|Author:||Lawrence, William, 1613 or 14-1681 or 2.|
|Title:||Marriage by the morall law of God vindicated against all ceremonial laws of popes and bishops destructive to filiation aliment and succession and the government of familyes and kingdoms|
|Publication Info:||Ann Arbor, Michigan: University of Michigan, Digital Library Production Service
2011 April (TCP phase 2)
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Marriage by the morall law of God vindicated against all ceremonial laws of popes and bishops destructive to filiation aliment and succession and the government of familyes and kingdoms
Lawrence, William, 1613 or 14-1681 or 2.
[London?: s.n.], 1680.
To the reader signed: Will Lawrence.
Reproduction of original in Cambridge University Library.
Marriage -- Early works to 1800.
TO THE READER.
THE CONTENTS Of the First Book.
Errata's in Verse.
Errata's in Prose.
OF The Laws of Marriage, Filiation, Aliment, and Succession.
Lib. I. Of the Two Grand Questions concerning Marriage, Filia∣tion, Aliment, and Succession.
CHAP. I. Marriage, Filiation, Aliment, and Succession not to be judg∣ed by the Law of Moses, or Customs of the Jews.
The ways of Marriage of the Jews.
CHAP. II. Marriage, Matrimony, Legitimation, or Succession not to be judged by the Laws and Customs of Heathen Nations.
CHAP. III. Marriage, Filiation, and Succession, not to be judged by the Law-Civil, Canon, or Feudall.
CHAP. IV. Marriage, Matrimony, Legitimtaion, or Succession, not to be judged by the Law of Mahomet.
Of Persons with whom Marriage is forbidden.
Of the Time of approaching Wives.
Of forbearing to touch Wives.
Of the propriety of the Wife in her Goods, distinct from the Hus∣band.
Of giving Suck by the Mother, and Aliment to her, and her Child, and Aliment by the Heir to his Parents.
Of Legitimation and Succession of Children.
Of Succession of Children to the Goods of Parents, and of Pa∣rents to theirs, and of Collateral Heirs.
Of Succession of Brothers and Sisters.
Of Desertion by Wives of their Husbands.
Of Adultery by Wives.
Of the time Women are to tarry before a second Marriage.
CHAP. V. Marriage, Filiation, Aliment and Succession, not to be judged by Ecclesiastical Laws.
Reasons against Ecclesiastical Laws concerning Marriage.
The History of the Devil appearing in shape of Christ to Doctor Dee, and tempting him, and his Seer Kelly, to a Covenant of Community of Wives.
The Final causes of the Ecclesiastical Laws concerning Mar∣riage invented by Daemons, and the Priests of Priapus and Venus, were Lust, Covetousness and Ambition of the Priests.
The third Reason against Ecclesiastical Laws, is, They pester the Three Kingdoms with an unnecessary and excessive multitude of Laws.
CHAP. VI. Marriage, Filiation, Aliment, and Succession, not to be judged by such Laws of England, Scotland, or Ireland, as are Re∣liques of Popery, and contrary to the Law of God.
Of the profound Popery of the Common Lawyers, in Transub∣stantiation of two persons into one person, and the mischeifs thereof.
A Note taken at the King's-Bench, of the miraculous Transub∣stantiation of a Shoulder of Mutton; between a Man and his Wife.
Of the Law of Transubstantiation of the Children of the Wife into the Children of the Husband, if he is within the four Seas at the time of their begetting, and no probation admitted to the contrary. And of Intails on Marriages.
A further descant on the words of Littleton and Coke, con∣cerning the transubstantiation of Children of Parents with∣in the four Seas. And of the Law of Intails.
Of the Law of Intails on Marriage, and the mischiefs insuing by them.
Of the Barbarous Law of Illegitimation, or making Children in∣capable of Succession to the Goods of their own Parents: And of the most excellent Law of the Emperour Anastasius, decree∣ing all natural Children to be Legitimate, and the repeal of the same, caused by the Strumpet Theodora, and the succeeding Popes and Bishops.
That unlawful Marriages of Parents ought not to illegitimate the Children.
Of the Law of Consensus non Concubitus facit Matrimo∣nium.
Of the Pagan Goddess Juno, and the Popish Mother of Saint Kentigern, both got with Child without a Man.
Of the Lady Ann of Britain, married to the bare leg of the Em∣bassadour of the Emperour Maximilian.
Of Pulcheria Sister to Theodosius the Emperour, married to Martianus. Of the Lady Etheldred married to two Hus∣bands. The Lady Amigunda married to the Empe∣rour Henry the Second. The Lady Editha to Edward the Confessor. The Lady Ann of Cleve to Henry the Eighth, all married by the Priest, but not by their Husbands.
Of the Custom of desertion of Virgins after deflouring.
Of the Law giving liberty of Temptation to a Minor married to an Husband, after carnal knowledg to desert her Husband, and take a richer.
Of the Law tempting Women to desert their Husbands, by giving more Alimony then the Interest of the Portion.
Of the Law making private Marriage or carnal knowledge be∣tween persons not prohibited by the Law of God to marry, Fornication.
Of the Law requiring Witnesses of Marriage and Filiation, where both are acknowledged by the Parents, and no third party claims the Father, Mother or Child.
Of the Law when claim is made by Corrivals of one Woman, of Sequestration of her pendente placito, and Sentencing either Man or Woman to be restored in Specie, and not in Value.
Of the Law making all prohibited Marriages Null.
Of the Custom of Super-alimentary gifts in consideration of car∣nal knowledge, between a Man and Woman, both before and after Marriage.
Of the Law giving Jurisdiction of the secret Causes of Divorce between Pa∣rents, and secret Ʋncleanness of Children in their Parents Houses to pub∣lick Tribunals, contrary to the Law of God.
Of the Law compelling Persons Married though mortal Ene∣mies, to Cohabitation.
Of the Law of Divorce à Mensa & Thoro.
Of the Custom of Protestants marrying with Papists.
CHAP. VII. Marriage, Filiation, Aliment, and Succession ought not to be judged by Ceremonial Laws.
Of the absurd and ridiculous Ceremonies, on which Priests would have Marriage, Filiation, Aliment, and Succession to depend.
CHAP. VIII. Marriage, Filiation, Aliment, and Succession, ought only to be judged by the Moral Law of God.
Of the Final Causes of Marriage by the Law of God and Nature.
THE CONTENTS Of the Second Book.
Lib. II. Of the Judg of Marriage, Filiation, Aliment, and Succession.
CHAP. I. Of the Five Competitors to be Judges of Marriage, Fi∣liation, Aliment, and Succession. (1.) The Bishop. (2.) The Magistrate. (3.) The Soldiers. (4.) The Parents. (5.) The King and Parliament.
Exceptions against Bishops being Judges, in reference to the Legislative.
Of the Sign of Mission required by the Grand Seignior of Sa∣batai Sevi a counterfeit Jewish Messiah.
They have falsely Translated and Expounded the Scriptures in all words relating to Marriage.
They have falsely translated the Seventh Commandment Lo Ti∣naph to be Adultery.
They have falsely translated to be Fornication.
They have falsely translated in the Tenth Commandment, to be the Man Servant, and Maid-Servant.
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 Po∣pish Writers.
The Question is, Whether Mamzer in the Old Testament, and in the New, are falsely translatèd Bastard?
Reasons shewing further, that Mamzer in the Old Testament, and Nothus in the New, are falsly translated Bastard.
They corrupt the Press, both as to Scripture and Law, and inter∣dict Protestants to write against Papists, or answer them.
By pretence of giving the King the name of Supremacy, they have taken the Thing to themselves.
By pretence of giving the King Supremacy by the Ceremonies of Coronation and Unction, they take it from him to them∣selves.
They assume in the Judgment of all matters concerning Marri∣riage, Filiation, Aliment, and Succession, to be above Ap∣peal to the Kings Courts.
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.
Exceptions against Bishops being Judges, in reference to the Ju∣dicial Power.
Ceremonies and Circumstances in this agree.
Ceremonies and Circumstances in this differ.
Of the manifold Mischiefs which insue by Compulsion to Marry by the particular Ceremonies of a Priest or a Temple.
(1.) It compels to enter into an indissoluble Obligation, before, the Parties can know each other, whether they are fit for Marriage or no.
(2.) It gives the Bishop the Monopoly of all Women, and their Goods.
(3.) It gives him the Monopoly of Successions both in Private Families and Kingdoms.
(4.) It gives him Power to Judg of Marriage, Filiation, and Succes∣sions, by Fictions.
(5.) It causeth in the Rich Excess, and Vanity of Apparel, Tilting, Turne∣aments, Masking, Gluttony, Ryot, and Drunkenness.
(6.) It undoeth the Poor in their Marriages.
(7.) It causeth immadesty in Brides, wanton Songs and Ceremonies, pre∣miscuary Dancing, and corruption of Youth.
(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.
(9.) It causeth Community of Women, Community of Children, Forni∣cation, Adultery, Stews, Brothels, and the dissemination of most contagious and deadly Diseases amongst the People.
(10.) It causeth Prostitutions of Brides to Priests, Lords, Guests, and others.
(11.) It caused the Consecration of Incest, Whores and Sodomites, to at∣tend the Service of the Priests and Temples.
(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.
(13.) It first destroyed in the World the Omnipresential Worship of God.
Prayer in Temples and Synagogues forbid by Christ, and a di∣stinction of the Place of Prayer and Preaching Commanded.
(15.) It caused the bloody Sacrifices of Virgins, Children, and Indian Wives.
(16.) It layes Punishment on Lawful Childbirths, and destroys Milli∣ons of Infants.
(17.) It caused the Parisian Massacre of an Hundred Thousand Prote∣stants.
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.
(12.) They proceed to Judgment in the unknown language of Law-Latine.
They Judg for Fees, and not for Salary.
The Inconveniences which ensue Judges and Ministers taking Fees, are
Exceptions against Bishops being Judges, in reference to the Executive Power.
They Pledg before Summons, Summon before Copy, Copy be∣fore Oath, Punish before Contumacy, Judg before Hearing or Probation, and Arrest before Judgment.
(2.) That no man ought to be Summon'd before a Judg, until a Pro∣ductio Testium first made to him.
(3.) That a Defendant can be guilty of no Contumacy till an Oblatio Li∣belli, and a Productio Testium first made to him.
(4.) That no Pledges or Distress ought to be taken till Judgment.
(5.) That no Bail ought to be Exacted before Contumacy or Judgment.
(6.) That no Arrest ought to be made before a Judgment, though there is Contumacy.
(7.) That though there is a Judgment, yet Christ allows no Imprison∣ment of a Debtor not able to pay; for Disability is no Contumacy; and Poverty may more often fall on the Righteous than the Wicked.
(10.) That he allows on lawful Probation and Judgment, Imprison∣ment to be by one single Judg.
Of Summons to answer before a Copy given of what is required to be answer'd.
Of giving a Copy before an Oath of Calumny, That he who gives it, believes the same true and just.
A Note of the Fictions of the Episcopal Form of the Letter in Chan∣cery, usually sent to a Noble-man, instead of a Subpoena, to Answer.
An Enumeration of divers Forms of Judicial Proceeding, whereby the People are Condemn'd, and Judgment pass'd against them before Hearing.
A Dispute between two Judges, concerning Formality and Truth in Judicial Proceeding.
(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.
De Formulis & impetrationibus Actionum Sublatis.
Of the Fatal Danger threatning all Protestants, by the Di∣vision of the Three Parliaments of England, Scotland, and Ireland, and the inestimable Benefits ensue the Union of the same in one House.
(1.) Whether an Union of Crowns be necessary to perfect an Union of Parliaments and Kingdoms?
(2.) Whether an Unity of Protestant Churches is necessary, to an Union of Protestant-Kingdoms?
(3.)Whether permission of Protestants to Excommunicate Protestants, is consistent with the Unity of Protestant-Churches?
The Form of the Jewish Excommunication.
The Form of the Greek Excommunication against Thieves.
The Form of the Popes Excommunication against Queen Elizabeth.
All the said Forms of Excommunications Wicked and Anti-Christian.
Excommunication of the Devil.
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.
As to the Impossibility of Safety of Princes amongst Subjects, Educated in fear of Excommunication.
As to the Impossibility of obliging Bishops by Oath.
Excommunication makes all Sins equal.
Excommunication Pardons all Sin for Money.
Excommunication sets up Idolatry.
Excommunication and Power to Judg of Heresie, returns all to Popery and Priest-riding.
Excommunication without a Sign of Mission, not Instituted by Christ, but invented by Pagan Priests and Daemons.
Whether an Union can be of Protestant-Parliaments and Churches, without a true Test between Papist and Prote∣stant?
Whether Recusancy to pray in a Temple, or in the Form of Common-Prayer, is a true Test between Papist and Prote∣stant?
Whether Recusancy to receive the Sacrament in a Temple, or in the Common-Form, is a true Test?
Whether Subscription to the 39. Articles is a true Test?
Whether the Positive part of the Oath of Supremacy is a true Test?
Of the Mischiefs which ensue a false Test between Protestant and Papist.
An Essay of the Form of a Test, whereat it seems no Prote∣stant can scruple.
Whether any Test of the Conscience ought to be Penal, either to Protestant or Papist.
Whether Papists or Protestants ought to be Compell'd to Con∣fession of Faith, or any External Form, or Ceremonies of Worship, against their Conscience, by Penalties?
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.
Considerations on the Judgment of Heresie when assumed by Bi∣shops, according to the Four first General Councils, if it make them suspect to be Papists, and not sit to be Prayed for in Publick.