Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	according_a	court_n	law_n	1,543	5	4.8094	4	false

Text snippets containing the quad

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

most communion with God and were best instructed did in matters of Law and Justice in these respects 2. And then we will consider what the Gentiles did by the light of nature and reason or rather what they had gathered from the Laws of Moses not so much because they were the Laws of God as because they were the Laws of a wise Law-giver and of a wise people for that the wise of the Heathen Gentiles and the Philosophers Poets who were accounted their Prophets had knowledge of Moses his writings there is nothing more clear by many passages in their books and the very Laws of the Heathen themselves in many particulers suit with the Judicial Laws of Moses Concerning the Jews I have set it down before in this Treatise that upon occasion of Jethro his wise Counsel their (b) Exod. 18.21 22. first Judges and Rulers of all sorts were instituted and afterwards the Court of (c) Numb 11.16 17. W●ll●t Hexe in Exod. c. 18. ver 21 22. qu● 19.20 21. Deut. 1.15 16 17. seventy which was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Senate of the Jews was appointed by Almighty God This was the great Court or Judicatory of the Jews and consisted of three-score and (d) Bodin de Republ. lib. 1. pag. 57. ten persons most eminent in their Tribes and the President which was Moses or as others say three-score and twelve that was six out of every Tribe however they were called the seventy as were the Interpreters of the Old Testament who translated it into Greek bearing the name of the Septuagint although they were seventy two This Counsel of the Jews heard and determined generally all controversies according to the Laws of God and if a cause were too (e) Exod. 18.22 hard for them by reason of the want of a particular positive Law (f) Numb 27.1 2 5 7 8. Godw. M. A. l. 5. c. p. 209. Willet Hexa in Exod. 18. ver 22. qu. 21 22. as the Case of Zelopheads daughters then they came unto Moses (g) Alfonsus the tenth K. of Spain commanded his Judges to come unto the Prince himself as often as there was nothing written in the Laws of their own Countrey concerning the Matter in question Bodin Republ. l. 1. c. 8. p. 108. who enquired of the Lord and received direction from him and according to the minde of God the Case was Judged instead whereof we have now the written word of God compleat Besides this the Jews had another Court which dealt in Criminal and pecuniary causes consisting of three and twenty Judges and this Court was subordinate to the Sanhedrim And thirdly they had another Court which consisted of three Judges which was subordinate to the other two Courts The Sanhedrim sate commonly at Jerusalem and was sometimes divided into five parts and sate in five several Cities The Court of three and twenty sate in the several Cities and were a standing Court every (h) The Romans had such a Court in every Citie Tac. Annal. li. 1. c. 3. p. 5. Citie having such a Court these the Jews called Councils and of these our Saviour speaks when he saith (i) Math. 10.17 They will deliver you up to the Councils The third Court or Court of three was in every Town or Village and dealt in ordinary and smaller matters And by this we see that the Jews were not forced to go far for Justice but had it near them at all times and (k) Mercat Atlas descript Holy Land pag 839. Jerusalem it self was not above fifty miles from the Confines of the Land of Canaan in the length of it and not above twenty miles from the Confines in the breadth thereof and yet the Jews had not all that in possession And in the next place in imitation of the Jews (l) Rous. Att. Ant. l. 3. c. 1. p. 108. Bodin Republ l. 3. pag. 263. the Grecians at Athens had a Senate consisting of four or as some write five hundred persons which was the great Council of the Citie and Common-wealth and upon weighty occasions all these or as many as would sate in judgement (m) Idem Att. Anti. l. 3. c. 1. p. 125 126. There was another Court called Ariopagus consisting of the number of three-score of the wisest and most grave Citizens of which the President or Chief Justice was called Basileus that is King and they had cognizance of matters of life and death and Criminal causes and other things of great concernment Then they had also another Court which heard and determined matters by way of (n) Idem l. 3. cap. 3. Sect. 4. Th●se were like the Jews Courts Godw. M.A. lib. 6. c. 10. pag. 294. Willet Hexa in Exod. c. 18. v. 25. q. 26 27. Compromise and there was not any cause if it exceeded in value ten Drachma's which is but fifteen pence of our money the Attick Drachma being but one penny half penny but it past these mens hands before it might be admitted into any Superiour Court. In like manner the Romans and likewise the Lacedemonians agreed with the Athenians for the most part in respect of their Courts and Judicatories The Romans had three Courts † Sueton. Tranq in vita Julii Caesaris Sect. 41. untill the third was put down by Julius Caesar and afterwards Augustus other Emperours appointed a privy Counsel of twenty of the chief of the Senate to treat of great affairs of State in private like the privy Council of England which at first were but 15 Persons instituted 450 years since 1. * Bodin Republ l. 3. pag. 262. and 267. Godw. Ant. lib. 3. sect 4. cap. 20. The Romans in their Suits proceeded in this manner 1. They obtained a summe of course 2. They asked leave to enter their Plaint or Action 3. Then the Action was entred if it were allowed of by the Court. 4. Which done both parties put in pledges either in money or gave security the one to prosecute the Suite and the other to abide the Judgement The proceeding at Geneva is much like the Romans one Court or other sits almost every day and the causes judged in three weeks or a moneth usually Laws Geneva p. 17 18 19 20. The third Court day regularly the Cause was heard and Judged if the Cause were Criminal the Praetor would not suffer the same to be entred untill the Prosecutor had sworn that he did not accuse the Defendant falsly or maliciously And when any man had killed another the Chief Justice and the whole Bench of Judges sate upon the life and death of the Man-slayer o Sueton. Tra●q in vita Flavii Vespasian August Sect. 10. And when in the time of Flavius Vespatianus Augustus the Courts were too full of Causes that whil'st the old Actions hung still undecided new quarrels arose to increase them he chose certain Commissioners by Lot to Judge between party and party and to reduce the Causes to as small

but about that which is called The Foundation of Law and The Propriety or Liberty of the Subject (f) Arguments of Crook and Hutton in Hampdens Case Excheq Chamber Ann. 1638. As in the Case of Ship-money where the Judges were divided and the major part adjudged that to be Law which by the Parliament and Judges since hath been declared to be (g) Votes in Parliament 7 Decem. 1640 7 Febr. 1640. against Law But it may yet be questioned What the Law is in that case And surely if the Law were so perfect as is pretended what folly may be imputed to the wise men of the Nation who in the several Parliaments have corrected and controlled Littleton and the Common Law in near an hundred particulars by Acts of Parliament since he wrote And yet all these Alterations are said to be Amendments for the benefit and profit of the People And if the Theory be thus necessarily altered and another face put upon it and the Practick part more changed and corrupted as shall appear in this Treatise then must it be concluded that the Law which now we have in use is not the ancient Law of the land nor that the same Law neither was nor is so perfect and certain as it hath been commonly affirmed to be But that the Law as now it stands in use and practice is a new pompous Edifice erected upon some old Foundation and become an Engine to draw wealth to the great Officers Professors and Practicers thereof to the impoverishing of the residue of the Subjects not having any Foundation either in the Law of Nature or on the Positive Laws of God sufficient to bear up the same and therefore can deserve no such commendation or be held so sacred as that it ought not or may not upon good ground be altered and amended and the Prolixities Uncertainties Difficulties and Extravagancies thereof reformed It is observed by a (h) G●otius Pol. Maximes Part. 1. cap. 4. pag. 34 35. Legem oportet esse brevem quo facilius ab imperitis tene●tur velut ●missa divinitus vox Jubeat non disputet nihil frigidius nil ineptius quam lex cum Prol●gomenis Co●l Rhod. l. 18. cap. 19. pag 699. great Statesman That those Laws are best which are short easie few accommodated to the Manners of the People and for Publick good Those are to be accounted Tyrannical Laws which are many obscure difficult like so many Snares to the People and not tending to the advantage of the Publick But whether our Laws are of the first or later sort let the Reader judge (i) Cowels Instit l 1. tit 1. sect 2. pag. 21. A learned Civilian hath this saying which he citeth out of Bracton Juris Pracepta sunt haec Ex Bracton l. 1. cap. 4. n. 6. Honestè vivere Neminem laedere Jus suum cuique Tribuere i.e. The Precepts of the Law or Right are these 1. To live honestly 2. To hurt none 3. To give to every one his Right Whether these three Precepts comprehend all that men are bound to do in reference to the Law I will not determine but this I deliver positively and doubt not but it 's sufficiently proved in fourty Particulars in this Treatise which the Reader if he please may observe That the Laws of England both in their Redundancy and Excess as likewise in their Want and Defect are intolerably faulty not holding forth Justice or Righteousness in reference or according to any one of those three Precepts And the clear Reason and Cause of this Extravagancy Gal. 6.16 2 Tim. 3.16 17. is The rejecting of the Holy Scriptures which are the Onely Rule of Righteousness CHAP. II. That the Law of God contained in the Holy Scriptures ought to be the Foundation of all Laws used or practised amongst Christians (a) Willet Hex in Exod. c. 21. qu. 1. p. 458. THat the Holy Scriptures are the Foundation of all just Laws is a Truth undeniable and evident to every one who hath any competent knowledge therein comprehending in them as well the Dictates of the Law of Nature and right Reason Isidore calls Law A Constitution written agreeing with Religion fittest for Government and Common Profit Humane Law is a righteous Decree agreeing with the Law Natural and Eternal Raleigh Hist l. 2. c. 4. sect 15. Omne id quod ratione consistit Greg. de Val. Ex Tho. Aquin. qu. 91. art 3. as all other things necessary for the Ruling Guiding and Ordering all the affairs of this life whether Political Oeconomicai or Personal which appears by this That the Law of God (b) Psal 19.7 is perfect (c) 2 Tim. 3.16 17. That the Holy Scriptures are able to make a man of God not onely the Minister but every other man perfect throughly furnished to every good work God hath spoken but once in the Holy Scriptures so fully to all doubts and cases and to all good works that he needeth speak no more Whites way Sect. 11. pag. 57. If any thing be needful either to be known or done the Scriptures teach it c. Idem ex Espencaeo Com. 2 Tim. 3.15 16. And upon this ground is that Maxime founded That no Act of Parliament or Law repugnant to the law of God is of any force This is agreed amongst the Lawyers and it 's cited out of Augustine by one of the most Learned for Arts and Tongues of that Profession That (d) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 1. p. 3. Ex August l. 3. de Civit. Dei Omnium Legum est inanis Censura nisi Divinae Legis imaginem gerat (e) Conference about the Power Parliament Speech 3. p. 64. A●freds Laws Powels Court Leet pag. 6. 12 13. Fox Acts and Mo. V. 1 p. 185 That Renowned King Alfred who reigned Anno Christi 872 began his Laws thus Locutus est Dominus ad Mosem hos sermones Ego sum Dominus Deus tuus and so recites the Decalogue and then proceeds to mention the most material Laws set down in the 20 21 22 and 23 Chapters of Exodus which he affirms to be the most apt and compatible for the Government of his Kingdome and according to his Laws his Government was blessed with universal Peace and Quiet above other Kings of this Nation (f) Fournier Georgra Orbis notitia l. 5. pa. 1. c. 10. p. 220. There being neither Thieves nor Robbers to molest the People (g) Cok. Engl. Law pag. 107 108 109. Cok. Essay p. 168. Bod. de Rep. l. 1. p. 44. What Law can there be more just more strong indifferent or better then the Laws of Gods Now not onely the Decalogue but also the Judi●ial Laws of Moses are an eminent Foundation of Politick Laws holding forth plainly the Reason of Commanding and Prohibiting Of these Judicial Laws some belonged to the Jews properly as being appendent to the Ceremonial Law (h) Willet in Exo. gen obser qu. 4. upon

Law of the 12 Tables is said to be the end of Law and Equity Tac. 1. Annal. l 3 c. 5. p. 71. Nature holds forth but one Light to men and God gives but one Law to Christians This is the end of Magistracy The Execution of Justice which in their hands whether Supreme or Subordinate is that Vertue which is commonly called Distributive Justice and comprehends in it (c) Equity is the Law of Nature to which all men are bound That is honest which is agreeable to the Equity of Nature Bod. Rep. l. 1. p. ●05 Equity and the same likewise is called Righteousness Now that Justice and Equity are the same thing there is nothing more clear as Aequum Justum are Termini convertibilés so are Justice and Equity (d) Weems M. L. Com. 8. Exerc 8. p. 225 230. Godw. Antiq. Rom. l. 3. sect 4. c. 1. Isa 59.13 14 15 Prov. 17.26 And these are indifferently taken one for the other in the Holy Scriptures Isa 59.14 Justice standeth afar off and Equity cannot enter By these two words is elegantly set forth the Injustice of the Magistrates who had to do in execution of Justice and Judgement as is there expressed The same appears in that place of the Proverbs To punish the just is not good nor to strike Princes for Equity It is an evil and wicked thing to punish men for doing that which is just or to abuse Magistrates for executing Justice Coloss 4.1 Col. 4.1 Masters give unto your Servants that which is just and equal The two words there used are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are indifferently taken one for the other and either of them signifie just or equal Phil. 1.7 Phil. 1.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arias Montanus translates it Sicut est justum (e) Pasor Lex p. 187. a. 2 Cor. 8.14 Pasor in his Lexicon renders it Prout aequitas postulat 2 Cor. 8.14 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this is Englished That there may be equality The same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is translated by the (f) Pasor Lex p. 343. a. Learned Aequalitas aequitas justitia and so it 's indifferently used for either Equity or Justce which are the same thing being referred to the act of the Magistrate in distribution of Law or Right (g) Psal 98.9 1 John 3.7 And Almighty God is said to Judge the World with Righteousness and the People with Equity The like appeareth in many other Texts of Scripture And in the same sense these words Justice and Equity are indifferently used by Profane Authors to signifie the same thing and they are onely distinguished thus (h) Franc. Sylvii Com. Orat. Cicero pro Murena Tom. 1. p. 771. Aequitas est ratio Legis Jus vero sententia ipsa so that Equity and Right are not administred as several things (i) The Law without Equity is as the Body without the Soul The least Judges have power to judge and give sentence according to the equity of the cause Bodin Repub. l. 6. c. 6. p 763 764. but the one is in the minde of the Judge the other more perspicuous and both made up the act of Justice And the same Author chargeth it as a fault that Usu saepè venit ut inter se pugnent Juus Aequitas In this sense the Lawyers themselves have used Lex for Jus and Aequitas or the one for the other (k) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Finch c. 1. f. 1. Consuet Norm tit de Jure fo 125. tit de Justit cod Cust Norm tit Justice pag. 7. B. Arist Eth. l. 5. c. 41. Lex dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 à distribuendo que ceo distribute droit a Chesc ' Because it gives Right to every one The very same words are used in opposition of that Law of the Romans called Lex (l) Eubul Din. Scho. in Orat. Cicer. de Lege Agraria tom 1. p. 710. This Law was for Division of Lands amongst the poor Commons being sound in the possession of private persons Tit. Liv. l. 2. p. 71. c. Agraria where the Commmentator in his Scholia's upon Cicero's Oration against that Law saith Lex suum cuique tribuit and thence reasons and concludes Logically thus Maj. The Law gives to every one Right Min. This Law doth not give to every one Right Concl. Ergo haec Lex Justitia non est Let our Law and Equity be laid to this Rule and see how any man living can defend both A poor man for Example is bounden in a Bond of Twenty pounds conditioned for payment of Ten pounds with Interest which Bond is forfeited because the Money was not paid at the day although it was paid two or three years after and nothing unpaid but Interest The Creditor puts this Bond in Suit it may be either out of meer covetousness or to hook in some other pretended Debt or Duty The Defendant pleads Condition performed or upon the general Issue gives in Evidence the payment of the Principal three years after the day limited in the Condition The Judge in such case must give direction for Law That the Jury must finde for the Plaintiff for that the Defendant (m) Justitia legalis stricte sumpta quatenus opponitur aequitati est iniquitas c. Amesii l. 5. de Conscient●â c. 2. p. 269. Finis Legis est Justitia Coed Rhod. l. 13. c. 19. p. 697. must have his Remedy in Equity and accordingly a Verdict is given for the Plaintiff And the Defendant preferreth his Bill into the Chancery and therein alledgeth all that is true and somewhat more to make his Bill hold and if the Plaintiff at Law get Judgement entred before the Bill come in which may be had the first week in the next Term after the Tryal there is an end of the Suit the poor man hath had Justice Summum Jus that is the extremity of the Law which is Summa Injuria and his Adversary hath Execution against him for the Twenty pounds Penalty and Eight pounds for Costs which is given in nature of damages This he Defendant must pay or lie in Goal and the Law as it is Justice in conceit cannot relieve him Well the poor man hath it may be got a Reprive upon preferring his Bill the Plaintiff at Law is either in Contempt or prayes a Dedimus Potestatem to answer in the Countrey or it may be in his Answer confesseth part of the Money paid or else that the Bond is ancient Hereupon the Complaint in Chancery obtaineth an Injunction and in short goes to Commission and brings the Cause to Hearing and hath a Decree That the Plaintiff paying the Interest which may be some thirty shillings and Costs which may be five Marks besides the aforesaid Eight pounds the Defendant who was Plaintiff at Law shall acknowledge satisfaction of the Judgement and deliver up the Bond. The Decree is inrolled and the Defendant served with a

Writ of Execution of it and obeys it and this is the best that can be expected And then the parties fall to cast up their Accompts and it 's found That the Plaintiff at Law spent Eight pounds and the Defendant four pounds The Plaintiff in Chancery spent Twenty pounds and the Defendant Twenty Marks Lay all this together and in conclusion the Debtor hath spent 24 l. and paid 11 l. 6 s. 8 d. and the Creditor hath spent 21 l. 6 s. 8 d. and received for his Debt and Costs 11 l. 6 s. 8 d. So the Creditor loseth his Debt and Ten pounds out of his purse and the Debtor hath spent and paid 35 l. 6 s. 8 d. where the first Debt was but Ten pounds and the Remainder was but thirty shillings O famous Law and Equity I could shew many of these Cases And indeed this hath been the common practice with most Judges to send men to Equity and they ought to do so whilest the Law stands as it doth Now apply this to the Rule and Argument above-mentioned The Law could not relieve the Debtor but Equity doth relieve him Which of these two hath done him Right The Law did him none for if it had done him Right then the Chancery ought not to have done the contrary which it hath done for to charge a man and to discharge him are clean contrary And the Chancery hath not relieved him for in effect he hath paid and spent more then treble the principal Debt and Interest So upon the point he is relieved no-where And yet every man will say He is no just man who refuseth to deliver up a Bond when it 's fully paid How doth this Law put all together give every man Right and if it do not then is it an unjust Law I do confidently affirm That no Nation professing the Gospel ought to have or maintain any Law so severe or rigid that it needs any Court of Equity to moderate it If it were needful or convenient in any case to have relief in Equity it must needs be in case of Life and Death which is a business of higher Concernment then a little Money and more favoured in Law But no man ever heard of a Bill preferred into any Court of Equity to save one from the Gallows and therefore it is to be presumed there is no need of any such Court if the Law were Just and Equal But because it may be every man will not be satisfied that in the Case above-mentioned there was a direct Repugnancy in the Judgements of these two Courts because The Chancery did give relief in Tanto though not in Toto I 'll onely put one short Case more to put the matter out of question A man indebted upon a single Bill payes the Money upon the day in the Bill appointed and hath Witness of the payment but the Bill cannot be found This Bill comes after to be put in Suit the Defendant cannot be admitted to plead payment at the day nor hath he any other Plea sufficient in Law to discharge himself nor can be relieved at Law unless he have a Release although he prove the Debt paid but Judgement must needs pass against him either by Default or Confession or upon a Verdict after Issue joyned upon some false Plea which the Defendant thinks most easie and after which he shall have most colour of Equity Well Judgement is passed and the Defendant must expect Execution without relief at Law But for fear of the worst the Defendant hath before Judgement his Bill preferred into the Chancery to which the Defendant Plaintiff at Law answereth and the Cause comes to hearing where it appears the Debt to be paid thereupon the Court decrees the Bill to be delivered up Here is a just Contradiction and diametrical Opposition The Law condemns the Debtor or at least will not relieve him and the Chancery doth discharge him of the debt and so relieves him Upon this consideration some honest Judges of late dayes have used in some Cases to order the Plaintiff upon the Defendants payment of the principal Debt with Interest and Costs or what shall appear to be unpaid to deliver up the Specialty and discontinue the Suit or stay the same This is a short and equal way which is Justice and no more to give every one his Right according to that of the wise Heathen (n) Plutarch in Laco Apoph Stob. ser 7. Ex Agesil Nihil praeter aequum faciendum esse c. Justitiam semper oportet esse Clementiam temperatam Yet this is contrary to the Law and no Record is made of any such Judgement But other Judges have usually said in such Cases The Defendant must seek relief in Equity they must do Justice that is shew Extremity These two Courts can no more consist with Justice then two Weights or Measures of different bigness or length I use this familiar Comparison because it pleaseth the Holy Ghost to make use thereof to this very purpose Prov. 20.10 Prov. 20.10 Diverse weights and diverse measures are both alike abomination to the Lord. These words Diverse weights and diverse measures (o) D. J. Burgis in hunc loc word for word out of the Original are a stone and a stone that is different Weights and Measures of several sizes one bigger another less and this is expounded by that in Deut. 25.13 14. Deut. 25.13 14. Thou shalt not have in thy bagge diverse Weights a great and a small Thou shalt not have in thy house diverse Measures a great and a small These words by a Synecdoche speciei Note The difference between L. Chancellor Egerton and L. Chief Justice Coke about the Power of the Chancery after a Judgement at Law Wilson Hist Great Britain pag. 95. Bodinus the learned Civilian observes That Contention between great Magistrates or Courts about their Power or Jurisdiction is always hurtful to the poor Subjects Bodin Repub. l. 3. c. 6. p. 356. forbid all unjust and unequal dealing and commerce amongst men and all Injustice and Iniquity and the instruments tools and means thereof and implicitely the same Law commands all Justice and Equity and directly forbids two Courts having contrary Powers and Jurisdictions and executing things Repugnant and contrary one to another If the one proceed justly the other must needs be unjust Neither do the Scriptures any-where mention Justice and Equity as two several things to be distributed in one Case as if that might be done by the one which might not be done by the other nor that ever any good Judges gave any such Judgments but rather when they are said to do Justice it 's intended That they did justly and equally It 's true that the (p) Exod. 21.1 Judicial Laws are called Judgements and the execution of the Moral Law is called Justice And so (q) 2 Sam. 8.15 David is said to execute Judgement and Justice that is to judge justly and righteously both in respect

Bishops could do or procure without the help of the Judges 1 Cor. 8.12 Joh. 16.2 3. 1 Pet. 2.19 Jer. 38.6 51. The Law concerning Heriot-Service where Heriots multiply insomuch that if a Tenement be divided into twenty parts he that hath but a Foot of Land shall pay a Heriot (f) Kitch f. 134 44 Ed. 3. Fitz. 1 Custom Corley Com' Wai ' Case between L. Brook and Sewal Cowel Inst l. 2. Ti. 3. S. 31. p. 129. that is his best good or beast or the second as the Custom is The Lord doth usually till on the Tenants and takes 5 s. or 10 s. for a Heriot where a man pays Five or Six but if the Tenant cross the Lord he can take the utmost according to the Rule above-said This is a great Oppression Isa 33.15 Exod. 1.13 14. Levit. 25.46 (g) Bodin Rep. l. 2. p. 202 This Tenure was first created and payable by Souldiers who had Lands given them by the Conquerours in England and many other Countries long since and is worthy to be abrogated 52. That great (h) 25 H. 8. c. 22. Cock Engl. Law p. 4. Jun. Brut. vind p. 49. Laws Geneva p. 12. Claiming Offices by Descent is condemned and rejected by the French and several Decrees made against it In the Records of that Court one solemn Decree appears Anno 1272. Bod. Rep. l. 3. c. 5. p. 331. The Israelites before they had a King in time of Warre chose them a Chi●ftain such a one as God had stirred up to save them and to him they gave Regal power Idem l. 3. c. 7. p. 363. Offices of Rule and Trust requiring great abilities and especiall graces for the execution thereof should be Hereditary or by Succession seems to be against the current of Scripture Moses sons ruled not but Joshua succeeded for that such as have been special Instruments to save or deliver the people as Moses Joshua some of the Judges David and others were especially designed of Almighty God for Government and others were appointed and elected by the People who were to be such as are described Exod. 18.21 Psal 89.20 1 Sam. 10.12 13 21 24. 1 King 19.15 16. Deut. 17.15 It 's said of Augustus Caesar That he never commended his sons to the People for Government but with this Clause added thereto If they shall deserve Suet. Tranq in vita August Caesar Grot. Pol. Max. part 1. cap. 3. pag. 20. Godw. M. A. lib. 5. cap. 5. Willet Hexa in Exod. 18.21 22. Qu. 21. Hos 1.11 (i) Idem l. 4. c. 1. p. 412. Hank Right dom l 2 c. 6. p. 37. This Succession is judged to be the cause why there are so few good Rulers and Magistrates 53. Tryal by a Jury is no Scripture-way and as now things are generally practised As a man is friended his Cause is ended In ordinary Cases the Jurors are of the meanest of Free-holders both in Understanding Credit and Estate and for the most part such as will give the Bayliffs nothing to excuse them Anciently they were to have (k) 8 H. 6. c. 9. 1 H. 8. c. 8. 23 H. 8. c. 13. 35 H. 8. c. 6. 40 s. per an of Free-hold afterwards that 40 s. was raised to (l) 27 Eliz. c. 6 Four pounds yearly Now in cases of Titles and other business of any considerable importance the Jurors are privately dealt withal and although no more can be proved but that (m) Cock Eng. Law p. 45. such a man desired them to appear and do their conscience which is justifiable yet many times the Jury know the matter in question beforehand sufficiently and one side or other is confident of the Jury if such and such leading men appear and they know who will give them the best reward or are like to prove their best friends If the Judges were such as the Scripture holds forth That they should be able men men of truth fearing God and hating Covetousness there were no need of such poor-con●ition'd fellows as many times they are to be Judges as these are in all matters of Fact between Cause and Cause which I take to be an offence against God Cock Essay p. 138. the Jurors wanting the qualifications of Judges that the Judges and those which ought to be Judges delegate their power to others and do not judge all Causes themselves (n) Plow Com. f. 231 a. Anciently there were a Jury of Judges in the Upper Bench and Common Pleas that is Six in each Court who used to meet together to declare the Law It is the pride of man to judge onely matters of (o) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 1. f. 58 a b. 9 H. 6. 38. 14 Eliz. 410. Law and to let matters of Fact to be tryed that is judged by the Jury who may also try the matter of Law if they will The Jews had a righteous Law from GOD which was That the Nasi or as the Grecians call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prince or King for so Moses was called should judge all (p) Augustus and Tiberius did observe this Course Hawk Right of Dominion pag. 55. Ex. Bodin Sueto Tranq the hard causes and the Judges should judge the rest without any Juries The Jews had the great Court of the seventy Judges or Sanhedrim (q) This fulfilled that prophesie Gen. 49.10 Godw. W. A. L. cap. 1. pag. 4. lib. 5. cap. 5. p. 213. Num. 11.16 continued from Moses until Christs time when they were put down by Herod the Askalonite they had also two other Courts for tryal of smaller matters the Sanhedrim although they usually sat at Jerusalem Yet many times they divided themselves and did sit in five several places for the ease of the people although all the Land of Canaan which the Jews had on this side Jordan was not above 100 miles in length and 36 miles in bredth The next (r) Godw. M. A. L. 5. c. 4. pag. 210. 111. 212. Court consisted of 23 Judges which sate in the Gates of the several Cities every City having such a Court. The third Court consisted of three Judges which judged the smaller matters in every Village (ſ) Godw. An. Rom. lib. 3. Sect. 4. cap. 20. The Graecians and Romans had their proceedings in causes criminal and civil and personal much like unto the Jews and in case of life and death the whole Court of Judges sate who were more in number then the Jews Sanhedrim and the Judges (t) Rous Att. Ant. pag. 110 112 118 125 126. were sworne where there was a Law to Judge according to that Law and where there was none to Judge according to equity and conscience The Chief Justice or President amongst the Graecians was called Basileus in Imitation of Moses who was the first chief of the Sanhedrim And if the heathen by the light of nature thought good to receive these laudable Customes and Laws from the people of God why

a great abatement in the Countrey of what is spent and paid in London 7. The last thing which shall be mentioned touching this matter and which is most suitable to the propounded end of the discourse in hand is that this carrying of all causes to Westminster makes in a manner all the Courts of Record in all other Cities Towns Corporate with the County Courts Hundred Courts and the Courts of the Mannours and all other Court Barons to be disused and in a manner destroyed to the prejudice both of Lords and Tenants who are much impoverished with Suites at Westminster upon every trivial occasion and in the mean while there is much disorder at home for want of Courts to redresse petty wrongs and so to keep and preserve quietnesse 8. These things are enumerated as evils occasioned by the general Residence of the Laws at Westminster without reference to the particular Courts now something shall be spoken of in relation to the several Courts which are necessitously oppressive to the Suiters in regard of the multitudes of Suites The chief grievance in this kinde is the crowding of all causes of Equity into Court of Chancery except a very few in some cases in the Exchequer in which Court there have been said to be ten thousand causes entred into the six Clarks books some of which are seven eight or ten years old and without doubt there are as many more upon Sub-poena's and Bills not fil'd of all these there cannot be lesse than one thousand alwayes ready for hearing besides such as stand to be heard upon Reviews Pleas Demurrers Exceptions and Reports And in one Term there is not time usually to determine one third part of them besides hearing of motions which necessarily arise in most cases the rest being put ●ff insomuch that many times you shall finde above twenty cau●s in the paper for one day whereas within thirty years last past ere were usually appointed not above four or five causes to be ●eard every day in Court and not many more at the Rolles But since the abolishing and disuse of the Court of Wards Court of Requests high Commission Star-Chamber Ecclesiastical Courts as they were called Queens Court and Dutchy Court every of which as might be easily shewed especially the Court of Requests poured something into this Ocean the Chancery the same is grown so full that it 's impossible that the causes there should be dispatched without an excessive charge and long attendance (i) Cooke English Law pag. 45 46. And this Court as it now stands is the next great oppression of the Nation and tends chiefly to the inriching some few Officers and Practicers and the impoverishing of the Common-wealth where in most causes unlesse they be agreed by Compromise the remedy is worse than the disease 9. The next thing to which I take exception occasioned by the general practice of the Laws at Westminster which may be accounted a grievance is That almost all the Suites in Law of the whole Nation are brought in the Courts of the Upper Bench and Common-Pleas which are more tedious and chargeable than they need to be for whereas a man arraigned for his life hath but a day nay it may be but an hours warning to make his defence onely he knows before hand when the Goal-delivery will be here regularly a man cannot begin and end his Suit be it never so trivial under three Terms unlesse the Defendant will confesse the Action especially in the upper Bench where after the Arrest or appearance which sometinies is hard to get done the first Term the Plaintiff declares and the Defendant imparles the second Term the Defendant pleads to issue and the Plaintiffe carries down the cause to tryal to the Assizes where if the cause be tryed Judgement is given thereupon in the next Term following and this takes up about (k) At new England the Defendant hath warning a covenient time before the Causse be heard and most Causes are ended upon the hearing at the same Court. Lechfords News pag. 29. seven moneths time but if the Defendant be wilfull and liberal he may keep the Plaintiffe in Suit a far longer Term whereas in some Courts of Record in the Countrey such a cause may be ended in six weeks and might be done in half the time if the Law were amended and made like the proceedings in Wales which are better and shorter than at Westminster 10. To these may be added as an evil growing out of the general Execution of the Laws at Westminster the greatnesse of Offices both in respect of work and revenue which for the most part are executed by Clarks and Deputies and nothing done by the Master of the Office but onely to take the Accounts and receive the Fees at the end of the Term allowing little or nothing to such as do the work but what comes by sharking the late-born Miscreant called Expedition and indeed the great Officer who stands like an Andiron in a great Room onely to make a shew sets the Clarks to all the labour and to abide the heat of the businesse And this must needs be so for these Officers formerly used to pay seven years purchase for their Offices Is it not a shame that one man should pay for an Office first and lust forty thousand pounds as it 's generally said one paid for the Upper Bench Office That a Prothonotor of the Common-Pleas should pay nine thousand pounds for his Office That a six Clark in Chancery should pay seven thousand pounds for his Office And not Aphilozers The Romans used not to s●ll Offices the Q●●sto●ship was granted according to the worth of the Suiters unt●ll by Dolabella's advice it was put to Salt which is blamed by the Heathen Historian as a fault Tacit. Annal. lib. 11. cap 7. pag 148. The Senators were chosen by voices and if they proved infamous they gave up their places to save their Credits Idem l. 11. c. 8. p. 150. Exigenters Clark of the Warrants Essoines Curciters or hardly any other Office to the very Cryer and Bag-bearer but all exposed to Sale in this last Age and many times sold to such as were onely fit to be entertained because they gave the most money for them And then as a necessary consequence he that bought dear must sell dear insomuch that I have heard it credibly reported that a Souldier becoming a Courtier was by King James made a Master of the Chancery the man I knew well this Master being taxed that he expected too much money in some businesses before him in an angry manner said that the King promised him that the place should be worth five hundred pounds by the year to him and he would make it so if he could (l) Alexander Severus at his coming to the Empire after that pro●use beast Heliogacalus although he found th● State much in debt refused to make Sale of any Offi●e saying Non Pa●i●r mercatores Potestatum and

Scope of the story which was to shew that Naaman by the Miracle of healing with the word applied by the Prophet was converted from Paganisme to vvorship the true God and the same well suits with the Prophets answer to Naamans Petition go in peace (h) Calvin Institut l. 3. cap. 2. f. 32. Calvin considers Naaman as a new Convert and one that had some knowledge of Christ The common reading makes Naaman a grosse Hypocrite praying to be dispenced with in his beloved sin and it seems to charge the Prophet with unfaithfulnesse in not reproving Naaman for this reservation which could not have stood with true repentance but rather incouraging him Saying go in peace which inconveniences are all taken away by rendring the words in the sence of the Preterperfect tence That in Judges 11. concerning Jephthah his vow Judges 11.30.39.40 and concerning his daughter The last Translation seems to countenance such horrible Murder as was committed by the Heathen Gentiles and sometimes by the Idolatrous Israelites in sacrificing their Children to Devils The word in the last verse Translated lament the daughter of Jephthah being rendred according to the Marginal reading To confer or talk with the daughter of Jephthah sufficiently clears the matter Piscator on the Place And lets us know that she was not murdered or offered for a burnt-offering But that she was redeemed as God had appointed in the (i) Lev. 27.2 3. Num. 18.15 Exod. 34.20 Law but was dedicated to be a servant in the house of God as Samuel was This reading agrees with that vers 38. she bewayled her Virginity not her death This Act of Jephthah is judged to be an Act of his faith for which he is commended Heb. 11.32 If he had murdered his daughter he would have been reproved for it which he is not Therefore we must conceive that Jephthah's vow was Conditonal Vers 31. that if that which had met him coming out of the doors of his house had been a thing which might have been offered for a Dog or a Swine might have met him which might not be offered in Sacrifice he would have offered it to the Lord If otherwise it were a thing not to be offered and might be redeemed he would redeem it and offer something in lieu thereof As Abraham did the Lambe instead of his Son There are divers things in the New Testament which ought to be cleared in point of Translation That Acts 14.23 Acts 14.23 Translated when they had ordained them Elders in every Church The Text being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is (k) Pasor Lex pag. 609. A. Quun que ipsis per suffragia creassent Presbyteros 2 Corint 8.19 truely read they Created them Elders by suffrages which in the Geneva Translation is rendred they ordained them Elders by Election But this word Election signified by extending or lifting up the hands of the people the late Translators Holyoke Belcanqual and their fellows being Episcopal men made shift to thrust out of the Text That they might preserve the Bishops power of ordination as our Presbyters do now who tell us that the Church Math. 18.17 is but the Presbytery or representative Church which exposition is justified by no Scripture for the word Church is either taken for the (l) Acts 15.3 4 22 23. and 13.1 Members without the Officers called brethren or else for the Officers and Members together That in Phil. 1.21 Phil. 1.21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The new Translation reads Grammatically out of the Vulgar Latine For to me to live is Christ to dye is gain which is perfect non-sence The two infinitive Moods without wronging the Text may be either translated substantively or as participles and then the sence is for Christ is to me in life and death or living and dying gain or advantage which is according to the Geneva Translation and suits with the sence of the fore-going verse Christ shall be magnified in my body whether it be by life or by death For these and many other causes which might be shewed it were fit a more perfect Translation of the holy Scriptures were had and published 3 In the next place I set it down as a sinfull defect that there is no Law against swearing by Creatures as the Sun Light Jerem. 5.7 Perk. on the Decal Com. 3. vol. 1. pag. 42. col 2. the Bread the Drink the Money and such like which Oathes are very common amongst the prophane and ignorant multitude and are as bad if not worse than prophane swearing by the holy name of God Math. 5.34 35. Exod. 23.13 Isa 65.16 Amos 8.14 4. The like may be said of swearing by Idols as the Crosse the Masse the Rood or by Saints as Saint Mary by our Lady That place Matth. 23.22 Condemneth such swearing Perk. on the Decal Com. 3. vol. 1. pag. 42. col 2. by Imaginary Saints as Saint George by Faith and Troth c. the like may be said of wicked cursing against our selves or others as Pox Plague the Devil rot thee and the like c. these are all unlawfull yet we have no Law against them their unlawfulnes appears by these Scriptures Ier. 4.2 and 5.7 Psal 109.17 and Psal 115 8. Deut. 6.13 Willet Hex in Exod. chap. 20. pag. 347. 5. The use of Lots in sport is a sinfull thing and no Law against it as (m) The use of Cardes dice and the very Sale of them are prohibited by the Lawes of Geneva Lawes Geneva pag. 30. 36. Carding Dicing Playing at such Games as wherein is no use or exercise of skill or memory but meer chance as it 's called these are a sporting with the Divine providence of God which is not to be meddled with but with great reverence and Lots are to be used onely in weighty matters for that therein Almighty God is immediately appealed unto as Judge and determiner of the controversie So they may be used in chusing of Officers or Governours where God hath not declared his will or in division of inheritances and such like The use of these Lots in other cases is unwarrantable Prov. 16.16.33 Levit. 16.9 Perkins on the third commandment vol. 1. pag. 43. Acts 13.19 6. The like may be said of Gaming and playing for great sums of money the same is a horrible sin and the cause of many other sins there is unlawfull getting and unlawfull spending with unnecessary expence of precious time every Lawfull means of getting is sanctified by the word of God and prayer Gaming for money is not sanctified by the word of God and prayer Ergo Gaming for money is no Lawfull means of getting The Major of this Proposition is the Scripture it self all things i. e. all Lawfull things are sanctified by the word of God and prayer the Minor is undeniable there being no word of God to vvarrant such a course of getting and what man upon any ground of Scripture or word of faith can or dare

there are no wise men appointed to take up controversies to prevent Suites before men begin to destroy and undo one another By the rules of Scripture we should seek peace and pursue it reconcile our selves to our adversaries much more to our brethren the contrary practice of many men in these dayes who when they are offered satisfaction for debts forgotton or unknown or unvoluntary trespasses after the Suit began if they would declare what they demand will be ready to answer Weemse Expo Iudit laws Exer. 43. p. 166. you shall know my demand when you see my Declaration is (a) And Weemse Exp. M. L. Com. 3. Exer. 8. de Jur. Mic into p. 172 173. worse than God would have his people deal with the Canaanites to whom they are commanded to offer peace (b) Godw. Att. Ant. l. 3. c. 3. Sect. 4. The Grecians Drachma was 1. s. ob the Romans 7. s. ob Tac. Explicat Polib p. 224. Now the Grecians at Athens had certain Citizens who where designed to compromit differences and to take up matters in controversie and there was no cause came into any Court exceeding the value of ten Drachmes which had not first past these mens hands (c) Godw. Rom. Ant. l. 3. sect 1. c. 9. and the Romanes had an Officer whose Office was to over-see mens demands and to allow of their Bills as is now used and practised at Venice that men might not by exactions devour and eat upon another or bring themselves into Suites and trouble without cause (d) Law should be the last refuge and used as Phisicians use desperate Medicines in case of necessitie Perk. vol. 1 pag. 66. on the 8. Com. col 1. the rules for ordering this matter are clearly set down in holy Scripture 1 Cor. 6.5 6. Math. 5.25 Deut. 20.10 Numb 21.22 15. There is no considerable Law against a rebellious son a son of Belial or (f) Willet Hexa in Exo. 21.15 Moral Obser Gouge on the 6. Ephes Treat 5. pag. 251. Col. 2. Tit. 1.6 without Yoke who despiseth curseth or revileth his Parents and will live in no order or calling such a one can hardly by the Law be bound to his good behaviour because it is not a publick offence but besides that we have no Law to punish him whereas such a one should be put to death Levit. 20.9 Mar. 7.10 Prov. 15.20 Exo. 21.17 1 Pet. 1.14 Deut. 21.20 21. Disobedient Children are reckoned amongst the worst of sinners and wicked men 2 Tim. 3.2 Cowel Instit l. 1. tit 10. sect 3 p. 43. 16. Neither is there any Law against (g) The Heathen observed this to have consent of Parents in Ma●riages Shechem Gen. 34.3 Marriage without Parents consent nor against Marriage of young Children unlesse the parties be Heirs or Inheritrixes nor against (h) Calvin Inst l. 4. c. 19. s●ct 37. Gouge on Ephes 6. Treat 5. p. 254. Col 2. and p. 252. Col. 2. and 255. Col. 1. Erasm Collo de Matrimo chusing callings without Parents consent which things being meerly civil ought to be provided for by the Civil Magistrate to the end that Parents may not lose their Authority in their own houses Gen. 27.46 Hest. 1.22 1 Sam. 16.11 19. 1 Sam. 17.17 Jer. 35.6 7. Deut. 7.3 The learned have determined that Marriage without or against Parents consent unlesse it be for exceeding weighty reasons to be of no force 17. There is no Law against Marriage with * 2 Corint 6.14 Gouge on Ephes 6. Treat 2. p. 112. col 1. Chrisost M. 1 Corint 7. hom 19. Idiota à nativitate non recipitur vel ad agendum vel ad defendendum in aliqua causa per custodem vel proximum propinquum sed sequentur quod ipse semper praesens sit in propria persona Cowel Instit l. 1. tit 23. sect 6. p. 74. By this Law more is required of an Idoit or Fool than of a wise man and so the Law is fit for none but Fools Consuet Norm Tit. de furiousis 14.17 Infidels or Idolaters which is against the Law of God the old vvorld are taxed for it and the off-spring of these Marriages were these Gyants and Monsters of men who filled the vvorld with oppression and violence and were an especial procuring cause of the general deluge Gen. 6.1 Mal. 2.11 Ezra 9.14 1 Kings 11.1 2. 18. There is no considerable Law nor certain rule for ordering the Estates of Lunaticks Mad-men and Idiots the late disposing of them by the Court of Wards was a costly way somewhat uncertain inconvenient because the Committees of such men being not known to the Court did many times oppresse and abuse such as were committed to them and rather endeavoured to keep them mad and foolish that they might have their Estates than to take any care to cure them there was an ancient Law found and recorded among the i Normans Laws for ordering the Estates of such as they termed furiosi or Mad-men but it is out of use There ought to be some certain rules and directions given to godly men to supply this defect and it were best if it were so done in every County Cook Essay pag. 170. the Supream Magistrate is as the father of the Common-wealth and therefore to care for all the Members thereof Isa 49.23 Homer call's Agamemnon † David was the Pastor or Feeder of Gods people and he did it skilfully and carefully Psal 78.71 72. The King of England called Sponsus Regni Cook Hawk R. Dominion p. 102. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Pastor of the people Abimel●ch is Pater Meus The Roman Emperours Patres Patriae Seneca calls Kings Tutores status Publici The Graecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quod sint Balis Populus These names shew the duty of the Supream Magistrate 19. Amongst the ranges of Mad-men and Idiots I presume to place notorious unthrifts as (k) Godw. Ant. Rom l. 3. sect 4. c 24. Erasmus Colloq 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 383. Equis sive ●q●o the Romans did of which there are many in this age such Knights Esquires of whom Erasmus speaks to one scoffingly Nisis bonus Aleator probus Chartarius Scortator improbus Potator strenuus Profusor audax Decoctor Conflator aeris alieni Scabiae Galico denique ornatus vix quisquam te credet equitem such mens Estates ought to be (l) Prodigals estates are by Authoritie of Justice to be committed to suffer their estates to be ordered and disposed of by others Jun. Brut. vind contra Tyrann p 88. The Romans punished such Revelling calling them Conventicles Tit. Liv. l. 39. Augustus Caesar was a pattern of sobrietie and temperance Sueton. in August Perk. on the Decal Com. 7. vol. 1. p. 61. col 2. committed to wiser men to be preserved for posterity to the end their vvives children may be provided for and that such as cannot tell how to govern themselves may

together yet sometimes it cometh to passe that they slash cut and wound one another in a fearfull manner this is a wicked custome taken from the Heathen and against Gods Law and some Law ought to be provided against it Some of the (t) Godw. Ant. Rom. l. 2. sect 3. c. 10. p. 9● 99 100. Heathen have restrained this wickednesse and (v) Sympson Chu Historie Life of Constantine p. 61. Constantine the first Christian Emperour utterly put down and prohibited the same It was Abner the General of that wicked rebellious Absolom who first set up this cruelty under the pretence of play or sport 2 Sam. 2.14.16 26. There is no Law against Idolatrous Pictures and Images of which the Picture of Christ as is pretended is the most common this and such like Pictures are unlawfull as being teachers of lyes Willet in Exod. 20. 2 Com contr Ex Uysino Vrsinus condemnes them upon this ground because Christ being both God and man the Image must needs be a lying Image because it cannot represent the God head whom no man hath seen nor can see 1 Iohn 4.12 Deut. 4.15 Li. Assisse 19. pl. 2. 32. H. 8. cap. 38. 2 Ed. 6. 23. 27. Neither is there any course setled about divorce which is to be done by the Magistrate nor is it declared for what cause there may be a divorce at the common-Common-Law there were many ridiculous causes of divorce which were taken away by the Statute of 32. H. 8. formerly spoken of (w) Cook Comm. Littleton Li. 3. Sect. 380. p. 235. Cook l. 6. fol. 66. and li. 5. fo● 98. b. and divers unjust causes of divorce yet remains since that Statute The power of divorce was then left in the Bishops and their Courts (x) Wison Histor Britan. pag. 68 69. Adultery by our Law doth not dissolve Ma●iage A vinculo Ma●rimonii but only à Mensa Thoro. but these de causa 1. Praecontractus 2. Metus 3. Impotentiae sive frigiditatis 4. Affinitatis seu consanguinitatis are still causes of divorce and dissolve the v●ry bond of Mariage Cook Ut sup Junius in Deutr. 24.1 3. Matth. 19.9 Amesius l. 5. de conscientia cap. 38. fol. 371. The baudy Bishops allowed causam frigiditatis to be a sufficient cause of divorce in the case of the Noble Earle of Essex and declared his Marriage a nullity upon that ground There ought to be some other settlement that place seeming to give liberty for divorces Deut. 24.1 2 3. is not to be read positively let him give her a Bill of divorce but hypothetically If he give her a Bill of divorce that is cleared by our Lord Christ Math. 5.32 Luke 16.18 28. That there is no Law against lying except it be for telling false news of Counsellours of State and great men Insomuch that I have known when a fellow hath been the onely material witnesse in a cause and by his means the Suite hath been prosecuted having affirmed he would testifie thus and thus when the cause came to Tryal this witnesse swears the clean contrary (y) The Law of the Romans called Talio that such a witnesse should pay what the Plaintiff by means of his falshood is adjuged to pay might justly be inflicted upon su●h a witnesse and the same is agreeable to the Law of God Exod. 21.24 Lev. 24.20 Bodin Republ. l. 40. p. 470. and being asked at the Bar if he did not say such and such words contrary to that he swears he hath impudently answered or the Counsel hath answered for him that he did formerly but discourse with the party to please him because he was earnest with him but now he is upon his Oath he must and doth speak the truth And yet no punishment was ever inflicted upon such a knave for his lies Levit. 19.16 Prov. 18.21 Iam. 3.8 Raising of lyes and false rumours are prohibited by the Laws of Geneva pag. 32 37. 29. There wants a Law to suppr●sse the Rudiments of unlawfull (z) Perkins 1. vol. com p 43. Deut. 13.1 3. a●d 18.10.11 Magick and (a) Tit. Livius l. 8. pag. 294. and lib. 39. p. 1033. C. Wizards and fortune tellers sev●rall times banished by the Romans and th●ir bookes burned se● the place last above mentioned Tac. Annal. l. 2. c. 8. p. 43. and H●st Tac. lib. 1. c. 4. p. 16. observation of Heathenish customes and for surppressing of books of Magick Conjuring Judicial Astrology and many other Devilish Arts and usages now very common in England which prepare men for consultation with the Devil and bring them within the compasse of Wich-craft before they be aware I could name many of these Tricks and Devices and tell the Authors who discover them some to good ends and some to bad ends that I suppose they are too well known already and it were well such things were wholly concealed and the books burned as the same kinde were by the converts Acts 19.19 Although they were prized at 50000. pieces of silver which is of our money at least eight hundred pounds and surely they would never have been burned if they had been of any use or might have been lawfully kept It sufficeth to know that they are against the Law of God and invented by the Devil and his Agents to drive a man from belief of Moses and the Prophets and to turn men from God Now Astrology Judicial is in great credit almost as much as it was amongst the Heathen Babylonians Graecians and Romans but in many things hath neither (b) The Heat●en Romans had then good dayes and dismall dayes as the Astrologers have without any ground or reason at all two of the most famous dayes were the 16. and 18. of July Tit. Liv. l. 6. p. 217. A. B. foundation in nature or reason much lesse in the Law of God but these Astrologers judgements are meer conjectures grounded upon the opinions and sayings of Sorcerers Conjurers and other men like themselves the whole Judicial part of Astrology being condemned by the Learned as the (c) K. Ja. Daemonol l. 1. c. 4. p. 13 14. Perkins ut sup p. 44. Furius Scribonianus was banished for consulting which wizards and Calculators of Nativities Tac. Annal. l. 12. cap. 11. pag. 171. Root of many Devilish Arts and hath been prohibited by some of the (d) Sueton Trang in vita Augusti Caesaris Sect. 31. Idem in vita Tiberii Sect. 56. in vita Auli Vitelii Sect. 14. Heathen Roman Emperours and their books likewise burned and Astrologers And these Astrologers are reckoned with the Southsayers and Conjurers in the holy Scripture Dan. 2.2 Jer. 10.2 Isa 8.19 20. 1 Jam. 4.14 (e) Wall on 1 Corint 2.2 Ex. Pico Mirand The Astrologers attribute those things to the Stars which belongs to God alone To Conjecture of mens fortunes ends vertues vices c. by the Stars is impious and who seeth not but that these deceivers are ignorant of what shall befall themselves

2.42.44.46 Josh 9.14.15.18 Psal 15.4 Eccles 8.2 Heb. 6.16 33. Such as curse or abuse the Chief Magistrate or Judges are to be severely punished Exo. 22.28 1 Kings 2.44.46 2 Sam. 16.5.6.7 Acts 23.5 34. That tale-bearers contentious persons and breakers of the publick peace are to be suppressed 1 Tim. 2.2.3 Cant. 2.15 Prov. 26.20 Hab. 1.3 Levit. 19 16. 35. That no man is to be his own Judge or Avenger and therefore all such as enter forcibly or take mens possessions from them without their consent to be punished and the oppressed relieved 1 Kings 21.19 Mich. 2.2 Rom. 12.19 36. That excesse of riot in feasting and drunkennesse ought to be punished and restrained Hos 7.5 1 Tim. 1.9 Dan. 5.1.5.30 1 Sam. 25 36.37 Isai 22.13.14 37. All Estates of inheritance are to be Estates in Fee-simple and no Intails upon the Heirs Males Numb 27.7.8 1 Tim. 5.8 Gen. 23 11.17.20 38. All Estates with the Owners Pedegree are to be Inrolled in some convenient known place for avoiding strife and contention Jer. 32.11.12 Josh 14.14.15 Josh 15.89.19.20 Ezra 2.62 39. All mens Estates to be disposed of according to their Wills whether by writing or word of mouth Gal. 3.15 Gen. 48.22 Gen. 49.29 and 50.13 Heb. 9.16.17 40. The eldest Son not being guilty of any Notorious offence ought to have a double portion Deut. 21.17 1 Kings 2.15 Gen. 25.33 and 48.22 41. All younger children to have parts of their Parents Estates according to their deserts and as the Estate will bear Gen. 25.6 Luke 15.12 Josh 14.15 and 16.17 42. The Preachers of the Gospel are to have liberal maintenance that they may not be encumbred with the world 1 Cor. 9.7.8.9.11.12.14 Gal. 6.8 Luke 10.7 1 Tim. 5.17.18 43 Schooles of learning are to be maintained and godly learned men to be countenanced and encouraged Acts 19.9 1 Kings 18.4 1 Sam. 19.20 44 Lunaticks Mad-men Idiots and Infants are to be cared for by their friends and overseen by the Magistrates and the Estates of unthrifts to be managed and preserved by others for their Wives and Children Isa 49.23 Psal 78.71 72. 1 Tim. 5.8 45 That such as run in Debt shall have their estates sold to pay their Debts he that hath nothing to pay not to be imprisoned for Debt 2 Kings 4.7 Exo. 22.26 27. Luke 6.35 and 7.42 Math. 18.25 27 33 34. 46 Every man is to be enforced brought to be up to live in some lawfull calling and he that refuseth to labour not having other sufficient maintenance to be kept to work in some work-house like Bridewell Jonah 1.8 2 Thes 3.10 11. Gen. 3.17 1 Cor. 7.20 47 That all mens Demands and Complaints concerning Estates Debts Duties or Trespasses shall be made in plain Terms as the truth of the Case is Neh. 5.2 3 4 6 12. Numb 27.1 2 3 4 8 9. Acts 24.5 11 12 13. Josh 7.19 48 That the Defendants answer be plain and true without nicety of pleading or obscuring the truth Acts 26.4 5 6 7. Acts 7. the whole Chapter Joshua 7.19 20 21. 49 That all differences and Demands be heard in the prehence of the parties accusing and accused ad Judgemen● given before their faces if the parties be able to appear unlesse they wilfully refuse Acts 23.35 24.8 25.16 1 Kings 21.10 1 Kings 3.17.22.27 50 That no Counsel be retained for any Suters but that the Pleaders be rewarded by the State and be sworn as assistants to the Judges as indifferent men to endeavour to finde out the truth and not to obscure or overthrow it Exo. 23.2 Lam. 3.35 36. Judges 19.30 and Judges 20.7 8. Numb 22.7 17. 2 Pet. 2.15 Acts 24.5 51 That no man be admitted to be a Judge or Justice who takes any Fees or useth any Trade or dealing whereby he may be engaged to any party Exo. 23.8 Pro. 29.4 15.27 Isa 1.23 Deut. 16.19 52 That in taking of Oaths the holy name of God be invocated with lifting up of the hand without kissing the book Genes 14.22 Rev. 10.6 Jer. 4.2 53 That the matter of Clergie be exploded and instead thereof Judgement be given according to the merits of the Cause with reference to the Law of God Exo. 23.3 6 7 Mich. 6.8 Deut. 1.17 54 That the circumstances and equity of every Cause be weighed together with the Justice and matter of fact and Judgement to be given accordingly Isa 59.13.14 15. 2 Sam. 8.15 Josh 7.11 25. 55 That the poor be cared and provided for according to their necessities and such as want houses to be suffered to dwell by their rich Neighbours if they be able to provide for themselves or otherwise to be provided for by the inhabitants where they live Amos 8.4 6. Isa 5.8 Psal 41.1 2. Levit. 25.35 56 That there be a Clark or officer who may constantly attend at every Market and Fair to see that there be no deceit in weights measures or other deceits in Trading or Manufactures Pro. 20.10 Deut. 25.13 14. Amos 8.5 7. Isa 1.17 57 That the Oaths of two or more witnesses may be a sufficient conviction in Law without any Indictment Deut. 17.6 and 19.15 Math. 18.16 2 Cor. 13.1 58 That no by-Laws or Orders be made or suffered in the Common-wealth to the oppression of the younger or poorer sort of Tradesmen and others as is usually done in every Corporation Amos 4.1 2. Isa 10.1 2 3. Zeph. 3.13 59 That all Suits and controversies although popular or Criminal be determined upon hearing witnesses sworn and giving evidence on both parts as well as for the party accused as the Common-wealth and in cases where there are no witnesses that the accused's own voluntary Oath be taken for his discharge Exod. 22.9.10 11. 1 Kings 8.31 Job 29.16 Acts 26.5 Isa 43.9 10. 60 That there be Judicatories and Courts established in every Citie and County where the Judges may sit constantly in open places to hear and determine all controversies Exod. 18.13 25 26. Deut. 21.19 Prov. 31.23 and 25.7 Ruth 4.1 2 9. 61 That before any Cause be entred in any Court or come before the Judges peace be offered by the Plaintiff and that wise-men be appointed to take up controversies 1 Cor. 6.5 6. Math. 5.25 Deut. 20.10 Psal 34.15 62 That he that misprints the holy Scriptures or bindes them up false be punished according to the greatnesse of the offence especially where the Text or translation is falsified or corrupted Exo. 39.43 Gal. 3.15 Deut. 4.2 Rev. 22.18 19. 63 That such as swear by Idols or Creatures or prophanely swear or un-reverently use the holy Name attributes or word of God be severely punished Math. 5.34 35. Jer. 4.2 and 5.7 Exod. 20.7 Amos 8.14 64 That such as use Lots lightly or prophanely in sporting or gaming be punished and also such as game for money or money worth be prohibited and restrained Prov. 16.33 Levit. 16.9 65 That Bull-baiting Bear-baiting Cock-fighting and Hors-races and all other abuses and cruelty towards the

the whole book p. 3. as the punishment of him that touched a dead body Others concerned the Jews Common-wealth in their own Land as that concerning the year of Jubilee c. (i) And in c. 22. qu. 3. Com. 8. p. 492. The rest are Laws of Common Justice and Equity belonging to the Moral Law as Expositions thereof as the punishment of (k) Exod. 21.12 Murther and (l) Lev. 20.10 Adultery c. with death These and many others which shall be touched in their proper places were given to the Jews as men and did not onely binde the Consciences of the Jews but also of the Gentiles And as the Morall Law is (m) Willet in Exod. c. 21. qu. 1. 2. p. 458. principally grounded upon the (n) Bodin de Rep. l. 1. p. 46. Reason and the Law of God should always take place every where not being shut up within the bounds of Palestine Law of Nature so these Judicial Laws called by Moses Judgements flowed from the same Fountain and necessarily declared the punishments for the breach of the Moral Law which are not therein expressed (o) Mat. 15.4 Mark 7.10 comapred with Exod. 21.17 And this use our Lord Jesus makes of the Judicial Laws Now a Judicial Law may be known to be a Law of Common Equity from other Judicial Laws which did onely binde the Jews in the Land of Canaan (p) Perkins 1 Vol Treatise of Conscience p. 320 321. First if wise men of other Nations as well the Jews judged it to be equal and just by Natural Reason and Conscience Secondly if such Law did serve to confirm any of the Ten Precepts of the Decalogue or to uphold any of the three Estates of Men viz. Family Common-wealth or Church and upon this ground is it that Moses the (q) Coke l. 7. fo 12. Calvins case first Reporter and Writer of Laws in his Exhortation to the Jews requireth them to observe (r) Deut. 4.6 7 8. the Statutes and Judgements which he had taught them from God which Judgements are the Judicial Laws And this he tells them should be their wisdome and understanding in the sight of the Nations saying What Nation hath God so nigh unto them and that hath Statutes and Judgements so righteous And for this cause it is that the Godly Learned (ſ) Bodin Rep. l. 1. p. 104. What apparent reason can there be devised for which we ought to break the Laws of God That it may be done in any case the same Author there concludes most absurd and wise Statesmen have judged That for the Civil Magistrate to alter this Law at his pleasure as shall be thought fit for the time or manner of the Countrey is to make himself to be thought to (t) Willet in Exod. gen Observ qu. 4. p. 3. be wiser then God that onely wife (u) James 4.12 Law-giver who can save and destroy (w) 1 Cor. 1.25 The foolishness of God is wiser then men The Heathen Gentiles had a high esteem of Moses for a wise Law-giver Let one speak for many Longinus of whom Moses is named (x) Longinus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pa. Philo Judeus calls Moses A most wise Law-giver Brod. Rep. l. 2. p. 211. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The most Glorious Law-giver of the Jews And although the Heathen were Idolaters and regarded not the First Table of the Decalogue accompting the Divine Worship of God a (y) Acts 25.19 Broughton in Daniel Conclus Suet. Tranq vita Claud. Caesaris sect 16. Tac. Annal. l. 2. c. 19. pag. 61. Barbarous and Mischievous Superstition yet they received those Judicial Laws which were Laws of Common Equity (z) Jer. 29.22 23. Nebuchadnezzar a heathenish Idolater had learned to punish Adultery with Death And (a) Perkin 1 Vol. Treatise of Conscience p. 320. Suet. Tranq in vita Jul. Caesaris sect 48. in vita August Caesaris sect 34. Anotat b. other wise Law-givers of the Heathen Gentiles as some of the Aegyptians Graecians as Draco Numa and Romans as Julius Caesar Augustus c. made Laws to punish (b) Tit. Liv. l. 39. p. 1032 p. 1034. K. l. 33. p. 804. R. 841. B. Murther and Adultery and Sodomy with death according to those Judicial Laws Exod. 21.12 and Deut. 22.22 Levit. 20.13 It may be observed That all Dominions except Impious Machiavel's have confessed That Humane Prudence hath not power sufficient to foresee good and evil so as to prevent the evil and therefore did all Nations fly to God some by a straight others by a crooked way and hence their (c) Grot. Pol. Maxims Par. 2. c. 8. p. 68 69. Cor. in fine Bodin de Rep. l. 1. p. 58. Tit. Livius l. 3. p. 110. H. Laws were pretended to come from God Upon all which I conclude That all the Laws of England ought to have their Foundation upon the Laws of God and yet this is no Judaizing or departing from the Gospel as some have vainly imagined for that it appears clearly (d) Deut. 6.5 6. Exod. 20.2 Luk. 10 27 28 Matth. 22. 37 38 39. Gal. 3.19 That Moses Law was given upon Gospel grounds and that the New Testament especially the Doctrinal part thereof as well as the Prophet's is a plain (e) Mat. 5.21 27 33 38. James 2.11 Heb. 4 2 6 7. Commentary upon Moses and to this purpose it is not improper to apply that of our Saviour (f) Mat. 6.17 18 I came not to destroy the Law but to fulfil it And as to the matter in hand that of the Apostle Paul (g) 1 Tim. 5.9 10 11. to Timothy puts it out of all doubt the Law namely the Moral and Judicial is made for the lawless and disobedient for the ungodly and for sinners for unholy adnd profane for Murtherers of fathers and Murtherer of mothers for man-slayers for Whoremongers and them that defile themselves with Mankinde for Men-stealers for Lyars for Perjured persons and if there be any other thing that is contrary to sound Doctrine according to the glorious Gospel of the blessed God The (h) The Law and the Gospel agree in substance and end differing in circumstance of time place persons dignity and effects The end of the Judicial Law is to teach Natural Equity Ral. Hist l. 2. c. 4 sect 9 10 11. Law was made for the good to guide them and for the evil to correct and punish them And that these Laws were not punctually put in execution under the Gospel in the Primitive times was not because they were not in force against evil-doers but because the Magistrates were Heathens and received them not as the Laws of God although they observed many of the Judicials as before is said Now the chief end and scope of all Laws ought to be Justice and Righteousness (i) Bodin Rep. l. 6. c. 6. p. 755. Justice is the right distribution or division of

from Idolaters that they ought to root out their Idols and all (l) Deut. 12.3 Exod. 23.13 34.13 2 King 18.4 Hos 2.17 Zech. 13.2 their Superstitions from under heaven For that whilest things stand as now they are we cannot expect the comfortable Presence of God so effectual for our good and protection as if they were removed according to that (m) Psa 94.20 of the Holy Ghost by the Prophet Shall the Throne of Iniquity have fellowship with thee which frameth mischief (n) Such Laws as are contrary to the Laws of God and Nature the Prince may abrogate at his pleasure Bodin Rep. l. 1. p. 105. by a Law And if we consider that these Popish Laws coming from Idolaters branded this Nation with the Mark of the Beast which all those Kingdoms and Common-wealths received who were under the Power of Antichrist as this was until King Henry 8. his time who although he cast out the Pope's Supremacy yet retained Popery we may justly fear that without serious Repentance which cannot be testified but by Reformation the Maintainers and Countenancers of these Superstitions (o) Rev. 14.9 10 11. shall taste of the wine of the wrath of God and be tormented with fire and brimstone for ever But our God will save his people from their sins and deliver them from his wrath Howbeit it concerns us to know That although God (p) Acts 17.30 winked at the former times of Ignorance yet now he commandeth all men everywhere to repent and although we have hitherto failed of our expected Reformation and that all the labour and pains taken in order thereunto hath been lost and frustrate because a Patern from Gods Word was not sought for which may be imputed to be the true cause thereof yet at last it may be found that the Moral and Judicial Laws of Moses and other Rules and Consequences from Scripture are a sufficient standing Rule in all cases not onely for Godliness but also for Righteousness Justice and Sobriety according to that of the (q) 2 Tim. 3.16 17. Apostle to Timothy herein before recited And it is to be hoped upon very good grounds That the neerer we come to perfect Reformation the more we shall taste of Justice and Righteousness in the (r) Isa 60.17 execution of holy and just Laws under such Judges and Magistrates as were in the beginning which is to be earnestly prayed for knowing That good Laws are more security to the People then good Magistrates But when Almighty God giveth both together that 's an eminent sign of his special favour (ſ) Isa 1.26 And this is promised to the People of God in the later times and now began to be fulfilled in this Nation in as much as the blessed Gospel of our Lord Jesus Christ and the People of God in the Profession thereof have more freedome and incouragement to Worship God according to his Divine Will then ever England enjoyed in any former Age either before or since the last Reformation But it 's much to be lamented that many who within this Age suffered Persecution under the tyranny of the Bishops and Archbishops upon pretence of breach of these our Laws in not conforming to Order and Discipline They themselves under the same pretence of Order and Church-government as they call it are now as ready to persecute their Brethren whose Consciences are not just of their Size if they could get Power into their hands to execute their Canons and other Popish Injunctions as ever the Bishops were since Queen Maries dayes For although they with the Scots are glad to be rid of the Bishops yet they at least many of them have the Scotch Presbyters Spirit in them (t) Simson Church-Hist in the Life of Anastatius Cent. 6. p. 88. who in his Church History commendeth the People of Antiochia that they were very friendly to their Pastor Flavianus and that they finding a great Number of Monks savouring as he saith of Eutyches Error and having an intent to compel their said Pastor or Bishop to accurse or abjure the Councel of Chalcedon but how their purpose was manifested doth not appeare in the Story The People set upon the Monks as not long after the honest Monks of Bangor were set upon slew a number of them others leaped into the River Orontes where as the Scotch Presbyter faith they found a meet burial for Seditious Monks There is no means under Heaven certain to preserve the People of God from Persecution but the abolishing of all Popish Laws and to Conform our selves to the holy Laws of God And that is the scope of this Treatise CHAP. IV. That Magna Charta and Charta Forestae do not appear to be any Ac●s of Parliament although they be so called That chiefly therein was intended the adva●cement of the Romish Power in a Tyra●nical Gover●ment FIrst it is to be considered That upon the Norman Conquest by Duke William (a) Fox Acts Mon. Vol. 1. pag. 221 222. Ex Henrico Huntingdon l. 6. the bulk of all the Lands in England some few excepted Wales being then a Kingdom of it self were divided to such Noblemen Commanders and Gentlemen as joyned with him in the Conquest the design not being carried on by himself alone but by the forces helps and purses of many others who were to share with the Conqueror therein who besides what he reserved in Demesne he divided the rest to his Friends and Assistants to be holden of him by such Tenures Rents and Services as he thought fit (b) The Romans subdu●d the Britains to be Subjects but not to be Slaves They were willing to pay all Levies of Men and Money if Insolencies were fo●bo●n Tacit. in vita Jul. Agricolae p. 188. as the Romans had done a thousand years before (c) Cambdens Britannia p. 94. Cowels Interp. word Doomsday Lamberts Exposition of Saxon words Jus Dacorum This occasioned the great Survey of England to be taken called Dooms-day-Book wherein were set down all the Lands in England and in whose possession they were Upon this Division the Natives (d) Stow Annal. p. 10. Life of King William the Conqueror Cok English Law p. 24 25. were horribly oppressed and rigorously dealt with insomuch that it was afterwards a (e) Fox Acts Mon. Vol. 1. p. 222. col 2. shame to be accounted an English-man which caused very many to remove into Wales and other Countreys rather then to abide the Tyranny of the Normans and the rest were left to the mercy of the Conqueror and the Strangers who came with him who (f) Stat ' Ebor ' 12. Ed. 2. in Preface Plowd Com. fo 129. B. Fourn Geogr. Orbis Notitia l. 5. part 1. c. 11. pag. 224. thereupon altered or rather abrogated the Laws of England and put upon them the Customs of Normandy written in the French Tongue and for ought appears the Nation had no considerable settlement by Laws until Hen. 3. his time

Inventions in the Worship of God being condemned as Will-Worship and things that are meerly Idolatrous in State serving for nothing but to uphold the Religion of the false Church of Rome and are not to be used by Christians Lev 20.23 Hos 14.8 2 Cor. 6.16 Deut. 12.3 CHAP. VI. That divers of the old Statutes as well su●h ●s are said to be made in Affirmance of the Common Law as o●●●rs Introductory of New Laws co●tain i● them g●●at Oppressions and Wrongs to the People a●● o●ght to be amended (a) Articuli super Chartas 3 Ed. 1. c. 7 31. 28 Ed. 1. c. 2. 10 Ed. 3. c. 1 4. 14 Ed. 3. c. 19. 25 Ed. 3. c. 1 15 21. 34 Ed. 3. c. 2. THe Statutes concerning Purveyance for the Kings Houshold where the Officers might take in a manner what they would at their pleasure This was afterwards changed into Money 36 Edw. 3.2 At the best it was a heavy Oppression to the People The like may be said of all those Laws concerning Villains whereby they were accounted the Goods of the Lord and might be bought and sold cum tota s●quela which is said to comprehend their Wives Children and Posterity And if any Lord pretended a man to be his Villain the Lord might seise him as his Villain although he had his Writ de Libertate probanda depending against the Lord 9 R. 2. 9 R. 2. c. By the Statute of 34 Edw. 3. Chap. 22. He that findes a Hawk and doth not restore the same shall have two years Imprisonment and pay for the Hawk and if he have not wherewith to pay he shall continue longer in Prison (b) 37 Ed. 3. c. 19. And by another Statute He that stealeth a Hawk or detains her being found shall be used as he that steals a Horse And by another Statute He that steals a Hound shall have a years Inprisonment Here a great mans Hawk or Hound is of as great a price as a poor mans Liberty or Life (c) Grotius Pol. Maxims par 2. c. 12. p. 129. A learned Statesman observes That a Common-wealth is often destroyed by such kinde of Laws as are made to the advantage of great ones and the pr●ss●re of the Common People The Statu●e of 13 R. 2. Chap. 1. appoints the price of a Pardon for Murther to a common person 200 Marks This was in part Repealed 16 R. 2. Chap. 6. but the Power to Pardon Murther was left in the Ki●g These are wicked Laws repugnant to the Law of God as shall appear in their proper places In Actions brought for the Kings Debts in others mens Names unto whom they were bounden although the Suits pass for the Defendants the Plaintiffs should pay no Costs 24 H. 8. Chap. 8. Appeals to Rome in cases Testamentary and concerning Matrimony Divorces Tythes Oblations Churches c. which is seems were allowed at the Common Law were a great Oppression See the Statute 24 H. 8. Chap. 12. The like Statute is made 25 H. 8. Chap. 19. whereby Appeals to Rome are prohibited but there is power given to the Clergie as they are called to m●ke Canons which are Laws to binde and insnare mens Consciences which Law being Repealed 1 2 Philip and Mary Chap. 8. was Revived 1 Eliz. 1. By colour whereof a great persecution arose against the Non-conformists which hath continued until these times to the great Oppression of the Godly of the Land And some were put to death and others pined and starved by hard and long Imprisonment by colour of these wicked Laws and Canons The Commissions of Sewers grounded upon the Statute of 23 H. 8. Chap. 6. and 13 Eliz. 9. are over-chargeable and tedious and used as a great Oppression to the People in the County of Lincoln and parts adjacent The Commission grounded upon the Statute of 13 Eliz. Chap. 7. and other subsequent Statutes made against Bankrupts is grown a meer cheat of the People very troublesome and chargeable and concluding nothing but what is questionable again either at Common Law or in Chancery and for the most part whereas the Law intended a division of the Bankrupts Estate to all his Creditors it 's either spent in Suits or upon mercenary Commissioners or concealed to the Bankrupts use The proceedings upon the Commission grounded upon the Statute of the 5 Eliz. 4. concerning Lands Tenements and Moneys given to Pious or Charitable Uses is a circular and expensive way chargeable in Execution expensive in drawing up the Inquisition and Decree and procuring a Writ of Execution of the same in the Petty Bagge and when all this is done upon Exceptions put into the Decree of the Commissioners the Execution thereof is stayed upon a Motion in Chancery and the Parties come then to begin the Suit again putting in Answer to the Except●ons as the Answer to a Bill And thereupon the Parties go again to Examination of Witnesses and a new Hearing in Chancery and either a Confirmation of the former Decree or a Reversal thereof however if the matter be under Three hundred pounds it 's commonly all spent in Suit either for or against the Charitable Uses This is a great Oppression and cannot be avoided whilest things stand as now they are The Statute in the 25 H. 8. 11. appointing a whole years Imprisonment for taking the Eggs of a Wilde-fowl is a hard and severe Law The Statute of Intailing the Crown of England in the Posterity of King Henry 8. may be a cause of great trouble 25 H. 8. Chap. 22. The Statute of 32 H. 8.2 limiting the Prescription of a Writ of Right Assize Cosenage Ayle c. to no less then threescore years and in a Writ of Entry sur Disseisin to fifty years this Statute doth more harm then good That a man's Hand should he struck off for striking in the Kings Palace and the party to have perpetual Imprisonment a severe Law 31 H. 8. 12. That none may Pardon Felony or Murther but the K●ng and that he may pardon Murther is an Impious Law 27 H. 8. Chap. 24. That it should be Treason for a Popish Priest to be found remaining in England giving no offence nor making any disturbance in the Common-wealth is a hard Law 27 Eliz. 2. The Statute concerning Reformation of Disorders in Ministers a Superstitious Law 13 Eliz. 12. Divers Offices exposed to sale by an Act of the 5 and 6 Ed. 6.16 is a cause of Bribery and Extortion Intailed Lands forfeited for Treason seems to be an unjust Law as now things stand because sometimes such Intails were made for valuable considerations when Estates were all Fee-simple it might haply be more just that there should be such Forfeitures The Law concerning Wreck of the Sea which is that if a Ship be cast away and the Goods float to Land and neither Man Woman Dog nor Cat escape alive the Owner shall lose all the Goods This is a wicked and unjust Law The Statute of the 21 Edw. 1. If

a Forester or Warrener finde any Trespasser wandring within his Liberty intending to do damage therein and do fly away after Hue and Cry that is a Noise made after him the Forester or Warrener may kill him that so flies away and he shall suffer nothing This is a wicked Law and against the Royal Law of God (d) 3 Jac. 1. c. The Statute That an Attorney or Sollicitor laying out Moneys for his Clyent or Master shall not demand or recover his Money unless he can produce a Ticket under every man's Hand to whom he paid it which is a thing impossible to be done for that no Lawyer Serjeant Judge or his Servant will give any such Ticket It seems regularly that Statute pleaded is no Bar for a mans Fees for those are due where he layes out no Money if the Attorney take pains nor is it allowed in Bar of the Money laid out if a just Bill be delivered under the Attorneys Hand yet some Judges have allowed this to hinder a man from Recovering a just Debt This Law is a hard Law and ought to be amended (e) 21 Jac. c. The like may be said of the Statute concerning Limitation of Personal Actions which was Ordained to a good end that Debts might not be twice paid but now it 's constantly used by Knaves who owing Debts without Specialty will drill men on until the six years are up and then will impudently plead the Statute although they have never denied the Debt But it may be Witnesses are dead or the Debtor or Creditor dead or out of the Countrey in the time of the late Warres and so no Suit hath been brought within six years This Statute hath undone many Tradesmen in London and elsewhere It were fit this Statute were amended and something put in to help the Creditor where the Debt appears to be due notwithstanding the Suit was not brought within six years next after the cause of Action All these Laws are oppressive to the Subjects And although some of those last-mentioned had some ground of Reason for the promulgation thereof yet we see by experience That those as well as the former mentioned under this Head are grown to be prejudicial to all such whom they concern and are all against those Laws of God which condemn Oppression Ezek. 18.18 Zech. 7.10 Proverbs 14.31 and 22.16 1 Thessal 4.6 Isaiah 33.15 CHAP. VII That several Acts of Parliament made since Magna Charta and having the force of New Laws contain in them many Idolatrous and Superstitious Rights and Customs against the Law of God ALl those Laws which concern Presentations to Churches as they are called taking from the People that Liberty of choice of the Minister which they originally had in the Primitive Times as shall appear in it's proper place and the imposing a Priest or Minister upon them against their wills are Superstitiou● and tend to corrupt the Worship of God and to subvert the Order which Christ hath appointed in his Church of which sort of Laws are 13 R. 2. Chap. 2. and 31 Eliz. 16. The Statutes disallowing Clergie in many cases that is hanging a man because he cannot reade are both Superstitious and cruel Laws 23 Hen. 8. 1. 25 H. 8. 1. All in holy Orders as they are called shall have (a) 4 H. 7. c. 13 4 H. 8. c. 2. Benefit of Clergie but afterwards they and all other men are ousted of Clergie in many cases 28 H. 8. 1. 26 H. 8. 12. 32 H. 8. 3. 4 5 Phil. Mar. 4.2 3 Edw. 6. 20. 33. 5 6 Edw. 6. Chap. 9 10. 18 Eliz. 7. 39 Eliz. 9. But it 's observable That Manslaughter which is the killing of a man wilfully in hot blood for which the Offender ought to die was never ousted of Clergie All these are Superstitious and wicked Laws The Statute of the 25 Hen. 8. 16. authorizing Judges and great men to have Chaplains who may have a Benefice with Cure of Souls and not be resident upon the same implies two great Enormities 1. That some Ministers may have a Benefice or Church-living without Cure or Charge of Souls 2. (b) 28 H. 8. c. 13. That such Ministers may be absent from such Church or People and yet take the Tythes The Statute of the 25 Hen. 8. Chap. 20. about Consecration of Bishops with all the Ceremonies thereabouts is Superstitious The Statute of the 25 Hen. 8.20 appropriating to King Hen. 8. to be Supreme Head of the Church on Earth Impious if not Blasphemous This was Repealed the 1 and 2 Phil. Mar. her Successor was called Supreme Governor c. The Statute concerning First-fruits and Tenths payable to the King as they were formerly paid to the Pope in imitation of the Jews paying to the High-Priest all of them are Superstitious Laws 25 H. 8. 20. 26 H. 8. 3. 28 H. 8. 11. The like Superstitious are all those Laws which concern (c) 5 H. 4. c. 11 Tythes Oblations and Church-duties as they are called 27 H. 8. 20. 32 H. 8. 7. 37 H. 8. 12. 2 Edw. 6. 13. A Sta●●te was made 34 and 35 H. 8. 1. prohibiting the Reading or having Scriptures in English commanding That Religion should be as the King should appoint he that should Preach or Teach contrary to the Kings Injunctions should Recant his first Offence abjure the Realm for the second Offence and for the third Offence should be burned to Ashes This wicked and accursed Law was Repealed 1 Edw. 6. 12. Presently upon the making of this accursed impious Law 34 and 35 H. 8. 17. five new Bishopricks were erected by the King whereupon King H. 8. in that Statute is highly extolled for his Piety He cast out the Pope and made himself Pope and retained Popery The Statute of the 37 H. 8. 17. appoints Ecclesiastical Jurisdictions to be executed by Doctors of the Civil Law whereas all Ecclesiastical Power is in the Church All those Statutes which concern Uniting of Churches Election of Bishops Advowsons of Churches Jus Patronatus Quare Impedit are Superstitious and tend onely to the advancement of Antichrists Power 37 H. 2. 21. 1 Edw. 6. 1. 1 M. 5. The Statutes against eating Flesh in Lent and at other times little better then the Doctrine of Devils 2 and 3 Ed. 6. 19. The Statute 1 M. 3. forbidding to disturb a Priest or Minister in saying Mass or Divine-Service or the breaking any Altar Cross or Crucifix the Offender shall suffer Imprisonment and be otherwise punished This is a severe Law The Statutes appointing and setting up the Bishops above the Lords in Parliament next to the King his Vicegerent 31 H. 8. and all the old Statutes and those of later times also whereby the Lords Spiritual as they are called are placed before the Lords Temporal as they are generally in all Acts of Parliament this savours strongly of the Power of Antichrist The Statute of 1 Eliz. concerning the Oath of Supremacy now

lives which they could not do when Littleton wrote 37 H. 8. c. 10. 10. Before the Statute of the 27 H. 8. If Cesty que use had dyed his Heir within age the Lord sh●uld have had the Wardship of the Heir 4 H. 7. c. 41. If the Feoffee had dyed his Heir within age the Lord should have had the Wardship of his Heir also so there should have been two Wardships for the same Lands But this is altered by the same Statute 11. The Court of Wards 33 H. 8. c. 22. 32 H. 8. c. 46. erected by vertue of the Statutes made since Littleton wrote altered very many things in the Law as may be seen by the Statutes And particularly he that was poss●ssed of a term for 100 years or more was judged to dye seised Repugnant to the Common Law 12. 32 H. 8. c. 24. 27 H. 8. c. 27. 1 Ed. 6. c. 14. 31 H. 8. c. 13. 37 H. 8. c. 4. The whole Rabble of those Ecclesiastical persons as they are called Regular and many of those called Secular are dissolved by several Acts of Parliament and so the many Laws concerning them are thereupon out of use And all the Priviledges granted to the Cestercians Hospitallers or Priors of S. John's of Jerusalem and other Superstitious Houses to be freed from Taxes Toll and other Secular Servi●es except non-payment of Tythes are altered and changed and now those Lands are usually charged to all payments as others are 13. The Statute appointing 21 H. 8. c. 4. That such a man's Executors as prove his Will and take upon them Administration thereof may sell a man's Land devised to Executors for payment of Debts or Legacies although others named Executors do refuse to intermeddle or to joyn in the Sale and the Sale is good That Statu●e was made since Littleton wrote which is contrary to the Common Law 14. The Statute of the 21 H. 8. Chap. 19. 21 H. 8. c. 19. Coke Com. Lit. l. 3. s●ct 444 447. gives the Lord power to avow upon the Land for Rent or Services or Damage faisans without naming his Tenant because there are sometimes secret Conveyances made to strangers to cousen the Lord of his Servi●es and this an Alteration of the Common Law 15. All the Laws and Customes concerning Villains Cok. Com. Litt. T●t Villenage l. 2. c. 11. sect 172 175 176 177 189 c. mentioned by Littleton That the Lord might kill them sell them or use them are in a manner abrogated or worn out of use by reason that most of the Villains and such as held in Villainage are Copy-holder● and by some act either in Deed or in Law are Manumitted which alters the Law in many particulars since Littleton wrote 16. The Tryal of men for Treasons and Felony 22 H 8. c. 1. 1 2 Phil. Mar. c. 10. 33 H. 8. c. 20. 23. and other Tryals between and Party and Party in Personal Actions have been in several particulars altered by Acts of Parliament 27 El. c. 6 7. 4 5 Ph. M. c. 7. and the Forms changed and new Pleadings and Proceedings introduced since Littleton wrote 17. There are several Acts of Parliament made since Littleton wrote 31 H. 8. c. 1. 32 H. 8. c. 32. Litt. l. 3. sect 290. by vertue whereof partition may be made by Joynt-tenants and Tenants in Common which is otherwise at the Common Law and is an alteration thereof 18. There was an Act made in the 31 H. 8. That the Mannors 31 H. 8. c. 3. Lands and Tenements of Thoma● Lord Cromwel and many others to the number of 34 persons lying in Kent being Gavel-kind-lands should descend as other Lands at Common Law This an alteration since Littletons time 19. There are by Statutes since Littleton wrote divers Conditions annexed to Offices 5 6 Ed. 6. 16 which may forfeit the same and were not so at the Common Law 20. Before the Statute of the 32 H. 8. Chap. 34. no Grantee or Assignee of a Reversion 32 H. 8. c. 34. by the Common Law could take advantage of a re-entry by force of any Condition but by that Statute the Grantees or Assignees of any Reversion c. of any Lands c. shall have advantage by entry for Rent or doing of waste as the Lessors or Grantors themselves might have had 21. There were at the Common Law two sorts of Divorces 1. A Mensa Thoro 2. A Vinculo Matrimonii and many ridiculous causes of Divorce of which Adultery is not reckoned to be one against the Law of God 32 H. 8. c. 38. 2 Ed. 6. 23. 1 El. c. 1. as pre-contract without Consummation Consanguinity or Affinity in Cousin Germans and so to the fourth Degree The marrying or carnal knowledge of any person of Kin to the second Marriage-kindred within those Degrees Divers of which are remedied by Acts since Littleton wrote and the rest are antiquated and for shame disused and now all men may marry any person not prohibited by Gods Law and regularly nothing is a cause of Divorce but Adultery and yet Causa frigid●tatis sive Impotentia hath been allowed by the Bawdy Bishops 32 H. 8. c. 33. Coke Com Lit. l. 3. c. 6. sect 385. 22. At the Common Law if a Disseissor Abator or Intruder had dyed seised soon after the wrong done the Disseissee and his Heirs had been barred of Entry without any time limited by Law But by a Statute made since Littleton wrote such Disseisees nor their heirs are not barred except the Disseisor hath been in quiet possession five years without Entry or continual Claim 23. So likewise if the Disseisor had been longer possession Littleton l. 3. c. 6. sect 385. by the Common Law the Disseisee could not have entred upon him nor could the Disseisee have entred upon the Feoffee of the Disseisor if he had continued a year and a day in quiet possession But now the Law is altered and onely a dying seised is a Bar in some cases 24. By the Common Law after a Fine levied Littleton l. 3. c. sect 441. 4 H. 7. c. 24. 32 H. 8 c. 36. he that had right had but a years time to enter after which he was barred But by the Statutes made since Littleton wrote he that hath right hath five years allowed to him to enter after the Fine perfected 25. By several Statutes since Littleton wrote 2 3 E. 6. c. 24 34 35 H. 8. c. 14. 3. H. 7. c. 1. 1 Ed 6. c. 7. 33 H 8. c. 9. Coke Com. Lit. l. 3. sect 442. 27. H. 8. c. 10. Coke Com. Lit. l. 3. sect 463 464. divers powers and authorities are given to Justices of Assize which they had not at the Common Law nor by any Statute before those Statutes were made 26. By the Common Law if a mans Land had been granted or setled to another to the use of the

High-Commission refused to take it saying he was not bounden to accuse himself but said he would swear and answer upon his Oath to what they should ask him so far as he was bounden by Law He was answered There was no more desired of him Thereupon the honest Gentleman although a Lawyer was deluded and cozened with this word Law which was equivocal either referring to the Common Law or to their Popish Tyrannical Canon or Ecclesiastical Law and taking his Oath had Questions demanded of him of things which intrenched upon his Estate and Liberty for which he might be fined and imprisoned if not his life To these he answered That he was not bounden by Law to answer to them being against himself according to that Rule of Right Reason above mentioned No man is bound to accuse himself This they declared Perjury and for that they fined him 300 l. What difference is there between these proceedings and the proceedings in Courts of Equity especially when Answers are made to Exceptions or when the party is examined upon Interrogatories against himself The best that can be made of it is That it is a profaning the holy Name of God and the abuse of an Oath as being here not (g) Heb. 6.16 the end but the beginning or rather occasion of strife and if this Oath were taken away men would be sure to have Witnesses present to all their Contracts and Agreements And it may be observed that there is no manner of credit given to the Defendants Answer for the Practisers in Chancery use to say It 's no matter if the Defendant swear the Crow is white if the Plaintiff can prove she is black And upon this ground all wise men proceed in reference to Suits in Courts of Equity not to prefer their Bill unless they can prove it or at least the material points thereof I have observed That in almost thirty years practice I never found one Defendant who wanted conscience to pay a just Debt where it could not be proved by Witnesses that would ever confess it in an Answer upon his Oath but rather use the help of some skilful man to draw his Answer so equivocal or cautelously that it might not prejudice his Cause This hath been and is a heavie temptation and provocation to Perjury and so a breach of the Law of God which causeth the Land to mourn and therefore ought to be abolished Object 7. And where it is alleadged That although in Criminal Causes which are popular men are rot bounden to accuse themselves (h) This is the abuse of an Oath as before is proved Heb. 6.16 and is a sin against the law of Nature no man being bounden to accuse himself yet for discovery of Fraud and Deceit in Cases Personal they are bounden by Law to declare the truth upon their Oaths in their Answers Answ It may be answered first That all Frauds and Deceipts are things criminal in foro Conscientiae and for which in most Cases a man may be indicted at Common Law and in some Cases by vertue of several Statutes as for fraudulent Conveyances and for some deceipts in Bargaining and for cozenage in selling of Wares and in many other Cases And if a man in any case were to be enforced to confess the truth against himself there is most reason it should be done in Criminal Causes most capital as when Treason Adultery Murder or some great Felony is committed and several men accused Were it not a fair pretence that every man to clear himself and to the end to finde out the Truth should be examined upon his Oath And yet this is not allowed in the Law nor ought to be done for the reason aforesaid unless the Defendant will (i) Exo. 22.11 voluntarily offer his Oath which may be admitted by the Law of God otherwise Joshua (k) Josh 7.19 22. would not have done it in the case of Achan although he exhorted him to confess the truth and give glory to God yet he did not enforce him to swear but searched his tent for the wedge of gold and the Babylonish garment neither did our Lord Jesus Christ urge the woman taken in adultery to accuse her self but asked where her accusers were Joh. 8.10 11. and when he saw that no witnesses accused her he said No more do I and bid her go her ways and sin no more Now in those Cases which are not criminal as about Trusts and Estates in Land in Extent and such-like which may usually be proved by Witnesses where men are forced to answer upon Oath these do many times intrench more upon mens Liberty and Estates in respect of consequence then an hundred trivial Frauds or Thefts and therefore this will not warrant their answering upon Oath All the Arguments which have been brought a●ainst the Oath Ex Officio if I mistake not make directly against this Oath And it is no more lawful then that Popish Oath with Compurgators which was used to be administred in the Spiritual or rather Bawdy Courts to purge men of Incontinencie or Fornication And this is all which I shall say in this place of these Courts of Equity CHAP. XI That the Theory of the Common Law and some of the Statutes now in force c●ntain matters repugnant to the Law of God TRrial by (a) Plow Com. fol 366. B. 261 B. Assize 1 Ed. 3. f. 1. Coke l. 8. f. 46 l. 9. f. 31 Rast Entr. Ap. Mort. f. 50. B Droit f. 223. A. Cust No●m tit Suit o● Murdre f. 70 71. Cow Instit Index Exposit lit P. Combate in an Appeal of Death or a Writ of Right when men by themselves or their Champions decide matters in controversie by the death one of another in a Duel This is a wicked Law taken from the Heathen Lombards and Saxons and directly against the Word of God Num. 35.16 17 18. Matth. 19.18 Cock Essay p. 178. Rotaris one of the Kings of the Lombards had taken away this Law protesting that it was inhumane and naught Lewis 9. King of France is commended for this Edict Nous defendons battailles par tout en nostre Domaine en toutes querelles i. e. We forbid Combats in all Quarrels thorowout all our Dominions 2. (b) Myr. Just. c. 3. ● 24 25. Dyer f. 301. n. 41 42. Westm 1. c. 40. Stamf. pl. Coro l. 3. c. 14 The Combatants and Champions Oaths in an Appeal of Death or other Felony or in a Writ of Right is likewise a profaning of the Name of God an abuse of an Oath which is a part of Gods Worship and a Bond of Iniquity Jer. 4.2 Act. 23.21 Heb. 6.16 3. (c) Cowel ●nst l. 4. T. 18. ● 17. p 324. Westm 1. c. 2. Stamf. pl. Coro l. 1. c. 9. Art Cl●r 9 E. 2 c. 16. The Law concerning Man-slaug●ter at the Common Law when a man killeth another wilfully being done suddenly or in hot blood he shall not suffer death if he can

Pax Reg. Regni tit Pardon f. 218. b. 219. a. 2 Ed. 3. c. 2. 4 Ed. 3. c. 13. 13. By the Common Law the King had Power to Pardon Murther and it hath been commonly used in former Ages whereby the Land hath been defiled with Blood This is an Impious Priviledge or Custome and clearly against the holy Law of God and seemeth likewise to be contrary to the Kings Oath although by a Statute of Edw. 3. Chap. 2. it appears such Pardons were very common and ate available in Law against an Act of Parliament being made with a Non obstante c. Prov. 28.17 Jam. 4.12 Exod. 21.12 Weems M. L. Com. 6. Decal Exercit. 9. p. 131. (z) Sueton Tranq in vita Julii Caesaris sect 89. in fine It 's written That of all the Senate who murthered Julius Caesar there was scarce one that either survived him three years or dyed a natural death The Historian saith They were all Condemned and it doth not appear that any one of them had a Pardon (a) Bodin Rep. l. 1. p. 174. p. 175. No Soveraign Prince or any Man living can pardon the Punishment due to the Offence which is death by the Law of God no more then he can dispense with the Law of God whereunto he is himself subject 14. (b) Custom Norm tit Tenure par Homage fo 27. b. Kitchin Court-Baron Cowel Inst l. 2. tit 3. f. 3. p. 115 S. 15. p. 119. Wingate Law c. 7. p. 13. n. 29. The Oathes of Homage and Fealty to Lords of Mannors are Snares upon mens Consciences and savour of Tyranny and Oppression The Oath of Homage besides that which is mentioned in the old Books the substance whereof was That the Tenant would be the Lords True-man hath many trivial additions to it which are not of concernment enough to be the cause of an Oath and other things not fit to be sworn unto and all are against that Law Thou shalt swear in Righteousness and Judgement Jer. 4.2 Exod. 20.7 Jam. 5.12 15. (c) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 2. f. 20. b. fo 21. a. The Attributes of God in the Law given and ascribed to the Kings of England are too high if not Blasphemous viz. Majesty Soveraignty Most Sacred Majesty Infinity c. Ubiquity Immortality Perfection Verity Absolute Justice c. (d) Co. Tit. Pa. to his 5 6 7 8 9 10 11 Rep. Plowd Com. fo 234. a. 177. a b. And by Sir Edw. Coke seven times King James is called Le Fountain de tout Piety Justice la vie de la ley The Fountain of all Piety and Justice and the life of the Law O fearful Blasphemy Although it must be conceived that these Attributes are but Analogical Expressions yet it may be observed That such Arrogancy especially when by this temptation it 's taken to himself of whom it 's spoken (e) Such Emperors and Princes who have taken that Honour to themselves which is due to God alone as did Caligula Domitian Commodus Antiochus c. have all and alwayes miserably perished Jun. Brut. vind contr Tyrann p. 14. is a certain signe of Ruine as was seen in Herod when the people cried The voyce of God and not of man then was he smitten c. Acts 12.22 23. He that said Mine honour will I not give to another will endure no such pride (f) Gualdo Priorato Bell. Germ. p. 125. Battel Lu●z●n p. 19 20. Divers of the Roman Emperors would not suffer themselves to be called ●o●l Jun. Brut. vind contra Tyrann p. 51. That famous worthy Gustavus King of Sweden foretold his own death upon this very ground and although he protested against the impious Acclamations of the people was slain within two dayes after they were given to him We condemn such Hyperbolical Titles in the Turkish Emperour and the Pope and by such means the Heathen Babylonians (g) Coel. Rhod. Lect. Antiq. l. 8. c. 2. p. 281. Persians and R●mans came to Deifie their KINGS and EMPEROURS But (h) Suet. Tran. in vita Augusti Caesaris sect 53 Augustus Caesar abhorred such Flattery and refused so much as to be called Gracious Lord (i) Corn. Tacit. Prooem l. 1. Annal. p. 1. l. 2. c. 19. p. 61. but was called Prince and it may be observed That Almighty God to prevent such arrogancy when he saith I have said Ye are Elohim Gods or as the word signifies Mighty Judges presently addeth that Ye shall dye like men All must remember this Psal 89.6 1 Sam. 2.30 Isa 42.8 48.11 Dan. 4.30 36. Acts 12.22 A very Learned man hath set it down Bodin Repub. l. p. 181. That for a Soveraign Prince to arrogate to himself the Titles of Most Excellent and Sacred Majesty is absurd the one being a point of Lightness and the other of Impiety For saith he what more can we give to the most Mighty and Immortal God if we take from him that which is proper to himself And he censureth the Princes of Germany for that in a Letter to the King of France there were V. S. M. which is Vestra Sacra Majestas which he calls An addition proper unto God 16. That a Disseiser taking a mans Land from him by (k) Littleton l. 3. c. 6. sec 385. Coke Com. Lit. upon the same place fo 238. a b. Coke l. 2. fo 56. Doct. Stud. c. 8. fo 16. force after a Discent he that hath Right and is the true Owner of the Land cannot enter upon the Heir of the Disseiser This is an unjust Law and a ridiculous thing That he that hath Right may not enter This was a Custome used in favour of such whose Ancestors had entred upon other mens Lands in the time of Wars and put out the Owners Then the Conqueror or Prevailing Party allowed this Priviledge to such of his Party who had so entred Here a man by doing Wrong gets a Right and the Magistrate ought to remedy it Isa 58.6 Ezek. 45.9 Psal 7.16 Luke 3.14 Mich. 2.2 Charta Forestae cap. Manwood Forest Laws par 2. n. 1. par 1. p. 139. 21 Ed. 1. c. Cowel Instit verbo Forest 17. The Laws concerning Chases Parks and Warrens are a great Oppression to the Common-wealth as now things stand as it 's partly declared before where the Charter of the Forest is spoken of It 's true King William the Conqueror had a Title which he got by his Sword and by his Bowe and had the more reason to dispose of those Lands as he pleased and of the Lands adjacent as men would hold of him But now time and it may be lawful Purchasees have made men Owners of such Lands and to make them subject to the Forest-Laws is a great Oppression and contrary to all those Laws of God which forbid Oppression It is to be hoped these waste grounds will be put to better use 2 Chron. 16.10 Isa 1.17 Prov. 22.16 Ezek. 18.7

whereof Sr Edw. Cook accounts Hereticks these are likewise uncapable to make any will to be Executours or receive any legacy The best of the people of God in England are of this Religion holding the same faith with the followers of John Wickliff who were a busively called (e) White way to the true Church Sect. 50. pag. 393. Lollards By this we may see what lets but that the faithfull servants of God might be wasted and destroyed as in former times not our Laws but our Magistrates for whom we are to blesse God in the mean while this is a wicked and cruel Law both against Religion and Common right 1 Sam. 25.2 8 11. Rom. 13.7 Gen. 14.23 Numb 22.30 32. Rom. 13.7 59. Tenure in (f) Plow com Sharringtons Case f. 305. b. 7 8 Eliz. Littleton Fran. Almoig fol. 30 32. Wingat Law cap. 7. pa. 13. N. 18. free Almes when Lands are granted to men for to say prayers Masses and other Divine Services as Littleton calls them for the Souls of the Donors and for the Souls of their Fathers Children or Ancestors these grants usually were made to Monasteries and Hospitalls and also to Deanes and Chapters and to the parsons of Churches But this Tenure is Impious and Superstitious and yet the same is both favourably spoken of (g) Coke com Littleton l. 2. cap. 6. Sect. 134 135. A learned Civilian saith of such Tenants who hold in free Almes that pro donatoris suorum tam vivorum quam mortuorum Animis apud Deum orationibus Divinis Officiis Intercedant The King might and the Lord Protector may make such a grant at this time Westm 3. Cowel Inst l. 2. T. 2. S. 24. p. 125. Impr. 1630. and commended by the Lawyers in our Law-books since Queen Maryes time that Popery was abolished in some measure It ought to be taken away as Idolatrous and Superstitious the rather for that the mindes of men are too prone and ready to be led aside to such Superstitious Vanities and Will-worship repugnant to the Law of God Sir Edward Coke in countenance of such Superstitious Grants hath this passage Nu● quam res humanae prospere succedunt ubi Divinae negliguntur But this poysoned Divinity ought to be condemned and some Law provided against such Superstitions Isaiah 1.12 Rom. 14.23 10.8 Matth. 15.3 6. Coloss 2.8 60. That where Lands come to the Lord of the Fee by Attainder of a Traytor or Felon the King hath (h) Coke Comment Littleton Relief l. 3. sect 514. fol. 294. Wingate Law c. 19. p. 30. n. 13. Cowel Instit l. 4. Tit. 18. sect 10. pag. 319. Idem Index Expos Litera a u. l. 4. Tit. 18. sect 45. p. 341. Annum diem vastum The Law in this case is That the King shall utterly waste the Inheritance by plucking down Houses cutting down Trees Ploughing up Meadows c. and at Common Law such was the Judgement in an Attaint upon a false Verdict This is ridiculous Law and a prejudice to the Common-wealth contrary to that frugality which our Saviour enjoyned touching the very Fragments which remained after he had fed four thousand and five thousand persons with meat which cost nothing and yet he would have nothing lost or spoiled Joh. 6.10 11 12. Mar. 8.8 9. Mat. 15.37 38. 61. That there should be no (i) Littleton l. 3. c. 12. sect 691. Coke Com. Littleton Remitter fol. 362. b. Wingate Law c. 22. p. 33. n. 11. Cowel Instit Jur. Angl. Index Expos litera R. Recordum Averment against a Record is a hard Law and may at some times prove unjust considering what men of mean Credit less Conscience many times have the keeping of them It is necessary general Credit should be given to Records but yet where just causes of Suspition and Corruption may appear it 's necessary the validity of such Records be put to Tryal The contrary is a means to countenance Perjury and Forgery and therefore this Rule of Law would be Expounded and Amended for Preservation of Truth and Justice Isaiah 8.1 2. 2 Cor 13.1 Ezra 4.15 16. compared with Ezra 6.1 2 3. Exod. 23.7 62. That the Widow of the Kings Tenant of Lands to which the King is intitled by Office held of him in Chief before she could have her Dower assigned by a Writ de Dote assignanda should take her Oath in Chancery Not to (k) Wingate Law c. 38. p. 60. n. 4. n. 6. Marry without the Kings License This is an Unreasonable Law and was one of those Badges of Slavery attending Knight Service-Tenure which was brought in by William the Conqueror and is contrary to that Law of God which gives liberty to all persons to marry onely in the Lord at their own will and pleasure 1 Cor. 7.2 9 28 29. Gen. 2.24 1 Tim. 4.1 3. 63. The Heathen Romans ordained Sanctuaries and were a grievance to the State Tac. Annal. l. 3. c. 7. p. 75. The King might notwithstanding the Statute taking away Sanctuaries appoint any place to be (l) Wingate Law c. 48. p. 68. n. 48. c. 40. p. 70. n. 69. n. 70. a Sanctuary or Safeguard for any Offenders flying thither although they had committed Murther and such Offenders once getting to such a Sanctuary shall not be enforced to answer any Indictment or Accusation for the fact but may confess the fault to the Coroner and abjure the Realm This is an impious Priviledge and the Oath unlawful as hath been before said and ought to be altered for that all men ought to be punished for great Offences 1 Kings 20.42 Prov. 28.17 Numb 35.16 19 31. Rom. 13.4 (m) Symson Church-Hist Cen. 7. p. 364. These Sanctuaries were ordained by Pope Boniface the Fifth (n) Res Sacrae sunt quae rite per Pontifices Deo consecratae sunt veluti aedes sacrae dona quae administerium Dei dedicatae sunt ut Calices Cruces thuribula Item loca sacra sunt Ecclesiae Capello coemiteria c. Cowel Inst l. 2. Tit. 1. sect 8. p. 81. Impr. Anno 1630. and are still available if the Lord Protector please and in our Law things made Holy or Sacred are not to be violated 64. That an Utlawry should be (o) Wingate Law c. 46. p. 86. n. 21. Judgement in it self for Felony is a hard and unjust Law because a man may be Indicted and Utlawed and never hear of it It is a worse Law then the Heathen Romans had which was That no man was to be Condemned nor Judged until the Accuser and Accused came face to face and it is contrary to those Laws of God which require all persons accused to be judged upon the Testimony of Witnesses 2 Cor. 13.1 Acts 25.16 Numb 35.30 Deut. 17.6 7. Joh. 7.51 65. The like may be said of that Law where a man may be judged to be branded dismembred and his life in danger for a few unadvised or rash words

The Romans punished words very slightly Tacit. Annal lib. 1. cap. 15. pag. 29. And capital Punishment for words is charged as a fault Tacit. Annal. lib. 2. cap. 12. pag. 50. as he that said merrily He would make his Son Heir of the Crown meaning his House which had that Sign The like rash words used by one Burdet a great Gentleman of Warwickshire were said to be the cause of his Death This Severity is against Gods Word 66. The greatness of the body and bulk of the Law in force in the next place is a great Grievance to the Common-wealth p Grotius Pol. Max. par 1. c. p. 34 35. The Laws ought to be short easie and few This I touched in the first Chapter where is recited wherein Sir Ed Coke saith the Text of the Common Law is contained whereunto I refer the Reader desiring it may be further considered what an uncertain thing it is to know the extent thereof I set it down positively That no man by reading those Statutes and Books which Sir Edward Coke speaks of as containing the Text of the Law can tell what the Law is in an hundred particulars wherein there have been Judgements and Opinions given for Law of which hardly any thing can be found in those old Statutes and Books That this is so there needs no other proof but the Statutes made within the last 120 years and Sir Edward Coke's own R●ports Insomuch that it 's certainly believed That a man may know more of the Law by reading the Statutes and Reports of this last Age then by reading all the old Books which comprehend many Volumes 67. (q) The more Laws there be the more suits there are about the Interpretation thereof France was said to have more Laws and Customes then all the Neighbor-Nations and so also more Suits then all Europe besides which grew through the heaps of written Laws Bodin Rep. l 6. c. 6. p. 766. See the Book called Consuerud Normand The whole Law I mean the Statutes Old Books Entries Registers and Year-books cannot be read over under three or four years with any deliberation the Books being so many that they at an ordinary rate come to above twenty pounds price whereas the Text of the Laws of Normandy are contained in about forty leaves of Paper in folio The Laws of Athens were no more then might be read over in one day and every year upon the (r) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rous Att. Ant. l 3. c. 1. p. 101. Eleventh day of their Moneth called Hecatombaeon which is July their Laws were read over in the publick Assembly which being done Proclamation was made and then it was demanded If those were Laws enough for the Senate and the Common-wealth and no new Law was easily received by the Senate or the People (s) Amongst the Romans ten men were appointed to Collect the best out of their own and the Laws of other Countries and out of them they composed the 12 Tables The Historian condemns the multitude of Laws and chargeth it as a corruption that Laws upon Laws were multiplied and saith That persons were chosen to salve the intricate Quirks of the Laws Tac. Annal. l. 3. c. 5. p. 71 72. The Romans Laws were likewise but few (t) Tit. Liv. l. 3. p. 108. g. 109. a. 112. h. Raleigh Hist l. 2. c. 4. sect 15. the chief was the Law of the Twelve Tables which they had from Greece and their proceedings in promulgation of Laws were much like theirs of Athens And to mention no more the (u) Willet Hex in Exo. whole Body of the Jews Laws both Moral and Judicial which onely concerned Distributive Justice are comprehended in three Chapters and eight Verses of the Book of Exodus except a very few dispersed in the three last Books of Moses which were added upon special occasions (w) Cock Essay p. 111 134 136 These Laws the Jews knew most exactly but we know not our Laws as one hath lately written by reason they are not set down in a Body nor determined plainly but left doubtfull and inshrined in the breasts of the Judges and few but they may take upon them to expound them This I account a great Oppression Exod. 20. 21. 22. 23. to the 9 verse The Laws of Geneva are contained in about five sheets of Paper See the Book printed in English 68. The (x) Magna Charta c. 1. Coke Instit par 2. in Westm 2 c. 33. p. 431 432. See the Grants to the Templers Cestercians and Hospitallers Concil Vienna dissolved the Templers Anno 1311 and their Lands given to the Hospitallers 17 Ed. 2. Coke ut supra The Clergie as they are called still claim to be free from payment of Constables Levies and some of the Judges and Justices allow it At W. Sess Mich. 1655. great distinction between the Clergie and the Layty as they are called in Conformity to the Popes Laws and Constitutions is a thing superstition oppressi●e to the Nation and tends to the advancement of the Roman Power meerly Antichristian Hence the Archbishops and Bishops being set above the Dukes Earls Baron c. with their Attendants inferiour Priests and Deacons and other Ecclesias●ical Orders made as it were another Common-wealth free from Secular Services The Priviledges granted to the four great Orders of Monks in England are largely discoursed of and their particular Charters and Immunities rehearsed in the new book called Monasticon Anglicanum which is to be sent to Rome by J. A. and cannot but be there highly esteemed It is a famous Monument of Idolatry Taxes and Payments and served chiefly to maintain a Faction against the Common-wealth of the Layty by upholding the State of Antichrist against the Temporal Power Now under the Gospel all men are in one condition and the Lords Lot Clergie are his People in every calling without respect of persons Isa 61.6 1 Pet. 2.9 Rev. 5.10 William Laud late Cardinal of Canterbury had a design on foot to make a perfect distinction between these two Common-wealths and to the better strengthning of his Party he had an improbable Project to erect again the Old Monasteries at least such as there could be any colourable pretence to seize into the Kings hands And several persons whom I could name were employed to finde out and report the Foundations and Priviledges of these Monasteries But blessed be God who hath prevented these Superstitions The Law had need to be changed in this point of Distinction CHAP. XII That the Practick part of the Law as it 's now in use is in many particulars sinful and repugnant to the Law of God and an oppression to the people 1. COmmon Recoveries for assurance of Lands being truely called (a) Doct. Stud. c. 32. dial 1. fol. 56. a. Cowel Inter. verb. Recovery Cowel Instit Index Expositor Litera R. Fined recoveries are nothing else but a pack of lyes And a colloquie at the Bar and

the entry accordingly of persons acting and things done but nothing really except the parties coming to the Bar to do they know not what This is meerly a device or fiction to deceive and scrue morny from the people the very fees come to almost four pounds besides the fine upon the Alienation which is according to the value of the Land taxed by the Commissioners if above 40 shillings by the year it may be from 6 shill 8 pence to 20 pounds lesse or more All which might be saved if all mens estates were made fee-simple and the Statute de Donis Conditionalibus replealed or that the making of a Feoffment which is done by livery or the Inrolment of a Deed might discontinue the intail and Bar the Remainders In the mean while this Common recovery in regard of the expence is an oppression and the formality or rather subject matter of it being nothing but lyes whether Jocosa officiosa or perniciosa is against the Law of God Col. 3.9 Levit. 19.11 Rev. 21.8 Rev. 22.15 2. That Errours in Judgments and proceedings in the Upper-bench the Action being brought by Original should not be heard and determined but before the (b) Wingat Law cap. 47. pag. 89. N. 10. King or Lord Protector and Lords in Parliament seems to be a hard Law and at best is a Tedious and expensive way and so an oppression to the people and against the Law of God Ezek. 18.8 1 Thes 4.6 Isai 33.15 Prov. 22.16 3. (c) Westm 2. c. 1. Stat. de Donis Condit 27 H. 8. c. 10. Statute of Vses Ch●dlyes Case Coke l. 1. fol. 121. Intails upon the heirs males of a mans body with remainders over to brothers and after to strangers of the name to the disinherising of ones own Daughter having no Son is sinful and against the Judgment of Almighty God immediately given in the case of Zelopheads Daughter declared with an emphatical addition That this shall be a Law of Judgment c. That if a man have no Son his inheritance shall go to his Daughter There is a Custome in Ireland that all Lands which have not come to the Kings hands by surrender escheate Attainder or forfeiture The eldest Son of the house shall enjoy the same during his Life and then the second and third if there be so many Brothers before the heir in Lineal descent This is called the Custome of Tanestrie and the same grew by reason of their Civill warrs not only the greatest against the greatest but even every Baron and Gentleman one against another Therefore they left their Successors of Age to defend their territories Davis Report case Tanest Ra. Histor lib. 2. cap. 4. S. 15. And the same is a Law of Common equity not one of those Judicials which only did binde the Jews in their own Land but dictated to every man by the Law of nature which teacheth that a mans own child being part of himself is more dear and near to him then a stranger and hitherto is that to be referred He that provides not for his own and those of his own House first his own Wife then his own Children and then his Servants as the rest of the househould such a one hath denyed the faith and is worse then an Infidel Then are many of the Nobility and Gentry worse then Infidels whose inheritances upon such an Atheistical or Heathenish opinion as the builders of Babel had to get them a name least they should be scattered are turned from their Daughters to strangers and little or nothing left for them upon consideration of which a wise and Religious Judge once said I would surely make such mine heir whom God makes mine heir the contrary practise is against the Law of God and nature Numb 27.7 8. 1 Tim. 5.8 4. In a Replevin no man living knoweth what is the general issue to be pleaded by vertue of the last Statute and in some cases there can be no (d) This is agreed by the Protonotaries of the Common-Pleas and the practise is accordingly Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. 1. fol. 14. Judgment to have the Cattle returned and when such Judgment hath been given and the Cattle taken upon a re●urn habend he that took them and obtained the Jud●ment can neither use them as his own nor sell them nor can the former owner have them again but either the Taker mu●● keep them at his own charge until the owner will redeem them or they must dye in the Pynfold and then the Avowant who first distreyned may distrayn again and go to suite afresh and so be put to a circuit of Action which the Law in other cases doth disallow This is a foolish and ridiculous Law and against Common right and so against the Law of God every one ought to have recompence in his suite where the Law passeth for him Lam. 3.36 59. Amos 5.24 1 Kings 10.9 Isai 59.14 5. The practise in real and mixt actions occasioning (e) Stat. 51. H. 3. concern day●s in Real Act. and Stat. 51. H. 3. concerning dayes in Dower many Delayes by Essoynes Adjournments Veiw Counterpleading Colour and Dilatory pleas is a great oppression by reason of the delay and unreasonable expence besides the nicety and thereby uncertainty in the proceedings where by mistake of a word syllable or dash with a pen or coming to adjourn an hour too late the Cause may be lost this is an oppression and a meer Trap to catch men and an occasion of much injustice for who will yield to any man his right where he hath hope to foile his adversary by any such trick or weary him at Law Job 22.10 Luke 18.4 Isai 59.14 6. Trials by Nisi prius in personal Actions begun in the Courts at Westm where the plaintiffe to have amends for a trespass or battery for which five shilling would satisfie him This is Common in ev●ry mans Practise and needs no Proof must spend before he can have Judgment neer eight pounds and the Defendent about half as much although to his ruine and he must pay the plaintiffs charges and damages which is all in nature of Damages or lye in Gaol this is a grievous Law and not to be suffered but rather such Courts of Record are to be Cherished where a cause may be tryed for 30 or 40 shillings this were more for ease of the people and more agreeable to the Law of God 1 Sam. 12.4 Isai 58.6 Isai 5.7 and 33.15 Zeph. 3.1 7. The like and much more may be said concerning tryalls at the Bar Common Experience shews this to be liue which cannot be tryed if the Jurors come but two dayes Journy under an hundred marks and commonly there is much more spent This is a horrible oppression and such courses make poor men affraid to sue for their right and great men to Trample upon the poor the same is a crying offence against God Psal 73.8 Ezek. 18.8 1 Thes 4.6 Prov. 22.16 Isai 33.15

a learn●d man who reports this saith that no merchandize is more base than the Sale of Offices Bodm Republ. l. 5. c. 4. p. 592. and l. 6. c. 2. p. 661. In the mean while here is great extortion and oppression done to the people by the greatnesse of these Offices which is the cause that men are put into them more for their wealth than for their wit learning or honesty and the businesse is done accordingly to the wrong and prejudice of the whole Nation 11. The proving of Will and granting Administrations being now onely done at London is likewise an oppression and so is it an oppression that all causes Testamentary and such as concern Administrations and Legacies of how little concernment soever are heard there and nothing determined in the Countrey This is worse than the course taken in the Bishops time when all mens Wills who had not bona notabilia viz. five pounds in goods out of the Diocesse might be proved in the Countrey for lesse than half the Fees which are now paid and all matters of instance touching such mens Estates were heard and determined there although the proceedings where there was any opposition were exceeding tedious and the Appeals intolerable the course now held ought neverthelesse to be amended 12. The matter of passing accounts in the Exchequer is an exceeding burden and the cause of much bribery and extortion in the Countrey The Romans had great Care to bridle the coveteousnesse of Offi●ers and ●●●●●ers of the publique Revenue Tacit. Annal. l. 13. cap. 12. p. 196. the account of a Sheriffe of any ordinary County will cost one hundred Marks to passe the same and of some Counties one two or three hundred pounds there being so many Offices to passe through and some of the Officers taking excessive Fees forty shillings for an Attornies Fee and the Secondary as much this causeth the under Sheriffe to take two shillings a name and in some Counties more for his Warrant where there is but four pence due and all the pretence is the great charge of passing their accounts There is no use of any more Offices in the Echequer but the Receiver to take the money the Auditor to make up the accounts and to see that the Receiver neither cozen the Lord Protector nor the Countrey and the Controller to see that no deceit be done by the Auditor this I conceive to have been the ancient course when (m) Stowe Annal. life o● King Edwd 1. p. 209. anno 1304. the Exchequer was at York in the time of Edw. 1. and after it was removed to London and was in effect the same which was appointed by the (n) Ordinance 21 Septemb. 1643. Anno 1556. Out of the Province of Langueduke Bodin Republ. l. 6. cap. 2. p. 685. The same learned Author reports it an excellent remedie of inequalitie that all the Territories of a Common-wealth were surveyed as he saith the Roman Territories were that every mans Land and Possession might be known and certain that the Taxes and Imposts might be equall Bodin l. 6. c. 1. p. 641. Ex Cassiodoro England was so surveyed in the Time of the Norman Conquerour This appears thy Doomsday Book which contains the very originall survay Cowel Interp. verb. Doomsday Ordinance of Parliament Anno 1643. for receiving of the Revenue of the late King Queen and Prince and might be so appointed again if that the State did see cause and the same would ease the Common-wealth of much bribery extortion besides this the publick treasure must needs decrease passing through so many hands It was proved in France that a third part of all Receipts went to Officers it were well if ours were compared with it The cure of all these miseries is that which the Ancients sought much after (o) Hawk Right Dominion l. 2. cap 1. pag. 21. and Doct. and stud lib. 1. c. 2. an Equality I do not mean the equal division of all the Subjects Lands or Goods for that in a manner would destroy (p) Bodin Republ. lib. 5. c. 2. pag. 569. property ownership of the things of this life which would both cut off the endeavours of men to increase their Estates by labour industry and trade in Lawfull callings which the Law of God enjoyneth And also prompt men to idlenesse and bring confusion in the end But I mean the ballasting the trade and businesse of the Nation that it may be divided into all the parts of the Lands for the good of the whole which might easily be effected if the Law were setled in the several Counties And the Rivers in the Mediterranean parts made Navigable which might be done as I suppose with the expence of one moneths Tax of 100000. l. upon the whole Nation This would be the Nurse of Peace of love betwixt Subjects The contrary The Wise Learned have accounted that amongst all the causes of some Seditions changes of Common-wealths there is none greater than the excessive vvealth of few Subjects and the extream poverty of the greatest part who readily use to imbrace any occasion to spoil the rich (q) Tit. Liv. l. 32. p. 832. L. M. p. 833. A. But it was an unjust and foolish Law published by Nabis the Macedonian Tyrant when Philip King of Macedon had trusted him with the Citie of Argos that after he had plundered and abused the Citizens he commanded all Debt Books and Bonds to be Cancelled And the Lands to be divided amongst the people by the poll Two fire-brands saith the Historian enough to set all the Nobles and Commons on fire And so to destroy one another CHAP. XIV That the body of the Law is wanting and defective there being neither Common-Law nor Statute-●aw for remedy in many cases nor any punishment considerable for sundry great offences The Jewes governed by Felix by punishments being exasperated fell into Rebellion and wars Tacit. Annal. l. 11 c. 11. p. 17 a. THe first thing which shall here be insisted upon as being an universal sinfull defect and the cause of much persecution of the one side and impiety and prophanenesse of the other side is That it is not declared by the State nor any known Law how far the Civil Magistrate is Custos utriusque tabulae my meaning is that it 's not set down or determined that it may be known to the people (a) Weemse Exp● M. L. Ex. ● 1. p. 8. how far the Civil power hath to do in matters appertaining to Religion and what those iniquities are which as (b) J●b 31.11.28 Job saith are to be punished by the Judges and then wherein the consciences of men are free and not to be trampled upon by the Temporal power (c) G●otius Pol. Max. par 1. cap. 2. pag. 12. and Carol. in fine Strifes about Religion are there most pernitious and destructive where provision it not made for dissentors (d) Princes must carefully distinguish their jurisdiction from that

as occasion is offered And although these Miscreants do wander abroad and so justly incurre the danger of the Laws made against Rogues and Vagrants yet their sports are so sutable to the lusts of men that hardly any man will or dare apprehend them There ought to be a Law to inforce these to work and labour and leave their idle courses Hosea 7.3 Eph. 4.28 1 Thes 3.10 2 Thes 3.9 At Geneva there is a Law that idle persons losing their time shall be punished and so enforced to work and follow some Lawfull calling Laws Geneva pag. 30.37 (y) Bodinus thus censures Stage-players and Comoedians Bodin Republ. l. 6. cap. 1. pag. 645. Stage-players were prohibited by the civilized Heathen and the Comoedians stage is concluded by the vvisest Politicians to be the Apprentiship of all impudence loosenesse vvhoredom cozenage deceit and wickednesse 9. In the next place as adjuncts also of these meetings I set down as unlawfull and against which we have no humane Law singing of baudy songs Ribaldry and rotten Communication which tend to the corrupting of good manners and ought to be obviated by some wholesom Law Eph. 4.29 1. Cor. 15. All this filthinesse is prohibited by Law at Geneva upon pain of three dayes imprisonment with bread and water Laws Geneva pag. 32. 36 37. Geneva hath a Law against this prophaness Laws Genes p. 32. 36 37. 10. The like may be said of railing mocking reviling opprobrious language taunting and such like abuses The late ordinance for prohibiting of Duells and Provocations there unto doth extend onely to provoking words and carriage tending to Challenges King James in his book of Libertie prefers the Papists before the Puritans This is Charged as a great wickednesse in the Heathen That when they abused the Christians in the Primitive times upon complaint to the Emperour he answered them with this scoffe you are to suffer injuries patiently for so they are commanded by your God Perk. on the 3. Com. vol. 1 pag. 44. col 2. Ex Tripart Hist cap. 39. l. 6. against which there is no Law except it be for womens scoulding and where the words are actionable although there abuses are prohibited by Laws in other Countreys Laws Geneva pag. 32. 37. And the same are condemned by the Law of God 1 Cor. 6.10 2 Sam. 16.7 and 6.20 Isa 58.22 Gen. 37.19 Neh. 4.3 In all Nations generally they that are most zealous imminent in the profession of that Religion used and professed amongst them are alwayes most honoured and esteemed And yet in England heretofore nothing hath been more in disgrace than to be accounted a Zealot or forward in Religion 11. No more is there any Law against prophane jesting with the holy Scriptures unlesse it be in Playes and Interludes nor for speaking contemptuously or vilifying the same holy word of God or the Divine Authority thereof this ought the more to be cared for for in regard the Devil hath sent abroad so many in this age to cast aspertions and contempt upon the word of God contained in the holy Scriptures which God hath magnified above all his Name or whatsoever he is made known by Exod. 20.7 Deut. 5.11 Psal 111.9 Isa 66.2 12. There is no competent Law against Men-stealers They were amongst the Romans such as like the Banditi in Naples the Tories in Ireland and the Mosse-Troopers in the North snapt'd up Travellers such as they could catch they either kept them to work as slaves or made them away These were severely punished who were found guilty of such vilanies as Tit. Liv. Suetonius both report which are now more common in England than in former times when the Judges were undiscovered these wretched Creatures are called spirits and are either men or women well known to such as entertain them or set them on work the men intice and steal away Men or Boys upon pretence of profitable imployment or service under men of quality the Women steal away Children with Apples and such like toyes or bigger vvenches or Boyes upon other false pretences and when they have gotten them into houses near the water-side they keep them there untill they can have opportunity to ship them away to the Indies against their wills This is an horrible offence against God and such Thieves should be punished with death and their confederates by some severe punishment made examples Exod. 21.16 Deut. 24.7 1 Cor. 6.6 The Laws of New England are coll●cted into a body and endeavoured to be made agreable to the Jews Law morall and juditiall Lechford News pag. 26 27. The Romans Collected th●ir Laws into a body which they accounted the end of Law and equitie Tac. Annal. cap. 5. pag. 71. 13. That there is not a body of Law extant declaring in short what the Law is and how men should obey it is to be accounted a great defect and ought to be supplied with some Treatise to be agreed upon by the Legislative power comprehending the heads to which all cases are to be referred which are to be agreeble to Scripture rules Sr. Henry Finch hath writ a book wherein he intended such a thing which is lately abridged by E. W. Esq and may be perused This (z) K. Edward the Confessor out of an indigested Raphodii of the Laws of the Romans English Danes selected the best compiled them into a compendious systeme Hawk right of Domi. l. 2. pag. 67. Ex Cook 3. Rep. Ep. ad Lect. course hath been held I suppose by all States and Nations which are civilized most precisely by the Grecians and * The Godly Emperour Theodosius the second Collected the Laws of Kings and Princes into a short volume hee was invited by Justiman whose book is famous amongst the Civilians and is much in conformitie with Moses Juditials sympson Chu Histor. Life Theo. 2. pag. 81. See the Laws of Geneva printed Rawleighs Hist l. 2. cap. 4. §. 15. Bodin Republ. l. 6. c. 6. pag. 766. Romans and likewise the Custome of Normandy seems to be the body of their Law It 's said to be agreeable to the Laws of England but comprehends as ours do the whole body of Popery in a manner and many other sinfull Customes The whole body of the Jews Political and Moral Laws are all recorded in the holy Scriptures as before is said are comprehended in a very little Compasse The Laws of Geneva may be read over in two or three hours The want of such a body of Law in France makes their proceedings over-tedious and uncertain and is the cause of many Suits following partly the course of the Civil Law and partly the Laws of Normandy and other Customes Insomuch that John Bodin that famous Lawyer and States man complained that there were more Suites in France than in all Europe besides 14. In the next place I presume to set it down as a most material want and sinfull defect in the Law that (*) Cooke Essa pag. 172.

be put to their allowance If this course were taken it would secure inheritances far better than those unjust Intails upon the Heirs Male and would prevent abundance of sinfull expence and other transgression and therefore I think it an offence that there is no Law in this kind 1 Tim. 5.8 Isa 49.23 20. The Law hath not put any restraint upon such as keep Riotous houses and account it a point of honour and great house keeping which they think tends much to their credit to spend their vvine and Beer that their servants and attendants may make men drunk who come to their houses and that is accounted free and bountifull entertainment In the mean while this is a great offence against God and ought to be prevented by some good Law Isa 5.11 22. 2 Sam. 11.13 1 Kings 16.9 Luke 21.34 Prov. 23.19 21 There is no (m) Cowel Inst Jur. Angl. l. 4. tit ult sect 53. p. 346. Adulteri maxima pro parte poenitentia Canonica purgatur considerable Law in force against Adultery or Fornication except the Act of the 10. of May Anno 1650. The former Statutes provided that the Adulterer or Fornicator should keep the Bastard and nothing else considerable imposed upon him The last Act is so penned that few or none will ever be convicted upon it Insomuch that it hath been thought that that Statute was made onely or chiefly for guarding of womens credits that lewd persons might not dare to boast of their own filthinesse The Romans punished Adultery with death and so they did Sodomie and murder Tit. Liv. l. 39. p 1032. p. 1. 34. K. And it s cited out of Plato l. 9. de legibus that the Adulterer was to suffer death and might have b●en slain by the Husband of the woman if he escaped the Law Coel. Rhodig L●ct Antiqu. l. 29. c. 18. p. 1131. to the discredit of womens persons whether clear or guilty whereby it 's come to passe that this horrible sin of whoredom is much increased since that Act was made as may be seen in many places which Act is so cautiously penned that a man shall not be in strictnesse of Law in danger of death unlesse it appear there was Res in Re and that the Adulterer knew the vvhore to be a Married vvoman which none can tell but such as were present at the Marriage and besides one of the parties cannot be a vvitnesse against the other as being particeps Criminis This Law ought to be amended for that by the Law of God and (n) Florus in l. 14. Tit. Liv. p. 389. E. most wise Law-givers the Adulterer and Adulteresse ought to suffer death Deut. 22.12 23 24. Jer. 29.22 23. Lev. 20.10 * M. L. 20. p. 391. E. Tacit. Annal. l. 11. c 1. p 141. and c. 2. p. 142. and c. 11. p. 153. The Priests daughter among the Jews was to suffer death for Fornication committed in her fathers house Lev. 21.9 So the Romans punished their vestal Nuns with death if they were sound to play the vvhore in imitation of the Jews and according to the Judicial Law above mentioned Such filthiness condemned as formication Perk. on the D●cal vol. 1. p. 59. col 2. p. 60. col 1. Tacit. Annal. l. 2. c. 9. p. 74. 22. No more is there any Law against lascivious Gestures wanton and filthy dalliance and familiarity insomuch as if two lewd persons be found in bed together they can be but Carted that not being sufficient to convict them upon the last Statute unlesse they confesse the very filthy Act Gal. 5.19 Prov. 6.29 Ephes 5.3 4. The Heathen Romans had Laws against Lasciviousnesse and in Tyberus his Reign women who were observed to live soberly and chastly with one husband were had in great Honour and it was ordained that the Captains and Governours of Provinces should have their wives with them This accounted a breach of the 7th Commandement Perk. on the Decal vol. 1. p. 60. col 1. 23. Next to this I add that there is no law against whorish attire whereof the Scripture takes notice and the Learned have observ'd some parts of that Attire amongst which may be accounted strange fashions naked breasts bare shoulders powdering spotting painting the face curling and shering of womens hair the place of the Canticles seeing to countenance such Locks is translated thus by learned Iunius (o) Cant. 4.1 Weemse Exp. M. Law Exer. 6. com 7. p. 161. thy hair is bound up as the modest matrons these with lascivious mixt dancings and other such like bellows of lust Pandora of filthinesse are condemned by the word of God as occasions of Adultery and Declarations of the Vanity of the mind contrary to Christian sobriety Zeph. 1.8 Pro 7.10 Gal. 5 9. 1 Pet. 3.3 1 Tim. 2.9 1 Cor. 11.6 Isa 3.18 20. Iunius upon Cant. 4.1 The (p) Tacit. Hist Discript Germa c. 2. p. 263. German women when they were Heathens used to wear their Cloaths little differing from mens Apparel and they used to go naked or bare with their arms and their breasts uncovered as it 's now used 24. There is no Law to enforce a man to live in any calling Idlenesse destroyes all people the French did thereby make shipwrack of manhood and libertie if he will but pretend he hath an Estate or means to maintain himself then he may live as he list especially about London and that is the cause there are so many Thieves and Robbers and so many Villanies committed because men live idlely without a calling wherewith to maintain them (q) Tacit. vita Agric. l. p. 188. Laws Geneva p. 30. 37. Grotius Pol. Max. par 1. c. 3. p. 24 25. all Nations have judged it reasonable that every one should have some calling or occupation and this the Court at Athens called (r) Rous A●● Ant. l. 3. c. 1. 95 96. and l 2. p. 125. The Romans likewise had Laws for incoragement to labour and for suppressing of idlenesse Tacit. Annal. l. 2. cap. 10. p. 49. Areopagus diligently inquired after and he that was found to live by unjust gain fell into danger of his life by their Law Ionah 1.8 2 Thes 3.10.11 1. Cor. 7.20 (ſ) Bodin Republ. l. 3. cap. 8. p. 401. and l. 6. cap 2. pag. 678. Solon inflicted great punishments upon idle persons A wise Statesman saith that there are many idle persons in every Citie whom it's needfull either to banish or to keep them in publick works because they can be placed amongst no degrees of men And saith that Amasis King of Egypt used to put such kinde of men to death who had no callings as Thieves and Robbers commending the custome at Paris enforcing the strong and lusty to work and feeding and curing the sick and aged 25. Neither is there any Law against Sword-players players of Prizes although it may be a device to cheat the people and this is the chief end to get company

every day (f) Bodin Republ. l. 4. c●p 2. p. 441. all their Conjectures are uncertain 30. Perjury in an answer in Chancery or Exchequer is not punishable by any penal Law The ordinance for Reformation of the Court of Chancery appoints Legacies to be sued for at Law and excludes them the Chancery but doth not dir●ct what account shall be brought 5 Eliz. c. 15. or Act of Parliament onely it 's said that it may be punished upon a Bill for Perjury in the Court where it was committed this is a long way further than a man will be willing to go at his own charge and I never yet knew any man punished there for any such Perjury and it was punishable in some cases in the Star-Chamber however it 's sinfull perjury before God Iohn 8.44 Zach. 5.4 Ier. 5.2 31. There was no Law to recover Legacies but in a Court of Equity before the last Ordinance and there is yet no Law setled for recovery thereof if the Legacy exceed not twenty pounds the charge of the Suit in Equity if it come to a Decree will be as much as the Legacy it may be much more if the Defendant be wilfull or liberal nor is there any Law to acquit executors upon payment of Legacies to Infants although it be done to their great preferment this is a defect Rom. 13.7 Heb. 9.17 32. There wants a Law for punishment of Witch-craft where murder is not committed setting a Witch upon the Pillory and imprisonment for exercising her Devilish malice upon Cattle (g) The defect of this Law was complained of by St. George Crooke upon the triall of a Wit●h convicted of Witchcraft but not of Murder about the year 1627. at Coventry or men when death follows not is not sufficient such Witches as likewise Magicians ought to be put to death Exod. 22.18 K. Iam. Daemonol lib. 3. cap. 6. pag. 76. An Action upon the Case will not lye for calling one Witch and this reason is given in the book because Witch-craft is but Art and the word doth not imply any Act or exercise of it But Gods word teacheth us not to consult with the Devil or his evil instruments (h) Tacit. Annal. l. 2. cap. 8. p. 43. Pituanius a Magician was cast down headlong from the T●●pe●u Rock The Romans banished such as consulted with Wizards and sometimes put the Magicians and Wizards to death according to Gods law Thou shalt not suffer a witch to live 33. There wants a Law directing how mens personal Estates shall be divided by Administrators when a man dieth in Estate (i) Magna-charta c. 18. Fitz. N. ● 122. l. Wingat Law cap. 11. p. 19. numb 13. It was anciently at the discretion of the ordinary who used to dispose of part of mens Estates or what he pleased in pias causas or for the health of the Soul of the deceased as it was said but now the Superstition is removed it 's necessary it should be declared what proportion the Wife and Children or Kindred should have it seems anciently a Wife was to have a third part of her Husbands clear personal Estate and Children unpreferred another third part Cook English Law pag. 47. but this is not observed All men who have any estate ought to make Wills to preserve peace after their deaths and to divide their estates amongest their Children Gouge on Epes 6. Tract 6 pag. 321. The remedie of th●s is to have all mens estates inrolled in the Counties where they are As the Jews had their estates with their Pedegrees inroll●d Ezra 2 6● Jer. 32.11 John 14. and 15. and 16. 34. The like want is found where a man seized in Fee-simple of Lands having no personal Estate and many Children dyeth in Estate the Land descends to his Heir and the younger Children can claim nothing this is a hard case And far worse is it where a man hath an Estate in Tail and nothing else to preferre younger Children In the first case he may by Will in vvriting charge his Lands in this he cannot dispose of his Lands by Will charge them with any thing to raise portions for younger Children this would be amended by some profitable Law and Lands for this cause would be made Fee-simple Gen. 25.6 Luke 15.12 Iosh cap. 14. and 15.16 17. 35. There wants a Law to secure purchasers from being cheated by old Intails sleeping Morgages Judgements Statutes In somuch as I heard a Learned man say once there is no fence against a Knave some publick Register in every County should be setled and a Law made that whatsoever Estate should not be there entred should be void as against purchasers and such as some in for valuable considerations there are many men cozened and undone in such cases and no remedy if the Incumbrances were for any valuable consideration at the first although of long continuance This ought to be amended see this case recited by Charles Geo. Cook Essay pag. 123. 36. That Copy-houlders of Inheritance should not have liberty to set or let their Lands (k) Bodin de Republica Tit. 1 p. 39. Cook compleat Copie-houlder sect 9. p. 8. sect 12. pag. 14 15. unlesse for a year or three years is a hard Custome and to Fine at the Will of the Lord is worse the pretence of Ease in Chancery or Exchequer is a meer gullery the first ought to be amended and the last assertained by some good Law Cook English Law pag. 48 49. 37. That there should be no means to recover Debts upon (l) It 's made a note of a wicked man to borrow and not to repay Psal 37.21 Therefore there those should be a Law to enforce men to pay just debts and not to suff●r men to cheat men by such niceties Gouge on Ephes 6. Tract 5. pag. 271. col a. b. simple contracts against Executors nor to recover from the Executor of him that was Bayliffe or receiver of monies as it falls out in some cases is a great defect the reason of it is because the Testator might in his life-time have waged his Law But in some cases it is impossible that he should in reason by such gager discharge himself as when the money is an Infants and when there are witnesses to prove the contract This ought to be amended being but a Law of common right to enforce a mans Estate to pay Debts which are justly due 2 Kings 4.7 Exod. 22.26 27. Luke 6.35 and 7.42 38. There wants a Law for restraint of excesse and oversumptuousnesse in diet and house-furniture the excesse wherein doth ordinarily undoe and cause to goe to ruine the Estates of very many especially (m) Coel. Rhodig Lect. Antiq. lib. 9. c. 13. p. 330. Citizens and is the worst Thief in the Common-wealth except gaming and suretyship the Romans had Laws for restraint in this kinde and therein (n) In villaticis pastionibus sunt qui pro guloso accipiunt Aegyptio Regi

that there is no competent or sufficient meanes of maintenance setled for a Gospel Ministry but onely that which was ordained and continued by that Antichrist of Rome and his Vassals and ought not to be upheld or made use of by the people of God but with the Leviticall and Ceremoniall worship and the Temple to be abolished CHAP. XVI A Corollarie or Conclusion IN this discourse is clearly evinced the manifold impieties superstitions prophanesse oppressions falshoods uncertainties ambiguities prolixities and other enormities as well in the Theory as in the Practick-part of the Laws of England as they are now in use and practice some few of which evills were sufficient cause to decry and abolish any humane Law under heaven Insomuch that the civilized Heathens and Pagans in many things appertaining to distributive Justice both in their Laws and in the practice and execution thereof have shewed more impartiality reason and judgment than many of our Laws can admit and therefore it 's to be hoped that the great Patrons thereof will bee silent whilst other men seek to God and supplicate the supream Magistrate and Legislative power of the Land for a more perfect pattern and foundation whereupon may be built a more glorious structure Know the world will say that this Law is a sacred spark some excellent guift from above as * Grotius Pol. Max. part 2. c. 8. p. 68 69. Corol. in fine Bodin Republ. lib. 1. p. 58. Tit. Liv. lib 3. p. 110. H. all the Heathen generally held their Laws to be the very Records having gained the name scrinia sacra and the professors and practicers of it having found it as profitable as Diana was to Demetrius and the rest of his craft and therefore that it needs no alteration and it may be others will say it s an easie matter to finde fault with the Law but it s not so easie to amend it to all these I shall say this which I formerly hinted That the written word of God contained in the Old and New Testaments manifesting the minde of God by (a) Exod. 20.8 12. commands (b) Exod. 20.4 13. prohibitions (c) Deut. 6.3 4 5. exhortations (d) Rom. 12.2 19. dehortations (e) Psa 41.1 2. promises (f) Rev. 22.18 19. threatnings (g) Jude 6.7 11. judgements (h) Mich. 6.9 13 afflictions (i) Acts 13.10 11. objurgations (k) Jerem. 13.23 27. expostulations * Gen. ● 2● sarcasmes and l Amos 4.4 5. bitter taunts Ironical † Ezech. 28.3 4. affirmations and negations (m) Math. 23.15 16. reproofs (n) Math. 11.28 29. invitations (o) Hebr. 13.5 6. incouragements (p) Acts 12.7 11. signall deliverances (q) Isa 5.2 4 7. especial favours (r) 2 King 7.4 6 15. and leading providences commended to us in holy Scripture to teach us and sundry (ſ) Cant. 5.11 12 13 14 15 16. Gal. 4.14 Eph. 6.14 15 16 17. Tropical and (t) Apoc. 19.11 12 13. figurative expressions of his will to our capacities with necessary (u) Math. 22 31 32. Mal. 4.4 consequences from the word are sufficient to over-rule all cases instruct all Magistrates and Judges and to teach all duties towards God and man and that there need no other Laws but what are founded upon this ground and built upon the same foundation And by these were the Israelites happily governed without any other policy And this is all the Directory which the Lord by the Prophet Malachi left to his people to be their guide in that 400 years from his time untill John Baptist wherein there were to be no more Prophets Remember the Law of Moses my servant which I commanded unto him in Horeb for all Israel with the statutes and judgements Mal. 4.4 And where its commonly said that many sins are invented and faults found out since the Scriptures were written which cannot be obviated or comprehended in Scripture Laws It may be answered that there can be no offence new or old but it s (x) Psal 19.7 Psal 119.96 condemned in the word of God for example there are many Superstitions new Oaths and much false worship lately invented which no man will deny to be condemned by that word of God which forbids will-worship prophanesse and humane inventions in Gods worship that word which (y) This is agreed by Perkins Downam Dod Wolebius and generally all Protestants who have commented upon the Decalogue commands us to worship God according to his own will and appointment condemnes all newly invented false worship and that Law which commands us to reverence the holy Name of God or forbids the abuse of the same by prophane or vain swearing in one kinde forbids all other sins of the same kinde or nature And if it be so in respect of the first table much more is it to be granted that the Law of God is sufficient to teach all things concerning righteousnesse and sobriety being the duties of the second table whereabouts distributive Justice is chiefly conversant for that by one kinde of injustice all other injustice is forbidden as is herein before declared and might here be further insisted upon if it were requisite (z) Bodin Republ. lib. 4. cap. 3. p. 471. And it is to be considered that Law of man is so sacred as it s called but that upon urgent necessity it is to be changed And Solon that wise Law-giver after he had published his Laws caused the Athenians to swear to observe them onely for one hundred years Laws must be perused and some abroged and others established being but humane Laws For that there can be no setlement but upon the immutable Laws of God The Bactrians Egyptians Persians Carthaginians Athenians Scithians pretended their Laws to come from God And Mahomet affirmes his Law was delivered from God by Gabriel Plato that his Laws cam● from Jupiter and Apollo Cael. Rhodigi l. 18. c. 19. p. 698. 2. The last thing which may be expected as to the answer of the objection before mentioned that those that finde fault with the Law do not shew how it should be amended I shall onely set forth what course hath been taken by wise States and Common-wealths both in respect of their Judicatures and proceedings and humbly offer it to the wisdom of such as it concerns in this Nation and the Dominions thereunto belonging To judge what is right and may be most agreeable to the constitution of the Government and most conducing to the support of the authority of the Civil Magistrate both supream and subordinate and to the good and happinesse of the people that we may lead a quiet and peaceable life in all (a) 1 Tim. 2.2 Tit. 2.11 12. godlinesse and honesty and this is the end of all Laws and Government First therefore we will a little consider what the Jews who were the people of God and in the best times of their government when their rulers had

a number as might be such a Survey might do well in the Courts in these dayes to the end that the trivial frivilous and vexatious Suites being spewed out as (p) Lord B●kon Essayes the surfets of all Courts such as were of good use and concernment might have time to be determined (q) Sueton. Tranq in vita Claudii N●ronis sect 17. It was a Law amongst the Romans that no Clark or Notary who was to draw or write any other mans Will should put down any Legacy for himself Also that impleading and deciding of controversies all those causes which aforetime were debated before the Masters of the Exchequer or Citie Chamber should be removed into the Common-Hall there to be tried and that appeals from the Judges should be made onely to the Senate (r) Bodin Republ. l. 4. c 6. p. 500. 502. The Historian commendeth this practise Sueton. Tranq in vita Augusti Caesaris sect 33. Idem in vita Tiberii sect 31. 33. Augustus Caesar used to sit daily in Judgement to hear Causes in the Tribunal or if he had not health then in his own house (ſ) Idem in vita Flavii Domitiani sect 8. Flavius Domitianus used also to sit in Judgement upon the Tribunal and many times reversed such Judgements as were given for favour or obtained by flattery he warned the Judges not to give ear to perswasions and Rhetorical assertions and such Judges as were faulty he used to tax publickly and he was so carefull to chastize the Magistrates that the Historian saith they were never more temperate and just in their places than in his dayes (t) Bodin ut supra p. 415. Romulus left the ordinary Administration of Justice to the Judges but reserved the greatest matters to his own Judgement (u) Godw. A●●i Rom. l. 3. S●ct 4. c. 6. The Romans had a Law that no Senator should use any Trade but those were utterly forbidden the use of trading for fear it should breed favour or corruption And another Law of the Romans was (x) Idem l. 3. Sect. 4. c. 17. Ex Cicerone de Senectu●e that no Advocate or Oratour should receive any gift or reward from his Client for pleading his Cause for that they were paid by the Common-wealth which was a very (y) Cook Essai pag. 185. indifferent way for all people Cock Essay pag. 185. (z) Rous Att. Ant. l. 3. c. 1. pag. 110. and pag. 111. 112. The Graecians proceedings in their Courts was like to the Romans and if the Defendant did not appear upon the Summons he was taken by default and if he would have any ease against the Judgement he must bring the Cause on to hearing against himself within six weeks or else the first Judgement to stand That Defendant which had not five of the Judges voyces for him was to be fined and the Plaintiffe that made not good his charge was to pay costs And if the Cause were Criminal before the Suit was allowed to proceed the Prosecutor took his Oath that his accusation should be just Cook English Law p. 103. To conculde good Laws are more securitie to the people than good Magistrates our Laws have sufficient in them to bring in the whole body of Popery except the Popes supremacy and to destroy all the faithfull people of the Land and therefore it 's to be wished that the Laws were (a) L●chfords New● pa. 26. In the great C●u●t at new England held twice in ●he y●ar like our Assizes the Matters of the Charge to be inquired of are reduced by the Governour who gives the Charge under the Heads of the Decalogue made agreeable to the Laws of God and then if the proceeding and execution of them were either like the Jews the Graecians or the Romans and that all ordinary matters might be decited and determined in the proper Counties it would be found I doubt not a great blessing and happinesse to the people And I cannot imagine what can be said against this but that which is called reason of State the very name whereof an honest Pope abhorred This (b) Grotius Pol. Max. par 1. c. 4. p. 31. 32. as one saith was anciently the same with Equitie but as now it s used in the world is nothing else but a device that carries the face of equitie supposing it Lawfull not onely to transgesse the Laws of men (c) Bodin Republ l. 1. pag. 104. accounts this a thing most absurd The three Temples belonged to the Templ●rs untill Ed. 2. his time and thence to the Hospitallers untill the desolution in the time of H. 8. but even the Laws of God for Politicke ends And since Machiavel plaid Achitophel this for shame is called reason of good government 1. This policie will tell us that thee hange of the Laws the practice thereof will dishonour and demolish the most famous Universitie in all the world for our kinde of learning the Inns of Court and of Chancery 2. It will Eclipse the glory of Westminster and a great part of London whose inhabitants live by lodging and victualling 3. That tediousnesse of Law-suits and the great expences thereof are to be tolerated as a necessary evil or punishment which serves to keep men quiet and deterre them from many unnecessary Suites which otherwise would be commenced but that they fear the remedie may be worse than the disease 4. That the Law is a (d) Tyrants use to imploy their Tributaries in wars abroad or idle and needlesse Trophies that they might want leasure to think of other things Jun. Brut. Vind. Con●r● Tyran p. 10● Upon this ground stage-playes and Stewes are suffered in some Countreys necessary evill to keep men from contriving and practising Worse mischief in the Common-wealth which they have no leasure to do whil'st they are wrangling and jangling about Law-suits 5. That expence on Law-suits is a good means to keep such men who are of restlesse and unquiet spirits poor in the Common-wealth whereby they are disabled to make head against the Government These and such like props for upholding this frame of building appear upon the first view to be too weak and unsound to prop up the same being herein already answered and are all overthrown by that rule of Scripture (e) Rom. 3 8. We must not do evil no not the least that good may come thereof Now seeing it hath pleased the Lord our God to bring us not onely out of that iron furnance and darknesse of Egypt the hard service and ignorance of Popery but also to give an end to our wildernesse miseries and to settle us in peace after all our wars and distempers and so to put us into a condition as the Israelites to receive good and wholsom Lawes let us learn Gods end in this and know for our instruction what is recorded by the Holy Ghost Psal 105. v. 43.44.45 hee brought forth his people with joy and his chosen with gladnesse c. And

gave them the Lands of the Heathen and they inherited the labour of the people that they might observe his Statutes and keep his Laws A POST-SCRIPT Containing sundry Positions founded upon the holy Scriptures serving for principal grounds of Laws amongst Christians 1 FIrst that the holy Scriptures are of Divine Authority the rule of life and good manners Isa 8.20 Gal. 6.16 Eccles 12.10 Luke 16.29 31. 2 Tim. 3.16 17. 2 That Christian religion reformed contained in the holy Scriptures is to be held forth as the general and publick profession of the Nation Math. 10.32 Luke 12.8 Rom. 10.9 10. 3 The holy Scriptures are to be publickly and constantly read in the Congregations Act. 13.15 and 15.21 Deut. 31.11 12. Neh. 8.18 4 The worshipers of idols or false Gods and such as draw others to idolatry are not to be tolerated but to be punished severely Exod. 22.20 Deut. 13 5.8 9 15. Job 31.26.27 28. Exo. 32.27 28. 5 Blasphemous cursing and speaking reproachfully against God is to be punished with death but not every errour or reputed Heretical opinion or which is accounted blasphemy Lev. 24.11.14.15.16 1 Sam. 17.43 45. Job 2.9 Dan. 3.29 6 The conscience of the weak is to be perswaded not to be enforced contrary to the light thereof especially in case of things indifferent Rom. 14.3.13 23. Act 15.24 28. Gal. 5.1 7 That the publick worship of God is to be commanded and provided for by the Supream Civil Magistrate 2 Chron 14.3 4. and 30.6 and 31.2 1 Kings 8.1.5 15. 8 The Supream Magistrate if not known by evident Demonstration that he is designed of God to Government by conquest or special deliverance wrought by him is to be chosen by the people 2 Sam. 5.1 3. 1 Chr. 11.1 3. Psal 78.70 Deut. 17.14 15. 9 That there ought to be Government of several sorts and degrees subordinate from the Monarch or Chief Magistrate unto the number of ten in every Village and these to be appointed by the Supream Magistrate Exod. 18.21 22. Numb 11.16 17. Rom. 13.4 10 That all matters of controversie wherein one man wrongs another are to be judged by the Civil power in the hands of Magistrates and Judges 1 Sam. 2.25 Exod. 18.21 22. 1 Peter 2.13 14. 11 That the Supream Magistrate is Judge of all great and weighty Causes and the word of God ought to be his rule Exo. 18.22 26. Num. 27.5 8. Deutr. 1.17 Lev. 24.11 12 Many thing are to be Judged according to the discretion of the Judges with reference to the Law of God and such Judgments not to be accounted Arbitrary much lesse to savour of tyrannical Government Exod. 21.22 30 35. Numb 27.8 1 Kings 2.44 and 3.16 25 27. 13 No man ought to be a Judge or Magistrate but he that hath abilities of nature grace that feareth God and hateth covetousnesse ordinary Jurors not to be allowed as competent Judges of matters of fact for want of qualifications Exo. 18 22 26. Numb 11.16.17 and 27 18 20 Acts 13 22. 2 Sam. 23.3 14 Magistracy is to be reverenced and the contempt thereof punished according to the offence Exo. 22.28 Acts 23.5 2 Sam. 16.5 6 7. 1 Kings 2.44 15 The power and Authoritie of the Supream Magistrate is to be upheld and maintained and the Common-wealth defended by the Estates and strength of the people Mark 12.17 Math. 17.27 Rom. 13.6 7. 16 Disobedient Children sons of Belial without Yoke given up to drunkennesse and excesse of Riot such as curse strike and abuse their parents are to be severely punished and being found incorrigiable are to suffer death Deut. 21.20 21. Exod. 21.15 17. Math. 15.4 17 Every man ought to rule in his own house the Magistrate upon complaint to rectifie abuses therein Deutr. 21.19 20. Hester 1.20 22. 1 Tim. 3.4 Exod. 20.10 18 He that wilfully killeth any person although in hot bloud and upon some petty provocation ought to suffer death Exod. 21.12 Rev. 13.10 Lev. 24.17 21 22. 19 He that hurteth or striketh another is to be punished according to the hurt to pay for the cure and recompence the party hurt for his damage and losse of his time and if the hurt were done malitiously and presumptuously he is to pay eye for eye tooth for tooth 21. Exod. 18.19 Levit. 24.19 20. Deutr. 19.21 20. Such as make uproares in the Common-wealth where death follows or is occasioned by such uproares are to suffer death Luke 23 19. 2 Chr. 23.14.15 2 Sam. 20.21.22 21. a All Adulterers a Buggerers ● Witches b Sodomit●s b Ravishers and prof●ssed or common ● Whores are to be put to death and so are all such as commit a Incest in the nearest degrees truly so called a John 8.5 Levit. 20.10 Jer. 29.22.23 a Exod. 22.19 Levit. 20.15.16 a Exod. 22.18 Levit. 20.6 b Levit. 20.13 and Lev. 18.22 b Deut. 22.25 2 Sam. 13.14.29 a Gen. 38.15.24 b Levit. 20.11.12 and 18.6.7 22. Fornicators are to be punished severely and to make satisfaction to the parties wronged by such uncleanesse Exod. 22.16.17 Deut. 22.28.29 Jude 7. 23. All wantonnesse laciviousnesse and filthy acts of uncleannesse are to be severely punished by the Civil Magistrate Prov. 6.29 Jude 7. Deut. 25.11.12 24. That for felonies of Goods or Cattle stollen the Thief not to suffer death but to make restitution according to Gods Law as the case shall be and be bounden to serve in case he cannot satisfie Prov. 6.30.31 Exo. 22 1.7.4 7. Job 20.15.18 2 Sam. 12.6 Luk. 19.8 25. That for publick and presumptuous theft to the great prejudice of the Common wealth or where murder followeth the Thief shall suffer death Josh 7.11.25 2 Sam. 12.5 Exod. 22.2 26. That no man to be convicted in any case Capital but by the Testimony of two witnesses at least Deut. 17.6 2 Cor. 13.1 Heb. 10.28 Numb 35.30 27. That a single witnesse shall convict no man in any case without other proof or evincing circumstances Deut. 19.15.18 John 8.17 and 5.31 Math. 18.16 1 Cor. 13.1 28. That a perjured or malitious false witnesse shall suffer the same punishment or losse which his false Testimony regularly should cause another to suffer and the suborner of Perjury in like manner Dan. 6.24 Deut. 19.18.19.21 Prov. 19.5 29 That for all trespasses by ones self or any other by his appointment the wrong-doer shall make satisfaction both for damages losses Gen. 31.39 Deut. 22.19 Exod. 21.28 Exo. 22.5.6.9 30. That for all losses by breach of covenant or promise satisfaction to be made by the wrong-doer both damages and losses Gen. 31.39.28 Exod. 22.10.12 Levit. 19.13 31. Where a man is over-wrought and deceived in any contract or covenant the deceived i● to be relieved and not to be bound by such agreement 1 Thes 4.6 Levit. 19.13 Isa 1.17 and 58.6 32. That where a man at liberty and of aged discretion swears to perform any lawfull contract or agreement he is to be enforced to perform it although he were deceived 1 Kings