442 LETTERS RELATING TO 



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 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 him, if need be, then he is to be withdrawn and sent 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 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 war 

 rant for his execution upon his attainder. And of 

 this whole proceeding we are of opinion, that a so 

 lemn act of council should be made, with a memo 

 rial 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 



