what impeachment is it to the Justice of any Judge although his sentence be revoked and and a contrary sentence given by another Judge when the parties between whome the suite is either cannot or through negligence or collusion will not alleadge or make such proof before him the first Judge as they might but afterwards before the second Judge good and sufficient proof is made a matter which falleth out every day here in England in every Civil and Ecclesiastical Court upon Appeal made from one Court to another and the like falleth out in all other Countries and yet the former Judge whose sentence is reversed thinketh not himself any whit impeached of injustice thereby That the absurdities which would ensue may by example more plainly appear if the Law should not be as we say Put this Case a Widdower in the Confines of England towards Scotland marrieth a Wife in a Parish Church publickly in the presence of a hundred Witnesses and afterwards they live together by the space of a year and have a Child at the years end upon some discontentment they both being disirous to be ridd the one of the other the woman in England sueth her Husband to be divorced from him pretending that at such time as he married her he had another wife living and produceth witnesses which prove that he had married another wife before he married her and peradventure make some probable shew that that wife was living when he married his second wife who in truth was dead before as the man could have plainly proved by twenty witnesses if he had listed Notwithstanding the husband being willing to be ridd of his wife either would not plead that his former wife was dead or else would not make any proof thereof Whereupon the woman obtaineth sentence against the man whereby the Marriage between them two by this Collusion and errour is pronounced void from which sentence there was no Appeal or provocation Now within a Month after this Divorce this man goeth into the Confines of Scotland not Ten Miles from the place where he and his divorced wife formerly dwelt and there he marrieth another woman being ignorant of the former wife and Collusory Divorce and there Cohabiteth and dwelleth with her This woman shortly after understanding of the premises and that she could not be his lawful wife but lived in Adultery with him desireth before the Judge in Scotland under whose Jurisdiction they both dwell to be devorced from him and to be delivered from her Adulterous living with him and offereth to prove all the Premises most manifestly were it not now a most absurd and abominable thing that this woman should have no remedy any where but be inforced to live still in Adultery with this man because the sentence of divorce was given by a Judge in England pronouncing the marriage between the man and his second wife to be void whereas it can be most manifestly and apparently proved that the first wife was dead before his second Marriage and so the sentence was given against the apparent Truth And what impeachment of Justice can this be to the Judge in England before whom it was never proved that the mans first wife was dead to have his sentence reversed upon new proofs made before the Judge in Scotland Now between the Ladies Case and this Case there is no difference in truth of matter and point of Law only by reason of the multitude of the witnesses the nearness of the time and place when and where these things in this Case were done the truth whereof may more easily and readily be proved than in the Ladies Cause it can though with more difficulty the cases are all one If any man shall yet doubt whether this cause can be heard and determined by the Ecclesiastical Courts in England it is desired that Sir John's Councel considering the Marriage was made here in England and the Lady and Sir John do both dwell here and by Law Sir John is not compellable to appear in any other place than in England for this matter I would tell before what Judge this matter should be heard and determined for it is to be presumed that when two persons live in Adultery together and so in continual sin and the one of them seeketh redâ—ess and to be freed from that sinful and Adulterous Life no man will say that he or she shall be compelled to live notoriously in Adultery still and have no Judge at all to separate them and remedy this enormity If further doubts be made how where or in what manner proof shall be made in this Cause It is said that this Question doth not concern the Question what Court or or before what Judges the Cause shall be heard and determined But to this it is answered That the Proofs shall be made in such manner as they be ordinarily in all other Cases that is by the answers of the contrary part upon Oath by such witnesses as they can procure voluntarily to come before the Judges here from whence or out of what Country soever they can procure them If they will not come voluntarily then if they be within the Jurisdiction of the Judge and the Party producent think so good he shall have process to compel them to come before the Judge if they dwell so far off as that it will be too chargeable to bring thâ—m before the Judge then a Commission shall be granted to some Commnsioners to examine them near the places where they dwell and this if they dwell within the Judges Jurisdiction but if the witness dwell out of the Juâ—ges Jurisdiction in any other place Realm or Country then the Judge of the Cause may direct requisitory to the Judges of the places or Countries where the witness dwells to intreat them to examine the witness remaining there by their Authority and to send them depositions to the Judge of the Cause Also by the Records of other Courts or any other Instruments or Writings which may any way further the Cause these being the ordinary and usual courses used for makeing of Proof in every Cause every day and will not be denyed by any acquainted with the proceedings in any Ecclesiastical or Civil Courts Anno Dom. 1611. An. Reg. Jac. 9. The Commission and Warrant for the Condemnation and burning of Bartholomew Legatt who was burnt in Smith-feild in London 1611. for Heretical Opinions JAmes by the Grace of God King of England Scotland France and â—reland defender c. To our right Trusty and well beloved Councellor Thomas Lord Elsmere our Chancellor of England Greeting Where the Reverend Father in God John Bishop of London haveing judicially proceeded in a Cause of Heresy against Bartholomew Legatt of the City of London in the Diocess of the Bishop of London concerning divers wâ—cked Erours Heresies and Blasphemous Opinions holden affirmed and published by the said Bartholomew Legatt and châ—ifly in these thirteen Blasphemous Posâ—â—ons following viz. That the Creed called the
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 â—e Nicolaitaines 7. That he the â—id Edward Wightman is that Proâ—het spoken of in the Eighteenth of â—euteronomy in these words I will â—ise them up a Prophet c. and that â—at place of Isaiah I alone have troden â—e Wine-press and that that place â—hose Fan is in his hand are proper â—d personal to him the said Edward â—ightman 8. And that he the said â—ightman is that Person of the Holy â—host spoken of in the Scriptures â—d the Comforter spoken of in the â—xteenth of St. John's Gospel 9. And at those words of our Saviour Christ the Sin of Blasphemy against the â—oly Ghost are meant of his Person â—â— And that that place the Fourth â—â— Malachy of Elias to come is â—ewise meant of his Person 11. That â—e Soul doth sleep in the Sleep of â—e First Death as well as the Body â—d is mortal as touching the Sleep â—e first Death as the Body is And â—t the Soul of our Saviour Jesus â—rist 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 â—he said Edward Wightman hath before the said Reverend Father as alâ—o before our Commissioners for Cauâ—es Ecclesiastical within our Realm of England maintained his said most â—erilous and dangerous Opinions as â—ppeareth by many of his Confessions â—s also by a Book Written and Subscriâ—ed by him and given to us for the which his damnable and heretical Oâ—inions he is by Divine Sentence declared by the said Reverend Father â—he Bishop of Coventry and Lichfield with the Advice and Consent of Learned Divines and others Learned in â—he Law assisting him in Judgment â—ustly 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 â—he 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 â—ccording to the Tenor in these presents ensuing And these presents shall â—e 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 Hereâ—ick and therefore as a diseased Sheep â—ut of the Flock of the Lord lest our â—ubjects he do infect by his Contaâ—ion he hath decreeed to be cast out â—nd cut off Whereas therefore the Holy Mother-Church hath not furâ—her in this part what it ought more â—o do and prosecute the same Reveâ—end Father the same Edward Wightman as a Blasphemous and Condemâ—ed Heretick hath left to our Secuâ—ar Power to be punished with Conâ—â—ign 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
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 secuâ—ar 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 â—Ames by the Grace of God King of England Scotland France and â—eland Defender of the Faith c. To our Right Trusty and Right â—ell-beloved Councellour Thomas â—ord Ellesmere our Chancellour of â—ngland Greeting Whereas the Reâ—erend Father in God Richard Biâ—op of Coventry and Lichfild Having â—diciously proceededf in the Examinaâ—on Hearing and Determining of a Cause of Heresie against Edward Wightâ—an of the Parish of Burton upon â—rent in the Diocese of Coventry and â—ichfield Concerning the wicked Heâ—sies of the Ebionites Corinthians Vaâ—ntinians Arrians Macedonians of â—imon Magus of Manes Manichees of Photinus and Anabaptists and 〈◊〉 other Heretical execrable and unheard of Opinions by the Instinct 〈◊〉 Satan by him excogitated and holden viz. 1. That there is not the Trinity 〈◊〉 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