John Stratford Arch-Bishop of Canterbury on whom the King likewise laid the blame of his Wants writes a proud Letter to the King and desired him and his Council without delay to deliver the said Prisoners otherwise he plainly writes That according to his Pastoral Charge he must proceed to the Execution of the Sentence of Excommunication concluding how notwithstanding it was not his Intention to include the King Queen or their Children so far as by Law they might be Excused It was well for the King he was in the head of a brave Army in France for if he had been single as his Father was they who durst Menace him amongst all his Forces in the Field if he had lost the Day as his Father did were as likely to bring him for a French Pension to as miserable a destruction as they brought his Father but by Gods Providence he proved afterward Victorious but first Replied by another Letter to the Arch-Bishop That Relying on his Council he was first put on the Action of the French and that he had promised and assured him he should not want Treasure to perform the work and that notwithstanding by the negligence and malice of the said Arch-Bishop and his Officials those Provisions Granted him by his Subjects in Parliament were in so slender proportion Levyed and with such delays sent over as he was pressed of necessity to his great Grief and Shame to Condescend to the late Truce with the French though extreme Wants charged with mighty Debts forced him to throw himself into the Gulf of the Usurers in such sort as he began to look into the Dealing of his Officers some of which upon apparant notice of their ill Administration of Justice their Corruptions and Oppressions of his Subjects he removed from their Places and others of mean Degree he Committed to Prison and there detained them to the end he might find out by their Examinations the truth of their Proceedings Then he charges the Arch-Bishop with his own Corruption and declares how himself being under Age had through his ill Council made so many Prodigal Donatives prohibited Alienations and excessive Grants and Gifts that thereby his Treasury was utterly Exhausted and his Revenues diminished and how the Arch-Bishop corrupted with Bribes Remitted without reasonable cause great Sums which were due unto him applying to his own Use or Persons ill deserving many Commodities and Revenues which should have been preserved for his necessary Provisions and concluded Unless he desisted from his Rebellious obstinacy he intended in due time and place more openly to proceed against him and the King before the Arch-Bishop Submitted caused a Letter to be sent to the Pope from the Parliament not to make any more Collations of Benefices in England and prohibited them on pain of Death on any that should present or admit them which Resolute slighting of Excommunication both from Arch-Bishop and Pope though in the very time of War with France made the Pride of the Arch-Bishop stoop and with much ado got himself Reconciled to the Kings favour for which the King was bound to thank God and not the Pope or Bishop who gave him that Victory and Success against the French as neither Pope or Arch-Bishop dared to Excommunicate him Against Richard the Second one of the Articles brought against him to have him deposed was That whereas the Realm is immediately holden of God after he had obtained divers Acts for his own particular Ends he obtained Bulls heavy Censures from Rome to observe and perform them contrary to the Honour and ancient Privilege of this Kingdom whereby appears That even in a time of Popery the Assistance of the Pope and Bishops which were included in it was so far from being a Protection to the King that it was Destructive to him much more is the Assistance of Bishops likely to be Destructive rather than a Safety in a time of Protestancy The Bishop likewise Concurr'd with the rest and accused him That he had taken Money Jewels and Plate from them at his going into Ireland Bishops accuse R. 2. for Trifles to Depose him so far were they from seeking to preserve the Kings Life with those Superfluities of theirs where they could keep them and their Bishopricks together that they shewed their Fidelity to their Native King by endeavouring to destroy him For such Trifles divers other Articles were laid against him in behalf of the Bishops by whose doing only the King was utterly undone Truss 46. And not one of all the Bishops in England or Ireland spoke so much as one word to preserve their Native Sovereigns Life but only one namely Thomas Mercks Bishop of Carlisle Dilemma of danger from Excommunication As to the Dilemma a Prince falls under in expecting safety of Government from the Power of Excommunication of Popes or Bishops either the greater part of his Subjects will be Religious or Superstitious if Religious they will so easily see through the Superstition of Consecration and Excommunication as it will rather Irritate and Provoke them as it did in the late unhappy Civil Wars but if Superstitious will the Pope or Bishop make Use of the great Interest and Strength they gain thereby in the People to advance their pretended Spiritual Sword above the Temporal and their own Supremacy above Temporal Kings and Princes which if Resisted by the Princes of such Subjects hazards their being Deposed and losing Kingdoms and Lives together as appears by the Examples before Recited In the same danger is a Prince who Trusts a Temporal Officer whether Treasurer or other with too much Power of Money as Theocritus Anno 518. caused Amantius an Eunuch to give Justin Amantius the General of the Army a great Sum of Money to give the Soldiers to choose Theocritus Emperour but Justin distributed it for himself and so obtained himself the Empire The Western Emperours first raised the Popes to that height as to Excommunicate the Eastern Emperours the succeeding Popes to return their Advancers due thanks Excommunicated after the Western Emperour The French Kings assisted and after raised the Popes to such height that they Excommunicated Deposed and Poisoned the Western Emperour after by the same Power the French King gave them in thanks they Excommunicated and Assassinated the French Kings The Princes of Sicily and Naples had been mighty defendors of the Papacy but when they had made it mightier than themselves the Succeeding Popes took from them their Sovereignty to themselves As to the Impossibility of Safety of Princes amongst Subjects Educated in fear of Excommunication Subjects Educated in fear of Excommunication dangerous to Princes It is to be Noted as well from the Testimony of approved Authors as from the Scripture it self that amongst the Primitive Christians those who are now called Bishops but in the Original word signifie only Overseers were Parochial Bishops or Overseers and not Provincial and that they were the same with Presbyters and differ'd not in
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
into the Children of the Husband if he is within the four Seas at time of their begetting and of no probation admitted to the contrary A further descant on the words of Littleton and Coke concerning Transubstantiation of the Children of Parents within the four Seas A relation of a Souldier in the late Civil-Wars who at his return home found two of his Wives Children transubstantiated into his Of the Law of Intails on Marriage and the mischeifs of them Of the Barbarous Law of Illegitimation or making Children incapable to succeed to the Goods of their own Parents and the excellent Law of the Emperor Anastasius abolishing the same and the repeal of the Emperor's Law by the Strumpet Theodora and succeeding Popes and Bishops That the unlawful Marriage of Parents ought not to illegitimate the Children to succeed to their Goods A further touch on Intails Sacrament of Marriage CAlvin lib. 4. cap. 19. Speaks thus of the Popish Sacrament of Marriage At ne simpliciter Ecclesiam luderent quam longam Mendaciorum fraudum nequitiarum seriem vim errori attexuerunt Vt dicas nihil aliud quam abominationum latebram quaestisse dum è Matrimonio Sacramentum fecerunt ubi enim id semel obtinuere conjugalium causarum cognitionem ad se traxerunt quippe res Spiritualis non erat profanis judicibus attractanda Tum leges sanxerunt quibus Tyrannidem suam firmarunt sed partim in Deum manifeste impias partim in homines iniquissimas Quales sunt ut conjugia inter adolescentulos parentum injussu contracta firma rataque maneant Ne inter cognatos ad Septimum usque gradum matrimonia sint Legitima quae contracta sint dissolvantur gradus vero ipsos contra gentium omnium jura Mosis quoque politiam confingunt Ne viro qui adulteram repudiaverit alteram inducere liceat Ne spirituales cognati Matrimonio copulentur Ne à Septuagesima ad Octavas Paschae tribus Hebdomadis ante Natalem Johannis ab Adventu ad Epiphaniam nuptia Celebrentur similes innumerae quas recensere longum fueritex Eorum caeno aliquando emergendum est in quo jam diutius haesit oratio quà m animus ferebat aliquantulum tamen mihi profecisse videor quod Leoninum pellem istis asinis quadam ex parte detraxi They thought it too little to delude the Church simply but what a long chain of Deceits and Wickednesses have they knit on to this one Error that you may say they sought nothing else in their making Marriage a Sacrament Sacrament of Marriage but a lurking hole for their Abominations for as soon as they got that granted they drew to themselves the jurisdiction of all Matrimonial Causes pretending forsooth that Spiritual things were not to be handled before profane Judges Next they fell to making of Laws to confirm their Tyranny in part manifestly impious towards God and partly most injust as to Men Such as are these That Contracts of Marriage between Minors for this is to be intended of verbal Contracts only should be firm and valid without assent of Parents That Marriages contracted between Cousins to the Seventh degree should be unlawful and if any were Contracted should be dissolved and they likewise feigned Degrees contrary to the Law of Nations and Policy of Moses That it should not be lawful for a Man who Divorceth his Wife for Adultery to marry another That Spiritual Kindred should not marry That it should not be lawful to marry from Septuagesima to the Octaves of Easter and three Weeks before the Nativity of John Baptist and from Advent to Epiphany and innumerable others the like which were too long to recite for I must at length get out of their filthy mire in which my Feet have stuck longer then my mind could well-brook yet I hope to have got to my self so much good as that I have in some part pull'd the Lion's skin from these Asses The making Marriage a Sacrament came from the old Pagan Priests of Rome who persuaded the people to draw the gains of Sacrifice and Sacraments to themselves that no Marriage could be happy unless they were Contracted by the Priests with Sacrifices to the Gods and Sacramenta ignis aquae for which reason the Priest sprinkled them with his Holy Water of this Sacrament and made them touch Water and Fire provided by the Priest to that purpose and if any of these Ceremonies were omitted whereby the Preist lost his gain then were the Marriage called nuptiae innuptiae or in the Pope's Canonical Language null and void That Marriage is a Sacrament the Bishops and common Lawyers deny in Words but acknowledg and confess in their Works for the Bishops continue still to usurp the same Jurisdiction of Marriage which the Popish Bishops never pretended to but as a Sacrament and the Common Lawyers continue still the mystery of Transubstantiation which the old Popish Lawyers never did pretend to otherwise then as the effect of a Sacrament Of the profound Popery of the Common Lawyers in Transubstantiation of two persons into one person and the mischeifs thereof I shall not need to answer any place of Scripture making the Husband and the Wife but one Person Transubstantiation of two persons into one person for there is not one word in the whole Scripture which affirms a Man and his Wife to be one person or if it were it must be a figurative and not a natural person If it be objected That they are called one Body or one Flesh I say the same words are said of an Harlot 1 Cor. 6.16 Know ye not that he which is joined to an Harlot is one Body for two saith he shall be one flesh Yet was never any Divine or Lawyer I have met with so absurd as to infer from hence That the Harlot and her Mate are one person or that they are transubstantiated into one another but remain two distinct Substances as they were before much less that the Harlot hath no propriety in her Goods and that every Customer she hath may rob her Shop take all her Goods and beat her and she have no Action or Remedy against him or if she catch a Chouse in her snare that she and her Complices may rob strip sell him to the Barbado's and he shall not be allowed to sue her before the Magistrate because he and she are in Scripture call'd one flesh In like manner may be said of the foppery of Sacramental Transubstantiations of the Bread into the Body or one Body into another or making many persons in Society or Communion one person because the Scripture calls them one Body as it is said 1 Cor. 10.16 The bread which we break is it not the Communion of the Body of Christ For we being many are one Bread and one Body for we are all partakers of that one Bread This is intended a figurative but not a natural Body and it were very ridiculous to make allusions
was the voice of God and the artificial is only the voice of Man 4. Because the natural was true and the artificial is false and fictitious Husband and Wife words ambiguous 5. Because the natural was fixed and certain the artificial is ambiguous and mutable ad placitum imponentis to signifie what he will as serves most for his profit The Bishops have therefore falsely translated the word of God into words of their own that none may be called Husband and Wife but such as give them Fees to call them so Zona Kadesh Pillegesh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 false translated Secondly They have falsely translated the Words Zona Kadesh Pillegesh and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be Harlot and Concubine which word Zona in the Hebrew Text signifies no more then a common Hostess or Caupona one that sells Victuals or keeps an House of Entertainment the Chaldee renders it Foeminam fallacem vagam non sub eodem tecto habitantem and the Latin translation have rendred her worse that is plain Whore for the Romish Lady will be sure to call Whore first and therefore translates Jos 2.1 concerning the Spies sent to Jericho Venerant in demum cujusdam meretricis Cauponae cujus nomen erat Rachab ut cubarent ibi but the English is translated And they went and came to an Harlot's House named Rachab and lodged there Harlot now that she ought not to have been rendred Foeminam fallacem appears by her works for it is not only the interest of all Hostesses to be faithful to their Guest though they do not lie with them but she was in a more special manner faithful to these and hazarded her life for them if she had been discover'd both for her hiding and letting them over the Town-wall And as to the word Zona seeing it hath most naturally a good signification of an Hostess or seller of Victuals and Verba sunt accipienda in mitiori sensu there is no warrant were the word ambiguous which doth not appear neither to translate it in the worst sence and indeed when they have rackt Zona all they can they cannot so much as make it ambiguous or squeeze more out of it then Caupona or an Hostess Thirdly As to the word Kadesh in the Hebrew Kadesh it signifies a Woman Consecrated which is an Holy-Woman or an Holy-Nun or Votaress now these holy Nuns or Votaresses who are Consecrated to the service of Venus and those who are Consecrated in like manner to the service of the Virgin Mary do often play the Harlots yet to translate either of those named Holy-Nuns Harlots is a false translation for a Translator ought to be of Words and not of Deeds Fourthly Judg. 11. is translated Harlot Now Jeptha the Gileadite was a mighty man of valour and he was the Son of an Harlot and Gilead begat Jepthah Which is a translation repugnant to it self for if she had been a common Harlot or Hostess or other how could it be known that Gilead begat Jepthah and how was not Jepthah Filius populi rather then the Son of Gilead If she were not a common Harlot what difference between her and a Wife in a Nation who allowed Plurality of Wives and Succession in Filial Portions to the Sons of them all Fifthly As to the word Pillegesh they derive it from Palag Pillegesh divisit Isha Foemina which in the Hebrew Text signifies no more then a divided or several or another Woman or Wife where there was Plurality allowed and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used in the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies in the natural signification no more then Juvencula or a young Woman and both these they forsooth have translated Concubine a Vocabulum Artis of their own Forging which they will have to signifie a Woman who hath not had both Banes and Benediction of one of Priapus Priests in a Temple yet is there â—ot in the Original of the whole Scripture either Old or New Testament such a word as Concubine neither is there any where Isha No such word as Concubine in the whole Original Scripture made more lawful then Pillegesh or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So Gen. 1.2 3. Sarah and Hagar are both translated Abraham's Wives And Gen. 25.1 Keturah is translated Abraham's Wife yet 1 Chron. 1.32 she is translated Concubine whereas the words of the Septuagint are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifie only the Sons of Keturah Abraham's young Woman and there is no ground at all to translate her Concubine for Abraham married her not till Sarah was dead and the Marriage of Keturah therefore being lawful and unblameable she ought not to be toucht with the ignominious and fictitious name of Concubine So Ruth 4.12 they translated her young Woman who was fitter to be translated Concubine then Keturah for she stole to Bed to Boaz at night amongst the Sheaves without his leave or calling and like the Antipodes the Woman wooed the Man which Keturah was more modest for ought we find then to do to Abraham but with them kissing goes by favour The like falsity is likewise used in translating 1 Kings 11.3 where it is said of Solomon in the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is translated in Latine Adeo ut essent ei Foemina Principes Septingentae Concubinae trecentae quapropter inclinarant Foeminae ejus animum ejus c. but in English the translation is He had Seven Hundred Wives Princesses and Three Hundred Concubines and his Wives turned away his heart which ought to have been translated He had Seven Hundred Women Princesses and Three Hundred young Women and his Women turned away his heart for if Plurality of Women make Concubines then ought the Seven Hundred to have been translated Concubines rather then the Three Hundred if it be said Riches and Portions make Wives and Poverty Concubines or Jointures and Dowers make Wives and none make Concubines this is contrary to what Christ saith of Marriage That it is of such as God hath joined in one flesh and not whom Scriveners and Lawyers have joined in one Indenture Then as to Poverty none will deny a poor Wife to be as true a Wife as a rich and many think her in goodness far superior for intolerabilius nihil est quam Foemina dives she that brings a Portion to hire the Man and the Man who gives Jointures to hire the Wife such a Woman so hired may indeed be rather said a Concubine then a Wife and such a Man so hired be rather said a Stallion then a Husband and such a Mercenary Conjunction be rather called a Market then a Marriage To return again to the Translation it is translated That his Wives drew away his heart but it is more likely the young Women who are translated Concubines drew away his heart then old Wives whereas if it had been translated as it ought to be
worse then a Beast CHAP. III. Marriage Filiation and Succession not to be judged by the Law-Civil Canon or Feudall AS to the Author of the Civil Law or rather the Emperor in whose name and time the same was compiled he was Justinian whom though his own Parasites extoll'd for a God and his Lawyer Tribonian imployed by him or his Wife Theodora to do the work claws him with a doleful Compliment that he was in great fear least he should be rapt up into the Heavens when he little thought of it for his singular Piety to their insufferable loss Yet Procopius makes him a Devil and doubts very much whether he were not a Devil incarnate more likely when he little thought of it to be rapt to Hell Bodin indeed speaks something Fol. 17. may clear him from being a Daemon for he saith He was a blockish unlearned Prince and out-witted by his Wife Theodora when she pleased and caused by her to make Laws only for the advantage of the Women against the Men and Procopius likewise commends his Justice and saith That he used when he could catch them to take Bribes of sides and if any who had a Sute before him presented him with a Bribe he was sure to carry his Cause unless the other Party counterballanced him with another As to the Collection of Laws attributed to him it cannot be denied but there are a multitude of excellent Laws of Nature scatter'd through the great Mass of them but in such a confusion as is rather proper to a Chaos then an orderly Digest Then for the bulk 't is an Hundred times bigger then necessary and the Evil Laws which increase it to that greatness in number overwhelm and in Nature destroy or make useless the Good As to the Religion in them it is Popery and Superstition The Justice is Tyrannical and Arbitrary Government the Mercy of them is Racks and all inhuman Tortures Civil Law The Heads of the Civil Law prohibiting to marry are comprehended in the Verses following 1. 2. 3. 4. 5. Aetas Conditio Numerus Mona Et Ordo 6. 7. 8. 9. 10. Optio Nobilitas Sanguis Tutela Potestas 11. 12. 13.  14. Fons Sacer Affinitas Raptus Repugnat Honestas Irrita quae faciunt Connubia legibus haec sunt 1. The first cause making marriage void or voidable is Age if the Man is under 14 or the Woman under 12. 2. Condition If it be servile they were not allowed to marry Ceremonially but might lie with one another and get new Slaves 3. Number If a Man have one Wife he ought not to have another 4. If either Person be Monastick as a Monk or Nun. 5. Being within Orders as a Priest or Clerk 6. Adoption prohibits mariage between the Adopting and Adopted 7. Nobility heretofore prohibited marriage with a Plebeian and Senators and their Children per Legem Papiam Juliam with their freed Women or others of so mean Condition A wicked Law and contrary to the Law of God for they might lie with Plebeians but not marry them 8. Consanguinity in respect of which three sorts of Persons are consider'd the Ascendents Descendents and Collaterals 9. A Guardian is prohibited to marry his Pupil 10. A President of a Province is prohibited to marry one subjected to him by reason of his Jurisdiction in which two last cases the reason is that marriage might be free and not compell'd by the Awe or Power of Authority 11. Fons Sacer the Font of Baptism is by the Pope made to contract a spiritual affinity or kindred between the God-fathers and God-mothers and Child Baptized for whom or their Children to marry within the fourth degree is made without any sence as Incestuous as if within the degrees of Carnal kindred 12. Affinity in which are the same Considerations of Prohibition to marry as before in Affinity 13. Rape for by the Civil Law the Ravished was prohibited to marry the Ravishor 14. Such Matters as are thought against Honesty or are of ill report according to the Manners of the People Canon Law As to the Canon Law Aquinas Cajetan and others recite the Verses following which have left out some of these Matters relating to the Civil Law and added difference in Religion and other Matters withal to the Modern Canons in the manner following Error Conditio Votum Cognitio Crimen Cultus Disparitas Vis Ordo Ligamen Honestas Si sis affinis si forte coire nequibis Haec sociandà vetant Connubia facta retractant Which likewise may be easily understood by Exposition before made of the former But they are likewise many of them wicked and contrarg to the Law of God The Civil Law is a Cento of Rescripts of Emperors a frippery of Opinions of Doctors Planting the Sword for the Ballance Superstition for Religion Tyranny for Government Antinomies for Laws Torture for Judgment Gain for Godliness Iniquity for Justice Confusion for Method Fiction for Truth Form for Matter Manner for Merit Ceremony for Substance a Powder of Impertinents a Remedy worse than the Disease a Whirl-pool of Vertigoes a Rock for Shipwracks a Gulf to swallow Money a Sea driven with contrary winds a Bottomless Deep of Doubts a Chaos of Controversies an Abyss of Darkness a Bulk broken with it's own weight Canon Law Anno 1520. The Pope and Papists Excommunicating Luther he appealeth to a Council and burneth the Canon Law and the Popes Bull at Wittenberg Calvin tit Cynus writes of him thus Cynus jurisconsultus Pistorii natus Dyni Maxellani auditor Bononiae jus civile professus est librosque de eo non paucos ita scripsit ut semper à Pontificiis canonibus abhorret In interpretatione l. quoties C. de Jud. scribit Canonicum jurisconsultum secisse sibi jura pro libitu voluntatis suae leges civiles servare eas ad commodum suum non autem contra se propter ambitum secularis jurisdictionis usurpandae non propter aliud Cynus a Professor of the Civil Law at Bononia and one wrote many Books concerning the same yet did always very much abhor the Papal Canons and writes in interpretation l. quoties C. de Jud. that the Canonists made all their Laws according to their own Arbitrary will and observed the Civil Law only for their profit and not when it made against them out of Ambition to usurp Temporal Jurisdiction to themselves and to no other end The Canon Law is deservedly likewise censured by the Lord Bishop of Lincoln in his late learned Book against Popery fol. 35. where having recited many wicked positions in it he concludes in these words Thus much and may be too much for the Canon Law that sink of Forgeries Impiety and Disloyalty for I scarce know any Book wherein are more forged writings under good name sometimes for bad purposes and more impious Doctrines and Positions own'd and authoriz'd for Law and that by one who pretends though without and against reason to be Christ's Vicar and
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
Parliament Besides there is not de facto that name given for the Ecclesiastical Court is kept in the Bishop's name and not in the King's name And the Bishop takes all the profits and not the King Fain he would mend the matter and says That a Leet is kept in the Lord's name and he hath the profits yet it is the King's Court. It might better been said it was once the King 's before he gave it or sold it to the Lord of the Leet as are many Lands not being Ancient Crown-Lands The King purchases but if he sell again such Lands for valuable considerations the propriety as well as the name of such Lands is then in the buyer and not in the King Therefore though he hath set out his Book as baptized both in Latin and English by the name of de jure Regis Ecclesiastico and of the King 's Ecclesiastical Laws yet with due Reverence to the opinion of so great a Father of the Law it may be said there appears none either to baptize or confirm the name nor any God-father to it but himself Neither will the Title of the King 's Temporal Laws set upon Magna Charta which gives that liberty to every Subject of Tryal of his Birth-right per legale judicium parium be consistent with the Title of the King 's Ecclesiastical Laws which take it away and give it to a Trial by Certificate of the Bishop Object 6 It is again by Coke alledged and Precedents cited That Edward the Confessor William the First Henry the First Henry the Third Edward the First Edward the Second and all English Kings have Govern'd and Ruled both the Kingdom and the Holy Church and have given Jurisdiction to Abbots Priors and Bishops and have granted prohibitions when they transcended the bounds of their Jurisdictions and that Reges sacro oleo uncti sunt spiritualis Jurisdictionis capaces but still this is nihil ad rhombum nor pertinent to make good the Name or Title he hath set his Book of the King 's Ecclesiastical Laws For there is a great difference if he had Entitled it de jurisdictione Regis Ecclesiastica for the King's Jurisdiction and the King's Laws are clean divers things And there is a great difference where he grants Jurisdiction to Ecclesiastical Persons and where he grants them by what Laws they shall exercise that Jurisdiction for the King 's of England have Anciently granted Jurisdiction and Commissions to Ecclesiastical persons as Bishops and Priests to be Judges in the King's-Bench Chancery and other Courts yet could they not grant them power to judge by any other Laws than the Laws of England except by Act of Parliament Then as to granting prohibitions where the King had not or could not by Law grant them Jurisdiction proves nothing that any King did or could by Law grant them Jurisdiction of general Bastardy without Act of Parliament or that there was any Law or Act of Parliament which gave them Jurisdiction of general Bastardy because the King's Courts durst not grant prohibitions for general Bastardy For in those superstitious times neither the King nor Judges dar'd provoke their Excommunication and therefore at the making of the Statute of Merton when the contest was between the Ecclesiastical and Secular Power which of them should give the Law to Marriage The Temporal Judges for fear of their Excommunication took only like the Jackal what the Lion refused and left them which they called special Bastardy So quod non capit Christus capit fiscus which is intended of the false Christ for the true Christ took nothing from it but paid tribute to it Besides if many Jurisdictions should judge by other Laws this would be destructive both to the King and Subject Though the King therefore give the Sword he cannot change the Ballance as is in effect confess'd by Coke himself 3 pt Inst fol. 120. in his Exposition of the Statute 27 E. 3. of Praemunire where he saith The right of King and Subjects not triable per alias Leges or aliud Examen then the laws of the Land If Freehold and Inheritance Goods or Chatâ—les Debts or Duties wherein the King and Subjects have a right or property should be judged per aliam legem which he mention'd before to be Civil or Canon Law And other Trial which he makes to be any Trial except by Jury or be drawn ad aliud examen These three mischiefs endeavour'd to be prevented in the said Statute would necessarily follow viz. Disherison of the King and his Crown the Disherison of all his People and the undoing of the Common Law And fol. 121. he farther saith Some have made a question whether since the Ecclesiastical Jurisdiction was acknowleged in the Crown an Ecclesiastical Judge holding Plea of a Temporal Matter belonging to the Common Law doth incur the danger of a Praemunire Though hereof is no question at all yet lest any Man might be led into an Error in a Case so dangerous we will clear this point by Reason Precedent and Authority The Reason holdeth still to draw the Matter ad aliud examen c. And he citeth before several Precedents and says The reason of all these Cases is because it drawes matters Triable at Common Law ad aliud examen and to be discussed per aliam legem Peter du Moulin that famous Protestant Divine writes That there was a a Book printed in the former Age entitle The Canons of the Apostles Anti-Christian whereby the Temporal power of the Pope is wholly taken away And the sixth Canon expresly forbids a Bishop to meddle in Civil affairs And in the 84th Canon are these words A Bishop that meddles in War or seeks to obtain these two things that is to say the Empire of Rome and the Sacerdotal Government let him be deposed for the things of Caesar are to be given to Caesar and the things of God to God And that one Arnold who Preached this Doctrine That the Pope had no Jurisdiction nor any thing to do with the Temporal affairs with great applause was in the year 1155 made a Martyr and most cruelly burnt at Rome by the order of Pope Adrian And this agrees with the Testimony of Christ himself Bishops Judg. not only as to Jurisdiction of Marriage and Legitimation but all other matters wherein Temporal propriety comes in question that he refused the Jurisdiction of it as appears Luk. 12.13 And one of the company said unto him Master speak unto my Brother that he divide the inheritance with me And he said unto him Man who made me a Judge or Divider over you It appears therefore the Episcopal Jurisdiction of judging or dividing Temporal goods in the Spiritual or Ecclesiastical Courts came not from Christ but was usurped by Anti-Christ by force of Fire and Faggot and is from him derived to Bishops and Ecclesiastical Courts to the destruction of the rights of Princes and the liberty and propriety of the people
hath done him one wrong to do him another but in justice to be the readier to make the Father who injured him to make satisfaction by adjudging him right of Aliment and Succession to his Estate for as it is inconsistent with Mercy and the highest Cruelty Afflictionem addere afflicto so is it with Justice because the Coat is taken from an innocent to take his Cloak also or to make one injury done the warrant to do another No such word as illegitimation nor no such deed in the whole Scripture Fourthly Because there is no foundation for this unnatural Cruelty of illegitimation or indeed worse then beastly exposing Children to be destroyed in the whole Scripture neither is there such a word as Bastard in the whole Original Old Testament or New Hebrew Text or Septuagint but the same is falsely Translated by Papists and Bishops to deceive the World as shall be more fully shewn when I after come to the point of false-translation of all words concerning Marriage Fifthly All the examples of Scripture of unlawful Marriages yet Legitimate and make the Children Successors to their Fathers in such unlawful Marriages as Lot begot Moab and Ammon by Incest on his own Daughters yet were Moab and Ammon Legitimate Successors to their incestuous Father Judah begot Pharez by Incest on his Daughter in Law yet was he Legitimate Successor to his incestuous Father David got Solomon on an Adulteress with whom he had committed Adultery in her Husband's life time and kill'd her Husband to obtain yet did not this illegitimate Solomon but he Succeeded to his Father And according to the Law of Anastasius and the Law of God and Nature whether the marriage were lawful or unlawful yet the Law was amongst the whole Nation of the Israelites and Jews That all natural Children were Legitimate Illegitimation of Children shews Fathers worse then Pagans Insidels wild-beasts Monsters Serpents and Succeeded to their Fathers and the same Law was amongst the Aegyptians Athenians Phoenicians Persians Turks Tartars and Mahometans who though Infidels have been better then such counterfeit Christians who make Laws to illegitimate and not provide for their own Children O ye Jews Turks Heathens Pagans Infidels O ye wild Beasts in your Dens O you Serpents in the Desarts Oh ye Monsters in the Sea arise and witness against Popes and Bishops that your Dens Desarts and raging Seas are not such Hells as the Limbus puerorum of illegitimation Did you ever illegitimate your little Ones did ye not labour to provide for your own will you not with invincible Piety hazard your own lives in defence of your young Rise up in Judgment against these Romish wild Beasts Serpents and Monsters far more Cruel Poisonous and Monstrous then your selves who for gain teach to illegitimate starve and Murther their own self-begotten Babes before they can speak deploring their miserable Fate with weeping and wailing to be the Issue of so unnatural and cruel Parents Sixthly I shall only add a word concerning the Original cause which produced this wicked effect of illegitimation of Children which the cursed invention of Intails by the Priest of the Lands of the Husband to the Heirs of the Body of whatsoever Woman he married or certified married to the man whereby as is before mention'd the Priest by Certificate and the Woman by Secrecy had power to make Successors what Adulterous Heirs they pleased and most commonly begotten by the Priest himself to the Husbands Inheritance to cut off these Adulterous Intails the most ancient whereof we read were set up by Cecrops for the Owls of Athens and King Aegeus the natural Father of the famous Theseus was the first who invented Adoption to cut them off and accordingly Adopted his natural Son Theseus who thereby became his Successor to his Kingdom of Athens whereby the Certificate of the Bishop was abolish'd and the Supremacy of the Kingdom taken from the Priest to the King and the free disposing left to Fathers of their Estates to such Children as they acknowledged according to the deserving or undeserving of the Children After this Solon who is thought though not as wise yet to have been as great a lover of women as Solomon and to have been drawn by them into as great Idolatry for Solon as a principal peice of his Government intended to be set up by his Laws as shall be after further touched Consecrated and Founded Priests and a Temple to the Goddess Venus and endowed the same with great Revenues and Privileges and Consecrated a multitude of Curtesans to exercise their Trade and pray for the prosperity of Greece in the same And did what he could to restrain the free liberty of Adoption by Husbands whereby the Ladies were prejudiced in their power of instituting Heirs to their Husbands Estates in as free a manner as their Goddess Venus gave them leave But the more Masculine Princes both of Greece and Rome vindicated their own Power of Adoption both against the Priests and the Ladies And Anastasius without any Formality of Adoption cut off at a stroke all Feminine Intails by making all natural Children as they ought to be Legitimate which continued till as before mention'd the Strumpet Theodora and her Bishops got the Law of Anastasius repealed and Adulterous Intails again set up And the like Law was in England Fathers gave what they were bound by the Law of Nature to give to their natural Children for provision for them and they Succeeded to the same 'till the Bishops for the same ends as the Pagan and Theodoran Bishops did set up Here likewise by the Statute of Westmin 2. Cap. 2. those Feminine and Adulterous Intails have been since endeavour'd to be cut off by Fines and Recoveries But the many Inconveniences of those ways make the Remedy almost as bad as the Disease No remedy but abolishing Intails and restoring the Law of Anastasius To conclude therefore there is no way to prevent the exposing and desertion of Children by Fathers the Adulteries of Mothers and the murders of so many Infants occasion'd by this Diabolical Pontifical invention of Illegitimation as the abolishing all Intails to more Bodies then one and the restoring of that most excellent Law of Anastasius That all natural Children shall be Legitimate and the Innocent Babes be no longer punished and destroyed for the sins of the Parents Of the Law of Consensus non Concubitus facit Matrimonium Of the Pagan Goddess Juno and the Popish Mother of St. Kentigern both got with Child without a Man Of the Lady Ann of Britain married to the bare Leg of the Embassador of the Emperour Maximilian Of the Lady Pulcheria Sister to Theodosius the Emperour married to Martianus the Lady Etheldred to two Husbands the Lady Amigunda to the Emperour Henry the Second the Lady Editha to Edward the Confessor and the Lady Ann of Cleve to Henry the Eighth all married by Priests but not by their Husbands Intention of the mind The
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
the Doctrine of Christ for ab initio non fuit sic that a verbal Contract of words should pretend above the real Contract of carnal knowledg And the Lady Grey though it doth not appear but that she was otherwise a very vertuous Lady yet if she knew the truth of what is before mention'd concerning the Lady Lucy she cannot be excused in taking that Husband to her self who had already given the first pledg and made the cheif and real Contract of Marriage with another Woman and far happier might she have been if she had ascended a meaner but more lawful Bed for the Earl of Warwick at his return home from France finding by this Marriage his Embâ—ssage frustrated the Lady Bona deluded the French King abused and himself made a stale and the disgraceful Instrument of all this deeply resented and waiting his time raised an Army and by surprize took the King Prisoner and presently conveyed him to Middleton-Castle in York-shire to remain there in safe custody with the Bishop of York where if he had not by fair words and Money gotten his Keepers to permit him the recreation of Hunting and thereby means to escape he had lain at Mercy And after he was escaped and had gather'd sufficient Forces whereby he made the Earl of Warwick fly to the French King where he was honourably received yet the Earl returned again so Potent with the French joined with the great party he had in England that the King was fain to fly to Burgundy and the new advanced Queen to take Sanctuary at Westminster And though her Husband again returned and by a hazardous Battel wherein Warwick himself and many other Lords were slain he recover'd again his Kingdom yet he had so little quiet and less security that what injoyment she obtained of him was always in fear and danger of the Field and other Competitors of the Bed after a man guilty so more unhappy then her self and when she lost him by death she lived to see those Remains of him he had left her two hopeful Sons most cruelly Murther'd and for the conclusion of all her self confined to the Monastery of Bermondsie in Southwark and all her Goods confiscate by her own Son in Law Henry the Seventh yet no just cause appearing against her In which Monastery in great pensiveness within few Years she died There is a Case reported by Sir Jo. Davies and likewise mention'd by the learned Dr. Godolphin in his Repertorium Canonicum 488. to have happened in Ireland which was this G. B. Esq had Issue C. B. on the Body of J.D. whom he had never carried to Priest or Temple but his Son C. B. Desertion of a Woman after a Child for a richer in Ireland was begot by natural marriage without any Pontifical Ceremony About Sixteen Years after G. B. having found a Lady who was richer and of a greater Estate and Reputation then his first Woman by whom he had his eldest Son C. B. Marries her with assent of her Friends by whom he had Issue E. B. and died after the death of G. B. the said C. B. his reputed Son and his Mother being both left alive continued silent by the space of nine Years 'till they happened to have one of their Kindred Bishop of K. by whom they then were encouraged by new hope to obtain their Right who it seems not experienced in the Forms of Judicial Proceedings without any Libel exhibited and not Convocatis Convocandis proceeded to take the Depositions of many Witnesses to prove that the said G. B. Twenty-nine Years before had lawfully married and took to Wife the said J. D. Mother of the said C. B. And the said C. B. was the Legitimate and lawful Son and Heir of the said G. B. And these Depositions so taken the said Bishop caused to be ingrossed and reduced into the Form of a solemn Act and having put his Signiture and Seal to that Instrument delivered the same to C. B. who publish'd it and thereupon alledged himself Son and Heir to the said G. B. Hereupon an information is put into the Castle-Chamber in Ireland against the Bishop suggesting a Conspiracy to Legitimate C. B. Son and illegitimate E. B. the Daughter of the said G. B. And for this Practice the said Bishop and others were Censured This Case and the foremention'd Case of Kenne are both contrary one to another and both contrary to the Law of God In Kennes Case the wrong Heir is Legitimated by the nullifying of a lawful Marriage consummate by carnal knowledg and birth of the right Heir by Sentence of the Spiritual Jurisdiction and there the Common-Law will not releive the right Such Faith they say they are bound to give to the Spiritual Sentence whether right or wrong whether with cause or without cause until the Spiritual Judg revoke his own Sentence himself but here where a right Heir is made Legitimate by Sentence Declaratory of a lawful Marriage between the Father and Mother of the right Heir in the Castle-Chamber the Common-Law will Legitimate the wrong Heir and will give no faith to the Sentence of the Spiritual Judg if that they think it wrong so it seems the Common-Law in Westminster-Hall and the Common-Law in the Castle-Chamber are very contrary one to another as to the point of giving faith concerning Marriage and Legitimation to Spiritual Jurisdiction yet both contrary to right and destructive to the lawful Heir according to the Law of God and both give faith to Common and Canon-Law above the Supreme Law and Legislator Amongst the Greeks the manner of the Contract of Marriage was The Parties going to the Temple before the Priest the Man swore in the presence of Witnesses Se sponsam post concubitum invitum non deserturum That he would not after he should have lain with the Woman forsake her without her consent Arch. Att. 156. The like form of words in the Marriage-Contracts was used by the ancient Romans who shall rise up in Judgment against the Popes who unless Parties mumble the aforemention'd Nonsense of Verba de praesenti give Licence for Money to deceive and desert a Thousand though they have never so many Children by them and to make all Women common and to their own Priests to give example being interdicted all verbal Marriage that they may have the more liberty to abuse the real and to take and leave all they please and as oft as they please The like do the Guiny Priests who converse with the Devil and their form of Contract of Marriage is no doubt according as he will have it For the Woman is there sworn to the Man that she will not desert but the man swears not to her nor will oblige himself by any verbal Contract but is to be left as free as any Popish Priest whatsoever Desertion after deflouring hath caused Seditions and Civil Wars This deflouring and desertion was a while in fashion amongst the Roman Nobles and Patricians who
may serve other gods so will the anger of the Lord be kindled against thee and destroy thee suddenly And Nehem. 13.23 It is said In those days also I saw Jews that had married Wives of Ashdod of Ammon and of Moab and their Children spake half the speech of Ashdod and could not speak in the Jews Language but according to the Language of each people and I contended with them and cursed them and smote certain of them and plucked off their Hair and made them swear by God saying ye shall not give your Daughters unto their Sons nor take their Daughters unto your Sons or for your selves did not Solomon King of Israel sin by these things So doth Mahomet command his followers to marry only those of his Religion whom he calls True Believers and saith It is better to marry Slaves who are True Believers than great Princesses who are Vnbelievers So do the Popish Laws and Canons forbid Papists to marry Protestants under the name of Hereticks except with the Pope's Dispensation or License which is only used where he sees a fit opportunity to put such a snare about the Neck of a Protestant as the Philistines did with their Dalilah about Sampson to betray and destroy him So it appears both Jew Pope and Turk are wiser in their generation then the Children of Light The Papists make Laws and prohibit Marriage with Protestants and illegitimate their Children to make them incapable to succeed to a Papists Inheritance The Protestant sleeps and never makes so much as one Law to prohibit Marriage with Papists or to make Papist Children incapable to succeed to a Protestant Inheritance CHAP. VII Marriage Filiation Aliment and Succession ought not to be judged by Ceremonial Laws BY the Law of the Patriarchs or Moses there were no Ceremonies instituted of Marriage and the Marriage of Abraham to Sarah his first Wife was no more then of Adam to Eve Gen. 4.1 And Adam knew Eve his Wife and she conceived and bare Cain and said I have gotten a Man from the Lord. And this appears Gen. 20.2 where it is said And Abraham said of Sarah his Wife she is my Sister And Abimelech King of Gerar sent and took Sarah But God came to Abimelech in a Dream by Night and said to him as Mr. Selden de jur Nat. Gent. 573. translates the Hebrew Text Ecce tu morieris propter mulierem quam accepisti nam concubuit cum ea maritus Behold thou shalt dye for the Woman which thou hast taken for her Male hath lain with her God doth not say he hath carried her to Church and shook her by the hand before a Priest or took her per verba de praesenti or that Consensus non Concubitus facit Matrimonium but the contrary that he had married her because he had lain with her And the very same Marriage without any Ceremony doth Abraham likewise make with his second Wife Hagar Gen. 16.3 And Sarah Abraham's Wife took Hagar her Maid the Egyptian after Abraham had dwelt ten years in the Land and gave her to her Husband Abraham to be his Wife And he went in unto Hagar and she conceived Here Hagar is made Abraham's Wife by no other Ceremony but going in unto her and her conception thereupon And besides going in unto her there is no Ceremony appointed for Marriage in the whole Law of Moses nor had the Jews any custom of carrying the Woman to Church before a Priest but the contrary When they married it was in the open Air and thought it not Lawful in any House whence they might behold the Heavens in memory of God's promise to Abraham Gen. 15.5 And he brought him forth abroad and said Look now towards Heaven and tell the Stars if thou be able to number them and he said unto him so shall thy Seed be But admit Moses had made as many Ceremonial Laws for Marriage as he did for Sacrifices admit the Jews had superstitiously observed as many more by their Customs and Traditions yet were it to no purpose for both Ceremonial Laws and Traditions are all now abolished by Christ Col. 2.14 Blotting out the Hand-writing of Ordinances that was against us which was contrary to us and took it out of the way nailing it to his Cross And Math. 15.1 Where the Scribes and Pharisees asked Christ Why do thy Disciples transgress the Traditions of the Elders v. 3. He answer'd and said unto them Why do you also transgress the Commandment of God by your Tradition For God commandeth saying Honour thy Father and Mother but ye say Whosoever shall say to his Father and Mother It is a gift by whatsoever thou mightest be profited by me and honour not his Father and his Mother he shall be free Thus have ye made the Commandment of God of none effect by your Tradition And vers 9. But in vain do they worship me teaching for Doctrines the Commandments of Men. Here is the very same thing done by Bishops which was done by the Scribes and Pharisees for they on a Ceremonial Form of words used by Children gave them liberty not to honour their Father And the Bishops on a Ceremonial Form of words used by the reputed Father per verba de praesenti presently make the Child honour him who is not his Father nor begat him and if such Ceremonial Form of words be not used and a Certificate of the Bishop thereof then they command the Child not to honour the Father who begat him and command the true Father to illegitimate and abdicate his Child which was truly begotten And this they do either by the Ceremonial Law and Canons or Traditions of Popes But if both Ceremonial Laws and Traditions of Moses and Jews are abolished by Christ and by the Moral Law of God of honouring the Father much more are the Ceremonial Laws and Traditions of Popes and Bishops abolished by the same Moral Law I shall only mention a word more of the abolishing of the Ceremonials by the Testimony of the Popish Writers themselves who though in their works they keep alive all the Ceremonials of Moses's Law whence they can male profit yet in words and Doctrine they so far confess them abolished that they say it were a deadly sin to use them Aquinas therefore on the Question concludes Ceremonialia adeo sunt evacuata ut non solum sunt mortua sed mortifera Judicialia sunt quidem mortua quia non habent vim obligandi non tamen sunt mortifera quia siquis Princeps in regno suo ordinaret illa judicialia observari non peccaret nisi forte hoc modo observarentur vel observari mandarentur tanquam habentia vim obligandi ex veteris legis institutione talis enim intentio observandi esset mortifera The Ceremonial Laws are so utterly void that they are not only dead but deadly and the Judicials are dead but not deadly because if any Prince in his Kingdom will command those judicials to be observed he
not were called Kophrim Infidels or Heritics liable to the censure of Excommunication with whom it was not lawful as much as to eat having thus setled the opinion of his Sign of Mission he designs for the Jews in Constantinople and privately ships himself in a Turkish Saick in the Month of January 1666. and the Wind being Northerly he was detained Thirty-Nine Days in his Voyage so little command had the Messiah over the Sea and Wind at length he gets sight of Constantinople the Great Vizier being then there and not yet departed on his expedition for Candia who having heard some rumors of this man sent two Boats whilst the Saick was detained by contrary Winds with command to bring him Prisoner to the Port where being brought he was immediately clapt into the worst Dungeon in the Town where having remained two Months when the Vizier being designed for Candia and seeing the mighty conflux of People to him notwithstanding in his Dungeon and that the Jews at Constantinople were grown as mad to set up his Dominion as all the rest thought it not safe to leave him in the Imperial City whilst the Grand Seignior and himself should be both absent he causes him therefore to be removed to the Castle of Abydos being of Europe side of the Hellespont opposite to Sestos After he had been there a considerable time the noise of him flies louder to the ears of the Grand Seignior and he sends a Chiaux or Messenger to bring speedily Sabatai to Adrianople where he then was whither he was brought accordingly and being demanded several questions in Turkish by the Grand Seignior he desired a Doctor of Physick who had from a. Jew turn'd Turk to be his Interpreter which was granted him but not without some reflexion of the standers-by That had he been the Messiah or Son of God he would not have wanted Languages Being therefore come to make Answer for himself in that way he could the Grand Seignior demanded a sign of his Mission to be shewn by him of his Messiah-ship and would admit no other but a Miracle of his own choice which was That Sabatai should be stript naked and set as a mark to his Archers if the Arrows passed not through his Body but his skin was Armour of Proof then would he beleive him to be the Messiah Here the Devil forsook Sabatai as he useth to do Witches when brought before the Magistrate who beareth the Sword for the power of the Sword being a sign of Mission to it self in regard the Powers that are are ordained by God and lesser Powers are commanded to be subject to the greater The Power of the Magistrate may be greater then such petty Daemons as can only do such Ape-tricks as Inspirations or Witchcraft or if it is the roaring Lion himself he may perhaps be afraid to adventure on so many Troops of Hunters as the Magistrate can command and the Evil Spirit may not be in so high a degree Incorporeal as not to be liable to Corporeal-Force but whether he be or be not 't is certain his Instruments Sabatais Magicians and Witches are and they are therefore by the Magistrate to be compell'd to shew a sign of Mission as Elisha did to call Fire from Heaven which can protect them or the like against the Sword given by God to the Magistrate or else it is the duty of the Magistrate to execute Justice upon them Sabatai therefore knowing he had no Spirit of God to protect him against the Sword of God in the hand of a Power to the dreadful demand of such a sign of Mission disclaimed all his Titles to Kingdoms and Governments and humbly alledged that he was a poor Cocham and a Jew as others were and had nothing of Priviledg or Virtue above the rest The Grand Seignior notwithstanding not wholy satisfied with this plain confession declared That having given publick Scandal to the Professors of the Mahometan Religion and done Dishonour to his Sovereign Authority by pretending to draw-such a considerable portion from him under the pretence of the Kingdom of a Messiah as Palaestin his Treason and Crime was not to be expiated by any other means then by a Conversion to the Mahometan Faith which if he refused to do the Stake was ready at the Gate of the Seraglio to Impale him Sabatai with much feigned cheerfulness replyed That he was contented to turn Turk and that he did it not of force but of choice and having been a long time desirous of so glorious a Profession he esteemed himself much honour'd that he had the opportunity to on◠it in the Presence of the Grand Seignior Hist Three Impost 48. The Messiah in whom the Jews had placed their Faith so high appearing not able to shew a sign of Mission and what was worse turning Turk they were extreamly confounded with shame which they might have prevented had they as they ought to have done demanded the sign effectually first And if Mahomet who was the Mussul-men's Messiah or the Popes who are the Catholics Messiahs had in their beginnings but been put by Princes to shew such signs of Mission as Sabatai was by the Grand Seignior neither Mahometans nor Popes nor Bishops nor so many Superstitious Sects and Schismes could ever have plagued the World as they now have done for all these have still been raised by pretences of Missions from God of which they never shewed a Sign They have falsely Translated and Expounded the Scriptures in all words relating to Marriage The falsity of the Translation appears in the particulars following First Ish Isha 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The word Ish which in the Hebrew Text signifies amongst mankind a Male and amongst Beasts the same and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the Septuagint signifies the same and the word Isha which in the Hebrew signifies a Female and in the Septuagint 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latine Foemina in French Feme and in English Woman which all signifie amongst Mankind a Female Male Female which words Male and Female are used by Christ in their natural certain and general signification These have they translated into the Artificial Ambiguous and Arbitrary signification of their Vocabula Artis of Man and Wife as 1 Cor. 7.2 The Original Greek is Let every Male have his own Female and every Female her own Male which they have translated Let every Man have his own Wife and every Woman her own Husband that is to say such a Woman as the Bishop will please Arbitrarily true or false for Money to certifie to be his Wife and such Man as he will in like manner certifie to be her Husband and not such as Christ saith as God hath joined and made Man and Wife which is a false translation 1. Because it translates words general into words special 2. Because it translates words of a natural signification into Vocabula Artis of an artificial signification 3. Because the natural signification
dispose of his Estate which was a Patria potestas without which propriety of Fathers in their own Goods could not consist nor Adulteries of Wives and Rebellions of Children be prevented And to the potestas Patria Intails to Children of Adulterers and not of the Husband and potestas Dominii potestas instituendi haeredis as to Children and alienandi as to strangers was amongst all Nations incident till the Tyranny of Pontifical Imperial and Feudal Laws set up Intails made the Priests Judges who should be Lawful married and who should be Lawful begotten Heirs of their Bodies to be their Successors whether they would or no and whether the Children were the Children of Adulterers or the Husband 's Nothus a counterfeit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Secondly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is by Hesychius and other Authors of approved skill in the Greek-Tongue affirmed to signifie Fictus which is what is feigned or counterfeit and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the plural Number is put in the Text Heb. 12.8 signifies Filius genitus natus or naturalis and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies Filiatio in the true and natural sense but in the fictitious sence which is made ad placitum imponentis it is made to signifie Adoption which is a feigned or counterfeit Filiation Many ways of counterfeiting Sons have been used 1. When the Wife being Barren to please her Husband feigns a great Belly and a Delivery and presents him with a suppositious Child instead of her own so is it related of Algive the Wife of Canutus that she brought him such a Child whom he called Sweyne and afterward made him King of Norway and many other examples have been of the like 2. When the Person who would make himself Son deceives the Father so Isaac being blind Jacob putting on Kids-skin-Gloves the hair left on deceived the old man to beleive him his true eldest Son who was but a counterfeit And I my self knew a Woman in time of the Wars who having two Sons the Elder was Twenty Years before sent beyond Sea and died there whereby the younger had the Land of his Father settled upon him but at length the Soldiers in their marches passing the Country one amongst them of the like Age and Feature as was the Eldest Son of the Woman who Twenty Years before died beyond Sea Quarter'd in the Parish where the Woman lived and being informed by some of the House where he Quarter'd how like he was to that Person and thereupon enquiring out as many particular passages as he could which had passed between the Woman and her Son and others and what particular marks the Eldest Son had the Soldier went to the Woman's House enquiring for his Father and Mother whose blessing he asked and they being thereat much surprized he told them he was their Eldest Son and what Fortunes Providence had carried him thorough to bring him home again at which the doubtful Parents examin'd him and askt him many questions to try whether he were their very Son Esau or not and took more time and the Woman likewise examin'd him in private by her self but he at last so persuaded the Woman that she beleived and affectionately received him for her Eldest Son who had been thought so long dead till at length the younger Brother who feared to be again disinherited of what was settled on him with much ado discover'd the counterfeit 3. When the Mother is Deliver'd of a true Son and a changling is brought home by the Nurse or other Artifice instead of the true 4. When the Father having no natural Son adopts a Son begotten by another Father so did Claudius adopt Nero and many other of the Roman Emperors and many Persons of private Families having no Son of their own convey and settle their Names Titles Arms and Lands to the Son of a stranger now these Adopted Sons are all Counterfeit Sons and neither Emperor nor Pope nor Bishop nor Act of Parliament nor Legitimation nor Dispensation can make these true or natural or lawful begotten Sons whom God hath not made so 5. When Sons who are not natural are testified to be natural Sons by false Witnesses which is often practised in the Biships Courts such are counterfeit Sons 6. When such as are not natural Sons are testified Sons by the Bishops Certificate such are false and counterfeit Sons and this way of Filiation Aliment and Succession by the Bishops Certificate is of all other the most wicked and abominable Quia Probatio non admittitur in contrarium Whence it is concluded That neither the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seeing they have both a true and natural signification ought not to be translated to words of a counterfeit signification The said Text of Scripture therefore Heb. 12. 8. Ye are Bastards and not Sons are falsely translated and ought to have been translated Ye are Counterfeits and not natural Sons for as to the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is manifest to signifie a Counterfeit and therefore ought to be so translated and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 't is manifest it signifies not a Son in general for that comprehends both true and counterfeit Sons but a natural Son in special which only signifies a true Son as 't is opposite to a counterfeit where therefore the Genus is translated for the Species or the Species for the Genus this is grossly false Translation Genus translated for the Species Species translated for the Genus as hath been shewn likewise before Secondly A word of general signification ought not to be translated into a word of special signification and this shews the Latine Translation which is Supposititit estis non filii is false translated though not so wickedly as the English because a Supposititious Son is but a Species of Nothus the Genus as Virgil says Suppositos de matre nothos furata creavit A certain word into an ambiguous Thirdly A word that is certain ought to be translated into a word of incertain ambiguous significations Now the word Nothus in the time it was writ by Paul which was before Justinian's and Pope's Heads were hot with their Civil or Canon-Laws the word therefore ought to be translated in the certain significat wherein Paul writ it which is a counterfeit and not in the signification of what it is made since of a new invented Vocabulum Artis by the Civil Canon or Common-Law for then it must have been understood all the writers time by way of Prophecy how Tribonian Gratian Coke Skene and Grotius would expound it and how the Bishops would translate it to be a Bastard and him a Bastard whose Mother would not give them Money for their Licence to Marry which was a thing impossible for the Christians of those times to understand or how to reconcile the variant and contradictory expositions would in the later days be for gain made
whole People is to be intended only where the Case is reduced to that necessity that either one or other must be but in this there is no necessity Trial should be by Certificate of a Bishop at all and though uno absurdo dato mille sequuntur were there a Thousand inconveniences followed if the Certificate of a Bishop should be question'd for falsity it being first granted it belongs to him to make Certificates yet there is no necessity that absurdity should be first granted that it should belong to him to make Certificates for there are ways enough wherein no Inconveniences follow of Trial of Truth without Certificates of Bishops 2. The supposition is repugnant and impossible that any Case should happen or be shewn in the World wherein Fiction or Falsity ought to be suffer'd in Judicial proceeding or where Probation ought not by the Law of God to be admitted against such Fiction and Falsity notwithstanding the corrupt practice of Courts to the contrary and such suffering of a private mischief of that kind to a private Person is so far from preventing a publick Inconvenience that it will bring both a private and publick mischief and destroy both for it is as impossible to separate Truth from Justice as the Light from the Sun 3. That which is alledged for an inconvenience to the publick That one Bishop would make a Certificate contrary to another this is no more publick inconvenience than if Thieves should fall out and true men come by their Goods 4. As to what is said That the Certificate of the Bishop is in this Case the highest Trial in the Law we must distinguish the Law for it was then the Law of Popery was Predominant which gave Supremacy in Causes of Marriage Filiation and Succession to the Bishops above Kings and to the Sentences in Bishops Courts and made them above Appeal to the Kings Courts and the Foundation of that their Supremacy was That then by that Law Marriage was a Sacrament and Penance was a Sacrament but the Law being now changed from Popish to Protestant and the Supremacy being now given by the Protestant Law to the King above the Bishop as well in Causes Matrimonial as in all other Ecclesiastical Causes and the Protestant Religion taking away the two Popish Sacraments of Marriage and Penance which were the only Roots whence the Episcopal Jurisdiction of Marriage and the incidents to the same pretended to sprout Cessante Causa ratione legis cessat Lex the pretended Causes of the Jurisdiction ceasing the Jurisdiction it self ceases whereby now the Certificate of the Bishop is so far from being the highest Trial that it ought to be no Trial at all for the Sacraments ceasing the Jurisdiction ceaseth and the Jurisdiction ceasing the Power of Trial ought likewise to cease 5. For Councel to advise his Client to maintain a false Certificate of the Bishops knowing it to be false is as wicked as for the Bishop to make a false Certificate knowing it to be false or which is impossible for him to know to be true as all relating to Filiation are it being their own Rule Filiatio non potest probari except by the Parents wherefore ex Ore Suo they condemn themselves of false Judgment and are not therefore fit to be Judges 11. They Judg by Ceremonies and not by Circumstances As to the word Ceremonia some will have it derived à Cerere because they used divers Formalities in the Worship of the Goddess Ceres But this is not proper seeing all the Heathen Gods and Goddesses had as many Formalities in their Worship as she others derive it from Cerete a Latine Town whither as saith Valerius Maximus the Flamen Quirinalis and the Vestal Virgins fled with their Trinkets while the Gauls besieged Rome others derive it à Cereis from Torches and Tapers lighted made of Wax which amongst the old Pagans was a great Ceremony used in the Temples of their Gods and at their Marriages but this is likewise improper and only figurative to take species famosior pro toto genere and not natural so it appears the Etymology of it is either unknown or it is it self an Original not derived from any Rites which is a word usually joined with Ceremonies and much of the same Signification some will have derived à Ritualibus now the Rituales were old Magical and Superstitious Books of the Hetruscan Priests by help of which they either conjur'd their Gods or made the People believe so and they had all the Formalities written in them which were to be used at making Marriages at laying the Foundations of a City and how Altars Temples and Houses were to be Consecrated and how their Courts of Justice and Counties and Hundreds were to be divided for in all these the old Pagans used to Consult their Augurs Aruspices Bishops and Priests and were like our Books of Ecclesiastical Canons But it seems rather these ritual Books had their names derived from the Rites whereof they were made a written Collection and not the Rites from the Rituals and so Rites as well as Ceremonies may be words which none knows whence they came or whether they will But to come from the Etymology of the word Ceremony to the thing usually signified by it and the difference between a Ceremony and a Circumstance it seems A Ceremony is an Act accessary joined to a Principal not affecting the Principal Act with Good or Evil by the Law of God A Circumstance is an Act accessary joined with a Principal affecting the same Principal Act with Good or Evil by the Law of God Ceremonies are infinite but Circumstances are usually drawn to Seven Heads 1. The Cause of doing the Act which is divided into four kinds The Efficient Final Material Formal and these again subdivided into others 2. The Person by or with whom the Act was done 3. The Place where it was done 4. The Time when it was done 5. The Quantity continued or discrete 6. The Quality which is manifold 7. The Seventh and last Circumstance is the Event of the Act the Civilians expound very improperly and instance whether the Act is done by Fear Force Error Deceit Fault Chance or the like for how can these which are precedent Causes of the Act and therefore ought to be refer'd to the Cirstumstance of the Causes be said to be the Event of an Act which is always subsequent and not precedent to the Principal Act and in that sense is always used by the best Latinists as Cicero in Rhetor. Things are often judged from the Event than which there is nothing more unjust and the Poets agree in the same Careat Successibus opto Quisquis ab Eventu facta notanda putat Eventus Belli incertus wherein it is used for the Fortune and Success following the Battel and not the Fortune or Chance which began or occasion'd it So the Common Law in punishing the Event as the death of any Man within a Day or
I knew one who used when he had been cited to make Presentment according to the Charge in the Book of Articles to the Bishops Court he used always at his Return from Court to boast that he had presented omine bene and thought his Conscience well discharged whether all was ill or well as long as he presented something in his kind of Latine which he understood not The Evils are likewise considerable enough in keeping up still this old Popish Language in the written Instruments of Bonds Charters and Patents you shall not have a Bond in Latine written by an ordinary Clerk or Scribe in the Countrey but he is apt to mistake sometimes he will write Wiginti for Viginty Quadraginta for Quadringenti Quinquaginta for Quinginti or the like or mistake in the Dashes for if those too be not More Clericorum 't is as bad as false Latine yea to put in true Latine where they use to write it false may be dangerous for you run a hazard either to lose your Money or to fall into the misery of a Common Law Demurrer or a Chancery Suite which costs many times more than the Principal is worth to recover it Then further if the Obligor or Obligee understand not Latine nor can examine the Writing to be Sealed the Scrivener or Clerk may take Money of one part and Cheat the other as he pleaseth Then as for Latine in Charters and Patents they are Penn'd in such obsolete uncouth and Barbarous Terms that the King is many times abused and deceived in his Graunt and the Grauntees likewise and fall often into tedious and wastful Suites about a word which if they had been in English would never have been nor happen'd As bad mischiefs likewise often fall out by the Physician 's using this Popish Language in his Bills as by the Lawyers for the Apothecaries Boys though they have been at School know not all the words in the Dictionary nor can they find there the Barbarous Words and Terms of Latine or Greek Physick nor their Antick and unnecessary Notes or Characters of Weights and Measures So that oftentimes by mistake either of the Ingredient or Dose many a Patient is thereby Poison'd and kill'd and be he Protestant or Papist they find alike that their Implicite Faith in the Doctors Latine did not save but destroy them though they come not to complain after they are dead Again to keep Laws and Judgment in Latine shews that Bishops are not as they falsely pretend Successors to Christ nor to the Apostles for those who had mission from them had the gift of Tongues purposely that they might Preach to every Nation in their own Language as appears Acts 2.7 And they were all amazed and marvelled saying one to another Are not all these which speak Galileans And how bear we every Man in our own Tongue wherein we were born Parthians and Medes and Elamites and the dwellers in Mesopotamia and in Judâ—ea and Cappadocia in Pontus and Asia Phrygia and Pamphylia in Aegypt and in the parts of Libya about Cyrene and strangers of Rome Jews and Proselytes Cretes and Arabians we do hear them speak in our Tongues the wonderful works of God And 1 Cor. 14.18 I thank my God I speak with Tongues more than you all Yet in the Church I had rather speak five words with my Vnderstanding than Ten Thousand words in an unknown Tongue To Judg a Nation therefore in an unknown Tongue is Anti-Christian and Anti-Apostolick Though the Turk prohibites Translation of his Alcoran out of the Arabick Tongue into the Turkish Language yet he permits the People to have matters of Justice administred to them in their own Tongue In old Rome the Forms of Actions and Judicial Proceedings were for many Ages kept hid by the Priests in secret amongst the pretended Sacred Rites and Ceremonies of their gods which matters of Religion and Justice were by most of the Ancient Priests kept in a Language unknown to the People under the name of a Sacred Language and only understood by the Priests one of these Books of Forms Cneius Flavius a Clerk to one of the Priests Copied or Translated and Published one to the great Indignation of his Master and of all the rest of the College of Priests But so grateful was the doing the same to the People that they advanced him to great Honours and made him a Curule Aedile only for doing the same In the Councils of Venice the Nobles are bound to use the Venetian Language and when any hath begun to speak Latine they have him in great Dislike clapping their hands and crying out hold hold Govern Ven. 26. In China though the Languages of the Provinces differ yet have they one General Court-Language call'd Quonhoa for their Courts and Writings which is common through all China by means whereof the Magistrate need not in every Province to learn a new Language Though the Persian Empire was very great and contained an Hundred and Twenty Provinces and every Province had a Satrapa or Sheriff to Govern it yet Esther 1.22 Ahasuerus sent his Writs unto all these Sheriffs into every Province according to the writing thereof and unto every People after their own Language The Greeks and Romans had their Proceedings in their own Language And in Germany all Law-Suites are in the German Language as saith Clapmarius de Arcan Dom. P. 119. Constitutio imperii est ne in Camera lites alia Lingua intendantur nisi Germanica Jerem. 5.15 Threatens as the greatest Plague I will bring a Nation upon you from far and after he saith a Nation whose Language thou knowest not neither understandest what they say Their Quiver is an open Sepulchre they are all mighty men and they shall eat up thy Harvest and thy Bread which thy Sons and thy Daughters should eat they shall eat up thy Flocks and thy Herds they shall eat up thy Vines and thy Fig-trees they shall impoverish thy Feneed Cities wherein thou trustedst with the Sword And what do Bishops with their Latine and false Latine and the whole Language of the Beast but the same This is a great Evil yet would be Remedied with a word and would make his Majesties Name Renowned to future Generations that he was the first King of England who vouchsafed to send his Commands to his Subjects in the same Royal Language which he spoke himself They Judg for Fees and not for Salary Bajazet's fury against Judges taking Bribes In the time of Bajazet the Fourth the Turkish Kingdom growing in Greatness grew likewise in Corruption but especially in the Men of Law and Judges of his Courts who made all Justice saleable for Bribes whereat Bajazet grievously inraged commanded divers of the same Judges to be apprehended determining to the Terror of others to have executed them whose dangerous Estate was much pitied by Alis Bassa and other Courtiers they perhas selling their Places to them and thereby forceing them to sell Justice to others yet none of
take any Oath unless it be only in Cases Matrimonial or Testamentary But whereas also by a certain Act in Parliament began and holden at Westminster the 8th Day of May in the 13th Year of our Reign and there continued till Wednesday the 30th Day of July in the 13th Year of our Reign afâ—resaid and from the same Day the Parliament Adjourned till the 20th Day of November then next following amongst other things it was Enacted by the Authority of the said Parliament That it should not be lawful for any Arch-Bishop Bishop Vicar General Chancellor Commissary or any other Spiritual or Ecclesiastical Jurisdiction to offer tender or administer to any Person whatsoever the Oath usually called the Oath Ex Officio or any other Oath by which such Person to whom it may be offered or administred might be burdened or compelled to confess or accuse him or her self of any Criminal matter or thing whereby he or she might be burdened with any Censures or Punishments as in the said Act amongst other things it is more fully contained Yet you the aforesaid Bishop after the Coming forth of this Act viz. the 23d Day of July in the 27th Year of our Reign in no wise regarding the said Law and Statute at Chichester in the County of Sussex did offer and tender unto the said Thomas Watersfield being then Church-Wapden of the Parish Church of Arundel in the said County of Sussex a certain illegal Oath Ex Officio to be performed by the said Thomas Watersfield in a Cause neither Matrimonial nor Testamentary by which the said Thomas Watersfield might be forced to accuse himself of divers matters Criminal and with which he might be Burdened with divers Punishments and Censures Ecclesiastical In which Oath as it was then tendered the said Thomas Watersfield should with his utmost Diligence Present every Person which then or lately was Inhabiting within the said Parish of Arundel who hath done any offence or neglected any Duty mentionâ—d in certain Articles contained in a certain Printed Book which Book was then and there shewn by you the said Bishop to the said Thomas Watersfield and the said Thomas Watersfield doth Aver at the time of the Tendering of the said Oath and before and afterwards ever since and hitherto That he hath dwelt and been Resident in Arundel aforesaid and that in the said Printed Book at the said time that the said Oath was tendered to be performed there was contained amongst other thâ—ngs this Question viz. Whether every Person Inhabiting or Sojourning within the Parish of Arundel aforesaid did daily resort every Lords-day and Festival appointed for Divine Service to the Church and whether they did there remain the whole time of Divine Service quietly with Reverence Order and Decency and whether Church wardens and Officers called Sides-men did observe those which came late after the beginning of Divine Service or went away before the end of the same and whether they did suffer some to stand idle or to talk in the Church-Porch or to walk in the Church-Yard during the time of Prayer and Preaching or other Sacred Duties And forasmuch as the said Thomas Watersfield did then and there refuse to take the said Oath you the aforesaid Bishop did pronounce the Sentence of Excommunication upon him afterwards that is to say upon the 23d Day of July in the 27th Year of our Reign aforesaid at Chichester aforesaid In Contempt of Us and the manifest Damage Prejudice and Impoverishment of the said Thomas Watersfield and against the Form and Effect of the said Statute and the Common Law of this Our Realm of England And whereas such Pleas by the Laws of England of Right belong to Us and not to You We therefore being willing to maintain the Laws of our Crown and the Law and Custom aforesaid as by the Bond of our Oath we are bound to do We forbid you firmly enjoining you not to intermeddle or hold before you the said Bishop the Plea and Sentence aforesaid as to any Answers in the said Articles concerning the said Thomas Watersfield or any thing from thence attempted But that you Release and Dissolve all Decrees and Sentences if any be against the said Thomas Watersfield by reason of the said Fulmination And that you do absolutely Release him the said Thomas Watersfield from all Decrees and Sentences upon occasion of the said Fulmination Teste at Westminster the 6th Day of May in the 28th Year of Our Reign Wurley The Suggestion on which this Prohibition is granted remains Recorded in the said Court of Common-Pleas in Mr. Wurley's Office Roll 551. Excommunicators Murderers John Hus and Jerome of Prague held That Priests ought to Preach notwithstanding Excommunication That Bishops were Murderers for delivering men over to the Lay-power for Disobeying them That such Excommunication was a humane Invention to maintain the Pride and Cruelty of the Clergy And were Martyr'd for this and other Truths The King shall be forced to Execute every Decree of the Pope or Priests with the Temporal Sword though contrary to his Conscience otherwise he shall be Censur'd if obstinate not worthy to hold his Crown Sheriff of Englands Oath The Sheriffs of England are compell'd to be Sworn to Assist and Execute all the Commands of Bishops not excepting against the King himself which is a most wicked Oath to be suffer'd For though it doth not Swear in express words to give the Supremacy of the Temporal Sword to this Spiritual Sword of Excommunication that the Priests were too subtle to have appear openly in their Form Excommunicators Usurp Supremacy yet doth it require him to Swear what is Aequipollent to assist and maintain the Bishops and Commissioners of the Holy Church as often as by them requirâ—d whereby their Spiritual Sword is made the Imperant and the King 's Temporal Sword the Obedient The Imperant hath Supremacy over the Obedient as it is said Rom. 6 16. Know ye not to whom ye yeild your selves Servants to Obey his Servants ye are to whom ye Obey Shall the Sheriff therefore be compell'd to be a Traitor to deliver the Temporal Sword intrusted in his hand by the King to those who assume that Luciferian Title of the Holy-Church to be Supreme above the King which is point-blank contrary to his Oath of Supremacy which obliges him to suppress with it such a Rebellious Pride to the utmost of his Power The Sheriff is likewise by the Law of Scotland to do Execution on Excommunicate Persons as appears Skene de verb. signif tit Schiriff Sheriff of Scotland whose words are The Sheriff shall take and apprehend all Cursed and Excommunicate Persons at the desire of the Bishop or his Official and put them in Prison untill they satisfie God and the Kirk Stat. 2. Reb. Br. specially them quhahes remained under the Censure of Excommunication by the space of Forty Days Quon Attach Rextali 76. And by Ja. 2. P. 4. cap. 7. it is Enacted That
Null all Oaths of allegiance unless they will buy their Crownes of them and pay Tribute There is in our own English History a Manifest Example of the same in that noble King Henry the second who Complaines to his Parliament against the Bishops and the whole Clergy That in their Election of King Stephen his Predecessor who was a Collateral Heir they had imposed on him their own Conditions with all advantages to themselves whereby they Deprived his Mother Maud the Empress and him who was her issue and the right Lineal Heir of the Succession to the Crown And how they dealt with the People as well as with the King appears by the Complaint of the Lay-Nobility to the King at the same time That the Privileges of the Clergy hindred all Execution of Justice that the same could have no Passage through the Kingdom and having Exempted themselves from the Jurisdiction of the Magistrate there had been since the beginning of his Reign above an Hundred Man-slaughters Committed within the Realm of England by Priests and men within Holy Orders Dan. Hist 83. Such were the Fruits of Bishops and persons within Holy Orders and the three fine Knacks of Consecration Ordination and Excommunication wherewith they both Allured and Terrified the Superstitious People And such were the fruits of their pretended Divine Mission with the Olive Branch of Peace for tho Unction and Crowning of Kings who confected their Oyntment of the Ingredients mention'd in Psal 55.21 The words of his mouth were smoother than butter but War was in his heart his words were softer than oyle yet were they drawn swords 1. Of Gods Preservation of John Keysar notwithstanding his Excommunication and Delivery to Satan by an Arch-Bishop of Canterbury 2. Of Delivery to Satan by Bishops and their Prohibition to cast him out again by Fasting and Prayer without the Bishops Licence 3. All Excommunication and delivery to Satan by Bishops without a Sign of Mission from God if Malefice follow ought to be Punished as Witchcraft if not as a Cheat. 4. To grant a Bishop Power of Excommunication is to grant him Power to set up Idolatry to make all Sins equal to Pardon all Sins for Money Coke part 3.42 Ex Mich. 5. E. 4. Rot. 143. Coram Rege Keysar deliver'd to Satan protected by God John Keysar was Excommunicated by the greater Excommunication before Thomas Arch-Bishop of Canterbury and Legate of the Aposto lick See at the Suit of another for a reasonable part of Goods and so Remained Eight Months and the said Keysar openly affirmed That the said Sentence was not to be feared neither did he fear it and albeit the Arch-Bishop or his Commissary hath Excommunicated me yet before God I am not Excommunicated And he said he spoke nothing but the Truth And so it appeared for that the last Harvest standing so Excommunicate he had as great plenty of Wheat and other Grain as any of his Neighbours saying to them in scorn That a man Excommunicate should not have such Plenty of Wheat the Arch Bishop denying these words to be within the Statute of H. 4. concerning Lollards who were the Primitive Protestants and Protomartyrs of England did by his Warrant in writing comprehending the said Cause by Pretext of the said Statute Commit the Body of the said Keysar to the Gaol at Maidstone for that saith he in respect of publishing the said words Dictum Johannem non immerito habemus de Haeresi suspectum by reason whereof the said John Keysar was Imprison'd in Maidstone Gaol and in Prison detained under Custody of the Keeper there untill by his Councel he moved Sir John Markham then Chief-Justice Justice of England and other the Judges of the Kings-Bench to have an Habeas Corpus and thereupon as it ought a Habeas Corpus was granted upon which Writ the Gaoler Returned the Cause and Special Matter and withal according to the Writ had his Body there The Court upon mature Consideration and on Conference with Divines Resolved That upon the said words Keysar was not to be Suspect of Heresie within the said Statute as the Arch-Bishop took it and therefore the Court first Bailed him and after he was deliver'd for that the said Arch-Bishop had no Power by virtue of the said Act to Commit to Prison John Keysar hereby proved the Arch-Bishop to be no Incantor Messium but he thereby proved though he was no Witch yet he was a Cheat. Prohibition to cast out the Devil by Fasting and Prayer In the Book of Canons newly Printed 1673. the Canon 72. contains these words No Minister or Ministers shall without the Licence and Direction of the Bishop of the Diocess first had and obtained under his Hand and Seal attempt upon any pretence whatsoever either of Possession or Obsession by Fasting and Prayer to cast out any Devil or Devils under pain of Imputation of Imposture or Cozenage and Deposition from the Ministery The Bishops in prohibiting to cast out the Devil without their Licence imitate something the Popish Exorcists part of whose Exorcism is according to Mengus Flagell Daemon p. 36. The Exorcist ties a Stole about the Neck of the Party with three knots saying Oh ye Abominable and Rebellious Spirits I Adjure Conjure and Compell you wheresoever you have your Residence in this man by the Father and the Son and the Holy Ghost that ye immediately understand the words of my Conjuration and the virtue of it and that ye dare not depart from the Creature of God and Image of Christ without my Licence This is not only Anti-Protestant and the way to bring in all the Popish Magick and Exorcisms into the Church but is Anti-Christian for Christ himself affirms There is no holier or higher way of casting out the Devil than by Fasting and Prayer as appears Matth. 17.14 And when they were come to the multitude there came to him a certain man kneeling down to him and saying Lord have mercy on my Son for he is Lunatick and sore vexed for oft-times he falleth into the fire and oft into the water And I brought him to thy Disciples and they could not cure him And verse 18. And Jesus rebuked the Devil and he departed out of him and the Child was cured from that very hour Then came the Disciples to Jesus apart and said Why could not we cast him out And Jesus said unto them Because of your Vnbelief for verily I say unto you if ye have Faith as a grain of Mustard-seed ye shall say unto this Mountain Remove hence uâ—to yonder place and it shall remove and nothing shall be impossible unto you Howbeit this kind goeth not out but by Prayer and Fasting Christ agian will not suffer the Disciples to prohibit any to cast out the Devil as Mark 9.38 And John answered him saying Master we saw one casting out Devils in thy Name and we forbad him because he followed not us But Jesus said Forbid him not for there is no man that shall
tend most to the Peace of the Church for unless there were an Interval for the Bell to Toll a space after the end of the Prayer before the beginning of the Sermon the Parish who love not long Prayer will not be able to know when the Sermon begins and very many of them though they would be all glad to join with the Chaplain in his Prayer for the King yet will they many of them perhaps have Scruples in Conscience to join with him in Prayer for his Patron Patron if to be Prayed for in Publick 1. Because he may sometimes happen to be a Papist and one that seeks the Destruction of the Protestant Religion and all Protestants and many may grow doubtful to Pray for the Prosperity of such a one the same seeming to be Prohibited 2 John 10 11. Where it is said If there come any unto you and bring not this Doctrine receive him not into your House neither bid him God speed For he that biddeth him God speed is partaker of all his Evil Deeds Patron a Papist 2 As to Publick Persons we are directed by the Scripture to Pray in Publick for none but Persons in publick Authority but a Papist is by Acts of Parliament Excluded from all publick Authority and Office therefore no publick Person 3. As to private Persons the Scripture and practice of the Primitive Christians direct to Pray for no private Persons particularly and by name but such as are sick or possess'd by the Devil for in such Case the direction of Christ and practice of the Primitive Church was to cast him out by Fasting and Prayer but many Patrons are neither sick nor possess'd therefore there is no direction in Scripture for them to be Prayed for by name in publick 4. The Chaplain useth to Pray for Bishops especially if Patrons wherein many Protestants may not be free to join in regard they many of them assume to themselves to be Judges of Heresie and the Rule of Heresie they make is the Four first General Councils and the Papal Canons for Ceremonies and against Lollaries the Parliament deceived by the Bishops to leave the Four first Councils the Rule of Heresie was 1. Eliz. 1. In which Act to Prohibited Commissioners appointed by the Queen by virtue of that Act If Bishops are Papists or to be Prayed for who Judge Heresy by the four first Councils to proceed in Judgment of Heresie beyond the words prescribed them the words-Prohibited in a Proviso are these viz. Shall not in any wise have Authority or Power to Order Determine or Adjudg any Matter or Cause to be Heresie but only such as heretofore have been Determined Order'd or Adjudged to be Heresie by Authority of the Canonical Scriptures or by the first Four General Councils or any of them or by any other General Council wherein the same was declared Heresie by express and plain words of the said Canonical Scriptures or such as shall hereafter be Order'd Judged or Determined to be Heresie by the High Court of Parliament of this Realm with the Assent of the Clergy in their Convocation Of the Four first General Councils by which Bishops would Judg Heresie and of the Suspition lies on such Judges to be Papists and not to be Prayed for in Publick The Four first General Councils which I suppose they mean were the Council of Nice in Bithynia the Council of Constantinople where the Great Turk Lives the Council of Ephesus where the Great Diana of the Ephesians and the Image which fell from Jupiter were Worshipt and the Council of Chalcedon in Bithynia Council of Nice As to the Council of Nice there were two one about Anno Dom. 330. the other about Anno Dom. 381. In the First called by Constantine the Great there were 318 Bishops in another call'd by another Constantine there were 350 Bishops which of these our Bishops would have I cannot tell but they may wink and choose and though each was Nice yet neither of them was more Nice than Wise for the Profit of the Bishops and the Bishops 1. Eliz. were as wise as they to join the Canonical Scriptures and the Council of Nice that nothing should be Judged Heresie without their Joint Consent for the Canonical Scripture hath not so much as one Bishop they having falsely translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Bishop which ought to have been an Overseer of the Poor so as there is not one Bishop to be found in Scripture to be a Judg of Heresie any more than of Marriage whereas at one of the Nices there were 350. And in the Scripture is not one Image found lawful to be Worshipped whereas at both the Nices there were a multitude Set up Images and at the last Nice all the Holy Images of Irene the Empress which the Emperor Leo Isaurus had knockt to pieces were Restored and Two and Twenty Canons thereupon made That all Image-breakers should be adjudged Hereticks to the great profit no doubt of the Holy Bishops who knew as well as the Silver-Smiths of Diana wherein their Gain lay Council of Constantinople The Council of Constantinople was a General Council call'd about the Year of our Lord 383 by Theodosius the Emperor where were 150 Bishops of several Sects 36 of them were Macedonians who held the Holy-Ghost to be an Angel because Christ is said to send him and Macedonius their Teacher was then Bishop of Constantinople the place where this Council Sate Him this Council Deposed and his Party became thereon Excluded Members whereby all Votes passed for the Bishop of Romes Doctrine with whom the Bishop of Constantinople was always a dangerous Corrival for Supremacy there were joined in this Council Theodosius Gratian Confirmed Images and Damasus the Pope this Council confirmed the Nicene Faith and their Worshipping of Images for a Pope could not live without them Council of Ephisus Another General Council was called at Ephesus about the Year 834 by the Emperor Theodosius the Second and by the Instigation of Pope Celestine the First against Nestorius then Bishop of Constantinople who according to Evagrius l. 1. c. 7. held That the Blessed Virgin Mary ought to be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Mother of Christ Continued Images and not the Mother of God which Doctrine being dangerous to the Worshipping of Images and the drawing of the Supremacy from Rome to Constantinople the Pope got the Council called and not to sit as formerly at Constantinople but at Ephesus where Nestorius had not so much Power and there being not able to bring him to Submit to the See of Rome they Deposed him and Banished him to Oasis This Council of Ephesus is said to have left Two Copies of its Canons in certain and variant one from another and some of them are Condemn'd by the Council of Chalcedon as Suppositious which besides the Worshipping of Images continued by this Council makes it a