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A08874 An essay of the meanes hovv to make our trauailes, into forraine countries, the more profitable and honourable Palmer, Thomas, Sir, 1540-1626.; Zwinger, Theodor, 1533-1588. Methodus apodemica. 1606 (1606) STC 19156; ESTC S113921 84,643 147

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season and verie needefull in speciall cases Neuerthelesse there bee many verie pertinax in this opinion that Though a State shall inflict for good causes a greater punishment on malefactors for such and such crimes then the lawes of God or of Nature doo yet they are ignorāt by what warrāt of like policie any State may abbridge the rigor of the law of God in capitall offenses For such lawes say they are both iudiciall and eternal by which policie no doubt States may bee best gouerned for proofe whereof the abbridgers say they of such laws are by the heathē people that haue not the written law of God conuinced taught how to rule in like cases Of humane and positiue lawes there is a variable consideration according to the vse and titles that euery Countrie and State holdeth peculiarly almost As generally heere in England wee tearme our law by the name of Common law it being a peculiar law to this State and members So the Romans in times past called their law the Ciuile law Though indeed all good lawes as Iustinian himselfe confesseth may wel enough be tearmed Ciuile lawes yet for distinction sake let it bee taken heere whensoeuer wee shal name Ciuile lawes for those that were refined by the Emperor Iustinian and set foorth by him the which at this day are vsed in most of the ciuile States and Nations of Europe either in part or altogether From whence let Trauailers make this obseruation Whether the lawes of the Countrie wherein they trauaile be lawes prerogatiue or positiue For there are some Countries gouerned by lawes meerely prerogatiue of which wee will first expound to such as intende for to trauaile These kinde of Lawes be for the most part vnwritten and therefore require the more care to be searched out and into for their vncertaintie Moreouer let Trauailers obserue how farre the prerogatiue of Princes and States doth stretch ouer their Subiects For there are some so absolute and sole tyrannous that all things are gouerned according to the will of the Prince and euerie commoditie of the Countrie stands at the Princes pleasure Such is the Tartarian and great Cam. Others there are halfe tyrannous whose displeasure and will hath no law to curbe the vnrulinesse thereof such is the Turke the Muscouian and the Pope Others there are according as they are religious and fearers of the true God and Princes of ciuile and religious States whose prerogatiue is much but yet in ciuile and honest actions being free themselues from punishment of their lawes in some sorte and may from time to time dispense with and chaunge their lawes constituting new as is expedient for the good of the Common-weale Neuerthelesse some there are that haue of these also greater prerogatiue then others according to their gouernment and state of policie For better discouerie the law prerogatiue is to be searched either in the person of the Prince or in the Magistracie which hath his power from the Prince on State The Prince or State if it bee an Aristocracie hath absolute power not controulable to command anything action or person whatsoeuer carrieth semblance of good to the State or that cōtrarieth not the law of God of Nature Moreouer to forbid controule anything persō or actiō whatsoeuer of like nature whether by word of mouth whether by letters proclamatiōs edictes or such like means as Princes or States vse And lastly by cōmission to authorize other to reward and punish according to the offence done euerie fault that is not encountred by the Law positiue alreadie perseruing the life members and speciall liuelyhood of the delinquents The prerogatiue of the Magistracie may be discerned as in our Countrie in the high Court of Parliament in the authoritie of the Councell in that of the Starre Chamber in the Lord Chancellor Lorde Treasurer Lord high Counstable Lord Mareschall Lord Admirall in the principal Secretarie in the chiefe Iustices and iudges of the Land in each Maior and Towne Corporate and lastly in euerie high Commissioner and speciall Officer that the Prince of this Land deputeth to vndergoe any charge at home or abroad So is it in all other States and Countries The which being cōsidered by Trauailers they shal be able to discerne the authoritie royall of the Prince and State as well in Politicall as in Ecclesiasticall giuing making of Lawes Touching the lawes Positiue they bee either Political or Ecclesiastical The Political are either ancient Maximes of perpetuall obseruāce or Modern mutable The ancient are such as the Romanes called the Ciuile lawes in speciall such as the French their law Salique such as we the Common law The Moderne are all those lawes which goe vnder the name of Statutes Decrees Ordinances Edicts and such like being in all Ciuile States put into print the which are by so much the easier to bee attained vnto by Trauailers wherin they may at leasure discouer euerie thing as in a glasse either cōcerning the nature of the people or the State of the Countrie The Politicall lawes are changeable according to the standing of things that the State may grow to perfection The Ecclesiasticall are tradicions lawfull or vnlawfull The vnlawfull bee such as are contrarie to the lawe of God and tha● in no sort tend vnto edification of which crue a Trauailer shall meete within most States But let him bee carefull to collect the best wheresoeuer the which hee shall discerne by their coates namely if they crosse not Gods word or destroy not more then they edifie The lawfull tradicions be rules or Canons of doctrine of manners of rites and Ceremonies pertaining to godlines that consent with the holy word of God and tend to edification Touching the rules of doctrin the Apostles inspired with the holy Ghost haue left many the generall and prouinciall Synodes of godly and honest minded men haue set foorth others the which are for the vnderstanding of the holy Scriptures verie profitable And lastly euerie lawfull State and Church hath absolute power without the consent of the Pope or any other forraine approbation to doe the like gathering euermore their constitutions rules form the word of God Touching those of manners and of Ceremonies euerie lawfull State and Church hath absolute power to decree that which shall be most agreeable with the nature of the State yet so as all those Constitutions tend to edification and bee so neerely drawen from the holy Scriptures and the best discipline of other Churches as neere may be These bee the exacte rules for to make discouerie wherby three commodities shall redound to Trauailers First they shall be able to iudge whether the Countries leane by their lawes to this or that religion Secondly whether the people be nourished in the right or wrong and lastly they may gather thereby the most sincere and vpright orders for the perfecting of their owne Countrie and informing themselues For when such are well seene
will the libertie whereof resteth in the hands of God only to dispose of then of all men those are most free that ground their Religion vpō the word of God which only is able to enfranchise and giue an assured hope of standing vnto the sincere professors thereof making mens actions holy and warrantable euerie where Hence the subiects of a nation that persecuteth the Gospell of Christ establisheth lawes derogatorie from the true worship of God cōmanded onely in the holy scriptures haue their Supersedeas authenticall For which cause hath God least his seruants should make shipwracke of their faith and conscience whom he hath not fitted to be Martyrs made a way in the hearts of Princes that they may trauell into other Nations peaceably and there abide till the Lord shall remooue the rodde of persecution from his Church Of which wee haue singular testimonies both in the dayes of Queene Marie and contrariewise in the blessed reigne of Queene ELIZABETH Who granted to seuerall Nations within her Dominions freely to exercise their Religion and that in distinct formes in their seuerall tongues for the better entertainement of their consciences Nowe to auoyde the inconueniences of this libertie that many vpon blinde zeale and offended consciences may pretend such Trauailers must obserue these Rules following or the like First that all subiects before they enterprise trauaile in this kind are to consider with themselues whether there be not some other licentious affectes that spurre them forward For though men vpon other grounds of affectes haue libertie to trauaile by licence or flight yet is their iournying altogether displeasing to God and disparageable with men much more in the case of religiō For it is made changeable and turneth soone into hypocrisie Secondly such are to ponder well whether the Religiō which they professe and would gladly exercise be that which by Christ was instituted and by his Prophets and Apostles contained in the Canonicall scriptures wherein all ceremoniall and olde blind sacrificing worshippe all humane traditions that consent not with the faith and to edification all idolatrie and politicall gouernement that derogateth from GODS glorie is forbiden as thinges damnable From hence are all perigrinations and pilgrimages to any place for the performance of vowes or sacrificings for sinnes impious and vaine Thirdly howbeit for the nourishment of that true and righte Religion men maye bee iustly mooued to trauaile yet it is the office of all so trauailing to weighe and consider with themselues first whether the same bee not professed alreadie in their Countrie or libertie permitted for such to exercise the same For if there be an exercise thereof there or a toleratiō though in a priuate sort a subiect only for this ought not to trauell nor forsake his owne Land Countrie parents brethren and that Church whereof he is a member for any other vaine perswasion or fancie Fourthly if so be ther be neither publike exercise not priuate toleration and in case ther bee Lawes prohibitiue for trauelling it is the dutie of euerie subiect to mooue the Prince or Magistrare to whom authoritie is comitted to grant licence the which if it can not bee obtained it is better to venture flight and shunne persecution then to abide it vnlesse such an one can find in his hart the motions of strength and courage to suffer persecution for the truth of the Gospell without wauering Yet of the two it is better to flie from persecution then being come into it to saint so leaue their hope faith in ieopardie Lastly let not such stand indifferent whether they goe so they may be prouided for for if there be any choice the best is euermore to be elected And therfore considering in outward shew that is best where the Gospell is flourishing yet in other cases dāgerous I presuppose three kind of places to trauaile into for this kinde of people and only one free from danger The first a State which is enemie to their Countrie The second a State neerely linked in many respects to their Countrie The third a State which is indifferent I meane such a State as is neither fast friend nor apparant enimie To peece out our discouse about these it is needelesse being apparant vnto all men that the newter or free state is least dāgerous to be trauailed into for this kind of people Their offices now in trauaile offer themselues First considering they are now become separates from the world their courses must be so much the more spirituall that the prouident hand of God may not be remooued from them and that hee may receaue them as members of his Church into fauour againe Wherefore let them serue God truely in those places wherein they shall be dispersed that they may cause euerie nation fearing God to tender their estates and to relieue their necessities Secondly let them demeane themselues euerie one according to his estate and abilitie answerable to the Lawes customes of those places wherein they shall happily abide that no hatred or mislike befall on such And in case the number of those shall be so great as to make a congregatiō by themselues hauing humbly obtained the same of the Prince or Magistrate in a place conuenient it behoueth such a Congregation to institute that Order of discipline which may best sort with the Magistrats pleasure that no iarres or dissension arise therein or other policie be established then that which consenteth with other godly Churches vnlesse it shall be left vnto their owne election to sample their discipline after the most reformed and esteemed Churches about which if controuersie arise let the appointment thereof be referred to the Magistrate or Prince of the State And in case the same be thus once considerately established wherein no iust offence to any may arise though in euerie politicke bodie there are some weake members that are scandaled at things indifferent the same ought to bee continued without alteration least dissension and displeasure creep in a thing most displeasing in the church of God and to strangers in a strange Nation most dangerous But in case the numbers of such be so small and the place will not permit a distinct Church then ought such to be conformable vnto the discipline of that place auoyding also all publike and priuate mislike of the discipline or gouernement there vsed A●d though that State retaine in their policie many things which were better left out then commaunded yet strangers are to followe the doctrine and not externall things as Ceremonies and orders For the intermeddling therewith sauoureth not of Christianitie and knowledge Thirdly in case such be depriued of maintenance or if the custome of that place wherein they liue doe accompt it requisite let euerie one in his calling bend himselfe to some honest Science or mechanicall trade that they may not only get their liuings honestly but may bee also reputed good members of
that there were Lawes Morall contained vnder the Decalogue or ten Commandements perpetuall to all people and Nations though for a season the Gentiles were gouerned by another consenting Law therewith namely the Law of Nature Secondly that there were Lawes Politicall and Iudiciall peculiar to the Common-weale of Israell and lastly Lawes Ceremoniall which being meerely politicall also were temporall and to be abrogated by the perfecter namely by Christ by whom all the Ceremoniall and infantiue Lawes were disannuled and vtterly cancelled Moreouer it may not be forgotten that vnder that vnwritten Law of God is contained the Law of the spirit and of life which is peculiar to the Church of Christ that quickeneth the vnsanctified and weake Law of Nature inscribed in the hearts of men imprinting the will of God in their hearts whereby men by many degrees steppe forwarde in the true knowledge of God seruing of him at an instant as it were through the efficacie thereof more then euer by the Law of nature they are able to do These things thus briefly exposed vnto Trauailers let it not seeme tedious to any to consider well thereof For without an exact knowledge of the Law of God there can be no sound iudgement of the rest And as our Sauiour Christ soundly reproued Nicodemus the Pharisie for that he was a iudge in Israel and knewe not things of such excellencie and of so great importance so might a Trauailer bee censured for a shallow and ignorant person that trauiling into the lawes of Nations and peoples is neuerthelesse to be found ignorant in the Lawes of God of their deriuations which properly be the fountaines of all naturall and humane lawes that be good honest through the world But touching the Law of Nature there is some controuersie amongst the learned For the Lawyers define the Law of Nature to be that which teacheth all Animall liuing things But the Scholist Diuines say the law of Nature that to be which is common to all people and that by instinct not by constitution restraining the same only to men Wherefore to make the same more euident by fauourable interpretation of both wee distribute the Lawe of Nature into Common and Proper The Common is that which equally is common to other liuing Creatures aswell as vnto men that is to say to defend themselues against violēce to preserue and maintain their liues and States to propagate procreate nourish instruct their owne to eate drinke sleepe rest mooue and such like things euerie species according to his being and kinde The Proper is that lawe which is only peculiar vnto men being the will of God and diuine reason inscribed immediately by God in the hearts of all men wherby generally they know what is good and euill and consequently what is to be followed and auoyded the law of conscience by which the heathen and such as haue not the law of God written shall be iudged The effect of which law is displaied in the knowledge of God and in the worshippe of him and also in the conseruation of mutuall loue and societie betwixt mankinde From which not only the law of Nations hath a name of substance but the humane and positiue lawes their descent and speciall deriuation as from the spring of right and reason Moreouer this law is not equally or so effectually planted in the hearts of all men alike but in some more plentifully then in others according to the secret and wonderfull dispensation of the good pleasure of God in the gouernement of the world From whence there ariseth such strange worshipping of God amongst the Heathen almost euerie Nation in a variable sorte Thus wee may see furthermore that the law of Nature and of Nations strictly and in the proper sense taken may well bee confounded for one and the same concerning actions though after the common sense they are distinguishable For the law of Nations is a certaine right and equall reason that naturally bursteth out of men and Nations for the necessarie vse and conseruation of mankinde and for societie the which is also perpetuall and arguing the conscience if it dissent from the same From whence the Lawes of Armes concerning prisoners taken in the warres the entertainement of messengers and forraine Ambassadors as all manner of contractes twixt person and person State and State haue their authoritie and reason and doe in speciall manner giue a name to the law of Nations to the lawe of Nature which offereth to our Trauailer these three cōsiderations First that in the Courts of Princes as otherwhere hee obserue what order and manner of entertainement and respect is giuen to Ambassadors and Messengers of forraine States Secondly if such an one chance to arriue in the warres of other Princes and States to note the carriage of one aduersarie to another in matters of right and of Prisoners and Captiues especially as of Combattes In a word to get their discipline Lastly to note amongst heathen people what order in buying and selling exchanging lending borrowing mortgaging pawning and keeping of societie For happily from thence hee shall descrie a more equall carriage and behauiour in them by the law of Nature only guided then many of our Ciuile States do by all their meanes of knowledge in the laws of God of Nature and of men the which we might easily prooue But to our Point now concerning the Lawes Humane Those are called the Lawes Humane which frō the capacities of men are conceited by men are promulgated and authorised whether they depend vppon the Law of God and of Nature or vpon their owne fancies Wherof there are two rankes Honest and Iust or Tyrannicall and vniust The honest and iust do flow frō the general springs and Maximes of the diuine and naturall law ordained for the publike good of the Church and Cōmō-weale Wheras the Tyrānical vniust issue out either of the vsurping breasts of vnlawfull authoritie that haue no power to make lawes or from such as hauing power do after their own carnall mindes make ordinances for their owne proper commoditie and behoofe whereunto the traditions of men yea and euery superstitious ordinance and euill custome may be referred Wherefore whensoeuer a Trauailer shall looke into the body of the lawes of any Countrie or people let his iudgement be neither partiall nor weake but grounded vpon the sound rules and eternall reason of the diuine and Naturall Law Moreouer by the word Lawes humane is meant in this place the written positiue and politicall Lawes For in substance they are all one and conuertible yea and for the profitte of each Nation commutable so as they neuer contrarie the lawes diuine or naturall By reason whereof we finde that some honest lawes in qualitie differ either in punishing or rewarding or in inciting to that which is good or restraining from that which is euill the which is meerely a politicall promulgation consonant to some States for a