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
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 suâ—h â—s are said to be made in Affirmance of the Common Law as oâ—â—â—rs Introductory of New Laws coâ—tain iâ— them gâ—â—at Oppressions and Wrongs to the People aâ—â— oâ—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 sâ—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 prâ—ssâ—re of the Common People The Statuâ—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 Kiâ—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 mâ—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 Exceptâ—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 Kâ—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
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 shâ—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 possâ—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 Serviâ—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 Statuâ—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. sâ—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 Serviâ—es and this an Alteration of the Common Law 15. All the Laws and Customes concerning Villains Cok. Com. Litt. Tâ—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-holderâ— 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 Thomaâ— 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 frigidâ—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
a learnâ—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 Offiâ—ers and â—â—â—â—â—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 oâ— 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-â—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 Expâ— M. L. Ex. â— 1. p. 8. how far the Civil power hath to do in matters appertaining to Religion and what those iniquities are which as (b) Jâ—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) Gâ—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