[251]Memorandum:—old Judge Atkins[252] (the father) told me that the Portugall ambassador was tryed for his life for killing Mr. Greenway in the New Exchange (Oliver's time), upon the precedent of the bishop of Rosse (Scotch) by Dr. W. Aubrey's advice. Memorandum:—Dr. Cruzo[253] of Doctors Commons hath the MSS. of this bishop's tryall.
[254]De legati deliquentis judice competente dissertatio, autore Richardo Zoucheo, Juris Civilis professore Oxoniae, Oxon 1657, 12mo, pag. 89:—
Quarto, quod cum episcopus Rossensis, legatus reginae Scotorum, multa turbulenter in Anglia fecisset ad rebellionem excitandam et ad Anglos in Belgio profugos ad Angliam invadendam inducendos, Davidi Lewiso, Valentino Dalo, Gulielmo Drurio, Gulielmo Awbreio, et Henrico Jones, Juris Caesarei consultissimis, quaestio proposita fuit An legatus, qui rebellionem contra principem ad quem legatus est concitat, legati privilegiis gaudeat et An, ut hostis, poenae subjaceat, eidem responderunt, ejusmodi legatum, jure gentium et civili Romanorum, omnibus legati privilegiis excidisse et poenae subjiciendum.
[255]He was a good statesman; and queen Elizabeth loved him and was wont to call him 'her little Doctor.' Sir Joseph Williamson, Principall Secretary of Estate (first, under-Secretary), haz told me that in the Letter-office are a great many letters of his to the queen and councell[256].
He sate many times as Lord Keeper, durante bene placito, and made[257] many decrees, which Mr. Shuter, etc., told me they had seen.
Vide Anthony Wood's Hist. et Antiq.: he was principal of New Inne.
Memorandum:—the Penkenol, i.e. chiefe of the family, is my cosen Aubrey of Llannelly in Brecknockshire, of about 60 or 80 li. per annum inheritance; and the Doctor should have given a distinction; for want of which in a badge on one of his servants' blew-coates, his cosen William Aubrey[258], also LL. Dr., who was the chiefe, plucked it off.
The learned John Dee was his great friend and kinsman, as I find by letters between them in the custody of Elias Ashmole, esqre, viz., John Dee wrote a booke The Soveraignty of the Sea, dedicated to queen Elizabeth, which was printed, in folio. Mr. Ashmole hath it, and also the originall copie of John Dee's hand writing, and annexed to it is a lettre of his cosen Dr. William Aubrey[259], whose advise he desired in his writing on that subject.
He purchased Abercunvrig (the ancient seate of the family) of his cosen Aubrey. He built the great house at Brecknock, his studie lookes on the river Uske. He could ride nine miles together in his owne land in Breconshire. In Wales and England he left 2500 li. per annum wherof there is now none left in the family. He made one Hugh George (his chiefe clark) his executor, who ran away into Ireland and cosened all the legatees, and among others my grandfather (his youngest son) for the addition of whose estate he had contracted with.... for Pembridge castle in the com. of Hereford, which appeares by his will, and for which his executor was to have payed. He made a deed of entaile (36 Eliz., 15<94>) which is also mentioned in his will, wherby he entailes the Brecon estate on the issue male of his eldest son, and in defailer, to skip the 2d son (for whom he had well provided, and had maried a great fortune) and to come to the third. Edward the eldest had seaven sonnes; and his eldest son, Sir William, had also seaven sonnes; and so I am heire, being the 18th man in remainder, which putts me in mind of Dr. Donne,
For what doeth it availe
To be the twentieth man in an entaile?