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A06131 A briefe conference of diuers lawes diuided into certaine regiments. By Lodowick LLoyd Esquier, one of her Maiesties serieants at armes. Lloyd, Lodowick, fl. 1573-1610. 1602 (1602) STC 16616; ESTC S108780 93,694 158

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lawes for it was the manner as well among the Grecians as among the Romaines euer to make lawes and neuer to keepe them And though the authoritie of the kings were taken away and derogated in many countries yet the force and power of the law stood in effect though the change thereof were dangerous For the lawe sayth Thou shalt not steale nor deale falsely heerein is included vnder the name of stealing all kinde of sacriledge falshood fraud lying one to an other and all other crimes pertaining to stealing Achan for his cunning stealing of a cursed Babylonian garmēt two hundred sickles of siluer and a toong of gold against the lawe at the spoile of Iericho was deliuered by the Lord to Ioshuahs hand who brought him with his sonnes his daughters all his cattells his Tent and all that hee had vnto the valley of Achor and there stoned Achan to death and burned them with fire the Lord euer preferreth obedience before sacrifice for the disobedience in Achan for breaking the lawe was the cause of his stoning The disobedience of Saul against the commaundement of the Lord was such that he lost both his kingdome and his life A Prophet that went from Iudah with the word of the Lord to Bethel for that he did eat bread in that place being forbidden he was killed of a Lion as he returned The man that gathered stickes vpon the Sabboth day against the commaundement the Lord commaunded he should be stoned to death We might thinke that the gathering of stickes and the eating of a peece of bread were but small faults that thereby the one should be stoned and the other killed of a Lyon had it not bene forbidden by the lawe So such men suppose Adams fault to be but little that for earing of an Apple in Paradise not onely he but his posteritie after him should loose Paradise but as the Angels in heauen by their disobedience lost heauen so Adam by his disobedience lost Paradise The Lorde spared not Kings for breach of the law as Oza and Ozias both kings the one for vnreuerent handling of the Arke vsurping the Leuites Office against the lawe was strooken with sudden death and the other for burning incense against the lawe which was the Priestes Office was strooken with leprosie The Lord spared not his owne Priest Aaron that for his incredulitie before the people he died for it in mount Hor. Neither spared the Lord his owne seruant Moses for his disobedience so that hee also died in mount Nebo that neither of them both came to the land of Canaan for their disobedience and diffidence in the Lord. So seuere the lawe of the Lord was that 50000. Bethsamites died for looking into the Arke Aarons sonnes Nadab and Abihu for offering strange fire before the Lord against the lawe were destroyed by fire from heauen Hence grew the ceremoniall lawes of the Gentiles touching their religion and sacrifices to their Gods So the women that attended the fire on the aultar of Apollo in Delphos were seuerely punished if by any negligence it happened to be extinguished neither might that fire being so extinguished be kindled again by any other then by the said women and by no other fire thē by the beames of the sunne The Vestall virgins in Rome if the sacred fire of Vesta weare out by any negligence that Vestall virgine that then attended should be brought Per Regem sacrorum to the Bishop to be whipt neither might any fire be kindeled againe to the goddesse Vesta but by the heate of the Sunne neither might they sweare by any other then by the name of Vesta the like ceremonies they vsed to Minerua in Athens So among the Persians Assyrians and Chaldeans they worship their sacred fire Vt Deorum maximum on their aultars seeming to follow Moses lawe Zaleucus an auncient Lawe-maker among the Locreans brought vp with Pythagoras the Phylosopher made a lawe against adulterers that both the eyes of the adulterer should be pulled out which being broken by his eldest sonne though all the Locreans ioyntly en treated for Zaleucus sonne yet said he the lawe must nobe broken and to satisfie the lawe Zaleucus pulled one of his sonnes eyes out and an other of his owne shewing himselfe a natural father to his sonne a iust Iudge to performe the lawes which hee made to the Locreans so seuerely were they punished that brake the lawes or sought to breake the lawes among the Gentiles Those people said Alcibiades do better which keepe the lawes they haue though they be worse then often changed for better Obseruatio legum morum tutissima that plant cannot take roote which is often remoued So Augustus Caesar wrote to the Senators that what lawes soeuer they had decreed and set downe should not be chaunged nor altered for better were it not to make lawes then to make so many lawes and not to keepe them Positas semel leges constanter seruate nec vllam earum immutate si deteriores sint tamem vtiliores sunt Reipub. Lu. Papirius Cursor the Dictator for that Fabius Rutilius brake the decree of the Dictator though hee had good successe and wonne a great victorie yet the lawe was that Fabius should dye neither could the captaines entreate him for his pardon that Fabius was constrained secretly to flye to Rome and to appeale to the Tribune of the people and to the Senators the Dictator followed Fabius to Rome saying that there was no lawe that any appeale should be made from the Dictator vntill Fabius and his father fell vpon their knees with the Senators and Tribune of the people to entreat for him and that for breach of the lawe though hee was Magister equitum the greatest and next in authoritie to the Dictator for the lawe-makers themselues that brake their owne lawes were punished as Zaleucus spared not his owne eye nor Diocles his owne life for breach of the lawe The like we find in Plato comparing the lawe to medicines mingled with poyson to that ende the patient might recouer his health by the medicine so that saith Plato the law is profitable to correct and amend the offender Vt medicamentis venena miscemus salutarifine instar pharmaci haec talia vtilia esse Diocles among other of his lawes in Syracusa made a lawe that if any should come armed with weapons into any Senate Court of Councell or before any Magistrate or assembly of people sitting in lawe causes he should die for it by the lawe of Diocles. This lawe of Diocles was the cause of his own death for as he was riding into the Towne being met sent for to mitigate some contention and debates among the people he making hast forgetting his sword on his side came to the Court and opened to them the lawe made to the people to be gouerned by willed them to obey the same but hee was tolde by some
with Iuye the aultar of Hercules with Popley and of Pluto with Cypresse so were the aultars of Minerua with Oliue and of Venus with Myrtle so that there was no seruice omitted no dutie forgotten no lawe broken in the superstitious and prophane religion of the Heathens So fond and superstitious were both the Athenians and the Romaines that the Athenians builded temples out of Athens to Pouertie and old age because they would faine expell these aged and poore gods out of Athens or else to put the Athenians in remembrance that they should pray vnto them least they should come to pouertie and to want The Romans and Egiptians builded temples to those gods that might annoy their cities out of their cities as the Romanes builded the Temples of Bellona Mars foure miles out of the gate Capaena in Rome to re●…ist and withstand the trecherie and violence of their enemies The Egiptians builded the Temples of Saturnus and Serapis out of the cities as gods to watch ward to defend their cities from the enemies and least their gods by inuocation or supplication of the enemies should forsake their cities the Romanes bound fast the Image of Mars and the Carthaginians Hercules See how blinde men in religion are ignorant in gods seruice and yet ignorance with some late learned men was termed the mother of deuotion The Lord commaunded Israel to serue no straunge gods but him onely and to come at three appointed feasts in the yeare to one place in the citie of Ierusalem to serue him and to sacrifice in one Temple the Temple of Salomon for as the Lord made choise of one nation to be his peculiar people so hee made also choise of one place Ierusalem where his name should bee worshipped and called vpon After that the Tabernacle was set vp the arke of testimonie set therin the Lord commanded Moses to bring Aaron and his sonnes vnto the doore of the Tabernacle and there to wash them with water after to put vpon Aaron the holy garments to annoint him and 〈◊〉 him that he might minister in the Priests office The Gentiles vsed the like ceremonies at the first co●…crating of any tēple which they dedicated to their gods that they should lay their hands vpon the porch poste calling vpō the name of that god to whō they consecrated the temple for whatsoeuer the Gentiles dedicated to their gods though prophane before yet after they were cōsecrated they were Sacra diuino cu●… mācipata ci●…er temples aultars mony religious places or otherwise For among the Romains the Grecians the dumbe deafe blind lame or maimed otherwise by nature were reiected from any office in the temples of their gods So was it among the Persians in like sort that no blinde or maimed man should minister vnto their gods Whence had they all these originals but as it seemeth from the lawe of Moses And as Moses was commaunded that Aaron and his sons should be first washt with water before they should put on their holy garments and minister vnto the Lord so the priests of Egipt should often wash and annoint themselues before they should serue and sacrifice in the temple of Isis. So the Priests of Greece washt and annointed themselues before they would sacrifice vnto Ceres And so among the Romanes in other places they seemed though they erred much to imitate the ceremonies of the Iewes who had their warrant from the Lord and they from the diuell Moses put on Aaron the coate and girded him with a girdle cloathed him with the robe and put the Ephod on him after he put the brest-plate thereon and put in the brest-plate the Vrim and Thummim he also put the golden plate and the Miter vpon his head and vpon the Miter the holy crowne as the Lord had commaunded Moses and he powred of the annointed oyle vpon Aarons head and annointed him that the excellencie of his calling might be knowne and the dignitie of his office present the maiestie of the highest Hence the Heathens and the Gentiles tooke their platforme as an example to be followed in the annointing and crowning of their kings by the Lord warranted and particularly set downe to Moses whereby you shall find by comparison that the prophane ceremonies of the Gentiles tooke their originall from Moses lawe in the annointing of their kings In the fourth Regiment is shewed how the Gentiles confirmed their lawes by diuers authorities faining that their la●…s were giuen to them of their gods with the straight keeping of the same THere was no lawe among the Gentiles made nor established vnlesse they were authorized and confirmed by some diuine power to satisfie ignorant people for the Heathens most preferred that lawe and esteemed that gouernment which was commaunded and allowed as it were from the gods as by Mercurius in Egipt by Iupiter in Greece and by Appollo in Sparta as you heard before So among the Locreans their lawes were authorized by Minerua among the Getes by the Goddesse Vesta and so the lawe which Sergius compiled to the Turkes to this day the Turkes holde it authorized and confirmed from the very mouth of their great Prophet Mahomet And for that a sperhawke brought in her clawes a booke written with red letters to the Priests at Heliop●…lis in Egipt containing the lawes and religion of theyr gods the Priests therefore euer after ware red Scar●… caps like the colour of the letters the feather of a sperhawke in their caps in memorie thereof So no warre was commenced nor battell taken in hand without such policies to intice and allure the souldiers to fight as Sertorius had his white hinde which he taught to follow him in his Affrican warres by whom he made his souldiers belieue hee was instructed to d●… any thing he did So Lu. Sylla would take vpon him in the sight of his souldiers to consult with the picture of Appollo to make his souldiers more obedient and valorous So did Marius with his Scythian woman Martha and so of others which I spake of in my booke of stratagems and now to the Sabboth The obseruation of the Sabboth was seuerely by the lawe of the Iewes kept for the Lord blessed the seuenth day and hallowed it to rest from our workes a●…d to serue the Lord signifying vnto vs our eternall rest to come and therefore the Iewes gathered vpon the sixt day in the wildernesse so much Manna as serued them vpon the Sabboth because they should not breake the Sabboth As the Lord Iesus was crucified on the Sabboth eue and rested in his graue the Sabboth day so careful were the Iewes to obserue the Sabboth that the holy womē that followed Christ with their odors ointments and spices staied from the annointing of his body vpon the Sabboth for the Sabboth was made especially that they should cease from labour and come to heare the lawes of the Lord and the voices of the Prophets
which are read euery Sabboth day in the Temple After the destruction of the Temple first builded by Salomon the Lord stirred vp Cyrus for the second building of the Temple and to deliuer all the vesselles of golde and siluer which Nabuchodonozer had taken out of the Temple of Ierusalem to be placed againe in the house of the Lord at Ierusalem according to the prop●… sie of Esay two hundred yeares before Cyrus time After Cyrus Darius and Artaxerxes kings of Pers●… commaunded in like manner that the Temple which was hindred for a time by meanes of the Samaritans to Cambises and others should be with great diligence b●…ded and all the vessels wich king Nabuchodonozer too●… away should be according to Cyrus Darius and A●… erxes three mightie kings of Persia againe restored to Ierusalem Among the Grecians the first day of euery moneth was their Sabboth called among them as among the Iewes Neomenia which they kept most solemnly serued most religiously their gods Among the Romanes the Nones and Ides of eu●… moneth were their Sabboths and obserued as religious daies on which daies they would commence no bat●… but as a Sabboth to serue their gods for on the Ides of euery moneth throughout the yeare the Romanes 〈◊〉 great solemnities with diuers sacrifices and religious ceremonies Among the Parthians they obserued the very day that Arsaces ouerthrew Zaleucus to bee theyr Sabboth for that they were restored on that day to theyr libertie by Arsaces which daye they keepe as a religious day and vse great solemnitie in memorie of their libertie The day that Cyrus ouercame the Scythians was one of the Sabboths of the Persians which they call Sacas And an other Sabboth day of the Persians had on the very day that their rebellious Magi were slain that would haue vsurped the kingdome in memory whereof they consecrated a feast called Magoph●…niah the which day was so solemne a Sabboth among the Persians that it was not lawfull for any of the Magi that day to goe out of his house The victories at Marathon and at Micala ouer the Persians was the Sabboth of the Athenians for among the Heathens the dayes of their victories and triumphs the dayes of their liberties restored and of their feasts were their Sabboths for as it was not lawfull among the Iewes to fight vpō the Sabboth day so among the Heathens they straightly obserued their religious dayes as their Sabboth Phillip king of Macedonia vpon the very day that his sonne Alexander was borne got two victories the one was with his Mares in the games of Olympia and the other with his men of armes in Thracia for memorie whereof hee decreed an annuall feast to bee made which was obserued for a Sabboth among the Macedonians The Iewes so obeyed and reuerenced their lawes that they would not breake theyr Sabboth daye in so much that they suffered theyr enemins to kill and ouerthrow them because they would not fight vpon the Sabboth day so did they when they began to build the temple before they would build houses to dwell in or walles to defend them but euery man readie with weapon in one hand for their enemies working with the other hand Nicanor going to strike a fielde with Iud. Machabaeus vppon the Sabboth daye was willed to hallowe the Sabboth who said is there a God mightie in heauen that commands to keepe the Sabboth day and I am mightie on earth that commaund the con●…ry but Nicanor lost the battell and his life in the battell and his head his hands and his blasphemous tongue were cut off and hangd on the Pinnacles of the Temple at Ierusalem Nehemias finding some Israelites prophaning the Sabboth day in carrying burthens he tooke them and rebuked them sharply for prophaning of the Sabboth day So straightly the Iewes obserued their lawes that he that gathered but a fewe stickes vpon the Sabboth day was taken and brought to Moses and Moses brought him before the Lorde and sentence of death was giuen vpon him by the Lord for breaking of the Sabboath saying Let him bee stoned to death by the people Such reuerence obedience the Iewes had to Moses lawe that when Alexander the great commaunded the high Priest to aske him whatsoeuer he would haue him to do whereas he might haue had Territories and Countries giuen him hee requested but the liberties and lawes of his Countrey to the poore Iewes that did inhabite within Asia and all the dominions of Alexander So did the Iewes that dwelt in Greece in Asia and in Antioch requested of Zaleucus and Antiochus the great nothing but that they might liue and enioy the benefites of the lawes of their countrey which is the lawe of Moses Neither could the Iewes endure any that would despise theyr lawes for a souldier vnder Cumanus the Romane President for tearing of Moyses bookes in contempt mooued suche sedition that they came armed to Cumanus and claimed to haue iustice executed vpon the souldiers that so despised their law for the tearing of one leafe The like sedition moued an other Romane souldier vpon the feast day of the Iewes by shewing his genitall parts scoffiing and flowting theyr lawes and religion so that Cumanus to satisfie the Iewes put both the Romaines to death to the losse of twentie thousande Iewes by the Romaine Armyes afterwards The Iewes suffered many ouerthrowes most willingly vpon the Sabboth day saying Moriamur omnes because they would resist neither Pompey the great nor Antiochus King of Syria vpon the Sabboth a●… the Romaines and the Syrians euer found mea●… to fight with the Iewes vppon the Sabboth daye on the which daye Pompey the great tooke Ierusalem Therefore Iud. Machabaeus made a lawe that to fight vppon the Sabboth day in defence of theyr lawes of theyr countreys and of theyr liues was no seruile worke but thought it lawfull to fight vppon the Sabboth daye with Nicanor a blasphemer and an enemie of the Lorde and his Armye and so ouerthrew Nicanor and slew nine thousand of his host so that vpon the Sabboth day any man may do good So Christ aunswered the Israelites for his Disciples beeing accused that they brake the lawe in eating the eares of corne haue you not read what Dauid did when hee was a hungrye to eate the shewe bread which was not lawfull but onely for the Priests So he also answered for himselfe beeing accused of the Israelites that he brake the lawe in healing the 〈◊〉 vpon the Sabboth day Which of you said Christ will not loose his Oxe or his Asse from his cribbe vpon the Sabboth day to water them The Sabboth day is the schoole of the Lord in the which he would haue his people taught and instructed not onely to heare the lawes read vnto them but to learne the lawes and to liue according as the lawe commaundeth them to that ende was man created that hee
should bee the Temple of God where the Lord might dwell and raigne within him and that the Lord should be our aultar vpō the which we should offer our selues vnto him in sacrifice both in body and ●…ule Among the Heathens the Sabboth of the Lorde was not knowne for that they knew not the Lord of the Sabboth this commandement pertained onely to the children of the Lord the Israelites to whom the law was giuen in hope of eternall rest The restoring to their libertie their victories their triumphes theyr feastes and the dayes of their birth these were the Sabboths of the Gentiles to serue to giue thankes and to sacrifice to their gods as before 〈◊〉 written but the Lord spake to Israel you shall not obserue time to make some dayes luckie and others vnluckie as the Gentiles did but only obserue your Sabboths and to come to the Temple to heare the lawes of the Lord read When Hanibal departed out of Italy the Temples were set opē according to the custome of the Roman●… that they might goe and giue thanks to the gods for the vanquishing of such an enemie Archidamus began first with seruice and sacrifice to the gods before he would attempt any great battel with the enemie Xenophon before hee had gotten his whole Armie reconciled and willing to craue the fauour of the gods in any distresse hee would take no iourney in hand The Gentiles obserued times dayes and moneths as the kings of Macedonia commenced nowarre during the whole moneth of Iune The Romans likewise obserued the Nones of euery moneth as vnluckie and religious dayes and refrained that time to take any great thing in hand The Germaines also had a lawe not to fight any battell in the wane of the Moone much like the Lacedemonians who were forbidden by Licurgus lawe that they should take no warre or battell in hand before the full of the Moone they were therein so religious that they absented from the battell at Marathon foure dayes The Romans also would enter into no field neither wage any battell vpon their religious dayes Cai. Caesar in his warres against Ariouistus King of the Germaines knowing that the Germaines hadde a lawe set downe that it was not lawfull for them to commence any battell in the wane of the Moone Caesar obseruing the Germaines to bee so religious gaue them a battell vnexspected and ouerthrew them So Titus Vespasian vpon a satterday the Sabboth of the Iewes subdued the Iewes destroyed the Temple and tooke Ierusalem as Pompey the great did before Before the Temple was builded in Ierusalem by Salomon the Israelites came to Siloh where the Taber●…cle rested to offer to the Lord as after they did to Ie●…salem In this Temple at Ierusalem the Lord promised to Salomon that he would present himselfe and appeare at the prayer of Salomon as hee promised to Moses in the wildernesse to appeare at the doore of the Tabernacle to comfort them and to further them in all theyr lawes The Angels that brake the lawes of the Lord in heauen were condemned and had iudgement giuen to bee prisoners in perpetuall darkenesse and man that brake the lawe in Paradise had sentence of death pronounced against him by the Lorde himselfe in Paradise And therefore Licurgus to haue his lawes continue among the Lacedemonians to performe the Oracle of Appollo which was so long should the Lacedemonians keep Licurgus lawes vndefiled as long as Licurgus should keepe himselfe absent from the Lacedemonians and therefore most willingly banished himselfe out of his countrey to dye in Delos that by his absence the lawes which he established amōg the Lacedemonians should continue his lawes therefore continued 500. yeares and more after his death The contempt breach of lawes in all countries were seuerely punished in so much that Charondas made a law to the Carthaginians Archadians others that they that found fault with paenall lawes should be crowned with Tamarisk and be carried round about the towne and so thence to be banished according to the lawe of the 12. tables Violati iuris paena este And therefore Antalcidas accused Agesilaus for the breach of Licurgus lawe for that he taught the Persians by often warres to become men from women Non diù in hos bellaadum ne ipsi bellicosi euaderint Charondas made an other lawe that if any that were cōuicted thought his lawe to be too seuere they might vpon condition make meanes to the people for abrogating of the lawe the condition was they should come with halters about their neckes before all the people in one place assembled which if they by complaining of the seuerities of the lawe should goe free the former law should be abrogated or mitigated but if they falsly accused and slaundered the integritie of the lawe they should be strangled with the same halters which they ware about their necks to accuse the law for the words of the lawes of the twelue tables which agree with Charondas lawe are these Legum iusta imperia sunto hisque ciues modestè sine recusatione Parento And yet it is necessary vpon occasions that lawes should be altered for saith Hypocrates Tempus est in quo occasio occasio in qua tempus though he applied this to Phisicke yet in the selfe same reason it serueth for the lawe Cicero thinketh the life and manners of good men often changed to be the cause of changing of the lawes and states of cities and Plato whom Cicero calleth Deum Philosophorum said that the least lawe made may not be chaunged nor abrogated without doing hurt or harme to the publique state of a common-wealth and therefore in Aegina he was euer accounted accurst that went about to make new lawes by abrogating the former For when Lysander went about to alter and change Licurgus lawes among the Lacedemonians hee was resisted by the Senators and the people though Lysander was the onely chiefe man in Sparta Likewise the whole summe of Aristotles Aeconomicall and Politicall lawes are but instructions teaching the rule and gouernment of a Common wealth iubendo parendo how men should know to doo good and auoyd to do euil to gouern and to be gouerned that the people should be defended from wrong so is the law of the twelue Tables Vis in populo abesto causas populi tencto And therefore positiue lawes in all countries were and are made from the beginning to maintaine ciuill orders and to determine of such orders and circumstances as are necessary and requisite for the keeping of the people in obedience of the same Of these and such lawes Plato wrote his booke de Repub tending to the administration and gouernment of the people according to the lawe The morall lawe commaundeth a iust and vpright ordering of iudgements contracts and punishments in a common-wealth Alexander Seuerus the Emperour therefore would make no lawes without the iudgement
law-makers of the world Quibus omnes antiquae gentes quondā paruerunt both for the more credit of thēselues better authoritie of their lawes made their subiects people beleeue when their first lawes were made that the gods were so carefull that they gaue them seuerall lawes to gouerne the people So Mena one of the first kings of Egipt affirmed that he had instructions for making of his lawes and decrees to the Egiptians from god Mercurius In like sort Licurgus made the Lacedemonians beleeue that the lawes which he gaue vnto them were deliuered vnto him from Appollo in Delphos The people of Creete were perswaded fully by Minoes their first lawe-maker that the lawes which he gaue vnto them were deliuered vnto him from Iupiter that thereby the law might the more be feared and the law-makers better obeyed So did Numa Pomp. warrant his lawes which he established among the Romanes concerning religion from the Nimph Egeria for the gouernmēt which was vnder kings is by Aristotle called Primus diuinissimus principatus When the first gouernment and state of Common-wealths fell by too much seueritie of kings as among the Romaines who were wearie of kings and had no lawe but Ius regis the iudgement and sentence of the king called in Romulus time Lex curiata whose seueritie grew to be such that the second gouernment in Rome which was by Consuls and Senators tooke place by fall of the first which lawe was called Senatus Consultus which grew so great by authoritie of the Consuls that a third kind of popular gouernment vnder the Tribune of the people was authorised to suppresse the misgouernment both of the Consuls and Senators as the Ephori were among the Lacedemonians made by Theopompus to bridle the insolencie of the kings So were the wise men called Magi in Persia without whom the kings of Persia could make no lawes And so the Magistrates called Megistenes had the like authoritie with the kings of Armenia as the Ephori had in Sparta Among the Carthagineans also were two chiefe Magistrates named Suffetes the one with the other to looke to the gouernment of the kings that they should iustly and rightly minister iustice to the people The Hebrewes likewise where God placed Iudges to gouerne the people of the which they were wearie and would haue a king so that the Romanes being wearie of kings would haue Consuls and the Hebrewes being wearie of Iudges would haue kings for all nations at the beginning began with the gouernment of kings sauing the Hebrewes which were as straungers and bondmen in Egipt without eyther king lawe or libertie foure hundred thirtie yeares euen from the comming of Abraham into Egipt vntil Moses and Aaron were commaunded to bring Israel out of Egipt at what time a lawe was giuen in Mount Sinai to Moses within fiftie dayes after the Israelites came out of Egipt that they should bee gouerned thereby before they possessed the land of Canaan After they had receiued the lawe the Lorde commaunded them that they should not make gods of siluer nor gods of golde hee also commaunded that they should make him an Aultar and thereon to offer burnt offerings and peace offerings with a straight charge that they should not make him an Aultar of hewed stones like the aulter at Damascus which Achab brought to Israel for that they should doo nothing of themselues after the manner of the Gentiles but by the Lords prescript rules which are his eternall lawes Yet before this lawe was giuen to Moses there were Aultars builded and sacrifices offered by Noah after hee landed out of the Arke at Baterion by Abraham after he came to the land of Canaan at Sychem by Isaac in Bersabe by Iacob in Bethel where hee fled from his brother Esau they were instructed by the lawe of nature written in the tables of their hearts to worship the Lord to feare him euen from the creation Vnder the lawe of nature the people of God liued and were assisted by the spirit of the Lord ministred vnto them by Angels and instructed by the Patriarches and liuely tradition of the fathers to the sonnes two thousand fiue hundred yeares before the lawe written Who doubtes but what Methusalem beeing in the company of Adam aboue two hundred fiftie yeares and with the rest of the Patriarches vnto the very floud liuing vnder the lawe of nature heard of Adam but Methusalem deliuered it to Sem what Sem heard of Methusalem but hee instructed Abraham therewith what Abraham heard of Sem hee shewed it to Iacob and what Iacob heard of Abraham hee taught it to Amri who was father to Moses to whom the lawe written was giuen so that the one was instructed by the other from the father to the sonne to serue and feare the Lord by the lawe of nature So that Enoch Noah Abraham Iacob Iob and all the olde Patriarches and godly fathers liued in the feare of God by the lawe of nature No doubt many things were written of the olde fathers before the floud and left to their posterities and after the floud generally ouer the whole world before the vse of paper lawes and learning were giuē by traditions frō the parents to the children their posterities as the Indians which had no lawes written no more then the Lacedemonians but by obseruations vntill the Indian Philosophers called Brachmaines found meanes to write in Sindone fine linnen or lawne as the old Egiptians vsed to write on the inward side of the barke of the tree Biblus or as Vlpian saith the Grecians vsed to write on the barke of the tree Tilia for in auntient time from the beginning lawes were written on the inward side of barks of trees as on the barke of Beech trees Elme Ashe Palme trees and such for the great library in Alexandria by Philadelphis compiled and the library in Asia by A●…talus and Eumenes gathered together were written in Haedonis Chartis in goate skinnes During all which time there was no mention made neither of gods nor of Idols though Satan plaid the first Idolater in practising to Adam Eue saying Eritis vt dij Ye shal be like gods on earth your eies shal be opened Satan by degrees deceiued Adā first asking him questions then doubting then denying saying you shal not die which was the first lye in the world so Satan proceedeth with his stratagems as Gregorius Magnus saith in Vnoquoque lapsu a minimis semper incipitur Yet after the lawe written was giuen Idolatry was presently committed before Moses came downe from the Mount so that there was no Idols mentioned nor spoken of before Rachel Iacobs wife stole her father Labans Image and brought it from Mesopotamia in her husbands company towards Canaan where Laban accused his daughter that she stole his gods away But Iacob within a while after he came to Canaan commaunded his houshold and all that were
of 20. of the best learned Ciuilians with the aduise and consent of 50. of the grauest and wifest councellors that were within his Empire to examine whether the lawes were iust profitable for the people before they should be published but being once published as a lawe extreame punishment was appointed for the breach thereof as is before spoken without any appeale frō the lawe without some great extraordinary cause of appeale As among the Hebrewes in any citie of Iudah that if they could not rightly iudge nor discerne throughly the cause according to iustice by the Magistrates of the citie they might appeale to the Iudges named Sinadrion in Ierusalem from whence no appeale could be had So among the Grecians they might appeale from the Areopagites in Athens from the Ephories in Sparta and all other cities of Greece to the Amphictions at Trozaena which were appointed general Iudges for the vniuersall state of Greece in martiall and military causes and there to sit and determine twise a yeare of the whole state of Greece and further to heare and to iudge of some other great causes and capitall crimes from whose sentence no other appeale was to be had for out of euery citie in Greece in the Spring and in the Autumne to the Amphictions at Trozaena they sent Embassadors whom the Greekes called Pytagorae So among the Romanes a lawfull appeale might be had from the Consuls to the Senators from the Senators to the Tribune of the people and from the people to the Dictator which continued vntill the time of the Iudges called Centum viri for Sententia Dictatoris iudicia centum viralia were both lawes of life and death from whose iudgement and sentences there were no greater Iudges to appeale vnto of the like authoritie were the Decem viri from whom also there was no appeale during their gouernment So in diuine causes we may appeale to mount Sion from Mount Sinai from the lawe to the Gospell from Moses to Christ our perpetuall Dictator from whom we haue no place to appeale vnto for our eternall saluation In the fift Regiment is declared the choice of wise Gouernours to gouerne the people and to execute the lawes among all Nations and also the education and obedience of theyr children to their Parents and Magistrates ALl Nations made their choise of the wisest and chiefest men to rule and gouerne their countrey imitating Moses who was by the Lord commanded to choose seuentie wise graue men to be Iudges among the Israelites called Synadrion which continued from Moses time who first appointed these Magistrates vntill Herods time who last destroyed them for in euery citie of Iudah seuen Magistrates were appointed to gouerne and to iudge according to the law of Moses and for their further instructions in the lawe they had of the Tribes of the Leuites two in euery citie to instruct and assist the Magistrates in all actions according to the lawe The Egiptians being next neighbours to the Hebrewes though they mortally hated the Hebrewes yet theyr gouernment of Dinastia vnder thirtie Gouernours elected and chosen out of Eliopolis Memphis Pellusium Thaebes and other chiefe cities of Egipt seemed to imitate Moyses lawe vnder Aristocratia So Solon appointed in Athens certaine wise men called Areopagitae as Iudges to determine of life and death and of other criminall causes Among the old Gaules the Druydes sage and wise religious men had authoritie both in warre and peace to make lawes and to determine of the state of theyr countrey The lawes of all Nations against disobedient children to theyr parents are manifest not onely the lawe of nature among all Nations vnwritten but also the diuine lawe of the Lorde written commaundes children to bee obedient to theyr parents as the lawe sayeth Whosoeuer curseth his father or mother shall dye and his bloud bee on his owne head for that hee curseth his father or mother If a man hath a sonne that is stubborne or disobedient let his parentes bring him vnto the Elders of the Cittie and there accuse him of his faultes saying my sonne is a Ryotour a Drunkarde and disobedient vnto his parentes the lawe is that all the men of that Cittie shall stone him with stones to death This commaundement was esteemed among all Nations euen among wicked men as Esau beeing a reprobate so the Lorde saide Esau haue I hated and Iacob haue I loued yet Esau hating his brother Iacob in heart saying that the dayes of his fathers sorrowes were at hande for I will kill my brother and most like it is that he would haue done so had not the Lorde which appeared to Laban the Syrian in a dreame by night for that hee followed Iacob from Mesopotamia said to Laban Take heed to thy selfe that thou doo or speake to Iacob nothing but good as the Lorde kept Iacob from Laban so he kept him from his brother Esau. Notwithstanding Esau came to his father and said hast thou any blessing for me see that obedience and feare was in Esau towards his father Isaac though hee was a wicked man he determined not to kill his brother before his father died least Isaac his father should curse him The sonnes of Samuel the Prophet Ioel and Abiath which were made Iudges in Bersabe by rheyr father Samuel beeing olde they turned from theyr fathers wayes tooke rewards and peruerted the right the people complained to Samuel that his sonnes followed not his steppes and therefore they would haue a King to gouerne them as other nations had See the ende of Iudges in Israel by the wicked Iudges Ioel and Abiath two wicked sonnes of a good and godly father and the cause of the ouerthrowe of the Iudges in Israel The two sonnes of Eli their offences were such that their father being an olde man was rebuked of the Lord for suffering their vnthriftinesse and wickednesse which was the cause that the Priesthood was taken from the house of Eli for euer so that the gouernment of Iudges in Iudah and also of the Priesthood were taken away by the corruption and disobedience of wicked and vngodly children Obserue likewise the end of kings and kingdomes by wicked kings by Ahaz who offered his sonnes in fire to Moloch by Ioachim and his sonne wicked fathers which brought vp wicked sonnes The kings which were 21. in number continued fiue hundred and odde yeares Who would haue iudged that three such good Kings of Iudah should haue three such wicked children As Dauid had Absolon who sought most trecherously to dispossesse his father of his kingdome As Ezechias had Manasses who offered his sonne in fire to Moloch and filled Ierusalem with bloud Or as Iosias had Ioachim whose wickednesse together with Zedechiah was so disobedient to the Lord and his Prophets that he lost the kingdome of Iudah Who would haue iudged that Salomon the onely wise king of the world hauing
children to straunge Nations as the Phrygians and others did for to relieue theyr parents for necessitie sake and yet farre better then to burne kill and sacrifice theyr children to Images and Idols as Ahaz Manasses and others did Bocchoris made a lawe against idlenesse for all idle men in Egipt were compelled to write theyr names and to giue account how they liued This lawe was brought by Solon from Egipt vnto Athens where they gaue the like account in Athens as they did in Egipt before the Areopagites for we read that the figge tree because it was barren and bare no fruite was spoyled of his leaues and therefore the well exercised man is compared to the Bee that gathereth honye of euery weede and the euil sloathful man to the Spider which gathereth poison of euery flower Bocchoris made an other lawe against those that clipt any coine diminished the waight changed the form or altered the letters about the coine that both their hands should be cut off for Bocchoris lawe was that those members should be punished that committed the offence So carefull were the Hebrew women for their children that their fathers should not name them but the mothers should giue them such names as should signifie some goodnesse or holinesse to come as a memoriall to the parents to thinke vpon their children besides giuing them their names their naturall mothers should be Nurses to their childrē as Sarah was a Nurse to Isaac her son Zephorah a Nurse to her son Moses the blessed Virgin Mary a Nurse to her sonne Christ Iesus our Sauiour so the two wiues of Iacob Leah and Rachel gaue names to all their children the twelue Patriarkes the sonnes of Iacob So Iacob corrected his children kept them vnder and blessed them at his death so Iob prayed for his children and offered for his children vnto the Lord euery day a burnt offering and so was Dauid for his sonne Salomon so carefull that he committed him to the Prophet Nathan to be brought vp in wisedome and in the law of the Lord this care had the Hebrewes to bring vp theyr children in the lawe and feare of the Lord. The very Heathens euen Phillip king of Macedonia was glad to haue his sonne Alexander borne in Aristotles daies because he might be brought vp in his house with him and instructed with so great a Philosopher Agamemnon was in his youth brought vp with wise Nestor of whom Agamemnon was wont to say that if he had but ten such wise Consuls as Nestor was he doubted not but soone to subdue Troy And so was Antigonus brought vp with Zeno chiefe of the Stoik Philosophers where hee could heare see nothing but what he sawe and heard from his maister Zeno. There bee many parents in the world that weigh not how they liue themselues neither esteeme how to bring vp their children like the Troglodites whose children were named after the names of the beastes of their countrey as horse ramme oxe sheepe lambe and such alledging that the beasts were their best parents in feeding in cloathing and in all other necessary helpes and therefore they would rather bee named after these beasts that maintained them in life and liuing then after their parents who gaue them but bare birth against the lawe of nature and therfore they and such are to be called Antinomi I doubt too many of these in many places may bee called Antinomi which degenerate from their parents both in name and in nature yea from all lawes rather to be beasts then to haue the name of beasts like people in Affrica called Atlantes whose children haue no names at all but as the Troglodites were named after theyr beasts and therefore well called Antinomi so these people leaue their children like themselues without names not like beasts but beasts indeed and therefore well and truly to be called Anomi for many haue the names of beasts that be neither beasts nor like beasts for as the Troglodites that before their parents preferre beastes against the lawe of nature are called Antinomi so these Atlantes in Affrica worse then beasts are called Anomi which is without any name It is much therefore in parents to shewe good examples before their children for what children see in the parents or heare from theyr parents that lightly will they imitate for the tree is bended when it is tender the horse is broken when he is a colte and the dogge taught when hee is a whelpe so children must be instructed and brought vp when they are young for that seede which is sowed in youth appeareth in age for Vertue must haue a time to growe to ripenesse Therfore Marc Cato the Censor made meanes to remoue Manlius from the Senat house because he wantonly imbraced and kist his wife before his daughter saying that his wife durst neyther imbrace nor kisse him before his children but for very feare when it lightned and thundered Hieron King of Cicilia sharpely punished Epicarmus the Poet for that he made and read certaine light verses before his daughter So was Ouid for the like offence bannished from Rome and so was Archiloccus from Sparta for saying it was better for a souldier to loose his shield then to loose his life The children of Bethel had they bene well brought vp they would not haue mocked flouted Elizeus the Prophet they might as well haue said Ozanna in excelsis with the children of Ierusalem as to say Ascende calue vp balde fellowe But true it is as Isocrates faieth that rude and barbarous men not brought vp in Vertue from theyr youthes should neuer or seldome prooue iust or honest And so it is written that Equus indomitus euadet durus filius remissus euadet praeceps And therefore both the Romaines and the Grecians were carefull to haue graue wise vertuous and learned men to bring vp theyr children in the feare of God Among the Lacedemonians Licurgus lawe was that expert and iudiciall men should bee founde out which were named Paedonomi to instruct and teach the youth of Laced●…mon for in three things especially the Grecians brought theyr children vp in Learning in Painting and in Musicke and especially great mens children in dauncing and in singing as Epaminondas and Cimon and for that Themistocles Alcibiades found great fault for that great Captains should become dancers they were therefore reprehended and answered that Epaminondas and Cimon were as great Captaines as they The Egiptians were wont to bring vp theyr children in Arithmeticke and Geometry and the Kings children in Magicke People of Creete brought theyr children vp in three things first to learne the lawes of theyr countrey secondly to learne Hymnes and Psalmes to praise theyr gods and thirdly to learne to sing the praise and fame of their great Captaines Among the Indians theyr wise men called Brachmanes made a Lawe that theyr Children should be brought after two
seditious men that he made lawes and brake them himselfe to come with his sword on his side against his owne lawe to the Court Diocles forgetting that he had his sword on his side answered I will streight satisfie the lawe drew his sword out and slue himselfe in presence of all the multitude I am not ignorant that some say that Charondas was he that made this lawe and not Diocles. So Licurgus willingly banished himselfe to die out of his countrey that the lawes which he made in his countrey might continue according to the Oracle Pythagoras disciples thought whatsoeuer their maister said was sound and sure they would haue no other proofe but what Pythagoras said Ipse dixit Likewise Aristoles schollers they would seeke no other proofe whether it were right or wrong but what they found in Aristotles booke est Aristotelis Vilescit princeps qui quae iusserat vetat quae vetuerat iubet For the which fault Cato reprehended Pompey for that hee brake the lawe which hee made before when hee was Consull The Israelites had not such trust and confidence in their Lord and God as eyther the schollers of Pythygoras or of Aristotle had in their maisters but said wee will obey the Queene of heauen wee will sacrifice to the calfe in Bethel and offer our children to Moloch in the valley of Hinnon See the diffidence which the Israelites had of their Lord and God of whom the Prophet said Ipse dixit facta sunt ipse mandauit creata sunt for by his word heauen and earth were made and by his commaundement all things created and yet not so much obeyed as Pythagoras was of his disciples or Aristotle of his schollers nor so much worshipped of his people Israel as the two calues made by Ieroboam in Dan and Bethel Old customes once rooted in long time confirmed are taken for lawes also whatsoeuer is done by example it is supposed that it may bee done by lawe so Cicero saith Quod exemplo fit id etiam iure fieri putant when in truth wicked customes are named Vetustas erroris non veritas legis though corrupt and leaud manners of men were first the cause that lawes were made yet euill examples may not bee allowed as lawes The auntient fathers and Patriarkes were Poliga●… but not thereby to make good lawes by ill examples for it is said Praua consetudo magnus tyr annus In the tenth Regiment is shewed the disobedience of man against the Lord with the seuere punishments of all nations against theft THe Lord commaunded rauens to feed Elias and they did obey him he commaunded the Sunne to stay ouer Gibeon and the Moone ouer Aialō a whole day and they obeyed him the Lord commaunded the winds the seas fire haile snowe Ise and tempests and they obeyed his commaundement all creatures obey the Lord but man the chiefe creature which the Lord created according to his owne Image And therefore said Cicero Legi obediunt maria terraeque hominum vitaiussis supraemaelegis obtemperat the heauens the earth the sea and all men liuing obey the supreme lawe which is the lawe of God which Cicero calleth the lawe of nature Lex est illa circaea virga qua taetaeferae hominesque mitescunt Lawe is the rod apointed to tame man and beast The fraud of Giezi Elizeus seruant because he went secretly like a theese after Naman the Syrian and made a large lye that Elizeus his maister sent for a Tallent of siluer and two garments the Prophet beeing his maister gaue sentence on him that the leprosie of Naman shoulde cleaue and sticke to him for euer Giezi heere stole nothing but onely for his falsehood and lyes which with sacriledge and robberies stealing of cattell fraud deceit and the like are included within the precept of stealing for the law is Thou shalt not steale nor deale falsly neither lie one to another thou shalt not do thy neighbour wrong neither robbe him The vision of the flying booke signified the curse of theeues and such as abuse the name of the Lorde with oathes for all theeues and swearers shall be iudged by this booke for this booke shall remaine in theeues houses and in the houses of them that sweare falsly by my name saith the Lord and shall consume them with the timber and stones thereof Many poore theeues are fettered chained in prisons but great and publike theeues are cloathed in gold and purple Such was Heliodorus that came to robbe the Temple of Ierusalem from king Zaleucus who was so scourged and whipt that for golde and siluer he had stripes and stroakes that scarse thence he escaped aliue So should Shesac king of Egipt Antiochus king of Syria Pompey the great and Mar. Crassus the Romain Consul these foure great mightie theeues had bene as wel plagued and punished as Heliodorus was when they robd the Temple had it not bene for the great sinnes of Iudah and Ierusalem Many like Dyonisius after he spoyled the temple of Proserpina in Locris and sailing with a good gale of wind from Locris to Syracusa see said he to his mates fellowes how prosperously we saile after this our sacriledge Many againe robbe in scoffing sort like the same Dyonisius the tyrant who tooke the golden garment from Iupiter Olimpian in Peloponesus saying that it was too heauie for sommer and too colde for winter and therefore he commaunded that Iupiter should be cloathed with a woollen garment light for sommer and warme for winter many such like sacriledges are scoffingly committed in Christian Churches Many make but a ieast of theyr theeuerye and falshood with Dyonisius who when hee had taken the golden beard of Aesculapius away said it was no reason the sonne should weare a beard seeing his father Appollo had none If any man be found stealing any of his brethren the children of Israel and selleth him the thiefe shall die for the same the like is spoken to him that taketh the neather or vpper milstone to pledge The seuere lawes that they had in Phrygia against theft were such that hee that stole but a ploughe share from the fielde or a forke or a rake from a meadowe should by the lawe in Phrygia die In Athens the lawes of Draco were so hard streight against theft that for the least filching or stealing the theefe should die for it If any man in Athens should steale hearbes to make pottage or to take some dung of beasts for to dung his owne ground from another mans ground it was by Dracoes lawe a capitall crime He that borrowed a Horse of his neighbour and would ride further then the place appointed by the lawe of Draco hee might haue an action and therefore Demades saide that Dracoes lawes were Leges sanguine scriptae lawes written with blood the least fault in Athens by the lawe of Draco
seuere was the Lord in his lawes that he spared not Moses himselfe And therefore Zaleucus made a lawe among the Locreans to suppresse the pride and insolencie of great men who did more harme theyr Countrey through pride and ambition then they did profit theyr countrey by iust and true dealing The like lawe against ambitious men was made in Syracusa which secretly sought through ambition to excell others in singularitie both in wisedome and in wealth and therefore were they banished for fiue yeares out of Syracusa according to the lawe which was made against ambitiō called Petalismus least their greatnesse through ambition should do more harme to their countrey then good In Rome for a time ambition was not knowne vntill the Romaines grew great out of Italy then Cai. Petilius Tribune of the people made a lawe that no man through ambition which then grew in Rome together with the greatnesse of the Empire should make meanes by money or reward to beare office in Rome After Petilius Cincius decreed an other straight lawe against ambitious meanes to become Magistrates that none of the Patricians or any other that were ambitious to become magistrates or officers in Rome should come in a gowne or any long garment into the Senate least they should carrie money secretly in their bosome to corrupt the people for the choosing of Censors Praetors Consuls and other officers were in the election of the people both in Rome and in Athens alike for there was nothing in Rome but Forum Senatus lawes decreed in the Senate by the Senators and weapons in the market place by the Tribune ansd the people to resist the same The lawe of Cass. Longinus Tribune of the people was that euery Tribe by it selfe of the 35. should bring their seuerall Tables where the voyces of the people were secretly prickt to auoyd ambition and quarels which lawe was called Lex Tabellaria An other lawe among the Romanes was to auoyd ambition among the people that the Senators with the consent of the people should elect one Consul and that Consul so chosen should choose one of his own friends to be his fellow Consul for it was not lawfull for both the Consuls at one time to haue Serieants to beare Maces before them but one after an other monethly neyther might a Consul be chosen againe within ten yeares after his Consulship which lawes were made onely to auoyd ambition The like law was among the Thaebans against Merchants that were called Mercurij proles which hunted for priuate profits and gaped for gaine which forbad them that had bene officers within ten yeares after not to be chosen gouernours againe in that office for that Merchants be not fit men to be Magistrates and as Aristotle saieth Parum generosa haec ratio vitae vertuti aduersa Against which Demosthenes exclaimed in his bannishment the three monsters of Athens Populus Noctua and Draco but two of these monsters ruled alwaies in Rome and in Athens Noctua Populus men and money And therefore the lawe Ostracismus was made in A thens against such ambitious men as would secretly seeke to growe into greatnesse to win the fauour of the people that they should be banished out of Athens for tenne yeares as Themistocles Alcibades Demosthenes and others This lawe of Ostracismus was euer readie in A thens so long against the greatnesse of ambitious men that at length it grewe against base men that would practise any sinister meanes among the people For it was a practise among the Athenian least one should growe greater then an other to make this lawe Ostracismus according to Aristotles rule Neminem vnum magnum facere communis custodia principatas The kings of Egipt that did not minister iustice rightly nor obserue the lawe iustly while they liued might not be buried after they dyed for it was lawfull for any man to accuse the kings of Egipt before they were buried of any ambition iniustice or crime before committed against the law for nothing was more ignominious to the kings of Egipt then to bee depriued of their burialls which made them liue more circumspectly vsing iustice and obseruing the lawe But what were the Kings of Egipt better to be buried in sweete odours in their Pyramides or the Heathen Princes of the world to be buried in Suis Mausoleis was not poore Lazarus better in Abrahams bosome then the rich man tormented in hell for hee cannot bee ill buried wheresoeuer he is buried that dyeth well neyther can he dye ill wheresoeuer or howsoeuer he dieth that liueth well and therefore Non potest male mori qui bene vixcrit saith Augustine A people in India called Pedalij among other theyr vowes and prayers they wished nothing to bee graunted vnto them of the Gods but to be iust and to vse iustice Appollonius Thianeus the Philosophers wish was Pa●…a habere Nullius in digere and to knowe good and iust men and to auoyd the company of wicked and vniust men Socrates wish was to haue a sound minde in a sound body In Eliopolis a cittie of Egipt the Image of Iustice was set vp in the market place without a head and on the right side of Iustice the Image of a king was painted blinde without eyes because he should not see his friends nor foes but gouerne without affections and on the left side of Iustice the Image of a Iudge was painted without handes because hee should not receiue bribes and be corrupted in his iudgement Iuditij venenum sua cuique vtilitas and therefore the Iudges called Areopagitae in Athens might not sit on life and death in the day time while the sunne were vp but in the night because they might not see the prisoner in the face to moue affections but to heare theyr causes to do iustice so is the lawe of the Lorde Accept not the face of the poore feare not the face of the mightie So the Philosopher could say Deus enim nusquam nunquam iniurius semper iustissimus A Philosopher after hee had seene these pictures at Eliopolis hee caused the picture of an ambitious magistrate to be painted without legges because hee should not climbe too high saying Agesilaus climbes in Sparta to ouerthrowe Thaebes and Epaminondas climbes in Thaebes to ouercome Sparta This is that ambition euery where Quae frontem aperit mentem tegit But these ambitious men remember not Lots wife who seeking to saue her life by looking back on Sodome she lost both her selfe Sodome and Zegor So that among all nations in all countreys ambitious men are such that some with Absolon seeke to plant and set their names on earth by some monuments of fame but die ignominiously without monuments or fame like Absolon Some with Sebna build them sumptuous Tombes in theyr owne countrey but are buried in an other countrey Some with Achab build them Iuorie houses who