The arraignment and conviction of Sr VValter Rawleigh, at the Kings Bench-barre at Winchester. on the 17. of November. 1603. Before the right Honorable the Earle of Suffolke, Lord Chamberline, the Earle of Devon-shire, Lord Henry Howard, Lord Cecill, Lord Wotton, Sir John Stanhope Lord Chiefe Justice of the Common-pleas, Popham and Andrewes, Justice Gaudy, Justice Warberton, Sir William Wade, commissioners. / Coppied by Sir Tho: Overbury.

THE ARRAIGNEMENT and conviction of Sir Walter Rawleigh, At the Kings Bench Barre at Winchester 17. Novemb. 1603.

AFTER that Sir Walter Rawleigh was brought to the Barre, hee sate upon a stoole within a place made of purpose for the prisoner to be in, and expected the comming of the Lords: during which time he saluted divers of his ac∣quaintance with a very steadfast and chearefull countenance. When the Commissioners were all assembled, having stood up a while hee desired the Marshall to aske leave of the Lords that hee might sit, which was presently granted. Then the Court proceeded in his Arraignment according to the ordinary course; unto which Sir Walter did orderly and willingly dispose himselfe: as the Jury was culled to the booke, he was asked whether hee would challenge any of the gentle∣men impanelled for his Jury, hee said hee knew none of them, but hoped they were honest men, and so desired the Court to take their choyce of them. The Jury being sworne, who were Sir Ralph Conisbie, sir Thomas Fowler,

sir Edward Peacock, sir William Rowe Knights. Henry Goodier, Roger VVood, Thomas VValker, Thomas VVhitby Esquiers. Thomas Higate, Robert Kempton, Iohn Chawkie, Robert Brumley Gentlemen. The Inditement was red by the Clearke of the Crowne Office, the effect whereof was as followeth.

THat he did conspire and goe about to deprive the King of his government, and to raise up sedition within the Realme, to alter Religion, and to bring in the Romish Supersti∣tion, and to procure forraigne enemies to invade the King∣domes. That the Lord Cobham, the ninth of June last, did meet with the said Sir Walter Rawleigh: Cobham was then in Durham House in the Parish of St. Martins in the Fields, and then and there had conference with him how to advance Arabella Steward to the Crowne and Royall Throne of this Kingdome, and that then and there it was agreed; that Cob∣ham should treate with Aremberge, Ambassadour from the Archduke of Austria, to obtaine of him 600, thousand Crownes to bring to passe their intended Treasons: It was agreed that Cobham should go to Albert the Archduke, to procure him to advance the pretended title of Arabella, from thence knowing that Albert had not sufficient meanes to maintaine his owne Army in the Lowcountreys: Cobham should go into Spaine to procure the King to assist and surther her pretended Title. It was also agreed the better to effect all these conspiracies that Arabella should write three Letters, one to the Archduke, ano∣ther to the King of Spaine, and another to the Duke of Savoy, And promising three things; First, to establish firme peace betwixt England and Spaine; Secondly, to tolerate the Ro∣mish and Popish Superstition; Thirdly, to be ruled by them for the contriving of the Marriage, and for the effecting of these trayterous purposes, Cobham should returne by the Isle of Jersey, and should find Sir VValter Rawleigh Captaine of the said Isle of Jersey there, and take counsell of him for the

distributing of the foresaid Crownes as the occasions and dis∣contentment of the Subjects should give cause and way: And further that Cobham and his brother Brooke did meete on the ninth of June last, and Cobham told Brooke all the Trea∣sons, to which Treasons Brooke gave his assent, and did joyne himselfe to all these: And after on the Thursday following Cobham and Brook did trayterously speake these words. That there would never be a good world in England, till the King and his Cubs (meaning his Royall issue) were taken away, and the more to disable and deprive the King of his Crowne, and to confirme the said Cobham in his intents, Rawleigh did tray∣terously publish a Booke falsely written against the most just and royall title of the King, knowing the said book to be writ∣ten against the King, which book Cobham afterwards recei∣ved of him; And further for the better effecting of these tray∣terous purposes, and to establish the said Brook in his intents, Cobham did deliver the said Booke to him on the fourteenth of June, and on the sixteenth of June for the accomplishment of the said conference and by the trayterous instigations of Rawleigh, did move Brook to incite Arabella to write to the three foresaid Princes to procure them to advance her Title, & that she, after that she had obtained the Crowne, should per∣forme three things, viz. To establish a firme peace betwixt England and Spaine; Secondly, to tolerate the Popish Reli∣gion with impunitie; Thirdly, to be ruled by them three in the contracting of Marriage by their assent: And for the bet∣ter effecting of these Treasons Cobham upon the 17. of June by the instigation of Rawleigh did write Letters to count Aremberge and delivered the said letters to one Mathew de Lawrencie, who delivered them to the Count for the attai∣ning of 600000. Crownes, which money by other letters A∣remberge did promise to performe payment of, and those Let∣ters Cobham did receive on the 18. of June, then did Cob∣ham promise Rawleigh that when hee should have received

that money, he would deliver 8000. Crownes to him, to which motion he did consent. And afterwards Cobham offered Brooke, that when he should have received that money, hee would give 10000. Crownes thereof to him, to which motion Brooke did assent.

Master Serjeant Heale opened the matter, and delivered the effect of the inditement; In whose speech this was ob∣served, that he charged Sir Walter to have intended the In∣titling of the Lady Arabella Steward to the Crowne, who he said had no more title thereunto than he had himselfe, and further said after a little pause, that hee for his owne part did disclaime and renounce all title thereunto. where∣at Sir Walter Rawleigh smiled. The Serjeant concluding Mr. Atturney Cooke began, and with a long disourse am∣plified (with vehement words and actions) the severall treasons whereof Sr Walter stood indited, wherein hee so farre moved Sir Walter that hee many times offered to make answer for himselfe before the Court would give him leave; protesting Mr Atturney told him newes hee never heard of before, and that his memory (by reason of his sicknesse) was so feeble that he could not remember so many circumstances as Mr. Atturney tired him withall; But Mr. Atturney pressed the Lords that the Kings evi∣dence ought not to be broken, or dismembred, whereby it might loose much of its grace and vigor: notwithstan∣ding it was yeelded, when M. Atturney came to his proofe, Sir Walter Rawleigh should have leave to answer his seve∣rall points as they were objected: In Mr. Atturney divers things were observed which were said and used in his nar∣ration or evidence. Some captiously noted that hee said this treason did tend not onely to the overthrow of true religion and destruction of all our soules, but even to the losse of our goods, lands, and lives: But it seemeth hee

meant reciprocally: others thought him full of imperti∣nent phrases and complements, and specially when hee spake of the Kings issue or of the Lords, after hee said hee would say nothing of them, then hee would presently fall into grosse and palpable adulation of them to their faces: but in their commendations he spake nothing but truth: some noted his care and diligence in delivering to the peo∣ple that the King said he would loose lands, crowne, & life before he would suffer a tolleration or alterration in Re∣ligion; and that to these Traytors (for Cobham and Gray were upon the bye) he had done nothing rigorously, no∣thing unnaturally: nothing precipitatly, not rigorously, because no torture used: not unnaturally, because the bro∣ther was not pressed (further then he would) to accuse his brother: not precipitatly because of the long time his gra∣cious Majesty had promised before hee would bring them to their Arraignment: this was much to the satisfaction of the people, but this he was commanded to deliver: All the assembly could have wished that hee had not behaved himselfe so violently and bitterly, nor used so great pro∣vocation to the prisoner: which the better sort imputed to his zeale in the Kings service, and to the passion which overwhelmed him in the cause of his Countrey: as when he brake forth into these and the like speeches: This hor∣rible and detestible Traytor, this maine Traytor (for the rest were upon the bye) this instigator and seducer to trea∣sons, he that hath a spanish heart, you are an odious man, see with what a whorish forehead he defends his faults: this is he that would take away the King and his Cubbs, O abominable Traytor: but many that prejudicate of Mr. Atturneys nature would hardly bee perswaded but those speeches proceeded out of the insolency of his owne dis∣position given to tryumph upon poore delinquents, and men in misery, honest men have reason to thinke the best:

And as the Atturney was noted, so was the carriage of Rawleigh most remarkable, first to the Lords (principally to my Lord Cecill) humble, yet not prostrate; dutifull, yet not dejected, for in some cases he would humblie thanke them for gratious speeches, in other acknowledge that their honours said true, as in relating some circumstances: And in such points wherin he would not yeeld unto them, he would crave pardon, and with reverence urge them, and answer them, as in points of Law, or essentiall matters of fact; towards the Jurie affible, but not fawning, not in dispaire nor beleeving, but hoping in them carefully per∣swading them with reasons, not distemperately importu∣ning them with conjurations; rather shewing love of life then feare of death. Towards the Kings Councell patient, but not insensibly neglecting, not yeelding to imputations layd against him in words, and it was wondred that a man of his heroick spirit could be so valiant in suffering, that he was never overtaken in passion: But when it was insinu∣ated that it was said that it would never bee well till the King and his cubbs were taken away, hee said that Mr. Atturney used him basely, barbarously, and rigorously, and that hee was abase slave and a wretch that spake the words, but hee received comfort in these base words of Mr. Atturney for he hoped that it should be the worst he should be able to doe against him.

The accusation may be said to be of two parts, viz. Per∣sonall against the King, and publikely against the State and quiet of the Realme. Both high Treason, the perso∣nall Treason was of two sorts. The first a conspiracy a∣gainst the Kings life: the second a practise to disable the Kings title to the Crowne of England. To prove that Rawleigh intended the Kings death, the confession of George Brooke was enforced, who said that his brother my Lord Cobham told him that he and my Lord Gray were but

upon the Bye, but the said Cobham and Sir VValter Raw∣leigh were upon the maine for it, and should never be well till the King and his Cubbs were taken away. And further said that he thought in his conscience that the said speech of the Kings Cubbs proceeded from Rawleigh. And it was further declared, that the confession of George Brooke was enforced, and not voluntarily made, untill Sir Griffin Markham, and Watson the Priest had vouched him for the knowledge of some farther purpose, than the surprizing of the King. To this Sir Walter answered that George Brook would say anything of him, but he thanked God he never spake with him; for if he had spoken but five words he perceived that it had been enough. Then my Lord Cecil said that indeed he thought that George Brook had a spleen to Sir Walter, but his brother my Lord Cob∣ham and he were good friends, and therefore he could not tell whither he hated Rawleigh so much as to do his bro∣ther so great a displeasure, and said, that my Lord Cob∣ham might if he did practice (as himselfe confessed) with Spaine, give Sir Walters name in to credit him withall, as a man that favoured him, and on whom he did presume more than he had reason. To prove that Rawleigh pra∣ctised to scandalize his Majesties Title to the Crowne. My Lord Cobhams confession was produced, That Sir Walter delivered him a Booke concerning the Kings Title, but told him withall, that it was a very foolish book which he delivered to his brother George to consider of, and George Brook confessed that his brother gave him such a Book, whereof he read onely the Titles of the Chapters, containing matter against the Kings Title and Line. And it was not omitted by the Attourney, that this Booke was delivered upon occasion of my Lord Cobhams discontent∣ment. Rawleigh confessed that he had such a booke which he never read, but it was intitled, A Defence of the Queenes

proceedings against Mary Queene of Scotland, And con∣stantly denyed that he delivered it to my Lord Cobham, but that my Lord Cobham tooke it out of his Study (if he had any such of his) without his knowledge, he protested: Here my Lord Henry Howard signified that my Lord Cob∣ham was asked in his examination whither Sir VValter gave him the booke, or that he took the same? and he said that Sir Walter gave it him: But that since he had told some (who were againe with him) that whereas he had said that Sir Walter gave him the booke, the truth was he took the same of himselfe out of his study when he was asleepe. Then my Lord Cecil asked Sir Walter, where he had the book; and he said he tooke it out of my late Lord Trea∣surer Burleighs study after he was dead. My Lord Cecil desired to know whither out of that which was left to him or to his brother? And he said out of that which was in my Lord Treasurers house in the Strand. Whereupon my Lord Cecil published, that after his Fathers death, Sir VValter desired to search for some Cosmographycall de∣scriptions of the West-Indies which he thought werein his study, and were not to be had in print, which he grant∣ed, and said he would as soon have trusted Sir Walter as any man: though since (for some infirmities of Sir VValters) the bonds of his affection had been crackt, & yet reserving his duty to the King his Master (which he could not despence withall in his service) hee swore by God he loved him, and found a great conflict in himselfe, in that so compleat a member in a common-wealth was fallen away. But he must needs say that Sir VValter used him discourteously to take the book away and not to acquaint him therewith: Neverthelesse he said he need not to make any Apology in the behalfe of his Father, considering how usuall and ne∣cessary a thing it is for Councellors and those in his place to intercept and keep all such kinde of writings, for who∣soever

should now search his study (or at least his Cabinet) should like enough finde all the famous libells that ever were made against the Queene that dead is: and shall also finde divers made against the King our Soveraigne Lord that now is, since his coming to the Crowne: Sir VValter said that the book was a manuscript, and had noted in the beginning with my Lord Treasurers owne hand, this is the book of one Rob. Snag, and affirmed that as my L. Cecil had said, he thought a man might finde also in his house all the libells that had been made against the late Queene: But M. Attourney said that he was no privy councellor, nor he hoped never should be: my Lord Cecil answered that he indeed was no councellor of state, yet he had been of∣ten called to consultation: Sir VValter thought it a very se∣vere interpretation of the law to bring him within the compasse of Treason onely for this book written so long agone as it was, whereof no man had read more than the Titles of the Chapters: and which was burned by George Brook without his privity; admitting that he had delive∣red it to my Lord Cobham, not advancing, nor approving the same, but discommending it, as Cobhams first con∣fession was; and he put this case, If he should come to my Lord Cecil (as oft he had done) and finde a searcher with him with a packet of libells, and my Lord let him have one or two to peruse, this he hoped was no treason. To prove this treason against the State and common-weale my Lord Cobhams confessions were read to this effect. That it was agreed between Sir VValter Rawleigh and him that my Lord Cobham should deale with Count Aremberg to procure six hundred thousand crownes, that Count Aremberge did promise to satisfie his request, to the intent to advance the Title of Arabella: and that it was likewise concluded that Cobham should (under pretence of travel∣ling) Goe into the Low-Countries, into France, and

Spaine, and carry three letters from the Lady Arabella to the Arch-Duke, to the Duke of Savoy and to the King of Spaine to obtaine the said summe of Crownes, and thereby to promise three things unto the Princes. First that there should be a peace concluded with Spaine. Secondly, that there should be a toleration of Religion in England. Lastly that she would not marry but by the direction of the said Princes. And that she should come back by Iersey, and there he should meet with Sir VValter Rawleigh and then they would agree how to dispose the mo∣ny to discontented persons (whereof he thought he should finde many at his returne) and that Sir VValter should have a great number of crownes from the said Count Aremberge, And that Sir VValter thought that the best course to trouble England was to cause division in Scotland: And my L. Cobham further accused Sir Walter, to have b in the only instigator of him to all these treasons. And one Mat. de Lawrencie, a merchant of Antwerp that was used between Count Aremberge, and my L. Cobham, confes∣sed that Sir Walter Rawleigh supped with my Lord Cobham one night when he came to my Lord Cobhams house, and that they three went alone to Sir Walter Rawleighs house in the Strand by water, and that the said Mathew de Law∣rencie delivered a letter to my Lord Cobham from Count Aremberge at Durham-house, and immediately Sir Walter went up with my Lord Cobham into his cham∣ber, and Mathew de Lawrencie tarried below: Sir Walter confessed that he knew very well, that Mathew de Lawren∣cie held intelligence betweene Count Aremberg, and my Lord Cobham, and so did the Lords of the councell know, that it had been so these seaven yeares by licence of the Queene: But that he knew to what purpose it was now of late he denied, other then he took it to have been concer∣ning the businesse of the peace with Spaine, for that my

Lord Cobham said that his brother George Brook was very loath to accuse him, Sir Walter proceeded, and asked, whither my Lord Cobham had accused him or confessed a∣ny such thing. It was answered that my Lord Cobham had been asked whither he had spoken any such thing concer∣ning his said brothers unwillingnesse, and he would make no other answer but that he had: however he said it pro∣ceeded out of a discontented minde from the said George Brook, which M. Attourney said was a confession of their pretence in law. Then Sir VValter Rawleigh, said that if my Lord Cobham had accused him as they alledged, he ought to renew his accusation to his face, that so he might not be massacred by heersay, and affirmed it was Sir Nicolas Throgmortons case. There was further urged against Sir VValter for intending to make away the King the testimony of one that had been lately at sea, who was in the Court in a blew cassock and deposed. That being at Lisbone not long after the coming in of the King into England, a Por∣tugall Gentleman asked him whence he was, and said of of England: Then he asked whither our King were crown∣ed or not, and he answered he hoped so by this time, whereupon the Portugall said that my Lord Cobham and and Sir VValter Rawleigh would make him away before it were long, Sir VValter made light of this rumour and of the witnesse, and said that he thought it might be so; for that my Lord Cobham knowing that he had written a book and presented it to the King, to move his minde not to make his peace with Spaine, hearing him one day at his Table dispute very violently against the peace, told him in his Gallery presently after, he need not be so much against the peaces, for he should have seven thousand crownes to labour for it, and that he thought it to be a toye nor knew how to deserve it, yet his answer was let me see the mony, and then I will answer you to the pur∣pose.

And my Lord Cobham told him further, that he would offer a great summe of mony to my Lord Cecill and to my Lord of Northumberland to the same end, but he disswaded him from it, and told him, they would hate him as long as they live for it. And Sir VValter said fur∣ther, that the occasion of my Lord Cobhams accusation was this viz. When as Sir Walter perceived by the Lords that they had the said Mathew de Lawrencie in jealousie to do some bad offices between Count Aremberge and my Lord Cobham (who as he thought was justly condemned upon these advertisements) that he observed my Lord Cobham that night (when my Lord Cobham brought him home to his house) to go back past his owne stayres towards his Countesses lodgings, with the said Mathew de Lawrencie, as if he had been very sorry to have parted with him. Then he writ to my Lord Cecil to signifie to him that in his judgement if he apprehended Mathew de Lawrencie pre∣sently, it might be a means that he might intercept their in∣telligence (perhaps not yet ripe) And if otherwise Mat. de Lawrencie might perchance be shuffled away, and so left it to his Lordships consideration: And afterwards my Lord Cobham had constantly denied these matters upon his ex∣amination, this letter was shewed unto him as though Sir Walter had induced him to all the inconveniences he had fallen into, which after he had read, he desired to read it againe. And upon assurance it was Sir Walters Letter, in a great passion he brake forth into these speeches; Oh Villaine! Oh vile Traytor! hath he used me thus? Nay then I will tell you all, and thereupon in madnesse and per∣swasion of the wrong that Sir Walter had done him, he de∣livered the right accusation, the substance whereof was not denied, though M. Attourney noted that he consi∣dered of a second time before he entred into passion, Sir Walter appealed to all that knew my Lord Cobham, that

he was as passionate a man as lived, and said, that in his choller he had accused his friends of greater matters than these, and had been sorry for it afterwards. The Kings Councel replyed that the confession of George Brook of the foresaid speeches of my Lord Cobham touching himselfe, and Sir Walter, for a further plot than they two by any way could excuse, must stand good in law, in that those speeches were uttered (as it appeared) before those mat∣ters came out, and before my Lord Cobham had conceived the spleene against Sir Walter upon the sight of this letter. And further produced my Lord Cobhams confession. That Sir Walter after his first being before the Lords, did write unto him the said Cobham, that he had been exami∣ned of many things concerning him, but he had cleared him in all: Now the Lords protested that all this while he was not asked one question touching my Lord Cobham, and therefore the Attourney inferred that he writ this out of a fearefull and guilty conscience, to confirme my Lord Cobham in his deniall, against he should be examined: Sir Walter hereupon declared that my Lord Cobham put him in trust to passe the Inheritance of certain fee farme lands for him, and gave divers jewells of great value for his se∣curity, which were in his bosome at the time of his appre∣hension, and that my Lord Cobham had a Cabinet worth thirty pound, which Master Attourney should have had for his favour: and that at his returne from the Lords with private restraint to his owne house; my Lord Cobhams footman came to him to know what was done in the bu∣sinesse: and he unwilling to have it knowne that he was restrained, dispatched the footman, saying he would write to his Lord, and so did by Captain Kemish. Besides for that which he writ of the said businesse, and acquain∣ted my Lord Cobham that he had been examined, and that he had cleared his Lordship: he did write so in this regard,

that though he were not examined of my L. Cobham, yet he talking with my Lord Cecil, and his Lordship telling him he was glad there were no more in the action than there appeared, and that he hoped such a one was not in, S. Walter said that my Lord Cobham was absolutely cleer: and my Lord Cecill replyed he did hope so, and thought no lesse: all which was said in regard my Lord Cobham was thought to be discontented. But afterwards my Lord Cecil said, Sir VValter you have Kemish against you who carried the letter and toare out that sheet, which con∣cerned the Lords of the Councell (for so was my Lord Cobhams confession) and he hath been offered the rack for it, but what he has confessed, I as yet know not: Answer was made by Sir VVilliam VVade, that Kemish had confessed he carried a letter, and knew nothing at all of the contents and that indeed he was told that he deserved himselfe to be put to the rack for it: well said Sir VValter the Rack∣keeper was called for, was he not? Sir VVilliam VVade said, that it was privately reported, that Kemish had his Masters letter back from my Lord Cobham, but Sir VValter confes∣sed no such matter. But concerning that he was charged withall, for practising to make a combustion in Scotland, he confessed the words of my Lord Cobhams accusation to this effect, That he thought the best course to trouble England, was to cause sedition in Scotland, and said that he had thought so any time these twenty yeeres, and so it had been also held by the wisest men in this Kingdome: And he had delivered his opinion to be such divers times to the Lords of the councell, and he thought that there were few there but were of his opinion: Sir VValter also offered to the consideration of the Iury, that my Lord Cobham had not subscribed his accusation; Then the Lords requested my Lord Cheife Iustice to deliver whether subscriptions were necessary by the Law, and

my Lord Chiefe Iustice said they were not: Nay said Sir Walter, pardon me my Lord, for this, by your Lord∣ships favour, I take to be the course of examination in this kinde. After that the examinate hath confessed, and his confession is written, it is all read over againe distinctly and deliberately to him, that he may be sure to say nothing but truth: and then in confirmation that it is undoubted∣ly true, and that he will stand thereunto, he is to subscribe the same. Now my Lords, if my L. Cobham did accuse me thus rashly out of his passion, and afterwards when he had read it againe, began to relent, and (with sorrow for the wrong he had done me) refuse to set his hand thereunto, then I say my Lords I have reason to take hold of it: And it is well knowne to you my Lord Cecil, and my Lord of Northampton, how he hath recanted his accusation, more∣over he hath most penitently sorrowed for this injury he hath done me, and could never be quiet in his conscience till he had purged me. Master Atturney said, that in my Lord Cobhams accusation there were many things, that he had recanted, but there was no essentiall point prenomi∣nated, which he had recanted: And my Lord Cecil said, that the reason, that my Lord Cobham gave, why he would not subscribe, was, because he thought he was priviledged by his degree: wherein he appealed to my Lord Chiefe Justice, who answered that it was a great contempt to re∣fuse to subscribe, but it did not appeare that thereupon he did subscribe. Then Master Atturney delivered that it was Sir Walters policy to have but one witnesse, because he thought that one witnesse could not condemne him. Sir Walter thereupon furiously started up, and said to him, Master Atturney, you must not thinke that all that ma∣keth for me is policy, and all that maketh against me is plain, and God revealeth it. I were well fitted for justice, if you should come to be my Judg, what indifferency is there

in this my Lord Chiefe Justice? Remember I beseech your Lordship the statute of the first of Edward the Sixth ••ath this That no person shall be condemned of treason unlesse he be accused by two lawfull accusers, and those to be brought before the party, if they belong to England. And remember too the statute of the 13 of the Queen. No man shall be arraigned of treason, without the oath of two sufficient and lawfull witnesses brought face to face. My Lord Chiefe Justice said, the statute of the first of Ed∣ward the Sixth, was repealed by the first and second of Philip and Mary, and reduced all tryall of treason to the course of the Common-law. And that the statute of the thirteenth of Elizabeth extended to such offences as were mentioned in the said act to be committed against the Queene that dead is. And that all was now put to the Common-law, and that by the Common-law one witnes was sufficient concerning presumption, some of the Judges said: That by the law a man might be condemned without a witnesse, onely upon presumption. As if the King (whom God defend) should be slaine in his Chamber, and one is seene to come forth of the Chamber with his sword bloody being drawne, were not this evident both in law and opinion without further inquisition? And my Lord Chief Justice said that one witnes accusing him∣self too, was very great testimony; especially in this case. For it was not to be imagined that my Lord Cobham would do himselfe so much harme, as to adventure the losse of his honour, lands of so great worth, and his life, for any spleene to Sir Walter, unlesse the matter were true, and therfore the accusation was very strong against Sir Walter. Note that the treasons against Queen Elizabeth, which by the statutes of the thirteenth of her raigne were to be pro∣ved by the oath of two witnesses, were death or bodily harme intending to death, imagined against her, levying of

warres within or without the Realme against her, plots to depose or deprive her, publishing her to be a Tyrant, He∣retick, Infidell, Schismatick, Vsurious, &c. Sir Walter proceeded and urged, that though these statutes lived not, yet he knew very well the reason of these statutes and e∣quity of them lived still. But howsoever I am sure (said hee) the law of God liveth for ever. And you shall finde it in Deutronomy in the seventeenth Chapter. In ore duo∣rum aut trium testium peribit qui intersicitur. Nemo occida∣tur uno contra se dicente testimonium. And in the nineteenth Chapter. Non stabit unus testis contra aliquem: quicquid illud peccati, et facinoris fuerit. Sed in ore duorum aut tri∣um testium stabit omne verbum. Divers other places of the old Testament are to this pupose, confirmed by our Savi∣our too in the eighteenth of Mark, and the eight of Iohn, and by Saint Paul, Corinth 2. 13, And by the whole consent of the Scripture. And if the Common-law be as Brookes saith (who was a great Lawyer) then there ought to be two witnesses: For he saith a tryall is by verdict, and by witnesse, wherein my Lord Chiefe Justice said he was deceived. But said he you tell me of one witnesse, let me have him. Prove these practises by one witnesse, and I will confesse my selfe guilty to the King in a thou∣sand treasons. I stand not upon the Law, I defie the law, if I have done these things I desire not to live: whether they be treasons by the law or no. Let me have my accuser brought to my face, and if he will maintaine it to my face, I will confesse my judgement. Here my Lord Chief Ju∣stice being required to signifie his opinion of the law in this case, he said it was not the law to have the witnesse brought to his face, considering he accused himselfe also: To the which the rest of the Judges agreed Sir Walter replyed, it was not against or contrary to the law: Howso∣ever I do not expect it of duty: And yet I say you should

deale very severely with me if you should condemne me and not bring my accuser to my face. Remember a story of Fortescue a reverend Chief Justice in this Kingdome; Tells of a Judge in this Kingdome that condemned a woman for murthering her husband, upon the presumption or testimo∣ny of one witnesse (as it seemed) and after she was burned, a servant of the mans that was slaine (being executed for the same fault) confessed that he slew his Master himselfe, and that the woman was innocent. What did the Judge then say to Fortescue, touching the remorse of his consci∣ence for proceeding upon such slender proof, Quod nun∣quam de hoc facto animam in vita sus ipse purgaret. That he could never be at peace of conscience whilest he lived, although he but gave consent upon the verdict of the Ju∣ry. But my Lords for the matter which I desire, re∣member too the story of Susanna: Daniel thought the Judges fooles because they would condemn a daughter of Israel without asking the witnesse a question: Why then my Lords, let my accuser be brought, and let me aske him a question, and I have done: for it may be it will appeare out of his owne tale, that his accusation cannot be true, or he will be discovered by examination. But yet principally my Lords remember what is said in the xix. of Deutronomy, Si steterit testis mendax contra hominem accusans cum pre∣varicatione, stabunt ambo, quorum causa est ante dominum, in conspectu sacerdotum, et judicum, qui fuerint in diebus illis. And I will tell you, Master Atturney, if you condemne me upon bare inferences, and will not bring my accuser to my face: you try me by no law but by the Spanish inqui∣sition. If my accuser were dead, or not within the land, it were something. But my accuser lives, and is in the house, and yet you will not bring him to my face. About this time my Lord Cecil asked him, if he would take issue upon these points upon my Lord Cobhams te∣stimony:

if my Lord Cobham would now justifie under his hand his accusation, and it might be that he would (by the advice of the Lords) joyne issue with him, Sir VValter made no direct answer thereunto, but still besought them to bring his accuser to his face. My Lord Cecil then re∣plyed, Sir Walter, it cannot be granted you: you have heard your selfe that the Law will not dispense with it. It may not be forgotten that before Rawleigh had been so importunate to have his accuser brought to his face, he u∣sed very probable reasons to the Jury to satisfie them, how silly and foolish an enterprise this was, whereof he was ac∣cused, and how unlikely a thing it was that he should en∣ter into it. First, said he that I should make choice of my Lord Cobham of any man living: A man of no following, nor of no force; that I should dreame of disturbing of the state, now every body was so glad of the Kings com∣ming, and of unexpected peace: and now the state was greater, and stronger than ever it was. That I should be so simple to expect mony from Spaine: for I knew how much that Kings revenue was impared, and his treasure intercepted. I also knew well that where he had usually in his Havens, 6 or 7 score sayle of ships, now he had not six or seaven sayle of ships: I knew well too that his Jesu∣ites begged from door to door in Spaine: and I knew well that the King of Spaine was bankrupt, as was protested by most of the Merchants of Christendome: And could I imagine then that in his poverty he could disburse six or seven hundred thousand Crowns? or if he had been in case, could I thinke it so easy a matter, to obtaine such a sum of mony of the Spaniard? do Princes so easily now a dayes part with such Masses of mony? I knew that the Queene of England disbursed no mony to the States of the Low-countryes (though it were partly for her owne security) before she had the Brill and Flushing in pawne. I knew

likewise Shee disbursed no mony into France (though for the like occasion) till shee had New-haven in pawne, and afterwards more warme security: Nay, the Citizens of London would not lend their Queene money, till they had her lands in pawne. What pawne had we to give the King of Spaine? What did we offer him? Or how could we invent to offer to him the letter of an Arabella, whom he could not chuse but know to be of no following, what a mockery is this? what would I make my selfe? A Cade? A Kett? A Jack-Straw? Against these probabi∣lities, the presumptions before alledged, were laid altoge∣ther, to fortify my Lord Cobhams accusation, in the orde∣ring whereof Master Atturney shewed great wisdome and care in his Majesties businesse. And whereas Sir Walter had urged, that it was not likely the King of Spaine would be so easily perswaded to provoke the King of England to a warre, considering his bad fortune in six or seaven enter∣prises against this State, and what he had lost by warre with England: Master Atturney said he was so much the more likely to desire revenge, and to entertaine the least hope thereof. But Rawleigh answered: All you suspiti∣ons, and inferences, are but to fortify my Lord Cobhams ac∣cusation; My Lord Cobham is the onely man that doth ac∣cuse me. My Lord Cobham lives and is in the house, let him maintaine his accusation to my face. My Lord Cobham hath confessed himfelfe guilty, he is meerly at his Maje∣sties mercy: and without doubt shall highly offend the King, if he go back from his word, wherein he hath abu∣sed his Majesty, and so is to looke for no mercy, but shall surely dye. On the other side he hath accused me to insti∣gate and draw him into these treasons, and if it be so, then I have been the overthrow of him, his honour, estate and all. He is a man of a most revengeful nature, as all the world knowes, who would he be more willingly revenged

on, then on him vvho hath been his utter overthrovv? Why then my Lords if he vvill not displease the King in hope of mercy and compassion (vvhich is his onely plea) If he will be revenged on the man that brought him to all this, that hath ruinated him and his house, then will he justifie his accusation to my face, then good my Lords let us be brought face to face. My Lord of Northampton replyed, Sir Walter you have heard it cannot be granted you, pray importune us no longer. No longer said Raw∣leigh? it toucheth (my Lord) upon my life which I value at as high a rate as you do yours. At last Sir Walter was asked, whither he would say any more. Then he directed his speech to the Gentlemen of the Jury, saying, you have heard the proofs, I pray you consider that these men (mea∣ning Master Atturney and the rest of the Lawyers) do u∣sually defend very bad causes every day in the Courts a∣gainst men of their owne profession, as able as themselves: & if they can do so, what may they do with me, that never studied the law till I came into the Tower of London: That have been practised in other affaires, and am weake of memory and feeble as you see, for he was faine to have pen and inke to helpe his memory in the long speeches that were made against him. But remember the godly say∣ing of Saint Augustine, Si judicaveritis tanquam jam judi∣candi estis. If you would be content to be judged upon suspitions and inferences, if you would not have your ac∣cusation suscribed by your accuser. If you would not have your accuser brought to your face (being in the same house too) where you are arraigned, if you would be con∣demned by an accusation of one recanted and truly sor∣rowfull for it, if you in my case would yeeld your bodyes to torture, loose your lives, your wives, and children, and all your fortunes upon so slender proof. Then am I ready to suffer all these things. Now after Master Serjeant

Phillips had made a very long repetion of all the accusa∣tion. Master Atturney asked Sir Walter againe whither he would say any more. Rawleigh answered if he would say any thing he would answer him. Master Atturney told him the Kings councell must speake last. Nay by your leave (said he) he that speakes for his life shall speake last. Are you contented said Master Atturney that the Ju∣ry shall go together: yea, in Gods name said Sir Walter. Then Master Atturney entred into a speech to this effect: Now Iesus Christ shall be glorified, Iesus Christ shall have a great victory this day, as great as when it was said vici∣sti Galilee. Now Sir Walter I will prove you to have a Spanish heart. See with what a vvhoorish forehead he hath defended his fault: he hath deceived my poore Lord Cob∣ham as Eve was deceived with an apple, by a letter in an apple, and hath seduced this poor Lord to write I know not what to him against his conscience: But he could not sleepe quietly till he had revealed the truth of it to the Lords, and voluntarily of himself written the whole mat∣ter to them with his owne hand but yesterday, vvhich I vvill read vvith a loud voice though I be not able to speake this sennight after: and so pulled my Lord Cobhams letter out of his pocket, vvhich vvas in effect thus to the Lords, vizt. That Sir Walter had vvritten a letter to him a weeke before to intreat him for Gods sake, to signifie unto him by his letter that he had vvronged him in his accusation, and told him that the Lords had appointed to meet at Ma∣ster Atturneys house, to consider of his cause: and that it vvas better to be constant in deniall than to appeale to the King, and that he should take heed of Preachers by my Lord of Essexes example. Novv it vvas (vvrites my Lord Cobham) no time to dissemble, and therefore he pro∣tested unto their Lordships before God and Angels: That the accusation of Sir Walter vvas substantially true. And

further confessed that Sir Walter had dealt with him since the Queenes death to procure him a pension from Spaine, to give intelligence vvhen any thing vvas intended by England against them. This letter vvas vvonderfully e∣steemed by Master Attourney and most effectually ap∣plyed vvith many quaint Phrases against Sir Walter, vvho ansvvered nothing to those speeches vvhich vvere perso∣nall, having said before, that they vvere used onely to bring him into detestation of the vvorld, but spake to this effect. Novv it shall appeare that my Lord Cobham, is an unworthy, base, silly, simple poore soule. Master Attur∣ney said, Is my Lord so poore? Yea, (said he) in Spirit. Would to God you were so (quoth Master Atturney:) Sir Walter proceeded; I will tell you the troth. It is true I got a poore fellow in the Tower, to cast up a letter tyed to an apple (for so Cobhams letter was conveyed) in at my Lord Cobhams window, when the Lievtenant was at sup∣per, (which I was loath to have spoken of, least the Lieute∣nant should be blamed, but all the Lieutenants in the world could not have helpt it) wherein I intreated him for Gods sake to do me right, and to right the truth unto me: because I knew not whither I should be arraigned before him or no: and hereupon he writt to me how he had wronged me: and herein I did nothing that was dishonest for ought I know; but I sent him a letter againe, (because I heard he should be arraigned first) and desired him to publish my innocence at his arraignment; But that not∣withstanding he writ unto me againe, which letter I have now about me (being all my hope) and I beseech your Lordships to peruse it. Master Atturney would not have it read, but said, My Lord Cecill marre not a good cause, My Lord Cecill replyed, Master Atturney, you are more peremptory then honest, you must not come heer to shew me what to do. Then Sir Walter desired my Lord Cecil

perticularly to read it, because he knew my Lord Cobhams hand, which at his request my Lord Cecil did. The let∣ter was to this purpose. That whereas my Lord Cobham did not know whither he or Sir Walter should be first ar∣raigned, and because the bloud of Sir Walter, and undoing of him, his posterity should not be required at his hands at the last day. Therefore he did by this letter confesse, that he had wronged Sir Walter in his former accusation, and that Sir Walter was innocent of any such practises, and this was true as he hoped to be saved: hereupon Sir Walter de∣sired the Jury to consider what a man this was, and what his testimony was, yet if it were worth any thing. The protestations which he had made to cleare him, were more violent then those which he had made against him. And the reason that might draw my Lord Cobham to vvrite this last letter in accusation of him, were greater then could be alledged to perswade him to write the letter in his ex∣cuse: here my Lord cheife Justice desired my Lord Cecil, and my Lord of Northampton to satisfie the Jury, that there was no condition of favour promised to my Lord Cobham for writing this last letter: which they both did protest to their knowledge. Nay said Sir Walter I dare say your Lord∣shipps would not offer it. But my Lord Cobham received a letter from his wife, that there was no way to save his life but to accuse me: which was said upon the going toge∣ther of the Jury. Concerning the matter in my Lord Cob∣hams letter of standing to his deniall, and to admit no preachers by the misfortune of my Lord of Essex; and his desire of a pension from Spaine. I protest to God said Sir Walter they are false like as the rest. Saving that this I do confesse; That my L. Cobham offered me a pension, and I (alas my Lords) loath to cast him away, and being confi∣dent that I had disswaded him from those humours, did conceale it. But that ever I dealt with him for any such

pension is most untrue. And for the meeting of the Lords at Mr. Atturnies house, he heard so he protested by happe by a child of his. After all this, the Jury went together and staid above halfe an houre, and returned with their verdict, Guilty. Then my Lord cheife Justice asked what he could say why Judgement should not be given upon him. Hee said he knew the Court was to give Judgement after their verdict, and so was willing my Lord should pro∣ceede. Then my L. chiefe Justice pronounced Judgement against him in this manner, viz. Sir Walter Rawleigh, you are to be conveied to the place from whence you came, and from thence to the place of execution, and there to bee hanged till you are halfe dead, your members to be out off, your bowells to be taken out, and cast into the fire before your face (you being yet alive) your head to bee cut off, your quarters to be divided into foure parts, to be be∣stowed in foure severall places, and so (said my Lord cheife Justice) Lord have mercy upon your soule. Sir Walter upon this, humbly desired, that the King might know the proofes against him. And that hee did persist in his loyalty, notwithstanding the said verdict (which he would pray his said Jury might never answer for) And further said, the death of him and my Lord Cob∣ham should witnesse betweene them. Only he craved par∣don for concealing my Lord Cobhams offer to him. And humbly besought the King to have compassion on him, hee was a poore gentleman and had a poore wife, and a poore child, raw, and unbrought up: he had much forgotten his duty in concealing my Lord Cobhams fault. So Judgement being given as aforesaid, and he having talked a while with the Lords in private, went back with the Sheriffe to the prison, with admirable erection, yet in such sort, as a con∣demned man should doe.

The proceedings against Sir Walter Rawleigh Knight, At the Kings Bench Barre, in Westminster, The 28. of October, 1618. Together with his execution at Westminster, on the 29 of October Anno the 16. Iacobi Regis &c.

UPon Wednesday the 28 of October, Anno. Dom. 1618. The Lievtenant of the Tower according to a warrant to him directed, brought Sir Wal∣ter Rawleigh from the Tower, to the Kings Bench Barre at Westminster: where the Re∣cordes of his arraignment at Winchester was opened; And he demanded, why execution should not be done upon him, according to the judgement therein pronounced a∣gainst him.

To which he began in way of answer, to justifie himself in his proceedings in the late voyage,

But the Lord Chiefe Justice silenced him therein, say∣ing, there was no other matter there in question, but con∣cerning the judgement of death, that formerly hath been given against him, The which the Kings pleasure was, up∣on some occasions best knowne to himselfe, to have exe∣cuted, unlesse he could shew good cause to the contra∣ry.

Unto which Sir Walter Rawleigh said, that he was told by his Councell, That in regard his Majestie since the said judgement, had been pleased to imploy him in his service,

as by Commission he had done, it made void the said judg∣ment, and was a verification unto him.

But the Lord Chiefe Justice told him, that he was there∣in deceived, and that the opinion of the Court was to the contrary.

Wherewith he was satisfyed, and desired that some rea∣sonable time, might be allowed him to prepare him selfe for death.

But it was answered him, that the time appointed was on the morrow, and that it was not to be doubted, but that he had prepared himselfe for death long since.

And I am glad said the L. Chief Justice, that you have given the world so good satisfaction of your Religion, as by some bookes published by you, you have.

And so Master Atturney Generall, requiring in the Kings behalfe, that execution might be done upon the pri∣soner, according to the foresaid judgement. The Sheriffs of Middlesex, were commanded for that purpose, to take him to their custody, who presently carryed him to the Gate-house.

From whence, the next morning, betweene the Sheriffs of Middlesex Sir Walter Rawleigh was brought to the old Palace, in Westminster, where a large Scaffold was erected for the execution.

Whereupon, when he came with a cheerfull counte∣nance, he saluted the Lords, Knights and Gentlemen, there present.

After which, a Proclamation was made for silence, and he addressed himselfe, to speake in this manner.

I desire to be borne withall, for this is the third day of my feaver, and if I shall shew any weaknesse, I beseech you to attribute it to my mallady, for this is the hour in which it is wont to come.

Then pawsing a while, he sate, and directed himselfe

towards a window, where the Lord of Arundel, Northamp∣ton, and Doncaster with some other Lords, and Knights, sat and spake as followeth,

I thanke God of his infinite Goodnesse, that he hath brought me to die in the light, and not in darknesse, (but by reason, that the place where the Lords, &c. sate) was some distance from the Scaffold, that he perceived they could not well hear him, he said, I will straine my voice, for I would willingly have your honours heare me.

But my Lord of Arundel said, Nay, we will rather come downe to the Scaffold, which he and some others did.

Where being come, he saluted them severally, and then began againe to speake as followeth, viz.

As I said, I thanke God heartily, that he hath brought me into the light to dye, and that he hath not suffered me to dye in the darke prison of the Tower, where I have suf∣fered a great deale of misery, and cruell sicknesse, and I thanke God, that my feaver hath not taken me at this time, as I prayed to God it might not.

There are two maine points of suspition that his Ma∣jestie as I heare, hath conceived against mee.

To resolve your Lordships wherein his Majesty can∣not be satisfied, which I desire to cleer, and to resolve your Lordships off:

One is, that his Majesty hath been informed, that I have often had plotts with France, and his Majesty had good reason to induce him thereunto.

One reason that his Majesty had to conjecture so, was, that when I came back from Guyana, being come to Ply∣mouth, I endeavoured to go in a barke to Rochell, which was, for that I would have made my peace, before I had come to Englande;

Another reason was, upon my flight, I did intend to fly into France, for the saving of my selfe, having had some terror from above.

A third reason is, his Majesty had reason to suspect, was the French Agents coming to me, besides it was reported that I had a Commission from the Frech King, at my go∣ing forth, these are the reasons that his Majesty had, as I am informed to suspect me.

But this I say, for a man to call God to witnesse, to a falshood at the hour of death, is farre more grievous and impious, and that a man that so doth cannot have salvati∣on, for he hath no time of repentance, then what shall I ex∣pect, that am going instantly to render up my account. I do therefore call God to witnesse, As I hope to be saved, and as I hope to see him in his Kingdom, which I hope I shall within this quarter of this houre, I never had any Commission from the French King, nor never saw the French Kings hand writing in all my life, neither know I that there was a French Agent, nor what he was, till I mett him in my gallery at my lodging unlooked for, If I speake not true, O Lord let me never enter into thy King∣dome.

The second suspition was, that his Majesty had been in∣formed, that I should speake dishonorably, and disloyally of my Soveraigne; But my accuser was a base french man, a runnagate fellow, one that hath no dwelling, a kinde of a Chymicall fellow, one that I knew to be persideous, for being by him drawne into the Action of fearing my selfe at Winchester, in which I confesse my hand was toucht, hee being sworne to fecresie over night revealed it the next Morning.

But this I speake, now what have I to doe with Kings; I have nothing to doe with them, neither doe I feare them; I have onely now to doe with my God, in whose presence I stand, therefore to tell a lye, were it to gaine the Kings fa∣vour, were vaine: Therefore, as I hope to be saved at the last judgement day, I never spake dishonorably, disloyal∣ly,

or dishonestly of his Majesty in all my life; And there∣fore I cannot but thinke it strange, that that Frenchman being so base and meane a fellow should be so farr credited as he hath been.

I have dealt truely, as I hope to be saved, and I hope I shall be beleeved: I confesse, I did attempt to escape, I can∣not excuse it, but it was onely to save my life.

And I doe likewise confesse, that I did faigne my selfe to be ill disposed and sick at Salisbury, but I hope it was no sinne, for the Prophet David did make himselfe a foole, and suffered spittle to fall down upon his beard, to escape from the hands of his enemies, and it was not imputed un∣to him: so, what I did, I intended no ill, but to gaine and prolong time till his Majesty came, hoping for some Com∣miseration from him.

But I forgive this French-man and Sir Lewis Stewkelye withall my heart, for I have received the Sacrament this morning of Master Deane of Westminster, and I have for∣given all men, but that they that are persideous, I am bound in charity to speake, that all men may take heede of them.

Sir Lewis Stewkeley, my keeper and kinsman, hath af∣firmed that I should tell him, that my Lord Carewe, and my Lord of Doncaster heer, did advise me to escape, but I protest before God, I never told him any such thing, nei∣ther did the Lords advise me to any such matter: neither is it likely that I should tell him any such thing, of two pri∣vy-Councellors: neither had I any reason to tell him, or he to report it; for it is well knowne, he left me 6,7,8,9 and 10 dayes together alone, to go whither I listed, whilest he rod himselfe about the Countrey.

He further accused me, that I should shew him a letter whereby, I did signifie unto him, that I would give him ten thousand pounds for my escape; But God cast my

soule into everlasting fire, if I made any such profer of 10000 pounds, or 1000, but indeed I shewed him a letter, that if he would go with me, there should be order taken for his debts when he was gone, neither had I 10000 pound to give him, for if I had had so much, I could have made my peace better with it otherwayes, then in giving it to Stewkeley.

Further, when I came to Sir Edward Pelhams house, who had been a follower of mine, and who gave me good entertainment. He gave out, that I had there received some dramme of poyson, when I answered him that I feared no such thing, for I was well assured of them in the house, and therefore wisht him to have no such thought; now God forgive him for I do, and I desire God to forgive him, I will not onely say, God is a God of revenge; But I desire God to forgive him, as I do desire to be forgiven of God.

Then looking over his noate of remembrance, well said he, thus farre I have gone, a little more, a little more, and I will have done by and by.

It was told the King that I was brought per-force into England, and that I did not intend to come againe; But Sir Charles Parker, M. Trefham, M. Leake, and divers know how I was dealt withall by the common-souldiers, which were 150 in number, who mutined, and sent for me to come into the ship to them, for unto me they would not come, and there was I forced for to take an oath, that I would not go into England, till that they would have me; otherwise they would have cast me into the sea, and there∣withall they drove me into my Cabbin, and bent all their forces against me.

Now after I had taken this oath, with wine, and o∣ther things, such as I had about me, I drew some of the cheifest to desist from their purposes; and at length, I

perswaded them to goe into Ireland, which they were wil∣ling unto, and would have gone into the North parts of Ireland, which I disswaded them from, and told them that they were Red-Shankes that inhabited there, and with much adoe, I perswaded them to go into the south parts of Ireland, promising them to get their pardons, and was forced to give them 125 pound at Kinsall, to bring them home, otherwise I had never got from them.

I heare likewise, there was a report, that I meant not to go to Guyana at all, and that I knew not of any myne, nor intended any such thing or matter, but onely to get my liberty, which I had not the wit to keep.

But I protest it was my full intent, and for gold, for gold for the benefit of his Majesty, and my selfe, and of those that ventured, and went with me, with the rest of my countreymen: But he that knew the head of the myne would not discover it, when he saw my sonne was slaine, but made away himselfe.

And then turning to my Earle of Arundel, he said, My Lord, being in the Gallery of my ship, at my departure, I remember your Honor took me by the hand, and said, you would request one thing of me, which was, that whither I made a good voyage or a bad, I should not fayle, but to returne againe into England, which I then promised you, and gave you my faith I would, and so I have.

To which my Lord answered and said, it is true, I do very well remember it, they were the very last words I spake unto you.

Another slander was raised of me, that I would have gone away from them, and left them at Guyana.

But there was a great many worthy men, that accompa∣nied me alwayes, as my Serieant Major, George Rawleigh and divers others, which knew my intent was nothing so.

Another opinion was held of me, that I carried with me

to sea, 16000 peeces, and that vvas all the voyage I intend∣ed, onely to get mony into my hands.

As I shall ansvver it before God, I had not in all the world in my hands or others to my use, either directly or indirectly, above a hundred pound, whereof when I went I gave my wife 25 pounds thereof, but the error thereof came as I perceived, by looking over the Screvenors bookes, where they found the bills of adventure arising to a great sum, so raised that false report.

Onely I will borrow a little time of M. Sheriffes to speake of one thing, that doth make my heart to bleed, to heare that such an imputation should be layd upon me, for it is said, that I should be a persecutor of the death of the Earle of Essex, and that I stood in a window over a∣gainst him, when he suffered, and puffed out tobacco in disdaine of him, God I take to witnesse, I shed teares for him when he died, and as I hope to looke God in the face hereafter, my Lord of Essex did not see my face, when he suffered, for I was a farre off in the Armory, where I saw him, but he saw notme.

I confesse indeed I was of a contrary faction, but I know my Lord of Essex was a noble gentleman, and that it would be worse with me when he was gone; for I got the hate of those which vvishad me well before, and those that set me against him, afterwards set themselves against me, and was my greatest enemies, and my soule hath many times been grieved, that I was not nearer him vvhen he died; because as I understood aftervvards, that he asked for me at his death, to have been reconcyled unto me.

And these be the materiall points I thought good to speake of, and I ame novv at this instant, to render up an account to God, and I protest as I shall appeare before him, this that I have spoken is true, and I hope I shalbe beleeved

Then a proclamation being made, that all men should

depart the Scaffold, he prepared himselfe for death: giving away his hat, his cap, vvith some mony, to such as he knevv, that stood neer him.

And then taking his leave of the Lords, Knights, Gen∣tlemen, and others of his acquaintance, and amongst the rest, taking his leave of my Lord of Arundel, he thanked him for his company, and intreated him to desire the King that no scandalous vvriting to defame him, might be pub∣lished after his death, saying further unto him, I have a long journey to go, and therefore I vvill take my leave

And then putting off his doublet, and govvne, he desired the headsman to shevv him the Axe, vvhich not being sud∣denly granted unto him, he said I prethee, let me see it, dost thou thinke that I am afraid of it, so it being given unto him, he felt along upon the edge of it, and smiling, spake unto M. Sheriffe saying, this is a sharpe medecine, but it is a physitian that will cure all diseases.

Then going to and fro upon the Scaffold on every side, he intreated the company to pray to God to give him strength.

Then having ended his speech, the executioner kneeled downe and asked him forgivenesse, the which laying his hand upon his shoulder he forgave him.

Then being asked, which way he would lay himself on the block, he made answer and said, so the heart be streight it is no matter which way the head lyeth: So laying his head on the block, his face being towards the East, the headsman throwing downe his owne cloak, because he would not spoyl the prisoners gowne, he giving the heads∣man a signe when he should strike, by lifting up his hands, the executioner strook of his head, at two blowes, his body never shrinking nor mooving, his head was shewed on each side of the Scaffold, and then put into a red leather bag, and his wrought velvet gowne throwne over it, which was afterwards conveyed away in a mourning coach of his Ladyes.

Sir Walter Rawleigh's Letter to the King the night before his death.

THe life which I had most mighty Prince, the law hath taken from me, and I am now but the same earth and dust out of which I was made. If my offence had any proportion with your Majesties mercy I might despaire, or if my deser∣ving had any quantity with your Majesties unmeasurable goodnesse I might yet have hope, but it is you that must judge and not I, name, blood, gentility, or estate I have none; no not so much as a being, no not so much as a vitam planta: I have onely a penetent soule in a body of iron, which mooveth towards the load-stone of death, and cannot be withheld from touching it, except your Majesties mercy turne the point to∣wards me that expelleth. Lost I am for hearing of vain man, for hearing only and never beleeving nor accepting: and so little account I made of that speech of his, which was my con∣demnation (as my forsaking him doth truly witnesse) that I never remembred any such thing, till it was at my tryall ob∣jected against me. So did he repay my care, who cared to make him good, which I now see no care of man can effect. But God (for my offence to him) hath laid this heavy burthen on me, miserable and unfortunate wretch that I am. But for not loving you (my Soveraigne) God hath not layd this sor∣row on me: for he knowes (with whom I am not in case to lye) that I honored your Majesty by same, and loved and admired

you by knowledge, So that whither I live or dye, your Majesties loving servant I will live and die. If now I write what seemes not well favoured (Most mercifull Prince) vouchsafe to as∣scribe it to the councell of a dead heart, and to a minde that sorrow hath confounded. But the more my misery is, the more is your Majesties mercy (if you please to behold it) and the lesse I can deserve, the more liberall your Majesties gift shall be: herein you shall onely imitate God, giving free life: and by gi∣ving to such a one from whom there can be no retribution, but onely a desire to pay a lent life with the same great love; which the same great goodnesse shall bestow on it. This being the first letter, that ever your Majesty received from a dead man: I humbly submit my selfe to the will of God my supream Lord, and shall willingly and patiently suffer whatsoever it shall please your Majestie to afflict me withall,

Walter Rawleigh.

The Copy of Sir Walter Rawleighs Letter to his Wife, the night before his death.

YOu shall now receive (my deare wife) my last words in these my last lines. My love I send you that you may keep it when I am dead, and my cou••cell that you may remember it when I am no more I would not by my will present you with sorrowes (Deare Besse) let them go into the grave with me and be buried in the dust. And seeing that it is not Gods will that I should see you any more in this life, beare in patiently, and with a heart like thy selfe. first I send you all the thankes which my heart can conceive, or my words can reherse for your many travailes, and care taken for me, which though they have not taken effect as you wished, yet my debt to you is not the lesse: but pay it I never shall in this world. Secondly, I beseech you for the love you beare me living, do not hide your selfe many dayes, but by your travailes seeke to helpe your miserable fortunes, and the right of your poor childe. Thy mourning cannot availe me, I am but dust. Thirdly you shall under∣stand, that my land was conveyed bona fide to my childe: the writings were drawne at midsummer was twelve months, my honest cosen Brett can testify so much, and Dolberry too, can remem••er somewhat therein. And I trust my blood will quench their malice that have cruelly murthered me: and that they will not seek also to kill thee and thine with extreame poverty. To what friend to direct thee I know not, for all mine have left me in the true time of tryall. And I perceive that my death was determined from the first day. Most sorry I am God knowes that being thus surprised with death I can leave you in no better estate. God is my witnesse I meant you all my office of wines or all that I could have purchased by selling it, halfe my stuffe, and all my jew∣els, but some one for the boy, but God hath prevented all my resolutions. That great God that ruleth all in all, but if you can live free from want, care for no more, the rest is but vanity. Love God, and begin betimes to repose your selfe upon him, and therein shall you finde true and lasting riches, and endlesse comfort: for the rest when you have travelled and wearied your thoughts, ver all sorts of worldly cogitations, you shall but sit downe by sor∣row in the end. Teach your son also to love and feare God whilst he is yet young, that the feare of God may grow with him, and then God will be a husband to you, and a father to him; a husband and a father which cannot

be taken from you. Baily oweth me 200 pounds, and Adrian 600 in Iersey I also have much owing me besides. The arrearrages of the wines will pay, your debts. And howsoever you do, for my soules sake, pay all poore men. When I am gone, no doubt you shall be sought too, for the world thinkes that I was very rich. But take heed of the pretences of men, and their affections, for they last not but in honest and worthy men, and no greater misery can be∣fall you in this life, then to become a prey, and afterwards to be despised. I speake not this (God knowes) to disswade you from marriage, for it will be best for you both in respect of the world and of God. As for me I am no more yours, nor you mine, death hath cut us asunder: and God hath divided me from the world, and you from me. Remember your poore childe for his fa∣thers sake, who chose you, and loved you in his happiest times. Get those letters (if it be possible) which I writ to the Lords, wherein I sued for my life: God is my witnesse it was for you and yours that I desired life, but it is true that I disdained my self for begging of it: for know it (my deare wife) that your son is the son of a true man, and who in his owne respect despiseth death and all his mishapen & ugly formes. I cannot write much, God he knows how hardly I steale this time while others sleep, and it is also time that I should separate my thoughts from the world. Begg my dead body which living was denied thee; and either lay it at Sherburne (and if the land continue) or in Exeter-Church by my Father and Mother; I can say no more, time and death call me away, The everlasting, powerfull, infinite, and omnipo∣tent God, That Almighty God, who is goodnesse it selfe, the true life and true light keep thee and thine: have mercy on me, and teach me to forgive my persecutors and accusers, and send us to meet in his glorious Kingdome. My deare wife farewell. Blesse my poore boy. Pray for me, and let my good God hold you both in his armes. Written with the dying hand of sometimes thy Husband, but now alasse overthrowne;

Walter Rawleigh.

FINIS.