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
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
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
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
Dioccss of L. the Sixth day of August Anno Dom. 1606 Matrimony true pure and lawful Per verba de praesenti according to the form and rites of the Book of Common Prayer of the Church of England between the said A. B. and C. D. was Solemnized by one Mr. A. V. Clerk in the presence of J. J. W. B. W. W. R. M. Witnesses in this part by the said Bishop examin'd and sworn and of other Witnesses then present the said Parties A. B. and C. D. his Wife being of lawful Age and from all other Matrimonial Contracts free clear and clean as the Witnesses so sworn and examined believe This is the Form of Certificate which carries the best Circumstances and Face of a Marriage which can be put on any But the Bishop will give his Certificate as full of a true pure and lawful Matrimony to Coke's Woman with the Adulterous great Belly who lays it down the next day though no Witness will compurgate from other Contracts and transubstantiate as well the Child Adulterous as lawfully begot to be Child of the Husband yet is not this Certificate neither free from fiction and falsity contrary to the Law of God for it is already shewn That it is impossible to make a verbal Contract per verba de praesenti praeterito or futuro matrimonio and that Matrimony cannot be before a Mother nor a Mother before Conception of a Child and that 't is impossible to make a Ceremonial Law of Marriage either of the Church of England or Rome to be the Moral Law of Marriage instituted by God and besides if there were a lawful Marriage there can be no Sequel or Ergo infer'd That the Adulterous Child of the Woman is lawfully begot because the Marriage was lawful or ought to be Successor to the Husband 's Goods because born of the Wife for there can be properly no Adultery nor Adulterous Issue born but within lawful Marriage But Logician beware the Bishop's Certificate and a Law of Transubstantiation alter the case if thy profane Reason will dispute Faith or Episcopal Infallibility in Marriage Filiation and Succession thou wilt be Excommunicated The good Woman hath the same advantage whether she go from her Husband's House or stay there for if the good-man leave her at home and march abroad himself a Soldiering or Merchandizing if still it be within the four Seas and his Stock increase and multiply at home the while more then abroad he must not be so ill natur'd as not to bear the charg of his better Factress then himself During the late Civil Wars A Souldier finding his Wives Children transubstantiated into his I was credibly informed of a Soldier who left his Wife at home with one Child and was for divers Years so long out in Service that before he returned home again his Wife had two more to increase his number at length he returned home to the Town where he dwelt and the Neighbours as soon as they understood it went in shew to welcome him home but withal to see how he would like the increase of his Children in his absence where after they had sat a while he appeared very kind to his Wife and very fond of his Child which he had left at home at his departure supposing the other to have been some Children of the Neighbours who were come in to play with his 'till a while after seeing those Children by his Fire-side to draw closer to his Wife then strangers use to do he asked Whose the Children were the Wife and answer'd him Thine whereat he was much amazed and demanded how that could be seeing he had not been at home so many Years The Wife replyed thou might'st have stayed at home then and got them thy self if thou would'st so there being no other Answer to be got the poor man was glad to take up this new Bag and Baggage when he thought to have rested For the fiction of Legitimation dared give the Truth of the Soldier the Lie to his face yet he knew not whom to send a Challenge or a Duel to In no better case had he been had he in the Service of his King and Country lost his life in a fight at Sea if within the four Seas what he had got with his own Blood must have gone to an Adulterous Blood at the pleasure of his Wife and the Certificate of the Bishop Of the Law of Intails on Marriage and the mischiefs insuing by them Law of Intails causeth Adulteries and disinherits true Heirs It is before shewen how mischievously the true Heirs are dis-inherited and destroyed by Intails to two Bodies and by Littleton Coke and the Bishops fictions on the same who in despight of Truth Religion Sence and Reason God and Nature will have the Adulterous issue of the Woman preferred before the true and lawful Children of the Man in Succession to the Man's inheritance I shall likewise here touch some other few but fatal mischiefs which the Chains and Fetters of Estates by Intails to two Bodies on Marriages whether these Intails are made by the Pontificial or Temporal Laws do cause for it is to be noted that the Laws of Theodora and the Popes which Enact That no Children shall be capable of Succession to the Father but where the Father and Mother were contracted by a Priest in a Temple is an Intailing of the Inheritance of the Man to the Heirs of the Body of the Woman and an excluding of the Heirs of the Man if she prove adulterous So there cannot properly be said to be any Fee-simple in England No Fee-simple in England for Fee-simple it self is by the Popish Law Intailed to the Heirs of the Body of the Woman begotten beget them who will and the Priest who would not therefore be married himself to a Wife lest she should put a cheat on him and bring forth a yâ—ung Lay-man but take a Curtezan put cunningly the Fee-simple cheat on the simple Lay-man and his Fils de prestre too by making a Law That none should be his Heirs unless begotten on the Body of such Woman as he should give him in a Temple Littleton deceived in Fee-simple So Littleton in his Chapter of Fee-simple and his Commentator on him understood not the words his Heirs for every Fee-simple where a Woman is married by a Priest in a Temple is to go to her Heirs of her Body begotten and not to his and let her have as many Heirs as she will begotten by the Adulterer the Husband's Land shall go to her Heirs but let the Husband who is perhaps turned off by the Wife get as many as he will by another Woman none of those shall be his Heirs For which reason in favour of the true and natural Children and that the Father might have power by Act executed in his Life-time to provide for his own especially where he found his Wives Adulterous as Britton fol. 122. saith That the Forms of Deeds of Feoffment
related Veneficii questio moribus Legibus Romanis ignota quam plurium matronarum patefacto scelere orta est quae cùm viros suos clandestinis insidiis veneno perimerent unius Ancillae indicio protractae pars capitali judicio damnata centum Septuaginta numerum compleverunt An Inquisition was made concerning Poisoning being an offence not known to our Manners or Laws and the wickedness of many Matrons being disclosed who by secret Treachery had kill'd their Husbands by Poison they being drawn forth by discovery of a Maid that part of them who were condemned to death amounted to the number of One Hundred and Seventy A great number for one City at one time and was no doubt not one of the smallest causes why Divorces grew so frequent in after-times not as is vainly pretended out of wantonness but of necessity Whereas if this private way of Justice and defence should not be tolerated to Families without publick litis contestations neither the honour or safety of any Family or Persons therein could be preserved and such as had a mind to separate if they could not do it but by publick Judgment would likewise either as the Muscovites are said to do Hire some false Witnesses or Knights of the Post to defame one another or oftentimes if that will not do to destroy the lives of one another or before the Party can make publick proof Poison or otherwise kill him whereby after it will be too late as it was in these 170 Husbands for any complaint to be made to the publick and the Wives are likewise in as great danger if they have not the same liberty of providing for them themselves on the first discovery of danger Had it not been better for all these murther'd Husbands and Wives to have parted on either side then to have acted such a Tragedy together So Aegisteus corrupting Clytemnestra to Adultery thereby got her concurrence to the death of her Husband Agamemnon And Sejanus having received an affront from Drusus plotted no other way to destroy him but by corrupting his Wife as saith Tacit. Annal. lib. 4. Cuncta tentanti promptissimum visum ad uxorem ejus Liviam convertere hanc ut amore incensus Adulterio pellexit ad conjugii spem consortium Regni necem mariti impulit So the Brother of Lewis the First King of Hungary was strangled by his Wife and she married a new Husband Lewis the King goeth into Italy to revenge his Brother's death she and the new Husband fly to the Pope who protects them Here neither the corruption of Clytemnestra nor the Wife of Drusus nor the Hungarian Hang-woman could have been discovered before a publick Judge till it had been too late What are therefore such Elccesiastical Laws and Judges who compel such secret and deadly Enemies to Co-habitation in one House but accessary to their Murders and who forbid them to marry others but accessary to the great sins of their Fornications and Adulteries Divorce by consent Authent Col. 23.140 The Title of the Law is Vt consensu Matrimonium solvi potest And the Law it self ends with this Reason Eos siquidem qui violento affectu odioque correpti fuerunt perquam difficile est reconâ—iliare contingit enim ut ex his nonnulli ad mutuas insidias procederent venenisque aliis quibusdam quae lethalia essent uterentur in tantum ut saepe liberi qui ipsis communiter nati essent eas in unam candemque voluntatem conjungere non potuerint Of the Law of Divorce à Mensa Thoro. Haddon in the new draught appointed in the times of Henry the Eighth and Edward the Sixth for Reformation of Ecclesiastical Laws expresly abolisheth Divorce à Mensa Thoro in these words Mensae societas Thori solebat incertis Criminibus adimi Conjugibus salvo tamen inter illos reliquo Matrimonii jure quae constitutio cùm à Sacris literis aliena sit maximam perversitatem habeat malorum sentinam in Matrimonium comportaverit illud Authoritate nostra totum aboliri placet To prohibit Divorce à vinculo matrimoni for adultery or other Lawful cause and to prohibit the same to be done privately between the parties themselves without drawing the cause to publick Tribunals is to contradict Christ himself who speaks of a private Divorce by a Bill both from the Husband and the Wife according to Moses's Law and not a publick Sentence of any Judge and by the exception of uncleanness allowed the Innocent party to marry another but the Pope's Law which prohibits it doth it to no other end then to get the gains to his Courts by the Jurisdiction of Divorces and to compel the parties either to make use of his Stews whence he gathers his common Rents or to pay him a private Taxa Camerae for such Women as he will allow when he hath tied him from his Wife by the Divorce Neither doth Christ take the private Jurisdiction from the Husband or Wife of Divorce given by Moses but only prohibits to use it without a Lawful cause In the same manner did the Laws of the Romans allow the same Jurisdiction both to the Husband and the Wife as appears by many examples By the Law of Scotland Divorce for Adultery is allowed à vinculo matrimonii and the parties may marry again But by the Laws of England the parties can neither be Divorced à vinculo matrimonii nor marry again which is touched by Craig Feud 269. Apud Anglos Matrimonium ob Adulterium non dirimatur sed tantùm separatio à Thoro Tabula permittitur which is certainly clean contrary to the Law of God and the Doctrine of Christ Notwithstanding which our Episcopal Canons rather follow the Pope then Christ and are so outragiously oppressive on Innocent parties Can. 4.7 that in all such Divorces they order Bond and Sureties to be given not to marry again during each other's life which is as before shewen a Doctrine of Devils forbidding to marry where God hath not forbidden Of the Custom of Protestants marrying with Papists There is no Religion in the World established by any wife Legislator which he desires to perpetuate but the chief means he takes care of to effect the same is by his Law to prohibit his followers to marry with Women of another Religion for they both seduce the Fathers and the Children And while even in their Nursing and before they have learnt their Mother-tongue they will with their Milk be so far season'd with Old-wives Fables as the greatest Doctors of truth will not often-times be able all their life after to get out again Moses as to this is very strict and positive Deut. 7.3 Where speaking of the Idolatrous Nations of the Land saith Neither shalt thou make Marriages with them thy Daughter thou shalt not give unto his Son nor his Daughter shalt thou take unto thy Son for they will turn away thy Son from following me that they
because in their making there was no Consent of an House of Commons and the House of Commons being but Delegates themselves can not Delegate the Peoples Interest in the Legislative to others for Delegatus non pâ—test delegare it was an Office of Personal Trust reposed in the Persons Elâ—cted to be Members of Parliament to treat with the King and assent to equal Laws in behalf of the People they could not grant over therefore this Office of Trust to Bishops or a Synod or a Council to treat with the King and assent to Laws for the People but every Member of Parliament ought either to refuse to accept of the Election or if he accept to serve in Person All Books of Canons made by Bishops without consent of Parliament void and not by Proxy assign or subdelegate in so great a Trust as to join in making Laws for the Publick Safety and Peace Hence will follow therefore That all Ecclesiastical Canons and Laws of Synods and Councils prohibiting Marriage without Publick Bans or Episcopal Licences and all Canons prohibiting Marriage in time of Advent Septuagesima and Rogation and all Canons prohibiting Marriage within degrees of Consanguinity and Affinity not prohibited by the Moral Law of God and all Canons prohibiting Marriage not made by the Ceremonies of a Priest and Temple and all Canons of the Council of Trent making null and void all Marriages not made before a Priest and two Witnesses are all in themselves utterly void for the House of Commons never assented to their making and all Laws prohibitory of Marriage being before shewn to be contrary to the Moral Law of God and to come from the Devil P. 52. and it being here shewn that they have no consent of Parliament such Books of Canons must in both respects be of necessity null and void as being neither the Laws of God nor Man in England but of the Devil according to which Books of Canons Bishops therefore Judging of Marriage contrary to the Moral Law of God and without any positive Law of Man their Judgment must likewise be void being according to the Law of the Devil and such Persons are no fit Judges who judg according to such Laws 7. They take to themselves the Fines and Penalties of their own Judgments That the Sole and Final Cause why Bishops so eagerly contest for the Jurisdiction of Marriage is Filthy Lucre is shewn before P. 52 53. c. and the same is so great a Pillar of the Kingdom of Anti-Christ that Pope ruin'd where Episcopal Jurisdiction of Marriage is taken away take but away Episcopal Jurisdiction of Maâ—riage the Papal Power is immediately ruin'd in those Provinces wheresoever it is done 1. In regard of the infinite Treasure he heaps hereby which appears before P. 52 53. 2. In regard of the Power he gains hereby over Kings and Princes in assuming to himself the Judgment of Filiations and Successions to Kingdoms 3. By enticing Princes to unlawful Marriages contrary to the Moral Law of God and procuring them to take his Dispensations for thereby such Prince and his Successors will be in great danger as to his Title unless he expose his Interest and Religion to obtain assistance from the See of Rome which made Philip the Second King of Spain who Married Queen Mary so furious to support the Catholick Religion in the Low Countreys by Fire and Sword and to make a Law That none should succeed him in the Government of those Provinces unless he took an Oath to maintain the Catholick Religion there and maintain the Authority of the Church of Rome And this made Queen Mary so cruelly furious against Protestants in England the Title of her Mothers Marriage and her Succession depending on the Popes protection And wheresoever any Prince is promoted by the Popes Canon Laws contrary to the Right of Succession instituted by the Moral Law of God such Prince to defend his Title against the right Heir by the Moral Law of God and his Successors become assured Vassals to the Religion and See of Rome 4. The Pope by procuring and dispensing Marriages of Catholick Ladies with Protestant Princes gains a numerous increase of Catholicks in those Dominions and many times turns the whole Tide to carry Tribute to Tyber But to return to the lesser Rivers the Bishops 't is no small stream of gain flows in to them too by such an unjust Power of Bribing themselves to Injustice by exercising so Arbitrary a Proceeding as to Fine and Commute what they please and putting it in their own Purses which should go to the Publick Treasury 8. They License Dispense and Pardon all Offences against the Law for Money It is to no purpose to make Penal Laws if the Judg hath liberty to License Dispense and Pardon Offences against them and nothing better enables him to do it than to allow a Judg to Fine or Commute and to put the Fine or Commutation Money in his own Purse now the Power of Licensing Dispensing and Pardoning Offences against the Laws of Marriage or any other Law must of necessity so corrupt the Judg as he will protect and increase the Vice he pretends to suppress Hence the Popes Taxa Camerae and the Bishops Courts increase more Fornication and Adultery than aâ—l the loose Women in the Countrey They are therefore no fit Judges of Marriage 9. They cannot be known whether they are Protestants or Papists if Bishops The Laws of Marriage have a very great influence on all Religions and in all Nations but more specially God hath been pleased in England to make the same the chief means and occasion in the time of H. 8. of planting the Protestant it is therefore of very great concern for the Preservation of the same that the Judges of Marriage be Protestants and it cannot be known whether they are so or no if Bishops 1. Because the excess of Riches which the Jurisdiction of Marriage Filtation and Succession especially to Kingdoms carries with it and all other Profits of a Bishoprick joined therewith are so great as may be too much a Temptation to any unless a Saint by Miracle to be of any Religion to obtain them and Christ himself Matth. 19 24. makes this Temptation so difficult to be resisted that he saith 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 Heaven yea he makes a Miracle necessary for any to obtain Riches and Heaven together for he saith Verse 26. With men this is impossible but with God all things are possible And Austin in imitation of this confesseth in effect the same difficile imò impossibile est praesentibus futucis bonis frui It is difficult yea impossible to enjoy the good things of this World and of that to come Damasus Bishop of Rome endeâ—vour'd to convert Praetextatus a great Heathen Phâ—losopher to Christianity he answer'd him Make me Bishop of Rome and I will turn
or Sheriff or Lord of the Barony in his County unless he excepted Partiality or other just cause against him 4. A taking of Pledges of the Defendant to appear 5. To make Return of the Writ and left Writs should be Counterfeit the Chancellour was Keeper of the Seal and Sealed them It appears by the Lex Julia de repetundis Chancellour not to sell Writs and Copies of Bills and Answers that the Master of Requests or Canceller was not to take any Fees for these Writs for giving or not giving a Judg out of the Province or County where the Defendant lived for it was a great vexation and oppression of the People to be Summon'd out of the Provinces on malitious Suggestions without cause and our own Parliaments in England have often complained against the same oppression here by the Pope on whose Citations and false Suggestions without cause men were compell'd to give personal Appearances at Rome as many and as often as he pleased if any would but buy there of his Officers a Citation and to prevent this vexatious exaction of Appearances on Writs of men out of their own Counties besides the requiring of Pledges on all Common Law Writs and the enjoining of Pledges to be taken in the Chancery-Writ of Subpoena as in the Lex Julia so is it mention'd in Magna Charta Nulli vendentus nulli negabimus Justitiam vel Rectum which is intended of a Writ of Right and all other Writs whereby Right is obtained for if the Chancellour were not to take Fees and sell his Subpoena's and other Writs he would not so often by them make men Travail thorough Nine Shires to Westminster when they may have better Justice done at home in their own County on no other cause than Fictitious and Malitious Suggestions of the Plaintiff and that he may take a Fee for the same and he would Cancel according to his Office more Petitions and Bills than he would Grant but assoon as Chancellours took Fees for Writs which Sale of Right 't is likely as Polydore says came from the French then no Suit could be begun without Writ all were driven to Westminster Parties Witnesses and Juries unnecessarily and to no purpose but to inrich the Judicatories and undo the People in like manner the Plaintiffs and Defendants ought to give one another mutually Copies of their Bills Declarations and Pleas at the expenses of the Giver which is very small and easie to the Parties and not to be compell'd to buy them of the Chancery or Common Law Officers so the Chancellour had neither his Jurisdiction to Judg of Equity or his Sale of all the Judicial Parts of the same and of the Law with it from the Law of England but A-la-mode de France from the Conqueror till Magna Charta abolished his Tyranny by the Judgment of Peers and of his French Comtes by the 28. E. 1. cap. 8. by which Act that gallant King grants every County the free Election of their own Sheriff after which the Land was free from the Chancellours Troubling men out of their own Counties by his Subpoena's till H. 5. Conquer'd France by which as is usual in other Conquests some Touch of the Diseases and Vices of the Conquer'd will be return'd on the Conquerors and accordingly in the time of his Son H. 6. the Subpoena and a Chancellour with a Pretorian Jurisdiction pretended of Equity with Power of making Laws Edicts and Chancery-Orders and Forms of Writs and to Sentence above all Appeal all which Powers belonged to the Roman Pretor of which the French Chancellour was the Ape and Ours of the French and this pretended Pretorian Jurisdiction ever since hath grown so much A-la-mode partly by making Bishops Chancellors who pretended Supremacy in all matters of Conscience and had in their hands amongst the Superstitious the flaming Sword and Thunder-bolt of Excommunication partly by their Power overtopping and overawing the Common Law Judges and partly by flattering the People with doing Justice in the English Tongue which was very grateful to them and would be as grateful now in the Common Law Courts if they could get it the Chancellours contrary to the greatest Fundamental Laws and Acts of Parliaments of the English introduced on them a most lawless Arbitrary Power and Servility of a Foreign Nation to dispose of their Lands Goods Persons Liberty and Propriety at their pleasure And what is more have assumed like the old Romish Pretors the Power of making Laws Edicts Forms Writs Obligatory to the Subject's Persons Lands and Goods for Coke on the Question In what Text the Common Law is to be found saith In Forms of Writs and Forms of Entries in Courts of Records And Bracton saith Breve ad similitudinem Regulae Juris Formatum So who assumes the Power of making Writs Judicial Edicts Forms and Orders assumes the Legislative Power notwithstanding and above Acts of Parliament to dispose of the Subject's Liberty and Propriety at pleasure yet this have Chancellours done Forming divers Writs in the Register out of their own Heads Lamb. Archeion which always are Formed for the greatest Profit of the Clerks and Courts which make them and not of the People and Episcopal Chancellours have so far in time of Popery deceived Parliaments that Westm 2. cap. 24. gives the Clerks of the Chancery as good as Power to make what Writs they will and the pretence is insinuated by the Clerks De caetero non recedant querentes à cur ' Regis sine remedio or Ne Curia Regis desiceret in Justitia exhibenda whereas none who understands the least part of the Forms of Judicial Proceeding there is who doth not know that the Kings Court if he please may do far better Justice if all the new Writs made by Clerks and all the old Writs in the Register were made a Bonfire all together and none but Copies of Declaaations served without them then 't is possible to do with them which Del gation of Power to Clerks to make Writs must be void for the making of Forms of Writs Edicts or Orders is an Act of Legislation and to give Votes in Legislation is a Personal Office of Trust reposed by the People in their Representative Elected by them and by the known Law no Office of Trust can be Assigned Granted over or Delegated if the Parliament therefore please to enact themselves any Judicial Forms or Orders of Proceeding they ought to be obeyed as Laws but it would be a great injury to the People if they should Grant over the Office of Trust in them to a Chancellour and Clerks never Elected or Intrusted by the People Chancellour of England or Scotland no Pretor Let a French Chancellour be therefore what he will 't is clear no English Chancellour ought to be a Pretor Judg of Equity maker of Laws Edicts Forms or Orders of Judicial Proceeding nor any Chancellour of Scotland the full of the matters of both whose Offices though they may differ
him by a Candiot Caloire call'd Sophronio a Preacher in Smyrna of great Repute and Learning That a certain Person for some Misdemeanours committed in the Morea fled to the Isle of Milo and being Excommunicated died In the mean time the Relations of the Deceased were much afflicted and Anxious for the sad Estate of their Dear Friend whilst the Peasants and Islanders were every Night affrighted and disturbed with strange and unusual Apparitions which they immediately concluded arose from the Grave of the accursed Excommunicate which according to their Custom they immediately open'd and therein found the Body uncorrupted Ruddy and the Veins replete with Blood the Costin was furnished with Grapes Apple and Nuts and such Fruit as the Season afforded whereupon Consultation being made the Caloires Resolved to make Use of the common Remedy in those Cases which was to Cut and Dismember the Body into several Parts and to boil it in Wine as the approved means to dislodg the Evil Spirit and dispose the Body to a dissolution But the Friends of the Deceased being willing and desirous that the Corps should rest in Peace and some ease given to the Departed Soul obtained a Reprieve from the Clergy and hopes that for a Sum of Money they being Persons of a competent Estate a Release might be purchased of this Excommunication under the hand of the Patriarch in this manner the Corps were for a while freed from dissection and Letters thereupon sent to Constantinople with this Direction That in case the Patriarch should condescend to take off the Excommunication that the Day Hour and Minute that he Signed the Pardon should be inserted in the Date And now the Corps were taken into the Church the Countrey People not being willing they should remain the Field and Prayers and Masses daily said for its Dissolution and Pardon of the Offender when one Day after many Prayers Supplications and Offerings as this Saphronio attested with many Protestations and whilst he himself was performing Divine Service on a sudden was heard a rumbling noise in the Cossin of the Dead Party to the Fear and Astonishment of all Persons there present which when they had open'd they found the Body Consumed and Dissolved as far into its first Principles of Earth as if it had been Seven Years Buried the Hour and Minute of this Dissolution was immediately Noted and precisely Observed which being compared with the Date of the Patriarch's Release when it was Signed at Constantinople it was found exactly to agree with the Moment in which the Body returned to its Ashes And he after saith Such is the much-tobe-Lamented Poverty of the Greek Church that they are not only forced to sell Excommunications but the very Sacraments and to expose the most Reverend and Mysterious Offices of Religion unto Sale for the maintenance and Support of the Priest-hood The same Author writing concerning the Armenian Church page 439. saith That Excommunication is as frequent amongst them as the Greeks by the Abuse of which the Priest procures the most considerable part of their Gains nor is any Ecclesiastical Right performed nor a Benefice confer'd without Money And p. 439. he saith That amongst the Armenians the Penance on which Excommunication or Absolution is to follow being once imposed by the Priest no man can Remit no not the Bishop or Patriarch himself 1. Hence is to be Observed That the only Final Causes why the Greek Armenian Romish and British Popes agree to Exercise Excommunication Penance and Absolution and to set Heaven and Hell to Sale for Commutation-Money are only Covetousness and Ambition and thereby to Lord it more imperiously over the Consciences Lives Liberties and Propriety of their Superstitious Adorers than any Temporal Emperor is able to do over his Vassals 2. That 't is the Prelate only pockets all the Money in the Greek Romish Ethiopian Muscovitish Russe and British Churches and starves the inferior Clergy and the Parochial Priest in the Arminian and that the Penance and Excommunication of the Parochial Priests must probably be heavier and his Absolution sold dearer than the Pope's or Prelat's because the remoteness of the one and the greatness of his Territory and that he must thereby leave all to Under-Officers and cannot Act in Person cause his Inquisitions not to be so strict but multitudes will find easie Evasions from them whereas the Parochial Priest having the narrow Bounds of his Parish always under his Eye and within his reach will not only swallow every Camel but strain at every Gnat which comes within his verge for the advantage of his Petty Dominion and Gains 3. That the Greek Popes are notwithstanding but Poor and the Romish Rich because the Grand Seignior being not Superstitious nor his Empresses nor fearing such counterfeit Fulminations as Excommunications and his Mufti 's or Arch-Bishops being only Durante Beneplacito and his Parish-Priests Elected by the People without Consecration or Ordination and Independent one of another neither the Greek Popes Patriarchs Bishops nor Priests nor his-own dare Excommunicate him whereas the Christian both Eastern and Western Emperors their Empresses Children and People having been permitted to be perpetually Educated by the Popes in Blindness and Superstition he hath them upon the matter in the condition of Sampson and Polyphemus with their Eyes pull'd out and makes them grind for him as he pleases or with his Ecommunications sends them packing as they in their Ignorance think to Hell or Purgatory which makes most for his Gains and Profit whereby he hath accumulated infinite Riches 4. The Effects of Excommunication on the Bodies of Dead men is either Witchcraft or a Cheat Witchcraft is possible to be sometimes not always as may easily be proved from the Raising of Samuel by the Witch of Endor and an Hundred Histories more related by Authors of unquestionable Credit And as the Devil may sometimes be permitted to abuse the Bodies of the best men when Living as he did Job's and what is the highest Example Christ himself carrying him to the Pinacle of the Temple so he may when they are Dead I shall Instance one only Example further in the Primitive times mention'd by Cornelius Agrippa de occult Philos lib. 3. cap. 41. where he Relates out of the Cretensian History That certain Ghosts which they call'd Catechanae were wont to return back to their Bodies and go into their Wives and lie with them for the Avoiding of which and that they might not annoy their Wives any more it was provided by their Common Law That the Hearts of them who did Arise should be thrust through with an Awle and their whole Carcasses be burnt to Ashes These without Doubt are wonderful things and scarce credible did not those Laws themselves and ancient Histories witness them The frequent practice likewise of Necromancers by their wicked Art to call the Devil into a Dead Body and take Responses from him confirm what hath been said And it may be likewise a Cheat for it
not yet it prohibits unlawful Invasions amongst all which that of Conscience is the greatest with a Denunciation of the ill Success shall follow sufficiently verified in the many Examples of Emperors and Princes when they went to make War against such as Defended their Conscience 2. To Plant Religion by the Sword is a Relapse to Popery and we commit that Crime our selves which we impute to be the highest in them 3. Error in Conscience is not in the Power of the Party to Redress it is unjust therefore to Impose a Penalty for what was not in the Parties Power to prevent before or amend after 4. Thoughts ought not to be punish'd by men before they break into External Acts or at least discover themselves by Words or Deeds to External Witnesses 5. Tests Penal are no other than the Romish Inquisition compelling men to accuse themselves Criminally or to commit Perjury to avoid it or to rebell to Defend themselves against it 6. Protection is the more Honourable which is hence given the Consciences of Foreign Protestants against Foreign Papists by how much the more merciful the dealing is of the Native Protestants here towards the Consciences of their Native Papists 7. If a Test is made Penal it ceases to be a Test for men will Swear contrary to their Consciences to avoid the Penalty whereas if no Penalty on Confession they would confess the Truth 8. This will Punish the Innocent together with the Nocent there being many of the poor sort of Papists who Curse the Covetousness of their great Ones who take Bribes Gifts and Pensions to themselves and leave the Inferiors exposed to all the Dangers It is a sufficient Use of a Test therefore if it only Dis-Office the Papist to preserve the Publick Government in Protestant-hands Whether Papists or Protestants ought to be Compell'd to Confession of Faith or any External Form or Ceremonies of Worship against their Conscience by Penalties It seems not 1. Because a Non-Compulsion is not an Approbation Non enim idem est ferre aliquid ferendum probare si quid probandum non est Cic. Fam. Epist L. 9. Ep. 6. Neither is it as much as a Toleration of the Popish Forms of Worship either of Images Idols Crucifixes Crosses Beads Reliques Masses c. But all Acts of Parliament remain in as full force against these Superstitions as before and the Command of Scripture as performable Deut. 12.2 Ye shall utterly destroy all the Places wherein the Nations which ye shall possess served their Gods upon the high Mountains and upon the Hills and under every Green Tree And you shall overthrow their Altars and break their Pillars and burn their Groves with Fire and you shall hew down the Graven Images of their Gods and destroy the Names of them out of that Place But a Non-Compulsion amounts to no more than this That the Penal Acts against Recusancy and Non-Conformity may be laid aside equally as to Papist and Protestant which destroy all Conscience in both 2. Because a Non-Compulsion doth not hinder but advance a Publique free Worship according to such Form and Ceremonies as shall be allowed by the King and Parliament only it frees from Force and takes away the Usurpt Supremacy of the Bishops of Forming Godliness into Gain by restoring it to the Legislative Power of the King and Parliament 3. Recusancy is easier foil'd by giving way than contending and Conformity easier won with Lenity than Rigor Vitia quaedam faciliùs tollit Princeps si patiens eorum est saith Senec. de Clementia Cede repugnanti cedendo Victor abibis Minus placet magis quod suadetur quod dissuadetur placet Plautus Noli Vitia irritare vetando Vidi ego nuper equum contra sua fraena tenacem Ore reluctanti fulminis ire modo Constitit ut primum Laxatas Sensit habenas Fraenaque in Effusa Laxa Jacere juba Ovid. I saw my self an Horse curb'd with a Bit To flie like lightning in despight of it But still he stood as soon as he no Check Felt and the loose Reins cast were on his Neck 4. Chrysostome Hom. 19. in Matth. saith Do the Sheep persecute the Wolf No but the Wolf the Sheep Whence appears that those Protestants who persecute Dissentient Protestants for their Conscience are Wolves in Sheeps Clothing and to be Censur'd far worse than the Papists who do it openly in the Form of a Wolf 5. Thy own Conscience is not Infallible nor Immutable Let him that standeth take heed lest he fall It were a great shame therefore to be over-violent in that from which thy own Conscience or Practice may perhaps eftsoones be Changed 6. Non-Compulsion to discover it self to punishment is the best Right that a Conscience so Innocent as abstains from discovering it self only that it may not thereby offend can crave Tacere liceat nulla Libertas minor à Rege petitur Senec. Oedip. Govetousness the only cause of Compulsion of the Conscience to Confession of Faith or Form of Worship 7. The Final cause of Punishing Consciences which are silent and offend not is only Insatiable Covetousness which can pretend no other cause or colour of taking the Spoils of Innocents Thus Popes and Bishops Rob and Murder the greatest part of Christendome under the name of Hereticks And the Turks the greatest part of the World under the name of Unbelievers and Mahomet after he hath in many places of his Alcoran incited his followers to Fight with Kill and Slay such Unbelievers and take their Goods and Lands from them wherever they can find them he Commandeth them to bring a share of the Spoils to the Prophet meaning himself and saith further Alc. cap. 61. God loveth those who Fight in Rank and File for his Law And what other Doctrine and Practice do Popes and Bishops Preach and Act but the same which shall take the Spoil of the miserable People they get under their Power for no other Crime but their Conscience for this they contend one with another and offer Force to destroy the Conscience it self and Body and Soul with it so they may Seise their Prey of Goods and Lands as Jezabel did of Naboth 1 Kings 21.8 So she wrote Letters in Ahab's name and Sealed them with his Seal and sent the Letters unto the Elders and Nobles that were in his City dwelling with Naboth And she wrote in the Letters saying Proclaim a Fast and set Naboth on high among the People and set two men Sons of Belial before him to bear witness against him saying Thou did'st Blaspheme God and the King And the men of his City even the Elders and the Nobles who were the Inhabitants in his City did as Jezabel had sent unto them They Proclaimed a Fast and set Naboth on high among the People And there came in two men Children of Belial and sate before him and the men of Belial witnessed against him even against Naboth in the presence of the People saying Naboth did Blaspheme God and