Tricoenivm Christi in nocte proditionis suæ The threefold svpper of Christ in the night that he vvas betrayed / explained by Edvvard Kellett.

PAR. 9.

I Returne from the fourth Commandement kept, as well by the Gentiles, on Sa∣turday; in imitation of the Jewish Religion, (though perhaps the most part of them knew not so much) as by the Christians, on Sunday: I now come to the precepts, and observation of the Romanes, concerning the fift Commandement, Honour thy Father and thy Mother, in which point, let me say truely, they were as strict, yea, more strict, then the Law of God: the seventh Law of Romulus, as Bal∣winus recordeth from a most old table, was this, viz. Parentum liberos omne Jus esto relegandi, vendendi, & occidendi, that is, let Parents have absolute power over their children, either to banish, sell, or kill them, at their pleasure: Halicarnassaeus (lib. 2.) more particularly amplifyeth it: the Roman Law-giver granted, (as I may so say) all power unto the Father over the child, even whilst the childe lived, either to im∣prison him, or whip him, or make him worke like a clownish husbandman, or kill him; yea, though he were growne up to the chiefe Magistracy: or three times, to make sale of him for gaine; which is repeated, and inserted into the twelve Tables: which great power no people under heaven, except Romane Citizens exercised, or practised upon their Children; and which in truth was greater, than the power they had over bond-slaves, for, if (they) were once freed, they were ever freed: Festus recites this onely Law of Romulus: If a youth, or mayde beate their Fa∣ther, and there be an out-cry, let them have no protection of the Lawes. The Pa∣tria Potestas, the power of Fathers over their Children, given by the 12. Tables, was excessive; and was, in after times, moderated: Cùm â priscâ severitate descivis∣sent, secuti interpretes jus naturae, caverunt, ut liberi Parentes alant, aut vinciantur, that is; when they began to leave off their ancient severitie, the expounders of the Law following the Law of Nature; provided, that Children should maintaine their (im∣potent) parent; or else, should suffer durance for it; saith Alexander ab Alexandro, (Genial. dier. 6.10.) Faciendum id nobis, quod Parentes imperant, saith Panegyris to her sister, in Plautus his Stichus (Act. 1. Scen. 1.) We must doe that which our Parents command: Further, the children were to hold the persons of their Parents (sa∣cred) according to their latter Law, as the Tribunes were of old. The Romans were strict against Murther, and after that horrible sinne committed, they would not have the offender to be killed, till hëe were condemned publickely; for the Ante∣cedent private Revenge was held another murther: Thou shalt doe no mur∣ther.

Parricidas omnes capite puniunto, let all Parricides be beheaded or hanged. Plu∣tarch hath an odde crochet; viz. That Romulus made no Law, against such, as killed their Fathers; as thinking none would be so wicked: but you heard, even now, from Festus, of a Law, against such as did but (strike) their Parents: and M. Ma∣leolus was the first Romane condemned, for killing of his Mother, and sewed in a sacke, and cast into the Sea: and L. Hostius was so served, for killing of his father. To these dayes saith Alexander ab Alexandro (Genial. dier. 3.5.) this is the Punish∣ment of Parricides; a Cocke, an Ape, a Viper, and a Man, are altogether sewed up, in one sacke, and cast into the waters: Lege Pompeiâ, a Dogge was also sewed up with them; so Modestinus (de Parricidiis) But, it may be well observed, that Ro∣mulus esteemed omne Homicidium to be Parricidium; all murtherers are accounted Parricides; all murtherers were to dye the death. Another branch against murther is from Pandulphus Prateius (in veteri jurisprudentiâ) deprehensi in Homicidio statim puniuntor, the Murtherers must be put to a speedie death. Lex Numae de Parricidiis; si quis hominem liberum dolo sciens morti duit (aut det) parricida esto, that is, Numas law of Parricides, saith, if any one felloniously kill a free Denison, let him be ac∣counted a Paricide: A Paricide (with r) differeth from a Parricide (with rr) a Parricide is he, that killeth father or mother; a Paricide he that flayeth any man: Ius Regium was, Ne mulier, quae praegnans mortua esset, humaretur, antequam partus ei

excideretur; qui contrà faceret, spem animantis cum gravida peremisse videretur, that is, the Kings Law was, No woman that dyes great with child, shall be buried before her childe be cut out of her, he that shall presume to doe the contrary to this Law; shall be found guilty of the death, both of the Mother, and the child.

The Seventh Commandement: Thou shalt not commit Adultery. Lex Numae, Pel∣lex Innonis aram ne tangito; Numa's law, let not a strumpet presume to come neere the Altar of Iuno: Ius Regium, thus; Adulterii convictam vir, & cognati, utivolent, ne∣canto; the Kings law thus, Let the husband and Cousins of a woman convicted of Adultery, kill her, at their pleasure: Lex Julia ranked Adultery with Treason, saith Alexander ab Alexandro (Genial. dier. 4.1.) Plerique Philosophi prodidere, adul∣terium perjurio gravius esse Crimen, ibid. that is, the Philosophers, most an end, have accounted Adultery to be a more haynous sinne than perjury: Sempronius Musca C. Gallum flagellis cecidit, that is, Sempronius Musca caused C. Gallus the Adulte∣rer, to be beaten with rods: Opilius Macrinus Adulteros tàm perniciali odio prosecutus suit, ut deprehensos ignibus cremaret, ib d. that is, Opilius Macrinus prosecuted Adul∣terers with such deadly hatred, that he caused all those, that were taken in the fact, to be burnt with fire: Aulus Gellius (10.23.) citeth the Law from Cato▪ In adul∣terio uxores deprehensas, jus fuisse Maritis necare, that is, the husband might lawfully kill his wife, that was taken in Adultery: But the Romanes Lawes (as made by partiall men) favoured men too much, Cato ibid. In Adulterio uxorem tuam, si de∣prehendisses, sine judicio, impunè necares; Illa te, si Adulterares, digito non auderet con∣tingere, neque jus est, that is, If thou chance to catch thy wife in the Act of Adul∣tery thou mayst lawfully kill her, without any farther judgement; but if thou shouldst chance to play the Adulterer, she shall not dare, neither shall it be lawfull for her, so much as to touch thee with one of her fingers: This was the old Law; and the Iulian Law was also too indulgent to men in this sin: Romulus thought adul∣tery sprange from drunkenesse; therefore a Matrone, who did but open a bagge, in which were the keyes of the Wine-Cellar, was starved to death; as Fabius Pictor hath it, in his Annals; and Cato reporteth, that kinred, neighbours or friends, were wont to kisse the Women, that they might know whether the women smelled of wine, for wine enrageth lust, perhaps that pretence was a fence, cloake, or colour, for their often kissing.

The eight Commandement. Thou shalt not steale. If any stole, or cut Come by night, the man must dye; the boy be whipped, or pay double dammage: this Law was mitigated afterwards: It was Cato his complaint, Fures privatorum furtorum, in nervo, & compedibus aetatem agunt; fures publici, in auro, & purpurâ, Gell. that is, poore theeves who have committed private thefts, doe spend their dayes in ginnes and fetters, whilst publicke theeves doe swish it up, and downe in gold and Scarlet. The Decemvirall Lawes permitted the (knowne) theefe to be killed; who either stole by night, or by day, defended himselfe with a weapon, at his apprehension, Gell. (11.18.) And very strict were they to other theeves; though now, saith Gel∣lius, (ibid.) a lege illa Decemvirali discessum est, that Decemvirall Law is now antiqua∣ted, and out of date, the apparent theefe must pay fourefold, what he stole; the theevery not fully manifested, payd but double: Sabinus resolveth that the Master is to be condemned as a theefe, who onely (bids) his servant steale; Servos manifesti furti prehensos verberibus affici, ac de saxo praecipitari, Decemviri jusserunt, Aulus Gel∣lius (noct. Attic. 11.18.) that is, the Decemviri commanded notorious theeves to be scourged, and cast downe headlong from a high Rocke: Furtum, saith the same Gellius, (ibid.) sine ulla attrectatione fieri potest; sola mente, atque animo, ut furtum fiat, annitente, that is, theft may be committed vvithout taking avvay any thing; if a man doe but onely assent or consent unto the committing of theft: Incujus ope, consiliove furtum factum erit, duplici actione ••ene••ur, saith, from the old Law, Antonius Conteus a Lawyer. (Lection. subcisivarum juris Civilis, 1.14.) He that shall assist, or advise a theefe in his theevery is liable to a double action. Alexander ab Alexandro (Genial. dier. 6.10,) Furta lex Romanorum usque adeò aversata est, & tàm severacor∣rectione

plectit, ut furem manifestum in servitutem tradat illi, cui furto quid surreptum fo∣ret, this the Law of the Romanes did so deadly detest, and so severely correct, and punish theft, that it compelled the notorious thiefe, to become (his) bondslave, who had any thing stollen away from him. Theeves disturbe, Ius gentium, by turning men out of their owne possession; and are enemies to humane Society; breakers of Lawes Divine and Humane: Cicero, pro Caecinnâ, qui per tutelam pupillum fraudâsse, ejusque rem furatus esse convinceretur, infaniâ notatus duplionis poenam subiret, that is, If any Guardian shall be convicted of any cosenage, or theft committed against his ward, let him be branded for an infamous person; and let him undergoe the penal∣tie of restoring him two for one. Admirable was that their Law, Rei furtivae aeterna authorit as esto; at any time, from any man, I may challenge, and take, what was stollen from me; yea, though the possessor had lawfully, and for good consideration, bought it from the thiefe. The manner of searching after things stollen, was better, and more rationall, than any practise, we use; which as some malicious villaine hath beene found, to bring secretly into his enemies house, the thing reported to be stolne, and sought for; and himselfe to droppe it downe slily in some corner there, that others might finde it; and so the suspected one might be found guilty. Dioxip∣pus, that noble Champion, or Fencer, was little better used by the the envious Ma∣cedones, in Curtius (9. pag. 303. for, purposely they stole away a golden Cup from a Feast, and accused him to the King; Dioxippus could not abide to be held, by Alexander, or his envious enemies, as a thiefe, and killed himselfe. It was one of the worst deedes, that ever Alexander, or did, or countenanced. But the Roman Lawes, which they tooke from the Grecians, in the dayes of the Decemviri, ap∣pointed; that the searcher should make oath by the gods (the keepers of the Lawes) that he did search, in hope to finde the things feloniously stollen from him; and then, he should come naked into the house, of the party suspected, covered onely to preserve modesty; whereupon, the suspected party, or parties were to permit him, to seeke in all suspicious places of theirs, locked, or unlocked, within doores or without. The ninth Commandement, Thou shalt not beare false witnesse against thy neighbour: Qui falsum Testimonium dixisset, è Saxo Tarpeio dejiceretur, that is, if any one shall beare false witnesse against his neighbour, let him be cast downe headlong, from the Tarpeian rocke; the rocke was of an huge heigth: Dejectio è rupe, sivê â Saxo Tarpeio, per carnificem facta est, praegressâ verberatione, jussu Magi∣stratûs; this hurling, or tumbling downe from the Tarpeian rocke, or stone; was done by the Executioner, when first he had whipped the malefactor, at the command of the Magistrate; Free-men were so served, saith Appian; (De Bello civil 3.) Cicero, (lib. 4. de Republ.) Siquis actitaverit, sive carmen condiderit, quod infamiam, flagitiúmve alteri precetur, capite punitor, that is, If any one shall compose, or rehearse a Libell, which may redound to the disparagement of a mans fame, or good name, let him be beheaded, let him die the death: Metius Suffetius Albanus, pactum, atque condi∣ctum, cum Rege populi Romani perfidè rupit; & binis quadrigis vinctus in diversa ni∣tentibus Laceratus est, Gell. (20.1.) Metius Suffetius Captaine of the Albanes, did perfidiously violate his promise, and agreement which he made, with the King of the people of Rome; wherefore being tyed, by the armes and legges, to two Chari∣ots, each drawne with foure horses, that were driven two cleane contrary wayes, he was rent-asunder, for his labour: Coelius (ad Favorinum ibid.) testifieth, that the Law of casting Lyers from the Tarpeian rocke, was abolished; and if it had conti∣nued, they had had few false witnesses: acerbitas plerumque ulciscendi males••cii, bene, & cauté vivendi, disciplina est, that is, vehement, sharpe punishment of offenders teacheth people to live well;

—At tu dictis Albane maneres, Virgil Aeneid. 8.

Perhaps it might be better thus;

—At tu pactis Albane stetisses,

But Duke of Alba, you should have observed, Your owne compacts, from which you falsely swerved;

For it was Metius Suffetius, Dux Albanus, to whom he spake: Patronus si clienti fraudem fecerit, sacer esto; if the Patron falsifie the trust, which the client puts in him, he is out-lawed; the Patrones esteemed their Clients above kinred, sayth Gellius; Afterward, Lege Corneliâ, a false witnesse was confined to some Iland, and all his goods forfeited; to this Commandement may this be reduced; Qui terminum exa∣râssit, ipsus, & boves sacri sunto, He was to die, who brake the old boundaries, ma∣king false bounds; he, and his innocent Oxen, for ploughing of a lye, yea, the ab∣stainers from witnessing what they knew, were to be Intestabiles; might neither be witnesses, in any ensuing cases, nor might any witnesse for them: briefely, Polybius (lib. 6.) so great Religion did the Romanes place in an oath; that they therein exceeded, and excelled all other Nations; Polybius himselfe condemning his owne Countrimen, and administring occasion to the world, that Graeca fides might be taxed, and runne into a Proverbe. Concerning the tenth Commandement, no Lawes of man ever established it; for no Law of man could ever punish it; an in∣ward unlawfull thought unrevealed, is above mans judgement; Cogitationis poenam in foro nostro nemo luat; let no man be punished, by our Law, for thoughts onely, say the Civilians; a transient ill imagination, strangled, ere his birth, is subject only to Gods Tribunall. Heathens might, and did counsell well; but they were never able to straine so high; this is a Commandement, which subjecteth all the world to guilti∣nesse. Heaven were not so hard to be obtained but for this; Non concupisces, Thou shalt not lust, or covet. The Apostle, who knew not sinne otherwise, knew it by this Law, Rom. 7.7. In other Commandements, the (Act) in this, the (Intention) of the Act, though the purpose fayle, is forbidden: In this Commandement, the Primi∣tive, transient ebullition; the thought, though corrected presently, is condemned; yea, the very suggestion entertained (though speedily rejected) is condemnable here; not as a suggestion, not as resisted; but as entertained, and too [late] re∣sisted: of thoughts there be divers sorts; In morosâ cogitatione, there is delight; this is condemned in every law; in volatili, or volaticâ cogitatione, where there is no rest, no complacency; yet because, we permitted a noxious thought to supervolitare, it is sinfull. If any one should prudently, cautelously, and lovingly advise me to ex∣amine; whether, in every of the other Commandements, the (Intention) of break∣ing them, be not a violation? I answer, the (Intention) doth; the intention to the contrary, is a breaking of any Commandement; for Intention implyeth a con∣sent; there is the (thought) of the heart, Act. 8.22. the lodging of vaine thoughts within us, is not onely disliked, Jer. 4.14. but their very first approach, or saluta∣tion is forbid, in the tenth Commandement; and not onely the expulsion of them, is precepted, but a quelling of them, at the motus primo-primi, whether arising in∣wardly, or contorted by Satan. To be (tempted) of Satan, is no sinne; else Christ had sinned; but it is a sinne, if we take not the shield of faith, whereby we may be able to quench all the fiery darts of the wicked one, Ephes. 6.16. wee are not onely bound to resist; and that alwayes; but if we so carelesly resist, that he give us a veni; or, our soule receiveth never so little a spot; if any of his darts doe but, as it were, raze our skinne; then this imperfect resistance is a sinne, not as it is a resistance; but as it is imperfect: there is a thought, without voyce; even this is condemned, in the tenth Commandement, though it make no impression on the body, and there is a thought with a voyce, Eccles. 10.20. this is a violation, if it be evill, of (any) of the Commandements; there is morosa cogitatio mali, which nestleth in a man; and there is transvolans cogitatio; this later is condemned, by the last Commandement; there is a (thought) of evill, and there is an (Imagination of a thought, 1 Chron. 29.9. Gen. 6.5. the very (imagination) of an ill thought, breaketh the last precept: but Cogitation is onely as an abortion of the consent, or intention; and is forbid one∣ly in the tenth Commandement; In the other Commandements, is forbid inten∣tio, etsi non consequaris; in the tenth, cogitatio, etsi non sequaris; saith a great Di∣vine of our Church, and he citeth S. Augustin thus; Magnum fecit, qui non sequitur malum, sed non sic perfecit; nam cogitare probibetur; we are bound, by this Comman∣dement,

to keepe the tablet of our hearts, and soules, from being dirted or soyled though neuer so little; the very listning to Satans temptations; and the first thought of evill is sinne, and here interdicted; for God accounteth that to be voluntary, not onely what is committed, but what is intended; yea, the very cogitation, which is not hindered by the Will; when it is bound to hinder it; the thought halfe-recei∣ved, halfe rejected: the very seed, as is were, of sinne, and the first degree of enter∣tainement thereof, subjecteth a man to this Commandement, and not to the breach of others. And thus much concerning the Romane Lawes correspondence with the Lawes Divine; from whence the Aegyptians tooke them; and the Grecians from them; for Clemens Alexandrinus (Stromat. 6. pag. 457. saith well of the Grecians, that they were, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they did (steale) from all sorts of Writers, and the Romanes had most from the Grecians.