of Laws but that he might get the more into his Snares and so have thereby the more plentiful incomes and fines for Dispensations and Condemnations And this take for the up-shot of this Dance for as the old Comedies used to end in Weddings so all the enterprises of the Pope ended in money Study of Ecclesiastical Laws corrupts Protestants Divers Weights and Measures Ad aliud Tribunal aliud Exmen alias Leges Circuit Subornation Perjury Interfering of Courts 4. The study of the Popish Canons corrupts the choicest Protestant Wits in their Education with Popish principles in which rest the whole hopes of the gains of their profession 5. They introduce divers Weights and divers Measures of justice in the same people 6. They compel the Subjects ad aliud Tribunal then Caesars Judgment Seat ad aliud examen then per legem Terrae ad aliud judicium then legale judicium parium 7. They cause endless Circuits of Action Delays and Costs Subornation and Perjury of Witnesses and grind the people between two Mill-stones of interfering Jurisdictions as appears in the Statute following The Recital of the Statute 9 H. 6.11 following concerning the contention of the Heirs of Edmund Earl of Kent in Parliament relating to a Marriage without a Priest and Temple ITem Whereas by a supplication delivered in this present Parliament by the Commons of the same it was declared by Margaret Dutchess of Clarence Joan Dutchess of York Sisters and amongst others Heirs to Edmund Earl of Kent Richard Duke of York Richard Earl of Salisbury and Alice his Wife Ralph Earl of Westmorland John Lord of Typtost and of Powis and Joyce his Wife and Henry Gray Cousins and other of the Heirs of the said Edmund late Earl as in the same supplication is supposed That is to say the said Duke Son to Ann Daughter of Eleanor another of the Sisters of the said Edmund the said Alice Daughter to Eleanor another Sister of the said Edmund the said Ralph Son to Elizabeth another Sister of the said Edmund the said Joyce Daughter to the said Eleanor Mother of Ann and the said Henry Gray Son to Joan Daughter of the same Eleanor That whereas Eleanor Wife to James Lord Audley pretending calling and affirming her self Daughter and Heir to the said Edmund late Earl of Kent and begotten and born in Marriage pretensed had betwixt him and Constance late Wife of Thomas Lord Dispenser whereby the said supplication is supposed That the said Eleanor Wife to the said James is Bastard and never was any Marriage made had nor solemnized betwixt the said Edmund and Constance but the said Edmund by the Ordinance Will and Agreement of King Henry the Fourth Grand-Father to our Lord the King that now is after great notable and long Ambassage had and sent to the Duke of Millain for a Marriage to be had betwixt the said Edmund and Luce Sister to the said Duke of Millain did take to Wife and openly and solemnly Married the said Luce at London The said Constance then living and being there present not claiming the said Edmund to be her Husband nor any other Dower of his Lands after his decease which Marriage betwixt the said Edmund and Luce so had and solemnized continued without any interruption of the said Constance or of any other during the life of the said Edmund as divers Lords and other credible and notable persons of the said Realm do well remember And how after the decease of the said Edmund the said Luce was endowed of his Lands as his Lawful Wife continuing thereof her Estate peaceably all her life Nevertheless the said Eleanor the Wife of James upon great subtilty and process imagined Privy-labour and other means and coloured ways to the intent that she ought to be certified Mulier by some Ordinary in case that Bastardy should be alledged in her person hath brought as it is said in examination before certain Iudges in the Spiritual-Court not informed nor having knowledge of the said Subtilty Imagined Process Privy-labour and coloured ways certain suborned proofs and persons of her Assent and Covin deposing for her That the said Eleanor the Wife of James was begotten within Marriage had and solemnized betwixt the said Edmund and Constance The said Dutchess the Duke of York and Earl of Salisbury and Alice Earl of Westmerland John Lord of Typtost Joyce and Henry nor any of them thereof warned nor knowing untill long time after the deposition so made whereof the said suppliants do fear them to be grieved and impeached of their Inheritance had by the said Edmund by another subtilty and labour in the Temporal Law to be practised and wrought by the said Lord Audley and Eleanor his Wife As if they will commence any Action against any persons of their own assent and covin or otherwise will cause such persons of such assent and covin to pursue an Action against them as is supposed they intend to do in which action by the covin and assent aforesaid Bastardy ought to be alledged in the person of the said Eleanor Wife of James and thereupon by the assent and covin an Issue is to be taken and a Writ to be sent to some Ordinary where it please them not advertised of the said subtilty assent and covin to certifie if the said Eleanor the Wife of James be Mulier or not before which ordinary the same Eleanor Wife of James will alledge and prove her self Mulier by the said depositions of the said suborned Witnesses And then the party reputed as adversary against the Lord of Audley and Eleanor his Wife in the said action taken or to be taken by assent and covin aforesaid will alledge no proof nor matter nor make any defence before the Ordinary against the same Lord Audley and Eleanor his Wife but suffer the matter before the said Ordinary to proceed according to the meaning of the said Lord Audley and Eleanor his Wife So that it is very likely that the same Ordinary will certifie the said Eleanor the Wife of James Mulier which Certificate so had and made ought by the Law of England to disherit the said Dutchess Duke of York Earl of Salisbury Earl of Westmerland John Lord of Typtost Joyce and Henry and their Issue forever of the whole Inheritance aforesaid Whereupon the premises tenderly considered and to Eschew such subtil disherisons as well in the said Case as in other Cases like in time to come By the Advice and Assent of all the Lords Spiritual and also at the special Request of the said Commons in this present Parliament assembled It is Ordained and Established by Authority of this Parliament That if the said Eleanor the Wife of James be certified Mulier in any Court before this time that no manner of Certificate heretofore made for the said Eleanor Wife of James shall in anywise put to prejudice indamage nor conclude any person or persons but him or his Heirs that was party to the Plea And that from
Infallible or any Book which hath more Seditious and Rebellious principles of Disloyalty This I only say now but when I have what I now want time and opportunity I can and will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make it good how dangerous and when believed and practised how pernitious to Kings and Princes the principles of that Law are I hope all Bishops will hereafter be of the same mind and not own the Canon Law to be the Rule of Marriages and Legitimations or Successions of Protestant Kings and Princes or their Subjects or for their Pardons and Excommunications or fit to be any longer the Ecclesiastical Law for the Government in any thing of Three Protestant Kingdoms As to the Feudal Law I shall defer it till I come to speak of the wicked obligations of some Tenures Feudal Law to prostitute the Virginities of their Daughters to the Lords of the Land It is enough for to shew the slavery of Feudal Laws if we but remember the late Wardships of Tenures wherein the marriages of Men and Women were bought and sold as if Beasts in the Market and the unjust Laws yet remaining in customary Estates prohibiting Widows to marry and marrying young Women to old decrepit Men not fit for marriage to get a Widow's Estate whereby they are left exposed to infinite Temptations The wicked custom of Marchâ—ta Mulieris belongs to the Feudal Law Marchâ—ta mulieris dicitur Virginalis pudicitiae prima violatio delibatio quae ab Eveno Rege sibi capitalibus dominis fuit impie permissa de omnibus novis nuptis prima nuptiarum nocte sed pie à Malcolmo 3 sublata fuit in capite sequente certo vaccarum numero quasi pretio redimitur Sken Reg. Ma. lib. cap. 31. 1. It is to wit that conform to the Law of Scotland the Marchet of ane Woman noble or Servant or Hireling is ane Zoung Kow or three shillings And the right duty to the Sergeant three pennys 2. And she be Dochter of an Frie-man and not of the Lord of the Village her Marchet shall be one Kow or six shillings and for the Sergeants duty sax pennys 3. Item The Marchet of ane Thane or Ochiern twa Rye or Twelve shillings and the duty to the Sergeant Twelve pennys 4. Item The Marchet of the Daughter of an Earl pertains to the Queen and is twelve Rye The Spaniards in the West Indies setting a Tribute to the King and the inferior Lords to be paid yearly by every married person To encrease these yearly Tributes from married persons they every year survey by List the married persons of every Town and cause their Children Sons and Daughters to be brought before them to see if they be fit to be married and if of growth fit they threaten the Parents for not marrying them and raise his Tribute by way of Fine till he marry them And the set time they appoint for marriage to the Indians is 14 to the Man and 13 to the Woman yea some they compel to marry scarce 12 or 13 years of Age if they appear of more forward strength yea it is a shame to see how young they are inforced to it pag. 155. So between the King of Spain and the Pope the poor Indians pay dear for marriage which God left free The Civil Law is said to be Jus Leoninum The Canon Law Jus Vulpinum The Feudal Law Jus Asmarium in regard of the intollerable oppression and servitude in it I conclude therefore Marriage Filiation and Succession not fit to be judged by any of these three Laws CHAP. IV. Marriage Matrimony Legitimtaion or Succession not to be judged by the Law of Mahomet YOU will not offend God in speaking a word in secret to Women that you research in marriage although you conceal in your minds your design to espouse them he understandeth whatever you think of them Alch. cap. 2. pag. 23. Of Persons with whom Marriage is forbidden Marry not the Wives of your Fathers what is past was Incest abomination and a wicked way your Mothers are forbidden you your Daughters Aunts Nieces Nurses and your foster Sisters The Mothers of your Wives the Daughters that your Wives have had by other Husbands The Daughters of Women that you shall have known are also forbidden you if you have not known them it will be no sin The Wives of your Sons are likewise prohibited and two Sisters for what is past God is Gracious and Merciful Married Wives are likewise forbidden except the Women-slaves that you shall have acquired God hath so commanded you Except what is above forbidden it is lawful for you to marry at your pleasure Of the Time of approaching Wives When your Wives shall be clean approach them according to what God hath commanded He loveth them that repent of their Error and are clean and purified Your Wives are your Tillage go to your Tillage at your pleasure And do good to your Souls you shall one day find it fear God and preach his Commandments to true Believers Alchor cap. 2. pag. 21. Of forbearing to touch Wives God will be Gracious and Merciful to such as shall swear not to touch their Wives the space of four Months if he return to them he is Gracious and Merciful but if they desire to repudiate them he understandeth and knoweth all things Women Divorced shall tarry until their Terms be past four times it is not permitted them to conceal what God hath created in their Wombs if they believe in his Divine Majesty and the day of Judgment Alchor cap. 2. p. 22. Of the propriety of the Wife in her Goods distinct from the Husband Oh ye that believe in God it is not lawful for you to inherit what is your Wives by force Take not violently away from them what you have given them unless they be surprized in manifest Adultery see them with civility if you have an aversion from them it may chance that you have a thing wherein God hath placed much Good But if you desire to repudiate your Wives to take others and that you have given them any thing take not any thing that appertaineth to them Will you take their wealth with a lye and a manifest sin how shall you take it since you have approached each other with a promise to use each other civilly Alchor cap. 4. pag. 49. Of giving Suck by the Mother and Aliment to her and her Child and Aliment by the Heir to his Parents The Women shall give Suck to their Children two years intire if they desire to accomplish the time appointed to suckle them the Father shall nourish and cloth the Wife and his Children according to his faculties Expend not but according to the measure of your Goods the Father and Mother shall not necessitate themselves for their Children The Heir shall perform what is above ordained he shall entertain his Father and Mother according to his abilities If the Parents would wean their Children before two
used to deflour the fairest Plebeian Virgins yet by their Law would allow this to be no Marriage nor suffer a Patrician to marry a Plebeian but only to abuse them till the Plebeians rose against them and beat the Patricians into better manners The like raised a Rebellion in Persia and Mutius lib. 22. Chron. Ger. relates That a Rebellion arose amongst the Suisse Vri and under Waldensians because their Nobles and Governours abused to their Lust all their handsome Virgins at pleasure and then cast them off If the greatest Peer get a Beggar with Child the Marriage is indissoluble Whereas by the unquestionable Law of God if the greatest Peer lie with a Beggar whom he may lawfully marry and get her with Child he thereby makes her his Wife and though before the birth of the Child she expressly Contract She will take hire and the same shall not be a Marriage or after she give a release yet the Marriage is indissoluble for the Act of God of giving a Child doth confirm and establish it and whom the Act of God hath joined the Act of the Parties or of all human Powers can never lawfully put asunder So as is said one cause of the late Rebellion of the Moors under Gayland was the abusing and desertion of their Virgins by their Courtiers Of the Law giving liberty of Temptation to a Minor married to an Husband after carnal knowledg to desert her Husband and take a richer In Scotland while it was my fortune to be put to sit there as one of the Commissioners for Administration of Justice it happen'd the Earl of B. deceased having left two Daughters Inheritrixes of one of the greatest Estates in that Kingdom both infra Annos nubiles and by Will left their custody and disposing to divers Guardians the Countess of B. his Relict married the Earl of W. And after they two the Earl being the Father in Law and the Countess the Mother disposed of the eldest Daughter being under the Age of Twelve in Marriage with the Son of G. S. as I remember the Sheriff of T. being about the Age of Fourteen being a Gentleman of a very good Family and of the same name of the Family of the Earl of B. deceased who was the Father of the Daughters but not of equal Estate This Marriage was Consummated by the usual publick Ceremonies and by carnal knowledg The Guardians hearing their Pupil married without their consent being very much troubled apply'd themselves to us who had then de facto all the Power Ecclesiastical and Civil both of Bishops and Judges which the Sword could put on us to null the Marriage they alledging their Pupil to be infra Annos nubiles and likewise the Marriage to be made without consent of the Guardians appointed by the Father whereupon Summons were sent to all Parties concern'd to appear and answer the matter before us in the Court at Edinburgh At the day appointed there appear'd the new married Lady all in Silver the Earl of W. the Countess and other Nobles with their Train and as near as I can remember so long since what was spoken between the Parties and the Court were to this effect Earl of W. to the President of the Court My Lord we give appearance to your Summons though I know no reason we should be troubled hither Your Power is unlimited and you do what you please but I hope you will not part Man and Wife Presi Complaint hath been made to us and we shall only examin the truth of the matter and do nothing but Justice therein as we find the same to be and as we ought to do Thereupon the Earl and Countess and all other Parties except the new Married Lady were Order'd to with-draw out of the Room and as the fashion there is on any Consultation by the Court the Doors to be close shut The young Lady seeing her Mother and all her Friends shut out of doors from her and her self detained Prisoner alone within the Bar to be examined by the Court began to be something appal'd but the President comforting and incouraging her she address'd her self to answer what should be demanded Presi Are you married to the young Gentleman mention'd by your Guardians Lady Yes Presi Is it by your free consent or were you compell'd or deceived to do it Lady It is my free consent and I was not compell'd or deceived Presi Were there any other Matches proposed to you besides this and did you see the Men Lady There were others proposed and I saw them but I liked this best Presi Why would you disparage your self to marry one so much beneath you in Degree and Estate Lady It was my Father's will he having no Son that I should marry one of the name of his Family of which name this Gentleman I have married is and I married him that I might preserve the name of my Father's Family according to his will Presi Why would you being so sickly and and weakly as you appear to be marry under the Age of Marriage it 's enough to destroy your health and endanger your life Lady I am more healthy then I was before Presi You are young and your mind may change you shall have other Noble young Persons and fit for your Marriage presented to you and you shall take your choice of them To which the vertuous young Lady deservedly incensed though under the Age of Twelve replyed pretty tartly That she should be then a Whore if she should change her Husband for another Man Thereupon the Lady was Order'd to with draw and the Court on Consultation Order'd That she should be deliver'd to the custody of a Governess in her own House at D. who should admit any other Noble Persons to present themselves unto her as likewise the Husband she had already married but no otherwise then openly in the presence and sight of the Governess and if the Lady liked to make choice before she came to the Age of Twelve of any other to be Husband she should have free liberty to do the same if not then her present choice should stand This Sentence was right if you admit the Common-Law that great Popish Idol which is worship'd through the three Kingdoms to be the Law of God but otherwise 't was an unlawful thing to put a new married Wife who had lain with her Husband and for ought the Court knew might be with Child by him to put her on the Temptation of changing her Husband to take a richer and thereby leave it to the wicked Canon-Law which would have null'd her Marriage to have illegitimated her Child only for that desertion of her Husband to which that wicked Law tempted her but she was more Noble then to entertain such vile thoughts and continued constant to her Husband till her death Of the Law tempting Women to desert their Husbands by giving more Alimony then the Interest of the Portion Another great mischeif is in the Ecclesiastical Laws
and such of them as have Propriety in Goods and Chattels Tenements and Haereditaments as Bees Ants and Squirrels leaving as they die their Hives and Honey-Hills and Corn-Holes and Nuts to their Descendents to be their Successors The Internal Readers and Witnesses in Man are the Divine faculties of the Soul Sense and Reason one doth Testifie the Fact the other the Law The Internal Judg of the Probation of both is the Conscience The Laws which they read and testifie are written in the Internal Tables of the Heart Christ expresseth the first concerning Marriage in the foresighted Text Matth. 19.5 For this cause shall a man leave Father and Mother and they two shall be one flesh Concerning Filiation the Law of natural affection which is writ in the heart of the Father is mention'd Psal 103.13 As the Father pittieth his Children so the Lord pittieth them that fear him And the Law of natural affection writ in the heart of the Mother is mention'd Isa 49.15 Can a Woman forget her sucking Child that she should not have compassion on the Son of her Womb As to the Law of Aliment written in the heart of the Father it is mention'd Luke 11.11 If a Son shall ask bread of any of you that is a Father will he give him a stone or if he ask a Fish will he give him a Serpent or if he shall ask an Egg will he offer him a Scorpion Lastly as to the Law of Succession written in the heart of the Father whereby all natural Sons succeeded either to the right of Primogeniture or Filial Portions the same runs through all the examples of Jews in Scripture and of Gentiles in Histories This great Law of Nature is acknowledged to be written in the Tables of the Heart by the Scripture it self Rom. 2.14 The Gentiles who have not the Law do by Nature the things contained in the Law these having not the Law are a Law unto themselves which shew the work of the Law written in their Hearts their Conscience also bearing witness and their thoughts mean while accusing or excusing one another So Rom. 1.26 Paul saith Women did sin against Nature Yet was there no Law of Moses nor any Law written by God or Man in Paper and Ink which particularly prohibited them but only that of Nature And that this Law of Nature can neither be changed nor abolished or dispensed with by any humane power is agreed by Philosophers Poets Divines Common and Civil Lawyers and all others except Popes who exalt themselves above God Christ and Nature and all that is called God Lex Naturae neo tolli neo abrogari potest saith Tul. de leg 205. Dionysius when his Mother being an old Woman desired of him he would get her to be married to a young Man He answer'd Kings might overthrow Civil Laws but could not the Laws of Nature Lex humana derivari debet à lege Dei sed eam perfectè persequi non Potest Aquin. Augustin In humanis Legibus nihil est justum nisi ab aeterna lege dirivatur Honesta turpia natura judicanda sunt Tul. de leg 169.6 Hobart's Reports 120. It is acknowledged that all customs and Acts of Parliament against the Laws of Nature are void for Lex naturae est lex legum the Law of Nature is the Law of God and positive Law if contrary or variant from it is the Law of Man Yelverion Justice said When a new Case comes for which there is no positive Law before we do as the Sophonisis and Civilians resort to the Law of Nature which is the reason and ground of all Laws and of that which is most beneficial for the Common-wealth make a Law quod non negatur 8 E. 4. fo 12. Claudius justly reprehends Tribonian That in compiling the Institutes of the Civil Law he omitted the Law of Nature de Ferraiis 552. But the flattering Courtier had he done so knew he must have prefixed another imperatoriam Majestatem and laid other manner of principles then placitum Principis to be the original of right he could not have then divided Title and Jurisdiction with his Master And Jupiter Proclaiming that Deus est imperator in Coelis Imperator est Deus in Terris 'T is well he claims only the Earth for now the Pope claims not only plenitudinem Terrae but Heaven too to sell to his Customers Yet the Civil Law acknowledges the Law of Nature immutable And this point of Marriage and Succession saith Lege duodecim tabularum benè humano generi prospectum est quae unam consonantiam tam in maribus quà m in foeminis Legitimis in eorum successionibus necnon in liberis observandam esse existimavit nullo discrimine in successionibus habito cum natura utrumque corpus ediderit ut maneat suis vicibus immortale alterum alterius auxilio egeat ut uno semoto alterum corrumpatur sed posteritas dum inimica utitur subtilitate non piam induxit differentiam c. Cod. lib. 6. tit 47. l. lege By the Law of the Twelve Tables it is well provided for Mankind that there should be the same rule of Successions for Males and Females and in Children and no difference to be made in their Successions seeing Nature hath brought forth the Bodies of both that they might continue in their course immortal and one need help of another and one taken away the other might be destroyed But later Ages while they use so much subtilty have made an impious difference c. Which is intended between Males and Females in Succession when Lands are Intailed to Heirs Males By which appears what opinion the Civil Law hath of Successions to such Intails to be impious because contrary to the Law of Nature The Civil Law likewise acknowledgeth that Jura Sanguinis nullo jure Civili dirimi possunt and again it follows the Law of Nature in Legitimation Si mulier quinquagenaria partum ediderit an debet hujusmodi soboles suo patri succedere haereditatem â—jus nancisci à Caesariano advocato interrogati sumus sancimus Licet mirabilis hujusmodi partus inveniatur raro contingat nihil tamen eorum quae probabiliter à natura nascuntur esse producta respui sed omne jus quod ex quacunque Lege liberis praestitum est hoc merum atque immutilatum hujusmodi filiis vel filiabus servari in omnibus succâ—ssionibus sive ex testamento sive ab intestata Et summatim non absimiles aliis fiant in quos similes natura efficit Cod. lib. 6. tit 47. si major A question is proposed us by the Advocate of Caesar if a Woman above fifty bring forth a Child whether such Issue shall be Successor to the Father in the whole inheritance And we Decree though it be an admirable Case and rarely happens yet we ought not to reject any thing known to be probably produced by Nature but all the right which by any Law is given to
Null all Oaths of allegiance unless they will buy their Crownes of them and pay Tribute There is in our own English History a Manifest Example of the same in that noble King Henry the second who Complaines to his Parliament against the Bishops and the whole Clergy That in their Election of King Stephen his Predecessor who was a Collateral Heir they had imposed on him their own Conditions with all advantages to themselves whereby they Deprived his Mother Maud the Empress and him who was her issue and the right Lineal Heir of the Succession to the Crown And how they dealt with the People as well as with the King appears by the Complaint of the Lay-Nobility to the King at the same time That the Privileges of the Clergy hindred all Execution of Justice that the same could have no Passage through the Kingdom and having Exempted themselves from the Jurisdiction of the Magistrate there had been since the beginning of his Reign above an Hundred Man-slaughters Committed within the Realm of England by Priests and men within Holy Orders Dan. Hist 83. Such were the Fruits of Bishops and persons within Holy Orders and the three fine Knacks of Consecration Ordination and Excommunication wherewith they both Allured and Terrified the Superstitious People And such were the fruits of their pretended Divine Mission with the Olive Branch of Peace for tho Unction and Crowning of Kings who confected their Oyntment of the Ingredients mention'd in Psal 55.21 The words of his mouth were smoother than butter but War was in his heart his words were softer than oyle yet were they drawn swords 1. Of Gods Preservation of John Keysar notwithstanding his Excommunication and Delivery to Satan by an Arch-Bishop of Canterbury 2. Of Delivery to Satan by Bishops and their Prohibition to cast him out again by Fasting and Prayer without the Bishops Licence 3. All Excommunication and delivery to Satan by Bishops without a Sign of Mission from God if Malefice follow ought to be Punished as Witchcraft if not as a Cheat. 4. To grant a Bishop Power of Excommunication is to grant him Power to set up Idolatry to make all Sins equal to Pardon all Sins for Money Coke part 3.42 Ex Mich. 5. E. 4. Rot. 143. Coram Rege Keysar deliver'd to Satan protected by God John Keysar was Excommunicated by the greater Excommunication before Thomas Arch-Bishop of Canterbury and Legate of the Aposto lick See at the Suit of another for a reasonable part of Goods and so Remained Eight Months and the said Keysar openly affirmed That the said Sentence was not to be feared neither did he fear it and albeit the Arch-Bishop or his Commissary hath Excommunicated me yet before God I am not Excommunicated And he said he spoke nothing but the Truth And so it appeared for that the last Harvest standing so Excommunicate he had as great plenty of Wheat and other Grain as any of his Neighbours saying to them in scorn That a man Excommunicate should not have such Plenty of Wheat the Arch Bishop denying these words to be within the Statute of H. 4. concerning Lollards who were the Primitive Protestants and Protomartyrs of England did by his Warrant in writing comprehending the said Cause by Pretext of the said Statute Commit the Body of the said Keysar to the Gaol at Maidstone for that saith he in respect of publishing the said words Dictum Johannem non immerito habemus de Haeresi suspectum by reason whereof the said John Keysar was Imprison'd in Maidstone Gaol and in Prison detained under Custody of the Keeper there untill by his Councel he moved Sir John Markham then Chief-Justice Justice of England and other the Judges of the Kings-Bench to have an Habeas Corpus and thereupon as it ought a Habeas Corpus was granted upon which Writ the Gaoler Returned the Cause and Special Matter and withal according to the Writ had his Body there The Court upon mature Consideration and on Conference with Divines Resolved That upon the said words Keysar was not to be Suspect of Heresie within the said Statute as the Arch-Bishop took it and therefore the Court first Bailed him and after he was deliver'd for that the said Arch-Bishop had no Power by virtue of the said Act to Commit to Prison John Keysar hereby proved the Arch-Bishop to be no Incantor Messium but he thereby proved though he was no Witch yet he was a Cheat. Prohibition to cast out the Devil by Fasting and Prayer In the Book of Canons newly Printed 1673. the Canon 72. contains these words No Minister or Ministers shall without the Licence and Direction of the Bishop of the Diocess first had and obtained under his Hand and Seal attempt upon any pretence whatsoever either of Possession or Obsession by Fasting and Prayer to cast out any Devil or Devils under pain of Imputation of Imposture or Cozenage and Deposition from the Ministery The Bishops in prohibiting to cast out the Devil without their Licence imitate something the Popish Exorcists part of whose Exorcism is according to Mengus Flagell Daemon p. 36. The Exorcist ties a Stole about the Neck of the Party with three knots saying Oh ye Abominable and Rebellious Spirits I Adjure Conjure and Compell you wheresoever you have your Residence in this man by the Father and the Son and the Holy Ghost that ye immediately understand the words of my Conjuration and the virtue of it and that ye dare not depart from the Creature of God and Image of Christ without my Licence This is not only Anti-Protestant and the way to bring in all the Popish Magick and Exorcisms into the Church but is Anti-Christian for Christ himself affirms There is no holier or higher way of casting out the Devil than by Fasting and Prayer as appears Matth. 17.14 And when they were come to the multitude there came to him a certain man kneeling down to him and saying Lord have mercy on my Son for he is Lunatick and sore vexed for oft-times he falleth into the fire and oft into the water And I brought him to thy Disciples and they could not cure him And verse 18. And Jesus rebuked the Devil and he departed out of him and the Child was cured from that very hour Then came the Disciples to Jesus apart and said Why could not we cast him out And Jesus said unto them Because of your Vnbelief for verily I say unto you if ye have Faith as a grain of Mustard-seed ye shall say unto this Mountain Remove hence uâ—to yonder place and it shall remove and nothing shall be impossible unto you Howbeit this kind goeth not out but by Prayer and Fasting Christ agian will not suffer the Disciples to prohibit any to cast out the Devil as Mark 9.38 And John answered him saying Master we saw one casting out Devils in thy Name and we forbad him because he followed not us But Jesus said Forbid him not for there is no man that shall