of the holy Councils Canons and Decretals whose head is the Pope and also that you cannot use the determination of the best learned men of all the holyest Divines but so far forth as the Pope doth permit and shall authorize by his Canons And in another place the Canon doth forbid that no other Volume or Book by the Divines yea throughout the whole world saith he but the same which is allowed throughout the Romish Church by the Canons of the Pope The like Laws the Emperour pretended to have in Philosophie Physick and other Sciences granting no authority to any knowledge but so much as is given them by the skilfulness of the Law whereunto as he saith if all Sciences and Arts that are be compared they are all vile and unprofitable For this cause Vlpian saith the Law is King of all things both Humane and Divine whose vertue is as Oramasus saith to command to grant to punish to forbid then which dignities there is found no Office more great and Pomponius in the Laws defineth that it is the gift and invention of God and the determination of all wise men because these antient Law-makers to the end they might purchase authority by their decrees among the ignorant people they made semblance that they did as they were taught by the Gods As you may read in my Preface of this Book Behold now you perceive how the Popes Law presumeth to bear sway over all things and exerciseth Tyranny like O. Cromwell and his fellows and how by woful experience you see it preferreth it self before all other Disciplines as it were the first begotten of the Gods doth despise them as vile although it be altogether made of nothing else but of frail and very weak inventions and opinions of Vserpers Rebels and Traytors which in the fear of God do Rob and Murther even their King which things be of all others the weakest and will be altered very suddenly by Charles his son The beginning of the sin of our first Parents when they were arrested and carryed into flesh was the cause of all our miseries Now the Law of the Pope O. Cromwell and his fellows proceeded from Tyrannie and cruel usurpation whose notable Decrees are these It is lawful to resist force with force he that breaketh promise with thee break thou promise with him it is no deceit to deceive him that deceiveth a guileful person is not bound to a guileful person in any thing blame with blame may be requited Malefactors ought to rejoyce if justice nor faithfulness Injury is not done to him that is willing It is lawful for them that traffique to deceive one another The thing is so much worthy as it may be sold for It is lawful for a man to provide for himself with the loss of another No man is bound to an impossible thing when it must needs be that you or I be confounded I should choose rather that you be confounded then I and many such things which afterwards were written among the Roman Laws and now lately practised since King Charles the First was murthered Finally there is a Law that no man should die for thirst for hunger for cold or in Prison for debt nor be put in Prison by his Creditor without six pence a day and a penny loaf of bread and two quarts of Ale every morning at eight of the clock And if any be put in Prison upon the Kings account or at the Kings suit he ought to be allowed two shillings six pence a day and two bottles of Wine and the like Law ought to be given by all Governours of Countries and duly paid every Saturday at five of the clock at night And no man is bound to hurt himself by watching and labour Afterwards the cruel Law of Nations arose from whence war murder bondage were derived and Dominions separated after this came the Civil or Popular Laws from whence have grown so many debates among men that as the Laws do witness there have been made more businesses then there be names of things For whereas men were prone and enclined to discord the publishing of Justice which was to be observed by means of the Laws was a necessary thing to the end that the boldness of lewd men might in such wise be bridled and among the wicked innocency might be safe and the honest might live quietly among the dishonest And these be the same so notable beginnings of the Law wherein there have been innumerable Law-givers of which Moses was the first c. The Civil Law is nothing else but that which men will do with a common consent the authority of which is only in the King and the People For without a King this is all void and of none effect for this cause Pheroneus saith that the Laws bind us for no other cause but that they have been approved by the judgement of the King and People wherefore if any thing please the People and the King this then standeth in force both by Custom and Ordinances of Law although there appear Error for common Error maketh Law and the Matter judgeth Truth which Ulpian a Tyrant and a Lawyer in times past hath taught us in these words viz. that he ought to be taken for a Free-man of whom sentence hath been given although in effect he be a Libertine that is to say a bond man made Free because the matter judged is taken for Truth Mr. Jeremy Heydon saith That one Sedâ— Mahomet Bookâ— a Barbarian who ran away from his Master demanded at Rome the Pretorship the which he administred and at length was known it was judged that none of those things should be altered which he being a servant did in the covering of so great a dignity the same man after returned to Sally where he was Consul And in Sidmouth in Devonshire a Gentleman is so much esteemed for his royal heart to the King and knowledge in matters of Justice that many would that men should argue with his words Seluhanus and Paulus the best learned among the Romans say For the use of the Pope if a Cistern of silver be reckoned among silver that it is understood silver and not houshold-stuff because error maketh their Law the same he openly confesseth of the Laws and Decrees of the Senate that a reason cannot be given of all things which have been ordained by our Elders Hereof then you know that all the knowledge of the Civil Law dependeth upon the only opinion and will of the King and People without any other reason urging enforcing to be so then either the honesty of manners or commodity of living or the authority of the King or the force of Arms which if it be the Preserveress of gooâ—men and the Revengeress of wicked men it is a good Discipline It is also a most wicked thing for the naughtiness which is done when the Magistrate or the King neglecteth it suffereth it or alloweth it But that more is the opinion of Demonartes
was that all Laws were unprofitable and superfluous as they which were not made neither for good nor ill men forasmuch as they have no need of Laws and these be made never the better for them Furthermore Sinensis confesseth that unless any Law can be made which to all men may be profitable in that which very often it doth happen that Equity fighteth with the rigor of the Law Maimâ—n also defining equity calleth it the Correction of a righteous Law in which point he faileth because it is made generally Is it not then sufficiently declared by this alone that all the force of the Law and Justice doth not so much depend upon the Laws as upon the honesty and equity of the Judge Another error proceeds from the Civil law to the Canon Law or the Popes Law which to O. Cromwell and his Fellows the Fanatique Parliamentiers appeared most Holy so wittily it doth shadow the Precepts of Covetousness and manners of robbing under the color of Godliness albeit there be very few things ordained appertaining to Godliness to Religion to the worshipping of God and the solemnity of the Sacraments I will not speak of some which are contrary and repugnant to the Law of God I accuse not D. Owen Vice-Chancellor of Oxford he knows them all the residue are nothing but contentions strifes pride pomp means to gain riches and the decrees of the Popes of Rome to whom the Canons be not sufficient which were in time passed made by the holy Fathers except they continually add to them new Decrees extravagancies Declarations and Rules of Chancery so that there is no end nor measure of making Canons which alone is the ambition and desire of the Bishops of Rome that is to say to make new Canons whose arrogancy is grown so far that they have commanded the Genii and Angels in Heaven and have presumed to rob and bring their booty out of Hell and to put in their hands among the spirits of the dead and on the Law of God also they have sometimes exercised their Tyrannie interpreting declaring and disputing to the end that nothing might want or be derogated from the greatness of his power Is it not true that Pope Clement in that Leaden Bull which at this day is yet kept in Lievorno vulgarly called Legorn and at Venice and in other places in Italy in the Coffers of Priviledges commandeth the Angels of Heaven that they should bring into everlasting joys the soul of him that useth to go in pilgrimage to Rome for Indulgences and there dying being delivered out of the pains of Purgatory saying moreover We will not in any wise that he go to the pains of Hell granting also to them that be signed with the Cross that at their Prayers they may take three or four souls out of Purgatory which they list which erroneous and intolerable Tymerity I will not say Heresie the Schools of London in the Kings time openly detested and abhorred But the Fanatick Parliament intended very shortly if Kings Charles the Second do not come the sooner to interrupt the Hyperbolical zeal of Clement with some Anabaptistical godly shaking Invention that the thing may rather flourish then perish seeing that for their affirming or denying nothing is altered in the deed and authority of the Pope whose Canons and Decrees have in such sort bound all Episcopacy and Presbyterie c. in a cord for Damnation because they detest the Popes Canons and after this example they fear their own Clergy so that none of all their Divines or Jesuites be he never so contantious dareth to determine no not imagine or dispute any thing contrary to the Popes Canons without protestation and leave Furthermore we have learned out of these Canons and Decrees that the Patrimony of Christ his Kingdoms Castles Donations Foundations Riches and Possessions and that Empire and Rule belongeth to the Bishops and Priests of Christ and to the Prelates of the Church and the Jurisdiction and Temporal Power is the Sword of Christ And that the Person of the Pope is the Rock being the foundation of the Church that the Bishops are not only the Ministers of the the Church but also Heads of the Church and that Evangelical Doctrine the fervency of Faith the contempt of the world are not only the goods of the Church but Revenues tenths Offerings collections Purples Mitres Gold Silver Pearl Possessions and Money and that the authority of the Pope is to make war to break truce to break oaths and to assoyl from obedience and of the House of Prayer to make a den of Theeves and so the Pope can depose a Bishop without cause and Oliver Cromwell could cut off Doctor John Huit his head by the same rule The Pope can give that which is another mans Cromwell and the Fanatique Parliament after the same president sold the Kings Lands and the Church Lands that he can commit Symony that he can dispense against his vow against his Oath against the Law of Nature And did not Cromwell and his Fellows do so too and none may say unto him Why dost thou this And also he can as they say for some grievous cause dispense against all the New Testament and to draw not only a third part but also the souls of the faithful into Hell That the duty of Bishops is not now as it was in time past to preach the Word of God with Crosses to Confirm children to give Orders to Dedicate Churches to Baptize Bells to hallow Altars and Challices to Consecrate and bless Vestments and Images and Geomantical Telesmes which esteem their wits more meet for higher matters and leaving the charge to certain Bishops which have nothing else but the Title go in Embassage to Kings they be Presidents of their Oratories or attend upon Queens excused for a sufficient great and weighty cause not to serve God in Churches so that they royally honour the King in the Court Hereof these Cautles took their beginnings by means whereof at this day without Simony Bishopricks Benifices be bought sold and moreover what Fairs and Markets soever be in Pardons Grants Indulgences Dispensations such like maner of robberies by whom also there is a price set in the free remission of sins given by God there is found a Mean to gain by the punishments of Hell Furthermore that false Donation of Constantine proceeds from this Law albeit in effect and with the Testimony of Gods Word Caesar cannot leave his charge neither the Parson of the Clergy ought to usurp the things that belong to Caesar but of infinite Laws of Ambition of Pride and of Tyrannie These are Errors crept in with Cromwell amongst the Laws of England He that will diligently examine the Laws and Statutes of Rome shall find how much the Fat Faâ—atique Parliament hath borrowed of them and corrupted our Laws But the Idea of the Law will put all in Order The Method and Rules you read before Another Error in Laws you shall
orbe Concrelam exemit labem purumque reliquit Aethereum sensum atque aurai simplicis ignem i. e. Till that long day at last be come about That wasteth both all â—th and foul desire And leaves the Soul Aethereal throughout Baâ—hing her senses in pure liquid fire To come into the flesh amongst the natural sons of Adam those men who were best of repute for their Wisdom Learning Sincerity and of greatest Experience might set up Laws in any City or Nation Thus you see when Laws were first given Moses in a strange age was made Ruler and Captaine among the Hebrews his Laws you shall find in the following discourse Afterwards amonst the Hebrews their Law-givers were called Zephiriaus after them Zaleucus in Imitation of the Spartans and Cretians was thought to have received ancient Laws from Minos who gave severe Laws and found out suitable punishment he left rules whereby men might try their Actions so that many afterwards were frighted into good manners For before Laws were not written but the sentence and state lay in the Judges brest afterwards the Athenians received Laws from Draco and Solon upon which they proceeded in all Courts of Judicature from whom the Romans who lived after the building of the City 300 years had the Laws of the 12 Tables published by the Decemviri and those in process of time being enlarged by Romans and the Caesars became our civil Law until King Charles who lately made Christian Lawes both good and wholsom for his happy Kingdoms that then flourished in Armes and Learning during his Reign c. Other Nations also had their respective Law-givers as Egypt had Priests and Isis who were taught by Mercury and Vulcan These were Golden Laws and such as owed their Birth to Philosophers Babylon had the Caldeans Persia had Magitians i. e. Wisemen India had Brachmans Ethiopia had the Gymnosophists amongst the Bactrians was Zamolsis amongst the Corinthians was Fido amongst the Milesians was Hippodamus amongst the Carthaginians was Coranda amongst the Britains were the Druides amongst the Rosie-Crucians was Eugenius Theodidactus my good friend and his Laws to the Fraternity of the Rosie Cross are these 1. That every one of them who shall Travel must profess Medicine and cure gratis 2. That none of them notwithstanding their being of the fraternity shall be enjoyned one habit but may suit themselves to the mode of those Countries in which they reside 3. That every Brother of the Fraternity shall upon the day C make his appearance in the place of the Holy Genius or else signifie by Letters the cause of his absence 4. That every Brother shall chuse a fit person to be his successor after his decease 5. That the word R. C. shall be their Seal Character or Cognisance 6. That this Fraternity shall be concealed seven years until King Charles the second shall make void the Laws and Statutes of the Tyrant Oliver Cromwell and his brethren after three years Mercy and Truth will meet together Righteousness and Peace will kiss each other 7. And they are Sollemnly sworn each to other to keep and observe these Conditions and Articles in all which I find nothing either Prejudicial to themselves or Hurtfull and Injurious to others but that they have an excellent scope and intention which is the glory of God and the good of their Neighbour To this Fraternity you shall go in a certain Night when your Genius will appear to you like a beam of light the place will be very delightfull with Musick and pleasant with sweet smells of fresh Roses Gilliflowers and Perfumes prepare your self by prayer for Immediately you will see a Boy and a Lady or a white Hart or a Lamb Whatsoever you see of these be not afraid but follow your guidâ— it is necessary then that you Arm your self with Heroick Courage least you fear those things that will happen and so fall back you need no sword nor any other bodily weapon only call upon God for a good and holy man can offer up no greater nor more acceptable Sacrifice to God then the oblation of himself his Soul And these good Genii appear to me to be as the benign eyes of God running to fro in the world with Love and Pity beholding the innocent endeavous of honest single-hearted Men and ever ready to do them good They appear in many Forms Now when one of these hath brought you to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 many Miracles will appear but be resolute and follow your Genius and when you are among the Rosie Crucians you shall see the Day Star arise and the dawning will appear and they will give you great Treasures Medicines Tinctures and Telesmes when being used as the the Genius shall teach you these will make you young when you are old prolong Life preserve your health and make you Rich Wise and vertuous and finally alter amend and change the temper of the body and you shall perceive no disease in any part of your bodies I have seen one of these Genii like a young Scholler or Philosopher resolve Claudius Malbrank Esq 1. When old Oliver Cromwell would Dye 2. When his son Richard would lose his Honour 3. When the Parliament would be Dissolved 4. When Lambert would lose his Power 5. When the Committee of Safety and the City would fall out 6. When that Commitee would come to Nothing 7. When the Parliament would be Dissolved that should pull down the Gates of the City 8. When another Parliament and their General should fall out with London and when the Parliament and he will not agree 9. When London and King Charles will kindly embrace each other 10. When the City of London will Crown him King of England Scotland and Ireland and prevent the intended warr of France and Spain against us 11. When the King of Sweeds would lose his Power Life or Country 12. And when the King of Denmark will be Victorious over his Enemies When good to make golden Telesmes consecrated against the incursions of Enemies such a one was the Trojan Palladium no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Galahad but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as Anthusius quoteth the Place to Verulanus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Telesmatically consecrated under a good Horoscope by Asius the Philosopher and presented to the founder Trumpoigniflus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. as a Statue enabled by Art to preserve the City wherein it should be laid up in a victorious and impregnable State c. When good to go to Law when good to marry and finally it resolveth all manner of questions but if any happen to converse with Angels and be acquainted with Rosie Crucians that dayly send these Genii abroad in the world let him not Arrogate any thing to himself because of his present Power but be contented with that which his Genius shall say unto him praise God perpetually for this familiar Spirit and have a special care that it is not used for any worldly pride but imploy
it in such works which are contrary to the world use it rightly and enjoy it as he that hath it not live a temperate life and beware of all sin otherwise my friend you Genius will forsake you and you shall be deprived of happiness for know this of a truth whosoever abuseth this Genius and lives not exemplarily purely and devoutly before men he shall lose this benefit and scarce any hope will there be left ever to recover it afterwards These Genii teach and give Laws to the Servants of God for to deliver to the people These Genii command us to forgive our Enemies and regard not any that speak evil against us for what hath a good man to do with the dull approbation of the vulgar Fame like a River bears up all light things and swolne but drowns things weighty and solid I see the lowest vertues draw praise from the common people the middle vertues work in them Astonishment but of the highest vertues they have no sence or perceivance at all Regard not therefore vaine praises for praise proceeds more out of bravery then out of merit and happiness rather to vain and windy Persons then to persons substantial and solid My Genius hath had some contest with mee in the disposal of The Idea of the Law the subject being cross to the deceit of the times which is both malicious corrupt and spleenatick it was my desire to keep it within doors but the relation it bears to my former discourses and my practice hath forced it to the Press it is the last glass of my thoughts and their first reflex being not compleat I have added this to perfect their Image and simmetry hoping it will be profitable The Genius of the Law of England and of the City of London is naturally the same that King Charles hath who is called King of Scots and there is no Government that will be established with good and wholsome Laws but Monarchy who can incorporate Fire and Water The people will not be happy without the King And it is esteemed more Honour Excellency and Majesty amongst the Legitimate Nobility and Gentry of the world for a General to restore or make a King then to be a King c. My humble and hearty desire is that the Laws of England the Priviledges of Parliament the Liberty of the Subject and the property of all things may be asserted according to the first Declarations of the King and Parliament in the begining of the unfortunate Warr. That the true Protestant Religion in the best sence of the Church of England may be professed and defended all Heresies Sects and Schismes discountenanced and suppressed a lawfull succession of godly and able Ministers continued and encouraged and the two Universities Oxford and Cambridge and all Colleges in both of them may be preserved and countenanced And this is for the prosperity of the Nation I have now done Gentlemen but how much to my own prejudice I cannot tell I hope I have offended no man yet I am confident this shall not pass without noise but if I have err'd in any thing and yet I have followed the best presidents of Lawyers in the World I expose it not to the mercy of man but of God who as he is most able so also he is most willing to forgive in the day of our account And if any more zealous Pretenders to Prudence Policy and Piety shall oppose the Idea of the Law I shall expect from them these following performances 1. A plain positive Exposition of all the passages in this Book without any injury to the sence of their Authour for if they interpret them otherwise then they ought they but create Errors of their own and then overthrow them 2. To prove their Familiarity with the Genius of the Idea of the Law and Knowledge in these Divine and Natural Statutes let them give the Reader a punctual discovery of all the secrets thereof If this be more then they can do it is argument enough that they know not what they oppose and if they do not know how can they Judg or if they judge where is their Evidence to Condemn 3. Let them not mangle and discompose my Book with a scatter of observations but proceed Methodically to the censure of Appologue Book and the account at the end expounding what is obscure and discovering the very intents of my Book in promoting the practice of good Laws for the benefit of my Country that the reader may find if I write for any other end then to disabuse the Nation my positions to be false not only in their Theory but if he will assay it by his own particular experience I intreat all Ingenuous Gentlemen that they will not slight my Endeavours because of my years which are but few it is the custome of most men to measure knowledg by the Beard but look rather on the Soul an Essence of that Nature quae ad perfectionem suam curricula temporis non desiderat and that they would not conclude any thing rashly against me Thus have I Published that knowledg which God gave me Ad fructum bonae Conscientiae I have not bushell'd my Light nor buried my Talent in the ground I will now whilst the poor Communalty are Plaintiffs and Exrcise-men Defendants humbly move for the Plaintiffs and put up my Idea of the Law to the Judg and so let the Attorney and his Counsel on the other side shew cause why we may not have judgment against them the Devil being Nonsuited and my Council hath put all his enemies under his feet Sentence being given I humbly pray the Execution may be served upon the last Enemy that my Counsellor Judg Prince and King may deliver up the Kingdom to his Father For now is nothing covered that shall not be revealed and hid that shall not be known From my House in the East-side Spitle Fields next door to the Red Lion without Bishops-gate neer London April 27. 1660. JOHN HEYDON In Honorem viri verè eruditi Domini Johannis Heydon generosi in operam suam elaboratissimam Legis Ideam Praeteritum tempus scribis scribisque futurum Illustras radiis tempus utrumque tuis Praeteritum praesens red dis praesensque futurum Nulla tuis oculis non patefacta latent Si tibi praeteritum praesens notumque futurum Inter coelicolas tu quoque caelicola The past and future time thy pregnant qui◠Illustrate 'bove the reach of humane skill Future and past both present are with thee There 's nothing hid from thy perspicacie The present Future past to him 's all one Who in the heavens hath his Station Thomas Revel Arm. To the truly Ingenious his highly deserving Friend John Heydon On his Learned Work Entituled The IDEA of the LAW COuld I of our Antipodes but give A true Description Tell how Those persons live That there Inhabit Acquaint the World how all Things stated are on that side of Earth's Ball Relate the curious Customs that
might find out what the course and proceeding of Law will be I approve not for it dishonoureth the Majesty of Laws and is to be accounted a kind of prevarications oâ— double dealing and it is a fowl sight to see places of Judicature to borrow any thing from the Stage 124. Wherefore let as well the Decrees as the Answers and Counsels proceed from the Judges alone those of Suits depending these of difficult points of law in the general require not these decisions whether in causes private or publick from the Judges themselves for this were to make the Judg an Advocate but of the King or of the State From these let the order be directed unto the Judges And let the Judges thus Authorized hear the reasons on both sides both of the Advocates or of the Committees deputed by the parties to whom the matter appertaineth or of them assigned by the Judges themselves if necessity so require and weighing the Cause let them deliver the Law upon the Case and declare it let these verdicts and Counsels be recorded and notified amongst Cases adjudged and be of equal Authority 125. Next in order let your Lectures of Law and the exercise of those that address themselves to the Studies of Law be so instituted and ordered that all may tend rather to the laying asleep than the awaking of Questions and Controversies in Law For as the matter is now carried a School is set up and open amongst all to the multiplying of Alterations and Questions in Law as if their aime was only to make ostentation of wit and this is an old desease for even amongst the Ancients it was as it were a glory by Sects and Factions to cherish rather than extinguish many Questions concerning Law Provide against this inconvenience 126. Judgments become incertain either through immature and too precipitate preceedings to sentence or through Emulation of Courts or through ill and unskilful registring of Judgments or because there is a too easie and expedite way open of reversing and rescinding them wherefore it must be provided that Judgments Issue forth not without a staid deliberation had aforehand and that Courts bare a reverent respect to one another and that Decrees be drawn up faithfully and wisely and that the way to repeal Judgments be narrow rocky and strewed as it were with sharp stones 127. If a Iudgment hath been awarded upon a case in a principal Court and the like case intervene in another Court proceed not to sentence before the matter be advised upon in some solemn Assembly of Judges for if Judgments awarded must needs be repeal'd yet let them be interred with Honour 128. For Courts to be at debate and variance about Jurisdictions is a humane frailty and the more because this intemperance through a misprision and vain conceit that it is part of a stout resolute Judg to enlarge the priviledges of the Court is openly countenanced and spurred on whereas it hath need of the bridle but that out of this heat of stomack Courts should so easily reverse on both sides Judgments awarded which nothing pertain to Jurisdiction is an insufferable evil which by all means should be repress'd and punisht by Kings or Counsels of State or the form of Government for it is a president of the worst Example that Courts that should distribute peace should themselves practice Duels 129. Let there not be too easie and free passage made to the repealing of Judgments by appellations and writs of Errors or re-examination c. It is maintained by a Judg in the Common Pleas that a Suit may be brought into a higher Court as entire untried the Judgment past upon it set aside but the execution thereof may be staid in the Kings Bench is of opinion that the Judgment it may stand in force but the execution thereof may be staid neither of these is to be allowed unless the Courts wherein the Judgment was awarded were of a base and inferiour Order but rather that both the Judgment stand and the execution thereof go on so a Caveat be put in by the Defendant for damages and charges if the Judgnent should be reverst 130. Now all they which have written of Laws hitherto have handled many things goodly for discourse but remote from use that I ave written is received from the best presidents â—n the world and is what humane society is capable of what maketh for the Wea le publiek what natural Equity is what the Law of Nations And how Moses received them from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. The all enlightning recess of Souls how the law Christ commanded was love one another to do to all men as they would be don unto before his glorious Resurrection Ascention into heaven where he sitteth at the right hand of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. And thus shall he come again to Judgment as he was seen to go up answerable to what he himself said as the Lightning commeth out of the East and shineth unto the west so shall also the coming of the Son of man be c. therfore let us serve God whose Divine Majesty I humbly implore through his Son and our Saviour that he would vouchsafe gratiously to direct and accept these and such like Sacrifices of humâ—ne understanding seasoned with Religion as with salt and incensed to his glory In Natures Law t is a plain case to die No cunning Lawyer can demur on that For cruel death and fatal destiny Serve all men with a final Latatat FINIS THE IDEA OF GOVERNMENT BEING A Defence for the Idea of the Law MADE According to the Divine President in Nature Reason and Philosophy By John Heydon Gent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Prudens tenebrosa penetrat Proverbs 24. 21 22. My Son feare thou the Lord and the King and meddle not with those that are given to change for Calamity shall arise suddenly and who knoweth the ruine of them both London printed in the year 1660. To the Reader I Am confident he that measures my Fancy by my Effigies is more my fool than my fellow And the Hound that couches upon the Table some fondly concieve it a Devil but they are mistaken that Dog's call is Lilly he is white with a red Circle about his neck down his back is a list like a gold chain a spotted Bitch whose call is Beauty I couple to him and for all Games they are quick of scent and good Buck-hounds these when I walk by the Water side to behold the delightfull streames and Fishes playing willingly go with me and when I am in the Woods these are there also So well do I love Hounds that I would have them with me I now appear to the World as if I were bound to the Angels of the Day and Planets of the Hours God save the King and Christ be with us all You will wonder now where this drives for it is the fortune of deep writers to miscarry because of obscurity thus
perceive in the great and marvellous hidden Misteries of the Canons which some Popes of Rome do fructifie turning also the things which are spoken elsewhere in the holy Scripture and sometimes counterfeiting them and with these their devises likening and applying them from hence sprung those Concordance as Dr. Owen calls it of the Bible and of the Canons Moreover then this so many titles of Robberies of Clokes of Indulgences of Bulls of Confessionals of Pardons of Rescripts of Testaments of Dispensations of Priviledges of Elections of Dignities of Prebâ—nds of Houses of Holy Churches of Liberties of the place of Judgement of Judgements c. Finally the whole Canon Law is of all the most Erroneous and Deficient and that same Christian Religion at the beginning whereof Christ took away Ceremonies hath now more then ever the Jews had the weight of which being put thereto the light and sweet yoke of Christ is become much more grievous then all the rest and the Christians are enforced to live rather after the order of the Canons then after the Gospel It is a great error when the whole knowledge of both Laws is occupied about nothing but transitory frail flitting and vain things worldly affairs entercourses enmities of the Canons about the murders of men robberies thefts spoils factions conspiracies wrongs Treasons and the cases of the Censorian Courts Moreover then this Perjuries of witnesses falsifications of Notaries conclusions of Advocates corruption of Judges ambitions of Counsellors Revenues of Presidents by whom widows are oppressed Pupils undone good men exiled poor men trodden under foot innocents condemned and as J. Cleveland saith The Crows unharmed scape the Doves be vexed sore And blind men have altogether prepared for themselves and incurred those things which they have thought themselves to eschew by the means of the Laws and Canons because these Laws and Canons come not from God nor be addressed to God but are derived from the corrupt nature and wit of men and are invented for gain and covetousness To follow my Idea and Method of Law which is Monarchical and Episcopal you must next in order correct another Error in the practise of the Law which is full of deceits craftily set out with a colour of perswasion which is nothing else but to know how to intreat the Judge gently with perswasion and to know how to use the Laws of their fantasie or else inventing new cases and strange Pleas to make and unmake all Laws according to their pleasure or to avoid them with all manner of subtle slights or to prolong deceitful controversie to alledge the Laws in such wise that the Praetorian Court is turned into falsehood to entangle the Authority of the Atturneys in such sort that the meaning of the Law-maker is subverted to cry out with a lowd voice to be shameless presumptuous and clamorous and obstinate in pleading and declaring and he is accounted the best Practitioner which allureth most to variance and putteth them in hope to overcome perswadeth them to go to Law and incenseth them with wicked counsels which seeketh for appeals which is a notable Barrator and Author of variance which with the babling and force of his tongue can prate of every thing and also can make one case better then another with conveyances of Judgements and by this means to make true and righteous things appear doubtful and naught and with their arms to banish destroy and overthrow Justice That nothing may defile the Idea of the Law you must correct the blots and errors of the Proctors and Notaries whose injuries damages naughtiness and falsities you patiently endure forasmuch as they seem to have gotten credit licence and power to do all things through Apostolick and Imperial authority and among them they be the chiefest which know best how to trouble the place of Judgement to cause Controversies to confound causes to forge false Wills Obligations Supplications and Writs to know also excellently to deceive beguile and when it is needful to forswear and write false to dare to do all mischiefs and suffer not themselves to be overcome by any in imagining deceipts wiles crafts malitious alterations snares entrappings subtil practices incombrances controversies circumventions Scylla's and Charibdis's Furthermore no Notary can make so sure an instrument as Mr. Michael Petty terms it but that it is necessary to go to Law afresh if any adversary will go about to disanul the same For he will say either there is something left out or that there is deceit or else he will lay some other exception or demur to impugn the credit of the Bill Bond Lease Deed or Morgage or other And these be the remedies of the Law whereunto they teach contentious persons to flee these be the watches unto which William Hill Esq saith that the Law giveth succour except there be some that had rather fight then strive For he shall have so much Law as with his power he shall be able to defend wherefore the Law saith that we cannot resist them that be stronger then us The Lawyers of all Courts of Judicature interpret diversly one from another And I have a Controversie with them as sometime my Predecessor Doctor Nicholas Culpeper had with the Colledge of Physitians he desired the health of his poor Countreymen amending the Bill of the Doctors and prescribed good Medicines for poor people and being envyed it is supposed he was poysoned Now I hope to correct the Errors of the Law by the Idea and as briefly as I can I have shewed what is good and what is evil But indeed they have brought forth with most unhappy fruitfulness so many storms of Opinions and so many Annotations of most subtle Counsels and Cautles with which naughty Practises Atturneys are instructed and maintained which do so much bind their reputation with the famous memory of those Laws through everâ— Period as my beloved Friend Mr. Windsor Chumbers terms them Paragraphs as though the verity consisteth not rather in reasons then in confused testimonies drawn out of the vile multitude of very obstinate and trifling persons among whom is so much deceipt wrangling and discord that he which disagreeth not from others as I have heard an ingenuous man and no Lawyer Mr. Heydon say He that knoweth not how to gainsay other mens words with new opinions and bring all apparent things in doubt and with doubtful Expositions to apply well invented Laws to their devises is accounted little or nothing learned c. I have heard another industrious man Mr. William Hobbs the Astrological Fencer say All the knowledge of the Law is become a naughty Counsel and a deceitful not of iniquity Now I am ashamed to see how England is Governed and what strange Laws and Statutes are established to abuse the simple honest people by Fanatique Parliamentiers These hate the King and from these come those gorbellied Committee of Safety and the Grand Oliver who hurl low Secretaries into places of honor undeserved and base people into