TO THE LORD CHANCELLOR.* 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, Indorsed, Received October 14, 1618. TO THE KING, CONCERNING THE FORM AND MANNER OF PROCEEDING AGAINST SIR WALTER RALEGH+. MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, ACCORDING to your commandment given unto us, we * Harl. MSS. Vol. 7006, + He was beheaded October 29, 1618, the day of the inauguration of the lord mayor of London. have, upon divers meetings and conferences, considered what form and manner of proceeding 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 publickly 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 that he 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. After 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, etc. York-house, this 18th of October, 1618, TO THE LORD CHANCELLOR *. 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 gentleman'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 acknow * Harl. MSS. Vol. 7006. ledge as a courtesy from your lordship; and ever rest Your lordship's faithful friend and servant, Hinchinbroke, the 22d of October, 1618. TO THE MARQUIS OF BUCKINGHAM. MY VERY GOOD LORD, We have put the Declaration* touching Ralegh to the press with his majesty's additions, which were very material, and fit to proceed from his majesty. For the prisoners, we have taken an account, given a charge, and put some particulars in examination for punishment and example. For the pursuivants, we staid a good while for Sir Edward Coke's health; but he being not yet come abroad, we have entered into it; and we find faults, and mean to select cases for example: but in this swarm of priests and recusants we are careful not to discourage in general. But the punishment of some, that are notoriously corrupt, concerned not the good, and will keep in awe those that are but indifferent. The balance of the king's estate is in hand, whereof I have great care, but no great help. Declaration of the Demeanor and Carriage of Sir Walter Ralegh, Knight, as well in his Voyage, as in and since his return, etc. printed at London, 1618, in quarto. |