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
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
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
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.
Jew
turn'd
Turk
,
to
be
his
Interpreter
,
which
was
granted
him
,
but
not
without
some
reflexion
of
the
standers-by
,
That
had
he
been
the
Messiah
or
Son
of
God
he
would
not
have
wanted
Languages
.
Being
therefore
come
to
make
Answer
for
himself
in
that
way
he
could
,
the
Grand
Seignior
demanded
a
sign
of
his
Mission
to
be
shewn
by
him
of
his
Messiah-ship
,
and
would
admit
no
other
but
a
Miracle
of
his
own
choice
,
which
was
,
That
Sabatai
should
be
stript
naked
,
and
set
as
a
mark
to
his
Archers
,
if
the
Arrows
passed
not
through
his
Body
,
but
his
skin
was
Armour
of
Proof
,
then
would
he
beleive
him
to
be
the
Messiah
.
Here
the
Devil
forsook
Sabatai
as
he
useth
to
do
Witches
,
when
brought
before
the
Magistrate
,
who
beareth
the
Sword
;
for
the
power
of
the
Sword
being
a
sign
of
Mission
to
it self
,
in
regard
the
Powers
that
are
,
are
ordained
by
God
,
and
lesser
Powers
are
commanded
to
be
subject
to
the
greater
.
The
Power
of
the
Magistrate
may
be
greater
then
such
petty
Daemons
,
as
can
only
do
such
Ape-tricks
as
Inspirations
or
Witchcraft
;
or
if
it
is
the
roaring
Lion
himself
,
he
may
perhaps
be
afraid
to
adventure
on
so
many
Troops
of
Hunters
as
the
Magistrate
can
command
;
and
the
Evil
Spirit
may
not
be
in
so
high
a
degree
Incorporeal
,
as
not
to
be
liable
to
Corporeal-Force
:
but
whether
he
be
or
be
not
,
't
is
certain
his
Instruments
,
Sabatais
,
Magicians
and
Witches
are
;
and
they
are
therefore
by
the
Magistrate
to
be
compell'd
to
shew
a
sign
of
Mission
,
as
Elisha
did
,
to
call
Fire
from
Heaven
,
which
can
protect
them
;
or
the
like
against
the
Sword
given
by
God
to
the
Magistrate
,
or
else
it
is
the
duty
of
the
Magistrate
to
execute
Justice
upon
them
.
Sabatai
therefore
knowing
he
had
no
Spirit
of
God
to
protect
him
against
the
Sword
of
God
,
in
the
hand
of
a
Power
,
to
the
dreadful
demand
of
such
a
sign
of
Mission
,
disclaimed
all
his
Titles
to
Kingdoms
and
Governments
,
and
humbly
alledged
,
that
he
was
a
poor
Cocham
and
a
Jew
as
others
were
,
and
had
nothing
of
Priviledg
or
Virtue
above
the
rest
:
The
Grand
Seignior
notwithstanding
not
wholy
satisfied
with
this
plain
confession
,
declared
,
That
having
given
publick
Scandal
to
the
Professors
of
the
Mahometan
Religion
,
and
done
Dishonour
to
his
Sovereign
Authority
,
by
pretending
to
draw-such
a
considerable
portion
from
him
under
the
pretence
of
the
Kingdom
of
a
Messiah
,
as
Palaestin
;
his
Treason
and
Crime
was
not
to
be
expiated
by
any
other
means
,
then
by
a
Conversion
to
the
Mahometan
Faith
,
which
if
he
refused
to
do
,
the
Stake
was
ready
at
the
Gate
of
the
Seraglio
to
Impale
him
.
Sabatai
with
much
feigned
cheerfulness
replyed
,
That
he
was
contented
to
turn
Turk
,
and
that
he
did
it
not
of
force
,
but
of
choice
;
and
having
been
a
long
time
desirous
of
so
glorious
a
Profession
,
he
esteemed
himself
much
honour'd
that
he
had
the
opportunity
to
on●
it
in
the
Presence
of
the
Grand
Seignior
.
Hist.
Three
Impost
.
48.
The
Messiah
in
whom
the
Jews
had
placed
their
Faith
so
high
,
appearing
not
able
to
shew
a
sign
of
Mission
,
and
what
was
worse
,
turning
Turk
,
they
were
extreamly
confounded
with
shame
,
which
they
might
have
prevented
,
had
they
as
they
ought
to
have
done
,
demanded
the
sign
effectually
first
.
And
if
Mahomet
,
who
was
the
Mussul-men's
Messiah
,
or
the
Popes
,
who
are
the
Catholics
Messiahs
,
had
in
their
beginnings
but
been
put
by
Princes
to
shew
such
signs
of
Mission
as
Sabatai
was
by
the
Grand
Seignior
,
neither
Mahometans
,
nor
Popes
,
nor
Bishops
,
nor
so
many
Superstitious
Sects
and
Schismes
could
ever
have
plagued
the
World
,
as
they
now
have
done
:
for
all
these
have
still
been
raised
by
pretences
of
Missions
from
God
,
of
which
they
never
shewed
a
Sign
.
They
have
falsely
Translated
and
Expounded
the
Scriptures
in
all
words
relating
to
Marriage
.
The
falsity
of
the
Translation
appears
in
the
particulars
following
.
First
,
Ish
.
Isha
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
word
Ish
,
which
in
the
Hebrew
Text
signifies
amongst
mankind
a
Male
,
and
amongst
Beasts
the
same
,
and
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
in
the
Septuagint
signifies
the
same
,
and
the
word
Isha
,
which
in
the
Hebrew
signifies
a
Female
,
and
in
the
Septuagint
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
in
Latine
Foemina
,
in
French
Feme
,
and
in
English
Woman
,
which
all
signifie
amongst
Mankind
a
Female
,
Male
,
Female
.
which
words
Male
and
Female
,
are
used
by
Christ
in
their
natural
,
certain
,
and
general
signification
.
These
have
they
translated
into
the
Artificial
,
Ambiguous
,
and
Arbitrary
signification
of
their
Vocabula
Artis
of
Man
and
Wife
,
as
1
Cor.
7.2
.
The
Original
Greek
is
,
Let
every
Male
have
his
own
Female
,
and
every
Female
her
own
Male
,
which
they
have
translated
,
Let
every
Man
have
his
own
Wife
,
and
every
Woman
her
own
Husband
;
that
is
to
say
,
such
a
Woman
as
the
Bishop
will
please
Arbitrarily
true
or
false
for
Money
to
certifie
to
be
his
Wife
,
and
such
Man
as
he
will
in
like
manner
certifie
to
be
her
Husband
,
and
not
such
as
Christ
saith
,
as
God
hath
joined
and
made
Man
and
Wife
,
which
is
a
false
translation
.
1.
Because
it
translates
words
general
,
into
words
special
.
2.
Because
it
translates
words
of
a
natural
signification
,
into
Vocabula
Artis
,
of
an
artificial
signification
.
3.
Because
the
natural
signification
was
the
voice
of
God
,
and
the
artificial
is
only
the
voice
of
Man
.
4.
Because
the
natural
was
true
,
and
the
artificial
is
false
and
fictitious
.
Husband
and
Wife
words
ambiguous
.
5.
Because
the
natural
was
fixed
,
and
certain
,
the
artificial
is
ambiguous
and
mutable
,
ad
placitum
imponentis
,
to
signifie
what
he
will
,
as
serves
most
for
his
profit
.
The
Bishops
have
therefore
falsely
translated
the
word
of
God
into
words
of
their
own
,
that
none
may
be
called
Husband
and
Wife
but
such
as
give
them
Fees
to
call
them
so
.
Zona
,
Kadesh
,
Pillegesh
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
false
translated
.
Secondly
,
They
have
falsely
translated
the
Words
Zona
,
Kadesh
,
Pillegesh
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
to
be
Harlot
and
Concubine
,
which
word
Zona
in
the
Hebrew
Text
signifies
no
more
then
a
common
Hostess
or
Caupona
,
one
that
sells
Victuals
,
or
keeps
an
House
of
Entertainment
,
the
Chaldee
renders
it
,
Foeminam
fallacem
,
vagam
,
non
sub
eodem
tecto
habitantem
,
and
the
Latin
translation
have
rendred
her
worse
,
that
is
plain
Whore
;
for
the
Romish
Lady
will
be
sure
to
call
Whore
first
,
and
therefore
translates
Jos.
2.1
.
concerning
the
Spies
sent
to
Jericho
,
Venerant
in
demum
cujusdam
meretricis
Cauponae
,
cujus
nomen
erat
Rachab
ut
cubarent
ibi
,
but
the
English
is
translated
,
And
they
went
and
came
to
an
Harlot's
House
named
Rachab
,
and
lodged
there
;
Harlot
.
now
that
she
ought
not
to
have
been
rendred
Foeminam
fallacem
,
appears
by
her
works
,
for
it
is
not
only
the
interest
of
all
Hostesses
to
be
faithful
to
their
Guest
,
though
they
do
not
lie
with
them
;
but
she
was
in
a
more
special
manner
faithful
to
these
,
and
hazarded
her
life
for
them
,
if
she
had
been
discover'd
both
for
her
hiding
and
letting
them
over
the
Town-wall
.
And
as
to
the
word
Zona
,
seeing
it
hath
most
naturally
a
good
signification
of
an
Hostess
or
seller
of
Victuals
,
and
Verba
sunt
accipienda
in
mitiori
sensu
,
there
is
no
warrant
,
were
the
word
ambiguous
,
(
which
doth
not
appear
neither
)
to
translate
it
in
the
worst
sence
,
and
indeed
when
they
have
rackt
Zona
all
they
can
,
they
cannot
so
much
as
make
it
ambiguous
,
or
squeeze
more
out
of
it
then
Caupona
or
an
Hostess
.
Thirdly
,
As
to
the
word
Kadesh
in
the
Hebrew
,
Kadesh
.
it
signifies
a
Woman
Consecrated
,
which
is
an
Holy-Woman
,
or
an
Holy-Nun
,
or
Votaress
;
now
these
holy
Nuns
or
Votaresses
,
who
are
Consecrated
to
the
service
of
Venus
,
and
those
who
are
Consecrated
in
like
manner
to
the
service
of
the
Virgin
Mary
,
do
often
play
the
Harlots
,
yet
to
translate
either
of
those
named
Holy-Nuns
Harlots
,
is
a
false
translation
,
for
a
Translator
ought
to
be
of
Words
,
and
not
of
Deeds
.
Fourthly
,
Judg.
11.
is
translated
,
Harlot
.
Now
Jeptha
the
Gileadite
was
a
mighty
man
of
valour
,
and
he
was
the
Son
of
an
Harlot
:
and
Gilead
begat
Jepthah
.
Which
is
a
translation
repugnant
to
it self
,
for
if
she
had
been
a
common
Harlot
,
or
Hostess
,
or
other
,
how
could
it
be
known
that
Gilead
begat
Jepthah
,
and
how
was
not
Jepthah
Filius
populi
,
rather
then
the
Son
of
Gilead
?
If
she
were
not
a
common
Harlot
,
what
difference
between
her
and
a
Wife
,
in
a
Nation
who
allowed
Plurality
of
Wives
,
and
Succession
in
Filial
Portions
to
the
Sons
of
them
all
.
Fifthly
,
As
to
the
word
Pillegesh
,
they
derive
it
from
Palag
,
Pillegesh
.
divisit
&
Isha
Foemina
,
which
in
the
Hebrew
Text
signifies
no
more
then
a
divided
or
several
,
or
another
Woman
or
Wife
,
where
there
was
Plurality
allowed
,
and
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
used
in
the
Septuagint
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
signifies
in
the
natural
signification
no
more
then
Juvencula
,
or
a
young
Woman
,
and
both
these
they
forsooth
have
translated
Concubine
,
a
Vocabulum
Artis
of
their
own
Forging
,
which
they
will
have
to
signifie
a
Woman
who
hath
not
had
both
Banes
and
Benediction
of
one
of
Priapus
Priests
in
a
Temple
;
yet
is
there
●ot
in
the
Original
of
the
whole
Scripture
,
either
Old
or
New
Testament
,
such
a
word
as
Concubine
,
neither
is
there
any
where
Isha
,
No
such
word
as
Concubine
in
the
whole
Original
Scripture
.
made
more
lawful
then
Pillegesh
,
or
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
then
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
So
Gen.
1.2
,
3.
Sarah
and
Hagar
are
both
translated
Abraham's
Wives
.
And
Gen.
25.1
.
Keturah
is
translated
Abraham's
Wife
,
yet
1
Chron.
1.32
.
she
is
translated
Concubine
,
whereas
the
words
of
the
Septuagint
are
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
signifie
only
the
Sons
of
Keturah
Abraham's
young
Woman
,
and
there
is
no
ground
at
all
to
translate
her
Concubine
;
for
Abraham
married
her
not
till
Sarah
was
dead
,
and
the
Marriage
of
Keturah
therefore
being
lawful
and
unblameable
,
she
ought
not
to
be
toucht
with
the
ignominious
and
fictitious
name
of
Concubine
.
So
Ruth
4.12
.
they
translated
her
young
Woman
,
who
was
fitter
to
be
translated
Concubine
,
then
Keturah
,
for
she
stole
to
Bed
to
Boaz
at
night
amongst
the
Sheaves
without
his
leave
or
calling
,
and
like
the
Antipodes
,
the
Woman
wooed
the
Man
,
which
Keturah
was
more
modest
for
ought
we
find
,
then
to
do
to
Abraham
,
but
with
them
kissing
goes
by
favour
.
The
like
falsity
is
likewise
used
in
translating
1
Kings
11.3
.
where
it
is
said
of
Solomon
in
the
Septuagint
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Which
is
translated
in
Latine
,
Adeo
ut
essent
ei
Foemina
Principes
Septingentae
&
Concubinae
trecentae
,
quapropter
inclinarant
Foeminae
ejus
animum
ejus
,
&c.
but
in
English
the
translation
is
,
He
had
Seven
Hundred
Wives
Princesses
,
and
Three
Hundred
Concubines
,
and
his
Wives
turned
away
his
heart
,
which
ought
to
have
been
translated
,
He
had
Seven
Hundred
Women
Princesses
,
and
Three
Hundred
young
Women
,
and
his
Women
turned
away
his
heart
;
for
if
Plurality
of
Women
make
Concubines
,
then
ought
the
Seven
Hundred
to
have
been
translated
Concubines
,
rather
then
the
Three
Hundred
;
if
it
be
said
Riches
and
Portions
make
Wives
,
and
Poverty
Concubines
,
or
Jointures
and
Dowers
make
Wives
,
and
none
make
Concubines
,
this
is
contrary
to
what
Christ
saith
of
Marriage
,
That
it
is
of
such
as
God
hath
joined
in
one
flesh
,
and
not
whom
Scriveners
and
Lawyers
have
joined
in
one
Indenture
.
Then
as
to
Poverty
,
none
will
deny
a
poor
Wife
to
be
as
true
a
Wife
as
a
rich
:
and
many
think
her
in
goodness
,
far
superior
,
for
intolerabilius
nihil
est
quam
Foemina
dives
,
she
that
brings
a
Portion
to
hire
the
Man
,
and
the
Man
who
gives
Jointures
to
hire
the
Wife
,
such
a
Woman
so
hired
,
may
indeed
be
rather
said
a
Concubine
then
a
Wife
;
and
such
a
Man
so
hired
,
be
rather
said
a
Stallion
then
a
Husband
,
and
such
a
Mercenary
Conjunction
be
rather
called
a
Market
then
a
Marriage
.
To
return
again
to
the
Translation
,
it
is
translated
,
That
his
Wives
drew
away
his
heart
,
but
it
is
more
likely
the
young
Women
,
who
are
translated
Concubines
drew
away
his
heart
,
then
old
Wives
;
whereas
if
it
had
been
translated
as
it
ought
to
be
,
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
,
Vt
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
.
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
spuriisque
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
,
eaque
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
't
is
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
,
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
was
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
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
atque
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
taedaque
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
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
,
't
is
answer'd
before
,
as
to
the
matter
of
the
Children
of
Common
Women
,
't
is
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
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
.
'T
is
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
being
thus
granted
to
the
Mother
;
the
Sister
by
th
Father's
side
doth
commence
Suit
before
the
Ecclesiastical
Judg
,
pretending
her self
to
be
next
of
kin
,
and
the
Mother
not
to
be
kin
at
all
to
the
party
Deceased
;
and
therefore
desireth
the
Administration
,
formerly
granted
the
Mother
,
to
be
revoked
,
and
committed
to
her
,
as
next
kin
to
the
Deceased
,
by
force
of
the
said
Statute
.
Hereupon
the
most
Learned
,
as
well
in
the
Laws
of
the
Realm
as
in
the
Civil
Law
,
were
consulted
;
and
both
Common
Lawyers
and
Civilians
,
unanimously
declared
it
to
be
an
Article
of
their
Faith
,
contrary
to
Scripture
and
common
sence
,
that
a
Mother
was
not
kin
to
her
Son
;
so
Judgment
was
pass'd
against
the
Mother
,
whereby
she
lost
her
Son
and
her
money
too
,
perhaps
some
that
she
gave
him
.
And
in
those
days
this
precedent
did
so
much
prevail
,
that
many
other
Judgments
passed
accordingly
against
the
Mothers
.
Then
in
Rama
was
there
a
voice
heard
,
lamentation
and
weeping
,
and
great
mourning
,
Rachel
weeping
for
her
Children
,
and
would
not
be
comforted
,
because
they
were
not
,
yea
weeping
it
over
again
.
Qualis
populea
maerens
Philomela
sub
umbra
Amissos
queritur
faetus
,
quos
durus
arator
Observans
,
nido
implumes
detraxit
,
at
illa
Flet
noctes
,
ramoque
sedens
,
miserabile
carmen
Integrat
,
&
maestis
late
loca
questibus
implet
.
Yea
our
Rachel
had
twice
more
cause
to
weep
then
Philomel
,
for
Philomel
wept
only
because
her
Children
were
not
,
but
Rachel
wept
both
because
hers
were
not
,
and
because
she
must
not
be
kin
to
them
neither
:
And
surely
her
mourning
had
continued
for
ever
,
had
not
in
process
of
time
,
the
Tears
of
Women
and
the
Beauty
of
Truth
(
for
what
is
stronger
then
Truth
and
women
against
Popery
)
prevailed
in
England
,
but
could
not
in
Scotland
,
because
Skene
put
it
on
the
Father
,
The
Child
not
the
Child
of
the
Mother
.
Natural
affection
no
consideration
to
raise
an
Use
to
a
natural
Son
,
but
good
to
an
Adulterate
Son
.
who
is
not
so
apt
to
weep
as
the
Mother
,
that
he
should
be
no
Sib
or
Kin
to
his
Son
.
But
will
you
not
wonder
?
My
Lord
Coke
will
present
you
with
a
couple
of
rarer
absurdities
,
if
possible
,
then
this
;
for
he
saith
,
lib.
10.
in
Leonard
Loveis
his
Case
,
fol.
83.
That
if
a
Woman
have
a
Bastard
(
which
he
intends
a
Child
not
born
of
a
Ceremonial
Marriage
)
that
this
Child
is
not
in
truth
,
but
only
in
reputation
her
Child
.
And
therewith
agrees
Dyer
M.
17.
&
18.
Eliz.
fo.
345.
&
12
Eliz.
290.
And
then
he
in
his
Commentaries
;
and
the
Judges
in
Plowden's
Commentaries
agree
in
Sharington
and
Pledal's
Case
,
That
if
a
Man
in
consideration
of
natural
affection
,
covenant
to
stand
seized
of
such
a
piece
of
Land
,
to
the
use
of
his
Son
;
this
natural
affection
is
a
sufficient
consideration
to
raise
an
Use
,
as
they
call
it
,
and
to
vest
the
Estate
in
the
Son
,
though
he
were
the
Son
of
an
Adulterer
,
and
not
the
Son
of
his
reputed
Father
,
if
his
Mother
were
married
by
a
Priest
in
a
Temple
,
and
his
reputed
Father
within
the
four
Seas
.
But
if
the
Son
be
his
true
natural
Son
,
begotten
by
himself
,
then
the
consideration
of
natural
affection
to
his
true
Son
,
is
no
consideration
to
raise
an
Use
,
nor
to
pass
the
Land
to
him
,
but
the
same
is
void
and
null
.
In
the
first
Case
,
where
there
is
no
ground
for
natural
affection
,
they
talk
all
of
nature
,
extolling
her
above
all
considerations
,
and
cry
out
Naturae
vis
maxima
,
and
Natura
bis
maxima
;
and
give
away
the
Estate
from
the
true
natural
Child
,
to
the
false
Child
of
the
Adulterer
.
Then
in
the
latter
Case
,
where
there
is
a
just
and
righteous
cause
of
natural
affection
,
commanded
by
God
to
Men
,
and
instincted
by
him
to
Beasts
to
provide
for
their
own
.
There
they
are
void
of
natural
affection
,
their
blind
Eye
of
the
Law
,
must
see
the
Infernal
darkness
of
Fictions
in
the
Law
,
and
be
shut
against
the
Sun
of
Truth
:
They
pretend
the
Law
of
Nature
in
their
words
,
but
in
their
works
omnia
naturae
contraria
legibus
ibunt
.
Nothus
made
the
true
Son
,
and
the
true
Son
made
Nothus
.
They
will
not
allow
natural
affection
of
the
true
Father
,
to
his
true
natural
Child
to
be
a
consideration
to
raise
an
Use
,
in
so
much
as
one
Acre
of
Land
;
where
they
will
allow
it
to
the
true
Nothus
,
and
Fictitious
Child
of
an
Adulterer
,
against
whom
probatio
non
admittitur
in
contrarium
,
sufficient
to
invest
him
in
the
thousands
of
Acres
of
Seigniories
and
Baronies
.
'T
is
strange
that
Men
who
profess
Law
and
Justice
,
should
not
be
ashamed
of
so
gross
and
repugnant
absurdities
,
and
contrary
,
not
only
to
all
Law
and
Justice
,
but
common
sence
and
reason
.
Reasons
shewing
further
,
that
Mamzer
in
the
Old
Testament
,
and
Nothus
in
the
New
,
are
falsly
translated
Bastard
.
Mamzer
,
Alienigena
.
1.
The
word
Mamzer
is
by
the
best
Criticks
,
affirmed
to
signifie
naturally
and
properly
Alienigena
,
seu
de
alienae
gentis
foemina
natus
.
And
that
Deut.
23.2
.
ought
to
be
translated
Alienigena
non
introibit
,
and
not
Spurius
non
introibit
,
or
in
English
,
a
Bastard
shall
not
enter
;
but
the
Translation
ought
to
be
in
English
,
An
Alien
born
shall
not
enter
into
the
Congregation
of
the
Lord
,
even
to
his
tenth
generation
shall
be
not
enter
.
So
as
the
Law
here
(
as
the
Laws
of
most
other
Nations
do
)
doth
put
a
distinction
in
priviledge
between
Alien
and
Denizen
born
,
and
not
between
unlawful
and
lawful
born
;
for
an
Alien
is
as
lawfully
born
as
a
Denizen
,
but
hath
not
the
same
priviledge
either
,
as
to
Religion
of
entring
into
the
Congregation
,
or
of
acquiring
propriety
in
the
Land
,
either
by
Purchase
or
Succession
;
for
if
that
should
be
permitted
,
there
would
ensue
the
derision
or
corruption
of
all
natural
Religions
,
by
contrary
Nations
,
and
the
buying
of
one
Nation
out
of
their
Land
by
another
Enemy
Nation
,
who
were
richer
in
mony
then
they
.
And
that
the
intention
as
well
as
the
words
of
the
Law
,
was
only
against
Aliens
born
,
as
appears
manifestly
by
the
next
Verse
in
the
same
Chapter
;
where
it
is
said
,
An
Ammonite
or
a
Moabite
shall
not
enter
into
the
Congregation
of
the
Lord
:
which
,
as
the
verse
before
spake
of
Aliens
in
general
,
speaks
next
of
Aliens
in
special
,
Ammonites
and
Moabites
;
who
being
of
kindred
to
the
Israelites
,
might
have
been
doubted
,
whether
intended
to
be
excluded
under
the
general
word
Aliens
,
which
this
naming
them
specially
clears
,
and
likewise
clears
that
it
is
intended
the
National
,
and
not
the
getting
or
birth
of
Children
in
private
Families
.
And
this
is
manifest
by
the
constant
practice
of
the
whole
Israelitish
Nation
,
who
had
no
such
thing
as
Illegitimation
of
the
Children
of
any
Ebrew
Woman
;
but
whether
the
Wives
were
one
or
many
,
the
Children
all
Succeeded
alike
to
their
natural
Parents
;
if
the
Father
did
not
for
any
special
reason
,
or
otherwise
expresly
dispose
of
his
Estate
,
which
was
a
Patria
potestas
,
without
which
propriety
of
Fathers
in
their
own
Goods
,
could
not
consist
,
nor
Adulteries
of
Wives
,
and
Rebellions
of
Children
be
prevented
.
And
to
the
potestas
Patria
,
Intails
to
Children
of
Adulterers
and
not
of
the
Husband
.
and
potestas
Dominii
,
potestas
instituendi
haeredis
,
as
to
Children
;
and
alienandi
as
to
strangers
,
was
amongst
all
Nations
incident
,
till
the
Tyranny
of
Pontifical
,
Imperial
,
and
Feudal
Laws
set
up
Intails
,
&
made
the
Priests
Judges
,
who
should
be
Lawful
married
,
and
who
should
be
Lawful
begotten
Heirs
of
their
Bodies
,
to
be
their
Successors
,
whether
they
would
or
no
,
and
whether
the
Children
were
the
Children
of
Adulterers
,
or
the
Husband
's
.
Nothus
a
counterfeit
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Secondly
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
is
by
Hesychius
and
other
Authors
of
approved
skill
in
the
Greek-Tongue
affirmed
,
to
signifie
Fictus
,
which
is
,
what
is
feigned
or
counterfeit
,
and
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
which
in
the
plural
Number
is
put
in
the
Text
Heb.
12.8
.
signifies
Filius
genitus
,
natus
,
or
naturalis
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
signifies
Filiatio
in
the
true
and
natural
sense
,
but
in
the
fictitious
sence
,
which
is
made
ad
placitum
imponentis
,
it
is
made
to
signifie
Adoption
,
which
is
a
feigned
or
counterfeit
Filiation
.
Many
ways
of
counterfeiting
Sons
have
been
used
,
(
1.
)
When
the
Wife
being
Barren
,
to
please
her
Husband
feigns
a
great
Belly
and
a
Delivery
,
and
presents
him
with
a
suppositious
Child
instead
of
her
own
;
so
is
it
related
of
Algive
the
Wife
of
Canutus
,
that
she
brought
him
such
a
Child
,
whom
he
called
Sweyne
,
and
afterward
made
him
King
of
Norway
;
and
many
other
examples
have
been
of
the
like
.
(
2.
)
When
the
Person
who
would
make
himself
Son
deceives
the
Father
;
so
Isaac
being
blind
,
Jacob
putting
on
Kids-skin-Gloves
,
the
hair
left
on
deceived
the
old
man
to
beleive
him
his
true
eldest
Son
who
was
but
a
counterfeit
.
And
I
my self
knew
a
Woman
in
time
of
the
Wars
,
who
having
two
Sons
,
the
Elder
was
Twenty
Years
before
sent
beyond
Sea
,
and
died
there
,
whereby
the
younger
had
the
Land
of
his
Father
settled
upon
him
,
but
at
length
the
Soldiers
in
their
marches
passing
the
Country
,
one
amongst
them
of
the
like
Age
and
Feature
as
was
the
Eldest
Son
of
the
Woman
,
who
Twenty
Years
before
died
beyond
Sea
,
Quarter'd
in
the
Parish
where
the
Woman
lived
,
and
being
informed
by
some
of
the
House
where
he
Quarter'd
,
how
like
he
was
to
that
Person
,
and
thereupon
enquiring
out
as
many
particular
passages
as
he
could
,
which
had
passed
between
the
Woman
and
her
Son
,
and
others
,
and
what
particular
marks
the
Eldest
Son
had
,
the
Soldier
went
to
the
Woman's
House
enquiring
for
his
Father
and
Mother
,
whose
blessing
he
asked
,
and
they
being
thereat
much
surprized
,
he
told
them
he
was
their
Eldest
Son
,
and
what
Fortunes
Providence
had
carried
him
thorough
to
bring
him
home
again
:
at
which
the
doubtful
Parents
examin'd
him
,
and
askt
him
many
questions
to
try
whether
he
were
their
very
Son
Esau
or
not
,
and
took
more
time
,
and
the
Woman
likewise
examin'd
him
in
private
by
her self
,
but
he
at
last
so
persuaded
the
Woman
,
that
she
beleived
,
and
affectionately
received
him
for
her
Eldest
Son
who
had
been
thought
so
long
dead
,
till
at
length
the
younger
Brother
who
feared
to
be
again
disinherited
of
what
was
settled
on
him
,
with
much
ado
discover'd
the
counterfeit
.
(
3.
)
When
the
Mother
is
Deliver'd
of
a
true
Son
,
and
a
changling
is
brought
home
by
the
Nurse
or
other
Artifice
instead
of
the
true
.
(
4.
)
When
the
Father
having
no
natural
Son
,
adopts
a
Son
begotten
by
another
Father
;
so
did
Claudius
adopt
Nero
,
and
many
other
of
the
Roman
Emperors
,
and
many
Persons
of
private
Families
,
having
no
Son
of
their
own
,
convey
and
settle
their
Names
,
Titles
,
Arms
,
and
Lands
,
to
the
Son
of
a
stranger
;
now
these
Adopted
Sons
are
all
Counterfeit
Sons
,
and
neither
Emperor
,
nor
Pope
,
nor
Bishop
,
nor
Act
of
Parliament
,
nor
Legitimation
,
nor
Dispensation
,
can
make
these
true
,
or
natural
,
or
lawful
begotten
Sons
,
whom
God
hath
not
made
so
.
(
5.
)
When
Sons
who
are
not
natural
,
are
testified
to
be
natural
Sons
by
false
Witnesses
,
which
is
often
practised
in
the
Biships
Courts
,
such
are
counterfeit
Sons
.
(
6.
)
When
such
as
are
not
natural
Sons
,
are
testified
Sons
by
the
Bishops
Certificate
,
such
are
false
and
counterfeit
Sons
,
and
this
way
of
Filiation
,
Aliment
,
and
Succession
,
by
the
Bishops
Certificate
is
of
all
other
the
most
wicked
and
abominable
.
Quia
Probatio
non
admittitur
in
contrarium
.
Whence
it
is
concluded
,
That
neither
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
nor
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
seeing
they
have
both
a
true
and
natural
signification
,
ought
not
to
be
translated
to
words
of
a
counterfeit
signification
.
The
said
Text
of
Scripture
therefore
,
Heb.
12.
8.
Ye
are
Bastards
,
and
not
Sons
,
are
falsely
translated
,
and
ought
to
have
been
translated
,
Ye
are
Counterfeits
,
and
not
natural
Sons
;
for
as
to
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
it
is
manifest
to
signifie
a
Counterfeit
,
and
therefore
ought
to
be
so
translated
,
and
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
't
is
manifest
it
signifies
not
a
Son
in
general
;
for
that
comprehends
both
true
and
counterfeit
Sons
;
but
a
natural
Son
in
special
,
which
only
signifies
a
true
Son
as
't
is
opposite
to
a
counterfeit
:
where
therefore
the
Genus
is
translated
for
the
Species
,
or
the
Species
for
the
Genus
,
this
is
grossly
false
Translation
,
Genus
translated
for
the
Species
Species
translated
for
the
Genus
.
as
hath
been
shewn
likewise
before
.
Secondly
,
A
word
of
general
signification
ought
not
to
be
translated
into
a
word
of
special
signification
,
and
this
shews
the
Latine
Translation
,
which
is
Supposititit
estis
&
non
filii
,
is
false
translated
,
though
not
so
wickedly
as
the
English
,
because
a
Supposititious
Son
is
but
a
Species
of
Nothus
the
Genus
,
as
Virgil
says
,
Suppositos
de
matre
nothos
furata
creavit
.
A
certain
word
into
an
ambiguous
.
Thirdly
,
A
word
that
is
certain
ought
to
be
translated
into
a
word
of
incertain
,
ambiguous
significations
.
Now
the
word
Nothus
in
the
time
it
was
writ
by
Paul
,
which
was
before
Justinian's
and
Pope's
Heads
were
hot
with
their
Civil
or
Canon-Laws
,
the
word
therefore
ought
to
be
translated
in
the
certain
significat
wherein
Paul
writ
it
,
which
is
a
counterfeit
,
and
not
in
the
signification
of
what
it
is
made
since
of
a
new
invented
Vocabulum
Artis
,
by
the
Civil
,
Canon
,
or
Common-Law
;
for
then
it
must
have
been
understood
,
all
the
writers
time
by
way
of
Prophecy
,
how
Tribonian
,
Gratian
,
Coke
,
Skene
,
and
Grotius
,
would
expound
it
,
and
how
the
Bishops
would
translate
it
to
be
a
Bastard
,
and
him
a
Bastard
whose
Mother
would
not
give
them
Money
for
their
Licence
to
Marry
,
which
was
a
thing
impossible
for
the
Christians
of
those
times
to
understand
,
or
how
to
reconcile
the
variant
and
contradictory
expositions
,
would
in
the
later
days
be
for
gain
made
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
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
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
plece
of
his
own
Rhime
,
I
shall
recite
it
,
which
is
by
him
set
down
,
Manseribus
scortum
notho
Moechus
dedit
ortum
,
and
is
a
false
Verse
;
for
No
in
Notho
is
short
,
which
might
happen
by
some
Error
of
his
Scribe
,
but
the
true
Verse
is
in
Calv.
Lex
.
(
whence
I
suppose
he
might
have
it
,
)
Sed
Moecha
Nothis
dedit
ortum
;
which
Moecha
signifies
an
Adulteress
,
which
she
cannot
be
unless
she
is
a
Married
Woman
:
therefore
it
is
plain
,
the
Rhime
it self
confutes
him
,
that
Nothus
is
not
a
Child
born
out
of
Wedlock
,
but
in
Wedlock
,
which
is
unanswerable
as
to
him
;
because
ex
ore
suo
,
though
not
as
to
others
,
who
are
on
better
reasons
unanswerably
answer'd
before
.
They
corrupt
the
Press
,
both
as
to
Scripture
and
Law
,
and
interdict
Protestants
to
write
against
Papists
,
or
answer
them
.
Act
of
Parliament
against
Lollards
counterfeit
by
Bishops
.
Coke
3.
part
40.
saith
,
There
was
a
Statute
supposed
to
be
made
,
5.
R.
2.
That
Commissions
should
be
by
the
Lord
Chancellor
made
,
and
directed
to
Sheriffs
and
others
,
to
Arrest
such
as
should
be
Certified
into
the
Chancery
by
the
Bishops
and
Prelates
,
Masters
of
Divinity
,
to
be
Preachers
of
Heresies
,
and
notorious
Errors
,
their
Fautors
,
Maintainers
,
and
Abetters
,
and
to
hold
them
in
strong
Prison
,
until
they
will
justifie
themselves
to
the
Law
of
the
Holy
Church
.
By
colour
of
this
supposed
Act
certain
Persons
that
held
Images
were
not
to
be
worship'd
,
&c.
were
holden
in
strong
Prison
,
until
they
(
to
redeem
their
vexation
)
miserably
yielded
before
these
Masters
of
Divinity
to
take
an
Oath
,
and
did
swear
to
worship
Images
,
which
was
against
the
Moral
and
Eternal
Law
of
Almighty
God
.
We
have
said
(
by
colour
of
the
supposed
Statute
,
&c.
)
not
only
in
respect
of
the
said
Opinion
,
but
in
respect
also
,
that
the
said
supposed
Act
,
was
in
truth
never
any
Act
of
Parliament
,
though
it
was
Entred
in
the
Rolls
of
Parliament
;
for
that
the
Commons
never
gave
their
consent
thereunto
.
And
therefore
in
the
next
Parliament
,
the
Commons
prefer'd
a
Bill
reciting
the
said
supposed
Act
,
and
constantly
affirmed
that
they
never
assented
thereto
,
and
therefore
desired
that
the
supposed
Statute
might
be
aniented
,
and
declared
void
.
For
they
protested
,
that
it
was
never
their
intent
to
be
justified
,
and
to
bind
themselves
and
their
Successors
to
Prelates
,
more
then
their
Ancestors
had
done
in
times
past
:
And
hereunto
the
King
gave
his
Royal
Assent
in
these
words
,
Ypleist
au
Roy.
And
mark
well
the
manner
of
the
penning
the
Act
:
for
seeing
the
Commons
did
not
assent
thereunto
,
the
words
of
the
Act
are
,
It
is
Ordained
and
Assented
in
this
present
Parliament
,
That
,
&c.
And
so
it
was
,
being
but
by
the
King
and
the
Lords
.
It
is
to
be
known
,
that
of
ancient
time
,
when
any
Acts
of
Parliament
were
made
,
to
the
end
the
same
might
be
published
,
and
understood
,
especially
before
the
use
of
Printing
came
into
England
,
the
Acts
of
Parliament
were
ingrossed
into
Parchment
,
and
bundled
up
together
with
a
Writ
in
the
King's
name
,
under
the
great
Seal
,
to
the
Sheriff
of
every
County
,
sometime
in
Latine
,
and
sometime
in
French
,
to
command
the
Sheriff
to
proclaim
the
said
Statutes
within
his
Bailwick
,
as
well
within
Liberties
,
as
without
.
And
this
was
the
course
of
Parliamentary
Proceedings
,
before
Printing
came
in
use
in
England
,
and
yet
it
continued
after
we
had
the
Print
,
till
the
Reign
of
H.
7.
Now
at
the
Parliament
holden
in
5.
R.
2.
John
Braibrook
Bishop
of
London
being
Lord
Chancellor
of
England
,
caused
the
said
Ordinance
of
the
King
and
Lords
to
be
inserted
into
the
Parliamentary
Writ
of
Proclamation
to
be
proclaimed
amongst
the
Acts
of
Parliament
:
which
Writ
I
have
seen
,
the
purclose
of
which
Writ
,
after
the
recital
of
the
Acts
directed
to
the
Sheriff
of
N.
in
these
words
,
Nos
volentes
dictas
concordias
,
sive
ordinationes
in
omnibus
&
singulis
suis
Articulis
inviolabiter
observari
,
tibi
praecipimus
quod
praedictas
concordias
,
sive
ordinationes
in
locis
infra
Balivam
tuam
,
ubi
melius
expedire
volueris
,
tam
infra
libertates
,
quam
extra
,
Publice
Proclamari
,
&
teneri
facias
juxta
formam
Praenotatam
.
Teste
Rege
apud
Westm.
26.
Maij.
Anno
Regni
Regis
R.
2.5
.
But
in
the
Parliamentary
Proclamation
of
the
Acts
passed
in
Anno
6.
R.
2.
the
said
Act
of
the
6.
R.
2.
whereby
the
said
supposed
Act
of
5.
R.
2.
was
declared
to
be
void
,
is
omitted
:
and
afterwards
the
said
supposed
Act
of
5.
R.
2.
was
continually
Printed
,
and
the
said
Act
of
6.
R.
2.
hath
been
by
the
Prelates
ever
from
time
to
time
kept
from
the
Print
.
A
Counterfeit
Act
Printed
by
Bishops
against
Protestants
.
What
English
Protestant
can
read
this
without
horror
?
what
?
doth
he
not
observe
it
?
why
't
is
that
Counterfeit
Act
of
Parliament
.
5.
R.
2.1382
.
whereby
Bishops
usurp
to
be
Judges
of
the
Souls
and
Consciences
of
Protestants
,
and
to
put
them
in
strong
Prison
till
they
conform
and
submit
to
the
will
of
the
Bishop
;
't
is
that
Counterfeit
Act
whereby
they
usurp
to
be
Judges
of
Heresie
,
and
to
make
Protestants
Hereticks
when
they
please
;
't
is
that
Counterfeit
Act
whereby
they
have
compell'd
the
Subjects
to
swear
to
worship
their
Idols
;
't
is
that
Counterfeit
Act
whereby
they
have
dragged
so
many
Pious
Martyrs
to
the
Stake
,
and
burnt
them
,
filling
the
whole
Land
with
fiery
Furnaces
;
't
is
that
Counterfeit
Act
by
which
the
Bishops
have
usurped
Power
to
destroy
Religion
,
Liberty
,
Propriety
,
and
Lives
of
all
Protestant
Subjects
at
their
pleasure
;
't
is
that
Counterfeit
Act
which
was
never
assented
to
,
but
disclaimed
,
detested
,
abrogated
,
and
declared
null
and
void
by
the
House
of
Commons
.
6.
R.
2.
Anno
1383.
and
hath
been
yet
most
presumptuously
caused
to
be
printed
as
a
valid
Act
by
the
Bishops
being
Masters
of
the
Press
;
and
the
true
Act
of
Abrogation
6.
R.
2.
Whereon
all
the
Subject
hath
depends
,
most
wickedly
suppress'd
,
and
never
Printed
.
Coke
2.
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
,
Vncleanness
,
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
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
before-hand
,
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
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
.
'T
is
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
't
is
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
of
a
County
,
which
enforced
me
to
draw
a
Petition
to
be
presented
to
the
King
and
Parliament
;
desiring
some
remedy
against
the
old
Popish
Oath
,
continued
to
be
imposed
on
Sheriffs
;
wherein
they
swear
to
destroy
the
Protestant
Religion
,
under
the
name
of
Lollary
;
and
likewise
to
be
relieved
against
the
extortions
of
Officers
of
the
Exchequer
,
on
Sheriffs
:
which
not
knowing
how
otherwise
conveniently
to
Address
,
I
appointed
the
Messenger
to
get
a
License
to
Print
;
which
he
tryed
to
do
,
but
though
there
was
nothing
in
it
but
Humility
and
Truth
;
as
who
dare
present
otherwise
to
the
Legislative
Power
?
The
Licenser
Swore
He
would
not
License
it
for
Five
Hundred
Guinneys
,
whereby
it
could
not
be
done
.
9.
It
stops
all
presentments
by
the
People
to
the
King
and
Parliament
of
public
grievances
,
in
regard
the
extent
of
the
Three
Kingdoms
is
great
,
and
remote
;
and
therefore
neither
fit
nor
possible
,
multitudes
should
come
so
far
to
present
Petitions
in
person
;
and
if
not
done
in
person
,
there
are
so
many
Papists
,
and
Foreign
Agents
,
and
their
favourers
in
the
way
,
as
may
,
and
do
often
intercept
from
the
King's
knowledg
,
the
humble
applications
of
his
Protestant
Subjects
,
as
is
easie
to
do
,
when
perhaps
comprised
only
in
one
sheet
of
Paper
.
To
avoid
therefore
the
stifling
of
all
just
complaints
of
the
Subjects
,
and
the
ill
consequences
which
have
been
too
often
occasioned
thereby
,
of
presenting
Petitions
by
Tumults
and
Armies
:
It
is
far
more
safe
and
equal
,
that
the
Press
should
be
open
to
the
People
in
all
public
Addresses
to
Supream
Authority
;
it
being
many
times
a
sufficient
satisfaction
to
them
,
if
they
understand
that
the
King
and
Parliament
do
but
vouchsafe
to
hear
their
complaints
and
desires
,
though
they
think
it
not
fit
to
grant
them
:
And
a
Child
will
often
times
awe
his
Enemies
from
harming
him
,
if
he
do
but
threaten
them
he
will
tell
his
Father
,
where
they
know
he
hath
that
liberty
given
him
.
10.
It
appears
by
experience
,
That
the
Liberty
of
the
Press
in
Holland
,
and
other
Foreign
States
,
where
permitted
,
not
only
bring
no
inconveniences
,
but
very
great
benefits
and
advantages
to
the
People
.
By
pretence
of
giving
the
King
the
name
of
Supremacy
,
they
have
taken
the
Thing
to
themselves
.
The
word
Supremacy
,
is
of
so
infinite
Extent
,
as
it
can
properly
be
attributed
to
none
but
the
Divine
Power
of
God
;
and
the
words
,
Jurisdiction
and
Government
,
with
which
it
is
joyned
in
the
Stat.
1.
Eliz.
1.
which
gives
the
Form
of
the
Oath
of
Supremacy
,
are
of
that
Vast
Latitude
,
that
in
their
large
literal
Sense
they
include
all
Legislative
,
Judicial
and
Executive
Power
amongst
men
,
and
the
Subject
matters
over
which
it
is
exercised
,
are
all
Divine
and
Human
Rights
;
yea
what
is
more
,
all
things
Spiritual
and
Ecclesiastical
,
as
well
as
Temporal
,
circumscribed
in
nothing
to
difference
it
from
the
Papal
Supremacy
pretended
over
Heaven
,
Earth
and
Hell
,
but
the
Bounds
of
her
Majesties
Dominions
,
within
which
no
wise
man
ever
believed
Heaven
and
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
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
Task-masters
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
,
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
Lay-hand
,
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
give
Investiture
of
a
Kingdom
,
nor
Robes
;
for
though
,
Gen.
3.21
.
God
made
Coats
of
Skins
and
clothed
Adam
;
and
Matth.
6.30
.
clothed
the
Lillies
,
yet
it
is
before
said
,
Solomon
in
all
his
glory
was
not
arrayed
like
one
of
these
:
Which
shews
,
though
God
made
the
Lillies
,
he
made
not
Solomon's
Robes
.
And
the
Prophet
Ahijah
,
1
Kings
11.30
.
though
he
prophesied
the
Kingdom
to
Jeroboam
,
gave
him
neither
Crown
nor
Robes
,
but
rather
disrobed
him
;
for
he
caught
his
new
Garment
he
bad
on
,
and
rent
it
in
twelve
pieces
,
and
gave
him
ten
of
them
.
And
they
were
the
People
only
that
gave
him
the
Investiture
by
Crown
and
Robes
,
if
those
Ceremonies
were
at
all
used
;
for
it
is
said
,
Cap.
12.20
.
The
People
sent
and
called
him
unto
the
Congregation
,
and
made
him
King
over
all
Israel
:
there
was
none
that
followed
the
House
of
David
,
but
the
House
of
Judah
only
.
And
Verse
24.
It
appears
,
that
this
was
from
God
;
yet
were
not
the
Priests
hand
in
it
to
Crown
him
,
for
they
would
not
forsake
the
Sacrifice
at
Jerusalem
;
which
,
Verse
27.
made
Jeroboam
to
fear
,
that
if
the
people
should
go
thither
to
sacrifice
,
they
would
again
return
to
Rehoboam
,
and
caused
him
,
for
prevention
,
to
set
up
the
two
Golden
Calves
at
Dan
and
Bethel
.
As
to
the
Coronation
of
Saul
and
David
,
we
find
Saul
had
a
Crown
,
for
,
the
Amalekite
2
Sam.
1.10
.
who
tells
David
he
slew
him
,
saith
,
I
took
the
Crown
that
was
upon
his
Head
,
and
the
Bracelet
that
was
on
his
Arm
,
and
have
brought
them
hither
unto
my
Lord
.
Coronation
of
Saul
,
not
by
the
Priest
,
but
People
.
(
1.
)
It
appears
not
that
Samuel
gave
him
this
Crown
,
neither
is
it
probable
;
for
as
hath
been
said
before
,
it
appears
not
in
any
History
,
that
God
ever
sent
a
material
Crown
by
any
Prophet
;
and
as
to
the
Jewish
Priests
Custom
they
could
have
none
,
Saul
being
the
first
King
in
that
Kingdom
;
and
Law
they
could
have
none
for
the
Priest
to
make
Tradition
of
the
Crown
to
the
King
,
for
Moses
mentions
no
such
thing
:
therefore
it
was
done
by
the
People
,
who
were
of
necessity
to
shew
their
assent
and
acknowledgment
,
by
some
external
Ceremony
of
acknowledgment
of
their
Governor
,
which
after
the
manner
of
the
Nations
,
after
whose
example
they
desired
to
have
a
King
,
was
by
Tradition
of
a
Crown
,
and
bringing
him
Presents
;
which
Presents
appear
,
1
Sam.
10.27
.
to
be
made
by
the
People
,
and
not
the
Priest
;
for
it
is
there
said
,
The
Children
of
Belial
said
,
How
shall
this
man
save
us
?
and
they
despised
him
,
and
brought
him
no
Presents
.
Coronation
of
David
,
on
a
Conquest
,
by
himself
.
As
to
the
Coronation
of
David
,
it
was
in
a
Kingdom
he
obtained
by
Conquest
,
made
by
himself
,
by
taking
the
Crown
from
the
Conquer'd
King's
Head
,
and
setting
it
on
his
own
head
without
Prophet
,
or
Priest
,
or
Contract
with
the
People
.
2
Sam.
12.26
.
And
Joab
fought
against
Rabbah
of
the
Children
of
Ammon
,
and
took
the
Royal
City
,
And
Joab
sent
Messengers
to
David
,
and
said
,
I
have
fought
against
Rabbah
,
and
have
taken
the
City
of
Waters
.
Now
therefore
gather
the
rest
of
the
People
together
,
and
encamp
against
the
City
,
and
take
it
,
lest
I
take
the
City
,
and
it
be
be
called
after
my
name
.
And
David
gather'd
all
the
People
together
,
and
went
to
Rabbah
,
and
fought
against
it
,
and
took
it
.
And
he
took
their
Kings
Crown
from
off
his
Head
,
(
the
weight
whereof
was
a
Talent
of
Gold
,
with
the
Pretious
Stones
,
)
and
it
was
set
on
David's
Head
:
Thus
appears
Coronation
to
be
over
a
Conquer'd
People
;
Coronation
of
David
on
a
Contract
,
by
the
People
.
but
when
David
hath
to
do
with
a
free
People
of
Judah
and
Israel
,
it
appears
,
he
neither
assumed
the
Crown
himself
with
his
own
hand
,
nor
received
Tradition
or
Investiture
of
any
Prophet
or
Priest
of
the
same
,
but
from
the
People
,
on
Contracts
mutually
agreed
.
Yea
not
only
the
Crown
,
but
the
Anointing
it self
;
which
signified
the
Kingdoms
,
was
given
by
the
People
;
or
,
which
is
all
one
,
by
their
Representative
in
Parliament
,
and
not
by
the
Priest
,
as
will
appear
from
the
Texts
following
,
viz.
1
Sam.
16
,
13.
where
it
is
said
concerning
David
,
when
he
was
brought
before
Samuel
,
Then
Samuel
took
the
Horn
of
Oil
,
and
anointed
him
in
the
midst
of
his
Brethren
:
and
the
Spirit
of
the
Lord
came
on
David
from
that
day
forward.
2
Sam.
2.4
.
The
men
of
Judah
came
,
and
there
they
anointed
David
King
over
the
House
of
Judah
.
And
2
Sam.
5.1
.
Then
came
all
the
Tribes
of
Israel
to
David
unto
Hebron
:
And
Verse
3.
So
all
the
Elders
of
Israel
came
to
the
King
to
Hebron
,
and
King
David
made
a
League
with
them
in
Hebron
before
the
Lord
:
and
they
anointed
David
King
over
Israel
.
And
1
Chron.
1.1
.
Then
all
Israel
gather'd
themselves
to
David
unto
Hebron
:
And
Verse
3.
Therefore
came
all
the
Elders
of
Israel
to
the
King
to
Hebron
,
and
David
made
a
Covenant
with
them
in
Hebron
before
the
Lord
,
and
they
anointed
David
King
over
Israel
,
according
to
the
word
of
the
Lord
by
Samuel
.
By
which
appears
first
,
that
the
anointing
by
Samuel
of
David
,
gave
him
no
Investiture
of
the
Kingdom
;
for
Saul
was
then
alive
,
but
only
he
prophesied
by
this
he
should
be
King
,
and
Successor
after
Saul's
death
,
and
by
Miracle
prepared
and
made
him
capable
and
fit
to
execute
the
Office
,
by
giving
him
from
that
time
the
Spirit
of
God
;
which
Miracle
likewise
followed
the
anointing
of
his
Predecessor
Saul
,
1
Sam.
10.1
,
to
the
12th
.
Verse
.
But
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
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
Vnctae
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
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
eosdemque
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
viribusque
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
Eosque
Separamus
&
Divorciamus
eisdemque
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
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
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
't
is
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
't
is
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
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
,
't
is
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
;
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
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
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
;
't
is
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
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
Vxor
.
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
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
:
'T
is
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
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
't
is
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
,
which
gave
Supremacy
in
Causes
of
Marriage
,
Filiation
,
and
Succession
,
to
the
Bishops
above
Kings
,
and
to
the
Sentences
in
Bishops
Courts
,
and
made
them
above
Appeal
to
the
Kings
Courts
,
and
the
Foundation
of
that
their
Supremacy
was
,
That
then
by
that
Law
Marriage
was
a
Sacrament
,
and
Penance
was
a
Sacrament
;
but
the
Law
being
now
changed
from
Popish
to
Protestant
,
and
the
Supremacy
being
now
given
by
the
Protestant
Law
to
the
King
,
above
the
Bishop
,
as
well
in
Causes
Matrimonial
,
as
in
all
other
Ecclesiastical
Causes
,
and
the
Protestant
Religion
,
taking
away
the
two
Popish
Sacraments
of
Marriage
and
Penance
,
which
were
the
only
Roots
whence
the
Episcopal
Jurisdiction
of
Marriage
,
and
the
incidents
to
the
same
pretended
to
sprout
,
Cessante
Causa
,
&
ratione
legis
cessat
&
Lex
,
the
pretended
Causes
of
the
Jurisdiction
ceasing
,
the
Jurisdiction
it self
ceases
,
whereby
now
the
Certificate
of
the
Bishop
is
so
far
from
being
the
highest
Trial
,
that
it
ought
to
be
no
Trial
at
all
;
for
the
Sacraments
ceasing
,
the
Jurisdiction
ceaseth
;
and
the
Jurisdiction
ceasing
,
the
Power
of
Trial
ought
likewise
to
cease
.
(
5.
)
For
Councel
to
advise
his
Client
to
maintain
a
false
Certificate
of
the
Bishops
,
knowing
it
to
be
false
,
is
as
wicked
,
as
for
the
Bishop
to
make
a
false
Certificate
,
knowing
it
to
be
false
;
or
which
is
impossible
for
him
to
know
to
be
true
,
as
all
relating
to
Filiation
are
,
it
being
their
own
Rule
,
Filiatio
non
potest
probari
,
except
by
the
Parents
;
wherefore
,
ex
Ore
Suo
,
they
condemn
themselves
of
false
Judgment
,
and
are
not
therefore
fit
to
be
Judges
.
11.
They
Judg
by
Ceremonies
,
and
not
by
Circumstances
.
As
to
the
word
,
Ceremonia
,
some
will
have
it
derived
à
Cerere
,
because
they
used
divers
Formalities
in
the
Worship
of
the
Goddess
Ceres
:
But
this
is
not
proper
,
seeing
all
the
Heathen
Gods
and
Goddesses
had
as
many
Formalities
in
their
Worship
as
she
;
others
derive
it
from
Cerete
,
a
Latine
Town
,
whither
(
as
saith
Valerius
Maximus
)
the
Flamen
Quirinalis
and
the
Vestal
Virgins
fled
with
their
Trinkets
,
while
the
Gauls
besieged
Rome
,
others
derive
it
à
Cereis
,
from
Torches
and
Tapers
lighted
made
of
Wax
,
which
amongst
the
old
Pagans
was
a
great
Ceremony
used
in
the
Temples
of
their
Gods
,
and
at
their
Marriages
;
but
this
is
likewise
improper
and
only
figurative
,
to
take
species
famosior
pro
toto
genere
,
and
not
natural
;
so
it
appears
,
the
Etymology
of
it
is
either
unknown
,
or
it
is
it self
an
Original
,
not
derived
from
any
.
Rites
,
which
is
a
word
usually
joined
with
Ceremonies
,
and
much
of
the
same
Signification
,
some
will
have
derived
à
Ritualibus
;
now
the
Rituales
were
old
Magical
and
Superstitious
Books
of
the
Hetruscan
Priests
,
by
help
of
which
,
they
either
conjur'd
their
Gods
,
or
made
the
People
believe
so
;
and
they
had
all
the
Formalities
written
in
them
which
were
to
be
used
at
making
Marriages
,
at
laying
the
Foundations
of
a
City
,
and
how
Altars
,
Temples
,
and
Houses
were
to
be
Consecrated
,
and
how
their
Courts
of
Justice
,
and
Counties
,
and
Hundreds
,
were
to
be
divided
;
for
in
all
these
the
old
Pagans
used
to
Consult
their
Augurs
,
Aruspices
,
Bishops
and
Priests
,
and
were
like
our
Books
of
Ecclesiastical
Canons
:
But
it
seems
rather
these
ritual
Books
had
their
names
derived
from
the
Rites
,
whereof
they
were
made
a
written
Collection
,
and
not
the
Rites
from
the
Rituals
;
and
so
Rites
,
as
well
as
Ceremonies
,
may
be
words
which
none
knows
whence
they
came
,
or
whether
they
will
.
But
to
come
from
the
Etymology
of
the
word
Ceremony
,
to
the
thing
usually
signified
by
it
,
and
the
difference
between
a
Ceremony
and
a
Circumstance
;
it
seems
,
A
Ceremony
is
an
Act
accessary
joined
to
a
Principal
,
not
affecting
the
Principal
Act
with
Good
or
Evil
by
the
Law
of
God
.
A
Circumstance
,
is
an
Act
accessary
joined
with
a
Principal
,
affecting
the
same
Principal
Act
with
Good
or
Evil
by
the
Law
of
God
.
Ceremonies
are
infinite
,
but
Circumstances
are
usually
drawn
to
Seven
Heads
.
-
(
1.
)
The
Cause
of
doing
the
Act
;
which
is
divided
into
four
kinds
,
The
Efficient
,
Final
,
Material
,
Formal
;
and
these
again
subdivided
into
others
.
-
(
2.
)
The
Person
by
,
or
with
whom
the
Act
was
done
.
-
(
3.
)
The
Place
where
it
was
done
.
-
(
4.
)
The
Time
when
it
was
done
.
-
(
5.
)
The
Quantity
continued
,
or
discrete
.
-
(
6.
)
The
Quality
,
which
is
manifold
.
-
(
7.
)
The
Seventh
and
last
Circumstance
,
is
the
Event
of
the
Act
;
the
Civilians
expound
very
improperly
,
and
instance
,
whether
the
Act
is
done
by
Fear
,
Force
,
Error
,
Deceit
,
Fault
,
Chance
,
or
the
like
;
for
how
can
these
which
are
precedent
Causes
of
the
Act
,
and
therefore
ought
to
be
refer'd
to
the
Cirstumstance
of
the
Causes
,
be
said
to
be
the
Event
of
an
Act
,
which
is
always
subsequent
,
and
not
precedent
to
the
Principal
Act
,
and
in
that
sense
is
always
used
by
the
best
Latinists
,
as
Cicero
in
Rhetor.
Things
are
often
judged
from
the
Event
;
than
which
there
is
nothing
more
unjust
:
and
the
Poets
agree
in
the
same
.
—
Careat
Successibus
opto
,
Quisquis
ab
Eventu
facta
notanda
putat
.
Eventus
Belli
incertus
,
wherein
it
is
used
for
the
Fortune
and
Success
following
the
Battel
,
and
not
the
Fortune
or
Chance
which
began
or
occasion'd
it
.
So
the
Common
Law
in
punishing
the
Event
,
as
the
death
of
any
Man
within
a
Day
or
Year
after
his
being
wounded
or
beaten
,
punisheth
only
the
Event
of
an
unlawful
Act
of
wounding
or
beating
,
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
Vnderstanding
,
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
't
is
unlawful
to
Marry
by
a
Priest
,
or
in
a
Temple
;
but
it
is
only
affirmed
,
That
't
is
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
't
is
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
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
before-hand
,
when
't
is
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
't
is
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
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
,
lest
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
Vtopia
;
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
,
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
signisque
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
Vxor
,
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
't
is
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
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
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
Rout
of
Boys
,
for
whom
between
her
Banning
and
her
Churching
it
is
asufficient
sport
a
Week
after
;
lest
the
same
should
cause
,
what
I
endeavour
to
avoid
,
the
Corruption
of
Youth
;
and
shall
only
here
mention
the
grave
Admonition
of
a
Poet
concerning
the
same
.
Nil
dictu
foedum
visuque
haec
limina
tangat
,
Intra
quae
Puer
est
,
procul
hine
procul
inde
Puellae
.
Lenonum
&
Cantus
pernoctantis
Parasiti
,
Maxima
debetur
puero
reverentia
siquid
Turpe
paras
,
nec
tu
pueri
contempseris
Annos
.
Juvenal
.
(
8.
)
It
exposeth
to
publick
view
,
what
God
hath
commanded
to
be
secret
;
and
ridiculously
appointeth
ocular
Witnesses
of
what
is
invisible
,
and
neither
lawful
nor
pussible
to
be
seen
.
Of
this
,
Vid.
P.
101
,
104.
before
.
(
9.
)
It
causeth
Community
of
Women
,
Community
of
Children
,
Fornication
,
Adultery
,
Stews
,
Brothels
,
and
the
dissemination
of
most
contagious
and
deadly
Diseases
amongst
the
People
.
As
to
Community
of
Women
,
it
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
,
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.
)
'T
is
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.
)
'T
is
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
.
—
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
't
is
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
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
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
,
Vri
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
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
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
populique
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
,
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
,
jusque
pudorque
jubent
.
Wife
fear
thy
Husband
.
Let
thy
Wardship
stand
,
'T
is
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
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
;
ubique
Jove
fruimur
;
omnes
Hujus
enim
genus
sumus
.
So
the
great
Latine
Poet
,
Virgil
Eclog.
3.
—
Jovis
omnia
plena
,
Ille
colit
terras
illi
,
mea
Carmina
curae
.
Jove
keeps
the
Earth
,
all
things
full
of
him
are
,
And
he
even
of
my
Verses
taketh
care
.
Cato
after
the
overthrow
given
by
Caesar
to
Pompey
,
of
whose
Party
he
was
,
being
advised
to
consult
with
the
Oracle
of
Jupiter
Hammon
what
course
he
were
best
take
;
Answers
thus
,
Estne
Dei
sedes
nisi
Terra
&
Pontus
,
&
Aer
,
Et
coelum
&
virtus
?
superos
quid'quaeritis
ultra
?
Jupiter
est
quocunque
vides
,
quocunque
moveris
.
Lucan
.
Is
Gods
Seat
other
than
Earth
,
Sea
,
and
Air
,
And
Heaven
and
Vertue
?
why
do
you
despair
,
And
seek
beyond
?
who
wheresoe're
in
these
You
go
or
see
,
there
to
be
found
doth
please
.
It
is
not
here
affirmed
,
(
as
is
already
said
)
That
't
is
unlawful
for
any
to
Marry
or
Worship
by
a
Priest
in
a
Temple
,
or
in
a
Publick
Convention
;
but
it
seems
unlawful
to
compel
any
whose
Conscience
is
dissentient
or
doubtful
;
and
that
the
Scriptures
and
Christ
are
so
far
from
Compulsion
,
that
where
Parties
are
not
agreed
,
they
forbid
so
much
as
two
or
three
to
convene
,
as
Amos
3.3
.
Can
two
walk
together
,
except
they
agree
?
and
though
they
do
agree
,
yet
single
Prayer
in
private
seems
to
be
prefer'd
,
as
appears
by
what
follows
.
Prayer
in
Temples
and
Synagogues
forbid
by
Christ
,
and
a
distinction
of
the
Place
of
Prayer
and
Preaching
Commanded
.
There
is
as
little
encouragement
given
by
the
Prophets
in
the
Old
Testament
for
Sacrifices
,
Altars
and
Temples
,
as
there
is
by
Christ
in
the
New
,
for
Prayer
and
Sacrament
in
Synagogues
and
Temples
Jer.
7.4
.
Trust
ye
not
in
lying
words
,
saying
,
The
Temple
of
the
Lord
,
the
Temple
of
the
Lord
,
the
Temple
of
the
Lord
these
are
.
Hos.
8.14
.
Israel
hath
forgotten
his
Maker
,
and
buildeth
Temples
.
Revel.
21.22
.
There
was
no
Temple
in
the
New
Jerusalem
,
nor
was
there
any
Temple
in
the
Earthly
Paradise
more
than
in
the
Heavenly
,
yet
was
Marriage
instituted
by
God
.
But
hear
next
what
he
,
who
saith
,
Matth.
12.6
.
here
is
one
greater
than
the
Temple
,
will
say
of
Prayer
in
Synagogues
which
were
the
Jews
Parochial
Churches
,
and
Temples
which
were
the
Cathedrals
.
John
4.21
.
Jesus
talking
with
the
Samaritan
Woman
,
saith
unto
her
,
Believe
me
,
the
hour
cometh
when
ye
shall
neither
in
this
Mountain
,
nor
in
Jerusalem
Worship
the
Father
.
And
Verse
23.
The
hour
cometh
,
and
now
is
,
when
the
true
Worshippers
shall
Worship
the
Father
in
Spirit
and
in
Truth
:
for
the
Father
seeketh
such
to
Worship
him
.
And
they
that
Worship
him
,
must
Worship
him
in
Spirit
,
and
Truth
'T
is
granted
,
the
Jews
set
up
a
Local
Worship
in
Synagogues
and
Temples
,
but
this
Judaisme
Christ
expressly
saith
,
the
hour
was
then
come
that
it
must
be
abolish'd
,
and
all
Jewish
Ceremonial
Law
,
and
the
Temple
it self
he
foretold
,
in
the
future
there
should
not
be
left
one
stone
upon
another
.
That
he
forbids
a
Prayer
to
be
made
in
Synagogues
,
Temples
,
or
any
other
publick
Place
,
and
commands
the
same
to
be
made
privately
in
the
Closet
,
appears
,
Matth.
6.5
.
When
thou
prayest
,
thou
shalt
not
be
as
the
Hypocrites
are
:
for
they
love
to
pray
standing
in
the
Synagogues
,
and
in
the
Corners
of
the
Streets
,
that
they
may
be
seen
of
Men.
Verily
I
say
unto
you
,
they
have
their
reward
.
But
when
thou
prayest
,
enter
into
thy
Closet
,
and
when
thou
hast
shut
thy
door
,
pray
to
thy
Father
which
is
in
secret
,
and
thy
Father
which
seeth
in
secret
,
shall
reward
thee
openly
.
The
Jewish
Synagogues
were
their
Churches
or
Temples
,
having
a
lesser
or
Parochial
Jurisdiction
;
and
the
Cathedral
Church
or
great
Temple
having
the
National
Jurisdiction
;
but
Prayer
in
both
is
abolished
by
Christ
.
It
is
granted
that
in
both
the
lesser
and
the
greater
Christ
used
to
Teach
,
as
it
is
said
,
Matth.
4.23
.
And
Jesus
went
about
all
Galilee
,
teaching
in
their
Synagogues
,
and
preaching
the
Gospel
of
the
Kingdom
,
and
healing
all
manner
of
sickness
,
and
all
manner
of
Diseases
amongst
the
People
.
And
Mar.
14.49
.
he
saith
of
himself
,
I
was
daily
teaching
in
the
Temple
.
And
the
avoiding
of
publick
Prayer
he
taught
not
only
by
his
Precept
but
Example
,
for
we
never
find
that
he
so
much
as
Convened
the
Twelve
,
who
were
his
own
Family
,
to
pray
with
him
,
but
Mark
1.35
.
He
went
out
,
and
departed
into
a
solitary
place
,
and
there
prayed
.
And
Matth.
14.23
.
He
went
up
into
a
Mountain
apart
to
pray
:
and
when
the
Evening
was
come
,
he
was
there
alone
.
And
Matth.
26.36
.
Then
cometh
Jesus
with
them
unto
a
place
called
Gethsemane
,
and
saith
unto
the
Disciples
;
Sit
ye
here
,
while
I
go
and
pray
yonder
.
Whereby
it
is
clear
,
that
Christ
both
by
Precept
and
Example
taught
,
there
ought
a
distinction
to
be
made
between
the
place
of
Preaching
and
Prayer
;
the
one
to
be
publick
,
the
other
to
be
private
,
the
one
to
be
in
conventions
,
the
other
to
be
single
and
alone
;
and
if
he
prohibited
the
contrary
to
any
who
were
free
,
he
much
more
prohibited
any
should
be
compell'd
.
Then
as
to
Non-Communicants
,
't
is
manifest
Christ
never
instituted
the
Sacrament
in
a
Church
,
or
Temple
,
nor
appointed
the
same
to
be
after
Celebrated
there
;
for
he
instituted
it
in
a
private
House
,
and
no
company
with
him
,
but
his
own
private
Family
with
him
,
as
Matth.
26.17
.
It
is
said
,
Now
the
first
day
of
the
Feast
of
unlevened
bread
,
the
Disciples
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
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
,
't
is
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
,
't
is
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
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
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
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
Vs
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
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
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
,
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
,
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
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
,
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
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
Vbi'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
'T
is
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
't
is
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
atque
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
utraque
pari
malarum
parte
profusa
est
;
Et
maestum
simul
ante
aras
adstare
parentem
Sensit
,
&
hunc
propter
ferrum
Coelare
ministros
;
Adspectúque
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
,
tremebundáque
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
faustúsque
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
Vlyssem
,
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
Vxore
&
nato
,
mala
multa
precatus
Atridis
,
Non
ille
aut
Teuerum
,
aut
ipsum
violavit
Vlyssem
.
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
:
atque
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
.
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
Vlysses
.
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
Vlysses
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.
'T
was
with
thine
own
blood
Mad
man
.
A.
true
,
't
was
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
't
was
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
(
't
is
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
,
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
,
Vxorum
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
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
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
Child-bearing
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
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
Child-bearing
:
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
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
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
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
Vagituque
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
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
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
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
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
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
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
,
miserumque
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
Good-will
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
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
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
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
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
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
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
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
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
neque
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
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
Vniversities
,
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
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
enough
,
in
keeping
up
still
this
old
Popish
Language
in
the
written
.
Instruments
of
Bonds
,
Charters
and
Patents
;
you
shall
not
have
a
Bond
in
Latine
written
by
an
ordinary
Clerk
or
Scribe
in
the
Countrey
,
but
he
is
apt
to
mistake
;
sometimes
he
will
write
Wiginti
for
Viginty
,
Quadraginta
for
Quadringenti
,
Quinquaginta
for
Quinginti
,
or
the
like
;
or
mistake
in
the
Dashes
,
for
if
those
too
be
not
More
Clericorum
,
't
is
as
bad
as
false
Latine
;
yea
,
to
put
in
true
Latine
,
where
they
use
to
write
it
false
,
may
be
dangerous
;
for
you
run
a
hazard
,
either
to
lose
your
Money
,
or
to
fall
into
the
misery
of
a
Common
Law
Demurrer
,
or
a
Chancery
Suite
,
which
costs
many
times
more
than
the
Principal
is
worth
,
to
recover
,
it
.
Then
further
,
if
the
Obligor
or
Obligee
understand
not
Latine
,
nor
can
examine
the
Writing
to
be
Sealed
,
the
Scrivener
or
Clerk
may
take
Money
of
one
part
,
and
Cheat
the
other
as
he
pleaseth
.
Then
as
for
Latine
in
Charters
and
Patents
,
they
are
Penn'd
in
such
obsolete
,
uncouth
,
and
Barbarous
Terms
,
that
the
King
is
many
times
abused
and
deceived
in
his
Graunt
,
and
the
Grauntees
likewise
;
and
fall
often
into
tedious
and
wastful
Suites
about
a
word
,
which
if
they
had
been
in
English
would
never
have
been
nor
happen'd
.
As
bad
mischiefs
likewise
often
fall
out
by
the
Physician
's
using
this
Popish
Language
in
his
Bills
,
as
by
the
Lawyers
;
for
the
Apothecaries
Boys
,
though
they
have
been
at
School
,
know
not
all
the
words
in
the
Dictionary
,
nor
can
they
find
there
the
Barbarous
Words
and
Terms
of
Latine
or
Greek
Physick
,
nor
their
Antick
and
unnecessary
Notes
or
Characters
of
Weights
and
Measures
:
So
that
oftentimes
by
mistake
,
either
of
the
Ingredient
or
Dose
,
many
a
Patient
is
thereby
Poison'd
and
kill'd
,
and
be
he
Protestant
or
Papist
,
they
find
alike
,
that
their
Implicite
Faith
in
the
Doctors
Latine
did
not
save
,
but
destroy
them
;
though
they
come
not
to
complain
after
they
are
dead
.
Again
,
to
keep
Laws
and
Judgment
in
Latine
,
shews
that
Bishops
are
not
(
as
they
falsely
pretend
)
Successors
to
Christ
,
nor
to
the
Apostles
;
for
those
who
had
mission
from
them
,
had
the
gift
of
Tongues
,
purposely
that
they
might
Preach
to
every
Nation
in
their
own
Language
;
as
appears
Acts
2.7
.
And
they
were
all
amazed
,
and
marvelled
,
saying
one
to
another
,
Are
not
all
these
which
speak
Galileans
?
And
how
bear
we
every
Man
in
our
own
Tongue
,
wherein
we
were
born
?
Parthians
,
and
Medes
,
and
Elamites
,
and
the
dwellers
in
Mesopotamia
,
and
in
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
speak
five
words
with
my
Vnderstanding
,
than
Ten
Thousand
words
in
an
unknown
Tongue
.
To
Judg
a
Nation
therefore
in
an
unknown
Tongue
,
is
Anti-Christian
,
and
Anti-Apostolick
.
Though
the
Turk
prohibites
Translation
of
his
Alcoran
out
of
the
Arabick
Tongue
into
the
Turkish
Language
,
yet
he
permits
the
People
to
have
matters
of
Justice
administred
to
them
in
their
own
Tongue
.
In
old
Rome
the
Forms
of
Actions
and
Judicial
Proceedings
,
were
for
many
Ages
kept
hid
by
the
Priests
in
secret
,
amongst
the
pretended
Sacred
Rites
and
Ceremonies
of
their
gods
;
which
matters
of
Religion
and
Justice
were
by
most
of
the
Ancient
Priests
kept
in
a
Language
unknown
to
the
People
,
under
the
name
of
a
Sacred
Language
,
and
only
understood
by
the
Priests
;
one
of
these
Books
of
Forms
Cneius
Flavius
,
a
Clerk
to
one
of
the
Priests
,
Copied
or
Translated
;
and
Published
one
,
to
the
great
Indignation
of
his
Master
,
and
of
all
the
rest
of
the
College
of
Priests
.
But
so
grateful
was
the
doing
the
same
to
the
People
,
that
they
advanced
him
to
great
Honours
,
and
made
him
a
Curule
Aedile
,
only
for
doing
the
same
.
In
the
Councils
of
Venice
,
the
Nobles
are
bound
to
use
the
Venetian
Language
,
and
when
any
hath
begun
to
speak
Latine
,
they
have
him
in
great
Dislike
,
clapping
their
hands
and
crying
out
hold
,
hold
.
Govern.
Ven.
26.
In
China
though
the
Languages
of
the
Provinces
differ
,
yet
have
they
one
General
Court-Language
,
call'd
Quonhoa
,
for
their
Courts
and
Writings
,
which
is
common
through
all
China
,
by
means
whereof
the
Magistrate
need
not
in
every
Province
to
learn
a
new
Language
.
Though
the
Persian
Empire
was
very
great
,
and
contained
an
Hundred
and
Twenty
Provinces
,
and
every
Province
had
a
Satrapa
or
Sheriff
to
Govern
it
,
yet
,
Esther
1.22
.
Ahasuerus
sent
his
Writs
unto
all
these
Sheriffs
into
every
Province
,
according
to
the
writing
thereof
,
and
unto
every
People
after
their
own
Language
.
The
Greeks
and
Romans
had
their
Proceedings
in
their
own
Language
.
And
in
Germany
all
Law-Suites
are
in
the
German
Language
,
as
saith
Clapmarius
de
Arcan
.
Dom.
P.
119.
Constitutio
imperii
est
,
ne
in
Camera
lites
alia
Lingua
intendantur
nisi
Germanica
.
Jerem.
5.15
.
Threatens
,
as
the
greatest
Plague
,
I
will
bring
a
Nation
upon
you
from
far
,
(
and
after
he
saith
)
a
Nation
whose
Language
thou
knowest
not
,
neither
understandest
what
they
say
.
Their
Quiver
is
an
open
Sepulchre
,
they
are
all
mighty
men
,
and
they
shall
eat
up
thy
Harvest
,
and
thy
Bread
,
which
thy
Sons
and
thy
Daughters
should
eat
,
they
shall
eat
up
thy
Flocks
and
thy
Herds
;
they
shall
eat
up
thy
Vines
and
thy
Fig-trees
;
they
shall
impoverish
thy
Feneed
Cities
wherein
thou
trustedst
,
with
the
Sword
.
And
what
do
Bishops
with
their
Latine
,
and
false
Latine
,
and
the
whole
Language
of
the
Beast
,
but
the
same
?
This
is
a
great
Evil
;
yet
would
be
Remedied
with
a
word
,
and
would
make
his
Majesties
Name
Renowned
to
future
Generations
,
that
he
was
the
first
King
of
England
who
vouchsafed
to
send
his
Commands
to
his
Subjects
,
in
the
same
Royal
Language
which
he
spoke
himself
.
They
Judg
for
Fees
,
and
not
for
Salary
.
Bajazet's
fury
against
Judges
taking
Bribes
.
In
the
time
of
Bajazet
the
Fourth
,
the
Turkish
Kingdom
growing
in
Greatness
,
grew
likewise
in
Corruption
,
but
especially
in
the
Men
of
Law
and
Judges
of
his
Courts
,
who
made
all
Justice
saleable
for
Bribes
;
whereat
Bajazet
grievously
inraged
,
commanded
divers
of
the
same
Judges
to
be
apprehended
,
determining
to
the
Terror
of
others
to
have
executed
them
,
whose
dangerous
Estate
was
much
pitied
by
Alis
Bassa
and
other
Courtiers
,
they
perhas
selling
their
Places
to
them
,
and
thereby
forceing
them
to
sell
Justice
to
others
;
yet
none
of
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
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
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
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
.
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
,
atque
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
,
rebusque
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
,
atque
eat
,
the
word
Atque
signifieth
Statim
,
presently
,
in
which
sense
it
is
taken
in
Leg.
filia
20.
C.
de
inof
.
Testam
.
and
in
Virgil.
—
Atque
illum
prono
rapit
alveus
amni
.
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
,
Vt
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
,
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
,
rebusque
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
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
fault
between
thee
and
him
alone
;
if
he
shall
hear
thee
,
thou
hast
gained
thy
Brother
.
But
if
he
will
not
hear
thee
,
then
take
with
thee
one
or
two
,
that
in
the
Mouth
of
two
or
three
Witnesses
,
every
word
may
be
established
.
And
if
he
shall
neglect
to
hear
them
,
tell
it
unto
the
Church
:
but
if
he
neglect
to
hear
the
Church
,
let
him
be
to
thee
as
an
Heathen
man
and
a
Publican
.
After
the
Servant
who
had
been
forgiven
by
his
Lord
Ten
Thousand
Talents
,
Verse
28
:
Went
out
,
and
found
one
of
his
fellow-servants
which
ought
him
an
Hundred
Pence
:
and
he
laid
hands
on
him
,
and
took
him
by
the
Throat
,
saying
,
Pay
me
that
thou
owest
.
And
his
fellow-servant
fell
down
at
his
feet
,
and
besought
him
,
saying
,
Have
patience
with
me
,
and
I
will
pay
thee
all
.
And
he
would
not
:
but
went
and
cast
him
into
Prison
,
till
be
should
pay
the
Debt
.
Verse
32.
Then
his
Lord
,
after
that
he
had
called
him
,
said
unto
him
,
O
thou
wicked
Servant
,
I
forgave
thee
all
that
Debt
,
because
thou
desiredst
me
:
Shouldest
not
thou
also
have
had
compassion
on
thy
fellow-servant
,
even
as
I
had
pity
on
thee
?
And
his
Lord
was
wroth
,
and
delivered
him
to
the
Tormenters
,
till
he
should
pay
all
that
was
due
unto
him
.
As
to
Criminal
Proceeding
the
Texts
are
,
1
Tim.
5.19
.
Against
an
Elder
receive
not
an
Accusation
,
unless
under
two
or
three
Witnesses
.
Numb.
35.30
.
Whoso
killeth
any
Person
,
the
Murderer
shall
be
put
to
death
,
by
the
mouth
of
Witnesses
:
but
one
Witness
shall
not
Testisie
against
any
Person
to
cause
him
to
die
.
Moreover
,
ye
shall
take
no
satisfaction
for
the
life
of
a
Murderer
,
which
is
guilty
of
death
,
but
he
shall
be
surely
put
to
death
.
Deuter.
17.8
.
If
there
arise
a
matter
too
hard
for
thee
in
Judgment
,
between
Blood
and
Blood
,
between
Plea
and
Plea
,
and
between
Stroke
and
Stroke
,
being
matters
of
Controversie
within
thy
Gates
:
then
shalt
thou
arise
,
and
get
thee
up
into
the
place
which
the
Lord
thy
God
shall
chuse
;
And
thou
shalt
come
unto
the
Priests
the
Levites
,
and
unto
the
Judg
that
shall
be
in
those
days
,
and
enquire
,
and
they
shall
shew
thee
the
Sentence
of
Judgment
.
From
all
which
may
be
infer'd
,
(
1.
)
That
no
man
ought
to
be
Summon'd
before
a
Judg
,
till
a
Copy
of
the
Plaintiffs
Declaration
be
first
given
him
.
For
Christ
saith
,
If
thy
Brother
Trespass
against
thee
,
go
and
tell
him
his
Fault
between
thee
and
him
alone
;
which
is
fully
performed
by
giving
him
a
Copy
of
the
Declaration
or
Bill
of
Complaint
,
and
without
it
the
same
cannot
be
done
,
nor
the
full
State
of
the
Case
be
Represented
to
him
,
nor
he
take
time
of
deliberation
for
an
Answer
.
And
from
this
Precept
of
Christ
will
follow
,
first
,
the
Ordaining
of
Editio
&
vocatio
in
jus
simul
ex
continenti
,
by
the
Popish
Theodor
an
Bishops
;
in
the
Civil
Law
is
a
corruption
and
destroying
of
the
Excellent
Law
of
the
Twelve
Tables
,
Si
in
jus
voces
atque
eat
,
which
is
already
proved
to
have
implied
a
Preceding
Oblatio
Libelli
,
and
was
the
clear
Law
of
Nature
,
and
immutable
in
all
Civil
Actions
.
(
2.
)
That
the
Law
of
Scotland
,
of
including
the
Libel
in
the
Summons
,
though
it
far
excel
our
Summons
by
Writs
,
yet
it
is
not
so
perfect
as
the
Precepts
of
Christ
,
to
make
the
Oblatio
Libelli
,
or
to
give
the
Copy
of
the
Declaration
to
the
Defendant
before
Summons
;
for
first
,
he
must
be
forced
to
send
many
times
Hundreds
of
Miles
to
a
Judg
to
get
a
Summons
,
before
the
Return
of
which
,
all
the
business
if
there
is
no
Contumacy
,
may
be
far
better
agreed
and
ended
between
him
and
his
Brother
at
home
.
Secondly
,
If
there
is
no
Contumacy
(
as
there
can
be
none
,
before
a
Copy
of
the
Declaration
delivered
,
by
which
the
Demand
is
made
)
it
is
unjust
to
lay
such
a
Punishment
on
a
Defendant
,
to
run
Hundreds
of
Miles
to
his
great
Cost
and
Trouble
in
England
,
to
appear
before
a
Judg
at
Westminster
,
and
when
he
comes
there
,
no
Bill
in
Chancery
,
nor
any
Declaration
at
Common
Law
,
is
put
against
him
.
And
in
Scotland
to
appear
at
Edenburgh
at
a
longer
day
,
when
he
was
ready
and
tender'd
to
satisfie
his
Brother
at
home
in
a
shorter
,
and
he
refused
,
only
to
put
him
to
Charge
and
Vexation
.
Thirdly
,
It
is
unreasonable
and
unjust
,
that
the
Plaintiff
should
be
compell'd
to
send
so
far
for
such
a
Trivial
Formality
as
the
hand
of
a
Judg
to
his
Libell'd
Summons
,
or
to
expect
no
Judicial
assistance
from
it
,
if
he
gratis
make
Oblatio
Libelli
,
as
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
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
,
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
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
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
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
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
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 woolgathering
,
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
't
is
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
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
't
was
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
't
is
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
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
atrisque
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
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
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
't
is
complains
,
Or
what
't
is
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
,
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
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
Countrey-man
▪
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
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
Vsucapio
.
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
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
't
is
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
,
't
is
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
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
quacunque
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
,
ubicunque
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
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
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
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
,
't
is
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
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
Richard
Roe
,
the
Counter-pledges
exacted
of
the
Defendant
,
are
now
turned
to
a
Fiction
;
John
Den
,
and
Richard
Fen.
Courts
of
Justice
compel
to
Fictions
and
Falsities
.
It
doth
not
satisfie
Courts
of
Justice
to
tolerate
Fictions
and
Falsity
,
but
they
compel
to
them
;
as
,
the
Defendant
shall
be
compell'd
to
give
colour
;
a
meer
insensible
Fiction
and
Lie
,
he
shall
be
compell'd
at
Common
Law
to
answer
Negatively
or
Affirmatively
,
as
if
he
were
Omniscient
,
and
shall
not
be
permitted
to
say
Dubito
,
or
Ignoro
,
though
Juries
of
greater
number
may
all
say
Ignoramus
;
he
shall
be
compell'd
to
a
Plus
petitio
,
to
avoid
a
Variance
between
his
Obligation
and
his
Declaration
,
as
Bro.
Confess
.
37.
If
a
man
Sue
an
Obligation
for
Ten
Pounds
,
and
the
Defendant
confesseth
all
except
Forty
Shillings
,
whereof
he
sheweth
an
Acquittance
,
the
Plaintiff
prays
Judgment
,
and
says
nothing
of
his
Acquittance
,
for
if
he
confess
it
,
his
Writ
should
have
abated
.
Fictions
of
Acts
made
the
first
day
of
the
Session
.
If
an
Act
of
Parliament
come
before
them
to
judg
,
when
it
was
made
,
they
will
judg
it
by
Fiction
,
to
be
made
the
first
day
of
the
Session
.
33.
H.
6.17
.
the
Case
was
this
,
In
the
Exchequer-Chamber
,
Fortescue
Rehearsed
how
the
Parliament
last
past
,
made
a
special
Act
against
John
Pilkington
Esq
for
the
Rape
of
a
Woman
out
of
N.
&c.
and
Rehearsed
the
effect
of
the
Act
,
and
how
by
the
same
Process
was
granted
to
be
made
to
the
Sheriff
of
E
:
to
make
certain
proclamations
in
a
Ville
,
that
the
said
John
ought
to
appear
before
the
Lords
at
W.
at
a
certain
day
,
&c.
to
answer
to
the
Trespass
contained
in
the
said
Act
,
&c.
and
if
he
would
not
,
that
then
he
should
be
attaint
of
the
Trespass
,
and
pay
a
certain
Sum
to
the
Party
,
&c.
and
that
the
Proclamations
were
accordingly
made
and
returned
into
Chancery
,
and
the
said
John
made
no
Appearance
,
&c.
and
after
the
said
John
was
taken
,
and
in
the
Kings-Bench
,
committed
to
the
Marshals-Ward
for
certain
Causes
,
on
which
a
Transcript
of
the
Act
,
and
a
Mittimus
was
sent
out
of
the
Chancery
directed
to
us
,
&c.
whereupon
the
Marshal
was
charged
with
him
for
the
same
Condemnation
contained
in
the
Act
,
and
the
said
Prisoner
comes
now
and
alledges
by
his
Councel
,
That
the
Act
of
Parliament
is
not
sufficient
,
and
therefore
prays
to
be
discharged
,
&c.
for
the
Bill
being
directed
to
the
Commons
,
pass'd
them
well
,
and
was
endorsed
in
this
Form
,
Let
it
be
delivered
to
the
Lords
;
but
whereas
the
Bill
was
,
That
the
said
John
should
render
himself
before
the
Feast
of
Pentecost
next
ensuing
;
the
Lords
endorsed
the
Bill
in
this
Form
,
The
Lords
grant
,
that
in
case
he
appear
not
before
the
Feast
of
Pentecost
,
which
shall
be
Anno
Domini
,
1452.
&c.
to
wit
,
at
Pentecost
next
,
after
the
Feast
contained
in
the
Bill
.
And
therefore
the
Lords
granted
a
longer
day
then
was
granted
by
the
Commons
,
in
which
Case
,
the
Commons
ought
to
have
had
the
Bill
deliver'd
back
again
to
them
and
they
to
have
assented
to
the
Grant
of
the
Lords
,
which
was
not
done
;
and
therefore
such
Act
of
Parliament
is
void
.
Fortescue
,
It
seems
we
ought
to
intend
no
otherwise
but
that
the
Act
is
good
,
for
the
King
hath
written
to
us
by
his
Writ
,
and
hath
certified
unto
us
,
That
the
Bill
is
confirmed
by
Authority
of
Parliament
.
Illingworth
Chief
Baron
,
This
cannot
here
be
intended
as
you
say
;
for
the
Writ
which
is
made
only
by
a
Clerk
of
the
Chancery
,
cannot
make
an
Act
of
Parliament
good
if
it
be
vicious
in
it self
,
&c.
And
afterwards
he
sent
for
Kirkby
keeper
of
the
Rolls
,
and
for
Faukes
Clerk
of
the
Parliament
.
Fortescue
Rehearsed
the
matter
to
them
both
;
on
which
Kirkby
,
Sir
,
The
course
of
the
Parliament
is
this
,
&c.
But
if
any
Bill
is
particular
,
or
other
Bill
,
which
is
first
deliver'd
to
the
Commons
and
pass'd
,
they
use
to
endorse
the
Bill
in
this
Form
,
Let
it
be
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
't
is
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
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
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
,
Vt
major
pars
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
,
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
't
is
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
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
Fore-speakers
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
,
Vt
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
Vna
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
,
Vosque
poetae
Lugete
novi
,
Vosque
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
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
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
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
,
't
is
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
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
adeoque
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
,
easque
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.
Vt
nunc
Status
Judiciorum
nostrorum
habet
,
viginti
,
interdum
Triginta
dilationes
Dari
solent
,
eaeque
ex
causis
plerumque
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
itaque
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
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
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
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
,
Vt
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
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
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
or
Common-Pleas
,
or
Lords-Court
,
or
County-Court
?
Then
't
is
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
,
't
is
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
Out-work
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
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
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
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
.
't
is
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
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
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
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
,
't
is
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
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-la-mode
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
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
't
is
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
,
't
is
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
,
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
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
't
is
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
Vtlagatum
,
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
't
is
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
't
was
I
cannot
tell
)
'T
was
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
:
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
;
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
't
is
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
,
Yet
before
Hearing
he
ought
not
In
Cruel
Prison
Starve
or
Rot
;
And
Magna
Charta
none
can
be
Of
Property
or
Liberty
,
Unless
't
is
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
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
't
were
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
,
deque
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
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
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
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
Concionesque
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
tribusque
Civitatibus
ad
propulsandum
commune
periculum
conventus
,
ita
dum
singuli
pugnant
Vniversi
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
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
.
LVgeat
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
,
multisque
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
,
Cumque
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
,
spemque
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
Vriel
,
as
Prince
of
the
Rank
under
which
he
is
,
Governs
,
let
him
be
Accursed
of
him
and
all
his
Rank
;
and
if
he
was
born
in
the
Month
Jier
,
which
the
Angel
called
Trephaniel
,
as
Prince
of
the
Rank
under
which
he
is
,
Governs
,
let
him
be
Accursed
of
him
and
all
his
Rank
;
and
if
he
is
born
under
the
Month
Sivan
,
&c.
(
this
Cursing
runs
through
every
Month
one
after
another
in
the
same
words
)
Then
follows
,
Let
him
be
Accursed
of
the
Seven
Angels
set
over
the
Seven
Days
of
the
Week
,
and
of
all
their
Ranks
and
helping
Powers
;
let
him
be
Accursed
of
the
Four
Angels
set
over
the
Four
Quarters
of
the
Year
,
and
of
all
their
Ranks
and
helping
Powers
;
let
him
be
Accursed
of
the
Seven
Palaces
;
let
him
be
Accursed
of
the
Princes
of
the
Law
,
in
the
name
of
the
Crown
;
and
in
the
name
of
the
Seal
;
let
him
be
Accursed
of
the
Great
God
,
strong
and
bright
;
let
their
be
Confusion
of
his
Seed
;
let
him
fall
with
a
swift
Ruin
;
let
the
God
,
the
God
of
the
Spirits
of
all
Flesh
,
destroy
and
cast
him
away
;
let
the
God
,
the
God
of
the
Spirits
of
all
Flesh
,
subdue
him
;
let
the
God
,
the
God
of
the
Spirits
of
all
Flesh
,
overthrow
him
;
let
the
God
,
the
God
of
the
Spirits
of
all
Flesh
,
keep
him
down
;
let
the
Wrath
of
the
Lord
,
and
a
violent
Whirlwind
fall
on
the
head
of
the
Wicked
;
let
the
Angel
of
Destruction
fall
upon
him
;
let
him
be
Accursed
in
all
things
to
which
he
sets
himself
;
let
his
Soul
depart
in
Terror
;
let
him
die
of
the
Quinsey
;
let
not
his
Breath
go
out
nor
return
,
with
the
Consumption
,
Fever
,
Burning
,
Drought
;
let
him
be
smitten
with
the
Sword
,
with
pining
away
,
with
the
Jaundice
,
nor
before
his
Destruction
be
freed
from
them
;
let
his
Sword
enter
into
his
heart
,
and
let
his
Bow
be
broken
;
let
him
be
as
Dust
before
the
Wind
,
and
let
the
Angel
of
the
Lord
scatter
him
;
let
his
way
be
Darkness
and
Slipperiness
,
and
the
Angel
of
the
Lord
persecute
him
;
let
unlooked-for
Desolation
come
upon
him
,
and
let
the
Net
which
he
hath
hid
take
him
;
let
them
Expell
him
from
the
Light
into
Darkness
,
and
from
the
habitual
World
they
shall
Banish
him
;
Tribulation
and
Straights
shall
terrifie
him
,
his
Eyes
shall
see
his
own
Destruction
,
and
he
shall
drink
the
Wrath
of
the
Almighty
;
let
him
put
on
Cursings
as
a
Garment
;
let
him
devour
the
strength
of
his
Skin
;
also
God
shall
scatter
him
for
ever
,
and
shall
root
him
out
of
his
Tabernacle
:
The
Lord
will
not
rest
to
forgive
him
,
but
the
Wrath
of
the
Lord
and
his
Jealousie
shall
smoak
against
that
man
,
and
all
the
Curses
which
are
written
in
the
Book
of
this
Law
shall
lie
upon
him
for
Evil
,
out
of
all
the
Tribes
of
Israel
,
according
to
all
the
Curses
of
the
Covenant
which
are
written
in
the
Law
.
But
you
who
adhere
to
the
Lord
your
God
,
bless
you
this
Day
,
he
who
blessed
Abraham
,
Isaac
,
Jacob
,
Moses
and
Aaron
,
David
and
Solomon
,
and
the
Prophets
of
Israel
,
and
those
who
amongst
the
Nations
are
Holy
,
bless
this
Holy
Congregation
,
and
all
other
Holy
Congregations
:
Except
only
He
who
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
,
Fastings
,
choice
or
difference
of
Meats
,
and
single
Life
;
she
possessing
the
Kingdom
,
and
by
Usurping
the
place
of
the
Supreme
Head
of
the
Church
in
all
England
,
and
the
chief
Authority
and
Jurisdiction
of
the
same
,
hath
again
brought
the
said
Realm
into
miserable
Destruction
.
Unto
her
all
such
as
are
the
worst
of
the
People
resort
,
and
are
by
her
received
into
safe
Protection
,
&c.
We
do
declare
,
That
the
said
Elizabeth
,
and
as
many
as
stand
on
her
side
in
the
matter
above-named
,
have
incur'd
the
Sentence
of
our
Curse
:
We
also
declare
,
That
we
have
Deprived
her
from
that
Right
she
pretended
to
have
in
the
Kingdom
aforesaid
;
and
also
from
all
and
every
her
Authority
,
Dignity
and
Privilege
.
We
charge
and
forbid
all
and
every
the
Nobles
,
and
Subjects
,
and
People
,
and
others
aforesaid
,
that
they
be
not
so
hardy
as
to
obey
her
,
or
her
Admonitions
,
Commandments
,
or
Laws
,
upon
pain
of
the
like
Curse
upon
them
:
We
pronounce
,
That
all
,
whosoever
by
any
occasion
have
taken
their
Oath
unto
her
,
are
for
ever
discharged
of
such
their
Oath
,
and
also
from
all
Fealty
and
Service
which
was
due
to
her
by
Reason
of
her
Government
,
&c.
All
the
said
Forms
of
Excommunications
Wicked
and
Anti-Christian
.
Forms
of
Excommunication
Wicked
and
Anti-Christian
.
As
to
which
Forms
of
Jewish
,
Greckish
,
and
Romish
Excommunications
,
they
are
all
Wicked
,
and
liable
to
their
several
Exceptions
.
(
1.
)
The
Jewish
and
Greekish
praying
for
Curses
to
Angels
and
Saints
,
fall
into
the
Crimes
of
Angelolatry
,
Idolatry
and
Daemonolatry
;
for
it
is
manifest
,
if
they
on
malicious
Prayers
of
men
do
any
Malefice
to
any
of
Gods
Creatures
;
they
are
Evil
and
not
Good
Angels
.
(
2.
)
They
ramble
together
a
company
of
Angels
names
,
not
knowing
whether
there
are
any
of
the
Names
or
Offices
they
assign
them
,
or
not
,
or
whether
they
are
Angels
,
or
Daemons
transformed
.
(
3.
)
They
pray
for
the
Curse
of
Gehazi
,
which
was
to
him
and
his
Seed
;
whereas
God
declareth
he
will
not
punish
the
Sins
of
the
Parents
on
the
Children
;
therefore
they
can
pray
for
the
Curse
of
Gehazi
to
none
but
Daemons
.
(
4.
)
All
the
three
Curses
,
both
Jewish
,
Greekish
and
Romish
,
are
Anti-Christian
;
No
such
word
as
Excommunication
in
the
whole
Scripture
.
for
Christ
commands
to
Bless
,
and
not
to
Curse
.
I
suppose
therefore
none
will
dare
to
use
any
of
these
Forms
in
England
;
nor
if
they
are
true
Christians
,
will
they
dare
to
coin
a
Form
of
their
own
Heads
,
there
being
not
so
much
as
the
word
Excommunication
used
in
the
whole
Scripture
,
nor
Pattern
or
Precept
of
a
Form
from
Christ
▪
who
gave
a
Form
of
Prayer
to
forgive
Trespassors
,
but
none
to
Curse
or
Excommunicate
them
.
The
Form
of
Proceeding
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
,
Vniversis
&
singulis
Justic'
Domini
Regis
&
aliis
Christi
fidelibus
quibuscunque
praesentes
literas
visuris
&
audituris
salut'
&
fid'
indubiam
prosecutionis
adhiberi
sicut
ovis
morbida
ab
ovili
penitus
ejiciend'
ne
aliis
infectiva
reddatur
:
sic
Excommunicati
sunt
à
Communibus
actibus
excludend'
ut
ex
hoc
Censura
Ecclesiastica
magis
teneantur
,
&
Excommunicat'
hujusmodi
rubor'
confusi
ad
reconciliac'
gratiam
citius
inclinentur
.
Vniversitat'
igitur
vestrae
notitiae
deducimus
per
praesentes
quod
frat'
I.
Prior
Priorat'
de
L.
nostrae
Dioc'
propter
suas
manifestas
&
multiplicat'
contumac'
rebelliones
&
offensas
non
parend'
certis
monitionibus
licitis
&
canonic'
authoritat'
nostra
ordinaria
sibi
fact'
in
Mens
'
M.
ult.
praeterit'
suit
&
est
majore
Excommunicationis
sententia
eadem
nostra
authoritat'
ordinar'
innodatus
&
pro
sic
Excommunicato
publ'
denunciatus
,
&
eadem
sententia
excommunicatus
per
immodica
tempora
perseveraverit
&
perseverat
animo
pertinaciter
indurato
,
Dat'
sub
sigillo
nostro
,
&c.
But
here
is
nothing
shews
the
Form
of
the
words
of
Excommunication
used
by
the
Arch-Bishop
.
Form
of
words
of
Excommunication
,
1648.
In
the
late
times
of
Usurpation
,
Aug.
Anno
1648.
cap.
118.
The
new
coigned
Form
of
words
of
Excommunication
appears
to
be
this
,
Whereas
thou
N.
hast
been
by
sufficient
proof
convinced
(
here
mention
the
Sin
)
and
after
due
Admonition
and
Prayer
remainest
obstinate
,
without
any
Evidence
or
Sign
of
true
Repentance
;
Therefore
in
the
name
of
the
Lord
Jesus
Christ
,
and
before
this
Congregation
,
I
Pronounce
and
Declare
Thee
N.
Excommunicate
,
and
shut
out
from
the
Communion
of
the
Faithful
.
After
the
Denunciation
of
this
Sentence
,
the
People
are
to
be
warned
,
that
they
hold
him
to
be
cast
out
of
the
Communion
of
the
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
Vse
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
;
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
,
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
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
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
't
is
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
,
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
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
,
't
is
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
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
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
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
.
-
(
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
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
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
,
't
was
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
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
't
is
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
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
't
is
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
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
't
was
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
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
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
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
't
is
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
from
his
Rebellious
obstinacy
,
he
intended
in
due
time
and
place
more
openly
to
proceed
against
him
:
and
the
King
,
before
the
Arch-Bishop
Submitted
,
caused
a
Letter
to
be
sent
to
the
Pope
from
the
Parliament
,
not
to
make
any
more
Collations
of
Benefices
in
England
,
and
prohibited
them
on
pain
of
Death
on
any
that
should
present
or
admit
them
:
which
Resolute
slighting
of
Excommunication
,
both
from
Arch-Bishop
and
Pope
,
though
in
the
very
time
of
War
with
France
,
made
the
Pride
of
the
Arch-Bishop
stoop
,
and
with
much
ado
got
himself
Reconciled
to
the
Kings
favour
;
for
which
the
King
was
bound
to
thank
God
and
not
the
Pope
or
Bishop
,
who
gave
him
that
Victory
and
Success
against
the
French
,
as
neither
Pope
or
Arch-Bishop
dared
to
Excommunicate
him
.
Against
Richard
the
Second
,
one
of
the
Articles
brought
against
him
;
to
have
him
deposed
,
was
,
That
whereas
the
Realm
is
immediately
holden
of
God
,
after
he
had
obtained
divers
Acts
for
his
own
particular
Ends
,
he
obtained
Bulls
&
heavy
Censures
from
Rome
to
observe
and
perform
them
,
contrary
to
the
Honour
and
ancient
Privilege
of
this
Kingdom
;
whereby
appears
,
That
even
in
a
time
of
Popery
the
Assistance
of
the
Pope
and
Bishops
which
were
included
in
it
,
was
so
far
from
being
a
Protection
to
the
King
,
that
it
was
Destructive
to
him
;
much
more
is
the
Assistance
of
Bishops
likely
to
be
Destructive
,
rather
than
a
Safety
in
a
time
of
Protestancy
.
The
Bishop
likewise
Concurr'd
with
the
rest
,
and
accused
him
,
That
he
had
taken
Money
,
Jewels
and
Plate
from
them
at
his
going
into
Ireland
;
Bishops
accuse
R.
2.
for
Trifles
,
to
Depose
him
.
so
far
were
they
from
seeking
to
preserve
the
Kings
Life
with
those
Superfluities
of
theirs
,
where
they
could
keep
them
and
their
Bishopricks
together
,
that
they
shewed
their
Fidelity
to
their
Native
King
,
by
endeavouring
to
destroy
him
.
For
such
Trifles
divers
other
Articles
were
laid
against
him
in
behalf
of
the
Bishops
,
by
whose
doing
only
the
King
was
utterly
undone
.
Truss
.
46.
And
not
one
of
all
the
Bishops
in
England
or
Ireland
spoke
so
much
as
one
word
to
preserve
their
Native
Sovereigns
Life
,
but
only
one
,
namely
,
Thomas
Mercks
Bishop
of
Carlisle
.
Dilemma
of
danger
from
Excommunication
.
As
to
the
Dilemma
a
Prince
falls
under
in
expecting
safety
of
Government
from
the
Power
of
Excommunication
of
Popes
or
Bishops
,
either
the
greater
part
of
his
Subjects
will
be
Religious
,
or
Superstitious
;
if
Religious
,
they
will
so
easily
see
through
the
Superstition
of
Consecration
and
Excommunication
,
as
it
will
rather
Irritate
and
Provoke
them
,
as
it
did
in
the
late
unhappy
Civil
Wars
;
but
if
Superstitious
,
will
the
Pope
or
Bishop
make
Use
of
the
great
Interest
and
Strength
they
gain
thereby
in
the
People
,
to
advance
their
pretended
Spiritual
Sword
above
the
Temporal
,
and
their
own
Supremacy
above
Temporal
Kings
and
Princes
,
which
if
Resisted
by
the
Princes
of
such
Subjects
,
hazards
their
being
Deposed
,
and
losing
Kingdoms
and
Lives
together
,
as
appears
by
the
Examples
before
Recited
.
In
the
same
danger
is
a
Prince
who
Trusts
a
Temporal
Officer
,
whether
Treasurer
or
other
,
with
too
much
Power
of
Money
;
as
Theocritus
,
Anno
518.
caused
Amantius
an
Eunuch
to
give
Justin
,
Amantius
.
the
General
of
the
Army
,
a
great
Sum
of
Money
to
give
the
Soldiers
,
to
choose
Theocritus
Emperour
;
but
Justin
distributed
it
for
himself
,
and
so
obtained
himself
the
Empire
.
The
Western
Emperours
first
raised
the
Popes
to
that
height
,
as
to
Excommunicate
the
Eastern
Emperours
;
the
succeeding
Popes
to
return
their
Advancers
due
thanks
,
Excommunicated
,
after
,
the
Western
Emperour
.
The
French
Kings
assisted
,
and
after
raised
the
Popes
to
such
height
,
that
they
Excommunicated
,
Deposed
and
Poisoned
the
Western
Emperour
;
after
,
by
the
same
Power
the
French
King
gave
them
,
in
thanks
they
Excommunicated
and
Assassinated
the
French
Kings
.
The
Princes
of
Sicily
and
Naples
had
been
mighty
defendors
of
the
Papacy
,
but
when
they
had
made
it
mightier
than
themselves
,
the
Succeeding
Popes
took
from
them
their
Sovereignty
,
to
themselves
.
As
to
the
Impossibility
of
Safety
of
Princes
amongst
Subjects
,
Educated
in
fear
of
Excommunication
.
Subjects
Educated
in
fear
of
Excommunication
,
dangerous
to
Princes
.
It
is
to
be
Noted
as
well
from
the
Testimony
of
approved
Authors
,
as
from
the
Scripture
it self
,
that
amongst
the
Primitive
Christians
,
those
who
are
now
called
Bishops
,
but
in
the
Original
word
signifie
only
Overseers
,
were
Parochial
Bishops
or
Overseers
,
and
not
Provincial
,
and
that
they
were
the
same
with
Presbyters
,
and
differ'd
not
in
Authority
from
them
,
and
that
they
were
chosen
and
called
by
their
several
Congregations
,
or
,
what
is
all
one
,
Cities
or
Parishes
,
and
not
by
the
Emperor
or
Prince
,
till
Constantine
to
corrupt
them
(
under
pretence
of
prevention
of
Schisms
and
Heresies
,
which
he
thereby
encreased
)
took
away
the
free
Election
of
the
People
of
their
Pastors
,
which
they
had
always
before
enjoyed
,
to
make
them
Pensioners
,
and
the
Christians
Mercenaries
,
to
Fight
all
their
Quarrels
Right
or
Wrong
.
That
Presbyters
were
only
Parochial
and
not
Provincial
,
is
not
doubted
;
That
Bishops
were
all
one
with
Presbyters
,
and
therefore
were
Parochial
and
not
Provincial
,
A
Bishop
and
a
Presbyter
all
one
.
is
proved
,
first
,
by
the
Authority
of
Jerome
,
who
saith
,
ad
Tit.
Cap.
1.
That
a
Bishop
and
Presbyter
was
all
one
.
And
that
it
may
not
depend
solely
on
humane
Authority
,
this
is
proved
by
the
words
of
Paul
to
the
Philippians
,
Chap.
1.
1.
Paul
and
Timotheus
the
Servants
of
Jesus
Christ
,
to
all
the
Saints
in
Christ
Jesus
,
which
are
at
Philippi
,
with
the
Bishops
and
Deacons
:
Grace
be
unto
you
,
and
Peace
.
Now
Philippi
is
one
of
the
Cities
of
Macedonia
,
and
in
one
City
there
could
not
be
many
Bishops
,
unless
they
were
Parochial
,
and
not
Diocesan
or
Provincial
,
and
the
same
the
Presbyters
were
,
Acts
20.17
.
It
is
said
,
Paul
from
Miletum
sent
to
Ephesus
,
and
called
the
Elders
of
the
Church
,
and
verse
27.
he
saith
to
them
,
For
I
have
not
shunned
to
declare
unto
you
the
whole
Counsel
of
God
.
Take
heed
therefore
unto
your selves
,
and
to
all
the
Flock
,
over
the
which
the
Holy-Ghost
hath
made
you
Bishops
,
to
feed
the
Church
of
God
,
which
he
hath
purchased
with
his
own
Blood
.
For
I
know
this
,
that
after
my
Departing
shall
grievous
Wolves
enter
in
among
you
,
not
sparing
the
Flock
.
Here
appears
that
the
same
Persons
whom
Paul
first
(
verse
17.
)
calls
,
Elders
,
Presbyters
of
Ephesus
,
he
after
in
the
same
Chapter
(
verse
27.
)
calls
Bishops
or
Overseers
.
And
1
Pet.
5.1
.
The
Elders
which
are
among
you
I
Exhort
,
who
am
also
an
Elder
,
and
a
Witness
of
the
sufferings
of
Christ
,
and
also
a
partaker
of
the
Glory
which
shall
be
revealed
.
Feed
the
Flock
of
God
,
taking
the
oversight
thereof
,
not
by
constraint
,
but
willingly
:
not
for
filthy
Lucre
,
but
of
a
ready
mind
:
Neither
as
being
Lords
over
God's
Heritage
,
but
being
Examples
to
the
Flock
From
which
Scripture
appears
,
(
1.
)
That
the
great
Apostle
Peter
himself
,
from
whom
the
Bishop
of
Rome
pretends
his
Succession
to
Imperial
Supremacy
,
Bishops
ought
not
to
be
Lords
.
calls
himself
no
more
than
an
Elder
or
Presbyter
,
and
that
he
had
other
Co-presbyters
with
him
.
(
2.
)
That
these
Presbyters
who
are
now
call'd
Bishops
,
ought
not
to
be
Lord
Bishops
;
for
the
words
are
,
they
are
not
to
be
Lords
of
Gods
Heritage
.
In
one
Chapter
of
Mahomets
,
it
is
forbidden
to
all
Persons
of
what
Quality
soever
,
to
call
themselves
in
any
sort
Lords
,
except
the
great
Caliph
or
great
Bishop
the
Successor
of
Mahomet
,
who
at
the
first
was
the
only
Lordly
Monarch
,
and
Lord
of
all
,
giving
unto
Kings
and
Princes
their
Principalities
and
Kingdoms
,
during
pleasure
,
untill
that
the
Ottoman
Princes
,
the
Cundes
,
and
the
Kings
of
the
higher
part
of
Asia
and
Africk
,
by
little
and
little
Exempted
themselves
out
of
their
Power
,
by
Reason
of
the
Division
between
them
and
the
Anti-Caliphs
.
Bod.
203.
(
3.
)
That
they
ought
not
to
have
Temporal
Baronies
;
for
they
are
not
to
take
charge
of
Souls
for
filthy
Lucre
,
but
of
ready
mind
.
(
4.
)
That
they
ought
neither
to
Counterfeit
a
Nolo
Episcopare
when
they
take
Baronies
,
nor
to
Refuse
the
Charge
of
Souls
when
they
have
none
,
for
the
words
are
,
not
by
constraint
,
but
willingly
.
Cranmer
,
That
Bishops
were
Presbyters
,
and
chosen
by
the
Parish
.
And
it
is
likewise
acknowledged
by
that
Pious
Protestant
Martyr
,
Arch-Bishop
Cranmer
,
though
he
were
a
Provincial
,
and
chosen
by
the
King
himself
,
yet
,
That
amongst
the
Primitive
Christians
,
the
Bishops
were
chosen
by
the
Congregations
,
and
were
all
one
with
Presbyters
.
From
all
which
Premises
these
Sequels
follow
:
(
1.
)
That
if
a
Bishop
were
chosen
by
his
City
or
Parish
,
he
came
not
in
Jure
Divino
,
but
by
human
Election
,
and
was
only
a
Servant
,
and
not
a
Lord
,
of
the
City
or
Parish
.
(
2.
)
That
he
had
no
Sign
of
Mission
from
God
,
unless
he
had
a
Gift
of
Miracles
.
(
3.
)
That
he
could
not
Excommunicate
any
of
his
own
Parish
,
for
the
Inferior
cannot
Excommunicate
the
Superior
,
and
Electors
are
Superiors
to
Persons
Elected
,
and
the
Host
is
Superior
in
his
own
House
to
the
Guest
,
and
he
who
gives
the
Pension
,
to
the
Pensioner
.
Bishops
cannot
Excommunicate
.
(
4.
)
That
a
Bishop
Elected
by
the
People
,
cannot
on
Excommunication
deliver
any
Person
to
Satan
,
without
the
Gift
of
Miracles
as
a
Sign
of
Mission
,
for
Nemo
potest
plus
Juris
ad
alium
Transferre
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
't
is
a
great
Safety
to
Princes
to
have
their
Subjects
well
Educated
and
Instructed
against
the
Superstition
and
Popery
of
Consecration
,
Ordination
and
Excommunication
of
Bishops
and
Priests
,
for
by
this
only
means
we
see
the
Grand
Seignior
,
though
he
Tolerates
a
multitude
of
Sects
and
Religions
in
his
Empire
,
yet
he
is
endanger'd
by
none
,
because
all
Mahumetan
Priests
are
chosen
by
the
Parish
,
and
though
they
are
in
great
Reverence
of
the
People
,
yet
they
have
neither
Consecration
nor
Ordination
,
but
continue
as
perfect
Lay-men
as
our
Ordinary
Clerks
of
our
Parishes
;
and
much
less
have
they
Power
of
Excommunication
or
Absolution
,
but
Preach
,
That
those
that
Fight
Valiantly
and
Die
in
the
Field
for
their
Prince
and
Prophet
,
go
to
Paradise
;
and
who
slie
Cowardly
,
go
to
Hell
;
whereby
none
of
his
People
are
Educated
in
the
Superstition
of
Pontifical
Excommunication
,
and
therefore
fear
it
not
,
but
deride
it
.
And
for
the
Greck
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
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
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
,
with
all
advantages
to
themselves
,
whereby
they
Deprived
his
Mother
Maud
the
Empress
,
and
him
who
was
her
issue
and
the
right
Lineal
Heir
,
of
the
Succession
to
the
Crown
.
And
how
they
dealt
with
the
People
,
as
well
as
with
the
King
,
appears
by
the
Complaint
of
the
Lay-Nobility
to
the
King
at
the
same
time
,
That
the
Privileges
of
the
Clergy
hindred
all
Execution
of
Justice
,
that
the
same
could
have
no
Passage
through
the
Kingdom
;
and
having
Exempted
themselves
from
the
Jurisdiction
of
the
Magistrate
,
there
had
been
since
the
beginning
of
his
Reign
,
above
an
Hundred
Man-slaughters
Committed
within
the
Realm
of
England
by
Priests
,
and
men
within
Holy
Orders
,
Dan.
Hist
.
83.
Such
were
the
Fruits
of
Bishops
and
persons
within
Holy
Orders
,
and
the
three
fine
Knacks
of
Consecration
,
Ordination
and
Excommunication
,
wherewith
they
both
Allured
and
Terrified
the
Superstitious
People
.
And
such
were
the
fruits
of
their
pretended
Divine
Mission
with
the
Olive
Branch
of
Peace
,
for
tho
Unction
and
Crowning
of
Kings
;
who
confected
their
Oyntment
of
the
Ingredients
mention'd
in
Psal.
55.21
.
The
words
of
his
mouth
were
smoother
than
butter
,
but
War
was
in
his
heart
;
his
words
were
softer
than
oyle
,
yet
were
they
drawn
swords
.
-
(
1.
)
Of
Gods
Preservation
of
John
Keysar
,
notwithstanding
his
.
Excommunication
,
and
Delivery
to
Satan
by
an
Arch-Bishop
of
Canterbury
.
-
(
2.
)
Of
Delivery
to
Satan
by
Bishops
,
and
their
Prohibition
to
cast
him
out
again
by
Fasting
and
Prayer
,
without
the
Bishops
Licence
.
-
(
3.
)
All
Excommunication
and
delivery
to
Satan
by
Bishops
,
without
a
Sign
of
Mission
from
God
,
if
Malefice
follow
,
ought
to
be
Punished
as
Witchcraft
,
if
not
as
a
Cheat.
-
(
4.
)
To
grant
a
Bishop
Power
of
Excommunication
,
is
to
grant
him
Power
to
set
up
Idolatry
;
to
make
all
Sins
equal
,
to
Pardon
all
Sins
for
Money
.
Coke
part
3.42
.
Ex
Mich.
5.
E.
4.
Rot.
143.
Coram
Rege
.
Keysar
deliver'd
to
Satan
,
protected
by
God
.
John
Keysar
was
Excommunicated
by
the
greater
Excommunication
,
before
Thomas
Arch-Bishop
of
Canterbury
,
and
Legate
of
the
Aposto
lick
See
,
at
the
Suit
of
another
,
for
a
reasonable
part
of
Goods
,
and
so
Remained
Eight
Months
;
and
the
said
Keysar
openly
affirmed
,
That
the
said
Sentence
was
not
to
be
feared
,
neither
did
he
fear
it
;
and
albeit
the
Arch-Bishop
or
his
Commissary
hath
Excommunicated
me
,
yet
,
before
God
I
am
not
Excommunicated
;
And
he
said
he
spoke
nothing
but
the
Truth
.
And
so
it
appeared
,
for
that
the
last
Harvest
standing
so
Excommunicate
,
he
had
as
great
plenty
of
Wheat
and
other
Grain
as
any
of
his
Neighbours
,
saying
to
them
in
scorn
,
That
a
man
Excommunicate
should
not
have
such
Plenty
of
Wheat
;
the
Arch
Bishop
(
denying
these
words
to
be
within
the
Statute
of
H.
4.
concerning
Lollards
,
who
were
the
Primitive
Protestants
and
Protomartyrs
of
England
)
did
by
his
Warrant
in
writing
,
comprehending
the
said
Cause
by
Pretext
of
the
said
Statute
,
Commit
the
Body
of
the
said
Keysar
to
the
Gaol
at
Maidstone
,
for
that
,
saith
he
,
in
respect
of
publishing
the
said
words
,
Dictum
Johannem
non
immerito
habemus
de
Haeresi
suspectum
;
by
reason
whereof
,
the
said
John
Keysar
was
Imprison'd
in
Maidstone
Gaol
,
and
in
Prison
detained
under
Custody
of
the
Keeper
there
,
untill
by
his
Councel
he
moved
Sir
John
Markham
,
then
Chief-Justice
Justice
of
England
,
and
other
the
Judges
of
the
Kings-Bench
,
to
have
an
Habeas
Corpus
,
and
thereupon
(
as
it
ought
)
a
Habeas
Corpus
was
granted
,
upon
which
Writ
the
Gaoler
Returned
the
Cause
and
Special
Matter
,
and
withal
,
according
to
the
Writ
,
had
his
Body
there
.
The
Court
upon
mature
Consideration
(
and
on
Conference
with
Divines
)
Resolved
,
That
upon
the
said
words
Keysar
was
not
to
be
Suspect
of
Heresie
within
the
said
Statute
,
as
the
Arch-Bishop
took
it
;
and
therefore
the
Court
first
Bailed
him
,
and
after
,
he
was
deliver'd
,
for
that
the
said
Arch-Bishop
had
no
Power
,
by
virtue
of
the
said
Act
,
to
Commit
to
Prison
.
John
Keysar
hereby
proved
the
Arch-Bishop
to
be
no
Incantor
Messium
,
but
he
thereby
proved
,
though
he
was
no
Witch
,
yet
he
was
a
Cheat.
Prohibition
to
cast
out
the
Devil
by
Fasting
and
Prayer
.
In
the
Book
of
Canons
newly
Printed
,
1673.
the
Canon
72.
contains
these
words
:
No
Minister
or
Ministers
shall
,
without
the
Licence
and
Direction
of
the
Bishop
of
the
Diocess
first
had
and
obtained
under
his
Hand
and
Seal
,
attempt
upon
any
pretence
whatsoever
,
either
of
Possession
or
Obsession
by
Fasting
and
Prayer
,
to
cast
out
any
Devil
or
Devils
,
under
pain
of
Imputation
of
Imposture
or
Cozenage
,
and
Deposition
from
the
Ministery
.
The
Bishops
in
prohibiting
to
cast
out
the
Devil
without
their
Licence
,
imitate
something
the
Popish
Exorcists
,
part
of
whose
Exorcism
,
is
,
according
to
Mengus
Flagell
.
Daemon
.
p.
36.
The
Exorcist
ties
a
Stole
about
the
Neck
of
the
Party
with
three
knots
,
saying
,
Oh
ye
Abominable
and
Rebellious
Spirits
,
I
Adjure
,
Conjure
and
Compell
you
,
wheresoever
you
have
your
Residence
in
this
man
,
by
the
Father
,
and
the
Son
,
and
the
Holy
Ghost
,
that
ye
immediately
understand
the
words
of
my
Conjuration
,
and
the
virtue
of
it
,
and
that
ye
dare
not
depart
from
the
Creature
of
God
,
and
Image
of
Christ
,
without
my
Licence
.
This
is
not
only
Anti-Protestant
,
and
the
way
to
bring
in
all
the
Popish
Magick
and
Exorcisms
into
the
Church
;
but
is
Anti-Christian
,
for
Christ
himself
affirms
,
There
is
no
holier
or
higher
way
of
casting
out
the
Devil
than
by
Fasting
and
Prayer
,
as
appears
,
Matth.
17.14
.
And
when
they
were
come
to
the
multitude
,
there
came
to
him
a
certain
man
kneeling
down
to
him
,
and
saying
,
Lord
have
mercy
on
my
Son
,
for
he
is
Lunatick
,
and
sore
vexed
,
for
oft-times
he
falleth
into
the
fire
,
and
oft
into
the
water
.
And
I
brought
him
to
thy
Disciples
,
and
they
could
not
cure
him
.
And
verse
18.
And
Jesus
rebuked
the
Devil
,
and
he
departed
out
of
him
:
and
the
Child
was
cured
from
that
very
hour
.
Then
came
the
Disciples
to
Jesus
apart
,
and
said
,
Why
could
not
we
cast
him
out
?
And
Jesus
said
unto
them
,
Because
of
your
Vnbelief
:
for
verily
I
say
unto
you
,
if
ye
have
Faith
,
as
a
grain
of
Mustard-seed
,
ye
shall
say
unto
this
Mountain
,
Remove
hence
u●to
yonder
place
,
and
it
shall
remove
:
and
nothing
shall
be
impossible
unto
you
.
Howbeit
this
kind
goeth
not
out
but
by
Prayer
and
Fasting
.
Christ
agian
will
not
suffer
the
Disciples
to
prohibit
any
to
cast
out
the
Devil
,
as
Mark
9.38
.
And
John
answered
him
,
saying
,
Master
,
we
saw
one
casting
out
Devils
in
thy
Name
,
and
we
forbad
him
,
because
he
followed
not
us
.
But
Jesus
said
,
Forbid
him
not
for
there
is
no
man
that
shall
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
't
is
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
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
atque
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
,
Magnoque
ii
apud
eos
sunt
in
honore
,
nam
fere
de
omnibus
controversiis
publicis
privatisque
constituunt
,
&
si
quod
est
admissum
,
si
caedes
facta
,
si
de
haereditate
,
si
de
finibus
controversia
est
,
iidem
discernunt
praemia
poenaesque
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
sermonemque
defugiunt
ne
quid
ex
contagione
incommodi
accipiant
,
neque
iis
petentibus
jus
redditur
,
neque
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
,
neque
tributa
unà
cum
reliquis
pendunt
,
militiae
vacationem
,
omniumque
rerum
habent
communitatem
.
Here
is
the
perfect
Platform
of
the
modern
Excommunication
,
and
the
Privileges
claimed
by
Bishops
,
and
that
impious
Punishment
,
Neque
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
?
'T
is
shewn
before
,
That
no
true
Test
ought
to
endanger
the
Conscience
of
any
Protestant
;
but
't
is
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.
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
Vnited
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
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
,
't
is
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
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
't
is
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
utrumque
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
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
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
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
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
,
Fraenaque
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
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
,
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
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
,
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
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
of
the
Church
;
for
unless
there
were
an
Interval
for
the
Bell
to
Toll
a
space
after
the
end
of
the
Prayer
,
before
the
beginning
of
the
Sermon
,
the
Parish
who
love
not
long
Prayer
will
not
be
able
to
know
when
the
Sermon
begins
,
and
very
many
of
them
,
though
they
would
be
all
glad
to
join
with
the
Chaplain
in
his
Prayer
for
the
King
,
yet
will
they
many
of
them
perhaps
have
Scruples
in
Conscience
to
join
with
him
in
Prayer
for
his
Patron
.
Patron
if
to
be
Prayed
for
in
Publick
.
(
1.
)
Because
he
may
sometimes
happen
to
be
a
Papist
,
and
one
that
seeks
the
Destruction
of
the
Protestant
Religion
and
all
Protestants
,
and
many
may
grow
doubtful
to
Pray
for
the
Prosperity
of
such
a
one
,
the
same
seeming
to
be
Prohibited
,
2
John
10
,
11.
Where
it
is
said
,
If
there
come
any
unto
you
,
and
bring
not
this
Doctrine
,
receive
him
not
into
your
House
,
neither
bid
him
God
speed
.
For
he
that
biddeth
him
God
speed
,
is
partaker
of
all
his
Evil
Deeds
.
Patron
a
Papist
.
(2)
As
to
Publick
Persons
,
we
are
directed
by
the
Scripture
to
Pray
in
Publick
for
none
but
Persons
in
publick
Authority
;
but
a
Papist
is
by
Acts
of
Parliament
Excluded
from
all
publick
Authority
and
Office
,
therefore
no
publick
Person
.
(
3.
)
As
to
private
Persons
,
the
Scripture
and
practice
of
the
Primitive
Christians
direct
to
Pray
for
no
private
Persons
particularly
,
and
by
name
,
but
such
as
are
sick
or
possess'd
by
the
Devil
;
for
in
such
Case
,
the
direction
of
Christ
,
and
practice
of
the
Primitive
Church
,
was
,
to
cast
him
out
by
Fasting
and
Prayer
;
but
many
Patrons
are
neither
sick
nor
possess'd
,
therefore
there
is
no
direction
in
Scripture
for
them
to
be
Prayed
for
by
name
in
publick
.
(
4.
)
The
Chaplain
useth
to
Pray
for
Bishops
,
especially
if
Patrons
,
wherein
many
Protestants
may
not
be
free
to
join
,
in
regard
they
many
of
them
assume
to
themselves
to
be
Judges
of
Heresie
,
and
the
Rule
of
Heresie
they
make
,
is
the
Four
first
General
Councils
,
and
the
Papal
Canons
for
Ceremonies
,
and
against
Lollaries
;
the
Parliament
deceived
by
the
Bishops
to
leave
the
Four
first
Councils
,
the
Rule
of
Heresie
was
,
1.
Eliz.
1.
In
which
Act
to
Prohibited
Commissioners
appointed
by
the
Queen
by
virtue
of
that
Act
,
If
Bishops
are
Papists
,
or
to
be
Prayed
for
who
Judge
Heresy
by
the
four
first
Councils
.
to
proceed
in
Judgment
of
Heresie
beyond
the
words
prescribed
them
,
the
words-Prohibited
in
a
Proviso
are
these
,
viz.
Shall
not
in
any
wise
have
Authority
or
Power
to
Order
,
Determine
or
Adjudg
,
any
Matter
or
Cause
to
be
Heresie
,
but
only
such
as
heretofore
have
been
Determined
,
Order'd
or
Adjudged
to
be
Heresie
by
Authority
of
the
Canonical
Scriptures
,
or
by
the
first
Four
General
Councils
,
or
any
of
them
,
or
by
any
other
General
Council
,
wherein
the
same
was
declared
Heresie
by
express
and
plain
words
of
the
said
Canonical
Scriptures
,
or
such
as
shall
hereafter
be
Order'd
,
Judged
or
Determined
to
be
Heresie
by
the
High
Court
of
Parliament
of
this
Realm
,
with
the
Assent
of
the
Clergy
in
their
Convocation
.
Of
the
Four
first
General
Councils
,
by
which
Bishops
would
Judg
Heresie
,
and
of
the
Suspition
lies
on
such
Judges
to
be
Papists
,
and
not
to
be
Prayed
for
in
Publick
.
The
Four
first
General
Councils
which
I
suppose
they
mean
,
were
the
Council
of
Nice
in
Bithynia
;
the
Council
of
Constantinople
,
where
the
Great
Turk
Lives
;
the
Council
of
Ephesus
,
where
the
Great
Diana
of
the
Ephesians
,
and
the
Image
which
fell
from
Jupiter
were
Worshipt
;
and
the
Council
of
Chalcedon
in
Bithynia
.
Council
of
Nice
.
As
to
the
Council
of
Nice
,
there
were
two
,
one
about
Anno
Dom.
330.
the
other
about
Anno
Dom.
381.
In
the
First
,
called
by
Constantine
the
Great
,
there
were
318
Bishops
;
in
another
call'd
by
another
Constantine
,
there
were
350
Bishops
,
which
of
these
our
Bishops
would
have
I
cannot
tell
,
but
they
may
wink
and
choose
,
and
though
each
was
Nice
,
yet
neither
of
them
was
more
Nice
than
Wise
for
the
Profit
of
the
Bishops
;
and
the
Bishops
1.
Eliz.
were
as
wise
as
they
,
to
join
the
Canonical
Scriptures
and
the
Council
of
Nice
,
that
nothing
should
be
Judged
Heresie
without
their
Joint
Consent
;
for
the
Canonical
Scripture
hath
not
so
much
as
one
Bishop
,
they
having
falsely
translated
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
a
Bishop
,
which
ought
to
have
been
an
Overseer
of
the
Poor
;
so
as
there
is
not
one
Bishop
to
be
found
in
Scripture
to
be
a
Judg
of
Heresie
,
any
more
than
of
Marriage
,
whereas
at
one
of
the
Nices
there
were
350.
And
in
the
Scripture
is
not
one
Image
found
lawful
to
be
Worshipped
,
whereas
at
both
the
Nices
there
were
a
multitude
;
Set
up
Images
.
and
at
the
last
Nice
all
the
Holy
Images
of
Irene
,
the
Empress
,
which
the
Emperor
Leo
Isaurus
had
knockt
to
pieces
,
were
Restored
,
and
Two
and
Twenty
Canons
thereupon
made
,
That
all
Image-breakers
should
be
adjudged
Hereticks
,
to
the
great
profit
(
no
doubt
)
of
the
Holy
Bishops
,
who
knew
as
well
as
the
Silver-Smiths
of
Diana
,
wherein
their
Gain
lay
.
Council
of
Constantinople
.
The
Council
of
Constantinople
was
a
General
Council
,
call'd
about
the
Year
of
our
Lord
383
by
Theodosius
the
Emperor
,
where
were
150
Bishops
of
several
Sects
,
36
of
them
were
Macedonians
,
who
held
the
Holy-Ghost
to
be
an
Angel
,
because
Christ
is
said
to
send
him
;
and
Macedonius
their
Teacher
was
then
Bishop
of
Constantinople
,
the
place
where
this
Council
Sate
;
Him
this
Council
Deposed
,
and
his
Party
became
thereon
Excluded
Members
,
whereby
all
Votes
passed
for
the
Bishop
of
Romes
Doctrine
,
with
whom
the
Bishop
of
Constantinople
was
always
a
dangerous
Corrival
for
Supremacy
;
there
were
joined
in
this
Council
Theodosius
,
Gratian
,
Confirmed
Images
.
and
Damasus
the
Pope
;
this
Council
confirmed
the
Nicene
Faith
,
and
their
Worshipping
of
Images
,
for
a
Pope
could
not
live
without
them
.
Council
of
Ephisus
.
Another
General
Council
was
called
at
Ephesus
,
about
the
Year
834
by
the
Emperor
Theodosius
the
Second
;
and
by
the
Instigation
of
Pope
Celestine
the
First
,
against
Nestorius
then
Bishop
of
Constantinople
,
who
according
to
Evagrius
,
l.
1.
c.
7.
held
,
That
the
Blessed
Virgin
Mary
ought
to
be
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
not
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
Mother
of
Christ
,
Continued
Images
.
and
not
the
Mother
of
God
,
which
Doctrine
being
dangerous
to
the
Worshipping
of
Images
,
and
the
drawing
of
the
Supremacy
from
Rome
to
Constantinople
,
the
Pope
got
the
Council
called
,
and
not
to
sit
as
formerly
at
Constantinople
,
but
at
Ephesus
,
where
Nestorius
had
not
so
much
Power
,
and
there
being
not
able
to
bring
him
to
Submit
to
the
See
of
Rome
,
they
Deposed
him
,
and
Banished
him
to
Oasis
.
This
Council
of
Ephesus
is
said
to
have
left
Two
Copies
of
its
Canons
in
certain
and
variant
one
from
another
,
and
some
of
them
are
Condemn'd
by
the
Council
of
Chalcedon
as
Suppositious
,
which
besides
the
Worshipping
of
Images
,
continued
by
this
Council
,
makes
it
a
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.
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
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
,
't
is
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
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
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
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
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
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
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
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
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
.