in these Articles Bishops presumed to be Legislators Judges and Executioners in their own Case for the Bishops make the Article 36. whereby they Constitute themselves Arch-Bishops and Bishops and Article 32. They Declare it lawful for all men to Marry Article 34. They Ridiculously make Traditions of the Church to be Changeable according to Diversity of Countries Times and mens Manners so before they come to their Ceremonial Law they set up their Legend-Law and the Ceremonies must be Founded on what Legends they please and no man must oppose either Tradition or Legend or Ceremonies set up by Common Authority that is by Authority of the Bishops for the House of Commons never Authorized them Rog. Art 34. Prop. 2. p. 196. Then Article 33. they Order Excommunication Delivery to Satan Penance and Absolution Then to compell the Observation of these Articles Anno 1603. They assume the Legislative Power to make Canons and Constitutions Ecclesiastical without the assent of the House of Commons they Order Saying or Singing of Common-Prayer and the Letany with all the Ceremonies prescribed by the Can. 14 15. Copes Surplices and Hoods to be wom in Cathedrals by Can. 17 27. Marriage not to be without Banns or License Can. 62. None to deliver from Satan without the Bishops License Can. 72. And no Minister to Preach Read Lecture or Catechize without Subscription to the 39. Articles Can. 36 37. And then to make clear work they Order That if any affirm any of the Nine and Thirty Articles made by the Arch-Bishops and Bishops to be in any part Erroneous or such as he may not with a good Conscience Subscribe to let him be Excommunicate Ipso facto which is without Summons or Hearing Can. 5. Can. 9. So unless the Protestant-Minister will Popishly acknowledg the Bishop to be Infallible and without Error and that all his Traditions and Ceremonies of Worship of Marriage and the like Ordained by Episcopal Authority are of Divine Right to oblige the Conscience and that he neither can Teach nor Fast nor Pray though to deliver from the Devil without his License Here is a Test wherein the Bishop assumes to be Legislator Judg an Ipso facto Executioner in his own Cause against a Protestant-Minister and not only prohibited to speak Book of 39. Articles and of Canons oblige not the Subjects to Clergy or Lay. but his Conscience to think against it in his own Defence 3. This Subscription to the 39. Articles ought not to be Imposed as a Test because neither the said Book of Articles nor Book of Canons had the Assent of the House of Commons at the time of their Making without whose Actual and Express Assent no Law or Canon or Article can be made to oblige the Subject which is more fully proved before Whether the Positive part of the Oath of Supremacy is a true Test The Form of the Oath 1. Eliz. 1. is as followeth I A. B. do utterly Testifie and Declare in my Conscience That the Kings Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly Renounce and Forsake all Foreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successors or Vnited and Annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book It being granted that no true Test can be which the Conscience of a Protestant weak or strong ignorant or knowing refuseth or is doubtful to take it is manifest that the positive part is refused by a very considerable part of the People and a greater part are doubtful and take it with Reluctancy yet are they such as cannot be doubted to be sincere Protestants in Religion and most Faithful and Loyal Subjects to the King and their Objections seem to be these 1. The words only Supreme Governor are of so infinite and unlimited an Extent in the Letter that there is necessity of limiting them in the intention which intention being Implicit only and not Express may be made so various by Expositors that the same likewise is infinitely ambiguous and unintelligible and that Pious Queen Elizabeth being at her first Entry to the Kingdom as good as under the Wardships of Bishops could not avoid the Forming of this Oath of Supremacy by them on the first Act and Year of her Reign and to impose the same on the Subjects not for her Benefit but their own though after finding the same so general obscure and wrested by false Interpretations she endeavour'd by a subsequent Declaration published to have explained and limited the same according to her true intention and meaning but the same being not done by Act of Parliament proved not sufficient to relieve many doubtful and wounded Consciences amongst the People of which vide more at large before p. 167 168. 2. The words Supreme Governor include both the Legislative Judicial and Executive Power The words only Supreme exclude Parliaments and the word only excludes literally the Parliament from having any Vote in either whereas the known Law of the Land is That no Law can be Enacted to bind the People without the mutual Assent of the King and their lawful Representative in Parliament and that no Contract of Supreme Government can be made without the Assent of two Parties at least and not one only 3. The words only Supreme Governor in all Spiritual things according to the Letter include the Papal Power of Dispensation with the Law of God of Receiving Confessions of Sins Imposing Penance Excommunication Absolution and Pardon of Sins which are Powers only belonging to God in Person and ought not to be Assumed or Exercised by Angels Saints Daemons or Men. 4. The same words include Supreme Power over the Souls and Consciences of men which is a Power belonging only to God in Person and ought not to be Assumed by Angels Saints Daemons or Men. 5. When all this Supremacy in Spiritual things is congested into an Oath and the Flowers inseparable from the Celestial Crown presumptuously attempted to be torn thence and annexed to a Temporal what is the Design and Effect of it but that the Bishop Robs both God and the King of the Supremacy pretended to both but intended to neither for where will the Bishop permit the Temporal Prince to dispense with the Law of God to Receive Confession of Sins to Impose Penance to Excommunicate to give Absolution and Pardon of Sins but he will command him to desist or what is worse with his Temporal Sword to beat the Bush that the Bishop may catch the Bird or with his
Part. Fol. 584. saith And here is to be observed how the Statute of 35. E. 1. hath been dealt with since the 17th of E. 3. for in an Act that Year a branch of the Statute of 35. E. 1. was recited That forbad any thing should be attempted or brought into the Realm which should tend to blemish the King's Prerogative or in prejudice of his Lords and Commons which is now wholy omitted and Fol. 585. he saith Note in the Roll of Parliament of the Statute of 38. E. 3. Cap. 1. of Provisors there are more sharp and biting words against the Pope then in Print a Mystery often in use but not to be known of all men from which examples it is manifest that this came by the Fraud of the Bishops who before Printing were Masters of the Authentick Copies of the Laws appointed for promulgation and since Printing are Masters of the Press to interdict and publish what they will Accipe nunc horum insidias Crimine ab uno Disce omnes These few Frauds are discover'd in Print against the Interdictors of Printers which discovery they would likewise have interdicted if they had been able for these latter Books of my Lord Coke were prohibited to be Printed and got out in the late time of Troubles but by these it is clear which were only spoken obiter and without any inquisition after them that all they are guilty of are not discover'd and that to give either Spiritual or Temporal Judges Power to interdict the Press is to give them Power to have what Law what Gospel what Text what Translation what Canonical what Apocryphal what Scripture what Act of Parliament what Common Law what Statute what Religion what Justice what Liberty and what Slavery they please Besides which Power of Fraud and Forgery destructive to all Truth these further mischeifs follow all interdictions of the Press but I shall first answer such Objections as are made against the Liberty of it Object 1 First If Liberty of the Press should be permitted Enemies would have it equal with Friends Papists with Protestants Hereticks with Orthodox Secondly They would Print Blasphemy Idolatry Treason Rebellion Vncleanness Calumny Reviling Derision and all manner of Heresie Answ 1 To the First is answer'd 1. That it is impossible to exclude Enemies and Papists from Printing they being possess'd of so many Transmarine Presses whence they can with far greater advantage vent their matters then from any Presses in England 2. Admit they could be excluded yet in prudence they ought not but are more necessary to be admitted then Friends for those whom we use to call Friends are pessimum inimicorum genus Adulantes the worst kind of Enemies Flatterers who flatter and sooth us up in our Vices and destroy us but any truth of our Faults we shall never hear but from Enemies Plutarch therefore calls an Enemy a School-Master which costs us nothing 2. As to the matters of Blasphemy Idolatry or Uncleanness neither Enemy or Friend will so far dishonour themselves or their Cause as to Print them openly for it is against their interest As to Treason or Rebellion who that hath an Enemy doth not desire to know before-hand wherein the strength of his Cause as well as of his Forces lies and to have the War Proclaimed in Print before it begin that he may the better provide against Besides if there were but a Law made that nothing shall be printed without the names of the Author and Printer with their Additions and Designations And that all Crimes against the publick committed by Printing should be punished by Indictment according to Law and all injuries to private persons should be reparable by the parties injured on their Actions according to Damage Who would dare make himself guilty of a publick Crime or private Injury in Print to which he had set his name 3. As to matters of Heresie such as by accident become dangerous to public safety the prudence of the Legislators may where they find cause prohibit them both Press and Pulpit but not in the Thoughts and Consciences of Men As in the end of the Wars of Germany between the Lutherans and Catholicks it was Enacted mutually on both sides on pain of death That no Catholick should Preach against the Lutheran Doctrine or Lutheran against the Catholick but both should enjoy the liberty of their own Consciences to themselves This agreement was here made otherwise those bloody Wars would never have ended without a total destruction of one of the Parties And likewise such a Law were here much more necessary between dissentient Protestants who were Brethren then it was between the Lutherans and Catholicks who were mortal Enemies That no dissentient Protestant should Print or Preach publickly on any point of Ceremonial dissentiency or other matter not necessary to Salvation except in such matters as are particularly allowed by Supream Authority to exclude Popery there being Field-room enough in the Moral Law of God to exercise gifts in Preaching and matters which have the promise of this life and of that to come and no cause for any to complain who have liberty likewise of Conscience to use what Protestant Ceremonies and Form of Worship they will to themselves though they have not power to compel the Consciences of others who are dissentients But if Protestants are tolerated to Print or Preach against one another this is the thing the Papist would have and knows will in the end make them both a prey to himself But though Protestants ought not to preach one against another yet the juncture of Affairs being not at present in great Britain as before mention'd in Germany and an appearance of War Plotted by the Papist rather to begin than end with the Protestant the Bishops ought not to be suffer'd to interdict either Press or Pulpit to the Protestants against them To come at length to the further mischiefs insuing the Interdiction of the Press any Interdiction of the Press except in Cases before mention'd either to Friend or Enemy is a dishonour to the Protestant Religion as if it dared not suffer it self to be disputed or to meet an Enemy in the open field whereas in truth it is not Protestancy but Episcopacy 'T is not the Moral Law which is the Protestant Law but the Ceremonial which is the Popish Law which dares not encounter the shock of an Enemy And 't is Fiction and not Truth Vice and not Vertue which fears either Press or Pasquil 2. The Foreign Presses being impossible to be interdicted to the Papist if the English are interdicted to the Protestant he is thereby silenced and prohibited to answer the Papist let him preach what he pleaseth 3. By Interdiction the profit of the English Protestant Print-houses will be transported to Foreign Papists which will be a great discouragement to so necessary a Trade in England and prejudice to the Protestant Religion and Policy 4. The Interdiction of the Press will multiply the greater evil
and no Certificate of Bishops hath power to take that right from them 7. Here the wantonness of Widows is forbidden who are for new Husbands as soon as the old is put in his Grave whereby who are Fathers of their Children is made uncertain 8. Here is no false Fathering of Children on those who are within four Seas 9. Here is no punishing Men twice for one offence once by the Temporal Court and then by the Spiritual Court or contrary punishments by contrary Courts one by the Contentious Court and another by the Penitential Court 10. Here is no Auricular Confession of their Wives or Daughters by Priests in Temples or Chambers and defiling thereby of their Families 11. Here is no punishing of Women for bringing forth Children nor the Murders of so many Infants caused thereby as by the Papist Laws is continually done Yet I conclude though the Law of the Turk is far better than that of the Pope and shall rise in Judgment against such as plant his Canons in their Courts in defiance of the Law of God and Nature I think neither a fit Rule to judge Marriage Legitimation or Succession by CHAP. V. Marriage Filiation Aliment and Succession not to be judged by Ecclesiastical Laws THE Question is Whether Marriage Legitimation and Succession ought to be judged by Ecclesiastical Laws No English Lawyer can mention my Lord Coke without great honour but how he came so biass'd as to endeavour to set up Papal and Episcopal Laws under the name of Regal appears not Object 1 It is objected by Coke lib. 5.1 part 40. in Cawdryes Case That the Kingdom of England is an absolute Monarchy and if the King cannot Authorize by his Commission or Writ Ecclesiastical Judges to determin and judg those great and important Causes of Matrimony Divorce and general Bastardy by Certificate of the Bishop who is the Ecclesiastical Witness and Judg both of Fact and Law and by the Canon Laws which by use and custom are now our Ecclesiastical Laws Then he is disabled to be supreme Governour of this Realm in all Spiritual things or Causes as well as Temporal according to the Oath of Supremacy due to him And that he could not then cause Justice to be administred to his Subjects in these so great and important causes of Matrimony Divorce and general Bastardy on which depends the strength of mens Descents and Inheritances This I conceive though not in the same words yet in sence and substance to be the weight of my Lord Coke's Argument whereby he would make use of Marriage as one means amongst his many other to set up an Ecclesiastical Law and Judg over the Temporal Freeholds and Inheritances and other Birth-rights of the Subjects To which is answer'd First As to the words Absolute and Supream I suppose he intended no such absolute Monarchy or Supremacy as is not under the Law of God though it be not so express'd in the form of the Oath of Supremacy For though Regum timendorum in proprios greges Ecclesiastical Laws not needful to the King's Supremacy but hurtful Reges in ipsos imperium est Jovis then I think he doth not intend it to be above the Law of the Land seeing the King himself by his Oath is pleased to oblige himself to his People to govern according to that Law where it is not contrary to the Law of God Then as to the pretended want of Power of doing Justice concerning causes of Free-hold and Inheritance depending on marriage except by Ecclesiastical Laws and Judges that is very strange for how was Justice done in the times of Primitive Christianity for many Hundred Years after Christ when neither Bishops or any other Ecclesiastical Judges ever pretended Jurisdiction todetermin Temporal Right or Propriety but left the same to be judged by the Imperial Laws How was Justice done in the time of Henry the Second when the Jurisdiction of all Matrimonial causes remained in the Temporal Courts Richard the First his Son being the first as Matthew Paris writes whom the Clergy got by his publick Edict to give the Jurisdiction of Power and Gifts by reason of Marriage and of all Matrimonial causes to the Bishops Courts and the same Richard likewise gave them Jurisdiction of all breach of Faith Promises and Oaths whereby if much of the Power so rashly granted had not been by him so speedily resumed they had hookt to themselves the whole Jurisdiction from the King's Courts of all Contracts and Conveyances Bonds and Obligations as well as Marriages concerning Temporal Goods and Inheritances And why cannot general as well as special Bastardy be tryed at Common Law And how likewise are all Rights depending on all Marriages made during the late Civil Wars by pretence of any Ordinance of Parliament made by 12. Car. 2. cap. 33. to be tryed by a Jury and the Common Law and not by Certificate of the Bishop or any Ecclesiastical Judg to the advancement and not prejudice of Justice and a far greater expedition and advantage to the same would it be if by the like Act the Jurisdiction of all Marriages and Legitimations as it was in the time of Henry the Second were again restored to the Common-Law-Courts So likewise anciently Bastardy alledged in an Action of Trespass was triable by Jury but now usurped by Bishops as well in personal as real Actions 4. Edw. 4.35 Object 2 Coke lib. 5.1 part in the same case of Cawdry it is further alledged Circumspectè agatis gives no Jurisdiction of Marriage to Bishops That the Statutes of Circumspectè agatis made 13. Eliz. 1. of Articuli Cleri made 9. E. 2. Anno Domini 1315. of 15. E. 3. Cap. 6. of 31. E. 3. Cap. 11. give Jurisdiction of marriage to Bishops To which is answer'd That in the Statute of Circumspectè agatis there is not a word mention'd of marriage but only by it Jurisdiction is given to the Bishops of Fornication and Adultery which is not Marriage but rather Anti-marriage for Marriage is an Ordinance of God Fornication and Adultery are Ordinances of the Devil and whereas before the Jurisdiction of Fornication and Adultery as acknowledged by Coke lib. 5.1 part 488. was in Leets under the name of Letherwit or more properly Lecherwit yet had Leets never Jurisdiction of Marriage or Divorce neither consequently could Bishops have it from them As for Articuli Cleri and the other Statutes there is not a word in them concerning Marriage nor so much as of Fornication and Adultery the Jurisdiction therefore pretended was never given by any Statute Linwood likewise expounds the words of the Statute of Circumspectè agatis which gives Bishops Jurisdiction of all deadly Sins as Fornication and Adultery and the like Non intelligas de omni peccato mortali sed de tali cujus punitio spectat merè ad forum Ecclesiasticum nam si de ratione cujuslibet peccati mortalis cognosceret Ecclesia sic periret temporalis gladii Jurisdictio
and Earth and all the good Angels his faithful Ministers to assist me in the defence of the faithful obedience to the Law of the Gospel and of his Church Assist me O Christ assist me O Jesu assist me O Holy Spirit Ed. Kelly It appeareth written on a White Crucifix My Grace is greater then the Commandment for my Grace is such that Mad-men shall attain Blessedness Verily I say unto you If I command a man to kill his Brother and he doth it not he is the Child of Sin and Death c. Dr. d ee Hereupon we were in great amazement and greif of mind that so impure a Doctrine should proceed from such as I from the beginning and hitherto had judged and undoubtedly esteemed good Angels and had unto Edward Kelly offer'd my Soul as a pawn to indemnifie Edward Kellys crediting of them as the good and faithful Ministers of Almighty God But now my heart was sore afflicted on many causes and Mr. Edward Kelly had as he now thought he had a just cause of leaving dealing with them any more and his Prayer to God had been as he said of a long time that he might have power to do it Afterward I made some Declaration to our Wives of this our great greif by reason of the Command laid upon us to use Matrimonial Acts between us four in common which thing was strange to the Women and they hoped of some more comfortable issue of the matter and so for that time I left off After Edward Kelly had been four hours in seeing new Apparitions giving him admonition to receive the same Doctrine with threatning of Judgment upon us if we should not and many other things told me We departed each to Bed where I found my Wife awake attending to hear some new matter of me And we being alone I then told her and said Jane I see there is no other remedy but as hath been said of our cross Matching so it must needs be done Thereupon she fell a weeping and trembling for a quarter of an hour and I pacified her as well as I could and so in the fear of God and beleiving of his Admonishments did persuade her that she shewed her self prettily resolved to be content for God's sake and his secret purposes to obey the Heavenly admonishment But Edward Kelly who had divers other Apparitions made to him in his own Chamber remained notwithstanding in his purpose of forsaking and utterly discrediting these Creatures A Spirit calling himself Raphael the Arch-Angel there speaketh to them who were not satisfied with the Testimony of Madimi Raphael Dear is thy Wife more dear is Wisdom and most dear ought I to be unto thee Thou being Elected tremblest and by doubting sinnest all these things are lawful unto you I admonish you as the Children of God to consider your Vocation and the love of God towards you and not to prefer your Wisdom before the Wisdom of the Highest whose Mercy is so great towards you Consider that if he find you obstinate the Plâ—gues of hainous Sinners and the contemners of the gifts of God shall fall upon you Therefore shew your selves lovers of him that hath led you and cover'd you with a mighty Sheild or shortly look for the reward of those who contemn the Wisdom and Majesty of the Highest I Raphael counsel you to make a Covenant with the Highest and to esteem his Wing more then your lives After some little discouse and conference there they went to Bed April 20th 1587. April 21th 1587. John Dee Edward Kelly Jane d ee and Jane Kelly promise to God though above their Carnal reason in Abraham-like faith and obedience to subscribe a Covenant to him to have one another in common April 22th 1587. Edward Kelly having on further consideration a new reluctancy concerning this promiscuous Matrimony makes a Declaration in writing that he would from that forward no farther meddle therein April 24th There are further Prayers made to God desiring a further manifestation of his pleasure concerning this new Doctrine so contrary to the Laws formerly promulgated by him A great flame of Fire appeareth in the principal stone standing on the Table before Edward Kelly and behold one suddenly seemeth to come into the South Window of the Chappel right against Edward Kelly but before that the stone was heaved up an handful high and set down again well which thing Edward Kelly did think signified some strange matter toward Then after the man who came in at the Window seem'd to have his nether parts in a Cloud and with spread abroad Arms to come towards Edward Kelly at which sight he shrunk back somewhat and then that Creature took up between both his hands the principal stone and frame of Gold and mounted up away as he came Edward Kelly catch'd at it but could not touch it at which thing so taken and carried away and at the sight thereof Edward Kelly was in great fear and trembling but Dr. Dee was glad and well pleased A Fire next appears in the lesser stone left behind on the Table and a man in the fire with flaxen hair hanging down on him being naked to the Paps with spots of blood upon him and in the shape of Christ Christ If I had intended to have overthrown you or brought you to confusion or suffered you to be led into temptation beyond your strength and power then had the Seas long since swallowed you yea there had not a Soul lived amongst you But the Law and tidings of Gladness in Mankind are both grounded in me I am the beginning and the end behold I was even my self the figure of Misery and Death for your Sins why therefore disdain you to be figured after me And as I have made you the figure of two People to come so have I likewise sanctified you in an holy Ordinance giving you the first-fruits of the time to come contrary to my self I teach you nothing for this Commandment is not to be given to Mortal men but is given to you to manifest your Faith I I am the first and the last and I will be Shepherd overall that the Kingdom of my Father may come and that my Spirit may be on all flesh where there shall be no Law nor need of light for I my self will be their light for ever I am Holy and Holiness it self and out of me cometh no unclean thing and if there be any of you that seeketh a Miracle at my hands and beleiveth in my words let him or her present themselves here next Monday and he shall perceive that I was the Judg of Abiram and the God of Abraham May 3d. being Sunday 1587. Stylo Novo A Covenant with God is drawn into form that according to his new Commandment they will by Abraham-like-faith and obedience use Matrimonial Acts with one another in common and was subscribed by John Dee Edward Kelly Jane Dee and Joan Kelly at Trebon-Castle The Covenant being thus formed written
Children the same ought to be wholly and intirely performed to such Sons and Daughters in all Successions whether to a Testament or an Intestate And in short that they ought not to be made unlike other Children in Successions whom Nature hath made like Hence it appears that the Civil Law wills the Succession of Children shall be according to the Law of Nature and not according to any Canon Law or Law made by the Priest Natura duce errare nullo modo potest Tul. 1. de leg Cum vero parentibus rediti deinde Magistris traditi sumus tum ita variis imbuimur erroribus ut vanitati veritas opinioni confirmatae natura ipsa cedit 3. Tusc Where nature is our Guide it is impossible to err but when we fall into the hands of Parents and are delivered to Shool-Masters we are then infected with so many Errors that all truth gives place to vanity and Nature it self yields to opinion accustomed To fight against Nature is like Giants to fight against God Cato major Of the Final Causes of Marriage by the Law of God and Nature The Final causes of Marriage which is the Ordinance of God and not of Man are not to fill Priests pockets with money or to satisfie their insatiable Covetousness and Ambition to set their Foot on the Necks of Emperours and Kings in their Legitimations and Successions and thereby to dispose of the Kingdoms of Princes and the Liberty Propriety and Goods of the Subjects at their Arbitrary will and pleasure But the Final causes of Marriage by the Law of God and Nature are three 1. Procreation of Children 2. That Man might have an Help-meet for him there being many necessities especially in time of sickness wherein Man cannot be without the help of a Woman 3. To make his life more pleasant and delightful Tristis sine conjuge lectus As for the first part which is the greatest and chiefest end of Marriage namely procreation of Children without which the World cannot be continued To be the shorter I shall only mention one Poet as follows Providei ille maximus mundi-Parens Cùm tam rapaces cerneret fati minas Vt damna semper sobole repararet nova Excedat agedum rebus humanis Venus Quae supplet ac restituit exhaustum genus Orbis jacebit squalido turpis situ Vacuum sine ullis classibus stabit mare Alesque Coelo deerit silvis fera Solis Aer pervius ventis erit Sen. in Hippol. Fates cruel Threats when the great Parent saw Against his Creatures by as great a Law He then Inacted all those whom it slew Sould by new Births perpetually renew Should Venus lease and should not still restore With fresh Supplies Natures exhausted store On squalid Earth no Beauty would remain No gallant Fleets would dance upon the Main No Deer in Woods no Birds would be in Skie Winds only through sad Air would sighing flie There could be neither King nor Parliament nor People nor Governours nor Governed neither could the Protestant Religion defend it self against Pope or Turk without Marriage for though it be Apocrypha it is truly said Esdras 4.15 Women have born the King and all the People that bear rule by Sea or Land The End of the First Book THE CONTENTS Of the Second Book BY what Judg Marriage Filiation Aliment and Succession ought not and ought to be Judged Of the Five Competitors to be Judges of Marriage Filiation Aliment and Succession 1. The Bishop 2 The Magistrate 3. The Souldier 4 The Parents 5. The King and Parliament 137 Exceptions against Bishops being Judges in reference to the Legislative ib. Except 1. They assume to be Judges Jure Divino without a Sign of Mission from God which overthrows the Legislative Power of the King and Parliament ib. Of the Sign of Mission required by the Grand Seignior from Sabatai Sevi a counterfeit Jewish Messiah 139 2. They have falsely translated the Scripture in all words relating to Marriage 142 They have falsely translated Ish Isha Zona Kadesh Philiegesh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Husband Wife Harlot Concubine c. 142 No such as word as Concubine in the whole Original Scripture ib. They have falsely translated the Seventh Commandment Lo Tinaph to be Adultery 145 They have falsely translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be Fornication ib. They have falsely translated the Tenth Commandment in the words Wife Man-Servant Maid-Servant 146 They have falsely translated Mamzer in the Old and Nothus in the New Testament Bastard Wherein are noted the Errors of Coke Skene and Grotius in following Episcopal and other Popish translations ib. Of the absurdity of Common and Ecclesiastical Lawyers who make the Child born without the Ceremonies of a Priest and Temple no Sib Kin or of Blood to the Father who begot or the Mother who bare him 154 155 Further Reasons shewn that they have falsely translated Mamzer in the Old and Nothus in the New Testament Bastard 156 No such word or thing as Bastard in the whole Original Scripture or amongst the Hebrews Greeks or Romans 3. They have corrupted the Press both as to Scripture and Acts of Parliament and interdict Protestants to Print against or answer Papists 162 A Counterfeit Act of Parliament Printed by Bishops against Protestants and the true supprest 163 Mischiefs which follow the Interdiction of the Press to Protestants 164 165 4. By pretence of giving the King the name of Supremacy they have taken the thing to themselves 167 5. By pretence of giving the King Supremacy by the Ceremonies of the Coronation they take it from him to themselves 169 David Anointed and Crowned by his Parliament and not by the Priest 173 6. They assume in all matters concerning Marriage Filiation Aliment and Succession to be above Appeal to the Kings Courts 175 Of the abominable Judgement pass'd by the Common Law Judges in Kennes Case Coke lib. 7.42 whereby they gave away the Supremacy of the King's Courts to Bishops and made them in all causes Matrimonial subject to no Appeal ib. Exceptions against Bishops being Judges in reference to the Judicial Power 180 1. They are prohibited by the example of Christ to Judg Marriage Filiation Aliment or Succession ib. 2. They are totally ignorant of the Fact and were never Educated in the Laws by which they pretend to Judg Marriage 181 3. They Judg by a Chancellour and not in Person 4. They have Plurality of Offices and more than they are able to serve yet will be Judges of Marriage besides ib. 5. They are ambidextrous and amphibious Judges 182 6. They Judg Marriage by pretended Canons and Laws made by Bishops without assent of Parliament ib. 183 7. They take to themselves Fines and Penalties of their own Judgments 184 8. They Licence Dispence and Pardon all Crimes within their pretended Jurisdiction for Money 9. They cannot be known whether Protestants or Papists if Bishops 185 10. They Judg by Fictions and not by Truth 11. They Judg
are totally Ignorant except only to take account of the Money and Gaines 3. They Judg by a Chancellour and Commissaries and not in Person The Causes are First Ignorance whereof they are before proved Guilty The Second Pride that they may be equal to Kings who pream Judg or Legislative Power can delegate Judgment A Bishop must therefore be a Judg Supream or Delegate if he Arrogate to be Supream he ought not to be suffer'd if a Delegate Delegatus non potest Delegare The Third is Sloth to take the Gains and not the Pains of doing Justice The Fourth is Covetousnes that they may have Plurality of Offices and let them to Farm to Deputies all which are most sad Ingredients to compound a Judg of Marriage Filiation and Succession and it is clean contrary to the known Laws for any Judg Delegate to Act by Deputy and not in Person for the Office of a Judg is an Office of Trust and cannot be granted over and neither ought nor can be executed by any Assign Deputy Commissaries or Chancellour but ought to be served in Person besides they Excommunicate by Lay-deputies contrary to their own Pretences that the Power of the Keys belongs only to Persons in pretended Holy Orders 4. They have Pluralities of Offices and more than they are able to serve yet will be Judges besides One good thing is remembred of Becket Arch-Bishop of Canterbury who though he was a Traitor to King Henry the Second yet being first by him made Chancellor of England and after made Arch-Bishop of Canterbury before he would take upon him the Office of Arch-Bishop he of his own accord first surrendred his Office of Chancellor not thinking it fit for one man to have two such great Offices at once but they now make St. Peters Net of so small a Mash that great or small all is Fish that comes to it And first they begin with the Coronation Office already mention'd then the Offices of Legislation in Parliaments of Legislation in Assemblies of Legislation in Synods of Chancellors of State of Negotiators of Intelligencers of Soldiers of Treasurers of Almoners of Temporal Barons of Masters of the Ceremonies of Worship of Visitors of Inquisitors of Confessors of Penancers of Excommunicators of Pardoners of Absolvers of Dispencers of Faculties of Interdictors of Marriages of Liâ—ncers of Marriage of Interdictors of the Press of Licencers of the Press of makers of Ministers of Licencers of Preachers Curates Lecturers Schoolmasters Physicians of Consecrators of Churches of Consecrators of Church-yards of Interdictors of Burial of Interdictors to cast out the Devil by Fasting and Prayers of Licencers to cast out the Devil and many others out of each of which they reap gains yet are not able to serve the least part of them but let them to Farm to their Spunges whom they squeeze into their own See whereas they cannot so much as pretend any Mission from Christ for more than One Office which is of Teaching in Season and out of Season and would they follow that as they ought the same would be sufficient to take up the whole man and leave them little leisure of being Judges of Marriage Filiation and Succession or to execute any other Temporal Office 5. They are Ambidexter and Amphibious Judges in Spirituals and Temporals They cannot deny that Marriage since it was purified by the Protestant Religion from the defilement of being a Romish Sacrament and Filiation Aliment and Succession incident to the same became meer Temporal matters and nothing can be more Temporal in it self or wherein the higest Temporal Rights of Princes and People of Liberty of Person and Propriety of Goods Freehold and Inheritance are more concerned than in them and it being likewise confess'd both by Common and Ecclesiastical Lawyers That the meer Spiritual Judge ought not to judg of Temporal matters neither was there any such Jurisdiction ever pretended to Marriage by the Pope himself but as to a Spiritual Sacrament and in Ordine ad Spiritualia he by it deposed Kings and disposed of the Succession of Kingdoms at his Will and Pleasure Unless therefore a Bishop will affirm That Marriage continues still a Romish Sacrament or that he may like the Pope judg of any Temporal matters in Ordine ad Spiritualia he hath no pretence or colour of Right to be a Judg of Marriage Filiation Aliment or Succession but let the Right be what it will de Facto he hath got a Spiritual Lord and a Temporal Baron into one Doublet and produced from thence a monstrous Ambidextrous Jurisdiction with the Spiritual Sword in one hand and the Temporal in the other neither Divine nor Humane nor Fish nor Flesh but like the Amphibious Crocodile partly with Tears partly with Terror Raving both by Land and Water and Destroying in both the Elements of Spirituals and Temporals 6. They Judg Marriage by pretended Canons and Laws made by Bishops and Synods which are no Laws but are utterly void they not having had in their making the Assent of the Parliament No English-man can deny That to make a Law are required the joint Assent both of King and Parliament and if either is wanting there can be no Law decreed and enacted by any other Convention Ecclesiastical or Lay whether Council or Synod And this is so great a Birth-right of the People That if any House of Commons who are Elected by the People and intrusted by them to be their Delegates to treat with his Majesty or his Successors to enact Laws of Marriage and other Laws concerning the same should consent and agree That an Act of Parliament should be made that the Bishops and a Synod should instead of the House of Commons have full Power and Authority on their Convention by the Kings Writ to treat with the King and by his Royal Assent to make and enact Canons and Laws concerning Marriage Filiation Succession Religion Liberty and Propriety of the People and such Canons and Laws so made should have the force of Acts of Parliaments and the Commons should declare That to ease themselves of the trouble of so often being summon'd from their remote Habitations in the Country and so long Journies to the City and their not being verst in the difficulties of Legislation or any other probable matter of Excuse that they desired to refer the whole care of the Publick Affairs to Bishops and Synods who are Learned men and they should from time to time as often as they saw necessary on Summons make wholesom Canons and Laws for the People and that the House of Commons desired to be excused from the burden of sitting any more and accordingly such an Act should be passed and thereon a Synod be Summon'd and they should make a Book of Canons concerning Marriage Filiation and Succession by the Royal Consent and these should be proclaimed to be Laws and to have the force of Acts of Parliament yet would such Book of Canons be utterly void and of none effect
whole People is to be intended only where the Case is reduced to that necessity that either one or other must be but in this there is no necessity Trial should be by Certificate of a Bishop at all and though uno absurdo dato mille sequuntur were there a Thousand inconveniences followed if the Certificate of a Bishop should be question'd for falsity it being first granted it belongs to him to make Certificates yet there is no necessity that absurdity should be first granted that it should belong to him to make Certificates for there are ways enough wherein no Inconveniences follow of Trial of Truth without Certificates of Bishops 2. The supposition is repugnant and impossible that any Case should happen or be shewn in the World wherein Fiction or Falsity ought to be suffer'd in Judicial proceeding or where Probation ought not by the Law of God to be admitted against such Fiction and Falsity notwithstanding the corrupt practice of Courts to the contrary and such suffering of a private mischief of that kind to a private Person is so far from preventing a publick Inconvenience that it will bring both a private and publick mischief and destroy both for it is as impossible to separate Truth from Justice as the Light from the Sun 3. That which is alledged for an inconvenience to the publick That one Bishop would make a Certificate contrary to another this is no more publick inconvenience than if Thieves should fall out and true men come by their Goods 4. As to what is said That the Certificate of the Bishop is in this Case the highest Trial in the Law we must distinguish the Law for it was then the Law of Popery was Predominant which gave Supremacy in Causes of Marriage Filiation and Succession to the Bishops above Kings and to the Sentences in Bishops Courts and made them above Appeal to the Kings Courts and the Foundation of that their Supremacy was That then by that Law Marriage was a Sacrament and Penance was a Sacrament but the Law being now changed from Popish to Protestant and the Supremacy being now given by the Protestant Law to the King above the Bishop as well in Causes Matrimonial as in all other Ecclesiastical Causes and the Protestant Religion taking away the two Popish Sacraments of Marriage and Penance which were the only Roots whence the Episcopal Jurisdiction of Marriage and the incidents to the same pretended to sprout Cessante Causa ratione legis cessat Lex the pretended Causes of the Jurisdiction ceasing the Jurisdiction it self ceases whereby now the Certificate of the Bishop is so far from being the highest Trial that it ought to be no Trial at all for the Sacraments ceasing the Jurisdiction ceaseth and the Jurisdiction ceasing the Power of Trial ought likewise to cease 5. For Councel to advise his Client to maintain a false Certificate of the Bishops knowing it to be false is as wicked as for the Bishop to make a false Certificate knowing it to be false or which is impossible for him to know to be true as all relating to Filiation are it being their own Rule Filiatio non potest probari except by the Parents wherefore ex Ore Suo they condemn themselves of false Judgment and are not therefore fit to be Judges 11. They Judg by Ceremonies and not by Circumstances As to the word Ceremonia some will have it derived à Cerere because they used divers Formalities in the Worship of the Goddess Ceres But this is not proper seeing all the Heathen Gods and Goddesses had as many Formalities in their Worship as she others derive it from Cerete a Latine Town whither as saith Valerius Maximus the Flamen Quirinalis and the Vestal Virgins fled with their Trinkets while the Gauls besieged Rome others derive it à Cereis from Torches and Tapers lighted made of Wax which amongst the old Pagans was a great Ceremony used in the Temples of their Gods and at their Marriages but this is likewise improper and only figurative to take species famosior pro toto genere and not natural so it appears the Etymology of it is either unknown or it is it self an Original not derived from any Rites which is a word usually joined with Ceremonies and much of the same Signification some will have derived à Ritualibus now the Rituales were old Magical and Superstitious Books of the Hetruscan Priests by help of which they either conjur'd their Gods or made the People believe so and they had all the Formalities written in them which were to be used at making Marriages at laying the Foundations of a City and how Altars Temples and Houses were to be Consecrated and how their Courts of Justice and Counties and Hundreds were to be divided for in all these the old Pagans used to Consult their Augurs Aruspices Bishops and Priests and were like our Books of Ecclesiastical Canons But it seems rather these ritual Books had their names derived from the Rites whereof they were made a written Collection and not the Rites from the Rituals and so Rites as well as Ceremonies may be words which none knows whence they came or whether they will But to come from the Etymology of the word Ceremony to the thing usually signified by it and the difference between a Ceremony and a Circumstance it seems A Ceremony is an Act accessary joined to a Principal not affecting the Principal Act with Good or Evil by the Law of God A Circumstance is an Act accessary joined with a Principal affecting the same Principal Act with Good or Evil by the Law of God Ceremonies are infinite but Circumstances are usually drawn to Seven Heads 1. The Cause of doing the Act which is divided into four kinds The Efficient Final Material Formal and these again subdivided into others 2. The Person by or with whom the Act was done 3. The Place where it was done 4. The Time when it was done 5. The Quantity continued or discrete 6. The Quality which is manifold 7. The Seventh and last Circumstance is the Event of the Act the Civilians expound very improperly and instance whether the Act is done by Fear Force Error Deceit Fault Chance or the like for how can these which are precedent Causes of the Act and therefore ought to be refer'd to the Cirstumstance of the Causes be said to be the Event of an Act which is always subsequent and not precedent to the Principal Act and in that sense is always used by the best Latinists as Cicero in Rhetor. Things are often judged from the Event than which there is nothing more unjust and the Poets agree in the same Careat Successibus opto Quisquis ab Eventu facta notanda putat Eventus Belli incertus wherein it is used for the Fortune and Success following the Battel and not the Fortune or Chance which began or occasion'd it So the Common Law in punishing the Event as the death of any Man within a Day or
Ten Wives of a Turk which kind of Luxury first corrupts the mind Nil non permittit mulier sibi turpe putat nil Cum virides gemmas collo circumdedit cum Auribus extensis magnos suspendit elenchos and corrupts and effeminates the State by exhausting the Treasury in Faeminine which is necessary to be bestowed in Military Ornaments and maintenance Seneca saith That Women would wear too rich Inheritances at their Ears And it is related of the Daughter of a Proconsul That she wore at one time in Apparel and Jewels the value of Three Millions of Crowns This Vanity is by many attributed to be one of the chief causes of the decay and ruin of the Roman Empire I should but trespass on the Readers patience to recite the excessive Costs particularly and the profuseness of Princes and great Persons in Masking Tilting Tuneaments at publick Weddings in one whereof a French King Tilting in Person was kill'd by the casual running of a Splinter of the staff of the Lance into his Eye as likewise to describe the Gluttony Riot and Drunkenness accompanying Marriage-Feasts they being all notorious 6. It undoeth the Poor in their Marriages The chief times of the Year seasonable for Marriage of Advent Septuagesima and Rogation it deprives the Poor of the use of Gods Ordinance for they are neither able to lose their days labour to travel to the Court nor to expend the Money necessary to pay for a License to Marry and when Married publickly by a Priest in a Temple the expense of new Cloths for Man and Woman the Wedding Dinner the Barrel of Beer the Bridale-Night the Baptizing of the Child the God-Fathers and God-Mothers the Gossips and Churching the Woman Falling all within the compass of the Year most commonly bring the Poor man so far in Debt that he never recovers out of it as long as he lives I was informed of a certain Poor Man who intending to be Married agreed the day with the Minister and Clerk and accordingly on a Prayer day he and the Woman came to the Church intending to be Married and came up to the appointed place in the Body of the Church where the Minister reading first the Form prescribed of the Institution and Ends of Marriage before he joined their hands to Contract them the man to be Married laid his Money on the Ministers Book that he might proceed to Marry him which the Minister refused to do unless he would give him more Money than there was the man answer'd There was all he had and prayed him to accept thereof the Minister peremptorily refused unless he made up the Price to Marry him the Poor man seeing no remedy took up his Money again and he and his Woman returned to his House without any joining or Benediction of the Priest and whether he had a Malediction I cannot tell but at Night the Couple that were thus Churched and not Married the Ceremonial way went to Bed and Married themselves the Real way which though contrary to Episcopâ—l Canons yet no Bishops can shew to be contrary to the Moral Law of God but every one can shew that Laws of compulsion of a Poor man to marry by the Ceremony of a Priest and giving liberty to the Priest to refuse to Marry him unless he pay him more than he hath are contrary to the Moral Law of God for this is prohibiting to Marry and a depriving of the Poor of the Use of Gods Ordinance which is already proved to be the Doctrine of Devils 7. It causeth immadesty in Brides wanton Songs and Ceremonies premiscuary Dancing and corruption of Youth How modest Nature is in the State of Innocence appears well in the expression of a Vertuous young Lady a Virgin who said She wondred how any Woman could have the face to go openly to Church with a Man and the Custom of most Nations not to suffer any Woman to appear in Publick without a Veil manifesteth the same Yea Mahomet himself forbids Women to expose themselves to publick view for thus Alch. Cap. 33. P. 262. he represents God speaking to him Oh Prophet speak to thy Wives and thy Daughters and the Wives of True Believers that they cover themselves with Veils And Cap. 24. Speak unto the true believing Women that they retain their Sight and that they be Chast that they suffer nothing of their Beauâ—y to be seen but what ought to be seen and that they cover their Bosome and their Visage that they permit them not to be seen but by their Husbands their Children the Children of their Husbands their Brothers their Nephews their Sisters their Women their Daughters Maid-Servants and Slaves their Domesticks that are not capable of Marriage and Children that regard not the Beauty of Women And this publick exposing of Virgins in their Marriages to be the Gazing-stocks of the multitude in a Congregation seems likewise against the precept in Scripture 1 Cor. 11.10 For this cause ought a Woman to have Power on her Head because of the Angels which is interpreted covering on her head and is likewise prohibited by Christ Matth. 5.28 Whosoever looketh on a Woman to lust after her hath committed Adultery with her already in his Heart If it be therefore Adultery to look on a Woman to lust after her then is it a Temptation to Adultery to expose her who is to be another mans Wife to the publick view of the whole Congregation in all the dress of Temptation whereof Beauty can be capable Qui videt is peccat qui non te viderit ergo Non cupiet Facti crimina lumen habet Propert. lib. 3. Eleg. Who sees thee Sins who not doth neither hate Nor love thee Light hath all the Crimes of Fate Why it is not more modest therefore for Virgins to Marry in Thalamo than in Templo appears not I shall recite not here the particular wanton Songs and Ceremonies which are used with us and in other Nations by reason of this pompous Ceremony of leading the Bride to the Priest and Temple amongst a Rout of Boys for whom between her Banning and her Churching it is asufficient sport a Week after lest the same should cause what I endeavour to avoid the Corruption of Youth and shall only here mention the grave Admonition of a Poet concerning the same Nil dictu foedum visuque haec limina tangat Intra quae Puer est procul hine procul inde Puellae Lenonum Cantus pernoctantis Parasiti Maxima debetur puero reverentia siquid Turpe paras nec tu pueri contempseris Annos Juvenal 8. It exposeth to publick view what God hath commanded to be secret and ridiculously appointeth ocular Witnesses of what is invisible and neither lawful nor pussible to be seen Of this Vid. P. 101 104. before 9. It causeth Community of Women Community of Children Fornication Adultery Stews Brothels and the dissemination of most contagious and deadly Diseases amongst the People As to Community of Women it
Christ Commands for if as is the Modern practice in Scotland the Lords of the Session never read a word of the Libell'd Summons and they may be Blasphemy or Treason for ought they know yet they set their hands to them as fast as they can be brought and I have my self set my hand to Hundreds of them and that course of Summoning being by Act of Parliament made in time of Popery which we had no power to alter I thought that kind of Justice better than none at all though before Oblatio Libelli it serves to no more Use than our Latitat and Subpoena Offices and others to have a pretence of gathering Money for the People for doing nothing and perhaps if all Truth were spoken for doing Mischief Fourthly If as the ancient Practice was of Sir Thomas More when he was Chancellor of England who used to read over himself in Person every Bill was prefer'd in Chancery and consider whether it were just or no before he would grant a Summons of Subpoena and of Skene in Scotland who as I have been informed there would likewise read the Bills himself before a Summons was granted and if he found them not fit would tear them in pieces and throw them over the Bar. It hath been therefore to no purpose for the Plaintiff to have sent to Judges for Summons who might see that Injustice in his Bill which the Defendant perhaps might not see or might be willing to pass by if it had been first shewn to him at home Fifthly It is unjust for the Plaintiff to make his Oblatio Libelli first to the Judg and to get a Summons thereon before he doth it to the Defendant for the Defendant may perhaps if shewn him shew the Plaintiff so just exceptions against the Bill as may satisfie the Plaintiff himself and save both Parties the Trouble and Cost of going further to Law or he may amend his Bill on such exceptions and if he think it just after amended insist on the same further to shew his bill first therefore to the Defendant though his Enemy if he will except against it is more profitable to the Plaintiff for amendment than if he shewed it his own Councel for a Friend may never shew the Party his Faults as an Enemy will As it is more Just so it is therefore more safe first to make the Oblatio Libelli to the Defendant before it be done to the Judg. Sixthly The Justi dies or time of Returning an Answer cannot be agreed without great Trouble and Cost unless there be first an Emparlance between the Parties without troubling the Judg. Against offend the taking out of Execution on Judgment acknowledged by assent and on Recognizances and Statutes in England and on Registred Bonds in Scotland without Summons or Oblatio Libelli or Warning or Demand Seventhly Because Judges use to take Caution or Plegii de prosequendo of the Plaintiff and the like Pledges of the Defendant purposely to hinder Agreement according to Christ and to set them by the Ears to get in Fees to the Court. 2. That no man ought to be Summon'd before a Judg until a Productio Testium first made to him For Christ saiâ—h If he will not hear thee then take with thee one or two more that in the Mouth of two or three Witnesses every word may be Establish'd whence will follow that the Mock-Probation still falsely mention'd in the end of every Declaration Et inde Producit Sectam and Summons on Motions and Rules of Courts founded on the Infamous Credit of Affidavit-men are abominable Reliques of Popery and Anti-Christian 1. Because they are not produced to the Defendant where he dwells that he may except against their Persons if he hath cause and if he hath none he may see them Sworn and if they Swear false he may have his lawful Remedy against them 2. Because the Affidavit-men are single Witnesses whereas Christ Commands two or three Witnesses 3. They are both such as live in London and Westminster and such as come out of those Parts altogether unknown to the Judges and Masters who take their Oaths if therefore they will proceed on the Testimony of single Witnesses seeing by the Precept of Christ Actor Sequitur forum rei and the Plaintiff is to carry his Witnesses to the Defendant it is far more Just and Equal that the Affidavit be either taken by Commission in the Parish where the Defendant lives or every Minister be Authorized to take the Oath on notice given to his Parishioner to be present if he please at the Taking 4. Because generally the Affidavit-men are Knights of the Post and common Swearers for Hire who will Swear any thing for a Dinner 5. Because Probatio non admittitur in contrarium whereby Courts overflow with Perjury And as is said Jer. 23.10 Because of Swearing the Land mourns 3. That a Defendant can be guilty of no Contumacy till an Oblatio Libelli and a Productio Testium first made to him For Christ says The Plaintiff is not to tell the Church till two Refusals made by the Defendant one to hear him single the other when he haâ—h produced his Witnesses 4. That no Pledges or Distress ought to be taken till Judgment For Ezek. 18.7 says The Debtour ought to be restored his Pledg And Christ Commands on Contumacy shewn by two Refusals immediately to tell the Church so he is to do nothing further till the Sentence of the Church is pass'd and very just for thus far none hath Judged whether his Cause is just and his Brother Contumacious but himself and he ought not to be Judg in his own Case and much less be his own Carver of Execution by Pledges and Distresses on his own Authority without the Sentence of a Judg. Secondly Otherwise the Ass of the Fatherless the Ox of the Widow and the Pledg of the Poor would be taken from them without Hearing of their Cause and the Creditor Land-lord and every other Person would be Judges in their own Case and Carve Execution for themselves Thirdly Though the Poor may be able to give Convenotinal Pledges yet they are not able to give besides Judicial Pledges when they are enforced to sue for their Conventional unjustly seized and detained from them nor though they are able to Mortgage the Right of their little Living to be seized when they fail paying Interest for the Debt yet are they not able to leave Possession by which they must live if the Creditor unjustly enter before a Judgment Declaratory and a true Account made by him and a Return of the over-plus whereto the Mortgage amounted above the Debt So though a Poor man is able to grant a Rent-charge and a Clause of Distress if he be in Arere on paying Interest for the Debt yet if the Creditor wrongfully or excessively Distrain he is not able on a Replevin to give Pledges de Prosequendo and de Returno habendo to take a Conventional Distress therefore or
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
tend most to the Peace of the Church for unless there were an Interval for the Bell to Toll a space after the end of the Prayer before the beginning of the Sermon the Parish who love not long Prayer will not be able to know when the Sermon begins and very many of them though they would be all glad to join with the Chaplain in his Prayer for the King yet will they many of them perhaps have Scruples in Conscience to join with him in Prayer for his Patron Patron if to be Prayed for in Publick 1. Because he may sometimes happen to be a Papist and one that seeks the Destruction of the Protestant Religion and all Protestants and many may grow doubtful to Pray for the Prosperity of such a one the same seeming to be Prohibited 2 John 10 11. Where it is said If there come any unto you and bring not this Doctrine receive him not into your House neither bid him God speed For he that biddeth him God speed is partaker of all his Evil Deeds Patron a Papist 2 As to Publick Persons we are directed by the Scripture to Pray in Publick for none but Persons in publick Authority but a Papist is by Acts of Parliament Excluded from all publick Authority and Office therefore no publick Person 3. As to private Persons the Scripture and practice of the Primitive Christians direct to Pray for no private Persons particularly and by name but such as are sick or possess'd by the Devil for in such Case the direction of Christ and practice of the Primitive Church was to cast him out by Fasting and Prayer but many Patrons are neither sick nor possess'd therefore there is no direction in Scripture for them to be Prayed for by name in publick 4. The Chaplain useth to Pray for Bishops especially if Patrons wherein many Protestants may not be free to join in regard they many of them assume to themselves to be Judges of Heresie and the Rule of Heresie they make is the Four first General Councils and the Papal Canons for Ceremonies and against Lollaries the Parliament deceived by the Bishops to leave the Four first Councils the Rule of Heresie was 1. Eliz. 1. In which Act to Prohibited Commissioners appointed by the Queen by virtue of that Act If Bishops are Papists or to be Prayed for who Judge Heresy by the four first Councils to proceed in Judgment of Heresie beyond the words prescribed them the words-Prohibited in a Proviso are these viz. Shall not in any wise have Authority or Power to Order Determine or Adjudg any Matter or Cause to be Heresie but only such as heretofore have been Determined Order'd or Adjudged to be Heresie by Authority of the Canonical Scriptures or by the first Four General Councils or any of them or by any other General Council wherein the same was declared Heresie by express and plain words of the said Canonical Scriptures or such as shall hereafter be Order'd Judged or Determined to be Heresie by the High Court of Parliament of this Realm with the Assent of the Clergy in their Convocation Of the Four first General Councils by which Bishops would Judg Heresie and of the Suspition lies on such Judges to be Papists and not to be Prayed for in Publick The Four first General Councils which I suppose they mean were the Council of Nice in Bithynia the Council of Constantinople where the Great Turk Lives the Council of Ephesus where the Great Diana of the Ephesians and the Image which fell from Jupiter were Worshipt and the Council of Chalcedon in Bithynia Council of Nice As to the Council of Nice there were two one about Anno Dom. 330. the other about Anno Dom. 381. In the First called by Constantine the Great there were 318 Bishops in another call'd by another Constantine there were 350 Bishops which of these our Bishops would have I cannot tell but they may wink and choose and though each was Nice yet neither of them was more Nice than Wise for the Profit of the Bishops and the Bishops 1. Eliz. were as wise as they to join the Canonical Scriptures and the Council of Nice that nothing should be Judged Heresie without their Joint Consent for the Canonical Scripture hath not so much as one Bishop they having falsely translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Bishop which ought to have been an Overseer of the Poor so as there is not one Bishop to be found in Scripture to be a Judg of Heresie any more than of Marriage whereas at one of the Nices there were 350. And in the Scripture is not one Image found lawful to be Worshipped whereas at both the Nices there were a multitude Set up Images and at the last Nice all the Holy Images of Irene the Empress which the Emperor Leo Isaurus had knockt to pieces were Restored and Two and Twenty Canons thereupon made That all Image-breakers should be adjudged Hereticks to the great profit no doubt of the Holy Bishops who knew as well as the Silver-Smiths of Diana wherein their Gain lay Council of Constantinople The Council of Constantinople was a General Council call'd about the Year of our Lord 383 by Theodosius the Emperor where were 150 Bishops of several Sects 36 of them were Macedonians who held the Holy-Ghost to be an Angel because Christ is said to send him and Macedonius their Teacher was then Bishop of Constantinople the place where this Council Sate Him this Council Deposed and his Party became thereon Excluded Members whereby all Votes passed for the Bishop of Romes Doctrine with whom the Bishop of Constantinople was always a dangerous Corrival for Supremacy there were joined in this Council Theodosius Gratian Confirmed Images and Damasus the Pope this Council confirmed the Nicene Faith and their Worshipping of Images for a Pope could not live without them Council of Ephisus Another General Council was called at Ephesus about the Year 834 by the Emperor Theodosius the Second and by the Instigation of Pope Celestine the First against Nestorius then Bishop of Constantinople who according to Evagrius l. 1. c. 7. held That the Blessed Virgin Mary ought to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Mother of Christ Continued Images and not the Mother of God which Doctrine being dangerous to the Worshipping of Images and the drawing of the Supremacy from Rome to Constantinople the Pope got the Council called and not to sit as formerly at Constantinople but at Ephesus where Nestorius had not so much Power and there being not able to bring him to Submit to the See of Rome they Deposed him and Banished him to Oasis This Council of Ephesus is said to have left Two Copies of its Canons in certain and variant one from another and some of them are Condemn'd by the Council of Chalcedon as Suppositious which besides the Worshipping of Images continued by this Council makes it a
will to thee for to get off my Fleet Which stuck upon the Sands I thought it meet Their safe return to speed through the rough Seas The angry gods with blood thus to appease R. 'T was with thine own blood Mad man A. true 't was so But that I was not Mad this lets thee know R. Whose thoughts Tumultuous made by Wickedness Takes False for True is mad and he no less Who doth by Folly err as who by Rage Was Ajax Mad who did in Fight ingage To kill Poor Lambs and thou Godly and Wise Who Iphigenia kill'st in Sacrifice And those Fair Titles from a Crime so black As thy Poor Daughter 't was to kill dost take Should one in Coach a Lamb have with him ride And for it Cloaths Money and Maids provide And think 't his Daughter Miss and Madam too Call it and Husband stout bring it to woe Would not the Praetor grant him for a Fool And what if one his Daughters at the Schole Should think a Lamb in Fold by like mistake And her Devoutly to the Altars take And think by Faith he that mute Creatures note Hears when he cuts his Shrieking Daughters throat Is he in his right mind the other is A Petty Folly wicked Madness this Who think their God a Lamb or that His Will Was they himself should on his Altar kill And offer to Himself how Mad are they Let sâ—me New Poet in a Satyr say Godw. Jew Ant. 141. Conceiveth Moloch to whom Children were Sacrificed to be the same Iâ—ol with Baal then P. 152. He Conceiveth Baal Peor so called from Peor the Hill on which his Temple stood to be the same Idol with Priapus so doth Cornelius Agrippa call Priapus Baal Phegor It is before shewn That Priapus was the first who got Women and Men to be joined together by a Priest in his Temple if Priapus therefore was Baal and Baal Moloch to whom Children were Sacrificed then 't is more than probable the same Idol who Married in Temples as he by this got the Jurisdiction of Marriage so by the Jurisdiction of Marriage he got into his Fiery hands the Jurisdiction of the Fruits of Marriage young Children and like a true unclean Devil Defiled his Temple and Altar not only with Lust but with Blood and so this Custom of Marrying by Priests in Temples in as many Nations which were the greatest part of the World which it past through carryed likewise the Barbarous Cruelty of Sacrificing such Children of such Marriages as the Priest requiâ—â—d what Children he pleased to be Sacrificed and as the Scripture Expresseth to Devils I shall for brevity only Cite one Poet concerning this wicked Custome Mos fuit in Populis quos condidit advena Dido Poscere caede Deos veniam ac flagrantibus aris Infandum dictu parvos imponere natos Silius The People who by Dido founded were Did Pray to Gods with Blood without a Tear And horribly on Flaming Altars burn Their little Babes yet for them never mourn Ille suis Divis mos Sacrificare puellos Ennius The Cruel Custome of the Indian Wives burning themselves with their Husbands grew from the Jurisdiction the Priest gained over them by such Priabeian Maraiage by a Priest in a Temple and by the profit he made by the same Burning or wicked Sacrifice of themselves Which Custome Propertius thus Describes Jamque ubi mortifero Jacta est fax ultima Lecto Vxorum fusis stat pia turba comis Et certamen habent Lethi quae prima sequatur Conjugium Pudor est non licuisse mori Ardent victrices flamae pectora praebent Imponuntque suis orâ— perusta viris Proper l. 3. Eleg. 12. When the last Brand doth light Deaths bed of Flames With Hair dissheveld stand the Pious Dames And strive who first shall with her Husband lye Oh shame they think if hinder'd then to dye Victorious they with Breasts and Mouths on fire Kiss their old Loves burning with new Desire The Indian Priests from whom this Fiery zeal Superstition and Mischief came usually attend the Woman at this Fatal Solemnity of her new marriage to her Husband in another World with which he Deludes her assuredly to believe follows of course if she burns her self and goes with him But first she must go to the River and be Baptized with Water for the washing away of her Sins and then be Baptized in this last fire where he promiseth her their Holy Spirit and god Ram will appear to her in a Vision in the midst of the Flames and be her Comforter you cannot think a Priest will take all this pain to Murder his whole Parish of Women if he can without a Fee though without a Tear for besides his Ordinary fees who should the Poor Deluded Martyress or Martyresses for many times the Indians their Laws allowing Plurality of Wives have Ten or a Dozen or if a Prince they may amount to a hundred the Husband being dead make Executor and Overseer of all their Goods they leave behind to bestow them according to his direction pur le Aline de defunct for the Benefit of the Souls of them he Murder'd But the Priest who so kindly helpt to dispatch them Besides he hath for a further small gratuity for his Pains all the Bracelets Pendants Rings and Jewels of Gold or Silver which the Women ware who came thus to Sacrifice themselves for they are Adorned most Richly as they were on their Wedding Day And besides other good Women throw into their Laps some Letters some Presents some Money and Desire her to Deliver them to their Mother or Brother or other Kinsman or Friend gone before them into the other World all which are burnt with her and when that is done the Priest Rakes the Ashes where what a Batch hath he of all that is Incombustible of Rings Bracelets Gold Silver Jewels Copper Brass Especially where there are many Wives who burn together and belonging to great Persons these so Sacred Reliques of these Saints belong only to the Priest to his great gain Taverenr 2. Part. 170. Lynschotten 16. It layes Punishment on Lawful Childbirths and destroys Millions of Infants The Punishment of which is Imposed on the Childbirths of every Woman who hath not first been before a Priest in a Temple and told all the Boys in the Parish That she hath a mind to lye with a Man is to be Exposed to Poblick shame in a White Sheet in the same Temple and the Boys aforesaid The cause of Penance in a White Sheet is only for the gains of the Bishop to make Mops and Mowes at her though they might better be Imployed in saying their Prayers after the Priest the Persons on whom this shame is to be Imposed is Principally the Mother of the Child but reflected by pâ—rticipation on her Parents Family Kindred and her Innocent Child it self The Fiâ—al Cause why this Shame is Imposed is that the Bishop may inforce her to give him what
Commutation Money he pleaseth to Demand for his Remission of this Penance and Pardon of her Sins and that he may have Power to set what Taxes he pleaseth on Gods Ordinance of Marriage and all Acts incident to the same which ought to be free and thereby set to Hire and Sale all Women Lawful and Unlawful and the Successions not only to all private Patrimonies but Kingdoms and thereby fill his Chests with Gold and Silver The Sin or Offence for which the Punishment is Imposed is Child-bearing and nothing else whatever is pretended which is proved by these Reasons 1. If he say That he punisheth the Mother for disobedience to his Ecclesiastical Laws and Canons in not Publishing her Intention to Marry to the Priest in the Temple and the Boys in the Parish and what is the bottom of the Business not paying him his Fees for Publication according to the Canons This is easily Answered by asking who made him a Legislator and Canon-Maker over a Free People and their Children This already is before proved That neither Ecclesiastical nor Temporal Law can be made nor Tax imposed on Marriage or any thing else without the Assent of the House of Commons and that was never given to any Papal or Episcopal Laws or Canons as hath been already proved And as hath likewise been proved All Ecclesiastical Laws and Canons made by any Popes or Bishops Councils or Synods from the beginning of the World to these presents in regard they never had the Assent of the House of Commons in Parliament are utterly Void and Null to bind the People or their Posterity No Law in England for standing in a White Sheet So there being not so much as a Law of Man in England Prohibiting Marriage without a Priest and Temple under the Penalty of standing in a White Sheet and there being no Law there can be no Offence Besides if there were such a Law it is already before shewn that all Laws Prohibiting Marriage Except by a Priest in a Temple are the Doctrine of Daemons and came Originally from Daemons and the Priests of Priapus and Venus and Contrary to the Moral Law of God and Nature the Bishop hath therefore no pretence to Punish the Woman for that 2. There are no other Offences in Bearing a Child which a Woman can commit but breach of Contract Incest Fornication or Adultery As to breach of Contract and Incest the Bishop punisheth Persons Free and not Prohibited by any Law of God to Marry As to Fornication and Adultery the first Offence cannot as hath already been shewn be Committed without Polyandry in the Woman and the second without Polygynecy in the Man But the Bishop punisheth her who bears a Child though the Father and Mother were no way Prohibited to Marry by any Law of God or Man and they were at the time of Begetting the Child both Virgins and neither Guilty of Polyandry or Polygynecy and so still continue Chast and Constant one to another The Bishop therefore punishing such a Woman doth punish her for Child-Bearing or for nothing 3. There is no Probation by two or more Witnesses of any Offence but Child bearing and Probation by Compulsion of the Woman to self-Accusation or by Compulsion of Canonical Purgation are unlawful The Bishop therefore punishing such a Woman if he punish her not for Child-bearing only he punisheth her for Facts whereof he hath no Lawful Probation It being therefore proved That the Bishop punisheth Lawful Child-bearing It appears further That he punisheth the Lawful more than the Unlawful for such Women as are common in Stews or Brothels seldom bear a Child as hath been shewen before and such Women as are Married to Husbands and therefore can only be Guilty of Adultery if the Husband be within the Four Seas of the time of Begeting the Children on their Wives by Adulterers it hath been shewen already That Littleton and Coke will by Fiction have it be believed that these Adulterous Children were got by the absent Husband And that Probatio non admittitur in Contrarium whereby Marriage by a Priest in a Temple is made a Sanctuary for Adulteresses and for Adulterous Child-bearing they are Exempt from punishment but the Poor Lawful Child-bearing Woman against whom there is neither Fact nor Probation of any Crime to be shewen is the Chief Subject of the Bishops punishment a Fact so Barbarous as not to be parallel'd in the Example of Turks Tartars Americans or any Ethniek Nation Except Gaeramantes who have a wicked Custom that if any Married Woman Procreate more than three Children she shall be Divorced from her Husband because a Multitude of Children caused Men to have Covetous hearts and besides the Divorce of the Mother such Supernumerary Children were to be slain before the Parents eyes But Bishops are worse than the Garamantes for they punish though but one Child-bearing whereas the other punish'd not till after Three and exercise those Inhumanities for their Gain against Child-Bearing Women which the Scripture Prohibits to be Exercised to the very Brutes Deuter. 22.6 If a Birds nest chance to be before thee in the way in any Tree or on the Ground whether they be young ones or Eggs and the Dam sitting upon the Young or upon the Eggs thou shalt not take the Dam with the Young But thou shalt in any wise let the Dam go and take the Young to thee that it may be well with thee and that thou mayest prolong thy days The Bird is not any wise to be punished for this Natural Piety to her Young but to be set at Liberty and let go and that they may Defile their Marriages by the Example of the Garamantes with Blood as they do by Example of Priapus and Venus with uncleanness they most Cruelly to that Misery Nature hath Imposed on the Mother in Sorrow to bring forth though of it self of pains Equal with Death and oft tiâ—â—es brings Death add their Punishment of Exposing the Mother to Publick Reproach and Shame which to the Modest is worse than Death And by how much the more Modest the Mother is by so much the more easily is she tempted by the Devil with a Praestat Emori quà m per dedecus vivere to destroy her Infant to cover her own shame and his Pope Gregory intending to Fish in a Deep Pond in Rome near a Nunnery the Water being let out found therein above Six Thousand Sculls of Infants 6000 Infants Skuls found in a Fish-pond so the punishing of Child-bearing Women and Prohibiting Marriage Except by a Priest in a Temple under this Infamous Punishment contrary to the Law of God and according to the Law of Devil who was a Murderer from the beginning caused the Destroying of these Six Thousand Infants and were all the like Instances recited which for Brevity are here to be omitted it would appear That this punishing of Child-births because the Mother went not first to a Priest in a Temple hath Murderd Millions