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
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