which prohidite and restrein future cases necessarily connext with matters past As for example If a Law should interdict some kiâ—d of Trades-men the vend of their Commodites for hereafter the Letter of this Law is for the future But the sence and meaning takes hold of the time past for now it is not warrentable for such persons to get their Livings this way 82. Every declaratory although there be no mention of time past yet by the force of the Declaration it is by all meanes 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 it self wherefore never enact declaratory Laws but in cases where Laws may in equity refer and look back one upon another and thus I have shewen 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 Judgments 84. The Prophetical Law-giver 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 wayes 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 uniforme Law the latter way I approve for by the former way Decrees become complicate and perplext 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 it self that is the Decrees heretofore made are to be searched into and duely weighed and examined before the Law be published but but the cheif point is that by this meanes the Harmony of Lawes is notably designed fot the future 86. It was a custome 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 Lawes review Anti-nomies every third or fift year or as they see cause And these may be search't into and prepared by Committees assigned therto and after that exhibited to Assemblies that so what shall be approv'd may be suffrages be establisht and setled 87. Now let there not be too scrupulous and anxious pains taken in reconciling contrary Titles of Law and of Salving as Mr Phillip Green terms it all points by subtil and Studie Distinctions for this is the web of wit and however it may carry a shew 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 cancell'd and the rest stand in force 88. I advise you to let such Lawes as are obsolete or growen out of use as well as Anti-nomies be propounded by delegates as a part of their charg to be repeall'd for seeing express Statute cannot regurarly be voyded by Disuse it fals out that through a Disestimation of Old Laws the Authority of the rest is somewhat embased And the Cromwells Tyrannical Torture ensues that Lawes alive are murthered and destroyed in the feare of God with the deceitfull imbracements of Lawes dead But above all beware of a Gangreen in Lawes 89. For such Lawes as are not lately published let the Pretorian 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 then the Lawes yet this may be understood of Lawes 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 publique 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 least the safty of the Commonwealth should in the mean while be endanger'd 90. If Lawes accumulated upon Lawes 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 intend it by all means and let such a work be reputed an Heroicall noble work and let the Author of such a work be rightly and deservedly ranckt in the number of The Right Worsh Ralph Gardener Esq Justice of Peace and Councellor of Estate to the Supream Authority of England c. And such Founders and Restorers of Law 91. This purging of Lawes and the contriving of a new Digest is five wayes accomplisht first let obsolete Lawes which Mr. Thomas Heydon terms old fables be left out Secondly Let the most approved of Antinomies be received the contrary abolish't Thirdly Let all coincident Laws which import the same thing be expung'd and some one the most perfect among them retain'd 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 Casheer'd 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 super-added 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 Judg 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 truely by a new Text than by such a Consarcination yet in Laws not so much the Stile and Description as Authority and the Patron thereof Antiquity you must
Authenticks at all or sparingly entertain'd 109. Nothing so much imports certainty of Laws of which I now discourse as that Authentick 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 Judg confounded proceedings 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 Classick writers or rather some small parcels of few writers may be received for Authenticks yet of the rest some use may be made in Libraries where Judges are Advocates may as occasion is offered read their discourseâ— but in cases to be pleaded at the Barr let them not be permitted to be brought alledged in the Court nor grow â—p into Authority 110 I advise you next that you do not let the knowledg and practise 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 Abridgments of Formes of Pleadings 111. Young Students and Clerks are to be entered by Institutes that they may the more profoundly and orderly draw and take in the knowledg 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 bin tasted and preconceived by slight notion touch not the publick Laws in Institutes but let that be deduced from the Judges of themselves 112. I advise you to compile a Commentary upon the Termes of Law be not too curious and tedious in the explication thereof and of rendring 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 Termes 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 lâ—ured Treatise of divers Rules of â—onduceth if any thing doth â—certainty of Laws a work worthy the Pen of the greatest Witts 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 subtil and abstruâ—e which may be abstracted out of the Harmony of Laws and Judged Cases such as are sometimes found in the best Rubricks 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 Lawâ—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◠〈◊〉 formes of publick Goverment 115. After you have delivered in a brief substantial comprehension of 〈◊〉 let ther be for explication anâ—t â—ples 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 Mariners Needle doth the Poles Indicates only not determines Law 117. Besides the Idea of Law it will avail also to surveigh the Antiquities or Ancient Records of Laws whose Authority although it be vanisht yet their reverence remaines still And let the writings and Judgments concerning Laws be received for the Antiquities of Laws which in time preceded the body of Laws whether they were publisht or not for must not be lost therefore out of these Records select what ever is most usefull for there will be found much vain and frivolous matter in them And collect them into one volume lest old Fables as the Learned Buxtâ— cals them be mixt 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 practick part of Laws that the whole Law be digested into places and Titles whereto a man may have as occasion shall be given a suddain recourse as to a furnisht promptuary for present practise these Books of Abridgments 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 practick part and slothfull for the knowledg it self 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 Judgment least they commit Fellony against the Law 119. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. The Secret of the Lord is for them that fear him and his Commandement is to make them know it Thus you see the Misteries 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 coverings 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 Formes of Pleading in every kind for this conduceth much to the practick part and certainly these Formes do discover the Oracles and secret misteries of Laws but in Formes 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 guid to the way but that present businesses should be hazarded and there should be no means to know the Law before the matter be dispatcht 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 Lawfull for the Judg to depart from their opinion I cannot approve let Law be derived from sworn Judges 123. To feel and sound Judgments by fained Cases and Persons that by this means men
perceive in the great and marvellous hidden Misteries of the Canons which some Popes of Rome do fructifie 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 then this so many titles of Robberies of Clokes of Indulgences of Bulls of Confessionals of Pardons of Rescripts of Testaments of Dispensations of Priviledges of Elections of Dignities of Prebâ—nds of Houses of Holy Churches of Liberties of the place of Judgement of Judgements c. 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 then ever the Jews had the weight of which being put thereto the light and sweet yoke of Christ is become much more grievous then 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 entercourses enmities of the Canons about the murders of men robberies thefts spoils factions conspiracies wrongs Treasons and the cases of the Censorian Courts Moreover then this Perjuries of witnesses falsifications of Notaries conclusions of Advocates corruption of Judges ambitions of Counsellors Revenues of Presidents 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 scape 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 practise of the Law which is full of deceits craftily set out with a colour of perswasion which is nothing else but to know how to intreat the Judge gently with perswasion and to know how to use the Laws of their fantasie 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 controversie to alledge the Laws in such wise that the Praetorian Court is turned into falsehood to entangle the Authority of the Atturneys in such sort that the meaning of the Law-maker is subverted to cry out with a lowd 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 perswadeth 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 babling and force of his tongue can prate of every thing and also can make one case better then 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 Apostolick 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 deceipts wiles crafts malitious alterations snares entrappings subtil practices incombrances controversies circumventions Scylla's and Charibdis's 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 disanul 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 Morgage 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 then us The Lawyers of all Courts of Judicature interpret diversly one from another And I have a Controversie with them as sometime my Predecessor Doctor Nicholas Culpeper had with the Colledge of Physitians he desired the health of his poor Countreymen amending the Bill of the Doctors and prescribed good Medicines for poor people and being envyed it is supposed he was poysoned Now I hope to correct the Errors of the Law by the Idea and as briefly as I can I have shewed 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 Practises Atturneys are instructed and maintained which do so much bind their reputation with the famous memory of those Laws through everâ— 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 deceipt 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 mens 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 c. 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 honor undeserved and base people into
THE IDEA OF THE LAVV 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 viua Effigies Johunis Heydon Equitis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nat 1629 Die 4 Sept 10 P. M. Gaudet patientia duris T. Cross Sculpsit To the Right Worshipfull 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 c. 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 vertues and splendor of Learning and frequent making of Acts and giving of Laws with solid Prudence and Elegant readiness of Speaking and Writing Knowledg of many things Constant in Religion Assisting the Poor in their Just Causes and delivering the Imprisoned out of the hands of blood-thirsty Creditours 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 Armes 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 farr greater then all these for those your Heroick and superillustrious vertues by which you truly have caused that by how much the more any one is Learned and loves vertue so much the more he may desire to insinuate himself into your favour whence I also am resolv'd 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 least I only should be a Neglector of your Worship I durst not apply my self 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 it self as I attempted to Character it when I followed the Practise of an Atturney in the Upper-Bench at Westminster c. And now the Revolutions of Troublesome Tyrants and my own Misfortunes being almost past I presently made hast as it were to pay my vows to present it to your Worship to compleat Truly I was perswaded that I could give nothing more acceptable to you then 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 Knowledg 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 Aprill 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 c. COncerning the Choyce 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 chuse 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 publickly profess I never read of any more wise and vertuous and so truly and becomingly Religious and where the right Knowledg of the Laws of God given to man bears the enlightned mind so even that it is as far from doing any wrong as Justice it self 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 meer 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 choyce of so true a lover of the piety of the Law as your self 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 choycest 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 priviledg to have them all and yet not to take upon you nor to be any thing more Imperious or Censorious of others then they ought to be who know the least These were the true considerations that direct me in
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 Tythe of prayses might be paid Unto your Skil 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 quaint 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 Whil'st other Law Books Lac'quey by it's side Let Cook and Littleton give place their dayes Have long enough continued let the Bayes Be given to those deserve it better and Let Shepherd know That Heydon may command The Lawyers Lawreat as his proper due For this choyce treasury so learn'd 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 rebelles 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 shewes and taxeth Thus is had The Laws true form plainly both shew'd and taught In teaching which I find omitted nought Go on Learn'd 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 Formes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And thus compleated 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 retyring into himself he enjoyed his own eternal Rest which is his immutable and indefatigable Nature that with ease oversees all the whole Compass of Beings 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 Dayes 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 sinfull Estate his First-born Cain killed his brother Abel and therefore had the mark 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thau 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 c. 3. And afterwards Lawes were given to men to be executed One not to oppress another but to fear God do his Statutes and keep his Judgments 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 Mankinde c. So Lawes were established amongst men before Moses 5. And I look upon Moses mainly in reference to the publick 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 Judgment of Heathen Writers he had the preheminence above all the rest the Rosie-Crucians place him in the head of their Infallible Axiomata of the most Famous Law-givers 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 reserv'd for the last and most notable Instance of those that entituled their Lawes Divine and made themselves spokemen betwixt God and the people This Mneues is said to receive his Lawes from Mercury as Minos from Jupiter Licurgus from Apollo St. Chrystopher Heydon from his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his good Genius As Moses from Jao that is Jehovah 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But they speak like meer 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 Lawes from these Deities And Aristotle adds the reason of it too but like an errant Statesman or an incredulous Philosopher 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Whether it be saies 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 Law-givers would be more obedient to their Lawes Pretorian 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 Lawes of our Land established in the Gospel of Jesus Christ being a President for all Lawes and Statutes 7. And first if we will not gainsay the authority of the Greek Text we shall not only be fully perswaded 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Deut. 32. When the most High divided the Nations when he separated the Sonnes 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 c. So that it is not improbable but that as the great Angel of the Covenant he whom I in my Book named The Wisemans Crown and in another entituled A new Method of Rosie Crucian Physick 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 Lawes to his charge so the titular Angels of other Nations might be Instructors of those that they
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 thy self 34. Love worketh no ill to his Neighbour therefore Love is the fulfilling of the Law 35. Rom. 13. And all other Lawes depend upon these The Politick 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 rectifie 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 Civill Society either Law or Power prevails for there is a Power which pretends Law and some Lawes taste rather of might than right Wherefore there is a threefold Source of injustice Cunning Illaqueation under color of Law and the harshness of Law it self 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 incurrs 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 Lawes lest Injuries by turns seize upon every Particular But if through the corrupt Humor 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 Publick Law For Lawes are for the People Magistrates for Lawes The Authority of Magistrates depends upon the Majesty of Kings and the forme of Policy upon Lawes Fundamental Wherefore if this Government be good sound and healthfull Lawes will be to good purpose If otherwise there will be little security in them Yet notwithstanding the end of Publique 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 Armes 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 Lawes should level 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 train'd up in Piety and Religion if they be honest for moral conversation secur'd by Armes against Forraign Enemies munited by Lawes against Seditions and private wrongs Obedient to Government and Magistrates Rich and flourishing in Forces and wealth But the Instruments and Sinnes of all blessings are Lawes 40. And to this end the Lawes we receiv'd successively by Moses were first from God and then from him by Josuah and from Joshua by the 70 Elders c. But the best Lawes we received from Christ the Apostles delivered them to the Bishops c. And the end they attain you read before But many Lawes miss this mark For there is great difference and a wilde distance in the comparative value and virtue of Lawes For some Lawes are excellent some of a middle temper others altogether corrupt I will exhibite according to the measure of my Judgment some certain Lawes as it were of Lawes whereby Information may be taken what in all Lawes is well or ill received by Massora and established or by Tradition tinctur'd with the virtue or vice of the Judges and their Brethren 41. But before I descend to the Body of Lawes in particular I will briefly write the Merit and Excellency of Lawes 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 President That is the best Law which gives least Liberty to the Arbitrage of the Judg 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 Lawes 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 President of certainty 44. The narrow compass of man's wisdome cannot comprehend all Cases which time hath found out and therefore New Cases do often present themselves In these Cases there is applyed 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 Judgment whether in Courts Pretorian 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 Judgment touching which these Rules following are to be observed Let Reason be fruitfull and Custome be barren and not breed new Cases Wherefore whatsoever is accepted against the sence 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 publick 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 Lawes penal much less capital should be extended to new Offences Yet if it be an old Crime and known to the Lawes but the Prosecution thereof falls upon a new Case not foreseen by the Lawes You must by all means depart from the Placits of Law rather than that offences pass unpunish'd 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 express'd there is no great danger if the Cases omitted expect a Remedy by a New Statute 48. Such Constitutions as were manifestly the Lawes of time and sprung up from
carefully observe otherwise such a work might seem a Scholastick 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 extinguisht 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 sprinckle 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 least 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 Tirannically maimed and compiled by the Judgment and choice of a less wise and Learned man Thus have I shewed you the obscurity of Laws arising from the excessive and confused accumulation thereof I shall next speak of the dark and doubtfull description of them 96. Obscure description of Laws arise either from the Loquacity oâ— Verbosity of them or again from extream 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 endeavors to pursue and express every particular case in apt and proper tearms hoping to gain more certitude thereby contrary-wise it fals out that through many words multitude of Questions are engendred so as more sound and solid interpretation of Law according to the genuine sence and mind thereof is much intercepted through the noise of words 98. And yet notwithstanding a too concise and affected brevity for Majesties sake or as more imperial is not therefore to be approved specially in these times least Law become perchance a Lesbian Rule wherefore a middle temper'd stile is to be imbraced and a generallity of words well stated to be sought out which though it do not so throughly pursue Cases comprehended yet it excludes Cases not comprehended deerly enough 99. Yet in ordinary and politick Laws and Edicts wherein for most part no man adviseth with his Counsil but trusteth to his own Judgment 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 customes But these prefaces commonly as the times are now are necessary prefixt not so much for explication of Law as for perswasion that such a Law may pass in the solemn meeting of a State and again to give satisfaction to the Communalty 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 Extention thereof must not be fetcht from thence for a Preamble by way of Example sometimes fetcheth in Layes hold upon some of the most plausible and most specious passages when yet the Law compriseth many more or on the contrary the Law restraines 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 fals either short or over 102. And there is a very vitious manner of Recording of Laws that is when the Case at which the Law aimeth is exprest 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 reverst into the Preamble so as the Preamble is inserted and incorporated into the Law it self 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 it self 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 wayes 103. The wayes of expounding Law and Solving doubts are five for this is done either by Court Rolls and Records or by Authentique 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 Judgments 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 Republick 105. The manner of collecting such Judgments and reporting them let this be Register the Case precisely the Judgments exactly annex the reasons of the Judgments alleadged by the Judges mingle not Authorities of cases brought for example with cases principal as for perorations of Sarjeants Counsellors and Barresters c. Unless there be something in them very remarkeable pass them over with silence 106. The persons which should collect these Judgments â—t them be of the order rank of Sarjeant Wild Mainard Twisden Sr Peter Ball c. the Learnedst Advocates and let them receive a liberal Remuneration from the State let not the Judges themselves meddle at all with these Reports least perchance devoted to their own opinions and supported by their own Authorâ—ty they transcend the limits of a Reporter 107. Digest these Judgments 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 Judgments enrolled besides these either let there he no othere
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 oâ— 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 publick from the Judges themselves for this were to make the Judg 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 aime was only to make ostentation of wit and this is an old desease 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. Judgments become incertain either through immature and too precipitate preceedings to sentence or through Emulation of Courts or through ill and unskilful registring of Judgments or because there is a too easie and expedite way open of reversing and rescinding them wherefore it must be provided that Judgments Issue forth not without a staid deliberation had aforehand and that Courts bare a reverent respect to one another and that Decrees be drawn up faithfully and wisely and that the way to repeal Judgments be narrow rocky and strewed as it were with sharp stones 127. If a Iudgment 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 Judgments awarded must needs be repeal'd 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 Judg to enlarge the priviledges of the Court is openly countenanced and spurred on whereas it hath need of the bridle but that out of this heat of stomack Courts should so easily reverse on both sides Judgments awarded which nothing pertain to Jurisdiction is an insufferable evil which by all means should be repress'd and punisht by Kings or Counsels of State or the form of Government for it is a president of the worst Example that Courts that should distribute peace should themselves practice Duels 129. Let there not be too easie and free passage made to the repealing of Judgments by appellations and writs of Errors or re-examination c. It is maintained by a Judg in the Common Pleas that a Suit may be brought into a higher Court as entire untried the Judgment past upon it set aside but the execution thereof may be staid in the Kings Bench is of opinion that the Judgment it may stand in force but the execution thereof may be staid neither of these is to be allowed unless the Courts wherein the Judgment was awarded were of a base and inferiour Order but rather that both the Judgment 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 reverst 130. Now all they which have written of Laws hitherto have handled many things goodly for discourse but remote from use that I ave written is received from the best presidents â—n the world and is what humane society is capable of what maketh for the Wea le publiek what natural Equity is what the Law of Nations And how Moses received them from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. The all enlightning recess of Souls how the law Christ commanded was love one another to do to all men as they would be don unto before his glorious Resurrection Ascention into heaven where he sitteth at the right hand of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. And thus shall he come again to Judgment as he was seen to go up answerable to what he himself said as the Lightning commeth out of the East and shineth unto the west so shall also the coming of the Son of man be c. therfore let us serve God whose Divine Majesty I humbly implore through his Son and our Saviour that he would vouchsafe gratiously to direct and accept these and such like Sacrifices of humâ—ne understanding seasoned with Religion as with salt and incensed to his glory In Natures Law t is 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 President in Nature Reason and Philosophy By John Heydon Gent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prudens tenebrosa penetrat Proverbs 24. 21 22. My Son feare 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 ruine 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 fondly concieve it a Devil but they are mistaken that Dog's call is Lilly 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 delightfull streames 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
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 holyest Divines but so far forth as the Pope doth permit and shall authorize 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 Emperour pretended to have in Philosophie Physick 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 Vlpian saith the Law is King of all things both Humane and Divine whose vertue is as Oramasus saith to command to grant to punish to forbid then 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 antient Law-makers 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 Popes Law presumeth to bear sway over all things and exerciseth Tyranny like O. Cromwell and his fellows and how by woful experience you see it preferreth it self 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 Traytors which in the fear of God do Rob and Murther 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 carryed into flesh was the cause of all our miseries Now the Law of the Pope O. Cromwell and his fellows proceeded from Tyrannie 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 rejoyce if justice nor faithfulness Injury is not done to him that is willing It is lawful for them that traffique 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 then I and many such things which afterwards were written among the Roman Laws and now lately practised since King Charles the First was murthered 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 Kings account or at the Kings 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 Governours 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 then there be names of things For whereas men were prone and enclined 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 Law-givers of which Moses was the first c. 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 Free-man 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 Sedâ— Mahomet Bookâ— a Barbarian who ran away from his Master demanded at Rome the Pretorship the which he administred 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 houshold-stuff 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 then 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 gooâ—men 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
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 spoiles that these men expect if they could break through such a croud 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 meere cypher 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 supreame Lord and Soveraigne by whom Reason lives and moves and hath its being for if only a Creature should bind it selfe to the conditions of this Law it must also inflict upon it selfe such a punishment as is answerable to the violation of it but no such being would be willing or able to punish it selfe 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 owne commands and will by this meanes engage a Creature to be more mindfull of its own happinesse then otherwise it would be 55. Now there are not onely 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 owne 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 ther '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 heape of Contradictions so that this evill 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 Philosophers love to speak Essentiae rerum sunt immutabiles Essences neither ebbe nor flow but have in themselves a perpetuall unity and Identity And all such properties as flow and bubble up from beings are constant and unvariable but if they could be stopt 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 encline 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 neare them 58. This Judge Glyn termes a Naturall 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 Morall obligation also and make up the formality of a Law Therefore God himselfe for the brightning of his own Glory for the better regulating of the world for the maintaining of such a choice piece of his workman-ship as man is he hath publisht his Royall Command proclaimed it by the principle of Reason which he hath planted in the being of man which doth fully convince him of the righteousnesse and goodnesse 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 evill 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 compleatly 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 vertue 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 choyce 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 reveale 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 Comlinesse 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 owne wisdom and goodnesse and being so that if he will create such a being as a man such a Rationall creature furnisht 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 intrinsecally 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 advantagious to it which in his wise Oeconomy and dispensation he publisht 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 mans being but ultra nativam rei malitiam as the Lawyers plead it is also a vertual and interpretative contempt of that supream Law-giver who out of so much wisdom and love and goodness did thus bind man to his own happiness So much
emergent Occasions then prevailing in the Kingdome I think now it is called so by Carolus Magnus secundus The State oft times now changed they are reverenc'd 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 Olivers time 49. There can be no Sequel of a Sequele but the extention must be arrested within the Limits of immediate Cases otherwise you fall by degrees upon unresembling Cases and the Subtilty of wit will be of more force than the Authority of Law 50. In Lawes and Statutes of a compendious Stile extention may be made more freely But in those Lawes 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 damms up the streams of a former Statute neither is the Extention received afterward in the one or the other For there is no Superextention can be made by a Judg where once an extention hath begun to be made by a Law 52. The Forme of words and Acts of Court doth not admit an Extention upon like Cases for that looseth the nature of Formality which departs from Custome to Arbitriment And the Introduction of Olivers Tyranical new Heavy Cases imbaseth the Majesty and cloggs the purity of the late Sacred King Charles his Statutes 53. Extention of Law is aptly applyed unto cases Post nate which were not existent in Nature when the Law was enacted For where the Case could not be exprest because there were not such extant a Case omitted is accepted for a Case exprest if the reason be the same So for extention of Lawes 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 inferr'd where Law is imperfect As for Custome which is a kinde of Law and for Presidents which by frequent Practice are grown into Custome as into a Tacite Law I will speak in due place But now I speak of Examples or Presidents 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 Presidents must be derived from Queen Elizabeth King James King Charles and his happy Son being good and moderate and not from the bloudy 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 Majesties 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 Presidents taste more of their own times than of right Reason 56. But those Presidents 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 seeme 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 Lawes 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 your selves 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 ought to be entertain'd with Jealousie Wherefore here as in obscure cases follow that which is least doubtfull 58. Beware of Fragments and Compounds of Examples and view the example entire and every particular pâ—ssage thereof For if it be inequall and unreasonable before a perfect Comprehension of the whole Law to make a Judgment upon a part or Paragraph thereof much more should this Rule hold in Examples which unless they be very square and proper are of doubtfull use and application 59. In Examples it imports very much through what hands they have past 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 Superiour Counsellors or with the Master of Errours by the people they are to be rejected and little to be esteemed of but if they have been such precise Presidents or Counsellors of Estate Judges to Principal Courts as that it must needs be that they have been strengthened by the â—acite approbation at least of Judges they carry the more reverence with them 60. Presidents that have been publish'd however less practised which being debated and ventilitated by Discourses and disâ—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 Lawes I would not have them drawn from Writers of History but from publique 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 Lawes and Judicial Proceedings too slightly and if perhaps they have used some Diligence therein yet they vary much from the authentick 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 relinquish'd it 63. Examples are admitted into Councils but do in like manner prescribe or command Therefore I advise you to let them bee 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 Presidents where Law is imperfect it followes next that I speak of Courts Pretorian and Ceuforian Courts of equity and of penalty as I practised of Cliffords 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 Judgment for the Law as is observ'd 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