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
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
and undigested lump of the multitude may seek to establish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as he calls it therefore he bethinks himself how to purge out the dross from it and tells me in the next place that it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 inventio ejus quod verè est where it is very remarkable what this Philosopher means by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by which he is wont usually to point out a Deity which is stiled by Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but it is not capable of this sense here for thus Laws are not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but rather 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lex est inventio vel donum Dei 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore in this place speaks these two particulars 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for all rectitude has a being and flows from the Fountain of being whereas obliquities and irregularities are meer privations and non-entities and 't is a notable speech in Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the very same expression which the Apostle gives to the Law of God when he calls it The Royal Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 implies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 every thing that is profitable has a being in it but you can gather no fruit from a privation there is no sweetness in an obliquity and therefore a Law is a wholesom mixture of that which is just and profitable Thus do I interpret the first second and third Paragraphs of my Idea of the Law and this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Plutarch speaks whereas Turpe praeceptum non est Lex sed iniquitas for obligation that 's the very Form and Essence of a Law Now every Law Obligat in Nomine Dei but so glorious a Name did never bind to any thing that was wicked and unequal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that only is countenanced from heaven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Golden chain of Laws 't is tyed to the chair of Jupiter and a command is only vigorous as it issues out either Immediately or remotely by the Genii from the great Soveraign of the world So that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is my Foundation of the Idea of the Law And in all true kinds of Government there is some Supream Power derived from God himself and fit to contrive Laws and Constitutions agreeable to the welfare and happiness of those that are to be subject to them and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Rosie Crucians are the fittest makers of Laws 7. Plato did not lay stress enough upon that binding vertue which is the very sinew nay life and soul of a Law according to my fifth Paragraph That these three Descriptions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intend only humane Laws and so are engrost fair for the pure notion of a Law in general 8. And though the same other branch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may seem to defend my Idea yet it is too obscure too much in the clouds to give a clear manifestation of the Idea of the Law and yet Aristotle does not in this supply Plato's defects but seems rather to Paraphrase upon the descriptions or rather Interpretations of Humane Laws and tells me in more enlarged language that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where yet he cannot possibly mean that every individium should give his suffrage but certainly the Representative consent of the whole will content him 9. But I see these antient Philosophers are not so well furnisht to lend me any thing to defend my Idea of the Law But I must return to London again and see what assistance William Prinne Esq and other Lawyers of the Temple will lend me who by this time have lickt their former Interpretations into a more comely form I will look upon W. Prinne Esq first Lex sayes he est ordinatio rationis ad bonum Commune ab eo qui curam habet Communitatis promulgata It is a rational Ordinance for the advantage of the Publique good made known by that power which has care and tuition of the Publique 10. And Judge Roll his Picture of a Law now that it is fully drawn after Littleton by Cook and then by Roll hath much the same Aspect Lex est Commune Praeceptum Justum ac stabile sufficientur Promulgatum A Law is a Publique Command a just and immoveable command lifting up its voyce like a Trumpet and in respect of the Law-giver though it be praesupponere actum intellectus as all acts of the will do yet it does formally consist in actu voluntatis not the understanding but the will of a Law-giver makes a Law But in respect of him that is subject to the Law it does consist in actu Rationis 't is required only that he should know it not in actu voluntatis it does not depend upon his obedience The want of his will is not enough to enervate and invalidate a Law when 't is made all Laws then would be abrogated every moment His will indeed is required to execution and fulfilling of the Law not to the validity and existence of the Law And thus all the Laws of God do not at all depend upon the will of man and thus interpret my seventh Paragraph of the Idea of the Law but upon the power and will of the Law-giver Now in the framing of every Law there is to be Intentio boni communis and thus that speech of L. Verulam Vtilitas Justi propè mater aequi if it be took in this sense in which 't is thought he meant it is not so much as tolerable Law-givers should send out Laws with Olive branches in their mouths they should be fruitful and peaceable they should drop sweetness and fatness upon a Land Let not then Brambles make Laws for Trees as O. Cromwell and his fellows did for King Charles and his Dukes Earls and Lords c. least they scratch them and tear them and write their Laws in blood as you have seen lately 11. But King Charles will send out Laws as the Sun shoots forth his Beams with healing in his wings And thus that elegant Plutarch speaks God sayes he is angry with them that counterfeit his Thunder and Lightning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his Scepter and his Thunderbolt and his Trident he will not let them meddle with these He does not love they should imitate him in his absolute Dominion and Soveraignty but loves to see them darting out those warm and amiable and cherishing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those beamings out of Justice and goodness and clemency And as for Laws they should be like so many green and pleasant pastures into which these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to lead their flocks where the people may feed them sweetly and securely by those refreshing streams of Justice that run down like water and righteousness like a mighty Torrent And this Consideration would sweep down the Cobweb-Laws of Bradshaw Lenthall Prideaux Oliver Cromwel and the Fanatique Parliament c. that argue only the venom and subtilty of them that
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
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
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
raised up to be Lawgivers to their charge Though in process of time the Nations that were at first under the Government of good Angels by their lewdness and disobedience might make themselves obnoxious to the power and delusion of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tyrannical devile But this is but a digression that which I would briefly have intimated is how Lawes were received and how Politickly they are now used And that the great Lawgiver of the Jews was a man instructed of God himself to Prudence and true Policy 8. And therefore I make account if we will but with diligence search we may surely finde the Footsteps of unsophisticate Policy in all the Passages of the whole Pentateuch And here in the very entrance it will offer it self unto our view where Moses shews himself such as that noble spirit Plato desires all Governers of Commonwealths should be who has in his Epistle to Dion and his friends foretold That mankinde will never cease to be miserable till such time as either true and Right Philosophers rule in the Common-wealth or those that do rule apply themselves to true and sound Philosophy And what is Moses his Bereshith but a fair invitation thereto it comprehendeth at least the whole Fabrick of Nature and conspicuous Furniture of the visible world As if he dare appeal unto the whole Assembly of Gods Creation to the voice of the great Universe if what he propounds to his people over whom God hath set him be not righteous and true And that by acting according to his Precepts they would but approve themselves Cosmopolitas True Citizens of the world and Loyal Servants of God and Secretaries of nature It is Mr. Thomas Heydon his Interpretation upon the place which how true it is in Moses vailed I will not here dispute That it is most true in Moses unvailed Christ our Lord is true without all Dispute and Controversie And whosoever follows him followes a Law justified by God and the whole Creature they speaking in several Dialects the minde of their Maker It is a truth and life that is the safety of all Nations and the earnest expectation of the ends of the earth Christ the same yesterday to day and for ever whose Dominion and Law neither time nor place doth exclude as you shall finde anon But to return to Moses 9. The Lawes and Ordinances which he gave to the Israelites were given by him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. as Statutes received from God And therefore the great Argument and Incitement to Obedience should lie in this first and highest Lawgiver God himself the great Jehovah whose wisdome power and goodness could not better be set out then by ascribing the Creation of the whole visible World unto him So that for his power he might be feared admired for his prudence and finally for his goodness be loved adored and Deified That as he was truly in himself the most High God so he should be acknowledged of the people to be so 10. For certainly there is nothing that doth so win away nay ravish or carry captive the mindes of poor Mankinde as Bounty and Munificence all men loving themselves most affectionately and most of all the meanest and basest spirits whose soules are so far from being a little rais'd and releas'd from themselves that they do impotently and impetuously cleave and cling to their dear carkases hence have they out of the strong relish and favour of the pleasures and conveniences thereof made no scruple of honouring them for Gods who have by their Industry or by good Planets produced any thing that might conduce for the improvement of the happiness and comefort of the body And thus Moses received his Lawes from God Josuah from Moses c. 11. Now Christ teacheth us other Lawes as for example when the Pharisees came to him and asked Is it lawfull for a man to put away his Wife tempting him And he answered and said unto them What did Moses command you 12. And they said Moses suffer'd to write a Bill of Divorcement and and to put her away 13. And Jesus answered and said unto them For the hardness of your hearts Moses wrote this Precept 14. But From the begining of the Creation God made them male and female 15. For this cause shall a man leave his Father and his Mother and shall cleave unto his wife 16. And they twain shall be one flesh 17. What therefore God hath joyned together let no man put asunder Mark 10. 18. Wherefore dare any of you having a Matter against another go to Law before the unjust and not before the Saints 19. Do ye not know that the Saints shall judg the World And if the Saints shall be judged by you are ye unworthy to judg the smallest matters 20. Know ye not that we shall judg Angels How much more things that partain to this life Brother goeth to Law with brother and that before the Unbelievers 21. Now therefore there is utterly a fault among you because ye go to Law one with another Why do ye not rather take wrong Why do not you rather suffer your selves to be defrauded 22. Nay you do wrong and defraud and that your brethren But I say unto you Love your enemies bless them that curse you do good to them that hate you and pray for them that despitefully use you and persecute you Mat. 5. 23. Wherefore then serveth the Law It was given because of Transgressions till the seed should come to whome the Promise was made and it was ordained by Angels in the hand of a Mediator 24. Wherefore the Law was our School-Master to bring us unto Christ that we might be justified by Faith Gal. 3. 25. Now let every Soul be subject unto the Higher Powers for there is no power but of God the powers that be are ordained of God 26. Whosoever therefore resisteth the Power resisteth the Ordinance of God And they that resist receive to themselves Damnation 27. For rulers are not a terrour to good works but to the evil Will ye then be afraid of the Power Do that which is good and you shall have praise of the same 28. For they are the Ministers of God to you for good But if you do that which is evil be afraid for they bear not the sword in vain for they are the Ministers of God and Revengers to execute wrath upon him that doth evil 29. Wherefore ye must needs be Subjects not only for wrath but also for conscience sake 30. For this cause pay you Tribute also For they are Gods Ministers attending continually upon this very thing 31. Render therefore to all their Dues Tribute to whom Tribute is due Custome to whom Custome is due Fear to whom fear Honor to whom honor 32. Owe no man any thing but to love one another For they that love one another have fulfilled the Law 33. For this Thou shalt not commit Adultery thou shalt not Kill thou shalt not Steal thou shalt not bear
False-witness thou shalt not Covet and if there be any other Commandment it is briefly comprehended in this saying namely thou shalt love thy neighbour as 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
was that all Laws were unprofitable and superfluous as they which were not made neither for good nor ill men forasmuch as they have no need of Laws and these be made never the better for them Furthermore Sinensis confesseth that unless any Law can be made which to all men may be profitable in that which very often it doth happen that Equity fighteth with the rigor of the Law Maimâ—n also defining equity calleth it the Correction of a righteous Law in which point he faileth because it is made generally Is it not then sufficiently declared by this alone that all the force of the Law and Justice doth not so much depend upon the Laws as upon the honesty and equity of the Judge Another error proceeds from the Civil law to the Canon Law or the Popes Law which to O. Cromwell and his Fellows the Fanatique Parliamentiers appeared most Holy so wittily it doth shadow the Precepts of Covetousness and manners of robbing under the color of Godliness albeit there be very few things ordained appertaining to Godliness to Religion to the worshipping of God and the solemnity of the Sacraments I will not speak of some which are contrary and repugnant to the Law of God I accuse not D. Owen Vice-Chancellor of Oxford he knows them all the residue are nothing but contentions strifes pride pomp means to gain riches and the decrees of the Popes of Rome to whom the Canons be not sufficient which were in time passed made by the holy Fathers except they continually add to them new Decrees extravagancies Declarations and Rules of Chancery so that there is no end nor measure of making Canons which alone is the ambition and desire of the Bishops of Rome that is to say to make new Canons whose arrogancy is grown so far that they have commanded the Genii and Angels in Heaven and have presumed to rob and bring their booty out of Hell and to put in their hands among the spirits of the dead and on the Law of God also they have sometimes exercised their Tyrannie interpreting declaring and disputing to the end that nothing might want or be derogated from the greatness of his power Is it not true that Pope Clement in that Leaden Bull which at this day is yet kept in Lievorno vulgarly called Legorn and at Venice and in other places in Italy in the Coffers of Priviledges commandeth the Angels of Heaven that they should bring into everlasting joys the soul of him that useth to go in pilgrimage to Rome for Indulgences and there dying being delivered out of the pains of Purgatory saying moreover We will not in any wise that he go to the pains of Hell granting also to them that be signed with the Cross that at their Prayers they may take three or four souls out of Purgatory which they list which erroneous and intolerable Tymerity I will not say Heresie the Schools of London in the Kings time openly detested and abhorred But the Fanatick Parliament intended very shortly if Kings Charles the Second do not come the sooner to interrupt the Hyperbolical zeal of Clement with some Anabaptistical godly shaking Invention that the thing may rather flourish then perish seeing that for their affirming or denying nothing is altered in the deed and authority of the Pope whose Canons and Decrees have in such sort bound all Episcopacy and Presbyterie c. in a cord for Damnation because they detest the Popes Canons and after this example they fear their own Clergy so that none of all their Divines or Jesuites be he never so contantious dareth to determine no not imagine or dispute any thing contrary to the Popes Canons without protestation and leave Furthermore we have learned out of these Canons and Decrees that the Patrimony of Christ his Kingdoms Castles Donations Foundations Riches and Possessions and that Empire and Rule belongeth to the Bishops and Priests of Christ and to the Prelates of the Church and the Jurisdiction and Temporal Power is the Sword of Christ And that the Person of the Pope is the Rock being the foundation of the Church that the Bishops are not only the Ministers of the the Church but also Heads of the Church and that Evangelical Doctrine the fervency of Faith the contempt of the world are not only the goods of the Church but Revenues tenths Offerings collections Purples Mitres Gold Silver Pearl Possessions and Money and that the authority of the Pope is to make war to break truce to break oaths and to assoyl from obedience and of the House of Prayer to make a den of Theeves and so the Pope can depose a Bishop without cause and Oliver Cromwell could cut off Doctor John Huit his head by the same rule The Pope can give that which is another mans Cromwell and the Fanatique Parliament after the same president sold the Kings Lands and the Church Lands that he can commit Symony that he can dispense against his vow against his Oath against the Law of Nature And did not Cromwell and his Fellows do so too and none may say unto him Why dost thou this And also he can as they say for some grievous cause dispense against all the New Testament and to draw not only a third part but also the souls of the faithful into Hell That the duty of Bishops is not now as it was in time past to preach the Word of God with Crosses to Confirm children to give Orders to Dedicate Churches to Baptize Bells to hallow Altars and Challices to Consecrate and bless Vestments and Images and Geomantical Telesmes which esteem their wits more meet for higher matters and leaving the charge to certain Bishops which have nothing else but the Title go in Embassage to Kings they be Presidents of their Oratories or attend upon Queens excused for a sufficient great and weighty cause not to serve God in Churches so that they royally honour the King in the Court Hereof these Cautles took their beginnings by means whereof at this day without Simony Bishopricks Benifices be bought sold and moreover what Fairs and Markets soever be in Pardons Grants Indulgences Dispensations such like maner of robberies by whom also there is a price set in the free remission of sins given by God there is found a Mean to gain by the punishments of Hell Furthermore that false Donation of Constantine proceeds from this Law albeit in effect and with the Testimony of Gods Word Caesar cannot leave his charge neither the Parson of the Clergy ought to usurp the things that belong to Caesar but of infinite Laws of Ambition of Pride and of Tyrannie These are Errors crept in with Cromwell amongst the Laws of England He that will diligently examine the Laws and Statutes of Rome shall find how much the Fat Faâ—atique Parliament hath borrowed of them and corrupted our Laws But the Idea of the Law will put all in Order The Method and Rules you read before Another Error in Laws you shall
perceive in the great and marvellous hidden 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
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
spin them this would sweep down many an Achitophels web and many an Hamons web many an Herods web and every Spiders web in England that spread Laws only for the cathing and entangling of weaker ones such Law-givers are fit to be Domitians Play-fellows that made it his Royal sport and past-time to catch Flyes and insult over them when he had done Whereas a Law should be a staff for a Common-wealth to lean on and not a read to peirce it through Laws should be cords of love not nets and snares Hence it is that those Laws are most radical and Fundamental that principally tend to the conservation of the Vitals and Essentials of a Kingdom and those come neerest the Law of God himself as I interpret my eight Paragraph of the Idea of the Law and are participations of that Eternal Law which is the Spring and original of all inferiour and derivative Laws 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Plato speaks and there is no such publique benefit as that which comes by Laws For all have an equal interest in them and priviledge by them And therefore as Aristotle speaks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Law is a pure intellect not only without a sensitive appetite but without a will 'T is pure Judgement without affections a Law is impartial and makes no Factions and my Idea of the Law cannot be bribed though the Judge may and that Philosopher does pretty well prosecute this If you were to take Physick then indeed it is ill being determined by a Book it is a dangerous taking a printed Receipt you had better leave it to the brest of the Physitian to his skill and advice who minds your health and welfare as being most for his gain and credit But in point of Justice the case is very different you had better here depend upon a Rule then to leave it to the Arbitrary Power of a Judge who is usually to decide a controversie between two and if left to himself were apt to be swayed and byassed by several interests and engagements which might encline him to one more then another Nay now that there is a fix◠Rule an immoveable Law yet there is too much partiality in the application of it how much more would there be if there were no rule at all 13. But the truth is the Judge should only follow the ultimum practicum dictamen legis his Will like a Caeca potentia is to follow the Novissimum lumen intellectus of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to rule and guide him and therefore Justice was painted blind though ipsa Lex be oculata for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Will is to follow the ultimum nutum capitis the meaning of the Law in all Circumstances 14 In a Law-giver there is to be Judicium Prudentia Anchitectonica ad ferendas leges the Aegyptian Heiroglyphick for Legislative power was oculus in sceptro and it had need be such an eye that can see both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it had need have a full and open Prospect into publick affaires and to put all advantages into one scale and all inconveniences into another 15. To be sure that the Laws of God they flow from a fountain of Wisdom and the Lawes of men are to be lighted at this Candle of the Lord according to the sense of the ninth Paragraph of the Idea of the Law which he hath by a Genius set up and those Laws are most potent and prevalent that are founded in light 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Other Lawes are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they may have an iron and adamantine necessity but the other have a soft and downy perswasion going along with them and therefore as he goes on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Reason is so beautifull as that it wins and allures and thus constrains to obedience There is to be Sigillum Legis I mean Electio determinatio Legis after a sincere aim at publick good and a clear discovery of the best means to promote it there comes then a fixt and sacred Resolution Volumus statuimus this speaks the Will of the Law-giver and breaths life into the Law it adds Vigour and Efficacy to it But yet notwithstanding 16. There must be Vox Tubae that is Promulgatio Insinuatio Legis The Law is for a publick good and ought to be made known in a publick manner for as none can desire an unknown good so none can obey an unknown Law and therefore invincible ignorance doth excuse for else men should be bound to absolute impossibilities But whether it be required to the publishing of a Law that it should be in a way of writing which is more fixt and durable or whether the manifestation of it in a vocal or oral manner will suffice which yet is more transient and uncertain I leave the Lawyers and States-men to dispute it This I am sure that all the Lawes of God are proclaimed in a most sufficient and emphatical manner And thus much in defence of my ten Paragraphs Next in order I shall give you the sense of the Eternal Law of Jesus Christ Now I am come to the Spring and Original of all Laws That fountain of Law out of which you may see the Law of Nature bubling and flowing forth to the sons of men for as L. Verulam doth very well tell me The Law of Nature is nothing but Participatio Legis aeternae in rationali creatura the copying out of the eternal Law and the imprinting of it upon the breast of the rational being that eternal Law was in a manner incarnated in the Law of Nature 17. Behold all the Verses to the thirty fifth Paragraph and they are so clear and plain that there is no need of any farther explication or defence for this Law is not really distinguished from God himself in Trinity and Unity Nil est ab aeterno nisi ipse Deus so that it is much of the same nature with those decrees of his and that providence which was awake from everlasting For as God from all eternity by the hand of infinite wisdom did draw the several faces and Lineaments of being which he meant to shew in time so he did then also contrive their several frames with such limits and compass as he meant to set them and said unto every thing Hither shall thou go and no farther 18. This the Platonists would call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and would willingly heap such honourable Titles as these Prophetically upon it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And the greatest happiness that other Lawes can arrive unto is this that they be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ministring and subservient Laws as you shall find them in the one hundred and thirty Paragraphs of my Idea of the Law waiting upon this their Divine royal Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or as they would chuse to stile them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some shadows and appearances of this bright and glorious Law or at the
best they would be esteemed of them but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the noble Off-spring and Progeny of Lawes blessing this womb that bare them and this breast that gave them suck 19. And now the Law of Nature would have a double portion as being Lex primo-genita the first-born of the Law of God and the beginning of its strength Now as God himself shews somewhat of his face in the glass of his creature so the beauty of this Law gives some representations of it self in those pure derivations of inferiour Laws that stream from it And as we ascend to the first and supream being by the steps of second causes so we may climb to a sight of this eternal Law by those fruitfull branches of secondary Lawes which seem to have their root in earth when as indeed it is in heaven and that I may vary a little that of the Apostle to the Romans The invisible Law of God long before the creation of the world is now cleerly seen being understood by those Laws which do appear so that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manifested in them God having shewn it to them Thus as the Lawyers say well Omnis Lex participata supponit Legem per essentiam every impresion supposes a seal from whence it came every Ray of light puts you in mind of a Sun from which it shines Wisdome and power these are the chief Ingredients into a Law Now where does Wisdome dwell but in the head of a Deity and where doth Power triumph but in the Arm of Omnipetency 20. A Law is born Ex cerebro Jovis and it is not brachium seculare but Coâ—leste that must maintain it even humane Laws have their vertue radicaliter remote as Atturney's declare from the Revolution of Law Thus Tully expresses the Descent of Laws in this golden manner Hanc video sapientissimorum fuisse sententiam Legem namque hominum ingeniis excogitatam neque scitum aliquod esse populorum sed aeternum quiddam quod universum mundumregeret imperandi prohibendique sapientia Ita Principem illam Legem ultimam mentem dicebant omnia ratione â—ut cogentis aut vetantis Dei i. e. Wise-men did ever look upon a Law not as one a spark struck from humane intellectuals not blown up or kindled with popular breath but they thought it an eternal Light shining from God himself irradiating guiding and ruling the whole Universe most sweet and powerfully seeing what wayes were to be chosen and what to be refused and the mind of God himself is the center of Lawes from which they were drawn and into which they must return 21. And Doctor Flud R. C. a Learned Philosopher by fire in his Alphesi Inventious Contemplative or in discourse seems to resolve all Law and Justice into the Primitve and eternall Law even God himselfe for thus he told me Justice doth not only say's he sit like a Queen at the right hand of Jupiter when he is upon his Throne but she is alwaies in his bosom and one with himself is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As he is the most Antient of days so also is he the most antient of Laws as he is the perfection of beings so is he also the rule of operations 22. Nor must I let slip that passage of Plato where he calls a Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Golden Scepter by which God himself Rules and Commands for as all Protestant Kings have a bright stamp of Divine Soveraignty so his Justice Kings and Lawes are annointed by God himselfe and most Precious oyl drops down uppon them to the Skirts of a Nation And the Divine and Natural Jdea of the Law had the oyle of gladnesse poured upon it above its fellowes 23. So then that there is such a primo and Supream Law is clear and unquestionable Moses is sufficient defence for that But who is worthy to unseale and open this Law and who can sufficiently display the glory of it you had need of a Moses that could ascend up into the Mount and converse with God himselfe and yet when he came down he would be faine to put a vaile upon his face and upon his expressions lest otherwise he might dazle inferiour understandings but if the Law-givers will satisfie you and you know some of them are stiled Angelical and Seraphicall you shall hear if you will what they I say to it 24. Now this Law according to them is Aeterna quaedam ratio practica totius dispositionis gubernationis universalis 'T is an eternall ordinance made in the depth of Gods Infinite wisdom for Regulating governing the whole world which yet had not its binding vertue in respect of God himself who has alwayes the full and unrestrained Liberty of his own Essence which is so infinite and that it cannot bind it self and which needs no law all goodnesse and perfection being so intrinsecall and essentiall to it but it was a binding determination in reference to the Creature which yet in respect of all Irrational beings did only fortiter inclinare but in respect of Rationals it does formaliter obligare 25. By these thirty five verses of this great and glorious Law you must understand every good Action was commanded and all evil was discountenanced and so bidden from everlasting according to this Righteous Law all rewards and punishments were distributed in the eternall thoughts of God At this command of this Law all created beings took their severall ranks and stations and put themselves in such operations as were best agreeable and conformable to their beings by this Law all essences were ordained to their ends by most happy and convenient means The life and vigour of this Law sprang from the will of God himselfe from the voluntary decree of that eternal Law-giver minding the publick welfare of beings who when there were heaps of varieties and possibilities in his own most glorious thoughts when he could have made such or such words in this or that manner in this or that time with such species that should have had more or fewer individualls as he pleased with such operations as he would allow unto them he did then select and pitch upon this way and Method in which you see things now constituted and did bind all things according to their several capacities to an exact and accurate observation of it 26. So that by this you see how those Divine Idea's in the mind of God and this Idea of the Law do differ I speak now of Idea's not in a Platonical sense but in a Lawyers or my own unless they both agree as some would have them for Jdea est possibilium lex tantùm faâ—urorum God had before him the picture of every possibility yet he did not intend to bind a possibility but only a futurity besides Ide'as they were scituated only in the understanding of God whereas a Law has force and efficacy from his will according to that much commended saying of my Kinsman Mr. Thomas Heydon
in Coelesti Angelica curia voluntas Dei lex est And then Idea doe's magis respicere Artificem it stays there where first it was but a Law does potius respicere subditum it calls for the obedience of another as Mr. Sarjeant Twisden does very well difference them 27. Neither yet is this Idea of the Law the same with the providence of God though that be an Jdea also but as Mr. Cook speaks So Lex se habet ad providentiam sicut principium generale ad particulares conclusiones or if you will sicut principia primae practicae ad prudentiam his meaning is this that providence is a more punctuall particular application of this binding rule and is not the Law it selfe but the superending power which lookes to the execution and accomplishment of it or as Judge New degate said lex dicit jus in Communi Constitutum providentia dicit curam quae de singulis actibus haberi debet Besides a Law in its strict and peculiar Notion does only reach to rationall things whereas providence does extend and spread it selfe over all But that which vexes the Lawyer most is this that they having required promulgation as a necessary condition to the existence of a Law yet they cannot very easily shew how the Idea of the Law should be publisht from everlasting But the most satisfactory account that can be given to that is this The other Law-givers being very voluble and mutable before their mind and will be fully and openly declared they may have a purpose indeed but it cannot be esteemed a Law But in God there being no variableness nor shadow of turning this his Law has a binding vertue as soone as a being Yet so as that it does not Actually and formally oblige a Creature till it be made known unto it either by a Genius familiar or some Revelation from God himself which is possible only or else by the mediation of some other Law of The Idea of the Law which is the usuall and constant way that God takes for the Promulgation of this his eternall Divine Idea of the Law for that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That sacred manu-script which is writ by the finger of God himselfe in the hears of man is a plain transcript of this Originall Law so far as it concerns mans welfare And this Genius you see doth most directly bring me to search out the Naturall Idea of the Law and this is the interpretation of thirty five paragraphs I shal in order lay down the cause of the nature of the Idea of the Law concerning its subject and interpret sixty three paragraphs and give you the Divine sense of them and you shall see the soule of the Jdea of the Law where it lies under the sense of the letter c. 28. That Law which is intrinsecall and Essentiall to a Rationall Creature is Natural and such a Law is as necessary as such a creature for such a creature as a creature hath a superior to whose providence and disposing it must be subject and then as an Intellectuall Creature it is Capable of a Morall Government so it is very suitable and connatural to it to be regulated by a Law be giuded and commanded by one that is Infinitely more wise and intelligent then it self is and that minds its welfare more then it selfe can Insomuch that the most bright and eminent Creatures even Angelicall beings and glorified souls are subject to a Law though with such an happy priviledge as that they cannot violate and transgress it whereas the very dregs of entity the most ignoble beings are most incapable of a Law for you know Inanimate beings are carried on only with the vehemency and necessity of Naturall inclinations Nay sensitive beings cannot reach or aspire to so great a perfection as to be wrought upon in such an illuminative way as a Law is they are not drawne with these cords of men with these morall engagements but in a more Impulsive manner driven and spurred on with such impetuous propensions as are founded in a matter which yet are directed by the wise and vigilant eye and by the powerfull hand of a providence to a more beautifull and amiable end then they themselves were acquainted with But yet the Lawyers Mr. Serjeant Maynard Mr. Leigh and others The Civilians Mr. John Cleaveland Doctor Oriens Heydon and others would fain enlarge the Law of Nature and would willingly perswade me that all sensitive creatures must be brought within the compass of it For this one of them tells me Jus naturale est quod natura omnia animalia docuit nam jus illud non solum humani generis est proprium sed omnium animalium quae in terra marique nascuntur avium quoque commune est Nay they are so confident of it as that they instance in several particulars Maris faeminae conjunctio Liberorum procreatio educatio conservatio plurima in tutelam propriam facta Apium respub columbarum conjugia but not the Criticks but the Rosie Crucians also do sufficiently correct our brethren the Lawyers for this their vanity for some of them mean to bring beasts birds and fishes into their Courts and to have some fees out of them Perhaps they expect also that the doves should take licences before they marry it may be they require of the Beasts some penitential or which will suffice them some pecuniary satisfaction for all their Adulteries or it may be the Pope will be so favourable as to give his fellow beasts some dispensation for their irregular and incongruous mixtures 29. But yet notwithstanding they prosecute this their notion and go on to frame this difference between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jus gentium Jus natural◠the Law of nature say they is that which is common with men to irrational creatures also but the Law of Nations is only between men but this distinction is built upon a very sandy foundation what the true difference is I will shew you hereafter Now all that can be pleaded in the behalf of the Lawyers is this that they err more in the word then in the reality They cannot sufficiently clear this Title of a Law for that there are some clear and visible stamps and impressions of nature upon sensitive beings will be easily granted them by all and those instances which they bring are so many ocular demonstrations of it but that there should a formal obligation lie upon Bruits that they should be bound to the performance of natural Commands in a legal manner that there should be a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so as that they should be left without excuse and lie under palpable guilt and be obnoxious to the punishment for the violation of it this they cannot possibly find out unless they could set up this Idea of the Law of God in sensitive creatures also whereas there is in them only some 〈◊〉
〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Eugenius Theodidactus calls them which I render Virtutum simulacra some Apish imitation of Reason some shadows of morality some counterfeit Ethicks some wild Oeconomicks some faint representations of Mercurius Politicus the lying flatterer who is called amongst his brethren Marcheman Needham a silly lying Scribler to the fanatique Parliament but this fellow is crept in as his custome is amongst any Law bear back This Government will not admit such Chamelion Sycophants amongst them This Government all this while without King Charles is as far distant from the truth of a Law as they are from the strength of reason but I have digrest a little 30. The Lawyers may see some sparks of the divine power and goodness but you cannot see the Idea of the Law of God Now these men might have considered if they had pleased that as for the prints and foot-steps of nature some of them may be seen in every being For Nature hath stampt all entity with the same seal some softer beings took the impression very kindly and clearly some harder ones took it more obscurely 31. Nature plaid so Harmoniously and melodiously upon her Harp and Viol as Mr. Allen Baker saith as that her Musick prov'd not only like that of Orpheus which set only the sensitive creatures on dancing but like that of Amphion inanimate Beings were elevated by it even as the very stones did knit and unite themselves to the building of the universe Shew me any thing if you can that doth not love its own welfare that doth not seek its own rest its centre its happiness that doth not desire its good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Nidus speaks pick out an entity if you can tell where that doth not long for the continuation for the diffusion and spreading of its own being yet surely the Lawyers themselves cannot imagine that there is a Law given to all inanimate beings or that they are accountable for the violation 32. Let them also demurre a while upon that Argument which I shall urge against them That these sensitive creatures are totally defective in the most principal branches of the Natural Idea of the Law oâ— the Law of Nature and in the acknowledging of a Duty in the adoring of a Deity where is there the least adumbration of divine worship in sensitive beings what do they more then the heavens and the seven Planets and the Stars which declare the glory of God in their influence upon all terrestrial creatures or the firmament which shews his handy-work in transferring Idea's from the Etherial Region to the Genii of men unless perhaps the Lawyers can find not only a Common-wealth but a Church also among the Bees some canonical obedience some laudable Ceremonies some decency and conformity amongst them I will call the spirit or Genius of a Poet only to laugh the Lawyers out of this opinion And here old Hesiod appears freely and tells them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what are these Laws that are observed by rending and tearing Lions by devouring Leviathans Doth the Wolfe oppress the Lamb by a Law Can Birds of prey shew any commission for their ravening violence thus also that amorous Poet shews that these sensitive creatures in respect of lust are absolue Antinomians for thus he brings in a To auton pleading Cocunt animalia nullo Caetera delicto nec habetur turpe juvencae Ferre patrem tergo fit equo sua filia conâ—ux Quasque creavit init pecudes caper ipsaque cujus Semine concepta est ex illo concipit ales And what though you meet with some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some rare pattern of sensitive temperance a few scattered and uncertain stories will never evince that the whole heap and generality of Bruits act according to a Law you have heard it may be of a chast Turtle and did you never hear of a wanton Sparrow It may be you have read some story of a modest Elephant but what say you to whole flocks of lascivious Goats yet grant that the several multitudes of all species of these irrational Creatures were all without spot and blemish in respect of their sensitive conversation can any therefore fancy that they dress themselves by the glass of a Law is it not rather a faithfulness to their own natural inclinations which yet very justly may condemn some of the sons of men who though they have seen the Idea of the Law of God yet they degenetate more then these inferiour beings which only have some general Dictates of nature 33. This is that motive with which the Satyrist quicken'd and awaken'd some of his time Sensum e Coelesti demissum traximus arce Cujus egent prona terram spectantia Principio indulsit communis conditor illis mundi Tantum animas nobis animum quoque A Law it is found in Intellectuals in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it supposes a noble and free-born-Creature for where there is no liberty there is no Law a Law being nothing else but a Rational restraint and limitation of absolute liberty Now all liberty is radicaliter in intellectu and such Creatures as have no understanding have no choice no moral variety 34. The first and supream being hath so full and infinite a liberty as cannot be bounded by a Law and these Lawes and slavish beings have not so much liberty as to make them capable of being bound Inter Bruta silent leges there is no turpe nor honestum amongst them No duty nor obedience to be expected from them no praise or dispraise due to them no punishment nor reward to be distributed amongst them 35. But as Vlpianus doth very well observe Quoniam in bestias proprie delictum non cadit abi bestia occiditur ut in Lege Mosis ob concubitum cum homine non ea vere poena est sed usus dominii humani in bestiam for punishment in its formal notion is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Greek Lawyer speaks or as Primasius describes it It is Malum passionis quod infligitur ob malum actionis In all punishment there is to be some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so that every Damnum or incommodum is not to be esteemed a punishment unless it be in vindictum culpae 36. So as for those Lawes given to the Jewes where sometimes the beast was to be put to death by Moses Law The learned Diodorus Siculus gives a very full and satisfactory account of it out of the Jewish writings and doth clearly evidence that the meaning was not this that the beast was guilty of a crime and had violated a Law and therefore was to be condemned and put to death but it was in order to the happiness and welfare of men for Bestia cum homine concumbens was to be ston'd partly because it was the occasion of so foul a
second be crowned King of England and Ireland and that Family again restored c. Hence it was that God when he gave his Law afresh gave it in such a compendious Brachygraphy he wrote as it were in Characters without any explication or amplification at all He only enjoyned it with an imperatorious brevity he knowes there was enough in the breasts of men to convince them of it and to comment upon it only in the second Command there is added an enforcement because his people were excessively prone to violation of it and in that of the Sabbath there is given an exposition of it because in all its circumstances it was not found in the natural Idea of the Law so that in Dr. Barlowes language of Oxford the Decalogue would be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gold in the Lump whereas other Lawyers and Atturneyes use to beat it thinner And there is a sort of men termed petty Foggers that have the voice of Advocates engraffed in them which either of want of Clyents or riches incense the poor and silly men of the Countrey to go to Law and hearing their causes affirm them to be good supplying the place of Counsellours and raysing up for the value of a shilling great contentions and do make of a fiery sparkle a burning flame that destroyes many 46. But to return to the purpose of this Law as it is printed by nature Dr. Ward tels me Right reason is that fixt and unshaken Law not writ in perishing paper by the hand or pen of a Creature nor graven like a dead letter upon liveless and decaying Pillars but written with the point of a Diamond nay with the finger of God himself in the heart of a man a Deity gave it an Imprimatur And a Genius gave it in an immortal mind So as that I may borrow the expression of the Apostle the mind of man is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I take it in the very same sence as it is to be took in the Church It is a Pillar of this Truth not to support it but to hold it forth neither must I forget the saying of Mr. Thomas Heydon saith he the royal Law of Nature was never shut up in a prison nor never confined or limited to any outward surface but is was bravely scituated in the Centre of a rational Being alwayes keeping the soul company guarding it and guiding it ruling all its Subjects every obedient action with a Scepter of Gold and crushing in pieces all its enemies breaking every rebellious action with a Rod of Iron 47. The Idea of the Law which is the Queen of Angelical and humane Being doth so rule and dispose of them as to bring about Justice with a most high and powerfull and yet with a most soft and delicate hand 48. You may hear Plato excellently discoursing of it whilest he brings in a Sophister disputing against Socrates and such an one as would needs undertake to maintain this principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That there was an untunable Antipathy between Nature and Law that Lawes were nothing but Hominum infirmiorum commenta that this was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the most bright and eminent Justice of Nature for men to rule according to power and according to no other Law that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all other Lawes were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nay he calls them cheatings and bewitchings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they come saith he like pleasant songs when as they are meer Charms and Incantations But Socrates after he had stung this same Callicles with a few quick interrogations pours out presently a great deal of honey and sweetness and plentifully shews that most pleasant and conspiring Harmony that is between Nature and Law That there 's nothing more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then a Law that Law is founded in Nature that it is for the maintaining and enobling and perfecting of Nature Nay as Plato tels me elsewhere in Philebus There is no way for men to happiness unless they follow those steps of Reason those foot-steps of Nature This same Law L. Verulam doth more then once acknowledge when he tells me a positive Law with him is a more private Law but Natures Law is a more publique and catholique Law which he proves to be a very soveraign and commanding Law for thus he saith The Law that is most filled with Reason must needs be most victorious and triumphant And thus much in defence of sixty three Paragraphs of my Idea of the Law 49. Right it is I should interpret the meaning of twenty eight paragraphs more as they appear in the Jdea of the Law Reason is a most beautifull Law a Law of pure Complexion of a Natural colour never fades never dies it encourages in obedience with a smile it chides them and frowns them out of wickednesse good men hear the least whispering of its pleasant voice they observe the least glance of its lovely eye but wicked men will not hear it though it come to them in thunder nor take the least notice of it though it should flash out in lightening None must enlarge the Philacteries of this Law nor must any dare to prune off the least branch of it Nay the Malice of man cannot totally deface so indelible a Beauty No Pope nor Protector nor King nor Parliament nor People nor Angel nor creature can absolve you from it This Law never paints its face It never changes its colour it does not put on one Aspect in London and another face at Westminster but lookes upon both Royal Cavaleirs and fanatique Roundheads with an impartiall eye it shines upon all Ages and times and conditions with a perpetual light it is yesterday and to day and for ever There is but on Law-giver one Lord and supreame judge of the same Law God blessed for ever more He was the contriver of it the Commander of it the publisher of it and none can be exempted from it unless he will be banisht from his own essence and be excommunicated from humane nature 50 This punishment would have sting enough if he should avoid a thousand more that are due to so foul a Transgression 51 Now the most high and Soveraign being even God himselfe doth not subject himself to any Law though there be some Actions also most agreeable to his Nature and others plainly inconsistent with it yet they cannot amount to such a power as to lay any Obligation uppon him which should in the least notion differ from the liberty of his own Essence 52. Thus also in the Common-wealth of humane Nature that proportion which Actions bear to reason is indeed a sufficient foundation for a Law to build upon but it is not the Law it self nor a formall obligation 53. Yet some of the Lawyers are extream bold and vain in their suppositions so bold as that I am ready to Question whether it be best to repeat them
yet thus they say 54. Si Deus non esset vel si non uteretur Ratione vel si non rectè judicaret de rebus si tamen in homine idem esset dictamen rectae rationis quod nunc est haberet etiam candem rationem Legis quam nunc habet 55. But what are the goodly 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
then as man doth start aside and apostatize from this Law to so much misery and punishment doth he expose himself 65. Though it be not necessary That the Idea of the Law should discover the full extent and measure of that punishment which is due to the Breakers of this Law for to the Nature of punishment Non requiritur ut praecognita sit poena sed ut fiat actus dignus tali poena the Counsellors and Atturneyes both will acknowledge this principle 67. For as Numenius Appionus hath it Sequitur reatus ex intrinseca conditione culpae ita ut licet poena per legem non sit determinata Arbitrio tamen competentis judicis puniri possit Yet the Idea of the Law will reveal and disclose thus much That a being totally dependent upon another essentially subordinate and subject to it must also be accountable to it for every provocation and rebellion And for the violation of so good a Law which he hath set it and for the sinning against such admirable Providence and Justice that shines out upon it must be liable to such punishment as that glorious Law-giver shall judge fit for such offences who is so full of Justice that he cannot and so great in goodness that he will not punish a Creature above its desert And thus have I cleared one hundred Paragraphs hoping you will crown the King according to his deserts that my Idea may be proclaimed that the King Parliament Priest and People may live happily c. 68. And there was never any partitition-Wall between the Essence of King Charles and the Parliament Now the Law of Nature is founded in Essentials And that which is disconvenient to that rational Nature which is in a Cavileir is as opposite and disagreeable to the same Nature in a Parliamentier Round-head Presbyterian Anabaptist Independent and Quaker as that good which is suitable and proportionable to a King or Cavileir in his rational being is every way as intrinsecal to the welfare of a Parliamentier Round-head c. that doth not differ essentially from him so likewise for the promulgation of this Law being it doth equally concern them both It is also by my Idea of the Law equally publisht and manifested to them both 69. The Extent of the Idea of the Law I shall lastly manifest in these thirty Paragraphs and so conclude there are stampt and printed upon the being of man some clear and undelible principles some first and alphabetical Notions by putting together of which it can spell the nature of my Jdea of the Law there is scatter'd in the soul of man some seeds of the Divine Idea which till it with a vigorous Pregnancy with a multiplying fruitfullnesse So that it brings forth a numerous and sparkling Posterity of secondary Notions which make for the Crowning and encompassing of the Soul with happiness 70. All the fresh springs of Common and fountaine Notions are in the Soul of man for the watering of his Essence for the refreshing of this heavenly Plant This Arbor inversa this enclosed being this Garden of God 71. And though the wickednesse of man may stop the pleasant motion the cleare and Christalline Progress of the fountain yet they cannot hinder the first rising the bubbling endeavors of it They may pull off the Leaves of the Idea of the Law and pluck off the fruit breake through my Defence and chop off the Branches yet the root of it is eternal And the foundation of it inviolable Now these first and Radicall principles are wound up in some such short bottoms as these Bonum est appetendum malum est fugiendum Beatitudo est quaerenda Quod tibi fieri non vis alteri ne feceris And Reason thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 incubando super haec ova by warming and brooding upon these and oval Principles of her own laying it being it self quickened with an heavenly vigour doth thus hatch the Idea of the Law of Nature 72 First you must not nor cannot thinke that the Idea of the Law is confined and contracted in this Government of England but Reason like The King with one foot fixed a Centre and with the other measures a Parliament and spreads out the circumference of the Common peoples happinesse and welfare and draws severall conclusions which doth all meet to make three Prosperous Kingdomes which is only in this sacred centrall principle 73. For men must not only look upon the Capitall letters of this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but they must read the whole context and coherence of it they must look to every jot and Apex of it for heaven and earth shall sooner pass away then on jot or tittle of this Law shall vanish 74. Discourse is the usuall Inlet of errour and too oftengives an open admission and courteous entertainment to such falsities as come disguised in a Syllogistical form which by their sequarious windings and gradual insinuations twine about some weake understandings yet in the Nature of the thing it selfe it is impossible to collect an errour out of a truth as it is to gather the blackest night out of the fairest sun-shine or the fowlest wickedness out of the purest goodnesse A conclusion therefore that is built upon the sand you may very well expects its fall but that which is built upon the Rock is impregnable and immoveable 75. For if this Idea of the Law should not extend it selfe so far as to oblige men to an accurate observation of that which is a remove or two distant from first principles it would then prove extreamly defective in some such precepts as do most intimately and intensly conduce to the welfare and advantage of an intellectuall being 76. The Idea of the Law as it is thus brancht forth doth bind in foro conscientiae for as that noble Author Des Cartes speakes very well in this Naturall conscience it is centrum notitiarum communium and it is a kinde of sensus communis in respect of the inward faculties and that other in respect of the outward senses It is a competent Judge of this Idea of the Law it is the naturall pulse of the soul by the beating and Motion of which the state and temper of men is discernable The Apostle thus felt the Heathens pulse and found their consciences sometimes accusing them sometimes making Apology for them yet there 's a great deal of difference between the Law of Conscience and the Morall Law for as the Lawyers plead it is Dictamen practicum in particulari it is a prosecution and application of this Naturall Idea of the Law as providence is of that Divine Idea of the Law 77. Nay conscience sometimes doth embrace only the shadow of a Law and doth engage men though erroneously to the observation of that which was never dictated by any just legislative power nor is it content to glance only at what 's to come but Janus like it has a double Aspect and so looks back to what 's past as to call
the sword and in effect those same excursions and adulterate Mixtures are but the workings of a party already in motion towards that end He that designes a change of Government must begin by imposing a delusion upon the people And whatsoever is necessary to his purpose must be accommodated to their humour The Pulpit by these glosses and puzling distinctions under the Doctrines of conditionate obedience suggesting liberty cousens the multitude into a Rebellion Oaths Covenants are but the Jugglers-knots fast or loose as the Priest pleases The weaker sort being thus prepared and poysoned by a seditious Clergy 't is then the States-mans part to push those mutinous inclinations into action and to divide the cause betwixt Conscience and Property the better to involve all interests in the Quarrel under the Masque of Piety and publickness of spirit of holy men and Patriots the Crafty cheat the simple engaging by those specious pretences the rash mis-guiding people with good intentions but wanting care and skill in Sacriledge and Treason And indeed now all the planets are retrograde except the Sun and Moon which sometimes are eclips'd and dart down these influences upon the earth This was the very Root and this hath been the proness of our evils for under the Notion of Gods glory the safety and honour of the King The fundamental Lawes and Freedomes of the people the priviledges of Parliaments c. The Kingdome was gulled into a complyance with an ambitious and scismatical faction the main pretence was the Assertion of the Subjects legal Rights against the grand prerogatives And that directed only to the limitation of an intended arbitrary power that regulation of such such misgovernments and all this saving their Allegiance to his sacred Majesty whose Person Crown and Dignity they had so often sworn deeply to maintain This was a bait so popular it could not fail of drawing in a party and that produced a Warre The former story of the Quarrel is little to my purpose The Logique of it less How by the same authority of Text and Law both King and People could be justified against the other I meddle not let it suffice that Saturn and Jupiter back't with a Comment few years before threw down after six years conflict a vast profusion of blood and Treasure the King a prisoner and his whole party scattered and disarmed The Commons found themselves dispos'd to end our troubles and passed a Vote to treat with his Majesty in order to a settlement This met with little opposition for all the planets were then in Trine except Mars his people who having gorged themselves already upon the publick ruine were not yet satisfied without their Soveraigns blood the death of Monarchy it self and the subjecting of a tame slavish people to a Conventicle of Regicides there were not many of so deep a tincture but what these few could not effect by number they did by force for by the malice of mutual Aspects the planets showered down six moneths before then Sir Hardresse Waller Pride and Hewson moved by this influence upon the sixth of December 1648. they seized and imprisoned 41. of the Commons house clapp'd guards upon all Passes leading to it some 60. more were given in upon a List to those that kept the door with an expresse direction from several leading members to oppose their entrance about 40. more withdrew for fear of violence their crime was only the carrying of a Vote for peace already mentioned the day before This action was so erroneous that the very Contrivers of it were ashamed to own it transferring that upon the Army-Officers which was done by their own appointment They passed however a formal disallowance of the violence and ordered their discharge which yet the Officers refused upon a combination now most evident observe A Comet and a grand Eclipse of the Sun alters the matter for that which they told me in 48 was an Act of the Army-Officers In 59. they call a Judgement of Parliament and they justifie and continue that very seclusion by a Vote of Jan. 5.59 which they themselves condemned and discharged by several Orders in Decemb. 48. The particulars of these transactions by Sir Michael Heydon are excellently delivered And thus you see how God by the Planets shoots down his Angry sword and how they are now all set upon revenge their influence is furious and so will continue untill the King be crowned in England c. I will now return to the great test of the spirits and designes of the several parties and Members of the House and from that Judgement and discrimination of persons and humours we may learn seasonably to provide against after-claps This Blow brake the house of Commons into three-peices one party adhered to the Vote opposed the violence declared against it claimed from time to time their own and the peoples Rights pleaded the Covenant and their Declarations and stood it out The second sort was not prepared for Martyrdome a kind of Barnacle neither fish nor flesh this was a party that flew at first but soon retracted Headed again and went along for company My charity perswades me well of diverse of them and that they mixed rather in hopes to moderate the rest then in design to strengthen them A party rather weak and passive then malicious But nothing can excuse those sons of Belial the perjured Remnant no nor express them beside their Oaths and Covenant they have above an hundred times in printed Declarations renounced the very thought of what they have since executed Read the exact Collections We are say they so far from altering the fundamental constitution and Government of this Kingdome by King Lords and Commons that we have only desired that with the consent of the King such powers may be settled in the two houses without which we can have no assurance c. These are the very words of their Declaration April 17. 1646. published by the House of Commons alone towards the end of the War and most remarkably entituled A Declaration of their True intentions concerning the antient Government of the Nation and securing the people against all arbitrary Government Let this Quotation serve for all lest I exceed my limits not to insist upon things known and publicke How faithfully these people have managed their original Trust how strictly they have kept their Oaths and Promises how tenderly they have observed the Lawes and asserted our freedomes how poor they have made themselves to make us rich how graciously they have assumed the Legislative power and then how modestly they have exercized it In fine how free and happily we lived under their Government till Geomantick Divels were called upon by the power of Angry Planets and loost in their Influence then Oliver stept in and threw them out by a trick of their own teaching And thus the King of Planets was angry with the Moon that eclips'd his Glory in March 52. And thus in April 1653 he shewed
better discovery and speedier Conviction of Jesuites Popish Priests Fryers and Papists consented to by the King in the late Treaty to all the Officers Agitators and Souldiers in the Army they will presently discover an whole Conclave of Jesuites popish Priests Fryars and Jesuited Papists amongst them who have instigated them to disobey and force both houses imprison their Members to impeach try exempt the King dissolve the present and future Parliament subvert our Kingly Government and Constitutions of Parliament betray Ireland to the Rebels and involve us in a new Warre and Confusion instead of Peace and Settlement the Practices Designes and Studies of none but Jesuites and Papists which all true Protestants cannot but abhor If Milton beginning to write an Answer to the late Kings Book against Monarchy was at the second word by the power of God strucken blind What shall fall upon them that endeavour to destroy his Son verily they that fight against him fight against Providence I pray God direct us in the right way to his Glory From my house near Bishopsgate London on the East-side Spittle Fields next door to the Red Lyon this 27 of May 1660. John Heydon A servant of God and Secretary of Nature 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 1. DUring the Reign of the three last Monarchs of England Rebellion seemed here to have been established as a Verity not to be questioned Its Mysteries having as it was conceived been by many Volumes of our learned Writers so cleerly unfolded that it was not credible that either the whole body of the old or the Caprice of any new-fargled fancy should be able to stagger the foundation was laid for it 2. But a long peace accompanied with too great a felicity bred such a wantonness in our souls that we could not be satisfied with that was generally profest and practiced forms rites and ceremonies become nauseous to our dainty stomacks they rellished too much of Antiquity Superstition and Idolatry and we must have some thing of Novelty to please the gusts of our Palats this in succession of time attained to so vast a growth that at last like evil weeds it choakt the Plants set by the Industry of the Gardner and disputed the propriety of the patron 3. Thus armed with the strong zeal of Religion we hurry into a pernicious Warre make piety the cloak of our Iniquity and therewith charm simple Zelots to part with their coyn and plate to advance the Justice of the cause which justified with happy success we idolize and prefer before the sanctity of Religion esteem Loyalty but a Chimera and trample sacred Royalty under foot to authorize a licentious liberty which no sooner fixed in an uncontroulable authority but we give Laws to our Masters dis-inthrone Soveraignty and exercise the Tyranny of power to the terror of pretended Delinquents 4. By the severity of our procedures we become formidable to loyal souls by our assidual promises of Reformation we enslave the Wills of Idolaters who hood-winkt with our specious pretences vigorously support the weakness of our cause and by frequent victories we legitimate that right which no former age could or ever did make claim unto 5. Power now inconcussible in her Throne to prevent the violence of Opposers we distribute the Estates of our vanquisht adversaries among our own active Pillars corroborating the one by the debilitation of the other general Reformation in the interim is laid aside particular interest must antecede and while we are solely bent upon this Religion through an unbridled libertinage becomes a Labyrinth of confusion the head being taken away like so many Hidras new ones take life every Dreamer creating a Religion and thousands become his followers as the Devil out of his malice dictates to their weakness 6. Dotage is better prevented then cured but what hopes have we of the cure of this dotage when we are already seiz'd upon by a most raging frenzie the evidence of our actions confirm the certainty of our disease how many solemn Vowes have we made to advance the relieved truth of the Gospel and to preserve the known Laws of the land inviolable 7. How often have we dispensed with those Vowes and justified those Dispensations both with our publick Actions and Writings â—e pretended a pious tenderness toward God and sacred things but intended nothing less for our Cruelty Tyranny and Rapine practised toward our brethren testifie we dissembled with God and made a stalking horse of his Divinity our frequent Sacriledges manifest our interiour Iâ—everence how many glorious Temples by our pious Ancestors dedicated to Gods honour have we despoiled of their Ornaments most profanely converted them to Courts of Guards Stabls and brothel houses and made sale of their Stones Lead and Timber for the use of our Impieties Sects we indulge Heresies we approve Judaisme we tolerate Paganism we abhor not Turks we correspond commerce with as our brethren as indeed they are for their Times and Actions have no small Analogie with ours but our brethren and fellow Christians we pillage persecute and butcher nay we want nothing to be the worst of men but to become Cannibals 8. If this be the Product of our Reformation let us even petition to hell for a more divine 9. Now we are thus superlatively beatified by the Reformation of Relligion let us Cast an eye upon the Condition of our State we were all glutted with wealth happiness and prosperity and we must project for variety of sharp sawces to delude our stomacks into an appetite Our peacefull Soveraign was held too improper to sit at the sterne of this stern Nation his clemency was too benigne his sobriety too regular his Justice too merciful his conversation too familiar access too facile he had not the gift of Hipocrisie to screw himselfe into the credit of a Zelot he wanted the Octavian austeritie to check the frowardness of our insolence he was to ill furnisht with viciousnesse too countenance our horid villanies In fine he lacked Imperiousnesse to curbe the impudence of our Rebellion 10. Thus the Noble faculties of his soul being incoherent with ours his person could not be consistent with our ambition therefore beyond all the examples of the most barbarous savages we adorne the Prologue of our reformation with the Innocence of his blood the nobles we have disenobled the kennel-rakers we have made nobles the rich we have beggared the beggars we have enriched the Laws we have violated Justice we have perverted Magistracy we have contemned Trade we have decayed our name with forrreigne nations we have rendred contemptible and in the Epilogue of this happy reformation our reformers are the second time hurrried away in a whirle-wind leaving a worse stench behind them then the divell when he is constrained to quit a miserable possessed this poor nation in the interim abandoned to the mercy of
may befall you as it befell your Patrons there is none of you but is particularly guilty of a general injustice the general Plea you pretend will prove too hard for your particulars when you are summoned to appear before the dreadfull Tribunal not is it improbable you may feel the lash of the like scourge wherewith you have whipt your Masters they have felt but the effect of your sword but its edge is too blunt to encounter with the Celestial weapons Thunder-bolts Earth-quakes and Pestilence are the arms of Gods fury no Corner can hide you from being discovered by his wrath to erre is humane weakness but to continue in our errors is a diabolical malice Repent you then of your deviations your subscription to Justice will redeem you of your guilt and reconcile you to favour your guilt is not unpardonable being but hirelings and espousing a cause necessity not reason perswaded you to believe it carried Justice on its front Casual REFLECTIONS Relating To the Antecedent Discourse of the Idea of Tyranny upon pretended Crimes 1. RAtional men and unconcerned in a cause will positively conclude that a pretended Crime is no Crime that hath not by unquestioned Lawes been confirmed to be so 2. Lawes pretended to be inviolable ought to be enacted by the power and form accustomed to enact them but where it is evident that right of Enaction is usurpt upon those Lawes are no Lawes but violent impositions and consequently no crime to violate them 3. If at the beginning of a War it was held no crime for Vassals to inâ—inge their Lawes and deny their Allegiance to their undoubted Lord how comes it afterwards to be a crime when the undoubtedness of the Lord is not yet decided 4. A whole ages possession of an usurped estate is not sufficient to confirm the legality of its possession though a continual claim were not made to it by its anterior possessor let the title first appear decided before it be judged a crime to dispute it 5. It was no crime by arms to dispossess a man of his right certainly it is no crime by arms to endeavour the recovery of that right it is less injustice to struggle for ones propriety then to have it detain'd from him by violence Liberty and Religion the ordinary stalking horses to Rebellion have so dazeled the eyes of the vulgar that they run head-long upon Precipices whence a wise Retreat promiseth them no safety so that they will rather hazard their ruine by an obstinate folly then court an assured security by the acknowledgement of their error Who will commiserate the misery of such stupids their calamities are the just rewards of their madness too much felicity made them quarrel with the heavens and innocence and it must be a superlative affliction that must restore them to the perfection of their senses Gods wrath is not implacable if it be but pacified with repentance the scourge that now chasteneth us may upon our dutifull submission be cast into the fire as uselesse our distasters are generated from our own corruption let us but rectifie our disorders and the confusions attending on them will cease in their effects AMBITION AMbition to compass its design easily leveleth all difficulties that oppose it it stumbleth not at iniquities so they contribute to its progress and once waded in blood for the advancement of its attempts it will rather swim in an ocean of it then be interrupted in its course holding it its greater security rather to heap Tragedy upon Tragedy then to condescend to succession or to limit its violence with moderation Humane thoughts never want objects for their fancy and those objects they pursue with that vehemence that they ordinarily ruine either themselves or others in the acquest yet if any should assure them of ruine in their attempts such is their itch to that ayrie bubble of Glory that death it self will not be formidable when the object they aim at promiseth a supposed felicity Men of high Talents whose actions should be squared by the inerrable rule of Reason should never admit of fancy to over-master their Judgements the proposals of felicity they make themselves should be unquestionable If it admitted either of doubt or prejudice whereby they might be frustrated of their aym a mediocrity of welfare with tranquillity were to be elected before a vast greatness with disturbance If we ambitionate things unjust intrenching upon the right of others to perfectionate our intended felicity our felicity is ecclipst by the vexations and molestations we meet by the opposition of our Antagonists by which reason we should rather desist from our enterprizes then give augmentation to our minds disquietness by the frequent encounters of Disasters Most men are erroneous in the apprehension of their Felicity Honour Glory and Riches being their ordinary objects are but smoaky substances to make it solid and imperdible all these are daily subject to casualties for what with difficulty we have acquired in a year may by an unexpected accident of fortune be lost in a day and often times by the same means we projected to mount the throne of our felicity we inevitably fall into the abiss of disgrace True felicity is not so frequently seen in the sumptuous pallaces of greatness as in the meanest cottages of humility the highest Oedars are shaken with storms when the lowest shrubs lie secure from the disturbances of the winds all greatness lies expos'd to the malicious assaults of envy where humility lives secured under the protection of her meanness why then should we not rather satisfie our selves with that felicity which is ever fortified with security then to our anxieties research that greatness that is never unaccompanied with danger STATE INFANCY HE must be no Novice in knowledge who will give growth to the puerility of a State he must be well studied in the constitution of the clime it lives in to give it nutriment digestible that it may thereby become vigorous in its growth it must neither be cloyd with delicacies to make it wanton nor yet hunger-starv'd with sâ—ntness whereby to engender malignity Dominion is much more easily acquired then maintained an opportunity offered may facilitate a Conquest but discontents arising from alterations may frustrate the settlement that yoak is but grudgingly born where liberty pretends a priviledge to emancipation and subjection transmuted into a servitude doth undoubtedly generate a most malicious repining No Government how prudently soever managed can give an early tranquillity to a new erected State nor can general Maximes be adapted to every shape the distempers of predominant Dispositions must be tempered according to the quality of the infirmity Magnanimity is not domitable by compulsion though it dissemble a necessitated commission nor is pufillanimity fixed in its affection where there is intrenchment upon its interest Whether love or fear be the fitter Ciment in the structure of Government is a question much disputed among Statists both being inexcusably necessary for its settlement