of the same by the Priest are inventions of Men and but Ceremonies as well as the other Heyl. 196. This was a Contract but no Matrimony Of Pulcheria Sister to Theodosius the Emperour married to Martianus Of the Lady Etheldred married to two Husbands The Lady Amigunda married to the Emperour Henry the Second The Lady Editha to Edward the Confessor The Lady Ann of Cleve to Henry the Eighth all married by the Priest but not by their Husbands Zonaras reports That the Empire being in great danger by reason of Wars with the Goths Pulcheria on consideration that there was necessary to be chosen some able person to be Emperour against them Theodâ—sius being dead without any Son and Martianus an old experienced Captain being taken to be the fittest for that purpose he was chosen Emperour by the order of Pulcheria the Sister of Theodosius and to give him the greater Authority Pulcheria assented to marry him on security given by him that they should both live Chast and he suffer her to continue in Virginity on which they were married and they both faithfully observed their agreement of Chastity This Lady made a very repugnant Vow to live a Nun yet to marry therefore I think her Vow doubly unlawful first as to her self if young open to a necessary temptation and then as to her Husband though an old Soldier to a probable one Mr. Ricaut Turk Hist p. 72. Saith Ghear Han Sultan That Ghear Han Sultan Daughter to Sultan Ibrahim hath had already five Husbands yet continues a Virgin Etheldred Etheldred was the Daughter of Anna King of the East-Angles she was married to two Husbands one after another yet continued still a Virgin and at last became a Nun and was Canonized a Saint under the name of St. Audry Amigunda Henry the Second Emperour having married Amigunda the Daughter of the Count Palatine of Rhine they lived most Chastly both of them observing voluntary Virginity without having any carnal knowledge one with the other It is reported that being accused of Adultery she purged her self by going bare-foot upon plates of fiery hot Iron and that the Emperour was Penitent for exposing her to such danger being so Chast and Vertuous a Woman she was very much beholding to him to deny to Husband her himself yet quarrel so far as to suspect her of another Edward the Confessor married Editha the beautiful and indeed vertuous Daughter of Earl Godwin Editha and because he had taken displeasure against the Father he would shew no kindness to the Daughter he made her his Wife but conversed not with her as a Wife but only at Board and not at Bed or if at Bed no otherwise than David with Abishag and yet was content to hear her accused of incontinency whereof if she were guilty he could not be innocent and he not only entertained such thoughts of his Wife but the like accusation against his own Mother Queen Emma of unchast familiarity with Alwin Bishop of Winchester and suffer'd her to be put to her purgation of fire Ordeal by passing over Nine red hot Plow-shares bare-foot which she all escaped to the astonishment of the beholders and thereupon was adjudged Innocent though there might be much jugling in those Tryals but whether there were so or not it became not a Son to divulge the shame of his Mother It seems he was Chast but without discretion and not without injury to his Wife and impiety to his Mother Bak. Hist 18. Ann of Cleve The same dealing had the Lady Ann of Cleve who was married to Henry the Eighth who lay by her six Months yet left her a Virgin And when her Ladies who attended her said they looked now every day to hear of her being with Child to whom she reply'd They might look long enough unless saying How dost thou sweet-heart Good-morrow sweet-heart and such like words could make a great belly for said she more then this never passed between the King and me Bak. Hist 288. I hope therefore none of our Protestant Ladies will believe this wicked Doctrine of Pope or Turk That Consensus non Concubitus facit Matrimonium if they do we shall have no young Souldiers to fight against either Of the Custom of desertion of Virgins after deflouring Of the desertion of the Lady Lucy by Edward the Fourth for the Lady Elizabeth Grey and the infelicity followed thereon to them and their Children Of the like desertion by a Gentleman in Ireland after the birth of a Child Of the ancient Form of Marriage-Contracts Se post concubitum non deserturum now repugnantly turned into verba de praesenti Of Seditions and Civil Wars raised for the said Crime of Desertion Of the Law giving liberty of Temptation of a Minor married to an Husband of desertion of her Husband after carnal knowledg and to take a richer A relation of the same practised in Scotland Of the Law tempting Women to desert their Husbands by giving more Alimony then the Portion Desertion of the Lady Lucy by Edward the Fourth There being a Marriage in Treaty between Edward the Fourth King of England and the Lady Bona Sister to Carlot the French Queen the King happen'd to fall in love with the Lady Elizabeth Grey the Widow of John Grey who in the Civil War between the House of Lancaster and York was his Enemy and died in Battel at St. Albans against him the old Dutchess of York his Mother was very eager for the French Match but however desired if that did not please him and he would needs marry one of his own Subjects he should rather marry the Lady Elizabeth Lucy whom he had a little before inticed to his Bed which was a Marriage before God and better then the Lady Elizabeth Grey who was the relict of another Man and his Enemy too and thereupon she instigated the Lady Elizabeth Lucy to claim a Praecontract of him which Lady though set on by the King's Mother and others yet when she was solemnly sworn to speak the truth she confess'd to this effect That he never in direct express words made any Promise or Contract to her of Marriage but he spake so loving words unto her that she verily hoped he would have married her and that if it had not been for such kind words she would never have assented he should have lain with her on which pretence the flattering Bishops as though all Impediments were removed by the not proving any express or formal words of Contract though the real Contract of lying with her was apparant to please the King gave him their allowance That he should please his second Fancy and not to be tied to his first And he accordingly married Elizabeth Grey according to the Ecclesiastical Law Consensus non Concubitus facit matrimonium Which Repudiation of the Lady Lucy was certainly as much against the Law of God as the Bill of Divorce by the Law of Moses was against
by her assent the Emperor is endeavour'd to be stoned by the people in hatred of his Concubine Zoe pacifieth the people Ib. Impotency and Sterility is a cause of Divorce The Law of Solon allowed Impotency in the Man or Sterility in the Woman to be a good cause of Divorce Plutarch in Solon vid. Aust contra c. because then old Folks might not Marry Such was the modesty of ancient times in Rome that from the first foundation of the City for the space of Five Hundred and Twenty Years there happened no Divorce between a Husband and Wife Val. Max. l. 2. cap. 1. And the first who began it was Spurius Carbillus who put away his Wife for Sterility which though it seem'd a tolerable cause yet wanted not reprehension from divers who thought the Conjugal Faith ought to overweigh the desire of Children Anno 631. Dagobert the great King of France repudiated his first Wife for Barrenness and Marrieth Nantildis a Nun Amandus a Bishop reproves him and he banisheth the Bishop afterwards having a Son he revoketh the Bishop to baptize him Calais Anno Christ 1263. The Queen of Bohemia being old and Barren the King intendeth a Divorce she layeth the fault on him he maketh her this offer That she should appoint him a Maid and if he got her not with Child in a Year he would be reputed faulty the Queen accepteth it and in Ten Months he hath a Son and afterwards divers Daughters She is Divorced and Marrieth Kum Grand Daughter to the Duke of Muscovia Chron. Boh. Regner King of Denmark Anno 820. marrieth Langertha a Warlike Woman of Suevia and had by her Fridlanus and two Daughters Crom. After he Repudiateth Landgertha for the inequality of the Match and Marrieth the Daughter of Hezotus King of Suevia by whom he had many Sons Crom. Anno 1354. Peter King of Spain repudiateth Blanch Daughter to the Duke of Bourbon and Marrieth Jean de Castro Histor Hispan Anno 1373. The King of Portugal refused a Match in Castile and taketh a Nobleman's Wife and banisheth him his Subjects are discontented with him Hist Hisp Anno 696. Pepin King of France repudiated his Wife and married Alpaida his Concubine by whom he had Charles Martell and he kill'd Lambert Bishop of Thuring for reproving his Marriage Am. Fris. Anno 576. The Wife of Chilperic King of France was divorced and thrust into a Monastery for being Godmother to her own Child Truon Charles the Eighth of France was Espoused to Mary the Daughter of Maximilian Maximilian marrieth Ann the Daughter and Heir of the Duke of Britain by Deputy The King of France repudiates the Daughter of Maximilian and marries the Daughter of the Duke of Britain Luis the Twelfth of France repudiates his Wife and marries Ann his Predecessor's Widow Anno 1333. The Marquess of Misnia having married Judeth the Daughter of the King of Bohemia the Emperor causeth the Marquess to repudiateher and marry his Daughter The King of Bohemia taketh divers places in Misnia and giveth Judeth to John Son of the French King Dub. The Arch-Bishop of Gnesna in Polonia forced Married Priests to be Divorced from their Wives Alsted Anno 1218. Lewis the Seventh King of France having married Elianor Daughter and Heir of William Duke of Guyen and having two Daughters by her notwithstanding divorced himself from her on pretence they were Couzins in the fourth degree She was after married to Henry the Second of England who had by her Five Sons and Three Daughters and was she who revenged her self on Rosamond though not in so high a degree injurious to her as Adela the Daughter of the King of France affianced to her Son Richard who was after King was suspected to be of whom it was commonly reported That her Husband was so far inamor'd that he having Committed Elianor to Prison resolved to be divorced from her and marry Adela Bak Hist 55.59 King John having maâ—ried Avice Daughter and Heir of Robert Duke of Gloucâ—ster having no Issue by her divorced himself from her alledging that she was his Couzin in the third degree Juan Daughter of Edward the First for her Beauty called the fair Maid of Kent was married first to William Montacute Earl of Salisbury and from him divorced but it appears not for what cause and was after married to Sir Thomas Holland in her right Earl of Kent and Father of Thomas and John Holland Duke of Surrey and Earl of Huntingdon and lastly she was Wife of Edward of Woodstock the black Prince of Wales and by him Mother of the infortunate King Richard the Second Henry the Eight married first Katharine Daughter of Ferdinando King of Spain the relict of his older Brother Arthur and was after Twenty Years marriage and the Birth of his Daughter Mary after Queen of England by her divorced from her on the opinion of some Divines that it was not lawful for him to marry his Brother's Wife and having successively married two other Wives after their death he married his fourth Wife Ann Sister to the Duke of Cleave she lived his Wife six Months and then was likewise Divorced Civilians Canonists Divines Lawyers and one Pope against another Aliment of Children and all by the Ears about Divorce and unless as we ought we wholy consult the Moral Law of God there is not a word of sence in the Laws of men but they are all for gain As Desertions and Divorces of Mothers without cause have been too frequent both amongst Gentiles Jews and Christians so likewise is the Desertion and not giving Aliment to Children Aristotle stain'd his Philosophy with the bloody Doctrine of exposing Infants The Chinoys who are poor think it Charity to strangle their Infants and save their Aliment Fornicators make it their custom to deflour Virgins and get them with Child and then illegitimate and desert both Mother and Child to save the charge of Aliment And oh horrid amongst Christians who le Parishes rise with Swords and Staves against one poor Sucking Babe to exterminate both it and the Mother naked and to be Vagabonds to beg steal or starve only to save so small an Alms as Aliment to one poor Infant not able to speak or beg for it self It is related by Travellers that some Indians use when a Child is born if it take not to suck the Dug of the Mother well they carry it out of the House and hang it naked on a Tree and leave it there returning themselves into the House after a while they go out again and bring in the Child and offer it the Teat if it take it not they carry it the second time and let it hang twice as long and fetch and offer it the Teat again if it take it not then they hang it on the Tree the third time and leave it hanging till it dies God made man righteous and writ the Moral Law in his heart but since the Devil hath seduced him to the Ceremonial he is become
his direct Judge next the Pope and without Consent of his fellow-Bishops who then all arose and humbly desired the Kings Clemency in his behalf but finding him Resolute they took away their fellow-Bishop from the Bar and delivered him to the Custody of the Arch-Bishop of Canterbury till some other time the King should appoint for his answer to what he was charged withal Shortly after he was again taken and Converted as before which the Clergy understanding The Bishops rescue a Traitor-Bishop from the Bar of Justice the Arch-Bishop of Canterbury York and Dublin and Ten other Bishops all with their Crosses erected went to the place of Judgment and again took him away with them Charging all men on pain of Excommunication to forbear to lay violent hands on him with which audacious Act the King was much displeased and presently Commanded inquiry to be made Ex officio Judicis Concerning those objections against the Bishop whereto he Refused to appear and answer and he being found Guilty of the same Judgment was passed against him as Contumaciously absent and thereupon all his Goods and Possessions were seised into the Kings hands this Act Lost him the Clergy and added Power to the Discontented Party which by Reason of the misfortunes of the Prince and his having advanced unpopular officers As Gaveston and Spencer were grown in the people and Concurred to his after Deposeing from the Throne and horrible Murder when Deposed Hence may be very well observed in what a sad Condition a Prince is who must Depend on the Protection of Bishops and their Excommunications And how shamelesly notwithstanding they will boast that no Bishop no King For here are France and Scotland Confederated against the Kingdom the King is valiant but young and unexperiensed his Bishops and Barons are Corrupted against him by French Pensions and cause the Overthrow of his Army he discovers one of the Bishops guilty of the Treason and had he not been Rescued by the other Traytor-Bishops his Companions he might perhaps have discovered the whole Plot and all his Complices The King very Justly Sentences him both as Mute and Contumaciously absent and seises on his Estate as forfeit What more Just proceeding than this here is no condemning without Liberty of Answer and Hearing yet this must lose the King all the Arch-Bishops and Bishops in England and Ireland and all the Clergy of both Kingdomes who received Ordination from them And they will no longer be his subjects unless he will allow them to betray and sell him to his Enemies and not Punish or question the Treason But all concur to irritate the Temporal Barons the people and his own Trayterous Queen to depose and destroy him And the Bishop of Hereford Preaching before her took this Text My Head aketh my Head aketh and thence drawes this wicked Doctrine and Use to a wife that she must cut off her Husbands Head who was her Head and when after the King was deposed and his son chosen the Arch-Bishop of Canterbury Preached in Westminster-Hall on this Text Vox Populi Vox Dei to encourage the people in the Treason which was after perfected by his horrible murder in Prison The next Consideration will be how this might have been prevented by his Renowned Father who was of such Wisdome Vigilance and Valour as neither Gaveston nor Spencer nor Bishops Dared to abuse if he had suspected they would have practised such Treachery against the younger yeares of his son Concerning which it seemes he was able and might have easily prevented it had he not Committed two oversights the one was That he only Banish'd Gaveston and had not cut off his head if he had deserved it for assoon as he was dead Gaveston returned again and corrupting the young King was the first occasion his Enemies made Use of to cast the vices and misgovernments of his Favorites on himself It may be here objected That perhaps though Gaveston was a wicked vitious person yet he might not be Guilty of any Crime for which he might be lawfully put to death To which is answered That it possibly might be so though it be not likely And if he were not Guilty of such a Crime he ought not to have been put to Death for a Throne cannot be Established by shedding Innocent Blood But neither he nor his son needed to have been Guilty of it for his son needed not have sent for him Contrary to his Fathers Command and though he incurr'd that fault the Lords cut â—ff his Head who must answer for it and freed him from the Guilt and danger of him The second oversight was of more weight that was When he made an Act against Mortmain for the future he had not taken away as H. 8. after did all that was before Mortmained And when he took the Moiety of the Reverend Fathers Money and Goods he had not taken all and when he Lopt the Branches of Privileges and Jurisdictions of Bishops and other Ecclesiasticks he had not took both Root and Branch For it is as lawful to take present Mortmaines as 't is to prohibit Future And if lawful to take the Moiety it was lawful to take the Whole And if lawful to take the Branches it was as lawful to take the Root of Hierarchy which if he had done This clear Benefit he had Received by it he had left his son secure from any Spiritual French Pensioners who are the most Dangerous sort of all other And the Temporal Barons could not have had without them so great and specious advantages to have Betrayed him 2 He had freed him from such Audacious Traytors as would Rescue their fellowes from the Bar of Justice which Temporal Barons never dared do 3 He had fâ—eed all his successors who should happen to be superstitious from having Rebellions raised against them and themselves Deposed by Excommunication by abolishing Bishops and their ordination which had been an advantage none of his neighbour Emperours or Kings could hitherto ever obtain nor if Bishops had been taken away Episcopal or Ecclesiastical Government by halves though it was sufficient to abate their Power as to himself it was worse for his Son than if he had done nothing at all for he thereby left Bishops and a Clergy full of Rancour in their minds for those blowes they had been beaten with by the Father which though they dare not revenge themselves on him yet did they on his Son to his destruction and though there never had been a Gaveston or a Spencer would have found other pretences enough for their Treasons which they could not have done had he cleane abolish'd them and not left a See for a Bishop to fit in Arch-Bishop threatens to Excommunicate Edw. 3. Edward the Third being with his Army in France and disappointed of his Supply of Treasure upon his last Return into England had in great displeasure Removed his Chancellor and Imprison'd his Treasurer with other Officers most of them Clergy men