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

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THE ARRAIGNMENT and Conviction of Sr Walter Rawleigh At the Kings Bench-Barre at WINCHESTER on the 17. of November 1603. Before the right Honorable the Earle of Suffolke Lord Chamberline the Earle of Devonshire Lord Henry Howard Lord Cecill Lord Wotton Sir Iohn Stanhope Lord Chiefe Justice of the Common-Pleas Popham and Andrewes Justice Gaudy Justice Warberton Sir William Wade Commissioners Coppied by Sir THO: OVERBVRY LONDON Printed by William Wilson for Abel Roper at the Sun over against St. Dunstons Church in Fleetstreet Anno Dom. 1648. THE ARRAIGNEMENT and conviction of Sir Walter Rawleigh At the Kings Bench Barre at Winchester 17. Novemb. 1603. AFTER that Sir Walter Rawleigh was brought to the Barre hee sate upon a stoole within a place made of purpose for the prisoner to be in and expected the comming of the Lords during which time he saluted divers of his acquaintance with a very steadfast and chearefull countenance When the Commissioners were all assembled having stood up a while hee desired the Marshall to aske leave of the Lords that hee might sit which was presently granted Then the Court proceeded in his Arraignment according to the ordinary course unto which Sir Walter did orderly and willingly dispose himselfe as the Jury was culled to the booke he was asked whether hee would challenge any of the gentlemen impanelled for his Jury hee said hee knew none of them but hoped they were honest men and so desired the Court to take their choyce of them The Jury being sworne who were Sir Ralph Conisbie sir Thomas Fowler sir Edward Peacock sir William Rowe Knights Henry Goodier Roger VVood Thomas VValker Thomas VVhitby Esquiers Thomas Higate Robert Kempton Iohn Chawkie Robert Brumley Gentlemen The Inditement was red by the Clearke of the Crowne Office the effect whereof was as followeth THat he did conspire and goe about to deprive the King of his government and to raise up sedition within the Realme to alter Religion and to bring in the Romish Superstition and to procure forraigne enemies to invade the Kingdomes That the Lord Cobham the ninth of June last did meet with the said Sir Walter Rawleigh Cobham was then in Durham House in the Parish of St. Martins in the Fields and then and there had conference with him how to advance Arabella Steward to the Crowne and Royall Throne of this Kingdome and that then and there it was agreed that Cobham should treate with Aremberge Ambassadour from the Archduke of Austria to obtaine of him 600 thousand Crownes to bring to passe their intended Treasons It was agreed that Cobham should go to Albert the Archduke to procure him to advance the pretended title of Arabella from thence knowing that Albert had not sufficient meanes to maintaine his owne Army in the Lowcountreys Cobham should go into Spaine to procure the King to assist and surther her pretended Title It was also agreed the better to effect all these conspiracies that Arabella should write three Letters one to the Archduke another to the King of Spaine and another to the Duke of Savoy And promising three things First to establish firme peace betwixt England and Spaine Secondly to tolerate the Romish and Popish Superstition Thirdly to be ruled by them for the contriving of the Marriage and for the effecting of these trayterous purposes Cobham should returne by the Isle of Jersey and should find Sir VValter Rawleigh Captaine of the said Isle of Jersey there and take counsell of him for the distributing of the foresaid Crownes as the occasions and discontentment of the Subjects should give cause and way And further that Cobham and his brother Brooke did meete on the ninth of June last and Cobham told Brooke all the Treasons to which Treasons Brooke gave his assent and did joyne himselfe to all these And after on the Thursday following Cobham and Brook did trayterously speake these words That there would never be a good world in England till the King and his Cubs meaning his Royall issue were taken away and the more to disable and deprive the King of his Crowne and to confirme the said Cobham in his intents Rawleigh did trayterously publish a Booke falsely written against the most just and royall title of the King knowing the said book to be written against the King which book Cobham afterwards received of him And further for the better effecting of these trayterous purposes and to establish the said Brook in his intents Cobham did deliver the said Booke to him on the fourteenth of June and on the sixteenth of June for the accomplishment of the said conference and by the trayterous instigations of Rawleigh did move Brook to incite Arabella to write to the three foresaid Princes to procure them to advance her Title that she after that she had obtained the Crowne should performe three things viz. To establish a firme peace betwixt England and Spaine Secondly to tolerate the Popish Religion with impunitie Thirdly to be ruled by them three in the contracting of Marriage by their assent And for the better effecting of these Treasons Cobham upon the 17. of June by the instigation of Rawleigh did write Letters to count Aremberge and delivered the said letters to one Mathew de Lawrencie who delivered them to the Count for the attaining of 600000. Crownes which money by other letters Aremberge did promise to performe payment of and those Letters Cobham did receive on the 18. of June then did Cobham promise Rawleigh that when hee should have received that money he would deliver 8000. Crownes to him to which motion he did consent And afterwards Cobham offered Brooke that when he should have received that money hee would give 10000. Crownes thereof to him to which motion Brooke did assent Master Serjeant Heale opened the matter and delivered the effect of the inditement In whose speech this was observed that he charged Sir Walter to have intended the Intitling of the Lady Arabella Steward to the Crowne who he said had no more title thereunto than he had himselfe and further said after a little pause that hee for his owne part did disclaime and renounce all title thereunto whereat Sir Walter Rawleigh smiled The Serjeant concluding Mr. Atturney Cooke began and with a long disourse amplified with vehement words and actions the severall treasons whereof Sr Walter stood indited wherein hee so farre moved Sir Walter that hee many times offered to make answer for himselfe before the Court would give him leave protesting Mr Atturney told him newes hee never heard of before and that his memory by reason of his sicknesse was so feeble that he could not remember so many circumstances as Mr. Atturney tired him withall But Mr. Atturney pressed the Lords that the Kings evidence ought not to be broken or dismembred whereby it might loose much of its grace and vigor notwithstanding it was yeelded when M. Atturney came to his proofe Sir Walter Rawleigh should have leave to answer his severall points as they were objected In
brother And he said out of that which was in my Lord Treasurers house in the Strand Whereupon my Lord Cecil published that after his Fathers death Sir VValter desired to search for some Cosmographycall descriptions of the West-Indies which he thought werein his study and were not to be had in print which he granted and said he would as soon have trusted Sir Walter as any man though since for some infirmities of Sir VValters the bonds of his affection had been crackt yet reserving his duty to the King his Master which he could not despence withall in his service hee swore by God he loved him and found a great conflict in himselfe in that so compleat a member in a common-wealth was fallen away But he must needs say that Sir VValter used him discourteously to take the book away and not to acquaint him therewith Neverthelesse he said he need not to make any Apology in the behalfe of his Father considering how usuall and necessary a thing it is for Councellors and those in his place to intercept and keep all such kinde of writings for whosoever should now search his study or at least his Cabinet should like enough finde all the famous libells that ever were made against the Queene that dead is and shall also finde divers made against the King our Soveraigne Lord that now is since his coming to the Crowne Sir VValter said that the book was a manuscript and had noted in the beginning with my Lord Treasurers owne hand this is the book of one Rob. Snag and affirmed that as my L. Cecil had said he thought a man might finde also in his house all the libells that had been made against the late Queene But M. Attourney said that he was no privy councellor nor he hoped never should be my Lord Cecil answered that he indeed was no councellor of state yet he had been often called to consultation Sir VValter thought it a very severe interpretation of the law to bring him within the compasse of Treason onely for this book written so long agone as it was whereof no man had read more than the Titles of the Chapters and which was burned by George Brook without his privity admitting that he had delivered it to my Lord Cobham not advancing nor approving the same but discommending it as Cobhams first confession was and he put this case If he should come to my Lord Cecil as oft he had done and finde a searcher with him with a packet of libells and my Lord let him have one or two to peruse this he hoped was no treason To prove this treason against the State and common-weale my Lord Cobhams confessions were read to this effect That it was agreed between Sir VValter Rawleigh and him that my Lord Cobham should deale with Count Aremberg to procure six hundred thousand crownes that Count Aremberge did promise to satisfie his request to the intent to advance the Title of Arabella and that it was likewise concluded that Cobham should under pretence of travelling Goe into the Low-Countries into France and Spaine and carry three letters from the Lady Arabella to the Arch-Duke to the Duke of Savoy and to the King of Spaine to obtaine the said summe of Crownes and thereby to promise three things unto the Princes First that there should be a peace concluded with Spaine Secondly that there should be a toleration of Religion in England Lastly that she would not marry but by the direction of the said Princes And that she should come back by Iersey and there he should meet with Sir VValter Rawleigh and then they would agree how to dispose the mony to discontented persons whereof he thought he should finde many at his returne and that Sir VValter should have a great number of crownes from the said Count Aremberge And that Sir VValter thought that the best course to trouble England was to cause division in Scotland And my L. Cobham further accused Sir Walter to have b in the only instigator of him to all these treasons And one Mat. de Lawrencie a merchant of Antwerp that was used between Count Aremberge and my L. Cobham confessed that Sir Walter Rawleigh supped with my Lord Cobham one night when he came to my Lord Cobhams house and that they three went alone to Sir Walter Rawleighs house in the Strand by water and that the said Mathew de Lawrencie delivered a letter to my Lord Cobham from Count Aremberge at Durham-house and immediately Sir Walter went up with my Lord Cobham into his chamber and Mathew de Lawrencie tarried below Sir Walter confessed that he knew very well that Mathew de Lawrencie held intelligence betweene Count Aremberg and my Lord Cobham and so did the Lords of the councell know that it had been so these seaven yeares by licence of the Queene But that he knew to what purpose it was now of late he denied other then he took it to have been concerning the businesse of the peace with Spaine for that my Lord Cobham said that his brother George Brook was very loath to accuse him Sir Walter proceeded and asked whither my Lord Cobham had accused him or confessed any such thing It was answered that my Lord Cobham had been asked whither he had spoken any such thing concerning his said brothers unwillingnesse and he would make no other answer but that he had however he said it proceeded out of a discontented minde from the said George Brook which M. Attourney said was a confession of their pretence in law Then Sir VValter Rawleigh said that if my Lord Cobham had accused him as they alledged he ought to renew his accusation to his face that so he might not be massacred by heersay and affirmed it was Sir Nicolas Throgmortons case There was further urged against Sir VValter for intending to make away the King the testimony of one that had been lately at sea who was in the Court in a blew cassock and deposed That being at Lisbone not long after the coming in of the King into England a Portugall Gentleman asked him whence he was and said of of England Then he asked whither our King were crowned or not and he answered he hoped so by this time whereupon the Portugall said that my Lord Cobham and and Sir VValter Rawleigh would make him away before it were long Sir VValter made light of this rumour and of the witnesse and said that he thought it might be so for that my Lord Cobham knowing that he had written a book and presented it to the King to move his minde not to make his peace with Spaine hearing him one day at his Table dispute very violently against the peace told him in his Gallery presently after he need not be so much against the peaces for he should have seven thousand crownes to labour for it and that he thought it to be a toye nor knew how to deserve it yet his answer was let me see the mony and then I will answer