scertained. As has been remarked, all depends on how the thing was
said. If Caesar's summary of the proceedings had been handed down in a
more complete form, it might itself have impressed posterity otherwise
than the evidence impressed him. By the allusions in the Royal
_Declaration_ it may be seen that Ralegh was far from being overwhelmed
by St. Leger's and Pennington's testimony. In the first place he appears
to have asserted that the words concerning the plate fleet were spoken
after, and not before, the search for the Mine had been defeated, and
that the plan was propounded by him merely to keep the fleet together
through the tempting vision. If he had ever before said anything to the
same effect, 'it was but discourse at large.' Without regard to the
strength or weakness, the sufficiency or insufficiency, of his defence,
as to which Mr. Spedding concedes that the remains of Caesar's note
afford scanty materials for a conclusion, there can be no question that
the Commissioners paid little respect to his arguments. If they ever
embodied their opinion, as Mr. Spedding thinks probable, in words, he
certainly is correct in his conjecture that it was wholly condemnatory.

According to Ulloa's account, Bacon wound up the proceedings by
addressing a solemn rebuke to Ralegh for the injury he had done to
Spanish territories, and by telling him that he must die. Perhaps,
however, the Spaniard's informant antedated the Lord Chancellor's
announcement, which may be identical with that, hereafter to be
mentioned, of October 24. At all events, a privy seal seems to have been
sent to the Judges, 'forthwith to order execution.' Jacobean Judges
could commit monstrous injustices. They liked to be unjust according to
precedent. They demurred, and a conference of them was called. At this,
on October 23, it was decided that a privy seal was not enough. It was
determined that Ralegh should be brought to bar on a writ of Habeas
Corpus addressed to the Lieutenant of the Tower. He was to be asked if
he could urge any objection to an award of execution; 'for he might have
a pardon; or he might say that he was not the same person.' As a
preliminary he was called next day before the Council at Whitehall. He
was informed that he was to be executed on his old sentence. His reply
is not recorded. If he argued on behalf of his life, it was to no
purpose. He was more fortunate with his petition that he might be
beheaded, and not hanged. For that am