A briefe conference of diuers lawes diuided into certaine regiments. By Lodowick LLoyd Esquier, one of her Maiesties serieants at armes.

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Title
A briefe conference of diuers lawes diuided into certaine regiments. By Lodowick LLoyd Esquier, one of her Maiesties serieants at armes.
Author
Lloyd, Lodowick, fl. 1573-1610.
Publication
London :: Printed by Thomas Creede,
1602.
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Subject terms
Law -- History -- Early works to 1800.
Comparative law -- Early works to 1800.
Religion and law -- Early works to 1800.
Cite this Item
"A briefe conference of diuers lawes diuided into certaine regiments. By Lodowick LLoyd Esquier, one of her Maiesties serieants at armes." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A06131.0001.001. University of Michigan Library Digital Collections. Accessed May 4, 2024.

Pages

In the tenth Regiment is shewed the disobedience of man a∣gainst the Lord, with the seuere punishments of all nati∣ons against theft.

THe Lord commaunded rauens to feed Elias, and they did obey him; he com∣maunded the Sunne to stay ouer Gibe∣on, and the Moone ouer Aialō a whole day, and they obeyed him; the Lord commaunded the winds, the seas, fire, haile, snowe, Ise, and tempests, and they obeyed his commaundement; all creatures obey the Lord, but man the chiefe creature, which the Lord crea∣ted according to his owne Image.

And therefore said Cicero, Legi obediunt maria, ter∣rae{que}, & hominum vitaiussis supraemaelegis obtemperat, the heauens, the earth, the sea, and all men liuing, obey the supreme lawe, which is the lawe of God, which Cicero calleth the lawe of nature, Lex est illa circaea virga, qua tae∣taeferae, homines{que}, mitescunt. Lawe is the rod apointed to tame man and beast.

The fraud of Giezi, Elizeus seruant, because he went secretly like a theese, after Naman the Syrian, and made a large lye that Elizeus his maister sent for a Tallent of siluer, and two garments, the Prophet beeing his maister, gaue sentence on him, that the leprosie of Naman shoulde cleaue and sticke to him for euer: Giezi heere stole nothing, but onely for his false∣hood and lyes, which with sacriledge and robberies,

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stealing of cattell, fraud, deceit, and the like, are included within the precept of stealing, for the law is, Thou shalt not steale, nor deale falsly, neither lie one to another, thou shalt not do thy neighbour wrong, neither robbe him.

The vision of the flying booke, signified the curse of theeues, and such as abuse the name of the Lorde with oathes, for all theeues and swearers shall be iudged by this booke, for this booke shall remaine in theeues hou∣ses, and in the houses of them that sweare falsly by my name saith the Lord, and shall consume them with the timber and stones thereof.

Many poore theeues are fettered & chained in pri∣sons, but great and publike theeues are cloathed in gold and purple.

Such was Heliodorus that came to robbe the Temple of Ierusalem from king Zaleucus, who was so scourged and whipt, that for golde and siluer, he had stripes and stroakes, that scarse thence he escaped aliue.

So should Shesac king of Egipt, Antiochus king of Syria, Pompey the great, and Mar. Crassus the Romain Consul, these foure great mightie theeues, had bene as wel pla∣gued and punished, as Heliodorus was, when they robd the Temple, had it not bene for the great sinnes of Iudah and Ierusalem.

Many like Dyonisius, after he spoyled the temple of Proserpina in Locris, and sailing with a good gale of wind from Locris to Syracusa, see (said he) to his mates & fel∣lowes, how prosperously we saile after this our sacri∣ledge.

Many againe robbe in scoffing sort, like the same Dyonisius the tyrant, who tooke the golden garment from Iupiter Olimpian in Peloponesus, saying, that it was

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too heauie for sommer, and too colde for winter, and therefore he commaunded that Iupiter should be cloa∣thed with a woollen garment, light for sommer, and warme for winter; many such like sacriledges are scof∣fingly committed in Christian Churches.

Many make but a ieast of theyr theeuerye and falshood with Dyonisius, who when hee had taken the golden beard of Aesculapius away, said, it was no reason the sonne should weare a beard, seeing his father Appollo had none.

If any man be found stealing any of his brethren the children of Israel, and selleth him, the thiefe shall die for the same; the like is spoken to him that taketh the nea∣ther or vpper milstone to pledge.

The seuere lawes that they had in Phrygia against theft, were such, that hee that stole but a ploughe share from the fielde, or a forke, or a rake from a meadowe, should by the lawe in Phrygia die.

In Athens the lawes of Draco were so hard & streight against theft, that for the least filching or stealing, the theefe should die for it.

If any man in Athens should steale hearbes to make pottage, or to take some dung of beasts for to dung his owne ground, from another mans ground, it was by Dracoes lawe a capitall crime.

He that borrowed a Horse of his neighbour, and would ride further then the place appointed, by the lawe of Draco hee might haue an action; and there∣fore Demades saide, that Dracoes lawes were Leges san∣guine scriptae, lawes written with blood: the least fault in Athens, by the lawe of Draco was punished with death, which lawes by Solon his successor were mitti∣gated.

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Among the Indians though adultery was left vn∣punished, as it was among the Scythians, yet theft was most odious to both these Nations, and most sharply to be punished by the lawes of India and Scythia.

In all countries among all nations, theeues were di∣uersly punished.

In Egipt the lawe of Bocchoris was such against theft, that if the Theefe after hee had stolne any thing had brought his stealth willingly of himselfe vnto the chiefe Priest called Princeps Sacerdotum, before he was accused of it, he that lost the goods, should write the time, the day and the houre when it was lost, vnto the Priest, and should haue again three parts of his goods, & the theefe should haue the fourth part that stole it, for that he con∣fest it before he was accused, which is according to Mo∣ses lawe, that if the theft be found in the theeues hands, he shall restore double; but if a theefe steale an oxe or a sheepe and kill it, or sell it, he shall restore fiue oxen for an oxe, and foure sheepe for a sheepe, for in the ciuil lawe it is written, Propter manifestum furtum restituatur quadruplum.

The Romanes therefore verie carefull hereof, kept in their Capitoll dogges quicke for smelling and sent, and fed geese for sacrifice to Iuno, quicke of hearing, lest theeues should rob the Capitoll, and so Manliu•…•… by geese, saued not only the Capitoll, but Rome it selfe from the Gaules.

Another lawe of Bocchoris, that if any were accused falsly of theft in Egipt, before a Iudge, the lawe was, that hee which wrongfully accused the partie, should suffer that punishment which was due to him that was accused, if he had committed the fault; so is Moses lawe, that if a false witnesse accuse a man of trespasse, before•…•… Iudge, and be not able to proue it, then shall the Iudge

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do vnto the false witnesse as hee had thought to haue done vnto his brother.

Charondas made a lawe in fauour and education of Orphants, that the wealth and legacies which were left vnto them by their parents, should be answered to the Orphants by the next of theyr fathers kindred, when they came to age, and the Orphants to bee brought vp with the next of their mothers kindred, & therfore Cha∣rondas made this lawe, least the fathers kindred or mo∣thers kindred should deceiue the Orphants either by a∣ny fraud, deceit, or guile, which is plaine theft.

The like lawe made Solon in Athens, as Charondas made among the Thurians and Carthagineans, least, a∣ny fraude or deceit should bee practised against Infants or Orphants, and therefore the Indians vsed none of the kindred or of the bloud of the Orphants, but two straungers as tutors and gardens to answere to the pu∣puls their goods and legacies according to the lawe of India.

Among the Persians as among the Indians, the lawe was, that the patrons that deceiued their clients should die for it; so was the law of the 12. Tables, as wel among the Romanes as among the Grecians, Patronus si clienti fraudem fecerit sacer esto.

The daughters of Zalphod were restored to theyr fa∣thers heritage, for the Lord commaunded Moses that hee should turne the inheritance of theyr father vnto them, and gaue them a possession to inherit among their fathers bretheren; this is the lawe of the Lord, if a man die and haue no sonne, his inheritance shall turne to his daughter, if hee haue no daughter, to his bre∣theren, if hee haue no bretheren, to his fathers bre∣theren.

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Among the Arabians the lawe was, that the eldest brother was allowed to the inheritance before the el∣dest sonne.

In Aethiopia in like manner not the kings children, but his brothers childrē should succeed him in the king∣dome.

Among the Lycians also, the daughters and not the sonnes should be their fathers heires, neither were they named after their fathers name, but after their mothers name.

This is against Voconius lawe in Rome called Plaebiscita, for that he was Tribune of the people, by the which law it was lawful that no woman should haue (though she were the onely daughter of her father) but the fourth part; and because women grew so rich by patrimonie and by legacies, Domitianus the Emperour confirmed Voconius lawe, and made a decree that no defamed wo∣man should possesse the heritage of her father, neither should she be carried in a coach, were shee euer so great or so rich; for the lawe was, Nequis etiam census vnicam relinqueret filiam haeredem, contrarie to the law of the 12. Tables, which was, that the Testator might dispose of his goods as pleased himselfe, according to the lawe, Vti legasset suae reiquis{que}, ita ius esto.

Therefore the lawe commaunds iust and true dea∣lings to be exercised and embraced as well in words as in deedes, for negatiue commaundements include in themselues affirmatiues, as, Thou shalt doo no murther, therefore thou must aide and helpe thy neigh∣bour, wherefore we must loue our neighbours in heart, and wish them no more harme then to our selues, and shewe the same in word and deed.

Such loue was in Moses and in Paul, that the one

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wished to be put out of the booke of life to saue the peo∣ple from destruction, the other of meere loue wished to be accursed for their bretheren to do them good.

Such is the nature of perfect loue, that Abraham pray∣ed for the Zodomites, and Moses for Pharao and the E∣giptians, though they were wicked people; for that is the lawe, loue your enemies, and do good to them that hate you.

So Stephen the first martyr, following the example of his maister Christ, prayed for them that stoned him, for all vertues haue their force & power from praiers, faith is strengthened by praiers, loue confirmed by praiers, and repentance continued by praiers.

Notes

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