it in such works which are contrary to the world use it rightly and enjoy it as he that hath it not live a temperate life and beware of all sin otherwise my friend you Genius will forsake you and you shall be deprived of happiness for know this of a truth whosoever abuseth this Genius and lives not exemplarily purely and devoutly before men he shall lose this benefit and scarce any hope will there be left ever to recover it afterwards These Genii teach and give Laws to the Servants of God for to deliver to the people These Genii command us to forgive our Enemies and regard not any that speak evil against us for what hath a good man to do with the dull approbation of the vulgar Fame like a River bears up all light things and swolne but drowns things weighty and solid I see the lowest vertues draw praise from the common people the middle vertues work in them Astonishment but of the highest vertues they have no sence or perceivance at all Regard not therefore vaine praises for praise proceeds more out of bravery then out of merit and happiness rather to vain and windy Persons then to persons substantial and solid My Genius hath had some contest with mee in the disposal of The Idea of the Law the subject being cross to the deceit of the times which is both malicious corrupt and spleenatick it was my desire to keep it within doors but the relation it bears to my former discourses and my practice hath forced it to the Press it is the last glass of my thoughts and their first reflex being not compleat I have added this to perfect their Image and simmetry hoping it will be profitable The Genius of the Law of England and of the City of London is naturally the same that King Charles hath who is called King of Scots and there is no Government that will be established with good and wholsome Laws but Monarchy who can incorporate Fire and Water The people will not be happy without the King And it is esteemed more Honour Excellency and Majesty amongst the Legitimate Nobility and Gentry of the world for a General to restore or make a King then to be a King c. My humble and hearty desire is that the Laws of England the Priviledges of Parliament the Liberty of the Subject and the property of all things may be asserted according to the first Declarations of the King and Parliament in the begining of the unfortunate Warr. That the true Protestant Religion in the best sence of the Church of England may be professed and defended all Heresies Sects and Schismes discountenanced and suppressed a lawfull succession of godly and able Ministers continued and encouraged and the two Universities Oxford and Cambridge and all Colleges in both of them may be preserved and countenanced And this is for the prosperity of the Nation I have now done Gentlemen but how much to my own prejudice I cannot tell I hope I have offended no man yet I am confident this shall not pass without noise but if I have err'd in any thing and yet I have followed the best presidents of Lawyers in the World I expose it not to the mercy of man but of God who as he is most able so also he is most willing to forgive in the day of our account And if any more zealous Pretenders to Prudence Policy and Piety shall oppose the Idea of the Law I shall expect from them these following performances 1. A plain positive Exposition of all the passages in this Book without any injury to the sence of their Authour for if they interpret them otherwise then they ought they but create Errors of their own and then overthrow them 2. To prove their Familiarity with the Genius of the Idea of the Law and Knowledge in these Divine and Natural Statutes let them give the Reader a punctual discovery of all the secrets thereof If this be more then they can do it is argument enough that they know not what they oppose and if they do not know how can they Judg or if they judge where is their Evidence to Condemn 3. Let them not mangle and discompose my Book with a scatter of observations but proceed Methodically to the censure of Appologue Book and the account at the end expounding what is obscure and discovering the very intents of my Book in promoting the practice of good Laws for the benefit of my Country that the reader may find if I write for any other end then to disabuse the Nation my positions to be false not only in their Theory but if he will assay it by his own particular experience I intreat all Ingenuous Gentlemen that they will not slight my Endeavours because of my years which are but few it is the custome of most men to measure knowledg by the Beard but look rather on the Soul an Essence of that Nature quae ad perfectionem suam curricula temporis non desiderat and that they would not conclude any thing rashly against me Thus have I Published that knowledg which God gave me Ad fructum bonae Conscientiae I have not bushell'd my Light nor buried my Talent in the ground I will now whilst the poor Communalty are Plaintiffs and Exrcise-men Defendants humbly move for the Plaintiffs and put up my Idea of the Law to the Judg and so let the Attorney and his Counsel on the other side shew cause why we may not have judgment against them the Devil being Nonsuited and my Council hath put all his enemies under his feet Sentence being given I humbly pray the Execution may be served upon the last Enemy that my Counsellor Judg Prince and King may deliver up the Kingdom to his Father For now is nothing covered that shall not be revealed and hid that shall not be known From my House in the East-side Spitle Fields next door to the Red Lion without Bishops-gate neer London April 27. 1660. JOHN HEYDON In Honorem viri verè eruditi Domini Johannis Heydon generosi in operam suam elaboratissimam Legis Ideam Praeteritum tempus scribis scribisque futurum Illustras radiis tempus utrumque tuis Praeteritum praesens red dis praesensque futurum Nulla tuis oculis non patefacta latent Si tibi praeteritum praesens notumque futurum Inter coelicolas tu quoque caelicola The past and future time thy pregnant qui◠Illustrate 'bove the reach of humane skill Future and past both present are with thee There 's nothing hid from thy perspicacie The present Future past to him 's all one Who in the heavens hath his Station Thomas Revel Arm. To the truly Ingenious his highly deserving Friend John Heydon On his Learned Work Entituled The IDEA of the LAW COuld I of our Antipodes but give A true Description Tell how Those persons live That there Inhabit Acquaint the World how all Things stated are on that side of Earth's Ball Relate the curious Customs that
perceive in the great and marvellous hidden Misteries of the Canons which some Popes of Rome do fructifie turning also the things which are spoken elsewhere in the holy Scripture and sometimes counterfeiting them and with these their devises likening and applying them from hence sprung those Concordance as Dr. Owen calls it of the Bible and of the Canons Moreover then this so many titles of Robberies of Clokes of Indulgences of Bulls of Confessionals of Pardons of Rescripts of Testaments of Dispensations of Priviledges of Elections of Dignities of Prebâ—nds of Houses of Holy Churches of Liberties of the place of Judgement of Judgements c. Finally the whole Canon Law is of all the most Erroneous and Deficient and that same Christian Religion at the beginning whereof Christ took away Ceremonies hath now more then ever the Jews had the weight of which being put thereto the light and sweet yoke of Christ is become much more grievous then all the rest and the Christians are enforced to live rather after the order of the Canons then after the Gospel It is a great error when the whole knowledge of both Laws is occupied about nothing but transitory frail flitting and vain things worldly affairs entercourses enmities of the Canons about the murders of men robberies thefts spoils factions conspiracies wrongs Treasons and the cases of the Censorian Courts Moreover then this Perjuries of witnesses falsifications of Notaries conclusions of Advocates corruption of Judges ambitions of Counsellors Revenues of Presidents by whom widows are oppressed Pupils undone good men exiled poor men trodden under foot innocents condemned and as J. Cleveland saith The Crows unharmed scape the Doves be vexed sore And blind men have altogether prepared for themselves and incurred those things which they have thought themselves to eschew by the means of the Laws and Canons because these Laws and Canons come not from God nor be addressed to God but are derived from the corrupt nature and wit of men and are invented for gain and covetousness To follow my Idea and Method of Law which is Monarchical and Episcopal you must next in order correct another Error in the practise of the Law which is full of deceits craftily set out with a colour of perswasion which is nothing else but to know how to intreat the Judge gently with perswasion and to know how to use the Laws of their fantasie or else inventing new cases and strange Pleas to make and unmake all Laws according to their pleasure or to avoid them with all manner of subtle slights or to prolong deceitful controversie to alledge the Laws in such wise that the Praetorian Court is turned into falsehood to entangle the Authority of the Atturneys in such sort that the meaning of the Law-maker is subverted to cry out with a lowd voice to be shameless presumptuous and clamorous and obstinate in pleading and declaring and he is accounted the best Practitioner which allureth most to variance and putteth them in hope to overcome perswadeth them to go to Law and incenseth them with wicked counsels which seeketh for appeals which is a notable Barrator and Author of variance which with the babling and force of his tongue can prate of every thing and also can make one case better then another with conveyances of Judgements and by this means to make true and righteous things appear doubtful and naught and with their arms to banish destroy and overthrow Justice That nothing may defile the Idea of the Law you must correct the blots and errors of the Proctors and Notaries whose injuries damages naughtiness and falsities you patiently endure forasmuch as they seem to have gotten credit licence and power to do all things through Apostolick and Imperial authority and among them they be the chiefest which know best how to trouble the place of Judgement to cause Controversies to confound causes to forge false Wills Obligations Supplications and Writs to know also excellently to deceive beguile and when it is needful to forswear and write false to dare to do all mischiefs and suffer not themselves to be overcome by any in imagining deceipts wiles crafts malitious alterations snares entrappings subtil practices incombrances controversies circumventions Scylla's and Charibdis's Furthermore no Notary can make so sure an instrument as Mr. Michael Petty terms it but that it is necessary to go to Law afresh if any adversary will go about to disanul the same For he will say either there is something left out or that there is deceit or else he will lay some other exception or demur to impugn the credit of the Bill Bond Lease Deed or Morgage or other And these be the remedies of the Law whereunto they teach contentious persons to flee these be the watches unto which William Hill Esq saith that the Law giveth succour except there be some that had rather fight then strive For he shall have so much Law as with his power he shall be able to defend wherefore the Law saith that we cannot resist them that be stronger then us The Lawyers of all Courts of Judicature interpret diversly one from another And I have a Controversie with them as sometime my Predecessor Doctor Nicholas Culpeper had with the Colledge of Physitians he desired the health of his poor Countreymen amending the Bill of the Doctors and prescribed good Medicines for poor people and being envyed it is supposed he was poysoned Now I hope to correct the Errors of the Law by the Idea and as briefly as I can I have shewed what is good and what is evil But indeed they have brought forth with most unhappy fruitfulness so many storms of Opinions and so many Annotations of most subtle Counsels and Cautles with which naughty Practises Atturneys are instructed and maintained which do so much bind their reputation with the famous memory of those Laws through everâ— Period as my beloved Friend Mr. Windsor Chumbers terms them Paragraphs as though the verity consisteth not rather in reasons then in confused testimonies drawn out of the vile multitude of very obstinate and trifling persons among whom is so much deceipt wrangling and discord that he which disagreeth not from others as I have heard an ingenuous man and no Lawyer Mr. Heydon say He that knoweth not how to gainsay other mens words with new opinions and bring all apparent things in doubt and with doubtful Expositions to apply well invented Laws to their devises is accounted little or nothing learned c. I have heard another industrious man Mr. William Hobbs the Astrological Fencer say All the knowledge of the Law is become a naughty Counsel and a deceitful not of iniquity Now I am ashamed to see how England is Governed and what strange Laws and Statutes are established to abuse the simple honest people by Fanatique Parliamentiers These hate the King and from these come those gorbellied Committee of Safety and the Grand Oliver who hurl low Secretaries into places of honor undeserved and base people into
THE IDEA OF THE LAVV CHARACTERED From Moses to King Charles Whereunto is added The IDEA of GOVERNMENT AND TYRANNY By John Heydon Gent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. The whole Law is like to a Living Creature whose body is the literal sense but the Soul the more inward and hidden meaning covered under the sense of the letter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Soli Deo Laus Potentia London Printed for the Author and are to be sold in St. Dunstans-Church-yard in Fleet-shreet 1660. Vera et viua Effigies Johunis Heydon Equitis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nat 1629 Die 4 Sept 10 P. M. Gaudet patientia duris T. Cross Sculpsit To the Right Worshipfull RALPH GARDENER Esquire Justice of the Peace and Counsellor of Estate to the supreme Authority of England John Heydon wisheth External Internal and Eternal Happiness Much Honoured c. MY blushing disabilities have presumed to salute you unprovided of any other Ornament then sincere Loyalty devoted to you in this condition I can say nothing of you but what all men know such is the greatness of year Renowned Fame such is the greatness of your vertues and splendor of Learning and frequent making of Acts and giving of Laws with solid Prudence and Elegant readiness of Speaking and Writing Knowledg of many things Constant in Religion Assisting the Poor in their Just Causes and delivering the Imprisoned out of the hands of blood-thirsty Creditours And these are the Commendable conditions with which you are endowed beyond the common custom of others I say nothing of those Ancient Monuments of your eminent Nobility the Treasure of your Riches both old and new the Largeness of your Spirit in Armes with the Excellency whereof you excel together with the comely form and strength of the body Though all these be very great yet I esteem you farr greater then all these for those your Heroick and superillustrious vertues by which you truly have caused that by how much the more any one is Learned and loves vertue so much the more he may desire to insinuate himself into your favour whence I also am resolv'd that your favour shall be obtained by me but after the manner of the People of Italy i. e. not without a Present which custom of saluting Princes and men of honour is indeed derived from Plato Aristotle and the Ancient Greecists unto these very times and still we see it observed And when I hear of certain Learned men to furnish you with fair and great presents of their Learning least I only should be a Neglector of your Worship I durst not apply my self with empty hands to your greatness Now being thought full amongst the secrets of Nature which I have laid up choicely and closely in my study with my other Curiosities Behold The Idea of the Law presently offered it self as I attempted to Character it when I followed the Practise of an Atturney in the Upper-Bench at Westminster c. And now the Revolutions of Troublesome Tyrants and my own Misfortunes being almost past I presently made hast as it were to pay my vows to present it to your Worship to compleat Truly I was perswaded that I could give nothing more acceptable to you then a Method of this Nature which none have I dare say hitherto attempted to restore Yet it is not writ to you because it is worthy of you but that it might make a way open for me to gain your favour I beseech you if it may be let it be excused by you I shall be devoutly yours If this part of Law shall by the Authority of your greatness come into Knowledg envy being chased away by the power of your Worthiness there remain the memory of it to me as the Fruit of a good Conscience And so you shall know that I shall all my Life be Your most Affectionate Friend and Servant John Heydon Aprill 27. 1660. To the Truly Noble by all Titles WILLIAM WILD Esquire Sarjeant of Law Recorder of London and one of the Members of Parliament All Happiness be wished Serene c. COncerning the Choyce of the Subject matter of my present Pains It is the first of this race that ever was dedicated to any person and had I not thought it the best It should have been taught a less ambition then to chuse such a Princely Patron I shall say no more then that the sole inducement thereto was his singular learning in the Law and Gospel the former of which is so conspicuous to the world that it is universally acknowledged of all and for the latter there is none that can be ignorant thereof who hath ever had the happiness though but in a small measure of his own free and intimate Converse As for my own part I cannot but publickly profess I never read of any more wise and vertuous and so truly and becomingly Religious and where the right Knowledg of the Laws of God given to man bears the enlightned mind so even that it is as far from doing any wrong as Justice it self And my present labours cannot find better welcome or more judicious acceptance with any then with such as these for such free and unprejudiced spirits will neither antiquate Truth for the oldness of the Notion nor slight her for looking so young or bearing the face of Novelty He alone above other men of honour hath made goodness his Friend as well as greatness his Companion Besides there are none that can be better assured of the sincerity and efficacy of my present design which is appointed to run through the midst of the Laws of God and men for as many as are not meer sons of the Letter know very well how much the more inward and mysterious meaning of the Idea of the Law makes for the reverence of the holy Scripture Wherefore my design being so pious as it proves I could do nothing more fit then to make choyce of so true a lover of the piety of the Law as your self for a Patron of my present labours especially you being so well able to do the most proper office of a Patron to defend the Idea of the Laws and Statutes of England that is here presented to you and to make up out of your rich treasury of Learning what my penury could not reach to or inadvertency may have omitted And truly if I may not hope this from you I know not whence to expect it for I do not know where to meet with any so universally and fully accomplished in the Law and Gospel and indeed in all parts of the choycest kind of Learning any one of which acquisitions is enough to fill if not swell an ordinary man with great conceit and pride when as it is your sole priviledg to have them all and yet not to take upon you nor to be any thing more Imperious or Censorious of others then they ought to be who know the least These were the true considerations that direct me in
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
unto them even for conscience sake and for the Lords sake and to make prayers supplications and intercession for them that under them we may lead a peaceable and quiet life in all godliness and honesty for this is good and acceptable in the sight of God our Saviour not to despose or shead their blood for which their is no precept nor president in the Gospel but only of the bloody Jews who with wicked hands crucified Jesus Christ the King of the Jews by birth-right and Lord of glory whom they rejected and disclaimed for their King before they crucified him which brought speedy and exemplary desolation upon their whole Nation ever since till now And is not this plain way of God the safest for you and the Army and Cromwels bloody Saints and Jesuites to follow yea the short cut to peace and settlement ruminate upon it and then be wise and bring the Kingdomes also c. Thus from my heart I wish England may Flourish in the Protestant Religion in peace and plenty under the Government of the King and Parliament The Major Aldermen Merchants Tradesmen and Common people in general will never bee happy until King Charles be Crowned King of England and if you erect a figure of Astrology and project a figure of Geomancy in a Telesme you shall find five Angels of God Commissionated to fight for the King against those that oppose him and these are their names Michael Gabriel Phebus Hamaliel Muriel and these command two Genij Teriel and Elim to preserve him against one enemy and his two servants Pallas and Barchiel but the Genij keep him in the Protestant Religion against all Sects in Charity and Prayer Now it is a vaine thing to fight against God turn him a Papist or an Anabaptist c. and these Angels will forsake him and he shall lose his life or all that belong to his happiness in this world c. He that desires to know more of what shall come to pass in England Scotland France and Ireland Spaine Italy Sweden Poland c. let him read my Book of Geomancy entituled by the Rosie Crucians The Temple of wisdome and he shall find what he desires and the Spirits that signifie these things and what strange things will happen in London before 1665. God bless the City from destruction the Devill is willing to make war between the King and Parliament that Popery may be built upon their ruine I desire mercy and truth may meet together Righteousness and peace kiss each other then will England be happy From my house in Spittle-feilds next dore to the red Lion on the east side London near Bishopgate this 27. of April 1660. John Heydon On the Idea of the Law retrived by his Ingenious Friend Mr. Jo. Heydon APélles view'd the Beauties of all Greece That he by them might limb a curious piece Resembling Venus Heydon surely saw As many wits to Ideize the Law In its perfection so sublime a tract As this appeares may legally exact A subsidie of praises to usher't forth By vertue of its own inherent worth Great volumes are but the periphrasis Of what you have epitomiz'd in this Plato's Licurgus Laws et Cetera Are summ'd up by you in this Algebra On this your Specilagium when I look Each Paragraph presents me with a Book And with an Idea thâ— nâ—r was known To any age or person but this one The Macrocosm may be by this Law freed From the Convultions Tyranny did breed Platonick Laws shall be no more Divine Reputed since we have these Laws of thine Tho. Fige 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Monsieur Monsieur Jean Heydonsur son admirable Idee des toâ—h emciennes et modernes LE grand flam beau du mond á toute sorte Des animaux par ses caions confoote Et toy moncher Heydon par ton espoit Ecllairs nostr ' ignoranle ton esloist Par la recherche de ta belle Industrie A tracé les tenebras et gueri Nostr ' avengless les choses plus chachcés Rendant tóut claires et tóut Illumintés Advance donc toutjours par ton geâ—a á sutmonter les assauts de l'annie LUIS FROISAND Eque Al molto Illustre amico mio honoratissimo Il Sigr Giovanni Heydon soprá l'opera sua accuratissima l' Idea delle Leggi IL Cielo e terra e tuâ—t ' i suoi se ereti Al tuo cercar ' non resteranno cheti Volgi e vivolgi tutto e non si trova Cosa ch' à tu ' Ingegno sia nova L' antico é novo à te e non v ' è cosa Nova à tiche paja tenebrosa E poiche tuito à tua vista appare Noll ' sdegniál Cieco se colo mostrare Castruccio Castracani Cavilero THE PROAEMIUM THE Idea of the Law you have read being the only way to establish a good Government and to Crown the Peoples desires with the King and happiness And this may be so strange and unexpected That the Defence it self which should cure and cease your amazement may not occasion in any passage thereof any further scruple or offence And this following shall strengthen the foregoing discourse And for my own part I cannot presage what may be in any shew of reason alledged by any man against me c. unless it be The Form of Government I would have and the King enthroned The Liberty welfare and prosperity of the people c. The Common Prayer c. In a word Episcopacie will warrant the easie and familiar sense that I shall set upon The Idea of the Law in the literal meaning thereof unto which if I advise reasons from the pious prudence of the holy Law-giver shewing how every passage makes for greater Faith in God and more affectionate obedience to his Law there will be nothing wanting I think though I shall sometimes cast in some notable advantages also from Critical Learning that may gain belief to the truth of the Kings Form of Government c. To prevent any further trouble in making good the sense I have put upon Monarchy being the best Form of Government in the world for the advantage of the people I shall here at once set down the Tyranny of the Times in one example of the Errors of the Laws of Oliver Cromwell and his fellows How much like the Popes their Laws and Statutes were The late King Charles his Law shewed the difference between true and false just and unjust honest and dishonest But the Pope and the Emperour boast that they have the Laws laid up in the chest of their breast to whom Will alone serveth for Law with the Arbitrement whereof they presume to judge and rule all Sciences Arts Scriptures Opinions and the works of men whatsoever they be For this cause Leo the Pope straightly commandeth all Christian people That no man in the Church should presume to judge any thing nor any man to justifie nor to discuss any matter but by the authority
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
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