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
False-witness thou shalt not Covet and if there be any other Commandment it is briefly comprehended in this saying namely thou shalt love thy neighbour as thy self 34. Love worketh no ill to his Neighbour therefore Love is the fulfilling of the Law 35. Rom. 13. And all other Lawes depend upon these The Politick part of all Law is this following which ought as I have prescribed to be practised according to the Basis of Moses and the Prophets and Christ and his Disciples The Method advises you how to rectifie the Errors of all Courts after this order in the Paragraphs grounded as you heard before in the Old and new Testament And these Rules you must observe 36. In all Civill Society either Law or Power prevails for there is a Power which pretends Law and some Lawes taste rather of might than right Wherefore there is a threefold Source of injustice Cunning Illaqueation under color of Law and the harshness of Law it self 37. The Force and Efficacy of private Right is this He that doth a wrong by the Fact receives Profit or Pleasure by the Example incurrs Prejudice and Peril others are not Partners with him in his Profit or Pleasure but take themselves interessed in the Example and therefore easily combine and accord together to secure themselves by Lawes lest Injuries by turns seize upon every Particular But if through the corrupt Humor of the Times and the generalty of guilt it fall out that to the greater number and the more potent Danger is rather created than avoided by such a Law Faction disanulls the Law which often comes to pass 38. Private Right is under the Protection of Publick Law For Lawes are for the People Magistrates for Lawes The Authority of Magistrates depends upon the Majesty of Kings and the forme of Policy upon Lawes Fundamental Wherefore if this Government be good sound and healthfull Lawes will be to good purpose If otherwise there will be little security in them Yet notwithstanding the end of Publique Law is not only to be a guardian to private right lest that should any way be violated or to repress Injuries but it is extended also unto Religion and Armes and Discipline and Ornaments and Wealth Finally to all things which any way conduce unto the prosperous estate of a Commonwealth 39. For the end and aim at which Lawes should level and whereto they should direct their Decrees and Sanctions is no other than this That the people may live happily This will be brought to pass if they be rightly train'd up in Piety and Religion if they be honest for moral conversation secur'd by Armes against Forraign Enemies munited by Lawes against Seditions and private wrongs Obedient to Government and Magistrates Rich and flourishing in Forces and wealth But the Instruments and Sinnes of all blessings are Lawes 40. And to this end the Lawes we receiv'd successively by Moses were first from God and then from him by Josuah and from Joshua by the 70 Elders c. But the best Lawes we received from Christ the Apostles delivered them to the Bishops c. And the end they attain you read before But many Lawes miss this mark For there is great difference and a wilde distance in the comparative value and virtue of Lawes For some Lawes are excellent some of a middle temper others altogether corrupt I will exhibite according to the measure of my Judgment some certain Lawes as it were of Lawes whereby Information may be taken what in all Lawes is well or ill received by Massora and established or by Tradition tinctur'd with the virtue or vice of the Judges and their Brethren 41. But before I descend to the Body of Lawes in particular I will briefly write the Merit and Excellency of Lawes in general A Law may be held good that is certain in the Intimation just in the Precept profitable in the Execution Agreeing with the Form of Government in the present State and begetting virtue in those that live under them 42. Certainty is so Essential to a Law as without it a Law cannot be just Si enim incertam vocem det Tuba quis se parabit ad Bellum So if the Law give an uncertain sound who shall prepare himself to obey A law must give warning before it strike And you do not read that Cain killed any after God had marked him and it is a good President That is the best Law which gives least Liberty to the Arbitrage of the Judg and that is the reason of Moses his strict charge to the people that they should not come nigh the Mountain which is that the certainty thereof effecteth 43. Incertainty of Lawes is of two sorts One where no Law is prescribed The other when a Law is difficile and Dark I must therefore first speak of Causes omitted in the Law that in these likewise there may be found some President of certainty 44. The narrow compass of man's wisdome cannot comprehend all Cases which time hath found out and therefore New Cases do often present themselves In these Cases there is applyed a threefold Remedy or Supplement either by a Proceeding upon like Cases or by the use of Examples though they be not grown up into Law or by Jurisdictions which award according to the Arbitrement of some Good Man Moses or Christ as you may read in the Old and New Testament how Controversies were decided according to sound Judgment whether in Courts Pretorian or of Equity or Courts Censorian or of Penalty 45. In new Cases your Rule of Law is to be deduced from Cases of like nature but with Caution and Judgment touching which these Rules following are to be observed Let Reason be fruitfull and Custome be barren and not breed new Cases Wherefore whatsoever is accepted against the sence and Reason of a Law or else where the Reason thereof is not apparent the same must not be drawn into Consequence 46. A singular publick Good doth necessarily introduce Cases pretermitted Wherefore when a Law doth notably and extraordinarily respect and procure the Profit and Advantage of a State Let their Interpretation be ample and extensive It is a hard case to torture Laws that they may torture men I would not therefore that Lawes penal much less capital should be extended to new Offences Yet if it be an old Crime and known to the Lawes but the Prosecution thereof falls upon a new Case not foreseen by the Lawes You must by all means depart from the Placits of Law rather than that offences pass unpunish'd 47. In those Statutes which the Common Law especially concerning Cases frequently incident and are of long continuance doth absolutely repeal I like not the Proceeding by Similitude unto New Cases For when a State hath for a long time wanted a whole Law and that in cases express'd there is no great danger if the Cases omitted expect a Remedy by a New Statute 48. Such Constitutions as were manifestly the Lawes of time and sprung up from
which prohidite and restrein future cases necessarily connext with matters past As for example If a Law should interdict some kiâ—d 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 although 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 84. 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 is 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 87. 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 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 Assemblies 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 Heydon 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. 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
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
best they would be esteemed of them but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the noble Off-spring and Progeny of Lawes blessing this womb that bare them and this breast that gave them suck 19. And now the Law of Nature would have a double portion as being Lex primo-genita the first-born of the Law of God and the beginning of its strength Now as God himself shews somewhat of his face in the glass of his creature so the beauty of this Law gives some representations of it self in those pure derivations of inferiour Laws that stream from it And as we ascend to the first and supream being by the steps of second causes so we may climb to a sight of this eternal Law by those fruitfull branches of secondary Lawes which seem to have their root in earth when as indeed it is in heaven and that I may vary a little that of the Apostle to the Romans The invisible Law of God long before the creation of the world is now cleerly seen being understood by those Laws which do appear so that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manifested in them God having shewn it to them Thus as the Lawyers say well Omnis Lex participata supponit Legem per essentiam every impresion supposes a seal from whence it came every Ray of light puts you in mind of a Sun from which it shines Wisdome and power these are the chief Ingredients into a Law Now where does Wisdome dwell but in the head of a Deity and where doth Power triumph but in the Arm of Omnipetency 20. A Law is born Ex cerebro Jovis and it is not brachium seculare but Coâ—leste that must maintain it even humane Laws have their vertue radicaliter remote as Atturney's declare from the Revolution of Law Thus Tully expresses the Descent of Laws in this golden manner Hanc video sapientissimorum fuisse sententiam Legem namque hominum ingeniis excogitatam neque scitum aliquod esse populorum sed aeternum quiddam quod universum mundumregeret imperandi prohibendique sapientia Ita Principem illam Legem ultimam mentem dicebant omnia ratione â—ut cogentis aut vetantis Dei i. e. Wise-men did ever look upon a Law not as one a spark struck from humane intellectuals not blown up or kindled with popular breath but they thought it an eternal Light shining from God himself irradiating guiding and ruling the whole Universe most sweet and powerfully seeing what wayes were to be chosen and what to be refused and the mind of God himself is the center of Lawes from which they were drawn and into which they must return 21. And Doctor Flud R. C. a Learned Philosopher by fire in his Alphesi Inventious Contemplative or in discourse seems to resolve all Law and Justice into the Primitve and eternall Law even God himselfe for thus he told me Justice doth not only say's he sit like a Queen at the right hand of Jupiter when he is upon his Throne but she is alwaies in his bosom and one with himself is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As he is the most Antient of days so also is he the most antient of Laws as he is the perfection of beings so is he also the rule of operations 22. Nor must I let slip that passage of Plato where he calls a Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Golden Scepter by which God himself Rules and Commands for as all Protestant Kings have a bright stamp of Divine Soveraignty so his Justice Kings and Lawes are annointed by God himselfe and most Precious oyl drops down uppon them to the Skirts of a Nation And the Divine and Natural Jdea of the Law had the oyle of gladnesse poured upon it above its fellowes 23. So then that there is such a primo and Supream Law is clear and unquestionable Moses is sufficient defence for that But who is worthy to unseale and open this Law and who can sufficiently display the glory of it you had need of a Moses that could ascend up into the Mount and converse with God himselfe and yet when he came down he would be faine to put a vaile upon his face and upon his expressions lest otherwise he might dazle inferiour understandings but if the Law-givers will satisfie you and you know some of them are stiled Angelical and Seraphicall you shall hear if you will what they I say to it 24. Now this Law according to them is Aeterna quaedam ratio practica totius dispositionis gubernationis universalis 'T is an eternall ordinance made in the depth of Gods Infinite wisdom for Regulating governing the whole world which yet had not its binding vertue in respect of God himself who has alwayes the full and unrestrained Liberty of his own Essence which is so infinite and that it cannot bind it self and which needs no law all goodnesse and perfection being so intrinsecall and essentiall to it but it was a binding determination in reference to the Creature which yet in respect of all Irrational beings did only fortiter inclinare but in respect of Rationals it does formaliter obligare 25. By these thirty five verses of this great and glorious Law you must understand every good Action was commanded and all evil was discountenanced and so bidden from everlasting according to this Righteous Law all rewards and punishments were distributed in the eternall thoughts of God At this command of this Law all created beings took their severall ranks and stations and put themselves in such operations as were best agreeable and conformable to their beings by this Law all essences were ordained to their ends by most happy and convenient means The life and vigour of this Law sprang from the will of God himselfe from the voluntary decree of that eternal Law-giver minding the publick welfare of beings who when there were heaps of varieties and possibilities in his own most glorious thoughts when he could have made such or such words in this or that manner in this or that time with such species that should have had more or fewer individualls as he pleased with such operations as he would allow unto them he did then select and pitch upon this way and Method in which you see things now constituted and did bind all things according to their several capacities to an exact and accurate observation of it 26. So that by this you see how those Divine Idea's in the mind of God and this Idea of the Law do differ I speak now of Idea's not in a Platonical sense but in a Lawyers or my own unless they both agree as some would have them for Jdea est possibilium lex tantùm faâ—urorum God had before him the picture of every possibility yet he did not intend to bind a possibility but only a futurity besides Ide'as they were scituated only in the understanding of God whereas a Law has force and efficacy from his will according to that much commended saying of my Kinsman Mr. Thomas Heydon
in Coelesti Angelica curia voluntas Dei lex est And then Idea doe's magis respicere Artificem it stays there where first it was but a Law does potius respicere subditum it calls for the obedience of another as Mr. Sarjeant Twisden does very well difference them 27. Neither yet is this Idea of the Law the same with the providence of God though that be an Jdea also but as Mr. Cook speaks So Lex se habet ad providentiam sicut principium generale ad particulares conclusiones or if you will sicut principia primae practicae ad prudentiam his meaning is this that providence is a more punctuall particular application of this binding rule and is not the Law it selfe but the superending power which lookes to the execution and accomplishment of it or as Judge New degate said lex dicit jus in Communi Constitutum providentia dicit curam quae de singulis actibus haberi debet Besides a Law in its strict and peculiar Notion does only reach to rationall things whereas providence does extend and spread it selfe over all But that which vexes the Lawyer most is this that they having required promulgation as a necessary condition to the existence of a Law yet they cannot very easily shew how the Idea of the Law should be publisht from everlasting But the most satisfactory account that can be given to that is this The other Law-givers being very voluble and mutable before their mind and will be fully and openly declared they may have a purpose indeed but it cannot be esteemed a Law But in God there being no variableness nor shadow of turning this his Law has a binding vertue as soone as a being Yet so as that it does not Actually and formally oblige a Creature till it be made known unto it either by a Genius familiar or some Revelation from God himself which is possible only or else by the mediation of some other Law of The Idea of the Law which is the usuall and constant way that God takes for the Promulgation of this his eternall Divine Idea of the Law for that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That sacred manu-script which is writ by the finger of God himselfe in the hears of man is a plain transcript of this Originall Law so far as it concerns mans welfare And this Genius you see doth most directly bring me to search out the Naturall Idea of the Law and this is the interpretation of thirty five paragraphs I shal in order lay down the cause of the nature of the Idea of the Law concerning its subject and interpret sixty three paragraphs and give you the Divine sense of them and you shall see the soule of the Jdea of the Law where it lies under the sense of the letter c. 28. That Law which is intrinsecall and Essentiall to a Rationall Creature is Natural and such a Law is as necessary as such a creature for such a creature as a creature hath a superior to whose providence and disposing it must be subject and then as an Intellectuall Creature it is Capable of a Morall Government so it is very suitable and connatural to it to be regulated by a Law be giuded and commanded by one that is Infinitely more wise and intelligent then it self is and that minds its welfare more then it selfe can Insomuch that the most bright and eminent Creatures even Angelicall beings and glorified souls are subject to a Law though with such an happy priviledge as that they cannot violate and transgress it whereas the very dregs of entity the most ignoble beings are most incapable of a Law for you know Inanimate beings are carried on only with the vehemency and necessity of Naturall inclinations Nay sensitive beings cannot reach or aspire to so great a perfection as to be wrought upon in such an illuminative way as a Law is they are not drawne with these cords of men with these morall engagements but in a more Impulsive manner driven and spurred on with such impetuous propensions as are founded in a matter which yet are directed by the wise and vigilant eye and by the powerfull hand of a providence to a more beautifull and amiable end then they themselves were acquainted with But yet the Lawyers Mr. Serjeant Maynard Mr. Leigh and others The Civilians Mr. John Cleaveland Doctor Oriens Heydon and others would fain enlarge the Law of Nature and would willingly perswade me that all sensitive creatures must be brought within the compass of it For this one of them tells me Jus naturale est quod natura omnia animalia docuit nam jus illud non solum humani generis est proprium sed omnium animalium quae in terra marique nascuntur avium quoque commune est Nay they are so confident of it as that they instance in several particulars Maris faeminae conjunctio Liberorum procreatio educatio conservatio plurima in tutelam propriam facta Apium respub columbarum conjugia but not the Criticks but the Rosie Crucians also do sufficiently correct our brethren the Lawyers for this their vanity for some of them mean to bring beasts birds and fishes into their Courts and to have some fees out of them Perhaps they expect also that the doves should take licences before they marry it may be they require of the Beasts some penitential or which will suffice them some pecuniary satisfaction for all their Adulteries or it may be the Pope will be so favourable as to give his fellow beasts some dispensation for their irregular and incongruous mixtures 29. But yet notwithstanding they prosecute this their notion and go on to frame this difference between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jus gentium Jus natural◠the Law of nature say they is that which is common with men to irrational creatures also but the Law of Nations is only between men but this distinction is built upon a very sandy foundation what the true difference is I will shew you hereafter Now all that can be pleaded in the behalf of the Lawyers is this that they err more in the word then in the reality They cannot sufficiently clear this Title of a Law for that there are some clear and visible stamps and impressions of nature upon sensitive beings will be easily granted them by all and those instances which they bring are so many ocular demonstrations of it but that there should a formal obligation lie upon Bruits that they should be bound to the performance of natural Commands in a legal manner that there should be a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so as that they should be left without excuse and lie under palpable guilt and be obnoxious to the punishment for the violation of it this they cannot possibly find out unless they could set up this Idea of the Law of God in sensitive creatures also whereas there is in them only some 〈◊〉
second be crowned King of England and Ireland and that Family again restored c. Hence it was that God when he gave his Law afresh gave it in such a compendious Brachygraphy he wrote as it were in Characters without any explication or amplification at all He only enjoyned it with an imperatorious brevity he knowes there was enough in the breasts of men to convince them of it and to comment upon it only in the second Command there is added an enforcement because his people were excessively prone to violation of it and in that of the Sabbath there is given an exposition of it because in all its circumstances it was not found in the natural Idea of the Law so that in Dr. Barlowes language of Oxford the Decalogue would be called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gold in the Lump whereas other Lawyers and Atturneyes use to beat it thinner And there is a sort of men termed petty Foggers that have the voice of Advocates engraffed in them which either of want of Clyents or riches incense the poor and silly men of the Countrey to go to Law and hearing their causes affirm them to be good supplying the place of Counsellours and raysing up for the value of a shilling great contentions and do make of a fiery sparkle a burning flame that destroyes many 46. But to return to the purpose of this Law as it is printed by nature Dr. Ward tels me Right reason is that fixt and unshaken Law not writ in perishing paper by the hand or pen of a Creature nor graven like a dead letter upon liveless and decaying Pillars but written with the point of a Diamond nay with the finger of God himself in the heart of a man a Deity gave it an Imprimatur And a Genius gave it in an immortal mind So as that I may borrow the expression of the Apostle the mind of man is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I take it in the very same sence as it is to be took in the Church It is a Pillar of this Truth not to support it but to hold it forth neither must I forget the saying of Mr. Thomas Heydon saith he the royal Law of Nature was never shut up in a prison nor never confined or limited to any outward surface but is was bravely scituated in the Centre of a rational Being alwayes keeping the soul company guarding it and guiding it ruling all its Subjects every obedient action with a Scepter of Gold and crushing in pieces all its enemies breaking every rebellious action with a Rod of Iron 47. The Idea of the Law which is the Queen of Angelical and humane Being doth so rule and dispose of them as to bring about Justice with a most high and powerfull and yet with a most soft and delicate hand 48. You may hear Plato excellently discoursing of it whilest he brings in a Sophister disputing against Socrates and such an one as would needs undertake to maintain this principle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That there was an untunable Antipathy between Nature and Law that Lawes were nothing but Hominum infirmiorum commenta that this was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the most bright and eminent Justice of Nature for men to rule according to power and according to no other Law that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all other Lawes were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nay he calls them cheatings and bewitchings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they come saith he like pleasant songs when as they are meer Charms and Incantations But Socrates after he had stung this same Callicles with a few quick interrogations pours out presently a great deal of honey and sweetness and plentifully shews that most pleasant and conspiring Harmony that is between Nature and Law That there 's nothing more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then a Law that Law is founded in Nature that it is for the maintaining and enobling and perfecting of Nature Nay as Plato tels me elsewhere in Philebus There is no way for men to happiness unless they follow those steps of Reason those foot-steps of Nature This same Law L. Verulam doth more then once acknowledge when he tells me a positive Law with him is a more private Law but Natures Law is a more publique and catholique Law which he proves to be a very soveraign and commanding Law for thus he saith The Law that is most filled with Reason must needs be most victorious and triumphant And thus much in defence of sixty three Paragraphs of my Idea of the Law 49. Right it is I should interpret the meaning of twenty eight paragraphs more as they appear in the Jdea of the Law Reason is a most beautifull Law a Law of pure Complexion of a Natural colour never fades never dies it encourages in obedience with a smile it chides them and frowns them out of wickednesse good men hear the least whispering of its pleasant voice they observe the least glance of its lovely eye but wicked men will not hear it though it come to them in thunder nor take the least notice of it though it should flash out in lightening None must enlarge the Philacteries of this Law nor must any dare to prune off the least branch of it Nay the Malice of man cannot totally deface so indelible a Beauty No Pope nor Protector nor King nor Parliament nor People nor Angel nor creature can absolve you from it This Law never paints its face It never changes its colour it does not put on one Aspect in London and another face at Westminster but lookes upon both Royal Cavaleirs and fanatique Roundheads with an impartiall eye it shines upon all Ages and times and conditions with a perpetual light it is yesterday and to day and for ever There is but on Law-giver one Lord and supreame judge of the same Law God blessed for ever more He was the contriver of it the Commander of it the publisher of it and none can be exempted from it unless he will be banisht from his own essence and be excommunicated from humane nature 50 This punishment would have sting enough if he should avoid a thousand more that are due to so foul a Transgression 51 Now the most high and Soveraign being even God himselfe doth not subject himself to any Law though there be some Actions also most agreeable to his Nature and others plainly inconsistent with it yet they cannot amount to such a power as to lay any Obligation uppon him which should in the least notion differ from the liberty of his own Essence 52. Thus also in the Common-wealth of humane Nature that proportion which Actions bear to reason is indeed a sufficient foundation for a Law to build upon but it is not the Law it self nor a formall obligation 53. Yet some of the Lawyers are extream bold and vain in their suppositions so bold as that I am ready to Question whether it be best to repeat them
yet thus they say 54. Si Deus non esset vel si non uteretur Ratione vel si non rectè judicaret de rebus si tamen in homine idem esset dictamen rectae rationis quod nunc est haberet etiam candem rationem Legis quam nunc habet 55. But what are the goodly spoiles that these men expect if they could break through such a croud of repugnancies standing for my Defence of The Idea of the Law And should they defeace my Jdea of the Law The whole result and product of it will prove but a meere cypher like the world for the Idea of Government is the King and he is my defence of the Idea of the Law now reason as it is now doth not bind in its own name but in the name of its supreame Lord and Soveraigne by whom Reason lives and moves and hath its being for if only a Creature should bind it selfe to the conditions of this Law it must also inflict upon it selfe such a punishment as is answerable to the violation of it but no such being would be willing or able to punish it selfe in so high a measure as such a Transgression would meritoriously require so that it must be accountable to some other Legislative power which will vindicate its owne commands and will by this meanes engage a Creature to be more mindfull of its own happinesse then otherwise it would be 55. Now there are not onely bona per se but also mala per se as the Lawyers say which I shall thus demonstrate Quod non est malum per se potuit non prohiberi for there is no reason imaginable why there should not be a possibility of not prohibiting that which is not absolutely evil which is in its owne Nature indifferent But now there are some evils so excessively evil as that they cannot but be forbidden I shall only name this one Odium Dei for a being to hate the Creator and cause of its being If it were possible for this not to be forbidden it were possible for it to be Lawful for ubi nulla Lex ibi praevaricatio where there is no Law there 's no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where there 's no Rule ther 's no Anomaly if there were no prohibition of this it would not be sin to do it But that to hate God should not be a sin doth involve a whole heape of Contradictions so that this evill is so full of evil as that it cannot but be forbidden and therefore it is an evil in order of nature before the prohibition of it besides as the Philosophers love to speak Essentiae rerum sunt immutabiles Essences neither ebbe nor flow but have in themselves a perpetuall unity and Identity And all such properties as flow and bubble up from beings are constant and unvariable but if they could be stopt in their Motion yet that state would be violent and not at all conatural to such a subject 57. So that grant only the being of Man and you cannot but grant this also that there is such a constant conveniency and Analogy which some objects have with its Essence as that it cannot but encline to them and that there is such an irreconciliable Disconvenience such an eternal Antipathy between it and other objects as that it must cease to be what it is before it can come neare them 58. This Judge Glyn termes a Naturall obligation and a Just foundation for Law but now before all this can rise up to the height and perfection of a Law there must come a command from superior powers whence from will spring a Morall obligation also and make up the formality of a Law Therefore God himselfe for the brightning of his own Glory for the better regulating of the world for the maintaining of such a choice piece of his workman-ship as man is he hath publisht his Royall Command proclaimed it by the principle of Reason which he hath planted in the being of man which doth fully convince him of the righteousnesse and goodnesse and necessity of this Law for the Materials of it and of the validity and Authority of this Law as it comes from the mind and will of his Creator Neither is it any Eclipse or diminution of the liberty of that first being to say that there is some evill so foul and ill favoured as that it cannot but be forbidden by him and that there is some good so fair and eminent as that he cannot but command it 59. For as the Lawyers plead Divina voluntas licet simpliciter libera sit ad extra ex suppositione tamen unius Actus liberi potest necessitari ad alium 60. Though the will of God be compleatly free in respect of all his looks and glances towards the Creature yet notwithstanding upon the voluntary and free precedency of one act we may justly conceive him necessitated to another by vertue of that indissoluble Connexion and concatenation between these two acts which doth in a manner knit and unite them into one 61. Thus God hath an absolute Liberty and choyce whether he will make a promise or no but if he hath made it he cannot but fulfil it Thus he is perfectly free whether he will reveale his mind or no but if he will reveal it he cannot but speak truth and manifest it as it is 62. God had the very same liberty whether he would Create a world or no but if he would Create it and keep it in its Comlinesse and proportion he must then have a vigilant and providenttiall eye over it And if he will provide for it he cannot but have a perfect and indefective providence agreeable to his owne wisdom and goodnesse and being so that if he will create such a being as a man such a Rationall creature furnisht with sufficient knowledge to discern between some good and some evil and if he will supply it with a proportionable concourse in its operations he cannot then but prohibit such Acts as are intrinsecally prejudicial and detrimental to the being of it neither can he but command such Acts as are necessary to its preservation and Welfare 63. God therefore when from all Eternity in his glorious thoughts he contrived the being of man he did also with his piercing eye see into all conveniencies disconveniencies which would be in reference to such a being and by his eternal Law did restrain and determine it to such Acts as should be advantagious to it which in his wise Oeconomy and dispensation he publisht to man by the voice of a Reason by the mediation of this natural Law 64. Whence it is that every violation of this Idea of the Law is not only an injury to mans being but ultra nativam rei malitiam as the Lawyers plead it is also a vertual and interpretative contempt of that supream Law-giver who out of so much wisdom and love and goodness did thus bind man to his own happiness So much
better discovery and speedier Conviction of Jesuites Popish Priests Fryers and Papists consented to by the King in the late Treaty to all the Officers Agitators and Souldiers in the Army they will presently discover an whole Conclave of Jesuites popish Priests Fryars and Jesuited Papists amongst them who have instigated them to disobey and force both houses imprison their Members to impeach try exempt the King dissolve the present and future Parliament subvert our Kingly Government and Constitutions of Parliament betray Ireland to the Rebels and involve us in a new Warre and Confusion instead of Peace and Settlement the Practices Designes and Studies of none but Jesuites and Papists which all true Protestants cannot but abhor If Milton beginning to write an Answer to the late Kings Book against Monarchy was at the second word by the power of God strucken blind What shall fall upon them that endeavour to destroy his Son verily they that fight against him fight against Providence I pray God direct us in the right way to his Glory From my house near Bishopsgate London on the East-side Spittle Fields next door to the Red Lyon this 27 of May 1660. John Heydon A servant of God and Secretary of Nature THE IDEA OF TYRANNY OR Englands mysterious Reformation from the beginning of the Wars to this time unridled to the dis-abuse of this long deluded Nation 1. DUring the Reign of the three last Monarchs of England Rebellion seemed here to have been established as a Verity not to be questioned Its Mysteries having as it was conceived been by many Volumes of our learned Writers so cleerly unfolded that it was not credible that either the whole body of the old or the Caprice of any new-fargled fancy should be able to stagger the foundation was laid for it 2. But a long peace accompanied with too great a felicity bred such a wantonness in our souls that we could not be satisfied with that was generally profest and practiced forms rites and ceremonies become nauseous to our dainty stomacks they rellished too much of Antiquity Superstition and Idolatry and we must have some thing of Novelty to please the gusts of our Palats this in succession of time attained to so vast a growth that at last like evil weeds it choakt the Plants set by the Industry of the Gardner and disputed the propriety of the patron 3. Thus armed with the strong zeal of Religion we hurry into a pernicious Warre make piety the cloak of our Iniquity and therewith charm simple Zelots to part with their coyn and plate to advance the Justice of the cause which justified with happy success we idolize and prefer before the sanctity of Religion esteem Loyalty but a Chimera and trample sacred Royalty under foot to authorize a licentious liberty which no sooner fixed in an uncontroulable authority but we give Laws to our Masters dis-inthrone Soveraignty and exercise the Tyranny of power to the terror of pretended Delinquents 4. By the severity of our procedures we become formidable to loyal souls by our assidual promises of Reformation we enslave the Wills of Idolaters who hood-winkt with our specious pretences vigorously support the weakness of our cause and by frequent victories we legitimate that right which no former age could or ever did make claim unto 5. Power now inconcussible in her Throne to prevent the violence of Opposers we distribute the Estates of our vanquisht adversaries among our own active Pillars corroborating the one by the debilitation of the other general Reformation in the interim is laid aside particular interest must antecede and while we are solely bent upon this Religion through an unbridled libertinage becomes a Labyrinth of confusion the head being taken away like so many Hidras new ones take life every Dreamer creating a Religion and thousands become his followers as the Devil out of his malice dictates to their weakness 6. Dotage is better prevented then cured but what hopes have we of the cure of this dotage when we are already seiz'd upon by a most raging frenzie the evidence of our actions confirm the certainty of our disease how many solemn Vowes have we made to advance the relieved truth of the Gospel and to preserve the known Laws of the land inviolable 7. How often have we dispensed with those Vowes and justified those Dispensations both with our publick Actions and Writings â—e pretended a pious tenderness toward God and sacred things but intended nothing less for our Cruelty Tyranny and Rapine practised toward our brethren testifie we dissembled with God and made a stalking horse of his Divinity our frequent Sacriledges manifest our interiour Iâ—everence how many glorious Temples by our pious Ancestors dedicated to Gods honour have we despoiled of their Ornaments most profanely converted them to Courts of Guards Stabls and brothel houses and made sale of their Stones Lead and Timber for the use of our Impieties Sects we indulge Heresies we approve Judaisme we tolerate Paganism we abhor not Turks we correspond commerce with as our brethren as indeed they are for their Times and Actions have no small Analogie with ours but our brethren and fellow Christians we pillage persecute and butcher nay we want nothing to be the worst of men but to become Cannibals 8. If this be the Product of our Reformation let us even petition to hell for a more divine 9. Now we are thus superlatively beatified by the Reformation of Relligion let us Cast an eye upon the Condition of our State we were all glutted with wealth happiness and prosperity and we must project for variety of sharp sawces to delude our stomacks into an appetite Our peacefull Soveraign was held too improper to sit at the sterne of this stern Nation his clemency was too benigne his sobriety too regular his Justice too merciful his conversation too familiar access too facile he had not the gift of Hipocrisie to screw himselfe into the credit of a Zelot he wanted the Octavian austeritie to check the frowardness of our insolence he was to ill furnisht with viciousnesse too countenance our horid villanies In fine he lacked Imperiousnesse to curbe the impudence of our Rebellion 10. Thus the Noble faculties of his soul being incoherent with ours his person could not be consistent with our ambition therefore beyond all the examples of the most barbarous savages we adorne the Prologue of our reformation with the Innocence of his blood the nobles we have disenobled the kennel-rakers we have made nobles the rich we have beggared the beggars we have enriched the Laws we have violated Justice we have perverted Magistracy we have contemned Trade we have decayed our name with forrreigne nations we have rendred contemptible and in the Epilogue of this happy reformation our reformers are the second time hurrried away in a whirle-wind leaving a worse stench behind them then the divell when he is constrained to quit a miserable possessed this poor nation in the interim abandoned to the mercy of
may befall you as it befell your Patrons there is none of you but is particularly guilty of a general injustice the general Plea you pretend will prove too hard for your particulars when you are summoned to appear before the dreadfull Tribunal not is it improbable you may feel the lash of the like scourge wherewith you have whipt your Masters they have felt but the effect of your sword but its edge is too blunt to encounter with the Celestial weapons Thunder-bolts Earth-quakes and Pestilence are the arms of Gods fury no Corner can hide you from being discovered by his wrath to erre is humane weakness but to continue in our errors is a diabolical malice Repent you then of your deviations your subscription to Justice will redeem you of your guilt and reconcile you to favour your guilt is not unpardonable being but hirelings and espousing a cause necessity not reason perswaded you to believe it carried Justice on its front Casual REFLECTIONS Relating To the Antecedent Discourse of the Idea of Tyranny upon pretended Crimes 1. RAtional men and unconcerned in a cause will positively conclude that a pretended Crime is no Crime that hath not by unquestioned Lawes been confirmed to be so 2. Lawes pretended to be inviolable ought to be enacted by the power and form accustomed to enact them but where it is evident that right of Enaction is usurpt upon those Lawes are no Lawes but violent impositions and consequently no crime to violate them 3. If at the beginning of a War it was held no crime for Vassals to inâ—inge their Lawes and deny their Allegiance to their undoubted Lord how comes it afterwards to be a crime when the undoubtedness of the Lord is not yet decided 4. A whole ages possession of an usurped estate is not sufficient to confirm the legality of its possession though a continual claim were not made to it by its anterior possessor let the title first appear decided before it be judged a crime to dispute it 5. It was no crime by arms to dispossess a man of his right certainly it is no crime by arms to endeavour the recovery of that right it is less injustice to struggle for ones propriety then to have it detain'd from him by violence Liberty and Religion the ordinary stalking horses to Rebellion have so dazeled the eyes of the vulgar that they run head-long upon Precipices whence a wise Retreat promiseth them no safety so that they will rather hazard their ruine by an obstinate folly then court an assured security by the acknowledgement of their error Who will commiserate the misery of such stupids their calamities are the just rewards of their madness too much felicity made them quarrel with the heavens and innocence and it must be a superlative affliction that must restore them to the perfection of their senses Gods wrath is not implacable if it be but pacified with repentance the scourge that now chasteneth us may upon our dutifull submission be cast into the fire as uselesse our distasters are generated from our own corruption let us but rectifie our disorders and the confusions attending on them will cease in their effects AMBITION AMbition to compass its design easily leveleth all difficulties that oppose it it stumbleth not at iniquities so they contribute to its progress and once waded in blood for the advancement of its attempts it will rather swim in an ocean of it then be interrupted in its course holding it its greater security rather to heap Tragedy upon Tragedy then to condescend to succession or to limit its violence with moderation Humane thoughts never want objects for their fancy and those objects they pursue with that vehemence that they ordinarily ruine either themselves or others in the acquest yet if any should assure them of ruine in their attempts such is their itch to that ayrie bubble of Glory that death it self will not be formidable when the object they aim at promiseth a supposed felicity Men of high Talents whose actions should be squared by the inerrable rule of Reason should never admit of fancy to over-master their Judgements the proposals of felicity they make themselves should be unquestionable If it admitted either of doubt or prejudice whereby they might be frustrated of their aym a mediocrity of welfare with tranquillity were to be elected before a vast greatness with disturbance If we ambitionate things unjust intrenching upon the right of others to perfectionate our intended felicity our felicity is ecclipst by the vexations and molestations we meet by the opposition of our Antagonists by which reason we should rather desist from our enterprizes then give augmentation to our minds disquietness by the frequent encounters of Disasters Most men are erroneous in the apprehension of their Felicity Honour Glory and Riches being their ordinary objects are but smoaky substances to make it solid and imperdible all these are daily subject to casualties for what with difficulty we have acquired in a year may by an unexpected accident of fortune be lost in a day and often times by the same means we projected to mount the throne of our felicity we inevitably fall into the abiss of disgrace True felicity is not so frequently seen in the sumptuous pallaces of greatness as in the meanest cottages of humility the highest Oedars are shaken with storms when the lowest shrubs lie secure from the disturbances of the winds all greatness lies expos'd to the malicious assaults of envy where humility lives secured under the protection of her meanness why then should we not rather satisfie our selves with that felicity which is ever fortified with security then to our anxieties research that greatness that is never unaccompanied with danger STATE INFANCY HE must be no Novice in knowledge who will give growth to the puerility of a State he must be well studied in the constitution of the clime it lives in to give it nutriment digestible that it may thereby become vigorous in its growth it must neither be cloyd with delicacies to make it wanton nor yet hunger-starv'd with sâ—ntness whereby to engender malignity Dominion is much more easily acquired then maintained an opportunity offered may facilitate a Conquest but discontents arising from alterations may frustrate the settlement that yoak is but grudgingly born where liberty pretends a priviledge to emancipation and subjection transmuted into a servitude doth undoubtedly generate a most malicious repining No Government how prudently soever managed can give an early tranquillity to a new erected State nor can general Maximes be adapted to every shape the distempers of predominant Dispositions must be tempered according to the quality of the infirmity Magnanimity is not domitable by compulsion though it dissemble a necessitated commission nor is pufillanimity fixed in its affection where there is intrenchment upon its interest Whether love or fear be the fitter Ciment in the structure of Government is a question much disputed among Statists both being inexcusably necessary for its settlement