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To confute the generall claime and unlawfull title of the insatiable Spaniardes to all the West Indies, and to prove the justenes of her Majesties title and of her noble progenitours, if not to all, yet at leaste to that parte of America which is from Florida beyonde the Circle articke, wee are to sett downe in true order, accordinge to the juste observation of tyme, when the West Indyes, with the ilandes and continent of the same, were firste discouered and inhabited, and by what nation, and by whome.
If the Soveraign Power be in a great Assembly, and a number of men, part of the Assembly, without authority, consult a part, to contrive the guidance of the rest; This is a Faction, or Conspiracy unlawfull, as being a fraudulent seducing of the Assembly for their particular interest.
For the Father, and Master being before the Institution of Common-wealth, absolute Soveraigns in their own Families, they lose afterward no more of their Authority, than the Law of the Common-wealth taketh from them. Private Bodies Regular, But Unlawfull
And because in all Common-wealths, that Assembly, which is without warrant from the Civil Soveraign, is unlawful; that Church also, which is assembled in any Common-wealth, that hath forbidden them to assemble, is an unlawfull Assembly. A Christian Common-wealth, And A Church All One
The Duke hearing of this, speedilie came unto him, whom he meeting, delivered up his sword, and committed him unto his custodie. Then was he brought before the princes and lords of the empire, in whose presence the emperour charged him with diverse unlawfull doings.
From whence proceedeth another point, that it was not unlawfull for Abraham, when any of his Subjects should pretend Private Vision, or Spirit, or other Revelation from God, for the countenancing of any doctrine which Abraham should forbid, or when they followed, or adhered to any such pretender, to punish them; and consequently that it is lawfull now for the Soveraign to punish any man that shall oppose his Private Spirit against the Laws: For hee hath the same place in the Common-wealth, that Abraham had in his own Family.
Systemes Irregular, Such As Are Private Leagues Irregular Systemes, in their nature, but Leagues, or sometimes meer concourse of people, without union to any particular designe, not by obligation of one to another, but proceeding onely from a similitude of wills and inclinations, become Lawfull, or Unlawfull, according to the lawfulnesse, or unlawfulnesse of every particular mans design therein: And his designe is to be understood by the occasion.
And at this day, in this part of the world, private Duels are, and alwayes will be Honourable, though unlawfull, till such time as there shall be Honour ordained for them that refuse, and Ignominy for them that make the Challenge.
It was further provided that those who by witchcraft presumed to discover treasure or to find stolen property or to "provoke any person to unlawfull love" should suffer a year's imprisonment and four appearances in the pillory. With this law the history of the prosecution of witchcraft in England as a secular crime may well begin. The question naturally arises, What was the occasion of this law?
"Your G. asked farther if I remembered whether you might not entertayne him farther in discourse to see whether he would open or express any unlawfull practises; w^ch I thought you might for it went no farther than discourse.
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