devour her Child as soon as it is born The People who are Terrae Filii to be the Earth helping the Woman Prelacy being wroth and going to make War with Dissentient Protestants to be the Dragons being wroth with the Woman and going to make War with the Remnant of her Seed which keep the Commandments of God Old Teslament false translated by Bishops in 848 places and have the Testimony of Jesus Christ And that these are not the only false translations which Bishops make of the Scripture appears by the great Linguist Broughton who in his Advertisements of Corruptions affirms to the then Bishops of England That their publick translations of Scriptures is such as that it perverts the Text of the Old Testament in no less then Eight Hundred Forty Eight places and causeth Millions to reject the New Testament and to run into Eternal Flames Sixthly To shew that Coke needs no other to confute him in the signification of Nothus not to be a Child born out of Wedlock but a plece of his own Rhime I shall recite it which is by him set down Manseribus scortum notho Moechus dedit ortum and is a false Verse for No in Notho is short which might happen by some Error of his Scribe but the true Verse is in Calv. Lex whence I suppose he might have it Sed Moecha Nothis dedit ortum which Moecha signifies an Adulteress which she cannot be unless she is a Married Woman therefore it is plain the Rhime it self confutes him that Nothus is not a Child born out of Wedlock but in Wedlock which is unanswerable as to him because ex ore suo though not as to others who are on better reasons unanswerably answer'd before They corrupt the Press both as to Scripture and Law and interdict Protestants to write against Papists or answer them Act of Parliament against Lollards counterfeit by Bishops Coke 3. part 40. saith There was a Statute supposed to be made 5. R. 2. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to Arrest such as should be Certified into the Chancery by the Bishops and Prelates Masters of Divinity to be Preachers of Heresies and notorious Errors their Fautors Maintainers and Abetters and to hold them in strong Prison until they will justifie themselves to the Law of the Holy Church By colour of this supposed Act certain Persons that held Images were not to be worship'd c. were holden in strong Prison until they to redeem their vexation miserably yielded before these Masters of Divinity to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God We have said by colour of the supposed Statute c. not only in respect of the said Opinion but in respect also that the said supposed Act was in truth never any Act of Parliament though it was Entred in the Rolls of Parliament for that the Commons never gave their consent thereunto And therefore in the next Parliament the Commons prefer'd a Bill reciting the said supposed Act and constantly affirmed that they never assented thereto and therefore desired that the supposed Statute might be aniented and declared void For they protested that it was never their intent to be justified and to bind themselves and their Successors to Prelates more then their Ancestors had done in times past And hereunto the King gave his Royal Assent in these words Ypleist au Roy. And mark well the manner of the penning the Act for seeing the Commons did not assent thereunto the words of the Act are It is Ordained and Assented in this present Parliament That c. And so it was being but by the King and the Lords It is to be known that of ancient time when any Acts of Parliament were made to the end the same might be published and understood especially before the use of Printing came into England the Acts of Parliament were ingrossed into Parchment and bundled up together with a Writ in the King's name under the great Seal to the Sheriff of every County sometime in Latine and sometime in French to command the Sheriff to proclaim the said Statutes within his Bailwick as well within Liberties as without And this was the course of Parliamentary Proceedings before Printing came in use in England and yet it continued after we had the Print till the Reign of H. 7. Now at the Parliament holden in 5. R. 2. John Braibrook Bishop of London being Lord Chancellor of England caused the said Ordinance of the King and Lords to be inserted into the Parliamentary Writ of Proclamation to be proclaimed amongst the Acts of Parliament which Writ I have seen the purclose of which Writ after the recital of the Acts directed to the Sheriff of N. in these words Nos volentes dictas concordias sive ordinationes in omnibus singulis suis Articulis inviolabiter observari tibi praecipimus quod praedictas concordias sive ordinationes in locis infra Balivam tuam ubi melius expedire volueris tam infra libertates quam extra Publice Proclamari teneri facias juxta formam Praenotatam Teste Rege apud Westm 26. Maij. Anno Regni Regis R. 2.5 But in the Parliamentary Proclamation of the Acts passed in Anno 6. R. 2. the said Act of the 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. was continually Printed and the said Act of 6. R. 2. hath been by the Prelates ever from time to time kept from the Print A Counterfeit Act Printed by Bishops against Protestants What English Protestant can read this without horror what doth he not observe it why 't is that Counterfeit Act of Parliament 5. R. 2.1382 whereby Bishops usurp to be Judges of the Souls and Consciences of Protestants and to put them in strong Prison till they conform and submit to the will of the Bishop 't is that Counterfeit Act whereby they usurp to be Judges of Heresie and to make Protestants Hereticks when they please 't is that Counterfeit Act whereby they have compell'd the Subjects to swear to worship their Idols 't is that Counterfeit Act whereby they have dragged so many Pious Martyrs to the Stake and burnt them filling the whole Land with fiery Furnaces 't is that Counterfeit Act by which the Bishops have usurped Power to destroy Religion Liberty Propriety and Lives of all Protestant Subjects at their pleasure 't is that Counterfeit Act which was never assented to but disclaimed detested abrogated and declared null and void by the House of Commons 6. R. 2. Anno 1383. and hath been yet most presumptuously caused to be printed as a valid Act by the Bishops being Masters of the Press and the true Act of Abrogation 6. R. 2. Whereon all the Subject hath depends most wickedly suppress'd and never Printed Coke 2.
Lives by Fictions I hope such Popish Fictions will no longer be suffer'd in Protestant Courts of Justice Coke saith From the taking away of Oaths for the truth of the cause of Essoin by the Statute of Marlebridge cap. 12. there arose after Fourcher per Essoin by several Tenants alternis vicibus and making false Essoins ultra mare all endeavour'd to be taken away by Westm 1. cap. 43. 44. but when a mischief comes by making an ill Law or Statute it is never cleanly cured by after Statutes of Explanation or Limitation without clean repealing again the Statute which causeth the mischief additions of new Patches to old Garments making the Rent but worse Fictions in Essoins The mischief of Fictions of Husband and Wife to be but one Person have been sufficiently shewn P. 66 67. Fictions de Plus petitionibus In the Common-Law Declarations the next Fictions for want of the Oath of Calumny are de Plus Petitionibus Conrad 405. saith Olim triplum condemnabantur qui majorem Summam in libello assignaverant quam reus debebat but in more ancient times I find they forfeited only the Tenth part which with an Oath of Calumny might be now sufficient to restrain the lawless laying of Debt and Damage in their Declarations an Hundred times more than it is which is very mischievous and dangerous to Defendants when Plaintiffs pack and bribe Juries and they happen to misplead make defaults or have other Casualties fallen on them whereby they cannot attend their Suits Dr. Cowell says The Civilians are in no danger de Plus Petitionibus by reason of certain Cautelous Clauses they ordinarily have at the end of every Position or Article of their Libel or Declaration to this effect Et ponit conjunctim divisim de quolibet detali tanta quantitate vel summa qualis quanta per Confessionem partis adversae vel per probationes Legitimas in fine litis apparebit and again in the conclusion of all Non astringens se ad singula probanda sed petens ut quatenus probaverit in praemissis aut eorune aliquo eatenus obtineat But Civilians and Canonists make their Laws like Juglers-knots to tie with one finger and untie with the other they make a great noise of their Oath of Calumny and de Plm Petitionibus and by these secret Clauses in their Libels make it all again to no purpose All the Common Law Writs of Questus est nobis are now grown Fictions and Declarations Licet saepius Requisitus are likewise Fictions whereby men are surprized by Arrests before any Demand made the Inde producit sectam in the end of the Plaintiffs Declaration is now turned a Fiction which was heretofore a legal proof of Witness produced to prove his Declaration for the better Caution against the false Calumnies of Plaintiffs the former Taking of Pledges of the Plaintiff is now turned to a Fiction of Plegii de prosequendo John Doe and Richard Roe the Counter-pledges exacted of the Defendant are now turned to a Fiction John Den and Richard Fen. Courts of Justice compel to Fictions and Falsities It doth not satisfie Courts of Justice to tolerate Fictions and Falsity but they compel to them as the Defendant shall be compell'd to give colour a meer insensible Fiction and Lie he shall be compell'd at Common Law to answer Negatively or Affirmatively as if he were Omniscient and shall not be permitted to say Dubito or Ignoro though Juries of greater number may all say Ignoramus he shall be compell'd to a Plus petitio to avoid a Variance between his Obligation and his Declaration as Bro. Confess 37. If a man Sue an Obligation for Ten Pounds and the Defendant confesseth all except Forty Shillings whereof he sheweth an Acquittance the Plaintiff prays Judgment and says nothing of his Acquittance for if he confess it his Writ should have abated Fictions of Acts made the first day of the Session If an Act of Parliament come before them to judg when it was made they will judg it by Fiction to be made the first day of the Session 33. H. 6.17 the Case was this In the Exchequer-Chamber Fortescue Rehearsed how the Parliament last past made a special Act against John Pilkington Esq for the Rape of a Woman out of N. c. and Rehearsed the effect of the Act and how by the same Process was granted to be made to the Sheriff of E to make certain proclamations in a Ville that the said John ought to appear before the Lords at W. at a certain day c. to answer to the Trespass contained in the said Act c. and if he would not that then he should be attaint of the Trespass and pay a certain Sum to the Party c. and that the Proclamations were accordingly made and returned into Chancery and the said John made no Appearance c. and after the said John was taken and in the Kings-Bench committed to the Marshals-Ward for certain Causes on which a Transcript of the Act and a Mittimus was sent out of the Chancery directed to us c. whereupon the Marshal was charged with him for the same Condemnation contained in the Act and the said Prisoner comes now and alledges by his Councel That the Act of Parliament is not sufficient and therefore prays to be discharged c. for the Bill being directed to the Commons pass'd them well and was endorsed in this Form Let it be delivered to the Lords but whereas the Bill was That the said John should render himself before the Feast of Pentecost next ensuing the Lords endorsed the Bill in this Form The Lords grant that in case he appear not before the Feast of Pentecost which shall be Anno Domini 1452. c. to wit at Pentecost next after the Feast contained in the Bill And therefore the Lords granted a longer day then was granted by the Commons in which Case the Commons ought to have had the Bill deliver'd back again to them and they to have assented to the Grant of the Lords which was not done and therefore such Act of Parliament is void Fortescue It seems we ought to intend no otherwise but that the Act is good for the King hath written to us by his Writ and hath certified unto us That the Bill is confirmed by Authority of Parliament Illingworth Chief Baron This cannot here be intended as you say for the Writ which is made only by a Clerk of the Chancery cannot make an Act of Parliament good if it be vicious in it self c. And afterwards he sent for Kirkby keeper of the Rolls and for Faukes Clerk of the Parliament Fortescue Rehearsed the matter to them both on which Kirkby Sir The course of the Parliament is this c. But if any Bill is particular or other Bill which is first deliver'd to the Commons and pass'd they use to endorse the Bill in this Form Let it be
unto the Elders I gave my Daughter unto this Man to Wife and he hateth her and lo he hath given occasion of speech against her saying I found not thy Daughter a Maid and yet these are the Tokens of my Daughter's Virginity and they shall spread the Cloth before the Elders of the City and the Elders of the City shall take that Man and chastise him and they shall amerce him an hundred Shekels of Silver and give them unto the Father of the Damsel because he hath brought up an evil name on a Virgin in Israel But if this thing be true and the Tokens of Virginity be not found for the Damsel then they shall bring out the Damsel to the door of her Father's House and the men of the City shall stone her with stones that she die because she has wrought folly in Israel to play the Whore in her Father's House So shalt thou put away Evil from amongst you This Custom as many others the Jews learn't of the Heathen Nations and was tolerated amongst them for hardness of their hearts Leo Afer relates amongst the Inhabitants of Fez in Africk the same wicked Custom to be in use and that before the Wedding Feast the Bridegroom ought to deflower the Bride and then they come and shew amongst the Guests a filthy defiled Napkin with great Exultation and a loud Voice Proclaiming the same in as filthy words and behaviour But if this cannot be shewen it spoils the Wedding and the Woman is turn'd away with great disgrace The like they do at Zant where the Wedding Sheets are always kept And amongst the Persians where if the Woman fail to give this Sign they cut off her Ears and turn her home with great disgrace And the like in divers other Heathen Nations which Custom both with Heathen and Jews is 1. very immodest and filthy 2. very cruel and unjust for as Levinus Lemnius and other Physicians and Anatomists hold these Signs are extreamly fallacious and neither shew who is or who is not a Virgin whereby many innocent Persons may be destroyed and many wicked be justified and therefore is no fit Precedent to be followed by Christians Tryal of Jealousie We find likewise the Trial of Jealousie prescribed Numb 5.18 And the Priest shall set the Woman before the Lord and uncover the Woman's head and put the Offering of Memorial into her hands which is the Jealousie-Offering and the Priest shall have in his hand the bitter water that causeth the Curse And the Priest shall charge her by an Oath and say unto the Woman If no man hath lain with thee and if thou hast not gone aside to uncleanness with another instead of thy Husband be thou free from this bitter water that causeth the Curse But if thou hast gone aside to another instead of thy Husband and thou be defiled and some man have lien with thee beside thy Husband Then the Priest shall charge the Woman with an Oath of Cursing and the Priest shall say unto the Woman The Lord make thee a Curse and an Oath amongst the People when the Lord doth make thy Thigh to rot and thy Belly to swell And the Woman shall say Amen Amen And the Priest shall write these Curses in a Book and blot them with the bitter water And shall cause the Woman to drink the bitter water that causeth the Curse In Loango in Africk if any is suspected of Adultery Witchcraft Theft or other Crimes there is a little Tree with a small Root like a White Carrot called Imbunda on accusation the Priest assembles the accused Parties and scrapes a little of the Root into water which makes it as bitter as Gall. One Root will serve for the Tryal of an hundred the Priest beats it together with a Plantan stalk and hits every one after they have drunk with certain words If they can walk by till they make Urine they are free but if they grow dizzy they are knock'd o th' head and dragg'd thence when dead The Matimbas have the same Tryal of Adultery and other Crimes with the same Root made into bitter water the nature whereof is if it be given in too great a Dose it stops the Urine and flies up into the head whereby the Party becomes dizzy which if he be here the Execution something differs from the former and all the People presently fall upon them and cut them in peices with Knives At Morumbay in Africk if any is suspected to be guilty of Adultery or any Crime there is an Idol in a great Basket called Morumbay and they are compelled to come thither when accused and each to kneel down and say Mene quesa Cabumba Marumba that is I come to make trial of my Innocence And if he is guilty he falls down dead and if he is free he is free'd Andrew Battle saith he saw six or seven in his time that were put to this Trial. Amongst the Guineans the Priests have a Drink call'd Enchion Kenow which the Inhabitants beleive hath such a force and virtue from their Fetisso or God that if any Woman suspected of Adultery by her Husband and brought to drink thereof for Trial if she be Guilty the Fetisso will kill her which makes the Woman accused if Guilty rather compound and assent to be Divorced from her Husband then run the hazard of the Fetisso on a Trial by that drink The Americans for the most part if they find not their Wives Virgins or if after they commit Adultery Divorce them wherein they far excel these shameless and devilish Trials of Jews and Ethnicks and the Water-Ordeal and Fire-Ordeal heretofore used by Christians of walking over Red hot Plow-shares bare foot or the newer fashion of putting Women to Self-accusation Canonical Purgation and Compurgation in Episcopal Courts Likewise amongst Christians I say this simple plain proceeding of private Divorce both amongst the Guineans and Americans by the light of Nature far excels all the said Tryals by Jewish Pagan or Popish Priests Lastly It is clear from Christ 's disallowing the Bill of Divorce by the Husband except for Fornication and his allowing it by the Husband when there was Adultery He disallows the Laws of Tryal of Virginity and Tryal of Jealousie as well as he disallowed the Bill of Divorce without lawful cause For the Tryal of Virginity and Jealousie is far worse and shews greater hardness of heart then the Bill of Divorce in regard the Bill of Divorce if the Husband find any uncleanness or dishonesty in his Wife only puts her away and saves both her Honour and Life but the Tryal of Virginity and Jealousie permits the man first to lie with her and perhaps to get her with Child and then to stone her or with bitter water to poison her and her Child together wherein the Turk is not so bad as the Jew For though he buy his Wife if after he finds her not as she should be he will Divorce her and though he lose
and no Certificate of Bishops hath power to take that right from them 7. Here the wantonness of Widows is forbidden who are for new Husbands as soon as the old is put in his Grave whereby who are Fathers of their Children is made uncertain 8. Here is no false Fathering of Children on those who are within four Seas 9. Here is no punishing Men twice for one offence once by the Temporal Court and then by the Spiritual Court or contrary punishments by contrary Courts one by the Contentious Court and another by the Penitential Court 10. Here is no Auricular Confession of their Wives or Daughters by Priests in Temples or Chambers and defiling thereby of their Families 11. Here is no punishing of Women for bringing forth Children nor the Murders of so many Infants caused thereby as by the Papist Laws is continually done Yet I conclude though the Law of the Turk is far better than that of the Pope and shall rise in Judgment against such as plant his Canons in their Courts in defiance of the Law of God and Nature I think neither a fit Rule to judge Marriage Legitimation or Succession by CHAP. V. Marriage Filiation Aliment and Succession not to be judged by Ecclesiastical Laws THE Question is Whether Marriage Legitimation and Succession ought to be judged by Ecclesiastical Laws No English Lawyer can mention my Lord Coke without great honour but how he came so biass'd as to endeavour to set up Papal and Episcopal Laws under the name of Regal appears not Object 1 It is objected by Coke lib. 5.1 part 40. in Cawdryes Case That the Kingdom of England is an absolute Monarchy and if the King cannot Authorize by his Commission or Writ Ecclesiastical Judges to determin and judg those great and important Causes of Matrimony Divorce and general Bastardy by Certificate of the Bishop who is the Ecclesiastical Witness and Judg both of Fact and Law and by the Canon Laws which by use and custom are now our Ecclesiastical Laws Then he is disabled to be supreme Governour of this Realm in all Spiritual things or Causes as well as Temporal according to the Oath of Supremacy due to him And that he could not then cause Justice to be administred to his Subjects in these so great and important causes of Matrimony Divorce and general Bastardy on which depends the strength of mens Descents and Inheritances This I conceive though not in the same words yet in sence and substance to be the weight of my Lord Coke's Argument whereby he would make use of Marriage as one means amongst his many other to set up an Ecclesiastical Law and Judg over the Temporal Freeholds and Inheritances and other Birth-rights of the Subjects To which is answer'd First As to the words Absolute and Supream I suppose he intended no such absolute Monarchy or Supremacy as is not under the Law of God though it be not so express'd in the form of the Oath of Supremacy For though Regum timendorum in proprios greges Ecclesiastical Laws not needful to the King's Supremacy but hurtful Reges in ipsos imperium est Jovis then I think he doth not intend it to be above the Law of the Land seeing the King himself by his Oath is pleased to oblige himself to his People to govern according to that Law where it is not contrary to the Law of God Then as to the pretended want of Power of doing Justice concerning causes of Free-hold and Inheritance depending on marriage except by Ecclesiastical Laws and Judges that is very strange for how was Justice done in the times of Primitive Christianity for many Hundred Years after Christ when neither Bishops or any other Ecclesiastical Judges ever pretended Jurisdiction todetermin Temporal Right or Propriety but left the same to be judged by the Imperial Laws How was Justice done in the time of Henry the Second when the Jurisdiction of all Matrimonial causes remained in the Temporal Courts Richard the First his Son being the first as Matthew Paris writes whom the Clergy got by his publick Edict to give the Jurisdiction of Power and Gifts by reason of Marriage and of all Matrimonial causes to the Bishops Courts and the same Richard likewise gave them Jurisdiction of all breach of Faith Promises and Oaths whereby if much of the Power so rashly granted had not been by him so speedily resumed they had hookt to themselves the whole Jurisdiction from the King's Courts of all Contracts and Conveyances Bonds and Obligations as well as Marriages concerning Temporal Goods and Inheritances And why cannot general as well as special Bastardy be tryed at Common Law And how likewise are all Rights depending on all Marriages made during the late Civil Wars by pretence of any Ordinance of Parliament made by 12. Car. 2. cap. 33. to be tryed by a Jury and the Common Law and not by Certificate of the Bishop or any Ecclesiastical Judg to the advancement and not prejudice of Justice and a far greater expedition and advantage to the same would it be if by the like Act the Jurisdiction of all Marriages and Legitimations as it was in the time of Henry the Second were again restored to the Common-Law-Courts So likewise anciently Bastardy alledged in an Action of Trespass was triable by Jury but now usurped by Bishops as well in personal as real Actions 4. Edw. 4.35 Object 2 Coke lib. 5.1 part in the same case of Cawdry it is further alledged Circumspectè agatis gives no Jurisdiction of Marriage to Bishops That the Statutes of Circumspectè agatis made 13. Eliz. 1. of Articuli Cleri made 9. E. 2. Anno Domini 1315. of 15. E. 3. Cap. 6. of 31. E. 3. Cap. 11. give Jurisdiction of marriage to Bishops To which is answer'd That in the Statute of Circumspectè agatis there is not a word mention'd of marriage but only by it Jurisdiction is given to the Bishops of Fornication and Adultery which is not Marriage but rather Anti-marriage for Marriage is an Ordinance of God Fornication and Adultery are Ordinances of the Devil and whereas before the Jurisdiction of Fornication and Adultery as acknowledged by Coke lib. 5.1 part 488. was in Leets under the name of Letherwit or more properly Lecherwit yet had Leets never Jurisdiction of Marriage or Divorce neither consequently could Bishops have it from them As for Articuli Cleri and the other Statutes there is not a word in them concerning Marriage nor so much as of Fornication and Adultery the Jurisdiction therefore pretended was never given by any Statute Linwood likewise expounds the words of the Statute of Circumspectè agatis which gives Bishops Jurisdiction of all deadly Sins as Fornication and Adultery and the like Non intelligas de omni peccato mortali sed de tali cujus punitio spectat merè ad forum Ecclesiasticum nam si de ratione cujuslibet peccati mortalis cognosceret Ecclesia sic periret temporalis gladii Jurisdictio
and those Laws which follow them they will on Divorce under the name of Alimony give the Woman more then the Interest of her Portion amounts to which incourages all Women to seek Divorces whereas the form of Divorce amongst the Romans was Res tuas tibi habeto and she was not to have more then she brought with her and the same is the Law of the Jews and all other Nations except such as live under Popish Ecclesiastical Laws And the injustice of our Ecclesiastical Laws to the contrary is not one of the least causes why Divorce and Separations are of late grown so frequent because Women know they shall gain by the Divorce and rob their Husbands of more then ever they brought them Of the Law of Divorcing after Procreation of a Child for precontract or pre copulation without pre procreation Of the Law prohibiting liberty of private Marriage without publick Witnesses Of the Law giving the Jurisdiction of the secret causes of Divorce between Parents and secret uncleanness of Children in their Parents Houses to publick Tribunals Of the Law compelling persons married though mortal Enemies to Co-habitation Of the Law of Divorce à Mensa Thoro. Of the Canon compelling the parties on Divorce for Adultery to give Bonds and Sureties not to marry again during each others life Of the custom of Protestants marrying with Papists Edward the Fourth was as is alledged first verbally contracted to Eleanor Daughter to john Talbot Earl of Shrewsbury married after to Sir Thomas Butler Baron of Sudley after this verbal contract he married Elizabeth the Widow of Sir John Gray she lived his Wife Eighteen Years and Eleven Months and he had issue by her Three Sons and Seven Daughters Elizabeth his eldest Daughter was first promised in marriage to Charles Dauphin of France but married after to King Henry the Seventh Edward the Fourth being dead leaving his two Sons young in the custody of his Brother Richard the Third they were after murdered by him to make his own way to the Crown but first in preparation thereto Dr. Shaw in a Sermon by him Preached at Paul's-Cross took for his Text Spuria vitulamina non agent altas radices And to make short work they were after by Act of Parliament Proclaimed Bastards and not inheritable to the Crown on no other Allegation made but the pre-contracts before mention'd with Eleanor Butler as is recorded in the Parliament Roll. Husband divorces the Wife for cause of precopulation committed by himself Buchanan rerum Scoticarum lib. 11.652 relates That Earl Bothwel aspiring to obtain the marriage of Mary Queen of Scots compelled his Wife to accuse him of pre-copulation with another Woman before he married his Wife Gordonia Bothuelii uxor cogitur in duplici foro litem de Divortio intendere apud judices Regios accusat uxor maritum adulterii quae una justa apud eos erat divortii causa apud judices Papanos lege vetitos tamen ab Archiepiscopo fani Andreae ad hanc litem cognoscendam litem dare accusatur idem ante Matrimonium cùm propinqua uxoris stupri consuetudinem habuisse nulla in Divortio faciendo nec in testibus nec in judicibus fit mora intra enim decimum diem lis suscepta disceptata dijudicata est After he saith one thing thought necessary was ut consuetae servarentur Ceremoniae ut videlicet publice in conventu civium tribus diebus Dominicis nuptiae futurae inter Jacobum Heburnum Mariam Stuartam denuntiarentur ut si quis quid vitii ant impedimenti sciret quo minus legitimè coirent rem ad Ecclesiam deferrent And after he saith Cùm de nuptiis in Ecclesia denunciandis ageretur lector cujus id munus erat constanter recusare collecti Diaconi seniores cùm reluctari non auderent jubent Ecclesiastem nuptias futuras de more edicere is quidem hactenus paruit ut se vitium quidem scire profiteretur ac paratum seu Reginae seu Bothuelio cum vellent judicare is cum in arcem accersitus venisset Regina eum ad Bothuelium remisit qui quanquam nec blanditiis nec minis Ecclesiastem de proposito deduceret nec rem disputationi committere auderet tamen nuptias apparat unus Orcadum Episcopus est inventus qui gratiam aulicam veritati praeferret caeteris reclamantibus causasque proferentibus cur Legitimae non essent nuptiae cum eo qui duas uxores ad huc vivas haberet tertiam ipse suum nuper fassus adulterium demisisset ita indignantibus omnibus bonis vulgo etiam execrante propinquis per literas improbantibus inchoatus publicis Ceremoniis simulatis etiam factas detestantibus tamen Matrimonium celebratur Which fore-mention'd pre-contract alledged against Edward the Fourth was no more just cause to Illegitimate his Children then it was to Murder them nor was his pre-copulation with another Woman confess'd by Earl Bothwel any more just cause to Divorce his Wife then it was to aspire to the Kingdom 32 H. 8. cap. 38. takes notice of the great mischiefs insuing by dissolving by pre-contract Marriage consummate by bodily knowledge and fruit of Children or Child which Statute follows in these words WHereas heretofore the usurped power of the Bishop of Rome 32 H. 8. cap. 38. Of precontract hath always entangled and troubled the meér Iurisdiction and regal power of this Realm of England and also unquieted much the Subjects of the same by his usurped power in them as by making that unlawful which by God's Word is Lawful both in Marriage and other things as hereafter shall appear more at length and till now of late in our Soveraign Lord's time which is otherwise by learning taught than his predecessors in time past long time have beén hath so continued the same whereof yet some sparks be left which hereafter might kindle a greater fire and so remaining his power not to seem utterly extinct Therefore it is thought most convenient to the King's Highness his Lords Spiritual and Temporal with the Commons of this Realm assembled in this present Parliament that two things especially for this time be with diligence provided for whereby many inconvemences have ensued and many more mought ensue and follow As where heretofore divers and many Persons after long continuance together in Matrimony without any allegation of either of the parties or any other at their Marriage why the same Matrimony should not be good just and lawful and after the same Matrimony Solemuized and Consummate by carnal knowledge and also sometimes fruit of Children ensued of the same Marriage upon pretence of former Contract made and not Consummate by carnal Copulation for proof whereof two Witnesses by that Law were only required beén divorced and separate contrary to God's Law and so the true Matrimony both so Solemnized in the face of the Church and Consummate with bodily knowledge and confirmed also with fruit of Children had betweén
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
committed to the next of Kin c. The Administration being thus granted to the Mother the Sister by th Father's side doth commence Suit before the Ecclesiastical Judg pretending her self to be next of kin and the Mother not to be kin at all to the party Deceased and therefore desireth the Administration formerly granted the Mother to be revoked and committed to her as next kin to the Deceased by force of the said Statute Hereupon the most Learned as well in the Laws of the Realm as in the Civil Law were consulted and both Common Lawyers and Civilians unanimously declared it to be an Article of their Faith contrary to Scripture and common sence that a Mother was not kin to her Son so Judgment was pass'd against the Mother whereby she lost her Son and her money too perhaps some that she gave him And in those days this precedent did so much prevail that many other Judgments passed accordingly against the Mothers Then in Rama was there a voice heard lamentation and weeping and great mourning Rachel weeping for her Children and would not be comforted because they were not yea weeping it over again Qualis populea maerens Philomela sub umbra Amissos queritur faetus quos durus arator Observans nido implumes detraxit at illa Flet noctes ramoque sedens miserabile carmen Integrat maestis late loca questibus implet Yea our Rachel had twice more cause to weep then Philomel for Philomel wept only because her Children were not but Rachel wept both because hers were not and because she must not be kin to them neither And surely her mourning had continued for ever had not in process of time the Tears of Women and the Beauty of Truth for what is stronger then Truth and women against Popery prevailed in England but could not in Scotland because Skene put it on the Father The Child not the Child of the Mother Natural affection no consideration to raise an Use to a natural Son but good to an Adulterate Son who is not so apt to weep as the Mother that he should be no Sib or Kin to his Son But will you not wonder My Lord Coke will present you with a couple of rarer absurdities if possible then this for he saith lib. 10. in Leonard Loveis his Case fol. 83. That if a Woman have a Bastard which he intends a Child not born of a Ceremonial Marriage that this Child is not in truth but only in reputation her Child And therewith agrees Dyer M. 17. 18. Eliz. fo 345. 12 Eliz. 290. And then he in his Commentaries and the Judges in Plowden's Commentaries agree in Sharington and Pledal's Case That if a Man in consideration of natural affection covenant to stand seized of such a piece of Land to the use of his Son this natural affection is a sufficient consideration to raise an Use as they call it and to vest the Estate in the Son though he were the Son of an Adulterer and not the Son of his reputed Father if his Mother were married by a Priest in a Temple and his reputed Father within the four Seas But if the Son be his true natural Son begotten by himself then the consideration of natural affection to his true Son is no consideration to raise an Use nor to pass the Land to him but the same is void and null In the first Case where there is no ground for natural affection they talk all of nature extolling her above all considerations and cry out Naturae vis maxima and Natura bis maxima and give away the Estate from the true natural Child to the false Child of the Adulterer Then in the latter Case where there is a just and righteous cause of natural affection commanded by God to Men and instincted by him to Beasts to provide for their own There they are void of natural affection their blind Eye of the Law must see the Infernal darkness of Fictions in the Law and be shut against the Sun of Truth They pretend the Law of Nature in their words but in their works omnia naturae contraria legibus ibunt Nothus made the true Son and the true Son made Nothus They will not allow natural affection of the true Father to his true natural Child to be a consideration to raise an Use in so much as one Acre of Land where they will allow it to the true Nothus and Fictitious Child of an Adulterer against whom probatio non admittitur in contrarium sufficient to invest him in the thousands of Acres of Seigniories and Baronies 'T is strange that Men who profess Law and Justice should not be ashamed of so gross and repugnant absurdities and contrary not only to all Law and Justice but common sence and reason Reasons shewing further that Mamzer in the Old Testament and Nothus in the New are falsly translated Bastard Mamzer Alienigena 1. The word Mamzer is by the best Criticks affirmed to signifie naturally and properly Alienigena seu de alienae gentis foemina natus And that Deut. 23.2 ought to be translated Alienigena non introibit and not Spurius non introibit or in English a Bastard shall not enter but the Translation ought to be in English An Alien born shall not enter into the Congregation of the Lord even to his tenth generation shall be not enter So as the Law here as the Laws of most other Nations do doth put a distinction in priviledge between Alien and Denizen born and not between unlawful and lawful born for an Alien is as lawfully born as a Denizen but hath not the same priviledge either as to Religion of entring into the Congregation or of acquiring propriety in the Land either by Purchase or Succession for if that should be permitted there would ensue the derision or corruption of all natural Religions by contrary Nations and the buying of one Nation out of their Land by another Enemy Nation who were richer in mony then they And that the intention as well as the words of the Law was only against Aliens born as appears manifestly by the next Verse in the same Chapter where it is said An Ammonite or a Moabite shall not enter into the Congregation of the Lord which as the verse before spake of Aliens in general speaks next of Aliens in special Ammonites and Moabites who being of kindred to the Israelites might have been doubted whether intended to be excluded under the general word Aliens which this naming them specially clears and likewise clears that it is intended the National and not the getting or birth of Children in private Families And this is manifest by the constant practice of the whole Israelitish Nation who had no such thing as Illegitimation of the Children of any Ebrew Woman but whether the Wives were one or many the Children all Succeeded alike to their natural Parents if the Father did not for any special reason or otherwise expresly
of Libels and Lampoons It increases unlearned Sects and Heresies who if drawn to Print would either not be able to form their Doctrine in Principles or Positions or if they were they would appear so absurd as would be fit to imploy boys to laugh at rather than Doctors to confute Such were Mahomet's whose Alchoran is not therefore suffered to be Printed or Translated 5. It causes the more dangerous way of spreading Heresies both learned and unlearned to be neglected how to prevent which is the secret creeping into private Houses leading Captive silly Women with whom they walk like the Pestilence in the dark whereas if they appeared in Print or publick Preaching they might be known where they are and opposed 6. It stops the truth of all intelligence which is so invaluable a Treasure and difficult to be got into the Gates of Princes 7. A free Press is the pulse of the Body politic from which is impossible for the wisest State-Physician to discern or prevent the public Distempers unless it is suffer'd to beat free without a Ligature 8. It stops all just causes of complaint and appeal of the Subject to the King and Parliament against Judges and great Officers both Spiritual and Temporal It was my own ill fortune to be prickt Sheriff of a County which enforced me to draw a Petition to be presented to the King and Parliament desiring some remedy against the old Popish Oath continued to be imposed on Sheriffs wherein they swear to destroy the Protestant Religion under the name of Lollary and likewise to be relieved against the extortions of Officers of the Exchequer on Sheriffs which not knowing how otherwise conveniently to Address I appointed the Messenger to get a License to Print which he tryed to do but though there was nothing in it but Humility and Truth as who dare present otherwise to the Legislative Power The Licenser Swore He would not License it for Five Hundred Guinneys whereby it could not be done 9. It stops all presentments by the People to the King and Parliament of public grievances in regard the extent of the Three Kingdoms is great and remote and therefore neither fit nor possible multitudes should come so far to present Petitions in person and if not done in person there are so many Papists and Foreign Agents and their favourers in the way as may and do often intercept from the King's knowledg the humble applications of his Protestant Subjects as is easie to do when perhaps comprised only in one sheet of Paper To avoid therefore the stifling of all just complaints of the Subjects and the ill consequences which have been too often occasioned thereby of presenting Petitions by Tumults and Armies It is far more safe and equal that the Press should be open to the People in all public Addresses to Supream Authority it being many times a sufficient satisfaction to them if they understand that the King and Parliament do but vouchsafe to hear their complaints and desires though they think it not fit to grant them And a Child will often times awe his Enemies from harming him if he do but threaten them he will tell his Father where they know he hath that liberty given him 10. It appears by experience That the Liberty of the Press in Holland and other Foreign States where permitted not only bring no inconveniences but very great benefits and advantages to the People By pretence of giving the King the name of Supremacy they have taken the Thing to themselves The word Supremacy is of so infinite Extent as it can properly be attributed to none but the Divine Power of God and the words Jurisdiction and Government with which it is joyned in the Stat. 1. Eliz. 1. which gives the Form of the Oath of Supremacy are of that Vast Latitude that in their large literal Sense they include all Legislative Judicial and Executive Power amongst men and the Subject matters over which it is exercised are all Divine and Human Rights yea what is more all things Spiritual and Ecclesiastical as well as Temporal circumscribed in nothing to difference it from the Papal Supremacy pretended over Heaven Earth and Hell but the Bounds of her Majesties Dominions within which no wise man ever believed Heaven and Hâ—ll to be contained though the Bishops under pretence of the same Supremacy given her Majesty which the Pope had have in the Royal name exercised the same not only in matters of Marriage Filiation and Succession concerning which I intend here only to contend with them but in all other matters of Oppression of the Consciences and Rights of the Subjects both as to Religion Liberty and Propriety as high as ever the Pope did though never any such Supremacy was intended either by the Statute or Oath to make Canons Judg or Execute but what hath before been or lawfully may be exercised or used so the word lawfully refers to time past as well as future and that neither Pope nor Bishops had ever any lawful Supremacy or Power to make or use Canons or Ecclesiastical Laws concerning Marriage Filiation or Succession but did the same by Usurpation in this Realm is sufficiently proved before against my Lord Coke's Ecclesiastical Law P. 31. and the Form of the Oath makes the Ecclesiastical Supremacy no higher than the Temporal Supremacy which every one knows in all Acts of Legislation is joyntly in the King and Parliament and not singly in either Estate And therefore Bishops can claim to exercise no Supremacy from one unless they have it from both nor of any matter which is not within the Kings Dominions or of any other human Power but only belongs to the Kingdom of God And that Pious Queen her Self who began her Reign with the Statute and Oath of Supremacy soon found the words so general and thereby obscure and the letter wrested to such extremity by Episcopal Expositions that she endeavour'd by a Subsequent Declaration published to have explained and limited according to the true intention but the same not being done by Act of Parliament became not of that Force was desired and left the Bishops more liberty to exercise more Supremacy in the Royal Name by pretence then was in truth intended in the Act or Oath And the subtlety wherewith they glossed their designs appears in the Act it self of which they were the chiefest contrivers For first they begin with a Nolo Episcopare alas as if they intended never to Episcopate or seek for Ecclesiastical Supremacy againâ— for they utterly abolish all Foreign Power which was the Popes and all usurped Power which was their own and annex all Spiritual and Ecclesiastical Jurisdiction to the Crown which includes the Jurisdiction of Marriage Filiation and Succession and many other matters for they knew if any part of the Supremacy had been left at Rome they could never have got it to Canterbury and though the one eased the Burden of the Subject no more than the other but rather by
between them and the Prince they never pretend any such thing as Consecration in either but a civil Contract obliged by mutual Oaths To shew some farther Authority therefore that never any Pope of Rome or Ralf of Canterbury or other Bishop had any Authority from Christ in the New or the Prophets or Priests in the Old Testament to make Tradition of a Crown to any Temporal Prince but the same belonged to the People or their Representative who were to be Subjects It is evident 1. as to Christ John 18.36 His Kingdom is not of this World 2. He never had any Crown but that of Thorns Matth. 27.29 Nor any Robes but the seamless Coat John 19.23 As to the Prophets and Priests in the Old Testament they never made Tradition of any Crown to any King of Israel or Judah but they received them from the People such as wore them and not from any Prophet or Priest for though Nunrod as is already mention'd alledged or feigned before his Usurpation of the first Monarchy that God shewed him miraculously a Crown in the Clouds and Constantine likewise alledged or feigned that God shewed him miraculously a Cross in the Clouds yet never any material Crown or Cross dropt from the Clouds neither doth it appear in Scripture or any History that any material Crown was ever by Miracle made by God or sent by any Prophet or Priest who should have Authority to make Tradition thereof and thereby give Investiture of a Kingdom nor Robes for though Gen. 3.21 God made Coats of Skins and clothed Adam and Matth. 6.30 clothed the Lillies yet it is before said Solomon in all his glory was not arrayed like one of these Which shews though God made the Lillies he made not Solomon's Robes And the Prophet Ahijah 1 Kings 11.30 though he prophesied the Kingdom to Jeroboam gave him neither Crown nor Robes but rather disrobed him for he caught his new Garment he bad on and rent it in twelve pieces and gave him ten of them And they were the People only that gave him the Investiture by Crown and Robes if those Ceremonies were at all used for it is said Cap. 12.20 The People sent and called him unto the Congregation and made him King over all Israel there was none that followed the House of David but the House of Judah only And Verse 24. It appears that this was from God yet were not the Priests hand in it to Crown him for they would not forsake the Sacrifice at Jerusalem which Verse 27. made Jeroboam to fear that if the people should go thither to sacrifice they would again return to Rehoboam and caused him for prevention to set up the two Golden Calves at Dan and Bethel As to the Coronation of Saul and David we find Saul had a Crown for the Amalekite 2 Sam. 1.10 who tells David he slew him saith I took the Crown that was upon his Head and the Bracelet that was on his Arm and have brought them hither unto my Lord. Coronation of Saul not by the Priest but People 1. It appears not that Samuel gave him this Crown neither is it probable for as hath been said before it appears not in any History that God ever sent a material Crown by any Prophet and as to the Jewish Priests Custom they could have none Saul being the first King in that Kingdom and Law they could have none for the Priest to make Tradition of the Crown to the King for Moses mentions no such thing therefore it was done by the People who were of necessity to shew their assent and acknowledgment by some external Ceremony of acknowledgment of their Governor which after the manner of the Nations after whose example they desired to have a King was by Tradition of a Crown and bringing him Presents which Presents appear 1 Sam. 10.27 to be made by the People and not the Priest for it is there said The Children of Belial said How shall this man save us and they despised him and brought him no Presents Coronation of David on a Conquest by himself As to the Coronation of David it was in a Kingdom he obtained by Conquest made by himself by taking the Crown from the Conquer'd King's Head and setting it on his own head without Prophet or Priest or Contract with the People 2 Sam. 12.26 And Joab fought against Rabbah of the Children of Ammon and took the Royal City And Joab sent Messengers to David and said I have fought against Rabbah and have taken the City of Waters Now therefore gather the rest of the People together and encamp against the City and take it lest I take the City and it be be called after my name And David gather'd all the People together and went to Rabbah and fought against it and took it And he took their Kings Crown from off his Head the weight whereof was a Talent of Gold with the Pretious Stones and it was set on David's Head Thus appears Coronation to be over a Conquer'd People Coronation of David on a Contract by the People but when David hath to do with a free People of Judah and Israel it appears he neither assumed the Crown himself with his own hand nor received Tradition or Investiture of any Prophet or Priest of the same but from the People on Contracts mutually agreed Yea not only the Crown but the Anointing it self which signified the Kingdoms was given by the People or which is all one by their Representative in Parliament and not by the Priest as will appear from the Texts following viz. 1 Sam. 16 13. where it is said concerning David when he was brought before Samuel Then Samuel took the Horn of Oil and anointed him in the midst of his Brethren and the Spirit of the Lord came on David from that day forward 2 Sam. 2.4 The men of Judah came and there they anointed David King over the House of Judah And 2 Sam. 5.1 Then came all the Tribes of Israel to David unto Hebron And Verse 3. So all the Elders of Israel came to the King to Hebron and King David made a League with them in Hebron before the Lord and they anointed David King over Israel And 1 Chron. 1.1 Then all Israel gather'd themselves to David unto Hebron And Verse 3. Therefore came all the Elders of Israel to the King to Hebron and David made a Covenant with them in Hebron before the Lord and they anointed David King over Israel according to the word of the Lord by Samuel By which appears first that the anointing by Samuel of David gave him no Investiture of the Kingdom for Saul was then alive but only he prophesied by this he should be King and Successor after Saul's death and by Miracle prepared and made him capable and fit to execute the Office by giving him from that time the Spirit of God which Miracle likewise followed the anointing of his Predecessor Saul 1 Sam. 10.1 to the 12th Verse But
Disciple for it is said when the Evening was come he was there alone but both Groves and High-places which were by Priests Consecrated for publick Conventions of Men and Women to Worship Publickly are commanded in Scripture to be destroyed Levit. 26.30 Hos 10.8 Amos 7.9 The first who built Temples were the old Egyptian Priests which they Dedicated to Priapus and drawing Women thither by Consecrated Whoredom thereby instituted the same the places of Publick Worship as well as of Marriage The next was Cecrops King of Athens who first in Greece instituted Marriage by a Priest in a Temple and with the same brought in the Publick Worship of Idols and Altars and Sacrifice for them whereby People were drawn from the Private and Omnipresential Worship of God to Marry and Worship Idols in Temples for the Gains of the Priests yet even amongst these Idolaters the wiser sort though Heathens understood these Pontifical Impostures but durst not speak against them as neither did Plato nor Aristotle Heathens believed the Omnipresence being warned by the Fate of Socrates though they many times express'd themselves that they believed the Omnipresence of God One desiring Demonax to go into the Temple of Esculapius to pray for the health of his Son Is he so deaf said he that he can hear no where but in a Temple Eras lib. 8. Apopth And Eratus the Greek Poet whom Paul cites speaks thus of Gods Omnipresence Plena sunt Jovis omnes Plateae Omnium etiam hominum Fora plenum est mare Pleni sunt Portus ubique Jove fruimur omnes Hujus enim genus sumus So the great Latine Poet Virgil Eclog. 3. Jovis omnia plena Ille colit terras illi mea Carmina curae Jove keeps the Earth all things full of him are And he even of my Verses taketh care Cato after the overthrow given by Caesar to Pompey of whose Party he was being advised to consult with the Oracle of Jupiter Hammon what course he were best take Answers thus Estne Dei sedes nisi Terra Pontus Aer Et coelum virtus superos quid'quaeritis ultra Jupiter est quocunque vides quocunque moveris Lucan Is Gods Seat other than Earth Sea and Air And Heaven and Vertue why do you despair And seek beyond who wheresoe're in these You go or see there to be found doth please It is not here affirmed as is already said That 't is unlawful for any to Marry or Worship by a Priest in a Temple or in a Publick Convention but it seems unlawful to compel any whose Conscience is dissentient or doubtful and that the Scriptures and Christ are so far from Compulsion that where Parties are not agreed they forbid so much as two or three to convene as Amos 3.3 Can two walk together except they agree and though they do agree yet single Prayer in private seems to be prefer'd as appears by what follows Prayer in Temples and Synagogues forbid by Christ and a distinction of the Place of Prayer and Preaching Commanded There is as little encouragement given by the Prophets in the Old Testament for Sacrifices Altars and Temples as there is by Christ in the New for Prayer and Sacrament in Synagogues and Temples Jer. 7.4 Trust ye not in lying words saying The Temple of the Lord the Temple of the Lord the Temple of the Lord these are Hos 8.14 Israel hath forgotten his Maker and buildeth Temples Revel 21.22 There was no Temple in the New Jerusalem nor was there any Temple in the Earthly Paradise more than in the Heavenly yet was Marriage instituted by God But hear next what he who saith Matth. 12.6 here is one greater than the Temple will say of Prayer in Synagogues which were the Jews Parochial Churches and Temples which were the Cathedrals John 4.21 Jesus talking with the Samaritan Woman saith unto her Believe me the hour cometh when ye shall neither in this Mountain nor in Jerusalem Worship the Father And Verse 23. The hour cometh and now is when the true Worshippers shall Worship the Father in Spirit and in Truth for the Father seeketh such to Worship him And they that Worship him must Worship him in Spirit and Truth 'T is granted the Jews set up a Local Worship in Synagogues and Temples but this Judaisme Christ expressly saith the hour was then come that it must be abolish'd and all Jewish Ceremonial Law and the Temple it self he foretold in the future there should not be left one stone upon another That he forbids a Prayer to be made in Synagogues Temples or any other publick Place and commands the same to be made privately in the Closet appears Matth. 6.5 When thou prayest thou shalt not be as the Hypocrites are for they love to pray standing in the Synagogues and in the Corners of the Streets that they may be seen of Men. Verily I say unto you they have their reward But when thou prayest enter into thy Closet and when thou hast shut thy door pray to thy Father which is in secret and thy Father which seeth in secret shall reward thee openly The Jewish Synagogues were their Churches or Temples having a lesser or Parochial Jurisdiction and the Cathedral Church or great Temple having the National Jurisdiction but Prayer in both is abolished by Christ It is granted that in both the lesser and the greater Christ used to Teach as it is said Matth. 4.23 And Jesus went about all Galilee teaching in their Synagogues and preaching the Gospel of the Kingdom and healing all manner of sickness and all manner of Diseases amongst the People And Mar. 14.49 he saith of himself I was daily teaching in the Temple And the avoiding of publick Prayer he taught not only by his Precept but Example for we never find that he so much as Convened the Twelve who were his own Family to pray with him but Mark 1.35 He went out and departed into a solitary place and there prayed And Matth. 14.23 He went up into a Mountain apart to pray and when the Evening was come he was there alone And Matth. 26.36 Then cometh Jesus with them unto a place called Gethsemane and saith unto the Disciples Sit ye here while I go and pray yonder Whereby it is clear that Christ both by Precept and Example taught there ought a distinction to be made between the place of Preaching and Prayer the one to be publick the other to be private the one to be in conventions the other to be single and alone and if he prohibited the contrary to any who were free he much more prohibited any should be compell'd Then as to Non-Communicants 't is manifest Christ never instituted the Sacrament in a Church or Temple nor appointed the same to be after Celebrated there for he instituted it in a private House and no company with him but his own private Family with him as Matth. 26.17 It is said Now the first day of the Feast of unlevened bread the Disciples
Language of the Beast into Great Britain and Ireland to infect with the same Plague all Judicatures of these Noble Kingdoms vid. How Satisdation before Judgment came in the Authorities cited Calv. Lex tit vocare They Pledg before Summons Summon before Copy Copy before Oath Punish before Contumacy Judg before Hearing or Probation and Arrest before Judgment It cannot be here objected That I proceed partially against Ecclesiastical Judges seeing the Temporal are here equally Taxed with the same Errors and I contend with the Vices and not with the Persons of either Yet so much I may affirm for Truth and shall after prove against Ecclesiastical Judges that the Papal and Episcopal Forms of Preposteration of Execution before Judgment by beginning the Original Process with Attachments Distresses Exactions of Pledges Bail Mainprize Penalties Forfeitures Confiscations Arrests and Imprisonments before a Coppy of the Declaration given and before Oath of Calumny Hearing Probation or Judgment and Outlawries and Excommunicato Capiendos both before and after Judgment were Originally brought both in the Ecclesiastical and Temporal Courts of the Kingdom of Great Britain and Ireland by Romish Bishops and Priests and Parliaments in time of Popery have been so far deceived by them to confirm their Superstitious Formularies in the Temporal Courts in so high a degree as now the Temporal Judges are not able to Reform without the Assistance of an Act of Parliament But I shall first prove that the said Forms are contrary to the Scriptures and Anti-Christian The Texts of Scripture follow Job 24.3 They drive away the Ass of the Fatherless and take the Widows Ox for a Pledg Verse 9. They pluck the Fatherless from the breast and take a. Pledg of the Poor Ezek. 18.7 And hath not Oppressed any but Restored to the Debtour his Pledg Ezek. 33.15 If the Wicked restore the Pledg give again that be had Robbed Amos 2.8 And they lay themselves down upon Cloaths laid to Pledg Psal 37.21 The Wicked borroweth and payeth not again Matth. 5.25 Agree with thine Adversary quickly while thou art in the may with him lest at any time the Adversary deliver thee to the Judg and the Judg deliver thee to the Officer and thou be cast into Prison Verily I say unto thee Thou shalt by no means come out thence till thou hast paid the uttermost Farthing Matth. 18.15 If thy Brother trespâ—ss against thee go and tell him his fault between thee and him alone if he shall hear thee thou hast gained thy Brother But if he will not hear thee then take with thee one or two that in the Mouth of two or three Witnesses every word may be established And if he shall neglect to hear them tell it unto the Church but if he neglect to hear the Church let him be to thee as an Heathen man and a Publican After the Servant who had been forgiven by his Lord Ten Thousand Talents Verse 28 Went out and found one of his fellow-servants which ought him an Hundred Pence and he laid hands on him and took him by the Throat saying Pay me that thou owest And his fellow-servant fell down at his feet and besought him saying Have patience with me and I will pay thee all And he would not but went and cast him into Prison till be should pay the Debt Verse 32. Then his Lord after that he had called him said unto him O thou wicked Servant I forgave thee all that Debt because thou desiredst me Shouldest not thou also have had compassion on thy fellow-servant even as I had pity on thee And his Lord was wroth and delivered him to the Tormenters till he should pay all that was due unto him As to Criminal Proceeding the Texts are 1 Tim. 5.19 Against an Elder receive not an Accusation unless under two or three Witnesses Numb 35.30 Whoso killeth any Person the Murderer shall be put to death by the mouth of Witnesses but one Witness shall not Testisie against any Person to cause him to die Moreover ye shall take no satisfaction for the life of a Murderer which is guilty of death but he shall be surely put to death Deuter. 17.8 If there arise a matter too hard for thee in Judgment between Blood and Blood between Plea and Plea and between Stroke and Stroke being matters of Controversie within thy Gates then shalt thou arise and get thee up into the place which the Lord thy God shall chuse And thou shalt come unto the Priests the Levites and unto the Judg that shall be in those days and enquire and they shall shew thee the Sentence of Judgment From all which may be infer'd 1. That no man ought to be Summon'd before a Judg till a Copy of the Plaintiffs Declaration be first given him For Christ saith If thy Brother Trespass against thee go and tell him his Fault between thee and him alone which is fully performed by giving him a Copy of the Declaration or Bill of Complaint and without it the same cannot be done nor the full State of the Case be Represented to him nor he take time of deliberation for an Answer And from this Precept of Christ will follow first the Ordaining of Editio vocatio in jus simul ex continenti by the Popish Theodor an Bishops in the Civil Law is a corruption and destroying of the Excellent Law of the Twelve Tables Si in jus voces atque eat which is already proved to have implied a Preceding Oblatio Libelli and was the clear Law of Nature and immutable in all Civil Actions 2. That the Law of Scotland of including the Libel in the Summons though it far excel our Summons by Writs yet it is not so perfect as the Precepts of Christ to make the Oblatio Libelli or to give the Copy of the Declaration to the Defendant before Summons for first he must be forced to send many times Hundreds of Miles to a Judg to get a Summons before the Return of which all the business if there is no Contumacy may be far better agreed and ended between him and his Brother at home Secondly If there is no Contumacy as there can be none before a Copy of the Declaration delivered by which the Demand is made it is unjust to lay such a Punishment on a Defendant to run Hundreds of Miles to his great Cost and Trouble in England to appear before a Judg at Westminster and when he comes there no Bill in Chancery nor any Declaration at Common Law is put against him And in Scotland to appear at Edenburgh at a longer day when he was ready and tender'd to satisfie his Brother at home in a shorter and he refused only to put him to Charge and Vexation Thirdly It is unreasonable and unjust that the Plaintiff should be compell'd to send so far for such a Trivial Formality as the hand of a Judg to his Libell'd Summons or to expect no Judicial assistance from it if he gratis make Oblatio Libelli as
Seas alas so many Flames can quench The Romish Tyrant on Tarpeia smil'd To see the Brittish Priests thus both beguil'd When they have sent each other unto Hell Saith he by mutual wounds hark what I tell Lest they want Fire should in the Pit profound I will them both alive burn above ground Behold the Jest the peeping Mouse and Frog With Bulrush fighting are on Hill and Bog Like Kite mean while hid in a Cloudy Day With soft mov'd Wings I 'le soar about my Prey So I at length the Croaking Frog shall gull And Mouse ridiculous in pieces pull I shall proceed next to the Form and whole Nature of Excommunication and the further manifold mischiefs it brings to all Protestant-Churches which shews Bishops who use it are neither sit Judges of Marriage nor of any thing else The Form of the Jewish Excommunication By Decree of the Cities and Command of the Saints We Anathematize and Adjure Exterminate Excommunicate Curse and Execrate by the Will of God and the Church by the Book of this Law by the Six Hundred and Thirteen Precepts written in the same by the Anathema wherein Joshua Anathematized Jericho by the Curse wherewith Elisha Cursed the Children and by the Curse wherewith he Cursed Gehazi his Boy and by the Excommunication wherewith Baruch Excommunicated Merath and by the Excommunication which the men of the great Synagogue use and by the Excommunication which Rabbi Jehuda the Son of Rabbi Jehezkiel used in this matter and by all the Anathemata's Imprecations Burnings Excommunications and Exterminations which have been from the time of our Master Moses and since by the name of Acetheriel Jah Lord of Hosts by the name of Michael the Great Prince by the name of Mittraton whose name is as the name of his Master by the name Sandalipon who Binds the Bindings by his Lord by the name of the name of Forty-Two Letters by the name of him who appeared to Moses in the Bush by the name by which Moses divided the Red-Sea by the name of Four Letters by the Writing which is Writon the Tables by the name of the Lord of Hosts the God of Israel sitting on the Cherubin by the name of the Sphaeres and Circles and the Holy living Creatures and Ministring Angels by the name of all the Angels which Minister to the Supreme God let every Israelite and Israelitess wittingly or willing violating any of the things denounced to be observed be Cursed to the God of Israel sitting on the Cherubims let him be Accursed by the Name Glorious and Bright which the High-Priest expresseth in the Day of Expiations let him be Cursed by Heaven and Earth let him be Accursed by the Omnipotent God let him be Accursed of Michael the Great Prince let him be Accursed of Mittraton whose name is as the name of his Master let him be Accursed as Acetheriel Jah Lord of Hosts let him be Accursed of the Seraphim and the Orbes and Holy living Creatures and Angels who Minister before the Supreme God in Holiness and Cleanness If he was born in the Month Nisan which the Angel called Vriel as Prince of the Rank under which he is Governs let him be Accursed of him and all his Rank and if he was born in the Month Jier which the Angel called Trephaniel as Prince of the Rank under which he is Governs let him be Accursed of him and all his Rank and if he is born under the Month Sivan c. this Cursing runs through every Month one after another in the same words Then follows Let him be Accursed of the Seven Angels set over the Seven Days of the Week and of all their Ranks and helping Powers let him be Accursed of the Four Angels set over the Four Quarters of the Year and of all their Ranks and helping Powers let him be Accursed of the Seven Palaces let him be Accursed of the Princes of the Law in the name of the Crown and in the name of the Seal let him be Accursed of the Great God strong and bright let their be Confusion of his Seed let him fall with a swift Ruin let the God the God of the Spirits of all Flesh destroy and cast him away let the God the God of the Spirits of all Flesh subdue him let the God the God of the Spirits of all Flesh overthrow him let the God the God of the Spirits of all Flesh keep him down let the Wrath of the Lord and a violent Whirlwind fall on the head of the Wicked let the Angel of Destruction fall upon him let him be Accursed in all things to which he sets himself let his Soul depart in Terror let him die of the Quinsey let not his Breath go out nor return with the Consumption Fever Burning Drought let him be smitten with the Sword with pining away with the Jaundice nor before his Destruction be freed from them let his Sword enter into his heart and let his Bow be broken let him be as Dust before the Wind and let the Angel of the Lord scatter him let his way be Darkness and Slipperiness and the Angel of the Lord persecute him let unlooked-for Desolation come upon him and let the Net which he hath hid take him let them Expell him from the Light into Darkness and from the habitual World they shall Banish him Tribulation and Straights shall terrifie him his Eyes shall see his own Destruction and he shall drink the Wrath of the Almighty let him put on Cursings as a Garment let him devour the strength of his Skin also God shall scatter him for ever and shall root him out of his Tabernacle The Lord will not rest to forgive him but the Wrath of the Lord and his Jealousie shall smoak against that man and all the Curses which are written in the Book of this Law shall lie upon him for Evil out of all the Tribes of Israel according to all the Curses of the Covenant which are written in the Law But you who adhere to the Lord your God bless you this Day he who blessed Abraham Isaac Jacob Moses and Aaron David and Solomon and the Prophets of Israel and those who amongst the Nations are Holy bless this Holy Congregation and all other Holy Congregations Except only He who shâ—ll break this Curse God of his mercy keep them and make them safe and take them out of all trouble and misery and Prolong their Days and their Years and send his Blessing and a prosperous Wind to the Work of their Hands and let Him Revenge them speedily with all other Israelites and so let his Will and Decree be Amen Seld. de Jur. Nat. Gent. Juxt Discip Ebr. lib. 4. Cap. 7.527 The Form of the Greek Excommunication against Thieves If they Restore not to him that which is his own and possess him peaceably of it but suffer him to remain Injured and Damnified Let him be Separate from the Lord God Creator and be Accursed and Unpardoned and undissolvable after
Death in this World and in the other which is to come let Wood Stones and Iron be dissolved but not they May they Inherit the Leprosie of Gehazi and the Confusion of Judas may the Earth be Divided and Devour them like Dathan and Abiram may they Sigh and Tremble on Earth like Cain and the Wrath of God be upon their Heads and Countenances may they see nothing of that for which they Labour and Beg their Bread all the Days of their Lives may their Works Possessions Labours and Services be Accursed always without Effect or Success and blown away like Dust may they have the Curses of the Holy and Righteous Patriarchs Abraham Isaac and Jacob of the Three Hundred and Eighteen Saints who were the Divine Fathers of the Synod of Nice and of all other Holy Synods and being without the Church of Christ let no man administer the things of the Church or Bless them or give the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Blessed Bread or Eat or Drink or Work with them or Converse with them â—nd after Death let no man Bury them in penalty of being under the same State of Excommunication for so let them remain until they have performed what is herein Written The Form of the Popes Excommunication against Queen Elizabeth Pius Bishop Servant of Gods Servants c. She Queen Elizabeth hath clean put away the Sacrifice of the Mass Prayers Fastings choice or difference of Meats and single Life she possessing the Kingdom and by Usurping the place of the Supreme Head of the Church in all England and the chief Authority and Jurisdiction of the same hath again brought the said Realm into miserable Destruction Unto her all such as are the worst of the People resort and are by her received into safe Protection c. We do declare That the said Elizabeth and as many as stand on her side in the matter above-named have incur'd the Sentence of our Curse We also declare That we have Deprived her from that Right she pretended to have in the Kingdom aforesaid and also from all and every her Authority Dignity and Privilege We charge and forbid all and every the Nobles and Subjects and People and others aforesaid that they be not so hardy as to obey her or her Admonitions Commandments or Laws upon pain of the like Curse upon them We pronounce That all whosoever by any occasion have taken their Oath unto her are for ever discharged of such their Oath and also from all Fealty and Service which was due to her by Reason of her Government c. All the said Forms of Excommunications Wicked and Anti-Christian Forms of Excommunication Wicked and Anti-Christian As to which Forms of Jewish Greckish and Romish Excommunications they are all Wicked and liable to their several Exceptions 1. The Jewish and Greekish praying for Curses to Angels and Saints fall into the Crimes of Angelolatry Idolatry and Daemonolatry for it is manifest if they on malicious Prayers of men do any Malefice to any of Gods Creatures they are Evil and not Good Angels 2. They ramble together a company of Angels names not knowing whether there are any of the Names or Offices they assign them or not or whether they are Angels or Daemons transformed 3. They pray for the Curse of Gehazi which was to him and his Seed whereas God declareth he will not punish the Sins of the Parents on the Children therefore they can pray for the Curse of Gehazi to none but Daemons 4. All the three Curses both Jewish Greekish and Romish are Anti-Christian No such word as Excommunication in the whole Scripture for Christ commands to Bless and not to Curse I suppose therefore none will dare to use any of these Forms in England nor if they are true Christians will they dare to coin a Form of their own Heads there being not so much as the word Excommunication used in the whole Scripture nor Pattern or Precept of a Form from Christ who gave a Form of Prayer to forgive Trespassors but none to Curse or Excommunicate them The Form of Proce ding to Excommunication is set down by several Writers concerning our Ecclesiastical Courts as appears in Linwood 500. That anciently when the King and the Sheriffs did continue Communion with the Excommunicates or let them out of Prison This may as well prove Bell Book and Candle to be from Christ as Excommunication contemning all the Keys of the Church the Bishop renewed his Sentence by the highest Romish Ceremonies of Bell Book and Candle for so is the Canterbury Canon Huic ergo morbo congruum voâ—entes adhibere remedium Statuimus quod Excommunicati sic capti ac taliter excuntes de Carcere ad majorem detestationem liberatorum liberantium publicè solemniter pulsatâ—s campanis candelis accensis excommunicentur These were the Form of Ceremonial Acts but I find no Provincial or Common-Law-Author which sets down any Form of words to be used in Excommunication only there is a blind old Certificate of the Arch-Bishop lib. Intra 320. The Form of the Arch-Bishop Certificate of Excommunication in this Form recited Vniversis singulis Justic ' Domini Regis aliis Christi fidelibus quibuscunque praesentes literas visuris audituris salut ' fid ' indubiam prosecutionis adhiberi sicut ovis morbida ab ovili penitus ejiciend ' ne aliis infectiva reddatur sic Excommunicati sunt à Communibus actibus excludend ' ut ex hoc Censura Ecclesiastica magis teneantur Excommunicat ' hujusmodi rubor ' confusi ad reconciliac ' gratiam citius inclinentur Vniversitat ' igitur vestrae notitiae deducimus per praesentes quod frat ' I. Prior Priorat ' de L. nostrae Dioc ' propter suas manifestas multiplicat ' contumac ' rebelliones offensas non parend ' certis monitionibus licitis canonic ' authoritat ' nostra ordinaria sibi fact ' in Mens ' M. ult praeterit ' suit est majore Excommunicationis sententia eadem nostra authoritat ' ordinar ' innodatus pro sic Excommunicato publ ' denunciatus eadem sententia excommunicatus per immodica tempora perseveraverit perseverat animo pertinaciter indurato Dat' sub sigillo nostro c. But here is nothing shews the Form of the words of Excommunication used by the Arch-Bishop Form of words of Excommunication 1648. In the late times of Usurpation Aug. Anno 1648. cap. 118. The new coigned Form of words of Excommunication appears to be this Whereas thou N. hast been by sufficient proof convinced here mention the Sin and after due Admonition and Prayer remainest obstinate without any Evidence or Sign of true Repentance Therefore in the name of the Lord Jesus Christ and before this Congregation I Pronounce and Declare Thee N. Excommunicate and shut out from the Communion of the Faithful After the Denunciation of this Sentence the People
Authority from them and that they were chosen and called by their several Congregations or what is all one Cities or Parishes and not by the Emperor or Prince till Constantine to corrupt them under pretence of prevention of Schisms and Heresies which he thereby encreased took away the free Election of the People of their Pastors which they had always before enjoyed to make them Pensioners and the Christians Mercenaries to Fight all their Quarrels Right or Wrong That Presbyters were only Parochial and not Provincial is not doubted That Bishops were all one with Presbyters and therefore were Parochial and not Provincial A Bishop and a Presbyter all one is proved first by the Authority of Jerome who saith ad Tit. Cap. 1. That a Bishop and Presbyter was all one And that it may not depend solely on humane Authority this is proved by the words of Paul to the Philippians Chap. 1. 1. Paul and Timotheus the Servants of Jesus Christ to all the Saints in Christ Jesus which are at Philippi with the Bishops and Deacons Grace be unto you and Peace Now Philippi is one of the Cities of Macedonia and in one City there could not be many Bishops unless they were Parochial and not Diocesan or Provincial and the same the Presbyters were Acts 20.17 It is said Paul from Miletum sent to Ephesus and called the Elders of the Church and verse 27. he saith to them For I have not shunned to declare unto you the whole Counsel of God Take heed therefore unto your selves and to all the Flock over the which the Holy-Ghost hath made you Bishops to feed the Church of God which he hath purchased with his own Blood For I know this that after my Departing shall grievous Wolves enter in among you not sparing the Flock Here appears that the same Persons whom Paul first verse 17. calls Elders Presbyters of Ephesus he after in the same Chapter verse 27. calls Bishops or Overseers And 1 Pet. 5.1 The Elders which are among you I Exhort who am also an Elder and a Witness of the sufferings of Christ and also a partaker of the Glory which shall be revealed Feed the Flock of God taking the oversight thereof not by constraint but willingly not for filthy Lucre but of a ready mind Neither as being Lords over God's Heritage but being Examples to the Flock From which Scripture appears 1. That the great Apostle Peter himself from whom the Bishop of Rome pretends his Succession to Imperial Supremacy Bishops ought not to be Lords calls himself no more than an Elder or Presbyter and that he had other Co-presbyters with him 2. That these Presbyters who are now call'd Bishops ought not to be Lord Bishops for the words are they are not to be Lords of Gods Heritage In one Chapter of Mahomets it is forbidden to all Persons of what Quality soever to call themselves in any sort Lords except the great Caliph or great Bishop the Successor of Mahomet who at the first was the only Lordly Monarch and Lord of all giving unto Kings and Princes their Principalities and Kingdoms during pleasure untill that the Ottoman Princes the Cundes and the Kings of the higher part of Asia and Africk by little and little Exempted themselves out of their Power by Reason of the Division between them and the Anti-Caliphs Bod. 203. 3. That they ought not to have Temporal Baronies for they are not to take charge of Souls for filthy Lucre but of ready mind 4. That they ought neither to Counterfeit a Nolo Episcopare when they take Baronies nor to Refuse the Charge of Souls when they have none for the words are not by constraint but willingly Cranmer That Bishops were Presbyters and chosen by the Parish And it is likewise acknowledged by that Pious Protestant Martyr Arch-Bishop Cranmer though he were a Provincial and chosen by the King himself yet That amongst the Primitive Christians the Bishops were chosen by the Congregations and were all one with Presbyters From all which Premises these Sequels follow 1. That if a Bishop were chosen by his City or Parish he came not in Jure Divino but by human Election and was only a Servant and not a Lord of the City or Parish 2. That he had no Sign of Mission from God unless he had a Gift of Miracles 3. That he could not Excommunicate any of his own Parish for the Inferior cannot Excommunicate the Superior and Electors are Superiors to Persons Elected and the Host is Superior in his own House to the Guest and he who gives the Pension to the Pensioner Bishops cannot Excommunicate 4. That a Bishop Elected by the People cannot on Excommunication deliver any Person to Satan without the Gift of Miracles as a Sign of Mission for Nemo potest plus Juris ad alium Transferre quà m ipse habet the Electors themselves had no Power to deliver to Satan therefore Bishops Elected by them cannot without Miracle 5. Though he hath the Power of Miracles to deliver the Body to Satan he cannot deliver the Soul nor can he have any Sign of Mission to do the same for that is a Prerogative inseparable from the Person of God to send the Soul to Heaven or Hell and Inter insignia imperii which cannot be Delegated 6. That as a Bishop cannot Excommunicate a Citizen or Parishioner who Elected him so he can much less Excommunicate a King or Interdict a Kingdom who if he had any Jurisdiction at all can be no greater than within the Petty Bounds of his City or Parish and cannot extend to Empires or Kingdoms 7. That he can give no Consecration or Ordination to a Bishop or Priest for where the Office ought to go by Election of the People it cannot go by Ordination of the Bishop and where it goes by human Election it cannot go by Consecration and after the Gift of Miracles ceased both the Election by Missioners from God and Consecration and Ordination likewise ceased Subjects free from Superstition the safety of the Prince 8. That 't is a great Safety to Princes to have their Subjects well Educated and Instructed against the Superstition and Popery of Consecration Ordination and Excommunication of Bishops and Priests for by this only means we see the Grand Seignior though he Tolerates a multitude of Sects and Religions in his Empire yet he is endanger'd by none because all Mahumetan Priests are chosen by the Parish and though they are in great Reverence of the People yet they have neither Consecration nor Ordination but continue as perfect Lay-men as our Ordinary Clerks of our Parishes and much less have they Power of Excommunication or Absolution but Preach That those that Fight Valiantly and Die in the Field for their Prince and Prophet go to Paradise and who slie Cowardly go to Hell whereby none of his People are Educated in the Superstition of Pontifical Excommunication and therefore fear it not but deride it And for the Greck