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siasticis modò dependot remanet prosequenda. | all rapes, incest and buggeries, and all sutes In cujus rei, &c. Teste, &c.

"This containeth your majesty's pardon to sir Eustace Harte, knight, of all adulteries, fornications and incontinencies committed with any woman before this time, and also of all imprisonments, fines and punishments in respect of the same.

"It containeth nevertheless an exception of

91. The Earl of SHREWSBURY's 10 JAMES I. A. D. 1612. BY force of certain letters (bearing date 28 Martii 1612), of the lords of the privy council, directed to sir Humphrey Winch, sir James Lay, sir Anthony Saintleger, and sir James Hulleston; they did certify to their lordships the claim of Gilbert earl of Shrewsbury, to the dignities of the earldom of Waterford, and barony of Dungarvan in Ireland, in such manner as followeth ;

King Henry the sixth, by his letters patent, in the twentieth year of his reign, did grant to his thrice beloved cousin John earl of Shrewsbury, in consideration of his approved and loyal services, in the city and county of Waterford, pro eo quoque eundem consanguineum nostrum prædicta terra nostra Hiberniæ in parti'bus illis contra inimicorum et rebellium nostrorum insultus potentius defendat, ipsum in comitem Waterford, una cum stilo et titulo ac ' nomine et honore eidein debitis ordinamus et 'creamus, habendum,' to the said earl and his heirs males of his body; and further by the said letters patent did grant the castles, lordships, honours, lands, and manors of Dungarvan to the said earl and the hirs males of his body, to hold the premises of the king and his heirs, by homage and fealty, and by the service of being his majesty's Seneschall in the realm of Ireland: afterwards in the parliament called Des Absentees, holden at Dublin in Ireland, the 10th of May the 28th of Henry the eighth, by reason of the long absence of George earl of Shrewsbury out of his realm; it was enacted, that the king, his heirs, and assigns, shall have and enjoy in the right of his crown of England, all honours, manors, castles, lordships, franchises, hundreds, liberties, count-palatines, jurisdictions, annuities, fees of knights, lands, tenements, &c. and all and singular possessions, hereditaments, and all other profits, as well spiritual as temporal whatsoever, which the said George earl of Shrewsbury and Waterford, or any other person or persons had to his use, &c. King Henry the eighth, by his letters patent, the twenty ninth year of his reign, reciting the said statute De Absentees, nos præmissa considerantes, et nolentes statum, honorem, et dignitatem prædicti Comitis diminuere, sed amplius ' augere, de certâ scientiâ et mero motu, &c.' did grant to the said earl and his heirs, the abby of Rufford, with the land thereto belonging in the county of Nottingham, and the lordship of

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wherein any bill or sute is depending in the court of Star-chamber, or any other your majesty's courts at Westminster, or in any ecclesiastical court whatsoever. THOMAS RIDLEY, Cancellarius Winton. Ex. Levinus Munck."

Expeditum apud Westmonasterium undeci mo die Julii, 1616, anno regis Jacobi quarto decimo. Per Windebank.

Case; or the Case of Dignities: [12 Coke's Reports, 106.] Rotherham in the county of York, the abbies of Chesterfield, Shirbrook, and Glossadel in the county of Derby, with divers other lands and tenenients of great value, to be holden in capite; and the questions were;

1. Whether by the long absence of the earl of Shrewsbury out of Ireland, by reason whereof the king and his subjects wanted their defence and assistance there, the title of the bonour be lost or forfeited, the said earl being a peer of both realms, and residing here in England.

2. Whether by the said act De Absentees, an. 28 H. 8. the title of the dignity of the earl of Waterford, be taken from the said earl, as well as the manors, lands, tenements, and other hereditaments in the said act specified.

And afterwards by other letters patent of the lords of the council, dated the 27th of Sep. 1612, the two chief justices and the chief baron were required to consider of the case which was inclosed within their letters, and were to certify their opinions of the same.

Which case was argued by counsel learned in the law, in behalf of the said earl, before the said chief justices and chief baron, upon which they have taken great consideration and advisement, after they hud read the preamble, and all the said act of the 28 II. 8, it was unanimously resolved by them all, as followeth.

As to the first it was resolved, that forasmuch as it does not appear what defence was requi site, and that the consideration executory was not found by office to be broken as to that point, the said earl of Shrewsbury notwithstanding does remain earl of Waterford.

As to the second, it was resolved, that the said act of the twenty eighth of H. 8, De Absentees, doth not only take away the possessions which were given to him at the time of his creation, but also the dignity itself, for although One may have a dignity without any possession ad sustinendum nomem et onus,' yet it is very inconvenient that a dignity should be cloathed with poverty: and in cases of writs, and such other legal proceedings, he is accounted in law a nobleman, and so ought to be called, in respect of his dignity; but yet if he want possessions to maintain his estate, he cannot press the king in justice to grant him a writ to call him to the parliament; and so it was resolved in the case of the lord Ogle, in the reign of Ed.

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6th, as the baron of Burleigh, lord treasurer of England, at the parliament anno 35 Eliz. did report: and therefore the act of the 28 H. 8, (as all other acts ought to be) shall be expounded to take away all inconvenience, and therefore by the general words of the act, viz. of honours and hereditaments, the dignity itself, with the lands given for maintenance of it, are given to the king, and the dignity is extinct in the crown:' and the cause of degradation of George Nevill, duke of Bedford, is worthy the observation, which was done by force of an act of parliament, 16 June 17 Ed. 4, which act reciting the making of the said George Duke, doth express the cause of his degradation in these words: and forasmuch as it is openly known, that the said George hath not, or by inheritance may have any livelihood to support the same name, estate, and dignity, or any name of estate;' and oftentimes it is to be seen, that when any lord is called to high estate, and hath not convenient livelihood to support the same dignity, it induceth great poverty and indigence, and causeth oftentimes great extortion, imbracery and maintenance to he had, to the great trouble of all such countries where such estate shall happen to be: wherefore the king by advice of his lords spiritual and temporal, and by the commons in this present parliament assembled, and by the authority of the same, ordaineth, establisheth, and enacteth, that from henceforth the same creation and making of the said duke, and all the names of dignity given to the said George, or to John Nevill, his father, be from henceforth void and of none effect, &c. In which act, these things are to be observed.

1. That although the duke had not any possessions to support his dignity, yet his dignity cannot be taken away from him without an act of parliament.

2. The inconveniences do appear where a great state and dignity is, and no livelihood to inaintain it.

3. It is good reason to take away such dignity by act of parliament; and therefore the said act of the 28 H. 8, shall be expounded according to the general words of the writ, to take away such inconvenience: and although the said earl of Shrewsbury be not only of great honour and virtue, but also of great possessions in England, yet it was not the intention of the act to continue him earl in Ireland, when as his possessions in Ireland were taken away from him, but that the king at his pleasure might confer as well the dignity as the possessions to any other, for the defence of the said realın. And the said letters patent de anno 29 II. 8, have no words to restore the dignity which the act of parliament hath taken away; but it was not the intent of the king diminuere statum, honorem, et dignitatum ipsius Comitis,' but augere' his possessions for maintenance of his dignity, for so much appears by this word augere; for he doth by the said letters patent, with exceeding great bounty, increase the revenues of the said earl in England, which the king did think was an increase of large possessions in England, instead of all that which was taken away from him by the act of the 28 H. 8.

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And whereas it was objected, that the general words 'honours and hereditaments' are explained and qualified by the said words relative subsequent, which the said George, or any to his use hath;' and therefore it shall not be intended of any honour or hereditament, but of such whereof others are seised to his use, and no man can be seised of the dignity, and therefore that the said act doth not extend to it; but that it is to be understood reddendo singula singulis,' and these words, which the said George earl hath,' are sufficient to pass the dignity; and with this agrees the opinion of all the judges of England in Nevil's case upon the like words in the statute of the 28 H. 8, in the seventh part of my Reports, fel. $3 and 31.

92. The Arraignment and Confession of the Lord SANQUIRE, (who being a Baron of Scotland, was arraigned by the Name of Robert Creighton, esq.) at the King's-bench Bar, in Westminsterhall, the 27th of June, for procuring the Murder of John Turner, a Master of Defence, whom he caused to be shot with a Pistol by one Carliel, a Scottish-man, for thrusting out one of his Eyes in playing at Rapier and Dagger: 10 JAMES, I. A. D. 1612. From an authentic MS. lent the Editor of the second edition of this Work.]

ALL things according to the usual form being prepared, and the prisoner brought to the bar, his Indictment was read.

* Wilson's account of lows, in 2 Kennett, 688. tune running towards the

this matter is as fol"The wheel of forScots, turned by the

Copia INDICTAMENTI R. Creighton, Armig.

Middl; JUR' presentant pro dom' rege super sacr'm suum qd' cum Rob' Carliel nuper

viscount Rochester, was unhappily diverted upon the lord Sanquire, a barou of that nation, and married to a good family in England; who

and one leaden bullet, quod quidem torment' idem Robertus Carliel in manu sua dextra adtunc et ibid' habuit et tenuit in et super præfat' Johan' Turner adtunc et ibid' felonice, voluntarie, et ex malicia sua præcogitat', sagittavit, et exoneravit, Anglice, did shoot off and discharge, et præd' Ro. Carliel cum glandine,

de Lond' yeoman, et Jacob' Irweng nuper de Lond' præd' yeoman, Deum præ oculis suis non habentes, sed instigatione diabolica seduct', undecuno die Maii anno regni Domini nostri Jacobi, Dei grat' Angl' Franc', et Hiberniæ regis, fidei defensor', &c. decimo, et Scotia xlv. apud London, videl't, in parochia Sancti Dunstani in occident', in warda de Farringdon ex-plumbea præd', torinent præd', adtunc et ibid' tra London præd', &c. vi et armis, &c. felonice ac ex maliciis suis præcogitat', in et super quendam Johan' Turner adtunc et ibidem in pace Dei et dicti domini regis existen', insultum et affraiam fecer', et præd' Robertus Carliel quoddam tormentum, Anglice vocat' a pistol, valor' quinque solidorum adtunc et ibid' onerat' cum pulvere bombardico, et glandine plumbea, Anglice, charged with gun-powder

emiss. præfatum Johan' Turner in et supersi, nistram partem pector' ipsius Johan' Turner prope sinistram mamillam ipsius Joh' Turner adtunc et ibid' felonice percussit, dans eidem Jo. Turner adtunc et ib' cum glandine plumbea præd' e torment' præd' adtunc et ib'm emiss. in et super præd' sinistram partem pector' ipsius Jo. Turner unam plagam mortal' latitud' dinid' unius pollic' et profunditat' quinq; pollic' de qua quid' plaga mortali præd' J. Turner apud Lond' præd', in paroch' et ward' præd', instant' obiit: Et præd' Jac. Irwenge, felonice, et ex malicia sua præcogitat', adtunc et ib'm fuit præsens, auxilians, assistans, abettans, confortans, et manutenens, præfat' Robert' Carliel ad felon' et murdr' præd' in form' præd' felonice faciend' et perpetrand': Et sic prædict' Robert' Carliel et Jacobus Irweng præfat' Johan' Turner apud Lond' præd', in paroch' et ward' præd', modo et forma prœd', felon', voluntar', ac ex maliciis suis præcogit' interfecerunt et murdaverunt, contra pacem dicti dom' reg' nunc, coron' et dignitat' suas: Quidam Robert' Creighton nuper de paroch' Sanctæ. Margaret' in Westm' in com' Middl' armig' Deum præ oculis suis non habens, sed instigatione diabolica seduct' ante felon' et murde', præd', per præfat' Rob. Carliel et Jacob. Irweng modo et forma præd' fact' et perpetrat', scil't, decimo die Maii, an' regni dicti domini nostri Jacobi, Dei grat' Angi', Franc', et Hibern' regis decimo, et Scotia xlv. præd' Robert' Carliel apud prædict' paroch' Sanctæ Marga

some years before, meeting with a sturdy fencer, one John Turner, who was a master of the weapon-trade in his own school, the young lord strove to put some affront upon him, (making it no little conquest to disgrace a master in the art, as they termed it) and the man apprehensive of the attempt, with a bold rudeness pressed so hard upon him, that he thrust out one of the baron's eyes. This mischief was much regretted by Turner, and the baron being conscious to himself that he meant his adversary some ill, took the accident with as much patience, as men that lose one eye by their own default use to do for the preservation of the other. Some time after, being in the court of the late great Henry of France, and the king (courteous to strangers) entertaining discourse with him, asked him, How he lost his eye: He (cloathing his answer in a better shrowd than a plain fencer's) told him, It was done with a sword: The king replies, Doth the man live? And that question gave an end to the discourse, but was the beginner of a strange confusion in his working fancy, which neither time nor dis-ret' in Westm' præd', in com' Middl' præd' ad tance could compose, carrying it in his breast some years after, till he came into England, where he hired two of his countrymen, Gray and Carlisle, men of low and mercenary spirits, to murther him; which they did with a case of pistols in his own house in White-friars, many years after the loss of his bodily eye: Thus the baron lost the eye of his reason. This bold nefarious act was very deeply resented at court, and the king's commands were so active for apprehension of the murderers, that they "My Lords; That which at my Arraignment were all three taken; one upon the borders of the other day I pleaded to the contrary, was Scotland, so far had his fears carried him; not that I could be so unworthy to deny any another in a ship bound for Hamburgh, who syllable of that I had formerly professed before escaping in a storm, the seas delivered up; and so honourable personages, nor out of any desire the lord himself being obscured, in this tem- that the least thing might be concealed, which pest of his soul, hearing 1,000l. was offered might serve for evidence to convince me of this to bring his head, so liberal was the king for foul fact, whereof I now stand accused and injustice, threw himself into the arms of his mer- dicted, and whereof I formerly have, and now cy, by the mediation of the archbishop of Can- do most willingly and penitently confess myterbury, to whom he presented himself an ob- self to be guilty; my purpose then was only to ject of pity; but no intercession could prevail, gain time for the disposing of some temporal aftheir lives satisfied the law, the baron not hav-fairs, and for the better preparing of my soul ing the honour of a noble death." See also Rapin,

felon' et murdr' præd' modo et forma præd' faciend' et perpetrand', malicios. felonic', voluntar', et ex malicia sua præcogitata, incitavit, movit, abbettarit, consuluit, et procuravit, contr' pacem dicti domini regis nunc, coron' et dignitat' suas, &c."

He then was demanded by the Clerk of the Crown, whether he was guilty of procuring the murder of John Turner, or not guilty? He made answer to this effect:

for her departure from this body; for that I should long live, I neither expect, nor much

I doubt not but that my hearty contrition and true repentance is accepted before God, and that he of his mercy hath pardoned mine offence.-2. For my offence unto the king's majesty; if I had more than my life to make satisfaction unto him, I would think myself happy: and this favour I request of your lordships, that the king may be truly informed of the sincerity of my confession, and of my hearty repentance, and if it please him not of his favour and clemency to pardon me this offence, yet I humbly desire, That I may die in his grace and favour.-3. For mine own country, let me intreat you that this my singular offence may not be laid as an aspersion or blemish unto my country; but that myself alone may bear the shame of it, and my body the punishment.-4. Of this country, because I do deserve no favour, I desire that of Christianity, you would be pleased to pity me as a repentant and sorrowful man.-5. For the party murdered, my blood must satisfy the law, to which I shall add such true repentance and hearty sorrowfulness, as I hope, by Christ's mercy, will make satisfaction for my offence.-6, 7. For his wife and posterity, some relief I have given already, and more, God willing, I will add unto it.-8. For Carliel, his too much affection to me made him too forward an executioner of my will and wicked purpose; but I hope by his repentance, he is pardoned his offences to God: in him I must confess my sin is doubled, and I pray God to pardon it me; for the manner of the murder, I neither commanded, nor gave allowance to pistol him. But I confess, that at the request of Carliel and Graye, I gave either of them a pistol to bring themselves off, after they should kill him. For him who is now suspected, I protest before God and all this company, I never knew him, nor spake with him, nor dealt either directly or indirectly with him in all my life.-9. Lastly, For myself, I commit my body to the king, and my soul to God.

desire. And now, my lords, if that may stand with the course of the laws of the land (whereof I am altogether ignorant) I will ease this jury, the king's counsel, and your lordships, and will confess myself guilty of this fact in the sane manner as it is laid in the Indictment.-Or if that may not be permitted by law, yet shall I give such evidence against myself, as I shall not leave it needful in any point to be aggravated; only in some circumstances I will endeavour, if not to extenuate the fact, yet at least to move your lordships and this worthy audience to pity my case; wherein as I know I can say nothing of substance that can help in a legal course of proceeding, so I much fear that those circumstances I would deliver, I shall not be able at full to express my own thoughts, both by reason of my own imperfections, and also for that I lack the perfect use of the phrase of this country. But for that point, in such passages as I shall not be understood in, I will humbly intreat your lordships in your wisdom, and this audience in their charity to conceive, that my meaning is, to make a full and true relation of all the passages of this business.-The first motive of this fatal accident was (as it is well known,) that Turner playing with me at foils, now about seven years past, at my lord Norris's house in Oxfordshire, put out one of my eyes, and that (as my soul and conscience was over-persuaded) willingly and of set purpose. At the taking up of the foils, I protested unto him, I played but as a scholar, and not as one that would contend with a master in his own profession, and thereupon requested him, That he would play as with a scholar; the order whereof, though it be unknown to your lordships, yet to divers honourable personages that are present it is known to be, to spare the face. After this loss of mine eye, and with it the great hazard of the loss of life, I must confess I ever kept a grudge of my soul against him, but had no purpose to take so high a revenge; yet in the course of ny revenge, I considered not my wrongs upon But, my lords, besides mine own offence, terms of Christianity, for then I should have which in its own nature needs no aggravation, sought for other satisfaction; but being trained | divers scandalous reports are given out, which up in the courts of princes and in arms, I stood blemish my reputation, which is more dear to upon the terms of honour, and thence befel this me than my life -First, That I made shew of act of dishonour; whereby I have offended, 1. reconciliation with Turner, the which I protest God; 2. My prince; 3. My native country; is utterly untrue; for what I have formerly 4. This country; 5. The party murdered; 6. said, I do agaia assure your good lordships, His wife; 7. Posterity; 8. Carliel, now exe- That ever after my hurt received, I kept a cuted; and lastly 9. My own soul. And am grudge in my soul against him, and never made now to die for mine offence.-1. First towards the least pretence of reconciliation with him; God; I hope that my earnest prayer and sup- yet this, my lords, I will say, that if he would plications unto him, have, (now at last) obtain-have confessed and sworn he did it not of pured his grace and pardon for this my horrible sin, for at my return from this place, the people (of whom I expected scorn and disgrace) did by their pity and clemency move that in me, which the pride of mine own heart would not till then suffer me to see; then I became to have a sense and feeling of the foulness of my offence, which formerly I could not persuade myself was any more than a just revenge for so foul a wrong; and since that time such inward comfort and consolation have I felt in my soul, that

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pose, and withal would have forsworn arms, I would have pardoned him: for, my lords I considered that it must be done either of set purpose or ignorantly; if the first, I had no occasion to pardon him; if the last, that is no excuse in a master: and therefore for revenge of such a wrong I thought him unworthy to bear arms. -The second obloquy is, That to defor the revenge so long, argues an inveterate malice, and an ill disposition. For the deferring of my revenge, I answer, that at the receiving the

a tedious discourse, whereof I know no circumstance can in any point of law do me any good, nor would I be thought all this while to plead for my life; my desires only are, that my life might satisfy for mine offence, and that my reputation might not be left defained.

hurt I was so astonished that I thought I had with ease bave gone over into France, for I had been slain; and by the opinion of my physi-a licence to travel, and for transporting some cians from Oxford and other places, my life horses.-Another aspersion is laid on me, that was then in much danger for many days after; this was God's just judgment, for that I was an yet after some months recovering my strength, ill-natured fellow, ever revengeful and delighted and getting some ease in mine eye, I went im- in blood. To the first, I confess I was never willmediately over into France, and there continued ing to put up a wrong, where upon terms of two years, hoping of the recovery of mine eye honour I might right myself, nor never willing to again. At the king of Denmark's coming pardon where I had a power to revenge. To the hither, I came out of France, and then hearing second I say, that I was never guilty of blood till at Greenwich that Turner played there before now, yet I have had occasion to draw my sword the two kings; I must confess, that after those both in the field, and upon sudden violences, prizes done, I sought for him up and down and have both given and received hurts, and yet and if I had met him in any place of the court, was never guilty of blood unto death till now; I was then resolved to have run him through; only I must confess that upon commission from though I must confess the place had made my the king to suppress wrongs done me in my offence far greater. But missing him there that own country, I put divers of the Johnsons to day, the next day I went after him to London, death; but for that I hope, I shall need neither and there sought after him for two days, but to ask God nor man forgiveness.-Lastly, The could not meet with him; the first news then I objection that since my imprisonment I have heard of him was, that he was gone into the attempted, by the means of my countrymen, to country unto the lord Norris's, and so for that break prison and escape, a course which I protime I was prevented of my purpose. Before test upon my salvation was never moved unto his return I went into Scotland; and after my me by any, nor did I ever lodge such a thought return again, I laid about for him, ever intend- in my breast; and for the further confirmation ing all this while to have acted it myself. But of that, I refer myself unto the marshal, and seeing the difficulty of it, both for that I was his officers, who in the prison have seen and best well known about the White-friars, where he know my deportment during my imprisonment. dwelt and kept school, and yet did not myself" Thus, my lords, have I troubled you with know Turner, but carried others with me for my direction, I afterward agreed with two of my countrymen, who undertook the acting of this tragedy; but nothing ensued upon it, and therefore I desire I may conceal their names. After this, my occasions called me over into France and other parts, so that my residence in this country was very little, till now at last I dealt with this unfortunate Carliel, who took unto him one Graye for his partner, and brought him unto me; and those two 1 directed to take a lodging in the Fryers, the better to discover how myself might come to revenge myself on the person of Turner. But after some delay they told me, I could with no conveniency come myself to do it: but they said, they would undertake it: to which I assented, but prescribed neither time nor manner how they could effect it. After this, Graye fell quite off, and went to the ships for Denmark, which Carliel came and told ine, and withal that Turner was then gone out of town; but since Graye had deceived him, he would have nobody but hinself, and would assuredly kill him at his return, though it were with the loss of his own life. But I being long delayed by two others whom formerly I spake of, and now also by these two, and seeing Graye gone, I thought that Carliel! had spoken this but to give me content, and the more to insinuate himself into my favour, so that I left him without any further direction, or much regard to his speech; and never heard more of him till I heard that Turner was slain; the time whereof, and the manner, I protest before God and his angels, I was altogether ignorant of; for had I expected it to have been done, I would not have staid myself here at the last cast, for before that time I could

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"Lastly, my lords, and the rest of the honourable and worshipful presence, I desire in charity, that you will consider these few circumstances to move you to pity. 1. The indignity I received from so mean a man. 2. That it was done willingly, for I have been informed he bragged of it after it was done. 3. The perpetual loss of mine eye. 4. The want of law to give satisfaction for such a loss. 5. The continual blemish I received thereby. Lastly, Unto this, I add my voluntary and free confession. Let me now add my last request to your lordships, that the king may be truly informed of these things. Contrition, confession, and satisfaction are the means to obtain pardon from God for our sins; and these many times do move the mercy of princes, which if his highness shall extend to me, I shall desire my life may be spent to do him service; or if not, I shall nrost willingly submit myself to his majesty's good pleasure, and yield to die."

The lord Sanquire having ended his speech, sir Francis Bacon (Solicitor General) spake as followeth:

Sir Francis Bacon. In the case of life and death the Jury's part is in effect discharged; for after a frank and formal confession their labour is at an end: so that what hath been said by Mr. Attorney General, and shall be by myself, is rather convenient than necessary.--My lord Sanquire, your fault is great; it cannot be extenuated, and it needs not be aggravated ;

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