cases of spoil and their accessaries or dependencies be granted hereafter Item That no Ship or Goods taken from any of his Majesties Friends shall be delivered by any other Order than upon proof made in the said Court of the Admiralty before the said Judge or his Deputy to the end that a Record may be kept of all such restitutions made to strangers to serve when occasion shall require Item That every Vice Admiral is enjoyned by this Proclamation whereof he shall take notice at his peril to certifie into the said Court of the Admiralây every Quarter of the Year what man of War hath gone to the Sea or returned home within that time with any Goods taken at Sea or the procedure thereof upon pain to lose to his Majesty by way of fine for every such default forty pounds of current money of England to be answered into his Majesties Receipt of the Exchequer by Certificate from the said Judge of the Admiralty under the Great Seal of that Office to be directed to the Lord Treasurer and the Barons of the Exchequer Item That all the Kings Subjects shall forbear from aiding or receiving of any Pyrate or Sea-Rover or any person not being a known Merchant by contracting buying selling or Exchanging with them or by victualling of them or any of their Company whereby they or any of them shall be the more inabled to go or return to the Seas to commit any pyracy or disorder upon pain for so doing to be punished presently as the principal Offenders and Pyrates ought to be Item That the Vice-Admirals Customers and the other Officers of the Ports shall not suffer any ship to go to Sea before such time as they respectively in their several Ports have duly searched and visited the same to the intent to stay such persons as apparently shall be furnished for the Wars and not for âerchandize or Fishing and if there shall be any manner of suspicion that the said person though he shall pretend to trade for merchandize or fishing hath or may have an intent by his provisions or furniture otherwise than to use the trade of merchandize or fishing thaâ in such case of suspicion the Officers of the Ports shall stay and in no wise suffer the same to pass to the Seas without good Bonds by sufficient Sureties first had to use nothing but a lawful trade of merchandize or fishing and if the said Officers shall suffer any person otherwise to repair to the Seas then above is mentioned they shall not onely answer for any pyracies which any such person shall chance hereafter to do upon the Seas but shall suffer imprisonment until the Offenders may be apprehended if they shall be living And generally his Majesty declareth and denounceth all such Pyrats and Rovers upon the Seas to be out of his Majesties protection and lawfully to be by any person taken punished and suppressed with extremity And whereas divers great and enormous spoyles and pyracies have been of late time committed within the Streights of Gibralter by Capt. Thomas Tomkins Gent Edmond Bonham Walter Janerin Mariners and divers others English Pyrates and the Goods monies and merchandizes brought into England by them have been scattered sold and disposed of most lewdly and prodigally by the means of their Receivers Comforters and Abettors to the exceeding prejudice of his Majesties good friends the Venetians whom they have robbed and to the great displeasure of God and dishonour of this State His Majesty doth expresly command all Lieutenants Deputy-Lieutenants Admirals Vice Admirals and their Deputies and all other Officers of the Admiralty and all Justices of the Peace Mayors Sheriffs Bailiffs Constables and all others his Officers and Ministers whatsoever to use all care and diligence in the inquiring searching for and apprehending all such Pyrates their Receivers Comforters and Abettors and if they shall by their travels and cares find any of them to send them presently under safe custody to the Common-Goales of Hampshire or Dorseâshire there to remain without Bail or mainprise till the Lord High Admiral of England or his Lieutenant the Judge of the High Court of the Admiralty shall dispose of them according to the Laws in that case provided Given at his Majesties City of Winchester the 30th day of September 1603. in the first year of his Highness Reign of England France and Ireland and of Scotland the seven and thirtieth Anno Dom. 1604. An. Reg. Jac. 2. A Proclamation by King James for the Revocation of Mariners from forreign services to prevent their turning of Pyrates and to hinder Acts of Hostility to be committed on the Coasts of England WHereas within this short time since the Peace concluded between us and the King of Spain and the Arch-Dukes our good Brothers It hath appeared unto us that many Mariners and Sea-faring men of this Realm having gotten a custome and habit in the time of the War to make profit by spoil do leave their ordinary and honest Vocation and trading in merchantly Voyages whereby they might both have convenient maintenance and be serviceable to their Country and do betake themselves to the service of divers foreign States under the title of men of War to have thereby occasion to continue their unlawful and ungodly course of living by spoil using the service of those Princes but for colour and pretext but in effect making themselves commonly no better than Pyrates to rob both our own Subjects their Country men and the Subjects of other Princes our neighbours going in their honest trade of merchandize By which courses they impeach the quiet Traffique of Nations one with other leave our Realm unfurnished of men of their sort if we should have cause to use them and inure themselves to an impious disposition of living by rapine and evil means although by reason of the universal peace wherein we rre at this present with all Christian Princes and States they may have a more plentiful imployment in an orderly and lawful naâigation that at any time of late years they could have had We have thought it necessary in time to prevent the spreading of such a corruption amougst our subjects of that sort and calling whereby our Nation will be so much shandered and our Realm so greatly disedvnataged wherefore we do will and command all Masters of ships Piâts Mariners and all other sort of âea-faring men who now are in the âartial service of any foreign State âat they do presently return home inâo their own Country and leave all âch foreign services and betake themâlves to their vocation in the lawful âourse of merchandize and other orâerly Navigation upon such pains and âunishments as by the Laws of our âealm may be inflicted upon them if âfter this Declaration of our pleasure âhey shall not obey And We do also âpon the same pains straitly charge and âommand all our Subjects of that profesâon that none of them shall from henceâorth take Letters of Mark or Reprisal âr serve under
Advertisement the Lady received from time to time from the Lieutenant or Weston touching Overbury's State of Body and Health were ever sent nigh to the Court though it were in Progress and that from my Lady such a Thirst and Listening he had to hear that he was dispatched Lastly That there was a continual Negotiation to set Overbury's Head on Work that he should make some to clear the Honour of the Lady and that he should be a good Instrument towards her and her Friends all which was but Entertainment For your Lordships shall see divers of my Lord of Northampton's Letters whose Hand was deep in this Business written I must say in dark words and Clauses that there was one thing pretended and another thing intended that there was a real Charge and somewhat not real a main Drift and Dissimulatien Nay further there be some Passages which the Peers in their Wisdoms will discern to point directly at the Poysonment King James his Pardon to Frances Countess of Somerset for Poysoning of Sir Thomas Overbury James Rex THe King to whom c. Greeting Whereas the Fountains âs well of Mercy as Justice are wont ând ought to flow from the King's Throne of which the former of Juâtice in the memorable Case of the Death and Murther of Sir Thomas Oâerbury in a constant and right Course âath flowed and is derived from us ând our Royal Court for the full Saâisfaction of our selves and Subjects And whereas divers and manifold Causes of our Clemency occur which âay move our Regal Mercy towards Fr. Carre late Countess of Somerset âhiefly that Murther with so many ând such examples of Justice before this âime expiated especially two whereof the first respecteth her Father and Friends and Family and Noble Progeny the other hath respect to her self because she freely and willinglâ confessed her Offence submitting anâ prostrating her self at the Altar of ouâ Mercy not only during the time ââ her Imprisonment but also publicklâ and in her Trial And forasmuch aâ Lord Ellesmere our Chancellor ââ England and being our High Steward of England in that behalf and aââ her Peers by whose Judgment shâ was Convict at the Humble Petitioâ of the said Frances publickly made solemnly bound themselves by theiâ promise to intercede for our Royaâ Mercy towards her and first weighâing with our selves the Nature of he Offence upon which she was Indicted Arraigned Convicted and Condemned viz. that the Process and Judgment were not as of a Principal but as of an Accessary before the Fact and that she seemed to have begun by the Procurement and wicked Instigation of certain base Persons Know ye that We moved with Pity oâ our special Grace and of our certain Knowledge and our meer Motion Pardoned Remitted and Remised and by these Presents for us our Heirs and Successors do Pardon Remise and Release to the aforesaid Frances Carre late Countess of Somerset or by whatsoever other Name or Sir-name or Addition of Name or of her Sirname of Dignity Place or Places the same Frances may be known esteemed called or named or lately was known esteemed called or Named the Slaughter Killing Poysoning Bewitching Death Felony and Felonious Murthering of the aforesaid Sir Thomas Oâerbury or by whatsoever Name Sir-name or Addition of Name or Sir-name of Place or Places the said Sir Thomas Overbury may be known esteemed called or named or lately was known esteemed called or named by the said Frances by her self alone or with any other Person or Persons whatsoever howsoever in what manner soever whensoever or wheresoever done committed or perpetrated all and all manner of Conspiracies Felonies Abettments Procurements Incitations Partnerships Maintainances Helps Hirings Commands Councils Crimes Transgressions Wrongs Offences and Faults whatsoever the aforesaid Death Slaughter Killing Poysoning Bewitching Felony and Felonious Murthering of the aforesaid Sir Thomas Overbury in any wise touching or concerning and the Accessary of them as before the Fact as after the Fact and Flight and Flights made thereupon although the said Frances of the Premisses or any of the Premisses stand or not stand Indicted Impeached Appellat Vocat Rectat Maneat Convicted Condemned Attainted or Adjudged by the Judgment of her Peers before the aforesaid High Steward of England or otherwise howsoever or thence in time to come shall appear to be Indicted Impeached Appellari Rectari Vocari Waviari Convicted Condemned Attainted or Adjudged and all and singular Indictments Judgments Condemnations Executions Pains of Death Pains of Corporal Punishments and all other Pains and Penalties whatsoever of for or concerning the Death Slaughter Killing Poysoning Bewitching Felonies and Felonious Murthering of the aforesaid Sir Thomas Overbury in upon or against the same Frances had made returned or adjudged or which we against the same Frances may have in time to come Imprisonment at our Royal Pleasure or Restraint confining to a certain place only excepted Moreover we do pardon and by these presents for us our Heirs and Successors remit and remise to the aforesaid Frances all and every Outdowries which against the same Frances by reason or occasion of the Premisses or any of them have been proclaimed or hereafter shall be proclaimed and all and all manner of Suits Complaints Impeachments and Demands whatsoever which we against the same Frances for the Premisses or any of the Premisses have had have or in time to come shall have and the suit of our Peace which appertained to us against the same Frances or may appertain by reason of the Premisses or any of them and by these Presents we do give and grant our firm peace to the same Frances willing that the same Frances by the Justices Sheriffs Escheators Bayliffs or any other our Ministers by the occasions aforesaid or any of them be not molested troubled or in any manner vexed so as nevertheless she stand right in our Court if any towards her should speak concerning the Premisses or any of the Premisses although the said Frances do not find good and sufficient Security according to the Form of a certain Act of Parliament of the Sovereign Lord Edward the Third Late King of England our Progenitor held at Westminster in the Tenth Year of his Reign for her Good Behaviour from henceforth towards us our Heirs and Successors and all our People And farther for us our Heirs and Successors of our more ample special Grace and out of our certain Knowledge and our meer motion we will and grant by these presents that these our Letters Patent of Pardon and all and singular the things contained in the same âhall stand and be good firm valid sufficient and effectual in the Law and from henceforth shal by no means beâome void and that in time to come âhe said Frances by any means shall not be Indicted Arrested Accused âexed or troubled of for or concernâng the Death Murther Slaughter Poysoning Bewitching Felony or âelonious Killing of the aforesaid Sir Thomas Overbury howsoever or by whatsoever means the said
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 LONDON Printed for W. Crook at the Green Dragon without Temple Bar 1681. AN ADVERTISEMENT OF THE Collector WHo ever you are or of what Quality you be that this Connexion comes to the âands of there is no need of an Auâhor's begging your Favour for without an Apology if the seriâus and deliberate Results of a Wise King by his Parliament and by his Privy Council with the Learnâd Discourses of some Great men in that time such as the Duke of Bucking ham Sir Francis Bacon c. without Reflections Annotations Observations c. will not please am sorry for it yet I will give thâ reason of the Publication of this viz. There being an Historical Collection of the last Parliaments oâ Qu. Elizabeth by Mr. Heywooâ Townsend which Ends before thâ beginning of King James his Reignâ and Mr. John Rushworth beginâ his Historical Collections so late iâ the said King's Reign that therâ is nigh twenty years space betwixâ them of which time nothing of History is in Print in this Method And although Wilson and Saunderson have both wrote that Great King's Life yet neither of them have reported Matter of Fact in this manner You have these Collections as âhey came to my hands from several âareful Collectors of Choice Things And truly I was in hopes I should âave got more relating to that time âut I found these so difficult that I âave over the farther search and âielded to the desire of some that âad seen them to let them go as âhey are THE CONTENTS AN. 1. Jac. Reg. A Proclamation bâ King James to Repress all Pyrâcies and Depredations upon the Seâ wherein Rules and Articles are set foâ the prevention of Sea Rovers and Pyrates An. 2. Jac. A Proclamation of the Revocation of Mariners from Foreign Services and to prevent them turning oâ Pyrates and to hinder Acts of Hostility to be committed on the Coasts of England An. 3. Jac. An Act of Parliament for the granting of three intire Subsidies and six Fifteenths and Tenths granted by the Temporality to his Majesty with the Reasons why granted shewing the great Advantage his Majesty hath been to the Kingdom âac The Declaration of the Opinions of the Non-conformists as it was delivered to King James in the third year of his Reign âac A Proclamation by King James with Rules to prevent Pyracies â 7. Jac. A Proclamation of King James touching Fishing â 8. Jac. The Case of Sir John Kenneâda and his Lady shewing the Contract âin Marriage âac Vpon the Case of Sir John Kenâeda whether an English Jurisdiction may disannul a Marriage made in Scotland âac Certain Points of Law and Reaâon whereby it may plainly appear that âhe Question between the Lady Kenneda and Sir John concerning the Validity of their Marriage may and ought by ordinary course of Law be heard and determined before the Ecclesiastical Judges in England who have Jurisdictions in the Places where they do both dwell Whereupon the Civilians have grounded their Opinions given in this Case to that Effect 9 Jac. The Commission and Warrant foâ the Condemnation and burning of Baâtholomew Legat who was burnt iâ Smithfield in London for Hereticâ Opinions 9 Jac. The Commission and the Warranâ for the Condemnation and burning oâ Edward Wightman of Lichfield witâ an Account of his Heretical Opinions 14 Jac. An Order of the King 's Privâ Council sent to the Peers of the Realm for the Tryal of the Earl and Countesâ of Somerset for the poysoning of Siâ Thomas Overbury 14. Jac. Sir Francis Bacon's Speech aâ the Arraignment of the Earl of Somerset 14 Jac. King James his Pardon to Frances Countess of Somerset for poysoning Sir Thomas Overbury 19 Jac. An Order of the Privy Council 22 Jac. His Grace the Duke of Buckingham's Answer to the Scandals of the Marquess of Inoiosa the Spanish Ambassador wherein his Abusive Reflections are wip'd off CHOICE COLLECTIONS IN King JAMES His Reign Anno Dom. 1603. in An. Reg. Jac. 1. A Proclamation by King James to repress all Pyracies and Depredations upon the Sea wherein Rules and Articles are set for the prevention of Sea Rovers and Pyrates THE Kings Majesty being certainly informed through the manifold and daily complaints made to his Highness as well by his own Subjects as others of the continual Depredations and Pyracies committed on the Seas by certain lewd and ill disposed persons and finding that the ordinary proceeding held of late times for the suppressing of these enormities and offences have wrought less Reformation than was expected In his Princely care to preserve Justice as one of the main Pillars of his Estate and for the speedier suppression of all such Pyracies and depredacious Crimes most hateful to his mind and scandalous to his peaceable Government and for the better continuance of Amity with all other Princes and States hath with the advice of his Privy Council for the speedy prevention or severe punishment hereafter of such foul crimes and pyracies set down certain Articles hereunto annexed which his Highness commanded all his Officers whom it may concern of what degree soever to see duely executed wherein if any manner of person shall be found culpable or wilfully negligent contemptuous or disobedient his Majesty declareth hereby that punishment shall be inflicted upon him or them with such severity as the Example thereof shall terrifie all others from committing any so odious crimes or contemptuous Offences First That no Man of War be furnished or set out to Sea by any of his Majesties Subjects under pain of death and confiscation of Lands and Goods not only to the Captains and Mariners but also to the Owners and Victuallers if the Company of the said Ship shall commit any pyracy depredation or murther at the Sea upon any of his Majesties Friends Item That if any person whatsoever shall upon the Seas take any Ship that doth belong to any of his Majesties Friends and Allies or to any of their Subjects or shall take out of it by force any goods of what nature or quality so ever he or they so offending shall suffer death with Confiscation of Lands and Goods according to the Law in that Case provided Item That all Admiral Causes except the Causes now depending before the Commissioners for Causes of depradations shall be summarily heard by the Judge of the High Court of the Admiralty without admitting any unnecessary delay Item that no appeal from him be admitted to the Defendent or Defendents in causes of Depredation either against the offenders or their Accessaries before or after the offence committed or those in whose possession the Goods spoiled are found unless first by way of provision the sum adjudged be paid to the Plaintiff upon Sureties to repay it if the Sentence shall be reversed Item that no prohibition in such
Nicene Creed and Athanasius Creed contain not a profession of the true Christian Faith or that he will not profess his Faith according to the same Creeds that Christ is not God of God begotten not made but begotten and made that there are no Persons in the God-head That Christ was not God from Everlasting but began to be God when he took flesh of the Virgin Mary that the World was not made by Christ that the Apostles teach Christ to be man only that there is no Generation in God but of Creatures that this Assertion God to be made Man is contrary to the Rule of Faith and monstrous Blasphemy That Christ was not before the fullness of time Except by Promise that Christ was not God otherwise than an anoynted God that Christ was not in the form of God Equal with God that is in substance of God but in Righteousness and giveing Salvation that Christ by his Godhead wrought no Miracle that Christ is not to be prayed unto wherein he the said Bartholomew Legatt hath before the said Reverend Father maintained his said most dangerous and Blasphemous Opinions as appeareth by many his Confessions publickly made and acknowledged for which his Damnable and Heretical Opinions he is by Difinitive sentence by the said Reverend Father John Bishop of London with the Advice and Consent of other Reverend Bishops Learned Divines and others Learned in the Laws assisting in Judgment Justly adjudged pronounced and declared to be an obstinate and incorrigible Heretick and is left by them under the sentence of the great Excommunication and therefore as a Corrupt Member to be Cutt off from the Chruch of Chist and society of the Faithful and is to be by our secuâar Power and Authority as an Heretick punished as by the Significavit of the said Reverend Father in God the said Bishop of London bearing date at London the third day of March in the year of our Lord 1611. In the ninth year of our Reign and remaining in our Court of Chancery more at large appeareth And although the said Bartholomew Legatt hath since the said sentence pronouced against him been often very Charitably moved and exhorted as well by the said Bishop as by many grave and Learned Divines to disswade revoke and remove him from the said Blasphemous and Heretical Opinions yet he arrogantly and willfully 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 Councel to will and require and do hereby Authorize and Require you our said Chancellor Immediatly upon the receipt hereof to award and make out under our great Seal of England our Writ of Execution according to the Tenor in these Presents ensuing and these Presents shall be your sufficient Warrant and Discharge for the same The WARRANT THE King to the Sheriffs of London greeting Whereas the Reverend Father in Christ John Bishop of London hath signified unto us that when he in a certain business of Heretical pravity against one Bartholomew Legatt our Subject of the City of London of the said Bishop of Londons Diocese and Jurisdiction rightly and lawfully proceeding by Acts enacted drawn proposed and by the Confessions of the said Bartholomew Legatt before the said Bishop Judicially made and acknowledged hath found in the said Bartholomew Legatt very many wicked Errours false opinions Heresies and cursed Blasphemies and Impious Doctrines expresly contrary and repugnant to the Catholick Faith and Religion and the Holy word of God knowingly and maliciously and with a pertinacious and obdurate plainly Incorrigible mind to believe hold affirme and publish the same Reverend Father the Bishop of London with the advice and consent as well of the Reverend Bishops and other Divines as also of men Learned in the Law in Judgment sitting and assisting thâ same Bartholomew Legatt by hiâ Definitive Sentence hath pronounced decreed and declared to be an Obdurate Contumacious and incorrigible Heretick and upon that occasion as a stubborn Heretick and rotten contagious Member to be cut off from the Church of Christ and the Communion of the Faithful whereas the Holy Mother Church hath not further to do and prosecute in this part the same Reveren'd Father hath left the aforesaid Bartholomew Legatt as a Blasphemous Heretick to our secular power to be punished with Condign punishment as by the Letters Patents of the said Reverend Father in Christ the Bishop of London in this behalf above made hath certified unto us in our Chancery We therefore as a Zealot of Justice and a defendor of the Catholick Faith and willing to maintaine and defend the holy Church and Rights and liberties of the same and the Catholick Faith and such Heresies and Errours every where what in us lyeth to Root out and extirpate and to punish with Condign punishment such Hereticks so Convicted and deeming that such an Heretick in form aforesaid Convicted and Condemned according to the Laws and Customs of this our Kingdom of England in this part occasioned ought to be Burned with Fire We do Command you that the said Bartholomew Legatt being in your Custody you do Commit publickly to the Fire before the people in a publick and open place in West-Smithfield for the Cause aforesaid and that you cause the said Bartholomew Legatt to be really burned in the same Fire in detestation of the said Crime for the manifest Example of other Christians lest they slide into the same fault and this that in no wise you omit under the peril that shall follow thereon witness c. Anno Dom. 1611. An. Reg. Jac. 9. The Commission and Warrant for the Condemnation and Execution of Edward Wightman at Lichfield 1611. with an Account of his Heretical Opinion âAmes by the Grace of God King of England Scotland France and âeland Defender of the Faith c. To our Right Trusty and Right âell-beloved Councellour Thomas âord Ellesmere our Chancellour of ângland Greeting Whereas the Reâerend Father in God Richard Biâop of Coventry and Lichfild Having âdiciously proceededf in the Examinaâon Hearing and Determining of a Cause of Heresie against Edward Wightâan of the Parish of Burton upon ârent in the Diocese of Coventry and âichfield Concerning the wicked Heâsies of the Ebionites Corinthians Vaântinians Arrians Macedonians of âimon Magus of Manes Manichees of Photinus and Anabaptists and ãâã other Heretical execrable and unheard of Opinions by the Instinct ãâã Satan by him excogitated and holden viz. 1. That there is not the Trinity ãâã Persons the Father the Son and the Holy Ghost in the Unity of the Deity 2. That Jesus Christ is not the true Natural Son of God perfect God and of the same Substance Eternity and Majesty with the Father in respect of his Godhead 3. That Jesus Christ is only Man and a mere Creature and not both God and Man in one Person
4. That Christ our Saviour took not Humane Flesh of the Substance of the Virgin Mary his Mother and that that Promise the Seed of the Woman shall break the Serpents Head was not fulfilled in Christ 5. That the Person of the Holy Ghost is not God Coequal Coeternal and Coessential with the Father and the Son 6. That the three Creeds viz. the Apostles Creed the Nicene Creed the Athanasian Creed are the Heresies of âe Nicolaitaines 7. That he the âid Edward Wightman is that Proâhet spoken of in the Eighteenth of âeuteronomy in these words I will âise them up a Prophet c. and that âat place of Isaiah I alone have troden âe Wine-press and that that place âhose Fan is in his hand are proper âd personal to him the said Edward âightman 8. And that he the said âightman is that Person of the Holy âhost spoken of in the Scriptures âd the Comforter spoken of in the âxteenth of St. John's Gospel 9. And at those words of our Saviour Christ the Sin of Blasphemy against the âoly Ghost are meant of his Person ââ And that that place the Fourth ââ Malachy of Elias to come is âewise meant of his Person 11. That âe Soul doth sleep in the Sleep of âe First Death as well as the Body âd is mortal as touching the Sleep âe first Death as the Body is And ât the Soul of our Saviour Jesus ârist did sleep in that Sleep of Death 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 Custom 14. That there oughâ not in the Church the use of the Lords Supper to be celebrated iâ the Elements of Bread and Wine and the use of Baptism to be celebrated in the Element of Water as they are now practised in the Church of England but that the use of Baptism iâ to be administred in Water only to Converts of sufficient Age and Understanding converted from Infidelity to the Faith 15. That God hath ordained and sent him the said Edwarâ Wightman to perform his part in the Work of the Salvation of the World to deliver it by his Teaching or Admonition from the Heresie of the Nicolaitanes as Christ was ordained and sent to save the World and by hiâ Death to deliver it from Sin and to reconcile it to God 16. And thaâ Christianity is not wholly professed and preached in the Church of England but only in part wherein he âhe said Edward Wightman hath before the said Reverend Father as alâo before our Commissioners for Cauâes Ecclesiastical within our Realm of England maintained his said most âerilous and dangerous Opinions as âppeareth by many of his Confessions âs also by a Book Written and Subscriâed by him and given to us for the which his damnable and heretical Oâinions he is by Divine Sentence declared by the said Reverend Father âhe Bishop of Coventry and Lichfield with the Advice and Consent of Learned Divines and others Learned in âhe Law assisting him in Judgment âustly adjudged pronounced and declared to be an obstinate and incorrigible Heretick and is left by them under the Sentence of the great Excommunication and therefore as a Corrupt Member to be cut off from âhe rest of the Flock of Christ lest he should infect others professing the true Christian Faith and is to be by our Secular Power and Authority as an Heretick punished As by the Significavit of the said Reverend Father in God the Bishop of Coventry and Lichfield bearing Date at Lichfield the Fourteenth day of December in the Ninth Year of our Reign and remaining in our Court of Chancery more at large appeareth And although the said Edward Wightman hath since the said Sentence pronounced against him been often very charitably 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 willfully resisteth 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 Authorize and Require You our said Chancellour immediately upon the Receit hereof to award and make out under Our Great Seal of England Our Writ of Execution âccording to the Tenor in these presents ensuing And these presents shall âe your sufficient Warrant and Discharge for the same Then was a Warrant granted by the King to the Lord Chancellour of England to award a Writ under the Great Seal to the Sherriff of Lichfield for Burning of Edward Wightman delivered over to the Secular Power by the Bishop of Coventry and Lichfield The Warrant THE Kng to the Sheriff of Our City of Lichfield Greeting Whereas the Reverend Father in Christ Richard by Divine Providence of Coventry and Lichfield Bishop hath signified unto Us That he judicially proceeding according to the Exigence of the Ecclesiastical Canons and of the Laws and Customs of this our Kingdom of England against one Edward Wightman of the Parish of Burton upon Trent in the Diocess of Coventry and Lichfield of and upon the Wicked Heresies of Ebion Cerinthus Valentinian Arrius Macedonius Simon Magus of Manes Manichees Photinus and of the Anabaptists and other Arch Hereticks and moreover of other cursed Opinions belched by the Instinct of Satan excogitated and heretofore unheard of the aforesaid Edward Wightman appearing before the aforesaid Reverend Father and other Divines and Learned in the Law assisting him in Judgment the aforesaid Wicked Crimes Heresies and other detestable Blasphemies and Errors stubbornly and pertinaciously knowingly maliciously and with an hardened Heart published defended and dispersed by definitive Sentence of the said Reverend Father with the Consent of Divines Learned in the Law aforesaid justly lawfully and Canonically against the said Edward Wightman in that part brought stands adjudged and pronounced an Hereâick and therefore as a diseased Sheep âut of the Flock of the Lord lest our âubjects he do infect by his Contaâion he hath decreeed to be cast out ând cut off Whereas therefore the Holy Mother-Church hath not furâher in this part what it ought more âo do and prosecute the same Reveâend Father the same Edward Wightman as a Blasphemous and Condemâed Heretick hath left to our Secuâar Power to be punished with Conââign Punishment as by the Letters Patents of the aforesaid Reverend Father the Bishop of Coventry and Lichfield in this behalf thereupon made is certified unto us in our Chancery We therefore as a Zealot of Justice and a Defender of the Catholick Faith and willing that the Holy Church and the Rights and Liberties of the same and the Catholick Faith to maintain and defend and such like Heresies and Errors every
where so much as in us lies to âoot out and extirpate and Hereticks so convict to punish with Condigâ Punishment holding that such an Hâretick in the aforesaid Form Conviââ and Condemned according to thâ Laws and Customs of this our Kingdom of England in this part accustomed ought to be Burned with Fireâ We command thee that thou cause the said Edward Wightman being iâ thy Custody to be committed to the Fire in some publick and open Placeâ 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. â 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 âhereas the King 's Majesty hath reâved that the Earl of Somerset and âe Countess his Wife lately indicted âf Felony for the Murder and Poyâning of Sir Thomas Overbury then âs Majesties Prisoner in the Tower âall now receive their Lawful and âublick Tryal by their Peers immeâately after the end of this present âaster Term. At the Tryal of which âoble Personages your Lordship's âresence as being a Peer of the Realm ând one of approved Wisdom and Inâgrity is requisite to pass upon them âhese are to let your Lordship understand that his Majesties Pleasure ââ and so commandeth by these our Leâters that your Lordship make youâ repair to the City of London by thâ Eleventh day of the Month of Mââ following being some days before thâ Tryal intended at which time youâ Lordship shall understand more of hiâ Majesties Pleasure So not doubtinâ of your Lordships Care to observe hâ Majesties Directions we commit yoâ 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 âhe Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset the Countess having received the King's Pardon âT may please your Grace my Lord High Steward of England and you ây Lords the Peers You have here âefore you Robert Earl of Somerset ââ be Tried for his Life concerning âe Procuring and Consenting to the âoysoning of Sir Thomas Overbury ââen the King's Prisoner in the Tower âf London as an Accessary before the âact I know your Honours cannot beâold this Noble Man but you must âemember the great Favours which âhe King hath conferred on him and âust be sensible that he is yet a Memâer of your Body and a Peer as you âre so that you cannot cut him off ââom your Body but with grief and âherefore you will expect from us that give in the King's Evidence sound ând 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 greatâess of it but rather contrariwise to âew that a great Offence needs a âood Proof And that the King howâever he might esteem this Gentleâan heretofore as the Signeâ upon his âinger to use the Scripture Phrase âet in such a Case as this he was to âut it off Secondly I will use some few words âouching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And Lastly I will produce the âroofs either out of Examination ând matters of Writing or Witnesses âiva voce For the Offence it self it is of Crimes âext unto High Treason the greatest is the foulest of Felonies It hath âree Degrees First It is Murder by Impoysonment Secondly It is Muâder committed upon the King's Prisoner in the Tower Thirdly I might say it is Murder under the colour â Friendship but that it is a Circumstance Moral and therefore I leavâ that to the Evidence it self For Murder my Lords the firââ Record of Justice which was in thâ World was Judgment upon a ãâã 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 oâ the World yet there was a severâ Charge given that it should not gââ 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 pecâatum 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 intoxicaâed 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 âut is comforting of Nature with Reâection 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 âhe 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