money besides several Cottages at St. Maries and Rio de la Hach Neither did he desist in this Design of Guiana for once or twice Mr. Cambden tels us afterwards he prosecuted it with vast Expences although the Spaniards had plac'd a Colony at Trinidado to hinder his further Attempts Whilst Sir Walter is searching for a new World Hawkins and Drake are attempting fresh Things in those parts of America which the Spaniards vvere already possest of But their old Fortune had left them and the unhappiness of the Action put an end to their Lives In
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
the Year 1596 both died with Grief and bequeath'd their Hatred of the Spaniard to Sir Walter Raleigh to revenge their Quarrel Who this Year return'd being satisfi'd with his Expedition and much more vvith the Reception he found at Court The Storm vvas blown over and his Mistresses Brow vvas more smooth than at his departure after his Eclipse he shone brighter at Court and the Death of those two famous Sea-men put them upon courting Sir Walter whom the necessity of State forc'd them to cherish and encourage It 's strange that vvhat was Essex's Ruine should confirm Sir Walter in Favour frequent Absence from his Mistress But Sir Walter 's Obsequiousness work'd much upon the humour of the Queen who lov'd Pliantness and exact Obedience which Essex could not always counterfeit The Spaniard being encouraged with the possession of Cales from whence it was but a short cut over into England the Death of Hawkins and their former scourge Drake and the earnest Sollicitations of the Irish who through her Reign had got the Itch of Rebellion which vvas fed and maintained by the Spaniard thô they had been sufficiently blooded by the English And the Queen foreseeing a Storm gathering thought 't was the best way to scatter it before it grew too great and came too near She resolved therefore to begin with the Spaniard first and fairly set on the Enemy in his own Ports She speedily riggs a brave Fleet consisting of 150 Ships Mann'd by 6360 Souldiers 1000 Volunteer-Gentlemen 6772 Seamen Robert Earl of Essex and the Lord Howard were Commanders of equal Authority having been both at an excessive charge in carrying on the War To these were joyn'd a Council of War consisting of several eminent Seamen and Souldiers among whom was our Sir Walter The Fleet was divided into four Squadrons the first commanded by the Lord Admiral Howard the second by Essex the third by Sir Thomas Howard the fourth by Sir Walter Raleigh In the beginning of Iune they set sail and got to Gades the 20th their Design being perfectly unknown as well to their Enemies as their own Men. Essex heated with Youth and an ambition of doing bravely would have presently landed and assaulted the Enemy but this heat was allayed and corrected by Sir Walter 's Advice vvho impugned all such rash Attempts At last a fit Opportunity presented it self and by all it was resolv'd to fight them At which News the Earl threw up his Hat for joy The Ebbing-Waters would not permit the great Ships to engage the Shelves being of greater hazard than the Enemy Therefore Raleigh is pitch'd on as the most proper Person in the midst of the Channel to provoke them vvho accordingly in a little Ship called the Wastspight directed his Prow against the Spanish Men of War vvho thereupon presently fell back Upon this the rest of the Feet came in and burnt and took several of their Ships After this Victory at Sea the Men were very importunate to go on shore whom Essex landed at Puntal a league from the City At first the Spaniards received them with a great deal of Courage but the English charged so warmly that they thought it their prudentst way to retire with more speed than they came out The English pursued so close that they had almost recover'd the City-Gates as soon as they The Earl got upon a Bulwark near the Gate and from thence he espyed an Entrance into the Town but very hazardous it being down a very steep Precipice but this did not affright several of our English who leap'd from thence into the Town and engaged the Enemy in the Streets In the mean time Sir Walter and others having forced the Gates entred the Town and the Castle was surrendred upon Merciful Conditions But Sir Walter was not idle or eager after the enjoyment of his Conquest for whilst others vvere reaping the plentiful Harvest of War he with some small Ships who could pass up the Chanel fired their Merchant-Men vvhich were withdrawn to Port-Real althô they offered two millions of Ducats for their Redemption Great vvere the Losses to the Spaniards by this War and if we may believe our Histories amounted to no less than Twenty Millions of Ducats Upon Consultation it was resolv'd to quit the Town though contrary to the Opinion of Essex vvho vvas for keeping it as a future Annoyance to the Spaniards After this they took Faro in Algarbe and being weary at last of their Victories they resolv'd for home though much against Essex's will vvhose youthful heat was but inflam'd by their Successes but was wisely slack'd by the Prudence of the Admiral and the sober Advice of Sir Walter vvho finding their Men sick and having gotten so ample Rewards were not again for hazarding their Fortune upon hopes of a future Prey At their Return the Queen welcom'd and encourag'd her Souldiers vvith new Honours All but Essex were pleased who found State-Preferments not dispos'd of according to his mind Vere was made Governour of the Briel and Sir Robert Cecil Secretary of State To recover their Losses at Gades the Spaniard riggs out a new Fleet vvhich were baffled alone by the Winds for the greatest part were cast away and wreck'd With the Reliques of this Fleet in the Year following I find him upon his old Designs of Ireland But the Queen was always too nimble for the grave Don whose Designs like his Ships mov'd slow and heavy Twenty Ships were rigg'd out at present and afterwards encreased to an hundred and twenty Men of War and Victuallers five thousand Men rais'd besides a thousand old Souldiers brought from the Netherlands by Vere To appease Essex the whole Conduct of the Expedition is committed to him The Navy was divided into three Squadrons The first led by Essex himself The second by Howard The third by Sir Walter who now was esteemed the ablest Seaman of his Age. To enoble this Expedition several Persons of quality of all sorts engag'd themselves who look'd rather like Courtiers than Souldiers being more adorn'd with Feathers and gay Clothes than arm'd with Courage and Resolution On the ninth of Iuly they set out with these Instructions viz. To steer to Farol and the Groine to surprize the Spaniards in their Harbours and to intercept their Indian Fleet the Bait of the War at the Azores Which Design was built upon very good Maximes of State For it would hinder the Fleet intended against England Their Merchant-men wanting Convoys might be seized on The Azores vvon where the Indian Fleet always call'd for fresh Water in their Return the Queen have the Dominion of the Seas and the Spaniard be obliged to a Treatment of Peace Essex gave out that he was resolv'd to sacrifice Himself and the Navy for his Country But his brisk Resolutions were quickly daunted by a dismal Tempest which astonish'd the Mariners themselves and forc'd home our gaudy Volunteers who thought no Enemy so terrible as a Tempest and the severe motions of a Sea-sick
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
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
Repulses three in Ireland and three at Sea and once in 1588 at Cales by my Lord Admiral I knew he was Discouraged and Dishonoured I knew the King of Spain to be the proudest Prince in Christendom but now he cometh Creeping to the King my Master for Peace I knew whereas before he had in his Port six or seven score Sail of Ships he hath now but Six or Seven I knew of Twenty five Millions he had from his Indies he hath scarce one left I knew him to be so Poor that the Jesuites in Spain who were wont to have such large Allowance were fain to beg at the Church-Door Was it ever read or heard that any Prince should disburse so much Money without a sufficient Pawn I knew her own Subjects the Citizens of London would not lend her Majesty Money without Lands in Mortgage I knevv the Queen did not lend the States Money without Flushing Brill and other Towns for a Pawn And can it be thought that he vvould let Cobham have so great a Sum I never came to the Lord Cobham's but about matters of his Profit as the Ordering of his House Paying of his Servants Board-vvages c. I had of his vvhen I vvas examined Four Thousand Pounds vvorth of Jewels for a Purchase a Pearl of three thousand Pound and a Ring vvorth five hundred Pound If he had had a fancy to run avvay he vvould not have left so much to have purchased a Lease in Fee Farm I savv him buy three hundred Pounds vvorth of Books to send to his Library at Canterbury and a Cabinet of thirty Pound to give to Mr. Attourney for dravving the Conveyances and God in Heaven knovveth not I vvhether he intended to travel or no. But for that Practice vvith Arabella or Letters to Aremberg framed or any Discourse vvith him or in vvhat Language he spake unto him if I knevv any of these things I vvould absolutely confess the Indictment and acknovvledge my self vvorthy ten thousand Deaths Cobham's second Examination read The Lord Cobham being required to Subscribe to an Examination there vvas shevved a Note under Sir Walter Raleigh's hand the vvhich vvhen he had perused he paused and after brake forth into these Speeches Oh Villain Oh Traytor I will now tell you all the Truth And then said His purpose vvas to go into Flanders and into Spain for the obtaining the aforesaid Money and that Raleigh had appointed to meet him in Iersey as he returned Home to be advised of him about the Distribution of the Money Popham Lord Chief Iustice. When Cobham answer'd to the Interrogatories he made scruple to subscribe and being urged to it he said If he might hear me affirm that a Person of his Degree ought to set his Hand he would I lying then at Richmond for fear of the Plague was sent for and I told he ought to subscribe otherwise it were a Contempt of a high Nature Then he subscribed The Lords questioned with him further and he shewed them a Letter as I thought written to me but it was indeed written to my Lord Cecil He desired to see the Letter again and then said Oh Wretch Oh Traytor Whereby I perceived you had not performed that Trust he had reposed in you Raleigh He is as passionate a Man as lives for he hath not spared the best Friends he hath in England in his Passion My Lords I take it he that has been examined has ever been asked at the time of his Examination if it be according to his meaning and then to subscribe Methinks my Lords when he accuses a Man he should give some Account and Reason of it it is not sufficient to say we talked of it If I had been the Plotter would not I have given Cobham some Arguments whereby to perswade the King of Spain and answer his Objections I knew Westmorland and Bothwell Men of other Understandings than Cobham were ready to beg their Bread Sir Thomas Fowler one of the Iury. Did Sir Walter Raleigh write a Letter to my Lord before he was examined concerning him or not Attourney Yes Lord Cecil I am in great Dispute with my self to speak in the Case of this Gentleman A former Dearness between me and him tied so firm a Knot of my Conceit of his Virtues now broken by a Discovery of his Imperfections I protest did I serve a King that I knew would be displeased with me for speaking in this Case I would speak whatever came of it But seeing he is compacted of Piety and Justice and one that will not mislike of any Man for speaking a Truth I will answer your Question Sir Walter Raleigh was staid by me at Windsor upon the first News of Copley that the Kings Person should be surprised by my Lord Grey and Mr. George Brook when I found Brook was in I suspected Cobham then I doubted Raleigh to be a partaker I speak not this that it should be thought I had greater Judgment than the rest of my Lords in making this haste to have them examined Raleigh following to Windsor I met with him upon the Tarras and willed him as from the King to stay saying The Lords had something to say to him Then he was examined but not concerning my Lord Cobham but of the Surprising Treason My Lord Grey was apprehended and likewise Brook by Brook we found that he had given notice to Cobham of the surprising Treason as he delivered it to us but with as much sparingness of a Brother as he might We sent for my Lord Cobham to Richmond where he stood upon his Justification and his Quality sometimes being froward he said he was not bound to subscribe wherewith we made the King acquainted Cobham said if my Lord Chief Justice would say it were a Contempt he would subscribe whereof being resolved he subscribed There was a Light given to Aremberg that Lawrency was examined but that Raleigh knew that Cobham was examined is more than I know Raleigh If my Lord Cobham had trusted me in the Main was not I as fit a Man to be trusted in the Bye Lord Cecil Raleigh did by his Letters acquaint us that my Lord Cobham had sent Lawrency to Aremberg when he knew not he had any Dealings with him Lord H. How It made for you if Lawrency had been only acquainted with Cobham and not with you But you knew his whole Estate and were acquainted with Cobham's Practice with Lawrency and it was known to you before that Lawrency depended on Aremberg Attourney 1. Raleigh protested against the surprising Treason 2. That he knew not of the Matter touching Arabella I would not charge you Sir Walter with a matter of Falshood You say you suspected the Intelligence that Cobham had with Aremberg by Lawrency Raleigh I thought it had been no other Intelligence but such as might be vvarranted Attourney Then it was but lawful Suspicion But to that whereas you said that Cobham had accused you in Passion I answer three Ways 1.
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
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.
I vvill speak as truly as you Mr. Attourney for by God I never spake it Lord Chief Iustice. Wherefore should this Book be burnt Raleigh I burned it not Serjeant Philips You presented your Friend with it when he was discontented If it had been before the Queens Death it had been a less matter but you gave it him presently when he came from the King which was the time of his Discontentment Raleigh Here is a Book supposed to be Treasonable I never read it commended it or delivered it nor urged it Attourney Why this is cunning Raleigh Every thing that doth make for me is cunning and every thing that maketh against me is probable Attourney Lord Cobham saith that Kemish came to him with a Letter torn and did wish him not to be dismaid for one Witness could not hurt him Raleigh This poor Man hath been close Prisoner these eighteen Weeks he was offered the Rack to make him confess I never sent any such Message by him I only writ to him to tell him what I had done with Mr. Attourney having of his at that time a great Pearl and a Diamond Lord H. Howard No Circumstance moveth me more than this Kemish was never on the Rack the King gave charge that no Rigour should be used Commissioners We protest before God there was no such matter intended to our knowledges Raleigh Was not the Keeper of the Rack sent for and he threatned with it Sir William Wade When Mr. Sollicitor and my self examined Kemish we told him he deserved the Rack but did not threaten him with it Commissioners It was more than we knew Cobham's Examination read He saith Kemish brought him a Letter from Raleigh and that part which was concerning the Lords of the Council was rent out the Letter contained that he was examined and cleared himself of all and that the Lord H. Howard said because he was discontent he was fit to be in the Action And further that Kemish said to him from Raleigh that he should be of good Comfort for one Witness could not condemn a Man for Treason Lord Cecil Cobham was ask'd whether and when he heard from you he said Every Day Raleigh Kemish added more I never bad him speak those Words Nota. Mr. Attourney here offered to interrupt him Lord Cecil It is his last Discourse Give him leave Mr. Attourney Raleigh I am accused concerning Arabella concerning Money out of Spain My Lord Chief Iustice saith a Man may be condemned with one Witness yea without any Witness Cobham is guilty of many things Conscientia mille Testes he hath accused himself what can he hope for but Mercy My Lords vouchsafe me this Grace Let him be brought being alive and in the House let him avouch any of these things I will confess the whole Indictment and renounce the King's Mercy Lord Cecil Here hath been a touch of the Lady Arabella Stuart a near Kinswoman of the Kings Let us not scandal the innocent by confusion of Speech She is as innocent of all these things as I or any Man here only she received a Letter from my Lord Cobham to prepare her which she laught at and immediately sent it to the King So far was she from Discontentment that she laught him to scorn But you see how far the Count of Aremberg did consent The Lord Admiral Nottingham being by in a Standing with the Lady Arabella spake to the Court. The Lady doth here protest upon her Salvation that she never dealt in any of these things and so she willed me to tell the Court. Lord Cecil The Lord Cobham wrote to my Lady Arabella to know if he might come to speak with her and gave her to understand that there were some about the King that laboured to disgrace her she doubted it was but a Trick But Brook saith his Brother moved him to procure Arabella to write Letters to the King of Spain but he saith he never did it Raleigh The Lord Cobham hath accused me you see in what maner he hath forsworn it Were it not for his Accusation all this were nothing Let him be asked if I knew of the Letter which Lawrency brought to him from Aremberg Let me speak for my Life it can be no hurt for him to be brought he dares not accuse me If you grant me not this Favour I am strangely used Campian was not denied to have his Accusers face to face Lord Chief Justice Since he must needs have Justice the Acquitting of his old Friend may move him to speak otherwise than the Truth Raleigh If I had been the Infuser of all these Treasons into him You Gentlemen of the Jury mark this he said I have been the Cause of all his Miseries and the Destruction of his House and that all Evil hath happened unto him by my wicked counsel If this be true whom hath he cause to accuse and to be revenged on but on me And I know him to be as revengefull as any Man on Earth Attourney He is a Party and may not come the Law is against it Raleigh It is a Toy to tell me of Law I defy such Law I stand on the Fact Lord Cecil I am afraid my often speaking who am inferiour to my Lords here present will make the World think I delight to hear my self talk My affection to you Sir Walter Raleigh was not extinguished but slaked in regard of your deserts You know the Law of the Realm to which your Mind doth not contest that my Lord Cobham cannot be brought Raleigh He may be my Lord. K. Cecil But dare you challenge it Raleigh No. L. Cecil You say that my Lord Cobham your main Accuser must come to accuse you You say he hath retracted I say many particulars are not retracted What the Validity of all this is is meerly left to the Jury Let me ask you this If my Lord Cobham will say you were the only Instigator of him to proceed in the Treasons dare you put your self on this Raleigh If he will speak it before God and the King that ever I knew of Arabella's Matter or the Money out of Spain or of the surprising Treason I put my self on it God's Will and the King 's be done with me Lord H. Howard How if he speak things equivalent to that you have said Raleigh Yes in a main Point Lord Cecil If he say you have been the Instigator of him to deal with the Spanish King had not the Council cause to draw you hither Raleigh I put my self on it Lord Cecil Then Sir VValter Raleigh call upon God and prepare your self for I do verily believe my Lords will prove this Excepting your faults I call them no worse by God I am your Friend The Heat and Passion in you and the Attourney's Zeal in the King's Service makes me speak this Raleigh Whosoever is the Workman it is reason he should give account of his Work to the Work-master But let it be proved that he acquainted me with any
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
his own hands he wrote this Letter Now Sir you shall see whether you had Intelligence with Cobham within four days before he came to the Tower If he be wholly Spanish that desired a Pension of 1500 Pound a Year from Spain that Spain by him might have Intelligence then Raleigh is a Traytor He hath taken an Apple and pinned a Letter unto it and threw it into my Lord Cobham's Window the Contents whereof were this It is doubtful whether we shall be proceeded with or no perhaps you shall not be tried This was to get a Retractation Oh! it was Adam's Apple whereby the Devil did deceive him Further he wrote thus Do not as my Lord of Essex did take heed of a Preacher for by his Perswasion he confessed and made himself guilty I doubt not but this day God shall have as great a Conquest by this Traytor and the Son of God shall be as much glorified as when it was said Vicisti Galilaee you know my meaning What though Cobham retracted yet he could not rest nor sleep till he confirmed it again If this be not enough to prove him a Traytor the King my Master shall not live three years to an end Nota. Here Mr. Attourney produced the Lord Cobham's Letter and as he read it inserted some speeches I have thought fit to set down this to my Lords wherein I protest on my Soul to write nothing but the truth I am now come near the period of my time therefore I confess the whole Truth before God and his Angels Raleigh four days before I came from the Tower caused an Apple Eves Apple to be thrown in at my Chamber-Window the effect of it was to intreat me to right the wrong that I had done him in saying that I should have come home by Iersey which under my hand to him I have retracted His first Letter I answered not which was thrown in the same manner wherein he prayed me to write him a Letter which I did He sent me word that the Judges met at Mr. Attourneys House and that there was good hope the Proceedings against us should be stayed He sent me another time a little Tobacco At Aremberg's coming Raleigh was to have procured a Pension of fifteen hundred Pounds a Year for which he promised that no Action should be against Spain the Low-Countries or the Indies but he would give knowledg before-hand He told me the States had Audience with the King Attourney Ah! is not this a Spanish Heart in an English Body He hath been the Original Cause of my Ruine for I had no dealing with Aremberg but by his instigation He hath also been the cause of my Discontentment he advised me not to be overtaken with Preachers as Essex was and that the King would better allow of a constant Denial than to accuse any Attourney Oh damnable Atheist he hath learned some Text of Scripture to serve his own purpose but falsly alledged He counsels him not to be counselled by Preachers as Essex was He died the Child of God God honoured him at his death thou wast by when he died Et Lupus Turpes instant morientibus Ursae He died indeed for his Offence The King himself spake these words He that shall say Essex died not for Treason is punishable Raleigh You have heard a strange Tale of a strange Man Now he thinks he hath matter enough to destroy me but the King and all of you shall witness by our Deaths which of us was the Ruine of the other I bid a poor Fellow throw in the Letter at his Window written to this purpose You know you have undone me now write three Lines to justifie me In this I will die that he hath done me wrong Why did not he acquaint me with his Treasons if I acquainted him with my Dispositions Lord Chief Iustice. But what say you now of the rest of the Letter and the Pension of 1500 l. per annum Raleigh I say that Cobham is a base dishonourable poor Soul Attourney Is he base I return it into thy Throat on his behalf But for thee he had been a good Subject Lord Chief Iustice. I perceive you are not so clear a Man as you have protested all this while for you should have discovered these Matters to the King Nota. Here Raleigh pulled a Letter out of his Pocket which the Lord Cobham had written to him and desired my Lord Cecil to read it because he only knew his hand the Effect of it was as followeth Cobham's Letter of Iustification to Raleigh Seeing my self so near my End for the discharge of my own Conscience and freeing my self from your Blood which else will cry Vengeance against me I protest upon my Salvation I never practised with Spain by your procurement God so comfort me in this my Affliction as you are a true Subject for any thing that I know I will say as Daniel Purus sum a sanguine hujus So God have mery on my Soul as I know no Treason by you Raleigh Now I wonder how many Souls this Man hath he damns one in this Letter and another in that Here was much ado Mr. Attourney alledged that his last Letter was politickly and cunningly urged from the Lord Cobham and that the first was simply the Truth and that lest it should seem doubtful that the first Letter was drawn from my Lord Cobham by promise of mercy or hope of favour the Lord Chief Justice willed that the Jury might herein be satisfied Whereupon the Earl of Devonshire delivered that the same was meer voluntary and not extracted from the Lord Cobham upon any hopes or promise of Pardon Nota. This was the last Evidence whereupon a Marshal was sworn to keep the Jury private The Jury departed and staid not a quarter of an hour but returned and gave their Verdict Guilty Serj. Heale demanded Judgment against the Prisoner Clerk of the Crown Sir Walter Raleigh Thou hast been indicted arraigned and pleaded not guilty for all these several Treasons and for tryal thereof hast put thy self upon thy Country which Country are these who have found thee guilty What canst thou say for thy self why Judgment and Execution of Death should not pass against thee Raleigh My Lords the Jury have found me Guilty They must do as they are directed I can say nothing why Judgment should not proceed You see whereof Cobham hath accused me You remember his Protestations that I was never guilty I desire the King should know of the Wrongs done unto me since I came hither Lord Chief Iustice. You have had no wrong Sir Walter Raleigh Yes of Mr. Attourney I desire my Lords to remember three things to the King 1. I was accused to be a Practiser with Spain I never knew that my Lord Cobham meant to go thither I will ask no mercy at the Kings hands if he will affirm it 2. I never knew of the practice with Arabella 3. I never knew of my Lord Cobhams practice with
guided by Gondamor he could hope for little Mercy therefore he wisely contriv'd the design of an Escape into France which Sir Lewis Steuckley betrayed But the fate of Traytors pursued him and brought him to a Contemptible End to dye a poor distracted Beggar in the Isle of Lindey having for a Bag of Money falsified his Faith confirmed by the tye of the holy Sacrament if we may give credit to Mr Howel who hath given us this Story as also before the Year came about to be found clipping the same very Coyn in the King 's own House at VVhite-Hall which he had received for a Reward of his Perfideousness for which being condemn'd to be hang'd he was forc'd to sell himself to his Shirt to purchase his Pardon of two Knights King James was willing to sacrifice the Life of Sir Walter to the Advancement of Peace with Spain but not upon such Grounds as the Ambassadour had design'd for he desir'd a Judgment upon the pretended Breach of Peace that by this Occasion he might slily gain from the English an Acknowledgment of his Master 's Right in those Places and hereafter both stop their Mouthes and quench their Heat and Valour Hence upon his old Condemnation for having had experience upon a former Tryal they cared not to run the hazard of a second he was sentenced The old Judgment being only Averred against him and from Westminster-Hall he was carried to the Gate-House and from thence the next Morning to the Parliament-Yard where he had the Favour of the Ax granted him But all Persons have wondred how that old Sentence that had lain dormant sixteen Years and upwards against Sir Walter could have been made use of to take off his Head afterwards Considering the then Lord Chancellor Verulam told him positively as Sir Walter was acquainting him with that Proffer of Sir William St. Geon for a Pecuniary Pardon which might have been obtained for a less Sum than his Guiana Preparations amounted to in these words Sir the Knee Timber of your Voyage is Money spare your Purse in this particular for upon my Life you have a sufficient Pardon for all that is passed already the King having under his Broad Seal made you Admiral of your Fleet and given you Power of the Martial Law over the Officers and Souldiers It was the Opinion of most Lawyers that he who by his Majesties Patent had power of Life and Death over the Kings Leige People should be esteemed or judged Rectus in Curia and free from all old Convictions But Sir Walter hath made the best Defence for his Guiana Actions in his Letter to his Majesty which I have here inserted May it please your most excellent Majesty IF in my Journey outward bound I had my Men murdered at the Island and yet spared to take Revenge If I did discharge some Spanish Barques taken without spoil If I did for bear all parts of the Spanish Indies wherein I might have taken twenty of their Towns on the Sea Coasts and did only follow the Enterprise I undertook for Guiana where without any Directions from me a Spanish Village was burnt which was new set up within three miles of the Mine by your Majesties favour I find no Reason why the Spanish Ambassador should complain of me If it were lawful for the Spaniards to murder 26 Englishmen binding them back to back and then cutting their Throats when they had traded with them a whole Month and came to them on the Land without so much as one Sword and that it may not be lawful for your Majesties Subjects being charged first by them to repel Force by Force we may justly say O miserable English If Parker and Metham took Campeach and other Places in the Honduraes seated in the Heart of the Spanish Indies burnt Towns killed the Spaniards and had nothing said to them at their Return and my self forbore to look into the Indies because I would not offend I may justly say O miserable Sir Walter Raleigh If I spent my poor Estate lost my Son suffered by Sickness and otherwise a world of Miseries if I have resisted with the manifest hazard of my Life the Robberies and Spoils which my Company would have made if when I was Poor I might have made my self Rich if when I had gotten my Liberty which all Men and Nature it self do so much prise I voluntarily lost it if when I was sure of my Life I rendred it again if I might elsewhere have sold my Ship and Goods and put 5 or 6000 Pound in my Pocket and yet have brought her into England I beseech your Majesty to believe that all this I have done because it should not be said to your Majesty that your Majesty had given Liberty and Trust to a Man whose End was but the Recovery of his Liberty and who had betrayed your Majesties Trust. My Mutineers told me that if I returned for England I should be undone but I believed in your Majesties Goodness more than in all their Arguments Sure I am that I am the first that being free and able to enrich my self have imbraced Poverty and Peril And as sure I am that my Example shall make me the last But your Majesties Wisdom and Goodness I have made my Judges who have ever been and shall ever be Your Majesties most humble Vassal WALTER RALEIGH But this Apology though never so perswasive could not satisfy Gondamor's Rage who was resolv'd to sacrifice the only Favourite left of Queen Elizabeth to the Spanish Interest And who as Osburn remarks was the only Person of Essex's Enemies that died lamented and the only Man of Note left alive that had help'd to beat the Spaniard in the Year 1588. Upon Thursday the 29th of Octob. 1618. Sir Walter Raleigh was conveyed by the Sheriffs of London to a Scaffold in the Old Palace at Westminster where he was executed about nine of the Clock in the Morning of the same Day Whose Confession and several Speeches there delivered with his Gesture and Behaviour were as follows His first appearance upon the Scaffold was with a smiling Countenance saluting the Lords Knights and Gentlemen with others of his Acquaintance there present when after a Proclamation of Silence by an Officer appointed he addressed himself to speak in this manner I desire to be born withal because this is the third Day of my Feaver And if I shew any weakness I beseech you attribute it to my Malady for this is the hour I look for it Then pawsing a while directing himself towards a Window where the Lord of Arundel and the Lord of Doncaster with some other Lords and Knights sate with a loud Voice he said as followeth I thank God of his infinite Goodness that he hath sent me to dye in the sight of so Honourable an Assembly and not in Darkness But by reason the place where they sat was some distance from the Scaffold that they could not easily hear him he said I will strain my self for