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 fourth Regiment is shewed, how the Gentiles confirmed their lawes by diuers authorities, faining that their la•…•…s were giuen to them of their gods, with the straight keeping of the same.

THere was no lawe among the Gentiles made nor established, vnlesse they were authorized and confirmed by some diuine power to satisfie ignorant people, for the Heathens most prefer∣red that lawe, and esteemed that go∣uernment, which was commaunded and allowed as it were, from the gods, as by Mercurius in Egipt, by Iupiter in Greece, and by Appollo in Sparta, as you heard before.

So among the Locreans, their lawes were au∣thorized by Minerua, among the Getes by the God∣desse Vesta, and so the lawe which Sergius compiled to the Turkes, to this day the Turkes holde it authorized and confirmed from the very mouth of their great Pro∣phet Mahomet.

And for that a sperhawke brought in her clawes a booke written with red letters to the Priests at Heliop•…•…∣lis in Egipt, containing the lawes and religion of theyr gods, the Priests therefore euer after ware red Scar•…•… caps, like the colour of the letters, & the feather of a sper∣hawke in their caps, in memorie thereof.

So no warre was commenced, nor battell taken in

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hand without such policies to intice and allure the soul∣diers to fight, as Sertorius had his white hinde, which he taught to follow him in his Affrican warres, by whom he made his souldiers belieue hee was instructed to d•…•… any thing he did.

So Lu. Sylla would take vpon him in the sight of his souldiers, to consult with the picture of Appollo, to make his souldiers more obedient and valorous.

So did Marius with his Scythian woman Martha, and so of others, which I spake of in my booke of stra∣tagems, and now to the Sabboth.

The obseruation of the Sabboth, was seuerely by the lawe of the Iewes kept, for the Lord blessed the se∣uenth day and hallowed it, to rest from our workes, a•…•…d to serue the Lord, signifying vnto vs our eternall rest to come: and therefore the Iewes gathered vpon the sixt day in the wildernesse, so much Manna as serued them vpon the Sabboth, because they should not breake the Sabboth.

As the Lord Iesus was crucified on the Sabboth eue, and rested in his graue the Sabboth day, so careful were the Iewes to obserue the Sabboth, that the holy womē that followed Christ, with their odors, ointments, and spices, staied from the annointing of his body vpon the Sabboth, for the Sabboth was made especially, that they should cease from labour, and come to heare the lawes of the Lord, and the voices of the Prophets, which are read euery Sabboth day in the Temple.

After the destruction of the Temple first builded by Salomon, the Lord stirred vp Cyrus for the second buil∣ding of the Temple, and to deliuer all the vesselles of golde and siluer, which Nabuchodonozer had taken out of the Temple of Ierusalem, to be placed againe in the

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house of the Lord at Ierusalem, according to the prop•…•… sie of Esay, two hundred yeares before Cyrus time.

After Cyrus, Darius and Artaxerxes, kings of Pers•…•…, commaunded in like manner that the Temple which was hindred for a time by meanes of the Samaritans to Cambises and others, should be with great diligence b•…•…∣ded, and all the vessels wich king Nabuchodonozer too•…•… away, should be according to Cyrus, Darius, and A•…•… erxes, three mightie kings of Persia, againe restored to Ie∣rusalem.

Among the Grecians the first day of euery moneth was their Sabboth, called among them (as among the Iewes) Neomenia, which they kept most solemnly & ser∣ued most religiously their gods.

Among the Romanes the Nones and Ides of eu•…•… moneth were their Sabboths, and obserued as religious daies, on which daies they would commence no bat•…•…, but as a Sabboth to serue their gods; for on the Ides of euery moneth throughout the yeare, the Romanes 〈◊〉〈◊〉 great solemnities, with diuers sacrifices and religious ce∣remonies.

Among the Parthians they obserued the very day that Arsaces ouerthrew Zaleucus to bee theyr Sabboth, for that they were restored on that day to theyr liber∣tie by Arsaces, which daye they keepe as a religious day, and vse great solemnitie in memorie of their li∣bertie.

The day that Cyrus ouercame the Scythians, was one of the Sabboths of the Persians, which they call Sacas.

And an other Sabboth day of the Persians, had on the very day that their rebellious Magi were slain that would haue vsurped the kingdome, in memory whereof they

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consecrated a feast called Magoph•…•…niah, the which day was so solemne a Sabboth among the Persians, that it was not lawfull for any of the Magi, that day to goe out of his house.

The victories at Marathon and at Micala ouer the Persians, was the Sabboth of the Athenians, for among the Heathens the dayes of their victories and triumphs, the dayes of their liberties restored, and of their feasts; were their Sabboths; for as it was not lawfull among the Iewes to fight vpō the Sabboth day, so among the Hea∣thens they straightly obserued their religious dayes as their Sabboth.

Phillip king of Macedonia, vpon the very day that his sonne Alexander was borne got two victories, the one was with his Mares in the games of Olympia, and the other with his men of armes in Thracia, for memorie whereof, hee decreed an annuall feast to bee made, which was obserued for a Sabboth among the Macedonians.

The Iewes so obeyed and reuerenced their lawes, that they would not breake theyr Sabboth daye, in so much that they suffered theyr enemins to kill and ouerthrow them, because they would not fight vpon the Sabboth day, so did they when they began to build the temple, before they would build houses to dwell in, or walles to defend them, but euery man readie with weapon in one hand for their enemies, & working with the other hand.

Nicanor going to strike a fielde with Iud. Macha∣baeus vppon the Sabboth daye, was willed to hal∣lowe the Sabboth, who said, is there a God mightie in heauen that commands to keepe the Sabboth day▪

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and I am mightie on earth that commaund the con•…•…∣ry, but Nicanor lost the battell, and his life in the battell, and his head, his hands, and his blasphemous tongue were cut off, and hangd on the Pinnacles of the Tem∣ple at Ierusalem.

Nehemias finding some Israelites prophaning the Sabboth day, in carrying burthens, he tooke them and rebuked them sharply for prophaning of the Sabboth day.

So straightly the Iewes obserued their lawes, that he that gathered but a fewe stickes vpon the Sabboth day, was taken and brought to Moses, and Moses brought him before the Lorde, and sentence of death was gi∣uen vpon him by the Lord, for breaking of the Sab∣boath, saying; Let him bee stoned to death by the people.

Such reuerence & obedience the Iewes had to Mo∣ses lawe, that when Alexander the great commaunded the high Priest to aske him whatsoeuer he would haue him to do, whereas he might haue had Territories and Countries giuen him, hee requested but the liberties and lawes of his Countrey to the poore Iewes that did inhabite within Asia, and all the dominions of Alexan∣der.

So did the Iewes that dwelt in Greece, in Asia, and in Antioch, requested of Zaleucus and Antiochus the great nothing but that they might liue, and enioy the bene∣fites of the lawes of their countrey, which is the lawe of Moses.

Neither could the Iewes endure any that would despise theyr lawes, for a souldier vnder Cumanus the Romane President, for tearing of Moyses bookes in contempt, mooued suche sedition, that they came

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armed to Cumanus, and claimed to haue iustice execu∣ted vpon the souldiers that so despised their law, for the tearing of one leafe.

The like sedition moued an other Romane souldier vpon the feast day of the Iewes by shewing his geni∣tall parts, scoffiing and flowting theyr lawes and reli∣gion, so that Cumanus to satisfie the Iewes, put both the Romaines to death, to the losse of twentie thousande Iewes by the Romaine Armyes after∣wards.

The Iewes suffered many ouerthrowes most wil∣lingly vpon the Sabboth day, saying: Moriamur omnes, because they would resist neither Pompey the great, nor Antiochus King of Syria vpon the Sabboth, a•…•… the Romaines and the Syrians euer found mea•…•… to fight with the Iewes vppon the Sabboth daye, on the which daye Pompey the great tooke Ierusa∣lem.

Therefore Iud. Machabaeus made a lawe, that to fight vppon the Sabboth day, in defence of theyr lawes, of theyr countreys, and of theyr liues, was no seruile worke, but thought it lawfull to fight vppon the Sabboth daye with Nicanor a blasphe∣mer, and an enemie of the Lorde and his Armye, and so ouerthrew Nicanor, and slew nine thousand of his host, so that vpon the Sabboth day any man may do good.

So Christ aunswered the Israelites for his Disci∣ples, beeing accused that they brake the lawe in ea∣ting the eares of corne, haue you not read what Dauid did when hee was a hungrye, to eate the shewe bread, which was not lawfull but onely for the Priests:

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So he also answered for himselfe, beeing accused of the Israelites that he brake the lawe in healing the 〈◊〉〈◊〉 vpon the Sabboth day: Which of you said Christ will not loose his Oxe or his Asse from his cribbe vpon the Sabboth day to water them?

The Sabboth day is the schoole of the Lord, in the which he would haue his people taught and instructed, not onely to heare the lawes read vnto them, but to learne the lawes, and to liue according as the lawe commaundeth them, to that ende was man created that hee should bee the Temple of God, where the Lord might dwell and raigne within him, and that the Lord should be our aultar, vpō the which we should offer our selues vnto him in sacrifice, both in body and •…•…ule.

Among the Heathens the Sabboth of the Lorde was not knowne, for that they knew not the Lord of the Sabboth: this commandement pertained onely to the children of the Lord the Israelites, to whom the law was giuen in hope of eternall rest.

The restoring to their libertie, their victories, their triumphes, theyr feastes, and the dayes of their birth, these were the Sabboths of the Gentiles, to serue, to giue thankes, and to sacrifice to their gods, as before 〈◊〉〈◊〉 written, but the Lord spake to Israel, you shall not ob∣serue time to make some dayes luckie, and others vnluc∣kie, as the Gentiles did, but only obserue your Sabboths▪ and to come to the Temple to heare the lawes of the Lord read.

When Hanibal departed out of Italy, the Temples were set opē according to the custome of the Roman•…•… that they might goe and giue thanks to the gods for the vanquishing of such an enemie.

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Archidamus began first with seruice and sacrifice to the gods, before he would attempt any great battel with the enemie.

Xenophon before hee had gotten his whole Ar∣mie reconciled, and willing to craue the fauour of the gods in any distresse, hee would take no iourney in hand.

The Gentiles obserued times, dayes, and moneths, as the kings of Macedonia commenced nowarre during the whole moneth of Iune.

The Romans likewise obserued the Nones of euery moneth as vnluckie and religious dayes, and refrained that time to take any great thing in hand.

The Germaines also had a lawe not to fight any bat∣tell in the wane of the Moone, much like the Lacede∣monians, who were forbidden by Licurgus lawe, that they should take no warre or battell in hand before the full of the Moone, they were therein so religious, that they absented from the battell at Marathon foure dayes.

The Romans also would enter into no field, neither wage any battell vpon their religious dayes.

Cai. Caesar in his warres against Ariouistus, King of the Germaines, knowing that the Germaines hadde a lawe set downe, that it was not lawfull for them to commence any battell in the wane of the Moone, Caesar obseruing the Germaines to bee so religi∣ous, gaue them a battell vnexspected, and ouerthrew them.

So Titus Vespasian vpon a satterday, the Sabboth of the Iewes, subdued the Iewes, destroyed the Tem∣ple, and tooke Ierusalem, as Pompey the great did be∣fore.

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Before the Temple was builded in Ierusalem by Sa∣lomon, the Israelites came to Siloh, where the Taber•…•…∣cle rested, to offer to the Lord, as after they did to Ie•…•…∣salem. In this Temple at Ierusalem, the Lord promised to Salomon, that he would present himselfe, and appeare at the prayer of Salomon, as hee promised to Moses in the wildernesse to appeare at the doore of the Taber∣nacle, to comfort them, and to further them in all theyr lawes.

The Angels that brake the lawes of the Lord in hea∣uen, were condemned, and had iudgement giuen to bee prisoners in perpetuall darkenesse, and man that brake the lawe in Paradise, had sentence of death pro∣nounced against him by the Lorde himselfe in Para∣dise.

And therefore Licurgus to haue his lawes continue among the Lacedemonians, to performe the Oracle of Appollo, which was, so long should the Lacedemonians keep Licurgus lawes vndefiled, as long as Licurgus should keepe himselfe absent from the Lacedemonians, and therefore most willingly banished himselfe out of his countrey to dye in Delos, that by his absence the lawes which he established amōg the Lacedemonians should continue, his lawes therefore continued 500. yeares and more after his death.

The contempt & breach of lawes in all countries were seuerely punished, in so much that Charondas made a law to the Carthaginians, Archadians, & others, that they that found fault with paenall lawes, should be crowned with Tamarisk, and be carried round about the towne, and so thence to be banished, according to the lawe of the 12. tables, Violati iuris paena este.

And therefore Antalcidas accused Agesilaus for the

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breach of Licurgus lawe, for that he taught the Persians by often warres to become men from women; Non diù in hos bellaadum ne ipsi bellicosi euaderint.

Charondas made an other lawe, that if any that were cōuicted, thought his lawe to be too seuere, they might vpon condition make meanes to the people for abroga∣ting of the lawe, the condition was, they should come with halters about their neckes, before all the people in one place assembled, which if they by complaining of the seuerities of the lawe, should goe free, the former law should be abrogated, or mitigated, but if they falsly accused and slaundered the integritie of the lawe, they should be strangled with the same halters which they ware about their necks, to accuse the law, for the words of the lawes of the twelue tables which agree with Cha∣rondas lawe are these; Legum iusta imperia sunto, hisque ci∣ues modestè & sine recusatione Parento.

And yet it is necessary vpon occasions that lawes should be altered, for saith Hypocrates, Tempus est in quo occasio, & occasio in qua tempus, though he applied this to Phisicke, yet in the selfe same reason it serueth for the lawe.

Cicero thinketh the life and manners of good men often changed, to be the cause of changing of the lawes and states of cities; and Plato, whom Cicero calleth Deum Philosophorum, said, that the least lawe made, may not be chaunged nor abrogated, without doing hurt or harme to the publique state of a common-wealth; and there∣fore in Aegina he was euer accounted accurst, that went about to make new lawes, by abrogating the former. For when Lysander went about to alter and change Li∣curgus lawes among the Lacedemonians, hee was resi∣sted by the Senators and the people, though Lysander

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was the onely chiefe man in Sparta.

Likewise the whole summe of Aristotles Aeconomi∣call and Politicall lawes, are but instructions teaching the rule and gouernment of a Common wealth, iubendo & parendo, how men should know to doo good, and a∣uoyd to do euil, to gouern and to be gouerned, that the people should be defended from wrong, so is the law of the twelue Tables, Vis in populo abesto, causas populi tencto.

And therefore positiue lawes in all countries were and are made from the beginning to maintaine ciuill or∣ders, and to determine of such orders and circumstan∣ces as are necessary and requisite for the keeping of the people in obedience of the same.

Of these and such lawes Plato wrote his booke de Re∣pub. tending to the administration and gouernment of the people, according to the lawe.

The morall lawe commaundeth a iust and vpright ordering of iudgements, contracts, and punishments in a common-wealth.

Alexander Seuerus the Emperour, therefore would make no lawes without the iudgement of 20. of the best learned Ciuilians, with the aduise and consent of 50. of the grauest and wifest councellors that were within his Empire, to examine whether the lawes were iust & pro∣fitable for the people, before they should be published, but being once published as a lawe, extreame punish∣ment was appointed for the breach thereof, as is before spoken, without any appeale frō the lawe, without some great extraordinary cause of appeale.

As among the Hebrewes in any citie of Iudah, that if they could not rightly iudge, nor discerne throughly the cause, according to iustice, by the Magistrates of the citie, they might appeale to the Iudges named Sinadrion

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in Ierusalem, from whence no appeale could be had.

So among the Grecians, they might appeale from the Areopagites in Athens, from the Ephories in Sparta, and all other cities of Greece to the Amphictions at Tro∣zaena, which were appointed general Iudges for the vni∣uersall state of Greece, in martiall and military causes, and there to sit and determine twise a yeare of the whole state of Greece, and further to heare and to iudge of some other great causes and capitall crimes, from whose sen∣tence no other appeale was to be had; for out of euery citie in Greece in the Spring and in the Autumne, to the Amphictions at Trozaena they sent Embassadors, whom the Greekes called Pytagorae.

So among the Romanes a lawfull appeale might be had from the Consuls to the Senators, from the Sena∣tors to the Tribune of the people, and from the people to the Dictator, which continued vntill the time of the Iudges called Centum viri; for Sententia Dictatoris, & iu∣dicia centum viralia, were both lawes of life and death, from whose iudgement and sentences, there were no greater Iudges to appeale vnto: of the like authoritie were the Decem viri, from whom also there was no ap∣peale during their gouernment.

So in diuine causes we may appeale to mount Sion from Mount Sinai, from the lawe to the Gospell, from Moses to Christ our perpetuall Dictator, from whom we haue no place to appeale vnto for our eternall salua∣tion.

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