This concluded the evidence, and the jury having retired for less than a quarter of an hour, they returned, and brought in a verdict of Guilty.
When asked whether he had anything to say why judgment should not be passed upon him, Raleigh said that he had never practised with Spain, that he never knew that Cobham meant to get there ('I will ask no mercy at the king's hands, if he will affirm it'), that he never knew of the practice with lady Arabella, that he knew nothing of Cobham's practice with Aremberg, nor of the surprising Treason.
The Lord Chief-Justice replied that he was persuaded that Cobham had accused him truly, and reminded him that he had been offered a pension to act as a spy for Spain. Raleigh answered that he submitted himself, and his 'son of tender years, unbrought up,' to the king's mercy.
Lord Chief-Justice—I thought I should never have seen this day, to have stood in this place to give Sentence of Death against you; because I thought it impossible, that one of so great parts should have fallen so grievously. God hath bestowed on you many benefits. You had been a man fit and able to have served the king in good place. You had brought yourself into a good state of living; if you had entered into a good consideration of your estate and not allowed your own wit to have intrapped yourself, you might have lived in good comfort. It is best for man not to seek to climb too high, lest he fall: nor yet to creep too low, lest he be trodden on. It was the Poesy of the wisest and greatest Counsellor of our time in England, In media spatio mediocria firma locantur. You might have lived well with £3000 a year, for so have I heard your revenues to be. I know nothing might move you to be discontented: but if you had been down, you know fortune's wheel, when it is turned down, riseth again. I never heard that the king took away anything from you but the Captainship of the Guard, which he did with very good reason, to have one of his own knowledge, whom he might trust, in that place. You have been taken for a wise man, and so have shewed wit enough this day. Again for Monopolies for Wine, etc., if the king had said, It is a matter that offends my people, should I burden them for your private good? I think you could not well take it hardly, that his subjects were eased, though by your private hindrance. Two vices have lodged chiefly in you; one is an eager ambition, the other corrupt covetousness. Ambition, in desiring to be advanced to equal grace and favour, as you have been beforetime; that grace you had then, you got not in a day or year. For your covetousness, I am sorry to hear that a gentleman of your wealth should become a base Spy for the enemy, which is the vilest of all other; wherein on my conscience, Cobham hath said true: by it you would have increased your living £1500 a year. This covetousness is like canker, that eats the iron place where it lives. Your case being thus, let it not grieve you if I speak a little out of zeal, and love to your good. You have been taxed by the world, with the Defence of the most heathenish and blasphemous Opinions, which I list not to repeat, because Christian ears cannot endure to hear them, nor the authors and maintainers of them be suffered to live in any Christian Commonwealth. You know what men said of Harpool. You shall do well, before you go out of the world, to give satisfaction therein, and not die with these imputations on you. Let not any devil persuade you to think there is no eternity in Heaven: for if you think thus, you shall find eternity in Hell-fire. In the first accusation of my lord Cobham, I observed his manner of speaking; I protest before the living God, I am persuaded he spoke nothing but the truth. You wrote, that he should not in any case confess any thing to a Preacher, telling him an example of my lord of Essex, that noble earl that is gone; who, if he had not been carried away with others, had lived in honour to this day among us: he confessed his offences, and obtained mercy of the Lord; for I am verily persuaded in my heart, he died a worthy servant of God. Your conceit of not confessing anything is very inhuman and wicked. In this world is the time for confessing, that we may be absolved in the Day of Judgment. You have shewed a fearful sign of denying God, in advising a man not to confess the truth. It now comes to my mind, why you may not have your Accuser come face to face: for such an one is easily brought to retract, when he seeth there is no hope of his own life. It is dangerous that any Traitors should have access to, or conference with one another; when they see themselves must die, they will think it best to have their fellow live, that he may commit the like treason again, and so in some sort seek revenge.—Now it resteth to pronounce the Judgment, which I wish you had not been this day to have received of me: for if the fear of God in you had been answerable to your other great parts, you might have lived to have been a singular good subject.
I never saw the like Trial, and hope I shall never see the like again.
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.
The execution of sentence on Raleigh was deferred, and he was committed to the Tower, where he remained as a State prisoner for the next thirteen years, engaged in philosophic and scientific pursuits and the education of Prince Henry, the then Prince of Wales. All this time, however, he remained a person of considerable political importance, owing to the assistance which the opponents of the proposed marriage between Prince Charles and the Spanish Infanta hoped to derive from his general popularity, and his reputation as the leading representative of English hatred of Spain. At last, in 1616, he was released from custody, though he was still technically a condemned man, and allowed to prepare his expedition in search of the gold-mine which he believed to exist in Guiana, on the banks of the Orinoco. The expedition was in fact promoted by Winwood, then Secretary, and Villiers, who was at the moment in the hands of the enemies of Somerset and the Spanish faction, and was always intended by them as an act of hostility to Spain. How far Raleigh entered into it in the spirit in which he represented it to the King, may be judged of from the fact that he was ready at one time to direct it against the Spaniards in Genoa, as a relief to the Duke of Savoy, with whom they were then at war, and at another against the French, to support a rebellion against the Queen-Mother, then in power. He had also entered into negotiations with the French Court to bring his ships back to France rather than England when its end was accomplished. What Raleigh's actual intentions were when he started, it is impossible to say. But they were all frustrated when a force which he sent up the Orinoco was disastrously defeated in January 1617, in an attack on a Spanish settlement, which was unexpectedly discovered between the sea and the supposed situation of the mine. Raleigh returned a ruined man. He wished himself to go to France, but his crew forced him to promise to obtain their pardon from the King before he brought his ship into port. In the end, after having touched at Kinsale, he persuaded his men to sail for Plymouth. On landing he set out for London, but on the way met his cousin, Sir Lewis Stukely, Vice-Admiral of Devon, charged with orders to arrest him. Returning to Plymouth, he found means to put himself into communication with the captain of a French ship, lying in the Sound. Preparations were made for his escape in her, but Raleigh changed his mind when he was actually in a boat on his way to board her, and returned to land. Soon after orders came that he should be brought up to London; but he managed to procure a little more time by feigning illness at Salisbury. Here he attempted to bribe Stukely to allow him to escape; but this proving in vain, he sent King, one of his captains, to hire a vessel at Gravesend to await him till he could go on board. The master, however, communicated the plan to a captain of one of the King's ships, who passed it on to Stukely, who thereupon communicated both attempts to the King. The next day Stukely sent the further information to the Court, that Le Clerc, the agent of the King of France, had offered Raleigh a passage on a French ship, and letters which would procure him an honourable reception in France, which Raleigh had refused on the ground that his escape was already provided for. Stukely was accordingly ordered to feign friendship with Raleigh, and to aid his attempt to escape, arresting him at the last moment; the object being to gain as much information as to his designs as he could from Raleigh, and possibly to obtain papers which would contain evidence against him and his confederates. Raleigh was thereupon taken to his own house in Bread Street, where he received a visit from Le Clerc, who repeated his offers, which were accepted, and he was finally arrested the next morning as he was escaping in a boat with Stukely and King, and brought back once more to the Tower. Here Sir Thomas Wilson, an old spy of Queen Elizabeth's, was set to extract from him, if he could, an acknowledgment of the true character of his dealings with the French; and at length Raleigh wrote to the King admitting that he had sailed with a commission from the French admiral, and that La Chesnée, the interpreter to the French Ambassador, had offered to assist in his escape. Meanwhile a commission had been sitting to advise the King as to the best course for him to follow. In the end they reported that Raleigh could not be tried for any offence of which he had been guilty as an attainted man, that if he were executed at all, he must therefore be executed upon the old judgment, and that it would not be illegal to send him to execution on a simple warrant. At the same time, they recommended that he should be allowed something as near a trial as the circumstances admitted of; that there should be a public proceeding in which the witnesses should be publicly called, and that Raleigh should be heard in his own defence.
This, however, the King would not allow; and on the 28th of October 1618, Raleigh was brought up from the Tower to the King's Bench at Westminster to receive judgment. He was called on to say why execution should not be awarded against him, and pleaded that whereas since judgment he had held the King's commission for a voyage beyond the seas, with power of life and death over others, he was discharged of the judgment; 'but the voyage, notwithstanding my endeavour, had no other success, but what was fatal to me, the loss of my son, and the wasting of my whole estate.'
Sir Edward Coke, now Lord Chief-Justice, ruled that this plea was bad, as the commission had not the effect of a pardon, 'for by words of a special nature, in case of treason, you must be pardoned, and not implicitly.' He then proceeded, not without dignity, to order that execution should be granted.