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 â—ff insomuch that many times you shall finde above twenty cauâ—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 â—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 sâ—ll Offices the Qâ—â—stoâ—ship was granted according to the worth of the Suiters untâ—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 proâ—use beast Heliogacalus although he found thâ— State much in debt refused to make Sale of any Offiâ—e saying Non Paâ—iâ—r mercatores Potestatum and
Creatures he prohibited under a severe penalty Prov. 12.10 Deut. 14.21 Exod. 23.19 66 That Men-stealers be punished by losse of life and as the greatest Felons in the World Exod. 21.16 Deut. 24.7 1 Cor. 6.6 67 That Marriage of children without Parents consent be disanulled and Marriages with Infidels prohibited Ezra 9.14 Gen. 27.46 Mal. 2.11 Hest 1.22 Numb 30.5 68 That strange fashions and Whorish attire be prohibited by Law and all persons ordered to wear Apparel fit for their degrees and callings Zeph. 1.8 Isa 3.18.19 Prov. 7.10 Gal. 5 9. Deut. 7.3 69 That the matter of divorce be setled in the Magistrate onely in case of Adultery that Marriage likewise be solemnized in the presence of some publick Magistrate in an open place after due publication Ruth 4.9 Math. 19.9 Mark 10.12 Luke 16.18 70 That unlawfull Magick and the Rudiments thereof Judicial Astrologie and all other such wicked Arts be prohibited under severe punishments Deut. 13.1.3 and 18.10.11 Ezech. 21.21.22.23 Dan. 2.2 Jer. 10.2 71 That Heirs may be bound to pay the Debts of their Ancestors after the Lands which descended be sold as well as before so far as the Land extends and that an Action of Accompt or Debt upon contract may lie against an Executor or Administrator for the Debt or duty of the Testator so far as he hath assets 2 Kings 4 7. Prov. 22.26.27 Rom. 13.8 72 That the Processe in all Cases of Suite be onely a Summons which being duely served if the Defendant refuse to appear or shew not sufficient cause to the contrary the Plaintiffe may proceed to his proof and so to hearing or trial as if the Defendant had appeared Numb 16.11.14.28.32 Deut. 25.8 Hest 1.10.11.19.21 73 That no man have final Judgement against him by default without proof in any Case be it never so small unlesse the party accused do at the time of the Judgement openly confesse the fact Numb 35.30 Deut. 17.6 1 Kings 8.31 74 That common lyars and Inventers of false news slaunders may be punished as disturbers of the peace Psal 101.7 Prov. 26.20 Levit 19 16 75 That the Superstitious and Paganish names of the moneths and dayes be changed and called by the names of first socond and third c. according to the Scriptures Levit. 20 23. Exod. 12.2 Deut. 12 3.4 Genes 7.11 Genes 1 5. Ezech. 32.1 Psal 16.4 Exod. 23.13 76 That the body of the Law may be collected into a volume that it may be known to the Supream Magistrate and to the Judges and the people 1 Sam. 10.25 Deut. 17.18.19 Exod. 20. from verse 3. to the 9. verse of Chap. 23. Hester 1.19 77 That all the Tythes and Gleab Lands with other things called Church dues may be sold and that a more fit and lawfull maintenance be provided for the Ministers of the Gospel Hebr. 7.9.12 1 Cor 9.7.8 9 12.14 Gal 6 8. 78 That no Monarch or Supream Magistrate may usurp that Impious priviledge to pardon murder if ever any such pardon should be granted in any age hereafter the same may be declared void Numb 35.31 Levit. 24.17 Exod. 21.12 Jam. 4 12. Prov. 28.17 79. That some course may be taken by a Law for ballasting the Trade of the Common-wealth and for relief of the Inland Cities and Towns of the Nation 2 Cor. 8.13.14.15 Exo 16 18 Josh 13.32 80 That Godly learned men may be incouraged to labour the conversion of the Iews and to that end to learne the Portugal's and Italian tongues that they may be able to preach to them for that in most part of the World they understand those Languages Rom. 11.25 26. Isa 43.6 and 59.20 and 60. whole Chap. Rev. 81 That interest of money be not suffered to run or be exacted upon poor people which borrow for their necessitie for food and cloathing or grow poor by the hand of God Neh. 5.10.11.12 Exod. 22 25 26 27. Levit. 25.35 36. 82 That all Laws which upon examination shal be found repugnant to the Laws of God or oppressive to the people may be repealed Mich. 6.16 Psal 94.20 Isa 10.1 2 3. 83 That Guards of Souldiers and Armes are necessary and to be used for safety of the Common-wealth and of the Princes person 1 King 1.38 2 Sam. 23.8 to the end 2 Sam. 20.23 2 Kings 11.8 2 Chro. 23.7 10. FINIS ERRATA IN the Epistle pag. 2. lin 5. add he before little lin 13. for of read and. pag. 13. and pag. 16. in the Margents for Cok. read Cock pag. 49. lin 19. for chuse read cheat and lin 20. for use read trust pag. 56. lin last save one for deductions read dedications pag. 61. lin 14. for habâ—ntes read habentis pag. 63. lin 21. add help pag. 87. lin 2. for fined read feigned pag. 106. lin 2. for maney read money and lin 6. add it pag. 108. no. 3. add been and for started read sterved pag. 109. lin 1. for excrementious read excremâ—ntitious pag. 114. lin 4. add on lin 6. put out some pag. 116. lin 18. for were read was pag. 117. lin 8. add of pag. 123. lin last for Judges read Indiâ—s pag. 121. lin 12. for Balington read Babington pag. 128. num 22. for seeing read seeming pag. 131. num 29. lin 9. add but. pag. 132. lin 1. add punished pag. 133. for in estate read intâ—statâ— â—ad lin 8. add nor ead num 35. lin 6. for some read come pag. 135. num 39. lin 10. for purâ—ly colouâ—ed read paâ—ty coloured pag. 139. num 40. lin 8. for counsels read Consuls pag. 140. lin 14. for Ciâ—y read Citiâ—s pag 145. lin 3. add l. pag. 146. lin 16. add noâ— pag. 148. num 1 fo Summe read Summons Scripture-Groun num 46. to be to be read before brought up
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
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
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 aâ—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 câ—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 Noâ—m tit Suit oâ— 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. â— 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 â—nst l. 4. T. 18. â— 17. p 324. Westm 1. c. 2. Stamf. pl. Coro l. 1. c. 9. Art Clâ—r 9 E. 2 c. 16. The Law concerning Man-slaugâ—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
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
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. 9â— 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-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. foâ— 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 Maâ—iage A vinculo Maâ—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 vâ—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 suâ—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 supprâ—sse the Rudiments of unlawfull (z) Perkins 1. vol. com p 43. Deut. 13.1 3. aâ—d 18.10.11 Magick and (a) Tit. Livius l. 8. pag. 294. and lib. 39. p. 1033. C. Wizards and fortune tellers sevâ—rall times banished by the Romans and thâ—ir bookes burned seâ— the place last above mentioned Tac. Annal. l. 2. c. 8. p. 43. and Hâ—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 Heatâ—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
every day (f) Bodin Republ. l. 4. câ—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 dirâ—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 Witâ—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 Tâ—â—peâ—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. â— 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 thâ—s is to have all mens estates inrolled in the Counties where they are As the Jews had their estates with their Pedegrees inrollâ—d Ezra 2 6â— 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 suffâ—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
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. Wâ—llâ—t Hexe in Exod. c. 18. ver 21 22. quâ— 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. Thâ—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. Traâ—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
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 Judgemenâ— 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