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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	form_n	prayer_n	use_v	4,815	5	5.9954	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28801	Examen legum Angliæ, or, The laws of England examined, by Scripture, antiquity and reason cujus author anagrammat[os] est, A gomoz boa oz̄ bary.	Booth, A., 17th cent.; Boon, A.	1656 (1656)	Wing B3738; ESTC R38641	162,879	175

if one cast out the other by force and so keep him out by force he cannot be restored to the possession by the Statute 5 R. 2. So if a Disseissor or Abator of the Ancestor be in possession before the Heir his Ancestor being dead and holding him out by force he cannot have restitution Mic. 2.2 Exod. 20.17 21.28 Rom. 7.7 33. The Common Law establisheth an Idolatrous Service to be done by Popish Priests in stead of the true Service of God Coke Com. Lit. l. 2. c. 6. sect 134 135. Found Colleg. Wigorn ' by H. 8. Can. 14. 58. performed by a lawful Ministery whose chief work was the Offering up the unbloody Sacrifice of the Mass which with their Blasphemous Prayers to Saints and foolish Petitions for the Dead their Crossings and pompous Ceremonies and such-like bodily Exercises is called Officiating the Cure a word still retained they are also to see Holy-days observed (a) Sheph. Office of Ch. Minist p. 262 272 273. 5 6 E. 6. c 3. Now at the best the Statutes favour a reading-Ministery to do Divine-Service as it 's called and to reade Homilies and I know no ancient Law to enforce any man to do more And accordingly most of the Parsons and Vicars of the last Edition do after this manner for they have no gift of Preaching nor are they in any sort apt to teach but can onely reade a written Sermon out of a book which is but a Childe's work and therefore are not to be accounted any Ministers of the Gospel This will never be amended so long as the Parishes stand as they do some of these Parsons or Vicars have said They have not Curam Animarum there is the Land to pay them their Tythes they will do what they are bounden to do and no more However this is a great Profaneness and Impiety and contrary to the Duty of a faithful Minister Neh. 8.4 8. 2 Tim. 4.2 Acts 13.16 1 Tim. 4.13 34. The Garments of the Serjeants and Judges especially at the Serjeants being called to that Degree when they come to the Chancery-Bar to have their Charge are Superstitious inasmuch as they are accom●ted significant Ceremonies The Robe the Coyf the Hood and all the rest all very (b) Lord Finch his speech in Chancery to the Serjean●s call'd when he was Lord Keeper It is said that the Ensigns belonging to the Doctors lately created in Ireland were by the Dr. of the Chair all Expounded and made significant c. Theologically or rather Superstitiously expounded by my Lord Finch when he was Lord Keeper which I heard with my own ears These things were never ordained to teach mens duty to God but such Garments serve for Civil Ornaments and distinction of the Degrees of Men as the Sword the Cap and the Mace c. are Ensigns of Magistracy fit to be used But we must not learn our duties to God by the Traditions of Men we are sent To the Law and to the Testimonie Christ is the Teacher of his Church Mat. 17.5 Isa 8.20 Joh. 14.26 35. That (c) Canon 67 68. Marriage (d) Canon 72. Burying the Dead (e) Funer●l Orations used amongst the Heathen Romans Tac. Annal. l. 3. c. 15. p 88. So Marriage was used with Confarreation with a Cake of Wheat as a R●ligious Ceremony Godwin Antiq. l. 4. c. 5. pag 94 95. and Funeral-Orations or Sermons are by the Law belonging to the Ministerial Function Whereas Marriage is a Civil thing common to all Nations and is to be Celebrated by the Magistrate Cock Essay p. 152. and it was never used otherwise until the Church of Rome thought it profitable to be made a Sacrament At New-England Marriages are solemnized and done by the Magistrates and not by the Ministers Lechford News p. 39. At Burials nothing is read nor any Funeral-Sermon or Oration Idem ut supra And for Burying the Dead it 's no more then a work of Civility and Charity Devout men carried Steven to his Burial and made lamentation for him as Israel did for good Josiah and the Egyptians and Joseph did for Jacob and The dead may bury their dead And for their Funeral-Sermons or rather Orations they were used by the Heathen and taken up by the Papists the first Praised the Dead the last Pray for the Dead But I do not finde that anciently the Minister had any more to do in these things then any private man and the use of them is Superstitious and contrary to the practice of Scripture-Saints and the last tends much to harden men in a course of sin generally all men being praised when they are dead although they were never so wicked if but any thing of good either in word or action was wringed from them in their sickness or in their life-time as (f) Fuller holy State l. 2. p. 104 who is so bad but something which is good may be gotten from or observed in him Deut. 25.9 Ruth 4.2 8 9. Joh. 2. Gen. 50.7 10. Acts 8.2 Marriage is inrolled as a Civil Contract by the Magistrate at Geneva (g) Laws Geneva p. 27. 36. The Law enforcing all persons of age of discretion how profane soever Bishop Neals Injunctions in Lich. Dio grounded upon the Canons to communicate at the holy Table of the Lord three times in the year whereof one to be at Easter And although sometime Ministers have seemed to purge their Parishes by calling them to a kinde of Auricular Confession which is a way of Antichrist yet is there no restraint nor is it any offence against our Law to admit all to the Table contrary to the Word of God 1 Cor. 11.28 Heb. 10.29 37. (h) 7 H. 4. c. 15 8 H. 6. c. 4. Plowd Com. fo 126. a. Rast Entr. tit Parliam f. 410. The Chusing of Knights of the Shire in such a Popular way the Voyces being made alwayes by Imbracery Terrour or Friendship is a Wrong and Oppression The course used in Chusing Officers amongst the Romans and Graecians and the choyce of the Duke of Venice by Billets is a more excellent way where no exception can be taken but most impartial and agreeable to the Word of God is casting of Lots Godw. Ant. l. 3. c. 2. p. 135. used at Geneva See the Laws of Geneva p. 12. At Genoa Bodin l. 2. p. 232. At Venice So the Senate is Chosen at Bern Basil Zurich and generally in all Common-wealths 38. (i) 1 El. c. 2. 35 El. c. 1. Coke Entr. Indictment 352 353. A Form of Prayer for Publick Worship the Book of common-Common-Prayer and since the Directory for Worship in this respect the same are unlawful for that a certain number of men as if they were the Representative Body of the Church conceive a Form and all men are enjoyned to use the same or the like in effect This is a Humane Invention put upon the Ministers and People without warrant from the Word and as a wise

H. 3. Dayes in Real Actions 51 H. 3. Dayes in Dower Preface to the book of Common-Prayer 5 6 Ed. 6. cap. 3. 2 H. 5. cap 4. The Returns of Writs upon the Dayes dedicated to Saints and Angels and Apocryphal Saints and upon Popish Holy-dayes such as S. (x) The true Michael is Christ who is like God as the Name signifieth Dan. 12.1 But this is some counterf●it Michael Michael S. Hilary S. Martin All Souls All Saints The Purification at the best are Superstitious and it 's determined by the Learned That the Dedication of Dayes to Saints is part of the Idolatry of the last times much worse are some of those Dayes mentioned in the Statutes dedicated to Idols as the Rood Corpus Christi the day when the Idol or false Christ was carried in Procession and worshipped being the third of May S. Thomas the Martyr that is Thomas a Becket mentioned in the Statute who was adored and worshipped blasphemously thus Tu per Thomae sanguinem quem pro te effudit fac nos Christe scandere quo Thomas ascendit (y) Verst Rest decayed Intel. p. 54 55 to 64. The dayes of the Week dedicated to the Sun Moon Tuysco Waden Thor Friga and Seater being old Saxon Idols The like may be said of the Moneths dedicated to Janus Mars Maia (z) Suet. Tran. Sup. Jul. Caes p. 2. in vita August Caesar sect 31. Syms Church-History in the Life of Commodus p. 27. Ex Euscb Julius Caesar Augustus Caesar c. These are taken notice of and used in the Law upon all occasions and cannot be changed without change of the Law but they ought all to be abolished according to those Laws Psal 16.4 Deut. 12.3 4. Exod. 22.20 23.13 Perk. Idol last Times 1 Vol. p. 683. Col. 1. August de Civit. Dei l. 12. cap. 10. 1 Corin. 10.12 The (a) Tit. Liv. l. 29. p. 719. f. Tac. Annal. l. 2. c. 7. p. 42. Heathen had such Holy-dayes dedicated to Idols in imitation of whom the Papists appointed such dayes as are first mentioned 25. The Oath as it 's administred in all Courts smelleth of (b) Stamf. Pl. Coro tit Trial per Battel l. 3. c. 14. f. 177. Idolatry (c) Willet in Exo. Hex in Com. 3. Decal The Jews swear upon their Thorah which is the Pentateuch or five Books of Moses This Custome is condemned as Superstitious our Laying the Right-hand upon the Gospel or New-Testament and kissing the same is no better Although some Superstitious persons account these very profitable and significant Ceremonies They ought the rather to be rejected for that such a kinde of Oath hath no resemblance to any Oath in holy Scripture But rather the lifting up of the Hand (d) Laws Geneva pag. 12. These Ceremonies of Laying the hand upon and kissing the Book are condemned by the most Learned See the Treatise of Oathes p. 57. written by the Nonconformists Horn. Mirror Justice c. 3. sec 24 25. Expos Forest-Laws fo 40. an Old Manuscript is to be approved and the significancy of the Ceremonies abovesaid an Oath being a Solemn part of Gods Worship makes them utterly unlawful for that it is the Office of Christ in his Word to appoint Teaching Ceremonies in his Worship And the truth is by the Common Law the party Swearing makes Idols of the Saints and sometimes of the Book the words are So help me God and all (e) Idem Cowel Instit l. 2. Tit. 3. sect 8. p. 115. sect 15. p. 119. p. 287. Saints and sometimes The Contents of this Book Gen. 14.22 Deut. 32.40 Rev. 10.6 Deut. 6.13 Mat. 5.34 35. Some Lawyers hold and amongst the Civilians it hath been constantly used That the Guardian may swear upon the Soul of his Minor or Pupil The very words of the Law are these which I finde in a (f) Cowel Inst Jur. Angl. l. 1. Tit. 21. sect 4. p. 70. Ex Fitz. N. B. f. 118. Body of the Law set forth by the late Kings Professor of Law in Cambridge Custos in Animam minoris Jurare potest and so the Proctor or Attorney may swear upon the Soul of his Master This is the same with Jurare in verba Magistri 26. (g) Kitch Felo fo 26. 23 H. 8. c. 1. 1 Ed. 6. c. 12. 5 Ed. 6. c. 9. 10. 8 El. c. 4. 39 El. c. 15. Doct. Stud. c. 8. fo 17. b. The Law against Felonies in many Cases as the Stealing of Goods worth five shillings out of a house or from a Stall in a Fair or Market or any small sum of Money from a Mans Person secretly and some greater Felonies for which the party convicted shall have Judgement of Death without any mercy or moderation of Justice as it 's called when more heinous Offenders have favour shewed them by means of that foolish Usage The Clergie This severity is clearly against the Law of God (h) Willet Hex in Exo. Gen. Observ p. 4. Rawl Hist l. 2. c. 4. sect 16. for the Magistrate to shew more rigour then Moses becometh not the Gospel It 's a Rule amongst the best Learned That it is not lawful for any Magistrate to inflict a greater Punishment for any Offence then is appointed by Moses Judicials although it's held there may be a mitigation Circumstances being considered in some cases not Capital nor to adjudge any man to death where the Sentence of Death is not given by Moses Willet Hex in Exo. General Observat p. 4. (i) Godw. Ant. Rom. l. 3. sect 3. c. 9. Cock Essay p. 166. This severity may better be turned to servitude and labour where Restitution cannot be had in the House of Correction like the Romans Pistrinum or Metallum or Mine-works or the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This would be a greater terror to the Atheists of this Age then Death it self it being a professed Maxime amongst such That a short life and sweet is better then a long life and sorrowful and the same is more agreeable to Gods Law Eph. 4.28 Exod. 22.1 3 4 7. 2 Sam. 12.6 (k) Tac. Annal. l. 14. c. 13. p. 215. Where other Punishments are by Laws inflicted without note of Severity for Crimes not Capital which make mens lives miserable There is no use of the Executioner or Halter 27. (l) 15 H. 7. c. 8. Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f. 145. b Rast Entr. tit Quare Impedit fo 473. a b. 474. a. 465. b. Coke Entr. tit Quare Impedit fo 469. a. 489. a That Law That he that hath the perpetual Advowson of a Church as it 's called may sell the next Presentation when the Church is full so the Incumbent be not Languidus in Extremis it being a Lay-Hereditament This is an Impious Law and the Merchandize of Rome whose Merchandizes are amongst other things said to be the souls and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bodies of men not Slaves as it 's usually

should we depart from them being none of those Ceremonial or temporal Laws which now being abrogated are unlawful to be used Exod. 18.13 21 22. Numb 27.1 2. Deut. 17.6 10 11. Ezra 7.25 26. Acts 25.9 10. 54. That no man can be punished upon Indictment for breach of any penal Law be the matter never so plain except in some few cases lately provided for (u) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 2. fo 69. The bill found by the Grand Jury is but an Accusation until the matter be found by two Juries unlesse the offender will confesse the fact which causeth few or none to be punished for wilful breach of the best Laws in force by reason that the Prosecutor is forced to be at so great a charge to promote the execution of Justice and every petty Errour is sufficient to overthrow the Indictment being but a mistake of a word or syllable it 's fatal being helped by no statute of Jeofails Thus such as are Indicted creep out by one means or other the Prosecutor or Informer being never favour'd in any Court and seldom any Common Jury will finde for the Prosecutor it being a common saying amongst such Jurors that if they finde for the plaintiffe they shall have nothing for their labours By this means most of the penal Laws stand as so many scar-Crows effecting nothing (w) An ineffectual Law is quasi Campana sine Pestillo A bell without a clapper Danaeus Hawk Right of Dominion l. 2. c. 9. p. 65. This course in proceedings is faulty three wayes 1. It 's too Tedious and chargeable to the Prosecutor 2. It puts the Jury into the place of the Judge as before is said 3. It 's an encouragement to Offendors and in all these against the Law of God Acts 24.22 26. Exod. 18.22 Eccl. 8.11 55. Purgation by Ordael or Ordaeals when such as were accused of Crimes were put to their tryal by (x) Glanvil l. 14. c. 1 2. Cow Interp. verb. Ordael Combate by fire by hot water or cold water and so according as they came off they were pronounced guilty or not guilty Concerning the first I have herein formerly spoken That which was performed by fire Verstegan Rest decayed Intell. Pa. 50. 51 52 53. was either by taking red-hot Irons into their bare-hands or walking bare-foot over red-hot plow-shares blindfold That by hot water was by thrusting the parties Armes a●cused into boyling water to the Elbows That by cold water was by casting the party accused into a deep pit with a cord under his or her Armes In these cases if the accused partyes go over seven plow-shares being laid a little distance one from the other and either tread besides them being blindfolded or treading upon them with their bare feet or taking the hot Irons in their bare hands have no hurt and so if the parties putting their Armes into the hot water be not scalded or he or shee that is cast into a Pool do sinke and then come up again without hurt they are pronounced innocent and not guilty but if they are burned by the hot Irons or scalded by the hot water or cannot sinke in the cold water as likewise he that is slain or vanquished in the combate in such cases they are pronounced guilty Of these Sorceries for they are no better invented by Pagan Conjurers the old law-Law-books speak largely that the same were used before and after the Conquest and the (y) At Hampton in Arden Com. War A Woman suspected for a Witch was so tryed by the rude people for which they were indicted 1653. It s said some of these Trials are taken away by a statute of H. 3. but seems to be very obscure and doubtfull rude people use to try Witches by cold water as above is said until this day And although these Ordaeals be not commonly used yet they may be there being no Law as I take it against them but only a decree of Pope Stephen II. which is no binding Law These superstitions were never ordained to try or acquit guilty persons or such as are que●●ioned for their lives they ought to be tryed by the testimony of witnesses Deut. 17.6 Numb 35.30 Heb. 10.28 56. (z) Coke l. 7. Calvins case fol. 2.19 28. That the King heretofore should have had to his own use all such Lands as any stranger borne of parents out of the Kings Allegiance purchased in England is an unjust Law and contrary to that which was used of old times and mentioned in the Holy Scriptures where men were admitted to purchase Land amongst the heathen and to enjoy the same Abraham bought a Field of Ephron the Hittite and enjoyed it and Isaac and Jacob had it after him as appears Gen. 23.17 18. compared with Gen. 49.30 31 32. 57. (a) Swinburn Tract Wills par 2. sect 14 15. Part. 5. sect 3. That Anabaptists such as deny the Baptism of Infants are accounted in our Law Apostata's and are not capable to make any will to be Executors or to receive Legacies this was not only held to be Law in times of popery but hath been since so determined the same is a wicked and unjust Law for if it should be granted that these men hold an Errour about Infants Baptism which may be questioned yet it cannot be thought to be an Errour in the foundation or a rejecting Christ and the Gospel nor so bad as to hold that all Infants although the Children of Pagans unbelievers and excommunicate persons ought to be or may be Baptized because this is contrary to these mens own principle grounded upon that Acts 2.39 Acts 2. The promise is made to you and to your children and to all that are afar off even as many (b) By this Scripture only the Children of believers or such as are called have right to the promise as the Lord our God shall call But howsoever this opinion cannot take away the civil right or property of any man to the things of this life to which the most wicked man living may have (c) The King hath Power and Soveraignty The property and possession of every mans things yet reserved to himself Bodin Republ. lib. 1. pag. 110. 111. a civil right This therefore is an unjust Law Gen. 14.23 Numb 22.30 32. Acts 5.4 58. The like Law is concerning (d) Coke l. 5. fol. 25. Hereticks who are such in our Law as deny any Article of the Creed if it be but the locall descention of Christ into Hell or such whose opinions have been condemned by a General Council as the Papists will tell us the Protestant reform'd Religion hath been by the Council of Trent 2 H. 5. cap. 7. and other Popish Conventicles and that the Doctrines of our Religion have been condemned by several Acts of Parliament Swinburn Treat Wills pa. 2. Sect. 14. pa. 5. Sect. 2 Doct. Stud. f. 115. b. c. 29. under the name of Lollardries the Professors