AN ABSTRACT OR THE LAW OF NEW ENGLAND, As they are now established. two figures, one holding an olive branch or palm, with letters T and P LONDON, Printed for F. Coules, and W. Ley at Paul's Chain, 1641. AN ABSTRACT Of the Laws of New ENGLAND. CHAP. I. Of Magistrates. 1 FIrst, All Magistrates are to be chosen. Deut. 1.13.17.15. Ex. 18.21. First, By the free Burgesses. Secondly, Out of the free Burgesses. Thirdly, Out of the ablest men and most approved amongst them. Fourthly, Eccl. 10.17. jer. 30.21. Out of the rank of Noble men or Gentlemen among them, the best that God shall send into the Country, if they be qualified with gifts fit for Government, either eminent above others, or not inferior to others. 2 The Governor hath power with the Assistants to govern the whole Country, according to the Laws established hereafter mentioned; He hath power of himself, and in his absence the Deputy Governor, to moderate all public actions of the Commonwealth, as First, To send out warrants for the calling of the general Court. Iosh. 24.1. Secondly, To order and ransack all actions in the Court where he sitteth: as, to gather Suffrages and Voices, and to pronounce Sentences according to the greater part of them. 3 The power of the Governor with the rest of the Counsellors, is First, Num. 11.4 to 16. To consult and provide for the maintenance of the State and People. Secondly, Ex. 18.22. Deu. 17.8, 9 Ex. 32.25, 27. To direct in all matters wherein Appeal is made to them from inferior Courts. Thirdly, To preserve Religion. 4 To oversee the Forts and Munition of the Country, 2 Cor. 19.11.32 23.45. 6. Ex. 17.9. Prov. 24.6 and to take order for the protection of the Country from foreign invasion, or intestine sedition, as need shall require, with consent of the people to enterprise wars. And because these great affairs of the State cannot be attended, nor administered, if they be after changed; therefore the Counsellors are to be chosen for life, 1 Kings 12.6. unless they give just cause of removal, which if they do, than they to be removed by the General Court. 4 The power of the Governor, Ex. 18.22. sitting with the Counsellors and Assistants, is to hear and determine all causes whether Civil or Criminal, Deu. 1.16.17. which are brought before him through the whole Commonwealth: Yet reserving liberty of Appeal from him to the general Court. 5 Every Town is to have judges within themselves, Deu. 16.18 whose power shall be once in the month, or in three months at the 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. 6 For the better expedition and execution of justice, and of all affairs incident unto every Court. Deu. 16.18 jer. 36.10. & 12. Every Court shall have certain Officers, as a Secretary to enrol all the Acts of the Court; And besides Ministers of justice, to attach, and fetch, and set persons before the Magistrates; and also to execute the Sentence of the Court upon offenders: And for the same end, it shall be lawful for the Governor or any one or two of the Counsellors, 1 Sam. 20.24.25. or Assistants, or judges, to give warrant to an Officer, to fetch any delinquent before them, and to examine the cause, Acts 5.26: 27. and if he be found culpable of that crime, to take order by surety or safe custody for his appearance at the Court. 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 Counsel, or any two of the Assistants or judges, to see execution done upon any offenders for any crime that is not capital, according to the Laws established: Yet still reserving a liberty of Appeal from them to the Court, and from an Inferior Court to an Higher Court. CHAP. II. Of the free Burgesses and free Inhabitants. 1 FIrst, All the free Burgesses excepting such as were admitted men before the establishment of Churches in the Country, shall be received and admitted out of the members of some or others of the Churches in the Country, such Churches as are gathered or hereafter shall be gathered with the consent of other Churches already established in the Country, and such members as are admitted by their own Church unto the Lords-Table. 2 These free Burgesses shall have power to choose in their own Towns fit and able men out of themselves, to be the ordinary judges of in feriour Causes, in their own Town, and against the approach of the General Court to choose two or three, as their Deputies and Committees, to join with the Governor and Assistants of the whole Country, to make up and constitute the General Court. 3 This General Court shall have power, First, By the Warrant of the Governor or deputy Governor, to assemble once every quarter or half a year or oftener, a● the affairs of the Country shall require, and to sit together till their affairs be dispatched. 2 To call the Governor and all the rest of the public Magistrates and Officers into place, and to call them also to account for the breach of any Laws established, or other misdeameanour, and to censure them as the quality of the fact may require. Thirdly, To make and repeal Laws. Fourthly, To dispose of all Laws in the Country, and to assign them to several Towns or persons, as shall be thought requisite. Fifthly, To impose a levy of moneys, for the public service of the Commonwealth, as shall be thought requisite for the provision and protection of the whole. Sixthly, To hear and determine all causes, wherein appeal shall be made unto them, or which they shall see cause to assume, into their own cognisance or judicature. Seventhly, To assist the Governors and Counsellors in the maintenance of the purity and unity of Religion, and accordingly to set forward and uphold all such good causes as shall be thought fit, for that end, by the advice with consent of the Churches, and to repress the contrary. Eighthly, In this general Court nothing shall be concluded but with Common consent of the greater part of the Governors, or Assistants, together with the greater part of the Deputies of the Towns, unless it be in election of Officers, where the liberty of the people is to be preferred, or in judging matters of offence against the Law, wherein both parties are to stand to the direction of the Law. Ninthly, All the householder of every Town, shall be accounted as the free Inhabitants of the Country, and accordingly shall enjoy freedom of Commerce and Inheritance of such lands, as the general Court or the several Towns wherein they dwell shall allot unto them, after they have taken an Oath, or given other security to be true and faithful to the State, and subject to the good and wholesome Laws established in the Country by the general Court. CHAP. III. Of the protection and provision of the Country. 1 FIrst, 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 to be made for the maintenance of military Officers and Forts. 2 Because fishing is the chief staple commodity of the Country, therefore all due encouragement to be given, unto such hands as shall set forwards 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 and Ship writes, shall be allowed, man for man, or some or other of the Labourers of the Country, to plant and to reap for them, in the season of the year, at the public charge of the Commonwealth, for the space of these seven years next ensuing; and such Labourers to be appointed and paid by the Treasurer of the Commonwealth. 3 Because no Commonwealth can maintain either their authority at home, or their honour and power abroad, without a sufficient Treasury: a Law therefore to be made for the electing and furnishing of the Treasury of the Commonwealth, which is to be supplied and furnished. 1 By the yearly payment. First, Of one penny, or half penny an Acre of Land to be occupied throughout the Country. Land in common by a Town to be paid for out of the Stock or Treasury of the same Town. Secondly, Of a penny for every beast, Horse or Cow. Thirdly, Of some proportionable rate upon Merchants. This rate to be greater or less as shall be thought fit. 2 By the payment of a barrel of Gunpowder, or such goods, or other munitions out of every ship, that bringeth foreign Commodities. 3 By fines and mulcts upon trespassers beasts. 4 A Treasurer to be chosen by the free Burgesses out of the Assistants, who shall receive and keep the Treasury and make disbursements out of it, according to the direction of the general Court, or of the Governor or Counsellors, whereof they are to give an account at the general Court. It shall pertain also to the Office of the Treasurer, to survey and oversee all the munitions of the Country, as Cannons, Culverin, Muskets, Powder, Match, Bullets, and to give account thereof to the Governor and Counsel. 5 A Treasury also or Magazine, or Storehouse to be erected, and furnished in every Town, as Deut. 14.28. distinct from the Treasury of the Church, that provision of Corn and other necessaries, may be laid up at the best hand, for the relief of such poor, as are not members of the Church; and that out of it such Officers may be maintained, as Captains and such 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 belong to any Town, come to be alienated from the Townsmen, which may avoidable fall out: Yet a supply may be had and 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, and to be paid unto the Treasury of the Town. This Treasury to be supplied. 1 First, By the yearly payment of some small rate upon Acres of Land. 2 By fines or amerciaments put upon trespassours' beasts. A Town Treasurer to be appointed for the oversight and ordering of this chosen out of the free Burgesses of the same Town, who is to dispose of things under his charge, according to the directions of the judges of the Town, and to give account at the Town's Court to the judges and free Burgesses of the Town or to some elected by them. CHAP. IU. Of the right of Inheritance. 1 FIrst, Forasmuch as the right of disposals of the Inheritance of all 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 as right of Inheritance to such Towns and their successors, and to such persons and to their heirs and Assigns as their propriety for ever. Whatsoever Lands belong to any Town, shall be given and assigned by the Town or by such Officers therein, as they shall appoint unto any person, the same shall belong and remain, unto such person and his heirs and assigns as his proper right for ever. 3 And in dividing of Lands to the several persons in each Town, as regard is to be had partly to the number of the persons in family: To the more assigning the greater allotment, to the fewer less, and partly by the number of beasts, Num. 26.53 54. Num 35.3. by the which a man is fit to occupy the Land assigned to him, and subdue it: Eminent respect (in this case may be given to men of eminent quality and descent) in assigning unto them more large and honourable accommodations, in regard of their great disbursements to public charges. 4 Forasmuch 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 ordered, that wheresoever the Lands of any man's Inheritance shall fall, yet no man shall set his dwelling house above the distance of half a mile or a mile at the furthest, from the meeting of the Congregation, where the Church doth usually assemble for the worship of God. 5 Inheritances are to descend naturally to the next of kin, Num. 27.7. to 11. according to the Law of Nature, delivered by God. 6 If a man have more Sons than one, Deu. 21.17 than a double portion to be assigned, and bequeathed to the eldest Son, according to the Law of Nature, unless his own demerit do deprive him of the dignity of his Birthright. 1 Chr. 5. 1● 7 The will of a testator, is to be approved, or disallowed by the Court of Governors, and Assistants, or by the Court of judges in each Town; yet not to be disallowed by the Court of Governors, unless it appear either to be counterfeit or unequal, either against the Law of God, or against the public weal, or against the due right of the Legatours. 8 As God in old time, in the Commonwealth of Israel, forbade the alienation of Lands from one Tribe to another, so to prevent the like inconvenience in the alienation of Lands, from one Town to another it were requisite to be ordered. 1 First, that no free Burgess, or free Inhabitant of any Town shall sell the Land allotted to him in the Town, (unless the free Burgess of the Town give consent unto such sale, or refuse to give due price answerable to what other offer without fraud) but to some one or other of the free Burgesses, or free Inhabitants of the same Town. 2 That if such Lands be sold to any others, the sale shall be made with reservation of such a rend charge to be paid to the Town Stock, or Treasury of the Town, as either the former occupiers of the Land were wont to pay towards all the public charges thereof; whether in Church or Town, or at least after the rate of three shillings the acre or some such like proportion, more or less, as shall be thought fit. 3 That if any free Burgesses, or free Inhabitants 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, from the Towns whence they remove: But if they shall keep the right of Inheritance, in their own hands, & not sell it as before, then, they shall reserve a like proportion or Rent charge out of their Land, to be paid to the public Treasury of the Town, as hath been wont to be paid out of it to the public charges of the Town and Church, or at least after the rate of three or five shillings an Acre, as before. 4 That if the Inheritance of a free Burgess, or free Inhabitants of any Town fall to his daughters, as it will do for defect of heirs males, that then if such daughters do not marry to some of the Inhabitants of the same Town where their Inheritance lieth, nor sell their Inheritance to some of the same Town as before, that then they reserve a like proportion of rend charge out of their Lands to be paid to the public Treasury of the Town, as hath been wont to be paid out of them, to the public charge of the Town and Church; or at least after the rate of three or five shillings an Acre, provided always that nothing be paid to the maintenance of the Church out of the Treasury of the Church or Town, but by the free consent and direction of the free Burgesses of the Town. CHAP. V Of Commerce. 1 FIrst it shall be lawful for the Governor with one or more of the Counsel, to appoint a reasonable rate of prizes upon all such commodities as are out of the Ships, to be bought and sold in the Country. 2 In trucking or trading with the Indians no man shall give them for any commodity of theirs, Silver or Gold, or any weapons of war, either Guns or Gunpowder, nor Sword, nor any other munition, which might come to be used against ourselves. 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 reasonable rates upon all comodities, 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 prizes throughout the Country, and all to be confirmed if need be by the general Court. 4 Just weights and balances to be kept between buyers and sellers, Leu. 19.35.36. Pro. 11.1. and 16.11. and 20.10. Deu. 24 10 11, 12, 13. Exod. 22.26, 27. and for default thereof the profit so wickedly and corruptly gotten, with as much more added thereto, is to be forfeited to the public Treasury of the Commonwealth. 5 If any borrow aught of his neighbour upon a pledge, the lender shall not make choice of what pledge he will have, nor take such pledge as is of daily necessary use unto the debtor, or if he do take it, he shall restore it again the same day. 6 No increase to be taken of a poor brother or neighbour, Ex. 22.25. Leu. 25.36 37. for any thing lent unto him. 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 seethe his goods no other wise used than with his consent, the borrower shall not make them good: If they were hired, Ex. 22.14, 15. the hire is to be paid and no more. CHAP. VI Of Trespasses. 1 IF a man's Swine or any other beast, or a fire kindled, Ex. 22.5, 6, break out into another man's field or corn, he shall make full restitution both of the damage made by them, and of the loss of time, which others have had in carrying such Swine or beasts unto the owners, or to the fold. But if a man put his beasts or Swine into another's field, restitution is to be made of the best of his own, though it were much better than that which were destroyed or hurt. 2 If a man kills another man's beast, or dig and open a pit, Leu. 24.18 Ex 21.34. and leave it uncovered, and a beast fall into it; he that killed the beast, or the owner of the pit shall make restitution. 3 If any man's beast kill the beast of another, Exo. 21.35 the owner of the beast shall make restitution. 4 If a man's Ox or other beast, Ex. 21.28, 29, 30, 31. gore or by't and kill a man or a woman, whether Child or of 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 wont to push or by't in times past, and the owner hath been told it, and hath not kept him in; then both the Ox or beast shall be forfeited and killed, and the owner also put to death, or fined to pay what the judges and the persons damnified shall lay on him. 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, & no evidence appear to the contrary, he shall be quit, Ex ●. 2, 1● 1. but if he be found false or unfaithful, he shall pay double unto his neighbour. But if a man take hire for the goods committed to him, and they be stolen, the keeper shall make restitution: But if the beast so kept for hire die or be hurt, or be driven away, no man seeing it, than 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, and a piece be brought for witness, it excuseth the keeper. CHAP. VII. Of Crimes. ANd first, of such as deserve capital punishment, or cutting off from a man's people, whether by death or banishment. 1 First, Blasphemy. Leu. 24, 11 to 16. Idolatry. Deu. 13.10 15, 16. Witchcraft. Ex. 22: 18.20.27 Leu. 19 31. Consulters with Witches. Heresy. Zac. 13.3. False worship. Ex. 32.27, 28 Scandalous livers. 1 Cor. 5.5. Revilers ●f Religion. Blasphemy which is a cursing of God by Atheism or the like, to be punished with death. 2 Idolatry to be punished with death. 3 Witchcraft which is fellowship by covenant with a familiar Spirit to be punished with death. 4 Consulters with Witches not to be tolerated, but either to be cut off by death, or by banishment. 5 Heresy which is the maintenance of some wicked errors, overthrowing the foundation of Christian Religion, which obstinacy if it be joined with endeavour, to seduce others thereunto to be punished with death: because such an Heretic no less than an Idolater seeketh to thrust the souls of men from the Lord their God. 6 To worship God in a molten or graven Image, to be punished with death. 7 Such members of the Church, as do wilfully reject to walk after due admonition, and conviction, the Church's establishment, and their christian admonition and censures, shall be cut off by banishment. 8 Whosoever shall revile the Religion and Worship of God, and the Government of the Church as it is now established, to be cut off by banishment. 9 Wilful perjury, Wilful perjury. whether before the judgement seat or in private conference, to be punished with death. 10 Rash perjury whether in public or in private, Rash per. jury. to be punished with banishment, just it is that such a man's name should be cut off from his people, who prophans so grossly the name of God before his people 11 Profaning of the Lords day, Sabbath breakers. Num, 15.32 in a careless and scornful neglect or contempt thereof to be punished with death. 12 To put in practice the betraying of the Country, Treason. or any principal fort therein to the hand of any foreign State, Spanish, French, Dutch, or the like: contrary to the allegiance we owe, Vnreverend to Magistrates. Num 12.1 14, 15. Reviling the Magistrate. Rebellion etc. 1 King. 22.8, 9 & 44. Rebellious Children. Deu. 21.18, 19.20. Ex. 21.15 Lev 20.9. Murder. Ex. 21.12, 13. Num. 35.16, 17, 18. to 33. Gen. 9.6. Adultery. Leu. 20 10 Deu. 22.22, 23. Deu 24.25 26. Incest. Leu. 20.11, 12, 19 ●0. Sodomy. Buggery. Pollution etc. Leu. 20.18.19. Whoredom. Ex. 21.16. Deu. 24.7. Man-stealing. False witness. and profess to our Dread Sovereign Lord King Charles, His Heirs and Successors; whilst he is pleased to protect us as his loyal subjects, to be punished with death. 13 Vnreverend and dishonourable carriage to Magistrates, to be punished with banishment for a time, till they acknowledge their fault, and profess reformation. 14 Reviling of the Magistrates in highest rank amongst us, to wit of the Governors and Counsel to be punished with death. 15 Rebellion, Sedition, or Insurrection, by taking up arms against the present Government established in the Country to be punished with death. 16 Rebellious children whether they continue in riot or drunkenness after due correction from their parents, or whether they curse or smite their Parents, to be put to death. 17 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. 18 Adultery which is the defiling of the marriage bed, to be punished with death. Defiling of a woman espoused, is a kind of Adultery, and punishable by death, of both parties; but if a woman be forced, then by the death of the man only. 19 Incest, which is the defiling of any near of kin, within the degrees prohibited in Leviticus, to be punished with death. 20 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 beasts or fowls. 21 Pollution of a woman known to be in her flowers to be punished with death. 22 Whoredom of a maiden in her father's house, kept secret till after her marriage with another, to be punished with death. 23 Man-stealing to be punished with death. 24 False witness bearing to be punished with death. CHAP. VIII. Of other Crimes less heinous such as are to be punished with some Corporal punishment or Fine. 1 FIrst rash and profane swearing and cursing to be punished. 1 First, with loss of honour, or office, if he be Magistrate, or Officer: meet it is, their name should be dishonoured who 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 him with a hot iron, or boring through the tongue, who hath bored and pierced God's name. 2 Drunkenness, as transforming God's Image into a beast, is to be punished with the punishment of beasts: Pro. 26.3. A whip for the ho●●e, and a rod for the fools bacl. 3 Forcing of a maid or a rape is not to be punished with death by God's Law, but 1 First, with Fine or penalty to the father of the maid. 2 With marriage of the maid defiled, Deut. 22 ● 9 if she and her father consent. 3 With corporal punishment of stripes for his wrong, as a real slander: And it is worse to make a whore, than to say one is a whore. 4 Fornication to be punished. Ex. 22.16. 1 First, with marriage of the maid, or giving her a sufficient Dowry. 2 Secondly, with stripes though fewer, from the equity of the former Cause. 5 maiming or wounding of a freeman, whether free Burgess, or free Inhabitant, to be punished with a Fine; to pay First, Ex. 22.18, 19 Leu. 24.19, 20. for his cure. Secondly, for his loss, And with loss of member for member, or some valuable recompense. But if it be but the maiming or wounding of a servant, Ex. 21.26.27. the sir- to go forth free from such a service. 6 If a man steal a beast, if it be found in his hand, Ex. 22.4, & 1, 22: 3. he shall make restitution two for one; if it be killed & sold, restitution is to be made, of five Oxen for one: If the Thief be not able to make restitution, than he to be sold by the Magistrate for a slave, till by his labour he may, make due restitution. 7 If a Thief be found breaking a house by night, if he be slain, Ex. 22.2, 3 his smiter is guiltless, but in the day time, the Thief is to make full restitution, as before, or if he be not able, then to be sold as before. 8 Slanders are to be punished, First, with a public acknowledgement as the slander was public. Secondly, by mulets or Fine of Money, when the slander bringeth damage. Thirdly, by stripes if the slander be gross, or odious, against such persons whom a man ought to honour and cherish: whether they be his Superiors, or in some degrees of equality with himself and his wife. CHAP. IX. Of the trial of Causes, whether Civil or Criminal, and the execution of Sentence. 1 IN the trial of all Causes, no judgement shall pass, Deu. 19.10 17.6. but either upon confession of the party, or upon the Testimony of two witnesses. 2 Trial by judges shall not be denied, where either the delinquent requireth it in causes Criminal, or the Plaintiff or Defendant in Civil causes, partly to prevent suspicion of partiality, of any Magistrates in the Court. 3 The jurours are not to be chosen by any Magistrates, or Officers, but by the free Burgesses of each Town, as can give best light, to the Causes depending in Court, and who are least obnoxious to suspicion of partiality: And the jurours then chosen, to be nominated to the Court, and to attend the service of the Court. 4 The sentence of judgement given upon Criminal causes, and persons shall be executed in the presence of the Magistrates, or some of them at least. 5 No freeman whether free-Burgesse, or free-Inhabitant to be imprisoned, but either upon conviction or at least probable suspicion, or some crime formerly mentioned, and the cause of his imprisonment, be declared and tried at the next Court following, at the furthest. 6 Stripes are not to be inflicted, but when the crimes of the offendor are accompanied with childish or brutish folly, or with lewd filthiness, or with stubborn insolency, or with brutish cruelty, or with idle vagrancy: But whenstripes are due, not above 40 are to be inflicted. CHAP. X. Of causes Criminal between our People and Foreign Nations. 1 IN case any of our people should do wrong to any of another Nation, Mat. 7 12. upon complaint made to the Governor or some other of the Counsel or Assistants, the fact is diligently to be inquired into, and being found to be true, restitution is to be made of the goods of offenders, as the case shall require, according to the quality of the crime. 2 In case the people of another Nation have done any important wrong, Deuter. 20 10, 11. 2 Sam. 20.18, 19 to any of ours, right is first to be demanded of the Governor of that people, and justice upon the malefactors, which if it be granted and performed, than no breach of peace to follow. 3 If right and 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 undertaken and denounced. 4 Some Minister is to be sent forth to go along with the Army for their instruction and encouragement. Deut. 20.2, 3, 4. 5 Men betrothed and not married, Deut. 20.5, 6, 7, 8. & 24.5. or newly married, or such as have newly built or planted, and not received the fruits of their Labours, and such as are faint-hearted men, are not to be pressed or forced against their wills to go forth to wars. 6 Captains are to be chosen by the Officers. 7 All wickedness is to be removed out of the Camp by severe discipline. Deut. 23.9.14. 8 And in war from men of a corrupt or false Religion, 2 Chro. 25 7.8. is not to be accepted, much less sought for. 9 Women, especially such as have not lain by man, Deu. 20.14 little children 〈…〉 and swerved for spoil. 10 Fruit Trees, Deut. 20.19.20. whilst they may be of use for meat to our own Soldiers, are not to be cut down or destroyed, and consequently no Corne. 11 The spoils got by war are to be divided into two pars, Num. 31.21. between the Soldiers and the Commonwealth that sent them forth. 12 A Tribute from both is to bolewed to the Lord, Num. 31.18. & 47. and given to the Treasury of the Church, a fift part out of the Commonwealth's part, and a 500 part out of the Soldier's part. 13 If all the Soldiers return again in peace, not one lacking, it is acceptable to the Lord, if they offer over and above the former Tribute, a voluntary oblation unto the Treasury of the Church for a memorial of the Redemption of their lives, by the especial providence and Salvation of the Lord of Hosts. The Lord is our judge, The Lord is our Lawgiver, Isay. 33.22. The Lord is our King, He will save us. FINIS. The Table of the Chapters. CHAP. I. Of Magistrates. Page 1 CHAP. II. Of the free Burgesses and free Inhabitants. Page ● CHAP. III. Of the protection and provision of the Country. Page ● CHAP. IU. Of the right of Inheritance. Page ● CHAP. V. Of Commerce. Page 8 CHAP. VI Of Trespasses. Page 9 CHAP. VII. Of Crimes. Page 10 CHAP. VIII. Of other Crimes less heinous such as are to be punished with some Corporal punishment or Fine. Page 12 CHAP. IX. Of the trial of Causes, whether Civil or Criminal, and the execution of Sentence. Page 13 CHAP. X. Of the Causes Criminal between our People and Foreign Nations. Page 14 FINIS.