LETTERS FROM BIRCH. 359 



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 misde 

 meanours. 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 con 

 sideration, 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 then he is to be withdrawn and sent back ; for that no sen 

 tence 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 subse 

 quent 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 pro 

 ceeding 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, where 

 with 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 j udgment, and shall follow whatsoever it shall please 

 your majesty to direct us herein, with all dutiful readiness. 

 York House, this 18th Your Majesty s most humble 

 of October, 1618. and faithful Servants, &c. 



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 



* Harl. MSS. Vol. 7006. 



