Page:History of England (Froude) Vol 10.djvu/437

 I577-] THE SPANISH TREA TV. 417 recusants were fined,. and ordered to keep their houses. De Guaras, found writing to the Queen of Scots, was arrested and sent to the Tower, and a change of guard- ianship was contemplated for the Queen of Scots her- self. The German Protestant Princes once more in- vited the Queen to be the head of a reformed league. She listened, heard the arguments on both sides, and for a time seemed favourably inclined. 1 The Marquis Havre, a new envoy from the States, was received with conspicuous cordiality. A message was sent to Spain that peace must be made in earnest or England would is for his second offence to lose all his goods and be perpetually imprisoned during his life, whereby he shall never come out to abuse his tongue again, which imprisonment perpetual is to be executed with all extremity with irons and other strait feeding and keeping as may shortly bring him to a repentant end, an estate from which he seemeth now to be far off. Thus much by the late statute and law. And because the same statute is not in the negative restraining any former statute or common law before ; by the former statute laws for slanderous rumours and speeches against the nobility and council of the Prince, punishment was to be done by advice of the Prince's council ; the experi- ence whereof has been by pillory and cutting of ears, as by nailing or burning the ears or such like : much more for the like offence against the Prince by the common law punish- ment was to be inflicted by advice of council in discretion without limita- VOL. x. tion, but usually not to be taken to dismember the offender of any of his joints or eyes or other principal senses. As for example, the offence of the tongue in this case being so heinous, as well for the matter as for the time and place of speech, is by burning in the face with a letter or by gagging his two jaws in painful manner, and so as he cannot speak any word, and produced in public place of punishment with paper on his head, or by burning through the tongue, or perchance by cutting off his tongue, in such wise as he may eat and drink and take sustenance after. These and such like once or more often times as by her Majesty's council may be ordered and thought necessary, I think may be done by order of the common law : MSS. Domestic, November 1577. 1 Necessary Considerations for her Majesty, November, 1577 : MSS. France, 27