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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49780 Marriage by the morall law of God vindicated against all ceremonial laws of popes and bishops destructive to filiation aliment and succession and the government of familyes and kingdoms Lawrence, William, 1613 or 14-1681 or 2. 1680 (1680) Wing L690; ESTC R7113 397,315 448

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Language of the Beast into Great Britain and Ireland to infect with the same Plague all Judicatures of these Noble Kingdoms vid. How Satisdation before Judgment came in the Authorities cited Calv. Lex tit vocare They Pledg before Summons Summon before Copy Copy before Oath Punish before Contumacy Judg before Hearing or Probation and Arrest before Judgment It cannot be here objected That I proceed partially against Ecclesiastical Judges seeing the Temporal are here equally Taxed with the same Errors and I contend with the Vices and not with the Persons of either Yet so much I may affirm for Truth and shall after prove against Ecclesiastical Judges that the Papal and Episcopal Forms of Preposteration of Execution before Judgment by beginning the Original Process with Attachments Distresses Exactions of Pledges Bail Mainprize Penalties Forfeitures Confiscations Arrests and Imprisonments before a Coppy of the Declaration given and before Oath of Calumny Hearing Probation or Judgment and Outlawries and Excommunicato Capiendos both before and after Judgment were Originally brought both in the Ecclesiastical and Temporal Courts of the Kingdom of Great Britain and Ireland by Romish Bishops and Priests and Parliaments in time of Popery have been so far deceived by them to confirm their Superstitious Formularies in the Temporal Courts in so high a degree as now the Temporal Judges are not able to Reform without the Assistance of an Act of Parliament But I shall first prove that the said Forms are contrary to the Scriptures and Anti-Christian The Texts of Scripture follow Job 24.3 They drive away the Ass of the Fatherless and take the Widows Ox for a Pledg Verse 9. They pluck the Fatherless from the breast and take a. Pledg of the Poor Ezek. 18.7 And hath not Oppressed any but Restored to the Debtour his Pledg Ezek. 33.15 If the Wicked restore the Pledg give again that be had Robbed Amos 2.8 And they lay themselves down upon Cloaths laid to Pledg Psal 37.21 The Wicked borroweth and payeth not again Matth. 5.25 Agree with thine Adversary quickly while thou art in the may with him lest at any time the Adversary deliver thee to the Judg and the Judg deliver thee to the Officer and thou be cast into Prison Verily I say unto thee Thou shalt by no means come out thence till thou hast paid the uttermost Farthing Matth. 18.15 If thy Brother tresp●ss against thee go and tell him his fault between thee and him alone if he shall hear thee thou hast gained thy Brother But if he will not hear thee then take with thee one or two that in the Mouth of two or three Witnesses every word may be established And if he shall neglect to hear them tell it unto the Church but if he neglect to hear the Church let him be to thee as an Heathen man and a Publican After the Servant who had been forgiven by his Lord Ten Thousand Talents Verse 28 Went out and found one of his fellow-servants which ought him an Hundred Pence and he laid hands on him and took him by the Throat saying Pay me that thou owest And his fellow-servant fell down at his feet and besought him saying Have patience with me and I will pay thee all And he would not but went and cast him into Prison till be should pay the Debt Verse 32. Then his Lord after that he had called him said unto him O thou wicked Servant I forgave thee all that Debt because thou desiredst me Shouldest not thou also have had compassion on thy fellow-servant even as I had pity on thee And his Lord was wroth and delivered him to the Tormenters till he should pay all that was due unto him As to Criminal Proceeding the Texts are 1 Tim. 5.19 Against an Elder receive not an Accusation unless under two or three Witnesses Numb 35.30 Whoso killeth any Person the Murderer shall be put to death by the mouth of Witnesses but one Witness shall not Testisie against any Person to cause him to die Moreover ye shall take no satisfaction for the life of a Murderer which is guilty of death but he shall be surely put to death Deuter. 17.8 If there arise a matter too hard for thee in Judgment between Blood and Blood between Plea and Plea and between Stroke and Stroke being matters of Controversie within thy Gates then shalt thou arise and get thee up into the place which the Lord thy God shall chuse And thou shalt come unto the Priests the Levites and unto the Judg that shall be in those days and enquire and they shall shew thee the Sentence of Judgment From all which may be infer'd 1. That no man ought to be Summon'd before a Judg till a Copy of the Plaintiffs Declaration be first given him For Christ saith If thy Brother Trespass against thee go and tell him his Fault between thee and him alone which is fully performed by giving him a Copy of the Declaration or Bill of Complaint and without it the same cannot be done nor the full State of the Case be Represented to him nor he take time of deliberation for an Answer And from this Precept of Christ will follow first the Ordaining of Editio vocatio in jus simul ex continenti by the Popish Theodor an Bishops in the Civil Law is a corruption and destroying of the Excellent Law of the Twelve Tables Si in jus voces atque eat which is already proved to have implied a Preceding Oblatio Libelli and was the clear Law of Nature and immutable in all Civil Actions 2. That the Law of Scotland of including the Libel in the Summons though it far excel our Summons by Writs yet it is not so perfect as the Precepts of Christ to make the Oblatio Libelli or to give the Copy of the Declaration to the Defendant before Summons for first he must be forced to send many times Hundreds of Miles to a Judg to get a Summons before the Return of which all the business if there is no Contumacy may be far better agreed and ended between him and his Brother at home Secondly If there is no Contumacy as there can be none before a Copy of the Declaration delivered by which the Demand is made it is unjust to lay such a Punishment on a Defendant to run Hundreds of Miles to his great Cost and Trouble in England to appear before a Judg at Westminster and when he comes there no Bill in Chancery nor any Declaration at Common Law is put against him And in Scotland to appear at Edenburgh at a longer day when he was ready and tender'd to satisfie his Brother at home in a shorter and he refused only to put him to Charge and Vexation Thirdly It is unreasonable and unjust that the Plaintiff should be compell'd to send so far for such a Trivial Formality as the hand of a Judg to his Libell'd Summons or to expect no Judicial assistance from it if he gratis make Oblatio Libelli as