together yet sometimes it cometh to passe that they slash cut and wound one another in a fearfull manner this is a wicked custome taken from the Heathen and against Gods Law and some Law ought to be provided against it Some of the (t) Godw. Ant. Rom. l. 2. sect 3. c. 10. p. 9â— 99 100. Heathen have restrained this wickednesse and (v) Sympson Chu Historie Life of Constantine p. 61. Constantine the first Christian Emperour utterly put down and prohibited the same It was Abner the General of that wicked rebellious Absolom who first set up this cruelty under the pretence of play or sport 2 Sam. 2.14.16 26. There is no Law against Idolatrous Pictures and Images of which the Picture of Christ as is pretended is the most common this and such like Pictures are unlawfull as being teachers of lyes Willet in Exod. 20. 2 Com contr Ex Uysino Vrsinus condemnes them upon this ground because Christ being both God and man the Image must needs be a lying Image because it cannot represent the God head whom no man hath seen nor can see 1 Iohn 4.12 Deut. 4.15 Li. Assisse 19. pl. 2. 32. H. 8. cap. 38. 2 Ed. 6. 23. 27. Neither is there any course setled about divorce which is to be done by the Magistrate nor is it declared for what cause there may be a divorce at the Common-Law there were many ridiculous causes of divorce which were taken away by the Statute of 32. H. 8. formerly spoken of (w) Cook Comm. Littleton Li. 3. Sect. 380. p. 235. Cook l. 6. fol. 66. and li. 5. foâ— 98. b. and divers unjust causes of divorce yet remains since that Statute The power of divorce was then left in the Bishops and their Courts (x) Wison Histor Britan. pag. 68 69. Adultery by our Law doth not dissolve Maâ—iage A vinculo Maâ—rimonii but only à Mensa Thoro. but these de causa 1. Praecontractus 2. Metus 3. Impotentiae sive frigiditatis 4. Affinitatis seu consanguinitatis are still causes of divorce and dissolve the vâ—ry bond of Mariage Cook Ut sup Junius in Deutr. 24.1 3. Matth. 19.9 Amesius l. 5. de conscientia cap. 38. fol. 371. The baudy Bishops allowed causam frigiditatis to be a sufficient cause of divorce in the case of the Noble Earle of Essex and declared his Marriage a nullity upon that ground There ought to be some other settlement that place seeming to give liberty for divorces Deut. 24.1 2 3. is not to be read positively let him give her a Bill of divorce but hypothetically If he give her a Bill of divorce that is cleared by our Lord Christ Math. 5.32 Luke 16.18 28. That there is no Law against lying except it be for telling false news of Counsellours of State and great men Insomuch that I have known when a fellow hath been the onely material witnesse in a cause and by his means the Suite hath been prosecuted having affirmed he would testifie thus and thus when the cause came to Tryal this witnesse swears the clean contrary (y) The Law of the Romans called Talio that such a witnesse should pay what the Plaintiff by means of his falshood is adjuged to pay might justly be inflicted upon suâ—h a witnesse and the same is agreeable to the Law of God Exod. 21.24 Lev. 24.20 Bodin Republ. l. 40. p. 470. and being asked at the Bar if he did not say such and such words contrary to that he swears he hath impudently answered or the Counsel hath answered for him that he did formerly but discourse with the party to please him because he was earnest with him but now he is upon his Oath he must and doth speak the truth And yet no punishment was ever inflicted upon such a knave for his lies Levit. 19.16 Prov. 18.21 Iam. 3.8 Raising of lyes and false rumours are prohibited by the Laws of Geneva pag. 32 37. 29. There wants a Law to supprâ—sse the Rudiments of unlawfull (z) Perkins 1. vol. com p 43. Deut. 13.1 3. aâ—d 18.10.11 Magick and (a) Tit. Livius l. 8. pag. 294. and lib. 39. p. 1033. C. Wizards and fortune tellers sevâ—rall times banished by the Romans and thâ—ir bookes burned seâ— the place last above mentioned Tac. Annal. l. 2. c. 8. p. 43. and Hâ—st Tac. lib. 1. c. 4. p. 16. observation of Heathenish customes and for surppressing of books of Magick Conjuring Judicial Astrology and many other Devilish Arts and usages now very common in England which prepare men for consultation with the Devil and bring them within the compasse of Wich-craft before they be aware I could name many of these Tricks and Devices and tell the Authors who discover them some to good ends and some to bad ends that I suppose they are too well known already and it were well such things were wholly concealed and the books burned as the same kinde were by the converts Acts 19.19 Although they were prized at 50000. pieces of silver which is of our money at least eight hundred pounds and surely they would never have been burned if they had been of any use or might have been lawfully kept It sufficeth to know that they are against the Law of God and invented by the Devil and his Agents to drive a man from belief of Moses and the Prophets and to turn men from God Now Astrology Judicial is in great credit almost as much as it was amongst the Heathen Babylonians Graecians and Romans but in many things hath neither (b) The Heatâ—en Romans had then good dayes and dismall dayes as the Astrologers have without any ground or reason at all two of the most famous dayes were the 16. and 18. of July Tit. Liv. l. 6. p. 217. A. B. foundation in nature or reason much lesse in the Law of God but these Astrologers judgements are meer conjectures grounded upon the opinions and sayings of Sorcerers Conjurers and other men like themselves the whole Judicial part of Astrology being condemned by the Learned as the (c) K. Ja. Daemonol l. 1. c. 4. p. 13 14. Perkins ut sup p. 44. Furius Scribonianus was banished for consulting which wizards and Calculators of Nativities Tac. Annal. l. 12. cap. 11. pag. 171. Root of many Devilish Arts and hath been prohibited by some of the (d) Sueton Trang in vita Augusti Caesaris Sect. 31. Idem in vita Tiberii Sect. 56. in vita Auli Vitelii Sect. 14. Heathen Roman Emperours and their books likewise burned and Astrologers And these Astrologers are reckoned with the Southsayers and Conjurers in the holy Scripture Dan. 2.2 Jer. 10.2 Isa 8.19 20. 1 Jam. 4.14 (e) Wall on 1 Corint 2.2 Ex. Pico Mirand The Astrologers attribute those things to the Stars which belongs to God alone To Conjecture of mens fortunes ends vertues vices c. by the Stars is impious and who seeth not but that these deceivers are ignorant of what shall befall themselves
this annex'd a Proviso That it shall be lawful for the Covenanter at any time during his life to revoke any of those Uses This is good in Law the Proviso being coupled with an Use But at Common Law if a Feoffment or other Conveyance had been made with such Proviso the Proviso had been repugnant and void 42. By the Common Law all men were at liberty and might use what Trades they would without being bounden Apprentice 5 El. c. 4. 11 El. c. 11. 1 Jac. c. 16. 1 Jac. c. 17. But by the Statute of the 5 Eliz. Chap. 4 the whole business of Servants and Apprentices is setled and all men who use any Trade Art or Occupation which was a Trade at the making of that Act are bound to serve as Apprentices seven years and in some cases by other Statutes restraint is laid upon some Tradesmen from keeping too many Servants which is contrary to the Common Law 43. By the Common Law no Costs were given to a Defendant which was a great Oppression but that is amended since Littleton wrote 8 El. c. 8. by several Acts of Parliament and now the Plaintiff shall pay Costs in almost all cases in personal real and mixt Actions unless upon Demurrers and in Popular Actions where the Informer discontinues he shall pay Costs 44. The Law concerning Interest of Money since Littleton wrote 13 El. c. 8. 21 Jac. c. 17. 3 Car. c. 4. 20 H. 3. c. 5. 3 H. 7. c. 5 6. 11 H. 7. c. 8. hath been altered several times by Acts of Parliament By the Common Law and some old Statutes lending of Money for Usury as it 's called was unlawful and the one half forfeited so lent Afterwards it was permitted to take ten in the Hundred for Loan or Interest by the Statute 37 H. 8. then the Statute of the 21 Jac. 37 H. 8. c. Coke l. 5. Rep. Claytons Case brought it to Eight in the Hundred and now it 's reduced to Six in the Hundred which is a great alteration of the Common Law 45. In the old Law-books there are few or no Actions upon the Case for Words now of late there is nothing more common and this seems to be a great alteration since Littleton wrote The pleadings are clean altered they are said to be brought into form in Edw. 3. his time but very short which are now grown excessive long and that which was usually disputed by the Lawyers seems now to be put into the pleadings in writing in many Cases 46. The Writ called a Clausum fregit Vpon this Writ the Plaintiff may declare in any Personall Action as if the special matter had been in the Writ is a late Invention I mean to the purpose it 's now used serving in stead of a Latitat and is of very great use insomuch as it serves to expedite mens Suits and saves them from abatements and so from losing their Suits and enforcing them to begin again in case where there wants good Instructions or any thing mistaken in the Original This is a change of the Law since Littleton wrote in point of Practice 47. By the Common Law M.F. ordered to pay 5 l. for serving an honorable person with a Subpoena about Easter-Term 1634. a Noble-man could not be Arrested nor his person imprisoned upon Mesne Process in any Personal Action neither could a Subpoena be made forth against him In the first Case there was onely (a) Cowel Inst Jur. Angl. l. 4. Tit. 2. sect 5. p. 291. a Summons and thereupon a Distress and so Issues returned untill the Defendant appeared and in the later Case the Lords Commissioners then Lord Keeper or Lord Chancellor use to write his or their Letters to such Noble-man to give him notice of the Suit desiring him to appear and Answer Now Noble-men are used as others are Their Priviledge of Peerage being not allowed to them This is an Alteration of the Law in point of Practice Now upon Consideration of all this it 's evident That Littleton and the Common Law hath been altered in so many particulars which are not thing trivial but points most material and of general Concernment to all sorts of People and especially there being as I take it very few Particulars enumerated but what appear by Sir Edward Coke his own Writing to which I most confine my self to have been altered and changed as aforesaid besides many more Alterations of the Common Law which have been made in some things of High Concernment as appertaining to Religion and other things more Trivial and of less Concernment and yet worthy to be taken notice of but here omitted as being besides the Scope of the Matter in hand because Littleton hath written nothing of the same And although I have referred all these Alterations to Fourty seven particular Heads yet upon perusal thereof the Reader may finde in some one of those Heads many Particulars comprehended and very few of them mentioned but contain more then one Particular I say That every man who will but observe what is here set down will agree with me That Littleton hath been altered in more then an hundred Particulars besides what Alterations are made in other parts of the Common Law of which Littleton hath not written And therefore That sure Lâ—ttleton or the Common Law was not so Perfect and Compleat nor so Profitable to the People as the world hath judged it to be it having had need of so many Alterations and Amendments CHAP. IX That there ought not to be a Court of Law or Justice and another of Equity such as now are in England maintained or suffered in any Nation professing the Gospel THis Position is so clear that the contrary hath no manner of Foundation of Truth either in the Law of Nature Right Reason or the Word of God For that Justice is but one as Truth is but one and simply one and Justice and Injustice are opposites I speak of distributive Justice not of Essential Justice in God from whom some Arguments might be brought to confirm the point in hand but that appertains to another Consideration nor have I here to do with Commutative Justice concerning the various management of Affairs in Commerce between man and man for rectifying the Abuses Frauds Oppressions Wrongs and other Enormities therein It pleased Almighty God to set up this Light and to Ordain Powers and Authorities to distribute (a) No Act of Parliament either printed or not printed in former or later times gives the L. Chancellor power to hold any Court of Equity Coke Inst 2 part Art super Chart. p. 553. All Courts of Law at Westminster said to be Courts of Equity in the time of Ed. 3. Coke Instit 2 part Art super Chart. p. 552. Justice and Equity amongst men for the upholding of Society Political and Oeconomical and the preserving of Sobriety and Temperance and for encouragement of men in well-doing (b) Cock Essay p. 139. The
H. 3. Dayes in Real Actions 51 H. 3. Dayes in Dower Preface to the book of Common-Prayer 5 6 Ed. 6. cap. 3. 2 H. 5. cap 4. The Returns of Writs upon the Dayes dedicated to Saints and Angels and Apocryphal Saints and upon Popish Holy-dayes such as S. (x) The true Michael is Christ who is like God as the Name signifieth Dan. 12.1 But this is some counterfâ—it Michael Michael S. Hilary S. Martin All Souls All Saints The Purification at the best are Superstitious and it 's determined by the Learned That the Dedication of Dayes to Saints is part of the Idolatry of the last times much worse are some of those Dayes mentioned in the Statutes dedicated to Idols as the Rood Corpus Christi the day when the Idol or false Christ was carried in Procession and worshipped being the third of May S. Thomas the Martyr that is Thomas a Becket mentioned in the Statute who was adored and worshipped blasphemously thus Tu per Thomae sanguinem quem pro te effudit fac nos Christe scandere quo Thomas ascendit (y) Verst Rest decayed Intel. p. 54 55 to 64. The dayes of the Week dedicated to the Sun Moon Tuysco Waden Thor Friga and Seater being old Saxon Idols The like may be said of the Moneths dedicated to Janus Mars Maia (z) Suet. Tran. Sup. Jul. Caes p. 2. in vita August Caesar sect 31. Syms Church-History in the Life of Commodus p. 27. Ex Euscb Julius Caesar Augustus Caesar c. These are taken notice of and used in the Law upon all occasions and cannot be changed without change of the Law but they ought all to be abolished according to those Laws Psal 16.4 Deut. 12.3 4. Exod. 22.20 23.13 Perk. Idol last Times 1 Vol. p. 683. Col. 1. August de Civit. Dei l. 12. cap. 10. 1 Corin. 10.12 The (a) Tit. Liv. l. 29. p. 719. f. Tac. Annal. l. 2. c. 7. p. 42. Heathen had such Holy-dayes dedicated to Idols in imitation of whom the Papists appointed such dayes as are first mentioned 25. The Oath as it 's administred in all Courts smelleth of (b) Stamf. Pl. Coro tit Trial per Battel l. 3. c. 14. f. 177. Idolatry (c) Willet in Exo. Hex in Com. 3. Decal The Jews swear upon their Thorah which is the Pentateuch or five Books of Moses This Custome is condemned as Superstitious our Laying the Right-hand upon the Gospel or New-Testament and kissing the same is no better Although some Superstitious persons account these very profitable and significant Ceremonies They ought the rather to be rejected for that such a kinde of Oath hath no resemblance to any Oath in holy Scripture But rather the lifting up of the Hand (d) Laws Geneva pag. 12. These Ceremonies of Laying the hand upon and kissing the Book are condemned by the most Learned See the Treatise of Oathes p. 57. written by the Nonconformists Horn. Mirror Justice c. 3. sec 24 25. Expos Forest-Laws fo 40. an Old Manuscript is to be approved and the significancy of the Ceremonies abovesaid an Oath being a Solemn part of Gods Worship makes them utterly unlawful for that it is the Office of Christ in his Word to appoint Teaching Ceremonies in his Worship And the truth is by the Common Law the party Swearing makes Idols of the Saints and sometimes of the Book the words are So help me God and all (e) Idem Cowel Instit l. 2. Tit. 3. sect 8. p. 115. sect 15. p. 119. p. 287. Saints and sometimes The Contents of this Book Gen. 14.22 Deut. 32.40 Rev. 10.6 Deut. 6.13 Mat. 5.34 35. Some Lawyers hold and amongst the Civilians it hath been constantly used That the Guardian may swear upon the Soul of his Minor or Pupil The very words of the Law are these which I finde in a (f) Cowel Inst Jur. Angl. l. 1. Tit. 21. sect 4. p. 70. Ex Fitz. N. B. f. 118. Body of the Law set forth by the late Kings Professor of Law in Cambridge Custos in Animam minoris Jurare potest and so the Proctor or Attorney may swear upon the Soul of his Master This is the same with Jurare in verba Magistri 26. (g) Kitch Felo fo 26. 23 H. 8. c. 1. 1 Ed. 6. c. 12. 5 Ed. 6. c. 9. 10. 8 El. c. 4. 39 El. c. 15. Doct. Stud. c. 8. fo 17. b. The Law against Felonies in many Cases as the Stealing of Goods worth five shillings out of a house or from a Stall in a Fair or Market or any small sum of Money from a Mans Person secretly and some greater Felonies for which the party convicted shall have Judgement of Death without any mercy or moderation of Justice as it 's called when more heinous Offenders have favour shewed them by means of that foolish Usage The Clergie This severity is clearly against the Law of God (h) Willet Hex in Exo. Gen. Observ p. 4. Rawl Hist l. 2. c. 4. sect 16. for the Magistrate to shew more rigour then Moses becometh not the Gospel It 's a Rule amongst the best Learned That it is not lawful for any Magistrate to inflict a greater Punishment for any Offence then is appointed by Moses Judicials although it's held there may be a mitigation Circumstances being considered in some cases not Capital nor to adjudge any man to death where the Sentence of Death is not given by Moses Willet Hex in Exo. General Observat p. 4. (i) Godw. Ant. Rom. l. 3. sect 3. c. 9. Cock Essay p. 166. This severity may better be turned to servitude and labour where Restitution cannot be had in the House of Correction like the Romans Pistrinum or Metallum or Mine-works or the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This would be a greater terror to the Atheists of this Age then Death it self it being a professed Maxime amongst such That a short life and sweet is better then a long life and sorrowful and the same is more agreeable to Gods Law Eph. 4.28 Exod. 22.1 3 4 7. 2 Sam. 12.6 (k) Tac. Annal. l. 14. c. 13. p. 215. Where other Punishments are by Laws inflicted without note of Severity for Crimes not Capital which make mens lives miserable There is no use of the Executioner or Halter 27. (l) 15 H. 7. c. 8. Finch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f. 145. b Rast Entr. tit Quare Impedit fo 473. a b. 474. a. 465. b. Coke Entr. tit Quare Impedit fo 469. a. 489. a That Law That he that hath the perpetual Advowson of a Church as it 's called may sell the next Presentation when the Church is full so the Incumbent be not Languidus in Extremis it being a Lay-Hereditament This is an Impious Law and the Merchandize of Rome whose Merchandizes are amongst other things said to be the souls and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bodies of men not Slaves as it 's usually
defective Matthew 5.27 28 38 39. Daniel 7.25 Nehem. 9.13 14. Esth 1.19 Ezek. 20.24 25. Esth 3.8 17. The matter concerning special Verdicts is a business needless Every mans purse who hath a special verdict witnesseth this I have known two hunderd pounds spent to know whâ—n a lease should Commence which seems plain to every Ordinary Capacity but the wits of men made the matter doubtful uncertain Special vedict between Sowtham and Clerk in the upper-Bench now in the Common pleas Let all who have contractâ—d at these places say whether this be not true and if they deny it the Author will either by Instances prove the truth of it or put it out of the next Impression and acknowledge his offence and of unsuffâ—rabâ—e charge which might be prevented if the Judâ—e in his â—ircâ—it where he took the verdict would but report the matter in a few words to his fellows or if all the â—uâ—ges at the Bench would determine what the Law is when they hear the tryal for that their Judgment then would be as effectual as when it is given upon a special verdict for that if either party dislike the Judgment he may bring a Writ of Error as well in one case as in the other where a verdict is given by the Jury There are few of these verdicts if they be upon Titles but they cost an hundred marks one both sides Drawing Ingrossing Copying and Entring somtimes much more and generally serve for nothing but the oppressiâ—n of the people and inriching of some few Officers contrary to the directions of the Holy Scriptures Job 29.16 Amos 5.7 Isa 2.6 18. To these oppressions and evills in the practise of the Law I may well adde the practise of new Law at Drury-house Worcester-house Gurney-house and other places for sale and Contracts of Lands confiscated These Cloyster up themselves and usually a man may wait a week before he can have an anâ—wer and spend four times as much upon Door-keepers as the Fees o the order come to and he that hath the best skill to do his own business is enforced to entertain one of their Offiâ—ers to do it because another cannot be admitted The pâ—ssing of an assurance here costs three times as much as the passing of a Grant under the Great-Seal there you shall have a Clerk get more mony in three years then an honest man can uâ—uaâ—ly save in thirty years practise of the Law This Cloystering up themselves is against the Lauâ—able Customes of the Jews and other Nations recorded in the book of God whose Judges sate in the Gates and the same is the cause of much bribery extortion and oppression If they consulted ab ut State-affâ—irs it were fit they should be private but Matters of Contract and purchases and other things of that nature ought to be open and publique Job 31.21 Prov. 21.23 Esth 2.19 and 3.1 2. and 5.13 Dan. 2.4 Jer. 38.7 and 39.3 19. The constant practise of retaining Counsel or Advocates r This is so common that he is many times made to pay Costs that hath no Counsel as if he did it for delay Holt against Matthew in Chancery in all causes as it 's now used is (Å¿) Exod. 23.2 Deut. 27.19 11. a high provocation of Almighty God and without Gods great mercy a ruine to the Souls of the practisers These men for fees must stretch their Consciences and set Truth upon the Tenters or Imprison it in unrighteousness which is a marke of a Reprobate-minde in as much as there is not one cause of a thousand which is pleaded but one side or other endeavours to suppresse the truth and he that with an Impudent Face and the strength of his Wits being blinded with the gift cannot set a fair Colour upon a bad cause is accounted but a simple fellow and not to deserve his fee this is to call evil good and good evil and the practise like that of Tertullus his rayling against Paul and the fee or reward is no better then Balaam's wages of Iniquity and against all Scripture-practise The only remedy hereof is that the Lawyers or Advocates should be r sworne as Amici Curiae (t) At New England the parties in all causes speak themselves and if need be the Magistrates where the cause requires 〈◊〉 do the parts of Advocates withâ—uâ— fee or reward Lechford News pag. 28. or assistants to the Judges to endeavour to discover the truth without partiality and for this to have their reward from the State Acts 24.5 Exod. 23.2 Lam. 3.35 36. Num. 22.7 17. 2 Pet. 2.15 Judges 19.30 and 20.7 8. Rom. 1.18 We read in the Church-Historie that (u) Euseb l. 6. c. 21. Bassianus the Emperour Son of Severus having stain Geta his Brother would have had Papinianus a Lawyer to have pleaded his defence of that Fact before the people of Rome But the Lawyer Refused therein to be an Advocate for the Emperour saying Sin might more easily be commâ—tted then defended (w) Symson Church Histor life of Bassianus pag. 31. And for this worthy fact he suffered death but God suffered not this murder to go unpunished for this Bassianus was shortly after murdered by Macrinus his Successor in the Empire Let this Lawyer be an Example to all Lawyers lest he rise up in Judgment against them at the last day and Condemn them for being more blind and unjust then the heathen (x) Wall on 1 Corin. 2.2 Intit None but Christ The Romans allowed no mony or gift to pleaders Piso the Roman Praetor condemned this kinde of pleading calling it cruelly in Advocates Tacit Annal. lib. 2. cap. 8. pag. 43. l. 11. c. 1. p. 142. Plato esteemed these hyred Orators but as Calumniators and Sycophants hinc innocens ut nocens damnatur contra making the Guiltless Guilty and the Guilty Guiltless Cato refused to allow such pleading quia orationis facundiâ facilè possent aequa iniqua persuadere Because by Eloquence of words they could easily perswade to right or wrong Demosthenes boasted that he could change the Sentences of the Judges at his pleasure And Cicero was called Rex oratione sua omnia regens Playing Râ—x with his Oratory thereby ruled all things at his pleasure This is both an offence against God and a wrong to the people especially to the poorer sort 20. That Ridiculous or rather Profane form of Prayer used by the Clerk upon the arraignment of a Prisoner upon his Trial when the Prisoner being demanded whether he be Guilty or not Guilty answereth Not Guilty Then the Clerk to make up the Issue Replyes Cul. Prist That is Thou art Guilty and I am ready to prove it Then is the Issue joyned (y) Such forms in all cases are accounted as the Common Law and sometimes the proceedings are nought without such formalities the Common Law being chiefly old customes and nothing else besides the Judges opinions Now comes out that Common Prayer or Conjuration which
Tyranny of Antichrist stir up men whom we may well say were sent of God to preach the Gospel although they were not ordained by any Presbytery unlesse it were by the Presbytery or priest-hood of the Church of Rome which upon their conversion they utterly renounced and I doubt not to say but that those who are apt to teach and able to divide the word of truth aright and are willing for conscience sake and the glorie of God in the conversion of Souls to spend themselves in teaching the word of God to the world may have a sufficient call and Warrant thereunto from God without the laying on of the hands of any Presbytery which ceremony I take to have been annexed to miraculous and extraordinary gifts of the Holy Ghost bestowed on men in the first setting out of the Gospel and not to be used where such extraordinary gifts of tongues Prophesie and miracles are ceased no more than that ceremony of anointing the sick with Oyl being also used in those dayes and accompanying the gift of healing they are now used with us (r) Calvin Institut l. 4. cap. 19. pag. 72â— 724. as they have been and are used in the Church of Rome the one called the Sacrament of Orders and th' other of extream Unction and both these ceremonies of imposition of hands and anointing were used likewise by the Papists in their Sacrament of confirmation and I doubt not but all of them are promoted by the Jesuits and Romish Priests at this day amongst us It cannot be shewed that either Petrus Valdus or his followers called Waldenses and Albigenses of whom there (Å¿) Regenvolsc Hist Eccl. Slavon l. 1. cap 3. p. 12. 30 31 32. Sympson Chuâ—ch Hist lib. 2. cent 12. p. 429 430. pag. 321. Whites way true Church sect 44. numb 1. Ex Ramerio in Biblioth Patr. Tom. 4. Par. 2. 1 Corint 9.7 9.11 12.14 Gall. 6.6 Luke 10.7 were fourty Churches Anno 1254. received these ceremonies where it also appears that the brethren for so the Church Members were called did send out many of the Members to preach the Gospel in other places in Greece and Thracia c. and they were incouraged by the Kings Letters Patents pag. 35. 36. Now for the maintenance of the Ministers of the Gospel according to their several functions or rather difference of imployments generally they are to have t liberal maintenance according to that of the Apostle God hath ordained that he that preacheth the Gospel should live of the Gospel The first sort that is those that preach to the world are to be maintained by the world and because the wicked world having weak eyes think nothing a greater torment than the light the Civil Magistrate is to see to the maintenance of these Ministers and may lawfully raise it upon the world although against their wills as the Magistrate doth provide for such mad men and Idiots as cannot guide their own Estates and dispose thereof for their necessary use and benefit (a) Tim. 5.17 18. Math. 10.9 10. And for th' other sort of Ministers they ought to be provided for by the Churches according to their abilities and none of these to be maintained by Tythes for the reasons herein before alledged Now although I affirm that the work to appoint Pastors and Teachers lieth chiefly in the power of the temporal Magistrates yet I conceive it necessary that godly learned men be consulted with who may satisfie the Magistrate touching the learning and ability of such who are to preach the Gospel as is used in some reformed Churches where Tythes are abolished But that which will be said against this kinde of maintenance of Ministers not by Tythes is that which is usually objected viz. That no way can be found out so certain equal and indifferent for maintenance of the Ministry as by Tythes which are setled by so many Laws For answer hereunto I will not at large handlâ— that controversie which requires a volume larger than what this Treatise can permit having writ something elsewhere touching the same I shall onely propound a clear remedy for cure of the many junglings and wranglings which are daily between the Ministers and people about payment of Tythes which both hinder the study of the one and discourage the labour of the other and continually disquiet them both hindring the preaching of the word of God and obstructing the good effect thereof The remedy I humbly propound is this Provision for Ministers of the Gospel without Payment of Tythes Let there be a survey of all spiritual promotions as they are called such as that in Edw. 2. his time and then let all gleab Lands Tythes Oblations Obventions and other profits claimed and by Law belonging to the Parsonages Donatives Vicars be sold to the owners of the Land and estates out of which they arise or to others if they refuse to buy the same at sixteen years and two thirds of one years purchase and that will raise just so much money being disposed of at six in the hundred as is now due or payable to the Persons and Vicars For example that Parsonage which is found to be threescore pound by the year Communibus annis shall at this rate be sold for 1000. l. which yields threescore pounds by the year and if this rate be a little too dear for the tythes the Gleab-lands will make amends which for the most part are the best Lands in every Town and without doubt the Owners of the Lands charged with Tythes were better to give twenty years purchase for the Tythes than to pay them constantly being an exceeding curb and oppression both to the Tenant and Owner of the Land and this is the remedie I propound And if the same were done then might the money raised thereby be allowed to such as are able faithfull and willing to preach the Gospell and then such as are ignorant insufficient scandalous and prophane may be kept out of this service for that although the (x) Luke 4.34 Devil and wicked men may preach Christ in some sort (y) Math. 10.4 5 7. as some say Judas did yet it doth not appear not is to be believed there being no word of faith to warrant it that ever any man not walking in the wayes of God or not being converted ever (z) Jerem. 23 21 22. Luke 22.32 Daniel 12.3 Mal. 2.6 7 8. turned any one from his unrightousnesse that being one of the most glorious workes of God which he doth not use to act by wicked men which appears clearly by many Testimonies of holy Scripture * Dr. Brian in Mal. 3. Dr. Grew in Ephes 2.1 2. Acts 9.4 5 6.15 16. It is a point commonly insisted upon that God doth no great work by any man but he first humbleth him And this is all I shall say touching this matter being so long a digression onely as appertaining to the matter in hand I set it down as a defect in our Law
2.42.44.46 Josh 9.14.15.18 Psal 15.4 Eccles 8.2 Heb. 6.16 33. Such as curse or abuse the Chief Magistrate or Judges are to be severely punished Exo. 22.28 1 Kings 2.44.46 2 Sam. 16.5.6.7 Acts 23.5 34. That tale-bearers contentious persons and breakers of the publick peace are to be suppressed 1 Tim. 2.2.3 Cant. 2.15 Prov. 26.20 Hab. 1.3 Levit. 19 16. 35. That no man is to be his own Judge or Avenger and therefore all such as enter forcibly or take mens possessions from them without their consent to be punished and the oppressed relieved 1 Kings 21.19 Mich. 2.2 Rom. 12.19 36. That excesse of riot in feasting and drunkennesse ought to be punished and restrained Hos 7.5 1 Tim. 1.9 Dan. 5.1.5.30 1 Sam. 25 36.37 Isai 22.13.14 37. All Estates of inheritance are to be Estates in Fee-simple and no Intails upon the Heirs Males Numb 27.7.8 1 Tim. 5.8 Gen. 23 11.17.20 38. All Estates with the Owners Pedegree are to be Inrolled in some convenient known place for avoiding strife and contention Jer. 32.11.12 Josh 14.14.15 Josh 15.89.19.20 Ezra 2.62 39. All mens Estates to be disposed of according to their Wills whether by writing or word of mouth Gal. 3.15 Gen. 48.22 Gen. 49.29 and 50.13 Heb. 9.16.17 40. The eldest Son not being guilty of any Notorious offence ought to have a double portion Deut. 21.17 1 Kings 2.15 Gen. 25.33 and 48.22 41. All younger children to have parts of their Parents Estates according to their deserts and as the Estate will bear Gen. 25.6 Luke 15.12 Josh 14.15 and 16.17 42. The Preachers of the Gospel are to have liberal maintenance that they may not be encumbred with the world 1 Cor. 9.7.8.9.11.12.14 Gal. 6.8 Luke 10.7 1 Tim. 5.17.18 43 Schooles of learning are to be maintained and godly learned men to be countenanced and encouraged Acts 19.9 1 Kings 18.4 1 Sam. 19.20 44 Lunaticks Mad-men Idiots and Infants are to be cared for by their friends and overseen by the Magistrates and the Estates of unthrifts to be managed and preserved by others for their Wives and Children Isa 49.23 Psal 78.71 72. 1 Tim. 5.8 45 That such as run in Debt shall have their estates sold to pay their Debts he that hath nothing to pay not to be imprisoned for Debt 2 Kings 4.7 Exo. 22.26 27. Luke 6.35 and 7.42 Math. 18.25 27 33 34. 46 Every man is to be enforced brought to be up to live in some lawfull calling and he that refuseth to labour not having other sufficient maintenance to be kept to work in some work-house like Bridewell Jonah 1.8 2 Thes 3.10 11. Gen. 3.17 1 Cor. 7.20 47 That all mens Demands and Complaints concerning Estates Debts Duties or Trespasses shall be made in plain Terms as the truth of the Case is Neh. 5.2 3 4 6 12. Numb 27.1 2 3 4 8 9. Acts 24.5 11 12 13. Josh 7.19 48 That the Defendants answer be plain and true without nicety of pleading or obscuring the truth Acts 26.4 5 6 7. Acts 7. the whole Chapter Joshua 7.19 20 21. 49 That all differences and Demands be heard in the prehence of the parties accusing and accused ad Judgemenâ— given before their faces if the parties be able to appear unlesse they wilfully refuse Acts 23.35 24.8 25.16 1 Kings 21.10 1 Kings 3.17.22.27 50 That no Counsel be retained for any Suters but that the Pleaders be rewarded by the State and be sworn as assistants to the Judges as indifferent men to endeavour to finde out the truth and not to obscure or overthrow it Exo. 23.2 Lam. 3.35 36. Judges 19.30 and Judges 20.7 8. Numb 22.7 17. 2 Pet. 2.15 Acts 24.5 51 That no man be admitted to be a Judge or Justice who takes any Fees or useth any Trade or dealing whereby he may be engaged to any party Exo. 23.8 Pro. 29.4 15.27 Isa 1.23 Deut. 16.19 52 That in taking of Oaths the holy name of God be invocated with lifting up of the hand without kissing the book Genes 14.22 Rev. 10.6 Jer. 4.2 53 That the matter of Clergie be exploded and instead thereof Judgement be given according to the merits of the Cause with reference to the Law of God Exo. 23.3 6 7 Mich. 6.8 Deut. 1.17 54 That the circumstances and equity of every Cause be weighed together with the Justice and matter of fact and Judgement to be given accordingly Isa 59.13.14 15. 2 Sam. 8.15 Josh 7.11 25. 55 That the poor be cared and provided for according to their necessities and such as want houses to be suffered to dwell by their rich Neighbours if they be able to provide for themselves or otherwise to be provided for by the inhabitants where they live Amos 8.4 6. Isa 5.8 Psal 41.1 2. Levit. 25.35 56 That there be a Clark or officer who may constantly attend at every Market and Fair to see that there be no deceit in weights measures or other deceits in Trading or Manufactures Pro. 20.10 Deut. 25.13 14. Amos 8.5 7. Isa 1.17 57 That the Oaths of two or more witnesses may be a sufficient conviction in Law without any Indictment Deut. 17.6 and 19.15 Math. 18.16 2 Cor. 13.1 58 That no by-Laws or Orders be made or suffered in the Common-wealth to the oppression of the younger or poorer sort of Tradesmen and others as is usually done in every Corporation Amos 4.1 2. Isa 10.1 2 3. Zeph. 3.13 59 That all Suits and controversies although popular or Criminal be determined upon hearing witnesses sworn and giving evidence on both parts as well as for the party accused as the Common-wealth and in cases where there are no witnesses that the accused's own voluntary Oath be taken for his discharge Exod. 22.9.10 11. 1 Kings 8.31 Job 29.16 Acts 26.5 Isa 43.9 10. 60 That there be Judicatories and Courts established in every Citie and County where the Judges may sit constantly in open places to hear and determine all controversies Exod. 18.13 25 26. Deut. 21.19 Prov. 31.23 and 25.7 Ruth 4.1 2 9. 61 That before any Cause be entred in any Court or come before the Judges peace be offered by the Plaintiff and that wise-men be appointed to take up controversies 1 Cor. 6.5 6. Math. 5.25 Deut. 20.10 Psal 34.15 62 That he that misprints the holy Scriptures or bindes them up false be punished according to the greatnesse of the offence especially where the Text or translation is falsified or corrupted Exo. 39.43 Gal. 3.15 Deut. 4.2 Rev. 22.18 19. 63 That such as swear by Idols or Creatures or prophanely swear or un-reverently use the holy Name attributes or word of God be severely punished Math. 5.34 35. Jer. 4.2 and 5.7 Exod. 20.7 Amos 8.14 64 That such as use Lots lightly or prophanely in sporting or gaming be punished and also such as game for money or money worth be prohibited and restrained Prov. 16.33 Levit. 16.9 65 That Bull-baiting Bear-baiting Cock-fighting and Hors-races and all other abuses and cruelty towards the