The Hartlib Papers

Title:Memorandum On Laws, John Beale
Dating:24 February 1658
Ref:31/1/19A-20B
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          Of Lawes. Feb: 24 1656.
Intreating, That I may not bee thought to effect an opposition to Mr Potter, whose affections towards the publique I doe most syncerely honour, this I say,
     1 That it was a greate Priviledge affoorded Gods people, That such lawes & statutes were by God himselfe declared for them. See Deut.4. 8 And what nation is there [deletion] so greate that hath statutes & iudgements so righteous as all this lawe which I set before you.
     2dly. This lawe being conclusive The appendent branches as far as are necessary for iudicature are soe liquid, That wee neede noe further appeale to God, nor adresse to oracles. read the whole chapt: ibidem. And adde Micah.6. 1. 2. 8.
     It may bee obiected that Moses appeald to God in the Case of the Sabbath for further explication; I will not answere That this <was> in the intervall of declaring & setling the Governement but it must bee noted That it was a penall branch of a positive lawe Which is not that lawe of righteousnes, which I affirme to bee unchangeable & cleare.
     It may bee allso obiected That Iethro found it a Taske too hard for Moses, & such as made Solomon
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tremble in the sense of his <in>sufficiency.
     I grant it, a most insupportable charge for Moses to sit (as the Custome was) in open Courte, in his owne person to iudge of all the Controversyes[altered] of that vast army & people.
               And for Solomon in his [Non-age? altered] or childehood, beeing then, (as many historiographers compute it) under the age of 12 yeares old. But if elder, yet the difficulty is in discovering calumnyes, & false-testimonyes (in which hee shewd a specimen of his inspired abilityes, when the Mothers contended whose the childe should bee) Not in the articles of the lawe.
     Nowe noe scruteny or very little is made of Witnesses; as Iuryes apparently wicked & periurious with conclusive oathes carry the cause howesoever improbable. And tis as good a foole or a madman did governe, [deletion] as a wiseman; for ought that hee hath to doe with lawes, & iudicature : & therefore they may well bee at leysure for other addresses pertaining to the publique: haveing noe part of the burden of Moses or of Solomon.
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3dly I say, That this lawe of righteousnes is no way darkened, but much more cleared to christians & in that sense wee may take the redoubled & reiterated Prophesy Hebr:8. 10. 11. 12.
     4thly. I say, there is no pretence under heaven [deletion] sufficient to beare out the least opposition to any point of this lawe. I have heard in Gods word of two only provocations That will make the Stones to cry out. First <when> the fountains of iustice are turnd into streames of Wormewood, & oppression prevayleth; For then the stone shall cry out of the wall, & the beame out of the timber shall answere it. [left margin: Hab.2. 11] Secondly, when the Gospell is obstructed, For then the stones will imediately cry out. Luc.19. 40. The bishops are cast out for obstructing the Gospell: but the Schooles of oppression are fostered. This nation wilbe a land of howling, if they bee not overturned. evry crafty & wicked wretch can by his [deletion] fees disturbe the peace, & hazzard the right of the most peaceable & especially of the saints, poore, widowe, orphane, studious &c
     5[altered from 4]thly This unchangeable lawe of righteousnes is more appliable to particular cases, than when
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it is curbed & controlled by humane constitutions. If they seeme to interfer, which should yield?
     6.. I[deleted?] doe not conceive, That the Iewes were governed by a more immediate hand of God, than wee nowe. For (though I doe not deny [Greek: aggelokrateian?] as haveing well weighed it more than 20 yeares before Dr Gell undertooke it: Nor do deny the guardian Angell, a very ancient opinion, & [received?] by many learned Lutherans & other Protestants; yet I knowe & doe fully beleeve, That all Gods chosen people in the day of their grace have the assistance, conduct, inspiration, residence & annointing of Gods holy spirite. And the Magistrate syncerely professing Christianity hath in their owne right & in the right of Gods people, a double portion of the same spirite.
     7 Our lawes are utterly obstructive to Trade, & dispatch of safe comerce.
                          Wee were in a way towards reformation of laws by the oath of lawyers printed by order of Parliament 12 Iuly 1653. If to this oath were added the acknowledged branches of righteousnes, & once or twice a yeare to bee administered & all Ministers required to administer or at least to publish the rules before each Communion & Attorneyes of knowne integrity preferd into office &c
             ut supra. This is the [left margin:] way to obtain Gods blessing Mat.3, 10. And not by stout words. Mat.3. 13. 14.