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Whereunto is added The IDEA of GOVERNMENT AND TYRANNY.

By John Heydon Gent. 〈…〉〈 in non-Latin alphabet 〉.

〈…〉〈 in non-Latin alphabet 〉.

(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.

〈…〉〈 in non-Latin alphabet 〉

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〈 in non-Latin alphabet 〉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 the Dedication of this little treatiſe of the Law, which if you accordingly pleaſe to take into your favourable Patronage, and accept as a Monument or Remembrance of good will, You will oblige,

Your moſt Affectionate Friend and Servant, John Heydon.
Aprill 27. 1660.

TO THE MOST EXCELLENTLY ACCOMPLISH'T THE HONORABLE, NOBLE, LEARNED AND MOST HIGHLY OBLIGING OF ALL GENEROUS SPIRITS, PHILIP GREEN of Staple-Inne, Eſq JOHN HEYDON, In teſtimony of the Honor he bears to him, humbly preſenteth the Idea of the Law, or A Mo­narchical Form of Government.

Fitted to the Genius of England, Scotland, and Ireland; and uſeful for the Practitioners of all Courts, viz. Chancery, Kings Bench, Com­mon Pleas, &c. and all Courts of Equity, or of Penalty.

The Preface to the Reader.

THe Idea of the Law, is my preſent de­ſign; And firſt, I ſhall endeavour to follow the Method of God. Man, if you looke on his Material Parts, was taken out of the great World, as woman was taken out of man: You read in Geneſis, that God made him out of the Earth; This is a great my­ſtery, and you may find it in my book called, The Temple of Wiſdom. Now I refer you therefore thither, to avoid Repetitions; but now let me tell you in a word; it was not the common Pot-clay, but another thing, and that of a farr better Nature; He that knows this, knows the Subject of the Roſie Crucian Medicine, to procure long Life, Health, Youth, Riches, Wiſdome and Ver­tue; how to alter, change and amend the ſtate of the body; as you may read in my three firſt Books which Elias Aſhmole E­ſquire, made publick, imperfect and rudely Deficient, calling it, The way to bliſs: In my true Copy of which, there are four Books, all wearing the ſame Title, except the laſt, which is called, The Roſie Crucian infallible Axiomata; there you ſhal find what deſtroyes or preſerves the Temperament of Man.

I will in this Preface Digreſs, but not much from the purpoſe; becauſe I will ſhew you the Nature of man, how he fell, and wherefore Laws were given, &c. Now in my Vacation I ſtudied Man; and in him I found three principles homogenial with his life, ſuch as can reſtore his decayes, and reduce his diſ­orders to a Harmony. They that are igno­rant in this point, are not Competent Judg­es of Life and Death; but Quacks, and ſuch as daube their follies and abominable de­ceipts, and horid cheats upon every wall, poſt and piſſing place, &c.

The Learned Viridiamus calls this matter Multiplices Terrae particula ſingularis; if theſe words be well examined, you may po­ſſibly find it out: And ſo much for the Body; let me ſpeak a word of his Soul, which is an Eſſence not to be found in the Texture of the great World; and therefore meerly Divine and Supernatural. Tebelenus calls it Divini ſpiritus aura, & vitae Divinae Ha­litus; He ſeems alſo to make the Creation of Man, a little Incarnation; as if God in this work had multiplied himſelf: Adam (ſaith he) received his ſoul, Ex admiranda ſingulariqueDei Inſpiratione, & ut ſic loqui ſit fas fructificatione. St. Luke alſo tels you the ſame thing; for he makes Adam the Son of God; not in reſpect of the exteriour Act of Creation, but by way of Deſcent: And this St. Paul confirms in the words of Ara­tus; for we alſo are his Generation. The ſoul of man conſiſts chiefly of two Porti­ons; Ruach and Mephes; Inferiour and Su­periour; The Superiour is Maſculine and Eternal; The Inferior Faeminine and Mor­tal. In theſe two conſiſts our Spiritual Ge­neration. Ut autein caeteris animantibus, atque etiam in ipſo homine Maris ac faminae conjunctio fructum propagationemqueſpectabat Naturae ſingulorum dignam; ita in homine ipſo ille Maris ac faemenine interior, arcanaqueſocietas, hoc eſt animi atque animae Copulatio ad fructum vitae Divinae Idontum producen­dum comparabitur, atque huc illa arcana benedictio, & faecunditas conceſſa huc illa declarata facultas & monitio ſpectat, Creſcite, & multiplicamini & replete Terram, & ſub­jicite illam, & Dominamini. Out of this you may learn, The Law of Marriage; That is, a Comment on life; a meet Hieroglyphick or outward repreſentation of our inward vital Compoſition: for Life is nothing elſe but an union of Male and Female Principles: And he that knowes this ſecret, knows the Myſterious Law of Marriage, both Spiritual and Natural; and how he ought to uſe a wife. Matrimony is no ordinary trivial buſineſs, but in a moderate ſence Sacramental: It is a viſible ſign of our inviſible union to Chriſt; which St. Paul calls a great Myſtery; and if the thing ſignified be ſo reverend, the ſignature is no ex tempore, contemptible Agent. When God had thus finiſhed his laſt and moſt excellent Creature, he ap­pointed his reſidence in Eden, made him his Vice-Roy; and gave him a Law with full Iuriſdiction over all his works; that as the whole man conſiſted of body and ſpirit, ſo the Inferiour Earthly Creatures might be ſubject to the one, and the Superiour in­tellectual Eſſences might miniſter to the other. But this Royalty continued not long; for preſently upon his preferment, there was a faction in the Heavenly Court, and the Angels ſcorning to attend this piece of clay, contrived how to get a Habeas Corpus for to remove him: The firſt in this Plot was〈…〉〈 in non-Latin alphabet 〉, and he got a Lattatat of Azazell, and a warrant from Hilel, and ſo goes about to nullifie, reverſe and violate, that which God had enacted; that ſo at once, like an Inferior Bailiffe, and his Dog, as they call him, he might over reach him and his Creature: This Policy he imparts to Egin,〈…〉〈 in non-Latin alphabet 〉, Mahazael, Paymon, Azael, and ſome others of the Hierarchy I will not name here; and ſtrenghens himſelf with Conſpirators: But there is no counſel againſt God; the Miſ­chief is no ſooner contrived, but he and his Confederates are expel'd from light to dark­neſs: and thus Rebellion is as the ſin of Witchcraft. A Witch is a Rebel in Phyſicks, and a Rebel is a Witch in Politicks: the one Acts againſt Nature, the other againſt Or­der, the Rule of it; but both are in league with the Divel, as the firſt father of Diſcord and Sorcery. Satan being thus ejected, as the condition of Reprobates is, became more hardned in his Reſolutions, and to bring his Malice about, arrives by permiſſion at Eden.

Here this old Serpent, cunningly aſſaulted or arreſted Adam with ſuch warrantable con­ference, as would ſurely make him believe all was well; and ſo pleaſ'd his faeminine part, which was now ſo invigorated with life, that the beſt news to her, would be tidings of a warrant to do any thing: Wherefore the Serpent deceitfully ſaid to the faeminized Adam; why are you ſo demure, and what makes you ſo bound up in ſpirit; Is it ſo indeed, that God has confined you to o­bey his Law, taken away your Liberty, and forbidden you all things that you may take pleaſure in?

And Adam anſwered, ſaying; No, we are not forbidden any thing that the Divine life in us approves as good and pleaſant. We are only forbidden to feed on our own will, and to ſeek pleaſures apart and without the warrant of the will of God: for if our own will get head in us, we ſhall be Arreſted, and aſſuredly be carried into the priſon of Mortal­lity, and there lye in the ſtate of death.

But〈…〉〈 in non-Latin alphabet 〉and his Dog, ſaid unto A­dam; Tuſh, this is but a Panick fear in you Adam; I warrant you, you ſhall not ſo ſure­ly dye as you conceit; be ruled by me. The only matter is this: God indeed loves to keep his Creatures under a Law; holding them in from ranging too farr, and reaching too high; but he knows very well, that if you break his Law, and but take your liberty with us; and ſatiate your ſelves freely with with your own will; your eyes will be won­derfully opened, and you ſhall meet with a world of variety of Preſidents and experi­ments in things; ſo that you will grow a­bundantly wiſe, and like Gods, know all things whatſoever, both good and evill. Now the faeminine part in Adam, was ſo tickled with this deceiver, that the Concupiſcible began to be ſo immoderate, as to reſolve to do any thing that may promote pleaſure and experience in things, and carried away by this warrant Adams will and reaſon, by his heedleſneſs and inadvertency: So that Adam was wholly reſolved to obey the power of this Writ, ſigned with a counterfeit mark ac­cording the various toyings and titillations of the laſcivious life of the whitle: no longer calling for God or taking any Aſſi­ſtance of the Divine Genius.

And when he had tyred himſelf with a rabble of toyes, and unfruitfull and unſatisfa­ctory devices, riſing from the devil, and the multifarious working of the Particles of his Vehicle, at laſt the eyes of his faculties were opened, and they perceived they were now naked; he having as yet neither the cover­ing of the Heavenly nature, nor the Ter­reſtbody; only they ſewed Fig-leaves togher, and made ſome pretences of ex­cuſe from the vigor of the Plantal life, that now in a thinner manner might manifeſt it ſelf in Adam, and prediſpoſe him for a more perfect exerciſe of his Plaſtick Power, when the prepared matter of the Earth ſhall drink him in.

In the mean time the voyce of God, or the Divine Wiſdom ſpake for them in the cool of the day, when the writ was ſerved, and Adams word taken for appearance; yet he knew no Atturny now to give a plea to〈…〉〈 in non-Latin alphabet 〉Declaration; but was grown ſo out of order, and ſo much afraid to plead his own cauſe being guilty, and now eſtranged from the life of God, ſo much that they durſt not come before God, but hide themſelves from him.

But the Divine light in the Conſcience of Adam, perſued him and upbraided unto him the caſe he was in: And Adam acknow­ledged within himſelf how naked he was; having no Power, nor Ornaments, nor Abi­lities of his own, and yet that he had left his obedience and dependence upon God, and ſubmitted to the falſe feigned Latitat of that curſed Bayliffe and deceiver〈…〉〈 in non-Latin alphabet 〉, wherefore he was aſhamed and hid himſelf, at the approach of the Divine light mani­feſting it ſelf unto him to the reprehenſion and rebuke of him.

And the Divine Judge charged all this Miſery and confuſion, that had thus over­taken him, upon the following the Luſcious dictates of his will.

But Adam again excu'ſd himſelf within himſelf; that it was the vigour and impe­tuoſity of that life in the vehicle, which God himſelf implanted in it; whereby he miſ­caried the woman that God had given him.

And the Divine Judge ſpake in Adam concerning woman, What work hath ſhe made here but the woman in Adam excuſed her ſelf; for ſhe was beguiled by that grand deceiver Valifer the Bayliffe as Irictericus cals him: In this confuſion of mind was Adam by forſaking the Divine Judge, and letting his own will get head againſt it; for it ſo changed the Nature of his vehicle, that (whereas he might have continued in an Angelical and Aethereal condition, and his faeminine part been brought into per­fect obedience to the Divine light, and had joyes multiplied upon the whole man, be­yond all Expreſſion and Imagination for­ever) he now ſunk more and more, and by habeas corpus is carried towards a Mortal and Terreſtial Eſtate; himſelf not being un­ſenſible thereof, as you ſhall hear when I have told you the Judgment of the Eternal God, concerning the Serpent and him.

Things therefore have been carried on in this wiſe; the Eternal Lord God decreed thus with himſelf concerning the Serpent and Adam: That this old Serpent, the Prince of the rebellious Angels, ſhould be more accurſed then all the reſt: and (whereas he Lorded it aloft, in the higher parts of the Aire; and could glide in the very Ethereal Region, amongſt the innocent and unfaln Souls of men, and the good Genii before) that he ſhould now ſweep the duſt with his belly, being caſt lower towards the ſurface of the Earth.

And that there ſhould be a general enmi­ty betwixt this old Serpent, as alſo all of his fellow Rebels, and betwixt mankind; and that in progreſs of time, the ever faithfull and obedient ſoul of the Meſſias ſhould take a body, and ſhould trample over the power of the devel, very notoriouſly here upon Earth: and after his death, ſhould give Rule and Superſede all mankind; being now conſtituted the Supreme and Principal Attorny, Counſellour and Prince of all the Angelical orders what ever in Heaven: And concerning Adam, the Eternal Lord God de­creed that he ſhould indeed be removed down to the Earth, and that he ſhould not there indulge to himſelf the pleaſures of the body, without the Concomitants of Pain and Sor­row; and that his Faeminine part, his Affecti­ons, ſhould be under the chaſtiſement of the Law of his Reaſon. That he ſhould have a weariſom and toylſom Labour an Travel in this World; the Earth bringing forth thornes and thiſtles, though he muſt ſubſiſt by the corn of the field; wherefore in the ſweat of his brows, he ſhould eat his bread, till he retured unto the ground, of which his terre­ſtrial body is made. This was the Counſel of God concerning Adam and the Serpent. Now as I was telling you, Adam though he was ſinking apace into thſe lower fun­ctions of life, yet his mind was not grown ſo fully ſtupid, but he had the knowledg of his own condition, and added to all his for­mer Apologies, that the Faeminine part in him though it had ſeduced him, yet there was ſome uſe of this Miſcariage; For the Earth would hence be inhabited by intelle­ctual Animals; wherefore he called the life of his vehicle Eve; becauſe ſhe is indeed the Mother of the generations of men that live upon the Earth.

And at laſt the Plaſtick power being fully awakened, Adams ſoul was caſt into the Pri­ſon of the prepared matter of the Earth; and in due proceſs of time, Adam appear'd cloath'd in the skin of Beaſts; That is, he became a down right Terreſtrial Animal, and a mortal creature upon Earth. For the eter­nal God had ſo decreed; and his Wiſdom, Mercy and Juſtice did, but if I may ſo ſpeak, play and ſport together in the buſineſs; and the rather becauſe Adam had but precipi­tated himſelf into that condition, which in due time might have fallen to his ſhare by courſe; for it is fitting there ſhould be ſome ſuch head among the living creatures of the Earth as a terreſtrial Adam; but to live al­wayes here, were his diſavantage. Where­fore when God by Habeas Corpus, remov'd him from the higher condition, he made ſure he ſhould not be immortal; nor is he in any capacity of reaching unto the Tree of Life, without paſſing thorow his fiery Vehicle, and becomming a pure defaecate Ethereal Spirit: then he may be admitted to taſt the fruit of the tree of Life and Immortality, and ſo live for ever.

But ſome may reply, Seing that God made all things very good, as it appears in his re­view of the Creatures on the ſixth day, how could it be a ſin in Adam, to eat that which in it ſelfe was good? Verily, the ſin was not grounded in the nature of that which he did eat, but it was the infringement of the Com­mandment, in as much as he was forbidden to eat it. And this is that which St. Paul tels us, that he had not known ſin, had it not been for the Law; And again in another place, the ſtrength of ſin is the Law: but preſently upon the diſobedience of the firſt man and his tranſgreſſion of the Command­ment, the Creature was made ſubject to va­nity: for the curſe as you heard followed, and the impure ſeeds were joyned with the pure, and they reign to this hower in our bodies.

Now Chriſt hath nonſuited the Devil, and taken Judgment and Execution againſt him, and ſet man at liberty; his ſoul being now ſatisfied with nothing but God, from whom at firſt ſhe was removed; in the body, ſhe is in dirt and mire; out of the body in a trice ſhe is above the Moon.

Celſior exurgit pluviis, auditqueruentes
Sub pedibus Nimbos, & coeca Tonitrua calcat.

But this is nothing, if ſhe were once out of the body, ſhe could Act all that which ſhe imagined in a moment; in this ſtate ſhe can movere humores majores animales, make general commotions in the two Spheres of Aire and Water, and alter the complexions of times; ſpan Kingdomes in a thought, and fly up to Paradiſe in a moment.

O Sweet Jeſus, it is thy voyce, If I
Be lifted up, I'le draw all to the Skie;
Yet I am here, I am ſtifl'd in this clay,
Shut up from thee, and the freſh Eſt of day.
I know thy hand's not ſhort, but I'm unfit,
A foul unclean thing to take hold of it;
I am all dirt, nor can I hope to pleaſe,
Unleſs in Mercy thou loveſt a diſeaſe.
Diſeaſes may be cur'd, but who'l reprieve
Him that is dead? tell me my God I live;
'Tis true I live, But I ſo ſleep withal;
I canot move, ſcarce hear when thou doſt call.
Sins Lullabies charm me when I would come;
But draw me after thee and I will run:
Thou knoweſt I'm ſick, let me not feaſted be,
But keep a Diet and preſcrib'd by thee;
Should I carve for my ſelf, I ſhould exceed
To Surfeits ſoon, and by ſelf murders bleed.
I ask for ſtones and ſcorpions, but ſtill croſt,
And all for love; ſhould'ſt thou grant, I were loſt.
Dear Lord deny mee ſtill, and never ſign
y will, but when that will agrees with thine:
And when this conflict's paſt, and I appear
To anſwer what a patient I was here,
How did I weep, when thou didſt wo, repine
At my beſt ſweets, and in a childiſh whine
Refuſe thy profer'd Love! yet cry and call
For ratles of my own to play withal;
Look on thy croſs, and let thy blood come in;
When mine ſhall bluſh as guilty of my ſin.
Then ſhall I live being reſcued, in my fall
A text of mercy to thy Creatures all;
Who having ſeen the worſt of ſins in mee,
Muſt needs confeſs, the beſt of love's in thee:
Now hath the Night ſpent her black ſtage, and all
Her beauteous twinckling flames grow ſick & pale,
Her Scene of ſhades and ſilence fled, and day
Dreſt the young Eaſt in Roſes, where each ray
Falling on fables, made the Sun and Night
Kiſs in a chequer of mixt clouds and light.

'Twas my thoughts as I walked from Clif­fords Inn Garden to the Temple, &c.

〈…〉〈 in non-Latin alphabet 〉,
〈…〉〈 in non-Latin alphabet 〉.
Rid of this body, and the Aether free
I reach, henceforth Immortal I ſhall be, &c.
〈…〉〈 in non-Latin alphabet 〉. (behold Elim.
'Tis day O Cryſtial Thames, now the ſad night
Reſigns her place as Tenant to the light:
See the amazed miſts begin to flye,
And the victorious Sun hath got the skye!
How ſhall I recompence thy ſtreams that keep
Me and my ſoul awak'd when others ſleep!
I watch my ſtars, I move on with the skies,
And weary all the Planets with my eyes.
Shall I ſeek thy forgotten birth and ſee
What dayes are ſpent ſince thy Nativity;
Didſt run with Kiſon? canſt thou tell
So many years are holy Hiddikel?
Thou are not paid in this, I'le leavy more,
Such harmleſs contributions from thy ſtore,
And dreſs my ſoul by thee as thou doſt paſs,
As I would do my body by my glaſs.
When a clear running Cryſtal here I find,
Sure I will ſtrive to gain as clear a mind,
And have my ſpirits freed from droſs and light,
That no baſe puddle may alay their flight.
How I admire thy humble banks! naughts here
But the ſame ſimple veſture all the year.
I'le learn Simplicity of thee, and when
I walk the ſtreets, I will not ſtorm at men,
Nor look as if I had a mind to cry,
It is my valiant cloth of Gold; and I,
Let me not live but I'me amaz'd to ſee
What a clear Type thou art of Piety;
Why thy floods inrich thoſe ſhores that ſin
Againſt thy liberty, and keep thee in;
Thy waves nurſe this proud City, which inſlaves
And captivates thy free and ſpacious waves.
Moſt bleſſed Tutor, I will learn of thoſe,
To ſhew my charity unto my foes;
And ſtrive to do ſome good unto the Poor,
As thy ſtreames do unto the barren ſhore;
All this faire Thames, yes and more
I am for many vertues on thy ſcore;
Truſt me thy waters yet; why wilt thou ſo?
Let me but drink againe and I will go:
I ſee thy courſe anticipates my Plea,
I'le haſt to God as thou do'ſt to the Sea;
And my eyes in waters drown their beams,
The pious Imitation of thy ſtreams.
May every holy, happy, hearty Tear
Help me to runn to heaven as thou doſt there.
Donec longa dies perfecto Temporis orbe
Concrelam exemit labem, purumquereliquit
Aethereum ſenſum, atqueaurai ſimplicis ignem.

(i. e.)

Till that long day at laſt be come about
That waſteth both allth and foul deſire,
And leaves the Soul Aethereal throughout,
Bahing 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 guid; 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〈…〉〈 in non-Latin alphabet 〉, 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〈…〉〈 in non-Latin alphabet 〉ſaith Galahad, but〈…〉〈 in non-Latin alphabet 〉, or as Anthuſius quoteth the Place to Verulanus,〈…〉〈 in non-Latin alphabet 〉Teleſmati­cally conſecrated under a good Horoſcope by Aſius the Philoſopher, and preſented to the founder Trumpoigniflus〈…〉〈 in non-Latin alphabet 〉(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 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.


In Honorem viri verè eruditi Domi­ni Johannis Heydon generoſi in o­peram ſuam elaboratiſſimam, Legis Ideam.

Praeteritum tempus ſcribis, ſcribiſquefuturum;
Illuſtras radiis tempus utrumque tuis;
Praeteritum praeſens red dis, praeſenſquefuturum,
Nulla tuis oculis non patefacta latent.
Si tibi praeteritum praeſens, notumquefuturum,
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 appear,
On each ſide of us, without being there;
I might commend this Learned Work of thine
Which proves thy Pen, and Fancy all Divine.
But my dull ſtock of Learning cannot aid
Me to the Tythe of prayſes might be paid
Unto your Skil, for this your Idea;
The form and figure of all Mundane Law.
Let learned Lawyers beat the better Brains,
And fix Encomiums on you for your pains,
That may be fit ſo quaint a Subject; Let
True Poets pay their ſharper Verſes, that
Are your juſt right: That (like a General)
Your Book may march in Equipage, 'mong'ſt all
With its due State and Train; That it may ride
Whil'ſt other Law Books Lac'quey by it's ſide.
Let Cook and Littleton give place; their dayes
Have long enough continued; let the Bayes
Be given to thoſe deſerve it better: and
Let Shepherd know, That Heydon may command
The Lawyers Lawreat as his proper due
For this choyce treaſury, ſo learn'd, ſo true.
And let it not your greater-Lawyers grieve,
To Retrograde themſelves, whilſt they receive
Another into Honour; for you know,
Lord Mayors of London once a year do ſo.
John Gadbury〈…〉〈 in non-Latin alphabet 〉.

In Johannis Heydoni viri doctiſſimi I­deam Legis.

IDeam Legis monſtras, (Heidone) nec illan
Commonſtras ſolum, ſed bonus arte doces.
Tempora diſtinguis; mores critico ungue rebelles
Indicat & carpit pagina docta tua.
Sic Legis formam dum tu monſtraſquedoc eſq
Doctoris faelix nomen & omen habes;
Macte piâ virtute precor, nec deſine penſum,
Inqueannos multos te rogo vive, vale.
The Laws-Idea learned Heydon ſhows,
And (open-breſted) teacheth all he knows,
Twixt times diſtinguiſhing; and what is bad
Wiſely both ſhewes and taxeth: Thus is had
The Laws true form, plainly both ſhew'd and taught,
In teaching which, I find omitted nought:
Go on (Learn'd Sir,) and finiſh this your Task;
Live long and happily, is all I ask.
George Starkey Eirenaeus, Philoponus, Philalethes.


1. WHen GOD had made the Heavens and the Earth; the Mundus vitae, the World of Life, and Formes or〈…〉〈 in non-Latin alphabet 〉; And thus compleated his work in the Senary; comprehending the whole Creation in Six Orders of things: He ceaſed from ever creating any thing more, either in the outward Material World, or in the World of2 Life. But his Creative power retyring into himſelf, he enjoyed his own eternal Reſt, which is his immutable and indefatigable Nature, that with eaſe overſees all the whole Compaſs of Beings; and continues Eſſence, Life, and Activity to them; and the better rectifies the worſe; and all are better rectifies the worſe; and all are guided by his eternal Word and Spirit: but nothing New hath ever been Created ſince the Six Dayes Produ­ction, nor ſhall ever be hereafter.

2. Then man fell, after all was perfect, into diſobedience, by his Feminine Faculties, and the Pride of the Serpent. And being in this ſin­full Eſtate, his Firſt-born Cain killed his brother Abel, and therefore had the mark〈…〉〈 in non-Latin alphabet 〉Thau ſet in his Forehead: it was done by God, and according to his Promiſe inſtead of Death: he was enabled to walk and live ſecurely among the wildeſt of Tereſtrial Creatures:〈…〉〈 in non-Latin alphabet 〉

3〈…〉〈 in non-Latin alphabet 〉(i. e.) A ſword could not enter him, fire could not burn him, water could not drown him, the air could not blaſt him, nor any thunder or lightning could ſtrike him, &c.

3. And afterwards, Lawes were given to men to be executed, One not to oppreſs another, but to fear God, do his Statutes, and keep his Judgments.

4. And thus God forgave Cain, and ſaved his life: which I cannot account a downright Puniſhment, but indulged by the mercy of God, and neceſſary to the multiplication of Mankinde, &c. So Lawes were eſtabliſhed amongſt men before Moſes.

5. And I look upon Moſes mainly in reference to the publick Inducement,4 in which, after this a few generations, he appeared admirable, viz. As a Politician or Lawgiver. In which his skill was ſo great, that even in the Judgment of Heathen Writers he had the preheminence above all the reſt: the Roſie-Crucians place him in the head of their Infallible Axiomata: of the moſt Famous Law-givers under the name of〈…〉〈 in non-Latin alphabet 〉, if Eugenius Theodidactus be not miſtaken: or, if he be, at leaſt he bears them company that are re­puted the beſt, reſerv'd for the laſt, and moſt notable Inſtance of thoſe that en­tituled their Lawes Divine, and made themſelves ſpokemen betwixt God and the people: This Mneues is ſaid to receive his Lawes from Mercury, as Minos from Jupiter, Licurgus from Apollo, St. Chryſtopher Heydon from his〈…〉〈 in non-Latin alphabet 〉, his good Genius, As Moſes from Jao, that is Jehovah;〈…〉〈 in non-Latin alphabet 〉, But they ſpeak like meer Hyſtorians in the buſineſs that ſay5 ſo,〈…〉〈 in non-Latin alphabet 〉is the word which they boldly abuſe, to the diminution of all their Authorities promiſcuouſly: It is ſaid, they feigned they received Lawes from theſe Deities: And Ari­ſtotle adds the reaſon of it too; but like an errant Stateſman, or an incredulous Philoſopher,〈…〉〈 in non-Latin alphabet 〉; (i. e.) Whether it be (ſaies he) that they judged it an admirable and plainly Divine Project that redounded unto the Profit of a multitude, or whether they con­ceived, that hereby the people looking upon the greatneſs, and Supereminence of their Law-givers, would be more obedient to their Lawes Pretorian or Cenſorian: That ſaying in the Schools is not ſo trivial as true, Quicquid re­cipitur, recipitur admodum recipientis; Every thing is as it is taken, or at leaſt6 appears to be ſo: The tincture of our own natures ſtains the appearance of all objects.

6. But to leave Aristotle to his Ethniciſm and incredulity: As for us that ought to believe Scripture, and obey the Lawes of our Land, eſta­bliſhed in the Goſpel of Jeſus Christ, being a Preſident for all Lawes and Statutes.

7. And firſt, if we will not gainſay the authority of the Greek Text, we ſhall not only be fully perſwaded of Moſes his receiving of Laws from Gods own mouth, but have ſome hints to believe, that ſomething Analogical to it may have come to paſs in other Lawgivers,〈…〉〈 in non-Latin alphabet 〉&c. Deut. 32. When the moſt High divided the Nations, when he ſepa­rated the Sonnes of Adam, he ſet the bounds of the Nations according to the number of the Angels of God, but7 Jacob was the portion of Jehovah, that is, Jao, &c. So that it is not im­probable, but that as the great Angel of the Covenant, he whom I in my Book named The Wiſemans Crown: and in another entituled, A new Method of Roſie Crucian Phyſick call〈…〉〈 in non-Latin alphabet 〉, (i. e.) The eldeſt of Angels, the Archangel, the Word, the Beginning, the name of God, which is Jehovah: I ſay, that as he gave Lawes to his charge, ſo the titular Angels of other Nations might be Inſtructors of thoſe that they 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〈…〉〈 in non-Latin alphabet 〉tyrannical devile: But this is but a digreſſion, that which I would briefly have intimated is, how Lawes were received, and how Poli­tickly8 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 conſpicuous9 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,10 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〈…〉〈 in non-Latin alphabet 〉, (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 nothing11 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 away12 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.

1318. 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, and14 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 reſiſteth15 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.

1631. 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 Lawes17 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, incurrs10 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 good11 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: Rich20 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.

2141. 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 the14 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;15 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,24 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.

2548. Such Conſtitutions as were manifeſtly the Lawes of time, and ſprung up from emergent Occaſions then prevailing in the Kingdome: I think now it is called ſo by Carolus Magnus ſecundus, The State oft times now changed, they are reverenc'd enough, if they may conſerve their Authority within the limits of their own proper Caſes: And it were monſtrouſly prepoſterous any way to extend and apply them to Caſes omit­ed, as in Olivers time.

49. There can be no Sequel of a Sequele: but the extention muſt be arreſted within the Limits of imme­diate Caſes, otherwiſe you fall by degrees upon unreſembling Caſes, and the Subtilty of wit will be of more force than the Authority of Law.

50. In Lawes and Statutes of a compendious Stile, extention may be18 made more freely: But in thoſe Lawes which are punctual in the Enumera­tion of Caſes particular, more warily; For, as exception ſtrengthens the force of a Law, in caſes not excepted, ſo enumeration weakens it, in caſes not enumerated.

51. An explanatory Statute damms up the ſtreams of a former Statute; neither is the Extention received af­terward, in the one or the other: For there is no Superextention can be made by a Judg, where once an exten­tion hath begun to be made by a Law.

52. The Forme of words and Acts of Court doth not admit an Extention upon like Caſes; for that looſeth the nature of Formality, which departs from Cuſtome to Arbitriment; And the Introduction of Olivers Tyranical new Heavy Caſes imbaſeth the Ma­jeſty, and cloggs the purity of the late Sacred King Charles his Statutes.

1953. Extention of Law is aptly ap­plyed unto caſes Poſt nate, which were not exiſtent in Nature, when the Law was enacted: For, where the Caſe could not be expreſt, becauſe there were not ſuch extant, a Caſe omitted is accepted for a Caſe expreſt, if the reaſon be the ſame: So for extention of Lawes in Caſes amiſs, let this my Direction ſuffice: Now I ſhall ſpeak of the uſe of Examples.

53. It follows now I ſpeak of Examples from which Right is inferr'd, where Law is imperfect: As for Cuſtome, which is a kinde of Law; and for Preſidents, which by frequent Practice are grown into Cuſtome, as into a Tacite Law, I will ſpeak in due place: But now I ſpeak of Examples or Preſidents which rarely and ſpar­ſedly fall out, and are not yet grown up to the ſtrength of a Law, namely, when, and with what caution a Rule of28 Law is to be derived from them where Law is imperfect.

54. Your Preſidents muſt be de­rived from Queen Elizabeth, King James, King Charles, and his happy Son, being good and moderate: and not from the bloudy Factions, or diſſo­lute Times of the Tyrant Oliver Cromwell, and his Sons; For Examples fetched from ſuch times are a Baſtard Iſſue, and do rather corrupt than inſtruct.

55. In his late Sacred Majeſties time, the Examples are to be reputed the beſt, and moſt ſafe; for thoſe were but lately done, and no inconveniences enſued: Now, Why may it not be done again? Yet nevertheleſs recent Examples are of leſs Authority, and if perchance it ſo fall out, that a Re­formation, Modern Preſidents taſte more of their own times, than of right Reaſon.

2956. But thoſe Preſidents betwixt Chriſt his Apoſtles, and the late King Charles muſt be received with caution, and choice. For, ſince our Saviour Chriſt two hundred years, the revo­lution of an Age altered many things; ſo as, what might ſeeme ancient for time, the ſame, through perturbation and Inconformity, to the preſent Age, may be altogether new: Wherefore leaving Moſes, Joſhua, and the Elders, and the ſucceeding Prophets to the Lawes and Statutes of their times, and following the Examples of Chriſt, his Apoſtles, Biſhops, and the Judges of a middle time are beſt; or of ſuch an Age as beſt ſorts with the preſent times, which now and than the time farther off better repreſents, than the time cloſe at hand.

57. Keep your ſelves within, or rather on this ſide the limits of an Example, and by no means ſurpaſs22 thoſe bounds: For, where there is no Rule of Law, all ought to be enter­tain'd with Jealouſie: Wherefore here, as in obſcure caſes, follow that which is leaſt doubtfull.

58. Beware of Fragments, and Compounds of Examples: and view the example entire, and every parti­cular pſſage thereof: For, if it be in­equall and unreaſonable before a per­fect Comprehenſion of the whole Law, to make a Judgment upon a part, or Paragraph thereof: much more ſhould this Rule hold in Ex­amples, which, unleſs they be very ſquare and proper, are of doubtfull uſe and application.

59. In Examples, it imports very much through what hands they have paſt, and have been tranſacted: For if they have gone currant with Clarks only, and Miniſters of Juſtice, from the courſe of ſome Courts, without23 any notice taken thereof by Superiour Counſellors, or with the Maſter of Errours, by the people they are to be rejected, and little to be eſteemed of: but, if they have been ſuch preciſe Preſidents or Counſellors of Eſtate, Judges, to Principal Courts, as that it muſt needs be, that they have been ſtrengthened by theacite approba­tion, at leaſt of Judges; they carry the more reverence with them.

60. Preſidents that have been pu­bliſh'd, however leſs practiſed, which being debated, and ventilitated by Diſcourſes and diſptations have yet ſtood out unargued, are of greater Authority: but ſuch as have remained buried, as it were, in Cloſets and Ar­chives are of leſs: For Examples like Waters are moſt wholeſome in the running ſtream.

61. Examples that refer to Lawes I would not have them drawn from32 Writers of Hiſtory, but from publique Acts, and more diligent Traditions: The Hebrew word is,〈…〉〈 in non-Latin alphabet 〉Kibbel, and it is an Infelicity familiar, even with the beſt Hyſtorians, that they paſs over Lawes, and Judicial Proceedings too ſlightly: and, if perhaps they have uſed ſome Diligence therein, yet they vary much from the authentick Con­ſtitutions.

62. An Example which a contem­porary Age, or a time neareſt unto it hath repealed, ſhould not eaſily be taken up again, though the like Caſe ſhould afterwards enſue: nor makes it ſo much for an Example, that upon Experience they have now relinquiſh'd it.

63. Examples are admitted into Councils, but do in like manner preſcribe or command: Therefore I adviſe you to let them bee ſo mode­rated, that the Authority of the time33 paſt, may be bowed and plied to the practice of the time preſent; and thus much concerning Advice, and Dire­ction, from Preſidents; where Law is imperfect: it followes next, that I ſpeak of Courts Pretorian and Ceufori­an: Courts of equity, and of penalty, as I practiſed of Cliffords Inn, where I was ſometime a Clerk.

64. I adviſe you let there be Courts and Juriſdictions, which may define ac­cording to the Arbitrement of ſome good man, and according to ſound Judgment for the Law, (as is obſerv'd before) cannot provide for all caſes, but is fitted to ſuch occurrences as commonly fall out; and time (as was ſaid by the Ancients) is a moſt wiſe thing, and daily the Author and Inventor of new caſes.

65. New caſes fall out both in mat­ters Criminal, which have need of pe­nalty, and in matters Civil, which34 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 reme­dy35 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 ſentence36 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 were37 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 mit­tigating36 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.

3777. 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:40 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 this41 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 the40 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 which prohidite and reſtrein future caſes neceſſarily connext with matters paſt: As for example, If a Law ſhould interdict ſome kid 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, although41 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,

4484. 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 is45 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.

4587. 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:46 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 Aſſemblies48 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 Heydon49 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.50 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 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 Ancient51 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 other­wiſe52 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 oVerboſity 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 in53 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 do54 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,55 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,56 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,57 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.

58106. The perſons which ſhould col­lect theſe Judgments,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 Au­thorty 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;59 beſides theſe, either let there he no othere Authenticks at all, or ſpa­ringly entertain'd.

109. Nothing ſo much imports certainty of Laws (of which I now diſcourſe) as that Authentick writings, be confined within moderate bounds; and that the exceſſive multitude of Authors and Doctors of the Laws, whereby the mind and ſentence of Laws are diſtracted, the Judg con­founded; proceedings are made im­mortal, and the Advocate himſelf deſpairing to read over and conquer ſo many Books, betakes himſelf to Abridgmen's be diſcarded: It may be ſome good Gloſs, and ſome few of Claſſick writers, or rather ſome ſmall parcels of few writers, may be recei­ved for Authenticks, yet of the reſt ſome uſe may be made in Libraries, where Judges are Advocates, may as occaſion is offered, read their diſcourſe; but in caſes to be pleaded at the Barr, let them not be permitted to be60 brought, & alledged in the Court nor growp into Authority.

110 I adviſe you next, that you do not let the knowledg and practiſe of the Law be deſtituted, but rather be well provided with Auxiliary Books; they are in general ſix ſorts, Inſtitutes, of the ſignification of words; of the Rules of Law; Ancient Records Abridgments of Formes of Pleadings.

111. Young Students, and Clerks, are to be entered by Inſtitutes, that they may the more profoundly and orderly draw and take in the knowledg and difficulties of the Laws; compoſe theſe Inſtitutes after a clear and per­ſpicuous manner; In theſe Elementary Books run over the whole private Law, not paſſing by ſome Titles, and dwelling to long upon others, but briefly touching ſomething in all; that ſo coming to read through the whole body of Laws nothing may be preſented altogether ſtrange, but what hath bin taſted, and preconceived by61 ſlight notion, touch not the publick Laws in Inſtitutes, but let that be deduced from the Judges of them­ſelves.

112. I adviſe you to compile a Commentary upon the Termes of Law, be not too curious and tedious in the explication thereof; and of ren­dring their ſenſe for the ſcope here, is not exactly to ſeek out the definition of words, but ſuch explications only, as may clear the paſſage to the reading of the Books of Law; digeſt not this Treatiſe by the Letters of the Alpha­bet; leave that to ſome Index: Or amend that Book already extant called The Termes of the Law: And let ſuch words as import the ſame thing be ſor­ted, together, that in the comprehen­ſion of the ſenſe, one may Admini­ſter help unto the other.

113. A ſound and well lured Treatiſe of divers Rules ofon­duceth (if any thing doth) cer­tainty of Laws, a work worthy the62 Pen of the greateſt Witts, and wifeſt Juriſts, nor do I approve of what is extant in this kind. And not only noted, and common Rules are to be collected, but alſo othesr more ſubtil, and abſtrue, which may be abſtra­cted out of the Harmony of Laws, and Judged Caſes, ſuch as are ſometimes found in the beſt Rubricks; & theſe are the general Dictates of Reaſon, and the Primum Mobile as it were of Law.

114. But all Decrees and Placits of Law, muſt not be taken for Rules, as is wont abſurdly enough: For if this ſhould be admitted, then ſo many Laws, ſo many Rules, for a Laws nothing elſe but a Commanding Rule; But accept thoſe for Rules, which cleave to the very form of Juſtice, from whence for moſt part, the ſame Rules are commonly found through the〈◊〉Laws of different States, un­leſs〈◊〉they vary for the Reffe­ren〈◊〉formes of publick Gover­ment.

63115. After you have delivered in a brief & ſubſtantial comprehenſion of〈◊〉, let ther be, for explication ant­ples, & moſt clear & lucudent deciſions of caſes, diſtinctions & exceptions for li­mitations; points concurrent in ſenſe for Amplification, of the ſame Rule.

116. It is well given in precepts, that a Law ſhould not be drawn from Rules from the Law in force, neither is a proof to be taken from the words of a Rule; as it were a Text of Law: for a Rule (as the Mariners Needle doth the Poles) Indicates only, not determines Law.

117. Beſides the Idea of Law, it will avail alſo, to ſurveigh the Anti­quities or Ancient Records of Laws, whoſe Authority although it be va­niſht; yet their reverence remaines ſtill; And let the writings and Judg­ments concerning Laws be received for the Antiquities of Laws, which in time preceded the body of Laws, whether they were publiſht or not; for64 muſt not be loſt therefore; out of theſe Records ſelect what ever is moſt uſefull (for there will be found much vain and frivolous matter in them) And collect them into one volume, leſt old Fables, (as the Learned Bux­tcals them) be mixt with the Laws themſelves.

118. 〈…〉〈 in non-Latin alphabet 〉, be­cauſe the foundation of this Treatiſe, lies in the Spirit of the Bible, thus collected as you ſee, and it much im­ports the practick part of Laws, that the whole Law be digeſted into places and Titles, whereto a man may have (as occaſion ſhall be given) a ſuddain recourſe, as to a furniſht promptuary for preſent practiſe, theſe Books of Abridgments, both reduce into order what was diſperſed, and abreviate what was diſuſed and Prolix in Law, but caution muſt be taken that thoſe Breviaries make not men prompt for the practick part, and ſlothfull for the knowledg it ſelf: For their proper uſe and office is this, that by them the65 Law may be tilled, over again, and not throughly Learned; and theſe Summaries muſt by all means be col­lected with great diligence faith and Judgment, leaſt they commit Fellony againſt the Law.

119. 〈…〉〈 in non-Latin alphabet 〉(i. e.) The Secret of the Lord is for them that fear him, and his Com­mandement is to make them know it. Thus you ſee the Miſteries of God and Jeſus Chriſt lies not bare to falſe and adulterate eyes in the Laws of the Old and New Teſtament, but are hid and wrapped up in decent coverings from the ſight of vulgar and carnal men.

120. You Lawyers that are Ser­vants of God, and Secretaries of Na­ture, make a collection of divers Formes of Pleading in every kind, for this conduceth much to the practick part: and certainly theſe Formes do diſcover the Oracles and ſecret miſte­ries of Laws; but in Formes of plea­ding,66 they are better and more large­ly diſplayed like the fiſt to the palm.

121. Some courſe you muſt take for the cutting off, and ſaisfying particular doubts which emerge from time to time; for it is a hard caſe that they which deſire to ſecure themſelves from error, ſhould find no guid to the way, but that preſent buſineſſes ſhould be hazarded; and there ſhould be no means to know the Law before the matter be diſpatcht.

122. That the reſolution of the wiſe, given to Clients touching point of Law, whether by Advo­cates or Profeſſors, ſhould be of ſuch Authority, that it may not be Law­full for the Judg to depart from their opinion, I cannot approve, let Law be derived from ſworn Judges.

123. To feel and ſound Judgments by fained Caſes and Perſons, that by this means, men might find out what the courſe and proceeding of Law will be, I approve not, for it diſhonou­reth67 the Majeſty of Laws, and is to be accounted a kind of prevarications odouble dealing: and it is a fowl ſight to ſee places of Judicature to borrow any thing from the Stage.

124. Wherefore let as well the Decrees, as the Anſwers and Counſels proceed from the Judges alone; thoſe of Suits depending; theſe of difficult points of law, in the general, require not theſe deciſions whether in cauſes private or publick, from the Judges themſelves (for this were to make the Judg an Advocate) but of the King, or of the State: From theſe let the order be directed unto the Judges: And let the Judges thus Authorized hear the reaſons on both ſides, both of the Advocates or of the Committees de­puted by the parties to whom the mat­ter appertaineth; or of them aſſigned by the Judges themſelves if neceſſity ſo require; and weighing the Cauſe, let them deliver the Law upon the Caſe and declare it, let theſe verdicts68 and Counſels, be recorded and notifi­ed amongſt Caſes adjudged, and be of equal Authority.

125. Next in order let your Le­ctures of Law, and the exerciſe of thoſe that addreſs themſelves to the Studies of Law, be ſo inſtituted and ordered, that all may tend rather to the laying aſleep, than the awaking of Queſtions and Controverſies in Law For (as the matter is now carried) a School is ſet up, and open amongſt all, to the multiplying of Alterations and Queſtions in Law: as if their aime was only to make oſtentation of wit; and this is an old deſeaſe, for even amongſt the Ancients, it was, as it were, a glory, by Sects and Factions to cheriſh rather than extinguiſh many Queſtions concerning Law. Provide againſt this inconvenience.

126. Judgments become incertain either through immature and too pre­cipitate preceedings to ſentence; or through Emulation of Courts; or69 through ill and unskilful regiſtring of Judgments; or becauſe there is a too eaſie and expedite way open of rever­ſing and reſcinding them, wherefore it muſt be provided that Judgments Iſſue forth not without a ſtaid deliberation had aforehand, and that Courts bare a reverent reſpect to one another, and that Decrees be drawn up faithfully and wiſely; and that the way to re­peal Judgments be narrow, rocky and ſtrewed as it were with ſharp ſtones.

127. If a Iudgment hath been awar­ded upon a caſe in a principal Court, and the like caſe intervene in another Court, proceed not to ſentence before the matter be adviſed upon in ſome ſolemn Aſſembly of Judges: for if Judgments awarded muſt needs be re­peal'd, yet let them be interred with Honour.

128. For Courts to be at debate70 and variance about Juriſdictions is a humane frailty; and the more becauſe this intemperance, through a miſ­priſion and vain conceit (that it is part of a ſtout reſolute Judg, to enlarge the priviledges of the Court,) is openly countenanced and ſpurred on, whereas it hath need of the bridle: but that out of this heat of ſtomack Courts ſhould ſo eaſily reverſe on both ſides Judg­ments awarded, which nothing pertain to Juriſdiction, is an inſufferable evil, which by all means ſhould be repreſſ'd and puniſht by Kings or Counſels of State, or the form of Government, for it is a preſident of the worſt Example, that Courts, that ſhould diſtribute peace, ſhould themſelves practice Duels.

129. Let there not be too eaſie and free paſſage made to the repealing of Judgments by appellations, and writs of Errors or re-examination, &c. It is maintained, by a Judg in the Com­mon71 Pleas, that a Suit may be brought into a higher Court, as entire & untried, the Judgment paſt upon it ſet aſide but the execution thereof may be ſtaid; in the Kings Bench is of opinion that the Judgment it may ſtand in force, but the execution thereof may be ſtaid; neither of theſe is to be allowed, unleſs the Courts wherein the Judgment was awarded were of a baſe and inferiour Order, but rather that both the Judg­ment ſtand, and the execution there­of go on, ſo a Caveat be put in by the Defendant for damages and charges if the Judgnent ſhould be reverſt.

130. Now all they which have written of Laws hitherto; have hand­led many things goodly for diſcourſe but remote from uſe; that I ave writ­ten is received from the beſt preſidentsn the world, and is what humane ſo­ciety is capable of, what maketh for the Weale publiek, what natural E­quity is, what the Law of Nations,72 And how Moſes received them from〈…〉〈 in non-Latin alphabet 〉(i. e.) The all enlightning receſs of Souls, how the law Chriſt commanded was love one ano­ther, & to do to all men, as they would be don unto, before his glorious Reſur­rection & Aſcention into heaven where he ſitteth at the right hand of God:〈…〉〈 in non-Latin alphabet 〉(i. e.) And thus ſhall he come again to Judgment, as he was ſeen to go up anſwerable to what he himſelf ſaid, as the Lightning commeth out of the Eaſt and ſhineth unto the weſt ſo ſhall alſo the coming of the Son of man be &c. therfore let us ſerve God, whoſe Divine Majeſty I humbly implore through his Son, and our Saviour, that he would vouch­ſafe gratiouſly to direct and accept73 theſe and ſuch like Sacrifices of humne underſtanding, ſeaſoned with Religion as with ſalt, and incenſed to his glory.

In Natures Law, tis a plain caſe to die,
No cunning Lawyer can demur on that;
For cruel death and fatal deſtiny,
Serve all men with a final Latatat.


BEING A Defence for the Idea of