as they agree And at the end of the time they are free and may leave each other without other agreement The Tartars by reason of their Plurality of Wives have a multitude of Children In Monomotapa they Marry as many Wives as they will but the first is the Principal and her Children only to inherit The Mogul hath a Thousand the Turk is said to have three Thousand Women Amongst Barbarians mention is made of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a People where Women had many Husbands and amongst the Medes which dwelt in the Mountains 't is said a Woman had five Husbands at once It is said that the Lacedemonians had anciently a Custom that one Woman should have two Husbands one to go to War the other to abide at home In Malabar the Women have many Husbands either at once or successively and if at once they send their Children to them whom they think have most right to them In Calicut some Women are related to have six or seven Husbands and they Father their Children on which of them they please The Anses had Women in common and the Child was to be reputed his with whom the Woman chose to live Some report that Gorgophan Daughter to Perseus about Anno Mundi 2630. Second Marriage was the first Woman who Married a Second Husband When Myrrha fell in love with her Father Cynara Gentes esse feruntur in quibus nato genitrix nata parenti jungitur Pietas geminato crescit amore Incest Ovid Metam lib. 10. The Babylonians allowed Marriage of Parents and Children Justin lib. 1. saith That Semiramis was kill'd by Ninus her Son because she would have lain with him but Orosius lib. 1. cap. 4. affirms That she was Married with her Son Curtius lib. 8. saith In Regionem quam Naura appellant Rex cum toto exercitu venit Satrapas erat Sysimithres duobus ex sua matre filiis genitis quippe apud illos licitum parentibus stupro coire cum liberis Alexander came with his whole Army into a Region called Naura where was a Satrapas called Sysimithres who had two Sons whom he begat of his own Mother For with them it 's held lawful for Children to lie with their Parents This Sysimithres together with her who was his Mother and Wife being possessed of an impregnable Rock scituate in the pass into his Country opposed Alexander in his entrance and being Summon'd by him to yeild he himself assented but was over-ruled by the same Incestuous Woman his Mother and Wife who said She would rather die then yield so much more valiant was she then he but in the end he over-ruled her and yeilded his Fort and was content his two Sons should militate under Alexander who took them with him as a kind of a wicked Rarity Plutarch saith That the Cimbri married their own Daughters which Custom was taken from them by Marius who overcame them in Germany and triumphed over them The Quitteve or King of Sofala hath an Hundred Women Queens and Concubines and many of them his Aunts Couzins Sisters Daughters all whom he useth saying His Sons by them are the truest Heirs to the Kingdom because no mixture of blood But none but the King on pain of death may marry Sister or Daughter Jo. dos Sanctus At Cape Gonsalvetz they have a filthy Custom that the King when his Daughters are grown takes and keeps them for his Wives and the Queens in like manner take their Sons when they are grown up and make use of them as Husbands In Aegypt some of the Ptolomies married with their Sisters and as it seems by Seneca such Marriages were not unusual at Alexandria for he saith Athenis dimidium licet Alexandriae totum and as Turnelius affirmeth at Athens they might Marry their own Sisters by the Father such as Abraham Gen. Cap. 20.12 said of Sarah She is the Daughter of my Father but not the Daughter of my Mother and she became my Wife Whereby you see Abraham is censur'd by the Doctrine of Seneca as an Incestuous Person but Lycurgus permitted Sisters only to Marry by the Mother's side but forbid to Marry Sisters of the Father's side And Arnobius contra Gent. saith That Incest was allowed amongst many Nations of whom Alex. ab Alex. lib. 1. gen dier C. 24. hath made a Catalogue Cambyses amongst the Persians married his Sister so did Artaxerxes so did Darius and in Aegypt so did Ptolomeus Philadelphus at Rome Claudius with Agrippina his Brother's Daughter and Caracalla with his step-Mother Opian the Poet saith That Caracalla Married Julia his own Mother When Cambyses had a mind to Marry his Sister he advised with the Magi to know whether the Laws did allow it who answer'd They knew no Law which did allow it But there was a Law which allowed the King of Persia to do what he would Yapangoi the Father of Guagna Capa was the first Ingua of Peru who married his Sister that Ingua's might do it and commanding his own Children to do it permitting the Noblemen also to Marry their Sisters by the Father's side Other Incest in the line ascendent or descending and Adulteries were punished with death The chast Artemisia was the Wife and Sister of Mausolus Diique suas habuere sorores Vt Saturnus Opim junctam sibi sanguine junxit Oceanus Tethin Junonem Rector Olympi Ovid Metamor 9. In Pozo in America they marry with their Neices and Sisters The Chinois heed no degrees of Affinity or Consanguinity so the Sirnames differ and therefore marry into the Mother's kindred be it almost never so near If a Tartar die his Son may marry all his Wives except his own Mother and Sisters so it is lawful for a Brother to marry the Widow of his Brother Polo Pliny in an Epistle to Loratius saith That the Athenians did use to marry Brothers and Sisters but yet did not permit Uncles to marry their Neices nor Aunts their Nephews Aemilius Probus speaking of Cymon's Marrying his Sister Elpinice Habuit autem in Matrimonio sororem nomine Elpinicen non magis amore quam patrio more ductus nam Atheniensibus licet eodem patre natas uxores ducere The Arabians had anciently a Custom that one should be Wife to all her Brothers whereby they become all Brethren and the eldest should lie with her at Night and at Day the other Every one as they came first set his Staff at her door to give notice to the rest to forbear whereby they were all Brethrâ—n An Adulterer was punish'd amongst them with death The Britains had Ten or Twelve Wives apeice as Caesar saith which they held common amongst Brothers and Parents and Dio saith The Children thus begotten were brought up in common amongst them Eusebius saith That many Britains kept one Wife in common In Arabia the Happy it 's accounted Adultery to lye with any Woman except of their own kindred as Sisters Mothers Cousins and the like whom they likewise take to be Wives It
years be expired they may do it without offending God if they both agree to it If you cause your Children to be Nursed by other Women than your own Wives God will not be offended in giving them their Sallary according to reason and honesty Fear God and know that he seeth whatever you do Alchor c. 2. p. 23. Of Legitimation and Succession of Children All the Children the Mahometans have by their Wives or Slaves are alike Legitimate and succeed to the Father's Goods in such manner as did the Twelve Sons of Jacob. And the Grand Seignior of the Turks himself esteemeth her though she be a Bond-woman his Sultana or Empress who bringeth him the first Son who is likewise Heir to the Empire though never any Ceremonies of marriage by a Priest or in a Temple were used Of Succession of Children to the Goods of Parents and of Parents to theirs and of Collateral Heirs God recommendeth to you your Children The Son shall have as much as two Daughters if there be more then two Daughters they shall have two thirds of the Succession of the Dead if there be but one she shall have the moyity and her kindred a sixth part of what shall be left by the Dead If there be no Children and the kindred be Heirs the Mother of the dead shall have a third if there be Brethren the Mother shall have a sixth after satisfaction of Legacies contained in the Testament and of debts You understand to whom it is most requisite to do good to your Children or to your Father and Mother give them the Portion ordained of God the moyity of what their Wives shall leave belongerh to you if they have no Children If they have you shall give the fourth part of what they shall leave after payment of the Legacies and Debts they shall have the fourth of your Succession if you have no Children if you have they shall have the Eighth Portion If a Man and a Woman be Heirs of each other and have neither Father nor Mother nor Children and have a Brother or Sister each of them shall have a sixth part of the Succession if they be more they shall share the Third after payment of Legacies and Debts without fraud following what God hath ordained He knoweth all your actions and is prudent in what he ordaineth it is God ordained by his Divine Majesty he that shall obey him and his Prophet shall enter into Paradise where many Rivers flow and shall dwell in Eternal felicity He that shall disobey God and his Prophet shall be cast Head-long into the fire of Hell where he shall suffer ignominious Torments Alchor cap. 4. pag. 48 49. Of Succession of Brothers and Sisters If a Man decease without Issue and hath a Sister she shall have a moyity of what he shall leave and shall Inherit it if he hath no Children If they be two Sisters they shall have two Thirds of what the deceased left If they be many Brothers and many Sisters the Son shall have as much as Two Daughters God teacheth you his Commandments depart not from the right way he is Omniscient Alchor cap. 4. p. 64. Of Fornication Those that know no other Women but their own and their slaves These Mahomet numbers amongst the Righteous Alchor cap. 70. p. 362. If you desire Women for Money and neither commit Concubinage nor Adultery give them Salary for which you shall agree so you shall not offend God He that shall not be able to espouse Women of a free condition shall marry such Women and Maids as are slaves The marriage of slaves is for them that fear Whoredom Alchor cap. 4. Of Desertion by Wives of their Husbands If Women fly from their Husbands they shall be brought again to them which is a thing reasonable they ought to honour them and their Husbands likewise ought to honour them but the Husbands have a degree of advantage above them God is Omnipotent and most Wise in what he ordaineth Alchor cap. 2. pag. 22. Of Adultery by Wives If your Wives commit Adultery take four Witnesses of their fault that be of your Religion if they bear witness keep them Prisoners in your Houses until death or until God shall otherwise ordain If they Repent of their fault do them no harm God is Gracious and Merciful to them that Repent Alchor cap. 1. p. 49. Of Divorce When you shall repudiate your Wives appoint them the time they must tarry before they again marry take them with civility and modesty and in like manner dismiss them give them presents according to your ability and take them not to abuse or torment them They that do thus offend their own Souls Alchor cap. 2. pag. 22. He that hath repudiated his Wife thrice shall not resume her until she hath been married to another who hath Divorced her Alchor c 2. p. 22. Then they may return to each other again and marry without sin ibid. If the Women Divorced be with Child allow them what is necessary for them till they be delivered if they desire to Nurse their Children you shall give them an honest Salary if ye like not this ye shall cause them to be Nursed by another whose pains ye shall reward if ye be not wealthy ye shall allow according to your power Alchor cap. 66. Of the time Women are to tarry before a second Marriage Widows shall tarry four Months and ten Nights after the death of their Husbands before they marry again Alchor cap. 2. pag. 23. The like time required after Divorce The word Alchoran signifies a Collection of these Laws of Mahomet concerning Marriage and Succession which seem to be no other but a Collection of some old Arabic customs which he as well as the Pope and many other Legislators to insnare the consciences of the Ignorant Superstitious counterfeited to come from God in which though each of the Persons are equally guilty of Blasphemy yet as to the Laws the Mahometan far excel the Pontificial And pardon me if I think our own Municipal Laws derived from so impure a Legislator as Rome For first here is in these Arabic customs no Dispensation of what is truly Incest by the Law of Nature nor any prohibition of any within the fourth degree not prohibited by the Law of God or Nature 2. Here is no prohibition of Septuagesima Advent or Rogation times to get money for Licenses to marry 3. Here is no Banes carrying of Women to Temples buying of the Priests Benedictions nor money given for Licenses to marry without them 4. Here is no inslaving Women by marriage unless slaves whom they buy in the Market for money or take Captive in Wars by Robbing them of the propriety of their Goods nor any ridiculous and unjust punishment of the Man for the Woman or the Woman for the Man's offences 5. Here is no letting Stews or Fornication to Rent 6. Here the Father hath liberty to acknowledge his own Children and the Children their Father
Ten Wives of a Turk which kind of Luxury first corrupts the mind Nil non permittit mulier sibi turpe putat nil Cum virides gemmas collo circumdedit cum Auribus extensis magnos suspendit elenchos and corrupts and effeminates the State by exhausting the Treasury in Faeminine which is necessary to be bestowed in Military Ornaments and maintenance Seneca saith That Women would wear too rich Inheritances at their Ears And it is related of the Daughter of a Proconsul That she wore at one time in Apparel and Jewels the value of Three Millions of Crowns This Vanity is by many attributed to be one of the chief causes of the decay and ruin of the Roman Empire I should but trespass on the Readers patience to recite the excessive Costs particularly and the profuseness of Princes and great Persons in Masking Tilting Tuneaments at publick Weddings in one whereof a French King Tilting in Person was kill'd by the casual running of a Splinter of the staff of the Lance into his Eye as likewise to describe the Gluttony Riot and Drunkenness accompanying Marriage-Feasts they being all notorious 6. It undoeth the Poor in their Marriages The chief times of the Year seasonable for Marriage of Advent Septuagesima and Rogation it deprives the Poor of the use of Gods Ordinance for they are neither able to lose their days labour to travel to the Court nor to expend the Money necessary to pay for a License to Marry and when Married publickly by a Priest in a Temple the expense of new Cloths for Man and Woman the Wedding Dinner the Barrel of Beer the Bridale-Night the Baptizing of the Child the God-Fathers and God-Mothers the Gossips and Churching the Woman Falling all within the compass of the Year most commonly bring the Poor man so far in Debt that he never recovers out of it as long as he lives I was informed of a certain Poor Man who intending to be Married agreed the day with the Minister and Clerk and accordingly on a Prayer day he and the Woman came to the Church intending to be Married and came up to the appointed place in the Body of the Church where the Minister reading first the Form prescribed of the Institution and Ends of Marriage before he joined their hands to Contract them the man to be Married laid his Money on the Ministers Book that he might proceed to Marry him which the Minister refused to do unless he would give him more Money than there was the man answer'd There was all he had and prayed him to accept thereof the Minister peremptorily refused unless he made up the Price to Marry him the Poor man seeing no remedy took up his Money again and he and his Woman returned to his House without any joining or Benediction of the Priest and whether he had a Malediction I cannot tell but at Night the Couple that were thus Churched and not Married the Ceremonial way went to Bed and Married themselves the Real way which though contrary to Episcopâ—l Canons yet no Bishops can shew to be contrary to the Moral Law of God but every one can shew that Laws of compulsion of a Poor man to marry by the Ceremony of a Priest and giving liberty to the Priest to refuse to Marry him unless he pay him more than he hath are contrary to the Moral Law of God for this is prohibiting to Marry and a depriving of the Poor of the Use of Gods Ordinance which is already proved to be the Doctrine of Devils 7. It causeth immadesty in Brides wanton Songs and Ceremonies premiscuary Dancing and corruption of Youth How modest Nature is in the State of Innocence appears well in the expression of a Vertuous young Lady a Virgin who said She wondred how any Woman could have the face to go openly to Church with a Man and the Custom of most Nations not to suffer any Woman to appear in Publick without a Veil manifesteth the same Yea Mahomet himself forbids Women to expose themselves to publick view for thus Alch. Cap. 33. P. 262. he represents God speaking to him Oh Prophet speak to thy Wives and thy Daughters and the Wives of True Believers that they cover themselves with Veils And Cap. 24. Speak unto the true believing Women that they retain their Sight and that they be Chast that they suffer nothing of their Beauâ—y to be seen but what ought to be seen and that they cover their Bosome and their Visage that they permit them not to be seen but by their Husbands their Children the Children of their Husbands their Brothers their Nephews their Sisters their Women their Daughters Maid-Servants and Slaves their Domesticks that are not capable of Marriage and Children that regard not the Beauty of Women And this publick exposing of Virgins in their Marriages to be the Gazing-stocks of the multitude in a Congregation seems likewise against the precept in Scripture 1 Cor. 11.10 For this cause ought a Woman to have Power on her Head because of the Angels which is interpreted covering on her head and is likewise prohibited by Christ Matth. 5.28 Whosoever looketh on a Woman to lust after her hath committed Adultery with her already in his Heart If it be therefore Adultery to look on a Woman to lust after her then is it a Temptation to Adultery to expose her who is to be another mans Wife to the publick view of the whole Congregation in all the dress of Temptation whereof Beauty can be capable Qui videt is peccat qui non te viderit ergo Non cupiet Facti crimina lumen habet Propert. lib. 3. Eleg. Who sees thee Sins who not doth neither hate Nor love thee Light hath all the Crimes of Fate Why it is not more modest therefore for Virgins to Marry in Thalamo than in Templo appears not I shall recite not here the particular wanton Songs and Ceremonies which are used with us and in other Nations by reason of this pompous Ceremony of leading the Bride to the Priest and Temple amongst a Rout of Boys for whom between her Banning and her Churching it is asufficient sport a Week after lest the same should cause what I endeavour to avoid the Corruption of Youth and shall only here mention the grave Admonition of a Poet concerning the same Nil dictu foedum visuque haec limina tangat Intra quae Puer est procul hine procul inde Puellae Lenonum Cantus pernoctantis Parasiti Maxima debetur puero reverentia siquid Turpe paras nec tu pueri contempseris Annos Juvenal 8. It exposeth to publick view what God hath commanded to be secret and ridiculously appointeth ocular Witnesses of what is invisible and neither lawful nor pussible to be seen Of this Vid. P. 101 104. before 9. It causeth Community of Women Community of Children Fornication Adultery Stews Brothels and the dissemination of most contagious and deadly Diseases amongst the People As to Community of Women it
Infallible or any Book which hath more Seditious and Rebellious principles of Disloyalty This I only say now but when I have what I now want time and opportunity I can and will 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 make it good how dangerous and when believed and practised how pernitious to Kings and Princes the principles of that Law are I hope all Bishops will hereafter be of the same mind and not own the Canon Law to be the Rule of Marriages and Legitimations or Successions of Protestant Kings and Princes or their Subjects or for their Pardons and Excommunications or fit to be any longer the Ecclesiastical Law for the Government in any thing of Three Protestant Kingdoms As to the Feudal Law I shall defer it till I come to speak of the wicked obligations of some Tenures Feudal Law to prostitute the Virginities of their Daughters to the Lords of the Land It is enough for to shew the slavery of Feudal Laws if we but remember the late Wardships of Tenures wherein the marriages of Men and Women were bought and sold as if Beasts in the Market and the unjust Laws yet remaining in customary Estates prohibiting Widows to marry and marrying young Women to old decrepit Men not fit for marriage to get a Widow's Estate whereby they are left exposed to infinite Temptations The wicked custom of Marchâ—ta Mulieris belongs to the Feudal Law Marchâ—ta mulieris dicitur Virginalis pudicitiae prima violatio delibatio quae ab Eveno Rege sibi capitalibus dominis fuit impie permissa de omnibus novis nuptis prima nuptiarum nocte sed pie à Malcolmo 3 sublata fuit in capite sequente certo vaccarum numero quasi pretio redimitur Sken Reg. Ma. lib. cap. 31. 1. It is to wit that conform to the Law of Scotland the Marchet of ane Woman noble or Servant or Hireling is ane Zoung Kow or three shillings And the right duty to the Sergeant three pennys 2. And she be Dochter of an Frie-man and not of the Lord of the Village her Marchet shall be one Kow or six shillings and for the Sergeants duty sax pennys 3. Item The Marchet of ane Thane or Ochiern twa Rye or Twelve shillings and the duty to the Sergeant Twelve pennys 4. Item The Marchet of the Daughter of an Earl pertains to the Queen and is twelve Rye The Spaniards in the West Indies setting a Tribute to the King and the inferior Lords to be paid yearly by every married person To encrease these yearly Tributes from married persons they every year survey by List the married persons of every Town and cause their Children Sons and Daughters to be brought before them to see if they be fit to be married and if of growth fit they threaten the Parents for not marrying them and raise his Tribute by way of Fine till he marry them And the set time they appoint for marriage to the Indians is 14 to the Man and 13 to the Woman yea some they compel to marry scarce 12 or 13 years of Age if they appear of more forward strength yea it is a shame to see how young they are inforced to it pag. 155. So between the King of Spain and the Pope the poor Indians pay dear for marriage which God left free The Civil Law is said to be Jus Leoninum The Canon Law Jus Vulpinum The Feudal Law Jus Asmarium in regard of the intollerable oppression and servitude in it I conclude therefore Marriage Filiation and Succession not fit to be judged by any of these three Laws CHAP. IV. Marriage Matrimony Legitimtaion or Succession not to be judged by the Law of Mahomet YOU will not offend God in speaking a word in secret to Women that you research in marriage although you conceal in your minds your design to espouse them he understandeth whatever you think of them Alch. cap. 2. pag. 23. Of Persons with whom Marriage is forbidden Marry not the Wives of your Fathers what is past was Incest abomination and a wicked way your Mothers are forbidden you your Daughters Aunts Nieces Nurses and your foster Sisters The Mothers of your Wives the Daughters that your Wives have had by other Husbands The Daughters of Women that you shall have known are also forbidden you if you have not known them it will be no sin The Wives of your Sons are likewise prohibited and two Sisters for what is past God is Gracious and Merciful Married Wives are likewise forbidden except the Women-slaves that you shall have acquired God hath so commanded you Except what is above forbidden it is lawful for you to marry at your pleasure Of the Time of approaching Wives When your Wives shall be clean approach them according to what God hath commanded He loveth them that repent of their Error and are clean and purified Your Wives are your Tillage go to your Tillage at your pleasure And do good to your Souls you shall one day find it fear God and preach his Commandments to true Believers Alchor cap. 2. pag. 21. Of forbearing to touch Wives God will be Gracious and Merciful to such as shall swear not to touch their Wives the space of four Months if he return to them he is Gracious and Merciful but if they desire to repudiate them he understandeth and knoweth all things Women Divorced shall tarry until their Terms be past four times it is not permitted them to conceal what God hath created in their Wombs if they believe in his Divine Majesty and the day of Judgment Alchor cap. 2. p. 22. Of the propriety of the Wife in her Goods distinct from the Husband Oh ye that believe in God it is not lawful for you to inherit what is your Wives by force Take not violently away from them what you have given them unless they be surprized in manifest Adultery see them with civility if you have an aversion from them it may chance that you have a thing wherein God hath placed much Good But if you desire to repudiate your Wives to take others and that you have given them any thing take not any thing that appertaineth to them Will you take their wealth with a lye and a manifest sin how shall you take it since you have approached each other with a promise to use each other civilly Alchor cap. 4. pag. 49. Of giving Suck by the Mother and Aliment to her and her Child and Aliment by the Heir to his Parents The Women shall give Suck to their Children two years intire if they desire to accomplish the time appointed to suckle them the Father shall nourish and cloth the Wife and his Children according to his faculties Expend not but according to the measure of your Goods the Father and Mother shall not necessitate themselves for their Children The Heir shall perform what is above ordained he shall entertain his Father and Mother according to his abilities If the Parents would wean their Children before two
of the same by the Priest are inventions of Men and but Ceremonies as well as the other Heyl. 196. This was a Contract but no Matrimony Of Pulcheria Sister to Theodosius the Emperour married to Martianus Of the Lady Etheldred married to two Husbands The Lady Amigunda married to the Emperour Henry the Second The Lady Editha to Edward the Confessor The Lady Ann of Cleve to Henry the Eighth all married by the Priest but not by their Husbands Zonaras reports That the Empire being in great danger by reason of Wars with the Goths Pulcheria on consideration that there was necessary to be chosen some able person to be Emperour against them Theodâ—sius being dead without any Son and Martianus an old experienced Captain being taken to be the fittest for that purpose he was chosen Emperour by the order of Pulcheria the Sister of Theodosius and to give him the greater Authority Pulcheria assented to marry him on security given by him that they should both live Chast and he suffer her to continue in Virginity on which they were married and they both faithfully observed their agreement of Chastity This Lady made a very repugnant Vow to live a Nun yet to marry therefore I think her Vow doubly unlawful first as to her self if young open to a necessary temptation and then as to her Husband though an old Soldier to a probable one Mr. Ricaut Turk Hist p. 72. Saith Ghear Han Sultan That Ghear Han Sultan Daughter to Sultan Ibrahim hath had already five Husbands yet continues a Virgin Etheldred Etheldred was the Daughter of Anna King of the East-Angles she was married to two Husbands one after another yet continued still a Virgin and at last became a Nun and was Canonized a Saint under the name of St. Audry Amigunda Henry the Second Emperour having married Amigunda the Daughter of the Count Palatine of Rhine they lived most Chastly both of them observing voluntary Virginity without having any carnal knowledge one with the other It is reported that being accused of Adultery she purged her self by going bare-foot upon plates of fiery hot Iron and that the Emperour was Penitent for exposing her to such danger being so Chast and Vertuous a Woman she was very much beholding to him to deny to Husband her himself yet quarrel so far as to suspect her of another Edward the Confessor married Editha the beautiful and indeed vertuous Daughter of Earl Godwin Editha and because he had taken displeasure against the Father he would shew no kindness to the Daughter he made her his Wife but conversed not with her as a Wife but only at Board and not at Bed or if at Bed no otherwise than David with Abishag and yet was content to hear her accused of incontinency whereof if she were guilty he could not be innocent and he not only entertained such thoughts of his Wife but the like accusation against his own Mother Queen Emma of unchast familiarity with Alwin Bishop of Winchester and suffer'd her to be put to her purgation of fire Ordeal by passing over Nine red hot Plow-shares bare-foot which she all escaped to the astonishment of the beholders and thereupon was adjudged Innocent though there might be much jugling in those Tryals but whether there were so or not it became not a Son to divulge the shame of his Mother It seems he was Chast but without discretion and not without injury to his Wife and impiety to his Mother Bak. Hist 18. Ann of Cleve The same dealing had the Lady Ann of Cleve who was married to Henry the Eighth who lay by her six Months yet left her a Virgin And when her Ladies who attended her said they looked now every day to hear of her being with Child to whom she reply'd They might look long enough unless saying How dost thou sweet-heart Good-morrow sweet-heart and such like words could make a great belly for said she more then this never passed between the King and me Bak. Hist 288. I hope therefore none of our Protestant Ladies will believe this wicked Doctrine of Pope or Turk That Consensus non Concubitus facit Matrimonium if they do we shall have no young Souldiers to fight against either Of the Custom of desertion of Virgins after deflouring Of the desertion of the Lady Lucy by Edward the Fourth for the Lady Elizabeth Grey and the infelicity followed thereon to them and their Children Of the like desertion by a Gentleman in Ireland after the birth of a Child Of the ancient Form of Marriage-Contracts Se post concubitum non deserturum now repugnantly turned into verba de praesenti Of Seditions and Civil Wars raised for the said Crime of Desertion Of the Law giving liberty of Temptation of a Minor married to an Husband of desertion of her Husband after carnal knowledg and to take a richer A relation of the same practised in Scotland Of the Law tempting Women to desert their Husbands by giving more Alimony then the Portion Desertion of the Lady Lucy by Edward the Fourth There being a Marriage in Treaty between Edward the Fourth King of England and the Lady Bona Sister to Carlot the French Queen the King happen'd to fall in love with the Lady Elizabeth Grey the Widow of John Grey who in the Civil War between the House of Lancaster and York was his Enemy and died in Battel at St. Albans against him the old Dutchess of York his Mother was very eager for the French Match but however desired if that did not please him and he would needs marry one of his own Subjects he should rather marry the Lady Elizabeth Lucy whom he had a little before inticed to his Bed which was a Marriage before God and better then the Lady Elizabeth Grey who was the relict of another Man and his Enemy too and thereupon she instigated the Lady Elizabeth Lucy to claim a Praecontract of him which Lady though set on by the King's Mother and others yet when she was solemnly sworn to speak the truth she confess'd to this effect That he never in direct express words made any Promise or Contract to her of Marriage but he spake so loving words unto her that she verily hoped he would have married her and that if it had not been for such kind words she would never have assented he should have lain with her on which pretence the flattering Bishops as though all Impediments were removed by the not proving any express or formal words of Contract though the real Contract of lying with her was apparant to please the King gave him their allowance That he should please his second Fancy and not to be tied to his first And he accordingly married Elizabeth Grey according to the Ecclesiastical Law Consensus non Concubitus facit matrimonium Which Repudiation of the Lady Lucy was certainly as much against the Law of God as the Bill of Divorce by the Law of Moses was against
related Veneficii questio moribus Legibus Romanis ignota quam plurium matronarum patefacto scelere orta est quae cùm viros suos clandestinis insidiis veneno perimerent unius Ancillae indicio protractae pars capitali judicio damnata centum Septuaginta numerum compleverunt An Inquisition was made concerning Poisoning being an offence not known to our Manners or Laws and the wickedness of many Matrons being disclosed who by secret Treachery had kill'd their Husbands by Poison they being drawn forth by discovery of a Maid that part of them who were condemned to death amounted to the number of One Hundred and Seventy A great number for one City at one time and was no doubt not one of the smallest causes why Divorces grew so frequent in after-times not as is vainly pretended out of wantonness but of necessity Whereas if this private way of Justice and defence should not be tolerated to Families without publick litis contestations neither the honour or safety of any Family or Persons therein could be preserved and such as had a mind to separate if they could not do it but by publick Judgment would likewise either as the Muscovites are said to do Hire some false Witnesses or Knights of the Post to defame one another or oftentimes if that will not do to destroy the lives of one another or before the Party can make publick proof Poison or otherwise kill him whereby after it will be too late as it was in these 170 Husbands for any complaint to be made to the publick and the Wives are likewise in as great danger if they have not the same liberty of providing for them themselves on the first discovery of danger Had it not been better for all these murther'd Husbands and Wives to have parted on either side then to have acted such a Tragedy together So Aegisteus corrupting Clytemnestra to Adultery thereby got her concurrence to the death of her Husband Agamemnon And Sejanus having received an affront from Drusus plotted no other way to destroy him but by corrupting his Wife as saith Tacit. Annal. lib. 4. Cuncta tentanti promptissimum visum ad uxorem ejus Liviam convertere hanc ut amore incensus Adulterio pellexit ad conjugii spem consortium Regni necem mariti impulit So the Brother of Lewis the First King of Hungary was strangled by his Wife and she married a new Husband Lewis the King goeth into Italy to revenge his Brother's death she and the new Husband fly to the Pope who protects them Here neither the corruption of Clytemnestra nor the Wife of Drusus nor the Hungarian hang-Hang-woman could have been discovered before a publick Judge till it had been too late What are therefore such Elccesiastical Laws and Judges who compel such secret and deadly Enemies to Co-habitation in one House but accessary to their Murders and who forbid them to marry others but accessary to the great sins of their Fornications and Adulteries Divorce by consent Authent Col. 23.140 The Title of the Law is Vt consensu Matrimonium solvi potest And the Law it self ends with this Reason Eos siquidem qui violento affectu odioque correpti fuerunt perquam difficile est reconâ—iliare contingit enim ut ex his nonnulli ad mutuas insidias procederent venenisque aliis quibusdam quae lethalia essent uterentur in tantum ut saepe liberi qui ipsis communiter nati essent eas in unam candemque voluntatem conjungere non potuerint Of the Law of Divorce à Mensa Thoro. Haddon in the new draught appointed in the times of Henry the Eighth and Edward the Sixth for Reformation of Ecclesiastical Laws expresly abolisheth Divorce à Mensa Thoro in these words Mensae societas Thori solebat incertis Criminibus adimi Conjugibus salvo tamen inter illos reliquo Matrimonii jure quae constitutio cùm à Sacris literis aliena sit maximam perversitatem habeat malorum sentinam in Matrimonium comportaverit illud Authoritate nostra totum aboliri placet To prohibit Divorce à vinculo matrimoni for adultery or other Lawful cause and to prohibit the same to be done privately between the parties themselves without drawing the cause to publick Tribunals is to contradict Christ himself who speaks of a private Divorce by a Bill both from the Husband and the Wife according to Moses's Law and not a publick Sentence of any Judge and by the exception of uncleanness allowed the Innocent party to marry another but the Pope's Law which prohibits it doth it to no other end then to get the gains to his Courts by the Jurisdiction of Divorces and to compel the parties either to make use of his Stews whence he gathers his common Rents or to pay him a private Taxa Camerae for such Women as he will allow when he hath tied him from his Wife by the Divorce Neither doth Christ take the private Jurisdiction from the Husband or Wife of Divorce given by Moses but only prohibits to use it without a Lawful cause In the same manner did the Laws of the Romans allow the same Jurisdiction both to the Husband and the Wife as appears by many examples By the Law of Scotland Divorce for Adultery is allowed à vinculo matrimonii and the parties may marry again But by the Laws of England the parties can neither be Divorced à vinculo matrimonii nor marry again which is touched by Craig Feud 269. Apud Anglos Matrimonium ob Adulterium non dirimatur sed tantùm separatio à Thoro Tabula permittitur which is certainly clean contrary to the Law of God and the Doctrine of Christ Notwithstanding which our Episcopal Canons rather follow the Pope then Christ and are so outragiously oppressive on Innocent parties Can. 4.7 that in all such Divorces they order Bond and Sureties to be given not to marry again during each other's life which is as before shewen a Doctrine of Devils forbidding to marry where God hath not forbidden Of the Custom of Protestants marrying with Papists There is no Religion in the World established by any wife Legislator which he desires to perpetuate but the chief means he takes care of to effect the same is by his Law to prohibit his followers to marry with Women of another Religion for they both seduce the Fathers and the Children And while even in their Nursing and before they have learnt their Mother-tongue they will with their Milk be so far season'd with Old-wives Fables as the greatest Doctors of truth will not often-times be able all their life after to get out again Moses as to this is very strict and positive Deut. 7.3 Where speaking of the Idolatrous Nations of the Land saith Neither shalt thou make Marriages with them thy Daughter thou shalt not give unto his Son nor his Daughter shalt thou take unto thy Son for they will turn away thy Son from following me that they
hire or gifts there would be no Whore Deutr. 23.18 It is said Thou shalt not bring the Hire of a Whore nor the price of a Dog into the House of the Lord. And it is said Ezek. 16.31 And hast not been as an Harlot in that thou scornest Hire but as a Wife that committeth Adultery that taketh strangers instead of her Husband They give gifts to all Whores but thou givest gifts to all thy Lovers that they may come unto thee on every side for thy Whoredom Mich. 1.7 It is said They shall return to the Hire of an Harlot And amongst the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which may be Englished a Rogue and a Whore came both from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo to sell which were the Lady of Pleasure and the Gallant which let themselves to hire for money Gifts in Law from Women to Men and Men to Women Besides these gifts by acts of parties there are worse and more mercenary gifts and hire given by acts of Law Super-alimentary to hire Men and Women to lye together To the Man if he can deceive such a Woman he shall have all her Goods and Chattels as is before shewen by Transubstantiation by force while she is alive and after her death all her Lands and Tenements by courtesie as long as he can live And the Woman if she will lye with such a Man shall steal and beg all she can from him while alive and when he is dead she shall have Dower and Thirds besides which gifts in Law on both sides are for no other end then ob turpem causam Copulationis As to Aliment 't is granted the Husband ought to provide for the Wife and the Wife for the Husband but Super-alimentary gifts are the matters here questioned The mischiefs of gifts Super-alimentary on Marriages either by act of the Parties or of Law are Mischless of Gifts Super-alimentary in Marriage First In regard of Publick Government Religion is thereby depraved Protestant Men are enticed to marry Papist Wives for great Portions and Tenancy by Courtesie and Protestant Women to marry Papist Husbands for great Jointures Dowers and Thirds 2. By these gifts Super-alimentary the Wealth of many Families is accumulated in one especially by Daughters Heiresses A great Soâ—oecisin in the Policy both of Monarchies and States for it is apparent by the Coats and Titles that many Families quarter the Subjects grow more Rich and Potent than the Prince This was prevented by Moses's Law by raising up Seed to the Brother and by marrying of Inheritrixes to the next Kinsman as likewise did the Athenians It was prevented in Persiâ— Armenia Africk and almost through all the East by limiting the Succession of Inheritances by a kind of Salique Law only to the Males and giving only the Moveables to the Daughters till Theodora to set up her Foeminine Militia got her Blunderbus Justinian to repeal that Antient Law Now though a Family Salique is of excellent use to preserve the equality of private Families yet in Royal Families it is contrary to all sound Policy hindring the Union of Kingdoms by Marriage for private Families may be too Potent but Kingdoms cannot In other Nations equality of private Families are preserved by Gavelkind amongst the Sons and Parcenary amongst the Daughters and amongst the Jews by limiting Primogeniture to no more than a double Portion 3. Another Mischief to the Publick of marrying Daughters with great Protions is it foments Seditions and hinders the Union between Patricians and Plebeians and between Poor and Rich as we see in Rome where they married for great Portions they would take the handsomest Daughters of the Plebeians and abuse but not marry them because though they had Beauty to answer their Lust they had no money to answer their Covetousness But amongst the great Eastern Princes where they buy and receive no Portion from their Wives they marry the Poor equally with the Rich which is no question a great obligation on their Subjects by becoming as it were the same flesh and blood with them who seeing the Daughter of a Mason Queen in the great Kingdom of China and the Daughter of an Herb-Woman Sultana to the Grand Seignior and their Princes born of these they think themselves highly honoured to be of equal blood with their Princes In like manner the Antient Custom of the Babylonians and Indians of selling the fairest Virgins to the Rich for Money and giving that Money to the unhandsom to be Wives for the Poor united the Poor and Rich by Marriages 4. Another great Inconvenience is The Father gives so great a Jointure to the Mother that when he dies she marries another Husband and starves her first Husband's Children and the Father he gets so great a Portion and Courtesie of the whole Estate of the Mother that he marries when she dies another Wife and brings in a Step-Mother over his first Wive's Children whose good quality the Poet expresseth Lurida terribiles miscent Aconitoe Novercae Step-Mothers terrible poison'd in spight Sons of first Mothers with blue Aconite 5. To marry for Money shackles Young Men to Old Women and Young Women to Old Men and persons loath'd one to another whereby they become miserable both Body and Soul and fall into Adultery and Fornication and often to poison or otherwise destroy one another Whereas were there not the Temptation of great Portions Tenancies by Courtesie Jointures Dowers Thirds every one would marry where they best liked and might thereby live vertuously and happily all their days This hath been endeavour'd to be remedied by the Civil Law in the Title De Donationibus inter virum uxorem by making all Gifts void between a Man and his Wife and the same Law gives another Reason of it Ne nimio amore spolientur lest the party who loved least should rob most and the worst Nature make a prey of the best The Common Law pretended likewise in imitation of the Civil Law to make all Gifts void between Baron and Feme but it dissembled for it forbid such Gifts to be made directly but encouraged them to be done indirectly by Chancery trusts which is ten times worse In Scotland to prevent the taking away the Estate of one Family by another by these Marriage-Gifts or Covenants they have an Excellent Law and of great Equity which makes them void as appears by Craig Feud 307. but 't is only in one Case which is when two persons have Marriage-Covenants for Portion and Jointure agreed and signed and they are accordingly married thereon If either the Man or Woman die within the Year after Marriage without any Issue between them the Writings of the Portion and Marriage shall be all void and the right of the Portion return to the Father of the Woman and the Jointure to the Father of the Man and both Families be in Statu quo they were before the Marriage The Arabians Brittons and other Nations to the
intent that one Family might not by Marriage Gifts rob another always married in the same Family and Brothers and Sisters married making that Religion to marry in the Family which others made Incest and that Incest to marry out of the Family which others made Religion Portions and Jointures both to be limited This indeed secured all within the Family but there are many more Lawful ways before mention'd and amongst the rest the making all such Gifts forasmuch as is Super-alimentary void or at least to limit them by a Law That all Portions and Tenancies by Courtesie above the value of 0000 shall be void and all Jointures Dowers and Thirds above the value of 0000 shall be void A Satyr against Mercenary Marriage CVrsed the Female was or Male Who first did Beauty set to Sale For Love did then loose both his Eyes When Gifts and Gold did blind the wise And Venus which did shine on high From Heaven fell into a Stie Priapus then the God unclean Thereon his Temple built obscene And set the Steeple up and Spire That he might share both Whores and Hire And Sextons set to keep the Keys That none might enter without Fees And Cryer next to Curse and Ban Vnless well paid Woman and Man And Paritor about to ride With Bag for Money by his side All Women unto Court to bring Who did not Wed with a Gold-Ring Then Fathers left their Babes forlorn Who had no Licence to be born And Mothers fled Oh heavy Doom Because they were not called home Then Priests to make them greater Whores Fetter'd Fifteens to Fourscores And married dead to those alive Mâ—zentius Torment to revive Mouths bound to Mouths were Eyes to Eyes With Breasts to Breasts and Thighs to Thighs When Pralats in fine Linnen jetting Of Reverend Fathers own begetting Their Babes of Grace oh pretty things Made often Heirs to Peers and Kings This Palls and Miters first made shine And Missions to be Divine Thus Love and Hate together Yoak't The Hangman Priest together choak't And for the Murders clayms a Fee To his unholy holy See The Ambidextrous Lawyer enters And takes a share with his Indentures Lawyer nor Priest nor Book nor Bell Would have did they not Women Sell. If Money her or me must buy Loves Pedlars I you all defy Money did Solomon beguile 1 King 11.5 His first black Wife to setch from Nile And her because he lov'd not best With Thousand Wives to be opprest This was beginning of the Trick The wise turn'd after Lunatick The Goddess Astaroth to please Astaroth was the Moon Milcom was Priapus Who Ruled the Sidonian Seas And Milcom he the foul delight Adored of the Ammonite This Protestants made Papists Wed And fight and scratch in the same Bed Faith and Religion both Divine Lie Victims at Pecunia 's Shrine Of the Law giving Jurisdiction of the secret Causes of Divorce between Parents and secret Vncleanness of Children in their Parents Houses to publick Tribunals contrary to the Law of God It will be Objected How should those Sins of Carnal Uncleanness be punished if not brought before a publick Judge 'T is Answer'd Far better than by him First It not denied but publick Fornication and Adultery where there are Witnesses belong to publick Justice to punish as where Diogenes lay with a Woman in midst of the Market or as Leo Afer mentions where a Mahumetan Prophet lay with another man's Wife at a publick Bath in sight of a multitude of By-standers It is not denied likewise but Bawds Panders Stews Brothel-Houses where are Witnesses are and ought to be severely punished by the publick Magistrate But the Question is of such Fornication and Adultery which are generally so secret as none but the Parties themselves can witness against themselves these appear expresly by the Scripture it self that they belong neither to Priest nor Magistrate to judg or punish but only to God for it is said Deut. 29.29 Secret things belong unto the Lord our God but those things which are revealed belong unto us and our Children And Heb. 13.4 Marriage is honourable in all and the Bed undefiled but Whoremongers and Adulterers God shall judg It is not said man shall judg of secret sins but God And Deut. 17.6 It is said At the mouth of two Witnesses or three Witnesses shall he that is worthy of death be put to death but at the mouth of one Witness he shall not be put to death And 19.15 One Witness shall not rise up against a man for any Iniquity or for any sin in any sin that he sinneth at the mouth of two Witnesses or at the mouth of three Witnesses shall the matter be established And 1 Tim. 5.19 Against an Elder receive not an Accusation but before two or three Witnesses And there is very great reason that man should not presume to usurp on the Jurisdiction of God in things secret especially in these and other offences of uncleanness For First This many times indangers the lives of innocent Parties how many Joseph's how many Athanasiusse's how many Susanna's have been falsly accused How far from the Law of God or Justice Justices of Peace ought not to receive accusations of Fornication on the single Testimony of a leud Woman is therefore the proceedings of Ecclesiastical Courts and many Justices of Peace who without any other Witness then so incompetent a one as a leud Woman who is the Party and gains by it charge and punish men for Bastardy and Fornication and contrary to Magna Charta the Petition of Right and all the Fundamental Laws of the Land made for preservation of the Liberty and Propriety of the People the one by causing Excommunicatos Capiendo's the other by Warrants send whom they will to Goal and Imprison them at their pleasure And how far again from the Law of God or Justice is the compelling men for these Crimes to self-accusation when they can get no Witnesses as they ought to have Secondly Publick Inquisitions and Punishments of these Crimes of uncleanness do more corrupt then reform both Judg and People For the Judg example may be taken from Auricular Confessors who under pretence of injoining Penance to others learn to be above all others the most debauch'd themselves and as to the People it is either a licencing or incouragement to all such as are rich who for a little Commutation-Money buy the Pope's Pardon or what is equivalent the Bishops or the Kirks or if they will not suffer them to Commute the People when they see the Nobles in the Stools of Repentance will think it an honour to follow them and besides for People to hear or see the publick Examinations and Stories of uncleanness in publick Courts they oftentimes do but learn more wickedness then ever they knew or thought of before and are less corrupted at a Play-House then such a Scene of Justice All this is far better punished in every private Family between the Parents if there be