The works of Francis Bacon, lord chancellor of England.

524 LETTERS RELATING TO LEGAL SUBJECTS.
TO THE LORD CHANCELLOR." of quality be admitted to be present to hear the
MY H.JNOURABLE LORD, whole proceeding, as in like cases hath been used
I have been desired by solne friends of mine, in And after the assembly of all these, that some of
the behalf of Sir Francis Englefyld, to recom- your majesty's counsellors of state, that are best
mnend his cause so far unto your lordship, that a acquainted with the case, should openly declare,
peremptory day being given by your lordship's that this form of proceeding against Sir Walter is
order for the perfecting of his account, and for the holden, for that he is civilly dead. After this
assignment of the trust, your lordship would take your majesty's council learned to charge his acts
such course therein, that the gentleman's estate of hostility, depredation, abuse as well of your
may be redeemed from farther trouble, and secured majesty's commission, as of your subjects under
from all danger, by engaging those, to whom the his charge, impostures, attempt of escape, and
trust is now transferred by your lordship's order, other his misdemeanors. But for that, which
to the performance of that, whereunto he was tied. concerns the French, wherein he was rather pasAnd so not doubting but your lordship will do him sive than active, and without which the charge is
what lawful favour you may herein, I rest complete, we humbly refer to your majesty's conYour lordship's faithful friend and servant, sideration, how far that shall be touched. After
G. BUCKINGHAM. which charge so given, the examinations read,
and Sir Walter heard, and some to be confronted
Endorsed,
against him, if need be, then he is to be witheived Oct. 14, 1618. drawn 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
ANNT O THE KING, CONCERNEDING THE FORM AND these subsequent offences upon the whole matter,
TER AR OALEGFH.t your majesty, if you so please, may not with justice and honour give warrant for his execution upon
MAY IT PLE ASE YOUR MIOST EXCELLENT MAJESTY, his attainder. And of this whole proceeding
According to your commandment given unto us, we are of opinion, that a solemn act of council
we have, upon divers meetings and conferences, should be made, with a memorial of the whole preconsidered what form and manner of proceeding sence. But before this be done, that your majesty
against Sir Walter Ralegh might best stand with may be pleased to signify your gracious direction
your majesty's justice and honour, if you shall be herein to your council of state; and that your counpleased, that the law shall pass upon him. cil learned, before the calling of Sir Walter, should
And, first, we are of opinion, that Sir Walter deliver the heads of the matter, together with the
Ralegh being attainted of high treason, which is principal examinations touching the same, wherethe highest and last work of law, he cannot be with Sir Walter is to be charged, unto them, that
drawn in question judicially for any crime or they may be perfectly informed of the true state of
offence since committed. And, therefore, we the case, and give their advice accordingly. All
humbly present two forms of proceeding to your which, nevertheless, we, in all humbleness, premajesty; the one, that together with the warrant sent and submit to your princely wisdom and'to the lieutenant of the Tower, if your majesty judgment, and shall follow whatsoever it shall
shall so please, for his execution, to publish a please your majesty to direct us herein, with all
narrative in print, of his late crimes and offences: dutiful readiness.
which, albeit your majesty is not bound to give Your majesty's most humble
an account of your actions in these cases to any and faithful servants, etc.
but only to God alone, we humbly offer to your York IHouse, this 18th of October, 1618.
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 TO THE LORD CHANCELLOR.*
publicly known. The other form, whereunto, if MY HONOURABLE LORD,
your majesty so please, we rather incline, is, that Whereas, there is a cause depending in the court
where your majesty is so renowned for your jus- of chancery between one Mr. Francis Foliambe
tice, it may have such a proceeding, as is nearest and Francis Hornsby, the which already bath reto legal proceeding; which is, that he be called ceived a decree, and is now to have another hearbefore the whole body ofn your council of state, ing before yourself; I have thought fit to desire
and your principal judges, in your council chainbes; 5 an >a ~m..h nbyou to show so much favour therein, seeing it
hber; and that some of the nobility and gentlemen concerns the gentleman's whole estate, as to make
* Harl. MSS. vol. 7006. a full arbitration and final end, either by taking
fl Ie was beheaded October 29, 1618, the day of the inauguiation of the Lord Mayor of London. Harl. MSS. vol. 7006.