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A34331 The Connexion being choice collections of some principal matters in King James his reign, which may serve to supply the vacancy betwixt Mr. Townsend's and Mr. Rushworth's historical collections. England and Wales. Sovereign (1603-1625 : James I) 1681 (1681) Wing C5882; ESTC R2805 57,942 188

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where so much as in us lies to ●oot out and extirpate and Hereticks so convict to punish with Condig● Punishment holding that such an H●retick in the aforesaid Form Convi●● and Condemned according to th● Laws and Customs of this our Kingdom of England in this part accustomed ought to be Burned with Fire● We command thee that thou cause the said Edward Wightman being i● thy Custody to be committed to the Fire in some publick and open Place● below the City aforesaid for the Cause aforesaid before the People and the same Edward Wightman in the same Fire cause really to be Burned in the Detestation of the said Crime and for manifest Example of other Christians that they may not fall into the same Crime And this no ways omit under the Peril that shall follow thereon Witness c. Anno Dom. 1616. An. Reg. Jac. 14. ● Order of the King 's Privy Council sent to the Peers of the Realm for the Tryal of the Earl and Countess of Somerset Whitehall Apr. 24. 1616. AFter our very hearty Commendations to your Lordship ●hereas the King 's Majesty hath re●ved that the Earl of Somerset and ●e Countess his Wife lately indicted ●f Felony for the Murder and Poy●ning of Sir Thomas Overbury then ●s Majesties Prisoner in the Tower ●all now receive their Lawful and ●ublick Tryal by their Peers imme●ately after the end of this present ●aster Term. At the Tryal of which ●oble Personages your Lordship's ●resence as being a Peer of the Realm ●nd one of approved Wisdom and In●grity is requisite to pass upon them ●hese are to let your Lordship understand that his Majesties Pleasure ●● and so commandeth by these our Le●ters that your Lordship make you● repair to the City of London by th● Eleventh day of the Month of M●● following being some days before th● Tryal intended at which time you● Lordship shall understand more of hi● Majesties Pleasure So not doubtin● of your Lordships Care to observe h● Majesties Directions we commit yo● to God Your Lordships very loving Friends G. Cant. T. Ellesmere Canc. Fenton E. Wotton Tho. Lake Lo. Dare. C. Edmonds E. Worcester Lenox P. Herbert R. Winwood F. Grevyll J. Caesar ●he Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset the Countess having received the King's Pardon ●T may please your Grace my Lord High Steward of England and you ●y Lords the Peers You have here ●efore you Robert Earl of Somerset ●● be Tried for his Life concerning ●e Procuring and Consenting to the ●oysoning of Sir Thomas Overbury ●●en the King's Prisoner in the Tower ●f London as an Accessary before the ●act I know your Honours cannot be●old this Noble Man but you must ●emember the great Favours which ●he King hath conferred on him and ●ust be sensible that he is yet a Mem●er of your Body and a Peer as you ●re so that you cannot cut him off ●●om your Body but with grief and ●herefore you will expect from us that give in the King's Evidence sound ●nd sufficient matter of Proof to satisfie your Honours Consciences As for the manner of the Evidence the King our Master who amongst other his Vertues excelleth in that Vertue of the Imperial Throne which is Justice hath given us Command that we should not expatiate nor make Invectives but materially pursue the Evidence as it conduceth to the points in question A matter that though we are glad of so good a Warrant yet we should have done of our selves For far be it from us by any Strains of Wit or Arts to seek to play Prizes or blazon our Names in Blood or to carry the Day other ways than on sure grounds We shall carry the Lanthorn of Justice which is the Evidence before your Eyes upright and so be able to save it from being put out with any grounds of Evasion or vain Defence not doubting at all but that the Evidence it self will carry that Force as it shall need no Advantage or Aggravation First My Lords The Course that will hold in delivery of that which shall say for I love Order is First I will speak something of the Nature and Greatness of the Offence which is now to be Tried not to weigh down my Lord with the great●ess of it but rather contrariwise to ●ew that a great Offence needs a ●ood Proof And that the King how●ever he might esteem this Gentle●an heretofore as the Signe● upon his ●inger to use the Scripture Phrase ●et in such a Case as this he was to ●ut it off Secondly I will use some few words ●ouching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And Lastly I will produce the ●roofs either out of Examination ●nd matters of Writing or Witnesses ●iva voce For the Offence it self it is of Crimes ●ext unto High Treason the greatest is the foulest of Felonies It hath ●ree Degrees First It is Murder by Impoysonment Secondly It is Mu●der committed upon the King's Prisoner in the Tower Thirdly I might say it is Murder under the colour ● Friendship but that it is a Circumstance Moral and therefore I leav● that to the Evidence it self For Murder my Lords the fir●● Record of Justice which was in th● World was Judgment upon a 〈◊〉 therer in the Person of Adam's First born Cain and though it was not punished by Death but Banishment and marks of Ignominy in respect of the Primogenitors or the Population o● the World yet there was a sever● Charge given that it should not g●● unpunished So it appeareth likewise in Scripture that the Murder of Abner by Joab though it were by David respited in respect of great Services past or reason of State yet it was not forgotten But of this I will say no more because I will not discourse It was ever admitted and ranked in God's own Tables That Murder is of Offences between man and man next unto High Treason and Disobedience to Authority which sometimes have been referred to the first Table because of the Lieutenancy of God in Princes the greatest For Impoysonment I am sorry it should be heard of in our Kingdom It is not nostri generis nec sanguinis pec●atum it is an Italian Comfit fit for the Court of Rome where that person that intoxicateth the Kings of the Earth is many times really intoxica●ed and poysoned himself but it hath three Circumstances which makes it grievous beyond other matters The First is That it takes a man away in full peace in God's and the King's peace that thinks no harm ●ut is comforting of Nature with Re●ection and Food so that as the Scripture saith his Table is made a Snare The Second is That it is easily committed and easily conceal'd and on ●he other side hardly prevented and hardly discovered For Murder by violence Princes have Guards and Private Men have Houses Attendants and Arms. Neither can such Murder be committed but Cum sonitu with some