TO THE KING'S most Excellent Majesty. The humble petition and information of Sir Lewis Stucley, Knight, vice-admiral of Devon, touching his own behaviour in the charge committed unto him, for the bringing up of Sir Walter Raleigh, and the scandalous aspersions cast upon him for the same. BEing deterred by your majesties more important affairs, from any hope of redress of those scars cast upon my reputation by Sir Walter Raleigh at his death, without some remonstrance of the business made by myself; I have presumed to offer to your most Excellent Majesty, a just defence of my carriage in that affair: Wherein as I hold it the part of an honest man, to prefer public duty before private affection; so I cannot but keep the heart of a Gentleman, which is ever more sensible of a wound given to his reputation, then to his life I have no pleasure to fight with a ghost: But seeing an Angel of darkness, did put on him the shape of an Angel of light at his departure, to perform two Parts most cunningly; First, to poison the hearts of discontented people; Secondly, to blemish me in my good name, a pooreinstrument of the just desires of the State, with false imputations: Give me leave, most Gracious Sovereign, to speak for myself: which I do not to insult upon the dead, but to defend myself against the false reports of the living, taken from the dead upon trust, to strike me directly, but through my sides indirectly, aiming at a higher mark. All men have long known, that this man's whole life was a mere sophistication, and such was his death, in which he borrowed some tincture of holiness, which he was thought not to love in his life, therewith to cover his hatred of others in his death. As it appeareth, that being moved by the Dean of westminster, and thereupon promising charity to me in the prison, doth thus vent his hatred on the Scaffold, in show of charity to the living, to take heed of so dangerous a man. An uncharitable charity, not much unlike that man's repentance, who purposing to hang himself, writes his repentance of that sin before hand in his book, which he did purpose to commit. Yet will not I take upon me to judge of his last repentance, I leave him unto God, to whom he stands or falls; but I would he had given a better sign of it, then by godly words at his death to gather credit to himself to work upon the compassion of men, thereby to infuse more warily the venom of sedition into the hearts of as many as he might, and to gain reputation upon his Sovereign, but to spend his malice upon me your poor servant, who did nothing, but execute your just Commands, with the peril of my life. Witness his open invitation of divers to his death, wherein he meant, as in his last Will and Testament, to lean a Legacy of his hatred unto me, to be executed upon me by them to my destruction. But it is nothing in respect of his general end, to spread by them whom he had invited, the contagion of his seditious humour unto others, which the event doth manifest: That it grows very questionable, whether this man did more hurt by his life, or by his death: By his life through his ill example; By his death through his false testimony to traduce the justice & instruments of the State. Yea but it was the testimony of a dying man, now a penitent (as alsay) as some say, a Saint, even then when as himself said, it was no time to flatter or fear Princes: yea, but it was the testimony of an enemy, of a perjured, of a condemned man. First, of an enemy, and of an angry enemy, even with your Majesty that would have justice executed on him, upon his original condemnation, who were satisfied, as he publicly did speak of his innocency in that cause, as privately before he bewrayed his deep discontentment, when it was urged, that the testimony of the Lord Cobham was never retracted, Sir Walter Raleigh did peremptorily deny it. To whom answer was made, that then the public Act registered in the Counsel book would manifest it, for there it appears. So fain would this man cast aspersion upon your justice for taking the life of an innocent in that cause, wherein he was condemned by his Country. When this would not serve his turn, than did he fly to the Commission of a general; pleading it as an implicit pardon of that former offence: Not considering that being already a man condemned for treason, he was, as the learned in the Law held, uncapable of another trial, by which he might have been found as Nocent as before. For he having a Commission, to go into those parts of America, unpossessed by any Christian Prince in league with your Majesty, and no where else, either to plant or trade, he made his design for the River of Oreonoque, where he knew the Subjects of the King of Spain were already planted, which, as he confessed under his hand to your Majesty, he concealed from you; and this under pretence of his gold Mine, which he did apparently to this end, to break the League, and to embroil the two States. Many Generals have for exceeding their Commissions been punished, even for good services: how then could he have escaped, for this his disservice, being against his Commission, if he might by the law have been tried upon it? It's clear then, that he was angry with your Majesty for commanding justice to be done upon him: how then could he choose but be angry with me the poor Instrument who brought him back to justice, from whence he intended often to make an escape? First at Sea, upon his return, making motion to be set on shore in France, and to quit his Ship to his company on that condition; for the which he was blocked up in his Cabin a month together, as himself hath confessed unto me, and is to be proved by divers of his company: By which it is clear again, that out of his guiltiness, he did not so much trust in your goodness, as he said on the Scaffold he did too much, or else he had not suffered death. Next at Plymouth, after he was by your majesties special command, committed to my keeping, he plotted with two French Captains; by name with Captain Flory, and Captain Le'Grand, to escape in one of their ships, than there in harbour, as he then confessed to the Lords Commissioners, it being first evidently proved against him; by which it appeareth again, he did not trust your majesties goodness, as he writ and said at his death. But I am sure by this he did much wrong my kindness, to my undoing, had not the goodness of heaven prevented him. Next he plotted his escape at Salisbury; which my worthy Cousin William Herbert first discovered to your Majesty. Last upon the same Saturday when I received your majesties Commission, by my Cousin Herbert, by whom also I received intelligence, that at that instant, he was flying from my custody without my privity; not having as yet made him any semblance of condiscent, so that I almost came on him at unawares, even at the instant that he was putting on his false beard, and his other disguisements: Which declares he did still distrust your goodness; doubtless out of the conscience of his guiltiness, whatsoever he writ or said to the contrary. And is it any marvel then, that he was angry with me at his death, for bringing him back? Besides, that being a man, as he was thought, of so great a Wit, it was no small grief, that a man of so mean a wit as I, should be thought to go beyond him. Yea, but you should not have used such craft to go beyond him; No? Sie ars deluditur arte. Neque enim'lex iustior ulla est quam'necis artifices arte perire sua. But why did not you execute your Commission barely to his apprehension on him in his house? Why? my Commission was to the contrary, to discover his other pretensions, and to seize his secret papers, etc. And can any honest Subject question mine honesty, in the performance of such a Commission, which tended to the discovery of the secret intentions of an ill affected heart to my Sovereign? How can any dislike this in me, and not bewray his own dishonest heart, unto the State? Yea, but though another might have done this, yet how might you do it, being his kinsman and his friend? Surely if I had been so, yet in a public employment, and trust laid upon me, I was not to refuse it, much less to prefer private kindness or amity, before my public duty and loyalty: For what did I know the dangerous consequence of these matters, which were to be discovered? or who knows them yet, of those that make themselves my competent judges? But if there were no kindred or amity between us, as I avow there never was, what bond then might tie me to him, but the tie of compassion of his misery? which was in my Sovereign's heart to distribute, when he saw time, that did command me, and not in the dispensation of me, nor of any other instruments power, that is to be commanded. Hitherto I have proved he was angry, both with your Majesty, & with myself, and therefore his testimony ought not to be of any force against me. It followeth next to prove, that his protestations and oaths, concerning others were false, both before he came to the Scaffold, and upon the Scaffold. Before, against Queen Elizabeth of infinite famous memory, who advanced him with great favour from the dust. For one day myself upbraiding him with the notorious extreme injury he did my father, in deceiving him of a great adventure which my said father had in the Tiger, when he went to the West Indies with my Uncle Sir Richard Grenuill; which was by his own confession worth fifty thousand pound: which came all to his hands, my father's portion at the least being ten thousand pound that he might lawfully claim: He answered that the Queen howsoever she seemed a great good mistress unto him in the eyes of the world, yet was so unjust and tyrannous unto him, that she laid the envy as well of this, as of many other her oppressions upon him: and that she took all the pearl in a Cabinet unto herself, without ever giving him so much as one pearl. This he swore to me, and to Captain Pennington, he did so basely and barbarously rail upon that our most excellent Queen oftentimes, as he can attest, that no man hath cause to believe his oath against others, that would break his oath of Allegiance to so excellent a mistress, that had raised him from such meanness to such greatness, as we of his country did well know. Now that he swore that he was not guilty of the plotting of the Earl of Essex death, nor did insult upon him being dead, there is a Gentleman of worth, which about that time came from out of a long captivity, which he had suffered in Spain, who touched at Sherborne, and Sir Walter Raleigh asked him, What they said in Spain of Essex death: He answered, They heard not of it there: But that he was sorry he heard in the Island voyage, That the Earl had brought him to his mercy. To which Sir Walter Raleigh answered, But I trust I am now quittance With him; which this Gentleman is ready to attest. Besides, in his Letters written to others, he did ordinarily upbraid him, That he died like a Craven: and in another, That the great boy died like a Calf: And he was often heard to say, That he died like a fool, and like a coward: So persecuting his ghost, and insolently trampling in his ashes; that it thence grew into many men's mouths; That it was better to be a living dog, than a dead lion. But a more evident demonstration there cannot be of any thing, then that an old Warder of the Tower will depose, that he saw Sir Walter Raleigh the night before the Earls suffering, with his footman only with him, to come to the Tower, and heard him give straight instructions to the Lieutenant of the Tower for execution of the Warrant, for that worthy Lords execution, which shortly followed him. Whether then he for swore not himself even at his death for publicue applause, about the not plotting the destruction, and not insulting on the death of that most noble Earl, and excellent Saint of God; whole Christian humilitic and charity, if Sir Walter had followed, he had not called his repentance and Saintship so far into question, as now he hath done, and so seditiously have poisoned the hearts of discontented people, nor so maliciously wounded the reputation of an honest Subject: Who upon just reason, believing the disloyal and dishonourable words spoken by such a proud vassal against your sacred person to Monsieur Manourij, as other his disloyal deeds which he intended against you: That if he had escaped, he was like to prove as dangerous a Traitor to this Crown, as ever Antonio de Pcres was to the Crown of Spainc; took them to heart, and performed my best devoyer to bring him unto justice. But whether, I say, he forswore not himself in these things, I refer myself to them that are better acquainted with the Tragedy of that time. Not to forget in the end, that which he confessed himself unto me and others, that he took an oath upon the Bible to his Company, which he purposed to break; which perjury, his Lady hath said, was the cause of all his ruin. And what interpretation can my greatest enemy make of his oath, which voluntarily he swore unto myself in the Lieutenant's dining chamber, the Wednesday after his commitment; which was, That he loved me as well, as any friend he had in the world; to which I have substantial witness. But in all these things he used an equivocation, as he doth in these things now concerning me. To which I answer in general once for all, Sir Nicholas Throgmorton, father to his wife, was thought justly to except against the testimony of one Vaughan, brought against him, because he was a condemned man: And may not I then except against the testimonic of Sir Walter Raleigh, urged against me upon the Scaffold, coming from an Outlaw after judgement, even in a case of high Treason? Yet to answer in particular to the points, he saith first; I never did receive advice from my Lo. Carew to make mine escape. And I do now verily believe he never did receive any such advice, as I ever said to the Lords: But that Raleigh told it unto Stucley, yea, and that many times, I will avow it unto death, and take the Sacrament upon it. To the second; I never named my Lord Hay, and my Lo. Carew, in other words and sense, then as my honourable friends: amongst other Lords my honourable friends. That is very true, and I would the rest of his Honourable friends understood how far he named them, as well as I do. But as ever I believed, that he did abuse their Honourable names, to seduce me, and to draw me to his purpose: So did I promise to myself, that some of the chief of them being joined in the bond either of blood or affinity with me, a poor Gentleman, would be a comfort unto me in the way of my loyalty, and renounce the testimony of such a disloyal man, that was never true to any, but to himself. There is no man's displeasure can further hurt me, than he hath threatened me, That if I revealed the things he told me in private, I should die for it. And die for this cause I am content, so it be not by an assacinate: But whensoever I die, there shall die your majesties faithful and loyal servant, and one that will part with his blood at as dear a rate as he can. For the third, concerning the showing of a letter to me about money, his wife if she were put to her oath, can tell whether it were so or no. But under the former protestation, I avow it to be true, that he showed me such a letter; though I think it not true what the letter spoke. I omit his perjury in swearing he had no design for France; when as Sir john Fearne, and Captain Penington are able to testify upon their oaths, that he often told them he had commission to stand them in stead from the High Admiral of France, which confirms the testimony of M. Mannowry, who saw the Commission at Plymouth, as he will depose it. I urge not his perjury in that Article concerning Sir john Fearne, that he never had it in his thought to go from Trinidado, to leave his company: which Sir john Fearn is ready to prove, by the deposition of 60. persons, that Sir Walter propounded it unto them, whatsoever he intended. And therefore how this man equivocates at his death, all the world may see. O barbarous cruelty, to leave so many gentlemen, when he had secretly heard that his son was dead, to the mercy of their enemies, without hope or means to return. Where he also persuaded Captain Penington to go away, who answered him, he would rather die than lay the guilt upon his soul, of the death of so many gentlemen: But if I would, you lately swore you have no money left, quoth Captain Penington, without which we cannot victual at Virginia; Tut, whatsoever I swore (said Sir Walter) I have 300. pieces in a corner at a dead lift; as he confessed also to the Lords that he gave one hundred and fifty pieces to his company to come home: And how then can that be true, which he swore at his death, that he carried but 60. pieces with him, and brought home near the same sum. Certainly perjury was but a Peccadillio with this man, which he showed also towards me, when he protested that I persuaded him to go to Sir Edward Parrhams' father's house, which is most untrue: For Sir Walter Raleigh having a secret intention, which afterwards appeared to play the mountbanke at Salisbury to pretend the taking of a dose of poison, by which he deceived me first, that by me he might deceive others, which was a most base unmanly part; thought Sir Edward Parrhams' father's house, whom he thought to be a Papist, to be a fit subject of suspicion, which he meant to cast upon his friend, who had so lovingly and worthily entertained vs. For, said Sir Walter, though the Gentleman would not hurt me, yet there might be Priests or Jesuits there that did it: For I remember after my morning's draft, of a cup of Ale, which Sir Edward Parrham offered me in the Hall, I felt presently a kind of excoriation in mine entrails, as if some jesuit had been the Butler. Now when I saw the pustales break out upon him at Salisbury, my Compassion I confess was too credulous to report from his mouth so much, wherein I made no lie, but told a lie: Non mentientis astu, sed compassionis affectu, which hath been ill required by him to whom I showed it. But I am heartily sorry for it, that being so far abused as I was, I should wrong my true kinsman, which moved me after to no small just indignation against Sir Walter, who had thus abused us both. When I heard of his often purposes to escape to mine undoing, to draw him forward to it, which he intended of himself by making of a lie, Non amore mendacij, sed officij, the rather because he had inveigled me to hurt my kinsman by telling of a lie, which I doubt that Divinity would not bear but reason of State, (as the best Philosophers do hold) doth bear it to be lawful to lie for the discovery of Treason to do service to the common wealth. Yea, but they say, that he hath not left so sufficient a man behind him, and that therefore his death is a loss to the commonwealth; I doubt much of both. But no man denies, but he had many sufficiencies in him: But what were these, but so many weapons of practice and danger to the State, if he escaped, being so deeply tainted in so many points of discontent, dishonesty, and disloyalty? He knew, as he writ, that as in nature, so in policy, A priuatione ad habitum non fit regressio, and therefore being desperate of any fortune here, agreeable with the height of his mind, who can doubt, but he would have made up his fortune elsewhere upon any terms against his Sovereign and Country? No Coriolanus heart could be more vindicative, than he was unto them to whom he did impute his fault. Yea, but he died most resolutely: Yea, but he was taken most sheepishly. Never was there man out of the conscience of his own corruption and guiltiness so cowed at his taking, as he was; trembling and weeping to come before justice. Yea but he gathered his spirits afterwards, and died resolutely. Even so hath many a jesuit done at Tyburn; a cankered enemy to God and his Sovereign: But with this difference, that they died in hope of false martyrdom, and this with a desire of a false popular fame. But he died like a Saint too: He hath before very much called his Saintshippe into dispute by the carriage of his life: We may now judge of it, by that he did a night before his death, who after his Conferences with the Dean of Westminster, for his better instruction, and preparation of his soul for God, called the Keeper of the Gatehouse (Master Weeks) to him, and was curiously inquisitive to know, whether he had any Romish Priests under his charge, and custody, and what they were; but upon his answer (that he had not any) whether he mistrusted that Master Weeks would not deal plainly with him, or would not be true unto him, he presently surceased from any further Inquisition of that matter; which whether it might proceed of an irresolution in the Religion wherein he professed himself to die, or out of a popular affectation to insinuate and apply himself to all factions, I leave it to the censure of the judicious Reader, and of such as best observed the whole Scene of his action upon the Scaffold. But to go further, they say he died like a Soldier & a Saint, & therefore then to be believed, not only against me, but against the attestation of the State. O wicked times, to say no more! But my hope is that Religion and the fear of God, and the conscience of our duty and loyalty to your Majesty, will sway more with the most and best, by that time men shall from the State be better informed. Opinionum commenta delebit dies, veritatis judicia confirmabit, saith Tully. Wherefore I do here make two most humble petitions to your most excellent Majesty. First, that seeing I your poor loyal Subject am burdened and oppressed, with the Testimony of a bitter enemy, of a perjured and condemned man, which is against all reason, conscience, and law: That I may have your majesties leave to the confirmation of the truth, which I have avowed to be sufficient; to receive the Sacrament upon it in your majesties Chapel. The next is, that your Majesty will be so gracious unto me, as to suffer a declaration to come forth from the State, for the cleared of these matters, and further satisfaction of the world: By which it may appear, that the justice of God, and the justice of the King, did never better meet together in one man: Which my just and humble request, I hope your Majesty will not deny to Your majesties loyal Subject and Servant, LEWES STUCLEY. Imprinted at LONDON by BONHAM NORTON and JOHN BILL, Printers to the Kings most Excellent Majesty. ANNO 1618.