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-Chief-Justice of England Popham Lord chief-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
on speaking of Accusers and made this difference An Accuser is a speaker by Report when a Witness is he that upon his Oath shall speak his knowledg of any Man A third sort of Evidence there is likewise and this is held more forcible than either of the other two and that is when a Man by his Accusation of another shall by the same Accusation also condemn himself and make himself liable to the same Fault and Punishment this is more forcible than many Witnesses So then so much by way of Imitation Then he defined Treason there is Treason in the Heart in the Hand in the Mouth in Consummation comparing that in Corde to the Root of a Tree in Ore to the Bud in Manu to the Blossom and that which is in Consummatione to the Fruit. Now I come to your Charge you of the Jury The greatness of Treason is to be considered in these two things Determinatione finis and Electione mediorum This Treason excelleth in both for that it was to destroy the King and his Progeny These Treasons are said to be Crimen laesae Majestatis this goeth further and may be term'd Crimen exterpandae Regiae Majestatis totius Progeniei suae I shall not need my Lords to speak any thing concerning the King nor of the Bounty and Sweetness of his Nature whose Thoughts are Innocent whose Words are full of Wisdom and Learning and whose Works are full of Honour although it be a true saying Nunquam nimis quod nunquam satis But to whom do you bear your Malice to the Children Raleigh To whom speak you this You tell me News I never heard of Attourney Oh Sir do I I will prove you the Notoriousest Traytor that ever came to the Bar. After you have taken away the King you would alter Religion as you Sir Walter Raleigh have followed them of the Bye in Imitation for I will charge you with the words Raleigh Your words cannot condemn me my Innocency is my Defence Prove one of these things wherewith you have Charg'd me and I will confess the whole Indictment and that I am the horriblest Traytor that ever lived and worthy to be Crucifi'd with a thousand thousand Torments Attourney Nay I will prove all Thou art a Monster thou hast an English Face but a Spanish Heart Now you must have Money Aremberg was no sooner in England I Charge thee Raleigh but thou incitedst Cobham to go unto him and to deal with him for Money to bestow on discontented Persons to raise Rebellion on the Kingdom Raleigh Let me Answer for my self Attourney Thou shalt not Raleigh It concerneth my Life Lord Chief Iustice Popham Sir Walter Raleigh Mr. Attourney is but yet in the General but when the Kings Counsel have given the Evidence wholly you shall Answer every Particular Attourney Oh! do I touch you Lord Cecil Mr. Attourney when you have done with this General Charge do you not mean to let him answer to every Particular Attourney Yes when we deliver the Proofs to be read Raleigh procured Cobham to go to Aremberg which he did by his Instigation Raleigh supped with Cobham before he went to Aremberg after Supper Raleigh conducted him to Durham House from whence Cobham went with Lawrency a Servant of Aremberg's unto him and went in by a Back-way Cobham could never be quiet until he had entertain'd this Motion for he had four Letters from Raleigh Aremberg answered the Money should be performed but knew not to whom it should be distributed Then Cobham Lawrency came back to Durham House where they found Raleigh Cobham and Raleigh went up and left Lawrency below where they had secret Conference in a Gallery and after Cobham and Lawrency departed from Raleigh Your Jargon was Peace What is that Spanish Invasion Scottish Subversion And again you are not a fit Man to take so much Money for procuring of a Lawful Peace for Peace procur'd by Money is dishonourable Then Cobham must go to Spain and return by Iersey where you were Captain And then because Cobham had not so much Policy or at least Wickedness as you he must have your advice for the distribution of the Money Would you have deposed so good a King lineally descended of Elizabeth Eldest Daughter of Edward the 4 th why then must you set up another I think you meant to make Arabella a Titular Queen of whose Title I will speak nothing but sure you meant to make her a Stale Ah good Lady you could mean her no good Raleigh You tell me News Mr. Attourney Attourney Oh Sir I am the more large because I know with whom I deal For we have to deal to day with a Man of Wit Raleigh Did I ever speak with this Lady Attourney I vvill track you out before I have done English-Men vvill not be led by persvvasion of Words but they must have Books to persvvade Raleigh The Book vvas written by a Man of your Profession Mr. Attourney Attourney I vvould not have you Impatient Raleigh Methinks you fall out vvith your self I say nothing Attourney By this Book you vvould persvvade Men that he is not the Lavvful King Novv let us consider some Circumstances My Lords you know my Lord Cobham for vvhom vve all Lament and Rejoyce Lament in that his House which hath stood so long unspotted is now Ruinated Rejoyce in that his Treasons are Reveal'd he is neither Politician nor Sword-Man Raleigh was both united in the Cause with him and therefore cause of his Destruction Another Circumstance is the secret Contriving of it Humphry Stafford claimed Sanctuary for Treason Raleigh in his Machivilian Policy hath made a Sanctuary for Treason He must talk with none but Cobham because saith he one Witness can never condemn me For Brook said unto Sir Griffith Markham Take heed how you do make my Lord Cobham acquainted for whatsoever he knoweth Raleigh the Witch will get it out of him As soon as Raleigh was examined on one Point of Treason concerning my Lord Cobham he wrote to him thus I have been examined of you and confessed nothing Further you sent to him by your trusty Francis Kemish that one Witness could not condemn and therefore bad his Lordship be of good Courage Came this out of Cobham's Quiver No But out of Raleigh's Machivilian and Devilish Policy Yea but Cobham did retract it Why then did you urge it Now then see the most horrible Practices that ever came out of the bottomless Pit of the Lowest Hell After that Raleigh had Intelligence that Cobham had Accused him he endeavoured to have Intelligence from Cobham which he had gotten by young Sir Iohn Payton But I think it was the Error of his Youth Raleigh The Lords told it me or else I had not been sent to the Tower Attourney Thus Cobham by the Instigation of Raleigh entred into these Actions So that the Question will be Whether you are not the principal Traitor and he would nevertheless have entred into it Why
fewel of Rebellion and common pretext of change in Government RELIGION the Pope pretending the Kingdom belonged to St. Peter Of his first Publick Appearance Mr. Cambden hath given us this Account The Queen though imbroil'd in a Rebellion at home of the Earl of Northumberland and Dacres in the North yet failed not to relieve the Protestants in France who were now brought into a distressed and almost desperate condition she exhorted all the Protestant Princes to assist the Common-Cause supplied the Queen of Navar with Money taking Jewels in pawn Permitted Henry Champernoun to carry into France a Troop of Gentlemen-Volunteers who were resolv'd to make good the Motto their Colours bore Finem det nobis Virtus Among these Sir Walter engaged himself though as Mr. Cambden goes on very young and now first beginning to be of any note So soon the early blossoms of his Valour began to appear which afterwards grew up to an exact ripeness and perfection France was the first School wherein he learnt the Rudiments of War and the Low-Countries and Ireland the Military Academies of those Times made him Master of that Discipline for in both places he exposed himself afterwards to Land-Service But their slender Pay discouraged him from staying long in either The Service of Ireland especially scarce supplying the necessities of a Military Life Being restless and impatient of a narrow and low Condition and his Services being not so successful as his Hopes were great and his Merits not answered with a Fortune strong enough to buoy up his Reputation he was resolv'd to leave no stone unturned nor any Method of living unexperimented And since his Land-Expeditions could make no Additions to his Fortunes Novelty and a desire of putting himself into a better capacity urg'd him to a Sea-Voyage At both Sea and Land he was the true Pattern of Industry and if any Man ever manag'd Necessity to its furthest Improvements it was He. No expert Souldier or Mariner escap'd his Acquaintance or Enquiries nothing that related to the Arts of War and Navigation missd his perusal and one who was Master of those parts he enjoy'd could with no great difficulty make those Arts his own Add to this the Methods he used to improve himself He slept but five hours four he spent in reading and mastering the best Authors two in a select Conversation and an Inquisitive Discourse the rest in Business He underwent all the labours that attend a Souldier and fared as the meanest No common Mariner took more pains or hazarded more in the most difficult Attempts What his Sea-Voyages produc'd Histories are silent in but not long after his return I find him got again into Ireland appearing with his own Colours flying in the Field under the command of the Lord Grey who succeeded Pelham in the Deputyship of that Kingdom He had not been long there before a Quarrel was rais'd between the Lord-Deputy and our Captain for with that Title he went into Ireland which being complain'd of to a Council of War was referr'd to the Council-Table in England Our Historians would make the Lord Grey's Cause the fairest but Justice and the Result of the Council gave Raleigh the Victory What were the occasions of this Quarrel our Annals slip over and have only left a large Field for Conjecture to tire it self in Whether an eager pursuit after Honour without exact obedience to Military-Command occasioned by a restless desire of doing something Great or what ever else it might be we leave the Reader to fancy However if his Cause had not been good no Apology how well soever manag'd could have brib'd the Judgment of so wise a Council wholly strangers to his Worth and Person About this time Authors place the Aera of his Rise but cannot well agree about the occasion of it Some would have Leicester to be the chief Agent in it and that he related the whole business at Council to the Queen with no little advantage to our Captain Not so much probably out of respect to Raleigh as to his own Interest For Favourites like their Princes seldom espouse any Cause upon any other ground than what advances or stands with their own Designs His own Designs indeed on the Queen were blasted and finding the burden and envy of a Statesman too heavy for his aged shoulders he was willing handsomly to impart them to a more active Genius Though great Favourites seldom admit of a Partner till Age makes them willing to withdraw and leave the trouble of Business to more spritely years They care not to have new Plants set till themselves are almost wither'd and sapless Others would have his Rise attributed to Sussex who brought him to Court to outshine Leicester and eclipse the splendor of his Enemy But what was the strongest Argument and only Perswasive with the Queen was his Merits which she soon saw and presently encouraged Nor must I here pass by one small step to his future Heighth which our Chronicles have over-look'd as below the Pen of an Historian thô some have judged an Account of some little transactions the best Inlets to Truth and Mysteries of State The occasion was thus Our Captain coming over out of Ireland upon the afore-mention'd Cause to Court in very good habit which it seems was the greatest part of his Estate which is often found to be no mean Introducer where Deserts are not known found the Queen walking till she was stopt by a plashy-place which she scrupled treading on presently he spread his new Plush-Coat on the Ground on which the Queen gently trod being not a little pleas'd as well as surpris'd with so unexpected a Complement Thus as one remarks upon this Story An Advantagious Admission into the first Notices of a Prince is more than half a degree to Preferment For he presently after found some gracious Beams of Favour reflecting on him which he was resolv'd and well knew how to cherish and contract To put the Queen in remembrance he wrote in a Window obvious to her Eye Fain would I climb yet fear I to fall Which her Majesty either espying or being shewn under-wrote this Answer If thy heart fail thee climb not at all But his aspiring Soul could not rest in the lower though safer way of living He could not be mean whose Resolutions were so great and whose Prudence and Activity made him capable of the highest Preferments Inspir'd with a restless and ambitious Genius he design'd nothing but what was extreme and had rather not be than not be one of the most Eminent And to the greatest height probably he had arrived had he lived in any other Princes Reigns than that of Queen Elizabeth and King James the former being not over-hasty to raise any to any great Honour and the latter not caring for Men of War and Blood Raleigh was so towardly an Apprentice in the Court-Trade that he soon set up for himself and would have improved this stock of Favour to
Citizens to an Insurrection But the City then being Rich was not so apt to rebel Rebellion being usually the Daughter of Poverty and Discontent For these Treasonable Actions being found guilty he was condemned and executed That he died bravely and like a Gentleman is not to be question'd but that Sir Walter Raleigh should come openly to see him die on purpose only to fat his Eyes with the Sacrifice of his Enemy can never be granted if we may believe himself in the same circumstances on the Scaffold where he told his Auditors on the words of a Dying-man he only came there to defend himself if any thing had been urg'd against him by the Earl Thus ended that Favourite whose Death struck a damp on the Queens prosperous days and gave blackness to her declining Reign This Blow like that of Gunpowder not only blew up his Friends and Neighbours but shook his Enemies at a distance for it reach'd Sir Walter too who wanting strength to grapple with his Rival the Treasurer and not owning humility enough to be his Servant perish'd at last in the Encounter This himself presag'd if we may believe Osborn as he came from the Execution of Essex in a Boat when he was heard to say That it was more safe to have many Enemies at Court of equal power than one false and ambitious Friend who hath attain'd to the absoluteness of Command The Queen could not long survive her Favourite for I find her Death to be the next year following A Queen who had enrich'd the Nation reform'd Religion curb'd the Pride of Spain supported France preserv'd Scotland protected the Hollander against the Spaniard and had vanquish'd his Armies by Sea and Land reduc'd Ireland to obedience notwithstanding all the subtil Practices of Spain and open Assistance given in Arms to her Irish Rebels with many other things which might seem too much to be the Atchievements of one Reign King James her Successor came to the possession of a Kingdom arrived at the heighth of Prosperity which like other Bodies when they are at their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tend to Corruption and degenerate This Sir Walter perceiv'd would have as he thought remedied Sir Iohn Fortescue the Lord Cobham Sir Walter and others would have obliged the King by Articles before his coming to the Crown that his Country-mens number should be limited But this was stopt by the prudent Treasurer and the bold Northumberland Sir Walter fear'd that the Scots like Locusts would quickly devour this Kingdom it being probable that like the Goths and Vandals they would settle in any Country rather than their own and would make it their business to render our Nation as poor as their own for this he with the rest of them was afterwards frown'd on by the King and lost his Command of the Guards However Sir Walter still pursued the Good and Glory of his Country and as formerly in Active Times gave his Advice against the Peace with Spain which might now with no great difficulty be brought on its knees At the entrance of the King he presented him with a Manuscript of his own writing with no weak Arguments against the Peace But Sir VValter was mistaken for his Counsel was ill tim'd and a new Part was now to be acted the Scene being changed Peace was the King's Aim whether out of Fear or Religious Principles I determine not But with Spain a Peace is concluded with an Enemy already humbled who now had time given them to recover their former Losses and were as it were cherish'd to assault us with the greater vigor which how true it proved every Man can tell And as if the King would quite run counter to the Queens Politiques the Estates of the Netherlands are despised slighted and deserted under pretence that it were of ill example for a Monarch to protect them The King is hardly warm in his Throne but there is a great noise of a Plot generally call'd Sir Walter Raleigh's Treason but upon vvhat Grounds I know not since he had the least hand in it as by his Tryal will appear A Plot that is still a Mystery and hath a Vail spread over it A Plot compos'd of such a Hodg-podg of Religion and Interests that the World stands amazed Sir Walter Raleigh should ever be drawn into it A Plot so unlikely to hurt others or benefit themselves that as Osborn tells us If ever Folly was capable of the title or Pity due to Innocence theirs might claim so large a share as not possibly to be too severely condemn'd or slightly enough punished Envy and Disdain as Sir Walter has told us in his Remains seek Innovation by Faction Discontent is the great Seducer which at first put him to search into a Plot he afterwards was betray'd into The chief Ingredients in this Medley were two Priests Watson and Clerk and Count Arembergh Ambassador Extraordinary for the Arch-Duke who brought in Cobham and he his Brother George Brook both Protestants at least seeming so George Brook hook'd in Parham and others and they the Lord Grey of Wilton a rank Puritan then came in Sir Walter the wisest of them all according to Sanderson who as he tells us dallied like a Fly in the flame till it consum'd him Willing he was to know it and thought by his Wit to over-reach the Confederates whom he knew well enough thô he dealt with none but Cobham as I can find out One Mr. Lawrency an Antwerp-Merchant was the property made use of by Arembergh and a Crony of the Lord Cobhams These carried on the Contrivance a long while which as Sanderson tells us was betray'd by Lawrency and the vigilancy of Cecil And indeed it was morally impossible that so many disagreeing weak Souls should carry on a Project without taking Air the least glimpse being enough to give light to the States-men of those times Their Designs were 1. To set the Crown on the Lady Arabella or to seize the King and make him grant their Desires and a Pardon 2. To have a Toleration of Religion 3. To procure Aid and Assistance from Foreign Princes 4. To turn out of the Court such as they dislik'd and place themselves in Offices Watson to be Lord-Chancellor George Brook Lord-Treasurer Sir Griffin Markham Secretary of State Lord Grey Master of the Horse and Earl-Marshal of England But it seems they made no provision for Sir Walter which is no inconsiderable Argument of his Innocency who could have deserv'd and might have expected as great a Reward as any of them had he been engaged in the Plot. To oblige to Secrecy VVatson draws up an Oath But all is betray'd they are seiz'd examin'd and try'd How well or ill Sir Walter has acquitted himself we shall leave to the Opinion of the Readers of the following TRYAL which was exactly and faithfully taken THE ARRAIGNMENT OF Sir Walter Raleigh Knight AT Winton Thursday the 17th of November Anno Dom. 1603 before the Right Honourable The
Repulses three in Ireland and three at Sea and once in 1588 at Cales by my Lord Admiral I knew he was Discouraged and Dishonoured I knew the King of Spain to be the proudest Prince in Christendom but now he cometh Creeping to the King my Master for Peace I knew whereas before he had in his Port six or seven score Sail of Ships he hath now but Six or Seven I knew of Twenty five Millions he had from his Indies he hath scarce one left I knew him to be so Poor that the Jesuites in Spain who were wont to have such large Allowance were fain to beg at the Church-Door Was it ever read or heard that any Prince should disburse so much Money without a sufficient Pawn I knew her own Subjects the Citizens of London would not lend her Majesty Money without Lands in Mortgage I knevv the Queen did not lend the States Money without Flushing Brill and other Towns for a Pawn And can it be thought that he vvould let Cobham have so great a Sum I never came to the Lord Cobham's but about matters of his Profit as the Ordering of his House Paying of his Servants Board-vvages c. I had of his vvhen I vvas examined Four Thousand Pounds vvorth of Jewels for a Purchase a Pearl of three thousand Pound and a Ring vvorth five hundred Pound If he had had a fancy to run avvay he vvould not have left so much to have purchased a Lease in Fee Farm I savv him buy three hundred Pounds vvorth of Books to send to his Library at Canterbury and a Cabinet of thirty Pound to give to Mr. Attourney for dravving the Conveyances and God in Heaven knovveth not I vvhether he intended to travel or no. But for that Practice vvith Arabella or Letters to Aremberg framed or any Discourse vvith him or in vvhat Language he spake unto him if I knevv any of these things I vvould absolutely confess the Indictment and acknovvledge my self vvorthy ten thousand Deaths Cobham's second Examination read The Lord Cobham being required to Subscribe to an Examination there vvas shevved a Note under Sir Walter Raleigh's hand the vvhich vvhen he had perused he paused and after brake forth into these Speeches Oh Villain Oh Traytor I will now tell you all the Truth And then said His purpose vvas to go into Flanders and into Spain for the obtaining the aforesaid Money and that Raleigh had appointed to meet him in Iersey as he returned Home to be advised of him about the Distribution of the Money Popham Lord Chief Iustice. When Cobham answer'd to the Interrogatories he made scruple to subscribe and being urged to it he said If he might hear me affirm that a Person of his Degree ought to set his Hand he would I lying then at Richmond for fear of the Plague was sent for and I told he ought to subscribe otherwise it were a Contempt of a high Nature Then he subscribed The Lords questioned with him further and he shewed them a Letter as I thought written to me but it was indeed written to my Lord Cecil He desired to see the Letter again and then said Oh Wretch Oh Traytor Whereby I perceived you had not performed that Trust he had reposed in you Raleigh He is as passionate a Man as lives for he hath not spared the best Friends he hath in England in his Passion My Lords I take it he that has been examined has ever been asked at the time of his Examination if it be according to his meaning and then to subscribe Methinks my Lords when he accuses a Man he should give some Account and Reason of it it is not sufficient to say we talked of it If I had been the Plotter would not I have given Cobham some Arguments whereby to perswade the King of Spain and answer his Objections I knew Westmorland and Bothwell Men of other Understandings than Cobham were ready to beg their Bread Sir Thomas Fowler one of the Iury. Did Sir Walter Raleigh write a Letter to my Lord before he was examined concerning him or not Attourney Yes Lord Cecil I am in great Dispute with my self to speak in the Case of this Gentleman A former Dearness between me and him tied so firm a Knot of my Conceit of his Virtues now broken by a Discovery of his Imperfections I protest did I serve a King that I knew would be displeased with me for speaking in this Case I would speak whatever came of it But seeing he is compacted of Piety and Justice and one that will not mislike of any Man for speaking a Truth I will answer your Question Sir Walter Raleigh was staid by me at Windsor upon the first News of Copley that the Kings Person should be surprised by my Lord Grey and Mr. George Brook when I found Brook was in I suspected Cobham then I doubted Raleigh to be a partaker I speak not this that it should be thought I had greater Judgment than the rest of my Lords in making this haste to have them examined Raleigh following to Windsor I met with him upon the Tarras and willed him as from the King to stay saying The Lords had something to say to him Then he was examined but not concerning my Lord Cobham but of the Surprising Treason My Lord Grey was apprehended and likewise Brook by Brook we found that he had given notice to Cobham of the surprising Treason as he delivered it to us but with as much sparingness of a Brother as he might We sent for my Lord Cobham to Richmond where he stood upon his Justification and his Quality sometimes being froward he said he was not bound to subscribe wherewith we made the King acquainted Cobham said if my Lord Chief Justice would say it were a Contempt he would subscribe whereof being resolved he subscribed There was a Light given to Aremberg that Lawrency was examined but that Raleigh knew that Cobham was examined is more than I know Raleigh If my Lord Cobham had trusted me in the Main was not I as fit a Man to be trusted in the Bye Lord Cecil Raleigh did by his Letters acquaint us that my Lord Cobham had sent Lawrency to Aremberg when he knew not he had any Dealings with him Lord H. How It made for you if Lawrency had been only acquainted with Cobham and not with you But you knew his whole Estate and were acquainted with Cobham's Practice with Lawrency and it was known to you before that Lawrency depended on Aremberg Attourney 1. Raleigh protested against the surprising Treason 2. That he knew not of the Matter touching Arabella I would not charge you Sir Walter with a matter of Falshood You say you suspected the Intelligence that Cobham had with Aremberg by Lawrency Raleigh I thought it had been no other Intelligence but such as might be vvarranted Attourney Then it was but lawful Suspicion But to that whereas you said that Cobham had accused you in Passion I answer three Ways 1.
Cobham's I hear no other thing to which Accusation he never subscribed nor avouched it I beseech you my Lords let Cobham be sent for charge him on his Soul on his Allegiance to the King if he affirm it I am Guilty Lord Cecil It is the Accusation of my Lord Cobham it is the Evidence against you must it not be of force without his Subscription I desire to be resolved by the Judges whether by the Law it is not a forcible Argument of Evidence The Iudges My Lord it is Raleigh The King at his Coronation is sworn In omnibus Iudiciis suis Aequitatem non Rigorem Legis observare By the Rigour and Cruelty of the Law it may be a forcible Evidence Lord Chief Iustice. That is not the Rigour of the Law but the Justice of the Law else when a Man hath made a plain Accusation by Practice he might be brought to retract it again Raleigh Oh my Lord you may use Equity Lord Chief Iustice. That is from the King you are to have Justice from us Lord Anderson The Law is if the Matter be proved to the Jury they must find you Guilty for Cobham's Accusation is not only against you there are other things sufficient Lord Cecil Now that Sir Walter Raleigh is satisfied that Cobham's Subscription is not necessary I pray you Mr. Attourney go on Raleigh Good Mr. Attourney be patient and give me leave Lord Cecil An unnecessary Patience is a hindrance let him go on with his Proofs and then refel them Raleigh I would answer particularly Lord Cecil If you would have a Table and Pen and Ink you shall Then Paper and Ink was given him Here the Clerk of the Crown read the Letter which the Lord Cobham did write in Iuly which was to the effect of his former Examination further saying I have disclosed all to accuse any one falsly were to burthen my own Conscience Attourney Read Coplies Confession the 8 th of Iune he saith He was offered 1000 Crowns to be in this Action Here Watson's Additions were read The great Mass of Money from the Count was impossible saith Brook c. Brook's Confession read There have Letters passed saith he between Cobham and Aremberg for a great Sum of Money to assist a second Action for the surprising of his Majesty Attourney It is not possible it was of Passion for it was in talk before three Men being severally examined who agreed in the Sum to be bestowed on discontented Persons That Grey should have 12000 Crowns and Raleigh should have 8000 or 10000 Crowns Cobham's Examination Iuly 18. If the Money might be procured saith he then a Man may give Pensions Being asked if a Pension should not be given to his Brother Brook he denied it not Lawrency's Examination Within five days after Aremberg arrived Cobham resorted unto him That Night that Cobham went to Aremberg with Lawrency Raleigh supped with him Attourney Raleigh must have his part of the Money therefore now he is a Traytor The Crown shall never stand one Year on the Head of the King my Master if a Traytor may not be condemned by Circumstances For if A. tells B. and B. tells C. and C. D. c. you shall never prove Treason by two Witnesses Raleigh's Examination was read He confesseth Cobham offered him 8000 Crowns which he was to have for the furtherance of the Peace between England and Spain and that he should have it within three days To which he said he gave this Answer When I see the Money I will tell you more for I had thought it had been one of his ordinary idle Conceipts and therefore made no accompt thereof Raleigh The Attourney hath made a long Narration of Copley and the Priests which concerns me nothing neither know I how Cobham was alter'd For he told me if I would agree to further the Peace he would get me 8000 Crowns I asked him Who shall have the rest of the Money He said I will offer such a Noble-Man who was not named some of the Money I said he will not be perswaded by you and he will extreamly hate you for such a Motion Let me be pinched to Death with hot Irons if ever I knew there was any Intention to bestow the Money on discontented Persons I had made a Discourse against the Peace and would have printed it If Cobham changed his mind if the Priests if Brook had any such intent what is that to me They must answer for it He offered me the Money before Aremberg came that is difference of time Serjeant Philips Raleigh confesseth the Matter but avoideth it by distinguishing of Times You said it was offered you before the coming of Aremberg which is false For you being examined whether you should have such Money of Cobham or not You said yea and that you should have it within two or three days Nemo moriturus presumitur mentiri Lord Hen. How Alledg me any Ground or Cause wherefore you gave ear to my Lord Cobham for receiving Pensions in Matters you had not to deal with Raleigh Could I stop my Lord Cobham's Mouth Lord Cecil Sir Walter Raleigh presseth that my Lord Cobham should be brought face to face If he ask things of Favour and Grace they must come only from him that can give them If we sit here as Commissioners how shall we be satisfied whether he ought to be brought unless we hear the Judges speak Lord Chief Iustice. This thing cannot be granted for then a number of Treasons should flourish The Accuser may be drawn by Practice whilst he is in Person Iudg Gawdy The Statute you speak of concerning two Witnesses in case of Treason is found to be inconvenient therefore by another Law it was taken away Raleigh The common Trial of England is by Jury and Witnesses Lord Chief Iustice. No by Examination If three conspire a Treason and they all confess it here is never a Witness yet they are condemned Iudg Warburton I marvel Sir Walter that you being of such Experience and Wit should stand on this Point for so many Horse-stealers may escape if they may not be condemned without Witnesses If one should rush into the King's Privy-Chamber whilst he is alone and kill the King which God forbid and this Man be met coming with his Sword drawn all bloody shall not he be condemned to Death My Lord Cobham hath perhaps been laboured withal and to save you his old Friend it may be that he vvill deny all that vvhich he hath said Raleigh I know not how you conceive the Law Lord Chief Iustice. Nay vve do not conceive the Law but we know the Law Raleigh The Wisdom of the Law of God is absolute and perfect Haec fac vives c. But now by the Wisdom of the State the Wisdom of the Law is uncertain Indeed where the Accuser is not to be had conveniently I agree with you but here my Accuser may he is alive and in the House Susanna had been condemned if
have flayed alive all the poor Men which they have taken being but Merchant Men what Death and cruel Torment shall we expect if they conquer us Certainly they have hitherto failed grosly being set out thence as we were both for Number Time and Place Lastly To make an Apology for not working the Mine though I know his Majesty expected it whom I am to satisfie as much as my self having lost my Son and my Estate in the Enterprize yet it is true that the Spaniards took more care to defend the Passage leading unto it than they did the Town which by the King's Instructions they might easily do the Countries being Aspera Nemorosa But it is true that when Capt. Kemish found the River low and that he could not approach the Banks in most places near the Mine by a mile and where he found a descent a volley of Musquet shot came from the Woods upon the Boat and slew two Rowers hurt six others and shot a valiant Gentleman of Capt. Thornix of which Wound he languisheth to this day He to wit Capt. Kemish following his own Advice thought it was in vain to discover the Mine and he gave me this for an Excuse at his return That the Companies of English in the Town of St. Thoma were not able to defend it against the daily and nightly Assaults of the Spaniards That the Passages to the Mines were thick and unpassable Woods and that the Mine being discovered they had no Men to work it did not discover it at all For it is true the Spaniards having two Gold Mines near the Town the one possessed by Pedro Rodrigo de Paran the second by Harmian Frotinio the third of Silver by Capt. Francisco are useless for want of Negroes to work them For as the Indians cannot be constrained by a Law of Charles the 5th so the Spaniards will not nor can endure the labour of those Mines whatsoever the Bragadocio the Spanish Ambassador saith I shall prove under the Proprietors hands by the Custom-Book and the King 's Quinto of which I recovered an Ingot or two I shall also make it appear to any Prince or State that will undertake it how easily those Mines and five or six more of them may be possessed and the most of them in those Parts which have never as yet been attempted by any nor by any Passage to them nor ever discovered by the English French or Dutch But at Kemish's return from Orinoque when I rejected his counsel and his course and told him he had undone me and wounded my Credit with the King past recovery he slew himself For I told him seeing my Son was slain I cared not if I had lost 100 more in opening the Mine so my Credit had been saved For I protest before God had not Captain Whitney to whom I gave more countenance than to all the Captains of my Fleet run from me at the Granadoes and carried another Ship with him of Captain Woolastons I would have left my Body at St. Thome by my Sons or have brought with me out of that or other Mines so much Gold Oar as should have satisfied the King I propounded no vain thing what shall become of me I know not I am unpardoned in England and my poor Estate consumed and whether any Prince will give me Bread or no I know not I would desire your Honour to hold me in your good Opinion to remember my Service to my Lord of Arundel and Pembroke to take some pity on my poor Wife to whom I dare not write for renewing her sorrow for her Son And I beseech you to give a Copy of this to my Lord Carew for to a broken Mind a sick Body and weak Eyes it is a torment to write many Letters I have found many things of Importance for discovering the State and Weakness of the Indies which if I live I shall hereafter impart unto your Honour to whom I shall remain a faithful Servant WALTER RALEIGH Whilst this Action of St. Thome was performed and the Repulse in the way to the Mine Sir Walter staid at St. Point de Gallo the space of nine weeks where the unwelcome news was brought him of the loss of his Son and the Defeat they met with in their Design upon the Mine However this ill News could not alter the Resolutions of Sir Walter of Returning to England though he knew he should meet with several Enemies there who had by their Calumnies rendred the Voyage nothing but a Design and though several of his Men were for landing at New-found-Land For if we may believe himself at the hour of his Death the two Noble Earls Thomas of Arundel and William of Pembroke engaged him to return and Sir VValter was resolv'd thô inevitable Danger threatned him to keep his Promise No sooner had they arrived upon the Coasts of Ireland but the Taking and Sacking of St. Thome firing of the Town and putting the Spaniards there to the Sword though in their own defence was noised abroad in all parts and was by special Advertisment come unto the knowledg of Count de Gondamor Who thereupon desiring Audience of his Majesty said he had but one word to say His Majesty much wondring what might be delivered in one word when he came before him he only bawl'd out Pyrates Pyrates Pyrats A very pretty short Speech for an Ambassador Whereupon his Majesty published his Royal Proclamation for the discovery of the Truth of Sir VValter Raleigh's Proceedings and the Advancement of Justice But after all this Noise Sir VValter is not question'd for his Guiana Action For it is believed not without very good Ground that neither the transgression of his Commission nor any thing acted beyond the Line where the Articles of Peace between the two Crowns did not extend could have in a legal course of Tryal shortned his days When Sir Walter was arrived at Plymouth Sir Lewis Steukly Vice-Admiral of the County of Devon seiz'd him being Commissioned by his Majesty to bring him to London which could add no Terror to a Person who could expect nothing less and was now forc'd to make use of all the Arts imaginable to appease his Majesty and defer his Anger To which intent Manowry a French Quack at Salisbury gave him several Vomits and an Artificial Composition which made him look gastly and dreadful full of Pimples and Blisters and put the Cheat upon the very Physicians themselves who could not tell what to make of his Urine thô often inspected being adulterated with a Drug in the Glass that turn'd it even in their very hands into an earthy humour of a blackish colour and of a very offensive savour While he lay under this Politick disguise he penn'd his Declaration and Apologie which have sufficiently proved his honourable Designs in that Voyage and answered the little Calumnies of his Enemies When he was brought to London he was permitted the Confinement of his own House But finding the Court wholly