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-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
though he was Lord Chief Justice of the Kings-Bench for he saith 4. part 76. In former times some ill disposed Clerks of the Kings-Bench because they could have no Original returned out of Chancery for Debt in that Court they would Sue out an Original Action of Trespass a meer feigned Action returnable in this Court and so proceed to Exigent and when the Defendant appeared the Plaintiff would waive all the former Proceeding and file a Bill against the Defendant for Debt which he saith deserveth severe Punishment according to the Statute of Westm 1. cap. 29. If the Kings-Bench therefore ought not to entertain the Fiction of a Trespass from the Chancery to hook in the Jurisdiction of Debt with it but the Practice ought to be severely punish'd why doth that Court allow it self the Fiction of a Trespass in a Latitat to hook in the Ac etiam Jurisdiction of Debt and not severely punish the same Acts of Parliament eluded by Fictions according to the Censure of their own late famous Chief Justice Coke in a stronger Case when the Fiction comes from the Chancellor under the great Seal it self Or why should a Chief Justice be suffer'd to elude Magna Charta the Petition of Right and all other Fundamental Laws of Liberty and Propriety and starve and rot the Poor Subjects in Prisons on meer Fictions of Latitats more than a Chancellor ought to be when he pleaseth by the Fictions of his Commissions of Rebellion seeing both Latitats and Commissions of Rebellion are both point blank contrary to the Fundamental Laws of Liberty and Propriety Fictions of Summons served Then the Original Summons in the Common-pleas which should by Law issue before the Capias and Outlawry is usually by Fiction of the Clerks taken out as of a former Term and Antedated the Sheriffs Returns upon them forged the Returns of the Exigend and Proclamations forged the Outlawry forged Crimes in Clerks and Attornies which if a Law were published for it deserves death So a Clerk will Outlaw any man in an hour as well as a Twelve-month and this he doth by Fiction and as he calls it of Course and all those Acts of Parliament which have been made or will be made against the secret Stealing out of Outlawries are to no purpose and every Clerk derides and eludes them by Fictions of Course and will do unless all Fictions in all Actions and all Outlawries in Civil Actions are clean taken away root and branch Fictions in Trespass Then for the Action of Trespass 't is full of Fictions it makes a Clausum fregit where there is neither Hedg nor Ditch nor other Inclosure my Lord Coke indeed says There is one in the Eye of the Law but I am sure there is none in the Eye of the Gospâ—â—â— then there is a Fiction of a Vi Armis in the Trespass though a Woman or a Child or a Sheep or a Lamb do it Then a Fiction is made of a Continuando of the Trespass when the Trespasses were all severally committed with intervals between each Trespass then because the Writ-maker will be sure to run as far beyond the Truth as he can he will conclude with the Fiction of Alia enormia ei intulit though the Lamb did nothing there but what was scarce enough to make it a Trespass Fictions of Transitory Actions Fictions in Trovers cat some of the Grass Transitory Actions are Fictions and great Abuses A Trover is properly an Action of the Case which a man may have against another for Finding and detaining from him of his Goods so found as for his Hawk reclaimed with her Bells for his Gold-chain Purse of Money Box of Writings lost and found by another and the Declaration is Bona praedicta casualiter amisit Quae quidem bona Catalla ad manus possessionem praed ' A devenissent yet do they use to bring this Action where there was never any casual loss of the Goods nor finding of them by the Defendant as an Action of Trover may be brought by the Master for Money which a Servant sent with Corn to Sell for him received on Sale of the Corn M. 40 41. Eliz. B. R. Holiday Higs yet here is neither casual losing or finding of the Corn or Money And it may be brought for Twenty Pooks of Corn Tr. 38. Eliz C. B. Price versus Sir Walter Sands yet such Goods standing after Reaping in the same Field where they grew cannot be said to be lost when they are taken away nor found by the Trespassor who took them any more than if he had taken them before Reaping so a Trover is brought for an Hundred Load of Wood and Forty Beech-Trees No. lib. intra 41. S. 33. which quantity cannot be said to be casually lost so they use to bring Trovers for a Cow or an Horse not found but bought bona fide not knowing any other owner but the possessor who sold them and likewise on Goods lent by one to another for which Goods the proper Action is a Detinue but they turn the true Action of Detinue into the false of a Trover for these two Reasons one to deprive a Third Person injustly of his lawful Garnishment and Right of Interpleder the other in this to do what they use to do in the rest that is to say Fictions make Judicial Proceeding unintelligible Fictions in Ejectments to make Judicial Proceedings Nonsense and unintelligible that in so dark a Mist of Ignorance on the People they may judg what they please unperceived and this they may do with greater security than Latine for Latine is intelligible to some but Fictions and Nonsense to none and all this is caused by neglecting the Oath of Calumny The General Trial of Titles by Lease of Ejectment is likewise by Fictions in the Verge Coke says 2. part 548. there can be no Suit except one Party at least be of the Kings House yet Suits are there though all Parties are strangers which must be by Fictions An Obligation made beyond Sea cannot be Sued in England as saith Perk. 25. 95. France by Fiction brought into England Bro. Obligation 70. Dr. Stud. 63. but Coke Com. 261. b. g. saith It may be alledged to be made in quodam loco vocat ' Burdeaux in France in Islington in the County of Middlesex and there it shall be Tried So though in matter of Life of highest concernment in High-Treason by adhering to the Kings Enemies beyond Sea it is certain saith Coke such adherency without the Realm must be alledged within the Realm Coke Com. 261. And before the Statutes of 33. and 35. H. 8. c. they used to alledg Treasons committed beyond Sea to be committed within the Counties in England where the Lands forfeited lay though it was done on Oath ib. Stamf. 90. but this was in time of Popery when they could easily dispense with Oaths and take away not only mens Estates but
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
henceforth all Iustices of or in the Courts where any Plea is or shall be depending taken or moved in which Pleas so depending taken or moved Bastarvy shall be alledged against any person party to the same Plea and thereupon an Issue joyned which by the Law ought to be certified by the ordinary that the Iudges or one Iudge of or in the Courts where the said Plea is or shall be depending taken or moved before the time that any Writ of Certificate pass out of the same Court to the Ordinary to certifie upon the Issue so joyned or to be Ioyned shall make a Remembrance under their Seals or his Seal at the suit of the Demandant or Tenant Plaintiff or Defendant in the Plea in which the Bastardy is or shall be alledged reciting the Issue that is joyned in the same Plea of Bastardy and certifying to the Chancellor of the King of England for the time being to the intent that thereupon Proclamation be made in the said Chancery by threé Months once in every Month that all persons pretending any interest to object against the parties which pretendeth himself to be Mulier that they sue to the ordinary to whom the Writ of Certificate is or shall be directed to make their allegations and objections against the party which pretendeth him to be Mulier as the Law of the Holy Church requireth And the said Chancellor having notice of the said Remembrance and Issue joyned and being required by the said Demandant or Tenant Plaintiff or Defendant having the said Remembrance to make the said Proclamation as aforesaid The same Chancellor for the time being shall cause to be made Proclamation in the form aforesaid And the Proclamation so made shall certifie in the Court where the said Plea in which the Bastardy is alledged another time shall be depending And that the Iudges of or in the Court where the same Plea is or shall be depending taken or moved before any Proclamation so to be made in the Chancery make one time such Proclamation openly in the same Court and also another time when the Proclamatâ—on shall be certified by the Chancellor of England and made in the form above rehearsed then the said Iudge shall award the said Writ of Certificate to the Ordinary to certifie upon Issue so joyned or to be joyned and if any Writ of Certificate be made or granted before that all the Proclamations in the form aforesaid be made and certified that then the said Writ of Certificate and the Certificate of the Ordinary thereupon made or to be made shall be void in Law and of none effect And if any Writ before this time be directed to any Ordinary to certifie if the said Eleanor Wife of James be Bastard or not and at this time not certified if it be certified hereafter by virtue of the said Writ that the same Certificate of the said Ordinary so made be void and of none effect Rast pla fo 29.105.261.280.577.609 That one Circuit of Action is too much is well known where 't is unnecessary as on penal Bonds sued at Common Law the party injuried is repell'd from any Plea of Equity either that he paid the Money and the Creditor refuses to deliver up his Bond or to give him an acquittance or that he received an acquittance but it was since burnt by fire or he hath since by any other casualty lost it and forces him to a costly tedious and sometimes inextricable Suit for releif in the Chancery whereby the remedy unless for a very great Sum becomes worse then the disease All which Pleas of Equity and others of the like nature might have been far better determin'd in the same Court of Common-Law as is excellently well done in Scotland by admitting those Pleas of Equity in the same Court and on proof of them restricting the Penalty of the Bond to principal Interest Cost and Damage But here the Birth-right of the Subject wherein not only all his Bonds but Lands and Goods are concern'd is put to a tedious Circuit in the Chancery of Suite and Proclamations and after that again to another Circuit of Action in the Spiritual Court and then again to a third Circuit to Common-Law of Prohibitions and then again to a fourth Circuit back to the Spiritual Court by a Consultation Circuits enough to tire any horse much more any honest man yet shall he never come to the end of his journey at last or if he do he shall be rob'd with Theives and as this Statute mentions if true men fail false Witnesses shall be suborn'd against him which if he had staid in one Court and rid no Circuit at all but the matter had been there tried by Twelve good men and true at a Nisi Prius in his own Country none of these Theives or false Witnesses would have dared to appear as they presume to do in so great a Forest as London in the Chancery Ecclesiastical Courts Affidavits and Examiners Officers there aâ—terrible oppression of the Subjects or if they did they would be easily taken or discover'd There are four mischiefs appear in this Statute caused by Ecclesiastical Laws 1. Circuit of Action 2. Endless delay and costs 3. Subornation and perjury of Witnesses 4. Interfering of Jurisdictions One in ordine ad Spiritualia the other in ordine ad Temporalia one in ordine ad naturalem Equitatem the other in ordine ad Legem communem and as to the same certâ—inly a greater Calamity cannot fall on the miserable Client then to be made a Borderer between two Enemies-Countries an Hare between two Dogs a Mouse between two Cats and a Corne between two Milstones Priesthood changed changeth the Law It is said Heb. 7.12 The Priesthood being changed there is of necessity a change also of the Law Either therefore the Papists Preisthood is not intended to be changed into a Protestant-Priesthood but the whole Papal power translated in time of Popery by the 25. H. 8.21 from Rome to Lambeth must so stand for ever or if it be intended this Papal-Priesthood shall be changed into a Protestant 't is not the changing the Person from Italian to English or the place from Tyber to Thames will do it but 't is the changing of the Laws from Papal to Protestant for Papal Laws and a Protestant Priesthood are no more consistent then Fire and Water Many more great exceptions there are against Ecclesiastical Laws which my great hast forceth me to pretermit CHAP. VI. Marriage Filiation Aliment and Succession not to be judged by such Laws of England Scotland or Ireland as are Reliques of Popery and contrary to the Law of God Of the Law making Marriage a Sacrament Of the profound Popery of the common Lawyers of Transubstantiation of two persons into one person and the mischeifs thereof A Note taken at Kings-Bench of the miraculous Transubstantiation of a Shoulder of Mutton between a Man and Woman Of the Law of Transubstantiation of the Children of the Wife
The word Assigns gave power to cut off Fee-simple Intails were afterwards made to him his Heirs and Assigns and the word Assigns added in favour of the true and natural Children which word Assigns gave the Lay-men power of cutting off the Fee-simple Intails being the cheat imposed on them by the Popish Priest and to Assign Dispose and Alien the same as well Extra familiam as Intra which it seems before without the word Assigns they could not do But it was not long after when the subtle Popish Priest who knew he could Reign not but by the Woman got a Latin Statute to be made Westminster 2 cap. 1. whereby he struck out the word Assigns and took clean away the power of Men to Assign Alien and Dispose of their own Lands and whereas the Intail of Fee-simple was only implicit he then by express words Intails it to Heirs begotten of the Body of the Woman whereby the adulterous might succeed as well as and before the Lawful if they came first which Intails likewise were after carried into Scotland for so says Craig Feud fo 70. Ab Anglis ad nos defluxisse puto And fo 59. he saith Neque enim tale Feudum ad collaterales extenditur inâ—ò quod majus est si Maevio Semproniae conjugibus concedatur Feudum baredibus inter ipsos procreandis nulli ex eo matrimonio supersint Et Maevius ex alia conjuge liberos susceperit hi in feudo non succedant Intails a Skreen to Adulteries This digression hath been made to shew that the Original of Intails to more Bodies than one on marriage came from the old Pagan Priests and now revived by Popes to be a skreen to Adulteries and Adulterous Successions and thereby their power over the Women without which no Sacerdotal Empire can subsist I shall now proceed to shew the other mischiefs insuing from Intails besides the Patronage of Adulteries Intails destroy Patriarchy and introduce Hierarchy Gynarchy Paedarchy First therefore Intails on Marriages destroy Patriarchy and introduce into Families Hierarchy Gynarchy and Paedarchy That Patriarchy was the first form of Government instituted in Families by God and Nature I think none will contend the Ancient Writers and Poets are full of it especially in their Celebrations of the Primaevous happiness of the Golden Age and old Homer begins Nec fora consiliis fervent nec judice tantum Antra colunt umbrosa altis in montibus Aedes Quisque suas regit uxorem Natosque Courts grew not hot with Judge or Lawyer then But each Man without strife In Mountain high rul'd or in shady Den His Children House and Wife Here Patriarchy was in its Throne and the Moon and Stars all bowed to the Sun till the Priests of Priapus and Venus as before touched and for the fore-mentioned ends of satisfying their own Lust Covetousness and Ambition first prohibited all Marriage except by a Priest in a Temple then Intailing all Estates to the Heirs Lawfully begotten of the Body of the Woman married by the Priest and the Priest to be Judge both of the marriage and the Lawful begetting by this the Priest introduced Hierarchy and got a greater Dominion over the Woman and the Children than the Husband or Father for he was not to be judge whether the Wife or Children were his but the Priest and now the Bishop by his Certificate and likewise hereby the Priest became Judge of the Alimony and Maintenance and gave what he pleased to the Wife and her Children in regard the Father had no power of Alienation by reason of the Pontificial Intail to the Heirs of the Woman and thereby the Hierarchy of the Priest the Gynarchy of the Wife and Paedarchy of the Sons necessarily arising from such principles turned the poor Patriarch out of Doors and took his Goods when and as they pleased Intails dâ—â—fraud civil and natural Debts 2. The Intail deprives the Father of power to provide for his younger Children but after his death the Sons are thereby left desperate and betake themselves to the High-way and the Daughters to be prostitutes to the dishonour and destruction of themselves and Families 3. Intails as they defraud the Children of the natural debts of Aliment due from their Parents so they defraud Creditors of the valuable debts due to them from their Debtors 4. They put the Subjects to infinite trouble vexations and charges for Fines Recoveries Licenses of Alienation to cut them off Bills of Discoveries and hazard and danger they being many times erroneous and the Intails secret and thereby not only all the cost and labour lost but likewise the whole Purchase-money disbursed bona fide by a Lawful Purchasor Intails cause the abuse of private Acts of Parliament 5. They are the chief occasions pretended of private Acts of Parliament whereby contrary to all justice the Lawful rights of Persons and Families are taken from them and they undone without Summons or Hearing or notice to make their claims whereas by the just and honourable practice of the Kingdom of Scotland they use to make Subsequent Acts of Salvo jure cujuslibet whereby the rights of all Persons are preserved and restored Acts of Salvo jure cujuslibet in Scotland against all private Acts precedent as appears by the Acts of Parliament Car. 1. p. 1. Act 31. p. 2. Act 70. p. 3. Act 42. Car. 2. p. 2. Act 29. 2 Sess Car. 2. p. 2. Act 52. Sess 3. Car. 2. Act 30. c. 6. To mention a word more how much the taking away of the Father's power of free disposing and Alienation of their Estates by Intails or any other irrevocable settlements on Children brings into Families the unexperienced Pride of Paedarchy whereby Children undo both their Parents and themselves by depriving of their Parents of the means of their Education in the true Religion and in Lawful Callings and Professions the Parents having no other Bridle on them to restrain them from vicious courses but to give them hopes and fears of increasing or lessening their Portions according to their demerits may appear Bodin 25. where he saith It was obtained of Constantine that the propriety of the Mother's Inheritance should be in the Children and the Father should have only the usu-fruct This was fair that the Inheritance which came by the Mother the Father should not have power to Alien from her Children But after it was obtained of Theodosius the younger That the propriety of all manner of Goods in general however they came by them should be to the Sons the use only to the Fathers so that they could not any-wise Alienate the propriety Children command Parents by Intails nor dispose thereof though for the benefit of their Children yea with us he saith not so much as the bare use of such Goods is left to the Father which hath so puffed up the hearts of Children as that they oftentimes command their Parents by necessity
Eliz Stowell quatenus de factor fuerunt ad invicem matrimonio ut predicitur copulat ' ab invicem Separand ' divorciand ' fore debere pronunciamus decernimus declaramus Eosque Separamus Divorciamus eisdemque Christopher ' Eliz. licentiam Libertatem ad alia vota convolanda concedimus tribuimus impertimur per hanc Sententiam nostram definitivam sive hoc finale nostrum decretum quam sive quod ferimus promulgamus in hiis Scriptis c. And after the Divorce the said Christopher Kenne Espous'd and took to Wife Elizabeth Beckwith And after Anno 5th Eliz. before certain Commissioners Ecclesiastical the said Elizabeth Beckwith Libelled against the said Christopher Kenne That before the Marriage between them contracted he had Married with Elizabeth Stowell on which process was awarded against Elizabeth Stowell pro interesse And upon due examination of the Cause it was Sentenced That the Marriage between the said Christopher Kenne and Elizabeth Beckwith was lawful and Sentenced them ad Exequenda Conjugalta obsequia c. And that the said Christopher Kenne was never lawfully Espoused unto the said Elizabeth Stowell and after the said Elizabeth Beckwith died after whose death the said Christopher took to Wife the said Florence by whom he had Issue one Daughter and called Elizabeth and died And Anno 36th Eliz. it was found by Office in the County of Sommerset by Force of a Mandamus after the death of the said Christopher Kenne that the said Elizabeth Kenne was his Daughter and Heir who was within Age Viz. of the Age of Ten Months The Queen granted her Wardship to Sir Nicholas Stallenge and the said Florence then his Wife on which the said Martha alledged her self to be Daughter and Heir to the said Christopher Kenne and with her Husband Silvester Williams Exhibited their Bill in the Court of Wards against the said Sir Nicholas and Florence alledging That the said Martha was Daughter and Heir of the Body of the said Elizabeth Stowell his lawful Wife and that they the said Christopher and Elizabeth Stowell at the time of their Marriage in Anno 37. H. 8. were both of them above the Age of Consent and that they Cohabited together Nine or Ten Years before the said supposed Divorce during which Cohabitation the said Martha was procreate between them and therefore pray they may have License to Traverse the said Office To which Bill the said Nicholas and Florence put in their answer and the Plaintiff examined divers Witnesses and before Publication Sir Nicholas dies and thereupon the said Silvester and Martha exhibited a Bill of Reviver against the said Florence and after Martha having Issue Elizabeth the Wife of the now Pl. died after whose death the said Thomas Robertson and Elizabeth his Wife bring a new Bill of Reviver to revive the first Sute in which the Witnesses were examined and this Case was refer'd to Fleming and Coke Chief Justices and Tanfeild Chief Baron and Selverton and Williams Justices and Sing and Altham Barons of the Exchequer If it be asked for what reason was such a Sentence given my Lord Coke nor the rest will neither tie the Bishop nor themselves to shew any for he saith The lawfulness of Marriage belonging originally to be tried in the Ecclesiastical Court if the Ecclesiastical Judg that is the Bishop Sentence a Marriage Null We that is the Judges of the King's Courts ought to give Faith that is implicit Faith to their Sentence as they do to our Judgment whether true or false right or wrong reason or no reason and so he saith Where the original cause of Sute concerning Marriage belongs to the Common Law Courts the Ecclesiastical Judg is to give like Faith to them as 22. E. 4. in Corbets Case which was this Sir Robert Corbet had by Elizabeth his Wife two Sons Robert the Elder and Roger the Younger and dies Robert the Elder being under the Age of Fourteen takes to Wife one Matilda and they dwell together tâ—ll full Age Et habuerunt carnalem copulam cogniti reputati pro viro uxore palam And after the said Robert put off the said Matilda having no Issue by her and Married one Lettice in the life of the said Matilda and hath Issue by her Robert and dies Lettice Preached openly that she was the lawful Wife of Robert and her Son a mulier Roger the Son of Sir Robert Corbet sues in the Spiritual Court to Reverse these Espousals between Robert his Brother and Lettice for which Lettice sues a Prohibition In which Case it was Resolved 1. That if Robert and Matilda had had Issue and had been unjustly Divorced and after Robert had Married Lettice and had Issue and died that as long as the unjust Divorce had continued the Issue of Matilda could have had no remedy at Common Law the same gives so great Faith to the Sentence of the Bishop 2. That here Roger might sue at Common Law notwithstanding the second Marriage in regard the same was void being made while the first Wife lived On which may be noted the injustice of the Bishops being above Appeal in Judgment in these particulars 1. Here is a lawful Matirmony Consummate by the Birth of a Child and two Persons thereby indissolubly joined together by the Act and Law of God put asunder by the Bishop and his Papal Law Here is a Dispute from Generation to Generation concerning the Validity of a Marriage and Succession to an Inheritance Against the Marriage is alledged That the same was declared void by a Sentence of Divorce or rather of Nullity given by the Bishop Against it is answered by Elizabeth a Descendent of the said Marriage and the right Heir to the Inheritance that the cause of the said Sentence was false And she offer'd to prove that the said Christopher Kenne and Elizabeth Stowell were both above the Age of Consent to Marriage in Anno 37. H. 8. and were then lawfully Married and Cohabited together Nine or Ten Years and the said Martha was lawfully Procreate between them before the pretended Divorce was made Was there ever Probation more Relevant tender'd was there ever better Reason alledged by a poor Lady to defend her Inheritance On this Hoskins Bacon Dodridge and other Council Argued so long from Term to Term as was enough to spend a good Portion before it was got But alas to no purpose for had this Elizabeth been Queen Elizabeth her self these Judges will give no Relief or Hearing against a Bishops Sentence unless his Lordship will please to Revoke it himself And notwithstanding all Arguments to the contrary it was accordingly resolved by all the Justices and Barons That she must go without her Inheritance and her Mother Martha remain a Bastard till the Bishop who made her so should again unmake her which was in plain English to adjudg there should be no Appeal in any case of Marriage Filiation Aliment or Succession from the Bishops to
Votes whereby no Judgment can be given as in a Ceux que Droit Case where are many Competitors for the same thing A. B. C. D. the first Judg may be for A. the second for B. the third for C. the fourth for D. whereby no Judgment can be given 4. In a General Issue or Special Issue some Jurors may be of the Gonscience that such Witnesses are not above Exception nor to be credited others that they are others that such Evidence doth not conduce to the Issue others that it doth whereby no Verdict could be given were they not compell'd by that unconscionable way of starving them to agree against their Consciences 5. If we come from Judges of the Fact to Judges of the Law who allow themselves better Quarters than the other and will not be kept without Meat Drink Fire or Candle-light till they pass their Sentence yet the Courts in Westminster consisting of the equal number of Four Judges are often divided two against two and what if the Vote of the Chief Justice hear it against the other yet one mans opinion being as good as another yea the Puisne Justice being oftentimes of greater Age and Ability than the Chief his Sentence will not carry the Reputation of Justice neither may it be thought worth the Labour and Cost to have an Associate joined with him if his Vote must be null'd by the others he had been better at first sate and Sentenced alone and of more esteem his Sentence would have been had it never been opposed by a contrary Sentence of greater esteem than that to help which there hath been sometime added a Fifth Judg in England and in Scotland where the number of the Lords of the Session or Judges was Fifteen with a Numero Deus Impare gandet but in neither of these is this happy Imparity so much to be found as in one who cannot be divided in the least proportion against himself whereas Four may be divided Two against Two and Fifteen Eight against Seven which will leave a Sentence very Instable and Suspicious for many times the Minor Party are the Melior 6. In a numerous Court they may all vary in the state of the Question to be Voted if the President should have Power to put what Question to the Vote he pleaseth if he propose either a General Issue or State of the Question the Residue may each raise his Special Question which will need a Decision before the General can be Voted as a Jury often do in a Special Verdict if the President propose a Special Iâ—sue or State of the Question the Residue again may every one raise his particular or Individual State of the Question and think the Special cannot be Voted till the particular be decided whereby they will be able no more to agree in the Special than the General unless used as a Jury none of which Inconveniences can fall out in a single Judg but he easily gives his Sentence in the Roman manner either Absolvo or Condemno or Non liquet in England they use to send two Judges in every Circuit because one sits on Civil Causes in the Nisi prius side by himself and the other on Criminals in the Crown side of the Town-Hall where they come by himself which fashion being imitated in Scotland and two English Judges usually in every one of those Circuits being sent to sit both together in one Criminal Court for there are no Nisi Priuses or Tryals of Civil Actions in the Circuits of Scotland proved inconvenient and though but two they often differing one with another left Business not done or at least much delayed whereas the Custom of Scotland before was much better who used to send but one Judg at a time in their Circuits or Justice Eir whom they call the Justice General 7. Where Justice is appointed to be done by a Quorum it is extream difficult and many times impossible to get them together that this Clog upon Civil Proceedings was brought in by the Romish Bishops to the same intention which is before mention'd to weaken the Roman Tribunes appears from the very name that 't is Latine Restraining Justices of Peace to Quorums destroys Justice and the effect of it destructive to Justice for wheresoever a Justice of Peace is limited to Act single without a Quorum he is as good as to that matter disabled to Act at all especially for the Poor who have most need of them and are not able to draw Quorums together as the Rich may In no less danger is the Publick safety of his Majesty and his Protestant Subjects by Restraining or at least making doubtful the Authority of the Sheriff who is his Majesties Lieutenant Sworn and Vice Consul of his Province or County to oppose a Rebellion or Invasion without a Quorum of Deputy Lieutenants or Justices of Peace who though Persons of great Honour Ability and Valour to serve their King and Country yet if Fetter'd together in Quorums like Plurality of Generals in an Army by how much of higher Courage and Conduct they are by so much the more are they apt by Ambitious Emulation to cross one another To restrain Sheriffs by a Quorum dangerous to Publick safety and bring the Army in confusion whom to follow An Example of which happen'd in the Alarm in Dorset Decemb. 9th 1678. of a Foreign Enemy landed on that Coast which I have the more Reason to remember happening to have been prickt Sheriff but not Sworn for that County when as soon as the noise was spread some ran to the Sheriff some to one Deputy Lieutenant some to another some to one Justice of Peace some to another some gathered together East some Wist some North with great Courage and Resolution to Fight the Enemy wherever they found him but in such a Confusion they knew not who was to Command or who to Obey and pity 't was to see so many stout men so unarmed undisciplined and unprovided as they were and certainly if they are suffer'd so to continue in that and other Countries it is impossible for the Protestant not be Surprized by whatsoever Rebellion the Native or Invasion the Foreign Papist unless God as he hath hitherto done discover their Plots by Miracle Design and Attempt neither doth appear any more ordinary way of Remedy than freeing the Militia from Quorums who without their default may have Popish Spies unknown crept in amongst them which is impossible for any but a single Person to prevent to discover their Councels and cross all their Actings and will be utterly disabled either to Arm Train or Discipline a Militia as were necessary all which would be easily done by a Sheriff who is a single Person if his Ancient Legal Authority were as is most fit restored to him to Act singly for the preservation of his Country without a Quorum and his Honour and Interest would oblige him had he undisputable Authority to Muster Arm Train and Discipline those
Men to the height whom he himself if an Enemy appears in his Year is to lead in Person against him 8. The greater the number of Judges the greater the delay in the Proceedings 9. The greater number of Judges the more difficult to obtain Remedy against those of them who Judg wrong for they conceal their names as the Lords of the Session of Scotland being Fifteen and sometimes Eighteen compel the President to sign their Sentence in his name A. B. I. P. C. that is in praesentia Curiae though it be contrary to his Vote whereby it is as impossible to discover who gave the wrong Sentence as 't is in a Jury who gave the wrong Verdict deliver'd by the Mouth of their Foreman So in Athens the Court of the Areopagites were in number Twelve and they gave their Sentence into a Balloting Box by Black Beans and White Beans whereby it was impossible to know who gave the unjust Sâ—ntence on which Plutarch mentions a passage of Alcibiades who being sent for home out of Sicily to Athens to be question'd for his Life Fugam fecit and being askt by one saying Wilt thou not trust thy own Countrey who begat thee to be thy Judg No quoth he nor her who brought me forth lest she being Ignorant and not conceiving the Truth mistake a Black Bean for a White Amongst oâ—hers was the Custom to do it with Black and White Stones as Ovid Mos erat Antiquis niveis atrisque lapillis His damnare reos illis absolvere culpa They Sentenced with Stones of Black and White That know thou mightst not who Judged Wrong or Right 10. The Appeal must be to double the number as from a Jury of Twelve to a Jury of Four and Twenty which makes double the danger amongst so many they all concealing their Names in giving their Verdict as well as the first Jury 11. When a Jurisdiction is divided to two Judges which might have been exercised by one by the Interfereing of the divided Jurisdictions a man is pull'd to pieces to pay Tribute for the same Cause to both as between the Chancery and the Common Law Courts between the Kings-Bench and Common-Pleas one on Indictment of Trespass the other for Action of Trespass for the same offence so between the Common Law Courts and the Episcopal Courts a man is not only put to double Costs but is twice punish'd for the same offence and all Jurisdictions in the hands of several Judges will interfere except such as are divided by Territory and no other respect as the Jurisdiction of one County-Court is divided from another by Territory the County Palaâ—ines from the Westminster Courts by the Territory bounding them the Admiralty from the Common Law Courts by the Territory cover'd with the Sea 12. Where one Judg is sufficient to perform the Office of many with greater Expedition and Justice a multitude of Judges must be then a vast Charge to the Publick and a Prejudice as if to Justice the Romans had appointed Twelve Judges for every Province where one alone discharged the same it had been enough to have exhausted the Treasure of an Empire it is manifest that but three Judges only iâ— Westminster one in the Kings-Bench the other in the common-Common-Pleas and the third in the Exchequer let them have but the Jurisdiction of Fact Law and Equity as they ought to have may with as exact Justice and greater Expedition than now is done discharge all the Offices of the Twelve Judges of the Kings-Bench common-Common-Pleas and Exchequer save the labour of the Prerogative Court of Arches Court of Audience Court of Faculties Court of Peculiars Consistory Courts Court of the Arch-Deacon or his Commissary the Court of Delegates and all Episcopal Courts and Offices and likewise save the Labour and Charge of a distinct Chancery and of all original Writs and of all Commissions of Rebellion and of all Outlawries of all the intolerable Slavery of Sheriffs in making Pannels and of Free-holders serving in Juries and of Nisi Priuses and of Councels speaking to matters of Fact before Juries And that three Judges are sufficient to do this and many matters more I speak by experience for there were but four English Judges sent into Scotland and sometimes there were but three and sometimes but two there the other serving in Parliaments as they fell out and occasion required and we discharged all the Offices of Lords of the Session Lords of the Exchequer and of the Justitiar General in his Justice-Eir and in his particular Justice-Courts which did answer all the Offices and Power of the Judges in Westminster of the Chancery Kings-Bench Common-Pleas and Exchequer and of the Justices of Gaol-Delivery in their Circuit and besides these we Discharged the Commission for Plantation of Kirks through all Scotland and were Visitors of the Universities there were Judges likewise of the Seisures of all Ships except English Importing any Goods of the Production of Asia Africa America or Europe contrary to an Act made 1651. Cap. 22. for Increase of Shipping and encouragement of Navigation we likewise Discharged a Commission of Claims and a Commission for moderating the Fines laid on Persons who had been in Hostility to a Third part we likewise Discharged a Commission to Elect all Chief Officers in the Boroughs and made all the Sheriffs of Scotland yet had we not above Six Hundred Pound per Annum for all this and about Two Hundred Pounds to bear the Charge of a Circuit which was no profit to us but spent in entertainments for the Publick Honour neither did we take any Present Treat or Entertainment from the Sheriffs though of our own making and much less any Bribe or so much as Esculenta or Poculenta from them or any other now that which made it possible to us to Discharge so many Courts Offices and Commissions was that we were saved the labour of having Causes tossed and tumbled from Chancery to Common Law the Chancery and Common Law being there united and Pleas of Equity admitted in the same Court and there being no Juries in Civil Actions the same Persons were Judges of Fact Law and Equity another cause was that there were no Original Writs but the more compendious and just way of Summons used by serving the Defendant with a Copy of the Declaration another cause was that Councel could not speak to matter of Fact in Civil Actions before Juries or at Nisi Priuses there being none nor was so much as one of them suffer'd to speak or appear at the Bar when the Depositions of Witnesses are Advising or Reading as they do with us at Chancery-Hearings to the intolerable charge of Suitors and destruction of Justice and Equity another cause was that the Councel first excepted to the Law which we call a Demurrer and after that to the Fact which we call a Plea and had that liberty given both to demur and plead which kept the way so clear before them that they had never
in the Fees are mention'd Stat. Mal. 2. cap. 2. that is to say 1. To Seal Writs 2. To Seal the Kings Pattents Grants and Commissions 3. Presentations to Churches 4. Pardons to such Malefactors as deserve them which Statute of Malcom 2. cap. 2. follows in these words 1. Item They Ordained to the Chancellar the Fie of the Great Seal that is for ilk Chartour of an Hundreth Pound Land and above that the Fie of the Seal Ten Pounds and to his Clerk for the Writeing twa Markes 2. Item For ane Precept of Suising conform to the Chartour to the Chancellar for the Fie of the Seale ane Mark and to his Clerk twa Shillings 3. Item For ane Letter of Attornay or Protection for the Fie of the Seale Twelve Pennies and to the Clerk for the writeing Thrie Pennies 4. Item For ane Brieve closed with Walx to the Chancellar Sex Pennies and to the Clerk for writeing Thrie Pennies 5. Item For are Letter of Remission given by the King for the Slauchter of a man to the Chancellar 40 Shillings and to his Clerk for the writeing Sex Shillings Aucht Pennies 6. Item For ane Letter of Presentation to ane Kirk or to ane Hospital to the Chancellar 40 Shillings and to his Clerk for writâ—ing Aucht Pennies 7. But that part of the Office of the Chancellour of Scotland which concerns Original Writs is since Reformed and all Writs Abolished except Seven Only Seven Writs left in Scotland which Skene de verb. sign tit Breve recites thus Bot Seven Forms of Brieves all anerlie are now commonly used The First The Brieve of Mortancestrie The Second The Brieve of Tutorie The Third The Brieve of Idiotry The Fourth The Brieve of Terce The Fifth The Brieve of Line or Linâ—ation of Lands and Tenements within Burgh The Sext The Brieve of Division The Seventh The Brieve of Perambulation Quhair of the Three first Brieves are Answer'd and retour'd again to the Chancellary and the uther Four receives na retour'd Answer And in all other Actions instead of Writs by an Act of Parliament of James the Fifth after mention'd the Defendant ought to be served with a Copy of the Declaration to begin the Suit Only one Writ in Wales for Real Actions Writs pull men out of their Houses Beyond Sea In Wales and some parts of the North they Trie all Real Actions by a Quod ei deforcâ—at 8. The mischiefs of Writs are they pull men out of their Houses before Judgment contrary to the Civil Law ff siquis in jus vocatus non ierit l. 21. de Domo sua nemo extrahi debet which is expounded by Bartolus Invitus quis de domo non debet extrahi sed ibi existens potest verbaliter citari contra contumacem fit Missio in possissionem 9. Writs help not for any matter rising beyond Sea unless by Fiction of the place beyond Sea to be in England so honest men are without Remedy and only Liars obtain it No Oath of Calumny can be to a Writ 10. No Oath of Calumny can be given of a Writ whereby it becomes full of Falsities and Fictions but to a Bill in Chancery or Declaration an Oath of Calumny may be given which will purge it from all Falsity and Fiction if no Writ but if there is a Writ false it will compell the Declaration to be false because it will otherwise be abated for Variance from the Writ 11. Writs make Declarations to be of double length and contain two Declarations one a vain repetition of the other for 7. H. 6.47 In every Action on the Case the whole Cause of Action at large ought to be contained in the Writ for it is not sufficient to have a general Writ and special Count whereby the Party is compell'd to Enter and the Defendant to Copy a double Declaration of huge length and often twice as long as a Chancery Bill and Four Judges on Demurs to have each a Copy and of the whole Process to the intolerable Charge of Suitors and Gains of Clerks and Officers of Courts though it be but a trifling Action for Words or the like 12. Writs must pass the hands of Under-Sheriffs who often times will delay and betray them as long as the Party will give them Money 13. The old Writs which are in the Register and all the new which have been coined or joined by Chancellours or Clerks are defective and insufficient to supply Justice in the multitude of Cases which happen 1. Because the greatest part of the Writs of the Register are Antiquated and never used but remain as Forms out of Fashion and matters as unprofitable Lumber 2. All real Actions are thrown aside and the truth is Lawyers are so ignorant how to manage them that like the old â—ion in his Den they draw all their Clients into Chancery whence Vestigâ—a nulla retrorsum 3. The two old Principal Writs of Droit Patent and Novel Disseisin the one to determine the Right the other the Possession no Lawyer now knows in them to join the Mise or arraign the Assise any more than he doth when he talks of Robin Hood to Shoot in his Bow whereby the two chief Writs which dispatcht more Justice than all the rest are utterly lost 4. It is as impossible for a Chancellour and Clerk though they make in their Officina Brevium a Thousand Forms of Writs more than they have to fit with them all that want Right any more than for a Shoe-maker in his Officina Calceorum though he hath a good stock of Shoes ready made to all the Feet with them which want Shoes yea more impossible for the Shoe-maker makes his Shoes of soft yielding Leather his Straps or Buckles open or shut them wider or closer his Shoeing-horn Weesel-skin or Fists draw pull and thump them off and on and many pretty tricks and Instruments he hath to curry shave stretch punch oil water and stand them on the Last to accommodate them for the Foot but a Chancellour makes all his Writs of Iron or Latine and puts in them so many Gravels of Fictions Falsities broken Words Repugnancies Absurdities Nonsense that it kills or creeples any Case to walk from its own Home to Westminster 5. That there is an intolerable defect in Writs to supply Justice to the People appears in this That though all Originals come out of a Court which inâ—itles it self a Court of Conscience and Equity yet there is not one Writ to Remedy a particular Case of either nor any Action on the Case for a Case of Conscience or Equity arising from the Moral Law of God but all fall down and worship the Themis or Great Idol of the Ceremonial Law of Man of Livery and Seisin Fines Recoveries Inrollments Writings Seals Forms of Entries Forms of Pleading Forms of Words Fictions and the like which are not able to give a Right to the least foot of Land or handful of Goods nor any other Law than the