CHAP. I. Of the Five Competitors to be Judges of Marriage, Filiation, Aliment, and Succession.
(1.) The Bishop.
(2.) The Magistrate.
(3.) The Soldiers.
(4.) The Parents.
(5.) The King and Parliament.
HAving before shewn unanswerable exceptions against the Ecclesiastical Laws, by which Bishops pretend to judg; I shall now propose exceptions Declinatory, of the Authority and Jurisdiction usurped by them, and likewise of their Personal disabilities and incapacities, to be Judges of the matters in question, all which are (1.) In reference to the Legislative. (2.) The Judicial. (3.) The Executive or Military Power all usurped or abused by them.
Exceptions against Bishops being Judges, in reference to the Legislative.
They assume to be Judges, Jure Divino,
without a Sign of Mission from God, which overthrows the Legislative Power of King and Parliament.
For they assume to be Angels and Messengers of God, Embassadors of Christ, and Successors by his last Will and Testament, of the whole Power of Judgment given to the Son; yet do they shew no sign of Mission from God, no letters of Credence from Christ, nor any letters of Probat, that they were nominated either Executors or Legatees in any such
[Page 138]Testament, or in the Testament of any Executor or Apostle of Christ; or in the Testament of any Executor of such Executors. But they follow therein the old Cheat of all the old
Pagan Legislators. Thus did the old
Aegyptian Priests call themselves Angels of God, and were so called by the People; and
Menes, their most ancient Law-giver, recorded in the World, alledged his Laws received from
Mercury the
Pagan Michael or the Arch-Angel of the
Messages of the gods.
Minos the Legislator of
Creet, to soar a pitch above the Authority of the Laws of
Menes, attributed his to
Jupiter himself, and alledged to the People, That the great God was his Guest in his House for the space of Nine Years together, and Dined and Supped with him every day, till he had indicted to him those Divine Laws, and he was able to write them for Publication. Thus did the
Pope over-top that Law which was given by the disposition of Angels, by pretence of Inspiration of the
Holy Ghost, whom he sent to the Council of
Trent in a Cloak-bag. And
Mahomet to out-do the
Pope, made himself the
Holy-Ghost, affirming himself to be the Comforter promised by Christ.
John 14.25, 26.
These things have I spoken unto you, being yet present with you: but the Comforter, which is the Holy-Ghost, whom the Father will send in my name, he shall teach you all things, and bring all things to your remembrance, whatsoever I have said unto you. Now the Bishops pretend to a greater Power from Christ then
Mahomet, he only in this claims Power to Teach, but the Bishops claim Power
Jure Divino from Christ, to Judg the World: yet whether they shew any better Commission or Mission then he,
Jure Divino, let any judg. The gift of Prophecy,
Priests and Prophets at mortal Feud. if true, goes not by Descent; those who therefore pretend to be Successors, and call themselves Priests, are fain to counterfeit either a Law or Gift from the Predecessor's Prophet, whereby the Priesthood was made Hereditary or Successive in that manner by which they take it, yet both the old Prophet, and the new Priest, a newer Prophet pretending a newer Revelation or Mission, again over-reaches and deceives the deceivers, which is the reason that Priests pretending to be Hereditary or Successive, are always at mortal Feud with new Prophets, true or false; the former who have no pretence but Possession or a Descent cast, and a Possessary Action dreading to be Evicted by a Writ of right Patent under the Great Seal of
Mission, either of a true or counter
[...]eit Miracle. But such patches of Ecclesiastical Policy are now worn so thread-bare and full of holes, that since Grammar-Schools, Boys themselves, peep thorough and laugh to spie the Devil hid under the Pall of pretended
Jure Divino, without a Sign of Mission. Episcopacy must now therefore change the Scene, and shew a Sign on the open Theater, if they pretend from God, and their Letters of
Credence, if they pretend from Christ; and the
Probat of the Will and Testament,
(hic in curia probat,) if they pretend to be Successors Testamentary, or they
[Page 139]are likely to find none but Papists or Noncomposses to give them implicit Faith, for the
Turk himself is not now so gross witted, as to admit either Priest or Prophet,
Jure Divino, without a Sign of Mission, as is well known to all versed in those Histories, and may appear in the example following.
Of the Sign of Mission required by the Grand
Seignior of
Sabatai Sevi a counterfeit
Jewish Messiah.
Sabatai Sevi, had his Design speeded, would have been Competitor with the Grand
Signior and all the Emperors and Kings of the Nations, for their Dominions, on the Title of a Messiah, who is
Jure Divino above all Earthly Princes; and they should have felt the effect of a
Jewish Excommunication to have been deposed from their Thrones, could he but have shewn a Divine Patent for the doing, as his deluded followers firmly beleived he would do.
He was the Son of
Mordecai Sevi an inhabitant of
Smyrna, who gained his living by being a Broker to an
English Merchant in that place; but his Son being addicted to study, became to be a notable proficient in the
Hebrew Tongue, Divinity, and Metaphysics; and vented such new Doctrine in the Law of the
Jews, under the notion of being their
Messiah, so long expected; as made the
Jews forsake their Trades, and Negotiations whereby they lived; and to venture all on the hopes of their purchases in the new Kingdom of their
Messiah: Yet notwithstanding his Disciples were so numerous, as to be almost innumerable, there was one
Samuel Penya a
Jew in
Smyrna of good Estate and Reputation, so much opposed him by arguments that he shewed not the signes of Mission of the
Messiah, according to Scripture and the Doctrine of the Rabbi's; that he raised such a Tumult against him, as drove him out of the
Synagogue with danger of his life. Yet being seconded by the Devil, this could not crush his Ambitious design: for within a while after, his Enemy
Penya's Family were possess'd, and his Daughter Prophesied, and fell into strange extasies: And this was not done only in his House, but four hundred Men and Women more, likewise Prophesied of the growing Kingdom of
Sabatai; and young Infants who could scarce stammer out a syllable to their Mothers, repeat and pronounce plainly the name of
Sabatai the
Messiah, and Son of God; and voices were heard to sound from their Stomach and Entrails; and those of riper years fell into Trances, foamed at Mouth, and by inspiration from the Devil, recounted the future Prosperity and deliverance of the
Israelites; their Visions of the
Lyon of
Judah, and the Triumph of
Sabatai; which made
Penya Recant and turn Convert, and Preach more for him then
[Page 140]ever he Preached against him. The noise of which Conversion of this persecuting
Saul to the faith, hugely increased the conflux of multitudes to increase the Power of the Messiah, and nothing wanted now but that
Sabatai should shew some Miracle for a Sign of his Mission to so great a multitude of strangers, who had not yet seen or heard any, besides the Inspirations which horribly puzled
Sabatai, though the imagination of the People was so vitiated, that any
Leigerdemane-Trick would have pass'd with them for an high Miracle. There happen'd an occasion wherein
Sabatai was to appear in behalf of his Subjects before the
Cadi or Judg of the City, to demand ease and releif against some oppressions which greived them, it was thought necessary the Miracle should appear now or never, when
Sabatai appearing with a formal and Pharisaical Gravity which he had starcht on, some on the sudden avouched to see a Pillar of Fire between him and the
Cadi, which report presently run through the whole Room, and some who strongly fancied, vowed and swore they saw it; the alarm of the Miracle ran likewise as speedily through those in the outer-yard, and was likewise received at home by Wives and Children in a moment, and the then Faith of this Miracle was so far rooted, that all those who question'd or beleived it 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.
[Page 141]
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, 'tis 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
[Page 142]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 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,
[Page 143]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
[...]ot in the Original of the whole Scripture, either Old
[Page 144]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
[Page 145]if it had been translated as it ought to be,
his Women drew away his heart, which word includes both Wives and Concubines, it had been more true according to the Original, and more probable according to the effect.
They have falsely translated the Seventh Commandment
Lo Tinaph to be Adultery.
Lo Tinaph, Latin'd
Non Moechaberis, doth only signifie Carnal uncleanness in general, but they to make all sins equal,
Lo Tinaph false translated. and that they might take as high Commutation-Money for the meanest, as the greatest Crime, have translated it Adultery, which is
Species famosior, they say
pro Toto Genere, as is usual in Tropes and Figures; but though, if they turn Poets they may Feign, if Songsters Descant, if Commentators Paraphrase, if Orators turn in Tropes and Figures, yet if Translators of a Law of God, it is wickedness for them to use any of these. He who is a Translator of any Law, especially of one that is Penal, is chained
ad idem & non ad simile & verbum verbo curabit reddere fidus interpres, every word is to be render'd in no greater or lesser signification in the Language to which it is translated, then it was in the Original; for where the Legislator prohibits all uncleanness in general, and expresses no special Penalty, but only on pain of his displeasure, here he hath Power to punish the smaller offences with few stripes, and the greater with many, according to Justice and Equity; but if he prohibit specially Adultery, and makes no other Law, then he giveth liberty to all uncleanness beside what is not specially prohibited; for where there is no Law there is no Transgression. As
Levit. 20.10. It is said,
The Adulterer and Adulteress shall surely be put to death, which being a Penal Law of death, never was, nor ought to be extended to any lesser uncleanness then Adultery. For it is a Rule in all Justice, that no Penal Law ought to be extended by Equity; the translation is therefore false, which extends all uncleanness to Adultery, or Adultery to all uncleanness.
They have falsely translated
[...] to be Fornication.
[...] falsly translated
Fornication.
[...] signifies Carnal uncleanness only in general, but they on the same account of raising their Commutation-Money, have translated it the special crime of Fornication, which is for the reasons given before of Adultery, falsely translated, and the same mischiefs ensue thereby.
They have falsely translated
[...] in the Tenth Commandment, to be the Man Servant, and Maid-Servant.
[...], falsely translated.
Exod. 20.17. They have translated the Tenth Commandment,
Thou shalt not covet thy Neighbours Wife, nor his Man-Servant, nor his Maid-Servant. Whereas the
Septuagint clean varies both in Words and Order, and makes the Commandment thus,
Thou shalt not covet thy Neighbour's Woman, thou shalt not covet thy Neighbour's House, nor his Field, nor his young Man, nor his young Woman, the
Greek words are
[...]. So
Amos 2.7. It is said,
A Man and his Father will go into the samo Young Woman,
[...].
They have falfely translated
Mamzer and
Nothos Bastard, wherein are noted the great Errors of
Coke, Skene, and
Grotius, by following the Bishops translation, and other Popish Writers.
Having recited many of the other false translations relating to Marriage, we are now come to the sowlest of them all, relating not only to Marriage, but all the dependencies of the same,
Filiation, Aliment, and
Succession. And whom have we the ill fortune first to meet by the blind leaders of the blind fallen into this common Ditch, but the two famous Fathers of the Law of
England and
Scotland, Coke, and
Skene, who giving implicit Faith herein to Bishops Translations, Certificats, and other
Popish Writers, became so far by them deceived, as to leave behind them in their writings as follows.
First,
Coke Com. Fol. 243, and 244. saith;
Bastardus dicitur à Graeco verbo Bassaris,
id est Meretrix, quia procreatur à Meretrice and then he saith,
Aerd signifies
Nature, and
Bastard signifies
base natural. Then because Reason is very scarce with him, he gets an old Rhime, and says,
Manseribus scortum notho Moechus dedit ortum,
Ʋt seges & spica, sic spurius est ab amica.
But
Skene ingeniously confesseth that
Bastardus is a barbarous word; and that there can be no reason given for it; and certainly he so far speaks most true, or else was never a barbarous word, if this is not, which punisheth the innocent Child before it can speak, for the sin of the Parents, yet he after falls into the like mistake with
Coke, which will best appear in his own words as you may find them.
Skene de verb.signific. tit. Bastardus.
[Page 147]Where he saith
Bastardus, in
French Bastard, ane Barne, unlauchfully gotten out with the band of Marriage, quhilk word is barbarous, and as I suppose, na reason can be given quhairfore it is so called, bot
Gabriell Palaeotus in his buik
de Nothis spuriis
(que) filiis, cap. 18. alleadgis it to come fra
[...], quhilk signifies an Huire or common Woman: be reason that Bastards are commonly got and procreat with sick Weemen. In
Greek he is called
Nothus; for
[...], signifies that part of the Fathers guids and geare quhilk be the Law of the
Athenians leasumly micht be given be the Father to his Bastard Son, extending to the Son of
Mille Drachmae, and therefore
[...] was called all that was not true or lauchful, as writis
Budaeus in
Pandectas, and swa
[...] cummis fra
[...]
privativa particula &
[...] h. 1.
Divinum, teste Suida; because he wantis that quhilk is godlie and lauchful, that is, ane honest or lawful Birth or Parentage, and swa
[...]
dicitur qui non sit legitimus, to the quhilk there is na proper
Latine word carespondent, as
Quintilianus testifie,
lib. 3.
cap. 6. nevertheless he is commonly called
Spurius fo. in
lib. 1.
ff. de posses. contr. Tabul. Spurii dicuntur,
[...]
h. e. statione vel seminatione, ea
(que) vaga & promiscua, ubi doctiores,
[...]
legunt quasisparsim concepti, like as they are called
vulgo concepti! in adoptivis 14.
de ritu nuptiarum. Likewise
Spurius was the the proper name of ane man amangis the
Romans, as
Titus or
Caius, & was written with twa letters
S.P. and likewise they quha had na certain Father was designed with the said twa letters
S. P. and swa by commoun use, and consuetude,
Spurii dicebantur sine Patre, as writes
Plutarchus in
problematibus, because their Father and Mother notcht being lauchfully married, they have na certain Father,
quia Pater dicitur, quem legitimae nuptiae demonstrant. l. 5.
ff. de in jus vocand. and 'tis alike to have na Father, and to have incertain Father as we say, He quha will have mony Gods, he's na God.
Postremo Blundus
lib. 8. Romae
triumphantis is inquit qui illegitimè natus esset, ex Concubina vel scorto contumeliae causa, Spurius dicitur, cò quòd Sabini muliebre pudendum Sporon appellarunt haec ille in bonesto originis genere in lucem editos, infami & inhonesta appellatione not are voluerunt Veteres. And that part of Weemens Claiths sick as of their Gown and Petticoat quhilk under the Belt, and before is open, commonly is called the
Spare. As concerning the Succession of Bastard, these short rules are to be observed, conform to the Law and Practice of this Realm. First, That na Bastard, nor na Person, notch procreat and gotten in lawful Marriage maie ony ways be lauchful Aire or Successor to ony of our Soveraine Lordis Leiges,
lib. 2.
c. in Custodiis 50. for be the Law of God,
Ismael being Bastard gotten upon ane bound Woman,
Agar micht not be Aire to
Abraham, with
Isaac, Gen. 21.10. Because all right of Succession is by reason of bluid and Consanguinity of the Fathers side,
[Page 148]quhilk is called
Jus Agnationis, and theirfar ane Bastard quhais Father is incertain be the Law,
Kin. is understand be reason of bluid, to be sib to na man, and nane to him.
I have done both
Coke and
Skene right, and presented what they say, to the full; now I hope I may have liberty to do the Truth right against them; and if I answer but these two, I need trouble the Reader with no more; for I shall answer all the Law of the highest repute in
Great Britain, and with the same stroke overthrow all the Bastard-Law of Lawyers, and Bastard-Divinity of Bishops, in the three Kingdoms.
Question.
The Question is, Whether
Mamzer in the Old Testament, and
[...] in the New, are falsely translatèd Bastard?
Coke and
Skene whether retained by the Bishops or free, appears not, but their best endeavours appear as far as they can, to defend the charge of falsity of the translation, and to prove the same true, which they try to do by the ways following. (1.) By Etymologies. (2.) By Authority. (3.) By Rhime. (4.) By Reason. As to Etymologies, they derive Bastard from
Bassaris, which they say signifies
Meretrix. (1.) What is this to the purpose to prove
Nothus a Bastard? (2.) It is denyed that
Bassaris signifies
Meretrix, for
Eustathius will have
Bassara to signifie
Nutrix Bacchi, or a Drunken Mad Woman, and
Bassaris to signifie
Vulpecula.
First, They derive
Etymologies from
Spurius, from
Aerd, from
[...]
privativa particula &
[...], from
Sporadene, from
Sporan, from the
Spare, but what agreement have these in sound or sense with
Mamzer or
Nothus, or what Sequel as to the Question can be deduced from them; had it not been as pertinent for them to have recited those ridiculous
Etymologies which derive
Lepus from
Levipes, and
Lapis from
Laedipes, and
Beere from
Be here, and
Money from
My honey: and concluded
Ergo the Bishops have not falsely translated
Mamzer and
Nothus; for there is no reason why
Meretrix may not come from an
Hare as well as a
Fox, loquendum cum Vulgo, they call her a light Woman. And
Solomon Prov. 7.11. saith,
Her Feet abide not in the House: Now she is without, now in the streets, which she ws she is a
Levipes. And did not
Fabius Maximus shew his shoe to one who askt him why he put away his Wife, and say,
Is it not a fair shoe, yet none knows besides my self where it wrings my Foot, which shews she is a
Laedipes; then may she not be as well Drunk and Mad with Beer as with Wine, which shews such Women may be derived from the one as well as the other; and may she not better be called
Meretrix from Money, then from Wine; for
Meretrix dicitur à
[Page 149]Merendo, from letting her self to hire for Money or Reward, and this as well agrees with
My honey, as
Money; for
Solomon saith,
Prov. 5.3.
The lips of a strange Woman drop as an honey-comb; and do not the Poets say,
That a Bee which makes honey, stung Cupid
by the Finger, while he was stealing it, whereof he complained to his Mother; and doth not this as well prove that
Venus came from
Bassaris, and that
Cupid is in
Hebrew Mamzer, and in
Greek Nothus, and that therefore
Mamzer and
Nothus do signifie Bastard, which is to infer
quodlibet ex quolibet, and conclusions from
non sequitur's. Behold the fantastick Fundamentals of a Matrimonial Divinity, and Law built on
Etymologies of sounds and air, inveloped in the darkness and Clouds of strange Languages, of
Hebrew, Chaldee, Syriack, Greek, and
Latine, the like to which if done in
English, would be derided by the very Boys!
Secondly, The next Argument to make good their Bastard-Law, is
Authority: Coke to begin, fetches an Author out of Goal without an
Habeas Corpus, to give him Authority to bring him to any Court he calls him.
Fleet. lib. 1.
cap. 5. Next he makes bold with
Bracton, and the Book of Assizes.
E. 3.
H. 4.
H. 6.
E. 4.
Skene musters up as before mention'd, old King
Malcomb the
Second, Paloeotus Budaeus the
Pandects, all having the unhappiness to be born, bred, buried, and made in the times of the highest Popery and Superstition, and though
Plutarchus writ excellently against Superstition, and was no Papist, he was a
Pagan Priest of
Apollo, who was a Devil, and his Priest partial in whatsoever tended to Daemonalatry, or the great gains accruing thereby to the Diabolical Priesthood.
Grotius, whom I shall after cite as to his
Gigantomachia, in making all Giants Bastards, in his learned Peice
de Jure Bell. & Pacis. wheresoever he comes to touch on
Marriage, Filiation, Aliment, and
Succession, instead of the immutable Law of Nature, collects together the old Superstitious Laws, Customs, and Ceremonies of the
Pagans, Greeks, and
Romans, and on that sandy Foundation builds
Marriage, Filiation, and
Successions on private Pacts and Covenants of Parties, or on the publick Pacts or Precepts of human Laws, and the Mercenary considerations of Portions, Dowries, Jointures,
Morgengabicas Ta
[...]ls, contrary to the Divine ends instituted by God of Marriage.
All which Authorities, or were there numberless more of private Persons, or publick States, or of Nations, Angels, Daemons, or Men, are already shewn, to signifie nothing against the least Commandment in the Moral-Law of God.
Thirdly, As to the Rhyming Verses, if so great Laws and Nations are no Authority, a Poet can be none.
Pictoribus at
(que) Poetis quidlibet audendi semper fuit aequa Potestas. And it shall be further shewn after, That if
Coke allow but this his own Poet to be Authenteck, three words of his two Verses confute him unanswerably.
Fourthly, As to Arguments of Reason,
Coke hath none at all, except
Quia Filiatio non potest probari, which hath been answer'd before, in the Law of the Husband's Fathering the Wive's Children, if within the four Seas; neither doth he give more reason why he would have a Child call'd a Base-natural, or his Fictions in Law beleived above the truth of the Fact, then he doth, why a Man-child ought to be called
Mulier.
Fifthly, As little reason doth
Grotius give, why a Giant should be translated Bastard, according to a certain
Latin Translation of the Bible (of which there are a multitude, all variant one from another) 1
Sam. 17.4. which is thus,
Et egressus est quidem spurius è Castris Pelischthoeorum, Goliah
nomine,
Giant falsely translated
Bastard. Gatho
oriundus, cujus altitudo erat sex Cubitorum cum spithama; which is in
English, And there went out of the Tents of the Philistins a certain Bastard, by name Goliah,
whose height was six Cubits and a span; so because he was a Giant, this
Latin Translation hath translated him a Bastard. And
Grotius, though he were as great a Giant of learning, as
Goliah was of Body, indeavours to give a reason which is not so tall as a Dwarf; for he saith,
The Hebrews
called Giants Bastards, because they lived without Matrimony; which he intends to be the Ceremony of coupling Male and Female together, used by a Priest in a Temple. Which cannot be; for of all Nations in the World, the
Hebrews were most free from having so vile a word, or a thing as Bastard amongst them; and for Marriage in a Temple, they never had any at all, but always contracted in the open Air, and not under any Roof. And both they, and all other Nations, have had so honourable opinions of Giants, and esteemed their descent to be so far from being ignoble, as they derived them from their gods themselves. So
Hercules they would have begot by
Jupiter: And
Ajax boasts of himself,
Sic à Jove
tertius Ajax. And both
Jews and
Christians affirm them to be begotten by the Sons of God: As
Gen. 6.4. it is said,
There were Giants in the Earth in those days: and also after that, when the Sons of God saw the Daughters of Men, and they bare Children unto them, the same became mighty Men, which were of old, Men of renown.
Angels beget not Giants. Some expound these Sons of God to be Angels; but that is contrary to Christ, who says,
Angels neither marry, nor are given in Marriage. But though Giants and such Hero's were not begotten by Angels, they all agree to father them on more honourable Titles of the Sons of God; and therefore never intend
[...]d they should be translated, or called Bastards, or base Naturals.
As low a reason doth
Grotius likewise give, why he should be called
Nothus and not be inheritable, whose Mother at her Marriage had not a Torch carried before her.
Ac nec nupta quidem Taedaque accepta jugali,
Cur nisi ne caperes regna paterna Nothus.
Grot. de jur. Bel. & Pac. p.
168.
1. This authority of
Ovid which he cites, That the not vouchsafing to have a Torch, or other Ceremonies Nuptial at the Marriage, ought to make the Child a
Nothus, or Illegitimate, as to Succession, proves against him; and that it ought not, but is an injury and injustice if it should: For this is written by
Phaedra a later Wife of
Theseus, to
Hippolitus his Son, by
Hippolita the
Amazon, a former Wife deceased; with whom she, being his Step-mother, fell in love; and to tempt him to her, and not to forbear out of reverence to his Father's bed, who had been so injurious to him, as not to marry his Mother with due Rites and Ceremonies, that he might have a pretence to dis-inherit, and put him by the Succession of the Kingdom. She to make her argument the stronger, and the more inciting, joyns her self with him to be as highly injured as himself, that he might the more assuredly trust to find her ready to join with him in revenge, as well as love; for so she saith, having first repeated her own wrongs she had suffer'd.
Sola nec haec nobis injuria venit ab illo,
In magnis laesi rebus uterque sumus.
And after, she saith of the Marriage of his Mother:
Ac nec nupta quidem taeda
(que) accepta jugali,
Cur nisi ne caperes regna paterna Nothus.
And then she saith,
I nunc, I meriti lectum reverere parentis,
Quem fugit & factis abdicat ille suis.
But the most vertuous and valiant
Hippolitus remaining invincible in Chastity, as to his Step-mother, and in Loyalty as to his Father; she, as
Potiphar's Wife did
Joseph, to her Husband falsly accused him of attempting to force her; which he over-credulous to believe, sought to kill his Son. And he flying his Father's jealousie, and causless anger, had by his frighted Horses, his Chariot overthrown, and himself torn to pieces amongst the Rocks. So infortunate was innocence in all things, except his Fame, which hath lasted through so many Ages. His Father on
Phaedra's confession, understanding the Innocence of his Son, and falseness of her calumny, she first killing her self, after the just Funeral Rites performed, and Lamentation answerable made, is swallowed up with grief, for the loss of a Son so dearly by him beloved. Here therefore appears, That had it not been for the false calumnies of his Step-mother,
Hippolitus had succeeded to his Father
Theseus's Kingdom; notwithstanding his Mother
[Page 152]
Hippolita had not a Torch carried before her, nor was ever married by the Ceremonies of a Priest in a Temple: wherein though
Grotius need no other answer to his Ceremonial Marriage, then what in this example he thought to vouch for them, and his principal
Goliah-argument being fallen, there need no trouble of encountring the petty accessary Reasons: Yet I shall likewise persue them in their flight, at least to discover what they are.
His first reason is, he saith, Where the Father doth not vouchsafe the Woman the Lawful Ceremonies of Marriage, he makes the Child contemptible to be his Successor.
To which is answer'd, That we need look no further then his own example, whether
Hippolitus was a person contemptible, or not, meriting in all respects to succeed to his Father's Kingdom after his Death.
2. It is further answer'd, That these Ceremonies whereon he founds his Doctrin of Ceremonial Marriage, and the compulsion to the same, are before shewen to come from the Devil, and the Priests of
Priapus and
Venus, and in imitation of them from Popery. Therefore in such Kingdoms as are Protestant, and not Pagan or Popish, though there may be a toleration given to such as desire to marry with a Torch, or any other public Ceremonies suiting with their Conscience and Convenience; yet ought not there to be compulsion of Dissentients, either in Conscience or Convenience; nor so impious a punishment as Illegitimation laid on the innocent Child, for such Toys as Ceremonies neglected or dissented to by the Parents.
3. There is greater authority in point, then either
Latin or
Greek Poets, That the Father though he contemn, yea hate the Mother, ought not to illegitimate the Child, as to Succession, as appears,
Deut. 21.15.
If a Man have two Wives, one beloved, and the other hated, and they have born him Children, both the beloved and the hated; and the first-born Son be hers that was hated: Then it shall be when he makes his Sons to inherit that which he hath, that he may not make the Son of the beloved first-born, before the Son of the hated, who is indeed the first-born; but he shall acknowledg the Son of the hated for the first-born, in giving him a double Portion of all be hath; for he is the beginning of his strength, and the right of the first-born is his.
The Reasons given by
Skene, why
Nothus should signifie a Bastard, are:
1. Because he saith, Bastards are commonly got and procreat of Common Women, who are in
Greek called
Bassaris. As to the Etymology, 'tis answer'd before, as to the matter of the Children of Common Women, 'tis deny'd that they have commonly any Children at all; for either they make themselves barren by some wicked Arts of Sterility according to the Poet.
Et jacet aurato jam rara puerpera lecto,
Tantum hujus Artes, tantum Medicamina possunt.
According to which, we do not hear of
Lais, Thais, Phryne, Flora, or others, who are famous or rather infamous at the Trade, to have had any Children at all; which was one cause that
Flora made the Common-wealth her Heir. And we see by experience, that the Children born, as they call it, out of Wedlock, are, for the greatest part, of such as have kept themselves chast to one Man; yea more chast then many Wives, who have been coupled to the Husbands by a Priest in a Temple, or a Justice of Peace in his Hall. And further in Nature, the too thick sowing of the field, and the too soon plowing after sowing destroyes the Harvest: So in greatest probability, such a Woman as hath a Child, ought to be presumed she hath not been common, and the Child cannot be here
filius populi; but his Father is better known then of the Children of a Woman married by the Priest in a Temple, though the Husband hath been always within the four Seas.
2. He says,
Nothia signifies by the
Athenian Law a Portion given to a Child not born within Wedlock, which was not to exceed
Mille Drachmae; ergo Nothos signifies a Bastard.
Negatur sequela; For the Child which he himself makes a Bastard, he says, cannot be Heir or Successor to any; which is, he cannot be Successor Testamentory or otherwise to any filial Portion at all; which the
Athenian Law did suffer him to be, so it exceeded not the value of
Mille Drachmae. And further
Reg. Majest. cited by him, saith,
a Bastard can neither be Heir, or succed to the Lands or Goods of the Parents, nor the Parents to him: A most inhuman Law, and subverting the course of Nature, which the
Athenian was not. And what was the end of this Episcopal cruelty, of taking away the inheritance of the Parents from the Child, and of the Child from the Parents; but that they themselves might be Successors to his movables, and if he bought not of them for money his Legitimation, then they might forfeit all was left to the King; not out of any good will they bore to the King, but to force the parties, Parents and Children, to pay them what they pleased, or
quod non capit Christus, capiat fiscus, a kind of Anti-Christian Blasphemy against Christ, and Treason against their Princes; to f
[...]ill their Treasuries with the spoils and curses of miserable Children, and Parents, under pretence of the names of God and the King, to make them thought Patrons and Accessaries to their Rapines.
3. He says, Ismael
was a Bastard, and succeeded not to the inheritance, but had a Portion. As to
Ismael's being a Bastard, it is false, and contrary to the Text of Scripture,
Gen. 16.3. which expresly saith, Agar
his Mother was Abraham
's Wife. If his Mother therefore we
Abraham's
[Page 154]Wife, he could not be
Abraham's Bastard, for he himself affirms before, that a Bastard is got of a Common Woman.
4.
Abraham's giving him a filial Portion, and the Sons of
Keturah likewise their filial Portions, is an acknowledgment and not a dis-acknowledgment of them to be his Sons: Therefore though he excluded them from the inheritance, he doth not intend thereby to make them Bastards, for it was the
Patria potestas of every Father, then, to dispose of his own Estate how he pleased, and to those who pleased him best, and might give the inheritance from the eldest if he thought fit; till after restrained by the Law of Primogeniture, to give him a double Portion.
5. The
Arabians, who descended from
Ismael, and
Turks to this day, affirm
Ismael to be the right Heir, and not
Isaac; and on no other Title possess the Land of
Palestine, but on the Primogeniture of
Ismael. 'Tis therefore very unadvised to call
Ismael Bastard, against a Succession so long derived from him by the Sword, without better reasons, or a better Sword to argue it against the possessors.
6. Other reasons have been made likewise, in behalf of the Primogeniture and Legitimation of
Ismael, which shew him to have been no Bastard: as first, That the Marriage between
Abraham and
Sarah, being Brother and Sister, was Incestuous, and therefore the Marriage with
Agar more Lawful then hers. Next, that uncertainty of Filiation was more in
Isacc then in
Ismael, and
Ismael had better probation of himself to be the Son of
Abraham then
Isaac had, for
Agar was kept in perpetual custody of her Husband, from the time of his begetting, to her bringing forth
Ismael, whereas
Sarah was let loose to the custody of
Abimelech and his Courtiers.
7. He says for a Reason,
That a Child born out of Matrimony is not Sib or Kin, or of Consanguinity to any, nor any to him: which is contrary to the express Text of Scripture,
Levit. 21.2.
There shall none be defiled for the dead amongst the people, except for his Kin that is near to him, that is, for his Mother, and for his Father, and for his Son; yet here was no Father or Son made by the Ceremony of a Priest in a Temple. Not much unlike to this was the whimsey, which lasted a while, of our Episcopal Courts, and Common Lawyers, that a Mother was not kin to her Son, as appears,
Swimburn 7.
part 119. The Case was in the Reign of King
Edward the Sixth:
Charles Duke of
Suffolk having issue, a Son by one
Venter, and a Daughter by another, made his last Will, wherein he devised Goods to his Son, after whose death the Son also died intestate, without Wife, and without issue; his Mother and his Sister by the Father's side (for she was born of the former
Venter) being then living, the Mother took the Administration of her Son's Goods, by the
Stat. 21
H. 8.5. whereby it is Enacted,
That in case any person die intestate, the Administration of his Goods shall be committed to the next of Kin, &c. The Administration
[Page 155]being thus granted to the Mother; the Sister by th Father's side doth commence Suit before the Ecclesiastical Judg, pretending her self to be next of kin, and the Mother not to be kin at all to the party Deceased; and therefore desireth the Administration, formerly granted the Mother, to be revoked, and committed to her, as next kin to the Deceased, by force of the said Statute. Hereupon the most Learned, as well in the Laws of the Realm as in the Civil Law, were consulted; and both Common Lawyers and Civilians, unanimously declared it to be an Article of their Faith, contrary to Scripture and common sence, that a Mother was not kin to her Son; so Judgment was pass'd against the Mother, whereby she lost her Son and her money too, perhaps some that she gave him. And in those days this precedent did so much prevail, that many other Judgments passed accordingly against the Mothers. Then
in Rama
was there a voice heard, lamentation and weeping, and great mourning, Rachel
weeping for her Children, and would not be comforted, because they were not, yea weeping it over again.
Qualis populea maerens
Philomela sub umbra
Amissos queritur faetus, quos durus arator
Observans, nido implumes detraxit, at illa
Flet noctes, ramo
(que) sedens, miserabile carmen
Integrat, & maestis late loca questibus implet.
Yea our
Rachel had twice more cause to weep then
Philomel, for
Philomel wept only because her Children were not, but
Rachel wept both because hers were not, and because she must not be kin to them neither: And surely her mourning had continued for ever, had not in process of time, the Tears of Women and the Beauty of Truth (for what is stronger then Truth and women against Popery) prevailed in
England, but could not in
Scotland, because
Skene put it on the Father,
The Child not the Child of the Mother. Natural affection no consideration to raise an Use to a natural Son, but good to an Adulterate Son. who is not so apt to weep as the Mother, that he should be no Sib or Kin to his Son. But will you not wonder? My Lord
Coke will present you with a couple of rarer absurdities, if possible, then this; for he saith,
lib. 10. in
Leonard Loveis his Case,
fol. 83.
That if a Woman have a Bastard (which he intends a Child not born of a Ceremonial Marriage)
that this Child is not in truth, but only in reputation her Child. And therewith agrees
Dyer M. 17.
& 18.
Eliz. fo. 345.
& 12
Eliz. 290. And then he in his Commentaries; and the Judges in
Plowden's Commentaries agree in
Sharington and
Pledal's Case, That if a Man in consideration of natural affection, covenant to stand seized of such a piece of Land, to the use of his Son; this natural affection is a sufficient consideration to raise an Use, as they call it, and to vest the Estate in the Son, though he were the Son of an Adulterer, and not the Son of his reputed Father, if his Mother were married
[Page 156]by a Priest in a Temple, and his reputed Father within the four Seas. But if the Son be his true natural Son, begotten by himself, then the consideration of natural affection to his true Son, is no consideration to raise an Use, nor to pass the Land to him, but the same is void and null. In the first Case, where there is no ground for natural affection, they talk all of nature, extolling her above all considerations, and cry out
Naturae vis maxima, and
Natura bis maxima; and give away the Estate from the true natural Child, to the false Child of the Adulterer. Then in the latter Case, where there is a just and righteous cause of natural affection, commanded by God to Men, and instincted by him to Beasts to provide for their own. There they are void of natural affection, their blind Eye of the Law, must see the Infernal darkness of Fictions in the Law, and be shut against the Sun of Truth: They pretend the Law of Nature in their words, but in their works
omnia naturae contraria legibus ibunt.
Nothus made the true Son, and the true Son made
Nothus. They will not allow natural affection of the true Father, to his true natural Child to be a consideration to raise an Use, in so much as one Acre of Land; where they will allow it to the true
Nothus, and Fictitious Child of an Adulterer, against whom
probatio non admittitur in contrarium, sufficient to invest him in the thousands of Acres of
Seigniories and
Baronies. 'Tis strange that Men who profess Law and Justice, should not be ashamed of so gross and repugnant absurdities, and contrary, not only to all Law and Justice, but common sence and reason.
Reasons shewing further, that
Mamzer in the Old Testament, and
Nothus in the New, are falsly translated Bastard.
Mamzer, Alienigena.1. The word
Mamzer is by the best Criticks, affirmed to signifie naturally and properly
Alienigena, seu de alienae gentis foemina natus. And that
Deut. 23.2. ought to be translated
Alienigena non introibit, and not
Spurius non introibit, or in
English, a Bastard shall not enter; but the Translation ought to be in
English, An Alien born shall not enter into the Congregation of the Lord, even to his tenth generation shall be not enter. So as the Law here (as the Laws of most other Nations do) doth put a distinction in priviledge between Alien and Denizen born, and not between unlawful and lawful born; for an Alien is as lawfully born as a Denizen, but hath not the same priviledge either, as to Religion of entring into the Congregation, or of acquiring propriety in the Land, either by Purchase or Succession; for if that should be permitted, there would ensue the derision or corruption of all natural Religions, by contrary Nations, and the buying of one Nation out of their Land by another Enemy Nation, who were richer in mony then they. And that the intention as well as the words of the Law, was only against Aliens born, as appears manifestly by
[Page 157]the next Verse in the same Chapter; where it is said,
An Ammonite
or a Moabite
shall not enter into the Congregation of the Lord: which, as the verse before spake of Aliens in general, speaks next of Aliens in special,
Ammonites and
Moabites; who being of kindred to the
Israelites, might have been doubted, whether intended to be excluded under the general word Aliens, which this naming them specially clears, and likewise clears that it is intended the National, and not the getting or birth of Children in private Families. And this is manifest by the constant practice of the whole
Israelitish Nation, who had no such thing as Illegitimation of the Children of any
Ebrew Woman; but whether the Wives were one or many, the Children all Succeeded alike to their natural Parents; if the Father did not for any special reason, or otherwise expresly 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
[Page 158]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
[...] 'tis 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 'tis opposite to a counterfeit: where therefore the
Genus is translated for the
Species,
[Page 159]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 on the same. Some make
Nothi and
Flii naturales all one, as
Nov. 99.
de Nothis makes
Nothus the natural Son and illegitimate, as
Insulanus Naturalis Filius à vulgo barbarorum dicitur, qui sit ex illegitimo toro suscitatus; sed parum aptè, est enim Filius naturalis qui sanguine & natura est tuus, non adoptione factus. A natural Son is he who is by Blood and Nature thine, and not made so by Adoption.
Cato says there is no such word in
Latine as
Nothus, nor any of the like signification, but that which comes nearest it is
Spurius; and
Plutarch says it was a name amongst the
Romans, as
Sextus, and
Decimus, and
Caius were, and as other names were, was written short with two of the first Letters
S P. but whether it was a name of honour or dishonour is not known, as appears by
Hartm. Pistor. lib. 1.
q. juris. q. 30. only it is said of them, that they were
[...] fatherless, which is less suspicious of dishonour then before, for they called their god
Vulcan
[...] fatherless, and their god
Mars was brought out by
Juno without a Father, as they would have us beleive, and the word
[...], or fatherless, did signifie only an Orphan, whom misfortune had deprived of his Father. And it was therefore true what
Cato before said,
Romans had no such word or thing as
Nothus. That the
Latines had no word amongst them which agreed in signification with
Nothus in
Greek, and having no such word, they must have no such thing; for if they had had such a thing they would questionless have had a word to express it. So as Anti-Christian
[Page 160]Christian
Rome against the fatherless is worse then Pagan
Rome, and neither Papal nor Episcopal Religion is pure, but unclean; for it is declared
Jam. 1.27.
Pure Religion, and undefiled before God and the Father, is this, to visit the fatherless; but it seems they think they have a better Scripture of
Coke and
Littleton of
non habet ipsum patrem, to defend them, as if it were a sufficient cause to rob a Child of what is dearer then his life, his good name, and lay Ignominy on him because he is fatherless: but let them remember though the fatherless hath no Reverend Father in God to own him, he hath a greater, even God himself; for so he is called,
Psal. 68.5.
Father of the fatherless, and though he is forsaken as
David, by his natural Father and Mother, yet may he say as he saith,
Psal. 27.10.
When my Father and Mother forsake me, then the Lord will take me up. And as there was no
Nothus amongst the
Pagan Romans, so there was no illegitimation amongst them or the
Greeks, but all natural Children were legitimate, and Probation of
Filiation was a Probation of
Legitimation,
Legitimation or Illegitimation of a natural Child impossible. for there was no such word or thing as Legitimation, or making Children legitimate who were not born so; it being impossible to make a Child or a Son of such a man who was not born so, or to make any not to be the Child or Son of such a man if he were born so, till the Bishops made Marriage a Sacrament, and made infatuated People beleive such absurdities as were impossible to be beleived of any but
à mente captis, as of transubstantiation of two Persons into one Person, of transubstantiation of the Children of the Wife into Children of the Husband, of making the Child of the man not to be his Child, nor of his Blood, nor of his Sib or Kin, and making the Child born of the Mother not to be her Child, nor she of kin to it, and the like unheard of Fopperies in former Ages: and accordingly
Connan. lib. 2.
cap. 16.
num. 5. saith, That amongst the ancient Lawyers there is no such word to be found as Legitimation, and if not of Legitimation, there could be none of Illegitimation, or Bastardy. To translate therefore the word
Nothus into a word of so many ambiguous significations as are so many Authors variant and contradictory on the same, and into a word which was not, nor the thing it is made signifie in
Rerum natura at the time of writing.
Nothus is a false and a foul translation.
Fourthly, A word in Scripture which is modest, ought not to be translated into a word of Scurrility, but
Nothus or a Counterfeit is a word modest, it is therefore filthily and falsely translated into
inhonestum & infame vocabulum, which they would derive a
Sporo Pudendo Muliebri.
Fifthly, The word
Nothus doth not revile the innocent Child with the Crime of the Malefactor, but
Coke, though it be said, 1
Cor. 6.10.
No Revilers shall inherit the Kingdom of God, reviles God's Eldest Daughter, Nature, to be a Whore, and her Children to be Bastards; for he saith
Aerd signifies Nature, and Base signifies
Base, and a Bastard is a
[Page 161]Base-natural, or one born of base Nature; if therefore he makes the Child a Bastard, he must make the Mother a Whore, and by making her Children Base, he makes none Noble but the Children of the Whore of
Babylon, of whom she is deliver'd by the Man-Midwifry of a Priest in a Temple. There being therefore no such word in the whole Original Scripture, Old. Testament or New, which signifies a Bastard or illegitimate Child, nor any such thing amongst the
Hebrews or Barbarous Nations themselves as illegitimation of natural Children, nor in
Rerum Natura amongst the wild Beasts, Monsters, and Serpents, as illigitimation of their Young till that more and monstrous old Serpent and
Romish Dragon appear'd, described,
Rev. 12.3.
Having Seven Heads, and Ten Horns, and Seven Crowns upon his Heads. And his Tail drew the third part of the Stars of Heaven, and did cast them to the Earth: and the Dragon stood before the Woman which was ready to be delivered, for to devour his Child as soon as it was born. And
Verse 16.
And the Earth helped the Woman, and the Earth opened her mouth, and swallowed up the Flood which the Dragon cast out of his mouth. And the Dragon was wroth with the Woman, and went to make War with the remnant of her seed, which keep the Commandments of God, and have the Testimony of Jesus Christ.
Now though none here undertake to unfold Mysteries, or expound Prophecies, yet it will be a more proper Exposition then the Episcopal translation of
Mamzer and
Nothus, and their Expositions on the same. If any should say allusively, though not prophetically, and expound Prelacy to be the Dragon with many Heads and Horns, Woman-kind to be the Woman; the multitude of Provincial and Ecclesiastical Laws of Marriage, to be the Flood of Waters cast out of the Dragons mouth, against the Woman; the illegitimation of all Children not born of a Marriage made by a Priest in a Temple, to be the standing of the Dragon before the Woman ready to be deliver'd for to devour her Child as soon as it is born: The People who are
Terrae Filii, to be the Earth helping the Woman,
Prelacy, being wroth, and going to make War with Dissentient Protestants, to be the Dragons being wroth with the Woman, and going to make War with the Remnant of her Seed which keep the Commandments of God,
Old Teslament false translated by Bishops in 848 places. and have the Testimony of Jesus Christ. And that these are not the only false translations which Bishops make of the Scripture, appears by the great Linguist
Broughton, who in his Advertisements of
Corruptions, affirms to the then Bishops of
England, That their publick translations of Scriptures is such, as that it perverts the Text of the Old Testament in no less then Eight Hundred Forty Eight places, and causeth Millions to reject the New Testament, and to run into Eternal Flames.
Sixthly, To shew that
Coke needs no other to confute him in the signification of
Nothus, not to be a Child born out of Wedlock, but a
[Page 162]plece of his own Rhime, I shall recite it, which is by him set down,
Manseribus scortum notho Moechus dedit ortum, and is a false Verse; for
No in
Notho is short, which might happen by some Error of his Scribe, but the true Verse is in
Calv. Lex. (whence I suppose he might have it,)
Sed Moecha Nothis dedit ortum; which
Moecha signifies an Adulteress, which she cannot be unless she is a Married Woman: therefore it is plain, the Rhime it self confutes him, that
Nothus is not a Child born out of Wedlock, but in Wedlock, which is unanswerable as to him; because
ex ore suo, though not as to others, who are on better reasons unanswerably answer'd before.
They corrupt the Press, both as to Scripture and Law, and interdict Protestants to write against Papists, or answer them.
Act of Parliament against
Lollards counterfeit by Bishops.
Coke 3.
part 40. saith,
There was a Statute supposed to be made, 5. R. 2.
That Commissions should be by the Lord Chancellor made, and directed to Sheriffs and others, to Arrest such as should be Certified into the Chancery
by the Bishops and Prelates, Masters of Divinity, to be Preachers of Heresies, and notorious Errors, their Fautors, Maintainers, and Abetters, and to hold them in strong Prison, until they will justifie themselves to the Law of the Holy Church. By colour of this supposed Act certain Persons that held Images were not to be worship'd,
&c. were holden in strong Prison, until they (to redeem their vexation) miserably yielded before these Masters of Divinity to take an Oath, and did swear to worship Images, which was against the Moral and Eternal Law of Almighty God. We have said (by colour of the supposed Statute,
&c.) not only in respect of the said Opinion, but in respect also, that the said supposed Act, was in truth never any Act of Parliament, though it was Entred in the Rolls of Parliament; for that the Commons never gave their consent thereunto. And therefore in the next Parliament, the Commons prefer'd a Bill reciting the said supposed Act, and constantly affirmed that they never assented thereto, and therefore desired that the supposed Statute might be aniented, and declared void. For they protested, that it was never their intent to be justified, and to bind themselves and their Successors to Prelates, more then their Ancestors had done in times past: And hereunto the King gave his Royal Assent in these words,
Ypleist au Roy. And mark well the manner of the penning the Act: for seeing the Commons did not assent thereunto, the words of the Act are,
It is Ordained and Assented in this present Parliament, That, &c. And so it was, being but by the King and the Lords.
It is to be known, that of ancient time, when any Acts of Parliament were made, to the end the same might be published, and understood,
[Page 163]especially before the use of Printing came into
England, the Acts of Parliament were ingrossed into Parchment, and bundled up together with a Writ in the King's name, under the great Seal, to the Sheriff of every County, sometime in
Latine, and sometime in
French, to command the Sheriff to proclaim the said Statutes within his Bailwick, as well within Liberties, as without. And this was the course of Parliamentary Proceedings, before Printing came in use in
England, and yet it continued after we had the Print, till the Reign of
H. 7.
Now at the Parliament holden in 5.
R. 2.
John Braibrook Bishop of
London being Lord Chancellor of
England, caused the said Ordinance of the King and Lords to be inserted into the Parliamentary Writ of Proclamation to be proclaimed amongst the Acts of Parliament: which Writ I have seen, the purclose of which Writ, after the recital of the Acts directed to the Sheriff of
N. in these words,
Nos volentes dictas concordias, sive ordinationes in omnibus & singulis suis Articulis inviolabiter observari, tibi praecipimus quod praedictas concordias, sive ordinationes in locis infra Balivam tuam, ubi melius expedire volueris, tam infra libertates, quam extra, Publice Proclamari, & teneri facias juxta formam Praenotatam. Teste Rege apud Westm. 26. Maij. Anno Regni Regis
R. 2.5. But in the Parliamentary Proclamation of the Acts passed in
Anno 6.
R. 2. the said Act of the 6.
R. 2. whereby the said supposed Act of 5.
R. 2. was declared to be void, is omitted: and afterwards the said supposed Act of 5.
R. 2. was continually Printed, and the said Act of 6.
R. 2. hath been by the Prelates ever from time to time kept from the Print.
A Counterfeit Act Printed by Bishops against Protestants. What
English Protestant can read this without horror? what? doth he not observe it? why 'tis that Counterfeit Act of Parliament. 5.
R. 2.1382. whereby Bishops usurp to be Judges of the Souls and Consciences of Protestants, and to put them in strong Prison till they conform and submit to the will of the Bishop; 'tis that Counterfeit Act whereby they usurp to be Judges of Heresie, and to make Protestants Hereticks when they please; 'tis that Counterfeit Act whereby they have compell'd the Subjects to swear to worship their Idols; 'tis that Counterfeit Act whereby they have dragged so many Pious Martyrs to the Stake, and burnt them, filling the whole Land with fiery Furnaces; 'tis that Counterfeit Act by which the Bishops have usurped Power to destroy Religion, Liberty, Propriety, and Lives of all Protestant Subjects at their pleasure; 'tis that Counterfeit Act which was never assented to, but disclaimed, detested, abrogated, and declared null and void by the House of Commons. 6.
R. 2.
Anno 1383. and hath been yet most presumptuously caused to be printed as a valid Act by the Bishops being Masters of the Press; and the true Act of Abrogation 6.
R. 2. Whereon all the Subject hath depends, most wickedly suppress'd, and never Printed.
Coke 2.
Part. Fol. 584. saith, And here is to be observed how the Statute of 35.
E. 1. hath been dealt with since the 17th. of
E. 3. for in an Act that Year, a branch of the Statute of 35.
E. 1. was recited, That forbad any thing should be attempted or brought into the Realm, which should tend to blemish the King's Prerogative, or in prejudice of his Lords and Commons, which is now wholy omitted; and
Fol. 585. he saith, Note in the Roll of Parliament of the Statute of 38.
E. 3.
Cap. 1. of
Provisors, there are more sharp and biting words against the Pope then in Print, a Mystery often in use, but not to be known of all men; from which examples it is manifest, that this came by the Fraud of the Bishops, who before Printing, were Masters of the Authentick Copies of the Laws appointed for promulgation; and since Printing, are Masters of the Press, to interdict and publish what they will.
Accipe nunc horum insidias & Crimine ab uno,
Disce omnes.
These few Frauds are discover'd in Print against the Interdictors of Printers, which discovery they would likewise have interdicted if they had been able, for these latter Books of my Lord
Coke were prohibited to be Printed, and got out in the late time of Troubles: but by these it is clear, which were only spoken
obiter, and without any inquisition after them, that all they are guilty of are not discover'd, and that to give either Spiritual or Temporal Judges Power to interdict the Press, is to give them Power to have what Law, what Gospel, what Text, what Translation, what Canonical, what Apocryphal, what Scripture, what Act of Parliament, what Common Law, what Statute, what Religion, what Justice, what Liberty, and what Slavery they please.
Besides which Power of Fraud and Forgery destructive to all Truth, these further mischeifs follow all interdictions of the Press, but I shall first answer such Objections as are made against the Liberty of it.
Object. 1 First,
If Liberty of the Press should be permitted, Enemies would have it equal with Friends, Papists with Protestants, Hereticks with Orthodox. Secondly,
They would Print Blasphemy, Idolatry, Treason, Rebellion, Ʋncleanness, Calumny, Reviling, Derision, and all manner of Heresie.
Answ. 1 To the First is answer'd, (1.) That it is impossible to exclude Enemies and Papists from Printing, they being possess'd of so many Transmarine Presses, whence they can with far greater advantage vent their matters, then from any Presses in
England. (2.) Admit they could be excluded, yet in prudence they ought not, but are more necessary to be admitted then Friends; for those whom we use to call Friends, are
pessimum inimicorum genus Adulantes, the worst kind of Enemies, Flatterers, who flatter and sooth us up in our Vices, and destroy us, but any truth
[Page 165]of our Faults we shall never hear but from Enemies.
Plutarch therefore calls an
Enemy, a School-Master which costs us nothing.
2. As to the matters of Blasphemy, Idolatry, or Uncleanness; neither Enemy or Friend will so far dishonour themselves, or their Cause, as to Print them openly, for it is against their interest; As to Treason or Rebellion, who that hath an Enemy, doth not desire to know beforehand, wherein the strength of his Cause, as well as of his Forces lies; and to have the War Proclaimed in Print before it begin, that he may the better provide against. Besides, if there were but a Law made, that nothing shall be printed, without the names of the Author and Printer, with their Additions and Designations: And that all Crimes against the publick, committed by Printing, should be punished by Indictment according to Law; and all injuries to private persons, should be reparable by the parties injured, on their Actions according to Damage: Who would dare make himself guilty of a publick Crime, or private Injury in Print, to which he had set his name?
3. As to matters of Heresie, such as by accident become dangerous to public safety, the prudence of the Legislators, may, where they find cause, prohibit them, both Press and Pulpit; but not in the Thoughts and Consciences of Men: As in the end of the Wars of
Germany, between the
Lutherans and
Catholicks it was Enacted, mutually on both sides on pain of death,
That no Catholick
should Preach against the Lutheran
Doctrine, or Lutheran
against the Catholick;
but both should enjoy the liberty of their own Consciences to themselves. This agreement was here made, otherwise those bloody Wars would never have ended, without a total destruction of one of the Parties.
And likewise such a Law were here much more necessary, between dissentient Protestants, who were Brethren, then it was between the
Lutherans and
Catholicks, who were mortal Enemies; That no dissentient
Protestant should Print or Preach publickly, on any point of Ceremonial dissentiency, or other matter not necessary to Salvation, except in such matters as are particularly allowed by Supream Authority, to exclude Popery; there being Field-room enough in the Moral Law of God, to exercise gifts in Preaching; and matters which have the promise of this life, and of that to come; and no cause for any to complain, who have liberty likewise of Conscience to use what
Protestant Ceremonies, and Form of Worship they will to themselves, though they have not power to compel the Consciences of others, who are dissentients. But if
Protestants are tolerated to Print or Preach against one another, this is the thing the Papist would have, and knows will in the end make them. both a prey to himself.
But though
Protestants ought not to preach one against another, yet the juncture of Affairs being not at present in great
Britain, as before
[Page 166]mention'd in
Germany, and an appearance of War Plotted by the
Papist, rather to begin than end with the
Protestant, the Bishops ought not to be suffer'd to interdict either Press or Pulpit to the
Protestants against them.
To come at length to the further mischiefs insuing the Interdiction of the Press; any Interdiction of the Press (except in Cases before mention'd) either to Friend or Enemy, is a dishonour to the
Protestant Religion, as if it dared not suffer it self to be disputed, or to meet an Enemy in the open field; whereas in truth, it is not
Protestancy but
Episcopacy. 'Tis not the Moral Law which is the
Protestant Law, but the Ceremonial which is the
Popish Law, which dares not encounter the shock of an Enemy: And 'tis Fiction and not Truth, Vice and not Vertue, which fears either Press or Pasquil.
2. The Foreign Presses being impossible to be interdicted to the
Papist, if the
English are interdicted to the
Protestant, he is thereby silenced, and prohibited to answer the
Papist, let him preach what he pleaseth.
3. By Interdiction, the profit of the
English Protestant Print-houses will be transported to Foreign Papists; which will be a great discouragement to so necessary a Trade in
England, and prejudice to the Protestant Religion, and Policy.
4. The Interdiction of the Press will multiply the greater evil of Libels and Lampoons.
It increases unlearned Sects and Heresies, who if drawn to Print would either not be able to form their Doctrine in Principles or Positions; or if they were, they would appear so absurd as would be fit to imploy boys to laugh at, rather than Doctors to confute: Such were
Mahomet's, whose
Alchoran is not therefore suffered to be Printed, or Translated.
5. It causes the more dangerous way of spreading Heresies, both learned and unlearned, to be neglected how to prevent, which is the secret creeping into private Houses, leading Captive silly Women, with whom they walk like the Pestilence in the dark; whereas if they appeared in Print or publick Preaching, they might be known where they are, and opposed.
6. It stops the truth of all intelligence, which is so invaluable a Treasure, and difficult to be got into the Gates of Princes.
7. A free Press is the pulse of the Body politic, from which is impossible for the wisest State-Physician to discern, or prevent the public Distempers, unless it is suffer'd to beat free without a Ligature.
8. It stops all just causes of complaint, and appeal of the Subject to the King and Parliament, against Judges and great Officers, both Spiritual and Temporal. It was my own ill fortune to be prickt Sheriff
[Page 167]of a County, which enforced me to draw a Petition to be presented to the King and Parliament; desiring some remedy against the old Popish Oath, continued to be imposed on Sheriffs; wherein they swear to destroy the Protestant Religion, under the name of
Lollary; and likewise to be relieved against the extortions of Officers of the
Exchequer, on Sheriffs: which not knowing how otherwise conveniently to Address, I appointed the Messenger to get a License to Print; which he tryed to do, but though there was nothing in it but Humility and Truth; as who dare present otherwise to the Legislative Power? The Licenser Swore
He would not License it for Five Hundred Guinneys, whereby it could not be done.
9. It stops all presentments by the People to the King and Parliament of public grievances, in regard the extent of the Three Kingdoms is great, and remote; and therefore neither fit nor possible, multitudes should come so far to present Petitions in person; and if not done in person, there are so many Papists, and Foreign Agents, and their favourers in the way, as may, and do often intercept from the King's knowledg, the humble applications of his Protestant Subjects, as is easie to do, when perhaps comprised only in one sheet of Paper. To avoid therefore the stifling of all just complaints of the Subjects, and the ill consequences which have been too often occasioned thereby, of presenting Petitions by Tumults and Armies: It is far more safe and equal, that the Press should be open to the People in all public Addresses to Supream Authority; it being many times a sufficient satisfaction to them, if they understand that the King and Parliament do but vouchsafe to hear their complaints and desires, though they think it not fit to grant them: And a Child will often times awe his Enemies from harming him, if he do but threaten them he will tell his Father, where they know he hath that liberty given him.
10. It appears by experience, That the Liberty of the Press in
Holland, and other Foreign States, where permitted, not only bring no inconveniences, but very great benefits and advantages to the People.
By pretence of giving the King the name of
Supremacy, they have taken the Thing to themselves.
The word
Supremacy, is of so infinite Extent, as it can properly be attributed to none but the Divine Power of God; and the words,
Jurisdiction and Government, with which it is joyned in the Stat. 1.
Eliz. 1. which gives the Form of the Oath of Supremacy, are of that Vast Latitude, that in their large literal Sense they include all Legislative,
[Page 168]Judicial and Executive Power amongst men, and the Subject matters over which it is exercised, are all Divine and Human Rights; yea what is more, all things Spiritual and Ecclesiastical, as well as Temporal, circumscribed in nothing to difference it from the Papal Supremacy pretended over Heaven, Earth and Hell, but the Bounds of her Majesties Dominions, within which no wise man ever believed Heaven and H
[...]ll to be contained, though the Bishops under pretence of the same Supremacy given her Majesty which the Pope had, have in the Royal name exercised the same, not only in matters of Marriage, Filiation and Succession, concerning which I intend here only to contend with them; but in all other matters of Oppression of the Consciences, and Rights of the Subjects both as to Religion, Liberty and Propriety, as high as ever the Pope did; though never any such Supremacy was intended either by the Statute, or Oath to make Canons Judg or Execute, but what hath before been, or lawfully may be exercised or used, (so the word
lawfully, refers to time past, as well as future,) and that neither Pope nor Bishops had ever any lawful Supremacy or Power to make or use Canons, or Ecclesiastical Laws concerning Marriage, Filiation or Succession, but did the same by Usurpation in this Realm, is sufficiently proved before against my Lord
Coke's Ecclesiastical Law,
P. 31. and the Form of the Oath makes the Ecclesiastical Supremacy no higher than the Temporal Supremacy, which every one knows in all Acts of Legislation, is joyntly in the King and Parliament, and not singly in either Estate. And therefore Bishops can claim to exercise no Supremacy from one, unless they have it from both; nor of any matter which is not within the Kings Dominions, or of any other human Power, but only belongs to the Kingdom of God. And that Pious Queen her Self, who began her Reign with the Statute and Oath of Supremacy, soon found the words so general, and thereby obscure, and the letter wrested to such extremity by Episcopal Expositions, that she endeavour'd by a Subsequent Declaration published, to have explained and limited, according to the true intention; but the same not being done by Act of Parliament, became not of that Force was desired, and left the Bishops more liberty to exercise more Supremacy in the Royal Name by pretence, then was in truth intended in the Act or Oath. And the subtlety wherewith they glossed their designs, appears in the Act it self, of which they were the chiefest contrivers. For first, they begin with a
Nolo Episcopare, alas; as if they intended never to Episcopate or seek for Ecclesiastical Supremacy again
[...]; for they utterly abolish all Foreign Power which was the Popes, and all usurped Power which was their own, and annex all Spiritual and Ecclesiastical Jurisdiction to the Crown, which includes the Jurisdiction of Marriage, Filiation and Succession, and many other matters: for they knew, if
[Page 169]any part of the Supremacy had been left at
Rome, they could never have got it to
Canterbury; and though the one eased the Burden of the Subject no more than the other, but rather by the nearness of the Taskmasters increased it to blind the people, they pretend all to be for the Queen; and as if neither Pope nor Prelate should have to do with it, they incited the Queen, like the Eagle of Divinity, to Soar to the height of Spiritual and Ecclesiastical Supremacy, to no other intention, than when she had taken the Quarry, they might take it from her and exercise it themselves to their own profit, and not hers: for the next Clause in the Act is, That the Queen may assign Commissioners to exercise all manner of Spiritual and Ecclesiastical Jurisdiction, which they knew would be to Bishops; but they abusing this Power they had got in the High Commission Court, and other Commissions, this Clause or Branch of Assigning Ecclesiastical Jurisdiction by Commission, is repealed 17.
Car. 1.
Cap. 11.
& 13.
Car. 2.
Cap. 12. but the annexation to the Crown and Oath of Supremacy still continuing, they continue still in the King's Name to exercise all Acts of Supremacy, both of Legislation by continuing and making Canons, and of Judgment and Execution above all Appeal, in all matters concerning
Marriage, Filiation, and Succession, or more than they were given Power by any Commissions to do while they continued, which makes them who exercise Acts of Supremacy, incapable of being Judges Delegate.
By pretence of giving the King Supremacy by the Ceremonies of Coronation and Unction, they take it from him to themselves.
Coronation is the Investiture of a King in his Kingdom, by the Ceremony of Tradition of a Crown, or setting it on his Head; so is the Investiture of a Bishop, by Tradition, of a Ring and Staff or Crosyer; and of a Soldier in Feudal Tenures, by Tradition of a Ring, Sword, or Spear.
The Persons who have used to make Traditions of Crowns, have been in Kingdoms where the Priest hath the Supremacy of the King; as in
Pagan Kingdoms by the High Priest, and in
Christian Kingdoms by the Pope or Bishop; and in
Germany by both; for the King of the
Romans is used to receive three Crowns, one of Iron, another of Silver, and another of Gold. That of Iron he receives of the Bishop of
Coleyn in
Aquisgrave; that of Silver of the Arch-Bishop of
Millayne in
Italy, in the same City, and in the Church of St.
Ambrose. That of Gold, of the Bishop of
Rome, in the Church of St.
Peter, at the Altar of St.
Maurice. Where Note, That Gold may be bought too dear,
[Page 170]and that three Magpies have got by the Bargain Supremacy over the
Roman Eagle.
But in such Kingdoms where the Supremacy hath been in the King above the Priest, the Tradition of the Crown hath been by the People or their Representative, which we call here a Parliament, or one appointed by them, in regard a multitude cannot all do it in person.
It is likewise to be observed, That there is a difference between assuming a Kingdom by Conquest, and by Contract; for he that comes in by Conquest, takes the Crown without Tradition from Clergy or Lay, whether they will or no, or exercises the Power of the Sword to govern at his Will without a Crown, as did the old
Roman, and now do the
Ottoman Emperors, who are never Crowned, but wear Turbans, whereby no Foreign Caliphs, nor their own Mufti's can usurp Ecclesiastical Supremacy: for whosoever accepts Tradition of a Crown, or any other Symbol or token of Investiture, lays aside all Titles by Conquest, and receives a Kingdom by Contract with the people, and takes an Oath to Govern according to the Laws Contracted; which Contract if made with Bishops, and they have the Power of Tradition of the Crown, (if we will believe
Henry the Second) they will impose their own Terms of Supremacy and every thing else which concerns their profit; and how Imperious they have been in arrogating to themselves only the Right of Tradition of the Crown, I shall only mention one Example in the Reign of
Henry the First, who after the death of his first Queen
Matild, married a second called
Adelira; and when she was to Be Crowned,
Ralf, Arch-Bishop of
Canterbury, who was to do the Office, came to King
Henry sitting in his Chair of State, asking
who had set the Crown on his Head? The King answering,
I have now forgotten, it was so long since. Well, says the Arch-Bishop,
who ever did it, he did me wrong, to whom it belonged, and as long as you hold it thus, I will do no Office at this Coronation Then said the King,
The insolency of an Arch-Bishop.
Do what you think good. Whereupon the Arch-Bishop took the Crown off the King's Head, and after, at the intreaty of the people, set it on again, and then proceeded to Crown the Queen. Here appears a great difference between the Tradition of the Crown by a Bishop, and by the People; for the Bishop arrogates the Right, as the Pope by his Spiritual and Ecclesiastical Supremacy, and compels the Prince implicity to acknowledg the same, by either receiving the Original Tradition, or Confirmation of his Crown from him, as one that h
[...]th power
Jure Divino to give it; but where it is received from the People or Parliament, neither Superiority nor Supremacy is imply'd, nor comes in question, but only the form of the Contract; for Superiors, and Inferiors, and Equals, may all Contract alike, and bind themselves alike, whether Superior or Inferior, without any regard or consideration of the one or the other.
Then for the Supremacy Spiritual given by Unction by a Bishop, they are ever citing their old Popish rule,
Reges sacro oleo uncti Spiritualis Jurisdictionis sunt capaces, Kings anointed with holy Oil, are capable of Spiritual Jurisdiction, whereby they make an Appearance, as if by their Oil they gave Supream Spiritual Jurisdiction; whereas in truth they thereby circumvent Princes, and make them implicitely acknowledg the Bishop who anoints, to be a greater Supream than the Anointed: for the Bishop assuming without Miracle or sign of Mission to Consecrate the Oil, he thereby pr
[...]tends he hath Power
Jure Divino to Consecrate and Anoint as some Prophets had by Miracle amongst the
Jews; and then from Christ's Argument,
Matth. 23.17, 19.
Anointing safer for Princes by a Layhand, and with common Oil, than with Oil Consecrate.
Whether is greater, the Gold, or the Temple, which Sanctifieth the Gold? the Gift, or the Altar which Sanctifieth the Gift? infers, whether is greater, the Temple, or Bishop who Cons
[...]crates the Temple? the Oil, or Bishop who Consecrates the Oil? and whether is a greater Supream, the Person Anointed, or the Bishop who Anoints and Consecrates the An
[...]inted? So it was by pretence of Consecration of Crowns and Oils, by which the Pope first, and since the Bishop, hath usurped Supremacy over Princes, and secretly steal the Supremacy of that Spiritual Jurisdiction to themselves, which they pretend to give them. But where the Tradition of the Crown or Unction is by the People or their Representative the Parliament, according to Contract between them and the Prince, they never pretend any such thing as Consecration in either, but a civil Contract obliged by mutual Oaths.
To shew some farther Authority, therefore, that never any Pope of
Rome, or
Ralf of
Canterbury, or other Bishop, had any Authority from Christ in the New, or the Prophets or Priests in the Old Testament, to make Tradition of a Crown to any Temporal Prince, but the same belonged to the People or their Representative, who were to be Subjects: It is evident, (1.) as to Christ,
John 18.36.
His Kingdom is not of this World. (2.) He never had any Crown but that of Thorns,
Matth. 27.29. Nor any Robes but the seamless Coat,
John 19.23. As to the Prophets and Priests in the Old Testament, they never made Tradition of any Crown to any King of
Israel or
Judah, but they received them from the People, (such as wore them) and not from any Prophet or Priest; for though
Nunrod, as is already mention'd, alledged or feigned before his Usurpation of the first Monarchy, that God shewed him miraculously a Crown in the Clouds, and
Constantine likewise alledged or feigned, that God shewed him miraculously a Cross in the Clouds, yet never any material Crown or Cross dropt from the Clouds, neither doth it appear in Scripture, or any History, that any material Crown was ever by Miracle made by God, or sent by any Prophet or Priest, who should have Authority to make Tradition thereof, and thereby
[Page 172]give Investiture of a Kingdom, nor Robes; for though,
Gen. 3.21.
God made Coats of Skins and clothed Adam; and
Matth. 6.30.
clothed the Lillies, yet it is before said,
Solomon in all his glory was not arrayed like one of these: Which shews, though God made the Lillies, he made not
Solomon's Robes. And the Prophet
Ahijah, 1
Kings 11.30. though he prophesied the Kingdom to
Jeroboam, gave him neither Crown nor Robes, but rather disrobed him;
for he caught his new Garment he bad on, and rent it in twelve pieces, and gave him ten of them. And they were the People only that gave him the Investiture by Crown and Robes, if those Ceremonies were at all used; for it is said,
Cap. 12.20.
The People sent and called him unto the Congregation, and made him King over all Israel:
there was none that followed the House of David,
but the House of Judah
only. And
Verse 24. It appears, that this was from God; yet were not the Priests hand in it to Crown him, for they would not forsake the Sacrifice at
Jerusalem; which,
Verse 27. made
Jeroboam to fear, that if the people should go thither to sacrifice, they would again return to
Rehoboam, and caused him, for prevention, to set up the two Golden Calves at
Dan and
Bethel. As to the Coronation of
Saul and
David, we find
Saul had a Crown, for, the
Amalekite 2
Sam. 1.10. who tells
David he slew him, saith,
I took the Crown that was upon his Head, and the Bracelet that was on his Arm, and have brought them hither unto my Lord.
Coronation of
Saul, not by the Priest, but People. (1.) It appears not that
Samuel gave him this Crown, neither is it probable; for as hath been said before, it appears not in any History, that God ever sent a material Crown by any Prophet; and as to the
Jewish Priests Custom they could have none,
Saul being the first King in that Kingdom; and Law they could have none for the Priest to make Tradition of the Crown to the King, for
Moses mentions no such thing: therefore it was done by the People, who were of necessity to shew their assent and acknowledgment, by some external Ceremony of acknowledgment of their Governor, which after the manner of the Nations, after whose example they desired to have a King, was by Tradition of a Crown, and bringing him Presents; which Presents appear, 1
Sam. 10.27. to be made by the People, and not the Priest; for it is there said,
The Children of Belial
said, How shall this man save us? and they despised him, and brought him no Presents.
Coronation of
David, on a Conquest, by himself.As to the Coronation of
David, it was in a Kingdom he obtained by Conquest, made by himself, by taking the Crown from the Conquer'd King's Head, and setting it on his own head without Prophet, or Priest, or Contract with the People. 2
Sam. 12.26.
And Joab
fought against Rabbah
of the Children of Ammon,
and took the Royal City, And Joab
sent Messengers to David,
and said, I have fought against Rabbah,
and have taken the City of Waters.
Now therefore gather the rest of the People together, and encamp against the City, and take it, lest I take the City, and
[Page 173]it be be called after my name. And David
gather'd all the People together, and went to Rabbah,
and fought against it, and took it. And he took their Kings Crown from off his Head, (the weight whereof was a Talent of Gold, with the Pretious Stones,) and it was set on David's
Head: Thus appears Coronation to be over a Conquer'd People;
Coronation of
David on a Contract, by the People. but when
David hath to do with a free People of
Judah and
Israel, it appears, he neither assumed the Crown himself with his own hand, nor received Tradition or Investiture of any Prophet or Priest of the same, but from the People, on Contracts mutually agreed. Yea not only the Crown, but the Anointing it self; which signified the Kingdoms, was given by the People; or, which is all one, by their Representative in Parliament, and not by the Priest, as will appear from the Texts following,
viz. 1
Sam. 16, 13. where it is said concerning
David, when he was brought before
Samuel, Then Samuel
took the Horn of Oil, and anointed him in the midst of his Brethren: and the Spirit of the Lord came on David
from that day forward. 2 Sam. 2.4.
The men of Judah
came, and there they anointed David
King over the House of Judah. And 2
Sam. 5.1.
Then came all the Tribes of Israel
to David
unto Hebron: And
Verse 3.
So all the Elders of Israel
came to the King to Hebron,
and King David
made a League with them in Hebron
before the Lord: and they anointed David
King over Israel. And 1
Chron. 1.1.
Then all Israel
gather'd themselves to David
unto Hebron: And
Verse 3.
Therefore came all the Elders of Israel
to the King to Hebron,
and David
made a Covenant with them in Hebron
before the Lord, and they anointed David
King over Israel,
according to the word of the Lord by Samuel.
By which appears first, that the anointing by
Samuel of
David, gave him no Investiture of the Kingdom; for
Saul was then alive, but only he prophesied by this he should be King, and Successor after
Saul's death, and by Miracle prepared and made him capable and fit to execute the Office, by giving him from that time the Spirit of God; which Miracle likewise followed the anointing of his Predecessor
Saul, 1
Sam. 10.1, to the 12th.
Verse. But there is no such Miracle ensues from Episcopal Unction or Consecration, neither do they shew any sign of Mission, to Anoint as
Samuel did; but every man that is born hath a sign of Mission from God to Contract with that Prince, under the protection of whose Sword he happens to be born, to yield him Subjection for Protection, and to concur with the whole Body of the other Subjects, to present him with a Symbol or sign of the same, with a Crown or Oil, as here the men of
Israel and
Judah do to
David.
2.
David anointed by his Parliament.That the Anointing which gave
David the Investiture of the Kingdoms, was made by the Representative of the People in Parliament, and not by the Priest; for it is said, That all the Tribes, and all
Israel, and all the Elders, which were a Senate or Parliament, to treat for the
[Page 174]People, and make a League and Covenant with the King; for it was impossible for him otherwise to treat with so great a multitude as all
Israel, had they not agreed to Elect a fit Representative for them; therefore it is said, The Elders anointed
David, and no mention made of the Priest; neither had the Priest any Law of
Moses to anoint Kings.
3. That as there was no Crown sent
David from Heaven for his Coronation, whereby Pontifical men might pretend to have the disposing, so there was no Oil sent thence for
[...]is Anointing, but he received both from the People. And surely the Mission of the Oil of
Rhemes thence is as great a Fable, as of the Crown of
Nimrod, or of the Image which fell from
Jupiter; neither did there need any Consecration of either, for by the Customs of most Nations, Crowns and Unctions were but civil Ceremonies of Honour given to the Parties which received them, not only in Elections of Kings, but almost in all other Solemnities, as Military Triumphs, Olympick and other Games, yea even in their ordinary Feasts, both of
Aegyptians, Greeks, and
Romans.
Habent Ʋnctae mollia serta Comae.
Ovid.
Which shews both Crowning and Anointing of their Guests, with Garlands or Crowns of Flowers, and Unction with Oil of the Olive, both which materials, though more properly made by God, than Crowns of Gold and Oils confected and Consecrated, yet were esteemed but as civil Ceremonies, and were a ministred by Lay-hands without a Priest. And of this civil Festival Honour of Anointing used amongst the
Jews, as well as other Nations, Christ is pleased to take notice,
Luke 7.36.
My Head with Oil thou didst not anoint, but this Woman hath anointed my Feet with Ointment. And though both Coronation and Unction were but civil Ceremonies, and of humane Institution, where no Miracle testified a Divine, yet is
David called God's Anointed, more truly than if he had been anointed by the Priest, seeing God gave the Priest no Mission, but yet himself turned the Hearts of the People by the civil signs of Coronation and Unction, to acknowledg
David for their Sovereign; for which he himself giveth thanks and saith,
Psal. 18.47.
God subdueth the People under me.
4. That
David doth not make a League and Covenant with the High Priest, but with his Parliament, who were the Convention of Elders who anointed him.
5. That though there had been long Civil Wars between
Judah who followed
David, and
Israel who followed
Isbosheth the Son of
Saul, and
Abner his General was dead, and
Isbosheth was dead, and there remained with him Victorious and Veteran Armies; yet neither
Judah nor
Israel anointed him, till he had first made with them a League and Covenant.
6. From hence may be discover'd the great Mystery of Iniquity, whereby Popes have terrified Emperors and Kings as their Vassals, to receive Crowns and Unctions from them, which hath been only by persuading. That none but Bishops could Crown or Anoint them; the manifold mischiefs of which to Princes and People, are too long here to be recited; only whosoever will consider them, will find it clear, That Bishops who have pretended, or may pretend to so dangerous a T
[...]nent, as, That none but they have Right to make Coronations and Unctions, are no fit Judges of Successions to Crowns.
They assume in the Judgment of all matters concerning Marririage, Filiation, Aliment, and Succession, to be above Appeal to the Kings Courts.
It hath been already shewn, that Bishops by assuming a Power
Jure Divino, without shewing a sign of Mission, and by false translating Scripture, and by corrupting and interdicting the Press, exercise a Power superior or equal to the Legislative; from which doth follow, That such as are Legislators, or assume or exercise such Power, ought not to be Judges Delegate. (1.) Because Legislation Supream, and Judgment Delegate, are two distinct Offices, and ought not to be confounded. (2.) Because it is Repugnant, that a Legislator should be a Delegate to himself; for in
Presentia Majoris cessat potestas Minoris, the lesser Power is lost in the greater. (3.) If wrong Judgment happen to be given, there can be no appeal but to those who did the Wrong; whereby they become Judges and Parties, and Judg in their own Case. (4) A Power Delegate to Judg without Appeal, ceases to be a Delegate Power, and is greater than the Legislative, which Power that it is assumed by the Bishops in all Matrimonial Causes, is the thing next to be shewn.
Of the abominable Judgment passed by the Common Law Judges in
Kennes Case,
Coke lib. 7.42. whereby they gave away the Supremacy of the King's Courts to the Bishop, and made them in all Causes Matrimonial, subject to no Appeal.
Mich. 4.
Jac. In the Court of Wards between
Thomas Robertson, and
Elizabeth his Wife,
Plaintiff; and
Florence Lady
Stallenge, Defendant; The Case was, This
Christopher Kenne
Esq was seized of the Mannor of
Kenne in the County of
Sommerset, holden by Knights Service
in Capite, and 37.
H. 8.
de facto married
Elizabeth Stowell, and had Issue
[Page 176]
Martha the Mother of
Elizabeth one of the now
Plaintiffs; and after, 1.
& 2.
Ph. & Mar. in the Court of
Audience, between the said
Christopher Kenne, Plaintiff; and
Elizabeth Stewell, Defendant; the Judg there gave a Sentence in these words,
Pretens' tractat' contract' sponsalia & Matrimonium quin verius Effigiem matrimonij inter Christopherum Kenne
& Elizabeth Stowell
in Minore & sua impubertatis aetate eorundem aut eorum alterius de fact' habit' contract' & celebrat' fuisse & esse eosdem
(que) Christopherum
& Eliz.
tam tempore contractus & Solemnizationis dict' pretens' matrimonij quam etiam continuo postea idem matrimonio pretens' & Solemnizationi ejusdem dissensisse contravenisse Reclamasse & Reluctasse ac eo praetextu hujusmodi Pretens' tractat' sponsalia & matrimonium de jure nullum & nulla irritum & irrita cassum & cassa invalidum & invalida & minus efficax & inefficacia fuisse & esse viribus
(que) juris caruisse carere & carere debere Nec non Antedictos Christopherum Kenne
& Eliz Stowell
quatenus de factor fuerunt ad invicem matrimonio ut predicitur copulat' ab invicem Separand' & divorciand' fore debere pronunciamus decernimus & declaramus Eos
(que) Separamus & Divorciamus eisdem
(que) Christopher'
& Eliz.
licentiam & Libertatem ad alia vota convolanda concedimus tribuimus & impertimur per hanc Sententiam nostram definitivam sive hoc finale nostrum decretum quam sive quod ferimus & promulgamus in hiis Scriptis &c.
And after the Divorce, the said
Christopher Kenne Espous'd and took to Wife
Elizabeth Beckwith: And after,
Anno 5th.
Eliz. before certain Commissioners Ecclesiastical, the said
Elizabeth Beckwith Libelled against the said
Christopher Kenne, That before the Marriage between them contracted, he had Married with
Elizabeth Stowell; on which process was awarded against
Elizabeth Stowell pro interesse. And upon due examination of the Cause, it was Sentenced, That the Marriage between the said
Christopher Kenne, and
Elizabeth Beckwith, was lawful, and Sentenced them
ad Exequenda Conjugalta obsequia, &c. And that the said
Christopher Kenne was never lawfully Espoused unto the said
Elizabeth Stowell; and after the said
Elizabeth Beckwith died, after whose death the said
Christopher took to Wife the said
Florence, by whom he had Issue one Daughter, and called
Elizabeth, and died. And
Anno 36th.
Eliz. it was found by Office in the County of
Sommerset, by Force of a
Mandamus, after the death of the said
Christopher Kenne, that the said
Elizabeth Kenne was his Daughter and Heir, who was within Age,
Viz. of the Age of Ten Months. The Queen granted her Wardship to Sir
Nicholas Stallenge and the said
Florence then his Wife, on which the said
Martha alledged her self to be Daughter and Heir to the said
Christopher Kenne, and with her Husband
Silvester Williams, Exhibited their Bill in the Court of Wards against the said Sir
Nicholas, and
Florence, alledging, That the said
Martha was Daughter and Heir of the Body of the said
Elizabeth Stowell his lawful Wife, and that they the
[Page 177]said
Christopher and
Elizabeth Stowell at the time of their Marriage in
Anno 37.
H. 8. were both of them above the Age of Consent, and that they Cohabited together Nine or Ten Years before the said supposed Divorce; during which Cohabitation the said
Martha was procreate between them, and therefore pray they may have License to Traverse the said Office. To which Bill the said
Nicholas and
Florence put in their answer, and the
Plaintiff examined divers Witnesses, and before Publication, Sir
Nicholas dies; and thereupon the said
Silvester and
Martha exhibited a Bill of Reviver against the said
Florence; and after,
Martha having Issue
Elizabeth the Wife of the now
Pl. died, after whose death the said
Thomas Robertson and
Elizabeth his Wife, bring a new Bill of Reviver to revive the first Sute, in which the Witnesses were examined; and this Case was refer'd to
Fleming and
Coke, Chief Justices, and
Tanfeild Chief Baron, and
Selverton and
Williams Justices, and
Sing and
Altham Barons of the Exchequer.
If it be asked, for what reason was such a Sentence given? my Lord
Coke nor the rest will neither tie the Bishop nor themselves to shew any; for he saith, The lawfulness of Marriage belonging originally to be tried in the Ecclesiastical Court, if the Ecclesiastical Judg (that is, the Bishop) Sentence a Marriage Null, We (that is, the Judges of the King's Courts) ought to give Faith (that is, implicit Faith) to their Sentence, as they do to our Judgment, whether true or false, right or wrong, reason or no reason; and so he saith, Where the original cause of Sute concerning Marriage belongs to the Common Law Courts, the Ecclesiastical Judg is to give like Faith to them; as 22.
E. 4. in
Corbets Case, which was this, Sir
Robert Corbet had by
Elizabeth his Wife two Sons,
Robert the Elder, and
Roger the Younger, and dies;
Robert the Elder being under the Age of Fourteen, takes to Wife one
Matilda, and they dwell together t
[...]ll full Age,
Et habuerunt carnalem copulam, & cogniti & reputati pro viro & uxore palam. And after the said
Robert put off the said
Matilda, having no Issue by her, and Married one
Lettice in the life of the said
Matilda, and hath Issue by her
Robert, and dies;
Lettice Preached openly, that she was the lawful Wife of
Robert, and her Son a mulier,
Roger the Son of Sir
Robert Corbet, sues in the Spiritual Court to Reverse these Espousals between
Robert his Brother, and
Lettice; for which
Lettice sues a Prohibition. In which Case it was Resolved, (1.) That if
Robert and
Matilda had had Issue, and had been unjustly Divorced, and after
Robert had Married
Lettice, and had Issue and died, that as long as the unjust Divorce had continued, the Issue of
Matilda could have had no remedy at Common Law, the same gives so great Faith to the Sentence of the Bishop. (2.) That here
Roger might sue at Common Law, notwithstanding the second Marriage, in regard the same was void, being made while the first Wife lived. On which may
[Page 178]be noted, the injustice of the Bishops, being above Appeal in Judgment in these particulars, (1.) Here is a lawful Matirmony Consummate by the Birth of a Child, and two Persons thereby indissolubly joined together, by the Act and Law of God, put asunder by the Bishop and his Papal Law. Here is a Dispute from Generation to Generation concerning the Validity of a Marriage, and Succession to an Inheritance: Against the Marriage is alledged, That the same was declared void by a Sentence of Divorce, or rather of Nullity given by the Bishop. Against it is answered by
Elizabeth a Descendent of the said Marriage, and the right Heir to the Inheritance, that the cause of the said Sentence was false. And she offer'd to prove, that the said
Christopher Kenne and
Elizabeth Stowell were both above the Age of Consent to Marriage, in
Anno 37.
H. 8. and were then lawfully Married and Cohabited together Nine or Ten Years, and the said
Martha was lawfully Procreate between them before the pretended Divorce was made. Was there ever Probation more Relevant tender'd? was there ever better Reason alledged by a poor Lady to defend her Inheritance? On this,
Hoskins, Bacon, Dodridge, and other Council Argued so long from
Term to
Term, as was enough to spend a good Portion before it was got. But, alas, to no purpose; for had this
Elizabeth, been Queen
Elizabeth her self, these Judges will give no Relief or Hearing against a Bishops Sentence, unless his Lordship will please to Revoke it himself. And notwithstanding all Arguments to the contrary, it was accordingly resolved by all the Justices and Barons, That she must go without her Inheritance, and her Mother
Martha remain a Bastard, till the Bishop who made her so, should again unmake her, which was in plain
English, to adjudg there should be no Appeal in any case of
Marriage, Filiation, Aliment, or
Succession from the Bishops to the Kings Courts.
2. He rests not there, but says,
Iisdem licentiam ad alia vota convolanda concedimus. So that here not only Licence may be had for Money to Marry, but for the same to leave the old, and make a new choice as often as they please. And my Lord
Coke will have the Common Law to give such Faith, that they ought not to question these doings, true or false, right or wrong; which sets all Women and Men to Sale for Money, and gave the occasion to
Cornelius Agrippa, to call all Ecclesiasticks
Panders General for their Profit.
3. The Common Law Judges give the Bishop the same Supremacy of Power in Matrimonial Causes, since the Protestant Religion hath made Marriage no Sacrament, as they had in the time of highest Popery, and made it a Sacrament, though
Sublata causa tollitur effectus. The same ceasing to be a Sacrament, and becoming a mear Temporal Contract, the old superstitious Faith of a Sacrament ought not to be given those who are no Judges of Temporal matters.
4. It is worth a smile in this Case, were it not so wicked, to see how hot the Common Lawyers were a while in the scuffle for Supremacy of Marriage. But no sooner had the Bishops turn'd the muzzles of the
Romish Canons against them, and discharged their piece of Conjuring in a strange Language, instead of a Sentence, but our Worthies of the Law fell flat on their faces, and yielded the Royal Fort of the Prerogative and all the Protestant Subjects Laws and Liberties, eya
Magna Charta it self, to the Mercy of the Enemy, by so abominable a Judgment, that no Appeal lay to the Kings Courts against the Sentence of a Bishop, touching
Marriage, Filiation, or
Succession, true or false, right or wrong, with cause or without cause, a Resolve deserving to be mark'd with a Note of perpetual Infamy, and Razed out of all Records. On which and other Reasons, though in most parts of Christendom the Clergy generally composed one Estate of the Country, yet since the Reformation they were excluded from being any part of the Estates, and of
Holland, neither were they allowed any Vote in their Assembly: and far less Reason have they in
England (seeing they have equal Privilege here with the Gentry, and all other Lay-free-holders in Election of Knights of the Shire) to assume any other Power in the Legislative, Temporal or Spiritual, either in Person or by any other Representative. The like Practice is likewise in
Venice, though they are Catholicks, where before the Council sits, the Cryer with a loud Voice commands all Priests out of Doors, lest they should discover the State secrets to the Pope, and likewise assume the Supremacy of Judgment from the Temporalty to the Spiritualty; to produce which effects they are a dangerous ingredient to be mixt, in how small a quantity soever, in any Supream Council, and a little Leven of so active a Fermentation, Leveneth the whole Lump. A Reason is given by
Aeneas Silvius, why it was held by more, That the Pope was above a Council, than a Council above a Pope, because Popes gave Bishopricks and Arch-Bishopricks, but Councils gave none. Which doth not only hold in meer Spiritual Councils, but in such Spiritual Councils as are mixt with the Temporalty, in which the Spiritualty are always Bribed and Pension'd by the gift of their Offices: And this is apparent, and needs no further proof. And if any of the Temporalty receive the like Bribes and Pensions, upon lawful proof thereof made, it cannot be denied, that neither of them are equal or fit Legislators, and much less Judges of the Holy Laws of God, of
Marriage, Filiation, and
Succession of Subjects, and least of all of Kings.
Exceptions against Bishops being Judges, in reference to the Judicial Power.
1.
They are prohibited by the example of Christ to Judg Marriage, Filiation, Aliment,
or Succession.
We Read, Christ was at a Marriage-Feast, but it was so poor a one, they wanted Wine, and 'tis likely he would have helped them to none, had the man been rich; for he might have bought enough for his Money without Miracle. But Christ shewed his Bounty to the Poor, and the Rich he sent empty away. We read likewise, he taught the Doctrine of Marriage: but it was according to the Moral Law of God, and all Ceremonial Laws he Established; neither did he or his Apostles ever join any hands by the Ceremonies of a Priest or Temple, nor ever spake of any other joining Man and Woman together; but by God only, as it was from the beginning. And as to the point of being a Judg of
Marriage, Filiation, Aliment, and
Succession, he utterly refused it, though he knew the Fact and the Right far above any Bishop, as appears,
Luke 12.14.
And one of the company said unto him, Master, Speak to my Brother, that he divide the Inheritance with me. And he said unto him, Man, Who made me a Judg or a Divider over you? To give Judgment in this Case, according to Episcopal Doctrine, Christ must first have enquired with what Ceremonies the Father and Mother were Married, whereby the Marriage must have been first Judged. Then, Whether these two Brothers were begot before the Ceremonies, or after, and whether there were Witnesses at the begetting, which concerns
Filiation. Then, Whether the Inheritance, which, according to the
Romish Law, then Imperial in
Judaea, included both Lands and moveable Goods, were left by a Testate, or an Intestate; which would have concerned the
Aliment and
Succession, but Christ in a word refused to Judg any of these. And those who alledg themselves his Successors, ought to follow his Example, who if he sent them, sent them to teach, and not to Judg. For he saith▪
Go teach all Nations; but there is not a word of Judging any Nation.
2.
They are totally ignorant in the Fact, and were never Educated in the Laws by which they pretend to Judg Marriage.
That 'tis impossible for them to know the Facts of
Marriage or
Filiation, or to receive any Testimony of the same, is already shewn and proved,
P. 104, 105. and indeed the Cook with his white Sleeves who dress'd the Wedding-Dinner, and the Tailor who made the Wedding-Cloaths, and the Midwife and Gossips who eat the Pie, and drunk the Bowl, (if any Certificate or Judgment were at all necessary as to the
[Page 181]Fact of
Marriage and
Filiation, besides that of the Parents) were far more credible and fit, than the Bishop's who was an Hundred Miles off at the time of getting the Child, and of all these doings besides.
And as to the Law, 'tis known they were never Educated either in the Civil, Canon, Common or Statute Laws; the knowledg of all which they themselves cannot but acknowledg are necessary to make up an Ecclesiastical Lawyer: by which is manifest, they are as ignorant of the Law of
Marriage and
Filiation, as they are before proved to be of the Fact. With what Face or Conscience can they undertake to be Judges of what they are totally Ignorant, except only to take account of the Money and Gaines?
3.
They Judg by a Chancellour and Commissaries, and not in Person.
The Causes are, First,
Ignorance, whereof they are before proved Guilty. The Second,
Pride, that they may be equal to Kings who pream Judg or Legislative Power can delegate Judgment. A Bishop must therefore be a Judg Supream, or Delegate; if he Arrogate to be Supream, he ought not to be suffer'd; if a Delegate,
Delegatus non potest Delegare. The Third, is
Sloth, to take the Gains and not the Pains of doing Justice. The Fourth, is
Covetousnes, that they may have Plurality of Offices, and let them to Farm to Deputies; all which are most sad Ingredients to compound a Judg of
Marriage, Filiation, and
Succession: and it is clean contrary to the known Laws, for any Judg Delegate to Act by Deputy, and not in Person; for the Office of a Judg, is an Office of Trust, and cannot be granted over; and neither ought nor can be executed by any Assign, Deputy, Commissaries, or Chancellour, but ought to be served in Person; besides, they Excommunicate by Lay-deputies, contrary to their own Pretences, that the Power of the Keys belongs only to Persons in pretended Holy Orders.
4.
They have Pluralities of Offices, and more than they are able to serve; yet will be Judges besides.
One good thing is remembred of
Becket Arch-Bishop of
Canterbury, who though he was a Traitor to King
Henry the Second, yet being first by him made Chancellor of
England, and after made Arch-Bishop of
Canterbury, before he would take upon him the Office of Arch-Bishop, he, of his own accord, first surrendred his Office of Chancellor, not thinking it fit for one man to have two such great Offices at once; but they now make St.
Peters Net of so small a Mash; that great or small, all is Fish that comes to it. And first they begin with the Coronation. Office, already mention'd; then the Offices of Legislation in Parliaments; of Legislation in Assemblies; of Legislation in Synods; of Chancellors of State; of Negotiators, of Intelligencers; of Soldiers; of Treasurers; of Almoners; of Temporal Barons; of Masters of the Ceremonies;
[Page 182]of Worship, of Visitors, of Inquisitors, of Confessors, of Penancers, of Excommunicators, of Pardoners, of Absolvers, of Dispencers of Faculties, of Interdictors of Marriages, of Li
[...]ncers of Marriage, of Interdictors of the Press, of Licencers of the Press, of makers of Ministers, of Licencers of Preachers, Curates, Lecturers, Schoolmasters, Physicians, of Consecrators of Churches, of Consecrators of Church-yards, of Interdictors of Burial, of Interdictors to cast out the Devil by Fasting and Prayers, of Licencers to cast out the Devil, and many others; out of each of which they reap gains, yet are not able to serve the least part of them (but let them to Farm to their Spunges, whom they squeeze into their own See) whereas they cannot so much as pretend any Mission from Christ for more than One Office, which is of Teaching
in Season, and out of Season; and would they follow that as they ought, the same would be sufficient to take up the whole man, and leave them little leisure of being Judges of
Marriage, Filiation, and
Succession, or to execute any other Temporal Office.
5.
They are Ambidexter and Amphibious Judges in Spirituals and Temporals.
They cannot deny, that
Marriage, since it was purified by the Protestant Religion from the defilement of being a
Romish Sacrament, and
Filiation, Aliment, and
Succession incident to the same, became meer Temporal matters, and nothing can be more Temporal in it self, or wherein the higest Temporal Rights of Princes and People, of Liberty, of Person and Propriety of Goods, Freehold and Inheritance, are more concerned, than in them: and it being likewise confess'd both by Common and Ecclesiastical Lawyers, That the meer Spiritual Judge, ought not to judg of Temporal matters; neither was there any such Jurisdiction ever pretended to Marriage by the Pope himself; but as to a Spiritual Sacrament, and
in Ordine ad Spiritualia, he by it deposed Kings, and disposed of the Succession of Kingdoms at his Will and Pleasure. Unless therefore a Bishop will affirm, That Marriage continues still a
Romish Sacrament, or that he may, like the Pope, judg of any Temporal matters
in Ordine ad Spiritualia, he hath no pretence or colour of Right to be a Judg of
Marriage, Filiation, Aliment, or
Succession; but let the Right be what it will,
de Facto, he hath got a Spiritual Lord and a Temporal Baron into one Doublet, and produced from thence a monstrous Ambidextrous Jurisdiction with the Spiritual Sword in one hand, and the Temporal in the other, neither Divine nor Humane, nor Fish nor Flesh, but like the Amphibious Crocodile, partly with Tears, partly with Terror, Raving both by Land and Water, and Destroying in both the Elements of Spirituals and Temporals.
6.
They Judg Marriage by pretended Canons and Laws made by Bishops and Synods; which are no Laws but are utterly void; they not having had in their making the Assent of the Parliament.
No
English-man can deny, That to make a Law, are required the joint Assent both of King and Parliament; and if either is wanting, there can be no Law decreed and enacted by any other Convention Ecclesiastical or Lay, whether Council or Synod: And this is so great a Birth-right of the People; That if any House of Commons, who are Elected by the People, and intrusted by them to be their Delegates to treat with his Majesty or his Successors, to enact Laws of
Marriage, and other Laws concerning the same, should consent and agree, That an Act of Parliament should be made, that the Bishops and a Synod should, instead of the House of Commons, have full Power and Authority, on their Convention by the Kings Writ, to treat with the King, and by his Royal Assent to make and enact Canons and Laws concerning
Marriage, Filiation, Succession, Religion, Liberty and Propriety of the People; and such Canons and Laws so made, should have the force of Acts of Parliaments, and the Commons should declare, That to ease themselves of the trouble of so often being summon'd from their remote Habitations in the Country, and so long Journies to the City, and their not being verst in the difficulties of Legislation, or any other probable matter of Excuse, that they desired to refer the whole care of the Publick Affairs to Bishops and Synods, who are Learned men, and they should from time to time, as often as they saw necessary on Summons, make wholesom Canons and Laws for the People; and that the House of Commons desired to be excused from the burden of sitting any more, and accordingly such an Act should be passed, and thereon a Synod be Summon'd, and they should make a Book of Canons concerning
Marriage, Filiation, and
Succession, by the Royal Consent, and these should be proclaimed to be Laws, and to have the force of Acts of Parliament; yet would such Book of Canons be utterly void and of none effect, because in their making there was no Consent of an House of Commons; and the House of Commons being but Delegates themselves, can not Delegate the Peoples Interest in the Legislative to others; for,
Delegatus non p
[...]test delegare, it was an Office of Personal Trust reposed in the Persons El
[...]cted to be Members of Parliament, to treat with the King, and assent to equal Laws in behalf of the People, they could not grant over therefore this Office of Trust to Bishops, or a Synod, or a Council, to treat with the King, and assent to Laws for the People; but every Member of Parliament ought either to refuse to accept of the Election; or if he accept, to serve in Person,
All Books of Canons made by Bishops without consent of Parliament, void. and not by Proxy assign or subdelegate in so great a Trust, as to join in making Laws for the Publick Safety and Peace.
Hence will follow therefore, That all Ecclesiastical Canons and Laws of Synods and Councils, prohibiting Marriage, without Publick Bans or Episcopal Licences, and all Canons prohibiting Marriage in time of
Advent, Septuagesima, and
Rogation, and all Canons prohibiting Marriage
[Page 184]within degrees of Consanguinity and Affinity, not prohibited by the Moral Law of God; and all Canons prohibiting Marriage not made by the Ceremonies of a Priest and Temple; and all Canons of the
Council of
Trent making null and void all Marriages not made before a Priest and two Witnesses, are all in themselves utterly void; for the House of Commons never assented to their making; and all Laws prohibitory of Marriage, being before shewn to be contrary to the Moral Law of God, and to come from the Devil,
P. 52. and it being here shewn that they have no consent of Parliament; such Books of Canons must in both respects be of necessity null and void, as being neither the Laws of God nor Man in
England, but of the Devil; according to which Books of Canons, Bishops therefore Judging of Marriage contrary to the Moral Law of God, and without any positive Law of Man, their Judgment must likewise be void, being according to the Law of the Devil; and such Persons are no fit Judges, who judg according to such Laws.
7.
They take to themselves the Fines and Penalties of their own Judgments.
That the Sole and Final Cause why Bishops so eagerly contest for the Jurisdiction of Marriage, is
Filthy Lucre, is shewn before,
P. 52, 53.
&c. and the same is so great a Pillar of the Kingdom of Anti-Christ, that,
Pope ruin'd where Episcopal Jurisdiction of Marriage is taken away. take but away Episcopal Jurisdiction of Ma
[...]riage, the Papal Power is immediately ruin'd in those Provinces wheresoever it is done. (1.) In regard of the infinite Treasure he heaps hereby, which appears before,
P. 52, 53. (2.) In regard of the Power he gains hereby over Kings and Princes, in assuming to himself the Judgment of
Filiations and
Successions to Kingdoms. (3.) By enticing Princes to unlawful Marriages, contrary to the Moral Law of God, and procuring them to take his Dispensations; for thereby such Prince and his Successors will be in great danger as to his Title, unless he expose his Interest and Religion to obtain assistance from the See of
Rome: which made
Philip the Second, King of
Spain, who Married Queen
Mary, so furious to support the Catholick Religion in the Low Countreys by Fire and Sword, and to make a Law, That none should succeed him in the Government of those Provinces, unless he took an Oath to maintain the Catholick Religion there, and maintain the Authority of the Church of
Rome. And this made Queen
Mary so cruelly furious against Protestants in
England, the Title of her Mothers Marriage, and her Succession, depending on the Popes protection. And wheresoever any Prince is promoted by the Popes Canon Laws, contrary to the Right of Succession instituted by the Moral Law of God, such Prince, to defend his Title against the right Heir by the Moral Law of God, and his Successors, become assured Vassals to the Religion and See of
Rome. (4.) The Pope by procuring
[Page 185]and dispensing Marriages of Catholick Ladies with Protestant Princes, gains a numerous increase of Catholicks in those Dominions, and many times turns the whole Tide to carry Tribute to
Tyber. But to return to the lesser Rivers, the Bishops; 'tis no small stream of gain flows in to them too by such an unjust Power of Bribing themselves to Injustice, by exercising so Arbitrary a Proceeding, as to Fine and Commute what they please, and putting it in their own Purses, which should go to the Publick Treasury.
8.
They License, Dispense and Pardon all Offences against the Law, for Money.
It is to no purpose to make Penal Laws, if the Judg hath liberty to License, Dispense and Pardon Offences against them; and nothing better enables him to do it, than to allow a Judg to Fine or Commute, and to put the Fine or Commutation Money in his own Purse; now the Power of Licensing, Dispensing and Pardoning Offences against the Laws of Marriage, or any other Law, must of necessity so corrupt the Judg, as he will protect and increase the Vice he pretends to suppress. Hence the Popes
Taxa Camerae, and the Bishops Courts, increase more Fornication and Adultery, than a
[...]l the loose Women in the Countrey. They are therefore no fit Judges of Marriage.
9.
They cannot be known whether they are Protestants or Papists, if Bishops.
The Laws of Marriage have a very great influence on all Religions, and in all Nations, but more specially God hath been pleased in
England to make the same the chief means and occasion in the time of
H. 8. of planting the Protestant; it is therefore of very great concern for the Preservation of the same, that the Judges of Marriage be Protestants; and it cannot be known whether they are so or no, if Bishops. (1.) Because the excess of Riches, which the Jurisdiction of
Marriage, Filtation, and
Succession, especially to Kingdoms, carries with it; and all other Profits of a Bishoprick joined therewith, are so great, as may be too much a Temptation to any, unless a Saint by Miracle, to be of any Religion to obtain them; and Christ himself,
Matth. 19 24. makes this Temptation so difficult to be resisted, that he saith,
It is easier for a Camel to go through the Eye of a Needle, than for a rich man to enter into the Kingdom of Heaven; yea he makes a Miracle necessary, for any to obtain Riches and Heaven together; for he saith,
Verse 26.
With men this is impossible, but with God all things are possible. And
Austin, in imitation of this confesseth in effect the same,
difficile, imò impossibile est praesentibus & futucis bonis frui. It is difficult, yea impossible, to enjoy the good things of this World, and of that to come.
Damasus Bishop of
Rome, ende
[...]vour'd to convert
Praetextatus, a great Heathen Ph
[...]losopher, to
Christianity; he answer'd him,
Make me Bishop of Rome,
and I will
[Page 186]turn Christian. And there are too many who say, make me a Bishop and I will be a Protestant. So did the Bishop of
Spalato, in late memory, leave
Italy, while
Paul the Fifth was Pope, because his Ambition was not so high prefer'd as he desired, and fled to
England, and profess'd himself as Protestant, and Preached against the Pope; but when the old Pope was dead, and his Kinsman got into the Chair, being not made a Bishop here, he return'd back again to
Rome, and turn'd Catholick again in hope of great preferment there from his Kinsman: but in stead of the same, they took him and burnt him for an Apostate. There want not likewise in the present time, Examples of those who profess'd themselves Protestants, till not finding there Ambitious expectations satisfied with Bishopricks and other great places, have turned Papists, in hope to find the same amongst Them. (2.) If Frame err not, too many have been promoted to their Bishopricks by the Moyne and Recommendations of Great Catholicks, whose Creatures they were; and how unfit Judges of
Marriage, Filiation, and
Succession to Protestant Kingdoms, such Bishops must be, is left to all true Protestants to consider.
10.
They Judg by Fictions, and not by Truth.
Grant a Judg but liberty to judg by Fictions, he will make what Religion, what Law, what Equity, what Justice he pleaseth; he will be the only God to be adored, and Judg to be feared. He will be like the Pope, the only Proprietor of the World, and justifie his Title to the Sale of Heaven, Earth, and Hell. The Fictions by which Bishops judg Marriage, and the mischiefs which insue by them, have been most touch'd before: As, that Intention of minds, and not conjunction of Bodies, makes Marriage,
P. 83. (2.) That
Sponsa before a Priest in a Temple, is
Ʋxor. ib. & 86. (3.) That
Verba de Praesenti, are
Facta de Praeterito & Futuro. P. 84. (4.) That Children begot by Adulterers, were begot by the Husband, if he was within the Four Seas.
P. 72, 73. (5.) That two Persons are Transubstantiated into one, by the words of the Priest pronouncing them Man and Wife.
P. 66, 67.
&c. That a Child is not Sib or Kin, or of Consanguinity, nor a Child to the Father who begot him, or the Mother who bare him.
P. 14, 15. (6.) There is another Fiction by which they judg, not mention'd before, which is Benediction of the Priest, for it was an old Superstition nursed in the People by the old
Pagan Priests, That their Wives should be Barren, unless they were bless'd by the Priest. Hence the old
Arabians were wont to Swear by God and the Bellies of their Wives; and
Mahomet himself,
Alchor. Cap. 4.
P. 47. teacheth the same as a most Sacred Oath; and Sterility, the greatest Curse to be feared. And though
Jacob teach, That the blessing of Children ought only to be asked and expected from God, and not from Man; and certainly it were in truth the greatest Idolatry to desire or expect that Blessing from the Priest, and were to
[Page 187]make him God, as appears,
Benediction of the Priest on Marriage a Fiction.
Gen. 30.1.
And when Rachel
saw she bare Jacob
no Children, Rachel
envied her Sister, and said unto Jacob,
give me Children, or else I die. And Jacob
's anger was kindled against Rachel,
and said, Am I in Gods stead? who hath withheld from thee the fruit of the Womb? But to infuse the like Superstition into the Hearts of Christians, for the increase of his gain,
Soter Pope of
Rome, decreed, No Marriage should be lawful, without the Parties receiving the Benediction of the Priest.
Plat. Func. And by a Decree in
France, all Children born in Marriages, not blessed by a
Romish Priest, are made incapable to succeed to any Goods of Father and Mother.
Everard. 24. The multitude of Pilgrimages to Saints and Idols, that is to say, to the Priests who keep them, and take the gifts of all they can delude, to ask of them the Benediction of Children, are known, Mr.
Stopford, Paganopap. 111. of this Superstition or Idolatry mentions a noted Example.
Henry the Third King of
France, sent a Princely Gift to the Virgin of
Loretto, viz. a worthy Cup, to obtain Issue Male by her Intercession; a Gift, for substance and work, most excellent; for the Cup it self is of Hollowed Gem, at this day called the
Azure Stone: 'Tis also very big, and intermingled with Golden Veins, the Cover whereof is of turned Crystal set in Gold, and adorned with many excellent Jewels; in the top of the Cover an Angel of Gold doth hold in his hand a Lilly of Diamonds, the Arms of the Kingdom of
France; which Lilly doth consist of three Diamonds joined together in Gold with admirable Art, the Foot of the Cup being Emerald, is bound about and supported with Gold, and beautified with Pretious Stones and rich Orient Pearls; in the bottom of the Foot, the Giver, and the Cause of the Gift, is engraven in manner following:
O Queen, who by thy worthy Son
Didst joyful Blessing bring
To all the World; Bless with a Son
The Kingdom and the King.
Henry III. King of
France and
Polonia,
in the Year of our Salvation, MDLXXXIV.
Certificate of a Bishop false.St.
Germyn, lib. 2.69. raises a Question, Whether if the true Heir is certified by the Bishop a Bastard, as Ten to One if there happen a Contest between two Heirs, but he is; whether he that is of Council with the Adverse Party, may, with good Conscience advise his Client to make Use of this false Certificate of the Bishop, in which, without any Conscience (which he so much pretends) he saith he may; for
[Page 188]these Reasons, First, because it is a Maxime in the Law, That a private mischief shall be suffer'd before a publick Inconvenience; and the publick inconvenience would be, that if the Certificate of the Bishop should not be final, then in this Case if another Writ should be after sent to another Bishop in another Action, to certifie whether he were a Bastard or not, peradventure that Bishop would certifie that he were a
Mulier; that is to say, lawfully begot; and then he should recover as Heir, and so he should in one self-Court be taken for
Mulier and Bastard; for avoiding which contrariety, the Law will suffer no more Writs to go forth in that Case, and suffers all men to take advantage of the Certificate, rather than suffer such a Contradiction, which in Law is called an Inconvenience. The Second Reason he gives, is, because the Certificate of the Bishop is the higest kind of Trial that is in the Law in this behalf.
But with due respect to so grave an Author, whose failings are rather to be imputed to the time of Popery wherein he was born, and writ, than to his Person. In answer to his Reasons alledged, I say, first, to the Maxim, That 'tis better to suffer a private mischief, than a publick Inconvenience, or, which is much like it, is better one man perish than the 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,
[Page 189]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,
[Page 190]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 Year after his being wounded or beaten, punisheth only the Event of an unlawful Act of wounding or beating,
[Page 191]not of lawful; which Event is subsequent, and not preceding to the Act. So likewise the Scripture useth the word
Event, for what follows, and not for what precedes, as
Eccles. 2.14.
One Event happeneth to them all. And
Eccles. 9.2.
There is one Event to the Righteous and to the Wicked. And
Verse 11.
Ireturned and saw under the Sun, that the Race is not to the Swift, nor the Battel to the Strong, neither yet Bread to the Wise, nor Riches to men of Ʋnderstanding, nor yet Favour to men of Skill; but Time and Chance happeneth to them all. Man purposeth, but God disposeth. Events are only in the Power of God.
Ceremonies and Circumstances in this agree.
(1.) That they are both accessary, and not the Principal Acts.
(2.) That when single, they may be neither good nor evil; but when join'd with another Act, they may become either good or evil.
(3.) They may be in some junctures each the Principal, and in other, the accessary Act.
(4.) In some junctures each may be good, in other evil, and in a third neither good nor evil; that is, neither be Ceremonies, nor Circumstances.
(5.) In this Ceremonies and Circumstances agree, that they have been used and abused in all Affairs and Acts, both Civil, Military, and Religious; but I shall here only insist on such Ceremonies as have been abused and compel'd by
Pagan and Episcopal Canons in relation to Marriage.
Ceremonies and Circumstances in this differ.
(1.) Ceremonies and Circumstances differ, That Marriage and other Acts, are impossible to be done without Circumstances, but the same is possible to be done without Ceremonies.
(2.) Ceremonies are always Acts external, and made the objects of the external Senses of Witnesses, and are of no Use in Marriage (but the gains of the Priest) where Witnesses are unlawful, as in Carnal knowledg; or impossible, as in
Filiation, as is already proved,
P. 104, 105. But Circumstances of Marriage may be both external, or internal and invisible. External, as Youth, Age, Sexes, Health, Sickness, Plurality, Unity. Internal and Invisible, as Religion, Conscience, Vertue, Vice, Love, Hatred, and the like. Ceremonies make Acts gawdy, which they call decent, or deformed before men; but Circumstances only make them so before God.
(3.) All Ceremonials are Artificial, and not Natural; but Circumstances may be both Artificial and Natural.
(4.) No Ceremonies in Marriage, are Commanded or Prohibited in the Moral Law of God; but many Circumstances are Commanded, and many Prohibited in the same Moral Law.
(5.) God is the Author of all Natural and Moral Circumstances, which make Marriage lawful or unlawful; but the Devil is the Author of Ceremonies where is no Miracle or sign of Mission from God. And it hath been before shewn, the compulsion to Ceremonies of Marriage came from
Daemons and Priests of
Priapus and
Venus; and such as judg Marriage by such Ceremonies come not from God.
(6.) Ceremony, is a matter of Formality in Judgment, but Circumstance, if any, is the matter of Substance. To conclude, it is a thing so absurd to judg by Ceremonies above Circumstances, and by Formalities above Substance, that never any Lawyer was so shameless to maintain in writing, or lay any such Principle in judicial Proce
[...]dings to be equal, though by the Corruption of Practice, not only in Marriage, but in all things else. The Truth and Substance of Religion and Justice hath been utterly lost and destroyed in an heap of Ceremonies and Formalities, invented only for the gains of such Judges as would for that end with such Empty-nothings pretend to w
[...]igh Right and Wrong. For the Law of man can not make any Ceremony or other matter to be Substance, which the Law of God and Nature hath made an Accident; or make that Moral, which God hath made to be only Ceremonial; or make that Act Good or Evil in it self, or to affect ano
[...]her Act with Good or Evil; for to make Moral Good or Evil, or a Law for it, belongs only to Supream Power.
Isa. 45 7.
I form the Light, and create Darkness; I make Peace, and create Evil. Otherwise he were not Legislator of the World.
Of the manifold Mischiefs which insue by Compulsion to Marry by the particular Ceremonies of a Priest or a Temple.
It is not here affirmed, That 'tis unlawful to Marry by a Priest, or in a Temple; but it is only affirmed, That 'tis unlawful to compel any so to do, by Penalties; and especially by so unjust Penalties, as is done by the Popish and Epls
[...]opal Canons of making Marriages Null, or illegitimating the Children; and that 'tis unlawful for Bishops to judg Marriages Null, or make Certificates of
Ne unques accouple in Loyal Matrimony concerning the Parents, or of illegitimation of the Child, for no other cause than the omission or defect of so frivolous a Ceremony as a Priest or a Temple; and that such affirmance is not without cause, may appear from the manifold mischiefs which follow Compulsion of the same.
(1.) It compels to enter into an indissoluble Obligation, before, the Parties can know each other, whether they are fit for Marriage or no.
Mischiefs of Verbal Espousals, before Real Knowledg.
Proh Deum a
[...]
(que) hominum fidem! quae haec contumelia est? uxorem decrevit sese dar
[...] mihi hodie; nonne opor
[...]et prascisse me ante? nonne Communicatam oportui
[...] Ter. And. 1.
Act. Scen. 5. Oh the Faith of Gods and Men! what a scorn is this? He hath Decreed to put a Wife upon me to Day; should I not first know her? should I not first talk with her? This Custom of Verbal Precontracts, was in ancient time much used amongst the
Jews, and Marriage delayed a long time after, as
Jacob's was with
Rachel, for Seven Years. But the later Rabbles finding many great inconveniences in the same, injoined, if it were at all, the same should be a very little while before the Marriage. In like manner the
Armenians who are of the
Greek Church, Contract and Espouse together their Children at two or three Years old, yea often times the Mothers agree a Marriage between their Children, if one happen to be a Male, and the other a Female, while they are in their Bellies.
Tavernier.
Woman deluded.This Custom of Precontracts and Espousals, is likewise used, though not between Children so young, as with the
Armenians, by the Canon Law, and most wickedly allowed to be a sufficient Cause of Nulling a Marriage Consummate by Carnal knowledg and Birth of a Child, and illegitimation of the same Child of an innocent Person altogether ignorant of such Precontracts.
Vid. plus of Precontract before,
P. 88, 94, 95,
&c.
1. The inconveniences of Precontracts and Espousals is, that when Contracted, the one, especially the Man, delays and deludes the other so long, that one chief end of Marriage, which is prevention of Fornication, is defeated, and many times Women are kept along with Promises all their life time, and the Man in secret finds other Company, and never takes himself the Woman Contracted at the last, nor will suffer others to take her by pretences of Precontracts, and if he release them at last, others will often refrain those so blown on, supposing them repudiated for some secret fault.
Impotent diseased Persons Contracted.2. By Precontracts published by the Priest
in facie Ecclesiae, which they call Marriage, before the real and true Marriage, which is Carnal knowledg, Parties are joined together who are impotent, diseased, unpleasant, or otherwise uncapable of answering the great ends of Marriage, of Procreation of Children, and prevention of Fornication; and then by the Canon Law they are bound to Fast and Pray Three Years together, before by the Spiritual Court they can be untouched again; with such obscene or at least disgraceful Trials and Publications, as the Repudiations of either, is a Dishonour to both; yea many Examples there
[Page 194]have been of modest and vertuous Ladies, who expecting to be Mothers by Marriage, have continued Virgins, to their great inward grief all their Husbands life time, rather than they would make any outward complaint as long as they lived; then, though no impotence or unfitness in Body, yet in Mind and Affection, which is as bad, the Man is
Frigidus, and he Woman is
Calida, as appears in the forementioned Example, especially of
H. 8. and the Lady
Ann of
Cleve.
A young Woman in mans apparel Married to an old, Robs her.3. In Contracts before Carnal knowledg, Parties cannot know of what Sex each other is, or whether they are both Men or both Women. Concerning which, I have been credibly informed, That a certain old Woman being left very Rich in Money by her Husband which was dead, a young lusty Wench plotting how to get her Money from her, apparel'd her self like a Man and wooed the old Chrone, and easily got her good Will to Marry her, and the Marriage was solemnly Celebrated by the Priest in the Temple, and the Female young Husband brought to Bed to the old Wife, and so ordered the business, that she stole her Bags of Money from her, and was therefore Criminally pursued and Executed.
Woman with-Child Contracted, unknown.4. The Husband often times finds the Woman with-Child beforehand, when 'tis
insipientis dicere non Putaram, too late to repent of his Match, and the Priest hath fetter'd them together for better for worse, and no Probation to be admitted to the contrary that 'tis not his Child; of which there are too many Examples not fit to be publickly related. Whereas if no Verbal Contract or Espousal Private in the House, or Publick in the Church, were allowed to be obligatory before the real Contract of Carnal knowledg Consummate privately between the Parties, no Woman could hope to impose such a Deceit, or would dare to expose her self to such a Dishonourable Repudiation at the Will of the Man. The ancient and true Form of Espousal was only on the Mans part to the Woman,
Se post concubitum invitam non deserturum; and the
Duth-man is still so wary, that he giveth not his Woman her
Morgengabica, which is a kind of Dower, or
Munus Nuptiale, until the next morning when he hath had the first Nights trial of her, which from the
Dutch Word,
Morgengab, is called the
Morning Gift. Skene de verb. Sig. tit Dos. It is likewise known, that the
Jew, if he found not his Woman a Virgin, might Divorce her. So may the
Turk, the
Persian, the
Tartar, the
Ethiopian, and all Nations not blinded with Popery, do openly, or put her away secretly, as
Joseph did.
Notice of the Wedding day prostitutes the Bride.5. In Precontracts when the same are known, and the Wedding-day agreed and appointed, then the Woman gives away on a sudden to another what she should have reserved a Week longer for her Husband. There were certain
Oxford Scholars, (who might have been better imployed in their Studies) got some Market-Maids to the Tavern, where
[Page 195]having made them merry with Wine, they taught them what belonged to
Venus, as well as
Bacchus; and one of the Scholars was so good natur'd, as to tell his Mistiess he had singled, after he had performed his Service to her,
That if she proved to be with-Child, and would send him notice, he would take care to provide for it. Oh, Sir, said she,
never trouble your self for that, for I am appointed to be Married within these three days.
Makes Marriage, when made, Mercenary.6. This makes Marriage often times turn from Conjugal Love to be only a
Smith-field Bargain, for a Woman to buy a Stallion, or a Man to hire a Whore. There was a certain Rich Widow who Married a Young Man, having first, to secure her Money, bound him in great Bonds to her Trustees, not to meddle with any thing of hers without their Assent In writing under their hands: The Marriage being solemnized, and both a
deductio in Templum, & in Thalamum performed, she found notwithstanding her Bed-fellow to lie more quietly than she would have had him, for divers Nights together; till at last being deceived in her expectation, she began to chide him for his sleepiness. To whom he replyed,
Do you think I will undo my self, and forfeit my Bonds with medling with what is yours, without Assent of your Trustees in writing under their hands? Whereupon the Widow arose, and fetching the Bonds to him, they were forthwith Cancel'd and cast into Fire. The like is more often done by the Woman, who, like another
Lais, will not sell her self but at an high Rate and dearer to her Husband, by how much the better he loves her; and when she hath him under an indissoluble Obligation, then any else will give for her. Which was the Reason that both Civil and Canon Law made
Donationes inter virum & uxorem void,
ne nimio amore spolientur, I st they should rob one another with too much fondness; and void they ought still to be, and would be, were not the deceitful ways of Trustees too much tolerated
in frandem legis, to set up again the old Mercenary Trade of hiring Whores under the name of Marriage.
7. These Inconveniences produced the shameless Sect of
Adamites,
Adamites. and the almost as bad remedy proposed by Sir
Thomas More in his
Ʋtopia; and what is mention'd by Sir
Francis Bacon in his new
Atlantis of
Adam and
Eves Pool, where he would have those who inted to Marry,
Adam and
Eves Pool. first to have a naked interview. And that of
Sforza,
Sforza is refused to have a Lady seen naked before Marriage. who when he would have Espoused
Dorothy the Daughter of
Lodowick Duke of
Mantua, to his Son, he demanded that certain Physicians, whom he should appoint, might first see his Daughter naked; which Duke
Lodowick refused, as appears,
Tiracq. lib. 4.
de Connub. Contr. Philip. dec. & Francis Aret. Consil. 142. who held, That the demand of
Sforza was just, and the denyal of
Lodowick, injurious: a fit opinion for
Aretine, but for no modest Lawyer or Physician. Surely God never commanded these Precontracts,
[Page 196]nor these
Adamite Interviews;
Marriage to be private and unknown, except to the Parties themselves.
Con-Thalamation before
Con-Templation. for after
Adam and
Eve were Married, as soon as they understood themselves they got Fig-leaves to cover their Nakedness, and
Nox & amor, Night-shades and secret places by Nature joined them, rather than the sight of the Sun. It is more warrantable therefore as to Precontracts, to follow God, who never commanded them, but Popes and Priests who keep them up for their filthy Lucre, and far more modest is it to make Marriage-Contracts
in Thalamo, than
in Templo.
‘Conscius omnis abest, nutu signis
(que) Loquuntur.’ and the same Poet gives as good further Councel to either,
‘Si piget in primo limine, siste pedem.’ the Woman may rise up
illaesa Virginitate; and
illaeso pudore; and as
Boaz bid
Ruth, Cap. 3.14.
Let it not be known that a Woman came into the floor. But
Si in hoc Convenimus ambo; and they agree so well, that Conception follows, and a Child is born, were there neither Priest nor Temple within an Hundred Miles, yet it appears God was there who gave Birth to the Child; therefore as they will answer it before him, this Marriage is indissoluble by Pope or
Caesar, or any humane Power. I conclude therefore, Marriage ought by the Law of God to be Private and not Publick, and
Conthalamation ought to be before
Contemplation, if the Parties have any Contemplation at all.
(2.) It gives the Bishop the Monopoly of all Women, and their Goods.
For he claiming to be Judg of Marriage and Divorce above Appeal, the greatest part of the Year and fittest for Marriage, they cannot Marry without his License, for which they must pay Money: and when Married, they lie at his Mercy whether he will part them again or no; for what he doth, there is thence no Appeal; if he do admit them to live together and death part them, yet no Jointure, no Divorce, no Thirds, no Aliment, unless he will vouchsafe his Certificate, for which they must pay Money; and this they get if they obey his Canons, and are Married by a Ceremony of a Priest in a Temple; if they come not to yoak themselves by his Ceremonies, then he calls them Whores, and exacts from them Money by Penance, seeing they would give none for Fees, and sets what Rates and Taxes by Fees or Penance as he pleaseth; so by his Power of Compulsion to this Ceremony, he Levieth his Rents on Obedients and Disobedients, and sheers both his Sheep and his Goats by having the Power of Compulsion of them to this Fold of his Temple; and without it, the same could not be done.
(3.) It gives him the Monopoly of Successions both in Private Families and Kingdoms.
For he claiming to be Judg of Children as well as Parents, above Appeal, they all lie at the mercy of his Judgment, no Right of Primogeniture, no Filial Portion, no
Rationali parte, no Hotch-pot, no
Collatio bonorum, no Aliment can be had although they starve, unless he vouchsafe his Certificate of what he knows no more than the man in the
Moon: Yet could he not exercise this Power over the Children, had he not Power to compel the Parents to this Ceremony of their Marriages of a Priest in a Temple.
(4.) It gives him Power to Judg of Marriage, Filiation, and Successions, by Fictions.
How great and how wicked the Power of Judging by Fictions is, hath been before mention'd; and the Primary Fictions enumerated, (1.) That intention of mind, and not Conjunctions of Bodies, makes Marriage,
P. 83. (2.) That
Sponsa before a Priest in a Temple, is
Ʋxor, ib. & 86. (3.) That
Verba de praesenti, are
Facta de Praeterito & Futuro, P. 84.
The Secondary Fictions and damnable Mischiefs which ensue out of these Primary; for as
uno absurdo dato mille sequuntur; So
uno Falso dato mille sequuntur, have been likewise before mentioned and shewn at large. (1.) That if a Man deflower a Virgin with whom he may lawfully Marry and get her with Child, or hath many Children by her, that he may notwithstanding desert her and Marry another by a Priest in a Temple, deflower'd or begot with Child by another Man; and the latter, and not the first, is his Wife and Child.
P. 88, 89. (2.) That a Child is not
Sib or Kin, or of Consanguinity, or the Child of the Father who begot, or the Mother who bare him, or they of him,
P. 154, 155. (3.) That by the pronunciation of the words by the Priest, that the Man and Woman are Man and Wife, the Man is transubstantiated into the Woman, and the Woman into the Man, and two Persons into one Person; and the multitude of mischiefs incident to this Fiction of Transubstantiation are shewn at large before.
P. 66, 67,
&c. But 'tis Compulsion to the Ceremony of Marriage by a Priest, and in a Temple, is the
Causa sine qua non; neither the said Primary or Secundary Fictions could be made, nor could any of those manifold mischiefs before mention'd, ensue from them; and if dissentients in Conscience, and differents in Convenience, had but that liberty permitted, which by the Moral and immutable Law of God they ought to have, to Marry without
[Page 198]the Ceremony of a Priest in a Temple, the Bishop could not inslave themselves and their Posterity, their Religion, Liberty, and Propriety, to his worse than Arbitrary Judgment, to a False Judgment, a Lying Judgment, a Judgment by Fictions, had he not the Power to compel them to this Ceremony of a Priest and a Temple. So that were there nothing else to be said against this Compulsion, but that it causeth so great a mischief as Judgments by Fictions, it were enough to make it abhor'd by God and all good men: For grant but one Fiction in Religion, it will Spawn a Thousand Heresies; and grant but one Fiction in Judicial Proceeding, it will Spawn a Thousand Oppressions; and let the old Serpent but get in his Head, he will draw in his whole Body;
à Vero non declinabit Justus, Justice comes from the God of Truth, and not from the Devil who is the Father of Lies.
(5.) It causeth in the Rich Excess, and Vanity of Apparel, Tilting, Turneaments, Masking, Gluttony, Ryot, and Drunkenness.
When there is a Marriage intended by a Priest in a Temple, the Bride is drest like a
Bartholomew-Baby, or one of the Popish Saints, to be the Idol of the Place, then no Text shall be Preached on, but
her Clothing is of wrought Gold; though far better Doctrine and more proper for such an occasion doth offer it self.
Isa. 3.16. And 1
Pet. 3.3.
Whose adorning, let it not be that outward adorning of plaiting the Hair, and of wearing of Gold, or of putting on of Apparel. The
Turk in his Frugality may rise in Judgment against Christians; for one Christians Wife costs him more than Ten Wives of a
Turk; which kind of Luxury first corrupts the mind,
Nil non permittit mulier sibi, turpe putat nil
Cum virides gemmas collo circumdedit, & cum
Auribus extensis magnos suspendit elenchos.
and corrupts and effeminates the State, by exhausting the Treasury in
Faeminine, which is necessary to be bestowed in Military Ornaments and maintenance.
Seneca saith, That Women would wear too rich Inheritances at their Ears. And it is related of the Daughter of a Proconsul, That she wore at one time in Apparel and Jewels the value of Three Millions of Crowns. This Vanity is by many attributed to be one of the chief causes of the decay and ruin of the
Roman Empire. I should but trespass on the Readers patience to recite the excessive Costs particularly, and the profuseness of Princes and great Persons, in Masking, Tilting, Tuneaments at publick Weddings, in one whereof a
French King Tilting in Person was kill'd by the casual running of a Splinter
[Page 199]of the staff of the Lance into his Eye; as likewise to describe the Gluttony, Riot and Drunkenness accompanying Marriage-Feasts, they being all notorious.
(6.) It undoeth the Poor in their Marriages.
The chief times of the Year seasonable for Marriage of
Advent, Septuagesima, and
Rogation, it deprives the Poor of the use of Gods Ordinance; for they are neither able to lose their days labour to travel to the Court, nor to expend the Money necessary to pay for a License to Marry; and when Married publickly by a Priest in a Temple, the expense of new Cloths for Man and Woman, the Wedding Dinner, the Barrel of Beer, the Bridale-Night, the Baptizing of the Child, the God-Fathers and God-Mothers, the Gossips, and Churching the Woman Falling all within the compass of the Year, most commonly bring the Poor man so far in Debt, that he never recovers out of it as long as he lives.
I was informed of a certain Poor Man, who intending to be Married, agreed the day with the Minister and Clerk, and accordingly on a Prayer day, he and the Woman came to the Church intending to be Married, and came up to the appointed place in the Body of the Church, where the Minister reading first the Form prescribed of the Institution and Ends of Marriage, before he joined their hands to Contract them, the man to be Married laid his Money on the Ministers Book, that he might proceed to Marry him; which the Minister refused to do, unless he would give him more Money than there was; the man answer'd There was all he had, and prayed him to accept thereof; the Minister peremptorily refused (unless he made up the Price) to Marry him; the Poor man seeing no remedy, took up his Money again, and he and his Woman returned to his House without any joining or Benediction of the Priest; and whether he had a Malediction I cannot tell, but at Night the Couple that were thus Churched and not Married the Ceremonial way, went to Bed and Married themselves the Real way; which though contrary to Episcop
[...]l Canons, yet no Bishops can shew to be contrary to the Moral Law of God; but every one can shew that Laws of compulsion of a Poor man to marry by the Ceremony of a Priest, and giving liberty to the Priest to refuse to Marry him, unless he pay him more than he hath, are contrary to the Moral Law of God; for this is prohibiting to Marry, and a depriving of the Poor of the Use of Gods Ordinance, which is already proved to be the Doctrine of Devils.
(7.) It causeth immadesty in Brides, wanton Songs and Ceremonies, premiscuary Dancing, and corruption of Youth.
How modest Nature is in the State of Innocence, appears well in the expression of a Vertuous young Lady, a Virgin, who said, She wondred how any Woman could have the face to go openly to Church with a Man; and the Custom of most Nations not to suffer any Woman to appear in Publick without a Veil, manifesteth the same: Yea,
Mahomet himself forbids Women to expose themselves to publick view, for thus,
Alch. Cap. 33.
P. 262. he represents God speaking to him; Oh Prophet, speak to thy Wives and thy Daughters, and the Wives of True Believers, that they cover themselves with Veils. And
Cap. 24. Speak unto the true believing Women, that they retain their Sight, and that they be Chast, that they suffer nothing of their Beau
[...]y to be seen but what ought to be seen; and that they cover their Bosome and their Visage, that they permit them not to be seen but by their Husbands, their Children, the Children of their Husbands, their Brothers, their Nephews, their Sisters, their Women, their Daughters, Maid-Servants, and Slaves, their Domesticks that are not capable of Marriage, and Children that regard not the Beauty of Women. And this publick exposing of Virgins in their Marriages to be the Gazing-stocks of the multitude in a Congregation, seems likewise against the precept in Scripture, 1
Cor. 11.10.
For this cause ought a Woman to have Power on her Head, because of the Angels; which is interpreted, covering on her head; and is likewise prohibited by Christ,
Matth. 5.28.
Whosoever looketh on a Woman to lust after her, hath committed Adultery with her already in his Heart. If it be therefore Adultery to look on a Woman to lust after her, then is it a Temptation to Adultery to expose her who is to be another mans Wife to the publick view of the whole Congregation in all the dress of Temptation whereof Beauty can be capable.
Qui videt is peccat, qui non te viderit ergo
Non cupiet, Facti crimina lumen habet.
Propert. lib. 3. Eleg.
Who sees thee Sins; who not, doth neither hate
Nor love thee. Light hath all the Crimes of Fate.
Why it is not more modest therefore for Virgins to Marry
in Thalamo, than
in Templo; appears not.
I shall recite not here the particular wanton Songs and Ceremonies which are used with us and in other Nations, by reason of this pompous Ceremony of leading the Bride to the Priest and Temple amongst a
[Page 201]Rout of Boys, for whom between her Banning and her Churching it is asufficient sport a Week after; lest the same should cause, what I endeavour to avoid, the Corruption of Youth; and shall only here mention the grave Admonition of a Poet concerning the same.
Nil dictu foedum visu
(que) haec limina tangat,
Intra quae Puer est, procul hine procul inde Puellae.
Lenonum & Cantus pernoctantis Parasiti,
Maxima debetur puero reverentia siquid
Turpe paras, nec tu pueri contempseris Annos.
Juvenal.
(8.) It exposeth to publick view, what God hath commanded to be secret; and ridiculously appointeth ocular Witnesses of what is invisible, and neither lawful nor pussible to be seen.
Of this,
Vid. P. 101, 104. before.
(9.) It causeth Community of Women, Community of Children, Fornication, Adultery, Stews, Brothels, and the dissemination of most contagious and deadly Diseases amongst the People.
As to Community of Women, it is manifest, that the Canon of the Council of
Trent, which nulls all Marriages except before a Priest in a Temple, and the Certificates of Bishops and Penance, gives a general License for Money, either the
Taxa Camerae of the Pope, or the Commutation Money of the Bishops, to have all Women common: for by decreeing no Marriages shall be of Validity, except with a Woman brought before a Priest and a Temple, they null and dissolve all Marriages made by the Moral Law of God, and the Obligations of them; whereby if any man lie with an Hundred Women, and get them with Child, if he hath been so cunning as not to lead any of them to a Priest in a Temple, there is no obligation on him to own any of these for Wife or Child, in regard the Moral Law of God is abolish'd by the Papal and Episcopal Canons, and made of no effect by their Traditions and wicked Customs; and the Party is left free to lie with as many more, and to have common amongst them
Sans nombre, if he will but give them Money for their Hire, and the Bishop Commutation Money; and what is this but to have Women common to the Rich, and to exclude the Poor who have not Money, from having any? But this would be prevented, if the Bishops would, as they ought to do, compel the man who gets a Virgin with-Child, to marry her according to the Moral Law of God, and the express Precept of Scripture,
Exod. 22.16.
If a man entice a Maid who is not betrothed, he shall surely endow her to be his Wife. Which enticement is as well intended by Money, as Wantonness, and the Law the same, as well in case of Force or Rape, as enticement,
[Page 202]but more Penal.
Deut. 22.28.
If a man find a Damsel that is a Virgin which is not betrothed, and lay hold on her and lie with her, and they be found, then the man that lay with her shall give the Virgins Father Fifty Sheckels of Silver, and she shall be his Wife, because he hath humbled her, he may not put her away all his days. This is the clear Moral Law of God, and the clear Texts of Scripture, and there is by them laid an indissoluble obligation on the man according to the old Form of Espousal,
Se post Concubitum invitam non deserturum; and if there is a Child born, by reason of the further Obligation of Parents laid on them by the manifest Act of God, it is not in the Power of these Virgins who are now become Mothers, will they, nill they, nor of any human Power, to dissolve that which the Divine Power by giving birth to a Child hath once established. But Popes and Bishops are so far from compelling these deflowrers of Virgins, to Marry then and these begetters of Children to acknowledg them according to this most clear and just Law of God, and according to the Obligations both
Ex Contractu Reali, which are the lying with them and getting them with-Child, and
Ex Malesicio Reali, which are the same, that they like the Giants who would storm Heaven, (Oh Hellish presumption!) Level all the Canons they have, against the Divine Laws of God himself, and with them tear in pieces all Obligations laid by them of Husbands to Wives, and Fathers to Children, that Women may be in common, and Children in common,
Nullius Filii Populi Filii; confounding Heaven and Earth, and all Divine and Human Rights, and subverting the course of Nature as far as they are able, to obtain to themselves the inexhaustible Treasure and invincible Power over Princes and People, over Emperors and Kings, incident to the Jurisdiction of
Marriage, Filiation, and
Succession.
But how easily are these Giants quell'd, and all the mischiefs ensue, by their letting the World loose to Community of Women, and Community of Children. (1.) 'Tis but to give liberty to those who Marry, to Marry according to the Moral Law of God, and to free them from compulsion to the Ceremonial Law of a Priest in a Temple. (2.) 'Tis but to give Power to the Temporal Judges and Magistrates to compel such as have had Children by Virgins, and desert them, to acknowledg those Virgins, according to the clear Texts of Scripture, to be their Wives, and not to leave them and their Children in common; which ought to be their inclosed Propriety.
Whence would ensue, that if any man saw, that whatsoever Virgin he did first touch, he should be compell'd to take, he would follow the Poets Counsel.
[Page 203]
—Multis è millibus unam
Elige, cui dicas tu mihi sola places.
Ovid.
He would certainly choose, unless corrupted by Money, one whom he liked above all others; and having so fair a Garden inclosed of his own choice, he would be the more unlikely to run to graze in a Common; or if be should, he might find his expectation much deceiv'd: for the same Justice having been done by the Magistrate on all others as well as himself, he would find no Common to run in, but every Quillet inclosed; nor should a single Woman be let, would she take him where another had Right, to claim him. As to Fornication, Adultery, Stews, Brothels, how great a cause the compulsion of Publick Appearance in Marriage before a Priest in a Temple by prohibition of Private Marriage, is, the same is shewn already before,
P. 107, and as to the dissemination, by Fornication, Adultery, Stews and Brothels, not only of that
miserabile scortorum flagellum, the
Lues Venerea, the inseparable concomitant of those Vices and Places, but likewise of all other Epidemical contagious and deadly Diseases amongst the People, the same is notorious, but Episcopal Courts get as much by the Dead as the Living, and more by the Vicious than Vertuous. It is their Interest therefore to continue it so long as they can.
It will be objected against the giving Power to Temporal Magistrates, to compel every Man who hath a Child or Children by a Virgin, to acknowledg her for his Wife, and her Children his, on Probation made of the Fact, that 'tis impossible if Marriages are tolerated without a Priest in a Temple, or a Justice of Peace in his Hall or Banns, at the Church or Market-Cross, to have Witnesses or any other Testimony or Evidence of the Fact, unless the Magistrate should give Sentence, as the Bishop doth, without Probation.
To which is answer'd, First, That Toleration of Private Marriage without Publick Witness of Priest or Magistrate, is no denial of liberty to those who desire Publick Witness of their Contracts of Marriage; no more than the Toleration of passing Lands by Livery and Seisin
in Pays, is a denial to pass them by Fines and Recoveries, or other matter of Record, which is publick Testimony; but Parties may use one or the other, or both, as they desire and think suits best with their Conveniences; but that which is here press'd, is, that no Mans Christian Liberty be infringed, nor he be compell'd to make publick Witnesses either of Priest or Magistrate, but be left free, where God hath not prohibited him, to do as best suits with his own Conscience and Convenience, without unjust Penalties laid on himself, his Wife or his Children, for omission of a Ceremony never instituted by God, but full of great danger
[Page 204]and mischief to many, though not to all, whose Consciences and Conveniences are not alike, but of different States, as is already before shewn,
P. 108. especially between Poor and Rich; for the Poor need neither Writing nor Witnesses for Portions or Jointures, as perhaps the Rich think themselves to need.
Secondly, Parties that desire Witnesses, may, no question, have better Witnesses at their own Home in Private, and with less inconvenience, as well for Contract of Marriage, as they have for all other Civil Contracts; than a Priest in a Temple, or Justice of Peace in his Hall, or Bishop in his Cathedral, or ony other Publick Officer whatsoever; and one of the
Jews ways, which was never question'd, but lawful and convenient was, to Marry by written Instruments of Contract without Priest or Temple.
Thirdly, Though Parties that Marry have neither Witness Publick or Private, yet they have Power, if they can Write, to give a Note in Writing one to another; or if they cannot, to give such secret Tokens or Pledges, as without Witnesses, will be sufficient to evidence their secret Congresses when their happens any necessity, as
Judah when he went in to
Tamar his Daughter in Law,
Gen. 38.18. He said,
What Pledg shall I give thee? and she said, Thy Signet and thy Bracelers, and thy Staff that is in thy hand; and he gave it her, and came in unto her, and she Conceived by him; and after, being accused of Whoredom,
Verse 25.
When she was brought forth she sent to her Father in Law, saying, by the Man whose these are, am I with-Child; and she said, discern, I pray thee, whose these are, the Signet, and Bracelets, and Staff: and
Judah acknowledged them.
Fourthly, If the Law were made, as it ought to be, That Private Marriage without Witness, and Procreation of a Child, between two Persons not prohibited by the Law of God to Marry, should be a Civil Act
Sine poena aut infamia, and not a Criminal, as it is unjustly made in the Bishops Courts; if done without their Ceremonies of a Priest in a Temple, the Proceeding of a Temporal Judg would be then Legal, and according to the ordinary course of Justice, (if a Woman came before him and first took her Oath, that such a man had her Virginity, and that the Child she hath is his Child) to put the man to his Oath concerning the same; for this is then no Oath
Ex Officio, nor Self-accusation of a Crime, when the Fact is made no Crime, and is no other than like an Oath of discovery of a Civil Contract in Chancery, or Wager of Law, of No Debt, or Non-Summons at Common Law, and only gives the Woman and her Child the Civil Benefit to be in as good a State and Condition, as if she had been Married by the Ceremony of a Priest in a Temple, and no farther; and this without Penalty to the Father, who being put to his Oath, if he deny not what is alledged
[Page 205]against him, nothing is more just than that he should be compell'd (if he refuse) to acknowledg the Woman to be his Wife, and the Child his Child.
Fifthly, when once it were known that the Magistrate had a Legal Power to perform this, he would be rarely troubled concerning any secret Marriage; but every man concerned in the same will be careful so much the more to perform the duty both of an Husband and Father in a Secret than a Publick Marriage, by how much the more he desires to keep it secret.
(10.) It causeth Prostitutions of Brides to Priests, Lords, Guests, and others.
Examples of this in Priests are before shewn,
P. 53, 54. of Lords,
P. 24, 25.
Sabellicus reports of the like Custom amongst the old
Carthaginians; the like was amongst the ancient
Scots, Persians, Ʋri Swiss, under-Waldensians, Moors, and others; all which wicked Customs had been easily prevented and avoided, had not the People been compell'd to Marry by the Publick Ceremony of a Priest and a Temple.
(11.) It caused the Consecration of Incest, Whores and Sodomites, to attend the Service of the Priests and Temples.
The way of Consecration of the
Persian Magi, by lying with their Mothers, Sisters, and Daughters, is before toucht,
P. 44. and the way Pope
Alexander obtained his Holiness, seems not much to differ from the
Magi, by the Epitaph of his Saint,
Hoc jacet in tumulo Lucretia nomine, sed re
Thais,
Alexandri Filia,
Sponsa, nurus.
The Consecration of Whores and Sodomites, whom, the Priests let to hire in the Temples and Groves for their gain, was so common amongst the old
Pagan Nations, that the
Jews made Use of the word signifying a Person Consecrated, to signifie a Whore and a Sodomite, as the
Hebrew word
Kadash, Jos. 2.1. is translated in
English, Harlot, and
Rahab is so called; and 1
Kings 14.24. the same is translated
Sodomite; yea at this day the Devil, under the name of Holiness, so much possesses the
American Priests of
Pegu, that they keep in the Temples Consecrated Sodomites, to make gains of them to the Priest, who are esteemed by the People most Sacred. Oh to what height of wickedness doth the Devil draw people, where he makes the Priest his Instrument to counterfeit Holiness with their Ceremonious Fopperies of Consecration, and bring the same into a Temple with the Name and Doctrine of being Sacred. The
[Page 206]same was done amongst the
Greeks, a wise Nation, and by a wise Legislator of theirs, even
Solon himself; yet did the Devil and Priest delude him under the name of Holiness; for he caused by his Laws, as a Fundamental of Government, to begin his
Magna Charta with the Privileges of the Holy Church, and to that end he appoints a Temple to be Dedicated to
Venus, and Priests to be Consecrated, and Sacrifices instituted; and to be well govern'd by the Priests, he stocked the Temple with a multitude of Consecrated Whores, to be let to hire to increase the Priests Profit and Pleasure; and this Holy Church he endowed with great Revenues and Privileges. There were the like Holy Churches filled with the like Holy Sisters at
Ephesus, at
Corinth, and
Abydos, and so great veneration they were in amongst the People, no doubt, by the many pious Sermons of the Priests, what Miracles these Female Angels could do, that they attributed the whole overthrow of
Xerxes, with his almost innumerable Army, to the Holy Prayers of these Consecrated Whores, in their Temples or Stews, to their Goddess
Venus. Here Whoredom for the gains of the Priests and Temples is Consecrated, and believed not only by the grosser sort of People, but by the chief Princes and Governour, to be a Thing most Sacred.
And is not Adultery with us, more wickedly than Fornication amongst the Heathen, Consecrated by compulsion to the Ceremony of a Priest in a Temple? It is; for if
A. get
B. with-Child, and deserts her, and
C. get
D. with-Child,
Adultery Consecrated under the name of Marriage. and deserts her, and
A. gets the good will of
D, and
C gets the good will of
B, and the two Women being both with-Child, and both deserted, grow more politick to prevent after desertions, and tell their new Courtiers peremptorily, that they shall expect no farther favour from them until they lead them before a Priest in a Temple, and Marry them there; now the only lawful way had been for these two Women to relieve themselves against their unjust Desertors, that a Magistrate had a Legal Power on complaint of the Women injured, to compel each Desertor to acknowledg his proper Wife and Child; but they take here a course to leap out of the Pan into the Fire, and to cure or cover a lesser Evil, by committing a greater, and go to Church to commit Cross-Adultery, and Cross-Marry, one the Man who had got the other with-Child, and the other the Man who had got the first with-Child; and the Priest accordingly joins them, and contracts and pronounces each Couple Man and Wife, and gives his Benediction; is not here Adultery Consecrated under the name of Marriage, and false Wives given to false Husbands, and false Children to false Fathers? and this Consecration of Adultery makes it so indissoluble, that no Probation shall be admitted to the contrary, either for Husband or Wife, or Father or Child. Certainly this is far worse than any Consecration of Fornication amongst the
Pagan Priests of
Priapus or
Venus. Well doth
[Page 207]
Arnob. contra gent. therefore say, Where are Whoredoms more committed than by Priests in the Temples, and by the Altars? where are Uncleanness more practised, and Adulteries more meditated? Lastly, burning Lust is more frequently discharged in Chancels, than in Brothels. I shall only add a word from a Poet concerning the
Romish Clergy,
— Nulla hic Arcana revelo,
Non ignota loquor, liceat vulgata referre;
Sic urbes populi
(que) ferunt, ea fama per omnem
Jam vetus Europam mores extirpat honestos
Sanctus ager Scurris, venerabilis Ara Cynoedis
Servit, honorandis divum Ganymedibus aedes.
I had not defiled Paper with so much of their Filthiness, had not this
Romish Ceremony of a Priest and a Temple so far besotted the Senses of many ignorant People, as they imagine Marriage made by a Ceremony of so unclean an Original, and causing so great and abominable Uncleanness, should make a Marriage more Holy, than one made without it according to Gods own Holy Ordinance in his Moral Law.
(12.) It caused the Consecration and Adoration of
Priapus, Baal-Peor, Venus, Adonis, and
Flora, for Gods and Goddesses, and was the first which defiled the Virgin-World with Whoredom and Idolatry.
The World in its Primitive Innocence kept all Wives secured under the Custody of their Husbands, and all Daughters under the Custody of their Parents; the strictness of which appears to this day in many
Southern and
Eastern Nations, till the Priests of
Priapus and
Venus, for they were the most ancient of which any Histories speak; and as
Cornelius Agrippa mentions, none were to be admitted Priests who were not first initiated in the Mysteries of
Priapus. These therefore could not pretend to be Priests, unless they had a God or Goddess to whom they might pretend to Sacrifice and Serve, and become mediators to present the Prayers of the People; a God they could not have, unless they made an Idol; and an Idol they could not have, without a Temple to secure it, and their rich Offerings, against the Spoil either of Thieves or Weather: So the Building of Temples was the first means of setting up Idols, and the setting up Idols the first means of Consecration and Adoration of them, for Gods and Goddesses; and to draw a Conflux of Worshippers, there was no better way of Temptation of the Men, than by the Women; and of the Women, than by the Men, and of both them, by Feasting with Sacrifice,
[Page 208]Musick, Dancing, Dalliance and Whoredom; whence so frequently Idolatry in Scripture is called
going a Whoreing after Idols: for indeed the Priests became thereby the Pandars-General, as
Cornelius Agrippa calls them, by drawing Women to their Temples both for Marriages and Whoredoms, and first made them offer their Virginities for Sacrifices to their Idols and Priests, before this Spiritual Court of theirs would give them Licenses to Marry; for which, as now, they compell'd them to pay their Fees; and to colour this Uncleaness the better, they Consecrated those impure Gods and Goddesses,
Priapus, Baal-Peor, Milcom, Adonis, (whose Worshippers were the same the Scripture calls the
Mourners for Tamuz)
Venus and
Flora, and instituted to them Sacrifices and Adorations, as the most Sacred and Potent Deities; and though the
Feminine part of the World remained then in the strictest Custody, whether Wives or Daughters, which in the first is allowed and commended even by the wanton Love-Poet himself,
Nupta virum timeat, rata sit Custodia nuptae;
Hoc decet, hoc leges, jus
(que) pudor
(que) jubent.
Wife fear thy Husband. Let thy Wardship stand,
'Tis fair; this Laws, Right, modesty command.
Neither had it been possible to have undermin'd in the Worlds Infancy those strong Fortifications of the Modesty of Wives, and Chastity of Daughters, had not the Magical Priest and Devil both conspired to have charmed them out of the holes of their Rocks with the Songs, Musick, Dancing and Festivals of Sacrifices, under the pretence of the command and service of these Sacred and potent Gods before mention'd, to the Publick places of Sacrifice and Temples; where when they once had them, they did with them what they pleased, sometimes in their Mattens and Vespers by day, and sometimes in their Vigils by night, and by degrees brought them first by Inticements, and at last by Compulsion, not to Marry without a Priest in a Temple.
(13.) It first destroyed in the World the Omnipresential Worship of God.
In all the times before
Moses, except amongst Idolaters, there was no Publick Temple built for the Worship of God, nor Tabernacles; nor do we find any publick Conventions of Worship, except as aforesaid; yet were those Times full of men Famous for Piety,
Abraham himself,
Gen. 21. planted a Grove to call upon the name of the Lord, which was for Privacy, and not to be Publick, the dwelling in Tents not affording that convenience of Secrecy which Christ commands of Prayer
[Page 209]in the Closet, and he went to an Hill alone to Sacrifice
Isaac, and would not so much as suffer one Servant to go with him,
Gen. 22.5. And in old time they called every high Hill which afforded the benefit of Privacy of Prayer,
the Hill of God. And Christ himself,
Matth. 14.23.
When he had sent the multitude away, he went up into a Mountain apart to Pray, which was for Privacy, and he compell'd not the multitude to Pray with him, nor so much as any Disciple; for it is said, when the Evening was come he was there alone; but both Groves and High-places, which were by Priests Consecrated for publick Conventions of Men and Women to Worship Publickly, are commanded in Scripture to be destroyed,
Levit. 26.30.
Hos. 10.8.
Amos 7.9.
The first who built Temples were the old
Egyptian Priests, which they Dedicated to
Priapus, and drawing Women thither by Consecrated Whoredom, thereby instituted the same the places of Publick Worship as well as of Marriage. The next was
Cecrops King of
Athens, who first in
Greece instituted Marriage by a Priest in a Temple, and with the same brought in the Publick Worship of Idols and Altars, and Sacrifice for them; whereby People were drawn from the Private and Omnipresential Worship of God, to Marry and Worship Idols in Temples, for the Gains of the Priests: yet even amongst these Idolaters, the wiser sort, though Heathens, understood these Pontifical Impostures, but durst not speak against them; as neither did
Plato nor
Aristotle,
Heathens believed the Omnipresence. being warned by the Fate of
Socrates, though they many times express'd themselves, that they believed the Omnipresence of God. One desiring
Demonax to go into the Temple of
Esculapius to pray for the health of his Son,
Is he so deaf, said he,
that he can hear no where but in a Temple? Eras. lib. 8. Apopth. And
Eratus the
Greek Poet, whom
Paul cites, speaks thus of Gods Omnipresence,
Plena sunt Jovis omnes Plateae, Omnium etiam hominum Fora; plenum est & mare, Pleni sunt & Portus; ubi
(que) Jove fruimur; omnes Hujus enim genus sumus. So the great
Latine Poet,
Virgil Eclog. 3.
—Jovis omnia plena,
Ille colit terras illi, mea Carmina curae.
Jove keeps the Earth, all things full of him are,
And he even of my
Verses taketh care.
Cato after the overthrow given by
Caesar to
Pompey, of whose Party he was, being advised to consult with the Oracle of
Jupiter Hammon what course he were best take; Answers thus,
Estne Dei sedes nisi Terra & Pontus, & Aer,
Et coelum & virtus? superos quid'quaeritis ultra?
Jupiter est quocun
(que) vides, quocun
(que) moveris.
Lucan.
Is Gods Seat other than Earth, Sea, and Air,
And Heaven and Vertue? why do you despair,
And seek beyond? who wheresoe're in these
You go or see, there to be found doth please.
It is not here affirmed, (as is already said) That 'tis unlawful for any to Marry or Worship by a Priest in a Temple, or in a Publick Convention; but it seems unlawful to compel any whose Conscience is dissentient or doubtful; and that the Scriptures and Christ are so far from Compulsion, that where Parties are not agreed, they forbid so much as two or three to convene, as
Amos 3.3.
Can two walk together, except they agree? and though they do agree, yet single Prayer in private seems to be prefer'd, as appears by what follows.
Prayer in Temples and Synagogues forbid by Christ, and a distinction of the Place of Prayer and Preaching Commanded.
There is as little encouragement given by the Prophets in the Old Testament for Sacrifices, Altars and Temples, as there is by Christ in the New, for Prayer and Sacrament in Synagogues and Temples
Jer. 7.4.
Trust ye not in lying words, saying, The Temple of the Lord, the Temple of the Lord, the Temple of the Lord these are. Hos. 8.14. Israel
hath forgotten his Maker, and buildeth Temples. Revel. 21.22. There was no Temple in the New
Jerusalem, nor was there any Temple in the Earthly Paradise more than in the Heavenly, yet was Marriage instituted by God. But hear next what he, who saith,
Matth. 12.6.
here is one greater than the Temple, will say of Prayer in Synagogues which were the
Jews Parochial Churches, and Temples which were the Cathedrals.
John 4.21. Jesus talking with the
Samaritan Woman, saith unto her,
Believe me, the hour cometh when ye shall neither in this Mountain, nor in Jerusalem
Worship the Father. And
Verse 23.
The hour cometh, and now is, when the true Worshippers shall Worship the Father in Spirit and in Truth: for the Father seeketh such to Worship him. And they that Worship him, must Worship him in Spirit, and Truth 'Tis granted, the
Jews set up a Local Worship in Synagogues and Temples, but this Judaisme Christ expressly saith, the hour was then come that it must be abolish'd, and all
Jewish Ceremonial Law, and the Temple it self he foretold,
[Page 211]in the future there should not be left one stone upon another. That he forbids a Prayer to be made in Synagogues, Temples, or any other publick Place, and commands the same to be made privately in the Closet, appears,
Matth. 6.5.
When thou prayest, thou shalt not be as the Hypocrites are: for they love to pray standing in the Synagogues, and in the Corners of the Streets, that they may be seen of Men. Verily I say unto you, they have their reward. But when thou prayest, enter into thy Closet, and when thou hast shut thy door, pray to thy Father which is in secret, and thy Father which seeth in secret, shall reward thee openly. The
Jewish Synagogues were their Churches or Temples, having a lesser or Parochial Jurisdiction; and the Cathedral Church or great Temple having the National Jurisdiction; but Prayer in both is abolished by Christ. It is granted that in both the lesser and the greater Christ used to Teach, as it is said,
Matth. 4.23.
And Jesus went about all Galilee,
teaching in their Synagogues, and preaching the Gospel of the Kingdom, and healing all manner of sickness, and all manner of Diseases amongst the People. And
Mar. 14.49. he saith of himself,
I was daily teaching in the Temple. And the avoiding of publick Prayer he taught not only by his Precept but Example, for we never find that he so much as Convened the Twelve, who were his own Family, to pray with him, but
Mark 1.35.
He went out, and departed into a solitary place, and there prayed. And
Matth. 14.23.
He went up into a Mountain apart to pray: and when the Evening was come, he was there alone. And
Matth. 26.36.
Then cometh Jesus with them unto a place called Gethsemane,
and saith unto the Disciples; Sit ye here, while I go and pray yonder. Whereby it is clear, that Christ both by Precept and Example taught, there ought a distinction to be made between the place of Preaching and Prayer; the one to be publick, the other to be private, the one to be in conventions, the other to be single and alone; and if he prohibited the contrary to any who were free, he much more prohibited any should be compell'd.
Then as to
Non-Communicants, 'tis manifest Christ never instituted the Sacrament in a Church, or Temple, nor appointed the same to be after Celebrated there; for he instituted it in a private House, and no company with him, but his own private Family with him, as
Matth. 26.17. It is said,
Now the first day of the Feast of unlevened bread, the Disciples came to Jesus, saying unto him, where wilt thou that we prepare for thee to eat the Passeover? And he said, Go into the City to such a man, and say unto him, The Master saith, My time is at hand, I will keep the Passeover at thy House with my Disciples. The reasons why Christ prohibited publick and commanded private Prayers, may be divers. (1.) The first is express'd to avoid vain glory, and suspition of Hypocrisie. (2.) To avoid the dangers incident to Conventions in Temples, or publick Places, whereby he foresaw his Church might be destroyed; and how many of the Primitive
[Page 212]Christians, and since, have by this means of the Conventions in Churches and Temples, suffer'd; some have had the Churches fired about them and themselves burnt in them, others have been in them Massacred with the Sword, others carried away and destroyed by Torments, which had never happened to them, if they had followed Christs Precept, of not casting their Pearl before Swine; or when they were persecuted in one City, to flie to another, or kept themselves in their Closets to pray. (3.) The impossibility of a Convention of People to agree what they would have prayed for, were it but when they would have Rain and Dry-weather. (4) The impossibility of worshipping God in Spirit and Truth, unless he is worship'd as Omnipresent; for as he that worships God in an Image, or towards an Image, commits Idolatry, because he confines his Omnipresence to the petty Prison of an Idol: so, who in his Imagination comprehends him who is Incomprehensible, in the walls of a Temple, is as guilty of Idolatry as the other, only one worships him in a greater Idol, and the other in a lesser. And as to Marriage in a Temple, or by a Priest, 'tis manifest the
Jews never Married in a Temple, nor did Christ ever Marry any Man or Woman, nor any of the Apostles Marry any, nor had any Precept to do it; and all the Primitive Christians for 300 Years after Christ, so far observed the Precept and Example of Christ, and abhor'd Marriage, or Worship in Temples and Altars; that
Celsus doth reproach them with it, that they had no Sacred places of publick Worship; and
Origen in Answer, confesseth that they were not instituted by Christ, but crept in afterwards.
Notwithstanding all which, the Divinity of the later Times hath been so far from following the Precept and Example of Christ, that it hath destroyed the Omnipresential Worship of God, commanded by him in Spirit and Truth, with a gawdy Ceremonial Worship by Priests and Temples; for to discover the Truth of this great Mystery of Iniquity, of Popish Priests, it concerns them in the highest points of their Profit, to abolish as much as they can possible, all thoughts of Gods Omnipresence, for if this is once understood, it will appear there is no need for the People to pray by a Priest, whereby they will lose their gainful Offices of Masters of Requests; for where the Prince is in presence, there needs no such Officer. (2.) This will lose their gainful Office of Confession of Sins, for where God is in Presence, 'tis better to confess to him than the Priest. (3.) It will lose them their Pardon-Office, which brings them in Millions; for who is so mad to beg Pardon of a Priest, if God is in presence, and he may beg it of him? (4.) It will lose him his great Office of Benediction of all those who are Married in his Temple; for if God is in presence at
[...]ome, of whom the Party may crave a Benediction, who is so mad to think he need go beg a Benediction of a Priest in a Temple? (5.) It will lose him his Office of Excommunication, and casting out of
[Page 213]his Synagogue and out of the Presence of God: for if God is Omnipresent, then can none cast out of his presence: for these good Reasons are all the Clamorous School men silent, and have writ nothing Material concerning that great Attribute of God his Omnipresence: nor have the in numerable Heaps of Theologists inclosed any thing considerable of this point: nor have the Bishops so much as once named it in the 39. Articles; but, like Lapwings, drawing the Readers as far as they can from their nest, diverting his Fancy when they speak of God, to matters unintelligible, and not necessary to Salvation, and fitting the rest with matters totally Tending to their gain.
I cannot pass the Contemplation of the Omnipresence of God, without some further Remarques; for without this he could not be Omnipotent, he could not be Omniscient, he could not be a God, he could not be distinguished or known from an Angel or Daemon, or any inferior Spirit, or Invisible Power: But that these are Circumscribed in their Vagrant Ubi's, or Chain'd to their fix'd Localities, to dwell in such a Temple, to haunt such a Grove, to give their Response from the hollow of such a Dodonaean Oak, Such a Delphick Den, from the belly of such a Sibyll, the Breast of such a Prophet, the Brayns of such a Dreamer of Dreams; These shew their Miracles only at such an Image, such an Idol, such a Tomb, such a Sepulchre, such a Fountain, such a River, such a Pool of
Bethesda; But are not able to shew them every where, nor to be present every where. Seeing therefore to believe in God only, is the Fundamental of all Religion, and we cannot believe in Him unless we know Him, and so cannot know Him unless we can distinguish Him from an Angel or Daemon or other Invisible Power, nor Worship in Spirit and Truth, unless we can distinguish Theolatry from Angelolatry and Daemonolatry, and Theology from Magick; nor when we are in distress can we know where to Pray to Him for deliverance, if we know not where to find him; and he being Invisible is impossible to be found unless he is Omnipresent; and if we Run to Temples, Tombs, Images, Idols, Oracles, we fall into the Power of Darkness, Daemons, Magicians or Deceivers; And even the foremention'd
Demonax and
Cato, and many other Heathen, themselves will rise up in Judgment against us. And seeing the whole Language of Theology is grown Anthorpomorphite, to describe the Infinite Power in human shape, in human Apparition, or (what is worse) in Brutish, of Lamb or Dove, and confine him to a small Throne in the
Coelum Empyraeum; from whence these mischiefs would follow, That Saturn would make his Orb the Round Table of eating Children;
Jupiter his, the
Seraglio for his Rapes;
Mars his, a
Spoliary; Sol his, a Throne to assume Supreme Worship to himself;
Venus hers, a Stews;
Mercury his, a Den of Theives;
Luna hers, a Nunnery for secret
Endymions; The
[Page 214]Prince of the Air, his a Forge of Cyclopses to fire the World, and in the Bottom of all these the Pope his, an Infallible Chair, In Hell and Purgatory to Rule the Roast; Then would be no Government of these Variant and Contrariant Orbs; Then would the Doctrine of
Christ be in vain,
Matth. 10.29.
Are not two Sparrows sold for a Farthing? and one of them shall not fall on the ground without your Father. Yea the Child himself, who is of more value than many Sparrows, And in the midst of all these Enemies, how shall he cry for help to his Father, who is so many Millions of Miles, as is the New
Jerusalem, absent from him? How doth his Body live so long? how shall his Soul after Death break through so many Regions and Legions, as stand in Battalia against her ascent to so unimaginable an Height, (before she can reach her Fathers House) as a Mill-stone cast thence with impetuous swiftness would not fall on Earth, or into the Sea, in Thousands of years; unless it be intended every Soul which goes to Heaven must borrow.
Mahomet's
Elborach? and that would not serve neither, if true what he Relates, That after he had Rid like a Witch by night through the Air, and was come to his last Stage, within Threescore Miles of Gods Palace where he dwelt, all the way was so Impassible with huge heaps of Frost and Snow, that had he not been an hot Bodyed and hot Headed man, he had been utterly lost and frozen to death before he had got through, and being got at length to the Presence-Chamber, God living in the midst of all that Snow put a cold Complement on him, for he clapt him on the shoulder (but it was not to Knight him) with his hand so cold, That it pierced him to the very Reins of his back, and cast him all over into a Terrible shivering; and surely if it were possible for a Soul to pass so long a Journey, through so many Thousand Legions of Devils as are in the way to intercept her, and she should at length Recover faint and weary to the beginning of the Threescore Northern Miles of these Mountains of Frost and Snow, being so naked as Souls use to be when they come in and go out of the World, and not Turbanted, Coated, Shooed as the Body of
Mahomet: It is doubted by many, before she gets ha
[...]f way through, she must turn up her Heels if she have any, much sooner without Feathers, than a Robin doth with them in Winter. The Priests have brought their Soul to a fair pass, and left her between fire and frost, the Pope to burn one half, and the Turk to freez the other; neither do they shew a Remedy, nor, if the Soul is after death sensible of Good or Evil (as doubtless it is, or a
[...]l Religion were in vain,) do they shew in all the Piles of their Theology, how so much as one Sparrow shall be secure from falling on the ground, or one Soul shall Injoy the Protection of Providence in the Center of so many Enemies as she is incircled with, both in Life and after Death, who seek to take all the Good from her, and lay all the Evil on
[Page 215]her they can. Alas Poor Soul! And why do they conceal from thee thy greatest and only present and Eternal comfort, the Omnipresence of God? Which if granted, none of this Evil can ever happen to thee. Thou art ever in his Embraces, he hears thee, he sees thee, he is with thee, and as is sayd,
Rom. 8 38.
Neither death nor life, nor Angels nor Principalities, nor Powers, nor things present nor to come, nor height nor depth, nor any other Creature shall be able to separate Ʋs from the Love of God; though as
Job saith, 9.11.
Lo he goeth by me and I see him not, be passeth on also but I perceive him not. This neither Pope nor Turk dare deny, yet seek to bury in Oblivion and hide in Clouds of Darkness; forbidding all Disputes of the Premisses, least the truth of Conclusions, which must necessary follow, shake the Fundamentals of all their false Religions, and the vast gains accrue to them by the same.
Some of the gainful Practices, arising from suppressing the knowledg of the Omnipresence of God, I have touch't before, and some Others I have added, as followeth: (1.) If the Light of the Omnipresence shou
[...]d shine through the World, they could not pretend and deceive with Magick in the name of Theology, with Necromancy under the name of Prayer at the Tombs of Saints, and to their bones and Reliques; they could not deceive with Witchcraft and Malice under the Name of Converse with God and Good Angels; nor could they pretend to be Inspirators without Miracle, if God is Omnipresent in every Soul alike. Divers Popes have been by Histories N
[...]ted to pretend Inspiration, who have been great Magicians; and the Acting or Counterfeiting many Miracles by the
Romish Saints, both beneficial and maleficial, are common in their Legends: and the Turks have as many as they; And seldom a Tyrant goes to Sea, but he will (if he can) have a Witch; so will they in their Land-Enterprizes have their prophets, which are the same. The
Tartar, Chinese, and
American Priests are generally Magicians, and are Consulted in all their Wars; so were the
Magi of the
Persians, and
Brachmans of the
Indians, The
Druids of the
Gauls and
Brittons, and many other Nations all Witches, who sometimes by the help of the Devil foretold truly, and sometimes falsly, success of Wars, and shared with the Souldiers in the spoil. Now though amongst the
Heathens they were not ashamed to worship Devils, whom they called gods, and it was the Professed Divinity of
Polytheist to Worship and Consult Inferior Spirits, as well as the Supreme; yet amongst Christians, the Profession being only to Worship the Supreme, if they Publish the Supreme to be Omnipresent, they cannot pretend these Magical spirits to be God, or Good Angels, who confine themselves only to some Persons or Places, and do Malefices either to Nations or private Persons; seeing if they Pray to God Omnipresentially, they may
[Page 216]be sure to be heard for all Lawful and necessary Prayers, and the unlawful and Maleficious never to be granted by him; whereby the Priest will loose all his Customers; for he that believeth God Omnipresent will Pray alone, and not Imploy another to Pray for him, to avoid the foremention'd Dangers: First because, for ought he knows, the Priest who Prays for him may be a Magician. Secondly, He will not Pray to a Saint or Angel, nor bring offerings as the Priest would have him, because, for ought he knows, this Saint or Angel may be a Daemon Transformed into an Angel of Light, whereby he himself should become a Magician, and incite this Daemon to do Malefice.
(2) Such as believe the Omnipres
[...]nce will not only avoid Praying by a Priest, or to an Angel or Saint, by whom he pretends to have Power to obtain unlawful Prayers, and to do Malefice; but likewise to obtain Lawful Prayers and to Receive Benefits; because the Granting of a Payer both by God or an Angel, or any Invisible Power, is a Miracle, and the Priest takes Money for every Miracle or benefit succeeds by his Prayers of benefit to the Party for whom he Prays; whereby it will be manifest, that the success of this Prayer is neither granted by God, nor a Good Angel; for God never sells his Mercies for Money. And this was the Theology of
Simon Magus a Magician, to think the Holy Ghost might be bought with Money; to which was made a Tart Answer,
Act. 8.20.
Peter said unto him, Thy money perish with thee, because thou hast thought that the Gift of God may be purchased with money. And Christ gives express Command to his Disciples, Missionated by him with Power of Signs and Miracles, to do good to the People,
Matth. 10.7.
Go Preach, saying, The Kingdom of Heaven is at hand: Heal the sick; cleanse the Lepers; raise the dead; cast out Devils: freely ye have received, freely give. So
Elijah, when he had cured
Naaman of the Leprosy, took no Money of him, but punished
Gehazi for doing the same, 2
Kings 5.20. And
Moses, when he did provide the Miracle of Manna, he did not ask any Money, or sell it to those who needed; for that had been to have deprived God of thanks for his own Gift. And
Petrus Quinqueranus Relates, That when some
Neopolitan Kings had inclosed a place with a Wall, which was of great Resort of Poor, for the gathering of Manna there, that they might be Excluded from gathering, unless they paid a Tribute or Impost for the same, The Manna suddenly ceased, and fell no more; and when as the Doors were again set open, it fell as before. The Place was again the Second, Third and many times shut up, for Tryal; and still when it was shut, the Manna fell not at all; but when open, as at first, it Continued to fall Plentifully.
Camerar. Centur. 2.
cap. 160.
p. 401, 402, 403. It is not here affirmed, That if such as are Preachers or Teachers
[Page 217]of the Truth of God, receive necessary maintenance, for their study and pains in Executing the same (unless they pretend to Preach by Inspiration) That their Doctrine is from Daemons, and not from God; for the Labourer is worthy of his Hire, and these have not Received their Gift freely, but by long study and Paynes: but only this is affirmed, That if they pretend to any Extraordinary and Miraculous Gift from God, or Angels, as to be Mediators for Prayers, or to keep God under Lock and Key in a Temple, and Receive money for Executing the same, it is a Manifest sign, they have neither their Gift from God, nor Good Angels, but from Daemons. Some that have Writ of Witchcraft, say, That such as Pray, though to God, for unlawful things, if they succeed and have Their Prayers granted, It is a Sign That they have made a Covenant with the Devil; for God never grants unlawful Prayers; therefore it must be the Devil, or Fortune. And that a Man may be a Witch, yet not know it. There being therefore two great Dangers to Pray by a Priest who takes money for his Prayers; first, That he Prays to Daemons under the Name of God. Secondly, That he will make unlawful Prayers.
Quid non mortalia pectora cogit Auri sacra fames? Flectere si nequeat superos, Acheronta Movebit. Should the Doctrine of the Omnipresence spread, men would rather Pray to God as
Christ Commands, in secret, and Omnipresentially, to whom they may Pray and He Exacts no money of them, nor Compels their Consciences to Pray in unlawful Forms, or for unlawful Matters, rather than Imploy so Chargeable and Dangerous a Mediator, who if God is in Person Omnipresent, is not only useless, but hurtful; whereby he will lose all his Money and Hire for his Prayers, and the Silver-Smiths of
Diana, have their Trade utterly spoiled.
(3) Men would be induced to worship in secret, and Omnipresentially, to avoid another Danger incident to Prayer by a Priest; for the Prayer by a Priest would be in Publick, in a Synagogue or Temple, which is lyable to a double danger, one of Daemons, the other of Men; to neither of which any Modest or Prudent Petitioner desires to have his Prayers known; not to Daemons, because he may have Errors and Imperfections in his Prayers, which if discovered only to God, He is ready to prevent those Dangers he would draw on his own head, by his Rash Petitions, and, like a Father in pity to his Child, to forgive them; whereas if Discovered to Daemons, they, if not by God restrained, would be ready to grant him success in all the Noxious things he asks, to Insnare and Ruin him. Not to Men; first, because for any to confess his private Sins, or Enumerate his private Wants, or Desires in Publick, would but afford matter of Derision to the Heathens. Secondly, The malice of Men would be apt to wrest all the Words,
[Page 218]though innocently intended, of his Prayers; sometimes to Herefie sometimes to Sedition, sometimes to Treason it self; and the same would kindle the hatred, and sometimes provoke the Rage of all Dissentients against him; As at
Vassy in
France, Fifteen hundred Protestants being ass
[...]mbled in a Church on a Sabbath day, to Pray, and hear the Word of God, the Duke of
Guise suddenly Compassed the Church with Armed Souldiers, himself standing in the Door with a drawn Sword, and Cruelly sent his Souldiers, who killed all without Distinction of Age, or Sex.
Acts and Mon.
(4) Granting the Omnipresence, Bishops could not pretend Power to N
[...]ll and Dissolve private Marriage, Consummated by Birth of a Child; nor separate those at whose Matrimonial Acts God was present as a Witness and Party, and thereby joined them, not to be put assunder by Man.
(5) Granting God to be Omnipresent, and present in the Internal S
[...]irit and heart of Man, and sees and knows thereby all of his thoughts, all External Ceremonies of Worship are useless; yea the Compulsion to them is the highest Denial of his Internal presence, and all the Difference and Distinction taken away how to know the Worship of God, from the worship of Men, and the Counterfeit Worship from the True; for though to the worship of Men External Ceremonies are necessary, and the Internal thoughts of the Heart cannot be Express'd to Men, but by External acts of the Body, yet to God it is otherwise; for he being present in the Heart it self; it were as Impertinent that the Heart should be Compelled to Pray, or Express it's Intentions by External Ceremonies without the Body, as to Compel a Vassal, when his Prince is in the midst of the House with him, to throw his Peti
[...]ion out of the Window to be sent to him many Miles off, by the Priest who is in the outer Court. And as Compulsion to Worsh
[...]p by the outward Ceremonies of a Priest, or a Temp
[...]e, is unnecessary, so is it the way to Compel an Hypocritical and Counterfeit Worship, contrary to the Command of Christ.
Joh. 4.21. Where he, talking with the Woman Concerning to the Two Places of Worship, the Temple of
Samaria, and the Temple of
Jerusalem, Saith,
Woman, believe me, the hour cometh when ye shall neither in this mountain, nor in Jerusalem worship the Father. And vers. 23.
The hour cometh, and now is, when the true worshippers shall worship the Father in Spirit and Truth: for the Father seeketh such to worship him. God is a Spirit, and those that worship him, must worship him in Spirit and Truth. To worship therefore in Spirit and Truth, is the Internal Worship of the heart, and not the External Ceremonies, which may be Compelled and Counterfeit,
[Page 219]and if mixt with the Worship of God, are not directly to Worship God, but the Idol or the Priest; as for example, I shall instance the usual Ceremonies of uncovering the Head, Bowing, and Kneeling, to which men are compel'd in Temples,
Compulsion to external Ceremonies, is to Worship the Idol and the Priest, and not God. as both Ancient and Modern
Pagan Idolaters pretend the same distinction of Worship to and towards the Image, where those or other Ceremonies are used, as do the Papists; and if the same should be allowed, there could be no Idolatry committed in the World, and the Second Commandment were useless, and deservedly by the Papist turn'd out of the Decalogue; for all Nations in the World, whether Civil or Barbarous, which use Idols or Images, yea the
Tartars, Africans, Indians, and very
Americans say, They Worship not the Idol, but their God in the Idol. But if once the Omnipresence is believed, this Faith destroys all Ceremonies of Worship, both towards and to, and in, and shews the Worship of Spirit and Truth to be every way, and every where, and that Idols ought not to be brought into the Place, or mixt with the Divine Worship, they manifestly drawing the Honor of Bowing, Falling down, Kneeling, or the like, towards, or before them, pretended to God to be given themselves; for which reason (it seems)
Josephus lib. 8.
cap. 2.
de Antiq. Jud. says,
Solomon sin'd and broke the Law in making Similitudes in the Temple, of Beasts of Brass, to underprop the Brazen Sea, and Lions to set unto his Throne, which are apt to be Converted to Idolatrous Uses; and of the Act of
Hezekiah, 2
Kings 18.4. to take away those External Ceremonies of Worship then in fashion; for it is said,
He removed the high Places, and brake the Images, and cut down the Groves, and brake in pieces the Brazen Serpent which Moses
had made: for unto those days the Children of Israel
did burn Incense to it; and he called it Nehushtan. Yet here might it have been said by the Idolatrous Priests, who made great gains of these Ceremonies of Bowing, Kneeling, and Falling down to those Images, that they were very Ancient and Decent Ceremonies, and great Ornaments of the Worship of God; and they did not Bow, Kneel, Fall down, or offer Incense to the High Places, but God in them; yet here in the Judgment of
Hezekiah, these external Ceremonies gave the Honour pretended to be given to God, to these Idols; and he therefore Abolished them.
In the like manner do the Priests, now the Images are removed, yet Surrogate in their stead what Idols they can of Temples and Altars, abolished by Christ, and under pretence of the Ornament and Decency of Worshipping God, by Compulsion to those External Ceremonies of the Body, to which it is impossible to compel the worship of the Spirit and Soul, draw to themselves wholly that Divine Honour which they feign is given through these to God, as is easie to be seen, in every common Church or Temple, the People walk, talk, and place themselves in what
[Page 220]posture they please, till the Priest appears and is heard in the Pew; then, as if the Apparition of a Deity spake, there is such shuffling away of Hats, and falling on knees, to receive an Absolution, which none but God can give, of their Sins; and as assoon as the Morning Service is ended, and the Priest got out of the Church all the Hats are again on, and not a man to be seen on his knees till the Priest again return in the Afternoon; then are they all again on their knees to pray, according to the foremention'd distinction, towards him, but not (as they said) to him, and receive his Benediction, which none is able to give but God; and these Ceremonies of falling on their knees towards the Priest, in those many Postures of Confessions of Sins, Penance, Absolution, and Benedictions were so scandalous to the Heathen, that when a Christian reproved one of them that he fell down before a dead Idol and worshipped it, he would answer, That the Christian fell on his knees before a worse living Idol,
Et quod Pontificis coleret Genitalia. In the like manner was a Jesuit Recriminated, who reproved an
Indian King of
Candecan, that he fell down and worshipped his Paw-God, and answer'd, That He fell down and worshipped his Crucifix. To the same purpose have some Episcopal Protestants been Recriminated, who reproved Papists that they bowed and fell on their knees to the Host in the Mass, and answer'd, that they bowed and fell on their knees to the High Altar and the Bread received from it. So neither side can justifie, but Recriminate, which how weak Argumentation it is concerning the worship of God in Spirit and Truth, is easily understood. But to return to the first consideration; That the Priest is worshipped, and not God, by the Ceremonies of the Temple, appears, in regard if they taught that the People must put off their Hats or fall on their knees in token of Reverence to God, as being in the Temple Consecrated by the Bishop more than in another place, then must they teach them that they ought to perform the same Ceremonies when both Bishop and Priest are out, as well as in; and must be perpetually, as long as they are in the Church, seeing God is perpetually in it, and both Bishop and Priest must be perpetually uncovered when there, as well as the People, and as well before Service as after, and as well without the People as with them; but they neither teach nor practice any such matter, but only command uncovering, and kneeling to be towards themselves when present, therefore they give the whole Honour of these External Ceremonies to themselves, and not to God. So the Popes Missionary Priests breed up the poor
Americans, in such Superstition and Slavery, as they worship the Priests for Gods; and if a Priest do but ride on a Journey through the street, they all as he passeth fall on their knees, with their hands Elevated towards him, praying him to forgive their Sins, and give them their Benediction; which the Priest very gravely doth, making many Mumpsimusses with his Mouth,
[Page 221]and Crosses in the Air with his finger towards them, and they for the same bring him plenty of Provision and Oblations to his Lodging, where he Inns, The Arch-Bishop of
Moscho, reputed the
Greek Pope or chief Patriarch, when he Consecrates the River there for Baptism, which is once a Year, he Rides in great State, in most Rich and Gorgeous Robes, carrying the Sacrament in his Lap, the Emperour himself leading his Horse by the Bridle, and many persons casting before him on the ground most Rich Garments, to be trampled on by the proad Palfrey, and when he hath passed over a parcel still fetching those who are left behind, and throwing them again before, lest the feet of his Holy Horse should touch the Earth, whose Master commands the Heaven. Some have thought by these Ceremonies the Horse is more honour'd than the Emperour, the Lap than the Horse, the Sacrament than God, and the Bishop than all. The
Latine Pope hath had a Crotchet to wear the Cross on his Pantofle when he admits to the Honour of kissing his Toe, yet none doubts but he aims more at the Honour of his Toe, though a crabbed one, than of the Cross. To the Emperour who p
[...]rformed this Servile Homage, saying in Extenuation of his Dishonour,
Non tibi sed Petro, the Pope replied,
Et mihi & Petro. Not only the
Babylonian Priests of
Bell, but of all Nations in the World (who could obtrude on the People the Ceremonies of Sacrifie) have under pretence of feeding the Noses or the Mouths of their Gods, fed their own Bellies, and not their Gods. But the Doctrine of the Omnipresence destroys all these Ceremonies of Sacrifices, Incense, Burnt-offerings, Images, Hostes, Masses, High-Altars, Temples, and Oblations by Priests; for if God is present in the House, and at the Table of the owner, were it possible he could be hungry, or desire Meat and Drink, he could, as many great Princes have done from their meanest subject, more conveniently take a Meal from a Thousand Tables wheresoever he likes best, than the Priest to gather it for him in his Alms-basket at the Temple; and there to eat it himself; and say to the Priest as is said,
Psal. 50.12.
If I were hungry, I would not tell thee, for the World is mine, and the fulness thereof. Will I eat the flesh of Bulls, or drink the blood of Goats? Offer unto God thanksgiving, and pay thy Vows unto the most High. And call upon me in the day of trouble, and I will deliver thee, and thou shalt glorifie me. Were God likewise tolerated to be worshipped as Christ commands,
Omnipresentially, in Spirit and Truth,
Forms of Prayer Compulsive, are Ceremonies, but not Directive. then could there be no compulsion to the Ceremonies of Forms of Prayer, Forms of Vestments, Forms of Songs, Forms of Musick; for Forms of Prayer and other Forms of Worship in things indifferent, if made compulsive by Penalty, became Ceremonies, and destructive to the Worship of God in Spirit and Truth; and compulsive they cannot be made unless the Ceremony of the place of Worship be made compulsive. But if they are only
[Page 222]Directive and without Penalties, as the Form of the Lords Prayer, left by Christ, who made it not Penal to miss a word, or syllable, or a letter in the Use of the same, then are they no Ceremonies, nor Ceremonial Laws, but Favours and Adminicles to help and direct, and not to punish the Weak who need them; if Popes and Bishops therefore should not smother the knowledg of Gods Omnipresence, then must they allow that God is present in the heart of every one who Prays, as well as in every other place, and being there, as
Job saith, 42.2.
I know thou canst do every thing, and that no thought can be withholden from thee. And it is said,
Psal. 7.9.
The Righteous God trieth the Hearts and Reins. And
Psal. 94.11.
The Lord knoweth the thoughts of man. And if so, they need neither carry nor send their Prayers to a Pope, Bishop, or Priest to offer them to God, in a Temple or at the Altar; but he may present them to God himself, and in a way more pleasing to him, on his own Altar of a broken heart, which way of Worship in the heart would utterly destroy their great Office they usurp, of being Masters of the External Ceremonies of Divine Worship, which brings them in infinite Riches, and likewise an Idolatrous Worship and Honour to Exalt themselves above all that is called God.
(6.) If Prayers might be made to God in the heart of man, or as Christ directs in the Closet, as Omnipresent, then would the Priest lose his great gains of the Post-Office to Heaven, for sending Prayers though not by Letter or Writing, yet (which is as good) by word of Mouth, or better, if the Letters should chance to be lost, or Spies for Intelligence break them open by the way. When Prayers are brought to the Priest, to be sent so high and so far for the Petitioner, he will send them by some Angel, who is the swifter, or some Saint who is the slower and surer to carry them the first Stage, then He delivers the Message to our Lady of
Loretto (if she be not below at her Chappel) to carry them another Stage, and to deliver them to her Son, who is to make the next deliverance of them to God, which way of Posting Prayers so far is very costly, and dangerous, and many times Petitioners get no Returns as long as they live, unless when intercepted by the Prince of the Air, and he grants their wicked Petitions with a Vengeance; all which cost and mischief had been prevented, if the Petitioner in person had, as Christ bids him, offer'd his Prayer to God in person in his Closet.
(7.) The Priests could not put God into a Wafer or piece of Bread, and set him on an Altar, or carry him about in a Box; they could not lock him up in a Temple, and carry the Keys at their: Gi
[...]dle; by which they would lose excessive gains.
(8.) There would be no more Pilgrimages to
Mecha, or
Jerusalem, Rome, Loretto, Compostella, and a multitude of other Places, which would lose them vast gains.
(9.) They would lose the gains of Praying to Saints and Angels; for they who believe God only to be Omnipresent, and the
Ʋbi's of Saints and Angels to be unknown, and uncertain when, and whether in Temples or no; would rather pray to God only, than such as they knew not where or when to find, and might therefore be mocked, as
Elijah, 1
Kings 18.27.
mocked Baals
Prophets, and said, Cry aloud, for he is a God, either he is talking, or he is pursuing, or he is in a Journey, or peradventure he sleepeth, and must be awaked.
(10.) They would lose the gains of all Sanctuaries, Asylums, and Horns of the Altar; for if God is every where, why should Malefactors have more privilege there than every where? whereby neither
Cain by Land, nor
Jonah by Sea, could flie the Presence of the Lord, and the same is no Protection, but a Punishment to the Wicked.
(11.) There would be no more buying or hireing places of Burial in Chancels, Churches, Church-yards, or other Consecrated ground, by such as believed God Omnipresent; whereby a great Revenue would likewise be lost to Popish Ecclesiasticks.
All which recited matters, and the foremention'd Mediator, Confessor, Penance, and Pardon, Offices, and divers others, conduce infinitely to the gain of Papal and Episcopal Priests, and the Pride and Power of the Kingdom of Anti-Christ; which must be inevitably ruin'd, if the Doctrine of the Omnipresence were but duly Preached and Taught, which indeed is the Depth of all Philosophy, and the Height of all Divinity, and the most possible way of understanding the Divine Precepts of Christ, of worshipping God in Spirit and Truth.
A Poem on the Omnipresential Worship of God.
NO other God I Love or Fear;
But who I see is every where:
If on the Hills I feed my Sheep,
Their Pasture there he Green doth keep:
If in the Dale my Cows I milk,
He makes their Teats as soft as Silk;
And is he not there where I Plow?
Who more Returns then I did Sow.
If on the Wall I Prune a Vine,
He must be there who giveth Wine.
I drink the Wine of Ten Years old,
He makes me then his Poet bold.
In
Eden's Fruit (what joy is this!)
I tast a Thousand times he is:
I sip the
Nectar of the
Bee,
And find none there is sweet but he:
Of
Strawberries I dress a Bed,
He's there, none else could make them Red.
Yon
Brook (hark!) tells with purling sound,
From Sea who brings it under ground.
A little Seed on Earth I spring,
He there doth Heavenly Flowers bring:
His Works in Beauty all appear,
I'm sick with Love of him who's there:
In Rosie Bow'r with Lute I sit,
His Voice doth Ravish me from it.
The hour I ask, and Dial view,
He must be there who tells me true:
If to my Study I then pass,
He brings me light there through the glass:
If to a lawful War I go,
He's there to fight against the Foe:
I watch in Frost, and Moon-shine cold;
From killing me he doth it hold:
If to the fire I turn to warm,
He's there, such Fury else would harm.
To Woods I walk with wandring Eyes,
He's there who mounts them to the Skies:
At Sea the Tide learns me to know
'Tis he there makes the Ebb and Flow:
Bright
Cynthia shews next who her guids,
Where she in Silver Chariot Rides:
In Darkness, Sounds do make me hear
He is in them, who made the Ear:
I look up to the Stars above,
And see he's there, who doth them move:
I take a Wife, and go to Bed,
He Marries us who bids us Wed:
A Child is born, he gave it Life,
And not the Husband or the Wife:
In sweetest Sleep my Rest I take,
Eternal, did he not me wake:
I die, his Mercy is so near,
And he himself, I cannot fear.
Then Shepherds all upon the Rocks
Pray, and Praise him 'mongst your Flocks,
And let your Pipes on every Hill
The Organs be the Air to fill:
You who Carouse, in pleasant Bowers,
Ambrosian Milk that's made of Flowers,
There when you hear the Cows to Low,
Unto the God who fed you bow.
Let Husbandmen who Plow the Field,
Thanks for a fruitful Crop there yield;
And for the Seed they cast away,
Another Resurrection Pray.
You who behold the Rubie Wine
In curious Crystal Glasses shine,
And drink your fill, there crown'd with Bays,
Indite high Hymns unto his Praise:
Ye Poets, why sit you so sad?
In holy Furies turn ye mad,
He'l mount your Souls in Extasies,
Unto the Joys above the Skies:
Fruits of so many Tasts and Hues,
Delicious Whites, Reds, Yellows, Blues.
Who Banquet on, in the same Place
Return for every one a Grace:
Thou who hast found the Honey-Comb
In Wilderness, though far from home;
Go suck Him there in such a Feast,
As Child doth Mother from the Breast.
The little Berries on a Bent,
Who file before they shall be spent,
You as in Golden Age then may
Number no other Beads to pray.
The Crystal Springs and Running Rills,
Along the Banks of Daffadils,
And Silver-shallows which do creep,
Shews he them brings from Mercies deep:
Who Flowers gather in the Meads,
Praise him with Garlands on your Heads,
Who gives such Flow'rs unto the Clown,
As
Caesar hath not in his Crown.
If Lightnings shot from Beauties Eye,
Melt thine to Tears, and make thee sigh.
Adore the Beauty none do see,
Thou no Idolater shalt be:
[...]
[...]
Who hear the Birds, with Thousand Notes,
Praise him from pretty Bills and Throats:
There let your Voices join in Quire
With Instruments of Wind and Wire.
On Dial look, and there him praise,
Who shews to number out thy Days;
Who light and shade so true makes run,
Is on the Dial and the Sun:
No longer in thy Study look,
To search for God Chapter or Book;
For wheresoever thou dost pass,
He writes himself on every grass:
Ye Valours in defence of Right,
Who for the King and Country fight,
Your Souls to Heaven, where e'r you die,
Shall without Church or Steeple flie:
How Water turns to Gems of Ice,
And they to water, who so wife
To shew? But he is there we find,
Whose Power alone can loose and bind,
You who sit by the Fire side,
To Pray, you need not Run or Ride,
For who dwells in Eternal Light,
Is likewise in the Fire bright.
Go Pray in yonder Wood or Grove,
For there appears the God of Love,
Except the same is Consecrate
Unto some Goddess or her Mate:
Soldiers at Sea, who doth it tame
In Floating Castles, praise his name;
Let Trumpets sound it to the shore,
And with them let your Canon Rore;
If
Phoebe Fair shall on you peep,
When she steals water from the Deep;
Though such a Beauty ne're was seen,
Say she's his Hand-maid, not his Queen:
You who in Nights Black shades do stray,
In fear there to him humbly Pray,
In Darkness which doth Cloud the Skie,
He Dreadful is in Majesty.
The Stars that Roll'd are in their Round,
By him above, and under ground,
Shew he is there in Might and Power
Who will not let them Rest an hour.
Bride-grooms and Brides so Fresh and Trim,
Each other Worship not, but him
Who joins you both in such a Fate,
As none but he can separate.
Mothers Praise him, who are Devout,
Who heard you when you Cried out,
And made forget before the Morn
Your Sorrows, when a Son was born:
He's in thy Bed, though thou doest sleep,
True time thy Pulses who makes keep.
All the whole Day then seek a Theam
To Praise him there, though in a Dream.
When Death the Body turns to Fame,
And Soul to Essence whence it came▪
Oh happy Soul! thou canst not miss
Thy God, for every where he is.
Ye Idol-Priests who have begun
Your Temple build, shall hold the Sun;
And you great Neptune who adore,
Build one shall hold both Sea and Shore;
To
Aeolus who make your Prayer
Another build, shall hold the Air;
At
Venus shrine then you who cry,
Build one holds
Venus in the Skie;
And then with Millions of your hands
Build one holds him who these commands:
The God who cannot be confin'd,
The God of Love, who is not blind;
When this you do, and none derides,
Wee'l to your Altars bring our Brides,
But first before we enter in,
Your Temple you shall clear from sin,
The Canons of so many Popes,
And of the Mitres and the Copes,
Contrary to the Law of God
Whip thence, as Christ did with a Rod;
Then overturn the Tables next
Of Money-changers, which have vext
Loves Liberty, who was born free,
With Bonds, and Bills, and Usurie;
Then cast out Pride which doth bewitch,
And Poor Divorceth from the Rich:
Vertue and Beauty are the Gems,
Excelling those of Diadems.
Then Covetousness expel,
The Idol foul which came from Hell;
Portions and Jointures we'l have none,
But every one shall keep his own,
Nor Courtesie shall be so small,
Of Lands and Money to take all,
And Rob the Woman of her Goods,
Leaving her scarce for Scarfs and Hoods;
When 'tis too late, she sees and grieves,
The Temple is a Den of Thieves,
None there shall take anothers Brats
By Bishops false Certificates,
No
Bramyn of an
Indian King
Shall there Pollute the Royal Spring,
Cardinal Confessor there none
Shall shrieve a Queen upon a Throne,
No, nor shall their Intails defiled
Make Faithless Wife, or Rebel Child;
We'l run no more to
Romish Sees,
But we will Marry without Fees:
Why do you then Gods Ordinance
After your Pipes to Church make Dance,
To buy for Money what's Divine,
And God inclose in Silver-shrine?
Why do you then so slylie steal
A Sacrifice of Blood and Meal,
And thither drive, on pain of Curse
Your foolish Guests to pick their Purse,
And your Bread-God on Altar lay,
And him inclose with Walls to Pray?
Know, who is the Almighty one,
Altar or Temple he hath none.
(15.) It caused the bloody Sacrifices of Virgins, Children, and
Indian Wives.
If
Iphigenia had not been got to the Altar on pretence to be Married, she could not have been Murder'd.
Relligo peperit Scelerosa at
(que) impia facta:
Aulide quo pacto Triviai Virginis a
[...]am,
Iphianassai turparunt Sanguine foedè,
Ductores Danaûm delecti prima virorum:
Cui simul infula virgineos Circumdata Compius;
Ex utra
(que) pari malarum parte profusa est;
Et maestum simul ante aras adstare parentem
Sensit, & hunc propter ferrum Coelare ministros;
Adspectú
(que) suo lacrymas effundere cives;
Muta metu, terram genibus Summissa petebat.
Nec miserae prodesse in-tali tempore quibat,
Quòd patrio princeps-Donarat nomine Regem:
Nam sublata virûm manibus, tremebundá
(que) ad aras
Deducta est, non ut solemni more sacrorum
Perfecto, posset claro Comitari bymenaeo;
Sed casta incestò nubendi tempore in ipso
Hostia Coincideret mactatu moesta Parentis:
Exitus ut Classi felix faustús
(que) daretur.
Tantum Relligio potuit suadere malorum.
Religion hatch'd hath damn'd Impieties:
This the
Greek Chiefs at
Aulis made Surprize
Poor
Iphigenia, by a wicked wile,
And
Trivia's Altar with her Blood defile.
The Fillet which did bind her Virgin Head,
Upon each Cheek hung down dishevelled,
Her Father then sad to stand by she Eyed,
And Priests from her their Bloody Knives to hide,
Upon her Knees she fell down mute with Fears,
And saw the People round her shedding Tears,
Nor with the King did help her thus appall'd,
That she a Princess first him Father call'd;
For, took by force of Men, she's trembling brought
Unto the Fiery Altar, not as ought
To have been done, a
[...]e to Consecrate,
But to Pollute her with a Bloody Fa
[...]e,
Then her fell Father in her lovely Prime
When he of
Hymens Joys promiss'd the time,
Kills her in Sacrifice, to get a Wind,
And a good Passage for his Shipping find.
Thus Blind Religion which doth nothing know,
Yet so much Evil could persuade to do.
The wickedness of the same Fact,
Horace likewise describes.
lib. Serm. 2.
Sat. 3. In a Dialogue, between a
Rustick and
Agamemnon.
R.
Nequis humasse velit Ajacem Atrida, vetas cur?
A.
Rex sum.
R.
Nil ultra quaero plebeius.
A.
Et aequam
Rem imperito: ac si cui videor non justus, inulto
Dicere quae sentit permitto.
R.
Maxime Regum
Dii tibi dent captâ classem reducere Trojâ
Ergo consulere, & mox respondere licebit?
A.
Consule.
R.
Cur Ajax
heros, ab Achille secundus,
Putrescit, toties servatis clarus Achivis?
Gaudeat ut populus Priami, Priamusque inhumato
Per quem tot juvenes patrio caruere sepulchro?
A.
Mille ovium insanus morti dedit, inclytum Ʋlyssem,
Et Menelaum una mecum se occidere clamans.
R.
Tu cum pro vitula statuis dulcem Aulide natam
Ante aras, spargisque mola caput improbe salsa,
Rectum animi servas?
A.
Quorsum?
R.
Insanus quid enim Ajax
Fecit, cum stravit ferro pecus? abstinuit vim
Ʋxore & nato, mala multa precatus Atridis,
Non ille aut Teuerum, aut ipsum violavit Ʋlyssem.
A.
Verum ego ut harentes adverso littore naves
Eriperem, prudens placavi sanguine Divos.
R.
Nempe tuo furiose.
A.
Meo, sed non furiosus.
R.
Qui species alias veri, scelerisque tumultu
Permistas caplet, commotus habebitus: at
(que)
Stultitiane erret nihilum distabit, an ira.
Ajax
immeritos dum occidit desipit agnos:
Quum prudens scelus obtitulos admittis inanes
Stas animo? & purum est vitio tibi cum tumidam est cor?
Siquis lectica nitidum gestate ame
[...] agn
[...]n,
Huic vestem ut gna
[...], paret anc
[...]llas, paret a
[...]rum;
Rufam ant pusillam appelle
[...]: fortique marito
Destinet uxorem, interdicto huic omne adimit jus
Praetor, & ad sanos abeat tu
[...] propinquos.
[Page 231]
Quid? fiquis gnatum pro muta devovet Agna
Integer est animi? ne dixeris. Ergo ubi prava
Stultitia, hic summa est insania.
Rusticus, Agamemnon.
R.
Atrides, Why is it forbid by thee
To bury
Ajax?
A.
I am King.
R.
So be.
I a
Plebeian dare no more enquire.
A.
But just I am, and if thou doest desire
To shew thou think'st not so, speak out thy mind,
I give thee leave.
R.
Great King, so mai'st thou find
The gods propitious, from Conquer'd Troy,
Thy gallant Fleet to return home with joy
May I then ask, and unto what thou say'st
Reply again, with thy good favor?
A.
may'st.
R.
Why doth the
Hero Ajax, the Renownd
Achille's Second rot then above Ground,
Who saved so many Greeks? Is it, to make
Pryam and
Pryam's People joy to take,
That he by whom their own so many have
Lost Sepulchres, himself should lose a Grave?
A.
The Mad man kill'd a Thousand Sheep, and cry
He did, each
Menelaus was, or I,
Or brave
Ʋlysses.
R.
Wicked Man, dost thou,
Thine own sweet Daughter to the Altars vow?
And didst thou Butcher her in the Calf's stead,
At
Aulis; crumbling Salt Cake on her Head?
And think'st thy self more in thy Wits than he?
A.
Why not?
R.
be pleased but to hear and see;
For what did
Ajax, while he was so mad,
To kill the Sheep (as thou didst) half so b
[...]d?
He did both from his Wife, and Son abstain,
And only the
Atridae curst in vain;
He neither
Tencer, nor
Ʋlysses slew.
A.
But, that I was both wise and godly, shew
I will to thee; for, to get off my Fleet
Which stuck upon the Sands, I thought it meet,
Their safe return to speed through the rough Seas,
The angry gods with blood thus to appease.
R.
'Twas with thine own blood Mad man.
A.
true, 'twas so,
But that I was not Mad, this lets thee know.
R.
Whose thoughts Tumultuous made by Wickedness,
Takes False for True; is mad, and he no less
Who doth by Folly err, as who by Rage.
Was
Ajax Mad who did in Fight ingage
To kill Poor Lambs; and thou Godly and Wise,
Who
Iphigenia kill'st in Sacrifice?
And those Fair Titles from a Crime so black
As thy Poor Daughter 'twas to kill, dost take?
Should one in Coach a Lamb have with him ride,
And for it Cloaths, Money and Maids provide,
And think't his Daughter, Miss and Madam too
Call it, and Husband stout bring it, to woe.
Would not the Praetor grant him for a Fool?
And what if one his Daughters at the Schole,
Should think a Lamb in Fold by like mistake,
And her Devoutly to the Altars take,
And think by Faith he that mute Creatures note
Hears, when he cuts his Shrieking Daughters throat?
Is he in his right mind? the other is
A Petty Folly; wicked Madness this.
Who think their God a Lamb, or that His Will
Was, they himself should on his Altar kill,
And offer to Himself; how Mad are they,
Let s
[...]me New Poet in a Satyr say.
Godw. Jew. Ant. 141. Conceiveth
Moloch, to whom Children were Sacrificed, to be the same I
[...]ol with
Baal then,
P. 152. He Conceiveth
Baal Peor, so called from
Peor the Hill on which his Temple stood, to be the same Idol with
Priapus: so doth
Cornelius Agrippa, call
Priapus, Baal Phegor; It is before shewn, That
Priapus was the first who got Women and Men to be joined together by a Priest in his Temple; if
Priapus therefore was
Baal, and
Baal Moloch to whom Children were Sacrificed: then ('tis more than probable) the same Idol, who Married in Temples; as he by this got the Jurisdiction of Marriage, so by the Jurisdiction of Marriage, he got into his Fiery hands the Jurisdiction of the Fruits of Marriage young Children; and like a true unclean Devil, Defiled his Temple and Altar, not only with Lust, but with Blood; and so this Custom of Marrying by Priests in Temples in as many Nations (which were the greatest part) of the World, which it past through; carryed likewise, the Barbarous Cruelty of Sacrificing, such Children of such Marriages, as the Priest requi
[...]d what Children he pleased; to be Sacrificed,
[Page 233]and as the Scripture Expresseth, to Devils; I shall for brevity, only Cite one Poet concerning this wicked Custome.
Mos fuit in Populis quos condidit advena
Dido,
Poscere caede Deos veniam, ac flagrantibus aris
(Infandum dictu.) parvos imponere natos.
Silius.
The People who by
Dido founded were,
Did Pray to Gods with Blood, without a Tear;
And horribly on Flaming Altars burn,
Their little Babes, yet for them never mourn.
Ille suis Divis mos Sacrificare puellos,
Ennius.
The Cruel Custome of the
Indian Wives, burning themselves with their Husbands, grew from the Jurisdiction the Priest gained over them by such
Priabeian Maraiage by a Priest in a Temple, and by the profit he made by the same Burning or wicked Sacrifice of themselves. Which Custome
Propertius thus Describes:
Jamque ubi mortifero Jacta est fax ultima Lecto,
Ʋxorum fusis stat pia turba comis,
Et certamen habent Lethi quae prima sequatur,
Conjugium Pudor est non licuisse mori.
Ardent victrices, & flamae pectora praebent,
Imponuntque suis or
[...] perusta viris.
Proper. l. 3. Eleg.
12.
When the last Brand doth light Deaths bed of Flames,
With Hair dissheveld stand the Pious Dames,
And strive who first shall with her Husband lye;
Oh, shame they think if hinder'd then to dye.
Victorious they with Breasts and Mouths on fire,
Kiss their old Loves burning with new Desire.
The
Indian Priests, from whom this Fiery zeal, Superstition and Mischief came, usually attend the Woman at this Fatal Solemnity of her new marriage to her Husband in another World, with which he Deludes her assuredly to believe follows of course, if she burns her self, and goes with him. But first she must go to the River and be Baptized with Water, for
[Page 234]the washing away of her Sins, and then be Baptized in this last fire, where he promiseth her their Holy Spirit and god Ram will appear to her in a Vision in the midst of the Flames, and be her Comforter: you cannot think a Priest will take all this pain to Murder his whole Parish of Women if he can, without a Fee, though without a Tear; for, besides his Ordinary fees, who should the Poor Deluded Martyress or Martyresses (for many times the
Indians, their Laws allowing Plurality of Wives, have Ten or a Dozen, or if a Prince they may amount to a hundred) the Husband being dead, make Executor and Overseer of all their Goods they leave behind, to bestow them according to his direction,
pur le Aline de defunct, for the Benefit of the Souls of them he Murder'd, But the Priest who so kindly helpt to dispatch them? Besides, he hath for a further small gratuity for his Pains, all the Bracelets, Pendants, Rings, and Jewels of Gold or Silver, which the Women ware, who came thus to Sacrifice themselves; for they are Adorned most Richly, as they were on their Wedding Day; And besides, other good Women throw into their Laps some Letters, some Presents, some Money, and Desire her to Deliver them to their Mother, or Brother, or other Kinsman or Friend, gone before them into the other World, all which are burnt with her; and when that is done, the Priest Rakes the Ashes, where, what a Batch hath he of all that is Incombustible of Rings, Bracelets, Gold, Silver, Jewels, Copper, Brass! Especially where there are many Wives who burn together, and belonging to great Persons: these so Sacred Reliques of these Saints belong only to the Priest, to his great gain.
Taverenr. 2.
Part. 170.
& Lynschotten.
(16.) It layes Punishment on Lawful Childbirths, and destroys Millions of Infants.
The Punishment of which, is Imposed on the Childbirths of every Woman, who hath not first been before a Priest in a Temple, and told all the Boys in the Parish, That she hath a mind to lye with a Man, is to be Exposed to Poblick shame in a White Sheet, in the same Temple; and the Boys aforesaid,
The cause of Penance in a White Sheet is only for the gains of the Bishop. to make Mops and Mowes at her, though they might better be Imployed in saying their Prayers after the Priest; the Persons on whom this shame is to be Imposed, is Principally the Mother of the Child, but reflected by p
[...]rticipation on her Parents, Family, Kindred, and her Innocent Child it self. The Fi
[...]al Cause why this Shame is Imposed, is, that the Bishop may inforce her to give him what Commutation Money he pleaseth to Demand, for his Remission of this Penance, and Pardon of her Sins, and that he may have Power to set
[Page 235]what Taxes he pleaseth on Gods Ordinance of Marriage, and all Acts incident to the same, which ought to be free, and thereby set to Hire and Sale, all Women Lawful and Unlawful; and the Successions not only to all private Patrimonies, but Kingdoms, and thereby fill his Chests with Gold and Silver.
The Sin or Offence, for which the Punishment is Imposed, is Childbearing and nothing else, whatever is pretended; which is proved by these Reasons:
(1.) If he say, That he punisheth the Mother for disobedience to his Ecclesiastical Laws and Canons, in not Publishing her Intention to Marry, to the Priest in the Temple, and the Boys in the Parish, and, what is the bottom of the Business, not paying him his Fees for Publication according to the Canons. This is easily Answered, by asking who made him a Legislator, and Canon-Maker, over a Free People and their Children? This already is before proved, That neither Ecclesiastical nor Temporal Law can be made, nor Tax imposed on Marriage, or any thing else, without the Assent of the House of Commons, and that was never given to any Papal or Episcopal Laws or Canons; as hath been already proved. And as hath likewise been proved, All Ecclesiastical Laws and Canons, made by any Popes or Bishops, Councils or Synods, from the beginning of the World to these presents; in regard they never had the Assent of the House of Commons in Parliament, are utterly Void and Null, to bind the People or their Posterity.
No Law in
England for standing in a White Sheet. So there being not so much as a Law of Man in
England Prohibiting Marriage, without a Priest and Temple, under the Penalty of standing in a White Sheet; and there being no Law, there can be no Offence Besides, if there were such a Law, it is already before shewn that all Laws Prohibiting Marriage (Except by a Priest in a Temple) are the Doctrine of Daemons, and came Originally from Daemons and the Priests of
Priapus and
Venus, and Contrary to the Moral Law of God and Nature; the Bishop hath therefore no pretence to Punish the Woman for that.
(2.) There are no other Offences in Bearing a Child which a Woman can commit, but breach of Contract, Incest, Fornication or Adultery. As to breach of Contract and Incest, the Bishop punisheth Persons Free, and not Prohibited by any Law of God to Marry: As to Fornication and Adultery, the first Offence cannot (as hath already been shewn) be Committed without Polyandry in the Woman, and the second without Polygynecy in the Man; But the Bishop punisheth her who bears a Child, though the Father and Mother were no way Prohibited to Marry by any Law of God or Man, and they were at the time of Begetting the Child both Virgins, and neither Guilty of Polyandry
[Page 236]or Polygynecy, and so still continue Chast and Constant one to another: The Bishop therefore punishing such a Woman, doth punish her for Child-Bearing, or for nothing.
(3.) There is no Probation, by two or more Witnesses, of any Offence but Child bearing; and Probation by Compulsion of the Woman to self-Accusation, or by Compulsion of Canonical Purgation are unlawful. The Bishop therefore punishing such a Woman, if he punish her not for Child-bearing only, he punisheth her for Facts whereof he hath no Lawful Probation.
It being therefore proved, That the Bishop punisheth Lawful Childbearing: It appears further, That he punisheth the Lawful more than the Unlawful; for such Women as are common in Stews or Brothels seldom bear a Child, as hath been shewen before, and such Women as are Married to Husbands (and therefore can only be Guilty of Adultery) if the Husband be within the Four Seas of the time of Begeting the Children on their Wives by Adulterers, it hath been shewen already, That
Littleton and
Coke, will by Fiction have it be believed that these Adulterous Children were got by the absent Husband, And that
Probatio non admittitur in Contrarium, whereby Marriage by a Priest in a Temple is made a Sanctuary for Adulteresses, and for Adulterous Child-bearing they are Exempt from punishment, but the Poor Lawful Child-bearing Woman, against whom there is neither Fact nor Probation of any Crime to be shewen, is the Chief Subject of the Bishops punishment: a Fact so Barbarous, as not to be parallel'd in the Example of
Turks, Tartars, Americans, or any
Ethniek Nation; Except
Gaeramantes, who have a wicked Custom, that if any Married Woman Procreate more than three Children, she shall be Divorced from her Husband, because a Multitude of Children caused Men to have Covetous hearts; and besides the Divorce of the Mother, such Supernumerary Children were to be slain before the Parents eyes. But Bishops are worse than the
Garamantes, for they punish though but one Child-bearing, whereas the other punish'd not till after. Three, and exercise those Inhumanities for their Gain against Child-Bearing Women, which the Scripture Prohibits to be Exercised to the very Brutes,
Deuter. 22.6.
If a Birds nest chance to be before thee in the way in any Tree, or on the Ground, whether they be young ones, or Eggs, and the Dam sitting upon the Young, or upon the Eggs, thou shalt not take the Dam with the Young. But thou shalt in any wise let the Dam go, and take the Young to thee, that it may be well with thee, and that thou mayest prolong thy days. The Bird is not any wise to be punished for this Natural Piety to her Young, but to be set at Liberty and let go, and that they may Defile their Marriages by the
[Page 237]Example of the
Garamantes with Blood, as they do by Example of
Priapus and
Venus with uncleanness, they most Cruelly, to that Misery Nature hath Imposed on the Mother in Sorrow to bring forth, (though of it self of pains Equal with Death, and oft ti
[...]es brings Death) add their Punishment of Exposing the Mother to Publick Reproach and Shame, which to the Modest is worse than Death. And by how much the more Modest the Mother is, by so much the more easily is she tempted by the Devil, with a
Praestat Emori quàm per dedecus vivere, to destroy her Infant to cover her own shame and his. Pope
Gregory intending to Fish in a Deep Pond in
Rome near a Nunnery, the Water being let out, found therein above Six Thousand Sculls of Infants:
6000 Infants Skuls found in a Fish-pond. so the punishing of Child-bearing Women, and Prohibiting Marriage (Except by a Priest in a Temple) under this Infamous Punishment, contrary to the Law of God, and according to the Law of Devil, who was a Murderer from the beginning, caused the Destroying of these Six Thousand Infants; and were all the like Instances recited, which for Brevity are here to be omitted, it would appear, That this punishing of Child-births because the Mother went not first to a Priest in a Temple, hath Murderd Millions of Babes, and is the true Popish
Limbus Puerorum Translated into the
Romish Church from Hell, according to the Poet,
Continuo auditae voces vagitus & Ingens
Infantumque animae flentes in Limine primo
Quos Dulcis vitae Exortes & ab ubere raptos
Abstulit atra dies & funere mersit acerbo.
Virg. Aen.l. 6.
And these Papal and Episcopal Destroyers, make the Child-bearing Woman justly take up the complaint of her Described;
Jer. 4.31.
I have heard a voice of a Woman in travel, and the anguish as of her who bringeth forth her first Child, that bewaileth her self, that spreadeth her hands, saying, wo is me now, for my Soul is wearyed because of Murderers. Surely these Bloody Legislatours must have a Dreadful account, who make Laws, for their gains, to destroy the most Innocent of all Creatures, little Children,
Luk. 17.1.2.
Then said be unto his Disciples, it is impossible but offences will come; but wo unto him through whom they come: It were better for him that a Milstone were hanged about his neck, and he cast into the Sea, than that he should offend one of these little ones. O how far, in this, is the Practice of such as call themselves Christians different from the Doctrine of Christ?
Matth. 18.2.
And Jesus called a little Child unto him, and set him in the midst of them, and said, verily I say
[Page 238]unto you, except ye be Converted, and become as little Children, ye shall not enter into the Kingdom of Heaven. And vers. 6.
Whoso receiveth one such little Child in my Name, receiveth me. But alas / how doth this corrupted age receive such a little one? They receive him indeed as He Himself was received,
Matth. 26.55.
In that same hour said Jesus to the multitude, Are you come out as against a Theif, with swords and with staves for to take me? But this was not the Receiving he intended, of a little one; though now, amongst those who profess his name, no sooner doth God send a Child to be born in a Parish, unless the Mother bought a Licence of the Bishop to bear him, and bought (which none but God can give, more than the Child) the Benediction of a Priest in the Temple, but the whole Multitude presently rise with swords and staves, and are all in Arms against a poor naked Infant, weeping and wailing as the first tast of his misery, to be born into so wicked a World, and against the more miserable Mother, like the Dam sitting on her Young, whom they throw into some Dung-Cart, or other filthy Carriage, to draw her and her Child out of their bounds; and unless she is Rich enough to hire a House of Ten Pounds
per annum value, they will not suffer her to come into it. Oh Prodigious Oppression! Oh Antichristian Cruelty! What benefit now have the Poor, who have not Ten Pounds
per annum of the Gospels? the whole Land is in Hostility against them, they will neither suffer them to enter into their Parishes, nor their Churches; what benefit have these hundreds of thousands (who have not ten Pounds
per annum) of
Magna Charta? What of the Petition of Right? The Foxes have holes, and the Birds of the Air have nests, but the Woman with Child, like her pursu
[...]d with the Dragon,
Rev. 12.2.
Cryed, travailing in birth, and pained to be delivered. (Quis talia fando temperet à Lachrymis?) hath not where to lay her Young, her Child unborn, by reason of Papal and Episcopal Laws, which are the flood of Waters cast out of the mouth of the true
Romish Dragon,
heu miserande puer! damnatus antequam natus.
Hospitals to prevent the Murder of Children not born under Popish Matrimony. There are Hospitals in
Italy and
Spain, and many other places of large Revenues, to which Mothers who have Children without the Popish Ceremonial Marriage of a Priest in a Temple, may by night secretly bring or send their Babes, who shall be their Received, Alimented, and Educated without knowledg or enquiry by Bishops Citations, or Justice of Peace's Warrants; and there is now one in
Paris by the name of
l' Hostle pur les Enfantes troves, or the Hospital of Infant Fondlings, wherein there are now no less than four Thousand. But in
Great Britain there is not the least Relique of any such Charity, but on the Contrary most cruel Laws made, to punish Mothers for
[Page 239]bringing forth Children, the most part of them lawfully joined to men according to the Moral Law of God, only on pretence of prohibition by Papal and Episcopal Laws, and their Doctrine of Devils, contrary to the Law of God, whereby they may get Money, the wicked Price of Blood, and of the Blood of those who are of all other the most Innocent, the blood of Infants; and are so far from providing Hospitals for Babes when they are born, that they will not in
England suffer their Mothers to bring them (as is already said) to an House of their own, if not of the Value of above Ten Pounds
per Annum; and so far from being Fathers to the Fatherless, that by their inhuman prosecution of the Punishments of those Cruel Laws, against Babes born of Parents not licensed by the Bishop, and benedicted by a Priest in a Temple, they make th
[...] Child, for whom God had provided Parents, (by compelling them to flie from him for fear of their own punishment,) both Fatherless and Motherless, or (what is more horrible) to be Murder'd by them who would have otherwise as affectionately preserved him, as all other Natural Parents and Creatures, both Human and Brutish, do their Young. Oh is it not a sufficient misery for an Infant to be born, unless he is likewise pursued to be destroyed by the Cruelty of Ecclesiastical Monsters, and hurried from the Womb to the Tomb of their
Coemeterial Aceldamas, before he knows any thing of Life but Misery? if Bishops pity him not, let
Lucretius do it, to their shame, though an Atheist.
Tum porro Puer ut Saevis projectus ab undis
Navita Nudus humi jacet Infans indigus omni
Vitali Auxilio, cum primum in Luminis oras
Nixibus ex alveo Matris Natura profundit
Vagitu
(que) locum Lugubri complet ut aequum est
Cui tantum in Vita restat transire malorum.
Like Shipwrackt Mariners, the Child at Birth
Cast from Rough Seas, lies Naked on the Earth,
Wanting all Vital help, when first from throws
Of Mothers Womb Nature doth him disclose:
He Weeps and Wails, not without cause alas,
Why so much Evil in this Life must pass.
All Mariages lawful, not prohibited by the Moral Law of God.All these Murders of Children would cease, better than by a Thousand Hospitals, if only this wicked Ceremonial Law invented by him who was a Murderer from the beginning, forbidding to Marry without a Priest in a Temple were abolished, and all Marriage Publick or Private
[Page 240]not prohibited by the Moral Law of God, and Consummate by the birth of a Child, Established to be
Sine poena aut Infamia, as they ought in Truth and Right to be.
(17.) It caused the
Parisian Massacre of an Hundred Thousand Protestants.
Why Protestants should Idolize this Ceremonial Snare of Compulsion to Marry by a Priest in a Temple, whereby the Papists with their Female Elephants hunt the Males to their destruction, in the same manner as the Priests of
Baal-peor did the
Isaelites, is strange.
Numb. 25.1.
And Israel
abode in Shittim,
and the People began to commit Whoredom with the Daughters of Moab.
And they called the People unto the Sacrifices of their gods: and the People did eat, and bowed down to their gods. And Israel
joined himself unto Baal-peor:
and the anger of the Lord was kindled against Israel.
And the Lord said unto Moses,
Take all the People, and hang them up before the Lord against the Sun, that the fierce anger of the Lord may be turned away from Israel.
And Moses
said unto the Judges of Israel,
Slay ye every one his men, that were joined unto Baal-peor. And besides those who were Slain by the Sword,
Verse 9.
Those that died of the Plague were Twenty and Four Thousand. I am here to speak against the mischiefs of Compulsion of Protestants to two Popish Sacraments, to both of which this
Priapeian Ceremony of Marriage by a Priest in a Temple, is a
Causa sine qua non, which two Sacraments, one of the Host, and the other of Marriage, are the two fatal Banquets to which the Catholick Lady useth to invite the imprudent Protestant, who hath learnt only the Innocence of the Dove, but not the Wisdom of the Serpent. Their first Sacrament which is of Bread, they have transubstantiated into Poison; their second Sacrament, which is of Marriage, they have transubstantiated into Blood; of the first, these Examples follow.
The Emperor
Henry the Seventh was Poison'd in the Sacrament of the Lords Supper,
Popish Sacrament of Bread Tan
[...]bstantiared into Poison. by a Frier of the Order of St.
Dominick, and thereof died the same day. Perhaps one Reason why the Papist Priest Administers not the Wine to the Laity, but only the Bread, may be, because if the Priest should Poison the Wine, he drinking thereof first, might Poison himself as well as his Guests, and his Friends as well as his Enemies; but he may divide the Bread in Wafers or Morsels, such as are Poison'd, to the Parties he designs them, and such as he appoints for bits of a Passeover to the rest. But it is certain the Priest may do what he will, and whether he Poisons Bread or Wine, neither Prince or Subjects
[Page 241]have their Tasters of either; and it is very hard therefore either should be compel'd to receive it of any Priest, except of their own Election, as to Person and Place, though but once a Year; and very improper and dangerous it is for a Test between Papist and Protestant, seeing it cannot be known whether the Priest who gives it be a Papist or no, for if he be, he will not spare Poison, if he can thereby reach his designs, on his own Religion, as appears in the Examples following, much less on a Protestant.
Lavaterus tells of a Frier at
Berna, who was endeavour'd to be deceived by his Companions, who made counterfeit Apparitions of the Virgin
Mary to him in the Night, that he might become an Instrument by divulging his Visions, and the Revelations in them, to confirm their Superstition amongst the People, but it seems they were but Novices in the Art of Counterfeiting, and were so ill attired, or Acted so ill upon their new Stage, that though the Frier was but a Block-head, he perceived by the voice it was the Sub-prior in Womans apparel, who personated to him the Virgin
Mary; they being therefore fearful he should detect their Knavery, attempted three times to poison him in the Host or Sacrament, and the third time he swallowed it, and vomitted it up again, hardly escaping with life, which made the
Bernoyes begin not to think the Sacrament the Body of Christ, which was so often turn'd to Poison.
Prince
Visnorisky who was a Protestant of the
Greek Church, about the Year 1616. having prepared at
Christmas to receive the Communion after their manner, the Priest who had usually served him in that Devotion being corrupted with Money by his Enemies, poison'd the Bread, which the Prince having received, he suddenly fell sick, and his Torments were so violent, as he died the next day; this bred a suspicion that he had been poison'd, whereupon the Priest was apprehended, who presently confess'd he was guilty, and had been procured by his Enemies; whereupon the Priest was Executed, being bound in a Chair of Copper Wire, and Roasted to Death,
Turk. Hist. 1350. These few are discover'd to Men; but who can Imagine but a greater multitude of these Wickednesses are committed by such as are so studied in the Art of Poisoning, which remain in secret and undiscover'd, and are therefore reserved to the just Judgment of the All-knowing God?
Popish Sacrament of Marriage transubstantiated into blood.Of the Second, which is the Popish Sacrament of Marriage transubstantiated into the Blood, take the Example following of the Infamous, Perfidious, Cowardly, Traiterous, Diabolical, and worse than Barbarous and
Pagan Parisian Massacre of an Hundred Thousand Protestants, under Faith and Oath given of safe Conduct and Peace, and on Solemn
[Page 242]Covenants of Marriage,
Anno Dom. 1572. This base Practice of the
French Papists, who found themselves too weak in the Field to injure the Protestant, of Circumventing him by Perjury, and breach of Faith and Covenant, the most Sacred Obligations of all humane Society, is very well, and more at large displayed in a Relation but lately Printed, 1678. out of
Mezeray Thuanus, and other approved Authors, of which, with what Brevity I can, I shall only touch Heads.
Pa
[...]isian Massacre of Protestants intrapped by a Marriage.The
French King after Ten Years Civil War, was advised to set on foot a Treaty of Peace, not so much out of any design to quiet matters, as to ensnare the Protestants in some fatal Trap, in which they might be safely and easily destroyed; the first Bait to be offered was, the Marriage of the Lady
Margaret the Kings Sister, to
Henry King of
Navar, and if that succeeded not, they were to invent still a new Plot, till they found that which would do the Business, a Peace was therefore concluded with the Protestants, by which the free Exercise of their Religion was granted them, some Cautionary Towns were also put into their hands to be kept by them two Years, till there were a full settlement made of the Edicts, and the other things agreed to for their Security: the next Progress in the Treacherous Design was, when a Confidence was begotten on the Faith and Covenants of this Peace in the Protestants, then to draw the chief Heads of the Party to the Court, and they being so flatter'd into their compass, they had the Power whensoever they thought fit, to surprize and destroy them as they pleased; the Protestant Admiral
Coligni, was the first whom the King with a Counterfeit Countenance and Promises, and great Donatives, drew to Court; the Queen of
Navarr
[...] was next drawn thither, but soon after died, as was generally believed of Poison, that was given her in some perfumed Gloves; to conceal which, the Chirugions that open'd her, would not touch her head, pretending that she died of an Imposthume in her side; the Cardinal
Castilion was also at that time poison'd, which though after confess'd by him that had done it, yet was not then so much as suspected; the King of
Navarre and Prince of
Conde were then drawn to Court, and received with all the signs of Friendship could be invented; a Dispensation was obtained from the Pope for the Marriage, and the chief Heads of the Protestants were all drawn to
Paris, on pretence to assist at the Solemnities of the Marriage; on the Seventeenth of
August the King of
Navarre was Married, and four Days were spent in all the Bravery of Diversions that are usual on such occasions, but were now performed with more than ordinary Magnificence and Joy, there was but one part of the Kings deportment which could give any ground of Jealousie, which were the horrid and Blasphemous Oaths and Imprecations, which
[Page 243]he made Use of on all occasions, to persuade them of the Reality of his Professions, which always raise suspitions in sober and wary Persons; these the King used so frequently, that the Writers of that time say, he seldome spoke three words without some Terrible Oath, or Blasphemous Expression; but it was now high time to Execute his Design, not valuing his Oaths, the Duke of
Guise was therefore put upon it to get the Protestant Admiral Assassinated, who imployed therein one
Maurenell who had formerly Assassinated another Person for him; this Rogue he placed in the House of one who had been his Tutor, near St.
German of
Auxerre, where the Admiral used to pass, as he went or came from the
Louvre; therefore on the Twenty Second of
August about Noon, as the Admiral was going home from the Court reading a Paper that he had in his hand, the Assassinate that was laid for him shot him, from the House where the Duke of
Guise had placed him; his Fury was charged with three Bullets that were believ'd to be poison'd, one of these carried away part of the Fore-finger, the other struck in his left Arm, the third missed: The King was in the Tennis-Court when the news was brought him, and Personated a deep Resentment, and said in a Tone seeming full of Affliction, and with a Terrible Oath,
Shall I never have quiet? and so threw away his Racquet, and went out in a Rage. The Duke of
Guise did also counterfeit some Surprize. The King of
Navarre and the Prince of
Conde came to the King to complain, and desired his leave to go out of Town, seeing men were not safe so near the Court; the King seemed more to Resent it than they, and with the most horrible Oaths that he could think of, Swore, he would Execute such Revenge on all that were found guilty, as should never be forgotten, and desired them to stay, and be witnesses of it, and visited the Admiral who lay sick of his Wounds, with great shew of condoleing his misfortune; but in short, after all these, and many other counterfeit Shews, a Council is called by
The Most Christian, most Perjured King, wherein it was Resolved, That not only the Persons of Quality of the Religion should be killed, but every one of what condition soever of that Profession, should be Massacred; and amongst them violently was moved that the King of
Navarre and Prince of
Conde should run the common Fate of the rest, till with much ado moderated, by another Party, that they should be only enforced to change their Religion, and the Conduct of the whole Business was committed to the Duke of
Guise, to destroy all the Protestant Hereticks through the Kingdom, who first ordered a strong Guard to be set about the places where the Admiral and his Friends Lodged, that none might escape, and to have a multitude of Torches and Flambeaux ready, only to light out of their Windows; and
[Page 244]a multitude of Soldiers, whose Sign should be a White Linnen Sleeve on the left Arm, and a White Cross in their Caps, and the pretence was, that these should shew the King a Divertisement in the Night; in the Counterfeit Assaulting of a Fort, and the time appointed for the Execution was at Tolling of the Great Bell of the Palace, which should be done near the break of Day, and then they were to light their Torches and March, the Signal was given the Morning of the 24th. of
August, St.
Bartholomew's Day, being Sunday, part of the Soldiers are sent to the Lodgings of the Wounded Admiral, to go through with the Murder begun, and Seven breaking into his Chamber all Armed, there killed him, and the Duke of
Guise being below the Court, bid them to throw him out of the Window, which was done, and either the Duke, or the Count of
Angoulesme (for it is differently reported) wiped his face, for it was disfigured with Blood, to know if it was be indeed, and perceiving it was, trampled on his Belly, and went away; an
Italian cut off his head, and carried it to the Queen Mother, and then embalmed it, and sent it to the Pope; then all the Ignominy and Barbarity possible was exercised on the Dead Carcass, his Fingers and Hands were cut off, his Body dragged about the Streets, thrown into the Seine, and hanged up in Chains his Feet uppermost, and a Fire was set under to burn, which only Roasted, and consumed it not; here the horrible Massacre began, and ended not till it had run through the whole City, and Countrey, with all the most Hellish Butcheries could be devised, one would cut off the Nose, another the Ear, a third the Hands, a fourth the Arms of the same Party, before they would be so merciful as to kill him. No Degrees, Age, or Sex spared, Young or Old, Infant or Suckling, and a single Death satisfied not, till they made them die many Deaths, and till, as is Estimated, there were destroyed an Hundred Thousand Innocent Protestants. The Cruelty of which, was so abhor'd by the Soldiers themselves, that many of them endeavour'd to save many of the Protestants; for sure of all Men the most Valiant are the most Merciful; but the more than
Feminine Cruelty of the
Babylonish Bishops, which they derived from the Woman who sate on the Beast, so set on the Multitude, as made them worse than all the wild Beasts in the World, which justly gives cause of Abhorrence against Episcopal Compulsion to Marry by a Priest in a Temple, the same being the means without which this Perfidious and Bloody Massacre could not have been Effected.
Why the
Ottoman Emperors Marry not by a Priest, or in a Temple; and of the Bloody Murders ensued of the Sons of
Solyman the Magnificent by breaking the Custom, and being drawn by the Deceit of
Roxolana to Marry her by a Priest.
The Reasons why the Grand Seigniors Marry not themselves by a Priest, or in a Temple, or by a Magistrate, or with any other Publick Solemnity, but only make Use of Private Natural Marriage, are, (1.) It prevents the great Charge of a Dower or Jointure, which
Turkish Emperors are bound to give their Queens who are Married by a Priest; for as
Withers Relates, amongst the Grand Seigniors Seraglio of Women,
Marriage made by the first birth of a Child, and not by words of a Priest. she is esteemed Empress who brings him the first Son, and they were formerly Married before the
Mufti, or Arch-Priest, which was only to give one another their Assent before him, and he to make an
Hodget or Note in Writing of it, and of the Dower the Emperor was to give her; which, except as to the Dower, was no other than as our Certificate of the Bishop, touching which
Selymus being Uxorious, and having given in his Marriage Five Hundred Thousand Chequins a Year to his Queen, made a Law, no Successor, if they Married, should give less than he had done to their Queens; whereupon the Emperors succeeding forebore, and it grew out of fashion to Marry by the Priest, to save their Dower and other excessive Expences incident to Publick Marriages of Princes, and had thereby likewise their Queens far more obsequious than before, they thereby depending wholly on the Love of their Husbands to give them what they pleased, according to their merit. (2.) By not Marrying by a Priest he is clear from all Burden of Allyances of his
Sultana, Poor or Rich. (3.) The Grand Seignior thereby regained into his own hands the
Patria Potestas belonging to every Father, of being Judg who were his own Children, which had been by his Superstitious Predecessors unwarily Alien'd to his
Arch-Mufti or Arch-Bishop; for by giving him Power by his
Hodget or Certificate to declare the Marriage, there followed as incident thereto the Arch-Bishop's Legitimation of his Children, and Declaration of his Heir Apparent and Successor. Then further, the
Mahometan Law allowing Plurality, if Married by the Priest they could not be Married altogether, but one after another; or if they were, a Child of a Woman Married after might come sooner, which Priority of Marriage by the Mother would have destroyed the Custom of Primogeniture of the Son first born of any Wife, whether the beloved or hated, or first Married, or after Married, so (4.) he kept
[Page 246]the Right of Primogeniture and Peace in his own Family, which if he having an Elder Son by a first Wife, not Married by a Priest, should have a Younger Son by a Second Wife Married by a Priest, this pretence might cause Murder or Civil Wars between his Elder and Younger Sons, one standing on his Right of Primogeniture, and the other on the
Hodget or Certificate of the Arch-Bishop, of
Prior Marriage of the Later Mother by the Priest; as happen'd in the Example of
Solyman the Magnificent, and
Roxolana, Turk, Hist. 758. where it appears that
Solyman the Magnificent begot of his first Empress, (a
Circassian Bond-woman, not Married by a Priest)
Mustapha his Eldest Son, who proved a Prince of great Excellency, and most dearly beloved by the Army and People; after,
Solyman according to their Custom of Plurality of Wives grows wanton, and begets four Sons more of
Roxolana, another of his Bond-women, namely
Mahomet, Selymus, Bajazet, and
Tzithanger, and one Daughter called
Chameria, Married to
Rustan the Great
Basha; Roxolana being her self a great Beauty, and having so fair an Issue, and a Potent Son in Law to assist her, and no obstacle but the Primogeniture of
Mustapha to make her own Son the Heir apparent of the Greatest Empire in the World, discover'd her self to be more adorned with Gold and Pearls than Vertue, yet counterfeits Religion to bring her Designs to pass, but first take the
Epigram by
Knolles subscribed to her Picture.
Fronti nulla fides, nulla est fiducia formae,
Pectore dum savo dira venena Latent.
Philtra viro Miscet fallax, miserum
(que) coegit
Sanguine natorum Commaculare manus.
No Trust there is to Face or Beauty, when
The Breast of Poison'd Serpents is the Den.
Her wretched Husband her Love-Cups untrue,
Made in his own Sons blood his hands imbrue.
This Woman, to begin her intended Tragedy under colour of Goodwill and Love, had procured
Mustapha the Young Prince, and his Mother, to be sent (as she pretended for their greater Honour and Estate) with a Princely Train and Revenue to
Caram
[...]nia, to Govern that Great Countrey; and having thus cunningly Rid the Court of the two Competitors both of her Love and the Empire, rested not so, but began straight way to plot in her malicious head the Destruction of him to whom all others wished Happiness; and though she had removed him far absent in his Person, yet the continually encreasing Fame of his Valour
[Page 247]Vertues and Perfections, seem'd to be still before her Eyes, and in her Ears, the great and only disturbance of her Desires, and Clouds which kept the Sun from shining on them; and doubting of any sufficient Assistants or Instruments amongst the Military Forces, in regard all the Soldiers were at the Devotion of the Prince, and not of
Rustan her Son in Law, whom they hated, though she had got him to be Chief Commission-Officer over them; she therefore fixes the other part of her hopes on the Priest, and Resolves to try what could be supplied by the Gown, which was defective in the Sword; and to prepare the way the better, she on a sudden Counterfeits her self to be very Religious, and having grown by the favour of
Solyman exceeding Rich, pretended, (as if it had been on a devout Zeal) for the health of her Soul, after the manner of their
Turkish Superstition to build an Abby, with an Hospital and a Church; which so Godly a purpose she imparted to the
Mufti, or Chief
Mahometan Priest, demanding of him if such works of Charity were not acceptable to God, and available to her Souls health? to which the
Mufti answer'd, That those Works were no doubt gratious in the sight of God, but nothing at all meritorious for her Souls health, being a Bond-woman, yet very profitable for the Soul of the Great Emperour
Solyman, unto whom, as unto her Lord, both she and all that she had appertained; at which answer of the great Priest she seemed to be exceedingly troubled, and thereupon became wonderful pensive and Melancholick; her Chearful Countenance was Replete with Sadness, and her fair Eyes flowed with Tears; her Mirth was Mourning, and her Joy Heaviness; which thing
Solyman perceiving, and sorry to see his Love upon Conceit so to languish, sent her word to be of good chear, and to comfort her self, promising in short time to take such a Course as should ease her of all her Griefs, of which she had made some discovery to him; which he did, solemnly Manumising her from her Bond Estate. So great a favour obtained,
Roxolana with great chearfulness began those Meritorious Works by her before intended, as if she had thought of nothing but Heaven, whereas indeed her thoughts were in the depth of Hell. While she had thus a good while busied her self in paving her way to heaven, as was thought,
Solyman, not able any longer to forbear the company of her in whom his Soul lived, after his wonted manner sent for her by one of his Eunuchs, who should have brought her to his Bed-Chamber; to whom she with Eyes cast up to Heaven demurely answer'd, That her Life and whatsoever she had was at her Dread Sovereign's Command, but again to yield her Body to his Appetite, she might not do, without great offence to the High God, and manifest breach of his Laws, which permitted her not now voluntarily to yield him that, being
[Page 248]a Free-Woman, which he before might without offence command of his Bond-Woman. And because she would not seem to use this as an Excuse, she referred her self in all things to the Grave Judgment of the Learned and Revern'd
Mufti, with whom she before had at full confer'd. This she did, presuming of the Sovereignty she had over the great Monarch, whom she well knew she had so fast bound, in pleasing Fetters of his Affection towards her, as that she was sure enough of him without a keeper.
Solyman Ravished with her Love, and the more for her denial, sent for the
Mufti, requiring his Judgment in the matter; who before instructed in all points, agreed with what
Roxolana had said, aggravating the Heinousness of the Fact, if he should proceed to enforce her as his Slave, who being now Free he might not without great offence touch unmarried; whereupon
Solyman more and more burning in his Desires, became a fresh Suitor to her for Marriage, whom he had so often before Commanded without it; which his Suite easily obtained (as the mark at which she aimed) he with all speed, to the great admiration of all men, and contrary to the manner of the
Mahometan Emperors, solemnly Married her by a Priest, which like the P
[...]pist's
Subsequens Matrimonium tollit Peccatum Precedens, Legitimates the Issue born before, for which the
Ambodexter Priest had (no doubt) a good Fee, both of the Emperor and
Roxolana, and he gave
Roxolana a Dowry of the Yearly Sum of Five Thousand Sultanies
per Annum; besides which Fees and Dowry, and his
Patria Potestas, of Legitimating his own Issue, and Peace of their Families, his wiser Predecessors had saved by Marrying themselves privately, without a Priest or Temple; but all these he lost by it; for
Roxolana grew now more busie than ever, to seek means to destroy the Prince; and to that end
Ruftan gives the Intelligence to the Governors of
Syria, That the old Emperor highly suspected the Prince his Son of aspiring to the Empire, bearing them in hand that the more suspitiously they writ concerning the Prince, the less suspitious the Emperor would be of his Governors; whereupon these Governors writing of the Princely Disposition, Wisdom, Valour, and Bounty of the Prince, whereby he courted and won the hearts of the Soldiers and People, and that it was probable he would at length thereby attain the Empire,
Rustan not daring to bring any matter on these Letters to
Solyman himself, brought them always to
Roxolana, and left the rest to be managed by her cunning and malitious head, who taking fit opportunity when
Mustapha was talk'd of, with Tears trickling down her Cheeks (which she could well Command) with aggravating these Letters, and other matters invented, told the Emperor in what Danger he stood, recounting amongst other things how
Selymus his Father had
[Page 249]by such means deprived
Bajazet his Grand-Father, both of his Life and Empire together, and therfore most instantly besought him, as though this had proceeded from her tender love, by that example to provide for himself. But these light matters seem'd to
Solyman of no sufficient weight to ground so dangerous a suspition on, so that she little prevailed thereby, which she well perceiving and grieved at, she converted her Cruel mind to other mischievious devices, and sought by all means how to Poyson the Innocent Prince, neither wanted there wicked Men for Reward ready to have performed all that she desired, had not Gods Providence withstood so horrible a Practice; for whereas certain Rich Apparrel was by her sent to him in his Fathers name; he fearing the worst, would not touch it before he had caused it to be wore by one of his Servants, by which curious wariness (as was thought) he at that time prevented the Treason of his wicked Step-dame, and discovered her malitious Practice. Yet rested she not so, but was still Plotting new devices, and at last got from the
Bassa who attended the Prince, certain Letters, wherein was contained that there was a Speech of a Marriage between the Prince and the King of
Persia's Daughter, which thing he thought good to give knowledg of to the Counsel, that if any harm should insue thereof he might be out of Suspition; with these Letters
Roxolana and
Rustan go both together to
Solyman, aggravating the danger of the Ambition of
Mustapha, who under hand sought Alliance with the
Persian, the old Enemy of the
Ottoman Emperours, and that he might by the strength of
Persia, and the
Sanzacks and
Janizaries, whom he had by large Gifts won to his service, deprive him in short time both of Life and Empire; and these Accusations they prosecuted with such continued Importunity, that they never suffer'd the Old Emperour to live quiet till he resolved to secure his own safety by the death of his Son, in this manner,
Anno 1552. He caused an Army to be Levyed by
Rustan, in pretence against
Persia, but indeed to surprize
Mustapha, and bring him bound to
Constantinople, and if he could not, by any other means to make him out of the way. And in the year. 1553.
Solyman himself in Person marches with the Army against his Son, but the Design could not be carryed so private, but
Mustapha had some intelligence of his Fathers Mortal, though undeserved hatred against him.
Solyman lying Incamped at
Aleppo, by Message commanded his Son
Mustapha to come unto him there. This cast
Mustapha into great perplexity of mind what to do, either to hazard his life by putting himself into his Father Power, or by flight or some other way to provide for himself; yet trusting to his own Innocence, though wonderfully troubled in mind, he Resolved, though
[Page 250]with the extremest danger of his life, to obey his Fathers command; thinking it more honorable to incur danger of death, than living to fall into foul suspition of disloyalty. In so great a perplexity of mind, after he had with himself much discoursed too and fro, what course he were best to take, at length he boldly and resolutely asked the Doctor, whom (as we have before said) he had always with him in his Court, whether the Empire of the World, or a Blessed life after it were more to be desired? To whom the Doctor frankly Answered, That the Empire of the World, to him that would enter into the due consideration thereof, brought with it no Felicity, more than a vain Show and outward appearance of Good, nothing being more frail and uncertain than Worldly Honour, bringing with it fear, vexation of mind, tribulation, suspition, murder, wrong, wickedness, spoil, ruin and captivity, with infinite mischiefs of like nature, not to be desired of him that would attain to true Felicity, by which means the Blessed life was to be lost and not gained: But they unto whom God had given the Grace rightly to Consider and Weigh the Fragility and shortness of this our Estate, (which the Common Sort deemeth to be the only life) and to strive against the Vanities of this World, and to Embrace and Follow an upright kind of life; had undoubtedly a place Assigned for them in Heaven, and prepared by the great God, where they should at length enjoy Life and Bliss Eternal. This Answer of the great Doctor, wonderfully satisfied the troubled mind of the young Prince, foreseeing as it were the approach of his own end: and so staying not any longer Discourse, forthwith set forward towards his Father, and making great hast, came at length to his Fathers Camp, and not far off pitched his Tents in the open field, but this his so hasty march the more increased the suspition, in the mind of his wicked Father: neither spared
Rustan in the mean time with his crafty and subtle devices to Augment the same; for by a sign given he caused the
Janizaries and chief Men in the Army to go, as if it had been for Honours sake, to meet
Mustapha; which they all without delay presently did at his Command, and so altogether set forward: in the mean time he the most crafty Varlet, with troubled Countenance (for he could notably dissemble) as a Man half dismayed, came in hast into
Solymans Pavillion, and falsly told him, That the
Janizaries and almost all the best Souldiers of the Army were of themselves without leave gon to meet
Mustapha, and that he feared what would ensue thereof. Which news so troubled the old Tyrant, that he became pale for fear, and going out of his Tent, and finding them gone, easily believed all to be true that the false
Bassa had told him. Neither wanted
Mustapha strange warning of his end so near at hand, for the third day before his setting forwards towards his Father, falling a sleep in the Evening, he
[Page 251]thought he saw
Mahomet his Prophet in Bright Apparrel, to take him by the hand, and lead him into a most pleasant place, beautified with most stately and glorious Palaces, and most Delicate and pleasant Gardens; and pointing to every thing with his Finger, to say thus unto him, Here rest they for ever, which in this World have led an upright and Godly life, following vertue, and detesting vice. And after that turning his face to the other side, to have shewed him two great and swift Rivers, whereof the one boiled with Water blacker than Pitch, and in them appeared (as he thought) numbers of Men wallowing and tumbling, some up, some down, crying horribly for Mercy; and there (said he) are Punished all such as in this frail life have been the malicious workers of Iniquity: The chief of whom (as he said) were Emperours, Kings, Princes, and other great Men of the World.
Mustapha awaking, and troubled with this melancholick Dream, called unto him his Doctor: and having told him all the matter, asked him, what the same might signify? standing a great while in a muse (for the
Mahometans are exceeding Superstitious, Attributing much to Dreams) full of Sorrow and Grief at length Answered, That this Vision (for so it pleased him to term it) was undoubtedly to be feared, as presaging unto him the Extream Peril of his life; and therefore Requested him, to have great care both of his Life and Honour. But
Mustapha, as he was of a notable Spirit and Courage, regarding nothing that Answer, stoutly Replied, What, shall I suffer my self to be terrified and overcome with Childish and Vain fear? Why rather hast I not Couragiously and Resolutely to my Father? and so much the more boldly, because I know assuredly I have always (as Reason was) Reverenced his Majesty, that against his will I never turned mine Eyes or Foot against his most Royal Seat, much less affected his Empire, except the most high God had called him to a better life, neither then without the General good likeing and choice of the whole Army, that so at length I might without Murder, without Blood, without Tyranny well and Justly Reign, and in Love and Peace inviolate live with my Brethren: for I have set down with my self and chosen, if it be my Fathers pleasure so, rather to die in his obedience, than Reigning many years, to be reputed of all Men, especially my Competitours, a Rebel or Traitor. Having thus said, he came unto his Fathers Camp, and pitching his, (as we have before said) suted himself all in White, in token of his Innocency, and Writing certain Letters (which the
Turks when they are about to go to any place of Danger use to Write, and always to carry with them (for they are wonderful Foolish in their Superstition) and putting them in his Bosom, attended upon with a few of his most
[Page 252]Trusty followers, came with great Reverence towards the Tent of his Father, fully resolving to have kiss'd his hand, as their usual manner is. But when he was come to the Entrance of the Tent, remembering that he had yet his Dagger girt to him, he entred not, till he had put it off; because he would not come into his Fathers sight with any Weapon, if happily so he might clear himself of his Fathers needless suspition; so when he was come into the more inward Rooms of the Tent, he was with such Honour as belonged to his Estate chearfully Received by his Fathers Eunuchs, but seeing nothing else provided but one Seat whereon to sit himself alone, he perplexed in mind, stood still a while Musing, at length asked where the Emperour his Father was? Whereunto they Answered, That he should by and by see him: and with that casting his Eye aside, he saw Seven Mutes (these are strong Men bereft of their Speech, whom the
Turkish Tyrants have always in readiness the more secretly to Execute their Bloody Butcheries) coming from the other side of the Tent towards him, at whose sight strucken with a sudden Terrour, said no more, but lo my Death; and with that arising, was about to have fled: but in vain, for he was caught hold on by the Eunuchs and Mutes, and by force drawn to the place appointed for his Death, where without further stay the Mutes cast a Bow-string about his Neck, he Poor Wretch still striving, and requesting that he might but speak two words to his Father before he died. All which the Murtherer (for no addition is sufficient Significantly to express his unnaturall Villany) both heard and saw by a Travers from the other side of the Tent: But was so far from being moved with Compassion, that thinking it long till he were dispatched, with a most Terrible and cruel Voice he rated the Villaines enured to Blood, saying, will you never dispatch that I bid you? Will you never make an end of this Traitor, for whom I have not Rested one night these ten years in quiet? which horrible commanding Speeches yet thundring in their Ears, those Butchering Mutes threw the Poor Innocent Prince upon the Ground and with the help of the Eunuchs forcibly drawing the knitted Bow-string both ways by the Commandment of a most wicked Father, strangled him. With like Barbarous Cruelty, he shortly after caused
Mahomet his Nephew (
Mustapha his Son) to be strangled also. This unnatural and strange Murther committed, he presently Commanded the
Bassa of
Amasia, Mustapha's Lieutenant to be apprehended, and his head in his own presence to be struck off; which done, he sent for
Trihanger, yet Ignorant of all that was happened, and in sporting wise, as if he had done a thing worth Commendations, bid him go meet his Brother
Mustapha: which thing
Trihanger with a merry and chearful
[Page 253]Countenance hasted to do, as one glad of his Brother's Coming. But assoon as he came unto the place where he saw his Brother lying dead upon the Ground strangled, it is not to be spoken how he was in mind tormented. He was scarcely come to the place where this Detestable Murther was Committed, when his Father sent unto certain of his Servants to offer unto him all
Mustapha's Treasure, Horses, Servants, Jewels, Tents, and withal the Government of the Province
Amasia: But
Trihanger filled with extream heaviness for the unmerciful Death of his well beloved Brother, spake unto them in this sort, Ah Wicked and Ungodly
Cain, Traitor (I may not say Father) take thou now the Treasure, Horses, the Servants, the Jewels, and the Province of
Mustapha. How come it into thy Wicked, Cruel, and Savage Breast, so ungratiously and contrary to all Humanity, I will not say the Reverence of thy own Blood, to kill thy Worthy, Warlike and Noble Son, the Mirrour of Courtesie, and Prince of Greatest hope, the like of whom, the
Othoman Family never yet had, nor never shall? I will therefore my self provide that thou, nor none for thee, shall never hereafter in such sort shamefully Triumph over such a Poor Wretch as I am. And having thus much said, Stab'd himself with his own Dagger in the Body, whereof he in short time dyed: which so soon as it came to the Old Tygers Ears, it is hard to say how much he grieved. His dead Body was by his Fathers Commandment carryed from
Aleppo in
Syria, to
Constantinople, and afterwards Honorably buried on the other side of the Haven at
Pera.
Hence appear the two great benefis the
Ottoman Emperors receive from not medling at all with the Priest, either in Coronations or Marriages, but as to the first, rather wear no Crown at all, and are content with a Turbant, than receive it from them or their Unctions; and for their Marriages, take what Wife they like in Private, without them, or their Solemnities. For first the sparing a Coronation and likewise the Solemnity of any Marriage (which cannot avoid, if publick by a Priest, the forementioned Excesses of Apparrel, Tilting, Turneaments, Masking, Gluttony, Riot, Drunkenness, Dowers and Gifts, on the Coronations and Marriages of so great Princes) saves him a Vast some of Money to his Private Treasure; and what is a greater benefit than the other, secures his Supremacy against the Ecclesiastical
Mufties and Caliphs, who can make no pretence to depose him, or take from him or his Successors that Government, which they never gave him, nor he would receive from them, or his Sons from their Unctions or Certificates.
(12.) They proceed to Judgment in the unknown language of Law-Latine.
That the
Romish Bishops and Priests were the first who brought Latine into Churches, and compelled the People to Pray to God in any Language they understand not, I suppose none will doubt: and I cannot think any will oppose, but grant, these likewise were the first who brought the same Barbarous Latin, both into the Spiritual and Temporal Courts, they themselves being at first the chief Judges and Clerks of both. It will not likewise be denyed that
William the
Norman was the first who brought in his Barbarous
French to this Nation, and if we consider no further than that the Authors of these two Languages were Forrein Enemies and Papists, I see no Reason any Protestant Divines or Lawyers have (except filthy
Lucre) to be so fond of them as to continue such Exotick Gibberish, to be not the least corruptions of our Religion and Justice, and snares of Liberty and Propriety, and somtimes of Life it self.
The final causes therfore which induce these uncouth and crabbed Languages and Characters, both of Court and Chancery hands, have been and are very wicked. (1.) One cause for which the
Roman, and likewise the
Norman (who was the others Ape) put the Forms of Judicial proceeding into unknown Languages, was, to intrap the People.
Bak. Hist. 27. (2.) It hath been continued by Judges and Officers of Courts, to Monopolize the Trade of Law. (3.) That
Ignoramus and
Dulman, who had not been at Shool long enough to learn true Latine, might write half Words and Dashes, which the Country Men might not be able to understand, and laugh at
Scribe cum Dasho & bene est. (4.) That motions at Bar and demurrers and arguments in Law may multiply and cut out the more Work for Counsel; for often times many a Term is spent in Babling about the pedigree of a false Latine word, Coin'd by
Dulman, to derive it as high as a Radix, which grew in Babel, and when they have done that, as great a Task they have to make it agree with his
Anglicè, whereby all the Cost, and many a good Cause is lost, because the Clerk could neither Latine nor English right. (5.) But when there is a Mis-prision or Mis-pleader by reason of a Language the Clerk understands not, what a World of money will it cost his poor Client, to get an Amendment for him of one, or Repleader of the other? The best Counsel in the Town must be Retain'd, and they must spend at least a twelve month from Term to Term, before they can be all heard,
Pro & Con, to repeat over all the
[Page 255]Acts of Parliament since
Magna Charta, and all the
Rotulo's in such a
Hillary and such a
Michaelmas Term. And all the Bundles in
Ragman-Bag, and all the Records in the Tower, to the amazement of the Poor Countryman, who keeps Twitching them by the Sleeves, and Crying out like him in
Martial,
Non de vi ne
(que) caede, nec veneno
Sed lis est mihi de tribus capellis;
Vicini queror has abesse furto,
Hoc Judex sibi postulat probari.
Tu Cannas Mithridaticumque bellum
Et perjuria Punici furoris
Et Sullos, Mariosque, Mutiosque,
Magna voce sonas, manuque tota.
Jam dic Posthume de tribus Capellis.
For Poyson, Force or Slaughter I not sue,
But for three Sheep taken by Trespass new;
My Neighbour took them, and doth make denyal,
The Judge demands to have it brought to Tryal.
You talk how
Scots did on the Bishops fire,
And
Presbyters reliev'd by
Cromwel dire;
And how they Perjur'd broke the Covenant,
And
Independents thereupon did rant.
With tongue and hand why such a Coil d'ye keep?
Pray Sir please now to speak of my three Sheep.
(6.) That they may conceal in a Cloud the Fictions, Falsities, Formalities, Unnecessariness, Absurdities, Repugnancies, Confusion and Injustice of their Proceedings; which if Intelligible to the People they could neither avoid the Shame nor the Reformation.
Francis the first for a sum of Money Commanded the
French Laws, Pleadings, and Proceeedings should be in the
French Language, which were before in
Latine; and this so pleased the People, that they said the same was the first year wherein the Kingdom was out of Wardship. But here note the Covetousness of the
French King, who would not ease his Subjects of that Wardship which laid much misery on them, but yielded not him a Penny profit, without a great sum of Money; for he had never learned
Nulli vendemus Justitiam, but put them to buy at highest every bit of Justice, which would have cost him no more than a word of his Mouth, to have given freely. Our Noble King
[Page 256]
Edward the Third 36.
E. 3.
cap. 15. intended freely to have Infranchised his subjects from the slavery of a strange Language, but he not being acquainted with the Terms of Judicial Proceedings (as what Prince can be when kept in an uncouth unknown Tongue?) the Bishops and Clerks deceived him, as they have done in most Acts of Parliament wherein they found themselves Concern'd, and set a Fair Title on the Act, and only changed
French into
Latin for their own profit, and not for the Peoples Benefit. Three sorts of Letters and Characters there are Illegible. (1.) Such as are Antiquated in the same Nation; As the Letters and Characters of the
Germans, Gauls, Spaniards, and of other Nations perished by Introducing the
Roman Letters and Characters; and their Tongues become Mixed and Corrupted, and no longer than between the First and Second
Punick War, tre
Roman Language was so chang'd, that the best Antiquaries in
Rome could not understand the Articles of Peace made between the
Romans and
Carthaginians, at the conclusion of the first War. So
Horace, though a Learned Poet in his own Countrey-Language, confesseth he understood not
Carmen Saliare made in
Numa Pompilius his Reign. (2) When they are the Letters or Language of a Forreign Nation. (3.) When they are Letters nor Language of any Nation, but made by Confederacy between some Party or Sect of Men in the same; such are Private Cyphers of Intelligences, and Lawyers Latine, Terms of
Metaphysicks, School-men, Physitians, and Others, who seek to obscure their Trade for their Gain.
Fortescue P. 112. makes the reason why the Laws of
England were not taught in the
Ʋniversities, to be, because the Judicial proceedings were in
French, and Lawyers Latine, and Court hand, and Chancery, which the University-Men did not understand; and yet (what is more strange) there were none then but Clerks or Clergy who had the chief ordering of those Courts of Equity; which doth not appear for what Reason it was, unless it was in Revenge by the Layety against the Clergy, As they sent them to Hell by forcing them to Prayer in Latine they understood not, so they would send them to Hell too by forcing them to do Justice in Latine they understood not.
It appears by the Statute of 3.
R. 2.
Cap. 3. Of
Premunire, That the
Pope used to place Forreign Priests in Benefices of a Forreign and strange Language, with whom the People could not Converse, but as long as the Prayers were in
Latine it was no matter whether People or Priest understood them,
Latine Pleading worse than
Latine Prayer. or one another. And the Truth is,
Latine Pleading is worse than
Latine Prayer; for none can be hindred from Praying to God in
English, but from Pleading he may to a Judg. So to keep
Latine in Courts, keeps all in readiness to bring it again into
[Page 257]Churches, and to turn out the
English and Foreigners into both. This is very mischievous in many respects, for, first, when a Writ comes to a Bishop himself he understands it not, and may sooner forswear himself than perform his Duty in it. (2.) When a Writ comes to the Sheriff he can neither read nor understand it, nor many times his Under-Sheriff, and they likewise may both sooner forswear themselves than perform their Duty. Then it may sometimes happen to be sent to the Coroners, where the Sheriff is a Party, and they are in no better condition than those before. Then if a
Subpaena or other Order or Declaration in
Latine be served on the Poor Defendant, he runs in a great affright to one Neighbour, and the other Neighbour, and then at length to the Minister himself of the Parish, who all cannot read or understand one line of the matter: then must he run away to an Attorny, and give him his Fee, and then to a Councel; and then all the matters are found to be as false in the Fact, as they are in the
Latine, and only done for vexation of the poor Man; and this he might have known in his own Parish, if it had been
English, without being put to what is to him a great cost and trouble: Then, if it happen the matter to be true, and it come to Tryal at the
Nisi Prius, the Issue is in
Latine and Court-hand, so are the
Pleas and
Declaration, there is not a man in the Jury can read a word of it, the Jury goes by Implicite Faith to whatever the Councel for Hire inform them, and are in as great danger of Perjury, as the Sheriff and his Under-Sheriff were before. Then turn over to the Crown side, the Bills of Indictment are all in
Latine, the Witnesses bound over to prosecute can neither Read nor Write, much less understand
Latine, the malicious prosecutor puts what he will in the Bill, the Witnesses Swear to the
Latine, and are Perjur'd for the poor Countrey men if it be
Latine, and the Justice of Peace that binds them over, thinks they ought to Swear to the Bill of Indictment, let it be what it will, or they shall forfeit their Recognizance; and seeing they can neither read nor understand it, thinks they must Swear by Implicite Faith. And many times even some of the Grand-Jury may not be so well skill'd in Law-
Latine, but were it not by Implicite Faith only to their fellows
Billa Vera, they would, if the Bill were in
English, find an
Ignoramus. So likewise Church-wardens commonly think it lawful to forswear themselves, if it be done in a word of
Latine. 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
[Page 258]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, 'tis 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 Jud
[...]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
[Page 259]speak five words with my Ʋnderstanding, 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
[Page 260]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 them durst adventure, seeing
Bajezet was of a furious Nature, and in his Anger dangerous to be spoken with, to mediate in their behalf; no not
Alis Bassa, Charadin Bassa's Son, whom of all men he favour'd most.
There was at that time in the Court an
Aethiopian Jester, who under some Covert pleasant Jest, would often times bolt out to the King in his greatest heat, what his gravest Councellors durst not speak to him in secret. This Jester
Alis Bassa requested to devise some means to entreat the angry King in behalf of these Judges, promising to give him what he would desire, if he could appease the Kings displeasure. The
Aethiopian without fear undertook the matter, and presently put on his Head a rich Hat, all wrought over with Gold, and, accoutred in all other his Cloths suitably, presented himself before the King with a great counterfeit Gravity; whereat
Bajazet marveling, asked him the cause why he was so Gay. I have a Request unto your Majesty; said he, and wish to find favour in your sight.
Bajazet more desirous than before to know the matter, asked what his Request was. If it stand with your pleasure said the
Aethiopian, I would fain go as your Ambassador to the Empeperor of
Constantinople, in hope whereof I have put my self in this readiness. To what purpose wouldst thou go? said
Bajazet. To crave of the Emperor some Forty or Fifty of his old grave Monks and Friers to bring with me hither to the Court. And what should they do here? said
Bajazet. I would have them placed, said the Jester, in the rooms of the old doteing Judges, whom you intend as I hear to put to death. Why, said
Bajazet, I can place others of my own People who are better, in their rooms. True, said the
Aethiopian, for Gravity of Look and Countenance; and so would the old Monks and Friers serve as well, but not so learned in the Laws and Customs of your Kingdom as are those
[Page 261]in your displeasure. If they are Learned, why do they then (contrary to their Learning) pervert Justice, and take Bribes? There is a good reason for that too, said the Jester. What reason? said the King. That can he that there standeth by, tell better than I, said the Jester, pointing to
Alis Bassa, who, forthwith commanded by
Bajazet to give the reason, with great Reverence first done, shewed that those Judges so in displeasure were not conveniently provided for, and were therefore enforced many times for their necessary maintenance to take Rewards where they could get them, to the staying of the due course of Justice; which
Bajazet understanding to be true, commanded
Alis Bassa to appoint them convenient stipends for their maintenance, and forthwith granted their Pardon. Whereupon the
Bassa set down Order, That of every matter in Suit exceeding One Thousand Aspers, the Judges should have Twenty Aspers; which Fees they yet take to this day. Whence may be Observed,
(1.) That to place Judges in Courts to undergo the incessant labours of hearing multitudes of Causes, and not to allow them honourable maintenance, is the ready way to make men of ordinary Principles Freebooters, and to take the Prey for themselves. So the meanness of the Salary in
Russia being but an Hundred Marks
per Annum, makes the Judges extream Extortious on the People.
(2.) That those who buy either Judicial or Ministerial places in Judicatories, must sell again; and the sale of either is contrary to the Law of God, and of infinite Damage to the Publick, turning the weights of Justice to the false weights of Merchandize, as says the Poet,
Ergo Judicium nihil est nisi publica Merces,
Quid faciunt leges ubi sola Pecunia Regnat?
(3.) That the
Basha when he was appointed to provide the Judges maintenance by stipend, providing the same by Fees made them worse then before, and gave them a pretence to take Bribes of the People under the name of Fees, and there are none more corrupt Judges for Bribery, than the
Turks to this day; and well they may if they take Fees.
Neither Judg nor Minister to take Fees but Salary.It was the Ancient Law of
England, that none having any Office concerning the Administration of Justice, should take any Fee or Reward of any Subject for the doing of his Office.
Coke 2.
part 176. and by the Statute
Westm. 1.
cap. 25. neither Judicial nor Ministerial Officer, as Sheriff, Escheator, Coroner, Bailiff, Gaoler, Clerk of the Market, Aulnager, nor other inferior Minister or Officer of the King, whose Offices do any way concern the Administration or Execution of Justice, or
[Page 262]the common good of the Subject, or the Kings Service, but shall be paid of what they receive from the King, on pain the Offender against this Act shall pay double Damages of the Plaintiff, and shall be otherwise punish'd at the Will of the King.
Marrying for Fees contrary to the Laws of God and of the Land.By which appears that the Episcopal Judging of
Marriage, Filiation, Aliment and
Succession for Fees, and the granting of Licenses of Marriage by Bishops, and taking of Fees by a Priest for Banns, or Marriage of any Persons in a Temple or elsewhere, is wicked, abominable, and contrary to the Laws of God, and Fundamental Laws of the Land, and they ought to be punish'd for doing the same; and had not Bishops corrupted the true Doctrine of Gods Ordinance of Marriage, to obtain Fees and other covetous and ambitious Ends, Men had at this day Married according to the Moral Law of God, and not the Ceremonial Laws of
Priapus and
Venus.
The Inconveniences which ensue Judges and Ministers taking Fees, are
(1.) As
Coke saith, 2
part, 210. When neither Judges or Ministers had any Fees, then had they no colour to exact any thing of the Subject, who knew they ought to take nothing at all of them, they being maintained by Salary from the King: but when some Acts of Parliament, changing the Rules of the Common Law, gave to the Ministers of the King Fees, in some particular Cases, to be taken of the Subject; whereas before, all their Office was done without taking, now no Office at all is done without taking, and a gap being once open'd, there was after no bounds to the breach; so it causeth Oppression.
(2.) It causeth corruption of Justice, for if a Judg take Fees it is from the Plaintiff and Defendant, and he will sell Justice to him who gives him the greatest; but if he take a Salary he takes it from the Publick, and will be for the Publick good, and not partial to the Parties.
(3.) The Publick, by giving the Salary and receiving the Fees, increases the Publick Treasury; for the vast Income of Fees far exceeding the Merits of the Judges and Officers, it is just the overplus should be applied to discharge Publick Burdens, and not to fill private Pockets; and what was unequally shared amongst Officers ignorant and idle by way of Fees,
The
English in
Scotland turn'd all the Fees of Courts into a Publick Treasury. might be more equally divided by way of Salary, according to the proportion of Skill and Pains.
The
English Judges therefore sent intō
Scotland, put the foremention'd Statute of
Westm. 1.
cap. 25. to experiment there, and turned all Fees into a Publick Treasury, to manage which we allowed our Treasurer out of the same Two Hundred Pound
per Annum, and allowed
[Page 263]Salaries to our selves as the State appointed us, and to all our Clerks and Officers necessary, proportionable to Skill and Pains; which Treasury of Fees not only satisfied all the
English and
Scottish Judges and all the Officers of Justice, without any charge or trouble to the State, but likewise many Military Officers of the Army; and we found by experiment, that far more exact Justice was done by Salary, than ever any was done by Fees. And if the same were practiced here in
England, it cannot be, but the like effect must follow as to Justice, but vastly greater as to the increase of the Publick Treasury, especially if the number of Judges were reduced to Three, who, as is after shewn, are sufficient to dispatch all matters of Judicature, Civil, Ecclesiastical, and Criminal of the Kingdom.
Exceptions against Bishops being Judges, in reference to the Executive Power.
They begin the Suit with Execution.
No Writer of the Forms of Judicial Proceeding, except the Bishop, was ever so Absurd as to Tolerate, much less to Ordain, any Law-Suit to be begun with Execution; and this is that which makes the
Spanish and
Romish Inquisitions,
Romish Inquisition begins with Execution on the Person. and the Barbarous Inquisition by Torture of the Civil Law, to be so Abhor'd and Abominable, that they begin with Execution upon the Person, and Arrest him before Judgment.
Now, that not only Arrest before Judgment, but
Districtio Pignorum, or taking of Pledges by distress is likewise Execution, appears clearly, both by Civil and Common Law. As to the first, which is
Districtio Pignorum, or taking Pledges by Distress, it is express in the Civil Law
C. de Execut. rei Jud. that on a Sentence for Debt or Damage, the Judg may order Execution to be done by Distress, or taking the Goods moveable of the Defendant, as Pledges; and if he satisfie not the Plaintiff within the space of Two Months after the Distress is made, then the Officer was to sell them and satisfie the Plaintiff.
As to the Common Law; it appears 4.
H. 6.17.
& 22.
Ass. pl. 72. That the Execution after Judgment is in the County Court only by Distress,
Distress on the Goods is Execution. and keeping the same in Pound 'till Judgment be satisfied; for they cannot sell the Distress; which shews that the Common Law esteemed Distress an Execution after Judgment, though it had not the Power to sell the Distress, as the Civil Law had. That it is an Execution therefore after Judgment, both by Civil and Common Law is clear.
[Page 264]It will be next by some perhaps enquired, from whom the Original of this most Anti-Christian Custom came, of beginning Suits with Distress, and Attachments (which differ from Distress in that the one forfeits the Distress, 9.
H. 7.9. for Nonappearance, the other not)
Capiasses, Latitats, exaction of Bail, Mainprize, Outlawries in Civil Actions and
Excommunicato Capiendo's, in all which the Goods of the Defendant being of greater value than the Debt or Trespass, are either seized or detained, or what is worse, Forfeited and Confiscated, or the Person Arrested, Imprisoned, and sometimes Starved, sometimes Poison'd, and sometimes Tortured before there is a Copy given him of any Complaint made against him, and before the Plaintiff hath so much as taken an Oath of Calumny, that he believes his Complaint True and Just, and before Hearing, Probation of Witnesses, and Judgment? That this most inhuman and more than Barbarous Proceeding came not from the old
Romans, though
Pagans, appears by what
Alciat says, that not so much as the word
Districtus or
Districtio (which is to be intended before Judgment) is to be found amongst any of the Ancient Lawyers; and likewise that no such thing as Distress or taking Pledges, or exacting Bail, caution
judicio Sisti, & Judicatum Solvi, or Arrest before Judgment, is to be found amongst those which are left of the Laws of the Twelve Tables: Yet in them these are express'd after Judgment, as appears by the Reliques of the same, which follow in these words:
L. 25.
Si in jus vocet, at
(que) eat.
L. 28.
Si vis vocationi fuat testamini; igitur em capito.
L. 31.
Si vindiciam falsam tulit rei, si velit is arbitros tres, dato forum Arbitriis fructus, duplione Damna Deciditor.
L. 33.
Aeris confessi, rebus
(que) jure judicatis, triginta dies justi Sunto: postidea muus endoiectio esto: in jus ducito nei Judicatum facit, aut quips endo jure em vindicit, secum ducito, vincito aut nervo aut compedibus quin Decim pondo, ne minore; aut si volet majore vincito. Si volet suo vivito in suo vivit qui em vinctum habebit, libras farris endo dies dato, si volet plus dato.
Wherein though many words are so Antiquated and obscure as no Interpreter can expound them, yet so much may be understood from them, (1.) That their
Editio and
Oblatio Libelli, by giving the Defendant a Coppy of the Libel, Bill of Complaint, or Declaration, preceded their
vocatio in Jus, Citation and Summons; for in the Law,
Si in jus vocet, at
(que) eat, the word
Atque signifieth
Statim, presently, in which sense it is taken in
Leg. filia 20.
C. de inof. Testam. and in
Virgil.
‘—At
(que) illum prono rapit alveus amni.’
[Page 265]Now it had been to no purpose when the Defendant had been called to appear before the Judg in Person
Statim, presently, to answer, unless the Plaintiff before he had call'd him had made him
Oblatio Libelli, and given him a Copy of his Bill of Complaint against him, and allowed him his
dies justi, a fit time for him to deliberate and provide for the same,
Ʋt veniat paratus ad respondendum,
Oblatio Libelli precedes Summons. when he shall be again called to appear in Person before the Judg; and without this, if the Judg caused him to appear, and cast him into Prison, as now Judges do, on lying
Latitats and false Suggestions; all the Poor of the Land who are not able to give Bail, and on Forged Outlawries both Poor and Rich, without Bail, and forced him to answer to Copies of Declarations not deliver'd, 'till he had been first cast into close Prison an Hundred Miles from his home, where he had neither Meat nor Drink, nor Money nor Friends, nor Council nor Writings, nor Witnesses; he had made it impossible for such a Prisoner in
Dures to answer, otherwise than to grant whatsoever the false Suggesting Plaintiff will Demand of him. And that the
Obligatio Libelli preceded
in jus vocatio agrees
Cujac. Lib. 10.
Obs. 10.
& 11.
Duaren. lib. 1.
Disp. c. 1.
Hermann. vult lib. 1.
discep. c. 1.
Goed. ad. l. 9.
n. 1.6.7.
ff. de verb. sign.
(2.) By the Law
si vis vocationi fuat testamini: igitur em capito, appears, that after the Defendant had a Copy of the Declaration deliver'd, no
Capias before Judgment was to issue against him, without a
Fugam fecit, or at least an hiding himself; and the word
Testamini shews there must be
Productio testium, Probation by witnesses of the flight or absconding, and not a
Latitat granted on a meer false Suggestion and Lie, or on the Forgery of an Outlawry, to destroy that inestimable Right of Liberty, from wrongful Imprisonment, and more valuable than Life it self.
(3.) By the Law
si vindiciam falsam tulit, rei si velit is Arbitros tres dato forum Arbitriis fructus duplione damnum deciditor, appears, That the Plaintiffs were Fined
pro falso elamore double the value, on a Writ of Enquiry of Damage to a Jury of Three, which (like Commissioners for examination of Witnesses) being equally chosen by the Parties were more able and equal than a numerous Jury of Twelve, all chosen by the Sheriff.
(4.) This being granted, that by the Ancient
Roman and
Athenian Laws,
Oblatio Libelli preceded
vocatio in jus, and
vocatio in jus preceded Contumacy, and Probation by Witnesses preceded Sentence of the same, and that Plaintiffs were punish'd for false Suggestions; it follows, there was neither taking of Pledges, Distress, Attachment, Satisdation, Exaction of Bail, or Arrest in their Original Process, nor before Judgment,
[Page 266]except on Contumacy proved by Witnesses; which shews that neither
Romans nor
Athenians were Authors of beginning Law-Suits with Execution.
(5.) It appears by the Law
Aeris confessi, rebus
(que) jure judicatis, &c. That the
Pagan Execution it self, after Judgment, was more Just and Merciful, than the Papal and Episcopal is now with us before Judgment; for first they were so far from Arresting before Demand, and before Judgment, that they could not Arrest the Defendant on Hearing, and Trial, and Judgment pass'd against him, without giving him Monition of the Judgment, and till Thirty Days
Justi dies to provide the Money were expired: but now, on a bare Bond before Judgment, and before so much as a Demand made, they cast into the Goal the Husbandman from his Plow, the Tradesman from his Shop, and the Merchant from the Exchange, without giving the least notice, Thirty or so much as Three Days to provide the Money, whereby they and their Families, their Reputation and Trade are oftentimes destroyed, not only to the ruin of themselves, but great damage of the Publick; for the greatest bulk of Trade of the Nation being driven on Money borrowed on Interest, if it be intended what is borrowed should be applied to Trade, it is impossible that they can pay interest for it to the Creditor, if they must keep it at their Chambers for the Creditors to call it in again on an hour's warning, or as they now do without any warning at all; and imploy it at their Trade they cannot, unless they may have at least warning for so small a pittance of Time as Thirty Days, which the very Heathen allowed their Debtors to be free from Arrest, though Judgment was past against them. This abominable Cruelty of beginning Suits with Execution, came not therefore from the Heathen, but from the pretended Christian
Romish Bishops and Clerks,
All Attachments, Distresses, Exactions of Pledges, Bail, and Arrests before Judgment, are Executions before Judgment, and come from
Romish Bishops. against whom the
Heathen shall rise in Judgment. Now that beginning of Suits with Executing by exacting of Pledges before
Oblatio Libelli, Bail before Flight, Judgment before Hearing, Distress, Attachment, and Arrest before Judgment, was brought into
Great Britain by the
Romish Bishops, appears by these Reasons: (1.) Because the Register of Writs (that old
Romish Idol; to which more innocent Causes and Persons have been Sacrificed and Destroyed, according to the proportion of the Territory it Commands, than to the
Turkish Alcoran) is in
Latine, which is the
Romish Language; in which Register all the Original Process of Summons, Attachment; and Distringas are composed, for Exacting of Pledges and Bail, Distress, imposing Penalties and Forfeitures, Arrest and Imprisonment in Personal Actions, and
Grand-capes and
Petty-capes in real, before Oath of Calumny,
Oblatio Libelli, Hearing, Probation or Judgment, and in Indictments
[Page 267]by Inquisition. (2.) Because all old Formalities of Entries and Pleadings, of Instruments, and Contracts Publick and Private were Originally in
Latine, which shews they were formed by
Romish Bishops or their Clerks in their own Language, conform to their
Romish Idol the Register, beginning with Execution, as particularly appears; in all Instruments concerning Feudal Jurisdiction are Clauses and Conventions of Distress, Reentry, Penalties and Forfeitures, horrible unjust, before Oath of Calumny,
Ohlatio Libelli, dies justi, Hearing, Probation, Judgment, or Judg, but the Lord himself in his own Case, over his Vassal. (3.) Because anciently the
Romish Bishops have been Chancellors in that Court which is
Officina Brevium, the Shop of Writs, where they are forged; and have been likewise chief Judges in the other Courts of the King, keeping all their Proceedings in
Latine, Court-hand, and Chancery-hand, secret from the understanding of King and People, whereby they exercised what Tyranny and Oppression they pleased. (4.) Because they and other Ecclesiastical Persons, as Abbots, Priors, and the like, have Possess'd the Third part of all the Baronies, Honors, and Mannors in the Land, and, had they not been stopt by the Statutes of
Mortmain, might by this time have got all; this way therefore of taking Distress, Penalties, and Forfeitures before Judgment, advanced their Interest in Tyranny, and made them Arbitrary and absolute Judges in their own Case. (5) Because anciently the
Romish Bishops have been,
Outlawries and
Excommunicato Capiendos, and Judgment of Heresies, the
Romish Inquisition in Disguise. and to the shame of Protestants still claim to be, in their Ecclesiastical Courts Judges of Heresie; whereby, as the Common Law Judges by their Outlawries, which are Temporal
Excommunicato Capiendos, they by their
Excommunicato Capiendos, which are Spiritual Outlawries, have brought in the
Romish Inquisition, to begin all Suits with Execution before Judgment. (6.) Because the
Greek Bishops first destroyed the Equal Law of the Twelve Tables,
Si in jus vocet a
[...]
(que) eat, which is before interpreted
Statim eat, and made it
in jus vocati statim eant, aut satisdent; which Satisdation included all the Rabble of Distresses, Pledges, Bail, Mainprize, Arrests and Imprisoments, before
Oblatio Libelli, Hearing, Probation, or Judgment, which
Greek Bishops were the Instruments of that wicked Empress
Theodora, who foisted into the Laws of
Justinian what they pleased, concerning Judicial Proceeding touching
Marriage, Filiation, and
Succession, and all other matters; and the
Romish Bishops followed them in their wickedness, in whatsoever was for their gain, and brought the same, with themselves and the Language of the Beast into
Great Britain and
Ireland, to infect with the same Plague all Judicatures of these Noble Kingdoms.
vid. How Satisdation before Judgment came, in the Authorities cited,
Calv. Lex. tit vocare.
They Pledg before Summons, Summon before Copy, Copy before Oath, Punish before Contumacy, Judg before Hearing or Probation, and Arrest before Judgment.
It cannot be here objected, That I proceed partially against Ecclesiastical Judges, seeing the Temporal are here equally Taxed with the same Errors, and I contend with the Vices and not with the Persons of either. Yet so much I may affirm for Truth, and shall after prove against Ecclesiastical Judges, that the Papal and Episcopal Forms of Preposteration of Execution before Judgment, by beginning the Original Process with Attachments, Distresses, Exactions of Pledges, Bail, Mainprize, Penalties, Forfeitures, Confiscations, Arrests and Imprisonments, before a Coppy of the Declaration given, and before Oath of Calumny, Hearing, Probation or Judgment, and Outlawries, and
Excommunicato Capiendos both before and after Judgment, were Originally brought both in the Ecclesiastical and Temporal Courts of the Kingdom of
Great Britain and
Ireland by
Romish Bishops, and Priests, and Parliaments, in time of Popery, have been so far deceived by them to confirm their Superstitious Formularies in the Temporal Courts in so high a degree, as now the Temporal Judges are not able to Reform, without the Assistance of an Act of Parliament. But I shall first prove, that the said Forms are contrary to the Scriptures, and Anti-Christian. The Texts of Scripture follow.
Job 24.3.
They drive away the Ass of the Fatherless, and take the Widows Ox for a Pledg.
Verse 9.
They pluck the Fatherless▪ from the breast, and take a. Pledg of the Poor.
Ezek. 18.7.
And hath not Oppressed any, but Restored to the Debtour his Pledg.
Ezek. 33.15.
If the Wicked restore the Pledg, give again that be had Robbed,
Amos 2.8.
And they lay themselves down upon Cloaths laid to Pledg.
Psal. 37.21.
The Wicked borroweth, and payeth not again.
Matth. 5.25.
Agree with thine Adversary quickly, while thou art in the may with him; lest at any time the Adversary deliver thee to the Judg, and the Judg deliver thee to the Officer, and thou be cast into Prison. Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost Farthing.
Matth. 18.15.
If thy Brother tresp
[...]ss against thee, go and tell him his
[Page 269]fault between thee and him alone; if he shall hear thee, thou hast gained thy Brother. But if he will not hear thee, then take with thee one or two, that in the Mouth of two or three Witnesses, every word may be established. And if he shall neglect to hear them, tell it unto the Church: but if he neglect to hear the Church, let him be to thee as an Heathen
man and a Publican. After the Servant who had been forgiven by his Lord Ten Thousand Talents, Verse 28:
Went out, and found one of his fellow-servants which ought him an Hundred Pence: and he laid hands on him, and took him by the Throat, saying, Pay me that thou owest. And his fellow-servant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all. And he would not: but went and cast him into Prison, till be should pay the Debt. Verse 32.
Then his Lord, after that he had called him, said unto him, O thou wicked Servant, I forgave thee all that Debt, because thou desiredst me: Shouldest not thou also have had compassion on thy fellow-servant, even as I had pity on thee? And his Lord was wroth, and delivered him to the Tormenters, till he should pay all that was due unto him.
As to Criminal Proceeding the Texts are,
1 Tim. 5.19.
Against an Elder receive not an Accusation, unless under two or three Witnesses.
Numb. 35.30.
Whoso killeth any Person, the Murderer shall be put to death, by the mouth of Witnesses: but one Witness shall not Testisie against any Person to cause him to die. Moreover, ye shall take no satisfaction for the life of a Murderer, which is guilty of death, but he shall be surely put to death.
Deuter. 17.8.
If there arise a matter too hard for thee in Judgment, between Blood and Blood, between Plea and Plea, and between Stroke and Stroke, being matters of Controversie within thy Gates: then shalt thou arise, and get thee up into the place which the Lord thy God shall chuse; And thou shalt come unto the Priests the Levites,
and unto the Judg that shall be in those days, and enquire, and they shall shew thee the Sentence of Judgment.
From all which may be infer'd,
(1.)
That no man ought to be Summon'd before a Judg, till a Copy of the Plaintiffs Declaration be first given him.
For Christ saith, If thy Brother Trespass against thee, go and tell him his Fault between thee and him alone; which is fully performed by giving him a Copy of the Declaration or Bill of Complaint, and without it the same cannot be done, nor the full State of the Case be Represented to him, nor he take time of deliberation for an Answer. And from this Precept of Christ will follow, first, the Ordaining of
Editio & vocatio in jus simul ex continenti, by the Popish
Theodor an Bishops; in
[Page 270]the Civil Law is a corruption and destroying of the Excellent Law of the Twelve Tables,
Si in jus voces at
(que) eat, which is already proved to have implied a Preceding
Oblatio Libelli, and was the clear Law of Nature, and immutable in all Civil Actions.
(2.) That the Law of
Scotland, of including the Libel in the Summons, though it far excel our Summons by Writs, yet it is not so perfect as the Precepts of Christ, to make the
Oblatio Libelli, or to give the Copy of the Declaration to the Defendant before Summons; for first, he must be forced to send many times Hundreds of Miles to a Judg to get a Summons, before the Return of which, all the business if there is no Contumacy, may be far better agreed and ended between him and his Brother at home. Secondly, If there is no Contumacy (as there can be none, before a Copy of the Declaration delivered, by which the Demand is made) it is unjust to lay such a Punishment on a Defendant, to run Hundreds of Miles to his great Cost and Trouble in
England, to appear before a Judg at
Westminster, and when he comes there, no Bill in
Chancery, nor any Declaration at Common Law, is put against him. And in
Scotland to appear at
Edenburgh at a longer day, when he was ready and tender'd to satisfie his Brother at home in a shorter, and he refused, only to put him to Charge and Vexation. Thirdly, It is unreasonable and unjust, that the Plaintiff should be compell'd to send so far for such a Trivial Formality as the hand of a Judg to his Libell'd Summons, or to expect no Judicial assistance from it, if he
gratis make
Oblatio Libelli, as Christ Commands; for if, as is the Modern practice in
Scotland, the Lords of the Session never read a word of the Libell'd Summons, and they may be Blasphemy or Treason for ought they know, yet they set their hands to them as fast as they can be brought, and I have my self set my hand to Hundreds of them; and that course of Summoning being by Act of Parliament made in time of Popery, which we had no power to alter, I thought that kind of Justice better than none at all: though before
Oblatio Libelli it serves to no more Use than our
Latitat and
Subpoena Offices, and others, to have a pretence of gathering Money for the People for doing nothing, and perhaps (if all Truth were spoken) for doing Mischief. Fourthly, If, as the ancient Practice was of Sir
Thomas More when he was Chancellor of
England, who used to read over, himself in Person, every Bill was prefer'd in
Chancery, and consider whether it were just or no, before he would grant a Summons of
Subpoena; and of
Skene in
Scotland, who, as I have been informed there, would likewise read the Bills himself before a Summons was granted, and if he found them not fit, would tear them in pieces, and throw them over the Bar. It hath been therefore to no
[Page 271]purpose for the Plaintiff to have sent to Judges for Summons, who might see that Injustice in his Bill which the Defendant perhaps might not see, or might be willing to pass by, if it had been first shewn to him at home. Fifthly, It is unjust for the Plaintiff to make his
Oblatio Libelli first to the Judg, and to get a Summons thereon before he doth it to the Defendant, for the Defendant may, perhaps, if shewn him, shew the Plaintiff so just exceptions against the Bill, as may satisfie the Plaintiff himself, and save both Parties the Trouble and Cost of going further to Law; or he may amend his Bill on such exceptions, and if he think it just after amended, insist on the same further; to shew his bill first, therefore, to the Defendant, though his Enemy, if he will except against it, is more profitable to the Plaintiff for amendment, than if he shewed it his own Councel; for a Friend may never shew the Party his Faults as an Enemy will: As it is more Just, so it is therefore more safe, first to make the
Oblatio Libelli to the Defendant, before it be done to the Judg. Sixthly, The
Justi dies, or time of Returning an Answer, cannot be agreed without great Trouble and Cost, unless there be first an
Emparlance between the Parties, without troubling the Judg. Against offend the taking out of Execution on Judgment acknowledged by assent, and on Recognizances, and Statutes in
England, and on Registred Bonds in
Scotland without Summons, or
Oblatio Libelli, or Warning, or Demand. Seventhly, Because Judges use to take Caution, or
Plegii de prosequendo of the Plaintiff, and the like Pledges of the Defendant, purposely to hinder Agreement according to Christ, and to set them by the Ears to get in Fees to the Court.
(2.) That no man ought to be Summon'd before a Judg, until a
Productio Testium first made to him.
For Christ sai
[...]h, If he will not hear thee, then take with thee one or two more, that in the Mouth of two or three Witnesses every word may be Establish'd, whence will follow, that the Mock-Probation still falsely mention'd in the end of every Declaration,
Et inde Producit Sectam, and Summons on Motions and Rules of Courts, founded on the Infamous Credit of
Affidavit-men, are abominable Reliques of Popery, and Anti-Christian. (1.) Because they are not produced to the Defendant where he dwells, that he may except against their Persons, if he hath cause, and if he hath none, he may see them Sworn, and if they Swear false, he may have his lawful Remedy against them. (2.) Because the
Affidavit-men are single Witnesses, whereas Christ Commands two or three Witnesses. (3.) They are both such as live in
London and
Westminster,
[Page 272]and such as come out of those Parts, altogether unknown to the Judges and Masters who take their Oaths; if therefore they will proceed on the Testimony of single Witnesses, seeing by the Precept of Christ,
Actor Sequitur forum rei, and the Plaintiff is to carry his Witnesses to the Defendant; it is far more Just and Equal that the
Affidavit be either taken by Commission in the Parish where the Defendant lives, or every Minister be Authorized to take the Oath, on notice given to his Parishioner to be present, if he please, at the Taking. (4.) Because generally the
Affidavit-men are Knights of the Post, and common Swearers for Hire, who will Swear any thing for a Dinner. (5.) Because
Probatio non admittitur in contrarium, whereby Courts overflow with Perjury. And as is said,
Jer. 23.10.
Because of Swearing the Land mourns.
(3.) That a Defendant can be guilty of no Contumacy till an
Oblatio Libelli, and a
Productio Testium first made to him.
For Christ says, The Plaintiff is not to tell the Church, till two Refusals made by the Defendant, one to hear him single, the other when he ha
[...]h produced his Witnesses.
(4.) That no Pledges or Distress ought to be taken till Judgment.
For
Ezek. 18.7. says,
The Debtour ought to be restored his Pledg. And Christ Commands on Contumacy shewn by two Refusals, immediately to tell the Church; so he is to do nothing further till the Sentence of the Church is pass'd, and very just; for thus far none hath Judged whether his Cause is just, and his Brother Contumacious, but himself, and he ought not to be Judg in his own Case, and much less be his own Carver of Execution by Pledges and Distresses, on his own Authority, without the Sentence of a Judg. Secondly, Otherwise the Ass of the Fatherless, the Ox of the Widow, and the Pledg of the Poor, would be taken from them without Hearing of their Cause, and the Creditor, Land-lord, and every other Person would be Judges in their own Case, and Carve Execution for themselves. Thirdly, Though the Poor may be able to give Convenotinal Pledges, yet they are not able to give besides Judicial Pledges, when they are enforced to sue for their Conventional, unjustly seized and detained from them; nor though they are able to Mortgage the Right of their little Living, to be seized when they fail paying Interest for the Debt, yet are they not able to leave Possession by which they must live, if the Creditor unjustly enter before a Judgment Declaratory, and a true Account made by him, and a Return of the over-plus, whereto
[Page 273]the Mortgage amounted above the Debt. So though a Poor man is able, to grant a Rent-charge and a Clause of Distress, if he be in Arere on paying Interest for the Debt, yet if the Creditor wrongfully or excessively Distrain, he is not able on a
Replevin to give Pledges
de Prosequendo, and
de Returno habendo to take a Conventional Distress therefore, or to make a Conventional Seizure, Entry or Re-entry of, or into Goods or Lands, Pledged for Debt or Rent, or made liable by any Covenant or Clause Irritant, to forfeiture for non payment of the same, before a Judgment Declaratory of the non payment, and of the value of the Goods to be Distrained; and Lands Seized for satisfaction of the same, is as unjust and wicked as to take a Judicial Distress, Pledg or Forfeiture, before such Judgment pass'd.
The Laird of
Sauchi Sued one of his Tenants to make him remove from his Tack or Lease, the Defendant excepted, That he had a Tack, it was replied, That the Tack was null and void, because there was a Clause Irritant contained in it, that if the Duty reserved were not paid, the Tack should be null and void, and that the Duty was not paid; to which was duplied by the Defendant, that this failure of payment was not yet declared by any Declaratory Sentence of a Judg. The Lords found that there ought to be a Declaratory Sentence of a Judg first,
Declaratory Sentence of
Scotland. before any removal of a Tenant ought to be, though the Clause Irritant had been, that the Tack should be null without any Declaratory Sentence, 4th,
July, 1628.
(5.) That no Bail ought to be Exacted before Contumacy or Judgment.
First, If to Distrain dead Goods and Pledges of Cattle is prohibited before Judgment,
à Fortiori to Exact for Pledges or Sureties the living Bodies of men, is prohibited. Secondly, It is manifest Christ intended to relieve the oppression of the Poor against the Rich, and that none but the Rich are able to give Bail to Tolerate, therefore the Rich, because they can give Bail on every unjust Suit of theirs, to Exact Bail of Poor men before Judgment, who are not able to give it, fills Prisons, and destroys innumerable Innocent Poor, and leaves their Blood to cry against those who Tolerate so great an Oppression, as to make Necessity Contumacy, and Punish the Poor for his Poverty. No less abominable is the Practice of Attornies and Clerks with their Writs of Privilege, who will command what Bail they please, though the Poor man owe them not a farthing, and he being once Arrested, and not able to give Bail, he must therefore Rot or Starve in Gaol, or pay whatever the other will ask, right or wrong. The
Chancery Clerks and
[Page 274]Officers go a degree beyond these, and will take no Bail but four Subsidy men, and if they can but Arrest the pretended Debtor, will keep him in hold too, till he pleads
Instanter what they will have, to Ruin him. These are the Prodigious Reliques of Popish Tyranny left in Protestant Courts of Law and Conscience, and translated from
Romish Ecclesiastical-Clerks to
English Lay-Clerks: It were more just these Privileged men had a Privilege granted to Rob on the High-way, for there honest men would be able to defend themselves against them, but with these two Privileges of theirs, one that they will take whomsoever they please Prisoners, and the other that they will be Sued no where but in their own Court, makes it as difficult to deal with them, as
Turky Pyrats, who will be Tried by none but their Fellows, nor Sued any where but in
Algier. How little necessity there is of this horrible Oppression of Exaction of Pledges,
No Pledges, Bail, Outlawries, required in
Chancery. Distresses, Bail, Penalties, Forfeitures, and Outlawries, before Judgment, doth easily appear from this, that in the
Chancery there is none of all these required, and though the Defendants are Richer, and the Causes of far greater value than those in Common Law Courts, yet do the numerous Plaintiffs rather shun the Common Law Courts, and throng thither, choosing to Sue there, than in the other; and certainly if it be truly consider'd, these Exactions of Bail and Outlawries, and Suprizes of Debtors before warning, do but necessitate them to flie from their Creditors, and deceive them of what they would be ready to pay on a fair Demand or warning, and liberty given to come to a just account with Security. This cruel dealing therefore of the Creditor with his Debtor before Judgment, tends not to his Profit, but very much to his Loss, as well as it doth of the Defendant, and many times undoes them both.
(6.) That no Arrest ought to be made before a Judgment, though there is Contumacy.
This follows from what hath already been proved, That a Plaintiff ought not to be Witness, Judg, or Executioner thereon in his own Case, and therefore not of the Contumacy of his Brother;
Contumacy. but if he is Contumacious, the Plaintiff ought by his Witnesses to make Probation of those matters which are necessary to shew a Contumacy, as (1.)
Oblatio Libelli. (2.)
Productio Testium. (3.) His Refusal to answer and satisfie, and thereon obtain a Sentence Declaratory of the Contumacy of the Defendant, and a
Capias to Arrest him. All Arrests therefore before Judgment,
Pursuivants. Tipstaves. by Pursuivants, Messengers of Arms, Tipstaves, Maces, Sheriffs, or any other, are Reliques of Popery, and contrary to
[Page 275]the Law of God, and of the Land, and indeed are so far from having Right to Arrest before Judgment, that they ought not so much as to Summon before an
Oblatio Libelli, and a
Productio Testium.
(7.) That though there is a Judgment, yet Christ allows no Imprisonment of a Debtor not able to pay; for Disability is no Contumacy; and Poverty may more often fall on the Righteous than the Wicked.
The Scripture makes our Demeanour to the Poor in Prison in this Life, of great concernment to our well or evil Being after Death, as is said,
Matth. 25.34.
Then shall the King say unto them on his Right hand, Come ye Blessed of my Father, inherit the Kingdom prepared for you from the Foundation of the World: For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink: I was a stranger, and ye took me in: Naked, and ye cloathed me: I was sick, and ye visited me: I was in Prison, and ye came unto me. Then shall the Righteous answer him, saying, Lord, when saw we thee an hungred, and fed thee? or thirsty, and gave thee drink? When saw we thee a stranger, and took thee in? or naked, and cloathed thee? Or when saw we thee sick, or in Prison, and came unto thee? And the King shall answer, and say unto them, Verily I say unto you, In as much as ye have done it unto one of the least of these
[...]y Brethren, ye have done it unto me. Then shall he say unto them on the Left hand, Depart from me, ye Cursed, into everlasting Fire, prepared for the Devil and his Angels. For I was an hungred, and ye gave me no meat: I was thirsty, and ye gave me no drink: I was a stranger, and ye took me not in: naked, and ye cloathed me not: sick, and in Prison, and ye visited me not. Then shall they also answer him, saying, Lord, when saw we thee an hungred, or a thirst, or a stranger, or naked, or sick, or in Prison, and did not minister unto thee? Then shall he answer them, saying, Verily I say unto you, in as much as ye did it not to one of the least of these, ye did it not to me. And these shall go away into everlasting punishment: but the Righteous into Life Eternal. It may be much doubted, what account these inferior Judicial Proceedings, of Exactions of Pledges, and Bail before Summons, Outlawries,
Excommunicato Capiendo's, Penalties, Forfeitures, Confiscations, Arrests, and Imprisonment before Judgment, will be able to give at the Supream Judgment, they being all point Blank contrary to the Judicial Precepts of Christ. And this Humanity and Mercy to Prisoners that are Poor and unable to pay, hath so far prevailed amongst most Nations, and with the Civil Law, and with the Law of
Scotland, that in all these,
Cessio Bonorum. if a Prisoner in Execution for Debt makes a
Cessio Bonorum, that is, assigns his whole
[Page 276]Estate he hath left, by Inventary on Oath to the Creditor, he ought to be set at liberty; and certainly, the Arresting of Debtors without giving warning, or time necessary, and who are not able to pay before Judgment, or detaining them in Prison after Judgment, is not only, as hath been already said, hurtful to the Creditor himself; but to the Publick, the same being destructive to Trade, and likewise to the Peace; for Civil Wars and Seditions have been caused both in the
Grecian, Roman, and many other Commonwealths, by the Cruel Prosecution and Imprisonments by Creditors of their Debtors; and I remember we received often advertisement from our Army in
Scotland, to desire us to restrain our Letters of
Caption from Arrests of Debtors, and that we fill'd the opposite Army who were then in Hostility against us, with greater Recruits of Debtors, who fled from Arrests, than they had been ever able of their Power to have done, and of Debtors so Potent (for the Privilege of Peers to be free from Arrest, was then taken away) as drew multitudes with them to the Hills, who would, if secured from Arrest, have all stayed quiet Neuters at home.
(8.)
That in case of Contumacy of the Debtors, Christ allows both to take Pledges, Arrest and Imprison him after Judgment.
(9.)
That he allows not, though after Judgment, to detain the Debtor in Prison for Penalties and Forfeitures, above the value of the Debt and Damage.
One single Judg.
(10.) That he allows on lawful Probation and Judgment, Imprisonment to be by one single Judg.
For he says in the Singular Number, and the Judg deliver thee to the Officer, and thou be cast into Prison, Verily I say unto thee, thou shalt by no means come out thence, till thou hast paid the utmost farthing. And at that time the
Roman Judges both at
Rome, and in
Judaea, sate on single Tribunals in Courts by themselves, and not with associates:
Judices delegati à principe fuerunt 12.
in Civitate Romana,
Octo Erant Minores, & Quatuor Majores, & quilibet sedebat in suo Praetorio in Basilica, gl
[...]in Rub. & in §. Rebus in Authent. de Judicibus in Collat. 6. In the City of
Rome there were Twelve Judges Delegates made by the Emperor, Eight Lesser, and Four Greater, and every one of them sate in his several Court in the Palace Hall. This Christ seems to allude to
Matth. 19.28.
When the Son of Man shall sit in the Throne of his Glory, ye also shall sit upon Twelve Thrones, Judging the Twelve
[Page 277]Tribes of Israel. In the like manner they placed single Judges in the Provinces; as,
Herod, Felix, Festus, and others, were all single Judges within their several Territories of
Judaea. And these single Judges were not only, (1.) Judges of Temporals, but Spirituals, till the Superstition of the Emperors divided the Supream Jurisdiction into Episcopal and Imperi
[...]l, giving the Supremacy to the Episcopal; for before the Emperors, the
Roman Law was
Rex Sacrorum Praeses esto, as appears by the Laws of
Romu
[...]us and
Numa, of whom, one was an
Augur and King, which was then their highest kind of Prophet, and above a Priest, and the other a Sacrificer and a King. The Senate after the Expolsion of
Tarquin, took upon themselves to be
Praesides Sacrorum, and the Emperors after they had overtopt the Senate, made themselves High-Priests and Emperors, so did
Julius Caesar, so did
Augustus and their Successors, till as is before said, Superstition again divided the Imperial Jurisdiction. But likewise (2.) the same Judg was of Civils and Criminals, and (3.) the same one Judg was of Fact, Law, and Equity, and there was not amongst, nor in any Empire in the World, that unnecessary and unjust distinction of
Chancery, Common Law, and Juries.
It is not here objected against the Bishops, that they place more Judges than one in their Spiritual Courts, or any Court where they can get Jurisdiction, we know the contrary; and too Ambitious and Subtle they were to draw any such Inconvenience on themselves, but they rather studied to lay that Clog of unnecessary Number on the Layity in the Common Law Courts, they themselves having usually been sole Judges in the Spiritual Courts, concerning Marriage, Testaments, and Tiths, under the name of Judg Spiritual or Ecclesiastical; and in the
Chancery, concerning other Temporal matters, under the name of the Judg of Conscience and Equity, and in their Inquisitions Criminal, concerning matters of Life and Death, under the name of the Judg of Heresie, have made themselves absolute Monarchs over the Religion, Just
[...]ce, Estates and Lives of the People, and Clogg'd them with numerous Judges and Juries, that they might not be able to lift an hand, or move a Tongue against them, in the same manner as the Senate did deceive the People of
Rome, by multiplying their Tribunes under pretence of favour to them, to no other intent, but that the Defensors of their Liberty might be more easily divided against themselves, and weaker to oppose the Senate. I shall only give a touch of the Reasons, why more Judges than one ought not to be admitted in any one Court, except in a Court of Appeal, or in Judges equally Elected by the Parties, as Arbitrators, and Commissioners for Examination of Witnesses use to be.
(1.) Because as to Election of the Judges, it is easier to find one Man of Ability and Integrity fit to be a Judg, than Twelve.
Reasons why more Judges than one ought not to be admitted in one Court.(2.) The hearing of a multitude of Causes is extream tedious and toilsome, where there is therefore a numerous Court, they are apt to shift their Collar from the labour, and leave all to the President, while they either talk with one another more pleasant discourse, or let their Wits run a wool-gathering, or plainly, nod and sleep upon the Bench.
(3.) Admit they do attend the Cause (which they very rarely do except for a Friend, or against an Enemy) they may vary in their Votes, whereby no Judgment can be given as in a
Ceux que Droit Case, where are many Competitors for the same thing,
A. B. C. D. the first Judg may be for
A. the second for
B. the third for
C. the fourth for
D. whereby no Judgment can be given.
(4.) In a General Issue, or Special Issue, some Jurors may be of the Gonscience that such Witnesses are not above Exception, nor to be credited, others that they are; others, that such Evidence doth not conduce to the Issue; others, that it doth; whereby no Verdict could be given, were they not compell'd by that unconscionable way of starving them, to agree against their Consciences.
(5.) If we come from Judges of the Fact, to Judges of the Law, who allow themselves better Quarters than the other, and will not be kept without Meat, Drink, Fire, or Candle-light, till they pass their Sentence; yet the Courts in
Westminster consisting of the equal number of Four Judges, are often divided, two against two, and what if the Vote of the Chief Justice hear it against the other, yet one mans opinion being as good as another, yea the Puisne Justice being oftentimes of greater Age and Ability than the Chief, his Sentence will not carry the Reputation of Justice, neither may it be thought worth the Labour and Cost to have an Associate joined with him, if his Vote must be null'd by the others, he had been better at first sate and Sentenced alone; and of more esteem his Sentence would have been, had it never been opposed by a contrary Sentence of greater esteem than that, to help which, there hath been sometime added a Fifth Judg in
England, and in
Scotland, where the number of the Lords of the Session or Judges was Fifteen, with a
Numero Deus Impare gandet, but in neither of these is this happy Imparity so much to be found, as in one who cannot be divided in the least proportion against himself, whereas Four may be divided, Two against Two; and Fifteen, Eight against Seven; which will leave a Sentence very Instable and Suspicious, for many times the Minor Party are the Melior.
(6.) In a numerous Court they may all vary in the state of the Question to be Voted, if the President should have Power to put what Question to the Vote he pleaseth, if he propose either a General Issue or State of the Question, the Residue may each raise his Special Question, which will need a Decision before the General can be Voted, as a Jury often do in a Special Verdict: if the President propose a Special I
[...] sue or State of the Question, the Residue again may every one raise his particular or Individual State of the Question, and think the Special cannot be Voted till the particular be decided, whereby they will be able no more to agree in the Special than the General, unless used as a Jury; none of which Inconveniences can fall out in a single Judg, but he easily gives his Sentence in the
Roman manner, either
Absolvo, or
Condemno, or
Non liquet; in
England they use to send two Judges in every Circuit, because one sits on Civil Causes in the
Nisi prius side by himself, and the other on Criminals, in the Crown side of the Town-Hall where they come, by himself, which fashion being imitated in
Scotland, and two
English Judges usually in every one of those Circuits, being sent to sit both together in one Criminal Court, (for there are no
Nisi Priuses or Tryals of Civil Actions in the Circuits of
Scotland) proved inconvenient, and though but two, they often differing one with another, left Business not done, or at least much delayed; whereas the Custom of
Scotland before was much better, who used to send but one Judg at a time in their Circuits, or Justice Eir, whom they call the Justice General.
(7.) Where Justice is appointed to be done by a
Quorum, it is extream difficult, and many times impossible to get them together; that this Clog upon Civil Proceedings was brought in by the
Romish Bishops to the same intention which is before mention'd, to weaken the
Roman Tribunes, appears from the very name, that 'tis
Latine,
Restraining Justices of Peace to
Quorums, destroys Justice. and the effect of it destructive to Justice, for wheresoever a Justice of Peace is limited to Act single without a
Quorum, he is as good as (to that matter) disabled to Act at all, especially for the Poor, who have most need of them, and are not able to draw
Quorums together, as the Rich may. In no less danger is the Publick safety of his Majesty and his Protestant Subjects, by Restraining or at least making doubtful the Authority of the Sheriff (who is his Majesties Lieutenant Sworn, and Vice Consul of his Province or County) to oppose a Rebellion or Invasion without a
Quorum of Deputy Lieutenants, or Justices of Peace, who though Persons of great Honour, Ability, and Valour, to serve their King and Country, yet if Fetter'd together in
Quorums, like Plurality of Generals in an Army, by how much of higher Courage and Conduct they are, by
[Page 280]so much the more are they apt by Ambitious Emulation to cross one another,
To restrain Sheriffs by a
Quorum, dangerous to Publick safety. and bring the Army in confusion whom to follow. An Example of which happen'd in the Alarm in
Dorset, Decemb. 9th. 1678. of a Foreign Enemy landed on that Coast, which I have the more Reason to remember, happening to have been prickt Sheriff, but not Sworn for that County; when as soon as the noise was spread, some ran to the Sheriff, some to one Deputy Lieutenant, some to another, some to one Justice of Peace, some to another, some gathered together
East, some
Wist, some
North, with great Courage and Resolution to Fight the Enemy wherever they found him; but in such a Confusion, they knew not who was to Command, or who to Obey, and pity 'twas to see so many stout men so unarmed, undisciplined, and unprovided as they were; and certainly, if they are suffer'd so to continue in that and other Countries, it is impossible for the Protestant not be Surprized by whatsoever Rebellion the Native, or Invasion the Foreign Papist (unless God as he hath hitherto done, discover their Plots by Miracle) Design and Attempt; neither doth appear any more ordinary way of Remedy, than freeing the Militia from
Quorums, who without their default may have Popish Spies unknown crept in amongst them, (which is impossible for any but a single Person to prevent) to discover their Councels, and cross all their Actings, and will be utterly disabled either to Arm, Train, or Discipline a Militia, as were necessary; all which would be easily done by a Sheriff who is a single Person, if his Ancient Legal Authority were, as is most fit, restored to him to Act singly for the preservation of his Country without a
Quorum, and his Honour and Interest would oblige him, had he undisputable Authority to Muster, Arm, Train and Discipline those Men to the height, whom he himself, if an Enemy appears in his Year, is to lead in Person against him.
(8.) The greater the number of Judges, the greater the delay in the Proceedings.
(9.) The greater number of Judges, the more difficult to obtain Remedy against those of them who Judg wrong, for they conceal their names, as the Lords of the Session of
Scotland, being Fifteen, and sometimes Eighteen, compel the President to sign their Sentence in his name,
A. B. I. P. C. that is,
in praesentia Curiae, though it be contrary to his Vote, whereby it is as impossible to discover who gave the wrong Sentence, as 'tis in a Jury who gave the wrong Verdict deliver'd by the Mouth of their Foreman. So in
Athens, the Court of the
Areopagites were in number Twelve, and they gave their Sentence into a Balloting Box, by Black Beans, and White Beans, whereby it
[Page 281]was impossible to know who gave the unjust S
[...]ntence, on which
Plutarch mentions a passage of
Alcibiades, who being sent for home out of
Sicily to
Athens to be question'd for his Life,
Fugam fecit; and being askt by one, saying, Wilt thou not trust thy own Countrey who begat thee, to be thy Judg? No, quoth he, nor her who brought me forth, lest she being Ignorant, and not conceiving the Truth, mistake a Black Bean for a White. Amongst o
[...]hers was the Custom to do it with Black and White Stones, as
Ovid,
Mos erat Antiquis niveis atris
(que) lapillis,
His damnare reos, illis absolvere culpa.
They Sentenced with Stones of Black and White,
That know thou mightst not who Judged Wrong or Right.
(10.) The Appeal must be to double the number, as from a Jury of Twelve, to a Jury of Four and Twenty, which makes double the danger amongst so many, they all concealing their Names in giving their Verdict, as well as the first Jury.
(11.) When a Jurisdiction is divided to two Judges, which might have been exercised by one, by the Interfereing of the divided Jurisdictions a man is pull'd to pieces, to pay Tribute for the same Cause to both; as between the
Chancery and the Common Law Courts, between the
Kings-Bench, and
Common-Pleas, one on Indictment of Trespass, the other for Action of Trespass, for the same offence; so between the Common Law Courts, and the Episcopal Courts, a man is not only put to double Costs, but is twice punish'd for the same offence, and all Jurisdictions in the hands of several Judges will interfere, except such as are divided by Territory, and no other respect, as the Jurisdiction of one County-Court is divided from another by Territory, the County Pala
[...]ines from the
Westminster Courts by the Territory bounding them, the Admiralty from the Common Law Courts by the Territory cover'd with the Sea.
(12.) Where one Judg is sufficient to perform the Office of many, with greater Expedition and Justice, a multitude of Judges must be then a vast Charge to the Publick, and a Prejudice; as, if to Justice the
Romans had appointed Twelve Judges for every Province, where one alone discharged the same, it had been enough to have exhausted the Treasure of an Empire; it is manifest, that but three Judges, only i
[...]
Westminster, one in the
Kings-Bench, the other in the
Common-Pleas, and the third in the
Exchequer, let them have but the Jurisdiction of
[Page 282]Fact, Law and Equity, as they ought to have, may with as exact Justice and greater Expedition than now is done, discharge all the Offices of the Twelve Judges of the
Kings-Bench, Common-Pleas, and
Exchequer, save the labour of the Prerogative Court of Arches, Court of Audience, Court of Faculties, Court of Peculiars, Consistory Courts, Court of the Arch-Deacon, or his Commissary, the Court of Delegates, and all Episcopal Courts and Offices, and likewise save the Labour and Charge of a distinct
Chancery, and of all original Writs, and of all Commissions of Rebellion, and of all Outlawries, of all the intolerable Slavery of Sheriffs in making Pannels, and of Free-holders serving in Juries, and of
Nisi Priuses, and of Councels speaking to matters of Fact before Juries. And that three Judges are sufficient to do this, and many matters more, I speak by experience; for there were but four
English Judges sent into
Scotland, and sometimes there were but three, and sometimes but two, there the other serving in Parliaments, as they fell out, and occasion required, and we discharged all the Offices of Lords of the Session, Lords of the
Exchequer, and of the Justitiar General in his Justice-Eir, and in his particular Justice-Courts, which did answer all the Offices and Power of the Judges in
Westminster, of the
Chancery, Kings-Bench, Common-Pleas, and
Exchequer, and of the Justices of Gaol-Delivery in their Circuit, and besides these, we Discharged the Commission for Plantation of Kirks through all
Scotland, and were Visitors of the Universities; there were Judges likewise of the Seisures of all Ships except
English, Importing any Goods of the Production of
Asia, Africa, America, or
Europe, contrary to an Act made 1651.
Cap. 22. for Increase of Shipping, and encouragement of Navigation; we likewise Discharged a Commission of Claims, and a Commission for moderating the Fines laid on Persons who had been in Hostility, to a Third part; we likewise Discharged a Commission to Elect all Chief Officers in the Boroughs, and made all the Sheriffs of
Scotland; yet had we not above Six Hundred Pound
per Annum for all this, and about Two Hundred Pounds to bear the Charge of a Circuit, which was no profit to us, but spent in entertainments for the Publick Honour; neither did we take any Present, Treat; or Entertainment from the Sheriffs, though of our own making, and much less any Bribe, or so much as
Esculenta, or
Poculenta from them, or any other; now that which made it possible to us to Discharge so many Courts, Offices and Commissions, was, that we were saved the labour of having Causes tossed and tumbled from
Chancery to Common Law, the
Chancery and Common Law being there united, and Pleas of Equity admitted in the same Court, and there being no Juries
[Page 283]in Civil Actions, the same Persons were Judges of Fact, Law and Equity; another cause was, that there were no Original Writs, but the more compendious and just way of Summons used, by serving the Defendant with a Copy of the Declaration; another cause was, that Councel could not speak to matter of Fact in Civil Actions before Juries or at
Nisi Priuses, there being none, nor was so much as one of them suffer'd to speak or appear at the Bar when the Depositions of Witnesses are Advising or Reading, as they do with us at
Chancery-Hearings, to the intolerable charge of Suitors, and destruction of Justice and Equity; another cause was, that the Councel first excepted to the Law, which we call a Demurrer, and after that to the Fact, which we call a Plea, and had that liberty given, both to demur and plead, which kept the way so clear before them, that they had never any Delays by Jeofails, Repleaders, Arrests of Judgment, or Writs of Error; another cause was, that both Parties and Advocates took the Oath of Calumny, that they believed their Allegiance just and true,
Illud juretur quod lis sibi justa videtur, which Oath keeps their Allegiances clean from falsity, that I never found so much as one Fiction in all their judicial Proceedings; and if the same Oath were but taken here as there, I believe there would not one Bill in
Chancery, or Declaration at Common Law come in for Twenty, which now are thrust in by heaps; many other causes there are, which lessen the labour of a Judg, and of the Suitors, which for Brevity I omit; all which shew the Prudence of that Noble Kingdom, where the People enjoy so great Justice with so little Cost and Contention; Lastly, we could have done more Business than we did, had we been set to Act as the
Roman Judges, every one single, without Associates in a Court by himself; and how great an Addition to the Publick Treasury, as well as advantage to Justice, the lessening the number of Judges, and turning Fees to Salary will cause, is already mention'd.
A Satyr against the Cruel Preposteration of Ecclesiastical and Temporal Courts in Judicial Proceedings, contrary to the Precept of Christ,
Matth. 18.15.
AND will you never learn the skill,
Which first Subpoena is, or Bill,
Or foremost know with all your wit
If Declaration is, or writ,
Or which precede should in your Tale,
The
Capias or Original?
You which is best, who make a pause,
To Sentence first, or hear the Cause,
With Execution who begin
Before a Judgment, or a Sin,
Who grinde and eat the Poor distrest
With Tongue and Teeth of
Romish Beast?
For Grace, in
Anglice's who curse;
The Rent was bad, the Patch is worse:
Who have no Summons but Surprize,
Who have no Laws but Treacheries:
Do you not know there is a Cry
Gone up against your Cruelty?
The Prince himself of Righteousness,
So foul Oppressions to suppress,
Descended hath on Earthly Globe
And glorious Dy'd his Scarlet Robe
In his own blood, to keep the Peace,
And from your Dungeons to release.
Twelve Trumpets hear,
12 Apostles.
whose Silver sound
Doth from the
East to
West rebound,
Proclaim'd the Sacred Edict have,
And Penalty, whence none can save;
Which lest to you should be in vain,
Ye Adders deaf, hear it again.
If Thee, thy Brother, or thy Friend,
Or Enemy, hap to offend;
See thou to warn him do not grudg
Twice at the least without a Judg,
And the last time, see thou no less
Shew him than thy two Witnesses,
Or three, to make the Fact appear,
If he shall doubt, to him more clear.
Nor shalt thou him for any thing
Unto the Seat of Judgment bring,
Untill he
Litis Contestate,
Or shew a Contumacious hate;
That, if thou canst, thou may'st him prove,
Thus first at home to win by Love.
Let every Plaintiff thus his Suit
Begin, or be for ever mute,
No form of Strife shall be but this,
Our express will and pleasure is
The Nations Bow, and struck with Awe.
Adore the Justice of the Law,
And to the dread Tribunal run,
High as the Clouds, bright as the Sun,
With loud Appeals, and further will
Upon this Statute draw their Bill,
Both of Indictment and Complaint,
And of these Crimes you thus attaint:
That against this Divinest Act,
More Fees and greater to exact
The furious Plaintiff false or true,
While hot you bind him to pursue,
The slow Defendant wrong or right,
You Bail or Goal to make him fight,
And Fines on Concords heavy lay,
To make them your unhappy prey;
The Debtor travailing to find
The Creditor with honest mind,
Your Outlawries ambush the way,
And will not suffer him to pay,
But in your Tolls you take him there,
And bind him like a filly Dear,
Or (what doth make him as forlorn)
To death you hunt him with the Horn,
To make his Skin and Carcass yours,
You cheat both him and Creditors,
And while his Plaint each sadly tells,
You take the Fish and leave the Shells.
Thus Innocents you lay in Chains,
Before they know who 'tis complains,
Or what 'tis for; nor shall they see't,
Till all Extortion's paid by Sheet.
You lay Imbargues, and Prizes take,
Before the War proclaimed you make,
And Right by Battle try, and Wounds
Mortal, before the Trumpet sounds;
Your Hell-hounds hunt without a noise,
Your Snake not rattles, but destroys;
There's nothing true, and nothing Sworn,
Till Justice is to pieces torn,
And you who cite not, but infest us
With your
Excessus Manifestus,
And us torment with great unfitness,
Dr.
Cousins writes in defence of suppressing the names of Witnesses, Accusers. Excommunication
ipso facto without Citation.
Because you will not name the Witness,
Your
Ipso Facto's make us wonder,
At Thunderbolts without a Thunder,
And Bodies Judg in Hell to cast
Before the Judgment day is past,
And deathless Souls make pale and wan,
Because you Curse before you Ban.
No Plea deceives the Judg on high,
What will you do, stand mute or flie?
All rather, or, who most repents,
Burn Popish Forms and Presidents;
Is it not better then to turn
To Flames, than you your selves to burn?
Some way with speed appease his Ire,
Your pain proclaimed is, Hell and Fire.
Of Summons to answer before a Copy given of what is required to be answer'd.
This is in
Scotland provided for by Act of Parliament, and no man is troubled to appear before any Judg to answer, before by their Libell'd Summons a Copy is deliver'd to the Person, or affixed at the Door of his dwelling House, containing all the matters at large to which his answer is required; and though the People of
England are not yet so happy as to enjoy so great a Privilege, on which those invaluable Treasures of their Liberty and Propriety depend, yet every Attorny and Clerk of a Court hath it, and is free from giving appearance before a Judg, or being Arrested, till a Copy of the Declaration first deliver'd him, and Judgment pass'd against him,
Attor. Ac. 28. The reason why these Lay-Clerks, who are Successors in Courts to the old
Romish Spiritual Clerk, Monopolize this from the whole People only to themselves, is Filthy Lucre: For first, if the Plaintiff were compell'd, as he ought to be, to make
Oblatio Libelli to the Defendant, by giving or sending a Copy of his Bill in
Chancery, or of his Declaration at Common Law, to the Defendant at his dwelling House,
[Page 287]and so likewise the Defendant bound to return his Answer Sealed up, directed to be left for the Plaintiff in such Court, having Jurisdiction of the Cause, as the Plaintiff desired, within Fifteen Days after the Service of the Copy at the dwelling House, to be by the Officer of the Court deliver'd Sealed to the Attorney of the Plaintiff when he demands the same, and the like done on Reply, Duply, Triply and Quadruply, and all Exceptions of Fact or Law, Postulations and Motions of either Party, both on matters principal and incident, till there be a Contumacy to return Answer, or a
Litiscontestation made, and a Commission desired to examine Witnesses and the Parties for Probation, this would cause all those little Shreds of Sheeps-skins which so unnecessarily torment the Countrey, and the dead Pots to be laid aside, as the Popish
Agnusses Dei, or rather
Agnusses Diaboli were, and so the Successors to the Popish Clerks would lose their Fees in the one as well as the other, to the great joy of all the Protestants. (2.) What is worse, they would lose their Eight pence
per Sheet for but Eight words in a Line, and Fifteen Lines in a Sheet in
Chancery; and for Six half words in a Line with a Dash, and Twelve Lines in a Sheet at Common Law, all which a Boy would far better transcribe for a Peny
per Sheet; for want of which
Oblatio Libelli, by the Plaintiff, a Rich man will of purpose draw his Bill in
Chancery, and stuff it with nothing but Falsi i
[...]s so long to multiply the Sheets against a Poor man, that it will cost him many times Three or Four Pounds for a Transcript, for which he must send an Hundred Miles besides, before he shall know what he must Answer. So that the Rich need do nothing else to undo the Poor but suggest and throw him into the Lions Dens of
Chancery, Common Law and
Checquer-Clerks, for Copies of those Legends of Lies they themselves invented; whereas, if these rich and vexatious Plaintiffs were compell'd to serve Defendants by sending them from their Pallaces, but a Copy to their poor dwelling Houses or Cottages, what their wills and pleasures are to have right or wrong, they would pay as far as they were able, rather than if they told them they should first go so far to Clerks to buy Copies of their Will and Pleasure before they would vouchsafe to reveal the same, and after be less able to pay than before. (3.) They would lose all the Gains of those unnecessary and hurtful Entries and Inrollments of the Bills, Declarations and Pleas of the Parties, in those huge heaps of Mouldy Rolls, wherein it is easie for them to forge what they please; for no Averment is allowed against Clerks and their Records, which should be far better and more Authentick, were the Copies delivered Signed by the Parties themselves, and only filed orderly as received from the Parties, and not Enter'd nor Inroll'd
[Page 288]by the Clerks, but kept by Filazers. (4.) They would lose all the Gains
de Temere Litigantibus, which is more than they have from
[...]uitors which Sue of necessity and for just Cause, and would not have one Suit in Ten which they now have before them; for the Countreyman▪ where the Writ is served before the Bill or Declaration, think they shall Conquer presently their Adversary, if they but Arrest, Outlaw, or have a Commission of Rebellion against him; whereby they are encouraged by Attornies to rush blindly into unwarrantable Suits, which many times undo them: Whereas if the Law were, as it ought to be, by the Precept of Christ, That every Plaintiff should first send a Copy of his Bill to the Defendant, and heir his Exceptions against it, or sind his Contumacy, before he Summon'd him before a Judg, he would, before he would rashly en angle himself in Law-Suits, consult Councel, and have his Bill or Declaration drawn by them, and hear the Exceptions of his Adver
[...]ary against it, after which, there would not one of Twenty dare run headlong on a wrong Suit, except P
[...]sons extreamly Litigious and shameless: Whereas now on Summons and Arrests tolerated before a Copy of the Bill, or Declaration given the Defendant, vexations Contentions both in
Chancery and Common Law are infinite and endless.
Of giving a Copy before an Oath of Calumny, That he who gives it, believes the same true and just.
The Oath of Calumny may by the Civil Law be required, not only of the Parties Litigant, but of their Advocates and Procurators, who are in our Language their Councellors and Attornies, and the same is appointed by an Act of Parliament of
Scotland, the Practice of the Courts there, and the same is done not only to the Bill, but to all parts of Process alledged either by Plaintiff or Defendant, and is of excellent Use to clear those Contagious Plagues and Pests of Judicial Proceedings, Fictions and Falsities, and to restore Truth, which is impossible to be kept alive in Religion or Justice, without abolishing the other.
The Causes which introduce Fictions and Falsities into Judicial Proceeding are Four: One, the not using the Oath of Calumny: The Second, the not admitting Averment or Probation to the contrary: The Third, the not giving the Adverse Party notice of the time and place the Swearer is appointed to be Sworn, and liberty to be there present himself, or by his Commissioners to except against
[Page 289]him if he have cause. The Fourth is denial of Travers, and Contrary Probation to all that is doubted to be false. In the Civil Law there was but one Fiction, which was
Fictio Postliminii; the occasion whereof was, the
Romans, to incite their Soldiers to Conquer or Die, which is to take no Quarter, toucht by
Virgil, Jaciat si quem fati sors dura peremit, and
Horace, p. 75.
Si non perit immiserabilis captiva pubes; If Captive Youth should not be suffer'd to perish without Pity and Redemption, it would, saith he, be a pernitious Example to Posterity, had this Cruel Law or Custom, That who was a Captive, lost the Rights of a Citizen; and who died a Captive in the Power of the Enemy, his Estate should be confiscated to the Publick Treasury, and he should have no Heir to succeed him.
ff. de Captiv. & postlimin. To abate the rigor and severity of this Law, the Judges helped the Captive by a Fiction, feigning, that he was never taken Captive, but always remained in the City; and the Legislative, in imitation of the Judges, that they might the less be taken notice of to derogate from their Military Discipline, stretched the former Fiction a little further, and enacted by their
Lex Cornelia, in favour of the Heir whose Father happen'd to die Captive to the Enemy, (a Charitable Fiction, not to punish the Child for the Fathers offence) that the Father died the next hour before he was supposed to have been taken Captive;
L. Si is qui pro Emptore in addit. marg. de Ʋsucapio. And like that of the Midwives of
Aegypt, to preserve young Children from Destruction, seems excusable, if it was not possible to do it any way else: but these Episcopal Fictions, That Marriage is of Souls, not Bodies; of Spouses, not Wives; begetting of Children is by Husbands absent within the four Seas, not by Adulterers within the Spouses Bed: That Sons are not of the blood or kin to the Father who begot them, but of him of whom the Bishop will please to certifie them: these are not
Mendacia Officiosa, but
Pernitiosa, not to preserve Children, but to destroy them; and not only those of Subjects, but of their Prince, though not captived in War, yet exiled by War,
No Digression to father on Bishops the Fictions and Preposterations of Common Law, as well as Spiritual Judges. by which it was impossible to use the Episcopal Ceremonies of Common Prayer-Books in Marriage, or without danger of his Life to Marry otherwise than by the Moral Law of God.
And let it not seem here a Digression, that I am enforced to Father on
Romish Bishops not only all the pernitious Fictions and Preposterations in Judicial Proceedings of Spiritual, but likewise of Temporal Courts, and to make it part of the Exception against them, That they are not fit Judges of
Marriage, Filiation, Aliment and
Succession. (1.) Because
Romish Bishops, as is already shewn, were the Formers of all the Common Law Writs in the Register, and Forms of Judicial Proceedings
[Page 290]in the Book of Entries, and the Compile of the Common Laws was trusted to
Britton a Bishop, as well as the Forms of the Citations, Libells, Litiscontestations, Compurgations, Excommunications, and Provincial Laws and Canons were to other Bishops, and the Bishops have been the chief Judges in the Common Law Courts of
Westminster, and Chancellors in the
Chancery, and have rid the Circuit with the Earls in the Countries, and after them with the Sheriffs; which Earls and other Lay-Judges in time of Popery were only Assessors or Executioners of the Sentence of the Bishop, and he only the pretended infallible Oracle both of Law and Gospel to Judg how he pleased. (2.) Because what is a good exception against a Common Law Judg, is a good exception against a Spiritual Judg; and what Fiction is a good exception against
Succession by the Verdict of the Jury, is a good exception against
Succession by the Certificate of a Bishop. (3.) Because by a kind of Conspiracy between the Spiritual and Common Law Courts in time of Popery, their Preposterations, Fictions and Formalities are so complex'd and intangled one with another, that 'tis impossible to divide them, or carry on a perfect Discourse of one without the other, or of Preposteration without Fiction and Formality; the one being commonly cause of the other. (4.) It is necessary to prevent any Excuse the Spiritual Judg may pretend; if he should say, The Common Law Judg is suffer'd to Summon and Arrest before Copy, to Copy before Oath of Calumny, and to use Hundreds of Fictions and Falsities in his Judicial Proceedings, and why should not the Spiritual Judg be allowed as well as he? but where they are both censured, they can neither recriminate. And how guilty they both are of nursing that viperous brood of the old Serpent, who have eaten through the Bowels of Justice, may appear by the particulars following: The
Subpoena in
Chancery is a Writ or Summons formed by the Bishops themselves when Chancellors, wherein notwithstanding the Holy Catholick Fathers formed as many Lies as Lines. (1.) It begins, as
West hath it,
Proceeding in Chancery, p. 183. Jacobus
Dei gratia Angliae Scotiae Franciae
& Hiberniae
Rex Fidei Defensor,
Fictions and Falsities fomented in all Forms of Judicial Proceedings.
Subpana's full of Fictions. &c.
A. C. salutem Quibusdam certis de causis coram nobis in Cancel' nostra propositis. This is not true, for though here, and in other Nations anciently, Princes sat in their Courts of Judicature in Person, 'tis not so now; neither are any Causes proposed
coram nobis, before the King in Person, unless, as some presume, they will attribute the incomprehensible Attribute of Omnipresence to Humanity; neither is it sufficient to reply, that he is present there by his Delegate; for a Delegate is only where the Prince is absent, or will not himself receive the Complaint, which is signified by
[Page 291]the words of
Absalom, 2 Sam. 15.3.
See thy matters are good and right: for there is no man deputed of the King to hear thee. Intimating, if there had been a Judg Deputed he needed not fear the Kings presence to have his matters so severely weighed, as if he had Judged in Person. And we see, to avoid the Fiction of Human Omnipresence, in an Action of Debt returnable in the Common Pleas, where the King sat not in Person, but Judged by Delegates, the Sheriff is commanded
Sum' per bonos Sum' praedictum A quod sit coram Justitiariis nostris apud Westmonasterium; and if it had been
Coram Nobis, it would have been a Fiction; but that which makes the
Certis de Causis coram nobis in Cancel' nostra propositis, not only a Fiction, but a gross Falsity, is, that the Complainant hath taken out his
Subpoena before he hath any Bill presented either to the King in Person, or the Chancellor, or the meanest Clerk in the Court. It goes on and say,
Tibi praecipimus firmiter injungentes quod omnibus aliis praetermissis & excusatione quacun
(que) cessante. Yet ought the Defendant to be admitted to offer a lawful cause of Excuse or Essoin. Next it says,
In propria persona tua, yet may the Defendant be admitted to appear by Attorney. Next,
Sis coram nobis in dicta Canc' nostra à die Paschae proxim' futu
[...]' in unum Mensem. Yet to appear
Quarto die post the Return-day, is sufficient; then,
ubicun
(que) tunc fuerit ad respond' super his quae objicientur, an Objection cannot be, unless there is some allegation first put in by the Defendant, any more, than an Answer can before some Bill put in by the Plaintiff: here is therefore a double Falsity, and the Poor Countrey man is fool'd, to ride up an Hundred Miles, when he never put in a Bill himself to be objected against; nor, when he with much labour is got to Town weary,
quarto die post, is there any Bill put in against him by the Complainant for him to Answer. Then it is further said,
Et ad faciend' ulterius & recipiend' quod Curia nostra consideraverit in hac parte, yet had neither Party, Plaintiff or Defendant, a Bill or Answer in Court; how can it then be said
In hac parte, where there is no Party.
Et hoc Sub poena Centum librarum nullatenus omittatis. This is likewise a Menacing Fiction, the Chancellor having no Power to impose any Fine or Forfeiture on any Subject, of a Farthing.
Et habeas ibi hoc breve. Teste meipso apud Westmonasterium, when the King is a Hundred Miles off
Westminster, 12
die Febr.
Anno Regui Domini, &c.
George, &c.
But if the Defendant is a Noble-man, then no
Subpoena is awarded, but a Letter by the Lord Chancellor or Lord-Keeper, thus,
A Note of the Fictions of the Episcopal Form of the Letter in
Chancery, usually sent to a Noble-man, instead of a
Subpoena, to Answer.
The Superscription is, which first comes to be read, and is directed thus,
‘To my very good Lord,
I. L. D. These.’
This Title of
very good, if it had been put in
Latine, might have been more Complementally express'd
Optimo, had it not been a Danger lest
Maximo would have been added: whether the Title of
very good given to man, is always as great a Fiction as the Titles of
Sanctus Clemens, and
Pius, given to Popes, may be always doubtful, in regard Christ himself in Humility refused the Attribute of
Good, which is a degree under
very good; Luke 18.19.
And Jesus said unto him, Why callest thou me good? None is good but One, that is, God; but this Title
very good, is sometimes certain, and not doubtful to be a Fiction, when it is attributed to the Leudest Person known, the Letter begins,
‘After my very hearty commendations to your Lordship;’ (This, when there is a Mortal Feud between the Chancellor and the Lord, must be a Fiction)
‘Whereas there hath been of late a Bill of Complaint exhibited into the Court of
Chancery against you, by
H. O. Gent. I have thought good to give you notice thereof rather by these my private Letters, than by awarding his Majesties Ordinary Process.’ This, if no Bill is come in, is as great a Fiction and Falsity in a Private Letter, as in a
Subpoena; and it were far fairer dealing with any Noble-man, as well as a Poor man, if
J. O. first took his Oath of Calumny to his Bill, and then made him, according to the Precept of Christ, an
Oblatio Libelli, and sent him a Copy of his Bill by his own Letter, before he troubled him with a Chancellors
Subpoena or Letter, and made Use of them only on Probation and declaratory Sentence of Contumacy first obtained; and after that obtained, far fairer dealing it were with
J. O. or any Poor man to grant the same Process of Contumacy that a Noble-man shall have against a Poor man, and not put him to the extraordinary cost and incertainty of a Chancellors Private Letter to a Noble-man, seeing by Law he ought not to receive any Private Letter from him; and such Noble-man ought to be punished by the Civil Law
de Ambitu, and by the Common Law for
Maintenance, if he send any; and this Justice would prevent Fictions both of Poor and Rich, and bring forth Righteousness and Truth.) The Letter goes on, and says,
‘Wherefore these are to pray your Lordships to give order for the taking out of the Copy of a Bill, and for the putting in of your Answer thereunto, according to the usual course in such Cases accustom'd, at or before
Octab. Hill. next ensuing.’ By this Prayer here is a Fiction, that the old Episcopal Chancellor
[Page 293] had an Imperial Authority over the Commons, and only Precarious over the Nobles, and was a Fiction, if he derived his Authority from the King, of the weakness of the Royal Power, and of a Dishonour to it, as if it was not able to do Justice to the Commons against the Nobles, as well as to the Nobles against the Commons; if a Sheriff at Common Law should Execute his
Praecipe quod reddat, and his
Praecipe quod faciat (whereby he is will'd by the King to command those against whom those Writs are directed) by writing his humble Letters, when he perceives they concerned Noble-men, to pray their Lordships to do what he was appointed to command, the Law makes him liable to high punishment; and why a Chancellor should not be liable to the same, who commits the same offence, and having the Kings Process to command in his hand, will not, or dares not administer Equity by the same equal Process, to his Majesties Subjects both Poor and Rich, appears no reason, or rather an higher,
Quanto Major qui peccat habetur, by how much greater the Power of a Chancellor is, extending to a Kingdom, than of a Sheriff confined to a single Countrey. The next in the Letter is,
‘Nothing deubting but that your Lordship will have the care and regard which appertaineth,’ (but another man may doubt whether he spake Truth or Fiction,) He concludes well, if not in Hypocrisie,
‘I leave your Lordship to the most Merciful keeping of the Almighty,
from Saint A.
the 9th. of May, 1654.
Your very loving Friend,
J. P.’
Prolixity caused by Fiction.The Bill in
Chancery for want of the Oath of Calumny is known to be commonly a Pack of Lies from beginning to the end, which is full of infinite Mischiefs, and destructive to all Justice, and makes it of such immense Prolixity, (for Lies may be infinite, but Truths are few and short) that it compels the Answer to be longer than it self; for every Lie must be Answer'd as well as the Truth; and by reason of such Prolixity, neither the Chancellor, as he ought to do, will take the pains to read, nor the Councel to be instructed in either; but the Truth like a Grain of Mustard-feed thrown into an heap of Tares, is lost, and impossible to be found; and Sentences and Decrees pass'd both Interloquutory and Final, without the least Merit of the Cause Started, Stated or Debated.
The Process of the
Chancery is almost as mischievous a Fiction, as the Outlawry at Common Law, which is the Commission of Rebellion, that on non-appearance, the most Loyal Subject that is may be Feigned, Proclaimed and Imprisoned as a Rebel; so the Chancellor
[Page 294]needs nothing but a Fiction to elude
Magna Charta, and the Petition of Right, and an Hundred Acts of Parliament more if they were made to that purpose, to which the Fiction is point blank contrary and destructive, and as inconsistent with all the Fundamental Laws of Liberty and Propriety, as Darkness with Light; yet is there no necessity of it at all: for where it is not necessary to take the Defendants Oath, but the Plaintiff can prove his Bill by Witnesses, full Justice may be done either by
Missio in Possessionem, where the Action is Real, or where it is to stop Suits by the
English Injunction or
Scotch Suspension; and where the Defendants Oath is necessary either for Discovery or Probation on proof made of the Bill, and of the Countumacy and Sentence Declaratory, a
Capias may be awarded against the Defendant, as after a Judgment pass'd.
Fictions of
Latitats.If we go to the Common Law Process, that is as bad infected with Fictions as the Court of Conscience. The
Latitat is a meer Lie; first it supposeth a Bill of
Middlesex to precede, where there is no such matter; then the Defendant is slander'd
Latitare & discurrere, when he lives as openly as any of his Neighbours, and never stirs from his home; the suggested
Latitations are therefore Lies: Then it saith,
De placito Transgr' Ac etiam; for if the
Ac etiam be true of Debt, then it is false as to Trespass; for there can be no Joindure in Action of Debt and Trespass in the same Writ; and so the
Kings-Bench ought to have no Jurisdiction of Debt, notwithstanding this Fiction, except on a Writ of Error, which is, upon the matter, confess'd by
Coke himself, though he was Lord Chief Justice of the
Kings-Bench; for he saith, 4.
part, 76. In former times some ill disposed Clerks of the
Kings-Bench, because they could have no Original returned out of
Chancery for Debt in that Court, they would Sue out an Original Action of Trespass, a meer feigned Action returnable in this Court, and so proceed to Exigent; and when the Defendant appeared, the Plaintiff would waive all the former Proceeding, and file a Bill against the Defendant for Debt; which, he saith, deserveth severe Punishment according to the Statute of
Westm. 1.
cap. 29. If the
Kings-Bench therefore ought not to entertain the Fiction of a Trespass from the
Chancery, to hook in the Jurisdiction of Debt with it, but the Practice ought to be severely punish'd; why doth that Court allow it self the Fiction of a Trespass in a
Latitat, to hook in the
Ac etiam Jurisdiction of Debt, and not severely punish the same?
Acts of Parliament eluded by Fictions. according to the Censure of their own late famous Chief Justice
Coke in a stronger Case, when the Fiction comes from the Chancellor under the great Seal it self. Or why should a Chief Justice be suffer'd to elude
Magna Charta, the Petition of Right, and
[Page 295]all other Fundamental Laws of Liberty and Propriety, and starve and rot the Poor Subjects in Prisons on meer Fictions of
Latitats, more than a Chancellor ought to be when he pleaseth by the Fictions of his Commissions of Rebellion, seeing both
Latitats and Commissions of Rebellion are both point blank contrary to the Fundamental Laws of Liberty and Propriety?
Fictions of Summons served.Then, the Original Summons in the
Common-pleas, which should by Law issue before the
Capias and Outlawry, is usually by Fiction of the Clerks taken out as of a former
Term, and Antedated, the Sheriffs Returns upon them forged, the Returns of the Exigend and Proclamations forged, the Outlawry forged; Crimes in Clerks and Attornies, which, if a Law were published for it, deserves death. So a Clerk will Outlaw any man in an hour, as well as a Twelve-month, and this he doth by Fiction, and as he calls it, of Course; and all those Acts of Parliament which have been made, or will be made, against the secret Stealing out of Outlawries, are to no purpose, and every Clerk derides and eludes them by Fictions of Course, and will do, unless all Fictions in all Actions, and all Outlawries in Civil Actions are clean taken away, root and branch.
Fictions in Trespass.Then for the Action of Trespass, 'tis full of Fictions; it makes a
Clausum fregit, where there is neither Hedg nor Ditch, nor other Inclosure; my Lord
Coke indeed says, There is one in the Eye of the Law; but I am sure there is none in the Eye of the Gosp
[...]; then there is a Fiction of a
Vi & Armis in the Trespass, though a Woman, or a Child, or a Sheep, or a Lamb do it. Then a Fiction is made of a
Continuando of the Trespass, when the Trespasses were all severally committed, with intervals between each Trespass; then because the Writ-maker will be sure to run as far beyond the Truth as he can, he will conclude with the Fiction of
Alia enormia ei intulit, though the Lamb did nothing there, but what was scarce enough to make it a Trespass,
Fictions of Transitory Actions. Fictions in
Trovers. cat some of the Grass. Transitory Actions are Fictions and great Abuses.
A
Trover is properly an Action of the Case, which a man may have against another for Finding, and detaining from him of his Goods so found; as for his Hawk reclaimed with her Bells, for his Gold-chain, Purse of Money, Box of Writings lost and found by another; and the Declaration is,
Bona praedicta casualiter amisit Quae quidem bona & Catalla ad manus & possessionem praed' A devenissent, yet do they use to bring this Action where there was never any casual loss of the Goods, nor finding of them by the Defendant; as, an Action of
Trover may be brought by the Master, for Money which a Servant, sent with Corn to Sell for
[Page 296]him received on Sale of the Corn,
M. 40,
& 41.
Eliz. B. R. Holiday & Higs, yet here is neither casual losing or finding of the Corn or Money; And it may be brought for Twenty Pooks of Corn,
Tr. 38.
Eliz, C. B. Price, versus Sir
Walter Sands, yet such Goods standing after Reaping, in the same Field where they grew, cannot be said to be lost when they are taken away, nor found by the Trespassor who took them, any more than if he had taken them before Reaping; so a
Trover is brought for an Hundred Load of Wood, and Forty Beech-Trees,
No. lib. intra 41.
S. 33. which quantity cannot be said to be casually lost; so they use to bring
Trovers for a Cow or an Horse not found, but bought
bona fide, not knowing any other owner but the possessor who sold them; and likewise on Goods lent by one to another, for which Goods the proper Action is a
Detinue, but they turn the true Action of
Detinue, into the false of a
Trover, for these two Reasons; one to deprive a Third Person injustly of his lawful Garnishment and Right of Interpleder; the other in this, to do what they use to do in the rest, that is to say,
Fictions make Judicial Proceeding unintelligible. Fictions in Ejectments. to make Judicial Proceedings Nonsense and unintelligible, that in so dark a Mist of Ignorance on the People, they may judg what they please unperceived; and this they may do with greater security than
Latine, for
Latine is intelligible to some, but Fictions and Nonsense to none; and all this is caused by neglecting the Oath of Calumny.
The General Trial of Titles by Lease of Ejectment is likewise by Fictions in the Verge;
Coke says, 2.
part, 548. there can be no Suit, except one Party at least be of the Kings House, yet Suits are there, though all Parties are strangers, which must be by Fictions.
An Obligation made beyond Sea cannot be Sued in
England, as saith
Perk. 25.
& 95.
&,
France by Fiction brought into
England.
Bro. Obligation 70.
& Dr. & Stud. 63. but
Coke Com. 261.
b. g. saith, It may be alledged to be made
in quodam loco vocat' Burdeaux, in
France, in
Islington, in the County of
Middlesex, and there it shall be Tried. So though in matter of Life, of highest concernment in High-Treason, by adhering to the Kings Enemies beyond Sea; it is certain saith
Coke, such adherency without the Realm must be alledged within the Realm,
Coke Com. 261. And before the Statutes of 33. and 35.
H. 8.
&c. they used to alledg Treasons committed beyond Sea, to be committed within the Counties in
England, where the Lands forfeited lay, though it was done on Oath,
ib. & Stamf. 90. but this was in time of Popery, when they could easily dispense with Oaths, and take away not only mens Estates, but Lives by Fictions; I hope such Popish Fictions will no longer be suffer'd in Protestant Courts of Justice.
Coke saith, From the taking away of Oaths for the truth of the cause of Essoin, by the Statute of
Marlebridge, cap. 12. there arose after
Fourcher per Essoin by several Tenants
alternis vicibus, and making false Essoins
ultra mare, all endeavour'd to be taken away by
Westm. 1.
cap. 43.
& 44. but when a mischief comes by making an ill Law or Statute, it is never cleanly cured by after Statutes of Explanation or Limitation, without clean repealing again the Statute which causeth the mischief; additions of new Patches to old Garments, making the Rent but worse.
Fictions in Essoins.The mischief of Fictions of Husband and Wife to be but one Person, have been sufficiently shewn,
P. 66, 67.
Fictions de Plus petitionibus.In the Common-Law. Declarations the next Fictions, for want of the Oath of Calumny, are
de Plus Petitionibus. Conrad. 405. saith
Olim triplum condemnabantur qui majorem Summam in libello assignaverant quam reus debebat, but in more ancient times, I find they forfeited only the Tenth part, which with an Oath of Calumny might be now sufficient to restrain the lawless laying of Debt and Damage in their Declarations an Hundred times more than it is, which is very mischievous and dangerous to Defendants, when Plaintiffs pack and bribe Juries, and they happen to misplead, make defaults, or have other Casualties fallen on them, whereby they cannot attend their Suits. Dr.
Cowell says, The
Civilians are in no danger
de Plus Petitionibus, by reason of certain
Cautelous Clauses they ordinarily have at the end of every Position, or Article of their Libel or Declaration, to this effect,
Et ponit conjunctim divisim & de quolibet, & detali, & tanta quantitate vel summa, qualis & quanta per Confessionem partis adversae vel per probationes Legitimas in fine litis apparebit, and again in the conclusion of all,
Non astringens se ad singula probanda sed petens ut quatenus probaverit in praemissis, aut eorune aliquo, eatenus obtineat. But
Civilians and
Canonists make their Laws like Juglers-knots to tie with one finger, and untie with the other, they make a great noise of their Oath of Calumny, and
de Plm Petitionibus, and by these secret Clauses in their Libels, make it all again to no purpose.
All the Common Law Writs of
Questus est nobis, are now grown Fictions; and Declarations
Licet saepius Requisitus, are likewise Fictions, whereby men are surprized by Arrests before any Demand made; the
Inde producit sectam in the end of the Plaintiffs Declaration is now turned a Fiction, which was heretofore a legal proof of Witness, produced to prove his Declaration, for the better Caution against the false Calumnies of Plaintiffs; the former Taking of Pledges of the Plaintiff, is now turned to a Fiction of
Plegii de prosequendo, John Doe and
[Page 298]
Richard Roe, the Counter-pledges exacted of the Defendant, are now turned to a Fiction;
John Den, and
Richard Fen.
Courts of Justice compel to Fictions and Falsities.It doth not satisfie Courts of Justice to tolerate Fictions and Falsity, but they compel to them; as, the Defendant shall be compell'd to give colour; a meer insensible Fiction and Lie, he shall be compell'd at Common Law to answer Negatively or Affirmatively, as if he were Omniscient, and shall not be permitted to say
Dubito, or
Ignoro, though Juries of greater number may all say
Ignoramus; he shall be compell'd to a
Plus petitio, to avoid a Variance between his Obligation and his Declaration, as
Bro. Confess. 37. If a man Sue an Obligation for Ten Pounds, and the Defendant confesseth all except Forty Shillings, whereof he sheweth an Acquittance, the Plaintiff prays Judgment, and says nothing of his Acquittance, for if he confess it, his Writ should have abated.
Fictions of Acts made the first day of the Session.If an Act of Parliament come before them to judg, when it was made, they will judg it by Fiction, to be made the first day of the Session.
33.
H. 6.17. the Case was this, In the
Exchequer-Chamber, Fortescue Rehearsed how the Parliament last past, made a special Act against
John Pilkington
Esq for the Rape of a Woman out of
N. &c. and Rehearsed the effect of the Act, and how by the same Process was granted to be made to the Sheriff of
E: to make certain proclamations in a
Ville, that the said
John ought to appear before the Lords at
W. at a certain day,
&c. to answer to the Trespass contained in the said Act,
&c. and if he would not, that then he should be attaint of the Trespass, and pay a certain Sum to the Party,
&c. and that the Proclamations were accordingly made and returned into
Chancery, and the said
John made no Appearance,
&c. and after the said
John was taken, and in the
Kings-Bench, committed to the
Marshals-Ward for certain Causes, on which a Transcript of the Act, and a Mittimus was sent out of the
Chancery directed to us,
&c. whereupon the
Marshal was charged with him for the same Condemnation contained in the Act, and the said Prisoner comes now and alledges by his Councel, That the Act of Parliament is not sufficient, and therefore prays to be discharged,
&c. for the Bill being directed to the Commons, pass'd them well, and was endorsed in this Form,
Let it be delivered to the Lords; but whereas the Bill was,
That the said John
should render himself before the Feast of Pentecost
next ensuing; the Lords endorsed the Bill in this Form,
The Lords grant, that in case he appear not before the Feast of Pentecost,
which shall be Anno Domini, 1452. &c.
to wit, at Pentecost
next, after the Feast contained in the Bill. And therefore the Lords granted
[Page 299]a longer day then was granted by the Commons, in which Case, the Commons ought to have had the Bill deliver'd back again to them and they to have assented to the Grant of the Lords, which was not done; and therefore such Act of Parliament is void.
Fortescue, It seems we ought to intend no otherwise but that the Act is good, for the King hath written to us by his Writ, and hath certified unto us, That the Bill is confirmed by Authority of Parliament. Illingworth
Chief Baron, This cannot here be intended as you say; for the Writ which is made only by a Clerk of the Chancery,
cannot make an Act of Parliament good if it be vicious in it self, &c. And afterwards he sent for
Kirkby keeper of the Rolls, and for
Faukes Clerk of the Parliament.
Fortescue Rehearsed the matter to them both; on which
Kirkby, Sir, The course of the Parliament is this, &c.
But if any Bill is particular, or other Bill, which is first deliver'd to the Commons and pass'd, they use to endorse the Bill in this Form, Let it be deliver'd to the Lords;
and if the King and the Lords agree to the Bill without changing it, then they use not to endorse the Bill, but the same is deliver'd to the Clerk of the Parliament to be Inrolled; and if it be a Common Bill it shall be Inrolled and enacted; but if it be a particular Bill, it shall not be Inrolled, but Filed on a File, and it is well enough; but if the Party will Sue to have the same Enter'd for his better Security, it is well enough, it may be Inroll'd; and if the Lords will alter the Bill, that which may stand with the Grant of the Commons shall not be deliver'd back to them; as, if they will grant Tonnage and Poundage for Four Years, and the Lords grant them only for Two Years; this shall not be redeliver'd to the Commons, because 'tis consistent with their Grant; but if Vice Versa,
the Commons grant for Two Years, and the Lords for Four, then the same must be redeliver'd to the Commons for their Assent, &c. Faukes,
Sir the Case was thus, The Bill was put into the Commons after the Feast of Pentecost,
which was in Parliament time, and the intent of the Bill was, That the Proclamations should last till the Feast of Pentecost
then next ensuing, which was Anno 1452.
but every Bill of Parliament shall have Relation to the first day of the Session of Parliament, though it be put in at the latter end; therefore the Lords granted according to the intention of the Bill. Prisot,
Are you certain that the Bill was deliver'd after the Feast of Pentecost
which was in Parliament time, or not? Faukes,
Truly, I do think so, &c. Markham,
Do you use to make Inrollment of the Day, when you first receive the Bills. Faukes,
No Sir. Markham,
Verily this is a Perilous thing, for the Court of Parliament is the Most High Court the King hath, and it were well done, if every Act and Thing there done, which is material, and reason of it, were Inrolled, &c.
For in this Case, if the Bill pass'd the Commons and the Lords in the manner
[Page 300]aforesaid, before the Feast of Pentecost,
then the Act is void, because of the variance of the Endorsement of the Day by the Lords, &c.
From the Bill, &c.
And it was not redeliver'd to the Commons, but it was deliver'd after the Feast of Pentecost;
then it seems they are agreed, for all is one day; wherefore this matter cannot determine one way or the other by your Record, who are the Clerk, &c.
And now we can give no other credit to what is said, but that the Bill was deliver'd the first day of the Parliament, &c. Fortescue,
This is an Act of Parliament, and we will be well advised before we make void any Act of Parliament, and peradventure the matter ought to rest till the next Parliament, and then we may be certified by them of the certainty of the matter; but however, we will be well advised what to do, &c.
This Fiction and the Inconveniences of the same, are very well Reformed by an Act of Parliament of
Scotland. Jac. 6.
P. 7.
Cap. 121.
FOrsameilk as it is understand to the Kingis Majestie, and Threé Estaites of Parliament, that oftentimes Doubtes and Questions arisis touching the Proclamation of the Actes of Parliament, and Publication thereof, it being sometime alledged by the Lieges, that they are not bound to observe and keép the samin as Laws, nor incur ony paines conteined therein, quhill the same be Proclaimed at the Mercat Croces of the head Burrowes of all Schires. For remeding of quhilkis Doubts in time cumming: It is Statute and Ordained be our Soveraine Lord and Estaites of this present Parliament, That all Actes and Statutes of Parliament maid at this time, and sal happen to be maid at onie time hereafter, sall be Published and Proclaimed at the Mercat Croce of
Edinburgh, only quhilk Publication, our Soverain Lord and Estaites, foirsaidis, decernis and declaris, to be als ratiable and sufficient; as the samin were Published at the head Burrowes of the haill Schires within this Realm; And alswa declaris the haill Lieges to be bounden and astricted to the obedience of the saides Actes as Laws Forty Dayes after
[Page 301]the Publication of the samin at the saide Mercat Croce of
Edinburgh being by-past.
Fictions of Members of Parliament, Resident and Native.By the Statute of 1.
H. 5.
cap. 1.
It is Enacted, That the Knights of the Shires which from henceforth shall be chosen in every Shire, be not chosen unless they be Resident within the Shire where they shall be chosen, the day of the date of the Writ of the Summons of the Parliament; and that the Knights and Esquires, and others, which shall be choosers of those Knights of the Shires, be also Resident within the same Shires, in manner and form as is aforesaid; And moreover it is Ordained and Established, That the Citizens and Burgesses be chosen of the City and Burrows, Men Citizens and Burgesses, Resiant, dwelling, and Freé of the same City and Burrows, and no other in any wise.
And as though this were not sufficient for Excluding Foreigners from Elections, It is Enacted further, by 23.
H. 6.15.
That the Knights of Shires for the Parliament, hereafter to be chosen, shall be notable Knights of the same Counties for the which they shall be chosen, or otherwise, such notable Esquires and Gentlemen born of the same Counties as shall be able to be Knights.
So by these two Acts of Parliament it is Enacted, None shall be chosen for Knights of Shires but such as are both Residents and Natives of the Shires for which they serve: Acts of most high Wisdom and Justice; but alas, now both Residents and Natives being in practice only turned to Fictions, what defence are they to the Subjects, in what all they have is concerned, the Election of an equal and faithful Representative, against the Two Hundred Thousand Pounds discover'd in the Letters of the late Horrible Popish Plotters, to pois on all the Elections of Parliament-men through the Kingdom, by buying of their Places to Papists and their Adherents, Pensioners to
Rome and
France, to sell the most Protestant King, Religion, and Three Kingdoms, for a Spoil to Foreiners, and to place such Sheriffs as may in tendency thereto, by Fictions of their Returns, that the Free-holders,
Ʋt major pars
[Page 302]totius Comitatus praedict' tunc ibidem existen' jurat' & examinat' Secundum vim formam & effectum diversorum statutorum inde edit' & provisorum Eligerunt A. B.
milit' & C. D.
milit' infra Comitat' praedict' commorantes, &c. Now if these Knights are not
infra Comitat' praedict' commorantes, Residents of the County, and
Secundum vim formam & effectum Statutorum, &c. Especially of the 23.
H. 6.15. Natives of the County, this Return is Fictitious and False and utterly unlawful, contrary to the Sheriffs Oath, and for which he ought to be punish'd in One Hundred Pounds to the King, and Imprisonment one Year without Bail; and One Hundred Pounds more to the Knight injured thereby, or to any other Person who in his default will Sue for the same, and is contrary to the two said standing Acts of Parliament, of greater consequence than
Magna Charta, or the Petition of Right themselves, for if there is a Protestant Parliament, no doubt they will make, and we shall not want Protestant Laws, but if once there get in a Papist Parliament, both Protestant Laws, Religion, and Protestants themselves, will be all destroyed. And as the Sheriff Returns Fictions to Courts, so do they send Fictions to him, and it is hard for him to know when they speak true, and when false; as, if a
Venire Facias be sent him, to Return 12 Jurors, he must Return 24, which is double the number, or he shall be Fined, for as they write their words in the
Venire by halves, so do they (as it seems) their Meaning by halves, yet the poor Sheriff is bound to understand them to his Cost; then if they send him a
Pone per Vadios & Salvos plegios, the Sheriff must Return no other
Plegii to answer their Fiction, than his own Fiction of
Plegii, John Den and
Richard Fen, or they will teach the Party to have a false Imprisonment against him. Suits are removed when the Plaintiff hath been at all the Cost and trouble, and is ready for a Trial, on meer vexation, and to delay on Suggestion or Fiction of a Cause, without any Oath of Calumny. Attachments, and Arrest of Goods and Persons is used in the City without any
Oblatio Libelli, or Oath of Calumny, on meer Fictions and Suggestions,
City Law, 22. but very wrongfully, for a Citizen hath as good Right to
Magna Charta, as he hath to the Charter of the City, and under the name of being free of the City, doth not lose the liberty of a Subject, to be free from Arrest before Judgment.
Coke Vind. Law. 26. says.
Abuses of Fictions to Arrest before Judgment. This brings to my remembrance how a Gentleman was Arrested for 1500
l. the same day that he was to have been Married, without any colourable cause of Action, spitefully to hinder his Match, and was not able to give Bail, but the Party being Non-suit, the Gentleman notwithstanding could recover as I remember no more than 7
s. 2
d. Cost, yet he lost his Monies, and indeed himself by it,
[Page 303]for I know it was the occasion of his utter Undoing; and a man that is Cannibally given, may devour the Credit of 500 men, Arresting them for 5000
l. a piece, never declare, yet pay no Cost, though Party Arrested had better have paid 500
l. and this is so usual, that 'tis commonly said, I'le bestow a Bill of
Middlesex on such a man to stay him in Town, that I may have his company into the Countrey when I go down. And I my self was informed by a Sea-Captain, who was a Sufferer in such an Arrest, That there happen'd to be two Merchants in
London, each of which designed a Voyage to the same Port of
Barbary, whether he who could arrive first, was assured he should to his great gain obtain the Prime of the Market, to which purpose they both strove with all diligence possible which should be foremost at the Spring, and it happen'd that he who had his Ship first ready had entertained this Captain of my acquaintance to command her for him, and all being ready to set Sail, the Captain would needs walk into the City to take his parting Cup and Farewell of his Friends, where unexpectedly he was Arrested for 5000
l. though not owing a farthing, and the same being a Choak-Bail-Sum, he knew he should get none to be Surety for him, and thereupon sent to his Merchant, to inform him how he was boarded before he could get aboard, who being much troubled that his Captain was taken by a Land Pyrat, repaired to him, and understanding from him that he did not owe the Party at whose Suit he was Arrested a farthing, and knowing withal that it was done by the Spite of the other Merchant to stop his Ship from getting before him, he gave Bail for his Captain; and sent him immediately on the Voiage. All which Mischiefs happen, because there is no Law to compel to give a Copy of the Declaration and Oath of Calumny before Arrest, by which all Fictions are prevented. All the Judicial Transactions of Fines and Recoveries, are Fictions;
Fictions of Fines and Recoveries. so though we have fled from Land to Sea, and back again from Sea to Land, we know not where to find Rest for the Sole of our Foot from Fictions. We are next come to another horrible cause of their Increase, which is, that no Averment or Probation to the contrary is admitted against the Sheriff or the Clerk, nor the Returns or Records; how Records, which are nothing but the Scribling of Clerks in false
Latine and Court-hand, for their Fees, come to be of higher Authority than the Scripture it self, is strange; for it was never denied, except against
Mahomets Alchoran, but Averment and contrary Probation might be brought against the false Copying, false Translating, or false Printing of any word, or Clause in the Scripture, or it would be very difficult to overthrow Popery. What greater reason is there of so many Forgeries of Clerks, but that there is no Averment allowed against their
[Page 304]Records, nor contrary Probation, whereby they may for Money insert what Fictions and Falsities they please.
Estopples are another mischievous cause, and the denial of liberty of
Travers as bad or worse than the other.
Turpia quid referam vanae mendacia Linguae?
I am weary and ashamed to recite so much, reflecting so deeply on the Honourable and necessary Profession of the Law.
— Pudet haec opprobria nobis,
Et dici potuisse & non potuisse refelli.
But all this may be easily taken away of Fictions and Falsities, if so small a matter of Form were but alter'd, as to give liberty to Traverse all is false, and to cause the Plaintiffs and Defendants to give Copies of their Declarations and Pleas, and to give their Oath of Calumny to them; for I saw it by experience in
Scotland, which I must acknowledg and testifie to the Honour of their Form of Judicial Proceedings, That I could never for the space of Six Years, observe the least Fiction in the same, which I can attribute to no other cause than the wise and just Act of Parliament concerning the Oath of Calumny,
Jac. 1.
P. 9.
C. 125. and the present Practice accordingly, which Act being short, I have transcribed.
That Advocates and Fore-speakers in Temporal Courts sall Sweare.
THrow the consent of the hail Parliament, it is Statute and Ordained, That Advocates and Forespeakers in Temporal Courts, and alswa the Parties that they plead for, gif they be present in all Causes in the beginning, or he be heard in the Cause, he sall Swear that the Cause he Trowis is gud and leill that he sall Plead; and gif the Principal Party be absent, the Advocate sall Swear in the Saule of him, after as is conteyned in thir meters.
Illud juretur quod Lis sibi justa videtur,
Et si quaeretur verum non insicietur.
Nil promittetur nec falsa probatio detur,
Ʋt Lis tardetur dilatio nulla petetur.
Of Judgment before Hearing.
Part of a Satyr translated out of
Seneca, page 685. on the Sottish Emperour
Claudius, who used to Sentence before Hearing.
Deflete virum,
Quo non alius
Potuit citius
Discere Causas
Ʋna tantum
Parte audita,
Saepe & nutra.
Quis nunc Judex
Toto lites
Audiet Anno?
Tibi jam cedit
Sede relicta
Qui dat populo
Jura Silenti,
Cretaea tenens
Oppida Centum.
Cedite moestis
Pectora palmis
O Causidici,
Venale genus,
Vos
(que) poetae
Lugete novi,
Vos
(que) in primis
Qui concusso
Magna parastis,
Lucra fritillo.
Weep for the Man,
All ye who can,
Then whom none would
Or sooner could
A Cause right catch,
Or it dispatch,
Though part but one
He heard, or none.
A Judg alas,
Is now an Ass,
He cannot hear
In a whole Year,
Or end a Suit,
There's such Dispute.
To thee give place
Minos his Grace.
Though he hath Men,
And Ten times Ten,
Cities in
Creete,
Who do him greete,
And with his Laws
The silent aws,
Goblins and Ghosts
With all their Hosts,
Oh Saleable,
Lawyers now Yell,
And likewise you
Ye Poets new,
And you whose pains,
For easie Gains,
Causes to hast,
The Dice did cast.
It is further mention'd, that when
Claudius for this kind of Justice was Arrested in Hell on a
Latitat, and many complaints were there made against him by those who were injured thereby, he desired he might be heard to answer for himself, and espying there
P. Petronius who had been his Creature while above ground, he humbly requested
Aeacus who was the Judg, that
Petronius might be of his Councel and plead his Cause for him.
Petronius having been used to the Trade while alive, very readily
Venit & Defendit, Vim & injuriam quando, but
Aeacus sharply forbid him to speak, being clear of opinion, that
Claudius who had condemned so many before Hearing, ought in Justice to suffer the
Talio, and be himself so condemned, he therefore to as many complainants as desired it, gave liberty to lay more Arrests and more Bilbo's on him before Judgment, and to as many as desired Judgments, gave them as many as they would have before Hearing, and to Execute as many punishments as they would; against which, he strugled much to have been heard to answer for himself, yet they thrust such a Gag into his mouth, that he was enforced to suffer many Judgments to pass against him on a
Nihil Dicit.
Now though a feigned
Aeacus is to be derided, yet there is a Judg of the World who will not be mocked; and though there are many forward enough to condemn
Claudius, yet may there too many if they will but inspect their own Forms of Judicial Proceeding, find themselves guilty of as great if not worse Vices in their Judicatories, than he.
An Enumeration of divers Forms of Judicial Proceeding, whereby the People are Condemn'd, and Judgment pass'd against them before Hearing.
The First is, When Men are repell'd from shewing the Truth and Merit of their Cause, and compell
[...]d to make their Allegations in Formalities and Fictions.
A Dispute between two Judges, concerning Formality and Truth in Judicial Proceeding.
The point of Formality in Judicial Proceedings is very well Disputed by two famous Judges,
Fitzherbert, and
Brook, 14.
H. 8.25.
b. Where the Case was this, In an Action of Debt brought on an Obligation indorsed
[Page 307]with a Condition, to perform all Covenants in an Indenture, between the Defendant and Plaintiff, which Indenture contained Four Covenants, One whereof was, That a stranger should be Clerk to the Sheriff, who was then Plaintiff; and also that the stranger should pay at the Profers Seventeen Pounds at such a Feast, and Thirty Pounds more at such a Feast, and other Covenants which he Recites; and saith further, That he was a Lay-man, and not Letter'd, and that the Indenture was read to him, concerning no more than the two first Covenants and no other, which two he had paid and performed, and so damands Judgment
Si Actio, and says not
Et sic non est factum, on which Plea the Sergeants demur'd in Law.
Fitzherbert, I conceive this a good Plea, for by the Law a man is Compellable to no more than only to shew the matter of his Case in Truth and good Sentence, and if the Parties in their shewing cannot agree, then to join Issue upon the matter of Fact on which they differ, and put it on Trial of the Jury, and then the Judg, on the Truth of the matter of Fact found, shall adjudg what is the Law; and here it seems the Defendant hath shewn in Truth and good Sentence, for he hath shewn he was a Lay-man and not Letter'd; and that only two of the Covenants in the Indenture were read unto him, and no more; and I think he is only bound to perform what was read to him, and so the Obligation to be good for the same, and void for the Residue which was not read; and I find it adjudged, 47.
E. 3. where one was bound to an ignorant Lay-man, who was not Letter'd in an Hundred Pounds to be paid at several days of payment; and at the first day the Obligor made due payment for what was then to be paid, and the Obligee made him an Acquittance of the first Sum, and in the end of the Acquittance was added a general Release; and of this, only that part was read to the Obligee which was an Acquittance of the first Sum, but the part which mention'd a general Release was not read; and this matter was pleaded in an Action of Debt after brought against the Obligor, and it made the Acquittance which was read good, and the Release which was not read void, and so the Deed was adjudged good for part, and void for part; and it would be a great Mischief if it should be otherwise, for in the same Case, if the Deed should be void in whole, then the Obligor should lose all the Money he paid, and if it should be good in the whole, then the Obligee should lose his Obligation, which were unreasonable that any man should be deceived by his Ignorance of the Fact, though he may by his Ignorance of the Law. And here the Defendant being bound to perform two of the Conditions in the Indenture, which were read to him, he cannot plead
non est factum, for that would be a
[Page 308]Lie, and contrary to the Truth, of his own confession; therefore seeing he hath pleaded the Truth in good Order and good Sentence, and concludes Judgment,
Si Actio, I think he cannot plead or conclude in any better Form. And
Brudnell agreed with
Fitzheabert.
Brook, Ch. Justice. I conceive the contrary, and that the conclusion is not good. And Sir, as to what is said, that the Law is no other, but that a man shall Declare his matter in Truth and good Sentence; the Law is more than so, for without Formality the same is nothing worth; as the Form of Law is, a man shall shew his matter without Duplicity of Multiplicity, yet may matters more than one be True and in good Sentence, but they want Formality, and therefore are nothing worth, and a Form ought to be used, or otherwise all things will be in confusion. So in Trespass, the Defendant ought to give a colour of Right to the Plaintiff, yet the colour is not true, nor the Sentence the better, but it is the Formality which is required; and Formality is the chiefest thing in our Law, and though the matter in the present Plea appears in Truth and good Sentence, yet here wants Formality, for he ought here to have concluded not Judgment
Si Actio, but
Sic non est facium, for I conceive, in regard only two Convenants of the Indenture were read to him, and there were more Covenants not read, that the whole Indenture is void, and it is Fraud in the Obligee. And
Pollard agreed with
Brook that it was no good Plea, and that the whole Indenture was void. But to this
Fitzherbert and
Brudnell might have repli'd, that admit the whole Indenture had been all void in Law for the Fraud in part, and the Defendant might
Rigore Juris Plead it, yet
Quilibet potest Renunciare juri pro se introducio, if the Defendant was more merciful than the Law, and his Conscience would not suffer him to use
Summum jus, but doth assent to perform those Covenants were read to him; is it therefore Reason or Conscience that the Plaintiff for his good Nature and Courtesie, should return him Evil for Good, and put the Burden of all the Covenants on him, because he would perform any when he needed perform none, if he would have pleaded in a Form against his Conscience, and that Truth ought to be prefer'd before Fiction and Formality? But I leave the Merits of the Cause to others to Censure, and shall only upon the whole Dispute, take th
[...]se Observations,
(1.) It appears by the Case, that there are but Four Judges in the Court, and they are divided Two against Two,
Fitzherbert and
Brudnell for Truth against Fiction, and Substance against Formality; and
Block and
Pel
[...]ard for Fiction against Truth, and Formality against Substance, whence is shown, that there have been, and are many
[Page 309]good men Judges, and other Professors of the Law, who with all their their Power, Desire, and long to remove those Abuses of Fictions, Forms, and other Irregularities, which are Reproaches on the Practicers; but should they afflict themselves to death, can do nothing, if equipoised or overpoised by the other Party, therefore they ought not to be imputed to those who are not guilty, but the consideration of them ought to be left to the Legislative, which hath Power to Redress them when they please with a word, and shall give account to God if they neglect the same.
(2.) It may be observed how many Contentions arise about a petty piece of Formality, when there is none about the Substance; which is acknowledged by
Coke himself,
Com. Lit. 303. whose words are these: When I diligently consider the Course of our Books of Years and Terms, from the beginning of the Reign of
Ed. the
Third, I observe that more Jangling and Questions arise upon the manner of Pleading and Exceptions to Form, than upon the matter it self, and infinite Causes lost or delayed for want of good Pleading; by which he means, Formality hath destroyed infinite good Causes, which is a most horrible thing to be Tolerated in any Government.
(3.) The next thing observeable is, The great Ignorance of Cour
[...]s themselves, in their own Formalities, for they have continued by
Coke's confession, Jangling and Wrangling about them ever since
Edward the
Thirds time, and are yet never the wiser, nor any perfect Form invented or settled by them; they are still ever Learning and never come to the knowledg of Truth, and so will be to Dooms-day, if they are not by God sooner called to Account of their Stewardships, and this point of Ignorance in their own Formalities, is further confessed by
Coke in another place, where he saith, It were to be wished, that
Littleton had writ something concerning Pleadings, which shews, he was but a wisher or woulder at it himself, for whom, if he had been able, it had been far more proper to have writ a perfect Form of Judicial Proceeding, than to wish the same had been done by one dead Hundreds of Years before, and if he could have had him alive, 'tis likely he was as much to seck as himself; for he could not write any directions concerning it to his own Son, though it was a point above all other which he desired he might Learn; and in respect of which, his
Tenures were but Trifles, but he is fain to leave it to him as his other Quaeries
de Dubiis, and a
Terra Incognita, where he should g
[...]t Rich Mines of Gold and Silver if he could light on it; in these words: And know my Son, that it is one of the most Honourable, Laudable, and Profitable things in our Law, to have the Science of well Pleading
[Page 310]in Actions Real and Personal, and therefore I counsel thee especially to employ thy Courage and Care to learn this. Which yet neither he nor any since ever learnt or found out in this Climate, neither is it possible for any to do, unless those very Forms of Actions and Writs are made only Directive and not Coercive, and Liberty given of Commenceing and Disputing Suits on more Solid Foundations of Right, than can be laid on any Forms in the World, especially on such, in which the Courts themselves are Ignorant how to proceed; and their so many divided and contrary Opinions in the Expositions of the Law, have so intangled the cross Threads of their several Clues of unravell'd Opinions, that now no Courts unless they clean break them all to pieces, are able ever to get out of their own Labyrinth of Formalities, and are most commonly in the pitiful Condition, wherein
Vigelius Dia. Jur. 477. finds his Judg who is Ignorant of the Forms of Judicial Proceeding
At nunc, saith he,
Cum Judex Litiscontestationis adeo
(que) judicandi ratione sit ignarus sedet inter Advocatos & Procuratores tanquam Asinus inter simias, nescit quando Disputationes in Causa permittendae sunt, quando contra sunt inhibendae, hinc ne necessarias inhibeat non necessarias permittit, & Advocatis in infinitum Disputandi Licentiam concedit, non Semel sed saepius dilationes Dat, eas
(que) velex levissima causa. But now saith he, when a Judg is Ignorant how tostate the Point of the Cause, and of the Form of Judicial Proceeding, he sits amongst the Barristers and Attornies like an Ass amongst Apes, he knows not when Disputes of the Cause ought to be permitted, nor when they are to be restrained; then lest he should restrain the necessary, he lets loose the unnecessary, and casts the Reins on the Pleaders necks to run whither they will, and on every Trisle multiplies Delays: and as the same Author further says,
p. 610.
Ʋt nunc Status Judiciorum nostrorum habet, viginti, interdum Triginta dilationes Dari solent, eae
(que) ex causis plerum
(que) levissimis, nec ad Pr
[...]bandum solum sed ad Excipiendum, replicandum, duplicandum, triplicandum, &c.
Sed & conclusa Disputatione Judex etiam trium vel quatuor, interdum plurium annorum Dilationem sibi sumit ad pronunciandum, &c.
n
[...]
(que) ii qui reformandis Judiciis praeficiuntur tam Crassos Errores perspi
[...]iunt, sed & si perspiciunt defendere tamen quàm Emendare malunt. Vereor ita
(que) ne juris peritorum eundem quem & Clericorum Authoritas Exitum sit habitura. As now the state of our Judicial Proceeding stands, it useth to give Twenty, sometimes Thirty Dilations, and those on meer Toys, and not only for Probation by Witnesses, but to Except, Duply, Triply, Quadruply,
&c. As likewise when the Disputations are concluded, a Judg will delay Three, Four, or more Years, before he will pronounce Sentence; neither do those who are set to preside in Judicial Proceeding see so gross
[Page 311]Errors, and though they do, yet had they rather defend than amend them. I fear therefore lest the Lawyers come to the same end which the Popish Judges and Clerks, their Predecessors in their Courts did. It is certain the Soldiers in the late Troubles were so much enraged, that they would have cut all their Fictions and Formalities to pieces, if any would have prescribed them a Form of Proceeding which should be intelligible to them. Now all these Delays rise from Disputes or pretence of cause of them, and all Disputes at Common Law, rise from Formalities; and how can it be otherwise, seeing the Writs on which all Judicial Proceedings are founded are nothing but Formalities? and all Demurs and Disputes relate only to the Gist of the Writ, or the Form of the Declaration or Plea which are Relative to the Writ, and there can be never any Demurrer or Dispute at Common Law on the Writ of the Merits of the Cause, which though one Form of Writ will not bear, another may, and all Equity on which the true merit of all Causes depends, is clean Excluded out of all Common Law Courts, because to Judg by Formalities is more profitable, and raises more Contentions than the Merit or Equity of the Cause.
(4.) It is to be Observed, how contradictory these Formalities are to themselves, and one another, as in the Case of Colour before mention'd, a meer unintelligible piece of Non-Sense (for what is more insensible than a Lie or Fiction) yet will they force the Defendant to this Lie, and not to plead the General Issue of
Not Guilty, not allow him to plead a Special Issue according to his Case, as a Formality whereby they take the Cause from the Jury to themselves at their Arbitrary pleasure, so as unintelligibly and Arbitrarily, in all other Cases, they compell poor men to take or leave the General Issue at their Fancy, for Formalities so uncertain, as they themselves often contradict themselves, and sometimes they are all divided, what Plea shall amount to the General Issue, and what not, or what ought to be given in Evidence on the General Issue, or what ought to be pleaded specially, and not given in Evidence on it, and frequently spend the whole
Term in unnecessary, long, tedious and costly Arguments,
de Lana Caprina on Demurrers on both, when if they would give but a Formulary directive, and not coercive, how they would have men plead, men were permitted but to speak the Truth of their Case in such Words and Language as their own Sense and Reason which God hath given to that end, prompts them according to the same, and where it fitted not their Case, to wave it, all this were saved, and the merits of so many good Causes, miserably destroyed for so petty and pitiful insensible Formalities preserved.
Coke Com. 282. acknowledges, that by one mistake of giving
[Page 312]matters of Justification in Evidence on the General Issue of
Not Guilty, the loss of most Causes depends, yet would he and others keep it up still; to what end none can tell, unless to keep the same Pi
[...] open, that so many more Causes might continue perpetually to be lost in it for the gain of Practicers pleading to Juries, before whom it being matter of Fact, they ought not by Law be suffer'd to speak. And this Rule of not giving in Evidence, but pleading on the Issue
Not Guilty, they will force the same man in one end of the same Room to plead his Justification, and not give the same Evidence; and in the other end of the Room to give it in Evidence, and not plead his Justification. As in a Trespass for Battery at an Assizes, If at the
Nisi Prius he will plead
Not Guilty, and give his Justification in Evidence, That he beat the Plaintiff in his own defence, he loses all. And if at the Crown-side, he who hath beaten and kill'd a Robber or Thief in defence of his own Life on the High-way, or of his House by Night, plead his Justification, and will not say
Not Guilty, and give it in Evidence, be he never so Innocent he loses all; and well he may, when he is to be Judged by those who contradict themselves, and are not able in their Fictions to follow that necessary Rule,
Oportet mendacem esse memorem, and forget at one end of the Hall the Formality they Commanded or Prohibited at the other.
(5.) The Fifth Observable may be, how great a prejudice and danger it must be to the People, to be forced to put all their Estates on the haz
[...]rd of such Forms as the Judges themselves understand not, nor can agree about, but are in perpetual Contention and Contest for, one with another; and the vast charge they must be at to maintain these Disputes to destroy themselves, which would not be, if Formalities were taken away, and only the merit of the Cause examin'd in Judgment. Most Noble
Fitzherbert the first Flower of Judges which ever sprung in
Westminster-Hall, we may thank God for thee from Generation to Generation, who first didst dare with the Sword of Justice oppose the whole World of Enemies to Truth, and to give the monstr
[...] us
Romish Hydra of Formality, and the Devil himself the Father of Lies and Fictions that wound in Judicial Proceedings, whereof they shall never be cured.
(2.) The Plaintiff, especially if a Poor man, is Condemn'd without Hearing, by being compell'd to begin his Suits by the Purchase of Original Writs, and so likewise the Defendant.
This excludes the Plaintiffs of the Poor out of Courts, and only
[Page 313]takes in the Rich. (1.) Because of the remoteness of sending for Writs, the same being the greatest part sent for Hundreds of Miles. (2.) They are limited to so many short Returns, only to multiply unnecessary Fees for
Aliases and
Pluries, that they are extreamly troublesome and costly to the Poor. (3.) The Forms of them are so ticklish, that when got, they are easily abated and overthrown for the miss of a word, a syllable, and often a dash to an half word, not made
more clericorum, and often for false
Latine. A Writ abates likewise for any default of Form varying from the Register, Omission, variance in order of words, from the order used in
Chancery; the following matters are likewise good exceptions to abate Writs, rasure, interlining false
Latine (yet they never write true) Omission of the words
Vi & Armis, or of the words
Contra pacem, Outlawry, Misnaming, a Twice naming of the Person, Misnaming of the Village or Hamlet, Misnaming of
Barockshare for
Barkshire, Misnaming of the Village, Misnaming of the Person; so variance between the Writ and the Declaration, or Count, in the least toy is a sufficient Exception to overthrow both Writ, Declaration, and Count,
Hastings
& Hasting?. as 9.
E. 4.42, 43.
Det by
Edward Hastings, and Counts, that he by the name of
Edward Hasting?, recovered Land in Ancient
Demesne, and One Thousand Pounds Damages, and brings his Action for the Damages; by Three Justices against Five, the Writ ought to abate.
28.
Ass. 52. A Record removed, and a Variance between the Record and the Mittimus, and the
Certiorari, for one was
H. Green, Just.
Green
and de Green. Molineux Moliney. and the Writ was
Henry de Green; the omission of the word
De stopt the proceeding of the Justices. Trespass, the Writ was
Molineux, the Protection
Moliney, and therefore disallowed for the Variance. 7.
H. 6.22.
Nuper omitted.Trespass against
J. N. nuper de D. in the Protection
Nuper was omitted, therefore Variance. 19.
H. 48.
Audita querela upon an Indenture, which was
Langa White, the Writ was
Lang Whaite, which put the Party to great Cost to get it to be amended. 21.
H. 6.7. 7.
Port. said an Outlawry was reversed for the Variance between
Dockwra and
Dockawre. 21.
H. 6.7.
Dockwra Dockawre
I. In the Obligation the Defendant was named
J. M. de M. in the Writ
M. was left out, and therefore abated. 38.
E. 3.24.
In
Mayhem the Writ was,
Contra pacem Nuper Regis, and the Count
Contra pacem nunc Regis, therefore it abated. 8.
H. 4.21. 2.
E. 4.25.
Amendment 21. A Dispute is whether
Wagam and
Vagam are a material Variance.
Wagam, Vagam.
Count less than the Writ.A Judgment given in a Writ of Annuity was reversed, because the Writ was, That Twenty-six Marks, Six Shillings, Eight Pence, was Arrear of the Yearly Rent of four Marks, and in the Count Six Shillings Eight Pence omitted, which is a Variance. 9.
E. 4.51, 54. Here the Poor man was punish'd for his Conscience, because he desired less in his Count, than his Attorney had put into his Writ; and it is said there, that is not Misprision of the Clerk to be amendable, because the Count is made by the Party, and not by the Clerk.
A world of other Abatements of Writs there are, too many to trouble at this time the Reader with, both as to Variances between the Writ and Count, and between the Writ and another Writ, between the Writ and Specialty, between the Writ and Testament, between the Writ, Count, and Specialty, between the Writ and Warrant of Attorney,
&c. And the more Writs are abated, and Causes thereby overthrown, the more Money the Courts and Clerks get to send out new; but the more miserably are the Poor by them oppress'd, and it were more merciful, in short, to deny them Hearing, than to cause them to hazard and lose all that little they have, and at last not to be Heard. This mischief of Writs was first invented by the College of Priests at
Rome, and were called
Formulae Juris, which is, little Forms, or diminutives of Forms; the little Forms were those we call Writs, the greater Forms, whereof the lesser pretended to be as the Contents of the Chapters, were, what They called Libels, and We Bills and Declarations. These
Formulae though set up by the Priests for their Gain, were contrary to the Law of the Twelve Tribes, in regard
Oblatio Libelli being by that Law to precede
Vocatio in jus, as before is shewn, these Writs or
Formulae were useless, and the Forms of Libels were sufficient to direct the People themselves,
Original Writs abolished by
Justinian, and better than the other which were so rigorous in their punctilios of Formalities,
Ʋt cadente Syllaba caderet Causa; these Forms therefore of Original Writs of the Priests were totally abolished by
Justinian, lib. 2.
tit. 58.
De Formulis & impetrationibus Actionum Sublatis.
Juris Formulae aucupatione syllabarum insidiantes cunctorum Actibus radicitus amputentur. Dat. X. Calend. Feb. Constantio III.
& Constante II.
A A. COSS.
Let Forms of Actions insidiating by hawking at Syllables in all mens Suits, be cut up by the Roots.
Baldus Notes on the place,
Quia supervacuae Formulae sunt sublatae, & non oportet Actiones à Pontificibus impetrare, sed sufficit eas apertè proponere, and very well against this insidiation of
[Page 315]Writs in Words and Syllables, agrees the expression of
Isa. 29.21.
They make a man an offender for a word, and lay a snare for him that reproveth in the gate, and turn aside the Just for a thing of nought.
The like to this of
Justinian was done by that famous King
James the
Fifth, the great Justitiar of
Scotland, where they had formerly their Writs as we have, till they were sick of them, and able to bear them no longer, which was remedied by an Act of Parliament.
Jac. 5
p. 6.
cap. 75. The words of which Act follow, ordering a Copy of the Libel to the Person or dwelling House.
The Ordour of Summounding all Persons in Civil Actions.
Copy of a Bill or Declaration served in stead of a Writ.ITem,
For eschewing of great Inconvenientes and Fraude done to our Soveraine Lordis Lieges, by Summounding of them at theire dwelling places, and oft times falslie and gettis never knawledge thereof, It is Statute and Ordained, That in times cumming, quhair ony Officiar or Schireffe in that parte passes, at Commande of the Kingis Letters, or the Schireffes, Stewardes, Baronnes, or Baillies Precept, to Summound ony Partie, if they cannot apprehend them Personallie, they sall passe to the Ȝett or Dure of the principall dwelling place, quhair the Person to be Summonde dwellis, and hes their actual Residence for the time, and there sall desire to have entresse, quhilk gif it be granted, they sall first schaw the cause of theire cumming, and gif they cannot get the Party Personally, they sall schaw their Letters or Precept before the Servandes of the House, or other famous Witnesse, and sall execute their Offices and Charge, and thereafter sall offer the Copie of the saidis Letters or Precept to ony of the Servands, quhilk gif they refuse to do, that they affix the samin upon the Ȝett or Dure of the Persones Summoun'd; and siklike, gif they get na entress, they first knockand at the Dure Sex Knockes, they sall execute their Office before famous Witnesse at the said House and dwelling place, and affix the Copie upon the Ȝett or Dure thereof as said is, quhilk sall be leiful and
[Page 316]sufficient Summounding and delivering of the Copie, and the Party and Officiar sall not be halden to give ony usher Copie bot at their awin pleasure. And every Officiar in his Indorsation sall make mention of his awin Execution in manner fore said, and the Partie at quhais instance the Letter or Precept is direct; sall pay to the Officiar Executour the Expenses of the Copie affixed as said is, and sall be taxed and given again to him the giving of the Decreet or Sentence, gif he happenis to obteine. And gif the Officiar heis foundin culpable in the Execution of his Office, he sall be put in our Soveraine Lordis Prison, and punished in his Person and Gudes, at the Kingis Grace Will.
Coke 4.
part 99. saith, The
Common Pleas may in many cases proceed against their own Officers by Bill without Writ, and why may not all the Subjects have the same Right, as well as the Officers of the
Common Pleas? In
London before the Mayor and Aldermen, Debt and Personal Actions are determined by Bill without Writ.
City-Law, 3. And so are Assises of
Nusance, ib. 4. and why may they not by Copy of the Bill be commenced better than by Writ, over all the Kingdom?
The mischiefs of Original Writs from the
Chancery.Besides the Delays of Original Writs and Process, by remoteness of Courts whither they are to be sent for, and by the multiplications of
Aliases and
Pluries, and the manifold dangers when gotten and executed, to be again overthrown and nullified by Abatements, for a multitude of frivolous Causes and Formalities, and likewise for so many sorts of Variances as before mention'd; of all which, the Declaration might have been free, if no Writ had preceded: (1.) It is excepted against Writs, that Declarations are not amendable, and it costs many times so much in amending the Misprision of Clerks in their Writs, that the Plaintiff if he is not so poor as not to be able, were better abate his own Writs and Declaration himself, and pay Costs, and buy Twenty new Writs, than get one of the old amended. (2.) Writs Original are altogether useless, except to get Money for nothing. (3.) They are saleable, contrary to
Magna Charta, Nulli vendemus Justitiam, and the Civil Law, for
Lege Julia tenetur repetundarum, qui accepit aliquid ob Judicem delegatum dandum, mutandum, vel ob non dandum, &c. And what doth a Writ of Right, a
Justicies, or any Original do besides, but assign a Delegat Judg to hear the Cause in the
Kings-Bench
[Page 317]or
Common-Pleas, or
Lords-Court, or
County-Court? Then 'tis contrary to Equity, the Plaintiff should be compell'd to buy a Writ, which is not only useless, but pernicious to his Declaration, and puts it in ten times more danger to be overthrown, than if he might, as he ought, be permitted to use it without a Writ, and the Plaintiff being to deliver a Copy of his Declaration,
Expensis Actoris, to the Defendant, 'tis no reason he should be at any expence to pay Clerks for Writs impertinent. (4.) As to the Writ in
Chancery, of
Subpaena,
Mischiefs of the
Chancery Writ of
Subpaena. which is to be distinguished from the Writs to the Common Law Courts, it is contrary to
Magna Charta, Nulli negabimus Justitiam; for if a Poor man Sue a Noble-man there, a Chancellour will deny a Poor man his terrible Writ, which he uses to grant under a Hundred Pound Penalty, in
Terrorem Pauperum, and he shall get no more of him, if he do that, at a greater price than the Writ would have cost, but a poor begging Letter to the Noble-man, to send his Answer to the Complaint against his Oppression; which is no other, than to bring into
England the old Slavery of
Rome, whereby no Slaves were permitted to Sue their Lords before the Pretor, or any other Judg, were their Tyranny over them never so great and unjust. What a wretched dishonour is it to Publick Justice, which heretofore was blind to the Person, that she turns now blind to the Cause, and who heretofore carried the Sword in her hand,
Parcere Subjectis & debellare superbus, to have now lost her Sword and got a Crutch, to become only a blind Beggar when she is to approach the Gates of Nobles? neither is there any Law of God or man in
England, to justifie a Chancellour, that he shall presume to use a different process of Concumacy against the Commons,
Chancellour hath no Power to Imprison Commons any more than Lords. which he dares not use against the Lords; for if it be not lawful for him to Issue Attachments or Commissions of Rebellion against the Lords, or to imprison them; then is it not lawful for him to Issue Attachments or Commissions of Rebellion against the Commons; for both are equally Interested in
Magna Charta, and the Petition of Right, not to be imprison'd without the lawful Judgment of their Peers, and they being both Allies and Confederates by the said Acts to maintain the Commons Liberty;
The Liberty of the Commons is the Outwork which preserves the Liberty of the Lords. if the Commons be Invaded, though for the present such Invasion touch not the Lords, yet when it hath destroyed the Liberty of the Commons, the Lords will not be able to defend theirs, when their Allies are lost.
The Liberty of the Commons is the Outwork which preserves the Liberty of the Lords, the Liberty of the People is the Outwork which preserves the Liberty of the Parliament, the Liberty of the Subjects is the Outwork which preserves the Safety of the King; and as
Solomon
[Page 318]saith,
Prov. 20.28.
Mercy and Truth preserve the King; and if
contrariorum contraria est ratio, Cruelty and Fictions of Writs of
Subpoena's in
Chancery, Latitats in
Kings-Bench, and
Capiases without Summons in
Common-Pleas, wherewith they abuse the Kings name in false imprisonments of his Subjects without Crime or Cause, destroys the prisonments of his Subjects without Crime or Cause, destroys the Safety of the King himself; and in a Case between the Duke of
Lenox and the Lord
Clifton, M. 10.
Jac. Though a Lord was not to be Committed for Contempt in a Poor mans Case, yet in this Case between two Lords, Chancellour
Egerton said, If Noble-men will commit Contempts, they are to be Committed. Now that the Imperial Power which hath been usurped by Chancellors, to imprison the Free-born Subject Arbitrarily at their pleasure, is contrary to the Acts of Parliament, both of
Magna Charta, and the Petition of Right, so late in memory, which abolish all Imprisonment both of Nobles and Commons, without the lawful Judgment of their Peers; so likewise is it contrary to all other Fundamental Laws of the Land, made for defence of the liberty of the People, which is more necessary and more dear than Life, as may appear by the Reasons following, (1.) There is an Act of Parliament made, 15.
H. 6.
cap. 4. That none shall Sue a
Subpoena until he find Surety to satisfie the Defendant his Damages if he do not verifie and prove his Bill to be true, this Statute had nipt in the Bud the Overflow of all those innumerable Fictions and Falsities, which have since followed in the Suggestions of Bills in
Chancery; for this being made, 15.
H. 6. there is no mention made in all the
Year-Books, of any quarrel between the Common-Law-Judges and a
Subpoena, till 37.
H. 6. which is above Twenty Years after, so great a Fright had this Act falling from the Supreme Power, put amongst the Froggs, though now despised as a dead Logg, as likewise are all the rest; and it is in vain to make more, unless the Honour of these is vindicated by the same Authority that made them; for Chancellors, as if
Jura negant sibi nata, they were two-great to be bound by Acts of Parliament, though they have not the least pretence to colour their Authority against these Three, the greatest Acts for Security of the Subjects against false Imprisonments, that ever were made in
England, for there is no Prescription or Custom of any Court can be alledged against an Act of Parliament, be it never so old; and there is no Pretence to alledg any against the Petition of Right,
Chancellour hath no Authority to impose a Fine. being in so fresh memory; and no longer since, than 3.
Car. 1. they have trampled under soot the Authority of these Supreme Acts, and all lawful Judgments on them. (1.) To lay Fines on the Subject, thus
Trin. 3.
Jac. did Chancellour
Egerton impose a Fine on Sir
Thomas Themilthorp, for not performing his
[Page 319]Decree concerning Land of Inheritance, and Estreated the same into the
Exchequer; and upon Process against him, the Party appearing pleaded that the Chancellour had no Authority to impose a Fine; the Attorney General
Petiit advisamentum Curiae, concerning the Authority of the Chancellour, and on mature advice, It was adjudged, That he had no Power to Fine in the Case,
Coke 4th.
part, 84. (2.) To Extend; according to which pretended Power, the said Chancellour Decreed against
Waller certain Lands, and for not obeying the Decree imposed a Fine, and upon Process out of the Court of
Chancery extended the Lands that
Waller had in
Middlesex, whereupon
Waller brought his Assise in the Court of
Common-Pleas, where the Opinion of the whole Court agreed
in omnibus with the Court of the
Exchequer, ib. (3.) Not only to proceed to Imprison the Subjects on false Suggestions, without taking any Surety of the Complainant, according to the Statute, to verifie his Bill, but without so much as taking his Oath of Calumny to his Bill, and have further presumed so high, as by their Edicts and Orders of
Chancery (which they have not the least Authority to make) to order the Subjects to be Attached and Imprison'd on every Affidavit of any Knight of the Post, and no Probation to be admitted to the contrary; and if while the Innocent Party is imprison'd, being remote from his Home, and suffering great Loss and Damage by this his false Imprisonment, he shall at length offer to prove the Affidavit false, and Knight of the Post perjur'd, he shall be discharged, but without any Cost, for the great Service the Knight of the Post did the Court to Forswear himself against the Prisoner, whereby they get some Fees: See here, a Chancellour, in desiance of Three Acts of Parliament, without any Sureties, without any Oath of Calumny, without any Judgment of Peers, publisheth in sight of the Sun his abominable Orders, to cast into Prison the most Innocent Person on the false Affidavit of every Perjur'd Knight of the Post, yea a single Affidavit, as appears by the Orders of the Chancellour and Master of the Rolls, Printed 1669.
Page 67. and yet they pretend
Page 65. under the Title of Commitment, that they are tender of the Liberty of mens Persons, and of their Imprisonments on Affidavits, and confess they are often Malitious, and made by one mean and ignorant Person; yet in the same breath,
Page 67. as if they soon forgot, or understood not what they said, in the beginning of their Order, they, the next leaf conclude, That a single Affidavit of such a malitious, mean, and ignorant Person, yea though he is proved afterwards to be Perjured, shall be sufficient to Imprison the Innocent Subject; and when he again gets out of Gaol, if he can let the Innocent
[Page 320]Party be indamaged his whole Estate, he shall not have a Farthing Cost for the false Imprisonment; and observe the depth of the Reason why, given by a Chancellour, and (as the Printed Orders say) with advice and assistance of the Master of the Bolls. 'tis this, as appears
Page 68. at the top of the leaf,
viz. IN RESPECT OF THE OATH MADE AGAINST HIM AS AFORESAID, that is to say, the Oath, though false, of a Villain Perjured, against the Innocent Person; for so is the implication of the Order, and likewise, though they durst not say so in express terms, yet so is the implicit
Non Obstante, notwithstanding any Law of God or Man, or Acts of Parliament to the contrary. Doth not here a Chancellour assume the Omnipotent Power of the Pope, to dispense with the Laws of God and Men, and assume a Power of Imprisoning the Subjects above the King and Parliament, yea contrary, and in contempt of their Laws? he doth; for the Law of God and Precept of Christ is known to prohibit the Imprisonment of any,
No Imprisonment ought to be, but where the Witnesses and Party are brought Face to Face. without two Witnesses at least, and without bringing the Witnesses and the Party accused face to face, that he may know them, and except against their Persons or Testimony if he hath cause, which is never done on an Affidavit. And the Laws of the Land,
Magna Charta, and Petition of Right, utterly prohibit all Imprisonment of the Subject on Affidavits, whether they are true or false, without bringing the Witnesses and the Party face to face, and a Judgment on such Testimony against him by his Peers; and if such Evil Precedents be suffer'd to pass without some example of Justice shewn on them, all Acts of Parliament which ever have been or shall be for protection of the Liberty of the Subject,
Forgery Licensed in
Chancery, thereby to Imprison the Subject falsely. will be vain and to no purpose. (4.) The Chancellour in the said
Chancery-Orders, Printed 1669. presumes to do in the Court of Conscience, what was never heard of to be done in the Courts of
Turks, Infidels, or the most Barbarous Judicatories in the World; for he is not ashamed publickly to give License to Cursitors and their Clerks to commit
Crimen Falsi, which we call Forgery, by Antedating Writs, taking them out of Returns past, or of a former Term; by reason of which Forgery of Writs, and Forgery of Returns, Antedated
Capiases, Proclamations, Exigends, and Outlawries Antedated have been likewise Forged, and Thousands of Poor men unjustly cast in Goals, and miserably undone, without any Summons or Hearing; and these are likewise the damnable effects of the Chancellours Writs, by which, as by others, the Plaintiffs, so here the Defendants, are destroyed without Hearing; and certainly these Crimes of Antedating and Forgery of Judicial Acts, though here Licensed by Orders of Chancellors, and Protected by Courts, by not Licensing
[Page 321]Averments against them, are by the Civil Law, and Laws of
Scotland, and of many other Nations, both of these, and Instruments, Death; and even by our own, the imbeselling of a Record by a Clerk, and Counterfeiting of Fines, is Felony; and, if the second time, so is the Forgery of Deeds. Writings, and Court-Rolls; and deservedly, the Offender better deserving death than a Robber on a High-way; and why any Crimes of this Nature should be publickly Licensed to the Ruin of all Truth and Justice, by any Chancellour in his
Chancery Orders, is very strange; the mischievous effects of which said Attachments on Affidavit, and Antedating Writs, and Forgery of Outlawries, are notoriously known, and not complained of here without good Cause and Testimony; and some particular experience of my own, to my loss, who have (as well as others) suffer'd in an high degree by the false Affidavit of a Fellow, who Subscribed and Swore it by a false name, and not his own, and likewise procured a Forged Outlawry antedated against me.
It belongs not to a Chancellour to be a Judg of Equity in
England. (5.) It belongs not to the Chancellours Office to be a Judg of Equity, or to make Orders, Edicts, Laws, or Writs, and thereby to Imprison the Persons, and dispose of the Lands and Goods of the Subjects Arbitrarily and at his Pleasure.
Coke 4.
part 82. saith, That all Statutes which give Authority to the Chancellour to determin Offences in
Chancery, are to be intended only in the Ordinary Court there, which proceeds in
Latine, and is
Secundum Legem, &c. and not in any Extraordinary Court which proceeds in
English, Secundum Aequum & bonum, and 37.
H. 6.14
& 27.
H. 8.18. it is Resolved, That the Court of
Chancery Proceeding by
English Bill, is no Court of Record, and therefore it cannot bind either the State of the Subjects Lands, or the Property of his Goods or Chattels, and therefore they there admit he may Imprison the Person,
Chancellour cannot bind the Subject's Goods not Persons. which is not only a
Non sequitur, but a contrary conclusion follows on it, for if he cannot bind the Subjects Goods,
à Fortiori he cannot bind his Person;
For the Life is more than Meat, and the Body is more than Raiment. Luke 12.23. And though those Common Law Judge; of
H. 6. and
H. 8. so sordidly deliver'd the Subject Prisoner to the Chancellour, so as they might keep his Lands and Goods to themselves, yet had they no more Law or Right to do it, than they had to deliver him Prisoner to the
Turks, or to send him to the
Barbado's; for the Subject is no Slave, neither ought he to be given or sold for one, without his own Assent by his Representative in Parliament; and having so good a Protection against the Chancellours and Common Law Judges, and the Orders and Writs of both, as
Magna Charta, and the Petition of Right, both for his Lands, Goods, and Person, they ought to shew some greater Laws than their
[Page 322]Writs and Orders of Courts, or Forgeries of Clerks, before they presume to invade either. (6.) There being no Law in
England which ever Ordained a Chancellour to be a Judg of Equity, or to make Edicts or Orders concerning the same; he can pretend no Title thereto, unless from the Laws of
France: and to that effect
Polydor Virgil saith, The
Chancery came in with the Conquest, to which, though my Lord
Coke saith,
Perperam Erravit, because the
Mirror saith, The Constitutions of the ancient Kings were, that every one should have out of the
Chancery of the King, a Writ Remedial for his Flaint without difficulty, yet he himself seems to be in the Error, and not
Polydore, for though the name of Chancellour and
Chancery was before the Conquest, and divers other Countries use the name of Chancellour as well as
England, yet the greatest part of the Writs came from
Normandy, and are mention'd in their
Customary, as who will peruse it shall find, but as to the Writ of
Subpoena, Centum librarum, and Arbitrary Power of the Chancellour, and to be a Judg of Equity, came first from the Conquest, and was never used before, nor did it belong to the Chancellour's Office, either of
England or
Scotland, that having other employment, and more than a Chancellour could do, though he never troubled himself with Judgment, but left the same to the Judges, to whom the King Delegated the cause by Writ, and this the very name of Chancellour testifieth, who was Originally no other than a Master of Requests to the Prince whom he served, and on Petitions deliver'd to him by the Subjects, if unfit to be Granted, he strook cross lines over them like
Cancelli, or Lettices, by which he Cancell'd them, and thence had his name of the Canceller or Chancellour, as
Turn. lib. 11.
advers. c. 25. and not according to that Fictitious Verse of his Power,
‘Hic est qui Leges Regni Cancellat iniquas.’
For when was ever any Chancellour in
England allowed to Cancel any Roll or Act of Parliament? And when these Petitions for Justice were deliver'd by the People to this Master of Requests, call'd the Canceller of such of them as were Evil, such as were Just he Cancelld not, but on behalf of the Petitioner, Granted the Princes Rescript or Warrant to the
Praeses Provinciae, where the cause of Action arose, or the Defendant lived, for
Actor Sequitur Forum Rei, which Rescript or Warrant we now call a Writ, containing in it self, (1.)
A Questus est nobis, a short recital of the Complaint. (2.)
Si A. fecerit te securum, a taking Security or Pledges of the Plaintiff;
de Prosequendo. (3.)
A Summoneas, or Summons of the Defendant to appear before the
[Page 323]Prince himself, or such Judges as he Delegated, though out of the Province or County where he lived, which was the Reason of taking Pledges of the Plaintiff, because he made the Defendant appear many times Hundreds of Miles from his Home, when he might in those days implead him before the President or Sheriff, or Lord of the Barony in his County, unless he excepted Partiality, or other just cause against him. (4.) A taking of Pledges of the Defendant to appear. (5.) To make Return of the Writ; and left Writs should be Counterfeit, the Chancellour was Keeper of the Seal, and Sealed them. It appears by the
Lex Julia de repetundis,
Chancellour not to sell Writs and Copies of Bills and Answers. that the Master of Requests or Canceller, was not to take any Fees for these Writs, for giving or not giving a Judg out of the Province or County where the Defendant lived, for it was a great vexation and oppression of the People to be Summon'd out of the Provinces on malitious Suggestions, without cause; and our own Parliaments in
England have often complained against the same oppression here by the Pope, on whose Citations and false Suggestions without cause, men were compell'd to give personal Appearances at
Rome, as many and as often as he pleased, if any would but buy there of his Officers a Citation; and to prevent this vexatious exaction of Appearances on Writs, of men out of their own Counties, besides the requiring of Pledges on all Common Law Writs, and the enjoining of Pledges to be taken in the
Chancery-Writ of
Subpoena, as in the
Lex Julia, so is it mention'd in
Magna Charta, Nulli vendentus nulli negabimus Justitiam vel Rectum, which is intended of a Writ of Right, and all other Writs, whereby Right is obtained; for if the Chancellour were not to take Fees, and sell his
Subpoena's and other Writs, he would not so often by them make men Travail thorough Nine Shires to
Westminster (when they may have better Justice done at home in their own County) on no other cause than Fictitious and Malitious Suggestions of the Plaintiff, and that he may take a Fee for the same, and he would Cancel according to his Office more Petitions and Bills than he would Grant; but assoon as Chancellours took Fees for Writs (which Sale of Right, 'tis likely, as
Polydore says, came from the
French) then no Suit could be begun without Writ, all were driven to
Westminster, Parties, Witnesses, and Juries, unnecessarily, and to no purpose but to inrich the Judicatories, and undo the People; in like manner the Plaintiffs and Defendants ought to give one another mutually Copies of their Bills, Declarations, and Pleas, at the expenses of the Giver, which is very small and easie to the Parties, and not to be compell'd to buy them of the
Chancery, or Common Law Officers; so the Chancellour had neither his
[Page 324]Jurisdiction to Judg of Equity, or his Sale of all the Judicial Parts of the same, and of the Law with it, from the Law of
England, but
A-lamode de France from the Conqueror, till
Magna Charta abolished his Tyranny by the Judgment of Peers, and of his
French Comtes, by the 28.
E. 1.
cap. 8. by which Act that gallant King grants every County the free Election of their own Sheriff, after which the Land was free from the Chancellours Troubling men out of their own Counties by his
Subpoena's, till
H. 5. Conquer'd
France, by which, as is usual in other Conquests, some Touch of the Diseases and Vices of the Conquer'd will be return'd on the Conquerors, and accordingly in the time of his Son
H. 6. the
Subpoena and a Chancellour with a Pretorian Jurisdiction pretended of Equity, with Power of making Laws, Edicts, and
Chancery-Orders, and Forms of Writs, and to Sentence above all Appeal, all which Powers belonged to the
Roman Pretor, of which the
French Chancellour was the Ape, and Ours of the
French; and this pretended Pretorian Jurisdiction ever since hath grown so much
A-la-mode, partly by making Bishops Chancellors, who pretended Supremacy in all matters of Conscience, and had in their hands amongst the Superstitious the flaming Sword and Thunder-bolt of Excommunication, partly by their Power, overtopping and overawing the Common Law Judges, and partly by flattering the People with doing Justice in the
English Tongue, which was very grateful to them (and would be as grateful now in the Common Law Courts if they could get it) the Chancellours contrary to the greatest Fundamental Laws and Acts of Parliaments of the
English, introduced on them a most lawless Arbitrary Power, and Servility of a Foreign Nation, to dispose of their Lands, Goods, Persons, Liberty and Propriety, at their pleasure.
And what is more, have assumed like the old
Romish Pretors the Power of making Laws, Edicts, Forms, Writs, Obligatory to the Subject's Persons, Lands and Goods; for
Coke on the Question, In what Text the Common Law is to be found, saith,
In Forms of Writs, and Forms of Entries, in Courts of Records. And
Bracton saith,
Breve ad similitudinem Regulae Juris Formatum. So who assumes the Power of making Writs, Judicial Edicts, Forms and Orders, assumes the Legislative Power, notwithstanding, and above Acts of Parliament, to dispose of the Subject's Liberty and Propriety at pleasure; yet this have Chancellours done, Forming divers Writs in the Register out of their own Heads,
Lamb. Archeion. which always are Formed for the greatest Profit of the Clerks and Courts which make them, and not of the People, and Episcopal Chancellours have so far in time of Popery deceived Parliaments, that
Westm. 2.
cap. 24. gives the Clerks of the
Chancery
[Page 325]as good as Power to make what Writs they will, and the pretence is insinuated by the Clerks,
De caetero non recedant querentes à cur' Regis sine remedio, or
Ne Curia Regis desiceret in Justitia exhibenda, whereas none who understands the least part of the Forms of Judicial Proceeding there is, who doth not know that the Kings Court if he please may do far better Justice, if all the new Writs made by Clerks, and all the old Writs in the Register were made a Bonfire all together, and none but Copies of Declaaations served without them, then 'tis possible to do with them; which Del gation of Power to Clerks to make Writs, must be void; for the making of Forms of Writs, Edicts, or Orders, is an Act of Legislation; and to give Votes in Legislation, is a Personal Office of Trust reposed by the People in their Representative Elected by them; and by the known Law, no Office of Trust can be Assigned, Granted over or Delegated; if the Parliament therefore please to enact themselves any Judicial Forms or Orders of Proceeding, they ought to be obeyed as Laws; but it would be a great injury to the People, if they should Grant over the Office of Trust in them, to a Chancellour and Clerks never Elected or Intrusted by the People.
Chancellour of
England or
Scotland no Pretor. Let a
French Chancellour be therefore what he will, 'tis clear no
English Chancellour ought to be a Pretor, Judg, of Equity, maker of Laws, Edicts, Forms, or Orders of Judicial Proceeding, nor any Chancellour of
Scotland, the full of the matters of both whose Offices, though they may differ in the Fees, are mention'd
Stat. Mal. 2.
cap. 2. that is to say, (1.) To Seal Writs. (2.) To Seal the Kings Pattents, Grants, and Commissions. (3.) Presentations to Churches. (4.) Pardons to such Malefactors as deserve them; which Statute of
Malcom 2.
cap. 2. follows in these words,
(1.) Item,
They Ordained to the Chancellar the Fie of the Great Seal, that is, for ilk Chartour of an Hundreth Pound Land, and above that, the Fie of the Seal Ten Pounds, and to his Clerk for the Writeing twa Markes.
(2.) Item,
For ane Precept of Suising conform to the Chartour, to the Chancellar for the Fie of the Seale ane Mark, and to his Clerk twa Shillings.
(3.) Item,
For ane Letter of Attornay or Protection, for the Fie of the Seale Twelve Pennies; and to the Clerk for the writeing Thrie Pennies.
(4.) Item,
For ane Brieve closed with Walx, to the Chancellar Sex Pennies, and to the Clerk for writeing Thrie Pennies.
(5.) Item,
For are Letter of Remission given by the King for the Slauchter of a man, to the Chancellar 40
Shillings, and to his Clerk for the writeing Sex Shillings Aucht Pennies.
(6.) Item
For ane Letter of Presentation to ane Kirk, or to ane Hospital, to the Chancellar 40
Shillings, and to his Clerk for writ
[...]ing Aucht Pennies.
(7.) But that part of the Office of the Chancellour of
Scotland which concerns Original Writs, is since Reformed, and all Writs Abolished, except Seven,
Only Seven Writs left in
Scotland. which
Skene de verb. sign. tit Breve recites thus,
Bot Seven Forms of Brieves
all anerlie are now commonly used, The First,
The Brieve of Mortancestrie. The Second,
The Brieve of Tutorie. The Third,
The Brieve of Idiotry. The Fourth,
The Brieve of Terce. The Fifth,
The Brieve of Line, or Lin
[...]ation of Lands and Tenements within Burgh. The Sext,
The Brieve of Division. The Seventh,
The Brieve of Perambulation. Quhair of the Three first Brieves
are Answer'd, and retour'd again to the Chancellary, and the uther Four receives na retour'd Answer. And in all other, Actions, instead of Writs, by an Act of Parliament of
James the Fifth, after mention'd, the Defendant ought to be served with a Copy of the Declaration to begin the Suit.
Only one Writ in
Wales for Real Actions. Writs pull men out of their Houses, Beyond Sea.In
Wales, and some parts of the
North, they Trie all Real Actions by a
Quod ei deforc
[...]at.
(8.) The mischiefs of Writs are, they pull men out of their Houses before Judgment, contrary to the Civil Law;
ff. siquis in jus vocatus non ierit l. 21.
de Domo sua nemo extrahi debet, which is expounded by
Bartolus, Invitus quis de domo non debet extrahi, sed ibi existens potest verbaliter citari, & contra contumacem fit Missio in possissionem.
(9.) Writs help not for any matter rising beyond Sea, unless by Fiction of the place beyond Sea to be in
England, so honest men are without Remedy, and only Liars obtain it.
No Oath of Calumny can be to a Writ.(10.) No Oath of Calumny can be given of a Writ, whereby it becomes full of Falsities and Fictions, but to a Bill in
Chancery or Declaration, an Oath of Calumny may be given, which will purge it from all Falsity and Fiction, if no Writ; but if there is a Writ false, it will compell the Declaration to be false, because it will otherwise be abated for Variance from the Writ.
(11.) Writs make Declarations to be of double length, and contain two Declarations, one a vain repetition of the other, for 7.
H. 6.47. In every Action on the Case, the whole Cause of Action at large ought to be contained in the Writ, for it is not sufficient to have a general Writ and special Count, whereby the Party is compell'd to Enter, and the Defendant to Copy a double Declaration of huge length, and often twice as long as a
Chancery Bill; and Four Judges on Demurs to have each a Copy, and of the whole Process, to the intolerable Charge of Suitors, and Gains of Clerks and Officers of Courts, though it be but a trifling Action for Words, or the like.
(12.) Writs must pass the hands of Under-Sheriffs, who often times will delay and betray them as long as the Party will give them Money.
(13.) The old Writs which are in the Register, and all the new which have been coined or joined by Chancellours or Clerks, are defective and insufficient to supply Justice in the multitude of Cases which happen.
(1.) Because the greatest part of the Writs of the Register are Antiquated, and never used, but remain as Forms out of Fashion, and matters as unprofitable Lumber.
(2.) All real Actions are thrown aside; and the truth is, Lawyers are so ignorant how to manage them, that, like the old
[...]ion in his Den, they draw all their Clients into
Chancery, whence
Vestig
[...]a nulla retrorsum.
(3.) The two old Principal Writs of
Droit Patent, and
Novel Disseisin, the one to determine the Right, the other the Possession; no Lawyer now knows in them to join the
Mise, or arraign the Assise, any more than he doth when he talks of
Robin Hood to Shoot in his Bow, whereby the two chief Writs, which dispatcht more Justice than all the rest, are utterly lost.
(4.) It is as impossible for a Chancellour and Clerk, though they make in their
Officina Brevium a Thousand Forms of Writs more than they have, to fit with them all that want Right, any more than for a
Shoe-maker in his
Officina Calceorum, though he hath a good stock of Shoes ready made, to all the Feet with them which want Shoes; yea more impossible; for the Shoe-maker makes his Shoes of soft yielding Leather, his Straps or Buckles open or shut them wider or closer, his Shoeing-horn, Weesel-skin or Fists, draw, pull, and thump them off and on, and many pretty tricks and Instruments he hath to curry, shave, stretch, punch, oil, water, and stand them on the Last, to accommodate them for the Foot, but a Chancellour makes all his Writs of
Iron or
Latine, and puts in them so many Gravels of Fictions, Falsities, broken Words, Repugnancies, Absurdities, Nonsense, that it kills or creeples any Case to walk from its own Home to
Westminster.
(5.) That there is an intolerable defect in Writs to supply Justice to the People, appears in this, That though all Originals come out of a Court which in
[...]itles it self a Court of Conscience and Equity, yet there is not one Writ to Remedy a particular Case of either, nor any Action on the Case, for a Case of Conscience or Equity arising from the Moral Law of God, but all fall down and worship the Themis or Great Idol of the Ceremonial Law of Man, of Livery and Seisin,
[Page 328]Fines, Recoveries, Inrollments, Writings, Seals, Forms of Entries, Forms of Pleading, Forms of Words, Fictions, and the like, which are not able to give a Right to the least foot of Land or handful of Goods, nor any other Law than the Moral Law of God of Truth and Equity; neither if these Writs were Formed according to the Truth and Equity of the Moral Law of God, is it possible a sufficient number should be Formed, for Writs are finite, and Cases of Equity infinite, and not to be put in Writs, or written, except by God, in the Fleshly Tables of the Heart, and in the Spiritual Tables of the Soul it self, and Conscience.
It will be asked, How could they subsist before
H. 6. without a
Sub paena and Equity from a Chancellour, seeing the Common Law Writs could not supply it; and what expedient is there now how Equity may be supplied? To which I answer, That Equity was then supplied by the Writ of Right, and
Justicies, the Titles of both which Writs signifie Equity; and likewise other Writs, and the General Issues Formed on them, of the
Meer Right, Not Guilty, Null Tort, Null dissersint, Nihil debet, guided the Jury to find according to Right and Equity, by the Moral Law of God, and not the Ceremonial Law of Man; till the Judges, to wrest the Power belonging to Jurors into their own hands, brought in the Tender of the Demy mark, to turn the Issue of meer Right into a Possessary Issue, and instead of Truth brought in the Pictions of Colours, destroyed the
Justicies by
Writs of Remover, gave way to false Laying of Counties in Transitory Actions, changed
Venues, granted new Trials, abated Declarations for Variance from the Bond, and not Sueing for what was paid, as well as for what was not, granting Arrests of Judgment after Verdict, and not permitting to demur first to the Law, and after to plead to the Fact before Verdict, prohibited on the Issue
Not Guilty, matters of Justification to be given in Evidence, admitted Demurs to Evidence, admitted special Verdicts, caused Juries to be of an even and not of an odd number, and the Verdict not to be according to the Plurality of Votes; and many other ways they had to weary Juries from giving a Verdict according to Conscience and Equity, or when they had so given it, to same.
I conclude therefore, to compell men to Commence Suites by Writs in the present Age, is to condemn them without Hearing of the Equity and Merits of their Cause; and to compell them to revive again those Ancient Writs, and trie Equity by Juries, hath many great inconveniences, before mention'd to be incident to all Writs, especially such as are Antiquated and not understood; but all these mischiefs are
[Page 329]salved by Commencing Suites by a Copy of the Declaration Sworn, in stead of a Writ, which cannot be Sworn, and a Judg Commissionated with Jurisdiction of Fact, Law, and Equity, under Appeal, which single Judg in a Court by himself sitting without Vacation, as a Chancellour hath Power to do, will, no doubt, be able to dispatch more Causes without troubling any Writs, Juries, or Councel at the Bar, and more justly and under Account in one Year, then 'tis possible for any Chancellour with Plurality of Offices, or Court with Plurality of Judges, Juries, and Councel at the Bar, to do in Seven.
(6.) Men are condemned before Hearing on the
Capias Ʋtlagatum, and
Excommunicato Capiendo.
A Satyr on a
Papist and a
Protestant Imprison'd, one on an Outlawry, the other on an
Excommunicato Capiendo, against Imprisonment before Hearing.
A
Papist and a
Protestant
Who used, when they met, to Rant
About the Altar and the Rail,
Were both together Clapt in Gaol:
The first was catch'd by an Outlawry,
The last whose Conscience did vary
From Bishops and their Common Prayer,
As Felon or a false Betrayer,
Was therefore Excommunicate,
And put to beg within a Grate.
Pap.
Brother then quoth the
Papist sad,
Are
Protestants too grown so mad
To have an Inquisition here;
Who thus can, though no cause appear,
Forfeit our Goods and Selves at will,
In Prisons cold to starve and kill
Before they Hear us? doest not know
Amongst our selves it is not so:
Who by Experience wiser grown,
Will Inquisition now have none?
Witness the Rich
Venetian,
And wary
Dutch, who late began
For Liberty against such Lords,
And
Swisse, with their two handed Swords.
For this Proud
Aragon Rebell▪d;
And
Naples Silk-men hardly quell'd,
And many more abhor'd such Tricks,
Yet are they all good Catholicks.
So
Holland justly now prevents
Imprisonment of Innocents,
And makes (to help the Poor opprest)
Before a Judgment no Arrest.
Is this the
Charta, and of Right
Petition, for which you fight?
That every 'Torney and his Clerk
(Who use to live upon the shark)
Forge all the Outlawries they please,
Remedies worse than the Disease,
And, that Poor men may be betray'd,
First Forge the County where 'tis laid?
They Forge and Antedate the Writs
Of Parchment cut in little Bits,
Then next they Forge the Sheriffs name,
And Forge Returns upon the same:
They Proclamations Forge and Feign,
And Exigends next without pain;
And all this Knavery you may spie
Page Sixth of the
Academy,
Which is their Mother and their Nurse,
Teachers to Forge and Steal of course.
Such Clerks deserve hanged to be
As
Nicholas Clerks upon a Tree;
And thus, though made them to prevent,
They fool all Acts of Parliament;
For no Averment must deny
The Shrieve or Clerk, although they lie.
Is this the Liberty so proud,
(You use to cry it up aloud)
And Property you so much Vant
That every
Papist it doth want?
What Purgatory can you tell
Is worse than this on Earth, your Hell?
Or what Hell is there more worth fearing,
Than Your Damnation without Hearing?
He neither shews me Time or Place,
Nor Witnesses brought Face to Face.
My Goods are all Confiscated;
My very Wives and Children's Bed
The Bailies Seised, without account
Of Price to what they did amount,
Or Witness; Writings, Boxes, Chest,
And Money too on a Suggest,
And Lies and Fictions; in worse case
I am than Felons in this Place,
Their Goods, although the Law is strict,
Not Forfeit are until Convict,
But left to feed them: Oh the blest
Justice is shewn to men distrest
By
Protestants who only, you
Say, have the Religion true!
But Christ says,
Know them by their Works,
Which shews you worse than
Jews or
Turks.
I have not left a Bit of Bread,
Witness these unfeign'd Tears I shed:
The Plaintiff asks of me a Sum,
As at the Dreadful Day of Doom
I answer shall, and God doth know,
I do not him a Farthing ow;
Yet can I not, although I try,
Be brought to answer or deny
His Forged Stuff, or see the Face
Of Judg or Jury on the Place;
But here to perish am designed,
And to this Dungeon confined,
Unless I give what e're he'l ask;
This is my miserable Task.
I think you now turn Witches too,
The Rogues the mischief who did do
To bring me here, sure had a Spell,
(What Language 'twas I cannot tell)
'Twas written in a little scrow,
Half-words and dash't, that none might know;
Or rat
[...]er scratch'd it was in Soot,
With Devils Claw, or Cloven Foot.
Prot.
Brother, y
[...]ur self when Caught you find,
In snares for others you designed,
Learn, Who ill Principles extends
Against his Foes, destroys his Friends;
And when for us you dig a Pit,
You are the next fall into it.
It was your Church, what er'e it saith,
Law-
Latine left, and
Latine-Faith;
And Babbled without Mood or Tense
In Church and Court, and without Sense,
That blind might lead the blind, and they
Rob so, all pass'd through their dark way.
You before Hearing first did Curse,
And Oulaw too to take a Purse,
Of which too late you now complain,
And we to help have tri'd in vain.
The
Papist too brought Fictions in,
And Forgery that foulest Sin;
The
Papists too were the first sharks,
And sate in Courts, Bishops and Clerks.
And left their Cursed Presidents
Of Forms, for their wicked Intents;
Which still continue now, and you
As well as we begin to Rue,
At least the Poor of either side,
Though they touch not the Prelat's Pride:
And if you Perish by the same,
Who but your selves now can you blame?
The
Protestant at length Essai'd,
Although by greater Power dismai'd,
Forms, Fictions, and Forgeries,
By
Papist left to blind the Eyes
Of Justice and Religion,
And in a Language still unknown,
And the High Places of old
Baal,
Which did both Souls and Bodies Thrall,
To take away, and teach their Youth
Worship in Spirit and in Truth:
[Page 333]
And Justice too, by those who swayed,
In a True Ballance to be weighed;
For Fictions and Forgeries
Come from the Father of all Lies;
But still the
Protestant in vain
To Supreme Power did complain,
While
Papist-Peers in Parliament,
And Pensioners, the Publick Rent
Force from the Common's Skin and Bones,
It was in vain to make our moanes.
From Justice then, with many Jeers
You kept, and first made us shed Tears;
Although deceived in your hope,
Perhaps now from your selves they drop,
And you and we suffer alike,
From strokes which you and us did strike.
Am I not in as bad a Case
As you within this Dismal Place?
And me to make yet in a worse,
They Outlaw may, as well as Curse.
You have unto the Dreadful Doom
Of God Appeal'd, which is to come,
You nothing owe; I to the same
Appeal, and his most Dreadful Name,
I have committed no Offence
'Gainst men, nor 'gainst my Conscience,
For which I'm Sentenc'd to lie here,
And be your Fellow-Prisoner.
Who Rule the Conscience can, but God?
Or who can change it with a Nod?
I see not when the Bishop winks,
Or if I think not as he thinks,
Or cannot by Implicit Faith
Believe what e're the Bishop saith:
Is't just, because that I cannot,
I should lie here to Starve or Rot?
Pap.
Brother, I'le freely tell my mind,
And say where
Protestants are kind
To Catholicks, in Recompence,
They each enjoy their Conscience;
[Page 334]
And Toleration hath united,
Not only those before Recited,
But bloody Wars could not be ceased
In
Germany, 'till Conscience eased
On each side was, in the same Nation,
By a mutual Toleration.
The like in
Hungary was acted,
And no Peace there could be transacted
Between the Emperor and them,
'Till Grafted both on the same Stem;
And many other like appear,
Too many to be Cited here,
They are not Commons, but our Peers
Who set us both now by the Ears;
They Pensions take from
Rome and
France,
Poor Us to
Tyburne to advance;
And with some part when 'tis espi'd
They Pardon, Buy, and us Deride:
Why then should
English Freedom miss,
More than our Neighbour
Dutch or
Swiss?
Or Driven be to Gaol or Church,
Conscience and Justice both to Lurch?
Prot.
Brother, I'm not so void of Sense,
As Punishment on Conscience
To wish, who in so high degree
Suffer for it my self, you see:
But on what Terms the wiser State
Will both Religions Tolerate,
I cannot tell; or if no fears
They have of Poor, but only Peers,
I know not: only this I say,
We should small Prudence then bewray,
To trie for others, and in vain,
'Till our own Liberty we gain.
Pap.
Yet we in this do both agree,
Though Toleration none there be;
And both alike for this contend,
That whether he is Foe or Friend,
[Page 335]
Yet before Hearing he ought not
In Cruel Prison Starve or Rot;
And
Magna Charta none can be
Of Property or Liberty,
Unless 'tis in the same Expres't,
Before a Judgment no Arrest.
(7.) The Three Kingdoms condemn one another without Hearing, by a Non-Union of their Three Parliaments.
Of the Fatal Danger threatning all Protestants, by the Division of the Three Parliaments of
England, Scotland, and
Ireland, and the inestimable Benefits ensue the Union of the same in one House.
Unless the Supreme Judicatory is rightly constituted, to Judg between the King and his Subjects, Church and Church, Kingdom and Kingdom, Nation and Nation, Possession and Succession, and between one Subject and another, it is in vain to constitute inferior Judicatories to any of those great ends of Preservation of Religion and Justice, Peace and Truth, Liberty and Propriety; for there being no Supremeequal Judg constitute, there will-be no inferior Judg equally constitute; and being no equal Judg Supreme or inferior, if Kingdoms happen to become Plaintiffs and Defendants one against another, for Religion or any other Quariel, they are necessitated to condemn one another without Hearing, because they agree not by what Judg they will be heard, but will, like the
Scythians, worship the Sword and Fortune for the Gods and Judges of the World, and begin their Sute one against another with Execution by the unjust
Capiases and Outlawries of War, and Proclamations of the same by the Trumpet.
(1.) First therefore the great danger these Three Protestant Kingdoms lie under, is, If any Papist should again (as they have by their perpetual Plots hitherto endeavour'd to) kindle a Civil War, there can be n
[...] Judg equal Elected by them able, without the Persons Elected sit in one House, to punish the Incendiaries and prevent the War.
Succession of the Crown divided by divided Parliaments.(2.) If the Succession of the Crown should happen to become contentious between Competitors; and the Parliaments continue as they do, divided in several Houses, and several Places, the Three Kingdoms, if they depart from the immutable Moral Law of God, either to the Ecclesiastical Laws of their several Churches, or to the Temporal Laws
[Page 336]of the several Kingdoms; they may each have several Laws, Privileges and Customs of Succession one from another, and the Houses of Lords may have different Customs and pretences to Judicatories from Houses of Commons, and the Episcopal Assemblies and Synods may pretend several Rights of Judicature from the Law-Courts, so every Kingdom may happen to be divided in their Sentence of Succession, and one to Judg it to
A. another to
B. another to
C. the House of Lords in one to Judg it to
D. in the other to
E. in the other to
F. the House of Commons to Judg it in one to
G. in the other to
H. in the other to
I. the Episcopal Synod to Judg it in one to
K. in the other to
L. in the other to
M. The
Persians did better, who made but one Judg, though 'twere an Horse, by first Neighing at the Sun-rising, to declare his Master Successor to the Crown of
Persia, than to dispute it with Thousands of Men and Horses vomiting their Votes in Blood. How joyfully would
Rome Triumph in the Spoils of Self-divided Protestants slaughter'd with their own hands! This would be the sad effect of divided Parliaments, divided Houses, and divided Kingdoms, according to what Christ himself deel res,
Matth. 12.25
Every Kingdom divided against it self, is brought to desolation: and every City or House divided against it self, cannot stand.
(3.) It divides the Head from the Bodies, for a Prince cannot be Omnipres
[...]nt; if he is in Person wi
[...]h any One of his Parliaments, the other Two are without their Head; but if the Three Parliaments are united in one Body, then is there one Body, and one Head.
(4.) The Head which is separated from any of the Bodies is insensible of the Pains, Distempers and Dangers of those Bodies from which it is separated; those Members who are Elected as Natives of
England to serve in Parliament, cannot be but ignorant of the true State of
Scotland, and
Ireland, and
Scotland and
Ireland of one another, and both of the true Sta
[...]e of
England; but when they sit altogether in one House, they can inform one another, and his Majesty, and give him a full prospect at once of the true State of all his Kingdoms, and the Affairs in them.
Parliaments divided delayed with Nine Negatives.(5.) Parliaments divided by Hundreds of Miles distance by Land, and passage over Sea, are most dangerously dilatory in all Affairs of War, and all other matters concern
[...]ng publick safety; for every Vote to raise Money, or if it be but to relieve a Garrison, must pass Nine Negatives, or Nine Affirmatives, Three in the Parliament of
England, Three in the Parliament of
Scotland, and Three in the Parliament of
Ireland, before which will be passed and executed, Nine Towns may be taken.
(6.) This Dilatory danger of Division of Houses sufficiently appears in the Higher and Lower House, though neither divided by Lands nor Seas. And how much Time is wasted in fruitless Messages from one to another, till the opportunity and what is contended for is lost! whereas if they had sate in one House, and the Matters to be carried by plurality of Votes, there must have been an expeditious Dispatch.
Coke mentions some Records, wherein appears, that when there was a necessity of Levying Money for a War, the Commons would assent, and the Lords refuse,
Rex accersitis Regni Barombus tractabat cum iisdem de Regni Regimine, de
(que) pecuniali subventione sibi ferenda; sed proceres regiis votis tum minime paruere. Et 18.
E. nu. 14. The Commons Granted Money, but the Lords would Grant none. In the time of
H. 4. the Commons would have Granted an Aid, but
Subsidium denegatum fuit Proceribus renitentibus. Walsingham saith,
p. 475.
His diebus clerus & populus primo quintam decimam & postmodum tricesimam bonorum suorum Regni Angliae
in subsidium concesserunt. So here is no mention made of the Lords, which is always done when they give; where by it seems they evaded the Subsidy. 29.
Eliz. The Commons desired the Lords they would join with them in a Contribution or Benevolence to the Queen; the Lords gave Answer, They would leave the Commons to themselves, and they would Rate themselves; which they did at the Rate of Two Shillings in the Pound. The like 13.
E. 3.
n. 7.
b. 18.
E. 3.
n. 10.20.
E. 3.
n. 11.27.
E. 3.
n. 8.4.
R. 2.
n. 13. When the House of Commons had offer'd to grant an Aid, if the Clergy, who had the Third part of the Land, would pay the Third part of the Aid; the Clergy Answer'd, They were not to pay Aid by Parliament, but will'd the Commons to do their Duties, and they would do their own. All which Examples shew, That more Houses than one are a great clog in all matters concerning Publick Safety; and a far greater are many Parliaments remote one from another.
(7.) There can be no Pledges given of Peace and Unity, but by the Union of Parliaments, wherein each Nation in One House, give themselves as Pledges of Amity one with another.
(8.) There can be no Love without it, which is the greatest Bond of Union, for,
Ignoti nulla Cupido; how can they be acquainted, where they can neither see nor hear one another, and how can they Love where they are not acquainted?
(9.) Parliaments United strengthen one another against the common Enemies, like the Cable made of many Cords, which holds the Ship of the Commonwealth at safe Anchor, against all the fury of Winds and Waves, and cannot be broken; or like the Arrows when bound in a Sheaf, invincible; when separated, easily broken.
(10.) When separated, either Parliaments, or Houses, it is easier for Enemy-Princes to corrupt Members with Money; for, it is easier for the Shepherd to watch one Fold, and secure it against the Wolf, than many; the corruption likewise is easier of Messengers between Parliament and Parliament, and House and House, than of the Members, who may casily in travelling have opportunity of spreading false News, Bruits and Rumors, and cause thereby Misunderstanding between the King and his Parliament, and People, and between every Parliament and House one against another; whereas there need no Messengers, if only one House of Parliament.
Secrecy of Union.(11.) The more Parliaments and Councils there are, the less Secrecy; there was at
Rome but one only Senate, and what
Livy lib. 48. mires at, there was no Privy-Councel for matters of State allowed, but all matters of Peace and War were transacted in the Senate prudently enough (though
Livy hesitate as to the Prudence) and the Secrecy of this great numerous Senate was so close, that none of the Ambassadors of
Greece or
Asia could fish out, either by Friends or Money, amongst so great a number of Senators, what
Eumenes his business there (who had Audience in the Senate) was; a thing impossible to be done, where there is a Senate and a Privy-Councel, or a Plurality of Supreme Senates.
(12.) One dissentient Parliament or House standing divided, may clog or betray the Defence of the rest; it is already mention'd how often Dissension between the Higher House and House of Commons have stopt Military Provision against the common Enemy; and how often fell it out in the same man er at
Rome, That when Recruits and Supplies were to be sent to an Army in the Field, Discords were importunately raised between the Senate and the Tribunes of the People, whereby the Enemy commonly obtained his Design of Stopping the Raising new Forces against them; for the Tribunes of the People sate not in the Senate, but were a divided State, having a Negative on their Votes, but no Vote with them and were indeed a most imperfect constitution of Defensors of Liberties against Senators permitted to be Hereditary, and was no way to be remedied, unless the People had taken on them the Election of the Senators, as is now done by such Nations as have the Liberty of Parliaments; but if Two dissentient Negatives, or Houses, or Parliaments, are joined together in one House, where the matter is to be carried by Plurality of Votes, there dissentient opinions of the several Members are so far from hurting the Publick, as they do the same much Good: First, by the contrary Dispute of the Question, the Truth is the better understood; Secondly, When two
[Page 339]Extremes contend, they commonly moderate one another, and produce a more temperate Sentence, than if the whole Senate were all of the same mind, without any Faction; so, as long as
Cato and
Caesar made Orations one against the opinions of the other in the Senate, it mitigated them to moderation; and it was the Contention in the Field and not in the Senate, caused so much mischief to the Publick; which could not be avoided in such a Senate which was no equal Representative Elected by the People, but some Senators, so disproportionable in Power, as
Caesar and
Pompey were to the rest.
Strength of Union.(13.) Though Confederacy of Foreign Princes ought not to be neglected, yet the Confederacy of the Three Parliaments by Union in one House, is a far greater assistance, than of any Three Foreign Princes Confederated and living in Foreign Palaces; and such Three Protestant Parliaments in one House, and under one Protestant King, are (by Gods help) of greater Strength and Councel than any Three Catholick Kings, and the Pope with them, if they should wrongfully confederate against the Protestant.
Examples of Un on of Parliaments.(14.) All these, and (no question) more dangers of Disunion, and Benefits of the Union of Parliaments were foreseen to the Wisdom of King
James of famous memory; and how zealously the desire of such an Union was press'd on him by him, between
England and
Scotland, appears by the Act, 1.
Jac. cap. 1,
& 2. And thereby Commissioners of each Nation were appointed to meet and Treat, and to reduce their D
[...]ings therein to Writings or Instruments Tripartite, every part to be subscribed and sealed by them, and one part to be deliver'd to the King, the other to the Parliament of
England, the other to the Parliament of
Scotland; this was promoted several times in the House, and vigorously Seconded by many Noble Protestant-Patriots; after which, as appears,
Coke 4th.
part, 347. there started a question amongst the Commissioners, whether there could be made a new Kingdom of
Great Britain, before there was made an Union of Laws, which Question was, by Command of the King, refer'd to all the Judges of
England in
Trinity Term, Anno 2.
Jac. who unanimously Resolved,
Coke being then Attorney General,
That Anglia
had Laws, and Scotia
had Laws,
A ridiculous Answer of Judges, touching Union of Kingdoms.
but this new Erected Kingdom of Britannia
had no Laws; and therefore where the Forms of all Judicial Proceedings of
England are
Secundum Legem & consuetudinem Angliae, it could not be alter'd,
Secundum Legem & consuetudinem Britanniae; an Answer fitter for Protonotaries than Judges, as if no Union were possible to be made of Kingdoms, but by
Rastall's Book of Entries; whereas one word of a
Nuper would have salved this horrible objection, and but two lines of a
Proviso in
[Page 340]the Act of Union, might have made the Style of their Formality what they would have had it; but this unlucky Pedantry of Theirs was a fatal Scourge to
Great Britain, for in all humane probabilities, if there had been then made an Union of Parliament, the late Bloody Intestin Wars had never been. 3.
Jac. cap. 3. A Recital is made of the long and worthy Labours of the Commissioners of
England and
Scotland, and how, albeit all things had been by them fully and effectually pursued and accomplished,
&c. Yet for that divers other matters required present Dispatch by the Parliament, and the matters concerning the Union might be consider'd as well any other Session, therefore the same was defer'd for that time.
Anno 4.
Jac. 1. An Act is made for Repealing certain Acts of Hostility, in former Ages made between the two Nations, where the Commissioners lost all the Pains they had taken, to the discouragement of any other who should thereafter attempt the like; so by the Power and Subtlety of the Popish Episcopal Party and Lawyers (all whose Interests a Reformation of Laws for
Britannia would have crossed) the whole business and Attempts of Union have been ever since obst
[...]ncted.
As for Examples, In former Histories we find none more free than the
Romans, to Naturalize their Associates, and to make the Natives of the Provinces Citizens of
Rome. The Grand
Seignior takes into his Council the Natives of several Kingdoms, yea though Christians, when once Educated in his Religion. The several States of
Greece had not been able to have subsisted against the
Persian, had they not United themselves in one common Council of State, though their Laws and Commonwealths remained several. The
Netherlands had been never able to have subsisted against the
Spaniard, had not the Provinces been United in one
Staadt-House and Common Council; yet is not that Union perfect, they remaining still under several Laws and Customs, and in the nature of several Commonwealths, and therefore not impossible to be again divided, as the
Grecian States thereby were. So were it imp
[...]ssible for the
German Empire to subsist against the
Turk, were they not United in one Supreme
Dyet and Common Councli; for a Parliament of Kings in person, as the Electors are in Power, is better than none at all, and better than a Confederacy of Kings by Proxies, they remaining in their several Palaces; yet in many other respects the Union being of the Prelates and Princes, and not of an equal Representative of the People, it is liable to perpetual dangers of Civil Wars, and the Dividing of one Prince against another, who may perhaps, as the Captains of
Alexander the Great, and the
Italian Princes, in the end set up
[Page 341]every one for himself, there being nothing to hinder but the Terror of the Neighbouring
Turk; whereas if the Union were constituted of an Emperor and Parliament equally Elected by the People, the Empire were invincible, for the Prince were then but one, and the Senate but one; but this is impossible to be performed, except in Protestant Dominions, for then must the Pope and Prelates be Cashier'd, which no Catholick Prince can, or dare attempt. How great thanks do we therefore owe to God, who hath vouchsafed Protestants so great a Privilege, to Unite all their Parliaments, if they in blindness and stubborness neglect or resuse not so great a Mercy, as perhaps may not again be so easily offer'd? The
Cantons of the
Swiss could not subsist without being United in a Common Council for State-Assairs. So of the
Grisons. Yet do the
Cantons remain in the nature of several Commonwealths, with several Laws and Customs, which Union is very imperfect.
Livy lib. 2. complains of this defect of Union of Councils in
Rome, and saith,
Profecto si essent in Republica Magistratus nullum futurum fuisse Romae
nisi publicum consilium; nunc in mille Curias Conciones
(que) cum alia in Esquiliis, alia in Aventino fiant Concilia, dispersam & dissipatam esse Rempublicam. And by this doth
Tacitus confess it was, that
Rome Conquer'd
Great Britain, Nec aliud adversus validissimas gentes pro nobis utilius, quàm quod in commune non consulunt, rarus duabus tribus
(que) Civitatibus ad propulsandum commune periculum conventus, ita dum singuli pugnant Ʋniversi vincuntur. Neither (saith he) was there any thing so profitable for us against the most valiant Nations, as that they had no Common Council; a rare matter it was amongst them to have a Convention of Two or Three Cities against the common danger; so, while they every one fought single, they are all Conquer'd: Whereas if
Great Britain had been then united under one King, and one Parliament of the whole Island, they perhaps might have as well said of his second Landing, as of his first,
‘Territa quaesitis ostendit terga
Britannis.’
So doth
Justin mention of the States of
Greece, every one of them had at last their Councils apart, and fought single, whereby, one after another, they were all overthrown. What hath United the Heptarchy of the
Saxons, and the mixture of
Danes inseparably, but the equal Mission of their Representatives to the same Parliament? and what did Unite the Noble Remainder of
Britains to
England, but the Statute of 27.
H. 8.26. Enacting,
That all Persons born in Wales
should enjoy all Liberties, Privileges and Laws, as other Subjects in England
do: and
[Page 342]should send their Knights and Burgesses to the same Parliament with them? The Glory of a King is the multitude of his People, and what more Glorious for a King, who hath the Royal
English, Scotish, Irish and
British Blood United in him, who is the Head, than to have the same United in his Parliament, who is the Body. Let it not offend, if I mention here the late Experience of Union of the Three Parliaments in one House, by the late Usurper, seeing we are commanded to learn Wisdom, though from the Serpent; and if he under so great disadvantages of Opposition, made great Benefit, the lawful Prince may make far greater thereby, and his Subjects likewise by his Favour participate of the same. I cannot deny that it was my Fortune, though I never sought it, to be chosen for a County, and to serve in that great Convention at
Westminster, Anno 1656. called then a Parliament, wherein the Parliaments of
England, Scotland and
Ireland, were Convened and United in One, with the same facility as they are Convened to sit in Three Places, and there being then a War designed against
Spain, it was wonderful to see, with what Expedition and Courage all things were moved towards the Design, and what an Endearment it was between the Three Nations to meet, be acquainted, eat, drink, and converse together, about the Common Concernments.
Having consider'd so far of the great Benefits of an Union of the Three Parliaments of the Three Kingdoms in One, it may not be amiss next to consider the Requisits necessary to perfect the same.
(1.) Whether an Union of Crowns be necessary to perfect an Union of Parliaments and Kingdoms?
It seems for the Affirmative.
(1.) Because, where the Natural Person of a King is One, if the Politick Person or Capacity is not made One, the one Politick Capacity may be divided against the other, in the same Natural Person; as on the Succession of King
James to Queen
Elizabeth, the Queen of
England had declared War against the King of
Spain, the King of
Scotland was in Peace with them; so in the diverse Rights of Two Crowns, there was War and Peace at one time between the same Persons; the like Doubts may arise, Whether the Royal Assent may pass contrary Politicks Acts and Laws in the Parliament of one Nation, to what he hath pass'd in the other, in reference to the contrary Rights of each Crown: Whereas if both are consolidated and made one, no contrariety of Acts can happen.
(2.) It is as dangerous to have Two Crowns, as Two Marble-Chairs; for they may be kept in several places, and the more easily may an Usurper happen on the possession of one of them, and the Vulgar be deluded to think Possession of those Signs of Supreme Honor, to be equal to the Right; and besides that, a Fatality will follow them.
(3.) Seeing it hath pleased God to make the Head of the Three Kingdoms One, men ought to follow his Example, and make the Crowns One.
(4.) The continuance of several Crowns is apt to continue a perpetual memory of Hostilities between the Kingdoms.
(2.) Whether an Unity of Protestant Churches is necessary, to an Union of Protestant-Kingdoms?
It seems for the Affirmative;
Because, if Protestant-Churches divide one against another, the Kingdoms will be a Prey to the Papist, and the Protestant will have none to Unite.
(3.)Whether permission of Protestants to Excommunicate Protestants, is consistent with the Unity of Protestant-Churches?
Neg.
If the Pope Excommunicate Protestants, it Unites them the firmer; but if they Excommunicate one another, they denounce War, and destroy one another with their own hands, and leave the Spoils to be divided by the Pope.
An Elegy on Protestants, in the late Civil Wars, Excommunicating Protestants.
LƲgeat in trisidis jam moesta
Britannia flammis,
Et doleat jam fulminibus percussa trisulcis,
Intonuit falsus nebulosa Tibride
Petrus,
Et Magicis stolidum perterruit Artibus Orbem.
Piscator
Twedae retonat, multis
(que) cachinnis
Rupibus ingeminans sua fulmina misit: ab Altis,
Becketi Lemures contra hunc torsere minaces,
A
Thamisi gelidas
Vulcania tela per auras.
Heu non Oceanus circum vaga Littora fusus
Nec freta compescant tantis ardoribus ignes.
Risit
Romanus Tarpeia Rupe Tyrannus,
Cum
(que) suis, inquit, sese immisere Gebennis
Pontifices
Britonum per mutua vulnera tandem
Ne sic deficerent inferno gurgite flammae,
Ipse super terram viventes igne cremabo.
Ecce jocum, mintrat mus rodens, Rana coaxat,
Et cum limosis ineunt certamina juncis;
Milvus, spem
(que) suam motis circumvolat alis,
Ipse paludosam sic vellem carpere Ranam,
Et sic ridiculum vellem discerpere Murem.
Englished.
LET
Britain mourn, who burns in triple Fires,
And struck with threefold Thunder-bolts expires,
A
Peter false from Tyber in a Cloud,
By Magick Art did Thunder it aloud.
The Fisher-man of
Tweed with many Mocks
Return'd his Thunder double from the Rocks.
Proud
Beckets Ghost 'gainst him from
Thames broke forth,
And with
Vulcanian Darts fired the
North.
What Ocean, which her wandring Shores doth drench,
Or Seas, alas! so many Flames can quench?
The
Romish Tyrant on
Tarpeia smil'd
To see the
Brittish Priests thus both beguil'd.
When they have sent each other unto Hell,
Saith he, by mutual wounds (hark what I tell)
Lest they want Fire should, in the Pit profound,
I will them both alive burn above ground.
Behold the Jest, the peeping Mouse and Frog
With Bulrush fighting are on Hill and Bog:
Like Kite, mean while, hid in a Cloudy Day
With soft mov'd Wings I'le soar about my Prey;
So I, at length, the Croaking Frog shall gull,
And Mouse ridiculous in pieces pull.
I shall proceed next to the Form and whole Nature of Excommunication, and the further manifold mischiefs it brings to all Protestant-Churches, which shews, Bishops who use it, are neither sit Judges of Marriage, nor of any thing else.
The Form of the
Jewish Excommunication.
By Decree of the Cities, and Command of the Saints, We Anathematize and Adjure, Exterminate, Excommunicate, Curse and Execrate by the Will of God, and the Church, by the Book of this Law, by the Six Hundred and Thirteen Precepts written in the same, by the
Anathema wherein
Joshua Anathematized
Jericho, by the Curse wherewith
Elisha Cursed the Children; and by the Curse wherewith he Cursed
Gehazi his Boy, and by the Excommunication wherewith
Baruch Excommunicated
Merath, and by the Excommunication which the men of the great Synagogue use, and by the Excommunication which
Rabbi Jehuda the Son of
Rabbi Jehezkiel used in this matter; and by all the
Anathemata's, Imprecations, Burnings, Excommunications and Exterminations, which have been from the time of our Master
Moses, and since by the name of
Acetheriel Jah Lord of Hosts, by the name of
Michael the Great Prince, by the name of
Mittraton, whose name is as the name of his Master; by the name
Sandalipon, who Binds the Bindings by his Lord, by the name of the name of Forty-Two Letters, by the name of him who appeared to
Moses in the Bush, by the name by which
Moses divided the Red-Sea, by the name of Four Letters, by the Writing which is Writon the Tables, by the name of the Lord of Hosts, the God of
Israel, sitting on the Cherubin, by the name of the Sphaeres and Circles, and the Holy living Creatures and Ministring Angels, by the name of all the Angels which Minister to the Supreme God, let every
Israelite and
Israelitess wittingly or willing violating any of the things denounced to be observed, be Cursed to the God of
Israel sitting on the Cherubims, let him be Accursed by the Name Glorious and Bright, which the High-Priest expresseth in the Day of Expiations; let him be Cursed by Heaven and Earth; let him be Accursed by the Omnipotent God; let him be Accursed of
Michael the Great Prince; let him be Accursed of
Mittraton, whose name is as the name of his Master; let him be Accursed as
Acetheriel Jah, Lord of Hosts; let him be Accursed of the Seraphim and the Orbes, and Holy living Creatures and Angels who Minister before the Supreme God in Holiness and Cleanness: If he was born in the Month
Nisan, which the Angel called
Ʋriel, as Prince of the Rank under which he is,
[Page 346]Governs, let him be Accursed of him and all his Rank; and if he was born in the Month
Jier, which the Angel called
Trephaniel, as Prince of the Rank under which he is, Governs, let him be Accursed of him and all his Rank; and if he is born under the Month
Sivan, &c. (this Cursing runs through every Month one after another in the same words) Then follows, Let him be Accursed of the Seven Angels set over the Seven Days of the Week, and of all their Ranks and helping Powers; let him be Accursed of the Four Angels set over the Four Quarters of the Year, and of all their Ranks and helping Powers; let him be Accursed of the Seven Palaces; let him be Accursed of the Princes of the Law, in the name of the Crown; and in the name of the Seal; let him be Accursed of the Great God, strong and bright; let their be Confusion of his Seed; let him fall with a swift Ruin; let the God, the God of the Spirits of all Flesh, destroy and cast him away; let the God, the God of the Spirits of all Flesh, subdue him; let the God, the God of the Spirits of all Flesh, overthrow him; let the God, the God of the Spirits of all Flesh, keep him down; let the Wrath of the Lord, and a violent Whirlwind fall on the head of the Wicked; let the Angel of Destruction fall upon him; let him be Accursed in all things to which he sets himself; let his Soul depart in Terror; let him die of the Quinsey; let not his Breath go out nor return, with the Consumption, Fever, Burning, Drought; let him be smitten with the Sword, with pining away, with the Jaundice, nor before his Destruction be freed from them; let his Sword enter into his heart, and let his Bow be broken; let him be as Dust before the Wind, and let the Angel of the Lord scatter him; let his way be Darkness and Slipperiness, and the Angel of the Lord persecute him; let unlooked-for Desolation come upon him, and let the Net which he hath hid take him; let them Expell him from the Light into Darkness, and from the habitual World they shall Banish him; Tribulation and Straights shall terrifie him, his Eyes shall see his own Destruction, and he shall drink the Wrath of the Almighty; let him put on Cursings as a Garment; let him devour the strength of his Skin; also God shall scatter him for ever, and shall root him out of his Tabernacle: The Lord will not rest to forgive him, but the Wrath of the Lord and his Jealousie shall smoak against that man, and all the Curses which are written in the Book of this Law shall lie upon him for Evil, out of all the Tribes of
Israel, according to all the Curses of the Covenant which are written in the Law. But you who adhere to the Lord your God, bless you this Day, he who blessed
Abraham, Isaac, Jacob, Moses and
Aaron, David and
Solomon, and the Prophets of
[Page 347]
Israel, and those who amongst the Nations are Holy, bless this Holy Congregation, and all other Holy Congregations:
Except only He who sh
[...]ll break this Curse, God of his mercy keep them and make them safe, and take them out of all trouble and misery, and Prolong their Days and their Years, and send his Blessing and a prosperous Wind to the Work of their Hands; and let Him Revenge them speedily with all other
Israelites, and so let his Will and Decree be.
Amen. Seld. de Jur. Nat. & Gent. Juxt. Discip. Ebr. lib. 4.
Cap. 7.527.
The Form of the
Greek Excommunication against Thieves.
If they Restore not to him that which is his own, and possess him peaceably of it, but suffer him to remain Injured and Damnified; Let him be Separate from the Lord God Creator, and be Accursed, and Unpardoned, and undissolvable after Death in this World, and in the other which is to come; let Wood, Stones and Iron be dissolved, but not they: May they Inherit the Leprosie of
Gehazi, and the Confusion of
Judas; may the Earth be Divided, and Devour them like
Dathan and
Abiram; may they Sigh and Tremble on Earth like
Cain, and the Wrath of God be upon their Heads and Countenances; may they see nothing of that for which they Labour, and Beg their Bread all the Days of their Lives; may their Works, Possessions, Labours, and Services be Accursed, always without Effect or Success, and blown away like Dust; may they have the Curses of the Holy and Righteous Patriarchs
Abraham, Isaac and
Jacob; of the Three Hundred and Eighteen Saints, who were the Divine Fathers of the Synod of
Nice; and of all other Holy Synods; and being without the Church of Christ, let no man administer the things of the Church, or Bless them, or give the
[...] or the Blessed Bread, or Eat or Drink, or Work with them, or Converse with them;
[...]nd after Death, let no man Bury them, in penalty of being under the same State of Excommunication, for so let them remain until they have performed what is herein Written.
The Form of the
Popes Excommunication against Queen
Elizabeth.
Pius, Bishop, Servant of Gods Servants,
&c. She (Queen
Elizabeth) hath clean put away the Sacrifice of the Mass, Prayers,
[Page 348]Fastings, choice or difference of Meats, and single Life; she possessing the Kingdom, and by Usurping the place of the Supreme Head of the Church in all
England, and the chief Authority and Jurisdiction of the same, hath again brought the said Realm into miserable Destruction. Unto her all such as are the worst of the People resort, and are by her received into safe Protection,
&c. We do declare, That the said
Elizabeth, and as many as stand on her side in the matter above-named, have incur'd the Sentence of our Curse: We also declare, That we have Deprived her from that Right she pretended to have in the Kingdom aforesaid; and also from all and every her Authority, Dignity and Privilege. We charge and forbid all and every the Nobles, and Subjects, and People, and others aforesaid, that they be not so hardy as to obey her, or her Admonitions, Commandments, or Laws, upon pain of the like Curse upon them: We pronounce, That all, whosoever by any occasion have taken their Oath unto her, are for ever discharged of such their Oath, and also from all Fealty and Service which was due to her by Reason of her Government,
&c.
All the said Forms of Excommunications Wicked and Anti-Christian.
Forms of Excommunication Wicked and Anti-Christian.As to which Forms of
Jewish, Greckish, and
Romish Excommunications, they are all Wicked, and liable to their several Exceptions. (1.) The
Jewish and
Greekish praying for Curses to Angels and Saints, fall into the Crimes of Angelolatry, Idolatry and Daemonolatry; for it is manifest, if they on malicious Prayers of men do any Malefice to any of Gods Creatures; they are Evil and not Good Angels. (2.) They ramble together a company of Angels names, not knowing whether there are any of the Names or Offices they assign them, or not, or whether they are Angels, or Daemons transformed. (3.) They pray for the Curse of
Gehazi, which was to him and his Seed; whereas God declareth he will not punish the Sins of the Parents on the Children; therefore they can pray for the Curse of
Gehazi to none but Daemons. (4.) All the three Curses, both
Jewish, Greekish and
Romish, are Anti-Christian;
No such word as Excommunication in the whole Scripture. for Christ commands to Bless, and not to Curse.
I suppose therefore none will dare to use any of these Forms in
England; nor if they are true Christians, will they dare to coin a Form of their own Heads, there being not so much as the word Excommunication used in the whole Scripture, nor Pattern or Precept of a Form
[Page 349]from Christ▪ who gave a Form of Prayer to forgive Trespassors, but none to Curse or Excommunicate them. The Form of Proce ding to Excommunication is set down by several Writers concerning our Ecclesiastical Courts, as appears in
Linwood, 500. That anciently when the King and the Sheriffs did continue Communion with the Excommunicates, or let them out of Prison,
This may as well prove
Bell Book and
Candle to be from Christ, as Excommunication. contemning all the Keys of the Church, the Bishop renewed his Sentence by the highest
Romish Ceremonies of
Bell, Book and
Candle; for so is the
Canterbury Canon,
Huic ergo morbo congruum vo
[...]entes adhibere remedium, Statuimus quod Excommunicati sic capti ac taliter excuntes de Carcere ad majorem detestationem liberatorum & liberantium publicè & solemniter pulsat
[...]s campanis & candelis accensis excommunicentur. These were the Form of Ceremonial Acts, but I find no Provincial or Common-Law-Author which sets down any Form of words to be used in Excommunication; only there is a blind old Certificate of the Arch-Bishop,
lib. Intra. 320.
The Form of the Arch-Bishop; Certificate of Excommunication. in this Form recited,
Ʋniversis & singulis Justic' Domini Regis & aliis Christi fidelibus quibuscun
(que) praesentes literas visuris & audituris salut' & fid' indubiam prosecutionis adhiberi sicut ovis morbida ab ovili penitus ejiciend' ne aliis infectiva reddatur: sic Excommunicati sunt à Communibus actibus excludend' ut ex hoc Censura Ecclesiastica magis teneantur, & Excommunicat' hujusmodi rubor' confusi ad reconciliac' gratiam citius inclinentur. Ʋniversitat' igitur vestrae notitiae deducimus per praesentes quod frat' I. Prior Priorat' de L. nostrae Dioc' propter suas manifestas & multiplicat' contumac' rebelliones & offensas non parend' certis monitionibus licitis & canonic' authoritat' nostra ordinaria sibi fact' in Mens' M. ult. praeterit' suit & est majore Excommunicationis sententia eadem nostra authoritat' ordinar' innodatus & pro sic Excommunicato publ' denunciatus, & eadem sententia excommunicatus per immodica tempora perseveraverit & perseverat animo pertinaciter indurato, Dat' sub sigillo nostro, &c. But here is nothing shews the Form of the words of Excommunication used by the Arch-Bishop.
Form of words of Excommunication, 1648.In the late times of Usurpation,
Aug. Anno 1648.
cap. 118. The new coigned Form of words of Excommunication appears to be this,
Whereas thou N.
hast been by sufficient proof convinced (here mention the Sin)
and after due Admonition and Prayer remainest obstinate, without any Evidence or Sign of true Repentance; Therefore in the name of the Lord Jesus Christ, and before this Congregation, I Pronounce and Declare Thee N.
Excommunicate, and shut out from the Communion of the Faithful.
After the Denunciation of this Sentence, the People are to be warned, that they hold him to be cast out of the Communion of the
[Page 350]Church, and to shun all Communion with him; nevertheless Excommunication dissolves not the Bonds of Civil or Natural Relations, nor exempteth from the Duties belonging to them.
If the Party after Excommunication shew Signs of Repentance, then the Form of Absolution is appointed to be this, or the like,
Whereas thou N.
hast for thy Sin been shut out from the Communion of the Faithful, and hast now manifested thy Repentance, wherein the Church resteth satisfied: In the name of Jesus Christ, before this Congregation, I Pronounce and Declare Thee Absolved from the Sentence of Excommunication formerly Denounced against Thee, and do receive Thee into the Communion of the Church, and the free Ʋse of all the Ordinances of Jesus Christ, that thou mayest be partaker of all his Benefits, to thy Eternal Salvation.
The old Episcopal Forms of Evcommunication being so gross, as if publish'd, not able to clear off the Charge of Exceptions in that furious time of Contest made against them, the Anti-Power in the Forms before mention'd, screwed their Wits to the highest, that they might so refine them, as if possible, no Exception might be took against them; for it matter'd not how the Form was, so they might obtain the effect of commanding the Temporal Sword by the
Excommunicato capiendo, and continue to possess thereby the great Power and Profits incident, which have been before mention'd, to belong to Marriage, and all other points of Ecclesiastical Jurisdiction; yet there is always such a Repugnancy in the mixture of Truth and Falsity, that never so artificially gilded over, the Flaws of the one will be visible and lie open to Exception from the Solidity of the other. Against these Forms therefore as well as the former, may be the following Exceptions taken.
1. It is excepted against the Form of Excommunication, That it is in the name of Jesus Christ, without shewing a Sign of Mission from Jesus Christ; for
Jer. 14.14. It is said,
The Prophets prophesie Lies in my Name; I sent him not, neither have I commanded them, neither spake unto them. And
Jer. 27.15.
I have not sent them, saith the Lord, yet they Prophesie a Lie in my Name, that I might drive you out, and that he might perish, ye, and the Prophets that prophesie unto you. And 29.9.
For they Prophesie falsely unto you in my Name; I have not sent them saith the Lord. So may a Priest of
Baal, or a Papist Priest say, he Excommunicates in the name of the Lord, or in the name of Jesus. Christ, as well as a Presbyter, if he be not put to his Sign of Mission.
2. Here is a Civil or Temporal punishment of Excommunication or Banishment from Society, Sentenced or adjudged by this Form, without a Commission shewn from the Magistrate or Tempor
[...]ver;
[Page 351]which if suffer'd, that any without Commission should be a Judg, then every man would Judg in his own Case; which would be a confusion of all Government.
3. This Form Excommunicates from Communion with the Faithful, and declares not who are the Faithful, or how they may be known.
4. This Form Excommunicates from the Church, but doth not say whether a Particular Church or the Catholick Church, or a National, or a Parochial Church, or Congregational Church; and being only Formed to be Pronounced by the Rector of a Parochial or Congregational Church, it is as improper to extend his Spiritual Jurisdiction to a National Church, as the Temporal Authority of a Petty Constable to a Kingdom.
The Form Excluding from Communion, declares not whether from Spiritual or Temporal Communion, or both; if Spiritual, it declares not whether from the Word Preached, or Prayer, or Sacrament; if from either, or all, the Interdiction of a Carnal man from Spiritual Communion is no Punishment, but he will rather rejoice in it than Repent, and had rather take the pleasures of Earth than of Heaven; if it intend from Temporal Communion, then the Spiritual Person exceeds his Bounds to Judg of things Temporal; and besides, the Comment destroys the Teut; for it declares, That Excommunication dissolves not the Bonds of Civil or Natural Relations: Now all Temporal things are under Bonds of Civil or Natural Relations, therefore it cannot intend Excluding from Communion in Temporal Things; but indeed it is such a Linsie-Woolsie of Spiritual and Temporal, that neither it self nor any other knows what it intends; and such an
Amphibion of Flesh and Spirit, none knows in what Element to place it.
6.
Excommunication a word insensible.Excluding from Communion, or Excommunication, is a word insensible; the old
Pagans Interdiction from Fire and Water, the
Druydes Interdiction from the Sacrifices, the great and lesser Curse of the
Jews, the Pharisees casting out of the Synagogue, the delivery by
Paul to Satan, were all Words Sensible and Intelligible; but Excommunication is a Word without Sense, Signification or Intelligence; no Wonder therefore if there is not such a word in the whole Scripture, not that men could never draw the Form of a
Chimaera without incongruity, which hath no Being in Nature, but in the vertiginous Notions of a Phrenzy.
7. The same Ordinance of the long Parliament, in the Prayer appointed to be used with this Form of Excommunication, calls it the Ordinance of God; which is the same which is before-mention'd,
[Page 352]
Jerem. 14.14.
The Prophets prophesie Lies in my Name, I sent them not, neither have I commanded them, neither spake I unto them. How can that be an Ordinance of God or Christ, which they never so much as spake, nor is the word to be found in the whole Scripture?
8. This Form brings in Popish Confession of Sins to the Priest, and Penance, and Commutation-Money, and Punishment of one Sin Twice, first by the Magistrate, and then by the Priest.
- (1.)
Of the Effects of Excommunication of the Greek
Bishops, either by Witchcraft or Cheat, on the Bodies of the Excommunicated; and of the Apples, Grapes and Nuts found in their Graves after Burial.
- (2.)
Of the Ghosts called Catechanae,
returning into their Bodies after Death, in manner as into the Excommunicated.
- (3.)
Of Excommunication of Locusts, Flyes, Fishes and Dead Bodies.
- (4.)
The Effects of Excommunication on the Soul ought to be contemned by all who fear God more than the Devil.
- (5.)
Of Excommunication of the Devil.
Mr.
Ricant, amongst many other his rare Observations, Relates,
page 277. That the
Greek Christians believe, If any Person die Excommunicate by the Bishop, and not Absolved, some Evil Spirit enters into the Body in the Grave, which Actuates and preserves him from Corruption, in the same manner as the Soul informs and animates a living Body; and that they feed in the Night, walk, digest, and are nourished, and have been found Ruddy in complexion, and their Veins after Forty days Burial, extended with Blood, and when open'd with a Launcet, have yeilded Blood as plentiful, fresh and quick, as that which issues from young and Sanguine Persons; And it was informed him by a
Candiot Caloire call'd
Sophronio, a Preacher in
Smyrna of great Repute and Learning, That a certain Person for some Misdemeanours committed in the
Morea, fled to the Isle of
Milo, and being Excommunicated died: In the mean time the Relations of the Deceased were much afflicted and Anxious for the sad Estate of their Dear Friend, whilst the Peasants and Islanders were every Night affrighted and disturbed with strange and unusual Apparitions, which
[Page 353]they immediately concluded arose from the Grave of the accursed Excommunicate; which according to their Custom they immediately open'd, and therein found the Body uncorrupted, Ruddy, and the Veins replete with Blood, the Costin was furnished with Grapes, Apple, and Nuts, and such Fruit as the Season afforded: whereupon Consultation being made, the
Caloires Resolved to make Use of the common Remedy in those Cases, which was, to Cut and Dismember the Body into several Parts, and to boil it in Wine, as the approved means to dislodg the Evil Spirit, and dispose the Body to a dissolution. But the Friends of the Deceased being willing and desirous that the Corps should rest in Peace, and some ease given to the Departed Soul, obtained a Reprieve from the Clergy, and hopes that for a Sum of Money (they being Persons of a competent Estate) a Release might be purchased of this Excommunication under the hand of the Patriarch; in this manner the Corps were for a while freed from dissection, and Letters thereupon sent to
Constantinople, with this Direction, That in case the Patriarch should condescend to take off the Excommunication, that the Day, Hour and Minute that he Signed the Pardon, should be inserted in the Date. And now the Corps were taken into the Church (the Countrey People not being willing they should remain the Field) and Prayers and Masses daily said for its Dissolution, and Pardon of the Offender; when one Day, after many Prayers, Supplications and Offerings, (as this
Saphronio attested with many Protestations) and whilst he himself was performing Divine Service, on a sudden was heard a rumbling noise in the Cossin of the Dead Party, to the Fear and Astonishment of all Persons there present; which when they had open'd, they found the Body Consumed and Dissolved as far into its first Principles of Earth, as if it had been Seven Years Buried: the Hour and Minute of this Dissolution was immediately Noted, and precisely Observed, which being compared with the Date of the Patriarch's Release, when it was Signed at
Constantinople, it was found exactly to agree with the Moment in which the Body returned to its Ashes. And he after saith, Such is the much-tobe-Lamented Poverty of the
Greek Church, that they are not only forced to sell Excommunications, but the very Sacraments; and to expose the most Reverend and Mysterious Offices of Religion unto Sale for the maintenance and Support of the Priest-hood. The same Author writing concerning the
Armenian Church,
page 439. saith, That Excommunication is as frequent amongst them as the
Greeks, by the Abuse of which, the Priest procures the most considerable part of their Gains; nor is any Ecclesiastical Right performed, nor a Benefice
[Page 354]confer'd without Money. And,
p. 439. he saith, That amongst the
Armenians, the Penance on which Excommunication or Absolution is to follow, being once imposed by the Priest, no man can Remit, no not the Bishop or Patriarch himself.
(1.) Hence is to be Observed, That the only Final Causes why the
Greek, Armenian, Romish and
British Popes agree to Exercise Excommunication, Penance and Absolution, and to set Heaven and Hell to Sale for Commutation-Money, are only Covetousness and Ambition; and thereby to Lord it more imperiously over the Consciences, Lives, Liberties and Propriety of their Superstitious Adorers, than any Temporal Emperor is able to do over his Vassals.
(2.) That 'tis the Prelate only pockets all the Money in the
Greek, Romish, Ethiopian, Muscovitish, Russe and
British Churches, and starves the inferior Clergy, and the Parochial Priest in the
Arminian; and that the Penance and Excommunication of the Parochial Priests must probably be heavier, and his Absolution sold dearer than the Pope's or Prelat's; because the remoteness of the one, and the greatness of his Territory, and that he must thereby leave all to Under-Officers, and cannot Act in Person, cause his Inquisitions not to be so strict, but multitudes will find easie Evasions from them; whereas the Parochial Priest having the narrow Bounds of his Parish always under his Eye, and within his reach, will not only swallow every Camel, but strain at every Gnat which comes within his verge, for the advantage of his Petty Dominion and Gains.
(3.) That the
Greek Popes are notwithstanding but Poor, and the
Romish Rich, because the Grand
Seignior being not Superstitious, nor his Empresses, nor fearing such counterfeit Fulminations as Excommunications, and his
Mufti's or Arch-Bishops being only
Durante Beneplacito, and his Parish-Priests Elected by the People without Consecration or Ordination, and Independent one of another; neither the
Greek Popes, Patriarchs, Bishops nor Priests, nor his-own, dare Excommunicate him; whereas the Christian, both
Eastern and
Western Emperors, their Empresses, Children and People, having been permitted to be perpetually Educated by the Popes in Blindness and Superstition, he hath them, upon the matter, in the condition of
Sampson and
Polyphemus, with their Eyes pull'd out, and makes them grind for him as he pleases, or with his Ecommunications sends them packing (as they in their Ignorance think) to Hell or Purgatory, which makes most for his Gains and Profit, whereby he hath accumulated infinite Riches.
(4.) The Effects of Excommunication on the Bodies of Dead men, is either Witchcraft, or a Cheat; Witchcraft is possible to be sometimes,
[Page 355]not always, as may easily be proved from the Raising of
Samuel by the Witch of
Endor, and an Hundred Histories more related by Authors of unquestionable Credit. And as the Devil may sometimes be permitted to abuse the Bodies of the best men when Living, as he did
Job's, and, what is the highest Example, Christ himself, carrying him to the Pinacle of the Temple; so he may when they are Dead. I shall Instance one only Example further in the Primitive times, mention'd by
Cornelius Agrippa de occult. Philos. lib. 3.
cap. 41. where he Relates out of the
Cretensian History, That certain Ghosts, which they call'd
Catechanae, were wont to return back to their Bodies and go into their Wives and lie with them; for the Avoiding of which, and that they might not annoy their Wives any more, it was provided by their Common Law, That the Hearts of them who did Arise, should be thrust through with an Awle, and their whole Carcasses be burnt to Ashes. These without Doubt are wonderful things, and scarce credible; did not those Laws themselves, and ancient Histories witness them. The frequent practice likewise of
Necromancers, by their wicked Art to call the Devil into a Dead Body, and take Responses from him, confirm what hath been said. And it may be likewise a Cheat; for it may be easie for the Priests to put Apples, Grapes and Nuts in a Coffin, and by Night to make fearful Noises, Shrieks, Groans, and Counterfeit Apparitions about Graves and Tombs; whence the horror of the very place, and darkness, make such impressions on timorous Fancies, as they shall not dare to approach, much less examine the matter, and take out the new Body out of the Coffin, and put in one had been Buried Seven Years, and then a Vault made of purpose to make a noise under ground in the Church, and
Sofronio know nothing of all this.
(5.) But whether it were Witchcraft or Cheat, it is most horrible wickedness to make Use of either, under pretence of Church-Discipline, or the Worship of God, seeing they both come from the Devil.
Alvarez, a
Portugal Priest, Relates of himself, That at the Town of
Barva in
Ethiopia, there appeared a Terrible Cloud of an infinite number of Locusts, which at length fell and Devoured the Countrey; and that he and another
Portuguez Priest took a Consecrated Stone, and the Cross, and sung the Letany, and in this manner went in Procession through the Corn-Fields for the space of a Mile unto a little Hill, and there he caused them to take a quantity of the Locusts, and made of them a Conjuration, which he carried with him in writing, which he had made the Night before; Requiring them, Charging them, and
[Page 356]Excommunicating them, Willing them within Three Hours space to begin to depart towards the Sea, or towards the Land of
Morez, or towards the Desart Mountains, and to let the Christians alone; and if they obey'd him not, he called and adjured the Fowls of the Air, the Beasts of the Field, and all the Tempests to scatter, destroy and consume their Bodies: And for this purpose he took the quantity of Locusts and made this Admonition to them that were present, in the name of themselves, and those which were absent, and so let them go, and gave them liberty. The Locusts began forthwith to depart, and in the mean while a mighty Tempest and Thunder arose toward the Sea, which drowned all the Locusts in the River, and the dead Locusts remained in heaps two Fathom high on the Banks; so by the Morning there was not one Locust left alive. This Excommunication, if true, were Conjuring and Witchcraft.
Flies Excomunicated.
Peter de Nathal, in vita Bernhardi Relates, That St.
Bernhard denounced the Sentence of Excommunication against Flies; Whether this may be call'd Witchcraft, or a Silly Prank of St.
Simplicius, I cannot say; but if he could Excommunicate Flies without a Magical
Telesme or Inchantment,
Fishes Excommunicated. he shall be the Domitian of Divinity.
Mere. Gallo. lib. 6.
p. 592. saith, That
Anno Domini 1593. The Bishop of
Conagtion very malitiously Excommunicated the Innocent Fishes.
Theodosius a Bishop of
Alexandria,
Dead Excommunicated. Excommunicated
Origen Two Hundred Years after his Death; if he is censur'd only for a Cheat, 'tis less than so wicked a practice deserves. Now though God may permit wicked men to Excommunicate, and
Daemons, Witches, wild Beasts and Tyrants, to abuse the Bodies of the best men after they are dead, they have no Power to touch the Soul. And we ought not to fear, but contemn their Excommunication; for so saith Christ,
Matth. 10.28.
Fear not them that can kill the Body, but are not able to kill the Soul; but rather fear Him which is able to destroy both Soul and Body in Hell.
Excommunication of the Devil.
Devils Excommunicated.
Mengus de Flagell. Daemon. Describes part of the Form of the
Romish Exorcism to be,
I Command you Oh Davils (who are come to the help of those that vex this Creature of God N.)
upon pain of Excommunication and Immersion into the Lake of Fire and Brimstone for a Thousand Years, that ye yield no Aid and Assistance to these Devils. It seems the Devil is of the Society of these
Romish Priests; otherwise he could not be Excommunicated.
To grant a Bishop Power of Excommunication, is to grant him the Legislative, Judicial and Executive Power.
Excommunication gives the Pope the Legislative Power over all Nations; for by this he made his Canon-Law, whensoever he pleased, to be observed through Christendom, by no other Obligation, than his Command they should be observed on pain of Excommunication. By granting the Power of Excommunication, the Legislative Power is granted; and the Clergy in Convocation used anciently, without asking the Royal Assent, to make Canons touching matters of Religion, to bind not only themselves, but all the Laity, without Assent of the Lords and Commons in Parliament. It was used in ancient time for Creditors, besides other Security, to procure Debtors to Swear they would pay them, and thereupon there being then no Arrest in the Temporal Courts for Debt, they Sued them in the Spiritual Courts on their Oaths; and they granted an
Excommunicato Capiendo to Arrest them without Bail; which were so frequent, that
E. 1. could not keep his Servants free from Arrest in his Court, till, to prevent it, he caused a Writ
De Promulgantibus Sententiam Excommunicationis Capiendis & Imprisonendis, Commanding to Imprison such as Excommunicated any of them,
Rot. Parl. 25.
E. 1.
Intus. Henry the Second, according to
Hovedon, would, That all such of the Clergy as were Deprehended in any Robbery, Murder, Felony, Burning of Houses, and the like, should be Tried and Adjudged in the Temporal Courts as Lay-men were. But
Becket Arch-Bishop of
Canterbury, stood proudly on the Pontificial Prerogative of the Clergy, That no Clergy-man ought to be Tried, but in their own Spiritual Courts, and by men of their own Coat: And if they were Convicted before them, they ought only to be deprived of their Office; but if they after offended, they should be Judged in the Kings Courts: This Power of Judgment he drew to his own Court, only by his Power of Excommunication.
A Copy of a Prohibition of Excommunication.A true translated Copy of a Writ of Prohibition, granted by the Lord Chief Justice, and other the Judges of the
Common-Pleas, in
Easter-Term, 1676. against the Bishop of
Chichester, who had proceeded against, and Excommunicated one
Thomas Watersfield, a Church-Warden, for Refusing to take the Oath usually tendred to Persons in such Office, to Present such who absent from Church; by which Writ the Illegality of all such Oaths is Declared, and the said Bishop Commanded to Release and take off his said Excommunication,
&c.
CHarles the Second, by the Grace of God, King of
England, Scotland, France, and
Ireland, Defender of the Faith,
&c. To the Reverend Father in Christ, Ralph,
by Divine Providence Lord Bishop of Chichester,
or any other competent Judg in his behalf whatsoever, Greeting; We are informed in our Court before our Justices at
Westminster, on the behalf of
Thomas Watersfield, That whereas by the Laws of this our Realm of
England, no Person ought to be Cited to appear in any Court Christian before any Judg Spiritual, to 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 af
[...]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
[Page 359]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 mention
[...]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 th
[...]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
[Page 360]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 requir
[...]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
[Page 361]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 nane against quhome the Process beis led be received in the Kings Castle or Place, or in his Presence, nor admitted to Councel or Parliament, heard nor answer'd in the Law of Judgment of Fee and Heritage, or uther Causes; bot ever Eschewed as Cursed, unto the time the said Persons cum to amendis, and assyith the Party, and obteine Absolution in Form of Law. And
Jac. 6.
p. 3.
cap. 53. in the Kings Minority an Act was got by the Kirk, 'That all Excommunicate Persons not Conforming 'in Forty Days, should be denounced Rebels, and put to the Horn. The
English Commissioners in the said late time of the Troubles had Instructions to take from the then Kirk, such Letters of Horning, and not to assist any Excommunication with the Temporal Sword; which we performed accordingly. The King of
Spain joined with
Tyrone and the Rebels in
Ireland, against Queen
Elizabeth. And
Don John de Aquila, Landing in
Ireland with 4000
Spaniards, intitled himself Master-General, and Captain of the Catholick King, in the Wars of God, for holding and keeping the Faith in
Ireland, only on pretence of Excommunication.
Sextus Quintus the Pope of
Rome, on the Invasion prepared by
Spain against
England, Anno 1588. sent out his
Crusado, as if against the
Turks, and having pass'd Sentence of Excommunication and Deprivation by his
Bulls against Queen
Elizabeth, promising Pardon of Sins, Heaven, and Eternal Life to all who di'd in the Invasion.
- (1.)
To grant a Pope or a Bishop Power to Excommunicate Protestant-Subjects, is to grant him Power to Excommunicate Protestant-Kings.
-
[Page 362](2.)
To grant him Power to Excommunicate Protestant-Kings, is to grant him Power to Levy Money, Raise Soldiers, Denounce War, and Depose them.
- (3.)
Of the Dilemma
of Danger threatning Princes who seek Security of Goverement from the Excommunication of Popes, or Bishops, either over a People Religious, or Superstitious.
- (4.)
Of the Impossibility of Security for Princes, unless their Subjects are Educated or Instructed to be free from the Superstition of Excommunication, and to contemn it.
- (5.)
Of the Impossibility of obliging Popes or Bishops, either by Benefits or Oaths.
Excommunication is, as Proscription, made a pretetence of Confiscation without shewing cause. The
Romans, saith
Aman. Marcellus, proscribed
Ptolomy the then King of
Cyprus being their Confederate, for no fault, only they wanted Money in the Treasury; who therefore poison'd himself, and the Isle became Tributary to the
Romans: In the like manner do Popes and Bishop; fall on the Richest with their Excommunication, to fill their empty Purses.
Pope
Gregory the Tenth, Commanded
Percham Arch-Bishop of
Canterbury to pay him Four Thousand Marks within Four Months, on pain of Excommunication. So Excommunication is a ready way to Levy Money for War.
Anno 1230. The Pope having Excommunicated the Emperor, the Emperor was fain to pay for his Absolution an Hundred and Twenty Thousand Ounces of Gold,
Plat. Nam. Anno 1231. The Emperor for memory of this hard Penny-worth for his Absolution, put into a Pool at
Helbrand, divers Pikes and other Fishes with Brass Rings, having Inscriptions of his name, and the Year of the Lord; one of the Fishes was taken up 267. Years after,
Ann. Suev. Calv. Henry the Second, after that Traitor
Beckett, the then Arch-Bishop of
Canterbury, had been Slain, though not by the Kings Command, was enjoined amongst other things this Slavish Penance: He walked Three Miles bare-foot on the sharp Stones, that he at length had so cut his Feet, they marked the ground with Blood every step he went. And after this, which was worse than Running the Gantilope, he Received of the Priests, Monks, Bishops and Abbots, on his naked Flesh so many Jerks with Rods (Oh brave Pedants and Pontifical Government
[Page 363]for Princes!) as according to
Baronius amounted to at least Fourscore Lashes, which doubtless was the Number the
Jew administred to the vilest Rogues, lest their Brothers should be despised in their Eyes, and not heard to have been Exercised in their Eyes, and not heard to have been Exercised on the Priests, Bishops and Abbots themselves; though they kill'd and murder'd many Lay-men without Law or Justice, they incur'd only a deprivation; and instead of Hanging, which they deserved sometimes, no more than a suspension Temporary
ab Officio.
In the time of King
John, Anno 1211. The Pope Excommunicated him, and gave the Kingdom of
England to the King of
France. Paris Wend. The Pope Excommunicated
Henry the Eighth, and gave the Kingdom
Primo Occupanti. Queen
Elizabeth was Excommunicated by Three Popes,
Pius Quintus, Gregory the Thirteenth, and
Sextus Quintus. Anno 1308. The Pope Excommunicateth
Andronicus, Emperor of the
East, and setteth up the King of
Russia against him,
Bzou. So he dealt alike with the
East and
Western Emperors. Excommunications have brought the
Venetians to extreme Straights formerly, therefore they are yet no Friends of it.
Dandalus, Duke of
Venice, was compell'd by Pope
Clement the Fifth to Crouch under the Table Chain'd like a Dog, before he could obtain Peace for the
Venetians. The Pope Excommunicated
John King of
Navar, and Granted his Kingdom to the
Spaniards. Nicephorus Phocas, Emperor of the
East, was Excommunicated by
Polyeuchus then Patriarch of
Constantinople, because he had been God-father to a Child of
Theophania, Wife to his Predecessor, and after his Predecessor's Death Married her. Pope
Zachary deposed
Chilperick the
French King, and gave the Crown of
France to
Pepin. The two
French Kings,
H. 3. and
H. 4. who were Assassinated, had great Guards, whereby it appears, though Princes may secure themselves in Vaults and Caves from Thunderbolts, yet can they not against the Bishops of
Romes Ignis Fatuus of Excommunication; but that to Assault them,
Per medios ire Satellites
Et perrumpere amat saxa potentius
Ictu fulmineo,
Eight Emperors were Excommunicated by Popes, who were these:
Frederick the First,
Frederick the Second;
Philip Conrad; Otho the Fourth;
Lewes of
Bavaria; Henry the Fourth; and
Henry the Fifth, The Emperor
Henry the Fourth Fought in Threescore and Two several Battles, and had for the most part Victory; he was Excommunicated
[Page 364]by the Pope, and to obtain his Absolution, came Three Days together bare-foot to the Gates of the City
Canusium, where the Pope then was, and with much difficulty obtain'd it. The Catholick Majesties of
Spain cannot secure themselves from Excommunication, without Money; nor their great Vice-Roys in
America; for a Rebellion was Raised in
Mexico, by the Arch-Bishop there Excommunicating the Governors; the People by Superstitious Episcopal Education, made more afraid of the Counterfeit Power of the Keys, than of the true Power of the Sword, and will side in Rebellion with the Bishop, against the Secular Governor: men may talk therefore and believe what they please, that the Supremacy of the Temporal Sword is Consistent with the Spiritual of Excommunication; but when it comes to Trial amongst a Superstitious People, they will be very much deceived, and perhaps Ruin'd.
Bzovius de Pont. Roman. 611, 612. to maintain the Power, That the Popes may depose Kings, Recites a Catalogue of above Thirty Kings and Princes deposed by them; all which, pretended Power of Excommunication; and if Bishops are granted the same Power of Excommunication which Popes have, what hinders, but that
British Popes and
British Bishops are thereby granted, when they dare, and have opportunity to Excommunicate and Depose Kings, as well as the
Romish Popes and Bishops, who are as quiet as the
British, till they have opportunity, and dare shew their Teeth?
Pagan Priests claim Supremacy in Judgment above Kings.This was commonly practised by the
Pagan Priests, whom the Pope and Bishops follow, to claim Supremacy in Judgment
Jure Divine over their Kings; to which purpose
Tacitus speaks,
lib. 4.
cap. 2. That the Priests amongst the
Germans took on them the Power of Judicature, not by Commission from the Prince, but by Command pretended from God, whom they account to be then in presence, and to be assisting in their Fights; which Power claimed by those ancient
Pagan German Priests, is no other than the Jurisdiction at this day claimed by the later
German Arch-Bishops and Bishops over their Emperors. The like Power long before them was claimed by the old
Aegyptian Priests over their Kings, whom they thereby divers times Sentenced, and put to Death.
How vain the hopes are of obliging Bishops, either by their Duty of Allegiance to their Native King, or by Benefits or Oaths, it appears by the Examples following.
Bishops not to be obliged by Benefits or Oaths.When
William the Conqueror came in, he took this Kingdom from the Gift of the Pope, and promised in consideration thereof, to hold it Feudatory of him, and thereupon coming hither with a
Bull and an
Hayne of St.
Peter, and other
Romish Trinkets the Bishops, who were then more Potent than the Temporal Barons, forsook
Edgar Atheling their Native Prince and the unquestionable Lawful Successor, and betrai'd the Land to a Foreigner, though he after served them in their kind, and left not a man of them to sit in their Sees.
Henry the First, after the Death of his Queen
Matilda, Married
Adeliza the Daughter of
Godfry Duke of
Lorrain; when she was to be Crowned,
Ralph Arch-Bishop of
Canterbury who was appointed to Crown her, first came to King
Henry sitting Crowned in his Chair of State, asking him,
Who had set the Crown on his head? The King Answer'd,
He had now forgotten, 'twas so long since. Well, said the Arch-Bishop,
whosoever did it, he did me wrong to whom it belonged; and as long as you had it thus, I will do no Office at this Coronation. Then, said the King,
do what you think good. Whereupon the Arch-Bishop took off the Crown from the Kings Head, and after, at the People's intreaty, set it on again; and so proceeded to Crown the Queen. It was a sufficient favour that the King appointed him to Crown his Queen, and whosoever Crowned himself, it was fit the King should have his own choice, if done by a Bishop, who should do it: But the Arch-Bishop will have the Power of a Pope or none; to put on and take off the Crown from a King at his pleasure; so that unless well paid, if he please, the King shall not be Crown'd. And all this Imperious Pride p
[...]oceeds from his Imaginary Power of Excommunication, and the Profuse Bounty of Kings towards Bishops; which doth not oblige, but disoblige, and cause them to despise their Benefactors, who have Raised them to Revenues equal, or Superior to their own
[...]: Of which a notable Example appears in
Hubert, another Arch-Bishop of
Canterbury, Anno Domini 1021. The Feast of the Nativity approaching, King
John and his Queen appointed to keep that Festival with great Magnificence at
Guilford; Hubert Arch-Bishop of
Canterbury being in disfavour of the King, to shew how little he regarded it, and to put an Affront on him, Published he would keep a
Ch
[...]istmas of as great Magnificence as the King; and accordingly
[Page 366]performed it in his own Palace, with that Splendor and Multitude of Attendants, Richness of Banquets, Pageantry, Costly Attires and Gifts at
Canterbury, as the King could not exceed him at
Guilford. Matth. Par. in Antiq. Eccl Angl. in vita Huberti. Which very much Incensed the King to see himself purposely outbraved by a Priest.
Anno 1473.
Edward the Fourth Seised on the Mitre of
George Nevil Arch-Bishop of
York, which was so Rich with Gold and Pretious Stones, that the King of the same made himself a Crown; and likewise he Seised on Twenty Thousand
[...]ounds-worth more of his Money and Goods: A vast Sum in those Days,
Ant. Brit. Anno 1421. The King wanting Money for the
French Wars, pawned the Crown to the Bishop of
Winchester for Twenty Thousand Pounds,
Ant. Brit. So we see the Bishops Head is as Richly Crowned as the Kings; and when a Bishop grows so Rich a Broker besides, as to take Crowns to pawn, it may be then said in no Disloyal sence,
The Mitre is above the Crown; for the Borrower is a Servant to the Lender. Which Excess of Riches, Insatiable Covetousness, High Titles, Precedency of the Temporal Barons, and (till the same was alter'd by Act of Parliament) Precedency of the Arch-Bishop of
Canterb
[...]ry, of the Kings Brothers themselves, Elevates Prelacy to so great a height of intolerable Pride, and makes them so much over-value their own Merits, as 'tis impossible to oblige them by Benefits.
Bishops perfidious to the
English Kings.
Henry the Second Raised
Becket from nothing, to be Chancellor of
England, and after to be Arch-Bishop of
Canterbury, and to have the Education of his Son; yet as soon as he saw himself invested with the Power of Excommunication, he moved all the other Bishops, being under the Oath of Canonical Obedience, to him; and Threatned the King, that His Sword strook only with Temporal Death; but that of Bishops strook the Soul with Eternal Death to Hell. The difference between the King and the Bishop; was, the King would have it Ordained, That the Clergy-men who were Malefactors, should be Tri'd before the Secular Magistrate, as Lay-men were; this
Becket Proudly opposed, and said it was against the Privileges of the Church, and therefore against the Honor of God; and very high and hot the Contentions were about it, till at last
Becket condescended to assent to the Ordinance
Salvo Jure Suo; the King liked not the Clause, as being delusive of the Ordinance; at last with much ado the Arch-Bishop yields to this also, and set his hand to the Ordinance, and takes his Oath to observe it: But going homewards, his Cross bearer and some other about him, blamed him for what he had done; whereupon the next day, when they met again, he openly Repented his former Deed, Retracts his Subscription, and
[Page 367]openly sent to the Pope for an Absolution of his Oath. Which the Pope not only granted, but incouraged him to persist in the Course he had begun. The King seeing his Perjury, and that there was no prevailing by fair means, Seises on his Temporalities, and withal Threatens a Proceeding against his Person.
Becket thereupon flies the Realm, and appeals to the Pope, and procures an Excommunication from the Pope, of such Bishops as kept not their Oath of Canonical Obedience to him, who was their Arch-Bishop. The King of
France Intercedes for
Becket; and the Pope Threatned Excommunication against the King himself, if he Restored him not. The King out of a Superstitious Fear of his Excommunication (as appears by his Receiving afterward the Servile Penance imposed on him for
Becket's death) Restores
Becket again to his See of
Canterbury; whither again arrived, he continued, notwithstanding the favour of the Kings: Restauration, as bad as before; in Prosecuting his Excommunications he had got at
Rome against such Bishops as sided with the King; of which when the Excommunicated Bishops complained to the King, and moved thereby his Passion, He cried out,
Shall I never be quiet for this Priest? if I had any about me that lov'd me, they would find some way or other to Rid me of this trouble. Whereupon Four Knights standing by, took their Journey to find the Arch-Bishop; whom they found at Church on the steps; where they strook him on the Head with their Swords, and killed him; which though, in the manner of doing, it was no way Justifiable, being without lawful Hearing and Trial: Yet 'tis very manifest, that the Arch-Bishop by the Common Law it self, without the trouble of an Attainder by Parliament, might have been proceeded against Legally by Indictment of High-Treason: and he was manifestly Guilty; for it was, by the Common Law, High-Treason to appeal to a Foreign Prince. And likewise, for any Subject to bring an Excommunication from
Rome against another Subject, without the Kings Assent, was Treason: for this was the ready way to give the Pope Power to Raise Rebellions against the King when he pleased.
Bishops Traitors to King
John. The Bishops in the time of King
John Conspired with the Pope and the
French, and the Temporal Barons, and the Pope laid an Interdiction or Excommunication on the Kingdom for Six Years, Three Months, and Fourteen Days; during which, the Church Doors were shut up, and there was neither Exercise of Religion, Mass, Marriage, Baptism or Burial, allowed in the Church or Church-Yard, 'till the King would Surrender his Crown, and take the Kingdom from the Pope, and hold it Feudatory from him; which the King was, by the Treachery of his Bishops deserting him, compell'd to do; and accordingly
[Page 368]he took off the Crown from his Head, and laid it at the Feet of
Pandulphus the Popes Legate, the Pope to dispose of it how he pleased; which he kept Three or Four Days from him, and would not Restore again, but on condition agreed, That he and his Successors should hold it of the Pope, and pay him for it the Yearly Tribute of a Thousand Marks, which was a great Sum in those days, besides all the other Tributes and Exactions which the Pope then had from the Subjects: but this the King was fain to do, before the Excommunication would be taken off from him and his Kingdom; which being done, and be perceiving himself clear from the Pope, Resolved to Raise an Army and be Revenged on the
French King, whose Pensions had set all this on work against him; and accordingly had Levied a very great Army, having his Fleet all ready at
Portsmouth to have Shipt them. The Arch-Bishop of
Canterbury thereupon told him, He broke his Oath to the Pope at his Absolution, if he Warr'd against the
French King; which in truth the Bishops had themselves by their Treason compell'd Him to. To whom the King Replied in a great Passion. That he would not defer the Business for his pleasure, seeing Lay-Judgment belonged not to him. The Arch-Bishop Threatned his Native Sovereign he would Excommunicate him, unless he desisted; and this was in behalf of a Foreign Prince his Enemy: So far could
French Pensions prevail with Prelats; whereby the King to his great loss was enforced to Dissolve and Disband again his Army, in the nick of Time when it was ready for Action.
Henry the Third, the Tempest of the Barons-Wars beginning to Threaten him, was asked by
Robert Bacon, a Frier Predicant, What Sea-men feared most, that they knew best themselves? The Frier Replied,
My Lard, I will tell you, It is Petrae & Rupes,
alluding to Petrus de Rupibus, The name of the then Bishop of
Winchester, and under him meaning the whole Body of the Bishops.
Edward the First, that wise and valiant Prince, disdaining to be Priest-Ridden, as his two Predecessors had been, to so great danger of their Persons and Kingdoms; and taught by their Experience, that it was in vain to think of obliging by Benefits or Oath the Power of those who being a Body United, and as it were an Army more firmly Banded under their Arch-Bishop, than 'twas possible to make the Lay-Nobility to be under their King, he began first to Lop off from their Ecclesiastical Auxiliaries, such Branches of Royal Power as he could do himself without a Parliament; and
Anno Reg. 6. Deprived many famous Monasteries of
England of their Privileges, and took from the Abbot and Covent of
Westminster the Return of Writs, granted them
[Page 369]by the Charter of
Henry the third. And after he got to be Inacted by Parliament the Statute of
Mortmaine against the so enormous Increase of their Temporal Possessions, which was so detrimental to the Military Service of the Kingdom: and in the Statute of
Westminster 2. defalked the Jurisdiction of Bishops and Ecclesiastical Judges: He left not here; but growing more upon them, he Required the Moiety of all their Goods, as well Spiritual as Temporal, for one year (and I think their money and moveables could grow no more the next year which he took in one year) And at the first one Sr.
John Knight, stands up amongst them in their assembly, and said,
Reverend Fathers, if any here will Contradict the King's Demand in this Business, let him stand out in the midest of this Assembly, that his person may be known and seen as one Guilty of the Breach of the King's Peace. At which speech they all sate mute, and though it put them into Extreme grief and perplexity, they yet were fain to yield to his demand.
Dan. Hist. Which if he had been possessed with a dastardly fear of Excommunication, he had no more dared to do, than his Predecessors. Yet some say, to be able to deal with his own Bishops, he was fain to send the Pope a Furnish of gold for his Chamber to have his Connivence.
Edward the second
Anno Regni 17 after the Overthrow he Received by the Treachery of his own in
Scotland,
Bishops Traitors to
E. 2. Caused the Bishop of
Hereford to be Arrested and Accused of High treason, for aiding the Kings Enemies in their Late Rebellion: but he Refused to Answer (being a Consecrated Bishop) without leave of the Arch-Bishop of
Canterbury, whose Suffragan he was, and who, he said, was his direct Judge next the Pope, and without Consent of his fellow-Bishops, who then all arose and humbly desired the Kings Clemency in his behalf; but finding him Resolute, they took away their fellow-Bishop from the Bar, and delivered him to the Custody of the Arch-Bishop of
Canterbury till some other time the King should appoint for his answer to what he was charged withal. Shortly after he was again taken and Converted as before; which the Clergy understanding,
The Bishops rescue a Traitor-Bishop from the Bar of Justice. the Arch-Bishop of
Canterbury, York, and
Dublin, and Ten other Bishops, all with their Crosses erected, went to the place of Judgment, and again took him away with them, Charging all men on pain of Excommunication to forbear to lay violent hands on him: with which audacious Act the King was much displeased, and presently Commanded inquiry to be made
Ex officio Judicis Concerning those objections against the Bishop, whereto he Refused to appear and answer; and he being found Guilty of the same, Judgment was passed against him as Contumaciously absent, and thereupon all his Goods and Possessions were seised into
[Page 370]the Kings hands; this Act Lost him the Clergy, and added Power to the Discontented Party; which by Reason of the misfortunes of the Prince, and his having advanced unpopular officers, As
Gaveston and
Spencer were grown in the people, and Concurred to his after Deposeing from the Throne, and horrible Murder when Deposed. Hence may be very well observed, in what a sad Condition a Prince is, who must Depend on the Protection of Bishops and their Excommunications; And how shamelesly notwithstanding they will boast, that
no Bishop, no King. For here are
France and
Scotland Confederated against the Kingdom; the King is valiant, but young and unexperiensed; his Bishops and Barons are Corrupted against him by
French Pensions, and cause the Overthrow of his Army; he discovers one of the Bishops guilty of the Treason, and had he not been Rescued by the other Traytor-Bishops his Companions, he might perhaps have discovered the whole Plot and all his Complices. The King very Justly Sentences him both as Mute, and Contumaciously absent, and seises on his Estate as forfeit. What more Just proceeding than this? here is no condemning without Liberty of Answer and Hearing; yet this must lose the King all the Arch-Bishops and Bishops in
England and
Ireland, and all the Clergy of both Kingdomes who received Ordination from them; And they will no longer be his subjects, unless he will allow them to betray and sell him to his Enemies, and not Punish or question the Treason. But all concur to irritate the Temporal Barons, the people and his own Trayterous Queen to depose and destroy him; And the Bishop of
Hereford Preaching before her, took this Text
My Head aketh, my Head aketh; and thence drawes this wicked Doctrine and Use to a wife, that she must cut off her Husbands Head who was her Head; and when after the King was deposed, and his son chosen, the Arch-Bishop of
Canterbury Preached in
Westminster-Hall on this Text,
Vox Populi, Vox Dei, to encourage the people in the Treason, which was after perfected by his horrible murder in Prison. The next Consideration will be, how this might have been prevented by his Renowned Father, who was of such Wisdome, Vigilance and Valour, as neither
Gaveston nor
Spencer nor Bishops Dared to abuse; if he had suspected they would have practised such Treachery against the younger yeares of his son. Concerning which, it seemes he was able and might have easily prevented it, had he not Committed two oversights, the one was, That he only Banish'd
Gaveston, and had not cut off his head if he had deserved it; for assoon as he was dead,
Gaveston returned again, and corrupting the young King, was the first occasion his Enemies made Use of to cast the vices
[Page 371]and misgovernments of his Favorites on himself. It may be here objected, That perhaps though
Gaveston was a wicked vitious person, yet he might not be Guilty of any Crime for which he might be lawfully put to death. To which is answered, That it possibly might be so, though it be not likely; And if he were not Guilty of such a Crime, he ought not to have been put to Death: for a Throne cannot be Established by shedding Innocent Blood. But neither he nor his son needed to have been Guilty of it; for his son needed not have sent for him Contrary to his Fathers Command; and though he incurr'd that fault, the Lords cut
[...]ff his Head, who must answer for it, and freed him from the Guilt and danger of him. The second oversight was of more weight, that was, When he made an Act against
Mortmain for the future, he had not taken away, as
H. 8. after did, all that was before
Mortmained. And when he took the Moiety of the Reverend Fathers Money and Goods, he had not taken all; and when he Lopt the Branches of Privileges and Jurisdictions of Bishops and other Ecclesiasticks, he had not took both Root and Branch: For it is as lawful to take present
Mortmaines, as 'tis to prohibit Future. And if lawful to take the Moiety, it was lawful to take the Whole: And if lawful to take the Branches, it was as lawful to take the Root of Hierarchy; which if he had done, This clear Benefit he had Received by it, he had left his son secure from any Spiritual
French Pensioners, who are the most Dangerous sort of all other; And the Temporal Barons could not have had without them so great and specious advantages to have Betrayed him. (2) He had freed him from such Audacious Traytors as would Rescue their fellowes from the Bar of Justice; which Temporal Barons never dared do (3) He had f
[...]eed all his successors who should happen to be superstitious, from having Rebellions raised against them, and themselves Deposed by Excommunication, by abolishing Bishops and their ordination; which had been an advantage, none of his neighbour Emperours or Kings could hitherto ever obtain; nor if Bishops had been taken away, Episcopal or Ecclesiastical Government by halves; though it was sufficient to abate their Power as to himself, it was worse for his Son, than if he had done nothing at all; for he thereby left Bishops and a Clergy full of Rancour in their minds for those blowes they had been beaten with by the Father; which though they dare not revenge themselves on him, yet did they on his Son to his destruction: and though there never had been a
Gaveston or a
Spencer, would have found other pretences enough for their Treasons; which they could not have done, had he cleane abolish'd them and not left a See for a Bishop to fit in.
Arch-Bishop threatens to Excommunicate
Edw. 3.
Edward the Third being with his Army in
France, and disappointed of his Supply of Treasure, upon his last Return into
England had in great displeasure Removed his Chancellor, and Imprison'd his Treasurer, with other Officers, most of them Clergy men.
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
[Page 373]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
[Page 374]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
[Page 375]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 quàm 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 'tis 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
[Page 377]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 Patriarchs and Bishops, they dare not Excommunicate an Emperor of such a People who Contemn their Excommunication, and would Revenge it on themselves, if they should presume to make a vain noise with it. Christ commands Wisdom to be learnt of the Serpent, and the experience of all Ages witnesseth to whosoever will but consult Histories, That there was never any Prince
Gentile or
Jew, Mahumetan or
Christian, who admitted near his Throne Episcopal or Pontifical Consecration, Ordination or Excommunication, could that remain, He or his Posterity secure, or not Ruin'd or Plagued by those Devils Transformed, which he Superstitiously or Impudently had Raised against himself, or them; as may sufficiently appoar by the Examples before Recited.
Presbyters independent.Lastly, (9.) If Parochial Bishops and Presbyters were Elected by the Congregations or several Parishes, these were Independents in the Primitive Christians time, and no Prelacy was amongst them; for though the Cities or Parishes in greatness might exceed one another in greatness and in Precedence, yet the Presbyters Elected were as Independent one of another, as Members of Parliament Elected from great and small Shires.
As to the Impossibility of obliging Bishops by Oath.
Bishops not to be obliged by Oath.It is impossible to oblige those by Oaths who claim to be Judges of Oaths and Perjury, as all Bishops do, and their Spiritual Courts; for how many and easie pretences will they find to Evade and Nullifie them? sometimes a
Parte Ante, Force or Circumvention; sometimes matter
Ex post Facto, that though at first Law, yet by new matters since arising, the same is became unlawful to be kept. So, grant a Bishop the Jurisdiction of Perjury, he will never Judg himself guilty of it, nor any Subject who breaks his Oath of Allegiance to the King, in obedience to the Bishop; and the rather, because he is not
[Page 378]bound to shew any Cause or Reason of his Judgment; neither as
Coke will have it to be question'd, in the Kings Courts, of what he hath the Jurisdiction, 25.
H. 8.
Cap. 19. The Clergy Promise the King in
verho sacerdotii that they will never her ceforth Praesume to attempt alledge claime or put in ure, enact, promulge or execute any Canons Constitutions Ordinance Provinciall, or other, or by whatsoever other name they shall be called in the Convocation, unless the Kings most Royal assent may be to them had, and that his Majesty do give his most Royal assent; so it appeares they used to make them before, presuming on their Power of Excommunication; yet when Queen Mary came in, they were as high again as ever, notwithstanding their Promises.
Holy water to wash off Oaths.There was a water which Ran in the way
Appia, dedicated to
Mercury, wherein the old Pagan
Romans did believe, if they dipped a Laurell Branch, therewith calling on
Mercury, That they were discharged thereby from any breach of Oath and Perjury they had Committed,
Alex ab Alexandr. Genial. Dier. The Popes have store of this Holy Water, and no doubt can spare some to the Bishops, as well as Holy Oyle.
Guiccuardin. Com. de Pol. Relates a then in use Proverb,
Proprium esse Ecclesiae odisse et timere Caesares; Ecclesiastical Lawes and Excommunications therefore, made by such Enemies, are not likely to be friends to Kings or subjects. Bishops are Ecclesiastical Persons Aiming at a supremacy in Judgement of Heresy, in Judgement of Oaths, in Excommunication, all inconsistent with Temporal Supremacy, as is their Interest, which hath alwayes made them perfidious to Temporal Powers.
Popes perjured. The French King besieged Pope
Alexander the Sixth in his Castle of St
Angelo, from whence after a time he came out swearing to such capitulations as he could obtain, and the French King kissing his foot: Amongst other Articles he agreed the French King should have his Son
Caesar Hostage for the Performance, but not long after,
Caesar making an Escape, his Father the Pope, contrary to his Oath contracted a League Contrary to the French, to their great Prejudice, and it was the Custom of that Pope to use most Oaths when he intended most to deceive.
Pope
Julius the second had obliged himself by Oath, to have a General Council within two years after his Election to the Popedome, but this being not performed,
Maximillian the Emperour and
Lewes the French King Conven'd a Synod at
Pisa, whither some Cardinals under protection of the French King caused the Pope to be summon'd to make his appearance, but the Pope instead thereof Excommunicated them and the French King, and call'd an Anti-Synod at
[Page 379]
Rome, to whom he Excuses his Oath, and Dies, but how he Excused it after he was Dead the Historian doth not mention.
Anno. 1414. In the Council of
Constance convened by
Sigismond the Emperour and Pope
John the Third, Consisting of about a Thousand Bishops and Doctors, and Continued four years, yet amongst so many Bishops
Vix una Fides;
Bishops perjured. for though these declared that the Council was above the Pope, yet they Resolved to be as perfidious to Protestants as he, and accordingly there ordained, That faith ought not to be kept with Hereticks: Here they order'd the bones of
John Wickliff that famous Primitive Protestant of
England, to be digged out of his Sepulchre and burnt at this Council: likewise was
John Hus and
Jerome of
Prague contrary to the safe conduct and faith given them by the Emperour and Bishops, Perfidiously and Cruelly made Martyrs; and burnt for the Protestant Religion. Here you see were a thousand Bishops, yet none kept the Promise of safe conduct.
Burchard Arch-Bishop of
Magdeburg taking some offence at his Citizens besieged them with Armed Power, but they Redemed their liberty with a summe of money, he thereupon Swearing he would molest them no more: yet shortly after, he besieged them again; but this Perjury was justly met with, for in a Sally they took him Prisoner, at which time by his humble Demeanor, and counterfeit Oaths never to molest them more, They Released him; but when he was at Liberty, getting a Despensation for his Oath from Pope
John the 23d, he began to molest them again, Murthering them whom he had sworn to Maintain. But it was Gods will he should be once again caught and cast into Prison, and Punished for his wickedness,
Magdeb. Cent. And did not the Arch-Bishop of
Canterbury, Becket, as well as
Burchard Arch-Bishop of
Magdeburg as is before mention'd, commit as great a Perjury against his native King,
Henry the second, after all the Labour and pains taken with him, both by fair and foul meanes to bring him to Agreement, assoon as he Recovered home to his House, by Retracting his Oath and getting an absolution from the Pope for the same?
Bishops compell
H. 2. to accept the Kingdom on their Terms, or not to have it.By the Pretended Power of Consecration, Ordination, and Excommunication Popes and Bishops Pretend a Divine Mission to Anoint and Crown Kings, and then again to Excommunicate and Depose them all, to Null all Oaths of allegiance unless they will buy their Crownes of them and pay Tribute. There is in our own
English History a Manifest Example of the same, in that noble King
Henry the second, who Complaines to his Parliament against the Bishops and the whole Clergy, That in their Election of King
Stephen his Predecessor, who was a Collateral Heir, they had imposed on him their own Conditions,
[Page 380]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
[Page 382]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 Ʋnbelief: for verily I say unto you, if ye have Faith, as a grain of Mustard-seed, ye shall say unto this Mountain, Remove hence u
[...]to yonder place, and it shall remove: and nothing shall be impossible
[Page 383]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 do a Miracle in my Name, that can lightly speak Evil of me. For he that is not against us, is on our part. The Bishops Canon appears therefore clean contrary to the Example and Precept of Christ.
It is before mention'd, how the Bodies of Dead Persons in their Graves are by some believed to be Revived and Tormented by the Devil; and how Locusts, Flies and Fishes have been struck with this Thunderbolt of Excommunication. There is no Good man dare Torment or Destroy by the help of any Invisible Spirit, nor will, nor ought any good Magistrate suffer them, without a Sign of Mission from God, above the Power of his Temporal Sword; for all Magicians and Witches would then Act their Mischiefs under pretence that they do it by the Spirit of God; and that their Excommunication is the Curse of God. If therefore any Malefice follow without a Sign of Mission, whereby they had a Warrant to Curse, the Magistrate Sign of Mission, whereby they had a Warrant to Curse, the Magistrate ought to punish them for Witchcraft, or all Laws against Witchcraft must be Repealed, and the Devil let loose, by his Instruments the Witches, to do what mischief he pleases, and no Judg presume to punish a Witch, if he only say, What he did was done by the Spirit of God. It is impossible to distinguish invisible Spirits, or to trie the Spirit, whether God or the Devil, but by visible Sign; if the hurt be done therefore by any Person, by assistance of a Spirit, unless he shew a Sign, he ought, by the standing Laws and Acts of Parliament, to be punished for Witchcraft; and if he pretend to have a Mission from the Spirit of God, and hath none, he ought to be punished for a Cheat. And under the same
Dilemma fall the Authors and Executors of the before mention'd Canon, prohibiting Ministers to cast out the Devil by Fasting, and must be guilty either of Withcraft or a Cheat, if they cannot shew a Sign of Mission to make such a prohibition, and to give such a Licence as their Canon imports, though they impute the same to the Ministers who Fast and Pray, when they do not.
Excommunication makes all Sins equal.
Excommunication, as it came from
Pagans, so it sets up again that old
Pagan Doctrine of the
Stoicks, Omnia Peccata esse Equalia.
Excommunication for Two Pence. There was a Poor man who used to go to Labor for Six-pence a Day, he lived in a Parish where the Custom was, The Clerk was to have a Penny every Year of every House-holder, and being very Poor, rather needing to receive Alms, than to pay Rates, he thought he might have been on that Cause excused, whereby this Penny was neglected to be paid for two Years following, which amounted to the Sum of Two Pence, for which he was Sued in the Bishops Court, and Excommunicated; and he would often complain, that he could not recover his Estate till he had given the Court Eighteen-pence. See the Piety of an Excommunicator, he would, if he had had Power, have sold the Poor mans Soul to the Devil for Two Pence, if he could not get some Money to redeem it.
Excommunication Pardons all Sin for Money.
Excommunication is done to no other end, than to drive them to buy Absolution, which enticeth and encourageth all kind of Uncleanness, and other Wickedness.
Excommunication sets up Idolatry.
Pope
Gregory the Second,
Idolatry. Excommunicated and Deposed the
Greek Emperor
Leo Isaurus, because he made a Law against Images, and Nick-named him
Iconomachus, or the Fighter with Images.
Excommunication and Power to Judg of Heresie, returns all to Popery and Priest-riding.
Thus Excommunicators follow the Precedent of the old
Pagan Priests of
Mars, whom they called
[...] or the Fire-bearers, who having Solemnly performed their Rites and Ceremonies of Cursing, Execration or Excommunication (as
Balak would have had
Balaam to have done) used, before the Battel joined, to cast Fire-brands between the two Enemy-Armies, standing in Battel Array one against another, and so stirred them up to fight, but they themselves yet retired out of the medly and danger.
1. This gives the Popish Priest, that main Pillar of the Popish Empire, the Jurisdiction of
Marriage, Filiation, Aliment, and
Succession, and the Arbitrary disposing of the same, both in Kingdoms and Private Patrimonies.
2. This gives him the Power of setting up Images, as appears in the fore-cited Example of the Emperor
Leo Isaurus Excommunicated and Deposed, because he forbad Images.
3. This gives him Power to Asassinate Kings, of which are a multitude of Examples.
4. This gives him a Power of Confiscating Kingdoms, and Selling them to others.
5. This gives him Power to Confiscate and Imprison Arbitrarily the Subjects by
Excommunicato Capiendo's, as is before declared.
6. This gives him Power of taking from the People the free Election of their Parochial Ministers, and imposing on them the Popish Sacrament, of Orders and Ordination, contrary to the Law of God.
7. This gives him Power to compell Confession of Sins to be made to the Priest, which ought only to be made to God, the Magistrate, and the Brother injured.
8. This gives him Power to impose Penance and Corporal punishment; which ought only to be done by the Magistrate, (1.) Because the Magistrate should else bear the Sword in vain. (2.) Because it is unjust the Magistrate should penance or punish once, and the Priest punish again for the same Sin; for,
Nemo debet bis puniri pro eodem delicio.
9. This gives him Power of imposing what Commutation-Money and Arbitrary Fine he pleaseth, which is a Subversion of all Propriety in Goods.
10. This gives him Power to sell Absolutions and Pardons of Sins, and compell the same to be taken from the Priest, which ought only to be taken from God, the Magistrate, and the Brother injured, for
unumquod que dissolvitur eodem modo quo conflatum est, none can pardon an Offence against a Law, but a Legislator; none can release a Trespas, but the Party against whom the Trespass is committed.
11. This not only gives him Power, by Pardon to Null the Laws of God and Men, and the Penalties of the same, but to Enact Arbitrarily new Laws and Penalties contrary and Superior to the Law of God,
viz. Ceremonial Laws made by the Priest, contrary and Superior to the Moral Law made by God.
12. This Impowers him to Usurp the Throne of God himself, in the Soul and Conscience of man, wherein none ought to be Judg but God himself.
Excommunication without a Sign of Mission, not Instituted by Christ, but invented by
Pagan Priests and Daemons.
That Christ never Judged nor Condemned any, though he heard him Preach in Person, and believed not, appears by the Scripture; Faith and Infidelity being rather unavoidable Passions, than free Actions of the Soul, it being not in humane Power to believe what the Conscience is not convinced of, or not to believe that whereof it is convinced; and that Christ never appointed so much as a Non-Communion (which is far less than an Excommunication) with Hereticks or unbelievers, appears by his Example of Eating and Drinking with the
Pharisees, and his frequent Converse with all the
Jewish Sects, yea with
Samaritans; and, what is more, he Eat and Drank with
Publicans and Sinners, and taught, The whole needed not the Physician; but those who are Sick;
Bishops Murderers to deliver to the Lay-Power. and how great a weakning 'tis to Religion, not to admit Liberty to Dissentients in Faith and Form of Worship, but to persecute them with Excommunication, though brevity permit me not here to speak, I may on another occasion shew.
Waldus and
Wickliff, who were Protestants, taught, That Excommunications, Suspensions and Interdicts, were only inventions to maintain the Bishops Pride and Covetousness; and that they were Murderers who deliver'd over to the Lay-power: The same held
John Hus and
Jerom of
Prague, who were therefore Martyr'd by the Papists;
Luther likewise opposed Excommunication; and
Erastus, and many other Learned men, have sufficiently proved the imposture of it, and that it never came from
[Page 387]Christ, but the true Original from whence it came, appears in the Examples following:
Numa Pompilius the old Superstitious Law-giver of
Rome, who had his Law (or he feigned) from his Nymph, or She-Devil
Egeria, first instituted his
Pontifex Maximus or High-Priest, which name the Pope hath since assumed to himself, and gave him Power over all Sacrifices and Ceremonies, to make propitious their Celestial, and especially to appease the
Manes and infernal Gods, under whose Power they believed the Souls lay after Death, and made their Superstitious Followers to believe, That the Priests, who were Masters of these Ceremonies, could send their Souls to Heaven or Hell, as they pleased, according to
Virgil,
—Animas ille evocat Orco,
Pallentes alias sub tristia Tartara mittit.
He some pale Ghosts with Voice, as with a Spell
Call'd up, and others head-long cast to Hell.
Supremacy got by Excommunication.And by this Superstition the
Pagan Priests got their Supremacy over the World; by the like means did the naked
Druides get Supremacy over the
Gallick and
British Cavalry, as appears by
Caes. Com. de Bell. Gall. p. 157. Where he saith,
In omni Gallia
eorum hominum qui in aliquo sunt numero at
(que) honore, genera sunt duo; nam plebs pene Servorum habetur loco, sed de his duobus generibus alterum est Druidum,
alterum Equitum. Illi rebus divinis intersunt, Sacrificia publica & privata procurant, Religiones interpretantur; ad hos magnus adolescentum numerus Disciplinae causâ concurrit, Magno
(que) ii apud eos sunt in honore, nam fere de omnibus controversiis publicis privatis
(que) constituunt, & si quod est admissum, si caedes facta, si de haereditate, si de finibus controversia est, iidem discernunt praemia poenaes
(que) constituunt; siquis aut privatus aut populus eorum decreto non stetit Sacrificiis interdicunt; haec poena apud eos est gravissima, quibus ita est interdictum ii numero impiorum & sceleratorum habentur, ab iis omnes decedunt, aditum eorum sermonem
(que) defugiunt ne quid ex contagione incommodi accipiant, ne
(que) iis petentibus jus redditur, ne
(que) honos ullus tributtur. His omnibus Druidibus
praeest unus, qui summam apud eos. Authoritatem habet, hec mortuo siquis ex reliquis excellit, dignitate succedet, si sunt plures, suffragio Druidum
adlegitur; nonnunquam etiam de Pontificatu Armis contendunt. And after, he saith,
Druides à bello abesse consueverunt, ne
(que) tributa unà cum reliquis pendunt, militiae vacationem, omnium
(que) rerum habent communitatem.
Here is the perfect Platform of the modern Excommunication, and
[Page 388]the Privileges claimed by Bishops, and that impious Punishment,
Ne
(que) iis petentibus jus redditur, that a Person Excommunicated, right or wrong, shall not be permitted to Sue for his Right, though never so just; and the like, with the Excommunication instituted by the Beast,
Rev. 13.17.
That no man might Buy or Sell, save he that had the Mark, or the name of the Beast.
A
Satyrin Defiance of all Excommunication, without a Sign of Mission from God.
DAmn'd Fiend of Hell, who first in Earth or Skie
Did'st counterfeit the Voice of the most High,
And both to God and Man, to shew thy Hate,
In darkest Clouds didst dare to Fulminate;
Either of Ignorance or Air, the Light
Of humane Souls, or Sun to close in Night;
That thy Sulphurean Sentences might blaze
Like Comets, and the foolish World amaze;
That to thy false Fires Knees and Hearts might bow,
And the true Fire and God they might not know.
Thou
Druids first taught'st in our Isle to sing
Dirge's to Souls, which made the Woods to ring;
And did, they thought, transport them in a trice
to happier Groves, or to Fools Paradise;
This the old
Britons Courage made renew,
And more than Woad themselves their Foes look blue,
Whose trembling Souls they made with Fear to groan,
Of
Styx, with Fiery Water, where was none,
To Bless or Curse, they car'd not, right or wrong,
Thus Priests the Spoils got, Soldiers a Song;
Who should be Arch-Priest, raised Civil Wars,
The Forest ratled then with Armed Cars;
And naked Anti-Popes far off from Fights,
Spit Fire at one another, just like Sprights:
Each side were Martyrs inade, who dy'd of Wounds
Sans nombre, which did so o'restock the bounds
Of the
Elizian Common, that they tell
Souls after Death Fought, who should go to Hell;
With this inchanted Sword more ill to do,
They stole or took by force the Civil too;
And like so many
Kets in Savage State
Under their Oaks of Reformation Sate,
And Judged all Causes, and of Peace and Wars,
The Treasures got thus, without Wounds or Scars;
All to their Sentence bowed, as to Fate,
Whom they but doom'd to Excommunicate;
Yet they no Sign of Mission thus to do
Druydes Sign of Mission.
Had, but their Oak, and on it
Misleto.
The
Druids dead, they left their Furies Whip,
Brothers and Sisters falling first to strip;
And as their Worships pleas'd, to Lash and Jerk,
First to one Pope, then many in a Kirk;
Nobles and Poor Bare-Footed, and Bare-Leg'd,
Stood at Church-door, and for their Pardons Beg'd,
Which to be granted, were so long delay'd,
Till Commutation-Money first was paid;
Unto the same, they next gave by their Will
Their flaming Sword, to Strike, Depose, and Kill
High Emperors and Kings, and cut the bands
Of Subjects Oaths and Faith at their Commands;
Blind
Cupids Arrows first they stole of Love,
And after, thus, the Thunderbolts of
Jove.
The
Romish Bishops Sign of Mission.
The
Romish Druids next to shew a Sign,
That their Infernal Mission was Divine;
By their Black Magick Art in time most strange,
The
hollow Oak to
holy Church did change;
And on the top they made the
Mislet
[...]
To turn, and there into a Steeple grow,
And Leavs to Ropes, and Berries into Bells
Transform'd, to Ring to Weddings, and to Knells.
To an
Aceldama their Church turn'd next,
And the dead Bones for Burial-Fees they vext;
Their restless rest thus purchased in vain,
They then for Reliques dig'd them up again;
And sell their Merits, though of
Tyburn-Saints,
And Heaven to all, whose Purse or Faith not faints.
Oh
Joseph, of
Arimathea nam'd,
And on the
British-Shores for ever fam'd;
Whose Ship of
Olive-planks from
Palestine,
Of Tidings glad the Pacquet brought Divine.
The Sea Nymphs danc'd each with a Triton Mate,
For joy thou mad'st their Isles the Fortunate.
Oh tell us! had thy Vessels such broad sides
Of Canon, as that which in
Tybur rides?
Whose roaring Thunder beats, and buries Towns,
Cities and Churches, Kingdoms and their Crowns,
And sinks them, how, or whither none can tell,
To Time-set
Limbo's or Eternal Hell:
Or from thy Bark, being then the
Western-Church,
Thy Passengers to leave so in the lurch,
Did'st thou cast overboard, and in the Dark
Leave them there to be snapt by the old Shark,
That thou their
Cargo rifle might'st the while,
And Gold and Silver, like a Pyrat vile?
Tell us, did Christ the great or lesser Curse
Teach, who were bad before, to make them worse?
Or Bless or Curse not, did he who did say,
Intend, and mean the clean contrary way?
Who left his Peace, did he bid to annoy,
Who came the World to save, would he destroy?
From Satan who so oft deliver'd men,
Them back again did he cast to his Den?
He in this World who Kingdom would have none,
Did he bid Priests Depose Kings from the Throne?
Deliverance to Captives who did Preach,
Priests them to starve in Prison did he Teach?
When
Peter warm'd, did for his Master mourn,
All whom he Master'd did he bid him burn?
No
Joseph, no; this was not the good Seed
Thou brought'st and Sow'd'st, whereon the Flocks might feed.
The Evil One those Fiery tasted Tares
Sowed, and them intangled with Snares;
None but the Devil, from th' Infernal Pit,
Doth Curse and Ban, and Fire and Brimstone Spit.
Great
Hus and
Jerom now for ever blest,
Oh two true Witnesses Slain by the Beast!
Whose Treachery safe Conduct gave to both,
But basely perjur'd broke it, and his Oath.
You who made tremble the Infernal States,
And dared Attacque black
Dis at his own Gates,
What was your Doctrine, which so terrified
The pompous Popedom in its highest Pride?
You held, (and that made them so highly hate)
That Bishops could not Excommunicate,
This did you both from thence to Heaven raise,
And sent you thither Crown'd with Fiery Bays;
And Sparks of you, to Stellifie, this sent
With Protestants the
British Firmament.
Brave Hero's now, the horned Miter pull
From
Phalaris of
Rome his Brazen Bull,
Hear your dead Martyrs how they do you press,
And cry from all his Fiery Furnaces,
Dismount his Canons from the Battlements,
Of his Church-Catholick, which get his Rents.
Take from the Building but the Thunder-stone,
Oh then for ever down falls
Babylon.
An
Epode on
Protestants Excommunicated by
Papists.
What though with Bans and Curses,
They Rob and Kill, and take our Purses?
In highest Faith come on,
And know there hath, or shall be none
Happy decreed by Fate,
But who first was, or is unfortunate.
Arm, Arm, against the Devil,
He'l flie, and all his Spirits Evil.
And Beast with Seven Heads,
At this time was a great noise in the Countries, of Armies seen rising out of the ground, and others in the Air.
If on your Land or Sea he treads,
To fight him never spare,
Soldiers and Poor, each one then take your share.
What though whole Armies rising
From Earth, are fearful hearts Surprising,
And Daemons of the Air
Fighting in Clouds, tempt to Despair?
What though they come from Hell?
There's no Enchantment against
Israel
Hark how our Canons Thunder,
And keep the
Romish Canons under;
Their Organs grunt and whine,
Our Flutes and Haubois are Divine;
And Cornets to the Skie,
Sound for
Religion, and for
Liberty.
Angels to hear, grow prouder,
Than theirs our holy Musick louder,
And valiant Souls shall bear
From Death to Musick's highest Sphere.
Who burn would not like a Brand,
That thus renown'd may die with Sword is hand?
Whether an Union can be of Protestant-Parliaments and Churches, without a true Test between Papist and Protestant?
Test between Papist and Protestant.Neither Protestant-Parliaments or Churches can be Known without a true Test, much less therefore can they be United.
Whether Recusancy to pray in a Temple, or in the Form of Common-Prayer, is a true Test between Papist and Protestant?
A true Test ought to Provide and see that there be none in it of the Servants of the Lord, but the Worshippers of
Baal only, 2
Kings 10.23. But in this of Recusancy to pray in a Temple, are all the true Worshippers of God in Spirit and Truth, if we may believe Christs Precept and Designation of them, at large before Debated,
p. 210.
&c. in Reference to the Omnipresential Worship of God.
Christ in thy Closet bids thee Pray,
Thine is there both the Church and Key;
What though no Bishop walk'd it round?
Gods being there makes holy Ground.
The mischiefs of Compelling Protestants to a Form of Common-Prayer, appear too much in being the occasion of the first breaking out of the late miserable Civil Wars, and the Irreparable loss of his then Majesty; the mischiefs of Compelling Papists to Protestant-Churches, appear in this, That one Church-Papist is more Dangerous than an Hundred open Absenters; and they who truly understand the Danger of Mixing, would rather think it prudent, like the Primitive Christians, to have a Non-Communion with Idolaters, and their
Ostiarii as they had, to see none crept into the Places of their Convention for Prayer, than compell such Bloody Spies, incensed by Penal Laws, thither to betray them.
Whether Recusancy to receive the Sacrament in a Temple, or in the Common-Form, is a true Test?
This likewise is before Discuss'd,
p. 212. and Examples of the frequent Poisoning the Sacrament by the Priest,
p. 240,
& 241. To compell therefore any Eminent Protestants to Receive the Sacrament of such Persons of whom they cannot be assured, were to be Accessary to their Murder.
Whether Subscription to the
39. Articles is a true Test?
'Tis shewn before, That no true Test ought to endanger the Conscience of any Protestant; but 'tis notorious, that the greatest part of Protestants are Dissentients in Conscience to divers Doctrines of the 39. Articles, and therefore Subscription to the same is no true Test, nor ought to be Imposed on them. (1.) Because these 39. Articles were made by the Bishops,
Anno 1562. in the Fourth Year of the Reign of Queen
Elizabeth, while the Papist Peers were yet in Parliament, and in Power, who with the Bishops in their Front, were too hard for her, and of whom she might then say,
‘Res durae & Regni Novitas me talia cogunt.’
She was not able to perfect Reformation at one Stroke. (2.) Because in these Articles Bishops presumed to be Legislators, Judges and Executioners in their own Case, for the Bishops make the Article 36. whereby they Constitute themselves Arch-Bishops and Bishops; and Article 32.
[Page 394]They Declare it lawful for all men to Marry; Article 34. They Ridiculously make Traditions of the Church to be Changeable, according to Diversity of Countries, Times, and mens Manners; so before they come to their Ceremonial Law, they set up their Legend-Law, and the Ceremonies must be Founded on what Legends they please, and no man must oppose either Tradition, or Legend, or Ceremonies set up by Common Authority, that is, by Authority of the Bishops (for the House of Commons never Authorized them)
Rog. Art. 34.
Prop. 2.
p. 196. Then, Article 33. they Order Excommunication, Delivery to Satan, Penance, and Absolution. Then, to compell the Observation of these Articles,
Anno 1603. They assume the Legislative Power to make Canons and Constitutions Ecclesiastical, without the assent of the House of Commons; they Order Saying or Singing of Common-Prayer and the Letany, with all the Ceremonies prescribed by the
Can. 14, 15. Copes, Surplices and Hoods to be wom in Cathedrals, by
Can. 17, 27. Marriage not to be without Banns or License.
Can. 62. None to deliver from Satan without the Bishops License.
Can. 72. And no Minister to Preach, Read Lecture, or Catechize, without Subscription to the 39. Articles.
Can. 36, 37. And then to make clear work, they Order, That if any affirm any of the Nine and Thirty Articles made by the Arch-Bishops and Bishops, to be in any part Erroneous, or such as he may not with a good Conscience Subscribe to, let him be Excommunicate
Ipso facto, which is without Summons or Hearing.
Can. 5.
Can. 9. So, unless the Protestant-Minister will Popishly acknowledg the Bishop to be Infallible and without Error, and that all his Traditions and Ceremonies of Worship, of Marriage, and the like, Ordained by Episcopal Authority are, of Divine Right to oblige the Conscience; and that he neither can Teach, nor Fast, nor Pray, though to deliver from the Devil, without his License; Here is a Test wherein the Bishop assumes to be Legislator, Judg, an
Ipso facto Executioner in his own Cause, against a Protestant-Minister, and not only prohibited to speak,
Book of 39. Articles, and of Canons, oblige not the Subjects to Clergy or Lay. but his Conscience to think against it, in his own Defence. (3.) This Subscription to the 39. Articles ought not to be Imposed as a Test, because neither the said Book of Articles, nor Book of Canons, had the Assent of the House of Commons at the time of their Making, without whose Actual and Express Assent, no Law, or Canon, or Article, can be made to oblige the Subject, which is more fully proved before.
Whether the Positive part of the Oath of Supremacy is a true Test?
The Form of the Oath, 1.
Eliz. 1. is as followeth.
I A. B.
do utterly Testifie and Declare in my Conscience, That the Kings Highness is the only Supreme Governor of this Realm, and of all other his Highness's Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal; and that no Foreign Prince, Person, Prelate, State or Potentate, hath, or ought to have, any Jurisdiction, Power, Superiority, Preheminence or Authority, Ecclesiastical or Spiritual, within this Realm; and therefore I do utterly Renounce and Forsake all Foreign Jurisdictions, Powers, Superiorities and Authorities, and do promise that from henceforth, I shall bear Faith and true Allegiance to the Kings Highness, his Heirs and lawful Successors, or Ʋnited and Annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book.
It being granted that no true Test can be, which the Conscience of a Protestant, weak or strong, ignorant or knowing, refuseth, or is doubtful to take, it is manifest, that the positive part is refused by a very considerable part of the People, and a greater part are doubtful, and take it with Reluctancy; yet are they such as cannot be doubted to be sincere Protestants in Religion, and most Faithful and Loyal Subjects to the King; and their Objections seem to be these:
(1.) The words
[only Supreme Governor] are of so infinite and unlimited an Extent in the Letter, that there is necessity of limiting them in the intention, which intention being Implicit only, and not Express, may be made so various by Expositors, that the same likewise is infinitely ambiguous and unintelligible; and that Pious Queen
Elizabeth being at her first Entry to the Kingdom, as good as under the Wardships of Bishops, could not avoid the Forming of this Oath of Supremacy by them, on the first Act and Year of her Reign, and to impose the same on the Subjects; not for her Benefit, but their own, though after finding the same so general, obscure, and wrested by false Interpretations, she endeavour'd by a subsequent Declaration published, to have explained and limited the same, according to her true intention and meaning; but the same being not done by Act of Parliament, proved not sufficient to relieve many doubtful and wounded Consciences amongst the People; of which
vide more at large before,
p. 167, 168.
(2.) The words
[Supreme Governor,] include both the Legislative, Judicial and Executive Power,
The words
[only Supreme] exclude Parliaments. and the word
[only] excludes literally the Parliament from having any Vote in either; whereas the known Law of the Land is, That no Law can be Enacted to bind the People, without the mutual Assent of the King, and their lawful Representative in Parliament; and that no Contract of Supreme Government can be made, without the Assent of two Parties at least, and not one only.
(3.) The words
[only Supreme Governor in all Spiritual things,] according to the Letter, include the Papal Power of Dispensation with the Law of God, of Receiving Confessions of Sins, Imposing Penance, Excommunication, Absolution, and Pardon of Sins, which are Powers only belonging to God in Person, and ought not to be Assumed or Exercised by Angels, Saints, Daemons or Men.
(4.) The same words include Supreme Power over the Souls and Consciences of men, which is a Power belonging only to God in Person, and ought not to be Assumed by Angels, Saints, Daemons or Men.
(5.) When all this Supremacy in Spiritual things is congested into an Oath, and the Flowers inseparable from the Celestial Crown presumptuously attempted to be torn thence, and annexed to a Temporal, what is the Design and Effect of it, but that the Bishop Robs both God and the King of the Supremacy pretended to both, but intended to neither? for where will the Bishop permit the Temporal Prince to dispense with the Law of God, to Receive Confession of Sins, to Impose Penance, to Excommunicate, to give Absolution and Pardon of Sins, but he will command him to desist, or, what is worse, with his Temporal Sword to beat the Bush, that the Bishop may catch the Bird, or with his
Excommunicato Capiendo, and
Heretico Comburendo, to catch and roast the Bird himself for the Bishop to eat it; and of the subtlety of the Bishop, as to this matter, see more before,
p. 167, 168, 169. How little incouragement there is therefore, for Protestants to take this Oath of Supremacy, wherein the Kings name is only abused, and made a Stale, to draw a Supreme and Arbitrary Power to Bishops, both over the King and them, and to drein the Royal Treasury into their own Pockets; and how untrue a Test such an Oath must be, is humbly submitted to Supreme Authority.
Supremacy granted, by Act of Parliament, of Marriage and Legitimation, to
Canterbury, yet Sworn to be in the King.(6.) By the Statute 25.
H. 8.21. Power is granted to the Arch-Bishop of
Canterbury and his Successors, by their Discretions to Grant unto the King, his Heirs and Successors, all such Licenses, Dispensations, Compositions, Faculties, Grants, Rescripts, Delegacies for Causes not contrary to the holy Scriptures and Laws of God, as heretofore
[Page 397]had been used and accustomed to be held and obtained by his Highness, or by any his most Noble Progenitors at the See of
Rome; and all Children procreated after Marriage, by virtue of any such License or Dispensations, shall be admitted and reputed Legitimate in all Courts Spiritual and Temporal. So this Act of Parliament made in time of Popery, translates the Pope from
Rome to
Canterbury, and the Supremacy before used or accustomed by him, over the King and his Subjects, concerning all the matters mention'd in the Act, is placed in the Person of the Arch-Bishop; and the Bishops call this a Supremacy in them according to Scripture and the Law of God, which is worse, and more Papal, than to claim it only by Act of Parliament; for what more Papal Supremacy can there be, than Power to Grant Licenses, Dispensations, Faculties, Compositions, Grants, Rescripts, Delegacies of Marriage, Legitimation, and all other matters which Popes have formerly granted from
Rome to Kings and their Subjects at discretion? and this
Exceptio is
contraria facto; for the granting of Licenses by Popes to Kings, is contrary to the Law of the Land, and is a Power Supreme to the Legislative, and Law of the Land; so the Grant in the Act is Repugnant to the Exception; for
[...] Licenses or Dispensations are necessary, but where there is a standing Law of God or Man to the Licensed or Dispensed with, no Composition or Pardon necessary, but where there is a standing Law violated or broken; no Faculty necessary, but where is a standing Law disabling the Party to do what he desires to have a Fa
[...]ulty for, that he may be enabled to do. No Rescript is, but from a Supreme Prince; no Delegacy, but from a Superior to an Inferior; for the Pope is Superior to his Legate, though he be
Legatus à Latere; and the highest preferment this Popish Act of Parliament allows the King, is, to be the Arch-Bishop's Legate; then the Act having made him Supreme to the Legislative, Law, and King, gives him as high Supremacy over the Judicial Power in all Courts, as well Spiritual as Temporal, which is, Supremacy over the Parliament, which is a Court-Temporal. This Act therefore doth set up more than Prelacy or Arch-Prelacy at
Canterbury, for that was there before, and the Gyants had piled up
Pelion on
Ossa already, and now they steeple it with
Olympus, and if they set not on the Gyants head the Triple Crown, 'tis sure they have the Triple Miter three stories high, of Prelacy, Arch-Prelacy, and Supremacy. When the Arch-Bishop got therefore of the Parliament this Act, he was something like the
Carpenter who begg'd of the Wood only one
Helve long enough to turn his Hatchet into an Ax, and when he had got that, he cut down the whole Wood, for he having now got so long a
Helve to his
[Page 398]Spiritual Hatchet, as Supremacy over the Marriage, not only of the old Palm Trees, and Legitimations of the young, at his Discretion (that is to say, if they give him whatsoever Money he asks for Dispensation and Legitimation) this gives him likewise Power to strike both at Root and Branch of all the Royal Protestant-Cedars themselves, in the Popish Points of Ceremonial Marriage and Legitimation, endeavour'd now to be brought to the true Test of a more Supreme Law and Judg than his, the Moral Law of God himself. How therefore the Protestant can safely Swear in Conscience, the Supremacy to be only in the King, when so great a share of it is granted to the Arch-Bishop by the King and Parliament; until the same Act of Parliament of 25.
H. 8.21. by which 'tis done, is Repealed, I confess my Ignorance, and, if it be without cause, crave Pardon.
(7.) The Party who is to Swear who is the only Supreme Governour, must be intended to Swear either who is Supreme
De Facto, or
De Jure; if
De Facto, who hath the Actual Power of the Sword, it may happen to be in a time of War, when two Armies are in the Field, and
Inter utrum
(que) Volat Dubiis Victoria pennis. It is necessary at such a time, that the Swearer, unless he will Forswear himself, be a Prophet; of whom there are not many in this Age, amongst such as take the Oath of Supremacy; if it be said the Swearer ought to Swear
De Jure, who hath Right to be only Supreme Governor, to this is Answer'd, (1.) Unless he can Swear to the matter in Fact, he cannot Swear to the matter of Law or Right, for
Ex facio jus Oritur, all matter of Law must arise from the matter of Fact, therefore the Fact must be first known, before the Right can be known, which is to be deduced from it. (2.) The Right, when the Oath is required, may be as to Succession of the Crown; wherein the matter of Fact depending only on Genealogies, the Heralds themselves, especially after Wars, may not be able to make any clear probation of the Descents; as
Ezra 2.62. and
Nehem. 7.64. it is said,
These sought their Register among those that were reckoned by Genealogie, but it was not found: therefore were they, as Polluted, put from the Priest-hood. If therefore the Genealogies of Priests who wore themselves the Registers, and kept their own Descents as curiously as was possible, may be lost, much easier may those of the Lay; and the Law and Divinity may likewise be so doubtful, that it is justly acknowledged by the King and Parliament themselves, 25.
H. 8.22. That Ambiguities and Doubts touching the Successions of the Crown, have been Causes of much Trouble, and no perfect and substantial Law hath been made for Remedy of the same; and accordingly at the Death of Queen
Elizabeth, there were no less than Sixteen
[Page 399]titles endeavour'd to have been set on foot to the Succession, partly by Papists to overthrow the Protestant-Religion, partly by others to overthrow the Union between the two Kingdoms, in the Person of King
James, in which the Protestants of both were so much concern'd, and others for their own private Ambition; if therefore Parliaments themselves have not, or shall not sufficiently clear Ambiguities and Doubts, to answer so many pretences; How can it be expected that Ignorant people can clear the same, upon their Oath or Conscience? (3.) It is permitted to Grand Juries, when it doth not appear to them whether the Bill is true or false, to find an
Ignoramus; and where the people are totally Ignorant, both of the Fact and Law of Supremacy, why ought they not to be allowed the same Equity according to the Truth, to Answer
Ignoramus? (4.) It is against the known Maxim, That
Only matters of Fact can be Testified by Witnesses, and matters of Law or Right cannot be Testified but by the Law it self.
(8.) An Usurper or Idolater may happ
[...]n to get the Possession of the Crown; How then can a Protestant Swear to the Right of the first in Temporals, or of the second in Spirituals?
(9.) It doth not appear how a Protestant may Swear, That no Foreign Prince or Person ought to have any Power, Authority or Preheminence Ecclesiastical within this Realm, and that he doth renounce all Foreign Power; in regard it may so happen, that a Protestant-Prince hath, or may be born beyond Sea, and be a Foreign Person, and yet on failure of a Lineal Heir, may happen to be the next right Heir to a Protestant King after his Decease; it may seem therefore to cross Gods Providence, to Swear to Renounce or Abjure all Foreign Protestant-Power as to the Succession; for the Oath puts no distinction between Protestant and Papal Power, but Renounces all alike, if they are Foreign Persons.
Of the Mischiefs which ensue a false Test between Protestant and Papist.
(1.) By the same, Power is given to the Favourers of Popery, to turn the Edg of all the Penal Statutes made and intended against Papists, to destroy the Protestants, and the Preteritions and Pardons intended the Protestants, are wholly apply'd in favour of the Papist; the Plagues designed against the
Aegyptians, are wholly let loose on the
Israelites; and the Passeover to which were invited the
Israelites, is made only a Feast for the Papist. So did Bishop
Bancrost, in the time of Queen
[Page 400]
Elizabeth, persecute all Anti-Papist-Protestants under the name of Puritans, and Protected all Dominican Priests, Seminaries and Papists; under pretence of Opposing the
Jesuits, by pressing the false Tests of Recusancy to Pray in a Temple, to Pray after the Common Form, to Receive the Sacrament after the Common Form, to take the Oath of Supremacy, to use all Episcopal Ceremonies in the Worship of God, and the utmost Rigor and Penalties of such Recusancy against the Anti-Papist Protestant, who hath been the only Counterpoise against the Papist, that he hath not over run the Land; and giving Protection to Papists against the very same Tests and Penal Laws, so furiously Prosecuted against the Anti-Papist Protestant. So did the subtle
Gundamore give a new Whet to the High-Commission-Court, and turn'd the Edg of the same Originally intended against the Papists, to be against the Anti-Papist Protestant. And since Bishops have been discharged of that Commission, yet the same Course of
Bancrofts and
Gundamores hath been still continued against the Anti-Papist-Protestants, as then under the name of Puritans, so since under the name of Fanaticks; such Protestants have had the Penalties of Recusancy laid on them, when Papists have Compounded for Trifles, or been absolutely Pardon'd, such Protestants have had the Oath of Supremacy forced on them against their Conscience, when Papists have neither had Supremacy nor Allegiance required of them, nor their Consciences troubled, but have remained absolutely unsworn, from so much as any Oath of Fidelity, unless to Foreign Princes; such Protestants have had their Houses utterly Disarmed, and not so much left as sufficient to keep out a Thief, when Papists have had their Houses full of Arms, and not so much as searched; such Protestant's Children have been, by the Usurped Power of Bishops Certificates, made Bastards, because not Married with the Ceremonies of the
Book of Common Prayer; and this they have done by pretence of the Canon of the Council of
Trent, a Foreign Jurisdiction, long since abolish'd by Act of Parliament; but such Bishops have never troubled Papist's Marriages made by Priests or
Jesuits, with
Romish Ceremony, nor Null'd them, or Bastardized their Children; such Protestants have been Excommunicated, Cursed, and given to Satan, when a Dog hath not dared (against Papists) to move his Tongue; such Protestants have been Confiscated, and cast into Prison, when Papists have Triumphed in Liberty and Propriety.
(2.) Many Able, Loyal, Zealous, Protestant-Ministers are hereby Excluded from Preaching, and Teaching the Gospel.
(3.) Many able Loyal and Useful Instruments, both in Civil and Military Offices, who are Protestants, are Excluded, and the King and Parliament deprived of their Service.
(4.) The Offices and Arms of the Three Kingdoms are ingross'd into the hands of Persons Recommended by Papists.
An Essay of the Form of a Test, whereat it seems no Protestant can scruple.
I A. B.
do utterly Testifie and Declare in my Conscience, and in the presence of God, and do believe that the Pope or Bishop of Rome,
or any Bishop on Earth, is not the Head of the Catholick Church, nor of any National Church of England, Scotland
or Ireland,
and that they are not Infallible; and that all such Popes and Bishops as pretend to Supremacy, either Spiritual or Temporal, or Infallibility, without a Sign of Mission from God, are Hereticks. I believe that the Host Consecrated, Crucifixes, Images, Idols, Reliques of Saints, or Saints themselves, ought not to be Worshipt, or Prayed to, in Publick or Private; and that the Mass is Idolatry. I believe neither Popes nor Bishops have any Power or Mission from God to Exact Auricular Confession, or to Impose Penance, or to give Absolution, Indulgence or Pardon of Sin, or to Redeem from Purgatory, or to give or sell Heaven or Paradise, or any Place in the same, or to Excommunicate, Curse, or Deliver to Satan. And I do therefore utterly Abjure and Renounce all Absolutions, Indulgences, Pardons of Sins, and Redemptions from Purgatory, given, or to be given by any such said Popes or Bishops, or any deriving Authority from them, and defie all their Excommunications. And I do Promise and Swear to be True and Faithful to our Sovereign Lord the King, his Heirs and lawful Successors. So help me God.
Whether any Test of the Conscience ought to be Penal, either to Protestant or Papist.
It seems not:
(1.) Because to Plant Religion by Penalty, is to Plant it by the Sword, whereof Christ gave neither Precept nor Example, but rather a Prohibition Implicit in his Express Command to
Peter, Matth. 26.52.
Then said Jesus unto him, Put up again thy Sword into his place: for all they that take the Sword, shall perish with the Sword. Which
[Page 402]though it prohibit not lawful Defence to those who have the Power of the Sword, which
Peter had not; yet it prohibits unlawful Invasions; amongst all which, that of Conscience is the greatest, with a Denunciation of the ill Success shall follow, sufficiently verified in the many Examples of Emperors and Princes, when they went to make War against such as Defended their Conscience.
(2.) To Plant Religion by the Sword, is a Relapse to Popery, and we commit that Crime our selves, which we impute to be the highest in them.
(3.) Error in Conscience is not in the Power of the Party to Redress; it is unjust therefore to Impose a Penalty for what was not in the Parties Power to prevent before, or amend after.
(4.) Thoughts ought not to be punish'd by men before they break into External Acts or at least discover themselves by Words or Deeds to External Witnesses.
(5.) Tests Penal are no other than the
Romish Inquisition, compelling men to accuse themselves Criminally, or to commit Perjury to avoid it, or to rebell to Defend themselves against it.
(6.) Protection is the more Honourable, which is hence given the Consciences of Foreign Protestants against Foreign Papists, by how much the more merciful the dealing is of the Native Protestants here, towards the Consciences of their Native Papists.
(7.) If a Test is made Penal it ceases to be a Test, for men will Swear contrary to their Consciences to avoid the Penalty; whereas, if no Penalty on Confession, they would confess the Truth.
(8.) This will Punish the Innocent together with the Nocent, there being many of the poor sort of Papists who Curse the Covetousness of their great Ones, who take Bribes, Gifts, and Pensions to themselves, and leave the Inferiors exposed to all the Dangers.
It is a sufficient Use of a Test therefore, if it only Dis-Office the Papist, to preserve the Publick Government in Protestant-hands.
Whether Papists or Protestants ought to be Compell'd to Confession of Faith, or any External Form, or Ceremonies of Worship, against their Conscience, by Penalties?
It seems not:
(1.) Because a Non-Compulsion is not an Approbation,
Non enim idem est ferre aliquid ferendum & probare si quid probandum non est. Cic. Fam. Epist. L. 9. Ep. 6. Neither is it as much as a Toleration of the
[Page 403]Popish Forms of Worship, either of Images, Idols, Crucifixes, Crosses, Beads, Reliques, Masses,
&c. But all Acts of Parliament remain in as full force against these Superstitions as before, and the Command of Scripture as performable,
Deut. 12.2.
Ye shall utterly destroy all the Places wherein the Nations, which ye shall possess, served their Gods, upon the high Mountains, and upon the Hills, and under every Green Tree. And you shall overthrow their Altars, and break their Pillars, and burn their Groves with Fire, and you shall hew down the Graven Images of their Gods, and destroy the Names of them out of that Place. But a Non-Compulsion amounts to no more than this, That the Penal Acts against Recusancy and Non-Conformity may be laid aside equally, as to Papist and Protestant, which destroy all Conscience in both.
(2.) Because a Non-Compulsion doth not hinder but advance a Publique free Worship, according to such Form and Ceremonies as shall be allowed by the King and Parliament, only it frees from Force, and takes away the Usurpt Supremacy of the Bishops, of Forming Godliness into Gain, by restoring it to the Legislative Power of the King and Parliament.
(3.) Recusancy is easier foil'd by giving way, than contending; and Conformity easier won with Lenity, than Rigor;
Vitia quaedam faciliùs tollit Princeps si patiens eorum est, saith
Senec. de Clementia.
Cede repugnanti, cedendo Victor abibis.
Minus placet magis quod suadetur, quod dissuadetur placet.
Plautus.
Noli Vitia irritare vetando.
Vidi ego nuper equum contra sua fraena tenacem,
Ore reluctanti fulminis ire modo.
Constitit, ut primum Laxatas Sensit habenas,
Fraena
(que) in Effusa Laxa Jacere juba.
Ovid.
I saw my self an Horse curb'd with a Bit,
To flie like lightning in despight of it:
But still he stood, as soon as he no Check
Felt, and the loose Reins cast were on his Neck.
(4.)
Chrysostome Hom. 19.
in Matth. saith,
Do the Sheep persecute the Wolf? No, but the Wolf the Sheep. Whence appears, that those Protestants who persecute Dissentient Protestants for their Conscience, are Wolves in Sheeps Clothing, and to be Censur'd far worse than the Papists, who do it openly in the Form of a Wolf.
(5.) Thy own Conscience is not Infallible, nor Immutable;
Let him that standeth take heed lest he fall. It were a great shame therefore to be over-violent in that from which thy own Conscience or Practice may perhaps
eftsoones be Changed.
(6.) Non-Compulsion to discover it self to punishment, is the best Right that a Conscience so Innocent, as abstains from discovering it self only that it may not thereby offend, can crave.
Tacere liceat, nulla Libertas minor à Rege petitur. Senec. Oedip.
Govetousness the only cause of Compulsion of the Conscience to Confession of Faith, or Form of Worship.(7.) The Final cause of Punishing Consciences which are silent, and offend not, is only Insatiable Covetousness, which can pretend no other cause or colour of taking the Spoils of Innocents.
Thus Popes and Bishops Rob and Murder the greatest part of Christendome, under the name of Hereticks: And the
Turks the greatest part of the World, under the name of Unbelievers; and
Mahomet, after he hath in many places of his
Alcoran, incited his followers to Fight with, Kill and Slay such Unbelievers, and take their Goods and Lands from them, wherever they can find them; he Commandeth them to bring a share of the Spoils to the Prophet, meaning himself, and saith further,
Alc. cap. 61.
God loveth those who Fight in Rank and File for his Law. And what other Doctrine and Practice do Popes and Bishops Preach and Act, but the same, which shall take the Spoil of the miserable People they get under their Power, for no other Crime but their Conscience; for this they contend one with another, and offer Force to destroy the Conscience it self, and Body and Soul with it, so they may Seise their Prey of Goods and Lands, as
Jezabel did of
Naboth, 1 Kings 21.8.
So she wrote Letters in Ahab's
name, and Sealed them with his Seal, and sent the Letters unto the Elders and Nobles that were in his City, dwelling with Naboth.
And she wrote in the Letters, saying, Proclaim a Fast, and set Naboth
on high among the People; and set two men, Sons of Belial
before him, to bear witness against him, saying, Thou did'st Blaspheme God and the King. And the men of his City, even the Elders, and the Nobles, who were the Inhabitants in his City, did as Jezabel
had sent unto them: They Proclaimed a Fast, and set Naboth
on high among the People. And there came in two men, Children of Belial,
and sate before him: and the men of Belial
witnessed against him, even against Naboth,
in the presence of the People, saying, Naboth
did Blaspheme God and the King. Then they carried him Forth out of the City, and stoned him with stones, that he Died. Whence is to be Noted, (1.) That the Whore of
Babylon imitates
Jezabel, in sending Letters in the Kings name; for so are all
Excommunicato Capiendo's, and
Haeretico
[Page 405]Comburendo's in the name of the King in whose Dominions they are Granted, and Sealed with his Seal. (2.)
Jezabel pretended Religion, Proclaimed a Fast, and accused of Blasphemy; so do the Ministers of the Whore pretend Religion wholly and solely in those Writs. (3.) In this they are worse than
Jezabel, for she accused only of Blasphemy, which is an External Act, and if there had been any such thing, it had been possible to have been witnessed, but these punish and destroy for Internal Thoughts and Conscience. (4.)
Jezabel accused of Actual Blasphemy against God, which is
Malum in se, and against the Moral Law; and though
Ahab and she were both Idolaters, yet did not accuse
Naboth; That he was a Recusant or Non-Conformist to come to the Temple of their Idol, or to join in their Common-Prayer before it, or would not bow to their Altar, or observe their Ceremonies; nor do we find amongst all the Idolatries amongst the
Israelites, that any was compell'd by Force to Worship them, neither could there have been Seven Thousand who had not bowed the Knee to
Baal, had there been Penal Statutes against Recusancy or Non-Conformity; but the now Masters of Ceremonies are worse than
Jezabel, who destroy men unless they will break the Moral Law, bow to Idols and Altars, and obey the Ceremonial Law of men above the Moral Law of God.
(8.) That the sole end of Compulsion to Forms of Worship or Confession of Faith, is to get Money, and not the Glory of God. Take these farther Examples, in the Primitive times,
Anno 346.
Eustathius Bishop of
Sebastia, a man of great reputed Integrity and strictness of Life, being a Dissentient from the common practice of other Bishops, absented himself from the Publick Conventions, where things were practised against his Conscience; and kept Meetings in Private Houses, Preacht and Administred the Sacrament, not in the places and manner appointed by the other Bishops Cannons; they seeing their Gainful Canons and Orders like to be laid aside, Conspired together at the Council of
Gangra and
Antioch, making severe Canons of their own, and likewise pretending Apostolical Canons against all Bishops or Presbyters (for so were they called) which should be Non-Conformists, that they should be Excommunicated and Deposed, not regarding though to Acts against their Consciences, and not Commanded by the Moral Law of God; but though this Corruption crept in, even in the Primitive times, amongst those who called themselves Christians, and the misery of Iniquity did then begin to work, 2
Thes. 2.7.
And there were then many Anti-Christs, 1
John 2.18. Yet no Example or Precept could they pretend from Christ, or his Apostles,
[Page 406]for these Anti-Christian and Anti-Apostolical Canons, Coin'd to get Money, and Compulsory to Consciences, either to destroy themselves by Acting contrary to their own Light, or openly to accuse themselves, to be destroyed by others; where did Christ (who abolished all Ceremonials, and Declared the Worship of God to be in Spirit and Truth) make so much as one Canon against Recusancy to Pray in Temples, or Non-Conformity to Prayer in Forms? Where did Christ or his Apostles make one Law or Canon Compulsory to the Conscience in Form of Worship, or with the Penalties of Confiscation, or Excommunication hanging at the tail of it? where did they ever make so much as one such Canon of
Marriage, the matter now in Controversie? or, where did Christ, or any Apostle of Christ, so much as Marry one Couple, or give Authority to any Priest to do it, or to receives Fees for the doing? who would never make Canons to compell the Conscience to that, or any thing else, were it not to get Money.
Cyrillus, who passes for a Father of the Church, getting to be Bishop of
Alexandria, Anno Dom. 4.18. turn'd out all the Novatians out of their Churches there, they being Non-Conformists to his; and the chief matter objected against them, was, They were against Bishops, which might have satisfied a Successor of Christ, who pretended only to lay up Treasure in Heaven, where neither Moth nor Rust doth Corrupt; but he Rifled all the Treasure from those Churches, and from their Bishop or Presbyter all the Substance he had, and like a new Broom swept all clean into his own Coffers,
Socrat. lib. 7.
cap. 7. How far different from the Example of Christ, who though he whipt the Buyers and Sellers out of the Temple, and overthrew the Tables of the Money-Changers, took not one Penny of the Money; but Bishop
Cyrill aim'd at the Monopoly of the Trade to himself here on Earth, and left the Treasure in Heaven to Christ.
Theodosius Bishop of
Synada a City in
Phrygia, was a great Scourge to Non-Conformists, whom he called Hereticks, but he persecuted them not out of Zeal, but Covetousness to wring Money from them; wherefore to that end there was no Device but he practised; and to afflict them the more, he put them in Fetters to hold up their hands at the Bar,
Socrat. lib. 7.
cap. 3. But while
Theodosius went to
Constantinople, to obtain greater Power yet to Squeez Dissentients and Non-Conformists, and particularly those who were against the Faith of one Substance; and had above all other Persecuted
Agapetus a Bishop of a contrary Faith;
Agapetus in his absence, to gain his Enemies Bishoprick from him, turn'd to be of the same Faith with his Enemy, and acknowledged one Substance of the Father and Son, and who before was an
Homoiousiast, became now an
[Page 407]
Homousiast, and obtain'd thereby the Government of the Diocess, Churches, and City of
Synada; shortly after,
Theodosius return'd home from
Constantinople to
Synada, and brought with him the Authority from the Lieutenant, whereof he bragged not a little, that he had enough to Pepper the men to the purpose, who were not of one Substance with him; and being Ignorant of all the things which were done in his Absence, he straight way went to the Church, where he found but small welcome, for the Doors were made fast against him; and after he knew their Dealing, again he posteth to
Constantinople; there he bewail'd his State to
Atticus the Bishop, and open'd unto him, That he was Injuriously Thrust from his Bishoprick;
Atticus apprehending that all fell out for the Profit of the Church of God, endeavour'd to pacifie him with mild and courteous Language, Exhorting him to embrace a quiet Life void of Trouble and Molestation, and not to prefer his own Gain and private Lucre above the Publick Profit and Peace of the Church; and thereon writ to
Agapetus, willing him to enjoy the Bishoprick, and not to fear at all the Displeasure of
Theodosius, Id ib. By which appears, though Bishops call themselves Angels and Messengers of God, yet are they not like them, of whom it is said,
Luke 15.10.
There is joy in the presence of the Angels of God, over one Sinner that Repenteth. Nor though they call themselves Shepherd; of the Flock, are they like the good Shepherd of whom Christ speaketh,
Matth. 18.12.
If a man have an Hundred Sheep, and one of them be gone astray, doth he not leave the Ninety and Nine, and goeth into the Mountains and seeketh that which is gone astray? And if so be that he find it, Verily I say unto you, he rejoiceth more of that Sheep, than of the Ninety and Nine which went not astray. Nor like Christ, who saith,
John 8.50.
I seek not my own Glory. Nor like
Paul, who saith, 2
Cor. 12.14.
I seek not yours, but you. And
Hebr. 13.14.
Here have we no continuing City, but we seek one to come. Nor like those he saith died in the Faith,
Hebr. 11.13.
Not having received the Promises, but having seen them afar off, and were persuaded of them, and embraced, them and confessed that they were strangers and Pilgrims on the Earth. For they that say such things, declare plainly that they seek a Countrey. And truly if they had been mindful of that Countrey, from whence they came out, they might have had opportunity to have returned: But now they desire a better Countrey, that is, an Heavenly. None of which Examples, would the
Alexandrian or
Syadan Bishop, nor many others follow; nor do they with their Penal Tests, Forms and Ceremonies, Persecute to Convert, but to Pervert; and to that end form their Tests, Oaths and Ceremonies, as contrary to Sense, Reason and Conscience,
[Page 408]as they can possible; and as numerous as they are in the 39. Articles, that they may have all either under blind obedience, and take Arbitrarily from them what they please, or if they will not Renounce their Sense, Reason and Conscience, they may have a pretence to Plunder them of their Goods; and a Terrible Disappointment it would be to Bishops and their Chaplains, if all Ministers should have turn'd Conformists to their Faith, Oaths, Subscriptions and Ceremonies, for then would all Pluralities have been supplied with single Incumbents Residents on the Places, and perhaps the greater part of the Bishopricks and Benefices, with men more above Exception than many of the Possessors may be; and there might have been many
Peters in the Church, yet not a
Simon found amongst them.
(9.) There ought to be no Compulsion used to Papists to Pray in a Temple, because it is already proved to be Prohibited by Christ, for any to Pray in a Temple or publick Place, except the Parties are agreed.
(10.) It is a Compulsion many times of a doubtful Conscience, either to Sin or Damnation, as some have doubted,
Rom. 14.23. or Martyrdom, or Hypocrisie, to save their Lives or Goods.
(11.) It is as great a mockery of God, to force men to play the Hypocrites in Ceremonies or Prayers, against their Consciences, in a place of Publick Convention, as to drive Horses and other Cattle into the Church at the time of Prayer there; and as
Banks did his Horse, make them fall on their Knees, and Worship the Cross.
(12.) Compulsion of Papists or Protestants to Forms of Common-Prayer, deprives them of the Benefit of being taught the Gospel, by Reason that no distinction of the place and time of Prayer and Preaching is made, according to the Examples and Precepts of Christ, already shewn; for all the Common-Prayer being Formed by Popes or Bishops, is chopt into so many pieces of Prayers, Chapters, Lessons, Responds, Letanies, Psalms, pieces of Epistles, pieces of Gospels,
&c. as Confound both Method and Memory; and thereby, while the People endeavour to Pray and Learn both at once, they can do neither effectually.
(13.) Compulsion to Common-Prayer deprives both Papist & Protestant of the Benefit of either Reading, or Hearing the Scripture Read. (1.) Because it is Read in such a mangled immethodical way, neither according to the Contexture of the History, nor according to the Titles of a
Concordance or
Polyanthy, but both Examples and Precepts broken off confusedly from what preceded or followed them, whereby they are made unintelligible, and not again joined with such
[Page 409]of one another, as should mutually expound them, and both Prayers and Psalms are Read in such a Canting Note in Cathedrals, as they are not intelligible; so, as there is no human Author, Art or Science Read or Taught so confusedly, immethodically and Cantingly, as the Scripture, whereby such as cannot Read themselves, never hear the same Read in any Edifying way their whole Lives, which is done only on design of gain, to make more Dissentient Ministers, and fewer of the Trade. (2.) Those who are able to Read themselves, are thereby deprived of the Reading the same at their Homes; the Papists by their own Priests being not suffer'd to have an
English Bible in their Houses, and the Protestants in
England being not suffer'd by their Priests to keep themselves at their Houses; whereas in
Holland many Devout & Pious Protestants never go to Churches to hear the Scripture Read, but Read the same on
Sundays at home at their own Houses, and are far more ready and skilful, and more Pious in practice of the same, than those that do Repair to the Publick Reading; neither is there any man Compell'd to Church or Chappel there, but may if they desire, follow the Precept of Christ, to Read or Pray privately in their Closet; and the Example of the Primitive Christians, amongst whom there was not a Temple or Altar for neer 300 Years after Christ, till
Constantine corrupted them to set up Cathedrals. (3.) Many things in the Common-Prayer being offensive to many Consciences, I dispute not whether weak or strong, or whether they are offences given or taken, but being offensive to many, such as are offended, and who would gladly come to the Church to hear the Scripture Read by it self, or Expounded in an Exposition, or Lecture, or Sermon, if the same were done as Christ always used to do it, in a Synagogue, without Prayer mixt with it (the Reasons whereof are sufficiently before shew,
p.
[...]) but some Consciences scrupling to mix any Prayers with Preaching in a Synagogue contrary to the Precept of Christ; & others scrupling the Forms of Common-Prayer, whether single, or mixt, they lose the hearing of Scripture Read, because they shall be forced to hear such Prayers as offend them Read or mixt with it; & as long as they are compell'd, how can it be expected, but the number of Non-Conformists will be far greater than Conformists.
Nonconformity to the Prayer before Sermon.(14.) As the mixture of Common-Prayer deprives both Papists and Protestant of the Benefit of hearing the Scripture Read in the Historical Contexture and Order, wherein it was left written; so the Prayer before Sermon deprives them of the Benefit of hearing the Scripture Expounded, either in that Method and Order it was left written, or in any other Order or Method appointed by the King and Parliament, of such matters as are necessary to Salvation, and tend most to the Peace
[Page 410]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
[Page 412]
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 Rule of great incertainty to Judg Heresie.
Council of
Chalceldon.The last of the Four was the Council of
Chalcedon in
Bithynia, which was called by the Emperor
Martianus, about the Year 455. whereat the Emperor was present in Person, and 630 Bishops and Reverend Fathers from the greatest part of the World. What a work is here, who should Judg Heresie? yet they never placed the Power of Judgment in the Right hand; neither will it be possible to be taken out of the Wrong, nor did any of these Emperors (nor shall any else dare do it) as long as Bishops continue hired with their own Treasure and Revenue, and their own Temporal Sword deliver'd into their hands, for
Rome and
Constantinople to Fight for Supremacy over themselves, and to Sentence and Judg them and their Subjects (as
Rome hath done since it obtain'd Supremacy) at their pleasure. The Bishop of
Rome had at this time got a Bishop at
Constantinople placed for his purpose, who was content to acknowlege the Supremacy of Judging Heresie to be in the Bishop of
Rome, or any else, if he might be Second, and enjoy so Fat an Office as to be Bishop of
Constantinople; but the City differ'd from their Mercenary Bishop, who was call'd
Anatolius, and disdaining in their Religion to bow to
Rome, set up
Eutyches an Abbot or
Archimandrite of
Constantinople, to publish a Doctrine,
That Christ had no Humane, but only a Divine Nature in him, To suppress which Opininion,
Flavianus, a former Bishop of
Constantinople; had moved the Emperor.
Theodosius the Second to call a Council at
Ephesus, Anno. 449.
[Page 413]wherein
Eutyches was Condemn'd by
Flavianus, yet by the help of
Chrysaphius the Eunuch, and
Endoxia the Empress, who favour'd that opinion,
Theodosius was prevailed with to make another Synod Judg of this Heresie, which was again Summon'd by the Emperors Authority at
Ephesus, and
Dioscorus of
Alexandria made President, at which Synod
Eutyches is again cleared, and declared Orthodox, and
Flavianus opposing it was so, upon that Three Days after he died, and all this being done in the Council of
Ephesus, Anno 449. in
Theodosius's time, was again Repealed and Abrogated,
Anno 455. in
Martianus's time, at the Council of
Chalcedon, And
Leo the First Bishop of
Rome, by the help of
Anatolius Bishop of
Constantinople, and his other Pensioners, carried the Day for Supremacy of Judgment, and Punishment of Heresie; and
Anatolius, and the See of
Constantinople was to be only next in Dignity to the Infallible Chair of
Rome.
Considerations on the Judgment of Heresie when assumed by Bishops, according to the Four first General Councils, if it make them suspect to be Papists, and not sit to be Prayed for in Publick.
(1.)
Coke says this Parliament 1.
Eliz: 1. was doubtful what they ought to determine Heresie and Schism, and what not, which was as much as the Bishops needed to desire, that the Layity might be Ignorant, and they have Power to keep them so, and Heresie a Quaere to be Judged by themselves,
pro Arbitrario.
(2.) It appears that the Pious Queen, the Dawning of the Reformation but newly entring with her, she could not suddenly Dispell the Darkness yet hanging over her own Protestant Party, nor the Blacker Clouds gathering from Foreign and Native Papists against her, nor resist her own Bishops designing to continue those Privileges of Profit, translated by—from
Rome to
Canterbury; for certainly if the Protestant Party had understood, That the Four first Councils had adjudged all those to be Hereticks who would not Worship Images, and had been able to have over-Voted the Popish Party and Bishops, they would never have given them Power to Judg Heresie according to those Idolatrous Councils, for thereby they might Sentence them and all Protestants that were against Images, to the Stake.
(3.) The Bible was but little before Translated into
English, yet to keep it more dark still, than if it had continued in
Latine, they who alledged themselves Protestant-Bishops, sent the People to Learn the
[Page 414]same of
Greek Councils, and to Read there the Law of Heresie, while they Judged them at home in their
Latine-Law and
Latine-Courts the mean while.
(4.) They equal Councils with Canonical Scriptures, that their Convocations and Provincial Synods may have the same Authority.
(5.) They equal their Convocation with the King and Parliament; for the words of the Statute are,
or Determined to be Heresie by High Court of Parliament of this Realm, with the Assent of the Clergy in their Convocation: Knowing if the Miter once get equal, 'tis but one step more to be above the Crown.
(6.) By those words they Constitute to themselves the Power of a Negative in Legislation, against the King in Parliament, and the two other Estates, which makes them a Fourth Estate in the Legislative Power, knowing, such Fourth Estate, like the Fourth Beast in
Daniel, may easily Devour all the rest.
(7.) They Judg, since no Commissioners were made, every Bishop in his Diocess a Judg of Heresie
Jure Divino, and they by their own Popish Canons and the old Popish Acts against
Lollards, who were the followers of
Wickliff, and the Primitive Protestants, and the Proto-Martyrs of
England, Judged Protestancy to be
Lollary and Heresie; and all the Sheriffs of
England take an Oath with all their Power, to Destroy all Heresies and Errors, commonly call'd
Lollaries, which is Protestancy, and to assist the Bishops in the same, whensoever by them Required, whereby they have the whole Military Power at their Command, to Judg and Destroy Protestants as Hereticks.
(8.) They Judg Heresie by their own Ceremonial Laws and Canons, whereby they Arrogate a Power above the Moral Law of God, by which alone all Heresies and Schisms, and all Error and Truth ought to be Judged.
I conclude therefore, That such Bishops, if there are any such, as Exercise all these ways of Popery, many Protestants may happen to suspect them to be Papists for their profit, and therefore scruple to join with their Chaplains in their Prayer before Sermon, for God to speed them.
It will not agree with the Consciences of many Protestants, to join with the Chaplain in publick Prayer for his Patron, (1.) Because all Patronages were invented and erected by the Pope and Papal Laws,
all Patroage came from the Pope. and the Strength and Riches of all Popery consists in Patronages, or Power of Presentation to Cathedral, Collegiat, Parochial, or other Religious Churches or Houses. (2.) It is very unjust, that any who must pay the Lawyer or Physician his Fees, should not have Election of
[Page 415]such a one of either, as he can Trust; and much more as to a Divine Lawyer, and Physician of his Soul, that any should be Imposed on him whom he cannot Trust, and who may perhaps Poison him in the Sacrament it self, of which Examples have been already Cited; but the Chaplain who Prays for the Patron, is obtruded on the Pay of the Parish without their Assent, and the Patron many times pays him not a Penny, but Sells to him his Presentation, and Exacts so great a Sum for it, as brings him in Debt as long as he Lives, which makes him rather Prey on the Flock, then Pray for it, and to be in perpetual Contention, rather than Peace. (3.) Admit the Parish should happen to be all Poor, and the Patron by Depopulation, Impropriation, Inclosure of Commons, and other Oppression, Gets all, and Pays all; yet it is just the Parish should Elect their Minister, and not he; for Christ sends it as Glad Tidings to
John, Matth. 11.5.
The Poor have the Gospel Preached to them, and saith nothing of the Rich, Christ pronounceth all his Blessings on the Poor,
Luke 6.20.
Blessed be ye Poor: for yours is the Kingdom of God. Blessed are ye that hunger now: for ye shall be filled. Blessed are ye that weep now: for ye shall laugh. And
James 2.5.
Hath not God chosen the Poor of this World, Rich in Faith, and Heirs of the Kingdom, which he hath promised them that love him? Dan. 4.27.
Wherefore, O King, let my Counsel be acceptable unto thee, and break off thy sins by Righteousness, and thine Iniquities by shewing Mercy to the Poor. Prov. 29.14.
The King that faithfully Judgeth the Poor, his Throne shall be Established for ever. 2 Cor. 9.9.
He hath given to the Poor, his Righteousness remaineth for ever. And
Matth. 19.21.
Give to the Poor, and thou shalt have Treasure in Heaven. But Christ never pronounceth to the Rich any thing but great Dangers and Woes,
Matth. 19.23.
Then said Jesus unto his Disciples; Verily I say unto you, that a Rich man shall hardly enter into the Kingdom of Heaven. And again I say unto you, It is easier for a Camel to go through the Eye of a Needle, than for a Rich man to enter into the Kingdom of God. Luke 6.24.
Woe unto you that are Rich: for ye have received your Consolation. Woe unto you that are full: for ye shall hunger. Woe unto you that laugh now: for ye shall mourn and weep. Isa. 5.8.
Woe unto them that join House to House, and Field to Field. And
James 5.1.
Go to now ye Rich men, Weep and Howl for your Miseries that shall come upon you. Your Riches are corrupted, and your Garments moth-eaten. Your Gold and Silver is cankred, and the rust of them shall be against you, and shall eat your Flesh as it were Fire. Now if the Rich should chose the Chaplain for the Poor, he would be apt to Preach contrary to Christ, totally in favour of the Rich, and not reprove but animate them in their oppressions
[Page 416]of the Poor, which is too notorious in the Chaplains, both of Ecclesiastical and Lay-Patrons; wherefore if Patrons have more than their single Votes in Election of the Minister, the poor Parishioners may expect such Law as is mention'd,
James 2.6.
Do not Rich men oppress you, and draw you before the Judgment-Seats? But they shall never have such Gospel as Christ Preach'd, and appointed to be Preached to the Poor, nor such Law as he denounced against the Rich. (4.) The Chaplain in his Prayer before Sermon tells God so many Lies to his Face in commendation of his Patron, that surely it must be a meer Mockery of him, for he calls him his Grace, his Excellency, Right Honourable, Right Worshipful, Pious, Virtuous, and his Very Good Lord and Patron, when sometimes he is a Person of the most Vile, Unworthy, Sordid and Wicked Conditions on the Earth. (5.) He gives him more Magnificent Appellations than to God himself, for though he ingeminate many times in his Prayer, Good Lord, and Good Lord, yet he never calls God my Very Good Lord, but reserves that Superlative Title for his Patron; the meanest degree of which greatest Divine Attribute of
Good, Christ himself (to be an Example of Humility) refused,
Luke 18.19.
Why callest thou me Good? there is none Good but one, that is God. (6.) If the Patron is so Very Good, Pious and Virtuous, as the Chaplain makes him, he were more proper to ascend the Pulpit and pray for his Chaplain, who many times proves none of the best, either in Doctrine, or Manners, but was only one who came first and gave most for the Place he hath. (7.) He is rather an Herald hired to proclaim every
Sunday in the Year his Patron's empty Titles, than a Messenger of God to Preach on his Divine Attributes. (8.) By these Parasitical Prayers the Patron is puft up in such Pride and Folly, that he grows like the profane Lord mention'd by
Cambden, who said,
He never needed to Pray for himself, he had so many Priests to Pray for him; and the Patron and Patroness are so fop'd with overmuch Flattery, that they seldom grow wise again as long as they live, to discover those Faults wherein the Priest leads them, and himself blinded to Destruction, and unto the Woe pronounced to them,
Isa. 5.20.
That call Evil Good, and Good Evil, that put Darkness for Light, and Light for Darkness, that put Bitter for Sweet, and Sweet for Bitter. (9.) As is before mention'd, amongst the Primitive Christians the Election of the Minister was always by the Parochial Congregations, till Anti-Christ who began to work very early, deprived them of this liberty of Elections by Endowments and Patronages; the Patrons of which, by this Imposing such Patriarchs, Bishops or Presbyters as they hired, and corrupted for their Turn, and depriving
[Page 417]the Cities and Congregations of the Free Election of their Pastor, destroyed the Purity of Primitive Christianity.
The loss of Election of their own Ministers, destroyed the Primitive Christians. (10.) The restoring again the Election of their own Minister to Parochial Congregations, and liberty of secret Suffrages, would, First, destroy all Popery, for Popery cannot be without Patronages, and the Pope as the Apex of his Supremacy, claims to be Supreme Patron of all Catholick Churches. Secondly, This would prevent all Imposing of Church-Papists to be Ministers to Protestant-Parishes. Thirdly, This would prevent all kind of Symony, either to the Bishop for Ordination, or Patron for Presentation, which is impossible to be otherwise prevented, and such Parochial Election is therefore better both for the Minister and the Parish;
No Patronages in the
Ottoman Empire. and the
Grand Seignior may in this rise in Judgment against Christians, who allows no Patronages to Parochial Cures in his Dominions, but gives Liberty to every Parish to choose their own Priest, to whom he himself pays some small Salarie out of the Publick Treasury.
Liberty of Conscience given Papists, secures Liberty of Conscience to Protestants. The Test of Oaths and Sacrament falls only on the Protestant, and not on the Papist, he hath Offices in Trustee's names. Liberty and Propriety given Papists, secure the Liberty and Propriety of Protestants.The Compulsion of Papists to Confession of Faith, or any External Form or Ceremonies of Worship against their Conscience by Penalties, cannot be done without bringing the Conscience of the Protestant into the same danger with the Conscience of the Papist; for if a Papist is permitted to be Indicted for Recusancy, or Absence from Church, a Protestant may on the same Penal Law be Indicted on the same; if a Papist is punish'd for Non-Conformity to any other Ceremony, a Protestant who as much dissents from that Ceremony as a Papist, may be likewise punish'd by the same, and a
Legem quam tuleras feras be minded against him, and the Protestant be brought in a worse Condition than the Papist, whencesoever any Bishop
Bancroft or
Gundamore gets a Pardon of all Penal Laws against the Papist, and their Execution sharpen'd against the Dissentient Protestant; so if an
Excommunicato Capiendo, and Confiscation thereon be granted to the Power of the Bishop against the Papist or any Heretick, we see by experience it shall not be emitted against the Papist, but only against the Non-Conformist Protestant.
The Compulsion of Papists to Confession of Faith, or any External Forms or Ceremonies of Worship by Penalties, or any illegal Proceedings, which destroy Liberty and Propriety in them, cannot be done without bringing the Liberty and Propriety of the Protestant into the same danger, as the Penalties by Statutes laid to compell Confession of Faith and a Form of Worship, and the illegal proceeding on them, or without them, of beginning Suits with Original
[Page 418]Writs, Law, Execution, Summons before
Oblatio Libelli, Oblatio Libelli before Oath of Calumny,
priety of Protestants. Exaction of Pledges, Bail, Mainprize, Distresses, Condemning before Hearing, Judgment before Probation, Arrest before Judgment, Outlawries and
Excommunicato Capiendo's, are Penalties and Abuses in the Forms of Judicial Proceeding, destructive and impossible to consist with Liberty and Propriety in any Kingdom or State; now if any of these are permitted to Invade the Liberty and Propriety of the Papist,
Tua res agitur, as well as his; it will be impossible for the Liberty and Propriety of the Protestant to escape, such an Invasion suffer'd to break in; unless therefore all the said Abuses are utterly Abolish'd, as well against the Papist as the Protestant, it is never to be hoped that Liberty or Propriety shall be enjoyed by either.
Compulsion to confession of Faith, or Form of Worship, causeth Civil Wars.It is impossible to prevent Seditions and Civil Wars, where there is practised in any Kingdom or State Compulsion of the Natives, who are but numerous enough to Raise an Army, to any Confession of Faith or Form of Worship by Penalties; this Cruelty being practised by
Antiochus Epiphanes against the
Jews, Raised a great Rebellion and Wars against him in that Nation, as long as he lived, which Rebellion continued after his Death against
Antiochus Eupator his Son, but the Son advising with wiser Council than his Father had done, offer'd the
Jews on a Capitulation the Free Liberty of enjoying their own Religion, which granted, they immediately agreed, and concluded a Peace with the King;
Lysias his General, after the Peace concluded Councell'd
Antiochus to put
Menelaus the High-Priest to Death, as the Evil Councellour who had been the occasion of that Rebellion and War, by giving such wicked Councel to his Father to compell the
Jews to forsake their Rellgion; and the King understanding it, sent
Menelaus unto
Beraea a City in
Syria, and Commanded him there to be put to Death, he having before his being sent thither been High-Priest for the space of Ten Years, and made
Alcimus High-Priest in his place; where appears, that to Councel a King to compell a Nation to a Form of Worship contrary to their Conscience, tends only to the Advancement of Episcopal, and not of Regal Interest, and the Kings Person is exposed to the hazard of the Battel, while the Bishop Luxuriates in the delights of his Pallace;
Episcopal Councels unsortunate to Kings, and why. and this Evil Episcopal Councel to compell the People to his Confession of Faith and Forms of Worship, hath not only been unfortunate to
antiochus, but to all Kings and Emperors who have trusted on the Staff of so bruised a Reed as a
Crosyer, on which when they have leaned a while, in the end it will go into
[Page 419]their hands and pierce them, for the Episcopal advice of Compulsion to Forms and Ceremonies, makes a Rich Bishop, but a Poor King and People; and the Interest Regal and Episcopal, and the Law of the Crown and of the Canon being Diametrically opposite one to another, it is no wonder if the Councils of the later level always at its own Supremacy, and the Subjection of the former; such was the Episcopal Council of the Bishop of
Rome, and
Spanish Bishops, to
Philip the Second of
Spain; for they Councell'd him to break his Oath to his Subjects of the
Netherlands, whereby he had bound himself not to increase their ancient number of Bishops, being but Three, to which he notwithstanding, contrary to his Oath, added Fourteen, which no man doubts was highly for the Interest of the new Bishops, and Bishop of
Rome; but every man may see, was clean contrary and destructive to the King's Interest; so they councell'd him to bring in the Inquisition amongst them, to cut off the Heads of the Protestant Nobles, to Massacre the Protestant People, all tending to the Advance of the
Romish Episcopal Tyranny, but Destructive to Regal Government; and, what was the Success of these Episcopal Councels, and Benedictions, of Perjury, and shedding of Blood; the whole Power of
Spain, with all their
European and
American Dominions, were thereby disabled to reduce so small a Spot as the United parts of the
Netherlands, and with infinite Losses and Dishonour beaten thence, and lost the Government ever since. Such Councels gave the
Romish, and
German Bishops, to the Emperors, both in the time of
Luther, and the Wars then, as likewise in those later Wars, both in
Germany and
Hungary, to compell with Fire and Sword the Protestants to the Episcopal Forms and Ceremonies, highly no doubt to the Episcopal Interest, but Destructive to the Imperial, and what was the Success? God hath been pleased to make the Protestants stronger and stronger, and the Emperors weaker and weaker, ever since
Charles the Fifth, in whose time those Wars began, and both he and his Successors have been still compell'd, before the Wars ended, to which they were set on by the Bishops, Dishonourably, and with Loss, to condiscend to a Free Exercise of Faith and Religion, which is more than a Non-Compulsion to Confelsion of Faith and Form of Worship, which they might have Honourably, and before any Damage and Devastation to them, or their Countrey, have Granted, and would have been at first Honourably accepted. So in the Peace concluded between the Emperor and his Discontented Subjects in the Higher
Hungary, Anno Dom. 1606. The first Article agreed on was,
That from theneforth it should be lawful for every man through the
[Page 420]Kingdom of Hungary,
to have the free Exercise of his Religion, and to believe what be would; and had not the Emperor been misguided by Episcopal Councils to the contrary, he might with more Honour and less Damage to himself and Subjects, have prevented those Intestine Dissensions, by not taking from them that Liberty of Conscience, as to Faith and Form of Worship, which he was compell'd at last to give them; it being certain that the Bordering
Turk, by the Imprudence of divers of the Emperors, in being blinded by the
Romish Bishops and their own, to violate the Liberty of Conscience of those Frontier Countries, and thereby dividing and disuniting them against the Common Enemy, he hath thereof taken great advantages, to the great danger of the Emperors themselves, the Empire, and the rest of Christendom. And how unfortunate were Episcopal Councils in our own Countrey, in this point of Compulsion of the Conscience to their Faith, Forms and Ceremonies, tending to Episcopal, and not the Regal Interest, and how they thereby exposed his late Majesty, a Valiant, Wise and Pious King, and his Three Kingdoms, to an unnecessary War; and the miserable loss ensued thereby, is yet in Bleeding Memory. What Wars have been in
France by Compulsion of Conscience by Force, and destroying it by Perfidious Treacheries of Episcopal Councils, is likewise sadly known; so that in all the Kingdoms of Christendom, Bishops by this Compulsion to their Faith, Forms and Ceremonies, have one time or other raised Civil Wars and Dissensions, dangerous or destructive to Princes and People, and shared thereby the Spoils of both; or what was a greater Prey got by our own, made Sale of all the Estates of the Revenues of the Bishopricks fallen Twenty Years before they ever made a Sermon in their Church, or Served at their Altar; so though the Wars were by themselves occasion'd and kindled, and were an universal loss to the People, yet they lost nothing, and gain'd all.
That Compulsion against Conscience causeth Wars, doth likewise agree the Learned and Pious Doctor
More, who saith, Denial of Liberty of Conscience, brings upon Nations and Families Wars, Bloodshed, Subversion of Families, Deposing, Stabbing, Poisoning of Princes, perpetual Hatred and Enmity amongst men, and all the Works and Actions of the Kindom of Darkness; whereas if it were universally acknowledged that Liberty of Religion were the Right of Mankind, all these mischiefs would be prevented, the Prince could not pretend any Quarrel against the People, nor the People against the Prince, or against one another, except for Civil Rights, which are more plain and
[Page 421]intelligible. That Compulsion to Faith, or Forms of Worship, hath had the same Destructive Effects against the
Eastern Emperors likewise, which it hath had against the
Western, appears by the Example of
Michael Palaeologus Emperor of
Greece, who fearing an Invasion from the
Turks and other Foreigners from the
East, endeavour'd to strengthen himself from the Pope, and by him with the Emperor and other Christian Kings from the
West, and by his Ambassadors to that end, treated with
Gregory the Tenth, then Pope of
Rome, to Unite and Conform the
Greek Church to the
Latine, and to acknowledg the Popes Supremacy over the
Greeks, and Liberty of Appeal from them to the Court of
Rome, which the Emperor offer'd, and the Pope gladly accepted of; but the People generally abhor'd these Proceedings of the Emperor, and were so Tumultuous, that the Emperor was fain to leave off the care of the Foreign Dangers, to look to these greater at home, and told the People to quiet them, that this Alteration was made not out of any good liking he had to it, but in respect of the dangerous Estate of things in that juncture of Time, it behoved Prudence to admit the less Evil to avoid the greater; for if by not granting the
Latine Church what they would have, they would take advantage of the Wars they had with their other Enemies, and fall on them at the same time, whereby they would attain more by force from them, than would satisfie them by Treaty, and not only by War become Lords of their Religion and Ceremonies, but of all at once, their Wives, Children, Estates and Lives, at the will of the Conqueror, therefore he required them to yield to necessity, and not to compell him to use more Severe Remedies; and not finding them pliable, some he Imprison'd, some Banish'd, some Confiscated, some pull'd out their Eyes, some Tortur'd, some Dismembred, on which some outwardly Conformed, but not in their hearts, but the greater part fled, some to
Thrace, some to
Achaia, some to
Peloponesus and other Countries, and the Emperor trusting to Foreign Forces whom he joined, and this and his other Cruel Practices, in denying his Subjects Liberty of Conscience; seeing they were put to Fight, only to confirm their own Slavery, so discouraged the
Greek Army, that the
Turks overthrew them and their Emperor, and won the day, by which they got their first Footing in
Europe. Whereby appears, That as Compulsion to the Faith and Ceremonies of the Bishop of
Rome, and denial of Liberty of Conscience to the first
Arrian Christians, was the cause of the great Conquests of
Mahomet, who gave them Toleration in
Asia, which they could not have of the
Roman Emperors; so this
[Page 422]denial of Liberty of Conscience by this
Greek Emperor, and his Compulsion of his Subjects to the Ceremonies of the Bishop of
Rome, was the first opening an Entrance to the
Turk into
Europe, and after the losing of the
Grecian Empire to him, whence so many Fatal Miseries have ensued to Christendom.