when these Grants and Customs were procured and confirmed And it appears clearly upon perusal of the Statute called Magna Charta That the same was but onely the Grant of King Hen. 3. and the confirmation of King Edw. 1. and some of his Successors and the end and scope of it is the upholding of Tyrannical Government and the advancement of the Power of Anti-Christ And although by some particulars in the said Charter Tyranny seemed somewhat to be eclipsed or bound up by the Kings own Consent yet in other particulars it is as much enlarged and confirmed which appears upon view of the Second Third Fifth Seventh Eight and twentieth One and thirtieth and Two and thirtieth Chapters of the said Charter wherein provision is made according to the Law of the Normans (g) See the Customs of Normandy upon these subjects in the several Titles to settle Tenures by Knights Service and Capite and all the Slavery and Oppression which that Tenure drew with it to wit Wardship of the Body Primer Seisin Mesne Rates Marriage Relief Suing Livery or Ouster le Main and all such-like Miseries as were the Badges of a Conquered and Enslaved Nation All which Laws are as it 's hoped taken away with their Rack or Inquisition-house the late Court of Wards And besides this the Laws imposed upon the People were then written either in French or Latine which the Vulgar of the English understood not and yet they were bounden to obey under severe Penalties And although some of those Laws have been since translated yet many of the old Statutes and the bulk of that which is called The Common Law do yet remain in the Latine and French Tongues untranslated to the shame of the Nation as if we were resolved for ever to wear the Tokens of our former Captivity That this Charter called Magna Charta chiefly intended the advancement of the Power of Antichrist there is nothing more evident and needs no other proof but what is therein contained (h) Preface to Magna Charta First in the preface of King Hen. 3. to the said Charter it 's mentioned to be granted for advancement of holy Church that is the Church of Rome and the same is done in the Confirmations of the same Charter (i) Stat ' 25 Ed. 1. c. 1. 1 2 Ed. 3. 1 R. 2. by divers of the succeeding Kings And the Grants to all the (k) Coke Inst 2. part Pa. 1. In Charters of Creation of Dignities the directions have always been Archiepiscopis Episcopis Ducibus c. and his restibus in the end as Magna Charta hath which is a Badge of the Kings Grant and no Act of Parliament Archbishops and Bishops Abbots Priors and all those Popish Orders clear what was intended by the said Charter In the beginning whereof the King granteth to God that is either to the Pope or the Priest for so it 's to be understood in the Law where a Mortuary or Tythes are paid they are said to be given to God but they go to the Priest So a Deodand whatsoever moveth to the death of any man accidentally slain is said to be given to God but it was used to be disposed of by the Kings Almoner who was some Bishop (l) Ans 5 Rep. Coke Caudreys Case Instances in all the Kings from the Conquest until Ed. 6. c. 7. p. 155 156 160 168 to the end of the Book Then in the first Chapter the King grants That the Church of England shall be free not from Rome for the Pope rode the whole State both Ecclesiastical as they called it and Civil from the Conquerors time until King (m) Fournier Orbis Notitia part 1. l. 5. c. 12. p. 225. Preface to Magna Charta c. 5. 14. Hen. 8. but from the Secular Power that is Antichrist shall so far prevail and be exalted that all his Vassals Priests and Clerks shall be free from the Temporal Laws and Civil Power or Authority Insomuch that if the Ordinary would acknowledge any man for a Clerk he should be taken from Judgement and be discharged of all his Crimes and Offences be they never so heinous And the Priviledges granted to the Popish Clergie in the 5th and 14th Chapters of the said Charter do further confirm what the Kings intention was in making the said Grant or Charter nothing more then the advancement of the Popes Power And as concerning the Charter of the Forest a (n) Charta Forestae c. 6 9 10.11 considerable part thereof contains matters trivial and of mean concernment And that part of it which beareth the most weight was in it self a great Oppression to the People And the best which can be said of both the said Charâ—ers is That they were (o) Magna Charta est liber seu Codex Constitutionum quas Hen. 3. ad utilitatem subditorum suorum promulgabat c. Cowel Instit Index Exposit Lit. M. the Badges of a Popish Kings Favour and are said to be granted for the Salvation of his Soul and the Souls of his Progenitors and Successorâ— And we may remember how by colour of the said Charter of the â—orest the Justices in Eyre tyrannized over the Pâ—ople living in or near the Forests not long since the most considerable part of the Nation (p) Cok. Engl. Law p. 48. being like to have been brought within the compass of the Forests and subject to these Forest-Laws And what vast sums of Money have been exaâ—â—ed for Fines imposed for building hedging incroaching and other advanâ—ages taken against them in the said Forests And what Wrongs and Oppressions have been done to the said Inhabitants by the coâ—our of the said Laws it 's too well known And (q) Cok. Engl. Law p. 25. how many Towns have been destroyed to make a Forest and yet the poor People might not kill the Deer although they did eat up and spoil their Corn what price soever it beared But it is to be hoped That the Lord Protector will put these Forests to some better use then formerly they have been put unto the (r) An ancient Manuâ—â— Expos Forest Law fo 1 3. Original of them being for Coverts for wilde-beasts and wilde-fowl And lastly these Charters although haply they do contain some things which were the Laws and Customs of England before that time yet they have also the Laws and Customs of Normandy thereunto added having no shew or colour of an Act of Parliament in which the People were interested as parties to the mâ—king thereof both the said Charters being called The Grants of King Hen. 3. and the Confirmation of K. Edw. 1. (s) See the conclusion of Magna Charta The Statute de Bigamis is said by Shard Justice to be no Act of Parliament upon this ground Coke Instit 2 part p. 267. And in conclusion termed The Kings Letters Patents as all other the Kings Grants are and the Witnesses Names subjoyned in Testimony thereof which
should we depart from them being none of those Ceremonial or temporal Laws which now being abrogated are unlawful to be used Exod. 18.13 21 22. Numb 27.1 2. Deut. 17.6 10 11. Ezra 7.25 26. Acts 25.9 10. 54. That no man can be punished upon Indictment for breach of any penal Law be the matter never so plain except in some few cases lately provided for (u) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 3. c. 2. fo 69. The bill found by the Grand Jury is but an Accusation until the matter be found by two Juries unlesse the offender will confesse the fact which causeth few or none to be punished for wilful breach of the best Laws in force by reason that the Prosecutor is forced to be at so great a charge to promote the execution of Justice and every petty Errour is sufficient to overthrow the Indictment being but a mistake of a word or syllable it 's fatal being helped by no statute of Jeofails Thus such as are Indicted creep out by one means or other the Prosecutor or Informer being never favour'd in any Court and seldom any Common Jury will finde for the Prosecutor it being a common saying amongst such Jurors that if they finde for the plaintiffe they shall have nothing for their labours By this means most of the penal Laws stand as so many scar-Crows effecting nothing (w) An ineffectual Law is quasi Campana sine Pestillo A bell without a clapper Danaeus Hawk Right of Dominion l. 2. c. 9. p. 65. This course in proceedings is faulty three wayes 1. It 's too Tedious and chargeable to the Prosecutor 2. It puts the Jury into the place of the Judge as before is said 3. It 's an encouragement to Offendors and in all these against the Law of God Acts 24.22 26. Exod. 18.22 Eccl. 8.11 55. Purgation by Ordael or Ordaeals when such as were accused of Crimes were put to their tryal by (x) Glanvil l. 14. c. 1 2. Cow Interp. verb. Ordael Combate by fire by hot water or cold water and so according as they came off they were pronounced guilty or not guilty Concerning the first I have herein formerly spoken That which was performed by fire Verstegan Rest decayed Intell. Pa. 50. 51 52 53. was either by taking red-hot Irons into their bare-hands or walking bare-foot over red-hot plow-shares blindfold That by hot water was by thrusting the parties Armes aâ—cused into boyling water to the Elbows That by cold water was by casting the party accused into a deep pit with a cord under his or her Armes In these cases if the accused partyes go over seven plow-shares being laid a little distance one from the other and either tread besides them being blindfolded or treading upon them with their bare feet or taking the hot Irons in their bare hands have no hurt and so if the parties putting their Armes into the hot water be not scalded or he or shee that is cast into a Pool do sinke and then come up again without hurt they are pronounced innocent and not guilty but if they are burned by the hot Irons or scalded by the hot water or cannot sinke in the cold water as likewise he that is slain or vanquished in the combate in such cases they are pronounced guilty Of these Sorceries for they are no better invented by Pagan Conjurers the old Law-books speak largely that the same were used before and after the Conquest and the (y) At Hampton in Arden Com. War A Woman suspected for a Witch was so tryed by the rude people for which they were indicted 1653. It s said some of these Trials are taken away by a statute of H. 3. but seems to be very obscure and doubtfull rude people use to try Witches by cold water as above is said until this day And although these Ordaeals be not commonly used yet they may be there being no Law as I take it against them but only a decree of Pope Stephen II. which is no binding Law These superstitions were never ordained to try or acquit guilty persons or such as are queâ—â—ioned for their lives they ought to be tryed by the testimony of witnesses Deut. 17.6 Numb 35.30 Heb. 10.28 56. (z) Coke l. 7. Calvins case fol. 2.19 28. That the King heretofore should have had to his own use all such Lands as any stranger borne of parents out of the Kings Allegiance purchased in England is an unjust Law and contrary to that which was used of old times and mentioned in the Holy Scriptures where men were admitted to purchase Land amongst the heathen and to enjoy the same Abraham bought a Field of Ephron the Hittite and enjoyed it and Isaac and Jacob had it after him as appears Gen. 23.17 18. compared with Gen. 49.30 31 32. 57. (a) Swinburn Tract Wills par 2. sect 14 15. Part. 5. sect 3. That Anabaptists such as deny the Baptism of Infants are accounted in our Law Apostata's and are not capable to make any will to be Executors or to receive Legacies this was not only held to be Law in times of popery but hath been since so determined the same is a wicked and unjust Law for if it should be granted that these men hold an Errour about Infants Baptism which may be questioned yet it cannot be thought to be an Errour in the foundation or a rejecting Christ and the Gospel nor so bad as to hold that all Infants although the Children of Pagans unbelievers and excommunicate persons ought to be or may be Baptized because this is contrary to these mens own principle grounded upon that Acts 2.39 Acts 2. The promise is made to you and to your children and to all that are afar off even as many (b) By this Scripture only the Children of believers or such as are called have right to the promise as the Lord our God shall call But howsoever this opinion cannot take away the civil right or property of any man to the things of this life to which the most wicked man living may have (c) The King hath Power and Soveraignty The property and possession of every mans things yet reserved to himself Bodin Republ. lib. 1. pag. 110. 111. a civil right This therefore is an unjust Law Gen. 14.23 Numb 22.30 32. Acts 5.4 58. The like Law is concerning (d) Coke l. 5. fol. 25. Hereticks who are such in our Law as deny any Article of the Creed if it be but the locall descention of Christ into Hell or such whose opinions have been condemned by a General Council as the Papists will tell us the Protestant reform'd Religion hath been by the Council of Trent 2 H. 5. cap. 7. and other Popish Conventicles and that the Doctrines of our Religion have been condemned by several Acts of Parliament Swinburn Treat Wills pa. 2. Sect. 14. pa. 5. Sect. 2 Doct. Stud. f. 115. b. c. 29. under the name of Lollardries the Professors
Examen Legum Angliae OR THE LAWS OF ENGLAND EXAMINED By Scripture Antiquity and Reason Cujus Author Anagrammatῶs est Ἀ νόμος βο̂ᾳ ὡς βαÏÏ MALACHI 4.4 Remember ye the Law of Moses my Servant which I commanded unto him in Horeb for all Israel with the Sâ—atutes and Judgements LONDON Printed by James Cottrel 1656. To the Reader READER I Expect upon the very first view of the Title Page of this Treatise to be Censured by three sorts of men The first are some superstitious Antiquaries of this Age who are better skilled in Geoffrey of Monmouth and other idle Stories of the British Kings before the Romans entred Britain and in the Grants and Laws of the Saxon and Danish Kings of England made for exalting the Pope's Power Erection of Monasteries and other Superstitions and reverence them more then the holy Scriptures And as they believe the Name of a King to be Jure Divino and indeed little less then a God and that no man may Rule who hath not that Title because that a Plow Com. fo 177. b. 129. b. Bodin Repub. l. 1. p. 112. Name must never dye so they think That the Laws which they and others call the b Coke tit Cawdreys case l. 5. par 1. fo 1. Kings Laws are as the Town-Clerk told the Ephesians c Acts 19.35 concerning their Idol Diana the Image which fell down from Jupiter and of so d Lex illa Sanctio specialiter dicitur Cowel Instit Jur. Angl. l. 2. Tit. 1. sect 10. Impr. Anno 1630. sacred and divine Authority that they can admit of no alteration without breach of the divine Law To these I 'll say onely thus Government and so are Laws the e Rom. 13.1 2. Ordinances of God but what kinde of Government or how the Supreme Magistrate should be called or why Humane Laws may not be altered or amended I finde nothing in Scripture f Aristotle in his second fourth Books of Politicks proves this at large where he shews the kindes of Government and Titles of the Governors in his time Government in reference to the kinde is called by the Apostle PETER g 1 Pet. 2.13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Humane Creature and whether the Government be Monarchical Aristocratical or Democratical or whether the supreme Magistrate be called Nasi Prince as the Jews called Moses or Leader h See the several Titles given to the Supreme Magistrate of several Nations anciently and lately p. 121. n. 18. â—equ Governour or i Bodin Repub. l. 1. p. 83. Hen. 2. King of France called Protector 1552. Adherbal King of Numidia termed himself The Steward of the People p. 121. Protector 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that iâ— King as the Greeks called their Chief Justice at Athens Dictator or k Chief Captain p. 157. Imperator as the Romans called their Chief Magisrate or as the Venetians call theirs Doge or Duke there is nothing in Gods Word against it But this is necessary that the Supreme Magistrate should have l Pasor Lex p. 206. b. Bodin Repub. l. 1. p. 110. Confer concerning Power of Parliaments p. 4 5 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Power and Authority which are to be upheld by good and wholesome laws founded upon the Divine laws of God the onely law giver who can save and destroy and secured and defended with the Power Estates and strength of the People who are to look upon the Authority which God hath set over them and m Ezra 7.25 26. Rom. 13.1 6 7. submit themselves therâ— unto for the Lord's sake and not to dispute about Change of Government which sometimes is both n Exod. 18.13 21. Numb 11.16 17. Deut. 1.13 14 15. Acts 13.20 21 22. lawful and necessary It seems clear That all Government was Originally in Families where the Master or Father of the Family was the Prince or Chief Magistrate o Haynes view Holy Scriptures p. 81. Ral. Histor l. 1. c. 9. sect 1 2. the Obedience to whom was called Piety But afterwards when the World grew better stored with People men began to associate themselves into Villages then into Cities and lastly into Common-wealths and Nations and these betook themselves to p Paraeus in Gen. c. 10. Hawk Right of Dominion l. 2. c. 4. p. 35 Arist Polit. l. 1. a Governour whom at first they called q Gen. 50.7 Exo. 3.18 24.14 Pro. 31.23 Elder which was not onely a name of age and gravity but also of superiority and Magistracy and continued untill Monarchical Government was Erected which it seems at first was a Government at r Bodin Repub lib. 3. cap. 3. pag. 293. l. 4. c. 1. p. 412. Jun. Brut. Vind. contra Tyran p. 95. Ex Herod l. 2. the Will of him that ruled and grew into Tyranny for want of Laws Å¿ Exo. 3.10 16 18. 18.13 Willet Hex in Exo. 18. v. 15 19. qu. 16 18. But it pleased God in favour to mankind and for the good of his people to establish supreme power in one person limited and bounded with wholesome Laws And as an affliction and Punishment to suffer Tyranny to be exercised in the t Bod. de Rep. l. 1. p. 47. l. 2. p. 200. out of Philo Judaeus and Josephus world and sometimes towards his own people as may be seen in the government of the Babylonians Assyrians Medes Persians and other heathen nations u Grot. Pol. Max. Par. 2. c. 8. Gen. 14.1 40.1 The chief Patern which can be expected and of most certain Antiquity both for government and laws is that of the Israelites with whom God was most eminently present Albeit there were many other Kings long before Moses brought the Israelites out of Egypt as those mentioned in the Book of Genesis besides the Kings of Egypt Babylon and Assyria of which w Ral. Hist l. 1. c. 10. sec 1. Haynes View Holy Scripture p. 125. Hawk Right of dominion l. 2. c. 7. p. 45 Ex Chrysost Muscul Nimrod was the first of these it 's not necessary to say any thing But concerning the Israelites their state laws and government we have most exactly recorded by Moses x Coke l. 7. fo 12. Calvins case the best and most ancient Writer of Laws in the Book of Exodus which contains y Willet Hex in Exod. p. 1 2. their deliverance out of Egypt with the concomitants and circumstances thereof in the first part of that Book to the end of the seventeenth Chapter Then their constitution and settlement in the Land of Canaan by wholesome and just laws z Exo. 21.1 which were delivered unto them from God by the hand of Moses Now to return after this digression If Almighty God gave Political laws to his own people no man dare say but that those laws must needs be most just and equal a Cock Engl. Law
from Idolaters that they ought to root out their Idols and all (l) Deut. 12.3 Exod. 23.13 34.13 2 King 18.4 Hos 2.17 Zech. 13.2 their Superstitions from under heaven For that whilest things stand as now they are we cannot expect the comfortable Presence of God so effectual for our good and protection as if they were removed according to that (m) Psa 94.20 of the Holy Ghost by the Prophet Shall the Throne of Iniquity have fellowship with thee which frameth mischief (n) Such Laws as are contrary to the Laws of God and Nature the Prince may abrogate at his pleasure Bodin Rep. l. 1. p. 105. by a Law And if we consider that these Popish Laws coming from Idolaters branded this Nation with the Mark of the Beast which all those Kingdoms and Common-wealths received who were under the Power of Antichrist as this was until King Henry 8. his time who although he cast out the Pope's Supremacy yet retained Popery we may justly fear that without serious Repentance which cannot be testified but by Reformation the Maintainers and Countenancers of these Superstitions (o) Rev. 14.9 10 11. shall taste of the wine of the wrath of God and be tormented with fire and brimstone for ever But our God will save his people from their sins and deliver them from his wrath Howbeit it concerns us to know That although God (p) Acts 17.30 winked at the former times of Ignorance yet now he commandeth all men everywhere to repent and although we have hitherto failed of our expected Reformation and that all the labour and pains taken in order thereunto hath been lost and frustrate because a Patern from Gods Word was not sought for which may be imputed to be the true cause thereof yet at last it may be found that the Moral and Judicial Laws of Moses and other Rules and Consequences from Scripture are a sufficient standing Rule in all cases not onely for Godliness but also for Righteousness Justice and Sobriety according to that of the (q) 2 Tim. 3.16 17. Apostle to Timothy herein before recited And it is to be hoped upon very good grounds That the neerer we come to perfect Reformation the more we shall taste of Justice and Righteousness in the (r) Isa 60.17 execution of holy and just Laws under such Judges and Magistrates as were in the beginning which is to be earnestly prayed for knowing That good Laws are more security to the People then good Magistrates But when Almighty God giveth both together that 's an eminent sign of his special favour (Å¿) Isa 1.26 And this is promised to the People of God in the later times and now began to be fulfilled in this Nation in as much as the blessed Gospel of our Lord Jesus Christ and the People of God in the Profession thereof have more freedome and incouragement to Worship God according to his Divine Will then ever England enjoyed in any former Age either before or since the last Reformation But it 's much to be lamented that many who within this Age suffered Persecution under the tyranny of the Bishops and Archbishops upon pretence of breach of these our Laws in not conforming to Order and Discipline They themselves under the same pretence of Order and Church-government as they call it are now as ready to persecute their Brethren whose Consciences are not just of their Size if they could get Power into their hands to execute their Canons and other Popish Injunctions as ever the Bishops were since Queen Maries dayes For although they with the Scots are glad to be rid of the Bishops yet they at least many of them have the Scotch Presbyters Spirit in them (t) Simson Church-Hist in the Life of Anastatius Cent. 6. p. 88. who in his Church History commendeth the People of Antiochia that they were very friendly to their Pastor Flavianus and that they finding a great Number of Monks savouring as he saith of Eutyches Error and having an intent to compel their said Pastor or Bishop to accurse or abjure the Councel of Chalcedon but how their purpose was manifested doth not appeare in the Story The People set upon the Monks as not long after the honest Monks of Bangor were set upon slew a number of them others leaped into the River Orontes where as the Scotch Presbyter faith they found a meet burial for Seditious Monks There is no means under Heaven certain to preserve the People of God from Persecution but the abolishing of all Popish Laws and to Conform our selves to the holy Laws of God And that is the scope of this Treatise CHAP. IV. That Magna Charta and Charta Forestae do not appear to be any Acâ—s of Parliament although they be so called That chiefly therein was intended the advaâ—cement of the Romish Power in a Tyraâ—nical Goverâ—ment FIrst it is to be considered That upon the Norman Conquest by Duke William (a) Fox Acts Mon. Vol. 1. pag. 221 222. Ex Henrico Huntingdon l. 6. the bulk of all the Lands in England some few excepted Wales being then a Kingdom of it self were divided to such Noblemen Commanders and Gentlemen as joyned with him in the Conquest the design not being carried on by himself alone but by the forces helps and purses of many others who were to share with the Conqueror therein who besides what he reserved in Demesne he divided the rest to his Friends and Assistants to be holden of him by such Tenures Rents and Services as he thought fit (b) The Romans subduâ—d the Britains to be Subjects but not to be Slaves They were willing to pay all Levies of Men and Money if Insolencies were foâ—boâ—n Tacit. in vita Jul. Agricolae p. 188. as the Romans had done a thousand years before (c) Cambdens Britannia p. 94. Cowels Interp. word Doomsday Lamberts Exposition of Saxon words Jus Dacorum This occasioned the great Survey of England to be taken called Dooms-day-Book wherein were set down all the Lands in England and in whose possession they were Upon this Division the Natives (d) Stow Annal. p. 10. Life of King William the Conqueror Cok English Law p. 24 25. were horribly oppressed and rigorously dealt with insomuch that it was afterwards a (e) Fox Acts Mon. Vol. 1. p. 222. col 2. shame to be accounted an English-man which caused very many to remove into Wales and other Countreys rather then to abide the Tyranny of the Normans and the rest were left to the mercy of the Conqueror and the Strangers who came with him who (f) Stat ' Ebor ' 12. Ed. 2. in Preface Plowd Com. fo 129. B. Fourn Geogr. Orbis Notitia l. 5. part 1. c. 11. pag. 224. thereupon altered or rather abrogated the Laws of England and put upon them the Customs of Normandy written in the French Tongue and for ought appears the Nation had no considerable settlement by Laws until Hen. 3. his time
are improper for Acts of Parliament (t) Coke Instit 2 part Proem p. 2 3. Hubert who liv'd when Magna Charta was made and was a witness to it knew the nature of it better then any one in these dayes who know but by Tradition or Conjecture K. John granted such a Charter which was impeached by his Successors because it was made when he was in Dures and the same is laid aside and not regarded And we finde it Recorded That the Charter of King John was avoided as a voidable Grant And that King Ed. 1. after the Confirming of the said Charters of Magna Charta and Charta Forestae by the Advice of Hubert de Burgo Chief Justice of England the principal Oracle of the Laws in those times cancelled the said Charters and declared That he was not bounden to observe them in regard he was under age when he granted or confirmed the same And this is said to be done by Advice of his Councel at Oxford which is a sufficient proof that the same were no Acts of Parliament for that although Non-age may make mens Grants voidable yet the minority of the King cannot prejudice any Act of Parliament Because such Acts are the Agreements of the People to which the King gives but his Assent And this may suffice to be spoken touching the said Charters CHAP. V. That the Statutes of Marlebridge Westminster 1. and the rest of the old Statutes said to be Declaratiry of the Common Law savour of the Power of Antichrist and contain in them manifold Impieties and Superstitions THe said Statute of Marlebridge in Chap. 12. concerning Derrain Presentments and Quare Impedits Marl. c. 12. 28. and Chap. 28. concerning the provisions for Successors of Bishops containeth matters Superstitious and tending onely to uphold Popery and are lately in effect all abolished by the abrogating of the Archbishops and Bishops which shews the uselesness of those Statutes Coke Instit 2. part in the preface p. 79. c. 6. p. 90. And the same may be said of the Statute of Merton a great part whereof concerneth the like Superstitions which are abolished The Statute of Westm 1. was made likewise with reference to the advancement of the State of Antichrist Westm 1. c. 2. as appears by the Preface to the said Statute And in the said Statute is likewise set forth as warranted by Law the Champions Oath in a Writ of Right which is many wayes sinful as shall appear where this Champions Oath and Tryal by Combate are particularly handled and the provision made in the said Statute for upholding of Bishopricks and Superstitious Houses and the ordering of a Clerk convict for Felony who notwithstanding his Conviction shall be delivered to the Ordinary and so escape which is said to be according to the priviledge of holy Church These Laws are Superstitious and Unlawful (a) Stat. de Bigamis c. 5. 25 Ed. 3. c. 4. The Statute de Bigamis and a Statute made 25 Edw. 3. which Ordain That such Clerks as shall be twice married being attaint of Felony shall not be delivered to the Prelates as Clerks but that Justice shall be executed upon them as upon other Lay-people This is a foolish Law that being twice married should be accounted an offence and the same Law is altered by a Statute made 1 Edw. 6. Chap. 12. In Chap. 5. of the Statute de Bigamis Coke Instit 2 part pa. 273. Pope Boniface the 8 his Councel at Lyons in France care is taken to preserve the Constitution of the Bishop of Rome concerning the Priviledge of Clerks which Bishop is there called Dominus Papa By the Statute of Glocester Chap. 8. it is Ordained That none shall have Writs of Trespasâ— for Goods taken unless he swear by his Faith That the â—oods taken were worth forty shillings and if he complain of beating he shall swear by his Faith That his plaint is true The intention and scope of the Law is good but the making an Idol of a mans Faith and putting it into the place of God the great Judge is wicked Profaneness and a breach of Gods Law The Statute of Westm 2. Chap. 5. concerning Darrein Presentments Quare Impedits and Advowsons of Churches is Superstitious and serves for nothing else but the setting up of Humane Presumptions in opposition of the Ordinances of Christ in his Church And the same Statute Chap. 34. appointing That he that carrieth a Nun away from her house although she consent shall have three years Imprisonment and be Fined is a Superstitious Law and tends to uphold the Antichristian Power of Rome And the same Statute Chap. 35. Enacting That he that takes away a Ward and marrieth her after years of consent shall abjure the Realm is a profane Law and aâ—ainst the lawful use of an Oath The Preface to the Statute called The Award between the King and his Commons at Kenelworth and the Curse thereto annexed containeth matters Impious if not Blasphemous and not fit to be preserved being a Monument of Idolatry The Statute concerning Consultations 24 Edw. 1. mentioning Ecclesiastical Judges served to uphold The Spiritual-Court or Court-Christian as it is called The Statute of 25 Edw. 1. Chap. 4. giving power to the Prelates to Excommunicate the breakers of the Great Charter and another Statute of Edw. 1. put next-before the Statute of Ireland giving the Prelates Power to pronounce Accursed all those that do any thing willingly against the Charters Chap. 6. These are Superstitious Laws and an abuse of the Church-Censures and the Power of Christ in his Church In that Law called Articuli Cleri 35 Edw. 1. the Church-yard is said to be Dedicated which Dedication is Superstitious no place under the Gospel being more holy or dedicated then another The Statutes made 9 Edw. 2. concerning Prohibitions Tythes Clerks convict Pâ—â—lates Spiritual-Court Excommunication Abjuration Power of the Ordinary Fee of the Church Superstitious Houses Monasteries Parsons Parsonages containing sixteen Chapters are nothing else but Popery and the advancement thereof The like may be said of the Statute of the 25 Edw. 3. Chap. 3 4 5 7 8 9. concerning Lapses of Benefices Clerks convict Ordinary Counterpleading of Title to a Church All which savour of nothing but Superstition The Statute of the 13 Rich. 2. 2. appointing the King to present to Churches The Statute of Provisors of Benefices whereby the King and his Lords are to present to Churches shewing That the Pope did use to present to Bishopricks Religious-Houses as they are called and Churches The Statute of 25 Edw. 3. whereby the Pope diâ—annulled the Statute of 18 Edw. 3. concerning the Arraignment of a Clerk and many other old Statutes of the same nature wherewith the Lawyers have been so much pleased and whereof they have so much boasted are nothing else but the Badges and Characters of Antichrist All these Laws are repugnant to those Laws of God which forbid False Worship Superstitious and Humane
have weight laid upon him as much as he can bear and shall have one day three bits of Bread the next day Gutter-water given to him and so every day until he dye with pain The practice is somewhat altered in the execution for the Condemned is Pressed to death presently and every one that will is his Executioner This is a wicked Law and contains three Offences 1. The Punishment is barbarous for that there is no Offence in this world against men but a man's life taken away is a sufficient satisfaction without any such lingring death 2. The party being Guilty is not bounden to accuse himself upon his Tryal much less ought he to be enforced to tell a Lye and say he is Not guilty 3. The great Offence is That he is Condemned without Proof 2 Cor. 13 1. Heb. 10.28 Deut. 17.6 Numb 35.30 Joh. 7.51 To this may be added Setting men upon the Rack (m) In sime of Popery this was frequent and hath been since used for discovery of Treason Examining them by Torture a Devillish Invention not long since practised and warranted by our Law 10. The Laws concerning Parishes Parsons Vicars Curates Deacons Churchwardens Advowsons Presentations to Churches Jure Patronatus Non Admisit Quare Impedit Quare Incumbravit Darrein Presentment Restitutione Temporalium Conge Desleir Admittances Institutions Inductions Ne Admittas Vi Laica Removenda Excom Deliberando cautione Admittenda Dedimus Potestatem ad Elegendum Abbatum Lincences to Preach Suspensions Ecclesiastical Censures in Ecclesiastical Courts These all are unlawful as being the Inventions of men to thrust out the Officers and Order which Christ hath left in his Church (n) Godw. Ant. Rom. l. 3. c. 2. p. 135. c. 3. p. 142 143. Fuller Holy State l. 2. c. 12. p. 87. Ex Conc. Toled 589. can 9. An. Coke Rep. l. 5. Cawdreyes Case c. 3. p. 48 49. c. 4. p. 72 73. c. 7. p. 169. thence to p. 356. The Parishes are the Hearch which keep in all these Superstitions and they were taken up by the Church of Rome from the Heathen Romans as likewise were their Pope or Fontifex Maximus their Orders of Priests Deductions Consecrations and many other Paganish and Idolatrous Superstitions And from Rome were hither sent and continued here all along by the Popes Power until the Reign of King Hen. 8. when he took upon him the Popes Office 25 H. 8. c. 20. Wingate Law c. 38. p. 62. n. 20 21 28. to be the pretended Head of his pretended Church of England Lev. 20 23. Ezek. 11.12 Hos 14.8 2 Cor. 6.16 Deut. 12.3 Cock English Law p. 16 22. 11. (o) Fitz. N. B. 269. b. Coke l. 5. fo 25. 2 H. 4. c. 5 15. 2 H. 5. c. 7. The Law for Tryal and Conviction of Hereticks delivering them to the Secular Power to be burned the Writ Haeretico Comburendo put in execution against the faithful Servants of God called by a Nick-name Lollards about the time of Rich. 2. and Hen. 5. and afterwards whom the Lord Chief Justice Coke concludes to be Hereticks and deriving their Name from Lolium as the Papists did rehearseth that impertinent Verse of Virgil Infoelix Lolium steriles dominantur avenae They were the followers of (p) Rast Entr. Haeres 1. White Way true Church sect 50. p. 393. Fox Acts and Mon. Vol. 1. p. 608 657 659 846. John Wickliff whose Opinions we may finde in Fox his Acts and Monuments and Symson his Church-History These and those afterwards by vertue of the Statute of the Six Articles were put to death onely for matters of Faith and Opinion without any disturbance to the State (q) Dalt offic Vice Juram Vice fo 4. All High-Sheriffs were Sworn even to the time of the beginning of these late Wars to extirpate these Servants of God and the Anabaptists which onely (r) Swinb Treat Willes par 2. sect 14. par 5. sec 2. deny Infant-Bapitism are reckoned amongst Hereticks By this we may judge what our Law-givers were and what was a principal end of the Law viz. The destroying of the true Faith and the rooting out of the sincere Professors of the Gospel which is a principal Mark of Antichrists Power These are Impious Laws and the execution most abominable Rev. 16.6 17.6 18.24 12.13 Gen. 4.10 Luke 11.50 51. Gal. 4.29 These Customs taken from the Romans Tac. Annal. l. 12. c. 11. p. 171. 12. (s) Litt. l. 2. tit Villenage sect 172 Coke Com. Litt. l. 2. sect 177. sect 189. Wingate Law c. 9. p. 17. n. 3. n. 5. Poulton Pax Reg. Regni tit Appeal fo 159. a b. Littleton tit Villenage l. 2. sect 190. The Laws and Customes concerning Villains and Villainage mentioned by Littleton and others observed by Coke in his Comment upon Littleton and plentifully discoursed of in the Old Books are Heathenish and wicked Customes That the Villain is as the Lords Goods and at the Lords absolute Disposal and so are his Wife and Children (t) Those whom we call Villains Niess thâ— Romans called Adscriprivos Glebae they plowed laboured and might be sold as the Romans Slaves That the Lord may enter upon him and take his Lands Tenements Rents and Chiâ—dren And although he that is pretended to be a Villain bring his Wriâ— to prove himself free the Lord may seise him as his Vilâ—ain (u) Appius Claudâ—us sâ—ised Virginia upon this pretence Tit. Liv. l. 3. p. 117. b. Pendente Lite and if the Lord rob the Villain he shall have no Appeaâ— against him And it hat been said That if the Lord ravish his Nief that is his She-Villain she could at Common Law have no Appeal of Rape against him but Littleton saith the contrary (w) If the Loâ—d marry his Nief or she villain and die seised of Land in Fee this wife shall not be endowed because she was his Villain Jo Perk. tit Dower sect 314. These Laws above-mentioned are too bad for Turks much more to be abhorred and rejected of Christians as being against all those Laws of God which condemn unmercifulness and injustice towards inferiours Exod. 1.13 14. Lev. 25.42 43 46 53. Eph. 6.9 Col. 4.1 Prov. 12.10 Luke 6.36 1 Kin. 9.22 There was nothing more regarded in the foundation of Christian Common-wealths then the discharging of Slaves and Villains and such Common-wealths were free from Slaves ever since the year 1250 as a (x) Bod. Rep. l. 1. c. 5. p. 39 40. p. 45. Those Slaves are at large described as above is said Cowel Instit lib. 1. Ti. 3. sect 3 4 5. Learned Lawyer hath observed who taxeth England and Scotland for continuing such Customs and Services upon their Tenants And likewise saith the Law of the Twelve Tables still in force in West-Indies and Africk as too rigorous towards Debtors and Servants (y) Rast Entr. tit Appeal fo 51. b. 27 H. 8. c. 24. Poul
Pax Reg. Regni tit Pardon f. 218. b. 219. a. 2 Ed. 3. c. 2. 4 Ed. 3. c. 13. 13. By the Common Law the King had Power to Pardon Murther and it hath been commonly used in former Ages whereby the Land hath been defiled with Blood This is an Impious Priviledge or Custome and clearly against the holy Law of God and seemeth likewise to be contrary to the Kings Oath although by a Statute of Edw. 3. Chap. 2. it appears such Pardons were very common and ate available in Law against an Act of Parliament being made with a Non obstante c. Prov. 28.17 Jam. 4.12 Exod. 21.12 Weems M. L. Com. 6. Decal Exercit. 9. p. 131. (z) Sueton Tranq in vita Julii Caesaris sect 89. in fine It 's written That of all the Senate who murthered Julius Caesar there was scarce one that either survived him three years or dyed a natural death The Historian saith They were all Condemned and it doth not appear that any one of them had a Pardon (a) Bodin Rep. l. 1. p. 174. p. 175. No Soveraign Prince or any Man living can pardon the Punishment due to the Offence which is death by the Law of God no more then he can dispense with the Law of God whereunto he is himself subject 14. (b) Custom Norm tit Tenure par Homage fo 27. b. Kitchin Court-Baron Cowel Inst l. 2. tit 3. f. 3. p. 115 S. 15. p. 119. Wingate Law c. 7. p. 13. n. 29. The Oathes of Homage and Fealty to Lords of Mannors are Snares upon mens Consciences and savour of Tyranny and Oppression The Oath of Homage besides that which is mentioned in the old Books the substance whereof was That the Tenant would be the Lords True-man hath many trivial additions to it which are not of concernment enough to be the cause of an Oath and other things not fit to be sworn unto and all are against that Law Thou shalt swear in Righteousness and Judgement Jer. 4.2 Exod. 20.7 Jam. 5.12 15. (c) Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 2. f. 20. b. fo 21. a. The Attributes of God in the Law given and ascribed to the Kings of England are too high if not Blasphemous viz. Majesty Soveraignty Most Sacred Majesty Infinity c. Ubiquity Immortality Perfection Verity Absolute Justice c. (d) Co. Tit. Pa. to his 5 6 7 8 9 10 11 Rep. Plowd Com. fo 234. a. 177. a b. And by Sir Edw. Coke seven times King James is called Le Fountain de tout Piety Justice la vie de la ley The Fountain of all Piety and Justice and the life of the Law O fearful Blasphemy Although it must be conceived that these Attributes are but Analogical Expressions yet it may be observed That such Arrogancy especially when by this temptation it 's taken to himself of whom it 's spoken (e) Such Emperors and Princes who have taken that Honour to themselves which is due to God alone as did Caligula Domitian Commodus Antiochus c. have all and alwayes miserably perished Jun. Brut. vind contr Tyrann p. 14. is a certain signe of Ruine as was seen in Herod when the people cried The voyce of God and not of man then was he smitten c. Acts 12.22 23. He that said Mine honour will I not give to another will endure no such pride (f) Gualdo Priorato Bell. Germ. p. 125. Battel Luâ—zâ—n p. 19 20. Divers of the Roman Emperors would not suffer themselves to be called â—oâ—l Jun. Brut. vind contra Tyrann p. 51. That famous worthy Gustavus King of Sweden foretold his own death upon this very ground and although he protested against the impious Acclamations of the people was slain within two dayes after they were given to him We condemn such Hyperbolical Titles in the Turkish Emperour and the Pope and by such means the Heathen Babylonians (g) Coel. Rhod. Lect. Antiq. l. 8. c. 2. p. 281. Persians and Râ—mans came to Deifie their KINGS and EMPEROURS But (h) Suet. Tran. in vita Augusti Caesaris sect 53 Augustus Caesar abhorred such Flattery and refused so much as to be called Gracious Lord (i) Corn. Tacit. Prooem l. 1. Annal. p. 1. l. 2. c. 19. p. 61. but was called Prince and it may be observed That Almighty God to prevent such arrogancy when he saith I have said Ye are Elohim Gods or as the word signifies Mighty Judges presently addeth that Ye shall dye like men All must remember this Psal 89.6 1 Sam. 2.30 Isa 42.8 48.11 Dan. 4.30 36. Acts 12.22 A very Learned man hath set it down Bodin Repub. l. p. 181. That for a Soveraign Prince to arrogate to himself the Titles of Most Excellent and Sacred Majesty is absurd the one being a point of Lightness and the other of Impiety For saith he what more can we give to the most Mighty and Immortal God if we take from him that which is proper to himself And he censureth the Princes of Germany for that in a Letter to the King of France there were V. S. M. which is Vestra Sacra Majestas which he calls An addition proper unto God 16. That a Disseiser taking a mans Land from him by (k) Littleton l. 3. c. 6. sec 385. Coke Com. Lit. upon the same place fo 238. a b. Coke l. 2. fo 56. Doct. Stud. c. 8. fo 16. force after a Discent he that hath Right and is the true Owner of the Land cannot enter upon the Heir of the Disseiser This is an unjust Law and a ridiculous thing That he that hath Right may not enter This was a Custome used in favour of such whose Ancestors had entred upon other mens Lands in the time of Wars and put out the Owners Then the Conqueror or Prevailing Party allowed this Priviledge to such of his Party who had so entred Here a man by doing Wrong gets a Right and the Magistrate ought to remedy it Isa 58.6 Ezek. 45.9 Psal 7.16 Luke 3.14 Mich. 2.2 Charta Forestae cap. Manwood Forest Laws par 2. n. 1. par 1. p. 139. 21 Ed. 1. c. Cowel Instit verbo Forest 17. The Laws concerning Chases Parks and Warrens are a great Oppression to the Common-wealth as now things stand as it 's partly declared before where the Charter of the Forest is spoken of It 's true King William the Conqueror had a Title which he got by his Sword and by his Bowe and had the more reason to dispose of those Lands as he pleased and of the Lands adjacent as men would hold of him But now time and it may be lawful Purchasees have made men Owners of such Lands and to make them subject to the Forest-Laws is a great Oppression and contrary to all those Laws of God which forbid Oppression It is to be hoped these waste grounds will be put to better use 2 Chron. 16.10 Isa 1.17 Prov. 22.16 Ezek. 18.7
read for that properly appertains to the Turk And this Prophesie can be no other way fulfilled but by selling the souls and bodies of men in this manner Rev. 18.13 Mal. 3.11 2 Cor. 2. last ver Paraeus upon Rev. 14.16 17. 28. The Law concerning payment of (m) 21 H. 8. c. 6 13 Ed. 1. Stat. dict Circumspecte agatis New Terms Law verb. Mortuary Cowels Interp. verb. Mortuary Mortuaries that is the best good as a Heiriot is to the Lord or Money as the Custome hath been or rather a certain Rate setled by the Statute of King Hen. 8. It was originally a thing given to God to purge the guilt of the party deceased which he contracted by omission or non-payment of Tythes but hath been alwayes claimed and received by the Priests in Time of Popery and since by their Successors the Parsons and Vicars The Law is Superstitious and the payment unlawful being a Conformity to Idolaters and a derogation from the All-sufficient Merit of Christs Sufferings 1 Cor. 6.14 Levit. 20.23 Isa 1.12 Ezek. 43.8 29. The Laws concerning payment of Tythes is taken (n) Heb. 7. 5 12. Furius Camillus upon the taking of Vij gave the Tenth of the spoil to Apollo at Delphos Tit. Liv. l. 5. from the Levitical Service where the payment was a meer Ceremony and imployed for the Maintenance of that Levitical Service and was by the Law of God disposed of to the Levites the Priests and the Poor c. and afterwards this payment of Tythes was taken up by the Heathen (o) Rous Attic. Ant. l. 2. c. 9. p. 59 96. Godw. Antiq. Rom. l. 3. sect 4. c. 11. both Greeks and Romans who paid their Tythes in a manner as the Jews did The Greeks first used it and then (p) Godw. Ant. Jud. M. A. l. 6. c. 3. p. 250 251 253. Fox Act. Mon. Vol. 1. p 336. Col. 1. the Romans who took many of their Laws and Customes from the Graecians as the Law of the Twelve Tables and other Laws of Athens also received this Custome Then when the State of Rome under the Papacy was advanced at the breaking of the Roman Empire were those things received and by little and little a Body of Religion falsly so called was patched up together consisting partly of Jewish and partly of Heathenish Customes imposed upon England as well as other Countreys as may be shewed at large It onely sufficeth for the matter in hand to know That these Tythes were Levitical and Ceremonial (q) Pareaus in Apoc. c. 13 16. Weemse Cer. Law Com. 1. Exercit. 1. p. 3. Com. 2. Exercit. 16. p. Bellarm. Contr. lib. de Cler. p. 316 317 318. and so are reckoned by the Learned and are abolished with the Temple and were not received into the Christian Churches in (r) The Money called Smokepeny was granted to the Pope by Ine King of England An. 740. and augmented by Etelpe which they called Peter-pence Bodin Repub. l. 1. p. 116. some places until (s) Fox Acts Mon. Vol. 1. p. 336. Col. 1. Ex Chrysost Augustino Bellar. Contr. l. 8. de Cler. p. 315. many Hundred years after Christ and the Ministers may as well fall to Circumcising and Sacrificing as to Demand Tythes as due by any Divine Law But it may very well be conceived That the Devil endeavors to keep up these Tythes on purpose to hinder the efficacious progress of the Gospel which seldome doth any good where there is jangling and wrangling about payment of Tythes as there is commonly in every Parish where they are held to be due Jure Divino Levit. 29.30 32. Deut. 18.4 Numb 18.24 26. Nehem. 10.37 38. Cock Engl. Law p. 22. The Priesthood which received Tythes is changed then must there of necessity be a change of the Law Heb. 7.5 12. 30. The like may be said of the Laws concerning payment of First-fruits and Tenths whether those which were paid to the King or such as were paid to the Pope being all one The First-fruits are one years Profits the Tenths are a Tythe anciently paid to the (t) Cowel Int. verb. Tenths Pope until in the time of King Edw. 2. Pope Urban granted them to that King to have his assistance against the French The Pope received them in Imitation of the High-Priest as Head of the Church and Chief of the Clergie and sometimes the Kings of England had them after Edw. 2. and sometimes the Pope received them (u) 26 H. 8. c. 3. 1 Eliz. cap. 4. These payments ceased to be paid to the Pope when King H. 8. revolted from the Pope Ann. 1534. until then England was the Popes Vassal Bod. Repub. l. p. 116. But King Hen. 8. when he Cashiered the Pope declared Himself Supreme Head of the Church of England And from that time he received thele First-fruits and Tenths and Erected a Court called The Court of First-fruits being now part of the Exchequer where the same were received and there they are paid until this day (w) Rous Attic. Ant. lib. 2. cap. 9. These are likewise in the same condition with Tythes and were paid towards the upholding of the Levitical Service and therefore with the Temple are Abolished Exod. 22.29 Deut. 18.4 Lev. 2.12 27.30 32. Exod. 23.19 Heb. 7.12 31. The Law concerning (x) Wing Law c 19. p. 30. 1â— 27. Deodands which is by Law declared to be something given or as it were forfeited to God for (y) Coke comp Copyholder sect 27. p. 9. Stamf. Pl. Cor. l. 1. c. 2. Cowel Interp. verb Deodand Si equus c. hominem occiderit quasi sacrum fit nisi ad Regem spectet nescio an veteri consuetudine comburi soleat Cowel Instit l. 4. Tit. 8. s 1. pacification of his wrath in case of misadventure where any Christian Soul cometh to a violent end without the fault of any reasonable Creature These are the words of the Book It is that which moveth to the death of any man is a Deodand Quicquid movet ad mortem hominis Deodandum est This is a Superstitious Imitation of the Papists and derogatory to the All-sufficient Satisfaction of Christ Heb. 9.22 Psal 49.7 Mic. 6.7 32. That a man pretending Right to a house next to him watcheth an opportunity Stat. 5 R. 2. c. and finding no one in the house gets in peaceably mures up the door and layes it to his own house and so holds it without force This is said by some to be no forcible Entry against any Law and I have heard it so delivered upon the Bench (z) Poult Pax Reg. Regni tit Forcible Entry fo 39. neither can the party put out have restitution of possession or any way get in again but by an Action at Law although he lie out of doors in the mean while This is a Law whereby Hundreds of poor men may be made destitute of houses The same is said of Tenants in Common or Joynt-Tenants
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