King Charles I. his Speech and Execution 130 to 135 His Character King Edward, his Speech and Execution L. 136 to 141 477,478 Langhorne Richard, Efq; his Speech and Execu tion Laud Archbishop, his Speech and Execution His Character Lewis David his Speech and Execution 16 to 120 340 121 to 129 346 171 Lifle Alice, her Speech and Execution 467, 468, 469 Love Christopher, his Speech and Execution 176 to 196 His Character Lowick Robert M. Mary Queen of Scots. See Scots. Mitchel James, his Speech and Execution More Sir Thomas, his Execution His Character Monmouth Duke James, his Execution N. 197 480, 481 316 24 26 459 Norfolk Duke Thomas, his Speech and Execution 29 His Character '33 20 Perkins Sir William, his Speech and Execution 483 Parry Dr. William, his Execution His Character Penruddock Colonel, his Speech and Execution His Character Peters Hugh. See Regicides Philips George, his Speech and Execution 34 35 200 206 Plunket Dr. Oliver, his Speech and Execution R. Raleigh Sir Walter, his Speech and Execution 、 Regicides, their Speeches, Executions, and Characters Rookwood Ambrofe Roufe John, his Speech and Execution Page 219, &c. 481,482 394 Ruffel Lord William, his Speech and Execution 418 His Character S. 429 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 Character Scot Thomas, the Regicide 50 to 55 264 to 267 Sidney Algernoon, Efq; his Speech and Execution 433 Scroop Adrian Slingsby Sir Henry, his Speech and Execution His Character Soutre William, his Character 282 217 218 18 Stafford Viscount William, his Speech, Execution and Character 353 Strafford Earl Thomas, his Speech and Execution His Character Stubbs Francis 99 to 107 108 to III 305 Swendfen Haagen, his Speech and Execution 487, &c. T: Thorpe William, his Character 19 Titchburne Chidiock, his Speech and Execution 37, 40 Tonge Thomas, his Speech and Execution Travers John, his Execution AbBunlok CHARACTERS 1837 AND/ DYING SPEECHES. HE two firft Profecutions we meet with in the State Tryals being for Herefy (a Crime on which fuch Punishments were heretofore inflicted, that we still retain the Dread of them) I fhall briefly fhew how the Law formerly stood in relation to this Crime, and give a Precedent or two of the Procefs which iflued against fuch Of fenders after they were delivered over to the Secular Arm, in order to their Execution. By the ancient Common Law Burning was the Punishment for Herefy, but the Party accused was firft to be try'd and convicted thereof by the Archbishop and the reft of the Clergy of his Province affembled in Convocation. After Conviction the Offender was delivered over into Lay-Hands, and the Sheriff of the County, by Virtue of the Writ de Hæretico comburendo, was to caufe him to be burnt. Brit. lib. 1. c. 17. Bro. Abr. tit. Herefy. Fitz, Na.br. p. 667. The The first Statute I find, in relation to Herefy, is the 5th of Ri. II. cap. 5. whereby it is enacted, That the Sheriffs, and other Civil Officers fhould apprehend and imprifon Perfons fufpected of Herefy, in order to their being try'd by the Laws of Holy Church: And it being found inconvenient to fummon the Convocation for the Tryal of every Offender, a Statute was made the 2d of Hen. IV. cap. 15. impowering every Diocesan to imprison Perfons fufpected of Herefy in their refpective Diocefes, and try them (fo that fuch Diocefan proceeded judicially and openly against fuch Perfons.) And where any Perfon was convicted, he might be imprifon'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 prefent at the Tryal) was to caufe the Party to be burnt in fome high (or open) Place. The Lord Chief-Juftice Brook (tit. Herefy) fays, That, upon this Statute, it was refolv'd, That if a Perfon was convicted of Herefy in the Prefence of the Sheriff, the Ordinary might commit him to the fame Sheriff, and he was to caufe him tọ be burnt without the Writ de Hæretico comburendo; but if the Sheriff was abfent, or if the Heretick was to be burnt in another County, in either of thefe Cafes the Writ de Hæretico comburendo must be firft obtained, before the Sheriff could burn him. I find Dr. Burnet, in his Hiftory of the Reformation, and after him Mr. Collier, in his Ecclefiaftical Hiftory, wondring why the Writ de Haretico comburendo was iffued for the burning of Sawtre, when by the last mention'd A&t the Sheriff was empower'd to execute Perfons convicted of Herefy without that Writ: But the Wonder + 、 der ceafes, if we confider that the Sheriff could not proceed to execute the Offender by his own Authority, unless he was prefent at the Conviction; and tho' the Diocefan might call the Sheriff to attend the Tryal, yet he might too convict the Offender in his Abfence. And further, Sawtre was convicted by the Convocation; and it may be difficult to give one Inftance where the Convocation call'd the Sheriff to affift at the Tryal of an Heretick; and if they had, fuch a Conviction was not within the Letter of the Act: Therefore, upon this Conviction, the Sheriff was under a Neceffity of waiting for the Writ de Haretico comburendo, before he could execute him. By the 2d of Hen. V. c. 7. all Civil Officers were to be fworn to affift the Ordinaries in extirpating Herefies; and one convict of Heresy was to forfeit his Goods, and Chattels, and Feefimple 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 Perfon fhall be executed as an Heretick, without the Writ de Haretico comburendo firft obtain'd. By the 1ft of Eliz. cap. 1. the abovefaid Statutes, as well as that other Statute of the 1ft 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 Purfuance of any Ecclesiastical Cenfures, are from thenceforth utterly abolished. So that at this Day a Perfon convicted of Herefy can only be excommunicated by the Ecclefiaftical Courts, and come under fuch. Pains and Difabilities as Perfons ftanding excommunicated for any other Offence are liable to. B 2 Indeed |