THE IDEA OF THE LAW.

1. WHen GOD had made the Heavens and the Earth; the Mundus vitae, the World of Life, and Formes or [...]; And thus compleated his work in the Senary; comprehending the whole Creation in Six Orders of things: He ceased from ever creating any thing more, either in the outward Material World, or in the World of [Page 2] Life. But his Creative power retyring into himself, he enjoyed his own eternal Rest, which is his immutable and indefatigable Nature, that with ease oversees all the whole Compass of Beings; and continues Essence, Life, and Activity to them; and the better rectifies the worse; and all are better rectifies the worse; and all are guided by his eternal Word and Spirit: but nothing New hath ever been Created since the Six Dayes Produ­ction, nor shall ever be hereafter.

2. Then man fell, after all was perfect, into disobedience, by his Feminine Faculties, and the Pride of the Serpent. And being in this sin­full Estate, his First-born Cain killed his brother Abel, and therefore had the mark [...] Thau set in his Forehead: it was done by God, and according to his Promise instead of Death: he was enabled to walk and live securely among the wildest of Terestrial Creatures: [...]

[Page 3] [...] (i. e.) A sword could not enter him, fire could not burn him, water could not drown him, the air could not blast him, nor any thunder or lightning could strike him, &c.

3. And afterwards, Lawes were given to men to be executed, One not to oppress another, but to fear God, do his Statutes, and keep his Judgments.

4. And thus God forgave Cain, and saved his life: which I cannot account a downright Punishment, but indulged by the mercy of God, and necessary to the multiplication of Mankinde, &c. So Lawes were established amongst men before Moses.

5. And I look upon Moses mainly in reference to the publick Inducement, [Page 4] in which, after this a few generations, he appeared admirable, viz. As a Politician or Lawgiver. In which his skill was so great, that even in the Judgment of Heathen Writers he had the preheminence above all the rest: the Rosie-Crucians place him in the head of their Infallible Axiomata: of the most Famous Law-givers under the name of [...], if Eugenius Theodidactus be not mistaken: or, if he be, at least he bears them company that are re­puted the best, reserv'd for the last, and most notable Instance of those that en­tituled their Lawes Divine, and made themselves spokemen betwixt God and the people: This Mneues is said to receive his Lawes from Mercury, as Minos from Jupiter, Licurgus from Apollo, St. Chrystopher Heydon from his [...], his good Genius, As Moses from Jao, that is Jehovah; [...], But they speak like meer Hystorians in the business that say [Page 5] so, [...] is the word which they boldly abuse, to the diminution of all their Authorities promiscuously: It is said, they feigned they received Lawes from these Deities: And Ari­stotle adds the reason of it too; but like an errant Statesman, or an incredulous Philosopher, [...]; (i. e.) Whether it be (saies he) that they judged it an admirable and plainly Divine Project that redounded unto the Profit of a multitude, or whether they con­ceived, that hereby the people looking upon the greatness, and Supereminence of their Law-givers, would be more obedient to their Lawes Pretorian or Censorian: That saying in the Schools is not so trivial as true, Quicquid re­cipitur, recipitur admodum recipientis; Every thing is as it is taken, or at least [Page 6] appears to be so: The tincture of our own natures stains the appearance of all objects.

6. But to leave Aristotle to his Ethnicism and incredulity: As for us that ought to believe Scripture, and obey the Lawes of our Land, esta­blished in the Gospel of Jesus Christ, being a President for all Lawes and Statutes.

7. And first, if we will not gainsay the authority of the Greek Text, we shall not only be fully perswaded of Moses his receiving of Laws from Gods own mouth, but have some hints to believe, that something Analogical to it may have come to pass in other Lawgivers, [...] &c. Deut. 32. When the most High divided the Nations, when he sepa­rated the Sonnes of Adam, he set the bounds of the Nations according to the number of the Angels of God, but [Page 7] Jacob was the portion of Jehovah, that is, Jao, &c. So that it is not im­probable, but that as the great Angel of the Covenant, he whom I in my Book named The Wisemans Crown: and in another entituled, A new Method of Rosie Crucian Physick call [...], (i. e.) The eldest of Angels, the Archangel, the Word, the Beginning, the name of God, which is Jehovah: I say, that as he gave Lawes to his charge, so the titular Angels of other Nations might be Instructors of those that they raised up to be Lawgivers to their charge: Though in process of time, the Nations that were at first under the Government of good An­gels, by their lewdness and disobe­dience might make themselves obno­xious to the power and delusion of [...] tyrannical devile: But this is but a digression, that which I would briefly have intimated is, how Lawes were received, and how Poli­tickly [Page 8] they are now used; And that the great Lawgiver of the Jews was a man instructed of God himself, to Prudence and true Policy.

8. And therefore I make account, if we will but with diligence search, we may surely finde the Footsteps of unsophisticate Policy in all the Passages of the whole Pentateuch: And here in the very entrance it will offer it self un­to our view, where Moses shews himself such as that noble spirit Plato desires all Governers of Commonwealths should be, who has, in his Epistle to Dion, and his friends, foretold, That mankinde will never cease to be mise­rable, till such time as either true and Right Philosophers rule in the Com­mon-wealth; or those that do rule apply themselves to true and sound Philosophy: And what is Moses his Bereshith, but a fair invitation thereto? it comprehendeth at least the whole Fabrick of Nature, and conspicuous [Page 9] Furniture of the visible world: As if he dare appeal unto the whole Assem­bly of Gods Creation, to the voice of the great Universe, if what he pro­pounds to his people, over whom God hath set him, be not righteous and true; And that by acting according to his Precepts, they would but ap­prove themselves Cosmopolitas, True Citizens of the world, and Loyal Ser­vants of God, and Secretaries of nature. It is Mr. Thomas Heydon his Interpre­tation upon the place; which, how true it is in Moses vailed, I will not here dispute: That it is most true in Moses unvailed, Christ our Lord is true, without all Dispute and Controversie; And whosoever follows him, followes a Law justified by God, and the whole Creature, they speaking in several Dialects the minde of their Maker. It is a truth and life that is the safety of all Nations, and the earnest expecta­tion of the ends of the earth; Christ, the same yesterday, to day, and for ever, [Page 10] whose Dominion and Law neither time nor place doth exclude; as you shall finde anon: But to return to Moses.

9. The Lawes and Ordinances which he gave to the Israelites, were given by him [...], (i. e.) as Statutes received from God; And therefore, the great Argument and Incitement to Obedience should lie in this first, and highest Lawgiver, God himself, the great Jehovah; whose wisdome, power, and goodness could not better be set out, then by ascribing the Crea­tion of the whole visible World unto him: So that, for his power he might be feared, admired for his prudence, and finally for his goodness be loved, adored, and Deified: That, as he was truly in himself the most High God, so he should be acknowledged of the people to be so.

10. For, certainly there is nothing [Page 11] that doth so win away, nay ravish, or carry captive the mindes of poor Mankinde, as Bounty and Munificence, all men loving themselves most affe­ctionately, and most of all, the meanest and basest spirits, whose soules are so far from being a little rais'd and releas'd from themselves, that they do impo­tently and impetuously cleave and cling to their dear carkases; hence have they, out of the strong relish and favour of the pleasures and conveni­ences thereof, made no scruple of ho­nouring them for Gods, who have by their Industry, or by good Planets produced any thing that might con­duce for the improvement of the happiness and comefort of the body; And thus Moses received his Lawes from God; Josuah from Moses, &c.

11. Now Christ teacheth us other Lawes: as for example, when the Pharisees came to him, and asked, Is it lawfull for a man to put away [Page 12] his Wife? tempting him.

And he answered and said unto them, What did Moses command you?

12. And they said, Moses suffer'd to write a Bill of Divorcement, and and to put her away.

13. And Jesus answered and said unto them, For the hardness of your hearts Moses wrote this Precept;

14. But, From the begining of the Cre­ation God made them male and female.

15. For this cause shall a man leave his Father and his Mother, and shall cleave unto his wife.

16. And they twain shall be one flesh.

17. What therefore God hath joyned together let no man put asunder, Mark 10.

[Page 13]18. Wherefore dare any of you, having a Matter against another, go to Law before the unjust, and not before the Saints?

19. Do ye not know, that the Saints shall judg the World? And if the Saints shall be judged by you, are ye unworthy to judg the smallest matters?

20. Know ye not, that we shall judg Angels? How much more things that partain to this life?

Brother goeth to Law with brother; and that before the Unbelievers.

21. Now therefore there is utterly, a fault among you, because ye go to Law one with another,: Why do ye not rather take wrong? Why do not you rather suffer your selves to be defrauded?

22. Nay you do wrong, and [Page 14] defraud, and that your brethren?

But I say unto you, Love your ene­mies, bless them that curse you, do good to them that hate you, and pray for them that despitefully use you, and persecute you, Mat. 5.

23. Wherefore then serveth the Law? It was given because of Trans­gressions, till the seed should come, to whome the Promise was made, and it was ordained by Angels in the hand of a Mediator.

24. Wherefore the Law was our School-Master to bring us unto Christ, that we might be justified by Faith, Gal. 3.

25. Now let every Soul be subject unto the Higher Powers, for there is no power but of God; the powers that be are ordained of God.

26. Whosoever therefore resisteth [Page 15] the Power, resisteth the Ordinance of God; And they that resist receive to themselves Damnation.

27. For rulers are not a terrour to good works, but to the evil: Will ye then be afraid of the Power? Do that which is good, and you shall have praise of the same.

28. For they are the Ministers of God to you, for good; But if you do that which is evil, be afraid: for they bear not the sword in vain, for they are the Ministers of God, and Revengers, to execute wrath upon him that doth evil.

29. Wherefore ye must needs be Subjects, not only for wrath, but also for conscience sake.

30. For this cause pay you Tribute also: For they are Gods Ministers, attending continually upon this very thing.

[Page 16]31. Render therefore to all their Dues, Tribute to whom Tribute is due, Custome to whom Custome is due; Fear to whom fear; Honor to whom honor.

32. Owe no man any thing, but to love one another: For they that love one another, have fulfilled the Law.

33. For this, Thou shalt not commit Adultery; thou shalt not Kill; thou shalt not Steal; thou shalt not bear 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 [Page 17] 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 [Page 10] 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 [Page 11] 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 [Page 20] 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.

[Page 21]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 [Page 14] 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; [Page 15] 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, [Page 24] 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.

[Page 25]48. Such Constitutions as were manifestly the Lawes of time, and sprung up from emergent Occasions then prevailing in the Kingdome: I think now it is called so by Carolus Magnus secundus, The State oft times now changed, they are reverenc'd enough, if they may conserve their Authority within the limits of their own proper Cases: And it were monstrously preposterous any way to extend and apply them to Cases omit­ed, as in Olivers time.

49. There can be no Sequel of a Sequele: but the extention must be arrested within the Limits of imme­diate Cases, otherwise you fall by degrees upon unresembling Cases, and the Subtilty of wit will be of more force than the Authority of Law.

50. In Lawes and Statutes of a compendious Stile, extention may be [Page 18] made more freely: But in those Lawes which are punctual in the Enumera­tion of Cases particular, more warily; For, as exception strengthens the force of a Law, in cases not excepted, so enumeration weakens it, in cases not enumerated.

51. An explanatory Statute damms up the streams of a former Statute; neither is the Extention received af­terward, in the one or the other: For there is no Superextention can be made by a Judg, where once an exten­tion hath begun to be made by a Law.

52. The Forme of words and Acts of Court doth not admit an Extention upon like Cases; for that looseth the nature of Formality, which departs from Custome to Arbitriment; And the Introduction of Olivers Tyranical new Heavy Cases imbaseth the Ma­jesty, and cloggs the purity of the late Sacred King Charles his Statutes.

[Page 19]53. Extention of Law is aptly ap­plyed unto cases Post nate, which were not existent in Nature, when the Law was enacted: For, where the Case could not be exprest, because there were not such extant, a Case omitted is accepted for a Case exprest, if the reason be the same: So for extention of Lawes in Cases amiss, let this my Direction suffice: Now I shall speak of the use of Examples.

53. It follows now I speak of Examples from which Right is inferr'd, where Law is imperfect: As for Custome, which is a kinde of Law; and for Presidents, which by frequent Practice are grown into Custome, as into a Tacite Law, I will speak in due place: But now I speak of Examples or Presidents which rarely and spar­sedly fall out, and are not yet grown up to the strength of a Law, namely, when, and with what caution a Rule of [Page 28] Law is to be derived from them where Law is imperfect.

54. Your Presidents must be de­rived from Queen Elizabeth, King James, King Charles, and his happy Son, being good and moderate: and not from the bloudy Factions, or disso­lute Times of the Tyrant Oliver Cromwell, and his Sons; For Examples fetched from such times are a Bastard Issue, and do rather corrupt than instruct.

55. In his late Sacred Majesties time, the Examples are to be reputed the best, and most safe; for those were but lately done, and no inconveniences ensued: Now, Why may it not be done again? Yet nevertheless recent Examples are of less Authority, and if perchance it so fall out, that a Re­formation, Modern Presidents taste more of their own times, than of right Reason.

[Page 29]56. But those Presidents betwixt Christ his Apostles, and the late King Charles must be received with caution, and choice. For, since our Saviour Christ two hundred years, the revo­lution of an Age altered many things; so as, what might seeme ancient for time, the same, through perturbation and Inconformity, to the present Age, may be altogether new: Wherefore leaving Moses, Joshua, and the Elders, and the succeeding Prophets to the Lawes and Statutes of their times, and following the Examples of Christ, his Apostles, Bishops, and the Judges of a middle time are best; or of such an Age as best sorts with the present times, which now and than the time farther off better represents, than the time close at hand.

57. Keep your selves within, or rather on this side the limits of an Example, and by no means surpass [Page 22] those bounds: For, where there is no Rule of Law, all ought to be enter­tain'd with Jealousie: Wherefore here, as in obscure cases, follow that which is least doubtfull.

58. Beware of Fragments, and Compounds of Examples: and view the example entire, and every parti­cular p [...]ssage thereof: For, if it be in­equall and unreasonable before a per­fect Comprehension of the whole Law, to make a Judgment upon a part, or Paragraph thereof: much more should this Rule hold in Ex­amples, which, unless they be very square and proper, are of doubtfull use and application.

59. In Examples, it imports very much through what hands they have past, and have been transacted: For if they have gone currant with Clarks only, and Ministers of Justice, from the course of some Courts, without [Page 23] any notice taken thereof by Superiour Counsellors, or with the Master of Errours, by the people they are to be rejected, and little to be esteemed of: but, if they have been such precise Presidents or Counsellors of Estate, Judges, to Principal Courts, as that it must needs be, that they have been strengthened by the [...]acite approba­tion, at least of Judges; they carry the more reverence with them.

60. Presidents that have been pu­blish'd, however less practised, which being debated, and ventilitated by Discourses and dis [...]ptations have yet stood out unargued, are of greater Authority: but such as have remained buried, as it were, in Closets and Ar­chives are of less: For Examples like Waters are most wholesome in the running stream.

61. Examples that refer to Lawes I would not have them drawn from [Page 32] Writers of History, but from publique Acts, and more diligent Traditions: The Hebrew word is, [...] Kibbel, and it is an Infelicity familiar, even with the best Hystorians, that they pass over Lawes, and Judicial Proceedings too slightly: and, if perhaps they have used some Diligence therein, yet they vary much from the authentick Con­stitutions.

62. An Example which a contem­porary Age, or a time nearest unto it hath repealed, should not easily be taken up again, though the like Case should afterwards ensue: nor makes it so much for an Example, that upon Experience they have now relinquish'd it.

63. Examples are admitted into Councils, but do in like manner prescribe or command: Therefore I advise you to let them bee so mode­rated, that the Authority of the time [Page 33] past, may be bowed and plied to the practice of the time present; and thus much concerning Advice, and Dire­ction, from Presidents; where Law is imperfect: it followes next, that I speak of Courts Pretorian and Ceufori­an: Courts of equity, and of penalty, as I practised of Cliffords Inn, where I was sometime a Clerk.

64. I advise you let there be Courts and Jurisdictions, which may define ac­cording to the Arbitrement of some good man, and according to sound Judgment for the Law, (as is observ'd before) cannot provide for all cases, but is fitted to such occurrences as commonly fall out; and time (as was said by the Ancients) is a most wise thing, and daily the Author and Inventor of new cases.

65. New cases fall out both in mat­ters Criminal, which have need of pe­nalty, and in matters Civil, which [Page 34] have need of reliefe, the Courts which respect the former, I call Cen­sorian: which respect the latter Prae­torian.

66. I advise you to let the Censori­an Courts of Justice have Juridiction and Power not only of punishing new offences, but also of increasing penal­ties assigned by the Laws for old crimes, if the be cases heinous, & enor­mous; so they be not Capital, for a notorious guilt, is as it were, a new case.

67. Observe also to let, in like manner, the Pretorian Courts of equity have power to quallify the rigor of Law, that none be imprisoned but those taht are able to pay their debts: their goods & chattels ought not to be engaged, but at the discreation of some good man: let time given be for payment, for the sup­plying the defects of Law; for if a reme­dy [Page 35] ought to be extended to him whom the Law hath past by, much more to him whom it hath wounded.

68. Take care that these Censorian and Praetorian Courts be by all means limited within cases extraordinary, not invade ordinary Juridictions, least peradventure the matter extend to the supplantation, rather than the sup­plement of Law.

69. Let these Juridictions reside on­ly in the highest Courts of Judicature, and not be communicated to courts Inferiour: for the power of extending, or supplying or moderating Laws, lit­tle differs from the power of making them.

70. But let not these Courts be assign­ed over to one man, but consist of many: nor let the decrees thereof is­sue forth with silence, but let the Judges alledg reasons of their sentence [Page 36] and that openly in the Audience of the Court, that which is free in the power, may in the fame and reputation be con­fined.

71. Let their be no rubriques of blood, neither define of Capital crims, in what Court soever, but from a known and certain Law: for God him­self first denounced death, afterwards inflicted it; nor is any man to be put to death, but he that knew beforehand that he sinned against his own life.

72. In Courts of Censure, give way to a third tryal, that a necessity be not imposed upon Judges of absolving, or of condemning, but that they may pronounce a non Liquet; so in like manner, let Laws Censorian, not only be a penalty but an infamy that is, which may not inflict a punishment, but either end in admonision; or else chastise the delinquet with some light touch of Ignominy, and as it were [Page 37] a blushing shame.

73. In Censorian Courts let the first aggressions, and the middle Acts of great offences, and wicked attempts be punish't: yea although they were never perfectly accomplish't: and let that be the cheifest use of those Courts, seeing it appertaines to severity, to pu­nish the first approaches of wicked en­terprises, And to Mercy to intercept the perpetration of them by correcting middle Acts.

74. Special regard must be taken, that in Pretorian Courts, such cases be not countenanced, which the Law hath not so much pretermitted, as slighted as frevilous or as odious, Judg'd unworthy redress.

75. Above all, it most imports the certainty of Laws, that Courts of e­quity do not so swell and overflow their banks, as under prtence of mit­tigating [Page 36] the rigour of Laws, they do dissert or relaxe the strength and sinnes thereof, by drawing all to Arbitre­ment.

76. I advise you not to let Pretori­an Courts have power to decree against express Statutes, under any Pretence of equity, for if this should be permitted, a Law Interpreter would become a Law maker, and all matters should depend upon Arbitrement.

The Recorder of London; is of o­pinion, That the Jurisdiction of defi­ning according to equity and consci­ence; and that other, which accor­ding to strict Law, should be deputed to the same Courts: but Judg Rolle sayes to several, by all meanes let there be a seperation of Courts, for there will be no distinction of Cases, where there is commixtion of Juris­dictions: but you shall have Arbitre­ment incroach upon, and at last, swal­low up Law.

[Page 37]77. The Table of the Pretors a­mongst the Romans came in use upon good ground: In these the Pretor set down and publisht aforehand, by what forme of Law he would execute Judicature, after the same example, Judges in Pretorian Courts: The Kings Bench, Chancery, Common, Pleas, &c. should propound certain Rules to themselves (so far as may be) & openly publish them, for that is the best Law, which gives least liberty to the Judg; He the best Judge that takes least li­berty to himself: you see how time al­ters Laws since Moses recieved them from God: and what Laws Christ gave you in the Gospel: and now how Pollitickly they are practised: by te­dious Clerks, proud Students, cove­tous Councellors Self-will'd Serjeants: whose Learning is great: yet at last the Patient Clients are willing to go home, where they lament their losses, sustained through the Errors of pro­ceedings: [Page 40] the Crasy Judge he sits quietly willing rather to sleep, then to pre­scribe a method of good wholsome Laws to the People: And thus the poore suffer: but I hope to give you a cleare way in passage onely, through all Courts that with these Rules before a Judge you may know and under­stand your Case, and the Judge also may give true and sound Judgment, and supply that which is omitted by the Law, fot rhe worst Tyranny is Law upon the rack: And where there is made a departure from the letter of Law, the Judge, of an Interpreter becomes a Law-giver.

78. I have found that there is like­wise another kind of supplement of Cases omitted, when one Law falleth upon another, and withal drawes with it cases pertermitted, this comes to pass in Laws or Statutes, which (as the usual expression) look back or re­flect one upon another, Laws of this [Page 41] nature, are rarely and with great cau­tion to be alleag'd, for I like not to see a two fac'd Janus in Lawes.

79. Arguments brought against Testimonies accomplish thus much, that the case seems strange, but not that it seems true, and he that goes a­bout to elude and circumvent the words and sentence of Law by fraud and captious fallicies, deserves in like manner to be himself insnar'd by a suc­ceeding Law: wherefore in case of sub­til shifts and sinester devices, it is ve­ry meet that Lawes should look back upon, and mutually support one ano­ther, that he who studies evasions, and eversion of Laws present may yet stand in awe of future Laws.

80. Lawes which strenghten and establish the true intentions of Records and Instruments, against the defects, and formes, and solemnities, do rightly comprehend matters past, for the [Page 40] greatest inconvenience in a Law that re­fers back, is, that it disturbeth; but these conformitory Laws, respect the peace and feeling of those cases which are Transacted and determined; yet you must take heed that cases al­ready adjudg'd be not reverst or viola­ted.

81. You must be very careful, that not those Laws alone, be thought to respect things past, which invallide cases already desided; but those also which prohidite and restrein future cases necessarily connext with matters past: As for example, If a Law should interdict some ki [...]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 [Page 41] 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,

[Page 44]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 [Page 45] 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.

[Page 45]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: [Page 46] 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 [Page 48] 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 [Page 49] 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. [Page 50] 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 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 [Page 51] 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 [Page 52] 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 o [...] 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 [Page 53] 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 [Page 54] 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, [Page 55] 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, [Page 56] 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, [Page 57] 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.

[Page 58]106. The persons which should col­lect these Judgments, [...]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 Au­thor [...]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; [Page 59] besides these, either let there he no othere Authenticks at all, or spa­ringly entertain'd.

109. Nothing so much imports certainty of Laws (of which I now discourse) as that Authentick writings, be confined within moderate bounds; and that the excessive multitude of Authors and Doctors of the Laws, whereby the mind and sentence of Laws are distracted, the Judg con­founded; proceedings are made im­mortal, and the Advocate himself despairing to read over and conquer so many Books, betakes himself to Abridgmen's be discarded: It may be some good Gloss, and some few of Classick writers, or rather some small parcels of few writers, may be recei­ved for Authenticks, yet of the rest some use may be made in Libraries, where Judges are Advocates, may as occasion is offered, read their discourse [...]; but in cases to be pleaded at the Barr, let them not be permitted to be [Page 60] brought, & alledged in the Court nor grow [...]p into Authority.

110 I advise you next, that you do not let the knowledg and practise of the Law be destituted, but rather be well provided with Auxiliary Books; they are in general six sorts, Institutes, of the signification of words; of the Rules of Law; Ancient Records Abridgments of Formes of Pleadings.

111. Young Students, and Clerks, are to be entered by Institutes, that they may the more profoundly and orderly draw and take in the knowledg and difficulties of the Laws; compose these Institutes after a clear and per­spicuous manner; In these Elementary Books run over the whole private Law, not passing by some Titles, and dwelling to long upon others, but briefly touching something in all; that so coming to read through the whole body of Laws nothing may be presented altogether strange, but what hath bin tasted, and preconceived by [Page 61] slight notion, touch not the publick Laws in Institutes, but let that be deduced from the Judges of them­selves.

112. I advise you to compile a Commentary upon the Termes of Law, be not too curious and tedious in the explication thereof; and of ren­dring their sense for the scope here, is not exactly to seek out the definition of words, but such explications only, as may clear the passage to the reading of the Books of Law; digest not this Treatise by the Letters of the Alpha­bet; leave that to some Index: Or amend that Book already extant called The Termes of the Law: And let such words as import the same thing be sor­ted, together, that in the comprehen­sion of the sense, one may Admini­ster help unto the other.

113. A sound and well l [...]ured Treatise of divers Rules of [...]on­duceth (if any thing doth) [...]cer­tainty of Laws, a work worthy the [Page 62] Pen of the greatest Witts, and wifest Jurists, nor do I approve of what is extant in this kind. And not only noted, and common Rules are to be collected, but also othesr more subtil, and abstru [...]e, which may be abstra­cted out of the Harmony of Laws, and Judged Cases, such as are sometimes found in the best Rubricks; & these are the general Dictates of Reason, and the Primum Mobile as it were of Law.

114. But all Decrees and Placits of Law, must not be taken for Rules, as is wont absurdly enough: For if this should be admitted, then so many Laws, so many Rules, for a Law [...]s nothing else but a Commanding Rule; But accept those for Rules, which cleave to the very form of Justice, from whence for most part, the same Rules are commonly found through the [...] Laws of different States, un­less [...] they vary for the Reffe­ren [...] [...] formes of publick Gover­ment.

[Page 63]115. After you have delivered in a brief & substantial comprehension of [...], let ther be, for explication an [...]t [...] ­ples, & most clear & lucudent decisions of cases, distinctions & exceptions for li­mitations; points concurrent in sense for Amplification, of the same Rule.

116. It is well given in precepts, that a Law should not be drawn from Rules from the Law in force, neither is a proof to be taken from the words of a Rule; as it were a Text of Law: for a Rule (as the Mariners Needle doth the Poles) Indicates only, not determines Law.

117. Besides the Idea of Law, it will avail also, to surveigh the Anti­quities or Ancient Records of Laws, whose Authority although it be va­nisht; yet their reverence remaines still; And let the writings and Judg­ments concerning Laws be received for the Antiquities of Laws, which in time preceded the body of Laws, whether they were publisht or not; for [Page 64] must not be lost therefore; out of these Records select what ever is most usefull (for there will be found much vain and frivolous matter in them) And collect them into one volume, lest old Fables, (as the Learned Bux­t [...] cals them) be mixt with the Laws themselves.

118. [...], be­cause the foundation of this Treatise, lies in the Spirit of the Bible, thus collected as you see, and it much im­ports the practick part of Laws, that the whole Law be digested into places and Titles, whereto a man may have (as occasion shall be given) a suddain recourse, as to a furnisht promptuary for present practise, these Books of Abridgments, both reduce into order what was dispersed, and abreviate what was disused and Prolix in Law, but caution must be taken that those Breviaries make not men prompt for the practick part, and slothfull for the knowledg it self: For their proper use and office is this, that by them the [Page 65] Law may be tilled, over again, and not throughly Learned; and these Summaries must by all means be col­lected with great diligence faith and Judgment, least they commit Fellony against the Law.

119. [...] (i. e.) The Secret of the Lord is for them that fear him, and his Com­mandement is to make them know it. Thus you see the Misteries of God and Jesus Christ lies not bare to false and adulterate eyes in the Laws of the Old and New Testament, but are hid and wrapped up in decent coverings from the sight of vulgar and carnal men.

120. You Lawyers that are Ser­vants of God, and Secretaries of Na­ture, make a collection of divers Formes of Pleading in every kind, for this conduceth much to the practick part: and certainly these Formes do discover the Oracles and secret miste­ries of Laws; but in Formes of plea­ding, [Page 66] they are better and more large­ly displayed like the fist to the palm.

121. Some course you must take for the cutting off, and saisfying particular doubts which emerge from time to time; for it is a hard case that they which desire to secure themselves from error, should find no guid to the way, but that present businesses should be hazarded; and there should be no means to know the Law before the matter be dispatcht.

122. That the resolution of the wise, given to Clients touching point of Law, whether by Advo­cates or Professors, should be of such Authority, that it may not be Law­full for the Judg to depart from their opinion, I cannot approve, let Law be derived from sworn Judges.

123. To feel and sound Judgments by fained Cases and Persons, that by this means, men might find out what the course and proceeding of Law will be, I approve not, for it dishonou­reth [Page 67] the Majesty of Laws, and is to be accounted a kind of prevarications o [...] 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 [Page 68] 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 [Page 69] 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 [Page 70] 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 [Page 71] 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 [...]n the world, and is what humane so­ciety is capable of, what maketh for the Weale publiek, what natural E­quity is, what the Law of Nations, [Page 72] 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 [Page 73] these and such like Sacrifices of hum [...]ne understanding, seasoned with Religion as with salt, and incensed to his glory.

THE IDEA OF GOVERNMENT.

THe first Rule that I laid down in my Introduction to the defence of the Idea of the Law, I need not here again repeat, but desire all Gentlemen only to carry it in mind: I have shewn you the Errors of the Law, in all Courts, and have done what lies on my part, that you may peruse this Defence of my Idea of the Law, without any rub or stumbling: let me now request but one thing, which you are bound to grant; which is, that you read my Defence without Prejudice, and that all along, as you go, which is but a little [Page 87] way, you make not your recourse to the customary conceits of your fancy, but con­sult with your free Reason, [...], as Plato, De Leg. For Custom is another Nature; and therefore those con­ceits that are accustomary and familiar, we unawares appeal too, as if they were indeed the Natural light of the mind, and her first common notions.

2. Now before I can represent unto you the Idea of the Law, you must Crown King Charles the Second, Son of King Charles the first, lately murthered, and then I shall shew you the frame and fashion of the Just Notion of the Idea of the Law in General, according to my Telesmatical Genius; and Hortensius gives this shadowy interpretation of it: Lex est quaedam regula & mensura secundam quam inducitur aliquis ad agen­dum, vel ab agendo retrahitur; but Heliani [...] offended with the latitude of this defini­tion, esteems it too spreading and com­prehensive, as that which extends to all Na­tural, I, and to Artificials too: for they have Regulas & mensuras operationum. Thus God has set a Law to the waves, and a Law to the windes; Nay, thus Clocks have their Laws, and Lutes have their Laws; and whatsoever have the least appearance [Page 88] of motion, has some rule proportionable to it, whereas these workings were always reck­oned to be at the most but inclinations, and Pondera, and not fruits of a Legislative Pow­er. But yet the Apostle Paul to stain the pride of them that gloried in the abuse of the Law, ruining many poor people for a fee, calls such things by the name of Law, as were most odious and anomalous; thus he tells you of [...], and [...]; though sin be properly [...] Thus he mentions Le­gem membrorum, the same which the Law­yers call Legem fomitis.

3. And yet this is sure, that a rational creature is only capable of a Law, which is a moral restraint, and so cannot reach to those things that are necessitated to act ad extre­mum virium.

4. And therefore Cooke does give you a more refined interpretation, when he tells you Lex est mensura quaedam actum, morali­um, ita ut per Conformitatem ad illam, Rectitudinem moralem habeant, & si ab illi discordent, obliqui sint. A Law is such a just and regular turning of actions, as that by vertue of this, they may conspire into a Mo­ral musick, and become very pleasant and harmonious. Thus Plato speaks much of that [...] & [...] that is in Laws. [Page 89] After this he does altogether discourse of Har­mony, and does infinitely prefer mental and in­tellectual Musick, those powerful and practical strains of goodness, that spring from a well composed spirit, before those delicious Blandish­ments, those soft and transient touches that comply with sense, and salute it in a more flat­tering manner; and he tells you of a spiritual dancing that is answerable to so sweet a Musick, to these [...], whilest the Laws play in Consort, there is a chorus of well-order­ed affections that are raised and elevated by them. And thus, as Aristotle well observes, some Laws were wont to be put in verse, and to be sung like so many pleasant Odes, that might even charm the people into obedience.

5. 'Tis true, that conceited Philosopher gives the reason of it, they were put into verse [...], that they might remember them the better: But why may not I add a reason also to share with it, that they might come with a greater grace & allurement, that they might hear them as pleasant as they would do the voyce of a Vial, or an Harp, that has Rhetorick enough to still and quiet the evil Spirit? But yet this does not sufficiently paint out the being of a Law, to say, that 'tis only regula & mensura: and Lit­tleton himself is so ingenious as to tell me, that he cannot rest satisfied with this Interpretation, which he wrote but with a blunt pen. And there­fore [Page 90] I will give him some time to engross it fair. And in the mean time I will look upon that spe­culative Law-giver, Plato I mean, who was al­wayes new modelling of Laws, and rolling Po­litical Ideas in his mind.

6. Now you may see him gradually ascend­ing and climbing up to the description of a Law, by these four several steps, and yet he does not reach the top and [...] of it neither. First he tells me that Laws are [...], such things as are esteemed fitting: but because this might extend to all kind of Customs too, his se­cond thoughts limit and contract it more, and tells me that a Law is [...], Decretum civitatis, yet because the Mass and bulk of peo­ple, the rude heap and undigested lump of the multitude may seek to establish [...], as he calls it, therefore he bethinks him­self how to purge out the dross from it, and tells me in the next place that it is [...], inventio ejus quod verè est, where it is very remarkable what this Philosopher means by [...], by which he is wont usually to point out a Deity, which is stiled by Aristotle [...], but it is not capable of this sense here, for thus Laws are not [...] but rather [...], Lex est inventio vel donum Dei, [...] therefore in this place speaks these two particulars, [...]. for all rectitude has a being, and flows from the Fountain of being, [Page 91] whereas obliquities and irregularities are meer privations, and non-entities; and 'tis a notable speech in Plato, [...] the very same expression which the Apostle gives to the Law of God, when he calls it The Royal Law; [...] implies [...]; every thing that is profitable, has a being in it, but you can ga­ther no fruit from a privation; there is no sweet­ness in an obliquity, and therefore a Law is a wholesom mixture of that which is just and pro­fitable. Thus do I interpret the first, second and third Paragraphs of my Idea of the Law, and this is [...] as Plutarch speaks, whereas Turpe praeceptum non est Lex, sed iniquitas, for obligation that's the very Form and Essence of a Law: Now every Law Obligat in Nomine Dei; but so glorious a Name did never bind to any thing that was wicked and unequal, [...], and that only is countenanced from heaven [...], the Golden chain of Laws, 'tis tyed to the chair of Jupiter; and a command is only vigorous as it issues out either Immediately or remotely by the Genii from the great Soveraign of the world: So that [...] is my Foundation of the Idea of the Law. And in all true kinds of Go­vernment, there is some Supream Power derived from God himself, and fit to contrive Laws and Constitutions agreeable to the welfare and happiness of those that are to be subject to [Page 92] them: and [...], and the Rosie Crucians are the fittest makers of Laws.

7. Plato did not lay stress enough upon that binding vertue, which is the very sinew, nay life and soul of a Law, according to my fifth Paragraph; That these three Descriptions, [...], intend only humane Laws, and so are en­grost fair, for the pure notion of a Law in ge­neral.

8. And though the same other branch [...], may seem to defend my Idea, yet it is too obscure too much in the clouds, to give a clear manifestation of the Idea of the Law; and yet Aristotle does not in this supply Plato's defects, but seems rather to Paraphrase upon the descriptions, or rather Interpretations of Humane Laws, and tells me in more en­larged language, that [...] where yet he cannot possi­bly mean that every individium should give his suffrage, but certainly the Representative consent of the whole will content him.

9. But I see these antient Philosophers are not so well furnisht to lend me any thing to de­fend my Idea of the Law: But I must return to London again, and see what assistance William Prinne Esq and other Lawyers of the Temple will lend me; who by this time have lickt their [Page 93] former Interpretations into a more comely form. I will look upon W. Prinne Esq first, Lex (sayes he) est ordinatio rationis ad bonum Commune ab eo qui curam habet Communita­tis promulgata. It is a rational Ordinance for the advantage of the Publique good, made known by that power, which has care and tuiti­on of the Publique.

10. And Judge Roll, his Picture of a Law, now, that it is fully drawn after Littleton, by Cook, and then by Roll, hath much the same Aspect, Lex est Commune Praeceptum, Justum ac stabile, sufficientur Promulgatum. A Law is a Publique Command, a just and immove­able command, lifting up its voyce like a Trumpet, and in respect of the Law-giver, though it be praesupponere actum intellectus, as all acts of the will do: yet it does formally con­sist in actu voluntatis; not the understanding, but the will of a Law-giver makes a Law. But in respect of him that is subject to the Law, it does consist in actu Rationis; 'tis required only that he should know it, not in actu voluntatis, it does not depend upon his obedience. The want of his will is not enough to enervate and invalidate a Law when 'tis made; all Laws then would be abrogated every moment: His will indeed is required to execution and ful­filling of the Law, not to the validity and ex­istence [Page 94] of the Law. And thus all the Laws of God do not at all depend upon the will of man: (and thus interpret my seventh Para­graph of the Idea of the Law:) but upon the power and will of the Law-giver. Now in the framing of every Law there is to be Intentio boni communis; and thus that speech of L. Verulam, Ʋtilitas Justi propè mater, & aequi, if it be took in this sense, in which 'tis thought he meant it, is not so much as tolera­ble Law-givers should send out Laws with Olive branches in their mouths; they should be fruitful and peaceable; they should drop sweet­ness and fatness upon a Land: Let not then Brambles make Laws for Trees, as O. Cromwell and his fellows did for King Charles, and his Dukes, Earls, and Lords, &c. least they scratch them and tear them, and write their Laws in blood, as you have seen lately.

11. But King Charles will send out Laws, as the Sun shoots forth his Beams with heal­ing in his wings. And thus that elegant Plu­tarch speaks. God (sayes he) is angry with them that counterfeit his Thunder and Lightning, [...], his Scepter, and his Thunderbolt, and his Trident, he will not let them meddle with these. He does not love they should imitate him in his absolute Domi­nion and Soveraignty, but loves to see them [Page 95] darting out those warm and amiable, and che­rishing [...], those beamings out of Ju­stice, and goodness, and clemency. And as for Laws, they should be like so many green, and pleasant pastures, into which these [...] are to lead their flocks: where the people may feed them sweetly and securely by those refresh­ing streams of Justice, that run down like wa­ter, and righteousness like a mighty Torrent. And this Consideration would sweep down the Cobweb-Laws of Bradshaw, Lenthall, Prideaux, Oliver Cromwel, and the Fanatique Parliament, &c. that argue only the venom and subtilty of them that spin them; this would sweep down many an Achitophels web, and many an Hamons web, many an Herods web, and every Spiders web in England that spread Laws only for the cathing and entangling of weaker ones; such Law-givers are fit to be Domitians Play-fellows, that made it his Royal sport and past­time to catch Flyes, and insult over them when he had done. Whereas a Law should be a staff for a Common-wealth to lean on, and not a read to peirce it through, Laws should be cords of love, not nets and snares; Hence it is that those Laws are most radical and Fundamental, that principally tend to the conservation of the Vitals and Essentials of a Kingdom; and those come neerest the Law of God himself: as I in­terpret [Page 96] my eight Paragraph of the Idea of the Law; and are participations of that Eternal Law, which is the Spring and original of all inferiour and derivative Laws, [...], as Plato speaks: and there is no such publique benefit, as that which comes by Laws: For all have an equal interest in them, and priviledge by them. And therefore as Aristotle speaks [...]. A Law is a pure intellect, not only without a sensitive appetite, but without a will. 'Tis pure Judgement without affections; a Law is impartial, and makes no Factions; and my Idea of the Law cannot be bribed, though the Judge may; and that Philosopher does pretty well prosecute this; If you were to take Physick, then indeed it is ill being determined by a Book, it is a dangerous taking a printed Receipt, you had better leave it to the brest of the Physitian, to his skill and advice who minds your health and welfare, as being most for his gain and cre­dit. But in point of Justice the case is very different: you had better here depend upon a Rule, then to leave it to the Arbitrary Power of a Judge, who is usually to decide a controver­sie between two; and if left to himself, were apt to be swayed and byassed by several interests and engagements, which might encline him to one more then another.

[Page 97]Nay, now that there is a fix [...] Rule, an immoveable Law, yet there is too much partiality in the application of it; how much more would there be, if there were no rule at all?

13. But the truth is, the Judge should only follow the ultimum & practicum di­ctamen legis; his Will, like a Caeca poten­tia, is to follow the Novissimum lumen intellectus of this [...] that is to rule and guide him, and therefore Justice was painted blind, though ipsa Lex be o­culata, for [...], and the Will is to follow the ultimum nutum ca­pitis, the meaning of the Law in all Circumstances.

14 In a Law-giver, there is to be Judicium & Prudentia Anchitectonica ad ferendas leges, the Aegyptian Heirogly­phick for Legislative power, was oculus in sceptro: and it had need be such an eye that can see both [...]; it had need have a full and open Prospect in­to publick affaires, and to put all ad­vantages into one scale, and all incon­veniences into another.

[Page 98]15. To be sure that the Laws of God they flow from a fountain of Wisdom; and the Lawes of men are to be lighted at this Candle of the Lord, according to the sense of the ninth Paragraph of the Idea of the Law, which he hath by a Genius set up; and those Laws are most potent and prevalent that are founded in light, [...]. Other Lawes are [...], they may have an iron and ada­mantine necessity; but the other have a soft and downy perswasion going a­long with them, and therefore as he goes on, [...]. Reason is so beautifull, as that it wins and allures, and thus constrains to obedience. There is to be Sigillum Legis, I mean Electio & determinatio Legis, after a sincere aim at publick good, and a clear discovery of the best means to promote it, there comes then a fixt and sacred Resolution, Volumus & statuimus, this speaks the Will of the Law-giver, and breaths life into the Law, it adds Vigour and Efficacy to it, But yet notwithstanding,

[Page 99]16. There must be Vox Tubae, that is, Promulgatio & Insinuatio Legis, The Law is for a publick good, and ought to be made known in a publick manner: for as none can desire an unknown good, so none can obey an unknown Law; and therefore invincible ignorance doth ex­cuse; for else men should be bound to absolute impossibilities. But whether it be required to the publishing of a Law that it should be in a way of writing, which is more fixt and durable, or whe­ther the manifestation of it in a vocal or oral manner will suffice (which yet is more transient and uncertain) I leave the Lawyers and States-men to dispute it. This I am sure, that all the Lawes of God are proclaimed in a most suffi­cient and emphatical manner. And thus much in defence of my ten Para­graphs. Next in order I shall give you the sense of the Eternal Law of Jesus Christ. Now I am come to the Spring and Original of all Laws, That foun­tain of Law, out of which you may see the Law of Nature bubling and flowing forth to the sons of men: for as L. Ve­rulam doth very well tell me, The Law [Page 100] of Nature is nothing, but Participatio Legis aeternae in rationali creatura, the copying out of the eternal Law, and the imprinting of it upon the breast of the rational being: that eternal Law was in a manner incarnated in the Law of Nature.

17. Behold all the Verses to the thir­ty fifth Paragraph, and they are so clear and plain, that there is no need of any farther explication or defence; for this Law is not really distinguished from God himself in Trinity and Unity: Nil est ab aeterno nisi ipse Deus, so that it is much of the same nature with those de­crees of his, and that providence which was awake from everlasting. For as God from all eternity by the hand of infinite wisdom did draw the several faces and Lineaments of being, which he meant to shew in time; so he did then also contrive their several frames with such limits and compass, as he meant to set them; and said unto every thing, Hi­ther shall thou go, and no farther.

18. This the Platonists would call, [Page 101] [...], and would willingly heap such honourable Titles as these, Prophetically upon it, [...]. And the greatest happiness that other Lawes can arrive unto, is this, that they be [...], ministring and subservient Laws: as you shall find them in the one hundred and thirty Para­graphs of my Idea of the Law, waiting upon this their Divine royal Law, [...]; Or as they would chuse to stile them, [...], some shadows and appearances of this bright and glorious Law, or at the 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 [Page 102] 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 Co [...] ­leste [Page 103] 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 [...]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 [Page 104] 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.

[Page 105]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, 'Tis 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 [Page 106] 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 [Page 107] 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 fa [...]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 [Page 108] 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 [Page 109] 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 [Page 110] [...], 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 [Page 111] 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, [Page 112] 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 [Page 113] 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 [Page 114] 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 [...], as Eugenius Theodida­ctus calls them, which I render, Virtu­tum simulacra, some Apish imitation of Reason, some shadows of morality, some counterfeit Ethicks, some wild Oeconomicks, some faint representati­ons of Mercurius Politicus the lying flatterer, who is called amongst his brethren, Marcheman Needham, a sil­ly lying Scribler to the fanatique Parlia­ment: but this fellow is crept in, as his custome is, amongst any Law: bear back: This Government will not admit such Chamelion Sycophants amongst them. This Government all this while, with­out King Charles is as far distant from the truth of a Law, as they are from [Page 115] the strength of reason, but I have digrest a little.

30. The Lawyers may see some sparks of the divine power and goodness: but you cannot see the Idea of the Law of God. Now these men might have con­sidered, if they had pleased; that as for the prints and foot-steps of nature, some of them may be seen in every being. For Nature hath stampt all entity with the same seal; some softer beings took the impression very kindly and clearly some harder ones took it more obscurely.

31. Nature plaid so Harmoniously and melodiously upon her Harp and Viol, as Mr. Allen Baker saith, as that her Musick prov'd not only like that of Or­pheus, which set only the sensitive crea­tures on dancing: but like that of Am­phion, inanimate Beings were elevated by it, even as the very stones did knit and unite themselves to the building of the universe:

Shew me any thing, if you can, that doth not love its own welfare, that doth not seek its own rest, its centre, its hap­piness, [Page 116] that doth not desire its good, [...], as Nidus speaks: pick out an entity, if you can tell where, that doth not long for the continuation, for the diffusion and spreading of its own being, yet surely the Lawyers them­selves cannot imagine, that there is a Law given to all inanimate beings, or that they are accountable for the viola­tion.

32. Let them also demurre a while upon that Argument which I shall urge against them, That these sensitive creatures are totally defective in the most principal branches of the Natural Idea of the Law, o [...] the Law of Nature, and in the ac­knowledging of a Duty, in the ado­ring of a Deity, where is there the least adumbration of divine worship in sen­sitive beings; what do they more then the heavens, and the seven Planets and the Stars, which declare the glory of God in their influence upon all ter­restrial creatures? or the firmament, which shews his handy-work, in trans­ferring Idea's from the Etherial Regi­on to the Genii of men; unless perhaps [Page 117] the Lawyers can find not only a Com­mon-wealth, but a Church also among the Bees, some canonical obedience, some laudable Ceremonies, some decen­cy and conformity amongst them: I will call the spirit or Genius of a Poet only to laugh the Lawyers out of this opinion: And here old Hesiod appears freely, and tells them,

what are these Laws that are observed by rending and tearing Lions, by devou­ring Leviathans? Doth the Wolfe op­press the Lamb by a Law? Can Birds of prey shew any commission for their ravening violence, thus also that amo­rous Poet shews that these sensitive crea­tures, in respect of lust, are absolue An­tinomians: for thus he brings in a To au­ton, pleading,

And what though you meet with some [...], some rare pattern of sen­sitive temperance? a few scattered and uncertain stories will never evince that the whole heap and generality of Bruits act according to a Law: you have heard it may be of a chast Turtle, and did you ne­ver hear of a wanton Sparrow? It may be you have read some story of a modest E­lephant, but what say you to whole flocks of lascivious Goats? yet grant that the several multitudes of all species of these irrational Creatures were all without spot and blemish in respect of their sensitive conversation, can any there­fore fancy, that they dress themselves by the glass of a Law, is it not rather a faithfulness to their own natural inclina­tions? which yet very justly may con­demn some of the sons of men, who though they have seen the Idea of the [Page 119] Law of God: yet they degenetate more then these inferiour beings, which only have some general Dictates of nature.

33. This is that motive with which the Satyrist quicken'd and awaken'd some of his time.

A Law it is found in Intellectuals, in [...] not in [...], it supposes a noble and free-born-Creature: for where there is no liberty, there is no Law, a Law being nothing else but a Rational re­straint, and limitation of absolute li­berty; Now all liberty is radicaliter in intellectu; and such Creatures as have no understanding, have no choice, no moral variety.

34. The first and supream being hath so full and infinite a liberty, as cannot be bounded by a Law: and these Lawes [Page 120] and slavish beings have not so much li­berty as to make them capable of being bound: Inter Bruta silent leges, there is no turpe nor honestum amongst them: No duty nor obedience to be expected from them; no praise or dispraise due to them; no punishment nor reward to be distri­buted amongst them.

35. But as Ʋlpianus doth very well observe, Quoniam in bestias proprie de­lictum non cadit, abi bestia occiditur, ut in Lege Mosis ob concubitum cum homine, non ea vere poena est, sed usus dominii hu­mani in bestiam, for punishment in its formal notion is [...], (as the Greek Lawyer speaks) or as Pri­masius describes it, It is Malum passio­nis quod infligitur ob malum actionis. In all punishment there is to be some [...], and [...], so that every Damnum or incommodum is not to be esteemed a punishment, unless it be in vindictum culpae.

36. So as for those Lawes given to the Jewes, where sometimes the beast was to be put to death by Moses Law: [Page 121] The learned Diodorus Siculus gives a ve­ry full and satisfactory account of it out of the Jewish writings, and doth clearly evidence, that the meaning was not this; that the beast was guilty of a crime, and had violated a Law, and therefore was to be condemned, and put to death; but it was in order to the happiness and welfare of men: for Bestia cum homine concumbens, was to be ston'd; partly because it was the occasion of so foul a fact, and so fatal punishment unto man: and partly that the sight and pre­sence of the object might not repeat so prodigious a crime in the thoughts of men, nor receive the memory of it, nor continue the dis­grace of him that dyed for it. But there was another reason in Bove cornupeta, for there, as Maimonides tells me in his Morech Nebachim, it was ad poenam exi­giendam à Domino: the putting of that to death was a punishment to the owner, for not looking to it better: for I can­not at all consent to the fancy of the Jews, which the renouned Josephus men­tions, [...], although the forementioned Cri­tick [Page 122] give a better sense of it, then it is likely the Author ever intended, non in Alimentum sumi debuit unde scilicet in Domini commodum cederet: but how such an interpretation can be extracted out of [...], is not easily to be i­magined: for those words of Josephus plainly imply, that the Jewes thought such an Ox could not yield wholesome nourishment; or at the best, they lookt upon an unclean beast, which was not to be eaten, which indeed was a fond and weak conceit of them; but they had ma­ny such, which the learned Author loves to excuse, out of his great favour and indulgence to them, yet which is very remarkable, if the Ox had kill'd a Gentile, they did not put it to death, it seems it would yield wholesome nou­rishment for all that. But this I am sure of, that as God doth not care for the Oxen (which the renowned Selden doth very well understand of Cura legis­lativa, for otherwise God hath a provi­dential care even of them) so neither doth he take care for the punishment of Oxen, but it is written for his Israels sake, to whom he hath subjected these [Page 124] Creatures, and put them under his feet.

37. Neither yet can the proper end of a punishment agree to the sensitive Creature: for all punishment is [...], as Plato saith, [...], it is not in the power of punishment to recal what is past, but to prevent what's possible. The Greek Lawyer speaks the same which God speaks to Moses, That Israel may hear and fear: and thus punishment doth [...].

38. But none of these ends are ap­plyable to sensitive Creatures, for there is no more satisfaction to Justice in in­flicting an evil upon them, then there is in the ruining of inanimate beings, in demolishing of Cities or Temples for Idolatry, which is only for the good of them that can take notice of it, Quam stultum est his irasci, qua iram nostram nec merneruut, nec sentiunt: No satisfa­ction to be had from such things as are not apprehensive of punishment: and their Annihilation, though a great evil, yet wants this sting and aggravation [Page 124] of a punishment for a Creature is not sible of it.

39. Much less can you think that a punishment hath any power to amend or meliorate sensitive beings, or to give example to others amongst them.

40. By all this you see that amongst all irrational beings there is no [...], no [...], & no [...]: from whence it also follows, that the Law of nature is built upon Reason: Reason the Idea of the soul of man; whose Genius describes the Idea of all humane Law to him: And the original of all is, the divine I­dea of the Law of God.

41. There is some good proportiona­ble and nutrimental to the being of man, and some evil so venomous and obstru­ctive to his nature, as that the God of Nature doth sufficiently antidote and fortifie him against the one, and doth maintain and sweeten his essence with the other. There is so much harmony in some actions, as that the soul must needs dance at them: and there is such [Page 125] an harsh discord and jarring in others, as that the soul cannot endure them.

42. Therefore Mr. Hobs doth thus describe the Law of Nature, Jus natu­rale est dictatum rectae rationis, indioan [...], actui alicui ex ejus convenientia, vel dis­convenientia cum ipsa natura rationali, in­esse moralem turpitudinem, aut necessita­tem moralem; & consequenter ab authore naturae ipso Deo, talem actum aut vetari aut praecipi: which I shall thus render, The Law of nature is a streaming out of Glory from the Idea of the Law of God, powerfully discovering such a deformity in some evil, as that an intellectual eye must needs abhor it: and such a commanding beauty in some good, as that a rational being must needs be en­amoured with it; and so plainly shewing that God stampt and sealed the one with his Command, and branded the other with his disliking.

43. Philo Judaeus makes mention of this [...], and tells me, that it is, [...], a radical and fundamental knowledge [Page 126] planted in the being of man, budding and blossoming in the first principles, flourishing and bringing fruit, spreading it self into all the goodly branches of Morality; under the shadow of which, the soul may sit with much complacency and delight. And as he pours out him­self very fluently, [...], there is no need of Oratory to allure men to it, you need not heap up arguments to convince them of it, it is easily found, it is easily attain'd; it growes spontaneously, it bubbles up freely; it shines out clearly and pleasantly; it was so visible, as that the most infant age of the world could spell it out, and read it without a Teacher, [...], as he goes on, it was long extant before Moses was born, long before Aaron rang his gol­den Bels, before there was a Prophet or a Judge in Israel, men knew it [...]. They had a Law of Gods own making: They had the Statutes of God within them. By this Idea of the Law, Adam and Eve knew that [...] had deceived them and ar­rested them: and when by Hab. Corp. [Page 127] they were removed from their former condition, they discovered their naked­ness: And that again by Alias Hab. Corp. they should be removed to the prison of the flesh.

44. This Idea of the Law flamed in Cains conscience, and the letter [...] then in his fore head. And this Law was proclaimed in his heart with as much terrour as it was published from mount Sinai, which filled him with those furi­ous reflections for his unnatural murder. Enoch when he walkt with God, walkt by the Genius of this Idea of the Law. Noah the Preacher of Righteousness, took this Idea of the Law for his Text. Hard-hearted Pharaoh saw this Idea of the Law, when he cries out, The Lord is righteous, but I and my people have sin­ned. Cromwell and the fanatick Par­liament were terrified by this Idea of the Law, after they had destroyed King Charls: nor will the three King­domes be in peace, untill King Charles the second be crowned King of England and Ireland, and that Family again re­stored, &c.

[Page 128]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 [Page 129] 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 [Page 130] 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 [Page 131] [...] 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 [Page 132] 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 [Page 133] 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 [Page 134] 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 [Page 135] 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 [Page 136] 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 [Page 137] 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 [Page 138] 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 [Page 139] 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 [Page 140] 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, [Page 141] did thus bind man to his own happiness. So much then as man doth start aside and apostatize from this Law, to so much misery and punishment doth he expose himself.

65. Though it be not necessary, That the Idea of the Law should discover the full extent and measure of that punish­ment which is due to the Breakers of this Law: for to the Nature of punish­ment, Non requiritur ut praecognita sit poe­na, sed ut fiat actus dignus tali poena, the Counsellors and Atturneyes both will acknowledge this principle.

67. For as Numenius Appionus hath it, Sequitur reatus ex intrinseca condi­tione culpae, ita ut licet poena per legem non sit determinata, Arbitrio tamen com­petentis judicis puniri possit; Yet the Idea of the Law will reveal and disclose thus much, That a being totally dependent upon another, essentially subordinate and subject to it, must also be accounta­ble to it for every provocation and re­bellion; And for the violation of so good a Law, which he hath set it, and [Page 142] for the sinning against such admirable Providence and Justice that shines out upon it, must be liable to such punish­ment, as that glorious Law-giver shall judge fit for such offences; who is so full of Justice, that he cannot, and so great in goodness, that he will not punish a Creature above its desert. And thus have I cleared one hundred Paragraphs, ho­ping you will crown the King according to his deserts, that my Idea may be pro­claimed, that the King, Parliament, Priest and People may live happily, &c.

68. And there was never any partiti­tion-Wall between the Essence of King Charles and the Parliament. Now the Law of Nature is founded in Essentials; And that which is disconvenient to that rational Nature, which is in a Cavileir, is as opposite and disagreeable to the same Nature in a Parliamentier, Round-head, Presbyterian, Anabaptist, Inde­pendent and Quaker: as that good which is suitable and proportionable to a King or Cavileir in his rational being, is every way as intrinsecal to the welfare of a Parliamentier Round-head, &c. that [Page 143] doth not differ essentially from him: so likewise for the promulgation of this Law, being it doth equally, concern them both: It is also by my Idea of the Law equally publisht and manifested to them both.

69. The Extent of the Idea of the Law, I shall lastly manifest in these thir­ty Paragraphs, and so conclude; there are stampt and printed upon the being of man, some clear and undelible princi­ples, some first and alphabetical Notions: by putting together of which it can spell the nature of my Jdea of the Law, there is scatter'd in the soul of man some seeds of the Divine Idea, which till it with a vigorous Pregnancy, with a multiplying fruitfullnesse; So that it brings forth a numerous and sparkling Posterity of se­condary Notions, which make for the Crowning and encompassing of the Soul with happiness.

70. All the fresh springs of Common and fountaine Notions are in the Soul of man, for the watering of his Essence, for the refreshing of this heavenly Plant, This Arbor inversa, this [Page 144] enclosed being, this Garden of God.

71. And though the wickednesse of man may stop the pleasant moti­on, the cleare and Christalline Progress of the fountain, yet they cannot hin­der the first rising, the bubbling en­deavors of it. They may pull off the Leaves of the Idea of the Law, and pluck off the fruit: breake through my Defence, and chop off the Branches, yet the root of it is eternal. And the foun­dation of it inviolable. Now these first and Radicall principles are wound up in some such short bottoms as these: Bo­num est appetendum, malum est fugiendum; Beatitudo est quaerenda: Quod tibi fieri non vis, alteri ne feceris, And Reason thus [...], incubando super haec ova, by warming and brooding upon these and oval Principles of her own lay­ing, it being it self quickened with an heavenly vigour, doth thus hatch the Idea of the Law of Nature.

72 First you must not, nor cannot thinke that the Idea of the Law is con­fined and contracted in this Govern­ment [Page 145] of England, but Reason like The King, with one foot fixed a Centre, and with the other measures a Parliament, and spreads out the circumference of the Common peoples happinesse and welfare, and draws severall conclusions which doth all meet to make three Prosperous Kingdomes, which is only in this sacred centrall principle.

73. For men must not only look upon the Capitall letters of this [...], but they must read the whole context and coherence of it; they must look to every jot and Apex of it, for heaven and earth shall sooner pass away, then on jot or tittle of this Law shall vanish,

74. Discourse is the usuall Inlet of errour, and too oftengives an open admission, and courteous entertainment to such falsities as come disguised in a Syllogistical form, which by their se­quarious windings and gradual insinuati­ons, twine about some weake under­standings: yet in the Nature of the thing it selfe, it is impossible to collect an er­rour out of a truth, as it is to gather [Page 146] the blackest night, out of the fair­est sun-shine, or the fowlest wickedness out of the purest goodnesse. A conclu­sion therefore that is built upon the sand, you may very well expects its fall, but that which is built upon the Rock is impregnable and immoveable.

75. For if this Idea of the Law, should not extend it selfe so far, as to oblige men to an accurate observation of that, which is a remove or two distant from first principles, it would then prove extreamly defective in some such precepts, as do most intimately and in­tensly conduce to the welfare and ad­vantage of an intellectuall being.

76. The Idea of the Law, as it is thus brancht forth, doth bind in foro consci­entiae, for as that noble Author Des Car­tes speakes very well in this, Naturall conscience it is centrum notitiarum com­munium, and it is a kinde of sensus commu­nis in respect of the inward faculties, and that other in respect of the outward senses. It is a competent Judge of this Idea of the Law, it is the naturall pulse [Page 147] of the soul, by the beating and Motion of which, the state and temper of men is discernable: The Apostle thus felt the Heathens pulse, and found their consci­ences sometimes accusing them, some­times making Apology for them, yet there's a great deal of difference between the Law of Conscience and the Morall Law, for as the Lawyers plead, it is Dictamen practicum in particulari, it is a prosecution and application of this Na­turall Idea of the Law, as providence is of that Divine Idea of the Law.

77. Nay conscience sometimes doth embrace only the shadow of a Law, and doth engage men, though erroneously, to the observation of that which was never dictated by any just legislative power, nor is it content to glance only at whats to come, but Janus like it has a double Aspect; and so looks back to whats past, as to call men to a strict account for every violation of this Law.

78. Which Law is so accurate as to oblige men, not only ad actum but ad mo­dum also: it lookes as well to the in­ward [Page 148] form and manner, as to the Materiality and bulk of outward Actions: for every being owes thus much kindness and curtesie to it selfe, not only to put forth such acts as are essential and intrin­secal to its own welfare; but also to de­light in them, and to fulfil them with all possible freenesse and Alacrity, with the greatest intensnesse and complacency, selfe love alone might easily constraine men to this naturall obedience. Hu­mane Lawes indeed rest satisfied with a visible and externall obedience; but natures Law darts it selfe into the most intimate Essentialls, and lookes for en­tertainment there.

79. You know that amongst the Mo­ralists only such Acts are esteemed Actus Humani that are Actus voluntarii: when my Natural Idea hath tuned a Ra­tionall being, she expects that every string, every faculty should spontane­ously sound forth his praise.

80. And the Divine Jdea that hath not chain'd nor fetter'd, nor enslaved my Naturall Jdea, but has given it a com­petent [Page 149] liberty and enlargement; the free diffusion and amplification of its own essence; he lookes withall that it should willingly consent to its own hap­pinesse, and to all such means as are necessary for the accomplishment of its choycest end: and that it should totally abhor whatsoever is prejudicial to its own being, which if it do, it will pre­sently embrace The Jdea of the Law, if it either love its God and King, or it self, and the welfare of the People, The command of its God and the King, or the good of it selfe and happinesse of the People.

81. Nay the precepts of this Idea of the Law, are so potent and triumphant, as that some acts, which rebel against it, become not only illicit but irrite, as both the Counsellors and Atturneys observe, they are not only irregularities, but meer nullities, and that either ob defectum po­testatis & incapacitatem materiae, as if one should goe about to give the same thing to two severall persons; the second Donation is a Mo­rall non entity, or else propter perpe­tuam [Page 150] rei indecentiam, & turpitudinem Durantem; as in some an omalous and incestuous Marriage; And this Idea of the Law is so exact, that it is not Capa­ble of an [...], with the Lawyers Emendatio legis: but there is no mend­ing of Essences, nor of Essentiall Laws, both which consist in puncto, in indivisibi­li, & so cannot Recipere magis & minus, nor is there any need of it, for in this Law there is no rigour at all, it is a pure praetorian Court of equity, and so nothing is to be abated of it, neither doth it depend only a mente Legislatoris, which is the usuall rise of mitigation; but it is conversant about such acts as are per se tales, most intrinsecally and inseparably.

82. Yet Notwithstanding this Law doth not refuse an interpretation, but the Naturall Idea doth glosse and As­pect upon her soul the Divine Idea, as in what circumstances such an act is to be esteemed murder, and when not; and so in many other branches of the Idea of the Law, if there be any appearance of intricacy, any seeming knot and dif­ficultly, the King will give edge enough to cut it asunder: There are many Lawes [Page 151] and statutes in England, Scotland, and Ireland, bordering upon this Idea of the Law, Jus gentium, juri naturali propin­quum & consanguineum, and it is medi­um quoddam inter jus naturale & jus civile. Now this Jus gentium is either per similitudinem & concomitatiam, when severall nations have yet some of the same positive Lawes, or else (which in­deed is most properly [...]) per communicationem & societatem, which as Mr. Tho. Hobs describes, ab omnium vel multarum gentium voluntate vim obligandi accipit, i. e. when all or many of the most refined Nations bunching and clustring together, do bind themselves by gene­rall compact to the observation of such Laws, as they judge to be for the good of them all, As the Honou­rable entertainment of an Embassadour, or such like.

83. So that it is jus humanum non scriptum it is [...] for as Theodosius tells me, usu exigente & hu­manis necessitatibus, Gentes humanae quae­dam sibijura constituerunt. Whereas other humane Lawes have a narrower sphere [Page 152] and compasse, and are limited to such a state as William Prinne Esq stiles leges populares, the Hebrews call their posi­tive Lawes, [...] sometimes [...], Though the one do more properly point at Ceremonials, the o­ther at Judicials: Plotinus renders them [...]. Abaris calls them [...], as some call naturall Laws [...] which the Mosaicall Philosophers render [...] but according to the Greek Idiom these are termed [...] and the others [...]. Now, though the formality of Humane Lawes do flow immediately from the power of some particular men, yet the strength and smew of these Lawes is founded in the Idea of the Law, or Moral, and Naturall Lawes: for my Idea doth permissively give them leave to make such Lawes as are for their greater con­venience: and when they are made, and whilest they are in their force and vigour, it doth command and oblige them not to break or violate them; for they are to esteem their owne consent as a sacred thing; they are not to contradict their owne acts, [Page 153] nor to oppose such commands, as ex pacto were framed and constituted by themselves.

And thus much in defence of one hundred and thirty paragraphs of my Idea of the Law: which I have explained and amplified by the Idea of Govern­ment, which is the King.

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 [Page 2] 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 [Page 3] 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 [Page 4] 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? [...]e pretended a [Page 5] 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 I [...]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.

[Page 6]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 [Page 7] with the Innocence of his blood; the nobles we have disenobled, the kennel­rakers 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 a lawlesse Army, and justly too, being we deserve no better then to become slaves to our servants, when our pertinacy could not brook to yield loyall obedi­ence to our Masters.

11. But behold Providence (we say) hath most miraculously restored us again to the management of our just authority, O Infernall Impudence! to attribute our Rebellions and usurpation to the hea­venly care, making God not onely ac­cessary [Page 8] to our most execrable wickedness, but the prime agent in all our impi­ous machinations, when we should fear rather, that the sins wherewith we have provoked him, are not yet ripe for our se­verer chastisement; we have twice al­ready felt the vengeance of his dreadfull hand, & if we persevere in our perversity, we shall yet suffer greater testimonies of of his indignation; the divine Justice is not to be corrupted by bribery, nor shall villanies goe unpunished, unlesse repentance prove their advocate.

12. How my Compatriotes have been misled, and how most egregiously abused the sequestrations, impositions, excises, exactions, oppressions, and divers other exorbitant enormities (of whose smart they are most justly sensible) do sufficiently evidence; how under colour of Religion and some sup­posed miscarriages of persons, who had the free care of our Soveraign, they have been trapanned into Rebellion, is enough notorious to the world, how usurpers, tyrants and traytors are en­riched with the spoiles of the innocent [Page 9] is evident to too too many, who dayly groan for their miseries, how all the three Nations doe generally suffer by the disreglement of our Government, it is both sensible and visible to us all; Jayles, racks, gibbets, and scaffolds be­ing the sole portion of the Loyall; to repaire which mischiefs, and to pre­vent their perpetuity, is the most con­cerning interest of this most distressed nation to effect; but hoc opus hic labor est.

13. If we struggle for the mainte­nance of that cause, which hath alrea­dy cost us such an Ocean of blood, and such an incredible treasure, and enter­tain that fruitlesse warre against the Spa­niard, it cannot be supported but by the effusion of more, and the utter destru­ction of all the three nations violence, oppression, and massacry being the un­doubted concommitants of so pernicious a resolution.

14. What is't that we pretend unto by the continuation of our present go­verment? a felicity, and a constant one; [Page 10] what certainty thereof can our weake hopes promise us: the various mutations we have already had, are strong ar­guments we are in possibility of more; yet to support this fraile Idol, the whole land must be condemned to an insup­portable bondage without hope either of release or intermission; nay admit no private discords among our selves did ge­nerate a new mutation; admit the whole nation did unanimously espouse the Go­vernment of a Common-wealth, and that we had an army as invincible as it hath always bin formidable for the main­tenance of our cause; all this ensures not a permanency nor extenuates the sufferings of the Subjects.

15 Armies by Sea and land cannot be entertained but with the vast con­sumption of treasure, and this must bee squez'd out of the lively-hood of poor vassals, the sweat of whose brows can­not earne a sufficiency for the nutriment of his own family; yet must wee have our miseries perpetuated to justifie the crimes of usurpers, and to enrich their posterity with the beggery of our own; [Page 11] can we possibly be so stupid as not to be sensible of our interminable servi­tude? can we be so blind as not to behold the charitable care our rulers have of the publick good, when they are so impudent as publikly to vaunt they fight for their own lives and fortunes, not for ours, as if we were obliged both by nature and duty to prop their greatness with our ruine.

16. Rare Patriots indeed, and right worthy Senators to be entrusted with the conservation of their countreys welfare; for the establishment of whose power, the whole Nation must be condemned to a perpetual misery; was this the motive to our fist at thing? hath all the bloud spilt been sacrificed to this intent; have we brought an indelible staine upon the Nation by the death of the King to justi­fie his Judges, have we ruined thou­sands of families to erect fortunes for op­pressours? must the innocent be ac­counted criminal to avouch crimi­nals to be Innocent? now let us no longer be deluded with apparent fancies; [Page 12] if we have a regard to our felicity, let us propose the meanes to attaine to it; as long as we are plun [...]'d in a fathome­less war, we shall not be exempted from the inconveniences depending on't; and wars we cannot avoid, as long as we subscribe to no other govern­ment then the present, under whose Regency our sufferance have been as un­sufferable as innumerable; nor shall we want either revolutions at home, or invasions from abroad, as long as we are disgusted with oppressions in the land, or have so numerous a progenie of war­like Princes to pretend a right to these dominions, whose titles forreigne Prin­ces of the blood, and their Allyes will vigorously stickle, if not out of affection, out of reason of state, not to counte­nance Rebellion against the naturall Prince, least it prove a precedent to their own subjects to practise the like to their prejudice.

17. Our uninterruptable and probably immutable felicity must be purchased by our humble submission to those, who (out soules convince us [...] have a just right to that power, which we have [Page 13] so tyrannically usurped; but our Consci­ence do incessantly allarme us, that the uglinesse of our Crimes are so horrible, that a humane Clemency cannot con­descend to pardon them; Indeed in Justice and rigor we cannot presume to obtaine so undeserved a blessing; but mercy (the highest attribute of Gods goodness) with the affluence of other singular graces are inherent in the souls of his earthly substitutes, who will as bountifully distribute them among his vassals, as the emergencie shall require it, his paternall Jndulgence of his beloved people suffocates his vengeance, and surmounts the horridnesse of our crimes, so rather than to heap mischief on mis­chiefe, and to put a period to our threatn­ing desolations, let us postrate our selves at the feet of mercy, embracing that peace with willingness, which otherwise will be impos'd upon us by force, and let us have no other vengeance to stand in feare of, then that of heaven (whose gracious pardon we ought not also to de­spaire of) disposing our souls to an un­fained contrition, and to a perfect humilitie to beg his gracious re­mission.

[Page 14]To you, O invincible Martialists, let me give a friendly admonition at part­ing; your hands have been made instru­mental to our mischiefs, which served rather as Executioners of rage, then the Pillars of our cause; you had once be­gun with a notable piece of Justice, per­fectionate that Justice for the happi­ness of your Countrey, and the redemp­tion of those evils acted under the pro­tection of your power: Remember whose you were at your birth; forfeit not your birth-right for the complyance with a­varice and ambition; a visible venge­ance 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 [Page 15] 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.