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99. The Case of EDMUND PEACHAM, for Treason, 1615 (N.)
109. The Trial of Robert CARR, Earl of SOMERSET, for the Murder of Sir
74. The Trial of Sir WALTER RALEIGH, knt. at Winchester, for High
Treason : 1 JAMES I. 17th of November, A. D. 1603.
The Commissioners were, Henry Howard, kingdom ; and that then and there it was earl of Suffolk, Lord Chamberlain; Charles agreed, that Cobham should treat with AremBlunt, earl of Devon; lord Henry Howard, berg, embassador from the archduke of Austria, afterwards earl of Northampton; Robert Cecil, to obtain of biin 600,000 crowns, to bring to earl of Salisbury: Edward lord Wotton of pass their intended treason. It was agreed Morley ; sir Jobri Stanhope, Vice Chamberlain, that Cobham should go to the archduke Albert, L.C. Justice of England, Popham; L. C. Justice to procure him to advance the pretended title of the Common-Pleas, Anderson ; Mr. Justice of Arabella : from thence knowing that Albert Gawdie; Justice Warburton; and sir W. Wade. had not sufficient means to maintain his own
First, the Commission of Oyer and Terminer army in the Low Countries, Cobham should go was read by the Clerk of the Crown Office; and the prisoner bid to bold up his hand. lady was daughter to Charles Stuart, (younger
And then presently the INDICTMENT, which brother to our king's father) by Elizabeth Čawas in effect as followeth:
vendish, and was married some years past to sic “ That he did conspire, and go about to William Seymour, son to the lord Beauchamp, deprive the king of his Gorernment; to and grandchild to Edward earl of Hertford; raise up Sedition within the realm ; to alter both at some distance allied to the crown, religion, to bring in the Roman Superstition therefore such a conjunction would not be adand to procure foreign enemies to invade mitted in the Royal Almanack; so dreadful is the kingdom. That the lord Cobham, the 9th every apparition that comes near princes titles, of June last, did meet with the said sir Walter Sir William Seymour for the marriage was comRaleigh in Durham-house, in the parish of St. mitted to the Tower, and the lady Arabella conMartin's in the fields, and then and there had fined to her house at High-gate. But after some conference with him, how to advance Arabella imprisonment, they conclude to escape beyond Stuart * to the crown and royal throne of this sea together; appointing to meet at a certain
place upon the Thames. Sir William leaving his This Arabella Stuart was daughter of man in his bed, to act his part with his keeper, Charles Stuart earl of Lennox, brother of fienry got out of the Tower in a disguise, and came to lord Darnley father of king James the 1st. the place appointed. She, dressed like a young These Charles and Henry were sons of Mar- gallant in man's attire, followed him from her garet the daughter of Margaret eldest sister of house; but staying long above the limited time, Henry 8th, and mother of James the 5th of made him suspicious of her interception; so Scotland, father of the celebrated Mary the that he went away, leaving notice if she came, mother of James the 1st of England. The con- that he was gone away before to Dunkirk. temporary historian Wilson, öfter mentioning She, good lady, fraught with more fears, and the poisoning of Overbury, writes thus: “ The lagging in her flight, was apprehended, brought lady' Arabella dying about this time in the back to the Tower, and there finished her' Tower, set mens tongues and fears at work, carthly pilgrimage. She being dead, sir Wilthat she went the saine way. Such mischief liam Seymour got leave to return home, and doth one evil action introduce, that it makes a married since to the lady Frances, daughter to great road for jealousy to pureue atier it. The the late earl of Essex.”
to Spain to procure the king to assist and further To the Indictment, Sir Walter Raleigh plead. her pretended title.-It was agreed, the better ed Not Guilty. to effect all this Conspiracy, that Arabella should The Jury were sir Ralph Conisby, sir Thomas write three Letters, one to the Archduke, Fowler, sir Edward Peacock, sir Wm. Rowe, another to the king of Spain, and a third to knights; Henry Goodyer, Thomas Walker, Ror the duke of Savoy; and promise three things : ger Wood, Thomas Whitby, esquires; Tho. -1. To establish a firin Peace between Eng- Highgate, Robert Kempton, John Chawkey, land and Spain. 2. To tolerate the Popish and Robert Bromley, gentlemen. Roman Superstition. 3. To be ruled by them Sir Walter Raleigh, Prisoner, was asked, in contracting of her Marriage. And for the whether he would take exceptions to any of ellecting of these traiterous purposes, Cobbam the Jury? should return by the isle of Jersey, and should Ralrigh. I know none of them; they are find sir Walter Raleigh captain of the said all Christians, and honest gentlemen, I except Isle, there, and take counsel of Raleigh for the against none. distributing of the aforesaid crowns, as the E. of Suffolk. You gentlemen of the king's occasion or discontentment of the subjects learned Counsel, follow the same course should give cause and way.- And further, That you did the other day. Cobham and his brother Brook met on the Raleigh. My lord, I pray you I niay an9th of June last, and Cobham told Brook all swer the points particularly as they are delithese Treasons : to the which Treasons Brook vered, by reason of the weakness of my me. gave his assent, and did join himself to all these. mory and sickness. And atter, on the Thursday following, Cobham L. C. J. Pophum. After the king's learned and Brouk did speak these words; • Tbat there council have delivered all the Evidence, sir would never be a good world in England, till Walter, you may answer particularly to what the king' (tr.eaning our sovereign lord) and you will. his cubs' (meaning his royal issue)' were taken Heale, the King's Serjeant. You have heard away:'-And the more to disable and deprive of Raleigh's bloody atiempts to kill the king the king of his crown, and to confirm the said and bis royal progeny, and in place thereof, Cobhain in bis intenis, Raleigh did publish a to advance one Arabella Stuart. The particuBook, falsly written agajost the most just and lars of the Indictment are these : First, that rüyal Title of the king, knowing the said Book Raleigh met with Cobham the 9th of June, to be written against the just Title of the king; and had Conference of an Invasion, of a Rewhich Book Cobhain after that received of him. bellion, and an Iosurrection, to be made by Further, for the better effecting these traiterous the king's subjecis, to depose the king, and to purposes,
aud to establish the said Brook in bill his children, poor babes that never gave bis intent, the said Cobham did deliver the ofience. Here is blood, here is a new king said Book unto him the 14th of June. And and governor. In our king consists all our further, the said Cobham, on the 10th of June, happiness, and the true use of the Gospel; a for accomplishment of the said Conference, thing which we all evish to be settled, atier the and by the traiterous instigation of Raleigh, did death of the queen. Here must be Money to move Brook to incite Arabella lo write to the do this, for money is the sinew of war. Where three forenamed princes, to procure them to should that be had? count Aremberg must advance her Title; and that she after she bad procure it of Philip king of Spain, five or six obtained the crown, sbould promise to per- hundred thousand crowns; and out of this form three things, viz. 1. Peace between Eng- sum Raleigh must have 8000. But what is land and Spain. 2. To tolerate with impunity that count Aremberg? Though I am no good the Popish and Roman Superstitions. 3. To Frenchman, yet it is as much as to say in Engbe ruled by them three in the contracting of lish, earl of Aremberg. Then there must be her inarriage – To these motions the said Friends to effect this: Cobbam must go to AlBrook gave his assent. And for the better et- bert archduke of Austria, for whom Arenberg fecting of the said Treasons, Cobham on the was ambassador at that time in England. And 17th of June, by the instigation of Raleigh, what then? lle must persuade the duke to asdid write Letters to count Arembers, and did sist the pretended title of Arabella. From deliver the said Letters to oue Matthew de bence Cobham must go to the king of Spain, Lawrency, to be delivered to the said count, and persuade him to assist the said title. Since which he did deliver, for the obtaining of the the Conquest, there was never the like Trea600,000 crowns; which money by other Lel-son. But out of whose head came it? Out of ters count Aremberg did promise to perform Raleigh's, who must also advise Cobham ta the payment of; and this Leiter Cubhum re use his brother Brook to incite the lady Araceived the 18th of June. And then did Cob- bella to write three several Letters, as afore. ham promise to Raleigh, that when he had re- seid in ihe Indictment: l this was on the 9th ceived the said mouey, he would deliver 8000 of June. Then three days after, Brook was crowns to him, to which motion he did consent; acquainted with it. Atier thuis, Cobbam said and afterwards Cobhain oftered Brook, that after to Brouk, . It will never be well in England, he should receive the said crowns, he would give till the king and his 'cubs' are taken away.' to him 10,000 thereof; to which motion Brook Afterwards, Raleigh delivered a book to Cobdid assent."
bam, treacherously written against the Title of
the king. It appears that Cobham tnok Ra- | tice's coat. Grey must be Earl-Marshal, and leigd to be either a God, or an idol. Cobham Master of the Horse, because he would have a endeavours to set up a new king, or guvernor; table in the court ; marry, he would advance God forbed mine eyes should ever see so un the earl of Worcester to a higher place. All happy a change. As for the lady Arabella, she, this cannot be done without a multitude : apoa my conscience, bath no more Title to the therefore Watson the priest tells a resolute man, crown than I have, which before God I utterly that the king was in danger of Puritans and renounce. Cobham, a man bred in England, Jesuits ; so to bring him in blindfold into the hath no experience abroad; but Raleigh, a action, saying, That the hing is no king till he man of great wit, military, and a sword-man. be crowned; therefore every man might right Now, whether these things were bred in a his own wrongs : but he is rer natus, his dighollow tree, I leave to them to speak of, who nity descends as well as yours, iny lords. Then can speak far better than myselt.-And so sat Watson imposeth a blasphemous Oath, that him down again.
they should swear to detend the king's person; Attorney General (Sir Ed. Coke) I must to keep secret what was given them in charge, krst, my lords, before I come to the cause, give and seek all ways and means to advance the one caution, because we shall often mention Catholic Religion. Then they intend to send persons of eminent places, some of them great for the Lord Mayor and the Aldermen, in the monarchs : whatever we say of thein, we shall king's name, to the Tower ; lest they should bet repeat what others have said of them; I make any résistance, and then to take hostages sean the Capital Offenders in their Confess of them; and to enjoin them to provide for sions. We professing law, must speak reve-them victuals and munition. Grey, because restly of kings and potentates. i perceive the king removed before Midsummer, had a these honourable lords, and the rest of this further reach, to get a Company of Sword-men great asseinbly, are coine to hear what bath to assist the action : therefore he would stay been scattered npon the wrack of report. We till he had obtained a regiinent from Ostend or carry a just miod, to condemn no man, but Austria. So you see these Treasons were like upon plain Evidence. Here is Mischiet, Mis- Sampson's foxes, which were joined in their chief in summo gradu, exorbitant Mischief. tails, though their heads were severed. My Speech shall chiefly touch these three Raleigh. You Gentlemen of the Jury, I points; Imitation, Supportation, and Defence. pray reinember, I am not charged with the -The Iinitation of evil ever exceeds the Prece- Bye, being the Treason of the priest. dent; as on the contrary, imitation of good Attorney. You are nut. My lords, you ever comes short. Mischief cannot be sup- shall observe three things in the Treasons: 1. ported but by Mischief; yea it will so multiply, They had a Watch-word (the king's safety); ibat it will bring all to confusion. Mischief is their Pretence was Bonum in se ; their Intent ever underpropped by falshood or foul practices: was Mulum in se ; 2. They avouched Scripand because all these things did concur in this ture; both the priests had Scriptum est ; perTreason, you shall understand the main, as verting and ignorantly mistaking the Scriptures : before you did the bye.—The Treason of the 3. They avouched the Common Law, to prove bye consisteth in these Points: first, that the that he was no king until he was crowned ; tord Grey, Brook, Markham, and the rest, in- alledging a Statute of 13 Eliz. This, by way of tended by force in the nig'it to surprize the Imitation, hath been the course of all Traitors. king's court; which was a Rebellion in the - In the 20th of Edw. 2. Isabella the Queen, heart of the realın, yea, in the heart of the and the lord Mortimer, gave out, that the king's beart, in the Court. They intended to take Person was not safe, for the good of the Church him that is a sovereign, to make bim subject to and Commonwealth. The Bishop oi Carlisle their power, purposing to open the doors with did preach on this Text, “My head is grieved,' musquets and cavaliers, and to take also the meaning by the lead, the King ; what when Prince and Council : then under the king's the lead began to be negligent, the people authority to carry the king to the Tower; might reform what is amiss. In the Srd of and to inake a stale of the admiral. When Henry 4, sir Roger Clarendon, accompanied they had the king there, to extort three with two priests, gave out, that Richard 2, was things from him : first, A Pardon for all their alire, when he was dead Edward 3 caused Treasons: Secondly, Á Toleration of the Ro- Mortimer's head to be cut off, for giving man Superstition; which their eyes shall sooner counsel to murder the king. The 3rd of fall out than they shall ever see; for the king Henry 7. sir llenry Stanley found the crown in hath spoken these words in the hearing of the dust, and set it on the king's he:d : aben many, I will lose the crown and my life, Fitzwater and Garret told him, that Edward 5 before ever I will alter Religion.' And thirdly, was alive, he said, “ If he he alive, I will assist To renove Counsellors. In the room of the bim.' But this cost him his head, Edmund de Lord Chancellor, they would have placed one la Pole, duke of Suffolk, killed a man in the Watson a priest, absurd in Humanity and ig- reign of king Ilenry 7, for which the king would Dorant in Divinity. Brook, of whom I will have him hold up his hand at the bar, and then speak nothing, Lord Treasurer.
pardoned him: Yet he took such an offence Secretary must be Markham ; Oculus patria. thereat, that he sent to the poblemen to help to A hole must be found in mny Lord Chief Jug- reform the Commonwealth; and then said, he