to make a Conventional Seizure Entry or Re-entry of or into Goods or Lands Pledged for Debt or Rent or made liable by any Covenant or Clause Irritant to forfeiture for non payment of the same before a Judgment Declaratory of the non payment and of the value of the Goods to be Distrained and Lands Seized for satisfaction of the same is as unjust and wicked as to take a Judicial Distress Pledg or Forfeiture before such Judgment pass'd The Laird of Sauchi Sued one of his Tenants to make him remove from his Tack or Lease the Defendant excepted That he had a Tack it was replied That the Tack was null and void because there was a Clause Irritant contained in it that if the Duty reserved were not paid the Tack should be null and void and that the Duty was not paid to which was duplied by the Defendant that this failure of payment was not yet declared by any Declaratory Sentence of a Judg. The Lords found that there ought to be a Declaratory Sentence of a Judg first Declaratory Sentence of Scotland before any removal of a Tenant ought to be though the Clause Irritant had been that the Tack should be null without any Declaratory Sentence 4th July 1628. 5. That no Bail ought to be Exacted before Contumacy or Judgment First If to Distrain dead Goods and Pledges of Cattle is prohibited before Judgment à Fortiori to Exact for Pledges or Sureties the living Bodies of men is prohibited Secondly It is manifest Christ intended to relieve the oppression of the Poor against the Rich and that none but the Rich are able to give Bail to Tolerate therefore the Rich because they can give Bail on every unjust Suit of theirs to Exact Bail of Poor men before Judgment who are not able to give it fills Prisons and destroys innumerable Innocent Poor and leaves their Blood to cry against those who Tolerate so great an Oppression as to make Necessity Contumacy and Punish the Poor for his Poverty No less abominable is the Practice of Attornies and Clerks with their Writs of Privilege who will command what Bail they please though the Poor man owe them not a farthing and he being once Arrested and not able to give Bail he must therefore Rot or Starve in Gaol or pay whatever the other will ask right or wrong The Chancery Clerks and Officers go a degree beyond these and will take no Bail but four Subsidy men and if they can but Arrest the pretended Debtor will keep him in hold too till he pleads Instanter what they will have to Ruin him These are the Prodigious Reliques of Popish Tyranny left in Protestant Courts of Law and Conscience and translated from Romish Ecclesiastical-Clerks to English Lay-Clerks It were more just these Privileged men had a Privilege granted to Rob on the High-way for there honest men would be able to defend themselves against them but with these two Privileges of theirs one that they will take whomsoever they please Prisoners and the other that they will be Sued no where but in their own Court makes it as difficult to deal with them as Turky Pyrats who will be Tried by none but their Fellows nor Sued any where but in Algier How little necessity there is of this horrible Oppression of Exaction of Pledges No Pledges Bail Outlawries required in Chancery Distresses Bail Penalties Forfeitures and Outlawries before Judgment doth easily appear from this that in the Chancery there is none of all these required and though the Defendants are Richer and the Causes of far greater value than those in Common Law Courts yet do the numerous Plaintiffs rather shun the Common Law Courts and throng thither choosing to Sue there than in the other and certainly if it be truly consider'd these Exactions of Bail and Outlawries and Suprizes of Debtors before warning do but necessitate them to flie from their Creditors and deceive them of what they would be ready to pay on a fair Demand or warning and liberty given to come to a just account with Security This cruel dealing therefore of the Creditor with his Debtor before Judgment tends not to his Profit but very much to his Loss as well as it doth of the Defendant and many times undoes them both 6. That no Arrest ought to be made before a Judgment though there is Contumacy This follows from what hath already been proved That a Plaintiff ought not to be Witness Judg or Executioner thereon in his own Case and therefore not of the Contumacy of his Brother Contumacy but if he is Contumacious the Plaintiff ought by his Witnesses to make Probation of those matters which are necessary to shew a Contumacy as 1. Oblatio Libelli 2. Productio Testium 3. His Refusal to answer and satisfie and thereon obtain a Sentence Declaratory of the Contumacy of the Defendant and a Capias to Arrest him All Arrests therefore before Judgment Pursuivants Tipstaves by Pursuivants Messengers of Arms Tipstaves Maces Sheriffs or any other are Reliques of Popery and contrary to the Law of God and of the Land and indeed are so far from having Right to Arrest before Judgment that they ought not so much as to Summon before an Oblatio Libelli and a Productio Testium 7. That though there is a Judgment yet Christ allows no Imprisonment of a Debtor not able to pay for Disability is no Contumacy and Poverty may more often fall on the Righteous than the Wicked The Scripture makes our Demeanour to the Poor in Prison in this Life of great concernment to our well or evil Being after Death as is said Matth. 25.34 Then shall the King say unto them on his Right hand Come ye Blessed of my Father inherit the Kingdom prepared for you from the Foundation of the World For I was an hungred and ye gave me meat I was thirsty and ye gave me drink I was a stranger and ye took me in Naked and ye cloathed me I was sick and ye visited me I was in Prison and ye came unto me Then shall the Righteous answer him saying Lord when saw we thee an hungred and fed thee or thirsty and gave thee drink When saw we thee a stranger and took thee in or naked and cloathed thee Or when saw we thee sick or in Prison and came unto thee And the King shall answer and say unto them Verily I say unto you In as much as ye have done it unto one of the least of these â—y Brethren ye have done it unto me Then shall he say unto them on the Left hand Depart from me ye Cursed into everlasting Fire prepared for the Devil and his Angels For I was an hungred and ye gave me no meat I was thirsty and ye gave me no drink I was a stranger and ye took me not in naked and ye cloathed me not sick and in Prison and ye visited me not Then shall they also answer him saying Lord when saw
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
Infallible or any Book which hath more Seditious and Rebellious principles of Disloyalty This I only say now but when I have what I now want time and opportunity I can and will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make it good how dangerous and when believed and practised how pernitious to Kings and Princes the principles of that Law are I hope all Bishops will hereafter be of the same mind and not own the Canon Law to be the Rule of Marriages and Legitimations or Successions of Protestant Kings and Princes or their Subjects or for their Pardons and Excommunications or fit to be any longer the Ecclesiastical Law for the Government in any thing of Three Protestant Kingdoms As to the Feudal Law I shall defer it till I come to speak of the wicked obligations of some Tenures Feudal Law to prostitute the Virginities of their Daughters to the Lords of the Land It is enough for to shew the slavery of Feudal Laws if we but remember the late Wardships of Tenures wherein the marriages of Men and Women were bought and sold as if Beasts in the Market and the unjust Laws yet remaining in customary Estates prohibiting Widows to marry and marrying young Women to old decrepit Men not fit for marriage to get a Widow's Estate whereby they are left exposed to infinite Temptations The wicked custom of Marchâ—ta Mulieris belongs to the Feudal Law Marchâ—ta mulieris dicitur Virginalis pudicitiae prima violatio delibatio quae ab Eveno Rege sibi capitalibus dominis fuit impie permissa de omnibus novis nuptis prima nuptiarum nocte sed pie à Malcolmo 3 sublata fuit in capite sequente certo vaccarum numero quasi pretio redimitur Sken Reg. Ma. lib. cap. 31. 1. It is to wit that conform to the Law of Scotland the Marchet of ane Woman noble or Servant or Hireling is ane Zoung Kow or three shillings And the right duty to the Sergeant three pennys 2. And she be Dochter of an Frie-man and not of the Lord of the Village her Marchet shall be one Kow or six shillings and for the Sergeants duty sax pennys 3. Item The Marchet of ane Thane or Ochiern twa Rye or Twelve shillings and the duty to the Sergeant Twelve pennys 4. Item The Marchet of the Daughter of an Earl pertains to the Queen and is twelve Rye The Spaniards in the West Indies setting a Tribute to the King and the inferior Lords to be paid yearly by every married person To encrease these yearly Tributes from married persons they every year survey by List the married persons of every Town and cause their Children Sons and Daughters to be brought before them to see if they be fit to be married and if of growth fit they threaten the Parents for not marrying them and raise his Tribute by way of Fine till he marry them And the set time they appoint for marriage to the Indians is 14 to the Man and 13 to the Woman yea some they compel to marry scarce 12 or 13 years of Age if they appear of more forward strength yea it is a shame to see how young they are inforced to it pag. 155. So between the King of Spain and the Pope the poor Indians pay dear for marriage which God left free The Civil Law is said to be Jus Leoninum The Canon Law Jus Vulpinum The Feudal Law Jus Asmarium in regard of the intollerable oppression and servitude in it I conclude therefore Marriage Filiation and Succession not fit to be judged by any of these three Laws CHAP. IV. Marriage Matrimony Legitimtaion or Succession not to be judged by the Law of Mahomet YOU will not offend God in speaking a word in secret to Women that you research in marriage although you conceal in your minds your design to espouse them he understandeth whatever you think of them Alch. cap. 2. pag. 23. Of Persons with whom Marriage is forbidden Marry not the Wives of your Fathers what is past was Incest abomination and a wicked way your Mothers are forbidden you your Daughters Aunts Nieces Nurses and your foster Sisters The Mothers of your Wives the Daughters that your Wives have had by other Husbands The Daughters of Women that you shall have known are also forbidden you if you have not known them it will be no sin The Wives of your Sons are likewise prohibited and two Sisters for what is past God is Gracious and Merciful Married Wives are likewise forbidden except the Women-slaves that you shall have acquired God hath so commanded you Except what is above forbidden it is lawful for you to marry at your pleasure Of the Time of approaching Wives When your Wives shall be clean approach them according to what God hath commanded He loveth them that repent of their Error and are clean and purified Your Wives are your Tillage go to your Tillage at your pleasure And do good to your Souls you shall one day find it fear God and preach his Commandments to true Believers Alchor cap. 2. pag. 21. Of forbearing to touch Wives God will be Gracious and Merciful to such as shall swear not to touch their Wives the space of four Months if he return to them he is Gracious and Merciful but if they desire to repudiate them he understandeth and knoweth all things Women Divorced shall tarry until their Terms be past four times it is not permitted them to conceal what God hath created in their Wombs if they believe in his Divine Majesty and the day of Judgment Alchor cap. 2. p. 22. Of the propriety of the Wife in her Goods distinct from the Husband Oh ye that believe in God it is not lawful for you to inherit what is your Wives by force Take not violently away from them what you have given them unless they be surprized in manifest Adultery see them with civility if you have an aversion from them it may chance that you have a thing wherein God hath placed much Good But if you desire to repudiate your Wives to take others and that you have given them any thing take not any thing that appertaineth to them Will you take their wealth with a lye and a manifest sin how shall you take it since you have approached each other with a promise to use each other civilly Alchor cap. 4. pag. 49. Of giving Suck by the Mother and Aliment to her and her Child and Aliment by the Heir to his Parents The Women shall give Suck to their Children two years intire if they desire to accomplish the time appointed to suckle them the Father shall nourish and cloth the Wife and his Children according to his faculties Expend not but according to the measure of your Goods the Father and Mother shall not necessitate themselves for their Children The Heir shall perform what is above ordained he shall entertain his Father and Mother according to his abilities If the Parents would wean their Children before two
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
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
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
Children if within the four Seas neither doth he give more reason why he would have a Child call'd a Base-natural or his Fictions in Law beleived above the truth of the Fact then he doth why a Man-child ought to be called Mulier Fifthly As little reason doth Grotius give why a Giant should be translated Bastard according to a certain Latin Translation of the Bible of which there are a multitude all variant one from another 1 Sam. 17.4 which is thus Et egressus est quidem spurius è Castris Pelischthoeorum Goliah nomine Giant falsely translated Bastard Gatho oriundus cujus altitudo erat sex Cubitorum cum spithama which is in English And there went out of the Tents of the Philistins a certain Bastard by name Goliah whose height was six Cubits and a span so because he was a Giant this Latin Translation hath translated him a Bastard And Grotius though he were as great a Giant of learning as Goliah was of Body indeavours to give a reason which is not so tall as a Dwarf for he saith The Hebrews called Giants Bastards because they lived without Matrimony which he intends to be the Ceremony of coupling Male and Female together used by a Priest in a Temple Which cannot be for of all Nations in the World the Hebrews were most free from having so vile a word or a thing as Bastard amongst them and for Marriage in a Temple they never had any at all but always contracted in the open Air and not under any Roof And both they and all other Nations have had so honourable opinions of Giants and esteemed their descent to be so far from being ignoble as they derived them from their gods themselves So Hercules they would have begot by Jupiter And Ajax boasts of himself Sic à Jove tertius Ajax And both Jews and Christians affirm them to be begotten by the Sons of God As Gen. 6.4 it is said There were Giants in the Earth in those days and also after that when the Sons of God saw the Daughters of Men and they bare Children unto them the same became mighty Men which were of old Men of renown Angels beget not Giants Some expound these Sons of God to be Angels but that is contrary to Christ who says Angels neither marry nor are given in Marriage But though Giants and such Hero's were not begotten by Angels they all agree to father them on more honourable Titles of the Sons of God and therefore never intendâ—d they should be translated or called Bastards or base Naturals As low a reason doth Grotius likewise give why he should be called Nothus and not be inheritable whose Mother at her Marriage had not a Torch carried before her Ac nec nupta quidem Taedaque accepta jugali Cur nisi ne caperes regna paterna Nothus Grot. de jur Bel. Pac. p. 168. 1. This authority of Ovid which he cites That the not vouchsafing to have a Torch or other Ceremonies Nuptial at the Marriage ought to make the Child a Nothus or Illegitimate as to Succession proves against him and that it ought not but is an injury and injustice if it should For this is written by Phaedra a later Wife of Theseus to Hippolitus his Son by Hippolita the Amazon a former Wife deceased with whom she being his Step-mother fell in love and to tempt him to her and not to forbear out of reverence to his Father's bed who had been so injurious to him as not to marry his Mother with due Rites and Ceremonies that he might have a pretence to dis-inherit and put him by the Succession of the Kingdom She to make her argument the stronger and the more inciting joyns her self with him to be as highly injured as himself that he might the more assuredly trust to find her ready to join with him in revenge as well as love for so she saith having first repeated her own wrongs she had suffer'd Sola nec haec nobis injuria venit ab illo In magnis laesi rebus uterque sumus And after she saith of the Marriage of his Mother Ac nec nupta quidem taedaque accepta jugali Cur nisi ne caperes regna paterna Nothus And then she saith I nunc I meriti lectum reverere parentis Quem fugit factis abdicat ille suis But the most vertuous and valiant Hippolitus remaining invincible in Chastity as to his Step-mother and in Loyalty as to his Father she as Potiphar's Wife did Joseph to her Husband falsly accused him of attempting to force her which he over-credulous to believe sought to kill his Son And he flying his Father's jealousie and causless anger had by his frighted Horses his Chariot overthrown and himself torn to pieces amongst the Rocks So infortunate was innocence in all things except his Fame which hath lasted through so many Ages His Father on Phaedra's confession understanding the Innocence of his Son and falseness of her calumny she first killing her self after the just Funeral Rites performed and Lamentation answerable made is swallowed up with grief for the loss of a Son so dearly by him beloved Here therefore appears That had it not been for the false calumnies of his Step-mother Hippolitus had succeeded to his Father Theseus's Kingdom notwithstanding his Mother Hippolita had not a Torch carried before her nor was ever married by the Ceremonies of a Priest in a Temple wherein though Grotius need no other answer to his Ceremonial Marriage then what in this example he thought to vouch for them and his principal Goliah-argument being fallen there need no trouble of encountring the petty accessary Reasons Yet I shall likewise persue them in their flight at least to discover what they are His first reason is he saith Where the Father doth not vouchsafe the Woman the Lawful Ceremonies of Marriage he makes the Child contemptible to be his Successor To which is answer'd That we need look no further then his own example whether Hippolitus was a person contemptible or not meriting in all respects to succeed to his Father's Kingdom after his Death 2. It is further answer'd That these Ceremonies whereon he founds his Doctrin of Ceremonial Marriage and the compulsion to the same are before shewen to come from the Devil and the Priests of Priapus and Venus and in imitation of them from Popery Therefore in such Kingdoms as are Protestant and not Pagan or Popish though there may be a toleration given to such as desire to marry with a Torch or any other public Ceremonies suiting with their Conscience and Convenience yet ought not there to be compulsion of Dissentients either in Conscience or Convenience nor so impious a punishment as Illegitimation laid on the innocent Child for such Toys as Ceremonies neglected or dissented to by the Parents 3. There is greater authority in point then either Latin or Greek Poets That the Father though he contemn yea hate the Mother ought not to illegitimate
Brother yâ—ur self when Caught you find In snares for others you designed Learn Who ill Principles extends Against his Foes destroys his Friends And when for us you dig a Pit You are the next fall into it It was your Church what er'e it saith Law Latine left and Latine-Faith And Babbled without Mood or Tense In Church and Court and without Sense That blind might lead the blind and they Rob so all pass'd through their dark way You before Hearing first did Curse And Oulaw too to take a Purse Of which too late you now complain And we to help have tri'd in vain The Papist too brought Fictions in And Forgery that foulest Sin The Papists too were the first sharks And sate in Courts Bishops and Clerks And left their Cursed Presidents Of Forms for their wicked Intents Which still continue now and you As well as we begin to Rue At least the Poor of either side Though they touch not the Prelat's Pride And if you Perish by the same Who but your selves now can you blame The Protestant at length Essai'd Although by greater Power dismai'd Forms Fictions and Forgeries By Papist left to blind the Eyes Of Justice and Religion And in a Language still unknown And the High Places of old Baal Which did both Souls and Bodies Thrall To take away and teach their Youth Worship in Spirit and in Truth And Justice too by those who swayed In a True Ballance to be weighed For Fictions and Forgeries Come from the Father of all Lies But still the Protestant in vain To Supreme Power did complain While Papist-Peers in Parliament And Pensioners the Publick Rent Force from the Common's Skin and Bones It was in vain to make our moanes From Justice then with many Jeers You kept and first made us shed Tears Although deceived in your hope Perhaps now from your selves they drop And you and we suffer alike From strokes which you and us did strike Am I not in as bad a Case As you within this Dismal Place And me to make yet in a worse They Outlaw may as well as Curse You have unto the Dreadful Doom Of God Appeal'd which is to come You nothing owe I to the same Appeal and his most Dreadful Name I have committed no Offence ' Gainst men nor ' gainst my Conscience For which I 'm Sentenc'd to lie here And be your Fellow-Prisoner Who Rule the Conscience can but God Or who can change it with a Nod I see not when the Bishop winks Or if I think not as he thinks Or cannot by Implicit Faith Believe what e're the Bishop saith Is' t just because that I cannot I should lie here to Starve or Rot Pap. Brother I 'le freely tell my mind And say where Protestants are kind To Catholicks in Recompence They each enjoy their Conscience And Toleration hath united Not only those before Recited But bloody Wars could not be ceased In Germany 'till Conscience eased On each side was in the same Nation By a mutual Toleration The like in Hungary was acted And no Peace there could be transacted Between the Emperor and them 'Till Grafted both on the same Stem And many other like appear Too many to be Cited here They are not Commons but our Peers Who set us both now by the Ears They Pensions take from Rome and France Poor Us to Tyburne to advance And with some part when 't is espi'd They Pardon Buy and us Deride Why then should English Freedom miss More than our Neighbour Dutch or Swiss Or Driven be to Gaol or Church Conscience and Justice both to Lurch Prot. Brother I 'm not so void of Sense As Punishment on Conscience To wish who in so high degree Suffer for it my self you see But on what Terms the wiser State Will both Religions Tolerate I cannot tell or if no fears They have of Poor but only Peers I know not only this I say We should small Prudence then bewray To trie for others and in vain 'Till our own Liberty we gain Pap. Yet we in this do both agree Though Toleration none there be And both alike for this contend That whether he is Foe or Friend Yet before Hearing he ought not In Cruel Prison Starve or Rot And Magna Charta none can be Of Property or Liberty Unless 't is in the same Expres't Before a Judgment no Arrest 7. The Three Kingdoms condemn one another without Hearing by a Non-Union of their Three Parliaments Of the Fatal Danger threatning all Protestants by the Division of the Three Parliaments of England Scotland and Ireland and the inestimable Benefits ensue the Union of the same in one House Unless the Supreme Judicatory is rightly constituted to Judg between the King and his Subjects Church and Church Kingdom and Kingdom Nation and Nation Possession and Succession and between one Subject and another it is in vain to constitute inferior Judicatories to any of those great ends of Preservation of Religion and Justice Peace and Truth Liberty and Propriety for there being no Supremeequal Judg constitute there will-be no inferior Judg equally constitute and being no equal Judg Supreme or inferior if Kingdoms happen to become Plaintiffs and Defendants one against another for Religion or any other Quariel they are necessitated to condemn one another without Hearing because they agree not by what Judg they will be heard but will like the Scythians worship the Sword and Fortune for the Gods and Judges of the World and begin their Sute one against another with Execution by the unjust Capiases and Outlawries of War and Proclamations of the same by the Trumpet 1. First therefore the great danger these Three Protestant Kingdoms lie under is If any Papist should again as they have by their perpetual Plots hitherto endeavour'd to kindle a Civil War there can be nâ— Judg equal Elected by them able without the Persons Elected sit in one House to punish the Incendiaries and prevent the War Succession of the Crown divided by divided Parliaments 2. If the Succession of the Crown should happen to become contentious between Competitors and the Parliaments continue as they do divided in several Houses and several Places the Three Kingdoms if they depart from the immutable Moral Law of God either to the Ecclesiastical Laws of their several Churches or to the Temporal Laws of the several Kingdoms they may each have several Laws Privileges and Customs of Succession one from another and the Houses of Lords may have different Customs and pretences to Judicatories from Houses of Commons and the Episcopal Assemblies and Synods may pretend several Rights of Judicature from the Law-Courts so every Kingdom may happen to be divided in their Sentence of Succession and one to Judg it to A. another to B. another to C. the House of Lords in one to Judg it to D. in the other to E. in the other to F. the House of Commons to Judg it in one to G. in the other to H. in the other to