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
out both in matters Criminal which have need of penalty and in matters Civil which have need of reliefe 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 Pretorian Courts of equity have power to quallify the rigor of Law that none be imprisoned but those taht 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 past 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 least 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 Inferiour 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 alledg 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 tryal 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 punish't yea although they were never perfectly accomplish't and let that be the cheifest use of those Courts seeing it appertaines 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 Pretorian Courts such cases be not countenanced which the Law hath not so much pretermitted as slighted as frevilous or as odious Judg'd 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 mittigating the rigour of Laws they do dissert or relaxe the strength and sinnes thereof by drawing all to Arbitrement 76. I advise you not to let Pretorian 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 Judg Rolle sayes to several by all meanes let there be a seperation of Courts for there will be no distinction of Cases where there is commixtion of Jurisdictions but you shall have Arbitrement incroach upon and at last swallow up Law 77. The Table of the Pretors amongst the Romans came in use upon good ground In these the Pretor set down and publisht aforehand by what forme of Law he would execute Judicature after the same example Judges in Pretorian Courts The Kings Bench Chancery Common Pleas c. 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 Judg He the best Judge that takes least liberty to himself you see how time alters Laws since Moses recieved them from God and what Laws Christ gave you in the Gospel and now how Pollitickly they are practised by tedious Clerks proud Students covetous Councellors Self-will'd Serjeants whose Learning is great yet at last the Patient Clients are willing to go home where they lament their losses sustained through the Errors of proceedings the Crasy Judge he sits quietly willing rather to sleep then to prescribe a method of good wholsome Laws to the People And thus the poore suffer but I hope to give you a cleare way in passage onely 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 Judgment and supply that which is omitted by the Law fot rhe 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 Law-giver 78. I have found that there is likewise another kind of supplement of Cases omitted when one Law falleth upon another and withal drawes 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 alleag'd for I like not to see a two fac'd Janus in Lawes 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 insnar'd by a succeeding Law wherefore in case of subtil shifts and sinester devices it is very meet that Lawes 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. Lawes which strenghten and establish the true intentions of Records and Instruments against the defects and formes 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 adjudg'd be not reverst 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
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
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 Aprill 27. 1660. TO THE MOST EXCELLENTLY ACCOMPLISH'T THE HONORABLE NOBLE LEARNED AND MOST HIGHLY OBLIGING OF ALL GENEROUS SPIRITS PHILIP GREEN of Staple-Inne Esq JOHN HEYDON In testimony of the Honor 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 Kings Bench Common Pleas c. 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 looke 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 farr better Nature He that knows this knows the Subject of the Rosie Crucian Medicine to procure long Life Health Youth Riches Wisdome and Vertue 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 publick 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 Rosie Crucian infallible Axiomata there you shal find what destroyes or preserves the Temperament of Man I will in this Preface Digress but not much from the purpose because I will shew you the Nature of man how he fell and wherefore Laws were given c. Now in my Vacation I studied Man and in him I found three principles homogenial with his life such as can restore his decayes 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 daube their follies and abominable deceipts and horid cheats upon every wall post and pissing place c. 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 meerly 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 tels you the same thing for he makes Adam the Son of God not in respect of the exteriour 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 chiefly of two Portions Ruach and Mephes Inferiour and Superiour The Superiour is Masculine and Eternal The Inferior Faeminine 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 Hieroglyphick or outward representation of our inward vital Composition for Life is nothing else but an union of Male and Female Principles And he that knowes 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 sence 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 Vice-Roy and gave him a Law with full Iurisdiction over all his works that as the whole man consisted of body and spirit so the Inferiour Earthly Creatures might be subject to the one and the Superiour 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 nullifie reverse and violate that which God had enacted that so at once like an Inferior Bailiffe 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 expel'd from light to darkness and thus Rebellion is as the sin of Witchcraft A Witch is a Rebel in Physicks and a Rebel is a Witch in Politicks the one Acts against Nature the other against Order the Rule of it but both are in league with the Divel as the first father of Discord and Sorcery Satan being thus ejected as the condition of Reprobates is became more hardned 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 pleas'd his faeminine 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
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
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
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
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
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 â—th and foul desire And leaves the Soul Aethereal throughout Baâ—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 Captaine among the Hebrews his Laws you shall find in the following discourse Afterwards amonst the Hebrews their Law-givers 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 Judges brest 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 Lawes both good and wholsom for his happy Kingdoms that then flourished in Armes and Learning during his Reign c. Other Nations also had their respective Law-givers 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 Caldeans Persia had Magitians i. e. Wisemen India had Brachmans 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 Britains were the Druides amongst the Rosie-Crucians was Eugenius Theodidactus my good friend and his Laws to the Fraternity of the Rosie 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 enjoyned 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 signifie by Letters the cause of his absence 4. That every Brother shall chuse 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 Sollemnly sworn each to other to keep and observe these Conditions and Articles in all which I find nothing either Prejudicial to themselves or Hurtfull 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 delightfull with Musick and pleasant with sweet smells of fresh Roses Gilliflowers and Perfumes prepare your self 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 guidâ— it is necessary then that you Arm your self with Heroick Courage least 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 then 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 Rosie 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 vertuous 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 Scholler or Philosopher resolve Claudius Malbrank Esq 1. When old Oliver Cromwell would Dye 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 Commitee 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 warr 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 c. 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 Rosie Crucians that dayly 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 imploy
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 voyce 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 theeving pilfring plundering breaking of houses and Sequestring the people and taking away their riches c. 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 Countrey Thus have you the Idea of the Law clarified and the dross taken from it being fit now to establish in a happy Common-wealth under the Government of King Charls 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 shewn 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 murthered and then I shall shew 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 windes 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 stain 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 Cooke 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 vertue of this they may conspire into a Moral musick 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 Musick 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 Musick to these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whilest 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. 'T is 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 voyce of a Vial or an Harp that has Rhetorick enough to still and quiet the evil Spirit But yet this does not sufficiently paint out the being of a Law to say that 't is 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 Law-giver Plato I mean who was alwayes 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
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 lookes 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 curtesie to it selfe 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 freenesse and Alacrity with the greatest intensnesse and complacency selfe love alone might easily constraine men to this naturall obedience Humane Lawes indeed rest satisfied with a visible and externall obedience but natures Law darts it selfe into the most intimate Essentialls and lookes 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 Rationall being she expects that every string every faculty should spontaneously sound forth his praise 80. And the Divine Jdea that hath not chain'd nor fetter'd nor enslaved my Naturall Jdea but has given it a competent liberty and enlargement the free diffusion and amplification of its own essence he lookes withall that it should willingly consent to its own happinesse and to all such means as are necessary for the accomplishment of its choycest 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 it self and the welfare of the People The command of its God and the King or the good of it selfe and happinesse 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 Atturneys observe they are not only irregularities but meer nullities and that either ob defectum potestatis incapacitatem materiae as if one should goe about to give the same thing to two severall persons the second Donation is a Morall 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 Essentiall Laws both which consist in puncto 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 mente Legislatoris which is the usuall rise of mitigation but it is conversant about such acts as are per se tales most intrinsecally and inseparably 82. Yet Notwithstanding this Law doth not refuse an interpretation but the Naturall Idea doth glosse 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 Lawes 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 civile Now this Jus gentium is either per similitudinem concomitatiam when severall nations have yet some of the same positive Lawes or else which indeed is most properly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per communicationem societatem which as Mr. Tho. Hobs describes ab omnium vel multarum gentium voluntate vim obligandi accipit i. e. when all or many of the most refined Nations bunching and clustring together do bind themselves by generall compact to the observation of such Laws as they judge to be for the good of them all As the Honourable entertainment of an Embassadour 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 Lawes have a narrower sphere and compasse and are limited to such a state as William Prinne Esq stiles leges populares the Hebrews call their positive Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Though the one do more properly point at Ceremonials the other at Judicials Plotinus renders them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Abaris calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as some call naturall Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Mosaicall Philosophers render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but according to the Greek Idiom these are termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the others 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Now though the formality of Humane Lawes do flow immediately from the power of some particular men yet the strength and smew of these Lawes is founded in the Idea of the Law or Moral and Naturall Lawes for my Idea doth permissively give them leave to make such Lawes as are for their greater convenience and when they are made and whilest 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 owne consent as a sacred thing they are not to contradict their owne 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 ENGLANDS Mysterious Reformation FROM The beginning of the Wars to this time unridled to the dis-abuse of this long deluded NATION Made publick 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 Lawes of the Emperour 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 Subjects Rebellion against their King And it may be observed that since Church-men dabled in Politiques and States-men in Divinity Law and Religion have been still subjected to