COMPLETE COLLECTION OF State Trials. 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, earl of Suffolk, Lord Chamberlain; Charles Blunt, earl of Devon; lord Henry Howard, afterwards earl of Northampton; Robert Cecil, earl of Salisbury: Edward lord Wotton of Morley; sir John Stanhope, Vice Chamberlain, L.C. Justice of England, Popham; L. C. Justice of the Common-Pleas, Anderson; Mr. Justice Gawdie; Justice Warburton; and sir W. Wade, First, the Commission of Oyer and Terminer was read by the Clerk of the Crown Office; and the prisoner bid to hold up his hand. And then presently the INDICTMENT, which 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 kingdom. That the lord Cobham, the 9th 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 This Arabella Stuart was daughter of Charles Stuart earl of Lennox, brother of Henry lord Darnley father of king James the 1st. These Charles and Henry were sons of Margaret the daughter of Margaret eldest sister of Henry 8th, and mother of James the 5th of Scotland, father of the celebrated Mary the mother of James the 1st of England. The contemporary historian Wilson, after mentioning the poisoning of Overbury, writes thus: "The lady Arabella dying about this time in the Tower, set mens tongues and fears at work, that she went the same way. Such mischief doth one evil action introduce, that it makes a great road for jealousy to pursue after it. The VOL. II. kingdom; and that then and there it was agreed, that Cobham should treat with Aremberg, embassador from the archduke of Austria, to obtain of him 600,000 crowns, to bring to pass their intended treason. 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 lady was daughter to Charles Stuart, (younger brother to our king's father) by Elizabeth Cavendish, and was married some years past to sir William Seymour, son to the lord Beauchamp, and grandchild to Edward earl of Hertford; both at some distance allied to the crown, therefore such a conjunction would not be admitted in the Royal Almanack; so dreadful is every apparition that comes near princes titles. Sir William Seymour for the marriage was committed to the Tower, and the lady Arabella confined to her house at High-gate. But after some imprisonment, they conclude to escape beyond sea together; appointing to meet at a certain place upon the Thames. Sir William leaving his man in his bed, to act his part with his keeper, got out of the Tower in a disguise, and came to the place appointed. She, dressed like a young gallant in man's attire, followed him from her house; but staying long above the limited time, made him suspicious of her interception; so that he went away, leaving notice if she came, that he was gone away before to Dunkirk. She, good lady, fraught with more fears, and lagging in her flight, was apprehended, brought back to the Tower, and there finished her earthly pilgrimage. She being dead, sir William Seymour got leave to return home, and married since to the lady Frances, daughter to the late earl of Essex." To the Indictment, Sir Walter Raleigh pleaded Not Guilty. The Jury were sir Ralph Conisby, sir Thomas Fowler, sir Edward Peacock, sir Wm. Rowe, knights; Henry Goodyer, Thomas Walker, Ro ger Wood, Thomas Whitby, esquires; Tho. Highgate, Robert Kempton, John Chawkey, Robert Bromley, 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. of Suffolk. You gentlemen of the king's learned Counsel, follow the same course as you did the other day. L. C. J. Popham. After the king's learned council have delivered all the Evidence, sir Walter, you may answer particularly to what you will. 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: -1. To establish a firm Peace between England and Spain. 2. To tolerate the Popish and Roman Superstition. 3. To be ruled by them in contracting of her Marriage.—And for the effecting of these traiterous purposes, Cobham should return by the isle of Jersey, and should find sir Walter Raleigh captain of the said Isle, there, and take counsel of Raleigh for the distributing of the aforesaid crowns, as the occasion or discontentment of the subjects should give cause and way.—And further, That Cobham and his brother Brook met on the Raleigh. My lord, I pray you I may an9th of June last, and Cobham told Brook all swer the points particularly as they are delithese Treasons: to the which Treasons Brookvered, by reason of the weakness of my megave his assent, and did join himself to all these. mory and sickness. 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, falsly written against the most just and royal Title of the king, knowing the said Book to be written against the just Title of the king; which Book Cobhain after that received of him. Further, for the better effecting these traiterous purposes, and to establish the said Brook in his intent, the said Cobham did deliver the Said Book unto him the 14th of June. And further, the said Cobham, on the 16th of June, for accomplishment of the said Conference, and by the traiterous instigation of Raleigh, did move Brook to incite Arabella to write to the three forenamed princes, to procure them to advance her Title; and that she after she had obtained the crown, should promise to perform three things, viz. 1. 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 17th 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 600,000 crowns; which money by other Letters count Aremberg did promise to perform the payment of; and this Letter Cobham received the 18th 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 10,000 thereof; to which motion Brook did assent." Heale, the King's Serjeant. You have heard of Raleigh's bloody attempts to kill the king and his royal progeny, and in place thereof, to advance one Arabella Stuart. The particulars of the Indictment are these: First, that Raleigh met with Cobham the 9th 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 wish 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 8000. But what is that count Aremberg? Though I am no good Frenchman, yet it is as much as to say in Engish, 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 Raleigh's, who must also advise Cobham to use his brother Brook to incite the lady Arabella to write three several Letters, as aforesaid in the Indictment: all this was on the 9th 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 Cobbam, treacherously written against the Title of the king. It appears that Cobham took Ra- | tice's coat. Grey must be Earl-Marshal, and leigh 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 sword-man. Now, whether these things were bred in a hollow tree, I leave to them to speak of, who can speak far better than myself.-And so sat him down again. Master of the Horse, because he would have a table in the court; marry, he would advance the earl of Worcester to a 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 intend to send for the Lord Mayor and the Aldermen, in the king's name, to the Tower; lest they should make any resistance, and then to take hostages of them; and to 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 Sword-men to assist the action: therefore he would stay till he had obtained a regiment from Ostend or Austria. So you see these Treasons were like 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 Bye, being the Treason of the priest. Attorney. You are not. My lords, you shall observe three things in the Treasons: 1. They had a Watch-word (the king's safety); their Pretence was Bonum in se; their Intent was Malum in se; 2. They avouched Scripture; both the priests had Scriptum est; perverting and ignorantly mistaking the Scriptures: 3. They avouched the Common Law, to prove that he was no king until he was crowned; alledging a Statute of 13 Eliz. This, by way of Imitation, hath been the course of all Traitors. Attorney General (Sir Ed. Coke) I must first, my lords, before I come to the cause, give one caution, because we shall often mention persons of eminent places, some of them great monarchs: whatever 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 underpropped by falshood or foul practices: and because all these things did concur in this Treason, you shall understand the main, as before you did the bye.-The Treason of the bye consisteth in these Points: first, that the lord Grey, Brook, Markham, and the rest, intended by force in the night to surprize the king's court; which was a Rebellion in the In the 20th of Edw. 2. Isabella the Queen, heart of the realin, yea, in the heart of the and the lord Mortimer, gave out, that the king's heart, in the Court. They intended to take Person was not safe, for the good of the Church him that is a sovereign, to make him subject to and Commonwealth. The Bishop of 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 Head, the King; what when Prince and Council: then under the king's the Head began to be negligent, the people authority to carry the king to the Tower; night reform what is amiss. In the 3rd of and to make 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 alive, when he was dead. Edward 3 caused Treasons: Secondly, A 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 Henry Stanley found the crown in hath spoken these words in the hearing of the dust, and set it on the king's head: when 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 be alive, I will assist To remove Counsellors. In the room of the him.' 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 Henry 7, for which the king would norant in Divinity. Brook, of whom I will speak nothing, Lord Treasurer. The great Secretary must be Markham; Oculus patria. A hole must be found in my Lord Chief Jus 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 on discontented persons, to raise Rebellion on Raleigh. Let me answer for myself. Raleigh. It concerneth my life. L. C. J. 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 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 thence Cobham went with Lawrency, a servant of Aremberg's, unto him, and went in by a back way. 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 and Lawrency came back to Durham-house, where they found Raleigh, Cobham and Raleigh went up, and 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. justice Catlin said, 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 corde 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.-left Lawrency below, where they had secret, 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 læsæ majestatis; this goeth further, and may be termed, Crimen extirpandæ regia majestatis, & totius progenici suæ. 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 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 notoriest 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 Bye 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 crucified 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 conference in a gallery; and after, Cobham Raleigh. You tell me news, Mr. Attorney. Raleigh. Did I ever speak with this lady? done. Englishmen will not be led by persua- Raleigh. The Book was written by a man of your profession, Mr. Attorney. Att. I would not have you impatient. Raleigh. Methinks you fall out with your self; I say nothing. Att. 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 sword man; Raleigh was both, united in the Cause with him, and therefore cause of his destruction. Another circumstance is, the secret contriving of it. Humphry Stafford claimed Sanctuary for Treason, Raleigh, in his Machiavelian 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 acquaint⚫ed; 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 con'fessed nothing.' Further, you sent to him by your trusty Francis Kemish, that one Witness could not condemn: and therefore bad his lordship be of good courage. Came this out of Cobham's quiver? No but out of Raleigh's Machiavelian and devilish policy. Yea, but Cobham did retract it; why then did ye 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 bad 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. Att. 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 fore 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 Dr. 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 be 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, then 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 Letter Raleigh devised in Cobham's name. Raleigh. I will wash my hands of the Indictment, and die a true man to the king. Att. You are the absolutest Traitor that ever was. Raleigh. Your phrases will not prove it. Att. Cobham writeth a Letter to my lord Cecil, and doth will Mellis's 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. Att. 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 authorized, and the good of us all. Kaleigh. 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? Alt. 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. Att. Have I angered you? Raleigh. I am in no case to be angry. C. J. 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. The Lord COBHAM'S Examination. "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 600,000 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.'] "Besides he spake 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 delivered 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 : Shakespear, in all probability, alludes to this, when he makes sir Toby in giving directions to sir Andrew for his challenge to Viola, say, If thou thous't him some thrice, it may not be amiss." See Twelfth Night. |