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
carefully observe otherwise such a work might seem a Scholastick business and Method rather than a body of Commanding Laws 94. In this new Method of Laws upon good advertisement a Caveat hath been put in that the Ancient volumes of Law shall be utterly extinguisht and perish in oblivion but at least remain in Libraries though the common and promiscuous use thereof might be retained for in Cases of weighty consequence it will not be amiss to consult and look into the mutation and continuation of Laws past and indeed it is usually to sprinckle modern matters with Antiquity and this new body of Law must be confirmed only by such who in every State have the power of making Laws least perchance under colour of digesting Ancient Laws new Laws under hand be conveyed in 95. I could wish that this Idea of Laws might be Perused Practised and Exalted in the understanding of Learned and Wise men in such times as now when Philosophy Reason Nature and Experience excels those more Ancient times whose Acts and Deeds they recognize which fell out otherwise in Acts of Oliver Cromwell For it is a great unhappiness to the people when the deeds of Henry the eight must be imposed upon them Tirannically maimed and compiled by the Judgment and choice of a less wise and Learned man Thus have I shewed you the obscurity of Laws arising from the excessive and confused accumulation thereof I shall next speak of the dark and doubtfull description of them 96. Obscure description of Laws arise either from the Loquacity oâ— Verbosity of them or again from extream brevity or from the preamble of a Law repugnant with the body of a Law 97. I shall now instruct you how to enlighten the obscurity of Law ariseing from a corrupt and crooked description thereof The Loquacity and Prolixity which hath been used in setting down Laws I dislike neither doth such a writer any way compass what he desires and labours for but rather the quite contrary For while a man endeavors to pursue and express every particular case in apt and proper tearms hoping to gain more certitude thereby contrary-wise it fals out that through many words multitude of Questions are engendred so as more sound and solid interpretation of Law according to the genuine sence and mind thereof is much intercepted through the noise of words 98. And yet notwithstanding a too concise and affected brevity for Majesties sake or as more imperial is not therefore to be approved specially in these times least Law become perchance a Lesbian Rule wherefore a middle temper'd stile is to be imbraced and a generallity of words well stated to be sought out which though it do not so throughly pursue Cases comprehended yet it excludes Cases not comprehended deerly enough 99. Yet in ordinary and politick Laws and Edicts wherein for most part no man adviseth with his Counsil but trusteth to his own Judgment all shall be more amply explicated and pointed out as it were with the finger even to the meanest Capacity 100. So neither should I allow of preambles to Laws which amongst the Ancients were held impertinencies and which introduce disputing and not Commanding Laws If I could well away with Ancient customes But these prefaces commonly as the times are now are necessary prefixt not so much for explication of Law as for perswasion that such a Law may pass in the solemn meeting of a State and again to give satisfaction to the Communalty yet so far as possible may be let Prologues be avoided and the Law begin with a Command 101. The mind and meaning of a Law though sometimes it may be drawn not improperly from Prefaces and Preambles as they term them yet the Latitude and Extention thereof must not be fetcht from thence for a Preamble by way of Example sometimes fetcheth in Layes hold upon some of the most plausible and most specious passages when yet the Law compriseth many more or on the contrary the Law restraines and limits many Cases the reason of which limitations to insert in the preface were superfluous wherefore the dimention and Latitude of a Law must be taken from the body of a Law for a Preamble often fals either short or over 102. And there is a very vitious manner of Recording of Laws that is when the Case at which the Law aimeth is exprest at large in the Preamble afterwards from the force of the word the like or some such term of relation the body of a Law is reverst into the Preamble so as the Preamble is inserted and incorporated into the Law it self which is an obscure not so safe a course because the same diligence useth not to be taken in pondering and examining the works of a Preamble as there useth to be done in the body of a Law it self Touching the incertainty of laws proceeding from an ill description of them I shall handle more at large hereafter if this be acceptable I shall next teach you how to expound Laws and by what wayes 103. The wayes of expounding Law and Solving doubts are five for this is done either by Court Rolls and Records or by Authentique writs or by Subsidiary books or by prelections or by responses and resolutions of wise men all these if they be well instituted and set down will be singular helps at hand against the obscurity and errors of Laws 104. Now especially above all let the Judgments delivered in higher and principal Courts of Judicature and in matters of grave importance specially dubious and which have some difficulty and newness in them be taken with faith and diligence for Decrees are the Anchors of Law as Laws are of the Republick 105. The manner of collecting such Judgments and reporting them let this be Register the Case precisely the Judgments exactly annex the reasons of the Judgments alleadged by the Judges mingle not Authorities of cases brought for example with cases principal as for perorations of Sarjeants Counsellors and Barresters c. Unless there be something in them very remarkeable pass them over with silence 106. The persons which should collect these Judgments â—t them be of the order rank of Sarjeant Wild Mainard Twisden Sr Peter Ball c. the Learnedst Advocates and let them receive a liberal Remuneration from the State let not the Judges themselves meddle at all with these Reports least perchance devoted to their own opinions and supported by their own Authorâ—ty they transcend the limits of a Reporter 107. Digest these Judgments according to the order and continuation of times not according to Method and Titles for writings of this nature are as it were the History and Reports of Laws nor do the Decrees alone but their times also give light to a wise Judg. 108. I advise you to let the body of law be built only upon the laws themselves which constitutes the common-Law next of Decrees or Statutes in the third place of Judgments enrolled besides these either let there he no othere
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