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 Cobham after that received of him . (RALEIGH-E2-P1,1,213.2) 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 . (RALEIGH-E2-P1,1,213.3) 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. 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 . (RALEIGH-E2-P1,1,213.4) To these Motions the said Brook gave his Assent . (RALEIGH-E2-P1,1,213.5) 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 , (RALEIGH-E2-P1,1,213.6) 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 Crowns ; which Money by other Letters Count Aremberg did promise to perform the Payment of ; (RALEIGH-E2-P1,1,213.7) and this Letter Cobham received the 18th of June . (RALEIGH-E2-P1,1,213.8) And then did Cobham promise to Raleigh , that when he had received the said Money , he would deliver Crowns to him , to which Motion he did consent ; (RALEIGH-E2-P1,1,213.9) and afterwards Cobham offered Brook , that after he should receive the said Crowns , he would give to him thereof ; to which Motion Brook did assent . (RALEIGH-E2-P1,1,213.10) To the Indictment , Sir Walter Raleigh pleaded Not Guilty . (RALEIGH-E2-P1,1,213.11) The Jury . (RALEIGH-E2-P1,1,213.12) Sir Ralph Conisby , Sir Edward Peacock , Sir Thomas Fowler , Sir William Rowe , Knights . Henry Goodyer , Roger Wood , Thomas Walker , Thomas Whitby , Esquires . Thomas Highgate , John Chawkey , Robert Kempton , Robert Bromley , Gentlemen . (RALEIGH-E2-P1,1,213.13) Sir Walter Raleigh , Prisoner , was asked , Whether he would take exceptions to any of the Jury ? (RALEIGH-E2-P1,1,213.14) Raleigh . I know none of them ; (RALEIGH-E2-P1,1,213.15) they are all Christians , and honest Gentlemen , (RALEIGH-E2-P1,1,213.16) I except against none . (RALEIGH-E2-P1,1,213.17) E. Suffolk . You Gentlemen of the King's Learned Counsel , follow the same course as you did the other day . (RALEIGH-E2-P1,1,213.18) 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 . (RALEIGH-E2-P1,1,213.19) L. C. Just. Popham . After the King's Learned Council have delivered all the Evidence , Sir Walter , you may answer particularly to what you will . (RALEIGH-E2-P1,1,213.20) Heale , the King's Serjeant at Law . 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 . (RALEIGH-E2-P1,1,213.21) The Particulars of the Indictment are these : (RALEIGH-E2-P1,1,213.22) 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 . (RALEIGH-E2-P1,1,213.23) Here is Blood , (RALEIGH-E2-P1,1,213.24) here is a new King and Governor . (RALEIGH-E2-P1,1,213.25) 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 . (RALEIGH-E2-P1,1,213.26) Here must be Money to do this , (RALEIGH-E2-P1,1,213.27) for Money is the Sinew of War . (RALEIGH-E2-P1,1,213.28) Where should that be had ? (RALEIGH-E2-P1,1,213.29) Count Aremberg must procure it of Philip King of Spain , five or six Hundred Thousand Crowns ; (RALEIGH-E2-P1,1,213.30) and out of this Sum Raleigh must have Eight Thousand . (RALEIGH-E2-P1,1,213.31) But what is that Count Aremberg ? (RALEIGH-E2-P1,1,213.32) Though I am no good Frenchman , yet it is as much as to say in English , Earl of Aremberg . (RALEIGH-E2-P1,1,213.33) Then there must be Friends to effect this : (RALEIGH-E2-P1,1,213.34) Cobham must go to Albert Archduke of Austria , for whom Aremberg was Embassador at that time in England . (RALEIGH-E2-P1,1,213.35) And what then ? (RALEIGH-E2-P1,1,213.36) He must persuade the Duke to assist the pretended Title of Arabella . (RALEIGH-E2-P1,1,213.37) From thence Cobham must go to the King of Spain , and persuade him to assist the said Title . (RALEIGH-E2-P1,1,213.38) Since the Conquest , there was never the like Treason . (RALEIGH-E2-P1,1,213.39) But out of whose Head came it ? (RALEIGH-E2-P1,1,213.40) 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 : (RALEIGH-E2-P1,1,213.41) all this was on the 9th of June . (RALEIGH-E2-P1,1,213.42) Then three Days after , Brook was acquainted with it . (RALEIGH-E2-P1,1,213.43) After this , Cobham said to Brook , It will never be well in England , till the King and his Cubs are taken away . (RALEIGH-E2-P1,1,213.44) Afterwards , Raleigh delivered a Book to Cobham , treacherously written against the Title of the King . (RALEIGH-E2-P1,1,213.45) It appears that Cobham took Raleigh to be either a God , or an Idol . (RALEIGH-E2-P1,1,213.46) Cobham endeavours to set up a new King , or Governor : (RALEIGH-E2-P1,1,213.47) God forbid mine Eyes should ever see so unhappy a Change . (RALEIGH-E2-P1,1,213.48) As for the Lady Arabella , she , upon my Conscience , hath no more Title to the Crown $than {TEXT:that} I have , which before God I utterly renounce . (RALEIGH-E2-P1,1,213.49) Cobham , a Man bred in England , hath $no {TEXT:on} Experience abroad ; (RALEIGH-E2-P1,1,213.50) but Raleigh , a Man of great Wit , Military , and a Sword-Man . (RALEIGH-E2-P1,1,213.51) Now whether these things were bred in a hollow Tree , I leave to them to speak of , who can speak far better than myself . (RALEIGH-E2-P1,1,213.52) And so sat him down again . (RALEIGH-E2-P1,1,213.53) Sir Ed. Coke , 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 Monarchs : (RALEIGH-E2-P1,1,214.55) Whatever we say of them we shall but repeat what others have said of them ; (RALEIGH-E2-P1,1,214.56) I mean the Capital Offenders in their Confessions . (RALEIGH-E2-P1,1,214.57) We professing Law , must speak reverently of Kings and Potentates . (RALEIGH-E2-P1,1,214.58) 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 . (RALEIGH-E2-P1,1,214.59) We carry a just Mind , to condemn no Man , but upon plain Evidence , (RALEIGH-E2-P1,1,214.60) Here is Mischief , Mischief in summo gradu , exorbitant Mischief . (RALEIGH-E2-P1,1,214.61) My Speech shall chiefly touch these three Points ; Imitation , Supportation , and Defence . (RALEIGH-E2-P1,1,214.62) The Imitation of Evil ever exceeds the Precedent ; (RALEIGH-E2-P1,1,214.63) as on the contrary , Imitation of Good ever comes short . (RALEIGH-E2-P1,1,214.64) Mischief $can $not {TEXT:cannot} be supported but by Mischief ; (RALEIGH-E2-P1,1,214.65) yea , it will so multiply , that it will bring all to Confusion . (RALEIGH-E2-P1,1,214.66) Mischief is ever underprop'd by Falshood or foul Practices : (RALEIGH-E2-P1,1,214.67) and because all these things did concur in this Treason , you shall understand the Main , as before you did the Bye . (RALEIGH-E2-P1,1,214.68) The Treason of the Bye consisteth in these Points : (RALEIGH-E2-P1,1,214.69) 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 Heart of the Realm , yea , in the Heart of the Heart , in the Court . (RALEIGH-E2-P1,1,214.70) They intended to take him that is a Sovereign , to make him subject to their Power . Purposing to open the Doors with Musquets and Caliveers , 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 . (RALEIGH-E2-P1,1,214.71) 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 . (RALEIGH-E2-P1,1,214.72) In the room of the Lord Chancellor , they would have placed one Watson a Priest , absurd in Humanity and ignorant in Divinity . (RALEIGH-E2-P1,1,214.73) Brook , of whom I will speak nothing , Lord Treasurer . (RALEIGH-E2-P1,1,214.74) The great Secretary must be Markham ; Oculus Patriae . (RALEIGH-E2-P1,1,214.75) A Hole must be found in milord Chief Justice's Coat . (RALEIGH-E2-P1,1,214.76) Grey must be Earl-Marshall , and Master of the Horse , because he would have a Table in the Court ; (RALEIGH-E2-P1,1,214.77) marry , he would advance the Earl of Worcester to a higher Place . (RALEIGH-E2-P1,1,214.78) All this $can $not {TEXT:cannot} be done without a Multitude : (RALEIGH-E2-P1,1,214.79) 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 crown'd ; (RALEIGH-E2-P1,1,214.80) therefore every Man might right his own Wrongs : (RALEIGH-E2-P1,1,214.81) But he is Rex natus , (RALEIGH-E2-P1,1,214.82) his Dignity descends as well as yours , my Lords . (RALEIGH-E2-P1,1,214.83) 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 Catholick Religion . (RALEIGH-E2-P1,1,214.84) 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 . (RALEIGH-E2-P1,1,214.85) Grey , because the King removed before Midsummer , had a further Reach , to get a Company of Swordmen to assist the Action : (RALEIGH-E2-P1,1,214.86) Therefore he would stay till he had obtained a Regiment from Ostend or Austria . (RALEIGH-E2-P1,1,214.87) So you see the Treason were like Sampson 's Foxes , which were joined in their Tails , tho' their Heads were sever'd . (RALEIGH-E2-P1,1,214.88) Raleigh . You Gentlemen of the Jury , I pray remember , I am not charged with the Bye , being the Treason of the Priest . (RALEIGH-E2-P1,1,214.89) Attorney . You are not . (RALEIGH-E2-P1,1,214.90) My Lords , you shall observe three things in the Treasons : (RALEIGH-E2-P1,1,214.91) First , they had a Watch-word , the King's Safety ; (RALEIGH-E2-P1,1,214.92) their Pretence was Bonum in se ; (RALEIGH-E2-P1,1,214.93) their Intent was Malum in se ; (RALEIGH-E2-P1,1,214.94) Secondly , they avouched Scripture ; (RALEIGH-E2-P1,1,214.95) both the Priests had Scriptum est ; perverting and ignorantly mistaking the Scriptures : (RALEIGH-E2-P1,1,214.96) Thirdly , They avouch'd the Common Law , to prove that he was no King 'till he was crowned ; alledging a Statute of 13 Eliz. (RALEIGH-E2-P1,1,214.97) This , by way of Imitation , hath been the course of all Traitors . (RALEIGH-E2-P1,1,214.98) In the of Edward II . 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 . (RALEIGH-E2-P1,1,214.99) The Bishop of Carlisle did preach on this Text , My Head is grieved , meaning by the Head , the King ; (RALEIGH-E2-P1,1,214.100) that when the Head began to be negligent , the People might reform what is amiss . (RALEIGH-E2-P1,1,214.101) In the 3d of Henry IV . Sir Roger Clarendon , accompany'd with two Priests , gave out That Richard II. Was alive , when he was dead . (RALEIGH-E2-P1,1,214.102) Edward III. Caused Mortimer 's Head to be cut off , for giving Counsel to murder the King . (RALEIGH-E2-P1,1,214.103) The 3d of Henry VII . Sir Henry Stanley found the Crown in the Dust , (RALEIGH-E2-P1,1,214.104) and set it on the King's Head : (RALEIGH-E2-P1,1,214.105) when Fitzwater and Garret told him , that Edward V. was alive , he said , If he be alive , I will assist him . (RALEIGH-E2-P1,1,214.106) But this cost him his Head . (RALEIGH-E2-P1,1,214.107) Edmund de la Pole , Duke of Suffolk , killed a Man in the Reign of King Henry VII. For which the King would have him hold up his Hand at the Bar , (RALEIGH-E2-P1,1,214.108) and then pardoned him : (RALEIGH-E2-P1,1,214.109) Yet he took such an Offence thereat , that he sent to the Noblemen to help to reform the Commonwealth ; (RALEIGH-E2-P1,1,214.110) and he said , he would go to France and get Power there . (RALEIGH-E2-P1,1,214.111) Sir Roger Compton knew all the Treason , (RALEIGH-E2-P1,1,214.112) and discovered Windon and others , that were attainted . (RALEIGH-E2-P1,1,214.113) He said , there was another thing that would be stood upon , namely , that they had but one Witness . (RALEIGH-E2-P1,1,214.114) Then he vouched one Appleyard 's Case , a Traitor in Norfolk , who said , a Man must have two Accusers . (RALEIGH-E2-P1,1,214.115) Helms was the Man that accused him ; (RALEIGH-E2-P1,1,214.116) but Mr. Justice Cotlin said , that that Statue was not in force at that Day . (RALEIGH-E2-P1,1,214.117) His Words were , Thrust her into the Ditch . (RALEIGH-E2-P1,1,214.118) Then he went on speaking of Accusers , (RALEIGH-E2-P1,1,214.119) and made this difference : (RALEIGH-E2-P1,1,214.120) An Accuser is a Speaker by Report , when a Witness is he that upon his Oath shall speak his Knowledge of any Man . (RALEIGH-E2-P1,1,214.121) A third sort of Evidence there is likewise , (RALEIGH-E2-P1,1,214.122) and this is held more forcible than either of the other two ; (RALEIGH-E2-P1,1,214.123) 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 : (RALEIGH-E2-P1,1,214.124) This is more forcible than many Witnesses . (RALEIGH-E2-P1,1,214.125) So then so much by way of Imitation . (RALEIGH-E2-P1,1,214.126) Then he defined Treason : (RALEIGH-E2-P1,1,214.127) 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 . (RALEIGH-E2-P1,1,214.128) {COM:insert_helsinki_sample_1} Attorney . Cobham saith , he was a long time doubtful of Raleigh , that he would send him and the Money to the King . (RALEIGH-E2-P1,1,218.131) Did Cobham fear lest you would betray him in Jersey ? (RALEIGH-E2-P1,1,218.132) Then of necessity there must be Trust between you . (RALEIGH-E2-P1,1,218.133) No Man can betray a Man , but he that is trusted , in my understanding . (RALEIGH-E2-P1,1,218.134) This is the greatest Argument to prove that he was acquainted with Cobham 's Proceedings . (RALEIGH-E2-P1,1,218.135) Raleigh has a deeper Reach , than to make himself , as he said , Robin Hood , a Kett , or Cade ; (RALEIGH-E2-P1,1,218.136) yet I never heard that Robin Hood was a Traitor ; (RALEIGH-E2-P1,1,218.137) they say he was an outlaw . (RALEIGH-E2-P1,1,218.138) And whereas he saith that our King is not only more wealthy and potent then his Predecessors , but also more politick 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 thro' Treason . (RALEIGH-E2-P1,1,218.139) 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 . (RALEIGH-E2-P1,1,218.140) Besides , if you could have brought Spain and Scotland to have joined , you might have hoped to prevail a great deal the better . (RALEIGH-E2-P1,1,218.141) For his six Overthrows , I answer , he hath the more Malice , because Repulses breed Desire of Revenge . (RALEIGH-E2-P1,1,218.142) Then you say you never talked with Cobham , but about Leases , and letting Lands , and ordering his House ; (RALEIGH-E2-P1,1,218.143) I never knew you Clerk of the Kitchen , &c. (RALEIGH-E2-P1,1,218.144) If you had fallen on your knees at first , and confessed the Treason , it had been better for you . (RALEIGH-E2-P1,1,218.145) You say , He meant to have given me a Cabinet of thirty Pound ; (RALEIGH-E2-P1,1,218.146) perhaps he thought by those means to have anticipated me therewith . (RALEIGH-E2-P1,1,218.147) But you say all these are Circumstances : (RALEIGH-E2-P1,1,218.148) I answer , all this Accusation in Circumstance is true . (RALEIGH-E2-P1,1,218.149) Here now I might appeal to my Lords , that you take hold off this , that he subscribed not to the Accusation . (RALEIGH-E2-P1,1,218.150) Lord Hen. Howard . Cobham was not then pressed to subscribe . (RALEIGH-E2-P1,1,218.151) Attorney . His Accusation being testify'd by the Lords , is of as great force , as if he had subscrib'd . (RALEIGH-E2-P1,1,218.152) Raleigh saith again , If the Accuser be alive , he must be brought face to face to speak ; (RALEIGH-E2-P1,1,218.153) and alledges 25 Edward III. that there must be two sufficient Witnesses , that must be brought face to face before the Accused ; (RALEIGH-E2-P1,1,218.154) and alledgeth and 13 Elizabeth . (RALEIGH-E2-P1,1,218.155) Raleigh . You try me by the Spanish Inquisition , if you proceed only by the Circumstances , without two Witnesses . (RALEIGH-E2-P1,1,218.156) Attorney . This is a treasonable speech . (RALEIGH-E2-P1,1,218.157) Raleigh . Evertere Hominem justum in Causa sua injustum est . (RALEIGH-E2-P1,1,218.158) Good my Lords , let it be proved , either-3 by the Laws of the Land , or the Laws of God , that there ought not to be two Witnesses appointed ; (RALEIGH-E2-P1,1,218.159) yet I will not stand to defend this Point in Law , if the King will have it so : (RALEIGH-E2-P1,1,218.160) it is no rare thing for a Man to be falsely accused . (RALEIGH-E2-P1,1,218.161) A Judge condemn'd a Woman in Sarum for killing her Husband on the Testimony of one Witness ; (RALEIGH-E2-P1,1,218.162) afterwards his Man confessed the Murder , when she was executed : who after being touch'd in Conscience for the Judgment , was used to say , Quod nunquam de hoc facto animam in vita sua pargaret . (RALEIGH-E2-P1,1,218.163) It is also commanded by the Scripture ; Allocutus est Jehova Mosen In Ore duorum aut trium Testium , &c. (RALEIGH-E2-P1,1,218.164) If Christ requireth it , as it appeareth , Mat. 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 . (RALEIGH-E2-P1,1,218.165) I would not desire to live , if I were privy to Cobham 's Proceedings . (RALEIGH-E2-P1,1,218.166) I have been a Slave , a Villain , a Fool , if I had endeavour'd to set up Arabella , and refus'd so gracious a Lord and Sovereign . (RALEIGH-E2-P1,1,218.167) But urge your Proofs . (RALEIGH-E2-P1,1,218.168) Ld. Ch. Just. You have offer'd Questions on diverse Statutes , all which mention two Accusers in case of Indictments : (RALEIGH-E2-P1,1,218.169) you have deceiv'd yourself , (RALEIGH-E2-P1,1,218.170) for the Laws of 25 Edward III. and 5 Edward VI. are repealed . (RALEIGH-E2-P1,1,218.171) It sufficeth now if there be Proofs made either under Hand , or by Testimony of Witnesses , or by Oaths ; (RALEIGH-E2-P1,1,218.172) it needs not the Subscription of the Party , so there be Hands of credible Men to testify the Examination . (RALEIGH-E2-P1,1,218.173) Raleigh It may be an Error in me ; (RALEIGH-E2-P1,1,218.174) and if those Laws be repeal'd , yet I hope the Equity of them remains still ; (RALEIGH-E2-P1,1,218.175) but if you affirm it , it must be a Law to Posterity . (RALEIGH-E2-P1,1,218.176) The Proof of the Common Law is by Witness and Jury ; (RALEIGH-E2-P1,1,218.177) let Cobham be here , (RALEIGH-E2-P1,1,218.178) let him speak it . (RALEIGH-E2-P1,1,218.179) Call my Accuser before my Face , (RALEIGH-E2-P1,1,218.180) and I have done . (RALEIGH-E2-P1,1,218.181) Attorney . Scientia Sceleris est mera Ignorantia . (RALEIGH-E2-P1,1,218.182) You have read the Letter of the Law , (RALEIGH-E2-P1,1,218.183) but understand it not . (RALEIGH-E2-P1,1,218.184) Here was your Anchor-hold , and your Rendezvous : (RALEIGH-E2-P1,1,218.185) you trust to Cobham , (RALEIGH-E2-P1,1,218.186) either Cobham must accuse you , or no body ; (RALEIGH-E2-P1,1,218.187) if he did , then it would not hurt you ; because he is but one Witness ; (RALEIGH-E2-P1,1,218.188) if he did not , then you are safe . (RALEIGH-E2-P1,1,218.189) Raleigh . If ever I read a Word of the Law or Statute , before I was Prisoner in the Tower , God confound me . (RALEIGH-E2-P1,1,218.190) Attorney . Now I come to prove the Circumstance of the Accusation to be true . (RALEIGH-E2-P1,1,218.191) Cobham confessed he had a Pass-port to travel , hereby intending to present Overtures to the Arch-Duke , and from thence to go to Spain , and there to have conference with the King for Money . (RALEIGH-E2-P1,1,218.192) You say he promised to come home by Jersey , to make merry with you and your Wife . (RALEIGH-E2-P1,1,218.193) Raleigh . I said in his return from France , not Spain . (RALEIGH-E2-P1,1,218.194) 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 . (RALEIGH-E2-P1,1,219.196) You said it should have been for Procurement of Peace , (RALEIGH-E2-P1,1,219.197) but it was for raising Rebellion . (RALEIGH-E2-P1,1,219.198) Further , Cobham saith , he would never have enter'd into these Courses , but by your Instigation , and that you would never let him alone . (RALEIGH-E2-P1,1,219.199) Your Scholar was not apt enough to tell us all the Plots ; (RALEIGH-E2-P1,1,219.200) that is enough for you to do , that are his Master . (RALEIGH-E2-P1,1,219.201) You intended to trust Sir Arthur Savage , whom I take to be an honest and true Gentleman , but not Sir Arthur George . (RALEIGH-E2-P1,1,219.202) Raleigh . All this is but one Accusation of Cobham 's , I hear no other thing ; to which Accusation he never subscribed nor {TEXT:not} avouched it . (RALEIGH-E2-P1,1,219.203) I beseech you , my Lords , let Cobham be sent for , (RALEIGH-E2-P1,1,219.204) charge him on his Soul , on his Allegiance to the King ; (RALEIGH-E2-P1,1,219.205) if he affirm it , I am guilty . (RALEIGH-E2-P1,1,219.206) Lord Cecil . It is the Accusation of my Lord Cobham , (RALEIGH-E2-P1,1,219.207) it is the Evidence against you : (RALEIGH-E2-P1,1,219.208) must it not be of force without his Subscription ? (RALEIGH-E2-P1,1,219.209) I desire to be resolv'd by the Judges , whether by the Law it is not a forcible Argument of Evidence . (RALEIGH-E2-P1,1,219.210) Judges . My Lord , it is . (RALEIGH-E2-P1,1,219.211) Raleigh . The King at his Coronation is sworn In omnibus Judiciis suis aequitatem , non rigorem Legis , observare . (RALEIGH-E2-P1,1,219.212) By the Rigour and Cruelty of the Law it may be a forcible Evidence . (RALEIGH-E2-P1,1,219.213) Ld. Ch. Just. That is not the Rigour of the Law , but the Justice of the Law ; (RALEIGH-E2-P1,1,219.214) else when a Man hath made a plain Accusation , by Practice he might be brought to retract it again . (RALEIGH-E2-P1,1,219.215) Raleigh . Oh my Lord , you may use Equity . (RALEIGH-E2-P1,1,219.216) Ld. Ch. Just. That is from the King ; (RALEIGH-E2-P1,1,219.217) you are to have Justice from us . (RALEIGH-E2-P1,1,219.218) Lord Anderson . The Law is , if the Matter be proved to the Jury , they must find guilty ; (RALEIGH-E2-P1,1,219.219) for Cobham 's Accusation is not only against you , (RALEIGH-E2-P1,1,219.220) there are other things sufficient . (RALEIGH-E2-P1,1,219.221) Lord Cecil . Now that Sir Walter Raleigh is satisfy'd , that Cobham 's Subscription is not necessary , I pray you , Mr. Attorney , go on . (RALEIGH-E2-P1,1,219.222) Raleigh . Good Mr. Attorney , be patient , (RALEIGH-E2-P1,1,219.223) and give me leave . (RALEIGH-E2-P1,1,219.224) Lord Cecil . An unnecessary Patience is a Hindrance ; (RALEIGH-E2-P1,1,219.225) let him go on with his Proofs , (RALEIGH-E2-P1,1,219.226) and then refel them . (RALEIGH-E2-P1,1,219.227) Raleigh . I would answer particularly . (RALEIGH-E2-P1,1,219.228) Lord Cecil . If you would have a Table and Pen and Ink , you shall . (RALEIGH-E2-P1,1,219.229) Then Paper and Ink was given him . (RALEIGH-E2-P1,1,219.230) 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 disclos'd all : (RALEIGH-E2-P1,1,219.231) To accuse any one falsely , were to burden my own Conscience . (RALEIGH-E2-P1,1,219.232) Attorney . Read Cobham 's Confession the 8th of June ; (RALEIGH-E2-P1,1,219.233) he saith , He was offer'd Crowns to be in this Action . (RALEIGH-E2-P1,1,219.234) Here Watson 's Additions were read . (RALEIGH-E2-P1,1,219.235) The great Mass of Money from the Count was impossible , &c. (RALEIGH-E2-P1,1,219.236) Brook 's Confession read . (RALEIGH-E2-P1,1,219.237) There have Letters passed , saith he , between Cobham and Aremberg , for a great Sum of Money to assist a second Action , for the surprizing of his Majesty . (RALEIGH-E2-P1,1,219.238) Attorney . It is not possible it was of Passion ; (RALEIGH-E2-P1,1,219.239) for it was in talk before three Men , being severally examined , who agreed in the Sum to be bestow'd on discontented Persons ; That Grey should have Crowns , and Raleigh should have , or Crowns . (RALEIGH-E2-P1,1,219.240) Cobham 's Examination , July 18 . (RALEIGH-E2-P1,1,219.241) If the Money might be procur'd saith he then a Man may give Pensions . (RALEIGH-E2-P1,1,219.242) Being asked if a Pension should not be given to his Brother Brook , he deny'd it not . (RALEIGH-E2-P1,1,219.243) Lawrency's Examination . (RALEIGH-E2-P1,1,219.244) Within five Days after Aremberg arrived , Cobham resorted unto him . (RALEIGH-E2-P1,1,219.245) That Night that Cobham went to Aremberg with Lawrency , Raleigh supped with him . (RALEIGH-E2-P1,1,219.246) Attorney . Raleigh must have his Part of the Money , (RALEIGH-E2-P1,1,219.247) therefore now he is a Traitor . (RALEIGH-E2-P1,1,219.248) The Crown shall never stand one Year on the Head of the King my Master if a Traitor may not be condemn'd by Circumstances : (RALEIGH-E2-P1,1,219.249) For if A. tells B. and B. tells C. and C. D. &c. you shall never prove Treason by two Witnesses . (RALEIGH-E2-P1,1,219.250) Raleigh's Examination was read . (RALEIGH-E2-P1,1,219.251) He confesseth Cobham offered him 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 ; (RALEIGH-E2-P1,1,219.252) When I see the Money , I will tell you more : (RALEIGH-E2-P1,1,219.253) For I had thought it had been one of his ordinary idle Conceits , (RALEIGH-E2-P1,1,219.254) and therefore made no Account thereof . (RALEIGH-E2-P1,1,219.255) {COM:insert_helsinki_sample_2} 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 . (RALEIGH-E2-P1,1,223.258) 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 ; (RALEIGH-E2-P1,1,223.259) this is he that hath spent so much Money against him in Service ; (RALEIGH-E2-P1,1,223.260) and yet you shall all see whether his Heart be not wholly Spanish . (RALEIGH-E2-P1,1,223.261) 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 Subtilty 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 . (RALEIGH-E2-P1,1,224.262) Now , Sir , you shall see whether you had Intelligence with Cobham , within four days before he came to the Tower . (RALEIGH-E2-P1,1,224.263) If he be wholly Spanish , that desired a Pension of l. a Year from Spain , that Spain by him might have Intelligence , then Raleigh is a Traitor : (RALEIGH-E2-P1,1,224.264) He hath taken an Apple , (RALEIGH-E2-P1,1,224.265) and pinned a Letter unto it , (RALEIGH-E2-P1,1,224.266) 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 , (RALEIGH-E2-P1,1,224.267) perhaps you shall not be tried . (RALEIGH-E2-P1,1,224.268) This was to get a Retractation . (RALEIGH-E2-P1,1,224.269) Oh ! It was Adam 's Apple , whereby the Devil did deceive him . (RALEIGH-E2-P1,1,224.270) Further , he wrote thus , Do not as my Lord of Essex did ; (RALEIGH-E2-P1,1,224.271) take heed of a Preacher ; (RALEIGH-E2-P1,1,224.272) for by his Persuasion he confessed , (RALEIGH-E2-P1,1,224.273) and made himself guilty . (RALEIGH-E2-P1,1,224.274) 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 ; (RALEIGH-E2-P1,1,224.275) you know my Meaning . (RALEIGH-E2-P1,1,224.276) What tho' Cobham retracted , yet he could not rest nor sleep till he confirmed it again . (RALEIGH-E2-P1,1,224.277) If this be not enough to prove him a Traitor , the King my Master shall not live three Years to an End . (RALEIGH-E2-P1,1,224.278) Nota , Here Mr. Attorney produced the Lord Cobham 's Letters , (RALEIGH-E2-P1,1,224.279) and as he read it , inserted some Speeches . (RALEIGH-E2-P1,1,224.280) ' I have thought fit to set down this to my Lords , wherein I protest on my Soul to write nothing but the Truth . (RALEIGH-E2-P1,1,224.281) I am now come near the period of my time , wherefore I confess the whole Truth before God and his Angels . (RALEIGH-E2-P1,1,224.282) Raleigh , four days before I came from the Tower , caused an Apple Eve 's Apple to be thrown at my Chamber-Window ; (RALEIGH-E2-P1,1,224.283) the effect of it was , to intreat 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 . (RALEIGH-E2-P1,1,224.284) 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 . (RALEIGH-E2-P1,1,224.285) He sent me word , that the Judges met at Mr. Attorney's House , and that there was good hope the Proceedings against us should be stayed : (RALEIGH-E2-P1,1,224.286) He sent me another time a little Tobacco . (RALEIGH-E2-P1,1,224.287) 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 before-hand . (RALEIGH-E2-P1,1,224.288) He told me , the States had Audience with the King . (RALEIGH-E2-P1,1,224.289) Attorney , Ah ! Is not this a Spanish Heart in an English Body ? (RALEIGH-E2-P1,1,224.290) ' He hath been the original Cause of my Ruin ; (RALEIGH-E2-P1,1,224.291) for I had no dealing with Aremberg , but by his Instigation . (RALEIGH-E2-P1,1,224.292) He hath also been the cause of my Discontentment ; (RALEIGH-E2-P1,1,224.293) 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 . ' (RALEIGH-E2-P1,1,224.294) Attorney . Oh damnable Atheist ! (RALEIGH-E2-P1,1,224.295) He hath learned some Text of Scripture to serve his own purpose , but falsely alledg'd . (RALEIGH-E2-P1,1,224.296) He counsels him not to be counseled by Preachers , as Essex was : (RALEIGH-E2-P1,1,224.297) He died the Child of God , (RALEIGH-E2-P1,1,224.298) God honoured him at his Death ; (RALEIGH-E2-P1,1,224.299) thou wast by when he died : Et Lupus & turpes instant morientibus Ursae . (RALEIGH-E2-P1,1,224.300) He died indeed for his Offence . (RALEIGH-E2-P1,1,224.301) The King himself spake these Words ; He that shall say , Essex died not for Treason , is punishable . (RALEIGH-E2-P1,1,224.302) Raleigh . You have heard a strange Tale of a strange Man . (RALEIGH-E2-P1,1,224.303) Now he thinks , he hath Matter enough to destroy me ; (RALEIGH-E2-P1,1,224.304) but the King and all of you shall witness , by our Deaths , which of us was the Ruin of the other . (RALEIGH-E2-P1,1,224.305) I bid a poor Fellow throw in the Letter at his Window , written to this purpose ; (RALEIGH-E2-P1,1,224.306) You know you have undone me , (RALEIGH-E2-P1,1,224.307) now write three lines to justify me . (RALEIGH-E2-P1,1,224.308) In this I will die , that he hath done me wrong : (RALEIGH-E2-P1,1,224.309) Why did not he acquaint him with my Dispositions ? (RALEIGH-E2-P1,1,224.310) Ld. Ch. Just. But what say you now of the Letter , and the Pension of l. per annum ? (RALEIGH-E2-P1,1,224.311) Raleigh . I say , that Cobham is a base , dishonourable , poor Soul . (RALEIGH-E2-P1,1,224.312) Attorney . Is he base ? (RALEIGH-E2-P1,1,224.313) I return it into thy Throat on his behalf : (RALEIGH-E2-P1,1,224.314) But for thee , he had been a good Subject . (RALEIGH-E2-P1,1,224.315) Ld. Ch. Just. I perceive you are not so clear a Man , as you have protested all this while ; (RALEIGH-E2-P1,1,224.316) for you should have discovered these Matters to the King . (RALEIGH-E2-P1,1,224.317) Nota , Here Raleigh pulled a Letter out of his Pocket , which the Lord Cobham had written to him , (RALEIGH-E2-P1,1,224.318) and desired my Lord Cecil to read it , because he only knew his Hand ; (RALEIGH-E2-P1,1,224.319) the effect of it was as follows : (RALEIGH-E2-P1,1,224.320) Cobham 's Letter of Justification to Raleigh . (RALEIGH-E2-P1,1,224.321) ' 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 ; (RALEIGH-E2-P1,1,224.322) God so comfort me in this my Affliction , as you are a true Subject , for any thing that I know . (RALEIGH-E2-P1,1,224.323) I will say as Daniel , Purus sum a sanguine hujus . (RALEIGH-E2-P1,1,224.324) So God have mercy upon my Soul , as I know no Treason by you . ' (RALEIGH-E2-P1,1,224.325) Raleigh . Now I wonder how many Souls this Man hath ! (RALEIGH-E2-P1,1,224.326) He damns one in this Letter , and another in that . (RALEIGH-E2-P1,1,224.327) Here was much ado : (RALEIGH-E2-P1,1,224.328) Mr. Attorney alledged , that his last Letter was politickly and cunningly urged from the Lord Cobham , and that 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 meet voluntary , and not extracted from the Lord Cobham upon any Hopes or promise of Pardon . (RALEIGH-E2-P1,1,224.329) Nota , This was the last Evidence : whereupon a Marshal was sworn to keep the Jury private . (RALEIGH-E2-P1,1,224.330) The Jury departed , (RALEIGH-E2-P1,1,224.331) and staid not a quarter of an hour , (RALEIGH-E2-P1,1,224.332) but returned , (RALEIGH-E2-P1,1,224.333) and gave their Verdict , Guilty . (RALEIGH-E2-P1,1,224.334) Serj. Heale demanded Judgment against the Prisoner . (RALEIGH-E2-P1,1,225.336) Clerk of the Crown . Sir Walter Raleigh , Thou hast been indicted , arraigned , and pleaded Not Guilty , for all these several Treasons , (RALEIGH-E2-P1,1,225.337) and for Trial thereof , hast put thy self upon thy Country ; which Country are these , who have found thee Guilty . (RALEIGH-E2-P1,1,225.338) What canst thou say for thy self , why Judgment and Execution of Death should not pass against thee ? (RALEIGH-E2-P1,1,225.339) Raleigh . My Lords , the Jury have found me Guilty : (RALEIGH-E2-P1,1,225.340) They just do as they are directed . (RALEIGH-E2-P1,1,225.341) I can say nothing why Judgment should not proceed . (RALEIGH-E2-P1,1,225.342) You see whereof Cobham hath accused me : (RALEIGH-E2-P1,1,225.343) You remember his Protestations , that I was never Guilty . (RALEIGH-E2-P1,1,225.344) I desire the King should know of the Wrongs done unto me since I came hither . (RALEIGH-E2-P1,1,225.345) Ld. Ch. Just. You have had no Wrong , Sir Walter . (RALEIGH-E2-P1,1,225.346) Raleigh . Yes , of Mr. Attorney . (RALEIGH-E2-P1,1,225.347) I desire my Lords to remember three things to the King . (RALEIGH-E2-P1,1,225.348) 1 . (RALEIGH-E2-P1,1,225.349) I was accused to be a Practiser with Spain : (RALEIGH-E2-P1,1,225.350) I never knew that my Lord Cobham meant to go thither ; (RALEIGH-E2-P1,1,225.351) I will ask no Mercy at the King's hands , if he will affirm it . (RALEIGH-E2-P1,1,225.352) 2 . (RALEIGH-E2-P1,1,225.353) I never knew of the Practice with Arabella . (RALEIGH-E2-P1,1,225.354) 3 . (RALEIGH-E2-P1,1,225.355) I never knew of my Lord Cobham 's Practice with Aremberg , nor of the surprizing Treason . (RALEIGH-E2-P1,1,225.356) Ld. Ch. Just. In my Conscience , I am persuaded that Cobham hath accused you truly . (RALEIGH-E2-P1,1,225.357) You $can $not {TEXT:cannot} deny , but that you were dealt with to have a Pension to be a Spy for Spain ; (RALEIGH-E2-P1,1,225.358) therefore you are not so true to the King as you have protested your self to be . (RALEIGH-E2-P1,1,225.359) Raleigh . I submit my self to the King's Mercy ; (RALEIGH-E2-P1,1,225.360) I know his Mercy is greater than my Offence . (RALEIGH-E2-P1,1,225.361) I recommend my Wife , and Son of tender years , unbrought up , to his Compassion . (RALEIGH-E2-P1,1,225.362) Ld. Ch. Just. I 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 . (RALEIGH-E2-P1,1,225.363) God hath bestowed on you many Benefits . (RALEIGH-E2-P1,1,225.364) You had been a Man fit and able to have served the King in good Place . (RALEIGH-E2-P1,1,225.365) You had brought your self into a good State of Living ; (RALEIGH-E2-P1,1,225.366) if you had entered into a good Consideration of your Estate , and not suffered your own Wit to have intrapped your self , you might have lived in good Comfort . (RALEIGH-E2-P1,1,225.367) 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 . (RALEIGH-E2-P1,1,225.368) It was the Poesy of the wisest and greatest Counsellor of our time in England , In medio spatio mediocria firma locantur . (RALEIGH-E2-P1,1,225.369) You might have lived well with l. a Year , (RALEIGH-E2-P1,1,225.370) for so I have heard your Revenues to be . (RALEIGH-E2-P1,1,225.371) I know nothing might move you to be discontented ; (RALEIGH-E2-P1,1,225.372) but if you had been down , you know Fortune's Wheel , when it is turned about , riseth again . (RALEIGH-E2-P1,1,225.373) 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 . (RALEIGH-E2-P1,1,225.374) You have been taken for a wise Man , (RALEIGH-E2-P1,1,225.375) and so have shewed Wit enough this day . (RALEIGH-E2-P1,1,225.376) Again , for Monopolies for Wine , &c. if the King had said , It is a Matter that offends my People , should I burden them for your private Good ? (RALEIGH-E2-P1,1,225.377) I think you could not well take it hardly , that his Subjects were eased , tho' by your private Hindrance . (RALEIGH-E2-P1,1,225.378) Two Vices have lodged chiefly in you ; (RALEIGH-E2-P1,1,225.379) one is an eager Ambition , the other corrupt Covetousness . (RALEIGH-E2-P1,1,225.380) Ambition , in desiring to be advanced to equal Grace and Favour , as you have been before-time ; (RALEIGH-E2-P1,1,225.381) that Grace you had then , you got not in a Day or Year . (RALEIGH-E2-P1,1,225.382) 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 : (RALEIGH-E2-P1,1,225.383) by it you would have increased your Living l. a Year . (RALEIGH-E2-P1,1,225.384) This Covetousness is like a Canker , that eats the Iron Place where it lives . (RALEIGH-E2-P1,1,225.385) Your Case being thus , let it not grieve you , if I speak a little out of Zeal , and Love to your Good . (RALEIGH-E2-P1,1,225.386) 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 $can $not {TEXT:cannot} endure to hear them , nor the Authors and Maintainers of them be suffered to live in any Christian Commonwealth . (RALEIGH-E2-P1,1,225.387) You know what Men said of Harpool . (RALEIGH-E2-P1,1,225.388) You shall do well , before you go out of the World , to give Satisfaction therein , and not to die with these Imputations on you . (RALEIGH-E2-P1,1,225.389) Let not any Devil persuade you to think there is no Eternity in Heaven : (RALEIGH-E2-P1,1,225.390) for if you think thus , you shall find Eternity in Hell-Fire . (RALEIGH-E2-P1,1,225.391) In the first Accusation of my Lord Cobham , I observed his Manner of speaking ; (RALEIGH-E2-P1,1,225.392) I protest before the Living God , (RALEIGH-E2-P1,1,225.393) I am persuaded he spoke nothing but the Truth . (RALEIGH-E2-P1,1,225.394) 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 : (RALEIGH-E2-P1,1,225.395) He confessed his Offences , (RALEIGH-E2-P1,1,225.396) and obtained Mercy of the Lord ; (RALEIGH-E2-P1,1,225.397) for I am verily persuaded in my Heart , he died a worthy Servant of God . (RALEIGH-E2-P1,1,225.398) Your Conceit of not confessing any thing , is very inhuman and wicked . (RALEIGH-E2-P1,1,225.399) In this World is the time of confessing , that we may be absolv'd at the Day of Judgment . (RALEIGH-E2-P1,1,225.400) You have shewed a fearful Sign of denying God , in advising a Man not to confess the Truth . (RALEIGH-E2-P1,1,225.401) It now comes in my mind , why you may not have your Accuser come face to face : (RALEIGH-E2-P1,1,225.402) for such an one is easily brought to retract , when he seeth there is no hope of his own Life . (RALEIGH-E2-P1,1,225.403) It is dangerous that any Traitors should have Access to , or Conference with one another ; (RALEIGH-E2-P1,1,225.404) 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 . (RALEIGH-E2-P1,1,225.405) Now it resteth to pronounce the Judgment , which I wish you had not been this day to have received of me : (RALEIGH-E2-P1,1,225.406) 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 . (RALEIGH-E2-P1,1,225.407) I never saw the like Trial , (RALEIGH-E2-P1,1,225.408) and hope I shall never see the like again . (RALEIGH-E2-P1,1,225.409) The Judgment . (RALEIGH-E2-P1,1,225.410) But since you have been found guilty of these horrible Treasons , the Judgment 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 ; (RALEIGH-E2-P1,1,225.411) and from thence you shall be drawn upon a Hurdle thro' the open Streets to the Place of Execution , there to be hanged and cut down alive , (RALEIGH-E2-P1,1,225.412) and your Body shall be opened , your Heart and Bowels pluck'd out , and your Privy Members cut off , and thrown into the Fire before your Eyes , then your Head to be stricken off from your Body , (RALEIGH-E2-P1,1,226.413) and your Body shall be divided into four Quarters , to be disposed of at the King's Pleasure : (RALEIGH-E2-P1,1,226.414) And God have Mercy upon your Soul . (RALEIGH-E2-P1,1,226.415) 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 Judgment might be qualified , and his Death be 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 . (RALEIGH-E2-P1,1,226.416) Fourteen Years Sir Walter had spent in the Tower , (RALEIGH-E2-P1,1,226.417) 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 Enterprize of a Golden Mine in Guiana in the Southern Parts of America . (RALEIGH-E2-P1,1,226.418) The Proposition of this was presented and recommended to his Majesty by Sir Ralph Winwood 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 's ancient Servant . (RALEIGH-E2-P1,1,226.419) Sir Ralph Winwood 's Recommendation of the Design , and the earnest Sollicitations for his Enlargement by the Queen and Prince , and the French Leiger , with much affection to his Deserts , not without some politick Designs on Spain together with the Asseverations of Sir Walter of the Truth of the Mine , work'd upon his Majesty , who thought himself in honour obliged , nay , in a manner ingaged 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 atchieved at the Charge of Voluntiers , especially since it stood so well with his Majesty's Politick and Magnanimous Courses in these his flourishing times of Peace , to nourish and encourage noble and generous Enterprizes for Plantations , Discoveries , and opening of a New Trade . (RALEIGH-E2-P1,1,226.420) Count Gondomar an active and subtle Instrument to serve his Master's ends took alarm at this , (RALEIGH-E2-P1,1,226.421) and represented to his Majesty the Enterprize of Sir Walter to be hostile and predatory , intending a breach of the Peace between the two Crowns . (RALEIGH-E2-P1,1,226.422) But notwithstanding , Power at last is granted to Sir Walter to set forth Ships and Men for that Service . (RALEIGH-E2-P1,1,226.423) 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 Governor's Closet at St. Thomas 's . (RALEIGH-E2-P1,1,226.424) 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 . (RALEIGH-E2-P1,1,226.425) 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 pass'd his Royal Word to the {COM:missing_material} , yet they did help Count Gondomar to that very Paper ; so much both King and Court were at Gondomar 's Service . (RALEIGH-E2-P1,1,226.426) A Commission indeed is granted , but by Gondomar 's means is limited , That the Fleet should commit no Outrages upon the King of Spain 's Subjects by Land , unless they began first . (RALEIGH-E2-P1,1,226.427) 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 compleat Fleet of twelve Sail ; letting fall a Speech at his Departure , which was rather an Argument of his Wit than his Wisdom ; That the 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 Earl of Somerset . To which he was told , that the King replied , He might die in that Deceit . Which he did , (RALEIGH-E2-P1,1,226.428) 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 Judgments thought them , being frequently commanded to uncomely , and sometimes to unnatural Employments . (RALEIGH-E2-P1,1,226.429) On the 17th of November , he arrived at Guiana , having been much retarded by contrary Winds , and having lost several of his Voluntiers in the Voyage , by a violent Calenture . (RALEIGH-E2-P1,1,226.430) When Sir Walter was returned to 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 . (RALEIGH-E2-P1,1,226.431) When he was brought to London , he was permitted the confinement of his own House , (RALEIGH-E2-P1,1,226.432) But finding the Court wholly guided by Gondomar , he could hope for little Mercy ; (RALEIGH-E2-P1,1,226.433) therefore he wisely contriv'd the design of an Escape into France ; which Sir Lewis Steukly betrayed . (RALEIGH-E2-P1,1,226.434) The Voyage proving unsuccessful , 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 Embassador had designed : (RALEIGH-E2-P1,1,226.435) for he desired a Judgment upon the pretended Breach of Peace , that by this Occasion he might slily gain from the English an Acknowledgment of his Master's Right in those Places , and hereafter both stop their Mouths , and quench their Heat and Valour . (RALEIGH-E2-P1,1,226.436) Hence they resolv'd to proceed against him upon his old Condemnation , (RALEIGH-E2-P1,1,226.437) for having had Experience upon a former Trial , they cared not to run the hazard of a second . (RALEIGH-E2-P1,1,226.438) Accordingly upon Wednesday , the 28th of October , Anno Dom. 1618 , the Lieutenant of the Tower , in pursuance of a Writ of Habeas Corpus to him directed , brought Sir Walter Raleigh from the Tower to the Kings-Bench Bar at Westminster . Where Mr. Attorney spake in effect thus : (RALEIGH-E2-P1,1,227.439) My Lords , Sir Walter Raleigh , the Prisoner at the Bar , was , fifteen Years since , convicted of High Treason , by him committed against the Person of his Majesty , and the State of this Kingdom , (RALEIGH-E2-P1,1,227.440) and then received the Judgment of Death to be hang'd , drawn , and quartered : (RALEIGH-E2-P1,1,227.441) His Majesty , of his abundant Grace , hath been pleased to shew Mercy upon $him {TEXT:his} 'till now , that Justice calls unto him for Execution . (RALEIGH-E2-P1,1,227.442) Sir Walter Raleigh hath been a Statesman , and a Man , who , in regard of his Parts and Quality , is to be pitied : (RALEIGH-E2-P1,1,227.443) He hath been as a Star , at which the World hath gazed ; (RALEIGH-E2-P1,1,227.444) but Stars may fall , (RALEIGH-E2-P1,1,227.445) nay , they must fall , when they trouble the Sphere wherein they abide . (RALEIGH-E2-P1,1,227.446) It is therefore His Majesty's Pleasure now to call for Execution of the former Judgment , (RALEIGH-E2-P1,1,227.447) and I require Order for the same . (RALEIGH-E2-P1,1,227.448) Then Mr. Fanshaw , Clerk of the Crown , read the Record of the Conviction and Judgment , (RALEIGH-E2-P1,1,227.449) and called to the Prisoner , to hold up his Hand , which he did . (RALEIGH-E2-P1,1,227.450) Then was the Prisoner ask'd , What he could say for himself , why Execution should not be awarded against him ? (RALEIGH-E2-P1,1,227.451) Sir Walter Raleigh . (RALEIGH-E2-P1,1,227.452) My Lords , my Voice is grown weak , by reason of my late Sickness , and an Ague , which I now have ; (RALEIGH-E2-P1,1,227.453) for I was even now brought hither out of it . (RALEIGH-E2-P1,1,227.454) Lord Chief Justice . Sir Walter , your Voice is audible enough . (RALEIGH-E2-P1,1,227.455) Sir Walter . Then , my Lord , all that I can say is this ; That the Judgment which I received to die so long since , I hope it $can $not {TEXT:cannot} now be strain'd to take away my Life ; for that since it was His Majesty's Pleasure to grant me a Commission to proceed in a Voyage beyond the Seas , where I had Power , as Marshal , on the Life and Death of others , so , under Favour , I presume I am discharged of that Judgment : (RALEIGH-E2-P1,1,227.456) For , by that Commission I departed the Land , (RALEIGH-E2-P1,1,227.457) and undertook a Journey , to honour my Sovereign , and to enrich his Kingdom with Gold , of the Ore whereof this Hand hath found and taken in Guiana ; (RALEIGH-E2-P1,1,227.458) but the Voyage , notwithstanding my Endeavour , had no other Success , but what was fatal to me , the Loss of my Son , and wasting of my whole Estate . (RALEIGH-E2-P1,1,227.459) Being about to proceed , he was by the Lord Chief Justice interrupted , who spake : (RALEIGH-E2-P1,1,227.460) Lord Chief Justice . Sir Walter Raleigh , this which you now speak touching your Voyage , is not to the purpose , (RALEIGH-E2-P1,1,227.461) neither can your Commission any way help you , (RALEIGH-E2-P1,1,227.462) by that you are not pardon'd ; (RALEIGH-E2-P1,1,227.463) for by words of a special Nature , in Case of Treason , you must be pardon'd , and not implicitly . (RALEIGH-E2-P1,1,227.464) There was no Word tending to Pardon in all your Commission , (RALEIGH-E2-P1,1,227.465) and therefore you must say something else to the purpose ; (RALEIGH-E2-P1,1,227.466) otherwise , we must proceed to give Execution . (RALEIGH-E2-P1,1,227.467) Sir Walter Raleigh . If your Opinion be so , my Lord , I am satisfied , (RALEIGH-E2-P1,1,227.468) and so put myself on the Mercy of the King , who I know is gracious ; (RALEIGH-E2-P1,1,227.469) and , under Favour , I must say I hope he will be pleased to take Commiseration upon me . (RALEIGH-E2-P1,1,227.470) As concerning that Judgment which is so long past , and which , I think , here are some could witness , nay , his Majesty was of Opinion , that I had hard Measure therein . (RALEIGH-E2-P1,1,227.471) Lord Chief Justice . Sir Walter Raleigh , you must remember yourself ; (RALEIGH-E2-P1,1,227.472) you had an honourable Trial , (RALEIGH-E2-P1,1,227.473) and so were justly convicted ; (RALEIGH-E2-P1,1,227.474) and it were Wisdom in you now to submit yourself , and to confess your Offence did justly draw upon you that Judgment which was then pronounced against you ; wherefore I pray you attend what I shall say unto you . (RALEIGH-E2-P1,1,227.475) I am here called to grant Execution upon the Judgment given you Fifteen Years since ; all which Time you have been as a dead Man in the Law , and might at any Minute been cut off , (RALEIGH-E2-P1,1,227.476) but the King in Mercy spared you . (RALEIGH-E2-P1,1,227.477) You might think it heavy , if this were done in cold Blood , to call you to Execution , (RALEIGH-E2-P1,1,227.478) but it is not so ; (RALEIGH-E2-P1,1,227.479) for new Offences have stirred up his Majesty's Justice , to remember to revive what the Law hath formerly cast upon you . (RALEIGH-E2-P1,1,227.480) I know you have been valiant and wise , (RALEIGH-E2-P1,1,227.481) and I doubt not but you retain both these Virtues , (RALEIGH-E2-P1,1,227.482) for now you shall have Occasion to use them . (RALEIGH-E2-P1,1,227.483) Your Faith hath heretofore been questioned , (RALEIGH-E2-P1,1,227.484) but I am resolved you are a good Christian ; (RALEIGH-E2-P1,1,227.485) for your Book , which is an admirable Work , doth testify as much . (RALEIGH-E2-P1,1,227.486) I would give you Counsel , (RALEIGH-E2-P1,1,227.487) but I know you can apply unto yourself far better than I am able to give you ; (RALEIGH-E2-P1,1,227.488) yet will I , with the good Neighbour in the Gospel , who finding one in the Way , wounded and distress'd , pour'd Oil into his Wounds , and refresh'd him , I give unto you the Oil of Comfort ; though , in respect that I am a Minster of the Law , mixed with Vinegar . (RALEIGH-E2-P1,1,227.489) Sorrow will not avail you in some kind : (RALEIGH-E2-P1,1,227.490) For , were you pain'd , Sorrow would not ease you ; (RALEIGH-E2-P1,1,227.491) were you afflicted , Sorrow would not relieve you ; (RALEIGH-E2-P1,1,227.492) were you tormented , Sorrow could not content you ; (RALEIGH-E2-P1,1,227.493) and yet , the Sorrow for your Sins would be an everlasting Comfort to you . (RALEIGH-E2-P1,1,227.494) You must do as that Valiant Captain did , who perceiving himself in danger , said , in defiance of Death ; Death , thou expectest me , (RALEIGH-E2-P1,1,227.495) but maugre thy Spite , I expect thee . (RALEIGH-E2-P1,1,227.496) Fear not Death too much , (RALEIGH-E2-P1,1,227.497) nor fear not Death too little : (RALEIGH-E2-P1,1,227.498) not too much , lest you fail in your Hopes ; (RALEIGH-E2-P1,1,227.499) not too little , lest you die presumptuously . (RALEIGH-E2-P1,1,227.500) And here I must conclude with my Prayers to God for it ; (RALEIGH-E2-P1,1,227.501) and that he would have mercy on your Soul . (RALEIGH-E2-P1,1,227.502) And so the Lord Chief Justice ended with these Words ; Execution is granted . (RALEIGH-E2-P1,1,227.503) Sir Walter Raleigh . My Lord , I desire thus much Favour , that I may not be cut off suddenly ; (RALEIGH-E2-P1,1,227.504) for I have something to do in Discharge of my Conscience , and something to satisfy his Majesty in , something to satisfy the World in : (RALEIGH-E2-P1,1,227.505) and I desire I may be heard at the Day of my Death . (RALEIGH-E2-P1,1,227.506) And here I take God to be my Judge , before whom I shall shortly appear , I was never disloyal to his Majesty , which I will justify where I shall not fear the Face of any King on Earth : (RALEIGH-E2-P1,1,227.507) And so I beseech you all to pray for me . (RALEIGH-E2-P1,1,227.508) The Court having awarded Execution , the Sheriffs of Middlesex were commanded for that Purpose to take him into their Custody , who presently carried him to the Gatehouse . (RALEIGH-E2-P1,1,227.509) But all Persons have wonder'd 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 then 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 ; (RALEIGH-E2-P1,1,228.510) spare your Purse in this Particular , (RALEIGH-E2-P1,1,228.511) 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 . ' (RALEIGH-E2-P1,1,228.512) 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 . (RALEIGH-E2-P1,1,228.513) But Sir Walter hath made the best Defence for his Guiana Actions , in his Letter to his Majesty , which is here inserted . (RALEIGH-E2-P1,1,228.514) {COM:letter_omitted} But this Apology , tho' never so persuasive , could not satisfy Gondomar 's Rage , who was resolv'd 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 help'd to beat the Spaniard in the Year 1588 . (RALEIGH-E2-P1,1,228.516) The Night before the Execution , Sir Walter Raleigh wrote the following Letters , the one to the King , the other to his Wife . (RALEIGH-E2-P1,1,228.517)