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 Superstitiouâ— 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 Staâ—â—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
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 Bâ—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 Nâ—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 (Å¿) 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. Aâ—â—i Rom. l. 3. Sâ—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 Senectuâ—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) Lâ—chfords Newâ— pa. 26. In the great Câ—uâ—t at new England held twice in â—he yâ—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 Templâ—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. Conâ—râ— Tyran p. 10â— 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
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. â—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 Conscientâ—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
of the Moral and Judicial Laws As for the Ceremonial Law that was not properly belonging to distributive Justice but concerned every particular man as the immediate service of God To conclude this point If the Law were just and equal as it ought to be there were no need of any Court of Equity And the Law as now it is having need of such Courts of Equity as these are is an Oppression of the People and so clearly against the (r) Isa 10.1 Law of God The Court of Wards was a Court mixt of Law and Equity and there he that was but a Termer or (s) Sewals case Court Wards Carol. 7. Tenant of Lands holden in Capite or Knights-Service for any long time as 100 years or above was adjudged in the Kings Case to dye seised because that he had the Land and the Reversion was worth little or nothing And these long Leases were made to defraud the Lord of his Wards So if a mans Lands were in the hands of Trustees at the time of his death they decreed the Land to descend to his Heir as to some purposes The Court of Exchequer is likewise a mixt Court insomuch that if a mans Land were extended for Debt due to the King or a Judgement against him upon a Recognizance the Court might and usually did moderate the rigour by installing the Debt and sometimes discharged it upon matter pleaded And this is agreeable to Law that such Debts should not be levied to the great grievance of the Subject Here Equity and Law are brought together which I remember not to commend the Court of Wards which was a heavy Burthen nor yet the Exchequer in every thing but to shew That Law and Equity have been and may be both dispensed in one Court as is herein before set forth And what hath been said upon the Bench by the (t) Sir John Smith L. Keeper his Speech in Chancery Lord Keeper or Lord Chancellor in my hearing viz. That the Lord Chancellor in that Court was trusted with the Kings Conscience but he could not delegate it to another as if the King in respect of his Soveraignty had power to dispense with the Law which the Judges might not do without delegacy from him (u) The Judge as well as the Prince may judge according to conscience and what is right in the one is right in the other and that which is wrong in onâ— why should it not be wrong in the oâ—her It 's lawful for no man in judgement to swerve from Equity and Conscience Bod. Rep. lib. 6. cap. 6. pag. 768. This is an unreasonable Conceit to think that any Authority or Power on Earth can give any liberty to swerve from the Rule of Gods Word and Right Reason It were to put that upon the Supreme Magistrate as was said of one of the Popes That he was Nec homo nec Deus sed inter utrumque And so much in general of this matter CHAP. X. That all such as chiefly require a remedy in a Court of Equity may easily be determined by the Judges in Courts of Law if the Law were amended as it ought to be And herein that which is usually said for the upholding of Courts of Equity is answered THat which in the former Chapter is said concerning a Debtor having relief onely in Equity against the Penalty of a Bond or in an Action brought upon a single Bill which is paid being things most common in every mans practice I have therein sufficiently answered and cleared it That the Judges of Law might easily determine all such Causes without a Court of Equity The Court of Chancery was anciently Officina Justitiae and the Lord Chancellor used to sit as Chief Justice of the Common Pleas and no mention made of a Court of Equity until the Reign of H 6. and Ed. 4. Coke Inst 2 part p. 552 by ordering the Plaintiff to take and accept what is due upon the Bond or any Specialty wherein there is a Penalty and by admitting the Defendant to plead payment at the day to a single Bill And where Money is not paid at the day to allow Damages for the time according to the Plaintiffs loss So joyning Law and Equity together to make up perfect Justice and that is all which needs in such cases Those things which are most stood upon for upholding of these two Courts or Distinct Powers and Jurisdictions are such as these following Object 1. First it 's said That in cases of Mortgages forfeited there is no remedy at the Common Law a This is against Gods Law and the Law of Charity 1 Cor. 6.8 9. 1 Thess 4.6 Matth. 7.12 Luk. 6.31 but the Mortgager must lose his Land fot how little soever it be Mortgaged without any relief elswhere but in Equity And therefore this being a matter of great Concernment ought to be remedied in a Court of Equity Answ 1. If it be remembred what is said before concerning Bonds and other Specialties with Penalties that partly answereth this Objection for in an Action of Trespass and Ejectment if the Defendant might have liberty upon the general Issue pleaded to give in Evidence what the original Debt was for which the Lands were Mortgaged and what Profits have been taken by the Mortgagees the Debt and Damages for the Money may suddenly be computed or found by a Jury And if the Judges in such case as in case of a forfeited Bond enforce the Mortgagee or his Heir in case he bring the Action to accept the same principal Debt and Damages with reasonable Costs if he did not formerly refuse it without more ado and release or assign the Mortgage which might be easily done with a little Amendment of the Law What use were there of a Court of Equity Obj. 2. The like may be said concerning Covenants or Conditions broken in other cases where a man Covenants to pay Rent or make repairs or hath an Estate with a Proviso or subject to a Condition of Re-entry for non-payment of Money (b) This extremity of rigour is the worst Oppression in the Commonwealth a transgression of Gods Law Isa 58.6 Ezek. 18.7 Eccles. 5.8 1 Sam. 12.3 and for performance of Covenants enters into a Bond of a great Penalty or shall lose some considerable Estate for some petty neglect or non-payment of some some small sum of Money as I have known a Lease worth Five hundred pounds at least lost for non-payment of Five pounds Answ In these cases the course above-mentioned is a sufficient Remedy to finde out the Damage sustained by the non-performance of the Covenant which may be as well done with a little Alteration in an Action of Debt upon the Bond as upon an Action of Covenant which is ordinarily in use and in case of a Condition broken to ascertain the Damages and appoint the Plaintiff to accept thereof as aforesaid This is remedied partly by the late Ordinance for Regulation of the Chancery
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 Maâ—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. sâ—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 Abimelâ—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 â—qâ—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