Authority from them and that they were chosen and called by their several Congregations or what is all one Cities or Parishes and not by the Emperor or Prince till Constantine to corrupt them under pretence of prevention of Schisms and Heresies which he thereby encreased took away the free Election of the People of their Pastors which they had always before enjoyed to make them Pensioners and the Christians Mercenaries to Fight all their Quarrels Right or Wrong That Presbyters were only Parochial and not Provincial is not doubted That Bishops were all one with Presbyters and therefore were Parochial and not Provincial A Bishop and a Presbyter all one is proved first by the Authority of Jerome who saith ad Tit. Cap. 1. That a Bishop and Presbyter was all one And that it may not depend solely on humane Authority this is proved by the words of Paul to the Philippians Chap. 1. 1. Paul and Timotheus the Servants of Jesus Christ to all the Saints in Christ Jesus which are at Philippi with the Bishops and Deacons Grace be unto you and Peace Now Philippi is one of the Cities of Macedonia and in one City there could not be many Bishops unless they were Parochial and not Diocesan or Provincial and the same the Presbyters were Acts 20.17 It is said Paul from Miletum sent to Ephesus and called the Elders of the Church and verse 27. he saith to them For I have not shunned to declare unto you the whole Counsel of God Take heed therefore unto your selves and to all the Flock over the which the Holy-Ghost hath made you Bishops to feed the Church of God which he hath purchased with his own Blood For I know this that after my Departing shall grievous Wolves enter in among you not sparing the Flock Here appears that the same Persons whom Paul first verse 17. calls Elders Presbyters of Ephesus he after in the same Chapter verse 27. calls Bishops or Overseers And 1 Pet. 5.1 The Elders which are among you I Exhort who am also an Elder and a Witness of the sufferings of Christ and also a partaker of the Glory which shall be revealed Feed the Flock of God taking the oversight thereof not by constraint but willingly not for filthy Lucre but of a ready mind Neither as being Lords over God's Heritage but being Examples to the Flock From which Scripture appears 1. That the great Apostle Peter himself from whom the Bishop of Rome pretends his Succession to Imperial Supremacy Bishops ought not to be Lords calls himself no more than an Elder or Presbyter and that he had other Co-presbyters with him 2. That these Presbyters who are now call'd Bishops ought not to be Lord Bishops for the words are they are not to be Lords of Gods Heritage In one Chapter of Mahomets it is forbidden to all Persons of what Quality soever to call themselves in any sort Lords except the great Caliph or great Bishop the Successor of Mahomet who at the first was the only Lordly Monarch and Lord of all giving unto Kings and Princes their Principalities and Kingdoms during pleasure untill that the Ottoman Princes the Cundes and the Kings of the higher part of Asia and Africk by little and little Exempted themselves out of their Power by Reason of the Division between them and the Anti-Caliphs Bod. 203. 3. That they ought not to have Temporal Baronies for they are not to take charge of Souls for filthy Lucre but of ready mind 4. That they ought neither to Counterfeit a Nolo Episcopare when they take Baronies nor to Refuse the Charge of Souls when they have none for the words are not by constraint but willingly Cranmer That Bishops were Presbyters and chosen by the Parish And it is likewise acknowledged by that Pious Protestant Martyr Arch-Bishop Cranmer though he were a Provincial and chosen by the King himself yet That amongst the Primitive Christians the Bishops were chosen by the Congregations and were all one with Presbyters From all which Premises these Sequels follow 1. That if a Bishop were chosen by his City or Parish he came not in Jure Divino but by human Election and was only a Servant and not a Lord of the City or Parish 2. That he had no Sign of Mission from God unless he had a Gift of Miracles 3. That he could not Excommunicate any of his own Parish for the Inferior cannot Excommunicate the Superior and Electors are Superiors to Persons Elected and the Host is Superior in his own House to the Guest and he who gives the Pension to the Pensioner Bishops cannot Excommunicate 4. That a Bishop Elected by the People cannot on Excommunication deliver any Person to Satan without the Gift of Miracles as a Sign of Mission for Nemo potest plus Juris ad alium Transferre quà m ipse habet the Electors themselves had no Power to deliver to Satan therefore Bishops Elected by them cannot without Miracle 5. Though he hath the Power of Miracles to deliver the Body to Satan he cannot deliver the Soul nor can he have any Sign of Mission to do the same for that is a Prerogative inseparable from the Person of God to send the Soul to Heaven or Hell and Inter insignia imperii which cannot be Delegated 6. That as a Bishop cannot Excommunicate a Citizen or Parishioner who Elected him so he can much less Excommunicate a King or Interdict a Kingdom who if he had any Jurisdiction at all can be no greater than within the Petty Bounds of his City or Parish and cannot extend to Empires or Kingdoms 7. That he can give no Consecration or Ordination to a Bishop or Priest for where the Office ought to go by Election of the People it cannot go by Ordination of the Bishop and where it goes by human Election it cannot go by Consecration and after the Gift of Miracles ceased both the Election by Missioners from God and Consecration and Ordination likewise ceased Subjects free from Superstition the safety of the Prince 8. That 't is a great Safety to Princes to have their Subjects well Educated and Instructed against the Superstition and Popery of Consecration Ordination and Excommunication of Bishops and Priests for by this only means we see the Grand Seignior though he Tolerates a multitude of Sects and Religions in his Empire yet he is endanger'd by none because all Mahumetan Priests are chosen by the Parish and though they are in great Reverence of the People yet they have neither Consecration nor Ordination but continue as perfect Lay-men as our Ordinary Clerks of our Parishes and much less have they Power of Excommunication or Absolution but Preach That those that Fight Valiantly and Die in the Field for their Prince and Prophet go to Paradise and who slie Cowardly go to Hell whereby none of his People are Educated in the Superstition of Pontifical Excommunication and therefore fear it not but deride it And for the Greck
cùm vix esset dare causam quin ratione peccati possit deferri ad Ecclesiam Object 3 Stat. Merton gives them no Jurisdiction It 's alledged That it appears by the Statute of Merton that Henry the Third writ in his time to the Bishop to certifie Marriage and Bastardy First It is to be understood therefore that in the time of Pope Alexander the Third Anno Dom. 1160. which was Anno 6. H. 2. in whose time all Matrimonial Causes beonged to the King's Courts This Constitution was made That Children born before Solemnization of Matrimony where Matrimony followed should be as Legitimate to inherit to their Ancestors as those that were born after Matrimony It is likewise further to be known that King John the Father of Henry the Third who made this Statute of Merton following was by the then Pope Innocent Excommunicated King John Excommunicated as likewise at the same time was the Emperor Otho and the whole Kingdom of England Interdicted and so remained for the space of Six Years Three Months and Fourteen Days during all which time there was no Church open for Marriages or Burials but the poorer People were buried like Dogs in Ditches and where they married God knows Through which King John was driven to such distress by his own Bishops and Barons and the French assisting the Pope against him that he was forced before he could get to be released of this Excommunication to pay the Pope vast Sums of Money and to lay down his Crown and Scepter Mantle Sword and Ring the Ensigns of his Royalty at the feet of Pandolphus the Pope's Legat and submit himself to the Mercy and Judgment of the Church Two Days some write Six it was before the Legat restored him to his Crown which he likewise received again on no better Terms then to hold the Kingdom of England and Lordship of Ireland from the See of Rome at the Annual Tribute of a Thousand Marks Silver and the Excommunication was not to be taken off but deferred till further and full satisfaction was made to the Clergy which was not done till Two Years after The Bishops being hereby arrived at so great an height of their Tyrannical Power over this King The Bishops usurped the exercise of Ecclesistical Laws by force over their Kings As that when the King having obtained absolution had gather'd a great Army to have been revenged on the French King the Arch-Bishop of Canterbury told him 't was against his Oath at his Absolution and the King in a great passion reply'd He would not defer the Business for his pleasure seeing Lay-judgment appertained not to him the Arch-Bishop presumed to threaten his native Soveraign that unless he desisted he would Excommunicate him Note therefore That in the time of H. 3. who was the Eldest Son of King John the Bishops continued to assume the Power of Lay-judments as well in Marriages as they did of shutting up of Churches in which they were made from the Pope to whom they had inforced King John to surrender his Crown and not from the King 's Writ as that Statute of Merton shews rather a proud Renunciation and scorn to answer the King 's Writ concerning Marriage then any use permitted by them to the King of the same unless he would as his Father had done lay down again his Crown to them and have Marriage judg'd according to the Law of the Pope for otherwise they tell him plainly They neither will nor can answer his Writ as appears by the Statute it self the words whereof follow 20 H. 3. Cap. 9. To the King 's Writ of Bastardy Whether one being born before Matrimony may Inherit in like manner as he that is born after Matrimony All the Bishops answer'd That they would not nor could not answer to it because it was directly against the common Order of the Church that is meant the Romish Church And all the Bishops instanted the Lords that they would consent that all such as were born afore Matrimony should be Legitimated as well as they who were born within Matrimony as to the succession of Inheritance for so much as the Church accepteth such for Legitimate And all the Earls and Barons answer'd with one voice That they would not change the Laws of the Realm which hitherto have been used and approved Coke 2 part Inst 97. It is said Though the Bishops are Spiritual Persons yet in case of general Bastardy when the King writes to them to certifie who is lawful Heir to any Lands or other Inheritances they ought to certifie according to the Law and Custom of England and not according to the Roman Canons and Constitutions yet if they do make their Certificate according to the Canon Law No remedy against Bishops making Certificates contrary to the King's Laws General Bastardy uâ—urped by Bishops not given them by Law and not the Law of the Land there appears no Remedy unless such a one as is worse then the Disease Sir Galfred le Scrope Cheif Justice saith Before this Statute of Merton the Party pleaded not general Bastardy but that he was born out of Espousals and the Bishop ought to certifie whether he were born before Espousals or not and according to that Certificate to proceed to Judgment according to the Law of the Land And the Prelates answered That they could not nor would not to this Writ answer and therefore ever since special Bastardy viz. that the Defendant c. was born before Espousals hath been Try'd in the King's Courts and general Bastardy in the Bishops Court and herewith agree out old Books and the constant Opinion of the Judges ever since Coke 2 part Inst 99. It being before granted That the Law of England cannot be changed but by an Act of Parliament and Magna Charta being before made and being a Declaration of the ancient Common Law First That no Freeman was to be put out of his Free-hold or Inheritance but per legale Judicium parium and there being no cause of its own Nature more Temporal or more concerning Succession to Temporal Inheritance then Marriage It was contrary to Magna Charta and the Common Law to judg the Fact of it by any other Judges then Juries and the Law of it by any other Judges then those of Temporal Courts and though the Pope and Bishops in those Superstitious times forced the Kings many times as they did King John to yeild his Crown and the Subjects to yeild their Marriages and other Temporal Rights to their Arbitrary and Saleable Sentence for fear of Excommunication yet doth not this any way prove that the Jurisdiction of Marriage was ever granted them by any Law or Act of Parliament or could be without it were contrary to a known Common Law and Act of Parliament which expressly gave the trial of Temporal Rights and Inheritances to a Legale Judicium parium and not to any Ecclesiastical Judges or Laws Now therefore it being clear they had
no Jurisdiction but by Usurpation of so Temporal a Right as Marriage before this Statute let any who thinks he can see Nine Miles into a Milstone once more look into the Statute of Merton before recited and try whether he can screw out of it any word giving the Bishops either a Jurisdiction of Marriage or general Bastardy or that this Statute ever forged so rude a Romish Tool as the two edged Sword of general and special Bastardy to divide the living Child or tear it in peices between the Bishop and the Temporal Judg or how it was then consistent with a Legale Judicium parium to expose a Child no Alien but the King 's Native Subject to be tried for all he had by a then Foraign Ecclesiastical Law and a Judg a sworn Canonical Subject to a Foraign Pope or that the wisdom of that Parliament intended to coin a Chimera of a Distinction without a difference of general and special Bastardy which neither they themselves understood nor any Lawyers which write to this day give any sensibly Interpretation or agree amongst themselves concerning it or that they who made the Statute to oppose the Bishops Jurisdiction of Marriage should create a Notion of general Bastardy which le Scrope says was not in Esse before to give them a new Jurisdiction which was to change the Laws of England which they positively refuse in the Statute it self to change Object 4 No Similitude of fetching the Laws of Athens to Rome and bringing the Romish Laws to England It is further alledged by Coke lib. 5.1 part 9. That as the Romans fetching divers Laws from Athens yet being approved and allowed by the State there they were called Jus Civile Romanorum And as the Normans borrowing all or most of their Laws from England yet baptized them by the name of the Laws and Customs of Normandy So albeit the Kings of England derived their Ecclesiastical Laws from others yet so many as were approved and allowed hereby and with general consent are aptly and rightly called the King's Ecclesiastical Laws o. England To which is answer'd That there is no similitude between making or changing the Laws of the Athenians which were Foraign Laws to become the Laws of the Romans and the making or changing either the Foraign Papal or native Provincial Canons or Ecclesiastical Laws into the King's Ecclesiastical Laws of England For First The Athenian Laws before they were made Denizons of Rome were not admitted in cumulo but Articulated and every Article examined one by one by the Decem viri or Ten Men as our usurped Ecclesiastical Laws were appointed to have been done by the Statute of 25 Hen. 8.19 by the Two and Thirty Men and likewise in time of Edward the Sixth by others but neither succeeded before the same was received for a Roman Law Secondly Such Athenian Laws as were pickt or garbled from the rest were by the Authority of the Legislative Power of Rome both Senate and People caused to be writ in Twelve Tables and inacted to be the Laws of Rome but in England there was never by Authority any Articulation selecting or garbling of Canon Laws effected nor the same reduced into Tables Written or Printed by any Act of Parliament Ecclesiastical Laws in an unknown Language Thirdly The selected Athenian Laws were written in the Roman Language to be understood by the People before they would be received as Roman Laws but there is no such thing in the Ecclesiastical Laws of the Holy-Church concerning Marriage or any thing else but they all still remain in the Language of the Beast and can be neither call'd the Laws of the Church which by the Scripture are forbidden to be spoke in an unknown tongue as appears 1 Cor. 14.19 It is said In the Church I had rather speak five words with my understanding that by my voice I might teach others also then ten thousand words in an unknown tongue It is as utterly unlawful therefore to make that a Law of the Church or an Ecclesiastical Law of Marriage which is in the unknown Language of Latin as it had been to have made any form of Prayer taken from the Romish Church though the Pater Noster it self the form of Prayer of the Church of England while it was in Latin for the Minister would then have been a Barbarian to the English man and the English-man a Barbarian to him and it is as bad for the poor English-man for his Law-sutes in Latin for a Wife in the Court of Arches and other Ecclesiastical Courts as it would be if his Prayers were again in Latin in the Church For though he pay his Lawyers dear to plead his Cause there he cannot understand for his Money whether they call him and his Wife Rogue and Whore or honest People or whether the Judg by his Sentence will give him his Wife or take her from him but by the implicit Faith of an Interpreter as let any one look on the Sentence of Divorce in Kennes Case Coke lib. 7.42 E. he may understand or not understand the same Ecclesiastical Laws are not the Laws of the Land Fourthly The Athenian Laws were not obtruded on the Romans by Conquest of their Bodies by the Temporal Sword or their Souls by the Spiritual Sword of Excommunication but the Ecclesiastical Laws of Marriage have been obtruded on England ever since the Conquest by the superstitious Terrors or actual force of Excommunication either Papal or Episcopal and never by consent in Parliament The suffering of an oppression therefore is no consent nor an abuse against Law an Use Custom or Law neither can a wicked Oppression Use Custom or Law in name only be turned into a Law of England except by consent in Parliament or other humane Power besides it is by the very before recited Statute of Merton declared That the Laws of the Church are not the Laws of England for when the Bishop quarrel'd that the Law of England as to Marriage was not according to the Law of the Church and would have had them changed into the Law of the Church the Earls and Barons with one voice answer'd We will not change the Laws of England Whereby it 's plain the Laws of England and Laws of the Church are opposite Laws and not the same and this is confessed by Coke himself in the exposition of his Statute of Merton 2 part Inst fol. 98. where he saith Here our Common Laws are aptly and properly called the Laws of England because they are appropriated to this Kingdom of England as most apt and fit for the Government thereof and have no dependence upon any Foraign Law whatsoever no not on the Civil or Canon Law other then in Cases allowed by the Laws of England and therefore he saith the Poet spake truly hereof Et penitus toto divisos orbe Britannos So as the Law of England is proprium quarto modo to the Kingdom of England therefore Foraign Precedents are
Parliament Besides there is not de facto that name given for the Ecclesiastical Court is kept in the Bishop's name and not in the King's name And the Bishop takes all the profits and not the King Fain he would mend the matter and says That a Leet is kept in the Lord's name and he hath the profits yet it is the King's Court. It might better been said it was once the King 's before he gave it or sold it to the Lord of the Leet as are many Lands not being Ancient Crown-Lands The King purchases but if he sell again such Lands for valuable considerations the propriety as well as the name of such Lands is then in the buyer and not in the King Therefore though he hath set out his Book as baptized both in Latin and English by the name of de jure Regis Ecclesiastico and of the King 's Ecclesiastical Laws yet with due Reverence to the opinion of so great a Father of the Law it may be said there appears none either to baptize or confirm the name nor any God-father to it but himself Neither will the Title of the King 's Temporal Laws set upon Magna Charta which gives that liberty to every Subject of Tryal of his Birth-right per legale judicium parium be consistent with the Title of the King 's Ecclesiastical Laws which take it away and give it to a Trial by Certificate of the Bishop Object 6 It is again by Coke alledged and Precedents cited That Edward the Confessor William the First Henry the First Henry the Third Edward the First Edward the Second and all English Kings have Govern'd and Ruled both the Kingdom and the Holy Church and have given Jurisdiction to Abbots Priors and Bishops and have granted prohibitions when they transcended the bounds of their Jurisdictions and that Reges sacro oleo uncti sunt spiritualis Jurisdictionis capaces but still this is nihil ad rhombum nor pertinent to make good the Name or Title he hath set his Book of the King 's Ecclesiastical Laws For there is a great difference if he had Entitled it de jurisdictione Regis Ecclesiastica for the King's Jurisdiction and the King's Laws are clean divers things And there is a great difference where he grants Jurisdiction to Ecclesiastical Persons and where he grants them by what Laws they shall exercise that Jurisdiction for the King 's of England have Anciently granted Jurisdiction and Commissions to Ecclesiastical persons as Bishops and Priests to be Judges in the King's-Bench Chancery and other Courts yet could they not grant them power to judge by any other Laws than the Laws of England except by Act of Parliament Then as to granting prohibitions where the King had not or could not by Law grant them Jurisdiction proves nothing that any King did or could by Law grant them Jurisdiction of general Bastardy without Act of Parliament or that there was any Law or Act of Parliament which gave them Jurisdiction of general Bastardy because the King's Courts durst not grant prohibitions for general Bastardy For in those superstitious times neither the King nor Judges dar'd provoke their Excommunication and therefore at the making of the Statute of Merton when the contest was between the Ecclesiastical and Secular Power which of them should give the Law to Marriage The Temporal Judges for fear of their Excommunication took only like the Jackal what the Lion refused and left them which they called special Bastardy So quod non capit Christus capit fiscus which is intended of the false Christ for the true Christ took nothing from it but paid tribute to it Besides if many Jurisdictions should judge by other Laws this would be destructive both to the King and Subject Though the King therefore give the Sword he cannot change the Ballance as is in effect confess'd by Coke himself 3 pt Inst fol. 120. in his Exposition of the Statute 27 E. 3. of Praemunire where he saith The right of King and Subjects not triable per alias Leges or aliud Examen then the laws of the Land If Freehold and Inheritance Goods or Chatâ—les Debts or Duties wherein the King and Subjects have a right or property should be judged per aliam legem which he mention'd before to be Civil or Canon Law And other Trial which he makes to be any Trial except by Jury or be drawn ad aliud examen These three mischiefs endeavour'd to be prevented in the said Statute would necessarily follow viz. Disherison of the King and his Crown the Disherison of all his People and the undoing of the Common Law And fol. 121. he farther saith Some have made a question whether since the Ecclesiastical Jurisdiction was acknowleged in the Crown an Ecclesiastical Judge holding Plea of a Temporal Matter belonging to the Common Law doth incur the danger of a Praemunire Though hereof is no question at all yet lest any Man might be led into an Error in a Case so dangerous we will clear this point by Reason Precedent and Authority The Reason holdeth still to draw the Matter ad aliud examen c. And he citeth before several Precedents and says The reason of all these Cases is because it drawes matters Triable at Common Law ad aliud examen and to be discussed per aliam legem Peter du Moulin that famous Protestant Divine writes That there was a a Book printed in the former Age entitle The Canons of the Apostles Anti-Christian whereby the Temporal power of the Pope is wholly taken away And the sixth Canon expresly forbids a Bishop to meddle in Civil affairs And in the 84th Canon are these words A Bishop that meddles in War or seeks to obtain these two things that is to say the Empire of Rome and the Sacerdotal Government let him be deposed for the things of Caesar are to be given to Caesar and the things of God to God And that one Arnold who Preached this Doctrine That the Pope had no Jurisdiction nor any thing to do with the Temporal affairs with great applause was in the year 1155 made a Martyr and most cruelly burnt at Rome by the order of Pope Adrian And this agrees with the Testimony of Christ himself Bishops Judg. not only as to Jurisdiction of Marriage and Legitimation but all other matters wherein Temporal propriety comes in question that he refused the Jurisdiction of it as appears Luk. 12.13 And one of the company said unto him Master speak unto my Brother that he divide the inheritance with me And he said unto him Man who made me a Judge or Divider over you It appears therefore the Episcopal Jurisdiction of judging or dividing Temporal goods in the Spiritual or Ecclesiastical Courts came not from Christ but was usurped by Anti-Christ by force of Fire and Faggot and is from him derived to Bishops and Ecclesiastical Courts to the destruction of the rights of Princes and the liberty and propriety of the people
constrained to obey them or to dye for hunger Of the Barbarous Law of Illegitimation or making Children incapable of Succession to the Goods of their own Parents And of the most excellent Law of the Emperour Anastasius decreeing all natural Children to be Legitimate and the repeal of the same caused by the Strumpet Theodora and the succeeding Popes and Bishops The power of Sale of Legitimations of natural Children was first in Pagan Rome usurped there by their Pagan Bishops and Priests and hath since in imitation of them been usurped by Christian Bishops in name but indeed Anti-Christian for the same filthy lucre amongst whom the Bishop of Rome and the Arch-Bishop of Canterbury have been the Primates But after the Emperours of Rome perceiving the vast Sums as it were ex lotio the Prerogative-Office and the Office of Faculties heaped together they swept them all into their own Exchequer and suffer'd no Legitimation to be granted unless they bought them of the Emperours who received great gain thereby till the Empire came into the hands of the vertuous Anastasius who seeing the great oppressions on his Subjects by taking from them that Birth-right which the Law of God and Nature gave not only to them but every Creature born into the World to be provided for by those who begot them and this to be continued only for the profit of his Exchequer he disdained such sordid and impious gain and made a most pious holy and honourable Decree That all natural Children should be Legitimate whereby all Intails to the Bodies of Women of the Husbands Estates were cut off and the mischiefs of bringing Fictitious Adulterous Supposititious and false Heirs into Families prevented But after Theodora who was a common Prostitute Theodora a common Prostitute the Author of the Ecclesiastical Laws of marriage came to be married to the Emp. Justinian and another Theodora as bad as she and her Daughter Marozia and other such Creatures came to be Strumpets to Pope Sergius and other Popes and had the chief hand in making all the Ecclesiastical Laws of Marriage by which the Bishops to this day judge Do any expect that these Whores of Babylon would ever bring any good Laws out of the Stews into the Church Certainly if any judicious and indifferent person will take the pains to take a full view of the Canons he will easily find there is not one which is not either a Gin to take their Prey or a Bait to cover it and that if all the Theodoras Marozias Laisses Thaisses Phrynes and Floras were to be alive again and sit in a Conclave of Women they nor all their Chaplain Priests could not invent better Laws for the advancement of their Trade or ways to destroy Religion Justice Vertue Modesty and Chastity then the Imperial Papal and Provincial Ganons are under the name of Ecclesiastical Laws And that notwithstanding Bishops amongst Protestants should be so long tolerated to judg arbitraties or according to them not only of Patrimonies and Matrimonies Filiations and Successions of the Subjects but of Kings and Kingdoms themselves is horrible But to return now to Theodora as Bodin Fol. 17. says and appears by divers Civil Laws compared after she had got the the Mastery of Justinian the Emperor her Husband a blockish and unlearned Prince when she had made all the Laws she could for the advantage of Women against their Husbands she got him to enact That it should be death for a man to lie with any Woman but his Wife but if the Wife lay with other Men besides her Husband she should only be infamous that is to say she should have no punishment at all for what honour can Infamy take from her who by Adultery hath already lost her honour and is totally defamed I forbear for brevity to recite other of her Laws but amongst them all there being not one good except for her Trade there cannot be a more wicked then the next For she having the command of her chous'd Husband caused him to repeal the excellent Law of the Emperor Anastasius which made as before mention'd all natural Children Legitimate that is to say where their Filiation was acknowledged by the Father by Adoption or other sufficient Declaration by him of the same whereby the old Ignoramus abrogated a better Law then ever he made or was in the whole heap raked together in his name by Theodora and Tribonian and they set up again the old Pontifical Intails of Husband's Lands to the Heirs of the Body of the Woman married before a Priest in a Temple That unlawful Marriages of Parents ought not to illegitimate the Children Child not to be punish'd for the Father's sin Desertion of Virgins after deflouring caused by Illegitimation First This is contrary to the Law of God to punish the sins of the Parents on the Children Secondly This incourages Fathers to deflour Virgins and when got with Child to desert both the Mother and the Child as a far cheaper way then by carrying her first to a Priest and Temple to draw a charge on himself of her and her Child as long as he lives this incourages likewise such Fathers to get Children by Incest and Adultery and Fornication and any other way which is not lawful rather then according to the lawful Ordinance of God because he can cast off all these Women and Children by only saying they are illegitimate and take an hundred more and serve them the like and they shall thereby be defrauded of Succession to his Goods and so much as Aliment from the same whereas if according to the Law of God and the excellent Law of Anastasius derived from the same all natural Children were to be adjudged Legitimate the Children would be provided for by being by Law made Successors to their Fathers Estate as far as the same will reach and Fathers would be discouraged to get Children unlawfully when they saw they could not thereby wickedly desert and make them illegitimate or evade the Obligation laid on them by the Law of God and Nature to provide for their own A wicked Father ought not to have a greater privilege then a good A Father not to take advantage of his own wrong Thirdly 'T is very unjust That a wicked Father should have greater privilege then a good and he who doth his Child injury then he who is his Benefactor for a Father who gets a Child unlawfully doth a double injury to the Child and rather ought to make double satisfaction to him then if he got him lawfully for he dishonors the Child and it is a rule in Law None shall take advantage of his own wrong if the Child is unlawfully begot who did the wrong but the Father who is therefore if proved to be punished for the wrong and not to take advantage of it against his injured Child to illegitimate and disinherit him nor much less ought the Law to do it for no other reason but because the Father
Object 1 First It is Objected That without the publick Testimony of the Marriage by the Priest and Bishop the Woman is in danger of desertion by the Man after he hath devirginated and got her with Child whereas she having the said publick Testimony of the Bishop if the Man take another Woman to Church and marry her by the Law he shall be hanged Answer To which is Answer'd That this Law or Penalty doth no way prevent the desertion for though the Law which Theodora got her Husband Justinian to make That it should be death for the Husband to lie with any other Woman but his Wife might perhaps have something restrained the Man yet this Law that the Husband shall marry no other Woman in Church signifies nothing of restraining him from lying with an hundred elsewhere Object 2 In like manner it is Objected That the Wife if there were no publick Witnesses might desert her Husband for another Man whereas now if she go to Church with another man and is married to him while her Husband is alive she shall be hanged Answer To which is Answer'd That though the Law of Moses Levit. 20.10 which makes Adultery in a Wife Death might perhaps something have restrained the Woman the present Law restrains her no more then it doth the man Object 3 The Third Objection is If Banes and Marriage were not in the presence of publick Witnesses none who had right to a Woman could know when or how to make his claim Answer To which is Answer'd First This preserves not the Claymant's right nor prevents the other man's lying with the Woman if she hath a mind to another Which it appears she hath otherwise she would not have band her self openly with him Secondly If he hath a pre-promise or pre-contract he ought not to recover the Woman in Specie against her will but only damage for breach of promise as to which the Banes make it neither better nor worse Thirdly Admit the man who is the Claymant of the Woman hath not only had pre-promise pre-contract but pre-copulation of the Woman before the other man who is publickly band with her yet to what purpose is a claim made of a Woman who is now became an Adulteress by banning her self with another man and ought not by the Law of God to be claimed by the first man for by retaking an Adulteress the Husband becomes a Pandor to the Wife a destroyer of the Adultererous Child by depriving him of the natural Father and a destroyer of his own Children by bringing in Adulterous Heirs amongst them which is so far abhor'd by the Scripture that in case of Divorce though the Woman is innocent yet it is said Deut. 24.1 2 3 4. according to the Original When a man hath taken a Woman and been a Man unto her and it come to pass that she find no favour in his eyes because he hath found some uncleanness in her then let him write her a Bill of Divorcement and give it in her hand and send her out of his House And when she is departed out of his House she may go and be another man's Woman And if the latter man hate her and write her a Bill of Divorcement and give it in her hand and sendeth her out of his House or if the latter man die which took her to be his Woman her former man which sent her away may not take her again to be his Woman after she is defiled for that is abomination before the Lord and thou shalt not cause the Land to sin which the Lord thy God giveth thee for an inheritance If therefore a Woman innocent put away is not to be received again much less is a Woman guilty of running away with another man to be claimed again in Specie but there is a more just remedy if the Party is thereby damaged to Sue the Woman for breach of her Contract and the Adulterer for taking her away for Damages Object 4 Another Objection is made That without Witnesses of the Marriage if the right of Successions to Goods or Lands come in question the Bishop can make no Certificate of Filiation of the Child who is to Succeed nor can the Common-Law Judges or Juries judg of the matter Answer To which is Answer'd First That lawful Marriage is impossible to be without carnal knowledg and so is likewise Filiation both which are impossible to be witnessed by any but the Parents Marriage what As to carnal knowledg that which makes Marriage the same may be defined to be a Seminal Conjunction of Man and Woman in the natural Act of Generation mention'd Levit. 15.18 Cum vir concubuerit cum ea Semine concubitus which if between Persons prohibited is an unlawful if not prohibited is a lawful Marriage The Jews had three sorts of Conjunctions between Man and Woman which they called Marriages 1. Coemptione 2. Copulatione 3. Instrumentis That which was Copulatione was by their filthy Custom to be done before two Witnesses Witnesses of Marriage any impossible but the parties but the Witnesses here in question are not of the Copulation but of matters impertinent and evidence which tends not to the issue and they are only to Testifie that A. and B. went to Church together and there said words de praesenti and the Priest pronounced them Man and Wife as though the Child was straight begot by the Tongues of the Parties and the Priest in the Sacrament of Marriage as it is in that of the transubstantiation and thereon the Bishop gives his Non sequitur Sentence that here was a Marriage which includes carnal knowledg though 't is not so much Testified nor known by the Witnesses or Bishop whether the Parties were a Man and a Woman or two Women they never having been eye-witnesses of the same nor any Ventre inspiciendo appointed for that purpose Secondly Admit there had been a couple of beastly Jewish Witnesses who would see 't was a Man and a Woman lay together yet it being an undeniable exception against all Witnesses of any matter of Fact that unless they show Causam Scientiae to be one or more of their five Senses their Testimony is worth nothing and such Witnesses having no Sence but their Sight to Testifie Copulation it is impossible though their eyes saw the external Copulation that they should see the internal to be Semine Concubitus without which the external Testimony signifies nothing to make a Marriage Thirdly Admit it were possible these Witnesses saw the man lie with the Woman yet it is impossible and Perjury for them to swear that they saw the man get the Child or that it was not got by another man before or after It was an usual saying of Cato that he wondred how one Aruspex could forbear laughing when he met another they both knowing how each gull'd the people If he were now alive he would much more wonder how one Bishop who is a Father finder could hold his
devour her Child as soon as it is born The People who are Terrae Filii to be the Earth helping the Woman Prelacy being wroth and going to make War with Dissentient Protestants to be the Dragons being wroth with the Woman and going to make War with the Remnant of her Seed which keep the Commandments of God Old Teslament false translated by Bishops in 848 places and have the Testimony of Jesus Christ And that these are not the only false translations which Bishops make of the Scripture appears by the great Linguist Broughton who in his Advertisements of Corruptions affirms to the then Bishops of England That their publick translations of Scriptures is such as that it perverts the Text of the Old Testament in no less then Eight Hundred Forty Eight places and causeth Millions to reject the New Testament and to run into Eternal Flames Sixthly To shew that Coke needs no other to confute him in the signification of Nothus not to be a Child born out of Wedlock but a plece of his own Rhime I shall recite it which is by him set down Manseribus scortum notho Moechus dedit ortum and is a false Verse for No in Notho is short which might happen by some Error of his Scribe but the true Verse is in Calv. Lex whence I suppose he might have it Sed Moecha Nothis dedit ortum which Moecha signifies an Adulteress which she cannot be unless she is a Married Woman therefore it is plain the Rhime it self confutes him that Nothus is not a Child born out of Wedlock but in Wedlock which is unanswerable as to him because ex ore suo though not as to others who are on better reasons unanswerably answer'd before They corrupt the Press both as to Scripture and Law and interdict Protestants to write against Papists or answer them Act of Parliament against Lollards counterfeit by Bishops Coke 3. part 40. saith There was a Statute supposed to be made 5. R. 2. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to Arrest such as should be Certified into the Chancery by the Bishops and Prelates Masters of Divinity to be Preachers of Heresies and notorious Errors their Fautors Maintainers and Abetters and to hold them in strong Prison until they will justifie themselves to the Law of the Holy Church By colour of this supposed Act certain Persons that held Images were not to be worship'd c. were holden in strong Prison until they to redeem their vexation miserably yielded before these Masters of Divinity to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God We have said by colour of the supposed Statute c. not only in respect of the said Opinion but in respect also that the said supposed Act was in truth never any Act of Parliament though it was Entred in the Rolls of Parliament for that the Commons never gave their consent thereunto And therefore in the next Parliament the Commons prefer'd a Bill reciting the said supposed Act and constantly affirmed that they never assented thereto and therefore desired that the supposed Statute might be aniented and declared void For they protested that it was never their intent to be justified and to bind themselves and their Successors to Prelates more then their Ancestors had done in times past And hereunto the King gave his Royal Assent in these words Ypleist au Roy. And mark well the manner of the penning the Act for seeing the Commons did not assent thereunto the words of the Act are It is Ordained and Assented in this present Parliament That c. And so it was being but by the King and the Lords It is to be known that of ancient time when any Acts of Parliament were made to the end the same might be published and understood especially before the use of Printing came into England the Acts of Parliament were ingrossed into Parchment and bundled up together with a Writ in the King's name under the great Seal to the Sheriff of every County sometime in Latine and sometime in French to command the Sheriff to proclaim the said Statutes within his Bailwick as well within Liberties as without And this was the course of Parliamentary Proceedings before Printing came in use in England and yet it continued after we had the Print till the Reign of H. 7. Now at the Parliament holden in 5. R. 2. John Braibrook Bishop of London being Lord Chancellor of England caused the said Ordinance of the King and Lords to be inserted into the Parliamentary Writ of Proclamation to be proclaimed amongst the Acts of Parliament which Writ I have seen the purclose of which Writ after the recital of the Acts directed to the Sheriff of N. in these words Nos volentes dictas concordias sive ordinationes in omnibus singulis suis Articulis inviolabiter observari tibi praecipimus quod praedictas concordias sive ordinationes in locis infra Balivam tuam ubi melius expedire volueris tam infra libertates quam extra Publice Proclamari teneri facias juxta formam Praenotatam Teste Rege apud Westm 26. Maij. Anno Regni Regis R. 2.5 But in the Parliamentary Proclamation of the Acts passed in Anno 6. R. 2. the said Act of the 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. was continually Printed and the said Act of 6. R. 2. hath been by the Prelates ever from time to time kept from the Print A Counterfeit Act Printed by Bishops against Protestants What English Protestant can read this without horror what doth he not observe it why 't is that Counterfeit Act of Parliament 5. R. 2.1382 whereby Bishops usurp to be Judges of the Souls and Consciences of Protestants and to put them in strong Prison till they conform and submit to the will of the Bishop 't is that Counterfeit Act whereby they usurp to be Judges of Heresie and to make Protestants Hereticks when they please 't is that Counterfeit Act whereby they have compell'd the Subjects to swear to worship their Idols 't is that Counterfeit Act whereby they have dragged so many Pious Martyrs to the Stake and burnt them filling the whole Land with fiery Furnaces 't is that Counterfeit Act by which the Bishops have usurped Power to destroy Religion Liberty Propriety and Lives of all Protestant Subjects at their pleasure 't is that Counterfeit Act which was never assented to but disclaimed detested abrogated and declared null and void by the House of Commons 6. R. 2. Anno 1383. and hath been yet most presumptuously caused to be printed as a valid Act by the Bishops being Masters of the Press and the true Act of Abrogation 6. R. 2. Whereon all the Subject hath depends most wickedly suppress'd and never Printed Coke 2.
the nearness of the Task-masters increased it to blind the people they pretend all to be for the Queen and as if neither Pope nor Prelate should have to do with it they incited the Queen like the Eagle of Divinity to Soar to the height of Spiritual and Ecclesiastical Supremacy to no other intention than when she had taken the Quarry they might take it from her and exercise it themselves to their own profit and not hers for the next Clause in the Act is That the Queen may assign Commissioners to exercise all manner of Spiritual and Ecclesiastical Jurisdiction which they knew would be to Bishops but they abusing this Power they had got in the High Commission Court and other Commissions this Clause or Branch of Assigning Ecclesiastical Jurisdiction by Commission is repealed 17. Car. 1. Cap. 11. 13. Car. 2. Cap. 12. but the annexation to the Crown and Oath of Supremacy still continuing they continue still in the King's Name to exercise all Acts of Supremacy both of Legislation by continuing and making Canons and of Judgment and Execution above all Appeal in all matters concerning Marriage Filiation and Succession or more than they were given Power by any Commissions to do while they continued which makes them who exercise Acts of Supremacy incapable of being Judges Delegate By pretence of giving the King Supremacy by the Ceremonies of Coronation and Unction they take it from him to themselves Coronation is the Investiture of a King in his Kingdom by the Ceremony of Tradition of a Crown or setting it on his Head so is the Investiture of a Bishop by Tradition of a Ring and Staff or Crosyer and of a Soldier in Feudal Tenures by Tradition of a Ring Sword or Spear The Persons who have used to make Traditions of Crowns have been in Kingdoms where the Priest hath the Supremacy of the King as in Pagan Kingdoms by the High Priest and in Christian Kingdoms by the Pope or Bishop and in Germany by both for the King of the Romans is used to receive three Crowns one of Iron another of Silver and another of Gold That of Iron he receives of the Bishop of Coleyn in Aquisgrave that of Silver of the Arch-Bishop of Millayne in Italy in the same City and in the Church of St. Ambrose That of Gold of the Bishop of Rome in the Church of St. Peter at the Altar of St. Maurice Where Note That Gold may be bought too dear and that three Magpies have got by the Bargain Supremacy over the Roman Eagle But in such Kingdoms where the Supremacy hath been in the King above the Priest the Tradition of the Crown hath been by the People or their Representative which we call here a Parliament or one appointed by them in regard a multitude cannot all do it in person It is likewise to be observed That there is a difference between assuming a Kingdom by Conquest and by Contract for he that comes in by Conquest takes the Crown without Tradition from Clergy or Lay whether they will or no or exercises the Power of the Sword to govern at his Will without a Crown as did the old Roman and now do the Ottoman Emperors who are never Crowned but wear Turbans whereby no Foreign Caliphs nor their own Mufti 's can usurp Ecclesiastical Supremacy for whosoever accepts Tradition of a Crown or any other Symbol or token of Investiture lays aside all Titles by Conquest and receives a Kingdom by Contract with the people and takes an Oath to Govern according to the Laws Contracted which Contract if made with Bishops and they have the Power of Tradition of the Crown if we will believe Henry the Second they will impose their own Terms of Supremacy and every thing else which concerns their profit and how Imperious they have been in arrogating to themselves only the Right of Tradition of the Crown I shall only mention one Example in the Reign of Henry the First who after the death of his first Queen Matild married a second called Adelira and when she was to Be Crowned Ralf Arch-Bishop of Canterbury who was to do the Office came to King Henry sitting in his Chair of State asking who had set the Crown on his Head The King answering I have now forgotten it was so long since Well says the Arch-Bishop who ever did it he did me wrong to whom it belonged and as long as you hold it thus I will do no Office at this Coronation Then said the King The insolency of an Arch-Bishop Do what you think good Whereupon the Arch-Bishop took the Crown off the King's Head and after at the intreaty of the people set it on again and then proceeded to Crown the Queen Here appears a great difference between the Tradition of the Crown by a Bishop and by the People for the Bishop arrogates the Right as the Pope by his Spiritual and Ecclesiastical Supremacy and compels the Prince implicity to acknowledg the same by either receiving the Original Tradition or Confirmation of his Crown from him as one that hâ—th power Jure Divino to give it but where it is received from the People or Parliament neither Superiority nor Supremacy is imply'd nor comes in question but only the form of the Contract for Superiors and Inferiors and Equals may all Contract alike and bind themselves alike whether Superior or Inferior without any regard or consideration of the one or the other Then for the Supremacy Spiritual given by Unction by a Bishop they are ever citing their old Popish rule Reges sacro oleo uncti Spiritualis Jurisdictionis sunt capaces Kings anointed with holy Oil are capable of Spiritual Jurisdiction whereby they make an Appearance as if by their Oil they gave Supream Spiritual Jurisdiction whereas in truth they thereby circumvent Princes and make them implicitely acknowledg the Bishop who anoints to be a greater Supream than the Anointed for the Bishop assuming without Miracle or sign of Mission to Consecrate the Oil he thereby prâ—tends he hath Power Jure Divino to Consecrate and Anoint as some Prophets had by Miracle amongst the Jews and then from Christ's Argument Matth. 23.17 19. Anointing safer for Princes by a Lay-hand and with common Oil than with Oil Consecrate Whether is greater the Gold or the Temple which Sanctifieth the Gold the Gift or the Altar which Sanctifieth the Gift infers whether is greater the Temple or Bishop who Consâ—crates the Temple the Oil or Bishop who Consecrates the Oil and whether is a greater Supream the Person Anointed or the Bishop who Anoints and Consecrates the Anâ—inted So it was by pretence of Consecration of Crowns and Oils by which the Pope first and since the Bishop hath usurped Supremacy over Princes and secretly steal the Supremacy of that Spiritual Jurisdiction to themselves which they pretend to give them But where the Tradition of the Crown or Unction is by the People or their Representative the Parliament according to Contract
when the true worshippers shall worship the Father in Spirit and Truth for the Father seeketh such to worship him God is a Spirit and those that worship him must worship him in Spirit and Truth To worship therefore in Spirit and Truth is the Internal Worship of the heart and not the External Ceremonies which may be Compelled and Counterfeit and if mixt with the Worship of God are not directly to Worship God but the Idol or the Priest as for example I shall instance the usual Ceremonies of uncovering the Head Bowing and Kneeling to which men are compel'd in Temples Compulsion to external Ceremonies is to Worship the Idol and the Priest and not God as both Ancient and Modern Pagan Idolaters pretend the same distinction of Worship to and towards the Image where those or other Ceremonies are used as do the Papists and if the same should be allowed there could be no Idolatry committed in the World and the Second Commandment were useless and deservedly by the Papist turn'd out of the Decalogue for all Nations in the World whether Civil or Barbarous which use Idols or Images yea the Tartars Africans Indians and very Americans say They Worship not the Idol but their God in the Idol But if once the Omnipresence is believed this Faith destroys all Ceremonies of Worship both towards and to and in and shews the Worship of Spirit and Truth to be every way and every where and that Idols ought not to be brought into the Place or mixt with the Divine Worship they manifestly drawing the Honor of Bowing Falling down Kneeling or the like towards or before them pretended to God to be given themselves for which reason it seems Josephus lib. 8. cap. 2. de Antiq. Jud. says Solomon sin'd and broke the Law in making Similitudes in the Temple of Beasts of Brass to underprop the Brazen Sea and Lions to set unto his Throne which are apt to be Converted to Idolatrous Uses and of the Act of Hezekiah 2 Kings 18.4 to take away those External Ceremonies of Worship then in fashion for it is said He removed the high Places and brake the Images and cut down the Groves and brake in pieces the Brazen Serpent which Moses had made for unto those days the Children of Israel did burn Incense to it and he called it Nehushtan Yet here might it have been said by the Idolatrous Priests who made great gains of these Ceremonies of Bowing Kneeling and Falling down to those Images that they were very Ancient and Decent Ceremonies and great Ornaments of the Worship of God and they did not Bow Kneel Fall down or offer Incense to the High Places but God in them yet here in the Judgment of Hezekiah these external Ceremonies gave the Honour pretended to be given to God to these Idols and he therefore Abolished them In the like manner do the Priests now the Images are removed yet Surrogate in their stead what Idols they can of Temples and Altars abolished by Christ and under pretence of the Ornament and Decency of Worshipping God by Compulsion to those External Ceremonies of the Body to which it is impossible to compel the worship of the Spirit and Soul draw to themselves wholly that Divine Honour which they feign is given through these to God as is easie to be seen in every common Church or Temple the People walk talk and place themselves in what posture they please till the Priest appears and is heard in the Pew then as if the Apparition of a Deity spake there is such shuffling away of Hats and falling on knees to receive an Absolution which none but God can give of their Sins and as assoon as the Morning Service is ended and the Priest got out of the Church all the Hats are again on and not a man to be seen on his knees till the Priest again return in the Afternoon then are they all again on their knees to pray according to the foremention'd distinction towards him but not as they said to him and receive his Benediction which none is able to give but God and these Ceremonies of falling on their knees towards the Priest in those many Postures of Confessions of Sins Penance Absolution and Benedictions were so scandalous to the Heathen that when a Christian reproved one of them that he fell down before a dead Idol and worshipped it he would answer That the Christian fell on his knees before a worse living Idol Et quod Pontificis coleret Genitalia In the like manner was a Jesuit Recriminated who reproved an Indian King of Candecan that he fell down and worshipped his Paw-God and answer'd That He fell down and worshipped his Crucifix To the same purpose have some Episcopal Protestants been Recriminated who reproved Papists that they bowed and fell on their knees to the Host in the Mass and answer'd that they bowed and fell on their knees to the High Altar and the Bread received from it So neither side can justifie but Recriminate which how weak Argumentation it is concerning the worship of God in Spirit and Truth is easily understood But to return to the first consideration That the Priest is worshipped and not God by the Ceremonies of the Temple appears in regard if they taught that the People must put off their Hats or fall on their knees in token of Reverence to God as being in the Temple Consecrated by the Bishop more than in another place then must they teach them that they ought to perform the same Ceremonies when both Bishop and Priest are out as well as in and must be perpetually as long as they are in the Church seeing God is perpetually in it and both Bishop and Priest must be perpetually uncovered when there as well as the People and as well before Service as after and as well without the People as with them but they neither teach nor practice any such matter but only command uncovering and kneeling to be towards themselves when present therefore they give the whole Honour of these External Ceremonies to themselves and not to God So the Popes Missionary Priests breed up the poor Americans in such Superstition and Slavery as they worship the Priests for Gods and if a Priest do but ride on a Journey through the street they all as he passeth fall on their knees with their hands Elevated towards him praying him to forgive their Sins and give them their Benediction which the Priest very gravely doth making many Mumpsimusses with his Mouth and Crosses in the Air with his finger towards them and they for the same bring him plenty of Provision and Oblations to his Lodging where he Inns The Arch-Bishop of Moscho reputed the Greek Pope or chief Patriarch when he Consecrates the River there for Baptism which is once a Year he Rides in great State in most Rich and Gorgeous Robes carrying the Sacrament in his Lap the Emperour himself leading his Horse by the Bridle and many persons casting before
to express his unnaturall Villany both heard and saw by a Travers from the other side of the Tent But was so far from being moved with Compassion that thinking it long till he were dispatched with a most Terrible and cruel Voice he rated the Villaines enured to Blood saying will you never dispatch that I bid you Will you never make an end of this Traitor for whom I have not Rested one night these ten years in quiet which horrible commanding Speeches yet thundring in their Ears those Butchering Mutes threw the Poor Innocent Prince upon the Ground and with the help of the Eunuchs forcibly drawing the knitted Bow-string both ways by the Commandment of a most wicked Father strangled him With like Barbarous Cruelty he shortly after caused Mahomet his Nephew Mustapha his Son to be strangled also This unnatural and strange Murther committed he presently Commanded the Bassa of Amasia Mustapha's Lieutenant to be apprehended and his head in his own presence to be struck off which done he sent for Trihanger yet Ignorant of all that was happened and in sporting wise as if he had done a thing worth Commendations bid him go meet his Brother Mustapha which thing Trihanger with a merry and chearful Countenance hasted to do as one glad of his Brother's Coming But assoon as he came unto the place where he saw his Brother lying dead upon the Ground strangled it is not to be spoken how he was in mind tormented He was scarcely come to the place where this Detestable Murther was Committed when his Father sent unto certain of his Servants to offer unto him all Mustapha's Treasure Horses Servants Jewels Tents and withal the Government of the Province Amasia But Trihanger filled with extream heaviness for the unmerciful Death of his well beloved Brother spake unto them in this sort Ah Wicked and Ungodly Cain Traitor I may not say Father take thou now the Treasure Horses the Servants the Jewels and the Province of Mustapha How come it into thy Wicked Cruel and Savage Breast so ungratiously and contrary to all Humanity I will not say the Reverence of thy own Blood to kill thy Worthy Warlike and Noble Son the Mirrour of Courtesie and Prince of Greatest hope the like of whom the Othoman Family never yet had nor never shall I will therefore my self provide that thou nor none for thee shall never hereafter in such sort shamefully Triumph over such a Poor Wretch as I am And having thus much said Stab'd himself with his own Dagger in the Body whereof he in short time dyed which so soon as it came to the Old Tygers Ears it is hard to say how much he grieved His dead Body was by his Fathers Commandment carryed from Aleppo in Syria to Constantinople and afterwards Honorably buried on the other side of the Haven at Pera. Hence appear the two great benefis the Ottoman Emperors receive from not medling at all with the Priest either in Coronations or Marriages but as to the first rather wear no Crown at all and are content with a Turbant than receive it from them or their Unctions and for their Marriages take what Wife they like in Private without them or their Solemnities For first the sparing a Coronation and likewise the Solemnity of any Marriage which cannot avoid if publick by a Priest the forementioned Excesses of Apparrel Tilting Turneaments Masking Gluttony Riot Drunkenness Dowers and Gifts on the Coronations and Marriages of so great Princes saves him a Vast some of Money to his Private Treasure and what is a greater benefit than the other secures his Supremacy against the Ecclesiastical Mufties and Caliphs who can make no pretence to depose him or take from him or his Successors that Government which they never gave him nor he would receive from them or his Sons from their Unctions or Certificates 12. They proceed to Judgment in the unknown language of Law-Latine That the Romish Bishops and Priests were the first who brought Latine into Churches and compelled the People to Pray to God in any Language they understand not I suppose none will doubt and I cannot think any will oppose but grant these likewise were the first who brought the same Barbarous Latin both into the Spiritual and Temporal Courts they themselves being at first the chief Judges and Clerks of both It will not likewise be denyed that William the Norman was the first who brought in his Barbarous French to this Nation and if we consider no further than that the Authors of these two Languages were Forrein Enemies and Papists I see no Reason any Protestant Divines or Lawyers have except filthy Lucre to be so fond of them as to continue such Exotick Gibberish to be not the least corruptions of our Religion and Justice and snares of Liberty and Propriety and somtimes of Life it self The final causes therfore which induce these uncouth and crabbed Languages and Characters both of Court and Chancery hands have been and are very wicked 1. One cause for which the Roman and likewise the Norman who was the others Ape put the Forms of Judicial proceeding into unknown Languages was to intrap the People Bak. Hist 27. 2. It hath been continued by Judges and Officers of Courts to Monopolize the Trade of Law 3. That Ignoramus and Dulman who had not been at Shool long enough to learn true Latine might write half Words and Dashes which the Country Men might not be able to understand and laugh at Scribe cum Dasho bene est 4. That motions at Bar and demurrers and arguments in Law may multiply and cut out the more Work for Counsel for often times many a Term is spent in Babling about the pedigree of a false Latine word Coin'd by Dulman to derive it as high as a Radix which grew in Babel and when they have done that as great a Task they have to make it agree with his Anglicè whereby all the Cost and many a good Cause is lost because the Clerk could neither Latine nor English right 5. But when there is a Mis-prision or Mis-pleader by reason of a Language the Clerk understands not what a World of money will it cost his poor Client to get an Amendment for him of one or Repleader of the other The best Counsel in the Town must be Retain'd and they must spend at least a twelve month from Term to Term before they can be all heard Pro Con to repeat over all the Acts of Parliament since Magna Charta and all the Rotulo's in such a Hillary and such a Michaelmas Term. And all the Bundles in Ragman-Bag and all the Records in the Tower to the amazement of the Poor Countryman who keeps Twitching them by the Sleeves and Crying out like him in Martial Non de vi neque caede nec veneno Sed lis est mihi de tribus capellis Vicini queror has abesse furto Hoc Judex sibi postulat probari Tu Cannas Mithridaticumque bellum Et
Seas alas so many Flames can quench The Romish Tyrant on Tarpeia smil'd To see the Brittish Priests thus both beguil'd When they have sent each other unto Hell Saith he by mutual wounds hark what I tell Lest they want Fire should in the Pit profound I will them both alive burn above ground Behold the Jest the peeping Mouse and Frog With Bulrush fighting are on Hill and Bog Like Kite mean while hid in a Cloudy Day With soft mov'd Wings I 'le soar about my Prey So I at length the Croaking Frog shall gull And Mouse ridiculous in pieces pull I shall proceed next to the Form and whole Nature of Excommunication and the further manifold mischiefs it brings to all Protestant-Churches which shews Bishops who use it are neither sit Judges of Marriage nor of any thing else The Form of the Jewish Excommunication By Decree of the Cities and Command of the Saints We Anathematize and Adjure Exterminate Excommunicate Curse and Execrate by the Will of God and the Church by the Book of this Law by the Six Hundred and Thirteen Precepts written in the same by the Anathema wherein Joshua Anathematized Jericho by the Curse wherewith Elisha Cursed the Children and by the Curse wherewith he Cursed Gehazi his Boy and by the Excommunication wherewith Baruch Excommunicated Merath and by the Excommunication which the men of the great Synagogue use and by the Excommunication which Rabbi Jehuda the Son of Rabbi Jehezkiel used in this matter and by all the Anathemata's Imprecations Burnings Excommunications and Exterminations which have been from the time of our Master Moses and since by the name of Acetheriel Jah Lord of Hosts by the name of Michael the Great Prince by the name of Mittraton whose name is as the name of his Master by the name Sandalipon who Binds the Bindings by his Lord by the name of the name of Forty-Two Letters by the name of him who appeared to Moses in the Bush by the name by which Moses divided the Red-Sea by the name of Four Letters by the Writing which is Writon the Tables by the name of the Lord of Hosts the God of Israel sitting on the Cherubin by the name of the Sphaeres and Circles and the Holy living Creatures and Ministring Angels by the name of all the Angels which Minister to the Supreme God let every Israelite and Israelitess wittingly or willing violating any of the things denounced to be observed be Cursed to the God of Israel sitting on the Cherubims let him be Accursed by the Name Glorious and Bright which the High-Priest expresseth in the Day of Expiations let him be Cursed by Heaven and Earth let him be Accursed by the Omnipotent God let him be Accursed of Michael the Great Prince let him be Accursed of Mittraton whose name is as the name of his Master let him be Accursed as Acetheriel Jah Lord of Hosts let him be Accursed of the Seraphim and the Orbes and Holy living Creatures and Angels who Minister before the Supreme God in Holiness and Cleanness If he was born in the Month Nisan which the Angel called Vriel as Prince of the Rank under which he is Governs let him be Accursed of him and all his Rank and if he was born in the Month Jier which the Angel called Trephaniel as Prince of the Rank under which he is Governs let him be Accursed of him and all his Rank and if he is born under the Month Sivan c. this Cursing runs through every Month one after another in the same words Then follows Let him be Accursed of the Seven Angels set over the Seven Days of the Week and of all their Ranks and helping Powers let him be Accursed of the Four Angels set over the Four Quarters of the Year and of all their Ranks and helping Powers let him be Accursed of the Seven Palaces let him be Accursed of the Princes of the Law in the name of the Crown and in the name of the Seal let him be Accursed of the Great God strong and bright let their be Confusion of his Seed let him fall with a swift Ruin let the God the God of the Spirits of all Flesh destroy and cast him away let the God the God of the Spirits of all Flesh subdue him let the God the God of the Spirits of all Flesh overthrow him let the God the God of the Spirits of all Flesh keep him down let the Wrath of the Lord and a violent Whirlwind fall on the head of the Wicked let the Angel of Destruction fall upon him let him be Accursed in all things to which he sets himself let his Soul depart in Terror let him die of the Quinsey let not his Breath go out nor return with the Consumption Fever Burning Drought let him be smitten with the Sword with pining away with the Jaundice nor before his Destruction be freed from them let his Sword enter into his heart and let his Bow be broken let him be as Dust before the Wind and let the Angel of the Lord scatter him let his way be Darkness and Slipperiness and the Angel of the Lord persecute him let unlooked-for Desolation come upon him and let the Net which he hath hid take him let them Expell him from the Light into Darkness and from the habitual World they shall Banish him Tribulation and Straights shall terrifie him his Eyes shall see his own Destruction and he shall drink the Wrath of the Almighty let him put on Cursings as a Garment let him devour the strength of his Skin also God shall scatter him for ever and shall root him out of his Tabernacle The Lord will not rest to forgive him but the Wrath of the Lord and his Jealousie shall smoak against that man and all the Curses which are written in the Book of this Law shall lie upon him for Evil out of all the Tribes of Israel according to all the Curses of the Covenant which are written in the Law But you who adhere to the Lord your God bless you this Day he who blessed Abraham Isaac Jacob Moses and Aaron David and Solomon and the Prophets of Israel and those who amongst the Nations are Holy bless this Holy Congregation and all other Holy Congregations Except only He who shâ—ll break this Curse God of his mercy keep them and make them safe and take them out of all trouble and misery and Prolong their Days and their Years and send his Blessing and a prosperous Wind to the Work of their Hands and let Him Revenge them speedily with all other Israelites and so let his Will and Decree be Amen Seld. de Jur. Nat. Gent. Juxt Discip Ebr. lib. 4. Cap. 7.527 The Form of the Greek Excommunication against Thieves If they Restore not to him that which is his own and possess him peaceably of it but suffer him to remain Injured and Damnified Let him be Separate from the Lord God Creator and be Accursed and Unpardoned and undissolvable after
Death in this World and in the other which is to come let Wood Stones and Iron be dissolved but not they May they Inherit the Leprosie of Gehazi and the Confusion of Judas may the Earth be Divided and Devour them like Dathan and Abiram may they Sigh and Tremble on Earth like Cain and the Wrath of God be upon their Heads and Countenances may they see nothing of that for which they Labour and Beg their Bread all the Days of their Lives may their Works Possessions Labours and Services be Accursed always without Effect or Success and blown away like Dust may they have the Curses of the Holy and Righteous Patriarchs Abraham Isaac and Jacob of the Three Hundred and Eighteen Saints who were the Divine Fathers of the Synod of Nice and of all other Holy Synods and being without the Church of Christ let no man administer the things of the Church or Bless them or give the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Blessed Bread or Eat or Drink or Work with them or Converse with them â—nd after Death let no man Bury them in penalty of being under the same State of Excommunication for so let them remain until they have performed what is herein Written The Form of the Popes Excommunication against Queen Elizabeth Pius Bishop Servant of Gods Servants c. She Queen Elizabeth hath clean put away the Sacrifice of the Mass Prayers Fastings choice or difference of Meats and single Life she possessing the Kingdom and by Usurping the place of the Supreme Head of the Church in all England and the chief Authority and Jurisdiction of the same hath again brought the said Realm into miserable Destruction Unto her all such as are the worst of the People resort and are by her received into safe Protection c. We do declare That the said Elizabeth and as many as stand on her side in the matter above-named have incur'd the Sentence of our Curse We also declare That we have Deprived her from that Right she pretended to have in the Kingdom aforesaid and also from all and every her Authority Dignity and Privilege We charge and forbid all and every the Nobles and Subjects and People and others aforesaid that they be not so hardy as to obey her or her Admonitions Commandments or Laws upon pain of the like Curse upon them We pronounce That all whosoever by any occasion have taken their Oath unto her are for ever discharged of such their Oath and also from all Fealty and Service which was due to her by Reason of her Government c. All the said Forms of Excommunications Wicked and Anti-Christian Forms of Excommunication Wicked and Anti-Christian As to which Forms of Jewish Greckish and Romish Excommunications they are all Wicked and liable to their several Exceptions 1. The Jewish and Greekish praying for Curses to Angels and Saints fall into the Crimes of Angelolatry Idolatry and Daemonolatry for it is manifest if they on malicious Prayers of men do any Malefice to any of Gods Creatures they are Evil and not Good Angels 2. They ramble together a company of Angels names not knowing whether there are any of the Names or Offices they assign them or not or whether they are Angels or Daemons transformed 3. They pray for the Curse of Gehazi which was to him and his Seed whereas God declareth he will not punish the Sins of the Parents on the Children therefore they can pray for the Curse of Gehazi to none but Daemons 4. All the three Curses both Jewish Greekish and Romish are Anti-Christian No such word as Excommunication in the whole Scripture for Christ commands to Bless and not to Curse I suppose therefore none will dare to use any of these Forms in England nor if they are true Christians will they dare to coin a Form of their own Heads there being not so much as the word Excommunication used in the whole Scripture nor Pattern or Precept of a Form from Christ who gave a Form of Prayer to forgive Trespassors but none to Curse or Excommunicate them The Form of Proce ding to Excommunication is set down by several Writers concerning our Ecclesiastical Courts as appears in Linwood 500. That anciently when the King and the Sheriffs did continue Communion with the Excommunicates or let them out of Prison This may as well prove Bell Book and Candle to be from Christ as Excommunication contemning all the Keys of the Church the Bishop renewed his Sentence by the highest Romish Ceremonies of Bell Book and Candle for so is the Canterbury Canon Huic ergo morbo congruum voâ—entes adhibere remedium Statuimus quod Excommunicati sic capti ac taliter excuntes de Carcere ad majorem detestationem liberatorum liberantium publicè solemniter pulsatâ—s campanis candelis accensis excommunicentur These were the Form of Ceremonial Acts but I find no Provincial or Common-Law-Author which sets down any Form of words to be used in Excommunication only there is a blind old Certificate of the Arch-Bishop lib. Intra 320. The Form of the Arch-Bishop Certificate of Excommunication in this Form recited Vniversis singulis Justic ' Domini Regis aliis Christi fidelibus quibuscunque praesentes literas visuris audituris salut ' fid ' indubiam prosecutionis adhiberi sicut ovis morbida ab ovili penitus ejiciend ' ne aliis infectiva reddatur sic Excommunicati sunt à Communibus actibus excludend ' ut ex hoc Censura Ecclesiastica magis teneantur Excommunicat ' hujusmodi rubor ' confusi ad reconciliac ' gratiam citius inclinentur Vniversitat ' igitur vestrae notitiae deducimus per praesentes quod frat ' I. Prior Priorat ' de L. nostrae Dioc ' propter suas manifestas multiplicat ' contumac ' rebelliones offensas non parend ' certis monitionibus licitis canonic ' authoritat ' nostra ordinaria sibi fact ' in Mens ' M. ult praeterit ' suit est majore Excommunicationis sententia eadem nostra authoritat ' ordinar ' innodatus pro sic Excommunicato publ ' denunciatus eadem sententia excommunicatus per immodica tempora perseveraverit perseverat animo pertinaciter indurato Dat' sub sigillo nostro c. But here is nothing shews the Form of the words of Excommunication used by the Arch-Bishop Form of words of Excommunication 1648. In the late times of Usurpation Aug. Anno 1648. cap. 118. The new coigned Form of words of Excommunication appears to be this Whereas thou N. hast been by sufficient proof convinced here mention the Sin and after due Admonition and Prayer remainest obstinate without any Evidence or Sign of true Repentance Therefore in the name of the Lord Jesus Christ and before this Congregation I Pronounce and Declare Thee N. Excommunicate and shut out from the Communion of the Faithful After the Denunciation of this Sentence the People
may be easie for the Priests to put Apples Grapes and Nuts in a Coffin and by Night to make fearful Noises Shrieks Groans and Counterfeit Apparitions about Graves and Tombs whence the horror of the very place and darkness make such impressions on timorous Fancies as they shall not dare to approach much less examine the matter and take out the new Body out of the Coffin and put in one had been Buried Seven Years and then a Vault made of purpose to make a noise under ground in the Church and Sofronio know nothing of all this 5. But whether it were Witchcraft or Cheat it is most horrible wickedness to make Use of either under pretence of Church-Discipline or the Worship of God seeing they both come from the Devil Alvarez a Portugal Priest Relates of himself That at the Town of Barva in Ethiopia there appeared a Terrible Cloud of an infinite number of Locusts which at length fell and Devoured the Countrey and that he and another Portuguez Priest took a Consecrated Stone and the Cross and sung the Letany and in this manner went in Procession through the Corn-Fields for the space of a Mile unto a little Hill and there he caused them to take a quantity of the Locusts and made of them a Conjuration which he carried with him in writing which he had made the Night before Requiring them Charging them and Excommunicating them Willing them within Three Hours space to begin to depart towards the Sea or towards the Land of Morez or towards the Desart Mountains and to let the Christians alone and if they obey'd him not he called and adjured the Fowls of the Air the Beasts of the Field and all the Tempests to scatter destroy and consume their Bodies And for this purpose he took the quantity of Locusts and made this Admonition to them that were present in the name of themselves and those which were absent and so let them go and gave them liberty The Locusts began forthwith to depart and in the mean while a mighty Tempest and Thunder arose toward the Sea which drowned all the Locusts in the River and the dead Locusts remained in heaps two Fathom high on the Banks so by the Morning there was not one Locust left alive This Excommunication if true were Conjuring and Witchcraft Flies Excomunicated Peter de Nathal in vita Bernhardi Relates That St. Bernhard denounced the Sentence of Excommunication against Flies Whether this may be call'd Witchcraft or a Silly Prank of St. Simplicius I cannot say but if he could Excommunicate Flies without a Magical Telesme or Inchantment Fishes Excommunicated he shall be the Domitian of Divinity Mere. Gallo lib. 6. p. 592. saith That Anno Domini 1593. The Bishop of Conagtion very malitiously Excommunicated the Innocent Fishes Theodosius a Bishop of Alexandria Dead Excommunicated Excommunicated Origen Two Hundred Years after his Death if he is censur'd only for a Cheat 't is less than so wicked a practice deserves Now though God may permit wicked men to Excommunicate and Daemons Witches wild Beasts and Tyrants to abuse the Bodies of the best men after they are dead they have no Power to touch the Soul And we ought not to fear but contemn their Excommunication for so saith Christ Matth. 10.28 Fear not them that can kill the Body but are not able to kill the Soul but rather fear Him which is able to destroy both Soul and Body in Hell Excommunication of the Devil Devils Excommunicated Mengus de Flagell Daemon Describes part of the Form of the Romish Exorcism to be I Command you Oh Davils who are come to the help of those that vex this Creature of God N. upon pain of Excommunication and Immersion into the Lake of Fire and Brimstone for a Thousand Years that ye yield no Aid and Assistance to these Devils It seems the Devil is of the Society of these Romish Priests otherwise he could not be Excommunicated To grant a Bishop Power of Excommunication is to grant him the Legislative Judicial and Executive Power Excommunication gives the Pope the Legislative Power over all Nations for by this he made his Canon-Law whensoever he pleased to be observed through Christendom by no other Obligation than his Command they should be observed on pain of Excommunication By granting the Power of Excommunication the Legislative Power is granted and the Clergy in Convocation used anciently without asking the Royal Assent to make Canons touching matters of Religion to bind not only themselves but all the Laity without Assent of the Lords and Commons in Parliament It was used in ancient time for Creditors besides other Security to procure Debtors to Swear they would pay them and thereupon there being then no Arrest in the Temporal Courts for Debt they Sued them in the Spiritual Courts on their Oaths and they granted an Excommunicato Capiendo to Arrest them without Bail which were so frequent that E. 1. could not keep his Servants free from Arrest in his Court till to prevent it he caused a Writ De Promulgantibus Sententiam Excommunicationis Capiendis Imprisonendis Commanding to Imprison such as Excommunicated any of them Rot. Parl. 25. E. 1. Intus Henry the Second according to Hovedon would That all such of the Clergy as were Deprehended in any Robbery Murder Felony Burning of Houses and the like should be Tried and Adjudged in the Temporal Courts as Lay-men were But Becket Arch-Bishop of Canterbury stood proudly on the Pontificial Prerogative of the Clergy That no Clergy-man ought to be Tried but in their own Spiritual Courts and by men of their own Coat And if they were Convicted before them they ought only to be deprived of their Office but if they after offended they should be Judged in the Kings Courts This Power of Judgment he drew to his own Court only by his Power of Excommunication A Copy of a Prohibition of Excommunication A true translated Copy of a Writ of Prohibition granted by the Lord Chief Justice and other the Judges of the Common-Pleas in Easter-Term 1676. against the Bishop of Chichester who had proceeded against and Excommunicated one Thomas Watersfield a Church-Warden for Refusing to take the Oath usually tendred to Persons in such Office to Present such who absent from Church by which Writ the Illegality of all such Oaths is Declared and the said Bishop Commanded to Release and take off his said Excommunication c. CHarles the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Reverend Father in Christ Ralph by Divine Providence Lord Bishop of Chichester or any other competent Judg in his behalf whatsoever Greeting We are informed in our Court before our Justices at Westminster on the behalf of Thomas Watersfield That whereas by the Laws of this our Realm of England no Person ought to be Cited to appear in any Court Christian before any Judg Spiritual to
take any Oath unless it be only in Cases Matrimonial or Testamentary But whereas also by a certain Act in Parliament began and holden at Westminster the 8th Day of May in the 13th Year of our Reign and there continued till Wednesday the 30th Day of July in the 13th Year of our Reign afâ—resaid and from the same Day the Parliament Adjourned till the 20th Day of November then next following amongst other things it was Enacted by the Authority of the said Parliament That it should not be lawful for any Arch-Bishop Bishop Vicar General Chancellor Commissary or any other Spiritual or Ecclesiastical Jurisdiction to offer tender or administer to any Person whatsoever the Oath usually called the Oath Ex Officio or any other Oath by which such Person to whom it may be offered or administred might be burdened or compelled to confess or accuse him or her self of any Criminal matter or thing whereby he or she might be burdened with any Censures or Punishments as in the said Act amongst other things it is more fully contained Yet you the aforesaid Bishop after the Coming forth of this Act viz. the 23d Day of July in the 27th Year of our Reign in no wise regarding the said Law and Statute at Chichester in the County of Sussex did offer and tender unto the said Thomas Watersfield being then Church-Wapden of the Parish Church of Arundel in the said County of Sussex a certain illegal Oath Ex Officio to be performed by the said Thomas Watersfield in a Cause neither Matrimonial nor Testamentary by which the said Thomas Watersfield might be forced to accuse himself of divers matters Criminal and with which he might be Burdened with divers Punishments and Censures Ecclesiastical In which Oath as it was then tendered the said Thomas Watersfield should with his utmost Diligence Present every Person which then or lately was Inhabiting within the said Parish of Arundel who hath done any offence or neglected any Duty mentionâ—d in certain Articles contained in a certain Printed Book which Book was then and there shewn by you the said Bishop to the said Thomas Watersfield and the said Thomas Watersfield doth Aver at the time of the Tendering of the said Oath and before and afterwards ever since and hitherto That he hath dwelt and been Resident in Arundel aforesaid and that in the said Printed Book at the said time that the said Oath was tendered to be performed there was contained amongst other thâ—ngs this Question viz. Whether every Person Inhabiting or Sojourning within the Parish of Arundel aforesaid did daily resort every Lords-day and Festival appointed for Divine Service to the Church and whether they did there remain the whole time of Divine Service quietly with Reverence Order and Decency and whether Church wardens and Officers called Sides-men did observe those which came late after the beginning of Divine Service or went away before the end of the same and whether they did suffer some to stand idle or to talk in the Church-Porch or to walk in the Church-Yard during the time of Prayer and Preaching or other Sacred Duties And forasmuch as the said Thomas Watersfield did then and there refuse to take the said Oath you the aforesaid Bishop did pronounce the Sentence of Excommunication upon him afterwards that is to say upon the 23d Day of July in the 27th Year of our Reign aforesaid at Chichester aforesaid In Contempt of Us and the manifest Damage Prejudice and Impoverishment of the said Thomas Watersfield and against the Form and Effect of the said Statute and the Common Law of this Our Realm of England And whereas such Pleas by the Laws of England of Right belong to Us and not to You We therefore being willing to maintain the Laws of our Crown and the Law and Custom aforesaid as by the Bond of our Oath we are bound to do We forbid you firmly enjoining you not to intermeddle or hold before you the said Bishop the Plea and Sentence aforesaid as to any Answers in the said Articles concerning the said Thomas Watersfield or any thing from thence attempted But that you Release and Dissolve all Decrees and Sentences if any be against the said Thomas Watersfield by reason of the said Fulmination And that you do absolutely Release him the said Thomas Watersfield from all Decrees and Sentences upon occasion of the said Fulmination Teste at Westminster the 6th Day of May in the 28th Year of Our Reign Wurley The Suggestion on which this Prohibition is granted remains Recorded in the said Court of Common-Pleas in Mr. Wurley's Office Roll 551. Excommunicators Murderers John Hus and Jerome of Prague held That Priests ought to Preach notwithstanding Excommunication That Bishops were Murderers for delivering men over to the Lay-power for Disobeying them That such Excommunication was a humane Invention to maintain the Pride and Cruelty of the Clergy And were Martyr'd for this and other Truths The King shall be forced to Execute every Decree of the Pope or Priests with the Temporal Sword though contrary to his Conscience otherwise he shall be Censur'd if obstinate not worthy to hold his Crown Sheriff of Englands Oath The Sheriffs of England are compell'd to be Sworn to Assist and Execute all the Commands of Bishops not excepting against the King himself which is a most wicked Oath to be suffer'd For though it doth not Swear in express words to give the Supremacy of the Temporal Sword to this Spiritual Sword of Excommunication that the Priests were too subtle to have appear openly in their Form Excommunicators Usurp Supremacy yet doth it require him to Swear what is Aequipollent to assist and maintain the Bishops and Commissioners of the Holy Church as often as by them requirâ—d whereby their Spiritual Sword is made the Imperant and the King 's Temporal Sword the Obedient The Imperant hath Supremacy over the Obedient as it is said Rom. 6 16. Know ye not to whom ye yeild your selves Servants to Obey his Servants ye are to whom ye Obey Shall the Sheriff therefore be compell'd to be a Traitor to deliver the Temporal Sword intrusted in his hand by the King to those who assume that Luciferian Title of the Holy-Church to be Supreme above the King which is point-blank contrary to his Oath of Supremacy which obliges him to suppress with it such a Rebellious Pride to the utmost of his Power The Sheriff is likewise by the Law of Scotland to do Execution on Excommunicate Persons as appears Skene de verb. signif tit Schiriff Sheriff of Scotland whose words are The Sheriff shall take and apprehend all Cursed and Excommunicate Persons at the desire of the Bishop or his Official and put them in Prison untill they satisfie God and the Kirk Stat. 2. Reb. Br. specially them quhahes remained under the Censure of Excommunication by the space of Forty Days Quon Attach Rextali 76. And by Ja. 2. P. 4. cap. 7. it is Enacted That
Recites a Catalogue of above Thirty Kings and Princes deposed by them all which pretended Power of Excommunication and if Bishops are granted the same Power of Excommunication which Popes have what hinders but that British Popes and British Bishops are thereby granted when they dare and have opportunity to Excommunicate and Depose Kings as well as the Romish Popes and Bishops who are as quiet as the British till they have opportunity and dare shew their Teeth Pagan Priests claim Supremacy in Judgment above Kings This was commonly practised by the Pagan Priests whom the Pope and Bishops follow to claim Supremacy in Judgment Jure Divine over their Kings to which purpose Tacitus speaks lib. 4. cap. 2. That the Priests amongst the Germans took on them the Power of Judicature not by Commission from the Prince but by Command pretended from God whom they account to be then in presence and to be assisting in their Fights which Power claimed by those ancient Pagan German Priests is no other than the Jurisdiction at this day claimed by the later German Arch-Bishops and Bishops over their Emperors The like Power long before them was claimed by the old Aegyptian Priests over their Kings whom they thereby divers times Sentenced and put to Death How vain the hopes are of obliging Bishops either by their Duty of Allegiance to their Native King or by Benefits or Oaths it appears by the Examples following Bishops not to be obliged by Benefits or Oaths When William the Conqueror came in he took this Kingdom from the Gift of the Pope and promised in consideration thereof to hold it Feudatory of him and thereupon coming hither with a Bull and an Hayne of St. Peter and other Romish Trinkets the Bishops who were then more Potent than the Temporal Barons forsook Edgar Atheling their Native Prince and the unquestionable Lawful Successor and betrai'd the Land to a Foreigner though he after served them in their kind and left not a man of them to sit in their Sees Henry the First after the Death of his Queen Matilda Married Adeliza the Daughter of Godfry Duke of Lorrain when she was to be Crowned Ralph Arch-Bishop of Canterbury who was appointed to Crown her first came to King Henry sitting Crowned in his Chair of State asking him Who had set the Crown on his head The King Answer'd He had now forgotten 't was so long since Well said the Arch-Bishop whosoever did it he did me wrong to whom it belonged and as long as you had it thus I will do no Office at this Coronation Then said the King do what you think good Whereupon the Arch-Bishop took off the Crown from the Kings Head and after at the People's intreaty set it on again and so proceeded to Crown the Queen It was a sufficient favour that the King appointed him to Crown his Queen and whosoever Crowned himself it was fit the King should have his own choice if done by a Bishop who should do it But the Arch-Bishop will have the Power of a Pope or none to put on and take off the Crown from a King at his pleasure so that unless well paid if he please the King shall not be Crown'd And all this Imperious Pride pâ—oceeds from his Imaginary Power of Excommunication and the Profuse Bounty of Kings towards Bishops which doth not oblige but disoblige and cause them to despise their Benefactors who have Raised them to Revenues equal or Superior to their ownâ— Of which a notable Example appears in Hubert another Arch-Bishop of Canterbury Anno Domini 1021. The Feast of the Nativity approaching King John and his Queen appointed to keep that Festival with great Magnificence at Guilford Hubert Arch-Bishop of Canterbury being in disfavour of the King to shew how little he regarded it and to put an Affront on him Published he would keep a Châ—istmas of as great Magnificence as the King and accordingly performed it in his own Palace with that Splendor and Multitude of Attendants Richness of Banquets Pageantry Costly Attires and Gifts at Canterbury as the King could not exceed him at Guilford Matth. Par. in Antiq. Eccl Angl. in vita Huberti Which very much Incensed the King to see himself purposely outbraved by a Priest Anno 1473. Edward the Fourth Seised on the Mitre of George Nevil Arch-Bishop of York which was so Rich with Gold and Pretious Stones that the King of the same made himself a Crown and likewise he Seised on Twenty Thousand â—ounds-worth more of his Money and Goods A vast Sum in those Days Ant. Brit. Anno 1421. The King wanting Money for the French Wars pawned the Crown to the Bishop of Winchester for Twenty Thousand Pounds Ant. Brit. So we see the Bishops Head is as Richly Crowned as the Kings and when a Bishop grows so Rich a Broker besides as to take Crowns to pawn it may be then said in no Disloyal sence The Mitre is above the Crown for the Borrower is a Servant to the Lender Which Excess of Riches Insatiable Covetousness High Titles Precedency of the Temporal Barons and till the same was alter'd by Act of Parliament Precedency of the Arch-Bishop of Canterbâ—ry of the Kings Brothers themselves Elevates Prelacy to so great a height of intolerable Pride and makes them so much over-value their own Merits as 't is impossible to oblige them by Benefits Bishops perfidious to the English Kings Henry the Second Raised Becket from nothing to be Chancellor of England and after to be Arch-Bishop of Canterbury and to have the Education of his Son yet as soon as he saw himself invested with the Power of Excommunication he moved all the other Bishops being under the Oath of Canonical Obedience to him and Threatned the King that His Sword strook only with Temporal Death but that of Bishops strook the Soul with Eternal Death to Hell The difference between the King and the Bishop was the King would have it Ordained That the Clergy-men who were Malefactors should be Tri'd before the Secular Magistrate as Lay-men were this Becket Proudly opposed and said it was against the Privileges of the Church and therefore against the Honor of God and very high and hot the Contentions were about it till at last Becket condescended to assent to the Ordinance Salvo Jure Suo the King liked not the Clause as being delusive of the Ordinance at last with much ado the Arch-Bishop yields to this also and set his hand to the Ordinance and takes his Oath to observe it But going homewards his Cross bearer and some other about him blamed him for what he had done whereupon the next day when they met again he openly Repented his former Deed Retracts his Subscription and openly sent to the Pope for an Absolution of his Oath Which the Pope not only granted but incouraged him to persist in the Course he had begun The King seeing his Perjury and that there was no prevailing by fair means Seises on his Temporalities and
withal Threatens a Proceeding against his Person Becket thereupon flies the Realm and appeals to the Pope and procures an Excommunication from the Pope of such Bishops as kept not their Oath of Canonical Obedience to him who was their Arch-Bishop The King of France Intercedes for Becket and the Pope Threatned Excommunication against the King himself if he Restored him not The King out of a Superstitious Fear of his Excommunication as appears by his Receiving afterward the Servile Penance imposed on him for Becket's death Restores Becket again to his See of Canterbury whither again arrived he continued notwithstanding the favour of the Kings Restauration as bad as before in Prosecuting his Excommunications he had got at Rome against such Bishops as sided with the King of which when the Excommunicated Bishops complained to the King and moved thereby his Passion He cried out Shall I never be quiet for this Priest if I had any about me that lov'd me they would find some way or other to Rid me of this trouble Whereupon Four Knights standing by took their Journey to find the Arch-Bishop whom they found at Church on the steps where they strook him on the Head with their Swords and killed him which though in the manner of doing it was no way Justifiable being without lawful Hearing and Trial Yet 't is very manifest that the Arch-Bishop by the Common Law it self without the trouble of an Attainder by Parliament might have been proceeded against Legally by Indictment of High-Treason and he was manifestly Guilty for it was by the Common Law High-Treason to appeal to a Foreign Prince And likewise for any Subject to bring an Excommunication from Rome against another Subject without the Kings Assent was Treason for this was the ready way to give the Pope Power to Raise Rebellions against the King when he pleased Bishops Traitors to King John The Bishops in the time of King John Conspired with the Pope and the French and the Temporal Barons and the Pope laid an Interdiction or Excommunication on the Kingdom for Six Years Three Months and Fourteen Days during which the Church Doors were shut up and there was neither Exercise of Religion Mass Marriage Baptism or Burial allowed in the Church or Church-Yard 'till the King would Surrender his Crown and take the Kingdom from the Pope and hold it Feudatory from him which the King was by the Treachery of his Bishops deserting him compell'd to do and accordingly he took off the Crown from his Head and laid it at the Feet of Pandulphus the Popes Legate the Pope to dispose of it how he pleased which he kept Three or Four Days from him and would not Restore again but on condition agreed That he and his Successors should hold it of the Pope and pay him for it the Yearly Tribute of a Thousand Marks which was a great Sum in those days besides all the other Tributes and Exactions which the Pope then had from the Subjects but this the King was fain to do before the Excommunication would be taken off from him and his Kingdom which being done and be perceiving himself clear from the Pope Resolved to Raise an Army and be Revenged on the French King whose Pensions had set all this on work against him and accordingly had Levied a very great Army having his Fleet all ready at Portsmouth to have Shipt them The Arch-Bishop of Canterbury thereupon told him He broke his Oath to the Pope at his Absolution if he Warr'd against the French King which in truth the Bishops had themselves by their Treason compell'd Him to To whom the King Replied in a great Passion That he would not defer the Business for his pleasure seeing Lay-Judgment belonged not to him The Arch-Bishop Threatned his Native Sovereign he would Excommunicate him unless he desisted and this was in behalf of a Foreign Prince his Enemy So far could French Pensions prevail with Prelats whereby the King to his great loss was enforced to Dissolve and Disband again his Army in the nick of Time when it was ready for Action Henry the Third the Tempest of the Barons-Wars beginning to Threaten him was asked by Robert Bacon a Frier Predicant What Sea-men feared most that they knew best themselves The Frier Replied My Lard I will tell you It is Petrae Rupes alluding to Petrus de Rupibus The name of the then Bishop of Winchester and under him meaning the whole Body of the Bishops Edward the First that wise and valiant Prince disdaining to be Priest-Ridden as his two Predecessors had been to so great danger of their Persons and Kingdoms and taught by their Experience that it was in vain to think of obliging by Benefits or Oath the Power of those who being a Body United and as it were an Army more firmly Banded under their Arch-Bishop than 't was possible to make the Lay-Nobility to be under their King he began first to Lop off from their Ecclesiastical Auxiliaries such Branches of Royal Power as he could do himself without a Parliament and Anno Reg. 6. Deprived many famous Monasteries of England of their Privileges and took from the Abbot and Covent of Westminster the Return of Writs granted them by the Charter of Henry the third And after he got to be Inacted by Parliament the Statute of Mortmaine against the so enormous Increase of their Temporal Possessions which was so detrimental to the Military Service of the Kingdom and in the Statute of Westminster 2. defalked the Jurisdiction of Bishops and Ecclesiastical Judges He left not here but growing more upon them he Required the Moiety of all their Goods as well Spiritual as Temporal for one year and I think their money and moveables could grow no more the next year which he took in one year And at the first one Sr. John Knight stands up amongst them in their assembly and said Reverend Fathers if any here will Contradict the King's Demand in this Business let him stand out in the midest of this Assembly that his person may be known and seen as one Guilty of the Breach of the King's Peace At which speech they all sate mute and though it put them into Extreme grief and perplexity they yet were fain to yield to his demand Dan. Hist Which if he had been possessed with a dastardly fear of Excommunication he had no more dared to do than his Predecessors Yet some say to be able to deal with his own Bishops he was fain to send the Pope a Furnish of gold for his Chamber to have his Connivence Edward the second Anno Regni 17 after the Overthrow he Received by the Treachery of his own in Scotland Bishops Traitors to E. 2. Caused the Bishop of Hereford to be Arrested and Accused of High treason for aiding the Kings Enemies in their Late Rebellion but he Refused to Answer being a Consecrated Bishop without leave of the Arch-Bishop of Canterbury whose Suffragan he was and who he said was
much as a Non-Communion which is far less than an Excommunication with Hereticks or unbelievers appears by his Example of Eating and Drinking with the Pharisees and his frequent Converse with all the Jewish Sects yea with Samaritans and what is more he Eat and Drank with Publicans and Sinners and taught The whole needed not the Physician but those who are Sick Bishops Murderers to deliver to the Lay-Power and how great a weakning 't is to Religion not to admit Liberty to Dissentients in Faith and Form of Worship but to persecute them with Excommunication though brevity permit me not here to speak I may on another occasion shew Waldus and Wickliff who were Protestants taught That Excommunications Suspensions and Interdicts were only inventions to maintain the Bishops Pride and Covetousness and that they were Murderers who deliver'd over to the Lay-power The same held John Hus and Jerom of Prague who were therefore Martyr'd by the Papists Luther likewise opposed Excommunication and Erastus and many other Learned men have sufficiently proved the imposture of it and that it never came from Christ but the true Original from whence it came appears in the Examples following Numa Pompilius the old Superstitious Law-giver of Rome who had his Law or he feigned from his Nymph or She-Devil Egeria first instituted his Pontifex Maximus or High-Priest which name the Pope hath since assumed to himself and gave him Power over all Sacrifices and Ceremonies to make propitious their Celestial and especially to appease the Manes and infernal Gods under whose Power they believed the Souls lay after Death and made their Superstitious Followers to believe That the Priests who were Masters of these Ceremonies could send their Souls to Heaven or Hell as they pleased according to Virgil Animas ille evocat Orco Pallentes alias sub tristia Tartara mittit He some pale Ghosts with Voice as with a Spell Call'd up and others head-long cast to Hell Supremacy got by Excommunication And by this Superstition the Pagan Priests got their Supremacy over the World by the like means did the naked Druides get Supremacy over the Gallick and British Cavalry as appears by Caes Com. de Bell. Gall. p. 157. Where he saith In omni Gallia eorum hominum qui in aliquo sunt numero atque honore genera sunt duo nam plebs pene Servorum habetur loco sed de his duobus generibus alterum est Druidum alterum Equitum Illi rebus divinis intersunt Sacrificia publica privata procurant Religiones interpretantur ad hos magnus adolescentum numerus Disciplinae causâ concurrit Magnoque ii apud eos sunt in honore nam fere de omnibus controversiis publicis privatisque constituunt si quod est admissum si caedes facta si de haereditate si de finibus controversia est iidem discernunt praemia poenaesque constituunt siquis aut privatus aut populus eorum decreto non stetit Sacrificiis interdicunt haec poena apud eos est gravissima quibus ita est interdictum ii numero impiorum sceleratorum habentur ab iis omnes decedunt aditum eorum sermonemque defugiunt ne quid ex contagione incommodi accipiant neque iis petentibus jus redditur neque honos ullus tributtur His omnibus Druidibus praeest unus qui summam apud eos Authoritatem habet hec mortuo siquis ex reliquis excellit dignitate succedet si sunt plures suffragio Druidum adlegitur nonnunquam etiam de Pontificatu Armis contendunt And after he saith Druides à bello abesse consueverunt neque tributa unà cum reliquis pendunt militiae vacationem omniumque rerum habent communitatem Here is the perfect Platform of the modern Excommunication and the Privileges claimed by Bishops and that impious Punishment Neque iis petentibus jus redditur that a Person Excommunicated right or wrong shall not be permitted to Sue for his Right though never so just and the like with the Excommunication instituted by the Beast Rev. 13.17 That no man might Buy or Sell save he that had the Mark or the name of the Beast A Satyrin Defiance of all Excommunication without a Sign of Mission from God DAmn'd Fiend of Hell who first in Earth or Skie Did'st counterfeit the Voice of the most High And both to God and Man to shew thy Hate In darkest Clouds didst dare to Fulminate Either of Ignorance or Air the Light Of humane Souls or Sun to close in Night That thy Sulphurean Sentences might blaze Like Comets and the foolish World amaze That to thy false Fires Knees and Hearts might bow And the true Fire and God they might not know Thou Druids first taught'st in our Isle to sing Dirge's to Souls which made the Woods to ring And did they thought transport them in a trice to happier Groves or to Fools Paradise This the old Britons Courage made renew And more than Woad themselves their Foes look blue Whose trembling Souls they made with Fear to groan Of Styx with Fiery Water where was none To Bless or Curse they car'd not right or wrong Thus Priests the Spoils got Soldiers a Song Who should be Arch-Priest raised Civil Wars The Forest ratled then with Armed Cars And naked Anti-Popes far off from Fights Spit Fire at one another just like Sprights Each side were Martyrs inade who dy'd of Wounds Sans nombre which did so o'restock the bounds Of the Elizian Common that they tell Souls after Death Fought who should go to Hell With this inchanted Sword more ill to do They stole or took by force the Civil too And like so many Kets in Savage State Under their Oaks of Reformation Sate And Judged all Causes and of Peace and Wars The Treasures got thus without Wounds or Scars All to their Sentence bowed as to Fate Whom they but doom'd to Excommunicate Yet they no Sign of Mission thus to do Druydes Sign of Mission Had but their Oak and on it Misleto The Druids dead they left their Furies Whip Brothers and Sisters falling first to strip And as their Worships pleas'd to Lash and Jerk First to one Pope then many in a Kirk Nobles and Poor Bare-Footed and Bare-Leg'd Stood at Church-door and for their Pardon 's Beg'd Which to be granted were so long delay'd Till Commutation-Money first was paid Unto the same they next gave by their Will Their flaming Sword to Strike Depose and Kill High Emperors and Kings and cut the bands Of Subjects Oaths and Faith at their Commands Blind Cupids Arrows first they stole of Love And after thus the Thunderbolts of Jove The Romish Bishops Sign of Mission The Romish Druids next to shew a Sign That their Infernal Mission was Divine By their Black Magick Art in time most strange The hollow Oak to holy Church did change And on the top they made the Mislet◠To turn and there into a Steeple grow And Leavs to Ropes and Berries into
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-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
both were so much concern'd and others for their own private Ambition if therefore Parliaments themselves have not or shall not sufficiently clear Ambiguities and Doubts to answer so many pretences How can it be expected that Ignorant people can clear the same upon their Oath or Conscience 3. It is permitted to Grand Juries when it doth not appear to them whether the Bill is true or false to find an Ignoramus and where the people are totally Ignorant both of the Fact and Law of Supremacy why ought they not to be allowed the same Equity according to the Truth to Answer Ignoramus 4. It is against the known Maxim That Only matters of Fact can be Testified by Witnesses and matters of Law or Right cannot be Testified but by the Law it self 8. An Usurper or Idolater may happâ—n to get the Possession of the Crown How then can a Protestant Swear to the Right of the first in Temporals or of the second in Spirituals 9. It doth not appear how a Protestant may Swear That no Foreign Prince or Person ought to have any Power Authority or Preheminence Ecclesiastical within this Realm and that he doth renounce all Foreign Power in regard it may so happen that a Protestant-Prince hath or may be born beyond Sea and be a Foreign Person and yet on failure of a Lineal Heir may happen to be the next right Heir to a Protestant King after his Decease it may seem therefore to cross Gods Providence to Swear to Renounce or Abjure all Foreign Protestant-Power as to the Succession for the Oath puts no distinction between Protestant and Papal Power but Renounces all alike if they are Foreign Persons Of the Mischiefs which ensue a false Test between Protestant and Papist 1. By the same Power is given to the Favourers of Popery to turn the Edg of all the Penal Statutes made and intended against Papists to destroy the Protestants and the Preteritions and Pardons intended the Protestants are wholly apply'd in favour of the Papist the Plagues designed against the Aegyptians are wholly let loose on the Israelites and the Passeover to which were invited the Israelites is made only a Feast for the Papist So did Bishop Bancrost in the time of Queen Elizabeth persecute all Anti-Papist-Protestants under the name of Puritans and Protected all Dominican Priests Seminaries and Papists under pretence of Opposing the Jesuits by pressing the false Tests of Recusancy to Pray in a Temple to Pray after the Common Form to Receive the Sacrament after the Common Form to take the Oath of Supremacy to use all Episcopal Ceremonies in the Worship of God and the utmost Rigor and Penalties of such Recusancy against the Anti-Papist Protestant who hath been the only Counterpoise against the Papist that he hath not over run the Land and giving Protection to Papists against the very same Tests and Penal Laws so furiously Prosecuted against the Anti-Papist Protestant So did the subtle Gundamore give a new Whet to the High-Commission-Court and turn'd the Edg of the same Originally intended against the Papists to be against the Anti-Papist Protestant And since Bishops have been discharged of that Commission yet the same Course of Bancrofts and Gundamores hath been still continued against the Anti-Papist-Protestants as then under the name of Puritans so since under the name of Fanaticks such Protestants have had the Penalties of Recusancy laid on them when Papists have Compounded for Trifles or been absolutely Pardon'd such Protestants have had the Oath of Supremacy forced on them against their Conscience when Papists have neither had Supremacy nor Allegiance required of them nor their Consciences troubled but have remained absolutely unsworn from so much as any Oath of Fidelity unless to Foreign Princes such Protestants have had their Houses utterly Disarmed and not so much left as sufficient to keep out a Thief when Papists have had their Houses full of Arms and not so much as searched such Protestant's Children have been by the Usurped Power of Bishops Certificates made Bastards because not Married with the Ceremonies of the Book of Common Prayer and this they have done by pretence of the Canon of the Council of Trent a Foreign Jurisdiction long since abolish'd by Act of Parliament but such Bishops have never troubled Papist's Marriages made by Priests or Jesuits with Romish Ceremony nor Null'd them or Bastardized their Children such Protestants have been Excommunicated Cursed and given to Satan when a Dog hath not dared against Papists to move his Tongue such Protestants have been Confiscated and cast into Prison when Papists have Triumphed in Liberty and Propriety 2. Many Able Loyal Zealous Protestant-Ministers are hereby Excluded from Preaching and Teaching the Gospel 3. Many able Loyal and Useful Instruments both in Civil and Military Offices who are Protestants are Excluded and the King and Parliament deprived of their Service 4. The Offices and Arms of the Three Kingdoms are ingross'd into the hands of Persons Recommended by Papists An Essay of the Form of a Test whereat it seems no Protestant can scruple I A. B. do utterly Testifie and Declare in my Conscience and in the presence of God and do believe that the Pope or Bishop of Rome or any Bishop on Earth is not the Head of the Catholick Church nor of any National Church of England Scotland or Ireland and that they are not Infallible and that all such Popes and Bishops as pretend to Supremacy either Spiritual or Temporal or Infallibility without a Sign of Mission from God are Hereticks I believe that the Host Consecrated Crucifixes Images Idols Reliques of Saints or Saints themselves ought not to be Worshipt or Prayed to in Publick or Private and that the Mass is Idolatry I believe neither Popes nor Bishops have any Power or Mission from God to Exact Auricular Confession or to Impose Penance or to give Absolution Indulgence or Pardon of Sin or to Redeem from Purgatory or to give or sell Heaven or Paradise or any Place in the same or to Excommunicate Curse or Deliver to Satan And I do therefore utterly Abjure and Renounce all Absolutions Indulgences Pardons of Sins and Redemptions from Purgatory given or to be given by any such said Popes or Bishops or any deriving Authority from them and defie all their Excommunications And I do Promise and Swear to be True and Faithful to our Sovereign Lord the King his Heirs and lawful Successors So help me God Whether any Test of the Conscience ought to be Penal either to Protestant or Papist It seems not 1. Because to Plant Religion by Penalty is to Plant it by the Sword whereof Christ gave neither Precept nor Example but rather a Prohibition Implicit in his Express Command to Peter Matth. 26.52 Then said Jesus unto him Put up again thy Sword into his place for all they that take the Sword shall perish with the Sword Which though it prohibit not lawful Defence to those who have the Power of the Sword which Peter had
the King Then they carried him Forth out of the City and stoned him with stones that he Died. Whence is to be Noted 1. That the Whore of Babylon imitates Jezabel in sending Letters in the Kings name for so are all Excommunicato Capiendo's and Haeretico Comburendo's in the name of the King in whose Dominions they are Granted and Sealed with his Seal 2. Jezabel pretended Religion Proclaimed a Fast and accused of Blasphemy so do the Ministers of the Whore pretend Religion wholly and solely in those Writs 3. In this they are worse than Jezabel for she accused only of Blasphemy which is an External Act and if there had been any such thing it had been possible to have been witnessed but these punish and destroy for Internal Thoughts and Conscience 4. Jezabel accused of Actual Blasphemy against God which is Malum in se and against the Moral Law and though Ahab and she were both Idolaters yet did not accuse Naboth That he was a Recusant or Non-Conformist to come to the Temple of their Idol or to join in their Common-Prayer before it or would not bow to their Altar or observe their Ceremonies nor do we find amongst all the Idolatries amongst the Israelites that any was compell'd by Force to Worship them neither could there have been Seven Thousand who had not bowed the Knee to Baal had there been Penal Statutes against Recusancy or Non-Conformity but the now Masters of Ceremonies are worse than Jezabel who destroy men unless they will break the Moral Law bow to Idols and Altars and obey the Ceremonial Law of men above the Moral Law of God 8. That the sole end of Compulsion to Forms of Worship or Confession of Faith is to get Money and not the Glory of God Take these farther Examples in the Primitive times Anno 346. Eustathius Bishop of Sebastia a man of great reputed Integrity and strictness of Life being a Dissentient from the common practice of other Bishops absented himself from the Publick Conventions where things were practised against his Conscience and kept Meetings in Private Houses Preacht and Administred the Sacrament not in the places and manner appointed by the other Bishops Cannons they seeing their Gainful Canons and Orders like to be laid aside Conspired together at the Council of Gangra and Antioch making severe Canons of their own and likewise pretending Apostolical Canons against all Bishops or Presbyters for so were they called which should be Non-Conformists that they should be Excommunicated and Deposed not regarding though to Acts against their Consciences and not Commanded by the Moral Law of God but though this Corruption crept in even in the Primitive times amongst those who called themselves Christians and the misery of Iniquity did then begin to work 2 Thes 2.7 And there were then many Anti-Christs 1 John 2.18 Yet no Example or Precept could they pretend from Christ or his Apostles for these Anti-Christian and Anti-Apostolical Canons Coin'd to get Money and Compulsory to Consciences either to destroy themselves by Acting contrary to their own Light or openly to accuse themselves to be destroyed by others where did Christ who abolished all Ceremonials and Declared the Worship of God to be in Spirit and Truth make so much as one Canon against Recusancy to Pray in Temples or Non-Conformity to Prayer in Forms Where did Christ or his Apostles make one Law or Canon Compulsory to the Conscience in Form of Worship or with the Penalties of Confiscation or Excommunication hanging at the tail of it where did they ever make so much as one such Canon of Marriage the matter now in Controversie or where did Christ or any Apostle of Christ so much as Marry one Couple or give Authority to any Priest to do it or to receives Fees for the doing who would never make Canons to compell the Conscience to that or any thing else were it not to get Money Cyrillus who passes for a Father of the Church getting to be Bishop of Alexandria Anno Dom. 4.18 turn'd out all the Novatians out of their Churches there they being Non-Conformists to his and the chief matter objected against them was They were against Bishops which might have satisfied a Successor of Christ who pretended only to lay up Treasure in Heaven where neither Moth nor Rust doth Corrupt but he Rifled all the Treasure from those Churches and from their Bishop or Presbyter all the Substance he had and like a new Broom swept all clean into his own Coffers Socrat. lib. 7. cap. 7. How far different from the Example of Christ who though he whipt the Buyers and Sellers out of the Temple and overthrew the Tables of the Money-Changers took not one Penny of the Money but Bishop Cyrill aim'd at the Monopoly of the Trade to himself here on Earth and left the Treasure in Heaven to Christ Theodosius Bishop of Synada a City in Phrygia was a great Scourge to Non-Conformists whom he called Hereticks but he persecuted them not out of Zeal but Covetousness to wring Money from them wherefore to that end there was no Device but he practised and to afflict them the more he put them in Fetters to hold up their hands at the Bar Socrat. lib. 7. cap. 3. But while Theodosius went to Constantinople to obtain greater Power yet to Squeez Dissentients and Non-Conformists and particularly those who were against the Faith of one Substance and had above all other Persecuted Agapetus a Bishop of a contrary Faith Agapetus in his absence to gain his Enemies Bishoprick from him turn'd to be of the same Faith with his Enemy and acknowledged one Substance of the Father and Son and who before was an Homoiousiast became now an Homousiast and obtain'd thereby the Government of the Diocess Churches and City of Synada shortly after Theodosius return'd home from Constantinople to Synada and brought with him the Authority from the Lieutenant whereof he bragged not a little that he had enough to Pepper the men to the purpose who were not of one Substance with him and being Ignorant of all the things which were done in his Absence he straight way went to the Church where he found but small welcome for the Doors were made fast against him and after he knew their Dealing again he posteth to Constantinople there he bewail'd his State to Atticus the Bishop and open'd unto him That he was Injuriously Thrust from his Bishoprick Atticus apprehending that all fell out for the Profit of the Church of God endeavour'd to pacifie him with mild and courteous Language Exhorting him to embrace a quiet Life void of Trouble and Molestation and not to prefer his own Gain and private Lucre above the Publick Profit and Peace of the Church and thereon writ to Agapetus willing him to enjoy the Bishoprick and not to fear at all the Displeasure of Theodosius Id ib. By which appears though Bishops call themselves Angels and Messengers of God yet are they not like them of whom it is said