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A49780 Marriage by the morall law of God vindicated against all ceremonial laws of popes and bishops destructive to filiation aliment and succession and the government of familyes and kingdoms Lawrence, William, 1613 or 14-1681 or 2. 1680 (1680) Wing L690; ESTC R7113 397,315 448

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and such of them as have Propriety in Goods and Chattels Tenements and Haereditaments as Bees Ants and Squirrels leaving as they die their Hives and Honey-Hills and Corn-Holes and Nuts to their Descendents to be their Successors The Internal Readers and Witnesses in Man are the Divine faculties of the Soul Sense and Reason one doth Testifie the Fact the other the Law The Internal Judg of the Probation of both is the Conscience The Laws which they read and testifie are written in the Internal Tables of the Heart Christ expresseth the first concerning Marriage in the foresighted Text Matth. 19.5 For this cause shall a man leave Father and Mother and they two shall be one flesh Concerning Filiation the Law of natural affection which is writ in the heart of the Father is mention'd Psal 103.13 As the Father pittieth his Children so the Lord pittieth them that fear him And the Law of natural affection writ in the heart of the Mother is mention'd Isa 49.15 Can a Woman forget her sucking Child that she should not have compassion on the Son of her Womb As to the Law of Aliment written in the heart of the Father it is mention'd Luke 11.11 If a Son shall ask bread of any of you that is a Father will he give him a stone or if he ask a Fish will he give him a Serpent or if he shall ask an Egg will he offer him a Scorpion Lastly as to the Law of Succession written in the heart of the Father whereby all natural Sons succeeded either to the right of Primogeniture or Filial Portions the same runs through all the examples of Jews in Scripture and of Gentiles in Histories This great Law of Nature is acknowledged to be written in the Tables of the Heart by the Scripture it self Rom. 2.14 The Gentiles who have not the Law do by Nature the things contained in the Law these having not the Law are a Law unto themselves which shew the work of the Law written in their Hearts their Conscience also bearing witness and their thoughts mean while accusing or excusing one another So Rom. 1.26 Paul saith Women did sin against Nature Yet was there no Law of Moses nor any Law written by God or Man in Paper and Ink which particularly prohibited them but only that of Nature And that this Law of Nature can neither be changed nor abolished or dispensed with by any humane power is agreed by Philosophers Poets Divines Common and Civil Lawyers and all others except Popes who exalt themselves above God Christ and Nature and all that is called God Lex Naturae neo tolli neo abrogari potest saith Tul. de leg 205. Dionysius when his Mother being an old Woman desired of him he would get her to be married to a young Man He answer'd Kings might overthrow Civil Laws but could not the Laws of Nature Lex humana derivari debet à lege Dei sed eam perfectè persequi non Potest Aquin. Augustin In humanis Legibus nihil est justum nisi ab aeterna lege dirivatur Honesta turpia natura judicanda sunt Tul. de leg 169.6 Hobart's Reports 120. It is acknowledged that all customs and Acts of Parliament against the Laws of Nature are void for Lex naturae est lex legum the Law of Nature is the Law of God and positive Law if contrary or variant from it is the Law of Man Yelverion Justice said When a new Case comes for which there is no positive Law before we do as the Sophonisis and Civilians resort to the Law of Nature which is the reason and ground of all Laws and of that which is most beneficial for the Common-wealth make a Law quod non negatur 8 E. 4. fo 12. Claudius justly reprehends Tribonian That in compiling the Institutes of the Civil Law he omitted the Law of Nature de Ferraiis 552. But the flattering Courtier had he done so knew he must have prefixed another imperatoriam Majestatem and laid other manner of principles then placitum Principis to be the original of right he could not have then divided Title and Jurisdiction with his Master And Jupiter Proclaiming that Deus est imperator in Coelis Imperator est Deus in Terris 'T is well he claims only the Earth for now the Pope claims not only plenitudinem Terrae but Heaven too to sell to his Customers Yet the Civil Law acknowledges the Law of Nature immutable And this point of Marriage and Succession saith Lege duodecim tabularum benè humano generi prospectum est quae unam consonantiam tam in maribus quàm in foeminis Legitimis in eorum successionibus necnon in liberis observandam esse existimavit nullo discrimine in successionibus habito cum natura utrumque corpus ediderit ut maneat suis vicibus immortale alterum alterius auxilio egeat ut uno semoto alterum corrumpatur sed posteritas dum inimica utitur subtilitate non piam induxit differentiam c. Cod. lib. 6. tit 47. l. lege By the Law of the Twelve Tables it is well provided for Mankind that there should be the same rule of Successions for Males and Females and in Children and no difference to be made in their Successions seeing Nature hath brought forth the Bodies of both that they might continue in their course immortal and one need help of another and one taken away the other might be destroyed But later Ages while they use so much subtilty have made an impious difference c. Which is intended between Males and Females in Succession when Lands are Intailed to Heirs Males By which appears what opinion the Civil Law hath of Successions to such Intails to be impious because contrary to the Law of Nature The Civil Law likewise acknowledgeth that Jura Sanguinis nullo jure Civili dirimi possunt and again it follows the Law of Nature in Legitimation Si mulier quinquagenaria partum ediderit an debet hujusmodi soboles suo patri succedere haereditatem ●jus nancisci à Caesariano advocato interrogati sumus sancimus Licet mirabilis hujusmodi partus inveniatur raro contingat nihil tamen eorum quae probabiliter à natura nascuntur esse producta respui sed omne jus quod ex quacunque Lege liberis praestitum est hoc merum atque immutilatum hujusmodi filiis vel filiabus servari in omnibus succ●ssionibus sive ex testamento sive ab intestata Et summatim non absimiles aliis fiant in quos similes natura efficit Cod. lib. 6. tit 47. si major A question is proposed us by the Advocate of Caesar if a Woman above fifty bring forth a Child whether such Issue shall be Successor to the Father in the whole inheritance And we Decree though it be an admirable Case and rarely happens yet we ought not to reject any thing known to be probably produced by Nature but all the right which by any Law is given to
her from her Bond Estate So great a favour obtained Roxolana with great chearfulness began those Meritorious Works by her before intended as if she had thought of nothing but Heaven whereas indeed her thoughts were in the depth of Hell While she had thus a good while busied her self in paving her way to heaven as was thought Solyman not able any longer to forbear the company of her in whom his Soul lived after his wonted manner sent for her by one of his Eunuchs who should have brought her to his Bed-Chamber to whom she with Eyes cast up to Heaven demurely answer'd That her Life and whatsoever she had was at her Dread Sovereign's Command but again to yield her Body to his Appetite she might not do without great offence to the High God and manifest breach of his Laws which permitted her not now voluntarily to yield him that being a Free-Woman which he before might without offence command of his Bond-Woman And because she would not seem to use this as an Excuse she referred her self in all things to the Grave Judgment of the Learned and Revern'd Mufti with whom she before had at full confer'd This she did presuming of the Sovereignty she had over the great Monarch whom she well knew she had so fast bound in pleasing Fetters of his Affection towards her as that she was sure enough of him without a keeper Solyman Ravished with her Love and the more for her denial sent for the Mufti requiring his Judgment in the matter who before instructed in all points agreed with what Roxolana had said aggravating the Heinousness of the Fact if he should proceed to enforce her as his Slave who being now Free he might not without great offence touch unmarried whereupon Solyman more and more burning in his Desires became a fresh Suitor to her for Marriage whom he had so often before Commanded without it which his Suite easily obtained as the mark at which she aimed he with all speed to the great admiration of all men and contrary to the manner of the Mahometan Emperors solemnly Married her by a Priest which like the P●pist's Subsequens Matrimonium tollit Peccatum Precedens Legitimates the Issue born before for which the Ambodexter Priest had no doubt a good Fee both of the Emperor and Roxolana and he gave Roxolana a Dowry of the Yearly Sum of Five Thousand Sultanies per Annum besides which Fees and Dowry and his Patria Potestas of Legitimating his own Issue and Peace of their Families his wiser Predecessors had saved by Marrying themselves privately without a Priest or Temple but all these he lost by it for Roxolana grew now more busie than ever to seek means to destroy the Prince and to that end Ruftan gives the Intelligence to the Governors of Syria That the old Emperor highly suspected the Prince his Son of aspiring to the Empire bearing them in hand that the more suspitiously they writ concerning the Prince the less suspitious the Emperor would be of his Governors whereupon these Governors writing of the Princely Disposition Wisdom Valour and Bounty of the Prince whereby he courted and won the hearts of the Soldiers and People and that it was probable he would at length thereby attain the Empire Rustan not daring to bring any matter on these Letters to Solyman himself brought them always to Roxolana and left the rest to be managed by her cunning and malitious head who taking fit opportunity when Mustapha was talk'd of with Tears trickling down her Cheeks which she could well Command with aggravating these Letters and other matters invented told the Emperor in what Danger he stood recounting amongst other things how Selymus his Father had by such means deprived Bajazet his Grand-Father both of his Life and Empire together and therfore most instantly besought him as though this had proceeded from her tender love by that example to provide for himself But these light matters seem'd to Solyman of no sufficient weight to ground so dangerous a suspition on so that she little prevailed thereby which she well perceiving and grieved at she converted her Cruel mind to other mischievious devices and sought by all means how to Poyson the Innocent Prince neither wanted there wicked Men for Reward ready to have performed all that she desired had not Gods Providence withstood so horrible a Practice for whereas certain Rich Apparrel was by her sent to him in his Fathers name he fearing the worst would not touch it before he had caused it to be wore by one of his Servants by which curious wariness as was thought he at that time prevented the Treason of his wicked Step-dame and discovered her malitious Practice Yet rested she not so but was still Plotting new devices and at last got from the Bassa who attended the Prince certain Letters wherein was contained that there was a Speech of a Marriage between the Prince and the King of Persia's Daughter which thing he thought good to give knowledg of to the Counsel that if any harm should insue thereof he might be out of Suspition with these Letters Roxolana and Rustan go both together to Solyman aggravating the danger of the Ambition of Mustapha who under hand sought Alliance with the Persian the old Enemy of the Ottoman Emperours and that he might by the strength of Persia and the Sanzacks and Janizaries whom he had by large Gifts won to his service deprive him in short time both of Life and Empire and these Accusations they prosecuted with such continued Importunity that they never suffer'd the Old Emperour to live quiet till he resolved to secure his own safety by the death of his Son in this manner Anno 1552. He caused an Army to be Levyed by Rustan in pretence against Persia but indeed to surprize Mustapha and bring him bound to Constantinople and if he could not by any other means to make him out of the way And in the year 1553. Solyman himself in Person marches with the Army against his Son but the Design could not be carryed so private but Mustapha had some intelligence of his Fathers Mortal though undeserved hatred against him Solyman lying Incamped at Aleppo by Message commanded his Son Mustapha to come unto him there This cast Mustapha into great perplexity of mind what to do either to hazard his life by putting himself into his Father Power or by flight or some other way to provide for himself yet trusting to his own Innocence though wonderfully troubled in mind he Resolved though with the extremest danger of his life to obey his Fathers command thinking it more honorable to incur danger of death than living to fall into foul suspition of disloyalty In so great a perplexity of mind after he had with himself much discoursed too and fro what course he were best to take at length he boldly and resolutely asked the Doctor whom as we have before said he had always with him in his Court whether the Empire of the