much Prudentia non vult falli nec fallere potest that a wise man neither can nor will be deceiued In like sort Thou shalt not commit adultery and therefore the lawe commandeth men to be chast sober and temperate both in bodie and minde for the lawe requireth inward and outward obedience as well in Angels as in men for outward euil springs from inward corruption Murther proceeds from hatred and malice of the heart Adultery commeth from wicked and filthie lust of the heart Theft is falshood and fraude in the heart to steale other mens goods therefore to do or to wish any thing against the lawe is sinne for the lawe is spirituall and he that is not subiect to the lawe saith Paul is subiect to the wrath of the Lorde for by the lawe we know our sinnes and in the lawe consisteth the knowledge of our life for the Lord hath decreed a necessiti◅ of obedience to the lawes of ciuil Magistrates for it is said Inuictae leges necessitatis and though the law doth accuse all men yet the lawe doth freely promise with a condition of obedience as the Gospell promiseth with a conditiō of faith for as by the lawe we see as in a glasse the corruption of nature and deformitie of sinne so by the lawe we are taught what is to be done and by the Gospell how things ought to be done Among the Romaines for the space of 300. yearer welnigh after the building of Rome they had no lawes written but Ius regis before they sent for the lawe of the 12. Tables from Athens which law was so obscure that they brought Hermadorus from Greece to Rome to interpret the lawes of the 12. Tables which lawe against theft was so seuerely executed that it was lawfull to kill a theefe that would not yeld especially in the night time for the lawe was Sifurtum sit factum nocte si eum aliquis occidit iure caesus esto if a theefe be found breaking any mans house in the night time be smitten to death no bloud must be shead for him which is also Moses law except the sunne be vp when he is found but if a theefe were taken in the day time with his theft with him hee was by the lawe of the 12. Tables to become his slaue and bondman of whom he stole it to be vsed as pleased the partie all his life time after An other lawe of the twelue Tables against other iniuries was that if any mans seruant had stolne any thing or his beast had done harme or endamaged his neighbour or a straunger he was to yeeld his seruant or his beast that so offended to the party grieued and so by the lawe of the 12. Tables the maister of the seruant was free for a theefe that cannot make restitution for his theft must be solde according to Moses lawe The seuerest lawe among the Romanes was Lex Iulia which appointed iust punishment for treason adulterie and theft by Lex Iulia in Rome theft was as seuerely punished as adulterie and adulterie punished as treason for the lawe saith a man must not robbe for theeues are accursed men must haue no conuersation with theeues Also there was a lawe in Lycia that if a free man should steale any thing he should loose his freedome and become a bond-seruant to him of whome hee stole it and by the lawe of Lycia neuer after to recouer his libertie but to liue as a bondman all his life time Bocchoris lawe in Egipt was that if any wayfaring man finde a man in daunger of his life and so to be slain by theeues and robbers and not helpe him eyther by his sloathfulnesse or negligence if he could hee was by the lawe of Bocchoris guiltie of death because hee did not ayde and helpe him with all meanes possible hee could Againe if a man were robd by theeues on the way though he were not killed and not rescued of any that could and neglecting to follow after the theeues hee or they by the lawe of Bocchoris were punished and beaten with a certaine number of stripes and kept without victualls three daies Licurgus made no lawes in Sparta against theft for it was lawfull by Licurgus lawe among the Lacedemonians to vse theft vnlesse the partie were taken with the theft which if he were he should be seuerely punished following the maner and custome of the Egiptians and the old Germanes which had no lawe written against theft but left vnpunished and therfore there is no transgression where there is no lawe There was then and is now a greater kinde of theft then stealing among diuers nations which is vsurie forbidden by the lawes of God as well as theft for before Bocchoris lawe which banished vsurie the lawe was in Egipt that the creditors might arrest the bodies of the dead for debts and that they should be vnburied till the depts were paid Pecunia est enim anima sanguis mortalibus which lawe was abrogated by Bocchoris that debts onely should be paid of the goods of the debters and not their bodies to be imprisoned for that they should be alwaies readie for defence of their countrey and not imprisoned either for debt or vsurie Solon brought this lawe from Egipt vnto Athens and called it Sysacthia against vsurers This lawe was after executed in the market place of Athens by Agis who extreamely hated vsurie where hee burnt all the vsurers writing tables of which fire Agesilaus was wont to say that he neuer lawe a better fire in Egipt Persia nor in Greece then when Agis burnt all the writing tables of the vsurers in the market place at Athens for before Solon brought this law from Egipt vnto Athens dead mens bodies might be arrested and an actiō might be had before the magistrate called Zeteta for satisfaction of debts in Athens Therefore Solons lawe was that no man should credit the sonne while the father liued to auoyd further daungers least the sonne should practise against the father which children do vse against their parents the law was that he which would c◅dit the sonne during the life of the father should haue no action against the son after the fathers death So hatefull was vsurie among welnigh all nations that where punishment of theft was but double punishment of vsurie was quadruple and therfore Lu. Genutius Tribune of the people in Rome abrogated former lawes of vsurie in Rome Lucullus in his victorie ouer Asia among other Romanie lawes which hee gaue them set all Asia free and at libertie from vsurie So Cato made a lawe that no vsurer should dwell within the prouince of Cicilia So also Licurgus made a lawe to bannish vsurie so farre from Sparta that it should neuer be named nor spoken of within Sparta The lawe of Moses among the Hebrewes was Thou shalt not giue to vsurie to thy brother as vsurie of
A BRIEFE CONFERENCE OF DIVERS LAWES Diuided into certaine Regiments By Lodowick LLoyd Esquier one of her Maiesties Serieants at Armes Eccle. 21. Vidi in loco iudicij impietatem in loco institiae iniquitatem LONDON Printed by Thomas Creede 1602. TO THE MOST HIGH AND MIGHTIE PRINCE Elizabeth by the grace of God Queene of England France and Ireland c. I Knew not how most gratious Queene to make my most bounden dutifull seruice known vnto your Maiestie But as Dauids seruaunts ventured theyr liues through the middest of their enemies to fetch water from the well of Bethelem to please their Lord and Maister So my selfe thought it my dutie to trauell into some farre countries in no daunger but of your Maiesties displeasure by presenting some straunge Iewels among so many as might dislike your Highnesse which should scorch mee more then the Sunne did Ionas when his gourd was off and terrifie me more then the countenance of Moses terrified the Iewes without his vaile on But your Maiestie which forget nothing but iniuries will the sooner forgiue mee my ouermuch boldnesse the rather for that I present your highnesse but with Iewels such as far excell the Iewels on Aarons garment the onely pearles which ought to be bought with al the wealth we haue the Iewels which we ought to seeke with all the studie and trauell wee can the onely Vrim and Thummim which should shine bright on a Princes breast which the auncient Kings of Israel ware as tablets about their necks as frontlets on their foreheads and gardes on their garments which Iewels many other kings sought and mist. Licurgus sought these Iewels for the Lacedemonians at Delphos Mena sought them of Mercurius for Egipt Numa of the Nymph Egeria for the Romanes Zaleucus of Minerua for the LocreaÌ„s Of these Iewels also I brought the best Pearles I could finde among them vnto your Maiestie in hope of your wonted gracious fauour to accept these Iewels for their owne sake as Artaxerxes accepted water of the riuer Cyrus for Cyrus sake Your Maiesties most bounden and obedient seruant Lodowick LLoyd A BRIEFE CONFErence of diuers Lawes diuided into certaine regiments In the first Regiment is expressed the antiquitie and force of the Lawe the states of Common-wealths vnder diuers kindes of gouernments ALl creatures of God as well in heauen as in earth had lawes giuen them after they were created to be gouerned and ruled by the Sunne the Moone and the Starres to keepe their perpetuall motions and course in their places and regiments so the seas haue their limits and bounds how farre they should rule and raigne and though one starre differeth from an other in glorie in greatnesse and in brightnesse yet are they gouerned by one perpetuall lawe so the seas though the waues thereof be so loftie and proud yet are they shut vp within doores and commaunded to keepe in and not to goe further then the place to them by lawe appointed By lawe also the elements are commaunded to staie within their owne regiments without trespassing one of another as Manilius faith Certa stant omnia lege For the stanes by lawe haue their leaders before them they haue their watch giuen them they haue their motions and marching appointed them and as all riuers and waters haue their course and recourse to the seas and from the seas as from their chiefe commaunder so all starres haue their brightnesse light from the Sun as from their chiefe generall Neither were the Angels in heauen being the first and the chiefest creatures of God nor man in Paradise beeing the last creature Tanquam Epilogus operum dei without lawe the breach wherof made such a generall confusion that it so obscured the first integritie of the lawe of nature that the Angels that offended in heauen lost heauen and were iudged to perpetuall darkenesse and man for his disobedience in Paradise cast out of Paradise to euerlasting punishment so that the Angels were not pure nor the heauens cleare before God The earth likewise and the seas and all the creatures in them by breaking of the first lawe which Tertullian calleth Primordialem lâ—…gem legum omnium matricem lost the benefites of the first creation for in Adams fall all creatures were cursed which made Augustine to woÌ„der Vtrùm mirabilius homines iustos creare quà m iniustos instificare whether the mercy of God were more in creating iust men or in iustifying wicked men though with God it was of equall and like power yet said Augustine it was of greater mercy to iustifie vniust men for that Iustificatio er at secunda hominis creatio Yet the old Patriarches liued vnder the lawe of nature so Paul testifieth that the lawe was first written not in tables of stones but in fleshly tables of the heart for I will put my lawe saith the Lorde in their inward parts and in their hearts will I write it so Augustine saith Audi linguam non in lapide sed in corde scribentem for from the eternall lawe which is Creatrix gubernatrix vniuersitatis was reuiued and lightned the lawe of nature vnder the which the Patriarches liued for the lawe of nature which the Patriarches had being not corrupted differeth nothing froÌ„ the written lawe giuen to Moses which is the whole summe of the morall lawe What else is the lawe written giuen to Moses but a short repetition and compendious catalogue expounding vnto vs the lawe of nature beeing obscured and corrupted by the fall of Adam but by the second Adam renued written and giuen to Moses in tables of stones Tanquam norma rectitudinis in Deo So Paule sayeth that if the Gentiles which haue not the lawe doo by nature those things contained in the lawe they hauiug not the lawe are a lawe to themselues and therefore the Heathens are not excuseable for conscience which is that Flammeus gladius is a witnesse of theyr fault and a signe of the anger and iudgement against them for theyr sinne Agnitio Peccatilex and therefore the lawe was giuen to shewe vs our infirmities and that by the lawe grace might bee sought for Fides enim impetrat quod lex imperat for when the lawe was first giuen in Mount Sinai to Moses it was with such feare lightning and thundering with such cloudes smoake and fire that euery part of Sinai trembled and quaked when the lawe was giuen for the law is full of terror and ministreth vnto death The law said Plato punisheth wicked meÌ„ rewardeth good meÌ„ so Cicero saith Lex vitioruÌ„ emeÌ„datrix virtutuÌ„ est commendatrix By the lawe we know our selues without the which we wander in darknesse without light in ignorance without knowledge in sin without feare whose force and authoritie is from God and not from man so could Cicero say Tantalegis vis est vt ea non homini sed deo Delphico tribueretur And therefore the first and auncient kings and
of the souldiers in the one oxe and the other souldier in the other oxe and left their heads out of the oxen that thereby they might speake one to an other as long as they liued Was not Abraham called from the Chaldeans because they were wicked Idolaters Did not Iacob long in Mesopotamia for the land of Canaan Did not Dauid wish to be in Iudah from among the Amalekites wicked Infidels Were not the captiue Israelites most desirous from Babilon to come to Ierusalem yet not before the time that God had appointed and determined for Elizeus could not prophesie before Elias threw his mantle vpon him neither could Dauid appeale the furie of Saul before hee played on his harpe neither could Aaron become a high Priest before his rod blossomd in the Arke The very Heathens forsooke the company countrey of wicked people as Hermadorus forsooke his countrey Ephesus for the iniquitie of the people Anacharsis left Scythia his barbarous countrey and came to Greece to learne wisedome and Philosophie in Athens Plato left Athens and went from Greece to Egipt to be taught in the religion ceremonies and lawes of the Egiptians Paul left Tharsis to goe to Ierusalem to learne the lawes of the Iewes at Gamaliel Queene Saba came from Aethiope to heare Salomons wisedome in Ierusalem It was lawfull by the lawe of Solon in Athens to kill an adulterer beeing taken in the act as among the olde Romanes the husband might kill his wife if hee found her an adulteresse but this lawe of Solon in Athens was after mitigated by Solon with a lesse punishment The Parthians supposed no offence greater then adultery neither thought they any punishment to be equall with so great a crime Among the Arabians the lawe was that the adulterer should die such a death as the partie grieued should appoint Diuers Philosophers euer thought adultery worse then periurie and without doubt greater harmes growe by adultery then periurie though the one be in the first Table against the maiestie of God to take his name in vaine and the other in the second Table against thy neighbour whom thou oughtest to loue as thy selfe and yet some of the best Philosophers as Plato Crisippus and Zeno iudged that common-wealth best gouerned where adultery was freely permitted without punishment that libertie they brought from Egipt vnto Greece where the Egiptians might marrie as many wiues as they would like the Persians Among diuers other nations adulterie was left vnpunished for that they had no lawe against adultery Histories make mention that the virgins of Cypria and of Phaenizia get their dowrie with the hire of their bodies vntil they gaue so much for their dowries that they might make choise of their husbands and be married The Troglodites the nights before they be married vnto their husbands must lye and keepe company with the next of their kin and after their marriage they were with most seuere lawes punished if they had offended It should seeme by the lawes of Licurgus in Sparta 300. yeares before the law of Solon in Athens which was 200. yeares before the law of Plato among the Cicilians which made no lawes against adultery that the Grecians tooke their instructions by imitation from the Egiptians For one after an other Solon after Licurgus and Plato after Solon trauelled to Egipt to other farre countries and brought the lawe of Bocchoris out of Egipt the lawe of Mynoes out of Creete and the lawes of the Gymnosophists out of India into Greece As among the Lesbians Garamites Indians Massagets Scythians and such that were more like to sauage beasts then to temperate people for by the lawe wee knowe sinne for I had not knowne what adultery was vnlesse the lawe had commaunded thou shalt not lust And therefore it was not lawfull by Moses lawe that a bastard or the sonne of a commonwoman should come vnto the congregation of the Lord or serue in any place of the Tabernacle or enter into the ministerie vntill the tenth generation so hatefull vnto the Lord was fornication adulterie and vncleannesse of life When Iacob had blessed all his children yet for that Ruben lay with his fathers concubine Bilha his father Iacob prophesied that he should not be the chiefest of his bretheren though hee was the eldest sonne of Iacob and the eldest of his bretheren for that he was as vnstable as water for defiling his fathers bed for among the Israelites it was a great shame and reproach for women to be barren therfore the wiues brought their maides to their husbands for childrens sake as Sarah brought her maide Agar vnto Abraham and Leah and Rachel brought to Iacob their two maides Bilha and Zilpha so Rachel gaue leaue to Iacob to lye with Bilha her maide who bare to Iacob two sonnes whom Rachel though not their mother named them as her owne sonnes Dan and Nepthali So Leah brought her maide Zilpha to Iacob who conceiued and brought him two sonnes of whom Leah was so glad that she named them as her owne sons the one Gad and the other Asar so that foure of Iacobs sonnes were borne by his maides and not by his wiues This was tollerated but not lawfull Though the Hebrewes were tollerated by the lawe of Moses to haue many wiues and concubines and Libels of diuorcement for the hardnesse of the lewes hearts as Christ said yet said our Sauiour Non fuit sic ab initio it was not so from the beginning Euen from the creation men liued vnder the law of nature for in mans heart yet not corrupted before the fall there was perfect knowledge in the lawe of nature as in the first man Adam was seene before his fall vnder the which the olde Patriarkes liued and sinnes were corrected and punished by the same lawe for it was a positiue lawe by nature set foorth and written in the hearts of men thus was the written lawe yet by Moses tollerated When it was tolde Iudah that his daughter in lawe Thamar was with childe hee commaunded that shee should be brought forth and be burnt Here the law of nature before the lawe written commaunded whoredome to be punished with death here Iudah though he detested whoredome in Thamar yet being found that the incest was committed by him found his fault greater then hers If a man be found with a woman that hath a wedded husband let them both die the death so shalt thou put euill away from Israel for the lawe is you shall maintain no harlots in Israel as the Cyprians and Locreans doo It was not lawfull among the old Romaines to call a bastard by the name of his father because he was the son of a common woman and no man knew who should be his father but they vsed for his name to write these two letters S. P. quasi sine patre as though he had neuer a father In Athens by the law of Solon a bastard