Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	witch_n	witchcraft_n	witness_n	24	3	7.0844	4	false

Text snippets containing the quad

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

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

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

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