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King Charles I. his Speech and Execution 130 to 135
His Character,

· 136 to 14+
_ King Edward, his Speech and Execution 477, 478

L.
Langhorne Richard, Esq; his Speech and Execu-
i tion

340
: Laud Archbishop, his Speech and Execution 116 to 120
His Chara&ter :

121 to 129
· Lewis David his Speech and Execution
- Lilburne John, bis CharaEter

191
Lille Alice, ber Speech and Execution 467, 468, 409
· Love Christopher, his Speech and Execution 176 to 196
His Charaéter

197
Lowick Robert ..

M.
Mary Queen of Scots. See Scots.
Mitchel James, his Speech and Execution 316
More Sir Thomas, his Execution
His Chara&ter

26
Monmouth Drike James, bis Execution 459

. N..
Norfolk Duke Thomas, his Speech and Execution 29
His Character

0.
Oldcastle Sir John, bis Execution - 20

P.
Perkins Sir William, his Speech and Execution 483"
Parry Dr. William, his Execution ... . 34
His Characters

35
Penruddock Colonel, his Speech and Execution 200

His Character
Peters Hugh. See Regicides
Philips George, his Speech and Execution 305
Plunket Dr. Oliver, his Speech and Execution 374
Prynn William, Esq; his Character

97
R. .
Raleigh Sir Walter, his Speech and Execution
His Character

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721

Regicides, their Speeches, Executions, and Chara&ters

Page 219, ca Rookwood Ambrose

481,482 Rouse John, his Speech and Execution

394 Russel Lord William, his Speech and Execution 418 His Character

429

S. Salisbury Thomas, his Speech and Execution 40, 44 Savage John, his Speech and Execution 36, 40 Scots Queen Mary, her Speeches and Execution 44 to 49 Her Chara&ter

50 to 55 Scot Thomas, the Regicide

264 to 267 Sidney Algernoon, Esq; his Speech and Execution 433 Scroop Adrian

282 Slingsby Sir Henry, his Speech and Execution 217 His Character

218 Soutre William, his Character

18 Stafford Viscount William, his Speech, Execution and Character

353 Strafford Earl Thomas, his Speech and Execution

3 99 to 107 His Character

108 to III Stubbs Francis

305 Swendsen Haagen, his Speech and Execution 487, GC.

T. Thorpe William, bis Character Titchburne Chidiock, his Speech and Execution 37, 40 Tonge Thomas, his Speech and Execution 305 Travers John, his Execution : 44 Turner Anthony

329

V.. .. Vane Sir Henry, his Speech and Execution 290 His Character

W. : Walcot, Captain Thomas

394, 432 Whitebread Thomas, his Speech and Execution 329 Winter Robert, his Execution

.. . 76 Winter Thomas, his Execution

- 76 Сн А

19

303

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HHE two firsť Prosecutions we meer

with in the State Tryals being for Heresy (a Crime on which such Punishments were heretofore inflicted, that

' we still retain the Dread of them) I 081 shall briefly shew how the Law formerly stood in

relation to this Crime, and give a Precedent or -487,6 two of the Process which iflued against such Of

fenders after they were delivered over to the SeIcular Arm, in order to their Execution. 1920. By the ancient Common Law Borning was the

Punishment for Heresy, but the Party accused was first to be try'd and convicted thereof by the

Archbishop and the rest of the Clergy of his ProI vince allembled in Convocation. After Conviction to the Offender was delivered over into Lay-Hands,

and the Sheriff of the County, by Virtue of the Writ de Hæretico comburendo, was to cause him to be burnt. Brit. lib. 1. 6. 17. Bro. Abr. tit. Heresy. Fitz, Naibr. p. 667.

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to lummon th: And it bein fryd by the of He

The first Statute I find, in relation to Heresy, is the 5th of Ri. II. cap. 5. whereby it is enacted That the Sheriffs, and other Civil Officers fhould apprehend and imprison Persons suspected of Heresy, in order to their being try'd by the Laws of Holy Church: And it being found inconvenient to summon the Convocation for the Tryal of every Offender, a Statute was made the ad of Hen. IV. cap. 15. impowering every Diocesan to imprison Persons suspected of Herefy in their refpe&tive Dioceses, and try them (so that such Diocesan proceeded judicially and openly against such Persons.) And where any Person was convicted, he might be imprison'd at the Discretion of the Ordinary : Or, if the Party refus’d to abjure his Errors, or having abjured them, relaps'd, he was to be left to the Secular Arm; and the Sheriff (whom the Ordinary might call to be present at the Tryal) was to cause the Party to be burnt in some high (or open) Place. .

The Lord Chief Justice Brook (tit. Heresy) says, That, upon this Statute, it was resolv’d, That if a Person was convicted of Heresy in the Presence of the Sheriff, the Ordinary might commit him to the same Sheriff, and he was to cause him to be burnt without the Writ de Hæretico comburendo ; but if the Sheriff was absent, or if the Heretick was to be burnt in another County, in either of these cases, the Writ de Hæretico comburende must be first obtained, before the Sheriff could burn him. ...

I find Dr. Burnet, in his History of the Reformation, and after him Mr. Collier, in his Ecclefiastical History, wondring why the Writ de Haretico comburendo was issued for the burning of Sawtre, when by the last mention'd A& the Sheriff was empower'd to execute Persons convicted of Herefy without that Writ: But the Won

der

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der ceases, if we confider that the Sheriff could
not proceed to execute the Offender by his own
Authority, unless he was present at the Convic-
tion ; and thọ the Diocesan might call the She-
riff to attend the Tryal, yet he might too: con-
vict the Offender in his Absence. And further,
Sawtre was convi&ted by the Convocation; and
it may be difficult to give one Instance where the
Convocation callid the Sheriff to assist at the

Tryal of an Heretick; and if they had, such a
Convi&ion was not within the Letter of the Act:

Therefore, upon this Convi&ion, the Sheriff was under a Necessity of waiting for the Writ de Hæretico comburendo, before he could execute him..

By the ad of Hen. V. c. 7. all Civil Officers were to be sworn to assist the Ordinaries in extirpating Heresies; and one convict of Heresy was to forfeit his Goods, and Chattels, and Fee

simple Lands.
. By the 25th of Hen. VIII. cap. 14. the Act of
the 2d of Hen. IV. is in part repeal'd; and it is
thereby provided, That no Person shall be exe-
cuted as an Heretick, without the Writ de Hæretico
comburendo first obtain'd.

By the įst of Eliz, cap. 1. the abovefaid Sta-
tutes, as well as that other Statute of the ist and
2d of Phil. and Mar, cap. 6. against Hereticks, are
repealed..?
. And by the 29th of Car. II. cap. 9. the Writ de
Hæretico comburendo, with all Proceedings thereon,
and all capital Punishments in Pursuance of any Ec-
clesiastical Censures, are from thenceforth utterly
abolished.. "
- So that at this Day a Person convicted of He-
refy can only be excommunicated by the Eçcle-
fiaftical Courts, and come under such. Pains and
Disabilities as Persons standing excommunicated
for any other Offence are liable to. . ..

B2

Indeed

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