ant document was
found at Simancas, and first published in 1868 by Mr. St. John. On the
same day Philip III. sent a despatch to James I. desiring him in
peremptory terms to save him the trouble of hanging Raleigh at Madrid by
executing him promptly in London. As soon as this ultimatum arrived,
James applied to the Commissioners to know how it would be best to deal
with the prisoner judicially. Several lawyers assured him that Raleigh
was under sentence of death, and that therefore no trial was necessary;
but James shrank from the scandal of apparent murder. The Commissioners
were so fully satisfied of Raleigh's guilt that they advised the King to
give him a public trial, under somewhat unusual forms. He was to be
tried before the Council and the judges, a few persons of rank being
admitted as spectators; the conduct of the trial to be the same as
though it were proceeding in Westminster Hall. On receipt of the
despatch from Madrid, that is to say on October 3, Lady Raleigh, whose
presence was no longer required, was released from the Tower.

The trial before the Commissioners began on October 22. Mr. Gardiner has
printed in the _Camden Miscellany_ such notes of cross-examination as
were preserved by Sir Julius Caesar, but they are very slight. Raleigh
seems to have denied any intention to stir up war between England and
Spain, and declared that he had confidently believed in the existence of
the mine. But he made no attempt to deny that in case the mine failed he
had proposed the taking of the Mexican fleet. At the close of the
examination, Bacon,[13] in the name of the Commissioners, told Raleigh
that he was guilty of abusing the confidence of King James and of
injuring the subjects of Spain, and that he must prepare to die, being
'already civilly dead.' Raleigh was then taken back to the Tower, where
he was left in suspense for ten days. Meanwhile the Justices of the
King's Bench were desired to award execution upon the old Winchester
sentence of 1603. It is thought that James hoped to keep Raleigh from
appearing again in public, but the judges said that he must be brought
face to face with them. On October 28, therefore, Raleigh was roused
from his bed, where he was suffering from a severe attack of the ague,
and was brought out of the Tower, which he never entered again. He was
taken so hastily that he had no time for his toilet, and his barber
called out that his master had not combed his head. 'Let them kem that
a