Manes, Manichees, of Photinus, and Anabap- (also before our commissioners, for causes eccletists, and of other heretical, execrable, and un-siastical within our realm of England, mainheard-of, opinions, by the instinct of Satan, by tained his said most perilous and dangerous him excogitated and holden, viz. opinions, as appeareth by many of his confes1. That there is not the trinity of persons, sions, as also by a book written and subscribed the Father, the Son, and the Holy Ghost, in by hun, and given to us. For the which bis the unity of the Deity. 2. That Jesus Christ is damnable and heretical opinions, he is, by denot the true natural Son of God, perfect God, | finitive sentence, declared by the said rev. faand of the same substance, eternity and ma- ther, the bishop of Coventry and Lichfield, with jesty with the Father in respect of his Godhead. the advice and consent of learned divines, and 3. That Jesus Christ is only man and a meer other persons learned in the laws assisting bin creature, and not both God and man in one in judgment, justly adjudged, pronounced and person. 4. That Christ, our Saviour, took declared to be an obstinate and incorrigible henot human flesh of the substance of the Virgin retic, and is left by them under the sentence of Mary his Mother; and that, that Promise, the great excommunication, and therefore, as a The Seed of the Woman shall break the ser- corrupt member, to be cut off from the rest of pent's head,' was not fulfilled in Christ. 5. the flock of Christ, lest he should infect others That the person of the Holy Ghost is not God professing the true Christian faith and is to coequal, coeternal, and coessential with the be by our secular power and authority, as an Father and the Son, 6. That the three creeds, heretic, punished: as by the Significavit of the The Apostles Creed, the Nicene Creed, and said rev. father in God, the bishop of Coventry Athanasius's Creed, are the heresies of the Nico- and Lichfield, bearing date at Lichfield, the 14th laitaues. 7. That he the said Edward Wight- of December, in the 9th year of our reign, and man is that prophet spoken of in the eighteenth remaining in our court of Chancery, more at of Deuteronomy in these words, I will raise large appeareth. And, although the said Edthem up a prophet,' &c. And that, that place ward Wightman hath, since the said sentence of Isaiah, I alone, have troden the wine-pronounced against him, been often very chapress;' and that place, Whose fan is in his hand,' are proper and personal to him, the said Edward Wightman. 8. And that be the said Wightman is that person of the Holy Ghost spoken of in the Scriptures; and the Comforter spoken of in the 16th of St. John's Gospel. 9. And that those words of our Saviour Christ of the Sin of Blasphemy against the Holy Ghost, are meant of his person. 10. And that, that place, the fourth of Malachy, of Elias to come, is likewise meant of his person. 11. That the soul doth sleep in the sleep of the first death, as well as the body, and is mortal as touching the sleep of the first death, as the body is: And that the soul of our Saviour Jesus Christ did sleep in that sleep of death as well as his body. 12. That the souls of the elect saints departed, are not members possessed of the triumphant Church in Heaven. 13. That the baptizing of infants is an abominable cus

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14. That there ought not to be in the church the use of the Lord's Supper to be celebrated in the Elements of Bread and Wine; and the use of Baptism to be celebrated in the Element of Water; as they are now practiced in the Church of England : But that the use of Baptism is to be administred in water, only to converts of sufficient age of understanding, converted from infidelity to the faith. 15. That God hath ordained and sent him, the said Edward Wightman, to perform his part in the work of the Salvation of the world, to deliver it by his teaching, or admonition, from the heresy of the Nicolaitanes; as Christ was ordained and sent to save the world, and by his death to deliver it from sin, and to reconcile it to God. 16. And that Christianity is not wholly professed and preached in the Church of England, but only in part. Wherein be the said Edward Wightman, bath before the said rey, father, as

ritably moved and exhorted, as well by the said bishop, as by many other godly, grave and learned divines, to dissuade, revoke, and remove him from the said blasphemous, heretical, and anabaptistical opinions; yet he arrogantly and wilfully persisteth and continueth in the same. We therefore, according to our regal function and office, minding the execution of justice in this behalf, and to give example to others, lest they should attempt the like hereafter, have determined, by the assent of our council, to will and require, and do hereby authorise and require you, our said chancellor, immediately upon the receipt hereof, to award and make out under our great seal of England, our writ of execution according to the tenour in these presents ensuing. And these presents shall be your sufficient warrant and discharge for the

saine.

Rex vic' civitatis nostræ Lich. salutem, cuni reverendus in Christo pater, Richardus, providentià divinâ Coventr' et Lich' episcopus, nobis Significaverit, quod ipse contrà et adversùs quendam Edwarduin Wightman, parcchiæ de Burton super Trent, Coventr' et Lich' dioces., de et super nephandis heresibus Ebionis, Cerinthi, Valentiniani, Arii, Macedonii, Simonis Magi, Manetis, Manechæorum, Photini, et Anabaptistarum, aliorumq; heresiarcharum, et insuper de aliis execrandis opinionibus instinctu Satana excogitatu et antehac inauditis, juxtà canonum ecclesiasticorum, legumque et consuetudinum hujus regni nostri Angl' exigentiam, judicialit' procedens, prædictus Edwardus Wightman, coràm præfato rev. patre, ac aliis theologis et ju risperitis sibi in judicio assistentibus, comparens, prædicta nephanda crimina, hæreses, ac alia detestanda blasphemia et errores, contumaciter et ex quadam pertinacia, scienter, maliciosè, animoq; obdurato, publicavit, defendebat, et

739] STATE TRIALS, 10 JAMES I. 1612.-The Cases of Legatt and Wightman. [740

habuimus seu in futurum habere poterimus, aut bered. seu successor. nostri habere poterint in futur. sectamque pac. nostræ quæ ad nos versus ipsum Theophilum Higgons pertinet seu pertinere poterit in futur. et firmam pacem, et hanc pardonation. nostram eidem Theophilo Higgons inde damus et concedimus per præsentes. Aliquo statut. act. provisione seu restrictione in contrar. inde in aliquo non obstante. In cujus rei, &c. teste, &c. FRANCIS BACON,

Bill, save that sir Edward Hoby, to whom the "I have no warrant for the drawing of this party bears special obligation, did by his letter purpose: But, because the party's conversion to me signify your majesty's pleasure to this presumed to commend this Bill to your majeswas so notorious, and so generally liked, I have ty's signature. FRANCIS BACON." die Julii, 1611, anuo regis Jacobi nono. Expeditum apud Westmonasterium, 24th Windebank.

Per

Necnon quædam scandalosa et periculosa con trà statuni hujus regni, nostri tam ecclesiasticum quam temporale, et verbis et scriptis protulerit, et enunciaverit, atque etiam quosdam è subditis nostris à religione in hoc regno nostro stabilità seducere et avertere operam et vires in tenderit: Posteà tamen, per sancta et bona media, et precipuè ex penitentia et instinctu misericordiæ et gratiæ divinæ, prædictam perversitatem suam, ac falsas et opprobriosas opiniones prædictas, penitus abnegaverit, scque religioni veræ et reformatæ, et in hoc regno pro- This Bill containeth your majesty's gracious "It may please your excellent majesty. mulgatæ et stabilitæ conformem exhibuerit: pardon unto Theophilus Higgons, clerk, for Sciatis igitur, quod nos pietate moti, de gratià any offence or contempt in passing over the nostra speciali, ac ex certas scientia et mero motu, nostris, pardonavimus, remisimus, et reseas, or reconciliation to the church of Rome, laxavimus, ac per præsentes, pro nobis heredi- Jesuits or priests, or other offences of that naor remaining in seminaries, or conversing with bus et successoribus nostris, pardonamus, remittimus, et relaxamus, præd. Theophilo Hig-verted and conformed himself to the religion ture; for which he is penitent, and hath con-, gons, de London, clerico, (seu quocunque alio cstablished in this realm. nomine, cognomine, sive additione nominis vel cognominis, officii artis, dignitatis loci vel locorum, idem Theophilus Higgons censeatur, vocetur, sive nuncupetur, aut nuper censebatur, vocabatur, sive nuncupabatur,) omnes et omnimodas offensas de transeundo in partes transmarinas absque licencia nostra, ibidemque commorando, et cum Jesuitis ct Presbyteris conversando, ac in seminaris Anglico apud Doway et Sanct. Omer. permanendo, atque ecclesiæ Romanæ se reconciliando, ac scandaloso aliqua contrà statum regni hujus tam ccclesiasticum quam temporale, et scribendo et loquendo, atque aliquos è subditis nostris à religione hujus regni nostri avertendo et seducendo; Atque omnes alias offensas delicta, contemptus, malefacta, et transgressionis quascunque, præmissa, aut eorum aliquod, vel aliqua, in aliquo tangentes, vel concernentes, per prædictum Theophilum Higgons ante datam præsentium qualitercunque commissas sive perpetratas atque etiam omnes et omnimodas offensas, proditiones, felonias, et premunire ratione alicujus vel aliquorum, facti, vel factorum superius mencionatorum commissas, perpetratas vel incursas; Licet idem Theophilus Higgons de præmissis vel aliquo præmissorum indictatus, impetitus convictus, attinctus, adjudicatus, utlegatus, seu condemnatus existit vel non existit, aut inde indictari, impetiri, convinci, attingi, adjudicari, utlegari, seu condemnari, contigerit in futurum; Nec non omnes et omnimod. utlegarias si quæ in ipsum Theophilum Higgons, occasionibus præd. seu earum aliquâ, fuerint promulgatæ sive promulgandæ. Ac omnia et omnimoda judicia, attincturas, convictiones, condemnationes, panas mortis, panas corporales imprisonamente, ac omnes alias foristacturas, executiones, punitiones, et pænalitates, quæcunque super vel versus ipsum Theophilum Higgons ratione seu occasione præmis, sive eor. alicujus habit. fact, reddit. sive adjudicat. aut habend. faciend. reddend. seu adjudicand; Necnon omn. et omnimod, action. sect. quere!., impetition, et demand, quæcunque quæ nos versus ipsum Theophilum Higgons ratione sive occasione præmiss, seu eor, alicujus habemus

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The PARDON of Sir Eustace Harte. tem. Sciatis, quod nos de gratiâ nostrâ speciJAMES R.; Rex omnibus ad quos, &c. saluali, ac ex certâ scientiâ et mero motu nostris, pardonavimus, remisimus, et relaxavimus, ac per præsentes, pro nobis, hæredibus et successoribus nostris, pardonamus, remittimus, et relaxamus, Eustathio Harte, de villa de Southampton, militi, (seu quocunque alio nomine, cognomine, seu additione nominis vel cognominis, dignitatis, officii loci, vel locorum, idem Eustathius Harte sciatur, censeatur, vocetur, seu nuncupetur, aut nuper sciebatur, censeabatur, vocabatur, sive nuncupabatur,) omnia et singula crimina et offensas adulterii, fornicationis, et incontinentiæ, quascunque, per ipsum Eustathium Harte cum aliquà muliere sive aliquibus mulieribus, ante datam præsentium, ubicunque, quandocunque, quomodocunque, et qualitercunque, facta commissa sive perpetrata: Necnon omnia et singula fectas, impetitiones, actiones, fines, panas, amerciamenta, cernentes præmissa, seu eorum aliquod: Exet punitiones, quascunque, tangentes seu conceptis semper extrà has præsentes omnibus et singulis raptibus mulierum Angh vocat. rapes, et omnibus et singulis investiis et buggeriis, et omnibus aliis criminibus et offensis, unde alidatam præsentum exhibita fuit, et coràm nobis qua. billa, actio, querela, aut informatio, ante et consilio nostro in Camera Stellatâ aut aliquibus aliis curiis nostris apud Westmonasterium, siasticis, aut coràm aliquo vel aliquibus judice aut in aliquá, vel aliquibus curiis nostris ecclevel judicibus aut commissionariis nostris eccle

siasticis modò dependot remanet prosequenda. | all rapes, incest and buggeries, and all sutes wherein any bill or sute is depending in the In cujus rei, &c. Teste, &c. court of Star-chamber, or any other your ma"This containeth your majesty's pardon to sir Eustace Harte, knight, of all adulteries, for-jesty's courts at Westminster, or in any ecclesinications 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 ;

astical 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
tenements of great value, to be holden in ca-
pite; 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 honour 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 had read the preamble, and all the said act of the 28 H. 8, it was unanimously resolved by them all, 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 nos'trum prædicta terra nostra Hiberniæ in partibus 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, habendam,' 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 heirs 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, bis heirs, and assigns, shall have and enjoy in the right of his crown of England, all honours, manors, castles, lordships, franchises, As to the second, it was resolved, that the hundreds, liberties, count-palatines, jurisdictions, annuities, fees of knights, lands, tene- said act of the twenty eighth of H. 8, De Abments, &c. and all and singular possessions, sentees, doth not only take away the posseshereditaments, and all other profits, as well spi- sions which were given to him at the time of his ritual as temporal whatsoever, which the said creation, but also the dignity itself, for although one may have a dignity without any possession George earl of Shrewsbury and Waterford, or ad sustinendum nomem et onus,' yet it is very any other person or persons had to his use, &c. King Henry the eighth, by his letters patent, the inconvenient that a dignity should be cloathed twenty ninth year of his reign, reciting the said with poverty, and in cases of writs, and such statute De Absentees, nos præmissa consider other legal proceedings, he is accounted in law ❝antes, et nolentes statum, honorem, et digni- a nobleman, and so ought to be called, in re'tatem prædicti Comitis diminuere, sed amplius spect of his dignity; but yet if he want possesaugere, de certâ scientiâ et mero motu, &c.'sions to maintain his estate, he cannot press 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

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.

the king in justice to grant him a writ to cal him to the parliament; and so it was resolved in the case of the lord Ögle, in the reign of Ed.

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.]