1618 THE COMMISSIONERS PROPOSE A TRIAL. 145

deeds at least were already known, and these disclosures were received with indifference. Raleigh no longer doubted that he must prepare to die. His friends at Court had pleaded his cause in vain. Even the Queen, forgetful, since her quarrel with Somerset, of her old friendship with Spain, had, without success, urged Buckingham to interfere in his favour.1

The King of

Raleigh to

If Raleigh's execution was still delayed, it was because there were legal difficulties in the way. An answer having by this time been received from Philip, declining to Spain wishes accept James's offer to hand over Raleigh for execube executed tion in Spain,2 it was necessary to consider how he in England. was to be punished in England. James had fallen back on his original contention, that Raleigh could not be executed without a trial of some sort, but he was informed that as the prisoner was already under sentence of death, his existence for legal purposes was at an end, and that no Court now could legally try him.

The report of the Commissioners.

James therefore applied to the Commissioners to know what course it would be best for him to take. Their reply began Oct. 18. by repeating that Raleigh could not be tried for any offence which he had committed as an attainted man. It was, therefore, necessary, if he was to be executed at all, that he should be executed upon his former sentence. It would not be illegal to send him to the scaffold upon a simple warrant to the Lieutenant of the Tower. But if this were done, it would be well that a narrative should be published, setting forth the offences for which he was in reality to die. The Commissioners evidently felt that if, as a matter of legal formality, Raleigh was to be put to death for his alleged intrigue with Spain in 1603, it should at all events be made plain that this was nothing more than a legal formality. But there can be little doubt that, in their hearts, they preferred the alternative which they next suggested, namely, that, as far as the law would permit, Raleigh should have the

They propose an

informal trial before the Council.

The Queen to Buckingham, Cayley's Life of Raleigh, ii. 164. 2 Aug. 26, Madrid Palace Library.

Sept. 5,

advantage of a public trial. He was to be called before the Council, which was on this occasion to be reinforced by the addition of some of the Judges. The doors were to be thrown open to certain noblemen and gentlemen who were to be summoned as witnesses of the proceedings. After the necessity of this unusual form of trial had been explained, the lawyers were to open the case, and the examinations were to be read, just as would have been done in Westminster Hall. Raleigh was to be heard in his own defence; and that there might be no repetition of the unfair treatment which he had received at Winchester, the witnesses against him were to be produced in open court. Although no sentence could be formally recorded, the Councillors and the Judges were to give their opinions whether there was sufficient ground to authorise the King in putting the law in force against the prisoner.1

James rejects their proposal.

The recommendation of the Commissioners shows that they at least, after full examination of the evidence, were suficiently convinced of the strength of the case against Raleigh to be willing to expose it to his attack in the full light of day.2 James was more easily frightened. He could not indeed bear to send Raleigh to the scaffold without hearing him in his own defence. But neither was he willing to allow him to plead his cause before an interested, and probably a sympathetic, audience. He remembered how, in his trial at Winchester he had, 'by his wit, turned the hatred of men into compassion of him.'3 No wonder that James was alarmed. How could he bear that Raleigh should be permitted to denounce with withering scorn that alliance with Spain which was so dear to his heart. Such words were sure to find a response in the hearts of the spectators; perhaps even in the hearts of his judges. There might be division in the Council; Pembroke, Arundel, and Carew might be found unwilling to condemn the man whom they had favoured.

The Commissioners to the King, Oct. 18, Bacon's Letters and Life, vi. 361.

2 This was pointed out by Mr. Spedding, ibid. vi. 362. The King to the Commissioners, ibid. vi. 363.

1618 RALEIGH BEFORE THE COMMISSIONERS. 147 James forgot that the real danger did not so much lie in what Raleigh might say, as in the temper of those who were likely to accept Raleigh's defiance of Spain as all to which it was needful to listen.' Because James had given way too much to Spain when she was in the wrong, he could not venture openly to plead the cause of Spain when she was in the right. He would therefore refuse Raleigh a public trial. He did not see that the danger into which he was running was greater than that which he avoided-that a people excited against Spain by his attempt to draw the two countries into close alliance by the bonds of marriage, would be certain to cherish the conviction that Raleigh had been condemned in secret, merely because his enemies did not dare to condemn him openly.

On October 22, therefore, Raleigh, in place of being brought before even the whole of the Privy Council, was brought once more before the limited body of Commissioners. Of what he said to the charges against him the notes which have come down to us are too brief to enable

Oct. 22. Raleigh

before the

Commissioners.

us to judge fully. He persisted in his assertion. that he really purposed to attempt the mine, and he denied having intended to bring about war between England and Spain. We also learn that 'being confronted with captains St. Leger and Pennington,' he 'confessed that he proposed the taking of the Mexico fleet if the mine failed.' Here the condensed record breaks off, and we are left to imagine what was further said on either side. It would seem that Bacon, in the name of the Commissioners, informed Raleigh that he was to die, after pronouncing him to be guilty of abusing the confidence of his own sovereign and of injuring the subjects of the King of Spain.2

14,

'According to a news-letter of Feb. 1618, there had been meetings in the counties of the leading Puritans, as they are styled, to consider whether, if Parliament were called, it would not be well to offer the King the then unheard-of sum of ten subsidies to break off the marriage.— Roman Transcripts, R. O.

2 Bacon's Letters and Life, vi. 265. Mr. Spedding has pointed out that in these notes, as printed by me for the Camden Miscellany, vol. v., a date

Accordingly a privy seal was directed to the Justices of the King's Bench, commanding them to award execution upon the old sentence. James seems to have expected Proceedings in the King's that it would be unnecessary for Raleigh to appear Bench. in Court. The Judges, however, declared that it was impossible for them to act unless the prisoner was produced, as he must have an opportunity of giving a reason, if he could find one to give, why execution should not be awarded. On October 28, therefore, Raleigh, weak and suffering as he was from an attack of ague, was brought to the bar. Yelverton, in a few brief sentences, demanded the execution of the Winchester judgment. Raleigh, when called upon to say what he could for himself, advanced the argument that the Winchester judgment was virtually discharged by the commission which had entrusted him with the power of life and death over others. He then began to speak of his late voyage. But he was immediately interrupted by the Chief Justice, who told him that he was not called in question for his voyage, but for the treason which he had committed in 1603. Unless he could produce an express pardon from the King, no argument that he could use would be admissible. Raleigh answered that, if that were the case, he had nothing to do but to throw himself upon the King's mercy. He believed that most of those who were present knew what the Winchester verdict was really worth; and he was sure that the King knew it too. As soon as he had concluded, Montague awarded execution according to law.2

James had no intention of granting any further respite. It was in vain that Raleigh begged for a few days to complete Raleigh presome writings which he had on hand; he was told pares to die. that he must prepare for execution on the following morning. As he was to suffer in Palace Yard, he was taken to the Gatehouse at Westminster to pass the night. With the certainty of death he regained the composure to which

of Aug. 17, which the note-taker, Sir J. Cæsar, had carefully erased, was inadvertently left standing.

Hutton's Rep. 21.

2

Cayley, Life of Raleigh, ii. 161.

1618

His last

Gatehouse.

RALEIGH'S LAST HOURS

149

he had long been a stranger. In the evening, Lady Raleigh came to take her farewell of her husband. Thinking night in the that he might like to know that the last rites would be paid to his remains, she told him that she had obtained permission to dispose of his body. He smiled, and answered, "It is well, Bess, that thou mayest dispose of that dead which thou hadst not always the disposing of when it was alive." At midnight she left him, and he lay

Oct. 29.

down to sleep for three or four hours. When he woke he had a long conference with Dr. Townson, the Dean of Westminster, who was surprised at the fearlessness which he exhibited at the prospect of death, and begged him to consider whether it did not proceed from carelessness or vainglory. Raleigh did his best to disabuse him of this idea, and told him that he was sure that no man who knew and feared God could die with fearlessness and courage, except he were certain of God's love and favour to him. Reassured by these words, Townson proceeded to administer the Communion to him; after he had received it, he appeared cheerful, and even merry. He spoke of his expectation that he would be able to persuade the world of his innocence. The good Dean was troubled with talk of this kind, and begged him not to speak against the justice of the realm. Raleigh acknowledged that he had been condemned according to the law, but said that, for all that, he must persist in asserting his innocence.

He is con

As the hour for his execution approached, Raleigh took his breakfast, and smoked his tobacco as usual. His spirits were excited by the prospect of the scene which was ducted to the before him. Being asked how he liked the wine scaffold. which was brought to him, he said that 'it was good drink, if a man might tarry by it.' At eight the officers came to fetch him away. As he passed to the scaffold he noticed

that one of his friends, who had come to be near him at the last, was unable to push through the throng. "I know not," he said, "what shift you will make, but I am sure to have a place." A minute after, catching sight of an old mar.

1 Townson to Isham, Nov. 9, 1618. Cayley, Life of Raleigh, ii. 176.