wounds; so, I trust that you will not imitate unlearned physicians, to give medicines more cruel than the disease itself. For the journey into Spain, I know that I was accused to be privy thereunto. But I know Your Lordships have a reputation of conscience as well as of industry. By what means that revengeful accusation was stirred, you, My Lord Cecil, know right well that it was my letter about Keymis; and Your Lordships all know, whether it be maintained, or whether out of truth, and out of a Christian consideration it be revoked. I know, that to have spoken it once is enough for the law, if we lived under a cruel prince. But I know that the king is too merciful to have or suffer his subjects to be ruined by any quick or unchristian advantage, unless he be resolved, or can persuade his religious heart of the equity. I know, that the king thinks with all good princes, satius est peccare in alteram partem. God doth know, and I can give an account of it, that I have spent forty thousand crowns of mine own against that king and nation; that I never reserved so much of all my fortunes as to purchase £. 40 per annum land; that I have been a violent persecutor, and fartherer of all enterprises against that nation.. I have served against them in person; and how, My Lord-Admiral and My Lord of Suffolk can witness. I discovered myself the richest part of all his Indies-I have planted in his territories-I offered. His Majesty, at my uncle Carew's, to carry two thousand men to invade him without the king's charge. Alas! to what end should we live in the world, if all the endeavours of so many testimoniesshall be blown-off with one blast of breath, or be prevented by one. man's word. And, in this time, when we have a generous prince, from whom to purchase honour and good opinion, I had no other hope but by undertaking upon that cruel and insolent nation. Think. therefore, I most humbly beseech you, on my great affliction, with compassion, who have lost my estate and the kng's favour upon one man's word; and as you would that God should deal with you, deal with me. You all know that the law of England hath need need of a merciful prince; and if you put me to shame, you take from me all hope ever to receive His Majesty's least grace again. I beseech you to be resolved of those things of which I am accused, and distinguish me from others. As you have true honour, and as you would yourselves be used in the like, forget all particular mistakes; multos clementia honestavit, ultio nullum. Your Lordships know that I am guiltless of the surprise intended.-Your Lordships know, or may know, that I never accepted of the money, and that it was not offered me for any ill-and of the Spanish journey, I trust your consciences are resolved. Keep not then, I beseech you, these my answers and humble desires from my sovereign lord; qui est rex pius et misericors, et non leo coronatus. Thus humby beseeching Your Lordships to have a merciful regard of me, I rest, Your Lordships' humble and miserable suppliant, WALTER RALEGH 4." High-treason IN Cecil's correspondence with Mr. Winwood, who was at that time resident in Holland, we have the following farther communication from the secretary relative to this conspiracy, in date October 3d. "As for our conspirators, (whereof the States have lately, by Indicted for M. Caron, congratulated the king) this course hath been taken. They are all now indicted for high-treason, and the time draweth near to lay open, by public trial of them, all particulars; which may be shortly reduced to these two heads. The one, the treason of surprise of the king and court, the consequence whereof must needs have proved very dangerous and bloody. The other, a purpose to propound to Spain the means to raise him a party to extirpate the king and his issue, by disbursing of a sum of five hundred thousand crowns. In the first, the Lord Grey, Mr. George Brooke, Sir Griffin Markham, and many other private gentlemen were engaged. In 1. See the Harleian Collection, xxxix, 360.; and Birch's Works of Ralegh, II. 379. the Persists in denial of it. Letter to the the second, the Lord Cobham confesseth himself guilty, and so doth Previously to his trial, Sir Walter Ralegh addressed the following "Sir WALTER RALEGH to King JAMES I." "Ir is one part of the office of a just and worthy prince, to hear the complaints of his vassals; especially such as are in great misery. I know, that among many presumptions gathered against me, Your Majesty hath been persuaded that I was one of them who were greatly discontented, and therefore the more likely to prove disloyal. But the great God of heaven and earth so relieve me as I was the contrary! And I took it as a great comfort to behold Your Majesty, always learning some good, and bettering my knowledge by hearing Your Majesty discourse; and do most humbly beseech Your Majesty not to believe any of those in my particular, who, under pretence of offences to kings do easily work their particular revenge. I trust, no man, under colour of making examples, shall persuade you to leave the word merciful out of Your Majesty's stile; for it will no less profit Your Majesty, and become your greatness, than the word invincible. It is true that the laws of England are no less jealous of the king, than Cæsar was of Pompey's wife: who, notwithstanding she was cleared for keeping company with Claudius, yet for being suspected he condemned her. For myself, I protest before the everlasting God (and I speak it to my master and sovereign) that I never 25 Winwood's Memorials, II. 8. invented invented treason, consented to treason, nor performed treason against you! And yet I know I shall fall in manus eorum a quibus non possum evadere, unless by Your Majesty's gracious compassion I be sustained. Our law, therefore, Most Merciful Prince, knowing her own cruelty, and knowing that she is wont to compound treasons out of presumptions and circumstances, doth give this charitable advice to the king her supreme; non solum sapiens esset rex sed et misericos, ut cum sapientia misericordetur et sit justus-cum tutius sit reddere rationem misericordiæ quam judicii. I do therefore, on the knees of my heart, beseech Your Majesty, to take counsel from your own sweet and comfortable disposition; and to remember that I have loved Your Majesty twenty years, for which Your Majesty has given me no reward. And it is fitter that I should be indebted to my sovereign lord, than the king to his poor vassal. Save me, therefore, Most Merciful Prince, that I may owe Your Majesty my life itself, than which there cannot be a greater debt. Lend it me at least, My Sovereign Lord, that I may pay it in your service when Your Majesty shall please to command it. If the law destroy me, Your Majesty shall put me out of your power, and then I shall have none to fear, none to reverence, but the King of Kings. Your Majesty's most humble vassal. WALTER RALEGH" ?? The plague raged in London at this time, and the term was held at Winchester. In the custody of Sir Robert Mansel, Ralegh was conveyed in his own coach to Bagshot on the 10th of November, and two days afterward to the castle at Winchester. Cobham and the rest were also brought thither about the same time". On the 17th of November the trial of Sir Walter Ralegh came on, and is here print 26 See the Harleian and other Collections; and Birchs' Works of Ralegh, II. 377.. 27 Stowe's Annals, p. 829.. Brought to Winchester. ed His trial. ed from the best edition of the State Trials. When we reflect what an English trial by jury should be, and which now, thank God! we are all well acquainted with, we shall wish that this unsightly tissue of abuse, malevolence, and oppression, had never existed as such upon the records of our country-but let the reader judge for himself. "The Trial of Sir WALTER RALEGH, Knight, at Winton, for High-Treason, November 17th, 1603. 1 Jać. I. The Commissioners were Rt. Hon. THOMAS HOWARD, Earl of Suffolk, Lord-chamberlain. CHARLES BLUNT, Earl of Devon. Lord HENRY HOWARD, afterward Earl of Northampton. EDWARD Lord WOTTON, of Morley. Sir JOHN STANHOPE, Vice-chamberlain. Sir WILLIAM WADE. First, the commission of Oyer and Terminer was read by the clerk of the crown-office, and the prisoner bid to hold-up his hand; and then presently the indictment, which was in effect as followeth: "That he did conspire and go about to deprive the king of his government, to raise up sedition within the realm, to alter religion, to bring in the Roman superstition, and to procure foreign enemies to invade the kingdom. That the Lord Cobham, the 9th of June last, did meet with the said Sir Walter Ralegh, in Durham-house, in the parish of St. Martin in the Fields, and then and there had conference with him how to advance Arabella Stuart to the crown and royal throne of this kingdom. And that then and there it was agreed, that Cobham |