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
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
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 â—s well of Mercy as Justice are wont â—nd ought to flow from the King's Throne of which the former of Juâ—tice in the memorable Case of the Death and Murther of Sir Thomas Oâ—erbury in a constant and right Course â—ath flowed and is derived from us â—nd our Royal Court for the full Saâ—isfaction of our selves and Subjects And whereas divers and manifold Causes of our Clemency occur which â—ay move our Regal Mercy towards Fr. Carre late Countess of Somerset â—hiefly that Murther with so many â—nd such examples of Justice before this â—ime 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 â—â— her Imprisonment but also publicklâ— and in her Trial And forasmuch aâ— Lord Ellesmere our Chancellor â—â— England and being our High Steward of England in that behalf and aâ—â— 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 weighâ—ing 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 Oâ—erbury 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 â—hall stand and be good firm valid sufficient and effectual in the Law and from henceforth shal by no means beâ—ome void and that in time to come â—he said Frances by any means shall not be Indicted Arrested Accused â—exed or troubled of for or concernâ—ng the Death Murther Slaughter Poysoning Bewitching Felony or â—elonious Killing of the aforesaid Sir Thomas Overbury howsoever or by whatsoever means the said
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 Admiralâ—y 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 â—erchandize 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 Dorseâ—shire 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 naâ—igation 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 Piâ—ts Mariners and all other sort of â—ea-faring men who now are in the â—artial service of any foreign State â—at they do presently return home inâ—o their own Country and leave all â—ch foreign services and betake themâ—lves to their vocation in the lawful â—ourse of merchandize and other orâ—erly Navigation upon such pains and â—unishments as by the Laws of our â—ealm may be inflicted upon them if â—fter this Declaration of our pleasure â—hey shall not obey And We do also â—pon the same pains straitly charge and â—ommand all our Subjects of that profesâ—on that none of them shall from henceâ—orth take Letters of Mark or Reprisal â—r serve under
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
where so much as in us lies to â—oot out and extirpate and Hereticks so convict to punish with Condigâ— Punishment holding that such an Hâ—retick in the aforesaid Form Conviâ—â— 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 â—hereas the King 's Majesty hath reâ—ved that the Earl of Somerset and â—e Countess his Wife lately indicted â—f Felony for the Murder and Poyâ—ning of Sir Thomas Overbury then â—s Majesties Prisoner in the Tower â—all now receive their Lawful and â—ublick Tryal by their Peers immeâ—ately after the end of this present â—aster Term. At the Tryal of which â—oble Personages your Lordship's â—resence as being a Peer of the Realm â—nd one of approved Wisdom and Inâ—grity is requisite to pass upon them â—hese are to let your Lordship understand that his Majesties Pleasure â—â— and so commandeth by these our Leâ—ters that your Lordship make youâ— repair to the City of London by thâ— Eleventh day of the Month of Mâ—â— 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 â—he Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset the Countess having received the King's Pardon â—T may please your Grace my Lord High Steward of England and you â—y Lords the Peers You have here â—efore you Robert Earl of Somerset â—â— be Tried for his Life concerning â—e Procuring and Consenting to the â—oysoning of Sir Thomas Overbury â—â—en the King's Prisoner in the Tower â—f London as an Accessary before the â—act I know your Honours cannot beâ—old this Noble Man but you must â—emember the great Favours which â—he King hath conferred on him and â—ust be sensible that he is yet a Memâ—er of your Body and a Peer as you â—re so that you cannot cut him off â—â—om your Body but with grief and â—herefore you will expect from us that give in the King's Evidence sound â—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 greatâ—ess of it but rather contrariwise to â—ew that a great Offence needs a â—ood Proof And that the King howâ—ever he might esteem this Gentleâ—an heretofore as the Signeâ— upon his â—inger to use the Scripture Phrase â—et in such a Case as this he was to â—ut it off Secondly I will use some few words â—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 â—roofs either out of Examination â—nd matters of Writing or Witnesses â—iva voce For the Offence it self it is of Crimes â—ext unto High Treason the greatest is the foulest of Felonies It hath â—ree Degrees First It is Murder by Impoysonment Secondly It is Muâ—der 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 firâ—â— Record of Justice which was in thâ— 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 oâ— the World yet there was a severâ— Charge given that it should not gâ—â— 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 pecâ—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 intoxicaâ—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 â—ut is comforting of Nature with Reâ—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 â—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
Sir Thomas Overbury came to his End The Statute of the Sovereign Lord Richard the â—econd Late King of England in the Thirteenth Year of his Reign or any other Statute Act Ordinance Proâ—ision Restriction to the contrary â—hereof notwithstanding In Testimoâ—y whereof c. Witness c. Francis Bacon Anno Dom. 1621. An. Reg. Jac. 19. An Order of the Privy Council Whitehall January 18. 1621. Present Lord Keeper Lord Treasurer L. President L. M. Hamilton Earle Marshall L. Vis Falkland Lord Digby Lord Brook Mr. Treasurer Mr. Secret Calvert Mr. Câ—anc Excheq Master of the Rolls Whereas his Majesty is Graciously pleased to enlarge and set at Liberty the Earl of Somerset and his Lady now Prisoners in the Tower of London â— and that nevertheless it is thought fit that both the said Earl and his Lady be consined to some convenient place It is therefore according to his Majesties Gracious Pleasure and Command Ordered That the Earl of Somerset and his Lady do repair either to Grayâ— or Cowsham the Lord Wallingford's Houses in the County of Oxon and remain confin'd to one or either of the said Houses and within three Miles compass of either of the same until further Order be given by his Majesty The Duke of Buckingham ' s Answer to the Spanish Ambassador's Informations c. Anno Dom. 1624. in the 22d of King James From the Original written by Sir Edward Coke's then Attorney General own Hand MY Master 's known Wisdom Justice and constant Favour towards me attended with Confidence in my own Faith and Innocency may make it seem both needless and unfit by any Defence to shew respect to a Libellous Information which reflecteth wholly upon the Author's Dishonour For who will not abhor this deplored Art of Calumniating boldly Because no Aspersion how false soever can be wash'd off so clean but some discolouring will remain Besides tho' Conspiracy be a Work of Darkness hardly to be cleared because in it Suspitions go for Proof yet my Youth and manner of Life and even that Character of Irregular Freedom which the Accusers set upon me will by Caesar's known Judgment acquit me thereof And therefore if my Personal Disgrace or Danger were the Marks they aim at I would stand or fall by his Knowledge of me who hath made me what I am and hath both Right and Power to unmake me at his pleasure But as that Wife King well understood that when his Brother demanded the Shunamite he sought not her but the Kingdom so his Majesties piercing Judgment will discover my Name to be the Mask Himself his Royal Children and his Kingdomes to be the true Subjects of this practicing Complaint And tho' the Particulars thereof are forged partly by Jesuites and their Factions at Home and partly by corrupt Ministers and Emissaries Abroad yet the Workmen that manage them are Publick Ministers of State of whose Offices and Sway amongst us we already feel the smart and have cause to prevent the Danger that may ensue especially considering they are Engines of that affected Monarchy which hath inlarged it self by Negotiations more than by Arms And which by advantage of late Treaties hath not lately invaded the Patrimonies of his Majesties Children but procured such Liberty and Connivance with his own Kingdoms as they supposed would produce a Rebellion not to be appeased without the help of their Arms. And since their Designs by God's Providence are now brought to light what could Malice it self have attemped more pernicious than by such Infectious Breaches fury-like to stir Jealousies betwixt the King his People and most obliged Servants and which is more horrible betwixt the Bark and the Tree Nay betwixt the Tree it self and all the Branches thereof Now in respect of these Consequences altho' my Person be of no Consideration and happily by saying nothing or doing easie Offices might redeem their Displeasure Yet where my Duty is so deeply engaged I in my Heart cannot hold and therefore for their Interests for whom by my humble thankfulness and Faith I account the chief Hopes and Fruits of my Life yet so as the World shall bear me Witness I plead my Cause the demonstration that his Majesty commanded these Informations first to be told and then to be written in the Letters they alledge whereby they excuse themselves of being Informers as of a Practise too base for Persons of their Rank But the Truth redoundeth only to his Majesties Honour For as in their Treaties they ever drew us on by making us rich and happy in general Promises so now by such general contriving of strange Conspiracies and Plots among our selves they endeavour to divert us from any further Discovery or Prevention of theirs And this his Majesty perceiving First pressed them to Particulars finding their Verbal Charges uncertain and subject to Inlargment or Restriction at the Peoples Pleasure he then commanded them to be written so as now they are fixed and no more in their Power but may be examined and judged by all men of Understanding to whose Construction and Censure I willingly submit both them and my Answer For what can be the Danger When in the very Entrance of my Accusation they acknowledge that the matters objected against me are not such as may be cleared by Judicial Proofs And must his Majesty then take them merely upon Trust Indeed Ambassadors have an Honourable Trust for their Masters Affairs and if they obtain a like Trust with those Princes to whom they are imployed what will they not persuade Shall not the Restitution of the Palatinate the Marriage and Dispensation and the Portion be made Articles to be added to our Creed But the Original Sin and Root of all Treasons and Offences laid to my Charge is that by eating the forbidden Fruit in Spain mine Eyes have been opened to discover the Evil as well as the Good and so to trust them no further than they deserve And yet I will not here take them too short for they say they have Witnesses but such as for fear of my Power do withdraw themselves such as dare not speak and deliver their minds though commanded by the King and though thereby they suffer the best King in the World to be brought into Extremities and such as neither will nor dare speak if first they be not freed from Jealousie and Fear yet these they pronounce to be his Majesties Most Faithful Subjects Surely of our Faith they cannot be which holdeth them Traytors Faithless and Perjured that prefer not the Safety and Honour of their Prince and Country before the Fear and Respect of any person whomsoever And if this Fear proveth them to be of their Faith how can they think the Entring into the Ambassador's House to be so heinous a matter as here is pretended Doth not all the World know the Liberty they give and which as Papists have taken beyond Examples in this kind They are not then Mass-Papists but perhaps of Higher Rank having Place and Access