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ount of benevolence the Council intimated its willingness to hold itself responsible. [Sidenote: _Before the King's Bench._] A second privy seal came to the Justices of the King's Bench. Their Chief, Coke's successor, much more polished and discreet than he, was Sir Henry Montagu, afterwards Lord Treasurer, Lord President, and Earl of Manchester. His Court was simply commanded to proceed according to law, as it was called. Ralegh had been suffering from an attack of ague. On October 28, at eight, he was awakened with the fit still upon him. He was served with a summons to appear forthwith at Westminster. As he passed along the corridor an old servant, Peter, met him. While he was under Wilson's custody his own domestics had been withdrawn. They had since been allowed to attend him. One of Peter's duties had been to comb the hair, no longer flowing and thick, of his head, and his beard, for an hour a day. Ralegh had left off the practice for a time. As he told Wilson, 'he would know first who should have his head; he would not bestow so much cost of it for the hangman.' Peter had doubtless at his return brought his master back to the old usage. He now reminded Ralegh that he was going forth with his head undressed. Ralegh replied with a good-humoured question, 'Dost thou know, Peter, of any plaster that will set a man's head on again, when it is off?' [Sidenote: _Execution granted._] He was at Westminster soon after nine. After the Winchester conviction had been read, Yelverton, as Attorney-General, briefly demanded execution. He was more courteous than Coke had been in his place, and more dignified. 'Sir Walter Ralegh,' he said, 'hath been a statesman, and a man who, in regard to his parts and quality, is to be pitied. He hath been as a star at which the world hath gazed; but stars may fall, nay, they must fall when they trouble the sphere wherein they abide. It is therefore his Majesty's pleasure now to call for execution of the former judgment, and I require order for the same.' Ralegh held up his hand. He told the Court that 'his voice was grown weak by his late sickness, and an ague he had at that instant upon him; therefore, he desired the relief of a pen and ink.' Montagu told him he spoke audibly enough. So he proceeded with his defence. He argued, as Bacon is rumoured to have argued at Gray's Inn, that the King's commission for the late voyage, with the power of life and death, amounted to a pardon. Mont
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