BEing deterred by your Maiesties more important affaires , from any hope of redresse of those scarres cast vpon my reputation by Sir Walter Raleigh at his death , without some remonstrance of the businesse made by my selfe ; I haue presumed to offer to your most Excellent Maiestie , a iust defence of my carriage in that affaire : Wherein as I hold it the part of an honest man , to preferre publique duety before priuate affection ; so I cannot but keepe the heart of a Gentleman , which is euer more sensible of a wound giuen to his reputation , then to his life I haue noe pleasure to fight with a ghost : But seeing an Angel of darkenesse , did put on him the shape of an Angel of light at his departure , to performe two Parts most cunningly ; First , to poison the hearts of discontented people ; Secondly , to blemish me in my good name , a pooreinstrument of the iust desires of the State , with false imputations : Giue mee leaue , most Gracious Souereigne , to speake for my selfe : which I doe not to insult vpon the dead , but to defend my selfe against the false reports of the liuing , taken from the dead vpon trust , to strike me directly , but through my sides indirectly , ayming at a higher marke . All men haue long knowen , that this mans whole life was a meere sophistication , and such was his death , in which hee borrowed some tincture of holinesse , which he was thought not to loue in his life , therewith to couer his hatred of others in his death . As it appeareth , that being moued by the Deane of westminster , and thereupon promising charitie to mee in the prison , doth thus vent his hatred on the Scaffold , in shew of charitie to the liuing , to take heede of so dangerous a man . An vncharitable charitie , not much vnlike that mans repentance , who purposing to hang himselfe , writes his repentance of that sinne before hand in his booke , which he did purpose to commit .

Yet will not I take vpon me to iudge of his last repentance , I leaue him vnto God , to whom hee stands or falls ; but I would he had giuen a better signe of it , then by godly words at his death to gather credit to himselfe to worke vpon the compassion of men , thereby to infuse more warily the venome of sedition into the hearts of as many as hee might , and to gaine reputation vpon his Soueraigne , but to spend his malice vpon mee your poore seruant , who did nothing , but execute your iust Commands , with the perill of my life . Witnesse his open inuitation of diuers to his death , wherein hee meant , as in his last Will and Testament , to leane a Legacie of his hatred vnto me , to be executed vpon me by them to my destruction .

But it is nothing in respect of his generall end , to spread by them whom hee had inuited , the contagion of his seditious humour vnto others , which the euent doth manifest : That it growes verie questionable , whether this man did more hurt by his life , or by his death : By his life through his ill example ; By his death through his false testimony to traduce the Iustice & instruments of the State . Yea but it was the testimony of a dying man , now a penitent ( as alsay ) as some say , a Saint , euen then when as himselfe said , it was no time to flatter or feare Princes : yea , but it was the testimony of an enemie , of a periur'd , of a condemned man . First , of an enemie , and of an angrie enemie , euen with your Maiestie that would haue iustice executed on him , vpon his originall condemnation , who were satisfied , as he publikely did speake of his innocencie in that cause , as priuately before hee bewrayed his deepe discontentment , when it was vrged , that the testimony of the Lord Cobham was neuer retracted , Sir Walter Raleigh did peremptorily denie it . To whom answere was made , that then the publike Act registred in the Counsell booke would manifest it , for there it appeares . So faine would this man cast aspersion vpon your Iustice for taking the life of an innocent in that cause , wherein hee was condemned by his Countrey . When this would not serue his turne , then did he flie to the Commission of a generall ; pleading it as an implicit pardon of that former offence : Not considering that being already a man condemned for treason , he was , as the learned in the Law held , vncapable of another triall , by which hee might haue been found as Nocent as before . For he hauing a Commission , to goe into those parts of America , vnpossessed by any Christian Prince in league with your Maiestie , and no where else , either to plant or trade , hee made his designe for the Riuer of Oreonoque , where hee knew the Subiects of the King of Spaine were already planted , which , as he confessed vnder his hand to your Maiestie , hee concealed from you ; and this vnder pretence of his gold Mine , which he did apparantly to this end , to breake the League , and to imbroyle the two States . Many Generals haue for exceeding their Commissions beene punished , euen for good seruices : how then could he haue escaped , for this his disseruice , being against his Commission , if hee might by the law haue beene tryed vpon it ? It s cleere then , that he was angry with your Maiestie for commaunding Iustice to bee done vpon him : how then could hee chuse but be angry with mee the poore Instrument who brought him backe to Iustice , from whence hee intended often to make an escape ?

First at Sea , vpon his returne , making motion to be set on shore in France , and to quit his Ship to his company on that condition ; for the which hee was blocked vp in his Cabin a moneth together , as himselfe hath confessed vnto mee , and is to be prooued by diuers of his company : By which it is cleere againe , that out of his guiltinesse , he did not so much trust in your goodnesse , as hee saide on the Scaffold hee did too much , or else he had not suffered death . Next at Plymouth , after hee was by your Maiesties speciall command , committed to my keeping , hee plotted with two French Captaines ; by name with Captaine Flory , and Captaine Le'Grand , to escape in one of their shippes , then there in harbour , as he then confessed to the Lords Commissioners , it beeing first euidently prooued against him ; by which it appeareth againe , hee did not trust your Maiesties goodnesse , as he writte and said at his death . But I am sure by this he did much wrong my kindnesse , to my vndooing , had not the goodnesse of heauen preuented him . Next hee plotted his escape at Salisbury ; which my worthy Cozen William Herbert first discouered to your Maiestie . Last vpon the same Saturday when I receiued your Maiesties Commission , by my Cozen Herbert , by whom also I receiued intelligence , that at that instant , he was flying from my custody without my priuity ; not hauing as yet made him any semblance of condiscent , so that I almost came on him at vnawares , euen at the instant that hee was putting on his false beard , and his other disguisements : Which declares hee did still distrust your goodnesse ; doubtlesse out of the conscience of his guiltinesse , whatsoeuer he writte or saide to the contrary . And is it any maruaile then , that he was angry with mee at his death , for bringing him backe ? Besides , that beeing a man , as he was thought , of so great a Wit , it was no small griefe , that a man of so meane a wit as I , should bee thought to goe beyond him . Yea , but you should not haue vsed such craft to goe beyond him ; No ? Sie ars deluditur arte . Neque enim'lex iustior vlla est quam'necis artifices arte perire sua . But why did not you execute your Commission barely to his apprehension on him in his house ? Why ? my Commission was to the contrary , to discouer his other pretensions , and to seaze his secret papers , &c. And can any honest Subiect question mine honesty , in the performance of such a Commission , which tended to the discouery of the secret intentions of an ill affected heart to my Soueraigne ? How can any dislike this in mee , and not bewray his owne dishonest heart , vnto the State ? Yea , but though another might haue done this , yet how might you doe it , beeing his kinsman and his friende ? Surely if I had beene so , yet in a publique imployment , and trust laid vpon mee , I was not to refuse it , much lesse to prefer priuate kindnesse or amity , before my publique duety and loyalty : For what did I know the dangerous consequence of these matters , which were to bee discouered ? or who knowes them yet , of those that make themselues my competent Iudges ? But if there were no kindred or amity betweene vs , as I auow there neuer was , what bond then might tie me to him , but the tie of compassion of his miserie ? which was in my Soueraignes heart to distribute , when hee saw time , that did command mee , and not in the dispensation of mee , nor of any other instruments power , that is to bee commanded . Hitherto I haue prooued hee was angry , both with your Maiesty , & with my selfe , and therefore his testimony ought not to be of any force against me . It followeth next to proue , that his protestations and oathes , concerning others were false , both before he came to the Scaffold , and vpon the Scaffold . Before , against Queene Elizabeth of infinite famous memory , who aduanced him with great fauour from the dust . For one day my selfe vpbrayding him with the notorious extreame iniury he did my father , in deceiuing him of a great aduenture which my sayd father had in the Tyger , when hee went to the West Indies with my Vnkle Sir Richard Grenuill ; which was by his owne confession worth fifty thousand pound : which came all to his hands , my fathers portion at the least being tenne thousand pound that hee might lawfully clayme : Hee answered that the Queene howsoeuer she seemed a great good mistresse vnto him in the eyes of the world , yet was so vniust and tyrannous vnto him , that she layde the enuie aswell of this , as of many other her oppressions vpon him : and that shee tooke all the pearle in a Cabinet vnto her selfe , without euer giuing him so much as one pearle . This hee swore to me , and to Captaine Pennington , he did so basely and barbarouslie raile vpon that our most excellent Queene oftentimes , as hee can attest , that no man hath cause to beleeue his oth against others , that would breake his oath of Allegeance to so excellent a mistresse , that had raysed him from such meannesse to such greatnesse , as we of his countrey did well know .

Now that hee swore that he was not guiltie of the plotting of the Earle of Essex death , nor did insult vpon him being dead , there is a Gentleman of worth , which about that time came from out of a long captiuitie , which hee had suffered in Spaine , who touched at Sherborne , and Sir Walter Raleigh asked him , What they said in Spaine of Essex death : He answered , They heard not of it there : But that he was sory he heard in the Iland voyage , That the Earle had brought him to his mercy . To which Sir Walter Raleigh answered , But I trust I am now quittance With him ; which this Gentleman is ready to attest . Besides , in his Letters written to others , hee did ordinarily vpbraid him , That hee died like a Crauen : and in another , That the great boy dyed like a Calfe : And he was often heard to say , That he died like a foole , and like a coward : So persecuting his ghost , and insolently trampling in his ashes ; that it thence grew into many mens mouthes ; That it was better to be a liuing dogge , then a dead Lyon . But a more euident demonstration there cannot be of any thing , then that an olde Warder of the Tower will depose , that hee saw Sir Walter Raleigh the night before the Earles suffering , with his footman onely with him , to come to the Tower , and heard him giue strait instructions to the Lieutenant of the Tower for execution of the Warrant , for that worthy Lords execution , which shortly followed him . Whether then he for swore not himselfe euen at his death for publicue applause , about the not plotting the destruction , and not insulting on the death of that most noble Earle , and excellent Saint of God ; whole Christian humilitic and charitie , if Sir Walter had followed , hee had not called his repentance and Saintship so farre into question , as now he hath done , and so seditiously haue poisoned the hearts of discontented people , nor so maliciously wounded the reputation of an honest Subiect : Who vpon iust reason , beleeuing the disloyall and dishonourable wordes spoken by such a proude vassall against your sacred person to Monsieur Manourij , as other his disloyall deeds which hee intended against you : That if he had escaped , he was like to prooue as dangerous a Traitour to this Crowne , as euer Antonio de Pcres was to the Crowne of Spainc ; tooke them to heart , and performed my best deuoyer to bring him vnto Iustice . But whether , I say , hee forswore not himselfe in these things , I referre my selfe to them that are better acquainted with the Tragoedie of that time .

Not to forget in the end , that which hee confessed himselfe vnto me and others , that he tooke an oath vpon the Bible to his Company , which he purposed to breake ; which periury , his Lady hath said , was the cause of all his ruine . And what interpretation can my greatest enemie make of his oath , which voluntarily he swore vnto my selfe in the Lieutenants dining chamber , the Wednesday after his commitment ; which was , That he loued me as well , as any friend he had in the world ; to which I haue substantiall witnesse . But in all these things he vsed an aequiuocation , as he doeth in these things now concerning me . To which I answere in generall once for all , Sir Nicholas Throgmorton , father to his wife , was thought iustly to except against the testimonie of one Vaughan , brought against him , because he was a condemned man : And may not I then except against the testimonic of Sir Walter Raleigh , vrged against me vpon the Scaffold , comming from an Outlaw after Iudgement , euen in a case of high Treason ? Yet to answere in particular to the points , hee sayth first ; I neuer did receiue aduice from my Lo. Carew to make mine escape . And I doe now verely beleeue he neuer did receiue any such aduice , as I euer said to the Lords : But that Raleigh tolde it vnto Stucley , yea , and that many times , I will auow it vnto death , and take the Sacrament vpon it .

To the second ; I neuer named my Lord Hay , and my Lo. Carew , in other wordes and sence , then as my honourable friends : amongst other Lords my honourable friends . That is very true , and I would the rest of his Honourable friends vnderstood how farre he named them , as well as I doe . But as euer I beleeued , that he did abuse their Honourable names , to seduce mee , and to draw me to his purpose : So did I promise to my selfe , that some of the chiefe of them being ioyned in the bond either of blood or affinitie with mee , a poore Gentleman , would be a comfort vnto me in the way of my loyaltie , and renounce the testimonie of such a disloyall man , that was neuer true to any , but to himselfe . There is no mans displeasure can further hurt me , then hee hath threatned me , That if I reuealed the things he tolde me in priuate , I should die for it . And die for this cause I am content , so it be not by an assacinate : But whensoeuer I die , there shall die your Maiesties faithfull and loyall seruant , and one that will part with his blood at as deere a rate as he can .

For the third , concerning the shewing of a letter to mee about money , his wife if shee were put to her oath , can tell whether it were so or no. But vnder the former protestation , I auow it to be true , that he shewed me such a letter ; though I thinke it not true what the letter spake . I omit his periury in swearing hee had no designe for Fraunce ; when as Sir Iohn Fearne , and Captaine Penington are able to testifie vpon their oathes , that hee often told them hee had commission to stand them in stead from the High Admirall of France , which confirmes the testimony of M. Mannowry , who saw the Commission at Plimmouth , as he will depose it . I vrge not his periury in that Article concerning Sir Iohn Fearne , that he neuer had it in his thought to goe from Trinidado , to leaue his company : which Sir Iohn Fearn is ready to prooue , by the deposition of 60. persons , that Sir Walter propounded it vnto them , whatsoeuer he intended . And therefore how this man equiuocates at his death , all the world may see . O barbarous cruelty , to leaue so many gentlemen , when hee had secretly heard that his son was dead , to the mercy of their enemies , without hope or meanes to returne . Where hee also perswaded Captain Penington to goe away , who answered him , hee would rather die then lay the guilt vpon his soule , of the death of so many gentlemen : But if I would , you lately swore you haue no money left , quoth Captaine Penington , without which wee cannot victuall at Virginia ; Tut , whatsoeuer I swore ( sayd Sir Walter ) I haue 300. pieces in a corner at a dead lift ; as he confessed also to the Lords that he gaue one hundred and fifty pieces to his company to come home : And how then can that be true , which he swore at his death , that hee carried but 60. pieces with him , and brought home neere the same summe . Certainly periury was but a Peccadillio with this man , which he shewed also towards me , when he protested that I perswaded him to goe to Sir Edward Parrhams fathers house , which is most vntrue : For Sir Walter Raleigh hauing a secret intention , which afterwardes appeared to play the mountbanke at Salisbury to pretend the taking of a doze of poyson , by which hee deceiued mee first , that by me he might deceiue others , which was a most base vnmanly part ; thought Sir Edward Parrhams fathers house , whom he thought to bee a Papist , to bee a fit subiect of suspicion , which hee meant to cast vpon his friend , who had so louingly and worthily entertained vs. For , sayd Sir Walter , though the Gentleman would not hurt mee , yet there might bee Priests or Iesuites there that did it : For I remember after my mornings draught , of a cuppe of Ale , which Sir Edward Parrham offred me in the Hall , I felt presently a kinde of excoriation in mine Intralls , as if some Iesuit had beene the Butler . Now when I saw the pustales breake out vpon him at Salisbury , my Compassion I confesse was too credulous to report from his mouth so much , wherein I made no lie , but told a lie : Non mentientis astu , sed compassionis affectu , which hath beene ill required by him to whom I shewed it . But I am heartily sory for it , that being so farre abused as I was , I should wrong my true kinsman , which mooued mee after to no small iust indignation against Sir Walter , who had thus abused vs both . When I heard of his often purposes to escape to mine vndoing , to draw him forward to it , which hee intended of himselfe by making of a lie , Non amore mendacij , sed officij , the rather because hee had inuegled mee to hurt my kinsman by telling of a lie , which I doubt that Diuinitie would not beare but reason of State , ( as the best Philosophers doe hold ) doth beare it to bee lawfull to lie for the discouerie of Treason to doe seruice to the common wealth . Yea , but they say , that hee hath not left so sufficient a man behinde him , and that therefore his death is a losse to the common-wealth ; I doubt much of both . But no man denies , but he had many sufficiencies in him : But what were these , but so many weapons of practise and danger to the State , if hee escaped , being so deepely tainted in so many points of discontent , dishonesty , and disloyaltie ? He knew , as he writ , that as in nature , so in policy , A priuatione ad habitum non fit regressio , and therefore being desperate of any fortune heere , agreeable with the height of his minde , who can doubt , but he would haue made vp his fortune elswhere vpon any tearmes against his Soueraigne and Countrey ? No Coriolanus heart could bee more vindicatiue , then he was vnto them to whom he did impute his fault . Yea , but hee died most resolutely : Yea , but hee was taken most sheepishly . Neuer was there man out of the conscience of his owne corruption and guiltinesse so cowed at his taking , as he was ; trembling and weeping to come before Iustice . Yea but he gathered his spirits afterwards , and died resolutely . Euen so hath many a Iesuite done at Tyburne ; a cancred enemy to God and his Soueraigne : But with this difference , that they died in hope of false Martyrdome , and this with a desire of a false popular fame .

But he died like a Saint too : Hee hath before verie much called his Saintshippe into dispute by the carriage of his life : Wee may now iudge of it , by that hee did a night before his death , who after his Conferences with the Deane of Westminster , for his better instruction , and preparation of his soule for God , called the Keeper of the Gatehouse ( Master Weekes ) to him , and was curiously inquisitiue to know , whether hee had any Romish Priests vnder his charge , and custodie , and what they were ; but vpon his answere ( that he had not any ) whether hee mistrusted that Master Weekes would not deale plainely with him , or would not bee true vnto him , hee presently surceased from any further Inquisition of that matter ; which whether it might proceed of an irresolution in the Religion wherein hee professed himselfe to die , or out of a popular affectation to insinuate and applie himselfe to all factions , I leaue it to the censure of the Iudicious Reader , and of such as best obserued the whole Scene of his action vpon the Scaffold . But to go further , they say he died like a Souldier & a Saint , & therfore then to be beleeued , not only against me , but against the attestation of the State . O wicked times , to say no more ! But my hope is that Religion and the feare of God , and the conscience of our duty and loyaltic to your Maiestie , will sway more with the most and best , by that time men shall from the State be better informed . Opinionum commenta delebit dies , veritatis iudicia confirmabit , saith Tully . Wherfore I doe heere make two most humble petitions to your most excellent Maiestie . First , that seeing I your poore loyall Subiect am burthened and oppressed , with the Testimony of a bitter enemy , of a periurd and condemned man , which is against all reason , conscience , and law : That I may haue your Maiesties leaue to the confirmation of the truth , which I haue avowed to be sufficient ; to receiue the Sacrament vpon it in your Maiesties Chappel . The next is , that your Maiestie will be so gracious vnto mee , as to suffer a declaration to come forth from the State , for the cleering of these matters , and further satisfaction of the world : By which it may appeare , that the Iustice of God , and the Iustice of the King , did neuer better meete together in one man : Which my iust and humble request , I hope your Maiestie will not deny to