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
in the Indictment all this was on the ninth of Iune Then three days after Brook was acquainted with it After this Cobham said to Brook It will never be well in England till the King and his Cubs are taken away Afterwards Raleigh delivered a Book to Cobham treacherously written against the Title of the King It appears that Cobham took Raleigh to be either a God or an Idol Cobham endeavours to set up a new King or Governour God forbid mine Eyes should ever see so unhappy a change As for the Lady Arabella she upon my Conscience hath no more title to the Crown than I have which before God I utterly renounce Cobham a Man bred in England hath no experience abroad but Raleigh a Man of great Wit Military and a Sword-man Now whether these things were bred in a hollow Tree I leave to them to speak of who can speak far better than my self And so sate him down again Sir Edward Cook the Kings Atturney I must first my Lords before I come to the Cause give one Caution because we shall often mention Persons of eminent Places some of them great Monarchs What ever we say of them we shall but repeat what others have said of them I mean the Capital Offenders in their Confessions We professing Law must speak reverently of Kings and Potentates I perceive these honourable Lords and the rest of this great Assembly are come to hear what hath been scattered upon the Wrack of Report We carry a just Mind to condemn no man but upon plain Evidence Here is Mischief Mischief in summo Gradu exorbitant Mischief My Speech shall chiefly touch these three Points Imitation Supportation and Defence The Imitation of Evil ever exceeds the Precedent as on the contrary Imitation of Good ever comes short Mischief cannot be supported but by Mischief yea it will so multiply that it will bring all to confusion Mischief is ever underprop'd by Falshood of foul Practices And because all these things did concur in this Treason you shall understand the Main as before you did the Bye The Treason of the Bye consisteth in these Points First That the Lord Grey Brook Markham and the rest intended by Force in the Night to surprize the King's Court which was a Rebellion in the Heart of the Realm yea in the Heart of the Heart in the Court They intended to take him that is a Sovereign to make him subject to their Power purposing to open the Doors with Musquets and Calievers and to take also the Prince and Council Then under the King's Authority to carry the King to the Tower and to make a Stale of the Admiral When they had the King there to extort three things from him First A Pardon for all their Treasons Secondly A Toleration of the Roman Superstition Which their Eyes shall sooner fall out than they shall ever see for the King hath spoken these words in the hearing of many I will lose the Crown and my Life before ever I will alter Religion And thirdly To remove Counsellors In the room of the Lord Chancellor they would have plac'd one Watson a Priest absurd in Humanity and ignorant in Divinity Brook of whom I will speak nothing Lord-Treasurer The great Secretary must be Markbam Oculus Patriae A Hole must be found in my Lord Chief Justice's Coat Grey must be Earl-Marshal and Master of the Horse because he would have a Table in the Court marry he would advance the Earl of Worcester to an higher Place All this cannot be done without a Multitude Therefore Watson the Priest tells a Resolute Man that the King was in danger of Puritans and Iesuites so to bring him in blindfold into the Action saying that the King is no King till he be Crown'd therefore every Man might right his own Wrongs but he is Rex natus His Dignity descends as well as yours my Lords Then Watson imposeth a blasphemous Oath That they should swear to defend the King's Person to keep secret what was given them in charge and seek all ways and means to advance the Catholick Religion Then they intend to send for the Lord Mayor and the Aldermen in the King's Name to the Tower lest they should make any Resistance and then to take Hostages of them and to enjoyn them to provide for them Victuals and Munition Grey because the King removed before Midsommer had a further reach to get a company of Sword-men to assist the Action Therefore he would stay till he had obtained a Regiment from Ostend or Austria So you see these Treasons were liste Sampson's Foxes which were joyned in their Tails though their Heads were severed Raleigh You Gentlemen of the Jury I pray remember I am not charged with the Bye being the Treason of the Priest Attorney You are not My Lords you shall observe three things in the Treasons First They had a Watch-word the King's safety their Pretence was Bonum in se their Intent was Malum in se. Secondly They avouched Scripture both the Priests had Scriptum est perverting and ignorantly mistaking the Scriptures Thirdly They avouched the Common Law to prove that he was no King till he was crowned alledging a Statute of Eliz. 13. This by way of Imitation hath been the course of all Traytors In the 20th of Edw. the 2 d Isabella the Queen and the Lord Mortimer gave out that the King's Person was not safe for the good of the Church and Common-wealth The Bishop of Carlile did preach on this Text My Head is grieved meaning by the Head the King that when the Head began to be Negligent the People might reform what is amiss In the 3 d Hen. 4. Sir Roger Claringdon accompanied with two Priests gave out that Richard the Second was Alive when he was Dead Edward the 3 d caused Mortimers Head to be cut off for giving counsel to murther the King The 3. Hen 7. Sir Henry Stanly found the Crown in the Dust and set it on the King's Head when Fitzwater and Garret told him that Edward the 5 th was alive he said If I be alive I will assist him But this cost him his Head Edmond de la Pool Duke of Suffolk killed a Man in the Reign of King Henry the 7 th for which the King would have him hold up his hand at the Bar and then Pardoned him Yet he took such an Offence thereat that he sent to the Noblemen to help to reform the Common-wealth and then said he would go to France and get Power there Sir Roger Compton knew all the Treason and discovered Windon and others that were Attainted He said there was another thing that would be stood upon namely that they had but one Witness Then he vouched one Appleyard's Case a Traytor in Norfolk who said a Man must have two Accusers Helms was the Man that accused him but Mr. Iust. Catlin said that that that Statute was not in force at that day His words were Thrust her into the Ditch Then he went
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
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.
of his Conferences with Aremberg he would surely have given me some account L. Cecil That follows not If I set you on work and you give me no account am I therefore innocent Attourney For the Lady Arabella I said she was never acquainted with the matter Now that Raleigh had Conference in all these Treasons it is manifest The Jury hath heard the matter There is one Dyer a Pilot that being in Lisbon met with a Portugal Gentleman who ask'd him if the King of England was crown'd yet To whom he answered I think not yet but he shall be shortly Nay saith the Portugal that shall never be for his Throat will be cut by Don Raleigh and Don Cobham before he be crowned Dyer was called and sworn and delivered this Evidence Dyer I came to a Merchants House in Lisbon to see a Boy that I had there there came a Gentleman into the House and enquiring what Countryman I was I said an Englishman VVhereupon he asked me if the King was crowned And I answered No but that I hoped he should be so shortly Nay saith he he shall never be crowned for Don Raleigh and Don Cobham will cut his Throat ere that day come Raleigh What infer you upon this Attourney That your Treason hath wings Raleigh If Cobham did practice with Aremberg how could it not but be known in Spain Why did they name the Duke of Buckingham with Jack Straw's Treason and the Duke of York with Jack Cade but that it was to countenance his Treason Consider you Gentlemen of the Jury there is no Cause so doubtful which the Kings Counsel cannot make good against the Law Consider my Disability and their Ability They prove nothing against me only they bring the Accusation of my Lord Cobham which he hath lamented and repented as heartily as if it had been for an horrible Murther for he knew that all this Sorrow which should come to me is by his means Presumptions must proceed from precedent or subsequent Facts I have spent 40000 Crowns against the Spaniard I had not purchased 40 Pound a Year If I had died in Guiana I had not left 300 Marks a Year to my Wife and Son I that have always condemned the Spanish Faction methinks it is a strange thing that now I should affect it Remember what St. Austin says Sic judicate tanquam ab alio mox judicandi unus Iudex unum Tribunal If you would be contented on Presumptions to be delivered up to be slaughtered to have your Wives and Children turned into the Streets to beg their Bread If you would be contented to be so judged judg so of me Serj. Philips I hope to make this so clear as that the Wit of Man shall have no Colour to answer it The Matter is Treason in the highest Degree the end to deprive the King of his Crown The particular Treasons are these First To raise up Rebellion and to effect that to procure Money to raise up Tumults in Scotland by divulging a Treasonable Book against the Kings Right to the Crown the Purpose to take away the Life of his Majesty and his Issue My Lord Cobham confesseth Sir Walter Raleigh to be guilty of all these Treasons The Question is Whether he be guilty as joyning with him or instigating of him The Course to prove this was by my Lord Cobham's Accusation If that be true he is guilty if not he is clear So whether Cobham say true or Raleigh That is the Question Raleigh hath no Answer but the Shadow of as much Wit as the Wit of Man can devise He useth his bare Denial the Denial of a Defendant must not move the Jury In the Star-Chamber or in the Chancery for matter of Title if the Defendant be called in Question his Denial on his Oath is no Evidence to the Court to clear him he doth it in propria causa therefore much less in Matters of Treason Cobham's Testification against him before then and since hath been largely discoursed Raleigh If Truth be constant and Constancy be in Truth why hath he forsworn that that he hath said You have not proved any one thing against me by direct Proofs but all by Circumstances Attourney Have you done The King must have the last Raleigh Nay Mr. Attourney he which speaketh for his Life must speak last False Repetitions and Mistakings must not mar my Cause You should speak secundum allegata probata I appeal to God and the King in this Point whether Cobham's Accusation be sufficient to condemn me Attourney The Kings Safety and your Clearing cannot agree I protest before God I never knew a clearer Treason Raleigh I never had Intelligence with Cobham since I came to the Tower Attourney Go too I will lay thee upon thy Back for the confidentest Traytor that ever came at a Bar. Why should you take 8000 Crowns for a Peace Lord Cecil Be not so impatient good Mr. Attourney give him leave to speak Attourney If I may not be patiently heard you will incourage Traytors and discourage us I am the King 's sworn Servant and must speak If he be guilty he is a Traytor if not deliver him Nota. Here Mr. Attourney sat down in a Chafe and would speak no more until the Commissioners urged and intreated him After much ado he went on and made a long Repetition of all the Evidence for the direction of the Iury and at the repeating of some things Sir Walter Raleigh interrupted him and said He did him wrong Attourney Thou art the most vile and execrable Traytor that ever lived Raleigh You speak indiscreetly barbarously and uncivilly Attourney I want words sufficient to express thy viperous Treasons Raleigh I think you want words indeed for you have spoken one thing half a dozen times Attourney Thou art an odious Fellow thy Name is hateful to all the Realm of England for thy Pride Raleigh It will go near to prove a measuring Cast between you and me Mr. Attourney Attourney Well I will now make it appear to the World that there never lived a viler Viper upon the face of the Earth than thou and therewithal he drew a Letter out of his Pocket saying further My Lords you shall see this is an Agent that hath writ a Treatise against the Spaniard and hath ever so detested him this is he that hath spent so much Money against him in Service and yet you shall all see whether his Heart be not wholly Spanish The Lord Cobham who of his own nature was a good and honourable Gentleman till overtaken by this Wretch now finding his Conscience heavily burthened with some Courses which the Subtilty of this Traytor had drawn him into my Lords he could be at no rest with himself nor quiet in his thoughts until he was eased of that heavy weight out of which Passion of his Mind and Discharge of his Duty to his Prince and his Conscience to God taking it upon his Salvation that he wrote nothing but the Truth with
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
guided by Gondamor he could hope for little Mercy therefore he wisely contriv'd the design of an Escape into France which Sir Lewis Steuckley betrayed But the fate of Traytors pursued him and brought him to a Contemptible End to dye a poor distracted Beggar in the Isle of Lindey having for a Bag of Money falsified his Faith confirmed by the tye of the holy Sacrament if we may give credit to Mr Howel who hath given us this Story as also before the Year came about to be found clipping the same very Coyn in the King 's own House at VVhite-Hall which he had received for a Reward of his Perfideousness for which being condemn'd to be hang'd he was forc'd to sell himself to his Shirt to purchase his Pardon of two Knights King James was willing to sacrifice the Life of Sir Walter to the Advancement of Peace with Spain but not upon such Grounds as the Ambassadour had design'd for he desir'd a Judgment upon the pretended Breach of Peace that by this Occasion he might slily gain from the English an Acknowledgment of his Master 's Right in those Places and hereafter both stop their Mouthes and quench their Heat and Valour Hence upon his old Condemnation for having had experience upon a former Tryal they cared not to run the hazard of a second he was sentenced The old Judgment being only Averred against him and from Westminster-Hall he was carried to the Gate-House and from thence the next Morning to the Parliament-Yard where he had the Favour of the Ax granted him But all Persons have wondred how that old Sentence that had lain dormant sixteen Years and upwards against Sir Walter could have been made use of to take off his Head afterwards Considering the then Lord Chancellor Verulam told him positively as Sir Walter was acquainting him with that Proffer of Sir William St. Geon for a Pecuniary Pardon which might have been obtained for a less Sum than his Guiana Preparations amounted to in these words Sir the Knee Timber of your Voyage is Money spare your Purse in this particular for upon my Life you have a sufficient Pardon for all that is passed already the King having under his Broad Seal made you Admiral of your Fleet and given you Power of the Martial Law over the Officers and Souldiers It was the Opinion of most Lawyers that he who by his Majesties Patent had power of Life and Death over the Kings Leige People should be esteemed or judged Rectus in Curia and free from all old Convictions But Sir Walter hath made the best Defence for his Guiana Actions in his Letter to his Majesty which I have here inserted May it please your most excellent Majesty IF in my Journey outward bound I had my Men murdered at the Island and yet spared to take Revenge If I did discharge some Spanish Barques taken without spoil If I did for bear all parts of the Spanish Indies wherein I might have taken twenty of their Towns on the Sea Coasts and did only follow the Enterprise I undertook for Guiana where without any Directions from me a Spanish Village was burnt which was new set up within three miles of the Mine by your Majesties favour I find no Reason why the Spanish Ambassador should complain of me If it were lawful for the Spaniards to murder 26 Englishmen binding them back to back and then cutting their Throats when they had traded with them a whole Month and came to them on the Land without so much as one Sword and that it may not be lawful for your Majesties Subjects being charged first by them to repel Force by Force we may justly say O miserable English If Parker and Metham took Campeach and other Places in the Honduraes seated in the Heart of the Spanish Indies burnt Towns killed the Spaniards and had nothing said to them at their Return and my self forbore to look into the Indies because I would not offend I may justly say O miserable Sir Walter Raleigh If I spent my poor Estate lost my Son suffered by Sickness and otherwise a world of Miseries if I have resisted with the manifest hazard of my Life the Robberies and Spoils which my Company would have made if when I was Poor I might have made my self Rich if when I had gotten my Liberty which all Men and Nature it self do so much prise I voluntarily lost it if when I was sure of my Life I rendred it again if I might elsewhere have sold my Ship and Goods and put 5 or 6000 Pound in my Pocket and yet have brought her into England I beseech your Majesty to believe that all this I have done because it should not be said to your Majesty that your Majesty had given Liberty and Trust to a Man whose End was but the Recovery of his Liberty and who had betrayed your Majesties Trust. My Mutineers told me that if I returned for England I should be undone but I believed in your Majesties Goodness more than in all their Arguments Sure I am that I am the first that being free and able to enrich my self have imbraced Poverty and Peril And as sure I am that my Example shall make me the last But your Majesties Wisdom and Goodness I have made my Judges who have ever been and shall ever be Your Majesties most humble Vassal WALTER RALEIGH But this Apology though never so perswasive could not satisfy Gondamor's Rage who was resolv'd to sacrifice the only Favourite left of Queen Elizabeth to the Spanish Interest And who as Osburn remarks was the only Person of Essex's Enemies that died lamented and the only Man of Note left alive that had help'd to beat the Spaniard in the Year 1588. Upon Thursday the 29th of Octob. 1618. Sir Walter Raleigh was conveyed by the Sheriffs of London to a Scaffold in the Old Palace at Westminster where he was executed about nine of the Clock in the Morning of the same Day Whose Confession and several Speeches there delivered with his Gesture and Behaviour were as follows His first appearance upon the Scaffold was with a smiling Countenance saluting the Lords Knights and Gentlemen with others of his Acquaintance there present when after a Proclamation of Silence by an Officer appointed he addressed himself to speak in this manner I desire to be born withal because this is the third Day of my Feaver And if I shew any weakness I beseech you attribute it to my Malady for this is the hour I look for it Then pawsing a while directing himself towards a Window where the Lord of Arundel and the Lord of Doncaster with some other Lords and Knights sate with a loud Voice he said as followeth I thank God of his infinite Goodness that he hath sent me to dye in the sight of so Honourable an Assembly and not in Darkness But by reason the place where they sat was some distance from the Scaffold that they could not easily hear him he said I will strain my self for