324 Condemnation and Execution of Sir Walter Raleigh, [May f, 
Lancaster, law and justice were forgotten ; 
but this may perhaps be apologised for 
by the barbarity of the times. In the 
élissensions too of religious parties, Henry 
was permitted to establish his will asa 
law. But after the peaceful and more 
equitable administration of Elizabeth, 
when men became enlightened and in- 
dependent by the rational doctrines 
of the Reformers, and more refined 
oy the partial but increasing inter- 
course of commerce, and by an ac- 
quaintance with the learning of the an- 
cient republics of Greece and of Rome, 
no ‘such plea of barbarous precedents 
should be used; and we should rather see 
the wisdom and guodness of the menarch 
uniting to abandon encroachments which 
the people had not the courage to repel, 
than behold him re-establish them. So 
just is thesentiment of Cicero— Etenim 
_ qui ex errore imperite multitudinis pen- 
det, hic in magnis viris non est haben- 
dus.” 
We know of no other plea upon which 
this verdict may be vindicated, unless we 
return to the one formerly premised ; 
that of presumptions from the charac- 
ter of sir Walter, from the disgrace he re- 
ceived, and from his being the companion 
of some of those concerned : all of which 
are so weak in themselves alone, that 
they hardly deserve to be taken notice 
of. That he was capable of entering 
into such a conspiracy, need not be de- 
nied: but that he did actually enter into 
it, must be established, to condemn him 
to punishment. Araestes is known to 
be avaricious ; but if a robbery be com- 
mitted upon the treasures of his neigh- 
bour, is Araestes necessarily to. be punish- 
ed for the crime? Are there not other 
means by which he may get money; and 
ought he not to be presumed to employ 
less impeachable methods, till evidence of 
his guilt he shewn? Sir Walter Raleigh 
Weis disgraced by James; but was there 
no other way of retrieving his fortune 
than by conspiracy and rebellion? An 
apology for his former faults, a supplica- 
tion for favour, or a persevering counte- 
nance to the prevailing government, 
would, with the indulgent and forgiving 
James, have quickly obtained a recon- 
ciliation ; and would not this have been 
a safer, and even a surer, road to power 
and to honour, Sir Walter Raleigh was 
disgraced in the reign of Elizabeth; and 
he chose rather to regain her patronage 
by pretence of sickness on account of her 
displeasure, and by a steady attachment 
to her throne, than by the precarious 
a 
and desperate contrivances for which Lé 
is now charged. 
With regard to his hating been the 
companion of the guilty, little neea be 
said. The maxims of the Roman law 
are so founded upon natural justice, that 
‘they are prevalent in every breast: 
“ Sancimus ibi esse poenam ub) et noxia 
est. Propinguos, notos, familiares, pro- 
cul 4 calumnia submovemus, quos reos 
sceleris societas non facit. Nec enim 
adfinitas vel amicitia nefarium crimeo 
admittunt. Peccata igitur teneant auc~- 
tores suos; nec ulterits progrediatur 
metus quany reperiatur delictum. Hoc 
singulis quibusque judicibus intimetur.” 
If, however, the extension of punish- 
ment to the friends of the guilty, can in 
any way be vindicated, it will only be 
upon reasons of expediency, when be- 
stowed upon those immediately descend-_ 
ed from the criminal; and accordingly 
we have seen that in every state, the 
crimes of the father have passed to the 
child, in a less or a greater degree. 
This has originated in the affection which 
relations are known to posséss; and it. 
has been thought that any means were 
sufficiently vindicable, which should pre- 
vent the revenge that a punishment exci- 
ted. It doesnot belong to the present ques- 
tion to enter into an examination of the ex- 
pediency of such maxim$*; but it is suf- 
ficient for this purpose to say, that 
they are here taken notice of only to 
shew that there could be no such policy 
pleaded in extending them to those who 
had no such near connection. That 
mankind are often charmed, nay even 
seduced, from their intentions by gene- 
rosity and clemency, is a fact which 
history records to the honour of these 
virtues; and that vice has been struck — 
by its encrmities, and reclaimed to virtue 
by a magnanimous and gracious treat- 
ment, is alsoa truth which, amidst alt 
our depravity, bears testimony to an 
original virtue and dignity in our nature. 
Men in such a situation are more ready 
to reflect; and have not the ties of blood 
to determine them to revenge, or to 
rupture. Interest too, as wellas admira- 
tion of the action, recommends a recon- 
ciliation, and induces an alliance which is 
made the stronger from its having been ~ 
so formed. The prudence of Elizabeth 
received into her court even those who 
had persecuted her in the reign of her 
sister; and to her pardoning she 
owed much of the peace and glory of 
her reign. Had this accordingly influ= 
enced the conduct of James to the un- 
happy 
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