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A28801 Examen legum Angliæ, or, The laws of England examined, by Scripture, antiquity and reason cujus author anagrammat[os] est, A gomoz boa oz̄ bary. Booth, A., 17th cent.; Boon, A. 1656 (1656) Wing B3738; ESTC R38641 162,879 175

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from Idolaters that they ought to root out their Idols and all (l) Deut. 12.3 Exod. 23.13 34.13 2 King 18.4 Hos 2.17 Zech. 13.2 their Superstitions from under heaven For that whilest things stand as now they are we cannot expect the comfortable Presence of God so effectual for our good and protection as if they were removed according to that (m) Psa 94.20 of the Holy Ghost by the Prophet Shall the Throne of Iniquity have fellowship with thee which frameth mischief (n) Such Laws as are contrary to the Laws of God and Nature the Prince may abrogate at his pleasure Bodin Rep. l. 1. p. 105. by a Law And if we consider that these Popish Laws coming from Idolaters branded this Nation with the Mark of the Beast which all those Kingdoms and Common-wealths received who were under the Power of Antichrist as this was until King Henry 8. his time who although he cast out the Pope's Supremacy yet retained Popery we may justly fear that without serious Repentance which cannot be testified but by Reformation the Maintainers and Countenancers of these Superstitions (o) Rev. 14.9 10 11. shall taste of the wine of the wrath of God and be tormented with fire and brimstone for ever But our God will save his people from their sins and deliver them from his wrath Howbeit it concerns us to know That although God (p) Acts 17.30 winked at the former times of Ignorance yet now he commandeth all men everywhere to repent and although we have hitherto failed of our expected Reformation and that all the labour and pains taken in order thereunto hath been lost and frustrate because a Patern from Gods Word was not sought for which may be imputed to be the true cause thereof yet at last it may be found that the Moral and Judicial Laws of Moses and other Rules and Consequences from Scripture are a sufficient standing Rule in all cases not onely for Godliness but also for Righteousness Justice and Sobriety according to that of the (q) 2 Tim. 3.16 17. Apostle to Timothy herein before recited And it is to be hoped upon very good grounds That the neerer we come to perfect Reformation the more we shall taste of Justice and Righteousness in the (r) Isa 60.17 execution of holy and just Laws under such Judges and Magistrates as were in the beginning which is to be earnestly prayed for knowing That good Laws are more security to the People then good Magistrates But when Almighty God giveth both together that 's an eminent sign of his special favour (ſ) Isa 1.26 And this is promised to the People of God in the later times and now began to be fulfilled in this Nation in as much as the blessed Gospel of our Lord Jesus Christ and the People of God in the Profession thereof have more freedome and incouragement to Worship God according to his Divine Will then ever England enjoyed in any former Age either before or since the last Reformation But it 's much to be lamented that many who within this Age suffered Persecution under the tyranny of the Bishops and Archbishops upon pretence of breach of these our Laws in not conforming to Order and Discipline They themselves under the same pretence of Order and Church-government as they call it are now as ready to persecute their Brethren whose Consciences are not just of their Size if they could get Power into their hands to execute their Canons and other Popish Injunctions as ever the Bishops were since Queen Maries dayes For although they with the Scots are glad to be rid of the Bishops yet they at least many of them have the Scotch Presbyters Spirit in them (t) Simson Church-Hist in the Life of Anastatius Cent. 6. p. 88. who in his Church History commendeth the People of Antiochia that they were very friendly to their Pastor Flavianus and that they finding a great Number of Monks savouring as he saith of Eutyches Error and having an intent to compel their said Pastor or Bishop to accurse or abjure the Councel of Chalcedon but how their purpose was manifested doth not appeare in the Story The People set upon the Monks as not long after the honest Monks of Bangor were set upon slew a number of them others leaped into the River Orontes where as the Scotch Presbyter faith they found a meet burial for Seditious Monks There is no means under Heaven certain to preserve the People of God from Persecution but the abolishing of all Popish Laws and to Conform our selves to the holy Laws of God And that is the scope of this Treatise CHAP. IV. That Magna Charta and Charta Forestae do not appear to be any Ac●s of Parliament although they be so called That chiefly therein was intended the adva●cement of the Romish Power in a Tyra●nical Gover●ment FIrst it is to be considered That upon the Norman Conquest by Duke William (a) Fox Acts Mon. Vol. 1. pag. 221 222. Ex Henrico Huntingdon l. 6. the bulk of all the Lands in England some few excepted Wales being then a Kingdom of it self were divided to such Noblemen Commanders and Gentlemen as joyned with him in the Conquest the design not being carried on by himself alone but by the forces helps and purses of many others who were to share with the Conqueror therein who besides what he reserved in Demesne he divided the rest to his Friends and Assistants to be holden of him by such Tenures Rents and Services as he thought fit (b) The Romans subdu●d the Britains to be Subjects but not to be Slaves They were willing to pay all Levies of Men and Money if Insolencies were fo●bo●n Tacit. in vita Jul. Agricolae p. 188. as the Romans had done a thousand years before (c) Cambdens Britannia p. 94. Cowels Interp. word Doomsday Lamberts Exposition of Saxon words Jus Dacorum This occasioned the great Survey of England to be taken called Dooms-day-Book wherein were set down all the Lands in England and in whose possession they were Upon this Division the Natives (d) Stow Annal. p. 10. Life of King William the Conqueror Cok English Law p. 24 25. were horribly oppressed and rigorously dealt with insomuch that it was afterwards a (e) Fox Acts Mon. Vol. 1. p. 222. col 2. shame to be accounted an English-man which caused very many to remove into Wales and other Countreys rather then to abide the Tyranny of the Normans and the rest were left to the mercy of the Conqueror and the Strangers who came with him who (f) Stat ' Ebor ' 12. Ed. 2. in Preface Plowd Com. fo 129. B. Fourn Geogr. Orbis Notitia l. 5. part 1. c. 11. pag. 224. thereupon altered or rather abrogated the Laws of England and put upon them the Customs of Normandy written in the French Tongue and for ought appears the Nation had no considerable settlement by Laws until Hen. 3. his time
pag 666 667. before bought for thirteen shillings four pence Something may be also gathered by the computation of the Rent-Corn reserved upon the Colledge-lease made in pursuit of the Statute of the 18th of Eliz. where the third part reserved in Corn if I mistake not doth much exceed the other two thirds in money Lay all this together and it must needs be granted that forty shillings when the Statute of Gloucester was made was as much in value as forty pounds was fourteen years since I do not speak of the values as things now are because Corn and Cattle are fallen half in half from their usual prices but Almighty God can alter those things in an ordinary course of providence when he pleaseth in the mean while we are to blesse God for our plenty which never was conceived to be a Plague or a Judgement but a token of great prosperity and must needs be so at this day if Money and Lands were rated answerably Now then if all Actions under forty pounds were determined in the Counties and Cities where the Actions grew there would hardly be ten of an hundred commenced at Westminster which would be an exceeding benefit and advantage to the whole Nation 3. The contrary practice now in use that every trivial All Nations except the Commm-wealth have their Laws executed in every City See Corollarie p. 142. The Romans observed this course to have Justice done in every City Tac. Annal. l. 1. c. 3. pag. 5. idle impertinent suit of three pence value should be brought at Westminster whereby all sorts of men from Michaels-Mount in Cornwall to Berwick in the North and other places far and near should be hurried up to London and Westminster the poor although they beg as it 's usual because no one will follow their Suites without money and the rich the better to over-see their Suites or taking such an occasion it may be for curiosity to learn and see fashions or for more vicious and wicked ends many times to the ruine of them and their families all occasioned by the Laws residence at Westminster whether they must go this I set down to be one of the greatest oppressions and burdens which the Nation groans under and not to be parallel'd in any Kingdom or Common-wealth in the whole world most like to the Turks travelling to Mecca to visite Mahomets Tomb this in general Now out of this grand mischief many other evils grow and are nourished thereby 1. Expences occasioned by Suites at Westminster are six times more than they need be whereof the greater part is usually spent in Hors-meat and Mans-meat 2. Travelling to London constantly occasioned by these Suites from Term to Term much weareth out mens spirits and weakneth their bodies especially if the journey be long and tedious besides the losse of time which might be spent more profitably at home 3. The destruction of Horses which have pined started spoiled in and about London is by estimation as much losse and charge yearly to the Common-wealth as the payment of a Subsidy in former times which was above one hundred thousand pounds that is above ten pounds for every Parish one with another 4. The concourse of people of all sorts from all parts to London causeth a great increase of wickednesse and is the Nurse of all Rebellion and Commotion by reason that London being as a Wood to shelter all men as well such as having run out of their Estates live there unknown as all others who live by their wits or have committed any villanies or have any design to plot or contrive mischief usually resort thither where by reason of the multitude and so many strangers unknown no account can be taken of their Actions or manner of living the common pretence being their attendance upon one Court or other which occasioneth Impunity and le ts loose the Rains to all Iniquity 5. This hurrying up to London especially by the Nobility and Gentry causeth nothing but profusenesse and ill husbandry where for the most part they learn nothing but drinking drabbing and fantastical fashions and in the mean while their houses in the Countreys stand vacant as a Lodge whom none inhabits but a single keeper and their poor Tenants want work and relief 6. Upon this occasion the whole considerable trade of the Nation except of some few Sea-Towns is carried up to London generally all other Cities and Towns are decayed and almost ruined and impoverished (h) This causeth those two plagues of a Common-wealth Riches and Povertie when some have too much and others too ltitle which makes the Rich tyranize over the poor and more to regard their pleasure and excesse in dyet and Apparell than vertue and godlinesse And the poor because they see themselves miserable and troden under foot to envy the rich and become desperate Bodm Republ. l. 5. cap. 2. pag. 569. Ex Platone And this must needs be that Generatio unius est Corruptio alterius as when the head is nourished to an unusual greatnesse as in case of the Rickets then all the body grows lean although the over-growing of the head is but a corrupt or excrementions increase And it is to be believed that the ballasting of the trade of the Nation would much tend to the health and good of the whole For if London which now furnisheth all the Nobility Gentry and people of Estates and quality through all England and a great part of Scotland and Ireland with their Apparel Linens Spices and all necessaries and curiosities sold the same to the Trades-men and Chapmen in the Countreys this would inrich the whole Nation and London for the better part of it would rather get than lose by it for then they would have a certain trade with such as having trading in the Countrey answerable to the stock they keep in Trade would grow rich and be able to pay their Credidors at London whereas now hardly one Trades-man in a Market-Town and very few in Cities and great places get any Estates and many when they dye leave not sufficient to pay their debts And on the other side the most part of the Retaylers in London deal in the Countreys with the Gentry and others and the Taylors who commonly run the greatest hazard because he that will gain greatly must adventure desperately by reason of long payment and losse of debts become ruined and destroyed in their Estates by trusting of strangers far and near whereas if the Trade were more mediate and went through the hands of the Tradesmen in the Countrey as it would be more certain to the Londoner so the Countrey Tradesman would be better able to furnish himself and by this means lesse losse would be in debts when the Countrey-man trusts his neighbours with that he knows men are able to pay and the Commodity sold might be afforded at the second hand as cheap as it 's sold in London in regard of the Charge Rent and house-keeping which admits