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
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
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