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

[Object. 4] Object. 4. That she was not Married according to the Law of God.

Answ. (1) Before the contrary is proved to this Negative, and the Truth shewen unanswerably that she was married ac∣cording to the Law of God; It will be necessary to prove by what Law, the Law of God concerning marriage ought not and ought to be Judged, whether it be the Law of God or no.

Secondly, By what Judge, Marriage ought not and ought to be Judged to be not according, or according to the Law of God.

As to the Law by which it ought not, it is clearly and fully already prov'd; therefore to avoid repetition, I refer the Reader to the former Books, Chapters, Pages here following quoted viz. That it ought not to be Judged.

• 1. By the Law of Moses and Customes of the Jewes, of which, Vid. Lib. 1. p. 2.
• 2. By the Laws and Customes of the Heathen Nations. Vide. Lib. 1. p. 10.
• 3. By the Laws Civil, Canon or Feudal. Vid. Lib. 1. p. 21.
• 4. By the Laws of Mahomet, Vid. Lib. 1. p. 26.
• 5. By Ecclesiastical Laws, Vid. Lib. 1. p. 31.
• 6. By such Laws of England Scotland or Ireland, as are Reli∣ques of Popery or contrary to the Laws of God, Vid. Lib. 1. p. 64. usque ad p. 125.
• 7. By Ceremonial Laws, Vid. Lib. 1. p. 127.

Of the Absurd and Ridiculous Ceremonies on which Priests would have Marriage, Filiation, Aliment and Succession to depend, Vid. Lib. 1. p. 127.

Of the Original of Compulsion to the Ceremonies of a Priest and Temple in Marriage, which came from the Priests of Priapus and Venus, Pagan Gods and Goddesses, Magicians, Aruspices, Astrologers, Daemons, with the Strumpets Theodora, Marozia and others, and Popes and Bishops their Chaplains, Vid. Lib. 1. p. 43.45.52.83. of Theodora and Morozia more, p. 79.

Of the sinal causes of Compulsion to the said Ceremony of a Priest and a Temple, viz. the Insatiable Lust, Covetous∣ness and Ambition of Priests, Vid. Lib. 1. p. 53.

Of the most Dismal Effects and Mischiefs insuing Compul∣sion of the Ceremony of a Priest and Temple in Mar∣riage, Vid. Lib. 2. p. 192. usque ad 250. et ultra.

Of certain other Mischiefs not before Recited.

Other mischiefs not before recited, of Compulsion of the Ceremony of a Priest and Temple in Marriage, and the false naming that Marriage which is no Marriage; and false name∣ing that no Marriage, which is a Marriage; whereby they call Good Evil; and Evil Good; Light, Darkness; and Darkness Light; so that the whole Mystery of the Romish Antichrist depends on the Compulsion of this Ceremony to Marry, Bury and Pray by a Priest in a Temple.

(1) Without this Ceremony they could not prohibit mar∣riage to their Clergy, which Militia Togata of theirs to keep unmarried, is one of the Arcana Imperij Papalis, and was first Decreed by Pope Nicholas the First. The sinal causes were,

• 1. That the Priests might have no Dependance or be un∣der command of the Lay-Lords, by reason of their Wives and Families; for whom, if they kept them, they would be necessi∣tated to provide Lay-Maintenance, the Spiritual being too short Commons for so many.
• 2. That what Wives and Children the Priests had, they might sit by other mens Fires, and be maintained at other mens Tables, and succeed to other mens Inheritances.
• 3. That the Priests might be the Richer and Abler to pay

• the more Tributes and Taxes to the Pope.
• 4. That they might be provoked to Lye with the more Lay∣mens Wives, and thereby fish out all the Secrets of their Hus∣bands for Intelligence to Lay their own Plots, and discover those against them in Auricular Confession.
• 5. That they might not be put to the usual Cost of Intelligence, which is commonly very Dear, but might by this way be had for nothing, and probably with Rewards to such Gallants.
• 6. That between the Woman and the Priest, they might Rob the Lay-man of his Goods, and share it between them.
• 7. That when the Lay-man was come to die, the Woman, to whom her Living man was more pleasant than her Dying, might persuade him to make the Priest Overseer of his Goods, and of the Children he had got for him; And to give Land to Pious (that is to say) Pontifical Uses.
• 8. That the Lay-men might not Lye with the Priests Wives, and return to them the Talio, to which end they made them∣selves Judges of the Causes of Divorce; And made strict Ca∣nons Prohibiting the Lay Divorce à Vinculo, for Adult'ry, and that they should give Surety and Bond, though Divorced à Mensâ & Thoro, while either was Living, never to Marry again; but the Priests might turn off their Courtesans, if they suspected a Lay-man had been with them, when they pleased.

So the Priest who was the Malefactor and Adulterer with the Lay-man's Wife, was Judge in his own Case of the Lay∣man's cause of Divorce, and would not allow it if he were within the four Seas; but none but himself was Judge of the cause of his Courtesans Divorce, which he may do Arbitrarily, and only for change at his pleasure. But this Prohibition of Marriage to the Clergy, nor the mischiefs thereof could not have been without Compulsion to the Ceremony of a Priest and a Temple in Marriage; nor could the Canon of Trent have found any other Ceremony by the omission of which to have made all other Marriages null and void, because no other Ceremony is in the Power of the Priest to compel men to, or can be Testified by him against those who omit it; nor can any other Ceremony be raised to so Luciferian an height, as to make a Ceremonial Law of Pope or Bishop, to over∣throw

a Marriage by the Moral Law of God. But if any Priest should take a Woman, and intend to make a Courtesan of her, yet get her with Child, And Liberty of Conscience were given to such as Marry, to use such Ceremony or not use it, then would this intended Courtesan deceive the Priest in his filthy bargain, to have her only as a Courtesan, and follow him as a Wife, according to the Moral Law of God, with her Children, and so spoil his Trade of Confessing other mens Wives in secret; and if he kept not at home only with her, perhaps penance him as bad as he penanceth others. For no other Ceremony, designation or mark of difference could have been put between a Woman got with Child by a Priest, and his Wife, but the omission of this Ceremony, which every Priest would omit of purpose to free himself from her and her Children when he pleased, though not the Lay∣men (the more beast he.)

(2) Without this Ceremony of a Priest and a Temple, they could not pretend to make Marriage a Sacrament; nor could the Pope pretend the Supreme Jurisdiction of Marriage, whereby he presumeth to Depose Kings, and Dispose of the Succession of Kingdoms.

(3) Without Compulsion to the Ceremony of a Priest or a Temple in Marriage, the Bishop could make no Certificate against any Marriage, according to the Moral Law of God, to be no Marriage.

(4) The Theodora's could not put in Adulterous Heirs into their Husband's Inheritance at their pleasure, while they are within the four Seas, if their Husbands had Liber∣ty of Conscience allowed to marry according to the Mo∣ral Law of God, without the Ceremony of a Priest and Temple.

(5) There could be no Transubstantiation of two Per∣sons into one Person, whereby all those mischiefs insue, men∣tion'd Lib. 1. p. 66. without the Ceremony of a Priest in a Temple.

Of the Law, by which the Law of God of Marriage, Filiation, Aliment and Succession ought to be judg'd.

As to the true Law and Ordinance of Marriage, by which alone the same ought to be judged, It is likewise already clearly & ful∣ly proved to be the Moral Law of God; and therefore to avoid Repetition, I refer the Reader, if he please, to Lib. 1. c. 8. p. 130. and for the Tables of the Moral Law, Vid. Ib. p. 131.

Of the Tables wherein the Moral Law of Marriage, Filiation, Aliment and Succession is written, and the Witnesses and Judge thereof Commissioned by God and not by Man, Vid. ib. 31, 32.

Of the Judges by which Marriage, Filiation, Aliment and Suc∣cession ought not, and ought to be Judged.

Having found the Law by which only we ought to Judge the Law of God of Marriage to be the Moral Law of God, we ought next to consider by what Judge it ought not, and ought to be Judged by the same Moral Law. There have been men∣tioned before, Lib. 2. c. 1. p. 137. Five Competitor Judges of Marriage, Filiation, Aliment and Succession.

• (1) The Bishop.
• (2) The Magistrate.
• (3) The Soldier.
• (4) The Parents.
• (5) The King and Parliament.

(1) And it hath been shewed, That the Bishop ought not to be Judge; with the several Exceptions against the Abuses of Judges in their forms of Procedure, both Ecclesiastical and Temporal; of which, vid. Lib. 2. cap. 1.

(2) That the Magistrate ought not to be Judge of Marriage, Filiation, Aliment and Succession, vid. Lib. 2. cap. 2.

(3) That the Soldier ought not to be Judge of Marriage, Filia∣tion, Aliment and Succession, vid. Lib. 2. cap. 3.

(4) That the Parents ought to be Judge in Reference to their private Patrimonies, vid. Lib. 2. cap. 4.

(5) That the King and Parliament ought to be Judge in reference to Publick Offices, and the Succession of the Crown, vid. Lib. 2. c. 5.

What is not Marriage by the Moral Law of God.

That neither Intent, Consent, Sponsion per verba de praesenti; nor such Sponsion by a Priest in a Temple without Carnal knowledge, are Marriage, but Mock Marriage, Vid. Lib. 1. p. 83, 84, 85, 86, 87.

What is not Matrimony by the Law of God.

The Civilians, Canonists, Common-Lawyers, Divines, Schoolmen and Casuists, are as much out in the word Matri∣mony, as they are in the word Marriage. And all the Kennels follow with full Crys the first who but opened his mouth, with∣out the least search further; and as they have thereby falsely made a Contract to Marry, to be the very Act of Marriage; So have they falsely made the Contract of Matrimony to be the very Act of Matrimony. And this Error they fell not into by Ignorance, but Fraud. And the Popish Priests first took the President from the Pagan. For without false naming what is not Mariage, to be Marriage; and what is Marriage, not to be Marriage; and what is not Matrimony, to be Matrimony; and what is Matrimony, not to be Matrimony; they could not have call'd Evil, Good; and Good, Evil; neither could they have perverted the Moral Law and Text of Scripture, to re∣ward Adult'ry and Fornication under the false Name of Mar∣riage and Matrimony; and punish Marriage and Matrimony, under the false Name of Adultery and Fornication, to their great Gains.

Matrimony, therefore, every one knows is derived from Matre, a Mother; and without a Mother there can be no Ma∣trimony: A Contract to make a Woman a Mother, is so far from the Act of Performance which is Matrimony, that it seems a Presumptuous and void Contract, because impossible to be performed by the Contractor; for though he may Contract to bye with a Woman, which is Marriage, and it may be in his Power to perform it, yet it is not in his Power to make her a Mother; for the conception and birth of a Child is a Miracle which none but God can do: and of this the Scripture is full, Psa. 127.3. Children are an Heritage of the Lord, and the fruit

of the womb is his reward. Psa. 139.14. I am fearfully and wonder∣fully made, which is the same with Miraculously made; and ver. 15. My substance was not hid from thee when I was made in secret: and ver. 16. Thine eyes did see my Substance; yet being unperfect and in thy book, all my members were written. And when all this is done, he saith further, Psa. 22.9. Thou art he that took me out of the womb. And we find Jacob was of the same mind; for when Rachel, Gen. 30.1. said unto Jacob, Give me Children, or else I die, ver. 2. Jacob's anger was kindled against Rachel, and he said, Am I in God's stead, who hath withheld from thee the fruit of the womb? whereby there was something else necessary to Ra∣chel's Matrimony, than a fruitless Marriage; and that Jacob though he Contracted to marry Rachel, Contracted not to make her a Mother. And till she conceived a Child, there was a Marriage, but no Matrimony.

The Objection was, She was not Married according to the Law of God, therefore the Eldest Son is not within the Statutes.

Ans. (2) It were enough still to deny the Sequel,

• (1) Be∣cause the Letter of the Statute requires not a Lady Married or lawfully Married, or Married according to the Law of God; but only a Lady Companion.
• (2) Because it requires not a King De Jure, as appears, Coke 3 part fol. 7. nor a Lady Com∣panion De Jure, nor a Son De Jure; But only a King De Facto, and a Lady Companion De Facto, and a Son De Facto.

For though the Statute neither doubted King Edward to be a King De Jure, or, in English a Lawful King, as well as De Facto; nor his Lady Philippa, being one of the most virtuous Ladies in the world, to be his Lawful Lady Companion; yet should the Statute have said, To compass the Death of our Lawful Sovereign Lord the King, or of the Lady his Lawful Compa∣nion; it would have left Succession more doubtful than before. For there never was a Law of the Land, or Law of God, or Contract so clear, but Lawyers Ecclesiastical or Common for Money have raised Questions and Doubts in, where the word Lawful, or any word aequipollent or to that Effect is express'd: For first, when the word is not expressed, there can no Law be Implied or Intended to Judge Lawfulness by, but

the Moral Law of God. But when it is express'd, as in the words, Lawful Marriage, or, Lawfully begotten, they will ex∣pound them by Laws Papal and Episcopal, which are not the Laws of the Land; and by Laws making Mala prohibita, and not Mala in se, which are not the Laws of God; whereas, where it is not express'd, it can only be Expounded by the Mo∣ral Law of God, which is above all Humane Laws and Statutes. Secondly, Because an Act of Parliament may make the Issue of a Marriage, though unlawful and contrary to the Law of God, Heir to a Kingdom; As the Marriage of David to Ʋriah's Wife, accomplished by Adultery with her, and the Murder of her Husband, yet was Solomon Lawfully made Heir to succeed David. So Edward the Sixth succeeded to Henry 8th, yet was his Mother Married while Anne of Cleve, his former Wife, was alive. And that the unlawful Marriages of Parents ought not Illegitimate, or be an Impediment to the Succession of Children, is fully already proved, Lib. 1. p. 80. And to the same end the present Statute Enacts no more in general for the safety of the eldest Sons of all Kings, than the Famous Queen Elizabeth, 13 Eliz. 1. doth for her own Heirs in particular; by which Statute it is Enacted to be High Treason, To affirm that any ought to be Heir and Successor to the Queen, except the same be the natural Issue of Her Body. So the old Lesson of the Lawyers of the words, Lawfully begotten, is left out; yet no question that Pious Queen intended more Lawful Heirs, than they with their Indentures, and the Priests with their Banns or Benedictions used to make. (4) Because though Suc∣cessions to private Patrimonies may be held in suspence by Dis∣putes of lawful and unlawful, yet ought not Successions to King∣doms so to be, which many times not only the least Delay, but even the neglect of clearing all Doubts, and declaring the Suc∣cessor before-hand, destroys or involves in most bloody Civil Wars to be after destroyed. (5) Because as is before touched concerning the word Queen, no Penal Statute ought or can be Extended by Equity, nor any thing be made within an Act of Treason, but what is within the Letter of the same. But such Marriages or other Matters which are by any other Statute made High Treason, ought to be Expounded to be within that Statute within the Letter of which is so named or made; And not within the Intention of this Statute wherein it is not so

made. As by the said 13 Eliz. 1. It is made High Treason to affirm, That the Laws and Statutes do not bind the Succession of the Crown, that is Treason within the 13 Eliz. 1. But not within the 25 E. 3. for all which Reasons though as 'tis at first said, It were sufficient to deny the Sequel and say no more, yet that Malice it self may not have any pretence to Cavil, I hope by God's assistance, Briefly, Cleerly, and Unanswerably, when the next Objection is answered, to prove she was both De Facto and De Jure, Married according to the Law of God.

Notes

• Not Married according to the Law of God.
• Of the damna∣ble Effects en∣suing Prohibi∣tions to Mar∣ry, and nul∣ling Marriage except by a Priest in a Temple, con∣trary to the Moral Law of God.
• The wicked Causes of Pro∣hibiting the Clergy to Marry by this Ceremony of a Priest and Temple, and compelling the Laity.
• Marriage ought to be judged by no Law ex∣cept the Mo∣ral Law of God, and the Moral Law by no Law but it self.
• Marriage, Fi∣liation and Succession, ought to be judged by no Judges except the Parents or the King and Parliament.
• Why Priests false named Marriage Ma∣trimony.
• Matrimony none without a Child.
• Birth of a Child the Act of God, and not of Man.
• Statute re∣quires neither a King de Ju∣re, nor a Lady Companion de Jure, but only de Facto.
• The word Lawful Incer∣tain and Liti∣gious.
• A Lawful Suc∣cessor may be of an unlawful Marriage.
• The Crown entailed to the Natural and not Lawful Issue of the Body of Queen Elizabeth.