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A86277 The idea of the lavv charactered from Moses to King Charles. Whereunto is added the idea of government and tyranny. / By John Herdon Gent. Philonomos. Heydon, John, b. 1629. 1660 (1660) Wing H1671; Thomason E1916_2; ESTC R210015 93,195 282

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hold us still unsetled by throwing in impertinent and dangerous scruples to divert at the farthest if not disturb the long desired Peace and Protestant Religion being established in the true sense of the Church of England we pray for He that hath either honor in his blood or honesty in heart is reproached with a King in his Belly then for the Qualifications these goodly Squires would have thrust upon us are they not pleasant one man of forty shall be allowed to vote or sit and the other thirty nine must call that a Free Parliament and swear it represents the people We are not so blind yet nor so forgetfull as not to see and know some Foxes and some Asses in the medly All are not Saints we call so We do remember who they were that ruled in 48. and we are sensible what they would do still if they had power we know who brought in who but the Markets raised our heads will not off now at fifty shillings a hundred as formerly Lastly let the General the secluded Members and the honest Souldiers live long happily and beloved and let the rest take their fortune c. I write not this out of an itch of scribling or to support a faction my duty bids me write nor do I love to spend time in Complement The Readers wisdome or the Authors weakness is not the Question The Nation is in distress by Tyranny and every honest Englishman must lend his hand to save it Nay that must be done quickly too and vigorously Delay is mortal Can any thing be more ridiculous then to stand formalizing in a case where it is impossible to be too early or too zealous The event of things takes up our thoughts more then the reason of them What Newes more then what remedy as if it concerned us rather to know whose fooles and slaves we shall be next then to be such no longer That which compleats the wonder and the over-sight is that the miseries we suffer were before hand as easily to be foreseen and prevented as they are now to be felt And we only look backward to take a perfect measure of the future so obvious and formal is the method that leads to our Destruction if we were not in love with beggery and bondage and subject to Tyrants let us all at last bethink our selves of freedome and from a due enquiry into the Idea of Tyranny that is the rise and growth and present State of our calamities learn to be happy for the time to come This Idea of Tyranny men are arrested and ruined upon suspition of debt imprisoned to death in a plea of trespass upon suspition of Treason men are destroyed without reason and never know at whose suit they are arrested or if they do they know not the Plantiffe And for the latter they never knew their Accusers nor any relief but destruction Others are taken upon suspition of fellony and are starved to death in prison and this is the Idea of Tyranny Now the King will rectifie the Law banish Tyranny and establish a good Government being as free from any Revenge as the most consummate Christian upon earth And for his fidelity his Word is a Law of the Medes and Persians whosoever shall obtain it hath an assurance irrefragable For all the world that have at all practised and observed the King know that it is a principle radicated in him and to have cost him sufficiently dear in he Judgement of these severe persons who have sometime thought one of his most princely Vertues a disadvantage to his proceedings And this may assure all men that the harshness of the Law shall be taken off viz. the Torturing part thereof King Charls will forgive his enemies whose fortune and whose persons will be as secure and dear to him as the most loyal of his Subjects for what breaths he after so passionately as a perfect oblivion of what is past and that he may be united to his own flesh and blood in all the bonds of Charity and princely relations and then Cruelty and Oprression and Tyranny will be banished and Mercy and Truth Righteousness and Peace established in his three Kingdomes and Dominions thereunto belonging to the glory of God and the flourishing prosperity of the people None as yet have been so hardy as to occasion a Redress of grievances the poor miserable Country man he sorrows and none assists him in his necessity The rich find friends but the poor wearies his body with labor to provide for his family and is forced to pay Taxes his senses being destroyed with care to content the greedy excise man and at last obtains beggary when his spirits are dulled and decayed We live in hopes of another Session Writs are already issued forth if they leave us as free as they found us 't is well if not it is but to turn the Tables and try their manage of a loosing game Raphel stood up and said who will perswade the Phanatique party to endeavour to keep out the King and the Kings Son and Ophioneus said he would and the Angel asked by what means and he said Hilel shall be a son of Belial and teach new Doctrines some shall be Papists some Independants some Anabaptists Shakers Socinians Millinaries Quakers c. and all these will oppose the King because he is a Protestant and the Pope therefore hath made these Sects or Inquisitors of the order of preaching Fryers that they may deceive And these would have all men to believe in the Church of Rome which is here in England covered over with new Idolatry and strange Notions of Religion And I fear at last that these phanatique Religions will compell all us of the true Protestant saith to submit and adhere to the Pope And then it will not be lawfull for any Protestant to go about to defend his opinion with any testimonies of Scripture of with other reasons interrupting him with great noise and angry cheeks they say that he hath not to doe with Batchelours and Schollers in the chair but with Judges in the Judgement Seat that there he may not strive and dispute but must answer plainly if he will stand to the decree of the Church of Rome and to revoke his opinion if not Then shew him Fagots and Fire saying that with Hereticks they may not contend with Arguments and Scripture but with Fagots and Fire and enforce the man not convicted of Obstinacy nor taught better Doctrine to deny by oath his opinion against his Conscience and if he will not do it they deliver him into the hands of the temporal Judge to be burned and at last for every small offence men shall be put to death To prevent all this mischief and that will happen in London 1663. 1664 and 1665. call home the King and perswade the General and his Protestant Officers immediately to tender the Oath of Supremacy and Allegiance the solemn League and Covenant and the new Oath of Abjuration for the
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 Preb●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 ever● Period as my beloved Friend Mr. Windsor Chumbers terms them Paragraphs as though the verity consisteth not rather in reasons then in confused testimonies drawn out of the vile multitude of very obstinate and trifling persons among whom is so much 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