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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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said that in my Lord Cobhams accusation there were many things that he had recanted but there was no essentiall point prenominated which he had recanted And my Lord Cecil said that the reason that my Lord Cobham gave why he would not subscribe was because he thought he was priviledged by his degree wherein he appealed to my Lord Chiefe Justice who answered that it was a great contempt to refuse to subscribe but it did not appeare that thereupon he did subscribe Then Master Atturney delivered that it was Sir Walters policy to have but one witnesse because he thought that one witnesse could not condemne him Sir Walter thereupon furiously started up and said to him Master Atturney you must not thinke that all that maketh for me is policy and all that maketh against me is plain and God revealeth it I were well fitted for justice if you should come to be my Judg what indifferency is there in this my Lord Chiefe Justice Remember I beseech your Lordship the statute of the first of Edward the Sixth ●ath this That no person shall be condemned of treason unlesse he be accused by two lawfull accusers and those to be brought before the party if they belong to England And remember too the statute of the 13 of the Queen No man shall be arraigned of treason without the oath of two sufficient and lawfull witnesses brought face to face My Lord Chiefe Justice said the statute of the first of Edward the Sixth was repealed by the first and second of Philip and Mary and reduced all tryall of treason to the course of the Common-law And that the statute of the thirteenth of Elizabeth extended to such offences as were mentioned in the said act to be committed against the Queene that dead is And that all was now put to the Common-law and that by the Common-law one witnes was sufficient concerning presumption some of the Judges said That by the law a man might be condemned without a witnesse onely upon presumption As if the King whom God defend should be slaine in his Chamber and one is seene to come forth of the Chamber with his sword bloody being drawne were not this evident both in law and opinion without further inquisition And my Lord Chief Justice said that one witnes accusing himself too was very great testimony especially in this case For it was not to be imagined that my Lord Cobham would do himselfe so much harme as to adventure the losse of his honour lands of so great worth and his life for any spleene to Sir Walter unlesse the matter were true and therfore the accusation was very strong against Sir Walter Note that the treasons against Queen Elizabeth which by the statutes of the thirteenth of her raigne were to be proved by the oath of two witnesses were death or bodily harme intending to death imagined against her levying of warres within or without the Realme against her plots to depose or deprive her publishing her to be a Tyrant Heretick Infidell Schismatick Vsurious c. Sir Walter proceeded and urged that though these statutes lived not yet he knew very well the reason of these statutes and equity of them lived still But howsoever I am sure said hee the law of God liveth for ever And you shall finde it in Deutronomy in the seventeenth Chapter In ore duorum aut trium testium peribit qui intersicitur Nemo occidatur uno contra se dicente testimonium And in the nineteenth Chapter Non stabit unus testis contra aliquem quicquid illud peccati et facinoris fuerit Sed in ore duorum aut trium testium stabit omne verbum Divers other places of the old Testament are to this purpose confirmed by our Saviour too in the eighteenth of Mark and the eight of Iohn and by Saint Paul Corinth 2. 13 And by the whole consent of the Scripture And if the Common-law be as Brookes saith who was a great Lawyer then there ought to be two witnesses For he saith a tryall is by verdict and by witnesse wherein my Lord Chiefe Justice said he was deceived But said he you tell me of one witnesse let me have him Prove these practises by one witnesse and I will confesse my selfe guilty to the King in a thousand treasons I stand not upon the Law I defie the law if I have done these things I desire not to live whether they be treasons by the law or no Let me have my accuser brought to my face and if he will maintaine it to my face I will confesse my judgement Here my Lord Chief Justice being required to signifie his opinion of the law in this case he said it was not the law to have the witnesse brought to his face considering he accused himselfe also To the which the rest of the Judges agreed Sir Walter replyed it was not against or contrary to the law Howsoever I do not expect it of duty And yet I say you should deale very severely with me if you should condemne me and not bring my accuser to my face Remember a story of Fortescue a reverend Chief Justice in this Kingdome Tells of a Judge in this Kingdome that condemned a woman for murthering her husband upon the presumption or testimony of one witnesse as it seemed and after she was burned a servant of the mans that was slaine being executed for the same fault confessed that he slew his Master himselfe and that the woman was innocent What did the Judge then say to Fortescue touching the remorse of his conscience for proceeding upon such slender proof Quod nunquam de hoc facto animam in vita sus ipse purgaret That he could never be at peace of conscience whilest he lived although he but gave consent upon the verdict of the Jury But my Lords for the matter which I desire remember too the story of Susanna Daniel thought the Judges fooles because they would condemn a daughter of Israel without asking the witnesse a question Why then my Lords let my accuser be brought and let me aske him a question and I have done for it may be it will appeare out of his owne tale that his accusation cannot be true or he will be discovered by examination But yet principally my Lords remember what is said in the xix of Deutronomy Si steterit testis mendax contra hominem accusans cum prevaricatione stabunt ambo quorum causa est ante dominum in conspectu sacerdotum et judicum qui fuerint in diebus illis And I will tell you Master Atturney if you condemne me upon bare inferences and will not bring my accuser to my face you try me by no law but by the Spanish inquisition If my accuser were dead or not within the land it were something But my accuser lives and is in the house and yet you will not bring him to my face About this time my Lord Cecil asked him if he would take issue upon these points upon my
Westminster The 28. of October 1618. Together with his execution at Westminster on the 29 of October Anno the 16. Iacobi Regis c. UPon Wednesday the 28 of October Anno. Dom. 1618. The Lievtenant of the Tower according to a warrant to him directed brought Sir Walter Rawleigh from the Tower to the Kings Bench Barre at Westminster where the Recordes of his arraignment at Winchester was opened And he demanded why execution should not be done upon him according to the judgement therein pronounced against him To which he began in way of answer to justifie himself in his proceedings in the late voyage But the Lord Chiefe Justice silenced him therein saying there was no other matter there in question but concerning the judgement of death that formerly hath been given against him The which the Kings pleasure was upon some occasions best knowne to himselfe to have executed unlesse he could shew good cause to the contrary Unto which Sir Walter Rawleigh said that he was told by his Councell That in regard his Majestie since the said judgement had been pleased to imploy him in his service as by Commission he had done it made void the said judgment and was a verification unto him But the Lord Chiefe Justice told him that he was therein deceived and that the opinion of the Court was to the contrary Wherewith he was satisfyed and desired that some reasonable time might be allowed him to prepare him selfe for death But it was answered him that the time appointed was on the morrow and that it was not to be doubted but that he had prepared himselfe for death long since And I am glad said the L. Chief Justice that you have given the world so good satisfaction of your Religion as by some bookes published by you you have And so Master Atturney Generall requiring in the Kings behalfe that execution might be done upon the prisoner according to the foresaid judgement The Sheriffs of Middlesex were commanded for that purpose to take him to their custody who presently carryed him to the Gate-house From whence the next morning betweene the Sheriffs of Middlesex Sir Walter Rawleigh was brought to the old Palace in Westminster where a large Scaffold was erected for the execution Whereupon when he came with a cheerfull countenance he saluted the Lords Knights and Gentlemen there present After which a Proclamation was made for silence and he addressed himselfe to speake in this manner I desire to be borne withall for this is the third day of my feaver and if I shall shew any weaknesse I beseech you to attribute it to my mallady for this is the hour in which it is wont to come Then pawsing a while he sate and directed himselfe towards a window where the Lord of Arundel Northampton and Doncaster with some other Lords and Knights sat and spake as followeth I thanke God of his infinite Goodnesse that he hath brought me to die in the light and not in darknesse but by reason that the place where the Lords c. sate was some distance from the Scaffold that he perceived they could not well hear him he said I will straine my voice for I would willingly have your honours heare me But my Lord of Arundel said Nay we will rather come downe to the Scaffold which he and some others did Where being come he saluted them severally and then began againe to speake as followeth viz. As I said I thanke God heartily that he hath brought me into the light to dye and that he hath not suffered me to dye in the darke prison of the Tower where I have suffered a great deale of misery and cruell sicknesse and I thanke God that my feaver hath not taken me at this time as I prayed to God it might not There are two maine points of suspition that his Majestie as I heare hath conceived against mee To resolve your Lordships wherein his Majesty cannot be satisfied which I desire to cleer and to resolve your Lordships off One is that his Majesty hath been informed that I have often had plotts with France and his Majesty had good reason to induce him thereunto One reason that his Majesty had to conjecture so was that when I came back from Guyana being come to Plymouth I endeavoured to go in a barke to Rochell which was for that I would have made my peace before I had come to Englande Another reason was upon my flight I did intend to fly into France for the saving of my selfe having had some terror from above A third reason is his Majesty had reason to suspect was the French Agents coming to me besides it was reported that I had a Commission from the Frech King at my going forth these are the reasons that his Majesty had as I am informed to suspect me But this I say for a man to call God to witnesse to a falshood at the hour of death is farre more grievous and impious and that a man that so doth cannot have salvation for he hath no time of repentance then what shall I expect that am going instantly to render up my account I do therefore call God to witnesse As I hope to be saved and as I hope to see him in his Kingdom which I hope I shall within this quarter of this houre I never had any Commission from the French King nor never saw the French Kings hand writing in all my life neither know I that there was a French Agent nor what he was till I mett him in my gallery at my lodging unlooked for If I speake not true O Lord let me never enter into thy Kingdome The second suspition was that his Majesty had been informed that I should speake dishonorably and disloyally of my Soveraigne But my accuser was a base french man a runnagate fellow one that hath no dwelling a kinde of a Chymicall fellow one that I knew to be persideous for being by him drawne into the Action of fearing my selfe at Winchester in which I confesse my hand was toucht hee being sworne to secrecie over night revealed it the next Morning But this I speake now what have I to doe with Kings I have nothing to doe with them neither doe I feare them I have onely now to doe with my God in whose presence I stand therefore to tell a lye were it to gaine the Kings favour were vaine Therefore as I hope to be saved at the last judgement day I never spake dishonorably disloyally or dishonestly of his Majesty in all my life And therefore I cannot but thinke it strange that that Frenchman being so base and meane a fellow should be so farr credited as he hath been I have dealt truely as I hope to be saved and I hope I shall be beleeved I confesse I did attempt to escape I cannot excuse it but it was onely to save my life And I doe likewise confesse that I did faigne my selfe to be ill disposed and sick at Salisbury but I hope it was no
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
Lord Cobhams testimony if my Lord Cobham would now justifie under his hand his accusation and it might be that he would by the advice of the Lords joyne issue with him Sir VValter made no direct answer thereunto but still besought them to bring his accuser to his face My Lord Cecil then replyed Sir Walter it cannot be granted you you have heard your selfe that the Law will not dispense with it It may not be forgotten that before Rawleigh had been so importunate to have his accuser brought to his face he used very probable reasons to the Jury to satisfie them how silly and foolish an enterprise this was whereof he was accused and how unlikely a thing it was that he should enter into it First said he that I should make choice of my Lord Cobham of any man living A man of no following nor of no force that I should dreame of disturbing of the state now every body was so glad of the Kings comming and of unexpected peace and now the state was greater and stronger than ever it was That I should be so simple to expect mony from Spaine for I knew how much that Kings revenue was impared and his treasure intercepted I also knew well that where he had usually in his Havens 6 or 7 score sayle of ships now he had not six or seaven sayle of ships I knew well too that his Jesuites begged from door to door in Spaine and I knew well that the King of Spaine was bankrupt as was protested by most of the Merchants of Christendome And could I imagine then that in his poverty he could disburse six or seven hundred thousand Crowns or if he had been in case could I thinke it so easy a matter to obtaine such a sum of mony of the Spaniard do Princes so easily now a dayes part with such Masses of mony I knew that the Queene of England disbursed no mony to the States of the Low-countryes though it were partly for her owne security before she had the Brill and Flushing in pawne I knew likewise Shee disbursed no mony into France though for the like occasion till shee had New-haven in pawne and afterwards more warme security Nay the Citizens of London would not lend their Queene money till they had her lands in pawne What pawne had we to give the King of Spaine What did we offer him Or how could we invent to offer to him the letter of an Arabella whom he could not chuse but know to be of no following what a mockery is this what would I make my selfe A Cade A Kett A Jack-Straw Against these probabilities the presumptions before alledged were laid altogether to fortify my Lord Cobhams accusation in the ordering whereof Master Atturney shewed great wisdome and care in his Majesties businesse And whereas Sir Walter had urged that it was not likely the King of Spaine would be so easily perswaded to provoke the King of England to a warre considering his bad fortune in six or seaven enterprises against this State and what he had lost by warre with England Master Atturney said he was so much the more likely to desire revenge and to entertaine the least hope thereof But Rawleigh answered All you suspitions and inferences are but to fortify my Lord Cobhams accusation My Lord Cobham is the onely man that doth accuse me My Lord Cobham lives and is in the house let him maintaine his accusation to my face My Lord Cobham hath confessed himfelfe guilty he is meerly at his Majesties mercy and without doubt shall highly offend the King if he go back from his word wherein he hath abused his Majesty and so is to looke for no mercy but shall surely dye On the other side he hath accused me to instigate and draw him into these treasons and if it be so then I have been the overthrow of him his honour estate and all He is a man of a most revengeful nature as all the world knowes who would he be more willingly revenged on then on him vvho hath been his utter overthrovv Why then my Lords if he vvill not displease the King in hope of mercy and compassion vvhich is his onely plea If he will be revenged on the man that brought him to all this that hath ruinated him and his house then will he justifie his accusation to my face then good my Lords let us be brought face to face My Lord of Northampton replyed Sir Walter you have heard it cannot be granted you pray importune us no longer No longer said Rawleigh it toucheth my Lord upon my life which I value at as high a rate as you do yours At last Sir Walter was asked whither he would say any more Then he directed his speech to the Gentlemen of the Jury saying you have heard the proofs I pray you consider that these men meaning Master Atturney and the rest of the Lawyers do usually defend very bad causes every day in the Courts against men of their owne profession as able as themselves if they can do so what may they do with me that never studied the law till I came into the Tower of London That have been practised in other affaires and am weake of memory and feeble as you see for he was faine to have pen and inke to helpe his memory in the long speeches that were made against him But remember the godly saying of Saint Augustine Si judicaveritis tanquam jam judicandi estis If you would be content to be judged upon suspitions and inferences if you would not have your accusation suscribed by your accuser If you would not have your accuser brought to your face being in the same house too where you are arraigned if you would be condemned by an accusation of one recanted and truly sorrowfull for it if you in my case would yeeld your bodyes to torture loose your lives your wives and children and all your fortunes upon so slender proof Then am I ready to suffer all these things Now after Master Serjeant Phillips had made a very long repetion of all the accusation Master Atturney asked Sir Walter againe whither he would say any more Rawleigh answered if he would say any thing he would answer him Master Atturney told him the Kings councell must speake last Nay by your leave said he he that speakes for his life shall speake last Are you contented said Master Atturney that the Jury shall go together yea in Gods name said Sir Walter Then Master Atturney entred into a speech to this effect Now Iesus Christ shall be glorified Iesus Christ shall have a great victory this day as great as when it was said vicisti Galilee Now Sir Walter I will prove you to have a Spanish heart See with what a vvhoorish forehead he hath defended his fault he hath deceived my poore Lord Cobham as Eve was deceived with an apple by a letter in an apple and hath seduced this poor Lord to write I know not what to him against his
conscience But he could not sleepe quietly till he had revealed the truth of it to the Lords and voluntarily of himself written the whole matter to them with his owne hand but yesterday vvhich I vvill read vvith a loud voice though I be not able to speake this sennight after and so pulled my Lord Cobhams letter out of his pocket vvhich vvas in effect thus to the Lords vizt. That Sir Walter had vvritten a letter to him a weeke before to intreat him for Gods sake to signifie unto him by his letter that he had vvronged him in his accusation and told him that the Lords had appointed to meet at Master Atturneys house to consider of his cause and that it vvas better to be constant in deniall than to appeale to the King and that he should take heed of Preachers by my Lord of Essexes example Novv it vvas vvrites my Lord Cobham no time to dissemble and therefore he protested unto their Lordships before God and Angels That the accusation of Sir Walter vvas substantially true And further confessed that Sir Walter had dealt with him since the Queenes death to procure him a pension from Spaine to give intelligence vvhen any thing vvas intended by England against them This letter vvas vvonderfully esteemed by Master Attourney and most effectually applyed vvith many quaint Phrases against Sir Walter vvho ansvvered nothing to those speeches vvhich vvere personall having said before that they vvere used onely to bring him into detestation of the vvorld but spake to this effect Novv it shall appeare that my Lord Cobham is an unworthy base silly simple poore soule Master Atturney said Is my Lord so poore Yea said he in Spirit Would to God you were so quoth Master Atturney Sir Walter proceeded I will tell you the troth It is true I got a poore fellow in the Tower to cast up a letter tyed to an apple for so Cobhams letter was conveyed in at my Lord Cobhams window when the Lievtenant was at supper which I was loath to have spoken of least the Lieutenant should be blamed but all the Lieutenants in the world could not have helpt it wherein I intreated him for Gods sake to do me right and to right the truth unto me because I knew not whither I should be arraigned before him or no and hereupon he writt to me how he had wronged me and herein I did nothing that was dishonest for ought I know but I sent him a letter againe because I heard he should be arraigned first and desired him to publish my innocence at his arraignment But that notwithstanding he writ unto me againe which letter I have now about me being all my hope and I beseech your Lordships to peruse it Master Atturney would not have it read but said My Lord Cecill marre not a good cause My Lord Cecill replyed Master Atturney you are more peremptory then honest you must not come heer to shew me what to do Then Sir Walter desired my Lord Cecil perticularly to read it because he knew my Lord Cobhams hand which at his request my Lord Cecil did The letter was to this purpose That whereas my Lord Cobham did not know whither he or Sir Walter should be first arraigned and because the bloud of Sir Walter and undoing of him his posterity should not be required at his hands at the last day Therefore he did by this letter confesse that he had wronged Sir Walter in his former accusation and that Sir Walter was innocent of any such practises and this was true as he hoped to be saved hereupon Sir Walter desired the Jury to consider what a man this was and what his testimony was yet if it were worth any thing The protestations which he had made to cleare him were more violent then those which he had made against him And the reason that might draw my Lord Cobham to vvrite this last letter in accusation of him were greater then could be alledged to perswade him to write the letter in his excuse here my Lord cheife Justice desired my Lord Cecil and my Lord of Northampton to satisfie the Jury that there was no condition of favour promised to my Lord Cobham for writing this last letter which they both did protest to their knowledge Nay said Sir Walter I dare say your Lordshipps would not offer it But my Lord Cobham received a letter from his wife that there was no way to save his life but to accuse me which was said upon the going together of the Jury Concerning the matter in my Lord Cobhams letter of standing to his deniall and to admit no preachers by the misfortune of my Lord of Essex and his desire of a pension from Spaine I protest to God said Sir Walter they are false like as the rest Saving that this I do confesse That my L. Cobham offered me a pension and I alas my Lords loath to cast him away and being confident that I had disswaded him from those humours did conceale it But that ever I dealt with him for any such pension is most untrue And for the meeting of the Lords at Mr. Atturnies house he heard so he protested by happe by a child of his After all this the Jury went together and staid above halfe an houre and returned with their verdict Guilty Then my Lord cheife Justice asked what he could say why Judgement should not be given upon him Hee said he knew the Court was to give Judgement after their verdict and so was willing my Lord should proceede Then my L. chiefe Justice pronounced Judgement against him in this manner viz. Sir Walter Rawleigh you are to be conveied to the place from whence you came and from thence to the place of execution and there to bee hanged till you are halfe dead your members to be out off your bowells to be taken out and cast into the fire before your face you being yet alive your head to bee cut off your quarters to be divided into foure parts to be bestowed in foure severall places and so said my Lord cheife Justice Lord have mercy upon your soule Sir Walter upon this humbly desired that the King might know the proofes against him And that hee did persist in his loyalty notwithstanding the said verdict which he would pray his said Jury might never answer for And further said the death of him and my Lord Cobham should witnesse betweene them Only he craved pardon for concealing my Lord Cobhams offer to him And humbly besought the King to have compassion on him hee was a poore gentleman and had a poore wife and a poore child raw and unbrought up he had much forgotten his duty in concealing my Lord Cobhams fault So Judgement being given as aforesaid and he having talked a while with the Lords in private went back with the Sheriffe to the prison with admirable erection yet in such sort as a condemned man should doe The proceedings against Sir Walter Rawleigh Knight At the Kings Bench Barre in
sinne for the Prophet David did make himselfe a foole and suffered spittle to fall down upon his beard to escape from the hands of his enemies and it was not imputed unto him so what I did I intended no ill but to gaine and prolong time till his Majesty came hoping for some Commiseration from him But I forgive this French-man and Sir Lewis Stewkelye withall my heart for I have received the Sacrament this morning of Master Deane of Westminster and I have forgiven all men but that they that are persideous I am bound in charity to speake that all men may take heede of them Sir Lewis Stewkeley my keeper and kinsman hath affirmed that I should tell him that my Lord Carewe and my Lord of Doncaster heer did advise me to escape but I protest before God I never told him any such thing neither did the Lords advise me to any such matter neither is it likely that I should tell him any such thing of two privy-Councellors neither had I any reason to tell him or he to report it for it is well knowne he left me 6,7,8,9 and 10 dayes together alone to go whither I listed whilest he rod himselfe about the Countrey He further accused me that I should shew him a letter whereby I did signifie unto him that I would give him ten thousand pounds for my escape But God cast my soule into everlasting fire if I made any such profer of 10000 pounds or 1000 but indeed I shewed him a letter that if he would go with me there should be order taken for his debts when he was gone neither had I 10000 pound to give him for if I had had so much I could have made my peace better with it otherwayes then in giving it to Stewkeley Further when I came to Sir Edward Pelhams house who had been a follower of mine and who gave me good entertainment He gave out that I had there received some dramme of poyson when I answered him that I feared no such thing for I was well assured of them in the house and therefore wisht him to have no such thought now God forgive him for I do and I desire God to forgive him I will not onely say God is a God of revenge But I desire God to forgive him as I do desire to be forgiven of God Then looking over his noate of remembrance well said he thus farre I have gone a little more a little more and I will have done by and by It was told the King that I was brought per-force into England and that I did not intend to come againe But Sir Charles Parker M. Trefham M. Leake and divers know how I was dealt withall by the common-souldiers which were 150 in number who mutined and sent for me to come into the ship to them for unto me they would not come and there was I forced for to take an oath that I would not go into England till that they would have me otherwise they would have cast me into the sea and therewithall they drove me into my Cabbin and bent all their forces against me Now after I had taken this oath with wine and other things such as I had about me I drew some of the cheifest to desist from their purposes and at length I perswaded them to goe into Ireland which they were willing unto and would have gone into the North parts of Ireland which I disswaded them from and told them that they were Red-Shankes that inhabited there and with much adoe I perswaded them to go into the south parts of Ireland promising them to get their pardons and was forced to give them 125 pound at Kinsall to bring them home otherwise I had never got from them I heare likewise there was a report that I meant not to go to Guyana at all and that I knew not of any myne nor intended any such thing or matter but onely to get my liberty which I had not the wit to keep But I protest it was my full intent and for gold for gold for the benefit of his Majesty and my selfe and of those that ventured and went with me with the rest of my countreymen But he that knew the head of the myne would not discover it when he saw my sonne was slaine but made away himselfe And then turning to my Earle of Arundel he said My Lord being in the Gallery of my ship at my departure I remember your Honor took me by the hand and said you would request one thing of me which was that whither I made a good voyage or a bad I should not fayle but to returne againe into England which I then promised you and gave you my faith I would and so I have To which my Lord answered and said it is true I do very well remember it they were the very last words I spake unto you Another slander was raised of me that I would have gone away from them and left them at Guyana But there was a great many worthy men that accompanied me alwayes as my Serieant Major George Rawleigh and divers others which knew my intent was nothing so Another opinion was held of me that I carried with me to sea 16000 peeces and that vvas all the voyage I intended onely to get mony into my hands As I shall ansvver it before God I had not in all the world in my hands or others to my use either directly or indirectly above a hundred pound whereof when I went I gave my wife 25 pounds thereof but the error thereof came as I perceived by looking over the Screvenors bookes where they found the bills of adventure arising to a great sum so raised that false report Onely I will borrow a little time of M. Sheriffes to speake of one thing that doth make my heart to bleed to heare that such an imputation should be layd upon me for it is said that I should be a persecutor of the death of the Earle of Essex and that I stood in a window over against him when he suffered and puffed out tobacco in disdaine of him God I take to witnesse I shed teares for him when he died and as I hope to looke God in the face hereafter my Lord of Essex did not see my face when he suffered for I was a farre off in the Armory where I saw him but he saw notme I confesse indeed I was of a contrary faction but I know my Lord of Essex was a noble gentleman and that it would be worse with me when he was gone for I got the hate of those which vvishad me well before and those that set me against him afterwards set themselves against me and was my greatest enemies and my soule hath many times been grieved that I was not nearer him vvhen he died because as I understood aftervvards that he asked for me at his death to have been reconcyled unto me And these be the materiall points I thought good to speake of and I ame novv at