"should be rooted out, I do by no means intend,' "that Religion fhould be taken away with it": And he adds what his Notion of Religion was, which confidering that it came from a Heathen, must be allowed for a very noble one, as would appear if it was proper for me to launch into a new Subject.

To this Noble Sentence of Tully, if it was not for fear of being too long, I might add the Opinions of Horace, Virgil, Plutarch, Pliny, Seneca, and our English Chaucer, and many others: But our later Ages that have made greater Improvements in Philofophy, are more likely to judge right than they, and therefore do not much want their Authorities in this Matter.

CHAP.

That it is a Vulgar Error to think, That the Laws of all Nations have been like

ours.

Adv. F you

think fit, we will pafs now to the next Claufe in my Lord Chief Baron Hale's Direction to the Jury at the Trial of the Two Witches at Bury. For to that which he faid concerning the Scripture Witchcrafts, he added, That the Wildom of all Nations hath provided Laws against fuch Perfons; which is an Argument of their Confidence of fuch a Crime. What have you to offer upon this Head?

Clerg. I conceive, that to make this Argument come up to any Purpose to our Cafe, it fhould have been faid, not only, that they had Laws, but that they had fuch Laws as ours. For they may have Laws that are milder, and with lefs Penalties, and against other kinds of Facts, tho' with the fame Names; and if fo, this Argument doth not reach our Cafe. And as far as I can fee, it is fo far from being true, that all Nations have always had, and have now, fuch Laws as ours, that I have some Reason to doubt, whether any Nation in the World hath, unless it be Scotland, to which I conceive we owe our Statute.

Now for the clearing this Cafe, I will lay before you fuch Accounts as I have met with in thofe Books that I have read upon the Subject: For to bring the Laws themselves from amongst the Statutes of all Nations, is what I must not pretend to.

And firft Lambertus Danaus, Chap. 6. tells us, what I believe is very true; that as long as the Nations were Idolaters, they ufed the Help of Magick and Sorcery without fcruple, and had those that were skilled in it in Honour; and that to this Day it is much in ufe amongst the barbarous Nations, both in the North and Eaft, and the Tartars, (and I may add) the Weft-Indians. He proceeds, that in all the Empire of Perfia the Study and Arts of thefe Men are in Efteem now, as it was amongst the Egyptians formerly.

When fofeph afk'd his Brethren, whether they thought fuch a Man as he could not Divine, he fpeaks not of Divination as a Fault, but a neceffary Qualification of a great Man.

In the Magick of Kirani and Carpocration, it is faid that it was a neceffary Accomplishment, re-. quired in the Kings of Perfia. And Tully in his

Books of Divination faith the fame.

Most of the ancient Philofophers, the Chaldeans, Magi, Druids, Erachmans, and Platonifts, allow'd and ufed it.

And I do not in the leaft wonder, when I meet with thefe Accounts in the ancient Hiftories: For it is the most eafy natural Thought that can be, that there are other reasonable Creatures in the World befides Men; but the fame natural Reafon could no ways guefs, that thofe Spirits were fallen from their firft Creation, or that they were Enemies to Mankind. Their firft Thought would rather be, that all reasonable Creatures, tho' invifible would be of a Friendly Mind, and affifting to all with whom they had Communication, and either fay nothing, or tell Truth to thofe that enquired of them. This the firft Men would naturally hope; and, without Revelation, nothing but Experience of the Vanity and Mischief of fuch Converfe could teach them, that either there was nothing but the Chance

of

of Things that feemed to answer their Tryals, or elfe that thofe Spirits that dealt with them, were deceitful and malicious Beings, that took a wicked Pleafure in their Delufion and Deftruction.

But to come to the Laws concerning Men's Dealings with them, whether real or pretended.

The Laws in the holy Scripture are the firft, that we know of; and it muft ever be accounted to the Honour of reveal'd Religion, that it was the firft in forbidding fuch pretended and very dangerous Communications.

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1111

The next that I meet with, and which is often quoted to prove the real Power of Magick, are those of the Twelve Tables. Qui Fruges excantaffet neve alienam Segetem pellexeris. i. e. "That they should not bewitch the Fruits of the Earth; nor ufe any "Charms to draw their Neighbours Corn into their "own Fields. But as this was a Roman Law, and receiv'd, when they were an unlearn'd, and ignorant, and little People; I muft add to it the Interpretation that the Romans themselves in after-Ages gave to it; which I find printed with thofe Laws in Fuftinian's Inflitutes. Rudis adhuc Antiquitas credebat, & attrahi imbres Cantibus, & repelli, quorum nihil poffe fieri, tam palam eft, ut hujus Caufa, nullius Philofophi Schola introeunda fit; that is, Our ignorant Ancestors thought, that they could caufe "Showers with Charms, but we need go to the "School of no Philofopher to teach us otherwife. ---Thefe Words are Seneca's, and the Judgment of the great Lawyer Ulpian is added to the fame Purpofe.

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About a hundred and fifty Years after that, the Lex Cornelia, another Roman Law, was made, and is ufually quoted as a Law againft Sorcery. And it was indeed against Poifoning, & mala Sacrificia, and was made when 170 Roman Women of the "better Quality, were condemned for real poifoning

thofe

thofe that they had a Mind to remove. See Livy Dec. I. 1. 8.

The next Law, that I know of, was made by Conftantine the firft Chriftian Emperor. His Law requir'd, That they fhould be punish'd if they us'd Charms to do hurt; but it fhould be lawful to use them for restoring Health, or preferving the Fruits of the Earth. In Cod. Juftiniano, Lib 9. tit. 18.1.4. Eorum eft Scientia punienda, & feveriffimis meritò legibus vindicanda, qui Magicis accinti artibus, aut contra falutem Hominum moliti, aut pudicos animos ad libidinem deflexiffe deteguntur. Nullis vero criminationibus implicanda funt Remedia humanis quefita corporibus, aut in agreftibus locis innocenter adhibita Suffragia ne mas turis Vindemiis metuerentur imbres, aut ventis, grandinifque lapidatione quaterentur, quibus non cujufquam falus aut estimatio laderetur, fed quorum proficerent actus, ne divina munera & labores hominum fternerentur. Datum 10. Calend. Fun. Aquileia, Crifpo & Conftantino Coff. That is, "Their Skill is to be condemn

ed and very defervedly punifh'd in the fevereft "Manner, who being furnished with Knowledge of "the Magic Arts, fhall be difcovered to have acted

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any Thing, either for the impairing of Man's "Health, or drawing chaft Minds to unlawful Love.

But no vexatious Actions are to be brought againft "Remedies that are fought for the Bodies of Men; "or against Charms that are innocently us'd in Countrey Places, for fear left Storms, or Winds, or "Hail fhould hurt the forward Vineyards; or against

any Thing whereby no Man's Health or Credit was "loft, but the Gifts of God and Works of Men were "preferved from Damage. Dated at Aquileia the 10th of the Kalends of June, Crifpus and Conftantine being Confuls.

About a Hundred Years after that, the Emperor Leo the Firft abrogated this Law of Conftantine's, and forbad all ufe of them: Totumque hoc Sortiariorum minifte

M