The Prince of Wales had at eighteen developed a will both resolute and impetuous, to which the death of a veteran statesman like Cecil was sure to have afforded freer scope. He did not disguise either his discontent at the policy of his father's favourite advisers, or his preference for ambitious projects such as Ralegh was known to cherish. Ralegh never had reason to doubt the sincerity of his admiration. There seemed no more ground for uncertainty as to the Prince's immediate influence on his behalf than as to the benefits to be derived from the youth's eventual accession to the throne. Henry was said to have extracted a promise from James of Ralegh's liberation at Christmas, 1612. November came, and the Prince lay dying of a raging fever. The Queen sent to the Tower for the medicine which had cured her. Ralegh despatched it with a letter, asserting that it would certainly heal this or any other case of fever, unless there were poison. A vehement debate followed among the Lords of the Council and the doctors, including the Genevese physician, Dr., afterwards Sir, Theodore Mayerne. Finally, the potion was administered. The patient, who had been speechless, revived sufficiently to speak. But it did not save his life. The populace and the Queen believed that it had been ineffectual because there had been poison. Forty years later, Carew Ralegh referred to the rumour as still credited. At the time it was repeated on the judicial bench. Sir Thomas Monson in 1615 was being tried for complicity in the murder of Sir Thomas Overbury. Coke, become Chief Justice, insinuated with his usual discretion and fairness at the trial that Overbury was poisoned from fear that he might, through hostility to Carr, divulge his guilty knowledge of a similar crime against 'a sweet Prince.'
Prince Henry's death blasted the prospect of Ralegh's ultimate restoration to royal favour, as well as to immediate liberty. It inflicted a less, but very vexatious, disappointment. After a protracted struggle he had been stripped of his Dorsetshire estate. Sherborne, he might have reckoned, was indefeasibly safe. Its enjoyment for his life was covered by the term for sixty years. The settlement of 1602 seemed to have set the inheritance out of danger. But in the course, perhaps, of the legal investigation with a view to the grant of the term for the benefit of Ralegh's wife and children, a flaw was detected in the conveyance of the fee. Little cause as Ralegh had to respect the impartiality of Popham and Coke in criminal procedure, he retained full confidence in their legal learning. To them in 1604, at his own earnest request, the deed of 1602 was submitted by Cecil. Their opinion on it was clear and fatal. They could have given no other. The essential words of a conveyance in trust, that the trustees shall stand thereof seised to the uses specified, had, Popham wrote to Cecil on June 7, 1605, been omitted. Popham believed the omission to have been due to the carelessness of the engrossing clerk. Through it the estate had remained wholly in Ralegh. Consequently, by his attainder it was forfeited. Lady Ralegh sought an audience of James. She prayed him not to take advantage of the forfeiture. With the facility which was compatible equally with generosity and with rapacious injustice, he promised. He directed Cecil to have a grant to her and her children prepared. It never was. At first the preposterous suspicion of Ralegh's sympathy with the Gunpowder Plot may have caused delay. Later the King discovered that he wanted the property for his own purposes. Alarmed at his own propensity for indulging the caprice of the moment, and mindful of the extent to which the Scottish Crown had been pauperized by royal improvidence, he had accepted a self-denying ordinance. By this he bound himself not to grant away the patrimony of the Crown. For the endowment of favourites he had to rely, therefore, on windfalls from attainders and escheats. Robert Carr now had to be provided for. Sherborne happened to suit his taste, and the Ralegh family had to be ejected.