Imprimatur, Hic Liber cui Titulus, The Life and Trial of Sir Walter Raleigh. Ab. Campion, Reverendissimo Domino GILB. Arch. Cant. à Sac. Domest. Aug. 30. 1676. Ex Aed. Lambeth. THE LIFE Of the Valiant & Learned Sir WALTER RALEIGH, Knight. WITH HIS TRIAL AT WINCHESTER. LONDON, Printed by J. D. for Benj. Shirley, and Richard Tonson, under the Dial of St. Dunstan's Church in Fleetstreet, and under Grays-Inn Gate next Grays-Inn Lane, 1677. THE LIFE OF Sir Walter Raleigh. I Determine to write the Life, the Rise, Fortunes and End of Sir Walter Raleigh, Knight; his Memoirs being certainly worthy to be transmitted to Posterity, who hath been so successfully industrious in retrieving the Actions of former Ages from the Ruins of Time, even in its very Infancy, in a well-compiled, masculine, and learned History of the World. The Image of so great a Person should not be quite lost, though drawn in little, which deserves to be portrayed by the greatest Masters of Policy, and with the boldest Touches. Indeed his Shadows cannot now well be left exact, seeing they must be taken so long after his Death; when Time hath defaced his best Features, and shed Oblivion on the most beautiful of his Actions. Who follows Truth (as Sir Walter has wisely remarked) too near the heels, In his Preface to the History of the World may have his teeth struck out: and he that goes after her, oft loseth her sight, and himself too. Distance of time doth sometimes, like some mediums, make the straightest Actions seem crooked, and sometimes gives them the advantage of Landscapes, which appear taking and agreeable afar off, though when nearly searched, and pried into by a curious and intelligent Eye, they seem rude, harsh, and unpleasant. We must therefore despair of a just and exact Account of him, unless we could by some Magick-Power (as the Author of a Pamphlet has done, to terrify and make Gondamore speak the Truth) raise him from the dead, and converse a while with his Ghost. I shall however with what imperfect Clue our Histories have bequeathed, trace him through the various Labyrinths of Fortune, and take a Prospect of him in the several Scenes of Court and Camp, Peace and War, till I have followed him to the Scaffold, the place of his much lamented and unhappy End; keeping as near as I can a medium between Those who in their Annals drive on with an implicit faith; and Those, who to get the reputation of Observers and Men of Reach, steal into the private Recesses of Princes, and disrobe Majesty itself to find some Deformities; which love to their Prince, and Interest of State should cover; The best Veil for all deformed Actions. I find him born at a place, called Budely, or Budleigh, in the County of Devon, in an House which his Family had long possessed, called Hays: A County (as Mr. Cambden has observed) renowned among foreign Nations for the Valour of its Inhabitants in Sea-Services of all sorts. In his Britannia. That Spain thought so, Sir Francis Drake, with many others of that County, as well as our Sir Walter, are very convincing Arguments. That he was well descended, was never yet questioned, but by my Lord of Oxon, who indeed was wont to call him the Jack, and Upstart. But these were words which only Envy and Emulation could extort, and every one very easily confute. Indeed that he was a Gentleman, because a Favourite, was no ill Argument amongst the Politicians of those Times, if we may believe a Secretary of State, Sir Rob. Nanton. who hath left this as a Maxim then, That the Queen through her whole Reign never was guilty of creation, never in her choice took into her Favour a mere Newman, or a Mechanic. That he was but poor in the beginning seems not strange, if we consider him the youngest Brother, and the Fortunes of his Family much diminished by the Generosity (if not Prodigality) of his Ancestors. But the wants of Fortune are often recompensed with the richer gifts of the Mind; Nature foreseeing the disability of his Estate, stocked him with a larger portion of Sense, bequeathed him the fairer Patrimony of a faithful Memory, plausible Tongue, strong Wit, and solid Judgement. But because the natural Endowments of the Mind, though never so great, are capable of Advancement by the help of Education, he resolved for one of the Universities. Oxon had the happiness to own him, where I find him in Oriel College. His slender Fortune, and his active Genius, always pointed with a restless Ambition, would not let him settle here, so that he could only (like a Spy) take a transient view of, or (like an hasty Enemy) make some incursions and inroads into those parts of Learning, which he afterward conquered, and was entirely Master of. Therefore that he might the better feed those Hope's Ambition had kindled in his thoughts, and remove nearer to the Mistress he courted; He resolved for one of the Inns of Court, which he knew were always Places of Esteem with the Queen, who would say, they fitted Youth for the future. Here he spent his time, and improved himself in the intricate knowledge of our Laws, and in the studies of all Manly and Real Accomplishments. But he stayed not long here neither; for Fate it seems would have him of the Sword first. Yet though he laid aside his Gown, it was not with a design of never reassuming it; for through the frequent Vicissitudes of his whole Life, he challenged a Reputation amongst the most Eminent Statesmen, being upon all Emergencies of Affairs consulted, as one of the best Oracles of Government and Policy in his time. It's true he was never sworn, for some Reasons of State which Courts spread a Veil over, but was frequently called to Council. Through his Life he made good his Motto, Tam Marti, quam Mercurio: and it is still a Question, Whether he was the better Statesman or Soldier? incomparably excelling in both the Arts of Peace and War. To rise by his Studies, probably his Condition and Ambition would not let him judge the speediest course; much time and a considerable Fortune being often spent in climbing up the tedious steps of Preferment that way. He thought it more easy to fight, than talk himself into a Reputation. Active-Times, and a busy Warlike Princess, pointed him out the readiest way to the Temple of Honour. The Sword he judged, with Alexander, the quickest Instrument to untie all the Knots and tedious Obstacles of Greatness. Nor could he want Occasions enough to draw forth his Spirits into Action. France was engaged in a Civil-War; And the Queen, whether out of concern for the Protestants, or for Reason of State, to divert the Giant-Enemy the Spaniard, assisted the poor distressed Dutch. And the Spaniard by a Policy of the same nature, raises Rebellions in Ireland; which, like subterranean Fires, broke out over all that Kingdom at several times; When one Mac had in one place spent his Force, presently we hear of the eruption of another. This Fire was kept in to the end of her Reign, being maintained by that lasting fuel of Rebellion, and common pretext of change in Government, RELIGION: the Pope pretending the Kingdom belonged to St. Peter. 1569. Of his first Public Appearance Mr. Cambden hath given us this Account: The Queen though embroiled in a Rebellion at home of the Earl of Northumberland and Dacres in the North, yet failed not to relieve the Protestants in France, who were now brought into a distressed and almost desperate condition; she exhorted all the Protestant Princes to assist the Common-Cause, supplied the Queen of Navarre with Money, taking Jewels in pawn; Permitted Henry Champernoun to carry into France a Troop of Gentlemen-Volunteers, who were resolved to make good the Motto their Colours bore, Finem det nobis Virtus. Among these Sir Walter engaged himself, though (as Mr. Cambden goes on) very young, and now first beginning to be of any note. So soon the early blossoms of his Valour began to appear, which afterwards grew up to an exact ripeness and perfection. France was the first School, wherein he learned the Rudiments of War; and the Low-Countries and Ireland (the Military Academies of those Times) made him Master of that Discipline; for in both places he exposed himself afterwards to Land-Service: But their slender Pay discouraged him from staying long in either. The Service of Ireland especially, scarce supplying the necessities of a Military Life. Being restless and impatient of a narrow and low Condition, and his Services being not so successful as his Hopes were great, and his Merits not answered with a Fortune strong enough to buoy up his Reputation, he was resolved to leave no stone unturned, nor any Method of living unexperimented. And since his Land-Expeditions could make no Additions to his Fortunes, Novelty, and a desire of putting himself into a better capacity, urged him to a Sea-Voyage. At both Sea and Land he was the true Pattern of Industry; and if any Man ever managed Necessity to its furthest Improvements, it was Herald No expert Soldier or Mariner escaped his Acquaintance or Inquiries; nothing that related to the Arts of War and Navigation missed his perusal: and one who was Master of those parts he enjoyed, could with no great difficulty make those Arts his own. Add to this the Methods he used to improve himself: He slept but five hours; four he spent in reading and mastering the best Authors, two in a select Conversation and an Inquisitive Discourse, the rest in Business. He underwent all the labours that attend a Soldier, and fared as the meanest. No common Mariner took more pains, or hazarded more in the most difficult Attempts. What his Sea-Voyages produced Histories are silent in; but not long after his return I find him got again into Ireland, appearing with his own Colours flying in the Field, 1580. under the command of the Lord Grey, who succeeded Pelham in the Deputyship of that Kingdom. He had not been long there, before a Quarrel was raised between the Lord-Deputy and our Captain, (for with that Title he went into Ireland) which being complained of to a Council of War, was referred to the Council-Table in England. Our Historians would make the Lord Grey's Cause the fairest; but Justice, and the Result of the Council, gave Raleigh the Victory. What were the occasions of this Quarrel our Annals slip over, and have only left a large Field for Conjecture to tyre itself in. Whether an eager pursuit after Honour, without exact obedience to Military-Command, occasioned by a restless desire of doing something Great, or what ever else it might be, we leave the Reader to fancy: However if his Cause had not been good, no Apology, how well soever managed, could have bribed the Judgement of so wise a Council, wholly strangers to his Worth and Person. About this time Author's place the Aera of his Rise, but cannot well agree about the occasion of it. Some would have Leicester to be the chief Agent in it, and that he related the whole business at Council to the Queen with no little advantage to our Captain. Not so much probably out of respect to Raleigh, as to his own Interest. For Favourites, like their Princes, seldom espouse any Cause upon any other ground than what advances or stands with their own Designs. His own Designs indeed on the Queen were blasted, and finding the burden and envy of a Statesman too heavy for his aged shoulders, he was willing handsomely to impart them to a more active Genius. Though great Favourites seldom admit of a Partner, till Age makes them willing to withdraw, and leave the trouble of Business to more sprightly years. They care not to have new Plants set, till themselves are almost withered and sapless. Others would have his Rise attributed to Sussex, who brought him to Court to outshine Leicester, and eclipse the splendour of his Enemy. But what was the strongest Argument and only Persuasive with the Queen was his Merits▪ which she soon saw, and presently encouraged. Nor must I here pass by one small step to his future Height, which our Chronicles have overlooked, as below the Pen of an Historian, though some have judged an Account of some little transactions the best Inlets to Truth and Mysteries of State. The occasion was thus: Our Captain coming over out of Ireland upon the aforementioned Cause to Court, in very good habit, (which it seems was the greatest part of his Estate) which is often found to be no mean Introducer where Deserts are not known, found the Queen walking, till she was stopped by a plashy-place which she scrupled treading on; presently he spread his new Plush-Coat on the Ground, on which the Queen gently trod, being not a little pleased, as well as surprised with so unexpected a Compliment. Thus, as one remarks upon this Story, Fuller's Worthies An Advantageous Admission into the first Notices of a Prince, is more than half a degree to Preferment. For he presently after found some gracious Beams of Favour reflecting on him, which he was resolved, and well knew how to cherish and contract. To put the Queen in remembrance, he wrote in a Window obvious to her Eye, Feign would I climb, yet fear I to fall. Which her Majesty either espying, or being shown, under-wrote this Answer, If thy heart fail thee, climb not at all. But his aspiring Soul could not rest in the lower, though safer way of living; He could not be mean, whose Resolutions were so great, and whose Prudence and Activity made him capable of the highest Preferments. Inspired with a restless and ambitious Genius, he designed nothing but what was extreme; and had rather not be, than not be one of the most Eminent. And to the greatest height probably he had arrived, had he lived in any other Princes Reigns than that of Queen Elizabeth and King James; the former being not overhasty to raise any to any great Honour, and the latter not caring for Men of War and Blood. Raleigh was so towardly an Apprentice in the Court-Trade, that he soon set up for himself, and would have improved this stock of Favour to a great advantage, had he not lost by those common Enemies to it, Envy and Jealousy. In a short time he is become a Minion, obtains the Queen's Ear, is often consulted, and nothing done without him. Her Favour and his Parts began to alarm his Rivals, who like some envious Neighbours will not easily permit any Fabric to stand long that hinders their own Prospect. Jealous Favourites, like wise Planters, will not suffer the Under-Wood to rise, which may obstruct the growth of taller Trees. Leicester began to repent his choice of his Creature, and thought he grew too fast in his Mistress' Favour. To stop the current of her Affection, he privately endeavours to undermine his Esteem, and introduce a new Favourite that might be his Rival. To bring about this Design, Leicester thought there would be nothing wanting, if by Raleighs absence he could have opportunity to introduce the Earl of Essex; nor did he long expect before one offered itself: for the Queen being willing to encourage Raleigh, (who, as Mr. Cambden is pleased to tell us, was never sufficiently to be commended for the great pains he took to discover remote Countries, and to advance the Glory of the English Navigation and Trade) sent him on a Voyage to Sea. Nor did he make a vain and fruitless one; for at his Return he brought news of a new Country, discovered by him in the Year 1584., called in honour of the Queen Virginia, before called Wingandacoa by the barbarous Inhabitants. A Country that hath been since of no inconsiderable Profit to our Nation. But though Patents were granted to him to settle a Plantation there, it grew not famous till the Reign of King James: Wherein this Nation quickly found out the Excellency and Fruitfulness of the Place, so agreeable to our English Bodies, and profitable to the Exchequer. Nature there is prodigal, and makes amends for her parsimony to other parts of the World. An Acre there yieldeth often forty Bushels of Corn; and, which is more strange, there being three Harvests in a Year: For, their Corn is sowed, ripe, and cut down in little more than two Months. For this, and other beneficial Expeditions and Designs, 1584. this Year her Majesty was pleased to confer on him the honour of Knighthood, which in her Reign was more esteemed than in her Successors. The Queen keeping the Temple of Honour close shut, and never opened but to Virtue and Desert. Nor was she indeed ever hasty to reward; for she seldom paid in any other Coin than Patents and good Words. So that the greatest number of those who might pretend to Favour, were the Architects of their own Fortunes, and had little or no Encouragement from her, more than that of a Spectator, who praises the Workmanship, and commends the handsome Contrivances of a Building, but is at no part of the Expenses of raising it. Hence our Sir Walter's Rewards are quickly enumerated, for he got nothing after all his Exploits and Designs, but the Wardenship of the Stanneries, Command of the Guard, and the Government of jersey and Virginia; Places of no very great Profit, nor answerable to his Worth, or just Ambition. 1588. In 1588., the grand Clymacterick of Spain, (for Bodies Politic have their Critical Times) I find Sir Walter by his Example encouraging others of the Gentry to set out Ships at their proper Charges, and by his admirable Conduct and Courage to put them to the best use. Which hired Ships were Actors of no small use in that fatal Blow given to the Invincible Armada. Three Years this Giant had been growing to that portentous Greatness, with infinite Expenses and Industry; but was beaten, ruin'd, and dishonourably overthrown in less than a Month's space: the Spaniards finding that our Ships as well as the Heavens could fight against them. But this Shock, like some Ague-fit, was easily recovered, and in a short time after the Spaniards began to renew their former Designs. For in the Parliament which began Febr. 19 1592., 1592. I find Sir Walter Raleigh informing the House, that the Queen could not without Subsidies prevent the eminent dangers threatened from the Spaniard. Of which Subsidies he spoke (as he protested) not only to please the Queen, to whom he was infinitely obliged, but for the necessity he both saw and knew; He told them, he very well discovered the great Strength of the King of Spain; and to show his Mightiness, he informed the House how he possessed all the World. And that his Malice and ill purposes against this Realm might be evident, he showed how on every side he had beleaguered us; In Denmark, the King being young, he had corrupted the Council and Nobility; so it was very likely he would speed himself of Ships from thence. In the Maritime Towns of the Low-Countries, and in Norway he hath laid in great store of Shipping. In France he hath the Parliament-Towns at command; In Britanny he hath all the best Havens; and in Scotland he hath corrupted the Nobility, and promised them Forces to assist the Papists, and that they were ready to join with any Foreign-Aids, that would make them strong enough to be by themselves, and to resist others; for, as he thought, there were not six Gentlemen of that Country of one Religion. In his own Country there are all possible Preparations making, and he is coming with sixty Galleys besides other Shipping. If our Subsidies are not sudden, he may with ease invade us riding at Anchor; but all will be little enough to withstand him. At his coming he fully resolveth to get Plymouth, or at least to possess some of the Havens this Summer within our Land. And Plymouth is in most danger; for no Ordnance can be carried thither to remove him, the Passages will not give leave. Now the way to defeat him, is to send a Royal Army and supplant him in Britanny, and to possess ourselves there; and to send a strong Navy to Sea, and to lie with it on the Cape, and at Lambuck; to which places come all his Ships with Riches from all places, and there they may set upon all that come. What success this Speech alone had I know not, but the Subsidy was granted with the general Consent of the House, to carry on the War against Spain. His Expedition a little after demonstrates that the Queen took his Advice, which was to afflict the Spaniards at a distance; and whilst she could not handsomely assault his more neighbourly and guarded parts, to disturb those that were more naked and further off, his Indies. The Moneys brought from thence being the Nerves and Sinews of his Power, and the chiefest Incendiary in the Irish Rebellion, which if handsomely stopped, would put an end to his Greatness, and humble the Mighty Monarch. That he might not want an opportunity to show his Valour and Conduct in this Affair, the Queen sends him to Sea to manifest both; thinking none more fit to be employed in a Business, than the Person that counselled and started it; having the Courage of a Soldier to put in execution the sober Advices of the Gown-man. To America he is sent with 15 Men of War to possess himself of Panama, where the Spaniards ship their Riches, or to intercept them in their passage homewards. But he found more Encouragement from the willingness of the Seamen than from the Winds, which held the Ships in their Havens for three Months: A Circumstance which put an ill look upon the Enterprise, and had almost made it vain. But nothing could allay the Courage of the Seamen, who were buoyed up with the hopes of Prey, and the success of their Commander. Having set sail at last, they got beyond the Spanish Cape, called the Landsend, where they met with unwelcome Intelligence, viz. That by express command from his Catholic Majesty no Ship was to stir from the West-Indies that Year. Together with this News, instead of meeting with the longed-for Enemy, they were attacked with a more invincible one, a furious Tempest, which dispersed and disordered the Fleet, and sunk their Ship-Boats. Thus being on all sides assaulted with Tempests, Disasters, and the worse news of the Spaniards stay in the other World, he thought the Heavens had dashed his Designs, and rendered a well-ordered Contrivance abortive. Upon which at first he intended to make for home with the whole Fleet; but another Project offered itself after second thoughts, of dividing the Navy into two Squadrons, from the hope that though while together they had been successless, yet Fortune might offer to them when separated something worthy their patience and desires. Immediately one Squadron is committed to the Conduct of Sir john Burroughs, Son to the Lord Burroughs; the other to Sir Martin Forbisher, with their respective Commissions. Sir Martin's charge was to lie off and on the Coast of Spain, to hinder the coming in of their Vessels. Sir John's to wait at the Azores for the coming of the Caracks out of the East-Indies. Sir Walter was much blamed for this Action, and thought short in his Politics, in giving over the hopeful part of the Design to Sir john Burroughs, and retiring himself to Court. But the Success was the only Argument of his Oversight, and nothing but the Event could charge him with Imprudence. The Division of the Fleet proved a wise Design, and amazed the Spaniard. For while the Spanish Admiral eyed Forbisher, the mighty Caracks were unregarded, and left to the mercy of Burrough's Men of War as an easy Prey. Who having according to Order arrived at Sancta Cruse, a small Town in the Isle of Azores, a little after got sight of a Portugal Merchantman, (briskly pursued by a Privateer of the Earl of Cumberland's) but could not reach her, an unhappy Calm keeping him at too far a distance. But a more welcome Storm arising in the night, forced both to weigh Anchor. Assoon as day appeared, the Portuguees was unlading as fast as she could at Flores, and upon the approach of the English fired their Carack: But though their Designs were ruined as to that Ship, yet the news they got from some Prisoners taken, gave them fresh hopes, and heartened them with the Information, that several other Merchantmen were behind coming for Spain. This put Sir john Burroughs upon placing his Men of War at several distances, to reach as far about as was possible. But they had not long waited, before their diligence was rewarded with the surprisal of a large Vessel, called The Mother of God, which was 165 foot long from Head to Stern, and seven Decks high, laden with Goods to the value of 150000 l. English, besides what the Seamen privately took for their own use. Sir Walter having now deserted his Naval Employ, and become again a Courtier, it was not long before he was seized with the idle Court-Disease of Love, the unfortunate occasion of the worst Action of his whole Life. For in the Year 1595, 1595. I find him under a Cloud, banished the Court, and his Mistresses Favour withdrawn, for devirginating a Maid of Honour. But why for this one Action he should lie under the imputation of an Atheist, and from a single crime get the denomination of a Debauch, is the Logic of none but the Vulgar. By the same reason the other Favourites of those Times (Leicester, Cecil, and Essex) bid as fair for those titles, the latter making the Parallel good in this Vice with his successor Buckingham, though in other Circumstances there was a great disparity. Neither ever was it accounted any great Crime in the Orb of Courts. But to stop the Mouth of Fame, which is always open on such occasions, and to wipe out the Infamy of the Fact, he was shortly after married to the Object of his Love, the deflowered Lady. And to get Reputation among the People, who always were unjust to him in their sentiments, he put himself on a Voyage to Guiana, for the Improvement and Honour of his Country. Having therefore obtained his Liberty, (for, for this Action he was imprisoned some months) and finding all things with an unpleasant Aspect, he followed his Genius of discovering New Places, and tracing Nature in her more retired and hidden Paths; thinking that Absence, and a Fortunate Voyage, might reinvest him in his Mistress' thoughts, and merit a new Esteem. Guiana had been talked of much by the Spaniards as an excellent Country, and for one Commodity the Spaniards had a great reverence for, very famous, GOLD, which put Sir Walter upon the Attempt, judging it besides a place (if mastered) very convenient for its situation to annoy and disturb the Spaniards American Traffic, and would be no little help in building his Fortunes, and what was more estimable, place him in his Mistresses Favour again. From Plymouth he set sail on the sixth of February, and on the 22d of March arrived at the Isle of Trinidado, eight degrees on this side the Equinoctial-Line; where he soon made himself Master of St. Joseph's, a small City; and, which was more considerable, of the Governor Antonio Bereo, from whom he got the best account of those Parts, and its Trade. Leaving his Ship at Trinidado, with some Pinnaces and an hundred Men, and the small stock of Knowledge he obtained of Bereo, he made up the great River Ormus, in search of Guiana. What he found, saw, and performed there, his most Ingenuous History of those Parts may satisfy the Curious. In his Return he fired Cumana, because the Inhabitants would not redeem it with Money; besides several Cottages at St. Mary's, and Rio de la Hach. Neither did he desist in this Design of Guiana, for once or twice Mr. Cambden tells us afterwards he prosecuted it with vast Expenses, although the Spaniards had placed a Colony at Trinidado to hinder his further Attempts. Whilst Sir Walter is searching for a new World, Hawkins and Drake are attempting fresh Things in those parts of America which the Spaniards were already possessed of. But their old Fortune had left them, and the unhappiness of the Action put an end to their Lives; 1596. In the Year 1596 both died with Grief, and bequeathed their Hatred of the Spaniard to Sir Walter Raleigh to revenge their Quarrel. Who this Year returned, being satisfied with his Expedition, and much more with the Reception he found at Court. The Storm was blown over, and his Mistress' Brow was more smooth than at his departure; after his Eclipse he shone brighter at Court, and the Death of those two famous Seamen, put them upon courting Sir Walter, whom the necessity of State forced them to cherish and encourage. It's strange, that what was Essex's Ruin should confirm Sir Walter in Favour, frequent Absence from his Mistress. But Sir Walter's Obsequiousness worked much upon the humour of the Queen, who loved Pliantness, and exact Obedience, which Essex could not always counterfeit. The Spaniard being encouraged with the possession of Cales, from whence it was but a short cut over into England, the Death of Hawkins, and their former scourge, Drake, and the earnest Solicitations of the Irish, (who through her Reign had got the Itch of Rebellion, which was fed and maintained by the Spaniard, though they had been sufficiently blooded by the English;) And the Queen foreseeing a Storm gathering, thought 'twas the best way to scatter it before it grew too great, and came too near. She resolved therefore to begin with the Spaniard first, and fairly set on the Enemy in his own Ports. She speedily riggs a brave Fleet, consisting of 150 Ships, Manned by 6360 Soldiers, 1000 Volunteer-Gentlemen, 6772 Seamen. Robert Earl of Essex, and the Lord Howard were Commanders of equal Authority, having been both at an excessive charge in carrying on the War. To these were joined a Council of War, consisting of several eminent Seamen and Soldiers, among whom was our Sir Walter. The Fleet was divided into four Squadrons; the first commanded by the Lord Admiral Howard; the second by Essex; the third by Sir Thomas Howard; the fourth by Sir Walter Raleigh. In the beginning of june they set sail, and got to Gades the 20th: their Design being perfectly unknown, as well to their Enemies as their own Men. Essex heated with Youth, and an ambition of doing bravely, would have presently landed and assaulted the Enemy: but this heat was allayed and corrected by Sir Walter's Advice, who impugned all such rash Attempts. At last a fit Opportunity presented itself, and by all it was resolved to fight them. At which News the Earl threw up his Hat for joy. The Ebbing-Waters would not permit the great Ships to engage, the Shelves being of greater hazard than the Enemy. Therefore Raleigh is pitched on as the most proper Person in the midst of the Channel to provoke them, who accordingly in a little Ship, called the Wastspight, directed his▪ Prow against the Spanish Men of War, who thereupon presently fell back. Upon this the rest of the Feet came in, and burnt and took several of their Ships. After this Victory at Sea, the Men were very importunate to go on shore, whom Essex landed at Puntal, a league from the City. At first the Spaniards received them with a great deal of Courage, but the English charged so warmly, that they thought it their prudentst way to retire with more speed than they came out. The English pursued so close that they had almost recovered the City-Gates as soon as they. The Earl got upon a Bulwark near the Gate, and from thence he espied an Entrance into the Town, but very hazardous, it being down a very steep Precipice: but this did not affright several of our English, who leaped from thence into the Town, and engaged the Enemy in the Streets. In the mean time Sir Walter and others having forced the Gates, entered the Town, and the Castle was surrendered upon Merciful Conditions. But Sir Walter was not idle, or eager after the enjoyment of his Conquest; for whilst others were reaping the plentiful Harvest of War, he with some small Ships who could pass up the Channel, fired their Merchantmen which were withdrawn to Portreal, althô they offered two millions of Ducats for their Redemption. Great were the Losses to the Spaniards by this War; and if we may believe our Histories, amounted to no less than Twenty Millions of Ducats. Upon Consultation it was resolved to quit the Town, though contrary to the Opinion of Essex, who was for keeping it, as a future Annoyance to the Spaniards. After this they took Faro in Algarbe; and being weary at last of their Victories, they resolved for home, though much against Essex's will, whose youthful heat was but inflamed by their Successes, but was wisely slacked by the Prudence of the Admiral, and the sober Advice of Sir Walter: who finding their Men sick, and having gotten so ample Rewards, were not again for hazarding their Fortune upon hopes of a future Prey. At their Return the Queen welcomed and encouraged her Soldiers with new Honours. All but Essex were pleased, who found State-Preferments not disposed of according to his mind. Vere was made Governor of the Briel, and Sir Robert Cecil Secretary of State. To recover their Losses at Gades, the Spaniard riggs out a new Fleet, which were baffled alone by the Winds; for the greatest part were cast away and wrecked. With the Relics of this Fleet, in the Year following I find him upon his old Designs of Ireland: But the Queen was always too nimble for the grave Don, whose Designs, like his Ships, moved slow and heavy. Twenty Ships were rigged out at present, 1597. and afterwards increased to an hundred and twenty Men of War and Victuallers; five thousand Men raised, besides a thousand old Soldiers brought from the Netherlands by Vere. To appease Essex, the whole Conduct of the Expedition is committed to him. The Navy was divided into three Squadrons; The first led by Essex himself; The second by Howard; The third by Sir Walter, who now was esteemed the ablest Seaman of his Age. To ennoble this Expedition, several Persons of quality of all sorts engaged themselves, who looked rather like Courtiers than Soldiers, being more adorned with Feathers and gay Clothes, than armed with Courage and Resolution. On the ninth of july they set out with these Instructions, viz. To steer to Farol and the Groin, to surprise the Spaniards in their Harbours, and to intercept their Indian Fleet (the Bait of the War) at the Azores. Which Design was built upon very good Maxims of State: For it would hinder the Fleet intended against England; Their Merchantmen wanting Convoys, might be seized on; The Azores wone, (where the Indian Fleet always called for fresh Water in their Return); the Queen have the Dominion of the Seas, and the Spaniard be obliged to a Treatment of Peace. Essex gave out that he was resolved to sacrifice Himself and the Navy for his Country: But his brisk Resolutions were quickly daunted by a dismal Tempest, which astonished the Mariners themselves, and forced home our gaudy Volunteers, who thought no Enemy so terrible as a Tempest, and the severe motions of a Sea-sick stomach. Thus by this Contradiction of Heaven their Ships were torn▪ their Victuals spent, and they upon this Emergency forced to a Consultation what to do. Some were for laying aside the Farol and the Groin Attempts; others for a Voyage to the Azores, which was contradicted by Vere. So that at last Essex and Raleigh were pitched on to ride Post for Advice to the Queen. Essex talked to the Queen of strange Chimaeras; how that if he were permitted to have the Fleet, he would with ease fire the Spanish Navy, and perform many other bold Designs; about which the Queen cautioned him, and desired the whole Business should be managed as their joint discretion should prompt, and opportunity offer itself. But if it were possible, if any occasion courted them to it, they should fire the Ships in Farol Haven, and intercept what other Ships they could from the Indies; And upon all Occasions manifest their Conduct and Valour. With these Instructions they set sail again from Plymouth, (whither they were returned the seventeenth of August) but were separated by a Tempest near the Landsend. A cross Yard in Raleighs Ship was broken by the impetuousness of the Storm, and fell, which forced him to stay behind to make it good; And having been falsely informed that the Spanish Fleet was bound for the Azores, after having repaired his Ship, he steered his course thitherwards. In the mean time Essex's Jealousy, and the pernicious Insinuations of Raleighs Enemies, had wrought him into a belief that this Division of the Navy was on purpose laid and fore-designed by Raleigh: But however the business was put up at his Arrival, and Essex welcomed him, making an Apology for acquainting the Queen with the Division falsely represented, and built (as it appeared) on wrong suppositions. Here wanting Water, Sir Walter landed without leave, and scarce had taken in Water before he received Orders immediately to follow Essex to Fayal, whither he repaired: but not finding Essex there according to his Order, he spent his time in taking an exact survey of the Haven, and of the People there, who from the fear and apprehension of what followed, were hastily packing away their Goods. This fair Opportunity, upon Consultation, puts him upon taking the Town, and egged on the Soldiers in hopes of an ample Prey. Sir Gilly Merrick (one of Essex his Creatures) dissuaded Sir Walter from the Design, alleging it would rob the Earl of the Honour of taking it, and so confirm him his Enemy. But Sir Walter's desire of Glory, and the Soldier's Avarice, urged him (after he had stayed some time for Essex's Arrival) to the Assault of the Place, which was at last taken. The next day after this Exploit Essex arrived at Fayal, where he was quickly informed of what Raleigh had done, and that the whole Business was transacted with no other design than to rob him of the Glory, which his Jealousy made him easily believe. Some persuaded the Earl to try Sir Walter by a Council of War, and Cashier him; others without more ado would have him put to Death, for landing without Orders: At last some of Raleighs Officers were Cashiered, He himself frowned on, and severely reproved by Essex. But he never wanted an Apology for his Ambition; instancing that he was not obliged to the Orders the inferior Officers and Soldiers were; that the Commission did not reach Him, being one of the three Generals; Moreover, that he stayed for him four days; and that he was necessitated at last to land, being in extreme want of Water, which was not to be had without fight. However, the Lord Howard became his Mediator, and persuaded him to an honourable submission; which was performed, and accepted of; and thereupon both himself, and the cashiered Officers and Soldiers were again admitted into favour. But this was only laying their Passions asleep awhile, which in the sequel of our story were again awakened. I cannot here omit a speech of the Earls upon this occasion, (which Sir Henry Wotten calls a Noble Word) who being urged to put Sir Walter on Martial Law: That I would do, said he, if he were my Friend. However, this Expedition was not so glorious and great as at first they hoped it might have been. For after burning the Town, and taking Flores, Gratiosa, and Villa Franca in St. Michael's, with three American Spanish Ships, together with the burning of a Carack, they came home much torn, leaky, and weatherbeaten about the end of October. This Expedition was commented on variously by the People, who were strangely carried on with a blind Passion for Essex, and so very prone to misconstrue Raleighs Actions, from a Prejudice they had entertained, that because he was not Essex's friend, he must be an enemy to his Country. However, the Queen looked on him with another eye, and he grew faster in her favour than his Rival, who from this time began rather to decline, by a fault Sir Walter was afterwards guilty of, Insatiable Ambition; a Principle that put him on those Practices which brought him afterwards to the Block. Essex was incensed that Sir Robert Cecil, Raleighs Friend, was preferred in his absence. And because the Earl's Concerns are woven amongst Sir walter's, it will not be impertinent to give some Account of him here. Essex was arrived to the height of Favour, and might have stayed there, had he taken his Measures aright; had he owned an Obsequiousness to the Queen, or been Master of the great Requisite in a Courtier, Dissimulation; but it was a part of his Character to be a great Resenter, and a weak Dissembler of the least Disgrace. His Ireland Transactions were ill construed, and his Miscarriages nicely dissected by the curious Eyes of those State-Anatomists, the Lord-Treasurer Buckhurst, the Lord-Admiral Nottingham, and his mortal Enemy Secretary Cecil, who began to remove him out of that Favour he had long possessed. But it was true, as the Earl of Clarendon has observed, That though he was Rivalled by a strong and subtle Faction, which cared, consulted for his Ruin; yet the Danger was thus allayed, that they were all his public and professed Enemies, and so known to the Queen, that they durst never impertinently urge aught against him, since they were sure that Malice was concluded, when the Reason of their Objection haply might not be considered. However, in 1601 the Earl drew near his Ruin: for being hurried on by Cuffs ill Counsel, and his own Discontents, he projects new Plots against the State, and tampers with the King of Scots to remove his Enemies at Court by force, informing him that the Power of the Nation lay in their hands, Raleigh being Governor of jersey, etc. and other of his Enemies having the strength of the Nation at their command. And vainly presuming upon the Love of the Citizens, he projects to seize the Court, and secure Raleigh, as the most considerable Enemy he had. Of which Designs Gorges informs Sir Walter. The better to carry on his designs, Essex goes into London, where he endeavoured to excite the Citizens to an Insurrection: But the City then being Rich, was not so apt to rebel; Rebellion being usually the Daughter of Poverty and Discontent. For these Treasonable Actions, being found guilty, he was condemned and executed. That he died bravely and like a Gentleman, is not to be questioned; but that Sir Walter Raleigh should come openly to see him die, on purpose only to fat his Eyes with the Sacrifice of his Enemy, can never be granted, if we may believe himself in the same circumstances on the Scaffold, where he told his Auditors on the words of a Dying-man, he only came there to defend himself if any thing had been urged against him by the Earl. Thus ended that Favourite, whose Death struck a damp on the Queen's prosperous days, and gave blackness to her declining Reign. This Blow, like that of Gunpowder, not only blew up his Friends and Neighbours, but shook his Enemies at a distance; for it reached Sir Walter too, who wanting strength to grapple with his Rival the Treasurer, and not owning humility enough to be his Servant, perished at last in the Encounter. This himself presaged (if we may believe Osborn) as he came from the Execution of Essex, in a Boat, when he was heard to say, That it was more safe to have many Enemies at Court of equal power, than one false and ambitious Friend who hath attained to the absoluteness of Command. The Queen could not long survive her Favourite; for I find her Death to be the next year following. A Queen who had enriched the Nation, reformed Religion, curbed the Pride of Spain, supported France, preserved Scotland, protected the Hollander against the Spaniard, and had vanquished his Armies by Sea and Land, reduced Ireland to obedience notwithstanding all the subtle Practices of Spain, and open Assistance given in Arms to her Irish Rebels; with many other things, which might seem too much to be the Achievements of one Reign. 1602 King James her Successor came to the possession of a Kingdom arrived at the height of Prosperity, which like other Bodies when they are at their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tend to Corruption, and degenerate. This Sir Walter perceived, & would have (as he thought) remedied. Sir john Fortescue, the Lord Cobham, Sir Walter, and others, would have obliged the King by Articles before his coming to the Crown, that his countrymen's number should be limited: But this was stopped by the prudent Treasurer, and the bold Northumberland. Sir Walter feared that the Scots, like Locusts, would quickly devour this Kingdom; it being probable that (like the Goths and Vandals) they would settle in any Country rather than their own, and would make it their business to render our Nation as poor as their own: for this, he, with the rest of them, was afterwards frowned on by the King, and lost his Command of the Guards. However, Sir Walter still pursued the Good and Glory of his Country; and as formerly in Active Times, gave his Advice against the Peace with Spain, which might now with no great difficulty be brought on its knees. At the entrance of the King he presented him with a Manuscript of his own writing, with no weak Arguments against the Peace. But Sir Walter was mistaken; for his Counsel was ill timed, and a new Part was now to be acted, the Scene being changed. Peace was the King's Aim, whether out of Fear, or Religious Principles I determine not. But with Spain a Peace is concluded, with an Enemy already humbled, who now had time given them to recover their former Losses, and were as it were cherished to assault us with the greater vigour: which how true it proved every Man can tell. And as if the King would quite run counter to the Queen's Politics, the Estates of the Netherlands are despised, slighted, and deserted, under pretence that it were of ill example for a Monarch to protect them. The King is hardly warm in his Throne, but there is a great noise of a Plot, generally called Sir Walter Raleighs Treason; but upon what Grounds I know not, since he had the least hand in it, as by his Trial will appear. A Plot that is still a Mystery, and hath a Veil spread over it; A Plot composed of such a Hodg-podg of Religion and Interests, that the World stands amazed Sir Walter Raleigh should ever be drawn into it; A Plot so unlikely to hurt others, or benefit themselves, that as Osborn tells us, If ever Folly was capable of the title, or Pity due to Innocence, theirs might claim so large a share, as not possibly to be too severely condemned, or slightly enough punished. Envy and Disdain, as Sir Walter has told us in his Remains, seek Innovation by Faction. Discontent is the great Seducer, which at first put him to search into a Plot, he afterwards was betrayed into. The chief Ingredients in this Medley were two Priests, Watson and Clerk, and Count Arembergh, Ambassador Extraordinary for the Archduke, who brought in Cobham, and he his Brother George Brook, both Protestants, at least seeming so; George Brook hooked in Parham and others, and they the Lord Grey of Wilton, a rank Puritan; then came in Sir Walter, the wisest of them all according to Sanderson, who as he tells us, dallied like a Fly in the flame till it consumed him. Willing he was to know it, and thought by his Wit to overreach the Confederates, whom he knew well enough, though he dealt with none but Cobham, as I can find out. One Mr. Lawrency an Antwerp-Merchant, was the property made use of by Arembergh, and a Crony of the Lord Cobham's. These carried on the Contrivance a long while, which (as Sanderson tells us) was betrayed by Lawrency, and the vigilancy of Cecil. And indeed it was morally impossible that so many disagreeing weak Souls should carry on a Project without taking Air; the least glimpse being enough to give light to the Statesmen of those times. Their Designs were, 1. To set the Crown on the Lady Arabella; or to seize the King, and make him grant their Desires, and a Pardon. 2. To have a Toleration of Religion. 3. To procure Aid and Assistance from Foreign Princes. 4. To turn out of the Court such as they disliked, and place themselves in Offices. Watson to be Lord-Chancellor. George Brook Lord-Treasurer. Sir Griffin Markham Secretary of State. Lord Grey Master of the Horse, and Earl-Marshal of England. But it seems they made no provision for Sir Walter; which is no inconsiderable Argument of his Innocency, who could have deserved, and might have expected as great a Reward as any of them, had he been engaged in the Plot. To oblige to Secrecy, Watson draws up an Oath. But all is betrayed; they are seized, examined, and tried. How well or ill Sir Walter has acquitted himself, we shall leave to the Opinion of the Readers of the following TRIAL, which was exactly and faithfully taken. THE ARRAIGNMENT OF Sir Walter Raleigh, Knight. AT Winton, Thursday the 17th of November, Anno Dom. 1603, before the Right Honourable, The Earl of Suffolk, Lord Chamberlain. Earl of Devon. Lord Henry Howard. Lord Cecil, Earl of Salisbury. Lord Wotton. Sir john Stanhope, Vice-Chamberlain. Lord Chief-Justice of England, Popham. Lord Chief-Justice of the Common-Pleas, Anderson. Justice Gaudie. Justice Warburton, and Sir William Wade Commissioners. First, The Commission of Oyer and Terminer was read by the Clerk of the Crown-Office; and the Prisoner bid hold up his Hand. And then presently the INDICTMENT was in effect as followeth: THat he did Conspire, and go about to deprive the King of his Government; to raise up Sedition within the Realm; to alter Religion, to bring in the Roman Superstition, and to procure Foreign Enemies to invade the Kingdoms. That the Lord Cobham, the ninth of June last, did meet with the said Sir Walter Raleigh in Durham-House, in the Parish of St. Martin's in the Fields, and then and there had Conference with him, how to advance Arabella Stuart to the Crown and Royal Throne of this Kingdom; and that then and there it was agreed, that Cobham should treat with Aremberg, Ambassador from the Archduke of Austria, to obtain of him 600000 Crowns, to bring to pass their intended Treasons. It was agreed that Cobham should go to the Archduke Albert, to procure him to advance the pretended Title of Arabella: from thence knowing that Albert had not sufficient means to maintain his own Army in the Low-Countries, Cobham should go to Spain to procure the King to assist and further her pretended Title. It was agreed, the better to effect all this Conspiracy, that Arabella should write three Letters, one to the Archduke, another to the King of Spain, and a third to the Duke of Savoy, and promise three things: First, to establish firm Peace between England and Spain. Secondly, To tolerate the Popish and Roman Superstition. Thirdly, To be ruled by them in contracting of her Marriage. And for the effecting these Traitorous Purposes, Cobham should return by the Isle of Jersey, and should find Sir Walter Raleigh Captain of the said Isle there, and take Counsel of Raleigh for the distributing of the aforesaid Crowns, as the Occasion or Discontentment of the Subjects should give cause and way. And further, That Cobham and his Brother Brook met on the 9th of June last, and Cobham told Brook all these Treasons: To the which Treasons Brook gave his Assent, and did join himself to all these; and after on the Thursday following, Cobham and Brook did speak these words: That there would never be a good World in England, till the King (meaning our Sovereign Lord) and his Cubs (meaning his Royal Issue) were taken away. And the more to disable and deprive the King of his Crown, and to confirm the said Cobham in his Intents, Raleigh did publish a Book, falsely written against the most just and Royal Title of the King, knowing the said Book to be written against the just Title of the King; which Book Cobham after that received of him. Further, for the better effecting these Traitorous Purposes, and to establish the said Brook in his Intent, the said Cobham did deliver the said Book unto him the 14th of June. And further, the said Cobham, on the 16th of June, for accomplishment of the said Conference, and by the traitorous Instigation of Raleigh, did move Brook to incite Arabella to write to the three forenamed Princes, to procure them to advance her Title; and that she, after she had obtained the Crown, should promise to perform three things, viz. Peace between England and Spain. 2. To tolerate with impunity the Popish and Roman Superstitions. 3. To be ruled by them three in the contracting of her Marriage. To these Motions the said Brook gave his Assent. And for the better effecting of the said Treasons, Cobham on the seventeenth of June, by the Instigation of Raleigh, did write Letters to Count Aremberg, and did deliver the said Letters to one Matthew de Lawrency, to be delivered to the said Count: which he did deliver for the obtaining of the 600000 Crowns; which Money by other Letters Count Aremberg did promise to perform the payment of; and this Letter Cobham received the eighteenth of June. And then did Cobham promise to Raleigh, that when he had received the said Money, he would deliver 8000 Crowns to him: to which motion he did consent; and afterwards Cobham offered Brook, that after he should receive the said Crowns, he would give to him 10000 thereof; to which Motion Brook did assent. To the Indictment Sir Walter Raleigh pleaded Not Guilty. The JURY. Sir Ralph Conisby, Knights. Sir Thomas Fowler, Knights. Sir Edward Peacock, Knights. Sir William Rowe, Knights. Henry Goodyer, Esquires. Roger Wood, Esquires. Thomas Walker, Esquires. Thomas Whitby, Esquires. Thomas Highgate, Gentlemen. Robert Kempthon, Gentlemen. john Chawkey, Gentlemen. Robert Brumley, Gentlemen. Sir Walter Raleigh Prisoner, was asked, whether he would take Exceptions to any of the Jury? Raleigh. I know none of them; they are all Christians, and honest Gentlemen, I except against none. E. Suff. You Gentlemen of the King's Learned Counsel, follow the same course as you did the other day. Raleigh. My Lord, I pray you I may answer the Points particularly as they are delivered, by reason of the weakness of my memory and sickness. Popham, Chief justice. After the King's Learned Counsel have delivered all the Evidence, Sir Walter, you may answer particularly to what you will. Heale, the King's Sergeant at Law. You have heard of Raleighs bloody Attempts to kill the King and his Royal Progeny, and in place thereof to advance one Arabella Stuart: The particulars of the Indictment are these. First, That Raleigh met with Cobham the ninth of june, and had Conference of an Invasion, of a Rebellion, and an Insurrection, to be made by the King's Subjects, to depose the King, and to kill his Children, poor Babes that never gave offence: Here is Blood, here is a new King and Governor. In our King consists all our Happiness, and the true use of the Gospel, a thing which we all wished to be settled after the death of the Queen. Here must be Money to do this, for Money is the Sinew of War. Where should that be had? Count Aremberg must procure it of Philip King of Spain, five or six hundred thousand Crowns, and out of this Sum Raleigh must have eight thousand. But what is that Count Aremberg? though I am no good Frenchman, yet it is as much as to say▪ in English, Earl of Aremberg. Then there must be Friends to effect this: Cobham must go to Albert Archduke of Austria, for whom Aremberg was Ambassador at that time in England. And what then▪ He must persuade the Duke to assist the pretended Title of Arabella. From thence Cobham must go to the King of Spain, and persuade him to assist the said Title. Since the Conquest there was never the like Treason. But out of whose Head came it? Out of Raleighs, who must also advise Cobham to use his Brother Brook to incite the Lady Arabella to write three several Letters, as aforesaid in the Indictment; all this was on the ninth of june. Then three days after Brook was acquainted with it: After this Cobham said to Brook, It will never be well in England till the King and his Cubs are taken away. Afterwards Raleigh delivered a Book to Cobham, treacherously written against the Title of the King. It appears that Cobham took Raleigh to be either a God, or an Idol. Cobham endeavours to set up a new King, or Governor. God forbid mine Eyes should ever see so unhappy a change. As for the Lady Arabella, she upon my Conscience hath no more title to the Crown than I have, which before God I utterly renounce. Cobham a Man bred in England, hath no experience abroad: but Raleigh, a Man of great Wit, Military, and a Swordman. Now whether these things were bred in a hollow Tree, I leave to them to speak of, who can speak far better than myself. And so sat him down again. Sir Edward Cook, the King's Attorney. I must first, my Lords, before I come to the Cause give one Caution, because we shall often mention Persons of eminent Places, some of them great Monarches: What ever we say of them, we shall but repeat what others have said of them; I mean the Capital Offenders in their Confessions: We professing Law, must speak reverently of Kings and Potentates. I perceive these honourable Lords, and the rest of this great Assembly, are come to hear what hath been scattered upon the Wrack of Report. We carry a just Mind, to condemn no man but upon plain Evidence. Here is Mischief, Mischief in summo Gradu, exorbitant Mischief. My Speech shall chiefly touch these three Points; Imitation, Supportation, and Defence. The Imitation of Evil ever exceeds the Precedent; as on the contrary Imitation of Good ever comes short. Mischief cannot be supported but by Mischief; yea, it will so multiply, that it will bring all to confusion. Mischief is ever underproped by Falsehood of foul Practices. And because all these things did concur in this Treason, you shall understand the Main, as before you did the Buy. The Treason of the Buy, consisteth in these Points: First, That the Lord Grey, Brook, Markham, and the rest, intended by Force in the Night to surprise the King's Court: which was a Rebellion in the Heart of the Realm, yea in the Heart of the Heart, in the Court. They intended to take him that is a Sovereign, to make him subject to their Power, purposing to open the Doors with Muskets and Calievers, and to take also the Prince and Council. Then under the King's Authority to carry the King to the Tower; and to make a Stale of the Admiral. When they had the King there, to extort three things from him: First, A Pardon for all their Treasons. Secondly, A Toleration of the Roman Superstition: Which, their Eyes shall sooner fall out than they shall ever see; for the King hath spoken these words in the hearing of many, I will lose the Crown, and my Life, before ever I will alter Religion. And, thirdly, To remove Counsellors: In the room of the Lord Chancellor, they would have placed one Watson a Priest, absurd in Humanity, and ignorant in Divinity. Brook, of whom I will speak nothing, Lord-Treasurer. The great Secretary must be Markbam, Oculus Patriae. A Hole must be found in my Lord Chief Justice's Coat. Grey must be Earl-Marshal, and Master of the Horse, because he would have a Table in the Court: marry, he would advance the Earl of Worcester to an higher Place. All this cannot be done without a Multitude. Therefore Watson the Priest tells a Resolute Man that the King was in danger of Puritans and Jesuits; so to bring him in blindfold into the Action, saying, that the King is no King till he be Crowned; therefore every Man might right his own Wrongs: but he is Rex natus, His Dignity descends as well as yours, my Lords. Then Watson imposeth a blasphemous Oath, That they should swear to defend the King's Person; to keep secret what was given them in charge, and seek all ways and means to advance the Catholic Religion. Then they intent to send for the Lord Mayor and the Aldermen, in the King's Name, to the Tower, lest they should make any Resistance, and then to take Hostages of them; and to enjoin them to provide for them Victuals and Munition. Grey, because the King removed before Midsummer, had a further reach, to get a company of Swordmen to assist the Action: Therefore he would stay till he had obtained a Regiment from Ostend, or Austria. So you see these Treasons were list Sampson's Foxes, which were joined in their Tails, though their Heads were severed. Raleigh. You Gentlemen of the Jury, I pray remember I am not charged with the Buy, being the Treason of the Priest. Attorney. You are not. My Lords, you shall observe three things in the Treasons: First, They had a Watchword (the King's safety) their Pretence was Bonum in se, their Intent was Malum in se. Secondly, They avouched Scripture; both the Priests had Scriptum est; perverting and ignorantly mistaking the Scriptures. Thirdly, They avouched the Common Law, to prove that he was no King till he was crowned; alleging a Statute of Eliz. 13. This, by way of Imitation, hath been the course of all Traitors. In the 20th of Edw. the 2 d, Isabella the Queen, and the Lord Mortimer, gave out, that the King's Person was not safe, for the good of the Church and Commonwealth. The Bishop of Carlisle did preach on this Text, My Head is grieved: meaning by the Head, the King; that when the Head began to be Negligent, the People might reform what is amiss. In the 3 d Hen. 4. Sir Roger Claringdon accompanied with two Priests, gave out, that Richard the Second was Alive, when he was Dead. Edward the 3 d caused Mortimers Head to be cut off, for giving counsel to murder the King. The 3. Hen 7. Sir Henry Stanley found the Crown in the Dust, and set it on the King's Head; when Fitzwater and Garret told him that Edward the 5 th' was alive, he said, If I be alive, I will assist him. But this cost him his Head. Edmond de la Pool, Duke of Suffolk, killed a Man in the Reign of King Henry the 7 th', for which the King would have him hold up his hand at the Bar, and then Pardoned him. Yet he took such an Offence thereat, that he sent to the Noblemen, to help to reform the Commonwealth; and then said, he would go to France, and get Power there. Sir Roger Compton knew all the Treason, and discovered Windon and others, that were Attainted. He said there was another thing that would be stood upon, namely, that they had but one Witness. Then he vouched one Appleyard's Case, a Traitor in Norfolk, who said a Man must have two Accusers. Helms was the Man that accused him; but Mr. Iust. Catlin said, that that that Statute was not in force at that day. His words were [Thrust her into the Ditch.] Then he went on speaking of Accusers, and made this difference: An Accuser is a speaker by Report, when a Witness is he that upon his Oath shall speak his knowledge of any Man. A third sort of Evidence there is likewise, and this is held more forcible than either of the other two; and that is, when a Man by his Accusation of another, shall by the same Accusation also condemn himself, and make himself liable to the same Fault and Punishment: this is more forcible than many Witnesses. So then so much by way of Imitation. Then he defined Treason; there is Treason in the Heart, in the Hand, in the Mouth, in Consummation: comparing that in Cord to the Root of a Tree; in Ore, to the Bud; in Manu, to the Blossom; and that which is in Consummatione, to the Fruit. Now I come to your Charge, you of the Jury. The greatness of Treason is to be considered in these two things, Determinatione finis, and Electione mediorum. This Treason excelleth in both, for that it was to destroy the King and his Progeny. These Treasons are said to be Crimen laesae Majestatis; this goeth further, and may be termed Crimen exterpandae Regiae Majestatis, & totius Progeniei suae. I shall not need, my Lords, to speak any thing concerning the King, nor of the Bounty and Sweetness of his Nature, whose Thoughts are Innocent, whose Words are full of Wisdom and Learning, and whose Works are full of Honour; although it be a true saying, Nunquam nimis quod nunquam satis. But to whom do you bear your Malice? to the Children? Raleigh, To whom speak you this? You tell me News I never heard of. Attorney. Oh Sir, do I? I will prove you the Notoriousest Traitor that ever came to the Bar. After you have taken away the King, you would alter Religion: as you, Sir Walter Raleigh, have followed them of the Buy in Imitation; for I will charge you with the words. Raleigh. Your words cannot condemn me, my Innocency is my Defence: Prove one of these things wherewith you have Charged me, and I will confess the whole Indictment, and that I am the horriblest Traitor that ever lived, and worthy to be Crucifi'd with a thousand thousand Torments. Attorney. Nay, I will prove all: Thou art a Monster, thou hast an English Face, but a Spanish Heart. Now you must have Money: Aremberg was no sooner in England (I Charge thee Raleigh) but thou incitedst Cobham to go unto him, and to deal with him for Money, to bestow on discontented Persons, to raise Rebellion on the Kingdom. Raleigh. Let me Answer for myself. Attorney. Thou shalt not. Raleigh. It concerneth my Life. Lord Chief justice Popham. Sir Walter Raleigh, Mr. Attorney is but yet in the General, but when the King's Counsel have given the Evidence wholly, you shall Answer every Particular. Attorney. Oh! do I touch you. Lord Cecil. Mr. Attorney, when you have done with this General Charge, do you not mean to let him answer to every Particular? Attorney. Yes, when we deliver the Proofs to be read. Raleigh procured Cobham to go to Aremberg, which he did by his Instigation: Raleigh supped with Cobham before he went to Aremberg; after Supper, Raleigh conducted him to Durham House; from whence Cobham went with Lawrency, a Servant of Aremberg's, unto him, and went in by a Backway. Cobham could never be quiet until he had entertained this Motion, for he had four Letters from Raleigh. Aremberg answered, the Money should be performed, but knew not to whom it should be distributed. Then Cobham & Lawrency came back to Durham House, where they found Raleigh. Cobham and Raleigh went up, and left Lawrency below, where they had secret Conference in a Gallery, and after Cobham and Lawrency departed from Raleigh. Your Jargon was Peace! What is that? Spanish Invasion, Scottish Subversion. And again, you are not a fit Man to take so much Money for procuring of a Lawful Peace, for Peace procured by Money is dishonourable. Then Cobham must go to Spain, and return by jersey, where you were Captain: And then because Cobham had not so much Policy, or at least Wickedness as you, he must have your advice for the distribution of the Money. Would you have deposed so good a King, lineally descended of Elizabeth, Eldest Daughter of Edward the 4 th'? why then must you set up another? I think you meant to make Arabella a Titular Queen, of whose Title I will speak nothing, but sure you meant to make her a Stale: Ah good Lady! you could mean her no good. Raleigh. You tell me News, Mr. Attorney. Attorney. Oh Sir! I am the more large, because I know with whom I deal: For we have to deal to day with a Man of Wit. Raleigh. Did I ever speak with this Lady? Attorney. I will tract you out before I have done: English-Men will not be led by persuasion of Words, but they must have Books to persuade. Raleigh. The Book was written by a Man of your Profession, Mr. Attorney. Attorney. I would not have you Impatient. Raleigh. Methinks you fall out with yourself, I say nothing. Attorney. By this Book you would persuade Men that he is not the Lawful King. Now let us consider some Circumstances: My Lords, you know my Lord Cobham (for whom we all Lament, and Rejoice; Lament in that his House, which hath stood so long unspotted, is now Ruinated; Rejoice, in that his Treasons are Revealed): he is neither Politician nor Swordman; Raleigh was both, united in the Cause with him, and therefore cause of his Destruction. Another Circumstance is the secret Contriving of it. Humphrey Stafford claimed Sanctuary for Treason. Raleigh in his Machivilian Policy hath made a Sanctuary for Treason. He must talk with none but Cobham, because (saith he) one Witness can never condemn me. For Brook said unto Sir Griffith Markham, Take heed how you do make my Lord Cobham acquainted; for whatsoever he knoweth, Raleigh the Witch will get it out of him. As soon as Raleigh was examined on one Point of Treason concerning my Lord Cobham, he wrote to him thus; I have been examined of you, and confessed nothing. Further you sent to him by your trusty Francis Kemish, that one Witness could not condemn; and therefore bade his Lordship be of good Courage. Came this out of Cobham's Quiver? No: But out of Raleighs Machivilian and Devilish Policy. Yea, but Cobham did retract it; Why then did you urge it? Now then see the most horrible Practices that ever came out of the bottomless Pit of the Lowest Hell. After that Raleigh had Intelligence that Cobham had Accused him, he endeavoured to have Intelligence from Cobham, which he had gotten by young Sir john Payton: But I think it was the Error of his Youth. Raleigh. The Lords told it me, or else I had not been sent to the Tower. Attorney. Thus Cobham by the Instigation of Raleigh, entered into these Actions: So that the Question will be, Whether you are not the principal Traitor, and he would nevertheless have entered into it? Why did Cobham retract all that same? First, because Raleigh was so Odious, he thought he should far the worse for his sake. Secondly, he thought thus with himself, If he be free, I shall clear myself the better. After this Cobham asked for a Preacher to Confer with, pretending to have Doctor Andrews; but indeed he meant not to have him, but Mr. Galloway; a Worthy and Reverend Preacher, who can do more with the King (as he said) than any other; that he, seeing his constant Denial, might inform the King thereof. Here he plays with the Preacher. If Raleigh could persuade the Lords, that Cobham had no Intent to travel, than he thought all should be well. Here is Forgery. In the Tower Cobham must write to Sir Thomas Vane, a worthy Man, that he meant not to go into Spain; which Lettter Raleigh devised in Cobham's Name. Raleigh. I will wash my hands of the Indictment, and die a true Man to the King. Attorney. You are the absolutest Traitor that ever was. Raleigh. Your Phrases will not prove it, Mr. Attorney. Attorney. Cobham writeth a Letter to my Lord Cecil, and doth will Mellis his Man, to lay it in a Spanish Bible, and to make as though he found it by chance. This was after he had Intelligence with this Viper, that he was false. Lord Cecil. You mean a Letter intended to me, I never had it. Attorney. No, my Lord, you had it not. You, my Masters of the Jury, respect not the Wickedness and Hatred of the Man, respect his Cause; if he be guilty, I know you will have care of it, for the Preservation of the King, the Continuance of the Gospel authorised, and the Good of us all. Raleigh. I do not hear yet, that you have spoken one word against me, here is no Treason of mine done: If my Lord Cobham be a Traitor, what is that to me? Attorney. All that he did was by thy Instigation, thou Viper; for I thou thee, thou Traitor. Raleigh. It becometh not a Man of Quality and Virtue, to call me so: But I take comfort in it, it is all you can do. Attorney. Have I angered you? Raleigh. I am in no Case to be angry. Popham. Sir Walter Raleigh, Mr. Attorney speaketh out of the Zeal of his Duty, for the Service of the King, and you for your Life; be valiant on both sides. Now they proceed to the Reading the Proofs. The Lord Cobham's Examination Read. He confesseth he had a Passport to go into Spain, intending to go to the Archduke to confer with him about these Practices; and because he knew the Archduke had not Money to pay his own Army, from thence he meant to go to Spain, to deal with the King for the 600000 Crowns, and to return by jersey, and that nothing should be done, until he had spoken with Sir Walter Raleigh for distribution of the Money, to them which were discontented in England. At the first beginning he breathed out Oaths and Exclamations against Raleigh, calling him Villain and Traitor; saying he had never entered into these Courses, but by his Instigation, and that he would never let him alone. Here Mr. Attorney willed the Clerk of the Crown Office to read over these last words again (he would never let him alone.) The Lord Cobham's Examination. Besides he spoke of Plots and Invasions: Of the Particulars whereof he could give no Account, though Raleigh and he had conferred of them. Further, he said, He was afraid of Raleigh, that when he should return by jersey, that he would have him and the Money to the King. Being Examined of Sir Arthur Gorge, he freed him, saying: They never durst trust him, but Sir Arthur Savage they intended to use, because they thought him a fit Man. Raleigh. Let me see the Accusation: This is absolutely all the Evidence can be brought against me; poor shifts! You Gentlemen of the Jury, I pray you understand this: This is that which must either condemn, or give me Life; which must free me, or send my Wife and Children to beg their Bread about the Streets. This is that must prove me a notorious Traitor, or a true Subject to the King. Let me see my Accusation, that I may make my Answer. Clerk of the Council. I did read it, and show you all the Examinations. Raleigh. At my first Examination at Windsor, my Lords asked me, what I knew of Cobham's Practice with Aremberg? I answered Negatively: And as concerning Arabella, I protest before God, I never heard one word of it. If that be proved, let me be guilty of ten thousand Treasons. It is a strange thing you will impute that to me, when I never heard so much as the Name of Arabella Stuart, but only the Name of Arabella. After being Examined, I told my Lords, that I thought my Lord Cobham had Conference with Aremberg, I suspected his Visiting of him: For after he departed from me at Durham House, I saw him pass by his own Stairs, and passed over to St. Marry Saviour's, where I knew Lawrency, a Merchant, and a Follower of Aremberg, lay, and therefore likely to go unto him. My Lord Cecil asked my Opinion concerning Lawrency; I said, that if you do not apprehend Lawrency, it is dangerous he will fly; if you do apprehend him, you shall give my Lord Cobham notice thereof. I was asked likewise, who was the greatest Man with my Lord Cobham? I answered, I knew no Man so great with him, as young Wyatt of Kent. Assoon as Cobham saw my Letter to have discovered his Dealing with Aremberg, in his Fury he accused me, but before he came to the Stair-foot he repented, and said he had done me wrong. When he came to the end of his Accusation, he added, That if he had brought this Money to Jersey, he feared that I would have delivered him and the Money to the King. Mr. Attorney, you said this never came out of Cobham's Quiver, he is a simple Man. Is he so simple? No: He hath a Disposition of his own, he will not easily be guided by others, but when he has once taken Head in a Matter, he is not easily drawn from it; he is no Babe. But it is strange for me to devise with Cobham, that he should go to Spain, to persuade the King to disburse so much Money, he being a Man of no Love in England, and I having resigned my room of chiefest Command, the Wardenship of the Stanneries: Is it not strange for me to make myself Robin Hood, or a Kett, or a Cade? I knowing England to be in better Estate to defend itself than ever it was. I knew Scotland United; Ireland Quieted, wherein of late our Forces were dispersed; Denmark assured, which before was Suspected. I knew, that having a Lady whom Time had surprised, we had now an active King, a lawful Successor, who would himself be present in all his Affairs. The State of Spain was not unknown to me. I had written a Discourse, which I had intended to present unto the King▪ against Peace with Spain. I knew the Spaniard had six Repulses, three in Ireland, and three at Sea, and once in 1588. at Cales, by my Lord Admiral. I knew he was Discouraged and Dishonoured. I knew the King of Spain to be the proudest Prince in Christendom; but now he cometh Creeping to the King my Master for Peace. I knew whereas before he had in his Port six or seven score Sail of Ships, he hath now but Six or Seven. I knew of Twenty five Millions he had from his Indies, he hath scarce one left. I knew him to be so Poor, that the Jesuits in Spain, who were wont to have such large Allowance, were fain to beg at the Church-Door. Was it ever read or heard, that any Prince should disburse so much Money without a sufficient Pawn? I knew her own Subjects, the Citizens of London, would not lend her Majesty Money without Lands in Mortgage. I known the Queen did not lend the State's Money without Flushing, Brill, and other Towns for a Pawn. And can it be thought, that he would let Cobham have so great a Sum? I never came to the Lord Cobham's but about matters of his Profit, as the Ordering of his House, Paying of his Servants Boardwages, etc. I had of his when I was examined, Four Thousand Pounds worth of Jewels for a Purchase; a Pearl of three thousand Pound, and a Ring worth five hundred Pound: If he had had a fancy to run away, he would not have left so much to have purchased a Lease in Fee Farm. I see him buy three hundred Pounds worth of Books to send to his Library at Canterbury, and a Cabinet of thirty Pound to give to Mr. Attorney, for drawing the Conveyances; and God in Heaven knoweth, not I, whether he intended to travel or no. But for that Practice with Arabella, or Letters to Aremberg framed, or any Discourse with him, or in what Language he spoke unto him; if I known any of these things, I would absolutely confess the Indictment, and acknowledge myself worthy ten thousand Deaths. Cobham's second Examination read. The Lord Cobham being required to Subscribe to an Examination, there was shown a Note under Sir Walter Raleighs hand, the which when he had perused, he paused, and after broke forth into these Speeches; Oh Villain! Oh Traitor! I will now tell you all the Truth: And then said, His purpose was to go into Flanders, and into Spain, for the obtaining the aforesaid Money, and that Raleigh had appointed to meet him in jersey as he returned Home, to be advised of him about the Distribution of the Money. Popham, Lord Chief justice. When Cobham answered to the Interrogatories, he made scruple to subscribe, and being urged to it, he said, If he might hear me affirm, that a Person of his Degree ought to set his Hand, he would; I lying then at Richmond, for fear of the Plague, was sent for; and I told he ought to subscribe; otherwise it were a Contempt of a high Nature: Then he subscribed. The Lords questioned with him further, and he showed them a Letter, as I thought written to me, but it was indeed written to my Lord Cecil: He desired to see the Letter again, and then said, Oh Wretch! Oh Traitor! Whereby I perceived you had not performed that Trust he had reposed in you. Raleigh. He is as passionate a Man as lives, for he hath not spared the best Friends he hath in England in his Passion. My Lords, I take it, he that has been examined, has ever been asked at the time of his Examination, if it be according to his meaning, and then to subscribe. Methinks, my Lords, when he accuses a Man, he should give some Account and Reason of it; it is not sufficient to say, we talked of it. If I had been the Plotter, would not I have given Cobham some Arguments, whereby to persuade the King of Spain, and answer his Objections. I knew Westmoreland and Bothwell, Men of other Understandings than Cobham, were ready to beg their Bread. Sir Thomas Fowler, one of the Iury. Did Sir Walter Raleigh write a Letter to my Lord before he was examined concerning him, or not? Attorney. Yes. Lord Cecil. I am in great Dispute with myself to speak in the Case of this Gentleman: A former Dearness between me and him tied so firm a Knot of my Conceit of his Virtues, now broken by a Discovery of his Imperfections. I protest, did I serve a King that I knew would be displeased with me for speaking, in this Case I would speak whatever came of it: But seeing he is compacted of Piety and Justice, and one that will not mislike of any Man for speaking a Truth, I will answer your Question. Sir Walter Raleigh was stayed by me at Windsor, upon the first News of Copley, that the King's Person should be surprised by my Lord Grey, and Mr. George Brook; when I found Brook was in, I suspected Cobham, than I doubted Raleigh to be a partaker. I speak not this, that it should be thought I had greater Judgement than the rest of my Lords, in making this haste to have them examined. Raleigh following to Windsor, I met with him upon the Terrace, and willed him, as from the King to stay, saying, The Lords had something to say to him: Then he was examined, but not concerning my Lord Cobham, but of the Surprising Treason. My Lord Grey was apprehended, and likewise Brook; by Brook we found, that he had given notice to Cobham of the surprising Treason, as he delivered it to us, but with as much sparingness of a Brother as he might: We sent for my Lord Cobham to Richmond, where he stood upon his Justification, and his Quality; sometimes being froward, he said he was not bound to subscribe, wherewith we made the King acquainted. Cobham said, if my Lord Chief Justice would say it were a Contempt, he would subscribe; whereof being resolved, he subscribed. There was a Light given to Aremberg, that Lawrency was examined, but that Raleigh knew that Cobham was examined, is more than I know. Raleigh. If my Lord Cobham had trusted me in the Main, was not I as fit a Man to be trusted in the Buy? Lord Cecil. Raleigh did by his Letters acquaint us, that my Lord Cobham had sent Lawrency to Aremberg, when he knew not he had any Dealings with him. Lord H. How. It made for you, if Lawrency had been only acquainted with Cobham, and not with you. But you knew his whole Estate, and were acquainted with Cobham's Practice with Lawrency, and it was known to you before, that Lawrency depended on Aremberg. Attorney. 1. Raleigh protested against the surprising Treason. 2. That he knew not of the Matter touching Arabella. I would not charge you, Sir Walter, with a matter of Falsehood: You say, you suspected the Intelligence that Cobham had with Aremberg, by Lawrency. Raleigh. I thought it had been no other Intelligence, but such as might be warranted. Attorney. Then it was but lawful Suspicion. But to that whereas you said, that Cobham had accused you in Passion, I answer three Ways: 1. I observed when Cobham said, Let me see the Letter again? he paused, and when he did see that Count Aremberg was touched, he cried out, Oh Traitor! Oh Villain! Now will I confess the whole Truth. 2. The Accusation of a Man on Hear-say, is nothing: Would he accuse himself on Passion, and ruinate his Cause and Posterity, out of Malice to accuse you? 3. Could this be out of Passion? Mark the manner of it: Cobh. had told this at least two months before to his Brother Brook, You are Fools, you are on the Buy, Raleigh and I are on the Main, we mean to take away the King and his Cubs; this he delivered two months before. So mark the manner and the matter, he would not turn the Weapon against his own Bosom, and accuse himself to accuse you. Raleigh. Hath Cobham confessed that? Lord Chief justice. This is spoken by Mr. Attorney, to prove that Cobham's Speech came not out of Passion. Raleigh. Let it be proved that Cobham said so. Attorney. Cobham saith, He was a long time doubtful of Raleigh, that he would send him and the money to the King. Did Cobham fear lest you would betray him in jersey? Then of necessity there must be Trust between you. No man can betray a man but he that is trusted, in my understanding. This is the greatest Argument to prove that he was acquainted with Cobham's Proceedings. Raleigh has a deeper reach than to make himself, as he said, Robin Hood, a Kett, or Cade, yet I never heard that Robin Hood was a Traitor; they say he was an Outlaw. And whereas he saith, that our King is not only more Wealthy and Potent than his Predecessors; but also more Politic and Wise, so that he could have no hope to prevail. I answer, There is no King so Potent, Wise and Active but he may be overtaken through Treason. Whereas you say Spain is so Poor, discoursing so largely thereof: it had been better for you to have kept in Guiana, than to have been so well acquainted with the State of Spain. Besides, if you could have brought Spain and Scotland to have joined, you might have hoped to prevail a great deal the better. For his six Overthrows, I answer; He hath the more Malice, because Repulses breed desire of Revenge. Then you say, you never talked with Cobham but about Leases, and letting Lands, and ordering his House; I never knew you Clerk of the Kitchen, etc. If you had fallen on your Knees at first, and confessed the Treason, it had been better for you. You say, he meant to have given me a Cabinet of thirty Pound, perhaps he thought by those means to have anticipated me therewith. But you say, all these are Circumstances. I answer, all this Accusation in Circumstance is true: Here now I might appeal to my Lords, that you take hold of this, that he subscribed not to the Accusation. Lord H. How. Cobham was not then pressed to subscribe. Attorney. His Accusation being testified by the Lords, is of as great force, as if he had subscribed. Raleigh saith again, if the Accuser be alive, he must be brought face to face to speak, and alleges 25 th' Edw. 3 d. That there must be two sufficient Witnesses that must be brought face to face before the Accused, and allegeth 10. and 13. Eliz. Raleigh. You try me by the Spanish Inquisition, if you proceed only by the Circumstances without two Witnesses. Attorney. This is a Treasonable Speech. Raleigh. Evertere hominem justum in Causa sua injustum est: Good my Lords, let it be proved either by the Laws of the Land, or the Laws of God, that there ought not to be two Witnesses appointed; yet I will not stand to defend this Point in Law, if the King will have it so: it is no rare thing for a Man to be falsely accused. A Judge condemned a Woman in Sarum for killing her Husband, on the Testimony of one Witness; afterwards his Man confessed the Murder, when she was executed. Who after being touched in Conscience for the Judgement, was used to say, Quod nunquam de hoc facto animam in vita sua purgaret. It is also commanded by the Scripture, Allocutus est jehova Mosen, In Ore duorum aut trium Testium, etc. If Christ requireth it, as it appeareth, Matth 18. If by the Canon, Civil Law, and God's Word, it be required, that there must be two Witnesses at the least, bear with me if I desire one. I would not desire to live, if I were privy to Cobham's Proceedings: I had been a Slave, a Villain, a Fool, if I had endeavoured to set up Arabella, and refused so Gracious a Lord and Sovereign: But urge your Proofs. Lord Chief justice. You have offered Questions on divers Statutes, all which mention two Accusers in case of Indictments; you have deceived yourself, for the Laws of 25. Ed. 3. and 5. Ed. 6. are repealed. It sufficeth now if there be Proofs made either under Hand, or by Testimony of Witnesses, or by Oaths; it needs not the Subscription of the Party, so there be Hands of credible Men to testify the Examination. Raleigh. It may be an Error in me, and if those Laws be repealed, yet I hope the Equity of them remains still; but if you affirm it, it must be a Law to Posterity. The Proof of the Common Law is by Witness and Jury, let Cobham be here, let him speak it: Call my Accuser before my Face, and I have done. Attorney. Scientia sceleris est mera Ignorantia: You have read the Letter of the Law, but understand it not. Here was your Anchorhold, and your Randesvouz: you trust to Cobham, either Cobham must accuse you, or no body; if he did, than it would not hurt you, because he is but one Witness; if he did not, than you are safe. Raleigh. If ever I read word of the Law or Statute before I was Prisoner in the Tower, God confound me. Attorney. Now I come to prove the Circumstances of the Accusation to be true. Cobham confessed he had a Passport to travel, hereby intending to present Overtures to the Archduke, and from thence to go to Spain, and there to have Conference with the King for Money: You say he promised to come home by jersey, to make merry with you and your Wife. Raleigh. I said, in his return from France, not Spain. Attorney. Further, in his Examination he saith, nothing could be set down for the Distribution of the Money to the Discontented, without Conference with Raleigh. You said it should have been for procurement of Peace, but it was for raising Rebellion. Further, Cobham saith, he would never have entered into these Courses, but by your Instigation, and that you would never let him alone. Your Scholar was not apt enough to tell us all the Plots, that is enough for you to do, that are his Master: You intended to trust Sir Arthur Savage, whom I take to be an honest and true Gentleman, but not Sir Arthur Gorge. Raleigh. All this is but one Accusation of Cobham's, I hear no other thing; to which Accusation he never subscribed nor avouched it, I beseech you, my Lords, let Cobham be sent for, charge him on his Soul, on his Allegiance to the King; if he affirm it, I am Guilty. Lord Cecil. It is the Accusation of my Lord Cobham, it is the Evidence against you, must it not be of force without his Subscription? I desire to be resolved by the Judges, whether by the Law it is not a forcible Argument of Evidence. The judges. My Lord, it is. Raleigh. The King at his Coronation is sworn, In omnibus judiciis suis Aequitatem, non Rigorem Legis, observare: By the Rigour and Cruelty of the Law it may be a forcible Evidence. Lord Chief justice. That is not the Rigour of the Law, but the Justice of the Law; else when a Man hath made a plain Accusation, by Practice he might be brought to retract it again. Raleigh. Oh my Lord, you may use Equity. Lord Chief justice. That is from the King, you are to have Justice from us. Lord Anderson. The Law is, if the Matter be proved to the Jury, they must find you Guilty; for Cobham's Accusation is not only against you, there are other things sufficient. Lord Cecil. Now that Sir Walter Raleigh is satisfied, that Cobham's Subscription is not necessary: I pray you Mr. Attorney go on. Raleigh. Good Mr. Attorney be patient, and give me leave. Lord Cecil. An unnecessary Patience is a hindrance, let him go on with his Proofs, and then refel them. Raleigh. I would answer particularly. Lord Cecil. If you would have a Table, and Pen, and Ink, you shall. Then Paper and Ink was given him. Here the Clerk of the Crown read the Letter, which the Lord Cobham did write in july, which was to the effect of his former Examination, further saying, I have disclosed all; to accuse any one falsely, were to burden my own Conscience. Attorney. Read Coplies Confession the 8 th' of june, he saith, He was offered 1000 Crowns to be in this Action. Here Watson's Additions were read. The great Mass of Money from the Count was impossible, saith Brook, etc. Brook's Confession read. There have Letters passed, saith he, between Cobham and Aremberg, for a great Sum of Money, to assist a second Action, for the surprising of his Majesty. Attorney. It is not possible it was of Passion; for it was in talk before three Men being severally examined, who agreed in the Sum to be bestowed on discontented Persons. That Grey should have 12000 Crowns, and Raleigh should have 8000, or 10000 Crowns. Cobham's Examination, july 18. If the Money might be procured (saith he) than a Man may give Pensions. Being asked if a Pension should not be given to his Brother Brook, he denied it not. Lawrency's Examination. Within five days after Aremberg arrived, Cobham resorted unto him. That Night that Cobham went to Aremberg with Lawrency, Raleigh supped with him. Attorney. Raleigh must have his part of the Money, therefore now he is a Traitor. The Crown shall never stand one Year on the Head of the King (my Master) if a Traitor may not be condemned by Circumstances: For if A. tells B. and B. tells C. and C. D. etc. you shall never prove Treason by two Witnesses. Raleighs Examination was read. He confesseth Cobham offered him 8000 Crowns, which he was to have for the furtherance of the Peace between England and Spain; and that he should have it within three days. To which, he said, he gave this Answer, When I see the Money I will tell you more; for I had thought it had been one of his ordinary idle Conceits, and therefore made no account thereof. Raleigh. The Attorney hath made a long Narration of Copley, and the Priests, which concerns me nothing, neither know I how Cobham was altered. For he told me, if I would agree to further the Peace, he would get me 8000 Crowns. I asked him, Who shall have the rest of the Money? He said, I will offer such a Nobleman (who was not named) some of the Money. I said, he will not be persuaded by you, and he will extremely hate you for such a Motion. Let me be pinched to Death with hot Irons, if ever I knew there was any Intention to bestow the Money on discontented Persons. I had made a Discourse against the Peace, and would have printed it: If Cobham changed his mind; if the Priests, if Brook had any such intent, what is that to me? They must answer for it. He offered me the Money before Aremberg came, that is difference of time. Sergeant Philips. Raleigh confesseth the Matter, but avoideth it by distinguishing of Times. You said it was offered you before the coming of Aremberg; which is false. For you being examined whether you should have such Money of Cobham, or not: You said yea, and that you should have it within two or three days. Nemo moriturus presumitur mentiri. Lord Hen. How. Allege me any Ground or Cause, wherefore you gave ear to my Lord Cobham for receiving Pensions, in Matters you had not to deal with. Raleigh. Could I stop my Lord Cobham's Mouth? Lord Cecil. Sir Walter Raleigh presseth, that my Lord Cobham should be brought face to face. If he ask things of Favour and Grace, they must come only from him that can give them. If we sit here as Commissioners, how shall we be satisfied whether he ought to be brought, unless we hear the Judges speak. Lord Chief justice. This thing cannot be granted, for then a number of Treasons should flourish: The Accuser may be drawn by Practice, whilst he is in Person. judge Gawdy. The Statute you speak of, concerning two Witnesses in case of Treason is found to be inconvenient, therefore by another Law it was taken away. Raleigh. The common Trial of England is by Jury and Witnesses. Lord Chief justice. No, by Examination: If three conspire a Treason, and they all confess it; here is never a Witness, yet they are condemned. judge Warburton. I marvel, Sir Walter, that you being of such Experience and Wit, should stand on this Point; for so many Horse-stealers may escape, if they may not be condemned without Witnesses. If one should rush into the King's Privy-Chamber, whilst he is alone, and kill the King (which God forbid) and this Man be met coming with his Sword drawn all bloody; shall not he be condemned to Death? My Lord Cobham hath, perhaps, been laboured withal; and to save you, his old Friend, it may be that he will deny all that which he hath said. Raleigh. I know not how you conceive the Law. Lord Chief justice. Nay, we do not conceive the Law, but we know the Law. Raleigh. The Wisdom of the Law of God is absolute and perfect, Haec fac, & vives, etc. But now by the Wisdom of the State, the Wisdom of the Law is uncertain. Indeed where the Accuser is not to be had conveniently, I agree with you; but here my Accuser may, he is alive, and in the House. Susanna had been condemned, if Daniel had not cried out: Will you condemn an innocent Israelite, without Examination or Knowledge of the Truth? Remember, it is absolutely the Commandment of God: If a false Witness rise up, you shall cause him to be brought before the Judges; if he be found false, he shall have the Punishment which the Accused should have had. It is very sure for my Lord to accuse me is my certain Danger, and it may be a means to excuse himself. Lord Chief justice. There must not such a Gap be opened for the Destruction of the King, as would be if we should grant this. You plead hard for yourself, but the Laws plead as hard for the thing. I did never hear that Course to be taken in a Case of Treason, as to write one to another, or speak one to another during the time of their Imprisonment. There hath been Intelligence between you, and what underhand Practices there may be, I know not. If the Circumstances agree not with the Evidence, we will not condemn you. Raleigh. The King desires nothing but the knowledge of the Truth, and would have no advantage taken by Severity of the Law. If ever we had a Gracious King, now we have; I hope, as he is, such are his Ministers. If there be but a Trial of five Marks at common Law, a Witness must be deposed. Good my Lords, let my Accuser come face to face, and be deposed. Lord Chief justice. You have no Law for it: God forbid any Man should accuse himself upon his Oath. Attorney. The Law presumes, a Man will not accuse himself to accuse another. You are an odious Man: For Cobham thinks his Cause the worse that you are in it. Now you shall hear of some Stirs to be raised in Scotland. Part of Coplies Examination. Also Watson told me, that a special Person told him, that Aremberg offered to him a thousand Crowns to be in that Action; and that Brook said, the Stirs in Scotland came out of Raleighs Head. Raleigh. Brook hath been taught his Lesson. Lord H. How. This Examination was taken before me; Did I teach him his Lesson? Raleigh. I protest before God, I meant it not by any Privy Counsellor; but because Money is scant, he will juggle on both sides. Raleighs Examination. " The way to invade England, were to begin with Stirs in Scotland. Raleigh. I think so still: I have spoken it to divers of the Lords of the Council, by way of Discourse and Opinion. Attorney. Now let us come to those words of Destroying the King and his Cubs. Raleigh. O barbarous! if they, like unnatural Villains, should use those words, shall I be charged with them? I will not hear it, I was never any Plotter with them against my Country, I was never false to the Crown of England. I have spent 4000 Pounds of my own against the Spanish Faction, for the Good of my Country. Do you bring the words of these Hellish Spiders, Clark, Watson, and others against me? Attorney. Thou hast a Spanish Heart, and thyself art a Spider of Hell; for thou confessest the King to be a most Sweet and Gracious Prince, and yet hast conspired against him. Watson's Examination read. He said, that George Brook told him twice, That his Brother, the Lord Cobham, said to him, that you are but on the Buy, but Raleigh and I are on the Main. Brook's Examination read. Being asked what was meant by this Jargon the Buy and the Main? he said, That the Lord Cobham told him, that Grey and others were in the Buy, he and Raleigh were on the Main. Being asked what Exposition his Brother made of these Words? he said, he is loath to repeat it. And after saith, by the Main was meant the taking away of the King and his Issue; and thinks on his Conscience, it was infused into his Brother's Head by Raleigh. Cobham's Examination read. Being asked, if ever he had said, It will never be well in England, till the King and his Cubs were taken away. He said, he had answered before, and that he would answer no more to that Point. Raleigh. I am not named in all this: There is a Law of two sorts of Accusers, one of his own Knowledge, another by Hear-say. Earl of Suffolk. See the Case of Arnold. Lord Chief justice. It is the Case of Sir Will. Thomas, and Sir Nicholas Arnold. Raleigh. If this may be, you will have any Man's Life in a Week. Attorney. Raleigh saith, that Cobham was in a Passion when he said so. Would he tell his Brother any thing of Malice against Raleigh, whom he loved as his Life. Raleigh. Brook never loved me; until his Brother had accused me, he said nothing. Lord Cecil. We have heard nothing that might lead us to think that Brook accused you, he was only in the Surprising Treason; for by accusing you he should accuse his Brother. Raleigh. He doth not care much for that. Lord Cecil. I must judge the best. The Accusation of his Brother was not Voluntary; he pared every thing as much as he could, to save his Brother. Cobham's Examination read. He saith he had a Book written against the Title of the King, which he had of Raleigh, and that he gave it to his Brother Brook: and Raleigh said it was foolishly written. Attorney. After the King came within twelve miles of London, Cobham never came to see him; and intended to travel without seeing the Queen and the Prince. Now in this Discontent you gave him the Book, and he gave it his Brother. Raleigh. I never gave it him, he took it off my Table. For I well remember a little before that time I received a Challenge from Sir Amias Preston, and for that I did intend to answer it, I resolved to leave my Estate settled, therefore laid out all my loose Papers, amongst which was this Book. Lord Howard. Where had you this Book? Raleigh. In the old Lord Treasurer's Study, after his Death. Lord Cecil. Did you ever show or make known the Book to me. Raleigh. No, my Lord. Lord Cecil. My Father being employed in the Affairs of State at that time, it was like enough, he had many Books and Papers written against the then Queen and State, which might come to his hands by the Discovery of such Offences. Attorney. I observe there was Intelligence between you and Cobham in the Tower; for after he said, it was against the King's Title, he denied it again. Sir William Wade. First my Lord Cobham confesseth it, and after he had subscribed it, he revoked it again: To me he always said, that the Drift of it was against the King's Title. Raleigh. I protest before God, and all his Works, I gave him not the Book. Nota. Sir Robert Wroth speaketh, or whispereth something secretly. Attorney. My Lords, I must complain of Sir Robert Wroth, he says this Evidence is not material. Sir Robert Wroth. I never spoke the words. Attorney. Let Mr. Serjeant Philip's testify, whether he heard him say the Words or no. Lord Cecil. I will give my Word for Sir Robert Wroth. Sir Robert Wroth. I will speak as truly as you, Mr. Attorney, for by God, I never spoke it. Lord Chief justice. Wherefore should this Book be burnt? Raleigh. I burned it not. Sergeant Philips. You presented your Friend with it, when he was discontented. If it had been before the Queen's Death it had been a less matter; but you gave it him presently when he came from the King, which was the time of his Discontent. Raleigh. Here is a Book supposed to be Treasonable; I never read it, commended it, or delivered it, nor urged it. Attorney. Why this is cunning. Raleigh. Every thing that doth make for me is cunning, and every thing that maketh against me is probable. Attorney. Lord Cobham saith, that Kemish came to him with a Letter torn, and did wish him not to be dismayed, for one Witness could not hurt him. Raleigh. This poor Man hath been close Prisoner these eighteen Weeks; he was offered the Rack to make him confess. I never sent any such Message by him, I only writ to him, to tell him what I had done with Mr. Attorney; having of his at that time a great Pearl and a Diamond. Lord H. Howard. No Circumstance moveth me more than this. Kemish was never on the Rack, the King gave charge that no Rigour should be used. Commissioners. We protest before God, there was no such matter intended to our knowledges. Raleigh. Was not the Keeper of the Rack sent for, and he threatened with it? Sir William Wade. When Mr. Solicitor and myself examined Kemish, we told him he deserved the Rack, but did not threaten him with it. Commissioners. It was more than we knew. Cobham's Examination read. He saith, Kemish brought him a Letter from Raleigh, and that part which was concerning the Lords of the Council▪ was rent out; the Letter contained, that he was examined and cleared himself of all; and that the Lord H. Howard said, because he was discontent, he was fit to be in the Action. And further, that Kemish said to him from Raleigh, that he should be of good Comfort, for one Witness could not condemn a Man for Treason. Lord Cecil. Cobham was asked, whether, and when he heard from you? he said, Every Day. Raleigh. Kemish added more, I never bade him speak those Words. Nota. Mr. Attorney here offered to interrupt him. Lord Cecil. It is his last Discourse. Give him leave Mr. Attorney. Raleigh. I am accused concerning Arabella, concerning Money out of Spain. My Lord Chief justice saith, a Man may be condemned with one Witness, yea, without any Witness. Cobham is guilty of many things, Conscientia mille Testes; he hath accused himself, what can he hope for but Mercy? My Lords vouchsafe me this Grace. Let him be brought, being alive, and in the House; let him avouch any of these things, I will confess the whole Indictment, and renounce the King's Mercy. Lord Cecil. Here hath been a touch of the Lady Arabella Stuart, a near Kinswoman of the Kings. Let us not scandal the innocent by confusion of Speech: She is as innocent of all these things as I, or any Man here; only she received a Letter from my Lord Cobham, to prepare her; which she laughed at, and immediately sent it to the King. So far was she from Discontent that she laughed him to scorn. But you see how far the Count of Aremberg did consent. The Lord Admiral (Nottingham) being by in a Standing, with the Lady Arabella, spoke to the Court. The Lady doth here protest upon her Salvation, that she never dealt in any of these things; and so she willed me to tell the Court. Lord Cecil. The Lord Cobham wrote to my Lady Arabella, to know if he might come to speak with her, and gave her to understand, that there were some about the King, that laboured to disgrace her; she doubted it was but a Trick. But Brook saith, his Brother moved him to procure Arabella to write Letters to the King of Spain; but he saith, he never did it. Raleigh. The Lord Cobham hath accused me, you see in what manner he hath forsworn it. Were it not for his Accusation, all this were nothing. Let him be asked, if I knew of the Letter which Lawrency brought to him from Aremberg. Let me speak for my Life, it can be no hurt for him to be brought; he dares not accuse me. If you grant me not this Favour, I am strangely used. Campian was not denied to have his Accusers face to face. Lord Chief Justice. Since he must needs have Justice, the Acquitting of his old Friend may move him to speak otherwise than the Truth. Raleigh. If I had been the Infuser of all these Treasons into him. You Gentlemen of the Jury, mark this, he said I have been the Cause of all his Miseries, and the Destruction of his House, and that all Evil hath happened unto him, by my wicked counsel. If this be true, whom hath he cause to accuse, and to be revenged on, but on me? And I know him to be as revengeful as any Man on Earth. Attorney. He is a Party, and may not come; the Law is against it. Raleigh. It is a Toy to tell me of Law. I defy such Law, I stand on the Fact. Lord Cecil. I am afraid my often speaking (who am inferior to my Lords here present) will make the World think I delight to hear myself talk. My affection to you, Sir Walter Raleigh was not extinguished, but slaked, in regard of your deserts. You know the Law of the Realm (to which your Mind doth not contest) that my Lord Cobham cannot be brought. Raleigh. He may be, my Lord. K. Cecil. But dare you challenge it? Raleigh. No. L. Cecil. You say that my Lord Cobham, your main Accuser, must come to accuse you. You say, he hath retracted: I say, many particulars are not retracted. What the Validity of all this is, is merely left to the Jury. Let me ask you this, If my Lord Cobham will say you were the only Instigator of him to proceed in the Treasons, dare you put yourself on this? Raleigh. If he will speak it before God and the King, that ever I knew of Arabella's Matter, or the Money out of Spain, or of the surprising Treason; I put myself on it. God's Will and the King's be done with me. Lord H. Howard. How if he speak things equivalent to that you have said. Raleigh. Yes, in a main Point. Lord Cecil. If he say, you have been the Instigator of him to deal with the Spanish King, had not the Council cause to draw you hither? Raleigh. I put myself on it. Lord Cecil. Then Sir Walter Raleigh, call upon God, and prepare yourself; for I do verily believe my Lords will prove this. Excepting your faults (I call them no worse) by God, I am your Friend. The Heat and Passion in you, and the Attourney's Zeal in the King's Service makes me speak this. Raleigh. Whosoever is the Workman, it is reason he should give account of his Work to the Workmaster. But let it be proved that he acquainted me with any of his Conferences with Aremberg: he would surely have given me some account. L. Cecil. That follows not. If I set you on work, and you give me no account▪ am I therefore innocent? Attorney. For the Lady Arabella, I said she was never acquainted with the matter. Now that Raleigh had Conference in all these Treasons, it is manifest; The Jury hath heard the matter. There is one Dyer, a Pilot, that being in Lisbon, met with a Portugal Gentleman, who asked him if the King of England was crowned yet? To whom he answered, I think not yet, but he shall be shortly. Nay, saith the Portugal, that shall never be, for his Throat will be cut by Don Raleigh and Don Cobham before he be crowned. Dyer was called and sworn, and delivered this Evidence. Dyer. I came to a Merchant's House in Lisbon, to see a Boy that I had there; there came a Gentleman into the House, and enquiring what Countryman I was? I said, an Englishman. Whereupon he asked me, if the King was crowned? And I answered, No, but that I hoped he should be so shortly. Nay, saith he, he shall never be crowned; for Don Raleigh and Don Cobham will cut his Throat ere that day come. Raleigh. What infer you upon this? Attorney. That your Treason hath wings. Raleigh. If Cobham did practice with Aremberg, how could it not but be known in Spain? Why did they name the Duke of Buckingham with Jack Straw's Treason, and the Duke of York with Jack Cade, but that it was to countenance his Treason? Consider you Gentlemen of the Jury, there is no Cause so doubtful, which the King's Counsel cannot make good against the Law. Consider my Disability, and their Ability: They prove nothing against me, only they bring the Accusation of my Lord Cobham, which he hath lamented and repent as heartily, as if it had been for an horrible Murder: for he knew that all this Sorrow which should come to me, is by his means. Presumptions must proceed from precedent or subsequent Facts. I have spent 40000 Crowns against the Spaniard. I had not purchased 40 Pound a Year. If I had died in Guiana, I had not left 300 Marks a Year to my Wife and Son. I that have always condemned the Spanish Faction, methinks it is a strange thing that now I should affect it! Remember what St. Austin says, Sic judicate tanquam ab alio mox judicandi; unus judex, unum Tribunal. If you would be contented on Presumptions to be delivered up to be slaughtered, to have your Wives and Children turned into the Streets to beg their Bread; If you would be contented to be so judged, judge so of me Serj. Philips. I hope to make this so clear, as that the Wit of Man shall have no Colour to answer it. The Matter is Treason in the highest Degree, the end to deprive the King of his Crown. The particular Treasons are these: First, To raise up Rebellion, and, to effect that, to procure Money; to raise up Tumults in Scotland, by divulging a Treasonable Book against the Kings Right to the Crown; the Purpose, to take away the Life of his Majesty and his Issue. My Lord Cobham confesseth Sir Walter Raleigh to be guilty of all these Treasons. The Question is, Whether he be guilty as joining with him, or instigating of him? The Course to prove this was by my Lord Cobham's Accusation. If that be true, he is guilty; if not, he is clear. So whether Cobham say true, or Raleigh? That is the Question. Raleigh hath no Answer, but the Shadow of as much Wit, as the Wit of Man can devise. He useth his bare Denial; the Denial of a Defendant must not move the Jury. In the Star-Chamber, or in the Chancery, for matter of Title, if the Defendant be called in Question, his Denial on his Oath is no Evidence to the Court to clear him, he doth it in propria causa; therefore much less in Matters of Treason. Cobham's Testification against him before then, and since, hath been largely discoursed. Raleigh. If Truth be constant, and Constancy be in Truth, why hath he forsworn that that he hath said? You have not proved any one thing against me by direct Proofs, but all by Circumstances. Attorney. Have you done? The King must have the last. Raleigh. Nay, Mr. Attorney, he which speaketh for his Life, must speak last. False Repetitions and Mistake must not mar my Cause. You should speak secundum allegata & probata. I appeal to God and the King in this Point, whether Cobham's Accusation be sufficient to condemn me? Attorney. The King's Safety and your Clearing cannot agree. I protest before God, I never knew a clearer Treason. Raleigh. I never had Intelligence with Cobham since I came to the Tower. Attorney. Go too, I will lay thee upon thy Back, for the confidentest Traitor that ever came at a Bar. Why should you take 8000 Crowns for a Peace? Lord Cecil. Be not so impatient, good Mr. Attorney, give him leave to speak. Attorney. If I may not be patiently heard, you will encourage Traitors, and discourage us. I am the King's sworn Servant, and must speak: If he be guilty, he is a Traitor; if not deliver him. Nota. Here Mr. Attorney sat down in a Chafe, and would speak no more, until the Commissioners urged and entreated him. After much ado he went on, and made a long Repetition of all the Evidence, for the direction of the jury; and at the repeating of some things Sir Walter Raleigh interrupted him, and said, He did him wrong. Attorney. Thou art the most vile and execrable Traitor that ever lived. Raleigh. You speak indiscreetly, barbarously and uncivilly. Attorney. I want words sufficient to express thy viperous Treasons. Raleigh. I think you want words indeed, for you have spoken one thing half a dozen times. Attorney. Thou art an odious Fellow, thy Name is hateful to all the Realm of England for thy Pride. Raleigh. It will go near to prove a measuring Cast between you and me, Mr. Attorney. Attorney. Well, I will now make it appear to the World, that there never lived a viler Viper upon the face of the Earth than thou, and therewithal he drew a Letter out of his Pocket, saying further, My Lords, you shall see, this is an Agent that hath writ a Treatise against the Spaniard, and hath ever so detested him; this is he that hath spent so much Money against him in Service; and yet you shall all see whether his Heart be not wholly Spanish. The Lord Cobham, who of his own nature was a good and honourable Gentleman, till overtaken by this Wretch, now finding his Conscience heavily burdened with some Courses which the Subtlety of this Traitor had drawn him into, my Lords, he could be at no rest with himself, nor quiet in his thoughts, until he was eased of that heavy weight; out of which Passion of his Mind, and Discharge of his Duty to his Prince, and his Conscience to God; taking it upon his Salvation that he wrote nothing but the Truth, with his own hands he wrote this Letter. Now Sir you shall see whether you had Intelligence with Cobham, within four days before he came to the Tower. If he be wholly Spanish, that desired a Pension of 1500 Pound a Year from Spain, that Spain by him might have Intelligence, than Raleigh is a Traitor. He hath taken an Apple, and pinned a Letter unto it, and threw it into my Lord Cobham's Window; the Contents whereof were this, It is doubtful, whether we shall be proceeded with or no, perhaps you shall not be tried. This was to get a Retractation. Oh! it was Adam's Apple, whereby the Devil did deceive him. Further, he wrote thus, Do not as my Lord of Essex did; take heed of a Preacher; for by his Persuasion he confessed, and made himself guilty. I doubt not but this day God shall have as great a Conquest by this Traitor, and the Son of God shall be as much glorified, as when it was said, Vicisti Galilaee; you know my meaning. What though Cobham retracted, yet he could not rest nor sleep till he confirmed it again. If this be not enough to prove him a Traitor, the King my Master shall not live three years to an end. Nota. Here Mr. Attorney produced the Lord Cobham's Letter, and as he read it, inserted some speeches. I have thought fit to set down this to my Lords, wherein I protest on my Soul to write nothing but the truth. I am now come near the period of my time, therefore I confess the whole Truth before God, and his Angels. Raleigh, four days before I came from the Tower caused an Apple (Eves Apple) to be thrown in at my Chamber-Window; the effect of it was to entreat me to right the wrong that I had done him, in saying, that I should have come home by jersey; which under my hand to him I have retracted. His first Letter I answered not, which was thrown in the same manner, wherein he prayed me to write him a Letter, which I did. He sent me word that the Judges met at Mr. Attorneys House, and that there was good hope the Proceedings against us should be stayed; He sent me another time a little Tobacco. At Aremberg's coming Raleigh was to have procured a Pension of fifteen hundred Pounds a Year; for which he promised that no Action should be against Spain, the Low-Countries, or the Indies, but he would give knowledge beforehand. He told me the States had Audience with the King. (Attorney. Ah! is not this a Spanish Heart in an English Body?) He hath been the Original Cause of my Ruin; for I had no dealing with Aremberg, but by his instigation. He hath also been the cause of my Discontent; he advised me, not to be overtaken with Preachers, as Essex was; and that the King would better allow of a constant Denial, than to accuse any. Attorney. Oh damnable Atheist! he hath learned some Text of Scripture to serve his own purpose, but falsely alleged. He counsels him not to be counselled by Preachers, as Essex was: He died the Child of God, God honoured him at his death; thou wast by when he died. Et Lupus & Turpes instant morientibus Ursae. He died indeed for his Offence. The King himself spoke these words; He that shall say Essex died not for Treason is punishable. Raleigh. You have heard a strange Tale of a strange Man. Now he thinks, he hath matter enough to destroy me; but the King, and all of you shall witness by our Deaths, which of us was the Ruin of the other. I bid a poor Fellow throw in the Letter at his Window, written to this purpose, You know you have undone me, now write three Lines to justify me. In this I will die, that he hath done me wrong: Why did not he acquaint me with his Treasons, if I acquainted him with my Dispositions? Lord Chief justice. But what say you now of the rest of the Letter, and the Pension of 1500 l. per annum? Raleigh. I say that Cobham is a base, dishonourable poor Soul. Attorney. Is he base? I return it into thy Throat, on his behalf: But for thee, he had been a good Subject. Lord Chief justice. I perceive you are not so clear a Man, as you have protested all this while; for you should have discovered these Matters to the King. Nota. Here Raleigh pulled a Letter out of his Pocket, which the Lord Cobham had written to him, and desired my Lord Cecil to read it, because he only knew his hand; the Effect of it was as followeth. Cobham's Letter of justification to Raleigh. Seeing myself so near my End, for the discharge of my own Conscience; and freeing myself from your Blood, which else will cry Vengeance against me: I protest upon my Salvation, I never practised with Spain by your procurement; God so comfort me in this my Affliction, as you are a true Subject, for any thing that I know. I will say as Daniel, Purus sum a sanguine hujus. So God have merry on my Soul, as I know no Treason by you. Raleigh. Now I wonder how many Souls this Man hath! he damns one in this Letter, and another in that. Here was much ado, Mr. Attorney alleged that his last Letter was politicly and cunningly urged from the Lord Cobham, and that the first was simply the Truth; and that lest it should seem doubtful that the first Letter was drawn from my Lord Cobham by promise of mercy, or hope of favour, the Lord Chief Justice willed that the Jury might herein be satisfied. Whereupon the Earl of Devonshire delivered that the same was mere voluntary, and not extracted from the Lord Cobham upon any hopes or promise of Pardon. Nota. This was the last Evidence: whereupon a Marshal was sworn to keep the Jury private. The Jury departed, and stayed not a quarter of an hour, but returned, and gave their Verdict, Guilty. Serj. Heale demanded Judgement against the Prisoner. Clerk of the Crown. Sir Walter Raleigh, Thou hast been indicted, arraigned, and pleaded not guilty, for all these several Treasons, and for trial thereof hast put thyself upon thy Country; which Country are these, who have found thee guilty. What canst thou say for thyself, why Judgement and Execution of Death should not pass against thee? Raleigh. My Lords, the Jury have found me Guilty. They must do as they are directed. I can say nothing why Judgement should not proceed. You see whereof Cobham hath accused me. You remember his Protestations, that I was never guilty. I desire the King should know of the Wrongs done unto me since I came hither. Lord Chief justice. You have had no wrong, Sir Walter. Raleigh. Yes, of Mr. Attorney. I desire my Lords to remember three things to the King. 1. I was accused to be a Practiser with Spain. I never knew that my Lord Cobham meant to go thither; I will ask no mercy at the King's hands if he will affirm it. 2. I never knew of the practice with Arabella. 3. I never knew of my Lord Cobham's practice with Aremberg, nor of the surprising Treason. Lord Ch. justice. In my Conscience I am persuaded that Cobham hath accused you truly. You cannot deny but that you were dealt with to have a Pension to be a Spy for Spain; therefore you are not so true to the King as you have protested yourself to be. Raleigh. I submit myself to the King's Mercy; I know his Mercy is greater than my Offence. I recommend my Wife, and Son of tender years, unbrought up, to his Compassion. Lord Chief justice. I had thought I should never have seen this Day, to have stood in this place to give Sentence of Death against you; because I thought it impossible, that one of so great Parts should have fallen so grievously. God hath bestowed on you many Benefits. You had been a Man fit and able to have served the King in good Place. You had brought yourself into a good State of Living, if you had entered into a good Consideration of your Estate, and not suffered your own Wit to have entrapped yourself, you might have lived in good comfort. It is best for Man not to seek to climb too high, lest he fall; nor yet to creep too low, lest he be trodden on. It was the Posy of the wisest and greatest Counsellor of our time in England, In medio spatio mediocria firma locantur. You might have lived well with 3000 Pound a Year, for so I have heard your Revenues to be. I know nothing might move you to be discontented; but if you had been down, you know Fortune's Wheel, when it is turned about, riseth again. I never heard that the King took away any thing from you, but the Captainship of the Guard, which he did with very good Reason, to have one of his own knowledge, whom he might trust, in that Place. You have been taken for a wise Man, and so have showed Wit enough this Day. Again, for Monopolies for Wine, etc. If the King had said, it is a Matter that offends my People, should I burden them for your private Good? I think you could not well take it hardly, that his Subjects were eased, though by your private hindrance. Two Vices have lodged chiefly in you; one is an eager Ambition, the other corrupt Covetousness. Ambition, in desiring to be advanced to equal Grace and Favour, as you have been before-time; that Grace you had then you got not in a Day or Year. For your Covetousness, I am sorry to hear that a Gentleman of your Wealth should become a base Spy for the Enemy, which is the vilest of all other; wherein on my Conscience Cobham hath said true: by it you would have increased your Living 1500 Pound a Year. This Covetousness is like a Canker, that eats the Iron Place where it lives. Your Case being thus, let it not grieve you, if I speak a little out of zeal, and love to your good. You have been taxed by the World, with the Defence of the most Heathenish and Blasphemous Opinions, which I list not to repeat, because Christian Ears cannot endure to hear them, nor the Authors and Maintainers of them suffered to live in any Christian Commonwealth. You know what Men said of Harpool. You shall do well before you go out of the World to give satisfaction therein, and not to die with these Imputations on you. Let not any Devil persuade you to think there is no Eternity in Heaven: for if you think thus, you shall find Eternity in Hellfire. In the first Accusation of my Lord Cobham, I observed his manner of speaking; I protest before the Living God, I am persuaded he spoke nothing but the Truth. You wrote, that he should not in any case confess any thing to a Preacher, telling him an Example of my Lord of Essex, that noble Earl that is gone; who if he had not been carried away with others, had lived in Honour to this Day among us. He confessed his Offences, and obtained Mercy of the Lord, for I am verily persuaded in my Heart, he died a worthy Servant of God. Your Conceit of not confessing any thing is very inhuman and wicked. In this World is the time of Confessing, that we may be absolved at the Day of Judgement. You have showed a fearful Sign of denying God, in advising a Man not to confess the Truth. It now comes in my mind, why you may not have your Accuser come face to face: for such an one is easily brought to retract, when he seeth there is no hope of his own Life. It is dangerous that any Traitors should have any Access to, or Conference with one another; when they see themselves must die, they will think it best to have their Fellow live, that he may commit the like Treason again, and so in some sort seek Revenge. Now it resteth to pronounce the Judgement, which I wish you had not been this day to have received of me: For if the Fear of God in you had been answerable to your other great Parts, you might have lived to have been a singular good Subject. I never saw the like Trial, and hope I shall never see the like again. The judgement. But since you have been found guilty of these horrible Treasons, the Judgement of this Court is, That you shall be had from hence to the Place whence you came, there to remain until the Day of Execution; and from thence you shall be drawn upon a Hurdle through the open Streets to the Place of Execution, there to be hanged and cut down alive, and your Body shall be opened, your Heart and Bowels plucked out, and your Privy Members cut off, and thrown into the Fire before your Eyes; then your Head to be strucken off from your Body, and your Body shall be divided into four Quarters, to be disposed of at the King's Pleasure: And God have Mercy upon your Soul. Sir Walter Raleigh besought the Earl of Devonshire, and the Lords, to be Suitors on his behalf to the King; that in regard of Places of Estimation he did bear in his Majesty's time, the Rigour of his Judgement might be qualified, and his Death honourable, and not ignominious. Wherein after they had promised him to do their utmost Endeavours, the Court rose, and the Prisoner was carried up again to the Castle. Here follows the Continuation of the Life. IT was observed, that before the Lords (principally to my Lord Cecil) at Winchester (for there he was tried, the Sickness then reigning in London) he was humble, but not prostrate; dutiful, but not deject: For in some cases he would humbly thank them for gracious Speeches; in other acknowledge that their Honours said true, as in relating some Circumstances. And in such points wherein he would not yield unto them, he would crave pardon, and with reverence urge them, and answer them as in points of Law, or essential matters of Fact. To the Jury he was affable, but not fawning; hoping, but not trusting in them; carefully persuading them with Reason, not distemperately importuning them with Conjuration; rather showing love of Life, than fear of Death. What made ill for Sir Walter was his Discovery of Lawrency and Cobham's frequent private Conferences; which so incensed Cobham, that he positively accused him: though the single Evidence of one already convicted of what Sir Walter was but yet impeached, could only make a Circumstance, and not convict him. The Judges and the King's Counsel did what they could to bawl him out of his Life; and since they wanted Proof, they would endeavour to tyre him out. If we may believe Osborn, several of the Jurymen, after he was cast, were so far touched in Conscience as to ask of him pardon on their knees. A further Confirmation of his Innocency may be a Passage of his own in a Letter to Secretary Winwood, wherein he tells him, That the worthy Prince of Wales was extreme curious in searching out the nature of his Offences. The Queen's Majesty had informed herself from the beginning. The King of Denmark at both times of his being here, was throughly satisfied of his Innocency; they would otherwise never have moved his Majesty on his behalf. The Wife, the Brother, and the Son of a King do not use to sue for Men suspect. Nay, further yet, the Scots themselves declared in favour of him, if we may believe him in another Letter of his to Sir Robert Car, after Earl of Somerset, wherein are these words: I have ever been bound to your Nation, as well for many other Graces, as for the true Report of my Trial to the King's Majesty, against whom had I been malignant, the hearing of my Cause could not have changed Enemies into Friends, Malice into Compassion, and the Minds of the greatest number then present into Commiseration of mine Estate: It is not the nature of foul Treason to beget such fair Passions; neither could it agree with the duty and love of faithful Subjects (especially of your Nation) to bewail his Overthrow that had conspired against their most natural and liberal Lord. Two days after Raleighs Trial, were sentenced Brook, who pretended his intention was only to try faithful Subjects, and said he had a Commission for so doing, but produced it not; Markham, who confessed the Indictment, pleaded Discontent, and desired Mercy; Watson, who confessed he drew them all in, holding the King to be no Sovereign till he were crowned, instancing in Saul and jeroboam; And Clark, who said the like. Parham and Brooksby were acquitted by the Jury. Watson, Clark, and Brook were executed; Markham, Cobham, and Grey brought severally on the Scaffold to die, and at the instant on the Block, had their particular Executions remitted, by a Letter to the Sheriff under the King's own Hand, without the knowledge of any, save Mr. Gibbs, Gentleman of the Bedchamber, that brought it. However an evil Fate did attend these Men; Grey died in the Tower, the last of his Line; the rest were discharged but died miserably poor: Markham and some others abroad; but Cobham (as Osborn tells us) in a Room ascended by a Ladder, at a poor Woman's house in in the Minories (formerly his Landress) died rather of hunger than a natural disease. Sir Walter was left to his Majesty's Mercy, who thought him too great a Malcontent to have his Freedom, and probably too Innocent to lose his Life. Therefore in the Tower he is confined, but permitted to enjoy Libera Custodia; where he improved his Imprisonment to the greatest advantage of Learning and Inquisitive Men. Since his Majesty had civilly buried him, and as it were banished him this World, he thought it no Treason to disturb the Ashes of former times, and bring to view the Actions of deceased Heroes. And certainly none was so fit to comment on their Achievements, and so able to raise excellent Maxims from them, as he who had been brought up in so wise a Court as Queen Elizabeth's, and read so many wise Men. After some time past there, he was delivered of that great Minerva, the History of the World; a Book which for the Exactness of its Chronology, Curiousness of its Contexture and Learning of all Sorts, seems to be the Work of an Age. An History which never yet met with a Detractor, and was the Envy, if some Authors may be credited, of King James himself, who thought none could outdo him at the Pen. That a Man who had been the greatest part of his life taken up in Action, should write so judiciously, so critically of Times and Actions, is as great a Wonder as the Book itself. It still remains a Dispute whether the Age he lived in was more obliged to his Pen or his Sword, the one being busy in conquering the New, the other in so bravely describing the Old World. An History wherein the only fault, or defect rather, is, that it wanteth one half thereof; which was occasioned, as our Story tells us, thus: Some few days before he suffered, he sent for Mr. Walter Burr, who formerly printed his first Volumn of the History of the World, whom taking by the Hand, after some other Discourse, he asked how it had sold? Mr. Burr returned this Answer, It sold so slowly that it had undone him. At which words of his Sir Walter stepping to his Desk, reaches his other unprinted Part of his History, which he had brought down to the Times he lived in, and clapping his hand upon his breast, said with a sigh, Ah, my Friend, hath the first Part undone thee? the second Part shall undo no more; this ungrateful World is unworthy of it: and immediately going to the Fireside, threw it in, and set his foot upon it till it was consumed. As great a loss to Learning as Christendom could have sustained; the greater, because it could be repaired by no hand but his. It often happening to Authors, as to great Masters in Painting, their Pieces are not valued till they are dead, and the succeeding Age find the Originals inimitable. Whilst Sir Walter was thus confined, Death took away his and Essex's mortal Enemy, Sir Robert Cecil, after Earl of Salisbury, who had purchased the monopoly of Favour, and being jealous of Sir Walter's Parts, had some fear he might supplant him; which was the Cause, according to Osborn, that he was brought to the aforementioned Trial. However Sir Walter outlived his Enemy's designs and hatred, and for all his kindnesses bestowed upon him the following Epitaph, which I am upon very good grounds assured to be his. King James was so much taken with the smartness of it, that he hoped the Author would die before him. The Verses are these: Here lies Hobinal, our Pastor while here, That once in a quarter our fleeces did shear. To please us, his Cur he kept under clog, And was ever after both Shepherd and Dog. For Oblation to Pan his Custom was thus, He first gave a trifle, then offered up us. And through his false Worship such power he did gain, As kept him o'th' Mountain, and us on the Plain: Where many a Hornpipe he tuned to his Phillis, And sweetly sung Walsingham to's Amarillis; Till Atropos clapped him, a Pox on the Drab, For spite of his Tarbox he died of the Scab. If the Reader desires a Key to these Verses, he may meet with it in Osborn's Memoirs, who yet for all his Intelligence hath not informed us, that his Mistress' Name was Walsingham. Fourteen Years Sir Walter had spent in the Tower, and being weary of a state wherein he could be only serviceable by his Pen, but not in a capacity of serving and enriching his Country any other way, (Of whom Prince Henry would say, that no King but his Father would keep such a Bird in a Cage;) At length he fell upon an Enterprise of a Golden Mine in Guiana in the Southern Parts of America. The Proposition of this was presented and recommended to his Majesty by Sir Ralph Winwood the Secretary of State, as a Matter not in the Air, or Speculative, but Real, and of certainty: for that Sir Walter had seen of the Ore of the Mine, and tried the richness of it, having gotten a pound from thence by the hands of Captain Kemish his ancient Servant. Sir Ralph Winwood's Recommendations of the Design, and the earnest Solicitations for his Enlargement of the Queen, the Prince, and the French Lieger (with much affection to his Deserts, not without some Politic Designs on Spain) together with the Asseverations of Sir Walter of the Truth of the Mine, worked upon his Majesty, who thought himself in Honour obliged, nay in a manner engaged (as the Declaration which he published after the Death of Sir Walter tells us) not to deny unto his People the Adventure and Hope of so great Riches to be sought and achieved at the Charge of Volunteers, especially since it stood so well with his Majesty's Politic and Magnanimous Courses in these his flourishing Times of Peace, to nourish and encourage Noble and Generous Erterprises for Plantations, Discoveries, and opening of a new Trade. Count Gondamor (an active and subtle Instrument to serve his Master's ends) took Alarm at this, and represented to his Majesty the Enterprise of Sir Walter to be hostile, and predatory, intending a breach of the Peace between the two Crowns. But notwithstanding, Power at last is granted to Sir Walter to set forth Ships and Men for that Service. However, the King commanded him upon pain of his Allegiance to give him under his Hand (promising on the Word of a King to keep it secret) the number of his Men, the burden and strength of his Ships, together with the Country and River which he was to enter; which being done accordingly by Sir Walter, that very Original Paper was found in the Spanish Governors' Closet at St. Thoma. So active were the Spanish Ministers, that Advertisement was sent to Spain, and thence to the Indies, before the English Fleet got out of the Thames. But as we have just Cause to admire the more than usual Activity of the Spanish Agents, so may we wonder no less at the Miscarriage of his Majesty's present Ministers, who notwithstanding he had past his Royal Word to the contrary, yet they did help Count Gondamor to that very Paper; So much both King and Court were at Gondamor's service. A Commission indeed is granted, but by Gondamor's means is limited; that the Fleet should commit no Outrages upon the King of Spain's Subjects by Land, unless they began first; with other limitations in the Commission, which for the Readers Curiosity and Satisfaction I have here inserted. JAMES, by the Grace of GOD, etc. To all to whom these Presents shall come, to be read, heard, or seen, and to every of them greeting: Whereas Sir Walter Raleigh Knight, intendeth to undertake a Uoyage by Sea and Shipping, unto the South parts of America, or elsewhere within America, possessed and inhabited by Heathen and Savage People; to the end, to discover and find out some Commodities and Merchandizes in those Countries, that be necessary and profitable for the Subjects of these Our Kingdoms and Dominions, whereof the Inhabitants there make little or no use or estimation; whereupon also may ensue by Trade and Commerce, some propagation of the Christian Faith, and reformed Religion amongst those Savage and Idolatrous people: And whereas We are credibly informed, that there are divers Merchants and Owners of Ships, and others, well disposed to assist the said Sir Walter Raleigh in this his Enterprise, had they sufficient Assurance to enjoy their due parts of the Profits returned (in respect of the Peril of Law wherein the said Sir Walter Raleigh now standeth:) And whereas also We are informed, that divers other Gentlemen, the Kinsmen & Friends of the said Sir Walter Raleigh, and divers Captains and other Commanders, are also desirous to follow him, and to adventure their Lives with him in this his journey, so as they might be commanded by no other than himself. Know ye, that We, upon deliberate Consideration had of the Premises, being desirous by all ways and means to work and procure the benefit and good of Our loving Subjects, and to give our Princely furtherance to the said Sir Walter Raleigh, his Friends and Associates herein, to the Encouragement of others in the like laudable journeys and Erterprises, to be hereafter prosecuted and pursued; and especially in advancement and furtherance, aswel of the Conversion of Savage People, as of the increase of Trade, Traffic, and Merchandizes used by Our Subjects of this Our Kingdom, being most famous throughout all Nations: Of Our special Grace, certain knowledge, and mere motion, have given and granted, and by these Presents for Us, Our Heirs, and Successors, do give and grant unto the said Sir Walter Raleigh, full Power and Authority, and free Licence and Liberty out of this Our Realm of England, or any other Our Dominions, to have, carry, take, and lead, for and towards his said intended Uoyage unto the said South parts, or other parts of America, (possessed and inhabited, as aforesaid) and to Travel thither, all such, and so many of Our loving Subjects, or any other Strangers that will become Our loving Subjects, and live under Our Obeisance and Allegiance, as shall willingly accompany him, with sufficient Shipping, Armour, Weapons, Ordnance, Munition, Powder, Shot, Habiliments, Uictuals, and such Wares and Merchandizes, as are esteemed by the wild People in those parts, Clothing, Implements, Furniture, cattle, Horses & Mares, and all other such things as he shall think most necessary for his Uoyage, and for the use and defence of him and his Company, and trade with the People there; and in passing and returning to and fro, and in those parts, to give away, Sell, Barter, Cxchange, or otherwise dispose of the same Goods, Merchandizes, and Premises, to the most benefit, and at the will and pleasure of the said Sir Walter Raleigh and his Company, and such other Person or Persons, as shall be Adventurers or Assistants with, or unto him in this his intended Uoyage, and from thence to Return, Import, Convey, and bring into this Our Kingdom, or any other Our Dominions, such Gold, Silver, Bullion, or any other Wares, or Merchandizes, or Commodities whatsoever, as they shall think most fit and convenient; and the same being so Returned, Imported, Conveyed, and Brought into this Our Kingdom, or any other Our Dominions, to have, take, keep, retain, and convert to the only proper Use, Benefit, and Behoof of the said Sir Walter Raleigh, and his said Company, and other Persons Adventurers and Assistants with, or to him in his Uoyage, without the Let, Interruption, Molestation, and Disturbance of Us, Our Heirs or Successors, or any the Officers, or Ministers of Us, Our Heirs or Successors whatsoever; Paying and Answering unto Us, Our Heirs, and Successors, the full fifth part, in five parts to be divided, of all such Gold, and Silver, and Bullion, and Oar of Gold, or Silver, and Pearl, and precious Stones, as shall be Imported over and besides; and together with such Customs, Subsidies, and other Duties, as shall be due for, or in respect of any other Goods, Wares, or Merchandizes whatsoever to be so Imported by the true meaning of these Presents. And to the end the said Sir Walter Raleigh may be the more Encouraged to go forward in this his Enterprise, and all Our loving Subjects desirous to be Adventurers with him, or Assistant unto him, may be the more incited to further his Proceedings: We do hereby in verbo Regio, for Us, Our Heirs and Successors, Covenant, Promise, and Grant, to and with the said Sir Walter Raleigh, and all other Persons that shall accompany him, or to be attendant upon him, or to be Adventurers or Asistants with, or to him in this his Uoyage, that no Gold, Silver, Goods, Wares, or Merchandizes whatsoever, of what kind or sort soever, by him or them, or any of them to be Imported into this Our Kingdom of England, or any other Our Dominions, from any the said South, or other parts of America, (Possessed or Inhabited, as aforesaid) shall be attached, seized, or taken by Us, Our Heirs or Successors, or to the use of Us, Our Heirs or Successors, or by any the Officers or Ministers of Us, Our Heirs or Successors whatsoever; But that the same, and every of them (the fifth part of the said Gold, Silver, or Bullion, and Oar of Gold and Silver, and Pearl, and precious Stones, and other the Customs and Duties aforesaid, being truly answered and paid) shall be, and remain to the sole and proper use and behoof of the said Sir Walter Raleigh, and his said Company, and such Persons as shall be Adventurers with him, or Assistant to him in this his Uoyage; any Law, Statute, Act of Parliament, Proclamation, Provision, or Restraint, or any Right, Title, or Claim of Us, Our Heirs or Successors, or any other matter or thing whatsoever to the contrary in any wise notwithstanding. And further, of Our more especial Grace, certain Knowledge, and mere Motion, We do hereby for Us, Our Heirs and Successors, ordain, constitute and appoint the said Sir Walter Raleigh to be the sole Governor and Commander of all Persons that shall travel, or be with him in the said Uoyage, to the said South, or other parts of America, (so possessed and inhabited as aforesaid) or in returning from thence. And we do hereby give unto him full Power and Authority to Correct, Punish, Pardon, Govern, and Rule them, or any of them, according to such Orders, Ordinances, Constitutions, Directions, and Instructions, as by the said Sir Walter Raleigh shall be from time to time Established, aswel in cases Capital and Criminal, as Civil, both Marine and other; So always as the said Statutes, Ordinances, and Proceedings (as near as conveniently may be) be agreeable to the Laws, Statutes, Government and Policy of this Our Realm of England, and not against the true Christian Faith now professed in the Church of England. And because that in such and the like Enterprises and Uoyages, great Inconveniencies have grown by the mutinous and disorderly carriage of the Mariners and Sailors employed in the same, for want of sufficient Authority to punish them according to their Offences: We do therefore by these Presents for Us, Our Heirs and Successors, give full Power and Authority to the said Sir Walter Raleigh, in case of Rebellion or Mutiny by Sea or Land, to use and exercise Martial Law (upon just ground and apparent necessity) in as large and ample manner as our Lieutenant General by Sea or Land, or our Lieutenants in Our Counties, within Our Realm of England, have, had, or aught to have by force of their Commission of Lieutenancy. And we do further by these Presents, give full Power and Authority to the said Sir Walter Raleigh, to Collect, Nominate and Appoint such Captains, and other inferior Commanders and Ministers under him, as shall be requisite for the better ordering and governing of his Company, and the good of the Uoyage. And further, We do by these Presents, for Us, Our Heirs and Successors, straightly Charge and Command the Warden of Our Cinque Ports, and all the Customers, Comptrollers, Surveyors, Searchers, Waiters, and other Officers and Ministers of Us, Our Heirs and Successors, for the time being, that they and every of them do quietly permit and suffer the said Sir Walter Raleigh, and all Person and Persons that shall be willing to Travel and Adventure with him in this Uoyage with their Ships, Munition, Goods, Wares, and Merchandizes whatsoever out of this Our Realm, or any other Our Dominions, to pass into the said South or other parts of America, (Possessed and Inhabited as aforesaid,) and from thence to return and import into this Our Realm, or any other Our Dominions, any Goods, Wares, or Merchandizes whatsoever, and there to Sell, or otherwise dispose of the same, to the best benefit and advantage, and to the only use and behoof of the said Sir Walter Raleigh, and his Company, and such other Persons as shall be Adventurers with him in this Uoyage; paying the fifth part of all Gold, and Silver, and Bullion, and Oar of Gold, and Silver, and of Pearl, and precious Stones imported, and other the Customs and Duties aforesaid. And these Presents, or the Inrolment thereof, shall be unto the said Wardens of the Cinque Ports, Customers, Comptrollers, and other the Officers and Ministers aforesaid, for the time being, a sufficient Warrant and Discharge in that behalf. And Our Will and Pleasure is; And by these Presents, for Us, Our Heirs and Successors, We do grant unto the said Sir Walter Raleigh, That these Our Letters Patents, or the Inrolment thereof, and all and singular Grants, Clauses, and things therein contained, shall be firm, strong, sufficient, and effectual in Law, according to Our gracious Pleasure and Meaning herein expressed; Any Law, Statute, Act, Provision, Ordinance, or Restraint, or any other Matter or Thing to the contrary thereof in any wise notwithstanding. Although express mention, etc. In Witness whereof, etc. Witness Ourselves at Westminster the six and twentieth Day of August, in the fourteenth Year of Our Reign of England, France, and Ireland, and of Scotland the fiftieth. Per breve de privato Sigillo. With this Commission, and the Company of several brave Captains, and other Knights and Gentlemen of great Blood and Worth, he set out in Quest of the Mine, with a complete Fleet of Twelve Sail; letting fall a Speech at his Departure, which was rather an Argument of his Wit than his Wisdom, That his whole History of the World had not the like Precedent: Of a King's Prisoner to purchase Freedom, and his bosom Favourite to have the Halter; but in Scripture, Mordecai and Haman: Meaning himself and the Duke of Somerset. To which he was told, that the King replied, He might die in that Deceit; which he did, for Somerset was saved. Of whom was made good what Sir Walter used to say of Favourites; That Minions were not so happy as Vulgar Judgements thought them, being frequently commanded to uncomely, and sometimes to unnatural Employments. On the 17 th' of November, he arrived at Guiana, having been much retarted by contrary Winds, and having lost several of his Volunteers in the Voyage, by a violent Calenture. But of the whole Transactions, Sir Walter hath given us an exact Account, in his Letter to Sir Ralph Winwood, Secretary; which I have here transcribed. Sir, AS I have not hitherto given you any Account of our Proceedings and Passages towards the Indies, so have I no other Subject to write of, than of the greatest Misfortunes that ever befell any Man. For whereas for the first, all those that navigate between Cape de Verd, and America, do pass between Fifteen or Twenty Days at most, we found the Wind so contrary, and (which are also contrary to Nature) so many Storms and Rains, as we spent six Weeks in the Passage; by reason whereof, and that in so great Heat, we wanted Water. For at the Isle Prano of Cape de Verd, we lost our Anchors and Cables, and our Water-Casks; and being driven from the Isle with a Hurricane, we were like all to have perished. Great sickness fell amongst us, and carried away great numbers of our ablest Men, both for Sea and Land. The 17th of November, we had sight of Guiana, and soon after came to Anchor in five Degrees of the River Galliano; here we stayed till the fourth of December, landed our Sick-men, set up our Barges and Shallops, which were brought out of England in Quarters, washed our Ships, and took in Freshwater, being fed and cherished by the Indians of my old Acquaintance, with a great deal of Love and Respect. Myself being in the hands of Death this six Weeks, and not able otherwise to move, than as I was carried in a Chair, gave order to five small Ships to sail into Orinoque, having Captain Kemish for their Conductor towards the Mines: And in those five Ships, five Companies of fifty, under the Command of Captain Parker, Captain North, Brethren to the Lord Monteagle, and the Lord North, valiant Gentlemen, and of infinite Patience, for the Labour, Hunger, and Heat which they have endured: My Son had the third Company; Capt. Thornix of Kent the fourth Company; Capt. Chidley, by his Lieutenant, the fifth. But as my Sergeant Major, Capt. Piggot, died in the former miserable Passage; so my Lieutenant, Sir Warham Saint Leaguer, lay sick without hope of Life, and the Charge conferred on my Nephew, George Raleigh, who had also served long with infinite Commendations; but by reason of my absence, and of Sir Warham's, was not so well obeyed as the Enterprise required. As they passed up the River, the Spaniards began the War, and shot at us, both with their Ordnance and Muskets; whereupon the Companies were forced to charge them, and soon after beat them out of the Town. In the Assault my Son (more desirous of Honour than Safety) was slain; with whom, to say truth, all the respects of this World have taken end in me; and although these five Captains had as weak Companies as ever followed valiant Leaders, yet were there among them some twenty or thirty valiant adventurous Gentlemen, and of singular Courage; as of my Son's Company, Mr. Knivet, Mr. Hammond, Mr. Langworth, Mr. John Pleasington; his Officers, Sir John Hambden, Mr. Simon Leak, Corporal of the Field, Mr. Hammond, the elder Brother, Mr. Nicholas of Buckingham, Mr. Roberts of Kent, Mr. Perin, Mr. Tresham, Mr. Mollinax, Mr. Winter, and his Brother, Mr. Wray, Mr. Miles Herbert, Mr. Bradshaw, Captain Hall, and others. Sir, I have set down the Names of these Gentlemen, to the end that if his Majesty shall have cause to use their Service, it may please you to take notice of them for very sufficient Gentlemen. The other five Ships stayed at Trinidado, having no other Port capable of them near Guiana. The second Ship was commanded by my Vice-Admiral Capt. John Pennington, of whom (to do him right) he is one of the sufficientest Gentlemen for the Sea that England hath. The third by Sir Warham Saint-Legier, an exceeding valiant and worthy Gentleman. The fourth by Sir John Fern. The fifth by Capt. Chidley of Devon. With these five Ships I daily attended their Armada of Spain, which had they set upon us, our Force divided, the one half in Orinoque 150 miles from us, we had not only been torn in pieces, but all those in the River had also perished, being of no force at all for Sea-fight. But we had resolved to be burnt by their sides, had the Armada arrived: But belike they stayed for us at Margaret, by which they knew we must pass to the Indies. For it pleased his Majesty to value us at so little, as to command me upon my Allegiance, to set down under my hand the Country, and River by which I was to enter it; to set down the Number of my Men, and Burden of my Ships, and what Ordnance every Ship carried: which being known to the Spanish Ambassador, and by him unto the King of Spain, a dispatch was made, and Letters sent from Madrid, before my departure out of the Thames. For his first Letter, sent by a Bark of Advice, was dated the 19th of March, 1617. at Madrid, which Letter I have here enclosed sent to your Honour; the rest I reserve, not knowing whether they may be intercepted or not. The second by the King, dated the second of May, sent also by a Colonel of Diego de Polonioque, Governor of Guiana, Elderedo, and Trinidado. The third by the Bishop of Perericho, and delivered to Polonioque, the 15th of July at Trinidado. And the fourth was sent from the Farmer and Secretary of his Customs in the Indies. At the same time by that of the King's Hand sent by the Bishop, there was also a Commission for the speedy Levying of 300 Soldiers, and ten Pieces of Ordnance, to be sent from Portriche, for the Defence of Guiana. One 150 from Nueno Remo de Grando, under the Command of Captain Anthony Musica; and the other 150 from Portricho, to be conducted by Captain Francis Landio. Now Sir, if all that have traded to the Indies since his Majesty's time, knew that the Spaniards have flayed alive all the poor Men which they have taken, being but Merchant Men, what Death and cruel Torment shall we expect, if they conquer us? Certainly, they have hitherto failed grossly, being set out thence as we were, both for Number, Time, and Place. Lastly, To make an Apology for not working the Mine (though I know his Majesty expected it, whom I am to satisfy as much as myself) having lost my Son and my Estate in the Enterprise; yet it is true, that the Spaniards took more care to defend the Passage leading unto it, than they did the Town, which by the King's Instructions they might easily do, the Country's being Aspera & Nemorosa. But it is true, that when Capt. Kemish found the River low, and that he could not approach the Banks in most places near the Mine by a mile, and where he found a descent, a volley of Musket shot came from the Woods upon the Boat, and slew two Rowers, hurt six others, and shot a valiant Gentleman of Capt. Thornix, of which Wound he languisheth to this day. He, to wit, Capt. Kemish, following his own Advice, thought it was in vain to discover the Mine; and he gave me this for an Excuse at his return, That the Companies of English in the Town of St. Thoma were not able to defend it against the daily and nightly Assaults of the Spaniards; That the Passages to the Mines were thick and unpassable Woods; and that the Mine being discovered, they had no Men to work it, did not discover it at all. For it is true, the Spaniards having two Gold Mines near the Town, the one possessed by Pedro Rodrigo de Paran, the second by Harmian Frotinio, the third of Silver by Capt. Francisco, are useless for want of Negroes to work them: For as the Indians cannot be constrained, by a Law of Charles the 5th, so the Spaniards will not, nor can endure the labour of those Mines, whatsoever the Bragadocio the Spanish Ambassador saith. I shall prove under the Proprietors hands, by the Custom-Book, and the King's Quinto, of which I recovered an Ingot or two: I shall also make it appear to any Prince, or State, that will undertake it, how easily those Mines, and five or six more of them, may be possessed, and the most of them in those Parts, which have never as yet been attempted by any, nor by any Passage to them, nor ever discovered by the English, French, or Dutch. But at Kemish's return from Orinoque, when I rejected his counsel and his course, and told him he had undone me, and wounded my Credit with the King past recovery, he slew himself: For I told him, seeing my Son was slain, I cared not if I had lost 100 more in opening the Mine, so my Credit had been saved. For I protest before God, had not Captain Whitney (to whom I gave more countenance than to all the Captains of my Fleet) run from me at the Granades, and carried another Ship with him of Captain Woolastons, I would have left my Body at St. Thome, by my Sons, or have brought with me out of that or other Mines, so much Gold Oar as should have satisfied the King. I propounded no vain thing, what shall become of me I know not. I am unpardoned in England, and my poor Estate consumed, and whether any Prince will give me Bread or no, I know not. I would desire your Honour to hold me in your good Opinion, to remember my Service to my Lord of Arundel and Pembroke, to take some pity on my poor Wife, to whom I dare not write for renewing her sorrow for her Son. And I beseech you to give a Copy of this to my Lord Carew; for to a broken Mind, a sick Body, and weak Eyes, it is a torment to write many Letters. I have found many things of Importance for discovering the State and Weakness of the Indies, which if I live I shall hereafter impart unto your Honour, to whom I shall remain a faithful Servant. WALTER RALEIGH. Whilst this Action of St. Thome was performed, and the Repulse in the way to the Mine, Sir Walter stayed at St. Point de Gallo the space of nine weeks, where the unwelcome news was brought him of the loss of his Son, and the Defeat they met with in their Design upon the Mine. However this ill News could not alter the Resolutions of Sir Walter, of Returning to England, though he knew he should meet with several Enemies there, who had by their Calumnies rendered the Voyage nothing but a Design; and though several of his Men were for landing at Newfoundland. For if we may believe himself at the hour of his Death, the two Noble Earls, Thomas of Arundel, and William of Pembroke, engaged him to return; and Sir Walter was resolved, though inevitable Danger threatened him, to keep his Promise. No sooner had they arrived upon the Coasts of Ireland, but the Taking and Sacking of St. Thome, firing of the Town, and putting the Spaniards there to the Sword (though in their own defence) was noised abroad in all parts, and was by special Advertisement come unto the knowledge of Count de Gondamor: Who thereupon desiring Audience of his Majesty, said he had but one word to say: His Majesty much wondering what might be delivered in one word; when he came before him, he only bawled out, Pirates, Pirates, Pirates. A very pretty short Speech for an Ambassador. Whereupon his Majesty published his Royal Proclamation, for the discovery of the Truth of Sir Walter Raleighs Proceedings, and the Advancement of Justice. But after all this Noise, Sir Walter is not questioned for his Guiana Action. For it is believed, not without very good Ground, that neither the transgression of his Commission, nor any thing acted beyond the Line, where the Articles of Peace between the two Crowns did not extend, could have in a legal course of Trial shortened his days. When Sir Walter was arrived at Plymouth, Sir Lewis Steukly, Vice-Admiral of the County of Devon, seized him, being Commissioned by his Majesty to bring him to London; which could add no Terror to a Person who could expect nothing less; and was now forced to make use of all the Arts imaginable to appease his Majesty, and defer his Anger. To which intent, Manowry, a French Quack at Salisbury, gave him several Vomits, and an Artificial Composition, which made him look ghastly and dreadful, full of Pimples and Blisters, and put the Cheat upon the very Physicians themselves, who could not tell what to make of his Urine (though often inspected) being adulterated with a Drug in the Glass, that turned, it even in their very hands, into an earthy humour of a blackish colour, and of a very offensive savour. While he lay under this Politic disguise, he penned his Declaration and Apology, which have sufficiently proved his honourable Designs in that Voyage, and answered the little Calumnies of his Enemies. When he was brought to London, he was permitted the Confinement of his own House: But finding the Court wholly guided by Gondamor, he could hope for little Mercy; therefore he wisely contrived the design of an Escape into France, which Sir Lewis Steuckley betrayed. But the fate of Traitors pursued him, and brought him to a Contemptible End, to die a poor distracted Beggar in the Isle of Lindey, having for a Bag of Money falsified his Faith, confirmed by the tye of the holy Sacrament, (if we may give credit to Mr Howel, who hath given us this Story;) as also before the Year came about, to be found clipping the same very Coin in the King's own House at White-hall, which he had received for a Reward of his Perfideousness: for which, being condemned to be hanged, he was forced to sell himself to his Shirt, to purchase his Pardon of two Knights. King James was willing to sacrifice the Life of Sir Walter to the Advancement of Peace with Spain, but not upon such Grounds as the Ambassador had designed: for he desired a Judgement upon the pretended Breach of Peace, that by this Occasion he might slily gain from the English an Acknowledgement of his Master's Right in those Places, and hereafter both stop their Mouths, and quench their Heat and Valour. Hence upon his old Condemnation (for having had experience upon a former Trial, they cared not to run the hazard of a second) he was sentenced: The old Judgement being only Averred against him; and from Westminster-Hall he was carried to the Gatehouse; and from thence the next Morning to the Parliament-Yard, where he had the Favour of the Axe granted him. But all Persons have wondered how that old Sentence, that had lain dormant sixteen Years and upwards against Sir Walter, could have been made use of to take off his Head afterwards: Considering the than Lord Chancellor Verulam told him positively, (as Sir Walter was acquainting him with that Proffer of Sir William St. Geon for a Pecuniary Pardon, which might have been obtained for a less Sum, than his Guiana Preparations amounted to) in these words: Sir, the Knee Timber of your Voyage is Money; spare your Purse in this particular, for upon my Life you have a sufficient Pardon for all that is passed already, the King having under his Broad Seal made you Admiral of your Fleet, and given you Power of the Martial Law over the Officers and Soldiers. It was the Opinion of most Lawyers, that he, who by his Majesty's Patent, had power of Life and Death over the King's Liege People, should be esteemed or judged Rectus in Curia, and free from all old Convictions. But Sir Walter hath made the best Defence for his Guiana Actions, in his Letter to his Majesty, which I have here inserted. May it please your most excellent Majesty. IF in my Journey outward bound, I had my Men murdered at the Island, and yet spared to take Revenge. If I did discharge some Spanish Barks taken, without spoil. If I did for bear all parts of the Spanish Indies, wherein I might have taken twenty of their Towns on the Sea Coasts, and did only follow the Enterprise I undertook for Guiana, where without any Directions from me a Spanish Village was burnt, which was new set up within three miles of the Mine; by your Majesty's favour, I find no Reason why the Spanish Ambassador should complain of me. If it were lawful for the Spaniards to murder 26 Englishmen, binding them back to back, and then cutting their Throats, when they had traded with them a whole Month, and came to them on the Land without so much as one Sword; and that it may not be lawful for your Majesty's Subjects, being charged first by them, to repel Force by Force; we may justly say, O miserable English! If Parker and Metham took Campeach and other Places in the Honduraes', seated in the Heart of the Spanish Indies, burnt Towns, killed the Spaniards, and had nothing said to them at their Return, and myself forbore to look into the Indies because I would not offend; I may justly say, O miserable Sir Walter Raleigh! If I spent my poor Estate, lost my Son, suffered by Sickness, and otherwise a world of Miseries; if I have resisted with the manifest hazard of my Life, the Robberies and Spoils which my Company would have made; if when I was Poor, I might have made myself Rich; if when I had gotten my Liberty, which all Men, and Nature itself do so much prize, I voluntarily lost it; if when I was sure of my Life, I rendered it again; if I might elsewhere have sold my Ship and Goods, and put 5 or 6000 Pound in my Pocket, and yet have brought her into England. I beseech your Majesty to believe, that all this I have done, because it should not be said to your Majesty, that your Majesty had given Liberty and Trust to a Man whose End was but the Recovery of his Liberty, and who had betrayed your Majesties Trust. My Mutineers told me that if I returned for England, I should be undone; but I believed in your Majesty's Goodness more than in all their Arguments. Sure I am, that I am the first that being free, and able to enrich myself, have embraced Poverty and Peril: And as sure I am, that my Example shall make me the last. But your Majesty's Wisdom and Goodness I have made my Judges, who have ever been, and shall ever be, Your Majesty's most humble Vassal, WALTER RALEIGH. But this Apology, though never so persuasive, could not satisfy Gondamor's Rage, who was resolved to sacrifice the only Favourite left of Queen Elizabeth, to the Spanish Interest: And who, as Osburn remarks, was the only Person of Essex's Enemies that died lamented; and the only Man of Note left alive, that had helped to beat the Spaniard in the Year 1588. Upon Thursday the 29th of Octob. 1618. Sir Walter Raleigh was conveyed by the Sheriffs of London to a Scaffold in the Old Palace at Westminster, where he was executed about nine of the Clock in the Morning of the same Day, Whose Confession and several Speeches there delivered, with his Gesture and Behaviour, were as follows. His first appearance upon the Scaffold, was with a smiling Countenance saluting the Lords, Knights, and Gentlemen, with others of his Acquaintance there present; when after a Proclamation of Silence by an Officer appointed, he addressed himself to speak in this manner. I desire to be born withal, because this is the third Day of my Fever: And if I show any weakness, I beseech you attribute it to my Malady, for this is the hour I look for it. Then pausing a while, directing himself towards a Window, where the Lord of Arundel, and the Lord of Doncaster, with some other Lords and Knights sat, with a loud Voice he said as followeth: I thank God of his infinite Goodness that he hath sent me to die in the sight of so Honourable an Assembly, and not in Darkness. But by reason the place where they sat was some distance from the Scaffold, that they could not easily hear him, he said, I will strain myself, for I would willingly have your Honours hear me. The L. of Arundel answered, We will come upon the Scaffold; where after he had saluted every one of them severally, he began as follows: As I said, I thank my God heartily that he hath brought me into the light to die, and not suffered me to die in the dark Prison of the Tower, where I have suffered a great deal of Adversity, and a long Sickness; and I thank God that my Fever hath not taken me at this time, as I prayed God it might not. There are two main Points of Suspicion that his Majesty hath conceived against me, wherein his Majesty cannot be satisfied, which I desire to clear and resolve you in: One is, That his Majesty hath been informed that I have had some Plot with France, and his Majesty had some Reason to induce him thereunto. One Reason that his Majesty had to conjecture so, was, that when I came back from Guiana, being come to Plymouth, I endeavoured to go to Rochel; which was because I would fain have made my Peace before I came to England. Another Reason was, that upon my Flight I did intend to fly to France for saving of my Life, having had some terror from above. A third Reason was, the French Agent's coming to me; and it was reported I had Commission from the King of France. But this I say, for a Man to call God to witness to a Falsehood at any time is a grievous sin, and what shall he hope for at the Tribunal Day of Judgement? But to call God to witness to a falsehood at the time of death, is far more grievous and impious, and there is no hope for such an one. And what should I expect that am now going to render an Account of my Faith? I do therefore call the Lord to witness, as I hope to be saved, and as I hope to see him in his Kingdom, which will be within this quarter of this hour, I never had any Commission from the King of France, nor any Treaty with the French Agent, nor with any from the French King; neither knew I that there was an Agent, or what he was, till I met him in my Gallery at my Lodging unlooked for. If I speak not true, O Lord, let me never come into thy Kingdom. The second Suspicion was, That his Majesty hath been informed; that I should speak dishonourably and disloyally of him. But my Accuser was a base Frenchman, a kind of a Chemical Fellow, one whom I knew to be Perfidious; for being drawn into this Action at Winchester, in which my Hand was touched, and he being sworn to secrecy over Night, revealed it in the Morning. But in this I speak now, What have have I to do with Kings? I have nothing to do with them, neither do I fear them: I have now to do with God, therefore to tell a Lie now to get the Favour of the King were in vain. Therefore, as I hope to be saved at the last Day, I never spoke dishonourably, disloyally, nor dishonestly of the King; neither to this Frenchman, nor to any other; neither had I ever in all my Life a thought of ill of his Majesty. Therefore I cannot but think it strange, that this Frenchman being so base, so mean a Fellow, should be so far credited; and so much for this Point. I have dealt truly, and I hope I shall be believed. I confess, I did attempt to escape, and I did dissemble and fain myself sick at Salisbury, but I hope it was no sin. The Prophet David did make himself a Fool, and did suffer spital to fall upon his Beard, to escape the hands of his Enemies, and it was not imputed to him as sin; and I did it to prolong Time till his Majesty came, hoping for some Commiseration from him. I forgive this Frenchman, and Sir Lewis Steuckly, and have received the Sacrament this Morning of Mr. Dean, and I do also forgive all the World. But thus much I am bound in Charity to speak of this Man, that all Men may take good heed of him: Sir Lewis Steuckley, my Kinsman and Keeper, hath affirmed that I should tell him, that I did tell my Lord Carew, and my Lord Doncaster of my present Escape; but I protest before God, I never told Steuckly any such thing, neither did I tell my Lord Carew, or my Lord Doncaster, of my pretended Escape. It was not likely that I should acquaint two Privy-Counsellors of my purpose; neither would I tell him, for he left me six, seven, eight, nine or ten days to go where I listed, while he road about the Country. Again, he accused me, that I should tell him, that my Lord Carew, and my Lord Doncaster would meet me in France: which was never my speech or thought. Thirdly, He accused me, That I showed him a Letter, and that I should give him 10000 l. for my Escape: but cast my Soul into everlasting fire if ever I made him offer of 10000 l. or 1000 l. but merely I showed him a Letter, that if he would go with me, his Debts should be paid when he was gone; neither had I 1000 l. for if I had had so much, I could have done better with it, and made my Peace otherwise. Fourthly; When I came to Sir Edward Pelham, who had been sometimes a follower of mine, who gave me good Entertainment; he gave out that I had received some dram of Poison in Sir Edward Pelham's House: when I answered, that I feared no such thing; for I was well assured of them in the House. Now God forgive him, for I do, and desire God to forgive him: I will not only say God is the God of Revenge, but I desire God to forgive him, as I hope to be forgiven. Then he looked over his Note of Remembrance; Well (saith he) thus far I have gone; now a little more, and I will have done by and by. It was told the King I was brought per force into England, and that I did not intend to come again: Whereas Captain Charles Parker, Mr. Tresham, Mr. Leak, and divers others that knew how I was dealt withal, shall witness for me: for the Common Soldiers (which were 150) mutined, and sent for me to come into the Gun-Room to them, (for at that time they would not come to me) and there was I forced to take an Oath, that I would not come into England till they would have me, else they would cast me into the Sea and drown me; afterwards they entered my Cabin and set themselves against me. After I had taken this Oath, with Wine and other things I drew the chiefest of them to desist, and at length persuaded them to go into Ireland: Then would they have gone into the North parts of Ireland, but I told them they were Redshanks: yet at last with much ado I persuaded them to go into the South parts; promising to get their Pardons: but was forced to give them 125 l. at Kinsale to bring them home, otherwise I had never got from them. There was a Report that I meant not to go to Guiana at all; and that I knew not of any Mine, nor intended any such matter, but only to get my Liberty, which I had not the wit to keep. But it was my full intent to go for Gold, for the benefit of his Majesty, and those that went with me, with the rest of my Countrymen: But he that knew the Head of the Mine, would not discover it when he saw my Son was slain, but made himself away. Then he turned to my Lord of Arundel and said, Being in the Gallery in my Ship at my Departure, Your Honour took me by the hand, and said you would request me one thing, that was, That whether I made a good Voyage or bad, yet I should return again into England; when I made you a Promise, and gave you my Faith that I would: And so you did (answered my Lord) it is true, they were the last words I spoke unto you. Another Opinion was, that I carried to Sea with me 1600 Pieces, and that was all the Voyage I intended, only to get Money into my Hands, and that I had weighed my Voyage before: whereas I protest I had but 100 Pound in all the World, whereof I gave 25 Pounds to my Wife: the Reason of this Speech was this; there was entered 20000 Pound, and yet but 4000 Pound in the Surveyors Book; now I gave my Bill for the other 16000 Pound for divers Adventurers, but I protest I had not a Penny of Money more than 100 Pound, as I hope to be saved. Another Slander was raised, that I would have gone away from them and left them at Guiana, but there were a great many of worthy Men that accompanied me always, as my Sergeant Major George Raleigh, and divers others (which he then named) that knew my Intent was nothing so. And these be the Material Points I thought good to speak of; I am now at this instant to render my Account to God, and I protest as I shall appear before Him, this that I have spoken is true. I will speak but a word or two more, because I will not trouble Mr. Sheriff too long. There was a Report spread, that I should rejoice at the Death of my Lord of Essex, and that I should take Tobacco in his presence; when as I protest I shed Tears at his Death, though I was one of the contrary Faction; and at the time of his Death I was all the while in the Armoury at the further end, where I could but see him; I was sorry that I was not with him, for I heard he had a desire to see me, and be reconciled to me. So that I protest I lamented his Death, and good cause had I, for it was the worse for me as it proved, for after he was gone I was little beloved. And now I entreat you all to join with me in Prayer, that the great God of Heaven, whom I have grievously offended, being a Man full of all Vanity, and have lived a sinful Life, in all sinful Callings, having been a Soldier, a Captain, a Sea-Captain, and a Courtier, which are all places of Wickedness and Vice; that God (I say) would forgive me, and cast away my Sins from me, and that he would receive me into everlasting Life. So I take my leave of you all, making my Peace with God. Then Proclamation being made that all Men should depart the Scaffold, he prepared himself for Death, giving away his Hat and wrought Nightcap, and some Money to such as he knew that stood near him: Taking his leave of the Lords, Knights, and other Gentlemen, and among the rest taking his leave of the Lord of Arundel, he thanked him for his Company, and entreated him to desire the King, that no scandalous Writing to defame him might be published after his Death; saying further unto him, I have a long journey to go, and therefore will take my leave. Then putting off his Gown and Doublet, he called to the Headsman to show him the Axe, which being not presently showed him, he said, I pray thee let me see it▪ Dost thou think that I am afraid of it? And having it in his hands, he felt along upon the Edge of it, and smiling spoke to the Sheriff, saying, This is a sharp Medicine, but it is a Physician for all Diseases. Then going to and fro upon the Scaffold, on every side he prayed the Company to pray to God to assist him and strengthen him. And so being asked which way he would lay himself, on which side the Block, as he stretched himself along and laid his Head on the Block, he said, So the Heart be right, it is no matter which way the Head lieth. And then praying, after he had forgiven the Headsman, having given him a Sign when he should do his Office, at two blows he lost both Head and Life, his Body never shrinking nor moving. His Head was showed on each side of the Scaffold, and then put into a Red-Leather Bag, and his wrought Velvet Gown thrown over it, which was afterwards conveyed away in a Mourning Coach of his Ladies. The large effusion of Blood which proceeded from his Veins, amazed the Spectators, who conjectured he had stock enough left of Nature to have survived many years, though now near fourscore years old. He behaved himself at his Death with so High and so Religious a Resolution, as if a Christian had acted a Roman, or rather a Roman a Christian: And by the Magnanimity which was then conspicuous in him, he abundantly baffled their Calumnies who had accused him of Atheism. Various were the Resentments of his Death, and several Pasquil's (as it always happens on such Occasions) were scattered abroad. Of the Gallantry of his Behaviour on the Scaffold, these following Verses may give a Confirmation, and a Taste of the Poetry of those Times. Upon Sir Walter Raleighs Execution and Death. Great Heart! who taught thee so to die? Death yielding thee the Victory. Where took'st thou leave of Life? If here, How couldst thou be so far from Fear? But sure thou dyed'st, and quitd'st the state Of Flesh and Blood, before that Fate. Else what a Miracle were wrought To triumph both in Flesh and Thought. I saw in every Slander by Pale Death, Life only in thy Eye. Farewell; Truth shall this Story say, We died, Thou only livd'st that Day. Or if the Reader pleases, he may take this following Elegy, composed on the same Subject, by a Sacred Wit of those times. An ELEGY on Sir W. R. I will not weep: for 'twere as great a sin To shed a Tear for Thee, as to have been An Actor in thy Death. Thy Life and Age Was but a various Scene on Fortune's Stage; With whom Thou tugg'st and strov'st, even out of breath, In thy long Toil, ne'er mastered till thy Death; And then, despite of Trains, and cruel Wit, Thou didst at once subdue Malice, and it. I dare not then so blast thy Memory, As t' say I do lament or pity Thee. Were I to choose a Subject to bestow My Pity on▪ he should be one as low In Spirit as Desert: That durst not die, But rather were content by Slavery To purchase Life: Or would I pity those Thy most industrious and friendly Foes, Who when they thought to make Thee Scandals story, Lent Thee a swifter Flight to Heaven and Glory. They thought by cutting off some withered Days, (Which thou couldst spare them) to eclipse thy Praise; Yet gave it brighter Foil, made thy aged Fame Appear more white and fair, than foul their Shame; And did promote an Execution, Which, but for them, Nature and Age had done. Such worthless Things as these are only born To live on Pity's Alms, (too mean for Scorn.) Thou didst an env'ous Wonder, whose high Fate The World must still admire, scarce imitate. Thus died that Knight who was Spain's Scourge and Terror, and Gondamor's Triumph; whom the whole Nation pitied, and several Princes interceded for; Queen Elizabeth's Favourite, and her Successors Sacrifice. A Person of so much Worth and so great Interest, that King James would not execute him without an Apology. One of such incomparable Policy, that he was too hard for Essex, was the Envy of Leicester, and Cecil's Rival; who grew jealous of his Excellent Parts, and was afraid of being supplanted by him. His Head was wished on the Secretary's shoulders, and his Life valued by some at a higher rate than the Infanta of Spain, though a Lady incomparably excelling in both the Gifts of Mind and Body. Authors are perplexed under what Topick to place him, whether of Statesman, Seaman, Soldier, Chemist, or Chronologer; for in all these he did excel. He could make every thing he read or heard his own, and his own he could easily improve to the greatest Advantage. He seemed to be born to that only which he went about, so Dexterous was he in all his Undertake, in Court, Camp, by Sea, by Land, with Sword, with Pen. Witness in the last, his History of the World. History of Guiana. His Remains. judicious and Select Essays, and Observations on the first Invention of Shipping, the Misery of Invasive War, the Navy Royal and Sea-Service, with his Apology for his Sea-Voyage to Guiana. Wars with foreign Princes dangerous to our Commonwealth, or Reasons for foreign Wars answered. 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