AN ABSTRACT OF Laws and Government. Wherein as in a Mirror may be seen the wisdom & perfection of the Government of Christ's Kingdom. Accomodable to any State or form of Government in the world, that is not Antichristian or Tyrannical. Collected and digested into the ensuing Method, by that Godly, Grave, and Judicious Divine, Mr. JOHN COTTON, of Boston in New-England, in his Life-time, and presented to the general Court of the Massachusets. And now published after his death, by William Aspinwall. Isa. 33. 22. Jehovah is our Judge, Jehovah is our Lawgiver, Jehovah is our King, he will save us. LONDON, Printed by M. S. for Livewel Chapman, and are to be sold at the Crown in Popes-head Alley, 1655. To the Reader. Gentle Reader, I Have here presented thee with an Abstract of Laws and Government, collected out of the Scriptures, & digested into this method, by that godly, grave, and judicious Divine, Mr. John Cotton, accommodated to the Colony of the Massachusets in New England, and commended to the general Court there. Which had they than had the heart to have received, it might have been better both with them there, and us here, than now it is. Concerning which Model, I dare not pronounce, that it is without imperfection in every particular: Yet this I dare be bold to say, that it fare surpasseth all the Municipal Laws and Statutes of any of the Gentle Nations or Corporations under the cope of Heaven. Wherhfore I thought it not unmeet to publish it to the view of all, for the common good. If any thing be wanting in the Copy, let it not be imputed unto the Author, who (had his labour found deserved acceptance) would undoubtedly have made a more through search, and perfect explanation of all the rules and laws of judgement and justice, scattered here and there, throughout the books of Moses, and other Scriptures. Which had he perfected in his life-time, might have redounded to the universal good of all the Nations that acknowledge the Kingly office of our Lord Jesus. For though the great ones of the world, who covet to grasp more power into their hands than Christ ever betrusted them withal, are ready to asperse the poor Saints of Christ, which wait for the coming of his Kingdom, as if they were a company of giddy heads, and unstable, such as are either averse to all Government, or know not what Government they would have; yet the truth is, they know well what Government they would have; and (might they be encouraged and countenanced) are able to give a clear demonstration thereof from the Scriptures of truth, both what the Laws thereof be, and what manner of Officers of all sorts, from the highest to the lowest, which I doubt not but some of them will take opportunity to do according to the holy will and word of Christ. So as if any thing be yet wanting in this which I here present thee withal, they will make a supplement thereof in due time. In the mean while accept of this, which is worthy thy consideration, and doth contain the very marrow and sum of all or most of those Laws, which Jesus Christ, the eternal wisdom of the Father, thought necessary for the administration of his Kingdom in righteousness and peace. And if thou possibly meetest with some rules, to which no Scriptures are annexed for proof (as in the second and third Chapters, and some Sections in the fourth, fifth, and ninth Chapters) consider, that those are not properly Laws, but prudential Rules, which he commended to that Colony, to be ratified with the common assent of the freemen in each Town, or by their Representatives in the general Court, as public Contracts. Which being once made and assented to for their own convenience, do bind as Covenants do, until by like public consent they be abrogated and made void. For though the Author attribute the word [Law] unto some of them; yet, that it was not his meaning they should be enacted as Laws (if you take the word Law in a proper sense) appears by his conclusion, taken out of Isa. 33. 22. The Lord is our Judge, the Lord is our Lawgiver, the Lord is our King, he will save us. Amen. He knew full well that it would be an entrenchment upon the Royal power of Jesus Christ, for them or any other of the sons of Adam, to ordain Laws: And indeed Laws of righteousness (such as Christ's laws be) have these three incommunicable properties. 1. They are unvariable, and bind all persons in all ages, and in all Nations. 2. They are undispensable by any created powers. 3. They bind not only the outward man to obedience, but also the spirit and conscience. None of which can be spoken of any human Laws or Constitutions whatsoever. Wherhfore, when thou meetest with such an expression (calling such prudential rules and Contracts by the name Law) interpret it candidly. Because such agreements being once made by mutual consent, the covenanties are obliged by the law of righteousness, to make good their agreements, until they he reversed by the like common consent for a public good, which in all prudential Contracts and Covenants may lawfully be done. For cujus est instituere, ejus est destituere. Possibly thou mayest meet with some particulars, which may not be fully cleared to thine apprehension, as in Chap. 20. Sect. 12. 18. 20. But in that case, have recourse to the word of God itself, whereunto the Author doth faithfully lead thee, and would have thee receive nothing from him, but what agrees therewith. And if any thing may possibly be thought to be omitted (as who can see all things * Uno intuitu. at once) let thine ingenuity make diligent search, and supply what the Author in his life time had not opportunity to perfect. And be persuaded this to do; Weigh the Laws here collected, I mean the Scriptures themselves, which yield right rules of judgement in all causes both Civil and Criminal; and judge equally and impartially, whether there be any laws in any State in the world, so just and equal as these be. Which were they duly attended unto; would undoubtedly preserve inviolable, the liberty of the Subject, against all tyrannical and usurping powers. The perfection of these Laws may appear from hence; that though they be but few, yet are they such as reach to all persons, nations, and times, and are a perfect Standard to admeasure all Judicial actions and causes, whether Civil or Criminal, by Sea or by Land. The impartiality of these Laws appears in this, that there is no respect of persons in judgement, whether they be poor, or whether they be rich. And thirdly, the consideration of the Author of these Laws might be a sufficient argument to commend them unto us, to wit, Jesus Christ the eternal wisdom of the Father, he is our Lawgiver: And he had no secret design to rear up an external glorious pompous government for himself or his Vice-gerents and Substitutes, but to preserve his people in a state of holiness, righteousness, and peace. Neither did he attain this dignity by the blood and treasure of his Subjects; but he laid down his own life, and shed his dearest blood to purchase and procure this liberty for them. Oh! who would not be in love with such Laws, and such a Sovereign? Quest: If it be said, but what may be done to attain this? Answ. I answer; It is not my purpose to persuade this, or any other Nation (were they willing to hear) to enact or ratify these by any power of their own (in a solemn convention of their Representatives) as Laws: Neither do I believe it was the Author's intention so to do, when he drew up this Model. For alas, what energy or virtue can such an act of a company of poor sinful creatures add unto the most perfect and wholesome laws of God? It is enough for us, and indeed it is all that can be done by any people upon earth, 1. To declare by their Representatives, their voluntary subjection unto them, as unto the laws of the Lord their God. 2. After such professed subjection, to fall unto the practice thereof, in the name and strength of Christ their King and Lawgiver. According as it is written, Deut. 5. 27, 28, 29. All that Jehovah our God shall speak unto thee, we will both hear and do. And Jehovah heard the voice of your words, when ye spoke unto me: And Jehovah said unto me, I have heard the voice of the words of this people, which they have spoken unto thee, they have done well [in] all that they have spoken. Who will give to them, that this may be their heart, to fear me, and to keep all my commandments all days, that it may be well with them, and with their sons for ever. This Abstract may serve for this use principally (which I conceive was the main scope of that good man, who was the Author of it) to show the complete sufficiency of the word of God alone, to direct his people in judgement of all causes, both Civil and criminal, as we are wont to distinguish them. Which being by him done, and with all sweetness and amiableness of spirit tendered (but not accepted) he surceased to press it any further at that season, knowing full well that the Lords people shall be a willing people in the day of his power. But the truth is, both they and we, and other the Gentle Nations, are loath to be persuaded to devil in the Tents of Shem, and to lay aside our old earthly forms of government, to submit to the government of Christ. Nor shall we Gentiles be willing (I fear) to take up his yoke which is easy, and burden light, until he hath broken us under the hard and heavy yokes of men, and thereby weaned us from all our old forms and customs. The principal Remoraes and lets whereof I conceive to be in Courtiers and Lawyers: For should Christ's Kingdom be erected indeed, it would cross the lusts and lustre of external pomp and glory of the one, and the Mammon of unrighteousness of the other. So that there will be a necessity, that the little stone cut out of the mountain without hands should crush and break these obstacles, ere the way can be prepared for erecting his Kingdom, wherein dwells righteousness. And verily great will be the benefit of this Kingdom of CHRIST, when it shall be submitted unto by the Nations, for than righteousness and peace will kiss each other, Psalm 95. 10. And God will extend peace as a River, and the glory of the Gentiles as a flowing stream, Isa 66. 12. All burdens and tyrannical exactions will be removed, Isa. 60. 17. God will make their Officers peace, and their Exactors righteousness. And than it will be no difficult matter to spare many hundred thousand pounds per annum, in so great and populous Nations as these be, without neglecting the public tranquillity of the State, and the security of the same by a powerful Militia both at Land and Sea, so long as the necessity of the Nations may require. But the season is not yet full come for these things, and there yet remains some of the sufferings of Christ to be fulfilled in the Saints, and judgements upon his and their Enemies. Wherhfore I shall cease to say any more hereof at this time, and commend all these things to thy wise consideration. And the Lord give thee understanding in all things, which is the hearty prayer of him that wisheth all health and happiness to thee, and peace upon all the Israel of God, Will: Aspinwall, AN ABSTRACT OF Laws and Government, etc. CHAP. I. § 1. Of Magistrates. All the Magistrates are to be chosen 1. BY the free Burgesses, Deut. 1. 13. a Or present. Give for yourselves wise men, and understanding, and b Or approved. known amongst your Tribes, and I will place them for c Heb. your heads. Rulers over you. 2. Out of the free Burgesses, Deut. 17. 15. Thou shalt in d Heb. in setting, thou shalt set over thee. any wise set over thee the King, whom the Lord thy God shall choose for himself; from among thy brethrens shalt thou set a King over thee. Jer. 30. 21. And their Nobles shall be of themselves, and their Governor shall proceed from the mids of them, and I will 'cause him to draw near, and he shall approach unto me. 3. Out of the ablest of men, and most approved amongst them, Deut. 1. 13. before mentioned. Exod. 18. 21. Moreover thou shalt e Heb. take or receive from all the people. provide out of all the people f Heb. men of courage, strength, prowess, and wealth. able men, fearnig God, men of truth, hating coveousnesse; and thou shalt place over them rulers of thousands, and rulers of hundreds, and rulers of ten. 4. Out of the ranks of Noblemen, or Gentlemen amongst them, the best that God sendeth unto their Country, if they be qualified with gifts fit for Government, either eminently above others, or not inferior unto others, Eccles. 10. 17. Blessed be thou O land, when thy King is the son of Nobles, and thy Princes eat in due season, for strength, and not for drunkenness. Jer. 30. 21. Their Nobles shall be of themselves, etc. Sect. 2. The Governor hath joint power with the Assistants to govern the whole Country according to the Laws hereafter mentioned. Of himself he hath power (and in his absence the Deputy Governor) to moderate all public actions in a Commonwealth. As 1. To sand out Warrants for the calling of general Courts. 2. To order and transact all actions in the Court, when he sitteth, & to gather suffrages and votes, and to pronounce sentence according to the greater part of them. Sect. 3. The power of the Governor with the rest of the Councillors, is 1. To consult and provide for the maintenance of the State and people, Numb. 11. from vers. 4. to 16. 2. To direct in all hard matters, wherein appeal is made to them from inferior Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be, that every g Heb. great matter, or case. hard matter they h Heb. cause to be brought or transmit. shall bring unto thee, but every small matter they shall judge themselves: so make it lighter for thee, and they shall bear [the burden] with thee. Deut. 17. 8, 9 If there i Heb. If the matter be hidden from thee concerning the judgement. Or if it be too high and admirable. arise a matter too hard for thee in judgement between blood and blood, between plea and plea, and between stroke and stroke, matters of controversy within thy gates: than shalt thou arise, and get thee up unto the place which Jehovah thy God shall choose for himself. And thou shalt go unto the Priests, the Levites, and unto the Judge that shall be in those days: and thou shalt inquire, and they shall show thee the sentence of the judgement: And thou shalt do according to that sentence, etc. 3. To preserve Religion pure. Exod. 32. 27. And he said unto them, thus saith Jehovah the God of Israel, put every man his sword by k Heb. his thigh. his side, and go in and out from gate to gate, throughout the Camp, and slay every man his brother, and every man his companion, and every man his neighbour, etc. Exod. 25. 40. And l Heb. And see, & make. look THOU make them according to their pattern which thou wast caused to see in the mount. 2. Charon. 19 11. And behold, Amariah the chief Priest is over you in all the matters of the Lord, and Zebadiah the son of Ishmael, the ruler of the house of Judah, for all the King's matters, also the Levites shall be Officers before you. 4. To oversee the Forts & munition of the Country, and to take order for the protection of the country from foreign invasions, or intestine sedition, and if need shall require, with consent of the people to enterpriz: wars. 2 King. 20. 13. And Hezekiah harkened unto them, and shown them the house of his precious things, and all the house of his armour, etc. 2 Chr. 32. 2, etc. And when Hezekiah saw that Senacherib was come; and m That his face was for war. that he purposed to fight against Jerusalem. Than he took counsel with his Princes, and his mighty men, to stop the waters of the fountains which [were] without the City, and they did help him. So there was gathered much people together, and they stopped all the fountains, and the brook that overflowed through the midds of the Land, saying, Why should the Kings of Assyria come and find much water? Also he strengthened himself, and built up all the wall that was broken, and raised it up to the Towers, and another wall without, and repaired Millo in the City of David, & made darts and shields in abundance. And he set Captains of War over the people, and gathered them together to him in the street of the gate of the City, and spoke n Heb. To their heart. comfortably to them. etc. Exod. 17. 9 And Moses said to Joshuah, choose us out men, and go out, fight with Amalek, tomorrow I will stand on the top of the hill with the rod of God in mine hand. Prov. 24. 6. For by wise counsel thou shalt make thy war, and in multitude of Councillors there is safety. Sect. 4. And because these great affairs of the State cannot well and sufficiently be attended, nor safely and wisely administered, if they be often changed; therefore the Councillors are to be chosen for life, unless they give just cause of removal. Which if they do, than they are to be removed by the general Court. 1 King. 12. 6. And King Rehoboam consulted with the old men that stood before Solomon his Father, while he yet lived. Prov. 28. 2. For the transgression of the land, many are the Princes thereof, but by a wise knowing man it shall also be prolonged. Sect. 5. The power of the Governor sitting with the Councillors and Assistants, is to hear and determine all causes, whether Civil or Criminal, which are brought before them throughout the whole Commonwealth: Yet reserving liberty of Appeals from them to the general Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be that every great matter they shall o Or transfer. bring unto thee, but every small matter they themselves shall judge; so shall it be easier for thee, and they shall bear the [burden] with thee. Deut. 1. 16, 17. And I charged your Judges at that time, saying, Hear between your brethrens, and judge righteously between every man and his brother, and his stranger. Ye shall not p Heb. Acknowledge faces. respect persons in judgement, you shall hear the small as well as the great, you shall not be afraid of the face of man, for the judgement is Gods: and the cause that is too hard for you, 'cause it to be brought to me, and I will hear it. Sect. 6. Every Town is to have Judges within themselves, who shall be once in a month (or in 3. months at furthest) to hear and determine both Civil causes and pleas of less value, and crimes also which are not capital, yet reserving liberty of appeal to the Court of Governor and Assistants. Deut. 16. 18. Judges and Officers shalt thou make thee in all thy gates, which Jehovah thy God giveth thee throughout thy tribes, and they shall judge the people with judgement of righteousness. Exod. 18. 21, 22. Moreover thou shalt q Or take, or receive. provide out of all the people r Heb. men of courage, strength, prowess, and wealth. able men, fearing God, men of truth, hating covetousness: and thou shalt place over them rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of ten. And let them judge the people at all seasons: & it shall be, that every great matter they shall bring unto thee, but every small matter they themselves shall judge, etc. Jer. 36. 10, 11, 12. Than read Baruch in the book the words of Jeremiah in the house of Jehovah: in the chamber of Gemariah the son of Shaphan the Scribe, in the higher Court, at the entry of the new gate of the house of Jehovah, in the ears of all the people. And Michaiah the son of Gemariah, the son of Shaphan heard out of the book all the words of Jehovah. And he went down into the King's house, into the Scribes Chamber, and lo there, all the Princes were sitting: Elishamah the Scribe, and Delaiah the son of Shemaiah, and Elnathan the son of Achbor, and Gemariah the son of Shaphan, and Zedekiah the son of Hananiah, and all the Princes. Sect. 7. For the better expedition and execution of Justice, and of all affairs incident to every Court, every Court shall have certain Officers: As a Secretary to enrol all the acts of the Court. 1 King. 4. 3. Elihoreph and Abiah the sons of Shisha, Scribes, Jehoshaphat the son of Ahilud, Recorder. So also 2 Sam. 20. 24. And besides, Ministers of Justice, to attach, and fetch, and set persons before the Magistrates, and also to execute s Deut. 25. 2. He shall 'cause him to be beaten, Math. 18. 34. & 5. 25, 26. the sentence of the Court upon the offenders. John 7. 32. 45. And the Pharisees and chief Priests sent Officers to take him. Than came the Officers to the chief Priests and Pharisees, and they said unto them, why have ye not brought him? Acts 5. 26, 27. Than went the Captain with the Officers, and brought them without violence (for they feared the people, jest they should have been stoned.) And when they had brought them, they set them before the Council, and the high Priest asked them, etc. And for the same end, it shall be lawful for the Governor, or any two of the Councillors, or Assistants, or Judges, to give Warrants to an Officer to fetch any Delinquent before them, and to examine the cause: And if he be found culpable of crime, to take order by Sureties, or safe custody, for his appearance at Court. Levit. 24. 12. And they put him in ward, that the mind of the Lord might be showed them. So Numb. 15. 34. And they put him in ward, etc. And further, for the same end, and to prevent the offenders lying long in prison; It shall be lawful for the Governor, with one of the Council, or any two of the Assistants, or Judges, to see execution done upon any offender, for any crime that is not capital, according to the laws established. Yet still referring liberty of appeal from them to the Court, and from an inferior Court to a higher Court. CHAP. II. Of free Burgesses, and free Inhabitants. Sect. 1. ALL the free Burgesses (excepting such as were admitted freemen, before the establishment of Churches in this Country) shall be received and admitted out of the members of some or other of the Churches already established in this Country, and such members as are admitted by their own Church unto the Lord's table. Sect. 2. These free Burgesses shall give power to choose in their own Towns fit and able men, out of themselves, to be ordinary Judges of inferior causes in their own Town. And against the approaches of the General Court, to choose two or three for Deputies or Committees, to join with the Governor and Assistants of the whole Country, to make up and constitute a general Court. Sect. 3. The general Court shall have power, by the warrant of the Governor, or of the deputy Governor, or of any three of the Counsellors or Assistants, or by the warrant of any twelve of the deputies of the Country, to assemble once every quarter, or half year, or oftener, as the affairs of the Country require, and to sit together till their affairs be dispatched. And secondly, to call the Governor and all the rest of the public Magistrates and Officers unto place, and to call them to accounted for the breach of any Laws established or other misdemenor, and to censure therein as the quality of the fact may require. And thirdly, to make and repeal Laws. And fourthly, to dispose all the Lands in the Country, and to assign them to several towns or persons, as shall be thought fit. And fifthly, to impose a levy of moneys for the public service of the Commonwealth, as shall be thought requisite for the protection and provision of the whole. And sixthly, to hear and determine all causes whether civil or criminal, wherein appleal shall be made unto them, or which they shall see cause to assume into their own cognisance and judicature. And seventhly, to assist the Governor and Counsellors in the maintenance of the purity and unity of Religion, and accordingly to set forward and uphold all such good courses, as shall be thought fit for that end, by the advice of the Elders with consent of the Churches, and to repress the contrary. Sect. 4. In this general Court, nothing shall be concluded but with common consent of the greater part, of the Governor and Assistants, together with the greater part of the deputies of the Towns. Unless it be in the election of Officers (where the liberty of the people is to be preserved) or in judging matters of offence against the Law, wherein both parties are to stand to the direction of the Law. Sect. 5. All the householders in every Town shall be accounted as the free inhabitants of the Country, and shall accordingly enjoy freedom of common; and inheritance of such lands as the general Court, or the several Towns wherein they devil, shall allot unto them; after they have taken an oath, or given other security, to be true and faithful unto the State, and subject to such good and wholesome Laws as are established in the Country by the general Court. CHAP. III. Of the protection and provision of the Country. Sect. 1. A Law to be made (if it be not made already) for the training of all men in the Country (fit to bear arms) unto the exercise of Military discipline. And withal another Law, for the maintenance of Military Officers and Fort. Sect. 2. Because fish is the chief staple commodity of this Country, therefore all due encouragements to be given to such hands as shall set forward the trade of fishing. And for that end, a Law to be made, that whosoever shall apply themselves to set forward the trade of fishing (as fishermen, Mariners or Shipwrights) shall be allowed man for man, some or other of the labourers of the Country, to plant and reap for them, in the seasons of the year, at the public charge of the Commonwealth, for the space of these seven years next ensuing: And such labourerrs to be appointed and paid by the Treasurer of the Commonwealth. Sect. 3. Because no Commonwealth can maintain either their Authority at home, or their honour and power abroad, without sufficient treasure: A Law therefore to be made for the erecting and furnishing of the Treasury of the Commonwealth, which is to be supplied and furnished, 1. By the yearly payment. 1. Of 1d. or ½ an acre of land occupied througout the country. Lands occupied in common by a town, to be paid out of the treasury or stock of the same town. 2. Of 1d for every beast, horse, or cow. 3. Of some proportionable rate upon Merchant's goods. 2. By the payment of a barrel of gunpowder or such munition, out of every ship that bringeth in foreign commodities. 3. By fines or mulcts put upon Trespassors. Sect. 4. A Treasurer to be chosen by the free Bugesses, out of the Assistants, who shall receive and keep the Treasury, and make disbursments out of it, according to the direction of the general Court, or of the Governor and Council, whereof they are to give an account at the general Court. It shall also pertain to the Office of the Treasurer, diligently to surveyed and oversee, all the munitions of the country, canons, culverins, muskets, powder, match, bullets, etc. and to give account thereof to the Governor and Council. Sect. 5. A Treasury also, or Magazine, or storehouse to be erected and furnished in every Town, distinct from the Treasury of the Church, that provisions of corn and of other necessaries may be laid up at the best hand, for the provision of such poor, as are not members of the Church, as it is written Deut. 14. 28, 29. Thou shalt lay it up within thy gates. And the Levite (because he hath no part nor inheritance with thee) and the stranger, and the fatherless, and the widow which are within thy gates, shall come and shall eat, and be satisfied, that Jehovah thy God may bless thee, in all the work of thy hand, which thou dost: And out of it such Officers may be maintained (as Captains or the like) who do any public service for the Town. But chief this treasury will be requisite for the preserving of the livelihood of each Town within itself: that in case the inheritance of the lands that belong to any Town, come to be alienated from the townsmen (which may unavoidably fall out) yet a supply may be made to the livelihood of the Town, by a reasonable rend charge upon such alienations (laid by the common consent of the land-owners, and townsmen) to be paid into the Treasury of the Town. This treasury to be paid. 1. By the yearly payment of some small rate upon acres of lands and beasts. 2. By fines & amercements put upon trespassers, condemned in the town Courts. 3. By a rend charge upon alienation of town-lands. Sect. 6. A town treasurer to be appointed, for the oversight and ordering of this treasury, chosen out of the free Burgesses by the free Burgesses of the same town. Who is to dispose of things under his charge, and according to the direction of the Judges of the town, and to give an account to the towns Court, to the Judges and free Burgesses of the town, or to some so elected by them. CHAP. IU. Of right of Inheritances. Sect. 1. FOr as much as the right of disposal of the inheritance of all the lands in the country lieth in the general Court; whatsoever lands are given and assigned by the general Court, to any town or person, shall belong and remain by right of inheritance, to such towns and their successors, and to such persons and to their heirs and assigns, as their propriety for ever. Sect. 2. Whatsoever lands (belonging to any town) shall be given by the town, or by such Officers therein as they shall appoint, unto any person; the same shall belong and remain to such person and his heirs and assigns, as his proper right for ever. Sect. 3. In dividing of lands to the several persons in each town, regard is to be had partly to the number of persons in a family (to the more the greater allotment to be assigned, to the fewer, less) Numb. 26. 53, 54. Unto these shall the land be divided for an inheritance, according to the number of names. To many thou shalt give the more inheritance, and to few, thou shalt give the less inheritance: to every one shall his inheritance be given, according to those that were numbered of him. And partly to the number of beasts, by which a man is fit to occupy the land assigned to him, and to subdue it, Numb. 35. 3. And the Cities shall they have to devil in; and the suburbs thereof shall be for their cattles, and for their goods, and for their beasts. So eminent respect in this case may be given to men of eminent qualities or descent, in assigning to them more large and honourable accommodations in regard of their greater disbarsments to public changes. Deut. 3. 15. And I gave Gilead unto Machir. Josh. 15. 13. And unto Caleb the son of Jephunneh, he gave a part among the children of Judah, according to the t Heb. mouth. commandment of Jehovah to Joshua: the city of Arba the father of Anak, u Heb. this is Hebron. which (city) is Hebrou. Josh. 19 49, 50. When they had made an end of dividing the land for inheritance by their coasts, the children of Irael gave an inheritance to Joshua the son of Nun among them. According to x Heb. mouth. the word of the Lord, they gave him the City which he asked, even Timnath-Serah, in mount Ephraim: and he built the city, and dwelled therein. Sect. 4. For as much as all civil affairs are to be administered and ordered, so as may best conduce to the upholding and setting forward of the worship of God in Church-fellowship: It is therefore to be ordered, that wheresoever the Lands of any man's inheritance may fall, yet no man shall set his dwelling house above the distance of half a mile (or a mile at furthest) from the meeting house of the Congregation, where the Church doth usually assemble for the worship of God. Acts 1. 12. Than returned they to Jerusalem from the mount called Olivet, which is from Jerusalem a Sabbath day's journey. Sect. 5. Inheritances are to descend naturally to the next of his Kin, according to the law of nature, delivered by God, Numb. 27. 7, 8, 9, 10, 11. The daughters of Zelophedad spoke right: y Heb. in giving thou shalt give them. Thou shalt surely give them a possession of inheritance among their Father's brethrens, and thou shalt 'cause the inheritance of their fathers to pass unto them. And thou shalt speak unto the children of Israel, saying; If a man dye, and have no son, than ye shall 'cause his inheritance to pass unto his daughter. And if he have no daughter; than ye shall give his inheritance unto his brethrens. And if he have no brethrens; than ye shall give his inheritance unto his father's brethrens. And if his father have no brethrens; than ye shall give his inheritance z Heb. to him that is left him of his kin. unto his Kinsman that is next to him of his family, and he shall possess it: and it shall be unto the children of Israel for a statute of judgement, as Jehovah commanded Moses. Sect. 6. If a man have more sons than one, than a double portion to be assigned and bequeathed to the eldest son, according to the Law of God. Deut. 21. 17. But he shall acknowledge the son of the hated for the first born, by giving him a double portion, of all that is found with him; for he is the beginning of his strength, the right of the first born is his. Unless his own demerit doth deprive him of the dignity of his birthright. 1 Chr. 5. 1. Now the sons of Reuben the firstborn of Israel, for he was the firstborn: but for as much as he defiled his father's bed, his birthright was given to the sons of Joseph, the son of Israel: and the genealogy is not to be reckoned after the birthright. Sect. 7. The will of a Testator is to be approved or disallowed by the Court of Governor and Assistants, or by the Court of Judges in each Town. Yet not to be disallowed, unless it appear either to be sergeant, or unequal, either against the Law of God, or against the public weal, or against the due right of the Legatees. Heb. 9 17. For a testament is of force after men are dead, otherwise it is of no strength at all. Gal. 3. 15. Though it be but a man's testament, yet if it be confirmed, no man disannulleth or addeth thereto. Sect. 8. As God in old time in the Commonwealth of Israel, forbade the alienation of lands from one Tribe to another. Numb. 36. 7. So shall not the inheritance of the children of Israel remove from tribe to tribe: So to prevent the like inconvenience in the alienation of lands from one Town to another, it were requisite to be ordered. 1. That no free Burgess or free inhabitant of any Town, shall cell the lands allotted to him in the Town, but to some one or other of the free Burgesses or free inhabitants of the same Town. Unless the free Burgesses of the Town give consent to such sale, or refuse to give a due price, answerable to what others offer without fraud. 2. That if such lands be sold to any other, the sale shall be made with the reservation of such a rent-charge to be paid to the Town-stock, or Treasury of the Town, as either the former occupiers of the land were want to pay, towards all the public charges thereof, whether in Church or Town: or at lest, after the rate of 2d. the acre, or some such like proportion. 3. That if any free Burgess or free Inhabitant of any Town, or the Heir of any of their lands, shall remove their dwelling from one Town to another: none of them shall carry away the whole benefit of the lands, which they possessed in the Town whence they removed; but if they still keep the right of inheritance of the land in their own hands (and not cell it as before) than they shall reserve a like proportion of rent-charge out of their land, to be paid to the public Treasury of the Town, as hath been want to be paid out of it, to the public charges of the Town and Church: or at lest after the rate of 2d. an acre, as before. 4. That if the inheritance of a free Burgess or free inhabitant of any Town fall to his daughters (as it will do, for want of heirs males) that than, if such daughters do not marry to some of the inhabitants of the same Town, where their inheritance lieth, nor cell their inheritance to some of the same Town as before; that than they reserve a like proportion of rent-charge out of their lands, to be paid to the public treasury of the Town, as hath been want to be paid out of them to the public charges of the Town and Church; or at lest after the rate of 2d. an acre as before. Provided always, that nothing be paid to the maintenance of the Church, out of the treasury of the Town, but by the free consent of the free Bugesses of the town. CHAP. V Of Commerce. Sect. 1. IT shall be lawful for the Governor, with one or more of the Council to appoint a reasonable rate of prices of all such commodities, as are (out of the Ships) to be bought and sold in this Country. Sect. 2. In trucking and trading with the Indians; no man shall give them, for any commodity, of their silver or gold, or any weapons of war, neither guns, gunpowder, nor swords, nor any other munition, which might come to be used against ourselves. Sect. 3. To the intent that all oppression in buying and selling may be avoided: It shall be lawful for the Judges in every town, with the consent of the free Burgesses, to appoint certain select men, to set a reasonable rate upon all commodities, and proportionably to limit the wages of workmen and labourers, and the rates agreed upon by them, and ratified by the Judges to bind all the inhabitants of the town. The like course to be taken by the Governor and Assistants, for the rating of prices throughout the country; and all to be confirmed (if need be) by the general Court. Sect. 4. Just weights and balances to be kept between buyers and sellers. And for default thereof, the profit so wickedly and corruptly gotten and gained, with as much more added thereunto, it to be forfeited to the public treasury of the Commonwealth; Leu. 19 36. a Heb. Balances of righteousness, and stones of righteousness. Just balances, just b Or weight. weights, a just ephah, and a just been shall ye have. Prov. 11. 1. Balances of deceit is abomination to Jehovah: but a perfect c Heb. a weight and balances of judgement. stone is his delight. Prov. 15. 11. A d Heb. Divers weights & divers measures. just weight and balance are Jehovahs': all the stones of the bag are his work. Prov. 20. 10. A stone and a stone, an ephas and an ephas, both of them are like abomination to Jehovah. Sect. 5. If a man borrow aught of his neighbour upon a pledge, the lender shall not make choice of what pledge he will have, nor take such a pledge as is of daily necessary use to the debtor; or if he do take it, he shall restore it again the same day. * Deut. 24. 6. No man shall take the neither or upper millstone to pledge, for he taketh the soul to pledge. Deut. 24. 10, 11, 12, 13. When thou dost lend thy e Heb. Friend or companion. brother any thing, thou shalt not go into his house to fetch his pledge. Thou shalt stand abroad: and the man to whom thou dost lend, shall bring out the pledge abroad unto thee. And if the man be poor, thou shalt not f Heb. lie down. sleep with his pledge. In g Heb. in returning, thou shalt 'cause to return to him. any case thou shalt deliver him the pledge again when the Sun goeth down, that he may h Heb. lie down. sleep in his own raiment and bless thee; and it shall be righteousness unto thee before Jehovah thy God. Exod. 22. 26, 27. If thou take thy neighbour's raiment to pledge, thou shalt deliver it unto him again, by that the sun goeth down. For it is his or her covering only, it is his raiment for his skin; wherein shall he sleep? and it shall come to pass, when he cryeth unto me, that I will hear, for I am gracious. Sect. 6. No increase to be taken of a poor brother or neighbour for any thing lent unto him. Exod. 22. 25. If thou lend money to any of my people, that is poor by thee, thou shalt not be to him as an usurer: thou shalt not lay upon him usury. Leu. 25. 35, 36, 37. And if thy brother be waxen poor, and his hand faileth with thee; than thou shalt strengthen him, the stranger and the sojourner, that he may live with thee. Take thou no usury of him, or increase, but fear thy God: that thy brother may live with thee. Thou shalt not give him thy money upon usury, nor give him thy victuals for increase. Deut. 23. 19 Thou shalt not lend upon usury to thy brother, usury of money, usury of victuals; usury of any thing that is lent upon usury. Sect. 7. If borrowed goods be lost or hurt in the owner's absence; the borrower is to make them good: But in the owner's presence, wherein he sees his goods no otherwise used than with his consent; the borrower shall not make them good. If they were hired, the hire is to be paid and not more. If a man borrow aught of his neighbour, and it be hurt or dye, the owner thereof not being with it, he shall surely make it good. But if the owner thereof be with it, he shall not make it good: if it be a hired thing, it goes for the hire, Exod. 24. 14 15. CHAP. VI Of Trespasses. Sect. 1. IF a man's swine or other beasts, or a fire kindled by him break out into another man's field, or corn; he shall make full restitution of the damage done by them, and of the loss of time which others have had, by carrying such swine or beasts to the owner, or to the fold: But if a man put his swine or beast into another man's field, restitution is to be made of the best of his own, though it were much better than that which was destroyed, or hurt. Exod 22. 5, 6. If a man shall 'cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field: of the best of his own vineyard shall he make restitution. If fire break out and catch in thorns, so that the corn rick, or the standing, or the field be consumed: he that kindled the fire, shall i Heb. in making restitution, shall make restitution. surely make restitution. Sect. 2. If a man kill another man's beast, or dig and open a pit, and leave it uncovered, and a beast fall into it; he that killed the beast, and the owner of that pit, shall make restitution. Lev 24. 18. He that k Heb. smiteth the life of a beast. killeth a beast, shall make it good, l Heb. life for life, or soul for soul. beast for beast Exod. 21. 33, 34. And if a man shall open a pit, or if a man shall dig a pit and not cover it: and an ox or an ass fall therein: The owner of the pit shall make it good, he shall 'cause money to return to the owners thereof, and the dead shall be his. Sect. 3. If one man's beast kill the beast of another's, the owner of the beast shall make restitution. Exod. 21. 35, 36. And if one man's ox hurt m Heb. the ox of his neighbour. another's, that he die; than they shall cell the live ox, and divide the money of it, and the dead ox also shall they divide. Or if it be known that the ox hath used to push in time past, and his owner hath not kept him in, he shall surely pay ox for ox, and the dead shall be his own. Sect. 4. If a man's ox or other beast, gore or by't, and kill a man or woman (whether child or riper age) the beast shall be killed, and no benefit of the dead beast reserved to the owner. But if the ox or beast were want to push or by't in time past, and the owner hath been told of it, and hath not kept him in, than both the ox or beast shall be forfeited and killed, and the owner also put to death, or else fined to pay, what the Judges and persons damnified shall lay upon him. Exod. 21. 28, 29, 30, 31, 32. If an ox gore a man or woman, that they die, than the ox shall be n Heb. in stoning shall be stoned. surely stoned, and his flesh shall not be eaten, but the owner of the ox o Heb. is innocent, or guiltless. shall be quit. But if the ox were want to push in times past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman: the ox shall be stoned, and his owner also shall be put to death. If there be laid on him p Heb. a price of redemption. a sum of money, than he shall give for the ransom of his life, q According to all that is. whatsoever is laid upon him. Whether he have gored a son, or gored a daughter, according to this judgement shall it be done unto him. If the ox shall push a manservant, or a maid-servant, he shall give unto the master thirty r Silver, thirty shackles. shackles, and the ox shalle be stoned. Sect. 5. If a man deliver goods to his neighbour to keep, and they be said to be lost, or stolen from him, the keeper of the goods shall be put to his oath touching his own innocency; which if he take, and no evidence appear to the contrary, he shall be quit. But if he be found false or unfaithful, he shall pay double unto his neighbour. Exod. 22. 7, 8, 9 If a man shall deliver unto his neighbour money, or s Heb. Vessels. stuff to keep, and it be stolen out of the man's house: if the thief be found, let him pay double: if the thief be not found, than the master of the house shall be brought t Or unto God. unto the judges: if he have not put his hand unto his neighbour's goods. For all manner of trespass for ox, for ass, for sheep, for raiment, for any lost thing, which another saith that it is his, the cause of both parties shall come before the Judges: whom the Judges shall condemn, he shall pay double unto his neighbour. But if a man take hire for goods committed to him, and they be stolen, the keeper shall make restitution. Exod. 22. 12. And if it be stolen from him, he shall make restitution unto the owner thereof. But if the beast so kept for hire dye, or be hurt, or be driven away, no man seeing it; an oath shall be taken of the keeper, that it was without his default, and it shall be accepted. But if the Beast be torn in pieces, a piece brought for witness excuseth the keeper. Exod. 22. 10, 11. If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast to keep, and it dye, or be hurt or driven away, no man seeing it. The oath of Jehovah shall be betwixt them both, if he have not put his hand unto his neighbour's goods: and the owner thereof shall accept it, and he shall not make restitution. CHAP. VII. Of crimes. And first of such as deserve capital punishment, or cutting of from a man's people, whether by death or banishment. Sect. 1. BLasphemy (which is a cursing of God, or wicked denial of God by Atheism, or the like) to be punished with death. Leu. 24. 15, 16. Whosoever curseth his God, shall bear his sin. And he that u Heb. boreth through, or curseth. blasphemeth the name Jehovah, x Heb. in dying shall dye. shall be surely put to death, all the congregation in stoning shall stone him: as well the stranger as he that is born in the land, when he y Boreth through, or curseth. blasphemeth the name, shall be put to death. §. 2. Idolatry to be punished with death. Deut. 13. from 1. to 11. If there arise among you a Prophet, or a dreamer of dreams, and giveth thee a sign, or a wonder. 2 And the sign or the wonder come to pass, whereof he spoke unto thee, saying: Let us go after other Gods, which thou hast not known, and let us serve them. 3 Thou shalt not harken unto the words of that Prophet, or that dreamer of dreams: for Jehovah your God proveth you, to know whether you love Jehovah your God, with all your heart, and with all your soul. 4 Ye shall walk after Jehovah your God, and fear him: and keep his commandments, and obey his voice, and you shall serve him, and cleave unto him. 5 And that Prophet, or that dreamer of dreams, even he shall be put to death, because he hath spoken rebellion against Jehovah your God, which brought you out of the land of Egypt, and redeemed you out of the house z Heb. Servants. of bondage, to thrust thee out of the way which Jehovah thy God commanded thee to walk in it: so shalt thou put evil away from the midst of thee. 6. If thy brother the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying: Let us go and serve other gods, which thou hast not known, thou, nor thy fathers. 7. Of the gods of the people, which are round about you, nigh unto thee, or fare of from thee; from the end of the earth, to the end of the earth. 8. Thou shalt not consent unto him, nor harken unto him; neither shall thine eye pity him, neither shalt thou a Or use clemency. spare, neither shalt thou conceal him. 9 But b Heb. in killing, thou shalt kill him. thou shalt surely kill him, thine hand shall be first upon him, to put him to death; and afterwards the hand of all the people. 10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out out of the land of Egypt, from the house of c Heb. Servants. bondage. 11. And all Israel, shall hear, and fear: and shall do not more any such wickedness, as this is, d Heb. in the mids of thee. among you. Sect. 3. Witchcraft (which is fellowship by covenant with a familiar spirit) to be punished with death. Exod. 22. 18. Thou shalt not suffer a witch to live. Deut. 18. 10. There shall not be found among you, one who maketh his son or his daughter to pass through the fire; that devineth divinations, an observer of times, or an enchanter, or a witch. 11. Or e Heb. one that joins himself in fellowship, to wit, with the Devil. a charmer, or a consulter with familiar spirits, or a wizard, or a f Heb. One that seeks to the dead. necromancer. 12. For all that do these things are an abomination to Jehovah: and because of these abominations Jehovah thy God doth drive them out from before thee. Leu. 20. 27. A man also or a woman, that hath a familiar spirit, or that is a g Or foreteller of things to come. wizard, shall surely be put to death; they shall stone them with stones, their blood shall be upon them. Sect. 4. Consulters with witches are not to be tolerated, but either to be cut of by death, or by banishment. Leu. 20. 6. And the soul that h Heb. setteth his face. turneth after familiar spirits and after wizards, to go a whoring after them: I will even set my face against that very soul, and I will cut him of from among my people. Sect. 5. Heresy (which is the maintenance of some wicked error, overthrowing the foundation of our christian Religion, with obstinacy) if it be joined with endeavour to seduce others thereunto; to be punished with death. Because such an heritick (not less than an Idolater) seeketh to thrust the souls of men from the Lord thy God. Deut. 13. 10. 13. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out of the land of Egypt, from the house i Heb. Servants. of bondage. Sect. 6. To worship God in a molten or graven Image, to be punished with death. Exod. 32. 27, 28. And he said unto them, thus saith Jehovah the God of Israel, put every man his sword by his side, and go in and out from gate to gate throughout the Camp, and slay every man his brother, and every man his companion, and every man his neighbour. And the children of Levy did, according to the word of Moses: and there fell of the people that day, about three thousand men. Sect. 7. Such members of the Church as do wilfully reject (to wit, after admonition and conviction) the Churches established, their admonition and censures, shall be cut of by banishment. Sect. 8. Whosoever shall revile the Religion and worship of God, and the Government of the Church, as it is now established, to be cut of by banishment. Sect. 9 Wilful perjury whether before the judgement seat, or in private conference, to be punished with banishment. Just is, that such a man's name should be cut of from his people, who profaneth so grossly the name of God before his people. These three last Sections have no Scripture annexed in my copy. But I suppose the Author groundeth his judgement for banishment, upon Numb. 15. 30, 31. The soul that doth aught with a high hand, whether he be borne in the Land or a stranger, he reproacheth Jehovah: and that very soul shall be cut of from the midst of his people Because he hath despised the words of Jehovah, and hath broken his commandment; in cutting of that very soul shall be cut of, his iniquity upon him. Sect. 10. Profanation of the Lords day, in a careless or scornful neglect or contempt thereof, to be punished with death. Numb. 15 from 30. to 36. But the soul that doth aught with a high hand, whether he be born in the land or a stranger, he reproacheth Jehovah: and that very soul shall be cut of from k Heb. The midst of. among his people. Because he hath despised the word of Jehovah, and hath broken his commandment: that very soul l Heb. In cutting of, shall be cut of. shall be utterly cut of, his iniquity [shall be] upon him. And while the children of Israel were in the wilderness; they found a man gathering sticks, upon the Sabbath day. And they that found him gathering sticks, caused him to be brought unto Moses & unto Aaron, & unto all the Congregation. And they put him in ward, because it was not declared what should be done unto him. And Jehovah said unto Moses, the man shall m Heb. In dying shall dye. surely be put to death; all the Congregation shall stone him with stones, without the camp. And all the Congregation brought him without the camp, and stoned him with stones, that he died; as Jehovah commanded Moses. Sect. 11. To plot and practise the betraying of the Country, or any principal Fort in it, into the hand of any foreign State, Spanish, French, Dutch, or the like, contrary to the Allegiance we profess and own to our dread Sovereign Lord King Charles, his Heirs and Successors (whilst he is pleased to protect us, as his loyal Subjects) shall be punished with death. This hath no Scripture annexed in my Copy, but I suppose is grounded upon the reason of the fame punishment, in the sixteenth Section, by the rule of proportion. For as the destroying of the life of a man is punished with death, so the betraying of a State is the destruction thereof, and culpable of the like punishment. Unreverend and dshonourable carriage to Magistrates, to be punished with banishment for a time, till they acknowledge their fault, and profess reformation. Numb. 12. 11. 14, 15. And Aaron said to Moses: Alas my Lord, jay not the sin upon us, wherein we have done foolishly, and wherein we have sinned. And the Lord said to Moses, if her father n Heb. In spitting had spit. had spit in her face, should she not be ashamed seven days? let her be shut out of the camp seven days, and after o Heb. let her be added, or gathered. let her be received in again. And Miriam was shut out from the Camp seven days, and the people journeyed not till Miriam p Heb. added, or gathered. was brought in again. Quere, whether this was a civil Censure of banishment, or Church-censure of excommunication: The like quere might be made of the censure upon the seventh, eighth, and ninth Sections. Sect. 13. Cursing of the Magistrates in highest ranks amongst us (to wit, of the Governor and Council) to be punished with death. Exo. 22. 28 Thou shalt not curse q Or Judges. the Gods: nor shalt thou curse r Or him that is exalted by the people. the ruler of thy people. 2 Sam. 19 21. Shall not Shemei be put to death for this, because he cursed Jehovah's anointed? 1 King. 2. 8, 9 46. And behold, thou hast with thee Shimei the son of Gera, the son of Jemini of Bahurim: who cursed me with a bitter curse, in the day when I went to Mahanaim: but he came down to meet me at Jordan, and I swore to him by Jehovah, saying, I will not put thee to death by the sword. But now do not thou hold him guiltless, for thou art a wise man: and thou knowest what thou oughtest to do to him, but bring thou down his hoary head to the grave with blood. And the King commanded Benajah the son of Jehojadah, which went out, and fell upon him that he died, etc. § 14. Rebellion, Sedition, insurrection (by taking up arms against the present Government, established in the Country) to be punished with death. Numb. 16. 1, 2, 3. 31, 32, 33. Now Korah the son of Izhar, the son of Kohath, the son of Levi: and Dathan and Abiram sons of Eliah, and Or the son of Peleth, sons of Reuben, took [men.] And they risen up before Moses, and s Heb. Men. certain of the children of Israel, two hundred and fifty: Princes of the assembly, famous in the congregation, men t Heb. Name. of renown. And they gathered themselves together against Moses & against Aaron, and said to them, u Heb. It is too much for you. ye take too much upon you: for all the assembly even all of them are holy, and Jehovah in the mids of them: Wherhfore than lift up yourselves above the congregation of Jehovah? And it came to pass as x Heb. to wit, Moses. he had made an end of speaking all these words: that the earth clavae asunder that was under them. And the earth opened her mouth, and swallowed them up, and their houses: and every man which appertained to Korah, and all their goods. And they and all that appertained to them, went down alive into the grave: and the earth closed upon them, and they perished from among the congregation. Sect. 15. Rebellious children (whether they continued in riot and drunkenness, after due correction from their Parents, or whether they curse, or smite their Parents) are to be put to death. Deut. 21. 18, 19, 20, 21. If a man have a stubborn and rebellious son, which will not y Heb. Hear. obey the voice of his father, and the voice of his mother: and they chasten him, and he will not harken to them. Than shall his father and mother lay hold on him, and bring him unto the elders of his City, and to the gate of his place. And they shall say unto the elders of his City, this our son is stubborn and rebellious, he will not harken to our voice: he is a glutton and a drunkard. And all the men of his City shall stone him with stones, that he die: so shalt thou put away evil from among you, and all Israel shall hear and fear. Leu. 20. 9 For every one who curseth his father, or his mother z Heb. in dying shall dye. shall surely be put to death: he hath cursed his father or his mother, his blood [shall be] upon him. Exo. 21. 17. 15. And he that curseth his father, or his mother, a Heb. in dying shall dye. shall surely be put to death. And he that smiteth his father, or his mother, b Heb. in dying shall dye. shall surely be put to death. Sect. 16. Murder (which is a wilful manslaughter, not in a man's necessary and just defence, nor casually committed, but out of hatred or cruelty) to be punished with death. Exod. 21. 12, 13, 14. He that smiteth a man, so that he die, shall c Heb. In dying shall dye. surely be put to death. But if a man lie not in wait, and God deliver him into his hand, than will I appoint thee a place, whether he shall fly. But if a man come presumptuosly upon his neighbour, to slay him with guile: thou shalt take him from mine altar, that he may dye. Numb. 35. from v 16. to 24. And if he smite him with an instrument of Iron (so that he die) he is a murderer: the murderer d Heb. In dying shall dye. shall surely be put to death. And if he smite e Heb. with a stone in the hand. him with throwing a stone (wherewith he may dye) and he dye, he is a murderer: the murderer f Heb. In dying shall dye. shall surely be put to death. Or if he smite him with a hand weapon of wood, (wherewith he may dye) and he dye, he is a murderer: the murderer g Heb. In dying shall dye. shall surely be put to death: The revenger of blood, he shall slay the murderer; when he meeteth him, he shall slay him. And he if he thrust him of hatred; or hurl at him, by laying of wait, that he die. Or in enmity smite him with his hand, that he die, he that smote him h Heb. In dying shall dye. shall surely be put to death, he is a murderer: the revenger of blood, shall slay the murderer, when he meeteth him. But if he thrust him suddenly, without enmity; or have cost upon him any thing, without laying in wait. Or with any stone wherewith a man may dye (not seeing) and cast it upon that he die; not hating him, nor seeking his harm. Than the Congregation shall judge, between the slayer, and the revenger of blood: according to these judgements. And the Congregation shall deliver the slayer, out of the hand of the revenger of blood, etc. Gen. 9 6. He that sheddeth man's blood, by man shall his blood be shed: for in the Image of God, he made man. Sect. 17. Adultery (which is the defiling of the marriage bed) to be punished with death. Leu. 20. 9 And the man that committeth adultery with another man's wife, which commits adultery with his neighbour's wife: the adulterer and the adulteress, i Heb. In dying shall dye. shall surely be put to death. Deut. 22. 22. If aman be found lying with a woman married to a husband, than they shall both of them dye, the man that lay with the woman, and the woman: so shalt thou put away evil from Israel. Defiling of a woman espoused, is a kind of adultery, and punishable by death of both parties; but if the woman be forced, than by the death of the man only. Deut. 22. 23, 24, 25, 26, 27. If a damsel be a virgin, betrothed to an husband: and a man find her in the City, and lie with her. Than ye shall bring them out unto the gate of that City, and ye shall stone them with stones, that they die: the damsel, because she cried not in the City, and the man, because he hath humbled his neighbour's wife: so thou shalt put away evil from among you. But if a man find a betrothed maid in the field, and the man k Or detain her by force. force her, and lie with her: than the man only that lay with her, shall dye. But unto the damsel thou shalt do nothing, there is in the damsel no sin worthy of death: because, as when a man riseth up against his neighbour l Heb. And killeth him with his soul or life. and slayeth him; so is this matter. For he found her in the field: the betrothed damsel cried, and there was none to save her. Sect. 18. Incest (which is the defiling of any that are near of kin, within the degrees prohibited in Leviticus) to be punished with death. Leu. 20. 11, 12. 14. 17. 19, 20, 21. And the man that lieth with his father's wife, hath uncovered his father's nakedness: both of them m Heb. In dying shall dye. shall be surely put to death, their blood [shall be] upon them. And that man which lieth with his daughter in law, both of them n Heb. In dying they shall dye. shall surely be put to death: they have wrought confusion, their blood [shall be] upon them. And the man take a wife and her mother, [it is] wickedness: they shall burn both him and them with fire, that there be no wickedness among you. And if a man shall take his sister, his father's daughter, or his mother's daughter, and see her nakedness, and she see his nakedness, it is a o Or a reproach. wicked thing, and they shall be cut of in the sight p Of the children of their people. of their people; he hath uncovered his sister's nakedness, he shall bear his iniquity. And thou shalt not uncover the nakedness of thy mother's sister, nor of thy father's sister: for he q Heb. maketh naked. uncovereth his near kin, they shall bear their iniquity. And if a man lie with his uncle's wife, he hath uncovered his uncle's nakedness: they shall bear their sin, they shall dye childless. And if a man shall take his brother's wife, it is an unclean thing; he hath uncovered his brother's nakedness, they shall be childless. Sect. 19 Unnatural filthiness to be punished with death; whether Sodomy (which is carnal fellowship of man with man, or woman with woman): or buggery, which is carnal fellowship of man or woman with beast or fowl. Leu. 20. 13. 15, 16. If a man also lie with mankind, r Heb. with the copulations of a woman. as he lieth with a woman: both of them have committed abomination, they s Heb. In dying they shall dye. shall surely be put to death, their blood [shall be] upon them. And if a man t Heb. In dying they shall dye. lie with a beast, † Heb. give his lying with a beast. he u Heb. to have beastly copulation therewith. shall surely be put to death; and ye shall slay the beast. And if a woman approach unto any beast, x Heb. In dying they shall dye. and lie down thereunto; thou shalt kill the woman and the beast: they shall surely be put to death, their blood [shall be] upon them. Sect. 20. Pollution of a woman known to be in her flowers, to be punished with death. Leu. 20. 18. And if a man lie with a woman having her sickness, and uncover her nakedness, he hath y Heb. made naked. discovered her fountain, and she hath discovered the fountain of her blood: and both of them shall be cut of from among their people. Sect. 21. Whoredom with a maid in her father's house, kept secret, till after her marriage with another; to be punished with death. Deut. 22. 20, 21. But if this thing be z Heb. Truth. true; the tokens of virginity are not found for the virgin. Than they shall shall bring out the damsel, to the door of her father's house, and the men of her City shall stone her with stones, that she die, because she hath wrought folly in Israel, to play the whore in her father's house: so shalt thou put away evil from among you. Sect. 22. Man-stealing, to be punished with death. Exod. 21. 16. And he that stealeth a man, and selleth him, or if he be found in his hand, a Heb. in dying shall dye. shall surely be put to death. Deut. 24. 7. If a man be found stealing b Heb. A soul. any of his brethrens of the children of Israel, and make gain of him, or cell him: than that very thief shall dye, and thou shalt put evil away from among you. Sect. 23. False witness against life, to be punishned with death. Deut. 19 16. 21. If a c Heb. A witness of wrong. false witness rise up against a man; d Or spare. to testify against that which is wrong. And thine eye shall not e Heb. soul for soul. pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot. CHAP. VIII. Of other crimes less heinous, such as are to be punished with some corporal punishment or Fine. Sect. 1. FOrcing of a maid or a rape, is not punished by God's law by death. But 1. with a fine or penalty to the father of the maid. 2. With marriage of the maid defiled; to wit, if she and her father consent. 3. With corporal punishment of stripes. f By proportion of the law, Deut. 22. 17, 18. For this wrong is a real slander: and worse to make an whore, than to say one is a whore. Deut. 22 28, 29. If a man find a damsel a maid, which is not betrothed, and lay hold of her, and lie with her: and they be found. Than the man that lay with her shall give unto the damsels father, fifty [shekels] of silver: and she shall be his wife, because he hath humbled her, he may not put her away all his days. Deut. 22. 17, 18. And lo he hath given occasion of speech [against her] saying, I found not g Heb. the tokens of thy daughter's virginity. thy daughter a maid, yet these are the tokens of my daughter's virginity: and they shall spread the cloth, before the Elders of the City. And the Elders of that City shall take that man: and shall chastise him. Sect. 2. Fornication to be punished. 1. With marriage of the maid, or giving her a sufficient dowry. Exod. 22. 16. And if a man entice a maid that is not betrothed, and lie with her: he h Heb. Endowing, he shall endow her. shall surely endow her to be his wife. If her father i In refusing doth refuse. utterly refuse, to give her to him: he shall k Heb. weigh. pay money, according to the dowry of virgins. 2. It is to be punished with stripes (though lesser) from the equity of the former case. Sect. 3. Rash and profane swearing and cursing to be punished. 1. With loss of honour or office if he be a Magistrate or Officer. Meet it is that their name should be dishonoured, who do dishonour God's name. 2. With loss of freedom. 3. With disability to give testimony. 4. With corporal punishment; either by stripes, or by branding them with an hot iron, or boring through the tongue, as he hath bored and pierced God's name. This seems to be grounded upon the equity of the Law of blasphemy, in the 7. Chapter and 1. Section, by way of proportion. However my copy hath no Scriptures annexed. Sect. 4. Drunkenness (or transforming God's image into a beast) is to to be punished with the punishment of beasts. Prov. 26. 3. A whip for the horse, a bridle for the ass: and a rod for the baek of fools. §. 5. maiming or wounding of a freeman (whether free Burgess or free inhabitant) to be punished with a fine, and with loss of member for member, or some valuable recompense, and to pay for his cure and for the loss of his time. Exod. 21. 18, 19 22, 23, 24, 25. And if men strive together, and l Heb. a man smite his neighbour. one smite another, with a stone, or with his fist: and he die not, m Heb. falleth upon his bed but keepeth his bed. If he rise again and walk abroad, upon his staff, than shall he that smote him be quit: only he shall n Heb. Give for his rest ●● cessation. pay for the loss of his time, and o Heb. In healing shall 'cause him t● be healed. shall 'cause him to be throughly healed. And if men strive, and hurt a woman with child, so that her fruit departed from her, and yet no p Or death. mischief follow: he q Heb. in punishing, he shall be punished. shall be surely punished, according as the woman's husband will lay upon him, and he shall pay as the Judges [shall determine.] But if any r Or death b● mischief follow, than thou shalt give life for life, eye for eye, tooth for tooth: hand for hand, foot for foot. Burning for burning, wound for wound: stripe for stripe. Leu. 24. 19 20. And if a man 'cause a blemish, in his neighbour: as he hath done, so shall be done to him. Breach for breach, eye for eye, tooth for tooth: as he hath caused a blemish in a man, so shall it be done to him again. But if it be the maiming or wounding of a servant, the servant to go forth free from such a service. Exo. 21. 20, 21. 26, 27. And if a man smite his servant or his maid with a rod, and he lie under his hand: s Heb. in avenging they shall be avenged. he shall surely be punished. Notwithstanding if he continued a day or two days: he shall not be punished t Or avenged. for he is his money. And if a man smite the eye of his servant, or the eye of bis maid, that it perish: u Heb. shall dismiss him, because of his eye. he shall let him go free for his eye sake And if he smite out his man-servants tooth, or his maidservants tooth, he x Heb. shall dismiss him, because of his tooth. shall let him go free for his teeth sake. Sect. 6. If a man steal a beast, and it be found in his hand, he shall make restitution two for one. If it be killed and sold, restitution is to be made, of five oxen for one, and of four sheep for one. Exod. 22. 1. 4. If a man steal an ox or a sheep, and kill it, or cell it: he shall restore five oxen for an ox, and four sheep for a sheep. If the theft y Heb. in finding be found. be certainly found in his hand alive, whether ox, or ass, or sheep, he shall restore double. If the thief be not able to make restitution, than he is to be sold by the Magistrate for a servant, till by his labour he may make due restitution. Exod. 22. 3. If the sun be risen upon him, there shall be blood shed for him: z Heb. in restoring he should restore. he should make full restitution, if he have nothing, than shall he be sold for his theft. Sect. 7. If a Thief be found breaking up a house by night, and be slain, his smiter is guiltless. Exod. 22. 2. If a thief be found breaking up, and be smitten that he die: Not blood [shall be shed] for him. But in the day time he is to make full restitution, or if he be not able, than to be sold, as before. Sect. 8. Slanders are to be punished. 1. By as public acknowledgement, as the slander was public. 2. By a mulct or fine of money, where the slander bringeth damage. 3. By stripes, if the slander be gross and odious, and against such persons whom a man aught to honour and cherish, whether they be his superiors, or in some degree of equality with himself, as his wife. Deut. 22. 17, 18, 19 And lo he hath given occasion of speech [against her] saying, I found not a Heb. the tokens of thy daughter's virginity. thy daughter a maid, yet these are the tokens of my daughter's virginity: and they shall spread the cloth before the elders of the City. And the elders of the City shall take that man: and shall chastise him. And they may amerce him in an hundred [sheckels] of silver, and shall give to the father of the damsel, because he hath brought an evil name upon a virgin of Israel: and she shall be his wife, he may not put her her away all his days. CHAP. IX. Of the trial of Causes, whether civil or criminal, and the execution of sentence. SECT. 1. IN the trial of all causes, no judgement shall pass, but either upon confession of the party, or upon the testimony of two witnesses. Deut. 19 4. One witness shall not rise up against a man, for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. Deut. 17. 6. At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death: he shall not die at the mouth of one witness. Sect. 2. Trial by Jurors shall not be denied, where either the Delinquent requireth it, in causes criminal; or the Plaintiff or Defendant in causes civil. Partly to preserve the liberty of the people, and partly to prevent suspicion of partiality of any Magistrate in the Court. Sect. 3. The Jurors are not to be chosen by any Magistrates, or Officers, but by the free Burgesses of each Town. Especially out of such Town, as can give best light to the causes depending in Court, and who are lest obnoxious to suspicion of partiality: And the Jurors so chosen, to be nominated to the Court, and to attend the service of the Court. Sect. 4. The sentence of Judgement, upon criminal causes and persons, shall be executed in the presence of the Magistrates, or some of them at the lest. Deut. 25. 2. And it shall be, if the wicked man be worthy to be beaten; that the Judge shall 'cause him to lie down, and to be beaten before his face, according to his fault, by a cetain number. Sect. 5. Stripes are not to be inflicted, but where the crime of the offender is accompanied with childish or brutish folly, or with rude filthiness, or with stubborn insolency, or with beastly cruelty, or with idle vagrancy. But when stripes are due, not above forty are to be inflicted. Deut. 25. 3. Forty stripes he may give him, and not exceed: jest [if] he should exceed and beat him above these with b Heb. a great striking. many stripes, than thy brother should seem vile unto thee. Sect. 6. Not free man (whether free Burgess, or free inhabitant) to be imprisoned, but either upon conviction, or at lest probable suspicion of some crime formerly mentioned, and the cause of his imprisonment to be declared, and tried at the next Court following at furthest. 2 Sam. 23. 3. He that ruleth over men [must be] just, ruling in the fear of God. Deut. 25. 43. 46. Thou shalt not rule over him with rigour: but shalt fear thy God. But over your brethrens the children of Israel, one over his brother, ye shall not rule with rigour. According to the manner of the Egyptians, Exod. 1. 13, 14. who made the children of Israel to serve with rigour. And they made their lives bitter unto them with hard bondage, etc. CHAP. X. Of causes criminal between our people and foreign Nations. Sect. 1. IN case any of our people should do wrong to men of another Nation, upon complaint made to the Governor, or some other of the Council or Assistants, the fact is diligently to be inquired into; and being found to be true, full restitution is to be made out of the goods of the offender (as the case shall require) and the offender himself to be severely punished, according to the quality of the crime. Mat. 7. 12. Therefore all things whatsoever ye would that men should do to you, do ye even so to them; for this is the law and the Prophets. Sect. 2. In case the people of another Nation have done any wrong to any of ours, right is first to be demanded of the Governor of that people, and justice upon the Malefactor, which if it be granted and performed, than no breach of peace to follow. Deut. 20. 10, 12. When thou comest nigh unto a City, to fight against it; than proclaim peace unto it. And it shall be, if it make thee an answer of peace, and open unto thee: than it shall be that all the people that are found therein, should be tributaries unto thee, and they shall serve thee. 2 Sam. 20. 18, 19, 20, 21, 22. Than she spoke, saying: c Heb. In speaking it is want to be said from the beginning, saying, enquiring they shall inquire of Abel, & so they perfectly concluded. they were want to speak in old time, saying, they shall surely ask counsel at Abel, and so they ended [the matter.] Sect. 3. If right of justice be denied, and it will not stand with the honour of God, and safety of our Nation that the wrong be passed over, than war is to be denounced and undertaken. Deut. 22. 12, 13. But if it will make no peace with thee, but will make war with thee: than besiege thou it straight. And the Lord thy God will deliver it into thine hands: and thou shalt smite every male thereof with the d Heb. the mouth of the sword. edge of the sword. Sect. 4. Some Minister is to be set forth to go along with the Army for their instruction and encouragement. Deut. 20. 1, 2, 3, 4. And it shall be, when ye are come nigh unto the battle; than the Priest shall approach and speak unto the people. And he shall say to them, Hear o Israel, ye are approaching this day unto battle against your enemies: let not the heart of any of you be tender, fear not, nor be solitous, e Or hasty. neither be ye terrified f Heb. from before them. because of them. For Jehovah your your God, he goeth with you: to fight g Or on your side. for you, with your enemies, to save you. Sect. 5. Men betrothed and not married, or newly married; and such as have newly built or planted, and not reaped the fruit of their labours: and such as are faint-hearted, are not to be pressed or forced against their wills to go forth to war. Deut. 20. 5, 6, 7, 8. And the Officers shall speak to to the people, saying: what man [is there] that hath built a new house, and h Or imitated it. hath not dedicated it? let him go, and return to his house; jest he die in the battle, and another i Or imitate it. man dedicated it. And what man [is there] that hath planted a vineyard, and hath not k Heb. made it common. eaten of it? let him go and return to his house: jest he die in the battle, and another man l Heb. make it common. eat of it. And what man [is there] that bath betrothed a wife, and hath not taken her? let him go, and return to his house; jest he die in the battle, and another man take her. And the Officers m Heb. shall add to speak. shall speak further to the people: and they shall say, what man [is there] that is fearful, and n Heb. tender heart. faint-hearted? let him go, and return to his house; jest his brethren's heart o Heb. melt. faint, as well as his heart. Deut. 24, 5. When a man taketh a new wife, be shall not go forth with the army, nor p Heb. nor shall any thing pass upon him. be charged with any business: he shall be q Heb. innocent to his house. free at home one year, and shall cheer up his wife which he hath taken. Sect. 6. Captains are to be chosen by the Officers. Deut. 20. 9 And it shall be, when the Officers have made an end of speaking to the people: they shall make Captains of the Armies to lead the people. Sect 7 All wickedness is to be removed out of the Camp by severe discipline. Deut. 23 9 12, 13, 14. When the host goeth forth to war against thine enemies; than keep thyself, from every wicked thing. And there shall be a place for thee, without the Camp: and thou shalt go thither, abroad. And thou shalt have a paddle upon thy weapon: and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn bacl, and cover that which cometh from thee. For Jehovah thy God walketh in the midoest of thy Camp, to deliver thee, and to give up thine enemies before thee, therefore shall thy Camp be holy: that he may not see in thee the nakedness of any thing, and turn away from thee. Sect. 8. Aide in war from men of a corrupt and false religion is not to be accepted, much less sought for. 2 Chron. 25. 7, 8. But there came a man of God to him, saying, O King, let not the army of Israel go with thee: for Jehovah [is] not with Israel [to wit] all the children of Ephraim. But if to go thou [determine], make thyself strong for the y Or War. battle: God will make thee fall before the enemy, for God hath power, to help and to cast down. Sect. 9 Women (especially such as have not lain by man) little children and cattles, are to be spared and reserved for spoil. Deut. 20. 14. But the women and the little ones, and the cattles, and all that is in the City, all the spoil thereof thou shalt take as a prey to thyself: and thou shalt eat the spoil of thine enemies, which Jehovah thy God hath given thee. Sect. 10. Fruit-trees, that may be of use for meat to our own Soldiers, are not to be cut down or destroyed, and consequently not corn. Deut. 20. 19, 20. When thou shalt besiege a City many days, in making war against it to take it, thou shalt not destroy the z Heb. wood. trees thereof by forcing an axe against them, for thou mayest eat thereof, and thou shalt not cut them down: for o man it is to be employed by thee in the siege. But the tree which thou knowest, that it is not a tree for meat, that thou mayest destroy and cut down: that thou mayest build a bulwark against the City that is making war with thee, until thou hast subdued it. Sect. 11. The spoils gotten by war, are to be divided into two parts, between the Soldiers and the Commonwealth that sent them forth. Numb. 31. 27. And divide the prey into two parts, between them that took the war upon them, who went out to battle; and between all the congregation. Sect. 12. A tribute from both is to be levied to the Lord, and given to the treasury of the Church. A fiftieth part out of the Commonwealth's part; and a five hundreth part out of the part of the Soldiers. Numb. 31. 28, 29, 47. And levy a a Heb. A portion. tribute for Jehovah, of the men of war that went out to war, one soul of five hundred: both of the persons, and of the beefs, and of the asses, and of the sheep. Take ye it of their half; and give it unto Eleazar the Priest, for an heave offering of Jehovah. Even of the children of Israel's half, Moses took, one portion of fifty, of the men and of the beasts; and gave them to the Levites, that keep the charge of the Tabernacle of Jehovah, as Jehovah commanded Moses. Sect. 13. If all the Soldiers return bacl again in peace, not one lacking; It is acceptable to the Lord, if they offer, over and above their tribute, a voluntary oblation to the treasury of the Church: For a memorial of the redemption of their lives, by the special providence and salvation of the Lord of Hosts. Numb. 31. 48, 49, 50. And the Officers which were over the thousands of the host, the Captains of thousands, and Captains of hundreds, came near unto Moses. And they said unto Moses, thy servants have taken the b Heb head. sum of the men of war that are c Heb. in our hand. under our charge; and there d Heb. There is not a man numbered from us. lacketh not one of us. We have therefore brought e Heb. The oblation of Jehovah. an oblation for the LORD, every one that hath found a vessel of gold, a chain and bracelet, a ring, an earring or tablet: to make an atonement for our souls before Jehovah. And Moses and Eleazar the Priest took the gold of them: every wrought vessel. Isa. 33. 22. Jehovah is our Judge, jehovah is our Lawgiver, jehovah is our King, he will save us. Amen. FINIS. An Analysis of Laws and Government accommodated to New-England. Laws concern 1. Either persons 1. Magistrates. 1. Governor. 2. Assistants. 1. Councillors. 2. Judges. 1. Of the whole Country 2. Of each Town. 2. People. 2. Or causes 1. Civil, and they concern 1. Either public State 1. Of the whole country. 1. For their protection. 2. For their provision. 2. Of each town concerning 1. For their Lands. 2. For their Treasury. 2. Or particular persons. 1. In their personal Inheritance & proprieties 2. In their mutual commerce, whether in a way 1. Of buying & selling 2. Of lending and borrowing. 2. Criminal. 1. Between the members of our Commonwealth, and they are 1. Either Trespasses. 2. Or capital crimes. 2. Between our people and foreign Nations, whether in case 1. That we do them wrong. 2. That they do us wrong. These are the principal faults which have escaped the Press, which I would desire the Reader to correct. PAge 2. l. 20. add Josh. 24. 1. And Joshua gathered together all the tribes of Israel to Shechem, etc. p. 5. l. 34. for any two, read any one or two. p. 7. l. 21. r. liberty. p. 8. l. 26 r. paid for out. p. 10. l. 2. r. account at. p. 14. l. 17. r. Prov, 16. 11 p 16. l. 1. r. standing corn. p. 16. l. 37. r. thirty [shekels] of silver, & blot out the marg. p. 20. l. 4. r. their God. p. 24. l. 4. r. cast it upon him, etc. p. 24. l. 11. r. Leu. 20. 10. p. 25. l. 3. r. taketh p. 25. in the margin, the note with the letter ᵘ appertains to ˣ, and that to the letter ˣ which belongs to u. p. 26. l. 11. r. against him. p. 29. l. 16. r. Deut. 19 15 p. 30. l. 25. r. Leu. 25. p. 31. l. 15. r. important wrong. p. 31. l. 21. r. shall be. p. 32. l. 3. r. sent. l. 9 r. solicitous. l. 11. blot out one your; and in the marg. for imitated it, read initiated it, and for imitate r. initiate, and for tender heart r. tender hearted.