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A06131 A briefe conference of diuers lawes diuided into certaine regiments. By Lodowick LLoyd Esquier, one of her Maiesties serieants at armes. Lloyd, Lodowick, fl. 1573-1610. 1602 (1602) STC 16616; ESTC S108780 93,694 158

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law-makers of the world Quibus omnes antiquae gentes quondā paruerunt both for the more credit of thēselues better authoritie of their lawes made their subiects people beleeue when their first lawes were made that the gods were so carefull that they gaue them seuerall lawes to gouerne the people So Mena one of the first kings of Egipt affirmed that he had instructions for making of his lawes and decrees to the Egiptians from god Mercurius In like sort Licurgus made the Lacedemonians beleeue that the lawes which he gaue vnto them were deliuered vnto him from Appollo in Delphos The people of Creete were perswaded fully by Minoes their first lawe-maker that the lawes which he gaue vnto them were deliuered vnto him from Iupiter that thereby the law might the more be feared and the law-makers better obeyed So did Numa Pomp. warrant his lawes which he established among the Romanes concerning religion from the Nimph Egeria for the gouernmēt which was vnder kings is by Aristotle called Primus diuinissimus principatus When the first gouernment and state of Common-wealths fell by too much seueritie of kings as among the Romaines who were wearie of kings and had no lawe but Ius regis the iudgement and sentence of the king called in Romulus time Lex curiata whose seueritie grew to be such that the second gouernment in Rome which was by Consuls and Senators tooke place by fall of the first which lawe was called Senatus Consultus which grew so great by authoritie of the Consuls that a third kind of popular gouernment vnder the Tribune of the people was authorised to suppresse the misgouernment both of the Consuls and Senators as the Ephori were among the Lacedemonians made by Theopompus to bridle the insolencie of the kings So were the wise men called Magi in Persia without whom the kings of Persia could make no lawes And so the Magistrates called Megistenes had the like authoritie with the kings of Armenia as the Ephori had in Sparta Among the Carthagineans also were two chiefe Magistrates named Suffetes the one with the other to looke to the gouernment of the kings that they should iustly and rightly minister iustice to the people The Hebrewes likewise where God placed Iudges to gouerne the people of the which they were wearie and would haue a king so that the Romanes being wearie of kings would haue Consuls and the Hebrewes being wearie of Iudges would haue kings for all nations at the beginning began with the gouernment of kings sauing the Hebrewes which were as straungers and bondmen in Egipt without eyther king lawe or libertie foure hundred thirtie yeares euen from the comming of Abraham into Egipt vntil Moses and Aaron were commaunded to bring Israel out of Egipt at what time a lawe was giuen in Mount Sinai to Moses within fiftie dayes after the Israelites came out of Egipt that they should bee gouerned thereby before they possessed the land of Canaan After they had receiued the lawe the Lorde commaunded them that they should not make gods of siluer nor gods of golde hee also commaunded that they should make him an Aultar and thereon to offer burnt offerings and peace offerings with a straight charge that they should not make him an Aultar of hewed stones like the aulter at Damascus which Achab brought to Israel for that they should doo nothing of themselues after the manner of the Gentiles but by the Lords prescript rules which are his eternall lawes Yet before this lawe was giuen to Moses there were Aultars builded and sacrifices offered by Noah after hee landed out of the Arke at Baterion by Abraham after he came to the land of Canaan at Sychem by Isaac in Bersabe by Iacob in Bethel where hee fled from his brother Esau they were instructed by the lawe of nature written in the tables of their hearts to worship the Lord to feare him euen from the creation Vnder the lawe of nature the people of God liued and were assisted by the spirit of the Lord ministred vnto them by Angels and instructed by the Patriarches and liuely tradition of the fathers to the sonnes two thousand fiue hundred yeares before the lawe written Who doubtes but what Methusalem beeing in the company of Adam aboue two hundred fiftie yeares and with the rest of the Patriarches vnto the very floud liuing vnder the lawe of nature heard of Adam but Methusalem deliuered it to Sem what Sem heard of Methusalem but hee instructed Abraham therewith what Abraham heard of Sem hee shewed it to Iacob and what Iacob heard of Abraham hee taught it to Amri who was father to Moses to whom the lawe written was giuen so that the one was instructed by the other from the father to the sonne to serue and feare the Lord by the lawe of nature So that Enoch Noah Abraham Iacob Iob and all the olde Patriarches and godly fathers liued in the feare of God by the lawe of nature No doubt many things were written of the olde fathers before the floud and left to their posterities and after the floud generally ouer the whole world before the vse of paper lawes and learning were giuē by traditions frō the parents to the children their posterities as the Indians which had no lawes written no more then the Lacedemonians but by obseruations vntill the Indian Philosophers called Brachmaines found meanes to write in Sindone fine linnen or lawne as the old Egiptians vsed to write on the inward side of the barke of the tree Biblus or as Vlpian saith the Grecians vsed to write on the barke of the tree Tilia for in auntient time from the beginning lawes were written on the inward side of barks of trees as on the barke of Beech trees Elme Ashe Palme trees and such for the great library in Alexandria by Philadelphis compiled and the library in Asia by A●…talus and Eumenes gathered together were written in Haedonis Chartis in goate skinnes During all which time there was no mention made neither of gods nor of Idols though Satan plaid the first Idolater in practising to Adam Eue saying Eritis vt dij Ye shal be like gods on earth your eies shal be opened Satan by degrees deceiued Adā first asking him questions then doubting then denying saying you shal not die which was the first lye in the world so Satan proceedeth with his stratagems as Gregorius Magnus saith in Vnoquoque lapsu a minimis semper incipitur Yet after the lawe written was giuen Idolatry was presently committed before Moses came downe from the Mount so that there was no Idols mentioned nor spoken of before Rachel Iacobs wife stole her father Labans Image and brought it from Mesopotamia in her husbands company towards Canaan where Laban accused his daughter that she stole his gods away But Iacob within a while after he came to Canaan commaunded his houshold and all that were
of the souldiers in the one oxe and the other souldier in the other oxe and left their heads out of the oxen that thereby they might speake one to an other as long as they liued Was not Abraham called from the Chaldeans because they were wicked Idolaters Did not Iacob long in Mesopotamia for the land of Canaan Did not Dauid wish to be in Iudah from among the Amalekites wicked Infidels Were not the captiue Israelites most desirous from Babilon to come to Ierusalem yet not before the time that God had appointed and determined for Elizeus could not prophesie before Elias threw his mantle vpon him neither could Dauid appeale the furie of Saul before hee played on his harpe neither could Aaron become a high Priest before his rod blossomd in the Arke The very Heathens forsooke the company countrey of wicked people as Hermadorus forsooke his countrey Ephesus for the iniquitie of the people Anacharsis left Scythia his barbarous countrey and came to Greece to learne wisedome and Philosophie in Athens Plato left Athens and went from Greece to Egipt to be taught in the religion ceremonies and lawes of the Egiptians Paul left Tharsis to goe to Ierusalem to learne the lawes of the Iewes at Gamaliel Queene Saba came from Aethiope to heare Salomons wisedome in Ierusalem It was lawfull by the lawe of Solon in Athens to kill an adulterer beeing taken in the act as among the olde Romanes the husband might kill his wife if hee found her an adulteresse but this lawe of Solon in Athens was after mitigated by Solon with a lesse punishment The Parthians supposed no offence greater then adultery neither thought they any punishment to be equall with so great a crime Among the Arabians the lawe was that the adulterer should die such a death as the partie grieued should appoint Diuers Philosophers euer thought adultery worse then periurie and without doubt greater harmes growe by adultery then periurie though the one be in the first Table against the maiestie of God to take his name in vaine and the other in the second Table against thy neighbour whom thou oughtest to loue as thy selfe and yet some of the best Philosophers as Plato Crisippus and Zeno iudged that common-wealth best gouerned where adultery was freely permitted without punishment that libertie they brought from Egipt vnto Greece where the Egiptians might marrie as many wiues as they would like the Persians Among diuers other nations adulterie was left vnpunished for that they had no lawe against adultery Histories make mention that the virgins of Cypria and of Phaenizia get their dowrie with the hire of their bodies vntil they gaue so much for their dowries that they might make choise of their husbands and be married The Troglodites the nights before they be married vnto their husbands must lye and keepe company with the next of their kin and after their marriage they were with most seuere lawes punished if they had offended It should seeme by the lawes of Licurgus in Sparta 300. yeares before the law of Solon in Athens which was 200. yeares before the law of Plato among the Cicilians which made no lawes against adultery that the Grecians tooke their instructions by imitation from the Egiptians For one after an other Solon after Licurgus and Plato after Solon trauelled to Egipt to other farre countries and brought the lawe of Bocchoris out of Egipt the lawe of Mynoes out of Creete and the lawes of the Gymnosophists out of India into Greece As among the Lesbians Garamites Indians Massagets Scythians and such that were more like to sauage beasts then to temperate people for by the lawe wee knowe sinne for I had not knowne what adultery was vnlesse the lawe had commaunded thou shalt not lust And therefore it was not lawfull by Moses lawe that a bastard or the sonne of a commonwoman should come vnto the congregation of the Lord or serue in any place of the Tabernacle or enter into the ministerie vntill the tenth generation so hatefull vnto the Lord was fornication adulterie and vncleannesse of life When Iacob had blessed all his children yet for that Ruben lay with his fathers concubine Bilha his father Iacob prophesied that he should not be the chiefest of his bretheren though hee was the eldest sonne of Iacob and the eldest of his bretheren for that he was as vnstable as water for defiling his fathers bed for among the Israelites it was a great shame and reproach for women to be barren therfore the wiues brought their maides to their husbands for childrens sake as Sarah brought her maide Agar vnto Abraham and Leah and Rachel brought to Iacob their two maides Bilha and Zilpha so Rachel gaue leaue to Iacob to lye with Bilha her maide who bare to Iacob two sonnes whom Rachel though not their mother named them as her owne sonnes Dan and Nepthali So Leah brought her maide Zilpha to Iacob who conceiued and brought him two sonnes of whom Leah was so glad that she named them as her owne sons the one Gad and the other Asar so that foure of Iacobs sonnes were borne by his maides and not by his wiues This was tollerated but not lawfull Though the Hebrewes were tollerated by the lawe of Moses to haue many wiues and concubines and Libels of diuorcement for the hardnesse of the lewes hearts as Christ said yet said our Sauiour Non fuit sic ab initio it was not so from the beginning Euen from the creation men liued vnder the law of nature for in mans heart yet not corrupted before the fall there was perfect knowledge in the lawe of nature as in the first man Adam was seene before his fall vnder the which the olde Patriarkes liued and sinnes were corrected and punished by the same lawe for it was a positiue lawe by nature set foorth and written in the hearts of men thus was the written lawe yet by Moses tollerated When it was tolde Iudah that his daughter in lawe Thamar was with childe hee commaunded that shee should be brought forth and be burnt Here the law of nature before the lawe written commaunded whoredome to be punished with death here Iudah though he detested whoredome in Thamar yet being found that the incest was committed by him found his fault greater then hers If a man be found with a woman that hath a wedded husband let them both die the death so shalt thou put euill away from Israel for the lawe is you shall maintain no harlots in Israel as the Cyprians and Locreans doo It was not lawfull among the old Romaines to call a bastard by the name of his father because he was the son of a common woman and no man knew who should be his father but they vsed for his name to write these two letters S. P. quasi sine patre as though he had neuer a father In Athens by the law of Solon a bastard
therefore destroyed at the brooke Kyson false witnesse is a murtherer of his neighbours false witnesse selleth bloud for money a theefe that selleth mens lands liuings and liues secretly for it is written in the lawe of Moses that thou shalt not remoue thy neighbours marke which they of olde time haue set in thine inheritance So Numa Pomp. made the selfe same lawe in Rome that whosoeuer would plough vp any of his neighbors markes or meeres both he and his oxen should be slaine and sacrificed to god Terminus vpon the very meere where the offence was done False witnesse is a defamer and slaunderer of mens credite and therefore the lawe of the twelue tables saith Siquis occentauisset aut carmen condidisset quod infamiam faceret flagitiumque alteri capitale sit If any would write slaunderous libelles or infamous verses touching a mans credite good name and fame he should die for it The selfe same lawe was by Solon made in Athens that vpon any slaunders or nicknames an action might be had before the Iudges Areopagites How much more false witnesses and periurers that seeke mens liues by false oathes are to bee punished whose conscience are burned with hotte irons of whom is said Conscientia pietatis lacinia for you shall not sweare by my name falsely saith the Lord neither shall you defile the name of your God The Lord though he commaunded his people that they should not sweare at all neither by heauen for it is the Lords throane neither by the earth for it is his footestoole for the scripture vsed the speech of the Lord for an oath Dixit Dominus it was an oath and the Lord sware by the excellencie of Iacob he sware by himselfe Per me ipsum iuraui Oathes may bee well and iustly required in lawfull causes for Abraham made his seruant to sweare by the God of heauen and earth not to take a wife to his sonne Isaac of the daughters of the Canaanites but of his owne stocke and kindred and therefore hee caused his seruant to lay his hand vnder his thigh which ceremony declareth the dutie and obedience the seruant should haue to his maister Iacob sware the like oath as his grandfather Abraham did and caused Ioseph his sonne to put his hand vnder his thigh as an oath that he should not suffer him to be buried in Egipt but to be brought from Egipt to Haebron to the field Machpela●… and there to be buried with his fathers Abimelech requested Abraham to sweare Iura per deum ne noceas mihi nec stirpimeae and Abraham sware vnto Abimelech and named the place where they both sware Berseba Iacob sware vnto Laban his father in law Pertimorem in Patrissui by the feare of his father Dauid sware against Nabal and said Hocfaciat mihi dominus Thus God do vnto me if I leaue Nabal a head for that he denied me and my company a little victualls being a hungrie Salomon sware vnto his mother by the Lord Thus God do vnto me if Adoniah liue for that by seeking Abizaig he seeketh also the kingdome Elias the Prophet sware vnto Achab king of Israel Viuit Dominus as sure as the Lord liueth So Elize●…s sware vnto Elias the like oath Viuit Dominus I will not forsake thee this kind of oath is often vsed in scripture as the Lord liueth or as thy soule liueth Paul the Apostle vsed this oath God is my witnesse whom I feare in an other place Testem Deum inuoco in animam meam I call God to witnesse to my soule and againe God knoweth that I lye not In the thirteenth Regiment is set downe the danger and inconveniences that hapned by ambition and what lawes diuers countries made to banish the same THe states of Princes and countries are euer in most danger where ambitious men be who fearing nothing at all secretly to speake against Princes and Magistrates ambitiously whose ambitious nature seekes not onely to rule and raigne but also to practise without feare through pollicie to vndermine states and to ouerthrowe their countrey through ambition Pacem contemnentes gloriam appetentes pacem gloriam perdunt Of these men Plato saith Siquis priuatim sine publico scitu pacem bellumuè fecerit capitale esto Ambitious men are not so glad and proud to see many follow them and obey them as they are spitefull and disdainfull against any one man that esteemes them not so ambitious and proud was Ammon that he could not endure the sight of Mardochaeus The ambition of Abimelech was such that hee slew three score and eight lawfull sonnes of Gedeon his bretheren vpon one stone to become a Iudge in Israel himselfe being but a bastard Absolon the naturall sonne of Dauid went most ambitiously about to winne the hearts of Israel from his father embracing and kissing euery one that came vnto him saying I wish there were some that would minister iustice to the people Such is the nature of ambitious men Qui honores quieta Repub desperant perturbata se consequi posse arbitrantur Can a man goe barefooted on thornes and not bee prickt can a man put coles in his bosome and not bee burnt can a man be ambitious and not be trecherous for ambition claspeth enuie as the Iuye claspeth the Oake and as the Iuye sucketh all the moysture of the Oake so enuie sucketh all the moysture of the ambitious man What was the end of Ammon for his ambition to be hanged vpon the selfe-same gallowes which he prepared for Mardocheus What got Abimelech by his ambition and murthering of his bretheren but to haue his braine panne broken and slaine and that by a woman in the Cittie of Argos The end of Absolon was no better but to be brought by his owne mule and to be hanged by the haire of his owne head in the wood of Ephraim where his mule left him Impia proditio celeri paena uindicanda Had these ambitious men obserued the three precepts which Brasidas taught his countrey men the Athenians Velle vereri obedire they might haue died a more honourable death then to be hanged and killed by those whom they sought ambitiously to destroy by their next kinred and chiefe friends These bee such men Qui suam sibi fortunam fingunt The like lawe was appointed by Plato for treason as for sacriledge Iudices istis proditoribus dantur qui sacrilegis solent for as Philip of Maecedon was wont to say Amare se prodituros non proditores so Augustus Caesar after him vsed the like wordes Proditionem non proditores amo And therefore Corah Dathan and Abiron and all their complices to the number of two hundred and fiftie were swallowed vp of the earth aliue for theyr ambitious murmuring against Moses The Lord spared neither Aaron Moses brother nor Myria his sister for the like offence so