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
unto them even for conscience sake and for the Lords sake and to make prayers supplications and intercession for them that under them we may lead a peaceable and quiet life in all godliness and honesty for this is good and acceptable in the sight of God our Saviour not to despose or shead their blood for which their is no precept nor president in the Gospel but only of the bloody Jews who with wicked hands crucified Jesus Christ the King of the Jews by birth-right and Lord of glory whom they rejected and disclaimed for their King before they crucified him which brought speedy and exemplary desolation upon their whole Nation ever since till now And is not this plain way of God the safest for you and the Army and Cromwels bloody Saints and Jesuites to follow yea the short cut to peace and settlement ruminate upon it and then be wise and bring the Kingdomes also c. Thus from my heart I wish England may Flourish in the Protestant Religion in peace and plenty under the Government of the King and Parliament The Major Aldermen Merchants Tradesmen and Common people in general will never bee happy until King Charles be Crowned King of England and if you erect a figure of Astrology and project a figure of Geomancy in a Telesme you shall find five Angels of God Commissionated to fight for the King against those that oppose him and these are their names Michael Gabriel Phebus Hamaliel Muriel and these command two Genij Teriel and Elim to preserve him against one enemy and his two servants Pallas and Barchiel but the Genij keep him in the Protestant Religion against all Sects in Charity and Prayer Now it is a vaine thing to fight against God turn him a Papist or an Anabaptist c. and these Angels will forsake him and he shall lose his life or all that belong to his happiness in this world c. He that desires to know more of what shall come to pass in England Scotland France and Ireland Spaine Italy Sweden Poland c. let him read my Book of Geomancy entituled by the Rosie Crucians The Temple of wisdome and he shall find what he desires and the Spirits that signifie these things and what strange things will happen in London before 1665. God bless the City from destruction the Devill is willing to make war between the King and Parliament that Popery may be built upon their ruine I desire mercy and truth may meet together Righteousness and peace kiss each other then will England be happy From my house in Spittle-feilds next dore to the red Lion on the east side London near Bishopgate this 27. of April 1660. John Heydon On the Idea of the Law retrived by his Ingenious Friend Mr. Jo. Heydon APélles view'd the Beauties of all Greece That he by them might limb a curious piece Resembling Venus Heydon surely saw As many wits to Ideize the Law In its perfection so sublime a tract As this appeares may legally exact A subsidie of praises to usher't forth By vertue of its own inherent worth Great volumes are but the periphrasis Of what you have epitomiz'd in this Plato's Licurgus Laws et Cetera Are summ'd up by you in this Algebra On this your Specilagium when I look Each Paragraph presents me with a Book And with an Idea thâ— nâ—r was known To any age or person but this one The Macrocosm may be by this Law freed From the Convultions Tyranny did breed Platonick Laws shall be no more Divine Reputed since we have these Laws of thine Tho. Fige 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Monsieur Monsieur Jean Heydonsur son admirable Idee des toâ—h emciennes et modernes LE grand flam beau du mond á toute sorte Des animaux par ses caions confoote Et toy moncher Heydon par ton espoit Ecllairs nostr ' ignoranle ton esloist Par la recherche de ta belle Industrie A tracé les tenebras et gueri Nostr ' avengless les choses plus chachcés Rendant tóut claires et tóut Illumintés Advance donc toutjours par ton geâ—a á sutmonter les assauts de l'annie LUIS FROISAND Eque Al molto Illustre amico mio honoratissimo Il Sigr Giovanni Heydon soprá l'opera sua accuratissima l' Idea delle Leggi IL Cielo e terra e tuâ—t ' i suoi se ereti Al tuo cercar ' non resteranno cheti Volgi e vivolgi tutto e non si trova Cosa ch' à tu ' Ingegno sia nova L' antico é novo à te e non v ' è cosa Nova à tiche paja tenebrosa E poiche tuito à tua vista appare Noll ' sdegniál Cieco se colo mostrare Castruccio Castracani Cavilero THE PROAEMIUM THE Idea of the Law you have read being the only way to establish a good Government and to Crown the Peoples desires with the King and happiness And this may be so strange and unexpected That the Defence it self which should cure and cease your amazement may not occasion in any passage thereof any further scruple or offence And this following shall strengthen the foregoing discourse And for my own part I cannot presage what may be in any shew of reason alledged by any man against me c. unless it be The Form of Government I would have and the King enthroned The Liberty welfare and prosperity of the people c. The Common Prayer c. In a word Episcopacie will warrant the easie and familiar sense that I shall set upon The Idea of the Law in the literal meaning thereof unto which if I advise reasons from the pious prudence of the holy Law-giver shewing how every passage makes for greater Faith in God and more affectionate obedience to his Law there will be nothing wanting I think though I shall sometimes cast in some notable advantages also from Critical Learning that may gain belief to the truth of the Kings Form of Government c. To prevent any further trouble in making good the sense I have put upon Monarchy being the best Form of Government in the world for the advantage of the people I shall here at once set down the Tyranny of the Times in one example of the Errors of the Laws of Oliver Cromwell and his fellows How much like the Popes their Laws and Statutes were The late King Charles his Law shewed the difference between true and false just and unjust honest and dishonest But the Pope and the Emperour boast that they have the Laws laid up in the chest of their breast to whom Will alone serveth for Law with the Arbitrement whereof they presume to judge and rule all Sciences Arts Scriptures Opinions and the works of men whatsoever they be For this cause Leo the Pope straightly commandeth all Christian people That no man in the Church should presume to judge any thing nor any man to justifie nor to discuss any matter but by the authority
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