1. WHen GOD had made the Heavens and the Earth; the Mundus vitae, the World of Life, and Formes or 〈 in non-Latin alphabet 〉 ; 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 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 〈 in non-Latin alphabet 〉 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: 〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉 (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, 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 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , his good Genius, As Moſes from Jao, that is Jehovah; 〈 in non-Latin alphabet 〉 , But they ſpeak like meer Hyſtorians in the buſineſs that ſay ſo, 〈 in non-Latin alphabet 〉 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, 〈 in non-Latin alphabet 〉 ; (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 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, 〈 in non-Latin alphabet 〉 &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 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 〈 in non-Latin alphabet 〉 , (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 〈 in non-Latin alphabet 〉 tyrannical devile: But this is but a digreſſion, that which I would briefly have intimated is, how Lawes were received, and how Politickly 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 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, 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 〈 in non-Latin alphabet 〉 , (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 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 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.

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 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 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.

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 depend upon theſe: The Politick part of all Law is this following, which ought, as I have preſcribed, to be practiſed according to the Baſis of Moſes and the Prophets, and Chriſt and his Diſciples. The Method adviſes you how to rectifie the Errors of all Courts after this order in the Paragraphs, grounded, as you heard before, in the Old and new Teſtament. And theſe Rules you muſt obſerve.

36. In all Civill Society either Law or Power prevails; for there is a Power which pretends Law, and ſome Lawes taſte rather of might than right, Wherefore there is a threefold Source of injuſtice: Cunning Illaqueation, under color of Law, and the harſhneſs of Law it ſelf.

37. The Force and Efficacy of private Right is this; He that doth a wrong by the Fact, receives Profit or Pleaſure, by the Example, incurrs Prejudice and Peril: others are not Partners with him in his Profit or Pleaſure; but take themſelves intereſſed in the Example, and therefore eaſily combine and accord together to ſecure themſelves by Lawes, leſt Injuries by turns ſeize upon every Particular: But, if through the corrupt Humor of the Times, and the generalty of guilt, it fall out, that to the greater number, and the more potent, Danger is rather created than avoided, by ſuch a Law: Faction diſanulls the Law, which often comes to paſs.

38. Private Right is under the Protection of Publick Law: For Lawes are for the People, Magiſtrates for Lawes. The Authority of Magiſtrates depends upon the Majeſty of Kings, and the forme of Policy, upon Lawes Fundamental: Wherefore if this Government be good, ſound, and healthfull, Lawes will be to good purpoſe: If otherwiſe, there will be little ſecurity in them.

Yet notwithſtanding, the end of Publique Law is not only to be a guardian to private right, leſt that ſhould any way be violated, or to repreſs Injuries, but it is extended alſo, unto Religion, and Armes, and Diſcipline, and Ornaments, and Wealth. Finally, to all things which any way conduce unto the proſperous eſtate of a Commonwealth.

39. For the end and aim at which Lawes ſhould level, and whereto they ſhould direct their Decrees and Sanctions, is no other than this, That the people may live happily: This will be brought to paſs, if they be rightly train'd up in Piety, and Religion, if they be honeſt for moral converſation, ſecur'd by Armes againſt Forraign Enemies, munited by Lawes againſt Seditions and private wrongs: Obedient to Government and Magiſtrates: Rich and flouriſhing in Forces and wealth: But the Inſtruments and Sinnes of all bleſſings are Lawes.

40. And to this end, the Lawes we receiv'd ſucceſſively, by Moſes, were firſt from God, and then from him by Joſuah, and from Joſhua by the 70 Elders, &c. But the beſt Lawes we received from Chriſt, the Apoſtles delivered them to the Biſhops, &c. And the end they attain, you read before: But many Lawes miſs this mark: For there is great difference and a wilde diſtance in the comparative value and virtue of Lawes: For ſome Lawes are excellent, ſome of a middle temper, others altogether corrupt. I will exhibite, according to the meaſure of my Judgment ſome certain Lawes (as it were) of Lawes, whereby Information may be taken, what in all Lawes is well or ill received by Maſſora, and eſtabliſhed, or by Tradition tinctur'd with the virtue or vice of the Judges, and their Brethren.

41. But before I deſcend to the Body of Lawes in particular, I will briefly write the Merit and Excellency of Lawes in general: A Law may be held good, that is certain in the Intimation, juſt in the Precept, profitable in the Execution, Agreeing with the Form of Government, in the preſent State, and begetting virtue in thoſe that live under them.

42. Certainty is ſo Eſſential to a Law, as, without it a Law cannot be juſt, Si enim incertam vocem det Tuba, quis ſe parabit ad Bellum: So, if the Law give an uncertain ſound, who ſhall prepare himſelf to obey: A law muſt give warning before it ſtrike: And you do not read, that Cain killed any after God had marked him: and it is a good Preſident, That is the beſt Law which gives leaſt Liberty to the Arbitrage of the Judg (and that is the reaſon of Moſes his ſtrict charge to the people, that they ſhould not come nigh the Mountain) which is that the certainty thereof effecteth.

43. Incertainty of Lawes is of two ſorts, One, where no Law is preſcribed: The other, when a Law is difficile and Dark: I muſt therefore firſt ſpeak of Cauſes omitted in the Law, that in theſe likewiſe there may be found ſome Preſident of certainty.

44. The narrow compaſs of man's wiſdome cannot comprehend all Caſes which time hath found out: and therefore New Caſes do often preſent themſelves. In theſe Caſes there is applyed a threefold Remedy or Supplement, either by a Proceeding upon like Caſes, or by the uſe of Examples, though they be not grown up into Law, or by Juriſdictions, which award, according to the Arbitrement of ſome Good Man, Moſes or Chriſt; as you may read in the Old and New Teſtament, how Controverſies were decided, according to ſound Judgment, whether in Courts Pretorian, or of Equity, or Courts Cenſorian, or of Penalty.

45. In new Caſes your Rule of Law is to be deduced from Caſes of like nature, but with Caution and Judgment, touching which theſe Rules following are to be obſerved: Let Reaſon be fruitfull, and Cuſtome be barren, and not breed new Caſes; Wherefore, whatſoever is accepted againſt the ſence and Reaſon of a Law: or elſe, where the Reaſon thereof is not apparent, the ſame muſt not be drawn into Conſequence.

46. A ſingular publick Good doth neceſſarily introduce Caſes pretermitted; Wherefore, when a Law doth notably and extraordinarily reſpect, and procure the Profit and Advantage of a State. Let their Interpretation be ample and extenſive. It is a hard caſe to torture Laws, that they may torture men: I would not therefore that Lawes penal, much leſs capital, ſhould be extended to new Offences: Yet, if it be an old Crime, and known to the Lawes, but the Proſecution thereof falls upon a new Caſe, not foreſeen by the Lawes, You muſt, by all means depart from the Placits of Law, rather than that offences paſs unpuniſh'd.

47. In thoſe Statutes which the Common Law (eſpecially concerning Caſes frequently incident, and are of long continuance) doth abſolutely repeal, I like not the Proceeding by Similitude unto New Caſes: For, when a State hath for a long time wanted a whole Law, and that, in caſes expreſs'd, there is no great danger, if the Caſes omitted expect a Remedy by a New Statute.

48. Such Conſtitutions as were manifeſtly the Lawes of time, and ſprung up from 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 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.

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 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.

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 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 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 Writers of Hiſtory, but from publique Acts, and more diligent Traditions: The Hebrew word is, 〈 in non-Latin alphabet 〉 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 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 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 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 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 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 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.

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: 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 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 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 there be no mention of time paſt, yet by the force of the Declaration, it is by all meanes to be extended to matters paſt, for the Interpretation doth not then begin to be in force, when it is declared, but is made contemporary with the Law it ſelf, wherefore never enact declaratory Laws but in caſes where Laws may in equity refer and look back one upon another: and thus I have ſhewen you the incertitude of Laws alſo; where no Law is found, I ſhall now engroſs the imperfections, perplexity and obſcurity of Laws.

83. Obſcurity of Laws ſpring from four cauſes: either from the exceſſive accumulation of Laws, ſpecially where there is a mixture of obſolete Laws; or from an ambiguous, or not ſo perſpicuous and delucide deſcription of Laws: or from the manner of expounding Law, either altogether neglected, or not rightly purſued: or laſtly, from contradiction and incertainty of Judgments,

84. The Prophetical Law-giver ſaith, Pluet ſuper eos Laqueos, now there are no worſe ſnares than the ſnares of Laws ſpecially penal, if they be immenſe for number; and through the alterations of times unprofitable; they do not preſent a torch, but ſpread a net to our feet.

85. There are two wayes in uſe of making a new Statute, the one eſtabliſheth and ſtrengthens the former Statute about the ſame Ject: and then adds and changes ſomething; the other abrogates and cancels what was decreed before, and ſubſtitutes de integro, a new and uniforme Law, the latter way I approve: for by the former way Decrees become complicate and perplext; yet what is undertaken is indeed purſued: but the body of Law is the mean time corrupted; but certainly the more diligence is required in the latter where the deliberation is of the Law it ſelf, that is, the Decrees heretofore made are to be ſearched into and duely weighed and examined before the Law be publiſhed; but but the cheif point is, that by this meanes the Harmony of Lawes is notably deſigned fot the future.

86. It was a cuſtome in the State of Athens, to deligate ſix perſons for to reviſe and examine every year the contrary Titles of Law, which they called Antinomies, and ſuch as could not be reconciled, were propounded to the people, that ſome certainty might be defined touching them, after this Example let ſuch in every State, as have the power of making Lawes, review Anti-nomies every third or fift year, or as they ſee cauſe: And theſe may be ſearch't into and prepared by Committees aſſigned therto and after that exhibited to Aſſemblies, that ſo what ſhall be approv'd may be ſuffrages, be eſtabliſht and ſetled.

87. Now let there not be too ſcrupulous and anxious pains taken in reconciling contrary Titles of Law, and of Salving (as Mr Phillip Green terms it) all points by ſubtil and Studie Diſtinctions, for this is the web of wit, and however it may carry a ſhew of modeſty and reverence, yet it is to be reckoned in the number of things prejudicial, and being that which makes the whole body of Law ill ſorted and incoherent; it were far better that the worſt Titles were cancell'd, and the reſt ſtand in force.

88. I adviſe you to let ſuch Lawes as are obſolete or growen out of uſe, as well as Anti-nomies, be propounded by delegates as a part of their charg to be repeall'd: for ſeeing expreſs Statute cannot regurarly be voyded by Diſuſe, it fals out that through a Diſeſtimation of Old Laws, the Authority of the reſt is ſomewhat embaſed: And the Cromwells Tyrannical Torture enſues, that Lawes alive are murthered and deſtroyed in the feare of God, with the deceitfull imbracements of Lawes dead: But above all beware of a Gangreen in Lawes.

89. For ſuch Lawes as are not lately publiſhed let the Pretorian Courts have power, in the mean ſpace, to define centrary to them; for although it hath been ſaid, not impertinently, No man ought to make himſelf wiſer then the Lawes: yet this may be underſtood of Lawes, when they are awake, not when they are aſleep: on the other ſide let not the more recent Statutes, which are found prejudicial to the Law publique be in the power of the Judges, but in the power of the King and the Counſellors of Eſtate, and ſupreem Authorities for redreſs, by ſuſpending their execution through Edicts and Acts, until Parliamentary Courts, and ſuch High Aſſemblies meet again, which have power to abrogate them, leaſt the ſafty of the Commonwealth ſhould in the mean while be endanger'd.

90. If Lawes accumulated upon Lawes, ſwell into ſuch vaſt volumes, or be obnoctious to ſuch confuſion, that it is expedient to reviſe them a new, and to reduce them into a ſound and ſolid body, intend it by all means and let ſuch a work be reputed an Heroicall noble work: and let the Author of ſuch a work, be rightly and deſervedly ranckt in the number of The Right Worſh. Ralph Gardener, Eſq Juſtice of Peace and Councellor of Eſtate to the Supream Authority of England &c. And ſuch Founders and Reſtorers of Law.

91. This purging of Lawes, and the contriving of a new Digeſt is five wayes accompliſht; firſt let obſolete Lawes which Mr. Thomas Heydon terms, old fables be left out. Secondly, Let the moſt approved of Antinomies be received, the contrary aboliſh't. Thirdly, Let all coincident Laws which import the ſame thing be expung'd, and ſome one, the moſt perfect among them retain'd of all the reſt: Fourthly, If there be any Laws which determine nothing, but only propound Queſtions, and ſo leave them undecided, let theſe likewiſe be Caſheer'd. Laſtly, let Laws too wordy and too prolix, be abridged into a more narrow compaſs.

92. And it will import very much for uſe, to compoſe and ſort apart in a new Digeſt of Laws, Law recepted for Common Law, which in regard of their beginning are time out of mind, And on the other ſide, Statutes ſuper-added from time to time: ſeeing in the delivery of a Juridical ſentence the Interpretation of Common Law, and Statute Laws, in many points is not the ſame: This Judg Roll. did in the Digeſts and Code.

93. But in this Regeneration and new Structure of Laws, retain preciſely the Words and the Text of the Ancient Laws, and of the Books of Law, though it muſt needs fall out that ſuch Collection muſt be made by Centoes and ſmaller portions: then ſort them in order: for although this might have been performed more aptly, and (if you reſpect right reaſon) more truely, by a new Text, than by ſuch a Conſarcination, yet in Laws, not ſo much the Stile and Deſcription, as Authority, and the Patron thereof, Antiquity, you muſt carefully obſerve, otherwiſe ſuch a work might ſeem a Scholaſtick buſineſs, and Method, rather than a body of Commanding Laws.

94. In this new Method of Laws, upon good advertiſement a Caveat hath been put in; that the Ancient volumes of Law ſhall be utterly extinguiſht, and periſh in oblivion, but at leaſt remain in Libraries, though the common and promiſcuous uſe thereof might be retained; for in Caſes of weighty conſequence, it will not be amiſs to conſult and look into the mutation and continuation of Laws paſt: and indeed it is uſually to ſprinckle modern matters with Antiquity, and this new body of Law muſt be confirmed only by ſuch, who in every State have the power of making Laws, leaſt perchance under colour of digeſting Ancient Laws, new Laws under hand be conveyed in.

95. I could wiſh that this Idea of Laws might be Peruſed, Practiſed, and Exalted, in the underſtanding of Learned and Wiſe men: in ſuch times as now when Philoſophy, Reaſon, Nature, and Experience, excels thoſe more Ancient times, whoſe Acts and Deeds they recognize: which fell out otherwiſe in Acts of Oliver Cromwell; For it is a great unhappineſs to the people, when the deeds of Henry the eight muſt be impoſed upon them Tirannically maimed and compiled by the Judgment and choice of a leſs wiſe and Learned man. Thus have I ſhewed you the obſcurity of Laws ariſing from the exceſſive and confuſed accumulation thereof: I ſhall next ſpeak of the dark and doubtfull deſcription of them.

96. Obſcure deſcription of Laws ariſe either from the Loquacity 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 ſetting down Laws I diſlike: neither doth ſuch a writer any way compaſs what he deſires, and labours for, but rather the quite contrary: For, while a man endeavors to purſue and expreſs every particular caſe in apt and proper tearms, hoping to gain more certitude thereby, contrary-wiſe it fals out that through many words, multitude of Queſtions are engendred: ſo as more ſound and ſolid interpretation of Law according to the genuine ſence and mind thereof is much intercepted through the noiſe of words.

98. And yet notwithſtanding a too conciſe and affected brevity for Majeſties ſake, or as more imperial, is not therefore to be approved ſpecially in theſe times, leaſt Law become perchance a Lesbian Rule: wherefore a middle temper'd ſtile is to be imbraced: and a generallity of words well ſtated to be ſought out; which though it do not ſo throughly purſue Caſes comprehended, yet it excludes Caſes not comprehended deerly enough.

99. Yet in ordinary and politick Laws and Edicts, wherein for moſt part no man adviſeth with his Counſil, but truſteth to his own Judgment, all ſhall be more amply explicated and pointed out, as it were with the finger, even to the meaneſt Capacity.

100. So neither ſhould I allow of preambles to Laws which amongſt the Ancients were held impertinencies, and which introduce diſputing and not Commanding Laws: If I could well away with Ancient cuſtomes: But theſe prefaces commonly (as the times are now) are neceſſary prefixt, not ſo much for explication of Law, as for perſwaſion that ſuch a Law, may paſs in the ſolemn meeting of a State, and again to give ſatisfaction to the Communalty, yet ſo far as poſſible may be, let Prologues be avoided and the Law begin with a Command.

101. The mind and meaning of a Law though ſometimes it may be drawn not improperly from Prefaces and Preambles, (as they term them) yet the Latitude and Extention thereof muſt not be fetcht from thence, for a Preamble by way of Example, ſometimes fetcheth in, Layes hold upon ſome of the moſt plauſible and moſt ſpecious paſſages; when yet the Law compriſeth many more: or on the contrary, the Law reſtraines and limits many Caſes, the reaſon of which limitations to inſert in the preface were ſuperfluous, wherefore the dimention and Latitude of a Law, muſt be taken from the body of a Law: for a Preamble often fals either ſhort or over.

102. And there is a very vitious manner of Recording of Laws, that is, when the Caſe at which the Law aimeth, is expreſt at large in the Preamble, afterwards from the force of the word (the like) or ſome ſuch term of relation, the body of a Law is reverſt into the Preamble, ſo as the Preamble is inſerted and incorporated into the Law it ſelf, which is an obſcure & not ſo ſafe a courſe, becauſe the ſame diligence uſeth not to be taken in pondering and examining the works of a Preamble, as there uſeth to be done in the body of a Law it ſelf. Touching the incertainty of laws proceeding from an ill deſcription of them, I ſhall handle more at large hereafter, if this be acceptable: I ſhall next teach you how to expound Laws, and by what wayes.

103. The wayes of expounding Law and Solving doubts are five: for this is done either by Court Rolls and Records, or by Authentique writs: or by Subſidiary books or by prelections, or by reſponſes and reſolutions of wiſe men, all theſe if they be well inſtituted and ſet down, will be ſingular helps at hand againſt the obſcurity and errors of Laws.

104. Now eſpecially above all, let the Judgments delivered in higher and principal Courts of Judicature, and in matters of grave importance, ſpecially dubious, and which have ſome difficulty and newneſs in them, be taken with faith and diligence: for Decrees are the Anchors of Law, as Laws are of the Republick.

105. The manner of collecting ſuch Judgments and reporting them let this be, Regiſter the Caſe preciſely, the Judgments exactly; annex the reaſons of the Judgments alleadged by the Judges, mingle not Authorities of caſes brought for example with caſes principal, as for perorations of Sarjeants, Counſellors, and Barreſters &c. Unleſs there be ſomething in them very remarkeable, paſs them over with ſilence.

106. The perſons which ſhould collect theſe Judgments, • 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; 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 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 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 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.

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 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. 〈 in non-Latin alphabet 〉 , 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 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. 〈 in non-Latin alphabet 〉 (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, 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 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 and Counſels, be recorded and notified amongſt Caſes adjudged, and be of equal Authority.

125. Next in order let your Lectures of Law, and the exerciſe of thoſe that addreſs themſelves to the Studies of Law, be ſo inſtituted and ordered, that all may tend rather to the laying aſleep, than the awaking of Queſtions and Controverſies in Law For (as the matter is now carried) a School is ſet up, and open amongſt all, to the multiplying of Alterations and Queſtions in Law: as if their aime was only to make oſtentation of wit; and this is an old deſeaſe, for even amongſt the Ancients, it was, as it were, a glory, by Sects and Factions to cheriſh rather than extinguiſh many Queſtions concerning Law. Provide againſt this inconvenience.

126. Judgments become incertain either through immature and too precipitate preceedings to ſentence; or through Emulation of Courts; or through ill and unskilful regiſtring of Judgments; or becauſe there is a too eaſie and expedite way open of reverſing and reſcinding them, wherefore it muſt be provided that Judgments Iſſue forth not without a ſtaid deliberation had aforehand, and that Courts bare a reverent reſpect to one another, and that Decrees be drawn up faithfully and wiſely; and that the way to repeal Judgments be narrow, rocky and ſtrewed as it were with ſharp ſtones.

127. If a Iudgment hath been awarded upon a caſe in a principal Court, and the like caſe intervene in another Court, proceed not to ſentence before the matter be adviſed upon in ſome ſolemn Aſſembly of Judges: for if Judgments awarded muſt needs be repeal'd, yet let them be interred with Honour.

128. For Courts to be at debate and variance about Juriſdictions is a humane frailty; and the more becauſe this intemperance, through a miſpriſion and vain conceit (that it is part of a ſtout reſolute Judg, to enlarge the priviledges of the Court,) is openly countenanced and ſpurred on, whereas it hath need of the bridle: but that out of this heat of ſtomack Courts ſhould ſo eaſily reverſe on both ſides Judgments awarded, which nothing pertain to Juriſdiction, is an inſufferable evil, which by all means ſhould be repreſſ'd and puniſht by Kings or Counſels of State, or the form of Government, for it is a preſident of the worſt Example, that Courts, that ſhould diſtribute peace, ſhould themſelves practice Duels.

129. Let there not be too eaſie and free paſſage made to the repealing of Judgments by appellations, and writs of Errors or re-examination, &c. It is maintained, by a Judg in the Common Pleas, that a Suit may be brought into a higher Court, as entire & untried, the Judgment paſt upon it ſet aſide but the execution thereof may be ſtaid; in the Kings Bench is of opinion that the Judgment it may ſtand in force, but the execution thereof may be ſtaid; neither of theſe is to be allowed, unleſs the Courts wherein the Judgment was awarded were of a baſe and inferiour Order, but rather that both the Judgment ſtand, and the execution thereof go on, ſo a Caveat be put in by the Defendant for damages and charges if the Judgnent ſhould be reverſt.

130. Now all they which have written of Laws hitherto; have handled many things goodly for diſcourſe but remote from uſe; that I ave written is received from the beſt preſidents • 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, And how Moſes received them from 〈 in non-Latin alphabet 〉 (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: 〈 in non-Latin alphabet 〉 (i. e.) And thus ſhall he come again to Judgment, as he was ſeen to go up anſwerable to what he himſelf ſaid, as the Lightning commeth out of the Eaſt and ſhineth unto the weſt ſo ſhall alſo the coming of the Son of man be &c. therfore let us ſerve God, whoſe Divine Majeſty I humbly implore through his Son, and our Saviour, that he would vouchſafe gratiouſly to direct and accept theſe and ſuch like Sacrifices of hum • ne underſtanding, ſeaſoned with Religion as with ſalt, and incenſed to his glory.

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 way, you make not your recourſe to the cuſtomary conceits of your fancy, but conſult with your free Reaſon, 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 , and 〈 in non-Latin alphabet 〉 ; though ſin be properly 〈 in non-Latin alphabet 〉 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 〈 in non-Latin alphabet 〉 & 〈 in non-Latin alphabet 〉 that is in Laws. 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 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 of it neither. Firſt he tells me that Laws are 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , Decretum civitatis, yet becauſe the Maſs and bulk of people, the rude heap and undigeſted lump of the multitude may ſeek to eſtabliſh 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , inventio ejus quod verè eſt, where it is very remarkable what this Philoſopher means by 〈 in non-Latin alphabet 〉 , by which he is wont uſually to point out a Deity, which is ſtiled by Ariſtotle 〈 in non-Latin alphabet 〉 , but it is not capable of this ſenſe here, for thus Laws are not 〈 in non-Latin alphabet 〉 but rather 〈 in non-Latin alphabet 〉 , Lex eſt inventio vel donum Dei, 〈 in non-Latin alphabet 〉 therefore in this place ſpeaks theſe two particulars, 〈 in non-Latin alphabet 〉 . for all rectitude has a being, and flows from the Fountain of being, whereas obliquities and irregularities are meer privations, and non-entities; and 'tis a notable ſpeech in Plato, 〈 in non-Latin alphabet 〉 the very ſame expreſſion which the Apoſtle gives to the Law of God, when he calls it The Royal Law; 〈 in non-Latin alphabet 〉 implies 〈 in non-Latin alphabet 〉 ; 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 〈 in non-Latin alphabet 〉 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, 〈 in non-Latin alphabet 〉 , and that only is countenanced from heaven 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 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 them: and 〈 in non-Latin alphabet 〉 , 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, 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 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 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 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, 〈 in non-Latin alphabet 〉 , 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 darting out thoſe warm and amiable, and cheriſhing 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 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 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, 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 . 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.

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 〈 in non-Latin alphabet 〉 that is to rule and guide him, and therefore Juſtice was painted blind, though ipſa Lex be oculata, for 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 ; 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.

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, 〈 in non-Latin alphabet 〉 . Other Lawes are 〈 in non-Latin alphabet 〉 , 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, 〈 in non-Latin alphabet 〉 . 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,

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 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, 〈 in non-Latin alphabet 〉 , and would willingly heap ſuch honourable Titles as theſe, Prophetically upon it, 〈 in non-Latin alphabet 〉 . And the greateſt happineſs that other Lawes can arrive unto, is this, that they be 〈 in non-Latin alphabet 〉 , 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, 〈 in non-Latin alphabet 〉 ; Or as they would chuſe to ſtile them, 〈 in non-Latin alphabet 〉 , ſome ſhadows and appearances of this bright and glorious Law, or at the beſt they would be eſteemed of them but 〈 in non-Latin alphabet 〉 , the noble Off-ſpring and Progeny of Lawes, bleſſing this womb that bare them, and this breaſt that gave them ſuck.

19. And now the Law of Nature would have a double portion, as being Lex primo-genita, the firſt-born of the Law of God, and the beginning of its ſtrength. Now as God himſelf ſhews ſomewhat of his face in the glaſs of his creature, ſo the beauty of this Law gives ſome repreſentations of it ſelf in thoſe pure derivations of inferiour Laws that ſtream from it: And as we aſcend to the firſt and ſupream being, by the ſteps of ſecond cauſes; ſo we may climb to a ſight of this eternal Law, by thoſe fruitfull branches of ſecondary Lawes, which ſeem to have their root in earth, when as indeed it is in heaven; and that I may vary a little that of the Apoſtle to the Romans, The inviſible Law of God long before the creation of the world, is now cleerly ſeen, being underſtood by thoſe Laws which do appear, ſo that 〈 in non-Latin alphabet 〉 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 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 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 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 the Golden Scepter, by which God himſelf Rules and Commands: for as all Protestant Kings have a bright ſtamp of Divine Soveraignty, ſo his Juſtice, Kings and Lawes are annointed by God himſelfe, and moſt Precious oyl drops down uppon them to the Skirts of a Nation. And the Divine and Natural Jdea of the Law had the oyle of gladneſſe poured upon it above its fellowes.

23. So then, that there is ſuch a primo and Supream Law is clear, and unqueſtionable, Moſes is ſufficient defence for that: But who is worthy to unſeale and open this Law, and who can ſufficiently diſplay the glory of it, you had need of a Moſes that could aſcend up into the Mount, and converſe with God himſelfe, and yet when he came down he would be faine to put a vaile upon his face, and upon his expreſſions, leſt otherwiſe he might dazle inferiour underſtandings, but if the Law-givers will ſatisfie you (and you know ſome of them are ſtiled Angelical, and Seraphicall) you ſhall hear, if you will, what they I ſay to it.

24. Now this Law according to them is Aeterna quaedam ratio practica totius diſpoſitionis, & gubernationis univerſalis, '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 own Eſſence, which is ſo infinite, and that it cannot bind it ſelf, and which needs no law, all goodneſſe and perfection being ſo intrinſecall and eſſentiall to it: but it was a binding determination in reference to the Creature, which yet in reſpect of all Irrational beings, did only fortiter inclinare, but in reſpect of Rationals, it does formaliter obligare.

25. By theſe thirty five verſes of this great and glorious Law, you muſt underſtand, every good Action was commanded, and all evil was diſcountenanced, and ſo bidden from everlaſting; according to this Righteous Law all rewards and puniſhments were diſtributed in the eternall thoughts of God. At this command of this Law all created beings took their ſeverall ranks and ſtations, and put themſelves in ſuch operations as were beſt agreeable and conformable to their beings; by this Law all eſſences were ordained to their ends by moſt happy and convenient means. The life and vigour of this Law ſprang from the will of God himſelfe, from the voluntary decree of that eternal Law-giver, minding the publick welfare of beings: who when there were heaps of varieties and poſſibilities in his own moſt glorious thoughts, when he could have made ſuch or ſuch words in this or that manner, in this or that time, with ſuch ſpecies that ſhould have had more or fewer individualls, as he pleaſed, with ſuch operations as he would allow unto them, he did then ſelect and pitch upon this way and Method, in which you ſee things now conſtituted; and did bind all things according to their ſeveral capacities to an exact and accurate obſervation of it.

26. So that by this you ſee how thoſe Divine Idea's in the mind of God, and this Idea of the Law, do differ. I ſpeak now of Idea's, not in a Platonical ſenſe, but in a Lawyers, or my own (unleſs they both agree, as ſome would have them) for Jdea eſt poſſibilium, lex tantùm 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 has force and efficacy from his will; according to that much commended ſaying of my Kinſman Mr. Thomas Heydon, in Coeleſti & Angelica curia, voluntas Dei lex eſt, And then Idea doe's magis reſpicere Artificem, it ſtays there where firſt it was: but a Law does potius reſpicere ſubditum, it calls for the obedience of another, as Mr. Sarjeant Twiſden does very well difference them.

27. Neither yet is this Idea of the Law the ſame with the providence of God, though that be an Jdea alſo, but as Mr. Cook ſpeaks, So Lex ſe habet ad providentiam, ſicut principium generale ad particulares concluſiones, or if you will, ſicut principia primae practicae ad prudentiam; his meaning is this, that providence is a more punctuall particular application of this binding rule, and is not the Law it ſelfe, but the ſuperending power, which lookes to the execution and accompliſhment of it, or as Judge New degate ſaid, lex dicit jus in Communi Conſtitutum, providentia dicit curam quae de ſingulis actibus haberi debet.

Beſides a Law in its ſtrict and peculiar Notion does only reach to rationall things, whereas providence does extend and ſpread it ſelfe over all. But that which vexes the Lawyer moſt, is this, that they having required promulgation, as a neceſſary condition to the exiſtence of a Law, yet they cannot very eaſily ſhew how the Idea of the Law ſhould be publiſht from everlaſting: But the moſt ſatisfactory account that can be given to that, is this, The other Law-givers being very voluble and mutable, before their mind and will be fully and openly declared, they may have a purpoſe indeed, but it cannot be eſteemed a Law; But in God there being no variableneſs nor ſhadow of turning, this his Law has a binding vertue as ſoone as a being: Yet ſo, as that it does not Actually and formally oblige a Creature, till it be made known unto it: either by a Genius familiar, or ſome Revelation from God himſelf, which is poſſible only, or elſe by the mediation of ſome other Law: of The Idea of the Law, which is the uſuall and conſtant way that God takes for the Promulgation of this his eternall Divine Idea of the Law, for that 〈 in non-Latin alphabet 〉 , That ſacred manu-ſcript which is writ by the finger of God himſelfe in the hears of man, is a plain tranſcript of this Originall Law, ſo far as it concerns mans welfare: And this Genius you ſee doth moſt directly bring me to ſearch out the Naturall Idea of the Law: and this is the interpretation of thirty five paragraphs:

I ſhal in order lay down the cauſe of the nature of the Idea of the Law concerning its ſubject, and interpret ſixty three paragraphs: and give you the Divine ſenſe of them, and you ſhall ſee the ſoule of the Jdea of the Law where it lies under the ſenſe of the letter &c.

28. That Law which is intrinſecall and Eſſentiall to a Rationall Creature, is Natural, and ſuch a Law is as neceſſary as ſuch a creature; for ſuch a creature as a creature hath a ſuperior to whoſe providence and diſpoſing it muſt be ſubject, and then as an Intellectuall Creature it is Capable of a Morall Government, ſo it is very ſuitable and connatural to it to be regulated by a Law, be giuded and commanded by one that is Infinitely more wiſe and intelligent then it ſelf is: and that minds its welfare more then it ſelfe can, Inſomuch that the moſt bright and eminent Creatures, even Angelicall beings, and glorified ſouls are ſubject to a Law, though with ſuch an happy priviledge, as that they cannot violate and tranſgreſs it; whereas the very dregs of entity, the moſt ignoble beings are moſt incapable of a Law: for you know Inanimate beings are carried on only with the vehemency and neceſſity, of Naturall inclinations: Nay ſenſitive beings cannot reach or aſpire to ſo great a perfection as to be wrought upon in ſuch an illuminative way as a Law is: they are not drawne with theſe cords of men, with theſe morall engagements, but in a more Impulſive manner, driven and ſpurred on with ſuch impetuous propenſions as are founded in a matter; which yet are directed by the wiſe and vigilant eye, and by the powerfull hand of a providence to a more beautifull and amiable end, then they themſelves were acquainted with. But yet the Lawyers Mr. Serjeant Maynard Mr. Leigh and others, The Civilians, Mr. John Cleaveland, Doctor Oriens Heydon, and others would fain enlarge the Law of Nature, and would willingly perſwade me, that all ſenſitive creatures muſt be brought within the compaſs of it: For this one of them tells me, Jus naturale est quod natura omnia animalia docuit, nam jus illud non ſolum humani generis est proprium, ſed omnium animalium, quae in terra marique naſcuntur, avium quoque commune eſt. Nay they are ſo confident of it, as that they inſtance in ſeveral particulars, Maris & faeminae conjunctio, Liberorum procreatio, educatio, conſervatio, plurima in tutelam propriam facta, Apium reſpub. columbarum conjugia, but not the Criticks, but the Roſie Crucians alſo do ſufficiently correct our brethren the Lawyers for this their vanity, for ſome of them mean to bring beaſts, birds and fiſhes into their Courts, and to have ſome fees out of them. Perhaps they expect alſo that the doves ſhould take licences before they marry: it may be they require of the Beaſts ſome penitential, (or which will ſuffice them) ſome pecuniary ſatisfaction for all their Adulteries: or it may be the Pope will be ſo favourable, as to give his fellow beaſts ſome diſpenſation for their irregular and incongruous mixtures.

29. But yet notwithſtanding, they proſecute this their notion, and go on to frame this difference between 〈 in non-Latin alphabet 〉 , and 〈 in non-Latin alphabet 〉 , Jus gentium, & Jus natural • , the Law of nature (ſay they) is that which is common with men to irrational creatures alſo: but the Law of Nations is only between men: but this diſtinction is built upon a very ſandy foundation; what the true difference is, I will ſhew you hereafter: Now all that can be pleaded in the behalf of the Lawyers, is this, that they err more in the word then in the reality: They cannot ſufficiently clear this Title of a Law, for that there are ſome clear and viſible ſtamps and impreſſions of nature upon ſenſitive beings, will be eaſily granted them by all, and thoſe inſtances which they bring, are ſo many ocular demonſtrations of it, but that there ſhould a formal obligation lie upon Bruits, that they ſhould be bound to the performance of natural Commands in a legal manner, that there ſhould be a 〈 in non-Latin alphabet 〉 upon them, 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 , 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 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, that doth not deſire its good, 〈 in non-Latin alphabet 〉 , 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 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, 〈 in non-Latin alphabet 〉 , 〈 in non-Latin alphabet 〉 〈 in non-Latin alphabet 〉 , 〈 in non-Latin alphabet 〉 . 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, — Cocunt animalia nullo Caetera delicto, nec habetur turpe juvencae Ferre patrem tergo; fit equo ſua filia con • ux. Quaſque creavit init pecudes caper, ipſaque cujus Semine concepta eſt, ex illo concipit ales. And what though you meet with ſome 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 not in 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 , (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 〈 in non-Latin alphabet 〉 , and 〈 in non-Latin alphabet 〉 , 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: 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, 〈 in non-Latin alphabet 〉 , although the forementioned Critick 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 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 , as Plato ſaith, 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 .

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 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 〈 in non-Latin alphabet 〉 , no 〈 in non-Latin alphabet 〉 , & no 〈 in non-Latin alphabet 〉 : 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 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 〈 in non-Latin alphabet 〉 , and tells me, that it is, 〈 in non-Latin alphabet 〉 , a radical and fundamental knowledge 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, 〈 in non-Latin alphabet 〉 , 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, 〈 in non-Latin alphabet 〉 , 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 〈 in non-Latin alphabet 〉 . 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 〈 in non-Latin alphabet 〉 had deceived them and arreſted them: and when by Hab. Corp. 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 〈 in non-Latin alphabet 〉 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.

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, 〈 in non-Latin alphabet 〉 , Gold in the Lump, whereas other Lawyers and Atturneyes uſe to beat it thinner. And there is a ſort of men termed petty Foggers, that have the voice of Advocates engraffed in them, which either of want of Clyents, or riches, incenſe the poor and ſilly men of the Countrey to go to Law, and hearing their cauſes, affirm them to be good, ſupplying the place of Counſellours, and rayſing up for the value of a ſhilling, great contentions, and do make of a fiery ſparkle a burning flame that deſtroyes many.

46. But to return to the purpoſe of this Law, as it is printed by nature, Dr. Ward tels me, Right reaſon is that fixt and unſhaken Law, not writ in periſhing paper by the hand or pen of a Creature, nor graven like a dead letter upon liveleſs and decaying Pillars, but written with the point of a Diamond, nay, with the finger of God himſelf in the heart of a man: a Deity gave it an Imprimatur; And a Genius gave it in an immortal mind. So as that I may borrow the expreſſion of the Apoſtle, the mind of man is 〈 in non-Latin alphabet 〉 ; And I take it in the very ſame ſence, as it is to be took in the Church. It is a Pillar of this Truth, not to ſupport it, but to hold it forth: neither muſt I forget the ſaying of Mr. Thomas Heydon (ſaith he) the royal Law of Nature was never ſhut up in a priſon, nor never confined or limited to any outward ſurface, but is was bravely ſcituated in the Centre of a rational Being, alwayes keeping the ſoul company, guarding it, and guiding it; ruling all its Subjects (every obedient action) with a Scepter of Gold, and cruſhing in pieces all its enemies, (breaking every rebellious action) with a Rod of Iron.

47. The Idea of the Law, which is the Queen of Angelical and humane Being, doth ſo rule and diſpoſe of them, as to bring about Juſtice, with a moſt high and powerfull, and yet with a moſt ſoft and delicate hand.

48. You may hear Plato excellently diſcourſing of it, whileſt he brings in a Sophister diſputing againſt Socrates, and ſuch an one as would needs undertake to maintain this principle, 〈 in non-Latin alphabet 〉 , That there was an untunable Antipathy between Nature and Law: that Lawes were nothing but Hominum infirmiorum commenta, that this was 〈 in non-Latin alphabet 〉 , the moſt bright and eminent Juſtice of Nature, for men to rule according to power, and according to no other Law: that 〈 in non-Latin alphabet 〉 was 〈 in non-Latin alphabet 〉 and 〈 in non-Latin alphabet 〉 ; that all other Lawes were 〈 in non-Latin alphabet 〉 ; nay he calls them cheatings and bewitchings, 〈 in non-Latin alphabet 〉 , 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, 〈 in non-Latin alphabet 〉 then a Law, that Law is founded in Nature, that it is for the maintaining, and enobling, and perfecting of Nature: Nay; as Plato tels me elſewhere in Philebus, There is no way for men to happineſs, unleſs they follow thoſe ſteps of Reaſon, thoſe foot-ſteps of Nature. This ſame Law L. Verulam doth more then once acknowledge, when he tells me, a poſitive Law with him is a more private Law, but Natures Law is a more publique and catholique Law, which he proves to be a very ſoveraign and commanding Law: for thus he ſaith, The Law that is moſt filled with Reaſon, muſt needs be moſt victorious and triumphant: And thus much in defence of ſixty three Paragraphs of my Idea of the Law.

49. Right it is I ſhould interpret the meaning of twenty eight paragraphs more as they appear in the Jdea of the Law, Reaſon is a moſt beautifull Law, a Law of pure Complexion, of a Natural colour, never fades, never dies; it encourages in obedience with a ſmile, it chides them and frowns them out of wickedneſſe: good men hear the leaſt whiſpering of its pleaſant voice, they obſerve the leaſt glance of its lovely eye, but wicked men will not hear it, though it come to them in thunder; nor take the leaſt notice of it, though it ſhould flaſh out in lightening: None muſt enlarge the Philacteries of this Law, nor muſt any dare to prune off the leaſt branch of it: Nay, the Malice of man cannot totally deface ſo indelible a Beauty. No Pope, nor Protector, nor King, nor Parliament, nor People, nor Angel, nor creature can abſolve you from it This Law never paints its face, It never changes its colour; it does not put on one Aſpect in London, and another face at Weſtminſter: but lookes upon both Royal Cavaleirs and fanatique Roundheads with an impartiall eye, it ſhines upon all Ages and times and conditions, with a perpetual light, it is yeſterday and to day and for ever There is but on Law-giver, one Lord and ſupreame judge of the ſame Law: God bleſſed for ever more. He was the contriver of it, the Commander of it, the publiſher of it, and none can be exempted from it, unleſs he will be baniſht from his own eſſence and be excommunicated from humane nature.

50 This puniſhment would have ſting enough, if he ſhould avoid a thouſand more that are due to ſo foul a Tranſgreſſion.

51 Now the moſt high and Soveraign being, even God himſelfe, doth not ſubject himſelf to any Law; though there be ſome Actions alſo moſt agreeable to his Nature, and others plainly inconſiſtent with it, yet they cannot amount to ſuch a power as to lay any Obligation uppon him, which ſhould in the leaſt notion differ from the liberty of his own Eſſence.

52. Thus alſo in the Common-wealth of humane Nature, that proportion which Actions bear to reaſon, is indeed a ſufficient foundation for a Law to build upon, but it is not the Law it ſelf, nor a formall obligation.

53. Yet ſome of the Lawyers are extream bold and vain in their ſuppoſitions ſo bold, as that I am ready to Queſtion whether it be beſt to repeat them; yet thus they ſay.

54. Si Deus non eſſet, vel ſi non uteretur Ratione, vel ſi non rectè judicaret de rebus, ſi tamen in homine idem eſſet dictamen rectae rationis, quod nunc eſt, haberet etiam candem rationem Legis quam nunc habet.

55. But what are the goodly ſpoiles that theſe men expect, if they could break through ſuch a croud of repugnancies ſtanding for my Defence of The Idea of the Law, And ſhould they defeace my Jdea of the Law, The whole reſult and product of it will prove but a meere cypher, like the world, for the Idea of Government is the King; and he is my defence of the Idea of the Law: now reaſon as it is now, doth not bind in its own name; but in the name of its ſupreame Lord and Soveraigne, by whom Reaſon lives and moves, and hath its being, for if only a Creature ſhould bind it ſelfe to the conditions of this Law, it muſt alſo inflict upon it ſelfe ſuch a puniſhment as is anſwerable to the violation of it: but no ſuch being would be willing or able to puniſh it ſelfe in ſo high a meaſure as ſuch a Tranſgreſſion would meritoriouſly require, ſo that it muſt be accountable to ſome other Legiſlative power, which will vindicate its owne commands, and will by this meanes engage a Creature to be more mindfull of its own happineſſe, then otherwiſe it would be.

55. Now there are not onely bona per ſe, but alſo mala per ſe, as the Lawyers ſay) which I ſhall thus demonſtrate: Quod non eſt malum per ſe potuit non prohiberi, for there is no reaſon imaginable why there ſhould not be a poſſibility of not prohibiting that which is not abſolutely evil, which is in its owne Nature indifferent. But now there are ſome evils ſo exceſſively evil, as that they cannot but be forbidden, I ſhall only name this one, Odium Dei, for a being to hate the Creator and cauſe of its being, If it were poſſible for this not to be forbidden; it were poſſible for it to be Lawful; for ubi nulla Lex, ibi praevaricatio: where there is no Law there's no 〈 in non-Latin alphabet 〉 ; where there's no Rule, ther's no Anomaly; if there were no prohibition of this, it would not be ſin to do it, But that to hate God ſhould not be a ſin, doth involve a whole heape of Contradictions: ſo that this evill is ſo full of evil, as that it cannot but be forbidden; and therefore it is an evil in order of nature before the prohibition of it: beſides as the Philoſophers love to ſpeak, Eſſentiae rerum ſunt immutabiles, Eſſences neither ebbe nor flow, but have in themſelves a perpetuall unity and Identity. And all ſuch properties as flow and bubble up from beings, are conſtant and unvariable; but if they could be ſtopt in their Motion, yet that ſtate would be violent, and not at all conatural to ſuch a ſubject.

57. So that grant only the being of Man, and you cannot but grant this alſo, that there is ſuch a conſtant conveniency and Analogy, which ſome objects have with its Eſſence, as that it cannot but encline to them, and that there is ſuch an irreconciliable Diſconvenience, ſuch an eternal Antipathy between it and other objects; as that it muſt ceaſe to be, what it is before it can come neare them.

58. This Judge Glyn, termes a Naturall obligation and a Juſt foundation for Law; but now before all this can riſe up to the height and perfection of a Law, there muſt come a command from ſuperior powers, whence from will ſpring a Morall obligation alſo, and make up the formality of a Law: Therefore God himſelfe, for the brightning of his own Glory, for the better regulating of the world, for the maintaining of ſuch a choice piece of his workman-ſhip as man is, he hath publiſht his Royall Command, & proclaimed it by the principle of Reaſon, which he hath planted in the being of man: which doth fully convince him of the righteouſneſſe, and goodneſſe and neceſſity of this Law, for the Materials of it; and of the validity and Authority of this Law, as it comes from the mind and will of his Creator. Neither is it any Eclipſe or diminution of the liberty of that firſt being; to ſay that there is ſome evill ſo foul and ill favoured, as that it cannot but be forbidden by him; and that there is ſome good ſo fair and eminent, as that he cannot but command it.

59. For as the Lawyers plead, Divina voluntas, licet ſimpliciter libera ſit ad extra, ex ſuppoſitione tamen unius Actus liberi, poteſt neceſſitari ad alium.

60. Though the will of God be compleatly free in reſpect of all his looks and glances towards the Creature, yet notwithſtanding upon the voluntary and free precedency of one act, we may juſtly conceive him neceſſitated to another by vertue of that indiſſoluble Connexion and concatenation between theſe two acts, which doth in a manner knit and unite them into one.

61. Thus God hath an abſolute Liberty and choyce, whether he will make a promiſe or no, but if he hath made it, he cannot but fulfil it. Thus he is perfectly free, whether he will reveale his mind or no; but if he will reveal it, he cannot but ſpeak truth and manifeſt it as it is.

62. God had the very ſame liberty whether he would Create a world or no, but if he would Create it, and keep it in its Comlineſſe and proportion, he muſt then have a vigilant and providenttiall eye over it; And if he will provide for it, he cannot but have a perfect and indefective providence agreeable to his owne wiſdom, and goodneſſe, and being, ſo that if he will create ſuch a being as a man, ſuch a Rationall creature furniſht with ſufficient knowledge to diſcern between ſome good and ſome evil: and if he will ſupply it with a proportionable concourſe in its operations, he cannot then but prohibit ſuch Acts as are intrinſecally prejudicial and detrimental to the being of it: neither can he but command ſuch Acts as are neceſſary to its preſervation and Welfare.

63. God therefore when from all Eternity in his glorious thoughts he contrived the being of man, he did alſo with his piercing eye ſee into all conveniencies & diſconveniencies, which would be in reference to ſuch a being: and by his eternal Law did reſtrain and determine it to ſuch Acts as ſhould be advantagious to it, which in his wiſe Oeconomy and diſpenſation, he publiſht to man by the voice of a Reaſon, by the mediation of this natural Law.

64. Whence it is, that every violation of this Idea of the Law is not only an injury to mans being, but ultra nativam rei malitiam (as the Lawyers plead) it is alſo a vertual and interpretative contempt of that ſupream Law-giver, who out of ſo much wiſdom, and love, and goodneſs, did thus bind man to his own happineſs. So much 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 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 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 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 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 , 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 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 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 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 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 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 〈 in non-Latin alphabet 〉 , 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 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 〈 in non-Latin alphabet 〉 ) 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 〈 in non-Latin alphabet 〉 for as Theodoſius tells me, uſu exigente & humanis neceſſitatibus, Gentes humanae quaedam ſibijura conſtituerunt. Whereas other humane Lawes have a narrower ſphere and compaſſe, and are limited to ſuch a ſtate as William Prinne Eſq ſtiles leges populares, the Hebrews call their poſitive Lawes, 〈 in non-Latin alphabet 〉 ſometimes 〈 in non-Latin alphabet 〉 , Though the one do more properly point at Ceremonials, the other at Judicials: Plotinus renders them 〈 in non-Latin alphabet 〉 . Abaris calls them 〈 in non-Latin alphabet 〉 , as ſome call naturall Laws 〈 in non-Latin alphabet 〉 which the Moſaicall Philoſophers render 〈 in non-Latin alphabet 〉 but according to the Greek Idiom theſe are termed 〈 in non-Latin alphabet 〉 and the others 〈 in non-Latin alphabet 〉 . 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, 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.