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Chief justice
Popham.

Parallel

between the Raleigh and

trials of

CHAP. V. upon the trial is more to be ascribed to the defective state of the law of treason, which, as it then stood, was unreasonable and unjust, than to any strong or improper bias against the accused. It has been well remarked, that we must be careful to distinguish between a system which is imperfect and partial in its operations, but which a judge is bound to administer, and a system changed or perverted for political ends by the iniquity of its administrators.* An able lawyer, the Solicitor-general Hawles, draws an interesting parallel between this case and that of Lord Russel: "The circumstances of his [Raleigh's] Lord Russell trial," says he, " in which the court always overruled the prisoner, were somewhat like the Lord Russel's: he complained of the ill usage of the king's counsel, as well as the Lord Russel; and both had reason so to do. Hearsay was admitted to be given in evidence against both; all that either of them said for themselves, though very material, was slighted. The one was put in mind at his trial of the death of the Earl of Essex, as the other was of the death of the Viscount Stafford; both in their dying speeches vindicated themselves of those aspersions. The principal witnesses in both cases had, before the trials, affirmed they knew nothing against them; they were both accused with having heard what other persons had said in their company, and had not discovered it; they both gave the same answer, that they could not help other men's talk." The concluding remark of Hawles observation is material, as corroborating the opinion at which, from an impartial examination of the circumstances of this trial, we have arrived,-that the whole accusation brought against Raleigh was a pretended charge which had no foundation in reality: "I think,” says he," it is plain, at this day, that of Sir Walter Raleigh is thought a sham plot; what the Lord Russel's is thought, let the author say."+

Concluding

Another of Raleigh's enemies, who sat on the trial as one of the commissioners, was Lord Henry Howard, son

* See the excellent observations of Mr Jardine, in the first volume of Criminal Trials, p. 513.

Oldys's Life, p. 385.

Hypocrisy

of the accomplished Earl of Surrey; a favourite instru- CHAP. V. ment of Cecil, and employed by him, as we have seen, Lord Henry in the correspondence he carried on with James before Howard. the death of Elizabeth. His nature was composed of singular contradictions. He inherited the talents, the taste, and accomplishments of his father; his manners were amiable; his powers of flattery and insinuation refined; his conversation captivating; and in the midst of a brilliant and corrupted society his piety appeared so sincere, and his charities so noble and extensive, that he might almost have passed for the model of a virtuous courtier. Yet this same person was in reality a monster of wickedness and hypocrisy; he assisted the infamous and crime. Rochester in the murder of Overbury; his letters, which completely established his share in this dark transaction, contained such a mixture of ferocity and obscenity, that the chief-justice could not read them entire to the court. His religion, notwithstanding his endowment of almshouses and his writings on devotional subjects, was as vacillating as his ideas of self-interest. He was bred a Changes of Papist; became a Protestant under Elizabeth; reverted religion. to Popery on the death of the queen; to please the king again declared himself a member of the reformed church; and died professing himself a Roman Catholic. Under these circumstances it is certainly difficult to say what` Lord Henry was in his religious belief. When a man changes four times, we may, without any great breach of charity, doubt whether his last metamorphosis, if he had lived, would have been more permanent than those which preceded it. But it is certain that he was the determined enemy of the accused; and even in the garbled report of the proceedings which has come down to us, enough of his malevolence appears to show that there was a sufficient reason for selecting him as a commissioner.

his trial.

The conduct of Raleigh on the trial excited great Conduct of admiration. He appears, probably from the share he Raleigh on had taken in the prosecution of Essex, to have been extremely unpopular at the time; but, judging from the

favour.

CHAP. V. letters of those who were present, a remarkable change was produced in his favour by the ability, courage, and Change produced in his temper with which he conducted his defence. One writer declares that he "behaved himself so worthily, so wisely, and so temperately, that in half a day the mind of all the company was changed from the extremest hate to the extremest pity." Another, who speaks also from personal observation, remarks that his manner and carriage upon the trial were worthy of all praise,-" to the lords humble, yet not prostrate; towards the jury affable, but not fawning, rather showing love of life than fear of death; towards the king's counsel patient, but not insensibly neglecting; not yielding to imputations laid against him in words: and it was wondered that a man of his heroic spirit could be so valiant in suffering."

FROM RALEIGH'S FIRST CONFINEMENT, &c. 263

CHAPTER VI.

From Raleigh's first Confinement in the Tower to his
Execution.

Extraordinary Pageant of an Execution in the Case of Markham and the Lords Grey and Cobham-Said to be the Invention of the King-Raleigh is reprieved and confined in the Tower-Reflections on his Character at this Period-His Pursuits in the Tower-His History of the World-His Chemical Studies-Lady Raleigh shares his ConfinementHis Son Carew born in the Tower-His Estate of Sherborne given to the Favourite Carr, Earl of Somerset-Raleigh's Correspondence and Friendship with Prince Henry-His various Writings addressed to this Prince-On War-On the Naval Power of England-On the Match with SavoyDeath of Prince Henry-Raleigh's Sorrow at this EventHis History of the World-Criticism upon this great Work -Death of Secretary Cecil-Raleigh's Epitaph on this Statesman-He regains his Liberty-Scheme for the Settlement of Guiana-Remonstrances of the Spanish Court-Character of Gondomar-Account of the Expedition-Its unfortunate Issue-Raleigh's Return to England-Proclamation against him-Inveteracy of the Spanish Government-James's Resolution to sacrifice him-Raleigh's Attempt to EscapeBetrayed by Stukely and Manourie-Recommitted to the Tower-His Examination by the Commissioners-His Employments in Prison-Difficulties attending the Mode of ex ecuting the former Sentence-His Behaviour on the Scaffold -His Death-Reflections on his Character.

AFTER his condemnation Raleigh was kept nearly a CHAP. VI. month at Winchester, in the constant expectation of Captivity at death. But the king, who thought highly of his own Winchester superior acuteness, had privately resolved on a singular

CHAP. VI. mode of discovering the more minute details of this supDevice of the posed conspiracy, which the skill of his prime minister

king.

The pilgrim

age.

and attorney-general had failed to develop. He signed the warrants for the execution of Lords Cobham and Grey, and their accomplice Sir Griffin Markham, omitting Sir Walter for the present, but directing that he also should be informed that the warrant had been prepared.*

It seems to have been at this period that Raleigh's quaint but in some places beautiful little poem was written, entitled

THE PILGRIMAGE.

"Give me my scallop-shell of quiet,
My staff of faith to walk upon,
My scrip of joy, immortal diet,
My bottle of salvation,

My gown of glory (hope's true gage);
And thus I'll take my Pilgrimage.

"Blood must be my body's balmer,-
No other balm will here be given;
Whilst my soul, like quiet palmer,
Travels to the land of heaven,

Over all the silver mountains,

Where do spring those nectar fountains:

"And I there will sweetly kiss
The happy bowl of peaceful bliss,
Drinking mine eternal fill,
Flowing on each milky hill.

My soul will be a-dry before;

But after, it will thirst no more.

"In that happy blissful day

More peaceful pilgrims I shall see,
That have doft their rags of clay,
And walk apparell'd fresh like me.
I'll take them first

To slake their thirst,

And then taste of nectar suckets,
At those clear wells

Where sweetness dwells,

Drawn up by saints in crystal buckets.

"And when our bottles, and all we
Are fill'd with immortality,
Then those holy paths we'll travel,
Strew'd with rubies thick as gravel;
Ceilings of diamonds, sapphire floors,
High walls of coral, and pearly bowers.

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