Thus was Sherborne given to Sir Robert Car, after Earl of Somerset. The Lady Ralegh* with her children, humbly and earnestly petitioning the king for compassion on her and her's, could obtain no other answer from him, but that he mun have the land, he mun have it for Car. She being a woman of a very high spirit, and noble birth and breeding, fell down upon her knees, with her hands heaved up to Heaven, and in the bitterness of spirit beseeched God Almighty to look upon the justness of her cause, and punish those who had so wrongfully exposed her and her poor children, to ruin and beggary. What hath happened since to that royal family, is too sad and disastrous for me to repeat, and yet too visible not to be discerned.

But to proceed: Prince Henry, hearing the king had given Sherborne to Sir Robert Car, came with some anger to his father, desiring he would be pleased to bestow Sherborne upon him, alledging that it was a place of great strength and beauty, which he much liked, but indeed, with an intention to give it back to Sir Walter Ralegh, whom he much esteemed. The king, who was unwilling to refuse any of that prince's desires (for indeed, they were most commonly delivered in such language, as sounded rather like a demand than an intreaty) granted his request; and to satisfy his favourite, gave him twenty-five thousand pounds in money, so far was the king or crown from gaining by this purchase. But that excellent prince, within a few months, was taken away; how, and by what means, is suspected by all, and I fear was then too well known by many. After his death, the king gave Sherborne again to Sir Robert Car, who, not many years after, by the name of Earl of Somerset, was arraigned and condemned for poisoning Sir Thomas Overbury, and lost all his lands. Then Sir John Digby, now Earl of Bristol, begged Sherborne of the king, and had it.

Sir Walter Ralegh, being of a vigorous constitution and perfect health, had now worn out sixteen years imprisonment, and had seen the disastrous end of all his greatest enemies. So that new persons and new interests now springing up in court, he found means to obtain his liberty; but upon condition to go a voyage to Guiana, in discovery of a gold mine. That unhappy voyage is well known almost to all men, and how he was betrayed from the very beginning, his letters and designs being discovered to Gondomar, the Spanish ambassador, whereby he found such opposition upon the place, that though he took and fired the town of St. Thome, yet he lost

She was the only daughter of Sir Nicho- Mary's time and acquitted. See Fox's Acts las Throgmorton, who was arraigned in Queen and Monuments.

his eldest son in that service; and being desperately sick himself, was made frustrate of all his hopes.

Immediately upon his return home, he was made prisoner, and by the violent pursuit of Gondomar and some others, who could not think their estates safe while his head was upon his shoulders, the king resolved to take advantage of his former condemnation sixteen years past, being not able to take away his life for any new action. And, though he had given him a commission under the broad-seal to execute martial law upon his own soldiers, which was conceived, by the best lawyers, a full pardon for any offence committed before that time, without any farther trouble of the law, cut off his head.

Here justice was indeed blind, blindly executing one and the same person upon one and the same condemnation, for things contradictory; for Sir Walter Ralegh was condemned for being a friend to the Spaniard, and lost his life for being their utter enemy. Thus kings, when they will do what they please, please not him they should, God; and, having made their power subservient to their will, deprive themselves of that just power whereby others are subservient to them.

To proceed: Mr. Carew Ralegh, only son of Sir Walter, being at this time a youth of about thirteen, bred at Oxford, after five years came to court; and, by the favour of the right honourable William Earl of Pembroke, his noble kinsman, hoped to obtain some redress in his misfortunes. But the king not liking his countenance, said, he appeared to him like the ghost of his father. Whereupon the earl advised him to travel, which he did till the death of King James, which happened about a year after. Then coming over, and a parliament sitting, he, according to the custom of this land, addressed himself to them by petition, to be restored in blood, thereby to enable him to inherit such lands, as might come unto him either as heir to his father, or any other way. But, his petition having been twice read in the Lords' House, King Charles sent Sir James Fullerton (then of the bed-chamber) unto Mr. Ralegh, to command him to come unto him; and, being brought into the king's chamber by the said Sir James, the king, after using him with great civility, notwithstanding told him plainly, that, when he was prince, he had promised the Earl of Bristol to secure his title to Sherborne, against the heirs of Sir Walter Ralegh; whereupon the earl had given him, then prince, ten thousand pounds; that now he was bound to make good his promise, being king; that therefore, unless he would quit all his right and title to Sherborne, he neither could nor would pass his bill of restoration. Mr. Ralegh,

urged

urged the justness of his cause; that he desired only the liberty of a subject, and to be left to the law, which was never denied any freeman. Notwithstanding all which allegations, the king was resolute in his denial, and so left him. After which, Sir James Fullerton used many arguments to persuade submission to the king's will; as, the impossibility of contesting with kingly power; the not being restored in blood, which brought along with it so many inconveniencies, that it was not possible without it to possess or enjoy any lands or estate in this kingdom; the not being in a condition, if his cloak were taken from his back, or hat from his head, to sue for restitution. All which things being considered, together with splendid promises of great preferment in court, and particular favours from the king, not improbable, wrought much in the mind of young Mr. Ralegh, being a person not full twenty years old, left friendless and fortuneless, and prevailed so far, that he submitted to the king's will.

Whereupon there was an act passed for his restoration, and, together with it, a settlement of Sherborne to the Earl of Bristol; and, in shew of some kind of recompence, four hundred pounds a-year pension, during his life, granted to Mr. Ralegh after the death of his mother, who had that sum paid unto her, during life, in lieu of jointure.

Thus have I, with as much brevity, humility, and candour as the nature of the case will permit, related the pressures, force, and injustice committed upon a poor oppressed, though not undeserving*, family; and have forborne to specify the names of those who were instruments of this evil, lest I should be thought to have an inclination to scandalize particular, and, perchance, noble families.

Upon the consideration of all which, I humbly submit myself to the Commons of England, now represented in parliament; desiring, according to their great wisdom and justice, that they will right me and my posterity, according to their own best liking; having, in my own person, (though bred at court,) never opposed any of their just rights and privileges, and, for the future, being resolved to range myself under the banner of

* Sir Walter Ralegh discovered Virginia at his own charge, which cost him forty thousand pounds. He was the first, of all the English, that discovered Guiana in the West-Indies. He took the islands of Fayall from the Spaniard, and did most signal and eminent service

at the taking of Cadiz. He took from the Spaniard the greatest and richest carrac that ever came into England; another ship likewise laden with nothing but gold, pearls, and cochineal.

the

the commons of England; and, so far forth as education and fatherly instruction can prevail, promise the same for two sons whom God hath sent me."

No. XI.

De Concessione JOHANNI SHELBERY & ROBERTO SMYTH de Bonis & Catallis quæ fuerunt WALTERI RALEGH Militis attincti.

(From RYMER'S Fœdera, XVI. 569.)

"JAMES, by the grace of God, &c. To the treasurer, chancellor, under-treasurer, and barons of our exchequer, and to all other our officers and ministers of the same court, and to all other our officers, ministers, and subjects, to whom in that behalf it shall or may appertain, greeting:

Whereas Sir Walter Ralegh, late of Sherborne, in our county of Dorset, Knight, was, in Michaelmas term last past arraigned, convicted, and attainted of high treason, at our castle of Winchester, before our commissioners there in that behalf appointed, by means of which conviction and attainder of the said Sir Walter Ralegh, all and singular the goods and chattels, as well real as personal, moveable and immoveable whatsoever, and all and singular, debts, duties, and sums of money, actions, personal and personal advantages, benefits and demands, whatsoever, either by statute merchant, or statute staple, recognizances, judgment, obligation, bond, specialty, writing, contract, or otherwise, whereof he, the said Sir Walter Ralegh, or any other to his use, was possessed at the time of the committing of the said treason, or at any time sithence, or which in right did then or ought to appertain to the said Sir Walter Ralegh, are become forfeited and grown due unto us, and now remain at, and be at our princely disposition and pleasure.

Now know ye that,

As well for, and in consideration that all the debts and duties which the said Sir Walter Ralegh did truly and bonâ fide owe to any person or persons, by bond or otherwise, before the said attainder and conviction, may be justly and truly paid to such person and persons to whom they be so

justly

justly and truly owing, as also for the help and maintenance of Dame Elizabeth Ralegh, now wife of the said Sir Walter, his child and family, and for divers other good causes and considerations, us hereunto especially moving,

We, of our especial grace, certain knowledge and mere motion, have given and granted, and by these presents, for us, our heirs, and successors, do fully, clearly, and absolutely give and grant,, unto our loving subjects, John Shelbery and Robert Smyth, of London, gentlemen, all and singular the said goods and chattels, as well real as personal, moveable and unmoveable, whatsoever, and all and singular debts, duties, sums of money, actions personal, and personal advantages, benefits and demands, what-soever, either by statute merchant, or statute staple, recognizance, judgment, obligation, bond, specialty, writing, contract, or otherwise, which late were the said. Sir Walter Ralegh's, or whereof the said Sir Walter Ralegḥ, or any other to his use, at the time of the committing of the said treason, or any time since, was possessed, or which in right did then, or ought to appertain to the said Sir Walter Ralegh, and which became due, forfeited, or owing, or is now, or hereafter shall become due, forfeited, or owing unto us, by reason of the said conviction or attainder, of the said Sir Walter Ralegh, by what name or names, or addition of name or names, place or places soever the said Sir Walter Ralegh was indicted, arraigned, convicted, attainted, or known, and which have not heretofore been paid or answered into our court of exchequer; together with all. deeds, writings, bonds, and specialties, concerning only the same, or only any part or parcel thereof.

To have hold; seize, levy, recover, perceive, receive, take, use, occupy, possess and enjoy, all and singular, the premises before by these presents given and granted, or purposed, meant, or intended to be by us given and granted, and every part or parcel hereof, to the said John Shelbery and Robert Smyth, their executors, administrators, and assigns, to their only proper and sole use, uses, and behoofs, of our free gift, clearly, and absolutely, without any manner of accompt, reckoning, or recompence to be rendered, yielded, or made to us, our heirs, or successors, of, for, or by reason of the same, or of, for, or by reason of any part, or parcel thereof, and in as large, ample, and beneficial, sort, manner, and form, to all intents, constructions, and purposes, whatsoever, as we, our heirs, or successors, or any of us, do, can, or may at this present, or should, might, or ought to have,

hold,

A