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speaking; I protest before the living God, Tower, and being weary of a state wherein he am persuaded he spoke nothing but the truth. could be only serviceable by his pen, but not You wrote, that he should not in any case in a capacity of serving and enriching his confess any thing to a Preacher, telling him au country any other way, (of whom prince Henry example of my lord of Essex, that noble earl would say, that no king but his father would that is gone; who, if he had not been carried keep such a bird in a cage;') at length he fell away with others, had lived in honour to this upon an enterprize of a golden mine in Guiana day among us: he confessed his offences, and in the Southern parts of America. The propo obtained mercy of the Lord; for I am verily sition of this was presented and recommended persuaded in my heart, he died a worthy ser- to his majesty by sir Ralph Winwood, Secretary vant of God. Your conceit of not confessing of State, as a matter not in the air, or speculaany thing, is very inhuman and wicked. In tive, but real, and of certainty: for that sir this world is the time of confessing, that we Walter had seen of the ore of the mine, and may be absolved at the Day of Judgment. tried the richness of it, having gotten a pound You have shewed a fearful sign of denying God, from thence by the hands of Captain Kemish's in advising a man not to confess the truth. It ancient servant.-Sir Ralph's recommendations now comes in my mind, why you may not have of the design, and the earnest solicitations for your Accuser come face to face: for such an his enlargement by the queen and prince, and one is easily brought to retract, when he seeth the French Leiger, (with much affection to his there is no hope of his own life. It is dange- deserts, not without some politic designs on rous that any Traitors should have access to, Spain) together with the asseverations of sir Walor conference with one another; when they ter of the truth of the mine, worked upon his see themselves must die, they will think it best majesty, who thought himself in honour obliged, to have their fellow live, that he may cominit nay, in a manner engaged, as the Declaration the like Treason again, and so in some sort which he published after the death of sir Walter seek revenge.-Now it resteth to pronounce tells us, not to deny unto his people the adventhe Judgment, which I wish you had not been ture and hope of so great riches to be sought this day to have received of me: for if the and achieved at the charge of volunteers, espe fear of God in you had been answerable to cially since it stood so well with his majesty's your other great parts, you might have lived to politic and magnanimous courses in these his have been a singular good subject. I never flourishing times of peace to nourish and encousaw the like Trial, and hope I shall never see rage noble and generous enterprizes for plantathe like again: tions, discoveries, and opening of a new trade. -Count Gondomar, an active and subtle instrument to serve his master's ends, took alarm at this, 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. But notwithstanding, power at last is granted to sir Walter to set forth ships and men for that service. 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. vertisement was sent to Spain, and thence to So active were the Spanish ministers, that adthe Indies, before the English Fleet got out of the Thames.-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 passed his royal word to the contrary, yet they did help count Gondomar to that very Paper; so much both king and court were at Gondomar's service. A Commission indeed is granted, but by Gondomar's means is limited, That the

The JUDGMENT.

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; and from thence you shall be drawn upon a hurdle through the open streets to the place of execution, there to be hanged and cut down alive, and your body shall be opened, your heart and bowels plucked 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, and your body shall be divided into four quarters, to be disposed of at the king's pleasure: And God have mercy upon your soul.

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.

Fourteen years sir Walter had spent in the

As to the Judgment for Treason and the difference between the Judgment pronounced and that entered on the record, see Lord Derwentwater's Case, infra, A. D. 1715, and East's Pleas of the Crown, ch. 2. s. 78.

* This Commission bears date Aug. 26, 1616, and is to be found in 1 Rymer's Fœdera, 789, wherein no mention is made of the king of Spain, or his subjects, notwithstanding it is so

Fleet should commit no outrages upon the king of this kingdom, and then received the Judgof Spain's subjects by land, unless they began ment of death to be hanged, drawn, and quarfirst. With this commission, and the company tered; his majesty, of his abundant grace, hath of several brave captains, and other knights been pleased to shew mercy upon him 'till and gentlemen of great blood and worth, he now, that justice calls unto him for Execution. set out in quest of the Mine with a compleat Sir Walter bath been a statesman, and a man, fleet of 12 sail; letting fall a Speech at his de- who, in regard of his parts and quality, is to be parture, which was rather an argument of his pitied: he hath been as a star, at which the wit than his wisdom; That his whole History world hath gazed; but stars may fall, nay they ⚫ of the World had not the like precedent, of a must fall, when they trouble the sphere wherein king's prisoner to purchase freedom, and his they abide. It is therefore his majesty's pleabosom favourite to have the halter, but in sure now to call for Execution of the former Scripture, Mordecai and Haman;' meaning Judgment, and I now require order for the same. himself and the earl of Somerset. To which Then Mr. Fanshaw, Clerk of the Crown, he was told, that the king replied, He might read the Record of the Conviction and Judgdie in that deceit.' Which he did, for Somer-ment, and called to the Prisoner, to hold np his set was saved. Of whom was made good what hand, which he did., Then was the Prisoner sir Walter used to say of Favourites, That asked, What he could say for himself, why exeminions were not so happy as vulgar judgments cution should not be awarded against him? thought them, being frequently commanded to Sir Walter Raleigh. My lords, my voice is uncomely, and sometimes to unnatural employ-grown weak, by reason of my late sickness, and ments.' On the 17th of Nov. he arrived at Guiana an ague, which I now have; for I was even now having been much retarded by contrary winds, brought hither out of it. and having lost several of his volunteers in the voyage, by a violent calenture. 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. When he was brought to London, he was permitted the confinement of his own house: but finding the court wholly guided by Gondomar, he could hope for little mercy; therefore he wisely contrived the design of an escape into France; which sir Lewis Steukly betrayed. 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 ambassador had designed; 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.

Ilence they resolved to proceed against him upon his old condemnation †, for having had experience upon a former Trial, they cared not to run the hazard of a second. Accordingly upon Wednesday, the 28th of Oct. 1613, 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 King's-bench bar at Westminster. Where Mr. Attorney (Mr. Henry Yelverton,) spake in effect thus: My lords, sir Walter Raleigh, the prisoner at the bar, was 15 years since, convicted of High-Treason, by him committed against the person of his majesty, and the state

insinuated in the king's Proclamation against sir Walter Raleigh, June 11, 1618, which is extant in 1 Rym. Fœdera, 92.

1 Rush. col. 9.

† See the Order for his Execution, Ford. 115.

VOL, JI.

L. C. Justice (sir Edw. Coke). Sir Walter, your voice is audible enough.

Sir Walter. Then, my lord, all I can say is this; That the Judgment which I received to die so long since, I hope it cannot now be strained 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, wherein I had power as marshal, on the life and death of others, so, under favour, I presume I am discharged of that Judgment: for, by that Commission I departed the land, 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; 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. Being about to proceed, he was by the L. C. Justice interrupted, who spake :

L. C. J. Sir Walter Raleigh, this which you now speak, touching your Voyage, is not to the purpose, neither can your Commission any way help you, by that you are not pardoned; for by words of a special nature, in case of treason, you must be pardoned, and not implicitly. There was no word tending to Pardon in all your Commission, and therefore you inust say something else to the purpose; otherwise, we must proceed to give execution.

Sir Walter Raleigh. If your opinion be so, my lord, I am satisfied, and so put myself on the mercy of the king, who I know is gracious; and, under favour, I must say I hope he will be pleased to take commiseration upon me, is 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.

L. C. J. Sir Walter Raleigh, you must remember yourself; you had an honourable Trial, and so were justly convicted; and it were Rym. wisdom in you now to submit yourself, and to confess your Offence did justly draw upon you

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principal Secretary, Edward lord Wotton then our Comptroller of our Household, and other our Justices of Oyer and Terminer, at our

that Judgment which was then pronounced beloved Counsellor Frances lord Verulam, against you; wherefore I pray you attend what our chancellor of England; greeting. I shall say unto you. I am here called to 'Whereas sir Walter Raleigh, knight, late of grant Execution upon the Judgment given you the parish of Saint Martin in the Fields, in 15 years since; al which time you have been 'the county of Middlesex, with others, bath as a dead man in the law, and might at any been indicted of divers High Treasons by him minute have been cut off, i ut the king in mercy 'committed against us, and thereupon hath spared you. You might think it heavy, if this 'been tried, and found Guilty of the same, bewere done in cold blood, to call you to Execu- 'fore our dear cousin and counsellor, Thomas tion, but it is not so; for new Offences have carl of Suffolk, then Chamberlain of our stirred up his majesty's justice, to remember to 'Household, Gilbert late earl of Shrewsbury, revive what the law hath formerly cast upon 'Charles late earl of Devon, Henry lord Howyou. I know you have been valiant and wise,ard, Robert lord Cecil, of Essingdon, then our and I doubt not but you retain both these virtues, for now you shall have occasion to use them. Your faith hath heretofore been questioned, but I am resolved you are a gocd Chris-city of Winchester, in our county of Southtian; for your Book, which is an admirable work, doth testify as much. I would give you counsel, but I know you can apply unto yourself far better than I am able to give you; yet will I, with the good neighbour in the Gospel, who finding one in the way, wounded and distressed, poured oil into his wounds, and refieshed him, I give unto you the oil of comfort; though, in respect that I am a minister of the law, mixed with vinegar. Sorrow will not avail you in some kind: for, were you pained, sorrow would not ease you; were you afflicted, sorrow would not relieve you; were you tormented, sorrow could not content you; and yet, the sorrow for your sins would be an everlasting comfort to you. You must do as that valiant captain did, who perceiving himself in danger, said, in defiance of death; Death, ⚫ thou expectest me, but maugre thy spite, I expect thee.' Fear not death too much, nor fear not death too little: not too much, lest you fail in your hopes; not too little, lest you die presumptuously. And here I must conclude with my prayers to God for it; and that he would have mercy on your soul.—And so the L. C. Justice ended with these words: Execution is granted'.

Sir Walter Raleigh. My lord, I desire thus much favour, that I may not be cut off suddenly; for I have something to do in discharge of my conscience, and something to satisfy his majesty in, something to satisfy the world in; and I desire I may be heard at the day of my death. 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: and so I beseech you all to pray for me.

The Court having awarded Execution, the

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ampton, concerning Treasons, and other offences, lately assigned; which said sir Walter Raleigh was, for the same his Treasons, by them adjudged to be drawn, hanged, and quartered, according to the laws and customs of this our realm of England, in that case provided; which said Commission, with the said Judgment, Indictment, and the Trial and proccedings thereupon, were returned, and do remain in our said Court of Pleas, before us to be holden; and although the said sir Walter Raleigh be adjudged to die as aforesaid; yet we, minding to dispense with that manner of Execution of Judgment, do therefore, by these presents, pardon, remit, and release the said sir Walter Raleigh, of and from such Ex'ecution of his Judgment to be drawn, hanged, and quartered, as abovesaid, and instead thereof, our pleasure is to have the head only of the said sir Walter Raleigh cut off, at, or within our palace of Westminster, in, or upon some fit and convenient place, or scaffold, to be provided in that behalf, and that in such sort and order, as in such cases have been 'heretofore done; the said Judgment to be drawn, hanged, and quartered, or any law, or other thing, or matter, whatsoever, to the contrary notwithstanding: willing, charging, and hereby expressly commanding you our said Chancellor, That, upon receipt hereof, you do forthwith direct, under our great seal of England, two several Writs, one to the Lieutenant of our Tower of London, or his deputy there, for the delivery of the said Walter Raleigh to the sheriff of Middlesex, at, or within our said palace of Westminster aforesaid; and another Writ to the said sherit of Middlesex, for the receiving the said sir Walter Raleigh of and from the hands of our said Lieutenant, or his deputy, and for the executing of him there, at some fit and convenient place, to be there, by our said sheriff, erected and provided for that purpose, in such " manner and form as in such cases hath here'tofore been done, or used to be done; and these presents shall be your warrant and discharge for the same, against us, our heirs and successors for ever. Witness our self at 'Westminster, the 28th day of October 1618. 'Per Breve de Privato Sigillo!

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6 Sheriffs of Middlesex were commanded for that purpose to take him into their custody, who presently carried him to the Gatehouse. following is a Copy of the Warrant for his Exe

cution :

The

De Warranto speciali pro decollatione WALTERI
RALEIGH, militis.

JAMES, by the grace of God, king of England, Scotland, France, and Ireland, "defender of the faith, &c. To our right trusty and well

believe, that all this I have done, because it 'should not be said to your majesty, that your majesty had given liberty and trust to a man whose end was but the recovery of his liberty, and who had betrayed your majesty's trust. My mutineers told me, that if I returned for England I should be undone; but I believed in your majesty's goodness, more than in all 'their arguments. Sure I am, that I am the 'first that being free, and able to enrich myself, have embraced poverty and peril and as sure I am, that my example shall make me 'the last. But your majesty's wisdom and

But all persons have wondered how that old Sentence, that had lain dormant 16 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 Wm. 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; spare your purse in this particular, for upon my life you have a sufficient Pardon for all that is passed already, the king having, undergoodness I have made my judge; who have his broad-seal, made you admiral of your fleet, and given you power of the martial law, ' over the officers and soldiers.'

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. But sir Walter hath made the best defence for his Guiana actions, in his letter to his majesty, which is here inserted.

ever been, and shall ever be, your majesty's most humble vassal, WALTER RALEIGH.'

But this Apology, though never so persuasive, could not satisfy Gondomar's rage, who was resolved 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 helped to beat the Spaniard in the year 1583.

Sir WALTER RALEIGH's Letter to the King the
Night before his Execution.

THE night before the Execution, sir Walter wrote the following Letters, the one to the King, the other to his Wife:

The life which I had, most mighty prince, the law hath taken from me, and I am now 'but the same earth and dust, out of which I 'was made. If my offence had any propor tion with your majesty's mercy, I might de

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with your majesty's unmeasurable goodness, I might yet have hope; but it is you that must judge, and not Ì. Name, blood, genti'lity, or estate, I have none; no not so much as a being, no not so much as a citam plante: I have only a penitent soul in a body of iron, which moveth towards the loadstone of death, and cannot be withheld from touching it, except your majesty's mercy turn the point towards me that expelleth. Lost I am for hear

May it please your most excellent majesty; In my Journey outward-bound, I had my men murdered at the island, and yet spared to take 'revenge: if I did discharge some Spanish barques taken without spoil; if I did forbear all parts of the Spanish Indies, wherein I might have taken 20 of their towns on the 'sea-coasts, and did only follow the Enterprize I undertook for Guiana, where, without any directions from me, a Spanish village was burnt, which was new set up within threespair, or if my deserving had any quantity miles of the Mine, by your majesty's favour, I find no reason why the Spanish Ambassador • should complain of the. If it were lawful for the Spaniards to murder 26 Englishmen, bind⚫ing them back to back, and then cutting their throats, when they had traded with them a whole month, and came to them on the land without so much as one sword; and that it may not be lawful for your majesty's subjects, being charged first by them, to repel force by force; we may justly say, O miserable Eng-ing of vain man, for hearing only, and never lish! If Parker and Metham took Campeach and other places in the Honduraes, seated in the heart of the Spanish Indies, burned towns, killed the Spaniards, and had nothing said to ‹ them at their return, and myself forbore to look into the Indies because I would not offend; I may justly say, O miserable sir W. Raleigh! If I spent my poor estate, lost my son, sutiered by sickness, and otherwise, a world of miseries; if I have resisted with the mani-serable and unfortunate wretch that I am! fest hazard of my-life, the robberies and spoils which my company would have made; if when I was poor, I might have made myself rich; if when I had gotten my liberty, which all 'men, and nature itself do so much prize, I voluntarily lost it; if, when I was sure of my life, I rendered it again; if I might elsewhere have sold my ship and goods, and put 5 or 60001. in my pocket, and yet have brought her into England: I beseech your majesty to

:

believing nor accepting and so little account I made of that speech of his, which was my 'condemnation (as my forsaking bin doth truly witness) that I never remembered any such thing, till it was at my trial objected against me. So did he repay my care, who cared to make him good, which I now see no care of man can effect. But God (for my offence to him) hath laid this heavy burden on me, mi

But for not loving you (my sovereign) God hath not laid this sorrow on me; for he knows (with whom I am not in case to he) that I honoured your majesty by fame, and loved ' and admired you by knowledge; so that whe'ther I live, or die, your majesty's loving servant I will live and die. If now I write what seems not well-favoured, most merciful prince, vouchsafe to ascribe it to the counsel of a dead heart, and to a mind that sorrow

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