THE IDEA OF THE LAW CHARACTERED From Moses to King Charles. Whereunto is added The IDEA of GOVERNMENT AND TYRANNY. By John Heydon Gent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. (i. e.) The whole Law is like to a Living Creature, whose body is the literal sense, but the Soul the more inward and hidden meaning covered under the sense of the letter. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Soli Deo Laus & Potentia. London, Printed for the Author, and are to be sold in St. Dunstans-Church-yard in Fleet-shreet, 1660. Vera et viva Effigies Johunis Heydon Equitis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nat: 1629: Die. 4 Sept: 10: P. M. Gaudet patientia duris. T. Cross Sculpsit To the Right Worshipful, RALPH GARDENER Esquire, Justice of the Peace, and Counsellor of Estate to the supreme Authority of England; John Heydon wisheth External, Internal and Eternal Happiness. Much Honoured, etc. MY blushing disabilities have presumed to salute you, unprovided of any other Ornament then sincere Loyalty devoted to you: in this condition, I can say nothing of you, but what all men know, such is the greatness of year Renowned Fame; such is the greatness of your virtues and splendour of Learning, and frequent making of Acts, and giving of Laws with solid Prudence, and Elegant readiness of Speaking and Writing; Knowledge of many things, Constant in Religion; Assisting the Poor in their Just Causes; and delivering the Imprisoned out of the hands of bloodthirsty Creditors: And these are the Commendable conditions with which you are endowed beyond the common custom of others: I say nothing of those Ancient Monuments of your eminent Nobility, the Treasure of your Riches both old and new, the Largeness of your Spirit in Arms, with the Excellency whereof you excel, together with the comely form and strength of the body: Though all these be very great, yet I esteem you far greater than all these, for those your Heroic and superillustrious virtues, by which you truly have caused, that by how much the more any one is Learned and loves virtue, so much the more he may desire to insinuate himself into your favour; whence I also am resolved that your favour shall be obtained by me; but after the manner of the People of Italy (i e.) not without a Present: which custom of saluting Princes, and men of honour is indeed derived from Plato, Aristotle, and the Ancient Greecists unto these very times, and still we see it observed. And when I hear of certain Learned men to furnish you with fair and great presents of their Learning, lest I only should be a Neglector of your Worship, I durst not apply myself with empty hands to your greatness. Now being thought full, amongst the secrets of Nature, which I have laid up choicely and closely in my study with my other Curiosities, Behold, The Idea of the Law presently offered itself, as I attempted to Character it when I followed the Practice of an Attorney in the Upper-Bench at Westminster, etc. And now the Revolutions of Troublesome Tyrants, and my own Misfortunes being almost past, I presently made haste, as it were to pay my vows, to present it to your Worship to complete; Truly I was persuaded that I could give nothing more acceptable to you, than a Method of this Nature, which none have, I dare say, hitherto attempted to restore: Yet it is not writ to you, because it is worthy of you; but that it might make a way open for me to gain your favour. I beseech you if it may be, let it be excused by you: I shall be devoutly yours, If this part of Law shall by the Authority of your greatness come into Knowledge, envy being chased away, by the power of your Worthiness; there remain the memory of it to me, as the Fruit of a good Conscience; And so you shall know, that I shall all my Life be, Your most Affectionate Friend and Servant, John Heydon. April 27. 1660. To the Truly Noble by all Titles, WILLIAM WILD Esquire; Sarjeant of Law, Recorder of London, and one of the Members of Parliament; All Happiness be wished. Serene, etc. COncerning the Choice of the Subject matter of my present Pains, It is the first of this race that ever was dedicated to any person, and had I not thought it the best, It should have been taught a less ambition, then to choose such a Princely Patron: I shall say no more, then that the sole inducement thereto, was his singular learning in the Law and Gospel; the former of which is so conspicuous to the world, that it is universally acknowledged of all; and for the latter, there is none that can be ignorant thereof, who hath ever had the happiness, though but in a small measure of his own free and intimate Converse. As for my own part, I cannot but publicly profess, I never read of any more wise and virtuous, and so truly and becomingly Religious, and where the right Knowledge of the Laws of God given to man, bears the enlightened mind so even, that it is as far from doing any wrong, as Justice itself: And my present labours cannot find better welcome, or more judicious acceptance with any, then with such as these; for such free and unprejudiced spirits, will neither antiquate Truth for the oldness of the Notion, nor slight her for looking so young, or bearing the face of Novelty: He alone, above other men of honour, hath made goodness his Friend, as well as greatness his Companion; Besides there are none that can be better assured of the sincerity and efficacy of my present design, which is appointed to run through the midst of the Laws of God and men; for as many as are not mere sons of the Letter, know very well, how much the more inward and mysterious meaning of the Idea of the Law makes for the reverence of the holy Scripture. Wherefore my design being so pious as it proves, I could do nothing more fit then to make choice of so true a lover of the piety of the Law, as yourself, for a Patron of my present labours; especially, you being so well able to do the most proper office of a Patron; to defend the Idea of the Laws and Statutes of England, that is here presented to you, and to make up out of your rich treasury of Learning, what my penury could not reach to, or inadvertency may have omitted: And truly if I may not hope this from you, I know not whence to expect it: for I do not know where to meet with any so universally and fully accomplished in the Law and Gospel, and indeed in all parts of the choicest kind of Learning; any one of which acquisitions is enough to fill, if not swell, an ordinary man with great conceit and pride, when as it is your sole privilege to have them all, and yet not to take upon you, nor to be any thing more Imperious or Censorious of others, than they ought to be who know the least: These were the true considerations that direct me in the Dedication of this little treatise of the Law, which if you accordingly please to take into your favourable Patronage, and accept as a Monument or Remembrance of good will, You will oblige, Your most Affectionate Friend and Servant, John Heydon. April 27. 1660. TO THE MOST EXCELLENTLY ACCOMPLISHED THE HONOURABLE, NOBLE, LEARNED AND MOST HIGHLY OBLIGING OF ALL GENEROUS SPIRITS, PHILIP GREEN of Staple-Inne, Esq JOHN HEYDON, In testimony of the Honour he bears to him, humbly presenteth the Idea of the Law, or A Monarchical Form of Government. Fitted to the Genius of England, Scotland, and Ireland; and useful for the Practitioners of all Courts, viz. Chancery, King's Bench, Common Pleas, etc. and all Courts of Equity, or of Penalty. The Preface to the Reader. THe Idea of the Law, is my present design; And first, I shall endeavour to follow the Method of God. Man, if you look on his Material Parts, was taken out of the great World, as woman was taken out of man: You read in Genesis, that God made him out of the Earth; This is a great mystery, and you may find it in my book called, The Temple of Wisdom. Now I refer you therefore thither, to avoid Repetitions; but now let me tell you in a word; it was not the common Pot-clay, but another thing, and that of a far better Nature; He that knows this, knows the Subject of the Rosy Crucian Medicine, to procure long Life, Health, Youth, Riches, Wisdom and Virtue; how to alter, change and amend the state of the body; as you may read in my three first Books which Elias Ashmole Esquire, made public, imperfect and rudely Deficient, calling it, The way to bliss: In my true Copy of which, there are four Books, all wearing the same Title, except the last, which is called, The Rosy Crucian infallible Axiomata; there you shall find what destroys or preserves the Temperament of Man. I will in this Preface Digress, but not much from the purpose; because I will show you the Nature of man, how he fell, and wherefore Laws were given, etc. Now in my Vacation I studied Man; and in him I found three principles homogenial with his life, such as can restore his decays, and reduce his disorders to a Harmony. They that are ignorant in this point, are not Competent Judges of Life and Death; but Quacks, and such as daub their follies and abominable deceits, and horrid cheats upon every wall, post and pissing place, etc. The Learned Viridiamus calls this matter Multiplices Terrae particula singularis; if these words be well examined, you may possibly find it out: And so much for the Body; let me speak a word of his Soul, which is an Essence not to be found in the Texture of the great World; and therefore merely Divine and Supernatural. Tebelenus calls it Divini spiritus aura, & vitae Divinae Halitus; He seems also to make the Creation of Man, a little Incarnation; as if God in this work had multiplied himself: Adam (saith he) received his soul, Ex admiranda singularique Dei Inspiratione, & ut sic loqui sit fas fructificatione. St. Luke also tells you the same thing; for he makes Adam the Son of God; not in respect of the exterior Act of Creation, but by way of Descent: And this St. Paul confirms in the words of Aratus; for we also are his Generation. The soul of man consists chief of two Portions; Ruach and Mephes; Inferior and Superior; The Superior is Masculine and Eternal; The Inferior Feminine and Mortal. In these two consists our Spiritual Generation. Ut aute● in caeteris animantibus, atque etiam in ipso homine Maris ac faminae conjunctio fructum propagationemque spectabat Naturae singulorum dignam; ita in homine ipso ille Maris ac faemenine interior, arcanaque societas, hoc est animi atque animae Copulatio ad fructum vitae Divinae Idontum producendum comparabitur, atque huc illa arcana benedictio, & faecunditas concessa huc illa declarata facultas & monitio spectat, Crescite, & multiplicamini & replete Terram, & subjicite illam, & Dominamini. Out of this you may learn, The Law of Marriage; That is, a Comment on life; a meet Hieroglyphic or outward representation of our inward vital Composition: for Life is nothing else but an union of Male and Female Principles: And he that knows this secret, knows the Mysterious Law of Marriage, both Spiritual and Natural; and how he ought to use a wife. Matrimony is no ordinary trivial business, but in a moderate sense Sacramental: It is a visible sign of our invisible union to Christ; which St. Paul calls a great Mystery; and if the thing signified be so reverend, the signature is no ex tempore, contemptible Agent. When God had thus finished his last and most excellent Creature, he appointed his residence in Eden, made him his Viceroy; and gave him a Law with full jurisdiction over all his works; that as the whole man consisted of body and spirit, so the Inferior Earthly Creatures might be subject to the one, and the Superior intellectual Essences might minister to the other. But this Royalty continued not long; for presently upon his preferment, there was a faction in the Heavenly Court, and the Angels scorning to attend this piece of clay, contrived how to get a Habeas Corpus for to remove him: The first in this Plot was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and he got a Lattatat of Azazell, and a warrant from Hilel, and so goes about to nullify, reverse and violate, that which God had enacted; that so at once, like an Inferior Bailiff, and his Dog, as they call him, he might over reach him and his Creature: This Policy he imparts to Egin, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Mahazael, Paymon, Azael, and some others of the Hierarchy I will not name here; and strenghens himself with Conspirators: But there is no counsel against God; the Mischief is no sooner contrived, but he and his Confederates are expelled from light to darkness: and thus Rebellion is as the sin of Witchcraft. A Witch is a Rebel in Physics, and a Rebel is a Witch in Politics: the one Acts against Nature, the other against Order, the Rule of it; but both are in league with the Devil, as the first father of Discord and Sorcery. Satan being thus ejected, as the condition of Reprobates is, became more hardened in his Resolutions, and to bring his Malice about, arrives by permission at Eden. Here this old Serpent, cunningly assaulted or arrested Adam with such warrantable conference, as would surely make him believe all was well; and so pleased his feminine part, which was now so invigorated with life, that the best news to her, would be tidings of a warrant to do any thing: Wherefore the Serpent deceitfully said to the faeminized Adam; why are you so demure, and what makes you so bound up in spirit; Is it so indeed, that God has confined you to obey his Law, taken away your Liberty, and forbidden you all things that you may take pleasure in? And Adam answered, saying; No, we are not forbidden any thing that the Divine life in us approves as good and pleasant. We are only forbidden to feed on our own will, and to seek pleasures apart and without the warrant of the will of God: for if our own will get head in us, we shall be Arrested, and assuredly be carried into the prison of Mortality, and there lie in the state of death. But 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Dog, said unto Adam; Tush, this is but a Panic fear in you Adam; I warrant you, you shall not so surely die as you conceit; be ruled by me. The only matter is this: God indeed loves to keep his Creatures under a Law; holding them in from ranging too far, and reaching too high; but he knows very well, that if you break his Law, and but take your liberty with us; and satiate yourselves freely with with your own will; your eyes will be wonderfully opened, and you shall meet with a world of variety of Precedents and experiments in things; so that you will grow abundantly wise, and like Gods, know all things whatsoever, both good and evil. Now the feminine part in Adam, was so tickled with this deceiver, that the Concupiscible began to be so immoderate, as to resolve to do any thing that may promote pleasure and experience in things, and carried away by this warrant Adam's will and reason, by his heedlessness and inadvertency: So that Adam was wholly resolved to obey the power of this Writ, signed with a counterfeit mark according the various toyings and titillations of the lascivious life of the whitle: no longer calling for God or taking any Assistance of the Divine Genius. And when he had tired himself with a rabble of toys, and unfruitful and unsatisfactory devices, rising from the devil, and the multifarious working of the Particles of his Vehicle, at last the eyes of his faculties were opened, and they perceived they were now naked; he having as yet neither the covering of the Heavenly nature, nor the Terrest● body; only they sewed Fig-leaves tog●her, and made some pretences of excuse from the vigour of the Plantal life, that now in a thinner manner might manifest itself in Adam, and predispose him for a more perfect exercise of his Plastic Power, when the prepared matter of the Earth shall drink him in. In the mean time the voice of God, or the Divine Wisdom spoke for them in the cool of the day, when the writ was served, and Adam's word taken for appearance; yet he knew no Attorney now to give a plea to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Declaration; but was grown so out of order, and so much afraid to plead his own cause being guilty, and now estranged from the life of God, so much that they durst not come before God, but hid themselves from him. But the Divine light in the Conscience of Adam, pursued him and upbraided unto him the case he was in: And Adam acknowledged within himself how naked he was; having no Power, nor Ornaments, nor Abilities of his own, and yet that he had left his obedience and dependence upon God, and submitted to the false feigned Latitat of that cursed Bailiff and deceiver 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, wherefore he was ashamed and hid himself, at the approach of the Divine light manifesting itself unto him to the reprehension and rebuke of him. And the Divine Judge charged all this Misery and confusion, that had thus overtaken him, upon the following the Luscious dictates of his will. But Adam again excu'sd himself within himself; that it was the vigour and impetuosity of that life in the vehicle, which God himself implanted in it; whereby he miscarried the woman that God had given him. And the Divine Judge spoke in Adam concerning woman, What work hath she made here but the woman in Adam excused herself; for she was beguiled by that grand deceiver Valifer the Bailiff as Irictericus calls him: In this confusion of mind was Adam by forsaking the Divine Judge, and letting his own will get head against it; for it so changed the Nature of his vehicle, that (whereas he might have continued in an Angelical and Aethereal condition, and his feminine part been brought into perfect obedience to the Divine light, and had joys multiplied upon the whole man, beyond all Expression and Imagination forever) he now sunk more and more, and by habeas corpus is carried towards a Mortal and Terrestrial Estate; himself not being unsensible thereof, as you shall hear when I have told you the Judgement of the Eternal God, concerning the Serpent and him. Things therefore have been carried on in this wise; the Eternal Lord God decreed thus with himself concerning the Serpent and Adam: That this old Serpent, the Prince of the rebellious Angels, should be more accursed then all the rest: and (whereas he Lorded it aloft, in the higher parts of the Air; and could glide in the very Ethereal Region, amongst the innocent and unfaln Souls of men, and the good Genii before) that he should now sweep the dust with his belly, being cast lower towards the surface of the Earth. And that there should be a general enmity betwixt this old Serpent, as also all of his fellow Rebels, and betwixt mankind; and that in progress of time, the ever faithful and obedient soul of the Messiah should take a body, and should trample over the power of the devel, very notoriously here upon Earth: and after his death, should give Rule and Supersede all mankind; being now constituted the Supreme and Principal Attorney, Counsellor and Prince of all the Angelical orders what ever in Heaven: And concerning Adam, the Eternal Lord God decreed that he should indeed be removed down to the Earth, and that he should not there indulge to himself the pleasures of the body, without the Concomitants of Pain and Sorrow; and that his Feminine part, his Affections, should be under the chastisement of the Law of his Reason. That he should have a wearisome and toilsome Labour an Travel in this World; the Earth bringing forth thorns and thistles, though he must subsist by the corn of the field; wherefore in the sweat of his brows, he should eat his bread, till he retured unto the ground, of which his terrestrial body is made. This was the Counsel of God concerning Adam and the Serpent. Now as I was telling you, Adam though he was sinking apace into th●se lower functions of life, yet his mind was not grown so fully stupid, but he had the knowledge of his own condition, and added to all his former Apologies, that the Feminine part in him though it had seduced him, yet there was some use of this Miscarriage; For the Earth would hence be inhabited by intellectual Animals; wherefore he called the life of his vehicle Eve; because she is indeed the Mother of the generations of men that live upon the Earth. And at last the Plastic power being fully awakened, Adam's soul was cast into the Prison of the prepared matter of the Earth; and in due process of time, Adam appeared clothed in the skin of Beasts; That is, he became a down right Terrestrial Animal, and a mortal creature upon Earth. For the eternal God had so decreed; and his Wisdom, Mercy and Justice did, but if I may so speak, play and sport together in the business; and the rather because Adam had but precipitated himself into that condition, which in due time might have fallen to his share by course; for it is fitting there should be some such head among the living creatures of the Earth as a terrestrial Adam; but to live always here, were his disavantage. Wherefore when God by Habeas Corpus, removed him from the higher condition, he made sure he should not be immortal; nor is he in any capacity of reaching unto the Tree of Life, without passing thorough his fiery Vehicle, and becoming a pure defaecate Ethereal Spirit: then he may be admitted to taste the fruit of the tree of Life and Immortality, and so live for ever. But some may reply, that God made all things very good, as it appears in his review of the Creatures on the sixth day, how could it be a sin in Adam, to eat that which in itself was good? Verily, the sin was not grounded in the nature of that which he did eat, but it was the infringement of the Commandment, in as much as he was forbidden to eat it. And this is that which St. Paul tells us, that he had not known sin, had it not been for the Law; And again in another place, the strength of sin is the Law: but presently upon the disobedience of the first man and his transgression of the Commandment, the Creature was made subject to vanity: for the curse as you heard followed, and the impure seeds were joined with the pure, and they reign to this hour in our bodies. Now Christ hath nonsuited the Devil, and taken Judgement and Execution against him, and set man at liberty; his soul being now satisfied with nothing but God, from whom at first she was removed; in the body, she is in dirt and mire; out of the body in a trice she is above the Moon. Celsior exurgit pluviis, auditque ruentes Sub pedibus Nimbos, & coeca Tonitrua calcat. But this is nothing, if she were once out of the body, she could Act all that which she imagined in a moment; in this state she can movere humores majores animales, make general commotions in the two Spheres of Air and Water, and alter the complexions of times; span Kingdoms in a thought, and fly up to Paradise in a moment. Euterpe. O Sweet Jesus, it is thy voice, If I Be lifted up, I'll draw all to the Sky; Yet I am here, I am stifled in this clay, Shut up from thee, and the fresh E●st of day. I know thy hand's not short, but I'm unfit, A foul unclean thing to take hold of it; I am all dirt, nor can I hope to please, Unless in Mercy thou lovest a disease. Diseases may be cured, but who'll reprieve Him that is dead? tell me my God I live; 'Tis true I live, But I so sleep withal; I cannot move, scarce hear when thou dost call. Sins Lullabies charm me when I would come; But draw me after thee and I will run: Thou knowest I'm sick, let me not feasted be, But keep a Diet and prescribed by thee; Should I carve for myself, I should exceed To Surfeits soon, and by self murders bleed. I ask for stones and scorpions, but still crossed, And all for love; shouldst thou grant, I were lost. Dear Lord deny me still, and never sign ●y will, but when that will agrees with thine: And when this conflict's past, and I appear To answer what a patiented I was here, How did I weep, when thou didst woe, repine At my best sweets, and in a childish whine Refuse thy proffered Love! yet cry and call For ratles of my own to play withal; Look on thy cross, and let thy blood come in; When mine shall blush as guilty of my sin. Then shall I live being rescued, in my fall A text of mercy to thy Creatures all; Who having seen the worst of sins in me, Must needs confess, the best of love's in thee: Now hath the Night spent her black stage, and all Her beauteous twinkling flames grow sick & pale, Her Scene of shades and silence fled, and day Dressed the young East in Roses, where each ray Falling on fables, made the Sun and Night Kiss in a chequer of mixed clouds and light. 'Twas my thoughts as I walked from Clifford's Inn Garden to the Temple, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Rid of this body, and the Aether free I reach, henceforth Immortal I shall be, etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. (behold Elim. 'Tis day O Crystial Thames, now the sad night Resigns her place as Tenant to the light: See the amazed mists begin to fly, And the victorious Sun hath got the sky! How shall I recompense thy streams that keep Me and my soul awaked when others sleep! I watch my stars, I move on with the skies, And weary all the Planets with my eyes. Shall I seek thy forgotten birth and see What days are spent since thy Nativity; Didst run with Kison? canst thou tell So many years are holy Hiddikel? Thou are not paid in this, I'll levy more, Such harmless contributions from thy store, And dress my soul by thee as thou dost pass, As I would do my body by my glass. When a clear running Crystal here I find, Sure I will strive to gain as clear a mind, And have my spirits freed from dross and light, That no base puddle may allay their flight. How I admire thy humble banks! naughts here But the same simple vesture all the year. I'll learn Simplicity of thee, and when I walk the streets, I will not storm at men, Nor look as if I had a mind to cry, It is my valiant cloth of Gold; and I, Let me not live but I'm amazed to see What a clear Type thou art of Piety; Why thy floods enrich those shores that sin Against thy liberty, and keep thee in; Thy waves nurse this proud City, which enslaves And captivates thy free and spacious waves. Most blessed Tutor, I will learn of those, To show my charity unto my foes; And strive to do some good unto the Poor, As thy streams do unto the barren shore; All this fair Thames, yes and more I am for many virtues on thy score; Trust me thy waters yet; why wilt thou so? Let me but drink again and I will go: I see thy course anticipates my Plea, I'll hast to God as thou dost to the Sea; And my eyes in waters drown their beams, The pious Imitation of thy streams. May every holy, happy, hearty Tear Help me to run to heaven as thou dost there. Donec longa dies perfecto Temporis orbe Concrelam exemit labem, purumque reliquit Aethereum sensum, atque aurai simplicis ignem. (i. e.) Till that long day at last be come about That wasteth both all ●th and foul desire, And leaves the Soul Aethereal throughout, Ba●hing her senses in pure liquid fire. To come into the flesh amongst the natural sons of Adam, those men who were best of repute for their Wisdom, Learning, Sincerity and of greatest Experience, might set up Laws in any City or Nation. Thus you see when Laws were first given, Moses in a strange age was made Ruler and Captain among the Hebrews; his Laws you shall find in the following discourse. Afterwards amongst the Hebrews, their Lawgivers were called Zephiriaus; after them Zaleucus, in Imitation of the Spartans' and Cretians, was thought to have received ancient Laws from Minos, who gave severe Laws, and found out suitable punishment; he left rules whereby men might try their Actions; so that many afterwards were frighted into good manners: For before Laws were not written, but the sentence and state lay in the Judge's breast; afterwards the Athenians received Laws from Draco and Solon; upon which they proceeded in all Courts of Judicature, from whom the Romans who lived after the building of the City, 300 years, had the Laws of the 12 Tables published by the Decemviri; and those in process of time, being enlarged by Romans, and the Caesars, became our civil Law until King Charles, who lately made Christian Laws, both good, and wholesome, for his happy Kingdoms, that then flourished in Arms and Learning, during his Reign, etc. Other Nations also had their respective Lawgivers, as Egypt had Priests and Isis, who were taught by Mercury and Vulcan: These were Golden Laws, and such as owed their Birth to Philosophers; Babylon had the Chaldeans, Persia had Magicians (i. e.) Wisemen, India had brahmin's; Ethiopia had the Gymnosophists, amongst the Bactrians was Zamolsis, amongst the Corinthians was Fido, amongst the Milesians was Hippodamus; amongst the Carthaginians was Coranda, amongst the Britain's were the Druids, amongst the Rosie-Crucians was Eugenius Theodidactus my good friend; and his Laws to the Fraternity of the Rosy Cross are these; 1. That every one of them who shall Travel, must profess Medicine and cure gratis. 2. That none of them notwithstanding their being of the fraternity, shall be enjoined one habit; but may suit themselves to the mode of those Countries in which they reside. 3. That every Brother of the Fraternity, shall upon the day C make his appearance in the place of the Holy Genius, or else signify by Letters the cause of his absence. 4. That every Brother shall choose a fit person, to be his successor after his decease. 5. That the word R. C. shall be their Seal, Character or Cognisance. 6. That this Fraternity shall be concealed seven years, until King Charles the second shall make void the Laws and Statutes of the Tyrant Oliver Cromwell and his brethren; after three years' Mercy and Truth will meet together, Righteousness and Peace will kiss each other. 7. And they are Solemnly sworn each to other, to keep and observe these Conditions and Articles; in all which I find nothing either Prejudicial to themselves, or Hurtful and Injurious to others; but that they have an excellent scope and intention, which is the glory of God, and the good of their Neighbour. To this Fraternity, you shall go in a certain Night when your Genius will appear to you like a beam of light; the place will be very delightful with Music, and pleasant with sweet smells of fresh Roses, Gillyflowers and Perfumes; prepare yourself by prayer; for Immediately you will see a Boy, and a Lady, or a white Hart, or a Lamb: Whatsoever you see of these, be not afraid, but follow your guid●; it is necessary then that you Arm yourself with Heroic Courage, lest you fear those things that will happen, and so fall back; you need no sword, nor any other bodily weapon, only call upon God; for a good and holy man can offer up no greater, nor more acceptable Sacrifice to God, than the oblation of himself, his Soul. And these good Genii appear to me, to be as the benign eyes of God, running to fro in the world with Love, and Pity, beholding the innocent endeavous of honest single-hearted Men, and ever ready to do them good. They appear in many Forms. Now when one of these hath brought you to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, many Miracles will appear; but be resolute and follow your Genius, and when you are among the Rosy Crucians, you shall see the Day Star arise, and the dawning will appear, and they will give you great Treasures, Medicines, Tinctures and Telesmes; when being used as the the Genius shall teach you, these will make you young when you are old, prolong Life, preserve your health and make you Rich, Wise and virtuous, and finally alter, amend and change the temper of the body, and you shall perceive no disease in any part of your bodies. I have seen one of these Genii like a young Scholar or Philosopher resolve Claudius Malbrank Esq. 1. When old Oliver Cromwell would Die. 2. When his son Richard would lose his Honour. 3. When the Parliament would be Dissolved. 4. When Lambert would lose his Power. 5. When the Committee of Safety and the City would fall out. 6. When that Committee would come to Nothing. 7. When the Parliament would be Dissolved, that should pull down the Gates of the City. 8. When another Parliament and their General should fall out with London, and when the Parliament and he will not agree. 9 When London and King Charles will kindly embrace each other. 10. When the City of London will Crown him King of England, Scotland and Ireland, and prevent the intended war of France and Spain against us. 11. When the King of Sweeds would lose his Power, Life or Country. 12. And when the King of Denmark will be Victorious over his Enemies. When good to make golden Telesmes consecrated against the incursions of Enemies; such a one was the Trojan Palladium, no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Galahad, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or as Anthusius quoteth the Place to Verulanus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Telesmatically consecrated under a good Horoscope by Asius the Philosopher, and presented to the founder Trumpoigniflus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i. e.) as a Statue enabled by Art to preserve the City, wherein it should be laid up in a victorious and impregnable State, etc. When good to go to Law, when good to marry; and finally it resolveth all manner of questions; but if any happen to converse with Angels, and be acquainted with Rosy Crucians that daily send these Genii abroad in the world, let him not Arrogate any thing to himself, because of his present Power, but be contented with that which his Genius shall say unto him; praise God perpetually for this familiar Spirit; and have a special care that it is not used for any worldly pride, but employ it in such works which are contrary to the world, use it rightly, and enjoy it as he that hath it not; live a temperate life, and beware of all sin, otherwise my friend you Genius will forsake you, and you shall be deprived of happiness; for know this of a truth, whosoever abuseth this Genius and lives not exemplarily, purely and devoutly before men, he shall lose this benefit, and scarce any hope will there be left ever to recover it afterwards. These Genii teach and give Laws to the Servants of God, for to deliver to the people. These Genii command us to forgive our Enemies, and regard not any that speak evil against us: for what hath a good man to do with the dull approbation of the vulgar? Fame like a River, bears up all light things and swollen, but drowns things weighty and solid: I see the lowest virtues draw praise from the common people; the middle virtues work in them Astonishment; but of the highest virtues they have no sense or perceivance at all. Regard not therefore vain praises, for praise proceeds more out of bravery, than out of merit and happiness; rather to vain and windy Persons, then to persons substantial and solid. My Genius hath had some contest with me in the disposal of The Idea of the Law, the subject being cross to the deceit of the times, which is both malicious, corrupt and spleenatick; it was my desire to keep it within doors, but the relation it bears to my former discourses and my practice, hath forced it to the Press; it is the last glass of my thoughts, and their first reflex being not complete, I have added this to perfect their Image and symmetry, hoping it will be profitable. The Genius of the Law of England and of the City of London, is naturally the same that King Charles hath, who is called King of Scots; and there is no Government that will be established with good and wholesome Laws, but Monarchy; who can incorporate Fire and Water? The people will not be happy without the King And it is esteemed more Honour, Excellency and Majesty amongst the Legitimate Nobility and Gentry of the world, for a General to restore or make a King, then to be a King, etc. My humble and hearty desire is, that the Laws of England, the Privileges of Parliament, the Liberty of the Subject, and the property of all things, may be asserted according to the first Declarations of the King and Parliament, in the beginning of the unfortunate Warr. That the true Protestant Religion in the best sense of the Church of England may be professed and defended, all Heresies, Sects and Schisms discountenanced and suppressed, a lawful succession of godly and able Ministers continued and encouraged, and the two Universities, Oxford and Cambridge, and all Colleges in both of them may be preserved and countenanced: And this is for the prosperity of the Nation. I have now done, Gentlemen, but how much to my own prejudice I cannot tell; I hope I have offended no man, yet I am confident this shall not pass without noise; but if I have erred in any thing, (and yet I have followed the best precedents of Lawyers in the World) I expose it not to the mercy of man, but of God, who as he is most able, so also he is most willing to forgive in the day of our account. And if any more zealous Pretenders to Prudence, Policy and Piety, shall oppose the Idea of the Law, I shall expect from them these following performances: 1. A plain positive Exposition of all the passages in this Book, without any injury to the sense of their Author; for if they interpret them otherwise then they ought, they but create Errors of their own, and then overthrow them. 2. To prove their Familiarity with the Genius of the Idea of the Law, and Knowledge in these Divine and Natural Statutes; let them give the Reader a punctual discovery of all the secrets thereof. If this be more than they can do, it is argument enough that they know not what they oppose; and if they do not know, how can they Judge? or if they judge, where is their Evidence to Condemn? 3. Let them not mangle and discompose my Book with a scatter of observations, but proceed Methodically to the censure of Appologue, Book, and the account at the end, expounding what is obscure, and discovering the very intents of my Book, in promoting the practice of good Laws, for the benefit of my Country; that the reader may find (if I writ for any other end then to disabuse the Nation) my positions to be false, not only in their Theory, but if he will assay it, by his own particular experience. I entreat all Ingenuous Gentlemen, that they will not slight my Endeavours because of my years, which are but few; it is the custom of most men, to measure knowledge by the Beard; but look rather on the Soul, an Essence of that Nature quae ad perfectionem suam curricula temporis non desiderat: and that they would not conclude any thing rashly against me. Thus have I Published that knowledge which God gave me, Ad fructum bonae Conscientiae; I have not bushelled my Light, nor buried my Talon in the ground. I will now whilst the poor Communality are Plaintiffs, and Exrcise-men Defendants, humbly move for the Plaintiffs, and put up my Idea of the Law to the Judge, and so let the Attorney and his Counsel on the other side, show cause why we may not have judgement against them; the Devil being Nonsuited, and my Council hath put all his enemies under his feet, Sentence being given, I humbly pray the Execution may be served upon the last Enemy; that my Counsellor, Judge, Prince and King, may deliver up the Kingdom to his Father: For now is nothing covered that shall not be revealed, and hide that shall not be known. From my House in the East-side Spittle Fields, next door to the Red Lion without Bishopsgate, near London. April. 27. 1660. JOHN HEYDON. In Honorem viri verè eruditi Domini Johannis Heydon generosi in operam suam elaboratissimam, Legis Ideam. Praeteritum tempus scribis, scribisque futurum; Illustras radiis tempus utrumque tuis; Praeteritum praesens red does, praesensque futurum, Nulla tuis oculis non patefacta latent. Si tibi praeteritum praesens, notumque futurum, Inter coelicolas tu quoque caelicola. The past and future time, thy pregnant qui● Illustrate 'bove the reach of humane skill; Future and past both present are with thee, There's nothing hid from thy perspicacy; The present Future, past to him's all one, Who in the heavens hath his Station. Thomas Revel Arm. To the truly Ingenious, his highly deserving Friend John Heydon, On his Learned Work, Entitled The IDEA of the LAW. COuld I of our Antipodes but give A true Description; Tell how Those persons live That there Inhabit; Acquaint the World how all Things stated are, on that side of Earth's Ball: Relate the curious Customs that appear, On each side of us, without being there; I might commend this Learned Work of thine Which proves thy Pen, and Fancy all Divine. But my dull stock of Learning cannot aid Me to the Tithe of praises might be paid Unto your Skill, for this your Idea; The form and figure of all Mundane Law. Let learned Lawyers beat the better Brains, And fix Encomiums on you for your pains, That may be fit so acquaint a Subject; Let True Poets pay their sharper Verses, that Are your just right: That (like a General) Your Book may march in Equipage, 'mong'st all With its due State and Train; That it may ride Whilst other Law Books Lac'quey by its side. Let Cook and Littleton give place; their days Have long enough continued; let the Bays Be given to those deserve it better: and Let Shepherd know, That Heydon may command The Lawyers Laureate as his proper due For this choice treasury, so learned, so true. And let it not your greater-Lawyers grieve, To Retrograde themselves, whilst they receive Another into Honour; for you know, Lord Mayors of London once a year do so. John Gadbury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. In Johannis Heydoni viri doctissimi Ideam Legis. IDeam Legis monstras, (Heidone) nec illan Commonstras solum, sed bonus arte doces. Tempora distinguis; mores critico ungue rebels Indicat & carpit pagina docta tua. Sic Legis formam dum tu monstrasque doc esq Doctoris faelix nomen & omen habes; Macte piâ virtute precor, nec desine pensum, Inque annos multos te rogo vive, vale. The Laws-Idea learned Heydon shows, And (open-brested) teacheth all he knows, Twixt times distinguishing; and what is bad Wisely both shows and taxeth: Thus is had The Laws true form, plainly both showed and taught, In teaching which, I find omitted nought: Go on (Learned Sir,) and finish this your Task; Live long and happily, is all I ask. George Starkey Eirenaeus, Philoponus, Philalethes. THE IDEA OF THE LAW. 1. WHen GOD had made the Heavens and the Earth; the Mundus vitae, the World of Life, and Forms or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; And thus completed his work in the Senary; comprehending the whole Creation in Six Orders of things: He ceased from ever creating any thing more, either in the outward Material World, or in the World of Life. But his Creative power retiring into himself, he enjoyed his own eternal Rest, which is his immutable and indefatigable Nature, that with ease oversees all the whole Compass of Being's; and continues Essence, Life, and Activity to them; and the better rectifies the worse; and all are better rectifies the worse; and all are guided by his eternal Word and Spirit: but nothing New hath ever been Created since the Six Day's Production, nor shall ever be hereafter. 2. Then man fell, after all was perfect, into disobedience, by his Feminine Faculties, and the Pride of the Serpent. And being in this sinful Estate, his Firstborn Cain killed his brother Abel, and therefore had the mark 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thou set in his Forehead: it was done by God, and according to his Promise instead of Death: he was enabled to walk and live securely among the wildest of Terestrial Creatures: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i. e.) A sword could not enter him, fire could not burn him, water could not drown him, the air could not blast him, nor any thunder or lightning could strike him, etc. 3. And afterwards, Laws were given to men to be executed, One not to oppress another, but to fear God, do his Statutes, and keep his Judgements. 4. And thus God forgave Cain, and saved his life: which I cannot account a downright Punishment, but indulged by the mercy of God, and necessary to the multiplication of Mankind, etc. So Laws were established amongst men before Moses. 5. And I look upon Moses mainly in reference to the public Inducement, in which, after this a few generations, he appeared admirable, viz. As a Politician or Lawgiver. In which his skill was so great, that even in the Judgement of Heathen Writers he had the pre-eminence above all the rest: the Rosie-Crucians place him in the head of their Infallible Axiomata: of the most Famous Lawgivers under the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, if Eugenius Theodidactus be not mistaken: or, if he be, at least he bears them company that are reputed the best, reserved for the last, and most notable Instance of those that entitled their Laws Divine, and made themselves spokemen betwixt God and the people: This Mneves is said to receive his Laws from Mercury, as Minos from Jupiter, Lycurgus from Apollo, St. Chrystopher Heydon from his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, his good Genius, As Moses from Jao, that is Jehovah; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, But they speak like mere Hystorians in the business that say so, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the word which they boldly abuse, to the diminution of all their Authorities promiscuously: It is said, they feigned they received Laws from these Deities: And Aristotle adds the reason of it too; but like an errand Statesman, or an incredulous Philosopher, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; (i. e.) Whether it be (says he) that they judged it an admirable and plainly Divine Project that redounded unto the Profit of a multitude, or whether they conceived, that hereby the people looking upon the greatness, and Supereminence of their Lawgivers, would be more obedient to their Laws Praetorian or Censorian: That saying in the Schools is not so trivial as true, Quicquid recipitur, recipitur admodum recipientis; Every thing is as it is taken, or at least appears to be so: The tincture of our own natures stains the appearance of all objects. 6. But to leave Aristotle to his Ethnicism and incredulity: As for us that ought to believe Scripture, and obey the Laws of our Land, established in the Gospel of Jesus Christ, being a Precedent for all Laws and Statutes. 7. And first, if we will not gainsay the authority of the Greek Text, we shall not only be fully persuaded of Moses his receiving of Laws from Gods own mouth, but have some hints to believe, that something Analogical to it may have come to pass in other Lawgivers, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. Deut. 32. When the most High divided the Nations, when he separated the Sons of Adam, he set the bounds of the Nations according to the number of the Angels of God, but Jacob was the portion of Jehovah, that is, Jao, etc. So that it is not improbable, but that as the great Angel of the Covenant, he whom I in my Book named The Wiseman's Crown: and in another entitled, A new Method of Rosy Crucian Physic call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (i. e.) The eldest of Angels, the Archangel, the Word, the Beginning, the name of God, which is Jehovah: I say, that as he gave Laws to his charge, so the titular Angels of other Nations might be Instructors of those that they raised up to be Lawgivers to their charge: Though in process of time, the Nations that were at first under the Government of good Angels, by their lewdness and disobedience might make themselves obnoxious to the power and delusion of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tyrannical devil: But this is but a digression, that which I would briefly have intimated is, how Laws were received, and how Politicly they are now used; And that the great Lawgiver of the Jews was a man instructed of God himself, to Prudence and true Policy. 8. And therefore I make account, if we will but with diligence search, we may surely find the Footsteps of unsophisticate Policy in all the Passages of the whole Pentateuch: And here in the very entrance it will offer itself unto our view, where Moses shows himself such as that noble spirit Plato desires all Governors of Commonwealths should be, who has, in his Epistle to Dion, and his friends, foretold, That mankind will never cease to be miserable, till such time as either true and Right Philosophers rule in the Commonwealth; or those that do rule apply themselves to true and sound Philosophy: And what is Moses his Bereshith, but a fair invitation thereto? it comprehendeth at least the whole Fabric of Nature, and conspicuous Furniture of the visible world: As if he dare appeal unto the whole Assembly of God's Creation, to the voice of the great Universe, if what he propounds to his people, over whom God hath set him, be not righteous and true; And that by acting according to his Precepts, they would but approve themselves Cosmopolitas, True Citizens of the world, and Loyal Servants of God, and Secretaries of nature. It is Mr. Thomas Heydon his Interpretation upon the place; which, how true it is in Moses vailed, I will not here dispute: That it is most true in Moses unvailed, Christ our Lord is true, without all Dispute and Controversy; And whosoever follows him, follows a Law justified by God, and the whole Creature, they speaking in several Dialects the mind of their Maker. It is a truth and life that is the safety of all Nations, and the earnest expectation of the ends of the earth; Christ, the same yesterday, to day, and for ever, whose Dominion and Law neither time nor place doth exclude; as you shall find anon: But to return to Moses. 9 The Laws and Ordinances which he gave to the Israelites, were given by him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (i. e.) as Statutes received from God; And therefore, the great Argument and Incitement to Obedience should lie in this first, and highest Lawgiver, God himself, the great Jehovah; whose wisdom, power, and goodness could not better be set out, then by ascribing the Creation of the whole visible World unto him: So that, for his power he might be feared, admired for his prudence, and finally for his goodness be loved, adored, and Deified: That, as he was truly in himself the most High God, so he should be acknowledged of the people to be so. 10. For, certainly there is nothing that doth so win away, nay ravish, or carry captive the minds of poor Mankind, as Bounty and Munificence, all men loving themselves most affectionately, and most of all, the meanest and basest spirits, whose souls are so far from being a little raised and released from themselves, that they do impotently and impetuously cleave and cling to their dear carcases; hence have they, out of the strong relish and favour of the pleasures and conveniences thereof, made no scruple of honouring them for Gods, who have by their Industry, or by good Planets produced any thing that might conduce for the improvement of the happiness and comefort of the body; And thus Moses received his Laws from God; Josuah from Moses, etc. 11. Now Christ teacheth us other Laws: as for example, when the Pharisees came to him, and asked, Is it lawful for a man to put away his Wife? tempting him. And he answered and said unto them, What did Moses command you? 12. And they said, Moses suffered to write a Bill of Divorcement, and and to put her away. 13. And Jesus answered and said unto them, For the hardness of your hearts Moses wrote this Precept; 14. But, From the beginning of the Creation God made them male and female. 15. For this cause shall a man leave his Father and his Mother, and shall cleave unto his wife. 16. And they twain shall be one flesh. 17. What therefore God hath joined together let no man put asunder, Mark 10. 18. Wherefore dare any of you, having a Matter against another, go to Law before the unjust, and not before the Saints? 19 Do ye not know, that the Saints shall judge the World? And if the Saints shall be judged by you, are ye unworthy to judge the smallest matters? 20. Know ye not, that we shall judge Angels? How much more things that partain to this life? Brother goeth to Law with brother; and that before the Unbelievers. 21. Now therefore there is utterly, a fault among you, because ye go to Law one with another,: Why do ye not rather take wrong? Why do not you rather suffer yourselves to be defrauded? 22. Nay you do wrong, and defraud, and that your brethren? But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you, and persecute you, Mat. 5. 23. Wherefore then serveth the Law? It was given because of Transgressions, till the seed should come, to whom the Promise was made, and it was ordained by Angels in the hand of a Mediator. 24. Wherefore the Law was our Schoolmaster to bring us unto Christ, that we might be justified by Faith, Gal. 3. 25. Now let every Soul be subject unto the Higher Powers, for there is no power but of God; the powers that be are ordained of God. 26. Whosoever therefore resisteth the Power, resisteth the Ordinance of God; And they that resist receive to themselves Damnation. 27. For rulers are not a terror to good works, but to the evil: Will ye then be afraid of the Power? Do that which is good, and you shall have praise of the same. 28. For they are the Ministers of God to you, for good; But if you do that which is evil, be afraid: for they bear not the sword in vain, for they are the Ministers of God, and Revengers, to execute wrath upon him that doth evil. 29. Wherefore ye must needs be Subjects, not only for wrath, but also for conscience sake. 30. For this cause pay you Tribute also: For they are Gods Ministers, attending continually upon this very thing. 31. Render therefore to all their Deuce, Tribute to whom Tribute is due, Custom to whom Custom is due; Fear to whom fear; Honour to whom honour. 32. Own no man any thing, but to love one another: For they that love one another, have fulfilled the Law. 33. For this, Thou shalt not commit Adultery; thou shalt not Kill; thou shalt not Steal; thou shalt not bear False-witness; thou shalt not Covet: and if there be any other Commandment, it is briefly comprehended in this saying; namely, thou shalt love thy neighbour as thyself. 34. Love worketh no ill to his Neighbour; therefore, Love is the fulfilling of the Law, 35. Rom. 13. And all other Laws depend upon these: The Politic part of all Law is this following, which ought, as I have prescribed, to be practised according to the Basis of Moses and the Prophets, and Christ and his Disciples. The Method advises you how to rectify the Errors of all Courts after this order in the Paragraphs, grounded, as you heard before, in the Old and new Testament. And these Rules you must observe. 36. In all Civil Society either Law or Power prevails; for there is a Power which pretends Law, and some Laws taste rather of might than right, Wherefore there is a threefold Source of injustice: Cunning Illaqueation, under colour of Law, and the harshness of Law itself. 37. The Force and Efficacy of private Right is this; He that doth a wrong by the Fact, receives Profit or Pleasure, by the Example, incurs Prejudice and Peril: others are not Partners with him in his Profit or Pleasure; but take themselves interessed in the Example, and therefore easily combine and accord together to secure themselves by Laws, lest Injuries by turns seize upon every Particular: But, if through the corrupt Humour of the Times, and the generalty of guilt, it fall out, that to the greater number, and the more potent, Danger is rather created than avoided, by such a Law: Faction disanulls the Law, which often comes to pass. 38. Private Right is under the Protection of Public Law: For Laws are for the People, Magistrates for Laws. The Authority of Magistrates depends upon the Majesty of Kings, and the form of Policy, upon Laws Fundamental: Wherefore if this Government be good, sound, and healthful, Laws will be to good purpose: If otherwise, there will be little security in them. Yet notwithstanding, the end of Public Law is not only to be a guardian to private right, lest that should any way be violated, or to repress Injuries, but it is extended also, unto Religion, and Arms, and Discipline, and Ornaments, and Wealth. Finally, to all things which any way conduce unto the prosperous estate of a Commonwealth. 39 For the end and aim at which Laws should levelly, and whereto they should direct their Decrees and Sanctions, is no other than this, That the people may live happily: This will be brought to pass, if they be rightly trained up in Piety, and Religion, if they be honest for moral conversation, secured by Arms against Foreign Enemies, munited by Laws against Seditions and private wrongs: Obedient to Government and Magistrates: Rich and flourishing in Forces and wealth: But the Instruments and Sins of all blessings are Laws. 40. And to this end, the Laws we received successively, by Moses, were first from God, and then from him by Josuah, and from Joshua by the 70 Elders, etc. But the best Laws we received from Christ, the Apostles delivered them to the Bishops, etc. And the end they attain, you read before: But many Laws miss this mark: For there is great difference and a wild distance in the comparative value and virtue of Laws: For some Laws are excellent, some of a middle temper, others altogether corrupt. I will exhibit, according to the measure of my Judgement some certain Laws (as it were) of Laws, whereby Information may be taken, what in all Laws is well or ill received by Massora, and established, or by Tradition tinctured with the virtue or vice of the Judges, and their Brethren. 41. But before I descend to the Body of Laws in particular, I will briefly write the Merit and Excellency of Laws in general: A Law may be held good, that is certain in the Intimation, just in the Precept, profitable in the Execution, Agreeing with the Form of Government, in the present State, and begetting virtue in those that live under them. 42. Certainty is so Essential to a Law, as, without it a Law cannot be just, Si enim incertam vocem det Tuba, quis se parabit ad Bellum: So, if the Law give an uncertain sound, who shall prepare himself to obey: A law must give warning before it strike: And you do not read, that Cain killed any after God had marked him: and it is a good Precedent, That is the best Law which gives least Liberty to the Arbitrage of the Judge (and that is the reason of Moses his strict charge to the people, that they should not come nigh the Mountain) which is that the certainty thereof effecteth. 43. Incertainty of Laws is of two sorts, One, where no Law is prescribed: The other, when a Law is difficile and Dark: I must therefore first speak of Causes omitted in the Law, that in these likewise there may be found some Precedent of certainty. 44. The narrow compass of man's wisdom cannot comprehend all Cases which time hath found out: and therefore New Cases do often present themselves. In these Cases there is applied a threefold Remedy or Supplement, either by a Proceeding upon like Cases, or by the use of Examples, though they be not grown up into Law, or by Jurisdictions, which award, according to the Arbitrement of some Good Man, Moses or Christ; as you may read in the Old and New Testament, how Controversies were decided, according to sound Judgement, whether in Courts Praetorian, or of Equity, or Courts Censorian, or of Penalty. 45. In new Cases your Rule of Law is to be deduced from Cases of like nature, but with Caution and Judgement, touching which these Rules following are to be observed: Let Reason be fruitful, and Custom be barren, and not breed new Cases; Wherefore, whatsoever is accepted against the sense and Reason of a Law: or else, where the Reason thereof is not apparent, the same must not be drawn into Consequence. 46. A singular public Good doth necessarily introduce Cases pretermitted; Wherefore, when a Law doth notably and extraordinarily respect, and procure the Profit and Advantage of a State. Let their Interpretation be ample and extensive. It is a hard case to torture Laws, that they may torture men: I would not therefore that Laws penal, much less capital, should be extended to new Offences: Yet, if it be an old Crime, and known to the Laws, but the Prosecution thereof falls upon a new Case, not foreseen by the Laws, You must, by all means depart from the Placits of Law, rather than that offences pass unpunished. 47. In those Statutes which the Common Law (especially concerning Cases frequently incident, and are of long continuance) doth absolutely repeal, I like not the Proceeding by Similitude unto New Cases: For, when a State hath for a long time wanted a whole Law, and that, in cases expressed, there is no great danger, if the Cases omitted expect a Remedy by a New Statute. 48. Such Constitutions as were manifestly the Laws of time, and sprung up from emergent Occasions then prevailing in the Kingdom: I think now it is called so by Carolus Magnus secundus, The State oft times now changed, they are reverenced enough, if they may conserve their Authority within the limits of their own proper Cases: And it were monstrously preposterous any way to extend and apply them to Cases omited, as in oliver's time. 49. There can be no Sequel of a Sequel: but the extension must be arrested within the Limits of immediate Cases, otherwise you fall by degrees upon unresembling Cases, and the Subtlety of wit will be of more force than the Authority of Law. 50. In Laws and Statutes of a compendious Style, extension may be made more freely: But in those Laws which are punctual in the Enumeration of Cases particular, more warily; For, as exception strengthens the force of a Law, in cases not excepted, so enumeration weakens it, in cases not enumerated. 51. An explanatory Statute dams up the streams of a former Statute; neither is the Extension received afterward, in the one or the other: For there is no Superextention can be made by a Judge, where once an extension hath begun to be made by a Law. 52. The Form of words and Acts of Court doth not admit an Extension upon like Cases; for that looseth the nature of Formality, which departs from Custom to Arbitrament; And the Introduction of oliver's Tyrannical new Heavy Cases imbaseth the Majesty, and clogs the purity of the late Sacred King Charles his Statutes. 53. Extension of Law is aptly applied unto cases Post nate, which were not existent in Nature, when the Law was enacted: For, where the Case could not be expressed, because there were not such extant, a Case omitted is accepted for a Case expressed, if the reason be the same: So for extension of Laws in Cases amiss, let this my Direction suffice: Now I shall speak of the use of Examples. 53. It follows now I speak of Examples from which Right is inferred, where Law is imperfect: As for Custom, which is a kind of Law; and for Precedents, which by frequent Practice are grown into Custom, as into a Tacite Law, I will speak in due place: But now I speak of Examples or Precedents which rarely and sparsedly fall out, and are not yet grown up to the strength of a Law, namely, when, and with what caution a Rule of Law is to be derived from them where Law is imperfect. 54. Your Precedents must be derived from Queen Elizabeth, King James, King Charles, and his happy Son, being good and moderate: and not from the bloody Factions, or dissolute Times of the Tyrant Oliver Cromwell, and his Sons; For Examples fetched from such times are a Bastard Issue, and do rather corrupt than instruct. 55. In his late Sacred Majesty's time, the Examples are to be reputed the best, and most safe; for those were but lately done, and no inconveniences ensued: Now, Why may it not be done again? Yet nevertheless recent Examples are of less Authority, and if perchance it so fall out, that a Reformation, Modern Precedents taste more of their own times, than of right Reason. 56. But those Precedents betwixt Christ his Apostles, and the late King Charles must be received with caution, and choice. For, since our Saviour Christ two hundred years, the revolution of an Age altered many things; so as, what might seem ancient for time, the same, through perturbation and Inconformity, to the present Age, may be altogether new: Wherefore leaving Moses, Joshua, and the Elders, and the succeeding Prophets to the Laws and Statutes of their times, and following the Examples of Christ, his Apostles, Bishops, and the Judges of a middle time are best; or of such an Age as best sorts with the present times, which now and than the time farther off better represents, than the time close at hand. 57 Keep yourselves within, or rather on this side the limits of an Example, and by no means surpass those bounds: For, where there is no Rule of Law, all aught to be entertained with Jealousy: Wherefore here, as in obscure cases, follow that which is least doubtful. 58. Beware of Fragments, and Compounds of Examples: and view the example entire, and every particular passage thereof: For, if it be inequal and unreasonable before a perfect Comprehension of the whole Law, to make a Judgement upon a part, or Paragraph thereof: much more should this Rule hold in Examples, which, unless they be very square and proper, are of doubtful use and application. 59 In Examples, it imports very much through what hands they have passed, and have been transacted: For if they have gone currant with Clarks only, and Ministers of Justice, from the course of some Courts, without any notice taken thereof by Superior Counsellors, or with the Master of Errors, by the people they are to be rejected, and little to be esteemed of: but, if they have been such precise Precedents or Counsellors of Estate, Judges, to Principal Courts, as that it must needs be, that they have been strengthened by the ●acite approbation, at least of Judges; they carry the more reverence with them. 60. Precedents that have been published, however less practised, which being debated, and ventilitated by Discourses and dis●ptations have yet stood out unargued, are of greater Authority: but such as have remained buried, as it were, in Closets and Archives are of less: For Examples like Waters are most wholesome in the running stream. 61. Examples that refer to Laws I would not have them drawn from Writers of History, but from public Acts, and more diligent Traditions: The Hebrew word is, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kibbel, and it is an Infelicity familiar, even with the best Hystorians, that they pass over Laws, and Judicial Proceed too slightly: and, if perhaps they have used some Diligence therein, yet they vary much from the authentic Constitutions. 62. An Example which a contemporary Age, or a time nearest unto it hath repealed, should not easily be taken up again, though the like Case should afterwards ensue: nor makes it so much for an Example, that upon Experience they have now relinquished it. 63. Examples are admitted into Councils, but do in like manner prescribe or command: Therefore I advise you to let them be so moderated, that the Authority of the time past, may be bowed and plied to the practice of the time present; and thus much concerning Advice, and Direction, from Precedents; where Law is imperfect: it follows next, that I speak of Courts Praetorian and Ceuforian: Courts of equity, and of penalty, as I practised of Clifford's Inn, where I was sometime a Clerk. 64. I advise you let there be Courts and Jurisdictions, which may define according to the Arbitrement of some good man, and according to sound Judgement for the Law, (as is observed before) cannot provide for all cases, but is fitted to such occurrences as commonly fall out; and time (as was said by the Ancients) is a most wise thing, and daily the Author and Inventor of new cases. 65. New cases fall out both in matters Criminal, which have need of penalty, and in matters Civil, which have need of relief, the Courts which respect the former, I call Censorian: which respect the latter Praetorian. 66. I advise you to let the Censorian Courts of Justice have Juridiction and Power not only of punishing new offences, but also of increasing penalties assigned by the Laws for old crimes, if the be cases heinous, & enormous; so they be not Capital, for a notorious guilt, is as it were, a new case. 67. Observe also to let, in like manner, the Praetorian Courts of equity have power to qualify the rigour of Law, that none be imprisoned but those that are able to pay their debts: their goods & chattels ought not to be engaged, but at the discreation of some good man: let time given be for payment, for the supplying the defects of Law; for if a remedy ought to be extended to him whom the Law hath passed by, much more to him whom it hath wounded. 68 Take care that these Censorian and Praetorian Courts be by all means limited within cases extraordinary, not invade ordinary Juridictions, lest peradventure the matter extend to the supplantation, rather than the supplement of Law. 69. Let these Juridictions reside only in the highest Courts of Judicature, and not be communicated to courts Inferior: for the power of extending, or supplying or moderating Laws, little differs from the power of making them. 70. But let not these Courts be assigned over to one man, but consist of many: nor let the decrees thereof issue forth with silence, but let the Judges allege reasons of their sentence and that openly in the Audience of the Court, that which is free in the power, may in the fame and reputation be confined. 71. Let their be no rubriques' of blood, neither define of Capital crims, in what Court soever, but from a known and certain Law: for God himself first denounced death, afterwards inflicted it; nor is any man to be put to death, but he that knew beforehand that he sinned against his own life. 72. In Courts of Censure, give way to a third trial, that a necessity be not imposed upon Judges of absolving, or of condemning, but that they may pronounce a non Liquet; so in like manner, let Laws Censorian, not only be a penalty but an infamy that is, which may not inflict a punishment, but either end in admonision; or else chastise the delinquet with some light touch of Ignominy, and as it were a blushing shame. 73. In Censorian Courts let the first aggressions, and the middle Acts of great offences, and wicked attempts be punished: yea although they were never perfectly accomplished: and let that be the chiefest use of those Courts, seeing it appertains to severity, to punish the first approaches of wicked enterprises, And to Mercy to intercept the perpetration of them by correcting middle Acts. 74. Special regard must be taken, that in Praetorian Courts, such cases be not countenanced, which the Law hath not so much pretermitted, as slighted as frevilous or as odious, Judged unworthy redress. 75. Above all, it most imports the certainty of Laws, that Courts of equity do not so swell and overflow their banks, as under prtence of mitigating the rigour of Laws, they do dissert or relax the strength and sins thereof, by drawing all to Arbitrement. 76. I advise you not to let Praetorian Courts have power to decree against express Statutes, under any Pretence of equity, for if this should be permitted, a Law Interpreter would become a Law maker, and all matters should depend upon Arbitrement. The Recorder of London; is of opinion, That the Jurisdiction of defining according to equity and conscience; and that other, which according to strict Law, should be deputed to the same Courts: but Judge roll says to several, by all means let there be a separation of Courts, for there will be no distinction of Cases, where there is commixtion of Jurisdictions: but you shall have Arbitrement encroach upon, and at last, swallow up Law. 77. The Table of the Praetors amongst the Romans came in use upon good ground: In these the Praetor set down and published aforehand, by what form of Law he would execute Judicature, after the same example, Judges in Praetorian Courts: The King's Bench, Chancery, Common, Pleas, etc. should propound certain Rules to themselves (so far as may be) & openly publish them, for that is the best Law, which gives least liberty to the Judge; He the best Judge that takes least liberty to himself: you see how time altars Laws since Moses received them from God: and what Laws Christ gave you in the Gospel: and now how Politicly they are practised: by tedious Clerks, proud Students, covetous Councillors Self-willed Sergeants: whose Learning is great: yet at last the Patiented Clients are willing to go home, where they lament their losses, sustained through the Errors of proceed: the Crazy Judge he sits quietly willing rather to sleep, then to prescribe a method of good wholesome Laws to the People: And thus the poor suffer: but I hope to give you a clear way in passage only, through all Courts that with these Rules before a Judge you may know and understand your Case, and the Judge also may give true and sound Judgement, and supply that which is omitted by the Law, for the worst Tyranny is Law upon the rack: And where there is made a departure from the letter of Law, the Judge, of an Interpreter becomes a Lawgiver. 78. I have found that there is likewise another kind of supplement of Cases omitted, when one Law falleth upon another, and withal draws with it cases pertermitted, this comes to pass in Laws or Statutes, which (as the usual expression) look back or reflect one upon another, Laws of this nature, are rarely and with great caution to be alleged, for I like not to see a two faced Janus in Laws. 79. Arguments brought against Testimonies accomplish thus much, that the case seems strange, but not that it seems true, and he that goes about to elude and circumvent the words and sentence of Law by fraud and captious fallicies, deserves in like manner to be himself ensnared by a succeeding Law: wherefore in case of subtle shifts and sinester devices, it is very meet that Laws should look back upon, and mutually support one another, that he who studies evasions, and eversion of Laws present may yet stand in awe of future Laws. 80. Laws which strengthen and establish the true intentions of Records and Instruments, against the defects, and forms, and solemnities, do rightly comprehend matters past, for the greatest inconvenience in a Law that refers back, is, that it disturbeth; but these conformitory Laws, respect the peace and feeling of those cases which are Transacted and determined; yet you must take heed that cases already adjudged be not reversed or violated. 81. You must be very careful, that not those Laws alone, be thought to respect things past, which invallide cases already desided; but those also which prohidite and restrein future cases necessarily connext with matters past: As for example, If a Law should interdict some ki●d of Tradesmen the vend of their Commodites; for hereafter, the Letter of this Law is for the future: But the sense and meaning takes hold of the time past: for now it is not warrentable for such persons to get their Live this way. 82. Every declaratory, although there be no mention of time past, yet by the force of the Declaration, it is by all means to be extended to matters past, for the Interpretation doth not then begin to be in force, when it is declared, but is made contemporary with the Law itself, wherefore never enact declaratory Laws but in cases where Laws may in equity refer and look back one upon another: and thus I have shown you the incertitude of Laws also; where no Law is found, I shall now engross the imperfections, perplexity and obscurity of Laws. 83. Obscurity of Laws spring from four causes: either from the excessive accumulation of Laws, specially where there is a mixture of obsolete Laws; or from an ambiguous, or not so perspicuous and delucide description of Laws: or from the manner of expounding Law, either altogether neglected, or not rightly pursued: or lastly, from contradiction and incertainty of Judgements, 84. The Prophetical Lawgiver saith, Pluet super eos Laqueos, now there are no worse snares than the snares of Laws specially penal, if they be immense for number; and through the alterations of times unprofitable; they do not present a torch, but spread a net to our feet. 85. There are two ways in use of making a new Statute, the one establisheth and strengthens the former Statute about the same Ject: and then adds and changes something; the other abrogates and cancels what was decreed before, and substitutes de integro, a new and uniform Law, the latter way I approve: for by the former way Decrees become complicate and perplexed; yet what is undertaken is indeed pursued: but the body of Law is the mean time corrupted; but certainly the more diligence is required in the latter where the deliberation is of the Law itself, that is, the Decrees heretofore made are to be searched into and duly weighed and examined before the Law be published; but but the chief point is, that by this means the Harmony of Laws is notably designed for the future. 86. It was a custom in the State of Athens, to deligate six persons for to revise and examine every year the contrary Titles of Law, which they called Antinomies, and such as could not be reconciled, were propounded to the people, that some certainty might be defined touching them, after this Example let such in every State, as have the power of making Laws, review Anti-nomies every third or fift year, or as they see cause: And these may be searched into and prepared by Committees assigned thereto and after that exhibited to Assemblies, that so what shall be approved may be suffrages, be established and settled. 87. Now let there not be too scrupulous and anxious pains taken in reconciling contrary Titles of Law, and of Salving (as Mr Philip Green terms it) all points by subtle and Study Distinctions, for this is the web of wit, and however it may carry a show of modesty and reverence, yet it is to be reckoned in the number of things prejudicial, and being that which makes the whole body of Law ill sorted and incoherent; it were far better that the worst Titles were cancelled, and the rest stand in force. 88 I advise you to let such Laws as are obsolete or grown out of use, as well as Anti-nomies, be propounded by delegates as a part of their charge to be repealled: for seeing express Statute cannot regurarly be voided by Disuse, it falls out that through a Disestimation of Old Laws, the Authority of the rest is somewhat embased: And the Cromwell's Tyrannical Torture ensues, that Laws alive are murdered and destroyed in the fear of God, with the deceitful embracements of Laws dead: But above all beware of a Gangreen in Laws. 89. For such Laws as are not lately published let the Praetorian Courts have power, in the mean space, to define centrary to them; for although it hath been said, not impertinently, No man ought to make himself wiser than the Laws: yet this may be understood of Laws, when they are awake, not when they are asleep: on the other side let not the more recent Statutes, which are found prejudicial to the Law public be in the power of the Judges, but in the power of the King and the Counsellors of Estate, and supreem Authorities for redress, by suspending their execution through Edicts and Acts, until Parliamentary Courts, and such High Assemblies meet again, which have power to abrogate them, lest the safety of the Commonwealth should in the mean while be endangered. 90. If Laws accumulated upon Laws, swell into such vast volumes, or be obnoctious to such confusion, that it is expedient to revise them a new, and to reduce them into a sound and solid body, intent it by all means and let such a work be reputed an Heroical noble work: and let the Author of such a work, be rightly and deservedly ranked in the number of The Right Worsh. Ralph Gardener, Esq Justice of Peace and Councillor of Estate to the Supreme Authority of England etc. And such Founders and Restorers of Law. 91. This purging of Laws, and the contriving of a new Digest is five ways accomplished; first let obsolete Laws which Mr. Thomas Heydon terms, old fables be left out. Secondly, Let the most approved of Antinomies be received, the contrary abolished. Thirdly, Let all coincident Laws which import the same thing be expunged, and some one, the most perfect among them retained of all the rest: Fourthly, If there be any Laws which determine nothing, but only propound Questions, and so leave them undecided, let these likewise be Cashiered. Lastly, let Laws too wordy and too prolix, be abridged into a more narrow compass. 92. And it will import very much for use, to compose and sort apart in a new Digest of Laws, Law recepted for Common Law, which in regard of their beginning are time out of mind, And on the other side, Statutes superadded from time to time: seeing in the delivery of a Juridical sentence the Interpretation of Common Law, and Statute Laws, in many points is not the same: This Judge Roll. did in the Digests and Code. 93. But in this Regeneration and new Structure of Laws, retain precisely the Words and the Text of the Ancient Laws, and of the Books of Law, though it must needs fall out that such Collection must be made by Centoes and smaller portions: then sort them in order: for although this might have been performed more aptly, and (if you respect right reason) more truly, by a new Text, than by such a Consarcination, yet in Laws, not so much the Style and Description, as Authority, and the Patron thereof, Antiquity, you must carefully observe, otherwise such a work might seem a Scholastic business, and Method, rather than a body of Commanding Laws. 94. In this new Method of Laws, upon good advertisement a Caveat hath been put in; that the Ancient volumes of Law shall be utterly extinguished, and perish in oblivion, but at least remain in Libraries, though the common and promiscuous use thereof might be retained; for in Cases of weighty consequence, it will not be amiss to consult and look into the mutation and continuation of Laws past: and indeed it is usually to sprinkle modern matters with Antiquity, and this new body of Law must be confirmed only by such, who in every State have the power of making Laws, lest perchance under colour of digesting Ancient Laws, new Laws under hand be conveyed in. 95. I could wish that this Idea of Laws might be Perused, Practised, and Exalted, in the understanding of Learned and Wise men: in such times as now when Philosophy, Reason, Nature, and Experience, excels those more Ancient times, whose Acts and Deeds they recognize: which fell out otherwise in Acts of Oliver Cromwell; For it is a great unhappiness to the people, when the deeds of Henry the eight must be imposed upon them Tyrannically maimed and compiled by the Judgement and choice of a less wise and Learned man. Thus have I shown you the obscurity of Laws arising from the excessive and confused accumulation thereof: I shall next speak of the dark and doubtful description of them. 96. Obscure description of Laws arise either from the Loquacity o● Verbosity of them; or again, from extreme brevity, or from the preamble of a Law repugnant with the body of a Law. 97. I shall now instruct you how to enlighten the obscurity of Law, ariseing from a corrupt and crooked description thereof. The Loquacity and Prolixity, which hath been used in setting down Laws I dislike: neither doth such a writer any way compass what he desires, and labours for, but rather the quite contrary: For, while a man endeavours to pursue and express every particular case in apt and proper terms, hoping to gain more certitude thereby, contrariwise it falls out that through many words, multitude of Questions are engendered: so as more sound and solid interpretation of Law according to the genuine sense and mind thereof is much intercepted through the noise of words. 98. And yet notwithstanding a too concise and affected brevity for Majesty's sake, or as more imperial, is not therefore to be approved specially in these times, lest Law become perchance a Lesbian Rule: wherefore a middle tempered stile is to be embraced: and a generality of words well stated to be sought out; which though it do not so throughly pursue Cases comprehended, yet it excludes Cases not comprehended dear enough. 99 Yet in ordinary and politic Laws and Edicts, wherein for most part no man adviseth with his Council, but trusteth to his own Judgement, all shall be more amply explicated and pointed out, as it were with the finger, even to the meanest Capacity. 100 So neither should I allow of preambles to Laws which amongst the Ancients were held impertinencies, and which introduce disputing and not Commanding Laws: If I could well away with Ancient customs: But these prefaces commonly (as the times are now) are necessary prefixed, not so much for explication of Law, as for persuasion that such a Law, may pass in the solemn meeting of a State, and again to give satisfaction to the Communality, yet so far as possible may be, let Prologues be avoided and the Law begin with a Command. 101. The mind and meaning of a Law though sometimes it may be drawn not improperly from Prefaces and Preambles, (as they term them) yet the Latitude and Extension thereof must not be fetched from thence, for a Preamble by way of Example, sometimes fetcheth in, Lays hold upon some of the most plausible and most specious passages; when yet the Law compriseth many more: or on the contrary, the Law restrains and limits many Cases, the reason of which limitations to insert in the preface were superfluous, wherefore the dimention and Latitude of a Law, must be taken from the body of a Law: for a Preamble often falls either short or over. 102. And there is a very vicious manner of Recording of Laws, that is, when the Case at which the Law aimeth, is expressed at large in the Preamble, afterwards from the force of the word (the like) or some such term of relation, the body of a Law is reversed into the Preamble, so as the Preamble is inserted and incorporated into the Law itself, which is an obscure & not so safe a course, because the same diligence useth not to be taken in pondering and examining the works of a Preamble, as there useth to be done in the body of a Law itself. Touching the incertainty of laws proceeding from an ill description of them, I shall handle more at large hereafter, if this be acceptable: I shall next teach you how to expound Laws, and by what ways. 103. The ways of expounding Law and Solving doubts are five: for this is done either by Court Rolls and Records, or by Authentic writs: or by Subsidiary books or by prelections, or by responses and resolutions of wise men, all these if they be well instituted and set down, will be singular helps at hand against the obscurity and errors of Laws. 104. Now especially above all, let the Judgements delivered in higher and principal Courts of Judicature, and in matters of grave importance, specially dubious, and which have some difficulty and newness in them, be taken with faith and diligence: for Decrees are the Anchors of Law, as Laws are of the Republic. 105. The manner of collecting such Judgements and reporting them let this be, Register the Case precisely, the Judgements exactly; annex the reasons of the Judgements alleged by the Judges, mingle not Authorities of cases brought for example with cases principal, as for perorations of Sergeants', Counsellors, and Barresters etc. Unless there be something in them very remarkable, pass them over with silence. 106. The persons which should collect these Judgements, ●t them be of the order & rank of Sarjeant Wild, Mainard, Twisden, Sir Peter Ball etc. the Learnedest Advocates, and let them receive a liberal Remuneration from the State, let not the Judges themselves meddle at all with these Reports, lest perchance, devoted to their own opinions, and supported by their own Authority they transcend the limits of a Reporter. 107. Digest these Judgements according to the order and continuation of times, not according to Method and Titles: for writings of this nature are as it were, the History and Reports of Laws; nor do the Decrees alone but their times also give light to a wise Judg. 108. I advise you to let the body of law be built only upon the laws themselves which constitutes the common-Law; next of Decrees or Statutes; in the third place of Judgements, enroled; besides these, either let there he not other Authenticks at all, or sparingly entertained. 109. Nothing so much imports certainty of Laws (of which I now discourse) as that Authentic writings, be confined within moderate bounds; and that the excessive multitude of Authors and Doctors of the Laws, whereby the mind and sentence of Laws are distracted, the Judge confounded; proceed are made immortal, and the Advocate himself despairing to read over and conquer so many Books, betakes himself to Abridgmen's be discarded: It may be some good Gloss, and some few of Classic writers, or rather some small parcels of few writers, may be received for authentics, yet of the rest some use may be made in Libraries, where Judges are Advocates, may as occasion is offered, read their discourse●; but in cases to be pleaded at the Bar, let them not be permitted to be brought, & alleged in the Court nor grow ●p into Authority. 110 I advise you next, that you do not let the knowledge and practice of the Law be destituted, but rather be well provided with Auxiliary Books; they are in general six sorts, Institutes, of the signification of words; of the Rules of Law; Ancient Records Abridgements of Forms of Plead. 111. Young Students, and Clerks, are to be entered by Institutes, that they may the more profoundly and orderly draw and take in the knowledge and difficulties of the Laws; compose these Institutes after a clear and perspicuous manner; In these Elementary Books run over the whole private Law, not passing by some Titles, and dwelling to long upon others, but briefly touching something in all; that so coming to read through the whole body of Laws nothing may be presented altogether strange, but what hath been tasted, and preconceived by slight notion, touch not the public Laws in Institutes, but let that be deduced from the Judges of themselves. 112. I advise you to compile a Commentary upon the Terms of Law, be not too curious and tedious in the explication thereof; and of rendering their sense for the scope here, is not exactly to seek out the definition of words, but such explications only, as may clear the passage to the reading of the Books of Law; digest not this Treatise by the Letters of the Alphabet; leave that to some Index: Or amend that Book already extant called The Terms of the Law: And let such words as import the same thing be sorted, together, that in the comprehension of the sense, one may Administer help unto the other. 113. A sound and well loured Treatise of divers Rules of ●onduceth (if any thing doth) ●certainty of Laws, a work worthy the Pen of the greatest Wits, and wifest Jurists, nor do I approve of what is extant in this kind. And not only noted, and common Rules are to be collected, but also othesr more subtle, and abstru●e, which may be abstracted out of the Harmony of Laws, and Judged Cases, such as are sometimes found in the best Rubrics; & these are the general Dictates of Reason, and the Primum Mobile as it were of Law. 114. But all Decrees and Placits of Law, must not be taken for Rules, as is wont absurdly enough: For if this should be admitted, then so many Laws, so many Rules, for a Law●s nothing else but a Commanding Rule; But accept those for Rules, which cleave to the very form of Justice, from whence for most part, the same Rules are commonly found through the 〈◊〉 Laws of different States, unless 〈◊〉 they vary for the Refferen● 〈◊〉 forms of public Government. 115. After you have delivered in a brief & substantial comprehension of 〈◊〉, let there be, for explication an●t apples, & most clear & lucudent decisions of cases, distinctions & exceptions for limitations; points concurrent in sense for Amplification, of the same Rule. 116. It is well given in precepts, that a Law should not be drawn from Rules from the Law in force, neither is a proof to be taken from the words of a Rule; as it were a Text of Law: for a Rule (as the Mariner's Needle doth the Poles) indicateth only, not determines Law. 117. Besides the Idea of Law, it will avail also, to survey the Antiquities or Ancient Records of Laws, whose Authority although it be vanished; yet their reverence remains still; And let the writings and Judgements concerning Laws be received for the Antiquities of Laws, which in time preceded the body of Laws, whether they were published or not; for must not be lost therefore; out of these Records select what ever is most useful (for there will be found much vain and frivolous matter in them) And collect them into one volume, lest old Fables, (as the Learned Buxt● calls them) be mixed with the Laws themselves. 118. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, because the foundation of this Treatise, lies in the Spirit of the Bible, thus collected as you see, and it much imports the practic part of Laws, that the whole Law be digested into places and Titles, whereto a man may have (as occasion shall be given) a sudden recourse, as to a furnished promptuary for present practice, these Books of Abridgements, both reduce into order what was dispersed, and abreviate what was disused and Prolix in Law, but caution must be taken that those Breviaries make not men prompt for the practic part, and slothful for the knowledge itself: For their proper use and office is this, that by them the Law may be tilled, over again, and not throughly Learned; and these Summaries must by all means be collected with great diligence faith and Judgement, lest they commit Felony against the Law. 119. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i. e.) The Secret of the Lord is for them that fear him, and his Commandment is to make them know it. Thus you see the Mysteries of God and Jesus Christ lies not bare to false and adulterate eyes in the Laws of the Old and New Testament, but are hid and wrapped up in decent cover from the sight of vulgar and carnal men. 120. You Lawyers that are Servants of God, and Secretaries of Nature, make a collection of divers Forms of Pleading in every kind, for this conduceth much to the practic part: and certainly these Forms do discover the Oracles and secret mysteries of Laws; but in Forms of pleading, they are better and more largely displayed like the fist to the palm. 121. Some course you must take for the cutting off, and saisfying particular doubts which emerge from time to time; for it is a hard case that they which desire to secure themselves from error, should find no guide to the way, but that present businesses should be hazarded; and there should be no means to know the Law before the matter be dispatched. 122. That the resolution of the wise, given to Clients touching point of Law, whether by Advocates or Professors, should be of such Authority, that it may not be Lawful for the Judge to departed from their opinion, I cannot approve, let Law be derived from sworn Judges. 123. To feel and sound Judgements by feigned Cases and Persons, that by this means, men might find out what the course and proceeding of Law will be, I approve not, for it dishonoureth the Majesty of Laws, and is to be accounted a kind of prevarications o● double dealing: and it is a fowl sight to see places of Judicature to borrow any thing from the Stage. 124. Wherefore let as well the Decrees, as the Answers and Counsels proceed from the Judges alone; those of Suits depending; these of difficult points of law, in the general, require not these decisions whether in causes private or public, from the Judges themselves (for this were to make the Judge an Advocate) but of the King, or of the State: From these let the order be directed unto the Judges: And let the Judges thus Authorized hear the reasons on both sides, both of the Advocates or of the Committees deputed by the parties to whom the matter appertaineth; or of them assigned by the Judges themselves if necessity so require; and weighing the Cause, let them deliver the Law upon the Case and declare it, let these verdicts and Counsels, be recorded and notified amongst Cases adjudged, and be of equal Authority. 125. Next in order let your Lectures of Law, and the exercise of those that address themselves to the Studies of Law, be so instituted and ordered, that all may tend rather to the laying asleep, than the awaking of Questions and Controversies in Law For (as the matter is now carried) a School is set up, and open amongst all, to the multiplying of Alterations and Questions in Law: as if their aim was only to make ostentation of wit; and this is an old disease, for even amongst the Ancients, it was, as it were, a glory, by Sects and Factions to cherish rather than extinguish many Questions concerning Law. Provide against this inconvenience. 126. Judgements become incertain either through immature and too precipitate precedings to sentence; or through Emulation of Courts; or through ill and unskilful registering of Judgements; or because there is a too easy and expedite way open of reversing and rescinding them, wherefore it must be provided that Judgements Issue forth not without a stayed deliberation had aforehand, and that Courts bare a reverend respect to one another, and that Decrees be drawn up faithfully and wisely; and that the way to repeal Judgements be narrow, rocky and strewed as it were with sharp stones. 127. If a judgement hath been awarded upon a case in a principal Court, and the like case intervene in another Court, proceed not to sentence before the matter be advised upon in some solemn Assembly of Judges: for if Judgements awarded must needs be repealed, yet let them be interred with Honour. 128. For Courts to be at debate and variance about Jurisdictions is a humane frailty; and the more because this intemperance, through a misprision and vain conceit (that it is part of a stout resolute Judge, to enlarge the privileges of the Court,) is openly countenanced and spurred on, whereas it hath need of the bridle: but that out of this heat of stomach Courts should so easily reverse on both sides Judgements awarded, which nothing pertain to Jurisdiction, is an insufferable evil, which by all means should be repressed and punished by Kings or Counsels of State, or the form of Government, for it is a precedent of the worst Example, that Courts, that should distribute peace, should themselves practise Duels. 129. Let there not be too easy and free passage made to the repealing of Judgements by appellations, and writs of Errors or re-examination, etc. It is maintained, by a Judge in the Common Pleas, that a Suit may be brought into a higher Court, as entire & untried, the Judgement passed upon it set aside but the execution thereof may be stayed; in the King's Bench is of opinion that the Judgement it may stand in force, but the execution thereof may be stayed; neither of these is to be allowed, unless the Courts wherein the Judgement was awarded were of a base and inferior Order, but rather that both the Judgement stand, and the execution thereof go on, so a Caveat be put in by the Defendant for damages and charges if the Judgnent should be reversed. 130. Now all they which have written of Laws hitherto; have handled many things goodly for discourse but remote from use; that I have written is received from the best precedents ●n the world, and is what humane society is capable of, what maketh for the we'll publiek, what natural Equity is, what the Law of Nations, And how Moses received them from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i. e.) The all enlightening recess of Souls, how the law Christ commanded was love one another, & to do to all men, as they would be done unto, before his glorious Resurrection & Ascension into heaven where he sitteth at the right hand of God: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (i. e.) And thus shall he come again to Judgement, as he was seen to go up answerable to what he himself said, as the Lightning cometh out of the East and shineth unto the west so shall also the coming of the Son of man be etc. therefore let us serve God, whose Divine Majesty I humbly implore through his Son, and our Saviour, that he would vouchsafe graciously to direct and accept these and such like Sacrifices of human understanding, seasoned with Religion as with salt, and incensed to his glory. In Nature's Law, 'tis a plain case to die, No cunning Lawyer can demur on that; For cruel death and fatal destiny, Serve all men with a final Latatat. FINIS. THE IDEA OF GOVERNMENT. BEING A Defence for the Idea of the Law. MADE According to the Divine Precedent in Nature, Reason, and Philosophy By John Heydon Gent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prudens tenebrosa penetrate. Proverbs 24. 21, 22. My Son, fear thou the Lord and the King: and meddle not with those that are given to change, for Calamity shall arise suddenly, and who knoweth the ruin of them both? London printed in the year 1660. To the Reader. I Am confident, he that measures my Fancy by my Effigies, is more my fool than my fellow: And the Hound that couches upon the Table, some fond concieve it a Devil but they are mistaken: that Dog's call is Lily, he is white, with a red Circle about his neck, down his back is a list like a gold chain, & a spotted Bitch whose call is Beauty, I couple to him and for all Games, they are quick of scent, and good Buck-hounds; these, when I walk by the Water side to behold the delightful streams and Fishes playing, willingly go with me: and when I am in the Woods these are there also: So well do I love Hounds, that I would have them with me. I now appear to the World as if I were bound to the Angels of the Day and Planets of the Hours: God save the King, and Christ be with us all. You will wonder now where this drives, for it is the fortune of deep writers to miscarry because of obscurity; thus the spots in the Moon with some men are Earth, but I am informed they are Water, there is no Day so clear but there are Lees towards the Horizon: so Inferior wits, when they reflect on higher intellects leave a mist in their beams. When envious fools read my writings, they do not understand, being not able to confute me, by Reason, than they go about to do it by Scandals, saying, as the Jews did to our Saviour, Thou art a Samaritan and hast a Devil: now if Hounds be Devils, why do they eat Hares? there is a great difference betwixt those Hellhounds that pursue and Arrest men, and those that catch Foxes; one tells me if the season permit, the scrambling pens of Idiots will prove false Prophets, some happy success being near this time designed for his Majesty of Sweden. Alas silly Soul! some men will tell me a lie, and show me a reason for it: but this can not confute me with flattering nonsense, lies, and ignorance. The King of Sweden is dead, and my friend Eugenius Theodidactus told you the time when he would die in his Almanac, and advice to a Daughter 1658. But how this King of Sweden being now dead before March 1660 shall be successful in April either by Sea or Land I know not, his success in October & November is a flattering noise and nonsense indeed: and until this ginger takes Coach in a Cloud, and discover the true knowledge of the Planets, I am resolved to say there is as much certainty in Geomancy as there is in Astrology: for near this time the King will be Crowned in London: and I shall see Monarchy established 1662. in despite of all Merlines, Bulls, Bears, Moles, & Dunes Oxen, and such Cobwebs of folly. Now God defend! what will become of me? I do not flatter, lie, and deceive any man with false Predictions, I have not consulted these Independent Prophets, nor Anabaptists, nor Quakers, the Astrologers of this Religion shall pardon me for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; There is a Mystery in their profession, Coelum stellatum Christianam, A new Geomantic heaven fancied on the old Earth; here I look on this life as the progress of an Essence Royal: The Soul quit her Court to see this Country; Heaven hath in it a Scene of Earth; and had she been contented with Ideas, she had not traveled beyond this Map: But excellent patterns commend their Mi●es: Nature that was so fair in the Type, could not be a slut in the Anaglyph. This makes her ramble hither to examine the Medal by the Flask; but while she scans their Symmetry she forms it, thus her descent speaks her Original, God in love with his own beauty frames a glass to view it by reflection, and gives it a Law; but the frailty of the matter excluding Eternity, the composure was subject to dissolution. Ignorance gave this release the name of death, but properly it is the Souls birth and a Charter that makes for her liberty: she hath several ways to break up house, but her best is without a disease, this is her mystical walk, a exit only to return; when she takes air at this door, it is without prejudice to her tenement: thus I writ my fancies, and if the Roundheads like not my humour, let them not tell me of it, lest I laugh at them, etc. And now I will send a Genius whose name is Phoebus, a Spirit that rises like a man in the middle of Gemini, Phoebus, go to Whitehall and hear what News there is, that may make the poor honest Communality happy: and if nothing, but the King will Crown their desires, go find the King out, and bring me word again. His wingy shoes of gold he buckles on, With which fair plumes, for expedition, Bore him aloft, quite over Sea and Land With a swift gale; then quick he takes his wand, With which he calls the hideous Souls from Hell And others sends to Scotland's dungeon fell: He gives, bereaves sweet sleep, from death preserves, Therewith he drives the winds, & with winged nervs, Swims through the clustering clouds: and now in's flight Of craggy Atlas' tops and sides hath sight; Of Altas, whose huge height the Heavens do prop, On whose pine-bearing head black clouds do stop, And daily's girt, oft dashed with wind and rain, Thick drifts of Snow, do on his shoulders drain, Then down his Aged chin thick floods do flow, With frosty Ice his beard doth grisly grow; Cyllenius fluttering wings first stayed him here, And headlong hence to th'waves his corpse doth bear Much like a Bird, which 'bout the shores and sides, Of fish full Rocks, with hover smoothly glides, Above the waves, about the banks even so, Mercurius Phoebus did go too and fro; Flutter o'er Sea and Land, and winds, did s●ine, And Dunkirks sandy shore touch in a trine, His windy feet no sooner did alight On Brussels Towers, but strait he saw in sight Charles ●orts to raise, rooms to repair, And he himself girt with a hanger rare, With yellow Jasper stones like Stars bedecked, And a rich sword: In of rich respect. A Gold laced Scarlet cloak on's corpse cas● carelessly which rarely showed etc. Having thus found him, I humbly present, myself upon my knees before his Divine Majesty: Now I come to the matter in hand, and that which indeed I intent to say, is this, let Charles the Son of King Charles be King of England, for without the head, the body is dead; and these three Nations will never cease to be miserable, until such times as this King of Scots reign in the stead of King Charles, that was murdered at White hall; you may consider though many of the Kings of Judah, and Israel, were extraordinary sinful, Idolatrous, bloody, Tyrannical, and great oppressors of their people, yea shedders of Priests, and Prophets, and other good men's Innocent blood, not only in the wars, but in peace: yet there is no precedent in the old Testament of one King ever Judiciously impeached, arraigned, deposed, or put to death by the Congregation, Sanhedrin or Parliament of Judah, or Israel, but those who slew any of them in a tumultuous manner, or by Treason, were for the most part slain themselves, either in a tumult, or else put to death by their Children who succeeded to the Crown; or by the people of the Land: and that the Israelites, after their revolt from Rohoboam, had never any one good King, or good day almost among them: but were overrun with Idolatry, profaneness, Tyranny, invaded by enemies, involved in perpetual wars, civil or foreign, and at last all destroyed and carried away captive into Babylon, as the Book of Kings and Chronicles will inform you: that the Rule in the old Testament is, not to take any wicked King from their Thrones and behead them; but take away the wicked from before the King, and his throne shall be established in righteouness': And the Rule in the New Testament is to be subject to Kings, and the Higher power's, and to submit unto them even for conscience sake, and for the Lords sake, and to make prayers, supplications, and intercession for them, that under them we may lead a peaceable and quiet life in all godliness and honesty; for this is good and acceptable in the sight of God our Saviour: not to despose or shed their blood, for which their is no precept nor precedent in the Gospel, but only of the bloody Jews, who with wicked hands crucified Jesus Christ the King of the Jews by birthright, and Lord of glory, whom they rejected and disclaimed for their King, before they crucified him, which brought speedy and exemplary desolation upon their whole Nation ever since till now; And is not this plain way of God, the safest for you, and the Army and Cromwel's bloody Saints and Jesuits to follow, yea the short cut to peace and settlement? ruminate upon it, and then be wise, and bring the Kingdoms also, etc. Thus from my heart I wish England may Flourish in the Protestant Religion in peace and plenty under the Government of the King and Parliament. The Major, Aldermen, Merchants, Tradesmen, and Common people in general will never be happy until King Charles be Crowned King of England, and if you erect a figure of Astrology and project a figure of Geomancy in a Telesme, you shall find five Angels of God, Commissionated to fight for the King against those that oppose him, and these are their names Michael, Gabriel, Phoebus, Hamaliel, Muriel, and these command two Genij, Teriel, and Elim, to preserve him against one enemy, and his two servants Pallas, and Barchiel; but the Genij, keep him in the Protestant Religion against all Sects, in Charity and Prayer: Now it is a vain thing to fight against God, turn him a Papist or an Anabaptist etc. and these Angels will forsake him, and he shall lose his life or all that belong to his happiness in this world, etc. He that desires to know more of what shall come to pass, in England, Scotland, France, and Ireland, Spain, Italy, Sweden, Poland. etc. let him read my Book of Geomancy, entitled, by the Rosy Crucians, The Temple of wisdom, and he shall find what he desires and the Spirits that signify these things, and what strange things will happen in London before 1665. God bless the City from destruction, the Devil is willing to make war between the King, and Parliament, that Popery may be built upon their ruin, I desire mercy and truth may meet together, Righteousness, and peace kiss each other, then will England be happy From my house in Spittle-feilds next door to the red Lion, on the east side, London near Bishopgate this 27. of April 1660. John Heydon. On the Idea of the Law, retrived by his Ingenious Friend Mr. Jo. Heydon. Apélles' viewed the Beauties of all Greece, That he by them might limb a curious piece Resembling Venus; Heydon surely saw As many wits to Ideize the Law, In its perfection; so sublime a tract As this appears, may legally exact, A subsidy of praises, to ushered forth, By virtue of its own inherent worth, Great volumes are but the periphrasis Of what you have epitomised in this Plato's Lycurgus, Laws et Cetera. Are summed up by you in this Algebra; On this your Specilagium when I look, Each Paragraph presents me with a Book, And with an Idea th● n●r was known, To any age or person, but this one, The Macrocosm may be by this Law freed, From the Convultions Tyranny did breed; Platonic Laws shall be no more Divine Reputed, since we have these Laws of thine. Tho. Fige. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Monsieur Monsieur Jean Heydonsur son admirable Idee des to●h emciennes et moderns. LE grand flame beau du mond á toute sort Des animaux par ses caions confoote, Et toy (moncher Heydon) par ton espoit, Ecllairs nostr' ignoranle; ton esloist Par la recherche de ta belle Industrie A tracé les tenebras, et gueri, Nostr' avengless, les choses plus chachcés Rendant tóut claires et tóut Illumintés; Advance donc toutjours par ton ge●a á sutmonter les assauts de l'annie. LUIS FROISAND. Eque All molto Illustre amico mio honoratissimo Il Sigr. Giovanni Heydon soprá l'opera sua accuratissima l' Idea delle Leggi. IL Cielo, e terra, e tu●t ' i suoi se ereti Al tuo cercar' non resteranno cheti, Volgi, e vivolgi tutto, e non si trova Cosa ch' à tu' Ingegno sia nova; L' antico é novo à te, e non v' è cosa, Nova à tiche paja tenebrosa; E poiche tuito à tua vista appare, Noll' sdegniál Cieco se colo mostrare. Castruccio Castracani. Cavilero. THE PROAEMIUM. THE Idea of the Law you have read, being the only way to establish a good Government, and to Crown the People's desires with the King, and happiness: And this may be so strange and unexpected, That, the Defence itself, which should cure and cease your amazement, may not occasion in any passage thereof, any further scruple or offence: And this following, shall strengthen the foregoing discourse. And for my own part, I cannot presage what may be in any show of reason alleged, by any man against me, etc. unless it be: The Form of Government I would have; and the King enthroned: The Liberty, welfare, and prosperity of the people, etc. The Common Prayer, etc. In a word, Episcopacy will warrant the easy and familiar sense that I shall set upon The Idea of the Law in the literal meaning thereof, unto which if I advise, reasons from the pious prudence of the holy Lawgiver, showing how every passage makes for greater Faith in God, and more affectionate obedience to his Law; there will be nothing wanting I think, (though I shall sometimes cast in some notable advantages also from Critical Learning) that may gain belief to the truth of the King's Form of Government, etc. To prevent any further trouble in making good the sense I have put upon Monarchy, being the best Form of Government in the world, for the advantage of the people, I shall here at once set down the Tyranny of the Times: in one example of the Errors of the Laws of Oliver Cromwell, and his fellows: How much like the Popes, their Laws and Statutes were, The late King Charles his Law, shown the difference between true and false, just and unjust, honest and dishonest: But the Pope and the Emperor boast, that they have the Laws laid up in the chest of their breast, to whom Will alone serveth for Law, with the Arbitrement whereof they presume to judge and rule all Sciences, Arts, Scriptures, Opinions, and the works of men whatsoever they be: For this cause Leo the Pope, straightly commandeth all Christian people, That no man in the Church should presume to judge any thing, nor any man, to justify nor to discuss any matter but by the authority of the holy Councils, Canons, and Decretals, whose head is the Pope: and also, that you cannot use the determination of the best learned men, of all the holiest Divines, but so far forth as the Pope doth permit, and shall authorise by his Canons: And in another place the Canon doth forbid, that no other Volume or Book by the Divines, (yea throughout the whole world, saith he) but the same, which is allowed throughout the Romish Church by the Canons of the Pope: The like Laws the Emperor pretended to have in Philosophy, Physic, and other Sciences, granting no authority to any knowledge, but so much as is given them by the skilfulness of the Law, whereunto (as he saith) if all Sciences and Arts that are, be compared, they are all vile and unprofitable. For this cause Ulpian saith, the Law is King of all things, both Humane and Divine, whose virtue is, (as Oramasus saith) to command, to grant, to punish, to forbid, than which dignities there is found no Office more great: and Pomponius in the Laws, defineth, that it is the gift and invention of God, and the determination of all wise men: because these ancient Lawmakers, to the end they might purchase authority by their decrees among the ignorant people, they made semblance that they did as they were taught by the Gods: As you may read in my Preface of this Book. Behold now you perceive how the Pope's Law presumeth to bear sway over all things, and exerciseth Tyranny like O. Cromwell and his fellows: and how by woeful experience you see, it preferreth itself before all other Disciplines, as it were the first begotten of the Gods, doth despise them as vile, although it be altogether made of nothing else but of frail and very weak inventions and opinions of Vserpers, Rebels and Traitors: which in the fear of God do Rob and Murder even their King, which things be of all others the weakest, and will be altered very suddenly by Charles his son. The beginning of the sin of our first Parents when they were arrested, and carried into flesh, was the cause of all our miseries. Now the Law of the Pope, O. Cromwell, and his fellows proceeded from Tyranny and cruel usurpation, whose notable Decrees are these; It is lawful to resist force with force; he that breaketh promise with thee, break thou promise with him; it is no deceit to deceive him that deceiveth: a guileful person is not bound to a guileful person in any thing; blame, with blame, may be requited; Malefactors ought to rejoice, if justice nor faithfulness. Injury is not done to him that is willing: It is lawful for them that traffic, to deceive one another: The thing is so much worthy as it may be sold for: It is lawful for a man to provide for himself with the loss of another: No man is bound to an impossible thing; when it must needs be that you or I be confounded, I should choose rather that you be confounded than I; and many such things, which afterwards were written among the Roman Laws: and now lately practised since King Charles the First was murdered: Finally there is a Law, that no man should die for thirst, for hunger, for cold, or in Prison for debt; nor be put in Prison by his Creditor without six pence a day, and a penny loaf of bread, and two quarts of Ale every morning at eight of the clock. And if any be put in Prison upon the King's account, or at the King's suit, he ought to be allowed two shillings six pence a day, and two bottles of Wine; and the like Law ought to be given by all Governors of Countries, and duly paid every Saturday at five of the clock at night. And no man is bound to hurt himself by watching and labour. Afterwards the cruel Law of Nations arose, from whence war, murder, bondage were derived, and Dominions separated: after this came the Civil, or Popular Laws, from whence have grown so many debates among men, that as the Laws do witness, there have been made more businesses, than there be names of things; For, whereas men were prone and inclined to discord, the publishing of Justice, which was to be observed by means of the Laws was a necessary thing; to the end that the boldness of lewd men might in such wise be bridled, and among the wicked innocency might be safe, and the honest might live quietly among the dishonest: And these be the same so notable beginnings of the Law, wherein there have been innumerable Lawgivers, of which Moses was the first, etc. The Civil Law is nothing else, but that which men will do with a common consent, the authority of which is only in the King and the People: For without a King this is all void, and of none effect; for this cause Pheroneus saith, that the Laws bind us for no other cause, but that they have been approved by the judgement of the King and People; wherefore if any thing please the People and the King, this then standeth in force both by Custom and Ordinances of Law: although there appear Error, for common Error maketh Law, and the Matter judgeth Truth, which Ulpian a Tyrant, and a Lawyer in times past hath taught us in these words, viz. that he ought to be taken for a Freeman, of whom sentence hath been given, although in effect he be a Libertine, (that is to say) a bond man made Free, because the matter judged is taken for Truth. Mr. Jeremy Heydon saith, That one Sed● Mahomet Book●, a Barbarian who ran away from his Master, demanded at Rome the Praetorship, the which he administered, and at length was known; it was judged that none of those things should be altered, which he being a servant, did in the covering of so great a dignity; the same man after returned to Sally where he was Consul: And in Sidmouth in Devonshire, a Gentleman is so much esteemed for his royal heart to the King, and knowledge in matters of Justice, that many would that men should argue with his words. Seluhanus and Paulus, the best learned among the Romans say, For the use of the Pope, if a Cistern of silver be reckoned among silver, that it is understood silver, and not householdstuff, because, error maketh their Law; the same he openly confesseth of the Laws and Decrees of the Senate: that a reason cannot be given of all things, which have been ordained by our Elders. Hereof than you know, that all the knowledge of the Civil Law dependeth upon the only opinion and will of the King and People, without any other reason urging & enforcing to be so, then either the honesty of manners, or commodity of living, or the authority of the King, or the force of Arms, which if it be the Preserveress of goodmen, and the Revengeress of wicked men, it is a good Discipline: It is also a most wicked thing, for the naughtiness which is done, when the Magistrate or the King neglecteth it, suffereth it, or alloweth it: But that more is, the opinion of Demonartes, was, that all Laws were unprofitable and superfluous, as they which were not made neither for good, nor ill men, forasmuch as they have no need of Laws, and these be made never the better for them: Furthermore Sinensis confesseth, that unless any Law can be made, which to all men may be profitable, & in that which very often it doth happen, that Equity fighteth with the rigour of the Law Maim●n also defining equity, calleth it the Correction of a righteous Law, in which point he faileth, because it is made generally. Is it not then sufficiently declared by this alone, that all the force of the Law and Justice doth not so much depend upon the Laws, as upon the honesty and equity of the Judge? Another error proceeds from the Civil law to the Canon Law, or the Pope's Law: which to O. Cromwell and his Fellows the Fanatique Parliamentiers appeared most Holy, so wittily it doth shadow the Precepts of Covetousness, and manners of robbing under the colour of Godliness, albeit there be very few things ordained appertaining to Godliness, to Religion, to the worshipping of God, and the solemnity of the Sacraments: I will not speak of some which are contrary and repugnant to the Law of God, I accuse not D. Owen Vicechancellor of Oxford, he knows them; all the residue are nothing but contentions, strifes, pride, pomp, means to gain riches, and the decrees of the Popes of Rome, to whom the Canons be not sufficient, which were in time passed made by the holy Fathers, except they continually add to them new Decrees, extravagancies, Declarations, and Rules of Chancery, so that there is no end nor measure of making Canons, which alone is the ambition and desire of the Bishops of Rome (that is to say,) to make new Canons, whose arrogancy is grown so far, that they have commanded the Genii and Angels in Heaven, and have presumed to rob and bring their booty out of Hell, and to put in their hands among the spirits of the dead: and on the Law of God also they have sometimes exercised their Tyranny, interpreting, declaring, and disputing, to the end that nothing might want, or be derogated from the greatness of his power. Is it not true, that Pope Clement in that Leaden Bull, which at this day is yet kept in Lievorno, vulgarly called Legorn, and at Venice, and in other places in Italy, in the Coffers of Privileges, commandeth the Angels of Heaven, that they should bring into everlasting joys the soul of him that useth to go in pilgrimage to Rome for Indulgences, and there dying, being delivered out of the pains of Purgatory; saying moreover, We will not in any wise that he go to the pains of Hell: granting also to them that be signed with the Cross, that at their Prayers they may take three or four souls out of Purgatory, which they list; which erroneous and intolerable Tymerity, I will not say Heresy, the Schools of London in the King's time openly detested and abhorred: But the Fanatic Parliament intended very shortly, if Kings Charles the Second do not come the sooner, to interrupt the Hyperbolical zeal of Clement with some Anabaptistical godly shaking Invention, that the thing may rather flourish then perish; seeing that for their affirming, or denying, nothing is altered in the deed and authority of the Pope, whose Canons and Decrees have in such sort bound all Episcopacy and Presbytery etc. in a cord for Damnation, because they detest the Pope's Canons; and after this example they fear their own Clergy, so that none of all their Divines or Jesuits, be he never so contantious, dareth to determine; no not imagine or dispute any thing contrary to the Pope's Canons, without protestation and leave. Furthermore we have learned out of these Canons, and Decrees, that the Patrimony of Christ, his Kingdoms, Castles, Donations, Foundations, Riches and Possessions, and that Empire and Rule, belongeth to the Bishops and Priests of Christ, and to the Prelates of the Church, and the Jurisdiction and Temporal Power is the Sword of Christ; And that the Person of the Pope is the Rock, being the foundation of the Church, that the Bishops are not only the Ministers of the the Church, but also Heads of the Church; and that Evangelical Doctrine, the fervency of Faith, the contempt of the world, are not only the goods of the Church, but Revenues, tenths, Offerings, collections, Purples, Mitres, Gold, Silver, Pearl, Possessions, and Money, and that the authority of the Pope is to make war, to break truce, to break oaths, and to assoil from obedience, and of the House of Prayer to make a den of Thiefs; and so the Pope can depose a Bishop without cause; and Oliver Cromwell could cut off Doctor John Huit his head by the same rule. The Pope can give that which is another man's; Cromwell and the Fanatique Parliament, after the same precedent, sold the King's Lands, and the Church Lands: that he can commit Simony, that he can dispense against his vow, against his Oath, against the Law of Nature: And did not Cromwell and his Fellows do so too, and none may say unto him, Why dost thou this? And also he can, as they say, for some grievous cause, dispense against all the New Testament; and to draw not only a third part, but also the souls of the faithful into Hell. That the duty of Bishops is not now as it was in time past to preach the Word of God; with Crosses, to Confirm children to give Orders, to Dedicate Churches, to Baptise Bells, to hollow Altars, and Chalices, to Consecrate and bless Vestments and Images, and Geomantical Telesmes, which esteem their wits more meet for higher matters, and leaving the charge to certain Bishops, which have nothing else but the Title, go in Embassage to Kings; they be Precedents of their Oratories; or attend upon Queens; excused for a sufficient great and weighty cause not to serve God in Churches; so that they royally honour the King in the Court: Hereof these Cautles took their beginnings, by means whereof at this day without Simony Bishoprics & Benefices be bought & sold; and moreover, what Fairs and Markets soever be in Pardons, Grants, Indulgences, Dispensations, & such like manner of robberies, by whom also there is a price set in the free remission of sins given by God, there is found a Mean to gain by the punishments of Hell. Furthermore, that false Donation of Constantine proceeds from this Law, albeit in effect, and with the Testimony of God's Word, Caesar cannot leave his charge, neither the Parson of the Clergy ought to usurp the things that belong to Caesar, but of infinite Laws of Ambition, of Pride, and of Tyranny: These are Errors crept in with Cromwell amongst the Laws of England. He that will diligently examine the Laws and Statutes of Rome, shall find how much the Fat Fa●atique Parliament hath borrowed of them, and corrupted our Laws. But the Idea of the Law will put all in Order. The Method and Rules you read before. Another Error in Laws you shall perceive in the great and marvellous hidden Mysteries of the Canons, which some Popes of Rome do fructify, turning also the things which are spoken elsewhere in the holy Scripture, and sometimes counterfeiting them, and with these their devises likening and applying them; from hence sprung those Concordance, as Dr. Owen calls it, of the Bible, and of the Canons. Moreover than this so many titles of Robberies, of Cloaks, of Indulgences, of Bulls, of Confessionals, of Pardons, of Rescripts, of Testaments, of Dispensations, of Privileges, of Elections, of Dignities, of Prebends, of Houses, of Holy Churches, of Liberties, of the place of Judgement, of Judgements, etc. Finally, the whole Canon Law is of all the most Erroneous and Deficient; and that same Christian Religion, at the beginning whereof Christ took away Ceremonies, hath now more than ever the Jews had, the weight of which being put thereto, the light and sweet yoke of Christ is become much more grievous than all the rest, and the Christians are enforced to live rather after the order of the Canons, then after the Gospel. It is a great error, when the whole knowledge of both Laws is occupied about nothing but transitory, frail, flitting, and vain things, worldly affairs, intercourses, enmities of the Canons, about the murders of men, robberies, thefts, spoils, factions, conspiracies, wrongs, Treasons, and the cases of the Censorian Courts. Moreover than this, Perjuries of witnesses, falsifications of Notaries, conclusions of Advocates, corruption of Judges, ambitions of Counsellors, Revenues of Precedents, by whom widows are oppressed, Pupils undone, good men exiled, poor men trodden under foot, innocents' condemned; and as J. Cleveland saith, The Crows unharmed escape, the Doves be vexed sore: And blind men have altogether prepared for themselves, and incurred those things which they have thought themselves to eschew by the means of the Laws and Canons, because these Laws and Canons come not from God, nor be addressed to God, but are derived from the corrupt nature and wit of men, and are invented for gain and covetousness. To follow my Idea and Method of Law, which is Monarchical and Episcopal, you must next in order correct another Error in the practice of the Law, which is full of deceits, craftily set out with a colour of persuasion, which is nothing else, but to know how to entreat the Judge gently with persuasion, and to know how to use the Laws of their fantasy, or else inventing new cases and strange Pleas, to make and unmake all Laws according to their pleasure, or to avoid them with all manner of subtle slights, or to prolong deceitful controversy, to allege the Laws in such wise, that the Praetorian Court is turned into falsehood; to entangle the Authority of the Attorneys in such sort, that the meaning of the Lawmaker is subverted; to cry out with a loud voice; to be shameless, presumptuous, and clamorous, and obstinate in pleading, and declaring; and he is accounted the best Practitioner, which allureth most to variance, and putteth them in hope to overcome, persuadeth them to go to Law, and incenseth them with wicked counsels, which seeketh for appeals, which is a notable Barrator, and Author of variance, which with the babbling and force of his tongue, can prate of every thing, and also can make one case better than another, with conveyances of Judgements, and by this means to make true and righteous things appear doubtful and naught, and with their arms to banish, destroy, and overthrow Justice. That nothing may defile the Idea of the Law; you must correct the blots and errors of the Proctors and Notaries: whose injuries, damages, naughtiness, and falsities you patiently endure, forasmuch as they seem to have gotten credit, licence and power to do all things through Apostolic and Imperial authority; and among them, they be the chiefest, which know best how to trouble the place of Judgement; to cause Controversies; to confound causes; to forge false Wills, Obligations, Supplications, and Writs; to know also excellently to deceive, beguile, and when it is needful to forswear and write false; to dare to do all mischiefs, and suffer not themselves to be overcome by any in imagining deceits, wiles, crafts, malicious alterations, snares, entrappings, subtle practices, encumbrances, controversies, circumventions, Scylla's and Charibdis': Furthermore, no Notary can make so sure an instrument: as Mr. Michael Petty terms it, but that it is necessary to go to Law afresh, if any adversary will go about to disannul the same; For he will say, either there is something left out, or that there is deceit, or else he will lay some other exception or demur, to impugn the credit of the Bill, Bond, Lease, Deed, or Mortgage, or other: And these be the remedies of the Law, whereunto they teach contentious persons to flee: these be the watches unto which William Hill Esq saith that the Law giveth succour, except there be some that had rather fight then strive: For he shall have so much Law, as with his power he shall be able to defend: wherefore the Law saith, that we cannot resist them that be stronger than us: The Lawyers of all Courts of Judicature interpret diversely one from another; And I have a Controversy with them, as sometime my Predecessor Doctor Nicholas Culpeper had with the College of Physicians; he desired the health of his poor Countrymen, amending the Bill of the Doctors, and prescribed good Medicines for poor people, and being envied, it is supposed he was poisoned. Now I hope to correct the Errors of the Law by the Idea, and as briefly as I can I have showed what is good, and what is evil. But indeed they have brought forth with most unhappy fruitfulness, so many storms of Opinions, and so many Annotations of most subtle Counsels, and Cautles, with which naughty Practices Attorneys are instructed and maintained: which do so much bind their reputation with the famous memory of those Laws through ever● Period, as my beloved Friend Mr. Windsor Chumbers' terms them Paragraphs, as though the verity consisteth not rather in reasons, then in confused testimonies drawn out of the vile multitude of very obstinate and trifling persons, among whom is so much deceit, wrangling and discord, that he which disagreeth not from others, (as I have heard an ingenuous man, and no Lawyer) Mr. Heydon say; He that knoweth not how to gainsay other men's words with new opinions, and bring all apparent things in doubt, and with doubtful Expositions to apply well invented Laws to their devises, is accounted little or nothing learned, etc. I have heard another industrious man, Mr. William Hobbs the Astrological Fencer say, All the knowledge of the Law is become a naughty Counsel and a deceitful not of iniquity. Now I am ashamed to see how England is Governed; and what strange Laws and Statutes are established to abuse the simple honest people by Fanatique Parliamentiers. These hate the King; and from these come those gorbellied Committee of Safety, and the Grand Oliver; who hurl low Secretaries into places of honour undeserved, and base people into places of preferment, to whom all matters of weight be committed, which sell and compel men to buy of them all things, Placards of the Tyrant Protectors gifts, Benefices, Offices, Dignities, Letters of Cromwell, or the Parliament, and Writs, moreover right, Justice, Law, Equity, and honesty: Sometimes it fortunes according to the judgement of Chancellors and Secretaries, the friends and enemies of Kings are reckoned, with whom according to their pleasure they sometime make League, and sometime make mortal War. And when they from most base estate, by means of a most covetous selling of their voice, have climbed to so high a degree of Dignity, they have therewithal such a mischievous boldness, that sometimes they dare condemn Kings, and without determination of the Council, and without declaring the cause, do condemn them to be Beheaded; and thus have they transferred us to misfortune; they being now puffed up with Pride by robbing and spoiling, thieving, pilfering, plundering, breaking of houses, and Sequestering the people, and taking away their riches, etc. You have now also read the Errors of the Law: And you see how necessary it is for to Crown King Charles: That the Idea of the Law may with Mercy and Truth, Righteousness and Peace be practised and established in the three Kingdoms, England, Scotland, and Ireland, to the glory of God, and the good of our Country: Thus have you the Idea of the Law clarified, and the dross taken from it; being fit now to establish in a happy Commonwealth under the Government of King Charles. May the 2. 1660. John Heydon. THE IDEA OF GOVERNMENT. THe first Rule that I laid down in my Introduction to the defence of the Idea of the Law, I need not here again repeat, but desire all Gentlemen only to carry it in mind: I have shown you the Errors of the Law, in all Courts, and have done what lies on my part, that you may peruse this Defence of my Idea of the Law, without any rub or stumbling: let me now request but one thing, which you are bound to grant; which is, that you read my Defence without Prejudice, and that all along, as you go, which is but a little way, you make not your recourse to the customary conceits of your fancy, but consult with your free Reason, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Plato, De Leg. For Custom is another Nature; and therefore those conceits that are accustomary and familiar, we unawares appeal too, as if they were indeed the Natural light of the mind, and her first common notions. 2. Now before I can represent unto you the Idea of the Law, you must Crown King Charles the Second, Son of King Charles the first, lately murdered, and then I shall show you the frame and fashion of the Just Notion of the Idea of the Law in General, according to my Telesmatical Genius; and Hortensius gives this shadowy interpretation of it: Lex est quaedam regula & mensura secundam quam inducitur aliquis ad agendum, vel ab agendo retrahitur; but Heliani● offended with the latitude of this definition, esteems it too spreading and comprehensive, as that which extends to all Natural, I, and to Artificials too: for they have Regulas & mensuras operationum. Thus God has set a Law to the waves, and a Law to the winds; Nay, thus Clocks have their Laws, and Lutes have their Laws; and whatsoever have the least appearance of motion, has some rule proportionable to it, whereas these workings were always reckoned to be at the most but inclinations, and Pondera, and not fruits of a Legislative Power. But yet the Apostle Paul to slain the pride of them that gloried in the abuse of the Law, ruining many poor people for a fee, calls such things by the name of Law, as were most odious and anomalous; thus he tells you of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; though sin be properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thus he mentions Legem membrorum, the same which the Lawyers call Legem fomitis. 3. And yet this is sure, that a rational creature is only capable of a Law, which is a moral restraint, and so cannot reach to those things that are necessitated to act ad extremum virium. 4. And therefore Cook does give you a more refined interpretation, when he tells you Lex est mensura quaedam actum, moralium, ita ut per Conformitatem ad illam, Rectitudinem moralem habeant, & si ab illi discordent, obliqui sint. A Law is such a just and regular turning of actions, as that by virtue of this, they may conspire into a Moral music, and become very pleasant and harmonious. Thus Plato speaks much of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is in Laws. After this he does altogether discourse of Harmony, and does infinitely prefer mental and intellectual Music, those powerful and practical strains of goodness, that spring from a well composed spirit, before those delicious Blandishments, those soft and transient touches that comply with sense, and salute it in a more flattering manner; and he tells you of a spiritual dancing that is answerable to so sweet a Music, to these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, whilst the Laws play in Consort, there is a chorus of well-ordered affections that are raised and elevated by them. And thus, as Aristotle well observes, some Laws were wont to be put in verse, and to be sung like so many pleasant Odes, that might even charm the people into obedience. 5. 'Tis true, that conceited Philosopher gives the reason of it, they were put into verse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that they might remember them the better: But why may not I add a reason also to share with it, that they might come with a greater grace & allurement, that they might hear them as pleasant as they would do the voice of a Vial, or an Harp, that has Rhetoric enough to still and quiet the evil Spirit? But yet this does not sufficiently paint out the being of a Law, to say, that 'tis only regula & mensura: and Littleton himself is so ingenious as to tell me, that he cannot rest satisfied with this Interpretation, which he wrote but with a blunt pen. And therefore I will give him some time to engross it fair. And in the mean time I will look upon that speculative Lawgiver, Plato I mean, who was always new modelling of Laws, and rolling Political Ideas in his mind. 6. Now you may see him gradually ascending and climbing up to the description of a Law, by these four several steps, and yet he does not reach the top and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of it neither. First he tells me that Laws are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, such things as are esteemed fitting: but because this might extend to all kind of Customs too, his second thoughts limit and contract it more, and tells me that a Law is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Decretum civitatis, yet because the Mass and bulk of people, the rude heap and undigested lump of the multitude may seek to establish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as he calls it, therefore he bethinks himself how to purge out the dross from it, and tells me in the next place that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, inventio ejus quod verè est, where it is very remarkable what this Philosopher means by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by which he is wont usually to point out a Deity, which is styled by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but it is not capable of this sense here, for thus Laws are not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Lex est inventio vel donum Dei, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore in this place speaks these two particulars, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. for all rectitude has a being, and flows from the Fountain of being, whereas obliquities and irregularities are mere privations, and nonentity; and 'tis a notable speech in Plato, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very same expression which the Apostle gives to the Law of God, when he calls it The Royal Law; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 implies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; every thing that is profitable, has a being in it, but you can gather no fruit from a privation; there is no sweetness in an obliquity, and therefore a Law is a wholesome mixture of that which is just and profitable. Thus do I interpret the first, second and third Paragraphs of my Idea of the Law, and this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Plutarch speaks, whereas Turpe praeceptum non est Lex, sed iniquitas, for obligation that's the very Form and Essence of a Law: Now every Law Obligat in Nomine Dei; but so glorious a Name did never bind to any thing that was wicked and unequal, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and that only is countenanced from heaven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the Golden chain of Laws, 'tis tied to the chair of Jupiter; and a command is only vigorous as it issues out either Immediately or remotely by the Genii from the great Sovereign of the world: So that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is my Foundation of the Idea of the Law. And in all true kinds of Government, there is some Supreme Power derived from God himself, and fit to contrive Laws and Constitutions agreeable to the welfare and happiness of those that are to be subject to them: and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the Rosy Crucians are the fittest makers of Laws. 7. Plato did not lay stress enough upon that binding virtue, which is the very sinew, nay life and soul of a Law, according to my fifth Paragraph; That these three Descriptions, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, intent only humane Laws, and so are engrossed fair, for the pure notion of a Law in general. 8. And though the same other branch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, may seem to defend my Idea, yet it is too obscure too much in the clouds, to give a clear manifestation of the Idea of the Law; and yet Aristotle does not in this supply Plato's defects, but seems rather to Paraphrase upon the descriptions, or rather Interpretations of Humane Laws, and tells me in more enlarged language, that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where yet he cannot possibly mean that every individium should give his suffrage, but certainly the Representative consent of the whole will content him. 9 But I see these ancient Philosophers are not so well furnished to lend me any thing to defend my Idea of the Law: But I must return to London again, and see what assistance William Prinne Esq and other Lawyers of the Temple will lend me; who by this time have licked their former Interpretations into a more comely form. I will look upon W. Prinne Esq first, Lex (says he) est ordinatio rationis ad bonum Commune ab eo qui curam habet Communitatis promulgata. It is a rational Ordinance for the advantage of the Public good, made known by that power, which has care and tuition of the Public. 10. And Judge Roll, his Picture of a Law, now, that it is fully drawn after Littleton, by Cook, and then by Roll, hath much the same Aspect, Lex est Commune Praeceptum, Justum ac stabile, sufficientur Promulgatum. A Law is a Public Command, a just and command, lifting up its voice like a Trumpet, and in respect of the Lawgiver, though it be praesupponere actum intellectus, as all acts of the will do: yet it does formally consist in actu voluntatis; not the understanding, but the will of a Lawgiver makes a Law. But in respect of him that is subject to the Law, it does consist in actu Rationis; 'tis required only that he should know it, not in actu voluntatis, it does not depend upon his obedience. The want of his will is not enough to enervate and invalidate a Law when 'tis made; all Laws than would be abrogated every moment: His will indeed is required to execution and fulfilling of the Law, not to the validity and existence of the Law. And thus all the Laws of God do not at all depend upon the will of man: (and thus interpret my seventh Paragraph of the Idea of the Law:) but upon the power and will of the Lawgiver. Now in the framing of every Law there is to be Intentio boni communis; and thus that speech of L. Verulam, Vtilitas Justi propè mater, & aequi, if it be took in this sense, in which 'tis thought he meant it, is not so much as tolerable Lawgivers should send out Laws with Olive branches in their mouths; they should be fruitful and peaceable; they should drop sweetness and fatness upon a Land: Let not then Brambles make Laws for Trees, as O. Cromwell and his fellows did for King Charles, and his Dukes, Earls, and Lords, etc. lest they scratch them and tear them, and write their Laws in blood, as you have seen lately. 11. But King Charles will send out Laws, as the Sun shoots forth his Beams with healing in his wings. And thus that elegant Plutarch speaks. God (says he) is angry with them that sergeant his Thunder and Lightning, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, his Sceptre, and his Thunderbolt, and his Trident, he will not let them meddle with these. He does not love they should imitate him in his absolute Dominion and Sovereignty, but loves to see them darting out those warm and amiable, and cherishing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, those beamings out of Justice, and goodness, and clemency. And as for Laws, they should be like so many green, and pleasant pastures, into which these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to lead their flocks: where the people may feed them sweetly and securely by those refreshing streams of Justice, that run down like water, and righteousness like a mighty Torrent. And this Consideration would sweep down the Cobweb-Laws of Bradshaw, Lenthall, Prideaux, Oliver Cromwell, and the Fanatique Parliament, etc. that argue only the venom and subtlety of them that spin them; this would sweep down many an Achitophel's web, and many an Hamon's web, many an Herod's web, and every Spider's web in England that spread Laws only for the cathing and entangling of weaker ones; such Lawgivers are fit to be Domitian's Playfellows, that made it his Royal sport and past-time to catch Flies, and insult over them when he had done. Whereas a Law should be a staff for a Commonwealth to lean on, and not a read to pierce it through, Laws should be cords of love, not nets and snares; Hence it is that those Laws are most radical and Fundamental, that principally tend to the conservation of the Vitals and Essentials of a Kingdom; and those come nearest the Law of God himself: as I interpret my eight Paragraph of the Idea of the Law; and are participations of that Eternal Law, which is the Spring and original of all inferior and derivative Laws, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Plato speaks: and there is no such public benefit, as that which comes by Laws: For all have an equal interest in them, and privilege by them. And therefore as Aristotle speaks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A Law is a pure intellect, not only without a sensitive appetite, but without a will. 'Tis pure Judgement without affections; a Law is impartial, and makes no Factions; and my Idea of the Law cannot be bribed, though the Judge may; and that Philosopher does pretty well prosecute this; If you were to take Physic, than indeed it is ill being determined by a Book, it is a dangerous taking a printed Receipt, you had better leave it to the breast of the Physician, to his skill and advice who minds your health and welfare, as being most for his gain and credit. But in point of Justice the case is very different: you had better here depend upon a Rule, then to leave it to the Arbitrary Power of a Judge, who is usually to decide a controversy between two; and if left to himself, were apt to be swayed and biased by several interests and engagements, which might incline him to one more than another. Nay, now that there is a fix● Rule, an Law, yet there is too much partiality in the application of it; how much more would there be, if there were no rule at all? 13. But the truth is, the Judge should only follow the ultimum & practicum dictamen legis; his Will, like a Caeca potentia, is to follow the Novissimum lumen intellectus of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to rule and guide him, and therefore Justice was painted blind, though ipsa Lex be oculata, for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the Will is to follow the ultimum nutum capitis, the meaning of the Law in all Circumstances. 14 In a Lawgiver, there is to be Judicium & Prudentia Anchitectonica ad ferendas leges, the Egyptian Hieroglyphic for Legislative power, was oculus in sceptro: and it had need be such an eye that can see both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; it had need have a full and open Prospect into public affairs, and to put all advantages into one scale, and all inconveniences into another. 15. To be sure that the Laws of God they flow from a fountain of Wisdom; and the Laws of men are to be lighted at this Candle of the Lord, according to the sense of the ninth Paragraph of the Idea of the Law, which he hath by a Genius set up; and those Laws are most potent and prevalent that are founded in light, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Other Laws are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they may have an iron and adamantine necessity; but the other have a soft and downy persuasion going along with them, and therefore as he goes on, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Reason is so beautiful, as that it wins and allures, and thus constrains to obedience. There is to be Sigillum Legis, I mean Electio & determinatio Legis, after a sincere aim at public good, and a clear discovery of the best means to promote it, there comes then a fixed and sacred Resolution, Volumus & statuimus, this speaks the Will of the Lawgiver, and breaths life into the Law, it adds Vigour and Efficacy to it, But yet notwithstanding, 16. There must be Vox Tubae, that is, Promulgatio & Insinuatio Legis, The Law is for a public good, and aught to be made known in a public manner: for as none can desire an unknown good, so none can obey an unknown Law; and therefore invincible ignorance doth excuse; for else men should be bound to absolute impossibilities. But whether it be required to the publishing of a Law that it should be in a way of writing, which is more fixed and durable, or whether the manifestation of it in a vocal or oral manner will suffice (which yet is more transient and uncertain) I leave the Lawyers and Statesmen to dispute it. This I am sure, that all the Laws of God are proclaimed in a most sufficient and emphatical manner. And thus much in defence of my ten Paragraphs. Next in order I shall give you the sense of the Eternal Law of Jesus Christ. Now I am come to the Spring and Original of all Laws, That fountain of Law, out of which you may see the Law of Nature bubbling and flowing forth to the sons of men: for as L. Verulam doth very well tell me, The Law of Nature is nothing, but Participatio Legis aeternae in rationali creatura, the copying out of the eternal Law, and the imprinting of it upon the breast of the rational being: that eternal Law was in a manner incarnated in the Law of Nature. 17. Behold all the Verses to the thirty fifth Paragraph, and they are so clear and plain, that there is no need of any farther explication or defence; for this Law is not really distinguished from God himself in Trinity and Unity: Nil est ab aeterno nisi ipse Deus, so that it is much of the same nature with those decrees of his, and that providence which was awake from everlasting. For as God from all eternity by the hand of infinite wisdom did draw the several faces and Lineaments of being, which he meant to show in time; so he did then also contrive their several frames with such limits and compass, as he meant to set them; and said unto every thing, Hither shall thou go, and no farther. 18. This the Platonists would call, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and would willingly heap such honourable Titles as these, Prophetically upon it, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And the greatest happiness that other Laws can arrive unto, is this, that they be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, ministering and subservient Laws: as you shall find them in the one hundred and thirty Paragraphs of my Idea of the Law, waiting upon this their Divine royal Law, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Or as they would choose to style them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, some shadows and appearances of this bright and glorious Law, or at the best they would be esteemed of them but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the noble Offspring and Progeny of Laws, blessing this womb that bore them, and this breast that gave them suck. 19 And now the Law of Nature would have a double portion, as being Lex primogenita, the firstborn of the Law of God, and the beginning of its strength. Now as God himself shows somewhat of his face in the glass of his creature, so the beauty of this Law gives some representations of itself in those pure derivations of inferior Laws that stream from it: And as we ascend to the first and supreme being, by the steps of second causes; so we may climb to a sight of this eternal Law, by those fruitful branches of secondary Laws, which seem to have their root in earth, when as indeed it is in heaven; and that I may vary a little that of the Apostle to the Romans, The invisible Law of God long before the creation of the world, is now clearly seen, being understood by those Laws which do appear, so that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manifested in them, God having shown it to them. Thus as the Lawyers say well (Omnis Lex participata supponit Legem per essentiam) every impresion supposes a seal from whence it came; every Ray of light puts you in mind of a Sun, from which it shines Wisdom and power; these are the chief Ingredients into a Law; Now where does Wisdom dwell, but in the head of a Deity: and where doth Power triumph, but in the Arm of Omnipetency? 20. A Law is born Ex cerebro Jovis, and it is not brachium seculare, but Co●leste that must maintain it: even humane Laws have their virtue radicaliter & remote (as Atturney's declare) from the Revolution of Law. Thus Tully expresses the Descent of Laws in this golden manner, Hanc video sapientissimorum fuisse sententiam, Legem namque hominum ingeniis excogitatam, neque scitum aliquod esse populorum, sed aeternum quiddam quod universum mundumregeret imperandi prohibendique sapientia: Ita Principem illam Legem & ultimam mentem dicebant omnia ratione ●ut cogentis, aut vetantis Dei: (i. e.) Wisemen did ever look upon a Law, not as one a spark struck from humane intellectuals, not blown up or kindled with popular breath, but they thought it an eternal Light shining from God himself, irradiating, guiding, and ruling the whole Universe; most sweet and powerfully seeing what ways were to be chosen, and what to be refused: and the mind of God himself is the centre of Laws, from which they were drawn, and into which they must return. 21. And Doctor Flood R. C. a Learned Philosopher by fire in his Alphesi, Inventious, Contemplative, or in discourse, seems to resolve all Law and Justice into the Primitve and eternal Law, even God himself: for thus he told me, Justice doth not only (says he) sit like a Queen at the right hand of Jupiter when he is upon his Throne, but she is always in his bosom, and one with himself, is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, As he is the most Ancient of days, so also is he the most ancient of Laws; as he is the perfection of beings, so is he also the rule of operations. 22. Nor must I let slip that passage of Plato, where he calls a Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Golden Sceptre, by which God himself Rules and Commands: for as all Protestant Kings have a bright stamp of Divine Sovereignty, so his Justice, Kings and Laws are anointed by God himself, and most Precious oil drops down upon them to the Skirts of a Nation. And the Divine and Natural Jdea of the Law had the oil of gladness poured upon it above its fellows. 23. So then, that there is such a primo and Supreme Law is clear, and unquestionable, Moses is sufficient defence for that: But who is worthy to unseal and open this Law, and who can sufficiently display the glory of it, you had need of a Moses that could ascend up into the Mount, and converse with God himself, and yet when he came down he would be feign to put a veil upon his face, and upon his expressions, lest otherwise he might dazzle inferior understandings, but if the Lawgivers will satisfy you (and you know some of them are styled Angelical, and Seraphical) you shall hear, if you will, what they I say to it. 24. Now this Law according to them is Aeterna quaedam ratio practica totius dispositionis, & gubernationis universalis, 'Tis an eternal ordinance made in the depth of God's Infinite wisdom for Regulating & governing the whole world, which yet had not its binding virtue in respect of God himself, who has always the full and unrestrained Liberty of his own Essence, which is so infinite, and that it cannot bind itself, and which needs no law, all goodness and perfection being so intrinsecall and essential to it: but it was a binding determination in reference to the Creature, which yet in respect of all Irrational beings, did only fortiter inclinare, but in respect of Rationals, it does formaliter obligare. 25. By these thirty five verses of this great and glorious Law, you must understand, every good Action was commanded, and all evil was discountenanced, and so bidden from everlasting; according to this Righteous Law all rewards and punishments were distributed in the eternal thoughts of God. At this command of this Law all created beings took their several ranks and stations, and put themselves in such operations as were best agreeable and conformable to their beings; by this Law all essences were ordained to their ends by most happy and convenient means. The life and vigour of this Law sprang from the will of God himself, from the voluntary decree of that eternal Lawgiver, minding the public welfare of beings: who when there were heaps of varieties and possibilities in his own most glorious thoughts, when he could have made such or such words in this or that manner, in this or that time, with such species that should have had more or fewer individuals, as he pleased, with such operations as he would allow unto them, he did then select and pitch upon this way and Method, in which you see things now constituted; and did bind all things according to their several capacities to an exact and accurate observation of it. 26. So that by this you see how those Divine Ideas in the mind of God, and this Idea of the Law, do differ. I speak now of Ideas, not in a Platonical sense, but in a Lawyers, or my own (unless they both agree, as some would have them) for Jdea est possibilium, lex tantùm fa●urorum, God had before him the picture of every possibility, yet he did not intent to bind a possibility, but only a futurity, besides Ide'as they were situated only in the understanding of God; whereas a Law has force and efficacy from his will; according to that much commended saying of my Kinsman Mr. Thomas Heydon, in Coelesti & Angelica curia, voluntas Dei lex est, And then Idea does magis respicere Artificem, it stays there where first it was: but a Law does potius respicere subditum, it calls for the obedience of another, as Mr. Sarjeant Twisden does very well difference them. 27. Neither yet is this Idea of the Law the same with the providence of God, though that be an Jdea also, but as Mr. Cook speaks, So Lex se habet ad providentiam, sicut principium generale ad particulares conclusiones, or if you will, sicut principia primae practicae ad prudentiam; his meaning is this, that providence is a more punctual particular application of this binding rule, and is not the Law itself, but the superending power, which looks to the execution and accomplishment of it, or as Judge New degate said, lex dicit jus in Communi Constitutum, providentia dicit curam quae de singulis actibus haberi debet. Besides a Law in its strict and peculiar Notion does only reach to rational things, whereas providence does extend and spread itself over all. But that which vexes the Lawyer most, is this, that they having required promulgation, as a necessary condition to the existence of a Law, yet they cannot very easily show how the Idea of the Law should be published from everlasting: But the most satisfactory account that can be given to that, is this, The other Lawgivers being very voluble and mutable, before their mind and will be fully and openly declared, they may have a purpose indeed, but it cannot be esteemed a Law; But in God there being no variableness nor shadow of turning, this his Law has a binding virtue as soon as a being: Yet so, as that it does not Actually and formally oblige a Creature, till it be made known unto it: either by a Genius familiar, or some Revelation from God himself, which is possible only, or else by the mediation of some other Law: of The Idea of the Law, which is the usual and constant way that God takes for the Promulgation of this his eternal Divine Idea of the Law, for that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, That sacred manu-script which is writ by the finger of God himself in the hears of man, is a plain transcript of this Original Law, so far as it concerns man's welfare: And this Genius you see doth most directly bring me to search out the Natural Idea of the Law: and this is the interpretation of thirty five paragraphs: I shall in order lay down the cause of the nature of the Idea of the Law concerning its subject, and interpret sixty three paragraphs: and give you the Divine sense of them, and you shall see the soul of the Jdea of the Law where it lies under the sense of the letter etc. 28. That Law which is intrinsecall and Essential to a Rational Creature, is Natural, and such a Law is as necessary as such a creature; for such a creature as a creature hath a superior to whose providence and disposing it must be subject, and then as an Intellectual Creature it is Capable of a Moral Government, so it is very suitable and connatural to it to be regulated by a Law, be giuded and commanded by one that is Infinitely more wise and intelligent than itself is: and that minds its welfare more than itself can, Insomuch that the most bright and eminent Creatures, even Angelical beings, and glorified souls are subject to a Law, though with such an happy privilege, as that they cannot violate and transgress it; whereas the very dregs of entity, the most ignoble beings are most incapable of a Law: for you know Inanimate beings are carried on only with the vehemency and necessity, of Natural inclinations: Nay sensitive beings cannot reach or aspire to so great a perfection as to be wrought upon in such an illuminative way as a Law is: they are not drawn with these cords of men, with these moral engagements, but in a more Impulsive manner, driven and spurred on with such impetuous propensions as are founded in a matter; which yet are directed by the wise and vigilant eye, and by the powerful hand of a providence to a more beautiful and amiable end, than they themselves were acquainted with. But yet the Lawyers Mr. Sergeant Maynard Mr. Leigh and others, The Civilians, Mr. John Cleaveland, Doctor Oriens Heydon, and others would fain enlarge the Law of Nature, and would willingly persuade me, that all sensitive creatures must be brought within the compass of it: For this one of them tells me, Jus naturale est quod natura omnia animalia docuit, nam jus illud non solum humani generis est proprium, sed omnium animalium, quae in terra marique nascuntur, avium quoque commune est. Nay they are so confident of it, as that they instance in several particulars, Maris & faeminae conjunctio, Liberorum procreatio, educatio, conservatio, plurima in tutelam propriam facta, Apium respub. columbarum conjugia, but not the Critics, but the Rosy Crucians also do sufficiently correct our brethren the Lawyers for this their vanity, for some of them mean to bring beasts, birds and fishes into their Courts, and to have some fees out of them. Perhaps they expect also that the doves should take licences before they marry: it may be they require of the Beasts some penitential, (or which will suffice them) some pecuniary satisfaction for all their Adulteries: or it may be the Pope will be so favourable, as to give his fellow beasts some dispensation for their irregular and incongruous mixtures. 29. But yet notwithstanding, they prosecute this their notion, and go on to frame this difference between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Jus gentium, & Jus naturals, the Law of nature (say they) is that which is common with men to irrational creatures also: but the Law of Nations is only between men: but this distinction is built upon a very sandy foundation; what the true difference is, I will show you hereafter: Now all that can be pleaded in the behalf of the Lawyers, is this, that they err more in the word then in the reality: They cannot sufficiently clear this Title of a Law, for that there are some clear and visible stamps and impressions of nature upon sensitive beings, will be easily granted them by all, and those instances which they bring, are so many ocular demonstrations of it, but that there should a formal obligation lie upon Bruits, that they should be bound to the performance of natural Commands in a legal manner, that there should be a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, so as that they should be left without excuse, and lie under palpable guilt, and be obnoxious to the punishment for the violation of it, this they cannot possibly find out, unless they could set up this Idea of the Law of God in sensitive creatures also: whereas there is in them only some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Eugenius Theodidactus calls them, which I render, Virtutum simulacra, some Apish imitation of Reason, some shadows of morality, some counterfeit Ethics, some wild Economics, some faint representations of Mercurius Politicus the lying flatterer, who is called amongst his brethren, Marcheman Needham, a silly lying Scribbler to the fanatique Parliament: but this fellow is crept in, as his custom is, amongst any Law: bear back: This Government will not admit such Chameleon Sycophants amongst them. This Government all this while, without King Charles is as far distant from the truth of a Law, as they are from the strength of reason, but I have digressed a little. 30. The Lawyers may see some sparks of the divine power and goodness: but you cannot see the Idea of the Law of God. Now these men might have considered, if they had pleased; that as for the prints and footsteps of nature, some of them may be seen in every being. For Nature hath stamped all entity with the same seal; some softer beings took the impression very kindly and clearly some harder ones took it more obscurely. 31. Nature played so Harmoniously and melodiously upon her Harp and Viol., as Mr. Allen Baker saith, as that her Music proved not only like that of Orpheus, which set only the sensitive creatures on dancing: but like that of Amphion, inanimate Being's were elevated by it, even as the very stones did knit and unite themselves to the building of the universe: Show me any thing, if you can, that doth not love its own welfare, that doth not seek its own rest, its centre, its happiness, that doth not desire its good, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Nidus speaks: pick out an entity, if you can tell where, that doth not long for the continuation, for the diffusion and spreading of its own being, yet surely the Lawyers themselves cannot imagine, that there is a Law given to all inanimate beings, or that they are accountable for the violation. 32. Let them also demur a while upon that Argument which I shall urge against them, That these sensitive creatures are totally defective in the most principal branches of the Natural Idea of the Law, o● the Law of Nature, and in the acknowledging of a Duty, in the adoring of a Deity, where is there the least adumbration of divine worship in sensitive beings; what do they more than the heavens, and the seven Planets and the Stars, which declare the glory of God in their influence upon all terrestrial creatures? or the firmament, which shows his handiwork, in transferring Ideas from the Etherial Region to the Genii of men; unless perhaps the Lawyers can find not only a Commonwealth, but a Church also among the Bees, some canonical obedience, some laudable Ceremonies, some decency and conformity amongst them: I will call the spirit or Genius of a Poet only to laugh the Lawyers out of this opinion: And here old Hesiod appears freely, and tells them, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. what are these Laws that are observed by rending and tearing Lions, by devouring Leviathans? Doth the Wolf oppress the Lamb by a Law? Can Birds of prey show any commission for their ravening violence, thus also that amorous Poet shows that these sensitive creatures, in respect of lust, are absolve Antinomians: for thus he brings in a To auton, pleading, — Cocunt animalia nullo Caetera delicto, nec habetur turpe juvencae Ferre patrem tergo; fit equo sua filia con●ux. Quasque creavit init pecudes caper, ipsaque cujus Semine concepta est, ex illo concipit ales. And what though you meet with some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, some rare pattern of sensitive temperance? a few scattered and uncertain stories will never evince that the whole heap and generality of Bruits act according to a Law: you have heard it may be of a chaste Turtle, and did you never hear of a wanton Sparrow? It may be you have read some story of a modest Elephant, but what say you to whole flocks of lascivious Goats? yet grant that the several multitudes of all species of these irrational Creatures were all without spot and blemish in respect of their sensitive conversation, can any therefore fancy, that they dress themselves by the glass of a Law, is it not rather a faithfulness to their own natural inclinations? which yet very justly may condemn some of the sons of men, who though they have seen the Idea of the Law of God: yet they degenetate more than these inferior beings, which only have some general Dictates of nature. 33. This is that motive with which the Satirist quickened and awakened some of his time. Sensum e Coelesti demissum traximus arce, Cujus egent prona & terram spectantia; Principio indulsit communis conditor illis mundi Tantum animas, nobis animum quoque— A Law it is found in Intellectuals, in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it supposes a noble and free-born-Creature: for where there is no liberty, there is no Law, a Law being nothing else but a Rational restraint, and limitation of absolute liberty; Now all liberty is radicaliter in intellectu; and such Creatures as have no understanding, have no choice, no moral variety. 34. The first and supreme being hath so full and infinite a liberty, as cannot be bounded by a Law: and these Laws and slavish beings have not so much liberty as to make them capable of being bound: Inter Bruta silent leges, there is no turpe nor honestum amongst them: No duty nor obedience to be expected from them; no praise or dispraise due to them; no punishment nor reward to be distributed amongst them. 35. But as Vlpianus doth very well observe, Quoniam in bestias proprie delictum non cadit, abi bestia occiditur, ut in Lege Mosis ob concubitum cum homine, non ea vere poena est, sed usus dominii humani in bestiam, for punishment in its formal notion is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (as the Greek Lawyer speaks) or as Primasius describes it, It is Malum passionis quod infligitur ob malum actionis. In all punishment there is to be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, so that every Damnum or incommodum is not to be esteemed a punishment, unless it be in vindictum culpae. 36. So as for those Laws given to the Jews, where sometimes the beast was to be put to death by Moses Law: The learned Diodorus Siculus gives a very full and satisfactory account of it out of the Jewish writings, and doth clearly evidence, that the meaning was not this; that the beast was guilty of a crime, and had violated a Law, and therefore was to be condemned, and put to death; but it was in order to the happiness and welfare of men: for Bestia cum homine concumbens, was to be stoned; partly because it was the occasion of so foul a fact, and so fatal punishment unto man: and partly that the sight and presence of the object might not repeat so prodigious a crime in the thoughts of men, nor receive the memory of it, nor continue the disgrace of him that died for it. But there was another reason in 'Bove cornupeta, for there, as Maimonides tells me in his Morech Nebachim, it was ad poenam exigiendam à Domino: the putting of that to death was a punishment to the owner, for not looking to it better: for I cannot at all consent to the fancy of the Jews, which the renowned Josephus mentions, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, although the forementioned Critic give a better sense of it, than it is likely the Author ever intended, none in Alimentum sumi debuit unde scilicet in Domini commodum cederet: but how such an interpretation can be extracted out of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is not easily to be imagined: for those words of Josephus plainly imply, that the Jews thought such an Ox could not yield wholesome nourishment; or at the best, they looked upon an unclean beast, which was not to be eaten, which indeed was a fond and weak conceit of them; but they had many such, which the learned Author loves to excuse, out of his great favour and indulgence to them, yet which is very remarkable, if the Ox had killed a Gentile, they did not put it to death, it seems it would yield wholesome nourishment for all that. But this I am sure of, that as God doth not care for the Oxen (which the renowned Selden doth very well understand of Cura legislativa, for otherwise God hath a providential care even of them) so neither doth he take care for the punishment of Oxen, but it is written for his Israel's sake, to whom he hath subjected these Creatures, and put them under his feet. 37. Neither yet can the proper end of a punishment agree to the sensitive Creature: for all punishment is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as Plato saith, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it is not in the power of punishment to recall what is past, but to prevent what's possible. The Greek Lawyer speaks the same which God speaks to Moses, That Israel may hear and fear: and thus punishment doth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 38. But none of these ends are appliable to sensitive Creatures, for there is no more satisfaction to Justice in inflicting an evil upon them, than there is in the ruining of inanimate beings, in demolishing of Cities or Temples for Idolatry, which is only for the good of them that can take notice of it, Quam stultum est his irasci, qua iram nostram nec merneruut, nec sentiunt: No satisfaction to be had from such things as are not apprehensive of punishment: and their Annihilation, though a great evil, yet wants this sting and aggravation of a punishment for a Creature is not sible of it. 39 Much less can you think that a punishment hath any power to amend or meliorate sensitive beings, or to give example to others amongst them. 40. By all this you see that amongst all irrational beings there is no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, & no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: from whence it also follows, that the Law of nature is built upon Reason: Reason the Idea of the soul of man; whose Genius describes the Idea of all humane Law to him: And the original of all is, the divine Idea of the Law of God. 41. There is some good proportionable and nutrimental to the being of man, and some evil so venomous and obstructive to his nature, as that the God of Nature doth sufficiently antidote and fortify him against the one, and doth maintain and sweeten his essence with the other. There is so much harmony in some actions, as that the soul must needs dance at them: and there is such an harsh discord and jarring in others, as that the soul cannot endure them. 42. Therefore Mr. Hobbs doth thus describe the Law of Nature, Jus naturale est dictatum rectae rationis, indioan●, actui alicui ex ejus convenientia, vel disconvenientia cum ipsa natura rationali, inesse moralem turpitudinem, aut necessitatem moralem; & consequenter ab authore naturae ipso Deo, talem actum aut vetari aut praecipi: which I shall thus render, The Law of nature is a streaming out of Glory from the Idea of the Law of God, powerfully discovering such a deformity in some evil, as that an intellectual eye must needs abhor it: and such a commanding beauty in some good, as that a rational being must needs be enamoured with it; and so plainly showing that God stamped and sealed the one with his Command, and branded the other with his disliking. 43. Philo Judaeus makes mention of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and tells me, that it is, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a radical and fundamental knowledge planted in the being of man, budding and blossoming in the first principles, flourishing and bringing fruit, spreading itself into all the goodly branches of Morality; under the shadow of which, the soul may sit with much complacency and delight. And as he pours out himself very fluently, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, there is no need of Oratory to allure men to it, you need not heap up arguments to convince them of it, it is easily found, it is easily attained; it grows spontaneously, it bubbles up freely; it shines out clearly and pleasantly; it was so visible, as that the most infant age of the world could spell it out, and read it without a Teacher, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as he goes on, it was long extant before Moses was born, long before Aaron rang his golden Bells, before there was a Prophet or a Judge in Israel, men knew it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. They had a Law of Gods own making: They had the Statutes of God within them. By this Idea of the Law, Adam and Eve knew that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had deceived them and arrested them: and when by Hab. Corp. they were removed from their former condition, they discovered their nakedness: And that again by Alias Hab. Corp. they should be removed to the prison of the flesh. 44. This Idea of the Law flamed in cain's conscience, and the letter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then in his fore head. And this Law was proclaimed in his heart with as much terror as it was published from mount Sinai, which filled him with those furious reflections for his unnatural murder. Enoch when he walked with God, walked by the Genius of this Idea of the Law. Noah the Preacher of Righteousness, took this Idea of the Law for his Text. Hardhearted Pharaoh saw this Idea of the Law, when he cries out, The Lord is righteous, but I and my people have sinned. Cromwell and the fanatic Parliament were terrified by this Idea of the Law, after they had destroyed King Charles: nor will the three Kingdoms be in peace, until King Charles the second be crowned King of England and Ireland, and that Family again restored, etc. Hence it was that God when he gave his Law afresh, gave it in such a compendious Brachygraphy, he wrote as it were in Characters, without any explication, or amplification at all. He only enjoined it with an imperatorious brevity; he knows there was enough in the breasts of men to convince them of it, and to comment upon it; only in the second Command there is added an enforcement, because his people were excessively prone to violation of it; and in that of the Sabbath there is given an exposition of it, because in all its circumstances it was not found in the natural Idea of the Law: so that in Dr. Barlowes language of Oxford, the Decalogue would be called, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Gold in the Lump, whereas other Lawyers and Attorneys use to beat it thinner. And there is a sort of men termed petty Foggers, that have the voice of Advocates engrafted in them, which either of want of Clients, or riches, incense the poor and silly men of the Country to go to Law, and hearing their causes, affirm them to be good, supplying the place of Counselors, and raising up for the value of a shilling, great contentions, and do make of a fiery sparkle a burning flame that destroys many. 46. But to return to the purpose of this Law, as it is printed by nature, Dr. Ward tells me, Right reason is that fixed and unshaken Law, not writ in perishing paper by the hand or pen of a Creature, nor graven like a dead letter upon liveless and decaying Pillars, but written with the point of a Diamond, nay, with the finger of God himself in the heart of a man: a Deity gave it an Imprimatur; And a Genius gave it in an immortal mind. So as that I may borrow the expression of the Apostle, the mind of man is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; And I take it in the very same sense, as it is to be took in the Church. It is a Pillar of this Truth, not to support it, but to hold it forth: neither must I forget the saying of Mr. Thomas Heydon (saith he) the royal Law of Nature was never shut up in a prison, nor never confined or limited to any outward surface, but is was bravely situated in the Centre of a rational Being, always keeping the soul company, guarding it, and guiding it; ruling all its Subjects (every obedient action) with a Sceptre of Gold, and crushing in pieces all its enemies, (breaking every rebellious action) with a Rod of Iron. 47. The Idea of the Law, which is the Queen of Angelical and humane Being, doth so rule and dispose of them, as to bring about Justice, with a most high and powerful, and yet with a most soft and delicate hand. 48. You may hear Plato excellently discoursing of it, whilst he brings in a Sophister disputing against Socrates, and such an one as would needs undertake to maintain this principle, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, That there was an untunable Antipathy between Nature and Law: that Laws were nothing but Hominum infirmiorum commenta, that this was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the most bright and eminent Justice of Nature, for men to rule according to power, and according to no other Law: that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; that all other Laws were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; nay he calls them cheat and bewitchings, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they come (saith he) like pleasant songs, when as they are mere Charms and Incantations. But Socrates after he had stung this same Callicles with a few quick interrogations, pours out presently a great deal of honey and sweetness, and plentifully shows that most pleasant and conspiring Harmony that is between Nature and Law. That there's nothing more, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 than a Law, that Law is founded in Nature, that it is for the maintaining, and enobling, and perfecting of Nature: Nay; as Plato tells me elsewhere in Philebus, There is no way for men to happiness, unless they follow those steps of Reason, those footsteps of Nature. This same Law L. Verulam doth more than once acknowledge, when he tells me, a positive Law with him is a more private Law, but Nature's Law is a more public and catholic Law, which he proves to be a very sovereign and commanding Law: for thus he saith, The Law that is most filled with Reason, must needs be most victorious and triumphant: And thus much in defence of sixty three Paragraphs of my Idea of the Law. 49. Right it is I should interpret the meaning of twenty eight paragraphs more as they appear in the Jdea of the Law, Reason is a most beautiful Law, a Law of pure Complexion, of a Natural colour, never fades, never dies; it encourages in obedience with a smile, it chides them and frowns them out of wickedness: good men hear the least whispering of its pleasant voice, they observe the least glance of its lovely eye, but wicked men will not hear it, though it come to them in thunder; nor take the least notice of it, though it should flash out in lightning: None must enlarge the Philacteries of this Law, nor must any dare to prune off the least branch of it: Nay, the Malice of man cannot totally deface so indelible a Beauty. No Pope, nor Protector, nor King, nor Parliament, nor People, nor Angel, nor creature can absolve you from it This Law never paints its face, It never changes its colour; it does not put on one Aspect in London, and another face at Westminster: but looks upon both Royal Cavaleirs and fanatique Roundheads with an impartial eye, it shines upon all Ages and times and conditions, with a perpetual light, it is yesterday and to day and for ever There is but on Lawgiver, one Lord and supreme judge of the same Law: God blessed for ever more. He was the contriver of it, the Commander of it, the publisher of it, and none can be exempted from it, unless he will be banished from his own essence and be excommunicated from humane nature. 50 This punishment would have sting enough, if he should avoid a thousand more that are due to so foul a Transgression. 51 Now the most high and Sovereign being, even God himself, doth not subject himself to any Law; though there be some Actions also most agreeable to his Nature, and others plainly inconsistent with it, yet they cannot amount to such a power as to lay any Obligation upon him, which should in the least notion differ from the liberty of his own Essence. 52. Thus also in the Commonwealth of humane Nature, that proportion which Actions bear to reason, is indeed a sufficient foundation for a Law to build upon, but it is not the Law itself, nor a formal obligation. 53. Yet some of the Lawyers are extreme bold and vain in their suppositions so bold, as that I am ready to Question whether it be best to repeat them; yet thus they say. 54. Si Deus non esset, vel si non uteretur Ratione, vel si non rectè judicaret de rebus, si tamen in homine idem esset dictamen rectae rationis, quod nunc est, haberet etiam candem rationem Legis quam nunc habet. 55. But what are the goodly spoils that these men expect, if they could break through such a crowd of repugnancies standing for my Defence of The Idea of the Law, And should they defeace my Jdea of the Law, The whole result and product of it will prove but a mere cipher, like the world, for the Idea of Government is the King; and he is my defence of the Idea of the Law: now reason as it is now, doth not bind in its own name; but in the name of its supreme Lord and Sovereign, by whom Reason lives and moves, and hath its being, for if only a Creature should bind itself to the conditions of this Law, it must also inflict upon itself such a punishment as is answerable to the violation of it: but no such being would be willing or able to punish itself in so high a measure as such a Transgression would meritoriously require, so that it must be accountable to some other Legislative power, which will vindicate its own commands, and will by this means engage a Creature to be more mindful of its own happiness, than otherwise it would be. 55. Now there are not only bona per se, but also mala per se, as the Lawyers say) which I shall thus demonstrate: Quod non est malum per se potuit non prohiberi, for there is no reason imaginable why there should not be a possibility of not prohibiting that which is not absolutely evil, which is in its own Nature indifferent. But now there are some evils so excessively evil, as that they cannot but be forbidden, I shall only name this one, Odium Dei, for a being to hate the Creator and cause of its being, If it were possible for this not to be forbidden; it were possible for it to be Lawful; for ubi nulla Lex, ibi praevaricatio: where there is no Law there's no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; where there's no Rule, there's no Anomaly; if there were no prohibition of this, it would not be sin to do it, But that to hate God should not be a sin, doth involve a whole heap of Contradictions: so that this evil is so full of evil, as that it cannot but be forbidden; and therefore it is an evil in order of nature before the prohibition of it: besides as the Philosopher's love to speak, Essentiae rerum sunt immutabiles, Essences neither ebb nor flow, but have in themselves a perpetual unity and Identity. And all such properties as flow and bubble up from beings, are constant and unvariable; but if they could be stopped in their Motion, yet that state would be violent, and not at all conatural to such a subject. 57 So that grant only the being of Man, and you cannot but grant this also, that there is such a constant conveniency and Analogy, which some objects have with its Essence, as that it cannot but incline to them, and that there is such an irreconciliable Disconvenience, such an eternal Antipathy between it and other objects; as that it must cease to be, what it is before it can come near them. 58. This Judge Glyn, terms a Natural obligation and a Just foundation for Law; but now before all this can rise up to the height and perfection of a Law, there must come a command from superior powers, whence from will spring a Moral obligation also, and make up the formality of a Law: Therefore God himself, for the brightening of his own Glory, for the better regulating of the world, for the maintaining of such a choice piece of his workmanship as man is, he hath published his Royal Command, & proclaimed it by the principle of Reason, which he hath planted in the being of man: which doth fully convince him of the righteousness, and goodness and necessity of this Law, for the Materials of it; and of the validity and Authority of this Law, as it comes from the mind and will of his Creator. Neither is it any Eclipse or diminution of the liberty of that first being; to say that there is some evil so foul and ill favoured, as that it cannot but be forbidden by him; and that there is some good so fair and eminent, as that he cannot but command it. 59 For as the Lawyers plead, Divina voluntas, licet simpliciter libera sit ad extra, ex suppositione tamen unius Actus liberi, potest necessitari ad alium. 60. Though the will of God be completely free in respect of all his looks and glances towards the Creature, yet notwithstanding upon the voluntary and free precedency of one act, we may justly conceive him necessitated to another by virtue of that indissoluble Connexion and concatenation between these two acts, which doth in a manner knit and unite them into one. 61. Thus God hath an absolute Liberty and choice, whether he will make a promise or no, but if he hath made it, he cannot but fulfil it. Thus he is perfectly free, whether he will reveal his mind or no; but if he will reveal it, he cannot but speak truth and manifest it as it is. 62. God had the very same liberty whether he would Create a world or no, but if he would Create it, and keep it in its Comeliness and proportion, he must then have a vigilant and providenttiall eye over it; And if he will provide for it, he cannot but have a perfect and indefective providence agreeable to his own wisdom, and goodness, and being, so that if he will create such a being as a man, such a Rational creature furnished with sufficient knowledge to discern between some good and some evil: and if he will supply it with a proportionable concourse in its operations, he cannot then but prohibit such Acts as are intrinsically prejudicial and detrimental to the being of it: neither can he but command such Acts as are necessary to its preservation and Welfare. 63. God therefore when from all Eternity in his glorious thoughts he contrived the being of man, he did also with his piercing eye see into all conveniencies & disconveniencies, which would be in reference to such a being: and by his eternal Law did restrain and determine it to such Acts as should be advantageous to it, which in his wise Oeconomy and dispensation, he published to man by the voice of a Reason, by the mediation of this natural Law. 64. Whence it is, that every violation of this Idea of the Law is not only an injury to man's being, but ultra nativam rei malitiam (as the Lawyers plead) it is also a virtual and interpretative contempt of that supreme Lawgiver, who out of so much wisdom, and love, and goodness, did thus bind man to his own happiness. So much then as man doth start aside and apostatise from this Law, to so much misery and punishment doth he expose himself. 65. Though it be not necessary, That the Idea of the Law should discover the full extent and measure of that punishment which is due to the Breakers of this Law: for to the Nature of punishment, Non requiritur ut praecognita sit poena, sed ut fiat actus dignus tali poena, the Counsellors and Attorneys both will acknowledge this principle. 67. For as Numenius Appionus hath it, Sequitur reatus ex intrinseca conditione culpae, ita ut licet poena per legem non sit determinata, Arbitrio tamen competentis judicis puniri possit; Yet the Idea of the Law will reveal and disclose thus much, That a being totally dependent upon another, essentially subordinate and subject to it, must also be accountable to it for every provocation and rebellion; And for the violation of so good a Law, which he hath set it, and for the sinning against such admirable Providence and Justice that shines out upon it, must be liable to such punishment, as that glorious Lawgiver shall judge fit for such offences; who is so full of Justice, that he cannot, and so great in goodness, that he will not punish a Creature above its desert. And thus have I cleared one hundred Paragraphs, hoping you will crown the King according to his deserts, that my Idea may be proclaimed, that the King, Parliament, Priest and People may live happily, etc. 68 And there was never any partitition-Wall between the Essence of King Charles and the Parliament. Now the Law of Nature is founded in Essentials; And that which is disconvenient to that rational Nature, which is in a Cavileir, is as opposite and disagreeable to the same Nature in a Parliamentier, Round-head, Presbyterian, Anabaptist, Independent and Quaker: as that good which is suitable and proportionable to a King or Cavileir in his rational being, is every way as intrinsecal to the welfare of a Parliamentier Round-head, etc. that doth not differ essentially from him: so likewise for the promulgation of this Law, being it doth equally, concern them both: It is also by my Idea of the Law equally published and manifested to them both. 69. The Extent of the Idea of the Law, I shall lastly manifest in these thirty Paragraphs, and so conclude; there are stamped and printed upon the being of man, some clear and undelible principles, some first and alphabetical Notions: by putting together of which it can spell the nature of my Jdea of the Law, there is scattered in the soul of man some seeds of the Divine Idea, which till it with a vigorous Pregnancy, with a multiplying fruitfulness; So that it brings forth a numerous and sparkling Posterity of secondary Notions, which make for the Crowning and encompassing of the Soul with happiness. 70. All the fresh springs of Common and fountain Notions are in the Soul of man, for the watering of his Essence, for the refreshing of this heavenly Plant, This Arbour inversa, this enclosed being, this Garden of God. 71. And though the wickedness of man may stop the pleasant motion, the clear and Crystalline Progress of the fountain, yet they cannot hinder the first rising, the bubbling endeavours of it. They may pull off the Leaves of the Idea of the Law, and pluck off the fruit: break through my Defence, and chop off the Branches, yet the root of it is eternal. And the foundation of it inviolable. Now these first and Radical principles are wound up in some such short bottoms as these: Bonum est appetendum, malum est fugiendum; Beatitudo est quaerenda: Quod tibi fieri non vis, alteri ne feceris, And Reason thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, incubando super haec ova, by warming and brooding upon these and oval Principles of her own laying, it being itself quickened with an heavenly vigour, doth thus hatch the Idea of the Law of Nature. 72 First you must not, nor cannot think that the Idea of the Law is confined and contracted in this Government of England, but Reason like The King, with one foot fixed a Centre, and with the other measures a Parliament, and spreads out the circumference of the Common people's happiness and welfare, and draws several conclusions which doth all meet to make three Prosperous Kingdoms, which is only in this sacred central principle. 73. For men must not only look upon the Capital letters of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, but they must read the whole context and coherence of it; they must look to every jot and Apex of it, for heaven and earth shall sooner pass away, then on jot or tittle of this Law shall vanish, 74. Discourse is the usual Inlet of error, and too oftengives an open admission, and courteous entertainment to such falsities as come disguised in a Syllogistical form, which by their sequarious wind and gradual insinuations, twine about some weak understandings: yet in the Nature of the thing itself, it is impossible to collect an error out of a truth, as it is to gather the blackest night, out of the fairest sunshine, or the foulest wickedness out of the purest goodness. A conclusion therefore that is built upon the sand, you may very well expects its fall, but that which is built upon the Rock is impregnable and . 75. For if this Idea of the Law, should not extend itself so far, as to oblige men to an accurate observation of that, which is a remove or two distant from first principles, it would then prove extremely defective in some such precepts, as do most intimately and intensely conduce to the welfare and advantage of an intellectual being. 76. The Idea of the Law, as it is thus branched forth, doth bind in foro conscientiae, for as that noble Author Des Cartes speaks very well in this, Natural conscience it is centrum notitiarum communium, and it is a kind of sensus communis in respect of the inward faculties, and that other in respect of the outward senses. It is a competent Judge of this Idea of the Law, it is the natural pulse of the soul, by the beating and Motion of which, the state and temper of men is discernible: The Apostle thus felt the Heathens pulse, and found their consciences sometimes accusing them, sometimes making Apology for them, yet there's a great deal of difference between the Law of Conscience and the Moral Law, for as the Lawyers plead, it is Dictamen practicum in particulari, it is a prosecution and application of this Natural Idea of the Law, as providence is of that Divine Idea of the Law. 77. Nay conscience sometimes doth embrace only the shadow of a Law, and doth engage men, though erroneously, to the observation of that which was never dictated by any just legislative power, nor is it content to glance only at what's to come, but Janus like it has a double Aspect; and so looks back to what's past, as to call men to a strict account for every violation of this Law. 78. Which Law is so accurate as to oblige men, not only ad actum but ad modum also: it looks as well to the inward form and manner, as to the Materiality and bulk of outward Actions: for every being owes thus much kindness and courtesy to itself, not only to put forth such acts as are essential and intrinsecal to its own welfare; but also to delight in them, and to fulfil them with all possible freeness and Alacrity, with the greatest intenseness and complacency, self love alone might easily constrain men to this natural obedience. Humane Laws indeed rest satisfied with a visible and external obedience; but nature's Law darts itself into the most intimate Essentials, and looks for entertainment there. 79. You know that amongst the Moralists only such Acts are esteemed Actus Humani that are Actus voluntarii: when my Natural Idea hath tuned a Rational being, she expects that every string, every faculty should spontaneously sound forth his praise. 80. And the Divine Jdea that hath not chained nor fettered, nor enslaved my Natural Jdea, but has given it a competent liberty and enlargement; the free diffusion and amplification of its own essence; he looks withal that it should willingly consent to its own happiness, and to all such means as are necessary for the accomplishment of its choicest end: and that it should totally abhor whatsoever is prejudicial to its own being, which if it do, it will presently embrace The Jdea of the Law, if it either love its God and King, or itself, and the welfare of the People, The command of its God and the King, or the good of itself and happiness of the People. 81. Nay the precepts of this Idea of the Law, are so potent and triumphant, as that some acts, which rebel against it, become not only illicit but irrite, as both the Counsellors and Attorneys observe, they are not only irregularities, but mere nullities, and that either ob defectum potestatis & incapacitatem materiae, as if one should go about to give the same thing to two several persons; the second Donation is a Moral non entity, or else propter perpetuam rei indecentiam, & turpitudinem Durantem; as in some an omalous and incestuous Marriage; And this Idea of the Law is so exact, that it is not Capable of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, with the Lawyers Emendatio legis: but there is no mending of Essences, nor of Essential Laws, both which consist in punto, in indivisibili, & so cannot Recipere magis & minus, nor is there any need of it, for in this Law there is no rigour at all, it is a pure praetorian Court of equity, and so nothing is to be abated of it, neither doth it depend only a ment Legislatoris, which is the usual rise of mitigation; but it is conversant about such acts as are per se tales, most intrinsically and inseparably. 82. Yet Notwithstanding this Law doth not refuse an interpretation, but the Natural Idea doth gloss and Aspect upon her soul the Divine Idea, as in what circumstances such an act is to be esteemed murder, and when not; and so in many other branches of the Idea of the Law, if there be any appearance of intricacy, any seeming knot and difficultly, the King will give edge enough to cut it asunder: There are many Laws and statutes in England, Scotland, and Ireland, bordering upon this Idea of the Law, Jus gentium, juri naturali propinquum & consanguineum, and it is medium quoddam inter jus naturale & jus . Now this Jus gentium is either per similitudinem & concomitatiam, when several nations have yet some of the same positive Laws, or else (which indeed is most properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) per communicationem & societatem, which as Mr. Tho. Hobbs describes, ab omnium vel multarum gentium voluntate vim obligandi accipit, i. e. when all or many of the most refined Nations bunching and clustering together, do bind themselves by general compact to the observation of such Laws, as they judge to be for the good of them all, As the Honourable entertainment of an Ambassador, or such like. 83. So that it is jus humanum non scriptum it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for as Theodosius tells me, usu exigente & humanis necessitatibus, Gentes humanae quaedam sibijura constituerunt. Whereas other humane Laws have a narrower sphere and compass, and are limited to such a state as William Prinne Esq styles leges populares, the Hebrews call their positive Laws, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Though the one do more properly point at Ceremonials, the other at Judicials: Plotinus renders them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Abaris calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as some call natural Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Mosaical Philosophers render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but according to the Greek Idiom these are termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the others 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Now, though the formality of Humane Laws do flow immediately from the power of some particular men, yet the strength and smew of these Laws is founded in the Idea of the Law, or Moral, and Natural Laws: for my Idea doth permissively give them leave to make such Laws as are for their greater convenience: and when they are made, and whilst they are in their force and vigour, it doth command and oblige them not to break or violate them; for they are to esteem their own consent as a sacred thing; they are not to contradict their own acts, nor to oppose such commands, as ex pacto were framed and constituted by themselves. And thus much in defence of one hundred and thirty paragraphs of my Idea of the Law: which I have explained and amplified by the Idea of Government, which is the King. FINIS. THE IDEA OF TYRANNY, OR ENGLAND'S Mysterious Reformation, FROM The beginning of the Wars to this time unridled, to the dis-abuse of this long deluded NATION. Made public by John Heydon Gent. for Eugenius Theodidactus. Gal. 1.10. If I yet pleased men, I should not be the servant of Jesus Christ: But I am a servant of God, and Secretary of Nature. LONDON, Printed in the year. 1660. AN EPILOGUE. BEhold the King of Angels is angry, because you will not crown his Messenger and servant KING. Amongst all the Orders and Inhabitants of heavenly unbodied souls and immortal Genii, there is one King; and he is angry because you will not obey the Laws of the Emperor and King of the whole world, God. Amongst the Stars the anger of God is transferred, and you have made discord in the Court of heaven, and his Messengers and Planets meet and oppose wonderfully. In 1642. Saturn and Jupiter fell out about Subject's Rebellion against their King. And it may be observed, that since Churchmen dabbled in Politics, and Statesmen in Divinity, Law and Religion have been still subjected to the sword, and in effect, those same excursions and adulterate Mixtures, are but the workings of a party already in motion towards that end. He that designs a change of Government, must begin by imposing a delusion upon the people: And whatsoever is necessary to his purpose, must be accommodated to their humour. The Pulpit by these glosses, and puzzling distinctions under the Doctrines of conditionate obedience, suggesting liberty, cousins the multitude into a Rebellion; Oaths & Covenants are but the Jugglers-knots, fast or lose, as the Priest pleases. The weaker sort being thus prepared, and poisoned by a seditious Clergy; 'tis then the Statesman's part to push those mutinous inclinations into action, and to divide the cause betwixt Conscience and Property, the better to involve all interests in the Quarrel under the Masque of Piety, and publickness of spirit of holy men and Patriots: the Crafty cheat the simple, engaging by those specious pretences the rash misguiding people (with good intentions, but wanting care and skill) in Sacrilege and Treason. And indeed now all the planets are retrograde, except the Sun and Moon, which sometimes are eclipsed, and dart down these influences upon the earth. This was the very Root, and this hath been the proness of our evils; for under the Notion of God's glory, the safety and honour of the King, The fundamental Laws, and Freedoms of the people, the privileges of Parliaments, etc. The Kingdom was gulled into a compliance with an ambitious and scismatical faction: the main pretence was the Assertion of the Subjects legal Rights against the grand prerogatives: And that directed only to the limitation of an intended arbitrary power, that regulation of such & such misgovernments, and all this saving their Allegiance to his sacred Majesty, whose Person, Crown and Dignity, they had so often sworn deeply to maintain. This was a bait so popular, it could not fail of drawing in a party, and that produced a War. The former story of the Quarrel is little to my purpose: The Logic of it less, How by the same authority of Text and Law, both King and People could be justified against the other: I meddle not, let it suffice, that Saturn and Jupiter backed with a Comment few years before threw down, after six years' conflict, a vast profusion of blood and Treasure, the King a prisoner, and his whole party scattered and disarmed: The Commons found themselves disposed to end our troubles, and passed a Vote to treat with his Majesty in order to a settlement: This met with little opposition, for all the planets were then in Trine, except Mars, his people, who having gorged themselves already upon the public ruin, were not yet satisfied without their Sovereign's blood, the death of Monarchy itself, and the subjecting of a tame & slavish people, to a Conventicle of Regicides; there were not many of so deep a tincture, but what these few could not effect by number, they did by force: for by the malice of mutual Aspects, the planets showered down six months before: then Sir Hardresse Waller, Pride and Hewson moved by this influence, upon the sixth of December, 1648. they seized and imprisoned 41. of the Commons house, clapped guards upon all Passes leading to it: some 60. more were given in upon a List to those that kept the door with an express direction from several leading members to oppose their entrance: about 40. more withdrew for fear of violence, their crime was only the carrying of a Vote for peace already mentioned the day before: This action was so erroneous, that the very Contrivers of it were ashamed to own it, transferring that upon the Army-Officers, which was done by their own appointment. They passed however a formal disallowance of the violence, and ordered their discharge, which yet the Officers refused upon a combination now most evident; observe, A Comet and a grand Eclipse of the Sun altars the matter: for that which they told me in 48, was an Act of the Army-Officers, In 59 they call a Judgement of Parliament, and they justify and continue that very seclusion, by a Vote of Jan. 5.59. which they themselves condemned and discharged by several Orders in Decemb. 48. The particulars of these transactions by Sir Michael Heydon are excellently delivered. And thus you see how God by the Planets shoots down his Angry sword, and how they are now all set upon revenge, their influence is furious: and so will continue until the King be crowned in England, etc. I will now return to the great test of the spirits, and designs of the several parties and Members of the House, and from that Judgement, and discrimination of persons and humours, we may learn seasonably to provide against after-claps: This Blow broke the house of Commons into three-peices, one party adhered to the Vote opposed the violence, declared against it, claimed from time to time their own and the people's Rights, pleaded the Covenant and their Declarations, and stood it out. The second sort, was not prepared for Martyrdom, a kind of Barnacle, neither fish nor flesh: this was a party that flew at first, but soon retracted: Headed again▪ and went along for company: My charity persuades me well of divers of them, and that they mixed, rather in hopes to moderate the rest, then in design to strengthen them. A party rather weak and passive then malicious: But nothing can excuse those sons of Belial, the perjured Remnant; no, nor express them: beside their Oaths and Covenant, they have above an hundred times in printed Declarations renounced the very thought of what they have since executed. Read the exact Collections, We are (say they) so far from altering the fundamental constitution and Government of this Kingdom by King, Lords and Commons: that we have only desired, that with the consent of the King, such powers may be settled in the two houses, without which we can have no assurance, etc. These are the very words of their Declaration, April 17. 1646. published by the House of Commons alone, towards the end of the War, and most remarkably entitled, A Declaration of their True intentions, concerning the ancient Government of the Nation, and securing the people against all arbitrary Government. Let this Quotation serve for all, lest I exceed my limits, not to insist upon things known and public: How faithfully these people have managed their original Trust, how strictly they have kept their Oaths and Promises, how tenderly they have observed the Laws, and asserted our freedoms, how poor they have made themselves to make us rich, how graciously they have assumed the Legislative power, and then how modestly they have exercised it: In fine, how free and happily we lived under their Government, till Geomantic Devils were called upon by the power of Angry Planets, and lost in their Influence, than Oliver stepped in, and threw them out by a trick of their own teaching: And thus the King of Planets was angry with the Moon that eclipsed his Glory in March, 52. And thus in April 1653, he shown himself how displeased he was at the King's death, and revenged he was upon the Parliament. It were worth the while to inquire into the good they did us, during that six years' session, but that I leave to their Mercurius Needham; Nor shall I far examine the Protectors Reign; by whose advice, by what assistance, or by what Laws he ruled, how many of our late Republicans forgot themselves, and swore Allegiance to a single person: how many things like Parliaments he dispersed (for the Army hath got a jadish trick, and will not leave it) It is enough, at last he died in despite of Priests and Poets, Owen and Wythers, the former telling him from heaven, he should scape that fit; the other telling us so needlessly: His Highness, having other things to think on, left his Successor doubtful, till (as they say) his Secretary (then, one of ours now) with John Owen (his prophetic Confessor) swore his son Richard into the Protectorship; but he, good Gentleman, did not much hurt, but peaceably resigned to Fleetwood and Disborough, (not a word of the King of the Saints, for he desires to be private) and they quite at a loss, for want of Brains and courage, called in the Fag-end of the old house to their Assistance; so that the Members which descended in April 53. rose again, and ascended upon the 7. of May, 59 But still the Planets are opposite as God would have it, which make the Members act as impetuously as ever; Then they were once again unseated by the Army, as the Planets predict and Geomantic Genii: The 13. of October last the Influences took effect, and then the Committee of Safety was invested with the supreme Authority, (it is but a slippery title that of the sword) This change gave his Excellency the Lord Monk occasion to remember his love to the King, and to show his Charity to his Native Country: by whose curiosity and Conduct, the honest and suffering party was relieved, and the Phanatique Army dispersed without blood; Hereupon the Soldiery tacked about once again, lamenting their back-slidings: and on the 26. of December, the good old cause men re-enthroned themselves more eagerly now then formerly against the readmission of the secluded Members. This barbarous and arbitrary proceeding put the whole Nation upon a necessity of procuring a full and free Parliament: to which. end they purposed modestly & fairly the restoring the excluded members, and filling of the house: or else the liberty of a New and legal choice: for bringing letters, Sir Robert Pie and Major Faicher were imprisoned. This was an Insolence too gross, to do much mischief but to themselves: Are these the men (the people cried) That put the King to death only upon pretence of a design, to erect & uphold in himself an unlimited and Tyrannical power, to rule according to his Will, and to overthrow the rights and liberties of the people; yea, to take away, and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this Kingdom were resolved on the people's behalf, in the right and power of frequent and successive Parliaments: these are the words of the charge; That which was Treason in our lawful Prince, how comes it to be Law now with these Fellows? They took away the King's life, for but discoursing the very thing they act: and we are to be imprisoned and murdered, for ask only that they swore they fought for: No; they are a Pack of Knaves, they cut off his head, that they might rule themselves: The plot was grown so rank, the common people smelled it, and without more ado, associated to free themselves from an infamous and perpetual Bondage, witness that Union in their declarations, both of Demand and Resolutions: against the Equity whereof, no man hath hitherto pretended the least objection, the supreme Trifle, perceiving an universal Application to the General in his passage, and all speaking the same sense; finding withal, that his Excellency suspended, till he might hear both parties: and conscious to themselves of no imaginable reason to oppose: Besides seeing themselves declined and hated, nay, endangered by a peremptory Agreement of this Nation, They did at last most graciously descend to promise us a full Representative: but not secluded Members to be admitted, nor in effect any other then fanatics. His Excellency well weighing what was reasoned, pro & contra, made way for the Return of the secluded members. This Justice broke the neck of a Design just then on foot. This is the short on't, the people were to be held at gaze, in expectation of a further satisfaction, till those Troops which the backside had ordered to that purpose, should have seized all the considerable persons of the Kingdom: nay, they are impudent enough, to tempt the General himself into a complication with them, but he was too discreet: not to distinguish where to observe, and where to leave them, In fine the Stars and Planets above, and the Rulers and Ideas below in their Characters and Figures of Astrology and Geomancy Telesmatical arrested, do predict a check to their impetuous madness and brutish fury. Next to our gratitude to heaven, let us have a care, not to be wanting in point of prudence to ourselves; nothing undoes us but security, we see, who are our friends, and who are our enemies, whom we may trust, and whom we must not, we have paid dear for our experience, and sure we have a tittle to the benefit of it, we must look back, and learn from thence the meaning of the future. It is a tedious while this Nation hath been tossed betwixt two factions: One in the Army, the other in the Council; both well enough agreed to destroy us; but jealous still one of the other, as Don saith of Ignatius, concerning his Competitor in Hell: He was content he should be damned, but loath he should govern; that's all the Quarrel. The Vizor of Religion is thrown aside long since; the Conventicle cheats the Soldier this day, and he falls upon the Rump the next. In short, they cheat the one the other at the public charge: they may snarl where they please, but they by't none but us, and at the worst forgive their fellow-thieves for robbing honest men: this hath been their practice near this dozen years. Are we not yet convinced, that it is impossible it should be otherwise, while the same people govern us with the same army, and bound up by no other Laws than their own Will? I do not press any resistance now, but certainly a readiness to protect honester men in case of an Attempt, were not amiss: we see how dirtily they have used the General, and how unworthily their Instruments have laboured the Army into a direct Tumult: And all this in order to a new violence upon the house. We see what juggling is used in the Militia, as foisting in false Lists to cast the strength of the Nation into the hands of mean and factious persons; what industry to hold us still unsettled, by throwing in impertinent and dangerous scruples, to divert at the farthest, if not disturb the long desired Peace, and Protestant Religion, being established in the true sense of the Church of England we pray for: He that hath either honour in his blood, or honesty in heart, is reproached with a King in his Belly: then for the Qualifications, these goodly Squires would have thrust upon us; are they not pleasant? one man of forty shall be allowed to vote, or sit; and the other thirty nine must call that a Free Parliament, and swear it represents the people. We are not so blind yet, nor so forgetful, as not to see and know some Foxes, and some Asses in the medley. All are not Saints we call so: We do remember who they were that ruled in 48. and we are sensible what they would do still, if they had power: we know who brought in, who: but the Markets raised; our heads will not off now at fifty shillings a hundred, as formerly. Lastly, let the General, the secluded Members, and the honest Soldiers live long, happily and beloved, and let the rest take their fortune, etc. I writ not this out of an itch of scribbling, or to support a faction: my duty bids me write: nor do I love to spend time in Compliment; The Readers wisdom, or the Author's weakness is not the Question. The Nation is in distress by Tyranny, and every honest Englishman must lend his hand to save it: Nay, that must be done quickly too, and vigorously: Delay is mortal. Can any thing be more ridiculous, then to stand formalizing in a case, where it is impossible to be too early, or too zealous. The event of things takes up our thoughts, more than the reason of them. What News, more than what remedy: as if it concerned us rather to know, whose fools and slaves we shall be next, then to be such no longer. That which completes the wonder, and the oversight is, that the miseries we suffer, were before hand, as easily to be foreseen and prevented, as they are now to be felt. And we only look backward, to take a perfect measure of the future: so obvious and formal is the method, that leads to our Destruction, if we were not in love with beggary and bondage, and subject to Tyrants, let us all at last bethink ourselves of freedom, and from a due enquiry into the Idea of Tyranny, (that is the rise, and growth, and present State of our calamities) learn to be happy for the time to come. This Idea of Tyranny, men are arrested and ruined, upon suspicion of debt: imprisoned to death in a plea of trespass: upon suspicion of Treason, men are destroyed without reason, and never know at whose suit they are arrested; or if they do, they know not the plaintiff: And for the latter, they never knew their Accusers, nor any relief but destruction. Others are taken upon suspicion of felony, and are starved to death in prison; and this is the Idea of Tyranny. Now the King will rectify the Law, banish Tyranny, and establish a good Government, being as free from any Revenge, as the most consummate Christian upon earth. And for his fidelity, his Word is a Law of the Medes and Persians, whosoever shall obtain it, hath an assurance irrefragable. For all the world that have at all practised and observed the King, know that it is a principle radicated in him, and to have cost him sufficiently dear in he Judgement of these severe persons, who have sometime thought, one of his most princely Virtues a disadvantage to his proceed. And this may assure all men, that the harshness of the Law shall be taken off, viz. the Torturing part thereof. King Charles will forgive his enemies, whose fortune, and whose persons will be as secure and dear to him, as the most loyal of his Subjects: for what breathes he after so passionately, as a perfect oblivion of what is past; and that he may be united to his own flesh and blood in all the bonds of Charity and princely relations, and then Cruelty, and Oprression, and Tyranny will be banished, and Mercy and Truth, Righteousness and Peace established in his three Kingdoms, and Dominions thereunto belonging, to the glory of God, and the flourishing prosperity of the people. None as yet have been so hardy as to occasion a Redress of grievances, the poor miserable Country man he sorrows, and none assists him in his necessity. The rich find friends, but the poor wearies his body with labour to provide for his family, and is forced to pay Taxes, his senses being destroyed with care to content the greedy excise man; and at last obtains beggary, when his spirits are dulled and decayed. We live in hopes of another Session, Writs are already issued forth, if they leave us as free as they found us, 'tis well, if not, it is but to turn the Tables, and try their manage of a losing game. Raphel stood up, and said, who will persuade the Phanatique party to endeavour to keep out the King, and the King's Son: and Ophioneus said he would, and the Angel asked by what means, and he said, Hilel shall be a son of Belial, and teach new Doctrines, some shall be Papists, some Independants, some Anabaptists, Shakers', Socinians, Millinaries, Quakers, etc. and all these will oppose the King, because he is a Protestant, and the Pope therefore hath made these Sects or Inquisitors of the order of preaching, Friars, that they may deceive: And these would have all men to believe in the Church of Rome, which is here in England, covered over with new Idolatry; and strange Notions of Religion. And I fear at last that these phanatique Religions will compel all us of the true Protestant saith, to submit and adhere to the Pope. And then it will not be lawful for any Protestant to go about to defend his opinion with any testimonies of Scripture, of with other reasons, interrupting him with great noise and angry cheeks (they say) that he hath not to do with Bachelors and Scholars in the chair, but with Judges in the Judgement Seat, that there he may not strive and dispute, but must answer plainly, if he will stand to the decree of the Church of Rome, and to revoke his opinion, if not, Then show him Faggots and Fire, saying, that with Heretics they may not contend with Arguments and Scripture, but with Faggots and Fire, and enforce the man not convicted of Obstinacy, nor taught better Doctrine, to deny by oath his opinion against his Conscience: and if he will not do it, they deliver him into the hands of the temporal Judge to be burned: and at last for every small offence, men shall be put to death. To prevent all this mischief, and that will happen in London, 1663. 1664 and 1665. call home the King, and persuade the General and his Protestant Officers, immediately to tender the Oath of Supremacy and Allegiance, the solemn League and Covenant, and the new Oath of Abjuration, for the better discovery and speedier Conviction of Jesuits, Popish Priests, Friars and Papists (consented to by the King in the late Treaty) to all the Officers, Agitators and Soldiers in the Army, they will presently discover an whole Conclave of Jesuits, popish Priests, Friars, and Jesuited Papists amongst them, who have instigated them to disobey and force both houses, imprison their Members, to impeach, try, exempt the King, dissolve the present and future Parliament, subvert our Kingly Government, and Constitutions of Parliament, betray Ireland to the Rebels, and involve us in a new War and Confusion, instead of Peace and Settlement, the Practices, Designs and Studies of none but Jesuits, and Papists which all true Protestants cannot but abhor. If Milton beginning to write an Answer to the late King's Book against Monarchy, was at the second word, by the power of God strucken blind: What shall fall upon them that endeavour to destroy his Son; verily they that fight against him, fight against Providence. I pray God direct us in the right way to his Glory. From my house near Bishopsgate, London, on the East-side Spittle Fields, next door to the Red Lion, this 27 of May, 1660. John Heydon, A servant of God and Secretary of Nature. THE IDEA OF TYRANNY. OR England's mysterious Reformation from the beginning of the Wars to this time unridled: to the dis-abuse of this long deluded Nation. 1. DUring the Reign of the three last Monarches of England, Rebellion seemed here to have been established, as a Verity not to be questioned; Its Mysteries having (as it was conceived) been by many Volumes of our learned Writers so clearly unfolded, that it was not credible, that either the whole body of the old, or the Caprice of any new-fargled fancy, should be able to stagger the foundation was laid for it. 2. But a long peace accompanied with too great a felicity, bred such a wantonness in our souls, that we could not be satisfied with that was generally professed and practised; forms, rites and ceremonies become nauseous to our dainty stomaches; they relished too much of Antiquity, Superstition and Idolatry, and we must have some thing of Novelty to please the gusts of our Palates: this in succession of time attained to so vast a growth, that at last like evil weeds it choked the Plants set by the Industry of the Gardener, and disputed the propriety of the patron. 3. Thus armed with the strong zeal of Religion we hurry into a pernicious War, make piety the cloak of our Iniquity, and therewith charm simple Zelots to part with their coin and plate to advance the Justice of the cause, which justified with happy success, we idolise and prefer before the sanctity of Religion, esteem Loyalty but a Chimaera, and trample sacred Royalty under foot, to authorise a licentious liberty; which no sooner fixed in an authority, but we give Laws to our Masters, disenthrone Sovereignty, and exercise the Tyranny of power to the terror of pretended Delinquents. 4. By the severity of our procedures, we become formidable to loyal souls: by our assidual promises of Reformation, we enslave the Wills of Idolaters, who hoodwinked with our specious pretences, vigorously support the weakness of our cause, and by frequent victories we legitimate that right, which no former age could, or ever did make claim unto. 5. Power now inconcussible in her Throne, to prevent the violence of Opposers, we distribute the Estates of our vanquished adversaries among our own active Pillars, corroborating the one by the debilitation of the other: general Reformation in the interim is laid aside: particular interest must antecede: and while we are solely bend upon this, Religion through an unbridled libertinage becomes a Labyrinth of confusion: the head being taken away, like so many Hydras, new ones take life, every Dreamer creating a Religion, and thousands become his followers, as the Devil out of his malice dictates to their weakness. 6. Dotage is better prevented then cured, but what hopes have we of the cure of this dotage, when we are already seized upon by a most raging frenzy; the evidence of our actions confirm the certainty of our disease: how many solemn Vows have we made to advance the relieved truth of the Gospel, and to preserve the known Laws of the land inviolable? 7. How often have we dispensed with those Vows, and justified those Dispensations both with our public Actions and Writings? ●e pretended a pious tenderness toward God and sacred things, but intended nothing less, for our Cruelty, Tyranny and Rapine practised toward our brethren testify we dissembled with God, and made a stalking horse of his Divinity; our frequent Sacrileges manifest our interior I●everence, how many glorious Temples, by our pious Ancestors dedicated to God's honour, have we despoiled of their Ornaments? most profanely converted them to Courts of Guards. Stabls, and brothel houses, and made sale of their Stones, Led and Timber, for the use of our Impieties: Sects we indulge, Heresies we approve, Judaisme we tolerate, Paganism we abhor not, Turks we correspond, & commerce with, as our brethren (as indeed they are) for their Times and Actions have no small Analogy with ours: but our brethren and fellow Christians we pillage, persecute, and butcher, nay, we want nothing to be the worst of men, but to become Cannibals. 8. If this be the Product of our Reformation, let us even petition to hell for a more divine. 9 Now we are thus superlatively beatified by the Reformation of Religion, let us Cast an eye upon the Condition of our State: we were all glutted with wealth, happiness and prosperity, and we must project for variety of sharp sauces to delude our stomaches into an appetite. Our peaceful Sovereign was held too improper to sit at the stern of this stern Nation, his clemency was too benign, his sobriety too regular, his Justice too merciful, his conversation too familiar, access too facile; he had not the gift of Hypocrisy to screw himself into the credit of a Zealot, he wanted the Octavian austerity to check the frowardness of our insolence, he was to ill furnished with viciousness too countenance our horrid villainies, In fine he lacked Imperiousness to curb the impudence of our Rebellion. 10. Thus the Noble faculties of his soul being incoherent with ours, his person could not be consistent with our ambition, therefore beyond all the examples of the most barbarous savages we adorn the Prologue of our reformation with the Innocence of his blood; the nobles we have disenobled, the kennel-rakers we have made nobles, the rich we have beggared, the beggars we have enriched, the Laws we have violated, Justice we have perverted, Magistracy we have contemned, Trade we have decayed, our name with forrreigne nations we have rendered contemptible, and in the Epilogue of this happy reformation, our reformers are the second time hurrried away in a whirlwind, leaving a worse stench behind them then the devil when he is constrained to quit a miserable possessed, this poor nation in the interim abandoned to the mercy of a lawless Army, and justly too, being we deserve no better then to become slaves to our servants, when our pertinacy could not brook to yield loyal obedience to our Masters. 11. But behold Providence (we say) hath most miraculously restored us again to the management of our just authority, O Infernal Impudence! to attribute our Rebellions and usurpation to the heavenly care, making God not only accessary to our most execrable wickedness, but the prime agent in all our impious machinations, when we should fear rather, that the sins wherewith we have provoked him, are not yet ripe for our severer chastisement; we have twice already felt the vengeance of his dreadful hand, & if we persevere in our perversity, we shall yet suffer greater testimonies of of his indignation; the divine Justice is not to be corrupted by bribery, nor shall villainies go unpunished, unless repentance prove their advocate. 12. How my Compatriotes have been misled, and how most egregiously abused the sequestrations, impositions, excises, exactions, oppressions, and divers other exorbitant enormities (of whose smart they are most justly sensible) do sufficiently evidence; how under colour of Religion and some supposed miscarriages of persons, who had the free care of our Sovereign, they have been trapanned into Rebellion, is enough notorious to the world, how usurpers, tyrants and traitors are enriched with the spoils of the innocent is evident to too too many, who daily groan for their miseries, how all the three Nations do generally suffer by the disreglement of our Government, it is both sensible and visible to us all; Jails, racks, gibbets, and scaffolds being the sole portion of the Loyal; to repair which mischiefs, and to prevent their perpetuity, is the most concerning interest of this most distressed nation to effect; but hoc opus hic labor est. 13. If we struggle for the maintenance of that cause, which hath already cost us such an Ocean of blood, and such an incredible treasure, and entertain that fruitless war against the Spaniard, it cannot be supported but by the effusion of more, and the utter destruction of all the three nations violence, oppression, and massacry being the undoubted concommitants of so pernicious a resolution. 14. What is't that we pretend unto by the continuation of our present government? a felicity, and a constant one; what certainty thereof can our weak hopes promise us: the various mutations we have already had, are strong arguments we are in possibility of more; yet to support this frail Idol, the whole land must be condemned to an insupportable bondage without hope either of release or intermission; nay admit no private discords among ourselves did generate a new mutation; admit the whole nation did unanimously espouse the Government of a Commonwealth, and that we had an army as invincible as it hath always been formidable for the maintenance of our cause; all this ensures not a permanency nor extenuates the sufferings of the Subjects. 15 Armies by Sea and land cannot be entertained but with the vast consumption of treasure, and this must be squezed out of the livelihood of poor vassals, the sweat of whose brows cannot earn a sufficiency for the nutriment of his own family; yet must we have our miseries perpetuated to justify the crimes of usurpers, and to enrich their posterity with the beggary of our own; can we possibly be so stupid as not to be sensible of our interminable servitude? can we be so blind as not to behold the charitable care our rulers have of the public good, when they are so impudent as publicly to vaunt they fight for their own lives and fortunes, not for ours, as if we were obliged both by nature and duty to prop their greatness with our ruin. 16. Rare Patriots indeed, and right worthy Senators to be entrusted with the conservation of their countries' welfare; for the establishment of whose power, the whole Nation must be condemned to a perpetual misery; was this the motive to our fist at thing? hath all the blood spilt been sacrificed to this intent; have we brought an indelible stain upon the Nation by the death of the King to justify his Judges, have we ruined thousands of families to erect fortunes for oppressors? must the innocent be accounted criminal to avouch criminals to be Innocent? now let us no longer be deluded with apparent fancies; if we have a regard to our felicity, let us propose the means to attain to it; as long as we are plunged in a fathomeless war, we shall not be exempted from the inconveniences depending on't; and wars we cannot avoid, as long as we subscribe to no other government than the present, under whose Regency our sufferance have been as unsufferable as innumerable; nor shall we want either revolutions at home, or invasions from abroad, as long as we are disgusted with oppressions in the land, or have so numerous a progeny of warlike Princes to pretend a right to these dominions, whose titles foreign Princes of the blood, and their Allies will vigorously stickle, if not out of affection, out of reason of state, not to countenance Rebellion against the natural Prince, lest it prove a precedent to their own subjects to practise the like to their prejudice. 17. Our uninterruptable and probably immutable felicity must be purchased by our humble submission to those, who (out souls convince us 〈◊〉 have a just right to that power, which we have so tyrannically usurped; but our Conscience do incessantly alarm us, that the ugliness of our Crimes are so horrible, that a humane Clemency cannot condescend to pardon them; Indeed in Justice and rigour we cannot presume to obtain so undeserved a blessing; but mercy (the highest attribute of God's goodness) with the affluence of other singular graces are inherent in the souls of his earthly substitutes, who will as bountifully distribute them among his vassals, as the emergency shall require it, his paternal Jndulgence of his beloved people suffocates his vengeance, and surmounts the horridness of our crimes, so rather than to heap mischief on mischief, and to put a period to our threatening desolations, let us prostrate ourselves at the feet of mercy, embracing that peace with willingness, which otherwise will be imposed upon us by force, and let us have no other vengeance to stand in fear of, then that of heaven (whose gracious pardon we ought not also to despair of) disposing our souls to an unfeigned contrition, and to a perfect humility to beg his gracious remission. To you, O invincible Martialists, let me give a friendly admonition at parting; your hands have been made instrumental to our mischiefs, which served rather as Executioners of rage, than the Pillars of our cause; you had once begun with a notable piece of Justice, perfectionate that Justice for the happiness of your Country, and the redemption of those evils acted under the protection of your power: Remember whose you were at your birth; forfeit not your birthright for the compliance with avarice and ambition; a visible vengeance may befall you, as it befell your Patrons; there is none of you but is particularly guilty of a general injustice; the general Plea you pretend will prove too hard for your particulars, when you are summoned to appear before the dreadful Tribunal; not is it improbable you may feel the lash of the like scourge wherewith you have whipped your Masters; they have felt but the effect of your sword, but its edge is too blunt to encounter with the Celestial weapons: Thunderbolts, Earthquakes, and Pestilence are the arms of God's fury: no Corner can hid you from being discovered by his wrath, to err is humane weakness, but to continue in our errors is a diabolical malice; Repent you then of your deviations: your subscription to Justice will redeem you of your guilt, and reconcile you to favour: your guilt is not unpardonable, being but hirelings, and espousing a cause: necessity not reason persuaded you to believe it carried Justice on its front. Casual REFLECTIONS Relating To the Antecedent Discourse of the Idea of Tyranny upon pretended Crimes. 1. RAtional men and unconcerned in a cause will positively conclude, that a pretended Crime is no Crime, that hath not by unquestioned Laws been confirmed to be so. 2. Laws pretended to be inviolable aught to be enacted by the power and form accustomed to enact them, but where it is evident that right of Enaction is usurped upon, those Laws are no Laws, but violent impositions, and consequently no crime to violate them. 3. If at the beginning of a War it was held no crime for Vassals to in●inge their Laws, and deny their Allegiance to their undoubted Lord, how comes it afterwards to be a crime; when the undoubtedness of the Lord is not yet decided. 4. A whole age's possession of an usurped estate is not sufficient to confirm the legality of its possession, though a continual claim were not made to it by its anterior possessor: let the title first appear decided, before it be judged a crime to dispute it. 5. It was no crime by arms to dispossess a man of his right, certainly it is no crime by arms to endeavour the recovery of that right; it is less injustice to struggle for ones propriety, then to have it detained from him by violence. Liberty and Religion, the ordinary stalking horses to Rebellion, have so dazzled the eyes of the vulgar, that they run headlong upon Precipices, whence a wise Retreat promiseth them no safety; so that they will rather hazard their ruin by an obstinate folly, then court an assured security by the acknowledgement of their error. Who will commiserate the misery of such stupids? their calamities are the just rewards of their madness: too much felicity made them quarrel with the heavens, and innocence, and it must be a superlative affliction that must restore them to the perfection of their senses. God's wrath is not implacable, if it be but pacified with repentance, the scourge, that now chasteneth us, may upon our dutiful submission be cast into the fire as useless; our distasters are generated from our own corruption; let us but rectify our disorders, and the confusions attending on them will cease in their effects. AMBITION. AMbition to compass its design, easily leveleth all difficulties that oppose it; it stumbleth not at iniquities, so they contribute to its progress; and once waded in blood for the advancement of its attempts, it will rather swim in an ocean of it, then be interrupted in its course, holding it its greater security rather to heap Tragedy upon Tragedy, then to condescend to succession, or to limit its violence with moderation. Humane thoughts never want objects for their fancy, and those objects they pursue with that vehemence, that they ordinarily ruin either themselves, or others in the acquest; yet if any should assure them of ruin in their attempts, such is their itch to that airy bubble of Glory, that death itself will not be formidable, when the object they aim at, promiseth a supposed felicity. Men of high Talents, whose actions should be squared by the inerrable rule of Reason, should never admit of fancy to overmaster their Judgements; the proposals of felicity, they make themselves, should be unquestionable: If it admitted either of doubt or prejudice, whereby they might be frustrated of their aim, a mediocrity of welfare with tranquillity, were to be elected before a vast greatness with disturbance. If we ambitionate things unjust entrenching upon the right of others to perfectionate our intended felicity, our felicity is eclipsed by the vexations and molestations we meet by the opposition of our Antagonists, by which reason we should rather desist from our erterprises, then give augmentation to our mind's disquietness by the frequent encounters of Disasters. Most men are erroneous in the apprehension of their Felicity, Honour, Glory and Riches being their ordinary objects, are but smoky substances to make it solid and imperdible: all these are daily subject to casualties: for what with difficulty we have acquired in a year, may by an unexpected accident of fortune be lost in a day, and often times by the same means, we projected to mount the throne of our felicity, we inevitably fall into the abiss of disgrace. True felicity is not so frequently seen in the sumptuous palaces of greatness, as in the meanest cottages of humility; the highest Oedars are shaken with storms, when the lowest shrubs lie secure from the disturbances of the winds: all greatness lies exposed to the malicious assaults of envy, where humility lives secured under the protection of her meanness; why then should we not rather satisfy ourselves with that felicity which is ever fortified with security, then to our anxieties research that greatness that is never unaccompanied with danger. STATE INFANCY. HE must be no Novice in knowledge who will give growth to the puerility of a State; he must be well studied in the constitution of the clime it lives in, to give it nutriment digestible, that it may thereby become vigorous in its growth; it must neither be cloyed with delicacies to make it wanton, nor yet hunger-starved with s●ntness, whereby to engender malignity. Dominion is much more easily acquired then maintained: an opportunity offered may facilitate a Conquest, but discontents arising from alterations, may frustrate the settlement: that yoke is but grudgingly born, where liberty pretends a privilege to emancipation and subjection transmuted into a servitude, doth undoubtedly generate a most malicious repining. No Government, how prudently soever managed, can give an early tranquillity to a new erected State: nor can general Maxims be adapted to every shape: the distempers of predominant Dispositions must be tempered according to the quality of the infirmity: Magnanimity is not domitable by compulsion, though it dissemble a necessitated commission; nor is pufillanimity fixed in its affection, where there is entrenchment upon its interest. Whether love or fear be the fit Cement in the structure of Government, is a question much disputed among Statists, both being inexcusably necessary for its settlement; the are consists in their dextrous application; Fear engendereth hatred, therefore the insinuation thereof should be with a most prudent cautiousness; love begetteth unanimity, and consequently an addition of strength in the emergency of occasions Power and Authority, two main Pillars of a State, must be seconded by prudence to make its basis unbeautable, the whole extent of power is not to be adoperated until it be excited by extremity, and authority not to be exercised but with moderation to temper the violence of its effects: for where rigour is the executioner, hatred hath its generation, and the spleen it dare not manifest a calm, it will undaintedly proclaim in a storm. Tranquillity being the true object of Warfare, cannot be too dearly bought, and the more easy is the purchase, the more permanent will be its continuance: Benefits insinuate into the very affections of our enemies, where discourtesy convert friendship into enmity: there cannot be a stronger basis for the foundation of a State, than the rock of popular affection: Discontents being the sole destructor of the Fabric. The very sensitive Creatures apprehend both injury and kindness, and as they find their effects, will give a testimony of their sense; yet injuries make the deeper impression in the memory, smart being a stronger provocative to wrath, than kindness to affection: so that displeasures are deeply engraven in the memory to the frequent disturbance of the actor, and benefits are easily forgotten, if they be not renewed by continuance. The oblivion of a benefit is no absolute abolition of the benefit; a drachm of the oil of kindness, upon a fit opportunity, refresheth the memory, and tempers to a gratitude: but the sting of discourtesy causing a continuance of pain, inciteth the will to revenge, which growing inveterate through malice, will dissemble the resentment of the injury, until the occasion prove opportune for the retort. Encroachment upon the privileges of nature, though it be with the authority of Parents, is most repugnant to nature, how much the more, when imposed by the authority of Magistracy; it is no small difficulty to domestic savage creatures by rudeness, but much more to overmaster the indomitable heart of man with the violence of oppression; well may he be made submissive to the correction of the rod, but never can his will be gained to an affection of his Scourger. The Idea of Tyranny is a Commonwealth ruled by Anabaptists and the Phanatique Party. The Idea of the Law is a good Government: the Idea of a good Government is Episcopacy; the Idea of Episcopacy, is the King, and the King is the Effigies of God. God save the KING. I writ not against any man maliciously: I have seen some mistakes in the Law, and Government also: the late Rulers of this Nation were cruel, God forgive them: I pray for the King and this Parliament, and envy no man, but am glad if in either Physic, or the Law I can serve the Commonalty in their necessity. I pray for Peace and Prosperity: I will submit and obey to what Government God enthrons in England. FINIS. Books published by John Heydon, Gent. A new Method of Rosy Crucian, Physic. Three Books of Geomancy and Telesms, entitled the Temple of wisdom. The wise man's Crown. The Rosy Crucian Axiomata. The way of Bliss in four books, complete, the last of Projection. The Familiar Spirit. The Way to converse with Angels and Genii by Astrology and Geomancy. The Way to Health. The Way to long Life. The Way to wax young being old. The Way to Wisdom and Virtue. A new Method of Astrology. Cabballa, or the Art by which Moses, Joshua and Elijah did so many Miracles Telesmatically in the sight of the people. Of Scandalous, Boooker, Sanders and Lilly, Nativities, a Comedy. Oliver Cromwell, A Tragedy of his actions during the War. A Tragedy of his Protectorship. A Comedy on the Phanatique Parliament, and on the Committee of Safety: after which the Rump appears: and tragically concludes. THe Method of this Book is my own. And for my Precedents I made use of, they are many. But the Author's names I have purposely left out, because I am not controversial. And it had been all one labour inserting the matter, to give you both the Author and Place. This would only have troubled the Text, or spotted a Margin, which I always wish may be free, for the comments of the man that reads: Besides I do not profess myself a Scholar: and for a Gentleman I hold it a little pedantical. The form of Government, Justice and the Law I have charactered; and you may easily see what is just and what is unjust: And the difference between a good Government and Tyranny. And though I have had some Dirt cast at me for my pains, yet this is so ordinary, I mind it not, for whilst I live here, I ride in a Highway. I cannot think him wise who resents his Injuries, for he sets a rate upon things that are worthless, and makes use of his spleen where his scorn becomes him. This is the entertainment I provide for my Adversaries, and if they think it too corpse, let them judge where they understand, and they may far better. I hope the Learned will remit my errors, which through haste or other Infirmities were committed. I shall not plead for the Ingenious Compositor and serious Corrector. The Industrious Printer is to be excused by those noble Gentlemen, who have not only Judgement to discern, but courtesy to pass over small Faults: The most remarkable are these following. In the Paragraphs of the Idea of the Law. PAr. 5. l. 24. r. Jah. l 52. r. admodum. p. 37. l. 4. r. incurs. p. 54. l. 3. r. Charles. p. 58. l. 11. r. square. p. 63. l. 11. r. Censorian. p. 66. l. 6. r. they. p. 67. l. 4. r. that. p. 71. l. 2. r. crimes. p. 72. l. 10. r. delinquent. p. 75. l. 4. r. pretence. p. 78. l. 5. r. pretermitted. p. 81. l. 5. r. prohibit. p. 95. l. 16. r. wordy. p. 101. l. 8. r. Laws. p. 115. l. 1. r. the Law. p. 108. l. 1. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 121. l. 2. r. satiring. p. 129. l. 1. r. there. In the Idea of Government in the Epistle to the Reader. Pa. 2. l. 9 r. so. p. 5. l. 23. r. slice. p. 5. l. 24. r. trice. p. 5. l. 25 r. wingy. p. 6. l. 4. r. knee. p. 6. l. 5. for now, r. And so. p. 8. l. 8. for bring the Kingdoms also. r. And bring King, etc. In the Proemium. Pag. 10. l. 9 r. Riches. p. 21. l. 15. r. for in a happy Commonwealth under the Government of King Charles. r. as in unity of King and Parliament. In the Idea of the Government. PAR. 1. l. 2. for Introduction, r. Proemium. p. 11. l. 38. r. catch. p. 11. l. 34. r. reed. p. 24. l. 7. for thus he told me, r. thus it is written. p. 38. l. 7. r. sensible. p. 54. l. 5. r. deface. In the Title, r. Government. In the Preface. p. 26. l. 16. r. Proemium, Government, Epilogue and Tranquillity, etc.