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sin_n law_n nature_n transgression_n 6,060 5 10.0236 5 true
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A11376 Of the antient lavves of great Britaine. George Saltern Salteren, George. 1605 (1605) STC 21635; ESTC S116514 35,849 88

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of Caesar and al of them are laid to their charge by Gildas Ephes 5. and other Histories For such thinges procure the wrath of God to bee powred out vpon them as saith the blessed Apostle as Italy France and other Countries haue by that meanes receiued some barbarous touches and Ireland yet wasted and subiect to great calamities desolation is an eye witnesse of the same experience which heeretofore was gouerned with peace ad ciuilitie and now hath many examples extant of strange immannities And as these are the iust plagues inflicted by the diuine Iustice vpon our Neighbour Iland for the contempt of the Gospel and such offences as aforesaid so were the same inflicted in those times vpon the Britaines for treading vnder foote the light of nature and the knoweledge of God which Gildas signifieth that the first inhabitāts had many excellent doctrines of Religion of justice which were but obscurelye in part preserued by the Druidae and some fewe of the better sort But to returne where wee left as in other thinges the Britaines maintained the manners of the auncients Diodor Sic. so in that auncient diuision of this Land into seueral Nations and families the most antique manner of great nations was obserued For not onely amongst the Hebrewes but amongst the Persians Athenians Romans Xenophon ●●uy et ali in this Iland the Scots being freer from publike inuasions had the like diuisions being a poynt of ciuill gouernment verie necessarie for many good and Politicke constitutions and therefore vsed and preserued amongst all the primitiue Nations as agreeable to reason and nature and is to this day obserued as most consonāt to the word of God Cap. 8. AS in the distribution of persons and of the land the Britaines were politick and ciuil so in their proceedings of Lawe in their iudgements and in their Sciences it appeareth that they were not so barbarous as hath been taken for their varieties of excellent learning to note that by the way Sir Iohn Prise in his booke to King Edward the sixt Sir Iohn Prise Historiae Brit. Defensio prooueth that all learned sciences were knowne and handled amongst them To his booke I send those that are desirous to be satisfied in that point And although it may be strongly inferred that a Nation giuen to the studdies of all excellent learnings must needes be polished with good lawes yet for the more cleere euice heereof I purpose to shew that their lawes in particular were most iust good as being deriued out of the lawe of God written in nature and in Scripture and for that reason not altered but transmitted to posteritye and that they doe yet remaine amongst vs as I said before First of al vnder fauour I cannot agree the opinion conceiued by Gratian that al thinges by the Lawe of nature were common Part. 1. Dist but as I take it the distinction of properties was enacted by Almighty God in the beginning by him imprinted with other Lawes in nature by vertue of the wordes Gen. 1. vers 28.29 Beare rule ouer the earth which gaue to man both dominion and propertie of all thinges And to proue that it was so that it was so vnderstood Gen. 4. it appeareth by Cain and Abel who in the verye beginning were seueral possessors of grounds Lands Sheep fruites of the earth and Cities inhabited and in the Historyes of Abraham Iob and other the Patriarches there is mencion made of buying and selling and of diuers offences punished by Lawe But by what Lawe if not by the Law of nature And if the Law of nature be the same which is contayned in the Lawe the Gospell as Gracian in the first entrance of his distinctions affirmeth If the terme commaundements be an abridgement or exposition of the Law of nature as he saith in an other place And if distinction of propertyes be inacted the desire of other mens goods forbidden euery where in the Lawe the Gospell and the tenne commandements then is Gratian in this poynt contrary vnto him selfe But that it is so forbidden appeareth by the eight and tenth Commaundement and in the first to the Romanes where Couetousnes euen in an heathē man is accounted for a sin Rom. 1. which could not be but by the lawe of nature as it is in that place vrged For where there is no Lawe there is no transgression saith St. Iohn other lawe there is not to condemne a Pagan Therefore taking that for a point not hard to be proued and which all lawes haue taken as a principall confessed by vertue of that lawe which is euery where the same how-soeuer some authorities haue swayed to the contrary we finde partly by the wordes of Caesar Dio Arist Eihic that this Island had her owne lawes concerning the diuision of groundes inheritances Iudges the distinctiō of properties that there were certaine courses of proceedings and that there were punishments for contempts and offences Dio Lib. 53 First Dio saith that 20. yeares after the comming hither of Caesar Britannia suis Legibus vsa est Britain vsed her owne Lawes and what these owne Lawes of Britaine were Caesar sheweth his wordes be these Druidae fere de omnibus controuersiis publicis priuatisque constituunt et si quod est admissum facinus si caedes facta si de Haereditate definibus controuersia est ijdem discernunt praemia praenasque constituunt si quisaut priuatus aut populus eorum decreto non stetit sacrificijs interdicunt The Druidae saith Caesar whose discipline he affirmeth to be foūd out and most perfect in Britaine doe iudge for the moste part of all publike and priuate controuersies If any offence or Homicide be committed or if the controuersie bee for bounds or inheritance they doe determine it appointing punnishments rewardes If any priuate man or corporation stand not to their decree they forbid them their sacrifices c. vnder the names of offences and Homicides he comprehendeth all criminall causes vnder controuersies of lands or inheritance are contained all ciuil actions by the words of controuersie iudgement determination and decree he sheweth that they had a certaine forme of proceeding by punishments and rewardes he sheweth that their sentence was compulsiue So this testimony proueth that they had a setled forme of iudgements in those three maine parts whereof Iustinian hath composed his whole worke I say De personis rebus et actionibus To touch a few particulars it must needes be inferred vpon Caesars words that they had a certaine forme of conueyance and course of inherit●●ce in their lands For else how could controuersies of inheritance and Lands arise to be decided in iudgement Now if any man consider well of our auncient forme of conueyance by Feoffment and Liuerie and the solemnitie thereof vsed not onely after but before the conquest Histor Ely he shall finde it to bee are like of the