part of the father that the land shall discend to the next heire of the parte of the mother that is to the race of the heyre of the males of whence the mother is discended rather then to others and in this case of Clere because the bloud which was betwixt the vncle of the part of the mother of the heire and the heire himselfe came immediatly by the womā but the bloud which was betwixt the cosin germane of the fathers side him though it came originally from the woman namely the grandmother yet it is deriued to the heire by the males so that the dignitie of the bloud doth surprise and excell the proximitie of the degree therefore it was adiudged that the cosin should haue the land i 15. Eliz. comm cleres case 442. The fourth Chapter That in making title by prescription and continuance of time immemoriall all nations haue consented OF all worldly thinges time is most puissant for it endeth some things quickly some things once and at last some things it preserueth some things it continueth vnto the end of the world and the force of time is pretily described in these poems Res omnes aeurum chalibem deglutio ferrum stagna lacus fontes ebibo tum fluuios Tabida consumit lignum lapidesque vetustas nullaquè res maius tempore robur habet If by the course of nature time be such an incroacher vpon other things then surely arte law doth imitate nature which giue vnto it such power and authoritie as to chaunge to raise to alter to defeat to strengthen and to establish titles neither doth the law of nations attend the strict circumstances of the ciuil or common law in which these two lawes doe square for by the ciuill lawe there is required iust title which the common law requireth not and bona fides a Gl. si c. illud de prescrip which the common law requireth not and continuall possession which the common lawe onely requireth Prescription was first brought in that there might be a certainty of titles and peaceable possession without contradiction for a long time might turne to a right wherefore it is well obserued in the ciuill lawe bono publico intraducta est vsucapio praescriptio vt sit aliquis litium finis b b. lib. 1. de vsucap whereupon that speech of the Lacedemonians in Isocrates is grounded Wee holde this lande giuen vnto vs by the posteritie of Hercules confirmed by the Delphicke Oracle and the inhabitantes of it being ouercome of vs heere note a triple title in showe and yet all these in effect but a prescription yee knowe well that all possessions eyther priuate or publike to bee confirmed by prescription of long time we haue held Messana more then foure hundred yeares c Isocra in Arch. And so Iepthe did pleade prescription against the Ammonites d Iudic. c. 11. This land said he haue wee possest three hundred yeares The French maintaine their title of Fraunce onely by prescription as Bodinus confesseth dd Bodin lib. de repub for conquered it was by king Edward the third that happie triumphant Monarch assured to King Henry the fifth and his heires e Graft in H. 5 not to Queene Katherine and her heyres f Pet. Mar. comm in lib. iud And some Diuines holde for others doe oppose themselues against this lawe of prescription g Aug. de te ser 105. Epiphan and obserue that the Iewes neuer made question of the title of their Semi because the Cananites did defend themselues by the prescription of 500. yeares wherefore Artabanus the Parthian king did as Tacitus sayeth Per vaniloquentiam vainely demaund of Tiberius the territories possessions of the Macedonians hauing bin h Tacit ann li. 6 a long time possest of Cyrus and Alexander And Soliman more soundly did demaunde the rightes of Constantine the Emperour after a thousande yeares i Ioui 30. 34. But most vnaduisedly of all did the king of Persia demaund all these thinges which did belong to the Persian Empire from the first foundation of their Monarchie vnto the conquest of Alexander Magnus of Constantine and his sonne and of Alexander Seuerus k Herodia li. 6. zon Ammi lib. 17. as if the auncient inhabitants of Pannonia should now claime Hungarie which the Hunnes did conquer name and to this day keepe and vaine was the quarrell which Masinissa made to the Carthaginians lande l Liui. lib. 34. alleadging that they ought to haue no more then Dido the Tyrian Queene enioyed which was no more then coulde bee compassed by the hyde of an Oxe being curt into thonges for they had possest these landes almost seauen hundred yeares likewise weake was the title which Antiochus the great pretended against the Aetolians and the Ionians because these people were once subiect vnto his auncestors hee is well confuted of the Romanes by the lawe of prescription that though his great grandfather did atchiue these cities by warre yet his grandfather and father neuer enioyed them but the cities enioyed their libertie There be some interpreters of the lawe which thinke the king of Fraunce by prescription to be exempted from the Emperours subiection m Fulg. Sacc lib. 1. C. tit 1. against whom rather adulatoriously then aptly Alciat replyeth that no prescription of time wil hold place against the Empire n Alciat lib. 5. de iust for that is not true in a prescription of time which is immemoriall that is when no man as it may be commonly beleeued hath eyther seene or heard the contrary and this by the ciuill law is the space of one hundred yeares o Alexan. 5. Cons 16. Alciat 3. cons 24. But here before I wil grant that such prescription will hold against a king or an Emperor this is onely in such case where neyther possession hath beene had nor clayme made against the said king or Emperor for if claime only haue beene made as the kings and Queenes of England haue done in entitling themselues kings and Queenes of Fraunce and beare in their scutchions the ensignes and armes of that kingdome and so keep the ciuil possession of that kingdome though they haue lost the corporall possession in such case I do not thinke that the prescription of a thousand yeares ought to preuaile but in a case of a common person prescription will hardly run against the prince Therefore it hath beene held in our bookes that if the kinges tenant in Capite bee seised of an aduowson and the church happeneth voide and hee dyeth and the sixe monethes doe passe nay suppose sixe score yeares doe passe p 14. H. 7. fol. 22. then an office is found the king shal haue the presentment notwithstanding the laps before the office But if the question be asked whether the ordinary may present by laps against the king and if he may not how the cure shall bee serued in the meane time
lands and tenementes and so it is of an attainder by confession i Parkins Graunts 6. But M. Stamford being better aduised saith that as soone as any of the offences aforesaid are committed hee is restrained to make a gift or any other alienation of his lande and if he doe it shall presently bee made void by his attainder and it is not materiall whether the attainder be by outlawrie or verdict and this is agreeable to the booke of 38. E. 3. fol. 37. k Stamford fol. lib. 3. 31. â— but he saith that the forfeiture of the goods by attainder by outlawrie shall haue relation to the exigent and forfeiture by attainder by verdict shall haue relation to the verdict l Stamford 192. The third Chapter That the worthinesse of blood hath beene principally respected of all nations THe diuision of inheritances in stirpes in capita hath made great diuision in diuerse common weales yet in all of them the worthinesse of bloud hath beene regarded By the Romane law the sonne of the elder sonne who is dead shall equally succeede in the inheritance with the second sonne And whereas in Germanie there was a contention betwixt the vncles and nephewes of the right of inheritances and for the deciding of it the Emperour Otto the first did cause a Parliament or generall assemblie of estates to be held for the disceptation and deciding of this doubt When after much busines and argument no determination could be had the matter was ordeined to be tried by single combate an vsuall thing in these daies for it was about the yeare of the incarnation of our Sauiour nine hundred fortie and two a Witichindus lib. 2. histor 2. Sigebert in chronic Ottonis 1. and a formall triall referred to God when mans wit was at a nonplus But in this case that part ouercame which did accompt the sonnes of elder sonnes as sonnes and therefore it was ratified by Law that they should equally diuide the inheritance with their vncles Amongest other nations diuers contentions haue risen about this matter for when Eunomus the King of the Lacedemonians had two sonnes Polydectes the elder and Lycurgus the yonger and Polydectes deceased leauing no sonne lyuing at the time of his death and therefore Eunomus being dead the septer of that kingdome came to the handes of Lycurgus afterward when Polydectes his widow had brought forth a sonne Lycurgus did willingly and readilie yeeld to him the septer b Plut. in vit Lycurg Iustin lib. hist 3. Which act of Lycurgus agreeth fully with our Law whereby it is ruled that if a man haue a sonne and a daughter and the sonne purchaseth land and dyeth and the daughter entreth and after the father begetteth an other sonne of the same wife this sonne shall haue the land c 19. H. 6. 6. So if a man enfeoffe an other vpon condition and the condition is broken and the feoffor dyeth without issue his wife priuement enseint and the brother of the feoffor entreth for the condition broken and after a sonne is borne he shall auoide the possession of his vncle may lawfully claime the inheritance d 9. H. 7. 25. And it is likewise said that after two or more discents the heire afterward borne claiming by discent may enter into the land but he shall not haue a writ of Accompt for the mesne profites nor any writ of Wast e 9. H. 6. 23. But in cases of purchase the Law taketh a difference and therfore it is said 5. E. 4. by Billing that if a man deuise land to a man and his heire and the deuisee dieth hauing issue a daughter his wife being priuement enseint with a sonne who is afterward borne the daughter shal reteine the land in perpetuum which the Court graunted f 5. E. 4. 6. And 9. H. 6. it is said that if a remainder cannot veste in any at the time when it falleth it shall not veste in him that is borne afterward where an other hath entred before g 9. H. 6. 23. 2. Eliz. 190. pla 18. But to retourne to the examination of this matter by historie Pausanias reporteth that Cleomenes the king of the Lacedaemonians being dead a controuersie sprung betwixt Areus the sonne of Acoratus the eldest sonne of Cleomenes who died before his father and Cleonymus the second sonne the vncle of Areus but by Senate-decree the kingdome was adiudged to Areus h Pausan lib. 3. And Polydore Virgill reporteth that king Edward the third being deceased Richard the second the sonne of his eldest sonne obteined the kingdome and was preferred before Iohn Edmund and Thomas the sonnes of king Edward i Polyd. virg in hist reg Angl. Paulus Aemilius an excellent writer of the matters of Fraunce likewise telleth that when Hanno had inuaded the kingdome and expulsed Erkenbalde the sonne of his elder brother this matter was brought into question in the ende Hanno was constrayned to laie aside armes and to stande to the iudgement of the Peeres who adiudged that Erkenbalde should haue the same power and interest in the kingdome which his father might haue had if he had suruiued k Paul Aemil. in tit Carol. Crass Neither will I denie that examples may be produced on the contrarie part as namelie the contention betwixt Artemenes and Xerxes for the kingdome of Persia for it is deliuered by Herodotus l Herodot lib. 7. Iustin m Iustinus lib. 11. Plutarch n Plut. in Artaxerx that a controuersie beeing raysed in the kingdome of Persia betwixt Artabazanes as Herodotus Artemenes as Iustinus calleth him and Xerxes the sonnes of Darius Hystaspes about the succession in the Monarchie of Persia Demaratus was at the same time there who was driuen and expulsed out of the kingdome of Sparta and he signified vnto them that the Law and custome of the Spartanes was that the sonne that was borne after the father had attained to the kingdome was to be preferred before the elder brother who was borne before for which cause the kingdome was adiudged to Xerxes the yonger sonne who was borne of Darius being king whereas the other was begotten of him being a priuate man But this iudgement was after reuersed For when after the death of Darius the same controuersie was handled betwixt Arsica begotten of Darius being a priuate man and Cyrus being borne of him after his aduauncement to the kingdome and Parysatis the mother did in the behalf of Cyrus vrge and reuiue the controuersie betwixt Xerxes and his brother the Persians notwithstanding the former iudgement did now adiudge the kingdome to Arsica o Plut. in vit Artaxerx Neither am I moued though in the contention for the Dukedome of Millayne betwixt Lodwike and Galeatius bretheren whereof the one was borne before his father obteined the Dukedome the other after the contrarie were determined for Law p Guicciard lib. 1. histor For by the most examples of euery
therefore the Pirats answere to Alexander is misliked n Alberic Gentil lib. 1. de iur bel c. 4. when he said boldly That because he did robbe on the seas with one small pinnesse therefore hee was accompted a pirate but because Alexander did the same with many great gallies therefore he was tearmed the Gouernor of a fleet o Cicer. 3. de repub howbeit this saying of the pirate seemeth to be commended by Cicero p Ibid. and to S. Augustine q August l. 4. de ciuit dei it seemeth to haue beene spoken truely and eloquently which is very straunge vnlesse they did accompt Alexander a robber whom some doubt not to call so r Luc. 10. Senec 1. de benefic and Alciat also is deceiued which not onely alloweth the said speech of the pirate but euen piracie it selfe ſ Alci 1. Cons 1. because forsooth pirates are tollerated of some princes and there were some nations which did publikely practise and put in vre that course of life The Normanes saith P. Emilius as antiquaries doe thinke did recken and repute piracie amongst laudable things t p. Emil. lib. 3. Franc. And Alciat reasoneth further That they offend lesse then others which do so spoile vpon the sea where the law of nations onely is of force and no other law for saith he by that law the sea is common This manner of discoursing becommeth not Alciat but regard is to bee had whether hee that before was a robber do afterward become a lawful iust captaine which Iustine affirmeth of Aristonicus u Iustin lib 35 neare vnto him p Plin. lib. 18. c. 6. beeing better minded then Achab to Naboth to whom he said Damihi viniam quae appropinquat domui meae q 3. Reg. 21. But against such the prophet Esay pronounceth a woe Vae qui coniungitis agrum agro et domum domui r Esai 5. ver 8. But because these thinges are plaine they neede no further discourse The twelfth Chapter That the rules of Warre and Law of Nations are not to be obserued and kept with Pyrates Rebels Robbers Traytors Reuoltes and Vsurpers WIth Pyrates Rebels Robbers Traytors and Reuoltes the Law of Armes is not to be obserued and kept for they by offending haue not withdrawne themselues from publique iurisdiction c Bald. 3. cons 96. for by offending a man may not bee said to be of more price or of greater libertie then he was before d Paulus l. 63. ad leg Falc and for an other reason they may not claime aduantage by the Law of Armes because that Law springeth from the Law of Nations and such persons may not enioie the benefite of that Law to which they are enemies To these men which haue withdrawne themselues from the communion and societie of men and as Florus sayth e Flor. lib. 3. haue broken the league of mankinde how can the Law of Nations which is nothing else but the communion and league of Nations extende anie fauour Pyrates as Plinie saith are enemies to all men lyuing and therefore Cicero sayth that if thou doest not bring to Robbers or Pyrates the raunsome which thou hast promised for thy life there is neither offence nor fraudulent dealing no though thou hast promised with an oath f Plin. lib. 2. c. 46. Cicer. pro leg manil et 3. de offic Spartacus that notable roague did mooue Crassus to contract a league with him But he was with indignation reiected g Appi. in Mithrid et 1. ciuil Tacfarinas that famous robber of Affrike grew to such height of arrogancie that he sent Embassadors to Tiberius the Emperour but his armie was sharpe against him and said that Tacfarinas dealt verie reprochfully with him because hee being no better then a robber by highwaies did notwithstanding so deale with him as if hee had beene a publique or iust enemie h Tacit. Annal 3. Warre hath neuer been as Heliodorus well obserueth compounded or determined by articles or leagues with such dissolute persons but either they haue ouercomed and so suruiued or els haue been ouercome Frontinus of Viriallius x Frontin lib. 2. c. 5. and Appian of Spartacus of Apuleius who was proscribed and of Sextus Pompeius y Appia lib. 1. 4. bellor ciuil which is not so much effected by the leuying of a great armie or the increase of the same as these writers and other historians z Herodia l. 1. seeme to think but by the enioying of a good and sound title and by the maintaining of a publike cause for when Viriallius being before a robber did employ himselfe wholie for the defence of the libertie of his country he became a iust captaine and may well be said to haue borne lawfull armes for which cause the Romans did conclude peace and league with him and did likewise call him their friend So Arsaces whilest he sought to winne the crown of the kingdome of Parthia being his cuntrie from the Macedonians was when he had cōmitted many robberies pillages highted a lawfull king and Aristonicus whilest hee claimed the kingdome of Asia by right of bloud and course of succession might well be tearmed a gouernor in war and thought to haue pursued that contention which is commonly called war And so it may be noted that God himselfe would that Sampson should not moue against the Philistines without cause but so did bring to passe that from priuate occasions he should as it were by degrees ascend to a publike quarrel a Iudic. 14. but they which ground not their wars vpon a publike cause are not properly enemies though they haue armes and do terme themselues gouernors though they encounter such as be lawful gouernors and haue vnder their regiment a complete armie of soldiers he is properly an enemy which hath a court or a commōweale a treasurie power to make league peace and truce And Charles Martelle did say of the Saracens that they could not therefore cleane themselues from the fault of robbers because they went in great troopes because they had captaines tentes and ensignes b P. Emil. li. 2. sithence they had no iust cause of war which is the only warrant of bearing armes c Ceph consil 620. What shall then be said of these French men which were taken in the Portugall warre of the Spaniards and were not vsed as iust enemies the soldiers I meane of Don Antonio were handled as pirates yet the very historie doth conuince that they were not pirats for they did shew forth their kinges letters the king of France his letters whom they did serue not Don Antonio though for him they did fight d Connest l 9 but they which haue beene subiect to others are recoiled from their loyaltie of lieges becomming rebels let them beware how they send embassadors to him from whō they haue reuolted But it cannot be discerned by the law of nations which Phillip
common weale and by the continuall practise of nations most ciuill which onely course I obserue in this discourse the right of Primogeniture or elder-brothership is fenced supported and defended against this last decree of the Millanasses and that first of the Persians For Herod the king of the Iewes did preferre in the succession of his kingdome Antipater who was borne before he was king before Alexander and Aristobulus begotten after he was king q Ioseph lib. antiquit 16. And many yeares after in Hungarie Bela their king being dead Geysa being borne when he was a priuate man was inuested with the Crowne r Fl. Blondus Decad. 2. lib. 6. Micha Ritius lib. de regi Hungar. 2. and before that Otto the first could be setled in the Empire of Rome his brother Henry made a quarrell to it because he was borne when his father was Emperor But the matter discending to armes and battaile victorie did adiudge the Empire to Otto ſ Sigebert in Chron. Wherefore two or more contrarie examples are not in this case to be regarded As that of Genzericus the king of the Vandales who made his testament in this forme or rather this Law in forme of his testament Si Rex moritur qui ei genere proximus et natu maximus erit regni haeres esto for Procopius noteth his great age when he made this Law and it may be that others will note him for his dotage if he did amisse for his discretion if he did it to preuent a daunger t Procop. lib. de bel Vandal 3. So when Charles the king of Sicely died he had two sonnes Charles Martell and Robert Martellus died liuing his father but leauing a sonne whereupon the Lawyers had plentiful matter of disputation offered vnto them whether the sonnes sonne should be preferred before the vncle in the possession of his graundfather but by the Popes meanes Robert obteyned the kingdome But the Emperour Fredericke reuersed this sentence and the Pope cancelled his rescriptr. But D. Bartolus giueth this reason of the Popes doinges because the kingdome of Sicilia was one of the fees of the Church of Rome so that it did not belong to Robert by any lawfull succession but by the graunt and inuestiture of the Lord of the fee x Barto in Arth. post fratr C. de legit haered Neither is it materiall that the Nomades Barbarians did preferre the yonger bretherne before the children of the elder bretherne as Strabo reporteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Strabo lib. 16. yet I will graunt that in the succession of regall dignities the worthines of bloud is lesse to bee respected then in the succession of common inheritances because in that case the commoditie of the subiectes and the abilitie of them that are to succeede is politikelie to bee respected And therefore diuers Ciuilians doe with vnited consent pronounce that the good estate of the kingdome and subiectes the profite peace and safetie of the same is more to be heeded quà m sanguinis series the course of bloud b Luc. de Pen. in 5. nepot C. qui num lib. 10. et in l. 1. C. de lyro lib. 12. Bald. in c. 1. de feud March And Roboam preferred Abias his yonger sonne before his elder bretherne in the succession of his kingdome c 2 paralip 11 And Salomon the yonger brother d 2. Reg. 1. was preferred before his elder bretherne But this must be done warilie and by the warrant of a good conscience otherwise it can neyther please God nor profite man least a king doe by his choise preiudice his subiectes as Micipsa did by the adoption of Iugurtha e Salust in bel Iugurth But the reasons are manie and forceable wherefore the worthines of bloude shall in the course and conueiance of inheritances bee principally respected First Ius quod personae inest per modum substantiae est ab ea inseparabile et in nullo alio subiecto potest verificari f Arg. l. for did C. de excus mun lib. 10. But ius primogeniturae is in the eldest sonne or in his issue per modum substantiae therefore it is inseparable from him and cannot extende to any other Secondly the aucthoritie of Vlpian prooueth it affirming that hee is a patritian who is borne before his father was made a Senator as well as he who is borne after that hee is possessed of the Senatorie calling g l. Senator S. D. de Senat. Thirdly it is apparant by manie places in the feudall Law that sonnes and nephewes may succeede in the fees and inheritances of Dukes Marquesses and Earles and so it is of the inferiour and vulgar sort of men And it is well said of D. Hotoman Ius sanguinis quod in legitimis successionibus spectatur ipso natiuitatis tempore quaesitum est Fourthly it should bee against all Lawes proximitatis graduum that they which are in a more remote degree the worthines of consanguinitie should be preferred before them that are in a neerer degree Fifthly because Primogenitura is an inseparable incident to the eldest sonne and whatsoeuer is claymed by this must bee claymed by the person of the eldest sonne and none can succeede in the place of the first begotten as first begotten because there cannot be two first begotten But no Law more respecteth the worthines of bloud then the common Law which preferreth the brother before the sister in case of discent the elder brother before the yonger whereas the middle brother purchaseth land the sister before the vncle and the vncle before the cosin h Littlet tit Fee simple and all these particular prerogatiues of kinred Mast. Littleton windeth vp as it were in one clew when he saith that when a man purchaseth land in fee simple and dieth without issue euery one that is his next cosin collaterall for default of issue may inherite and therefore it was well and wisely agreed by the Iustices decimo quinto Elizab. in Cleeres case that in a collaterall discent from any which purchaseth landes and tenements and dyeth without issue the heires of the part of the father and which are of the bloud of the auncestors males in the lineall ascension by the father in the same degree as the brother of the graundfather of the fathers side and his issues be they male or female shall be preferred before the brother of the graundmother of the father side and his issues And so the brother of the great graundfather of the fathers side namely the brother of the father of the father of the father of the purchasour and his issues bee they male or female shall bee preferred before the mother of the great grandmother namely the brother of the mother of the father of the father of the purchasor and his issues For the female sexe is more base then the male in lawe And it was likewise agreede that if the purchasor dyed without issue and hath not any heire of the
in this that Princes ought principallie to regarde the vnitie of Religion as a thing most pleasing vnto God who hath said by his holie Apostle Ephesi 4. vers 5. 6. Vnus Domiuns vna fides vnum baptisma vnus Deus et pater omnium uu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If God Faith and Baptisme in generall and quocunque modo would haue serued Paule who in his heauenlie Epistles vseth not one word superfluous would not haue said vnus vna vnum would not haue vrged it would not haue exacted it would not haue cried for it Yet I would not haue weapons and armes to stir vp warre for Religion onelie if rebellion or disloialtie be not mixed with it For heresies may be punished and yet citra bellum without warre Let Lipsius therefore uu Trismeg de nat deo Dio lib. 42. be silent who saith that it is necessarie to contende by weapons whilest some goe about to preferre their religion before other some or else saith he it will be no religion which is cold and calme To this warlike note hote humor which argueth his want of pollicie and that he is neither wise as a serpent nor simple and milde as a doue It may be aunswered that warres for Religion are onelie there to be tolerated where there is no religion at all or where subiectes pretende religion as a cause of their rebellion not where there is diuersitie of religion Nay it is no religion which is hurt to the slaughter of Citizens and subiectes and the desolation of kingdomes or countries Are not the Aegyptians to be laughed at which with mutuall warres and woundes did afflict themselues for a monstrous and absurde religion on both sides uu Trismeg de nat deo Dio lib. 42. For it appeareth by Diodorus Siculus that the diuersitie of Religions was to this purpose brought into Aegypt that the people might disagree amongest themselues and so haue no leasure nor opportunitie to conspire against their king x Diodor. Sicul lib. 2. The Aegyptians saith one a Phil. de 10. are by nature wont of little sparkes to raise great flames For the Aegyptians as others report of them are men vnconstant raging proude iniurious desirous of nouelties and willing to chaunge a present state wish an erroniâ—us libertie b Vopisc Dio 39. 42. And therefore it was well considered by Augustus and Tiberius Emperours that no Senator that is no noble nor mightie man should gouerne Aegypt or should goe into Egypt c Tacit. annual 2. But that Princes may commaunde the due obseruation and practise of Religion according as God infourmeth their consciences by the rules of his sacred worde and the instruction of his true teaching spirite in their Realmes dominions and kingdomes wherein they haue absolute power and may with seuere punishments correct the frowardnes of men addicted to straunge worshippes may by the vnited practise of all common weales be conuinced A king saith Aristotle in auncient time was the Gouernor in warres the Ruler in iudgements the maintenour of Religion d Politic. lib. 3. c. 11. et 5. This hath been obserued of the Assirians Persians Medes Iewes Graecians Romanes and all other the most eminent Nations of the world e Iustin Procop. Cursius Varro D. August 3. 4. 5. et 6. de ciuit dei And so it is reported in Scripture of Asa that he tooke away the altars of the strange Gods and the high places and brake downe the Images and cut downe the groues and commaunded Iudah to seek the Lord God of their fathers took away out of all the cities of Iuda the high places and images therefore the kingdome was quiet before him f 2. Chronic. 24. And Iustinian the Emperour speaketh imperiously We command saith he the blessed Archbishops of Rome Constantinople Alexandria Theopolis and Ierusalem to receiue for ordeining and installing of Bishops onely that which this present law doth allow g Nouel constit 123. Archadius setteth downe both law punishment in some cases of religion If any Bishop refuse to communicate with Theophilus Atticus and Prophyrius he shall lose both his Church and his goodes if any that beare office they shall forfeit their dignitie hee shall lose his seruice if any of the common people let them be fined and exiled h Nicephor li. 13. c. 30. Sozome lib. 8. c. 24. I will not insist longer vpon a matter plaine but will cut off these lines to auoid tediousnes FINIS Faultes Leafe Corrections Agree fol. 4. a. disagree ar fol. 6. b. is prescribe 9. b. proscribe Dominus 13. b. dominus soundly 20. b. fondly and 21. b. one Aroutius 24. a. Acontius repeated 24. b. reprooued ar lesse 38. b. at least Cluitius 38. b. Cluilius victoria 41. a. victori Batari 42. b. Bataui farelet 43. a. forcelet repelit 44 b. repetit Latinum 54. b. Latium indice 54. b. iudice conuay 64. a. courage cibicall 64. b. ciuicall Fulminea 77. b. Fluminea Clesoninus 77. b. Cleonymus ipsas 81. a. ipsus Viriallius 83. b. Viriathus discerned 84. a. defended There want these wordes 90. a. if any souldier