and no Certificate of Bishops hath power to take that right from them 7. Here the wantonness of Widows is forbidden who are for new Husbands as soon as the old is put in his Grave whereby who are Fathers of their Children is made uncertain 8. Here is no false Fathering of Children on those who are within four Seas 9. Here is no punishing Men twice for one offence once by the Temporal Court and then by the Spiritual Court or contrary punishments by contrary Courts one by the Contentious Court and another by the Penitential Court 10. Here is no Auricular Confession of their Wives or Daughters by Priests in Temples or Chambers and defiling thereby of their Families 11. Here is no punishing of Women for bringing forth Children nor the Murders of so many Infants caused thereby as by the Papist Laws is continually done Yet I conclude though the Law of the Turk is far better than that of the Pope and shall rise in Judgment against such as plant his Canons in their Courts in defiance of the Law of God and Nature I think neither a fit Rule to judge Marriage Legitimation or Succession by CHAP. V. Marriage Filiation Aliment and Succession not to be judged by Ecclesiastical Laws THE Question is Whether Marriage Legitimation and Succession ought to be judged by Ecclesiastical Laws No English Lawyer can mention my Lord Coke without great honour but how he came so biass'd as to endeavour to set up Papal and Episcopal Laws under the name of Regal appears not Object 1 It is objected by Coke lib. 5.1 part 40. in Cawdryes Case That the Kingdom of England is an absolute Monarchy and if the King cannot Authorize by his Commission or Writ Ecclesiastical Judges to determin and judg those great and important Causes of Matrimony Divorce and general Bastardy by Certificate of the Bishop who is the Ecclesiastical Witness and Judg both of Fact and Law and by the Canon Laws which by use and custom are now our Ecclesiastical Laws Then he is disabled to be supreme Governour of this Realm in all Spiritual things or Causes as well as Temporal according to the Oath of Supremacy due to him And that he could not then cause Justice to be administred to his Subjects in these so great and important causes of Matrimony Divorce and general Bastardy on which depends the strength of mens Descents and Inheritances This I conceive though not in the same words yet in sence and substance to be the weight of my Lord Coke's Argument whereby he would make use of Marriage as one means amongst his many other to set up an Ecclesiastical Law and Judg over the Temporal Freeholds and Inheritances and other Birth-rights of the Subjects To which is answer'd First As to the words Absolute and Supream I suppose he intended no such absolute Monarchy or Supremacy as is not under the Law of God though it be not so express'd in the form of the Oath of Supremacy For though Regum timendorum in proprios greges Ecclesiastical Laws not needful to the King's Supremacy but hurtful Reges in ipsos imperium est Jovis then I think he doth not intend it to be above the Law of the Land seeing the King himself by his Oath is pleased to oblige himself to his People to govern according to that Law where it is not contrary to the Law of God Then as to the pretended want of Power of doing Justice concerning causes of Free-hold and Inheritance depending on marriage except by Ecclesiastical Laws and Judges that is very strange for how was Justice done in the times of Primitive Christianity for many Hundred Years after Christ when neither Bishops or any other Ecclesiastical Judges ever pretended Jurisdiction todetermin Temporal Right or Propriety but left the same to be judged by the Imperial Laws How was Justice done in the time of Henry the Second when the Jurisdiction of all Matrimonial causes remained in the Temporal Courts Richard the First his Son being the first as Matthew Paris writes whom the Clergy got by his publick Edict to give the Jurisdiction of Power and Gifts by reason of Marriage and of all Matrimonial causes to the Bishops Courts and the same Richard likewise gave them Jurisdiction of all breach of Faith Promises and Oaths whereby if much of the Power so rashly granted had not been by him so speedily resumed they had hookt to themselves the whole Jurisdiction from the King's Courts of all Contracts and Conveyances Bonds and Obligations as well as Marriages concerning Temporal Goods and Inheritances And why cannot general as well as special Bastardy be tryed at Common Law And how likewise are all Rights depending on all Marriages made during the late Civil Wars by pretence of any Ordinance of Parliament made by 12. Car. 2. cap. 33. to be tryed by a Jury and the Common Law and not by Certificate of the Bishop or any Ecclesiastical Judg to the advancement and not prejudice of Justice and a far greater expedition and advantage to the same would it be if by the like Act the Jurisdiction of all Marriages and Legitimations as it was in the time of Henry the Second were again restored to the Common-Law-Courts So likewise anciently Bastardy alledged in an Action of Trespass was triable by Jury but now usurped by Bishops as well in personal as real Actions 4. Edw. 4.35 Object 2 Coke lib. 5.1 part in the same case of Cawdry it is further alledged Circumspectè agatis gives no Jurisdiction of Marriage to Bishops That the Statutes of Circumspectè agatis made 13. Eliz. 1. of Articuli Cleri made 9. E. 2. Anno Domini 1315. of 15. E. 3. Cap. 6. of 31. E. 3. Cap. 11. give Jurisdiction of marriage to Bishops To which is answer'd That in the Statute of Circumspectè agatis there is not a word mention'd of marriage but only by it Jurisdiction is given to the Bishops of Fornication and Adultery which is not Marriage but rather Anti-marriage for Marriage is an Ordinance of God Fornication and Adultery are Ordinances of the Devil and whereas before the Jurisdiction of Fornication and Adultery as acknowledged by Coke lib. 5.1 part 488. was in Leets under the name of Letherwit or more properly Lecherwit yet had Leets never Jurisdiction of Marriage or Divorce neither consequently could Bishops have it from them As for Articuli Cleri and the other Statutes there is not a word in them concerning Marriage nor so much as of Fornication and Adultery the Jurisdiction therefore pretended was never given by any Statute Linwood likewise expounds the words of the Statute of Circumspectè agatis which gives Bishops Jurisdiction of all deadly Sins as Fornication and Adultery and the like Non intelligas de omni peccato mortali sed de tali cujus punitio spectat merè ad forum Ecclesiasticum nam si de ratione cujuslibet peccati mortalis cognosceret Ecclesia sic periret temporalis gladii Jurisdictio
hath done him one wrong to do him another but in justice to be the readier to make the Father who injured him to make satisfaction by adjudging him right of Aliment and Succession to his Estate for as it is inconsistent with Mercy and the highest Cruelty Afflictionem addere afflicto so is it with Justice because the Coat is taken from an innocent to take his Cloak also or to make one injury done the warrant to do another No such word as illegitimation nor no such deed in the whole Scripture Fourthly Because there is no foundation for this unnatural Cruelty of illegitimation or indeed worse then beastly exposing Children to be destroyed in the whole Scripture neither is there such a word as Bastard in the whole Original Old Testament or New Hebrew Text or Septuagint but the same is falsely Translated by Papists and Bishops to deceive the World as shall be more fully shewn when I after come to the point of false-translation of all words concerning Marriage Fifthly All the examples of Scripture of unlawful Marriages yet Legitimate and make the Children Successors to their Fathers in such unlawful Marriages as Lot begot Moab and Ammon by Incest on his own Daughters yet were Moab and Ammon Legitimate Successors to their incestuous Father Judah begot Pharez by Incest on his Daughter in Law yet was he Legitimate Successor to his incestuous Father David got Solomon on an Adulteress with whom he had committed Adultery in her Husband's life time and kill'd her Husband to obtain yet did not this illegitimate Solomon but he Succeeded to his Father And according to the Law of Anastasius and the Law of God and Nature whether the marriage were lawful or unlawful yet the Law was amongst the whole Nation of the Israelites and Jews That all natural Children were Legitimate Illegitimation of Children shews Fathers worse then Pagans Insidels wild-beasts Monsters Serpents and Succeeded to their Fathers and the same Law was amongst the Aegyptians Athenians Phoenicians Persians Turks Tartars and Mahometans who though Infidels have been better then such counterfeit Christians who make Laws to illegitimate and not provide for their own Children O ye Jews Turks Heathens Pagans Infidels O ye wild Beasts in your Dens O you Serpents in the Desarts Oh ye Monsters in the Sea arise and witness against Popes and Bishops that your Dens Desarts and raging Seas are not such Hells as the Limbus puerorum of illegitimation Did you ever illegitimate your little Ones did ye not labour to provide for your own will you not with invincible Piety hazard your own lives in defence of your young Rise up in Judgment against these Romish wild Beasts Serpents and Monsters far more Cruel Poisonous and Monstrous then your selves who for gain teach to illegitimate starve and Murther their own self-begotten Babes before they can speak deploring their miserable Fate with weeping and wailing to be the Issue of so unnatural and cruel Parents Sixthly I shall only add a word concerning the Original cause which produced this wicked effect of illegitimation of Children which the cursed invention of Intails by the Priest of the Lands of the Husband to the Heirs of the Body of whatsoever Woman he married or certified married to the man whereby as is before mention'd the Priest by Certificate and the Woman by Secrecy had power to make Successors what Adulterous Heirs they pleased and most commonly begotten by the Priest himself to the Husbands Inheritance to cut off these Adulterous Intails the most ancient whereof we read were set up by Cecrops for the Owls of Athens and King Aegeus the natural Father of the famous Theseus was the first who invented Adoption to cut them off and accordingly Adopted his natural Son Theseus who thereby became his Successor to his Kingdom of Athens whereby the Certificate of the Bishop was abolish'd and the Supremacy of the Kingdom taken from the Priest to the King and the free disposing left to Fathers of their Estates to such Children as they acknowledged according to the deserving or undeserving of the Children After this Solon who is thought though not as wise yet to have been as great a lover of women as Solomon and to have been drawn by them into as great Idolatry for Solon as a principal peice of his Government intended to be set up by his Laws as shall be after further touched Consecrated and Founded Priests and a Temple to the Goddess Venus and endowed the same with great Revenues and Privileges and Consecrated a multitude of Curtesans to exercise their Trade and pray for the prosperity of Greece in the same And did what he could to restrain the free liberty of Adoption by Husbands whereby the Ladies were prejudiced in their power of instituting Heirs to their Husbands Estates in as free a manner as their Goddess Venus gave them leave But the more Masculine Princes both of Greece and Rome vindicated their own Power of Adoption both against the Priests and the Ladies And Anastasius without any Formality of Adoption cut off at a stroke all Feminine Intails by making all natural Children as they ought to be Legitimate which continued till as before mention'd the Strumpet Theodora and her Bishops got the Law of Anastasius repealed and Adulterous Intails again set up And the like Law was in England Fathers gave what they were bound by the Law of Nature to give to their natural Children for provision for them and they Succeeded to the same 'till the Bishops for the same ends as the Pagan and Theodoran Bishops did set up Here likewise by the Statute of Westmin 2. Cap. 2. those Feminine and Adulterous Intails have been since endeavour'd to be cut off by Fines and Recoveries But the many Inconveniences of those ways make the Remedy almost as bad as the Disease No remedy but abolishing Intails and restoring the Law of Anastasius To conclude therefore there is no way to prevent the exposing and desertion of Children by Fathers the Adulteries of Mothers and the murders of so many Infants occasion'd by this Diabolical Pontifical invention of Illegitimation as the abolishing all Intails to more Bodies then one and the restoring of that most excellent Law of Anastasius That all natural Children shall be Legitimate and the Innocent Babes be no longer punished and destroyed for the sins of the Parents Of the Law of Consensus non Concubitus facit Matrimonium Of the Pagan Goddess Juno and the Popish Mother of St. Kentigern both got with Child without a Man Of the Lady Ann of Britain married to the bare Leg of the Embassador of the Emperour Maximilian Of the Lady Pulcheria Sister to Theodosius the Emperour married to Martianus the Lady Etheldred to two Husbands the Lady Amigunda to the Emperour Henry the Second the Lady Editha to Edward the Confessor and the Lady Ann of Cleve to Henry the Eighth all married by Priests but not by their Husbands Intention of the mind The
of Libels and Lampoons It increases unlearned Sects and Heresies who if drawn to Print would either not be able to form their Doctrine in Principles or Positions or if they were they would appear so absurd as would be fit to imploy boys to laugh at rather than Doctors to confute Such were Mahomet's whose Alchoran is not therefore suffered to be Printed or Translated 5. It causes the more dangerous way of spreading Heresies both learned and unlearned to be neglected how to prevent which is the secret creeping into private Houses leading Captive silly Women with whom they walk like the Pestilence in the dark whereas if they appeared in Print or publick Preaching they might be known where they are and opposed 6. It stops the truth of all intelligence which is so invaluable a Treasure and difficult to be got into the Gates of Princes 7. A free Press is the pulse of the Body politic from which is impossible for the wisest State-Physician to discern or prevent the public Distempers unless it is suffer'd to beat free without a Ligature 8. It stops all just causes of complaint and appeal of the Subject to the King and Parliament against Judges and great Officers both Spiritual and Temporal It was my own ill fortune to be prickt Sheriff of a County which enforced me to draw a Petition to be presented to the King and Parliament desiring some remedy against the old Popish Oath continued to be imposed on Sheriffs wherein they swear to destroy the Protestant Religion under the name of Lollary and likewise to be relieved against the extortions of Officers of the Exchequer on Sheriffs which not knowing how otherwise conveniently to Address I appointed the Messenger to get a License to Print which he tryed to do but though there was nothing in it but Humility and Truth as who dare present otherwise to the Legislative Power The Licenser Swore He would not License it for Five Hundred Guinneys whereby it could not be done 9. It stops all presentments by the People to the King and Parliament of public grievances in regard the extent of the Three Kingdoms is great and remote and therefore neither fit nor possible multitudes should come so far to present Petitions in person and if not done in person there are so many Papists and Foreign Agents and their favourers in the way as may and do often intercept from the King's knowledg the humble applications of his Protestant Subjects as is easie to do when perhaps comprised only in one sheet of Paper To avoid therefore the stifling of all just complaints of the Subjects and the ill consequences which have been too often occasioned thereby of presenting Petitions by Tumults and Armies It is far more safe and equal that the Press should be open to the People in all public Addresses to Supream Authority it being many times a sufficient satisfaction to them if they understand that the King and Parliament do but vouchsafe to hear their complaints and desires though they think it not fit to grant them And a Child will often times awe his Enemies from harming him if he do but threaten them he will tell his Father where they know he hath that liberty given him 10. It appears by experience That the Liberty of the Press in Holland and other Foreign States where permitted not only bring no inconveniences but very great benefits and advantages to the People By pretence of giving the King the name of Supremacy they have taken the Thing to themselves The word Supremacy is of so infinite Extent as it can properly be attributed to none but the Divine Power of God and the words Jurisdiction and Government with which it is joyned in the Stat. 1. Eliz. 1. which gives the Form of the Oath of Supremacy are of that Vast Latitude that in their large literal Sense they include all Legislative Judicial and Executive Power amongst men and the Subject matters over which it is exercised are all Divine and Human Rights yea what is more all things Spiritual and Ecclesiastical as well as Temporal circumscribed in nothing to difference it from the Papal Supremacy pretended over Heaven Earth and Hell but the Bounds of her Majesties Dominions within which no wise man ever believed Heaven and Hâ—ll to be contained though the Bishops under pretence of the same Supremacy given her Majesty which the Pope had have in the Royal name exercised the same not only in matters of Marriage Filiation and Succession concerning which I intend here only to contend with them but in all other matters of Oppression of the Consciences and Rights of the Subjects both as to Religion Liberty and Propriety as high as ever the Pope did though never any such Supremacy was intended either by the Statute or Oath to make Canons Judg or Execute but what hath before been or lawfully may be exercised or used so the word lawfully refers to time past as well as future and that neither Pope nor Bishops had ever any lawful Supremacy or Power to make or use Canons or Ecclesiastical Laws concerning Marriage Filiation or Succession but did the same by Usurpation in this Realm is sufficiently proved before against my Lord Coke's Ecclesiastical Law P. 31. and the Form of the Oath makes the Ecclesiastical Supremacy no higher than the Temporal Supremacy which every one knows in all Acts of Legislation is joyntly in the King and Parliament and not singly in either Estate And therefore Bishops can claim to exercise no Supremacy from one unless they have it from both nor of any matter which is not within the Kings Dominions or of any other human Power but only belongs to the Kingdom of God And that Pious Queen her Self who began her Reign with the Statute and Oath of Supremacy soon found the words so general and thereby obscure and the letter wrested to such extremity by Episcopal Expositions that she endeavour'd by a Subsequent Declaration published to have explained and limited according to the true intention but the same not being done by Act of Parliament became not of that Force was desired and left the Bishops more liberty to exercise more Supremacy in the Royal Name by pretence then was in truth intended in the Act or Oath And the subtlety wherewith they glossed their designs appears in the Act it self of which they were the chiefest contrivers For first they begin with a Nolo Episcopare alas as if they intended never to Episcopate or seek for Ecclesiastical Supremacy againâ— for they utterly abolish all Foreign Power which was the Popes and all usurped Power which was their own and annex all Spiritual and Ecclesiastical Jurisdiction to the Crown which includes the Jurisdiction of Marriage Filiation and Succession and many other matters for they knew if any part of the Supremacy had been left at Rome they could never have got it to Canterbury and though the one eased the Burden of the Subject no more than the other but rather by
perjuria Punici furoris Et Sullos Mariosque Mutiosque Magna voce sonas manuque tota Jam dic Posthume de tribus Capellis For Poyson Force or Slaughter I not sue But for three Sheep taken by Trespass new My Neighbour took them and doth make denyal The Judge demands to have it brought to Tryal You talk how Scots did on the Bishops fire And Presbyters reliev'd by Cromwel dire And how they Perjur'd broke the Covenant And Independents thereupon did rant With tongue and hand why such a Coil d' ye keep Pray Sir please now to speak of my three Sheep 6. That they may conceal in a Cloud the Fictions Falsities Formalities Unnecessariness Absurdities Repugnancies Confusion and Injustice of their Proceedings which if Intelligible to the People they could neither avoid the Shame nor the Reformation Francis the first for a sum of Money Commanded the French Laws Pleadings and Proceeedings should be in the French Language which were before in Latine and this so pleased the People that they said the same was the first year wherein the Kingdom was out of Wardship But here note the Covetousness of the French King who would not ease his Subjects of that Wardship which laid much misery on them but yielded not him a Penny profit without a great sum of Money for he had never learned Nulli vendemus Justitiam but put them to buy at highest every bit of Justice which would have cost him no more than a word of his Mouth to have given freely Our Noble King Edward the Third 36. E. 3. cap. 15. intended freely to have Infranchised his subjects from the slavery of a strange Language but he not being acquainted with the Terms of Judicial Proceedings as what Prince can be when kept in an uncouth unknown Tongue the Bishops and Clerks deceived him as they have done in most Acts of Parliament wherein they found themselves Concern'd and set a Fair Title on the Act and only changed French into Latin for their own profit and not for the Peoples Benefit Three sorts of Letters and Characters there are Illegible 1. Such as are Antiquated in the same Nation As the Letters and Characters of the Germans Gauls Spaniards and of other Nations perished by Introducing the Roman Letters and Characters and their Tongues become Mixed and Corrupted and no longer than between the First and Second Punick War tre Roman Language was so chang'd that the best Antiquaries in Rome could not understand the Articles of Peace made between the Romans and Carthaginians at the conclusion of the first War So Horace though a Learned Poet in his own Countrey-Language confesseth he understood not Carmen Saliare made in Numa Pompilius his Reign 2 When they are the Letters or Language of a Forreign Nation 3. When they are Letters nor Language of any Nation but made by Confederacy between some Party or Sect of Men in the same such are Private Cyphers of Intelligences and Lawyers Latine Terms of Metaphysicks School-men Physitians and Others who seek to obscure their Trade for their Gain Fortescue P. 112. makes the reason why the Laws of England were not taught in the Vniversities to be because the Judicial proceedings were in French and Lawyers Latine and Court hand and Chancery which the University-Men did not understand and yet what is more strange there were none then but Clerks or Clergy who had the chief ordering of those Courts of Equity which doth not appear for what Reason it was unless it was in Revenge by the Layety against the Clergy As they sent them to Hell by forcing them to Prayer in Latine they understood not so they would send them to Hell too by forcing them to do Justice in Latine they understood not It appears by the Statute of 3. R. 2. Cap. 3. Of Premunire That the Pope used to place Forreign Priests in Benefices of a Forreign and strange Language with whom the People could not Converse but as long as the Prayers were in Latine it was no matter whether People or Priest understood them Latine Pleading worse than Latine Prayer or one another And the Truth is Latine Pleading is worse than Latine Prayer for none can be hindred from Praying to God in English but from Pleading he may to a Judg. So to keep Latine in Courts keeps all in readiness to bring it again into Churches and to turn out the English and Foreigners into both This is very mischievous in many respects for first when a Writ comes to a Bishop himself he understands it not and may sooner forswear himself than perform his Duty in it 2. When a Writ comes to the Sheriff he can neither read nor understand it nor many times his Under-Sheriff and they likewise may both sooner forswear themselves than perform their Duty Then it may sometimes happen to be sent to the Coroners where the Sheriff is a Party and they are in no better condition than those before Then if a Subpaena or other Order or Declaration in Latine be served on the Poor Defendant he runs in a great affright to one Neighbour and the other Neighbour and then at length to the Minister himself of the Parish who all cannot read or understand one line of the matter then must he run away to an Attorny and give him his Fee and then to a Councel and then all the matters are found to be as false in the Fact as they are in the Latine and only done for vexation of the poor Man and this he might have known in his own Parish if it had been English without being put to what is to him a great cost and trouble Then if it happen the matter to be true and it come to Tryal at the Nisi Prius the Issue is in Latine and Court-hand so are the Pleas and Declaration there is not a man in the Jury can read a word of it the Jury goes by Implicite Faith to whatever the Councel for Hire inform them and are in as great danger of Perjury as the Sheriff and his Under-Sheriff were before Then turn over to the Crown side the Bills of Indictment are all in Latine the Witnesses bound over to prosecute can neither Read nor Write much less understand Latine the malicious prosecutor puts what he will in the Bill the Witnesses Swear to the Latine and are Perjur'd for the poor Countrey men if it be Latine and the Justice of Peace that binds them over thinks they ought to Swear to the Bill of Indictment let it be what it will or they shall forfeit their Recognizance and seeing they can neither read nor understand it thinks they must Swear by Implicite Faith And many times even some of the Grand-Jury may not be so well skill'd in Law Latine but were it not by Implicite Faith only to their fellows Billa Vera they would if the Bill were in English find an Ignoramus So likewise Church-wardens commonly think it lawful to forswear themselves if it be done in a word of Latine
with them and were indeed a most imperfect constitution of Defensors of Liberties against Senators permitted to be Hereditary and was no way to be remedied unless the People had taken on them the Election of the Senators as is now done by such Nations as have the Liberty of Parliaments but if Two dissentient Negatives or Houses or Parliaments are joined together in one House where the matter is to be carried by Plurality of Votes there dissentient opinions of the several Members are so far from hurting the Publick as they do the same much Good First by the contrary Dispute of the Question the Truth is the better understood Secondly When two Extremes contend they commonly moderate one another and produce a more temperate Sentence than if the whole Senate were all of the same mind without any Faction so as long as Cato and Caesar made Orations one against the opinions of the other in the Senate it mitigated them to moderation and it was the Contention in the Field and not in the Senate caused so much mischief to the Publick which could not be avoided in such a Senate which was no equal Representative Elected by the People but some Senators so disproportionable in Power as Caesar and Pompey were to the rest Strength of Union 13. Though Confederacy of Foreign Princes ought not to be neglected yet the Confederacy of the Three Parliaments by Union in one House is a far greater assistance than of any Three Foreign Princes Confederated and living in Foreign Palaces and such Three Protestant Parliaments in one House and under one Protestant King are by Gods help of greater Strength and Councel than any Three Catholick Kings and the Pope with them if they should wrongfully confederate against the Protestant Examples of Un on of Parliaments 14. All these and no question more dangers of Disunion and Benefits of the Union of Parliaments were foreseen to the Wisdom of King James of famous memory and how zealously the desire of such an Union was press'd on him by him between England and Scotland appears by the Act 1. Jac. cap. 1 2. And thereby Commissioners of each Nation were appointed to meet and Treat and to reduce their Dâ—ings therein to Writings or Instruments Tripartite every part to be subscribed and sealed by them and one part to be deliver'd to the King the other to the Parliament of England the other to the Parliament of Scotland this was promoted several times in the House and vigorously Seconded by many Noble Protestant-Patriots after which as appears Coke 4th part 347. there started a question amongst the Commissioners whether there could be made a new Kingdom of Great Britain before there was made an Union of Laws which Question was by Command of the King refer'd to all the Judges of England in Trinity Term Anno 2. Jac. who unanimously Resolved Coke being then Attorney General That Anglia had Laws and Scotia had Laws A ridiculous Answer of Judges touching Union of Kingdoms but this new Erected Kingdom of Britannia had no Laws and therefore where the Forms of all Judicial Proceedings of England are Secundum Legem consuetudinem Angliae it could not be alter'd Secundum Legem consuetudinem Britanniae an Answer fitter for Protonotaries than Judges as if no Union were possible to be made of Kingdoms but by Rastall's Book of Entries whereas one word of a Nuper would have salved this horrible objection and but two lines of a Proviso in the Act of Union might have made the Style of their Formality what they would have had it but this unlucky Pedantry of Theirs was a fatal Scourge to Great Britain for in all humane probabilities if there had been then made an Union of Parliament the late Bloody Intestin Wars had never been 3. Jac. cap. 3. A Recital is made of the long and worthy Labours of the Commissioners of England and Scotland and how albeit all things had been by them fully and effectually pursued and accomplished c. Yet for that divers other matters required present Dispatch by the Parliament and the matters concerning the Union might be consider'd as well any other Session therefore the same was defer'd for that time Anno 4. Jac. 1. An Act is made for Repealing certain Acts of Hostility in former Ages made between the two Nations where the Commissioners lost all the Pains they had taken to the discouragement of any other who should thereafter attempt the like so by the Power and Subtlety of the Popish Episcopal Party and Lawyers all whose Interests a Reformation of Laws for Britannia would have crossed the whole business and Attempts of Union have been ever since obstâ—ncted As for Examples In former Histories we find none more free than the Romans to Naturalize their Associates and to make the Natives of the Provinces Citizens of Rome The Grand Seignior takes into his Council the Natives of several Kingdoms yea though Christians when once Educated in his Religion The several States of Greece had not been able to have subsisted against the Persian had they not United themselves in one common Council of State though their Laws and Commonwealths remained several The Netherlands had been never able to have subsisted against the Spaniard had not the Provinces been United in one Staadt-House and Common Council yet is not that Union perfect they remaining still under several Laws and Customs and in the nature of several Commonwealths and therefore not impossible to be again divided as the Grecian States thereby were So were it impâ—ssible for the German Empire to subsist against the Turk were they not United in one Supreme Dyet and Common Councli for a Parliament of Kings in person as the Electors are in Power is better than none at all and better than a Confederacy of Kings by Proxies they remaining in their several Palaces yet in many other respects the Union being of the Prelates and Princes and not of an equal Representative of the People it is liable to perpetual dangers of Civil Wars and the Dividing of one Prince against another who may perhaps as the Captains of Alexander the Great and the Italian Princes in the end set up every one for himself there being nothing to hinder but the Terror of the Neighbouring Turk whereas if the Union were constituted of an Emperor and Parliament equally Elected by the People the Empire were invincible for the Prince were then but one and the Senate but one but this is impossible to be performed except in Protestant Dominions for then must the Pope and Prelates be Cashier'd which no Catholick Prince can or dare attempt How great thanks do we therefore owe to God who hath vouchsafed Protestants so great a Privilege to Unite all their Parliaments if they in blindness and stubborness neglect or resuse not so great a Mercy as perhaps may not again be so easily offer'd The Cantons of the Swiss could not subsist without being United in a Common Council
withal Threatens a Proceeding against his Person Becket thereupon flies the Realm and appeals to the Pope and procures an Excommunication from the Pope of such Bishops as kept not their Oath of Canonical Obedience to him who was their Arch-Bishop The King of France Intercedes for Becket and the Pope Threatned Excommunication against the King himself if he Restored him not The King out of a Superstitious Fear of his Excommunication as appears by his Receiving afterward the Servile Penance imposed on him for Becket's death Restores Becket again to his See of Canterbury whither again arrived he continued notwithstanding the favour of the Kings Restauration as bad as before in Prosecuting his Excommunications he had got at Rome against such Bishops as sided with the King of which when the Excommunicated Bishops complained to the King and moved thereby his Passion He cried out Shall I never be quiet for this Priest if I had any about me that lov'd me they would find some way or other to Rid me of this trouble Whereupon Four Knights standing by took their Journey to find the Arch-Bishop whom they found at Church on the steps where they strook him on the Head with their Swords and killed him which though in the manner of doing it was no way Justifiable being without lawful Hearing and Trial Yet 't is very manifest that the Arch-Bishop by the Common Law it self without the trouble of an Attainder by Parliament might have been proceeded against Legally by Indictment of High-Treason and he was manifestly Guilty for it was by the Common Law High-Treason to appeal to a Foreign Prince And likewise for any Subject to bring an Excommunication from Rome against another Subject without the Kings Assent was Treason for this was the ready way to give the Pope Power to Raise Rebellions against the King when he pleased Bishops Traitors to King John The Bishops in the time of King John Conspired with the Pope and the French and the Temporal Barons and the Pope laid an Interdiction or Excommunication on the Kingdom for Six Years Three Months and Fourteen Days during which the Church Doors were shut up and there was neither Exercise of Religion Mass Marriage Baptism or Burial allowed in the Church or Church-Yard 'till the King would Surrender his Crown and take the Kingdom from the Pope and hold it Feudatory from him which the King was by the Treachery of his Bishops deserting him compell'd to do and accordingly he took off the Crown from his Head and laid it at the Feet of Pandulphus the Popes Legate the Pope to dispose of it how he pleased which he kept Three or Four Days from him and would not Restore again but on condition agreed That he and his Successors should hold it of the Pope and pay him for it the Yearly Tribute of a Thousand Marks which was a great Sum in those days besides all the other Tributes and Exactions which the Pope then had from the Subjects but this the King was fain to do before the Excommunication would be taken off from him and his Kingdom which being done and be perceiving himself clear from the Pope Resolved to Raise an Army and be Revenged on the French King whose Pensions had set all this on work against him and accordingly had Levied a very great Army having his Fleet all ready at Portsmouth to have Shipt them The Arch-Bishop of Canterbury thereupon told him He broke his Oath to the Pope at his Absolution if he Warr'd against the French King which in truth the Bishops had themselves by their Treason compell'd Him to To whom the King Replied in a great Passion That he would not defer the Business for his pleasure seeing Lay-Judgment belonged not to him The Arch-Bishop Threatned his Native Sovereign he would Excommunicate him unless he desisted and this was in behalf of a Foreign Prince his Enemy So far could French Pensions prevail with Prelats whereby the King to his great loss was enforced to Dissolve and Disband again his Army in the nick of Time when it was ready for Action Henry the Third the Tempest of the Barons-Wars beginning to Threaten him was asked by Robert Bacon a Frier Predicant What Sea-men feared most that they knew best themselves The Frier Replied My Lard I will tell you It is Petrae Rupes alluding to Petrus de Rupibus The name of the then Bishop of Winchester and under him meaning the whole Body of the Bishops Edward the First that wise and valiant Prince disdaining to be Priest-Ridden as his two Predecessors had been to so great danger of their Persons and Kingdoms and taught by their Experience that it was in vain to think of obliging by Benefits or Oath the Power of those who being a Body United and as it were an Army more firmly Banded under their Arch-Bishop than 't was possible to make the Lay-Nobility to be under their King he began first to Lop off from their Ecclesiastical Auxiliaries such Branches of Royal Power as he could do himself without a Parliament and Anno Reg. 6. Deprived many famous Monasteries of England of their Privileges and took from the Abbot and Covent of Westminster the Return of Writs granted them by the Charter of Henry the third And after he got to be Inacted by Parliament the Statute of Mortmaine against the so enormous Increase of their Temporal Possessions which was so detrimental to the Military Service of the Kingdom and in the Statute of Westminster 2. defalked the Jurisdiction of Bishops and Ecclesiastical Judges He left not here but growing more upon them he Required the Moiety of all their Goods as well Spiritual as Temporal for one year and I think their money and moveables could grow no more the next year which he took in one year And at the first one Sr. John Knight stands up amongst them in their assembly and said Reverend Fathers if any here will Contradict the King's Demand in this Business let him stand out in the midest of this Assembly that his person may be known and seen as one Guilty of the Breach of the King's Peace At which speech they all sate mute and though it put them into Extreme grief and perplexity they yet were fain to yield to his demand Dan. Hist Which if he had been possessed with a dastardly fear of Excommunication he had no more dared to do than his Predecessors Yet some say to be able to deal with his own Bishops he was fain to send the Pope a Furnish of gold for his Chamber to have his Connivence Edward the second Anno Regni 17 after the Overthrow he Received by the Treachery of his own in Scotland Bishops Traitors to E. 2. Caused the Bishop of Hereford to be Arrested and Accused of High treason for aiding the Kings Enemies in their Late Rebellion but he Refused to Answer being a Consecrated Bishop without leave of the Arch-Bishop of Canterbury whose Suffragan he was and who he said was
THE Night doth vanish when the Sun appears And from all Clouds the smiling Morning clears Romish Night-Ravens flie ye filthy Fowls And all ye Ceremonial Bats and Owls And Weather-cocks whose painted Feathers strange With every Wind God's Moral Law would change His Law is light the Sun outshines the Torch Which blindly Virgins led to the Church Porch Ye Meadows deck your selves with flowry pride Hear of an Holy Marriage and a Bride Not given by Man but God so great aad wise And by him Married as in Paradise With Beauty bright as Fire but chast and cold As Snow he Crowned her and not with Gold The Issue fair who did not Prophesie Sacred Religion Justice Liberty And Property providing of the best Both Bread and Wine for every Marriage Feast The Morall Law The Ceremonial Law 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 Kingdomes The Lord hath been a Witness betweene thee and the Wife of thy youth Mal. 2.14 1680. Linea Recta Proefertur Transversali RELIGION IUSTICE LIBERTY PROPERTY TO THE READER THE Writers both of Nature and Policy agree That the Original of all humane Society was Marriage by which Families were first composed consisting of Men their Wives and Children and after Commonwealths composed of those Families when by the multiplication of Generation they were grown so numerous as to be no longer able to preserve their Religion Liberty Propriety and Lives against one another without some Union of all obnoxious to receive or do Injuries under such Form of Government as was by the whole or major part of the Fathers of Families in their General Conventions of themselves or Representatives Consented and Covenanted for the common Peace and Happiness of all to both which no Constitution of Laws was more necessary than those which concern'd Marriage Filiation Aliment and Succession whereon not only private but publick Peace and War often depended and therefore Marriage being the Ordinance of God and not of Man it was impossible to lay any secure Foundation of the Rights of the same except on the Moral Law of God and no other was long observed either by the Jews or Gentiles than what was as Christ saith from the beginning till to break in pieces the Divine Tables of the same the Devil and the Priest conspired together to set up the Golden Calf of their Ceremonies and that Gods Ordinance should be null and void without them and no probation should be admitted of their performance but the Certificate of the Bishop or High-Priest by which as to matter of Succession to Inheritances and Kingdoms They bound their Kings with Chains and their Nobles with Fetters of Iron God was pleased to make the Contention concerning a Marriage between H. 8. and the Pope the occasion of breaking off some of the Links and of being a beginning of the Protestant Religion and Liberty and I hope he doth now offer the like or a greater occasion of propagating both to the present Age and Posterity and not only to break all the Reliques of the Chains but to file off the Collars themselves whereby the Bishop of Rome and the Provincial Bishops have long so gauled the Necks of Princes and People through all Christendom to the easing of which Burdens I should be glad if thou and so many other more fit than my self would lend your hands but seeing so many seeming to sleep in the midst of so great a danger I hope it ought not to offend if I hereby endeavour to awaken you and to be therein as I ought to be to my Power Your Servant Will. Lawrence THE CONTENTS Of the First Book BY what Law Marriage Filiation Aliment and Succession ought not and ought to be Judged p. 1. Not to be Judged by the Law of Moses or Customes of the Jews p. 2 Not to be Judged by the Laws and Customes of Heathen Nations p. 10 Not to be Judged by the Law Civil Canon or Feudal p. 21 Not to be Judged by the Law of Mahomet p. 26 Not to be Judged by Ecclesiastical Laws p. 31 All Allegations of Coke in behalf of Ecclesiastical Laws answer'd ib. Of the mischiefs ensue from Ecclesiastical Laws p. 43 1. All Ecclesiastical Laws of Marriage were invented by Daemons Pagan Priests or Popes ib. The History of the Devil appearing in the shape of Christ to Dr. d ee and tempting him and his Seer Kelly to Community of Wives p. 45 All prohibition of Marriage or Meat in any Ceremony or Circumstance not prohibited by the Moral Law of God came from the Devil p. 52 2. The Final Causes of all Ecclesiastical Laws of Marriage variant from the Moral Law of God were Lust Covetousness and Ambition of the Priest p. 53 3. They pester the Three Kingdoms with an unnecessary and excessive multitude of Laws p. 57 4. They corrupt the choicest Protestant Wits in their Education with Principles of Popery and Slavery p. 59 5. They introduce divers weights and measures of Justice in the same People ib. 6. They compell the Subjects ad aliud Tribunal than Caesars Judgment Seat ad aliud Examen than per legem terrae ad aliud judicium than legale judicium Parium ib. 7. They expose the Subjects to Circuit of Action Subornation Perjury and to be ground between two Milstones of interferring Jurisdictions Spiritual and Temporal 8. Papal Laws of Marriage are inconsistent with a Protestant Priesthood ib. Not to be Judged by such Laws of England Scotland or Ireland as are Reliques of Popery and contrary to the Law of God Of the Law making Marriage a Sacrament p. 65 Of the profound Popery of the Common Lawyers of Transubstantiation of two Persons into one Person and the mischiefs thereof p. 66 A Note taken at Kings-Bench-Bar of the miraculous Transubstantiation of a Shoulder of Mutton betwixt a Man and his Wife p. 71 Of the Law of Transubstantiation of the Children of the Wife into the Children of the Husband if within the Four Seas and of Intails p. 72 A further descant on the words of Littleton and Coke concerning the same and of Intails on Marriages depending thereon p. 73 75 Of the barbarous Law of Illegitimation or making Children incapable to succeed to the Goods of their Parents the Reformation thereof by the Emperor Anastasius and the Deformation of the same again by the Strumpet Theodora and succeeding Popes and Bishops p. 79 That unlawful Marriages of Parents ought not to Illegitimate their Children p. 80 Illegitimation of Children shews Popes and Bishops worse than Pagans Infidels Beasts Monsters Serpents p. 82 Intails Feminine cut off by Adoption or Institution by the Father of his natural Children Heirs ib. Of the Law of Consensus non Concubitus facit Matrimonium p. 83 Of the Pagan Goddess Juno and the Popish Mother of St. Kentigern both got with Child without a Man p. 85 Of the
of Wine and prayes over it and offers it to the married Couple to tast but the Bridegroom dashes it against the Wall in memory of the destruction of Jerusalem so the Bridegroom in sign of sorrow puts on a black Cloak and the Bride a black Hood Mr. Addison tells of the Barbary Jews That they are married at the Bride's Chamber only by putting a Ring on the Woman's finger and pronunciation of these words by the Rabbi Thou art Married or Sanctified unto this Man with this Ring according to the Law And when married they use a foolish Ceremony if the Bride is a Virgin they give her Wine in a narrow-mouth'd Cup if a Widow in a broad mouth'd Cup and after the Bridegroom casts a raw Egg at the Bride c. And how the fopperies of such Ceremonies come by God's Law to make a marriage or no marriage or legitimate or illegitimate the Child no rational Man ever understood Plurality of Wives As to the determination of number of Wives by Nature it seems to be according to the number she her self gives As in the East and Southern climes the Feminine number naturall exceeding the Males many fold And in times of great destructions by Wars such as are foretold Isa 3.25 Thy men shall fall by the sword and thy mighty in War and her Gates shall lament and mourn and being desolate shall sit upon the ground And in that day seven Women shall take hold on one Man In the Kingdom of Benym amongst the Negro's the King hath five or six hundred Wives and his Subjects keep 20 30 40 50. 60. according to their ability and the poorest sort five or six and some a Dozen Hierotinus an Arabian King had six hundred Children by Concubines so it seems excessive multiplication may be one reason against Plurality It was a Law amongst the Garamants That when any Woman married had three Children she should be separated from her Husband because a multitude of Children cause Men to have covetous hearts and if any Woman bring forth more Children they shall be slain before their Eyes Aristotle in his Politiques thinks it profitable That Plebeians should not have too many Children and therefore allows Divorce lest the Wives should bear too many Connubia mille non illis generis nexus non pignora curae sed numero languet pietas Claud. de Bell. Gild. Amongst the Medes antiently Polygamy was so far from being esteemed a fault that it was a punishment for a common Person not to have seven Wives and for Noble Women to have less then five Husbands Heylin 814. Of the custom of the Jews to keep one barren Wife and another to breed One Barren and another Breeding Wife Selden de Jur. natur lib. 5. pag. 586. translates out of a Jewish Rabbi these words Sub diluvium hominum mos erat ut pro libitu binas sibi duceret quisque uxores alteram prolis gratia alteram in Concubitum ea autem quae prolis gratia haberetur velut vidua quamdiu superstes esset degebat sed ea quae in Concubitum adhiberetur sterilitatis exhaurire solebat Poculum ut sterilis redderetur atque juxta virum accumbere solita velut meretricio ornabatur habitu And in another place ornata etiam velut nova nupta lautiores comedebat dapes acerbius autem durius tractabatur socia lugebat vidua To which alludes Job 24.2 as 't is in the Hebrew he fed the Barren which brings not forth but did no good to the Widow Moses saith Cursed be he that lieth with his Sister Incest the Daughter of his Father or the Daughter of his Mother Deut. 27.22 Yet Abraham allowed it in his time and married Sarah And Amram took him Jochebed his Father's Sister to Wife and she bare him Aaron and Moses and the years of the life of Amram were an hundred and thirty and seven years Exod. 6.20 Aretas King of Arabia Petraea and Herod fell at strife the one with the other for this cause which ensueth Herod the Tetrarch had married Aretas his Daughter with whom he lived married a long time afterwards taking his Journey towards Rome he lodged with Herod his half Brother by the Father's side for Herod was the Son of Simon 's Daughter which Simon was the High Priest and there being surprized with the love of Herodias his Brother's Wife who was Daughter to Aristobulus their Brother and Sister to the great Agrippa he was so bold as to offer her some speech of marriage which when she had accepted Accords were made between them That he should banish his Wife Aretas far from him who complaining to her Father the Arabian King of the injury done her by her Husband Herod the same raised War between him and Herod Josep lib. 18. cap. 7. de Antiq. And Aretas overt rowing Herod's Army divers Jews were of opinion That this Judgment fell upon him because he had cut off John's head by the instigation of Herodias ibid. But as for this opinion divers believe that it hath been foisted into Josephus vid. Blâ—ndell Hist Sybill But as to the Point in question of Incest 't is very clear That John justly reproved Herod for marrying his Brother's Wife whether there was a Judgment followed on it or not But it cannot be infer'd that the cause why he reproved it or why the War followed on him was Incest but the cause thereof is more likely to be because he so wrongfully Divorced his first lawful Wife and likewise caused his Brother's Wife to be Divorced from him while his Brother was alive and Tetrarch of Galilee that he might have her from him So here was a double Divorce matter enough to reprove without minding any Incest which agreed likewise with the Doctrine of Christ and 't is manifest that was the only cause of the War and not any pretence of Incest for Aretas would have raised the War alike if the wrong had been done his Daughter by a strange Woman as if it had been by a Kinswoman Therefore no Argument can be brought that St. John's opinion was this was Incest nor that any Judgment happen'd for Incest but rather for unlawful Divorces so the marrying the Brother's Wife to raise up Seed to the Brother seems a custom tolerated for hardness of their hearts and not to be imitated by Christians Tryal of Virginity more wicked then the Bill of Divorce for this was after the Husband had lain with her Tryal of Virginity and perhaps likewise he might have got her with child Deut. 22.13 It is said If any man take a Wife and go in unto her and hate her and give occasion of speech against her and say I took this Woman and when I came to her I found her not a Maid Then shall the Father of the Damsel and her Mother take and bring forth the Tokens of the Damsel's Virginity unto the Elders of the City in the Gate and the Damsel's Father shall say
as they agree And at the end of the time they are free and may leave each other without other agreement The Tartars by reason of their Plurality of Wives have a multitude of Children In Monomotapa they Marry as many Wives as they will but the first is the Principal and her Children only to inherit The Mogul hath a Thousand the Turk is said to have three Thousand Women Amongst Barbarians mention is made of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a People where Women had many Husbands and amongst the Medes which dwelt in the Mountains 't is said a Woman had five Husbands at once It is said that the Lacedemonians had anciently a Custom that one Woman should have two Husbands one to go to War the other to abide at home In Malabar the Women have many Husbands either at once or successively and if at once they send their Children to them whom they think have most right to them In Calicut some Women are related to have six or seven Husbands and they Father their Children on which of them they please The Anses had Women in common and the Child was to be reputed his with whom the Woman chose to live Some report that Gorgophan Daughter to Perseus about Anno Mundi 2630. Second Marriage was the first Woman who Married a Second Husband When Myrrha fell in love with her Father Cynara Gentes esse feruntur in quibus nato genitrix nata parenti jungitur Pietas geminato crescit amore Incest Ovid Metam lib. 10. The Babylonians allowed Marriage of Parents and Children Justin lib. 1. saith That Semiramis was kill'd by Ninus her Son because she would have lain with him but Orosius lib. 1. cap. 4. affirms That she was Married with her Son Curtius lib. 8. saith In Regionem quam Naura appellant Rex cum toto exercitu venit Satrapas erat Sysimithres duobus ex sua matre filiis genitis quippe apud illos licitum parentibus stupro coire cum liberis Alexander came with his whole Army into a Region called Naura where was a Satrapas called Sysimithres who had two Sons whom he begat of his own Mother For with them it 's held lawful for Children to lie with their Parents This Sysimithres together with her who was his Mother and Wife being possessed of an impregnable Rock scituate in the pass into his Country opposed Alexander in his entrance and being Summon'd by him to yeild he himself assented but was over-ruled by the same Incestuous Woman his Mother and Wife who said She would rather die then yield so much more valiant was she then he but in the end he over-ruled her and yeilded his Fort and was content his two Sons should militate under Alexander who took them with him as a kind of a wicked Rarity Plutarch saith That the Cimbri married their own Daughters which Custom was taken from them by Marius who overcame them in Germany and triumphed over them The Quitteve or King of Sofala hath an Hundred Women Queens and Concubines and many of them his Aunts Couzins Sisters Daughters all whom he useth saying His Sons by them are the truest Heirs to the Kingdom because no mixture of blood But none but the King on pain of death may marry Sister or Daughter Jo. dos Sanctus At Cape Gonsalvetz they have a filthy Custom that the King when his Daughters are grown takes and keeps them for his Wives and the Queens in like manner take their Sons when they are grown up and make use of them as Husbands In Aegypt some of the Ptolomies married with their Sisters and as it seems by Seneca such Marriages were not unusual at Alexandria for he saith Athenis dimidium licet Alexandriae totum and as Turnelius affirmeth at Athens they might Marry their own Sisters by the Father such as Abraham Gen. Cap. 20.12 said of Sarah She is the Daughter of my Father but not the Daughter of my Mother and she became my Wife Whereby you see Abraham is censur'd by the Doctrine of Seneca as an Incestuous Person but Lycurgus permitted Sisters only to Marry by the Mother's side but forbid to Marry Sisters of the Father's side And Arnobius contra Gent. saith That Incest was allowed amongst many Nations of whom Alex. ab Alex. lib. 1. gen dier C. 24. hath made a Catalogue Cambyses amongst the Persians married his Sister so did Artaxerxes so did Darius and in Aegypt so did Ptolomeus Philadelphus at Rome Claudius with Agrippina his Brother's Daughter and Caracalla with his step-Mother Opian the Poet saith That Caracalla Married Julia his own Mother When Cambyses had a mind to Marry his Sister he advised with the Magi to know whether the Laws did allow it who answer'd They knew no Law which did allow it But there was a Law which allowed the King of Persia to do what he would Yapangoi the Father of Guagna Capa was the first Ingua of Peru who married his Sister that Ingua's might do it and commanding his own Children to do it permitting the Noblemen also to Marry their Sisters by the Father's side Other Incest in the line ascendent or descending and Adulteries were punished with death The chast Artemisia was the Wife and Sister of Mausolus Diique suas habuere sorores Vt Saturnus Opim junctam sibi sanguine junxit Oceanus Tethin Junonem Rector Olympi Ovid Metamor 9. In Pozo in America they marry with their Neices and Sisters The Chinois heed no degrees of Affinity or Consanguinity so the Sirnames differ and therefore marry into the Mother's kindred be it almost never so near If a Tartar die his Son may marry all his Wives except his own Mother and Sisters so it is lawful for a Brother to marry the Widow of his Brother Polo Pliny in an Epistle to Loratius saith That the Athenians did use to marry Brothers and Sisters but yet did not permit Uncles to marry their Neices nor Aunts their Nephews Aemilius Probus speaking of Cymon's Marrying his Sister Elpinice Habuit autem in Matrimonio sororem nomine Elpinicen non magis amore quam patrio more ductus nam Atheniensibus licet eodem patre natas uxores ducere The Arabians had anciently a Custom that one should be Wife to all her Brothers whereby they become all Brethren and the eldest should lie with her at Night and at Day the other Every one as they came first set his Staff at her door to give notice to the rest to forbear whereby they were all Brethrâ—n An Adulterer was punish'd amongst them with death The Britains had Ten or Twelve Wives apeice as Caesar saith which they held common amongst Brothers and Parents and Dio saith The Children thus begotten were brought up in common amongst them Eusebius saith That many Britains kept one Wife in common In Arabia the Happy it 's accounted Adultery to lye with any Woman except of their own kindred as Sisters Mothers Cousins and the like whom they likewise take to be Wives It
cùm vix esset dare causam quin ratione peccati possit deferri ad Ecclesiam Object 3 Stat. Merton gives them no Jurisdiction It 's alledged That it appears by the Statute of Merton that Henry the Third writ in his time to the Bishop to certifie Marriage and Bastardy First It is to be understood therefore that in the time of Pope Alexander the Third Anno Dom. 1160. which was Anno 6. H. 2. in whose time all Matrimonial Causes beonged to the King's Courts This Constitution was made That Children born before Solemnization of Matrimony where Matrimony followed should be as Legitimate to inherit to their Ancestors as those that were born after Matrimony It is likewise further to be known that King John the Father of Henry the Third who made this Statute of Merton following was by the then Pope Innocent Excommunicated King John Excommunicated as likewise at the same time was the Emperor Otho and the whole Kingdom of England Interdicted and so remained for the space of Six Years Three Months and Fourteen Days during all which time there was no Church open for Marriages or Burials but the poorer People were buried like Dogs in Ditches and where they married God knows Through which King John was driven to such distress by his own Bishops and Barons and the French assisting the Pope against him that he was forced before he could get to be released of this Excommunication to pay the Pope vast Sums of Money and to lay down his Crown and Scepter Mantle Sword and Ring the Ensigns of his Royalty at the feet of Pandolphus the Pope's Legat and submit himself to the Mercy and Judgment of the Church Two Days some write Six it was before the Legat restored him to his Crown which he likewise received again on no better Terms then to hold the Kingdom of England and Lordship of Ireland from the See of Rome at the Annual Tribute of a Thousand Marks Silver and the Excommunication was not to be taken off but deferred till further and full satisfaction was made to the Clergy which was not done till Two Years after The Bishops being hereby arrived at so great an height of their Tyrannical Power over this King The Bishops usurped the exercise of Ecclesistical Laws by force over their Kings As that when the King having obtained absolution had gather'd a great Army to have been revenged on the French King the Arch-Bishop of Canterbury told him 't was against his Oath at his Absolution and the King in a great passion reply'd He would not defer the Business for his pleasure seeing Lay-judgment appertained not to him the Arch-Bishop presumed to threaten his native Soveraign that unless he desisted he would Excommunicate him Note therefore That in the time of H. 3. who was the Eldest Son of King John the Bishops continued to assume the Power of Lay-judments as well in Marriages as they did of shutting up of Churches in which they were made from the Pope to whom they had inforced King John to surrender his Crown and not from the King 's Writ as that Statute of Merton shews rather a proud Renunciation and scorn to answer the King 's Writ concerning Marriage then any use permitted by them to the King of the same unless he would as his Father had done lay down again his Crown to them and have Marriage judg'd according to the Law of the Pope for otherwise they tell him plainly They neither will nor can answer his Writ as appears by the Statute it self the words whereof follow 20 H. 3. Cap. 9. To the King 's Writ of Bastardy Whether one being born before Matrimony may Inherit in like manner as he that is born after Matrimony All the Bishops answer'd That they would not nor could not answer to it because it was directly against the common Order of the Church that is meant the Romish Church And all the Bishops instanted the Lords that they would consent that all such as were born afore Matrimony should be Legitimated as well as they who were born within Matrimony as to the succession of Inheritance for so much as the Church accepteth such for Legitimate And all the Earls and Barons answer'd with one voice That they would not change the Laws of the Realm which hitherto have been used and approved Coke 2 part Inst 97. It is said Though the Bishops are Spiritual Persons yet in case of general Bastardy when the King writes to them to certifie who is lawful Heir to any Lands or other Inheritances they ought to certifie according to the Law and Custom of England and not according to the Roman Canons and Constitutions yet if they do make their Certificate according to the Canon Law No remedy against Bishops making Certificates contrary to the King's Laws General Bastardy uâ—urped by Bishops not given them by Law and not the Law of the Land there appears no Remedy unless such a one as is worse then the Disease Sir Galfred le Scrope Cheif Justice saith Before this Statute of Merton the Party pleaded not general Bastardy but that he was born out of Espousals and the Bishop ought to certifie whether he were born before Espousals or not and according to that Certificate to proceed to Judgment according to the Law of the Land And the Prelates answered That they could not nor would not to this Writ answer and therefore ever since special Bastardy viz. that the Defendant c. was born before Espousals hath been Try'd in the King's Courts and general Bastardy in the Bishops Court and herewith agree out old Books and the constant Opinion of the Judges ever since Coke 2 part Inst 99. It being before granted That the Law of England cannot be changed but by an Act of Parliament and Magna Charta being before made and being a Declaration of the ancient Common Law First That no Freeman was to be put out of his Free-hold or Inheritance but per legale Judicium parium and there being no cause of its own Nature more Temporal or more concerning Succession to Temporal Inheritance then Marriage It was contrary to Magna Charta and the Common Law to judg the Fact of it by any other Judges then Juries and the Law of it by any other Judges then those of Temporal Courts and though the Pope and Bishops in those Superstitious times forced the Kings many times as they did King John to yeild his Crown and the Subjects to yeild their Marriages and other Temporal Rights to their Arbitrary and Saleable Sentence for fear of Excommunication yet doth not this any way prove that the Jurisdiction of Marriage was ever granted them by any Law or Act of Parliament or could be without it were contrary to a known Common Law and Act of Parliament which expressly gave the trial of Temporal Rights and Inheritances to a Legale Judicium parium and not to any Ecclesiastical Judges or Laws Now therefore it being clear they had
no Jurisdiction but by Usurpation of so Temporal a Right as Marriage before this Statute let any who thinks he can see Nine Miles into a Milstone once more look into the Statute of Merton before recited and try whether he can screw out of it any word giving the Bishops either a Jurisdiction of Marriage or general Bastardy or that this Statute ever forged so rude a Romish Tool as the two edged Sword of general and special Bastardy to divide the living Child or tear it in peices between the Bishop and the Temporal Judg or how it was then consistent with a Legale Judicium parium to expose a Child no Alien but the King 's Native Subject to be tried for all he had by a then Foraign Ecclesiastical Law and a Judg a sworn Canonical Subject to a Foraign Pope or that the wisdom of that Parliament intended to coin a Chimera of a Distinction without a difference of general and special Bastardy which neither they themselves understood nor any Lawyers which write to this day give any sensibly Interpretation or agree amongst themselves concerning it or that they who made the Statute to oppose the Bishops Jurisdiction of Marriage should create a Notion of general Bastardy which le Scrope says was not in Esse before to give them a new Jurisdiction which was to change the Laws of England which they positively refuse in the Statute it self to change Object 4 No Similitude of fetching the Laws of Athens to Rome and bringing the Romish Laws to England It is further alledged by Coke lib. 5.1 part 9. That as the Romans fetching divers Laws from Athens yet being approved and allowed by the State there they were called Jus Civile Romanorum And as the Normans borrowing all or most of their Laws from England yet baptized them by the name of the Laws and Customs of Normandy So albeit the Kings of England derived their Ecclesiastical Laws from others yet so many as were approved and allowed hereby and with general consent are aptly and rightly called the King's Ecclesiastical Laws o. England To which is answer'd That there is no similitude between making or changing the Laws of the Athenians which were Foraign Laws to become the Laws of the Romans and the making or changing either the Foraign Papal or native Provincial Canons or Ecclesiastical Laws into the King's Ecclesiastical Laws of England For First The Athenian Laws before they were made Denizons of Rome were not admitted in cumulo but Articulated and every Article examined one by one by the Decem viri or Ten Men as our usurped Ecclesiastical Laws were appointed to have been done by the Statute of 25 Hen. 8.19 by the Two and Thirty Men and likewise in time of Edward the Sixth by others but neither succeeded before the same was received for a Roman Law Secondly Such Athenian Laws as were pickt or garbled from the rest were by the Authority of the Legislative Power of Rome both Senate and People caused to be writ in Twelve Tables and inacted to be the Laws of Rome but in England there was never by Authority any Articulation selecting or garbling of Canon Laws effected nor the same reduced into Tables Written or Printed by any Act of Parliament Ecclesiastical Laws in an unknown Language Thirdly The selected Athenian Laws were written in the Roman Language to be understood by the People before they would be received as Roman Laws but there is no such thing in the Ecclesiastical Laws of the Holy-Church concerning Marriage or any thing else but they all still remain in the Language of the Beast and can be neither call'd the Laws of the Church which by the Scripture are forbidden to be spoke in an unknown tongue as appears 1 Cor. 14.19 It is said In the Church I had rather speak five words with my understanding that by my voice I might teach others also then ten thousand words in an unknown tongue It is as utterly unlawful therefore to make that a Law of the Church or an Ecclesiastical Law of Marriage which is in the unknown Language of Latin as it had been to have made any form of Prayer taken from the Romish Church though the Pater Noster it self the form of Prayer of the Church of England while it was in Latin for the Minister would then have been a Barbarian to the English man and the English-man a Barbarian to him and it is as bad for the poor English-man for his Law-sutes in Latin for a Wife in the Court of Arches and other Ecclesiastical Courts as it would be if his Prayers were again in Latin in the Church For though he pay his Lawyers dear to plead his Cause there he cannot understand for his Money whether they call him and his Wife Rogue and Whore or honest People or whether the Judg by his Sentence will give him his Wife or take her from him but by the implicit Faith of an Interpreter as let any one look on the Sentence of Divorce in Kennes Case Coke lib. 7.42 E. he may understand or not understand the same Ecclesiastical Laws are not the Laws of the Land Fourthly The Athenian Laws were not obtruded on the Romans by Conquest of their Bodies by the Temporal Sword or their Souls by the Spiritual Sword of Excommunication but the Ecclesiastical Laws of Marriage have been obtruded on England ever since the Conquest by the superstitious Terrors or actual force of Excommunication either Papal or Episcopal and never by consent in Parliament The suffering of an oppression therefore is no consent nor an abuse against Law an Use Custom or Law neither can a wicked Oppression Use Custom or Law in name only be turned into a Law of England except by consent in Parliament or other humane Power besides it is by the very before recited Statute of Merton declared That the Laws of the Church are not the Laws of England for when the Bishop quarrel'd that the Law of England as to Marriage was not according to the Law of the Church and would have had them changed into the Law of the Church the Earls and Barons with one voice answer'd We will not change the Laws of England Whereby it 's plain the Laws of England and Laws of the Church are opposite Laws and not the same and this is confessed by Coke himself in the exposition of his Statute of Merton 2 part Inst fol. 98. where he saith Here our Common Laws are aptly and properly called the Laws of England because they are appropriated to this Kingdom of England as most apt and fit for the Government thereof and have no dependence upon any Foraign Law whatsoever no not on the Civil or Canon Law other then in Cases allowed by the Laws of England and therefore he saith the Poet spake truly hereof Et penitus toto divisos orbe Britannos So as the Law of England is proprium quarto modo to the Kingdom of England therefore Foraign Precedents are
Juvenal Veniet cum signatoribus Auspex and of Ovid Mense malum Maio nubere vulgus ait and they declared to the parties the unlucky Ides Kalends and all the dismal times and days which got the Cheats much money from the foolish people and to continue the same Trade the same was revived by Popes and Councels of Laodicea Iterda and Trent by their prohibitions of Marriage in times of Advent Septuagesima and Rogation Pope Soter made the Law prohibiting Marriage without delivery of the Woman by the Father and receiving a Benediction from the Priest Delivery by the Father and Benediction by the Priest yet Christ saith For this cause shall a man leave father and mother and though a Father may deny to give his Daughter so liberal a Portion if she marry without his consent as he would give with it yet can he not prohibit her to marry and when Rachel said to Jacob Give me children or I die and he in anger replyed Am I God he thereby shews that 't is not the Benediction of the Priest or Pilgrimages to Saints cause fertility or sterility but Children are the gift of God Marriage within the fourth degree Pope Calixtus made the Law prohibiting Marriage within the fourth degree either of Consanguinity or Affinity and others extend the same as well to Spiritual as Carnal kindred The Law prohibiting Marriage without License was first set up by the Priests of Priapus and Venus License to marry And the Priests of Diana her self could no more live without License-money for Marriage then those of Venus which made the Virgins of Greece before they presumed to marry humbly to beg the Goddess's pardon that they left her Nunnery for which they brought good Fees and Offerings to the Priests Power of the Pope translated to the Arch-Bishop of Canterbury The Law of Dispensations Legitimations and Confirmations of Marriages and Children and the whole Papal power therein translated to the Arch-Bishop of Canterbury by 25 H. 8.21 was made by Papists in a time of Popery The Law of Banes was invented by Popes and revived by the late long Parliament Banes and the Laws of New England only translating the Marriage to the Magistrate instead of the Priest Marriage without a Priest or Temple The Law prohibiting marriage without a Priest and a Temple was invented by the Priests of Priapus and Venus and revived by the Pope and Council of Trent In all these Ecclesiastical Laws of Marriage the two Strumpets Theodora of Justinian Strumpets and Theodora of Pope Sergius and that impudent Quean Marozia and other Strumpets of the Popes had a great hand We are like therefore to have excellent Laws in the Bishops Courts and Justice for Marriage Fillation and Succession while the Laws of such Legislators continue All Laws prohibitory of Marriage or Meats came from the Devil Lastly There needed not to those who believe the Scripture this Recital of so many wicked persons to be Authors of this mention'd Ecclesiastical Laws for it is manifest by the Scripture it self that all Laws prohibitory of Marriage or Meats they being things not indifferent but necessary for the preservation of Humane Nature in the least Ceremony or Circumstance where they are not prohibited by the Law of God came from the Devil as appears 1 Tim. 4.1 2 3. Now the Spirit saith expresly That in the latter times some shall depart from the faith giving heed to seducing Spirits and Doctrines of Devils speaking lyes in Hypocrisie having their consciences seared with an hot Iron forbidding to marry and commanding to abstain from meats which God hath created to be received with thanksgiving I conclude therefore that all the fore-mentioned Ecclesiastical Laws prohibiting marriage without their Popish Ceremonies or Circumstances not appointed by God came from the Devil or many Devils The Final causes of the Ecclesiastical Laws concerning Marriage invented by Daemons and the Priests of Priapus and Venus were Lust Covetousness and Ambition of the Priests The second Reason against Ecclesiastical Laws is the wicked ends for which they were invented which were no other but only to satisfie the insatiable Lust Covetousness and Ambition of Priests As to which the Indian Histories mention That in the Kingdom of Molabar neither the King or People are allowed to have a Wife Luft Covetousness Ambition of Priests the only ends of Ecclesiastical Laws of Marriage unless sanctified for him by the first nights Lodging of the holy Bramin who is their Priest which is the reason that there the King's Sons succeed not to the Kingdom but their Sister's Sons for they say they know not the Father but they know the Mother Linschot Little better is done in Catholic Kingdoms often times though not openly yet secretly by those unchristian Bramins the Cardinal Confessors and it is common in Italy for Catholics to jeer one another that their Children are Fils de Prestre The Benyan Indians give their Priests the first fruits of their Wives and think the Marriage will not be blessed without it The Southern Americans in divers parts think it a great Devotion to offer their Daughters to be first defloured by the Priest The Algier Mahometans and the people of other parts of Africa think it a meritorious work to prostitute their Wives to their Morabates or holy Saints whom they esteem their Prophets And Leo Afer who was that Countrey-man tells a story of one of these holy Prophets who came to a Town and espying a handsom Woman being a person of very good quality and great esteem in the Town yet the Prophet took her being at a Bath and lay with her openly in the concourse of a great multitude of people who applauded the Fact as a great honour to the Lady and many of them ran to congratulate her Husband how happy he was to have so holy a Man partner with him in his Wife and when some of the better sort of people whose discretion was a degree above the common superstition of their Religion went and informed the Magistrates of the Town of the foul and shameful act was committed by a Vagabond Prophet and they sent their officers to apprehend him the people rose upon them and would have knockt out the Brains both of Officers and Magistrates had they not speedily desisted Carpenter reporteth from a Monk of Doway That not long ago it was a custom in Biscay a Province in Spain that every Man having married a Wife sent her the first night to the Priest of the Parish which it seems was the Fee due to the Priest for his labour the same day of marrying her in his Temple Carp 193. So it was at the door of the Tabernacle Hophni and Phinehas Sons of the Priest lay with the Women of the congregation 1 Sam. 2.22 To the Temple of Marriage the Popish Priests have of latter times added the Chappel of Ease of Auricular Confession Auricular Confession in a more commodious
the nearness of the Task-masters increased it to blind the people they pretend all to be for the Queen and as if neither Pope nor Prelate should have to do with it they incited the Queen like the Eagle of Divinity to Soar to the height of Spiritual and Ecclesiastical Supremacy to no other intention than when she had taken the Quarry they might take it from her and exercise it themselves to their own profit and not hers for the next Clause in the Act is That the Queen may assign Commissioners to exercise all manner of Spiritual and Ecclesiastical Jurisdiction which they knew would be to Bishops but they abusing this Power they had got in the High Commission Court and other Commissions this Clause or Branch of Assigning Ecclesiastical Jurisdiction by Commission is repealed 17. Car. 1. Cap. 11. 13. Car. 2. Cap. 12. but the annexation to the Crown and Oath of Supremacy still continuing they continue still in the King's Name to exercise all Acts of Supremacy both of Legislation by continuing and making Canons and of Judgment and Execution above all Appeal in all matters concerning Marriage Filiation and Succession or more than they were given Power by any Commissions to do while they continued which makes them who exercise Acts of Supremacy incapable of being Judges Delegate By pretence of giving the King Supremacy by the Ceremonies of Coronation and Unction they take it from him to themselves Coronation is the Investiture of a King in his Kingdom by the Ceremony of Tradition of a Crown or setting it on his Head so is the Investiture of a Bishop by Tradition of a Ring and Staff or Crosyer and of a Soldier in Feudal Tenures by Tradition of a Ring Sword or Spear The Persons who have used to make Traditions of Crowns have been in Kingdoms where the Priest hath the Supremacy of the King as in Pagan Kingdoms by the High Priest and in Christian Kingdoms by the Pope or Bishop and in Germany by both for the King of the Romans is used to receive three Crowns one of Iron another of Silver and another of Gold That of Iron he receives of the Bishop of Coleyn in Aquisgrave that of Silver of the Arch-Bishop of Millayne in Italy in the same City and in the Church of St. Ambrose That of Gold of the Bishop of Rome in the Church of St. Peter at the Altar of St. Maurice Where Note That Gold may be bought too dear and that three Magpies have got by the Bargain Supremacy over the Roman Eagle But in such Kingdoms where the Supremacy hath been in the King above the Priest the Tradition of the Crown hath been by the People or their Representative which we call here a Parliament or one appointed by them in regard a multitude cannot all do it in person It is likewise to be observed That there is a difference between assuming a Kingdom by Conquest and by Contract for he that comes in by Conquest takes the Crown without Tradition from Clergy or Lay whether they will or no or exercises the Power of the Sword to govern at his Will without a Crown as did the old Roman and now do the Ottoman Emperors who are never Crowned but wear Turbans whereby no Foreign Caliphs nor their own Mufti 's can usurp Ecclesiastical Supremacy for whosoever accepts Tradition of a Crown or any other Symbol or token of Investiture lays aside all Titles by Conquest and receives a Kingdom by Contract with the people and takes an Oath to Govern according to the Laws Contracted which Contract if made with Bishops and they have the Power of Tradition of the Crown if we will believe Henry the Second they will impose their own Terms of Supremacy and every thing else which concerns their profit and how Imperious they have been in arrogating to themselves only the Right of Tradition of the Crown I shall only mention one Example in the Reign of Henry the First who after the death of his first Queen Matild married a second called Adelira and when she was to Be Crowned Ralf Arch-Bishop of Canterbury who was to do the Office came to King Henry sitting in his Chair of State asking who had set the Crown on his Head The King answering I have now forgotten it was so long since Well says the Arch-Bishop who ever did it he did me wrong to whom it belonged and as long as you hold it thus I will do no Office at this Coronation Then said the King The insolency of an Arch-Bishop Do what you think good Whereupon the Arch-Bishop took the Crown off the King's Head and after at the intreaty of the people set it on again and then proceeded to Crown the Queen Here appears a great difference between the Tradition of the Crown by a Bishop and by the People for the Bishop arrogates the Right as the Pope by his Spiritual and Ecclesiastical Supremacy and compels the Prince implicity to acknowledg the same by either receiving the Original Tradition or Confirmation of his Crown from him as one that hâ—th power Jure Divino to give it but where it is received from the People or Parliament neither Superiority nor Supremacy is imply'd nor comes in question but only the form of the Contract for Superiors and Inferiors and Equals may all Contract alike and bind themselves alike whether Superior or Inferior without any regard or consideration of the one or the other Then for the Supremacy Spiritual given by Unction by a Bishop they are ever citing their old Popish rule Reges sacro oleo uncti Spiritualis Jurisdictionis sunt capaces Kings anointed with holy Oil are capable of Spiritual Jurisdiction whereby they make an Appearance as if by their Oil they gave Supream Spiritual Jurisdiction whereas in truth they thereby circumvent Princes and make them implicitely acknowledg the Bishop who anoints to be a greater Supream than the Anointed for the Bishop assuming without Miracle or sign of Mission to Consecrate the Oil he thereby prâ—tends he hath Power Jure Divino to Consecrate and Anoint as some Prophets had by Miracle amongst the Jews and then from Christ's Argument Matth. 23.17 19. Anointing safer for Princes by a Lay-hand and with common Oil than with Oil Consecrate Whether is greater the Gold or the Temple which Sanctifieth the Gold the Gift or the Altar which Sanctifieth the Gift infers whether is greater the Temple or Bishop who Consâ—crates the Temple the Oil or Bishop who Consecrates the Oil and whether is a greater Supream the Person Anointed or the Bishop who Anoints and Consecrates the Anâ—inted So it was by pretence of Consecration of Crowns and Oils by which the Pope first and since the Bishop hath usurped Supremacy over Princes and secretly steal the Supremacy of that Spiritual Jurisdiction to themselves which they pretend to give them But where the Tradition of the Crown or Unction is by the People or their Representative the Parliament according to Contract
between them and the Prince they never pretend any such thing as Consecration in either but a civil Contract obliged by mutual Oaths To shew some farther Authority therefore that never any Pope of Rome or Ralf of Canterbury or other Bishop had any Authority from Christ in the New or the Prophets or Priests in the Old Testament to make Tradition of a Crown to any Temporal Prince but the same belonged to the People or their Representative who were to be Subjects It is evident 1. as to Christ John 18.36 His Kingdom is not of this World 2. He never had any Crown but that of Thorns Matth. 27.29 Nor any Robes but the seamless Coat John 19.23 As to the Prophets and Priests in the Old Testament they never made Tradition of any Crown to any King of Israel or Judah but they received them from the People such as wore them and not from any Prophet or Priest for though Nunrod as is already mention'd alledged or feigned before his Usurpation of the first Monarchy that God shewed him miraculously a Crown in the Clouds and Constantine likewise alledged or feigned that God shewed him miraculously a Cross in the Clouds yet never any material Crown or Cross dropt from the Clouds neither doth it appear in Scripture or any History that any material Crown was ever by Miracle made by God or sent by any Prophet or Priest who should have Authority to make Tradition thereof and thereby give Investiture of a Kingdom nor Robes for though Gen. 3.21 God made Coats of Skins and clothed Adam and Matth. 6.30 clothed the Lillies yet it is before said Solomon in all his glory was not arrayed like one of these Which shews though God made the Lillies he made not Solomon's Robes And the Prophet Ahijah 1 Kings 11.30 though he prophesied the Kingdom to Jeroboam gave him neither Crown nor Robes but rather disrobed him for he caught his new Garment he bad on and rent it in twelve pieces and gave him ten of them And they were the People only that gave him the Investiture by Crown and Robes if those Ceremonies were at all used for it is said Cap. 12.20 The People sent and called him unto the Congregation and made him King over all Israel there was none that followed the House of David but the House of Judah only And Verse 24. It appears that this was from God yet were not the Priests hand in it to Crown him for they would not forsake the Sacrifice at Jerusalem which Verse 27. made Jeroboam to fear that if the people should go thither to sacrifice they would again return to Rehoboam and caused him for prevention to set up the two Golden Calves at Dan and Bethel As to the Coronation of Saul and David we find Saul had a Crown for the Amalekite 2 Sam. 1.10 who tells David he slew him saith I took the Crown that was upon his Head and the Bracelet that was on his Arm and have brought them hither unto my Lord. Coronation of Saul not by the Priest but People 1. It appears not that Samuel gave him this Crown neither is it probable for as hath been said before it appears not in any History that God ever sent a material Crown by any Prophet and as to the Jewish Priests Custom they could have none Saul being the first King in that Kingdom and Law they could have none for the Priest to make Tradition of the Crown to the King for Moses mentions no such thing therefore it was done by the People who were of necessity to shew their assent and acknowledgment by some external Ceremony of acknowledgment of their Governor which after the manner of the Nations after whose example they desired to have a King was by Tradition of a Crown and bringing him Presents which Presents appear 1 Sam. 10.27 to be made by the People and not the Priest for it is there said The Children of Belial said How shall this man save us and they despised him and brought him no Presents Coronation of David on a Conquest by himself As to the Coronation of David it was in a Kingdom he obtained by Conquest made by himself by taking the Crown from the Conquer'd King's Head and setting it on his own head without Prophet or Priest or Contract with the People 2 Sam. 12.26 And Joab fought against Rabbah of the Children of Ammon and took the Royal City And Joab sent Messengers to David and said I have fought against Rabbah and have taken the City of Waters Now therefore gather the rest of the People together and encamp against the City and take it lest I take the City and it be be called after my name And David gather'd all the People together and went to Rabbah and fought against it and took it And he took their Kings Crown from off his Head the weight whereof was a Talent of Gold with the Pretious Stones and it was set on David's Head Thus appears Coronation to be over a Conquer'd People Coronation of David on a Contract by the People but when David hath to do with a free People of Judah and Israel it appears he neither assumed the Crown himself with his own hand nor received Tradition or Investiture of any Prophet or Priest of the same but from the People on Contracts mutually agreed Yea not only the Crown but the Anointing it self which signified the Kingdoms was given by the People or which is all one by their Representative in Parliament and not by the Priest as will appear from the Texts following viz. 1 Sam. 16 13. where it is said concerning David when he was brought before Samuel Then Samuel took the Horn of Oil and anointed him in the midst of his Brethren and the Spirit of the Lord came on David from that day forward 2 Sam. 2.4 The men of Judah came and there they anointed David King over the House of Judah And 2 Sam. 5.1 Then came all the Tribes of Israel to David unto Hebron And Verse 3. So all the Elders of Israel came to the King to Hebron and King David made a League with them in Hebron before the Lord and they anointed David King over Israel And 1 Chron. 1.1 Then all Israel gather'd themselves to David unto Hebron And Verse 3. Therefore came all the Elders of Israel to the King to Hebron and David made a Covenant with them in Hebron before the Lord and they anointed David King over Israel according to the word of the Lord by Samuel By which appears first that the anointing by Samuel of David gave him no Investiture of the Kingdom for Saul was then alive but only he prophesied by this he should be King and Successor after Saul's death and by Miracle prepared and made him capable and fit to execute the Office by giving him from that time the Spirit of God which Miracle likewise followed the anointing of his Predecessor Saul 1 Sam. 10.1 to the 12th Verse But
there is no such Miracle ensues from Episcopal Unction or Consecration neither do they shew any sign of Mission to Anoint as Samuel did but every man that is born hath a sign of Mission from God to Contract with that Prince under the protection of whose Sword he happens to be born to yield him Subjection for Protection and to concur with the whole Body of the other Subjects to present him with a Symbol or sign of the same with a Crown or Oil as here the men of Israel and Judah do to David 2. David anointed by his Parliament That the Anointing which gave David the Investiture of the Kingdoms was made by the Representative of the People in Parliament and not by the Priest for it is said That all the Tribes and all Israel and all the Elders which were a Senate or Parliament to treat for the People and make a League and Covenant with the King for it was impossible for him otherwise to treat with so great a multitude as all Israel had they not agreed to Elect a fit Representative for them therefore it is said The Elders anointed David and no mention made of the Priest neither had the Priest any Law of Moses to anoint Kings 3. That as there was no Crown sent David from Heaven for his Coronation whereby Pontifical men might pretend to have the disposing so there was no Oil sent thence for â—is Anointing but he received both from the People And surely the Mission of the Oil of Rhemes thence is as great a Fable as of the Crown of Nimrod or of the Image which fell from Jupiter neither did there need any Consecration of either for by the Customs of most Nations Crowns and Unctions were but civil Ceremonies of Honour given to the Parties which received them not only in Elections of Kings but almost in all other Solemnities as Military Triumphs Olympick and other Games yea even in their ordinary Feasts both of Aegyptians Greeks and Romans Habent Vnctae mollia serta Comae Ovid. Which shews both Crowning and Anointing of their Guests with Garlands or Crowns of Flowers and Unction with Oil of the Olive both which materials though more properly made by God than Crowns of Gold and Oils confected and Consecrated yet were esteemed but as civil Ceremonies and were a ministred by Lay-hands without a Priest And of this civil Festival Honour of Anointing used amongst the Jews as well as other Nations Christ is pleased to take notice Luke 7.36 My Head with Oil thou didst not anoint but this Woman hath anointed my Feet with Ointment And though both Coronation and Unction were but civil Ceremonies and of humane Institution where no Miracle testified a Divine yet is David called God's Anointed more truly than if he had been anointed by the Priest seeing God gave the Priest no Mission but yet himself turned the Hearts of the People by the civil signs of Coronation and Unction to acknowledg David for their Sovereign for which he himself giveth thanks and saith Psal 18.47 God subdueth the People under me 4. That David doth not make a League and Covenant with the High Priest but with his Parliament who were the Convention of Elders who anointed him 5. That though there had been long Civil Wars between Judah who followed David and Israel who followed Isbosheth the Son of Saul and Abner his General was dead and Isbosheth was dead and there remained with him Victorious and Veteran Armies yet neither Judah nor Israel anointed him till he had first made with them a League and Covenant 6. From hence may be discover'd the great Mystery of Iniquity whereby Popes have terrified Emperors and Kings as their Vassals to receive Crowns and Unctions from them which hath been only by persuading That none but Bishops could Crown or Anoint them the manifold mischiefs of which to Princes and People are too long here to be recited only whosoever will consider them will find it clear That Bishops who have pretended or may pretend to so dangerous a Tâ—nent as That none but they have Right to make Coronations and Unctions are no fit Judges of Successions to Crowns They assume in the Judgment of all matters concerning Marririage Filiation Aliment and Succession to be above Appeal to the Kings Courts It hath been already shewn that Bishops by assuming a Power Jure Divino without shewing a sign of Mission and by false translating Scripture and by corrupting and interdicting the Press exercise a Power superior or equal to the Legislative from which doth follow That such as are Legislators or assume or exercise such Power ought not to be Judges Delegate 1. Because Legislation Supream and Judgment Delegate are two distinct Offices and ought not to be confounded 2. Because it is Repugnant that a Legislator should be a Delegate to himself for in Presentia Majoris cessat potestas Minoris the lesser Power is lost in the greater 3. If wrong Judgment happen to be given there can be no appeal but to those who did the Wrong whereby they become Judges and Parties and Judg in their own Case 4 A Power Delegate to Judg without Appeal ceases to be a Delegate Power and is greater than the Legislative which Power that it is assumed by the Bishops in all Matrimonial Causes is the thing next to be shewn Of the abominable Judgment passed by the Common Law Judges in Kennes Case Coke lib. 7.42 whereby they gave away the Supremacy of the King's Courts to the Bishop and made them in all Causes Matrimonial subject to no Appeal Mich. 4. Jac. In the Court of Wards between Thomas Robertson and Elizabeth his Wife Plaintiff and Florence Lady Stallenge Defendant The Case was This Christopher Kenne Esq was seized of the Mannor of Kenne in the County of Sommerset holden by Knights Service in Capite and 37. H. 8. de facto married Elizabeth Stowell and had Issue Martha the Mother of Elizabeth one of the now Plaintiffs and after 1. 2. Ph. Mar. in the Court of Audience between the said Christopher Kenne Plaintiff and Elizabeth Stewell Defendant the Judg there gave a Sentence in these words Pretens ' tractat ' contract ' sponsalia Matrimonium quin verius Effigiem matrimonij inter Christopherum Kenne Elizabeth Stowell in Minore sua impubertatis aetate eorundem aut eorum alterius de fact ' habit ' contract ' celebrat ' fuisse esse eosdemque Christopherum Eliz. tam tempore contractus Solemnizationis dict' pretens ' matrimonij quam etiam continuo postea idem matrimonio pretens ' Solemnizationi ejusdem dissensisse contravenisse Reclamasse Reluctasse ac eo praetextu hujusmodi Pretens ' tractat ' sponsalia matrimonium de jure nullum nulla irritum irrita cassum cassa invalidum invalida minus efficax inefficacia fuisse esse viribusque juris caruisse carere carere debere Nec non Antedictos Christopherum Kenne
Christian And there are too many who say make me a Bishop and I will be a Protestant So did the Bishop of Spalato in late memory leave Italy while Paul the Fifth was Pope because his Ambition was not so high prefer'd as he desired and fled to England and profess'd himself as Protestant and Preached against the Pope but when the old Pope was dead and his Kinsman got into the Chair being not made a Bishop here he return'd back again to Rome and turn'd Catholick again in hope of great preferment there from his Kinsman but in stead of the same they took him and burnt him for an Apostate There want not likewise in the present time Examples of those who profess'd themselves Protestants till not finding there Ambitious expectations satisfied with Bishopricks and other great places have turned Papists in hope to find the same amongst Them 2. If Frame err not too many have been promoted to their Bishopricks by the Moyne and Recommendations of Great Catholicks whose Creatures they were and how unfit Judges of Marriage Filiation and Succession to Protestant Kingdoms such Bishops must be is left to all true Protestants to consider 10. They Judg by Fictions and not by Truth Grant a Judg but liberty to judg by Fictions he will make what Religion what Law what Equity what Justice he pleaseth he will be the only God to be adored and Judg to be feared He will be like the Pope the only Proprietor of the World and justifie his Title to the Sale of Heaven Earth and Hell The Fictions by which Bishops judg Marriage and the mischiefs which insue by them have been most touch'd before As that Intention of minds and not conjunction of Bodies makes Marriage P. 83. 2. That Sponsa before a Priest in a Temple is Vxor ib. 86. 3. That Verba de Praesenti are Facta de Praeterito Futuro P. 84. 4. That Children begot by Adulterers were begot by the Husband if he was within the Four Seas P. 72 73. 5. That two Persons are Transubstantiated into one by the words of the Priest pronouncing them Man and Wife P. 66 67. c. That a Child is not Sib or Kin or of Consanguinity nor a Child to the Father who begot him or the Mother who bare him P. 14 15. 6. There is another Fiction by which they judg not mention'd before which is Benediction of the Priest for it was an old Superstition nursed in the People by the old Pagan Priests That their Wives should be Barren unless they were bless'd by the Priest Hence the old Arabians were wont to Swear by God and the Bellies of their Wives and Mahomet himself Alchor Cap. 4. P. 47. teacheth the same as a most Sacred Oath and Sterility the greatest Curse to be feared And though Jacob teach That the blessing of Children ought only to be asked and expected from God and not from Man and certainly it were in truth the greatest Idolatry to desire or expect that Blessing from the Priest and were to make him God as appears Benediction of the Priest on Marriage a Fiction Gen. 30.1 And when Rachel saw she bare Jacob no Children Rachel envied her Sister and said unto Jacob give me Children or else I die And Jacob 's anger was kindled against Rachel and said Am I in Gods stead who hath withheld from thee the fruit of the Womb But to infuse the like Superstition into the Hearts of Christians for the increase of his gain Soter Pope of Rome decreed No Marriage should be lawful without the Parties receiving the Benediction of the Priest Plat. Func And by a Decree in France all Children born in Marriages not blessed by a Romish Priest are made incapable to succeed to any Goods of Father and Mother Everard 24. The multitude of Pilgrimages to Saints and Idols that is to say to the Priests who keep them and take the gifts of all they can delude to ask of them the Benediction of Children are known Mr. Stopford Paganopap 111. of this Superstition or Idolatry mentions a noted Example Henry the Third King of France sent a Princely Gift to the Virgin of Loretto viz. a worthy Cup to obtain Issue Male by her Intercession a Gift for substance and work most excellent for the Cup it self is of Hollowed Gem at this day called the Azure Stone 'T is also very big and intermingled with Golden Veins the Cover whereof is of turned Crystal set in Gold and adorned with many excellent Jewels in the top of the Cover an Angel of Gold doth hold in his hand a Lilly of Diamonds the Arms of the Kingdom of France which Lilly doth consist of three Diamonds joined together in Gold with admirable Art the Foot of the Cup being Emerald is bound about and supported with Gold and beautified with Pretious Stones and rich Orient Pearls in the bottom of the Foot the Giver and the Cause of the Gift is engraven in manner following O Queen who by thy worthy Son Didst joyful Blessing bring To all the World Bless with a Son The Kingdom and the King Henry III. King of France and Polonia in the Year of our Salvation MDLXXXIV Certificate of a Bishop false St. Germyn lib. 2.69 raises a Question Whether if the true Heir is certified by the Bishop a Bastard as Ten to One if there happen a Contest between two Heirs but he is whether he that is of Council with the Adverse Party may with good Conscience advise his Client to make Use of this false Certificate of the Bishop in which without any Conscience which he so much pretends he saith he may for these Reasons First because it is a Maxime in the Law That a private mischief shall be suffer'd before a publick Inconvenience and the publick inconvenience would be that if the Certificate of the Bishop should not be final then in this Case if another Writ should be after sent to another Bishop in another Action to certifie whether he were a Bastard or not peradventure that Bishop would certifie that he were a Mulier that is to say lawfully begot and then he should recover as Heir and so he should in one self-Court be taken for Mulier and Bastard for avoiding which contrariety the Law will suffer no more Writs to go forth in that Case and suffers all men to take advantage of the Certificate rather than suffer such a Contradiction which in Law is called an Inconvenience The Second Reason he gives is because the Certificate of the Bishop is the higest kind of Trial that is in the Law in this behalf But with due respect to so grave an Author whose failings are rather to be imputed to the time of Popery wherein he was born and writ than to his Person In answer to his Reasons alledged I say first to the Maxim That 't is better to suffer a private mischief than a publick Inconvenience or which is much like it is better one man perish than the
neither granted by God nor a Good Angel for God never sells his Mercies for Money And this was the Theology of Simon Magus a Magician to think the Holy Ghost might be bought with Money to which was made a Tart Answer Act. 8.20 Peter said unto him Thy money perish with thee because thou hast thought that the Gift of God may be purchased with money And Christ gives express Command to his Disciples Missionated by him with Power of Signs and Miracles to do good to the People Matth. 10.7 Go Preach saying The Kingdom of Heaven is at hand Heal the sick cleanse the Lepers raise the dead cast out Devils freely ye have received freely give So Elijah when he had cured Naaman of the Leprosy took no Money of him but punished Gehazi for doing the same 2 Kings 5.20 And Moses when he did provide the Miracle of Manna he did not ask any Money or sell it to those who needed for that had been to have deprived God of thanks for his own Gift And Petrus Quinqueranus Relates That when some Neopolitan Kings had inclosed a place with a Wall which was of great Resort of Poor for the gathering of Manna there that they might be Excluded from gathering unless they paid a Tribute or Impost for the same The Manna suddenly ceased and fell no more and when as the Doors were again set open it fell as before The Place was again the Second Third and many times shut up for Tryal and still when it was shut the Manna fell not at all but when open as at first it Continued to fall Plentifully Camerar Centur. 2. cap. 160. p. 401 402 403. It is not here affirmed That if such as are Preachers or Teachers of the Truth of God receive necessary maintenance for their study and pains in Executing the same unless they pretend to Preach by Inspiration That their Doctrine is from Daemons and not from God for the Labourer is worthy of his Hire and these have not Received their Gift freely but by long study and Paynes but only this is affirmed That if they pretend to any Extraordinary and Miraculous Gift from God or Angels as to be Mediators for Prayers or to keep God under Lock and Key in a Temple and Receive money for Executing the same it is a Manifest sign they have neither their Gift from God nor Good Angels but from Daemons Some that have Writ of Witchcraft say That such as Pray though to God for unlawful things if they succeed and have Their Prayers granted It is a Sign That they have made a Covenant with the Devil for God never grants unlawful Prayers therefore it must be the Devil or Fortune And that a Man may be a Witch yet not know it There being therefore two great Dangers to Pray by a Priest who takes money for his Prayers first That he Prays to Daemons under the Name of God Secondly That he will make unlawful Prayers Quid non mortalia pectora cogit Auri sacra fames Flectere si nequeat superos Acheronta Movebit Should the Doctrine of the Omnipresence spread men would rather Pray to God as Christ Commands in secret and Omnipresentially to whom they may Pray and He Exacts no money of them nor Compels their Consciences to Pray in unlawful Forms or for unlawful Matters rather than Imploy so Chargeable and Dangerous a Mediator who if God is in Person Omnipresent is not only useless but hurtful whereby he will lose all his Money and Hire for his Prayers and the Silver-Smiths of Diana have their Trade utterly spoiled 3 Men would be induced to worship in secret and Omnipresentially to avoid another Danger incident to Prayer by a Priest for the Prayer by a Priest would be in Publick in a Synagogue or Temple which is lyable to a double danger one of Daemons the other of Men to neither of which any Modest or Prudent Petitioner desires to have his Prayers known not to Daemons because he may have Errors and Imperfections in his Prayers which if discovered only to God He is ready to prevent those Dangers he would draw on his own head by his Rash Petitions and like a Father in pity to his Child to forgive them whereas if Discovered to Daemons they if not by God restrained would be ready to grant him success in all the Noxious things he asks to Insnare and Ruin him Not to Men first because for any to confess his private Sins or Enumerate his private Wants or Desires in Publick would but afford matter of Derision to the Heathens Secondly The malice of Men would be apt to wrest all the Words though innocently intended of his Prayers sometimes to Herefie sometimes to Sedition sometimes to Treason it self and the same would kindle the hatred and sometimes provoke the Rage of all Dissentients against him As at Vassy in France Fifteen hundred Protestants being assâ—mbled in a Church on a Sabbath day to Pray and hear the Word of God the Duke of Guise suddenly Compassed the Church with Armed Souldiers himself standing in the Door with a drawn Sword and Cruelly sent his Souldiers who killed all without Distinction of Age or Sex Acts and Mon. 4 Granting the Omnipresence Bishops could not pretend Power to Nâ—ll and Dissolve private Marriage Consummated by Birth of a Child nor separate those at whose Matrimonial Acts God was present as a Witness and Party and thereby joined them not to be put assunder by Man 5 Granting God to be Omnipresent and present in the Internal Sâ—irit and heart of Man and sees and knows thereby all of his thoughts all External Ceremonies of Worship are useless yea the Compulsion to them is the highest Denial of his Internal presence and all the Difference and Distinction taken away how to know the Worship of God from the worship of Men and the Counterfeit Worship from the True for though to the worship of Men External Ceremonies are necessary and the Internal thoughts of the Heart cannot be Express'd to Men but by External acts of the Body yet to God it is otherwise for he being present in the Heart it self it were as Impertinent that the Heart should be Compelled to Pray or Express it's Intentions by External Ceremonies without the Body as to Compel a Vassal when his Prince is in the midst of the House with him to throw his Petiâ—ion out of the Window to be sent to him many Miles off by the Priest who is in the outer Court And as Compulsion to Worshâ—p by the outward Ceremonies of a Priest or a Tempâ—e is unnecessary so is it the way to Compel an Hypocritical and Counterfeit Worship contrary to the Command of Christ Joh. 4.21 Where he talking with the Woman Concerning to the Two Places of Worship the Temple of Samaria and the Temple of Jerusalem Saith Woman believe me the hour cometh when ye shall neither in this mountain nor in Jerusalem worship the Father And vers 23. The hour cometh and now is
them durst adventure seeing Bajezet was of a furious Nature and in his Anger dangerous to be spoken with to mediate in their behalf no not Alis Bassa Charadin Bassa's Son whom of all men he favour'd most There was at that time in the Court an Aethiopian Jester who under some Covert pleasant Jest would often times bolt out to the King in his greatest heat what his gravest Councellors durst not speak to him in secret This Jester Alis Bassa requested to devise some means to entreat the angry King in behalf of these Judges promising to give him what he would desire if he could appease the Kings displeasure The Aethiopian without fear undertook the matter and presently put on his Head a rich Hat all wrought over with Gold and accoutred in all other his Cloths suitably presented himself before the King with a great counterfeit Gravity whereat Bajazet marveling asked him the cause why he was so Gay I have a Request unto your Majesty said he and wish to find favour in your sight Bajazet more desirous than before to know the matter asked what his Request was If it stand with your pleasure said the Aethiopian I would fain go as your Ambassador to the Empeperor of Constantinople in hope whereof I have put my self in this readiness To what purpose wouldst thou go said Bajazet To crave of the Emperor some Forty or Fifty of his old grave Monks and Friers to bring with me hither to the Court. And what should they do here said Bajazet I would have them placed said the Jester in the rooms of the old doteing Judges whom you intend as I hear to put to death Why said Bajazet I can place others of my own People who are better in their rooms True said the Aethiopian for Gravity of Look and Countenance and so would the old Monks and Friers serve as well but not so learned in the Laws and Customs of your Kingdom as are those in your displeasure If they are Learned why do they then contrary to their Learning pervert Justice and take Bribes There is a good reason for that too said the Jester What reason said the King That can he that there standeth by tell better than I said the Jester pointing to Alis Bassa who forthwith commanded by Bajazet to give the reason with great Reverence first done shewed that those Judges so in displeasure were not conveniently provided for and were therefore enforced many times for their necessary maintenance to take Rewards where they could get them to the staying of the due course of Justice which Bajazet understanding to be true commanded Alis Bassa to appoint them convenient stipends for their maintenance and forthwith granted their Pardon Whereupon the Bassa set down Order That of every matter in Suit exceeding One Thousand Aspers the Judges should have Twenty Aspers which Fees they yet take to this day Whence may be Observed 1. That to place Judges in Courts to undergo the incessant labours of hearing multitudes of Causes and not to allow them honourable maintenance is the ready way to make men of ordinary Principles Freebooters and to take the Prey for themselves So the meanness of the Salary in Russia being but an Hundred Marks per Annum makes the Judges extream Extortious on the People 2. That those who buy either Judicial or Ministerial places in Judicatories must sell again and the sale of either is contrary to the Law of God and of infinite Damage to the Publick turning the weights of Justice to the false weights of Merchandize as says the Poet Ergo Judicium nihil est nisi publica Merces Quid faciunt leges ubi sola Pecunia Regnat 3. That the Basha when he was appointed to provide the Judges maintenance by stipend providing the same by Fees made them worse then before and gave them a pretence to take Bribes of the People under the name of Fees and there are none more corrupt Judges for Bribery than the Turks to this day and well they may if they take Fees Neither Judg nor Minister to take Fees but Salary It was the Ancient Law of England that none having any Office concerning the Administration of Justice should take any Fee or Reward of any Subject for the doing of his Office Coke 2. part 176. and by the Statute Westm 1. cap. 25. neither Judicial nor Ministerial Officer as Sheriff Escheator Coroner Bailiff Gaoler Clerk of the Market Aulnager nor other inferior Minister or Officer of the King whose Offices do any way concern the Administration or Execution of Justice or the common good of the Subject or the Kings Service but shall be paid of what they receive from the King on pain the Offender against this Act shall pay double Damages of the Plaintiff and shall be otherwise punish'd at the Will of the King Marrying for Fees contrary to the Laws of God and of the Land By which appears that the Episcopal Judging of Marriage Filiation Aliment and Succession for Fees and the granting of Licenses of Marriage by Bishops and taking of Fees by a Priest for Banns or Marriage of any Persons in a Temple or elsewhere is wicked abominable and contrary to the Laws of God and Fundamental Laws of the Land and they ought to be punish'd for doing the same and had not Bishops corrupted the true Doctrine of Gods Ordinance of Marriage to obtain Fees and other covetous and ambitious Ends Men had at this day Married according to the Moral Law of God and not the Ceremonial Laws of Priapus and Venus The Inconveniences which ensue Judges and Ministers taking Fees are 1. As Coke saith 2 part 210. When neither Judges or Ministers had any Fees then had they no colour to exact any thing of the Subject who knew they ought to take nothing at all of them they being maintained by Salary from the King but when some Acts of Parliament changing the Rules of the Common Law gave to the Ministers of the King Fees in some particular Cases to be taken of the Subject whereas before all their Office was done without taking now no Office at all is done without taking and a gap being once open'd there was after no bounds to the breach so it causeth Oppression 2. It causeth corruption of Justice for if a Judg take Fees it is from the Plaintiff and Defendant and he will sell Justice to him who gives him the greatest but if he take a Salary he takes it from the Publick and will be for the Publick good and not partial to the Parties 3. The Publick by giving the Salary and receiving the Fees increases the Publick Treasury for the vast Income of Fees far exceeding the Merits of the Judges and Officers it is just the overplus should be applied to discharge Publick Burdens and not to fill private Pockets and what was unequally shared amongst Officers ignorant and idle by way of Fees The English in Scotland turn'd all the Fees of Courts into
deliver'd to the Lords and if the King and the Lords agree to the Bill without changing it then they use not to endorse the Bill but the same is deliver'd to the Clerk of the Parliament to be Inrolled and if it be a Common Bill it shall be Inrolled and enacted but if it be a particular Bill it shall not be Inrolled but Filed on a File and it is well enough but if the Party will Sue to have the same Enter'd for his better Security it is well enough it may be Inroll'd and if the Lords will alter the Bill that which may stand with the Grant of the Commons shall not be deliver'd back to them as if they will grant Tonnage and Poundage for Four Years and the Lords grant them only for Two Years this shall not be redeliver'd to the Commons because 't is consistent with their Grant but if Vice Versa the Commons grant for Two Years and the Lords for Four then the same must be redeliver'd to the Commons for their Assent c. Faukes Sir the Case was thus The Bill was put into the Commons after the Feast of Pentecost which was in Parliament time and the intent of the Bill was That the Proclamations should last till the Feast of Pentecost then next ensuing which was Anno 1452. but every Bill of Parliament shall have Relation to the first day of the Session of Parliament though it be put in at the latter end therefore the Lords granted according to the intention of the Bill Prisot Are you certain that the Bill was deliver'd after the Feast of Pentecost which was in Parliament time or not Faukes Truly I do think so c. Markham Do you use to make Inrollment of the Day when you first receive the Bills Faukes No Sir Markham Verily this is a Perilous thing for the Court of Parliament is the Most High Court the King hath and it were well done if every Act and Thing there done which is material and reason of it were Inrolled c. For in this Case if the Bill pass'd the Commons and the Lords in the manner aforesaid before the Feast of Pentecost then the Act is void because of the variance of the Endorsement of the Day by the Lords c. From the Bill c. And it was not redeliver'd to the Commons but it was deliver'd after the Feast of Pentecost then it seems they are agreed for all is one day wherefore this matter cannot determine one way or the other by your Record who are the Clerk c. And now we can give no other credit to what is said but that the Bill was deliver'd the first day of the Parliament c. Fortescue This is an Act of Parliament and we will be well advised before we make void any Act of Parliament and peradventure the matter ought to rest till the next Parliament and then we may be certified by them of the certainty of the matter but however we will be well advised what to do c. This Fiction and the Inconveniences of the same are very well Reformed by an Act of Parliament of Scotland Jac. 6. P. 7. Cap. 121. FOrsameilk as it is understand to the Kingis Majestie and Threé Estaites of Parliament that oftentimes Doubtes and Questions arisis touching the Proclamation of the Actes of Parliament and Publication thereof it being sometime alledged by the Lieges that they are not bound to observe and keép the samin as Laws nor incur ony paines conteined therein quhill the same be Proclaimed at the Mercat Croces of the head Burrowes of all Schires For remeding of quhilkis Doubts in time cumming It is Statute and Ordained be our Soveraine Lord and Estaites of this present Parliament That all Actes and Statutes of Parliament maid at this time and sal happen to be maid at onie time hereafter sall be Published and Proclaimed at the Mercat Croce of Edinburgh only quhilk Publication our Soverain Lord and Estaites foirsaidis decernis and declaris to be al 's ratiable and sufficient as the samin were Published at the head Burrowes of the haill Schires within this Realm And alswa declaris the haill Lieges to be bounden and astricted to the obedience of the saides Actes as Laws Forty Dayes after the Publication of the samin at the saide Mercat Croce of Edinburgh being by-past Fictions of Members of Parliament Resident and Native By the Statute of 1. H. 5. cap. 1. It is Enacted That the Knights of the Shires which from henceforth shall be chosen in every Shire be not chosen unless they be Resident within the Shire where they shall be chosen the day of the date of the Writ of the Summons of the Parliament and that the Knights and Esquires and others which shall be choosers of those Knights of the Shires be also Resident within the same Shires in manner and form as is aforesaid And moreover it is Ordained and Established That the Citizens and Burgesses be chosen of the City and Burrows Men Citizens and Burgesses Resiant dwelling and Freé of the same City and Burrows and no other in any wise And as though this were not sufficient for Excluding Foreigners from Elections It is Enacted further by 23. H. 6.15 That the Knights of Shires for the Parliament hereafter to be chosen shall be notable Knights of the same Counties for the which they shall be chosen or otherwise such notable Esquires and Gentlemen born of the same Counties as shall be able to be Knights So by these two Acts of Parliament it is Enacted None shall be chosen for Knights of Shires but such as are both Residents and Natives of the Shires for which they serve Acts of most high Wisdom and Justice but alas now both Residents and Natives being in practice only turned to Fictions what defence are they to the Subjects in what all they have is concerned the Election of an equal and faithful Representative against the Two Hundred Thousand Pounds discover'd in the Letters of the late Horrible Popish Plotters to pois on all the Elections of Parliament-men through the Kingdom by buying of their Places to Papists and their Adherents Pensioners to Rome and France to sell the most Protestant King Religion and Three Kingdoms for a Spoil to Foreiners and to place such Sheriffs as may in tendency thereto by Fictions of their Returns that the Free-holders Vt major pars totius Comitatus praedict ' tunc ibidem existen ' jurat ' examinat ' Secundum vim formam effectum diversorum statutorum inde edit ' provisorum Eligerunt A. B. milit ' C. D. milit ' infra Comitat ' praedict ' commorantes c. Now if these Knights are not infra Comitat ' praedict ' commorantes Residents of the County and Secundum vim formam effectum Statutorum c. Especially of the 23. H. 6.15 Natives of the County this Return is Fictitious and False and utterly unlawful contrary to the Sheriffs Oath and for which
for State-Assairs So of the Grisons Yet do the Cantons remain in the nature of several Commonwealths with several Laws and Customs which Union is very imperfect Livy lib. 2. complains of this defect of Union of Councils in Rome and saith Profecto si essent in Republica Magistratus nullum futurum fuisse Romae nisi publicum consilium nunc in mille Curias Concionesque cum alia in Esquiliis alia in Aventino fiant Concilia dispersam dissipatam esse Rempublicam And by this doth Tacitus confess it was that Rome Conquer'd Great Britain Nec aliud adversus validissimas gentes pro nobis utilius quà m quod in commune non consulunt rarus duabus tribusque Civitatibus ad propulsandum commune periculum conventus ita dum singuli pugnant Vniversi vincuntur Neither saith he was there any thing so profitable for us against the most valiant Nations as that they had no Common Council a rare matter it was amongst them to have a Convention of Two or Three Cities against the common danger so while they every one fought single they are all Conquer'd Whereas if Great Britain had been then united under one King and one Parliament of the whole Island they perhaps might have as well said of his second Landing as of his first Territa quaesitis ostendit terga Britannis So doth Justin mention of the States of Greece every one of them had at last their Councils apart and fought single whereby one after another they were all overthrown What hath United the Heptarchy of the Saxons and the mixture of Danes inseparably but the equal Mission of their Representatives to the same Parliament and what did Unite the Noble Remainder of Britains to England but the Statute of 27. H. 8.26 Enacting That all Persons born in Wales should enjoy all Liberties Privileges and Laws as other Subjects in England do and should send their Knights and Burgesses to the same Parliament with them The Glory of a King is the multitude of his People and what more Glorious for a King who hath the Royal English Scotish Irish and British Blood United in him who is the Head than to have the same United in his Parliament who is the Body Let it not offend if I mention here the late Experience of Union of the Three Parliaments in one House by the late Usurper seeing we are commanded to learn Wisdom though from the Serpent and if he under so great disadvantages of Opposition made great Benefit the lawful Prince may make far greater thereby and his Subjects likewise by his Favour participate of the same I cannot deny that it was my Fortune though I never sought it to be chosen for a County and to serve in that great Convention at Westminster Anno 1656. called then a Parliament wherein the Parliaments of England Scotland and Ireland were Convened and United in One with the same facility as they are Convened to sit in Three Places and there being then a War designed against Spain it was wonderful to see with what Expedition and Courage all things were moved towards the Design and what an Endearment it was between the Three Nations to meet be acquainted eat drink and converse together about the Common Concernments Having consider'd so far of the great Benefits of an Union of the Three Parliaments of the Three Kingdoms in One it may not be amiss next to consider the Requisits necessary to perfect the same 1. Whether an Union of Crowns be necessary to perfect an Union of Parliaments and Kingdoms It seems for the Affirmative 1. Because where the Natural Person of a King is One if the Politick Person or Capacity is not made One the one Politick Capacity may be divided against the other in the same Natural Person as on the Succession of King James to Queen Elizabeth the Queen of England had declared War against the King of Spain the King of Scotland was in Peace with them so in the diverse Rights of Two Crowns there was War and Peace at one time between the same Persons the like Doubts may arise Whether the Royal Assent may pass contrary Politicks Acts and Laws in the Parliament of one Nation to what he hath pass'd in the other in reference to the contrary Rights of each Crown Whereas if both are consolidated and made one no contrariety of Acts can happen 2. It is as dangerous to have Two Crowns as Two Marble-Chairs for they may be kept in several places and the more easily may an Usurper happen on the possession of one of them and the Vulgar be deluded to think Possession of those Signs of Supreme Honor to be equal to the Right and besides that a Fatality will follow them 3. Seeing it hath pleased God to make the Head of the Three Kingdoms One men ought to follow his Example and make the Crowns One 4. The continuance of several Crowns is apt to continue a perpetual memory of Hostilities between the Kingdoms 2. Whether an Unity of Protestant Churches is necessary to an Union of Protestant-Kingdoms It seems for the Affirmative Because if Protestant-Churches divide one against another the Kingdoms will be a Prey to the Papist and the Protestant will have none to Unite 3. Whether permission of Protestants to Excommunicate Protestants is consistent with the Unity of Protestant-Churches Neg. If the Pope Excommunicate Protestants it Unites them the firmer but if they Excommunicate one another they denounce War and destroy one another with their own hands and leave the Spoils to be divided by the Pope An Elegy on Protestants in the late Civil Wars Excommunicating Protestants LVgeat in trisidis jam moesta Britannia flammis Et doleat jam fulminibus percussa trisulcis Intonuit falsus nebulosa Tibride Petrus Et Magicis stolidum perterruit Artibus Orbem Piscator Twedae retonat multisque cachinnis Rupibus ingeminans sua fulmina misit ab Altis Becketi Lemures contra hunc torsere minaces A Thamisi gelidas Vulcania tela per auras Heu non Oceanus circum vaga Littora fusus Nec freta compescant tantis ardoribus ignes Risit Romanus Tarpeia Rupe Tyrannus Cumque suis inquit sese immisere Gebennis Pontifices Britonum per mutua vulnera tandem Ne sic deficerent inferno gurgite flammae Ipse super terram viventes igne cremabo Ecce jocum mintrat mus rodens Rana coaxat Et cum limosis ineunt certamina juncis Milvus spemque suam motis circumvolat alis Ipse paludosam sic vellem carpere Ranam Et sic ridiculum vellem discerpere Murem Englished LET Britain mourn who burns in triple Fires And struck with threefold Thunder-bolts expires A Peter false from Tyber in a Cloud By Magick Art did Thunder it aloud The Fisher-man of Tweed with many Mocks Return'd his Thunder double from the Rocks Proud Beckets Ghost ' gainst him from Thames broke forth And with Vulcanian Darts fired the North. What Ocean which her wandring Shores doth drench Or
nane against quhome the Process beis led be received in the Kings Castle or Place or in his Presence nor admitted to Councel or Parliament heard nor answer'd in the Law of Judgment of Fee and Heritage or uther Causes bot ever Eschewed as Cursed unto the time the said Persons cum to amendis and assyith the Party and obteine Absolution in Form of Law And Jac. 6. p. 3. cap. 53. in the Kings Minority an Act was got by the Kirk ' That all Excommunicate Persons not Conforming ' in Forty Days should be denounced Rebels and put to the Horn. The English Commissioners in the said late time of the Troubles had Instructions to take from the then Kirk such Letters of Horning and not to assist any Excommunication with the Temporal Sword which we performed accordingly The King of Spain joined with Tyrone and the Rebels in Ireland against Queen Elizabeth And Don John de Aquila Landing in Ireland with 4000 Spaniards intitled himself Master-General and Captain of the Catholick King in the Wars of God for holding and keeping the Faith in Ireland only on pretence of Excommunication Sextus Quintus the Pope of Rome on the Invasion prepared by Spain against England Anno 1588. sent out his Crusado as if against the Turks and having pass'd Sentence of Excommunication and Deprivation by his Bulls against Queen Elizabeth promising Pardon of Sins Heaven and Eternal Life to all who di'd in the Invasion 1. To grant a Pope or a Bishop Power to Excommunicate Protestant-Subjects is to grant him Power to Excommunicate Protestant-Kings 2. To grant him Power to Excommunicate Protestant-Kings is to grant him Power to Levy Money Raise Soldiers Denounce War and Depose them 3. Of the Dilemma of Danger threatning Princes who seek Security of Goverement from the Excommunication of Popes or Bishops either over a People Religious or Superstitious 4. Of the Impossibility of Security for Princes unless their Subjects are Educated or Instructed to be free from the Superstition of Excommunication and to contemn it 5. Of the Impossibility of obliging Popes or Bishops either by Benefits or Oaths Excommunication is as Proscription made a pretetence of Confiscation without shewing cause The Romans saith Aman. Marcellus proscribed Ptolomy the then King of Cyprus being their Confederate for no fault only they wanted Money in the Treasury who therefore poison'd himself and the Isle became Tributary to the Romans In the like manner do Popes and Bishop fall on the Richest with their Excommunication to fill their empty Purses Pope Gregory the Tenth Commanded Percham Arch-Bishop of Canterbury to pay him Four Thousand Marks within Four Months on pain of Excommunication So Excommunication is a ready way to Levy Money for War Anno 1230. The Pope having Excommunicated the Emperor the Emperor was fain to pay for his Absolution an Hundred and Twenty Thousand Ounces of Gold Plat. Nam Anno 1231. The Emperor for memory of this hard Penny-worth for his Absolution put into a Pool at Helbrand divers Pikes and other Fishes with Brass Rings having Inscriptions of his name and the Year of the Lord one of the Fishes was taken up 267. Years after Ann. Suev Calv. Henry the Second after that Traitor Beckett the then Arch-Bishop of Canterbury had been Slain though not by the Kings Command was enjoined amongst other things this Slavish Penance He walked Three Miles bare-foot on the sharp Stones that he at length had so cut his Feet they marked the ground with Blood every step he went And after this which was worse than Running the Gantilope he Received of the Priests Monks Bishops and Abbots on his naked Flesh so many Jerks with Rods Oh brave Pedants and Pontifical Government for Princes as according to Baronius amounted to at least Fourscore Lashes which doubtless was the Number the Jew administred to the vilest Rogues lest their Brothers should be despised in their Eyes and not heard to have been Exercised in their Eyes and not heard to have been Exercised on the Priests Bishops and Abbots themselves though they kill'd and murder'd many Lay-men without Law or Justice they incur'd only a deprivation and instead of Hanging which they deserved sometimes no more than a suspension Temporary ab Officio In the time of King John Anno 1211. The Pope Excommunicated him and gave the Kingdom of England to the King of France Paris Wend. The Pope Excommunicated Henry the Eighth and gave the Kingdom Primo Occupanti Queen Elizabeth was Excommunicated by Three Popes Pius Quintus Gregory the Thirteenth and Sextus Quintus Anno 1308. The Pope Excommunicateth Andronicus Emperor of the East and setteth up the King of Russia against him Bzou So he dealt alike with the East and Western Emperors Excommunications have brought the Venetians to extreme Straights formerly therefore they are yet no Friends of it Dandalus Duke of Venice was compell'd by Pope Clement the Fifth to Crouch under the Table Chain'd like a Dog before he could obtain Peace for the Venetians The Pope Excommunicated John King of Navar and Granted his Kingdom to the Spaniards Nicephorus Phocas Emperor of the East was Excommunicated by Polyeuchus then Patriarch of Constantinople because he had been God-father to a Child of Theophania Wife to his Predecessor and after his Predecessor's Death Married her Pope Zachary deposed Chilperick the French King and gave the Crown of France to Pepin The two French Kings H. 3. and H. 4. who were Assassinated had great Guards whereby it appears though Princes may secure themselves in Vaults and Caves from Thunderbolts yet can they not against the Bishops of Romes Ignis Fatuus of Excommunication but that to Assault them Per medios ire Satellites Et perrumpere amat saxa potentius Ictu fulmineo Eight Emperors were Excommunicated by Popes who were these Frederick the First Frederick the Second Philip Conrad Otho the Fourth Lewes of Bavaria Henry the Fourth and Henry the Fifth The Emperor Henry the Fourth Fought in Threescore and Two several Battles and had for the most part Victory he was Excommunicated by the Pope and to obtain his Absolution came Three Days together bare-foot to the Gates of the City Canusium where the Pope then was and with much difficulty obtain'd it The Catholick Majesties of Spain cannot secure themselves from Excommunication without Money nor their great Vice-Roys in America for a Rebellion was Raised in Mexico by the Arch-Bishop there Excommunicating the Governors the People by Superstitious Episcopal Education made more afraid of the Counterfeit Power of the Keys than of the true Power of the Sword and will side in Rebellion with the Bishop against the Secular Governor men may talk therefore and believe what they please that the Supremacy of the Temporal Sword is Consistent with the Spiritual of Excommunication but when it comes to Trial amongst a Superstitious People they will be very much deceived and perhaps Ruin'd Bzovius de Pont. Roman 611 612. to maintain the Power That the Popes may depose Kings
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
John Stratford Arch-Bishop of Canterbury on whom the King likewise laid the blame of his Wants writes a proud Letter to the King and desired him and his Council without delay to deliver the said Prisoners otherwise he plainly writes That according to his Pastoral Charge he must proceed to the Execution of the Sentence of Excommunication concluding how notwithstanding it was not his Intention to include the King Queen or their Children so far as by Law they might be Excused It was well for the King he was in the head of a brave Army in France for if he had been single as his Father was they who durst Menace him amongst all his Forces in the Field if he had lost the Day as his Father did were as likely to bring him for a French Pension to as miserable a destruction as they brought his Father but by Gods Providence he proved afterward Victorious but first Replied by another Letter to the Arch-Bishop That Relying on his Council he was first put on the Action of the French and that he had promised and assured him he should not want Treasure to perform the work and that notwithstanding by the negligence and malice of the said Arch-Bishop and his Officials those Provisions Granted him by his Subjects in Parliament were in so slender proportion Levyed and with such delays sent over as he was pressed of necessity to his great Grief and Shame to Condescend to the late Truce with the French though extreme Wants charged with mighty Debts forced him to throw himself into the Gulf of the Usurers in such sort as he began to look into the Dealing of his Officers some of which upon apparant notice of their ill Administration of Justice their Corruptions and Oppressions of his Subjects he removed from their Places and others of mean Degree he Committed to Prison and there detained them to the end he might find out by their Examinations the truth of their Proceedings Then he charges the Arch-Bishop with his own Corruption and declares how himself being under Age had through his ill Council made so many Prodigal Donatives prohibited Alienations and excessive Grants and Gifts that thereby his Treasury was utterly Exhausted and his Revenues diminished and how the Arch-Bishop corrupted with Bribes Remitted without reasonable cause great Sums which were due unto him applying to his own Use or Persons ill deserving many Commodities and Revenues which should have been preserved for his necessary Provisions and concluded Unless he desisted from his Rebellious obstinacy he intended in due time and place more openly to proceed against him and the King before the Arch-Bishop Submitted caused a Letter to be sent to the Pope from the Parliament not to make any more Collations of Benefices in England and prohibited them on pain of Death on any that should present or admit them which Resolute slighting of Excommunication both from Arch-Bishop and Pope though in the very time of War with France made the Pride of the Arch-Bishop stoop and with much ado got himself Reconciled to the Kings favour for which the King was bound to thank God and not the Pope or Bishop who gave him that Victory and Success against the French as neither Pope or Arch-Bishop dared to Excommunicate him Against Richard the Second one of the Articles brought against him to have him deposed was That whereas the Realm is immediately holden of God after he had obtained divers Acts for his own particular Ends he obtained Bulls heavy Censures from Rome to observe and perform them contrary to the Honour and ancient Privilege of this Kingdom whereby appears That even in a time of Popery the Assistance of the Pope and Bishops which were included in it was so far from being a Protection to the King that it was Destructive to him much more is the Assistance of Bishops likely to be Destructive rather than a Safety in a time of Protestancy The Bishop likewise Concurr'd with the rest and accused him That he had taken Money Jewels and Plate from them at his going into Ireland Bishops accuse R. 2. for Trifles to Depose him so far were they from seeking to preserve the Kings Life with those Superfluities of theirs where they could keep them and their Bishopricks together that they shewed their Fidelity to their Native King by endeavouring to destroy him For such Trifles divers other Articles were laid against him in behalf of the Bishops by whose doing only the King was utterly undone Truss 46. And not one of all the Bishops in England or Ireland spoke so much as one word to preserve their Native Sovereigns Life but only one namely Thomas Mercks Bishop of Carlisle Dilemma of danger from Excommunication As to the Dilemma a Prince falls under in expecting safety of Government from the Power of Excommunication of Popes or Bishops either the greater part of his Subjects will be Religious or Superstitious if Religious they will so easily see through the Superstition of Consecration and Excommunication as it will rather Irritate and Provoke them as it did in the late unhappy Civil Wars but if Superstitious will the Pope or Bishop make Use of the great Interest and Strength they gain thereby in the People to advance their pretended Spiritual Sword above the Temporal and their own Supremacy above Temporal Kings and Princes which if Resisted by the Princes of such Subjects hazards their being Deposed and losing Kingdoms and Lives together as appears by the Examples before Recited In the same danger is a Prince who Trusts a Temporal Officer whether Treasurer or other with too much Power of Money as Theocritus Anno 518. caused Amantius an Eunuch to give Justin Amantius the General of the Army a great Sum of Money to give the Soldiers to choose Theocritus Emperour but Justin distributed it for himself and so obtained himself the Empire The Western Emperours first raised the Popes to that height as to Excommunicate the Eastern Emperours the succeeding Popes to return their Advancers due thanks Excommunicated after the Western Emperour The French Kings assisted and after raised the Popes to such height that they Excommunicated Deposed and Poisoned the Western Emperour after by the same Power the French King gave them in thanks they Excommunicated and Assassinated the French Kings The Princes of Sicily and Naples had been mighty defendors of the Papacy but when they had made it mightier than themselves the Succeeding Popes took from them their Sovereignty to themselves As to the Impossibility of Safety of Princes amongst Subjects Educated in fear of Excommunication Subjects Educated in fear of Excommunication dangerous to Princes It is to be Noted as well from the Testimony of approved Authors as from the Scripture it self that amongst the Primitive Christians those who are now called Bishops but in the Original word signifie only Overseers were Parochial Bishops or Overseers and not Provincial and that they were the same with Presbyters and differ'd not in
Authority from them and that they were chosen and called by their several Congregations or what is all one Cities or Parishes and not by the Emperor or Prince till Constantine to corrupt them under pretence of prevention of Schisms and Heresies which he thereby encreased took away the free Election of the People of their Pastors which they had always before enjoyed to make them Pensioners and the Christians Mercenaries to Fight all their Quarrels Right or Wrong That Presbyters were only Parochial and not Provincial is not doubted That Bishops were all one with Presbyters and therefore were Parochial and not Provincial A Bishop and a Presbyter all one is proved first by the Authority of Jerome who saith ad Tit. Cap. 1. That a Bishop and Presbyter was all one And that it may not depend solely on humane Authority this is proved by the words of Paul to the Philippians Chap. 1. 1. Paul and Timotheus the Servants of Jesus Christ to all the Saints in Christ Jesus which are at Philippi with the Bishops and Deacons Grace be unto you and Peace Now Philippi is one of the Cities of Macedonia and in one City there could not be many Bishops unless they were Parochial and not Diocesan or Provincial and the same the Presbyters were Acts 20.17 It is said Paul from Miletum sent to Ephesus and called the Elders of the Church and verse 27. he saith to them For I have not shunned to declare unto you the whole Counsel of God Take heed therefore unto your selves and to all the Flock over the which the Holy-Ghost hath made you Bishops to feed the Church of God which he hath purchased with his own Blood For I know this that after my Departing shall grievous Wolves enter in among you not sparing the Flock Here appears that the same Persons whom Paul first verse 17. calls Elders Presbyters of Ephesus he after in the same Chapter verse 27. calls Bishops or Overseers And 1 Pet. 5.1 The Elders which are among you I Exhort who am also an Elder and a Witness of the sufferings of Christ and also a partaker of the Glory which shall be revealed Feed the Flock of God taking the oversight thereof not by constraint but willingly not for filthy Lucre but of a ready mind Neither as being Lords over God's Heritage but being Examples to the Flock From which Scripture appears 1. That the great Apostle Peter himself from whom the Bishop of Rome pretends his Succession to Imperial Supremacy Bishops ought not to be Lords calls himself no more than an Elder or Presbyter and that he had other Co-presbyters with him 2. That these Presbyters who are now call'd Bishops ought not to be Lord Bishops for the words are they are not to be Lords of Gods Heritage In one Chapter of Mahomets it is forbidden to all Persons of what Quality soever to call themselves in any sort Lords except the great Caliph or great Bishop the Successor of Mahomet who at the first was the only Lordly Monarch and Lord of all giving unto Kings and Princes their Principalities and Kingdoms during pleasure untill that the Ottoman Princes the Cundes and the Kings of the higher part of Asia and Africk by little and little Exempted themselves out of their Power by Reason of the Division between them and the Anti-Caliphs Bod. 203. 3. That they ought not to have Temporal Baronies for they are not to take charge of Souls for filthy Lucre but of ready mind 4. That they ought neither to Counterfeit a Nolo Episcopare when they take Baronies nor to Refuse the Charge of Souls when they have none for the words are not by constraint but willingly Cranmer That Bishops were Presbyters and chosen by the Parish And it is likewise acknowledged by that Pious Protestant Martyr Arch-Bishop Cranmer though he were a Provincial and chosen by the King himself yet That amongst the Primitive Christians the Bishops were chosen by the Congregations and were all one with Presbyters From all which Premises these Sequels follow 1. That if a Bishop were chosen by his City or Parish he came not in Jure Divino but by human Election and was only a Servant and not a Lord of the City or Parish 2. That he had no Sign of Mission from God unless he had a Gift of Miracles 3. That he could not Excommunicate any of his own Parish for the Inferior cannot Excommunicate the Superior and Electors are Superiors to Persons Elected and the Host is Superior in his own House to the Guest and he who gives the Pension to the Pensioner Bishops cannot Excommunicate 4. That a Bishop Elected by the People cannot on Excommunication deliver any Person to Satan without the Gift of Miracles as a Sign of Mission for Nemo potest plus Juris ad alium Transferre quà m ipse habet the Electors themselves had no Power to deliver to Satan therefore Bishops Elected by them cannot without Miracle 5. Though he hath the Power of Miracles to deliver the Body to Satan he cannot deliver the Soul nor can he have any Sign of Mission to do the same for that is a Prerogative inseparable from the Person of God to send the Soul to Heaven or Hell and Inter insignia imperii which cannot be Delegated 6. That as a Bishop cannot Excommunicate a Citizen or Parishioner who Elected him so he can much less Excommunicate a King or Interdict a Kingdom who if he had any Jurisdiction at all can be no greater than within the Petty Bounds of his City or Parish and cannot extend to Empires or Kingdoms 7. That he can give no Consecration or Ordination to a Bishop or Priest for where the Office ought to go by Election of the People it cannot go by Ordination of the Bishop and where it goes by human Election it cannot go by Consecration and after the Gift of Miracles ceased both the Election by Missioners from God and Consecration and Ordination likewise ceased Subjects free from Superstition the safety of the Prince 8. That 't is a great Safety to Princes to have their Subjects well Educated and Instructed against the Superstition and Popery of Consecration Ordination and Excommunication of Bishops and Priests for by this only means we see the Grand Seignior though he Tolerates a multitude of Sects and Religions in his Empire yet he is endanger'd by none because all Mahumetan Priests are chosen by the Parish and though they are in great Reverence of the People yet they have neither Consecration nor Ordination but continue as perfect Lay-men as our Ordinary Clerks of our Parishes and much less have they Power of Excommunication or Absolution but Preach That those that Fight Valiantly and Die in the Field for their Prince and Prophet go to Paradise and who slie Cowardly go to Hell whereby none of his People are Educated in the Superstition of Pontifical Excommunication and therefore fear it not but deride it And for the Greck
Patriarchs and Bishops they dare not Excommunicate an Emperor of such a People who Contemn their Excommunication and would Revenge it on themselves if they should presume to make a vain noise with it Christ commands Wisdom to be learnt of the Serpent and the experience of all Ages witnesseth to whosoever will but consult Histories That there was never any Prince Gentile or Jew Mahumetan or Christian who admitted near his Throne Episcopal or Pontifical Consecration Ordination or Excommunication could that remain He or his Posterity secure or not Ruin'd or Plagued by those Devils Transformed which he Superstitiously or Impudently had Raised against himself or them as may sufficiently appoar by the Examples before Recited Presbyters independent Lastly 9. If Parochial Bishops and Presbyters were Elected by the Congregations or several Parishes these were Independents in the Primitive Christians time and no Prelacy was amongst them for though the Cities or Parishes in greatness might exceed one another in greatness and in Precedence yet the Presbyters Elected were as Independent one of another as Members of Parliament Elected from great and small Shires As to the Impossibility of obliging Bishops by Oath Bishops not to be obliged by Oath It is impossible to oblige those by Oaths who claim to be Judges of Oaths and Perjury as all Bishops do and their Spiritual Courts for how many and easie pretences will they find to Evade and Nullifie them sometimes a Parte Ante Force or Circumvention sometimes matter Ex post Facto that though at first Law yet by new matters since arising the same is became unlawful to be kept So grant a Bishop the Jurisdiction of Perjury he will never Judg himself guilty of it nor any Subject who breaks his Oath of Allegiance to the King in obedience to the Bishop and the rather because he is not bound to shew any Cause or Reason of his Judgment neither as Coke will have it to be question'd in the Kings Courts of what he hath the Jurisdiction 25. H. 8. Cap. 19. The Clergy Promise the King in verho sacerdotii that they will never her ceforth Praesume to attempt alledge claime or put in ure enact promulge or execute any Canons Constitutions Ordinance Provinciall or other or by whatsoever other name they shall be called in the Convocation unless the Kings most Royal assent may be to them had and that his Majesty do give his most Royal assent so it appeares they used to make them before presuming on their Power of Excommunication yet when Queen Mary came in they were as high again as ever notwithstanding their Promises Holy water to wash off Oaths There was a water which Ran in the way Appia dedicated to Mercury wherein the old Pagan Romans did believe if they dipped a Laurell Branch therewith calling on Mercury That they were discharged thereby from any breach of Oath and Perjury they had Committed Alex ab Alexandr Genial Dier The Popes have store of this Holy Water and no doubt can spare some to the Bishops as well as Holy Oyle Guiccuardin Com. de Pol. Relates a then in use Proverb Proprium esse Ecclesiae odisse et timere Caesares Ecclesiastical Lawes and Excommunications therefore made by such Enemies are not likely to be friends to Kings or subjects Bishops are Ecclesiastical Persons Aiming at a supremacy in Judgement of Heresy in Judgement of Oaths in Excommunication all inconsistent with Temporal Supremacy as is their Interest which hath alwayes made them perfidious to Temporal Powers Popes perjured The French King besieged Pope Alexander the Sixth in his Castle of St Angelo from whence after a time he came out swearing to such capitulations as he could obtain and the French King kissing his foot Amongst other Articles he agreed the French King should have his Son Caesar Hostage for the Performance but not long after Caesar making an Escape his Father the Pope contrary to his Oath contracted a League Contrary to the French to their great Prejudice and it was the Custom of that Pope to use most Oaths when he intended most to deceive Pope Julius the second had obliged himself by Oath to have a General Council within two years after his Election to the Popedome but this being not performed Maximillian the Emperour and Lewes the French King Conven'd a Synod at Pisa whither some Cardinals under protection of the French King caused the Pope to be summon'd to make his appearance but the Pope instead thereof Excommunicated them and the French King and call'd an Anti-Synod at Rome to whom he Excuses his Oath and Dies but how he Excused it after he was Dead the Historian doth not mention Anno. 1414. In the Council of Constance convened by Sigismond the Emperour and Pope John the Third Consisting of about a Thousand Bishops and Doctors and Continued four years yet amongst so many Bishops Vix una Fides Bishops perjured for though these declared that the Council was above the Pope yet they Resolved to be as perfidious to Protestants as he and accordingly there ordained That faith ought not to be kept with Hereticks Here they order'd the bones of John Wickliff that famous Primitive Protestant of England to be digged out of his Sepulchre and burnt at this Council likewise was John Hus and Jerome of Prague contrary to the safe conduct and faith given them by the Emperour and Bishops Perfidiously and Cruelly made Martyrs and burnt for the Protestant Religion Here you see were a thousand Bishops yet none kept the Promise of safe conduct Burchard Arch-Bishop of Magdeburg taking some offence at his Citizens besieged them with Armed Power but they Redemed their liberty with a summe of money he thereupon Swearing he would molest them no more yet shortly after he besieged them again but this Perjury was justly met with for in a Sally they took him Prisoner at which time by his humble Demeanor and counterfeit Oaths never to molest them more They Released him but when he was at Liberty getting a Despensation for his Oath from Pope John the 23d he began to molest them again Murthering them whom he had sworn to Maintain But it was Gods will he should be once again caught and cast into Prison and Punished for his wickedness Magdeb. Cent. And did not the Arch-Bishop of Canterbury Becket as well as Burchard Arch-Bishop of Magdeburg as is before mention'd commit as great a Perjury against his native King Henry the second after all the Labour and pains taken with him both by fair and foul meanes to bring him to Agreement assoon as he Recovered home to his House by Retracting his Oath and getting an absolution from the Pope for the same Bishops compell H. 2. to accept the Kingdom on their Terms or not to have it By the Pretended Power of Consecration Ordination and Excommunication Popes and Bishops Pretend a Divine Mission to Anoint and Crown Kings and then again to Excommunicate and Depose them all to
do a Miracle in my Name that can lightly speak Evil of me For he that is not against us is on our part The Bishops Canon appears therefore clean contrary to the Example and Precept of Christ It is before mention'd how the Bodies of Dead Persons in their Graves are by some believed to be Revived and Tormented by the Devil and how Locusts Flies and Fishes have been struck with this Thunderbolt of Excommunication There is no Good man dare Torment or Destroy by the help of any Invisible Spirit nor will nor ought any good Magistrate suffer them without a Sign of Mission from God above the Power of his Temporal Sword for all Magicians and Witches would then Act their Mischiefs under pretence that they do it by the Spirit of God and that their Excommunication is the Curse of God If therefore any Malefice follow without a Sign of Mission whereby they had a Warrant to Curse the Magistrate Sign of Mission whereby they had a Warrant to Curse the Magistrate ought to punish them for Witchcraft or all Laws against Witchcraft must be Repealed and the Devil let loose by his Instruments the Witches to do what mischief he pleases and no Judg presume to punish a Witch if he only say What he did was done by the Spirit of God It is impossible to distinguish invisible Spirits or to trie the Spirit whether God or the Devil but by visible Sign if the hurt be done therefore by any Person by assistance of a Spirit unless he shew a Sign he ought by the standing Laws and Acts of Parliament to be punished for Witchcraft and if he pretend to have a Mission from the Spirit of God and hath none he ought to be punished for a Cheat. And under the same Dilemma fall the Authors and Executors of the before mention'd Canon prohibiting Ministers to cast out the Devil by Fasting and must be guilty either of Withcraft or a Cheat if they cannot shew a Sign of Mission to make such a prohibition and to give such a Licence as their Canon imports though they impute the same to the Ministers who Fast and Pray when they do not Excommunication makes all Sins equal Excommunication as it came from Pagans so it sets up again that old Pagan Doctrine of the Stoicks Omnia Peccata esse Equalia Excommunication for Two Pence There was a Poor man who used to go to Labor for Six-pence a Day he lived in a Parish where the Custom was The Clerk was to have a Penny every Year of every House-holder and being very Poor rather needing to receive Alms than to pay Rates he thought he might have been on that Cause excused whereby this Penny was neglected to be paid for two Years following which amounted to the Sum of Two Pence for which he was Sued in the Bishops Court and Excommunicated and he would often complain that he could not recover his Estate till he had given the Court Eighteen-pence See the Piety of an Excommunicator he would if he had had Power have sold the Poor mans Soul to the Devil for Two Pence if he could not get some Money to redeem it Excommunication Pardons all Sin for Money Excommunication is done to no other end than to drive them to buy Absolution which enticeth and encourageth all kind of Uncleanness and other Wickedness Excommunication sets up Idolatry Pope Gregory the Second Idolatry Excommunicated and Deposed the Greek Emperor Leo Isaurus because he made a Law against Images and Nick-named him Iconomachus or the Fighter with Images Excommunication and Power to Judg of Heresie returns all to Popery and Priest-riding Thus Excommunicators follow the Precedent of the old Pagan Priests of Mars whom they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Fire-bearers who having Solemnly performed their Rites and Ceremonies of Cursing Execration or Excommunication as Balak would have had Balaam to have done used before the Battel joined to cast Fire-brands between the two Enemy-Armies standing in Battel Array one against another and so stirred them up to fight but they themselves yet retired out of the medly and danger 1. This gives the Popish Priest that main Pillar of the Popish Empire the Jurisdiction of Marriage Filiation Aliment and Succession and the Arbitrary disposing of the same both in Kingdoms and Private Patrimonies 2. This gives him the Power of setting up Images as appears in the fore-cited Example of the Emperor Leo Isaurus Excommunicated and Deposed because he forbad Images 3. This gives him Power to Asassinate Kings of which are a multitude of Examples 4. This gives him a Power of Confiscating Kingdoms and Selling them to others 5. This gives him Power to Confiscate and Imprison Arbitrarily the Subjects by Excommunicato Capiendo's as is before declared 6. This gives him Power of taking from the People the free Election of their Parochial Ministers and imposing on them the Popish Sacrament of Orders and Ordination contrary to the Law of God 7. This gives him Power to compell Confession of Sins to be made to the Priest which ought only to be made to God the Magistrate and the Brother injured 8. This gives him Power to impose Penance and Corporal punishment which ought only to be done by the Magistrate 1. Because the Magistrate should else bear the Sword in vain 2. Because it is unjust the Magistrate should penance or punish once and the Priest punish again for the same Sin for Nemo debet bis puniri pro eodem delicio 9. This gives him Power of imposing what Commutation-Money and Arbitrary Fine he pleaseth which is a Subversion of all Propriety in Goods 10. This gives him Power to sell Absolutions and Pardons of Sins and compell the same to be taken from the Priest which ought only to be taken from God the Magistrate and the Brother injured for unumquod que dissolvitur eodem modo quo conflatum est none can pardon an Offence against a Law but a Legislator none can release a Trespas but the Party against whom the Trespass is committed 11. This not only gives him Power by Pardon to Null the Laws of God and Men and the Penalties of the same but to Enact Arbitrarily new Laws and Penalties contrary and Superior to the Law of God viz. Ceremonial Laws made by the Priest contrary and Superior to the Moral Law made by God 12. This Impowers him to Usurp the Throne of God himself in the Soul and Conscience of man wherein none ought to be Judg but God himself Excommunication without a Sign of Mission not Instituted by Christ but invented by Pagan Priests and Daemons That Christ never Judged nor Condemned any though he heard him Preach in Person and believed not appears by the Scripture Faith and Infidelity being rather unavoidable Passions than free Actions of the Soul it being not in humane Power to believe what the Conscience is not convinced of or not to believe that whereof it is convinced and that Christ never appointed so
Bells Transform'd to Ring to Weddings and to Knells To an Aceldama their Church turn'd next And the dead Bones for Burial-Fees they vext Their restless rest thus purchased in vain They then for Reliques dig'd them up again And sell their Merits though of Tyburn-Saints And Heaven to all whose Purse or Faith not faints Oh Joseph of Arimathea nam'd And on the British-Shores for ever fam'd Whose Ship of Olive-planks from Palestine Of Tidings glad the Pacquet brought Divine The Sea Nymphs danc'd each with a Triton Mate For joy thou mad'st their Isles the Fortunate Oh tell us had thy Vessels such broad sides Of Canon as that which in Tybur rides Whose roaring Thunder beats and buries Towns Cities and Churches Kingdoms and their Crowns And sinks them how or whither none can tell To Time-set Limbo's or Eternal Hell Or from thy Bark being then the Western-Church Thy Passengers to leave so in the lurch Did'st thou cast overboard and in the Dark Leave them there to be snapt by the old Shark That thou their Cargo rifle might'st the while And Gold and Silver like a Pyrat vile Tell us did Christ the great or lesser Curse Teach who were bad before to make them worse Or Bless or Curse not did he who did say Intend and mean the clean contrary way Who left his Peace did he bid to annoy Who came the World to save would he destroy From Satan who so oft deliver'd men Them back again did he cast to his Den He in this World who Kingdom would have none Did he bid Priests Depose Kings from the Throne Deliverance to Captives who did Preach Priests them to starve in Prison did he Teach When Peter warm'd did for his Master mourn All whom he Master'd did he bid him burn No Joseph no this was not the good Seed Thou brought'st and Sow'd'st whereon the Flocks might feed The Evil One those Fiery tasted Tares Sowed and them intangled with Snares None but the Devil from th' Infernal Pit Doth Curse and Ban and Fire and Brimstone Spit Great Hus and Jerom now for ever blest Oh two true Witnesses Slain by the Beast Whose Treachery safe Conduct gave to both But basely perjur'd broke it and his Oath You who made tremble the Infernal States And dared Attacque black Dis at his own Gates What was your Doctrine which so terrified The pompous Popedom in its highest Pride You held and that made them so highly hate That Bishops could not Excommunicate This did you both from thence to Heaven raise And sent you thither Crown'd with Fiery Bays And Sparks of you to Stellifie this sent With Protestants the British Firmament Brave Hero's now the horned Miter pull From Phalaris of Rome his Brazen Bull Hear your dead Martyrs how they do you press And cry from all his Fiery Furnaces Dismount his Canons from the Battlements Of his Church-Catholick which get his Rents Take from the Building but the Thunder-stone Oh then for ever down falls Babylon An Epode on Protestants Excommunicated by Papists What though with Bans and Curses They Rob and Kill and take our Purses In highest Faith come on And know there hath or shall be none Happy decreed by Fate But who first was or is unfortunate Arm Arm against the Devil He 'l flie and all his Spirits Evil. And Beast with Seven Heads At this time was a great noise in the Countries of Armies seen rising out of the ground and others in the Air. If on your Land or Sea he treads To fight him never spare Soldiers and Poor each one then take your share What though whole Armies rising From Earth are fearful hearts Surprising And Daemons of the Air Fighting in Clouds tempt to Despair What though they come from Hell There 's no Enchantment against Israel Hark how our Canons Thunder And keep the Romish Canons under Their Organs grunt and whine Our Flutes and Haubois are Divine And Cornets to the Skie Sound for Religion and for Liberty Angels to hear grow prouder Than their 's our holy Musick louder And valiant Souls shall bear From Death to Musick 's highest Sphere Who burn would not like a Brand That thus renown'd may die with Sword is hand Whether an Union can be of Protestant-Parliaments and Churches without a true Test between Papist and Protestant Test between Papist and Protestant Neither Protestant-Parliaments or Churches can be Known without a true Test much less therefore can they be United Whether Recusancy to pray in a Temple or in the Form of Common-Prayer is a true Test between Papist and Protestant A true Test ought to Provide and see that there be none in it of the Servants of the Lord but the Worshippers of Baal only 2 Kings 10.23 But in this of Recusancy to pray in a Temple are all the true Worshippers of God in Spirit and Truth if we may believe Christs Precept and Designation of them at large before Debated p. 210. c. in Reference to the Omnipresential Worship of God Christ in thy Closet bids thee Pray Thine is there both the Church and Key What though no Bishop walk'd it round Gods being there makes holy Ground The mischiefs of Compelling Protestants to a Form of Common-Prayer appear too much in being the occasion of the first breaking out of the late miserable Civil Wars and the Irreparable loss of his then Majesty the mischiefs of Compelling Papists to Protestant-Churches appear in this That one Church-Papist is more Dangerous than an Hundred open Absenters and they who truly understand the Danger of Mixing would rather think it prudent like the Primitive Christians to have a Non-Communion with Idolaters and their Ostiarii as they had to see none crept into the Places of their Convention for Prayer than compell such Bloody Spies incensed by Penal Laws thither to betray them Whether Recusancy to receive the Sacrament in a Temple or in the Common-Form is a true Test This likewise is before Discuss'd p. 212. and Examples of the frequent Poisoning the Sacrament by the Priest p. 240 241. To compell therefore any Eminent Protestants to Receive the Sacrament of such Persons of whom they cannot be assured were to be Accessary to their Murder Whether Subscription to the 39. Articles is a true Test 'T is shewn before That no true Test ought to endanger the Conscience of any Protestant but 't is notorious that the greatest part of Protestants are Dissentients in Conscience to divers Doctrines of the 39. Articles and therefore Subscription to the same is no true Test nor ought to be Imposed on them 1. Because these 39. Articles were made by the Bishops Anno 1562. in the Fourth Year of the Reign of Queen Elizabeth while the Papist Peers were yet in Parliament and in Power who with the Bishops in their Front were too hard for her and of whom she might then say Res durae Regni Novitas me talia cogunt She was not able to perfect Reformation at one Stroke 2. Because
Excommunicato Capiendo and Heretico Comburendo to catch and roast the Bird himself for the Bishop to eat it and of the subtlety of the Bishop as to this matter see more before p. 167 168 169. How little incouragement there is therefore for Protestants to take this Oath of Supremacy wherein the Kings name is only abused and made a Stale to draw a Supreme and Arbitrary Power to Bishops both over the King and them and to drein the Royal Treasury into their own Pockets and how untrue a Test such an Oath must be is humbly submitted to Supreme Authority Supremacy granted by Act of Parliament of Marriage and Legitimation to Canterbury yet Sworn to be in the King 6. By the Statute 25. H. 8.21 Power is granted to the Arch-Bishop of Canterbury and his Successors by their Discretions to Grant unto the King his Heirs and Successors all such Licenses Dispensations Compositions Faculties Grants Rescripts Delegacies for Causes not contrary to the holy Scriptures and Laws of God as heretofore had been used and accustomed to be held and obtained by his Highness or by any his most Noble Progenitors at the See of Rome and all Children procreated after Marriage by virtue of any such License or Dispensations shall be admitted and reputed Legitimate in all Courts Spiritual and Temporal So this Act of Parliament made in time of Popery translates the Pope from Rome to Canterbury and the Supremacy before used or accustomed by him over the King and his Subjects concerning all the matters mention'd in the Act is placed in the Person of the Arch-Bishop and the Bishops call this a Supremacy in them according to Scripture and the Law of God which is worse and more Papal than to claim it only by Act of Parliament for what more Papal Supremacy can there be than Power to Grant Licenses Dispensations Faculties Compositions Grants Rescripts Delegacies of Marriage Legitimation and all other matters which Popes have formerly granted from Rome to Kings and their Subjects at discretion and this Exceptio is contraria facto for the granting of Licenses by Popes to Kings is contrary to the Law of the Land and is a Power Supreme to the Legislative and Law of the Land so the Grant in the Act is Repugnant to the Exception for 〈◊〉 Licenses or Dispensations are necessary but where there is a standing Law of God or Man to the Licensed or Dispensed with no Composition or Pardon necessary but where there is a standing Law violated or broken no Faculty necessary but where is a standing Law disabling the Party to do what he desires to have a Faâ—ulty for that he may be enabled to do No Rescript is but from a Supreme Prince no Delegacy but from a Superior to an Inferior for the Pope is Superior to his Legate though he be Legatus à Latere and the highest preferment this Popish Act of Parliament allows the King is to be the Arch-Bishop's Legate then the Act having made him Supreme to the Legislative Law and King gives him as high Supremacy over the Judicial Power in all Courts as well Spiritual as Temporal which is Supremacy over the Parliament which is a Court-Temporal This Act therefore doth set up more than Prelacy or Arch-Prelacy at Canterbury for that was there before and the Gyants had piled up Pelion on Ossa already and now they steeple it with Olympus and if they set not on the Gyants head the Triple Crown 't is sure they have the Triple Miter three stories high of Prelacy Arch-Prelacy and Supremacy When the Arch-Bishop got therefore of the Parliament this Act he was something like the Carpenter who begg'd of the Wood only one Helve long enough to turn his Hatchet into an Ax and when he had got that he cut down the whole Wood for he having now got so long a Helve to his Spiritual Hatchet as Supremacy over the Marriage not only of the old Palm Trees and Legitimations of the young at his Discretion that is to say if they give him whatsoever Money he asks for Dispensation and Legitimation this gives him likewise Power to strike both at Root and Branch of all the Royal Protestant-Cedars themselves in the Popish Points of Ceremonial Marriage and Legitimation endeavour'd now to be brought to the true Test of a more Supreme Law and Judg than his the Moral Law of God himself How therefore the Protestant can safely Swear in Conscience the Supremacy to be only in the King when so great a share of it is granted to the Arch-Bishop by the King and Parliament until the same Act of Parliament of 25. H. 8.21 by which 't is done is Repealed I confess my Ignorance and if it be without cause crave Pardon 7. The Party who is to Swear who is the only Supreme Governour must be intended to Swear either who is Supreme De Facto or De Jure if De Facto who hath the Actual Power of the Sword it may happen to be in a time of War when two Armies are in the Field and Inter utrumque Volat Dubiis Victoria pennis It is necessary at such a time that the Swearer unless he will Forswear himself be a Prophet of whom there are not many in this Age amongst such as take the Oath of Supremacy if it be said the Swearer ought to Swear De Jure who hath Right to be only Supreme Governor to this is Answer'd 1. Unless he can Swear to the matter in Fact he cannot Swear to the matter of Law or Right for Ex facio jus Oritur all matter of Law must arise from the matter of Fact therefore the Fact must be first known before the Right can be known which is to be deduced from it 2. The Right when the Oath is required may be as to Succession of the Crown wherein the matter of Fact depending only on Genealogies the Heralds themselves especially after Wars may not be able to make any clear probation of the Descents as Ezra 2.62 and Nehem. 7.64 it is said These sought their Register among those that were reckoned by Genealogie but it was not found therefore were they as Polluted put from the Priest-hood If therefore the Genealogies of Priests who wore themselves the Registers and kept their own Descents as curiously as was possible may be lost much easier may those of the Lay and the Law and Divinity may likewise be so doubtful that it is justly acknowledged by the King and Parliament themselves 25. H. 8.22 That Ambiguities and Doubts touching the Successions of the Crown have been Causes of much Trouble and no perfect and substantial Law hath been made for Remedy of the same and accordingly at the Death of Queen Elizabeth there were no less than Sixteen titles endeavour'd to have been set on foot to the Succession partly by Papists to overthrow the Protestant-Religion partly by others to overthrow the Union between the two Kingdoms in the Person of King James in which the Protestants of
his Presentation and Exacts so great a Sum for it as brings him in Debt as long as he Lives which makes him rather Prey on the Flock then Pray for it and to be in perpetual Contention rather than Peace 3. Admit the Parish should happen to be all Poor and the Patron by Depopulation Impropriation Inclosure of Commons and other Oppression Gets all and Pays all yet it is just the Parish should Elect their Minister and not he for Christ sends it as Glad Tidings to John Matth. 11.5 The Poor have the Gospel Preached to them and saith nothing of the Rich Christ pronounceth all his Blessings on the Poor Luke 6.20 Blessed be ye Poor for yours is the Kingdom of God Blessed are ye that hunger now for ye shall be filled Blessed are ye that weep now for ye shall laugh And James 2.5 Hath not God chosen the Poor of this World Rich in Faith and Heirs of the Kingdom which he hath promised them that love him Dan. 4.27 Wherefore O King let my Counsel be acceptable unto thee and break off thy sins by Righteousness and thine Iniquities by shewing Mercy to the Poor Prov. 29.14 The King that faithfully Judgeth the Poor his Throne shall be Established for ever 2 Cor. 9.9 He hath given to the Poor his Righteousness remaineth for ever And Matth. 19.21 Give to the Poor and thou shalt have Treasure in Heaven But Christ never pronounceth to the Rich any thing but great Dangers and Woes Matth. 19.23 Then said Jesus unto his Disciples Verily I say unto you that a Rich man shall hardly enter into the Kingdom of Heaven And again I say unto you It is easier for a Camel to go through the Eye of a Needle than for a Rich man to enter into the Kingdom of God Luke 6.24 Woe unto you that are Rich for ye have received your Consolation Woe unto you that are full for ye shall hunger Woe unto you that laugh now for ye shall mourn and weep Isa 5.8 Woe unto them that join House to House and Field to Field And James 5.1 Go to now ye Rich men Weep and Howl for your Miseries that shall come upon you Your Riches are corrupted and your Garments moth-eaten Your Gold and Silver is cankred and the rust of them shall be against you and shall eat your Flesh as it were Fire Now if the Rich should chose the Chaplain for the Poor he would be apt to Preach contrary to Christ totally in favour of the Rich and not reprove but animate them in their oppressions of the Poor which is too notorious in the Chaplains both of Ecclesiastical and Lay-Patrons wherefore if Patrons have more than their single Votes in Election of the Minister the poor Parishioners may expect such Law as is mention'd James 2.6 Do not Rich men oppress you and draw you before the Judgment-Seats But they shall never have such Gospel as Christ Preach'd and appointed to be Preached to the Poor nor such Law as he denounced against the Rich. 4. The Chaplain in his Prayer before Sermon tells God so many Lies to his Face in commendation of his Patron that surely it must be a meer Mockery of him for he calls him his Grace his Excellency Right Honourable Right Worshipful Pious Virtuous and his Very Good Lord and Patron when sometimes he is a Person of the most Vile Unworthy Sordid and Wicked Conditions on the Earth 5. He gives him more Magnificent Appellations than to God himself for though he ingeminate many times in his Prayer Good Lord and Good Lord yet he never calls God my Very Good Lord but reserves that Superlative Title for his Patron the meanest degree of which greatest Divine Attribute of Good Christ himself to be an Example of Humility refused Luke 18.19 Why callest thou me Good there is none Good but one that is God 6. If the Patron is so Very Good Pious and Virtuous as the Chaplain makes him he were more proper to ascend the Pulpit and pray for his Chaplain who many times proves none of the best either in Doctrine or Manners but was only one who came first and gave most for the Place he hath 7. He is rather an Herald hired to proclaim every Sunday in the Year his Patron 's empty Titles than a Messenger of God to Preach on his Divine Attributes 8. By these Parasitical Prayers the Patron is puft up in such Pride and Folly that he grows like the profane Lord mention'd by Cambden who said He never needed to Pray for himself he had so many Priests to Pray for him and the Patron and Patroness are so fop'd with overmuch Flattery that they seldom grow wise again as long as they live to discover those Faults wherein the Priest leads them and himself blinded to Destruction and unto the Woe pronounced to them Isa 5.20 That call Evil Good and Good Evil that put Darkness for Light and Light for Darkness that put Bitter for Sweet and Sweet for Bitter 9. As is before mention'd amongst the Primitive Christians the Election of the Minister was always by the Parochial Congregations till Anti-Christ who began to work very early deprived them of this liberty of Elections by Endowments and Patronages the Patrons of which by this Imposing such Patriarchs Bishops or Presbyters as they hired and corrupted for their Turn and depriving the Cities and Congregations of the Free Election of their Pastor destroyed the Purity of Primitive Christianity The loss of Election of their own Ministers destroyed the Primitive Christians 10. The restoring again the Election of their own Minister to Parochial Congregations and liberty of secret Suffrages would First destroy all Popery for Popery cannot be without Patronages and the Pope as the Apex of his Supremacy claims to be Supreme Patron of all Catholick Churches Secondly This would prevent all Imposing of Church-Papists to be Ministers to Protestant-Parishes Thirdly This would prevent all kind of Symony either to the Bishop for Ordination or Patron for Presentation which is impossible to be otherwise prevented and such Parochial Election is therefore better both for the Minister and the Parish No Patronages in the Ottoman Empire and the Grand Seignior may in this rise in Judgment against Christians who allows no Patronages to Parochial Cures in his Dominions but gives Liberty to every Parish to choose their own Priest to whom he himself pays some small Salarie out of the Publick Treasury Liberty of Conscience given Papists secures Liberty of Conscience to Protestants The Test of Oaths and Sacrament falls only on the Protestant and not on the Papist he hath Offices in Trustee's names Liberty and Propriety given Papists secure the Liberty and Propriety of Protestants The Compulsion of Papists to Confession of Faith or any External Form or Ceremonies of Worship against their Conscience by Penalties cannot be done without bringing the Conscience of the Protestant into the same danger with the Conscience of the Papist for if