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
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.
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
or any other Wares or Merchandizes or Commodities whatsoever as they shall think most fit and convenient and the same being so Returned Imported Conveyed and Brought into this Our Kingdom or any other Our Dominions to have take keep retain and convert to the only proper Use Benefit and Behoof of the said Sir Walter Raleigh and his said Company and other Persons Adventurers and Assistants with or to him in his Uoyage without the Let Interruption Molestation and Disturbance of Us Our Heirs or Successors or any the Officers or Ministers of Us Our Heirs or Successors whatsoever Paying and Answering unto Us Our Heirs and Successors the full fifth part in five parts to be divided of all such Gold and Silver and Bullion and Oar of Gold or Silver and Pearl and precious Stones as shall be Imported over and besides and together with such Customs Subsidies and other Duties as shall be due for or in respect of any other Goods Wares or Merchandizes whatsoever to be so Imported by the true meaning of these Presents And to the end the said Sir Walter Raleigh may be the more Encouraged to go forward in this his Enterprise and all Our loving Subjects desirous to be Adventurers with him or Assistant unto him may be the more incited to further his Proceedings We do hereby in verbo Regio for Us Our Heirs and Successors Covenant Promise and Grant to and with the said Sir Walter Raleigh and all other Persons that shall accompany him or to be attendant upon him or to be Adventurers or Asistants with or to him in this his Uoyage that no Gold Silver Goods Wares or Merchandizes whatsoever of what kind or sort soever by him or them or any of them to be Imported into this Our Kingdom of England or any other Our Dominions from any the said South or other parts of America Possessed or Inhabited as aforesaid shall be attached seized or taken by Us Our Heirs or Successors or to the use of Us Our Heirs or Successors or by any the Officers or Ministers of Us Our Heirs or Successors whatsoever But that the same and every of them the fifth part of the said Gold Silver or Bullion and Oar of Gold and Silver and Pearl and precious Stones and other the Customs and Duties aforesaid being truly answered and payed shall be and remain to the sole and proper use and behoof of the said Sir Walter Raleigh and his said Company and such Persons as shall be Adventurers with him or Assistant to him in this his Uoyage any Law Statute Act of Parliament Proclamation Provision or Restraint or any Right Title or Claim of Us Our Heirs or Successors or any other matter or thing whatsoever to the contrary in any wise notwithstanding And further of Our more especial Grace certain Knowledg and meer Motion We do hereby for Us Our Heirs and Successors ordain constitute and appoint the said Sir Walter Raleigh to be the sole Governour and Commander of all Persons that shall travel or be with him in the said Uoyage to the said South or other parts of America so possessed and inhabited as aforesaid or in returning from thence And we do hereby give unto him full Power and Authority to Correct Punish Pardon Govern and Rule them or any of them according to such Orders Ordinances Constitutions Directions and Instructions as by the said Sir Walter Raleigh shall be from time to time Established aswel in cases Capital and Criminal as Civil both Marine and other So always as the said Statutes Ordinances and Proceedings as near as conveniently may be be agreeable to the Laws Statuts Government and Policy of this Our Realm of England and not against the true Christian Faith now professed in the Church of England And because that in such and the like Enterprises and Uoyages great Inconveniencies have grown by the mutinous and disorderly carriage of the Mariners and Saylors employed in the same for want of sufficient Authority to punish them according to their Offences We do therefore by these Presents for Us Our Heirs and Successors give full Power and Authority to the said Sir Walter Raleigh in case of Rebellion or Mutiny by Sea or Land to use and exercise Martial Law upon just ground and apparent necessity in as large and ample manner as our Lieutenant General by Sea or Land or our Lieutenants in Our Counties within Our Realm of England have had or ought to have by force of their Commission of Lieutenancy And we do further by these Presents give full Power and Authority to the said Sir Walter Raleigh to Collect Nominate and Appoint such Captains and other inferiour Commanders and Ministers under him as shall be requisite for the better ordering and governing of his Company and the good of the Uoyage And further We do by these Presents for Us Our Heirs and Successors straightly Charge and Command the Warden of Our Cinque Ports and all the Customers Comptrollers Surveyers Searchers Waiters and other Officers and Ministers of Us Our Heirs and Successors for the time being that they and every of them do quietly permit and suffer the said Sir Walter Raleigh and all Person and Persons that shall be willing to Travel and Adventure with him in this Uoyage with their Ships Munition Goods Wares and Merchandizes whatsoever out of this Our Realm or any other Our Dominions to pass into the said South or other parts of America Possessed and Inhabited as aforesaid and from thence to return and import into this Our Realm or any other Our Dominions any Goods Wares or Merchandizes whatsoever and there to Sell or otherwise dispose of the same to the best benefit and advantage and to the only use and behoof of the said Sir Walter Raleigh and his Company and such other Persons as shall be Adventurers with him in this Uoyage paying the fifth part of all Gold and Silver and Bullion and Oar of Gold and Silver and of Pearl and precious Stones imported and other the Customs and Duties aforesaid And these Presents or the Inrolment thereof shall be unto the said Wardens of the Cinque Ports Customers Comptrollers and other the Officers and Ministers aforesaid for the time being a sufficient Warrant and Discharge in that behalf And Our Will and Pleasure is And by these Presents for Us Our Heirs and Successors We do grant unto the said Sir Walter Raleigh That these Our Letters Patents or the Inrolment thereof and all and singular Grants Clauses and things therein contained shall be firm strong sufficient and effectual in Law according to Our gracious Pleasure and Meaning herein expressed Any Law Statute Act Provision Ordinance or Restraint or any other Matter or Thing to the contrary thereof in any wise notwithstanding Although express mention c. In Witness whereof c. Witness Our Self at Westminster the six and twentieth Day of August in the fourteenth Year of Our Reign of England France and Ireland and of Scotland the fiftieth Per breve