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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A59998 The life of the valiant & learned Sir Walter Raleigh, Knight with his tryal at Winchester. Shirley, John, 1648-1679. 1677 (1677) Wing S3495; ESTC R14700 67,858 244

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than fear of Death What made ill for Sir Walter was his Discovery of Lawrency and Cobham's frequent private Conferences which so incensed Cobham that he positively accused him though the single Evidence of one already convicted of what Sir Walter was but yet impeached could only make a Circumstance and not convict him The Judges and the King's Counsel did vvhat they could to bawl him out of his Life and since they vvanted Proof they would endeavour to tire him out If we may believe Osborn several of the Jury-men after he was cast vvere so far touch'd in Conscience as to ask of him pardon on their knees A further Confirmation of his Innocency may be a Passage of his ovvn in a Letter to Secretary Winwood wherein he tells him That the worthy Prince of Wales was extream curious in searching out the nature of his Offences The Queens Majesty had inform'd her self from the beginning The King of Denmark at both times of his being here was throughly satisfied of his Innocency they would otherwise never have moved his Majesty on his behalf The Wife the Brother and the Son of a King do not use to sue for Men suspect Nay further yet the Scots themselves declar'd in favour of him if we may believe him in another Letter of his to Sir Robert Car after Earl of Somerset wherein are these words I have ever been bound to your Nation as well for many other Graces as for the true Report of my Trial to the King's Majesty against whom had I been malignant the hearing of my Cause could not have changed Enemies into Friends Malice into Compassion and the Minds of the greatest number then present into Commiseration of mine Estate It is not the nature of foul Treason to beget such fair Passions neither could it agree with the duty and love of faithful Subjects especially of your Nation to bewail his Overthrow that had conspired against their most natural and liberal Lord. Two days after Raleigh's Tryal were sentenced Brook who pretended his intention was only to try faithful Subjects and said he had a Commission for so doing but produc'd it not Markham who confest the Indictment pleaded Discontent and desired Mercy Watson who confest he drew them all in holding the King to be no Sovereign till he were crown'd instancing in Saul and Ieroboam And Clark who said the like Parham and Brooksby were acquitted by the Jury Watson Clark and Brook were executed Markham Cobham and Grey brought severally on the Scaffold to dye and at the instant on the Block had their particular Executions remitted by a Letter to the Sheriff under the King 's own Hand without the knowledge of any save Mr. Gibbs Gentleman of the Bedchamber that brought it However an evil Fate did attend these Men Grey died in the Tower the last of his Line the rest were discharg'd but died miserably poor Markham and some others abroad but Cobham as Osborn tells us in a Room ascended by a Ladder at a poor Womans house in in the Minories formerly his Landress died rather of hunger than a natural disease Sir Walter was left to his Majesties Mercy who thought him too great a Male-content to have his Freedom and probably too Innocent to lose his Life Therefore in the Tower he is confin'd but permitted to enjoy Libera Custodia where he improv'd his Imprisonment to the greatest advantage of Learning and Inquisitive Men. Since his Majesty had civilly buried him and as it were banish'd him this World he thought it no Treason to disturb the Ashes of former times and bring to view the Actions of deceased Heroes And certainly none was so fit to comment on their Atchievements and so able to raise excellent Maxims from them as he who had been brought up in so wise a Court as Queen Elizabeth's and read so many wise Men. After some time past there he was delivered of that great Minerva the History of the World a Book which for the Exactness of its Chronology Curiousness of its Contexture and Learning of all Sorts seems to be the Work of an Age. An History which never yet met with a Detractor and was the Envy if some Authors may be credited of King James himself who thought none could out-do him at the Pen. That a Man who had been the greatest part of his life taken up in Action should write so judiciously so critically of Times and Actions is as great a Wonder as the Book it self It still remains a Dispute whether the Age he lived in was more obliged to his Pen or his Sword the one being busie in conquering the New the other in so bravely describing the Old World An History wherein the only fault or defect rather is that it wanteth one half thereof which was occasioned as our Story tells us thus Some few days before he fuffered he sent for Mr. Walter Burr who formerly printed his first Volumn of the History of the World whom taking by the Hand after some other Discourse he ask'd how it had sold Mr. Burr returned this Answer It sold so slowly that it had undone him At which words of his Sir Walter stepping to his Desk reaches his other unprinted Part of his History which he had brought down to the Times he lived in and clapping his hand upon his breast said with a sigh Ah my Friend hath the first Part undone thee the second Part shall undo no more this ungrateful World is unworthy of it and immediately going to the Fire-side threw it in and set his foot upon it till it was consumed As great a loss to Learning as Christendom could have sustained the greater because it could be repaired by no hand but his It often happening to Authors as to great Masters in Painting their Pieces are not valued till they are dead and the succeeding Age find the Originals inimitable Whilst Sir Walter was thus confined Death took away his and Essex's mortal Enemy Sir Robert Cecil after Earl of Salisbury who had purchased the monopoly of Favour and being jealous of Sir Walter 's Parts had some fear he might supplant him which was the Cause according to Osborn that he was brought to the aforementioned Tryal However Sir Walter outlived his Enemies designs and hatred and for all his kindnesses bestowed upon him the following Epitaph which I am upon very good grounds assured to be his King James was so much taken with the smartness of it that he hoped the Author would die before him The Verses are these Here lies Hobinal our Pastor while here That once in a quarter our fleeces did shear To please us his Cur he kept under clogg And was ever after both Shepherd and Dog For Oblation to Pan his Custom was thus He first gave a trifle then offer'd up us And through his false Worship such pow'r he did gain As kept him 'o th Mountain and us on the Plain Where many a Hornpipe he tun'd to his Phillis And sweetly sung Walsingham to 's Amarillis
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.