CHAP. I. § 1. Of Magistrates.

All the Ma­gistrates are to be chosen

• 1. BY the free Burgesses, Deut. 1. 13.
  Or present.
  Give for your selves wise men, and understanding, and
  Or appro­ved.
  knowne amongst your Tribes, and I will place them for
  Heb. your heads.
  Ru­lers over you.

• 2. Out of the free Bur­gesses, Deut. 17. 15. Thou shalt in 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 brethren shalt thou set a King over thee.

  Jer. 30. 21. And their Nobles shall be of themselves, and their Governour shall proceed from the mids of them, and I will cause him to draw neer, and he shall approach unto me.

• 3. Out of the ablest of men, and most ap­proved amongst them, Deut. 1. 13. before men­tioned. [Page 2] Exod. 18. 21. Moreover thou shalt
  Heb. take or receive from all the peo­ple.
  provide out of all the people
  Heb. men of courage, strength, prowes, 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 tens.
• 4. Out of the ranks of Noble-men, 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 inferiour unto others, Eccles. 10. 17. Blessed be thou O land, when thy King is the sonne of Nobles, and thy Princes eate in due season, for strength, and not for drunkennesse. Jer. 30. 21. Their Nobles shall be of themselves, &c.

Sect. 2. The Governour hath joynt power with the Assi­stants to govern the whole Country according to the Lawes hereafter mentioned. Of himselfe he hath power (and in his absence the Deputy Governour) to moderate all publique a­ctions in a Common-wealth.

As

• 1. To send out Warrants for the calling of gene­rall 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 Governour with the rest of the Councellors, 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 appeale is made to them from inferiour Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be, that eve­ry
  Heb. great matter, or case.
  hard matter they
  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 beare [the burden] with thee. Deut. 17. 8, 9. If there
  Heb. If the matter be hidden from thee concern­ing the judg­ment. 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 [Page 3] stroke and stroke, matters of controversie within thy gates: then shalt thou arise, and get thee up unto the place which Jehovah thy God shall choose for himselfe. And thou shalt goe unto the Priests, the Levites, and unto the Judge that shall be in those dayes: and thou shalt enquire, and they shall shew thee the sentence of the judgement: And thou shalt do accor­ding to that sentence, &c.
• 3. To preserve Religion pure. Exod. 32. 27. And hee said unto them, thus saith Jehovah the God of Israel, put every man his sword by
  Heb. his thigh.
  his side, and goe 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 neighbor, &c. Exod. 25. 40. And
  Heb. And see, & make.
  looke THOƲ make them according to their pat­tern which thou wast caused to see in the mount. 2. Caron. 19. 11. And behold, Amariah the chiefe Priest is over you in all the matters of the Lord, and Zebadiah the sonne of Ishmael, the ruler of the house of Judah, for all the Kings 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 for­reign invasions, or intestine sedition, and if need shall re­quire, with consent of the people to enterpriz: wars. 2 King. 20. 13. And Hezekiah hearkned unto them, and shewed them the house of his precious things, and all the house of his armour, &c. 2 Chr. 32. 2, &c. And when Hezekiah saw that Senacherib was come; and
  That his face was for warre.
  that he purposed to fight against Jerusalem. Then he tooke counsell with his Princes, and his mighty men, to stop the waters of the fountaines which [were] without the City, and they did help him. So there was gathe­red much people together, and they stopped all the fountaines, and the brooke that overflowed through the midds of the Land, saying, Why should the Kings of Assyria come and finde much water? Also he strengthened himselfe, 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 Captaines of War over the people, and gathered them together to him in the street of the gate of the City, and spake
  Heb. To their heart.
  comfortably to them. &c. [Page 4] Exod. 17. 9. And Moses said to Joshuah, choose us out men, and goe 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 counsell thou shalt make thy warre, and in multi­tude of Councellors there is safety.

Sect. 4. And because these great affaires of the State can­not well and sufficiently be attended, nor safely and wisely administred, if they be often changed; therefore the Coun­cellors are to be chosen for life, unlesse they give just cause of removall. Which if they doe, then they are to be removed by the generall 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 Governour sitting with the Councellors and Assistants, is to heare and determine all cau­ses, whether Civill or Criminall, which are brought before them throughout the whole Common-wealth: Yet reserving liberty of Appeales from them to the generall Courts. Exod. 18. 22. And let them judge the people at all seasons: and it shall be that every great matter they shall Or transfer. bring unto thee, but every small matter they themselves shall judge; so shall it be easier for thee, and they shall beare the [burden] with thee. Deut. 1. 16, 17. And I charged your Judges at that time, saying, Heare between your bre­thren, and judge righteously between every man and his brother, and his stranger. ‘Ye shall not Heb. Ac­knowledg fa­ces. respect persons in judgment, you shall heare the small as well as the great, you shall not be a­fraid of the face of man, for the judgment is Gods: and the cause that is too hard for you, cause it to be brought to mee, and I will heare it.’

Sect. 6. Every Towne is to have Judges within themselves, who shall be once in a moneth (or in 3. moneths at furthest) to hear and determine both Civill causes and pleas of lesse va­lue, and crimes also which are not capitall, yet reserving li­berty of appeale to the Court of Governour 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 [Page 5] they shall judge the people with judgment of righteousnesse. Exod. 18. 21, 22. Moreover thou shalt Or take, or receive. provide out of all the people Heb. men of courage, strength, prowes, and wealth. able men, fearing God, men of truth, hating covetousnesse: and thou shalt place over them rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of tens. 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, &c. Jer. 36. 10, 11, 12. Then read Baruch in the booke the words of Jeremiah in the house of Jehovah: in the chamber of Gemariah the sonne of Shaphan the Scribe, in the higher Court, at the entry of the new gate of the house of Jehovah, in the eares of all the people.

And Michaiah the sonne of Gemariah, the sonne of Shaphan heard out of the booke all the words of Jehovah. And he went downe into the Kings house, into the Scribes Chamber, and lo there, all the Princes were sitting: Elishamah the Scribe, and Delaiah the sonne of Shemaiah, and Elnathan the sonne of Achbor, and Gema­riah the sonne 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 certaine Officers: As a Secretary to enroll all the acts of the Court. 1 King. 4. 3. Elihoreph and Abiah the sonnes of Shi­sha, Scribes, Jehoshaphat the sonne 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 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 chiefe Priests sent Officers to take him. Then came the Officers to the chiefe Priests and Pharisees, and they sayd unto them, why have ye not brought him? Acts 5. 26, 27. Then went the Captaine with the Officers, and brought them without violence (for they feared the people, lest they should have been stoned.) And when they had brought them, they set them be­fore the Councell, and the high Priest asked them, &c. And for the same end, it shall be lawfull for the Governour, or any two of the Councellors, 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 custodie, for his appearance [Page 6] at Court. Levit. 24. 12. And they put him in ward, that the mind of the Lord might be shewed them. So Numb. 15. 34. And they put him in ward, &c. And further, for the same end, and to pre­vent the offendors lying long in prison; It shall be lawful for the Governour, with one of the Councell, or any two of the Assistants, or Judges, to see execution done upon any offen­der, for any crime that is not capitall, according to the laws established. Yet still referring liberty of appeale from them to the Court, and from an inferiour Court to a higher Court.

CHAP. II. Of free Burgesses, and free Inhabitants.

Sect. 1. ALL the free Burgesses (excepting such as were admitted free-men, before the establishment of Churches in this Country) shal 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 Lords 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 inferiour causes in their own Towne. And against the approaches of the Generall Court, to choose two or three for Deputies or Committees, to joyne with the Governour and Assistants of the whole Country, to make up and constitute a general Court.

Sect. 3. The generall Court shall have power, by the war­rant of the Governour, or of the deputy Governour, or of a­ny three of the Councellours or Assistants, or by the warrant of any twelve of the deputies of the Country, to assemble once every quarter, or halfe year, or oftner, as the affaires of the Country require, and to sit together till their affaires be dispatched. And secondly, to call the Governour and all the rest of the publick Magistrates and Officers unto place, and to call them to account for the breach of any Lawes establi­shed [Page 7] 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 assigne them to severall towns or persons, as shall be thought fit. And fifthly, to impose a levy of monies for the publick service of the Common-wealth, as shall be thought requisite for the protection and provision of the whole. And sixthly, to hear and determine all causes whe­ther civill or criminall, 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 Go­vernour and Councellours 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 represse the contrary.

Sect. 4. In this generall Court, nothing shall be conclu­ded but with common consent of the greater part, of the Go­vernour and Assistants, together with the greater part of the deputies of the Towns. Unlesse it be in the election of Offi­cers (where the liber [...]y 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 housholders 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 generall Court, or the severall Towns wherein they dwell, shall allot unto them; after they have taken an oath, or given other security, to be true and faithfull unto the State, and subject to such good and wholsome Laws as are established in the Country by the generall Court.

CHAP. III. Of the protection and provision of the Countrey.

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 armes) unto the exercise of Military discipline. And withall another Law, for the maintenance of Military Offi­cers and Forte.

Sect. 2. Because fish is the chief staple commodity of this Country, therefore all due incouragements 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 fisher-men, Mar­riners or Ship-wrights) shall be allowed man for man, some or other of the labourers of the Country, to plant and reape for them, in the seasons of the year, at the publick charge of the Common-wealth, for the space of these seven years next ensuing: And such labourerrs to be appointed and payed by the Treasurer of the Common-wealth.

Sect. 3. Because no Common-wealth can maintaine 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 Com­mon-wealth, which is to be supplyed and furnished,

• 1. By the yearely payment.
  • 1. Of 1 ^d. or ½ an acre of land occupied througout the country. Lands occupied in common by a towne, to be paid out of the treasury or stock of the same towne.
  • 2. Of 1 ^d for every beast, horse, or cowe.
  • 3. Of some proportionable rate upon Merchants goods.
• 2. By the payment of a barrel of gun-powder or such mu­nition, out of every ship that bringeth in forreign 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 generall Court, or of the Governor and Councel, where­of they are to give an account at the general Court. It shall also pertaine to the Office of the Treasurer, diligently to sur­vey and oversee, all the munitions of the country, canons, culverings, musquets, powder, match, bullets, &c. and to give account thereof to the Governour and Councell.

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 corne 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 fatherlesse, and the widdow which are within thy gates, shall come and shall eat, and be satisfied, that Jehovah thy God may blesse thee, in all the worke of thy hand, which thou doest: And out of it such Officers may be maintained (as Captains or the like) who doe any publick service for the Town. But chiefly this treasury will be requisite for the preserving of the lively­hood of each Town within it selfe: that in case the inheri­tance of the lands that belong to any Town, come to be alie­nated from the towns-men (which may unavoidably fal out) yet a supply may be made to the lively-hood of the Town, by a reasonable rent charge upon such alienations (laid by the common consent of the land-owners, and towns-men) to be payd 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 rent 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 [Page 10] 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. IV. Of right of Inheritances.

Sect. 1. FOr as much as the right of disposall of the inhe­ritance of all the lands in the country lyeth in the generall Court; whatsoever lands are given and assigned by the generall Court, to any town or person, shall belong and remaine by right of inheritance, to such towns and their suc­cessors, and to such persons and to their heires and assignes, 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 heires and assignes, as his proper right for ever.

Sect. 3. In dividing of lands to the severall 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, lesse) Numb. 26. 53, 54. Ʋnto 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 lesse inheritance: to every one shall his inheri­tance be given, according to those that were numbred 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 dwell in; and the suburbs thereof shall be for their cattell, 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 publique changes. Deut. 3. 15. And I gave [Page 11] Gilead unto Machir. Josh. 15. 13. And unto Caleb the sonne of Jephunneh, he gave a part among the children of Judah, according to the Heb. mouth. commandement of Jehovah to Joshua: the city of Arba the fa­ther of Anak, 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 sonne of Nun among them. According to 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 dwelt therein.

Sect. 4. For as much as all civill affairs are to be admini­stred 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 mans inheritance may fall, yet no man shall set his dwelling house above the distance of halfe 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. Then returned they to Jerusalem from the mount called Olivet, which is from Jerusalem a Sabbath dayes 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 spake right: Heb. in gi­ving thou shalt give them. Thou shalt surely give them a possession of inheritance among their Fathers brethren, and thou shalt cause the inheritance of their fathers to passe unto them. And thou shalt speake unto the children of Israel, saying; If a man dye, and have no sonne, then ye shall cause his inheritance to passe unto his daughter. And if he have no daugh­ter; then ye shall give his inheritance unto his brethren. And if he have no brethren; then ye shall give his inheritance unto his fathers brethren. And if his father have no brethren; then ye shall give his inheritance Heb. to him that is left him of his kinne. unto his Kinsman that is next to him of his family, and he shall possesse 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 sonnes then one, then a double portion to be assigned and bequeathed to the eldest sonne, according to the Law of God. Deut. 21. 17. But he shall ac­knowledg the sonne of the hated for the first born, by giving him a [Page 12] 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. Unlesse his own deme­rit doth deprive him of the dignity of his birth-right. 1 Chr. 5. 1. Now the sonnes of Reuben the first-born of Israel, for he was the first-born: but for as much as hee defiled his fathers bedd, his birth-right was given to the sons of Joseph, the sonne of Israel: and the geneologie is not to be reckoned after the birth-right.

Sect. 7. The will of a Testator is to be approved or disal­lowed by the Court of Governour and Assistants, or by the Court of Judges in each Towne. Yet not to be disallowed, unlesse it appeare either to be counterfeit, or unequall, either against the Law of God, or against the publique weale, 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 mans testament, yet if it be con­firmed, no man disannulleth or addeth thereto.

Sect. 8. As God in old time in the Common-wealth 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 Burgesse or free inhabitant of any Town, shall sell 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. Unlesse 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 wont to pay, towards all the publick charges thereof, whether in Church or Towne: or at least, after the rate of 2 ^d. the acre, or some such like pro­portion.

3. That if any free Burgesse or free Inhabitant of any Town, or the Heire of any of their lands, shall remove their dwelling from one Town to another: none of them shall [Page 13] 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 sell it as before) then they shall reserve a like proportion of rent-charge out of their land, to be paid to the publicke Treasury of the Town, as hath been wont to be paid out of it, to the publick charges of the Town and Church: or at least after the rate of 2 ^d. an acre, as be­fore.

4. That if the inheritance of a free Burgesse or free inhabi­tant of any Town fall to his daughters (as it will do, for want of heires males) that then, if such daughters do not marry to some of the inhabitants of the same Town, where their inheritance lyeth, nor sell their inheritance to some of the same Town as before; that then they reserve a like pro­portion of rent-charge out of their lands, to be paid to the publick treasury of the Town, as hath been wont to be payd out of them to the publick charges of the Town and Church; or at least after the rate of 2 ^d. an acre as before. Provided alwayes, that nothing be paid to the maintenance of the Church, out of the treasury of the Towne, but by the free consent of the free Bugesses of the town.

CHAP. V. Of Commerce.

Sect. 1. IT shall be lawfull for the Governour, with one or more of the Councel 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 warre, neither gunnes, gun-pow­der, nor swords, nor any other munition, which might come to be used against our selves.

Sect. 3. To the intent that all oppression in bying and sel­ling [Page 14] may be avoyded: It shall be lawfull 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 work-men and labourers, and the rates agreed upon by them, and ratifi­ed by the Judges to binde all the inhabitants of the town. The like course to be taken by the Governour and Assistants, for the rating of prices throughout the country; and all to be confirmed (if need be) by the generall Court.

Sect. 4. Just weights and ballances 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 publick trea­sury of the Common-wealth; Lev. 19. 36. Heb. Ballan­ces of righte­ousnesse, and stones of righteousnes. Just ballances, just Or weight. weights, a just ephah, and a just bin shall ye have. Prov. 11. 1. Ballances of deceit is abomination to Jehovah: but a perfect Heb. a weight and ballances of judgment. stone is his delight. Prov. 15. 11. A Heb. Divers weights & di­vers measures. just weight and ballance are Je­hovahs: all the stones of the bag are his worke. Prov. 20. 10. A stone and a stone, an epha and an epha, both of them are like abomi­nation to Jehovah.

Sect. 5. If a man borrow ought of his neighbour upon a pledg, the lender shall not make choise of what pledg he will have, nor take such a pledg as is of daily necessary use to the debtor; or if he doe take it, he shall restore it again the same day. Deut. 24. 6. No man shall take the ne­ther or upper milstone to pledg, for he taketh the soul to pledg. Deut. 24. 10, 11, 12, 13. When thou doest lend thy Heb. Friend or compani­on. brother any thing, thou shalt not go into his house to fetch his pledg. Thou shalt stand abroad: and the man to whom thou doest lend, shall bring out the pledg abroad unto thee. And if the man be poore, thou shalt not Heb. lye downe. sleep with his pledg. In Heb. in re­turning, thou shalt cause to return to him. any case thou shalt deliver him the pledg again when the Sun goeth down, that he may Heb. lye downe. sleep in his own rayment and blesse thee; and it shall be righteousnesse unto thee before Jehovah thy God. Exod. 22. 26, 27. If thou take thy neighbours rayment to pledg, thou shalt deliver it unto him again, by that the sun goeth down. For it is his or her covering onely, it is his rayment for his skin; wherein shall he sleep? and it shall come to passe, 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 mony to any of my people, that is poore by thee, thou shalt not be to him as an usurer: thou shalt not lay upon him usury. Lev. 25. 35, 36, 37. And if thy brother be waxen poore, and his hand failleth with thee; then 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 victualls 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 owners absence; the borrower is to make them good: But in the owners presence, wherein he sees his goods no otherwise used then with his consent; the borrower shall not make them good. If they were hired, the hire is to be paid and no more. If a man borrow ought 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 mans swine or other beasts, or a fire kindled by him break out into another mans field, or corne; he shal make full restitution of the damage done by them, and of the losse of time which others have had, by carrying such swine or beasts to the owner, or to the fould: But if a man put his swine or beast into another mans field, restitution is to be made of the best of his own, though it were much better then 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 mans field: of the best of his own vineyard shall he make restitution. If fire break out and catch in thorns, [Page 16] so that the corne rick, or the standing, or the field be consu­med: he that kindled the fire, shall Heb. in ma­king restitu­tion, shall make restitu­tion. surely make restitu­tion.

Sect. 2. If a man kill another mans 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 Heb. smiteth the life of a beast. killeth a beast, shall make it good, Heb. life for life, or soule for soule. 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 oxe or an asse 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 mans beast kill the beast of anothers, the owner of the beast shall make restitution. Exod. 21. 35, 36. And if one mans oxe hurt Heb. the oxe of his neighbour. anothers, that he dye; then they shall sell the live oxe, and divide the money of it, and the dead oxe also shall they divide. Or if it be known that the oxe hath used to push in time past, and his owner hath not kept him in, he shall surely pay oxe for oxe, and the dead shall be his owne.

Sect. 4. If a mans oxe or other beast, gore or bite, 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 oxe or beast were wont to push or bite in time past, and the owner hath been told of it, and hath not kept him in, then both the oxe 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 oxe gore a man or woman, that they dye, then the oxe shall be Heb. in sto­ning shall be stoned. surely stoned, and his flesh shall not be eaten, but the owner of the oxe Heb. is in­nocent, or guiltlesse. shall be quit. But if the oxe were wont 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 oxe shall be stoned, and his owner also shall be put to death. If there be layd on him Heb. a price of redempti­on. a summe of money, then hee shall give for the ransome of his life, 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 oxe shall push a man-servant, or a maid-servant, he shall give unto the master thirty Silver, thir­ty sheckles. sheckles, and the oxe shalle be stoned.

Sect. 5. If a man deliver goods to his neighbour to keep, and they be said to be lost, or stollen from him, the keeper of the goods shall be put to his oath touching his owne inno­cency; which if he take, and no evidence appeare to the con­trary, he shall be quit. But if he be found false or unfaithfull, he shall pay double unto his neighbour. Exod. 22. 7, 8, 9. If a man shall deliver unto his neighbour money, or Heb. Vessels. stuffe to keep, and it be stollen out of the mans house: if the thief be found, let him pay double: if the thiefe be not found, then the master of the house shall be brought Or unto God. unto the judges: if hee have not put his hand unto his neighbours goods. For all manner of trespasse for oxe, for asse, for sheep, for rayment, 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 stollen, the keeper shall make restitution. Exod. 22. 12. And if it be stollen 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 peece brought for witnesse excuseth the keeper. Exod. 22. 10, 11. If a man deliver unto his neighbour an asse, or an oxe, 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 neighbours 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 off from a mans people, whether by death or banishment.

Sect. 1. BLasphemy (which is a cursing of God, or wick­ed denyall of God by Atheisme, or the like) to be punished with death. Lev. 24. 15, 16. Whosoever curseth his God, shall beare his sinne. And he that Heb. boreth through, or curseth. blasphemeth the name Jehovah, 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 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 dreames, and giveth thee a signe, or a wonder.

2 And the signe or the wonder come to passe, whereof hee spake unto thee, saying: Let us goe after other Gods, which thou hast not known, and let us serve them.

3 Thou shalt not hearken 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 soule.

4 Ye shall walke after Jehovah your God, and feare him: and keep his commandements, and obey his voyce, and you shall serve him, and cleave unto him.

5 And that Prophet, or that dreamer of dreames, even he shall be put to death, because hee hath spoken rebellion against Jehovah your God, which brought you out of the land of Aegypt, and redeemed you out of the house Heb. Ser­vants. of bondage, to thrust thee out of the way which Je­hovah thy God commanded thee to walke in it: so shalt thou put evill away from the middest of thee.

6. If thy brother the son of thy mother, or thy son, or thy daughter, or the wife of thy bosome, or thy friend, which is as thine own soule, [Page 19] intice 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 farre off from thee; from the end of the earth, to the end of the earth.

8. Thou shalt not consent unto him, nor hearken unto him; nei­ther shall thine eye pitty him, neither shalt thou Or use cle­mency. spare, neither shalt thou conceal him.

9. But 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 dye; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out out of the land of Aegypt, from the house of Heb. Ser­vants. bon­dage.

11. And all Israel, shall hear, and fear: and shall do no more any such wickednesse, as this is, 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 passe through the fire; that devineth devinations, an observer of times, or an inchanter, or a witch.

11. Or Heb. one that joynes himselfe in fellowship, to wit, with the Devill. a charmer, or a consulter with familiar spirits, or a wizard, or a 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.

Lev. 20. 27. A man also or a woman, that hath a familiar spirit, or that is a 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 tollerated, but either to be cut of by death, or by banishment. Lev. 20. 6. And the soule that 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 soule, and I will cut him off from among my people.

Sect. 5. Heresie (which is the maintenance of some wicked errour, overthrowing the foundation of our christian Religi­on, [Page 20] with obstinacy) if it be joyned with indeavour to seduce others thereunto; to be punished with death. Because such an heritick (no lesse then 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 dye; because he hath sought to thrust thee away from Jehovah thy God, which brought thee out of the land of Aegypt, from the house 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 sayd 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 Campe, 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 off 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 judgment seat, or in private conference, to be punished with banishment. Just is, that such a mans name should be cut off from his people, who profaneth so grosly 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 soule that doth ought with a high hand, whether he be borne in the Land or a stran­ger, he reproacheth Jehovah: and that very soule 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 off that very soul shall be cut off, his iniquity upon him.

Sect. 10. Profanation of the Lords day, in a carelesse or scornfull neglect or contempt thereof, to be punished with death. Numb. 15 from 30. to 36. But the soule that doth ought [Page 21] with a high hand, whether he be born in the land or a stranger, he re­proacheth Jehovah: and that very soule shall be cut off from Heb. The midst of. among his people. Because he hath despised the word of Jehovah, and hath broken his commandment: that very soule Heb. In cut­ting off, shall be cut off. shall be utterly cut off, his iniquity [shall be] upon him. And while the children of Israel were in the wildernesse; 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 sayd unto Moses, the man shall Heb. In dy­ing shall dye. sure­ly be put to death; all the Congregation shall stone him with stones, without the campe. And all the Congregation brought him without the camp, and stoned him with stones, that he dyed; as Jehovah com­manded Moses.

Sect. 11. To plot and practice the betraying of the Coun­trey, or any principall Fort in it, into the hand of any for­reign State, Spanish, French, Dutch, or the like, contrary to the Allegiance we professe and owe to our dread Soveraign Lord King Charls, his Heyrs and Successors (whilst he is plea­sed to protect us, as his loyall Subjects) shall be punished with death. This hath no Scripture annexed in my Copie, 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 acknow­ledg their fault, and professe reformation. Numb. 12. 11. 14, 15. And Aaron said to Moses: Alas my Lord, iay not the sin upon us, wherein wee have done foolishly, and wherein we have sinned. And the Lord said to Moses, if her father Heb. In spit­ting had spit. had spit in her face, should she not be ashamed seven dayes? let her be shut out of the camp seven dayes, and after Heb. let her be added, or gathered. let her be received in againe. And Miriam was shut out from the Camp seven dayes, and the people journeyed not till Miriam Heb. added, or gathered. was brought in againe.

Quere, whether this was a civill Censure of banishment, or Church-censure of excommunication: The like quere [Page 22] 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 Governour and Councell) to be punished with death. Exo. 22. 28 Thou shalt not curse Or Judges. the Gods: nor shalt thou curse 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 an­nointed? 1 King. 2. 8, 9. 46. And behold, thou hast with thee Shimei the sonne of Gera, the sonne 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 sware to him by Je­hovah, saying, I will not put thee to death by the sword. But now do not thou hold him guiltlesse, for thou art a wise man: and thou know­est what thou oughtest to do to him, but bring thou downe his hoarie head to the grave with blood. And the King commanded Benajah the sonne of Jehojadah, which went out, and fell upon him that he dyed, &c.

§ 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 sonne of Izhar, the sonne of Kohath, the son of Levi: and Dathan and Abiram sons of Eliah, and Or the sonne of Peleth, sonnes of Reuben, tooke [men.] And they rose up before Moses, and Heb. Men. certain of the children of Israel, two hundred and fifty: Princes of the assembly, famous in the congregation, men Heb. Name. of renown. And they gathered themselves together against Moses & against Aa­ron, and sayd to them, 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: Wherefore then lift up your selves above the congregation of Jeho­vah? And it came to passe as Heb. to wit, Moses. he had made an end of speaking all these words: that the earth clave 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 downe alive into the grave: and the earth closed upon them, and they perished from among the congregation.

Sect. 15. Rebellious children (whether they continue in ryot and drunkennesse, 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 Heb. Heare. obey the voyce of his father, and the voyce of his mother: and they chasten him, and he will not hear­ken to them. Then 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 sonne is stub­born and rebellious, he will not hearken to our voyce: hee is a glutton and a drunkard. And all the men of his City shall stone him with stones, that he dye: so shalt thou put away evill from among you, and all Israel shall heare and feare. Lev. 20. 9. For every one who curseth his father, or his mother 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, Heb. in dy­ing shall dye. shall surely be put to death. And he that smiteth his father, or his mother, Heb. in dy­ing shall dye. shall surely be put to death.

Sect. 16. Murther (which is a wilfull man-slaughter, not in a mans 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 dye, shall Heb. In dy­ing shall dye. surely be put to death.

But if a man lye not in wait, and God deliver him into his hand, then 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 dye) he is a murderer: the murderer Heb. In dy­ing shall dye. shall surely be put to death. And if he smite 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 Heb. In dy­ing shall dye. shall surely be put to death. Or if he smight him with a hand weapon of wood, (wherewith he may dye) and he dye, he is a murderer: the murderer 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 hurle at him, by laying of waite, that he dye. Or in emnity smite him with his hand, that he dye, he that smote him Heb. In dy­ing shall dye. shall surely be put to death, he is a murderer: the revenger of blood, shall slay [Page 24] the murderer, when he meeteth him. But if he thrust him suddenly, without emnity; or have cost upon him any thing, without laying in waite. Or with any stone wherewith a man may dye (not seing) and cast it upon that he dye; not hating him, nor seeking his harme. Then 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, &c. Gen. 9. 6. He that sheddeth mans 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. Lev. 20. 9. And the man that committeth adultery with another mans wife, which commits adultery with his neighbours wife: the adulterer and the adulteresse, 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, then they shall both of them dye, the man that lay with the woman, and the woman: so shalt thou put a­way evill from Israel.

Defiling of a woman espoused, is a kinde of adultery, and punishable by death of both parties; but if the woman be forced, then by the death of the man onely. Deut. 22. 23, 24, 25, 26, 27. If a damsel be a virgin, betrothed to an husband: and a man finde her in the City, and lye with her. Then yee shall bring them out unto the gate of that City, and yee shall stone them with stones, that they dye: the damsell, because she cryed not in the City, and the man, because he hath humbled his neighbours wife: so thou shalt put away evill from among you. But if a man finde a betrothed maid in the field, and the man Or detaine her by force. force her, and lye with her: then the man onely that lay with her, shall dye. But unto the damsell thou shalt do nothing, there is in the damsell no sin worthy of death: be­cause, as when a man riseth up against his neighbour Heb. And killeth him with his soule or life. and slayeth him; so is this matter. For he found her in the field: the betrothed damsell cryed, and there was none to save her.

Sect. 18. Incest (which is the defiling of any that are neer of kin, within the degrees prohibited in Leviticus) to be pu­nished with death. Lev. 20. 11, 12. 14. 17. 19, 20, 21. And the man that lyeth with his fathers wife, hath uncovered his fathers nakednesse: both of them Heb. In dy­ing shall dye. shall be surely put to death, their blood [shall be] upon them. And that man which lyeth with his daughter [Page 25] in law, both of them 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] wickednesse: they shall burne both him and them with fire, that there be no wickednesse among you. And if a man shall take his sister, his fathers daughter, or his mothers daughter, and see her nakednesse, and she see his nakednesse, it is a Or a re­proach. wicked thing, and they shall be cut off in the sight Of the chil­dren of their people. of their people; he hath uncovered his sisters nakednesse, he shall bear his iniquity. And thou shalt not uncover the nakednesse of thy mothers sister, nor of thy fathers sister: for he Heb. maketh naked. uncovereth his neere kin, they shall bear their iniquity. And if a man lye with his uncles wife, he hath uncovered his uncles nakednesse: they shall bear their sinne, they shall dye childlesse. And if a man shall take his brothers wife, it is an unclean thing; he hath uncovered his brothers nakednesse, they shall be childlesse.

Sect. 19. Unnatural filthinesse to be punished with death; whether Sodomie (which is carnall fellowship of man with man, or woman with woman): or buggery, which is carnal fellowship of man or woman with beast or fowl. Lev. 20. 13. 15, 16. If a man also lye with mankinde, Heb. with the copulati­ons of a wo­man. as he lyeth with a wo­man: both of them have committed abomination, they Heb. In dy­ing they shall dye. shall surely be put to death, their blood [shall be] upon them. And if a man Heb. In dy­ing they shall dye. lye with a beast, Heb. give his lying with a beast. he 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, Heb. In dy­ing they shall dye. and lye 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. Lev. 20. 18. And if a man lye with a woman having her sicknesse, and uncover her nakednesse, he hath Heb. made naked. discovered her fountaine, and she hath discovered the foun­taine of her blood: and both of them shall be cut off from among their people.

Sect. 21. Whoredom with a maid in her fathers house, kept secret, till after her marriage with another; to be pu­nished with death. Deut. 22. 20, 21. But if this thing be Heb. Truth. true; the tokens of virginity are not found for the virgin. Then they shall shall bring out the damsell, to the doore of her fathers house, and the men of her City shall stone her with stones, that shee dye, because shee [Page 26] hath wrought folly in Israel, to play the whore in her fathers house: so shalt thou put away evill 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, Heb. in dy­ing shall dye. shall surely be put to death. Deut. 24. 7. If a man be found stealing Heb. A soul. any of his brethren of the children of Israel, and make gaine of him, or sell him: then that very thief shall dye, and thou shalt put evill away from among you.

Sect. 23. False witnesse against life, to be punishned with death. Deut. 19. 16. 21. If a Heb. A wit­nesse of wrong. false witnesse rise up against a man; Or spare. to testifie against that which is wrong. And thine eye shall not Heb. soule for soule. pitty: life for life, eye for eye, tooth for tooth, hand for hand, foote for foote.

CHAP. VIII. Of other crimes lesse heynous, such as are to be punished with some corporall punishment or Fine.

Sect. 1. FOrcing of a maid or a rape, is not punished by Gods 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 cor­porall punishment of stripes. By propor­tion of the law, Deut. 22. 17, 18. For this wrong is a reall slaunder: and worse to make an whore, then to say one is a whore. Deut. 22 28, 29. If a man finde a damsell a maid, which is not betrothed, and lay hold of her, and lye with her: and they be found. Then 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 dayes. Deut. 22. 17, 18. ‘And loe he hath given occasion of speech [a­against her] saying, I found not Heb. the to­kens of thy daughters virginity. thy daughter a maid, yet these are the tokens of my daughters virginity: and they shall spread the cloath, before the Elders of the City. And [Page 27] the Elders of that City shall take that man: and shall cha­stise him.’

Sect. 2. Fornication to be punished. 1. With marriage of the maide, or giving her a sufficient dowry. Exod. 22. 16. And if a man intice a maid that is not betrothed, and lye with her: he Heb. En­dowing, he shall endow her. shall surely endow her to be his wife. If her father In refusing doth refuse. utterly refuse, to give her to him: he shall Heb. weigh. pay money, according to the dowry of virgins. 2. It is to be punished with stripes (though fewer) from the equity of the former case.

Sect. 3. Rash and profane swearing and cursing to be pu­nished. 1. With losse of honour or office if he be a Magi­strate or Officer. Meet it is that their name should be disho­noured, who do dishonour Gods name. 2. With losse of freedome. 3. With disability to give testimonie. 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 Gods name. This seemes to be grounded upon the equity of the Law of blasphemie, in the 7. Chapter and 1. Secti­on, by way of proportion. However my copy hath no Scriptures an­nexed.

Sect. 4. Drunkenesse (or transforming Gods 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 asse: and a rod for the baek of fooles.

§. 5. Mayming or wounding of a free-man (whether free Burgesse or free inhabitant) to be punished with a fine, and with losse of member for member, or some valuable recom­pence, and to pay for his cure and for the losse of his time. Exod. 21. 18, 19. 22, 23, 24, 25. And if men strive together, and Heb. a man smite his neighbour. one smite another, with a stone, or with his fist: and he dye not, Heb. falleth upon his bed but keepeth his bed. If he rise againe and walke abroad, upon his staffe, then shall he that smote him be quit: onely he shall Heb. Give for his rest [...] cessation. pay for the losse of his time, and 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 childe, so that her fruit de­part from her, and yet no Or death. mischief follow: he Heb. in punishing, he shall be pu­nished. shall be surely punished, according as the womans husband will lay upon him, and he shall pay as the Judges [shall determine.] But if any Or death b [...] mischiefe follow, then thou shalt give life for life, eye for eye, tooth for tooth: [Page 28] hand for hand, foot for foot. Burning for burning, wound for wound: stripe for stripe. Lev. 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 againe.

But if it be the mayming 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 lye under his hand: Heb. in a­venging they shall be aven­ged. he shall surely be punished. Notwithstanding if he continue a day or two dayes: he shall not be punished Or avenged. for he is his money. And if a man smite the eye of his servant, or the eye of bis mayd, that it perish: Heb. shall dismisse him, because of his eye. he shall let him goe free for his eye sake

And if he smite out his man-servants tooth, or his maid-servants tooth, he Heb. shall dismisse him, because of his tooth. shall let him go free for his tooths sake.

Sect. 6. If a man steale 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 foure sheep for one. Exod. 22. 1. 4. If a man steale an oxe or a sheepe, and kill it, or sell it: he shall restore five oxen for an oxe, and foure sheep for a sheep. If the theft Heb. in fin­ding be found. be certainly found in his hand alive, whether oxe, or asse, or sheep, he shall restore double.

If the thiefe be not able to make restitution, then 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 sunne be risen upon him, there shall be blood shed for him: Heb. in re­storing hee should re­store. he should make full re­stitution, if he have nothing, then shall he be sold for his theft.

Sect. 7. If a Thiefe be found breaking up a house by night, and be slaine, his smiter is guiltlesse. Exod. 22. 2. If a thiefe be found breaking up, and be smitten that he dye: No blood [shall be shed] for him.

But in the day time he is to make full restitution, or if he be not able, then to be sold, as before.

Sect. 8. Slanders are to be punished. 1. By as publique acknowledgment, as the slander was publique. 2. By a mulct or fine of money, where the slander bringeth damage. 3. By stripes, if the slander be grosse and odious, and against such persons whom a man ought to honour and cherish, whe­ther they be his superiors, or in some degree of equality with [Page 29] himselfe, as his wife. Deut. 22. 17, 18, 19. And loe he hath given occasion of speech [against her] saying, I found not Heb. the to­kens of thy daughters virginity. thy daughter a maid, yet these are the tokens of my daughters virginity: and they shall spread the cloath 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 damsell, because hee hath brought an evill name upon a virgin of Israel: and she shall be his wife, he may not put her her away all his dayes.

CHAP. IX. Of the tryall of Causes, whether civill or crimi­nall, and the execution of sentence.

SECT. 1. IN the tryall of all causes, no judgment shall passe, but ei­ther upon confession of the party, or upon the testimony of two witnesses. Deut. 19. 4. ‘One witnesse 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 dye at the mouth of one witnesse.’

Sect. 2. Tryall by Jurors shall not be denyed, where ei­ther the Delinquent requireth it, in causes criminall; or the Plaintiff or Defendant in causes civill. Partly to preserve the liberty of the people, and partly to prevent suspition 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 Towne. Especially out of such Towne, as can give best light to the causes depending in Court, and who are least obnoxious to [Page 30] suspition 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 Judgment, upon criminall causes and persons, shall be executed in the presence of the Magi­strates, or some of them at the least. Deut. 25. 2. ‘And it shall be, if the wicked man be worthy to be beaten; that the Judge shall cause him to lye downe, 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 filthinesse, 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: lest [if] he should exceed and beate him above these with Heb. a great striking. many stripes, then thy brother should seem vile unto thee.’

Sect. 6. No free man (whether free Burgesse, or free inha­bitant) to be imprisoned, but either upon conviction, or at least probable suspition of some crime formerly mentioned, and the cause of his imprisonment to be declared, and tryed at the next Court following at furthest. 2 Sam. 23. 3. ‘He that ruleth over men [must be] just, ruling in the feare of God.’ Deut. 25. 43. 46. ‘Thou shalt not rule over him with rigour: but shalt fear thy God.’ ‘But over your bre­thren the children of Israel, one over his brother, ye shall not rule with rigour.’ ‘According to the manner of the Aegyptians,’ 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, &c.’

CHAP. X. Of causes criminall between our people and for­reign Nations.

Sect. 1. IN case any of our people should do wrong to men of another Nation, upon complaint made to the Governour, or some other of the Councell 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 himselfe to be severely punished, according to the quality of the crime. Mat. 7. 12. Therefore all things whatsoever ye would that men should doe to you, doe 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 Governour of that people, and justice upon the Malefactor, which if it be granted and performed, then no breach of peace to follow. Deut. 20. 10, 12. When thou comest nigh unto a City, to fight against it; then proclaim peace unto it. And it shall be, if it make thee an answer of peace, and open unto thee: then 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. Then she spake, saying: Heb. In spea­king it is wont to be said from the beginning, saying, inqui­ring they shal inquire of A­bel, & so they perfectly con­cluded. they were wont to speake in olde time, saying, they shall surely aske counsell at Abel, and so they en­ded [the matter.]

Sect. 3. If right of justice be denyed, and it will not stand with the honour of God, and safety of our Nation that the wrong be passed over, then warre is to be denounced and undertaken. Deut. 22. 12, 13. But if it will make no peace with thee, but will make warre with thee: then besiege thou it strait­ly.

And the Lord thy God will deliver it into thine hands: and thou shalt smite every male thereof with the Heb. the mouth of the sword. edge of the sword.

Sect. 4. Some Minister is to be set forth to goe 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; then the Priest shall approach and speake unto the people.

And he shall say to them, Heare ô Israel, ye are approaching this day unto battle against your enemies: let not the heart of any of you be tender, feare not, nor be solitous, Or hasty. neither be ye terrified Heb. from before them. be­cause of them.

For Jehovah your your God, he goeth with you: to fight Or on your side. for you, with your enemies, to save you.

Sect. 5. Men betrothed and not marryed, or newly mar­ryed; 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 warre. Deut. 20. 5, 6, 7, 8. And the Officers shall speake to to the people, saying: what man [is there] that hath built a new house, and Or imitated it. hath not dedicated it? let him goe, and return to his house; lest he dye in the battle, and another Or imitate it. man dedicate it.

And what man [is there] that hath planted a vineyard, and hath not Heb. made it common. eaten of it? let him goe and return to his house: lest he dye in the battle, and another man Heb. make it common. eate of it.

And what man [is there] that bath betrothed a wife, and hath not taken her? let him goe, and return to his house; lest he dye in the battle, and another man take her.

And the Officers Heb. shall add to speak. shall speake further to the people: and they shall say, what man [is there] that is fearefull, and Heb. tender heart. faint-hear­ted? let him goe, and return to his house; lest his brethrens heart Heb. melt. faint, as well as his heart.

Deut. 24, 5. When a man taketh a new wife, be shall not goe forth with the armie, nor Heb. nor shal any thing pass upon him. be charged with any businesse: he shall be Heb. inno­cent to his house. free at home one yeare, and shall cheere up his wife which he hath taken.

Sect. 6. Captaines 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 wickednesse is to be removed out of the Camp by severe discipline. Deut. 23 9. 12, 13, 14. When the host goeth forth to warre against thine enemies; then keepe thy selfe, 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 thy selfe abroad, thou shalt digge therewith, and shalt turne backe, 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 nakednesse of any thing, and turn away from thee.

Sect. 8. Aide in warre from men of a corrupt and false re­ligion is not to be accepted, much lesse 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 goe with thee: for Jehovah [is] not with Israel [to wit] all the children of Ephraim.

But if to goe thou [determine], make thy selfe strong for the Or War. battle: God will make thee fall before the enemie, for God hath power, to help and to cast downe.

Sect. 9. Women (especially such as have not lyen by man) little children and cattle, are to be spared and reser­ved for spoile. Deut. 20. 14. But the women and the little ones, and the cattle, and all that is in the City, all the spoile thereof thou shalt take as a prey to thy selfe: and thou shalt eate the spoile of thine enemies, which Jehovah thy God hath given thee.

Sect. 10. Fruit-trees, that may be of use for meate to our own Souldiers, are not to be cut downe or destroyed, and consequently not corne. Deut. 20. 19, 20. When thou shalt [Page 34] besiege a City many dayes, in making warre against it to take it, thou shalt not destroy the Heb. wood. trees thereof by forcing an axe against them, for thou mayest eate thereof, and thou shalt not cut them down: for ô man it is to be employed by thee in the siege.

But the tree which thou knowest, that it is not a tree for meate, that thou mayest destroy and cut downe: that thou mayest build a bul­worke against the City that is making warre with thee, untill thou hast subdued it.

Sect. 11. The spoiles gotten by warre, are to be divided into two parts, between the Souldiers and the Common­wealth that sent them forth. Numb. 31. 27. And divide the prey into two parts, between them that tooke the warre upon them, who went out to battle; and between all the congregation.

Sect. 12. A tribute from both is to be levyed to the Lord, and given to the treasury of the Church. A fiftieth part out of the Common-wealths part; and a five hundreth part out of the part of the Souldiers. Numb. 31. 28, 29, 47. And le­vie a Heb. A por­tion. tribute for Jehovah, of the men of warre that went out to warre, one soule of five hundred: both of the persons, and of the beeves, and of the asses, and of the sheep.

Take yee it of their halfe; and give it unto Eleazar the Priest, for an heave offering of Jehovah.

Even of the children of Israels halfe, Moses tooke, one portion of fifty, of the men and of the beasts; and gave them to the Levites, that keepe the charge of the Tabernacle of Jehovah, as Jehovah com­manded Moses.

Sect. 13. If all the Souldiers returne backe againe 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 me­moriall of the redemption of their lives, by the speciall 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 Captaines of hundreds, came neer unto Moses.

And they sayd unto Moses, thy servants have taken the Heb head. summe of the men of warre that are Heb. in our hand. under our charge; and there Heb. There is not a man numbred from us. lack­eth not one of us.

Wee have therefore brought Heb. The oblation of Jehovah. an oblation for the LORD, every one that hath found a vessell of gold, a chaine and brace­let, a ring, an eare-ring or tablet: to make an attonement for our soules before Jehovah.

And Moses and Eleazar the Priest tooke the gold of them: every wrought vessell.