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A49781 The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same. Lawrence, William, 1613 or 14-1681 or 2. 1681 (1681) Wing L691; ESTC R1575 180,199 230

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as alleadged For the Scripture is falsely Translated by the Bishops and there 's no such word as Concubine different in Signification from a Wife in the whole Originals of the Old Testament or New Neither is there any middle word between a Wife and a Whore Neither is there any half-Wife between a whole one or None at all Neither is there any indifferent Wife between a Lawful or Unlawful though there may be between a good and a bad Lastly Neither is there any such Wife which can be Translated into the Latine word Vxor so called quasi Vnctor from the Pagan Ceremony of Unction of her Husbands Door Posts or so called from any Episcopal Ceremony of a Priest and Temple Scripture falsly Translated by Bishops in the word Concubine The word of the Hebrew Text which they have falsly Translated Concubine is Pilegesh which is derived from Palag Divisit and Isha Foemina and signifies no more than a Divided several or in plainer English Another Woman or Wife added to one or more which the Husband had before The Greek word in the Septuagint which they have Translated Concubine is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which hath a very innocent Signification and signifies no more than Juvencula a young Woman or a young Wife 1 Chro. 1.32 Keturah is by the Septuagint rendered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which they have Translated Abraham's Concubine for which Reflection on Kiturah they have no pretence or colour for Abraham Married her not till Sarah was dead the Marriage of Keturah therefore being Lawful and unblameable she ought to have been Translated Abraham's young Wife and not have been toucht with the ignominious and fictitious Name of Concubine So ought they to have Translated the Levites Woman Judges 19.1 Wife and not Concubine or half-Wife for ver 3. they have Translated the Levite himself by the name of her Husband and not her half-Husband and ver 9. They have Translated the Damosels Father to be his Father-in-Law and not his half Father-in-Law And by the same Reason they ought to have Translated her to be his Wife and not what they would have to be but his half-Wife and ver 2. They have Translated her to play the Whore and and not half the Whore and to run away No half-Wife in Scripture and not half run away and though there was in Scripture Pilegesh foemina or Vxor Divisa by a new Marriage yet there never was any Vxor dimidiata or half-wife we hear of therein until this Levite cap. 19.29 took a Knife and cut his whole Wife into Twelve peices and by all probability into two halves first to make her run away from him after she was dead further than ever she did while alive 2. There 's no middle word between a Wife and Whore for if a Woman is taken for life she is a Wife if only pro hâc vice or for a lesser Term than life she is a Whore and there 's no middle Station for the limits of a Wife between the first time of Marriage and the end of Life 3. It being shewn before that Pilegesh signifies only another Woman or Wife taken after the first which they have false Translated Concubine if therefore a second Woman or Wife is no Concubine à fortiore the first can be none and therefore Keturah is false Translated Concubine who was a third Wife yet durst not the Pope and Bishops themselves Translate Sarah who was Abraham's first Woman Concubine though she was according to Moses Law Incestuous being Abraham's Sister by the Father which Keturah was not and though it be said Deut. 27.22 Cursed be he that lyeth with his Sister the daughter of his Father because if they had false Translated the first Woman Concubine so gross a Repugnancy would have been laught at and there would have been no foundation whereon to have forged their word Concubine or Designation or mark to difference it from such words as they must of force translate Wife 4. There 's no indifferent Wife between a Lawful and unlawful for though a Lawful Wife is called a Wife yet is not therefore an unlawful Wife call'd a Concubine either in Scripture or our own Laws as appears 1 Jac. cap. 11. The title of which Act is That it shall be Felony to Marry a second Husband or Wife the former being Living which Act calls this highest sort of unlawful Wife a Wife though she be a Whore and an Adulteress and as there is no such word as Concubine in Scripture so there 's no such word in the Law of the Land The Objection therefore is a Chimaera of a word and thing not truly in Rerum naturâ much less in Scripture but false Coined and false Translated 5. There 's no word in the Scripture which can be Translated as the Papal Translation is into the Latine word Vxor so called quasi Vctor from the Pagan Ceremony of Unction of the Husbands Door-Post The Scripture Wife false Translated into the Latine word uxor nor can the same be Translated from the Papal Latine word Vxor by the Bishops into the English word Wife nor any Woman be so called from Episcopal Ceremonies of a Priest in a Temple It is to be here noted That this Ceremony of Unction of the Door-Posts which was to be with Wolfs grease and the Ceremonies of untying the Woman's Girdle and of stoutly eating and drinking by the Man which the Priest persuaded the People to be so necessary to Marriage and to the naming the Parties Man and Wife as the Bishops do now the Priest and Temple and other Ceremonies That they worshipped four Goddesses or Daemonesses of purpose to praeside and give their Benediction to these Ceremonies and no doubt they got Fees or Offerings for them all The Goddesses names were Vnxia Cinxia Victua and Potua as saith Arnobius Contra Gent. Lib. 3. O l Egregia Numinum singularis Interpretatio potestatum nisi postes virorum adipali unguine oblinerentur à Sponsis nisi Virginalia vincula jam ferventes Dissolverent atque imminentes Mariti nisi potarent manderent homines Dij nomina non haberent Oh excellent and singular interpretation of the Gods and Powers above unless the Door-Posts of the Men were well greased by the Woman unless the hot and eager Husband tore off Mrs. Brides girdle and eat and drank lustily the Gods would have no Names nor could the Wife get the name of a Wife These are the Ceremonies of Rome Pagan without which the Woman could not be called Vxor a Wife and the same is done for no other end than filthy Lucre. Yet whom God hath joyned by his immutable Moral Law with a Husband and hath given them Children who are the Gift of God and they have been both all their dayes like John and Elizabeth Luk. 1.6 walking in all the Commandments and Ordinances of the Lord blameless without the Episcopal Ordinances and Ceremonies of a Priest in a Temple this
him Children both the beloved and the hated Yea it may often fall out That the Children of the first Woman may be first born and elder than the Children of the second Woman yet if the first and the Lawful man hath an eldest Daughter and the second and unlawful Woman hath an eldest Son The Son of the second unlawful and hated Woman shall succeed before the Daughter of the first Lawful and beloved Woman à Fortiore shall the eldest Son if born of the first Woman succeed Primogeniture to be in Marriage though without Ceremonies 3. Though there is no Ceremonial but only the Moral Marriage yet shall the eldest Son of the Moral Marriage inherit For it is not mentioned nor is it that the Woman who brought forth the First born should be first carried before a Priest in a Temple before the Woman who had a younger Son for that would be repugnant to the Law of Succession by Primogeniture and impossible to consist with it and the Israelites never used any such Ceremony or other But used the first Solemnity of Marriage when they used any except Sub Dio where they might see the Heavens in Memory of the Promise made to Abraham Gen. 15.5 That his Seed should be in Number as the Stars 4. 'T is to be observed That not an eldest Son by Fiction of an Husband who was within the Four Seas but the truly first begotten Son shall succeed for the words are he may not make the Son of the beloved first born but the Son of the hated which is indeed the first born so not the eldest Son by Fiction but the eldest Son indeed is here only both expressed and intended 5. That the Right of Primogeniture extends not only to Aliment for that all Children elder and younger Sons and Daughters have an equal right to But the right of Primogeniture extends in private Families amongst the Israelites to a double Portion and in Succession to Kingdoms to the whole For the words in Deut. are A double Portion of all that he hath and the words of Chro. are The Kingdom he gave to Jehoram because he was his first born 6. That the reason why a greater Portion is given to the eldest of what is Superalimentary than to the younger Children is That he is the Chief strength of the Family to defend the Father when Aged and the Children when left in Minority and the Inheritance it self when Invaded by Pretenders The words therefore are for he is the beginning of his strength the Right of the first born is his 7. That the Bishop ought not be witness of the Filiation or Primogeniture of the Son Feminine Popes if any and not Male ought to make Certificates of Primogeniture But the Matter being in the Israelites Countrey the same ought to be testified by two or three witnesses as Deut. 19.15 and more modestly by Faeminine witnesses than Per Papas mares as likewise appears by the Example Gen. 38.27 And it came to pass in the time of her Travail that behold Twins were in her womb And it came to pass when she Travailed that the one put out his hand and the Midwife took and bound upon his hand a Skarlet Thread saying This came out first and it came to pass as he drew back his hand that behold his Brother came out and she said How hast thou broken forth This breach be upon thee therefore his name was called Pharez And afterward came out his Brother that had the Skarlet Thread upon his hand and his name was called Zarah 8. That the Bishop ought not to be Judge of the Filiation or Primogeniture but the Father himself for the words are He shall acknowledge the Son of the hated for the first born which is the Natural Father shall acknowledge or Cognosce him to be his first born 9. That in Countries under Arbitrary Power and the Regal Power not limited by Laws both the Royal Issue and Nobles lye commonly under great Danger of being cut off by new Successors unless they are of the true Religion and fear God 10. That such Successors are often set on to great Cruelties by Idolatrous Wives as appears in this Example of Jehoram who as is mentioned in the Text slew all his Brethren with the Sword and divers also of the Princes of Israel And he walked in the way of the Kings of Israel as did the house of Ahab for the Daughter of Ahab was his Wife and he did evil in the Sight of God 11. That in such Countries where Religion and Laws bear not sway the more Rich and Potent the younger Sons of Princes are made the more danger they incur of losing all 1 Because the Treasury of the Crown is thereby Exhausted and Impoverished as here Jehosophat gave his younger Sons great gifts of Silver and Gold and of Pretious things The great value of which after his Death did but accelerate the Resumption of them by him who succeeded in his Throne and shewed the Truth of what is said by Solomon Eccles 5.18 There is a sore evil which I have seen under the Sun namely Riches kept for the owners thereof to their hurt 2 Because great Military Power is commonly joyn'd with Treasure as here appears Excess of Treasure and fenced Cities left to younger Sons of Princes commonly destroys them Together with the same he gave them fenced Cities both which many times make the Supreme fearful of such Power not only too great to be subject but greater than his own whereas if they had been left what was Moderate below Envy and above Contempt as the younger Sons of the China Emperors are and thereby enjoy more secure and happy fates than the Sons of the Grand Seignior Persian Negus and Mogul ever attain they might probably have lived and though their Brother Jehoram was wicked never had his hands embrued in their Blood Of the General Custom of Nations of Succession to Kingdoms by Primogeniture and of the Mischief and Civil Wars which have followed by Disinheriting the eldest Son Having shewn the Right of Primogeniture in Successions to Kingdoms from the Law of Nature and Scripture the same likewise appears to be generally the Custom of all Nations That the same Custom was amongst the Aegyptians as we has the Israelites is inferred by Lyra from Exod. 12.29 And it came to pass that at Midnight the Lord smote all the first born of the Land of Aegypt from the first born of Pharoah that sate on his Throne unto the first born of the Captive that was in the Dungeon And that the same Custom continued in the times of the Ptolomies appears Justin 16. So was it amongst the Trojans and Hus succeeded to Troyas as Dares to Phrygius in Lib. De Excid Tro. The same Custom of Succession to Kingdoms by Primogeniture was amongst the Persians Syrians Macedonians Parthians Cretans Rhodians Albans Romans Sicilians Goths Franks Tartars Turks English Scots Hungarians Spaniards and French and the mischiefs
therefore from such Wives of the Bishops making Injust for a Prince much more for a Judge or Bishop to force an Heir on another and such Judges of Marriage Filiation and Succession of the same making Libera nos Domine Iniquum est aliquem haeredem invito à Principe dari Craig Fe●d 267. much more must it be for a Judge or Bishop Object 6. There is no Bishops Certificate of the Marriage and Filiation The Form of the Bishops Certificate of Marriage Cok. Lib. Intra fo 181. In Dower on a Nunquam fuit in legitimo Matrimonio copulata pleaded A Writ is sent to the Bishop to Certifie who returns this Certificate Et praedictus Episcopus per literas suas Patentes Clausas c. And the foresaid Bishop by his Letters Patents and Close hath Certified to the Justices here That by virtue of the foresaid Writ to him directed Convocating before him such of right as are to be Convocated hath diligently Enquired and Certified the truth of the matter That in the Chappel of B. in the County of G. in the Diocess of L. the Sixth day of Aug. An. 1606. Matrimony true pure and lawful per verba de praesenti according to the Form and Rites of the Book of Common Prayer of the Church of England between the said A. B. and C. B. was solemnized by one Mr. A. U. Clork in the prosence of J.J. W.B. W. W. R.M. Witnesses in this part by the said Bishop examined and sworn and of other Witnesses then present the said A. B. and C. D. his Wife being of Lawful Age and of all other Matrimonial Contracts free cleer and clean as the Witnesses so sworn and examined believe The Form of the Bishops Certificate of Bastardy Rast Lib. Intra 105. b. On a Plea of Bastardy pleaded and a Writ to the Bishop to Certifie he makes a Return Venerabilibus viris Justiciarijs in Brevi Regio praesentibus annex specific permissione Divinâ C. Episcopus c. Certificamus quòd diligentem solertem fieri fecimus Inquisitionem de materijs in Brevi praedict ' Content ' per quam invenimus per Legitimas in hâc parte probationes alia in hâc parte Canonicè requisit ' quòd infra nominat ' N.H. de T. A. H. de P. J. H. de P. P. H. de P. Bastardi sunt quilibet corum Bastardus est prout praedict ' R. B. in Brevi praedict ' nominat ' placitando allegavit non Legitimè prout praedict ' N. A. J. E. placitando allegarunt hoc idem nobis satis constat We Certify That we have made diligent and cunning Inquisition of the Matters contain'd in the Writ by which we find by Lawful Proofs and other things Canonically in this behalf required that the within named N. H. of T. A. H. of P J.H. of P. and E. H. of P. are Bastards and every of them is a Bastard as the said R. H. in his Writ aforesaid named in Pleading hath alledg'd and not Legitimate as the said N. A. J. and E. have in Pleading alledg'd and this appears cleer enough to us Having shewn the Form of these Certificates what they are I now answer to the Objection 1. That the Letter of the Statute not mentioning either Marriage Legitimation Bishop or Certificate there needs no Proof or use of these at all but it is sufficient to prove a Lady Companion De Facto and an Eldest Son de Facto as mention'd in the Statute 2. Admit there was a Marriage or Legitimation to be proved the Statute doth not limit to any special manner of Probation but leaves liberty to make Probation qu cunque modo as in all other Matters 3. A Penal Statute cannot be extended by Equity to make Treason against an Heir so made only by Certificate of the Bishop feeing the Letter of the Statute makes not any such Treason and it would be of very dangerous Consequence to make any Intentional or Express Statute to give Power to any Bishop or Arch-Bishop to declare Kings or their Successors by Certificates under pain of Treason for then is the old Papal Power and greater than the Papal put into their hands of making and deposing them at their pleasure either under Pain of Excommunication or Treason and the power of Declaring or laying the Penalty of Treason in the Bishop would be greater than it was of Excommunication in the Pope 4. It is manifest that the Wise and Renowned King Edward the Third the Author of this Statute as hath been already shewn never intended they should have thereby any such Power or Pretence which though sufficient to answer the Objection I shall give some further Touch of the Mischiefs that insue by them to the People as well as to Princes Of the Mischiefs that insue of Bishops Certificates of Marriage and Filiation which Certifie other kinds of Heirs than the Heir intended by this Statute The Original of Certificates of Marriage came not from Christ but from the Priests of Priapus and the Devil 1. The Original of Bishops Certificates of Marriage and Filiation came not from Christ or his Apostles for we neither find that he or they ever Contracted or Married any Man and Woman nor gave Certificate of Marriage or Filiation themselves nor Precept to their Successors to do the same 2. The only Original of them which can be found came from the Priests of Priapus who forbid all Marriages except by the Ceremonies of a Priest in a Temple of which kind of unclean Priests I shall only here repeat a short Note before mentioned from Cornelius Agrippa de Van. Scient p. 738. in these words Sordidissimus Priapus pro Deo habitus hunc coluerunt primi illi Religionum artifices Chaldaei Aegyptii Assyrii Babylonii Arabes Scythae Aethiopes ac perinde tota Africa Asia Europa nec fas erat ullum Sacerdotem fiori qui Priapi sacris non crat initiatus Hic est ille Belphegor Idolum omnium antiquissimum quod est Chamos dictum à Chamo filio Noe. The filthy Priapus was reputed a God him worshipped the first Founders of supersti●ous Religions The Chaldaeans Egyptians Assyrians Babylonians Arabians Scythians Ethyopians and almost all Africa Asia and Europe neither was it lawful for any to be made a Priest unless he was first Initiated in the Sacred Rites of Priapus This is Belphegor of all other the most ancient Idol which is likewise call'd Chamos from Cham the Son of Noah That these Priests of Priapus who is the same with Baal-Peor and Milcom had their Doctrine of compelling Women and Men to be Married by Priests with Ceremonies from the Devil appears by what use they put it to Numb 25.1 And the People began to commit whoredom with the daughters of Moab and they call'd the People to the sacrifice of their Gods and the People did eat and bowed down to their Gods and Israel joyned himself to Baal Peor And in the Scripture Idolatry
is commonly call'd going a whoring after Idols because the Priests made the Men and Women the baits to intice one another under pretence of Religion to their Conventions in the Idol Temple where the Priest was the Pander-General and took the fees of all to his great Gain The Original of Certificates of Filiation came from the Priests of Priapus 2. The Original of Certificates by the Bishop or High Priests of Filiation began likewise from the Incertainty Children were cast into by these Promiscuous copulations at their Temples or Groves or other Publick Conventions by the Pander Priest who that he might not lose his fees kept a Register or Toll-Book where these who coupled for that time had their names entred to have paid them their fee. And when the Child got there was grown to discretion to enquire who was his Father his Mother who had play'd the Whore with so many Strangers at the several Sacrifices could not tell unless she sent to the Priest who kept the Priapeian Sacrifice at that time which suited nearest her Child's Age to send a Certificate of the name of the Person or Persons were then entred together with her name in his Toll-Book Which way of Certificate of Filiation by the Pagan Priest The Certificate of the Priest of Priapus better than that of the Bishop was far more Rational than the Certificate thereof by the Bishop For first the Child never sent for a Certificate to the Pagan Priest but when he did not know his Father Secondly The Pagan Priest entred in his Register every time the Woman copulated with a Man for which he had a new Fee But the Bishop will undertake that if it be but once set down in his Register That such a Man and Woman came to his Temple though they never came near one another afterward or the next day deserted one another or the Woman being beforehand with Child by an Adulterer was the next day after she had been thus with the Man at the Temple delivered of such an Adulterous Child or begot with Child or was Delivered of Twenty Children successively by twenty Adulterers for twenty years after yet the Bishop will make a ridiculous beastly and wicked Certificate And Littleton and Coke bear him out in it That in all these cases the Man who went Twenty years since with this Woman to his Temple if he were within the Four Sees at the time of the begetting of these Adulterous Children by the Adulterers yet he the Man within the Four Sees begot them and Probatio non admittitur in contrarium Oh! Excellent Law and excellent Divinity The Certificates of the Priests of Priapus are very bad but these Episcopal Certificates are ten times worse But I must for brevity refer the Reader to what hath been said before Lib. 1 p. 72 73. The original of these Certificates of Filiation by Priests for other causes were likewise either Cheats of the Priests or came from the Actual Response of the Devil So the Priests would anciently attribute the begetting of any Child whose Father was unknown if he proved an Hero The Priest fathered Men on the Gods or had any other Excellence especially if Rich and gave him Money to some of the Gods as Romulus and Remus were fathered on Mars Plato on Apollo and Vulcan they made himself a God because 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without a Father But the greatest number of them they laid at Jupiter's Door who no question had a great charge upon his hands and sometimes when the Mother was unknown they Mother'd him on some Goddess or other as Achilles on Thetis Aeneas on Venus Oedipus not knowing his Father whom he had slain nor Mother wnom he had Married had a Response from the Oracle or Certificate from the Priest of Apollo which acquainted him with the same And Alexander ambitious to have a greater Father than Philip sent to the Oracle of Jupiter Ammon and for a great Sum of Gold had either a Response from the Devil or a cheating Certificate from the Priest That he was the Son of Jupiter But we never hear amongst the Pagans themselves of any Son who was so wise to know his own Father or was not ashamed of him who went for a Certificate to the Priest or the Devil 3. The final Causes why they so eagerly desire the Jurisdiction of Marriage and Filiation by this Power of making Certificates are their Covetousness and Ambition vid. at Large Lib. 1. p. 53. ad 57. Popery ruin'd if Episcopal Jurisdiction of Marriage were taken away And that the Pope were ruined if Episcopal Jurisdiction of Marriage and Filiation and their Certificates should be taken away Lib. 2. p. 184. It may be said therefore to Bishops Certificates as to the ends they designed them according to the saying of Christ Mat. 6.24 Ye cannot serve God and Mammon Certificates of Bishops condemn Infants without hearing Condemn Children for the Sin of the Parents 4. The Persons they make Certificates against being Infants and not able to answer for themselves in Suits in the Episcopal Courts are Condemn'd without Hearing 5. Infants are Condemn'd by such Certificates contrary to the Law of God for the Sins of their Parents 6. Certificates Judge of Filiation which is acknowledged by the Bishops themselves impossible to be proved according to the old known Rule Filiatio non potest probari A Certificate Episcopal is therefore a Sentence without Probation which is not only in the highest nature injust but void and ridiculous Of this Vid. plus Lib. 1. p. 104 105. Certificate an Usurpation of Jurisdiction of Lay-fee and Free-holds 7. The Certificate indirectly passes judgment on Temporal Inheritance and Lay-fee which is a meer Romish Usurpation assum'd by the Bishops which Bracton fo 420. will not allow the Pope himself to have for he says on a Certificate of Bastardy Cum Index Ecclesiasticus inquisitionem fecerit non erit ab eo appellandum c. and his Reason he gives Quia sic potest causam in insinitum protrahere de Judice in Judicem usque ad Papam sic potest Papa de Laico feodo indirecte cognoscere If therefore for the Pope to Sentence or Certificate Bastardy is indirectly to give Judgment of Lay-fee is not such Certificate of a Bishop in Great Britain as indirect a passing of Judgement on Lay-fee as is that of the Bishop of Rome And do not Lay-fees lye thereby as much under the Arbitrary disposing of the one as ever they did of the other Both Pope and Bishop must claim this Power of Certificate by Conquest or Contract if by Conquest 't is probable they must put it to another Tryal before any Romish Conquest will be granted if by Contract let them shew ever any Act of Parliament made for the same by assent of the House of Commons And if it were possible to shew any such yet all Acts confirming Magna Charta and likewise the Petition of