[The History of England in Three Volumes, Vol.I., Part D. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part D. CHAPTER XLVIII 5/40
Violences of this nature, which had been carried to a great height on both sides, it was agreed to bury in total oblivion; because of the difficulty which was found in remedying them upon any fixed principles. But as there appeared a great difference between private adventurers in single ships, and a fleet acting under a royal commission, Raleigh's companions thought it safest to return immediately to England, and carry him along with them to answer for his conduct.
It appears that he employed many artifices, first to engage them to attack the Spanish settlements, and, failing of that, to make his escape into France: but, all these proving unsuccessful, he was delivered into the king's hands, and strictly examined, as well as his fellow-adventurers, before the privy council.
The council, upon inquiry, found no difficulty in pronouncing, that the former suspicions, with regard to Raleigh's intentions, had been well grounded; that he had abused the king in the representations which he had made of his projected adventure; that, contrary to his instructions, he had acted in an offensive and hostile manner against his majesty's allies; and that he had wilfully burned and destroyed a town belonging to the king of Spain.
He might have been tried either by common law, for this act of violence and piracy; or by martial law, for breach of orders: but it was an established principle among lawyers,[*] that, as he lay under an actual attainder for high treason, he could not be brought to a new trial for any other crime. To satisfy, therefore the court of Spain, which raised the loudest complaints against him, the king made use of that power which he had purposely reserved in his own hands, and signed the warrant for his execution upon his former sentence.[**] [54] * See this matter discussed in Bacon's Letters published by Dr Birch, p.
181. ** See note BBB, at the end of the volume. Raleigh, finding his fate inevitable, collected all his courage and though he had formerly made use of many mean artifices, such as feigning madness, sickness, and a variety of diseases, in order to protract his examination, and procure his escape, he now resolved to act his part with bravery and resolution, "'Tis a sharp remedy," he said, "but a sure one for all ills," when he felt the edge of the axe by which he was to be beheaded.[*] His harangue to the people was calm and eloquent; and he endeavored to revenge himself, and to load his enemies with the public hatred, by strong asseverations of facts, which, to say the least, may be esteemed very doubtful.[**] With the utmost indifference he laid his head upon the block, and received the fatal blow; and in his death there appeared the same great, but ill-regulated mind, which, during his life, had displayed itself in all his conduct and behavior. * Franklyn, p.
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