Imágenes de páginas

them of every of the said particulars, and return them to his majesty, that thereupon he may resolve what present course to take for the advancement of the execution thereof. And so I rest

Your Lordship's faithful servant,

Theobalds, the 4th of Octob. 1618.



My honourable Lord,

I HAVE been desired by some friends of mine, in the behalf of Sir Francis Englefyld, to recommend his cause so far unto your lordship, that a peremptory day being given by your lordship's order for the perfecting of his account, and for the assignment of the trust, your lordship would take such course therein, that the gentleman's estate may be redeemed from farther trouble, and secured from all danger, by engaging those, to whom the trust is now transferred by your lordship's order, to the performance of that, whereunto he was tied. And so not doubting but your lordship will do him what lawful favour you may herein, I rest

Your Lordship's faithful friend and servant,



Received October 14, 1618.

To the KING, concerning the form and manner of proceeding against Sir WALTER RALÉGII. (b) May it please your most excellent Majesty,

ACCORDING to your commandment given unto us, we have, upon divers meetings and conferences, considered what form and manner of proceeding

(a) Harl. MSS. Vol. 7006.

(b) He was beheaded October 29, 1618, the day of the inauguration of the lord mayor of London.

against Sir Walter Ralegh might best stand with your majesty's justice and honour, if you shall be pleased, that the law shall pass upon him.

And, first, we are of opinion, that Sir Walter Ralegh being attainted of high-treason, which is the highest and last work of law, he cannot be drawn in question judicially for any crime or offence since committed. And therefore we humbly present two forms of proceeding to your majesty: the one, that together with the warrant to the lieutenant of the Tower, if your majesty shall so please, for his execution, to publish a narrative in print of his late crimes and offences: which, albeit your majesty is not bound to give an account of your actions in these cases to any but only to God alone, we humbly offer to your majesty's consideration, as well in respect of the great effluxion of time since his attainder, and of his employment by your majesty's commission, as for that his late crimes and offences are not yet publicly known. The other form, whereunto, if your majesty so please, we rather incline, is, that where your majesty is so renowned for your justice, it may have such a proceeding, as is nearest to legal proceeding; which is, that he be called before the whole body of your council of state, and your principal judges, in your council-chamber; and that some of the nobility and gentlemen of quality be admitted to be present to hear the whole proceeding, as in like cases hath been used. And after the assembly of all these, that some of your majesty's counsellors of state, that are best acquainted with the case, should openly declare, that this form of proceeding against Sir Walter is holden, for tha the is civilly dead. After this your majesty's council learned to charge his acts of hostility, depredation, abuse as well of your majesty's commission, as of your subjects under his charge, impostures, attempt of escape, and other his misdemeanors. But for that which concerns the French, wherein he was rather passive than active, and without which the charge is complete, we humbly refer to your majesty's consideration, how far that shall be touched.


which charge so given, the examinations read, and Sir Walter heard, and some to be confronted against him, if need be, then he is to be withdrawn and sent back; for that no sentence is, or can be, given against him. And after he is gone, then the lords of the council and judges to give their advice to your majesty, whether in respect of these subsequent offences upon the whole matter, your majesty, if you so please, may not with justice and honour give warrant for his execution upon his attainder. And of this whole proceeding we are of opinion, that a solemn act of council should be made, with a memorial of the whole presence. But before this be done, that your majesty may be pleased to signify your gracious direction herein to your council of state; and that your council learned, before the calling of Sir Walter, should deliver the heads of the matter, together with the principal examinations touching the same, wherewith Sir Walter is to be charged, unto them, that they may be perfectly informed of the true state of the case, and give their advice accordingly. All which nevertheless we, in all humbleness, present and submit to your princely wisdom and judgment, and shall follow whatsoever it shall please your majesty to direct us herein, with all dutiful readiness.

Your Majesty's most humble

and faithful servants, &c.

York-house, this 18th of October, 1618.


My honourable Lord,

WHEREAS there is a cause depending in the court of chancery between one Mr. Francis Foliambe and Francis Hornsby, the which already hath received a decree, and is now to have another hearing before yourself; I have thought fit to desire you to shew so much favour therein, seeing it concerns the gentle

(a) Harl. MSS. Vol. 7006.

man's whole estate, as to make a full arbitration and final end, either by taking the pains in ending it yourself, or preferring it to some other, whom your lordship shall think fit: which I shall acknowledge as a courtesy from your lordship; and ever rest

Your Lordship's faithful friend and servant,

Hinchinbroke, the 22d of October, 1618.



My very good Lord,

I SEND the commission for making Lincoln's InnFields into walks for his majesty's signature. It is without charge to his majesty.

We have had my lord of Ormonde (a) before us. We could not yet get him to answer directly, whether he would obey the king's award or no. After we had endured his importunity and impertinences, and yet let him down to this, that his majesty's award was not only just and within his submission, but in his favour; we concluded in few words, that the award must be obeyed, and if he did refuse or impugn the execution of it in Ireland, he was to be punished by the justice of Ireland: if he did murmur or scandalize it here, or trouble his majesty any more, he was to be punished in England. Then he asked, whether he might be gone. For that, we told him, his majesty's pleasure was to be known.

(a) Walter, earl of Ormonde, grandfather of James, the first duke of Ormonde. This earl, upon the death of Thomas, earl of Ormonde and Ossory, succeeding to those honours, should have inherited likewise the greatest part of the estate: but his right was contested by Sir Richard Preston lord Dingwell, supported by the favour of king James I. who made an award, which Walter, earl of Ormonde, conceiving to be unjust, refused to submit to, and was, by the king's order, committed to the Fleet, where he remained eight years before the death of that king; but in 1625 recovered his liberty.

Sir Robert Mansell hath promised to bring his summer account this day seven-night. God preserve and prosper you.

Your Lordship's most obliged friend,

and faithful servant,

November 12, 1618.



My honourable Lord,

I SEND your lordship the commission signed by his majesty, which he was very willing to dispatch as a business very commendable and worthy to be taken in hand.

For the earl of Ormonde, his majesty made no other answer, but that he hopeth he is not so unmannerly, as to go away without taking leave of his majesty.

For Sir Robert Mansell's account, his majesty saith he is very slow, especially being but a summary account, and that he promised to bring it in before: and therefore would have him tied to the day he hath now set, without any farther delay.

This last his majesty commanded me to put in after I had written and signed my letter.

Your lordship's faithful friend and servant,

Royston, the 13th of November, 1618.



My honourable Lord,

HAVING formerly moved your lordship in the business of this bearer, Mr. Wyche, of whom, as I understand, your lordship hath had a special care to do

(a) Harl. MSS, Vol. 7006.

(b) Ibid.

« AnteriorContinuar »