, and were soundly beaten for
their hostility.

The Government was in a dilemma. It meant to put Ralegh to death, and
the process was as behindhand as at Ralegh's return to Plymouth, or more
so. Spain had the promise of his blood, as soon as it should decide
whether itself or England were to provide the scaffold. On October 15
the Spanish Legation in London received the answer of the Escurial.
Philip III had no mind to accept the odium before Europe of murdering a
redoubtable foe. He expressed his preference for an execution in
England, and at once. Only in one way could the object be effected.
Ralegh must be put to death, not ostensibly for San Thome, but for the
Main Plot. Both for Ralegh and his heroic wife the immediate results
were solacing. There was no need for tormenting either further for the
concoction of a fresh indictment, if the original indictment retained
strength to do the work. A warrant was addressed to Wilson for Lady
Ralegh's release from his supervision. By another he was discharged from
attendance upon her husband. Ten days earlier he had pretended to pray
the King's leave to give up his trust at the Tower. He said he was
anxious to resume the arrangement of the State papers of the previous
six or seven years. For Ralegh at all events it was a happy respite to
be restored, for the last dozen days of his Tower life, to the honest
keeping of Sir Allen, and the charitable offices of Lady Apsley.

CHAPTER XXIX.

A SUBSTITUTE FOR A TRIAL (October 22, 1618).

[Sidenote: _Two Courses._]

Bacon, his fellow Commissioners, and the Law Officers were consulted by
the Crown on the fitting procedure for the setting up of the old
conviction. Coke seems to have been deputed by the other Commissioners
to embody in legal form their unanimous opinion, which Bacon, as Lord
Chancellor, delivered to James on October 18. The only copy in existence
is in Coke's handwriting. It was to the purport that Ralegh, being
attainted already of high treason, could not be drawn in question
judicially for any crime since committed. The Commissioners recommended
one of two courses. The first was for the King to issue his warrant for
execution upon the conviction of 1603. At the same time, as Ralegh's
'late crimes and offences were not yet publicly known,' a printed
narrative of them might be published. The Commissioners agreed that such
a course could legally be pursued. Some among them would see as clearly,
though they