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A58844 Scrinia Ceciliana, mysteries of state & government in letters of the late famous Lord Burghley, and other grand ministers of state, in the reigns of Queen Elizabeth, and King James, being a further additional supplement of the Cabala.; Scrinia Ceciliana. Bacon, Francis, 1561-1626.; Burghley, William Cecil, Baron, 1520-1598.; Sidney, Philip, Sir, 1554-1586.; Throckmorton, Nicholas, Sir, 1515-1571. 1663 (1663) Wing S2109; ESTC R10583 213,730 256

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be there kept The fond Lord Morley without any cause offered him is gone like a noddy to Lorrein SIR I Stayed this bearer two days longer then first I intended because the French Ambassador required Audience affirming that he had answer from the French King wherewith the Queens Majesty would be satisfied and yesterday he was here and shewed her Majesty the French Kings letters to him and thereof gave her Majesty a copy which I have and do send to you herewith an extract of a clause tending to the matter the letter being of it self long and full of good words purporting his desire to have the Scotish Queen restored and concord established betwixt the two Queens the letter is dated the 10. of June and I note that your letter is dated the 15. and by his aforesaid letter King writeth that he will within two days speak with you at Alansen Now how the Kings promise will be kept a short time will declare or how if he break it there shall be some ●avillations found wherein I doubt that they will seek illusions for that we do yet keep Hume Castle and Fast Castle which are kept with not past fourscore men and being the houses of the Lord Hume the Warden who aided our Rebels with his Forces to invade burn and spoil England and therefore is by the Laws of the Borders answerable to the subjects of England it is reason they be kept untill he will return or authorize some for him to make answer or to take order with the complainants which being done the Queen Majesty will readily restore them Thus much I have thought meet to impart Yours assuredly W. Cecil Oatlands 25. Inne 1570 To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador c. SIR I Am thrown into a Maze at this time that Iknow not how to walk from dangers Sir Walter Mildmay and I are sent to the Scotish Queen as by the Queens Majesties letters you may see God be our guide for neither of us like the Message I trust at my return when Mr. Walsingham shall be returned to help you home your sufficient is sufficient to impart unto you all our Occurrents and so I end Your assured friend W. Cecil Reading 26. Sept. 1570. To the right honorable Sir Henry Notris Knight the Queens Majesties Ambassador Resident in France The Lord Coke to King James touching trial of Duels out of England May it please your most excellent Majesty I Have received a commandment by Mr. Sollicitor from your Majesty consisting upon two parts First to answer whether I informed not your Majesty that if two of your Subjects should go over beyond Sea to fight in a Forreign Kingdom and there in fight the one killeth the other that in this case the same might be punished by appeal before the Constable and Marshal of England Secondly if I made any such information what authority and reason I had to maintain it To the first the truth is that I did inform your Majesty so and I well remember I said then that it was Dowties Case your Majesty then speaking of Duels To the second this is by authority of an Act of Parliament made in the first year of King Henry the Fourth the 14th Chapter in these words For many Inconveniencies and Mischiefs that have oftentimes happened by many Appeals made within the Realm before this time It is ordained and established from henceforth That all Appeals to be made of things done within the Realm shall be tryed and determined by the good Laws of this Realm made and used in the time of the Kings noble Progenitors And that all Appeals to be made of things done out of the Realm shall be tryed before the Constable and Marshal of England for the time being And that no Appeals be from henceforth made or in any wise pursued in Parliament in any time to come In the late Queens time a Case fell out upon this Statute Sir Francis Drake having put Dowtie to death beyond Sea the Brother and Heir of Dowtie sued by Petition to the Queen that she would be pleased to appoint a Constable hac vice to the end he might have an Appeal against Sir Francis Drake for the death of his Brother This Petition the Queen referred to Sir Thomas Bromley and the two chief Justices and others And it was resolved of by them which I being of Council with Dowtie set down briefly for my Learning That if two Englishmen go beyond Sea and in Combate the one killeth the other this offence may be determined before the Constable and Marshal of England and so was the Statute of 1 Henr. 4. to be intended But after upon the true circumstance of the Case the Queen would not constitute a Constable of England without whom no Proceeding could be And I take this resolution to be well warranted by the Statute and no small inconvenience should follow and a great defect should be in the Law if such bloody offences should not be punished and Your Majesty should lose a flower of Your Crown in losing this Power to punish these growing and dangerous offences I shewed to Mr. Sollicitor my Report and Memorial of Dowtie's Case and I shall ever remain Your Majesties Loyal and Faithful Subject Edw. Coke 19. Febr. 1616. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth THE books which are written do in their kinds represent the faculties of the mind of man Poesie his Imaginations Philosophy his Reason and History his Memory of which three facuities least exception is commonly taken to memory because Imagination is often times idle and Reason litigious So likewise History of all writings deserveth least taxation as that which holdeth least of the Author and most of the things themselves Again the use which it holdeth to mans life if it be not the greatest yet assuredly it is the freest from ill accident or quality For those that are conversant much in Poets as they attain to greater variety so withall they become concieted and those that are brought up in Philosophy and Sciences do wax according as their nature is some of them too stiff and opinionative and some others too perplexed and confused whereas History possesseth the mind with conceits which are nearest allied unto action and imprinteth them so as it doth not alter the complexion of the minde neither to irresolution nor pertinacity But this is true that in no sort of writings there is a greater distance between the good and the bad no not between the most excellent Poet and the vainest Rimer nor between the deepest Philosopher and the most frivolous School-men then there is between good Histories and those that unworthily bear the same or the like title In which regard having purposed to write the History of England from the beginning of the Reign of King H. 8. of that name near unto the present time